HomeMy WebLinkAbout01-2418
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IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
C~d '-r~
~l - - \
NO. 01 - ,;}41P
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K.MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
N'O'l'J:CB
TO DEFENDANTS 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
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
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TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus defensas 0 sus
obj eciones alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas
y puede entrar una orden contra usted sin previo aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en
la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Date:
#Z~I
P.C.
d,
..
ordan . Cunningham, Esquire
1.D. 23144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Petitioner)
2
'II
IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
petitioner
/> -'n -r~
NO. Ol-;z. 'n r U-<A-"- 2.091
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUS~ CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND , .
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
RULE TO SHOW CAUSE
AND NOW, this
jL'
day of
, 2001, upon
~.
review of the annexed petition for Rule to Show Cause Pursuant
to 36 P.S. SS2731 and 2732, and upon the motion of Jordan D.
Cunningham, Esquire, a Rule is against the Respondents to show
'I,
11
I
cause if any they have why the relief requested should not be
granted.
Rule returnable ..30 days from date of service.
BY THE COURT:
Ad
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IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
NO.
2001
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
ORDER
AND NOW, this
day of
, 2001,
upon review of the annexed Petition for Rule to Show Cause
Pursuant to 36 P.S. ~~2731 and 2732, and upon the motion of
Jordan D. Cunningham, Esquire, a hearing will be held on the
II
issues raised in the attached Petition on the day of
, 2001, at .M., in Courtroom No.
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT:
2
J.
II
IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
/'l '" /J ~
NO. 01- ;( 'I) f ~ ~
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
PETITION POR RULB TO SHOW CAUSE PURSUANT TO
36 P.S. 112731 AND 2732
AND NOW, comes your Petitioner, Daniel L. Rapak, who
herein petitions the Court for the opening and laying of a
private road and avers the following:
1
'I,
1. The Petitioner is Daniel L. Rapak, an adult
individual who resides at 35 High Ridge Road, Randolph, New
Jersey.
2. The petitioner is the owner of a landlocked parcel
of real estate which is more fully described in the Deed
attached hereto, made part hereof, and incorporated herein by
reference and marked Exhibit "P-1", being recorded in Deed
Book 158, Page 4, Cumberland County Recorder of Deeds.
3. The Respondent, the Estate of Ruth V. Miller and
Dirkson R. Miller and Helen R. wiest, Co-Trustees and Co-
Executors of the Estate, and victoria E. Neidig, David K.
Miller, and Ruth V. Nyquist, as the life estate beneficiaries
of a certain Trust established by Ruth V. Miller, Dore Kay
Felix, Barbara Kish, Lynn Mason, Robert Miller, and Donald
Neidig, the remainderman beneficiaries of the Trust of Ruth V.
Miller, are all adult individuals who either hold title or
have a claim to the real estate or have a life estate in the
real estate which separates the landlocked parcel from access
2
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II
. I
to Belle vista Road, which is located to the south of the
Respondents' property. The last known addresses of the above
named Respondents are as follows:
(a) Dirkson R. Miller, % Ruth V. Nyquist, 205 Belle
vista Drive, Marysville, Perry County, Pennsylvania 17053.
(b) Helen R. wiest, % Ruth V. Nyquist, 205 Belle
vista Drive, Marysville, Perry County, pennsylvania 17053.
(c) victoria E. Neidig, 216 Belle vista Drive,
Marysville, Perry County, pennsylvania 17053.
(d) David K. Miller, % Ruth V. Nyquist, 205 Belle
vista Drive, Marysville, Perry County, Pennsylvania 17053.
(e) Ruth V. Nyquist, 205 Belle vista Drive,
Marysville, Perry County, Pennsylvania 17053.
(f) Dore Kay Felix, 1827 Susquehanna Street,
Harrisburg, Dauphin County, Pennsylvania 17102.
3
."
(g) Barbara Kish, 130 Austin court, Jessup, Georgia
31545.
(h) Lynn Mason, 210 Maple Road, Harrisburg, Dauphin
County, pennsylvania 17109.
(i) Robert Miller, 233 Belle vista Drive,
Marysville, Perry county, pennsylvania 17053.
(j) Donald Neidig, 1518 Scenic Drive, Almogordo,
New Mexico 88310.
4. There is no reasonable road or access from
Petitioner I s said described lands to a public highway or place
where he would have a reasonable means of ingress to and
egress from Petitioner's tract onto a public highway.
5. without such a private road, the petitioner is
unable to use said lands without undue burden and hardship.
4
."
6. The landlocked nature of Petitioner's parcel of real
estate necessitates a private road be constructed over
Respondents' property, so that Petitioner may have access to
Belle vista Road, a public road. No other means of ingress
to and egress to the Petitioner's tract onto a public highway
exists in the absence of such private road.
7. The most convenient and reasonable location for a
roadway or access way from the lands of Petitioner to the
public highway is over the said lands of the Petitioner.
8. petitioner has been unable to obtain a grant of an
easement and/or right-of-way from his lands to the public
highway from the Petitioners.
9. petitioner requests that a private road be laid out
and opened on and over the land of the Respondents, the Estate
of Ruth V. Miller and Dirkson R. Miller and Helen R. Wiest,
Co-Trustees and Co-Executors of the Estate; and victoria E.
Neidig, David K. Miller, and Ruth V. Nyquist, as the life
estate beneficiaries of a certain Trust established by Ruth V.
Miller; and Dore Kay Felix, Barbara Kish, Lynn Mason, Robert
5
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Miller, and Donald Neidig, the remainderman beneficiaries of
the Trust of Ruth V. Miller, as described and laid out in the
Survey Plat of Proposed Access Easement for Daniel L. Rapak as
developed by Grove Associates, Engineers & Surveyors. A true
and correct of the Survey Plat of Proposed Access Easement for
Daniel L. Rapak is attached hereto, made part hereof, and
incorporated herein by reference and marked Exhibit np_2n.
WHEREFORE, Petitioner requests your Honorable Court:
(a) To appoint a Board of Viewers pursuant to
36 P.S. 52731 to determine if a right-of-way is
necessary to permit Petitioner access to a public
road; and
(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. 52732;
and
6
II
Date:
(c) To determine the extent of the amount of
damages, if any, suffered by the Respondents.
Respectfully submitted,
I;: 2;-: I
, P.c.
CUNNIN
/'
/'
dan Cunningham, Esquire
.D. #23144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Petitioner)
bl\docs\petition\rapak
7
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VBR:tPICATIOH
I, DANIBL L. RAPAX, verrify that the statements made in
the foregoing PETITION FOR RULE TO SHOW CAUSE PURSUANT TO 36
P.S. 552731 AND 2732 are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S.A.
relating to unsworn falsification to
54904,
authorities.
Dd~~ ~
Date:
A-.,..,'j ) <, 2-e~ I
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THIS DEED
,- Parcel No.
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Made the ;'1 day of May, in the year Nineteen Hundred and Ninety-Seven (1997) between
DR. FOUAD A. GEADAH, of Camp Hill, Cumberland County, Pennsylvania (hereinafter
called the Grantors), and DANIEL L. RAPAK, single person, of Morris County, New Jersey
(hereinafter called the Grantee);
WITNESSETH, that in consideration of One Hundred Sixty Thousand ($160,000.00)
Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors does hereby
grant and convey to the said Grantee,
ALL THAT CERTAIN tract of land beginning at a point on the western side of Routes 11
and 15 (50 feet wide) at the county line marker between Perry County and Cumberland County and
at land now or late of Jonathon A. Seidel Estate; thence along Routes II and 15 the following two
courses and distances; (1) south 33 degrees 27 minutes 11 seconds east a distance of six hundred
thirteen and sixty-six hundredths (613.66) feet to a point; (2) by a curve extending to the right and
having a chord measured south 32 degrees 22 minutes 15 seconds east a length of fifty-three and
eighteen hundredths (53.18) feet and having a radius of one thousand four hundred seven and
sixty-nine hundredths (1407.69) feet an arc distance of fifty-three and eighteen hundredths (53.18)
feet to a point; thence south 82 degrees 38 minutes 33 seconds west a distance of three thousand
one hundred forty and sixty-seven hundredths (3140.67) feet to a point; thence north 06 degrees
00 minutes 10 seconds west a distance of three hundred forty-four and eight-five hundredths
(344.85) feet to a point at the county line; thence along the county line and land now or late of
Jonathon A. Seidel Estate north 77 degrees 31 minutes 17 seconds east a distance of two thousand
eight hundred fifty-one and forty-eight hundredths (2851.48) feet to a point, the place of
BEGINNING. . .
C:4.~.J.. P~MS be,", -ro......,,~~~p
CONTAINING 32.826 acres, more or less.
BEING the same premises which Brian E. Danzis and Donna K. Danzis granted and
conveyed by Deed Book Y, Vol. 34, Page 1130 to Dr. Fouad A. Geadah, grantor herein.
TOGETHER 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, 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 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 and assigns, to and for the only proper use and
behoof of said party of the second part, his heirs and assigns forever.
UNDER AND SUBJECT to all easements, restrictions, encumberances, conditions and
other matters of record or that a physical inspection of the premises would reveal.
Qj 158 PACE 4
AND the said parties of the first part, for themseleves, 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 and assigns, and they, the said parties of the first part and their heirs, all and
singular the hereditaments and premises herein above described and granted, or mentioned and
intended so to be, with the appurtenances unto the said party of the second part, his heirs and
assigns, 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 or any part thereof, by,
through, from or under them or any of them shall and will, by these presents, WARRANT AND
FOREVER DEFEND.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and
year first above written.
Signed and delivered in the presence of
The Grantor's wife, YCMNA L. GEADAH joins in this conveyance to transfer any marital
i that she may be c ed to haye in said property. ~
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COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF CUMBERLAND )
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On thi ol.J day of I,j/ . 1997, before me, a Notary Public, in and for the
Commonweal of pennsylVani~e the above named FOUAD A. GEADAH, and YUMNA
L. GEADAH and acknowledged the foregoing deed to be their act and deed and desired the same
to be recorded as such.
NOT ARtAl StAl 1
lCAT1llNA K. WASS. Not<>ry P"bl;:
Camp Hilt Bore. eumb..rlonJ Co.. I'A I
NIt Commission Ex;:ires Sept. i9. 1998
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I hereby certify that the precise address of the Grantees is .:rS- h'/6,;-I ,e, /)G ~ fl.A}:.
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ACCESS EASEMENT DESCRIPTION
All that certain piece, parcel or tract ofland being situate in East Pennsboro Township, County
of Cumberland, State of Pennsylvania, being more fully bounded and described as follows,
to wit:
BEGINNING at a point on the northern right of way line of Belle Vista Drive (80 feet wide),
said point being S 75059'40" W a distance of385.38 feet from the center of a PP&L Co. pole
labeled 23078-S36029; thence across lands of James W. and Barbara A. Cox and Scott A. Irvan
and Victoria Niedig N 25054'15" E a distance of 148.61 feet to a point; thence N 34021 '14" E a
distance of 161.14 feet to a point near the property line of Scott A. Irvan, ET AL and the estate
of Ruth V. Miller; thence through the estate of Ruth V. Miller the following courses and
distances; thence by a curve to the right having a radius of 149.90 feet and an arc length of
100.93 feet to a point; thence N 72055'59" E a distance of 50.70 feet to a poin~ thence by a
curve to the left having a radius of 85.00 feet and an arc length of79.61 feet to a point; thence
NI9016'13" E a distance of251.74 feet to a point; thence by a curve to the right having a radius
of 170.00 feet and an arc length of 102.57 feet to a point; thence by a curve to the left having a
radius of 1095.07 feet and an arc length of284.30 feet to a point; thence by a curve to the right
having a radius of384.02 feet and an arc length of 145.02 feet to a point; thence N60036'05" E a
distance of300.25 feet to a point; thence by a curve to the left having a radius of 90.00 feet and
an arc length of 97.51 feet to a point; thence N 01028'33" W a distance of 124.99 feet to a point;
thence by a curve to the right having a radius of334.46 feet and an arc length of239.75 feet to a
point; thence N 39035'42" E a distance of763.51 feet to a point; thence by a curve to the left
having a radius of 200.00 feet and an arc length of 60.66 feet to a point; thence N 22013 '02" E a
distance of289.62 feet to a point; thence by a curve to the left having a radius of 80.98 feet and
an arc length of 135.81 feet to a point; thence N 73052'29" W a distance of206.59 feet to a point
on the common property line of the estate of Ruth V. Miller and Daniel L. Rapak; thence
N 71002'57" E a distance of 121.81 feet through (2) two W'rebars found along lands of the
estate of Ruth V. Miller and Daniel L Rapak; thence S 73052'29" E a distance of 106.90 feet to a
point; thence by a curve to the right having a radius of 150.98 feet and an arc length of 253.21
feet to a point; thence S 22013'02" W a distance of289.62 feet to a point; thence by a curve to
the right having a radius of270.00 feet and an arc length of 81.89 feet to a point; thence S
39035'42" Wa distance of763.51 feet to a point; thence by a curve to the left having 1l radius of
264.46 feet and an arc length of 189.57 feet to a point; thence S 01028'33" E a distance of124.99
feet to a point; thence by a curve to the right having a radius of 160.00 feet and an arc length of
173.35 feet to a point; thence S 60036 '05" W a distance of 300.25 feet to a point; thence by a
curve to the left having a radius of314.02 feet and an arc length of 118.58 feet to a point; thence
by a curve to the right having a radius of 1165.07 feet and an arc length of302.48 feet to a point;
thence by a curve to the left having a radius of 100.00 feet and an arc length of 60.34 feet to a
point; thence S 19016'13" W a distance of251.74 feet to a point; thence by a curve to the right
having a radius of 155.00 feet and an arc length of 145.17 feet to a point; thence S 72055'59" W
a distance of 50.70 feet to a point; thence by a curve to the left having a radius of 79.90 feet and
an arc length of53.80 feet to a point; thence S 34021'14" Wadistance of 155.97 feet to a point;
thence S 25054' 15" Wa distance of 49.34 feet to a point on the northern right of way line of
Belle Vista Drive (80 feet wide); thence along said right of way line S 62032'54" W a distance of
117.28 feet to a point on said right of way, the Point of BEGINNING.
The above-described access easement contains 5.744 acres ofland.
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CUN~
IN RE: LAYING OUT AND
OPENING A PRIVATE ROAD IN
EAST PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. REP AI(,
Petitioner,
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
and CO-EXECUTORS OF THE
ESTATE, and DIRKSON R. MILLER
and VICTORIA E. NEIDIG, DAVID K.
MILLER, RUTH V. NYQUIST, LIFE
ESTATE BENEFICIARIES OF THE
TRUST OF RUTH V. MILLER and
DORE KAY FELIZ, BARBARA KIST,
LYNN MASON, ROBERT MILLER and:
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V. MILLER,:
Respondents.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2418 CIVIL TERM
CIVIL ACTION -LAW
ANSWER OF RESPONDENTS BARBARA M. KIST and
ROBERT MILLER TO THE PETITION FOR THE
OPENING AND LAYING OF A PRIVATE ROAD
AND NOW this ;:~ay of June, 2001, come the Respondents BARBARA M. KIST
and ROBERT MILLER, by and through their attorneys, Irwin, McKnight & Hughes, and
respectfully file this Answer to the Petitioner's, DANIEL L. RAPAK, Petition for the Opening
and Laying of a Private Road, and in support thereof aver as follows:
1. After reasonable investigation, the Respondents are without knowledge or
information sufficient to form a belief as to the truth of the averments of fact contained in
paragraph one (1) so they are therefore specifically denied and strict proof thereof is demanded.
2. The ayerments contained in paragraph two (2) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded.
3. The ayerments of fact contained in paragraph three (3) are admitted in part and
denied in part. It is admitted that Barbara Kist, not Kish, is a remainderman beneficiary of the
Trust of Ruth V. Miller. It is also admitted that Robert Miller is a remainderman beneficiary of
the Trust of Ruth V. Miller. The remaining averments contained in the introductory portion of
paragraph three (3) are specifically denied and strict proof thereof is demanded. The last known
addresses of the named Respondents provided in paragraph three (3) are admitted or denied as
follows:
(a)-(b) Denied.
(c) After reasonable investigation, the Respondents are without knowledge or
information sufficient to form a belief as to the truth of the averments so
they are therefore specifically denied and strict proof thereof is demanded.
(d) Denied.
(e) Admitted.
2
(f) After reasonable inyestigation, the Respondents are without knowledge or
information sufficient to form a belief as to the truth of the averments so
they are therefore specifically denied and strict proof thereof is demanded.
(g) Denied. By way of further answer, Barbara Kist resides at 130 Austin
Court, Jesup, Georgia 31545.
(h) After reasonable investigation, the Respondents are without knowledge or
information sufficient to form a belief as to the truth of the averments so
they are therefore specifically denied and strict proof thereof is demanded.
(i) Admitted.
(j) Denied. Upon information and belief, Donald Neidig resides at 1518
Scenic Drive, Alamogordo, NM 88310.
4. The averments contained in paragraph four (4) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded.
5. The averments of fact contained in paragraph five (5) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded.
3
6. . The averments of fact contained in paragraph six (6) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded.
7. The averments of fact contained in paragraph seven (7) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded.
8. The averments of fact contained in paragraph eight (8) are specifically denied and
strict proof thereof is demanded. By way of further answer, answering Respondents did in fact
offer to grant an easement across the real estate in question in a location where said easement
would not adversely and substantially affect the use and value of said property.
9. The averments of fact contained in paragraph nine (9) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded. By way of further answer, the location
of the easement proposed by Petitioner would adversely and substantially affect the use and
value of said property.
WHEREFORE, Respondents BARBARA M. KIST and ROBERT MILLER respectfully
request this Honorable Court to deny Petitioner's Petition and refuse to appoint a Board of
4
Viewers and refuse to permit the opening of a private road, or in the aIternatiye, refuse to permit
Petitioner to a open a private road in the location and ofthe nature requested by Petitioner.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Dated: June JJ ,2001
By J),f- ~ hJ/1-,.
Roger - Irwin~ squire
Supreme Court ID # 06282
Douglas G. Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(7 I 7) 249-2353
Attorneys for Respondents,
Barbara M. Kist and Robert Miller
5
VERIFICATION
Th, foregoing doc""',nt on b,balf of th, Re,pond,n', B"'b"" M. Kim ond Rob,rt
Mill.... ;, bosod "POn infurtnation wh;'h h& b,on gath_ by '0_1 fo, th, 'Did R"pond,n~
in the P'''Pamtion of !hi, dnc""'ont. Th, 'tat"""n~ made in W, dncum,n' are tn., ond ""rroc,
'0 th, bost of th, """"',J', knoWlodge, ;ofoonation ond b'li" Th, R_nden~' Vorifioation
","",Of be obtainod within the tim, allowod fo, filing th, pl"<Iing. Th, nnd'''ignod i, th'refore
V"'"Ying on behalf of th, Claimant -nJing to 42 PaC.S.A. ! 1024(')(2). The nndec,;gnod
und,,,tan'" that fal" matem",,~ hore;n made are ,ubj"" fo the P'nalti" of 18 PaC.SA. S"'tion
4904, relating to unsworn falsification to authorities.
~4 iU4~.
. '.
Douglas . Miller, EsqUIre
Date: June 22, 2001
CERTIFICATE OF SERVICE
I, Doug"" G. MW"" &quUe, do h,rehy 'Mify that I hay, '''''',d a tru, aud "","'t 'upy
of th, foregoing do,umaut upou th, P"'",,, iud;'aIed b,Jow by fum 01"" Uuiled Slate, mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Jordan D. Cunningham, Esquire
2320 North Second Street
P.O. Box 60457
Harrisburg, P A 17106-0457
Date: June 22, 2001
IRWIN, McKNIGHT & HUGHES
~ II:. U'"
Douglas . Miller, squiie
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Respondents
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II
IN RE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
v.
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 01-2418 CIVIL TERM
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the petition for Rule to Show Cause
Pursuant to 36 P.S. ~~2731 and 2732 filed to the above term
and number.
Date: Augustl7. 2001 By:
P.C.
. Cunningham, Esquire
I.D. # 3144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
petitioner
~l~~.
No.6/ -;)41"P
v.
!.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K.MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
NOTICE
TO DEFENDANTS 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
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
'r
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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUmberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
NOTICIA
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Le han Demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus defensas 0 sus
obj eciones alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas
y puede entrar una orden contra usted sin previa aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en
la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
i:
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONnE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Date:
#Z~I
P.C.
d,
ordan . Cunningham, Esquire
I.D. 23144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Petitioner)
2
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IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
i:
DANIEL L. RAPAK,
petitioner
NO.
2001.
v.
i'
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
RULB TO SHOW CAUSB
AND NOW, this / sf- day of fYI;, y
, 2001., upon
review of the annexed petition for Rule to Show Cause Pursuant
to 36 P.S. 552731 and 2732, and upon the motion of Jordan D.
Cunningham, Esquire, a Rule is against the Respondents to show
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cause if any they have why the relief requested should not be
granted.
Rule returnable ~?() days from date of service.
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BY THE COURT:
if ~OA ,,~'r
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TRUE COpy FROM RECORD
m TMtimooy whereOf. I here unto Sit my hand
- the ~ of said Court at Cart~. Pa.
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IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
petitioner
NO.
2001
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
ORDBR
AND NOW, this
day of
, 2001,
upon review of the annexed petition for Rule to Show Cause
Pursuant to 36 P.S. 882731 and 2732, and upon the motion of
Jordan D. Cunningham, Esquire, a hearing will be held on the
BY THE COURT:
J~
2
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IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
I!
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
,I
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,
DANIEL L. RAPAK,
petitioner
NO.
2001 -
v.
ii
.'
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
PETITION POR RULE TO SHOW CAUSE PURSUANT TO
36 P.S. 112731 AND 2732
AND NOW, comes your Petitioner, Daniel L. Rapak, who
herein petitions the Court for the opening and laying of a
private road and avers the following:
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1. The Petitioner is Daniel L. Rapak, an adult
individual who resides at 35 High Ridge Road, Randolph, New
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Jersey.
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2. The Petitioner is the owner of a landlocked parcel
of real estate which is more fully described in the Deed
attached hereto, made part hereof, and incorporated herein by
reference and marked Exhibit "P-1", being recorded in Deed
Book 158, Page 4, Cumberland County Recorder of Deeds.
!;
3. The Respondent, the Estate of Ruth V. Miller and
Dirkson R. Miller and Helen R. wiest, Co-Trustees and Co-
Executors of the Estate, and Victoria E. Neidig, David K.
Miller, and Ruth V. Nyquist, as the life estate beneficiaries
of a certain Trust established by Ruth V. Miller, Dore Kay
Felix, Barbara Kish, Lynn Mason, Robert Miller, and Donald
Neidig, the remainderman beneficiaries of the Trust of Ruth V.
Miller, are all adult individuals who either hold title or
have a claim to the real estate or have a life estate in the
real estate which separates the landlocked parcel from access
2
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to Belle vista Road, which is located to the south of the
Respondents' property. The last known addresses of the above
named Respondents are as follows:
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(a) Dirkson R. Miller, % Ruth V. Nyquist, 205 Belle
vista Drive, Marysville, Perry County, Pennsylvania 17053.
(b) Helen R. wiest, % Ruth V. Nyquist, 205 Belle
vista Drive, Marysville, Perry County, pennsylvania 17053.
(c) victoria E. Neidig, 216 Belle vista Drive,
Marysville, Perry County, Pennsylvania 17053.
(d) David K. Miller, % Ruth V. Nyquist, 205 Belle
vista Drive, Marysville, Perry County, Pennsylvania 17053.
(e) Ruth V. Nyquist, 205 Belle vista Drive,
Marysville, Perry County, pennsylvania 17053.
(f) Dore Kay Felix, 1827 Susquehanna Street,
Harrisburg, Dauphin County, pennsylvania 17102.
3
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(g) Barbara Kish, 130 Austin Court, Jessup, Georgia
31545.
(h) Lynri Mason, 210 Maple Road, Harrisburg, Dauphin
County, pennsylvania 17109.
(i) Robert Miller, 233 Belle Vista Drive,
Marysville, Perry County, Pennsylvania 17053.
(j) Donald Neidig, 1518 Scenic Drive, Almogordo,
New Mexico 88310.
4. There is no reasonable road or access from
petitioner I s said described lands to a public highway or place
where he would have a reasonable means of ingress to and
egress from Petitioner's tract onto a public highway.
5. without such a private road, the petitioner is
unable to use said lands without undue burden and hardship.
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6. The landlocked nature of Petitioner I s parcel of real
estate necessitates a private road be constructed over
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Respondents' property, so that Petitioner may have access to
Belle vista Road, a public road.
No o~her means of ingress
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to and egress to the Petitioner's tract onto a public highway
exists in the absence of such private road.
7. The most convenient and reasonable location for a
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roadway or access way from the lands of petitioner to the
public highway is over the said lands of the Petitioner..
8. petitioner has been unable to obtain a grant of an
easement and/or right-of-way from his lands to the public
highway from the Petitioners.
9. petitioner requests that a private road be laid out
and opened on and over the land of the Respondents, the Estate
of Ruth V. Miller and Dirkson R. Miller and Helen R. Wiest,
Co-Trustees and Co-Executors of the Estate; and Victoria E.
Neidig, David K. Miller, and Ruth v. Nyquist, as the life
estate beneficiaries of a certain Trust established by Ruth V.
Miller; and Dore Kay Felix, Barbara Kish, Lynn Mason, Robert
5
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;i Miller, and Donald Neidig, the remainderman beneficiaries of
I! the Trust of Ruth V. Miller, as described and laid out in the
Survey Plat of Proposed Access Easement for Daniel L. Rapak as
developed by Grove Associates, Engineers & Surveyors. A true
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and correct of the Survey Plat of proposed Access Easement for
Daniel L. Rapak is attachea hereto, made part hereof, and
incorporated herein by reference and marked Exhibit np_2n.
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WHEREFORE, Petitioner requests your Honorable Court:
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(a) To appoint a Board of Viewers pursuant to
36 P.S. S2731 to determine if a right-of-way is
necessary to permit petitioner access to a public
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road; and
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(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. S2732;
and
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(c) To determine the extent of the amount of
damages, if any, suffered by the Respondents.
Respectfully submitted,
I;: 2;: I
, P.C.
By:
~ dan Cunningham, Esquire
.D. #23144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Petitioner)
bl\docs\petition\rapak
7
VBRIFICATION
I, DANIBL L. RAPAX, verrify that the statements made in
the foregoing PETITION FOR RULE TO SHOW CAUSE PURSUANT TO 36
P.S. 552731 AND 2732 are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.
c.s.~.
54904,
relating to unsworn falsification to
ii authorities.
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TIDS DEED
,- Parcel No.
~ ("<t- 10 - .3'LS"a -Oc>~
Made the ill day of May, in the year Nineteen Hundred and Ninety-Seven (1997) between
DR. FOUAD A. GEADAH, of Camp Hill, Cumberland County, Pennsylvania (hereinafter
called the Grantors), and DANIEL L. RAPAK, single person, of Morris County, New Jersey
(hereinafter called the Grantee);
WITNESSETH, that in consideration of One Hundred SiXty Thousand ($160,000.00)
Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors does hereby
grant and convey to the said Grantee,
ALL THAT CERTAIN tract of land beginning at a point on the western side of Routes II
and 15 (50 feet wide) at the county line marker between Perry County and Cumberland County and
at land now or late of Jonathon A. Seidel Estate; thence along Routes II and 15 the following two
courses and distances; (I) south 33 degrees 27 minutes II seconds east a distance of six hundred
thirteen and sixty-six hundredths (613.66) feet to a point; (2) by a curve extending to the right and
having a chord measured south 32 degrees 22 minutes 15 seconds east a length of fifty-three and
eighteen hundredths (53.18) feet and having a radius of one thousand four hundred seven and
sixty-nine hundredths (1407.69) feet an arc distance of fifty-three and eighteen hundredths (53.18)
feet to a point; thence south 82 degrees 38 minutes 33 seconds west a distance of three thousand
one hundred forty and sixty-seven hundredths (3140.67) feet to a point; thence north 06 degrees
00 minutes 10 seconds west a distance of three hundred forty-four and eight-five hundredths
(344.85) feet to a point at the county line; thence along the county line and land now or late of
Jonathon A. Seidel Estate north 77 degrees 31 minutes 17 seconds east a distance of two thousand
eight hundred fifty-one and forty-eight hundredths (2851.48) feet to a point, the place of
BEGINNING. .
Cti.~.J.. P.{N\S be", TO.....,,,$..~~ p
CONTAINING 32.826 acres, more or less.
BEING the same premises which Brian E. Danzis and Donna K. Danzis granted and
conveyed by Deed Book Y, Vol. 34, Page 1130 to Dr. Fouad A. Geadah, grantor herein.
TOGETHER 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, 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 the said premises, and every part and parcel thereof.
TO HA VE AND TO HOLD the said premises, with all and singular the appurtenances,
unto the said party of the second part, his heirs and assigns, to and for the only proper use and
behoof of said party of the second part, his heirs and assigns forever.
UNDER AND SUBJECT to all easements, restrictions. encumberances. conditions and
other matters of record or that a physical inspection of the premises would reveal.
~ 158 PACE 4
. J
AND the said parties of the first part, for themseleves, 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 and assigns, and they, the said parties of the first part and their heirs, all and
singular the hereditaments and premises herein above described and granted, or mentioned and
intended so to be, with the appurtenances unto the said party of the second part, his heirs and
assigns, 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 or any part thereof, by,
through, from or under them or any of them shall and will, by these presents, WARRANT AND
FOREVER DEFEND.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and
year fIrst above written.
Signed and delivered in the presence of
)
,Y\
The Grantor's wife, YL~A L. GEADAH joins in this conveyance to transfer any marital
i ~i[beC edrobaveU"aid~.H~noJd
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COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF CUMBERLAND )
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On thi day of ~ . 1997, before me, aN9tary Public, in and for the
Commonweal of Pennsylvania, 'e the above named FOUAD A. GEADAH, and YUMNA
L. GEADAH and acknowledged the foregoing deed to be their act and deed and desired the same
to be recorded as such.
NOT "RIAL St.o\l 1
ItA 11llNA IC. W ASS, Not"'Y P...bt:
Camp Hill bo. Cumc..rl'3nJ Co.. I'A
,."" Commission Expires Sept. i 9, 1998
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ACCESS EASEMENT DESCRIPTION
All that certain piece, parcel or tract ofland being situate in East Pennsboro Township, County
of Cumberland., State of Pennsylvania, being more fully bounded and described as follows,
to wit:
BEGINNING at a point on the northern right of way line of Belle Vista Drive (80 feet wide),
said point being S 75059'40" W a distance of385.38 feet from the center ofa PP&L Co. pole
labeled 23078-S36029; thence across lands of James W. and Barbara A. Cox and Scott A. Irvan
and Victoria Niedig N 25054'15" E a distance of 148.61 feet to a point; thence N 34021 '14" E a
distance of 161.14 feet to a point near the property line of Scott A. Irvan, ET AL and the estate
of Ruth V, Miller; thence through the estate of Ruth V. Miller the following courses and
distances; thence by a curve to the right having a radius of 149.90 feet and an arc length of _
100.93 feet to a point; thence N 72055'59" E a distance of 50.70 feet to a point; thence by a
curve to the left having a radius of 85.00 feet and an arc length of79.61 feet to a point; thence
NI90I6'13" E a distance of25 1.74 feet to a point; thence by a curve to the right having a radius
of 170.00 feet and an arc length of 102,57 feet to a point; thence by a curve to the left having a
radius of 1095.07 feet and an arc length of284.30 feet to a point; thence by a curve to the right
having a radius of384.02 feet and an arc length of 145.02 feet to a point; thence N60036'05" E a
distance of300.25 feet to a point; thence by a curve to the left having a radius of 90.00 feet and
an arc length of 97.51 feet to a point; thence N 01028'33" W a distance of 124.99 feet to a point;
thence by a curve to the right having a radius of334.46 feet and an arc length of239.75 feet to a
point; thence N 39035'42" E a distance of763.51 feet to a point; thence by a curve to the left
having a radius of 200.00 feet and an arc length of60.66 feet to a point; thence N 22013'02" E a
distance of289.62 feet to a point; thence by a curve to the left having a radius of 80.98 feet and
an arc length of 135.81 feet to a point; thence N 73052'29" W a distance of206.59 feet to a point
on the common property line of the estate of Ruth V. Miller and Daniel L. Rapak; thence
N 71002'57" E a distance of 121.81 feet through (2) two Yz" rebars found along lands of the
estate of Ruth V. Miller and Daniel L Rapak; thence S 73052'29" E a distance of 106.90 feet to a
point; thence by a curve to the right having a radius of 150.98 feet and an arc length of 253.21
feet to a point; thence S 22013'02" W a distance of289.62 feet to a point; thence by a curve to
the right having a radius of270.00 feet and an arc length of 81.89 feet to a point; thence S
39035'42" W a distance of 763.5 I feet to a point; thence by a curve to the left having ~ radius of
264.46 feet and an arc length of 189.57 feetto a point; thence S 01028'33" E a distance of 124.99
feet to a point; thence by a curve to the right having a radius of 160.00 feet and an arc length of
173.35 feet to a point; thence S 60036'05" W a distance of 300.25 feet to a point; thence by a
curve to the left having a radius of 314.02 feet and an arc length of 118.58 feet to a point; thence
by a curve to the right haying a radius of 1165.07 feet and an arc length of302.48 feet to a point;
thence by a curve to the left having a radius of 100.00 feet and an arc length of 60.34 feet to a
point; thence S 19016' 13" W a distance of251.74 feet to a point; thence by a curve to the right
having a radius of 155.00 feet and an arc length of 145.17 feet to a point; thence S 72055'59" W
a distance of 50.70 feet to a point; thence by a curve to the left having a radius of79.90 feet and
an arc length of 53.80 feet to a point; thence S 34021 '14" W a distance of 155.97 feet to a point;
thence S 25054' 15" W a distance of 49.34 feet to a point on the northern right of way line of
Belle Vista Drive (80 feet wide); thence along said right of way line S 62032'54" W a distance of
117.28 feet to a point on said right of way, the Point of BEGINNING.
The above-described access easement contains S.744 acres of land.
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SHERIFF'S RETURN - OUT OF COUNTY
. .
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named RESPONDANT
, to wit:
FELIX DORE KAY
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within PETITION
On September 13th , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Co 29.25
.00
54.25
09/13/2001
CUNNINGHAM & CHERNICOFF
Sworn and subscribed to before me
this Ii ff- day of ~/,Ii", t, ~
-2"V/ A.D.
~ C. ~,~
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
CPL MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PETITION
was served upon
MASON LYNN
the
RESPONDANT
, at 1421:00 HOURS, on the 27th day of August
, 2001
at C/O THE PLUMB
3801 GETTYSBURG RD
CAMP HILL, PA 17011
by handing to
KATHERINE STRAUB
a true and attested copy of PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.45
.00
10.00
.00
36.45
So Answers:
~~~~~
R. Thomas Kline
Sworn and Subscribed to before
me this If' E' day of
lrEA"",L- - :J MJ I A. D.
~(2)uj/~._ ~
Prothonotary
09/13/2001
CUNNI::~ & CH:RNICOFF ~___
~~
@iiite of tq~ ~4~riff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
RAPAK DANIEL L
vs
County of Dauphin
FELIX DORA MAY
Sheriff's Return
No. 2421-T - -2001
OTHER COUNTY NO. 01-2418
AND NOW: August 30, 2001
at 9:32PM served the within
NOTICE , RULE TO SHOW CAUSE & PETITION
upon
FELIX DORA MAY
by personally handing
to HER
1 true attested copy (ies)
of the original
NOTICE , RULE TO SHOW CAUSE & PETITION
and making known
to him/her the contents thereof at 3207 PENNSWOOD RD.
HARRISBURG, PA 17110-0000
before me this 10TH day of SEPTEMBER, 2001
~~,~~
!
Sworn and subscribed to
Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $29.25 PD 08/29/2001
RCPT NO 153605
COOK
In The Court of Common Pleas of Cumberland County, Penllsylvania
Daniel L. Rapak
VS.
Estate of Ruth Miller
SERVE: Dore Kay Felix
No. 01
2418 civil
Now, August 22, 2001
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~~r~
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
copy of the original
a
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
"
I
4
IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
NO. 01-2418 CIVIL TERM
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
CBRTIFICATB OF SBRVICB
I do hereby state that I served a true and correct copy
of the attached PETITION FOR RULE TO SHOW CAUSE PURSUANT TO 36
P.S. ~~2731 AND 2732 and the RULE TO SHOW CAUSE issued on May
1, 2001 by the Honorable Kevin A. Hess in the above captioned
matter, by placing the same in the U.S. mail, certified mail,
/I
,
return receipt requested, as per the attached return receipt
cards, addressed to:
Received on Mav 21. 2001:
Barbara Kish
130 Austin Court
Jessup, GA 31545
Date: June 20. 2001
Received on Mav 17. 2001:
Donald Neidig
1518 Scenic Drive
Alamogordo, NM 88310
By:
Jor
I. . #23 4
2320 North Second Street
P. O. Box 60457
HarriSburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Petitioner)
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CUNNIN~HAM . CHERNICOFF, P.C.
--,._~.,
.--
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
R. Thomas Kline
, Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named RESPONDANT
, to wit:
WIEST HELEN K
but was
unable to locate Her in his bailiwick. He therefore returns the
NOTICE & COMPLAINT
NOT SERVED , as to
the within named RESPONDANT
, WIEST HELEN K
DEFENDANT IS DECEASED.
Sheriff's Costs:
Docketing
Service
NOT SERVED RETURN
Surcharge
18.00
9.92
5.00
10.00
.00
42.92
s~~___
R. HOMAS KLINE
SHERIFF OF CUMBERLAND COUNTY
CUNNINGHAM & CHERNICOFF
07/02/2001
Sworn and subscribed to before me
this I g~c. day of J u1y
0\001
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
R. Thomas Kline
, Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named RESPONDANT
, to wit:
MILLER DAVID K
but was
unable to locate Him in his bailiwick. He therefore returns the
NOTICE & COMPLAINT
NOT SERVED , as to
the within named RESPONDANT
, MILLER DAVID K
DEFENDANT IS DECEASED.
Sheriff's Costs:
Docketing
NOT SERVED RETURN
Affidavit
Surcharge
6.00
5.00
.00
10.00
.00
21. 00
So ans~~. _.
~- /
R. HOMAS KLINE
SHERIFF OF CUMBERLAND COUNTY
CUNNINGHAM & CHERNICOFF
07/02/2001
Sworn and subscribed to before me
day of J~
this
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, RESPONDANT
MILLER DIRKSON R
but was
unable to locate Him in his bailiwick. He therefore returns the
NOTICE & COMPLAINT
, NOT FOUND , as to
the within named RESPONDANT
, MILLER DIRKSON R
DEFENDANT NO LONGER LIVES AT ADDRESS STATED,
BELIEVED TO BE OUT OF COUNTY.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
6.00
9.92
5.00
10.00
.00
30.92
SO~
R. Tomas Kline
Sheriff of Cumberland County
CUNNINGHAM & CHERNICOFF
07/02/2001
Sworn and subscribed to before me
this rr~ day of ~
8..00 1J1" II" .'
~h~no,k;t ~
c4fO
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE & COMPLAINT
was served upon
NYQUIST RUTH V
the
RESPONDANT
, at 0016:55 HOURS, on the 2nd day of May
at 205 VELLE VISTA DRIVE
, 2001
ENOLA, PA 17025
by handing to
RUTH NYQUIST
a true and attested copy of NOTICE & COMPLAINT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
9.92
.00
10.00
.00
25.92
07/02/2001
CUNNINGHAM
Sworn and Subscribed to before By:
me this
day of
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE & COMPLIANT
was served upon
NEIDIG VICTORIA E
the
RESPONDANT
, at 0017:00 HOURS, on the 2nd day of May
, 2001
at 216 BELLE VISTA DRIVE
ENOLA, PA 17025
by handing to
VICTORIA NEIDIG
a true and attested copy of NOTICE & COMPLIANT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
S?~~
R. Thomas Kline
07/02/2001
CUNNINGHAM
Sworn and Subscribed to before By:
of
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE & COMPLAINT
was served upon
MILLER ROBERT
the
RESPONDANT
, at 0020:58 HOURS, on the 23rd day of May
, 2001
at 233 BELLE VISTA DRIVE
MARYSVILLE, PA 17053
by handing to
ROBERT MILLER
a true and attested copy of NOTICE & COMPLAINT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
~K-~-t:~
R. Thomas Kline
07/02/2001
CUNNINGHAM & CHERNICOFF
Sworn and Subscribed to before
I f -.;.( day of
By:
~ o.un, ~ kdL
Deputy Sheriff
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS.
MILLER RUTH V ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,KISH BARBARA
by United States Certified Mail postage
prepaid, on the 2nd day of May
,2001 at 0008:00 HOURS, at
13 0 AUSTIN COURT
JESSUP, GA 31545
, a true
and attested copy of the attached NOTICE & COMPLAINT
Together
with
The returned
receipt card was signed by ROBERT KISH
05/16/2001
on
Additional Comments:
Sheriff's Costs:
So
Docketing
Cert Mail
Aff idavit
Surcharge
6.00
7.68
.00
10.00
.00
23.68
R. Thomas Kline
Sheriff of Cumberland County
Paid by CUNNINGHAM & CHERNICOFF
on 07/02/2001 .
Sworn te?l.subscri~ to before me
this~day of u.ty
~A.D~
.. ~. ono"~
..~o-
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS.
MILLER RUTH V ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT
,NEIDIG DONALD
by United States Certified Mail postage
prepaid, on the 2nd day of May
,2001 at 0008:00 HOURS, at
1518 SCENIC DRIVE
ALMOGORDO, NM 88310
, a true
and attested copy of the attached NOTICE & COMPLAINT
Together
with
The returned
receipt card was signed by DONALD NEIDIG
05/07/2001
on
Additional Comments:
Sheriff's Costs:
Docketing
Cert Mail
Affidavit
Surcharge
6.00
7.68
.00
10.00
.00
23.68
So a~/~~;;7
/~~~
R. Thomas Kline
Sheriff of Cumberland County
Paid by CUNNINGHAM & CHERNICOFF
on 07/02/2001 .
Sworn and sUbscribe~o before me
this f ~lt.day of \... ukt
O~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named RESPONDANT
, to wit:
FELIX DORE KAY
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within NOTICE & COMPLAINT
On July
2nd , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
6.00
9.00
10.00
35.25
.00
60.25
07/02/2001
CUNNINGHAM
So an~~ ~
R. Tl'iomas Kline
Sheriff of Cumberland County
& CHERNICOFF
Sworn and subscribed to before me
-
this I fl~ day of -J ~
clO[)( A.D.
1:;~o~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named RESPONDANT
, to wit:
MASON LYNN
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within NOTICE & COMPLAINT
On July
2nd , 2001 , this office was in receipt of the
attached return from DAUPHIN
Surcharge
6.00
.00
10.00
.00
.00
16.00
07/02/2001
CUNNINGHAM
SO~~~~
.~~~
R. Tn.omas Kline
Sheriff of Cumberland County
Sheriff's Costs:
Docketing
& CHERNICOFF
Sworn
me
this
@ffite of tq~ ~4~:riff
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
RAPAK DANIEL
vs
County of Dauphin
FELIX DORE KAY
Sheriff's Return
No. 1314-T - -2001
OTHER COUNTY NO. 2001-2418
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for MASON LYNN
the DEFENDANT named in the within NOTICE & COMPLAINT IN CIYIL ACTION
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, June 5, 2001
DEFENDANT DID NOT GET SERVED BEFORE EXPIRATION DATE.
~.
So Answers,
Jf~
Sworn and subscribed to
before me this 5TH da of JUNE, 2001
f~
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $35.25 PD 05/11/2001
RePT NO 149839
@ffitt of tlr~ ~1r2:riff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
1. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
RAPAK DANIEL
vs
County of Dauphin
FELIX DORE KAY
Sheriff's Return
No. 1314-T - -2001
OTHER COUNTY NO. 2001-2418
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for FELIX DORE KAY
the DEFENDANT named in the within NOTICE & COMPLAINT IN CIVIL ACTION
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, June 5, 2001
DEFENDANT WAS NOT SERVED BEFORE EXPIRATION DATE, WAS NEYER HOME.
Sworn and subscribed to
befo,e me thi. ~. dp~~'
So Answers,
JtrJ$L
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $35.25 PD 05/11/2001
RCPT NO 149839
In The Court of Common Pleas of Cumberland County, Pennsylvania
Daniel L. Rapak
VS.
Estate of Ruth V.Miller
Serve: Dore Kay Felix
No. 01-2418 Civil
Now,
5/2/01
, 20 0 (1 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.. .v' .4' . ..
.'. r~~'
Sheriff of Cumberland County, PA
Affidavit of Service
Now
,
, 20_, at
0' clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sh eriff of
County, P A
Sworn and subscribed before
me this _ day of
. /0
,--
COSTS
SERVICE
MILEAGE
}\FFIDA VIT
$
$
In The Court of Common Pleas of Cumberland County, Pennsylvania
Daniel L. Rapak
VS.
Estate of Ruth V.Miller
Serve: Lynn Mason
No. 01-2418 Civil
Now,
5/2/01
,2001) , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
... ~~~,
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
, 20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, P A
Sworn and subscribed before
me this _ day of , 20
COSTS
SERVICE
MILEAGE
A.FFIDAVIT
$
$
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
1)0081r1 Neit:'iiq
10:;18 Srenir. Drive
A1mnqorr1o, New Mexico,
88110
2. A1f~~ 4im f"'j"ge"'5'fitl't'P 2 8 6 2
PS Form 3811 , July 1999
3. Se~ce Type
,wrcertified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
01- ~4J~CJ~'L
Domestic Return Receipt
102595-00-M'0952
UNITED STATES POSTAL SERVICE
First-Class Mail '
Postage & Fees Paid
USPS
Permit No. G-10
· Sender: Please print your name, address, and ZIP+4 in this box ·
CUMBERLAND COUNTY SHERIFF'S DEPARTMENt
ONE COURTHOUSE SQUARE
CARLISLE PA 17013 JIi
""
. Complete itemS 1. 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and addresS on the reverse
SO that we can return the card to you.
. Attach this card to the back of the mailpiece.
or on the front if space permits.
1. Article Addressed to:
,~....o Agent
o Addressee
DYes
DNa
Barbara K"lsh
130 Austin court
JessuP, rA 11S4s
3. Serv' ype
Cer1ifled Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery'? (Extra Fee) 0 Yes
2. Article Number (Copy from service label)
7099 3400 18 5000 2855 01-2418 Civil
_ _ _. __ 'lSl.11 . Julv 1999 Domestic Return Receipt
102595-00-M.0952
UNITED STATES POSTAL SERVICE
.
CUMBERLAND COUNTY SHERIFF'S DEPARTMENT
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
o ~ ,," 11I,11 "'11I1I ,11111111,11,11'1.,,',',,11,',1,,1,1,,',1 ,,'
MAY 0 1 2001nP
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
DANIEL L. RAPAK,
petitioner
NO.or - ~'II(f
C;'HLY~
~l
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
NOTICE
TO DEFENDANTS 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
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
'I!
it
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
NOTICIA
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus defensas 0 sus
obj eciones alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas
y puede entrar una orden contra usted sin previa aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en
la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Date:
#Z~I
P.C.
ordan . Cunningham, Esquire
I.D. 23144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for petitioner)
2
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
DANIEL L. RAPAK,
petitioner
NO.
2001
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
RULB TO SHOW CAUSE
Respondents
AND
NOW, this /P---- day of (Yl;;,r ' 2001, upon
the annexed petition for Rule to Show Cause Pursuant
review of
to 36 P.S. 552731 and 2732, and upon the motion of Jordan D.
Cunningham, Esquire, a Rule is against the Respondents to show
cause if any they have why the relief requested should not be
granted.
Rule returnable ,-:;(')
days from date of service.
BY THE COURT:
/1/ .I!oA~ _iJ,,~ J
J.
, 2
"---
TRUE COPY FROM RECORD
1ft TtIIamoIJy whereof. I here unto SIt my haM
.. tM}!!J ~ said rAJw1 at Carti8Ie, Pa.
~,,:.~P' ~~~
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
DANIEL L. RAPAK,
Petitioner
NO.
2001
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
ORDBR
AND NOW, this
day of
, 2001,
upon review of the annexed petition for Rule to Show Cause
Pursuant to 36 P.S. 552731 and 2732, and upon the motion of
Jordan D. Cunningham, Esquire, a hearing will be held on the
issues raised in the attached Petition on the
day of
, 2001, at
.M., in Courtroom No.
cumberland County Courthouse, Carlisle, Pennsylvania.
I
II
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11
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:i
ii
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I:
BY THE COURT:
J.
2
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
DANIEL L. RAPAK,
petitioner
NO.
2001
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
PBTITION POR RULB TO SHOW CAUSB PURSUANT TO
36 P.S. 112731 AND 2732
AND NOW, comes your Petitioner, Daniel L. Rapak, who
herein petitions the Court for the opening and laying of a
private road and avers the following:
1
1. The petitioner is Daniel L. Rapak, an adult
individual who resides at 35 High Ridge Road, Randolph, New
Jersey.
2. The Petitioner is the owner of a landlocked parcel
of real estate which is more fully described in the Deed
attached hereto, made part hereof, and incorporated herein by
reference and marked Exhibit "P-1", being recorded in Deed
Book 158, Page 4, Cumberland County Recorder of Deeds.
3. The Respondent, the Estate of Ruth V. Miller and
Dirkson R. Miller and Helen R. Wiest, Co-Trustees and Co-
Executors of the Estate, and victoria E. Neidig, David K.
Miller, and Ruth V. Nyquist, as the life estate beneficiaries
of a certain Trust established by Ruth V. Miller, Dore Kay
Felix, Barbara Kish, LYnn Mason, Robert Miller, and Donald
Neidig, the remainderman beneficiaries of the Trust of Ruth V.
Miller, are all adult individuals who either hold title or
have a claim to the real estate or have a life estate in the
real estate which separates the landlocked parcel from access
2
to Belle vista Road, which is located to the south of the
Respondents' property. The last known addresses of the above
named Respondents are as follows:
(a) Dirkson R. Miller, % Ruth V. Nyquist, 205 Belle
Vista Drive, Marysville, Perry county, pennsylvania 17053.
(b) Helen R. Wiest, % Ruth V. Nyquist, 205 Belle
Vista Drive, Marysville, Perry County, Pennsylvania 17053.
(c) victoria E. Neidig, 216 Belle vista Drive,
Marysville, Perry County, pennsylvania 17053.
(d) David K. Miller, % Ruth V. Nyquist, 205 Belle
vista Drive, Marysville, Perry County, pennsylvania 17053.
(e) Ruth V. Nyquist, 205
Marysville, Perry County, pennsylvania
Belle vista Drive,
17053.
(f) Dore Kay Felix, 1827 Susquehanna Street,
Harrisburg, Dauphin county, Pennsylvania 17102.
3
(g) Barbara Kish, 130 Austin Court, Jessup, Georgia
31545.
(h) LYnn Mason, 210 Maple Road, Harrisburg, Dauphin
County, pennsylvania 17109.
(i) Robert Miller, 233 Belle Vista Drive,
Marysville, Perry County, pennsylvania 17053.
(j) Donald Neidig, 1518 Scenic Drive, Almogordo,
New Mexico 88310.
4. There is no reasonable road or access from
Petitioner's said described lands to a public highway or place
where he would have a reasonable means of ingress to and
egress from Petitioner's tract onto a public highway.
5. without such a private road, the petitioner is
unable to use said lands without undue burden and hardship.
4
6. The landlocked nature of Petitioner's parcel of real
estate necessitates a private road be constructed over
Respondents' property, so that Petitioner may have access to
Belle Vista Road, a public road. No other means of ingress
to and egress to the Petitioner's tract onto a public highway
exists in the absence of such private road.
7. The most convenient and reasonable location for a
roadway or access way from the lands of Petitioner to the
public highway is over the said lands of the Petitioner.
8. Petitioner has been unable to obtain a grant of an
easement and/or right-of-way from his lands to the public
highway from the Petitioners.
9. Petitioner requests that a private road be laid out
and opened on and over the land of the Respondents, the Estate
of Ruth V. Miller and Dirkson R. Miller and Helen R. Wiest,
Co-Trustees and Co-Executors of the Estate; and Victoria E.
Neidig, David K. Miller, and Ruth v. Nyquist, as the life
estate beneficiaries of a certain Trust established by Ruth V.
Miller; and Dore Kay Felix, Barbara Kish, LYnn Mason, Robert
5
Miller, and Donald Neidig, the remainderman beneficiaries of
the Trust of Ruth V. Miller, as described and laid out in the
Survey Plat of Proposed Access Easement for Daniel L. Rapak as
developed by Grove Associates, Engineers & Surveyors. A true
and correct of the Survey Plat of Proposed Access Easement for
Daniel L. Rapak is attached hereto, made part hereof;- and
incorporated herein by reference and marked Exhibit "P-2".
WHEREFORE, Petitioner requests your Honorable Court:
(a) To appoint a Board of Viewers pursuant to
36 P.S. 52731 to determine if a right-of-way is
necessary to permit Petitioner access to a public
road; and
(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. 52732;
and
6
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(c) To determine the extent of the amount of
damages, if any, suffered by the Respondents.
Respectfully submitted,
I;: 2~ I
, P.C.
By:
J. dan Cunningham, Esquire
.D. #23144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Petitioner)
bl\docs\petition\rapak
7
'I,
VBRIPICATION
I, DANIBL L. HAPAX, verrify that the statements made in
the foregoing PETITION FOR RULE TO SHOW CAUSE PURSUANT TO 36
P.S. 55273~ AND 2732 are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S.1\,.
relating to unsworn falsification to
54904,
authorities.
Dd~~ ~
Date:
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THIS DEED
,.... Parcel No,
y..- c<;- 10 - .3'l.S'"a -00'
Made the ill day of May, in the year Nineteen Hundred and Ninety-Seven (1997) between
DR. FOUAD A. GEADAH, of Camp Hill, Cumberland County, Pennsylvania (hereinafter
called the Grantors), and DANIEL L. RAPAK, single person, of Morris County, New Jersey
(hereinafter called the Grantee);
WITNESSETH, that in consideration of One Hundred Sixty Thousand ($160,000.00)
Dollars, in hand paid, the receipt whereof is hereby .acknowledged, the said Grantors does hereby
grant and convey to the said Grantee,
ALL THAT CERTAIN tract of land beginning at a point on the western side of Routes 11
and 15 (50 feet wide) at the county line marker between Perry County and Cumberland County and
at land now or late of Jonathon A. Seidel Estate; thence along Routes 11 and 15 the following two
courses and distances; (1) south 33 degrees 27 minutes 11 seconds east a distance of six hundred
thirteen and sixty-six hundredths (613.66) feet to a point; (2) by a curve extending to the right and
having a chord measured south 32 degrees 22 minutes 15 seconds east a length of fifty-three and
eighteen hundredths (53.18) feet and having a radius of one thousand four hundred seven and
sixty-nine hundredths (1407.69) feet an arc distance of fifty-three and eighteen hundredths (53.18)
feet to a point; thence south 82 degrees 38 minutes 33 seconds west a distance of three thousand
one hundred forty and sixty-seven hundredths (3140.67) feet to a point; thence north 06 degrees
00 minutes 10 seconds west a distance of three hundred forty-four and eight-five hundredths
(344.85) feet to a point at the county line; thence along the county line and land now or late of
Jonathon A. Seidel Estate north 77 degrees 31 minutes 17 seconds east a distance of two thousand
eight hundred fifty-one and forty-eight hundredths (2851.48) feet to a point, the place of
BEGINNING. c i ' ,
oK+- P<MS bcC'D \O.....,,~~~ P
CONTAINING 32.826 acres, more or less.
BEING the same premises which Brian E. Danzis and Donna K. Danzis granted and
conveyed by Deed Book Y, Vol. 34, Page 1130 to Dr. Fouad A. Geadah, grantor herein.
TOGETHER 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, 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 the said premises, and every part and parcel thereof.
TO HA VE AND TO HOLD the said premises, with all and singular the appurtenances,
unto the said party of the second part, his heirs and assigns, to and for the only proper use and
behoof of said party of the second part, his heirs and assigns forever.
UNDER AND SUBJECT to all easements, restrictions, encumberances, conditions and
other matters of record or that a physical inspection of the premises would reveal.
R 158 PAGE 4
, J
AND the said parties of the first part, for themseleves, 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 and assigns, and they, the said parties of the first part and their heirs, all and
singular the hereditaments and premises herein above described and granted, or mentioned and
intended so to be, with the appurtenances unto the said party of the second part, his heirs and
assigns, 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 or any part thereof, by,
through, from or under them or any of them shall and will, by these presents, WARRANT AND
FOREVER DEFEND.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and
year first above written.
Signed and delivered in the presence of
:)
,,^
The Grantor's wife, YVMNA L. GEADAH joins in this conveyance to transfer any marital
i tbm.tL.beO edtohavemsaid\r.H~(!~
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
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On thi .u day of I,j/ . 1997, before me, a Notary Public, in and for the
Commonweal ofPennsylvani~e the above named FOUAD A. GEADAH, and YUMNA
L. GEADAH and acknowledged the foregoing deed to be their act and deed and desired the same
to be recorded as such.
NOT "''!tAL Sl:Al 1
lCATRlNA It WMJ,S, Notory Publ::
Camp Hift Boro, Cumb~r1l1n.l Co.. PA
NIt Commission &;:ires Sept. 19, 1998
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ACCESS EASEMENT DESCRIPTION
All that certain piece, parcel or tract ofland being situate in East Pennsboro Township, County
of Cumberland, State of Pennsylvania, being more fully bounded and described as follows,
to wit:
BEGINNING at a point on the northern right of way line of Belle Vista Drive (80 feet wide),
said point being S 75059'40" W a distance of 385.38 feet from the center of a PP&L Co. pole
labeled 23078-S36029; thence across lands of James W. and Barbara A. Cox and Scott A. Irvan
and Victoria Niedig N 25054'15" E a distance of 148.61 feet to a point; thence N 34021 '14" E a
distance of 161.14 feet to a point near the property line of Scott A. Irvan, ET AL and the estate
of Ruth V. Miller; thence through the estate of Ruth V. Miller the following courses and
distances; thence by a curve to the right having a ~dius of 149.90 feet and an arc length of
100.93 feet to a point; thence N 72055'59" E a distance of 50.70 feet to a poin~ thence by a
curve to the left having a radius of85.00 feet and an arc length of79.61 feet to a point; thence
N 19016' 13" E a distance of 251.74 feet to a point; thence by a curve to the right having a radius
of 170.00 feet and an arc length of 102.57 feet to a point; thence by a curve to the left having a
radius of 1095.07 feet and an arc length of284.30 feet to a point; thence by a curve to the right
having a radius of384.02 feet and an arc length of 145.02 feet to a point; thence N60036'05" E a
distance of 300.25 feet to a point; thence by a curve to the left having a radius of 90.00 feet and
an arc length of 97.51 feet to a point; thence N 01028'33" W a distance of 124.99 feet to a point;
thence by a curve to the right having a radius of334.46 feet and an arc length of239.75 feet to a
point; thence N 39035'42" E a distance of 763.51 feet to a point; thence by a curve to the left
having a radius of200.00 feet and an arc length of 60.66 feet to a point; thence N 22013'02" E a
distance of 289.62 feet to a point; thence by a curve to the left having a radius of 80.98 feet and
an arc length of 135.81 feet to a point; thence N 73052'29" W a distance of206.59 feet to a point
on the common property line of the estate of Ruth V. Miller and Daniel L. Rapak; thence
N 71002'57" E a distance of 121.81 feet through (2) two W' rebars found along lands of the
estate of Ruth V. Miller and Daniel L Rapak; thence S 73052'29" E a distance of 106.90 feet to a
point; thence by a curve to the right having a radius of 150.98 feet and an arc length of 253.21
feet to a point; thence S 22013'02" W a distance of289.62 feet to a point; thence by a curve to
the right having a radius of270.00 feet and an arc length of 81.89 feet to a point; thence S
39035'42" W a distance of763.51 feet to a point; thence by a curve to the left having a radius of
264.46 feet and an arc length of 189.57 feet to a point; thence SOl 028'33" E a distance of 124,99
feet to a point; thence by a curve to the right having a radius of 160.00 feet and an arc length of
173.35 feet to a point; thence S 60036'05" W a distance of300.25 feet to a point; thence by a
curve to the left having a radius of314.02 feet and an arc length of 118.58 feet to a point; thence
by a curve to the right having a radius of 1165.07 feet and an arc length of302.48 feet to a point;
thence by a curve to the left having a radius of 100.00 feet and an arc length of 60.34 feet to a
point; thence S 19016'13" W a distance of25 1.74 feet to a point; thence by a curve to the right
having a radius of 155.00 feet and an arc length of 145.17 feet to a point; thence S 72055'59" W
a distance of50,70 feet to a point; thence by a curve to the left having a radius of 79.90 feet and
an arc length of53.80 feet to a point; thence S 34021 '14" Wa distance of 155.97 feetto a point;
thence S 25054' 15" W a distance of 49.34 feet to a point on the northern right of way line of
Belle Vista Drive (80 feet wide); thence along said right of way line S 62032'54" W a distance of
117.28 feet to a point on said right of way, the Point of BEGINNING.
The above-described access easement contains 5.744 acres ofland.
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LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
: PENNSYLVANIA
IN RE:
DANIEL L. RAPAK,
petitioner
NO. 01-2418 CIVIL TERM
v,
THE ESTATE OF RUTH V, MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R,
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MAsbN, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V,
MILLER,
Respondents
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Petition for Rule to Show Cause
Pursuant to 36 P,S, 552731 and 2732 filed to the above term
and number.
Date: November 13, 2001
P,C,
rdan D Cunningham, Esquire
I.D. #2 144
2320 North Second Street
p, 0, Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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SHERIFF'S RETURN - OUT OF COUNTY
.
CASE NO: 2001-02418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RAPAK DANIEL L
VS
MILLER RUTH V ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named RESPONDANT
, to wit:
MILLER DIRKSON R
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of MONROE
County, Pennsylvania, to
serve the within PETITION
On December 27th, 2001 , this office was in receipt of the
attached return from MONROE
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Monroe County
18.00
9.00
10.00
39.69
.00
76.69
12/27/2001
CUNNINGHAM
S. o. ~ a n.s..w.. .: .. .-;?;' . /~/'
- -~~~--
~7-~~~ / --
R~ Thomas Kline
Sheriff of Cumberland County
& CHERNICOFF
Sworn and subscribed to before me
this ;l-<.- day of Q-<'JAJT
:l-&rJ..v A. D.
~ C2. ~di- -:~
Prothonotary
DfTE R~C 05/01/01 date exp 06/01/01 REINSTATED EXP 12/14/01 G 53646 MS DEPOSIT $100.00
In The Court of Common Pleas of Cumberland County, Pennsylvania
Daniel L. Rapak
VS.
Estate of Ruth V. Miller et al
ct~E}~Y~,~~cDirkson- Miller No. 01
2418 civil
hereby deputize the Sheriff of
:-:': r-.:> (j)
C) g ::::
-:," - p,
, 20~, I, SHERIFF OF CUMBERLAND ~~PA,~
...: ..::::. -n
f" N -r'!
County to exec~ tJ.tt>s WEt, this
c: . c::>
;l: 1() -"
deputation being made at the request and risk of the Plaintiff. ;1 ry ~
, ,~~rc4<:~./ ~ r<1
Sheriff of Cumberland County _ P A
November 16
, ,--..
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"
Now,
Monroe
Affidavit of Service
Now, D,:c ~..YY\.<?:'F e '-I)
, 20~, at \ \ \:, o'clock A M. served the
within RE.. \ll~~ ICl
~E..
upon \.) \J{on 'R. fYlt \\lOG>
DR...f.). F J<....) "10,1 LF
,
PEJ-~+-~C:n~DT6..,)~ bS~
at \ 4 cg2
f3TA--re..... 12'0~ ReAD, ~lA-'\~.t-;.I~ p~ t9.L. \(':)
by handing to
Q\'/..I7T'\~. ~, \'\.'E.x'<-.
and made known to
~'\ "'^
copy of the original b~ ~: Al~ s=
~L"-tcn~ R",,\E \.r:."b'nou..:, LR-u'b~
the contents thereof.
a
'R~,,^":>~
$100.00 Deposit
39.69 Costs
$ 60.31 Refund
So answers,
~-c}.~.,
~F.~~~ ~~1
Sheriff of County, PA
Amal F. AL-Harby, Deputy Sheriff
COSTS
Sworn and subscribed before SERVICE
m;.Jbi{ 17thdayof Ilecember , 20~ MILEAGE
(' /) ~J.l ~.a AFFIDAVIT
. I LJ1~~~TARIALSEAL
S PAULA K, HALLOCK, Notary Public
MtroUdsburg Bora, Monroe County PA
YC '
, ommission Expires June 21,2003
$
$
IN RE: LAYING OUT AND
OPENING A PRIVATE ROAD IN
EAST PENNSBORO TOWNSHIP,
PENNSYL VANIA
DANIEL L. REPAK,
Petitioner,
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
and CO-EXECUTORS OF THE
ESTATE, and DlRKSON R. MILLER
and VICTORIA E. NEIDIG, DAVID K.
MILLER, RUTH V. NYQUIST, LIFE
ESTATE BENEFICIARIES OF THE
TRUST OF RUTH V. MILLER and
DORE KAY FELIZ, BARBARA KIST,
LYNN MASON, ROBERT MILLER and:
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V. MILLER,:
Respondents.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2418 CIVIL TERM
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
I, DOUGLAS MILLER, a competent adult, being duly sworn according to law, depose
and say that on January 22, 2002, I personally served by first class mail, postage prepaid, the
Answer of Respondents Barbara Kist and Robert Miller to the Petition for the Opening and
Laying of a Private Road in the above-captioned case, to the following individuals:
To: Donald Neidig
15 18 Scenic Drive
Almogordo, NM 88310
Ruth Nyquist
205 Belle Vista Drive
Enola, P A 17025
Victoria Neidig
216 Belle Vista Drive
Enola, P A 17025
Dore Kay Felix
3207 Pennswood Road
Harrisburg, PA 17110
Lynn Mason
C/O The Plumb
3801 Gettysburg Road
Camp Hill, P A 17011
I verify that the statements in this return of service are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to
unsworn falsification to authorities.
Date: ~ ')ode, 2002
Swo'rn and subscriqed
before me this ~-aay
:~-;;:ttN/
Notarial Seal
M.artha L. Noe~ Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Sept. 18, 2003
Member, Pennsylvania Association ot Notaries
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
DANIEL 1" RAPAK,
Petitioner
: NO. 01-2418 CIVIL TERM
v,
THE ESTATE OF RUTH V, MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V, NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V,
MILLER,
Respondents
PETITION TO ADD AN ADDITIONAL RESPONDENT
AND NOW, comes your Petitioner, Daniell." Rapak, who files this Petition to Add
an Additional Respondent and in support thereof avers the following:
1. This Petition was filed on or about May 1, 2001.
1
II
2, A Rule to Show Cause was issued against all Respondents on May I, 2001.
3, Two (2) of the Respondents, Barbara M, Kist and Robert Miller, filed an Answer
to the Rule to Show Cause on June 1, 2001.
4, On or about January 18,2002, a Petition to Partially Make the Rule Absolute and
a Petition to Appoint a Board of Viewers was filed,
5, On January 22, 2002, this Honorable Court issued an Order appointing a Board
of Viewers.
6, In July, 2002, the Board of Viewers reviewed the area in which the Petitioner is
seeking the establishment of a private road,
7, During the view, a question arose as to whether a road opening permit or a private
road permit could be obtained from PennDOT or East Pennsboro Township due to the
various site lines at the terminus of the proposed right-of-way,
8, Petitioner made an inquiry regarding a road opening permit with the engineering
office of East Pennsboro Township, the township in which the proposed private road is
located.
2
II
9, The Township engineer reviewed his files and determined the road onto which
the proposed private road would terminate is a Township road
10. Further investigation ofthe Township records indicate that the proposed private
road would cross a Township right-of-way which e:xtends from the side of the existing
Township road.
11. The existence of the Township's right-of-way, prior to its being revealed by the
Township engineer, was unknown to the Petitioner and the Respondents.
12, Petitioner's counsel contacted the Township's solicitor, Henry Coyne, Esquire,
to determine whether the Township had any objection to be named as a Respondent to this
action. Mr. Coyne could not give an opinion as to whether there would be any objection to
the joinder of the Township.
13 Petitioner's counsel contacted Respondent, Barbara Kist and Robert Miller's
counsel, who indicated he had no objection to the adding of the Township as a party
Respondent.
14. The property interests of East Pennsboro Township will be affected ifthe private
road is found to be necessary and laid out by the Board of Viewers,
15, East Pennsboro Township is a necessary party to this action.
3
II
CERTIFICATE OF S:ERVICE
I do hereby state that I served a true and Icorrect copy of the Petition to Add
Additional Respondent in the above captioned matter, by placing the same in the V.S, mail,
postage prepaid, on February 20,2003, addressed to:
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, P A 17013
(Attorneys for Barbara Kist and
Robert Miller)
Date: February 20. 2003
Henry Coyne, Esquire
Coyne & Coyne, P.e.
3901 Market Street
Camp Hill, PA 17011-4227
(East Pennsboro Township Solicitor)
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P,C.
B~: //31 uvktJ m U0.~
Blanche A, Morriso~, Legal Assistant
to Jordan D. Cunningham, Esquire
2320 North Second Street
p, 0, Box 60457
Harrisburg, PA 17106-0457
Telephone:: (717) 238-6570
(Attorneys for Petitioner,
DanielL. Rapak)
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INRE:
LAYING OUT AND OPENING
A PRIV A TE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
: NO, 01-2418 CIVIL TERM
v,
THE ESTATE OF RUTH V. MILLER,
HELENK. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKS ON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION - LAW
OF RUTH V, MILLER AND DORE
KAY FELIX, BARBARA KlSH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
ORDER
AND NOW, this ~ day of FEBRUARY, 2003, upon review of the annexed
Petition and upon motion ofJordan D. Cunningham, Esquire, a Rule is hereby issued against
East Pennsboro Township, to show cause if any it has why ~d as a party
Respondent in the above captioned matter. fluJz..-
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAP AK,
Petitioner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND C UNTY,
: PENNSYLVANIA
: NO. 01-2418 CIVIL ERM
THE ESTATE OF RUTH V. MILLER,
HELEN K, WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E,
NEIDIG, DAVID K. MILLER,
RUTH V, NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION - L W
OF RUTH V, MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V,
MILLER,
Respondents
PETITION MAKE RULE ABSOLUTE
AND NOW, comes your Petitioner, Daniel L. Rapak, who fi es this Petition to Make
Rule Absolute and in support thereof avers the following:
1
II
1. On February 3, 2003 the Petitioner filed a Petitio to Add an Additional
Respondent.
2, On February 20,2003, this Court entered a Rule to S ow Cause against East
Pennsboro Township to show cause why it should not be named as a party Respondent in
the above captioned matter, with a Rule returnable thirty (30) days a er service, A true and
correct copy of the Petition and Order are attached hereto, made pa hereof and marked as
Exhibit "P-I ",
3, On February 24,2003, a true and correct copy ofth Order and Petition to
Add an Additional Defendant was served on East Pennsboro Town hip's Solicitor, Henry
Coyne, Esquire, A true and correct copy of the Certificate of Se 'ce is attached hereto,
made a part hereof and marked as Exhibit "P-2",
4, No Response to the Rule and Petition has been file as of the date of this
Petition to Make Rule Absolute,
2
"
I
WHEREFORE, Petitioner, Daniel L. Rapak, respectfullypra s this Honorable Court
to enter an Order granting the relief sought in the Petition to Add an dditional Respondent.
Date: April 8. 2003
3
II
II
EX H I BIT "P-l"
THE ESTATE OF RUTH V. MILLER,
HELEN K, WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKS ON R.
MILLER AND VICTORIA E,
NEIDIG, DAVID K. MILLER,
RUTH V, NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION - L W
OF RUTH V, MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V,
MILLER,
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
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DANIEL L. RAP AK,
Petitioner
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Respondents
AND NOW, this .J ()
~rB 2 0 2D03
: IN THE COURT 0 COMMON PLEAS
: CUMBERLAND C UNTY,
: PENNSYLVANIA
: NO. 01-2418 CIVIL TERM
ORDER
day of FEBRUARY, 2003, up n review of the annexed
Petition and upon motion of Jordan D. Cunningham, Esquire, a Rul is hereby issued against
East Pennsboro Township, to show cause if any it has why it shoul not be named as a party
Respondent in the above captioned matter, 1~ 3 () ~ c~
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
v,
: IN THE COURT 0 COMMON PLEAS
: CUMBERLAND C UNTY,
: PENNSYLVANIA
: NO. 01-2418 CIVI TERM
THE ESTATE OF RUTH V, MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKS ON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K, MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION -
OF RUTH V, MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V,
MILLER,
Respondents
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PETITION TO ADD AN ADDITIONAL RESP NDENT
AND NOW, comes your Petitioner, Daniel L. Rapak, who files this Petition to Add
an Additional Respondent and in support thereof avers the folIo 'ng:
1, This Petition was filed on or about May 1, 2001,
1
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II
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2, A Rule to Show Cause was issued against all Responde ts on May 1,2001,
3. Two (2) of the Respondents, Barbara M, Kist and Robe
to the Rule to Show Cause on June 1, 2001.
i
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11
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4. On or about January 18,2002, a Petition to Partially Ma e the Rule Absolute and
a Petition to Appoint a Board of Viewers was filed.
5, On January 22, 2002, this Honorable Court issued an der appointing a Board
of Viewers.
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6, In July, 2002, the Board of Viewers reviewed the area i which the Petitioner is
seeking the establishment of a private road,
7. During the view, a question arose as to whether a road 0 ning permit or a private
road permit could be obtained from PennDOT or East Pennsbo 0 Township due to the
various site lines at the terminus of the proposed right-of-way.
II
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8. Petitioner made an inquiry regarding a road opening pe it with the engineering
office of East Pennsboro Township, the township in which the roposed private road is
located.
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9, The Township engineer reviewed his files and determin d the road onto which
the proposed private road would terminate is a Township road
10. Further investigation ofthe Township records indicate t at the proposed private
road would cross a Township right-of-way which extends from e side of the existing
Township road.
11. The existence ofthe Township's right-of..way, prior to i s being revealed by the
Township engineer, was unknown to the Petitioner and the Respo dents,
12. Petitioner's counsel contacted the Township's solicitor Henry Coyne, Esquire,
to determine whether the Township had any objection to be named as a Respondent to this
action. Mr. Coyne could not give an opinion as to whether there w uld be any objection to
the joinder of the Township.
13 Petitioner's counsel contacted Responde:nt, Barbara K st and Robert Miller's
counsel, who indicated he had no objection to th(~ adding of th Township as a party
Respondent.
ii
14. The property interests of East Pennsboro Township will e affected if the private
road is found to be necessary and laid out by the Board of Viewer .
15, East Pennsboro Township is a necessary party to this ction.
3
WHEREFORE, Petitioner respectfully reqUl~sts this Hono able Court to enter an
Order allowing East Pennsboro Township to be named as a R spondent to the above
captioned matter,
Date: February 19. 2003
,5~HAM &
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CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy f the Petition to Add
Additional Respondent in the above captioned matter, by placing th same in the V,S. mail,
postage prepaid, on February 20,2003, addressed to:
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Douglas G, Miller, Esquire
Irwin, McKnight &. Hughes
West Pomfret Professional Bldg,
60 West Pomfret Street
Carlisle, PA 17013
(Attorneys for Barbara Kist and
Robert Miller)
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Date: February 20. 2003
"
Henry Coyne, Esquire
Coyne &. Coyne, P.C,
3901 Market Street
Camp Hill, PA 17011 227
(East Pelmsboro Town hip Solicitor)
Respectfully submitte ,
CUNNn~GHAM & C ERNICOFF, P.C.
d31' I~ ~
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y, ,
Blanche A. Morrison, egal Assistant
to Jordan D. Cunningh m, Esquire
2320 North Second St et
P. 0, Box 60457
Harrisburg, P A 17106 0457
Telephone: (717) 238 6570
(Attorneys for Petition r,
Daniel L. Rapak)
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EX H I BIT "P-2"
II
INRE:
: IN THE COURT OF OMMON PLEAS
: CUMBERLAND CO TY,
: PENNSYLVANIA
LAYING OUT AND OPENING
A PRIV ATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYL VANIA
DANIEL L. RAP AK,
Petitioner
: NO. 01,.2418 CIVIL ERM
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKS ON R,
MILLER AND VICTORIA E,
NEIDIG, DAVID K, MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION - L W
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
CERTIFICATE OF SERVICE
I do hereby state that I served a true and con-ect copy of th Order entered by this
Court on February 20, 2003, and a copy of the Petition to Add A itional Respondent in
the above captioned matter, by placing the same in the U.S, m iI, postage prepaid, on
February 24, 2003, addressed to:
Douglas G, Miller, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, P A 17013
(Attorneys for Barbara Kist and
Robert Miller)
Henry Coyne, Esquire
Coyne &: Coyne, P.c.
3901 Ma.rket Street
Camp H:lll, P A 17011 4227
(East PelIDsboro Town hip Solicitor)
Date: April 8. 2003
CUNNINGHAM & C ERNICOFF, P.C,
B?'~h:A. Mo~son; egal Assis~/ Cd.4 'l'--
2320 North Second S eet
Han-isburg, P A 1711 0
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND C UNTY,
: PENNSYL VANIA
INRE:
DANIEL L. RAPAK.,
Petitioner
: NO, 01-2418 CIVIL ERM
v.
THE ESTATE OF RUTH V, MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K, MILLER,
RUTH V, NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION - L W
OF RUTH V, MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V,
MILLER,
Respondents
CERTIFICATE OF SERVICE
I do hereby state that I served a true and conrect copy of PETITION TO MAKE
RULE ABSOLUTE in the above captioned matter, by placing th same in the U.S, mail,
postage prepaid, on April 3-, 2003, addressed to:
Douglas G, Miller, Esquire
Irwin, McKnight & Hughes
vi est Pomfret Professional Bldg,
60 West Pomfret Street
Carlisle, P A 17013
(Attorneys for Barbara Kist and
Robert Miller)
Henry Coyne, Esquire
Coyne & Coyne, P,C,
3901 Market Street
Camp Hill, PA 17011-4227
(East Pennsboro To . ship Solicitor)
Date: April q 2003
ERNICOFF, P.C.
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYL VANIA
DANIEL L. RAP AK,
Petitioner
v,
..
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 01-2418 CIVIL TERM
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKS ON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V, NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION - LAW
OF RUTH V, MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V,
MILLER,
Respondents
AND NOW, this
\\.0\
day of
ORDER
~\
,2003, after review ofthe
annexed Petition and upon the motion of Jordan D, Cunningham, Esquire, the Rule
previously issued against East Pennsboro Township to show cause, why the relief sought in
,.
...
II
he Petition to Add an Additional Respondent should not be granted is made absolute, as the
result of its failure to respond to the same, East Pennsboro Township is added to this action
as a Respondent Party,
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LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
INRE:
DANIEL L. RAPAK,
Petitioner
: NO, 01-2418 CIVIL TERM
v,
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKS ON R.
MILLER AND VICTORIA E,
NEIDIG, DAVID K. MILLER,
RUTH V, NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST : CIVIL ACTION - LAW
OF RUTH V, MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy ofthe ORDER entered on April
14, 2003, by the Honorable Edgar B, Bayley with regard to the Petition to Make Rule
Absolute in the above captioned matter, by placing the same in the U.S. mail, postage
prepaid, on April 16, 2003, addressed to:
Douglas G, Miller, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Bldg,
60 West Pomfret Street
Carlisle, P A 17013
(Attorneys for Barbara Kist and
Robert Miller)
Henry Coyne, Esquire
Coyne & Coyne, P. C.
3901 Market Street
Camp Hill, P A 17011-4227
(East Pennsboro Township Solicitor)
Date: April 16. 2003
INGHAM & CHERNICOFF, ~.C. \
! tMA~
anche A. Morrison, Legal tant
Jordan D. Cunningham, Esquire
2320 North Second Street
Harrisburg, PAl 711 0
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LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
INRE:
DANIEL L. RAP AK,'
Petitioner
: NO, 01-2418 CIVIL TERM
v.
THE ESTATE OF R~. TH V, MILLER,
HELEN K, WIEST, O-TRUSTEES
AND CO-EXECUTO S OF THE
ESTATE, AND DI~ON R.
MILLER AND VICT RIA E.
NEIDIG, DAVID K. ILLER,
RUTH V, NYQUIST,ILIFE ESTATE
BENEFICIARIES oF! THE TRUST
OF RUTH V, MILLE AND DORE
K.A Y FELIX, BARB KlSH, LYNN
MASON, ROBERT ILLER AND
DONALD NEIDIG, S THE
REMAINDERMAN ENEFICIARIES
OF THE TRUST OF UTH V,
MILLER,
: CIVIL ACTION - LAW
Respondents
~tTION TO ENFORCE SETTLEMENT AGREEMENT
,
AND NOW cqmes your Petitioner, Daniel L. Rapak, by and through his counsel,
I
I
Cunningham & Che1icoff, P,C, who file this Petition to Enforce Settlement and in support
thereof avers the follo~ing:
1. This P~tition was filed on or about May 1, 2001,
I
A Rulli' Show a,"~ - '",00 .",m'l <Ire &1 R,"po''''''' "M'Y 1,2001.
I
I
2.
3, Two of the Respondents, Barbara Kish and Robert Miller filed an Answer to the
Rule to Show Cause on June 1,2001.
4, On or about January 18,2002, Petitioner filed a Petition to partially make rule
issued on May I, 2002 absolute against non-answering Respondents and a Petition to Appoint a
Board of Viewers was filed.
5. On Janfary 22, 2002, this Honorable Court issw:d an order appointing a Board of
Viewers,
In JUly12002, the Board of Viewers reviewed thl: area in which the Petitioner is
I
I
seeking the establisim}ent of a private road,
7,
8. On Fe~ruary 19, 2003, Petitioner filed a Petition to add East Pennsboro Township
as a party.
9, On or Jbout April 9, 2003, a Petition to make the Rule issued against East
,
Pennsboro Township ~bsolute was filed.
10, On AP~114, 2003, the Court entered an Order granting the Petition to make Rule
,
,
Absolute issued again~t East Pennsboro Township.
II. The B~ard of Viewers set a hearing for June 26, 2003, to take testimony.
12, On J~ 25, 2003, Petitioner and the two objecting Respondents, Barbara Kish
:
and Robert Miller, entjered into a comprehensive settlement agreement settling all outstanding
I
issues as between the ~arties,
!
13. The seflement agreement between the parties provided for the following:
(I) A private right-of-way would be granted to the Petitioner having a
width of 35 fe t measured 17&1/2 feet from the center line of the existing right-
of-way beginn ng at the southern border of the Petitiom:r's property and
2
extending southwardly a distance of approximately 2500 feet through
Respondent's property where the private right-of-way tl~rminated at the existing
right-of-way's intersection with Bella Vista Road.
(2) Along the edge ofthe thirty-five (35') foot right-of-way would be a
maintenance easement for utility companies and Petitioner to perform work of the
right-of-way, tb the extent of said maintenance right-of-way to be established by
the representa~ves of utility companies with the concept that any utility poles
would be plac~d along the boundary of the private easement being granted to the
i
Petitioner.
(3) IA separate utility easement to provide el,ectrical power from a
I
power source ~cated in Buena Vesta Road to the right-of-way would be granted
to the petition~r in accordance with the survey drawing which had been provided
to Respondent~' counsel having a width of 50 feet.
(4) iPetitioner would pay to the Estate of Ruth B. Miller and the co-
trustees of the Miller Trust the sum of $25,000,00 in ex,~hange for the private
easement, maijItenance easement, and utility easement.
14. Petitio,er and Respondent's counsel forwarded notice of settlement to the
Chairman of the Boar~ of Viewers on June 25, 2003, advising the Chairman of the settlement.
True and correct copyi of the Petitioner's notice is attached here:to, made part hereof and marked
Exhibit P-l.
15, On AUf'st 20, 2003, Petitioner's counsel forwarded to Respondent's counsel,
Douglas G, Miller a c mprehensive easement agreement which included the items set forth in
paragraph 13 above a d included the provisions for contribution for future maintenance and
3
improvements if the Miller Estate ever developed the property through which the private right-
of-way passes, A true and correct copy of correspondence forwarding the Easement Agreement
is attached hereto and'made a part hereof and is marked Exhibit P2.
16, On September 11,2003, Petitioner's counsel again contacted Respondents'
counsel Douglas G, Miller requesting input and suggestions as concerning the draft agreement
that had been forward~d to him on August 20,2003.
17. Petitio~er's counsel by the first week of October 2003, had not had any contact,
I
oral or written, from ~espondents' counsel, Douglas G. Miller, and was eventually advised by
Mr. Miller that a conJrence call with his clients was to occur on Thursday, October 10,2003,
after which conferencp call he would contact Petitioner's counsel.
18. Since <pctober 14, 2003, Petitioner's counsel has contacted Respondents'
I
counsel's office on nQ less than eight different occasions to obtain Respondent's comments to
the agreement forwar~ed to Respondents' counsel on August 20,2003, all of which have led to
,
counsel being requestfd to leave a message on Respondents' counsel's voicemail, to which no
response was ever ma~e until October 23,2003, at which time Respondents' counsel advised he
had some concerns w~ the written documents forwarded to him and would communicate those
concerns and revision~ to Petitioner's counsel. To date, no further communication has been
received,
I
19. Petitiofer is of the belief and therefore avers the full, complete, and global
settlement of the outsfnding issues raised by the Petition for the Laying out and Opening of a
Private Road were a~eed upon by counsel on June 25, 2003. Petitioner has remained ready,
,
willing, and able to p rform the obligations under that agreement and Respondents have refused
to comply with the te s and conditions of the settlement agreement reached between counsel.
4
WHEREFORE, your Petitioner respectfully requests that the Court to enter an Order
directing the Respondents to comply with the terms and conditions of the settlement agreement
or in the alternative EjJter an Order laying out the opening of a private road in accordance with
the terms and conditions of the settlement agreement reached by the parties together with an
award of Petitioner's counsel fees in obtaining this directive,
Respectfully submitted,
By.
dan~. nningham, Esquire
J.D. #2 44
2320 orth Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Dated: i 1-3-00
5
EXHIBIT PI
JORDAN f). CUNNINGHAJ\1
ROSERT .t. CHERN(COf''f
MARC W. WITZIG
.HENRY W. VAN ECK
JOHN M. .HYAMS
CUNNINGHAM & CHERNlCOFF, p,c.
ATTORNEYS AT LAW
P,O, BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
i"I ERSHIT TELEPHONE
(7:17)534-2633
tRS NO. 2~.2274135
5tteetAcldres~'.
2320 N. 2nd StT~et
Marrisburg, PA J1110
TELEl'HONt-'. (117) 238-65711
FAX (117) 23s-48O'J
June 25, 2003
William A. Duncan, Esquire
Duncan & Hartman, P,C,
One Irvine Row
Carlisle, P A \7~13
VIA TELECOP!ER _ 249-7800 DICTATED BUT NOT READ
Re: ~' apak v, Miller Estate, et al.
0,01,2418 Civil Term
u" File No, 405597
Dear Mr, Dunc~n:
I
I
The P;' es have settled their differences and will be entering into an Easement Agreement
and appropriat documentation to be recorded, I am asking that the hearing scheduled for June 26,
2003 be con' ed in the event that the parties are unable to reach al~ent within a reasonable
period oftime"
Thank jrou for your attention to this matler,
Very truly YOUt~,
JDClbam I ./
cc: Dani~1 L. Rapak './
Doug/as G, Miller, Esquire (Via - 249-6354)
Hernt Coyne, Esquire (Via - 737,5161)
CUNN H~~~IC~P'C.
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EXHIBIT P2
JORDAN D, CUNNINGHAM
ROBERT E, CHERNICOFF
MARC W. WITZIG
HENRY W. VAN ECK
JOHN M, HYAMS
CUNNINGHAM & CHERNICOFF, P,c.
ATTORNEYS AT LAW
P,O, BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
HERSHEY TELEPHONE
(717) 534-2833
IRS NO, 23-2274135
Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
TELEPHONE (717) 23B-<;570
FAX (717) 238-4809
August 20, 2003
Douglas G, Miller, E uire
Irwin, McKnight & ghes
West Pomfret Profess'onal Building
60 West Pomfret Stre t
Carlisle, PA 17013-3 22
Re,' Danie Rapak/The Estate of Ruth Miller
Our Fl e No, 405597
Dear Doug:
Please excuse my delay in forwarding the enclosed Agreement to you.
In order to cl 'fy one of the outstanding issues, I contacted PP&L to determine the exact
status of any clearanc they needed along utility line easements f,Jr purposes of trimming vegetation
on the area of the util ty lines, This is an important issue to PP&L as evidenced by the North East
black out which was pparently caused by vegetation which shorted a major utility line, PP&L is
now even more sensi ive to this issue as a result of that black out. PP&L reports to me that they
need an area offiftee feet (15') to each side of the utility line in order to properly maintain such
utility lines, This wo Id be in the interest of not only my client, but also your clients if they were
to ever build or subdi ide the Miller Estate property. As of the date of this draft. I have no idea what
side of the General E sement PP&L will choose to place utility lines, Therefore, in addition to the
thirty-five foot (35') eneral Easement, I have created a Maintenance Easement of an additional
fifteen feet (15') to ea h side of the General Easement solely to be: used for the purposes of obtaining
access to clear vegeta ion from the area of utility lines and/or to allow access to machinery in order
to provide maintenan e along the General Easement. This really should not present any difficulty
to your clients as it v ry well may benefit them in the future, as well as Mr, Rapak.
I also took so e time, as did Mr, Rapak, in attempting to develop a formula which recoups
the cost incurred by r. Rapak as the result of having to pay the Miller Estate for the Utility,
Maintenance and Ge ral Easements, It is not the intent ofthe Agreement that the Miller Estate pay
any amounts to Mr. apak if the level of the heirs use remains consistent with that which is
presently being reali d. However, in the event that the Miller Estate subdivides the property, or
in the alternative, one of the heirs or a third party, builds anew home (s) on the Miller Estate parcel,
it is only fair that tho e individuals who will be using the right-of-way for access of their property,
pay a certain portion fthe costs incurred by Mr, Rapak in purchasing the right-of-way from your
clients, I have provid d a paragraph for that contingency and ask for your consideration and input.
CUNNINGHAM & CHERNICOFF, P,c.
ATTORNEYS AT LAW
Douglas G, Miller, Esquire
August 20, 2003
Page 2
Part of the dif~culty in drafting the Agreement was also to develop a fair and equitable
formula for the futur~ maintenance of the General Easement, Once again, your review of this
paragraph is solicited. I
,
,
Please review ~e enclosed Agreement. I attempted to address all the issues that may arise
in the future, I believj that all contingencies have been considered.
If you have qUfstions regarding this matter, please do not hesitate to contact me,
Very truIYy-~ ~
C~~.~J..6IERNICOFF, P,C.
JDClbam
~
, Cunningham
Enclosure
cc: Daniel Rapak I
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy of the foregoing by placing the
same in the U.S. mail; postage prepaid, on November ~2003, addressed to:
Douglas G. Miller, E~quire
Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Str~et
Carlisle, PA 17013
(Attorneys for Barba a Kish and
Robert Miller)
Henry Coyne, Esquire
Coyne & Coyne, JP,C,
3901 Market Street
Camp Hill, PA 17011-4227
(East Pennsboro Township Solicitor)
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LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
~ 4 2003
: IN THE COURT OF COMMON PLEAS
: CUMBERI"AND COUNTY,
: PENNSYLVANIA
() ~7
INRE:
DANIEL L. RAPAK,
Petitioner
: NO. 01-2418 CIVIL TERM
y,
THE ESTATE OF RUTH V, MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E,
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KlSH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
: CIVIL ACTION - LAW
Respondents
RULE
AND NOW, this Jilf-aay of ~003 upon consideration of Petitioner's
Petition to Enforce Settlement Agreement, a Rule is issued upon Respondents to show cause
why the relief requested in the Petition to Enforce Settlement Agreement should not be granted,
Rule returnable -2 days after service.
/.
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BY THE COURT:/
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYL VANIA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
DANIEL 1. RAPAK,
Petitioner
: NO, 01-2418 CIVIL TERM
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V, NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V,
MILLER,
: CIVIL ACTION - LAW
Respondents
SPECIAL PETITION TO ENFORCE SETTLEMENT AGREEMENT
AND NOW comes your Petitioner, DanielL. Rapak, by and through his counsel,
Cunningham & Chemicoff, P.C. who file this Second Petition to Enforce Settlement and in
support thereof avers the following:
I, This Petition was filed on or about May I, 200 I.
2. A Rule to Show Cause was issued against the all Respondents on May 1,2001.
3, Two of the Respondents, Barbara Kish and Robert Miller filed an Answer to the
Rule to Show Cause on June 1,2001.
4, On or about January 18, 2002, Petitioner filed a Petition to partially make rule
issued on May 1,2002 absolute against non-answering Respondents and a Petition to Appoint a
Board of Viewers was filed,
5, On January 22,2002, this Honorable Court issued an order appointing a Board of
Viewers.
6, In July 2002, the Board of Viewers reviewed tht: area in which the Petitioner is
seeking the establishment of a private road.
7. On February 19,2003, Petitioner filed a Petition to add East Pennsboro Township
as a party,
8. On or about April 9, 2003, a Petition to make the Rule issued against East
Pennsboro Township Absolute was filed,
9. On April 14, 2003, the Court entered an Order granting the Petition to make Rule
Absolute issued against East Pennsboro Township.
10, The Board of Viewers set a hearing for June 26, 2003, to take testimony,
II, On June 25, 2003, Petitioner and the two objecting Respondents, Barbara Kish
and Robert Miller, entered into a comprehensive settlement agreement settling all outstanding
issues as between the parties.
12, The settlement agreement between the parties provided for the following:
(1) A private right-of-way would be granted to the Petitioner having a
width of35 feet measured 17&1/2 feet from the center line of the existing right-
2
of-way beginning at the southern border of the Petitionler's property and
extending southwardly a distance of approximately 2500 feet through
Respondent's property where the private right-of-way terminated at the existing
right-of-way's intersection with Bella Vista Road.
(2) Along the edge of the thirty-five (35') foot right-of-way would be a
maintenance easement for utility companies and Petitioner to perform work of the
right-of-way, to the extent of said maintenance right-of.,way to be established by
the representatives of utility companies with the concept that any utility poles
would be placed along the boundary of the private easement being granted to the
Petitioner.
(3) A separate utility easement to provide el,ectrical power from a
power source located in Buena Vesta Road to the right-of-way would be granted
to the petitioner in accordance with the survey drawing which had been provided
to Respondents' counsel having a width of 50 feet.
(4) Petitioner would pay to the Estate of Ruth B. Miller and the co-
trustees of the Miller Trust the sum of $25,000.00 in ex\:hange for the private
easement, maintenance easement, and utility easement.
13. Petitioner and Respondent's counsel forwarded notice of settlement to the
Chairman of the Board of Viewers on June 25, 2003, advising die Chairman of the settlement.
True and correct copy of the Petitioner's notice is attached hereto, made part hereof and marked
Exhibit P-I.
3
14, On August 20, 2003, Petitioner's counsel forwarded to Respondent's counsel,
Douglas G. Miller a comprehensive easement agreement which included the items set forth in
paragraph 13 above and included the provisions for contribution for future maintenance and
improvements if the Miller Estate ever developed the property through which the private right-
of-way passes. A true and correct copy of correspondence forvvarding the Easement Agreement
and the Easement Agreement is attached hereto and made a pmt hereof and is marked Exhibit
P-2.
IS. On September 11,2003, Petitioner's counsel again contacted Respondents'
counsel Douglas G. Miller requesting input and suggestions as concerning the draft agreement
that had been forwarded to him on August 20, 2003,
16. Petitioner's counsel by the first week of October 2003, had not had any contact,
oral or written, from Respondents' counsel, Douglas G. Miller, and was eventually advised by
Mr. Miller that a conference call with his clients was to occur on Thursday, October 10,2003,
after which conference call he would contact Petitioner's counsel.
17, Since October 14,2003, Petitioner's counsel has contacted Respondents'
counsel's office on no less than eight different occasions to obtain Respondent's comments to
the agreement forwarded to Respondents' counsel on August 20, 2003, all of which have led to
counsel being requested to leave a message on Respondents' counsel's voicemail, to which no
response was ever made until October 23,2003, at which time Respondents' counsel advised he
had some concerns with the written documents forwarded to him and would communicate those
concerns and revisions to Petitioner's counsel. To date, no further communication has been
received,
4
18. On February 19,2004, PetitiQner filed a PetitiQn tQ EnfQrce a Settlement
Agreement.
19. On March 4, 2004, a cQnference was held befQrle the HQnQrable Edgar B, Bayley
at which time it was represented by DQuglas Miller, Esquire that his clients ResPQndents RQbert
Miller and Barbara Kish were in agreement with the terms .of the prQPQsed Settlement
Agreement and that they .only desired tQ see where PP&L prQPiOsed tQ place the utility line PQles
priQr tQ final agreement.
20. ResPQndent's cQunsel at the same cQnference represented tQ the CQurt and Jill
Wineka, cQunsel fQr the Estate .of Ruth Miller, that an Agreeme:nt WQuld be imminently reached
regarding the replacement .of the executQrs .of the Estate with nl:W executQrs DBN/CTA.
21, PetitiQner has been advised by Ms, Wineka and, therefQre avers, an agreement
was reached between ResPQndent's cQunsel DQuglas Miller, and .one .of the Estate's cQunsel, Jill
Wineka, that CQ-executQrs fQr the Estate WQuld be Lynn MasQn and JQhn Miller.
22, Ms. Wineka advised PetitiQner's cQunsel as .of Jlme 28, 2004, all RenunciatiQns
sent tQ .other qualified individuals tQ act in the capacity .of ExecutQr DBN/CTA have been
received by her with the exceptiQn .of the RenunciatiQn .of RespiOndent Barbara Kish, and thus,
cQntrary tQ the Agreement reached with ResPQndent's cQunsel, DQuglas Miller, the Estate
remains withQut an ExecutQr.
23. On March 31, 2004, PetitiQner's cQunsel, after niOt hearing frQm ResPQndent's
cQunsel, set an apPQintment with PP&L technicians tQ meet .on the site tQ review the prQPQsed
placement .of utility PQles and advised ResPQndent's cQunsel, Douglas Miller, and the Estate's
cQunsel, Jill Wineka, .of the time and date .of the cQnference,
5
24, On April 12, 2004, an on-site conference was held with PP&L representatives
with Petitioner's and Respondents' respective counsel and a representative of the Estate.
25. On or by May 7, 2004, PP&L representatives had marked the proposed position
of the utility poles along the right-of-way and the positioning had been approved by
Respondents, the Estate's representative and the Petitioner.
26. On May 7, 2004, Petitioner's counsel spoke with Respondents' counsel, Douglas
Miller, who indicated to Petitioner's counsel that with the exception of a modification of a minor
clause in the Settlement Agreement, which modification would be shortly forthcoming, his
clients were in a position to approve the Agreement.
27. On June 29, 2004, at approximately 9:00 a.m., Petitioner's counsel left
Respondents' counsel a voice message reminding him that he had not forwarded any proposed
modifications and that unless he contacted Petitioner's counsel within 24 hours, Petitioner's
counsel would assume the Settlement Agreement as drafted was acceptable and that a Petition
seeking imposition of the Settlement Agreement by the Court against all Respondents and
monetary sanctions against Respondent Barbara Kish.
28. Petitioner is of the belief, and therefore avers, the full, complete, and global
settlement of the outstanding issues raised by the Petition for the Laying out and Opening of a
Private Road were agreed upon by counsel on June 25, 2003. Respondent's counsel has
represented to the Court the Settlement Agreement as drafted was acceptable, Petitioner has
remained ready, willing, and able to perform the obligations under that Agreement and
Respondents have refused to comply with the terms and conditions ofthe Settlement Agreement
reached between counsel.
6
29. As of the date of this pleading, Respondents' counsel has failed to contact
Petitioner's counsel.
30, Petitioner advised Jill Wineka, Esquire of his intent to file this Petition to which
she expressed no opposition.
31, Petitioner as the result of Respondent Barbara Kish's dilatory and obdurate
conduct, has been caused to file not only this pleading, but also. the Petition to Enforce the
Settlement Agreement filed on February 19, 2004,
32. Pursuant to the provisions of 42 Pa. C,S.A g2503(7), Petitioner seeks payment of
his reasonable counsel fees and costs related to both this Petition and the Petition to Enforce
Settlement filed on February 19,2004,
33. Petitioner's counsel fees incurred in preparing, filing, and attending the
conference related to the Petition to Enforce Settlement Agreement filed on February 19,2004
and this Petition have been and are expected to be $1,223.75, A true and correct copy of the
expenses incurred and estimated to be incurred in the relevant matter is attached as Exhibit P-3,
WHEREFORE, your Petitioner respectfully requests that the Court to enter an Order
imposing the terms ofthe written Settlement Agreement (Exhibit P-2) upon the Respondents,
including but not limited to John Miller, Barbara Kish, the Estate of Ruth V. Miller and all other
Respondents or, in the alternative, enter an Order laying out the opening of a private road in
accordance with the terms and conditions ofthe Settlement Agreement reached by the parties,
7
Furthermore, Petitioner seeks an award of Petitioner's reasonable counsel fees against
Respondent Barbara Kish pursuant to 42 Pa, C,S.A, ~2503(7).
Respectfully submitted,
an , Cu: '
, . #23144
2320 No~econd Street
P.O, Box 60457
Harrisburg, P A 17106-0457
Telephone: (717) 238-6570
Dated: June 30, 2004
8
Exhibit P-l
JORDAN D. CUNNINGHA.\i
ROBF.RT l!.CHm....HCOfo"F
MANe w, WITZIC
t'ltNftY w, vAN Eel<
JOHN M. HYA..\.1S
CUNNINGHAM & CHERNICOFF, P,c.
ATTORNEYS AT LAW
P,O, !lOX 60457
HARRIS8I.'RG, PENNSYLVANIA 1710..0457
liERSIiI!Y'fELEI1JiONE
(111)53+2.833
ms NO. 23-2274.1J5
StteetAddres.':
1320 N. 2nd Sm.-et
!-tarrisburg. PAl7110
TELEPHONt!. ('717) 238-65711
F^;({7m2).~
June 25, 2003
William A, Duncan, Esquire
Duncan & Hartman, P,C,
One Irvine Row
Carlisle, PA 17013
VIA TELECOPlER - 249-7800
DlCTATED BUT NOT READ
Re: Rapak v, Miller Estate, et al.
No, 01.2418 Civil Term
Our File No, 405597
Dear Mr. Duncan:
The parties have settled their differences and will be entering 'into an Easement Agreement
and appropriate documentation to be recorded, I am asking that the h"aring scheduled for June 26,
2003 be continued in the event that the parties arc unable to reach agreement within a reasonable
period oftime,
Thank YOll for your attention to this mattc:r.
Very truly yours,
JOC/bam /
co: Daniel L. Rapak '..-
Douglas G, Miller. Esquire (Via - 249-6354)
Henry Coyne, Esquire (Via -737-5)61)
********"" -
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Exhibit P-2
JORDAN D, CUNNlNGHAIvl
ROBERT E, CHERNlCOFF
MARC W, WITZlG
HENRY W, VA.'j ECK
JOHN M, HYAMS
CUNNINGHAM & CHERNICOFF, P.c.
ATTORNEYS AT LAW
P,O, BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
HERSHEY TELEPHONE
(717) 534-2833
IRS NO, 23-2274135
TELEPHONE (717) 238-6570
FAX (717) 2384809
Street Address:
2320 N, 2nd Street
Harrisburg, PA 17110
August 20, 2003
Douglas G, Miller, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, P A 17013-3222
Re,' Daniel Rapak/The Estate of Ruth Miller
Our File No, 405597
Dear Doug:
Please excuse my delay in forwarding the enclosed Agreement to you,
In order to clarify one of the outstanding issues, I contacted PP &L to determine the exact
status of any clearance they needed along utility line easements for purposes of trimming vegetation
on the area of the utility lines, This is an important issue to PP&L as evidenced by the North East
black out which was apparently caused by vegetation which shorted a major utility line, PP&L is
now even more sensitive to this issue as a result of that black out. PP&L reports to me that they
need an area of fifteen feet (15') to each side of the utility line in order to properly maintain such
utility lines. This would be in the interest of not only my client, but also your clients if they were
to ever build or subdivide the Miller Estate property, As of the date of this draft, I have no idea what
side of the General Easement PP&L will choose to place utility lines. Therefore, in addition to the
thirty-five foot (35') General Easement, I have created a Maintenance Easement of an additional
fifteen feet (15') to each side of the General Easement solely to be used for the purposes of obtaining
access to clear vegetation from the area of utility lines andlor to allow access to machinery in order
to provide maintenance along the General Easement. This really should not present any difficulty
to your clients as it very well may benefit them in the future, as well as Mr. Rapak.
I also took some time, as did Mr. Rapak, in attempting to develop a formula which recoups
the cost incurred by Mr. Rapak as the result of having to pay the Miller Estate for the Utility,
Maintenance and General Easements, It is not the intent of the Agreement that the Miller Estate pay
any amounts to Mr. Rapak if the level of the heirs use remains consistent with that which is
presently being realized, However, in the event that the Miller Estate subdivides the property, or
in the alternative, one of the heirs or a third party, builds a new home (s) on the Miller Estate parcel,
it is only fair that those individuals who will be using the right-of-way for access of their property,
pay a certain portion of the costs incurred by Mr, Rapak in purchasing the right-of-way from your
clients, I have provided a paragraph for that contingency and ask for your consideration and input.
CUNNINGHAM & CHERNICOFF, P,c.
ATTORNEYS AT LAW
Douglas G. Miller, Esquire
August 20, 2003
Page 2
Part of the difficulty in drafting the Agreement was also to develop a fair and equitable
formula for the future maintenance of the General Easement. Once again, your review of this
paragraph is solicited,
Please review the enclosed Agreement. I attempted to address all the issues that may arise
in the future, I believe that all contingencies have been consid,ered,-
If you have questions regarding this matter, please do not hesitate to contact me.
JDCfbam
, Cunningham
Enclosure
cc: Daniel Rapak
EASEMENT AGREI~MENT
TIDS AGREEMENT is made this _ day of ,2003, by and
between DANIEL L. RAP AK, hereinafter referred to as "RAP AK", and THE ESTATE OF
RUTH V, MILLER and THE TRUST OF THE ESTATE OF RUTH V, MILLER
hereinafter referred to as "MILLER ESTATE",
WHEREAS, RAP AK has purchased a prope:rty which currently is not serviced by
an Easement of record;
WHEREAS, there is in place an Easement which services the property owned by
RAPAK and which Easement which crosses property exclusively owned by the MILLER
ESTATE;
WHEREAS, the property across which the current Easement described herein is
presently undeveloped;
WHEREAS, RAP AK, in the past, has rented, on a yearly basis, from the MILLER
ESTATE the use of the Easement described above;
WHEREAS, RAP AK and the MILLER ESTATE have reached an agreement
regarding the exact location of an Easement, a description and location of maintenance areas
with regard to the Easement, and the siting and exact location of a utility easement, together
with a formula for allocation of the costs of future improvements and maintenance, together
with an agreement of a formula of recoupment by RAP AK of the cost to obtain and establish
the various Easements;
WHEREAS, RAPAK and the MILLER ESTATE desire to memorialize their
agreement;
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings herein set forth and for other good and valuable consideration,
the receipt of which is hereby acknowledged by each of the parties hereto, RAP AK and the
MILLER ESTATE, each intending to be legally bound hereby, covenant and agree as
follows:
1. DESCRIPTION OF THE MILLERESTATE PROPERTY: Theproperty
referenced to in this Agreement as the "MILLER ESTATE PROPERTY" is described as set
forth in Exhibit" I ".
2. DESCRIPTION OF THE RAPAKF'ROPERTY: The property referenced
to in this Agreement as the "RAP AK PROPERTY" is described as set forth in Exhibit "2",
3, DESCRIPTION OF THE EASEMENTS: Pursuant to this Agreement, the
parties have agreed that there are three (3) separate Easements which are being granted and
conveyed to RAP AK. The Easements are as follows:
2
a. General Easement. The General Easement described in this
paragraph is intended to provide a private road as the primary means of ingress, regress and
egress to the RAP AK Property and in the future will be attached to and passes with the
MILLER ESTATE as a appurtenance thereto,
b, Maintenance Easement. The Maintenance Easement described in
this paragraph is intended to be used solely by RAP AK and utility companies to service
utility lines, perform work on the General Easement and trim vegetation from the sides of
the General Easement to the extent necessary to either perform maintenance on the General
Easement or utility lines or to remove vegetation which interferes with the General Easement
or the utilities placed in or along the General Easement and such Maintenance Easement
shall exist on each side of the General Easement, both vertically and horizontally.
c, Utility Easement. The Utility Easement described in this paragraph
is intended to be used for the establishment and placement of utilities, including but not
limited to electrical, cable, gas and any future service that may generally fit within the
description of a utility,
The General Easement and the Maintenance Easement described in this paragraph
is legally described by metes and bounds as described and set forth in Exhibit "3". The
Utility Easement also described in this Paragraph 3 is legally described by metes and bounds
as described and set forth in Exhibit "3".
3
4, CONSIDERATION FOR THE EASEMENTS: RAPAK shall pay to the
MILLER ESTATE for its agreement to enter into this Easement Agreement and the
execution of the Deeds of Easement and all other promises and considerations set forth in
this Agreement, the sum of $25,000,00.
5, GENERAL USE OF THE V AR][OUS EASEMENTS: The General
Easement described in Paragraph 3(a) is intended to be used primarily as a vehicular and
pedestrian easement, upon which it is anticipated thl:re will be operation of motorized and
non-motorized means of transportation, including but not limited to, cars, trucks,
motorcycles, motor vehicles, bikes, horses, pedestrians, and any and all other means of
transportation, The use of the Maintenance Easement described in Paragraph 3(b) is
intended to be used by RAP AK and various utility companies to obtain access to make
repairs to the General Easement or utilities located along the side of the General Easement
and/or to trim vegetation from or near utility installations, including poles, lines, wires and
to place cable for the support of utility poles which support wires and cables, if necessary,
The use of the Utility Easement described in Paragraph 3(c) is for siting and placement of
utilities including, but not limited to, poles, cables, wires, pipes, and any other future means
of delivering utility services,
6. LOCATION AND WIDTH OF THE GENERAL EASEMENT,
MAINTENANCE EASEMENT. AND UTILITY EASEMENT: The parties agree that
the width of the General Easement shall extend seventeen and one-half feet (17\!,') to each
side of the center line of the existing Easement, the l'lgal description of which is described
4
in Exhibit "3", To each side of the General Easem<:nt, there shall be an additional fifteen
foot (15') Maintenance Easement, the legal description of which is described in Exhibit "3",
The width of the Utility Easement shall be thirty feet (3'), The legal description of which
is described in Exhibit "3",
A vertical easement of seventy-five feet (7:5') shall extend from the edge of the
General, Maintenance, and Utility Easement(s),
Any party to this Agreement shall have the: right to use the entire width of the
General, Maintenance and Utility Easement(s) and the area located within the vertical
Easements granted by this Agreement for any legitimate and lawful purpose, No party shall
hinder or block the use of the General Easement, the Maintenance Easement, or areas within
the vertical Easements contained in this Agreement unless one of the parties is performing
improvement or maintenance work upon the General Easement or work in the Maintenance
Easement. Each of the parties, utility companies, and their assigns shall have the right to
trim vegetation which extends either vertically or horizontally into the General, Maintenance
or Utility Easement(s),
7. RAPAK'S USE OF THE GENERAL EASEMENT: The parties to this
Agreement agree it is their intent that RAP AK, as concerns the General Easement, shall
receive at a minimum, the same rights, privileges and obligations, except as otherwise
provided by this Agreement, as he would have enjoyed if he had obtained the General
Easement as a private road pursuant to the Private Roads Act.
5
8, MILLER ESTATE'S USE OF THE GENERAL EASEMENT: RAP AK
and the MILLER ESTATE recognize that the heirs of the MILLER ESTATE including, but
not limited to, the beneficiaries and remaindermen of a certain trust created by that Estate,
currently use the General Easement described in this Agreement for access to certain
portions of the MILLER ESTATE PROPERTY and it is not the intent of this Agreement to
prohibit or diminish such use by the heirs, beneficiaries and remaindermen ofthe MILLER
ESTATE. Moreover, the MILLER ESTATE Property, as described in Paragraph 1 of this
Agreement, is generally an undeveloped parcel of mountain land. In the event, however, the
MILLER ESTATE, the trust created by the MILLER EST ATE, or any heir, beneficiary or
remaindermen subdivides or builds any improvement on the MILLER ESTATE
PROPERTY, access to which uses in any fashion th,~ Easements described in Paragraph 3
for the benefit and/or to service subdivided property or an improvement then, the MILLER
ESTATE becomes an Easement User as that term is defined by this Agreement and is
obligated to reimburse RAP AK in accordance with Paragraphs 10 and 11 of this Agreement.
9. EASEMENT USER: An Easement User is defined as any person or entity
who owns land that is adjacent to, benefitted by or s(:rviced by the Easements described in
Paragraph 3 including, but not limited to: (1) property subdivided from the MILLER
ESTATE PROPERTY; (2) an improvement built on the MILLER ESTATE PROPERTY;
(3) any property adjacent to the MILLER ESTATE PROPERTY; (4) any parcel of property
subdivided from the RAPAK Property; or (5) any improvement and/or to any parcel of
property serviced by the Easement(s) but, is not otherwise adjacentto the MILLER ESTATE
PROPERTY or RAP AK Property, but, nevertheless utilizes the Easement(s). For purposes
6
of this Agreement, a corporation whose stock is owned by RAP AK is not an Easement User,
10, RAPAK'S RIGHT TO RECOUP THE COSTS OF THE
ESTABLISHMENT OF THE GENERAL, MAINTENANCE AND UTILITY
EASEMENTS: Any future Easement User, as defined by this Agreement, shall reimburse
RAP AK for his initial cost incurred to obtain the General, Maintenance and Utility
Easements provided by this Agreement. Cost for purposes of this Agreement is defined as
not only the $25,000.00 paid by RAP AK to the MILLER ESTATE as set forth in Paragraph
4 of this Agreement but, also all costs paid by RAP AK for surveying, engineering and
attorneys' fees incurred in the obtaining of the eaSllments described herein, which costs
equaled $
, for a total of$
. The amount required to be reimbursed
by a future Easement User to RAPAK shall be fixed in accordance with the following
formula:
The recoupment of RAPAK'S costs to obtain and create the
Easements of this Agreement shall be allocated among each of the future
Easement Users, based upon the length of the Easement User's beneficial use
of the General Easement. The term beneficial use for purposes of this
subparagraph is defined as the actual number offeet of the General Easement
utilized by an Easement User measured from the edge of Belle Vista Drive
to the point where the beneficial user disl:ontinues use of the General
Easement as a means of ingress, regress or egress which is hereinafter
defined as the point of termination. For purposes of this Agreement, the total
length of all of the Easement Users' beneficial use (if more than one) shall
be added together and used as a denominator, the length of the beneficial use
of the individual Easement User being the numerator; then the fraction shall
equal the percentage of the Easement User's allocation of reimbursement of
the cost to RAP AK.
Notwithstanding the above, the fixed dollar amount for the costs of $
incurred in securing the establishment of the General, Maintenance and Utility Easements,
7
this sum shall be multiplied by the sum of one plus the cost of living adjustment as
hereinafter defined. The "cost of living adjustment" is the percentage (if any) by which:
the average of the Consumer Price Index for All Urban Consumers using the
1982 - 84 = 100 base for analysis for the twelve-month period ending on the
last day of the month in which any future Easement User begins using the
Easement(s)
exceeds
the average of the Consumer Price Index for All Urban Consumers of the
twelve-month period ending on June 30, 2003.
For purposes of this paragraph, RAPAK is, by definition, a non-Easement User.
By way of illustration, if, at the time a potential Easement User desires to use 1000'
of the General Easement for means of ingress, regress and egress and there are two (2)
existing Easement Users, whose beneficial use wa.s 500' and 800', then the individual
Easement User's allocation of the recoupment of RAPAK'S costs (assuming a cost of
$30,000.00) would be as follows:
1000/2300 x 30,000.00 = $ 13,043.48
11. ALLOCATION OF COST OF IMPROVEMENTS AND
MAINTENANCE AMONG EASEMENT USEID!, The cost of any improvements and
maintenance directly incurred to the General Easement, excluding improvements such as
sewer and water lines, shall initially be borne solely by RAP AK. The cost of any future
improvements and maintenance excluding gas, sewer and water lines of the General
8
Easement shall be allocated among the Easement Use:rs and such allocation shall be directly
related to the length of the beneficial use of the General Easement which each Easement
User utilizes, As of June 30, 2003, RAP AK is the only individual who, on a regular basis
uses the General Easement and the Utility Easement described herein as a means of ingress,
regress and egress to the RAP AK property. The costs of maintenance and improvements
includes, but is not limited to snow and ice removal, trimming vegetation, grading and
shaling the cartway, maintaining a system of diverting storm water along the General
Easement and maintenance of gates, if any,
Ifin the future, there becomes additional Ease:ment Users, as that terms is defined in
Paragraph 9, they shall, in addition to RAP AK, bear the costs of any future improvements
and maintenance to the General Easement. The costs of future improvements and
maintenance shall be allocated between RAPAK and the Easement User(s) in accordance
with the following formula:
The cost of improvements and maintenance of the General Easement
shall be allocated among Easement Users base:d upon the total length of each
Easement User's beneficial use of the Gl:neral Easement. The term
beneficial use is defined for purposes of this Agreement as the number of feet
of the General Easement used by an Easement User to obtain access to their
property measured from the beginning ofthe Easement at the edge of Belle
Vista Drive to the point of where the Easement User discontinues the use of
the General Easement as a means of ingress, regress and egress or provision
of utility services which point for purposes of this Agreement is defined as
the point of termination. The total length of all of the Easement Users'
beneficial use shall be added together and used as a denominator, the length
of the beneficial use of each individual Easement User being the numerator;
then the fraction shall equal the percentage of the Easement Users'
percentage and allocation of the cost of all future improvements and
maintenance, RAP AK, for purposes of this sub-paragraph, is defined as an
Easement User,
9
By way of illustration, if in the future there are four (4) Easement Users, (i.e"
RAP AK and three (3) others), whose beneficial use of the Easement are 3540'; 2000'; 1500';
and 1200' respectively, and the cost of an improvement and/or maintenance equals
$5,000,00, then each of the above Easement Users would be responsible in the following
percentages calculated in the following manner for the cost of said improvement and/or
maintenance:
a. 3540/8240 x 5,000,00 = $ 2,150.00
b, 2000/8240 x 5,000,00 = $ 1,200.00
c. 1500/8240 x 5,000.00 = $ 900.00
d. 1200/8240 x 5,000.00 = $ 750.00
TOTAL $ 5,000,00
12. RELOCATION OF GENERAL EASEMENT AND UTILITIES: The
MILLER ESTATE, its heirs, assigns, trustees, beneficiaries, and remaindermen hereby agree
that if in the future the MILLER ESTATE PROPERTY is subdivided, which subdivision
plan relocates the General Easement and Utility Easl~ment set forth in Paragraph 3 of this
Agreement then, in that event, the MILLER ESTATE, and the trustees, heirs, beneficiaries
and remaindermen agree that said subdivision plan will provide to RAP AK an Easement
which, at a minimum, shall provide a General Easem(:nt of the same width, grade, radius of
curvature, road surface, and in the case of the relocation of the Utility Easement, an
alternative Utility Easement which will provide utilities to the RAP AK property and said
10
Utility Easement will be of a same or similar nature. The cost of relocation of the General
Easement and/or Utility Easement shall include not only the costs of the creation and
establishing the Easement and providing a cartway of a same and similar nature as to that
which exists at the time of the relocation but, also the costs of relocating any utility lines,
poles, wires, pipes and other means of delivering utilities to the RAP AK property including
the construction of an access road from the boundary of the MILLER ESTATE property to
the area of the RAP AK Property now generally serviced by the General Easement described
in Paragraph 3 of this Agreement once it leaves the MILLER ESTATE PROPERTY. All
costs associated within this paragraph shall be borne by the MILLER ESTATE.
13. MODIFICATION OF AGREEMENT: Neither this Agreement nor any
provision thereof shall be amended or modified or de(lmed amended or modified, except by
an Agreement in writing duly subscribed and acknowlledged with the same formality as this
Agreement.
14, SITUS: This Agreement shall be construed and governed in accordance with
the laws of the Commonwealth of Pennsylvania.
15, ARBITRATION: It is hereby expressly understood and agreed, if any point
in this contract is unclear or ambiguous, or in case of any dispute arising between the parties
hereunder, including, but not limited to, the need for maintenance and improvements, said
point or dispute shall, at the written request of either party, be referred to arbitration for
determination or settlement under the Uniform Arbitration Act, including amendments that
11
may hereinafter be made thereto which at any particular time are in force and effect. The
arbitration board shall consist of three (3) experienced persons in the matter to be arbitrated.
One (1) member of the arbitration board is to be chos,en byRAPAK, one (I) is to be chosen
by MILLER ESTATE, and all other Easement Users, the two (2) thus named shall appoint
a third member, who shall serve as chairman. If the two (2) thus named cannot agree upon
a third within ten (10) days, they shall be dismissed, and two (2) other persons shall be
appointed as outlined above, this procedure shall continue until the full board results;
provided, however, that nothing in this section shall act to halt any negotiations or relieve
RAP AK or MILLER ESTATE and all other Easement Users of the responsibility of seeking
an equitable settlement.
If one party demands arbitration and appoints an arbitrator, the other party(s)
shall nominate their arbitrator within ten (10) days. In the event the non-requesting party
fails to nominate an arbitrator within ten (10) days, th,e appointed arbitrator shall choose an
additional arbitrator and then that arbitrator will appoint a third arbitrator who will serve as
chairman.
It shall be the responsibility of the arbitration board to demand a clear and
concise definition of the matter or matters at issue, and to decide and demand whatever
information, testimony or other aid as necessary to its deliberations. It shall be the
responsibility of RAP AK and MILLER ESTATE and all other Easement Users to meet such
demands promptly and without reservation, An award may be made by the board of
arbitration when two (2) of the three (3) arbitrators aglee upon a result. It is not the intent
12
of the parties that the board of arbitration reach a unanimous agreement. Any award
pursuant to arbitration as herein provided shall be aCI:ompanied by a written opinion of the
arbitrators giving reasons for the award. In a case of determination as to a point that has not
been covered or adequately covered herein, or that is unclear or ambiguous, the arbitrators
in making their determination shall include a conside:ration ofthe general objective sought
to be obtained under this contract and what would appear to be reasonable under the
circumstances,
The arbitrators shall be entitled to re:asonable compensation and to incur
reasonable expenses. RAP AK shall pay the reasonable compensation and reasonable
expenses of the Arbitrator he appoints, MILLER ESTATE shall pay the reasonable
compensation and reasonable expenses of the Arbitrator it appoints. The reasonable
compensation and reasonable expenses of the third Arbitrator shall be equally borne by
RAPAK and MILLER ESTATE, In the event one party fails to appoint an arbitrator, the
cost of the arbitrator shall be awarded to the party who had to seek the appointment,
regardless of the result of arbitration.
In the event RAP AK or MILLER ESTATE subdivide their respective
properties, then for purposes of this paragraph, those individuals who purchase such sub-
divided properties shall be categorized and identified as member of the "Rapak Group" or
the "Miller Estate Group" and each respective group shall, by majority vote of the members
of the group, appoint an Arbitrator. The arbitrator shall be entitled to reasonable
13
compensation and to incur reasonable expenses. The reasonable compensation and
reasonable expenses of the Arbitrator shall be shared equally by the members of the group.
If a group has an equal number of members and those members cannot reach
a majority vote as concerns the appointment of an Arbitrator, then, in that event, the
Arbitrator shall be chosen by a draw. By way of illustration, if there were six (6) members
in a group, and three (3) separate and different Arbitrators were nominated by the members
of the group and each received two (2) votes, then the names of the Arbitrators would be
written down, placed in a box and the first Arbitrator's name drawn from the box will be the
Arbitrator appointed by the group with the reasonable costs and reasonable expenses shared
equally by the members of the group,
16, RECORDATION OF EASEMENT AND EASEMENT AGREEMENT:
It is the intent of the parties that a Deed ofEasement(s) and this Easement Agreement shall
be prepared and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, and that the obligations of this Easement Agreement shall encumber
any deed given by the MILLER ESTATE for any parcel of property which is divided or sub-
divided from the larger described in Exhibit" I ".
17. SEPARATE AND INDEPENDENT COVENANTS: It is specifically
understood and agreed by and between the parties he:reto that each paragraph hereof shall
be deemed to be a separate and independent covenant Slnd agreement. If any term, condition,
clause or provision of this Agreement shall be determined or declared to be void or invalid
14
in law or otherwise, then only that term, condition, clause or provision shall be stricken from
this Agreement and in all other respects this Agreement shall be valid and continue in full
force, effect and operation.
18. ENTIRE AGREEMENT: This Agreement contains the full and entire
Agreement between the parties hereto and there are no other agreements, oral or written.
This Agreement shall be interpreted fairly between lhe parties, not in favor of nor against
any of the parties or the author thereof and shall be construed under the laws of the
Commonwealth of Pennsylvania. In interpreting this Agreement, the singular shall include
the plural, and the plural shall include the singular, masculine shall include feminine, and
feminine shall include masculine.
19. BINDING EFFECT: Each of the parties hereto intends to be legally bound
hereby, and this Agreement shall be binding upon their successors, agents, employees, heirs,
personal representatives and assigns of the respective parties hereto.
20, DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only, They shall have no effect whatsoever in determining the rights or
obligations of the parties,
15
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties
hereto have set their hands and seals the day and year first above written.
WITNESS:
DANIEL L, RAP AK
THE ESTATE OF RUTH V, MILLER
By:
bl\docs\agreemenlrapak
16
Exhibit P-3
CUNNINGHAM & CHERNICOFF, P.c.
2320 N. 2nd Street, P.O. Box 60457
Harrisburg, P A 17106-0457
Ph:(717) 238-6570
Fax:(717) 238-4809
Penn Comm, Inc.
35 High Ridge Road
Randolph, NJ 07869
Jun 30, 2004
Attention:
Daniel Rapak
File #:
Inv #:
405597
29850
Re: Real Estate Matter
DATE DESCRIPTION HOURS AMOUNT LAWYER
F eb-09-04 Correspondence to Mr. Miller regarding the 0.20 35.00 IDC
status of the litigation and the necessity of
filing a petition to have the matter settled;
F eb-I 0-04 Telephone conference with Mr. Miller's office 0.20 35.00 IDC
regarding status of the case;
Telephone conference with Mr. Rapak 0.10 17.50 IDC
answenng service;
Feb-II-04 Telephone conference with Mr. Miller 0.25 43.75 IDC
regarding the status of the case;
Telephone conference with Mr. Rapak 0.10 17.50 IDC
regarding the status of the case;
Feb-12-04 Telephone conference with Court 0.25 43.75 IDC
Administrator's office regarding status of the
case;
Telephone conference with Mr. Rapak 0.10 17.50 IDC
regarding information received from the Court
Administrator's office;
Feb-13-04 Draft Petition for Conference; 0.35 61.25 IDC
Drafting a Petition for Settlement Conference 0.45 78.75 IDC
and proposed Order;
Feb-18-04 Correspondence to the Prothonotary of 0.20 35.00 IDC
Cumberland County forwarding a request for
the filing of Plaintiff's Petition for settlement
conference;
F eb-19-04 Filing of Plaintiff's Petition for Settlement 0.80 60.00 KMC
Conference with the Cumberland County
Prothonotary;
Feb-23-04 Correspondence to Mr. Rapak regarding Judge 0.10 17.50 IDC
Bailey's Order setting a settlement conference
date for March 4th;
. Invoice #:
Page 2
29850
Feb-26-04 Correspondence to Ms. Wineka regarding
documents attached to the Complaint;
Mar-04-04 Preparation for and attendance at conference
with Judge Bailey;
Telephone conference with Mr. Rapak
regarding the status of the case;
Jun-28-04 Telephone conference with Attorney Winshaw
regarding status of the Estate;
Jun-29-04 Telephone conference with Mr. Miller's office;
Jun-30-04 Draft Second Petition to Enforce Settlement
Agreement;
July-4-04 Preparation and attendance at
Conference with Judge Bailey
(Estimated);
Totals
Total Fees, Disbursements
Previous Balance
Previous Payments
Balance Due Now
We Accept Visa & Mastercard
FEE SUMMARY:
Lawyer
Hours
Jordan D. Cunningham
6.55
Kim Connaghan-Para!...
0.80
,
June 30, 2004
0.15 26.25 IDC
1.50 262.50 IDC
0.20 35.00 IDC
0.20 35.00 IDC
0.10 17.50 IDC
0.70 122.50 IDC
1.5 262.50 JDC
$1,223.75
$1,223.75
$2,150.00
$2,150.00
$1,223.75
Effe,ctive Rate
$175.00
$75..00
Amount
$1,163.75
$60.00
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy of the foregoing by placing the
same in the U.S. mail, postage prepaid, on June 30, 2004, addressed to:
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomftet Street
Carlisle, PA 17013
(Attorneys for Barbara Kish and
Robert Miller)
Henry Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Streelt
Camp Hill, PA 17011-4227
(East Pennsboro Township Solicitor)
Jill Wineka, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
IN RE: LAYING OUT AND
OPENING A PRIVATE ROAD IN
EAST PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. REPAK,
Petitioner,
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
and CO-EXECUTORS OF THE
ESTATE, and DIRKS ON R. MILLER
and VICTORIA E. NEIDIG, DAVID K.
MILLER, RUTH V. NYQUIST, LIFE
ESTATE BENEFICIARIES OF THE
TRUST OF RUTH V. MILLER and
DORE KAY FELIZ, BARBARA KIST,
LYNN MASON, ROBERT MILLER and:
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V. MILLER,:
Respondents.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2418 CIVIL TERM
CIVIL ACTION - LAW
ANSWER OF RESPONDENTS BARBARA M. KIST and
ROBERT MILLER TO THE SPECIAL PETITION TO ENFORCE
SETTLEMENT AGREEMENT
AND NOW this ~ day of August, 2004, come the Respondents BARBARA M.
KIST and ROBERT MILLER, by and through their attomeys, Irwin & McKnight, and
respectfully file this Answer to the Petitioner's, DANIEL L. RAPAK, Special Petition to Enforce
Settlement Agreement, and in support thereof aver as follows:
1. The averments of fact contained in paragraph one (1) are admitted.
2. The averments of fact contained in paragraph two (2) are admitted.
3. The averments of fact contained in paragraph three (3) are admitted in part and
denied in part. It is admitted that Barbara Kist, not Kish, and Robert Miller filed an Answer to
the rule to Show Cause. The name of Mrs. Kist is misspelled throughout the Petition.
4. The averments of fact contained in paragraph four (4) are admitted.
5. The averments of fact contained in paragraph five (5) are admitted.
6. The averments of fact contained in paragraph six (6) are admitted.
7. The averments of fact contained in paragraph seven (7) are admitted.
8. The averments of fact contained in paragraph eight (8) are admitted.
9. The averments of fact contained in paragraph nine (9) are admitted.
10. The averments of fact contained in paragraph ten (10) are admitted.
11. The averments contained in paragraph eleven (11) are denied as stated. It is
admitted that that counsel for Petitioner and answering Respondents agreed to general terms as to
the outstanding issues, with the details to be worked out in writing between the parties. The
remaining averments in paragraph eleven (11) are specifically denied and strict proof thereof
demanded at trial.
12. The averments contained in paragraph twelve (12) and its subparts are admitted in
part and denied in part. It is admitted that the parties agreed to a private right -of-way along the
terms provided in subpart (a), that along the edge of the right-of-way would be a maintenance
easement, that Petitioner would also be permitted to have utility access to his property, and that
Petitioner would pay the Estate of Ruth B. Miller the sum of $25,000.00. The remaining
averments in paragraph twelve (12) and its subparts are specifically denied and strict proof
thereof demanded at trial.
2
13. The averments of fact contained in paragraph thirteen (13) are admitted.
14. The averments of fact contained in paragraph fourteen (14) are admitted. By way
of further answer, the parties have negotiated additional terms and conditions which are not
included on the attached exhibit.
15. The averments of fact contained in paragraph fifteen (15) are admitted.
16. The averments of fact contained in paragraph sixteen (16) are admitted.
17. The averments contained in paragraph seventeen (17) are specifically denied and
strict proof thereof is demanded at trial. To the contrary and by way of further answer, legal
counsel for the parties have had several communications regarding revisions to the proposed
agreement since October 2003. In fact, several redrafts of the agreement have been made as
supported by Petitioner's legal counsel having to file a Praecipe to Substitute Exhibit to the
instant Petition.
18. The averments of fact contained in paragraph eighteen (18) are admitted.
19. The averments contained in paragraph nineteen (19) are denied as stated. It is
admitted that legal counsel for the parties had a conference with the Honorable Edgar B. Bayley
during which time legal counsel agreed that the parties were in agreement as to the primary
terms, but had not yet finalized the specifics of the comprehensive agreement drafted by
Petitioner's counsel. The remaining averments in paragraph nineteen (19) are specifically denied
and strict proof thereof demanded at trial.
20. The averments of fact contained in paragraph twenty (20) are admitted.
21. The averments contained in paragraph twenty-.one (21) are denied as stated. It is
admitted that conversations were held by legal counsel regarding Lynn Mason and Robert Miller
3
being named as new co-executors. The remaining averments in paragraph twenty-one (21) are
specifically denied and strict proof thereof demanded at trial.
22. After reasonable investigation, the Respondents are without know ledge or
information sufficient to form a belief as to the truth of the averments in paragraph twenty-two
(22) so they are therefore specifically denied and strict proof thereof is demanded. By way of
further answer, legal counsel for Respondents has in fact provided the renunciation of
Respondent Barbara Kist to Attorney Wineka.
23. The averments contained in paragraph twenty-three (23) are denied as stated.
Legal counsel for Respondents had been in contact with both the office of Attorney Cunningham
and the representatives for PP&L regarding an onsite meeting. It is admitted that Petitioner's
legal counsel ultimately set the appointment date and time for said meeting.
24. The averments contained in paragraph twenty-four (24) are admitted.
25. The averments contained in paragraph twenty-five (25) are admitted.
26. The averments contained in paragraph twenty-six (26) are admitted in part and
denied in part. It is admitted that legal counsel had a telephone conversation confirming that the
parties were still in substantial agreement, but that changes would still be needed to the
agreement. The remaining averments in paragraph twenty-six (26) are specifically denied and
strict proof thereof demanded at trial.
27. The averments in paragraph twenty-seven (27) are specifically denied and strict
proof thereof demanded at trial. By way of further answer, kgal counsel for Respondent avers
that he never received such a voice message.
4
28. The averments contained in paragraph twenty-eight (28) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded.
29. The averments contained in paragraph twenty-nine (29) are denied as stated. A
final draft of the agreement following the last telephone conversation between legal counsel had
not been prepared. Respondent's legal counsel did not receive a voice message from Petitioner's
legal counsel on or about June 29, 2004, and therefore did not believe additional contact was
necessary.
30. After reasonable investigation, the Respondents are without knowledge or
information sufficient to form a belief as to the truth of the averments in paragraph thirty (30) so
they are therefore specifically denied and strict proof thereof is demanded.
31. The averments contained in paragraph thirty-one (31) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded.
32. The averments contained in paragraph thirty-two (32) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded.
33. After reasonable investigation, the Respondents are without knowledge or
information sufficient to form a belief as to the truth of the averments in paragraph thirty-three
(33) so they are therefore specifically denied and strict proof thereof is demanded.
WHEREFORE, Respondents BARBARA M. KIST and ROBERT MILLER respectfully
request this Honorable Court to deny Petitioner's Petition and refuse to enter any Order imposing
5
terms of the written agreement that is only in draft form and refuse to enter any Order awarding
counsel fees to Petitioner.
Respectfully Submitted,
IRWIN & McKNIGHT
!f
Dated: August _' 2004
, ...-
By: ~. hJb
Roger B I'win, squire
Supreme Court ill # 06282
Douglas G. Miller, Esquire
Supreme Court ill # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Respondents,
Barbara M. Kist and Robert Miller
6
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Jordan D. Cunningham, Esquire
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(Attorney for Petitioner)
Henry Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
(East Pennsboro Township Solicitor)
Jill Wineka, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Date: AUgust~, 2004
IRWIN & McKNIGHT
I/a
Douglas . Miller, Esquire
Supreme Court lD. No. 83776
West Pomfret Professional Building
60 West pomfre:t Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Respondents
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
PETITIONER
V.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V. MILLER,
RESPONDENTS : 01-2418 CIVIL TERM
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ORDER OF COURT
AND NOW, this ~ day of August, 2004, IT IS ORDERED that a
pretrial conference with counsel shall be conducted in chambers at 9:45 a.m., Friday,
August 20, 2004.1
/"
"
/
/
By vie' Court,
{ \
A
I No written pre-trial conference memorandum is required for this conference.
r:\LED~.'O\~+<CE
OF 1HE PF/J1HONC.fiN2S
2UU~ ~,UG 10 fl.11 8: 33
.f'i)Ui'-lW
FtJ\!NSYLV,\j\l\I\
vdOrdan D. Cunningham, Esquire
For Daniel L. Rapak
v-eouglas G. Miller, Esquire
For Barbara M. Kist and Robert Miller
v:JiII Wineka, Esquire
For Lynn Mason
vflenry Coyne, Esquire
For East Pennsboro Township
:sal
INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYL V ANlA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYL VANIA
DANIEL L. RAPAK,
Petitioner
: NO. 01-2418 CIVIL TERM
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKS ON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KlSH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
: CIVIL ACTION - LAW
Respondents
REPLY TO NEW MATTER
CONTAINED IN ANSWER OF RESPONDENTS
BARBARA M. KIST AND ROBERT MILLER TO THE
SPECIAL PETITION TO ENFORCE SETTLEMENT AGREEMENT
AND NOW, this 17th day of August 2004, comes your Petitioner, Daniel L. Rapak, by
and through his counsel, Cunningham & Chernicoff, P.C., who files this reply to New Matter
contained in the Answer to Special Petition to Enforce Settlement Agreement and in support
thereof avers the following:
1. In paragraph 27 of the Special Petition, Petitioner alleged that Petitioner's counsel
had on June 29, 2004, left Respondent's counsel a voice message reminding him that he had not
forwarded any proposed modifications to an Agreement which had been forwarded to him in
early January 2004 and that ifhe did not forward any proposed modifications, that Petitioner's
counsel would assume the Settlement Agreement as drafted was acceptable and that a Petition
seeking imposition ofthe Settlement Agreement by the Court and monetary sanctions against
Respondent Barbara Kist would be sought. Respondent's counsel has denied receiving a voice
message from Petitioner's counsel on or about June 29, 2004. Petitioner attaches a Nextel
billing statement reflecting that on June 29, 2004, a telephone call was placed by Petitioner's
counsel to Respondent's counsel's office at 249-2353 at 11:54 a.m. and reflects four minutes of a
conversation. Therefore, based upon a four minute telephone conversation with an allegedly
nonexistent "voice message" is denied. A copy of the Nextel account record is attached hereto,
made a part hereof, and is marked Exhibit "P_I."
2. In paragraph 29, Petitioner's counsel alleged as of the date of the filing of the
Special Petition to Enforce Settlement Agreement, that he had yet to receive a response from
Respondent's counsel, Doug Miller regarding a position with regard to the Settlement
Agreement forwarded to him in January. In response to this allegation, Respondent's counsel,
Douglas Miller, denied that a final draft of the Easement Agreement had been prepared or that a
voice message had been received on or about June 29, 2004. Attached as Exhibit "P-2" is a copy
of correspondence dated January 5, 2004, forwarded to Respondf:nt's counsel enclosing a copy
of a redrafted Easement Agreement which incorporated comments received on November 2 I,
2003, from Respondent's counsel.
2
On January 29,2004, Petitioner's counsel attempted to call Respondent's counsel,
Douglas Miller, and was advised he was unavailable. On January 30, 2004, Petitioner's counsel
forwarded correspondence to Respondent's counsel, Douglas Miller, asking for input with regard
to the Easement Agreement forwarded to him on January 5, 2004, or file a response to the Rule
to Show Cause why the matter should not be resolved. On March 4, 2004, Respondent's counsel
assured the court that the matters involved in this case would be resolved but only with the
exception that Respondents Barbara Kist and Robert Miller desired to visually observe the
manner in which PP&L would place poles along not only a utility easement, but also with regard
to the area along the right-of-way. It was Petitioner's counsel who ultimately had to arrange the
meetings with PP&L as Respondent's counsel had failed to ammge such a meeting in a prompt
and expeditious manner. The allegations that Petitioner's counsel failed to forward a
comprehensive agreement or failed to contact Petitioner's counsel regarding the filing of this
Special Petition are denied.
Respectfully submitted,
7HERNICOFF, P.C.
4
~- -----
Jo n D. Cunningham, Esquire
. .23144
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Dated: 1fr 1/ ~
3
Exhibit P-1
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Exhibit P-2
JORDAN D. CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W. WITZIG
HENRY W. VAN ECK
JOHN M. HYA.\lS
KELLY M. KNIGHT
CUNNINGHAM & CHERNICOFF, P.c.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
HERSHEY TELEPHONE
(717) 534-2833
IRS NO. 23-2274135
TELEPHONE (717) 238-6570
FAX (717) 238-4809
Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
January 5, 2004
Douglas G. Miller, Esquire
Irwin & McKnight
60 W. Pomfret Street
Carlisle, PA 17013-3222
Re: Rapak v. Estate of Ruth Miller, et al.
Our File No. 405597
Dear Doug:
Enclosed is a revised Easement Agreement for your review. Please let me know your
thoughts as soon as possible.
Very truly yours,
CUNNINGHAM & CHERNICOFF, P.c.
((;(Q)[?)W
Jordan D. Cunningham
IDC/caz
Enclosure
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy of the foregoing by placing the
same in the U.S. mail, postage prepaid, on August 17,2004, addressed to:
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, P A 17013
(Attorneys for Barbara Kish and
Robert Miller)
Henry Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Stre'et
Camp Hill, PA 17011-4227
(East Pennsboro Township Solicitor)
Jill Wineka, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
ell
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 01-2418 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
Mark the above matter as Settled, pursuant to a written Easement Agreement
docketed to this matter, and Discontinued.
Dated: January $, 2006
By:
,.~-'
s~
~~ERNICOFF, P.c.
'/
"
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy of the foregoing by placing the same
in the U.S. mail, postage prepaid, on January(l ,2006, addressed to:
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, PA 17013
(Attorneys for Barbara Kish and
Robert Miller)
Henry Coyne, Esquire
Coyne & Coyne, P.c.
3901 Market Street
Camp Hill, PA 17011-4227
(East Pennsboro Township Solicitor)
Jill Wineka, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, P A 17102
, (
illi 'I'
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Angela L. H"witt, Legal
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
Petitioner
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKS ON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 01-2418 CIVIL TERM
: CIVIL ACTION - LAW
PRAECIPE
Docket the attached Easement Agreement to the above captioned matter..
Dated: January 1---, 2006
By:
F,IHOMEIAHEWIT1\DOCS\Q-SIRAP AKIPRAECEND. WPD
. Cunningham, Esquire
AI. . No. 23144
2320 North Second Street
Harrisburg, P A 17110
(717) 238-6570
Attorneys for Defendant
,
~
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy of the foregoing by placing the same
in the U.S. mail, postage prepaid, on January~, 2006, addressed to:
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, PA 17013
(Attorneys for Barbara Kish and
Robert Miller)
Henry Coyne, Esquire
Coyne & Coyne, P.C.
390 I Market Street
Camp Hill, PA 17011-4227
(East Pennsboro Township Solicitor)
Jill Wineka, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
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Ange a L. Hewiii:"Legal Assistan~
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EASEMENT AGREEMENT
THIS AGREEMENT is made this 3D ~ay of ~~Tv.r6'e>(2005, by and
between DANIEL L. RAP AK, hereinafter referred to as "RAP AK," VICTORIA NEIDIG and
THE EST A TE OF RUTH V. MILLER hereinafter collectively referred to as "MILLER
ESTATE."
WHEREAS, RAP AK has purchased a property which currently is not serviced by an
Easement of record;
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WHEREAS, there is in place an EasementAwhich services the property owned by
RAP AK and which Easement which crosses property exclusively owned by the MILLER
ESTATE;
WHEREAS, the property across which the current Easement described herein is
presently undeveloped;
WHEREAS, RAP AK, in the past, has rented, on a yearly basis, from the MILLER
ESTATE the use of the Easement described above;
WHEREAS, RAP AK and the MILLER ESTATE have reached an agreement regarding
the exact location of an Easement, a description and location of maintenance areas with regard to
the Easement, together with a formula for allocation of the costs of future improvements and
maintenance;
WHEREAS, RAP AK and the MILLER ESTATE desire to memorialize their agreement;
. .
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings herein set forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the parties hereto, RAP AK and the MILLER
EST ATE, each intending to be legally bound hereby, covenant and agree as follows:
I. DESCRIPTION OF THE MILLER ESTATE PROPERTY: The property
referenced to in this Agreement as the "MILLER ESTATE PROPERTY" is described as set forth
in Exhibit "1."
2. DESCRIPTION OF THE RAP AK PROPERTY: The property referenced to in
this Agreement as the "RAPAK PROPERTY" is described as set forth in Exhibit "2."
3. DESCRIPTION OF THE EASEMENTS: Pursuant to this Agreement, the
parties have agreed that there are three (3) separate Easements which are being granted and
conveyed to RAP AK. These Easements do not extend for the use or benefit of any properties
beyond those of the MILLER EST ATE Property and the RAP AK Property without the prior
written permission of both the MILLER ESTATE and RAPAK. The Easements are as follows:
a. General Easement. The General Easement described in this paragraph is
intended to provide a private road as the primary means of ingress:, regress and egress to the
RAPAK Property. This General Easement in the future will be attached to and passes with the
MILLER ESTATE Property as an appurtenance thereto.
b. Maintenance Easement. The Maintenance: Easement described in this
paragraph is intended to be used by RAP AK and the MILLER ESTATE to perform work on the
General Easement and trim vegetation from the sides of the General Easement to the extent
2
necessary to either perform maintenance on the General Easement or utility lines or to remove
vegetation which interferes with the General Easement or the utilities placed in or along the
General Easement and such Maintenance Easement shall exist on each side of the General
Easement, both vertically and horizontally. This Maintenance Easement in the future will be
attached to and passes with the MILLER ESTATE and RAP AK Property as an appurtenance
thereto.
c. Utility Easement. The Utility Easement described in this paragraph is
intended to be used for the establishment and placement of utilitil:s, including but not limited to
electrical, cable, gas, water, sewer and any future service that may generally fit within the
description of a utility. The dimensions and location of the Utility Easement(s) will be
established by a right-of-way agreement(s) to be executed by the utility provider and the
MILLER ESTATE with regard to the Utility Easement. If RAP AK requests any utility service
other than the utility easement described in this subparagraph c which substantially impacts upon
the MILLER ESTATE, a price for the use of the property affected by the right of way will be
negotiated by the MILLER ESTATE. The MILLER ESTATE shall initially execute a right-of-
way agreement with PP&L Electrical Utilities Corporation, hereinafter "PP&L," for the
installation of electric transmission and use of the poles installed by PP&L by other utility service
providers (i.e., phone and cable television) to provide utility servj,ces to the RAPAK property.
Such agreement shall be on such terms as are mutually agreeable Ito the MILLER ESTATE and
PP&L, however, in no event shall the MILLER ESTATE require :any compensation to be paid by
PP&L for the provision of such agreement. This Utility Maintenance Easement in the future will
be attached to and passes with the MILLER ESTATE Property as an appurtenance thereto.
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The General Easement and Maintenance Easement described in subparagraph 3(a) and
3(b) are legally described by metes and bounds as described and set forth in Exhibit "3." The
Utility Easement described in subparagraph 3( c) shall be described by a separate right-of-way
agreement executed by the MILLER ESTATE and utility provid,:r(s).
4. CONSIDERATION FOR THE EASEMENTS: RAPAK shall pay to the
MILLER ESTATE for its agreement to enter into this Easement Agreement and the execution of
the Deeds of Easement and all other promises and considerations set forth in this Agreement, the
sum of$25,000.OO.
5. GENERAL USE OF THE VARIOUS EASEMl~NTS: The General Easement
described in Paragraph 3(a) is intended to be used primarily as a vehicular and pedestrian
easement, upon which it is anticipated there will be operation of motorized and non-motorized
means of transportation, including but not limited to, cars, trucks, motorcycles, motor vehicles,
bikes, horses, pedestrians, and any and all other means of transportation but shall not include the
landing of aircraft thereon.
The use of the Maintenance Easement described in Paragraph 3(b) is intended to be used
by RAP AK and various utility companies to obtain access to make repairs to the General
Easement or utilities located along the side of the General Easem,mt and/or to trim vegetation
from or near utility installations, including poles, lines, wires and to place cable for the support of
utility poles which support wires and cables, if necessary.
The use ofthe Utility Easement described in Paragraph 3(c) is for siting and placement of
utilities including, but not limited to, poles, cables, wires, pipes, and any other future means of
delivering utility services.
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6. LOCATION AND WIDTH OF THE GENERAL EASEMENT.
MAINTENANCE EASEMENT. AND UTILITY EASEMENT: The parties agree that the
width of the General Easement shall extend seventeen and one-half feet (17\'2') to each side of the
center line of the existing Easement, together with each side of the General Easement, there shall
be an additional five foot (5') Maintenance Easement, the legal description of all of which is
described in Exhibit "3." The width of the Utility Easement shall be as set forth in the right-of-
way agreements executed by the MILLER ESTATE and the utility provider.
A vertical easement of seventy-five feet (75') shall extend from the edge of the General,
Maintenance, and Utility Easement(s).
Any party to this Agreement shall have the right to use th<l entire width of the General,
Maintenance and Utility Easement(s) and the area located within the vertical Easements granted
by this Agreement for any legitimate and lawful purpose. No party shall hinder or block the use
of the General Easement, the Maintenance Easement, or areas within the vertical Easements
contained in this Agreement unless one of the parties is performing improvement or maintenance
work upon the General Easement or work in the Maintenance Easement. Each of the parties,
utility companies, and their assigns shall have the right to trim vegetation which extends either
vertically or horizontally into the General, Maintenance or Utility Easement(s). As concerns the
extent of work to be performed on the Maintenance Easement and Utility Easement, this
Agreement recitesJhe maximum extent of the Maintenance and Utility Easements and all parties
in setting the placement of the utilities and the maintenance easements servicing such utilities
will attempt to maintain the rustic condition of the property. The MILLER ESTATE shall have
input into work to be performed in the Maintenance Easement and Utility Easement, however,
the work to be performed in the Maintenance Easement and Utili~v Easement cannot be so
restricted by the MILLER ESTATE as to frustrate the providing of the utility service. If an
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understanding is reached with a utility company which is providing service in the Utility
Easement, General Easement and Maintenance Easement conceming the placement of the utility
lines, poles, wires or trimming of vegetation to meet concerns or objections solely raised by the
MILLER ESTATE and results in additional costs being assessed to RAPAK to provide the utility
service to the Rapak property, then in that event the MILLER ESTATE shall bear the entire
additional cost and reimburse RAP AK and/or the Utility company for the additional expenses.
Any proposal by a utility provider which requires the MILLER ESTATE input and requires a
response, must be responded to by the MILLER EST ATE within ten (10) days. In the event a
response is not received within ten (10) days, the proposal shall be deemed to be approved by the
MILLER ESTATE.
7. MILLER ESTATE'S USE OF THE GENERA]~ EASEMENT: RAPAK and
the MILLER ESTATE recognize that the heirs of the MILLER ESTATE currently use the
General Easement described in this Agreement for irregular and periodic access to certain
portions of the MILLER ESTATE PROPERTY by means offoot and light motorized vehicles
and it is not the intent of this Agreement to prohibit or diminish such use by the heirs,
beneficiaries and remaindermen of the MILLER ESTATE. Moreover, the MILLER ESTATE
Property, as described in Paragraph I of this Agreement, is genefallly an undeveloped parcel of
mountain land. In the event, however, the MILLER ESTATE, any heir, beneficiary or
remaindermen subdivides or builds any improvement on the MILLER ESTATE PROPERTY,
access to which uses in any fashion the Easements described in Paragraph 3 for the benefit and/or
to service subdivided property or an improvement then, the MILLER ESTATE becomes an
Easement User as that term is defined by this Agreement and is obligated to reimburse RAP AK
in accordance with Paragraph 2. of this Agreement.
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8. EASEMENT USER: An Easement User is defined as any person or entity who
owns land that is adjacent to, benefitted by or serviced by the Easements described in Paragraph
3 including, but not limited to: (a) property subdivided from the MILLER ESTATE
PROPERTY; (b) an improvement built on the MILLER ESTATE PROPERTY; (c) any property
adjacent to the MILLER ESTATE PROPERTY which seeks use ofthe Easement; (d) any parcel
of property subdivided from the RAP AK Property; or (e) any parcel of property serviced by the
Easement(s) but, is not otherwise adjacent to the MILLER ESTATE PROPERTY or RAPAK
Property, but, nevertheless utilizes the Easement( s) or in the event such use is sought as
described in this subparagraph (5) the prior written permission of the use and cost to use the
General Easement would have to be first obtained from the MILLER ESTATE and RAP AK.
For purposes of this Agreement, Rapak owns all the stock of a certain corporation which
he may eventually operate from the property described in Paragraph 2. The operation of the
corporate entity from the property described in paragraph 2 shall not be considered as a separate
or new Easement User pursuant to this paragraph.
9. ALLOCATION OF COST OF IMPROVEMENTS AND MAINTENANCE
AMONG EASEMENT USERS. The cost of any improvements and maintenance to improve
and/or maintain the General Easement, excluding improvements such as gas, sewer and water
lines, shall initially be borne solely by RAP AK. The cost of any future improvements and
maintenance to improve and/or maintain the General Easement excluding gas, sewer and water
lines shall be allocated among the Easement Users and such allocation shall be directly related to
the length of the beneficial use of the General Easement which ea(:h Easement User utilizes.
Proposed improvements to the General Easement for the purpose of serving a new Easement
User or if the MILLER ESTATE or a beneficiary or remaindermen of the MILLER EST ATE
erects an improvement which requires the General Easement to be improved in any manner as a
7
result shall be solely paid for and borne by the new Easement Use:r and/or beneficiary
remaindermen of the MILLER ESTATE. All other proposed improvements or maintenance to
the General or Utility Easement involving a cost of more than $1,000.00 shall be forwarded in
writing to all other Easement Users who shall have fourteen (14) days to object in writing to the
proposed improvement and/or maintenance. If a written objection from an Easement User is not
received within fourteen (14) days by the Easement User proposing the improvement and/or
maintenance, it shall be deemed that the proposal has been approved and the other Easement
User will be responsible for their proportionate share of the cost to perform the work set forth in
the proposal. Any proposal of less than $1,000.00 need not be approved in writing before the
improvement and/or maintenance is performed. Failure to give advance written notice of
proposals for improvements and/or maintenance exceeding $1,000.00 shall result in sole liability
of the party who had the improvement and/or maintenance work performed. As of the date of
this Agreement, RAP AK is the only individual who, on a regular basis uses the General
Easement and the Utility Easement described herein as a means of ingress, regress and egress to
the RAP AK property. The costs of improvements and maintenance to the General Easement and
Utility Easement for purposes of this Agreement includes, but is not limited to snow and ice
removal, trimming vegetation, maintaining the cartway, maintaining a system of diverting storm
water along the General Easement and maintenance of gates, if any.
If in the future, there becomes additional Easement Users, as that term is defined in
Paragraph 8, they shall, in addition to RAP AK, bear the costs of any future improvements and
maintenance to the General Easement. The costs of future improvements and maintenance shall
be allocated between RAPAK and the Easement User(s) in accordance with the following
formula:
8
The cost of improvements and maintenance of the General
Easement shall be allocated among Easement Users based upon the
total length of each Easement User's beneficial use of the General
Easement. The term beneficial use is defined for purposes of this
Agreement as the number of feet of the General Easement used by
an Easement User to obtain access to their property measured from
the beginning of the Easement at the edge of Belle Vista Drive to
the point of where the Easement User discontinues the use of the
General Easement as a means of ingress, regress and egress or
provision of utility services which point for purposes of this
Agreement is defined as the point of termination. The total length
of all of the Easement Users' beneficial use shall be added together
and used as a denominator, the length of the beneficial use of each
individual Easement User being the numerator; then the fraction
shall equal the percentage of the Easement Users' percentage and
allocation of the cost of all future improvements and maintenance.
RAP AK, for purposes of this sub-paragraph, is defined as an
Easement User(s).
By way of illustration, ifin the future there are four (4) Easement Users, (i.e., RAPAK
and three (3) others), whose beneficial use of the Easement are 3540'; 2000'; 1500'; and 1200'
respectively, and the cost of an improvement and/or maintenance equals $5,000.00, then each of
the above Easement Users would be responsible in the following percentages calculated in the
following manner for the cost of said improvement and/or maintenance:
a. 3540/8240 x 5,000.00 = $ 2,150.00
b. 2000/8240 x 5,000.00 = $ 1,200.00
c. 1500/8240 x 5,000.00 = $ 900.00
d. 1200/8240 x 5,000.00 = $ 750.00
TOTAL $ 5,000.00
10. RELOCATION OF GENERAL EASEMENT AND UTILITIES: The
MILLER ESTATE, its heirs and assigns, hereby agree that if, in the future, the MILLER
ESTATE PROPERTY is subdivided, which subdivision plan relo,cates the General Easement and
Utility Easement set forth in Paragraph 3 of this Agreement or if the MILLER ESTATE
9
otherwise desires to relocate the general easement in the use or development of its property then,
in that event, the MILLER ESTATE agrees that said subdivision plan will provide to RAPAK an
Easement which, at a minimum, shall provide a General Easement together with a Maintenance
Easement leading from Belle Vista Drive of the same width, grade, radius of curvature, road
surface, and in the case of the relocation of any Utility Easement, an alternative utility easement
which will provide utilities to the RAP AK property and said Utility Easement will be of a same
or similar nature. Advance copies of all relevant engineering drawings, plans, and other
documents pertaining to such proposed relocation shall be provided to RAP AK for review as
soon as said drawings and documents are available, in no event shall such drawings and other
documents be provided less than 45 days prior to the beginning of construction of such proposed
relocation. Upon determining that the proposed relocation meets the criteria laid out in this
section, the parties agree to sign any and all documentation which may be necessary to
accomplish such a relocation.
The cost of the relocation of the General Easement and/or Utility Easement shall be paid
by the MILLER ESTATE and shall include not only the costs of the creation and establishing the
Easement and providing a cartway of a same and similar nature as to that which exists at the time
of the relocation but, also the costs of relocating any utility lines, poles, wires, pipes and other
means of delivering utilities to the RAP AK property including thf~ construction of an access road
from the boundary of the MILLER ESTATE adjoining the RAP AK property to the area of the
RAP AK Property now generally serviced by the General Easement described in Paragraph 3 of
this Agreement. All costs associated within this paragraph shall be borne by the MILLER
ESTATE.
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II. NOTICES: All notices or proposals required to be given in writing by the parties
to this Agreement and by all future Easement Users shall be forwarded to the following
addresses:
A.
MILLER ESTATE
Lynn N. Mason
210 Maple Road
Harrisburg, PA 17109
Robert D. Miller
233 Belle Vista Drive
Marysville, P A 17053
B. DANIEL RAPAK
35 High Ridge Road
Randolph, NJ 07869
Victoria Neidig
Marysville, P A 17053
In the event a party changes his address or if in the future an additional Easement User
comes into being, then it is incumbent upon that party or additional Easement User to provide a
notification address to each other Easement User. If no new address is provided by a party to this
Agreement or by a new Easement User, then, in that event, the addresses contained in this
Agreement or previously provided shall prevail for proper service, of notices of proposals.
12. MODIFICATION OF AGREEMENT: Neither this Agreement nor any
provision thereof shall be amended or modified or deemed amended or modified, except by an
Agreement in writing duly subscribed and acknowledged with the, same formality as this
Agreement.
13. SITUS: This Agreement shall be construed and governed in accordance with the
laws of the Commonwealth of Pennsylvania.
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14. ARBITRATION: It is hereby expressly understood and agreed, if any point in
this contract is unclear or ambiguous, or in case of any dispute arising between the parties
hereunder, including, but not limited to, the need for maintenanct: and improvements, said point
or dispute shall, at the written request of either party, be referred to arbitration for determination
or settlement under the Uniform Arbitration Act, including amendments that may hereinafter be
made thereto which at any particular time are in force and effect. The arbitration board shall
consist of three (3) experienced persons in the matter to be arbitrated. One (1) member of the
arbitration board is to be chosen by RAP AK, one (1) is to be chosen by MILLER EST ATE, and
all other Easement Users, the two (2) thus named shall appoint a third member, who shall serve
as chairman. If the two (2) thus named cannot agree upon a third within ten (10) days, they shall
be dismissed, and two (2) other persons shall be appointed as outllined above, this procedure shall
continue until the full board results; provided, however, that nothing in this section shall act to
halt any negotiations or relieve RAP AK or MILLER ESTATE and all other Easement Users of
the responsibility of seeking an equitable settlement.
If one party demands arbitration and appoints an arbitrator, the other party(s) shall
nominate their arbitrator within ten (10) days. In the event the non-requesting party fails to
nominate an arbitrator within ten (10) days, the appointed arbitrator shall choose an additional
arbitrator and then that arbitrator will appoint a third arbitrator who will serve as chairman.
It shall be the responsibility of the arbitration board to demand a clear and concise
definition of the matter or matters at issue, and to decide and demand whatever information,
testimony or other aid as necessary to its deliberations. It shall be the responsibility of RAP AK
and MILLER ESTATE and all other Easement Users to meet such demands promptly and
without reservation. An award may be made by the board of arbitration when two (2) of the three
(3) arbitrators agree upon a result. It is not the intent of the parties that the board of arbitration
12
reach a unanimous agreement. Any award pursuant to arbitration as herein provided shall be
accompanied by a written opinion of the arbitrators giving reasons for the award. In a case of
determination as to a point that has not been covered or adequately covered herein, or that is
unclear or ambiguous, the arbitrators in making their determination shall include a consideration
of the general objective sought to be obtained under this contract and what would appear to be
reasonable under the circumstances.
The arbitrators shall be entitled to reasonable compensation and to incur reasonable
expenses. RAP AK shall pay the reasonable compensation and reasonable expenses of the
Arbitrator he appoints. MILLER ESTATE shall pay the reasonable compensation and reasonable
expenses of the Arbitrator it appoints. The reasonable compensation and reasonable expenses of
the third Arbitrator shall be equally borne by RAP AK and MILLER ESTATE. In the event one
party fails to appoint an arbitrator, the cost of the arbitrator shall be awarded to the party who had
the obligation to seek the appointment, regardless of the result of arbitration.
In the event RAP AK or MILLER ESTATE subdivide their respective properties, then for
purposes of this paragraph, those individuals who purchase such sub-divided properties shall be
categorized and identified as a member of the "Rapak Group" or the "MILLER ESTATE Group"
and each respective group shall, by majority vote of the members of the group, appoint an
Arbitrator. The arbitrator shall be entitled to reasonable compensation and to incur reasonable
expenses. The reasonable compensation and reasonable expenses of the Arbitrator shall be
shared equally by the members of the group.
If a group has an equal number of members and those members cannot reach a majority
vote as concerns the appointment of an Arbitrator, then, in that ev,ent, the Arbitrator shall be
chosen by a draw. By way of illustration, if there were six (6) members in a group, and three (3)
13
separate and different Arbitrators were nominated by the members of the group and each
received two (2) votes, then the names of the Arbitrators would be written down, placed in a box
and the first Arbitrator's name drawn from the box will be the Arbitrator appointed by the group
with the reasonable costs and reasonable expenses shared equally by the members of the group.
15. RECORDATION OF EASEMENT AND EASEMENT AGREEMENT: It is
the intent of the parties that a Deed of Easement(s) and this Easement Agreement shall be
prepared and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, and that the obligations of this Easement Agreement shall encumber any deed
given by the MILLER ESTATE for any parcel of property which is divided or sub-divided from
the larger tract described in Exhibit" 1."
16. SEPARATE AND INDEPENDENT COVENANTS: It is specifically
understood and agreed by and between the parties hereto that each paragraph hereof shall be
deemed to be a separate and independent covenant and agreement. If any term, condition, clause
or provision of this Agreement shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid and continue in full force,
effect and operation.
17. ENTIRE AGREEMENT: This Agreement contains the full and entire
Agreement between the parties hereto and there are no other agreements, oral or written. This
Agreement shall be interpreted fairly between the parties, not in favor of nor against any of the
parties or the author thereof and shall be construed under the laws of the Commonwealth of
Pennsylvania. In interpreting this Agreement, the singular shall include the plural, and the plural
14
shall include the singular, masculine shall include feminine, and feminine shall include
masculine.
18. BINDING EFFECT: Each of the parties hereto intends to be legally bound
hereby, and this Agreement shall be binding upon their successors, agents, employees, heirs,
personal representatives and assigns of the respective parties here:to.
19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in detennining the rights or obligations
ofthe parties.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto
have set their hands and seals the day and year first above written.
WITNESS:
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VICTO A IDIG, ,
i/
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DANIEL L. RAPAK
iff In. ~~
,.,~~~~~
THE ESTATE OF RUTH V. MILLER
~r?;1. )}1~f/Y7
~
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15
COMMONWEALTH OF PENNSYL VANIA
'^ _ SS.
COUNTY OF LXl..w(J/LuJ
On this, the..j01bday of September, 2005, before me, a Notary Public, the undersigned
officer, personally appeared Daniel L. Rapak, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
uJu.d~il&~
ary Public
1--------
I I~OTARIAL GEAI ------;
JUlIEANNE AMETRANO. "'ot.. ' P". "'.:
J City 0' Ham~hurg, Pt~ !),"lupni,l
1 My Commi:,~i{~~EXpi~':~." ":.c;c :"-'
COMMONWEALTH OF PENNSYL V ANlA
COUNTY OF I JUf 'i~"-!I
SS.
/, --h
On this, the.e '~ day of september, 2005, before me, a Notary Public, the undersigned
officer, personally appeared Victoria Neidig, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/ I
/ i, LL 4-" J.I_- /(-\.._
j i.
_,I.. /;',.c) I,_'.{ /._,
Notary Public
I NOTARIAL SEAL
JULlEANNE I\METR.~NO, Notacy Public
City c:' Harrisourg, P,I\ Dauphin Countll
My Ccmmis~:CJ-; =x:J!:'3~ ceb. ~:',; 22C,~7 :
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF MUPHI}J
NoVEmt'JeR.
On this, the cff/!!}day of <;:~l ",[[milT, 2005, before me, a Notary Public, the undersigned
officer, personally appeared /....YAl),) N. /!1f1SoAl , Co-Administrator to the Estate of
Ruth V. Miller, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
I--~- NOTARIAL SEAL
BAHBARA A. SHADEL, Notary Public
. Citv of Harrisburg, Dauphin County
My Commission Expires March 19. 2007
A..I....L[)~
~c
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DIWPHIAJ
,A;OVElf/8E/t
On this, the ~flI1day 0[3, I'" OOjl;.,,[, 2005, before me, a Notary Public, the undersigned
officer, personally appeared ~.0€.e r )). HILLER... , Co-Administrator to the Estate of
Ruth V. Miller, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and otlicial seal.
NOTARIAL SEAL
BARBARA A. SHADEL, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires March 19, 2007
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Exhibit 1
TRACT #1
BEGINNING at a point at the Susquehanna River near the Borough line of Marysville
and being the north east corner of the within described tract ofland; thence south along said
River 23 Y, degrees east 46 perches to corner of lands within described and south of Pat. Vaughn;
thence west along said land of Pat. Vaughn and across a public road and across the right-of-way
ofthe Northern Central Railroad, south 87 Y, degrees, west 14 per,~hes; thence along said right-
of-way of the Northern Central Railroad, south 10 degrees west 14.3 perches; thence south 36 3/4
degrees west 27.1 perches to corner oflands of Joseph Hoon; thence 61 Y, degrees, west 2.5
perches; thence south 65 Y, degrees west 94.7 perches along the land of Joseph Hoon and C. R.
Boas; thence south 52 degrees west 84 perches along land of J. L. Seitz, the property of Eph.
Neiss; thence south 80 degrees west 9 perches to corner oflands of said Eph. Neiss and Harry
Miller; thence north 9 Y, degrees west 144 perches along lands of Harry Miller to corner of lands
of Harry Miller and Seidel Brothers; thence north 76 degrees east 200 perches to Susquehanna
River, the place of BEGINNING.
Excepting from said described land a deed of conveyance to Northern Central Railroad
Co. recorded in Deed Book "P", Volume 6, Page 505 and a deed of conveyance to Patrick H.
Vaughn recorded in Deed Book "N", Volume 6, Page 90.
Being the same premises which Walter A. Kauffman and Mae J. Kauffman, his wife, by
their deed dated September 1, 1944 granted and conveyed unto Ruth V. Miller which deed is
recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book
"V", Volume 12, Page 569, and the said Ruth V. Miller being so thereof seized did die October
11, 1966, which will is recorded in the Register of Wills Office in and for Cumberland County in
Will Book 58, Page 335.
Estate of Ruth V. Miller, as described in Deed Book "Y", Volume 22, Page 791 in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania.
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BBGIJOtING at a polat la Rdll'oad Aven.. .del poiDt bdn, referencgct
.outh alxt,. de,ree. thlrty IIlnute. fifty-three aecond.1I we.t (S. 60
30' '3" W.), a di.taace of ei,hty-four and twenty-six hund.redths
(84.26) feet fl'~ P.T. Station 34.31.96 oa Railroad Avenue, said P.T.
Station beln. seven hundred twenty-two and forty-aix (722.46) feet
eut.alon, the center line of Railroad Aveaue fra the eut side of
Walnut Street; thence D~l'th twenty-five de,rees fifty-Live IIlnutea
thirty second.. weat '(N. 250 '" 30" W.), a distance of' five hundred
fifty (550) feet to a point on Harry Miller Eatate; thence alon,
.... north Bixty-three de,ree. forty-four .inute. .eventeen aeconds
ea.t (N. 63 44' 17" B.), a diatanee of five hundred forty-seven
(547.0) feet to a point on line of land. now or late of Ruth V. Miller
llatate; thence alon, .... south fifteell desreea twenty,-ei,ht .inute.
fifty-four secollda'eut <S. 15028' 54" B.), a distance of five
hundred fifty (550.0) feet to a point; thence alons patcel '5 and
center line of Railroad Avenue south aixty-two de,rees t~n .inutes
fifty-three second. west (S. 62 10' 53" W.), a diatance of three
hundred sixty-three and twenty-four hundr4l!dtha (36324) feet to a
point on same; thence alon, .ame aouth sixty-three de,rees forty
..inutes fifty-three aeconds west, (S. 63040' 53" 'A.), a diatance
of d,hty-foui'and. twenty-six hundredths (84.26) ieet to a point, the
place of BEGINNING.
Said tract containiDS .ix and twenty_thre':~undredth. (6.23) acrea.
BllIJlG part of the a.. prelliaeaji.Which Henty H. Sei<1el, 4!t ux and et al
sranted and. conveyed unto Harry/'Miller by deed dated MaJrch 23, 1892 and
recorded April 21, 1892 in Deed Book "T", Vo11UH 2, PaBt~ 191, and
lIal'l'[ S. Miller bein, ao thereof seized died tutate Selltelllber 17, 1937
1eav n, a will which was duly probated whereby all hia e'atate includin,
the above described tract was devised to Ruth V. Miller.
Property of Victoria Neidig, as described in Deed Book "X", Volume 22,
Page 87 in the Office of the Recorder of Deeds in and for Cumberland
County, pennsylvnia.
'. .
Exhibit 2
ALL THAT CERTAIN tract of land BBGI!lNING at a point on the western .ide of
Route. 11 and 15 (SO fe.t wid.) at the county line ,marlcer b.t....n Perry COunty
and Cumberland county and at land now or late of JOllathon A. S.idel B.tate;
thence along Route. 11 and 15 the following two COUl~.e. and di.tance.; (1)
.outh 33 degree. 27 .inute. 11 .econd. eaet a di.tallce of .ix hundred thirteen
and .ixty-.ix hundredth. (613.66) feet to a point; '(2) by a curv. extending to
the right and having a chord ....urad .outh 32 degr..e 22 .inut.. 15 .econd.
ea.t a 1.ngth of fifty-thr.. and eighteen hundr.dth.. (53.18) fe.t and having a
radius of one thou.and tour hundred ..ven and .ixty.-nine hundredth. (1407.69)
teet an arc di.tance ot titty-three and eighteen hUlOdredth. (53.18) teet to a
point; thence .outh 82 degree. 38 .inute. 33 .econd.. we.t a di.tance of thr.e
thou.and one hundred forty and .ixty-.even hundredtl~. (3140.67) feet to a
point; thence north 06 degre.. 00 .inute. 10 .econd.. we.t a di.tance of three
hundred forty-four and eighty-five hundredth. (344.1~5) feet to a point at the
county line; thence along the county line and land IOOW or late of Jonathon A.
Seidel B.tate north 77 degr.e. 31 .inute. 17 ..condl' ea.t a di.tance of two
thou.and eight hundred fifty-one and forty-eight hUlOdredth. (2851.48) feet to
a point, the Place of BBGI!lNING.
CONTAINING 32.826 acre., more or l..a.
Deed of Daniel L. Rapak.
E~hibit 3
LEGAL DESCRIPTION
BEGINNING at a point on the northern right of way line of Belle Vista Drive, an
80 foot wide public right-of-way, said point being S 780 01' 45" Wa distance of338.22 feet from
the center of a PP&L Co. pole labeled 23078-S36029; thence across lands of Scott A. Irvan and
Victoria Niedig N 270 49' 21" W a distance of 21.63 feet to a point; thence N 240 04' 59" E a
distance of71.30 feet to a point; thence N 340 21' 14" E a distance of 184.50 feet to a point near the
property line of Scott A. Irvan, ET AL and the estate of Ruth V. Miller: thence through the estate of
Ruth V. Miller the following courses and distances; thence by a curve to the right having a radius of
137.45 feet an arc length of92.55 feet to a point; thence N 720 55" 59" E a distance of50.66 feet to
a point; thence by a curve to the left having a radius of97.50 feet an arc length of91.32 feet to a
point; thence N 190 16' 13" E a distance of261.26 feet to a point; thence by a curve to the right
having a radius of 130.00 feet an arc length of 87.45 feet to a point; thence by a curve to the left
having a radius of714.11 feet an arc length of269.43 feet to a point; thence by a curve to the right
having a radius of372.50 feet an arc length of 158.37 feet to a point; thence N 600 36' 05" E a
distance of300.03 feet to a point; thence by a curve to the left having a radius of 102.50 feet an arc
length of 111.05 feet to a point; thence N 01028' 33" W a distance of 124.99 feet to a point; thence
by a curve to the right having a radius of 321.96 feet an arc length of 230.79 feet to a point; thence
N 390 35' 42" E a distance of 668.03 feet to a point; thence by a curve to the left having a radius of
577.50 feet an arc length of 196.28 feet to a point; thence N 200 07' 16" E a distance of
37.17 feet to a point; thence by a curve to the right having a radius of772.50 feet an arc length of
92.84 feet to a point; thence N 2r 00' 25" E a distance of 113.17 feet to a point; thence by a curve
to the left having a radius of90.00 feet an arc length of 157.66 feet to a point; thence N 730 21' 48"
W a distance of 194.71 feet to a point; thence along the estate of Ruth V. Miller and lands of Daniel
L. Rapak passing through two 1', inch rebars found on said line N 71002' 57" E a distance of 77.33
feet to a point; thence S 73 0 21' 48" E a distance of 131.83 feet to a point; thence by a curve to the
right having a radius of 135.00 feet an arc length of236.49 feet to a point; thence S 270 00' 25" Wa
distance of 113.17 feet to a point; thence by a curve to the left having a radius of727.50 feet an arc
length of 87.43 feet to a point; thence S 200 07' 16" W a distance of 37.17 feet to a point; thence by
a curve to the right having a raduis of 622.50 feet an arc length of 211.58 feet to a point; thence S
390 35' 42" Wa distance of 668.03 feet to a point; thence by a curvt~ to the left having a radius of
276.96 feet an arc length of 198.53 feet to a point; thence S 01028' 33" E a distance of 124.99 feet
to a point; thence by a curve to the right having a radius of 147.50 feet an arc length of 159.81 feet
to a point; thence S 600 36' 05" Wa distance of 300.03 feet to a point; thence by a curve to the left
having a radius of327.50 feet an arc length of 139.22 feet to a point; thence by a curve to the right
having a radius of759.ll feet an arc length of286.39 feet to a point; thence by a curve to the left
having a radius of 85.00 feet an arc length of 57.18 feet to a point; thence S 190 16' 13" Wa
distance of261.26 feet to a point; thence by a curve to the right having a radius of 142.50 feet an arc
length of 133.46 feet to a point; thence S 720 55' 59" Wa distance of 50.67 feet to a point; thence
by a curve to the left having a radius of 92.45 feet an arc length of 62.25 feet to a point; thence S
34021' 14" Wa distance of 180.45 feet to a point; thence S 240 04' 59" Wa distance of 44.92 feet
to a point on the northern right of way line ofBeUe Vista Drive; thence along said right of way line
S 620 10' 39" Wa distance of 45.35 feet to a point on said right of way, the Point of BEGINNING.
The above-dcscribed access easement contains 3.61 acres ofIand.
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INRE:
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSYLVANIA
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,
:PENNSYL VANIA
DANIEL L. REPAK
Petitioner
:NO. 01-2418 CIVIL TERM
V.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DlRKSON R.
MILLER AND VICTORIA E. NEIDIG,
DAVID K. MILLER, RUTH V. NYGUIST,
LIFE ESTATE BENEFICIARIES OF THE
TRUST OF RUTH V. MILLER AND
DORE KAY FELIX, BARBARA KISH,
LYNN MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINERMAN BENEFICIARIES
OF THE TRUST OF RUTH V. MILLER,
Respondents
:CIVIL ACTION - LAW
REPORT OF VIEWERS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
The undersigned Viewers respectively report:
HISTORY OF THE CASE
1. On or about April 12, 2001 the Petitioner, Daniel L. Repak, filed a Petition for the
appointment of Viewers. After further proceedings, involving Petitioner and the Respondents, the
Court appointed a Board of View on January 22,1002. The Board consisted of William A.
Duncan, Esq., Chairman, Fred Hefelfinger and James Sheya to determine if a right of way were
necessary to permit Petitioner access to a public road, to determine location and breadth if a road
were warranted and to determine damages, if applicable. A copy of the Appointment of the View
is attached and marked Exhibit "A".
2. The Board of View served Notice of View on all parties on or about June 11,
2002, Notice was served by certified mail, return receipt requested dated June 12,2002. A copy
of the Notice of View and certified mail receipts are attached and marked Exhibit "B".
3. A View of the premises was held on site by the Board of View on July 11,2002 at
9:30 A.M. and was attended by all members of the Board, some of the parties, Douglas Miller,
Esq., Jordan Cunningham, Esq. and Henry Coyne, Esq. Representing various parties to the
Action.
4. After the View, the parties negotiated in an attempt to resolve this matter without
a Hearing. Those negotiations were nnsuccessful.
5. On May 19,2003 the Board scheduled a Hearing for June 26, 2003 at 9:00 A.M.
For the purpose of taking testimony and evidence pertaining to the Petition and reviewed
materials associated with the case.
6. On or about June 24, 2003, the Board was advised by Douglas Miller, Esq. that
the parties had reached an agreement and would be reducing the Settlement Agreement to
writing, see attached Exhibit "C". Therefore, the Board did not conduct a Hearing as scheduled.
Further notice of same was given June 25, 2003 by Jordan Cunningham, Esq. for Petitioner, see
attached Exhibit "D".
7. After elapsation of further time, William A. Duncan, Esq., Chairman of Board of
View, continued to maintain contact with the various attorneys, seeking verification that the
matter had been resolved and that the Board would be vacated.
8. On January 11,2006, Jordan Cunningham, Esq., attorney for Petitioner,
provided the Chairman of the Board of View with a copy of the Praecipe indicating that the
matter had been settled and discontinued, a copy is attached and marked "Exhibit "E".
CONCLUSION
As set forth in the History of the Case, the matter for which the Board of View was
appointed has been started and discontinued in proper form. Therefore, the Board of View should
be vacated and any costs associated with the Views paid in accord with the following assessment
ofthe cost of viewers:
6 Days @ $250
Certified mail 2 Notices x 59.10
Total
= $1,500.00
= 118.20
= $1,618.20
R. Fred efe finger
247 W. Baltimore Street
~
James \ eya
433 Moo Aven e
C . e PA17013
3 Days@$125
= $ 375.00
3 Days @ $125
= $ 375.00
t
_._-~'
Total Cost of Viewers
$ 2,368.20
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,lI\.N 1 R (f10? \~
IN RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP,
PENNSYLVANIA
DANIEL L. RAPAK,
petitioner
NO. 01-2418 CIVIL TERM
v.
THE ESTATE OF RUTH V. MILLER,:
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST CIVIL ACTION - LAW
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN:
MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER,
Respondents
AND NOW,
ORDER
~
thiSZ],.- day of
2002, upon
review of the annexed Petition and upon the Motion of
Jordan D. Cunningham, Esquire, it is hereby ORDERED the
petition to appoint a Board of Viewers is granted.
I
II
II
EXHIBIT
I
"A"
..
The Court hereby appoints the following individuals as
a a Board of Viewers pursuant to the Private Roads Act, 36
P.S. ~2731 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.
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BY THE COURT:
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INRE:
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY,
:PENNSYL VANIA
LAYING OUT AND OPENING
A PRIVATE ROAD IN EAST
PENNSBORO TOWNSHIP
PENNSYL VANIA
DANIEL L. REPAK
Petitioner
:NO.01-2418 CIVIL TERM
V.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
ESTATE, AND DIRKSON R.
MILLER AND VICTORIA E. NEIDIG, :CIVIL ACTION - LAW
DAVID K. MILLER, RUTH V. NYGUIST,
LIFE ESTATE BENEFICIARIES OF THE
TRUST OF RUTH V. MILLER AND
DORE KAY FELIX, BARBARA KISH,
LYNN MASON, ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINERMAN BENEFICIARIES
OF THE TRUST OF RUTH V. MILLER,
Respondents
NOTICE OF VIEW
TO:
Dirkson R. Miller
c/o Ruth V. Nyguist
205 Belle Vista Dr.
Marysville, Pa 17053
Helen R. Wiest
c/o Ruth V. Nyguist
205 Belle Vista Dr.
Marysville, Pa 17053
Ruth V. Nyguist
205 Belle Vista Dr.
Marysville, Pa 17053
Victoria E. Neidig
216 Bella Vista Dr.
Marysville, Pa 17053
Barbra Kish
130 Austin Court
Jessup, Ga 31545
Robert Miller
233 Bella Vista Dr.
Marysville, Pa 17053
EXHIBIT
I IIBII
David K. Miller
c/o Ruth V. Nyguist
205 Belle Vista Dr.
Marysville, Pa 17053
DOTe Kay Felix
1827 Susquehanna St.
Harrisburg, Pa 17102
Irwin McNnight & Hughes
Douglas G. Miller
60 W. Pomfret St.
Carlisle, Pa 17013
Lynn Mason
210 Maple Rd.
Harrisburg, Pa 17109
Donald Neidig
1518 Scenic Dr.
Almogordo, NM 88310
Daniel L. RePak
35 High Ridge Rd.
Randolph, NJ 07869
Jordan D. Cunningham, Esquire
Cunningham & Chernicoff, P.C.
2320 N. Second St.
P.O. BOX 60457
Harrisburg, Pa 17106-0457
William A. Duncan, Chairman
1 Irvine Row
Carlisle, PA 17013
James Sheya
35 E. High Street
Carlisle, P A 17013
R. Fred Hefelfinger
247 Baltimore Street
Carlisle, PA 17013
Prothonotary Office
Cumberland County Courthouse
1 Courthouse Square
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 Fred
Hefelfinger, directing them to view the premises pursuant to the Private Roads Act, 36 P.S. 2731
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. The Viewers will meet
at the premises on JULY 11, 2002, 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 obj ections.
WAD/cd
b-l\ rQ"Z-
William A. Duncan, Esquire
Chairman, Board of View
By
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I
. JUN'Z3-1003 C4:16PM FROM-IRWIN, MCKN'GHT & HLGHES LAW CFFICES
+71 i1496364
T-064 P 0021001 H36
LAW OFF=lCE.S
IRWIN McKNIGHT & HUGHES
ROGF.R n. /RW/N
MARCUS d. JkKNIGtfT.1I1
J~IMES D, /fUGIIES
R.E:BECLA R- HUGf!ES
DOUGLAS G, MILLER
WEiST POMFRfiT PROFfiSSIONAL BUILDING
60 WfiST POMFR(;r STfi"H
CARLISLE. PENNSVL VANIA 17013-322<
(717) 249-2353
FAX 17171 249.6354
~'MAIL; fMHLAW@SUf'ERNET.COM
HAkOLDS./RWJN (I!)2S.jf)77j
HAkOLDS-JRWfN.JR. (1954-J9f16J
IRWiN,lRWIN &: IRWIN (1956-1986,1
IRWIN. IRWIN & McKNiCHT (1986-1994)
rKlf'lN, Md6VfGH7&ffV(;HE.J (JP.o1- )
June 24, 2003
VIA FACSIMILE (717) 249-6354
'WILLIAM A. DUNCAN, ESQUIRE
DUNCAN & HARTMAN, P.C.
1 IRVINE ROW
CARLISLE, PA 17013
RE: REPAK v. ESTATE OF RUm V. MILLER. et al.
No. 2001- 2418, Civil Term
Dear Attorney Duncan:
I am writing to advise that the parties have reached a tentative agreement to settle the
above-captioned matter. In light of this fact, I am requesting that the hearing scheduled for June
26, 2003 be continued. My office has been in contact with Barbara Kist, Robert Miller and
Victoria Neidig to advise that there is no need at this time for the hearing. Please also be advised
that Mr. Dixon Miller is deceased. Attorney Cunningham and I will ensure that the remaining
parties are infonned of the continuance.
Thank you for yOur attention to this matter.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
~!~
DGM:tds
cc: Barbara Kist
Robert Miller
Heruy Coyne, Esquite (via facsimile -737-5161)
Jordan CWlllingham, Esquire (via facsimile - 238-4809)
EXHIBIT
I "cn
T0' d ltJ10l
JORDAN D. C1,JNNll'GHAM
ROBERT f;. CHERN1COff
MA1{C W. WITZIG
HENRY W. VAN ECK
fOHN M. HYAMS
CUNNINGHAM & CHERNICOFF, P.c.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
HERSHJ:Y TELEPHONE
(7J 7) 534-2SJJ
IRS NO. ;!.~2274135
Street Addleo,,,
2320 N. 2nd Stroet
Hatrisbutg. PA J7110
TELJi.Pl{ONH (717) 238..6,';7U
[-AX (717) 23>\-48O'l
June 25, 2003
William A. Duncan, Esquire
Duncan & Hartman, P.C.
OUi;: Irvine Row
Carlisle, PA 17013
VIA TELECOPIER - 249-7800
DlCT A TED BUT NOT READ
Re: Rapak v. MilleI' Estate, et al.
No. 01-2418 Civil Term
Our File No. 405597
Dear Mr. Duncan:
The parties have settled their differences and will be entering into an Easement Agreement
and appropriate documentation to be recorded. I am asking that the hearing scheduled for June 26,
2003 be continued in the event that the parties arc unable to reach agreement within a reasonabli;:
period of time.
Thank you for your attention to this matter,
Very truly yours,
JDClbam "
cc: Daniel L Rapak //
Douglas G. Miller, Esquire (Via - 249-6354)
Henry Coyne. Esquire (Via.. 737-5161)
CUNN Z~~ICOFI;. P.C.
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EXHIBIT
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,'"-.,...... .......-".-::>= ,"-:> kin"
'<Hldll' ,1"" '. ."'."
IN RE:
LAYING OUT A1\1) OPENING
A PRIVATE ROAD IN EAST
PE:\NS BORO TO WNSHIP.
PENNSYLVANIA
DANIEL L. RAPAK,
Pet1tion~r
v.
THE ESTATE OF RUTH V. MILLER,
HELEN K. WIEST, CO-TRUSTEES
AND CO-EXECUTORS OF THE
EST ATE, AND DIRKSON R.
MILLER AND VICTORIA E.
NEIDIG, DAVID K. MILLER,
RUTH V. NYQUIST, LIFE ESTATE
BENEFICIARIES OF THE TRUST
OF RUTH V. MILLER AND DORE
KAY FELIX, BARBARA KISH, LYNN
MASON. ROBERT MILLER AND
DONALD NEIDIG, AS THE
REMAINDERMAN BENEFICIARIES
OF THE TRUST OF RUTH V.
MILLER.
Respondents
TO THE PROTHONOTARY:
"J/_j.>.I,I,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY.
: PEN')ISYLV ANIA
NO 01-2418 ClVIL TEKM
: CIVIL ACTION - LAW
-n (._
PRAECIPE
Docket the attached Easement Agreement to the above captIOned matter..
Dated: January 'J-, 2006
By:
F:\HOMEw.tEWllT J>OCSIQ-S\k.AP AK'PRAECEND. WPD
I
. Cunningham, Esquire
A l. . No. 23144
2320 North Second Street
Hamsburg, PAl 7110
(717) 238-6570
Attorneys for Dcfendant
EXHIBIT
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CERTIFICATE OF SERVICE
I do hereby slate that 1 served a true and correct copy of the foregoing by plaCing the same
III the U.S. mail, postage prepaid, on January 9...,2006. addre"cd toc
Douglas G. Miller, Esquire
Irwm, McKlllght & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, PA 17013
(Attomeys for Barbara Kish and
Robert Miller)
Henry Coyne, EsqUire
Coyne & Coyne, P.c.
390 1 Markel Street
Camp Hill, PAl 70 \1-4227
(East Pennsboro Township Solicitor)
Jill W ineka, EsqUIre
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
./-.....
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