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HomeMy WebLinkAbout12-6962BRUCE E. DAMS and IN THE COURT OF COMMON PLEAS OF CINDY L. DAMS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ~~ No. 2012 - ~Q(pa~ ~ vi ~ ~e~r~ v. CNIL ACTION - IN EQUITY WILLIAM RAND JR., AMANDA RAND, CONNIE L. RAND TOMMY E. BARRICK, SHARON S. BARRICK, c~ ~,,,, ~_:• BETTY J. WARNER, and ~~ , ~' .,..i SUSAN J. STAUFFER, 2 r~i, ~ ='= -n c.~ ~-__ Defendants ~?, ~ ""~ -cJ, i ~~ M V NOTICE "'~ ° ~ ~ ~' s5. -~ ~, ~ ~ ~ ~~~ .~.. n~ a ~: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clads het fo in the following pages, you must take action within twenty (20) days after this Compl aint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ~ ~03.~ s Po grry ~-~a~ia e~as3i~( BRUCE E. DAMS and CINDY L. DAMS Plaintiffs v. WILLIAM RAND JR., AMANDA RAND, CONNIE L. RAND TOMMY E. BARRICK, SHARON S. BARRICK, BETTY J. WARNER, and SUSAN J. STAUFFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2012 - CNIL ACTION -INEQUITY COMPLAINT AND NOW, comes the Plaintiffs, Bruce E. Davis and Cindy L. Davis, by and through their attorneys, Salzmann Hughes, P.C., and aver the following: 1. Plaintiffs, Bruce E. Davis and Cindy L. Davis, husband and wife, are adult individuals residing at 201 Pipeline Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter collectively referred to as the "Davises"). 2. Defendants, William Rand Jr., Amanda Rand and Connie L. Rand, are adult individuals residing at 838 Shed Road, Newville, and Cumberland County, Pennsylvania 17241 (hereinafter collectively referred to as the "Rands"). 3. Defendants, Tommy E. Barrick and Sharon S. Barrick, are adult individuals residing at 709 Shed Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter collectively referred to as the "Barricks") 4. Defendant, Betty J. Warner, is an adult individual residing at 217 Pipeline Road, Newville, Cumberland County, Pennsylvania 17241 and Defendant, Susan J. Stauffer, is an adult individual believed to be residing at 2271 Hobson Road, Lancaster, Lancaster County, Pennsylvania 17602 (hereinafter collectively referred to as "Warner/Stauffer"). 5. Pursuant to Pa.R.C.P. 1062, venue is proper in Cumberland County as all property subject to this action is located in Cumberland County, Pennsylvania. 6. Davises are owners in fee simple of two (2) adjacent tracts of real property located in Lower Mifflin Township, Cumberland County, Pennsylvania. 7. Davises first tract contains approximately fifteen (15) acres of unimproved land identified as Parcel No. 15-03-0057-031 and as more fully described in that certain Deed dated September 16, 1994 from Beulah M. Clouse, Lee A. Clouse, Patricia A. Clouse, Galen R. Clouse, and Wanda L. Clouse to Bruce E. Davis and Kathy A. Davis and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 111, Page 1180 (hereinafter referred to as "Davis 15 Acre Parcel"). A true and correct copy of said Deed is attached hereto as Exhibit "A" and incorporated herein by reference. A true and correct copy of a deed dated February 26, 1996 from Bruce E. Davis and Kathy A. Davis to Bruce Eugene Davis is attached hereto as Exhibit "B" and incorporated by reference. A true and correct copy of a deed dated February 25, 2004 from Bruce Eugene Davis to Bruce E. Davis and Cindy L. Davis is attached hereto as Exhibit "B1" and incorporated by reference. Davis 15 Acre Parcel is more fully described as follows: ALL the following unimproved mountain land situated in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a dead maple; thence North 59 degrees West, 98 perches to a stone; thence by lands now or late of John M. Woodburn, North 69 % degrees East, 60 perches to stones; thence by land formerly of George Hurley, South 24 '/z degrees East, 77 perches to stump and stones; thence South 68 degrees West, 4.5 perches to the place of BEGINNING. CONTAINING 15 acres and 11 perches and allowances, etc. 8. Davises second tract contains approximately seven (7) acres of unimproved property identified as Parcel No. 15-03-0057-030 and as more fully described in that certain Deed dated May 12, 2009 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument # 200915773 (hereinafter referred to as "Davis 7 Acre Parcel"). A true and correct copy of said Deed is attached hereto as Exhibit "C" and incorporated herein by reference. Davis 7 Acre Parcel is more fully described as follows: ALL that tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, as further described in a boundary survey prepared by Eugene A. Hockensmith dated June 21, 1985, more fully bounded and described, as follows: BEGINNING at a point at an iron pin at the southeast corner of the tract herein conveyed at the point of intersection with lands now or formerly of Guy T. Miller et ux. and lands purported to be owned by Mildred P. Barrick; thence along lands of said Guy T. Miller et ux., South 66 degrees 57 minutes 51 seconds East, 232.94 feet to an iron pin; thence along lands now or formerly of Lee A. Clouse et ux., North 26 degrees 26 minutes 18 seconds West, 1295.55 feet to an iron pin set in a rock pile; thence along lands now or formerly of Mildred P. Barrick, North 68 degrees 36 minutes 19 seconds East, 265.85 feet to an iron pin in a rock pile; thence along lands purported to be owned by Mildred P. Barrick, South 25 degrees 00 minutes 00 seconds East, 1286.41 feet to an iron pin, the place of BEGINNING. CONTAINING 7.3756 acres. 9. William Rand, Jr. and Amanda Rand are the fee simple owners of a one-half (1/2) interest of 838 Shed Road, Newville, Cumberland County, Pennsylvania by virtue of their deed dated September 1, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 265 Page 704 (hereinafter "Rand Property"). A true and correct copy of the aforementioned Deed dated September 1, 2004 is attached hereto as Exhibit "D" and incorporated herein by reference. 10. Connie L. Rand is the fee simple owner of aone-half (1/2) interest of 838 Shed Road, Newville, Cumberland County, Pennsylvania by virtue of her deed dated December 13, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 150 Page 608. A true and correct copy of the aforementioned Deed dated December 13, 1996 is attached hereto as Exhibit "E" and incorporated herein by reference. 11. The Barricks are fee simple owners of RR Shed Road, Newville, Cumberland County, Pennsylvania by virtue of their deed dated May 29, 2008 and recorded in the Office of the Recorder of Deeds in and for Cumberland County as Instrument No. 200819882. A true and correct copy of the aforementioned deed dated May 29, 2008 is attached hereto as Exhibit "F" and incorporated herein by reference. 12. Warner/Stauffer are the fee simple owners of 217 Pipeline Road, Newville, Cumberland County, Pennsylvania by virtue of their deed dated September 10, 1999 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 207 Page 1114 (hereinafter "Warner/Stauffer Property"). A true and correct copy of the aforementioned Deed dated September 10, 1999 is attached hereto as Exhibit "G" and incorporated herein by reference. 13. Since 1994 when the Davises first had an ownership interest in the Davis 15 Acre Parcel and continuing from the time Davises purchased the Davis 7 Acre Parcel, Davises, and their predecessors in title prior to at least 1994, have accessed their land via a "jeep trail" extending from the intersection of Lower Mifflin Township Road T-412 and T-413 along a "private road" on the Warner/Stauffer Property, then across the Rand Property via the aforementioned "jeep trail", and then across the Barrick Property via the aforementioned "jeep trail" to Davis 7 Acre Parcel. 14. Attached as Exhibit "H" is a depiction from the tax mapping department of Cumberland County showing the relative positions of Davis 15 Acre Parcel, Davis 7 Acre Parcel, Warner/Stauffer Property, Rand Property, Barrick Property, the "private road" and the "jeep trail". 15. The "private road" that crosses over the Warner Property is shown on the Final Subdivision Plan for Garlin B. Warner and Betty J. Warner dated June 6, 1986 and attached hereto as Exhibit "I" and incorporated by reference. 16. The portion of the "jeep trail" which crosses over the Barrick Property and Rand Property is shown on a Boundary Survey of Two Tracts of Mountain Land dated June 21, 1985, which a copy of said Boundary Survey is attached to and incorporated into the deed dated June 27, 1985 and recorded in Deed Book I, Volume 31, Page 563 in the Office of the Recorder of Deeds in and for Cumberland County. (See Paragraph 31 (d) and Exhibit "P'). A true and correct copy of the Boundary Survey of Two Tracts of Mountain Land dated June 21, 1985 is attached hereto as Exhibit "J" and incorporated herein by reference. 17. There is no easement or right of way of record granting Davis's access to their property. 18. In the Deed dated September 16, 1994 in which the Davises received title to the Davises 15 Acre Parcel, said Deed states "together with all of the Grantors' rights, if any, of access to and from the herein in conveyed land to the public road known as ."(sic) See Exhibit "A " referred in said Deed is Pipeline Road. It is believed that the public road 19. The attorney for the Rands and Barricks acknowledged in writing that Davises have the right to use the jeep trail up to ten (10') feet in width to access their property. A true and correct copy of the letter dated February 7, 2012 is hereby attached as Exhibit "K" and incorporated herein by reference. A true and correct copy of the letter dated April 18, 2012 is hereby attached as Exhibit "K1" and incorporated herein by reference. 20. The attorney for Betty J. Warner and Susan J. Stauffer acknowledged in writing that the Davises have access to their properties via an existing gravel road which includes the "private road" referred to in paragraphs 13 and 14. A true and correct copy of the letter dated February 3, 2012 is hereby attached as Exhibit "L" and incorporated by reference. COUNT I -ACTION TO QUIET TITLE EXPRESS EASEMENT DAVIS V. BETTY J. WARNER AND SUSAN J. STAUFFER 21. Paragraphs 1 through 20 are hereby incorporated by reference as if set forth at length herein. 22. The "Private Road" is clearly marked as a private roadway on the Final Subdivision Plan for Garlin B. Warner and Betty J. Warner, dated June 6, 1986. 23. Warner/Stauffer have not objected to the Rands, Barricks, and Davises use of said "private road" to access their respective properties and to access the aforementioned "jeep trail." 24. In the chain of title for the Rand Property, the deed dated March 30, 1959 where Guy T. Miller and Beatrice M. Miller conveyed the property to Wilmer I. Hoover and Alice M. Hoover, clearly states "together with the right to use of the private driveway in conjunction with the Grantors, said right inure to the benefit of the heirs and assigns of the Grantors and Grantees." A true and correct copy of the aforementioned deed dated March 30, 1959 is attached hereto as Exhibit "M" and incorporated herein by reference. 25. It is believed and therefore averred that the private driveway referred to in the previous paragraph 24 refers to the private road across the Warner/Stauffer property establishing a granted access to the Rands. 26. The attorney for Warner/Stauffer acknowledged and expressly stated, in writing, that the Davises have the right to access their property via the "private road"; thus, creating an ambiguous express easement. See Exhibit "L ". 27. The "private road" is marked as a ten (10') foot wide roadway. 28. Davises desire that their rights to use the "private road" be verified by confirming their right to use said private road to access their two (2) parcels and by defining the terms of said right-of--way. WHEREFORE, the Davises respectfully request that this Honorable Court enter an Order granting the Davises, their heirs, successors and assigns a fifteen (15') foot wide Right of Way, with a ten (10') foot wide cartway, in perpetuity and enjoining Defendants, Betty J. Warner and Susan J. Stauffer, from restricting the Davises, their heirs, successors and assigns from the reasonable use and enjoyment of the Private Road and any other relief as this Court deems appropriate. COUNT II -ACTION TO QUIET TITLE EXPRESS EASEMENT DAMS V. RANDS AND BARRICKS 29. Paragraphs 1 through 28 are hereby incorporated by reference as if set forth at length herein. 30. The attorney for the Rands and Barricks, in his letters dated February 7, 2012 and April 18, 2012, acknowledged the right of the Davises to use the jeep trail to access their properties; thus, creating an ambiguous express easement. See Exhibits "K"and "Kl ". 31. The following deeds describe the chain of title for the Davises and the previous three property owners for the Davis 7 Acre Parcel: a. From May 12, 2009 to Present, the Davises have been the fee simple owners of this parcel by virtue of their deed dated May 12, 2009 and recorded in the Office of the Recorder of Deeds in and for Cumberland County. See Paragraph 8 and Exhibit "C"; b. From April 19, 1996 to May 12, 2009, Adam E. Hollenbaugh was the fee simple owner of the subject parcel by virtue of his deed dated April 19, 1996 and recorded in Deed Book 139 Page 927 in the Office of the Recorder of Deeds in and For Cumberland County. A true and correct copy of the aforementioned deed dated April 19, 1996 is attached hereto as Exhibit "N" and incorporated herein by reference; and c. From July 2, 1986 to April 19, 1996, Harvey E. Hollenbaugh and Alecia K. Hollenbaugh were the fee simple owners of the subject parcel by virtue of their deed dated July 2, 1986 and recorded in Deed Book Z, Volume 31, Page 869 in the Office of the Recorder of Deeds in and for Cumberland County. A true and correct copy of the aforementioned deed dated July 2, 1986 is attached hereto as Exhibit "O" and incorporated herein by reference; and d. From June 27, 1985 to July 2, 1986, George E. Blessing was the fee simple owner of the subject parcel by virtue of his deed dated June 27, 1985 and recorded in Deed Book I, Volume 31, Page 563 in the Office of the Recorder of Deeds in and for Cumberland County. A true and correct copy of the aforementioned deed dated June 27, 1985 is attached hereto as Exhibit "P" and incorporated herein by reference. 32. The deeds referred to in Paragraph 31 all refer to the Boundary Survey prepared by Eugene A. Hockensmith dated June 21, 1985, which a copy of said Boundary Survey was attached to and incorporated into the deed dated June 27, 1985 referred to in Paragraph 31(d). 33. The Boundary Survey clearly marks the location of the "Jeep Trail" and thus the Right of Way across the Rand Property and Barrick Property to the Davis Parcels. 34. A cartway or jeep trail is defined as a road used by carts or a road used by jeeps. 35. The Parties, and upon information and belief their predecessors in title, have never discussed nor placed in writing the width of the Easement. 36. The Jeep Trail is of varying widths and in limited locations is only eight (8') feet in width and in the majority of locations is ten (10') feet in width. See Exhibit "Kl ", April 18, 2012 Letter from Attorney Richard Webber, Jr. 37. The standard shoulders of a public road are three (3') feet on each side and therefore, the right of way should be a total width of fifteen (15') feet at a minimum. 38. The Davises and their predecessors in title have accessed their two (2) parcels via the Jeep Trail for the reasonable use and enjoyment of the property including but not limited to the timber harvesting of the two (2) parcels. 39. The Rands and Barricks have placed stakes along the Jeep Trail and/or have undertaken other means to narrow the Jeep Trail making it unfeasible and dangerous for the Davises to access and to timber their parcels; thus, prohibiting the Davises of the reasonable use and enjoyment of their two (2) parcels. 40. The Davises vehicles, including jeeps, tractors and trucks, are unable to safely navigate the Jeep Trail with the stakes placed by the Rands and Barricks and/or other means taken to narrow the Jeep Trail. 41. Prior to the placement of stakes and other attempts to narrow the Jeep Trail, the Davises accessed their parcels with vehicles, tractors and trucks. 42. The Davises are unable to safely access their parcels with vehicles, including trucks typically used in the timber harvesting industry, in order to reasonably use and properly enjoy their parcels including but not limited to the responsible timber harvesting of their parcels solely because of the actions of the Rands and Barricks. 43. In order for the reasonable use and proper enjoyment of the granted ambiguous express easement, the Davises require that the stakes be removed and that the width of the acknowledged easement be clearly defined and uniform throughout the length of the express easement. WHEREFORE, the Davises respectfully request that this Honorable Court enter an Order granting the Davises, their heirs, successors and assigns a clearly defined fifteen (15') foot wide Right of Way, with a ten (10') foot wide cartway, in perpetuity, enjoining the Defendants from restricting the Davises, their heirs, successors and assigns from the reasonable use and enjoyment of the Right-of--Way and any other relief as this Court deems appropriate. COUNT III -ACTION TO QUIET TITLE EASEMENT BY PRESCRIPTION DAVIS V. ALL DEFENDANTS 44. Paragraphs 1 through 43 are hereby incorporated by reference as if set forth at length. 45. This Count is based on the theory of an Easement by Prescription and is asserted in the alternative in the event that the Court does not find an Express Easement in Counts I and II. 46. There is no easement or right of way of record granting Davises access to their properties. 47. The following outlines the chain of title for the Davis 7 Acre Parcel for a period of twenty-one years: a. From May 12, 2009 to Present, the Davises have been the fee simple owners of this parcel by virtue of their deed dated May 12, 2009 and recorded in the Office of the Recorder of Deeds in and for Cumberland County. See Paragraph 8 and Exhibit "C": b. From April 19, 1996 to May 12, 2009, Adam E. Hollenbaugh was the fee simple owner of the subject parcel by virtue of his deed dated April 19, 1996 and recorded in Deed Book 139 Page 927 in the Office of the Recorder of Deeds in and For Cumberland County. See Exhibit "N"; c. From July 2, 1986 to April 19, 1996, Harvey E. Hollenbaugh and Alecia K. Hollenbaugh were the fee simple owners of the subject parcel by virtue of their deed dated July 2, 1986 and recorded in Deed Book Z, Volume 31, Page 869 in the Office of the Recorder of Deeds in and for Cumberland County. See Exhibit ~.~ ~, 48. It is believed and therefore averred that the Davises, and their predecessors, Adam E. Hollenbaugh and Harvey E. Hollenbaugh and Alecia K. Hollenbaugh, have openly, notoriously, hostilely, visibly, permanently and continuously used the "private road" and "jeep trail" to access the property known as Davis 7 Acre Parcel. 49. It is believed and therefore averred that the Davises' predecessors attempted to negotiate a formal right of way agreement with the Rands and Barricks. No agreement was reached. 50. Upon the purchase of the Davis 7 Acre Parcel in 2009, the Davises have continued the hostile, open, notorious, visible, permanent and continuous use of both the "private road" and "jeep trail." 51. The Davises and their predecessors in title use of the "private road" and "jeep trail" was hostile, as they did not receive confirmation until after twenty one (21) years of open, notorious and continuous use when the Davises received the aforementioned letters described in paragraphs 19 and 20. 52. The Davises and their predecessors as listed in Paragraphs 47(b) and 47(c) open, notorious, hostile, visible, and continuous use of the Right of Way extended to a width greater than eight (8') feet, as both the Davises and their predecessors in title used vehicles and trucks, including trucks associated with timber harvesting, to access the Davis 7 Acre Parcel, which said vehicles and trucks require a width greater than eight (8') feet in order to safely navigate and negotiate the jeep trail to and from Davis 7 Acre Parcel. 53. The use and width established during the prescriptive period was in excess of eight (8') feet and is of a width necessary for vehicles, including but not limited to vehicles and trucks standardly used for timber harvesting, to safely traverse the Jeep Trail. 54. After the twenty one (21) years was established, the Rands and Barricks placed stakes and undertook other steps to narrow and mark the Right-of--Way; thus, increasingly narrowing the easement which was established by an easement by prescription. 55. By reason of the open, notorious, hostile, visible, permanent and continuous use of the jeep trail and private road for twenty one (21) consecutive years, the Davises have established a right of way in excess of eight (8') feet in width and closer to fifteen (15') feet in width across the private road and jeep trail. 56. The Davises desire that a right of way be granted with a width of at least fifteen (15') feet, which is necessary for the Davises to continue the reasonable and proper enjoyment of the easement which has been granted to them by their and their predecessors' open, notorious, hostile, visible, permanent and continuous use over atwenty-one (21) year period. WHEREFORE, the Davises respectfully request that this Honorable Court enter an Order granting the Davises, their heirs, successors and assigns access to and use of a fifteen (15') foot wide Right of Way, with a ten (10') foot wide cartway, in perpetuity, enjoining Warner, Stauffer, the Rands and the Barricks, their heirs, successors and assigns from restricting the Davises, their heirs, successors and assigns from the reasonable use and proper enjoyment of the Right-of--Way and any other relief this Honorable Court deems appropriate. Respectfully submitted, SALZMANN HUGHES, P.C. Kurt~E~R~Villiams, Esquire Attorney ID #75963 Jason E. Kelso, Esquire Attorney ID # 209107 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Fax: (717) 249-7334 Attorneys for Plaintiffs 3~~ m~ K ~.q,,~ T.^ r.ral aabr: n•m-oes~-on i~ MADE this ~~ day of . n J.._.1.dJ , 1994, T B E T W E E N BEOLAH M. Qi.OUSE, widow, of 20 Clouse Road, Nawvilla, PA 17241, and LES A..- CIAUSE and PATRICIA A. CLOUSE, husband and wife, of 966 Doubling Gap Road, Newville, PA 17241, and GALEN R. CLOUSE and WANDA L. CLOUSE, husband and wife, of 20 Clouse Road, Newville, PA 17241, "GRANTORS". A N D sad PATSY A. DAMS, hie wife BRUCE E. DAVIS~ of 201 Pipeline Road, Newville, PA 17241, "GRANTEE". WITNESSETH, that in consideration of the sum of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS do hereby grant and convey in fee siaple to Hald GRANTEES, their heirs and asaigaa as tenants by the eatizeriea ALL the following unimproved mountain land situated 1n Lower Milflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a dead maple; thence North fifty-nine (59) degrees West, ninety-eight (98) perches to a etonef thence by lands nov or late of John M. Woodburn, North sixty-nine and one-half.(69-1/2) degrees East, sixty (60) perches to stones; thence by land formerly of George Hurley, South twenty-four and one-half (24-1/2) degrees East, seventy- seven (77) perches to stump and stomas; thence South sixty- eight (68) degrees Wast, lour and five tenths (4.5) perches to the place of BEGINNING. CONTAINING 15 acres and 11 perches and allowances, etc'. UNDER AND SUBJECT to any restrictions of record. TOGETHER WITH all of the GRANTORS rights, if any, of access to and from the herein conveyed land to the public road t~'0!( 1~. PACf~80 EXHIBIT c~ a ~ ... ,. *~^ known as Aoad. BEING the same premises conveyed unto John H. Clouse and Beulah M. Clouse by dead of Marvin D. Smith and Myrtle Caroline Smith, his wife, by deed dated February 16, 1943, and recorded in Cumberland County Deed Sook "P", Vol. 12, Page 573. AND also being part of the same premises conveyed by John H. Clouse and Beulah M. Clouce by deed dated April 13, 1979, conveyed to I,ee A. Clouse and Patricia A. Clouce, Chnrles L. Clouse and Joann D. Clouse and Galen R. C].ousa and Wanda L. Clouse as Trnstaee, which deed is recorded in Cumberland County Deed Book "K", Vol. 28, Page 164. AND also being part of the same pramisea conveyed by those same Trustees to John H. Clouse and Beulah M. Clouse, as tenants in common, by deed dated August 25, 1981, whict- is recorded in Cumberland County Daed Sook nP", Vol. 29, Paga 102, and thereby vesting an undivided one-half interest in Beulah M. Clouse, one o! the GRANTORS herein. And John H. Clouse dial March 22, 1983, vested of an undivided one-half interest and his Sxecutora and Beulah M. Clouce by deed dated March 2B, 1984, which deed is recorded in Cumberland County Deed Book "R", Vol. 30, Paga 242 (and re-recorded in Cumberland County Deed Book "D", Vol. 31, page 1081, (and reaffirmed Beulah M. Clousa's undivided ane-half interest) to Lae A. Clouse and Patricia •A. Clouse, Charles L. Clouse and Joann D. Clouse and Galen R. Clouce and Wanda L. Clouse. And Charles L. Clouse and Joann D. Clouse by their deed dated March 30, 1994, and recozdad in Cumberland County Dead Book "M", Vol. 34, Page 275, conveyed their undivided interest to Lee A. Clouse and Patricia A. Clouse and Galen R. Clouse and Wanda L. Clouse, GRANTORS herein. The subject property is Tract No. 10 in the above recited deeds and the result of the above recited deeds is to vest ownership of the subject property in Beulah M. Clouse as to an undivided one-half interest as tenant in common and Lea A. Clouce and Patricia A. Clouse as to an undivided one-fourth interest as tenants in common and Galen R. Clouse and Wanda L. Clouse as to an undivided one-fourth interest as tenants in common. AND, •the said GRANTORS hereby specially warrant the property herein conveyed. IN WITNESS WHEREOF, the said GRANTORS do hereby sat their 2 9QOK ~f,i. PAGEiZ$1 hands and seals the day and year first above written. Witness: -,~~t `~ ~"~'LC.cLSEAL) / Beulah M. Clouse _ L`~ous /~A..,~ ,. ~ ~ / _,.z.•,d °-(SEAL) Patricia A. Clouse ,Galan R. Clouse /L`r///~1~~~/~L~SEAL) Wanda L. Clouse STATE OF COUNTY OF CUMBERLANQ `~ On this the 1.%1__ day of S'eD~'e.Y11~I1 , 1994, before me, the undersigned officer, personally appeared Beulah M Clouse, Lee A. Clouse and Patricia A. Clouse, and Galen R. Clouse and Wanda L. Clouse, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their acts and deeds and desired the same to be recorded as such. WITNESS my hand and official seal the day and year first above written. K (SEAL) ~ Nota .Public ~l ;.~~~ 7 Nxralsed • `,ep ~ ,;,0`~' BemAtdx~~sonNUarvRdc 4 ~ Calfde 8010. G,URL01~i1~d ~V • My Coamedorl E~tm Oe0.15,1 ,.,~...,.,,:^. s:•s OK i~.j. PdCE1I82 M ar,:r*.~ a -. ~. 8001( j I do hereby certify that the precise residence and aoaplete post office addr s o the within nasad GRANTEffi is: ~ , 1994 ,~~- ' At orp or ..~,~ ~O n c :T ~~ :n -a rn n ee ~or.~, -r ,-- ~ hl ~ ~'rn r - G ~ ' a 3 ~ O ~~~ COlQ4ONNEALTM OF PENNSYLVANIA : ~ z m° ~~ COUNTY OF CUMBERLAND ? ss. .~ ~ N A RECORDED on this ~ day of ~~ v _ _ A .D. 1994, in the Recorder's Office of said County, in Deed Book Vol. Page ~. Given under my hand an d se al o! the said office, the date above written. V%,s' - /vl ~ ,~ ~ ~~~" , Recorder d~~ ~~~~~ ~~~ ~~~ S ~1 '! Y ~ a Z N ~ N - .y 0 `i , 1' 23 ` R ~ - 4 ~ ~ ~~ a ~ M M M • PdCEi,~ ~ ~ Sys' ~ `" ~. ~ ' S8S 8586 0 .i ,; anxi is P+M -' • _ ~ .. ......... .. .,.r .._ . - RfCORDRRK UfE OMY gig t . ~+ I.. . - •REALTY TRANSFER TAX • . ti'~~ cawallwuoaarPwamwn~ STATEMEq~TOf.YA4,UE .~.: ~ aewwalaRRnalllel ~.,..... - . ,~. aAMIRR114 M Vtle0laf " • St0 DfvO/i0 FOP i1lfiNil(OAf ~ - aad aadlaa and Naga wWl Racardr of Raab vdur n tba toll vabb4eaddalallea k sal wt for1A k Nb daadr_ [~ rMa Ilea daad h.AEIW sw141eaMha~ !r kr_fil. ar (R) a esa araspbn k ddrad• A(Slakala~ et Wua k sot nw4ad Y IM Irendar 1. wholly exaap froe lax bared aw t0 inch IarRaaIINP « 1111 ~Y Nr~. R ~ YO° k aaadai wlRr! ad~lioaal ~[~• -_ E ~ Ana Cad. l 71T 1 Z49-2353 ~ . •.. f~'t :, PA 17013 . . rw IEOUe H. CLOOSE. I.St Q.OUSB, ET eL sEIQCE H. D~vIS eAD [A2flY A. DAMS g66 DOOELIYC ~,p t0~6D 201 PIYII.IIE ROAD ' ara J. . i ...n., - ._ N6Y4Iid.L ~ YA ..i,,:an~.•17241 Y 17 LOWR! MFPLIM TOYMSBIP G11~N _ ..r:.a...:.. ~ . , bIG SYYING 6t~00L D . CT.. LS-03-OOi7-031 t 22.000.00 ., . ,. - • t: i.r.o ,F • . ~ 0.00 '- ~. a: 22 000.00 - sue ~. . h ,.. ~ ~ .. a ~. .,. a ~ . ... .. .. .. .. ...... .. n,.... ,., ~ - . :. Cbark App.Mdale !.a Mlew kr Rawwptiea Claknad , ~ . <... i f. ~:.-~ •t is p'r.. ;.~1• _ . ., ... .^.~WRl.ar kbaab auacd:e : ~~• t • :I .: t i. •ar - ^ Tranhr b hduariel Dawbpahnl Apanry. ^ Trondar b apartt er snow patty. (Atlocb ropy e! opencyblraw posy opnamwlJ. ^ Ttaadar bawau prkdpal sad apart. (Anal mpy of agancy~arow Irv. apnaamNJ. Tax paid prior daad 5 ,.: r .. ' ^ ~Trondan b tlu CeneioaaraoYh, Iba UnHad Stew, and IaarvmwraRtk. by pih, dadimtioa, condamnapon or b Rw o! coadrmneNon. (Atbd tope al ncalaRonJ. . ^ ~Traafer halo rerlpepw le a bolder"ef o monpapa In dafaull. A4oApeps Roek Number ,Papa Numbs ^ carnahi: d.ad (Anod ropy et lha Prier d:rd'. - . .,. :..x.•, . ^ Staubry txponb conwkdalbA, werpa or dMdoa. [Anecb copy s{ arlW:tJ. ^ 016ar (Pkew rxplale wwtplli: domed, 8 Glut than p~lad ebova.t _ - ttwder paeeNMs of la+ai I~elan Niel I (~wa a~{amia~d thk FeW~mawl. keWdlnp etcemrairylnp bdem~aHan. and b Ike bad of ny teiewladpr erd betbi N k kris ~f~d rad~ieylat~ ' ~ ~' ~ . J~~ tM ' :~. (SEE REVERSE) ecaK 111 rACe1184 ~t a..r~" s~~~ THIS DEED, PARCEL I.D N0: IS-03-0057-03I t,,., MADE THE day of _~,~ ` J the year one thousand nine hundred ninety- (199to), BETWEEN BRUCE E. DAMS and KATHY A. DAMS, his wife, of Newviile, Cumberland County, Pennsylvania, hereinafter called Grantors, AND BRUCE EUGENE DAMS, of Newviile, Cumberland County, Pennsylvania, hereinafter called Grantce: if?TNF.SSETH, that in consideration of the sum of One and no/100 (51.00) Dollar, the recdpt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantee, his heirs and assigns ALL the following unimproved mountain land aituued in Lower Mdllin Township, Cumberland County, Pennsylvania, bounded and deacn'bed as follows: BEGINNING at a dead maple; thence North 59 degrees West 96 perches to a atone; thence by lends now or. late of John M. Woodburn, North 69 l/2 degrees East 60 perches to atones; thence by land formerly of George Hurley, South 24 I /2 degrees East 77 perohes to stump and stones; thence South 68 degrees West 4.5 perches to the Place of BEGINNING. CONTAINING I S acres and I 1 perches and allowances, etc. UNDER AND SUBJECT to any restrictions of rewrd, BEING the same premises which Beulah M. Clouse, et al, granted and conveyed to Bruce E. Davis and Kathy A. Davis, his wife, Gnuttora herein, by deed dated September 16th, ] 994 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 111, Page 1180. This conveyance is anon-taxable Transfer from husband and wife to husband. eoua 135 PpCI: 96~ EXHIBIT ~ t AND the avid Grantors hereby covenant and agree that they will warrant generally the property hereby conveyed. . IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day, month and year first above written. ~sE,9t~ BRUCE E. D S HY A. DAMS 80uR :L~v Fr~CE 961, Signed Sealed and Delivered ix the presexce of COMMONWF.,tLTH OF PE'NNSYLY.4NIA: :ss: COUNTYOFCUMBERLAND I, On this, the day of~~ ICY 1 199~p, before me the undersigned ot5cer, Personally appeared BRUCE E. DAMS, known to me (or satisfactorily proven) to be the person whose trams is subscribed to the within instrument, and acknowledged that he executed same for the ptuposestherein contained. IN WITNESS WHEREOF, I herwnto set my hand and sea[. ~so~ ~~ Ll~ - ,5,r oral 6l7 C O MM O N W E r! L T H O F PENNS YL Y. 31MA ; COUNTY OF CUMBERLlND ,~~ On this, the~(D~dsy of 199(1; before me the undersigned officer, PWrot-allY aPP~red KATHY A. DAMS, hb wife, own to me (or aatisBwKorily proven} to be the Peron whose name ie subscribed to the within instrument, and acknowledged that she executed name for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. tfCUd :13J FACE ~6" I do hereby certify that the precise residence and complete post office address of the within named Grantce i9 2d1 Pipeline Road, Neville, YA 17241. 199 ~ Ad rr ry jor C n e COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTYOFCUMBERLAND . RECORDED on this ~ day of AD. 19~ , in the Recorders office of the said County, in Deed Book ~, Page Given under my hand and sea! of the said office, the date above written. IRWIN, McIUYlCHT ~ HUGHES ATTORNEYS BOGit 1.3~ PaGE J~ m '.- - r -~ ~ n ~o~.., c c~ "' ~'~ ~-~ ~ -1 fn ,~~ I .L ~ ~ J3 TI :. ~~~ , THIS DEED, MADE THE as''~`' day of February in the year of our Lord two thousand four (2004}, BETWEEN BRUCE EUGENE DAMS, of Newville, Cumberland County, s Pennsylvania, hereinafter called Grantor, -~ AND BRUCE E. DAMS and CINDY L. DAMS, his wife, of Newville, Cumberland 3 f-+ County, Pennsylvania, hereinafter called Grantees: WITNESSETII, that in consideration of the sum of One and no/100 (51.00) Dollar, the receipt whereof is hereby aclrnowledged, the said Grantor does hereby grant and convey unto the said Grantees, their heirs and assigns as joint tenants by the entireties ALL the following unimproved mountain land situated in Lower Mi$lin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a dead maple; thence North 59 degrces West, 98 perches to a stone; thence by lands now or late of John M. Woodburn, North 69 1/2 degrees East, 60 perches to stones; thence by land formerly of George Hurley, South 24 1/2 degrees East, 77 perches to stump and stones; thence South 68 degrees West, 4.5 perches to the Place of BEGINNING. CONTAINING 15 acres and 11 perches and allowances, etc. UNDER AND SUBJECT to any restrictions of record. BEING the same property which Bruce E. Davis and Kathy A. Davis, his wife, granted and conveyed to Bruce Eugene Davis, by deed dated February 2b, 1996 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 135, Page 960. THIS conveyance is anon-taxable transfer from husband to husband and wife. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. ~~ I t 8~~~~; .~:t~JL trt,-~~~~ C,7 r'~~ ,j ~ c ~, _ ~ ~,. r° c; ~- ~.~.~ - ~, ~ ~• ~ ~ -'' c :~ ~ rn --a rn ~ _~a_ t G'~ -, IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day, month and year first above written. Slgned, Sealed and Delivered in the presence of ~5~~ BRUCE E ENE DAMS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the a ~ day of February, 2004, before me the undersigned officer, personally appeared BRUCE EUGENE DAMS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. (SEAL) otary blic coti+wr~ Nc~rw~ M'v~ Q~~ ~+orc ~-bQxnn,yya, En~g~, ts,~ Manor. ~Ylwnf~ ~s.oq„~ or N ~s 2 ~O~K ~~,, PAGE49~:Q I do hereby certify that the precise residence and complete post o$'ice address of the within named Grantees is 201 Pipeline Road, NewviZle, PA 17241 February ~5~ , 2004 IRWIN ~ McR2VIGHT ATTORNEYS `-'~' ° ~~~:: t°~~is to be recorded ~~+~~-~~~:rland County PA ~: ~`.~.. Recorder of Deeds 3 ~QOJ( ~s~. PdG~ ~1~ \,~ A~RIIIRIIII ~~`~ oo~oza Parcel No: I5-03-0057-030 THIS DEED, MADE THE ~ ~ day of May in the year two thousand nine (2009) BETWEEN ADAM E. HOLLENBAUGH, of Newville, Cumberland County, Pennsylvania, hereinafter called Grantor, AND BRUCE E. DAMS and CINDY L. DAMS, his wife, of Newville, Cumberland County, Pennsylvania, hereinafter called Grantees: i3'ITNESSETH, that in consideration of the sum of Fifteen Thousand and no/] 00 ($ l x,000.00) Dollars, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantees, their heirs and assigns, as tenants by the entireties; ALL that tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, as further described in a boundary survey prepared by Eugene A. Hockensmith dated June 21, 1985, more fully bounded and described, as follows: BEGINNING at a point at an iron pin at the southeast corner of the tract herein conveyed at the point of intersection with lands now or formerly of Guy T. Miller et ux and lands purported to be owned by Mildred P. Garrick; thence along lands of said Guy T. Miller et ux, South 66 degrees 57 minutes 51 seconds East, 232.94 feel to an iron pin; thence along lands now or formerly of Lee A. Clouse et ux, North 26 degrees 26 minutes 18 seconds West, 1295.55 feet to an iron pin set in a rock pile; thence along lands now or formerly of Mildred P. Barrick, North 68 degrees 36 minutes 19 seconds East, 265.85 feet to an iron pin set in a rock pile; thence along lands purported to be owned by Mildred P. Barrick, South 25 degrees 00 minutes 00 seconds East, 1286.41 feet to an iron pin, the place of BEGINNING. CONTAINING 7.3756 acres. BEING the same premises which Harvey E. Hollenbaugh and Alecia K. Hollenbaugh, his wife, granted and conveyed to Adam E. Hollenbaugh, Grantor herein, by deed dated April 19, 1996 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 139, Page 927. EXHIBIT c- J -~ Q AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. IN WITNESS WHEREDF, said Grantor has hereunto set his hand and seal the day, month and year first above written. ~~ (SEAL) ADAM E. HOL BA COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the _L day of May, 2009, before me, the undersigned officer, personally appeared ADAM E. HOLLENBAUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, [hereunto set my hand and seal. (~ COMMONWE TN OF PENNSYt. . ~• . . ~ -~ , riai Seat went vl, ~Y PubFc.. C.ar4Ble Bono, Cumberland Cow><y MY Corttrnissbn Expires Oct 10,2009 _ Member. Pennsylvania Association of NotarP¢i ., ' . Signed, Sealed and Delivered I do hereby certify that the precise residence and complete post office address of the within named Grantee is: 201 Pipeline Road, Newville, PA 17241 ,~ , 2009 IRWIN & McKNIGHT, P.C. Attorneys At Law 60 West Pomfret Street Carlisle, PA 17013 717-244-2353 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200915773 Recorded On 5/13/2009 At 12:59:31 PM * Instrument Type -DEED Invoice Number - 43513 User ID - RAK * Grantor - HOLLENBAUGH, ADAM E * Grantee - DAVIS, BRUCE E * Customer -1RWIN * FEES STATE TRANSFER TAX $150.00 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 BIG SPRING SCHOOL $75.00 DISTRICT LOWER MIFFLIN TOWNSHIP $75.00 TOTAL PAID $348.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is naw part of this legal document. I Certify this to be recorded in Cumberland County PA * uy ~ ~ ~ ~//S~ RECORDER OF 1):EEDS * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IdINIVIIWiIIAP~IIM r ~j _~~{j ^ ~ ROBERT P. ZIEGIER ._.~tD ` ~~ RECORDER OF GEEOS CUMBERLAND COUNTY-P~ THIS D EED~ SAP 8 P~1 ~ 50 f MADE THE ~_day of ~ ~l~.~ x~- in the year of our Lord Two Thousand and Four (2004}. BETWEEN BEATRICE M. MILLER, widow and single woman, of 838 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania, hereinafter referred to as Grantor, AND WII.LIAM RAND, JR. of 838 Shed Road, Newville, Lower Mifflin Township Cumberland County and AMANDA RAND, of 838 Shed Road, Newville, Lower Mifflin Township, Cumberland County, as joint tenants with right of survivorship and not as tenants in common, hereinafter referred to as Grantees, WITNESSETH, that in consideration of the sum of ONE DOLLAR ($1.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does grant and convey in fee simple to said Grantees, their heirs and assigns, as their interests appeaz, all of her ONE HALF (1 /2) INTEREST in: TRACT 1: ALL that certain tract of land situate in the Township of Lower Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a small oak tree at corner of land now or formerly of Wilmer I. Hoover et ux.; thence in an Easterly direction along a private driveway Eighty-eight (88) feet to an iron pin; thence continuing along said private driveway in a Southerly direction One Hundred Thirty (130} feet to a pile of stones which lie on the West side of said road; thence in a Westerly direction One Hundred Ninety-one (191) feet to a white oak, said line crossing an old log road; thence in a northerlq direction Forty-eight (48} feet to the place of BEGINNING. BEING improved with a hunting cabin (a converted bus). TRACT 2: ALL that certain tract of woodland situate in the Township of Lower Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a maple, thence by lands now or,formerly of Soloman Gutshali, George K. Hoover and Harry Hernminger North sixty-nine and three-fourths {69 '/,) degrees East sixty-four and two-tenths perches (64.2} to a stone~heap; thence by lands now or formerly f Chazles Clouse South twenty-three (23} degrees East twelve and one-half (12 YZ} ~ EXHIBR ~oo~ ~~ i Pace ~+~4 ~q ~ E & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 726 EAST KIMG STREET - SHIPPENSBURG. PA 77257-1397 J Q perches to a tree South two (2) degrees East fifty-one and five-tenths (51.5) perches to a black oak; thence by lands of Brady Warner Narth fifty-nine{59} degrees West seventy- seven (77) perches to the place of BEGINNING. CONTAINING thirteen (13) acres and twenty-two (22) perches. BEING improved with a frame bungalow. BEING THE SAME TWO TRACTS OF REAL ESTATE which BEATRICE M. MILLER, widow and single woman, by Deed dated December 13, 199b aad recorded in the Office of the Recorder of Deeds in and for Cumberland County in Dead Book Volume 150 Page 608, granted and conveyed to BEATRICE M. MILLER and CONNIE L. RAND. The said BEATRICE M. MILLER executes this Deed to convey her entire one-half interest in said real estate to the Grantees herein. AND the said Grantor will warrant specially the property hereby conveyed. THIS IS A CONVEYANCE FROM GRANDPARENT TO GRANDCHILDREN AND IS THEREFORE EXEMPT FROM PENNSYLVANIA REALTY TRANSFER TAX. IN WITNESS WHEREOF, the said Grantor has hereunto set her hand and seal the day and year first above written. WITNESS: .~~ 1 --c. .~'` ,o.,~- ~ e - f s ~ yyf~ ,.SEAL) BEATRICE M. MILLER soox 265 ~~c~ X65 WEIGLE 6 ASSpGIATES, P,C. -ATTORNEYS qT LAW - 1Z6 EA5T KING STREET - SH[PPENSBURG. PA ]7257-1397 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND f On this, the ~ s day af, ~~p 1~~.~~~,r-- , 2004, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared BEATRICE M. MILLER, widow and single woman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. ;::r~` .~ IN WITNESS WHEREOF, I hereunto set my hand and official seal. .~~ '"'N .. ~;;~;; NOtJ1AlA 2 - '- 140~LVM4~1l1A JA,t N0?MY Pt00~ Notary Public OORb, ~r~ii1~MDCq~M1Y 0©IOi0e4t~N R,~IEB JULY ! 0004 I do hereby certify that the complete post office address of the within named Grantees is: 838 51,x`,/ ~„~ yEw~ l/~ ~ P?f 17~Y/ Date: '~1 - l o'i' ~~ 2 ~~ Attorney for Grantor eao~ 2~ eac~ 7~~ WEIGLE & ASSOCIATES, P. C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 SSG l4 G,i e b be.~ Tax parcel no. 15-03-0057-023 T H I S D E E D t MADE this ~3t day of ~«-,~+~r in the year nineteen hundred and ninety-six (1996}. SSTWSSN BEATRICE M. MILLER, widow and single woman, of 838 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania, Grantor, AND BEATRICB M. MILLER nad CONNis L. RAND, 838 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania, Grantees. WITNE8SETH, that in consideration of the sum of ONE DOLLAR ($ 1.00}, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does grant and convey in fee simple to said Grantees, their heirs and assigns, as their interests appear below, TRACT 1• ALL that certain tract of land situate in the Township of Lower Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a small oak tree at corner of land now or formerly of Wilmer I. Hoover et ux.; thence in an easterly direction along a private drive way Eighty-eight (88) feet to an iron pin; thence continuing along said private driveway in a southerly direction One Hundred Thirty (130) feet to a pile of stones which lie on the West aide of said road; thence in a westerly direction . One Hundred Ninety-one (191) feet to a white oak, said line crossing an old log road; thence in a northerly direction Forty-eight (48) Meet to the place of BEGINNING. SBING improved with a hunting cabin (a converted bus). r-~ c~ BEING THE 8AM6 REAL ESTATE WHICH WIENER I. HOOVER and ~ ALICE M. HOOVER, his wife, by deed dated March 5, 1969 and recorded in the office of the Recorder of Deeds in ro and for Cumberland County in Deed Book Volume C-23, Page o° 973, granted and conveyed to GUY T. MILLER and BEATRICE M. MILLER, his wife. The said GUY T. MILLER having died on January 29, 1995, title to the same remained vested by operation of law solely in his surviving spouse, BEATRICE BOOR 1.aN fAGf (iQB EXHIBIT ~- 'A i„;~ ci ''' :~ :a: ~ m '= a ;a ,n ~ IJ '~ "D c~ '? r~ o '' - c v ~ ~„~_ -f T. m -~ O ~ M. MILLER, widow, who is the Grantor herein. TRACT 2: ALL that certain tract of woodland situate in the Township of Lower Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a maple, thence by lands now or formerly of Solomon Gutahall, George K. Hoover and Harry Aemminger ' North sixty-nine and three-fourths (69 3/4) degrees East sixty-four and two-tenths perches (64.2) to a atone heap; thence by lands now or formerly of Charles Clouse South twenty-three (23) degrees Sast twelve and one-half (12 1/2) perches to a tree South two (2) degrees East fifty- one and five-tenths (51.5) perches to a black oak; thence by lands of Brady Warner North fifty-nine (59) degrees West seventy-seven (77) perches to the place of BEGINNING. CONTAINING thirteen (13) acres and twenty-two (22) perches. BEING improved with a frame bungalow. BEING THE SAME REAL ESTATE WHICH CHARLES R. CLOUSE, JR. and MARY LOUISE CLOUSE, hie wife, by deed dated August 29, 1953 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume J- 15 Page 256, granted and conveyed to GUY T. MILLER and BEATRICE M. MILLER, his wife. The said GUY T. MILLER having died on January 29, 1995, title to the same remained vested by operation of law solely in his surviving spouse, BEATRICE M. MILLER, widow, who is the Grantor herein. The Grantees shall hold joint title in the following manner. In the event that Beatrice M. Miller predeceases Connie L. Rand, the status of their joint ownership shall be as tenants in common and not as joint tenants with right of survivorship. If Connie L. Rand predeceases Beatrice M. Miller, the status of joint ownership shall be as joint tenants with right of survivorship and not as tenants in common. AND the said Grantor will warrant specially the property hereby conveyed. THIS IS A CONVEYANCE FROM PARENT TO CHILD AND IS THEREFORE EXEMPT FROM PENNSYLVANIA REALTY TRANSFER TAX. eoo)c 1..5G rncE 609 4 IN xITNESS xNEREOF, the said Grantor has hereunto set her hand and seal the day and year first above written. WITNESS: '~ l.% /t •~.C'L.// ,(7*_~~1/i'1 ")'YLI.GII.r.~ (SEAL) BEATRICE M. MILLER ACKNOxLEDGEMENT COMMONxEALTIi OF PENNSYLVANIA ~ 3S COUNTY OF CUMBERLAND t~ On this ~; day of ~EIE+-.CFi 1996, before me, a Notary Public, the undersigned officer, personally appeared BEATRICE M. MILLER, widow and single woman, known to me (or satisfactorily proven) to be the person whose name is subscribed t the within instrument, and acknowledged that she executed the sartl~ for the purposes therein contained. ~;:~" IN WITNESS WBEREOF, I hereunto set my hand and official;j~~%c".~;N~;;~F,;AS /~ "~ Notary Put Z certify that the precise residence and Post Office address of the Grantees is: 838 Shed Road, Newville, PA 17241 At orney for Gran` ee BOOIf i.`JO PACE 61O ~ ~ ~~a j~Gcv~ 5 Tax Parcel Number: I5-03-0057-033 THIS DEED -~(~~ MADE this ~.`"I day of ~'~ , 2008, BETWEEN HENRY E. BARRICK and JOANNE M. E. BARRICK, husband and wife, of 710 Shed Road, Newville, PA 17241 "GRANTORS", AND TOMMY E. BARRICK and SHARON S. BARRICK, husband and wife, of 709 Shed Road, Newville, PA 17241 "GRANTEES". WITNESSETH, that in consideration of the sum of One ($1.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS hereby grant and convey in fee simple to said GRANTEES, ALL the following described real estate lying and being situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at an iron pin in rock pile at lands now or formerly of W. E. Bailey, Albert W. Miller; thence along lands now or formerly of Albert W. Miller, South 26 degrees 32 minutes 42 seconds East 1284.80 feet to an iron-pin set; thence along lands now or formerly of Guy T. Miller, South 66 degrees 57 minutes 51 seconds West 294.03 feet to an iron pin set; thence along lands now or formerly of Gutshall, North 25 degrees West (erroneously described in prior deed. as "North 25 degrees East") 1286.41 feet to an iron pin in rock pile; thence along lands now or formerly of Mildred Barrick, North 67 degrees 41 minutes 07 seconds East 259.50 feet (in prior deed the feet in this call was omitted) to an iron pin in rock pile, the place of beginning. Containing 8.1556 acres according to a survey of Eugene Albert Hockensmith dated June 21, 1985 and recorded in Cumberland County Deed Baok L, Volume 31, Page 682. o EXHIBIT j ~. J -~ Q BEING the same real estate conveyed to Henry E. Warrick and Joanne M. E. Warrick, his wife, by deed of Mildred P. Warrick, dated August 31, 1985 and recorded in Cumberland County Deed Book L, Volume 31, Page 679. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above described premises. THIS CONVEYANCE IS BETWEEN PARENT AND CHILD AND THEREFORE IS EXEMPT FROM REALTY TRANSFER TAX AND THE OBLIGATION TO FILE A STATEMENT OF VALUE. AND, the said GRANTORS hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the said GRANTORS hereby set their hand and seal the day and year first above written. Witness: r (SEAL} HENR E. BARRICK ~.ay~.e _rr~ (SEAL) JOANNE M. E. BARRICK COMMONWEALTH OF PENNSYLVANIA. . ss. COUNTY OF CUMBERLAND ~h On this the ~ day of 2aas, before me, the undersigned officer, personally appeared HENRY E. BARRICK an JOANNE M. E. BARRICK, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed and desired the same to be recorded as such. WITNESS my hand and official seal the day and year first above written. (SEAL) No ublic CljMMBNW~ALTN (~~` Pl=NNBYLVANIA Notarial Seat Angela M. Sd~aett`er, Notary Public Sttrppertsbtag lioro, Cumberland County My Commisslan E~ires Pvtay i5, 2Q11 2 Member, Pennsyfranla Association of Notaries I do hereby certify that the precise residence and complete post office address of the within named GRANTEES is: ~a~ S.~ i~~.~eu~v~~l[P ~~ ~ ~~~1 ~~ 2 q ,Zoos ~,~~~~~o% Attorney for ~rQn~a~s Hamilton C. Davis, Esq. POBox40 Shippensburg, PA 17257 (717)532-5713 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200819882 Recorded On 6/13/2008 At 1:41:21 PM * Instrument Type -DEED Invoice Number - 22978 User ID - KW * Grantor - BARRICK, HENRY E * Grantee - BARRICK, TOMMY E * Customer -DAMS * FEES STATE WRIT TAR $0.50 STATE JCS/ACCESS TO $10.00 JusTICE RECORDING FEES - $11.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 BIG SPRING SCHOOL $0.00 DISTRICT LOWER MIFFLIN TOWNSHIP $0.00 TOTAL PAID $38.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ynn O~ C f~3 V O RECORDER O D DS s * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. ~IIIwINA~IRWN ~~1 ~ ~ V NOT SEARCHED; NOT CERTIFIED Made,,t~hej /O''~day ofv~i~em~ in the Year Nineteen Hundred Ninety-Nine (1999); $~' 1 iBT+ '~ BETTY J. WARNER, an adult individual, of 217 Pipeline Road, Newville, PA 17241, hereinafter referred w as the "Orantor" ..- - ' A N D SUSAN J. STAUFFER an adult indiridusl, of the County of Lancaster and Commonwealth of Pennsylvania, hereinafter referred to as the "Grantce" III 11~~~~~, That in consideration of One (51.00), in hand paid, the receipt whereof is hereby acknowledged, the said grantor hereby grants end conveys to the said grantee, her heirs and assigns, aone-half (1/Z}interest es tenant in common, in the following desgibed real estate: ALL THAT TRACT of land situate in Lower Miglin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at m existing angle iron at the comer of lands now or formerly of Magnolia Pipellrte Company. Jay R Ginter and Guy T. Miller, therrx along Ianda now or formerly of Magnolia Pipeline Company and Donald M. Leatheanan, South fht+ee (03) degrees twenty-four (24) minutestwenty-five (25) seconds West. one tirouaarrd one hundred thirty-eight and sixty-three hundredths (1,138.63) feet to a railroad spike in the center of Township Road T-412; thence along lartds now or formerly of Donald M. Leatherman, South four (04) degnxs zero (00) minutes twenty-four (24) accords East, two thousand five hundred eight and zero hundredths. (2,508.00) feet to an existing post; thence along lands new or fomuxly of Ross Z Pierpont, Soutir sixty (60) degrees twenty-nhre (29) mimrtea four (04) seconds West, three hundred thirty-nine and sixty hundredths (339.60) feet to a tree with wire through ih, thence along lands of same, North sixty-flan (63) degrees SRy-nor (56) minutes filly (50) seconds West, nix hundredsixty-tlrrce sad forty-eight huadndtbs (663.48) fxt to an atistittg iron pipe in center of stream; thence along lends now or fomrerly of Gertrode V. Hoover, North twenty-four (24) degrees twenty-seven (27) minutes forty-nine (49) seconds West, two hundred eighty-three end seventy hundredths (283.70) feet to an iron pin at a post; thence along lands of same, North thirty- three (33) degrees forty-eight (48) minutes filly-four (54) seconds East, four hundred fifty-eight and ninetydwo hundredths (458.92) feat to art iron pin et a post; thence along lands of same, North fitty- one (51) degrees fifty-seven (57) minutes two (02) xcotsls West, four hundred twenty-nine and zero hundredths (429.00) feet to a railroad spike; thence long lands of same, North seven (07) degrces thirtcen (13) minutes filly-nine (59) seconds Wcat, one hundred eighty-one end fifty hundredths (181.50) feet to a railroad spike; thence along lands of name, Nath sevemy (70) degrees forty-one (41 } minutes forty-eight (48) sxonds West, seven hundred eighty-two and rutty-nine hundralttts (782.69) feet to a post; thence along lands of same, North thirty (30) degrees 5fty-four (54) minutesthirty-eight (38) seconds West, one thousand one hundred eighty-five and seven hundredths (1,185.07) feet to a post at a blazed witness fret; thence along lands of name, and along a blazed line, North nine (09) degrees forty-two (42) minutes six (06) seconds West, one thousand six hundred ninety-nine and eight hundredths (1,f99.08) feet to an iron pin; thenx along lands of same, South eighty-one (81) degrees ten (]0) minutes six (06) seconds West, five hundred forty-four and filly hundredths (544.50) feet to an existing stone pile at a blazed witness tree; thenx along lands of antra and along a blazed line, Northtwenty-thm (23) degrees thirty (30) minutes twenty (20) seconds West, one thousand sixteen end ninety-one hundredths (1,016.91) feet to an existing blazed oak tree; thence along lands now or formerly of Henry Herrick Estate and along a blazed line, Nortit seventy-three (73) degrees thirty-three (33) minutes fourteen (14) seconds East, one thousand three hundred thirty-six end ninety-six hundredths (1,336.96) feet to stn existing stone pile at a blazed wittresa tree; Wence along lands now ennF ;~07 F,.eei.~.:~.s EXHIBIT n J .• J J or formuly of Guy T. Miller and along a blazed line, south fifty-two (52) degrees forty-seven (4?) minutes fiRy~ight (58) aeeonda Esat,two thousand eight hundred eighty-nine and ninety-seven hundredths (2,889.97) feet to an existing angle iron, the poigt and place of BEGINNING. CONTAINING 221.4174 acres, more or less. BEING the residue in land subdivision for Galin B. Wamu, prepared October 3, 1978, by Carl D. Bert, Registered Surveyor, and recorded in Cumbuland County Recorder's Of&ce in Plan Book 34 at Page 78. EXCEPTING AND RESERVING therefrom, Lot No. 1 on said subdivislan conveyed to Bnree E. Davis end Kathy Ann Davis, by Deed dated January 9, 1979, and recorded in the Office of the Recorder of Deeds in Decd Book F, Volume 28, at Page 942. BEING THE SAME TRACT of lord greated and oonveyed by Garlin B. Warner and Betty J. Warner to Garlin B. Wamet and Betty J. Warou by Deed dated and recorded Apri13,1980 and recorded in the Recordu of Deeds Office in end for Cumberland County, Pennsylvania nt Book X28, Page 418. AND the said Galin B. Warne died the day of July, 1994, whereupon title vested in Betty J. Warner by right of survivorship. THIS Is a conveyance between parent and child and Urerefom is exempt Cram rest estate trarsCu tax. 1~~ the said grantor does hereby Specialty warrant the property hereby convoyed. jN =i i a t~~.~! ea=1~~0~, aatd grantor hu hereunto set hu nand and seal thn day and year fast above written. SIt3NED, SiE:AL~D AND DEI.tY$Ri:D • W THR 1PRESEIVCiE: OP ea! Betty J. Wam COMMON1KigALTfl OF i'BNN5YLYANIlk COUNTY OF LANCASTiER SS. :~ rU G CD _: ~ ,1 ~ QS ~.~ . ,-,~, l~'i ~ . -p e1 N r ~ . O > ,. ~ V 3 c o in ~-' rn rv -t rn m C '"~ ° ~+ u'~ ~ o~ ONTIIIS, the /t7-M day of ,$~kw4.i , 1999, before me, a notary public, the undersigned officer, personally appeared BETTY J. WARNER, known to me (or satiafaetorily proven) to be the ~ person whose Dame is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, l have hereunto set my hand and notarial seal. ~DbuiY PuWo .x,aico a ~"a oaCO~tooo ~ .unit Mrathtlon d NouAu yiemwr. PonnsYl BOt j }j$ft$$Y C~~~that the precise address of the grantee herein is 2271 Hobson Road Lancaster, PA 17602 t en M. ICraybill, Esquire Ie610.0DIHIN~U.I ~1e Of PBnnSYlVaniB tt (:ounryofCumberlandJ 88 Recorded in tM offico for the recording of Oeede ~L Inandfor.~e~mberlendCoun~ P,p,l 1 B Vol. ^ P dtLX. nneee m~ hsnd a ~ eeal of of n ,~ Carlisle, PA this f (~.~ BLAKI1JOl.R, BYLER aL THOMAS, P.C. 28 Peon Square Lancaster, PA 17603 (717) 299-1100 oouK 20`1 ~;,etii36 EXNIB~T ~ ~' , J ~! ~ `'~--__ i_ -~ ~aQy ~ __ ~ g ~Km ~ ~"' i ~ ~ :~ ~~ ER ~ ~ ~ ~8 ~~ ~ RE H i _~ ~~ R _ s ~ ~~ ; i i i i „~ ~ r I$ ~ ~ e~ ^~i.aC.~ E PEbs s¢~~ ~i~~ ~~~ a~~ ~~~ ~8~ Y 29 µg~g ~n7: ~~~ ~96~ ~pi ~~a~ ~ ~~ ~~ t ~;(~ ~~~ ~ _ ~~;[ ~~~ l~Ts]~s •~i ~L r i~n~ 3t~sw 7F row xns Y ~a ~.a.• ~))~_: ;. 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Iron Pin to BeeeA Stump EXHIBIT J , ~ -~- JERRY A. WEIGLE Associates JOSEPH P. RLfANE RICIIAR.9 L. WEBBER, JR Of Counsel THOMAS L. BRIGHT WEIGLE & ASSOCIATES, P.C. Attorneys-at--Law 126 EAST [:UrG STREET SHIPPENSBURG, PENNSYLVANIA 1727-1:147 TELEPHONE (71'~ 532-7388 FAX (71~ 532-5289 February 7, 2012 VIA FACSIMILE TO 249-7334 AND U.S. MAIL Kurt E. Williams, Esquire Salzmann Hughes, P.C. Attorneys at Law 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 RE: Your client -Bruce E. and Cindy L. Davis Dear Kurt: I represent Tommy E; and Sharon .S. Barrick and Connie _L. Rand concerning your lettt°r dat=dd Januut•y 10, 2012. As you are aware, in 2010 Marcus McKnight forwarded several letters regazding this matter. Mr. Davis falsely contended that he has been denied access to his property or that my clients somehow interfered with access. The Davises have always been provided with access to their property via the 8' wide carlway known as the "jeep trail". I have enclosed a copy of a Boundary Survey dated July 21, 1985 that shows the trail. 11^ tlne pa.~t, l~~Ir. Da«is has removed stak?s that marked the exact location of the jeep trail. His action was improper. In addition, he recently assaulted Henry Bamck, who is Tommy Barrick's father and the previous owner. Due to those incidents, the Barricks called the Pennsylvania State Police. You indicated that you will file an action pursuant to the Private Road Act. My understanding is that the Act was ruled unconstitutional by the Pennsylvania Supreme Court. The Franklin County Court reached the same conclusion in a recent case. Interestingly, there is a, roadway on a pipeline running through.the northern. portion, of the Davis property that was used by the Barricks and others for over 45 yeses in order to access other lands. It was recently blocked by the Davises. What are the Davises intentions regarding that matter? ~ EXHIBIT J ~ ~ ~ ) i N Q K J J Kurt E. Williams; Esquire February 7 2012 Page 2 In short, my clients have not denied access to the Davises. The Davises may continue to utilize the jeep trail provided that they stay on it and that their conduct otherwise complies with Pennsylvania law. Sincerely, Weigle & Associates, P.C. Richard L. Webber, Jr., Esquire RLW/paf Enclosure Cc: Mr. and Mrs. Tommy E. Barrick Mrs. Connie L. Rand ~ -- ~~ ~ ~ ~ ~ ~- ~ ~ ~ LS ~ ^. z r O 1i ~iiT~ O p I t o a a~ a n~ i c~ o_ 4 0 o i•° `+" ~Oi37(Ti ~~ - to °;'~~c °°a~~-? m:.~~c ~z ~ (~7 CI7 - ~ :.. 3 Q ° ~ ~ o : i s°. -o ij ~ ~ v e ~~ a ° G p D~ f n ` ~ ~ ~~ ~ RM ' _~~ ~ ^ ~ ~~.~na n L n p (/~~ J~ ~ ~ Q O ~ ' C jy n T N ~ '.''~f a..a ~ _ ~7 ~ ° ~ a i Q j N~ 7 r- a te O D i 1 fA. ~ 7~ p 7 w QOM ~ c ° °n°=s°°~a°+K~O` ns n . - ~ RO~x.Pi/e~6~o ~~ P ~'~'h~lC/C ~ - ~ 3619 C - M 6°'Sl~00`E - .$5'Er./.P/n f"'---~ Tu E~, 493.7 in ~ i~ Z Q ~. _ Qu 8 G rn 4 mr~~}ZZ ~ ~~m o C ~~ ~ Z~aA ~ r (~ '" n --1 G CA 0 .-. _ C c`r' ~ ~ ~~rG)~1-mC m~Z ~ _~~R~G)Q wr ~ r. rD~ ~ D1 ~a ~"n ~ ~'~~ ~~ (Z CZ „1 -~.z~~~~ 1 ~~~ r ~ ~, Z ~j z D~m~~ti°r!]!''~ D ZJ .[7 CD ~ ~ ~~mc~ c7~~~~ ~~--~iq~ ~ ~ ~ ~ ~ ! mmZ f 0 Q [ O Trot, f. o ~ a ~ w 1+167°g~~07ee~i/e Z /y'9.p ~ o ~ Cn N ~ tom, ~ ~j~ ~~ ~.~ ~o~ ~ -• CN x - N N "f fi - robe ,obi N ~ m i~ ~' o -o \ ~+ .o Were+r -. ~ .> c ~ ~ n; D ' [yam O~ D o ~ ro.~. °~f~1 ~. ~' ~ ~ i\ ~ -- .\ r .1°sz ~1 ` Q i _ ~ i1i~ ~ ~ <n" ~~ ~ ~ w ~ C n ~ ~S~ :A iii ~ ~ ~~~ % 1i is `' c ~ = m o err ~ ~ ~~st N ~ _ ~~~ p . ~ k+ ~ o D ~~. ~ ~ +`;` -~ S3'' C't . ' Z °- ;sit N ~ DG ~~ °` i ~ - ~ ,j _ ~t ~ i ~ O~ ~`~ yam- ~ f~ r" f~ ~ ) i 1j ~ ~ iF,~d~Z£Z ~=~ t1 -~ ~~1 ,~ ,~ ~ •~ erJ /°e~/ i _ ' ,~, 0 b6Zi~.t'~t ~~ o ~~ i~, LS,gg .ii t ;, ///F G'UI' S t ~ ~ -io ti'a 1 i~> {~ Fs'"'---i -o t: E e ° ' r i a 73~ L;'i ` f~/~~EP ~ ~~ -J --'- F. N cg°i;7'3i„~ ~s2.se' ` T~ Ez. iron rir, in ~csch 5!~r,~ JERRY A. WEIGLE WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law Associates 126 EAST IQNG STREET JOSEPH P. RUANE SHIPPENSBURG, PENNSYLVANIA 17257-1397 RICHARD L. WEBBER, JR. TELEPHONE (717) 53Z-7388 Of Counsel FAX (717) 532-5289 THOMAS L. BRIGHT Apri118, 2012 VIA FACSMLE TO 249-7334 AND U.S. MAIL Kurt E. Williams, Esquire Salzmann Hughes, P.C. Attorneys at Law 354 Alexander Spring Road, Suite 1 Cazlisle, PA 17015 Dear Kurt: RE: Your clients -Bruce E. and Cindy L. Davis I spoke to my clients regarding our telephone conversation of Tuesday, March 27, 2012. They will not agree to the Davises' proposal. I previously indicated to you that my clients have no_objection to the use of the jeep trail by the Davises, in the same manner as has existed for years. I would also note that other landowners use it and have raised none of the issues that the Davises have raised. You mentioned that there are stakes at the edges of the jeep trail that cause difficulty. Mr. Barrick indicated that there aze no stakes. Mr. Davis removed the stakes. I do not believe that the Davises have a legal basis to obtain any additional access rights other than what they already possess. My understanding is that in the eazly 1990s the Davises' predecessors in title initiated a proceeding against my clients' predecessors in title to establish aright-of-Vvay involving the same jeep trail. The Davises' predecessors were unsuccessful, without success. The doctrine of .res judicata or collateral estoppel may apply. In fact, Marcus McKnight represented my clients' predecessors in that matter. They found it quite interesting that Mr. McKnight recently represented the Davises. O ' Ki ". Kurt E. Williams, Esquire April 18, 2012 Page 2 The current width of the jeep trail is more than adequate. It appears to be 9 to 10 feet in width for much of its length. The other users of the jeep trail have not encountered any problems with the width. Interestingly, the Township Road is about 8 %2 feet from the edge of the road to the centerline. The Davises aze seeking to widen the jeep trail to a degree wider than the Township road. If the width were increased as the Davises propose, the location of the right-of--way would be within five feet of the Rands door. You mentioned that Mr. Davis closed the pipeline right-of--way due to an underground pipe lying near the- surface and that he was doing it as a favor to the. pipeline company, _ l~iLr. Barrick indicated the pipeline that lies on the Davis property was not exposed or neaz the surface. The only exposed portion is located on an adjoining owner's property, and was caused by stormwater from a severe storm. It remains exposed. It is not a concern of the pipeline company. He further indicated that the portion of the pipeline right-of--way was used by him and others with the full knowledge and acquiescence of the pipeline company. In short, Mr. Davis' contention in that regard is not convincing. The Davis land and other properties have been timbered on numerous occasions, without any issues regazding the jeep trail. You indicated that the Davises may want to timber their property. It is my understanding that the Davises' property was recently timbered. Finally, I do not understand why the Davises acquired the properties if the jeep trail was not satisfactory to them. Sincerely, Weigle & Associates, P.C. a~ f Richazd L. Webber, Jr., Esquire RLW/paf Cc: Mr. and Mrs. Tommy E. Barrick Mrs. Connie L. Rand Blalcinget;Byler&Thomas, P.C. Attorneys at Law James H. Thomas Frank P. Mincarelli Stephen M. Kraybill Dan A. Blakinger Susan E. Grosh Frank J. Vargish, III George T. Cook Jesse C. Robinson Kim Garter Paterson Theresa A. Mongiovi Richard B. Posey Edward L. Miller Aaron S. Marines Susan P. Peipher Aaron D. Hollis` Jonathan R Holstetter Angela H. Sanders Jill M. Laskowitz "LL.M. in Taxation Retired Richard J. Blakinger Michael D. Bull Charles B. Grove, Jr (1958-1985) Samuel 5. Wenger (1938-1989) M. Elvin Byler (1965-1992) 28 Penn Square Lancaster, PA 17603 717-299-1100 Fax 717-299-9529 http: //www.bbt-law. com February 3, 2012 Kurt E. Williams, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Re: Bruce E. Davis and Cindy L. Davis Dear Mr. Williams: Writer's Direct Dial Number: (717)509-7267 E-MAIL: jht@bbt-law.com This letter is a follow up to our telephone conversation from yesterday where I advised that I represent Betty J. Warner and Susan J. Stauffer. I advised that it was my understanding that the Davises have access to their property from an existing gravel road that meanders through the Rand, Smith and Barrick properties. In that case, an additional right-of--way doesn't seem necessary. You stated that you would check into this and get in touch with me after you have had a chance to speak with your clients. Thanks for your courtesies. Yours truly, BLAHINGER, BYLER & THOMAS, P.C. G~»us. ~.;~j- ames H. Thomas JHT:esp cc: Susan J. Stauffer 00624900/ (09073.006) EXHIBIT J `' ; ~ ~ _. ~__.-_ _..__.---_-._ _ _._._~_.._.__..~,.._.e.. ~.~- w..,,.p a..e.h. a.~e<.4a.m..~ BQQK ~ l y P,4tri i9~ ~>~....f.....r` i t~ ~c~~~zu~~~ ...MADE=TXE - 30th __ -- _ day o/ March w the yenr of mir Lord one lhonrand nine hundred and fifty-nine BETTVEEN ~ J GUY T. MILLER and BEATRICE M. MILLER, his wife, of the Township of Lower Mifflin, County of Cumberland and• State of Pennsylvania, Grantors, parties of the first part A N D WILl~R I. Hoover and ALICE M. HOOVER, HIS xife, ~lthe Borough of Newills, County of Cumberland and State of Pennsylvania, Grantees, parties of the sacostd part ., ; - . w A •~ I -. ...: of the second part, WITNESSETH, that the said part IES of the Jirat part, for sad in con~ider- ation of the sum of One Dollar ($1.00) kwful money of the United State o/America unto them Dollars, paid by the said wsA and tndy part o/ the second part, at and before the sealing and delmay of these presents, the receipt whereof is hereby aeknaxrTedped, have pnnnted, bargained, aoid, aliened, en/eo$ed, rekaaed, eonaayed and eonflrrned, and by thus presents grant, bargain, seU, alien, enfeo~, release, convey and eonhrm unto the said part of the attond part, heisa, and assigns, ALL that certain tract of land situate in the Township of Lower Mifflin, County of Cumberland and State of Pennsylvania, bounded and described as follows to-wit: BEGINNING at a small oak tree at corner of other land of Grantors; thence in an Easterly direction j along a private driveway Eighty-eight (88) feet to i an iron pin; thence, continuing along said private driveway fn a Southerly direction Qne Hundred Thirty ~ (130) feet to a pile of stones which lie on the i West side of said road; thence in a Westerly direction One Hundred Nfnety-one (191) feet to a white oak, said line crossing an old log road; thence in a Northerly direction Forty-eight (48) feet to the PIA CE OF BEGINNING. Being improved with a hunting cabin (a converted bus). . BEIISG party of the same tract of land which Charles R. Clouse, Jr.i and Mary Louise Clouse, his wife, by their deed dated August 29 1953 and recorded in Deed Book J, Volume 15 at Page 25G of the Cumberland County deed records, conveyed to Cuy T. Miller and BeatrioeM. Miller, his wife, Grantors herein. TOGETITER with the right of the use of ~e private driveway in conjuncEion with the Grantors,: said `right innure to 'the b nef of the 'weirs and assigns`:of the'`Grantors and the Ganteea. ~~,: ante ami. v? v i 8/03/x(11 ~ ~ n4 ~~ pnn ~~ EXHIBIT ~ '~ ~ ~- i r- v rte. ~.. euok u i~ 'r;,~i,l X93 TOGETHER u:ith all and rinpular, the acid property, improvrntrnts, rvaya, waters, water courses, riphta, libertica, priv8epes, hereditaments and appartenaneta whatsoever thereinto be- ll lonpinp; or in anywise appertaining; and the rereraiona awd remainders, rents, iaaaca and profits i thareof, and all eke eatale, ripkt, title, interest, property, claim and demand whatioevn, o/ eke said ; part of the first part, in law, equity or othenuin howsoever, of, in and to the name and~• I smy part thcreo/, I' TO HAVE AND TO HOLD the said l I i ~ kereditamenta and premises ksreby pranced or mentioned, and intended ao to ba, wick the apparle- nanea, into tks said part of eke astond part, heirs and asarpna, to ~ •; and Jor tke only proper use and 6ehooJ of the said part of the second part, ~ i heirs and assigns /orever. i i generally shall and will warrant and /oreuer defend. ; ~ !N W/TNESS 1VHEREOF, the raid part ies of tha first part have to these presents ~ ast their hands and sea! s, Dated the day axd year first above written. 4tgneq, ~talre ann Bcttbrrro ~~~~-- _..... ._"_._ y in cpr ~@rrtenct of ~~~~""~- ""o l' I , ' ~ r1.-' .. ~~~~-•• i r^ ~.... ~~ r ~. Rrreiw•d ehc day of the daft of the rtbore lndonture of the abate namrd lhs awn of I)ol(are, Ge u•/u! money o/ the United States, 6einy the eonaidemtinn mwrry nbnre mentioned in /ul(. IVitnem- I the said part ies of the first parC, /or themselves and their/'sira, exeeutora and administratory do by these prcatata toncnant, pram and apse to and with the said part of the second part, hairs and assigns, that the raid part ies o/ the h*at part, and their heirs, all and rinpular the heredita. , j menta and premises herein above described and granted or mentioned, and intended no to be, with the appurtenaneea, unto the said part of the aeoond part, keire and assigns ' against the avid part ies o/ tha fine part and their heirs, and against all and every other person or persona whomsoner lawfully elaiminp, or to elaim the same or any part thereof ; BOGRu 1~ raGE~y~ ~ ! ~ State of Pennsylvania 1 i es. 1 1 C~berlancy~ i Couney of {~ ~ ~ I On thv, the 311- day o/ March , 19 S9 ,before me ~ the underaipned officer, peraonatty appeared Guy T. Miller and Beatrice M. Miller, - - - _ hie irife _ _ _ ' „s, - hnourn tome (or sataa(actorily proven) to be the perron asohots names are ' - ,~-tom ~ ~. I in instnlment, and aeknowted ed that the sxsceted same or the ~ . p Y / purpaec~lte~ein eow3~d:~.. ~ ' In witness whereof, I hereunto set my hand and odteia! aea7. - : ~ i :; ~:~ s ~_. _~ I - ~ 'v ~ .. \.: - ..................._Notary .Public':,, '' '• lA~., . ,_ i State o/ My CoiDa, expo e~-~~ a/ / ~ ~i 1 aa. ~ i cannty aJ i _ , On this, the day o/~: , 19 ; 6sJoro ms i the undrraipned a~icer, peraomify appeared ~ j a~•1-~; '~ T`/.'•.t-~{- i 1 knoTVn to ma (or safiafaetority proven) to bs the person whose name subscribed to tht with- ~ in instrument, and achnomtedped fkat executed wane for the purposes iJterein eontaiiied. In witness whereof, I hereunto sat my Aand and oAEcia7 seal. - ~~ .................................:......................... -.-. a1~L I Title o/ OBicer. I do hereby certify that the precise reaidenu of the within named psantee is l~ ~ ~ i March 30 19 S9. "_" /1 ~~~,, ,s "-" ~~ ................._-.-.--.......... .....-............------.... -_~3-........ Attorney Jor .._...-_..._...---- ..............................:. ~. ~ I +~1 w (+ -' ° °' t: .~ A •.1 ~ ~ F" ,.~ ~ ~ . - ~ ~ w ~ I z Q ~ t 2 y 5i ~J I !:i. ~ G ~ ~ '• ~ ~ £ H ~ CW J 73 ~ ~ ~ ti W ~ G ~ ~~ y, i ~ - i . + ~ ~ 11i ~ ~i ~ vtY is O £ ~ Cam. ,i'.' ' f . { .~.._ < ~ : E F W W pp C3 Y MW . 3 ~ i+ L}IN uF~ ~ I ; ~ ! ~~ 3 ~i ~ ~ i ~ f pp ~ H .7 - i - I COMMONWE LTK OF PENNSYLV ZA l I Coxenty o/ . .... ` aa. ... ....~ ......... j ... ... ~ RECORDED on thix ... ....-....... day of .........._ ............... ~~!" " `- " 6 A. /1. 19~, in the Recorder's nice of the said Cmrnty in Dtal /taok ~ I.., s~: OF L. ra , . p 1'.,t. .....--..~.~.......__, Pape ..../..~~--.......-... •. Giuen under my hand and the sea! nJ the said ob'eee, the date above n>rittrn WM7[NLAUD Cf!IniY . ~ J •~/L(~ y~ ~ ~~ '"~ ~ ~ ~ PWN1YlYLNiA -....., rCCardi r. ' ^ "`-'T•'••••"~•~~~-i •••-••••-••-••^~.-~'.••~ ..~ ..J _.~ 1 ~.J !"1 INA4CC1 AAlfl !`/111A1TV Inc} }~ it)C.llflf 7r.7 _ Dino Z ref . r- I -., t'"' -... v r° r iy L 8008 ~ 1~J iaGf 1i7tJ COl'MDNUF.AL78 OP P61044YLVANIA LEPAR'Q~r[ of nevP>,uE AFFIDAYI7 OF VALUE BUPEAU Oi COU[r[T COtIECTIUN9 ~ ` i Reouired under Section 8 of Lhe Realty Transfer Taz Act ~ - N of Decesber 27, 1951, P.L. 1742, as amaided. ' ~- ' cc • TO BE FILED IN DUPLICATE afITH THE RECORDER OF DEEDS _ ;; N ; CO`l40NMEALTH OF PENNSYLVANIA 1 ~` 0.'UNTY GF [;Ul~EYI.AND 1 c Guy T. Miller sad 3eaLrice M. ,Miller being duly sworn, i i ~ hereby states he is Lhe IGRAN7+DR1 (R~1 in the deed between . I Cup T. Miller and seatsice M. Miller, hie wife - (Nsie and address of ORANTORSI and Yilmer I hoover and Alice M. Hoover. his wife (Nape end address of ORANTL~~I i with regard to which this AftldaviL is given, end that Lhe Lrue, full and complete market value of such tr~ee~t~o~, including sortgages, Il~llara ocher encwnbrances is ~ (S 25•t10 1. fie highest assessed value of said real estate for local tax purposes is Dollars lS '1. dill any mortgagee be recorded conLempornneouely with or subsequent ~ to Lhe recording of the deed? no Amount S Property location: ~ 3 Mlle, Peanaylvaaia (Street end Numberl (City or Township) Sworn and subscriSed before me this 3~ 9 _S.4 ``. lfr,~.rsc~•~ ~~SC ~r> ~~ i.. or antes . ~~ Newilla, Pa. Lary Publ' l -r~ Address ' ;/IC transac on is not taxable, explninc _ ~ .-.. P.TCLRDFR' S ~ Mail copy to: Book No. p Comaanwealth of Pennsylvania ?age No. _ 1--/--- Department of Revenue Amount of Ta paid (aa er Harrisburg, Pennsylvania cancelled stamper S Date Recorded RCC-'J lRevl /. ;f ~9 ~lr'CdGU~ Tax ID No. /S-o3 -OnS7 -o3u ~ ~ I?FEi2 MADE THE ~ ~ day of ~r' in the year of our Lord one thousand nice hundred tilnety-sa (1996) BETWEEN HARVEY E. HOLLENBAUGH and ALECIA K. HOLLENBAUGH, husband and wife, Newville, Cumberland County, Pennsylvania, GRANTORS and ADAM E. HOLLENBAUGH of Newville, Cumberland County, Pemtlsylvania, GRANTEE WITNESSETH, that in consideration of ONE AND 00/100 Dollar (51.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby great aril convey to the said Grantee, his heirs and assigns: ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, as further described in a boundary survey prepared by Eugene A. Hockensmith dated June 21, 1985, more Pully bounded and described as follows: BEGINNING at a point at an iron pin at the southeast corner of the tract herein conveyed at the point of intersection with lands now or formerly of Guy T. Miller et ux and lands purported to be owned by Mildred P. Barrick; thence along lands of said Guy T. Miller et ux, ''South 66 degrees 57 minutes 51 seconds East, 232.94 feet to an iron pin; thence along lands now or formerly of Lee A. Clouse et ux, North 26 degrees 26 minutes 18 seconds West, 1295.55 feet to an iron pin set in a rock pile; thence along lands now or formerly of Mildred P. Barrick, North 68 degrees 36 minutes 19 seconds East, 265.85 fcet to an iron pin set in a rock pile; thence along lands purported to be owned by Mildred P. Barrick, South 25 degrees 00 minutes 00 seconds East, 1286.41 feet to an iron pin, the place of BEGINNING. CONTAINING 7.3756 acres. BEING the same premises which GEORGE E. BLESSING and REBECCA A. BLESSING, husband and wife, by their deed dated July 2, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Z, Volume 31, Page 869, granted and conveyed unto HARVEY E. HOLLENBACH and ALECIA K. HOLLENBAUGH, husband and wife, Grantors herein. X001( 1~ PACE 9~ EXHIBIT '' ~ This is a transfer from mother and father to son acd, therefore, exempt from realty transfer tax. And the said Grentors hereby covenant and agree that they wilt warrant apecially the property hereby conveyed. [N WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED [N THE PRESENCE OF '' (SEAL) HAR Y E. HOLLENBAU~ (SEAL) ALECIA K. HOLLENBA H BppK j..3.9 PACE 92B COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) ON THiS, the ~~/ = day of April, 1996, before me, the undersigned officer, p:rsonally appeared HARVEY E. HOLLENBAUGII, known to me (or satisfactorily proven) to be the person whose name was subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. [EREOF, I heretnto set my hand and official seal. ~rra ~- ~~t .G-~ (SEAL) NOTARNL/tAL aatiNOur, L ~tiiNM, MNaty Qewlr~iyRM.etrala~M~, sj, COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) M4.y ON THIS, the ~-day of IrpriC 1996, before me, the undersigned officer, •personally appeared ALECIA K. HOLLENBAUGH, known to me (or satisfactorily proven) to be the person whose name was subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ t1~~i - Moladal seal -~,, .~ Kann F. Byer. NMary Pudb CaAWa Boro, CumbeAand County ' ~.{y Ccmmlacion Expires AAarch 1 B, fl99 poalr 139 r,1cl 929 I do hereby certify that the precise residence and complete post office address of the within- named Grantee(s) is: ~£C5~ ~'~J21,Ke R~ IUew,r.(~a Pq. ~~~~~ Date: ~ ' Z ~l' f 6 Attort>cy or ~- I~ U ~ r -~ .n o <<, - N 1 ' ~ 1~ " m COMMONWEALTH OF PENNSYLVANIA ) ^ ~' ' :SS. ~ 3 n~r.. 0- ~ COUNTY OF CUMBERLAND ) ra z ° ~* -. m ,,, RECORDED on this a~ day of mr~ , A. D. s cn ~o-, '' 19 ~, in the Recorder's Office of the said County, in Deed Book ~_, Page R~a ~ Given under my hand and the seal of the said Office, the date above written. ;~%~~s ~~y ,Recorder 139 ice g~ foie:,, w....q o.r . ~,.,_ k, ,b...t~,~u. f.... Mrr Mr4 ti.. W+,+. M ", CQh4N,QNWCAUI~ 7F 9C~11Jc:Y~Viud~P. ':~ _ . Jf l~~l^ " U[P:+{IM[NI O~~ i'tVc:Na@ - ..i iatil ..._. -- -•'~- r 0i f l: r_ .t~ r~ ,r^ Ili f, .t. ~ ! ~ ,1' _ ~ ~yY I~r\u(t~ J,l F ~,~ ry ~ i ~ 1L (J V `f7fCAO4' TIIE a ~y of July in the year ojour Lord one thoumndnine hundred eighty-SiX E-1966) BETWEEN GEORGE E. BLESSING.and REBECCA A. BLESSING, husband and wife of Newville, Cumberland County, Pennsylvania, hereinafter Grantor S , and HARVEY E. HOLLENBAUGH and ALECIA K. HOLLENBAUGH, husband and wife, of R.D. N2, Box 158D, Newvi.lle, Cumberland County; Pennsylvania Grantee S; WITNESSETII, that in tansidoation of TWELVE THOUSAND AND 00/ 100 ---------------- ------------ES12,000.00~--------~-----~--~----------°--....--- Boltars. r in hand paid, the rrtript uhrrtoj is Arreby aeEnou~tedgrd,-the mid grantor do a 9itre6y grant and tonury lolheaaid-grantees, their heirs and assigns as tenants by the entireties ALL TtiAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, as further described in a boundary survey ..prepared by ,Eugene A. llockensmith dated June 21, 1985, a copy of which is attached hereto and incorporated herein and is more Fully hounded and described as follows WL•'GINNENG at a point a.t. an iron pin at the southeast corner o£ the tract herein conveyed'at, the point of intersection .with lands now or formerly of Guy T. Mi~2-ter et ux a-nd lands purported to be i owned by Miidr-ed P. Warrick; thence along lands of said Guy T. Miller et ux, South 66- degrees 57 minutes 51 seconds East, 232.94 feet to an iron pin; thence along lands now or formerly of Lee A. Crouse et ux, North 26 degrees 26 mittutes 18 seconds West, 1295.55 feet. to an iron pin set in a rock pile; thence along lands .now or €ormerly of Mildred P. Barrick, North 68 degrees 36 minutes ' 19 seconds East., 265.85 feet to an irom pin set in a rock pile; thence along lands purported to be owned by Mildred P. Warrick, South 25 degrees 00 minutes 00 seconds East, 1286.41 feet to an ~ iron pin, the place of BEGINNING. ~ i CONTAdNING ?.3756 acres. j 7^ i 80?~ t-J1 rhi $~ EXHIBIT ,• _ Q r i BEING the same. premises. which FREEMON'~ GUTSHALL a/7c/a FREEMAN GUTSHALL If and RUTH E. GUTSHALL, :his wife., by their Deed dated the 27th day of ,Tune, 1985 and recorded in Cumberland County Recorder of Deeds Office in Deed Book "I", Volume 31,. Page 56-3, granted and conveyed unto GEORGE E. BLESSING, the Grantor herein. ~~~/ .r..antPCvmb. Co« •Vo........ . -K 0...! [tiff. Tr.n,f., A^ / • ~O f ~/ ,~ ~ School Disf. 7 S ~: ~~ ` ~ Cumb. Co., Po. ~ _ ~ % Peal hfdc L+n,f./r Lt E o.r. ~~~' ~ b Q..{'4 .. Isl. f And the mid grantors Aaebr cnvanant and egret Stbat rbey niUwarront generally -thepropertr8erebymavryed a~a:*.7._3t r~c_ 870 .. J .._._..LL_, ;.... ~ ~. _.. .. ... L .. ,.... JN WITNESS R'HEREOF, toil grantor s ha vdeneunto set their AandS and . aealsthe day and-year Pent abovr wruten. ,~yara: ~l~a ~a ~Etlutx~a '' ' _e_. ~ ~' ~~ . a t m Wr ~resmu of Store of Pennsylvania u. Countyoj Cumberland f~~ On this, tAe ref llr'~ day of (/L(.,1.~,/-- , !9 86 ,before ms, the nndenigned~o~cer, personally-appeased George E. Blessing and. Rebecca A. Blessing ....'.t ._,... knaeon to me (or satufaetorily proven) to be the person S whore name S dre subSiibed• t~:~f~r iaithin instrument, sad. acknowlEdged that they exec ed tame for tAc parposei'~&eraZh ~ew'~of'netl '- IN WITNESS WXEREOF,"I hereunto ut-my , d a ~eial teal. s •. } ~~ _ ~/3'J i ' ~' ~,~~ c ~~. '~ ; _ IEtBFL1MN RIlPP, Notary Public =;~!~~' • ~ ~ ~ ~. J i C`am' MY Cvmmiss~. ;Expires Augus(~91'~eaf b~ker:... State of ss. Coanty of On this, the day of , 19 , Bcjore me, the undenigncd officer,. personally appeared Fnown to me (or aatitfactorely proven) to be the person whore nome ' ' ~ subscribed to the tvithus instrument, sad aekaowltdgsd that executed same for tht purposes therein contained IN WlfNESS WHEREOF, I henunto set my hand and o~eutt seal Title of Ojfcer. I do hereby eutify that the pMrscise reridenee and complete post o~cc addrers of the within named grantee L ~ , ~. ~ /ja u 1,SJ`-" /tJP'Ja~ i~l~ ~~ /7~Y/ July- ~~ 19 86 °~? GranT.ee'-%~s .tttornty for e~b~ ~~. PAiE H71 701--1.11-Wexsw, Dr A. 7lwnla-, A[le1 N01. M„vr NMI. IK., mdM,M. rA ~~ ~~ ' If'4 MADE TILE '~~ day~~,vyt,Q in the year ajuurLordonethouaondninekundred Eighty-five ~ ~' /IETWEEN FREEMONT GUTSHALL a/k/a FREEMAN GUTSHALL, and RUTH E. GUTSHALL, his wife, of 360 Alexander Spring Road, Carlisle, Cumberland County, PA, Grantor s . and GORGE E. BLESSING of R. D. 84, Sox 476, Newville, Cinoberland~Count , _ _ _ - -y Pennsylvania, Cra.ttee WlTNESSETN,thatincontiderotionoj Eight Thausarid (58,000.00)------------------------- in Fond paid, the reeript wherroj is hereby acknowledged, the said grentorg do hereby grow! and eonlrty torhesaidgrontee • .his heirs and assigns ALL THAT CERTAIN tract Of land situate in Lower Mif€lin Township, Cumberland County, Pennsylvania as further described in a boundary survey prepared by Eugene A. Ilockensmith dated-June 21, 1985, a copy of which is attached hereto and incorporated Ilcrein and is more fully bounded and described as follows: BEGINNING at a point at an iron pin set at the southeast corner of the tract herein conveyed at the point of intersection with lands now or formerly of Guy T. Miller et ux and lands purported to be owned by Mildred P. Barrickt thence along lands of said Guy T. Miller et ux, South 66 degrees 57 minutes 51 seconds West, 232.94 feet to an iron pint thence along lands now or formerly of Lee A. Clouse et ux, North 26 degrees 26 minutes 18 secronds West, 1295.55 feet to an iron pin set in a rock pilot thence along 2anda now or formerly of Mildred P. Garrick, North 68 degrees 36 minutes 19 seconds East, 265.65 feet to an iron pin set in a rock pile; thence along lands purported to be owned by Mildred P. Barrick, South 25 degrees 00 minutes 00 seconds East, 1286.41 feet to an iron pin, the place of BEGINNING. CONTAINING 7.3756 acres. eaa+cy31 °ht~ 563 EXHIBIT J ~ ~ P a BEING part of premises which the heirs of Daniel Gutshall by deed dated March 31, 1900 and recorded in Cumberland County Deed Book C, Vol. 6, Page 247, granted and conveyed to Solomon Gutshall. TAE said Solomon Gutshall died on March 30, 1922 having first made and published his Last Will and Testament dated July 1, 1922, duly entered for probate in the Office of the Register of Wills of Cumberland County in Will Book 32, Page 16 in which Last Will and Testament the tract herein was conveyed by specific devise to SUBJECT to a certain pipeline right-ol-way as shown on the aforementioned boundary survey and described therein. to.~w,7 °Cum4. Co., P:. _ CUtJ~M:ONWELITH OF FENNSYLVA!~fh, ~_= ~pss1 6t.r. i..arfr Td ~ .v - .. - F GEigRTMF.NT OF REVENi!t ~___ _ 1Y_-/, a --- C,r~ y ~ ps ~' •"'"~ ~ ~~„ r IKAN FER _ e^C.~~^4' pp //11 r: A '^ fh% JURiE'85 C'!j ~O'U. VI~j '_ Cunb• 6w DM. Cul. A4f• .. ~: f.f.:;~i7 11`11 . _. _ .... '~ ` l ' ' Il'+~• ~=wnb-'ird^ Schoo Isf~f~ Twmbr Ts4 .,,,~ ~~ ~, ti = =r+ •-! rrt r, '~ h'. w I,.i ~ c~ -t , ~~~ AND/Aesoidgrantore Arnbyrnvtne+tt andagree tkat they teillwarrane geneYSlly tkeprope}r~t~•Arnbreonoeyed 801!(J'3f. F~Lf 5~ • , (N tYJTNESS WHEREOF, said grantors have heKYntO set the1r hand 9 and seal g nc~ day and year fire abooe written. at9tttb, strata, Etta ~ttet~ta - ~- .•~..~ ~ ~"~-~-~~ .~.t. Itl 2ht ~CtfiHUt F EMON tdl ~-~ F1tEENAN GUTSHALL Q.. ~~~~jJ[~ Job ~L~/G~ naAt. RUTH E . GUTSHi1LL 1 hueby rxrtitl Chet the restt!rnce and Post~U1ffrce of wtttlin Grente~ is ~T ~C'ts~y7L Store of pennsylvania sr. Countyoj Cumyerland On this, the ~'7~' day of June , 19 85 , before me, the undrnigned o~eeq penonal(yappeand Freeaemt Gutshall ~ ja FYeeman Gutsh8' 1 and Ruth E, Gutshall 1 known to me (or mtisjartorily proaen) to be the person a whose nerve $ gre subsuibed to the within instrument, and acknoudtdged that they executed the same jot the par ores therein 'ned 1N W/TNESS JYXEREOF,1 kereanto xt my k n e„~te -- 1tlaAL . t+tt11N J. tI1Nt~M, t>tXARr IY~lt6 -~t~tt~ to M t~f JtlIT t0i, lt1(Title of Deer, . MetIN d nteleeeie heeeeYlMe N tielerlee ' . W ~ Starr of u. County of Un this: rhr day of , 19 , bcforr me. the undnsignrd o~cer, pnsonaRy appeared known en mr (or aatirfartorAy proven) to be the person tukwe subscribed to the within instrument, and nrknoudedbed ehrtt hr exeuted the tame jot the purposes thertin contained. 1.N R'1TNl::SS WNGREOF. !hereunto set myhand and o~eiat aeaR L n 6J~!(•~" $ j, pfc[ rJfiJr Tifle ojOffieer. ~- VERIFICATION We hereby verify and acknowledge that we have read the information set forth in the foregoing Complaint and that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. ;~ i Bruce E. Davis .D s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy j- nw 2112 DEC 20 CM 2'. 03 Richard W Stewart Solicitor .,FF,CF `' PE NSYLVAN A TY Bruce Davis vs Case Number . William Rand, Jr. (et al.) 2012-6962 SHERIFF'S RETURN OF SERVICE 11/27/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Susan Stauffer, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint & Notice according to law. 11/29/2012 05:15 PM - Deputy William Cline, being duly sworn according to law, served the equested Complaint & Notice by "personally" handing a true copy to a person representing themselv to be the Defendant, to wit: Betty J Warner at 217 Pipeline Road, Lower Mifflin, Newville, PA 17241. LAM CLINE, 11/30/2012 11:30 AM -The requested Complaint & Notice served by the Sheriff of Lancaster County upon Bruce Stauffer, who accepted for Susan Stauffer, at 2271 Hobson Road, Lancaster, PA 17602. Mark Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $65.00 SO ANSWERS, December 10, 2012 RONNTI( R ANDERSON, SHERIFF SHERIFF'S OFFICE f0f-CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ,. - ... , Richard W Stewart Solicitor Bruce Davis 3 Case Number ?• vs. N William Rand, Jr. (et al.) 2012-6962 n vi SERVICE COVER SHEET a o C N ? 'v Service Details: N cD Category: Civil Action - Complaint & Notice Zone: M X Manner: Deputize Expires: 12/14/2012 Warrant: W .Notes: N O O ti Q a W Q U Z Q J 0 a O X Z O C0 M O N N LCSO CLerk: Yvette Turco 717 723-4519 Serve To: Final Service: Name: Susan Stauffer Served. Personall - Adult In Charge - os - Other Primary 2271 Hobson Road Adult In / p Address: Lancaster, PA 17602 Charge: gru e'?, Jt-avJ?, Phone: DOB: Relation: Alternate Date: Time: ?; ?? Address: to M Phone: _ Deputy: Mileage: `D Attorney / Originator: Name: Jason E Kelso Phone: ^ 17-249-3333 Salzmann 1199bes PC 79 St Paul Drive, Chambersburg PA 17201 Date: i Lev 1 3 ? Time: C° Mileage: N N Deputy: Notes'FSpeeial Instructions: Z y?? l 1 `t Cn l = :? 1 vi No November 27, 2012 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Lancaster County w to execute service of the documents herewith and make return thereof according to law. U - LL, Return To: Q Cumberland County Sheriff's Office U) One Courthouse Square `?- Carlisle PA 17013 onny R Anderson, Sheriff RO-Al $150 $36.50 C1 BRUCE E. DAVIS and CINDY L. DAVIS Plaintiffs V. WILLIAM RAND JR., AMANDA : RAND, CONNIE L. RAND TOMMY E. BARRICK, SHARON S. BARRICK, BETTY J. WARNER, and SUSAN J. STAUFFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2012 — 6962 CIVIL ACTION — IN EQUITY PRAECIPE TO SETTLE, DISCONTINUE AND END To the Prothonotary, Court of Common Pleas of Cumberland County: cxa 0 Please mark the record in the above case "Settled, Discontinued and Ended." Respectfully submitted, i` lams, Esquire Supreme Court ID 75963 Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs BRUCE E. DAVIS and CINDY L. DAVIS, • Plaintiffs V. • • WILLIAM RAND JR., AMANDA : RAND, CONNIE L. RAND TOMMY E. BARRICK, SHARON S. BARRICK, BETTY J. WARNER, and SUSAN J. STAUFFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND 'COUNTY, PENNSYLVANIA No. 2012 — 6962 Civil Term CIVIL ACTION — IN EQUITY CERTIFICATE OF SERVICE AND NOW, this day of July 2014, I hereby certify that I have this day served the attorneys named below with a copy of the foregoing Praecipe to Settle, Discontinue and End via first class mail, postage prepaid, addressed as follows: James H. Thomas, Esq. Blakinger, Byler and Thomas, P.0 28 Penn Square Lancaster, PA 17603 Richard Webber, Jr., Esq. Weigle & Associates, P.C. 126 E. King Street Shippensburg, PA 17257 Respectfully Submitted SALZMANN HUGHES, P.C. By: Garret Brouwer Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333