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HomeMy WebLinkAbout09-8506MICHAEL S. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. eej- ,f ?/ v 7 THE CENTRAL PENNSYLVANIA : ACTION TO QUIET TITLE CONSERVANCY, CHRISTIAN P. HUMRICH and AMANDA R. HUMRICH, his wife, and their heirs, successors and assigns . Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 MICHAEL S. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA THE CENTRAL PENNSYLVANIA : ACTION TO QUIET TITLE CONSERVANCY, CHRISTIAN P. HUMRICH and AMANDA R. HUMRICH, his wife, and their heirs, successors and assigns Defendants COMPLAINT AND NOW, comes the Plaintiff in the above-captioned matter by and through his counsel, SALZMANN HUGHES, P.C., and files this Complaint in an Action to Quiet Title against the above- designated defendants, and in support thereof sets forth the following: 1. Plaintiff, Michael S. Farlling, is an adult individual residing at 255 Union Hall Road, Carlisle, Pennsylvania, 17013. 2. Defendant, The Central Pennsylvania Conservancy is a Pennsylvania non-profit corporation with a registered address of 218 Pine Street, Harrisburg, Pennsylvania, 17108. Hereinafter referred to as Defendant Conservancy. 3. Plaintiff is the owner of a parcel of land in Lower Frankford Township, Cumberland County, Pennsylvania, containing approximately ninety-one (91) acres by virtue of the deed dated March 20, 2002 from Tim W. Spahr, Dennis C. Gross and Mildred E. Cramer to Plaintiff Michael S. Farlling, said deed recorded in the Office of the Recorder of Deeds of Cumberland County on March 22, 2002 in Deed Book 250, Page 4489, hereinafter referred to as Plaintiff's Property, which deed is attached hereto as Exhibit A and incorporated herein by this reference. 4. Defendant Conservancy was conveyed certain parcels of land in Lower Frankford Township, Cumberland County, Pennsylvania, allegedly containing one hundred seven (107) acres by virtue of the Corrective Deed dated August 28, 2008 recorded in the Office of the Recorder of Deeds of Cumberland County on September 4, 2008 with Instrument Number 200830077. Being the same premises conveyed to Defendant Conservancy by Charles M. Fogarty by virtue of the deed dated December 28, 2007, said deed recorded in the Office of the Recorder of Deeds of Cumberland County on December 28, 2007 with Instrument Number 200747736, hereinafter referred to as Defendant's Property, which deed is attached hereto as Exhibit B and incorporated herein by this reference. 5. Defendant Conservancy's predecessor in interest, Charles M. Fogarty, obtained title by virtue of the deed dated August 11, 2000 from Leonard P. Grimm to Charles M. Fogarty, said deed recorded in the Office of the Recorder of Deeds of Cumberland County on August 16, 2000 in Deed Book 227, Page 430. The description of Defendant's Property in the deed from Grimm to Fogarty states that it contains ninety-one (91) acres, more or less, which deed is attached hereto as Exhibit C and incorporated herein by this reference. 6. The next deed in the chain of title to Defendant's Property is dated July 21, 2002 from Jennifer Fogarty, married woman, and Charles M. Fogarty, married man, to Charles M. Fogarty, married man, said deed recorded in the Office of the Recorder of Deeds of Cumberland County on July 23, 2002 in Deed Book 252, Page 3981. The description of Defendant's Property in this deed (listed as Tract No. 7) states that it contains ninety-one (91) acres, more or less, which deed is attached hereto as Exhibit D and incorporated herein by this reference. 7. The next recording in the chain of title to Defendant's Property is a Praecipe for Final Judgment in an Action to Quiet Title in the case of Charles F. Fogarty v. Samuel Chamberlain, et al, recorded in the Office of the Recorder of Deeds of Cumberland County on April 15, 2003 in Deed Book 256, Page 2823. The description of Defendant's Property in the Order for Judgment (listed as Tract No. 3) states that it contains ninety-one (91) acres, more or less, which deed is attached hereto as Exhibit E and incorporated herein by this reference. 8. The next deed in the chain of title to Defendant's Property is dated October 19, 2004 from Charles M. Fogarty, single man, to Charles M. Fogarty, single man, said deed recorded in the Office of the Recorder of Deeds of Cumberland County on October 22, 2004 in Deed Book 265, Page 4302. The description of Defendant's Property in this deed states that it now contains 107.0518 acres of woodland, which deed is attached hereto as Exhibit F and incorporated herein by this reference. 9. A survey was recorded in the Office of the Recorder of Deeds of Cumberland County also on October 22, 2004 in Plan Book 13, Page 67 by Charles Fogarty indicating that Defendant's Property now contains 107.0518 acres, said survey is attached hereto as Exhibit G and incorporated herein by this reference. 10. Charles M. Fogarty conveyed the Defendant's Property to Defendant Conservancy by virtue of the deed dated December 28, 2007, said deed recorded in the Office of the Recorder of Deeds of Cumberland County on December 28, 2007 with Instrument Number 200747736. The description of Defendant's Property in the deed states that it contains 107.0518 acres of woodland, which deed is attached hereto as Exhibit B and incorporated herein by this reference. 11. Defendant Conservancy conveyed the Defendant's Property to Defendant Conservancy by virtue of the deed dated February 4, 2008, said deed recorded in the Office of the Recorder of Deeds of Cumberland County on February 27, 2008 with Instrument Number 200805626. The description of Defendant's Property in the deed states that it contains 107.0518 acres of woodland, which deed is attached hereto as Exhibit H and incorporated herein by this reference. 12. The subject of this Complaint - Action in Quiet Title is the approximate sixteen (16) acres located between Plaintiff's Property (containing approximately 91 acres) and Defendant's Property (which contained approximately 91 acres prior to October 22, 2004), which Charles M. Fogarty deeded to himself with the deed recorded in the Office of the Recorder of Deeds of Cumberland County on October 22, 2004 as stated above. Hereinafter referred to as the 16 Acre Parcel. 13. The 16 Acre Parcel is described as follows: ALL THAT CERTAIN lot of ground in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the corner of lands now or formerly of Michael S. Farlling and lands now or formerly of Edward N. King, North 20 degrees 00 minutes 00 seconds West 879.41 feet to stones on the Cumberland County/Perry County line; thence along lands now or formerly of Florence W. Erdman Trustees, North 80 degrees 57 minutes 51 seconds East 890.53 feet to a concrete monument and stones; thence along wooded mountain land nor or formerly of The Central Pennsylvania Conservancy, South 23 degrees 24 minutes 02 seconds East 736.15 feet to stones at the line of lands now or formerly of Jeffrey A. Nailor; thence along lands now or formerly of Galen J. Westbrook and lands now or formerly of Edward N. King, South 78 degrees 50 minutes 24 seconds West 922.65 feet to the place of BEGINNING. CONTAINING 16.419 acres more or less. 14. Plaintiff's predecessors in interest to Plaintiff's Property, Spahr, et al, obtained title to the property in 1974 by virtue of the deed dated March 26, 1974, said deed recorded in the Office of the Recorder of Deeds of Cumberland County on March 26, 1974 in Deed Book N25, Page 968, which deed is attached hereto as Exhibit I and incorporated herein by this reference. 15. Upon information and belief, from on or about March 26, 1974, Spahr, et al, were in sole possession of the 16 Acre Parcel and understood that the 16 Acre Parcel was part of Plaintiff's Property, until March 20, 2002, the date the Property was conveyed to Plaintiff, such possession being actual, continuous, exclusive, visible, notorious, distinct and hostile. 16. On or about the year 1980, with the permission of Mr. Spahr, Plaintiff constructed an elaborate structure with a concrete foundation in the Northeast comer of the 16 Acre Parcel. 17. From at least 1980 until present, the 16 Acre Parcel and the permanently affixed structure constructed by Plaintiff thereon have been continually used and maintained by Plaintiff and Plaintiff's predecessors. 18. From at least 1980 until present, boundary markers consisting of concrete blocks and protruding metal stakes have visibly and openly provided notice that the 16 Acre Parcel was part of Plaintiff's Property. 19. From at least 1980 until present, trees have been marked with fluorescent paint visibly and openly providing notice that the 16 Acre Parcel was part of Plaintiff's Property. 20. From on or about March 20, 2002 when Plaintiff acquired title to Plaintiffs Property until present, Plaintiff has been in sole possession of the 16 Acre Parcel whereby he continued to maintain the elaborate structure constructed thereon, posted no trespassing signs, and marked trees along the boundary. 21. Plaintiff and his predecessors in title, Spahr, et al, have been in sole possession to the exclusion of all others of the 16 Acre Parcel from at least on or about 1980 until present, which said possession has been actual, continuous, exclusive, visible, notorious, distinct and hostile. 22. Upon information and belief, neither Defendant Conservancy, nor its predecessors in interest, Charles M. Fogarty, Jennifer Fogarty and Leonard P. Grimm, has ever been in possession of the 16 Acre Parcel. 23. On or about the year 2002, the year in which Fogarty filed the Quiet Title action regarding the 91 acres of Defendant's property, a surveyor marked Defendant's 91 acres placing pins at the same location Plaintiff and his predecessors had marked indicating that the 16 Acre Parcel was part of Plaintiffs Property. 24. Plaintiff filed a Petition to Intervene the quiet title action filed by Fogarty with Cumberland County Civil Action Number 02-5149, which was subsequently not pursued when it was apparent that the quiet title action did not involve the 16 Acre Parcel in which Plaintiff possessed, but only pertained to the ninety-one (91) acres of Defendant's Property in which Plaintiff had no possessory interest. 25. Fogarty placed the survey attached hereto as Exhibit G on record on October 22, 2004, indicating that Defendant's Property contains 107.0518 acres and included the 16 Acre Parcel without giving any notice to Plaintiff, being open and visible possessor of the 16 Acre Parcel, and there was no physical indication on the property by stakes or other markers that new boundaries were being established. 26. Apparently based on this survey, Fogarty went ahead and recorded a deed on October 22, 2004 conveying to himself the 16 Acre Parcel and adding it to the ninety-one (91) acres so that Defendant's Property now totaled 107.0518 acres as stated in the deed attached hereto as Exhibit F. 27. It was not until spring of 2009 that Plaintiff was made aware that Defendant Conservancy and its predecessor Fogarty claimed the 16 Acre Parcel as part of Defendant's Property. 28. Neither Fogarty nor Defendant Conservancy have ever been in possession or held title to the 16 Acre Parcel. 29. The last record owner of the 16 Acre Parcel prior to Fogarty was Christian P. Humrich who obtained title from Henry Ritter, Treasurer of Cumberland County, of an approximate 1,000 acre tract of land (of which the 16 Acre Parcel was a part) by deed dated June 13, 1864 and recorded in Deed Docket No. 526, such property seized for payment of unpaid taxes from the owner, M. Hollenbach, which deed is attached hereto as Exhibit J and incorporated herein by this reference. 30. According to the deed dated July 19, 1897, and recorded at 6G-434, from Christian P. Humrich to Harry Griffie attached hereto as Exhibit K and incorporated herein by this reference, such deed being in the chain of title for Plaintiffs Property, M. Hollenbach obtained two parcels of land, which included both Plaintiffs Property and the 16 Acre Parcel. One property was in the name of James Parks warranted on March 10, 1794 and surveyed May 16, 1794, survey attached hereto as Exhibit L and incorporated herein by this reference, and the other property was in the name of George McKeehan warranted on March 10, 1794 and surveyed May 7, 1794, survey attached hereto as Exhibit M and incorporated herein by this reference. 31. According to the Humrich to Griffie deed attached hereto as Exhibit K, Plaintiff's Property was comprised of a part of both the Parks tract and the McKeehan tract. 32. Besides the conveyance from Humrich to Griffie of Plaintiffs Property, there was only one other recorded conveyance from Humrich out of the Parks and McKeehan tracts, such conveyance being from C. P. Humrich to Samuel A. Shambaugh dated June 26, 1894, and recorded at 12V-477, containing fifty-four (54) acres and located adjacent to Plaintiff s Property on the Western boundary, which deed is attached hereto as Exhibit N and incorporated herein by this reference. 33. By way of further explanation, a title search of Defendant's Property indicates that Fogarty acquired title to the ninety-one (91) acres without valid legal basis. 34. Fogarty acquired title to the 91 acres of Defendant's Property from Leonard P. Grimm by the deed dated August 11, 2000, as seen in the attached Exhibit C. 35. There is no record of conveyance of Defendant's Property into Leonard P. Grimm and Leonard P. Grimm never had a possessory interest in Defendant's Property. 36. Prior to the deed from Grimm to Fogarty, the next recorded deed for Defendant's Property is from Henry Ritter, Treasurer of Cumberland County, to Christian P. Humrich of an approximate 1,000 acre tract of land (of which the 16 Acre Parcel was a part) by the deed dated June 13, 1864 attached hereto as Exhibit J. 37. Plaintiff asserts that there is a cloud on Defendant Conservancy's purported title to the 16 Acre Parcel. 38. As a result of the use and possession by Plaintiff and his predecessor in interest of the 16 Acre Parcel that has been actual, continuous, exclusive, visible, notorious, distinct and hostile for a period of time in excess of twenty-one (21) years, Plaintiff is the sole owner in fee simple of said property by adverse possession. VERIFICATION The foregoing document is based upon information that has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 11 Z 3 0 THIS DEED, MADE THE 2 dday of lnAr'? in the year two thousand two (2002), BETWEEN TIM W. SPAHR, of Lower Frankford Township, Cumberland County, Pennsylvania, DENNIS C. GROSS, of Cumberland County and MILDRED E. CRAMER, individually and as Executrix of the Estate of Ernest M. Cramer, of Shermansdale, Perry County, hereinafter called Grantors, AND, AUCHAEL S. FARLLING, of Cumberland County, Pennsylvania, hereinafter called Grantee: WHEREAS, Ernest M. Cramer died April 23, 1990, testate with a one-third interest in certain land situate in Lower Frankford Township, Cumberland County, Pennsylvania; and . WHEREAS, Ernest M. Cramer appointed Mildred E. Cramer, as Executrix of the said estate pursuant to his Last Will and Testament dated September 19, 1978 and she is still acting as such. WMESSETH, that in consideration of the sum of Twenty Thousand and no/100 ($20,000.00) Dollars, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantee, his heirs and assigns ALL that certain tract or piece of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at stones a comer of line between Cumberland and Perry Counties, of land now or formerly of Samuel A. Shambaugh; thence by said land of said Shambaugh, South 19 degrees East 65 perches to stones a corner of lands now or formerly of B. Nickey and others; thence by same North 68 '/ degrees East 173 perches to a fallen black oak, corner of lands now or formerly of Andrew Barrick; thence by said Barrick and others, North 71 % degrees East 62.7 perches *to stones, a corner of land now or formerly of C. P. Humrich; thence by said Humrich, North 20 degrees West 61 perches, more or less, to a post on line between Cumberland and Perry Counties; thence by said county line in a southwesterly direction, the several courses and distance estimated as 235 perches,.more or less, to stones, a corner of said line, the Place of BEGINNING. EXHIBIT 600K 250 PAGE4489 CONTAINING 91 acres and 7 perches. BEING the same premises which James R. Scott and Helen I. Scott, his wife, granted and conveyed to Tim W. Spahr, Dennis C. Gross, and Ernest M. Cramer, by deed dated March 26, _-1974-and-recorded-in the-Office-ofthe-Recorder: of-Deeds-for£umberland-Fe in Book--- -- N, Volume 25, Page 963. Ernest M. Cramer died April 23, 1990 vesting his one-third interest in said property to his wife, Mildred E. Cramer, one of the Grantors herein. Grantors hereby certify that no proceedings involving divorce are now contemplated or pending in any jurisdiction. 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. r (SEAL) TIM W. SPAHR Cp ?'... -•-- (SEAL) DENNIS C. GROSS (SEAL) MILDRkD; E. CRAMER, Individually jM AUA4,64 j?r. OUWU.a• (SEAL) MILDRED E. CRAMER, Executrix of the estate of ERNEST M. CRAMER 600K 250 PAGE4480 Signed Sealed and Delivered COMMONWEALTH OF PENNSYLVANIA -- - RLA-NIr- ---- :SS: 'L?- On this, th day of 2002, before me the undersigned officer, personally appeared W. SP DENNIS C. GROSS, AND MILDRED E. CRAMER, individually, 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. WHEREOF, I hereunto set my hand and seal. Notarial Seal rcqualine L. OravYbeuO Notary Carlisle Born. Cumberland Cantf? Ay Commisslon ExWres Aup.14, zo?va ffltw, Pemeylvania AlsodaWn of Notaries COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the day of 2002, before me the undersigned officer, personally appeared MILDRED E. R, Executrix of the Estate of ERNEST M. CRA UM 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- t hereunto set my hand and seal BOX 260 PAG4491 Momba Pwn9VNnrrn Assoda#W of Notaries I do hereby certify that the precise residence and com lete within named Grantees is ; Z5r VA60,) 61411 'to^7 Ct,pjtSl _ Dn ?nw) 1 /YIVCA ?20 2002 ?n COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND [ CEl-(; fyWS to be recorded rri M aj I Cumberland RECORDED on this day o ?the Recordee" Office of the said County, in D a rv =? Given under my hand and seal *?M a da abo ? c7 R O y N c c- © x rr Recorder of Deeds ° ` Recorder z' s J a W. FS AHr S 9% N M r?? 4 6 2W ?W4499 post office address of the q-773 Tax Parcel #14-04-0381-107 FEE SIMPLE DEED THIS INDENTURE, made the 28th day of December in the year of our Lord Two Thousand Seven (2007). BETWEEN CHARLES M. FOGARTY, Single Man, of Boiling Springs, Cumberland County, Pennsylvania, Grantor, Party of the First Part, AND THE CENTRAL PENNSYLVANIA CONSERVANCY, a Pennsylvania non-profit corporation, Grantee, Party of the Second Part, WITNESSETH that the said Party of the First Part, for and in consideration of the sum of Four Hundred Thousand and No/100 Dollars ($400,000.00), lawful money of the United States of America, well and truly paid by the said Party of the Second Part to the said Party of the First Part, at and before the sealing and delivery of these presents, the receipt whereof Is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed and by these presents does grant, bargain, sell, allen, enfeoff, release, convey, and confirm unto the said Party of the Second Part, its successors and.assigns: ALL that certain piece, parcel or tract of land, together with the improvements erected, situate 'in Lower Frankford Township, Cumberland County, Pennsylvania, described in accordance with a survey and plan thereof, prepared by Act 1 Consultants, Inc., dated May 19, 2004, and bearing drawing no. 04-082, a copy of which is recorded in Cumberland County R/W Plan Book 13, Page 67, which premises are bounded and described as follows, to wit: BEGINNING at a concrete monument at line of lands of the National Audubon Society at line of lands now or formerly of Dennis E. Thomas; thence along lands of said Dennis E. Thomas, South 23 Degrees 24 Minutes 02 Seconds East, the distance of 736.15 feet to a pipe found at line of lands now or formerly of Vnaldra A. Hockenberry; thence along same, and also along lands now or formerly of Robert Martin, South 75 Degrees 08 Minutes 52 Seconds West, the distance of 583.65 feet to stones found at line of lands now or formerly of Marlyn J. Peters; thence along same, South 74 Degrees 21 Minutes 21 Seconds West, the distance of 1,327.51 feet to stones found at line of lands now or formerly of J. Michael Adler, thence along same, South 75 Degrees 11 Minutes 45 Seconds West, the distance of 617.72 feet to stones at line of lands now or formerl;y of Joseph J. Koppen, Jr.; thence along same, South 72 Degrees 52 Minutes 19 Seconds West, the distance of 462.97 feet to stones at line of lands of Jeffrey A. Nailor; thence along same, South 74 Degrees 12 Minutes 19 Seconds West, the distance of 638.82 feet to stones at other lands of Jeffrey A. Nailor; thence along same, South 70 Degrees 08 Minutes 29 Seconds West, the distance of EXHIBIT 602.37 feet to stones found at line of lands now or formerly of Galen J. Westbrook; thence along same and also along lands now or formerly of Edward H. King, South 78 Degrees 50 Minutes 24 Seconds West, the distance of 922.65 feet to stones at line of lands now or formerly of Michael S. Farling; thence along same, North 20 Degrees 00 Minutes 00 Seconds West, the distance of 879.41 feet to stones on the Cumberland County / Perry County line at line of lands now or formerly of Florence W. Erdman Trustees; thence along same, North 80 Degrees 57 Minutes 51 Seconds East, the distance of 890.53 feet to a concrete monument and stones; thence continuing along same, North 67 Degrees 15 Minutes 51 Seconds East, the distance of 2,216.47 feet to a concrete monument and stones; thence continuing along same, North 85 Degrees 49 Minutes 39 Seconds East, the distance of 1,098.15 feet to a concrete monument and stones; thence along same, North 78 Degrees 24 Minutes 19 Seconds East, the distance of 740.42 feet to stones at line of lands now or formerly of A.T.&T. ; thence along same, North 67 Degrees 38 Minutes 30 Seconds East, the distance of 208.70 feet to a point in the bed of the old highway crossing Blue Mountain and at line of lands now or formerly of the National Audubon Society; thence along same, South 22 Degrees 21 Minutes 30 Seconds East, the distance of 104.35 feet to the concrete monument at the point and place of BEGINNING Containing 107.0518 Acres of Woodland. Being designated as Cumberland County Tax Parcel #14-04-0381-107. BEING the same premises which Charles M. Fogarty, Single Man, by deed dated October 19, 2004, and recorded in Cumberland County Deed Book 265, Page 4302, granted and conveyed unto Charles M. Fogarty, Single Man, Grantor herein. TOGETHERwith all and singular, thetenements, hereditaments and appurtenances to the same belonging or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues, and profits thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said Party of the First Part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, Unto the said Party of the Second Part, its successors and assigns, to and for the only proper use and behoof of the said Party of the Second Part, its successors and assigns forever," AND THL SAID Party of the First Part, for himself, his heirs, executors and administrators, do by these presents, covenant, grant and agree to and with the said Party of the Second Part, its successors and assigns, that he the said Party of the First Part, and his heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned and intended so to be, with appurtenances, unto the said Party of the Second Part, its successors and assigns, against the said Party of the First Part and his heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the sbme or any part thereof, by, from or under him, her, them or any of them, shall and will, by these presents, WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said Party of the First Part, has hereunto set his hand and s al th€ day a ye r irst above written. W itn HARLES M. FOGART. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On this, the 28th day of December, 2007, before me, a Notary Public, the undersigned officer, personally appeared Charles M. Fogarty, Single Man, known to me (or satisfactorily proven) to be the persons whose name ' bscribed to the within instrument, and acknowledged that he executed th same f the pur therein contained. IN WITNESS WHEREOF, I hereunto set m han d offisial al_ ROBERT a. AWbACH, Notary Public ° f ' Halifax Townships DauQhih 20%M Notary Public I hereby certify that the precise residence of the Grantee in the within Deed is: L( RFN-183 EX (11-01) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO BOX 280803 tMRIBBURG PA 17128.0603 nS ruct W11110 Date Recordsd --0-7 Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed is widmt consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s). A. CORRESPONDENT - All Inquiries may be directed to the following person: Name Telephone Number. ROBERT G. RADEBACH (717) 896-2666 0#--1 AwA --- 912 NORTH RIVER ROAD ""r HALIFAX State Zip Code PA 17032 B. TRANSFER DATA Date of Acce tance of Document Grantor(syt,essor(s) Grentee(syl-essee(s) CHARLES M. FOGARTY CENTRAL PENNSYLVANIA CONSERVANCY Street Address Street Address 617 GUTSHALL ROAD 4750 LINDAL ROAD city state Zip Code city tate Zip Code BOILING SPRINGS PA 17007 HARRISBURG ?PA 17111 C. PROPERTY LOCATION Street Address City. Township, Borough WAGGONERS GAP ROAD LOWER FRANKFORD TOWNSHIP County CUMBERLAND School D"18lrM BIG SPRING lax Parcel Number 14-04-0381-107 D. VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration 400,000.00 +0.00 = 400,000.00 4. County Assessed Value S. Common Level Ratio Factor ti. Fair Market Value 79,160.00 X 1.22 = 96,575.20 E. EXEMPTION DATA 1a. Amount of Exemption Claimed 1b. Percentage of Interest Conveyed 100.00 100 2. Check Appropriate Box Below for Exemption Claimed El Will or intestate succession ? Transfer to Industrial Development Agency. (Name of Decedent) (Estate File Number) El Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ® Other (Please explain exemption claimed, if other than listed above.) Section 1101-C-18. TRANSFER TO WHICH IS TAX EX? AND WHICH HAS PRIMARY PURPOSE OF PRESERVATION OF LAND. Under penalties of my knowledg Signature of Corres REALTY TRANSFER TAX STATEMENT OF VALUE See Reverse fOr 1 t i eaammeo tnts statement, including accompanying information, and to the best Date 12/28/2007 FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. 1 State Tax Paid ---- ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200747736 Recorded On 12/28/2007 At 1:18:32 PM * Total Pages - 5 * Instrument Type - DEED Invoice Number -11573 User ID - KW * Grantor - FOGARTY, CHARLES M * Grantee - CENTRAL PENNSYLVANIA CONSERVANCY * Customer - ROBERT G RADEBACH * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $39.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS stiao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. rusiiHiiii?ini aa35 L) ,.2IMER THIS T) t, i.D RL'GOltii(:(s or DEEDS OLINSERLAItu COUNTY-PA MADE THE,J1? of in tho year of our Lord TwoTOhoAImUaGnd (!04,R 1 t17 BETWEEN LEGNAW P. GRUAK widower, of Laanlog County of Dauphin, and State of Fenncylvanio, lrerelhaller Called the Grantorand Party of the must Part, AND CHARLES M FOGARTY of Boiling Springs, Pcmghan* hereinafter called the Granter and Party, of the Second Put WITNESSMIJ that the party, of the But put, for and in consideration of the sum of Ong Dollar, ($1.001 lawful moony of the United States of America, unto Creator well and truly paid by the Party of the Second.Past, at and befte the to dit and delivery of these pnscalk the rocdpt Whcroor 13 hereby adarowledged; the Grantor, does hereby release and quit cWm to the add Grantee, his heirs and assigns. ALL THAT CERTAIN uaux of land sitwla and bUM In Frvnldord Township, Cumbodand County, State or Pbnmylvaoh, bounded and described as follows: BEGINNING at donee at the foot of North Maaiatain, thence by hinds of GriMe North twenty degrees Wed sixW cw paeba mac orless tos pat on the line barreeea tomobedand and Perry Coumdes, !ham by lands of Gauge B. Dom and along or near add County like Northeasterly varier: courxa and didances three hundred and seven padre mare or less to doses near crossing at Waggoners Gap Road, thence by Iands of Harvey R Cramer and I.W. Hoy Sodh twenty-six degtea End fifty-two padres morn or less to stoner, thence by hods of Wkilor, Wkggoner. Shugha t and others, Solt sevamy-one degrees Wed three hundred and three porches more or less to stones, than place of BEGINNING. CONTAINING 91 ACRES MORE OR LESS TOGETHER. with aD and siaguhr the teaftooK heredlhmentc and apporunaoces to the amo Wougiug, or in s yWhae apportaiaisug, aodthe launder and reradoaa romaioder and rcmatndas. rents, issues and proem thaeol; and aho, all the edsK dsK title, Interay property. dim and demand whatsoever, both is law and agri% of the aW GmnWm of, In,, to or ow arthe aid psanisa, and every pen and posed thereof. TO HAVE ACID TO HOLD do said premises, with all and singular the appurtewows, unto the saW billheirsandual g to a d for the outyproperuse andbehoof ofthe uW Grantee, We heirs N (Tre411 now exists in 9 Lower Frankford Twp) • w rt i3 227M Gi 430 --L- 05119/2009 11:18:15 AM CUMBERLAND COUNTY Inst.# 200022354 - Page 1 of 3 IN WnMS WHEREOF, aid Grantors Law hereunto ad their hands and seals the day and year rust above writlea. SIGNED, SEALED AND DELIVEM PRESENCE OF: t , 12Zur"', U. LEONARD P. GRINM COMMONWEALTH/STATEOF P+-K9SY 1"Rol. SS. COUNTYOf ?u 11 Nkut On this, the p ? * of a , 2000. bdbe me, the uttd.0pcd of .. Dmwoaliy appeared Leonard P. Grimm, brown to or addle torilyproven) to be the person wboas name Is abacrtbad to the within inatntmeot, and aduwwleW that he executed the same for the purposes therein contained IN WITNESS WHEREOF, I Lave here uuo set my hand and olSdal PATRIOAkds4tyPaEAc 4y Commission Lapis. t ananW" w 8. 2001 "M 110* I hen5y car" fiat the Residence and Fed fifth of wItMa Santee is 6- /7 6frn52W= Al Raua& -995 PA' 17ao 7 S a fte w Atty. h State of Ponnsylvente ll rte: County of Cumberland J . . Retrorded In the office for the recording oft q ' L in nd for nand County. i ??Vof .._-.raga-v" p^+i loses my handQrf s°':I of offlca? -ta`'.Y. •:J yx .le. day of Carlt< PAthls_tl7-- ; y BCOX 22 I•.,cE 431 05/19/2009 11:18:15 AM CUMBERLAND COUNTY Inst.# 200022354 - Page 2 of 3 uv.te a" REALTY TRANSFER TAX coltaotlweulx or rtrelenvutu STATEMENT OF VALUE ar m ' ai ALT "ofm 1eWAL Axee eearaV One 1 1 1010110% PA tiueeae See Rwenr hr butructlem exempt Iran tax 05/19/2009 11:18:15 AM A GIJKKb.7rVlt Yir?e a rrn mawreme mare w m-.we .w .m ....?....?-•--••• Name Tdw- ?Atet6err f'?t? ? rn ???? AneGdcl?n) x43-3a?3 .?\/???1?1e4' C 1RF 1-7 dC17 0 TRANSFER DATA fn- t4 R(Li l1l . $? e?T ?o ? m? a.>1r3inr.1 em GR I'?o'7 2. Chock Appreprkte Be. baker far Exemption Claimed ? W)E or Imewate roccerrton ? TruroBr to indumrtal Developtoei Agency. ?' Transfer to a Inal. (Attach complete copy of trop olimmood IdeaMying all beseRdarin.) ? bonder between principal and agent. (Allad complao copy of agmaylNrow party agreement.) ? Troeden to Ow Comworwoobta the Uaked Static and Inrana"rhaN6a by jib, dedication, coademnatkn or In Sam of condemnalkn. pf codemnarm or N Now of condemnation, onach copy of resolution.) ? Transfer from mortgagor to a )alder of a mortgage N d"k. Mortgage Rook Number , Page Number ? Correaivo or confirmatory deed. (Anach complete copy of the prior deed being corroded or confirmad.1 ? Slatwory corporate consolidation, merger or dMdon. (Anadr copy of artides.) ? Other (rivals explain exemption claimed, R other than broad abave.) FAILURE TO COMPLETE TMS FORM TO RECORD THE DEED. goomap- I' -big TERLbR ATTACH APPLICAM DOCUMENTATION MAY RKULT IN THE RECORDER'S REFUSAL CUMBERLAND COUNTY Inst.# 200022354 - Page 3 of 3 P. ZIEGLER ORDER OF DEEDS THIS INDENTURE, .:)rRLAND COUNTY 02 JUL 23 Pfd 2 54 Alk MADE THE 01/ day of -70, two thousand and two (2002) BETWEEN Jennifer Fogarty a/Wa Jennifer A. Fogarty, married woman, of 640 Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, and Charles M. Fogarty a/Wa Charles Fogarty, married man, of 617 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, Grantors and Parties of the first part, AND Charles M. Fogarty, married man, of 617 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, Grantee, Party of the second part, WITNESSETH that the said Parties of the First Pert, for and in consideration of the sum of One and N0/100 Dollars ($1.00), lawful money of the United States of America and other valuable consideration, well and truly paid by the said party of the Second Part to the said Parties of the-First Part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed and by these Presents do grant, bargain, sell, alein, enfeoff, release, convey, and confirm unto the said Party of the Second Part, his heirs, executors and administrators. ALL those tracts or paresis of ground bounded and described as follows: Trail No. 1 ALL that certain tract of Mountain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at a stone pile on a fine between other lands now or formerly of Henry Bowman and lease Miller; thence South twenty-eight degrees west severity-one and six tenths perches to stones; thence along the lands now or fate of C.W. and D.V. All South twelve degrees East five perch to stones on a pine stump; thence South twenty- six degrees l=ast twenty-eight perch to stones; thence along Wands of Peter Stambaugh North seventy-one and a quarter dW" East fifty4hnee and one tenth perch to a stone pile at the Summit of the Mountain; thence along lands now or formerly of Henry Bowman North twenty and throe quarter degrees West eighty-two perch to the place of beginning. Containing 18 acres 63 perches, neat measure. V Being Tax Parcel #22-12-0348-228 EXHIBIT BOOT( 252 PACEMi Being the same tract of land which Charles Fogarty conveyed to Charles Fogerty by deed dated 41411988 recorded in the Cumberland County Recorder of Deeds Office in Deed Book G Volume 33 page 470. Tract No. 2 ALL that certain tract of Mountain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described as follows; BEGINNING at stones by lands of George W. Leidigh; thence North thirty-six and one quarter degrees West Eighty-three and Nine-tenths perches to a pine stump; thence North twenty-three degrees West four perches to stones; thence North sixty-nine and one half degrees East Thirty-seven and three tenths perches to stones; thence South twenty-one and one half degrees East Eighty our and three tenths perches to stones; thence south sixty degrees west fifteen and five tenths perches to the place of Beginning. Containing 14 acres 10 perches, strict measure. " Being Tax Parcel #22-12-0348-083 Being the same tract of land which Charles Fogarty conveyed to Charles Fogarty by deed dated 7MI989 recorded 7rAft in the Cumberland County Recorder of Deeds Office in Deed Book B Volume 34 page 728. Trams ALL that certain tract of Mountain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described according to a survey by Act 1 Consultants, Inc. on 81=001 as follows. Beginning at pipe and stones; thence by lands of James A. Edris and Fred E. Bucher South twenty-one degrees fifty-seven minutes nine seconds East eight hundred seventy-'six and $I*-five hundredths feet to stones; thence by lands now or late of George Peffer South twenty-two degrees fifty-seven minutes nine seconds East nine hundred eight and twenty-one hundredths feet to stones; thence by White Rods Acres North seventy-three degrees twenty-six minutes one second East two hundred twenty- nine and forty-five hundredths feet to pin and stones; thence by lands now or late of Anna Eberly North twenty-two, degrees thirty minutes forty-three seconds West one thousand seven hundred sbdy-four and forty-five hundredths feet to pin and stones; thence by lands of Charles and Wayne Myers South seventy-eight degrees thirty minutes West two hundred thirty and eighty-nine hundredths feet to Beginning. Containing 9.425 acres by survey Wx 252 ROW hundred fifty five and twenty-eight hundredths feet to a rail monument; thence by lands now or formerly of Universal Atlas Cement Company South twenty degrees W-six minutes twenty-six seconds East four hundred fifteen and no tenths fleet to a pin; thence by Lot No. 4 North seventy-one degrees forty-one minutes four seconds West six hundred thirty and seventeen hundreds feet to a pin on the rWd of way of Gutshali Road; thence by Gutshall Road North forty-three degrees fifty-eight minutes East one hundred fifty and no tenths feet to the place of beginning. CONTAINING 2.66 acres Being part of Tax Parcel # 40-12-0346-007 Being part of the same premises which William Hamlin Neely, Jr. and Stuart McAlister Neely Coexecutors of the Estate of Jean Chamberlin Neely, deceased, conveyed to Charles M. Fogarty by deed dated October 14, 1987 and recorded In Deed Book Z Volume 32 page 785. Trect No. 6 ALL that certain tract of Mountain Land situate In the Township of South Middleton, County of Cumberiand and State of Pennsylvania, being Lot No. 5 on the subdivision plan of Edgeland as prepared by Act 1 Engineering dated Aprll 4,1 9% with said plan being recorded in Cumberland County Plan Book 55 page 70, which promises are bounded and described as follows: BEGINNING at a pin on right of way of Gutshall Road on line of Lot No. 4 thence by the said Lot No. 4 South thirteen degrees seventeen minutes one second East six hundred eighty-three and thirty-tive hundredths feet to a pin thence by lands now or formerly of Universal Atlas Cement Company South seventy-six degrees fifty-three minutes twenty seconds West One hundred and fifty feet to a pin; thence by Lot No. 6 North thirteen degrees seventeen minutes one second West six hundred forty-sIx and slx mrw hundredths feet to a pin on the right of way of Gutshall Road; thence by Gutshall Road North sixty-seven degrees fourteen minutes thbtty-rrrlne seconds East W -W and thirty-two hundredths feet to a pin; thence by the same by a curve to the left having a radius of four hundred and fifty-five and an Arc distance one hundred and forty-one hundreds feet the place of beginning. CONTAINING 2.28 acres VBeing part of Tex Parcel # 40-124)346-007 Being part of the some premises which William Hamlin Neely, Jr. and Stuart McAlister Neely Co-Executors of the Estate of Jean Chamberlain Neely, deceased, conveyed to Charles M. Fogarty by deed dated October 14, 1987 and recorded in Deed Book Z Volume 32 page 785. BOOK 252 PAGE3984 TOGETHER with a right-of-way through land now or formerly of Cary W. Ahl•, and subject to an agreement between C.W. Ahl, David Brandt and Christian Lehmer, dated December 1, 1853. Y Being Tax Parcel #22-12-0348-073 Being the same tract of land, now accurately described by survey, which Stephen J. Bryniesser, Extr. of the Estate of Nellie M. Brymesser conveyed to Charles M. Fogarty and Jennifer A Fogarty by deed dated November 28, 2000 recorded December 7, 2000 in Record Book 235 page 732. Tnict No. 4 ALL that certain tract of Mountain Land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at a pine stump; thence by lands of Ego, North forty-two and one half degrees West one hundred and two perches to stones; thence by same, North sixty-four and three fourth degrees East twen"res perches to a pine; thence South forty-three and one half degrees East seventy-two and one half pendtes to a pine; thence by Jacob Bower, South thir"ree perches and eight tenths to the place of begiming. CONTAINING 15 Acres, more or less. Being Tax Parcel # 40-15-0201-039 Being part of the same premises which William Hamlin Neely, Jr. and Stuart McAlister Neely Co-Executors of the Estate of Jean Chamberlain Neely, deceased, conveyed to Charies M. Fogarty by deed dated October 14, 1987 and recorded in Deed Book Z Volume 32 page 785. Also being Tract No. 2 of a corrective deed which William Hamlin Neely, Jr. and Stuart McAlister Neely Co-Executors of the Estate of Jean Chamberlain Neely, deceased conveyed to Charles M. Fogarty by deed dated January 13, 2000 and recorded January 18, 2000 in Record Book 214 page 1146. Tract N q_-5 ALL that certain tract of Mountain Land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lot No. 3 on the subdivision plan of Edgeland as prepared by Act 1 Engineering dated April 4,19% with said plan being recorded in Cumberland County Plan Book 55 page 70, which premises are bounded and described as follows: BEGINNING at a pin on right of way of Gutshall Road on line of land now or formerly of Ricky L. Haring thence by lands now or late of the said Ricky L. Hearing and Robert Keath North seventy-six degrees forty-three minutes twenty seconds East three Wx 252 FAGE3983 Tract No. 7 ALL that certain tract of Mountain Land situate In the Township of Lower Frankford, County of Cumberland and State of Pemsylvania bounded and described as follows: BEGINNING at stones at the foot of North Mountain, them by lands of Griffie Nord twenty degrees West sixty-one perches more or less to a post on the line between Cumberland and Perry Counties, thence by lands of George B. purn and along or near said County line Northeasterly various courses and distances three hundred and seven perches more or less to stones near crossing at Waggoners Gap Road, thence by lands of Harvey H. Cramer and J. W. Hoy South twenty-six degrees East fifty-two perches more or less to stones, thence by lands of Nailor, Waggoner, Shughart and others, South seventy-one degrees West throes hundred and three perches more or less to stones, the place of Beginning. CONTAINING 91 ACRES MORE OR LESS Being Tax Parcel "i -103 Being the same premises which Leonard P. Grimm, widower conveyed to Charles M. Fogarty by deed dated August 11, 2000 entered August 16, 2000 in Record Book 227 page 430. Tract No. 8 ALL that certain 1f2 interest in a tract of Mountain Land situate In the Township of East Pennsboro, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at an iron pin at the southwest comer of.lands now or formerly of Otto Hepner; thence by lands now or formerly of Mks. Miller, North twenty-three degrees West, fare hundred forty feet to a pin in the center of a 40 toot road, Thence by other lands now or formerly of Mrs. Miller North twer t4 ree degnses. West four hundred fifty three feet to stones; thence by lands now or formerly of the Bell Estate, North seventy. three degrees thirty minutes East two hundred ninety-eight and slaty-ve hundredths feet to stones; thence South twenty-three degrees East three hundred thirty- four and eight hundredths feet to a pin In the crenter of aforesaid 40 foot road; thence along lands now or formerly of Ben Eby, South twenty-three degrees East five hundred sixty. five feet to a pin; thence along land now or formerly of Otto Hepner, South fifty-nine degrees West two hundred ninety4our and sixty-two feet to a pin at the place of Beginning. CONTAINING 6.4 Acres more or less of Being Tax Parcel #09-113007-026 BOOK 2V PAGE3985 Being the same premises which Doris K. Smiley, Administratrix of the Estate of Ross H. Smiley conveyed to William R. Jones and Colleen F. Jones as tenants by the entireties of an undivided one-half interest and Charles M. Fogarty and Jennifer A Fogarty as tenants by the entireties of an undivided one-half interest by deed recorded August 7 1995 in Record Book 126 page 331. ' T W No. 99 All that certain tract or parcel of land situate in Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey by Act 1 Consultants, Inc. dated March 22, 1996 as follows: BEGINNING at a nail in Lisburn Road (L.R. 21013); thence by lands now or formerly of Ralph T. Henry North thirty-four degrees Naive minutes fifty-two seconds West one hundred seventy and seventy4wo hundredths feet to a pipe; thence by same South seventy-five degrees sixteen minutes forty -seconds West awe*-nine and fifty-one hundredths feet to a pipe; thence by lands now or formerly of Hummeistown Quarries North thirty-four degrees seventeen minutes twenty-three seconds West six hundred fifty-six and four hundredths feet to a pin; thence by lands now or late of Hollinger and Swain North sev?ty-one degrees flfteen minutes East seven hundred thirty-hw and fifty-three hundredths 1"eet to a pin; thence by lams now or formerly of Blu r*nstein South sixteen degrees forty,41ve minutes East eighty feet to a pin; thence by same North seventysix degrees fifteen minutes forty-nine seconds East one hundred seventy-seven and twenty-three hundredths feet to a nail in PA Route 114; thence In Road South nineteen degrees twenty minutes ten seconds East one hundred ninety-two and fifty-five hundredths feet to a nail in said road; thence by lands now or formerly of Chubb South seventy-three degrees fortyloo minutes twenty-seven seconds West one hundred seventy and fourteen hundredths feet to a pin; thence by lands of Chubb, Barth, Knisely and Fogarty South twerrty degrees Nasty-eVt minutes forty-,six seconds East four hundred eight and seven"m hundredths feet to a pin; thence by lands now or formerly of Davis, Davis, Colebaugh, Beeman and Miller South seventy-eight degrees one minute and tNrty = seconds West four hundred seventy-one and thirty- four hundredths feet to a pin; thence by lards now or late of said Miller South thirty- three degrees thirty-eight. minutes thirty-won seconds East one hundred seventy-wgiht feet to a nail in Lisburn Road (L.R. 21013); thence In said Road South severity-eight degrees nineteen minutes fifty-five seconds West twenty-seven and ninety4our hundredths feet to the place of Beginning. CONTAINING 10.6568 ACRES v Being Tax Parcel # 42-30-211 "13 Being the same premises which Charles M. Fogarty and Jennifer A. Fogarty conveyed to Charles M. Fogarty and Jennifer A Fogarty by deed dated 311 0199 and recorded in Cumberland County Record Book 195 page 853, Tract No. 1. Book 252 PAcr3986 Tract No. 10 All that certain tract or parcel of land situate in Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania, bounded and described acoordIng to a survey by Act 1 Consultants, Inc. dated March 22, 1996 as follows: BEGINNING at a nail at the intersection of PA Route 114 and Lisburn Road (L.R. 21013); thence by said Lisburn Road South seventy-eight degrees one minute thirty- four seconds West one hundred and thirty feet to a pin; thence by lands now or formerly of Davis North twelve degrees fifty-four minutes forty-one seconds West one hundred and fifty feet to a pin; thence by lands of Fogarty North seventy-eight degrees one minute and thirty4bur seconds East one hundred and ten feet to a pin; thence by PA Route 114 South twenty degrees twenty-nine minutes twenty seconds East one hundred fifty-one and sixty-five hundredths feet to the place of Beginning. CONTAINING 17,998 SQUARE FEET v Being Tax Parcel #42-30-2114-079 Being the some premises which Charles M. Fogarty and Jennifer A Fogarty conveyed to Charles M. Fogarty and Jennifer A Fogarty by deed lobed 3M=9 and recorded in Cumberland County Record Book 195 page 853, Tract No. 2. THIS CONVEYANCE IS BETWEEN HUSBAND AND WIFE AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX. TOGETHER with all and singular, the tenements, her+editements and appurtenances to the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; AND ALSO all the estate, right, titre, interest, property, claim and demand whatsoever, both in law and equity, of the said Parties of the First part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said Party of the Second Part, his heirs, executors and administrators, to and for the only proper use and behoof of the said Party of the Second Part, his heirs, exr3cxrtors and administrators forever. AND OF THE SAID Parties of the First Part, for them, their heirs, executors and administrators, do by these presents, covenant, grant and agree to and with the said Party of the Second Part, his heirs, executors and adminisMors, that they the said Parties of the First Part, and their heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned and intended so to be, with appurtenances, unto the sold Party of the Second Part, his heirs, executors and administrators, against the said Parties of the First Part and their heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the same Boost 252 PAGE3987 or any part thereof, by, from or under him, her, them or any of them, shall and will, by these presents, WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said Parties of the First Part, have hereunto set their hand and set the day and year first above written. Signed, Sealed and Delivered in the Presence of COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF lk-a s On this, the Z r day Of JulkT002, before me, a Notary Public, the undersigned officer, personally appeared J A. Fogarty also krtown as Fogarty, and Charles M. Fogarty also known as Charles Fogarty known to satisfactorily proven) to be the persons whose names are wAxwribed to instrument, and acknowledged that they executed the same for the contained. IN WITNESS WHEREOF, I hereunto set my hand and jQW4 tl ? NoNy PW* .- W 0=*W%:rAW?1Lffi&1 Al.,+e.,. a....::.. I hereby certify that the precise residence of the Grantee In the within Deed is: 617 Gutshall Road Boiling STn 9, PA :. LO be recor e In CUllibcrland County PA 17 7 Attorney TorGrantee M 252 FAGE3588 I." Recorder of Deeds (ea33 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN7I'Y, PENNSYLVANIA ( A R,LES M. FOGARTY Plaintiff CIVIL ACTION - LAW VS. SAMUEL CHAMBERLAIN, CHRISTIAN LEHNIER, JOSEPH BRICKER JR., J. 0. SAXTON$ MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER NO. 02-8149 CIVIL EGE, JOHN JOHNSON, JOSEPH THOMAS, CHARLES EDDY, HENRY MCCORMICK, JAMES MCCORMICK AND J. D. CAMERON, TRUSTEES OF THE JAMES MCCORMICK ESTATE, OAK GROVE LUMBER COMPANY, C. P. HUIMCH, DAVID DRIEST, JACOB DRIEST, JACOB BOWER, JOHN FAIMSTOCK, PETER HOFFMAN, A/X/A ; ACTION TO QUIET TITd - _> PETER HO FMAN, JOSEPH BOSLER, -moo ?; r J. HERMAN BOSLER, ALSO KNOWN AS J. H. BOSLER, and their heirs, cn z rn successors and assigns, cr -J -v G N Defendants o c v rn rn ? m r PRAECIPE FOR FINAL J UDGMENT TO THE PROTHONOTARY: Kindly enter on the Appearance Docket and on the Decree a notation that the Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, BOOK 256 pAcE2823 John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, C. P. Humrich, David driest, Jacob Griest, Jacob -Bewer-,Ja ahnestock,_P_eter pia an aJk/a Peter Huff'nnan, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler, and their heirs successors and assigns, failed to take the action directed in the last advertisement within the time therein limited. Kindly transmit to the Recorder of Deeds a certified copy of the Decree containing the notation above described, see affidavit of advertisement attached hereto, which is made a p*at'4ereof. Dated: April 15, 2003 4i+obert G. Radebach, Esquire Attorney for Plaintiff 912 North River Road Halifax, PA 17032 Attorney for Plaintiff Final Judgment is hereby entered in favor of Plaintiff and against Defendant pursuant to PA RCP Rule No. 1066 .achy, -.d?_le 1066.4. Date TRUE COPY ?:. ° in Test MY vaivr i1, I: uA?: i?aaa and the 504 ai sa9d G ''` ` ?` ?.. 256 w204 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENISTSYLVANIA. CHARLES M. FOGARTY Plaintiff SAMUEL CHAMBERLAIN, CHRISTIAN LEHMER, JOSEPH BRICKER JR., J. O. SAXTON, MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER EGE, JOHN JOHNSON, JOSEPH THOMAS, CHARLES EDDY, HENRY MCCORMICK, JAMES MCCORMICK AND J. D. CAMERON, TRUSTEES OF THE JAMES MCCORMICK ESTATE, OAK GROVE LUMBER COMPANY, C. P. HUMRICH, DAVID DRIEST, JACOB (WRIEST, JACOB BOWER, JOHN FAHNESTOCK, PETER HOFFMAN, A/S/A PETER HUFFMAN, JOSEPH BOSLER, J. HERMAN BOSLER, ALSO KNOWN AS J. H. BOSLER, and their heirs, successors and assigns, Defendants CIVIL ACTION - LAW NO. 02-5149 CIVIL ACTION TO QUIET TITLE QRDER FOR JUDGMENT p-?.? eti r •'•'I AND NOW this of 2000_-" --C ?.? presentation and consideration of the within Motion and at the ev C)st# o0)rn c? V Robert G. Radebach, Attorney for Plaintiff, it is hereby ORDERED an ? DECREED as follows: 1. That the Complaint to Quiet Title has been duly served upon the .booK 256 PA4825 Defendants above named by publication which service was completed on February S, 2003. 2. From and after the aforesaid date of service the said Defendants and their respective heirs, successors and assigns have neither appeared nor answered said Complaint. 3. Plaintiffs appears to be entitled to the relief requested in the Complaint filed in the above action. 4. It is hereby ordered and decreed that the Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. 0. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, C. P. Humrich, David driest, Jacob Griest, Jacob Bower, John Fahnestook, Peter Hoffman a/k/a Peter Huffman, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler, and their heirs successors and assigns be forever barred i?om asserting any right, lien, title or interest in the following premises. Tract No. 1: ALL that certain tract of Mountain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described according to a survey by Act 1 Consultants, Inc. on 8/30/2001 as follows: BEGINNING at pipe and stones; thence by lands of James A. Edris and Fred E. Bucher South twenty=one degrees Sfty-seven minutes nine seconds East eight hundred seventy-six and sixty-flve hundredths feet to stones; thence by lands now or late of George Peffer South twenty-two degrees fifty- seven minutes nine seconds East nine hundred eight and twenty-one hundredths feet to stones; BOOK 256 ?02826. thence by White Rock Acres North seventy-three degrees twenty-six minutes one second East two hundred twenty-nine and forty-five hundredths feet to pin and stones; thence by lands now or late of Anna Eberly North twenty-two degrees thirty minutes forty-three seconds West one thousand seven hundred sixty-four and forty-five hundredths feet to pin and stones; thence by lands of Charles and Wayne Myers South seventy-eight degrees thirty "" Mutes-West tw"uadr-@d airy A ai t 1 n A h» n cl_'Rdths feet t0 BEGINNING. Containing 9.425 acres by survey. TOGETHER with a right-of-way through land now or formerly of Cary W. Ahl; and subject to an agreement between C.W. Ahl, David Brandt and Christian Lehmer, dated December 1, 1853. Being designated as Cumberland County Tax Parcel #22-12-0348-073 Tract No. 2: ALL that certain tract of Mountain Land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at a pine stump; thence by lands of Ege, North forty-two and one half degrees West one hundred and two perches to stones; thence by same, North sixty-four and three fourth degrees East twenty-three perches to a pine; thence South forty-three and one half degrees East seventy-two and one half perches to a pine; thence by Jacob Bower, South thirty-three perches and eight tenths to the place of BEGINNING. CONTAINING 15 Acres more or less. Being designated as Cumberland County Tax Parcel # 40-15-0201-039 Try No, 3: ALL that certain tract of Mountain Land situate in the Township of Lower Frankford, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at stones at the foot of North Mountain; thence by lands of Griffle North twenty degrees West sixty-one perches more or less to a post on the line between Cumberland and Perry Counties; thence by lands of George B. Dum and along or near said County line Northeasterly various courses and distances three hundred and seven perches more or less to stones near crossing at Waggoners Gap Road; thence by lands of Harvey H. Cramer and J. W. Hoy South twenty-six degrees East fifty-two perches more or less to stones; thence by lands of Nailor, Waggoner, Shughart and others, South seventy-one degrees West three hundred and three perches more or less to stones, the place BOOK 256 PAGE2827 of BEGINNING. CONTAININQ 91 ACRES MORE OR LESS Being designated as Cumberland County Tax Parcel #14-04-0381-103 Tract No. 4: ALL that certain tract of Mountain Land situate in the Township of ¦ South Middleton, County of Cumberland and State of Pennsylvania near the -- oeVAQ6tiAM oerland,?da.ma a.nrl V?ltb4unded allci described as follows; BEGINNING at a pine tree in Ege's line and corner of Thomas Godfrey's heirs; thence by lands of said Godfrey's heirs, South sixty-eight degrees East, twenty- nine and forty-eight hundredths perches to a ground oak; thence by lands of John Fahnestock, South forty and nine tenths perches to a post; thence by said Ege land, North fifty-six and one half degrees West thirty- two and twenty-eight hundredths perches to stones; thence by same, North thirty-three and eight tenths perches to the place of BEGINNING. CONTAINING 6 Acres 67 Perches Being designated as Cumberland County Tax Parcel #40-15-0201-040 unless the said Defendants or their heirs, successors or assigns commence an action in Ejectment against the Plaintiffs for the premises above described, within 30 days after the publication of the Notice of this Order. 8. If the said Defendants fail to act as required by this Order within the prescribed period of time, then this Order shall become final and the Plaintiff shall be the Owner in fee simple of the herein-described premises free and clear of any and all right, title, interest, claim or demand of the said Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. 0. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, O.-P. Humrich, David Griest, Jacob Griest, Jacob Bower, John hou , PAGE Fahnestock, Peter Hoffman aWa Peter Huf roan, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler, and their heirs successors and assigns, and said Defendants shall be further barred from denying, impeaching or in any way attacking Plaintiffs title in and to the said premises. BY THE COURT; I Certify this to be recorded In Cumberland County PA Recorder of Deeds TRUE: RE) in TBStlrtwe wtte hay; and the :.,Pa• Prothonotary n? u.nrn? . •v? r.ru ?. m. ?__• u nnnn..ono? n.,.... ? s ?3003 e, ROBERT P. ZIEGLER RECORDER OF DEEDS CIJMDERI.AND COUNTY-PA 2004 OCT 22 RM 9 31 FEE SIMPLE DEED THIS INDENTURE, made the A day of October in the year of our Lord Two Thousand Four (2004). BETWEEN CHARLES M. FOGARTY, Single Man, of Boiling Springs, Cumberland County, Pennsylvania, Grantor, Party of the First Part, AND CHARLES M. FOGARTY, Single Man, of Boiling Springs, Cumberland County, ro -. Pennsylvania, Grantee, Party of the Second Part, WITNESSETH that the said Party of the First Part, for and in consideration of the sum of One and No1100 Dollars ($1.00), lawful money of the United States of America, well and truly paid by the said Party of the Second Part to the said Party of the First Part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, enfeoff, release, convey, and confirm unto the said Party of the Second Part, his heirs, executors and administrators. ALL that certain piece, parcel or tract of land, together with the improvements erected, situate in Lower Frankford Township, Cumberland County, Pennsylvania, described in accordance with a survey and plan thereof, prepared by Act 1 Consultants, Inc., dated May 19, 2004, and bearing drawing no. 04-082, a copy of which is attached hereto as Exhibit A, which. Is hereby made a part hereof, which premises are bounded and described as follows, to wit: BEGINNING at a concrete monument at line of lands of the National Audubon Society at line of lands now or formerly of Dennis E. Thomas; thence along lands of said Dennis E. Thomas, South 23 Degrees 24 Minutes 02 Seconds East, the distance of 736.15 feet.to a pipe found at line of lands now or formerly of Vnaldra A. Hockenbery; thence along same, and also along lands now or formerly of Robert Martin, South 75 Degrees 08 Minutes 52 Seconds West, the distance of. 583.65 feet to stones found at line nox 265 e.,'%'4302 - Ext rr of lands now or formerly of Marlyn J. Peters; thence along same, South 74 Degrees 21 Minutes 21 Seconds West, the distance of 1,327.51 feet to stones found at line of lands now or formerly of J. Michael Adler, thence along same, South 75 Degrees 11 Minutes 45 Seconds West, the distance of 617.72 feet to stones at line of lands now or formed;y of Joseph J. Koppen, Jr.; thence along same, South 72 Degrees 52 Minutes 19 Seconds West, the distance of 462.97 feet to stones at line of lands of Jeffrey A. Nailor; - thencen 1 same?euth-74-Regress-f2 Minutes-l9-Seconds-West; the distance of - 638.82 feet to stones at other lands of Jeffrey A. Nailor; thence along same, South 70 Degrees 08 Minutes 29 Seconds West, the distance of 602.37 feet to stones found at line of lands now or formerly of Galen J. Westbrook; thence along same and also along lands now or formerly of Edward H. King, South 78 Degrees 50 Minutes 24 Seconds West, the distance of 922.65 feet to stones at line of lands now or formerly of Michael S. Farling; thence along same, North 20 Degrees 00 Minutes 00 Seconds West, the distance of 879.41 feet to stones on the Cumberland County / Perry County line at line of lands now or formerly of Florence W. Erdman Trustees; thence along same, North 80 Degrees 57 Minutes 51 Seconds East, the distance of 890.53 feet to a concrete monument and stones; thence continuing along same, North 67 Degrees 15 Minutes 51 Seconds East, the distance of 2,216.47 feet to a concrete monument and stones; thence continuing along same, North 85 Degrees 49 Minutes 39 Seconds East, the distance of 1,098.15 feet to a concrete monument and stones; thence along same, North 78 Degrees 24 Minutes 19 Seconds East, the distance of 740.42 feet to stones at line of lands now or formerly of A.T.&T. ; thence along same, North 67 Degrees 38 Minutes 30 Seconds East, the distance of 208.70 feet to -a point in the bed of the old highway crossing Blue Mountain and at line of lands now or formerly of the National Audubon Society; thence along same, South 22 Degrees 21 Minutes 30 Seconds East, the distance of 104.35 feet to the concrete monument at the point and place of BEGINNING Containing 107.0518 Aww-"of Woodland. Being designated as Cumberland County Tax Parcel #14-04-0381-103. BEING the same premises which Charles M. Fogarty and Jennifer A. Fogarty by deed dated July 21, 2002, and recorded in Cumberland County Deed Book 252, Page 3981, granted and conveyed unto Charles M. Fogarty. SEE ALSO Final Order for Judgment in an Action To Quiet Title docketed to No. 02- 5149 CIVIL TERM, In the Court of Common Pleas of Cumberland County, Pennsylvania, entered on April 15, 2003. TOG ETHER with all and singular, the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said Party of the First Part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said Party of the Second Part, his heirs, executors and D001(65 PaVr+?Q,? administrators, to and for the only proper use and behoof of the said Party of the Second Part, his heirs, executors and administrators forever, AND THE SAID Party of the First Part, for himself, his heirs, executors and administrators, do by these presents, covenant, grant and agree to and with the said Party of the Second Part, his heirs, executors and administrators, that he the said Party of the First Part, and his heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned and intended so to be, with appurtenances, unto the said-Party-of-ther-Second- Part, -his-heirs; executors--and administrators, ageM-the said . Party of the First Part and his heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, by these presents, WARRANT AND FOREVER DEFEND. IS D A901SFja EXAMpr AS 4 0??-gP FRoM 5A M0 PARrrr?sM??eL ?°ae ?T-14 ry To P????psutf IN WITNESS HEREOF, the said 221F et his hanand seal the day and year first above wrtness: (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this, the day of October, 2004, before me, a Notary Public, the undersigned officer, personally appeared Charles M. Fogarty, known to me (or satisfactorily proven) to be the persons whose name is subscribed to the within Instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL K& JOANNE M. UM, Not" Pub0c n Hsmex Township, Dwphln CtWnty y C Ortx"N'd0?' bpM 0 e' Notary Public T6 I hereby certify that the precise residence of the Grantee In the within Deed Is: 617 Gutshall Road Boiling Springs,.W I Certify this to be recorded In Cumberland County pA ? . 14-44;r- V a '- Recorder of Deeds Attorney for Bou 265 PAcc4304 _ ??? ? „? : ? alp, • ;TG y DODERT F. ZIEGLER ??? ¦ REODFDER OF DEEDS M f (? -• CUk1E11JRD'000RTT-FA L Q {¢1SD r '1 M 151 22 BM 9 31 t t 1 .p ; -- --- 1 i L , )Vii rb %3 A .w I ? t o ` Q a E? ? ? ?? , 1. 1A tit tr, Cob Ah41n M 3 - d Dye ?t -77 mom 01 $K _ 1 3 PG .X: T77 L .54 i?c This Died Parcel No. Made the Ztay of reeromR , in the year Two Thousand Eight (2008) between The CENTRAL PENNSYLVANIA CONSERVANCY, a Reennsylvania non-profit corporation, (hereinafter called the Grantor). AND The CENTRAL PENNSYLVANIA CONSERVANCY, a Pennsylvania non-profit corporation (hereinafter called the Grantee); WITNESSETH, That In consideration of ONE ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor(s) do(es) hereby grant and convey to the said Grantee(s), ALL THAT CERTAIN piece, parcel or tract of land, together with the improvements erected, situate in Lower Frankford Township, Cumberland County, Pennsylvania, described in accordance with a survey and plan thereof, prepared by Act 1 Consultants, Inc., dated May 19, 2004, and bearing drawing No. 04-082, a copy of which is recorded in Cumberland County R/W Plan Book 13, page 67, which premises are bounded and described as follows, to wit: BEGINNING at a concrete monument at line of lands of the National Audubon Society at line of lands now or formerly of Dennis E. Thomas; thence along lands of said Dennis E. Thomas, South 23 degrees 24 minutes 02 seconds East, the distance of 736.15 feet to a pipe found at line of lands now or formerly of Vnalda A. Hockenberry; thence along same, and also along lands now or formerly of Robert Martin, South 75 degrees 08 minutes 52 seconds West, the distance of 583.65 feet to stones found at line of lands now or formerly of Marlyn J. Peters; thence along same, South 74 degrees 21 minutes 21 seconds West, the distance of 1,327.51 feet to stones found at line of lands now or formerly of J. Michael Adler; thence along same, South 75 degrees 11 minutes 45 seconds West, the distance of 612.72 feet to stones at line of lands now or formerly of Joseph J. Koppen, Jr.; thence along same, South 72 degrees 52 minutes 19 seconds West, the distance of 462.97 feet to stones at line of lands of Jeffrey A. Nailor, thence along same, South 74 degrees 12 minutes 19 seconds West, the distance of 638.82 feet to stones at other lands of Jeffrey A. Nailor, thence along same, South 70 degrees 08 minutes 29 seconds West, the distance of 602.37 feet to stones found at line of lands now or formerly of Galen J. Westbrook; thence along same and also along lands now or formerly of Edward H. IGng, South 78 degrees 50 minutes 24 seconds West, the distance of 922.65 feet to stones at line of lands now or formerly of Michael S. Farling; thence along same, North 20 degrees 00 minutes 00 seconds West, the distance of 879.41 feet to stones on the Cumberland County/Perry County line at line of lands now or formerly of Florence W. Erdman Trustees; thence along same, North 80 degrees 57 minutes 51 seconds East, the distance of 890.53 feet to a concrete monument and stones; thence continuing along same, North 67 degrees 15 minutes 51 seconds East, the distance of 2,216.47 feet to a concrete monument and stones; thence continuing along -EXHIBIT same, North 85 degrees 49 minutes 39 seconds East, the distance of 1,098.15 feet to a concrete monument and stones; thence along same, North 78 degrees 24 minutes 19 seconds East, the distance of 740.42 feet to stones at line of lands now or formerly of AT&T; thence along same, North 67 degrees 15 minutes 51 seconds East, the distance of 2,216.47 feet to a concrete monument and stones; thence continuing along same, North 85 degrees 49 minutes 39 seconds East, the distance of 1,098.15 feet to a concrete monument and stones; thence along same, North 78 degrees 24 minutes 19 seconds East, the distance of 740.42 feet to stones at line of lands now or formerly of AT&T; thence along same, North 67 degrees 38 minutes 30 seconds East, the distance of 208.70 feet to a point in the bed of the old highway crossing Blue Mountain and at line of lands now or formerly of the National Audubon Society; thence along same, South 22 degrees 21 minutes 30 seconds East, the distance of 104.35 feet to the concrete monument at the point and place of BEGINNING. CONTAINING 107.0518 acres of woodland. BEING designated as Cumberland County Tax Parcel #14-04-0381-107. BEING THE SAME PREMISES WHICH Charles M. Fogarty, by deed dated December 28, 2007 and recorded in Cumberland County to Instrument #200747736, granted and conveyed unto the Central Pennsylvania Conservancy. THIS PROPERTY, OR INTEREST IN PROPERTY, WAS EITHER ACQUIRED WITH, OR DONATED AS A MATCH FOR, FUNDS PROVIDED BY THE PENNSYLVANIA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES CDEPARTMENTI UNDER THE KEYSTONE RECREATION PARK AND CONSERVATION FUND ACT, ACT OF JULY 2,1993,P.L.359, NO. 50 CACTI. THIS PROPERTY, OR ANY PORTION OF IT, MAY NOT BE CONVERTED TO PURPOSES OTHER THAN THOSE AUTHORIZED UNDER THE ACT FOR PROPERTY ACQUIRED WITH DEPARTMENT FUNDS. NO CHANGE OF USE AND NO TRANSFER OF OWNERSHIP, CONTROL, OR INTEREST IN THIS PROPERTY MAY OCCUR WITHOUT THE WRITTEN CONSENT OF THE DEPARMTENT OR ITS SUCCESSOR. THIS RESTRICTION HAS THE EFFECT OF A COVENANT RUNNING IN PERPETUITY WITH THE LAND AND IS BINDING UPON THE OWNER(S), SUCCESSORS AND ASSIGNS. THIS RESTRICTION IS ENFOCEABLE BY THE DEPARTMENT AND ITS SUCCESSORS. TOGETHER with all and singular, the tenements, hereditaments and appurtenances is the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and also all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party(ies) of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said party(ies) of the second part, hislherftheir heirs and assigns, to and for the only proper use and behoff of the said party(jes) of the second part, hislhedtheir heirs and assigns forever. AND the said party(ies) of the first part, for himsefterselflthemselves, his/herAheir heirs, executors and administrators, do(es) by these presents, covenant, grant and agree to and with the said party(ies) of the second part, his/her/their heirs and assigns, that he/sheAhey, the said party(ies) of the first part, his/her/their heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned, and intended so to be, with appurtenances, unto the said party(ies) of the second part, his/herltheir heirs and assigns, against the said party(ies) of the first part and his/hedtheir heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, by, from, or under them, or any of them, shall and will by these presents, warrant and forever defend. IN WITNESS WHEREOF, the said Grantor(s) hasthave hereunto set hismerAheir hand(s) and seal(s) the day and year first above written. AND the said Grantor(s) hereby covenant(s) and agree(s) that it will warrant specially the property hereby conveyed. CENTRAL PENNSYLVANIA CONSERVANCY BY: STATE OF Aso' ) :SS COUNTY OF On this, the day of undersigned officer, personally appeared 2008, before me, a Notary Public, the ?'I c T'- E-D53"1z0 /\1 who acknowledged himself/herself to be the PR Ss I PEni7- of the Central Pennsylvania Conservancy and that he/she as such Officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Central Pennsylvania Conservancy as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. WITNESS my hand and notarial seal the day and year aforesaid: MML4 SEAL Notary P lic MAWMIE A DELUCA Notary Public (SEAL) 111001!Y10Ot#11CHWI RCIOWMArDt?01IWlY MY. CO"WA lOn IXPIMet Nov 4, 2011 I hereby certify that the precise residence of the Grantee in the within Deed is Attorney for Grantee REV-183 EX {696) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 290600 HARRISBURG, PA 171294603 REALTY TRANSFER TAX STATEMENT OF VALUE USE ONLY See Reverse for Instructions IYam I%OCMGO ?)L- - -1-7 - Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not sot forth in the deed, (2) when the deed is without consideration, or by gift, or, (3) a tax exemption is claimed. A Statement of Value is not required 4 the transfer is wholly exempt from tax based on- (1) Family relationship or (2) public utility easement. IF more space is needed, attach additional sheet(s). A CORRESPONDENT - All inquiries may be directed to the following person: Name Telephone Number: Area Code ( 717. ) 233-1000 Street Address City State lip Code 4 ^] n n.-?-? nL CJ.L rT7 TT??.?d .L._-?. r1A A "1A n7 S TRANSFER .DATA v Date of Acceptance Dacument Grontor(s)lLessor(s) Grantee sl essee(s Central PA Conservancy Central PA Conservancy Street A reu Street Address 4750 Lindle Road 4750 Lindle Road City Store Zip Coe City State Zip Code Harrisburg PA 17111 Harrisburg PA 17111 C. PROPERTY LOCATION land onWaggoners Gap Road erland I Big Spring Lower Frankford Township 14-04-0381-107 D VALUATION DATA 2. Check Appropriate Box Below for Exemption Claimed ? Will or intestate succession (Nome OeadenQ (Estate File Number) ? Transfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agencylstraw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corroded or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) Q Ctther (Please explain exemption claimed, if other than listed above.) Adding Dept. of Conservation & Natural Resources language - Transfer of non-profit conservancy -- to itself Under penables of law, I declare that I have examined this Statement, including accompanying information, and to the best of my knowledge and belief, it is true, correct and complete. Signature Correspondent or Responsible Party DAM/ ?,j o M A- R1(: Boss uN ?! ft b, FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN TH E RECORDER'S REFUSAI TO RECORD THE DEED. E EXEMPTION DATA 1 a. Amount o Exemption Claimed i b. Percentage o Interest Conveyed ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200805626 Recorded On 2/27/2008 At 11:07:18 AM * Total Pages - 6 * Instrument Type - DEED Invoice Number - 15120 User ID - KW * Grantor - CENTRAL PENNSYLVANIA CONSERVANCY * Grantee - CENTRAL PENNSYLVANIA CONSERVANCY * Customer - SKARLATOS &ZONARICH * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 BIG SPRING SCHOOL $0.00 DISTRICT LOWER FRANRFORD TOWNSHIP $0.00 TOTAL PAID $39.50 I Certify this to be recorded in Cumberland County PA ctr RECORDER OF DEEDS Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1171111111?IUIIIB RMT awl. 12d"16 ft i MADE THE ;ZG day 'of March in the year i of our Lord one Ummand nuns Awdred seventy-four (1974) I ?p BETWEEN JAMES R. SCOTT and HELEN I. SCOTT, his wife, of Carlisle, lUJ?? Cumberland County, Pennsylvania, j 1 t Grantor s, i . =W TIM W. SPAHR, of R. D. 3, Carlisle, Cumberland County, Pennsylvania, DENNIS C. GROSS, of R. D. 5, Carlisle, Cumberland County, Pennsylvania, and ERNEST.M?CRAMRR, of R. D.. 1, Shermanadale, Perry ? County, Pennsylvania: as tenants in common Grestess WITNESSETH, that in eonskUratwn of Five Thousand and no/100----------- f: i ------------------ ---------05,000.00)------ ------..---------- Dom, in hand paid, the rscetpt whereof is A vby adwow1mk4 As Bald p ewtors do ka eby p wd and convey to the said grantees , their heirs and assigns, ALL that certain tract or piece of land situated in Frankford Township, Cumberland County, Pennsylvania, bounded and described as L follows, to wit. BEGINNING at stones a corner of line between Cumberland and Perry Counties, of land now or formerly of Samuel A. Shambaugh; thence by said land of said Shambaugh, South 19 degrees East 65 perches to stones a corner of lands now Or formerly of B. Nickey and others; thence by same North 68 3/4 degrees East 173 perches to a fallen black oak, corner of lands now or formerly of Andrew Barridk; thence-.-by said Barrick and others, North 71 3/4 degrees East 62.7 perches-to stones, a corner of land now or formerly of C. P. Humrich; thence by said Hutmrieh, North 20 degrees West 61 perches, more or less, to a post-on line between Cumber land and Perry Counties; thence by said county line in a Southwesterly direction, the several courses and distances estimated as 235 perches, more or less, to stones, a corner on said line, the Place of BEGINNING.. CONTAINING 91 acres and 7 perches, more or less. .. BEING the same tract which Helen Swans Bissell, widow, by her Deed dated the 5th day of August, 1963, and recorded in the Office of- the Recorder of Deeds in.and.for•Cumberland County, Pennsylvania, in Deed Book "X", Vol.. 20, Page 1086, granted and eonveye4 to James R. Scott, one of the Grantors herein; and being the same tract of land Bb rnGc 96$ EXHIBIT nr/loronno A•9Li•d? PEA CUMBERLAND COUN Inst.# 197400850- Page 1 of 3 1 1 1. which J. Boyd Landis, surviving executor of the estate of E.'M. Biddle, Jr., by quit-claim Deed dated the lot day of August, 1963, and recorded in the Office of the Recorder of 'Deeds in and for Cumberland County, Pennsylvania, in Deed Book "X", Vol. 20, Page 1089, did release and quit-claim to the- said James R. Scott, one of the Grantors herein, i ^itR O OQ Off- C . . x 05/19/2009 4:16:45 PM CUMBERLAND COUNTY Inst.# 197400850 - Paqe 2 of 3 i AND the said grantors hereby ooveaatt and agree that they low wa"Wa specially the property hereby conveyed. rw..tQe .f .... 3 Cumb Soh Cvmb, .4. ? Co., Pa. o., Pe. : o C ; *W Ed.f. T.n.fer 3?r f x 41.I Eo-f. T?..,4r. T.. Ant: .b AiM..R?`S ::J ^t1.`?r•••: :. •;;'.?;.a; cr.1i: . ow. cd. - . oti' a.f. c. "9S • . F;3- • .' , ? •???, ?s• IN WITNESS WHRRROF, said.grantors have hereunto set wAip-hand s and seals the day and low first above written. / f + , . Mod. #811* go leftab A R.- SCOTT b ep page= of BSA s - HE I. SCOTT State of PENNSYLVANIA es. County o/ CUMBERLAND J - On this, the A(?^ . day of .. , 74 , before me, March ig the undersigned oBloor, personaiiy appeared James R. Scott and Helen I. Scott, his wife, known to to (or satisfactorily proven) to be the person s whose tams are eubsoribed to the ,a" 6whu w w4 and adpwwkdged that they executed same for as purpoeds•thlera?ff., :t? e • IN WITNESS WIIRRROF, I hereunto set m ek , a s Tide of Otp?..i rr . nn I do hereby certify that precfss restdenoe std oompiete? /t p ?ww addee" of the fcithiri Nemed gnsttees ii C/o /ht SPei l ?D 7F. C 9 /Tot3 March _?,... Zw" 10 74 Zi2wIN g TRA41Q, Attorney for. argntees (Ai-f, n5H9/9004 4.16:45 PM CUMBERLAND COUNTY Inst.# 197400850 - Page 3 of 3 vMw?wAw..?..t.tn,.tae?ui7.wc - ` -'• Lad radr.4t I" 4W7DN- Cfaan aM drat PA b.p.,m,st.f Ag"t- P-AA042 CUMBERLAND COUNTY, PENNSYLVANIA Aar que.uaes eyardlog the paper asapladsh of Oda appdaaltea an to be dhwate4 b the CaebeAaa4 Caaaty Aw-awasoat *ol-by saris( tY17)140A44t. 1. Y'M. appbollm mtaa be mmpbled and aawtaad by a,l aewsra of the ptopary rr shah appllwtkn k bde g seeds. W-Ad the Pralm"Y be ISM In the wa d a wwpen.llm the application must he ssemttA by on uxieth tM edtwlsed by -pw k raaalulkn Wtom BIWAdthep'apwtlba YWdado.dayatbrthanaasrparl1 dw.ppYeMwwrrowelMe.sm Wby.rtedtvahtdduly atahalssd a aM .a balwlf ddrl w,lly. A ae{r dtM approprk4 eaeparwe reaaA,llwt r aWlweiu don -1 b, st,AA a W Ihla apdtssdon. 1. All Nowhow an We apPhaltan must be nMarbod. Tab applkWm mq he W4 in preen r by m.M wind the C mhmami Cmmty Awesew, of COs. 7b. o0a addraa la: 01 rbtwdteuaa. F&W Plow. Om Cm,rdwur $*-. C. JWe. Rnaylm.W I7o IS. 1. Ad 919 4f,W4was mundad by Act l0ipr?reee0?01+.?1.d requires IMINM -am M PSCUM by tWAre..I" dale an r N.aPUa . In a year t. yen meloWy a ? ?4 re ta. y+r awbt, r or ¦ w d a aowdled nd tR. a pt U. katton In ileer idwn a "WR autyhnplsaher • dW SO d4ar6*el daadWw aW be ettantdd to Utita aps al.r dte WW ard.r afiM awaty Eyed dAS.wmewa,l Appsse, r b oAetar It ddt..ama yen. wMal as dab is same. 7Ab deadline is appYwhle npwdlow otwhNwr Judi"raaaw d the std. M wa,lbt. 4. A ana•wma apphatkn and roar&j in or t. must be remtled wtlh do apphestlon. Per" to 5. Udw latdew u r tderyaa the was to on trw jo* tae, the rat-bock tw phn as pnxot sear M Iaempaw" ar.nwlly) rdli be .hated adionat#4 pada/dtwd. MdWW In the oppd.WMh landawnra wbo requrt erpadat of thee, kM we be drW.d tltaYtole for Ust Yebe.reeanmtwtat atwMt a all* map Yw"dw YeMwrt.d bmuWuko d the pepaed bd lele rod. S. QuMldnlam 4 erael' - dyer pow ly btw the Chm awd Qnaatpnknn W Yusnerwa p o raa is danamtrwd uy mowtl the ntbd?imrn ?nquiwasou atahWhd for wr ws of Wtss lad yr alapla4 lha, ArlMAral Rama. or Prato ArAerle. TIN spec le Aoft regttwwaw4- ate described in Ow Cumbulm:d Cetwtty Claait arm Q.m be" %wero ttdar IM clam aid Great Acmes Th. plttpmU4dabtalaad by0e aotrwy. AlS pudrrm,p rdtrds AtMWIitCD. You inay attach aepamte .*wwtary dtada altmdd you foal your napuws ragwn. addlttwal Gera!. 77 Ilon *wWRa W& Me unlpeat alwWw& datd.pad jbr vow UAWatxd mtwd appltwllwa bU Ow Qrt *&p Uh, f fhgwtetanrq/Aprladhae•,A.mMtMZ Par ??uetrtra.m.u..ratreAtd,S6q/ItWtwlWsUrptautwMd Addwil w's Aube andAaptdd we Ymt stay ablam dwa deaaaerd. Gee the Dapwfnwd ofAtkdltaa. Popery MuMatlon Namber MWbict. map. and p.netll 1 w._..r rttt??'fx L Dar-TMaphmm 11" W 1 I Law Haow(kAwl !.rally ropmeentatival Fleet lOtWl Home Ttephom Last Noata Wellrlduel or entity represents Wal First ,ndk, L owl lbr wlar5 a me&isowmdb Vl: ba rr p CAAq,fA M /fi y x o , n rn ti ? Wt"amprmkldualor entitympteacnta"vel First btlWl 1"41.1041 e IV O paribenhl x - ,,,) e. p p Corporstlat O = I •, Law Nato dttdWuW or entity mpm w nWlval nrat InllYl O Institution p Cooperelive V G C " 3 p Cllwea Imrplalnl 't , Entity: padnenhlp. corporation. I stlluUm. d.oponLWL or athw ra.-,. app,kabkl --1 nti t r 70- I_., C., -c o I N Melling Mcf.eas - Street ' , o . ' .._._. t.I II, Ms ttt Add M - City. St4t& ZIP _ ' UUOIf +kH'Q tux I t I: f LwaUon Address - Strwt. City. Town/Balfiu& _ . County ??Brt.wo:.Wtdrl.._ ._. . at n i 4 sv !.1 IhARFRI ANn rot1NTY Inst.# 200032902 - Page 1 of 2 1. Wt the bbl ahhabw of rhea Mp-n d w this appaaalan of tahwal. 7. la the land amorestb• rO.aed end. Ad 131(1"0 r.L Its& 11a. SIIHIG M4 11941 a ~ -Y. J-CN. s. to the Low in Oft appheorlanbess l for whumak I _ Yes x• No a. Unde-Mc h eebpey"you Wed to eppb Ihhdt as that MpptyN _Agdo Agr •nL h N es ? a in Mtt/w aenrrWrbaetw l thw oriel ernldhw paa0lYd of O r 0 read db.d to osr r awe b eW r W aattdpetdyrey r.r.Mwhaotd peedrsuea tewehe dalead da000J AgleaaeW aeaeevM and YhN Isepas epOea lead. 4 rder bM 011'. the land anwt M d bed 10 aealpwa aClr 4 area hhr• somaKWAW haeatYa"a btax ptthlla far colder rrsrW rMp, aid. bade rmla r-IWW bulgy. 'Me 0w Ray na dhaye br INte ROOM IN Ida r hr tegwW rases asset" aaaa that Is Ieaa.Oy dedd WO Ore such 1Ml the bad A eepMNledpeadudq aad au Wrist h at aa Bubb fad per .n», ad Wa lad is erhalU er1p1W d 10 rwwr• Gorr, Of awe M.a •Ip MOOR is w rdbMud tm of land soalgasu, la w sagbb ttad 4h A to areas r haw L. air. rill Siam am to whdtgwr err. Is s.4 as . A-redw hhaA ah"-bad that b Is RplydNhral grad has ohaaaaaawRr rube hex eaodYy L Ifyou here dwnhusNdlw wppoeNy us "a rMember "m*wh r aamarvaWw plan a• fors"lhhmasomm plan. pbaeea W* hopes d Ihle hl(111aAUm wahpar MMhYM• Tbb b ta4l•Mwelnr. arRMINMeara Me1tieaYlNlgM appOcetlan. L hr ahry edhOtlaad bad yw wa hhhbh wbnl ti e0rdsle M uaa•ve?u .aaror.R6 ?ut 4 ethldh yea dM W lateed 4 apply.lW ahawnt d aenept. . T. Hr is Wd taptremal on this eppllrtles baan Malady draad is yW10uM1 or Its lM two Nne 0 yard _Ye Ib A.Waad we IN hle0nd tl'bld wWn b aced k the phupae dpudrsiegw eghlmdtW aeahard(br r bdwad 4 and err4 b r"W"mrdaad*00mrra tar psyarabrstwrlgOr.uoap ratiaataesed Meemrtba, 0 nhldar Mpar"manvAlhw dOr PedrMt WMla01%dWbbb hid mltlbe fkaasuf' TM appb---t br u-I- MeeasftuM hmebY R(rw. U the appllesten b appewad far are•valm rMeesaanl. to ehdnnlt 30 dap wtUen notice to the Com W Addrar d a peep wed anvils in use of the land a.hang In omleohlp of any portion of the 4nhi arri type of dlvbbn or convelt mm of the Wtd, or aomernaemmt of rthed eMmherabl Mats of agrtooauntlyr*I tad preducta A d aetlv0be M the WrOW lard. The appatadt ON wwalue eeeeMwleat atdttmwbdpe UmL If the appilwlba M ¦pprowal Nhr ur- value aaseRement. It will runs% Inflect toaWemYalip Will the land ewer chansas the we Mme dte•apptaved ca wpo r until an Ineligible apfll or sepatalbn eeLVra. At that it=. a N*4m Y tax phea Interest (M.S. 65490,54 sl all be paid for a pmiad not to exceed seven 171 years. All wners o (record must Wife this appllaathm In the presence or • ndaq. Vw wdmkmd dedres 9W /W appUoatleM1 Owita lrq all aamnpowi q sdw des ad siobnaenla. hus boar amu"wvf by Ihae rdlofldbrat O(Wp.MwdedprwWbdW&In ddowm i, O-L- 7000 Slpwture Ondlvldua1 Data '.7000 /0-6 lelAg? Owner atph.lars Iadw wURO Data r ket.Q? c/( WrA'O'& 0wruhr Signature IlndlvlduO Omer alph.tum iEWlyt patbera . ;•I:li:. of Pennsylvania of Cumboriand oriand County, Vol--- Pal COMMONW&WTN Or PXN1O%VAHtA: e???v-?^-• i---/ G .COUNfrOFCUMDtrnuwD -%OOK 3? hACE i g On this. the ay or 19r'2 3or?e bream ma, a Na4ty public, the Appear , JI'y1 SPflKlcr nfAwp1g 6+rAItf 1'*'ll?G/E GCfY?7E Ow perwn whose name is sworn and sub IN WT NWS WI1ER90r. 1 hew bereuttu Naorp: Picase atlaah addllluead chew. if oveded. 0 A G Imovm to am I" satisfactorily prwnnl to be oposes thirept wntalnaL nt-hnnrnnnn n.n A.C7 O0A t-:I IhARFRi Amn mi mrw Inst.# 200032902 - Paae 2 of 2 `..^ ???; ` ? a1 ', , , A r// (! l!«!`iI? ?JC 7?¢7 L? -,f G?// ;3 °. 2 z .LZlstt% ?O '?yJ//y/? /? p «,? 2 Duo ?.. Zee- ??a r?y4?r,;,,??. '4'Y f.?ti•r.?l?L+r?G, tiv? ?//"/? o /G/ o LL?'a-d?su!I?i ?t3,sc;; ls?x r :V?,1 ?vy`r?'? . ? '??? ?li1G "???iiGer'?+r?'?tia'"??.- 6?'scId! _?? L ''mow ?i,tC''a?ri ?' ;??v ' ''t.?" ,?. C ti'.,'+ I i GLS! . ??!„G? ?Gi-c G?GGs.., 12.i %l?1G r cyps? l/Q ??,1? MG??`d '3Aal,.. y'rd:/I!i`.. /70? 'W/ f//?f ,?VW" .' \ ?/N y !/LC e ib f-`/?lY? .. A*/ ee Y /??/,j/?j? ??-i? V'-? j. :?'?i...?? ;, L?U.. G?%fUGr?-Pisa?.o?JGY GC! 4.-YzG. ??' /ih,c ???i`'l.Y..?Gl?a-?'•?'r '?? x ?y ?•:?5.? -?. ?Izzit`;•'?0--?-C?ivi Rl? CLs... a.Gllcc sL??o?_.?-./? ?? GAS-?.av:?%??l?vwcG+-?el?t-ade,?d ? fa=-??. ? J•„?? ? it Ft ?/ .7 u!?rrse?tfe;7, ?r,di G'?t+G? ?y i?-, G?f" e }il? ? -a. "?,,a ' dZl1-??,Ji?r?a'._•-?0!lil?Z61A?'/;LC(:;?t??lG .___._,?Ct?-??vrf L?;t D?'zt!'.-C/?J £ - !' f?, ?'????Pir_6V ,Gl .-,d p??(GI.C lr..'?z4://2lA/JrrC/?`.O.Ld-/?G????l+?t?i?t',J2GU?/_.-.'? r 6t4 //2L7/!/iyyr/ir/ % - ??T ?E s G{ll c C, a , /)/.Cj ?-GC.. fi •Y ,r Fy"t? ? ?? '>"`?,u?4?L'y!?<w,lx GG?'L!? -(l ?AC;?,Q • ?' B , ??` ?-- '??-, $ - fi? '??/I'fa,%c?c?eedG? .?1a-mod ob•?l.?i?? r??ou???r pP?Zyznzv?e? reel ?.. '?"'y?4.?;,?" ? .?, f/fu.,??••?vzu?,???d??o ac?-and ci'e?d? 1? ,. o ,r ?.:' ' / , ?Dh' ?2GL/i' fiLJJO-CO 2!ic[. -?pt'611 ('Pi? C ?G! a" el92 ZO Q QC%PQ i I (l7yL >l v! s-I _ o. %YD ! 14 ' lJ G ^Q r' µ C ~ - ??_ ? >v ?VOT.?V?Z? a. ?pl!/?yf?i%J-LQ?rLd/-?rJ7,t?yi?? y , llr2A?T 7444, o`v, ??iyuyiJ! ?._ r ??- '--?a.?' ? `5 ?1.GILC,i-dP?tiZ/ctu/ UNily. /?{/./?t4??i/?7? '!/?•? U?/%/= `?/`..? J" ?.- ?? iQl-zpl?:%!lU'LL?,C.GI ?i2lri?--OOY?G? Lll..GQ?I-O? ,?y.'(N• LLB-r1G//< _.? .. - ?4?LLCG?7.0• ??Ci1il?! ?? ,9??=?(/! G!>%zl:I?U-Fw7/.?L//??EIJ.•,?l9.1., o - / ?lCs[?/C?. EXHIBIT 2l2t tit- ?? z??1„z v .a 434 i i e" w4 416 gy?"?oYyt oC ?lr aL a 9 ?? Gar a? c a?/1.u j i ? YI/?i2Yu2G - G? ?%??2Lt2 v C ? 2 i 1?:u?al G2,vh? ?, IA17 ,,t4 4-f llAl Irl IlItW4-n?W 12,1C -day aleLd A /? ? ?/mow L. P-) - / .lOry?iY?y ? ,?D?vvrn??OrY1 G? Grp e .!G'sr.?•. ?? /? °/? 9? ??liy!/rP???7 r ?i ? i? /1 GfiL G? /7li%L?? ??? v??" 04 Ll/1 G ?. ? ?L ' Ci!/y yliyJW?' , GYM G(. ?2?EG?G DCp 2G?I?liL ; EXHIBR L..V q(95 I ?,?vuil.Guu y , .??GLG? Gr2c ? G?2 G?y G/L G???ti? :. ?,ly?iy?/???? ?,?? G2 Gz?vnl/t. an. ,?? /???!?? .?i/?r???avn y ?iytG, ?-?ivr•??/ ?Da??2?L a %?,? o?1C c"mvt: al;"u C, i9 u, 2, ? ?5 onryr? !;?G GC. ?%.vr`vL 6?YL. SYN.( ??i?'? ?p.2?G9;??i?f?ii GvY! y 4liYlGC C/ Q C ?vnlic. !/12 2 ?t y. ? .?c. ? c.(.__ ? •?????z?-m-r? • .? ?r?t u??.?r? ?j mil/ a? ? J ? ??2 in?u.. ? .liL? .1?/f- l/?/fir,K? ?ti?•N??.vu y ?a.?a?-?` .?? !/// /oo a? 17,4f Gin ,,,/ aov24?y 41u 17 0'4 irrL ?.ccGL z'J? .az?rc.L ; j i%?%n?. G?-yz ot.. ?2 r??'-" ?yy? ?' ? .GV?y `,G???nGC®/> ? c?2??u? • Gr?,,,?i( Er iev ae& G?/!'1 pr G Gl?/l y /!/vf? i(/N/[ , .t /Y1 C ?l I?YY! l/? !6G?i ; < ?/I/?2G /? a-4 y h a%? Ell c G?iYl? ?2 Pl y,?u ?Gy , ??2?1i - a4l d fu 9 Katy /,l9iYt .%C!/L • ////Y19/t_ ??/nnn .n - .onus. ..? ??:.,?. n ? ? /0 .-, .. ?.( _ // ?-' ??.C cwu y; ? -d . ? ?u -dam ,? ? a??i•c...?'?z?! x? u ; ?? a.?-L L%?'?LLtG?o?CG? G? 0?'1? u<y w ? ? 041L llrw or i i? a ?/Y /u d? ?u ?.c?t c.S iyr? G?no.Cp /??- 2g-tri Lo??y /4 a,"V GJ OZ• ,?i2 ?? ?-,`,,/? 'y``_ ? 'G'?`?` ?'lavY- a c?i'G??`?`d?`_? ?. ?rrv?? min - ?x'r?v??YU ,l -,? ??C. Gv?id ,C?? `???C. GL? ? ? ?CC?. , .G'n? ??i? /?„z?v ?Cyndi uz 2u Gi-Yr?C ,? -izy Gt?x?Ca ?,. on? ? /y!/?/vGV ? ? jy[ G?/ i?t?l/LC GG G? ?/1 ?/ G7?VY ?f/YL C.L, /L?Z//7fi?ZN?G even 6f 4 C dL C•!//hL elk- .: ,ft If /a 0, ? ?lo. .?d.'lY. ? l/!?2 /L? l/!2G i?G%? 2?1?G,.;?Zi1?J'L( ?G??/dL4? Ant 4 A41, G A?a ??liGU2e l2 ?.?cc? ?2 aclGrd ?h?2 1119V FORM No. 1. - - - 208..:.: . ?azny?go? • S89 E Zoo peat e [? O - O tl ? - 3 Y w • b ? P A ? slO?a? ce ? S az ? a 6 P pnd a ? -? yep Oro V. - __?rcru fi,,?q?c1Jr_ctcf ofl?s?snd_._.sif_vrale_.i?_T..rorie_:To?rrnsfii ACr?s._-?S?Xty_ e-i9i?f__Pecch_es__?r2d a//.aur_?? of6°..?,o..G_tfo?roads ?c ?----.-- .. cL?rrues_..P_u?5__r+nd__clpfed__>he /O t dAy oF/?9areh.L79¢.._-_. ,t -o -- --- e?A!Es?c i I N J7? f-r7ie TESTIMOX_ T Oust the above is a eopy of the ori?jinal rernaininy on file in the Departmont of Internal ddjfairs of Pennsylvania, made conformably to an d d of ?Issenbbly approved th618th day of February, 1888, have hereunto set my Hann and eaused the Seal of Maid Popdriftent to be affixed at Marrisburg,. this „ w .feu-.r .. ........::.:.:..:::.tld!/ "., ..... ..e,•' ?f3: .?,t_. (?` ?-?! ?,._.-..-may V NR ? ?1 ? M V L ? J Iw^i ? ?i ? ?l i ?? ti ? A ?' 4 O . ? ? 4 i 13 wS v P « A ?°i Ii ro N_ ^e' 10 j q y ?R . , I'o ?' w?? A 9 7 ?# ? n a b t P??? p? n i w ¢ p ; I g 8 ? o o? ?i fwi ?? u S F X I I ! j I L L- ! i 3 r ?' - w N b w i L p w? ?° w p I ' ?v ' ?S ? { C ? 3 : 3 p ?? 7• ? u h o o f ?a-i` ? b jw Y. u p ?? ??[} af?a . w w s C ? ,? , I I .' ? 4 l 7 I. j p I jpR 1 I+ ?I(?p, I i it¦y c? I ? ? 1 : I M 1:1 ? a l N N .. O .w W Y ? /. • w P• f? V b V p ° N 0 p •? Z t i ? I. ;' -I ? Z y e ? e w pq. I r? R .. I ? ?? ` v 3# M P., i M? I ? ? N\ L 4 q•2 a.' w l 1 i I If w ?• p ° - -_M }7 i._:i_? I• q _.L i I ! M p f8 '? 'u I ? Il,'_ ?°°??1 w- _?o NN N ?. Vii., ? ? I ' i ? ?? ?? ? ? ?i {•? I ? IS ?•?? ? ? Y? ? ? ? ? ? ? ; , . b ,? ? I • ? • ? , ? y I` ! k b Y? Z Y Z' ? ti Z I? y ? Itil Y _ M ?U b I, Y Y Y IY _. F i I- I I C ?? a 'wa h I ?..w ?.. I ??. 99 • ' ¢ fj ? •? ? yyyy ?a t ° ?? , ? g i i , .I I 1 o a•? 4 I'! y W '? yy it 4 J L N , wp # Y V ° '? Y M S p # ? r n m z v O Z > ` I I ! 1 L. I I h I I ? I. ? '' ? ' s? j e i l I C I ? ?? pp g p pp q? 44 44 44 1 i .i I ? .Yi' A $ ?. e? ? i3 A ? C h ? k ?.? ? ? ? ? ? ?' I ? ? __ m ? _ _ m r l ?$1 ? O Oi 't° ? ? ? ??•? i' I? ___ J???I I• I ? ? j l ?fi. s J l D ti ggg x 1 ` J S i - !€ 7 ? ° P P P A° 1 qJ _ o o 7' Y. 9 i v o P A P s 4 e. . 'r d I 1 .. 11 I ? I ? I o ? m D v :A p? o o` e? o e `. ? p n i b I' P+. I? 6 I ? e o p 1.. t. r t F ?..w A ? p Y C F r 4 a. I ? p ? y x f f i 1 ? r l ? I I i I I 'i. .w f ?? I ? I I I I 4 V fry M l # C F b I I V I N ',1? M P 1__-Y (f '' I ? 1 I I; I I I 0 O 4 i ? F 1 rr F•?? O?? I L I ? I .?.. .! F I 7 I- I I ? I I I i! 1 ?Y o D a ,1$t I ° C ° I i l l l l b {e ? b+ o a i :??rL p?p? a? a Y e r • ? ??? I l l l a ? 1 ?, _,t I , I I i I I ? ? 4 ?, P I i , }? ? R I ? ? t ? ? y L ? c?? ?? I I • j i ; i. I I 7 ?. IAA ? j , ° I I ' ? ? ? j I . ? I ? p ?" ?' ?• ? ? 9 J , Y., i I f? ' 1 I i I ! 4 T^ ,1 o A' Y 1t I ^ ? 9 n T ?, y• 4 i T I ( I ? i 4° i I I . I ? ; I I I i i ? 1 I i? 1 I N Z n c .? Z I STATE OF OHIO) SS COUNTY OF LUCA1) ON THIS, THE 101TH DAY OF AUGUST 1944 BEFORE ME GRAYSON E. GRATOP, THE UNDERSIGNED OFFICER PERSONALLY APPEARED C. E. BOLZE AND OLIVE K. BOLZE HIS KNOWN TO ME (OR SATISFACTORILY hOVI TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THI? W 1 41ta1. UMENT, AND ACKNOWLEDGED THAT THEY EXECUTED THE SAME FOR THEFPURPOSES THEREIN CONTAINED.` . IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND OF IC A SEAL GRAYSON GRA.TOP .(SEAL) NOTARY PUBLI UCAS NTY,OHIO. FAY COMM. EXP I R 22,1946 1 HEREBY CERTIFY THAT THE PRECISE RESIDENCE ADDRESS OF THE WITHIN-NAMED GRANT4ES IS SPRING TWP., PERRY COUNTY, PENNA., (ELLIOTTSBURG, PA. !4) HARRY 6 CRYTZER a V `7 ? ATTORNEY FOR GRANTEE l - --------------------_-------- ------------------------- - -------------------------------------Y-- NO.11210 -1 THIS INDENTURE, DEED MADE THE 26TH DAY OF JUNE IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED C.P.HUMRICH ET UX AND NINETY-FOUR. BETWEEN C. P. OL)MRICH AND AMANDA E., HIS WIFE OF THE BORO OF CARLISLE, PA., TO: OF THE FIRST PART AND SAMUEL A. SHAMBAUGH OF FRANKF,ORD TOWNSHIP, COUNTY OF SAMUEL A.SHAMBAUGH CUMBERLAND, PENNA. OF THE SECOND PART: WITNESSETH, THAT THE SAID PARTIES CONS:4 108.00 OF THE FIRST PART, FOR AND IN CONSIDERATION OF THE SUM OF ONE HIJL411RED AND LOC:FRANKFORD TWP. EIGHT (w108.) DQ'L-LAPS, LAWFUL MONEY OF THE UNITED STATES OF AMERICA; WELL AN DAT:JUNE 26,1894 TRULY PAID BY THE SAID PARTY OF THE SECOND PART TO THE SAID PARTIES OF THE ENT:AUG.19, 1944 FIRST PART, AT AND BEFORE THE SEALING AND DELIVERY OF THESE PRESENTS, THE -------------------( RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, HAS GRANTED, BARGAINED, SOLD, ALIENE , ENFEOFFED, RELEASED, CONVEYED AND CONFIRMED, AND BY THESE PRESENTS DO GRANT, BARGAIN, SELL, ALIEN, ENFEOFF, RELEASE, CONVEY AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART HIS HEIRS AND ASSIGNS, ALL THAT CERTAIN TRACT OF LAND SITUATE IN FRANKFORD;TOWNSHIP CUMBERLAND COUNTY, PENNA. BOUNDE AND DESCRIBED AS FOLLOWS, BEGINNING AT A BLACK OAK A CORNER OF LAND OF W. H. BIGGLEMAN AND WM. H. THUMMA AND OTHERS, THENCE BY SAID LAND NORTH 5? DEG. EAST 95 PERCHES T® A STONE HEAP N`OR NEAR THE LINE BETWEEN THE COUNTIES OF CUMBERLAND AND PERRY, THENCE BY SAID COUNTY LINE SITUATE-COURSE NORTH 85 EAST 100 PERCHES MORE OR LESS'TO,STONE HEAP AT OR NEAR"COUNTY LINE, THENCE BY OTHER LAND OF THE GRANTOR, SOUTH 14 DEG. EAST 65 PERCHES TO A STONE HEAP AT THE FOOT OF THE."STEEP" OF THE NORT H MOUNTAIN, THENCE BY LAND OF JNO. BEAR, GEO... KEISER & OTHERS SOUTH 76 DEG. WEST 130 PERCHES TO THE . BLACK OAK, THE PILACE OF BEGINNING, CONTAINING (64) ACRES MORE OR LESS. IT BEING PART OF A TRACT OF LAND WARRANTED 10TH MARCH 1794, AND CONVEY?D 16TH DAY OF MAY 1794 IN THE NAME OF JAMES PARKS WHICH BECAME VESTED IN MATHIAS HOLLENBACH AND WHICH WAS.SUBSEQUENTLY SOLO FOR THE NON PAYMENT OF TAXES BY HARRY S. BITTER ESQ., COUNTY TREASURER AND CONVEYED TO C. P. HUMRICH THE GRANTOR H?REIN, BY DEED ONLY ACKNOWLEDGED THE 24TH DAY OF AUG. A,D. 1 AND RECORDED IN THE PROTHONATARY OFFICE IN CUMBERLAND COUNTY IN DEED DOCKET TO NO. 5260 AS BY REFERENCE THERET O WILL FULLY APPEAR. I ' TOGETHER WITH ALL AND SINGULAR THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES TO THE SAME BELONGIN G, OR IN ANYWISE APPERTAINING, AND THE REVERSION AND REVERSIONS, REMAINDER AND REMAINDERS, RENTS,ISS ES AND PROFITS THEREOF: AND ALSO ALL THE ESTATE RIGHT TITLE INTEREST PROPERTY CLAIM AND DEMAND , , , , , WHATSOEVER, BOTH IN LAW AND EQUITY, OF THE SAID.PARTIES OF THE FIRST PART, OF, IN, TO OR! OUT OF T E SAID PREMISES, AND EVERY PART,AND PARCEL THEREOF,., TO, HAVE AND TO HOLD THE SAID PREMISES, WITH ALL AND SINGULAR THE APPURTENANCES, UNTO THE SAID PARTY OF THE SECOND PART, HIS HEIRJS AND ASSIGNS, TO AND FOR THE ONLY PROPER USE AND BEHOOF OF THE SAID PARTY OF THE SECOND PART, HIS HEIRS AND ASSIGNS, FOREVER, AND THE SAID C. P. HUMRICH FOR HIMSELF AND HIS HEIRS, EXECUTORS AND ADMINISTRATORS, DOTH BY THESE PRESENTS, COVENANT, GRANT AND AGREE TO AND WITH THE SAID PARTY OF THE SECOND PART, HIS HEIRS AND ASSIGNS, THAT HE THE SAID IC. P. HUMRICH AND HIS HEIRS, ALL AND SINGULAR THE HEREDITAMENTS AND PREMISES KREIN ABOVE-DESCRIBED AND GRANTED, OR MENTIONED AND INTENDED SO TO BE, WITH THE APPURTE ' - THE SECOND PART, HIS HEIRS AND ASSIGNS, AGAINST THE SAID PARTIES OF ANCES UN?; THE SAID PARTY OF THE FIRST RART AND THEIR HEIRS, AND AGAINST ALL AND EVERY OTHER PERSON OR PERSONS WHOMSOEVER,LAW- FULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF, FROM BY OR UNDER HIM, THEM OR ANY OF THE M SHALL ANDrWILL, BY THESE PRESENTS, WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, THE SAID PARTIES OF THE FIRST PART HAVE HEREUNTO SET THEIR HANDS AND SEALS THE DAY AND YEAR FIRST ABOVE WRITTEN. SIGNEO,SEALED AND DELIVERED IN THE C. P. HUIVIRICH (SEAL) PRESENCE OF US: AMANDA R. HUMRICH (SEAL) JOHN C. LESHER J. W. HUMER ' RECEIVED, THE DAY OF THE DATE OF THE WITHIN OR FOREGOING, INDENTURE, OF THE SAID PARTY OF -THE SECOND PART, THE SUM OF ONE HUNDRED AND EIGHT (4106.) DOLLAf2S THE CONSIDERATNON ABOV..E'NAMED IN FU L. WITIJESS JOHN C. LESHER C. P. HUMRICH EXHI9N J. W. HUMER STATE OF PENNSYLVANIA)) COUNTY OF CUMBERLAND )S ON THE 27 DAY OF JUNE IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND NINETY-FOUR BEFORE ME, THE SUBSCRIBER A JUSTICE OF THE PEACE IN AND FOR SAID COUNTY CAME THE ABOVE NAMED C. P. HUMRICH AND •AMANDA E.. HIS WIFE AND JOINTLY ACKNOWLEDGED THE ABOVE INDENTURE TO BE THEIR ACT AND DEED, AND AE OF 11 e T 2009 DEC -8 PM 1: 48 CUt?3 iu: d, <u yJUNTY PENrSgSA IA 31-17,-17 MICHAEL S. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Q / - ?5 66 C ??,` / T??i?? THE CENTRAL PENNSYLVANIA : ACTION TO QUIET TITLE CONSERVANCY, CHRISTIAN P. HUMRICH and AMANDA R. HUMRICH, his wife, and their heirs, successors and assigns Defendants PETITION FOR LEAVE FOR SERVICE BY PUBLICATION 1. Plaintiff Michael S. Farlling, by and through his legal counsel, Salzmann Hughes, P.C., filed with the Prothonotary of Cumberland County an action to quiet title whereby they requested that title to a tract of ground be quieted and that it be determined that he has sole fee simple title to the same, such tract of ground described as follows: ALL THAT CERTAIN lot of ground in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the corner of lands now or formerly of Michael S. Farlling and lands now or formerly of Edward N. King, North 20 degrees 00 minutes 00 seconds West 879.41 feet to stones on the Cumberland County/Perry County line; thence along lands now or formerly of Florence W. Erdman Trustees, North 80 degrees 57 minutes 51 seconds East 890.53 feet to a concrete monument and stones; thence along wooded mountain land nor or formerly of The Central Pennsylvania Conservancy, South 23 degrees 24 minutes 02 seconds East 736.15 feet to stones at the line of lands now or formerly of Jeffrey A. Nailor; thence along lands now or formerly of Galen J. Westbrook and lands now or formerly of Edward N. King, South 78 degrees 50 minutes 24 seconds West 922.65 feet to the place of BEGINNING. CONTAINING 16.419 acres more or less. 2. Plaintiff, after making a diligent search and inquiry, has been unable to ascertain the existence and present location of Defendants Christian P. Humrich, Amanda R. Humrich, his wife, and their heirs, successors and assigns. (See the Affidavit attached hereto and incorporated herein as Exhibit A). WHEREFORE, Plaintiff respectfully asks leave of court to obtain service of the Complaint in the instant matter upon the Defendants of unknown location by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and rule 1066-4. Respectfully submitted, SALZMANN HUGHES, P.C. By: Susann B. Morri on, Esquire Supreme Court No. 77041 354 Alexander Spring Road, Ste 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff Date: / l-f:Q 9 MICHAEL S. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. THE CENTRAL PENNSYLVANIA : ACTION TO QUIET TITLE CONSERVANCY, CHRISTIAN P. HUMRICH and AMANDA R. HUMRICH, his wife, and their heirs, successors and assigns Defendants AFFIDAVIT NOW, comes Susann B. Morrison, Esquire, Affiant, who being duly deposed, does state the following: 1. On this same date, Plaintiff filed a Complaint in an Action to Quiet Title to a 16 Acre Parcel located in Lower Frankford Township, Cumberland County, Pennsylvania. 2. On this same date, Plaintiffs filed a Petition for Leave of Service by Publication requesting the Court to allow Plaintiff to serve the Complaint in an Action to Quiet Title against Defendants Christian P. Humrich, Amanda R. Humrich, their heirs, successors and assigns, by publication. 3. On behalf of Plaintiff, a diligent search has been made to obtain the identity, addresses or whereabouts of Christian P. Humrich, Amanda R. Humrich, their heirs, successors and assigns. 4. An estate search was conducted at the Cumberland County Register of Wills which revealed that Christian P. Humrich died intestate on January 5, 1906, his estate going to his son C. F. Humrich. 5. An estate search was conducted at the Cumberland County Register of Wills which revealed that no estate was opened in the name of Amanda R. Humrich or C.F. Humrich. EXHIBIT 6. A complete records search on the subject property was conducted at the Cumberland County Recorder of Deeds Office which did not reveal any information concerning the identity, addresses or whereabouts of the heirs of Christian P. Humrich and Amanda R. Humrich. 7. A review of the Cumberland County telephone book revealed no listings for any individuals with the last name of Humrich. 8. Following a diligent search, the identity and whereabouts of the heirs of Christian P. Humrich and Amanda R. Humrich are unknown. Susann B. 94oAon, Esquire Sworn to and Subscribed before me This Itay of bffJ? 2009 s Notary Pu is COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kandy L. Coyle, Notary Public South Middleton Twp., Cuumbedo C my 1 6 , 20 6,2010 My Commission Expi v 10 ;4,;-4r '•'-rnavlvania Association of Notaries OF THE PROTHONOTARY 2009 DEC -8 PM 1: 51 CUNA6k 'D MICHAEL S. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• NO. 09-8506 THE CENTRAL PENNSYLVANIA :ACTION TO QUIET TITLE CONSERVANCY, CHRISTIAN P. HUMRICH and AMANDA R. HUMRICH, his wife, and their heirs, successors and assigns , Defendants AFFIDAVIT NOW, comes Susann B. Morrison, Esquire, Affiant, who being duly deposed, does state the following: In accordance with Final Decree of Court dated January 21, 2010, I did cause to be placed for publication a Notice as to the above-captioned Action to Quiet Title. 2. Attached hereto and incorporated as Exhibits A and B, respectively, are copies of the Proofs of Publication from the Sentinel and the Cumberland County Legal Journal along with the Notices as published. Susann B. rriso ,Esquire Sworn to and Subscribed before me Thi day of , 2010 No Publ COM640N EALTH OF PENNSYLVANIA I`lofarlal Seal ~Y L ~. Nota-y Public South ~ddlebn Twp. ~~ ~~ ~ ~ moires July 6, 2010 Member, Pennsylvania Assoclatlon of Notaries ~~ r~. y_. ~ ~.,_ r- 1, : ~.: .J _~ c~ ": rv v O ;1 ==~3 ~; ~-~ -~- ~ , __l;_ - ~.'_:: -- ..~~ ;7 ._t, PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tanuary 29, 2010 COPY OF NOTICE OF PUBLICATION A Er:;,...L ,~___~,_ ~_ .., _r ~ _ .~- - •- `1e/she is not MICMA~t S. FARLLING; ~ IN TIE ~OIiRT OF COMMON PLEpS OF Plalntltt CUMBERLAND COUNTY, PENNSYLVANIA er Of the v• NO. 09-8506 Clvll "Went, and that THE CENTRAL PENNSYLVANIA : ACTION TO,.OUIET.TITLE CONSERVANCY"CHRISTIAN,P. HUMRICH and - ' i statement as g , .AMANDA R. HU}~IRICA, his wife, and their Mars, )f ubli ati successors and ass(gns c on p s:DAfe1ltlants ' , TO: CHRISTIAN P. HUMRICH and AMANDA lj: HU'MRICH, his wife, and their heirs, s e d i n +~ ucc ssors.ar? g ess s: %,~.~..-, You arekotdied that alt Order has been entered to Docket No 09-8506 jn the Court of Common Pleas of Cumberland ~o'un1'y, Pennsylvagia on January 21, 2010 difecUng that within thirtys;30) days after this publication you shall file an ~~,, action jn electt3tept°or be orey~r barred from asserting any rghf, lien, title or interest inconsistent with the interest or ;~;,- ctaim set forth in Platntiff .,s Complaint to the land here described: '°" '"'~ ALL TH/YT CERTAIN;Iot of ground in tower Fiahkford Township, C~~r t Cutrnt Penrisylvarii9; bourl`8~r]"and eJesctibed as follows. ~ ,~.r~ "''"'°""`-~p~.* ` BEGINNI{JG at apoint at the corner of lands now or formerly of Micliael~S. Periling and lands ` ire me th1S how or formeriy,of Edward N. King, North 20 degrees 00 mintftes 00 seconds.West 879.41 feet - to stones ora ttie Currlliedand County/ferry Gounry line;4hence:along lands now.orto[merlgof Florence yJ. EtdmanTrustees, North 80 degrees 57 minutes 51 seconds East 890,53 feet to a ~ concrete monumenta~tdstonee; thence along wooded mountain land noror formerly o{ The ~------: CentralPepnsytvani~';Conservancy, South 23 degrees 24mmutes 02,seconds:East 736.15 faat;tostgne>o-flt tFie-`vine of lands ~nv/or formerly of Jeffrey A. Nailor; thencealong lands now or formerly of Galen J_`WesfbPooK~nd lands now or formerly o1 Edward N. K`ing', South 78 degrees 5t) mihutes:24 seconds West 922.65 feet to the place of BEGINNING. ~ .:,~ CONTgINING 16.419+acres more or less. j ~ PUb11C B : Ronn R. Anderson Sheriff: Y ,y- SERVELEGAL PAPERS TO: { Susann B. Mornsoii, Esquire SALZMANN HUGHES,p.C. ~ , , • 354 AleXander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff ...- COMMONWEALTH Ot= PENNSYLVANIA NOTARIAL. SEAL TAMMY S. t3RlCKNER, Notary Public Caliisie E3oro., Cumbeliand bounty My Commission Expires May t3, ~01t? EXHIBIT 9 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tanuary 29, 2010 COPY OF NOTICE OF PUBLICATION CD & tow hitch. Stock #2903yti, i 1 .s,.u..~.... REDUCED... $10,995! 1'-888-532-212'1 or ~ ~~ - vlewour www.bol full inventory at LEXUS, 2006 www.hhchev.corii 860: ~Z~~ CHEVY;1993 S-10 4ic4. Good engine ' ~ ~Y~ 8 Cranny. Needs muffler, tail pipe, www.bol starter 8 gas tank. $700. 258-6537: tEXUS, 2006 FORD, 2004 F250 XL 4x4 } Power stroke diesel, auto A7C, T ~~l 1.8 Fu Rk Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. i Sworn to and subscribed before me this Stock #79107A ONLY.:. $16,995! 1-888'532-21'21 ~' ° "" _' ' ~~ j ' h~800-778 t ~hr ~ ('N ~, ~2_c) l L) FulYinventory at wWW.bgbbyrah iw+iN.hhchev.cdin LEXIJS, 2007 R)(35 . GMC 1992 Sonoma Pic~C-Up with cap 70korigginal miles'LgokS R runs great) $2 500 Call 486 3263. ~~U~~ ~ , TOYOTA, 2009 TACOMA 4X.4 TRb ACCESS CAB. Silver`with graphite 4 ~ -~Y~ ,~~,4 www bobbyrah Notary Public intenor, .OL V6 wjth 285hp, 5 . speed auto., 2k mi., 3year factory OLDS, 1999 Alero. warranty: Basically brand new) inspected until Ma Magazine featured. This truck has $2;000. Call 776-9 too many add-ons & accessories to list! Very sharplookingtCan be - OLDS;-2001 Aurora,J used as a show truck or daily driver. Pald $37,000 new; will sell leather, sunroof;lo) condition $4,195- G M commission ex fires: y p ~for$32,000.Call717-991-3143. PONTIAC,20S( " - 4-door, 3.5 V6, autd ~~rQ, windows, cruise ram) ., ~.:.<_ COMMONWEALTH OF PENNSYLVANIA NOTRRIAI. SEAL TAMMY S. BRIGKNER, Notary Public Caliiste [ior~., Cumberland County My Cammrssion expires May 13, a01 Q PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587; approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 5S. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 Notary NOTARfAL SEAL DEBORAIi A COLLiNS Notary Public CARLISLE 80R0, CUMBERLAND COUNTY EXHIBIT My Commission Expires Apr 2B, 2ot o CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 09-8506 Civil MICHAEL S. FARLLING, Plaintiff THE CENTRAL PENNSYLVANIA CONSERVANCY, CHRISTIAN P. HUMRICH and AMANDA R. HUMRICH, his wife, and their heirs, successors and assigns Defendants ACTION TO QUIET TITLE a concrete monument and atones; thence along wooded mountain land nor or formerly of The Central Pennsylvania Conservancy, South 23 degrees 24 minutes 02 seconds East 736.15 feet to atones at the line of lands now or formerly of Jeffrey A. Nailor; thence along lands now or formerly of Galen J. Westbrook and lands now or formerly of Edward N. King, South 78 degrees 50 minutes 24 seconds West 922.65 feet to the place of BEGINNING. CONTAINING 16.419 acres more or less. By: Ronny R. Anderson, Sheriff SUSANN B. MORRISON, ESQUIRE TO: CHRISTIAN P. HUMRICH and SALZMANN HUGHES, P.C. Attorneys for Plaintiff AMANDA R. HUMRICH, his wife, 354 Alexander Spring Road and their heirs, successors and Suited assigns: You are notified that an Order has Carlisle, PA 17015 (717) 249-6333 been entered to Docket No. 09-8506 in the Court of Common Pleas of Feb. 5 Cumberland County, Pennsylvania on January 21, 2010 directing that within thirty (30) days after this publication you shall file an action in ejectment or be forever barred from asserting any right, lien, title or interest inconsistentwith the interest or claim set forth in Plaintiff's Com- plaint to the land here described: in Lower Frankford Township, Cum- berland County, Pennsylvania , bounded and described as follows: BEGINNING at a point at the corner of lands now or formerly of Michael S. Farlling and lands now or formerly of Edward N. King, North 20 degrees 00 minutes 00 seconds Weat 879.41 feet to atones on the Cumberland County/ferry County line; thence along lands now or formerly of Florence W. Erdman Trustees, North 80 degrees 57 min- utes 51 seconds East 890.53 feet to A SKARLATOS & ZONARICH LLP Anna Marie Sossong, Esq. Elizabeth B. Place, Esq. 17 South Second Street, 6`h Fl Harrisburg, Pennsylvania 17101 (717) 233 - 1000 (telephone) (717) 233 - 6740 and (717) 233-1016 (facsimile) Email: ams@skarlatoszonarich.com Email: ebp@skarlatoszonarich.com Attorneys for Defendant, The Central Pennsylvania Conservancy MICHAEL S. FARLLING, Plaintiff lH0!OTAI ?;?-,rte 'J tR -2 PM 2:53 rVAB ER?dS LD A?duA COOTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THE CENTRAL PENNSYLVANIA : CONSERVANCY, CHRISTIAN P. HUMRICH AND AMANDA R. HUMRICH, HIS WIFE, AND THEIR HEIRS, SUCCESSORS AND ASSIGNS : Defendants No. 09-8506 CIVIL ACTION TO QUIET TITLE NOTICE OF DEPOSITION TO: CHARLES COOK, Act One Consultants, Inc., 200 South 41 st Street, Suite A, Harrisburg, PA 17111 Please take notice that Defendant will take the deposition upon oral examination of CHARLES COOK, on Monday, March 14, 2011, at 9:00 a.m. at the law offices of Skarlatos & Zonarich, LLP, 17 South Second Street, 6th Floor, Harrisburg, PA 17101. The deposition shall continue from day to day until completed, and will be taken before a notary public or some other officer authorized by law to administer oaths. You are invited to attend and participate in the examination. -1- NOTICE TO PARTIES AND/OR WITNESSES: You may object to this deposition by mailing or delivering a letter listing your objections to Anna Marie Sossong, Esquire, Skarlatos & Zonarich, LLP, 17 South Second Street, 6th Floor, Harrisburg, PA 17101, at least seven (7) days before the date of the deposition. SKARLATOS & Date: February 28, 2011 By:il/?-?,, Aifna Marie Sossong, s Identification No. 32808 Elizabeth B. Place, Esquire Identification No. 44682 Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101 Telephone (717) 233-1000 Facsimile: (717) 233-1016 Email: ams@skarlatoszonarich.com ebp@skarlatoszonarich.com Attorneys forDefendant Central Pennsylvania Conservancy -2- MICHAEL S. FARLLING, Plaintiff vi. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE CENTRAL PENNSYLVANIA : CONSERVANCY, CHRISTIAN P. HUMRICH AND AMANDA R. HUMRICH, HIS WIFE, AND THEIR HEIRS, SUCCESSORS AND ASSIGNS Defendants No. 09-8506 CIVIL ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, Debra L. Logan, an employee of Skarlatos & Zonarich LLP, certify that I this day served a copy of the NOTICE OF DEPOSITION upon the person(s) indicated below by U.S. Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Charles Cook Act One Consultants, Inc. 200 South 41 st Street, Suite A Harrisburg, PA 17111 Susann Morrison, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Dated: March 1, 2011 Cl? J?- ebra L. Logan Legal Assistant