HomeMy WebLinkAbout11-1703
IN RE: : IN THE COURT OF COMMON PLEAS OF
LAYING OUT AND OPENING : CUMBERLAND COUNTY, PENNSYLVANIA
A PRIVATE ROAD IN PENN
TOWNSHIP, PENNSYLVANIA : CIVIL ACTION -- EQUITY
ROBERT S. OVER,
Petitioner, :NO. CIVIL TERM ,
v.
r r ,
GARY L. PAXTON te. sTt r=-
rn
Respondent, -<>
NOTICE
TO RESPONDENT NAMED HEREIN:
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 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 Petition or for any other claim or
relief requested by the Petitioner. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
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office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By. ?14 -
Dou as G iller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Petitioner,
Robert S. Over
Date: February 7, 2011
IN RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN PENN
TOWNSHIP, PENNSYLVANIA
ROBERT S. OVER,
Petitioner,
V.
GARY L. PAXTON
Respondent,
AND NOW, this day of
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- EQUITY
NO. CIVIL TERM
ORDER
2011, upon review
of the attached Petition for Rule to Show Cause Pursuant to 36 P.S. §§2731 and 2732, and upon
the motion of Douglas, G. Miller, Esquire, a hearing will be held on the issues raised in the
attached Petition on the day of , 2011, at
.M., in Courtroom No. , Cumberland. County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT:
J.
IN RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN PENN
TOWNSHIP, PENNSYLVANIA
ROBERT S. OVER,
Petitioner,
V.
GARY L. PAXTON
Respondent,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- EQUITY
NO. CIVIL TERM
PETITION FOR RULE TO SHOW CAUSE PURSUANT TO
36 P.S. §§2731 AND 2732
AND NOW, comes your Petitioner, Robert S. Over, who herein petitions the Court for
the opening and laying of a private road and avers the following:
1. The Petitioner is Robert S. Over, an adult individual who resides in the Borough
of Newville, Cumberland County, Pennsylvania.
2. The Petitioner is the owner of a landlocked parcel of real estate which is more
fully described in that Deed attached hereto, made part hereof, and incorporated herein by
reference as Exhibit "A", being recorded at Instrument #201023820 of the Cumberland County
Recorder of Deeds.
3. The subject real estate is a tract of land containing approximately 5.9807 acres
and is further identified by tax parcel identification number 31-13-0112-299 (hereinafter referred
to as the "Property" or "landlocked parcel').
4. Also as part of Exhibit "A" and recorded with the Deed is a property survey
performed by Eric L. Diffenbaugh, PLS, dated July 8, 2010.
5. Respondent Gary L. Paxton is an adult individual. who holds title to the real estate
which separates the landlocked parcel from access to Beetem Hollow Road, which is located to
the east of both the Property and the above-named Respondent's properties.
6. The last known address of the above named Respondent is 180 Beetem Hollow
Road, Newville, Cumberland County, Pennsylvania 17241.
7. On or about August 6, 2010, correspondence was sent to the Respondent with
regard to the purchase of the Property by Petitioner, requesting that the Respondent contact the
undersigned legal counsel in an effort to resolve the lack of access to the Property. A true and
correct copy of the letter dated August 6, 2010, is attached hereto and incorporated herein as
Exhibit "B."
8. While the letter attached as Exhibit "B" was not returned, Respondent did not
contact the undersigned attorney or otherwise agree to provide access to the Property for
Petitioner.
9. There is no reasonable road or access from the Property to a public highway or
place where Petitioner would have a reasonable means of ingress to and egress from the Property
onto a public highway.
10. Without such a private road, the Petitioner is unable to access or use said Property
without undue burden and hardship.
2
11. The landlocked nature of the Property necessitates a private road be constructed
over one or more of Respondents' properties, so that Petitioner may have access to the closest
public road, namely Beetem Hollow Road.
12. No other reasonable means of ingress to and egress from the Property onto a
public road or highway exists in the absence of a private road to Beetem Hollow Road.
13. The most convenient and reasonable location for a roadway or access way from
the lands of Petitioner to the public highway is over the lands of the Respondent.
14. As shown on the survey attached as part of Exhibit "A," Respondent's existing
driveway already is close to the southern boundary line of the Property and provides direct
access to Beetem Hollow Road.
15. Petitioner has been unable to obtain a grant of an easement and/or right-of-way
from the Property to the public highway from the Respondent.
16. Petitioner requests that a private road be laid out and opened on and over the land
of the Respondent.
17. No judge has previously been assigned to this matter.
WHEREFORE, Petitioner respectfully requests your Honorable Court:
(a) To appoint a Board of Viewers pursuant to 36 P, S. §2731 to determine if a right-
of-way is necessary to permit Petitioner access to a public road; and
3
(b) That, upon a finding by the Board of Viewers that the requested private road is
necessary, the Court permit the opening of the private road and specify the
location and breadth of the road to be opened pursuant to 36 P.S. §2732; and
(c) To determine the extent of the amount of damages, if any, suffered by the
Respondent.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By:
Dou as G iller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Petitioner,
Robert S. Over
Date: February 7, 2011
4
VERIFICATION
The foregoing document is based upon information which 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. Section
4904, relating to unsworn falsification to authorities.
QLA'!?;A'
RO ERT S. OVER
Date: February 7, 2011
AN
EXHIBIT "A"
,:;,),Do ow
Salzmann Hughes, PC
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
(717) 249-6333
TAX PARCEL NO. 31-13-0112-299
THIS DEED,
MADE THE 17?v?ay of August in the year two thousand ten (2010),
111iiiiiiiIIII
BETWEEN THOMAS H. McCULLOUGH and AILEEN S. McCULLOUGH,
husband and wife, of Newville, Cumberland County, Pennsylvania,
hereinafter called Grantors,
AND ROBERT S. OVER, married man, of Newville, Cumberland County,
Pennsylvania, hereinafter called Grantee,
WITNESSETH, that in consideration of the sum of TWENTY THREE
THOUSAND and 00/100 ($23,000.00) 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 of land situate in Perin Township, Cumberland County,
Pennsylvania, pursuant to a Property Survey for Thomas H. McCullough, dated July 8, 2010,
prepared by Eric L. Diffenbaugh, RPLS and attached hereto, the same being more
particularly described as follows:
BEGINNING at an iron pin set and stones along the northern edge of an existing
gravel driveway, said driveway is connected to Beetem Hollow Road; thence along the
dividing line between lands now or formerly of Thomas H. McCullough & Aileen S.
McCullough and Gary L. Paxton, and parallel to an existing 11 foot gravel driveway, South
85 degrees 37 minutes 12 seconds West 359.70 feet to existing iron pin and stones; thence
along lands now or formerly of Gary L. Paxton, North 03 degrees 35 minutes 22 seconds
West 727.55 feet to a set iron pin and stones; thence along lands now or formerly of Wayne
E. Stevenson, Jr. and Kathleen Stevenson, North 86 degrees 39 minutes 17 seconds East
359.70 feet to set iron pin and stones; thence along lands now or formerly of Andrew P.
Keiser and Bryan D. Goodhart & Patricia Goodhart, South 03 degrees 35 minutes 13
seconds East 721.05 feet to a set iron pin and stones, the place of BEGINNING.
CONTAINING 5.9807 acres.
BEING the same premises, as set forth as Tract No 2, which was conveyed by
Mary L. McCullough, widow; John M. McCullough and Minnie McCullough, his
wife; Tabitha M. Gross and Paul Gross, her husband; Mary L. Kennedy and Robert
Kennedy, her husband; Samuel W. McCullough, single man; Sara Jane Cohick and
Wayne Cohick, her husband; and Thomas H. McCullough and Aileen S.
McCullough, his wife, by Deed dated October 15, 1973, and recorded on November
5, 1973, in the Office of the Recorder of Deeds in and for Cumberland County in
Record Book K, Volume 25, Page 345, to Thomas H. McCullough and Aileen S.
McCullough, his wife, Grantors herein.
UNDER AND SUBJECT to any existing covenants, easements,
encroachments, conditions, restrictions, notations and agreements affecting the
property, visible or of record.
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 and year first above written.
Signed, Sealed and Delivered
in the presence of
THOMAS H. McC LLOUGH
AILEEN S. McCULLOUGH
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: ss.
On this, the D?-- day of August, 2010, before me, the undersigned officer,
personally appeared Thomas H. McCullough and Aileen S. McCullough, his wife,
known to me (or satisfactorily proven) to be the persons whose names are subscribed
to the within instrument, and acknowledged that they executed same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and
?c ^retr
Nahadai Seal
i["'Ca%d:We YICi1JYG
Kam S. Noel, Notary Rblic
Boro, Curnbc;riartd Count MY Comission DOW Dec. 8,
Member, pennGY1V-,- ?ssccia;ior. of wo:4.?es
seal.
Public
I do hereby certify that the precise residence and complete p st office address
13 IVA
of the within named Grantee is: O N? ??'J
Date: 7 oY4/0 •
Attorney r Grantee
SALZMANN HUGHES, P.C.
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
0 150 ADO 450
SCALE: 1 150'
Wayne E. Jr. do Kathleen Stevenson
Deed Soak 34-1 Page 939 £X. STONE
S 86'39'17" W 359,70' N 86'39'17" E 455.62' PILE
' N 88.39'17' E R-°
387.75
I SET I.P.
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Ex t 112'
& STONES PIPE
Uf Andrew P. Keiser
z Deed Book 200919261
41 t7!
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a
THOMAS H. MCCULLOUGH &
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84
AIEEN S. MCCULLOUGH CID LEGEND
w ,- DEED BOOK 25-K PAGE 345 v
+ ° M P.K. NAIL PARKER KALON NAIL
e CONTAINING 5.9807 ACRES mo I.P. IRON PIN
RRS RAILROAD SPIKE
C.M. CONCRETE MONUMENT
$
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EX. EXISTING
4 E, N/F NOW OR FORMERLY
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PROPERTY LINE
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EX. STOOVE 382.52' `fy
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Cory L. Paxton
page 9J2
?Troet No.
I HEREBY CERTIFY THE INFORMA11ON
ON THIS PLAN TO BE CORRECT
Scale
1" = 150' ERIC L. DIFFENBAUGH
Date PROFESSIONAL LAND SURVEYOR
JULY 8, 2010 25 BROAD STREET
File No. PHONE: (717) 776-6420 NEWLLE. PA 17241 FAX: (717) 775-9277
10023
Drawing Name PENN TOWNSHIP - CUMBERLAND COUNTY - COMMONWEALTH OF PENNSYLVANIA
'0023 - SURVEY PROPERTY SURVEY FO
Drawn B R
y
J.M.C.
Checked By T H C7 M AS H.
E.LD.
Sheet No. McCULLOUGH
1 OF 1
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201023820
Recorded On 8/26/2010 At 2:54:19 PM
* Instrument Type - DEED
Invoice Number - 71622 User ID - KW
* Grantor - MCCULLOUGH, THOMAS H
* Grantee - OVER, ROBERT S
* Customer - I&M REAL ESTATE
* FEES
STATE TRANSFER TAX $230.00
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
BIG SPRING SCHOOL $115.00
DISTRICT
PENN TOWNSHIP $115.00,
TOTAL PAID $522.00
* Total Pages - 5
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
*C-,--
?s A7d'
RECORDER O
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
111111111111111111111111111
EXHIBIT "B"
LAW OFFICES
IRMN & McKNIGHT, P. C.
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET HAROLD S. IRWIN (1915-1977)
ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 HAROLD S. IRWIN, JR. (1954-1986)
MARCUS A. MdOVIGHT, III IRWIN, IRWIN & IRWIN (1956-1986)
DOUGLAS G. MMLER (717) 249-2353 IRWIN, IRWIN & McKNIGHT (1986.1994)
STEPHENL. BLOOM FAX (717) 249-6354 IRWIN, McKNIGHT & HUGHES (1994-1003)
MATTHEW A. MdOVIGHT WWW.IRWINMCKNIGHT.COM IRWIN & McKNIGHT (2003-1008)
August 6, 2010
GARY L. PAXTON
180 BEETEM HOLLOW ROAD
Py
NEWVILLE, PA 17241
RE: VACANT LAND OFF BEETEM HOLLOW ROAD
TAX I.D.#: 31-13-0112-299
Dear Mr. Paxton:
Our firm represents Mr. Robert Over, with regard to his purchase of the above-referenced
property from Thomas H. and Aileen S. McCullough. It is my understanding that Mr. Over has
attempted to speak with you directly, but that you declined his request. Accordingly, I am
sending this correspondence in an attempt to outline certain legal issues that I believe are
involved, and also in an attempt to reach an amicable agreement and avoid costly litigation.
As you may already be aware, the McCulloughs own certain acreage that borders your
property off of Beetem Hollow Road. Mr. Over is in the process of purchasing that property.
Research of the courthouse records, however, has not revealed the existence of any written
easement or right-of-way from Beetem Hollow Road to the McCullough's property. In such a
situation, Pennsylvania law permits a party to have a private road created for the benefit of
landlocked property.
Based upon prior trips to inspect the property, it appears to my client that the closest, and
perhaps only existing means of reaching the property is along a portion of the road used to reach
your home. If that assessment is correct, any petition for a private road will necessarily need to
include you as a party.
Upon the filing of a petition for a private road, a Board of Viewers is appointed by the
Court to view the property and hold hearings to determine if a property is landlocked and the
location where a private road should be located. The factors to be considered by the Board of
Viewers include the best ground, the shortest distance, and the location that will cause the least
damage to private property. Under the law in Pennsylvania, a Board of Viewers has broad
authority to make determinations as to the laying out of a private road. As your existing gravel
driveway is only feet from the subject property, I believe that your driveway access is the most
likely location for a private road to be imposed.
GARY L. PAXTON
RE: VACANT LAND OFF BEETEM HOLLOW ROAD
August 6, 2010
Page 2 of 2
Rather than having all sides expend significant funds to litigate this matter in the court
system, however, Mr. Over has requested that I make an additional attempt to contact you. If
you are willing to discuss this matter, I am certainly willing to draft an easement agreement to
provide clear terms and guidelines for the use by Mr. Over of part of the existing driveway.
These terms should cover issues such as sharing of the use, maintenance, and upkeep of the road.
Mr. Over is willing to provide monetary and practical assistance to you for all of these issues.
In the event that an amicable agreement cannot be reached, however, I am prepared to
recommend that Mr. Over immediately proceed with the filing of the necessary petition for a
private road. I trust that such action will not prove necessary, but instead that you will find that
Mr. Over is a reasonable and helpful neighbor. Please do not hesitate to contact my office with
any questions or concerns, or have your legal counsel do the same. Otherwise if we do not hear
from you, I anticipate that Mr. Over will be moving forward as I have outlined above at the end
of the month.
Very truly yours,
IRWIN & McKNI'IGHT, P.C.
Doug]. G. Miller
DGM:tds
cc: Robert S. Over
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ` 1L E0 E F 17
Sheriff
?gl?WtY? y? L3UII ?Ip?1.Y??!?
Jody S Smith „;,
Chief Deputy 2011, 1 FF I Z A I! 0
Richard W Stewart C B 0"U f
Solicitor -
PENN S ?"? ?t411\ N i z?.
Robert S. Over
vs. Case Number
Gary L. Paxton 2011-1703
SHERIFF'S RETURN OF SERVICE
02/15/2011 04:56 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
February 15, 2011 at 1656 hours, he served a true copy of the within Notice and Petition for Rule to Show
Cause, upon the within named defendant, to wit: Gary L. Paxton, by making known unto himself
personally, at 180 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania 17241 its contents
and at the same time handing to him personally the said true and correct copy of the same.
Ale,
GERALD WORTH INGTotgbEPUTY
SHERIFF COST: $39.24
February 16, 2011
SO ANSWERS,
6 '?'
RON R ANDERSON, SHERIFF
IN RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN PENN
TOWNSHIP, PENNSYLVANIA
ROBERT S. OVER,
Petitioner,
V.
GARY L. PAXTON
Respondent,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- EQUITY
NO. CIVIL TERM
ORDER
AND NOW, this day of 2011, upon review
of the attached Petition for Rule to Show Cause Pursuant to 36 P.S. §§2731 and 2732, and upon
the motion of Douglas, G. Miller, Esquire, anhearing will be held on the issues raised in the
attached Petition on the o day of ` d , 2011, at
3 J "W / .M., in Courtroom No. Cumberland County Courthouse, Carlisle,
Pennsylvania.
?Q.e G. M i Iler, ?q„
94L. Paxton,
FW - c?&--e
6? -lie ?ra?Gione ?
.2411 F=? 1-5 PM a '7
Cu µberlana? ?'?,,.?
??nhsylva.?ra.
BY THE COURT:
IN RE: IN THE COURT OF COMMON PLEAS OF
LAYING OUT AND CUMBERLAND COUNTY, PENNSYLVANIA
OPENING A PRIVATE
ROAD IN PENN TWP., PA
ROBERT S. OVER,
Petitioner
CIVIL ACTION - EQUITY
C11
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VS.
GARY L. PAXTON,
Respondent
: NO. 11-1703 CIVIL
i
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IN RE: PETITION TO APPOINT A BOARD OF VIEWERS
ORDER
AND NOW, this day of April, 2011, the Court being satisfied that the issues
raised by the respondent are premature, the within petition to appoint a Board of Viewers is
GRANTED. The Court hereby appoints the following individuals as a Board of Viewers
pursuant to the Private Roads Act, 36 P.S. § 2831, to determine if a right-of-way is necessary to
permit Petitioner access to a public road and further if the Board of Viewers finds the requested
road is necessary, specify the location and the breadth of the road to be opened pursuant to the
Private Roads Act, 36 P.S. § 2732:
1. William A. Duncan, Esquire, Chairman
2. Fred Heffelfinger
3. James Sheya
BY THE COURT,
??ou?Iks I/Ie ?s .
a
?a? ?5 N1. 02od.`N son, ?sdr.
(A)jliam A- nune?n, 65f
?d?ies Ala-led q11 /11
-1/
Kevin ,A. Hess, P. J.
William A. Duncan, Esquire
Douglas G. Miller, Esquire
For the Petitioner
James M. Robinson, Esquire
For the Respondent
Am
CONCLUSION
The matters at issue have been settled by mutual consent of the parties and the Board of
View having performed duties related to its appointment prior to said settlement. An invoice and Bill
of Cost is hereby submitted to the Court.
BILL OF COSTS
William A. Duncan, Esq., Chairman
1 Irvine Row
Carlisle, PA 17013
Mr. R. Gary Sausser
1306 Bosler Place
Carlisle, PA 17013
James Sheya
433 Mooreland Avenue
Carlisle, PA 17013
6 Days @ $ 375 = $ 2,250.00
Certified Mail 4 Notices x 5.54 = 22.16
Certified Mail 2 Notices x 5.75 = 11.50
First Class Mailings 4 x .44 = 1.76
First Class Mailings 2 x .45 = .90
Total = $ 2,286.32
3 Days @ $250 =$ 750.00
Total = $ 750.00
3 Days @ $250 = $ 750.00
Mileage 29 mi. x.50 = 14.50
Total = $ 764.50
Total Cost of Viewers $ 3,800.82
. William A. Duncan
Sip-natures:
IN RE: IN THE COURT OF COMMON PLEAS OF
LAYING OUT AND CUMBERLAND COUNTY, PENNSYLVANIA
OPENING A PRIVATE
ROBERT S. OVER,
Petitioner
vs.
GARY L. PAXTON
Respondent
CIVIL ACTION - EQUITY
NO. 11-1703 CIVIL
NOTICE OF FILING OF REPORT OF VIEWERS
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Mr. R. Gary Sausser
1306 Bosler Place
Carlisle, PA 17013
James M. Robinson, Esq.
28 S. Pitt Street
Carlisle, PA 17013
Mr. James P. Sheya
433 Mooreland Avenue
Carlisle, PA 17013
William A. Duncan, Esq
1 Irvine Row
Carlisle, PA 17013
-.,., w..- - 1
Enclosed herein please find report of the Board of View datedl
f '
2012, concerning the determination the laying out and opening of a private road in Penn
Township, Cumberland County. The report shall be filed in the Office of the Prothonotary of the
Court of Common Pleas for Cumberland County on L 2012.
The report shall become final unless an appeal therefrom is i d within thirty (30? days from the
date of the report is filed.
Board of View
\A A-
William A. Duncan, Chairman
Board of View
IN RE: IN THE COURT OF COMMON PLEAS OF
LAYING OUT AND CUMBERLAND COUNTY, PENNSYLVANIA
OPENING A PRIVATE
ROBERT S. OVER,
Petitioner
VS.
GARY L. PAXTON
Respondent
CIVIL ACTION - EQUITY
NO. 11-1703 CIVIL
REPORT OF CHAIRMAN OF VIEWERS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
The undersigned Chairman of Viewers respectively reports:
PROCEDURAL HISTORY OF THE VIEWERS
1. By Order of Court of April 1, 2011, the Court appointed William A. Duncan,
Esq., Chairman, James Sheya and Fred Heffelfiner as a Board of Viewers to determine laying out
and opening a private road over property located in Penn Township, Cumberland County, PA.
Chairman Duncan called Judge Hess to request a new Order replacing Fred Heffelfinger, who is
ill, with R. Gary Sausser. See Exhibit "A" attached.
2. On April 4, 2011, a letter and calendars to set up a View were sent to counsel
and members of the Board of View. See Exhibit "B" attached.
3. On April 8, 2011 a Notice of View was provided to counsel and members of the
Board of View scheduling a site view of the property for June 16, 2011. See Exhibit "C"
attached.
4. On June 16, 2011, the property was viewed by counsel and members of the Board
of View.
5. On October 6, 2011, a Notice of Hearing was provided to counsel and members of
the Board of View scheduling a Hearing for December 6, 2012 in the Second Floor Court Room
of the Old Cumberland County Courthouse. See Exhibit "D" attached.
6. On December 6, 2011, a Hearing was held on this matter.
7. On January 6, 2012, James M. Robinson, Esq. provided a Memorandum on behalf
of Respondent Gary L. Paxton. See Exhibit "E" attached.
8. On January 30, 2012, a Notice of Hearing was provided to counsel and members
of the Board of View scheduling a Hearing for March 15, 2012 in the Second Floor Court Room
of the Old Cumberland County Courthouse. See Exhibit "F" attached
Page 2
9. On March 15, 2012, a Hearing was held in this matter.
10. On May 10, 2012, Chairman Duncan sent a letter to counsel requesting a status
update. See Exhibit "G" attached.
11. On June 5, 2012, Douglas G. Miller, Esq. sent a copy of the signed Easement and
Maintenance Agreement completing this case. See Exhibit "H" attached.
12. Therefore, in accord with letter of June 5, 2012, this Case is Concluded. The
Board is returning the file to the Cumberland County Prothonotary's Office and is presenting a
Bill of Costs, as the matter has been resolved by mutual agreement of all parties.
13. The Board of View should be vacated by an Order of Court (Proposed Order
attached) and its Bill of Costs approved for payment.
Respectfully submitted,
William A. Duncan, Esq., Chairman
IN RE: IN THE COURT OF COMMON PLEAS OF
LAYING OUT AND CUMBERLAND COUNTY, PENNSYLVANIA
OPENING A PRIVATE
ROAD IN PENN TWP., PA
ROBERT S. OVER,
Petitioner
vs.
GARY L. PAXTON,
Respondent
: CIVIL ACTION - EQUITY
NO. 11-1703 CIVIL
IN RE: PETITION TO APPOINT A BOARD OF VIEWERS
ORDER
AND NOW, this day of April, 2011, the Court being satisfied that the issues
raised by the respondent are premature, the within petition to appoint a Board of Viewers is
GRANTED. The Court hereby, appoints the following individuals as a Board of Viewers
pursuant to the Private Roads Act, 36 P. S. § 2831, to determine if a right-of-way is necessary to
permit Petitioner access to a public road and further if the Board of Viewers finds the requested
road is necessary, specify the location and the breadth of the road to be opened pursuant to the
Private Roads Act, 36 P.S. § 2732:
1. William A. Duncan, Esquire, Chairman
2. Fred Heffelfinger
3. James Sheya
TRUE COPY FROM RECORD
in Testimony whereof, ) here unto set my hand
and the seal of said Court at C lisle, Pa.
This / day o(??,of '20 // _
Prothonotary
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BY THE COURT,
Kevin A. Hess, P. J.
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James M. Robinson, Esquire
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Duncan & Hartman, P.C.
Attorneys at Law
One Irvine Row
Carlisle, Pennsylvania 17013
William A. Duncan
Susan J. Hartman
April 4, 2011
Douglas G. Miller, Esq.
60 west Pomfret Street
Carlisle, PA 17013
James M. Robinson, Esq.
28 S. Pitt Street
Carlisle, PA 17013
RE: View of Property
IN RE: Laying Out and Opening of a Private Road
Civil Action No. 11-1703 Civil Term
Dear Counsel:
(717) 249-7780
FAX (717) 249-7800
dhlaw@pa.net
We would like to schedule a View on the above captioned matter in either May or
June. The Board prefers either Tuesdays or Thursdays.
Please mark dates on the enclosed calendars that you would not be available for
the View and return it to my office via mail or fax.
Thank you for your attention to this request.
WAD/jda
Enclosure
CC: James Sheya
Gary Sausser
Yours truly,
DUNCAN & HARTMAN, P.C.
William A. Duncan, Esq.
iJ
IN RE: IN THE COURT OF COMMON PLEAS OF
LAYING OUT AND CUMBERLAND COUNTY, PENNSYLVANIA
OPENING A PRIVATE
CIVIL ACTION - EQUITY
ROBERT S. OVER,
Petitioner NO. 11-1703 CIVIL
VS.
GARY L. PAXTON
Respondent
N077CE OF V/EMr
TO:
James M. Robinson, Esq. Douglas G. Miller, Esq.
28 S. Pitt Street 60 west Pomfret Street
Carlisle, PA 17013 Carlisle, PA 17013
Mr. R. Gary Sausser Prothonotary's Office
1306 Bosler Place Cumberland County Courthouse
Carlisle, PA 17013 One Courthouse Square
Carlisle, PA 17013
Mr. James P. Sheya William A. Duncan, Esq.
433 Mooreland Avenue 1 Irvine Row
Carlisle, PA 17013 Carlisle, PA 17013
NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of
Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and
Gary Sausser, directing them to determine if a right-of-way is necessary to permit
access to a private road. The Viewers will meet at the premises on Thursday, June 16,
2011, at 9:30 A.M. for the performance of their duties under said Order. All parties
interested may attend at said time and place to accompany the said Viewers and
present their objections.
Date: 1914 r 0 1? . 2011
By:
William A. Duncan, Esquire
Chairman, Board of View
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IN RE: :
LAYING OUT AND
OPENING A PRIVATE
ROBERT S. OVER,
Petitioner
vs.
GARY L. PAXTON
Respondent
TO:
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
James M. Robinson, Esq.
28 S. Pitt Street
Carlisle, PA 17013
Mr. James P. Sheya
433 Mooreland Avenue
Carlisle, PA 17013
Mr. R. Gary Sausser
1306 Bosler Place
Carlisle, PA 17013
Prothonotary's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
William A. Duncan, Esq.
1 Irvine Row
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 11-1703 CIVIL
NOTICE OF HEARING
z
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NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of
Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and
R. Gary Sausser, directing them to determine the laying out and opening a private road
in Penn Township. The Viewers will meet in the Second Floor Court Room of the Old
Cumberland County Courthouse on Tuesday, December 6, 2011, at 9:30 A.M., for the
performance of their duties under said Order. All parties interested may attend at said
time and place to accompany the said Viewers and present their objections.
Date: l /0V 2011
By:-UA416????
William A. Duncan, Esquire
Chairman, Board of View
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James M. Robinson, Esq.
28 S. Pitt'Street
Carlisle, PA 17013
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Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
OCT 07 2011
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Turo Robinson
Attorneys at Law
RON TURD, Esquire - Of Counsel
JAMES M. ROBINSON, Esquire
LORIN A. SNYDER, Esquire
PAUL M. FERGUSON, Esquire
JESSICA E. BREWBAKER, Esquire
DANIEL L. PUSKAR, Esquire
MEMORANDUM
TO: Board of Viewers
FROM: James M. Robinson, Esquire
COPY TO: Douglas G. Miller, Esquire
DATE: January 6, 2012
RE: Robert S. Over v. Gary L. Paxton
Civil Action - Equity
No. 11-1703 Civil
www.turorobinson.com
129 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 245-9688
(800) 562-9778
Fax (717) 245-2165
Pursuant to instructions from the Board of Viewers ;tt the hearing held December
7, 2011 in the referenced matter, below are proposed findi igs of fact and law presented
on behalf of the Respondent, Gary L. Paxton.
Proposed Findings of Fact:
1. Robert S. Over is the owner of a six (6) acre parcel of land bearing tax parcel ID
No. 31-13-0112-299, by reason of a deed recorded in the CIfice of the Recorder of
Deeds of Cumberland County, Pennsylvania, at Instrument No. 201023820, which
property is landlocked.
2. Gary L. Paxton is the owner of two (2) parcels of land, the first bearing tax parcel
ID No. 31-13-0112-038 by reason of a deed recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, at Deed Book 34-V, Page 0932, and the
second bearing tax parcel ID no. 31-13-0112-037, by reason of a deed recorded in the
same office at Deed Book 187, Page 0036.
3. Prior to purchasing his parcel, Mr. Over was advised by Mr. Paxton and others
that the parcel was landlocked.
t
ain access to his property.
4. Mr. Over relies on the P r
+ 6 IJ
5. The private road proposed by Mr. Over will burden two (2) separate parcels of
land.
6. The driveway over which Mr. Over proposes the private road be established was
installed and has been maintained by Mr. Paxton at his sole cost and expense.
7. Maintenance of the entire driveway is essential because water running down the
steeper upper portion tends to wash away the more level lower portion.
8. Mr. Paxton has incurred costs and attorney's fees of approximately $1,325.00 to
date in defending this matter.
Applicable Law:
1. The Private Roads Act, 36 P.S. § 2731, authorizes courts, upon the petition of
one or more persons requesting a road from their lands to a highway, to appoint a board
of view to determine the necessity and location of a private road and to provide a report
to the court.
2. If the board of view determines that a road is necessary, the private roadway
shall be laid out considering the shortest distance, the best ground for a road, and in a
manner which will cause the least damage to private property. 36 P.S. § 1785.
3. At Section 2732, the Private Roads Act requires that, if a road is deemed to be
necessary by the board of view, the court shall determine the breadth of the road and
have the proceedings entered of record, at which time the road shall be deemed and
taken to be a lawful private road.
4. However, "The breadth of a private road shall not in any case exceed twenty-five
feet," 36 P. S. § 1901.
5. Courts have held that matters brought pursuant to the Private Roads Act are in
the nature of eminent domain proceedings. Clair v. Panko, et al., 2009 Pa. Commw.
Unpub, LEXIS 38, citing Benner v. Silvis, 2008 PA Super 103, 950 A.2d 990 (Pa. Super.
2008); Mandracchia v. Stoney Creek Real Estate, 113 Pa. Commw. 510, 576 A.2d
1181 (Pa. Cmwlth. 1990).
6. The Private Roads Act, at 36 P.S. § 2736, states that "The damages sustained
by the owners of the land through which any private road may pass shall be estimated
in the manner provided in the case of a public road, ..."
7. Compensation for takings under the Private Roads Act is determined using
procedures and measurement of damages set forth in the Eminent Domain Code, 26
Pa. C.S.A. §§ 101-1106. Benner v. Silvia, 2008 PA Super 103, 950 A.2d 990, at 993
(Pa. Super 2008).
8. Under the Eminent Domain Code, compensation for the taking shall be the
difference between the fair market value of the entire property before the condemnation,
as unaffected by the taking, and the fair market value of the entire property immediately
after the taking and as affected by the condemnation. 26 Ps. C.S.A. § 702(a).
9. Section 710 of the Eminent Domain Code, 26 Pa. C.S. § 710(a), provides that
the owner or real property injured by a taking, if not eligible for reimbursement of fees
under other provisions of the Code, shall be reimbursed in an amount not to exceed
$4,000.00 for reasonable expenses actually incurred for appraisal, attorney and
engineering fees.
10 Leichter v. Eastern Realty Co., 358 Pa. Super. 189, 196-197, 516 A.2d 1247
(1986), states that "An easement holder is a possessor of land with corresponding
duties and obligations to maintain the land used."
Summary:
Because the Over parcel is landlocked, Mr. Over is entitled to a private road
under the Private Roads Act. The need and location are determined by the Board of
Viewers, who also recommends to the court the amount of compensation to be paid to
Mr. Paxton for the easement. This is a taking similar in nature to eminent domain. The
compensation should be determined according to the Eminent Domain Code, which
states that the amount should be the difference in the value of the entire property before
the taking, unaffected by the easement, and the value of the property afterwards and
affected by the taking. The Eminent Domain Code also provides that Mr. Paxton should
be reimbursed for expenses actually incurred due to this action up to the amount of
$4,000.00.
Because we have not yet received the final drawing or specifications concerning
the requested location of the road, we are unable to provide the Board with our estimate
of compensation due. At the hearing to be scheduled in March, we will have a qualified
expert to testify as to the value of the taking.
With regard to maintenance of the private road after the taking, case law
indicates that each user is obligated to maintain the land. Because of the nature of this
land, we will request that Mr. Over be responsible for one-half (112) the cost of
maintaining the entire driveway, since water flowing from the top portion tends to wash
away its lower portion.
Respectfully submitted,
James M. obinson, Esquire
Attorney r the Respondent
IN RE:
LAYING OUT AND
OPENING A PRIVATE
ROBERT S. OVER;
Petitioner
vs.
GARY L. PAXTON
Respondent
TO:
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
James M. Robinson, Esq.
28 S. Pitt Street
Carlisle, PA 17013
Mr. James P. Sheya
433 Mooreland Avenue
Carlisle, PA 17013
Mr. R. Gary Sausser
1306 Bosler Place
Carlisle, PA 17013
Prothonotary's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
William A. Duncan, Esq.
1 Irvine Row
Carlisle, PA 17013
op
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 11-1703 CIVIL
NOTICE OF HEARING
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NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of
Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and
R. Gary Sausser, directing them to determine the laying out and opening a private road
in Penn Township. The Viewers will meet in the Second Floor Court Room of the Old
Cumberland County Courthouse on Thursday, March 15, 2012, at 9:30 A.M., for the
performance of their duties under said Order. All parties interested may attend at said
time and place to accompany the said Viewers and present their objections.
Date: d ? ??0 .2012
By: %--1
William A. Duncan, Esquire
Chairman, Board of View
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Duncan & Hartman, P.C.
Attorneys at Law
One Irvine Row
Carlisle, Pennsylvania 17013
William A. Duncan
Susan I Hartman
Douglas G. Miller, Esq.
60 west Pomfret Street
Carlisle, PA 17013
May 10, 2012
James M. Robinson, Esq.
28 S. Pitt Street
Carlisle, PA 17013
RE: View of Property
IN RE: Laying Out and Opening of a Private Road
Civil Action No. 11-1703 Civil Term
Dear Counsel:
The Board wants to complete its duties in the above captioned matter.
(717) 249-7780
FAX (717) 249-7800
dhlaw@pa.net
At the last Hearing the parties agreed to stipulations as to a resolution of this
matter.
We would appreciate an update as the Board would like to complete its duties.
Thank you for your attention to this request.
Yours truly,
DUNCAN & HARTMAN, P.C.
William A. Duncan, Esq.
WADrda
Enclosure
CC: James Sheya
Gary Sausser
C?(Opy
LAW OFFICES
IR WIN McKNiGHT, P. C.
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222
MARCUS A. McKNIGHT III
DOUGLAS G. MILLER (717) 249-2353
STEPHEN L. BLOOM FAX (717) 249-6354
MATTHEWA. McKNIGHT WWW.IRMNMCKNIGHT.COM
June 5, 2012
WILLIAM A. DUNCAN, ESQUIRE
ONE IRVINE ROW
CARLISLE, PA 17013
RE: OVER v. PAXTON
Docket No. 2011 - 1703
Dear Attorney Duncan:
HAROLD S. IRWIN (1925-1977)
HAROLD S. IRWIN, JR. (1954-1986)
IRWIN, IRWIN & IRWIN (1956-1986)
IRWIN, IRWIN & McKNIGHT (1986-1994)
IRWIN. McKNIGHT & HUGHF,S (1994-2003)
IRWIN & MCKNIGHT (2003-2008)
Enclosed please find a copy of the Easement and Maintenance Agreement signed by the
parties in this matter. I have recorded the original at the Cumberland County Recorder of Deeds
office. I believe this concludes this matter, so I would appreciate if you could notify the Court
accordingly.
Thank you for your service in this matter, and if you have any questions or need anything
further, please do not hesitate to contact me.
Very truly yours,
IRWIN & McKNIGHT, P.C.
?V
Dougl s G. Miller
DGM:tds
Enclosures
cc: James P. Sheya
R. Gary Sausser
James M. Robinson, Esquire (wl encl.)
Robert S. Over
31-13-0112-038
31-13-0112-031
31-13-0112-299
EASEMENT and MAINTENANCE AGREEMENT
'C11
This Agreement is made this a day of , 2012, by and between
GARY L. PAXTON, of 180 Beetem Hollow Road, Newville, Cumberland County,
Pennsylvania 17241 (hereinafter called GRANTOR); and ROBERT S. OVER, of 100 West Big
Spring Avenue, Newville, Cumberland County, Pennsylvania 17241 (hereinafter called
GRANTEE), all being owners of lands in Penn Township in Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS, GRANTOR owns two (2) certain tracts of land with certain improvements
known and numbered as 180 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania
17241, as more particularly set forth on that Deed dated October 29, 1990, and recorded in the
Office of Recorder of Deeds for Cumberland County in Deed Book 34, Volume "V," Page 932,
and that Deed recorded on October 14, 1998, in the Office of Recorder of Deeds for Cumberland
County in Deed Book 187, Page 36; and
WHEREAS, GRANTEE owns a certain tract of land without improvements containing
approximately 5.9807 acres and further identified by tax parcel identification number 31-13-
0112-299, as more particularly set forth on that Deed dated August 17, 2010, and recorded in the
Office of Recorder of Deeds for Cumberland County at Instrument No. 201023820; and
WHEREAS, GRANTOR presently obtains ingress, egress, and regress to his respective
lands over a driveway and road extending from the public route known as Beetem Hollow Road;
and
WHEREAS, the precise metes and bounds of the driveway and road extending from
Beetem Hollow Road are more precisely set forth in that Easement Plan for Robert S. Over by
Eric L. Diffenbaugh, PLS, dated March 20, 2012, and attached hereto and incorporated herein as
Exhibit "A," which Plan includes an extension of the existing road, which extension is
approximately fifty-five feet (55') in length and connects GRANTEE'S land with the existing
driveway and road, and which extension is to be constructed by GRANTEE at the location
mutually agreed upon by the parties; and
WHEREAS, GRANTEE instituted a certain private road action against GRANTOR in
the Court of Common Pleas of Cumberland County at docket number 2011 - 1703, seeking to
obtain access to GRANTEE'S landlocked property; and
WHEREAS, in full satisfaction of all claims of GRANTEE in the aforementioned action,
GRANTOR is desirous of conveying to GRANTEE an easement for the purpose of obtaining
access to his property from Beetem Hollow Road along the existing driveway and road; and
WHEREAS, the parties hereto are desirous of memorializing their agreement concerning
said easement as set forth herein.
NOW, THEREFORE, in consideration of the provisions of this Agreement, the mutual
promises contained herein, and intending to be legally bound hereby, it is mutually agreed as
follows:
1. All of the above recitals and attached exhibit shall be deemed to be an integral
part of this Agreement as though the same were fully set forth below and are therefore
incorporated by this reference.
2. For and in consideration of the sum of One and no/100 ($1.00) Dollar paid by the
GRANTEE to the GRANTOR, receipt of which is hereby acknowledged, and the mutual
promises contained herein and agreeing to be legally bound hereby, the GRANTOR, for himself,
and his successors and assigns, does hereby grant and convey to the GRANTEE, his heirs,
successors, and assigns, a non-exclusive perpetual easement and a free, uninterrupted and
unobstructed easement upon, under and across GRANTOR'S property for the purpose of ingress,
egress, regress, and utility access to and from GRANTEE'S property, by means of pedestrian,
vehicular, and other traffic.
3. The location of the easement is more particularly set forth on that Easement Plan
for Robert S. Over by Eric. L. Diffenbaugh, PLS, dated March 20, 2012, and attached hereto and
incorporated herein as Exhibit "A," and the width of said existing right-of-way extending from
the public route known as Beetem Hollow Road shall remain the same varying width of
approximately eleven feet (11') as it presently exists and shall not be significantly changed or
altered without the written consent of the undersigned, or their heirs, assigns, personal
representatives and successors in title.
4. GRANTEE shall be permitted and is responsible to construct the necessary
extension of the existing road, which extension is approximately fifty-five feet (55') in length
and connects GRANTEE'S land with the existing driveway and road, as to connect the driveway
with GRANTEE'S land, as more precisely set forth on the Easement Plan attached hereto as
Exhibit "A" at that location mutually agreed upon by the parties. If necessary, GRANTEE shall
include in the construction of the said extension of the existing road all appropriate drainage
facilities to ensure the integrity of the existing road.
5. GRANTEE shall be responsible to pay one-half of the cost for standard annual
maintenance, upkeep, and repair of that portion of the existing driveway used by GRANTEE to
2
access his property, and which is necessary to maintain the easement in its current condition.
Reasonable maintenance, upkeep, and repair shall include grading, fill, and stone replacement.
6. The parties further acknowledge the existence of a gate and lock at the bottom of
the identified easement near where it connects with Beetem Hollow Road. GRANTEE agrees to
ensure that the gate is closed and locked whenever he or an invitee use the driveway to access
GRANTEE'S property, and GRANTOR shall provide at least one (1) working key for the locked
gate to GRANTEE.
7. The parties acknowledge that the easement has not been accepted for dedication
or maintenance by any municipality as a public township road.
8. Except as may otherwise be provided for in this Agreement or agreed upon by the
parties hereto, no barriers, fences, curbs or other obstruction to the use of the aforesaid easement
shall be permitted, nor shall any automobiles, trucks, motor vehicles or other personal property,
nor any building or other structure be permanently parked, stored, constructed or permitted upon
any part of the easement.
9. The provisions and obligations of this Agreement shall run with the land and be
binding on the parties and subsequent purchasers of the properties, their successors, heirs,
executors, administrators and assigns, to the same extent as if they had been an actual party to
this Agreement, and reference to this Agreement is to be made in all subsequent deeds therefore.
10. The parties hereto agree to cooperate with the intent of this Agreement and use
their good faith efforts to ensure reasonable and open access across said easement and to ensure
compliance with the terms herein. In the event that the easement is prohibited or subsequently
curtailed by virtue of official written notification from any agency or subdivision of a governing
local, state or federal authority, the parties hereto mutually agree to cooperate to ensure that
reasonable and open access to their respective properties is provided.
11. Any amendment to this Agreement shall be in writing and signed by the
respective parties, their successors, heirs, executors, administrators or assigns.
12. This Agreement shall be interpreted and enforced in accordance with the laws of
the Commonwealth of Pennsylvania and in the event any term of this Agreement shall be held to
be invalid, illegal, or unenforceable in whole or in part, neither the invalidity of the remaining
part of such term, nor the validity of any other term of this Agreement shall in any way be
effected thereby.
13. The parties agree that this Agreement shall be recorded in the Office of the
Recorder of Deeds in and for Cumberland County and that all recording costs incurred in the
recording of this Agreement shall be paid by GRANTEE.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
3
IN WITNESS WHEREOF, this instrument has been executed by the undersigned on the
day and year first written above.
WITNESS:
(SEAL)
AR .PAXTON
"GRANTOR"
9e?- Ll? Q_(SEAL)
`?????? o^<Lr
ROBERT S. OVER
"GRANTEE"
4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS:
On this, the A6'-"day of ^?_ , 2012, before me the undersigned officer,
personally appeared GARY L. PAXTON, known to me (or satisfactorily proven) to be the
person whose name IS subscribed to the within instrument, and acknowledged that he executed
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
COMMONWEALTH OF PENNSYLVANIA
Notarial SW -?--1(SEAL)
James M. Robinson, Notary Public Public
Cadwe earo, Cumberland county ltft My cWff l W June 8, 2013
Member. Penn"" Assoddon of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS:
On this, the 30;1 day of Mfj , 2012, before me the undersigned officer,
personally appeared ROBERT S. OVER known to me (or satisfactorily proven) to be the person
whose name IS subscribed to the within instrument, and acknowledged that he executed same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
Notary Public
e3 - At.-,
NOWW Seel
Roger B. lrvWM Notary Publk
Car%sle Boro. cumbsrfand county
My Cwmtssion E=kft OCL 3,202
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IN RE: IN THE COURT OF COMMON PLEAS OF
LAYING OUT AND CUMBERLAND COUNTY, PENNSYLVANIA
OPENING A PRIVATE
CIVIL ACTION - EQUITY
ROBERT S. OVER,
Petitioner NO. 11-1703 CIVIL
vs.
GARY L. PAXTON
Respondent
ORDER OF COURT
AND NOW, this z a' day of Q .,...?.. , 2012,
Board of View appointed on April 1, 2011 is hereby vacated and the Bill of Costs
attached to its Report is ordered to be paid.
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CONCLUSION
The matters at issue have been settled by mutual consent of the parties and the Board of
View having performed duties related to its appointment prior to said settlement. An invoice and Bill
of Cost is hereby submitted to the Court.
BILL OF COSTS
William A. Duncan, Esq., Chairman 6 Days @ $ 375 = $ 2,250.00
1 Irvine Row Certified Mail 4 Notices x 5.54 = 22.16
Carlisle, PA 17013 Certified Mail 2 Notices x 5.75 = 11.50
First Class Mailings 4 x .44 = 1.76
First Class Mailings 2 x .45 = .90
Total = $ 2,286.32
Mr. R. Gary Sausser
1306 Bosler Place
Carlisle, PA 17013
3 Days @ $250 =$ 750.00
Total = $ 750.00
James Sheya
433 Mooreland Avenue
Carlisle, PA 17013
3 Days @ $250 = $ 750.00
Mileage 29 mi. x.50 =---L4.50
Total = $ 764.50
Total Cost of Viewers $ 3,800.82
--------------
Gary Sa ser William A. Duncan
Signatures: