HomeMy WebLinkAbout04-2768)N RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN
SOUTH MIDDLETON
TOWNSHIP,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-
CIVIL TERM
CIVIL ACTION-LAW
ROBIN L. SCHERER and
MICHAEL A. SCHERER,
Petitioners
RANDALL K. WATSON and
DEEN D. WATSON,
Respondents
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 Petition
and notice are served, by entering a wriffen appearance personally or by an attorney
and filing in writing with the court, your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so, the case may proceed without you
and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the 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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
IN RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN
SOUTH MIDDLETON
TOWNSHIP,
PENNSYLVANIA
ROBIN L. SCHERER and
MICHAEL A. SCHERER,
Petitioners
RANDALL K. WATSON and
DEEN D. WATSON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004- ~'~-~ CIVIL TERM
CIVIL ACTION-LAW
RULE TO SHOW CAUSE
AND NOW, this day of June, 2004, upon review of the attached Petition
for Rule to Show Cause Pursuant to 36 P.S.§§ 2731, et. seq., a Rule is issued against
the Respondents, Randall K. Watson and Deen D. Watson, to show cause, if any there
be, why the relief requested in the petition should not be granted.
Rule returnable 20 days from date of service.
BY THE COURT
IN RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN
SOUTH MIDDLETON
TOWNSHIP,
PENNSYLVANIA
ROBIN L. SCHERER and
MICHAEL A. SCHERER,
Petitioners
RANDALL K. WATSON and
DEEN D. WATSON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004- ~,~"~ ~, ~ CIVIL TERM
ClVIL ACTION-LAW
PETITION TO OPEN PRIVATE ROAD
PURSUANT TO 36 P. S. § 2731. ET. SEQ.
1. The Petitioners are Robin L. Scherer and Michael A. Scherer (hereinafter
"Scherers"), adult individuals, who are husband and wife, who reside at 290 Fairview
Street, Carlisle, Cumberland County, Pennsylvania.
2. The Respondents are Randall K. Watson (hereinafter "Watsons"), an
adult individual who resides at 771 South Humer Road, Enola, Cumberland County,
Pennsylvania and Deen D. Watson (hereinafter "Watsons'), an adult individual who
resides at 834 Forge Road, Carlisle, Cumberland County, Pennsylvania.
3. Scherers are the owners of a landlocked parcel of real estate in South
Middleton Township, Cumberland County, Pennsylvania as set forth in a deed recorded
in the office of the recorder of deeds of Cumberland County at Book 257 Page 429. A
copy of the Scherer deed is attached hereto as "Exhibit A."
4. The Watsons are the owners of two tracts of land in South Middleton
Township, Cumberland County, which tracts lie between the Scherers' landlocked
parcel and State Route 94, also known as the "Baltimore Pike." The Watson tracts are
set forth in a deed recorded in the office of the recorder of deeds of Cumberland
County at Book 258 Page 492, attached hereto as "Exhibit B."
5. Presently a road approximately twelve feet in width across the Watson
property (hereinafter "Watson Road") provides a potential means of legal access to
State Route 94 from the Scherer tract.
8. The Watson Road is excepted from a right-of-way agreement between
five separate property owners which is recorded in the office of the recorder of deeds of
Cumberland County at Book 396 Page 812, and attached hereto as "Exhibit C."
7. On July 12, 1991, the Watsons' parents, Richard and Shirley Watson,
entered into an "Easement and Right-Of-Way Agreement" with Adin L.S. Otto, Jr. and
Donna M. Otto, which granted the Otto's access to their tract of real estate across the
Watson Road; the Ottos have sold their property and it is now owned by Glenn Tracey
and Judith Tracey. The "Easement and Right-Of-Way Agreement" is recorded in the
office of the recorder of deeds of Cumberland County at Book 401 Page 133, and is
attached hereto and marked as "Exhibit D."
8. Upon information and belief, the Watson Road is either an abandoned
township road or an old logging road which has been in existence for over fifty years.
9. The Watson tracts are unimproved, vacant woodland.
10. The Watson Road is fiat, safe at all times of the year and connects to
State Route 94 at a location which gives ample site distance to traffic entering onto
Route 94.
11. The Watson Road provides the only reasonable access from the Scherer
land to a public highway or place where there would be reasonable means of ingress
and egress to the Scherer tract from a public highway.
Without such private read, the Scherers have no legal access to their real
12.
estate.
13.
The landlocked nature of the Scherer pamel and real estate necessitates
a private read be open across Watsons' property so that the Scherers may have access
to Route 94, a public road.
14. Scherers have been unable to obtain a grant of an easement and/or right
of way from their lands to the public highway from the Watsons.
15~ Scherers request that a private read be laid out and open up to a width of
twenty-five (25) feet on and over the land of the Watsons.
Wherefore, the Scherers requests your Honorable Court:
(A) To appoint a Board of View pursuant to 36 P.S. § 2731 to determine if
a right of way is necessary to permit petitioners access to a public road; and,
(B) That, upon a finding by the Board of View that the requested private
road is necessary, the court permit the Scherers permission to use the private road with
a width up to twenty-five (25) feet across the Watson property in its present location
pursuant to 36 P.S, § 2732; and
(C) To determined the extent of the amount of damages, if any, suffered
by the Watsons.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
M~che~rer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dirlgenlit/scherer/watson.pet
Exhibit A
Tax Parcel No. 40-13-0124-009
THIS DEED,
MADE THE '~d~- day of May, in the year two thousand three (2003),
BETWEEN
E. JANE LING, a married woman of Homosassa, Florida,
GRANTOR
and
MICHAEL A. SCHERER and ROBIN L. SCHERER, husband and wife,
of Carlisle, Pennsylvania,
GRANTEE:
WITNESSETH, that in consideration of One and 00/100 ($1.00) Dollars, in hand paid, the
receipt whereof is hereby acknowledged, the said Grantor Does hereby grant and convey to the
said Grantees, their heirs and assigns:
ALL THAT CERTAiN tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, more fully bounded and described as follows, to wit:
BEGINNING at an iron pin in the center line of a 120 foot right-of-way of Metropolitan Edison
Company and at comer of lands now or formerly of Kenneth E. Rockey and Curtis Myers; thence
by the center line of said right-of-way, South 01 degree 05 minutes 33 seconds East, 399,95 feet
to an iron pin at the comer of lands now or formerly of Curtis Myers and land now or formerly of
Adin L.S. Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to
an iron pin; thence continuing by same, South 24 degrees 40 minutes 19 seconds West, 115.50
feet to an iron pin; thence by same, South 69 degrees 40 minutes 19 seconds West, 122.92 feet to
an iron pin at line of lands now or formerly of Charles C. May; thence by May, North 33 degrees
47 minutes 04 seconds West, 92.11 feet to a pipe; thence by same, South 53 degrees 44 minutes
West, 1004.58 feet to a pipe in a stone pile at line of lands now or formerly of Lawrence P.
Mayland; thence by lands now or formerly of Mayland and lands now or formerly of Edlu
Corporation and lands now or formerly of Edgar E. Dorsey, Sr., North 25 degrees 53 minutes 34
seconds West, 649.22 feet to an iron pin; thence by lands now or formerly of Dorsey, North 63
degrees 20 minutes 15 seconds East, 334.85 feet to an iron pin in stone pile; thence by lands now
or formerly of Kenneth E. Rockey, North 63 degrees 22 minutes 16 seconds East, 710.02 feet to
an iron pin in stones; thence by same, North 63 degrees 29 minutes 55 seconds East, 433.83 feet
to an iron pin in the Center line of a 120 foot right-of-way of Metropolitan Edison, the place of
BEGINNING.
CONTAINING 17.598 acres pursuant to survey of Jerry D. Larue, R.S., dated July 16, 1980.
File No. C-129.
BEING the same premises which John M. Thompson and E. Jane Ling, surviving spouse of
Robert G. Ling, t/a Glenn Marshall Associates, and Carolyn L. Thompson, by deed dated
October 21, 1997 and recorded November 18, 1997 in the Cumberland County Recorder of
Deeds Office in Deed Book 167 page 1110, granted and conveyed unto E, Jane Ling.
THE SAID E. Jane Ling has subsequently married Thomas Ferraro, who signs this Deed to
release any interest he may have gained to the real estate by virtue of marriage.
TOGETHER with an Easement of Right-of-Way as recorded in the Cumberland County
Recorder of Deeds Office in Miscellaneous Book 241, Page 737;
AND Agreement to Establish Mutual Rights-of-Way as recorded in the Cumberland County
Recorder of Deeds Office in Miscellaneous Book 396, Page 812.
AND the said Grantor hereby covenant and agree that she will warrant and specially the property
hereby conveyed.
IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first
above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
(seal)
STATE OF FLORIDA )
): SS.
COUNTY OF 0 / T~t4 ~ )
On this, the ~7~ day of /qQ,¢ t~ ,2003, before me, the undersigned
officer, personally appeared E. Jane Ling and T~homas Ferraro, known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
PATRICIA ANN ANDREADIS
Notary Public, Slate of Florida
My comm. expires Dec. 26, 2006
No. DD 174365
Exhibit B
~ADE THE
THIS
I1' dayofJulyintheyesrofourLordtwothousandthr~(2003), ~- m "' ~'
BETWEEN RICHARD K. WATSON and SHIRLEY S. WATSON, hi~
Imown as SitlRLE¥ A. WATSON, of South Middleton Township, Cumberland
Pennsylvania, heminal~ called Grantors,
AND RANDALL K. WATSON and DEEN D. WATSON, his brother, of
Cumberland County, P~nnsylvarda, hereinafter ~ Grantees:
WITNESSETH, that in consideration of the sum of One and no/lO0 ($1.00) Dollar, in
hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and
convey unto the said Grantees, their heirs and assigns as tenants in common
TRACT NO. 1:
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Survey made by Thomas A.
Neff', Registered Surveyor, on May 6, 1966, as follows:
BEGINNING at a point in the center line of Pennsylvenia Route 94 lelading from Mount
Holly Springs to York Springs at comer of land now or formerly of Frank Snyde~, thence aiong
center line of Pennsylvania Route No. 94 North 51 degrees 28 rainutes West, a distance of 300
feet to a point; thence along land of Fred G-illiard and wife through stones near the edge of said
highway North 60 degrees 1 minute 20 seconds Least, a distance of 792.25 feet to stones; thence
still along land of Fred Gilliard and wife Lsouth 25 degrees 28 minutes East a distance of 320.50
feet to stones in line of land now or formerly of Frank Lsnyder; thence along said line of land
now or formerly of Frank Snyder South 63 degrees 32 minutes West, a distance of 670.65 feet
through an iron pipe near the edge of said highway to a point in the center line of said
Pennsylvania Route No. 94, the PLACE OF BEGINNING.
258 49,2
CONT,41NING 5.001 acres.
BEING the same property which Donald G. Bradley and Carol L. Bradley, his wife,
granted and conveyed to Richard K. Watson and Shirley S. Watson, his wife, grantors herein, by
deed dated April 30, 1971 and recorded in the Office of the Recorder of Deeds for Cumberland
County in Deed Book "B", Volume 24, Page 399.
TR~ CT NO. 2:
.4LI, that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, numbered and described in accordance with Plan of Land Subdivision for John N.
Mallios, prepared by Carl David Bert, R~istered Surveyor, as revised on October 14, 1981, a
dra~ of which is recorded in the hereinafter named Rccorder's Office in Plan Book 41, Page 91,
as follows:
BEGINNING at a railroad spike in thc center line of L.R. 342, known as PA Route 94,
along line of land now or formerly of Richard K. Watson and Shirley S. Watson, husband and
wife, which point is also the Northwestern comer of LOt No. 7 described herein; thence along the
line of said land now or formerly of Richard IC Watson and Shirley S. Watson, and continuing
through an iron pin set 31.65 feet from the center line ofL. R. 342, known as PA Route 94, North
61 dvgrees 25 mintues 00 seconds East, 667.19 feet to a stone pile at comer common to said land
now or formerly of Richard K. Watson and Shirley $. Watson, husband and wife, land now or
formerly of Charles C. May, et ux, and other land now or forraerly of Charles C. May, et ux;
thence along line of other land of Charles C. May, et ux, (the same being designated "Unclaimed
Parcel" on the above-mentioned Plan) North 65 degrees 30 minutes 00 seconds East, 944.37 feet
to an iron pin at comer common to Lots Nos. 7 and 8 as shown on said Plan; thence along the
dividing line between Lots Nos. 7 and 8 as shown on said Plan, South 03 degrees 03 minutes 30
seconds East, 86.66 feet to an iron pin at comer common to Lots Nos. 6 and 7 as shown on said
Plan; thence along the dividing line between Lots Nos. 6 and 7 as shown on said Plan and
continuing through an iron pin set 33.00 feet bom the center line of L.R. 342, known as PA
Route 94, South 61 degrees 25 minutes 00 seconds West, 1,505.16 feet to a railroad spike in the
center line of said L.R. 342, known as PA Route 94; thence along the center line of said L.R.
342, known as PA Route 94, North 53 degrees 12 minutes 30 seconds West, 160.00 feet to a
railroad spike, the point and PL.4CE OF BEGINNING.
THE ABOVE DESCRIBED tract of land contains 4.3910 acres, exclusive of the
dedicated right-of-way of L.R. 342 and is all of Lot No. 7 as shown on said Plan of Land
Subdivision for ./ohn N. Mailios r~;corded as aforesaid.
B00 258 493
BEING the same property which John N. Mallios and Vasiliki Mallios, his wife, granted
and conveyed to Richard K. Watson and Shirley A. Watson, his wife, grantors herein, by deed
dated December 30, 1982 and recorded in the Office aforesaid in Deed Book "A", Volume 30,
Page 44.
THIS conveyance is a non-taxable ~'ansfer from parents to sons.
AND ~he said Grantors hereby covenant and agree that they will wsrrant specially the
property hereby conveyed.
IN ~FITNESS 8'IIEREOF, said Grantors have hereunto set their hands and seals the
day, month and year first above written.
Signet~ Sealed trod Delivered
in the presence of
RICHARD IC WATSON
(SEAL)
· WATSON
n/k/a SH/~EY A. WATSON
258 494
Exhibit C
AGREEMENT TO ESTABLISH
MUTUAL RIGHTS-OF-WAY
THIS AGREEMENT, executed in ~ , this ~/~ day of
/~ ~ , 199~, by and among ....
ADIN L. S. OTTO, JR. and DONNA M. OTTO, his wife, hereinafter
called "Otto", C~A~LES C. MAY and GLORIA J. MAY, his wife,
hereinafter called "May", JOHN M. THOMPSON and ROBERT G. LING,
t/a GLENN MARSHALL ASSOC., hereinafter called "Thompson",
L. B. PHILLIPS, JR. and ROBERT M. FREY, Trustees of Edlu
Corporation Profit Sharing Trust, hereinafter called "Edlu", and
RICHARD L. SHERMAN and DORCAS M. SHERMAN, his wife, hereinafter
called "Sherman":
WITNESSETH:
WHEREAS, Otto is a tract of land situate in South Middleton
Township, Cumberland County, Pa., situate off of Pa. Route 94,
said tract of land being approximately 17.225 acres, more or
less, acquired by deed dated January 30, 1973 and recorded in
Cumberland County Deed Book "Z", Vol. 24, Page 664, Cumberland
County Tax Parcel No. 13-124-41; and
WHEREAS, May is the owner of two separate tracts of land
situate in South Middleton Township, Cumberland County, Pa.,
which are contiguous with each other, one of which is situate
along Pa. Route 94, said tract of land being approximately 3.95
acres, more or less, acquired of a deed dated April 25, 1983 and
recorded in Cumberland County Deed Book "E", Vol. 30, Page 107,
Cumberland 'County Tax Parcel No. 13-124-14; and the second tract,
not situate along Pa. Route 94, being 11.84 acres, more or less,
396 512
and acquired by deed dated June 9, 1979 and recorded in
Cumberland County Deed Book "H", Vol. 28, Page 881, C~mberland
County Tax Parcel No.. 13-124-16~ and
WHEREAS, Thompson is the owner of a tract of land in South
Middleton Township, Cumberland County, Pennsylvania, situate off
of Pa. Route 94 containing 17.6 acres, ore or less, acquired by
deed dated April 28, 1982 and recorded in Cumberland County Dued
Book "T", Vol. 29, Page 590, Cumberland County Tax Parcel No. 13-
124-9; and
WHEREAS, Edlu is the owner of a tract of land in South
Middleton Township, Cumberland County, Pennsylvania, situate'.
along Pa. Route 94 being a tract of land acquired by deed da~ed
October 30, 1969 and recorded in Cu~rland County Deed Book
Vol. 23, Page 355, Cumberland County Tax Parcel No. 13-124-12;
and
WHEREAS, Sherman is the owner of a tract of land in South
Middleton Township, Cumberland County, Pennsylvania situate along
Pa. Route 94 containing 4.79 acres, more or less, acquired by
deed dated November 19, 1986 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book
Vol. 32, Page 991, Cumberland County Tax Parcel No. 13-124-~6;
and
WHEREAS, each of the parties hereto presently obtains access
to Pa. Route 94 by virtue of an existing dirt lane approximately
ten (10) feet in width which crosses all of the various
properties hereinbefore set forth~ and
-2-
39G
~E]~.AS, each of ~he parties hereto daeire to enter thie
Agreement to establish pez~anent righte-of-way for each across
the property of the other for purposes of ingress, egress and
regress to and from Pa. Route 94.
NOW, THEREFORE, in and for the consideration of the sum
One ($1.00) Dollar by each of the parties interchangeably and in
hand paid, the receipt whereof is hereby acknowledged, and each
intending to be legally bound hereby, do mutually agree as
follows:
1. Each party hereto grants and conveys to the other party
a twenty (20) foot wide private right-of-way over and across
his/its individual property above described for purposes of
ingress, egress and regress over the existing dirt lane
proceeding from the property of Otto across all of the above
described remaining properties and finally across that of
Sherman to Pa. Route 94. The general location of the right-of-way
is depicted upon a copy of Cumberland County Tax Map 13-124
which is attached hereto, made a part hereof and marked
Exhibit "A". The specific location of the right-of-way across the
property of Edlu and the May tract along Route 94 is depicted
upon a survey prepared by Eugene A. Hockensmith, R.S., dated
September 16, 1983, file C-5m-83-3.
2. Except as hereinafter provided no party to this
Agreement shall have the right to require any other party to this
Agreement to share any cost of maintaining and improving the said
roadway. Any party desiring to use the said roadway may improve
-3-
the same at his own expense'or pursuant to any agreement to
divide such costs of maintenance and improvement by and among
some or all of the parties hereto. Provided, however, that no
party shall have the right to remove, damage or destroy any live
tree or vegetation more than three (3) inches in diameter in
order to maintain the roadway without written permission of the
owner of the property upon which such tree or vegetation is
located. Provided, further, that no party hereto shall have the
right to relocate the roadway from where it presently exists upon
the property of any other party without written permission o~
such other party.
3. Each party to this Agreement reserves the right to
relocate the right-of-way upon his own property should it become
necessary or desirable in which event all other parties shall
the right-of-way as relocated by such party.
4. Each party to this Agreement hereby agrees that no party
to this Agreement shall be entitled to assert any claim of
damages for personal injury or property damage which may result
from any accident or occurrence upon the property of any other
party, caused by any hazardous or dangerous condition existing on
such other party's property.
5. Each party to this Agreement understands and
acknowledges that a portion of the roadway in question crosses
property now or formerly of Riohard K. Watson and Shirley A.
Watson, his wife (deed ~eferences: Book "B#, Vol. 24, Page
and Book #A#, Vol. 30, Page 44) who are not parties to this
-4-
Agreement and ~hat~his Agreement creates no rights of usage as
to such property.
6. Each party to t/lis Agreement agrees to repair any damage
caused to the roadway by virtue of his use thereof.
7. The parties hereto are and remain legally bound by th~
promises and covenants herein contained and further, this
Agreement shall be and remain binding upon the heirs, executors,
administrators, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
Donna ~. otto
GL.EN~MARSHALL ASSOC.
WJ~hn.N. Thomnson~
Robert G. Ling
EDLU TRUSTEES
Robert M. Frey
-5-
396
State of Penns14vanie
Counly of Cumberland ~ SS
Recorded in the office for the reco~Jng o~1~T~" ~'A"
e(c. ~n~nd for Cumberland Co
Exhibit
EASEMENT AND RIGHT-OF-WAY AGREEMENT
by and between RICHA/{D K. WATSON and. SHIRLEY A. WATSON, his wife,
hereinafter Grantor, and AOIN L. S. O~O~ JR. and DONNA M. OTTO,..
his wife, hereinafter Grantee,
WITNESSETH:
WHERF2%S, the Grantee is the owner of a tract of land situate
~'%13'i~ South Middleton Township, Cumberland County, Pennsylvania,
s~tuate off of Pa. Route 94, sald tract being approximately
1 .225 acres, more or less, acgusred by deed dated January ~0,
~/~{.~1~73, recorded in Cumberland County De~d Book "Z", Vol. 24,
.:~Page 664, Cu~erland County Tax Parcel No. 13-124-41; and
in South Mlddleton Township, Cumberland County, P~nnsylvanla,
~hich are cOntiguous with each other, both situate along
~oute 94, the f~rst tract of which contains five (5) acres, mor~
or less' acquired by deed dated April 30, 1971 a~d recorded in
Cumberland County Deed Book "B', Vol. 24, Page 399, Cumberland
County Tax Parcel No. 13-124-15; and the second tract of which
contains 4.39 acres, more or less, acquired by deed dated
December 30, 1982, and recorded in Cumberland County Deed
Book "A", Vol.
No. 13-124-55;
30, Page 44, Cumberland County Tax Parcel
and
ooK 40'L P, CE 133
W~EREAS, Grantee presently obtains access from Pa. Route 94
to t~eir above described property in part 'by virtue of an
existing dirt lane approximately ten (10) feet in width which
crosses both the above described tracts of land of the Grantor;
and
WHEREAS, Grantee is desirous of entering into an agreement
to establish a permanent right-of-way and easement for access
across the property of the Grantor for purposes of ingress,
egress, and regress to and from Pa. Route 94.
· NOW, THEREFORE, the said Grantor, for and in consideration
of the sum of One Thousand Three Hundred ($1,300.00) Dollars,
lawful money of the United States, unto them well and truly paid
by the said Grantee, at and before the sealing and daliuery
hereof, the receipt of which is hereby acknowledged, is granted,
bargained and sold, and by these presents do grant bargain, and
sell, unto the Grante~, their heirs and assigns, the free and
uninterrupted use, liberty and privilege of, and passage in and
along, the certain mountain road or passage being twelve (12)
feet in width and extending from Pa. Route 94 across the above
described two tracts of land of the Grantor herein in'a northerly
direction to the property now or formerly of Charles C. May and
Gloria J. May, his wife, Cumberland County Tax Parcel No. 13-
1224-14. The general location of the right-of-way is.depicted
upon a sketch prepared by the Grantor, which is attached hereto,
made a part hereof.and marked Exhibit "A".
40[ 134-
PROVIDED, HOWEVER, that the Grantor shall not be required to
share in any cost of maintaining and improving the said roadway.
The Grantees may, at their own expense, maintain and improve the
roadway, but shall not remove, damage or destroy any live tree or
vegetation more than three inches in diameter without written
permission of the Grantor nor relocate the road in any manner.
THE GRANTOR FURTHER reserves the right to relocate the road
upon his property should it become desirable or necessary, in
which event the Grantee shall use the road es relocated by the
Grantor.
By acceptance and recording of this Agreement of easement
and right-of-way, the Grantee herein, does hereby release, remise
and forever discharge any claim for damages for personal injury
or property damage which may result from any accident or
occurrence upon ~he property of the Grantor, caused by any
hazardous or dangerous condition existing upon such property.
The parties hereto are and shall remain legally bound by the
promises and covenants contained herein and further, this
Agreement shall be and remain binding upon the heirs, executors,
administrators and assigns of the parties hereto.
( ) 00K 40 t PACE 13,5
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
WITNESSES:
Shirle4F ~ Watson
GRANTORS
Otto, ~r.
Donna M. Otto
GRANTEES
nook 40 l eAGE 13¢-;
Stme of Pennsylvania ~ ,,~, ~:.
Recorded in the office for the recording of D.~*:.~,~*~
em m ~nd for Cum~dand ~unW, Pa. X= , ~?~'~" ~':&~
~,..,.s~ ~v ha,~ ..d s..~ of omc. ~ . ~:~
n~rd~ ~ '" ~'~
/
I
I',AA Y
LoT
,,4- A CR~. 'S
Lo~' ~. fo
Verification
We, Robin L. Scherer and Michael A. Scherer, verify that the statements made in
the foregoing PETITION TO OPEN PRIVATE ROAD are true and correct to the best of
our knowledge, information and belief. We undemtand Ihat false statements herein are
made subject to the penalties of t8 Pa. C.S.A. ~4904, relating to unswom falsification
to authorities.
Date:
Michael A. Scherer
JUSt'8 2004
IN RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN
SOUTH MIDDLETON
TOWNSHIP,
PENNSYLVANIA
ROBIN L. SCHERER and
MICHAEL A. SCHERER,
Petitioners
RANDALL K. WATSON and
DEEN D. WATSON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004- -~.'~/-,-~ CIVIL TERM
CIVIL ACTION-LAW
RULE TO SHOW CAUSE
AND NOW, this -~ Li' day of June, 2004, upon review of the attached Petition
for Rule to Show Cause Pursuant to 36 P.S.§§ 2731, et. ,'~eq., a Rule is issued against
the Respondents, Randall K. Watson and Deen D. Watson, to show cause, if any there
be, why the relief requested in the petition should not be granted.
Rule returnable 20 days from date of service.
IN RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN
SOUTH MIDDLETON
TOWNSHIP,
PENNSYLVANIA
ROBIN L. SCHERER and
MICHAEL A. SCHERER,
Petitioners
RANDALL K. WATSON and
DEEN D. WATSON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2768 CIVIL TERM
CIVIL ACTION-LAW
_PRAECIPE TO DISCONTINU_.~E
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having ,been settled and
discontinued.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: ?'
mas.dir/land/discontinue.pra
Michael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
_CERTIFICATE OF SERVICE
I, Michael A. Scherer, Esquire, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Praecipe to Discontinue to be served
upon the person and in the manner indicated below:
First Class Mail, Postage Prep-qid, To:
Deen D. Watson
830 Forge Road
Carlisle, PA 17013
Date: '7 · fi'-'oh
Randall K. Watson
771 South Humer Road
Enola, PA 17025
Michael A. Scherer, Esquire