HomeMy WebLinkAbout12-2025rn -. i
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HAROLD SWIDLER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. CIVIL ACTION
NO: /a2- o2pa5 C??Vi! IIP.lM
ALAN SWIDLER and BRADLEY
SWIDLER, PARTITION OF REAL ESTATE
Defendants
NOTICE
YOU ARE BEING SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (800) 990-9108
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AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de
los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por calquier suma de dinero reclamada en la demanda o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (800) 990-9108
Respectfull
By:
Bruce . Warsha s , Esquire
Supreme Court ID# 58799
Cunningham & Chernicoff, P.C.
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
Attorney for Plaintiff
Date: March 29, 2012
HAROLD SWIDLER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. CIVIL ACTION
NO:
ALAN SWIDLER and BRADLEY
SWIDLER, PARTITION OF REAL ESTATE
Defendants
COMPLAINT FOR PARTITION OF REAL PROPERTY
AND NOW comes Plaintiff, Harold Swidler, by and through his attorneys, Cunningham
and Chernicoff, P.C., who files the following Complaint for Partition of Real Property,
respectfully averring as follows:
THE PARTIES
1. Plaintiff, Harold Swidler ("H. Swidler" or "Plaintiff") resides at 315 Washington
Lane, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, Alan Swidler ("A. Swidler") resides at Nine West Shore Drive, Camp
Hill, Cumberland County, Pennsylvania 17011.
3. Defendant, Bradley Swidler (`B. Swidler") resides at 810 Derby Avenue, Camp
Hill, York County, Pennsylvania 17011.
THE REAL ESTATE
4. Plaintiff and Defendant are owners of seven (7) tracts of real estate, all located in
Cumberland County, the legal descriptions of which are attached hereto as
Exhibits "A" through "G" respectively (collectively, the "Real Estate")'.
5. The current ownership interests of the Real Estate are vested in Plaintiff, H.
Swidler, as a one-half ('/z) tenant-in-common and Defendants, A. Swidler and B.
Swidler, as one-quarter (1/4) tenants-in-common each.
THE PLAINTIFF'S BASIS FOR PARTITION
6. The Plaintiff and Norman Swidler (the father of the Defendants) acquired legal
title to the Real Estate at various times in the 1960s, residing in and operating
various business ventures thereon.
7. Plaintiff, with no financial assistance from Norman Swidler, paid the entire
The Real Estate is comprised of six (6) separate parcels as follows:
a. Exhibit "A" - Tax Parcel No: 32-33-1869-124;
b. Exhibit "B" - Tax Parcel No: 29-19-1639-004;
c. Exhibit "C" - Tax Parcel No: 39-13-0101-67A;
d. Exhibit "M - Tax Parcel No: 06-19-1639-017;
e. Exhibit "E" - Tax Parcel No: 06-19-1641-201;
f. Exhibit 7" - Tax Parcel No: 06-19-1639-016 (portion of); and
g. Exhibit "G" - Tax Parcel No: 06-19-1639-016 (portion of).
purchase price for all the Real Estate.
8. Since the purchase of the Real Estate, Plaintiff has paid all of the expenses related
to the upkeep, maintenance, repair, improvement, carrying costs and real estate
taxes for the Real Estate, with no contribution from Norman Swidler prior to
1991.
9. Since 1991, when Defendants acceded to the ownership interests of their father
(by Gift), Plaintiff has also paid all of the expenses for the Real Estate as
enumerated above in Paragraph 8 without contribution from Defendants.
10. As part and parcel of Plaintiff's Estate planning, Plaintiff now needs to properly
reflect his ownership in the Real Estate and to obtain the proper credit for his five
(5) decades of sole contribution to the Real Estate.
11. Defendants do not have the financial whereforal to compensate Plaintiff for his
sole contribution to the Real Estate.
12. Defendant, B. Swidler, has suffered a Judgment against him in York County
(transferred to Cumberland County and docketed to 12-1136) which has resulted
in a Writ of Execution being issued and a Sheriff Sale scheduled on five (5) of the
parcels of Real Estate (Exhibits "C", "D", "E", "F" and "G")
13. The aforementioned Sheriff Sale, scheduled for June 6, 2012, threatens to impair
Plaintiff's interest in the Real Estate and Plaintiff's interest therein may only be
protected by a Partition of the Real Estate.
14. The Real Estate is incapable of being severed without prejudicing the owners of
same.
15. Plaintiff is seeking an Order directing Partition of the Real Estate pursuant to Pa.
R.C. P. 1557 et seq. to proceed thereafter in accordance with the Pa. R.C.P.
including but not limited to:
a. The scheduling of a conference pursuant to Pa. R.C.P. 1558;
b. The appointment of a Master pursuant to Pa. R.C.P. 1559; and
c. The ordering of a private sale under Pa. R.C.P. 1563
subject to the payment and reimbursement of expenses related to the Real
Estate as set forth above and other relief pursuant to the Pennsylvania
Rules of Civil Procedure governing Partition which the Court deems
appropriate.
WHEREFORE, Plaintiff, Harold Swidler, requests the issuance of an Order directing
Partition pursuant to Pa. R.C.P. 1557 and other relief permitted under the Rules of Civil
Procedure governing Partition which the Court deems appropriate.
Respectful
,
By:
Bruce J. Warshawsky, Esquire
Supreme Court ID# 58799
Cunningham & Chernicoff, P.C.
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
Attorney for Plaintiff
Date: March 29, 2012
F `Hoine\B. W1DOCS'SWIDLER.HAROLD\Alan and Bradley SwidlerTartition Complaint wpd
VERIFICATION
I, Harold Swidler, hereby verify that the statements made in the foregoing Complaint for
Partition of Real Property are true and correct to the best of my knowledge. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsification to authorities
Date: 2-L2 (2 ` C_
Harold Swidler
EXHIBIT `A'
Exhibit A
Tax Parcel No: 32-33-1869-124
ALL that certain tract of land situate in the Borough of Shippensburg, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to-wit:
BEGINNING at a point along the Southern edge of the Walnut Bottom Road (State
Highway Route # 174), said point beginning Twenty-live (25) feet from the center
line of the Walnut Bottom Road; thence along the Southern edge of said road North
Seventy-two (72) degrees Ten (10) minutes East Three Hundred Eighty (380) feet
to an iron pin, said iron pin being Six Hundred Seventy-three and Eight Tenths
(673.8) feet West of the Western edge of Orange Street; thence by other land of
Frank E. Hollar, Jr., South Forty-nine (49) degrees Sixteen (16) minutes East Two
Hundred Thirty-three and Eighty-Pour I lundredths (233.84) feet to a common corner
with Frank E. Hollar, Jr., and Jones; thence by land of Jones and others South Forty-
five (45) degrees West Two Hundred Ninety-six and Thirty-three Hundredths
(296.33) feet to an iron pin at a common corner with other land of Frank E. Hollar,
Jr.; thence by Hollar land South Seventy-two (72) degrees Ten (10) minutes West
Two Hundred Thirty-five and Seventy-six Hundredths (235.76) feet to an iron pin;
thence by same North Eighteen (18) degrees Fifteen (15) minutes West Three
Hundred Thirty-five 335) feet to the Place of BEGINNING.
BEING the same premises which Frank E. Hollar, Jr. and Janet M. Hollar, his wife, by their
Deed dated June 10, 1964 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book F, Volume 21, Page 953, granted and conveyed
to Norman Swidler and Harold Swidler. yed
AND BEING the same premises which Norman Swidler and Harold Swidler by Deed dated
October 4, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 35-I, Page 781 on October 11, 1991, granted and conveyed
to Harold Swidler, as a one-half (%i) tenant-in-common and Alan Swidler and Bradle Swidler
one-quarter (1 /4) tenants-in-common. Y as
TOGETHER with all improvements thereon.
EXHIBIT `B'
Exhibit B
Tax Parcel No: 29-19-1639-004
ALL their interests in that certain tract of land situate in North Middleton Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows: -
BEGINNING at a point on the Northern line of U.S. Route 11 at line of lands now or
formerly of Samuel Adams et ux; thence in a Northerly direction by said Adams lot, 250 feet
to line of other lands of said Adams; thence by said land and land of C. W. Anderson, North
55 degrees 30 minutes East, 272 feet to land of W. E. Reese; thence in a Southerly direction j
by said last mentioned land, 250 feet, more or less, to the Northern line of said Highway;
thence in a Westerly direction along the Northern line of said highway, 260 feet to Place of
BEGINNING.
BEING LOTS 707, 708, 709 and 710, 13lock "B", of Oakland Manor, which Plan is recorded f
in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, Page
54 and Plan Book 3, Page 18.
TOGETHER WITH all improvements thereon-and known as 876 Harrisburg Pike.
BEING the same premises which Henry Swidler and Reva Swidler, his wife, by their deed
dated June 18, 1964 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book "G", Volume 21, Page 210, granted and
conveyed to Harold Swidler and Norman Swidler,
AND BEING the same premises which Norman Swidler and Harold Swidler by Deed dated
October 4, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 35-I, Page 793 on October 11, 1991, granted and conveyed
to Harold Swidler, as a one-half (%Z) tenant-in-common and Alan Swidler and Bradley Swidler as
one-quarter (1/4) tenants-in-common.
TOGETHER with all improvements thereon.
EXHIBIT `C'
Exhibit C
Tax Parcel No: 39-13-0104-67A
ALL of the following two tracts of land, one contiguous to the other and both situated in
Southampton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
TRACT NO. 1: ALL that certain tract of farm land BEGINNING at a post and corner of
land formerly of Conrad Clever; thence by same South twenty and one-fourth (20 1/4)
degrees East sixty-six (66) perches to a post in the road leading from formerly James Clark's
Saw Mill, later of Daniel Allen to Shippensburg; thence due East one hundred (100) perches
to a post and corner on line of land formerly of said Conrad Clever; thence North eighteen
(18) degrees West thirty (30) perches to a white oak; thence by land formerly of Leonard
Helm later Craig Fry, North fifty-one (51) degrees West sixty-three (63) perches to stones;
thence by land of same and formerly Abram Bughman, later C. W. Clever, South eighty-
three (83) degrees West sixty-six and six-tenths (66.6) perches to the place of
BEGINNING. _
CONTAINING thirty-eight (38) acres, strict measure.
TRACT NO. 2: ALL of that certain tract of land, contiguous to the land described in Tract
No. 1, bounded and described as follows:
BEGINNING at a point on the public road leading from Shippensburg to Big Pond, corner
of lands formerly of the Heirs of Joseph Clever and Julia M. Hays, later J. E. Harmony;
thence alongsaid road North eighty-eight and three-fourths (88-3/4) degrees West fifty-three
and four-tenths (53.4) perches to a point inline of land of Geary Myers; thence by land of
Geary Myers North twelve and three-fourths (12-3/4) degrees East sixty and one-half (60-
1/2) perches to stones, formerly a pine, on line of land formerly of Joseph Clever, later land
of C. W. Clever; thence along same North eighty-four and one-fourth (84-1/4) degrees East
seventeen and seven-tenths (17.7) perches to a post; thence by land formerly of Martha K.
Clever, et al, South nineteen and three-fourths (19-3/4) degrees East sixty-six (66) perches
to the place of BEGINNING.
CONTAINING thirteen (13) acres and sixty-seven (67) perches, less a lane twelve (12) feet
wide, amounting to forty-four (44) perches along the western side of the land herein
described as Tract No. 2, which land is referred to in deed of the Heirs of Joseph Clever
to Martha K. Clever, et at, dated the 15th clay of April 1912, and recorded in Deed Book
"Y", Volume 7, Page 37.
The net acreage of the above described two tracts of land is fifty-one (51) acres and twenty-
three (23) perches.
BEING the same premises which Clyde E. Rotz and Martha B. Rotz, his wife, by their Deed
dated May 13, 1968 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book T, Volume 22, Page 665, granted and conveyed to Norman
Swidler and Harold Swidler, as tenants-in-common.
AND BEING the same premises which Norman Swidler and Harold Swidler by Deed dated
October 4, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 35-I, Page 796 on October 11, 1991, granted and conveyed
to Harold Swidler, as a one-half (%z) tenant-in-common and Alan Swidler and Bradley Swidler as
one-quarter (1/4) tenants-in-common.
TOGETHER with all improvements thereon.
EXHIBIT `D'
Exhibit D
Tax Parcel No: 06-19-1639-017
ALL that certain lot of ground situate in the Fifth Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the northern line of I-Iamilton Street, at the intersection of same
with the line dividing Lots Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence
along said latter line north 10 degrees 47 minutes west 137.53 feet to a point at lands of C.
W. Anderson and Edna B. Anderson, his wife; thence by said latter lands north 70 degrees
20 minutes 50 seconds east 66 feet to a point; thence by the line dividing Lots Nos. 20 and
19 on the hereinafter mentioned Plan of Lots, south 11 degrees 17 minutes 40 seconds east
146.31 feet to a point on the northern line of Hamilton Street; thence by the northern line
of Hamilton Street south 78 degrees west 66.50 feet to a point, the PLACE OF
BEGINNING.
The within premises are known as Lot No. 20 of Block "D", in the Plan of a Portion of
Hamilton Development as the same is recorded in the Office of the Recorder of Deeds in
and for Cumberland County in Plan Book 11, page 36.
HAVING thereon erected a dwelling house known as No. 820 Hamilton Street.
The within premises are a part of the same which were conveyed unto the Grantors herein
by deed of C. W. Anderson and Edna B. Anderson, his wife, dated May 2, 1960, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book "U", Volume 19, page 386.
The land herein conveyed is subject to the provisions of a deed from C. W. Anderson and
wife, to the School District of the Borough of Carlisle, dated August 1, 1947, and duly
recorded in the Office aforesaid in Deed Book "O", Volume 13, page 466, as modified by
an agreement between said School District and the said C. W. Anderson and wife, dated
September 11, 1958, and duly recorded in the Office aforesaid in Miscellaneous Book Vol.
136, page 373 which provisions are incorporated herein by reference thereto; the intent
being that the land herein conveyed may be used for any of the purposes which are
permissible under the regulations applying to R-2 Residential District of the Borough of
Carlisle under the 1958 zoning ordinance of said Borough, and that no subsequent
ordinance, or repeal of said ordinance, shall effect same.
BEING the same premises which Carroll E. Myers and Grace E. Myers, his wife, by their
deed dated June 18, 1964 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book "F", Volume 20, Page 544, granted and
conveyed to Harold Swidler and Norman Swidler, Co-partners, trading and doing business
as SWID BROS. DISCOUNT CENTER.
AND BEING the same premises which Norman Swidler and Harold Swidler by Deed dated
October 4, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 35-I, Page 799 on October 11, 1991, granted and conveyed
to Harold Swidler, as a one-half (%i) tenant-in-common and Alan Swidler and Bradley Swidler as
one-quarter (1/4) tenants-in-common.
TOGETHER with all improvements thereon.
EXHIBIT `E'
Exhibit E
rax Parcel No: 06-19-1641-201
ALL those two certain lots of ground situate in the Fifth Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the southern line of I-launilton Street, at the intersection of same
with the line dividing lots Nos. 10 and 1 1 on the hereinafter mentioned Plan of Lots; thence
by said latter line south 35 degrees 15 minutes-34 seconds east 209.1 feet to a point; thence
north 63 degrees 38 minutes 40 seconds east 112.87 feet to a point; thence north 28 degrees
18 minutes 30 seconds west 239.99 feet to a point on the southern line of Hamilton Street;
thence by the southern line of Hamilton Street south 63 degrees 3 minutes west 46.63 feet
to a point; thence by said Hamilton Street on a line curving to the left and having a radius
of 110 feet, an arc distance of 50.01 feet to a point; thence by the same south 37 degrees
west 47.22 feet to a point, the PLACE OF BEGINNING.
The within premises are known as Lots Nos. 11 and 12 of Block "H", in the Plan of a
portion of Hamilton Development as the same is recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Plan Book 12, page 19.
HAVING THEREON ERECTED a dwelling house known as No. 849 Hamilton Street.
The within premises are a part of the same which were conveyed unto Carroll E. Myers and
Grace E. Myers, his wife, by deed of C. W. Anderson and Edna B. Anderson, his wife, dated
April 25, 1961, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County in Deed Book "E". Volume 20, page 518,
The land herein conveyed is subject to the provisions of a deed from C. W. Anderson and
wife, to the School District of the Borough of Carlisle, dated August 1, 1947, and duly
recorded in the Office aforesaid in Deed Book "O", Volume 13, page 466, as modified by
an agreement between said School District and the said C. W. Anderson and wife, dated
September 11, 1958, and duly recorded in the Office aforesaid in Miscellaneous Book Vol.
136, page 373 which provisions are incorporated herein by reference thereto; the intent
being that the land herein conveyed may be used for any of the
Y purposes which are
permissible under the regulations applying to R-2 Residential District of the Borough of
Carlisle under the 1958 zoning ordinance of said Borough, and that no subsequent
ordinance, or repeal of said ordinance, shall effect same.
BEING the same premises which Carroll E. Myers and Grace E. Myers, his wife, by their
deed dated November 10, 1961 and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania in Deed Book "J", Volume 20, Page 173, granted and
conveyed to Harold Swidler and Norman Swidler, Co-partners, trading and doing business
as SWID BROS. DISCOUNT CENTER.
AND BEING the same premises which Norman Swidler and Harold Swidler by Deed dated
October 4, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 35-I, Page 789 on October 11, 1991, granted and conveyed
to Harold Swidler, as a one-half (%i) tenant-in-common and Alan Swidler and Bradley Swidler as
one-quarter (1/4) tenants-in-common.
TOGETHER with all improvements thereon.
EXHIBITT'
Exhibit F
Tax Parcel No: 06-19-1639-016 (portion of )
ALL those two certain lots of ground Situate in the Fifth Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the southern line of Hamilton Street at the intersection of same
with the line dividing Lots Nos. 10 and 11, Block "H", as the same appears on the
hereinafter mentioned Plan; thence by said latter line and along lands of Swid Bros. south
35 degrees 15 minutes 34 seconds east 209.1 feet to a point; thence south 63 degrees 38
minutes 40 seconds west 144 feet to a point on the line dividing Lots Nos. 8 and 9 on said
Plan; thence by said latter line north 34 degrees 52 minutes 20 seconds west 164.67 feet to
apoint on the southern line of Familton Street; thence by the southern line of Hamilton
Street by a line curving to the left and having a radius of 470 feet, an arc distance of 143.33
feet to a point, the PLACE OF BEGINNING.
BEING ALL of Lots Nos. 9 and 10, Block "I1", on the Plan of a portion of Hamilton
Development as the same appears in the Office of the Recorder of Deeds in and for
Cumberland County in Plan Book 12, page 19, the Plan of the entire Hamilton
Development appearing in the aforesaid office in Plan Book 12, page 60.
HAVING THEREON ERECTED a dwelling house known as No. 345 Hamilton Street.
BEING a portion of the premises which were conveyed Carroll E. Myers and Grace E.
Myers, his wife, deed of C. W. Anderson and Edna B. Anderson, his wife, dated April 25,
1961, and recorded in the Office of the Recorder of Deeds in and for Cumberland County
in Deed Book "E", Volume 20, page 518.
The land herein conveyed is subject to the provisions of a deed from C. W. Anderson and
wife, to the School District of the Borough of Carlisle, dated August 1, 1947, and duly
recorded in the Office aforesaid in Deed Book "O", Volume 13, page 466, as modified by
an agreement between said School District and the said C. W. Anderson and wife, dated
September 11, 1958, and duly recorded in the Office aforesaid in Miscellaneous Book Vol.
136, page 373 which provisions are incorporated herein by reference thereto; the intent
being that the land herein conveyed may be used for any of the purposes which are
permissible under the regulations applying to R-2 Residential District of the Borough of
Carlisle under the 1958 zoning ordinance of said Borough, and that no subsequent
ordinance, or repeal of said ordinance, shall effect same.
BEING the same premises which Carroll E. Myers and Grace E. Myers, his wife, by their
deed dated July 19, 1963 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book "X", Volume 20, Page 644, granted and
conveyed to Harold Swidler and Norman Swidler, Co-partners, trading and doing business
as SWID BROS. DISCOUNT CENTER.
AND BEING the same premises which Norman Swidler and Harold Swidler by Deed dated
October 4, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 35-I, Page 784 on October 11, 1991, granted and conveyed
to Harold Swidler, as a one-half (%i) tenant-in-common and Alan Swidler and Bradley Swidler as
one-quarter (1/4) tenants-in-common.
TOGETHER with all improvements thereon.
EXHIBIT `G'
Exhibit G
Tax Parcel No: 06-19-1639-016 (portion of )
ALL that certain parcel of land in the Borough of Carlisle, Cumberland County,
Pennsylvania, being part of Lot 8, in Block "IT' of Hamilton Development, as shown on a
plan recorded in the Cumberland County Recorder's Office in Plan Book 12, Page 19, more
particularly bounded and described as follows:
BEGINNING at a point at the southeastern corner of said lot, which point is on the line
between Lot 8 and Lot 9 as shown on said plan and is one hundred sixty-four and sixty-
seven one-hundredths (164.67) feet from Hamilton Street; thence along property of Norman
Swidler and Harold Swidler, south sixty-three (63) degrees, thirty-eight (38 minutes, forty
(40) seconds west, twenty-one and forty-four one-hundredths (21.44) feet to apoint on the
southern line of said lot; thence north twenty-one (21) degrees, one (1) minute, forty-three
(43) seconds west twenty-two and fifty-four one-hundredths (22.54) feet to a point; thence
north sixty-eight (68) degrees, fifty-eight (58) minutes, seventeen (17) seconds east, sixteen
and twenty-five one-hundredths (16.25) feet to a point on the line between Lot 8 and 9 of
said plan; thence along said line and along property of Norman Swidler and Harold Swidler,
south thirty-four (34) degrees, fifty-two (52) minutes, twenty (20) seconds east, twenty-one
and sixteen one-hundredths (21.16) feet, to a point, the place of BEGINNING
CONTAINING approximately four hundred and twelve (412) square feet of the
southeastern portion of said lot.
BEING THE SAME premises which Glenwood M. Bickta and Doris A. Bickta, his wife, by
their deed dated February 21, 1966 and recorded in the Cumberland County Recorders
Office in Deed book "X", Volume 21, Page 938, granted and conveyed unto Norman Swidler
and Harold Swidler,
AND BEING the same premises which Norman Swidler and Harold Swidler by Deed dated
October 4, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 35-I, Page 790 on October 11, 1991, granted and conveyed
to Harold Swidler, as a one-half ('/z) tenant-in-common and Alan Swidler and Bradley Swidler as
one-quarter (1 /4) tenants-in-common.
TOGETHER with all improvements thereon.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
?y}1k?i?r did. ?, 7l tililz r? a
_U-,t,
'.u'=,2 APR 12 Ail 6: LL
Richard W Stewart
Solicitor
OFF
Harold Swidler
vs.
Alan Swidler (et al.)
Case Number
2012-2025
SHERIFF'S RETURN OF SERVICE
03/30/2012 02:25 PM - Jody Smith, Chief Deputy, who being duly sworn according to law, states that on March 30,
2012 at 1425 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Alan Swidler, by making known unto himself personally, at The Cumberland County
Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to him personally the said true and correct copy of the same.
a
JODY S. MITH, DEPUTY
04/02/2012 04:19 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4,
2012 at 1619 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Bradley Swidler, by making known unto Courtney Koivisto, Marketing Assistant for NAI/
CIR Commercial Industrial Realty Company, 1015 Mumma Road, 2nd Floor, Wormleysburg, Cumberland
County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and
correct copy of the same.
SHERIFF COST: $60.45
April 04, 2012
L ? 2?1?
RONALD HOOVER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
=tL?.B-?}??1CE.
?tit2 AUG -3 AM tt? 09
r, uMBERLAND COUNTY
PENNSYLVANIA
HAROLD S WIDLER,
Plaintiff
V.
ALAN SWIDLER and BRADLEY
S WIDLER,
Defendants
PARTITION OF REAL ESTATE
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above referenced matter settled, discontinued and ended with prej
as the parties have resolved their differences.
Date:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
NO: 12-2025
Respectfully submitted,
CUNIR7F,A¢ & CHERNICOFF, P.C.
BrudFJ. Warshawsl? squi
I.D. #58799
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., hereby certify that I served a true and correct copy of the PRAECIPE TO SETTLE,
DISCONTINUE AND END upon the following via first Class Mail, postage prepaid.
Mr. Alan Swidler Mr. Bradley Swidler
Nine West Shore Drive 810 Derby Avenue
Camp Hill, PA 17011 Camp Hill, PA 17011
CUNNINGHAM & CHERNICOFF, P.C.
Date: By.
Julieanne Ametrano
F.\Home\BJW\DOCS\SWIDLER.HAROLDWIan and Bradley SWidlerTRAEDISC. D
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