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HomeMy WebLinkAbout12-5836Roy A. Lindstro~ln,lKimberly J. : IN THE COURT OF COMMOAi PLEAS OF Lindstrom, Terxy L. Arbegast, :CUMBERLAND COUNTY, PENNSYLVANIA Patricia B. t, Jerry L. Miller Rick A. Hoover,', ura C. Hoover, Merle L. Gay~a~, a~oki R. Calaman, B. Chsrl+~ Ca~gn '' Mary Russell, Stanley L. Brehm, berly A. Brehm, Joseph D. Grime#a, )~'aul R. Boyer, . Margatrrt M. Bo~e ,,Richard A. Stephens, Roberta 'Stephens, Lisa H. Lang, g c L. Matthews, Joseph E. Lang. Trevor J. Onukiavage, anc~ ~lliam A. Case, Jr., : N0.2012- ~g 3 ~0 CIVIL TERM Suzette A. Case . Petitioners • -n3 N ~ - ~. r x v Third Pine Floo# Prs, L.P. z o ~ -~ ~ r - Res ondent -~ ~ P _ z ~' ~~ -~ .~- -~ cn N©TI~E You have ~e n sued in court. If you wish to defend against the claims set forth in the following pages, ybu must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defens¢s x objections to the claims set forth against you. You are warned that if you fail to do so the case tna ',proceed without you and a judgment may be entered against you by the court without further ngti ~ for any money claimed in the complaint or for any other claim or relief requested by the pl 'tiff. You may lose money or property or other rights important to you. YOU SHE $.D TAgE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAV>E~ ~.AWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SIE 'FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 'I ~I, Cumberland Coun Bar Association !, 32 South Bedford Street ~'~, Carlisle, PA 17013 717-249-3166 ~ s 103.? 5~- ~' ~~„ ~ 31.,~'a~, ~, ~.~g o9 3~ Roy A. Lindstrom, Wimberly J. : IN THE COURT OF COMMON PLEAS OF Lindstrom, Terry L. Arbegast, :CUMBERLAND COUNTY, PENAT3YLVANIA Patricia S. Arhe~a~t, Jerry L. Miller Rick A. Hoover, t~ra C. Hoover, Merle L. ; arflld R. Calaman, B. Charles C ,Mary Russell, Stanley L. Brehr~i, berly A. Brehm, Joseph D. Crim~s, Faul R. Boyer, Margatret M. Bo~e , Riaehard A. Stephens, Roberlta .Stephens, Lisa H. Lang, Ric Ord L. Matthews, Joseph E. Lang sjn, Trevor J. Onukiavage, aa~l ' m A. Case, Jr., Suzette A. Case Petitioners v. Third Pine Floo# P~mers, L.P. Respondent N0.2012- S8 3 W crvlL TERM NOW CC`14~E the below named petitioners, by and through their attorney, Nathan C. Wolf, Esquire, and present tine instant petition for vacating and awarding real estate, averring as follows: 1. Petitioners are all sui juris individuals who reside in Cumberland County, Pennsylvania. 2. Respondeint ~s a Pennsylvania. Registered Limited Partnership with a registered address of 3833 Pamayrive, Mechanicsburg, PA 17050. 3. Petitioners d Respondent are all record owners of land situate in North Middleton Township„ C Berland County, Pennsylvania more particularly described on a subdivision plan entitled `Westminster Manor" as recorded in Cumberland County Plan Book No. 3 Page 67, a'co~y of which is attached hereto incorporated herein by reference and designated Exhibit "A~". 4. 'I"he tract of land described in the aforesaid subdivision plan contains an unopened sixteen (16) foot wide private alley along the southern boundary of said tract, a sixteen (16) foot wide alley bettween lots 10 and 11, a sixteen (16) foot wide alley between lots 20 and 21, and a sixteen (i16~ foot wide alley between lots 30 and 31. 5. The Townsh~p of North Middleton has never accepted the aforesaid sixteen (16) foot wide alleys and wild alleys have not been opened since laid out on the plan of "Westminster Manor". 6. The alleys'hawe remained unopened and unused for more than fifty years. 7. The Petiti~n~ts and Respondent are the present owners of lots shown on the plan which adjoin said alleys. 8. The Petitibn~rs wish to waive, release, terminate and discharge all rights of the adjoining lot owners in the unopened sixteen (16) foot wide alleys as shown on the plan of "Westminster Manor". Consents to this action are attached hereto, and incorporated by reference and marked Exhi~t "B". 9. The Petitign~rs wish to extend their lots to include the portions of the unopened alleys adjacent tl~er~to. 10. The Respgnc~ent will also benefit from this order by the extension of their lots as well. 11. The Petitidn~~s have no knowledge that anyone opposes this request on the merits. WHEREFORE, '',P~titioners pray this Honorable Court issue a Rule to Show Cause to Respondent as to why it should. npt vacate the aforesaid alleys as set forth on the plan of "Westminster Manor" as recorded in Cumberland County Plan Book 3 Page 67 and grant unto the adjoining landowners that land adjoining their lots, more specifically for those landowners with a sixteen (16) foot alley to the rear, their lots ~h~,l extend sixteen (16) feet to the rear of the aforesaid plan; for those lot owners with alleys'', al~fig their east and west sides, their lots shall extend eight (8) feet to the center of the unopened ahe~, all of which to be recorded and indexed at the Recorder of Deeds office in Cumberland Couotyj, Pennsylvania in the Miscellaneous Docket along with any additional relief the Court deems app~ol}riate and just. WOLF & ~~ Attorneys at Law Dated: Septemb~r~, 2012 By: Nat~u~o~ Esquire 10 We sgh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Petitioners I, Rick A. H{~over, herebp verify that I am a petitioner in this action and the facts set forth in the iFe~dtioa are true and wrrect to the best of my information, hnawlodge and belief. I undue i!~ statements herean are made subject to the peaahies of 18 Pa. C.S. §4904 relating to imsw~m fahification to authorities. -ZI~IC'Q ~> Rick A. I-Ioovec :c w i . CONSENT TO WAIVING PRIVATE RIGHTS TO UNOPENED-ALLEYS WHEREAaS~ William J. Fetter was at one time the owner of a tract of land in North Middleton To' ship, Cumberland County, Pennsylvania, which he subdivided into various lots, streets and alleys all as more particularly shown on a subdivision plan entitled "Westminster Manor" as recpr~ied in Cumberland County Plan Book No. 3, Page 67; and WHEREI~S~ said tract includes an unopened sixteen (16) foot wide private alley along the southern boutid~ry of said tract, a sixteen (16) foot wide alley between lots 10 and 11, a sixteen (16) foot wide al~ey between lots 20 and 21, and a sixteen (16) foot wide alley between lots 30 and 31; and WHEREI~S~ the Township of North Middleton has never accepted said sixteen (16) foot wide alleys and s~id alleys have not been opened since laid out on the plan of "Westminster Manor"; and ~, .. WHEREI~S~ said alleys have remained unopened and unused for more than fifty years and the present ovlm~ss of lots shown on said plan which adjoin said alleys desire the freedom to change, revise' os} abandon any part or all of said alleys; NOW, ThIEREFORE, it is hereby agreed by and between all of the owners of lots shown on the plan of "~Uestminster Manor" recorded in Plan Book No. 3, Page 67, intending to be legally bound hereby, as follows: 1. We waiv~, release, terminate, and discharge all rights which we may have in the unopepne~l sixteen (16) foot wide alleys as shown on the plan of "Westminster Manor" recorded as hereinbefore set forth. 2. We agjre~ to extend our own lots to include the sixteen (16) foot wide portion of the unope~e~l private alley that is directly to the rear of our property, and for those propetti~s with alleys along their east and west sides, we agree to let the adjacent propen~ty owners extend their lots to include eight (8) feet of the unopened private alley at the sic~~s of their property. E~h~b~~ ~ IN WI'IIVESS WH~REOF, the parties have caused this a~+eement to be duly egecueed this f ~ day of S't~-~- ~ 2012. J {r~ Muy Russell - `~ c Paul R. Boyer 4~..~'U ~,~ .Boyer Richard A. errs ~~ .S Raberl~ A. s ~~- 4 .r 6 L. r Trevor. C?t~ukiavage ~~~ BY: l Stanley L. Br .Brehm y L. Miller ICe~Jl ~. 9~:~~ Rick A. Hoovex Laura C. Hoover !~~~~_ ~ Merle L. Gagman THIRD PINE FLOOR PARTNERS, L.P. jack Shepley Petitioners Third Pine Floot P~rtners, L.P. ~, Respondent IN THE COURT OF COMMtIAI FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012- CIViL TERM I, Nathan E. olf, Esquire, attorney for Petitioners, hereby depose and say that on September 20, 2012, I' caused a true and correct copy of the Petition to Vacate and Award Real Estate in the above- eferenced case upon the following parry by postage pre-paid certified mail, return receipt reques ~d, addressed as follows: Third Pine oor Partners, L.P. 3833 Pam~v rive PA 17050 Roy A. Lie~dstrom, Kimberly J. Lmdstmm, Terry L. Arbegast, Patricia B. Atbet t, Jerry L. Miller Rick A. Hoover, ura C. Hoover, Meek L. Gaymati, amld R. Calaman, B. Charles Calam 'Mary Russell, Stanley L. Brehm, berly A. Brehm, Joseph D. Crmels, l#aul R. Boyer, Margaret M. Bogie ,'Rcha:+d A. Stephens, Roberta 'Stephens, Lisa H. Lang, Ric L. Matthews, Joseph E. Laugh ' Trevor J. Onukiavage, and flliam A. Case, Jr., Suzette A. Case Dated: 2012 Nau~ Wolf; Esquire Co for Petitioners Jillian M. Golden, Esquire Attorney LD. No. 206510 Angela McGowan, Esquire Attorney LD. No. 206890 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA l 7108- l 14Ei (7]7)233-5731 Attorneys for Respondent/Counterclaimant Roy A. Lindstrom, Kimberly J. Lindstrom, Terry L. Arbegast, Patricia K. Arbegast, Jerry L. Miller, Rick A. Hoover, Laura C. Hoover, Merle L. Cayman, Harold R. Calaman, B. Charles Calaman, Mary Russell, Stanley L. Brehm, Kimberly A. Brehm, Joseph D. Grimes, Paul R. Boyer, Margaret M. Boyer, Richard A. Stephens, Roberta A. Stephens, Lisa H. Lang, Richard L. Matthews, Joseph E. Laughman, 'Trevor J. Onukiavage, William A. Case, Jr., and Suzette A. Case Petitioners, v. 'Third Pine Floors Partners, L.P. Respondent. TO: Roy A. Lindstrom, et al c/o Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 1'013 r ,. i ,,. ,. IN THE COURT OF COMMON PLEAS c:)F CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - NO. 2012-5836 NOTICE TO PLEAD ~'Ot 1 ARE I-IEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE I;NTERE;D AGAINST YOU. R64549? Respectfully submitted, OARS & SINC)N LLP~I~~~~ By: ~' C~u~`--' Ji an M. Golden gela McGowan One `,3outh Market Square P. O. Box 1146 Harrisburg, PA 171.08-1146 (717} 233-5731 Attorneys for Respondent/Counterclaimant -2- Roy A. Lindstrom, Kimberly J. Lindstrom, Terry L. Arbegast, Patricia K. Arbegast, Jerry L. Miller, Rick A. Hoover, Laura C. Hoover, Merle L. Gayman, Harold R Calaman, B. Charles Calaman, Mary Russell, Stanley L. Brehm, Kimberly A. Brehm, Joseph D. Grimes, Paul R. Boyer, Margaret M. Boyer, Richard A. Stephens, Roberta A. Stephens, Lisa 1I. Lang, Richard L. Matthews, Joseph E. Laughman, Trevor J. Onukiavage, William A. Case, Jr., and Suzette A. Case Petitioners, v. Third Pine Floors Partners, L.P. Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -NO. 2012-5836 ANSWER WITH NEW MATTER AND COUNTERCLAIM TO RULE TO SHOW CAUSE WHY PETITION TO VACATE AND AWARD REAL ESTATE SHOULD NOT BE GRANTED NOW COMES, Respondent, Third Pine Floor Partners, LP ("Respondent" or "Third Pine Floor''}, by and through its counsel, Rhoads & Sinon LLP, and files the within Answer with New Matter and Counterclaim to the Rule to Show Cause Why Petition to Vacate and Award Real Estate Should Not Be Granted, and in support thereof, avers the following: The averment in Paragraph 1 is admitted in part and denied in part. It is admitted that all named Petitioners reside in Cumberland County, Pennsylvania. Respondent is without sufficient knowledge or information to admit or deny if all named Petitioners are sari ja+r~is and on that basis denies the same. Proof, if relevant, is demanded at the time of trial. 2. The averment in Paragraph 2 is admitted. 3. It is admitted that Petitioners and Respondent are all record owners of that certain land situate in North Middleton Tov~mship, Cumberland County, Pennsylvania, such land being shown on that certain Plan as recorded in Cumberland County Plan Book No. 3, page 67, entitled "Westminster Manor" (hereinafter "the Plan" or "the Front Lots"), which is a v~~ritten document that speaks for itself. More particularly, Respondent is the owner o:F the following properties which are comprised of some of the lots identified on the Plan: 1182 Newville~ Road, Tax LD. No. 29-20-1790-012; 1.186 Newville Road, Tax LD. No. 29-20-1790-013; 1194 Nee~wille Road, Tax LD. No. 29-20-1790-017; 1196 Newville Road, Tax LD. No. 29-20-1790-018; 'Cax LD. No. 29-20-1.790-004; and 1198 Newville Road, which has been consolidated with 1200 RR Newville Road, as described below. By way of furRher answer, Respondent is also the fee owner of real property situate in North Middleton Township, Cumberland County, Pennsylvania identified as 9R Newville Road, Tax LD. No. 29-20-1790-004A and 1200 RR Newville Road, Tax LD. No. 29-20-1790-003 (hereinafter "the Back Lots"), which properties consist of 12.16 acres and 3.56 acres, respectively, totaling 15.72 acres and abut that sixteen (16) foot wide private alley identified along the southern boundary of the Plan. Respondent's Deeds to the Back Lots, are attached hereto as Exhibit "A'" and incorporated herein by reference. Respondent recently tiled that certain Deed of Consolidation consolidating 1198 Nevvville Road, formerly Tax L.T_). No. 29-20- 1790-003 and 1200 RR Newville Road, formerly Tax LD. No. 29-20-1790-016A. '1 he property is now known as 1200 RR Newville Road, Tax LD. No. 29-20-1790-003. 1'he Deed of Consolidation is attached hereto as Exhibit ``B" and incorporated herein by reference. 4 4. The averment in Paragraph 4 specifically refers to the- Plan, which is ~~ written document that speaks for itself and no further response is required. To the extent a response is required, the averment in Paragraph 4 is admitted. 5. The averment in Paragraph 5 is admitted on information and belief. F. The averment in Paragraph 6 is admitted on information. and belief. 7. The averment in Paragraph 7 is admitted with clarification. Petitioners and Respondent are the present owners of lots shown on the Plan. The (]l 6) foot wide private alley identified along the southern boundary of the Plan serves as the boundary line fo~• each of Respondent's properties as shown on the Plan. Copies of the Deeds for Responden 's properties identified on the Plan are attached hereto as Exhibit "C" and incorporated by reference. The (16) foot wide private alley identified along the southern boundary of the Plan also serves as the boundary line for the Back Lots owned by Respondent as more fully described in Paragraph 3 herein. 8. The averment in Paragraph 8 constitutes a conclusion of law to which no response is required. To the extent a response is required, it is specifically denied that Petitioners are entitled to the requested relief. The (16) foot wide private alleys identified on the Plan were never accepted for pubic use and, pursuant to Pennsylvania law, have become private rights of way for the Petitioners and Respondents, whose lots abut the (16) foot wide private alleys identified on the Plan. The only relief Petitioners are entitled to is a declaration that the {l6) foot wide private alleys identified on the Plan are private rights of way and as an owner of a property abutting such private rights of way, they are the fee owners of the (l6) foot wide private alleys identified on the Plata from their respective property line to the center line of such alleys and 5 Respondent, as the other abutting landowner, is the fee owner of the (16) foot wide private alleys identified on the Plan from its property lines to the center line such alleys. 9. The averment in Paragraph 9 constitutes a conclusion oif~ law to which no response is required. 'To the extent a response is required, it is specifically denied that Petitioners are entitled to the requested relief. Respondent incorporates its response to Paragraph 8 as if set forth in full herein. 10. 'The averment in Paragraph 10 is specifically denied as stated. Respondent, as the fee owner of the property abutting the sixteen (16) foot wide private alley identified along the southern boundary of the Plan, as more fully described in Paragraph .S herein, is entitled to have the right of use of the sixteen (16) foot wide private alley identified along the southern boundary of the Plan, and, as an abutting property owner, owns from its property lines to the center line of the sixteen t 16) foot wide private alley identified along the southern boundary of the Plan as a matter of Pennsylvania law and Respondent will be directly and substantially harmed if the entire sixteen (l 6) foot wide private alley identified along the southern boundary of the Plan is awarded to Petitioners. Il. The averment in Paragraph 11 is specifically denied. Respondent opposes Petitioners request for relief on the merits for the reasons stated in paragraph i through 10 herein. WHEREFORE, Respondent, Third Pine Floor Partners, LP, respectfully requests that this Court enter a judgment in its favor and against Petitioners, together with interest, costs and attorney's fees as allowed by law. 6 NEW MATTER I . Respondent incorporates the above paragraphs by reference as if set forth in full herein. 2. Petitioners fail to state a claim upon which relief can be granted. 3. Petitioners' claim is or may be barred by operation of th.e doctrine of e°stoppel. 4. Petitioners' claim is or may be barred by operation of the doctrine of acquiescence. 5. Petitioners claim is or may be barred by operation of the doctrine of lathes. 6. Petitioners' claim is or may be barred by operation of the doctrine of waiver. 7. Petitioners' claim is or may be barred by the Statute of Limitations. 8. Petitioners' claim is or may be barred by the parol evidence rule. 9. Petitioners' claim is or may be barred by the statute of frauds. 10. Petitioners' claim is or may be barred by the doctrine ofixnclean hands. 11. Petitioners are not entitled to the requested relief umder the common law of Pennsylvania relating to interests in real property from a common grantor. 12. Petitioners' claim is or may be barred by the doctrines of res judicata and/or collateral estoppel. 13. Respondent reserves the right to raise additional affirmative defenses and to supplement those asserted herein upon discovery and further investigation regarding the causes COUNTERCLAIM FOR DECLARATORY JUDGMENT 14. Respondent incorporates the above stated Answer and New Matter by reference as if set forth in full herein. 7 INTRODUCTION 15. Respondent files the within Counterclaim. for Declaratory Judgment. in order to obtain a declaration from the Court that pursuant to Rahn v. Hess, 378 Pa. 264, 106 A..2d 461 (1954) and Murphy v. Martini, 2005 Pa. Super. 312, 884 A.2d 262 (2005), the sixteen (16) foot wide private alley identified along the southern boundary of the Plan, which Plan is incorporated by reference as if set forth in full herein, is a private right of way for the use and benefit of all property owners abutting such private 16' wide alley and that Respondent as ~cn owner of properties abutting the 16' wide alley is entitled to the use and benefit of such alley and is the fee owner Isom its property lines to the center line of the lEi' wide alley located along the southern boundary of the Plan, and that Petitioners as abutting landowners t:o the 16' wide alley are entitled to the use and benefit of such alley and are the fete owners from their respective property lines to the center line of the 16' wide alley. PARTIES 16. Petitioners are the fee owners of property situate in North Middleton "['ownship, Cumberland County, Pennsylvania as more fully descrllbed on the Plan, which is incorporated herein by reference. 17. Respondent, Third Pine Floor Partners, LP, is a Penny>ylvania limited partnership having a principle place of business of 3833 Pamay Drive, Mechanicsburg, Pennsylvania. Respondent is the fee owner of real property identified as 9R Newviille Road, Tax LD. No. 29- 20-1790-004A and 1200 RR Newville Road, Tax LD. No. 29-20-1790-003, which properties consist of 12.16 acres and 3.56 acres, respectively, totaling 15.72 acres and abut that 16' wide private alley identified along the southern boundary of the Plan. Respondent is likewise the owner of several properties identified on the Plan, namely, 1182 Newville Road, Tax LD. No. 8 29-20-1790-012; 1.186 Newville Road, Tax I.D. No. 29-2.0-1790-013; 1194 Newville Road, Tax LD. No. 29-20-1790-017; 1196 Newville Road, Tax LD. No. 29-20-1'190-018; Tax '[.D. No. 29- 20-1790-004; and 1198 Newville Road, which has been consolidated with 1200 RR Newville Road. JURISDICTION AND VENUE t8. Pursuant to Pennsylvania's Declaratory Judgments Act, 42 Pa. C.S.A. §§7531- 7551, courts have the power to "declare rights, status, and other legal relations." Judgments may be either affirmative or negative in effect and "such declaration shall have the force and effect of a final judgment or decree." See 42 Pa. C.S.A. §7532. 19. The real property at issue in this proceeding as more fully described in the Plan and the Deeds attached hereto as Exhibits A, B and C is situate in North Middleton Township, Cumberland County, Pennsylvania, and therefore, venue properly lies in the within County. COUNT [ 20. The above Paragraphs are incorporated herein by reference as if set forth in full herein. 21. On or <~bout July 6, 2007, Respondent acquired title to the Back Lots, which abut that 16' wide private alley identified along the southern boundary of the Phn. See Exhibit A. 22 The original owners of the Back Lots were William J. and Fannie Fet er. 23. Beginning in July 2007 through August 2012, Respondent also acquired title to 1182, l 186. 1194 and 1196 Newville Road, 1198 Newville Road, which has been consolidated with 1200 RR Newville Road, and that certain parcel identified by Tax LD. No. 29-20-1.790-003, which properties are identified on the Plan and likewise abut that 16' wide private alley identified along the southern boundary of the Plan. 9 24. The properties identified on the Plan were originally owned by William J. and Fannie Fetter, who established the Westminster Manor subdivision. 25. The properties identified on the Plan and the Back Lots share a common grantor, namely, William J. and Fannie Fetter, and a commonality of title, that being that certain Deed dated June 4. 1943 and recorded from William J. and Fannie Fetter to Thomas A. and M. Viola Shearer. Such Deed is attached hereto as Exhibit "D" and. incorporatedi herein by reference 26. The Alley serves as the boundary line for each of the Respondent's properties identified on the Plan. See Exhibit C, 27. The Alley also serves as the boundary line for the Back Lots, and is specifically referenced not only in the Respondent's deed for the Back Lots, but throughout the chain of title for the Back Lots. See Exhibit A. 28. North luliddleton Township has never accepted the 16' wide alley identified along the southern boundary of the Plan for public use. 29. Under l?ennsylvania law, a road becomes public when it is dedicated. to public use and accepted by the municipality. Leinin~er v. Trapizona, 645 A.2d 437, 440 n.l (Pa. Cmwlth. 1994) (citing 36 P.S. ~~ 1961); Murphy v. Martini, 884 A.2d 262, 265 (Pa. Super 2005}. 30. The act of incorporating a street or alley into a plan, either Lulrecorded or recorded, constitutes an offer to dedicate the street/alley for public use. Ott v. ReaQer, 459 A.2d 1272, 1275 (Pa. Super. 1983). 31 The municipality has 21 years from the time of dedication to accept the alley for public use, and after that time, use of the alley becomes a private right of the individual property owners whose lots require or permit use of the alley. See Riek v. Binni, 507 A.2d X65, 867 (Pa. Super. 1986). 10 32. Where a street has been dedicated to public; use, and the public does not accept the dedication, if the side of the street is a boundary in the deed for abutting land, the owners of the abutting land take title to the center line of the street. Rahn, 106 A2d at 464; Mur~hv, 884 A.2d at 265. 33. Pursuant to the foregoing authority, Respondent seeks a declaratior- that the 16' wide alley is a private right of way and that, Respondent and Petitioners, as abutting property owners to that 16' wide alley identified along the southern boundary of the Plan, which alley was not accepted for public use by North Middleton Township, own to the center line of the alley, to wit, Respondent is the fee owner of 8' of that private 16' alley located along the southern boundary of the Plan and Petitioners are the owners of the remaining 8' in fee. 34. There exists a real and actual controversy between Petitioners and Respondent as to their respective ownership interests in that 16' wide private alley identified along the southern boundarv of the Plan. 35. The interests of the parties will be best served if this Court enters a Declaratory Judgment setting forth the rights of the parties with respect to this dispute. 36 The relief sought by Respondent will be of practical help in resolving this dispute. 37. A Declaratory Judgment is particularly appropriate for issues of interpretation of writings such as are at issue here, including a declaration of the parties' rights thereunder. 42 Pa.C.S.A. X7533. 38. Without a declaration of this Court regarding Respondent's ownership interest in that 16' wide private alley, Respondent will be harmed as its property rights under Pennsylvania law will be impaired to the benefit of Petitioners. 11 WHERF,FORE, Respondent, Third Pine Floor Partners, LP, respectfully requests that this Court enter a Declaratory Judgment as follows: (a) declare that tlhe 16' alley located along the southern boundary of the Plan is a private right of way for the benefit of Petitioners and Respondents, whose properties abut such 16' wide alley, (b) that Respondent is the lee owner of 8' of that private ] 6' alley located along the southern boundary of they Plan, and also, fee owner of 8' of all other alleys on the Plan which abut Respondent's properties, (c) declare that Petitioners are the owners in fee of the remaining 8' of that private ]l6' alley located along the southern boundary of the Plan, and also, fee owners of 8' of all other alleys identified on the Plan; and (d) grant such other relief as this Court deems appropriate under the circwnstances. Respectfully Submitted, BROADS & SINON LLP C- By: ~ ~~~-- Jil n M. Golden A gela McGowan One South Market Square P. O. Box 1146 Harrisburg, PA 1'7108-1146 (717)233-5731 12 VERIFICATION I, ~~c.~C., S ffi~~.P~.~-~ _ depose and say, subject to the penalties of 1 ~ Pa.C. S.A. § 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Answer, blew Matter and Counterclaim for Declaratory .ludgment are true and correct to the best of my knowledge, information and belief. =~\ <~ Date: 1~ ~2Z-. C_ _ ~ ---._ ~ t, f ~` ~ !' 13 ALG-14-a3 ?~.z. FRoM-CO~i~UN1TYAsETTLE~tENT (,~ c; Tax Parcel ldeutification Nos: Parcel 1 - 29-20-1790-004 Parcel 2 - 29-20-1790-004A Pazce] 3 - 29-?0-! 790-016A Pacce] 4 -- 29-20-1790-013 +7172348199 T-~3 ' I)~/I79 F-G16 ~g~A3 P. ZI~GI-Ei~ r;~CGRDER OF DEEDa ~, t~,"~a~13F:R1lif+ID C4liN;Y - r SPECYA'1. VVJ~ DEEb THIS DEED, made the 6`" day of July, 2007, BETWEEN 1200 Newville Limited, a Pennsylvania limited pat'Cnetship, with principal offices at 4910 Simpson Ferry Road, Mechanicsburg, PA, 17054, Grantor, Third Pine Floor Partners, L.P,, a Petutsylvania limited parmesshipy ~Lh principal offices at 3633 Pamay Drive, Merhaniesburg, PA 17050, Gr~.ntee. V~ITNESSETH, That in consideration of Five Hundred Seventy-Seven Thousand, Five Hundred Dollars (SS'77,500.00), in hand paid, the receipt whereof is hereby aclrnowledged, the said Grantor does hereby grant z-nd convey unto the said Grantsc, its successors and assigns, ALL THOSE CERTAIN FpUR PARCELS of land situate in North ;Middleton Township, Cumberland County, Pennsylvania, bounded and described, a;; follo~~+s: $ARCEL NO. 1; Being part of Lok ! 6 and part of Lot 17 on the Plan of Lots entitled "Westminster Manoz", said plan b+`ing recorded in P]an Book 3 at Page b7 among the land records of Cumberland County. BEGINNING at the most northerly point of said parcel at an existing'/~ inch smooth bar on the southerly right-af--way line of the Newville Road (PA Route 641) being 25_D feet south at right angles from the centerline of the Newville Road; thence by said southerly right-of- way line South 86 degrees 20 minutes 1 S seconds East, 60.00 feet to an existing'/. inch pipe on the westerly line of others; thence by ]and of others South 03 degrees 47 minutes ] 0 seconds West, 182.28 faet to an existing 5/8 inch rebar on the northerly tine of a lb foot wide alley; thence along said alley North 86 degrees 09 minutes 00 seconds West 59.99 feel to an existing'/,. inch smooth bar on the easterly line of others; thence by land of others North 03 degees 46 minutes 55 seconds East, 182_p8 feet to the point ofbeginning. CQNTAINLNG ().250 of an acre, more or less. Parcel No, ]herein described and conveyed may also be described as the eastern fifteen (t 5) feet of l.ot No. 17 and the western forty-five (45) feet of Lot No. 16 of the Plan of Lots Deed from 1200 Nevrvtllc Llntltetl to Third Pate Floor ParvrcrY, L.IP. July 6, 2007 P¢gc I nfe DvDT ,w8~ F~~~rrEa~j~c'~ '/13/2008 1 x:02:28 q^~4 CUMBERI-AND COUNTI' Inst.~f 2D0724094 - Pago 9 0; 6 AUG-i4-95 ir!23 FRoM-COMMUNITYASETTLEMENT X7'72349198 __ -~;,- -__ entitled "Westminster Manor", which plan is of record in the Office of'the Recorder c f Deeds in and for Cumberland County, Pennsylvania in Plan Book 3, Page 67. The point of begjnning for said Parcel No. 1 may also be described (as in prior conr+eyance~} as being a distance of fifteen X15) feet, measured North 86 degrees 20 minutes 15 seconds west, slang the southern right of way line of the Newrville Road, from the dividing line betlvten L.o~s Nos. 16 and 17 of the aforesaid Plan of Lots of Westminster Manor. ]FARCE)(. NO. Z; BEGINNING at the most northerly point of said parzel at an existing 'l~ inch pipe on the southerly line of a 16 foot wide alley (said alley being shown on the Plan of Lots entitled "Westminster Manor" and rexorded in Cumberland County Plan Bookk 3 at Page 67) at lands now or formerly of Larry Adams; thetxce by said southerly Line of the 15 foot ~~ide alley South S? degrees OS minutes 40 seconds East, 487.15 feet to an existing'/. inch pipe on the southerly lute of said alley; thence continuung by same, South 86 degees 13 minutes 00 seconds East, 1301.64 feet to an existing''/z inch pipe at lands now or formerly of Cloyd C. My~; thence by said Cloyd C. Myers South 03 degrees 1.8 minutes 00 seconds West, 215.0{1 feet to an existing'/~ inch rebar, a comer for Cloyd C. Myers, the Pennsylvania Power. and Light Company, and Penn Central Properties, Inc.; thence by said Penn Certrral Properties, Inc., South 84 degrees 26 minutes 10 seconds West, 415.91 feet to an existing railroad monument; thence continuing by same North 88 degees 39 minutes 00 secoxtds West, 753.78 feet to an existing 5/8 inch smooth bar; thence by the same, North 88 degrees 25 minutes OS seconds West, 627.26 feet to an existing 1 inch pipe at lands, now or formerly, of Lamy Adams; thgrtce by said Larry Adams, North 03 degrees 44 minutes 2C seconds East, 331.19 feet to the paint of beginning. CONTAINING 12.159 Acres, mire or less. THE ABOVE DESCRIPTIONS were taken from a plate of survey prepared by Robert A. 5hatralt, F.L.S., dated October 6`h, 19$7, having Drawing No. E-79, artd P'i1e No. 873,2, PARCEL NO. 1 AND PARCEL NO.2 A1ZE CONVEYED UNDER AND SUBJECT TO easements, rights-of--way, covenants, conditions, restrictions, reservations, agreements and similar encumbrances of record or visible on said premises or discoverable from a cwrent and accurate survey of said premises, including, without limitation, the reservations aril conditions stated in the deed recorded in Cumberland County Deed Book C, Volume 33, Page 958. PARCEI. NO. 1 AND FARCEL N0.2 $EING the same premises which Lo~-Temp Corporation, a Pennsylvania corporation, by their Deed dated December 30, 2005 and recorded on Januazy 3, 2006, in the Office of Recorder of Deeds in and for the County of Ctumberland in Deed Book 272, Page 2915, granted artd conveyed unto 1204 Newville Limited, Grantor herein. Deed from 1200 Newvillc Limitiad to 7'hiN Pine Floor Prifim, LP. July V, 2007 Pp&e 2 of 6 eooK 280 P~c~46~8 3/2t)O8 11:02:28 AM CUMBERLAND COUNTY Inst,# 200724094 -Page 2 of fi AUG-14-~a ir;24 FROM-CO1~~IUNITYASETTLEHIENT x•7172349199 T-oas ~ or/~s F-x16 Also heroin conveyed is all of the estate, right, title and interes[ of Grantor of, in and to the land lying within the lines of arty and all adjoining streets, avenues, wads, lanes, highways or alleys, to the center lines thereof, but to the extent only, however, that such land immediately abuts the hereinbefore described premises. PARCEI. N0.3:. BEGINNING at an iron pipe and a comer of a sixteen (16} foot alley; thence along lands now or formerly of Thomas A. Shearer and M. Viola Shearer, hie wife, South three (3) degees forty-five (45) minutes West, a distance of three hundred thirty-one and forty-two hundredths (331.42) feet to art iron pipe and, corner of lands now or formerly of Thomas A. Shearer and M. Viola Shearer, his wife, and the Pennsylvania Railroad Company; thence along land of Pennsylvania Railroad Company North eighty eight (88) degrees twenty-six (26) minutes West, a distance of fowr hundred fifty--five and sixty nine hundredths (4.55.69} feet to a rail monument and corner of land now or formerly of M, R. Lippert; thence along land now or formerly of M. R. Lippert North two (2} degrees twenty-four (24) minutes East, a distance of threc hundred forty-two and forty-three hundredths (342.43) feet to an 'von pipe and point on the Southetrt boundary of a sixteen (16} foot alley; thence along the Southern side of a sixteen (16) foot alley South eighty- seven (87) degrees five (S) minutes East, a distance of four huttdted sixty-three and seventy hundredths (463.70) feet to an iron pipe and place of BEGINNING. BEING improved. with a 40 foot by 60 foot metal building. SAID description is in accordance with Survey of D. F'. Raffensperger, Registered Surveyor, dated. January 24, 1966. SUBJECT to building and use restrictions of record. P~-RCEL Nq. 3 BEING THE SAME PREMISES which Larry G'.. Adams and Trudy L. Adams, husband and wife, by their deed dated January 27, 2006, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 273, Page 83, granted and conveyed unto 1200 Newville Limited, Grantor hereiQ, PARCEL NO.4:; All those certain two (2) tracts of land described as fol]ows; TRACT NO. 1: BBGIIVNING at a point in the Southeat side of Pennsylvania State Highway Route No. 641, leading from Carlisle to Newville, which poin[ is a corner of lot naw or formerly of John Allen Zeigler and Marian Olivia Zeigler, husband and wife, a distance of 182 feet to a point in the Northern side of az- alley 16 f®et in width; thence Westwardly along the Northern side of said alley, a distance of 7S feet to a point; thence Northwardly by a line at right angles with the Southern side of said State highway, a distance of 182 feet to a point in the Southern side of said State Hi~way; thence Eastwardly along the Southern side of said Stag Highway, a distance of 75 feet to a point, the place of BEGINNING I1eed from IZ00 Ncwville LimhoO to'rhlld Pinc Floor Partr~efs, L.P. July 6, 2007 Yaffe 3 q!6 ~oox 28Q Pac~q~6;~7 3/2005 11:02:28 AM CUMBERLAND COUNTI' I~lb[.# 200724094 - Pdge 3 of 6 AUC-t4-aa 1~~Za FROM-CO~1l~UNITYAsETTLE~IEN" ~~717234a1se 1-0~? ~~ ~~/os F-o1s THE AFQRESAID described lot of ground is composed of the Western 30 feet to Lot No. 27 and the Eastern 45 feet of Lot No. 28 on that certain Plan of Lots Isid out and. adopted by Thomas A. Shearer, and known as "Westminster Manor,''` said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 3, Page 67. SUBJECT HOWEVER, to the said Plan of Lots and building restrictions set forth in the Deed of William Fetter and Fatuue Fetter, husband and waft, to Thomas A- Shearer and M. Viola Shearer, said Deed bearing d2te June 4, 193 and entered of record in the Qfyice aforesaid, in Deed Book "Q," Volume 12, Page 354. TRACT N0.2: BEGINNING at a point in the Southern side of the public road leading from Carlisle to Newville (Pennsylvania State Highway Route No_ 64I) which point is also a corner of other land noun or formerly of Bruce Harold McCoy and Deana Elizabeth McCoy, husband and wife, thence in a Southwardly direction along said ether land ntyw or formerly of Sruee Harold McCoy and Leann Elizabeth McCoy, husband and wife, a distance of 182 feet to a point in the Northern side of an alley 15 feet in width; thence in Westwardly direction along the Northern side of said alley, a distance of 25 felt to a point; thence along land now or formerly of John Ceti] Miller and Althea R. Niillea', husband and wife, in a Northwardly direction, a distance of 182 feet to a point in the Southern side of said public road; thence in an Eastwardly direction along the Southern side of said public road, a distance of 25 feet to a point, the place of BEGINNING. BEING the Western 10 feet of Lot No. 28 and the Eastern 15 feot of Lot No. 29, on that certain plan of Lots laid out and adopted by Thomas A. Shearer, and laiowzt as "Westminster 11Kanor," said Plan being recorded in the Office aforesaid, in Plan Book 3, Page 67. SUBJECT' HOWEVER, to the said Plan of Lots and building restrictions set. forth in the Deed of William Fetter and Fannie Fetter, husband and wife, to 'T'homas A_ Shearer and M_ Viola Shearer, said Deed bearing date June 4, 1943 and recorded in the Office aforesaid, in Deed Book "`Q," Volume 12, Page 354. PARCEL NO. 4 BEING TIDE SAME PREMISES which William $. Ortmyer and Jennifer E. Omnyer, husband and wife, by their deed dated January 16, 2007, and recorded in the Office of the Recorder of ISeeds in and for Cumberland County, Peru-sy]vania, in Deed Book 278, Page 2392, granted and conveyed unto 1200 Newville Limited, G.Yarttor herein. AND the said Grantor will, subject as afot~esaid, SPECIALLY WARkANT' AND FOREV'$R DEFEND the property hereby conveyed. [)ccd fmm 12Dq Newvi~le Limirai l0 Third Plne Floor Ptrenes, LP. Julr 4 7007 Page 4 of 6 eoox X80 ~acFq~~.B 13/2008 11 :02:2$ AM GllM6ERLANp GOUNT'Y inst.lk 2~g724p94 • Page a of ~ AUG-'4-09 't.2~ RROM-COM~+L'NITY~SETTLEMENT •~ "-~~~'"" -.. "-_ . .. ' 1N WITNESS WHERPOF, said Grantor has hereunto set its Stand and se31 by its auihonaed general partner. thc: day and year first aboveMwritteri. Sea]ed and delivered ' 1200 Ntvwille Limited e of ~~yy Y~ _+ 7'R.A(' Properties, Inc., its gtnr.eral partner >3y: Michael P. Kermedy President TRAC Properties, inc. Cectifkste of Address I hereby certify that the precise address of the CYrantee herein is as follows: 3$33 pamay Drive, Mechanicsburg, PA 17050 Tho ehiILa, Esr{taire Attorney for Crtarttoe DocC from 12D0 Nc~Wlue Limued w'Ilrird P1ne Floor Partners, i.,P, ]u1y 6, 2QU7 Paga 5 of 6 eoox 28(~ Pac~g6i9 9i~3/zoos i1:oz~ze app CUMBERLAND GoUN1Y Ins~,# 20D724~94 • Pape 5 of E AUG-'.4-~6 ld:?~ FRDti4-C0~1~1UViTY6,5Ei7LEMENT COMIviONWEALTH OF PENNSYLVANIA ss, CaUNTY OF DAL~PT31N Un this, the b`h day of July, 20Q7, before me, a notary public, the undersigyed officer, persor-ailly appeared Michael P. Kettriefly, who aci~w~vledged himself to be the President of TRAC Properties, Inc., a Per:nsylvania corporatior-, and that he as such President, beizig Authorized to do so, executed the foregoing insiTtarneut far the purposes therein contained by signing the name of the corporation by himself as such off cer. IN WITNESS WHEREOF, I have heretutto set my hand and sesal. ~~.~ ~-- r --.. ~ .r Notary Public EtiD~~S ~y~o ... -- Gwberl>nd Cobnty Recor'rleer of Dee+ids Instrument Filing Recei~l 66?d27 lnsttM 2047-024p94 7111/24'07 11:00:58 RPSarist PAYIpq ~ I C?crtify this to be recorded In Cumberland County PA ~ _, •,~ ~, c~.~ ~~•~:~~~r of Deeds tkxd hverl lTQO Newvill~ [-imiad m Thirtl Plne Flair Prr'Atera, L,P, July 6, 2007 P~gc6of6 TIiIT~~ PIiE Fl. t>EED 15.54 11EEp - rill .50 GEED - RTT STATE 5'R5.40 CARLI81f ARfI# 288.1.50 iURT111fii04lETilli 28'81'.56 DEED - A!H 11 54 J.t.S. / A.T.J. , 26 04 aU IIfP80{IpEI(t' Fii6 , 2 46 REC. IIPR'i~(i FGkp . 3 40 ~cki 57b1 Ched~ 5743 . i5,817.Q0 Che[ki 5tgq ;.~ 15,175 00 Tatal RereivEd,,,,,,, . 3iI,59Z,56 BQOK 28U PAGE~6;~O oe~l3reoDe 11;02,28 AM CUMBERLAND COUN71` Inst.#200721094 -Page 6 01 ~, ~ '~ ~ J,, ~~! I ;`. _, i ~ ~ it R I I C)02f~T1 ~~ Tax Parcel #29-20-;_;'90-0~~3 Tax Parcel # 29-~?0-1 ~ ~:~0-016A DEED OF CONSOL1DATlOIt~ ~~ i ~~ ~~~ THIS DEED, dated the /~ day of o :if ice.., 2012, but. effective the _~-~"___ day of 2012, ` BETUJEEN THIRD PINE FLOOR PARTNERS, L.P., a Pennsylvania Limited Partnership; Having its offices at 3833 Pama~~ Drive, Mechanicsburg, PA 17050, hereinafter referred to as "(:grantor" AND THIRD PINE FLOOR PARTNERS, L.P., a Pennsylvania Limited Partnership, having its offices at 3833 Pamay Drive, Mechanicsburg, PA 17050, hereinafter referred to as "Grantee". V~/ITNESSETH, That said Grantor, for and in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, well andl truly paid by the said Grantee to the said Grantor, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowlE~dged, has granted, bargained, sold, alienE~d, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, E~nfeoff; release, convey and confirm unto the said Grantee, its successors and assigns: ALL THAT CERTAIN piece, parcel, or tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, as shown on that certain "Final Minor Subdivision Plan for Third Pine Floor Partners, L.P.", prepared by Land Design & Division Ltd. dated _~ 2,3 2012 and recorded ~-rn~/L -~~ , 2012 in the Office of the ecorder of Deeds in Cumberland Ca~.anty to Instrument # ~d/a~? 97.~?3 at Plan Book at Page ,said tract being more fully bounded and described as follows: BEGINNING an iron pipe on the south side of the Newville Road, (S.R. 0641), said pipe being on the line between others lands of Third Pir~e Floor Partners, L.F. and the land described herein; thence along said division line and through lot number 37 of the Plan of Lots recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3 page 67, known as Westminster, S 0~°28'21"E 198.43' to a point on the south side of a 16' unirnproved private alley, the aforesaid line goes through an iron pin located on the north side of thE:~ private alley; thence along the south side of the alley N87°35'49"E 2.84.89' to an ir~~n pipe at other lands others lands of Third Pine Floor Partners, L. P.; thence alr.~ng said 1 s~_~a: lands 501°34'11"E 331.42' to an iron pipe at lands now or formerly of the f~Jorfolk Southern Railroad; thence along said lands 586°13'06"W 455.59' to a railroad monument at lands now or formerly of Autotek Limited; thence along said line N02°55'19"W 342.36' to an iron pipe at the southwest corner of the inter~:,ection of the aforementioned 16' private alley and another private alley of varying; width which connects the 16' private alley with thE> aforementioned Newville Road; thence along the south side of the 16' private alley, N87°35'49"E 28.63' to a point; thence by a line crossing the 16' private alley, (through an axle on the north east corner of the alleys) and along the east side of the second private. alley; N01°28'49"N/ 194.33' a nail on the south side of the Newville Road, (S.R. 0641); thence along said road N86°01'44"E 150.00' to an iron pipe at the place of BEGINNING. CONTAINING 4.228 Acres. BEING the same premises which Adam W. Johnson and Amanda J. Johnson, by their Deed dated February 16, 2011 and recorded February 2.?, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, to Instrument Vumber 20110603 granted and conveyed unto Third PinE:~ Floor Partners, L.P (the "Johnson Portion"). ALSO BEING that certain Parcel No. 3 which 1200 Newville Limited, by its Deed dated .luly 6, 2007 and recorded July 11, 2007 in the C)ffice of the Recorder of Deeds in and for Cumberland County, in Book 280, Page 4615, granted and conveyed unto Third Pine Floor Partners, L. P. (the "Newville Portion"). The purpose of this Deed is to describe the property as a single parcel in accordance with the recorded plan. UNDER AND SUBJECT to private rights i:o use the private alley located on the above described property. FURTHER UNDER AND SUBJECT to zoning regulations, ordinances, easements, building and other restrictions, privileges and rights of public: service companies, rights of way, reservations, and protective covenants of recc:~rd and those visible on the subject premises, and subject to all agreements or like matters of record or visible on the premises, and subject to all rights and ownership it the public in roads, streets and highways, whether or not opened, including those restrictions, but only such restrictions which may still be valid and enforcE:~ab'e, if ary, and only as applicable to the Johnson Portion, as set forth in that: r_eetain 2 Deed dated June 4, 1943 and recorded June 5, :1943 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book Q, Voli.ime 12, Page 354, and those restrictions, but only such restrictions which may still 'be valid and enforceable, if any, and only as applicable to the Newville Portion, as set. forth in that certain Deed dated February 28, 1966 and recorded IVlarch 3, 1966 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W; Vol. 21, Page 1130. TOGETHER with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, car in anywise appertaining, and the reversions and remainders, rents, issues and profits therE~of; and all the estate, right, title, interest, property, claim and demand whatsoever, of the said Grantor, as well at law as in equity, of, in and to the same. TO HAVE AND TO HOLD the said tract of land, above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intendecl so to be, with the appurtenances, unto the said Grantee, its successors ~:3nd assigns, to and for the only proper use and behoof of the said Grantee, its successors and assigns forever. AND the said Grantor, for itself, its successors and assigns do covenant, promise and agree, to and with t:he said Grantee, its successors and assigns, by these presents, that the said Grantor, its successors and assigns, all and singular the hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances unto the said Grantee, its successors and assii;ns, against the said Grantor, its successors and assigns, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, Shall and Will, subject as aforesaid, by these presents, SPECIALLY WARRANT AND FOREVER DEFEND, (The remainder of this page is intE~ntional/y left blank.] 3 IN WITNESS WHEREOF, the said Grantor, has caused this Deecl to be executed the day and year first above written. i' ~ !~ i -A- ~ COMfJIONWEALTH OF PENNSYLVANIA COUNTY OF~~r~ GRANTOR: THIRD PINE FLOOR PARTNERS, L.P. By: 115 In stors, LLC, its general partner 1 SS: On this, the /~~ day of _, 2012, before me, the undersigned officer, personally appeared L _ti~ who acknowledged himself to be the ~} }'t') _ of 115 Investors, LLC, gen al partner of Third Pine Floor Partners, L.P., a n sylvania limited partnership, and that he, as such /Yip, eing authorized to do so, executed the foregoing instrument for the purposes 1:her ' ntained by signing his name as such officer. IN WITNESS `J~/HEREOF, I have hereunto set my hand and notarial seal. c-C ,. ~-. Notary P lic ~ r. r/r,f' r,,tr ~~ ' TN 'Jr PE!`1~!SYLV/~;E'~LA .~, 1. eJ_.i,~A~ i-._- ~dat~,,~l Sea'. r,~,,, ~ ,~i ~ ~; ._ ~ ~~Ic I ~. ~ 3L'or Co r~,~n My Commission Expires: (sEaL) CERTIFICATE OF RESIDENCE I hereby certify that the precise address of the Grantee herein is as follows: Third Pine Floor Partners, L.P. 3833 Pamay Drive Mechanicsburg, PA 17050 ~. /;/~j~;,~-- ~/ ~i~ ~. _._ Attorney~or Grantee 4 r COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND . SS: On this, the ~~' ~ day of ~~~ ~~ ° ~~:~'~-~ _ , 2012, before me, thE: undersigned officer, personally appeare PHYLLIS L. T~OTZMOYE;R, known to me (ar satisfactorily proven) to be the persons whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat. ~~., ` ~~. Notary Public ,- My Commission Expires: GpM~pNV~1EALTti OF PENNSYLV~~"~1A~ NOTp~F11AL SEAL fCANDi L. LENh~ER, N~'arv E'~i ~~ HAMPOEN TWP,, C11P~1Brl _' '~ ~~,i1NTY MY C,JMMISSION EXPIRES AtIG~.~ ~ ?~4, 2013 CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named Grantee is: ;`>,~~ ,~ ~`.r~~tf;~~ ;}, ~;~ %' ; .~,~~~ti, ,~ . ,~~. <. , ! ', '7.;' 7> D.ATLD: ;, 2012 ,. - r' ,- ~.,` ~~.,~~ l~f ."~:~' ,~ ~'' ~, Attorney for Gta~ee Prepared By: Andrew II. Shaw, Esquire 200 S. Spring Garden S~, Suite 11 Carlisle, PA 17J113 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTI~OUSE SQUARE CARLISLE, PA 17013 _____-__-_ 717-2~0-6370 Instrument Number - 2~D1229?24 Recorded On 9/27/2012 At 3:50:46 Pl~'I * Instrument Type -DEED In~~oice Number - 118363 User ID - K~~V * Grantor -THIRD PINE. FLOOR PARTNERS L P Y Grantee -THIRD PINE; FLOOR PARTNERS L P 'Customer -'~AIl`TA SANGHVI FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEED~~ PARCEL C:ERTIFICA7'ION $20.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT NORTH MIDDLETON TOWNSHIP $0.00 TOTAL PAID $73.00 I Certify this to be recorded in Cumberland County PA ,` OF CU/Ke~ , p ~ ~^ 9~ 1 / ~ '~ ~ ° ~ RECORDER O ' D ;EDS ~~ , ~ ~ t~go Y Total Pages - 6 Certification Page DO NOT DETACH This page is no«~ part of this legal document. -Information denoted by an asterisk may change during the ~~erification process and may not be reflecte~ on this page. IIIIIIIIII:IPIIIII r ii~g~iiiii~ 'Tax Parcel No. 2':)~~20-1"790-012 THIS DEED, MADE THEe>7~ day of //Gl/~i~I~.t. in the year of our Lord two thoi.csancl eight (2008). BETWEEN JAY E. SNYDER and PATRICIA E. SNYDER, husband and wife, of North Middleton Township (1182 lvewville Road, Carlisle, PA 1701 "11. Cumberland County, Pennsylvania, parties of the first pan, Grantors, and THIRD PINE FLOOR PARTNERS, L.P.; a Pennsylvania Limited Partnership, having its offices at 3833 Pamay Drive, Mechanicsburg, PA 17050, party of the second per, Grantr: e: WITNESSETH, that in consideration of Orne Hundred Forty-eight Thousand and no/100dredths ---($148,000.00) ---Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey . n the said Grantee, its successors and assigns: ALL THAT CERTAIN tract of ground with the improvements thereon erected, situate in North Middleton Township; Cumberland County, Pennsylvania.. bounded and described as follows: BEGINNING at a point in the southern side of the State Highway (Route #641.) leading from Carlisle to Newville, which point is also a comer of lot belonging now or formerly to Hershel E. Tichnell; thence in a southwardly direction along lot of the said Tichnell, a distance of 182 feet to a point in the northern side of an alley; thence in a westwardly direction along the northern side of said alley a distance of 100 feet to a point in line of lot formerly of John Allen Zeigler, now or formerly of Anthony and Marie E. Gromack; thence in a northwardly direction along said property now or formerly of Gromack, a distance of 182 feet to a point in the southern side of said State Highway; thence in an eastwardly direction along the southern side of said. State Highway. a distance of 100 feet to a point, the place of BEGINNING. BEING the western 40 feet of Lot No. 24, all of Lot No. 2~, and the eastern 5 feet of Lot No. 26 on the Plan of Lots ]crown as Westminster Manor, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland Countti. Pennsylvania, in Plan Book 3, Page 67. LESS, HOWEJER, all that certain tract of land containing 10 feet along the southern line of the Newville-Carlisle Road and extending southw~n-dly therefrom at an even width a distance of 182 feet 1:o the north side of an alley, which tract was previously conveyed by Richard W. and Mildred P. Collins to Anthony Gromack and Marie E. Gromack, by their deed dated November 26, 1963, and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, in Deed Book "B." ~"plume 21, Page 199. 722763.1 HAVING erected thereon asingle-family residence known as and numbered 1182 Newville Road, Carlisle, PA 17013. BEING the same premises which Luther W. Black, et al., by deed dated March 15, 2002 and recorded March 19, 2002, in the Office of the Recorder of Deeds, in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 250, Page 4204, granted and conveyed to Jay E. Snyder, single man, one of the Grantors herein. THE SAID, Jay E. Snyder and Patricia E. Snyder, Grantors herein, intermarried on August 8, 2008. Patricia E. Snyder joins on this conveyance as an accommodation to the Grantee, solely to quitclaim whatever interest she may have as the spouse of Jay E. Snyder, and she does not join in any of the warranties that may be ex;:~ressed, or implied, in this transaction. AND the said Grantors do hereby covenant and agree that they wi:'l warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF; said Grantors have hereunto set tnezr hands and seals this day and year first above written. Signed, Sealed, and Delivered in the Presence of U ' ,XAY :SNYDER + _ PATRICIA E. SNYDE Commonwealth of~Pennsylvania r~ } ss. County ofE-.'~~z~~x$~ (SEAL) On this, the c>~o d o 2008, be ore me. the ~ ay f ~ZUue-m,6p~ f undersigned officer, personally appeared JAYS. SNYDER and PATh'ICIA E. SNYDER, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they e:recuted the same for the purposes therein contained. IN WITNESS WHEREOF,1 hereunto set my hand and officecal seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ;J (SEAL) Naina J. Sanghvi, Notary Public _ ------ City Of Harrisburg, Dauphin County My Commission Expires Apr. 25, 2010 Member, Pennsylvania Association of Notaries I do hereby certify that the precise residence and complete post office address of the within named Grantee is 3833 Pamay Drive, Mechanicsburg, Pennsylvania 17050. ~~ ' Thornas ~dehilla, Esgzfire Attorney for Grantee ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 21)0838306 Recorded On 12/1/2008 At 11 :13:14 AM * Instrument Type -DEED Invoice Number - 33048 User ID - RAK * Grantor - SNYDER, JAY E * Grantee -THIRD PNIE FLO OR PARTNERS L P * Customer - PAXTON LAND * FEES STATE TRANSFER TAX $1,480.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $740.00 DISTRICT NORTH MIDDLETON $740.00 TOWNSHIP TOTAL PAID $3,008.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA. c~ cu',ys ~' e~''` _ - I` ~` ~ RECORDER. O r'` j ~`~=` \ 17SU * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIRIIIINI'~I'illl III III ALG-14-D6 14:23 FRDl~-COM~IUNITYASETTLEMENT ~ J c, Tax Parcel lderttification Nos: Parcel I -29-20-],790-004 Parcel 2 - 29-ZO-1790-004A Parcel 3 - 29-20-1790-016A Parcel 4 -- 29-20-Y 790-013 +~71T2349198 T-~?? '.~~-{~9 F-016 ~~,3~~:~r p. ZIEGLEg ~~:E.CGRD~R OF DEEDa I'~ A t.~~.a~(~I:RL.IifJD COl1NTY-, SPEC)rAY. '1~VA~l EEb THIS DEED, made the 6`" day of July, 2007, BETWEEN 1200 Newville Limited, a Pennsylvania limited partnership, with principal offices at 4910 Simpson Ferry Road, Meehattiesburg, PA„ 17050, Grsrrtor, Third Pine Floor Partners, L,P,, a Perursylvatria limited pariaet~ltip, with principal offices at 3633 Pamay Drivc, Mechanicsburg, PA 17050, Grantee. WTTNESSETH, That in consideration of Five Hundred Seventy-Seven Thousand, Five Hundred Dollars ($S77,S00.00), in hand paid, the receipt whereof is hereby acictrowledged, the said Grantor does hereby grant and convey unto the said Grantoc, its successors and assigns, ALL THOSE CERTAIlt1 FOUR PARCPLS of land situate in North '.Middleton Township, Cumberland County, Pennsylvania, bounded and described, as follo~+s: PARCEL NO. i ; Being pan of Lot 16 and part of Lot 17 on the Plan of'Lots entitled "Westminster Manor", said plan being recorded in Plan Book 3 ar Page 67 among the land records of Cumberland County. BEGINNLNG at the most northerly point of said parcel a[ an existing 3/~ inch smooth bar on the southerly right-of--way litre of the Nevwille Road (PA Route 641) boirrg 25.0 feet south at tight angles from the centerline of the Newville Road; thence by said southerly right-of- way line South 86 degrees 20 minutes 1 S seconds East, 60.00 feet to an existing'/~ inch pipe on the westerly line of others; thence by land of others South 03 degrees 47 minutes ] 0 seconds West, 182.28 fast to an existing S/8 inch rebar on the northerly line of a 1 b foot wide alley; thence along said alley North 86 degrees 09 minutes 00 seconds West 59.99 feet to an cxisting'~A inch smooth bar on the easterly line of others; tberice by land of others North 03 degrees 46 minutes 55 seconds Bast, 182.08 feat to the point ofbeginrting. CONTAINING 0.250 of an acre, mOTe or less. Parcel No. 1 herein described and conveyed may also 'be described as the eastern fifteen (15) feet of Lot No. 17 and the western forty-five (45} feet of Lot No. 16 of the Plan of Lots Ikod from 1100 N~wilk Llmltat to Third Pine FloorParaicts, L.IP. July 6, 20U~ Page I of 6 OVDX aiC3li f~~r.~~D~~~ 313/2008 11:02:28 At:7 CUMBERI•AND COUR'Tl' Inst.ak 2DD724094 • Page 1 of 6 AUG=14-oe 1:28 FROM-COM~UNiTY~SETTLEI4ENT ~F7172348198 T-D'3 '' 65/09 F-016 entitled "Westminster Manor", which plan is of record in the Office off the Recorder of Deeds in and for Cumberland County, Pennsylvania in Pian Book 3, Page 67. The point of beginning for said Parcel No. 1 may also be described (as in prior conveyaaaes) as being a distance of fifteen ~1S) feet, measured North 86 degrees 20 minutes 15 seconds west, slang the southern right of way line of the NeWville Road, fmm the dividin8; line between I..ots Nos. 16 and 17 of the aforesaid Plan of Lots of Westminster Manor. PARCI~L N0.2: BEGINNING at the most northerly point of said parcel at an existing ~~ inch pipe on the southerly line of a 16 foot wide alley (said alley being shown on the Plan of lots entitled "Westminster Manor" and recorded in Cumberland County Plan Book 3 at Page 67) at lands now or formerly of Larry Adams; thence by said southerly line of the 16 foot wide alley South 87 degrees OS minutes 40 seconds East, 487.15 felt to an existing'/, inch pipe on the southerly line of said alley; thence continuing by same, South 86 degrees 13 minutes 00 seconds East, 1301.64 feet to an existing''/z inch pipe at lands now or formerly of Cloyd C. Myers; thence by said Cloyd C. Myers South 03 degees ], 8 minutes 00 seconds West, 215.00 feet to an existing '/~ inch rebas, a comer for Cloyd C. Myet~, the Pennsylvania Power and Light Company, sad Penn Central Properties, Inc.; thence by said Penn Central Properties, Inc., South 84 deg;ecs 26 minutes I O seconds West, 415.91 feet to an existing railroad monument; ihtnce continuing by same North 88 degrees 39 minutes 00 seconds West, 753.78 feet to an existing S/8 inch smooth bar; thence by the same, North 88 degrees 25 minutes OS seconds West, 627.26 feet to an existing 1 inch pipe at lands, now or formerly, of Lamy Adams; thence by said Iarry Adams, Nonh 03 degrees 44 minutes 20 seconds East, 331.19 feet to the point of beginning. CONTAINING 12.159 Acres, more or less. THE ABOVE DESCRIPTIONS were taken from a plat[ of survey prepared by Robert A. 5harrah, P.L.S., dated October 6`h, 19$7, having Drawing No. E-79, artd File No. 8732. PARCEL NO. 1 AND PARCEL NO.2 ARE CONVEYED UNDER AND SUBJECT TO easements, ripttts-of--way, covenants, conditions, restrictions, reservations, agreements and similar encumbrances of record or visible on said premises or discoverable from a current and accurate survey of said premises, including, without limitation, the reservations and conditions stated in the deed recorded in Cumberland County Deed Book C, Volume 33, Page 958. PARCEL NO. 1 AND PARCEL N0.2 BEING the same premises which Lo-Temp Corporation, a Pennsylvania corporation, by their DCEd dated December 30, 2005 and recorded on January 3, 2006, in the Office of Recorder of Deeds in and for the County of Cumberland in Deed Book 272, Page 291 S, grantod and conveyed unto 1200 Newville Limited, Grantor herein. 3/2008 1 2 02:26 AM J Dodd from 1200 New~ilk Limited to 7riiN Pine Floor parntm, LP. July G, 2007 Pggo 2 of 6 BOOK '' 8Q P~CF~6~6 CUMBERLAND COUNTY InsL# 20072$094 -Page 2 of 6 AUG-14-OB 14:24 FROkI-COl,~1UNITY~SETTLEI~ENT ~•T172348198 T-o33 x'.09/09 F-016 Also herein conveyed is 211 of the estate, right, title and interest of Grantor of, in and to the land lying within the lines of any and all adjoining streets, avenues, roads, lanes, highways or alleys, to the center lines thereof, but to the extent only, however, that such land immediately abate the hereinbefore described premises. PARCEL N0.3: BEGINNING at an iron pipe and a corner of a sixteen (16) foot alley; thence along lands now or formerly of Thomas A. Shearer and M_ Viola Shearer, his wife, South three (3) degees forty-five (45) minutes West, a distance of three hundred thirty-one and forty-two hundredths (331.42) feet to an iron pipe and corner of lands now or formerly of Thomas A, $hoarer and M. Viola Shearer, his wifq, and the Pennsylvania Railroad Company; thence along land of Pennsylvania Railroad Company North eighry- eight (88) degrees twenty-six (26} minutes West, a distance of four hundred fifty->:tve and sixty,nine hundredths (455.69) feet to a rail monument and corner of land naw or formerly of M. R. Lippert; thence along lazed now or formerly of M. R. Lippert North two (2) degrees twenty-four (2a) minutes East, a distance of three hundred forty-two and forty-three hundredths (342.43) feet to an iron pipe and point on the Southern boundary of a sixteen (16) foot alley; thence along the Southern side of a sixteen (16) foot alley South eighty- severr (87) degrees five (S) minutes East, a distance of four huttdt~ed sixty-three and seventy hundredths (4b3.70) feet ka an iron pipe and place of BEGINNING. BEING improved with a 40 foot by 60 foot metal building. SA1D description is in accordance with Survey of D_ P. Raffensperger, Registered Surveyor, dated 7anuary 24, 1966, SUBJECT to building and use restrictions of record. PARCEL Nq. 3 BEING THE SAM$ PREMISES which Larry G. Adorns and Trudy L. Adams, husband and wife, by their deed dated January 27, 2006, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pertnsylvatua, in Deed Book X73, page 83, granted and conveyed unto 1200 Newville Limited, Grantor herein, PARCEL NO. a: All those certain two (2) tracts of land described as follows; TRACT NO. 1: BEGINNING at a point in the Southern side of Pennsylvania State Highway Route No. 641, leading from Carlisle to Newville, which point is a corner of lot now or formerly of John Allen Zeigler and Marian Olivia Zeigler, husband and wife, a distance of 182 feet to a point in the Northern side of axe alley 16 feet in width; thence Westwardly along the Northern side of said alley, a distance of 7S feet to a point; thence Northwardly by a lime at right angles with the Southern side of said State highway, a distance of 182 feet to a point in the Southern, side of said State Highway; thence Eastwardly alotag the Southern side of said State Highway, a distance of 75 feet to a point, the place of BEGI.~RVING. L1eed from 1200 NcWVipe Limjln0 w Thj-d Pink Floor Partr-es, L.P. July 6, 2007 liaQe 3 p(6 ~aO,K ~8Q PaG~~6~7 3/2008 11:02:28 AM CUMBERLAND COUNTI' Inst,# 200724094 - Page 3 of 6 AUG-14-Ofi 1d~24 FROM-COMMUNITYaSETTLEMENT •F717234A196 T-033 ~~ C7/09 F-016 THE AFORESAID described lot of ground is composed of flee Western 30 feet to Lot No. 27 and the Eastern 45 feet of Lot No. 28 on chat certain Plan of Lots laid out and adopted by Thomas A. Shearer, and known as "Westminster Manor,, said plan being recorded in the Office of the Recorder of Deeds in and fvr Cumberland County, in Plan Book 3, Page 67. SUBJECT HOWEVER, to the said Plan of Lots and building restrictions set forth in the Deed of William Fetter a>;id Fannie Fetter, husband and wife, to 'Thomas A- Shearer and M. Viola Sheerer, said Deed beating date lone 4, 1943 and entered of record in the Qflice aforesaid, in Doed Book "Q." Volume 12, Page 354. TRACT N0.2: BEGINNING at a point in the Southern side of the public road leading from Carlisle to Newville (Pennsylvania State Highway Rvute No_ 641) which point is also a corner of other Land now or fatmerly of Bruce Harold McCoy and Leans Elizabeth McCoy, husband and wife, thence in a Southwardly direction along said other land now or formerly of Bruce Plazold McCoy and Leans Elizabe~ttt McCoy, husband 2u:d wife, a distance of 182 feet to a point in the Northern side of an alley lb feet in width; thence in Westwardly direction along the Northern side of said alley, a distance of 25 felt to a point; thence along land now or formerly of John Cecil Miller and Althea R. Miller, husband and wife, in a Nor[hwardly direction, a distance of 182 feet fo a point in the Southern side of said public road; thence in an Eastwardly direction along the Southern side of said public road, a distance of 25 feet to a point, the place of BEGINIVIIVG. BEING the Western 10 feet of Lot No. 28 and the Eastern 1 S feet of Lot No, 29, on that certain Plan of Lets laid out and adopted by Thomas A. Shearer, and Imown as "Westminster Manor," said Plan being recorded in the Office aforesaid, in Plan Book 3, Page 6`7. SUBJECT HOWEVER, w the said Plan of Lots and building restrictions set. forth in the Deed of William Fetter and Fannie Fetter, husband and wife, to Thomas A. Shearer and M_ Viola Shearer, said Deed bearing date June 4, 1943 and recorded in the Ofiiee aforesaid, in Deed $ook "Q," Volume 12, Page 354. PARCEL NO. 4 BEING TIDE SAME PREMISES which William S, Ortrnyer and Jetu3ifer E. Ortmyer, husband and wife, by their deed dated January 16, 2007, and recorded in the Office of the Recorder of lleeds in and for Cumberland County, Pennsylvania, in Deed Book 278, Page 2.592, granted and conveyed unto 1200 Newville Limited, Grantor herein. AND the said Grantor will, subject as aforesaid, SPECIALLY WARRANT ANA FOREVER DEFEND the property hereby conveyed, Deed from 1200 Newviue Limiu~d w Third Pine Floor PYrmas, LP. July 4 2007 Page 4 of 6 eoox 260 PAGFQ{j~8 13r2o08 ~ i ~o2:2S AM CUMBERIANp GOUNTY lnst.7t 2og724094 -Page 4 of e~ AUGw~4-0~ '4.2~' FROM-COMMJNITYASETTLEMENT ~~"'?f ""? ,. --. IN WITNESS WHEREOF, said Crrantor has hereunto sct its hand and seal by its aurhor~veci general partner, the day amd year first about-written. Sealed and delivered ~ 1200 Nevs-viile Limited e of T~,~ ~. Pri•opv~Ties , 1-,, ~-- By: ~ , TR.AC Properties, Imc., its general partner By: l1+Iichacl P. Kennedy President TRAC Properties, inc. Certitics~ of Address I hereby certify that the precise address of the Grstntee herein is as follows: 3$33 pamay Drive, Mechanies'burg, PA 17050 Ttw ehilLa, Esquire AcWrney for Cnsatee Does tram 1200 Nnwine t~muaQ w'il~ird fine Floor Parux~'s, L.P, July 6, 2pQ7 Aage 5 of 6 BdQX ;~BU PAC~gS9 9113/20oa ~ 1:o22s ,cn.q CUMBERLAND COUN71' InsG,# 200724094 • Page 5 of E AlJfi-1~-08 14:25 ~RD-~-COM~1UPIlTY~SETTLE~IENT COMMONWEALTt~i OF PENNS'YLVANYA ; ss. COUNTY OF DAUPHIN On this, the Leh day of Iuly, 20Q7, before me, a notary public, the un~ecsig~ed officer, personally appeared. Michael P_ Kennedy, who atlmpwledged himself to be the Pte9ident of TR.AC Properties, inc., a Pennsylvania corporation, and that he as such President, being authorized to do so, cxe+ruted the foregoing iustZUltnent for the purposes iheruin containai by signing the name of the corporation by himself as such office. IN VVTl'NESS WH~REOF,1 have hereunto set my hand and seal. ._~_ _.~ Notary Public Coro, ~~'~`"-"~ 19, 2010 ssion ExD~s ~ Cuslberland Canty Rsrordef of Deeds Ir~stru^eet Filing RecriFtl b64i27 instr~ 2047-C~f49~4 7/11/2007 11:04:5$ Aeeariisc PAYfpq 1,AllD l Certify t1~.is to be recorded In Cumberlaztd County PA .. •; .~ I'c~~~~~•-:~~~r of Deeds Drzd fivrn 1200 Ncwvillc Limiocd m 'rhirQ PIM P1ear P+utrrtra, L.P. ]utY 6, 2007 P~gc 6 of b TRIA4 PILE F{. t~ 15.50 0Em - IgiIT ,50 OFED - RTT 5TpTE 5775.40 CARi.I9l.E AiiEA ' 2811•J.50 if~R l11 tiIDOlF1'p8 2851 50 ~E~o - Any . ii 5o J.C.S. / A.T.J. , 30 00 CQ II~PIi~EMI' FND . 2 00 AEC. IlPRiBtT FWD . 3 00 ~+edt1 573 . 05,817.00 t5k~k1 574q 0,50 00 t5~775 Total A~teived,,,,,,, . 311,542.50 8001( ,~$~ PAGE~6~O aa~~ 3~zooa i i ;02,29 aM cuMBER~AND CQUNTY lnst.# 20D724094 -Page 6 01 `.~"~ ~~~ Parcel LD. No.: Property Address: 29-20-1790-017 1194 Newville Road Carlisle, PA 17013 THIS DEED, PI~~iI~INPII MADE THE, 27 day of August in the year of our Lord two thousand twelve (2012}. BETWEEN PHYLLIS L. KOTZMOYER, Unrernarried Widow, of CumbeRrland County, Pennsylvania, GRANTOR, AND THIRD PINE FLOOR PARTNERS, L . P c of Cumberland County,l'ennsylvani.a, GRANTEE, WITNESSETH, that in consideration of One Hundred Forty Five Thousand and 00/100 Dollars ($145,000.00} in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, its successors and assigns, ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the Southern side of the concrete public road leading from Carlisle to Newville (Pennsylvania Route No. 641) which point is a corner of land belonging to Merle Gagman and wife; thence in a Southwardly direction along land of said Merle Gagman and wife, a distance of 182 feet to a point in the Northern side of an alley; thence in a Westwardly direction along the Northern side of said alley, a distance; of 105 feet to a point in line of Lot No. 36 on the hereinafter mentioned Plan of Lots; thence i:n a Northwardly direction along the line of Lot No. 36, a distance of 182 feet to a point in the Southern side of said public road (Pennsylvania Route No. 641); thence in an Eetwardly direction along the South side of said Pennsysylvania State Route No. 641, a distance of 105 feet to a paint, the place of Beginning. BEING composed of the Western SO feet of Lot No. 34 and all of Lot No. 35 on that certain flan of Lots known as "Westminster Manor", said Plan being recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Plan $ook No. 3, page 67. BEING the same premises which Thomas A. Shearer and M. Viola Shearer, by deed dated Mazch 14, 1955 and recorded in the Office of the F:ecorder of De;eds in and for Cumberland County at Record Book 16-I, Page 457, granted and conveyed to Lester 1?. Kot.zmoyer and Phyllis L. Kotzmoyer. The said Lester E. Kotrmoyer died on December 1.5, 1997 thereby vesting his interest in said property to Phyllis L. Kotzmoyer, tYie Grantor herein. AND the said Grantor does hereby covenant and agree that she will warrant S NE(:;IALLY the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE QF f/`~ '~ / 1 -tom PHYLLI. L. KOrTZMOI'~It ROBERT P. ZIEGLER ' .RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201226506 Recorded On 8/30/2012 At 8:10:34 AM * Instrument Type -DEED Invoice Number - l 1b227 User ID - SW * Grantor - KOTZIVIOYER, L ESTER * Grantee -THIRD PINE FLOOR PARTNERS L P * Customer - CORNF,RSTONE LAND * FEES STATE TRANSFER TAX $1,450.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $725.00 DISTRICT NORTH MIDDLETON' $725.00 TOWNSHIP TOTAL PAID $2,962.00 'k Total Pages - 4 Certification Fage DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA of ° ~r~ ~ cr ,'6~~~ ~ 4 ° .RECORDER. C? t~ao * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III!NINIV~'IIIIIYII~RI il~~ ~_ ~ 3'oZ l ~ ~- SPECIAL WARRANTY DEED W[TI-i "AS-[S" EXCEPTIONS ~~,.a0 _ ~~.~qQ- ~~~ CV~IIIINN THIS DEED MADE THE ~._ day of s~~~, 2008 between j}enrsche Rank hat;n~-~x' Tn~cf ['nm~a y ac Trncte~ nn hphalf of the certificate holders of Morgan S_ t_ nnle~ i1S Attornew in F ct C'nnninnvid Hnme nano by Power nt Attorney r~nrderl in ('nmherland Cnn ~ Rnn ~gl;e ~ {"Grantor") And Third Pine Flnnr Parterre , t P ,A Penncxlvania Limited Par nershin {"GranteC"). WITNESSETH, That the Grantor, its successors and assi,~s for grid in consideration of the sum of covens-Seven Thm~sand Seven Hundred (1i"70_0_(I(Il Dollars and 00/100 cents lawful money of the United States of America, unto it well and truly paid by the Grantee, at or before the sealing and delivery hereof the receipt whereof is hereby acknowledged, granted, bargained, sold, aliened, enfeoffed, released and confrmed, and by these presents grant„ bargain and sell, alien, enfeoff, release and confirm unto the Grantee, its successors and assigns, the real property described in Exhibit "A" attached hereto and incorporated by this reference. Bein€ the same premises which became vested in Grantor 1TOm the Sheriff' of Cumberland by Deed RP.Cnrded .loly 1R,,,?M17 Rngk_2R1 Pa~~. TOGETHER with all and sinl,-ular the Buildings, Improvements, Ways, Strccts, Alleys, Passages, Waters, Water-courses, Rights, Liberties, Privileges, Hereditam~ents and Appurtenances, whatsoever thereunto belonging, or in any wise appertaining, and the Reversions and Remainders, Rents, Issues and Profits thereof; and all the Estate, Right, Title, Interest, Property, Claim and Demand ~~~hatsocvcr of the Grantor, in laa~ as in equity, or oth~rn ise lu,nsu~~ cr, cif, in, .u~d to the same anti every pact thereut~. TO HAVE AND TO HOLD the lot or piece of ground ~roith the Builclints and Improvements thereon erected, Hereditaments and Premises hereby b~ranted, or mentioned and intended so to be, with the Appurtenances, unto Grantee, its Successors acid Assi}~s, to and for the only proper use and behoof of Grantee, its Successors and Assiy~s, AND the Grantor, hereby covenants and ab~rees that they unc! each ot` them will wan-ant specially the property conveyed subject to the following SPECIAL P'RUVIS[ON: WITHOUT LIMITING THE FOREGOING WARRANTY Of TI"fLE, GRANTOR MAKES NO WARRANTIES UR REPRESENTATIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OR VALUE OF THE PROPERTY HEREIN DESCRIBED, OR THE IMPROVEMENTS LOCATED THEREON (IF ANY), INCLUDING, BUT NOT LtM['('ED TO, ANY WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. GRANTEE IIAS CAREFULLY INSPECTED THE PREMISES (OR HAS BEEN AFFOF;DED A REASONABLE OPPORTI~NITY TO DO SO) AND, IiY Tll!'. ~CCF.PTANCI? T(7 "1'IHS D~I?I), ACCEPTS TI[F. PROPERTY "AS [S" AND "WHERE IS", WITH ALL FAULTS AND IN I'[';> PRESENT CONDITION. GRANTOR ACQUIRED THE PROPERTY AS A RESULT OF A FURF.CLOSURG AND IIAS NUT OCCUPIED OR INSPECTED THE PROPERTY. officer. TN VViTNESS WHEREOF the Grantor does hereby execute this deed by its duly authorized Sealed and Delivered in the Presence of Us: Title: Assistant Secretary ~: ~,Y~ ACKNOWLEDGMENT ~ ~ ~i` '~ ,,. "`~~ STATE OF AZ ~- , T;,,. ~~, COUNTY OF Maricopo On this 22 day of September 2008, before me, a Notary Public in anal for the County and State aforesaid, the undersigned officer, personally appear•cd pia Alfaro. Assistant 5ecretorv .known to me or satisfactorily proven to be an officer of the Corporation noted above and acknowledged that, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation as an otter of that Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public Richard Kenoyer (Notarial Seal} RICItARO KENOYER Nplory PuDnc • Nltono Morlcopo Counter My Comm. fxpbt MQ 20.201 ~ Deutsche Bank National Trust Company as Trustee on behalf of the certificate holders of Mor~een Stanley ABS Genital I Ina Trust 2004-HE9 ____ Dccd from D ~tcche Rank National Truet ['nm~~ly A~ Trnctee nn hehali' of the,rertifi ate hnldere of *,~1nr~An Stapler Ai["~n~al i in Tr tct 2(Illd HF9 I~Inrtgg~re Pgca Thrnn~h rerNfi atee~ $pri 241Qd HF'9 hxitc AttnrneXin Fac otntr'nvide_Homp Loans t0 Third Pine Flnnr Partnerc„I P' a Pennc~~lvani~ Limit d Partnership Premises: 119b Neyy;yille Rnad Carlisl ./North Middletnn~ PA 17(113 Cumberland County 1 hereby certify that the address of the above-named Grintee is Arrv: T,s c,r .SN~~ ~ d Y zt s.s P~.~.,. v DR /N6aN~N/CS,Qv,G~~ ~/r / 70 SAO On behalf of the Grantee Record and Return to: Liberty Bell Agency, Inc. RE. Loan #: 35414551 Mellon Independence Center 701 Market S pptll9l Ob 6001 Philadelphia, Escnrw Fila No.: 18971 R EXH181T "A" ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania. Being bounded and described in accordance with a Survey made by Thomas A. Neff, Registered Surveyor, on August 29, 1968 and being all of Lot No. 36 and the Easternmost Twenty-five {25) feet of Lot No. 37 as shown on the Plan of Lots known as Westminster Manor as recorded in the Cumberland County Recorder's Office in Plan Book No. 3, Page 67. Being more particularity described as follows, to wit: BEGINNING at a stake on the Southern line of Nc~v~•illc Road a/k/a PA Route 641 (50 feet wide). Said stake at the place of beginning is located Three Thousand Three Hundred Eighty-eight (3,388) feet West of the center line of Legislative Route :21033, and which stake at the place of beginning is also the Northwestern corner of Lot No. 35 as shown on the hereinafter mentioned Plan of Lots no~v or formerly of Lester Kotzmoyer. TIiENCE, from said stake at the place of beginning and along the Western line of said Got No. 35, now or formerly of Lester Kotzmoyer, South Five (OS~ degrees West a distance of One Hundred Eighty-two (182) feet to a stake on the Northern line of a Sixteen (16;1 feet wide alley; thence, along the Northern line of said Sixteen (I6) feet wide alley, North Eighty-six (86) (erroneously omitted in prior deeds of record) degrees West a distance of Eighty (80} feet to a stake at the Southeastern corner of land now or formerly of Earl B. Swarner, Jr.; thence, along the Eastern line of said land now or formerly of Earl B. Swarner, Jr., North Five {OS) degrees East a distance of One Hundred Eighty-two (182} feet to a stake on the Southern line of Newville Road a/k/a PA Route 641 (50 feet wide); thence, along the Southern line of Newville Road, South Eighty-six (86) degrees East a distance of Eighty (80} feet to a stake, the point and place of BEGINNING. CONTAINING Eighty (80) feet in frontage along the Southern line of Newville Road a/k/a PA Route 641{Fifty 50 feet wide) and extending Southwardly therefrom at an even width a distance of One Hundred Eighty-hvo (182) feet to the Northern iine of a Sixteen (lb) feet wide alley and on which there is erected a on~story brick d~~'elling house. BEING PREMISES; 1196 Newville Road, Carlisle, PA 17013 TAX PARCEL # 29-20-1790-018 ~.t~t t:x i„~, REALTY TRANSFER TAX R".,,R„r:R ~ ~~` ~~~ Q Stele Taz Ptid ~ Gov COMMONYVE1~lTM~OF PENNSYLVANIA STATEMENT OF VALUE ~~k ~~ ~t-ns ~, ~- DEPARTMENT OF REVENUE Peqe Number ~oL'~C; 1 37 Z BUREAU OE NDMDUAL TA1CE3 Po sox Y60803 See Reverse for instructions Qeu Recaeed ._ ` -p HARRISBURG PA 17128.060) Complete each section and tie in duplicate with Recorder of Deeds when (1) the full vabelconsidera6on is not set forth in the deed, (2) when the. deed is without consideration, a by gift, a (3) a tax exemptioat is claimed. A Statement of Value is not required it the transfer is wholly exempt from tax based on: (1) famty relationship or (2) pubtlc uL~ity easement If more space is needed, attach additional sheet(s). A. CGRRfSPONDENT -All inquiries may be directed to the following person: Hama "'" Telephone Number: Liberty Hell Ager-cy, Inc. _ (215) 625-3660 sweat Address 701 Market Street cny scare zip cone tNcal l rtin Tneiorrn-rlanres rSPntrstr _ X1,1 to 50(11 PhiladelDhia_ PA 19106 B. TRANSFER DATA Date of Acce lance of uocumenti Grantor(syLessor{s) Deutsche Bank Natit~lal Grantee(s>tl.essee(s) Trt13t t~IR ~ 1~ rhnPra _ T.,, j~ Street Address Street Address 1761 test Street, Andrew place 3833 t?amay Drive City Slate Zip Code City State Zip Code Santa Ana CA 92705 Mechanicsburg PA 17050 C. PROPERTY LOCATION . Street Address Cly, Township, Borough 1196 Newville Road North Middletown TbwnshiP _ 1. Actual Cesh Consideration 2. Other Consideration 3. Total Consideration 4. County Assessed Value 5. Common Level Rata Factor 6. Farr Market Value X = _ _~. E. EXEMPTION DATA ~ -.- 1a. Amount of Exemption ClaimecY 1b. Percentage of Interest Conveyed 2, Check Appropriate Box Below for Exemption Claimed ^ Will or intestate succession _ . (Name of Decedents (Estate File Number} ^ Transfer to industrial Development Agency. ^ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ^ Transfer between principal and agent (Attach complete copy of agencylstraw party agreement.) ^ Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or In lieu of condemnation, attach copy of resolution.) ^ Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number ,Page Number ^ Corrective or confirmatory deed. (Attach complete copy of the prior deed being r„orrected or confirmed.) ^ Statutory corporate consolidation, merger or division. (Attach copy of articles.) ~ Other (Please explain exemption claimed, if other than listed above.) _, Under penalties of law,1 declare that I have examined this Statement, Including accompanying Information, and to the best of my knowledge and belles, tt Is true, correct and complete. Sign/atc~ra.pr Correspondent ar R sibla Parly !~ Date /11 Ai/. /l/ ~. .....-....1 i . FAILUR~T'O COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFt1SAL TO RECORD THE DEED. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200901372 Recorded On 1/16/2009 At 2:39:59 PM * Total Pages - 6 * Instrument Type -DEED Invoice Number- 35496 User ID - KW * Grantor - MORGAN STANLEY A85 CAPITAL I INC TRUST 2004-HE9 * Grantee -THIRD PINE FLOOR PARTNERS L P * Customer -LIBERTY BELL AGENCY * FEES STATE TRANSFER TAX $777.00 STATE SitRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 Certification Page NOT DETACH This page is now part of this legal document. Cornett ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCAOOL $388.50 DISTRICT NORTH MIDDLETON $388.50 TOIitJSH I P TOTAL PAID $1,603.50 I Certify this to be recorded is Cumberland County PA RIECORDER O D EDS - Intormatioo denoted by as asterisM nay change during the verlfieation proeae and may not be reAated on this pale. ~iwi~oioiiaw~i r ~-- L~ ~ } I n~( r ` i j t- (.~%i ~ _~ . , i, , ~ 9 I ,) (: I .~~~ Tax Parcel #29-20- :. ''~~i~-00.3 Tax Parcel # 29-20-1~- ~~C-016A DEED OF CONSOLIDATION l~ ~ .; rri THIS DEED, dated the fd day of ~i~:- ,, 2012, but effective the _~~~'____ day of ~ ~ ~ 2012. ~ BETWEEN THIRD PINE FLOOR PARTNERS, L.P., a Pennsylvania Limited Partnership, having its offices at 3833 Pama~~ Drive, Mechanicsburg, PA 17050, hereinafter referred to as "Grantor" AND THIRD PINE FLOOR PARTNERS, L.P., a Pennsylvania Limited Partnership, having its offices at 3833 Pamay Drive, Mechanicsburg, PA 17050, hereinafter referred to as "Grantee". WITNESSETH, That said Grantor, for and in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, well and truly paid by the said Grantee to the said Grantor, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, alienE~d, enfeoffecl, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff; release, convey and confirm unto the saki Grantee, its successors and assigns: ALL Ti-IAT CERTAIN piece, parcel, or tract of land situate in North Middleton To~.vnship; Cumberland County, Pennsylvania, as shown ors that certain "Final Minor Subdivision Plan for Third Pine Floor Partners, L.P.", prepared b~,~ Land Design & Division Ltd. dated ~ 23 2012 and recorded ~~k~ ~~ , 2012 in the Office of the`Recorder of Deeds in Cumberland County to Instrument # ~~~aa 973 at Plan Book at Page ,said tract being more f,~lly bounded and described as follows: BEGIfJNING an iron pipe on the south side of the Newville Roar.J, (S.R. 0641), said pipe being on the line between others lands of Third PinE:~ Floor Partners, L.P. and the land described herein; thence along said division line and trough lot number 37 of the Plan of Lots recorded in the Office of the Recorder cf Deeds for Cumberland County in Plan Book 3 page 67, known as Westminst~r, S G1°28'21"E 1.98.43' to a point on the south side of a 16' unimproved private alley, the aforesaid line goes through an iron pin located on the north side of the pri gate alley; thence along the south side of the alley N87°35'49"E 284.89' to an iron pipe at other lanes others lands of Third Pine Floor Partners, L. P.; thence aio~,g said 1 s~_st~ , lands S01°34' 11"E 331.42' to an iron pipe at lands now or formerly of the luorfolk Southern Railroad; thence along said lands S86°13'06"W 455.59' to a railroad monument ai: lands now or formerly of Autotek Limited; thence along said line N02.°55'19"W 342.36' to an iron pipe at the southwest corner of the intersection of the aforementioned 16' private alley and another private alley of varying width which connects the 16' private alley with the aforementioned Newville Road; thence along the south side of the 16' private alley, N87°35'49"E 28.63' to <~ point; thence by a Ilne crossing the 16' private alley, (t:hrough an a>cle on the nor~t:h east corner of the alleys) and along the east side of the second private alley, N01°28'49"W 194.33' a nail on the south side of the Newville Road, (S.R. 0641); thence alon@; said road N86°01'44"E 150.00' to an iron pipe at the place of BEGINNING. CONTAINING 4.228 Acres BEING the same premises which Adam W. Johnson and Amanda J. Johnson, by 1:heir Deed dated February 16, 201:1 and recorded February 22, 2011 in the Office of the Recorder of Deeds in and for Cumberland County; to Instrument Number 20110603 granted and conveyed unto Third Pine Floor Partners, L.P. (the "Johnson Portion"). ALSO BEING that certain Parcel No. 3 which 1200 Newville Limited, b~.,~ its Deed dated .luly 6, 2007 and recorded July 11, 2007 in the Gffice of the Recorder of Deeds in and for Cumberland County, in Book 280, Page 4615, granted and conveyed unto Third Pine Floor Partners, L.P. (the "Newville Portion"). The purpose of this Deed is to describe the propert}~ as a single pc:~rcel in accordance with the recorded plan. UNDER AND SUBJECT to private rights t:o use the private alley located on the above dE~scribed property. FURTHER UNDER AND SUBJECT to zoning regulations, ordinances, easements, building and other restrictions, privileges and rights of public: service companies, rights of way, reservations, and protective cove=Hants of record and those visible on the subject premises, and subject to all agreements or like matters of record or visible on the premises, and subject to all rights and ownershi{:~ it the public in roads, streets and highways, whether or not opened, including; those restrictions, but only such restrictions which may still be valid and enforcE ab~e, if ary, and only as applicable to the Johnson Portion, as set forth in that certain 2 Deed dated June 4, 1943 and recorded June 5, ].943 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book Q, Volume 12, Page 354, and those restrictions, but only such restrictions which may still be valid and enforceable, if any, and only as applicable to the Newville Portion, as set forth in that certain Deed dated February 28, 1966 and recorded f~larch 3, 1966 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Bc:~ok W, Vol. 21, Page 1130. TOGETHER with all and singular the buildings and improvements, ways, ~:;treets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, of the said Carantor, as well at law as in equity, of, in and to the same. TO NAVE AND TO HOLD the said tract of land, above described, with thE~ buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors ~:rnd assigns, to and for the only proper use and behoof of the said Grantee, its successors and assiE;ns forever. P,ND the said Grantor, for itself, its successors and assigns do covenant, promise and agree, to and with the said Grantee, its successors anti assigns, by i:hese presents, that the said Grantor, its successors and assigns, all and singular the hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances unto the said Grantee, its successors and assigns, against the said Grantor, its successors and assigns, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of thf~m, Shall and Will, subject as aforesaid, by these presents, SPECIALLY WARRANT AND FOREVER DEFEND. jThe remainder of this page is intentionally left blank.] 3 IN WITNESS WHEREOF, the said Grantor, has caused this Deed to be execute; the day and year first above written. r. i' l ~ %~~~~ /~ / ~ ~, COMMOfJWEALTH OF PENNSYLVANIA COUNTY OF~~;~~_!wt GRANTOR: THIRD PINE: FLOOR PARTNERS, L.P. By: 115 in // s~LLC, its general partner ~~ ~ i ~ j ~ ~~ ~ ~ SS: On this, the ~ day of ~,~~_, 2012, before me, the undersigned officer, personally appeared L who acknowledged himself to be the ~~~~ of 115 Investors, LLC, gen al partner of Third Pine Floor Partners, L.P., a n Sylvania limited partnership, and that he, as such u f(~n,eing authorized to do so, executed the foregoing instrument for the purposes they ' ntained by lignin; his name as such officer. IN WITNESS 1NHEREOF, I have hereunto set my hand and notarial seal. i ~ _. 1 Notary P,u lic ~ rC`t,1(~}p~J~,rl?=ia~'; i1 0~ PI.IVr`':~Y~1~AF~I~, f--- r~~.~rilil lead ---~ it i ',. ~.G~'ll.:~ Cori^/ ~ 1. ~ J _ r JCr. My Commission Expires: (SEAL) CERTIFICATE OF RESIDENCE I hereby certify that the precise address of the Grantee herein is as follows. Third Pine Floor Partners, L.P. 3833 Pamay Drive Mechanicsburg, PA 1705% ~~ l'~ =:~-,~'` -~. --- Attorney or Grantee 4 ROBERT P. ZIEGLER RECORDER OF DEEDS ~~ CLr~VIBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 ~ 717-240-6370 Instrument Number - 201229724 Recorded On 9/27/2012 At 3:50:4 6 PM ~' Instrument 'T}'pe -DEED In~~oice Number - 118363 User ID - KW r Grantor -THIRD PINE FLOOR PARTISTERS L P Y Grantee - TIFIIRD PINE FLOOR PARTNERS L P * Customer - NAINTA SANGHVI FEES STATE WR7:T TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $20.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCE:.OOL $0.00 DISTRICT NORTH MIDDLETON TOWNSHIP $0.00 TOTAL PAID $73.00 * Total Pages - 6 Certification Page DO NOT DETACH This page is no«~ part of this legal document. I Certify this to ~be recorded in Cumberland County PA ,:~ ~' RECORDER O D EDS * -Information denoted by an asterisk may change during the 4~erificati~on process and may not be re]lected on this page. OG2RT1 ~~~'~I~~~~~~~~ ~~I ~~~~~~~~~ It t:sing the ee.me. tract. o!__].and tvhiah-Clsrence Bricker, by his deed--bearing data-tho 26th ie~y i~ November, 1923, acid dead being entered 4r record' is the OSTioe o! the Racor'der of )ee da in and far said CumLSsrland Co utity, in Deed Eiook °II° „ Vpl. 9, page 148, Krar.~~t.ec9. and onveyed unto Sarah L, Men;3aat 6rantar herein: ~ ` TOGrPHEI? ,with all and ainKUlar the tenemerrta, hereditaments and appurtenances to the same elonE3ing, or Sn anyw iae appertaini~, and the reversion e,ndl reVeraiona, L+eDtainder and. , emaindnTa, rents, issues and FS'~'ita thervet; ARD ALSO all the estate, riKht, title, inter- at ,property,cloim and demand ~rhataosver, bath in In M and eG!uity, o! the said party' oP the . lrat part, 02, in, to or Dote cB the said premises, and'everq past and parcel thereat, _ _ n HAVE AND TO BOLD the acid premises, with all and air~E3ular the' aPPurtenaneee., unte~ Cris al d parties of the ae~cond psTt, their-he ire and saaigna, t,o and !ar the only proper use nci behoaT or amid parties ~ the eecond part, the1T he ire end saaigna lorevel. NP the Bald party ~ the flrmt part.. Sex herself and her het.ra, eXeeutora and admitilatratara oes by these 14eaelata, covenant , grant and al3re• to and vit.h Cris said partied of t, Sts awcond art , their heixa and saaigna , that she , the said party of the fir at part , and leer h.•ira ,all r>ri airY3ulas the .hersditsmsnta and 1a•mlaea rieraln above described and granted or mentioned nd intended ao Lo b• .vith the appu4~tenancea unto the asi d part lea rS the eecond Fs-st, heir hel.re and saaigna, e.gainat the acid party oS ti» iirat: part and her heixa, and e~Sainat 11 snd every other Parson ar persona ,.whomsoever, laMfully claiming a! to claim ttie name r any Fart thereaS, mall and +121, by these preaent.a, i4/-FcR/~NT and FO&E:VER ~DEP'g7D. IN WITNESS WHfZtFAF, the anid. party o1' the fir at part has hereunto set her hand aa•ui heal, ha day and year first written above. ' S113ned,aealed snd delivered Sarah L: McT16;ea (REAL} to th3 Presence of ssa: . Merrill F. Hummel L. A. Killizs~er TAi$' OF PB~INSYLVANIA i i SS ' OIINTY OF C~iHERZ,AND ) - ' On this FSSth day nr Juns A.D. 1943 , bet ore ma , e older of Deedo snd Mortgs,ge. a in z:d 1'~ ea id State a~ CouTrty atom the above-name •~ a ~ 71+tezySea snd ackndwlsdtdad. the Sara-~ oirgr~ deed t o be her act and deed: , and d•pired t ~ recaa^ded e-a such, Witness my hand anc 01'ficia:l awal, th^ day a year afeR~ aid, L. A KILLINOER Recnlder ~ Dee -Combs nd Courtty_~a. ldy Comm. exp'frea onday •~ Janua4ry 148 ~ ' H~E$Y CF~'tTSP'Y THAT THB_RESIDENCE 27D POST OFFZCE DF HITHIN GRANTEE IS ~r} 'peer FranjCord Tavnahlp, Cumber larni County,Pa. lJ~ M^ r r i 1'1. F _ Humor 1- 'At t y . _ '0:6932- _---- - 7` - THIS DEED. - ~ ~ uluT6D `STATES `;~ ldad e t t~s 4th day ~ Juns in L ha year of dux L ar d M. J. F'ET'TER ET ~C ~ NJF^-FF-$16,5 oes thousand nine hundr.d snd 2^ar ty-i.,er.• , T0= ~- IMTEI~W. ~rEMYt BIs"PwEEN WZLLIAl+1 J,- FE7rTFZ2 and F'ANNZE FETTI~2'. hla HON.AS A . SHrwARER ET L"X ~ Juns 4 , 1943 ~+' 1Se , df the $,~ oul3h ~ Car lie le , County e3f Cumber- ONE-$1,00 I ~I;b~[MTRRY I ~~ and State 6t PennaylVSnia, Grante¢a, OC: N. 1SIDDLE,TOT: TWP. j end. TFtaMA3 A. sF_EAP.FSt.and M. V:LOLA SHEARL~c, his wise SAT=JUNE 4,1843 XcG_ the peme places, Grantees: NT: JURF. 6 , 1943 TW ISCN~BEZlH , ttat in o onald•rati on of .nee d ol]ar 'red aLllar !rood and ----------------------Yvalusble c onaid•ratioa9 In hand paid , the receipt where of is hereby e,c3movledged, the said Krant~s do tier•by Krant and convey to the asid grantees their heir°a and sea igne , ~ p tly P: ;otitis ALL the folld~intS:deaoribed tracts ~ land eltuat•d~in N'ortt~Middleton Teonahip, Cumber- land County, Pennsylvania, bounded and deaoribed ae Pollowa: - __._--- TRACT NO, 1. BFI:ZNNZNG at e. point in the earner ~ the Turnpike Road at line oP lands ~ Ceat;3e Ruhl; thence alonK the line oQ'- said lands, North 1g degrees 27 ~minuteaWat ^123.6 - -. perches to a point; theno• by ttie came l.ande Booth 87 degrees 45 minutsa We at 7.v perches t o a point at lino of lands ~ Thamsa Car at hers; thence by' the same North 23 degrees 10 minutsa Peat 20 perches to a :point in th® center df the C. V. R.R_; thence by 'ttsa same cad alory3 the line aS lands ~' Wm. H. Luppert Nth B2 del3rees 35 minutes East BD ,2 'perches ' toe point; thence by tti• arms lands North le degrees 25 minutsa West :51.5`~,perchea to a point in the oenter of the State Road; thence by the aamo North 45 degrees 18 minutsa East 11.0 perches to a point at lino of land oi' Joseph Poaler;• thence by the name and e.lon$ said r oeid• North 86 degrees 45 minutsa , Fhat 56.9 perches t o a point et line ~ land of said Ge ergs ~i, Sbaler; thence by th,e same Bout h- 14 deE{lewe 29' minutsa E;n,at 41.4~perche~ to a. point in - tke ebnter of the C. V, R.R. ; thence by the arms south B2 'degrees 36 minutes We at 15 ,6 Perches to a point; thence by the tams lands Bouth20 degrees 29 miautea Eaat 119,;(- perches to a point In ttie center of the Turnpik„ Road aSareaaid; threes alonES tsaid r.aad and by land oY the heixa a1 Lemuel Todd, deceased, eolith 69 aegreea 45 minutsa Wea't 18.7 perches to s point; Chance by the same lan:ia south 21 minutsa FS~at 67,9 perches to a point; tlienee by the cams lands south 51 degrees Weat 53.4b perches •to •~ point thence by lands of Si:1aa H. Stuart 6outh 53 deK1`eea.Weat !53.65 .perches. to a point; then.o•• by land ~ the heixa aS HemmitU3er, Nth 3 degrees 56, minutsa West, 100,4 perches toy a point in the center cf the ' TurnpiKe Road aSor•paid; thanca.by asid TuT_npike Road and Lnda of CreorKs• Ruhl, North B9 ' ds{;reea 45 minutes Eat 17.6 peschea t'o the place of beginning. Contalnit~5 1A6,3 acres. - (LESS, $OWbVESt, the two tracts of land sggrsgating ll,a7 acre +hich by deed dabbCt the 11th day oS October 1909 and reeardad in asid County of Cumbsrlsnd,'in Deed book "N', Vol.7 ,page 358, etc, was convoyed to the Valley Seal Pat ate Company by the heirs-at-law o2' George S.(, BoaleT , decaaGed,] . BeissE3 the same tTaat of la ad whlcty Everett P, Barnard and Eliza B, Barnard, his tvifE, in her r1E5ht , Joseph P, Mc3Ceahan and Graae F. Boalsr., pcrs, of Abs-m f3oaler , deceased , Grace ' P`. Boller , widow , ladivldusllY and Robi neon BOalar , airfl3le , by their deed dated march 20 , 193b reoardad in the Rec~derFa OSSic• in end re2` Cutnberlartd ~Ceunty in Dsed book °N^,Vol,ll, p~o;`sold and conveyed Lo R'illie.m J, ~'ettsr and Fannie Fe•EL•r, his wife, Grantors b,rein. Q to-~3sy J ~:L-1~J-c~1~1- _~, _~ rr7lr<11J1n iiLH'_t~ .-~ _ .-_ TRACT NO. 2. BFI~INNZNL~ at s point in the 6tste Read to Newville by Land e]' William J. Fetter; 'thenoe by said land et William .~.. F,etter south 12 degsee's 45 minutes Rbltt 33.9 pea+chea to a point; ,thence by •],snd of the Pennsylvat'~ia `Ra'tlrOad south 88 degresa 45 minutsa_ F~eL 45.7 perches Lo railroad iron; the nos by the esrae North 8A degresa 10 minutes Plat 28.3 'Per ahsa to a stake; thnnae_by land ~ R_ R_ Lay North 3 degree a. 15 fainutss-Ebet'2$.6 pelcl~el~ to an iron plri Sn the - Stats Road to Newville i, thence aloeE{ the middle cif esid road by acid kind to r, point in the State Road, the place of beginniri[C. , 9eing the rime tract of Lpd which .l~'rederic LS,.Larrence end MerF3aret F3, Lawrsnae, h1a pife, by their deed dated December 19', 1936,, recorded in.thw Rsooeder'a OtYtae afoTeasid in Deed 8gok ^R^, Vol. ll~. ~e-6e 371 , sold end c enve yed t.o -William J, Fetter and .Fanrite Fetter , f~is wiYe-',~- GTan't or~a-' here ln~ F3CCF~'TING, ,However, Sr am Lhia aenveya7lce two parcels of gl'ourid loelstad at the eastern end of Tract Ne. 2 hereinbetose deetcribed, one havisY3 a tsontaga a? sixteen Seat on 'the Newville Road and ext~yiding from the cent e= thesseY an oven width 207 feet In depth to an allegr, beinK that poptioa sbo.n as a, ptopoagd alley ,at .•t he eastern. end of the PLn oS Lots of -the esid William J. Fatter (Weatminiater 1SandC) , sece=ded. iri _Cumberland County in Plan Beok •No. 3, pe,ge B7 , rind boinE3 the asfAe,, par eel oon~-eyed by the said William J. Fetters eL ux •untc Floyd F]dward warner, et ux by ~daed dated Juae 22,1942, ~q+opoaed to be dedicated by Floy(f! Warrisr as an alley oT•the said plan to be substituted fee an alley ad~scent thsxete at the wsaterri end atf the Plsn ed' Lota of Edward R. Lay, in; thi~-bweltt. the.t ea id ad~aoent alley can be eleasd' by said Floyd E. Warner , and the other ezceptioa fsam this aonveyanos be1nK LoL No, 1 of .that asrtain Plan df Lota of the esid William J. Fetter . afcreaaid, haviry3 s frgnta8e ot. sixty Seat on said Newville Raad and .s, depth traQa the center eY the ea td resd•20 7 teat to an alley, whioh'wsa cenveysd by the a1~id W..i'~lliam J,. Fetter et ux unto Charles, A, Murphy, et ux, by deed. dated .Tuns •22, 15142. BVHJ~T N$VERTHELES3, - that ie to say, that that portion off Tract No_ 2 herein conveyed ahawn upon the Bald Plan at Lute as laid cut by the said William J, Fetter. and secorded in Cumberland County in Plan Book No. 3 , paE,e BT , _a hall be sub~eat tip said plan and also sub~eet to the same restriationa contained in the d_trad ~ the ea id WS111am,J, Fetter et ux unto Char lea A. 1furP~y, At ux dated June'22,1942, which ea id seetrietioria ,r1+e.ae tyl:lerra: . 1: - ]QO buildir~5 or any part therecff, ei~Ghbr atsuctusal aT c~riamental. of whstever-charactes,altsl! be nearer to the 6errter line ~ the ~Carlielp Newville Rosd iyhsn tiSty-(5o) feet, nor ehe,ll such bui]tti~ ar any p,rt there o t a[~ any nature be nearer .L',o _t he aide line of any let or ISroup of lots darn seven end one "halS (7~) 'Peet, • 2: - Buildings shall be used for no pvSpo9e other tha11 that ~ s prive,te dwe]..llz~ house a2~ psivate 3: - Re 1ot'df ground on the Carlislw-NeWVi~lle Reed, shall be Bold. with a troritaF;e of leas than tlft; five (55) test. 4: - Ne etirueture shall be erected on any lot er lots other than one airlgls re one deubla detached dwelling h'oue6 t cLiet her with ~ Svate (3arabe . _ 6: - Trio actual coat a1' esecti~ a eir~le dwallloK house shall nctt be.lese than Three thousrid 0500) dollars; alnd the actual ogat of sreCtlnt3 a double dwellint3 heuee. shall. not be less than Five thousand 05000,) d allere', - 6: - '-Bo lots shall" be weld ar occupied by any, person nor pesaena erth.er Chas mdmbers of the Caucasian Race and Citisena of the IInited States. This raetrietion,ahall not prihibit eels ar Conveyance to eny ccrpeCation directed by such person. _ _ - 7: - 'Ne timrfl , t5etal, ~oa^ masonry fence! shall bs sreel;ed on esid.. lots which eXCeed Your (4) feet i n he .t8 ht . ~ _ . 8: - _No till atbes than eASth. rocks, ela!{. brick, concrete i'rs,ga~enta, or ashes shall be used Tar any pus~7-cee'on thnee -lots. ....,. A1QD, the'"aaid 8rantora', do hereby Covenant and sgsea to and with-the said ESranteea, that they, the E3ranteu~e Choir hei;n, executors aria adminiatsatara, shall and. will. warrant ~Cenesally and forever detend'tha herein'e.bwe'deecribed'premieea, wtth the hereditamentai and appurtenances. unto the Bald l3santaee thnlr hs17Pa and saai~3na, e.gainat thb acid 13rantore, end rgainat suety e=ther person lawfully clalminK ar who shell hereattes claim the same at any ;part thereif,. IN WTTN1i88 WHF;4tEOF, said Brant~a have heisunto-set tbai_T hQndai and aeale~the dsy and year fl=at ubeve wrttten, ' Si$ned,saaled and Dalivesed William J. Fetteir ~ -(SEAL) 'in the Presence of Fann.is Fetter(SEAL) ~. 8 . Ld . Fs a hn C. o. Mirmiah Stets ~' P3s'NN3YLVANIA) ss COIINTY OF CUlLHP12LAND On`thie, Cho 4th day Of ~Tltne 1943 .-betoze ms, s Notary Publio !.n and for esid County and 6tate , $;.he underel.~3ned drrYrer ; personally appeared Milliam J. as and Fannie Fetter , hie wife kAavn to me (or aatisl'actarily proven) to be the peraena wh i7s •• aubderlbed to the within instrument and saknowled(;ed Lhat they e~ceoutsd the name t ~mt*.po s .therein.-eentalried, r/~ IN WITNffi$ %HFsREOFs Y heseunto set my hand and oftlatal cal. - ~ ~~/"' ` . Hattie Fsehn (SEAL) • G l~/,11 Notes y Publio-My nom, ex. oh ES, 7 = deb heseby.aertify'that the pTeciae residents nt the rithi grantee ie 263 So,Pitt 8t. , Car lie le , Pa : - June 4, 19415 Ray 'I'. Harrl.gsn - Att grney for grant:eea, CERTIFICATE OF SERVICE I hereby certify that on this _~ day of October, 2012, ~a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the fallowing: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (' ~~' 13 ~~ ' ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the-nekt -_.' Argument Court.) CAPTION OF CASE ,_, (entire caption must be stated in full) ~, Roy A. Lindstrom, Kimberly J. Lindstrom, Terry L. Arbogast, Patricia K. Arbogast, Jerry L. Miller, Rick A. Hoover, Laura C. Hoover, Merle L. Gayman ~_.~ _ Harold R. Calaman, B. Charles Calaman, Mary Russell, Stanley L. Brehm, Kimberly A. Brehm, Joseph D. Grimes, Paul R. Boyer, Margaret M. Boyer,..mA Richard A. Stephens, Roberta A. Stephens, Lisa H. Lang, Richard L. Matthews, Joseph E. Laughman, Trevor J. Onukiavege, William A. Case, Jr., and ~ "~ " Suzette A. Case _ VS. `__ Third Pine Floor Partners, L.P. No. 2012-5836 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Petitioners' Preliminary Objections to Answer, New Matter and Counterclaim of Respondent Third Pine Floors, LP 2. Identify all counsel who will argue cases: (a) for plaintiffs: Nathan C. Wolf, Esquire -- (Name and Address) Wolf & Wolf, 10 West High Street, Carlisle, PA 17013 (b) for defendants: Jillian M. Golden, Esq. and Angela McGowan, Esq. (Name and Address) Rhoads & Sinon LLP, One South Market Sq., P.O. Box 1146, Harrisburg, PA 17108-1146 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 21, 2012 v 1 ~i l l is /l. dev'\.... Print your name 1~ ~ ~/ _~ ~ Attorney for e I loner, Ir Ine Date: o(.` Floors Partners, L.P. INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ~ I q' ~r~ a ~~ C~I~ ~ I ~ ~ Timothy J. Nieman, Esquire, Attorney I.D. No. 66024 Jillian M. Golden, Esquire, Attorney I.D. No. 206510 Angela McGowan, Esquire, Attorney I.D. No. 206890 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Respondents, Third Pine Floor Partners, L.P. ROY A. LINDSTROM, et al. Petitioners v. THIRD PINE FLOOR PARTNERS, L.P. Respondent ENNSYLVAN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2012-5836 CIVIL TERM PRAECIPE FOR SUBSTITUTION OF COUNSEL TO THE PROTHONOTARY: Kindly enter the appearance of Timothy J. Nieman, Esquire as counsel for Respondent Third Pine Floor Partners, L.P. By: Timothy J. Neman, ' a. I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor Harrisburg, PA 17108-1146 (717) 233-5731 WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of Jillian M. Golden, Esquire, as counsel for Respondent Third Pine Floor Partners, L.P. By: 952705.1 Jill' T M. Golde `' a. I.D. No. 206510 ADS & SINON LLP O e South Market Square, 12th Floor Harrisburg, PA 17108-1146 (717) 233-5731 CERTIFICATE OF SERVICE I hereby certify that on this 2,0° day of May, 2014, a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013