HomeMy WebLinkAbout12-7849IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
TROY A. BUSSER & ANN M. BUSSER,
CIVIL ACTION -LAW
Plantiffs
vs.
GREGORY E. ROBERTS &
JANICE I. ROBERTS
CASE No: 2012 - ~~ Civil Term
Defendants
1N EJECTMENT
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
3;,
IN THE COURT OF COMMON PLEAS ~ "~ ". ~ {;:;; , ` ~,~
OF CUMBERLAND COUNTY, PENNSYLVANIA ~T~LL-- ~ ''. ' '•~ ~~ i ~ 1,
TROY A. BUSSER & ANN M. BUSSER,
Plantiffs
CIVIL ACTION -LAW
vs.
GREGORY E. ROBERTS &
JANICE I. ROBERTS
Defendants
CASE No: 2012 - g ~ Civil Term
1N EJECTMENT
COMPLAINT
COUNT I: EJECTMENT
AND NOW comes the Plaintiffs, Troy A. Busser and Ann M. Buser, by and through
their attorney, Thomas P. Gleason, and states the following cause of action and in support
thereof, avers as follows:
1.
Plaintiffs are Troy A. Buser and Ann M. Busser, adult individuals, residing at 3512
Ritner Highway, Penn Township, Newville, Pennsylvania.
2.
Defendants are Gregory E. Roberts and Janice I. Roberts, adult individuals, residing at
3510 Ritner Highway, Penn Township, Newville, Pennsylvania.
3.
Plaintiffs are the owners of real estate located at 3512 Ritner Highway, Newville,
Pennsylvania, which was conveyed to them by the deed of Keith J. MacMillan and Jeanne L.
MacMillan dated December 29, 1995 and recorded in the Office of the Recorder of Deeds of
Cumberland County Pennsylvania at Deed Book 133, Page 405. A true and correct copy of said
deed is attached hereto and incorporated by reference as Exhibit "A." Said property is also
known as Lot 22 in a subdivision plan titled Land Subdivision for Stanley L. Spencer, Jr.
(hereinafter referred to as "Subdivison Plan") recorded in the Office of the Recorder of Deeds of
Cumberland County Pennsylvania at Plan Book 51, Page 115. A true and correct copy of said
Subdivision Plan is attached hereto and incorporated by reference as Exhibit "B."
4.
Defendants are the owners of real property located at 3510 Ritner Highway, Newville,
Pennsylvania, which is a parcel of real estate bordering that of the Plaintiffs. Said property is
also known as Lot 23 of the Subdivision Plan. See Exhibit "B."
5.
Defendants enjoy access from Route 11 (Ritner Highway) to their property by a right of
way or low volume road set forth in a Deed of Easement dated August 17, 1987, whereby a 50
foot right of way was granted extending from the rear property lines of Defendants' property and
Lot 24 on the Subdivision Plan in a northerly direction to Route 11. This Deed of Easement was
recorded in the Office of the Recorder of Deeds of Cumberland County Pennsylvania in Book
338, Page 850. A true and correct copy of said Deed of Easement is attached hereto and
incorporated by reference as Exhibit "C."
6.
Plaintiffs enjoy access from Route 11 (Ritner Highway) to their property by a Right of
Way Agreement dated May 31, 1990. This Right of Way Agreement granted access to Lot 22
via use of the low volume road set forth in the above-referenced Deed of Easement dated August
17, 1987, and by an additiona150 foot wide easement (hereinafter referred to as "Right of Way
Extension") extending along the rear of Lot 23 and Lot 22. Said Right of Way Agreement was
recorded in the Office of the Recorder of Deeds of Cumberland County Pennsylvania in Book
401, Page 393. A true and correct copy of said Right of Way Agreement is attached hereto and
incorporated by reference as Exhibit "D."
7.
It is clear that the May 31, 1990, Right of Way Agreement attached hereto as Exhibit "D"
was entered expressly to grant access from Route 11 to the Plaintiffs' property, and does not
provide Defendants with enjoyment of the Right of Way Extension. See Exhibit "D".
8.
Defendants access to their property is limited to that granted in the Deed of Easement
dated August 17, 1987, which is sufficient for enjoyment of their property. See Exhibits "C" and
«D„
9.
Defendants are currently using the Plaintiff's Right of Way Extension as a means of
ingress to and egress from their garage and as a location for placement of a baseball batting cage
and shrubbery.
10.
On August 28, 2012 and September 19, 2012, Plantiffs, through their attorney, Thomas P.
Gleason, contacted Defendants via letter notifying that they should remove the batting cage and
shrubbery and discontinue their unauthorized use of the Right of Way Extension.
11.
Defendants have refused to remove the batting cage or the shrubbery and have continued
unauthorized use of the Right of Way Extension for ingress to and egress from their property.
12.
Plaintiffs are entitled to exclusive use of the Right of Way Extension as set forth in the
May 31, 1990 Right of Way Agreement and Defendants' continued use thereof is unjust.
13.
Plaintiffs are without adequate remedy at law to stop Defendants' unjust use of the Right
of Way Extension.
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiffs and against
Defendants granting Plaintiffs exclusive use of the Right of Way Extention, ordering Defendants
to remove the shrubbery and batting cage, further ordering Defendants to cease all use of the
Right of Way Extension as a means of ingress to and egress from their property, and granting the
costs of suit to Plaintiff and such further relief as the Court may deem proper.
Respectfully submitted,
Dated: ~ "Z~~ ~S ~ 2 c~ ~Z (~ ~~(~
c~-~, C ~ IL~~JI-~~~`--
Thomas P. Gleason, Esquire
Attorney for Plaintiff
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
PA Attorney ID No. 82259
VERIFICATION
We verify that the statements contained in this complaint are true and
correct to the best of our knowledge, information and belief. We understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
Date: ~oL ~~ ~~
Troy A. ser
Date: ~'
7~1 ~ ,~
Ann M. Busser
w.rern ~'"m-"" me~.orr mwe
tv 3 a-b 11 r' .PARCEL N0. 31-10-0620-021
~~ e~~-
1[AD1R TfIB ZQ ~ doy o1 n
of ox- I,or~d oxe thomeaxd rdae hxadred ~ S 1~..~ ' ~ ~ Yea*
BIeTWSEN
KEITH J. MacMILLAN and JEANNE L. MacMILLAN, husband and wife,
of Newville, Pennsylvania
axd
TROY A. BUSSER and ANN M. BUSSER, husband and wife,
of Jacksonville, Florida
G'rsxtors ,
R'ITNiSSSET$, fAat ix eoxeiderntiox o/ ONE HUNDRED TWENTI(-SIX THOUSAND---- ~~a
-----
---------------------------(5126,000.00)---------------
am ~ fMd. 2hs +'eosip! whereof ie ~a+'eh ~ ~ p~ Ohaxtors do herby
ao+twy to the aafd Orawtee s,
ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County,
Pennsylvania, being known and numbered as Lot No. 22 on land Subdivision for
Stanley L. Spencer, Jr., recorded in Cmberland County Plen Book 51, at Page 115,
-more particularly bounded and described es follows:
BEGINNING at a railroad spike in the centerline of L.R. 890 (Ratner Highway) at
corner of Lot No. 22 and Lot No. 23 on the aforecentioned Plan; thence along Lot
No. 23, South 31 degrees 22 minutes 55 seconds East, 322.64 feet to an iron pin;
thence along Lot No. 26 on said Plan, South 58 degrees 37 minutes 05 seconds
West, 150.00 feet to an iron pin; thence along Lot No. 21 on the aforementioned
Plan, North 31 degrees 22 minutes 55 seconds Weat, 324.93 feet to a railroad
spike in the centerline of L.R. 890; thence orer the centerline of L.B. 890,
North 59 degrees 29 minutes 25 seconds East, 150.02 feet Co a railroad spike, the
point and Place of BEGINNING.
CONTAINING 1.1150 acres, more or less. BEING all of Lot No. 22 on Subdivision
Plan for Stanley L. Spencer, Jr., recorded in Cumberland County Plan Book 51,
Page 115.
TOGETHER with an easement and a right-of-vay for ingress, egress and regress to
Lot No. 22, said easecent and right-of~+ay being 50 feet in width and being lo-
cated between Lot No. 23 and Lot No. 24 on the aforementioned Plan and continuing
over Lot No. 26 along the rear the rear of Lot No. 23 and Lot No. 22 on said
Plan.
SUBJECT to all conditions, restrictions and protective covenants, easements and
rightsrof-way of record, including the Declaration of Restrictive and Protective
Covenants dated December 3, 1986, and recorded in Cumberland County Miscellaneous
Book 326, at Page 786, and subject to a 15 feet wide utility end drainage ease-
ment along all property 21ne and road right-of-wey lines.
BEING known and numbered as 3512 Ratner Highway, Newville, Pennsylvania.
BEING THE SAME PREMISES which Mary Jene Spencer, unmarried, by Dead dated June
1, 1990 and recorded June 4, 1990 in the Office of the Recorder of Deeds in end
for Cumberland County in Deed Book P, Volume 34, Page 269, granted and conveyed
unto Keith J. MacMillan end Jeanne L. MacMillan, husband end wife, Grantors
herein.
E001( ~ P~F Q05
EXHIBIT "A"
And flee said ytantors hsroby sooswewt and agree that they
toeU wannnc specially
~ qty hersby eonveyad
IN WITNESS A'BSREOF, acid Dnswtors bare het'swnto set their hands and aeaLs
~° ~ attd f~* lit above taricten.
A /~~ ~I~Y/ ~~ ~~IC8I171 ,1.~ _. ,. -r-.... `mod
scuts of P'~-~~r-.-~,-nev~,+~;(~,
Cowtty of ~~.~-..Ar-c~~.,,,.4. p.
On elliy the Z9 T~ ~y ej ~ .
A Notary Aublic , 19 ~ S ,before me,
~ ~ °~• y°f'Y apMa*ed KEITFI J. MacMILLAN & JEANNE L. MacMILLAN,
husband and wife,
laeoeote to ewe (or aatiajetatorily pt+oerpe) t9 be the parsons wbws teawa s ere arbseribsd to the
toithne iwagteweswt, seed aokso~oisdpsl that they sxeewced acne for the pwrpoaea thereein
eowtoiae~d.
IN WITNESS WHEREOF, f hsr+ettwco sPt my hand and o~ioiwl seal.
{~{~
State a/ ~ r'
,~ .~ i yam. :;..~
`
On tkia, the day of , 19
", .
before nee,
the undetaipteed oBloer, peraap~{y apy16~
bteotme to ewe (or astiafaoton~y graven) to bs the parson whose teens awbeoribed to flee
toitletsa ~~~, ared ~ that exeswtsd aawee or the
aowtained, f purposes therein
IN WITNESS WFIEItJsOF, I haareaeto set my hand and o~idal seal.
Title of ODiaer.
do heroby osrtijy that the preoiae reeidepoe and complete poet o$iee address
a j the within named Dratetsa it ~ 5 f L ~,,,~,.~ ~.(~,~~w.rv,r,,,
W~-R-vJV..49..~ J ~G.. I "7 z..y
19
~...
Attorteey for _ ,
b001f ~ PACf 4~6
$ITE DATA
Total Aru of F,rlfin Form: 171.6662 Ac. `~"~%~~~~I'!`~ ~i I'!;,;
Tatel Ana PnvleaYy Suedlvbea: 75.4861 Ae '~: f:Tt'e2_ ;.. r- L_':I;:; '
Tolel Area Thb SubmhYm: 95.9801 4c. ~J ~" ~ ~ ~ ~ Lala M•ataeay e•m•YN
Total Leta PnvlOaatY: 9 Lob MaaleetY aVOrareO
Tptet Laa itb Submbabn: 17 'f6 E6U Z4 t:fl IJ 24
Mblmam Lot Mao: 1.0633 Ac. O Leta la .. efMerM t7 Itb pen
NI•bnrm Lsl Frwlga Im WNIIq ut-tars Umf: ISO'
I/a• of Loh: SIgN Famq Raddantbl 11 4pka6wall
ZoMq: Nom
54rape Dkpul: On-bl IndlMdual S•luurla• Seaope SYaI•ma
WrR•r SuPPy: On-bl PrHel• In6NWm1 WIla
FINAL PLAN
Ns Daub wlr w pdc Nwapa facldu
ara arWega fo aarWn baa bla,
~'t
-:E
tl61efA8{81111tt »7M1 tAp ~MpwINN11WTNLR~BtW Owll Sta.,t.F~Pm641 r' ~'
818Q1868ae116et6PR,r tq7 AR[ ~ i ~ IYnieip9liry
MII/Y 888MAM 109 tR18N01~[. bp' tee cluEeclaOd Coaety
- ~ `TLS S1~lY 4C Ptaming C9ata9i00 On EPr 20. 19M -
Oe6m ,-
60178w1a6~11t6Ntt,txtr7r frl^„"dclc a6•rD ~yl ti• ~ 7 ab
~A6s 66wM,A RerAn luwac,w um I r~Cb6lzsen ,.
.eaRwm 7 ~eor s~(O(,~rQ~9r tR[
w !etul6etfm!n._ttw tau 7o K _.cr •AO am I 1o•f »9Y1r•P hew fr 6trteYMaY ._..
..~.*es 'R~RU~ coon 7R. uovt nu m 6R 66RRm a t~o.e
---- -
L
NOTES
E1P. • M Pb '
UI . hs PN CwI
E.RA1 • EeWb61111Yw16NM
R.ItSl ReOr•o06W (wt)
EP.K • FY11YtPIWlrraleeNM
RK • itrYer 11111611a6IrN
R/W . RI/N-N-Wy
[•PtaPNIP I.kl,kt
w • Nw arF•1eNy
w.ti~.: oww 66-e.h61 tp1
OaM MM >•i~Y76M 900
Du! 8•Y 72-F,Pa1. 761
OWNER-SUBDIVIDER
e.~p pjr" tkwa.
Ra•H 5
R..w•, PA. Irpt
717-716.7833
460 p aep 600
ft01. .33r
41 MarmYen Yew M to YM•e 1100 w 11att•1 }rn• 4a•Y reaarud M
Cuetarlai Gu67 D•N iaet 2FC. P•6a 301 OtN IYea4 Poet 27-M, Pape 930,
Ib flW ~ gTeuj W C~r I R.6. al M4 Rw~i. YeOt.
CARL D. BERT
ff3lfif~fi NffYE10l
rAK yNp ,~ NM fNt1141f INI
^ Nlff[YfpN, IL ilffi
tNU1 PENN TWP. CUMBERLAf~ CC
NOV081986 LAND SUBDIVISION
FOR
STANLEY L. SPENCER,JR.
FLE: C-WP-88-1
CAA. NOV.3.1886 RCHITE S ucbrtn t r ow
,. .
.. PI u a 1s .
-: BK- 51 ___ PG - 1 1;5
M 23Y1:20^N •4•. 1+b Ml~' Na'ow E. FN•Nll+ tr I I
'9-ICB W
f1-__. ~ * III ~ I -~
7 I:r I -- __. _ ~ •r ~i ~_ I
~ ~ am4rr•r9x ~ ~!I a~
I I"' I __~ n"•ro s.,.ll... , . \ 1~~ . I 2z.k-414 c Lr'•aar I ~ I : I m „
e• y 4 ---~__ •-ra~
$ S --~- ;~
LOT N0. 11 •\ ...co-= I td ~ ~1 ii~qq ~,~t i 1 i
I f , vI I I
rasa Acw: 3.7x17 Ao. I
64a R/W mw: 0.0340 Ac. LOT N0. 10~ -, I ~
Lm A.w: assn Ac. rola A.w: L'res4 A.. _,~,: ~ I'"
.... D•4 R/W 4w: 0.1033 Ac. _
'^,\ „}_ ....... I Lsl Arw: I.CC21 Ac '. vn, t y
I
I • I S
:~~ ~~ \ _'
s~ Ix ~~~
•~as c9ar a.ot-zs,1ES"'""" i~ I~~
- N31.22i6a"W 429.63' • I~
• ~..m'= lf.Y=I pH I
.99'Qr . 3.tt-22sIEC w_ ~ s
M31.2R36'W 428.f~'
aje... .E Is €i
AIAt.{fIO•IyS AI~C atii19Q' 7D 9E N[IN-C . I ~ ~ . ~
tlbao m char place.
- All ualL IWt L4 ]as lcttl ..inlet. a: f00 feet imN A.w: 1.4»T Ac a.eP+ ~. { 'rf S I ^
- a6-a~aE~ae~i °f w nl°'nsf•ea'I."p p•M1 R/W Yw: 0.1023 Ac. ~ . err -4 1L
tCysQe d{yppgt ~,yt~ ~t y ~ LN 1nC 1.3774 Ac. ~ ~ i ~I
laattNl cud. fmu tl giteettd b~ the Twnshtp
a+we!~~~~~ta telCetcaloent d[IC¢. Places r 3s++ ~n 31 I S
euilaln{ act-6ck 1Lr4 Y tlm ce ehw
- ~Cty~d ~e eu~mt IS feel Item all ~ ~ - I o I
rfaht-Ofwsy 1Lrs. :_~ • I
.rt~6Zr 3.tt-.ZZalES
u ~~'
SOT N0. 13 • a I' ~ t C
z ~II
O 40 Mp
ica11 • a
N07ES
~+ • ~'~~ DETAIL LOT LAY OUT
iv.. sae yr ri
u ~ ~"' CARL D. BERT
~~~ SOLC TYPE Ai1016+ GlK+GYMIC 1y11t NNr NW
367.2 IM Isles MelYraN PJC•IWN1tNMMSa (sM)
Rnr•wtw•wrs2 NY lulEYglt NAI_
~_ ~I wO" ~rN• NI-M~SNN /l 11!51
ast-x iwsNatr roeq ae1Y swr ww Nwtwrtlw ~, ti~ ~ as RWO sar eww7aw
n-aa rlNa IIIIAreP c+esw= awes n^ • wep•~Qw TWP. CUMBERLAND CO.
eo : , ,• : ~ oer w~ ..,.....
"`~"-' " '°""""°' ''""• ~ ..~s4 ~~ LAND SUBDIVISION
ao~-s anw w NCI twtwrN4 ~~ N.le fcs. err NOV 0 3 ~A6
+LeNMwee lace N.I. C.c.s. maNtN N ~ O+rP•MIIN sew wencnl M Auelsr FOR
"""`R""w"°`" STANLEY L. SPENCER,JR.
Ilslw~w: Me/ wa 2c-c.P.r 661
OaIN Mae 32-F,Pa2s 36l FLE: C-WP-BB-i ~/3S/ /f //S a'~'
SHEET 2 OF 6 cAA. Nov.3.198s ROUTE 5 NEWVILLE.PA.
7
.. .. _.
;..
--I _-------
- _ ~
I'~. _.
I
~- W,~ BK - 5 ~ 1 PG 1' 1 5 a -~
;: _
,.
..
_ _:
.,,
• r -. .~:.:z..
,.
. ..
r
,a°
3
7I
8i
~~
i~
.I ~
~~~?,
~~ ~~
~I
IF
I
}.~
I
NOTEg
ElR • ldYYy.M Pb
LR • M ale (nil
MS a• Iltlllf/IM ~
L.RK • Ld11M AYr F
E~YYf'tttlwtt n totm
,: kM UltA Qase Mp
9tW 4ea rtn4n lnNn
• cno-neea lltr Mrnbe see a.ron
PYWSII~ Itn MY Indim
]itt !nY T/ea
~~~
~ n_
-All '9HIUND PJIl41O1 Aro 99D411[ aurlsa.
:,'~'~_~ - -- - as r..
lasted nd.fYtaiLd Y direeted Ly th 7.wislup
~ICEiC®®C office.
_ ,~~ ~
- A utility ad dreinegsaensmt IS fast fr® e31
pcapeztY ltnea Ye roa0 riptt-ot-,uy Ifms.
1
i
I
i
CARL D. BERT
C _ >
Y~..LaaOaG feels ~ • '~Tj ~~ G1` Onb 19f wlw~wt SN MKb~r~L~sf
i ~ .. ..:
'l'S1r _.
f ~ t
~ Y_
__.
~~wit PENH TWP. CUA~6ERLAND CO.
LAND SUBDIVISION
NOV 0 31986 FoR
STANLEY L. SPENCER,JR.
FILE: C-WP-86-I ~~,~//f /.CTS
ET 3 OF 6 C.D.D. NoV.3,1986 ROUTE 3 NEWV~LE, PA.
j
BK-- 5~ 1 PG - 1 1 'S - ,~ .
~~ B
£~
bM n/r el SteNeY L Spenen, X. ~ loe4 Nf of ~ ~e ~ c..r.._-- -. i 1aM NI of ~ I
._ _ _ /r .r ee.r..e u
I \ I ~ ~~ Let Me.l 31-X-595 I -..-.... 27-6-601 •. •-~m
-_ ___ _
•'[aT r.raB.ePo M .n u1 r~ Illl.e«I 11r1YiR MW- -- - -~ -~ ~"
. • n. • utw.. eJd u ~ -
.BalrYe! e4.a NSBe 00'E NSt33=U"E 7767 NSN7(Y- E 33.fT ~ •^~",eaa N3V10-OPE 87.37 NSle29'-26-E NSM29*23 .•- - -..-_ __.__ ___
i. i-YN - _- __ _ [ -_ _ _- _ ~ __ _.6249' -~ -- -' w ~~-~ Y-- --- I
-- - _ _ E
_ _
~. an q n.. OMUrM nie LM - - _._ _-. • _ _ ~ T ~•• _
~„.. nyrrr .~.. rw~n.~. E1 ~ 9 07 .~• ~i 37.M 7 ~c.~,.`~ °~wnU n+.n ~.m.~ -~;~ w~-ar.
b
N i ;' u V ;. V$ a n4Yr 6e1 ~ i
~ ~ ~, .. g.... ~ 7
~.~- .~,
e, j.......~ .. ~
........
aae ........... a..... w ~ ,~
~ i ~ 1 ~..
.,$ ~ O ~ I ~ LOT NO. 20 '
Tetd 4rae: ~ 1.1022 4. Tell Ar«: 1.1777 Ae. TNd M«: 1.1707 A4 '
F OeL R/W Mee: 0.0770 Ae. DM R/W Mw: 0.1012 Ac OK R/W M«: 0.097G Ae. 'ay
LOT N0.17 ., . ... ~ Lel Area: 1.0252 Ae. of MM: 1.0331 Lel M«: I.O771 Ae
-..
Teld Area: IA762 1c.
. _
a
Deb R/W 4w: 0.11«Ae. '~.
aN .... ... .... ... .... Let M«: 1.4573 Ac. ~'..
O
I 1
I 1
~ ~ - ~ I >y
I~ ~= l___ ~ ~~ o~ ~ g=am _~
.eL'zlz R..9o-1s.B6s .oo~osl M.-601CN9II .00"OSI NrW-:sNSS r. ,00.OGI I/~9p46dI9s .-
Nxesr-os•E ~ z127r
~ ~zrlae awa.4 Llr^ ~ ~~ NOTEg •3 AP,.
tEU • .« vn LOT No. 2c
eee... . ~ -~~' ~ ~' ~ 77.m-7 ~ Lp. B« WR iwlf
~ R~ ~~ rjWr Clm7VE DATA
y.e-e / ~; 9BrEk~Ir,1e.P°r><aleA ~ ww R L p r uw4 Borne cu«a L.rytn
~e~B31~N.tey[ 17A 40.00' 6283' 9MOd-00' 40.00' 77P27-33"E 36.37
T D. I (e Ce.lorir 101 10.00' 62A3' 9M00'-00- {0.00' N13`77W3-E S6.ST
Tetd Ar«: 21.82 A<. e/f a Mks yilf6n6erb
Del R/W Ana: 0.0313 Ae. : EBBMe9'4e.leWO r NkM
Let Ane: 21039 Ae. •• 1rr IjB,gO, 01N. w
Mo. / . /~tl a.. B.Gi~ r /Wrr
~ _ ~i : B! B+ r.r..l.we..r .N NY.9.r
-.e.wrR w Bw rerr
~$ ,p lass a49e rlr. Sw1e e
RNOwNe: Oae6 Bonk 3Y-F,P4ea 361
~.
Oee6 BeM 2id,Paee 301
!. "= DETAIL LOT LAY OUT
~ ~.~,~BllIOLTm~~
14
~
~~~
[ ~
` ~ ~ ~ ~ 8 ~ 11® ~ • CARL D. BERT
~
{~
~ ~
L
_
~~
.
~^
x.1. « eB«.
8 ~
u
7.r
.
- Au tens, ..e s. 3.e.w . rm.. ~ 300 [«~
~~ «6~ ~ .+..du..NB,.
~ ~ G16 ""~ B'rt
~` •• aN«pn surr[uwes, n usi
•rrzsz AL.so-ue9ss _ ~~,~~'
_
~~«~w~ ' PEEN T~ CUMBERLAND CO.
~ e[[seeN.
- 6eN[` i~iRB a.e~edl ue« « rm m ul«.
~
u
'IOV 031986 LAND SUBDIVISION
uq' ~ ~.t11eB. ar..«e ss [«e tna
.i!
Lor No. x -~ "
9~,.~.« ~ ~ `''~``'"" "'~`' FOR
STANLEY L. SPENCER, JR.
SHEET 4 OF 6 FLE: C-WP-86-1
CAD. NOV.3 1986 I~~6/P///3 =C
ROUTES NEWyK,IE pp,
WTCO/8011000 ~... ( I .. ~ _ ,
- .. _T ;BK 5;1 PG 1 1
. ~ -~- C
_. - -
E{
~>
,_
~~
id
All. l0lS AE 6W6R 10'A6 1CUAY[IC
- Au '~mm uoaro. A(o smmart puma.
.teln « nr.a WIRe•
- All relle gut b 1mtM • dnflN>. of SOD fast CURVE DATA
[t~sv[ d th tlb-ufca taage
elapaal 161A.
- All wb~d'.ee ar~I~~a dlapmal ysta.c twe be Cvw R L p r cnera ewny ce.re L.pm
laeagd cad. itrull.d u dlsetad q th 1LeatdLLp
~e~~~y_a~11fOTeerlt of£far. 23A 90.00' 62.OY Ma'1S'-02' 39.25' 475x77-26'E 36.03'
- °'w'~ eat-6eC9 Sftw u elan oA tltue Plan 24A {0.00' 64.01' 91x14=13" 11.23' NIIe29=11'E 77.17
- A uRiliq etd ~ainl~e antnnt 15 fact fral ell lard Nt m Jorllee 0. cMbn
pteperty lines sd nad dgAtbf-vy linear 23-6-601
aEtt elleNaOea TeP. -_ - - -_. - - - - __ ~ __ . _ _ _ _ .__
~ US IIfLR MOIe - ----- S:e
saw 7N_ N59•2Xri"E l 150.02' _N39a29~7=E _ _ ~}' pff[_ +• NSY2~ri`F_I107T_ ~ ~x 'ua - - - - _ _ - - - - - ~slwq.
w TJte __ _ _ l ~ Eax- - - - - - etla't9a.$~~0"'E 106.60' N39e28=27"E' 16L3C L ----t`-~`3t-.
T __ T--. -Y-~T _--T_. __ ~ lw .1e ~ ~_
-_ - -T-- -'~- -r - i l - - - --
.~wnra[w.T Paewn Cew ^ .]b Iran (1~ Aa, 1~~4~ .. .. - -- ,. __ __-~ -
eNaaM e/e ly M T-]e1
_ ~ + ... ?~, rya' ~ w I... v n~..n c...e ern c...n`
n ~" ~ L°I Ri an
~~ \ '~ a Y
~_
I~ ~ LOT N0. 21 .. _ , . ~ . ~ OL T NO.22. I ~ ~ ~) LOT N0.23 '~,i I OT N . 24 I ~ \ OT N0. 5 a
- _ _. ~ ~n•w . _ _ TsM Aw: 1.0766 Ae. Tetal Mae 1.0653 AL I T.M Mwn 4. I Y
(o Dee. RlYp Ateo: 0.0696 Ac Deb R/W Arec: 0.0721 Ac. OeI R/w Mw: 0.07.7 A<. Oct R/W 4ea: 00626 Ac. Dee. R/W Arco: O.IIM Ac. ~ e' ~
Let Yee: 1.0730 Ac. LN MM: 1.0326 Ae. Lel Yet: 1.0203 Ac. Lst Mee. 1.0027 Ae, Let Mw: 1.0431 Ac. 8
\ n ei
ze ~^
-3
3 at.m't I p,.re 2 a
~ ~ ~ L w ~ , ~3 ~ ~ eat:: ( K ~
p+_'
.00'0£1 M.fA-1£x6£5 .00'061 AI.£01£MG£ . AO'0£1 .1~£0-1£ACS a ~00'0£I .6"£OY£AGS .£L'!tl A1"60-iCW£6 'ems
e}Y ~ pp
LO7 M0. 26 J
0 M 100
9aeM • S
(DES 6aa PAl
tD • Ya6lY £M)
IUt7.• IYY~iN!/96 MIf l~
(.RIL • 6lttd620Yr N'~ IIaY
PX• 1rYI6Nl~lM (ee0
~c.e.~r "~' DETAIL LOT LAY OUT
e• rteAy tlr
N 1
~" ~ .,.~ CARL D. BERT
` tnAl usts.ol.e w
ar twa ewwee trlea !ice 1!
r~/ (..16.rs...eN ea nsi<mss wr
Qaor••w+.9erwr«.e.n as °"°'A1f eat.aPte f~lir[~f6Ot, -L litfl
u6a~s~s.r r°'tf6.~~ ~.+t~ PENI TWP. CUMBERLAI~ CO.
Rettreen: 9eee acct 26t,Pe6e 701
Sew 6ea u-P,we.7c1
LAND SUBDIVISION
NOV 0 31AB6 FOR
STANLEY L. SPENCER,JR.
FLE: C-WP-86-1 ~b,s7/~//SO
SHEET 5 OF 6 CD.D. NOV.3 586 ROUTE s NEWVILLE PA.
.. _...~.W,~.~~, _.-.._ IBK 51 . PG 1 1 ~5 D ..: x ,t.
________-._..__.. ~._.. _: ...~.__~.. ~.. ....-_.... _; _.. _... .4>.•:~c,u.W1~YSMMM.an.flNieYi6N1~
_~
_. r
~' ~~s~ ~ ~ ps 3 ~~a .s aM ,. ~ ~ ~ 5?g
s~~e ~ ~9~-$ ~~ .~ Asa ~ •~~~~;~3 . ~ ~~~~ .~~~~ ~; -
~ fie.. ~ ~~ ~~~~ ~i"~ ~~~p-~ ~a1 _~~ ~ ~,~~~.~~ ~~i: ~
~ ! ~,
e
7,L{~~Y'+Y M/N ~ d
iLG~N~If 9 3
R spq)I'N RNV4+B la N~ pN r
3 44 4s. , '.
fPP2MW E
~~ _ ~ 1 ~ \ Y l ~..
n S 4~ ~ ~ ~tt / - ~~ N ~ va
s 4 w~ g ~.~ I ~-_
' 1 ~ g- ~ 1\
1 4- ~ '.~....... ... ~~~.
~: //-~
11 1 ~ o ~'~~ ~ ~ ~ ~ Y
X111 $a ~ \ $ s /
I 1 ' \ r ~ ~
~ 1 aF 9 L - e a °4. 8
1 9R ~~'. ~~ 9 :~ x e>
9- _ \'' 2~
1 ~ 9 /
V ~ 4:
1
Q
`
4 ~ W
W
m J
C N
L.L. ~
~
~
~1~
~-' Z
~ U
Z~
'O ~N . > ~i
J=~i
- m ~
~ C
~ J
w
a
~ J
Z h
N
`~
^ ,~
C - ` ' ~
~
/
~
J
? ~
i ~ , ~M
t7
~
t~
t
jjj]]] p
p
2
'~
~V
~~
~$ a ~ ~"~
l~~~~~;P ~~ ~ ~~~ ~~
t~
! t F
~f ~~~~'~ ~~~~
1~yj gJ .11~{{ h '•
0
t0
* f
-11 \ ~ & » I
Yr ~ 4y $ a ~ ,q{
-II\,gpl~~liM a ~il~~
a ~ ~~
1 ~1 ~ ~
1 '` S 7~ }
>: C ~ `~~ ~ Sn:w
11 9~7E:
II - _ a
.1 l-e 9 ~ \ ~ a h
I 4- § ~ 1111 ~ a
1
1 _ xrlot .' wst+.ss j
;yi ~ 111 ReEKt E.1~Nbv/ yy NI el M>41~ E. FaBm~loek V J {~~}~
w .fr ,], 1 y2.%-ol4 21-B-IBO iii ggpp 7`-p°~ps{pgpg
1. ~- ~ iii
~ ~R~F
3
H
W
2
N
S
{~K{Z
O
W ~ [
}
f
0
. .
G
C
3
W
>~,
-;
r
T
V
a
r
e.
I
g~g~
i ~:
~;
.~" ~ d
f
1
A,
W '.
.x.. 0.
~.
o L°r ~
_a
U O
v_ r,
~oc•
o ~. ^
C Q , .
O U ~~
o ~•
Ot-!= ;
V K
W ~
C l.1 ~
DES Ol EAgERffiIT
TM1S 1MDEe1!lIRE~ cads ehs ,1~ dap of lruWtsr . 198J, by and
bstwen DIAtL JAMS SPENCER of R. D. !S, Dox 1038, Mawills. Psmeplvania,
17241. 6srainaltsr ssferrsd to as "GRANTOR", and STON! PO371T DEVELOPERS,
INC., o! 8810 Pinavil2a Road. Shippeneburg, Penna7lvaaia, 17257, hereinafter
referred to u "GRANTEE".
WHEREAS. GRANTOR is the owner of certain psesisss situate fn Dean
Township. Cwberland Conntp. Psnneplvaaia, which psestisaa bas been laid out
u land subdivision and L shown oa Subdivision Plan recorded in Cmberlaad
tp Plaa Book Sl. Page 115; sad
WHEREAS, GRANTEE has purchased Eros GRANTOR Lote 23 sad 24 as shown oa
the aforsauntfoned subdivision plea; sad
WHEREAS, the paztiee hereto an detirow of. providing for acessa to sad
fson public road known and designated as U. S. Route 11 frrna Lots 23 and 24
over sad along a portion of loe designated as Lot Mo. T6 which la laid out
and reserved for future use se a strest or road is eonjuactioa with further
subdivision of Lot Mo. 26; sad
WHEREAS. the parties are dsairous o! providing unto the GRAIREB the
right to use ouch portion and establishing and providing for the cost of
leprovameat sad maioteaance of such portion until such tfae as the ens sup
be lsproved and dedicrted u a public •tseet or road in accordance with
further subdivision of Lot No. 26.
WITNESSETH, that the GRAtiTOR, for sad is coneidasation of the eun of One
($1.00) Dollar, lawful awnep of the Dnited States of Aasrica, unto her yell
and truly paid at and before the sealing and delivery hereof. the receipe
~~
I
~ '
9 ~ ~ van/
5
•
•
•
EXHIBIT "C"
,~
~ R
whereof is hereby uknovlcdgsd. has granted, bargained and sold. and b7 these
presents dose grant. bargain sad call unto the acid CSANTEE, its heirs and
assigaa, eha right of ingress, egress and regrase for psssons and vehicles
over and aloag a fifty (SO) foot vide portion of Lot No. 26 which abates Lots
23 and 24 and lice ad~uent to thss ascending from their rear lino in a
' Northerly direction to the centsrliae of D. S. ]fonts 11 a~ shove on the
abovnsationsd subdivision plan. in comewn neverthsleas with the CgANTOI. hat
heirs and assigns. Dudes and Sub1eet eo the obligation upon the CW-1!1'EE. its
wccessors and assigns to pay ail charges. costa and expanses necessary !ot
eha improvement of the coemon drivsxay for Lots 23 and 24 and under and
wbleet to iha obligation upon the GRANTEE. Its wccenors and auigas. to
• pay an equal one-half (t/2) parC (foe each lot) of all chasgu, cosh and
expenses which shall from time to time ucrus of M necsssagr for the
alterative. repair or maintaasnca of tlu coon driveway. It is understood
sad and agreed that the obligations to pay for charges. costs and asperses
for alteration. repair and maiatenanca shall terminate at such tine as the
t
I roadway shall ba improved by G6ANTOA, her sueeessors. hairs and assigns for
and dedicated as a public totdvay. The parties agree and the GRANTEE
specifically egress by accaptanCS of this Deed of Easemeat to thaw
provisioae and to enter into such further agreement and execute wch further
documents u may be necessary to modifiy or emend the terms hereof. ahanld
any other pasties ba allowd to utilise the area herein described. provided
that such other persona shall bear a proportionate amount of eha costs oi,
~ conatruecion. uintenaaca and repair.
TO EAV6 AND !0 UOLD all sad singnlas the privilsgse aforesaid to 1t. the
said GRANTEE. its wecaseoss and assigns, to and for the only proper sae end
' eoo~ 3313 euf ri51 .
bshoo! of it. the acid CAAAr~. its auscsaaora and aui8as/ feravsr/ in
eoaspn ~rleh hss . the acid CRAIrlOR, hsr hairs and aasi8aa, as lorsuid..
IN NITNESS ~'REpy/ the uid GRANTOR hu to rheas prgants sat her haeW
and seal dated the day and ysar first above rrittaa.
Witaua e
U JaN • .
K • ee~s~'-`(SEAL)
STATE PRtN3lLYANIA j
COONTY OF I:ONRERI,AND ~ sa.
Oa ehla/ ehs -~ day o!
uodessi8aed olficsr/ psraoaell a . 19E71 betora N. eha
aatiafactorily proven) eo b• tb• PPsared ~ ~! ~~ kaora to N (or
within iaatruuatl sad ackaovlsd8 d that e~ha w t d am far cb~° the
therein contained. Pe~au
LN WITNESS WNEEEOpI I hersnnte set ~`.l!'NN~~'
ray head and official eul. .~~en~:
y~'t°POgj~ ~ qry hboe
~b ~niulp, ~~ f4isro
_.: "~~~ l
~...
•.S.
I do hereby certity that t!u •'µl"~"~
addssss of the within eased r1t~10sPinevillsuAoad~Bhie Poat office
Psnnsylvaaia, 17257. PPuaburgl
~i+~al~~j .1987
~•
• Attorney for ~~',
State of Ponnsylvania tt
C'?4i1tY Gl.if}zl.Ltir+rland I $$
~+~r.~'*q~rtlij o,fi~a fortfw recording of Do9ds
_~ee~~ .
~~"s; ~ ;1;! .i .,dcrrd Coumy. Pa.
. , , f and s;;a- of crfico. ac
. _. _ti..,,.._ . ~~ l l
~''h.~' '~.• ..
coon 33~ ~ac~ ti5~
J
a
s'
f~
f
•
•
__
1
''~/. ~ oh1~j~Ka,~ ,
RIGRT OP WAY AGREEMENpT
THIS AGREEMENT, mada.end entered into Chia /~S~ day of M a y
~_t--, 1990,
by and between MARY JANE SPENCER, unmarried, of 203 Log Cabin Road, Newille,
PA 17241 (hereinafter referred to as "Spencer"), and KEITH J. MecMILLAN and
JEANNE L. MecMILLAN, husband end wife, of 52 Big Spring Avenue, Newville, PA
17241 (hereinafter referred to as "MecHillan") and JOHN E. MESSENGER and
APRIL L. MESSENGER, husband end wife, of 3504 Ritner Highway, Newille, PA
17241 (hereinafter referred to as "Messenger") and GREGORY E, ROBERTS end
HAROLD E. ROBERTS, of 23 Windsor Ridge, Newville, PA 17241 (hereinafter
referred to as "Roberta") and PENN TONNSHIP, a township of the second class,
having a business office at 1301 Centerville Road, Newille, PA 17241
(hereinafter referred to ns "Township"),
WITNESSETH:
WHEREAS, Spencer has an npproved residential subdivision located in Penn
Township, Cumberland County, Pennsylvania, known as Nindsor Ridge Subdivision, ,
said subdivision having. been reviewed by the Cumberland County Planning
Commission and approved by the Hoard of Supervisors of Penn Township, vith the
subdivision plan being recorded in Cumberland County Plan Book 51 at Pege 115;
and,
WHEREAS, Spencer and MncHillan have entered into en agreement of sale for
Lot 22 in said subdivision, a lot which Fronts on L.R. 890 (Ritner Highway);
and,
WHEREAS, PennDOT has refused to grant n highway occupancy permit Eor Lot
22 to gain access to the public rood, L.R. 890, along the frontage of said
lot which abuts L.R. 890; and,
BOOK 401 racE ~S)~
r-~~ ^
EXHIBIT "D"
HHEREAS, PennDOT has granted Spencer a permit for a low volume road
between Lots 23 and 24 of .said subdivision, this permit having been issued
June 26, 1987, to permit No. 532058, said low volume road permit being to
provide driveways to Lot 23 and Lot 24 end to access agricultural lend and
possible Eutura lots on the Spencer property; and,
HHEREAS, Spencer desires to provide access to Lot 22, which is to be
conveyed to HacHillan, by the low volume road between Lot 23 end Lot 24 and by
a 50 Eeet wide easement at the rear of Lot 23 extending along the rear
boundary of Got 22; and,
HHEREAS, Messenger and Roberta ere the current owners of Lota 24 and 23,
respectively, and use the low volume road between their lots for access to
their lots, pursuant to the terms of a deed of easement dated August 17, 1987,
and recorded in Cumberland County Hiscellaneous Book 338, page 856; and,
HHEREAS, the parties hereto desire to sat out their respective rights,
duties and responsibilities with respect to the construction of the access
road to Lot 22 and the Eutura upkeep and maintenance of said easement or
right-of-way;
NOW, THEREFORE, Eor and in consideration of the mutual terms and
provisions of this right-of-ray agreement, it is hereby agreed by and among
the parties hereto as Follows;
1. Spencer egress to forgo any Eutura development of the residue of her
tract shown es Lot 26 on the subdivision plan unless she obtains specific
authorization and approval Erom Township for said development. Spencer
further agrees to not use, or attempt to use, the low volume road bet wean Lota
23 end 24 for any additional deeded rights-of-way beyond the right-oE-way
BOOK 401 PACE 393
contemplated to be given to Hacllillan for access to Lot 22, nor shall Spencer
use or attempt to use the law volume road between Lots 23 and 24 for access to
Lot 26, vithout the approval end Gconsent of Township,
~Yr~1w/~ 2. Messenger and Roberta agree that the low volume road between Lota 23
J,~yG' r~ and 24 may be used Eor access, to Lot 22, end Messenger, Roberta and MacMillan
~ree to share•a~i,iy in the maintenance of said low volume road,
cr~ 3. Spencer agrees to construct the cartwny Eor access to Lot 22 in
conformity vith the terms and conditions Eor construction set out in Article
10 of the Penn Township Subdivision Ordinance,
4. MacMillan agrees, after conveyance of Lot 22 to NecHillnn, and
Following the construction of the cartwny for access to Lot 22, to maintain
the cartvay used Eor access to Lot 22 in conformity with the provisions of
Article 10 of the Penn Township Subdivision Ordinance.
5. Spencer and MacMillan agree that Tovnahip vill have no duty or
responsibility for either the construction or maintenance of the low volume
road between Lot 23 and 24 and for the continuation of the right-oE-way along
the rear of Lot 23 and the rear of Lot 22, unless formal approval Eor a new or
revised subdivision plan is given by Township end includes the requirement
that ell, or a portion of the previously referred to right-oF-way or easement,
be improved in accordance with Article XI of the Penn Township Subdivision
Ordinance dedicated to the public use and benefit end accepted es a tovnahip
rood.
6. Township agrees to authorize the issuance of a building permit to
MacMillan Eor construction of a personal residence on Lot 22.
600K 404 rncE ;3S)•1
7. Hy the execution of Chia agreement end the issuance of a building
permit for Lot 22, Township makes no representation whatsoever regarding the
owner or owners of Lot 22'a right to use the low volume road between Lot 23
and 24 Eor the continuation of the right-of-way along the rear of Lot 23 and
the rear of Lot 22.
8. By entering into this agreement, Spencer and NacNillen hereby release
Township from any and ell liability of whatever nature or kind end ahnll
indemnify end save and hold harmless Township Erom any and all expenses,
damages, costs, attorney Eees and the like, that the Township might ever incur
as a result of the Township entering into this agreement end issuing e
building permit Eor Lot 22.
9. No further building permit for any of the remaining lots set Eorth in
the subdivision recorded in Plan Book 51, Page 115, shell be issued by the
Township building permit officer without the approval of the supervisors of
the Township, which approval would contemplate either en individual Bola
direct access driveway occupancy permit for a lot on said plan or the
presentation and approval of a plan resolving access to all lots on said plan
which likely xould require the construction of a road in accordance with
Article XI of the Penn Townahi~ Subdivision Ordinance. Said road to extend
between Lots 18 and 17, along the rear of Lota 18 through 23 inclusive, and
between Lots 23 and 24.
10. Nothing herein shall constitute any agreement or warranty that ocher
persona, not parties to this agreement, have rights to use the low volume toed
end private right-of-way leading to Lot 22 previously described; nothing
herein shell constitute any agreement or warranty Chat the law volume road and
easement or right-of-way leading to Lot 22 is a public road.
BOOK .40~ PACE 39~
11. This agreement is entered into by the parties hereto with the
intention of being legally bound hereby and of legally binding their
respective heirs, successors end assigns,
IN 1dITNESS NREREOF, the parties hereto hove executed or caused to be
executed this agreement on the day and year Eirat above written,
Nitneas:
W
-~_
Ali""
~~
r ~`'
~( ~.
~ ~ 'LGCCP~I. (SEAL)
Nary n enter
ith J. }~ cNil3en~ (SEAL)
' ~l'~T,~o~~> (SEAL)
Bann L. MacMillan
~ ~ (SEAL)
hn a anger
Apr 1 Messenger -~--(SEAL)
Cregor obert` ~ (SEAL)
~d7GL't~/~ ~~--~ ~6 (SEAL)
Harold E. Ro arts
PENN TOWNSHIP BOARD OF SUPERVISORS
I,J
r z
~_y ~ O
«v i, O
C~ W A- Q
W oW ? '""~
l~
C. t n
. L I C LJ7
G [ J ~~
mj V t`SUl W
t~ it 7E CJ~
i..l ~ 7
c to ~ .
~~~ ~ ~~~
BOOK 401 PACE ;39G
COMHONWEALTH OF PENNSYLVANIA:
.. : SS
COUNTY OF CUMBERLAND ,
On Chia, the ,17~ day of ~I+yk4 1990, bsEore me, the undersigned
officer, personally appeared Hsry Jena Spencer, known eo ms (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same Eor the purposes therein
contained,
?s``,!~~,'('~•-'ig~+ .WITNESS WHEREOF, I hereunto sot my hand and oEficiel seal.
~~ I
', , ' ~ ~ = NorARiat SEAL
• 3 ~ •• ;• PAULA M REED, Notary Publk Il
's~ ate. 'Shippensburp Twp., Cumberland Co., Pa. Notary public
e'A°~'~y~ ~//( , ,1 AIY C~Iie~Dec. 13, 1993
++~~) NNEALTH OF PENNSYLVANIA:
SS
COUNTY OF CUMBERLAND ,
On this, the day of -~ ~1'7•~. , 1990, bsEore me, the undersigned
~l
officer, personally appeared Keith J. MacMillan end Joanne L. MacMillan,
husband end wife, known to me (or aetiafactorily proven) to lie the persons
whose names are subscribed to the within inatrument•, end acknowledged that
they executed the same for the purposes therein contained. ,~
DO
M1Y
COUNTY OF CUMBERLAiiND ,
On this, the 1~ day of 3Lt~11 , 1990, before ma, the undersigned
officer, personally appeared John E. Messenger and April L. Messenger, husband
and wife, known to me (or aetiafactorily proven) to be the persona rhose names
are subscribed to the within instrument, end acknowledged that they executed
the same for the purpoasa therein contained,
u~kN WITNESS WHEREOF, I hereunto set my hand and oEficiel seal,
NOTA0.UL SEAL
PAULA NL REFD, Notary Puhlls n `
/
/
/
ransburg Twp., Cumberland Co., Pa. ~~ ~ /,(
lam
•'4~
,(/
Commission Expires Dec, 13, 1993 .
Notary public
IN WITNESS WHEREOF, I hereunto set my hand and oEficiel asai• •• ~h'
.~.~.
NOTARIAL SEAL
KAREN F, SYERS, NOTARY PUBLIC
RO OF CARLISLE, CUMBERLAND COUNTY
COMMISSION E><PIRE6 MAIICH 10. 1991
N my Public p , p~•
NNEALTH OF PENNSYLVANIA: '''+, g7~Vl~ ••`~~~
s
BOOK 404 PACE 39'7
COMMONWEALTH OF PENNSYLVANIA:
• s SS
COUNTY OF CUMBERLAND ,
On Chia, the ~~ day of ~ ~~ , 1990, before me, the undersigned
oflicer, personally appeared Gregory E. Roberts end Harold E. Roberta, known
to me (or satisEnctorily proven) to ba the persona whose names are subscribed
to the vithin instrument, and acknowledged that they executed the same for the
purposes therein contained.
~~N WITNESS WHEREOF, I hereunto eat my hand and official seal,
~~ ~~~
_ ; ~ NOTARIAL SEAL /~ ~ /
Q9 PAUU M REED, Notary publM ~(71... ! 'l ',(J~,.C,J~Q/
0 ~rPPansburp TN'P., Cumberland Co., Pa.
Vii, ~f~~r ~ E~o~Ezpina Dec, 13, 1993 ~ Notary Public
.~+ ~N,,
~'
~r~n Its, ~''
1
,. '.i l:
COMMONWEALTH OF PENNSYLVANIA:
s SS
II COUNTY OF CUMBERLAND ,
4 On this, the ~ day of T /l e 1990, before me, the undersigned
officer, personell sppeared as , T~t,es~tg,~ E~ MP~~S
and ~srt r P X Oh , who acknowledged themselves to ba the Supervisors of
Penn To ship, •a township of the second class, and that they as such
' Supervisors, being authorized to do so, executed the Foregoing instrument Eor
the purposes therein, stated by themselves as Supervisors.
IN WITNESS WHEREOF, I hereunto set my hand and oFEiciel seal, r
. ~~ ~ ~
0
~ RanaW E.Yosuaon, Nosery Pet
CacRab Esoro, Ctanberited Car
A1y Caomr+esbn Exptrw Sep1.1a,
State of Pennsylvania ~ SS
County of Cumberland
Recorded in the office for the recording of Deeds
etc. in and for,Crumherland CounlX,Paa
in R~Book Vol. =Page
witness my hand d al of offic f
Carliste,~yQhy,~•~ _ ~ $ ~
Reeorfilbr
BOOK 404 PACE 398
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA MUD --.
cn r-, ,
TROY A. BUSSER&ANN M. BUSSER, CIVIL ACTION—LAW
Plantiffs _ <
VS.
GREGORY E. ROBERTS &
JANICE I. ROBERTS CASE No: 2012 - 7849 Civil Term
Defendants IN EJECTMENT
CERTIFICATE OF SERVICE
I hereby certify that I have on this 7th day of February, 2013, served a copy of
Plaintiff's Notice of Praecipe for Entry of Judgment by Default upon the Defendant in the
manner indicated below:
Service by 1S`Class U.S. Mail to:
Gregory E. Roberts & Janice 1. Roberts
3510 Ritner Highway
Newville, PA 17241
Date: February 7, 2013 _
Thomas P. Gleason, squire
Attorney for Plaintiff
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
ID# 82259
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA `Z
TROY A. BUSSER&ANN M. BUSSER, : CIVIL ACTION—LAW C/J� ,! 3
Plantiffsn
x C-) -r
vs. x'� r cf
GREGORY E. ROBERTS &
JANICE I. ROBERTS CASE No: 2012 - 7849 Civil Term
Defendants IN EJECTMENT
fv �6Pd
A-4,
PRAECIPE FOR JUDGMENT 61_t� X10
To the Prothonotary P4�0 9,-3
Enter judgment in favor of Plaintiffs against Gregory E. Roberts and Janice I. Roberts for tl f,4 v es,
want of an answer. r►ajed
I certify that written notice of the intention to file this praecipe was mailed to the party
against whom judgment is to be entered after the default occurred and at least ten(10)
days prior to the date of the filing of this praecipe. A copy of the notice is attached
hereto.
P
Th as P. Gleason, Esquire
Attorney for Plaintiff
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
PA Attorney ID# 82259
Judgment is entered in favor of Plaintiffs and against the above-named Defendants by
default for want of an answer.
/3 L.
David D.Buell,Prothonotary
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
TROY A. BUSSER&ANN M. BUSSER, CIVIL ACTION—LAW
Plantiffs
VS.
GREGORY E. ROBERTS &
JANICE I. ROBERTS CASE No: 2012 - 7849 Civil Term
Defendants IN EJECTMENT
To: Gregory E Roberts & Janice I. Roberts
Date of Notice: February 7,2013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNONT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
(717)249-3166
Thomas P. Gleason, Esquire
Attorney for Plaintiff
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
PA Attorney ID# 82259
FA FI LEST fienUM5049Robe"05049.I.SipulafionROrder.wpd
Revsed: 5/6113 I:25PM 4 1—OFF n E
01- ME P IR'O 7H O N O
jA f ,
Hubert X. Gilroy,Esquire 2013 NAY 13 AM 10: 2:6
MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER
MARTSON LAW OFFICES CUMBERLAND COUNTY
I.D. 29943 PENNSYLVANIA
10 East High Street
Carlisle,PA 17013
(717)243-3341
Attorneys for Defendant
TROY A. BUSSER&ANN M. BUSSER, IN THE COURT OF COMMON PLEAS OF
Plaintiffs COUNTY,PENNSYLVANIA
V. NO. 2012-7849
CIVIL ACTION-LAW
GREGORY E. ROBERTS &
JANICE I. ROBERTS,
Defendant IN EJECTMENT
STIPULATION
Plaintiffs,Troy A.Busser and Ann M.Busser,by their counsel,Thomas P.Gleason,Esquire,
and Defendants, Gregory E. Roberts and Janice I. Roberts, by their counsel, Hubert X. Gilroy,
Esquire,hereby agree and stipulate that the Court may enter an Order in the form as attached.
DATE: / �
S`�/201-5 Thomas P. Gleason, Esquire
Attorney for Plaintiffs
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)532-3270
PA Attorney ID# 82259
DATE:
Hubert X. Gilroy, EsFS' e
Attorney for Defend
10 East High Street
Carlisle,PA 17013
(717)243-3341
PA Attorney ID#29943
Hubert X. Gilroy, Esquire =M
MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER fi
MARTSON LAW OFFICES
I.D. 29943
PIC) c)
10 East High Street =F
CD
Carlisle, PA 17013 --,1
(717)243-3341
Attorneys for Defendant
TROY A. BUSSER&ANN M. BUSSER, IN THE COURT OF COMMON PLEAS OF
Plaintiffs COUNTY, PENNSYLVANIA
V. NO. 2012-7849
CIVIL ACTION- LAW
GREGORY E. ROBERTS &
JANICE I. ROBERTS,
Defendant IN EJECTMENT
ORDER OF COURT
AND NOW THIS 1u A day of May,2013,upon consideration of the attached Stipulation,
it is ordered and directed that the Default Judgment entered in favor of the Plaintiffs in the above
matter against the Defendants in the above matter is vacated.The Cumberland County Prothonotary
is directed to mark the Docket accordingly.
Hubert X. Gilroy,Esquire,is deemed to have accepted service of the Complaint filed by the
Plaintiffs on behalf of the Defendants effective the date of this Order, with a response to the
Complaint being due within twenty days from the date of this Order.
BY THE COURT,
�A
Judge
cc: , bert X. Gilroy, Esquire
Thomas P. Gleason, Esquire
12-a
p,
s/o /r/j/3
r/y)
C-
FAF1LES\C1ientA15049 Roberts115049.1.Answer.wpd J M
Revised: 613113 2:54PM co
M
Hubert X. Gilroy, Esquire > C;
MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER
Cj)
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013 -4-
(717) 243-3341
Attorneys for Defendant
TROY A. BUSSER& ANN M. BUSSER, IN THE COURT OF COMMON PLEAS OF
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012-7849
CIVIL ACTION -LAW
GREGORY E. ROBERTS &
JANICE I. ROBERTS,
Defendant IN EJECTMENT
ANSWER WITH NEW MATTER OF
DEFENDANTS GREGORY E. ROBERTS AND JANICE I. ROBERTS
TO: TROY A. BUSSER&ANN M. BUSSER, PLAINTIFFS, and their attorney,
THOMAS P. GLEASON, ESQUIRE
YOU ARE HEREBYNOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
NEW MATTER AND COUNTER-CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
AND NOW, comes Defendants, Gregory E. Roberts and Janice I. Roberts,by and through
their attorneys, MARTSON LAW OFFICES, and sets forth the following in response to the
Complaint filed in the above matter:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part and denied in part. Admitted that Defendants enjoy access to their
property by virtue of the Deed of Easement as referenced in Book 338, Page 850. Denied that said
Deed of Easement is the only document by virtue to which Defendants enjoy access to their property.
Additionally, Defendants enjoy access and rights to their property by virtue of the Right-of-Way
Agreement referenced in paragraph 6 of Plaintiffs' Complaint which Agreement is recorded in the
Cumberland County Recorder of Deeds Office at Miscellaneous Book 401,Page 393,and is attached
as Exhibit 'D' to Plaintiffs' Complaint.
6. Admitted in part and denied in part. Admitted that said Right-of-Way Agreement
granted certain rights to Plaintiffs. Denied, however, that the Right-of-Way Agreement was
exclusively to the benefit of Plaintiffs and it is affirmatively asserted that said Agreement also
benefitted Defendants.
7. Denied. Said allegation is a conclusion of law and a responsive pleading is not
required. In the alternative, it is clear that said Right-of-Way Agreement also granted rights to the
Defendants. Additionally, it is understood and averred that the Grantor of said Right-of-Way
intended to grant rights to the Defendants within the referenced Right-of-Way Agreement.
8. Denied. Defendants' access to their property is implemented pursuant to the
Agreement as recorded in the Cumberland County Recorder of Deeds Office at Miscellaneous Book
338, Page 850, and the Agreement as recorded at Miscellaneous Book 401, Page 393.
9. Admitted in part and denied in part. Admitted that Defendants are using the Right-of-
Way areas referenced for ingress and egress. Denied that said Right-of-Way areas are "Plaintiffs"
exclusively. By way of further answer, Defendants claim ownership over the areas where
Defendants had placed shrubbery and a batting cage based upon continuous use, maintenance and
care of said areas by the Defendants as referenced below.
10. Admitted that Plaintiffs' attorney sent Defendants a letter. Denied that Defendants
are engaged in any"unauthorized use" of any property.
11. Admitted that Defendants have not removed the batting cages or shrubbery from the
property in question. Denied Defendants have exercised any "unauthorized use" of the Right-of-
Way. Admitted that Defendants have used the Right-of-Way in question for ingress and egress to
their property.
12. Denied. The Right-of-Way Agreement as recorded at the Cumberland County
Recorder of Deeds Office,Miscellaneous Book 401,Page 393,does not provide Plaintiffs with any
exclusivity in connection with use of the Right-of-Way area. It is further denied that any use by the
Defendants of the Right-of-Way area is "unjust"to the Plaintiffs.
13. Denied. Said allegation is a conclusion of law and a responsive pleading is not
required. Proof thereof is demanded.
WHEREFORE,Defendants request Your Honorable Court to dismiss Plaintiffs'Complaint.
NEW MATTER
14, The allegations set forth in Paragraphs 1-13 above are incorporated herein by
reference thereto.
15. Plaintiffs' claims are barred by the Statute of Limitations.
16. Plaintiffs' claims are barred by the Doctrine of Laches as Plaintiff s delay in filing
this action was unjustified and Defendants were prejudiced as a result.
17. The right-of-way area where Plaintiffs claim access to the property as noted in the
Right-of-Way recorded in Book 401, Page 393 is not"exclusive"to the Plaintiffs and,based upon
Plaintiffs lack of exclusivity,Plaintiffs do not have a right to immediate exclusive possession of said
area.
18. The Defendants placement of shrubbery and a batting cage within the right-of-way
area does not significantly interfere with Plaintiffs use of the right-of-way area.
19. The area where Defendants have erected a batting cage and shrubbery is an area
where the Defendants have been using that land exclusively,openly and notoriously for a period of
21 years or more, and Defendants claim ownership to said land by virtue of said use.
20. The batting cage which is located on the land in question was preceded by a horseshoe
pit and Defendants have actually possessed that area and have exclusively,continuously,and visibly
used the area where said recreational facilities have been constructed openly, notoriously, and
adversely for a period of 21 years or more and claim ownership.
21. Neither Plaintiffs nor Plaintiffs' predecessors in title have ever experienced any
difficulty accessing their land or using the right-of-way area in question as a result of the shrubbery
and batting cage/athletic facilities erected within the designated right-of-way area.
WHEREFORE, Defendants request Your Honorable Court dismiss Plaintiffs' Complaint.
COUNTER-CLAIM
22. The allegations set forth in Paragraphs 1-21 above are incorporated herein by
reference thereto.
23. The batting cage which is located on the land in question was preceded by a horseshoe
pit in that same location.
24. The Defendants have used and continue to use the land in question and have had
actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the land in
question for 21 years or more.
25. Therefore, the Defendants have a right to the land through the doctrine of adverse
possession.
MARTSON LAW O FICES
DATE: �6 By:—"
Hubert X. Gil oy, Esquire
Attorney ID# 9943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorney for Defendants
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
- (L
GregorU E. Roberts
Dated: S 23 /?
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
C4ane1. Roberts
Dated: �V/
CERTIFICATE OF SERVICE
1,Shelly R.Taylor,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller,
hereby certify that a copy of the foregoing Answer was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail,postage prepaid, addressed as follows:
Thomas P. Gleason, Esquire
49 West Orange Street, Suite 3
Shippensburg, PA 17257
MARTSON LAW OFFICES
en JEHigh Stdt
'
Carlis , PA 17013
(717) 243-3341
Dated: June 3, 2013
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA Nj
TROY A. BUSSER&ANN M. BUSSER, CIVIL ACTION—LAW ; :
Plantiffs
VS.
GREGORY E. ROBERTS &
JANICE 1. ROBERTS CASE No: 2012 - 7849 Civil Term
Defendants IN EJECTMENT
REPLY TO NEW MATTER
ANSWER TO COUNTER-CLAIM
AND NOW come the Plaintiffs, Troy A. Busser and Ann M. Busser, by and through their
attorney, Thomas P. Gleason, and in support of this reply to new matter, avers as follows:
14.
No affirmative response required.
15.
Denied. Defendants' averment is a conclusion of law to which no responsive pleading is
required.
16.
Denied. Defendants' averment is a conclusion of law to which no responsive pleading is
required.
17.
Denied. The Right-of-Way recorded in Book 404, Page 392 sets forth the terms for both
a low volume road and a right-of-way. While several parties enjoy use of the low volume road,
use of the right-of-way is exclusive to the lot of real estate owned by Plaintiffs.
18.
Denied. Defendants placement of shrubbery and a batting cage in the right-of-way have
interfered with the Plaintiffs' use in that it has made access to their property difficult for delivery
vehicles, for the company that services and pumps their septic system and for the plaintiffs and
their visitors when two or more vehicles attempt to simultaneously enter and leave the premises
via the right-of-way.
19.
Denied that Defendants have used said land open and notoriously for 21 years or more.
The batting cage in question has only been in place since July, 2012. Furthermore, Plaintiffs and
Defendants have had several disputes regarding this same area between 2003 and the present and
the Defendants have been ordered to remove items from the right-of-way on at least two
occasions.
20.
Denied that Defendants have used said land open and notoriously for 21 years or more.
The batting cage in question has only been in place since July, 2012 and the area was free of any
recreational facilities prior to that time. Furthermore, Plaintiffs and Defendants have had several
disputes regarding this same area between 2003 and the present and the Defendants have been
ordered to remove items from the right-of-way.
21.
Denied. Defendants placement of shrubbery and a batting cage in the right-of-way have
interfered with the Plaintiffs' use in that it has made access to their property difficult for delivery
vehicles, for the company that services and pumps their septic system and for the plaintiffs and
their visitors when two or more vehicles attempt to simultaneously enter and leave the premises
via the right-of-way.
WHEREFORE, Plaintiffs respectfully request judgment be entered in their favor as set
forth in the complaint.
ANSWER TO COUNTER-CLAIM
22.
No affirmative response required.
23.
Denied. Plaintiffs are not aware of a horseshoe pit being located in the right-of-way prior
to the erection of the batting cage. Strict proof thereof is demanded.
24.
Denied that Defendants have used said land open and notoriously for 21 years or more.
The batting cage in question has only been in place since July, 2012, and the area was free of any
recreational facilities prior to that time. Furthermore, Plaintiffs and Defendants have had several
disputes regarding this same area between 2003 and the present and the Defendants been ordered
to remove items from the right of way on at least two occasions.
25.
Denied that Defendants have used said land open and notoriously for 21 years and denied
that they have a right to the land through the doctrine of adverse possession. Strict proof thereof
is demanded.
WHEREFORE, Plaintiffs seek dismissal of the Defendants' counter-claim, and entry of
judgment in favor of the Plaintiffs as set forth in the complaint filed in this matter.
Respectfully submitted,
Dated: -7-Y( ?Z(3
ThWhas P. Gleason,rsquire
Attorney for.Plaintiff
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
PA Attorney ID No. 82259
VERIFICATION
I verify that the statements contained herein are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date:
�3
Troy A. B er
VERIFICATION
I verify that the statements contained herein are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: aJ�
Arm M. Busser
LF
1101 AU 12 PH 2. 2-1
IN THE COURT OF COMMON PLEAS CUMBERLAND CoUlvi-f
OF CUMBERLAND COUNTY,PENNSYLVANIA PENNSYLVANIA
TROY A. BUSSER& ANN M. BUSSER, CIVIL ACTION—LAW
Plantiffs
VS.
GREGORY E. ROBERTS &
JANICE I. ROBERTS CASE No: 2012 - 7849 Civil Term
Defendants IN EJECTMENT
CERTIFICATE OF SERVICE
I hereby certify that I have on this 7th day of August, 2013, served a copy of
Plaintiff's Reply and Answer to Counter-Claim upon the Defendant's Counsel in the
manner indicated below:
Service by 1St Class U.S. Mail to:
Hubert X. Gilroy,Esquire
Martson Deardorff Williams Otto Gilroy &Faller
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Date: August 7, 2013
Thomas P. Gleason, Esquire
Attorney for Plaintiff
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
Attorney ID# 82259
F:\FILES\Clients\15049 Roberts \I5049.1.Motion to Strike Janice Roberts.wpd
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
S 11� PRO HO
7.311i SEP 19 A;1 3: 20
CUMBERLAND COUNTY
PENNSYLVANIA
TROY A. BUSSER & ANN M. BUSSER, : IN THE COURT OF COMMON PLEAS OF
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2012-7849
: CIVIL ACTION - LAW
GREGORY E. ROBERTS &
JANICE I. ROBERTS,
Defendants : IN EJECTMENT
MOTION TO STRIKE DEFENDANT JANICE I. ROBERTS
AS A PARTY IN THIS CASE
Defendants, Gregory E. Roberts and Janice I. Roberts, by their attorneys, Martson Law Offices,
set forth the following:
1. In Paragraph 4 of Plaintiffs' Complaint, Plaintiffs allege that Defendants are the
owners of Real Estate located at 3510 Ritner Highway, Newville, Pennsylvania
(the Real Estate).
2. Defendants incorrectly admitted that allegation in the Answer to the Complaint.
3. Subsequent to the filing of the pleadings in this case, Defendants advised
Plaintiffs' counsel that Janice I. Roberts is not a party to the Deed in question and
provided a copy of the Deed showing that only Defendant Gregory E. Roberts is
and has been the sole owner of the property. A copy of Defendants' counsel's
letter to Plaintiffs' attorney, along with a copy of the Deed in question, is attached
hereto and marked Exhibit "A".
4. Defendants requested that Plaintiffs agree that Janice I. Roberts be voluntarily
stricken as a party in this case on the basis that she has no interest in the property.
5. Janice I. Roberts is no longer residing at the property, and the Defendants are
currently involved in a divorce action.
6. Janice I. Roberts is not an integral or necessary party to this litigation.
7. There is no legal basis for Plaintiffs to demand that Janice I. Roberts continue to
be a part of this litigation, and Defendants aver that Plaintiffs' position that Janice
I. Roberts must be maintained is a Defendant is merely designed to harass the
Defendants.
8. Defense counsel sought the concurrence of Plaintiffs' counsel on this Motion and
Plaintiffs' counsel does not concur.
WHEREFORE, Defendants request your Honorable Court to enter a Rule to Show Cause
on the Plaintiffs as to why Defendant Janice I. Roberts should not be dismissed as a parry to this
case.
Date:
MARTSON LAW OFFICES
, 2014 By
Hubert X. Gilroy squire
Attorney ID# 29 ° 43
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorney for Defendants
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON
LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET www.martsonlaw.com
November 26, 2013
Thomas P. Gleason, Esquire
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
WILLIAM F. MARTSON DAVID A. FITZSIMONS
JOHN B. FOWLER III CHRISTOPHER E. RICE
DANIEL K. DEARDORFF1 JENNIFER L. SPEARS
THOMAS J. WILLIAMS* SETH T. MOSEBEY
IVO V. OTrO III KATIE J. MAXWELL
HUBERT X. GILROY AARON S. HAYNES
GEORGE B. FALLER JR.*
*BOARD CERTIFIED CIVIL TRIAL SPECIALIST
tBOARD CERTIFIED WORKERS' COMPENSATION SPECIALIST
RE: Troy A. Busser & Ann M. Busser v. Gregory E. Roberts & Janice I. Roberts
Docket No. 2012-7849
Our File No. 15049.1
Dear Tom:
It has come to my attention that the real estate at 3510 Ritner Highway is not owned by Mr.
and Mrs. Roberts but is simply owned by Gregory E. Roberts. Enclosed is a copy of the deed into
Mr. Roberts from back in 1989. It was a joint deed into Greg and his father, Harold. Harold has
since passed away and Greg is the sole owner. You can check the deed records or assessment office
records to confirm, but the wife is not on the deed at all.
I would propose we file the enclosed stipulation to remove the wife as a party. If this is
acceptable, please sign the enclosed stipulation and get it back to me. I will sign and file with the
Court and copy you at that time.
Naturally, I am happy to respond to any questions you may have.
HXG/srt
Enclosures
cc: Mr. Gregory Roberts
FAFILES\Clients\15049 Roberts\I 5049.1.Gleason5.wpd
Very truly yours,
M S �i � LAW OFFICES
ubert . Gilroy
EXHIBIT
A
INFORMATION • ADVICE • ADVOCACY SM.
2214—Dead front Corpo,atlon to Individual Or Wry.
Harry Hall, Inc., Indiana Pa.
bt 3nbenture,
MADE THE 2nd day of Marchthe year
of our Lord wle thousand nine hundred eighty-nine (1989),
BETWEEN STONY POINT DEVELOPERS, INC., a corporation created and existing under
the laws of the State of Pennsylvania, having its principal office at
9 West King Street, Shippensburg, Pennsylvania, 17257, party of the .
first part,
AND
GRANTOR,
HAROLD E. ROBERTS, single man, of R. D. 01, Box 169, Sayre, Pennsyl-
vania, 18840, and GREGORY E. ROBERTS, single man, of 155 Chesapeake
Estates, Thomasville, Pennsylvania, 17364, as joint tenants with the
right of survivorship and not as tenants in common, parties of the
second part,
GRANTEES,
WITNESSETH, that the said Stony Point Developers, inc.
for and in consideration of the aunt of Eighty -Four Thousand Five Hundred and 00/100
($84,500.00) Dollars
lawful 'money of the United States of America, unto it well and truly paid by
the said Harold E. Roberts and Gregory E. Roberts,
at and before the sealing and delivery of these presents,
the receipt whereof is hereby acknowledged, has • . granted, bargained, sold, aliened,
enfeoffed, released and confirmed, and by these presents does grant, bargain, sell,
alien, enfeoff, release and confirm unto the said Harold E. Roberts and Gregory E. Roberts.
their heirs and assigns,
All that certain lot or parcel of land situated in Penn Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows: known
and referred to as Lot No. 23 on subdivision plan entitled "Land Subdivision for
Stanley L. Spencer, Jr.," drawn by Carl. D. Bert, Registered Surveyor, which
said plan has been approved by the appropriate municipal authorities as and for
a subdivision plan and which is recorded in the office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Plan Book 51, Page 11'5, as
follows:
BEGINNING at a railroad spike set in Public Road known and designated as U. S.
Route 11 (LR 890), also referred to as Ritner Highway, said point being common
corner of Lot Nos. 22 and 23 on the herein referred to plan at point being in
line of land now or formerly of James A. Clelan and marked by a set railroad
spike; thence along line of land now or formerly of James A. Clelan.through U. S.
Route 11. North fifty-nine (59) degrees twenty-nine (29) minutes twenty-five (25)
seconds East, one hundred ten and seventy-seven hundredths (110.77) feet to a set
railroad spike; thence South thirty-one (31) degrees twenty-two (22) minutes
fifty-five (55) seconds East, twenty-three and zero hundredths (23.0C) feet to an
iron pin set in edge of dedicated right-of-way line for U. S. Route 11; thence
along a curve to the right having a radius of forty (40) feet and an arc distance
of sixty-two and eight hundredths (62.08) feet to an iron pin at the edge' of a
fifty (50) foot wide private right-of-way for future street use; thence along
edge of fifty (50) foot wide private right-of-way, South thirty-one (31) degrees
twenty-two (22) minutes fifty-five (55) seconds East, two hundred fifty-seven and
ninety-seven hundredths (257.97) feet to an iron pin in line of Lot No. 26;
thence along line of Lot No. 26, South fifty-eight (58) degrees thirty-seven (37)
minutes five (05) seconds West, one hundred fifty and zero hundredths (150.00)
feet to an iron pin at common corner of Lot Nos. 22 and 23; thence along common
boundary line of Lot Nos. 22 and 23, North thirty-one (31) degrees twenty-two
School Dist. Cumb. Co., Pe.
1.96 Real Estate Transfer Talc
Dete 3 _ _ if 1Amt li a v
t.?: 33 D1f'E 400
Cumb. Co. Dlit CoL Not.
•st,.a ni (" A
Cumb. Co,, Ps.
L% Real Estate Transfer Ant
Date r-YAmt. t/ a al .131
.,- �cz!.... (. \ I'4@—c,
•
Cumb. Co. D. Col A.
(22) minutes fifty-five (55) seconds West, three hundred twenty-two and
sixty-four hundreths (322.64) feet to the point and place of BEGINNING.
CONTAINING 1.0788 acres more or less.
UNDER AND SUBJECT TO dedicated right-of-way line as shown on the aforementioned
plan.
UNDER AND SUBJECT TO notations and details as shown on the aforementioned plan,
including building setback lines.
UNDER AND SUBJECr to dedicated right-of-way line as shown on the aforementioned
A1,S0 UNDER AND SUBJECT TO restrictive and protective covenants dated the 3rd day
of December, 1986, recorded in the office of the Recorder of Deeds in and for.
Cumberland County, Pennsylvania, in Miscellaneous Book 326, Page 786.
TOGETHER WITH the rights and UNDER AND SUBJECT to the obligations of the Grantee
1n and to a fifty (50) foot wide easement and right-of-way as provided for in
Deed of easement dated August 17, 1987, recorded in Cumberland County
Miscellaneous Book 338, Page 850, for the purpose of ingress, egress and regress
for use as a common driveway to U.S. Route 11.
BEING the same premises conveyed by Mary Jane Spencer, single woman, to Stony
Point Developers, Inc., by deed dated March 9, 1987, and recorded in the office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed
Book "8", Vol. 32, Page 420,
RECORDED-OFFICF.OPTHt
RECo1;,z' (: '"7S
CUM3EF,1P 1. r i'i ;'A,
'89 MAR 0 AH 10 CZ
t&A/3: °1^E 401 •
COMMONWEA:7ii OrNN'.; i'JL,;;/,
I�t,•::il i.`.MRf1^J'tl3 gi4) 18 4 5. 0 v � ._
TOGETHER with alt and singular
ways, waters, watercourses, rights, liberties, privileges.
hereditament, and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and
the reversions, and remainders, rents, issues and profits thereof; and all the estate, right, Title,
interest, property, elaim and demand whatsoever, of
in law, equity, or otherwise howsoever, of, in and to the same and every part thereof,
TO HAVE AND TO HOLD the said
hereditament', and premises hereby granted or
mentioned and intended so to be with the appurtenances,
unto the said Harold E. Roberti and Gregory E. Roberts,
their heirs and assigns, to and for the only
proper use and behoof of the said Harold E. Roberts and Gregory E. Roberts, their heirs
and assigns forever.
AND the said prwntor hereby covenants and agrees that it wilt warrant
generally the property hereby conveyed.
IN WITNESS WHEREOF, the said Stony Point Developers, Inc.
has caused this Indenture to be signed
in its corporate name by its President, and has caused to be affixed hereunto the common and cor-
porate seat of the said corporation, attested by its SeorxlQny, the day and year first above written.
Vice President
en -ream. Vice Prts►deft.t
STONY POINT DEVELOPERS, INC.
b)K' V33 PA"1 402
President.
State Of Pennsylvania
County of Cumberland
On this, the 2nd day of March , 1989 , before me,
the undersigned officer, personally appeared Carl D. Bert
1.88.
who acknowledged himself to be the President of Stony Point Developers, Inc.
a corporation, and that he as such President , being authorized to do 80,
executed the foregoing instrument for the purposes therein contained by signing the name of the,
corporation by himself as President.
in witness whereof, I hereunto set my hand and official acal. (�
11a/F.. -.J" J Qdc �q rt
CERTIFICATE OF RESIDENCE
z..
16. 1970 r^
•
W_.1.._..._ do hereby certi y that the precise residence and complete post office addr
of the within named grantee is i � /j0{ �3 . lf/i/���Sp� //5;..e / /2 4,/,/, %/ %7J,//
March 2, 19 89
P
fa
STONY POINT DEVELOPERS, INC.,
a W w
o >. w
gO
0 rew
cp
0
ro
a
cacoF
a
W
O[n
FG
cn
CI E,14.
ow
C4 el
State of ._.
County of .
At
...
Grantees
�j
RECORDED on this U day of ._ �� f_'..4a'1 /
A. D. 19 O /, in the Recorder's office of said County, in Deed Book V
Vol. ._.477J..._.., Page ..VO
Cita: under m
nd the seal of 'jhy sds$i, a the date above written.
. Recorder.
e'm V33 P'.�E 403
Property Mapper
Cumberland County, PA
3510 RITNER HIGHWAY
PIN: 31-16)-0620-022
Oeedb ook: 0033V--00400
Owner: ROBERTS, GREGORY E
Land Use Code: 101
Property Type: R
Acreage: 1.08
Square Feet; 1688
Taxable Status: T
ctean & Green Status:
Land Assessed Value $: 54500
lauding Assessed Value $: 140300
Total Assessed Value $: 194800
Sale Price $: 84500
Copyright 2011 Esri. All rights reserved. Mon Nov 25 2013 10:04:46 AM.
3510 RITNER HIGHWAY
PIN: 31-10-0620-022
Deedbook: 0033V-00400
Owner: ROBERTS, GREGORY E
Land Use Code: 101
Property Type: R
Acreage: 1.08
Square Feet: 1688
Taxable Status: T
Clean & Green Status:
Land Assessed Value $: 54500
Building Assessed Value $: 140300
Total Assessed Value $: 194800
Sale Price $: 84500
Sale Date: Tue Mar 7 1989 07:00:00 PM
Year Built: 1988
Municipality: PENN TOWNSHIP
Height in Stories:
Type of Dwelling: DETACH
Primary Exterior: Vinyl
Basement Percentage: 50
Air Conditioning: NO
Total Rooms: 6
Bedrooms: 3
Full Bath: 2
Half Bath: 1
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
TROY A. BUSSER & ANN M. BUSSER,
Plaintiffs
v.
GREGORY E. ROBERTS &
JANICE L ROBERTS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-7849
CIVIL ACTION - LAW
: IN EJECTMENT
ORDER OF COURT
AND NOW, this 22 day of September, 2014, upon consideration of the attached Motion,
a Rule to Show Cause is hereby issued on Plaintiffs to show cause why Defendant Janice 1. Roberts
should not be dismissed as a party in this case. This Rule is returnable twenty (20) days from the
date of service.
cc:
ert X. Gilroy, Esquire
Thomas P. Gleason, Esquire
es' 112...as.C.,
q q
BY THE COURT:
Judge
FILED -OFFICE
C THE PROTHONOTARY
IN THE COURT OF COMMON PLEAS ,X T 13 P 3: 55
OF CUMBERLAND COUNTY, PENNSYLVA
CUMBERLAND
ESLCOUNTY
CIVIL ACTION — LAW
TROY A. BUSSER & ANN M. BUS SER, :
Plaintiffs
vs.
GREGORY E. ROBERTS &
JANICE I. ROBERTS CASE No: 2012 - 7849 Civil Term
Defendants IN EJECTMENT
ANSWER TO DEFENDANTS' MOTION TO STRIKE DEFENDANT
JANICE I. ROBERTS AS A PARTY IN THIS CASE
AND NOW come the Plaintiffs, Troy A. Busser and Ann M. Busser, by and through their
attorney, Thomas P. Gleason, and sets forth the following:
1. Admitted.
2. Denied.
3. Admitted in part and denied in part. It is admitted that Defendant Janice I. Roberts is not
named on the deed to 3510 Ritner Highway, Newville, Pennsylvania (the "Property")
dated March 2, 1989. It is denied that Janice I. Roberts is without ownership rights in the
Property since she has acquired certain marital rights in the Property by virtue of her
marriage to Gregory E. Roberts and her long time residence at the Property.
4. Admitted in part and denied in part. It is admitted that Defendants requested that Janice
I. Roberts be voluntarily stricken from this matter. It is denied that Janice I. Roberts is
without ownership rights in the Property since she has acquired certain marital rights in
the Property by virtue of her marriage to Gregory E. Roberts and her long time residence
at the Property.
5. Denied. Defendant is without knowledge or information sufficient to form a belief as to
the truth of the matter averred. At the time Defendants requested Janice I. Roberts be
stricken as a party to this matter, Plaintiffs' counsel requested proof from Defendants'
counsel of a Marital Settlement Agreement between Defendants showing that Janice I.
Roberts had relinquished her marital interest in 3510 Ritner Highway, Newville, PA, but
said document was never provided.
6. Denied. Janice I. Roberts is an integral part of this litigation by virtue of her marital
interest in the Property.
7. Denied that there is no legal basis for Janice I. Roberts' involvement in this matter and
denied that Plaintiffs' assertion that she is integral to the action is designed to harass the
Defendants. At the time Defendants requested that Janice I. Roberts be stricken as a
party to this matter, Plaintiffs' counsel requested proof from Defendants' counsel of a
Marital Settlement Agreement between Defendants showing that Janice I. Roberts had
relinquished her interest in 3510 Ritner Highway, Newville, PA, but said document was
never provided. Moreover, after the date of Defendants' request to strike Janice I.
Roberts from this matter, the Defendants recorded a Right -of -Way Agreement for the
Property in which George A. Stambaugh granted an easement to both Gregory E. Roberts
and Janice I. Roberts indicating that she does indeed have a property interest in the
Property. (A copy of the Right -of -Way Agreement is attached hereto as Exhibit "A").
8. Admitted.
WHEREFORE, Plaintiffs pray that the Defendants' Motion to Strike Defendant Janice I.
Roberts as a Party in this Case be denied.
Dated: OCA• 13J 10 t
Respectfully submitted,
Thomas P. Gleason, Esquire
Attorney for Plaintiff
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
PA Attorney ID No. 82259
EXHIBIT "A"
RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT made this day of
Stambaugh (Stambaugh) and Gregory E. Roberts and
WITNESSETH
1 11 111
OOGN3
-to
etween George A.
. Roberts (Roberts').
WHEREAS, Stambaugh is the owner of an approximately 68 acre parcel of land located in
Penn Township, Cumberland County, as described as Lot No. 2 on the deed from Mary Jane Spence
to George A. Stambaugh dated October 4, 1991, and recorded in the Cumberland County Recorder
of Deeds Office in Deed Book 351, Page 636 (hereinafter referred to as the "Stambaugh Land"); and
WHEREAS, the Stambaugh Land is currently subject to a Right -Of -Way Agreement dated
May 31, 1990, and recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous
Book 404, Page 392, a copy of which Agreement is attached hereto and marked Exhibit 'A'
(hereinafter referred to as the "Right -Of -Way Agreement"); and
WHEREAS, the Roberts are the owners of Lot No. 23 which is referred to in the Right -Of -
Way Agreement; and
WHEREAS, Stambaugh and the Roberts feel that a fair reading of the Right -Of -Way
Agreement is such that the Roberts, in connection with their ownership of Lot No. 23, would have
access to and a right of easement over what is described in the Right -Of -Way Agreement as a "low
volume road" that goes between Lot No. 23 and 24 and around the rear of Lot No. 23 extending to
Lot No. 22; and
WHEREAS, the current owners of Lot No. 22 are Troy A. Busser and Ann M. Busser (the
"Bussers"), and the Bussers have commenced litigation against the Roberts in Cumberland County
Court at Docket No. 2012-7849 contesting the rights of the Roberts to use the low volume road as
it currently exists between Lot Nos. 23 and 24 and as it currently exists in the rear of Lot No. 23; and
WHEREAS, Stambaugh executes this Right -Of -Way Agreement to confirm what Stambaugh
understands to be the rights of the Roberts with respect to use of the mentioned low volume road or,
in the alternative, if it is determined that the Right -Of -Way Agreement does not convey any rights
to the Roberts to use the low volume road at the rear of Lot No. 23, Stambaugh executes this
Agreement to convey rights to the Roberts in connection with their ability to use the low volume
road immediately behind Lot No, 23.
NOW, THEREFORE, in consideration of these presents and the mutual terms and provisions
hereof and intending to be legally bounded hereby, the parties agree as follows:
Stambaugh hereby conveys to the Roberts a perpetual right-of-way and access
easement for the Roberts to use the low volume road between Lot Nos. 23 and 24 and
the area of the low volume road at the rear of Lot No. 23 extending along the rear
boundary of Lot No. 23 up to Lot No. 22. This gant of a right-of-way shall be for the
entire length of the low volume road and the fifty (50) foot width of the low volume
road as set forth in the Right -Of -Way Agreement.
2. The grant of this right-of-way and easement is given subject to all rights and
obligations of maintenance and otherwise as set forth in the Right -Of -way Agreement
and as set forth in a prior Deed of Easement Agreement dated August 17, 1987 and
recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous
Book 338, page 850.
3. This conveyance of a right-of-way and easement shall be perpetual in nature, running
with the land, and shall be binding upon the grantors' heirs, successors and assigns
and the grantees' heirs, successors and assigns.
4. Stambaugh also hereby confirms and verifies that his reading and understanding of
the Right -Of -Way Agreement was that the owners of Lot No. 23 would have the
rights to use the low volume road in accordance with the rights outlined in paragraph
1 above.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first
above written.
WITNESS:
Lic
George tambaugh
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
On this, the ay
day of 4 -Ll ,, before me, a Notary Public in and for
the County of Cumberland, Com nwealth of Pennsylvania, the undersigned officer, personally
appeared George A. Stambaugh, known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
COMMONWEALTH OF PENNSYLVANIA
Notarial yea;
Ronald E Johnson. Notary Public
Carlisle Borough. Cumberland County
My Commissio' '_ xn ?e, Marcn 11, 2016
RICHT OP WAY AGREEMENT
THIS AGREEMENT, made.and entered into this 3{Sl day of May , 1990,
by and between MARY JANE SPENCER, unmarried, of 203 Log Cabin Road,( Mayville,
PA 17241 (hereinafter referred to as 'Spencer'), and KEITH J. MacMILLAN and
JEANNE L. MacMILLAN, husband end wife, of 52 Big Spring Avenue, New ills, PA
17241 (hereinafter referred to as 'MacMillan') and JOHN E. MESSENGER and
APRIL L. MESSENGER, husband and wife, of 3504 Ritner Highway, Newille, PA
17241 (hereinafter referred to as 'Messenger') and GREGORY E. ROBERTS and
HAROLD E. ROBERTS, of 23 Windsor Ridge, Newville, PA 17241 (hereinafter
referred to as 'Roberts') and PENN TOWNSHIP, a township of the second class,
having • business office at 1301 Centerville Road, Mayville, PA 17241
(hereinafter referred to as 'Township').
WITNESSETH:
WHEREAS, Spencer has an approved residential subdivision located in Penn
Township, Cumberland County, Pennsylvania, known as Windsor Ridge Subdivision,
said subdivision having, been reviewed by the Cumberland County Planning
Commission and approved by the Board of Supervisors of Penn Township, with the
subdivision plan being recorded in Cumberland County Plan Book 51 at Page 115;
and,
WHEREAS, Spencer and MacMillan have entered into an agreement of sale for
Lot 22 in said subdivision, a lot which fronts an L.A. 890 (Ritner Highway);
and.
WHEREAS, PennDOT has refused to grant a highway occupancy permit for Lot
22 to gain access to the public road, L.R. 890, along the frontage of said
lot which abuts L.R. 890; and,
Boa( 404 PACE 392
EXHIBIT
WHEREAS, PennDOT has granted Spencer a permit for • low volume road
between Lots 23 and 24 of.said subdivision, this permit having been issued
June 26, 1987, to Permit Ho. 532058, said low volume road permit being to
provide driveways to Lot 23 end Lot 24 and to access agricultural land and
possible future lots on the Spencer property; and,
WHEREAS, Spencer desires to provide access to Lot 22, which is to be
conveyed to MacMillan, by the low volume road between Lot 23 and Lot 24 and by
a 50 feet wide easement at the rear of Lot 23 extending along the rear
boundary of Lot 22; and,
WHEREAS. Messenger and Roberts are the current owners of Lots 24 and 23.
respectively, and use the low volume road between their lots for access to
their lots, pursuant to the terms of a deed of easement dated August 17, 1987,
and recorded in Cumberland County Miscellaneous gook 338, Page 856; and,
WHEREAS, the parties hereto desire to set out their respective rights,
duties and responsibilities with respect to the construction of the access
road to Lot 22 and the future upkeep and maintenance of said easement or
right-of-way;
NOW, THEREFORE, for and in consideration of the mutual terms and
provisions of this right-of-wiy agreement, it is hereby agreed by and among
the parties hereto as follows;
1. Spencer agrees to forgo any future development of the residue of her
tract shorn a■ Lot 26 on the subdivision plan unless she obtains specific
authorisation and approval from Township for said development. Spencer
further agrees to not use, or attempt to use, the low volume road between Lots
23 and 24 for any additional deeded rights-of-way beyond the right-of-way
N OE 40.1 PAC 393
contemplated to be given to MacMillan for access to Lot 22. nor shall Spencer
use or attempt to use the low volume road between Lots 23 end 24 for access to
Lot 26, without the approval and �cionsent of Township,
a --' seal r�h
gi,'V y
2. Messenger and Roberta agree that the low volume road between Lots 23
and 24 may be used for access, to Lot 22, and Messenger, Roberts and MacMillan
?prim to share isq.eiiy in the maintenance of said low volume road.
3. Spencer agrees to construct the cartway for access to Lot 22 in
conformity with the terms and conditions for construction set out in Article
10 of the Penn Township Subdivision Ordinance.
4. MacMillan agree., after conveyance of Lot 22 to MacMillan, and
following the construction of the cartway for access to Lot 22, to maintain
the cartway used for access to Lot 22 in conformity with the provisions of
Article 10 of the Penn Township Subdivision Ordinance.
S. Spencer and MacMillan agree that Township will have no duty or
responsibility for either the construction or maintenance of the low volume
road between Lot 23 and 24 end for the continuation of the right-of-way along
the rear of Lot 23 and the rear of Lot 22, unless formal approval for a new or
revised subdivision plan is given by Township end includes the requirement
that all, or a portion of the previously referred to right-of-way or easement,
be improved in accordance with Article XI of the Penn Township Subdivision
Ordinance dedicated to the public use and benefit and accepted as a township
road.
Township agrees to authorise the issuance of a building permit to
MacMillan for construction of a personal residence on Lot 22.
B00K 404 PACE 39-1
7. By the execution of this agreement and the issuance of a building
permit for Lot 22, Township makes no representation whatsoever regarding the
owner or owners of Lot 22's right to use the low volume road between Lot 23
and 24 for the continuation of the right-of-way along the rear of Lot 23 and
the rear of Lot 22.
8. by entering into this agreement, Spencer and MacMillan hereby release
Township from any and all liability of whatever nature or kind and shall
indemnify end save and hold harmless Township from any and all expenses,
damages, costs, attorney fees and the like, that the Township might ever incur
as a result of the Township entering into this agreement end issuing •
building permit for Lot 22.
9. No further building permit for any of the remaining lots set forth in
the subdivision recorded in Plan Book 51, Pegs 115, shall be issued by the
Township building permit officer without the approval of the supervisors of
the Township. which approval would contemplate either an individual sole
direct access driveway occupancy permit for a lot on said plan or the
presentation and approval of a plan resolving access to all lots on said plan
which likely would require the construction of a road in accordance with
Article AI of the Penn Township Subdivision Ordinance. Said rood to extend
between Lots 18 and 17, along the rear of Lots 18 through 23 inclusive, and
between Lots 23 and 24.
10. Nothing herein shall constitute any agreement or warranty that other
persons, not parties to this agreement, have rights to use the low volume road
and private right-of-way leading to Lot 22 previously described; nothing
herein shall constitute any agreement or warranty that the low volume road and
easement or right-of-way leading to Lot 22 ie a public road.
BOOK 404 PACE 395
.r
11. this agreement is entered into by the parties hereto with the
intention of being legally bound hereby and of legally binding their
respective heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be
executed this agreement on the day and year first above written.
Witness:
)i� I:
Nary n nearVafth
(dr:(372112.
XL LA—) (SEAL)
C././L (SEAL)
(SEAL)
(SEAL)
PENN TOWNSHIP BOARD OF SUPERVISORS
,-gehLo-z-6 / Q,aP.0)
Boa( 404 PAGE 396
COMMONWEALTH OF PENNSYLVANIA:
I SS
COUNTY OF CUMBERLAND
On this, the 17 day of 11040‘4 , 1990, before me, the undersigned
officer, personally appeared Mary Jane Spencer, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument,
end acknowledged that she executed the same for the purposes therein
contained.
Ia. ;WITNESS WHEREOF,
s
•
NOTARIAL SEAL
MIAA AL REED. NOlary h,Wl
.. Coan,lula,Eaplr .I
in
I hereunto set my hand end official seal.
WEALTH OF PENNSYLVANIA: '
: SS
COUNTY OF CUMBERLAND/
On this, the �day of 3--
1.01-11-0 , 1990, before me, the undersigned
officer, personally appeared Keith J. MacMillan and Jeanne L. MacMillan,
husband and wife, known to me (or satisfactorily proven) to tie the persons
whose names ere subscribed to the within instrument, and acknowledged that
they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal
NOTAIIN:L SEAL .
WWI E. IYEM. NOT/NY MUD
Iowa muss. cUMSERIAND *warn
in WNMIESIOS E)JIRES wAfQI II. 11111
COMMONWEALTH OF PENNSYLVANIA' '
I SS
COUNTY OF CUMBERLAND
On this, the 1lt day of 3i4...O , 1990, before me, the undersigned
officer, personally appeared John E. Messenger and April L. Messenger, husband
and wife, known to ■e (or satisfactorily proven) to be the persons whose names
are subscribed to the within instrument, and acknowledged that they executed
the same for the purposes therein contained.
N WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
REED, Notary 9uWk
Tap.. Cumberland Co.. Pa.
'vine Dec. 13, 1993
Notary Public
BOOK 404 PACE 397
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF CUMBERLAND
On this, the 10* day of :5(04‘^j= , 1990, before me, the undersigned
officer, personally appeared Gregory E. Roberts and Harold E. Roberts, known
to es (or satisfactorily proven) to be the persons whose names are subscribed
'to the within instrument, and acknowledged that they executed the same for the
purposes therein contained.
N WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF P
SYLVANIA,
f SS
COUNTY OF CUMBERLAND t
On this, the m day of Tye Q. , 1990, before me, the undersigned
offir,epperao a11T
r y appeared } �, fmt2 , iitomas E. Mrwls
and Cygfy L, r4iroh , who acknowledged themselves to be the Supervisors of
Penn rowhship,'a township of the second close, and that they as such
Supervisors, being authorized to do so, executed the foregoing instrument for
the purposes therein, stated by themselves as Supervisors.
AIL
Notary Public
IN WITNESS WHEREOF, I hereunto sat my hand and official sea
State of Pennsylvania SS
County of Cumberland
Recorded In the office for the recording of Deeds
etc. in and for,Gumberlend Coun
In ekgEktook�}l Vol.=Page
witness my hand r♦t?d al of ofic
Carlisle.
Re
BOOK 404 PACE 398
TAMMY SHEARER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201415914
Recorded On 7/22/2014 At 12:03:34 PM
* Instrument Type - RIGHT OF WAY
Invoice Number -165081 User ID - MSW
* Grantor - STAMBAUGH, GEORGE A
* Grantee - ROBERTS, GREGORY E
* Customer - MARTSON
* FEES
STATE WRIT TAX
STATE JCS/ACCESS TO
JUSTICE
RECORDING FEES —
RECORDER OF DEEDS
PARCEL CERTIFICATION
FEES
COUNTY ARCHIVES FEE
ROD ARCHIVES FEE
BIG SPRING SCHOOL
DISTRICT
PENN TOWNSHIP
TOTAL PAID
$0.50
$33.50
$23.50
$30.00
$2.00
$3.00
$0.00
$0.00
$92.50
* Total Pages - 11
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County. PA
RECORDER OF DEEDS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
III IIIIIIIIII
VERIFICATION
I verify that the statements contained herein are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date:
to
/3 - 2.0 0-(
Troy A. Busser
VERIFICATION
I verify that the statements contained herein are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date:
Ann M. Busser
AFFIDAVIT OF SERVICE
On October 13, 2014, I, Thomas P. Gleason, Esq. did serve a copy of this Answer to Defendants'
Motion by 1st class mail to the following party:
Dated:
Hubert X. Gilroy, Esquire
Martson Deardorff Williams Otto Gilroy & Faller
10 East High Street
Carlisle, PA 17013
Respectfully submitted,
Thomas P. Gleason, Esquire
Attorney for Plaintiff
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
PA Attorney ID No. 82259