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HomeMy WebLinkAbout07-0190IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON FLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07 - 146 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en persona o por abodago y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 0 ,7. / 9d of PETITION TO APPOINT BOARD OF VIEW TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes W. Andrew and Danielle M. Steele, Petitioners, through their attorneys, Keefer Wood Allen & Rahal, LLP, and files the following Petition pursuant to 36 P.S. §§ 2731-2763, and states: 1. Petitioners are adult individuals with a mailing address of 17 Kower Court, Mechanicsburg, Pennsylvania 17055. 2. Petitioners are the record owners of real property located in Shippensburg, Cumberland County, Pennsylvania, as is more fully set forth in the descriptions contained in the following deed from R.W. Steele and Ethel E. Steele to W. Andrew Steele and Danielle M. Steele, Petitioners, dated November 13, 2003 and recorded in the Office of the Recorder of Deeds in Cumberland County in Deed Book 260, page 2778, and attached hereto as Exhibit "A." 3. Respondent J. Scott Trayer, with a mailing address of 60 Shellbank Court, Carlisle, PA 17013, is the record owner of two parcels of land in Southampton Township, Tax Parcel Nos. 39-14-0165-027 (Trayer Tract 1) and 34-14-0165-040 (Trayer Tract 2), as is more fully set forth in a description of a deed from William Ripley Ballou, Jr. and Ruth W. Ballou to J. Scott Trayer, dated April 24, 2006, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 274, page 1178. See Exhibit "B," attached. 4. Respondents Gregory J. Hagen and Maria G. Hagen, with a mailing address of 11 Tall Tree Circle, Broomall, PA 19008, are the record owners of a parcel of land in Southampton Township, Tax Parcel No. 39-14-0167-009 (Hagen Tract), as is more fully set forth in a description of a deed from Richard W. Strayer to Gregory J. Hagen and Maria B. Hagen, dated May 24, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 139, page 1055. See Exhibit "C" attached. 5. Respondents Robert C. Bender and Barbara A. Bender, with a mailing address of 577 S. Mountain Estate Road, Shippensburg, PA 17257, are the record owners of two parcels of land in Southampton Township, Tax Parcel Nos. 39-13-0104-068 and 39-13-0104-069 (Bender Tract). Tax Parcel No. 39-13-0104-068 is more fully set forth in a description of a deed from C. Leon Nehf and Mildred E. Nehf to Robert C. Bender and Barbara A. Bender, dated June 27, 1960, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 19, page 239. Tax Parcel No. 39-13-0104-068 is more fully set forth in a description of a deed 2 from Barbara Ann Bender to Robert C. Bender and Barbara A. Bender, dated February 4, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 262, page 4664. See Exhibit "D" attached. 6. Petitioners' property is land-locked, and Petitioners have neither a private nor a public access road to Petitioners' tract of land. 7. An existing gravel road leads from Walnut Dale Road, a public road, to the north boundary of property owned by Christen P. Gilbert and Molly M. Gilbert (Gilbert Tract). 8. The road travels through the northwest portion of the Gilbert Tract and runs onto a thirty foot right-of-way located on the east border of the Bender Tract. 9. The road then reenters the Gilbert Tract and runs in a southerly direction to the southwest corner of the Gilbert Tract to the property line shared with the Trayer Tract 1. 10. Petitioners have an existing private easement for this unimproved road through the Gilbert Tract, dated June 29, 2004, and recorded in the Office of the Recorder of Deeds on July 14, 2004. See Exhibit "E" attached. 11. The road runs in a southerly direction through the Trayer Tract 1 to the southern most portion of that Tract. 12. The shortest and most practical route from a public road to Petitioners' land is across this existing gravel road and, where the gravel road ends at the southern most portion of 3 the Trayer Tract 1, through the Hagen Tract, southwest of the Trayer Tract. See Exhibit "F" attached. 13. The Hagen Tract and Petitioners' land share a common property line. 14. The opening of a private road across Respondents' land for use by Petitioner is necessary for Petitioner to have access to their land from a public road. WHEREFORE, Petitioners respectfully request that this Honorable Court appoint three viewers to lay out a private road leading from Petitioners' real property located in Southampton Township, Cumberland County, Pennsylvania, and to assess the damages, if any, to which any party may be entitled. Dated: ^'AJuAl r 5-,2007 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP By / Eric R. Augustin Attorney I.D. # 277 635 North 12'h Street, Suite 400 Lemoyne, PA 17043 (717) 612-5803 (717) 612-5805 (fax) Attorneys for Petitioners 4 VERYFICATION Wei W. ANDREW STEELE and DANIELLE A STEELE, the Petitioners, hereby certify that the facts in the foregoing Petition to Appoint Board of View, are true and correct to the best of our knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: /-4/-0-7 CZ/ W. ANDREW STEELE Date: `? . DANIELLE M. STEELE ?xk?by+ ? JAN-3=2007 11:37 FROM:CUMBERLAND ' TO:18667327243 Tax Parcel No. 39-14-0165-M5 TINS DEED, MADE THIS 13th day of November, icm the year of Our Lord two thousand three (2003). IIETWEEIN R. W. STEELE and ETHEL E. 5"IT.E.1 +, huslYand sod wee Grantors, r; and, WILLIAM A. STEELF; and DANIELLE M. STEELS i r husband and wife ' Grantees. WTNESSETH, that in consideration of ONE AND 00/100_ _ paid- U c receipt whereof is bere aclcnowled ed, the said grantors do (hereby ? R' hand the said grantees, their heirs and assigns, y grant and convey to ALL. THAT CERTAIN piece or paareel of land situate in Southampton Township, Cumberland County, Pennsylvania, as set ford, on a survey as prepared Survcying, Inc. on October 14, 2003, and more particularly described as follow.,;, & Zellinger BEGINNING at a point Marked by an iron pin at the common corner of lands now or formerly of Gregory J. Hagen and lands of William E. Ferris; thence along land now or formerly of William E. Ferris, South 58 degrees 08 minutes 45 seconds East, a distance of 706.78 f= to a point marked by an iron pin; then" along other lands now or formerly of William E. Ferris, South 27 degrees 02 minutes 25 seconds West, a distance of 330.00 feet to a point mark by an iron pin; thence along land now or formerly of P. Rexrods, North 57 degrees 52 minutes 26 seconds West, a distance of 720,77 feet to a point marked by an iron pin; th. ence along land now or formerly of Lewis K. Mitten, North 28 degrees 45 minutes 05 seconds East, a distance of 147,86 feet to a point; thence along land now or formerly of Gregory J, Hagen, 0I miztute 01 second East, a distance of 1.77.86 feet to the NOS 3Q degrees point and place of BEGINNING. CONTAINING 5.3661 acres more or less. BEING the same premises which the Tax Claim Bureau of Cumberland Co". by its dcod dated February 22, 1972 and recorded in Cumberland County Deed Book N Volume 24 auo.. 2.60 i::t•L2278 JAN-3-2007 11:37 FROM:CUMBERLAND T0:18667327243 Page 489 granted and conveyed unm R. W. Steele, who joiW by his wife, Ethel Grantors herein. E. Steele are TES TRANSAC17ON LS WHOLLY EjOj FROM A CONVEYANCE FROM FATBER A? Mon= TO SON AIVD HIS W,,, Tile said gra mrs hereby covenant and agree that dleey will warrant specially the Property hereby conveyed. IN VRTNESS WI BREO , said grantor has hereunto set his land and seal the day and year first above written. sr9--4 &dW and DIliv erd in *Prerm" of It_ w. sTFELE ° n } ETkiBI, E. -smp fE- G: 7'7 C = ? w rn r --4 rn 660n 260 FAu22-79 ,.TAN-3-2107 11:37 FROM:CUMBERLAND TO:18667327243 Commonwealth of Pennsylvania ) County of Oberland On this, the 13W day of IM0,4,e 'Steele, bcfore me, the undersigned officer, personally appeared Ethel E. Steele, known; tome or satisfactojo proven) to be the person whose name is subscribed to the within iris t mmey and acknowledge that she executed same for the purposes therein co rat, ntaaned. IN WITNESS WHEREOF, f hcTeunto set my hand and official seal. Notary Public Thy gDD?S 260 PAQ2280 JAN-3-2007 11:37 FROM:CUMBERLRND Commoowcalth of Pennsylvania County of Cumberland T0:18667327243 Ss. On this, the /3'(A day of Arvcm6e,? , 20031 before me, the undersi Pexsana'y Weared R. W. Steele, known to me (or satisfactorily proven) to be the l? officer, name is subscribed to the within instrument, and acknowledged person t whose purposes therein contained.t he executed sanorm far the IN WITNESS WHEREOF, I hereunto set my hand and official seal. •AhWULI -, ,. Nota Public r r, L?iir?rC+?''C7•„y!4? n5 ?a_??`??...•...;.f,r?:j-, I do hereby certify that the precise residence and complete past office address of the within named grantee is 7 eOw c R C T, "04 crc ?l X I-e0j:5, fa i /-70 S s 2003 Attorney fibr 1?? }?,, Lys i Corn 1;7y this to be recorded In Cw-,ibaland County PA --?+1.,'?,.?,?.K,?-mss t6cx 2V : °")?a: Recorder of Deeds Detailed Results for Parcel 39-14-0165-025. in the 2004 Tax Assessment Databa DistrictNo se 39 Parcel ID 39-14-0165-025. MapSuffix x HouseNo Direction Street WALNUT DALE ROAD Ownerl STEELE, WILLIAM A & DANIELLE M C/O PropType L3 PropDesc LivArea CurLandVal 10610 CurImpVal 0 CurTotVal 10610 CurPref Val Acreage 5.37 C1GrnStat TaxEx 1 SaleAmt SaleMo SaleDa SaleCe SaleYr DeedBkPage YearBlt HF_File_Date HF Approval Status Page 1 of 1 http://taxdb.cepa.net/details.asp?id=39-14-0165-025.&dbselect=l 1 /2 /inn-7 x h, b,+ .f3 JAN-3-2007 11:19 T0:18667327243 . iJC6 APR P8 ?? ? ?? Taos Pared (Vos_ 39-14-0785-027 W14-0185-040 DEED] (2008) Ttiil$ gym, rrTade this y of Aprlf in # 164wr of our lord tyr,a tho maw six BM WEN WlLUAM RIPLEY BALLOU. JR. and RUTH W. BALLdIJ. hush and wde ,? ., and grantors , J. SCOTT T RAYED, a MMW rnan, ?+ilrrbea WIC; fn aanaidsration of the sum of Tft HUNDRED DOLLARS, in hand paid, mceipt whereof is F1F1'Y = me do harel?r h ebb Want and convey to the said t?mp; f ?, the said Gtatti?r do TRACrtJO. ALL THOSE CERTAIN lrab d land ai? in So 1ars ?' Dada, bout and deW? m9' 1'awrmhi h M?: survey made by C 4M David L9mt, R SurMyor, dated j 9e as 9EQIUMNG at an ftistino stone ioe at the hem land herein corm of the "a of MnVWed which taddit skm ple is at comer cottwcn to two tracts of land now or fprrneriy of Richard J. Fmnk; thence ftam said Frank. the pkm of SM4h 3 be g nirQ alarm line flf Said lands now or ftwMy of RWMrd J. 10 a degrees am CIS minutes 24 secorx? VMrest, a distsrx?, of 203.92 feet =Mr-On to SW W4 now or tbtmofy oand f Rimed J. Frank one "a o f land is unbtown; Rhenca eeH ? ? ? the MUM whom ixeeant owner pwft #w &xM ? Sid a 33 deQMW 22 minutes %m$1, a Enos of 332.80 f6w ttoo an adeft ftft at comer of land 01 ? i of said fund now or forrfierly, of oft Burns, Cl al., them abV stub in a stone p?• 11Jp? ? Mz?rpar? ? Bums, at ?., through an s tG an tub itan pin sat in stones at r16 minutes Weal, a dManos of 616.$3 fief common to said land now or forrnedy of Ow 274 AASEU78 JAN-3-2007 11:19 T0:18667327243 Marpw% Etta Sunrs, et al, and tam "M"co Wong fine of said land now s now a try or ftmx4ty of C Of ChSsW Leon Neat, Won pin f8 minutes 25 saoor>t ? a 000MO of x_33 ,North 89 P at a Past Wdshng eaStem 6 d the aas$s m lien of V. 30 feet We an rte of said 30 feet wlda is d9? and MMrich dvW anted tt now or farrrwEtrly of Chester Leon ISM line between SW said Fri a P?Pt ice c"nwo along ko of rcw tar d i° ?' d Frbiee and Kelso, a Partnarehip, emyor fine of Rltmrd J. C=rank, which lsrtd we ? land 0dN' ?rrr?eety of deeds, North 89 depros f a n?mu 2y.5 in h Qf their to an expo V stone plb at the place of ?, a dMence of 243.77 feat tin -0. a salbed tract of land mains an area Of 3.7017 acros and has shed anal ftoft ate, l°0 anal frar bam and shed and Trams TOGETHER UIIITIN arty and all rights which M. yvitW 0srantor n? hauls in the '2r4 rMd kWft from Tawnshpr Read T-377 Southward to y to l with the rights grarMeat In the 30 Cleat Woo ? 4W In O righ&O&Way Of Chester Leon mw to x from eth ap t T-377 sloop 1 ofteen pne of Land Leon I'W by inwrurttem dow •>udt? 0w Prs ohm as oonveyed by Cheater hr 20, 1983. ALL THAT CERTAtNI piece of ttOuntsi0 land attuatee in SoutharapW T Cu"tberlarid County, Pennsyhwia, boWtded and deww"d aS faltaws; gyp' BEGINNING at a $6100; titan" by land now or "PPMOW deceseed (frmOdy a Part of ft sanl4 Hof the Wm of Henry VV*4 20 Perms to a s61ne; thence a ). Saulh 29 degrees W t4iven, Saulh 57.5 by ert?tiiar kit of timber land, bmreriy of $, Y ? David Cle re thencx , 43 Pemhea b s storfe on fine of lanai now or for ad to a stone; thence a" sold lines, North 28 dagMes ftK 20 de9? West, 42.3 pert by q?e now or farrneKfy of Mic3q? i4eYe, North 57.5 Aoint, the place of 111119IMMS. COMTAIN ING 5 apes and 51 pe d"g, mgrs or . TRACT NQ. 1 AND TRACT Nlo. g BEMW 771E SAME S which UtW E.A. Porter, unmarried, and Barbara A. taWUk' un? August 19, 7994 8W recorded ' by theft Dow dafbd August 19.7894, in the OflFt;s of the Rehr of Deals of Cumberrtand CA" Ripley BaNou, Jr. and Ruth W?,g?+ and Wills Giyr he? VWftM ntors TOGFMER , waters rrawkhi ag &' Nngular the amma, . Pte d9Ms, r4ertios? i??' we", ' t?rrvt'lepes, herrsditannents and apputtarw?rms wh`sh? th°mmQ bWwQft, or in any wise a PPartainirtp, arld the raversiens renlairtders, rattle. issu0s and PMM8 t~, and a9 the ssiw?e , right. *W, lnlmest, r?y? claim and denond, wt vw of him, the said G haw&bmmr, of. in, to or out of the same. cantors, p[opa In lbw, equity, or otherwise ?R#? 2,74 Poi`1 79 JAN-3-2007 11:19 T0:18667327243 TO HAVE AND TO HOLD the said M Or piece of ground above desmbW, wnh the L b imp cwff amts ttreroon graded, hem &W PromiSM hereby g+anted or "1111, Id 'mended W to be, with the appwtsnancgK unto the said Gi'anlse. frig heirs and ins, to and for the only proper use arrd beitoof of the said gloom, his heirs see! assigns, forever. And he p dY hKSOY °wwayed. ta?er?sby covenant and agree that they wit w ant aspeciafly the IN W17NEM WHERW, the said tiri tm ham hereunto sat their hands and seats the dart' and year first above wrMen. SOM4 Sealed and DafAVwa,d M 00 Pneralgo of LL1tgM 4PKLE AI. , JR. RUTH W. iSkL-OU t artl?r %d the tte%Wnce as a tMa font" is -,q AL or Atty. IV ph' ,ATV avox 274 WEUiRD JAN-3-8007 11:19 TO:18667327243 TO HAVE AND TO MOLD t MW kg ?grourW above gibed ' bulidfngs and lrr?rnv?e?s thereon Oreated, ? with the 04 nwMdonsd, and inb nxW so to be, wfth the apPurNMM Ages, unb ftPmff"n hwebY or SW ammm, W howl and forever., to and for the arty proM use and behca of the said C;ranbs, his hairs and ft. And the said Grarrbcs hm" OWOrwlt and agree that they will waUM Veddy the PrOPOT(Y hersbY conveyed. !N WITM= MlHMW)F, the aaid Crar&M have hfteu to set their hands and seals tho day and Yeerfrrst above written. StPN4 Sembd and DefhwW M of Pnarro of 1+IALI.I %m RfPL T BALLOU, JR, RUTH W BALLOU SODK 274 PACE-USI JAN-3-2007 11:20 TO:18667327243 STATE OF COUNW OF . On this. the day of April. 2M. tefpre me, the undersigned ~, petaont*y ePp80*d WILLIAM RIPLI`Y BALLt')iJ, JR. known W me (Or *08144hTy vemn) to be the Person whose nwm is UtOxibed to the within Instrument, and adamwled?ed that executed aame for the pigposes thet+ n oonWrogd. IN WITNESS WiiERC-OF, I hereunto set my hand and official seal. Notary Public STATE OF -5CPJ-M I iN & . COUNTY OF Q1QAES` o\ ? ss. on this, then Vr dfW of Aprl, 2006, befote me, the undersigned officer, Personally appeared RUTH W. BALLOU known to me (or satlsfaft* pmmn) to be the person wtxm name Is subscribed to the within insfi,rMM artd acknowledged that she em tad same for the purposes 11mein contained. IN WITNESS WHEREOF, I hemunb set my hand and official aeel. Idasi t tt Notmy blic - m#C41"M 4 ftw" p 10010 0666 274 mum JAN-3-2007 11:20 T0:18667327243 STAYS OF 4 ss. COUWrY OF On this, the day of April, 2006, befog me, the undersigned dficar, parsonW appeared WILLIAM RIPLEY SAt LOU, JR. known to n* (or infilfte-Imlly Proven) to be the person whose name Is subscribed to the within irratnnnent, and acknpwledped that he executed same for the purposes therein cormined. IN WITNESS WHEREOF, I hereunto amt my hand and olTicial seal. STATE OF COtN#TY OF notary S ht1?DOF1 NOTARY FCCUWCEStlat: OF Aaucrtww > CQmn±ilgn n+h?r 1, 2007 On this, the MY of APrd. 2008, before nte, the undersigned dker. personalty appmred RUTH W. BALLOU known to no (of savefaato1Y pro~) to be the person wtrosa name is subscribed m the within instrument, and acknowledged #W she a mMed sarxre for the purposes then contained. ! ?? IN WITNESS WHEREOF, I hereunto so my hand and otTdw semi. /17 1f' °o be ro otj t ° fed Nagy Pubic r? ??p ?k 7k? r 1 I 71L M ngm si Tye ? ~ ?-4 g qr Wk 274 FACE1183 1?MMM 1- '? ?,? ? 1 `? ' JAN-3-2007 11:22 T0:18667327243 Qanc e put TMS DEED TAX PARCEL NO. 39-14-D267-009 x Made the 24th day of May, in the year nineteen hundred and ninety-six (1996) asrkLgN CumberlanndACouinty? ?eylvania, m Grantor North or Partydof t %he TP?stiP, Part, AND NRraDRY J. KAgEN and XA43:4 9. XU=, husband and wife, et Delaware County, Pa mtsyl."nia, Grantees or party of the second FArt. WITNESS, That said party of the first part, for and in consideration of the sum of BEVSNTY-NINE TE0U9AND MINE MWDRIM ($79,900.00) DOLLARS, lawful money of the United Statsme Of A.tnexica, well and truly paid by the said party of the second part to the said Party of the first put, at and before the sealing ana delivery of these presents, the receipt whetiaof is horaby ackaoaladged, has granted, bargalnad, sold, aliened, enfeoffed, released, DanVgygd and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, adhVey, and confirm unto the said party of the second part, their heirs, nuccessors and assigns: All 'that hereafter described real estate lying and being situate in Southampton Township, Cumberlahd county, Pennsylvania, bounded and dos4rlbed as follows: TRACT Nn. 1e BEGINNING at an existing stone pile at cornax common to lands now or formerly of A. Baker and Tract E2 bercin; thence along Tract No. 2, North 3 degrees 11 minutes 39 seconds Hest, 395,39 feet to an OXisting post at cornar at Tract No. 2 herein and lends now or formerly of Nshf; thence along lands now or tormarly of Heht. North 00 degrees S9 minutes 5e seconds Hest, 418.64 fact to a set Iron pin; thence continuing along lands now or formerly of Nebf, Iforth•08 degrees 08 minutes 41 seconds West, 560.21 feet to an existing post; thence along lands of the same, North-17 degrees 24 minutes 26 dacondc Nast, 346.50 feat to a railroad -pike in Township Route T-323; thence in Township Route T-323, South 7? dAgraes 38 minutes 19 eecends Kest, O?Oq 139 rIMUSSr i JAN-3-2007 11:22 147.64 fe«t to a rAilroad spike; thogce south 11 degr-ft Beat,5B1.00 feet to an existing post; thence aaatg 1the 50.41 a sort sal degrees 3a minutos, 58 seconds earns, South id i4t to degrees ,41 minutes ). minutes goat; the"00 along the 31 0613 $u 426.31 feet to a set axon pin; hence elen?f pthe same, st ., South 12 gogrees 4, minutes East, 412.50 feet to an existing otone pile; thence along the sAapg, north eQ degrees is minutes 02 seconds Bast, 372.40 feet to the place ar AECTNNINQ. CONTUNIAG 10.842 Acres more or lase, sceoWing to the draft of survey of John R. R18singer dated October 17, 1983. Being Tract No. 1 thereon. ACT NQ T0:18667327243 BSGZNNING at an oxisting stone pile at ed?r oon,aors to Tract No. I herein and lands now or formerly of A. Daher; thence Along lands RoW or formerlX of A. Daher, North 9e, Qegreve 50 minutes 04 moggrk" East, 120.71 feet, to a not iron pin: t4pnea continuing along lands of A. Baker, South 43 degraos Est, 633,35 feet to 1kh existing stone pile at line, of lands now or formerly of Williox garner; thence along land% now or formerly of Will.ia¦e garner, North el degrees Sp minutes 1i seconds East, 382.50 feet to an existing atone pile; theme a continuing along the same, South 77 degrees 29 minutaS 22 saco= Fast, 278.65 feet to an existing atone pile at line of lands of whiep the OWners aft net known; thence Along said rands, North 33 degrees 38 minutes 33 seconds East, 507.14 feet to a point at fine of lands now or formerly of Re,lso; thence along lands now or formerly of R*20o, North 47 degrees 14 minute" 32 seconds West, 352.07 feet to Ah exlaanq storo pile; thence continuinq along the game, North 47 409rees 15 minutes 6 seconds Wd*tr 287,57 fact to an Iran pin set mt line of lande now or formerly of HMO thence along a,ands now or formerly of Nohf, South 08 degxaes 21 minutex 23 neeonds West, 431.25 feet to an axxsting post at line of Tract No. 1 herein; thence along Tract No. i, youth J degrean 11 minutes 39 seconds East, 3x5.39 feet to the place of BEGIMNC. C0NS'AXNING 11483 acres, more or less, according to the draft of survey of John R. Kissinger, R.B. , dated October 13, 1983. Being Tract No. 2 thereon. M M "W JAN-0-2007 11:22 T0:18667327243 BRING that name premidcs Which 14"aret Etta BurnA, single woman, by her Deed dated Septembor 12, 1994 and recorded on September 16, lAS4 in the Llimberland county Recorder of beads Oftice in Dowd Hook 111, Page 1121, granted and Conveyed onto Richard V. Strayer, Grantor herein. y TOOPMER with All and singular tenements, Rereditamante and Rppurtenanccs to the saps belonging, or in any way appertaining, and the reversion and reversions, remainder or renohinders, rents, isuer and profits thereof; AM ALSO 'all the estate,' rights, title. interest, property, claim Ard demand Whatsoever:- both in law and equity, of the said party of trA first part,-of, in, to or out of the said premises, and every part and parcel thereof. To HAVE Mn To HOLD the said premises, with nal and singular the appurtenance6, unto the said party of the second part, their heirs, Ruccessors or assigns, to and for the only proper use and behoof of acid party of the second part, their helre, succ*msors and assigns forever. AM the said party of "a first pert, hie hairs and assigns, does by these broaents, covenant, grant and agree to and with the amid party of the second part, their heirs, successors and assigns, that the said party of the first part, his beirm, auecamsors and assigns, all end singular the beraditbments and premieee herein above dee=lbed and granted, or mentioned and intended so tv 1a., with the appurtenances unto the said party of the eecand part, their heirs, uueeessors or assigns, against the said 'party of the first part and his heirs, successors and ssmirlns, and against all and WM%7 ether parson or porsons, whoa,xeever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, 3abjdat to aforefaid SPECTALLR WARM" and ORFESD. IN WITNRBS 19ER20TI this said party of the first part has hereunto set his h*Md and seal, the day and year first written P'bove. Signed, Sealed and Delivered in the presence of 1t cnarra stra r' 0001f 139 IME10Z7 JAN-r3-2007 11:23 Coamonwealth of Pennsylvania County of Cumberland SS On this, the 24th day of May, 1996, before me, thq undu'signed officer, perearmlly appeared, RjcxArD w. VMyRR known to me or satlmfactprily proven to be the pwceon chose name In aubecrihed to tha Within inertrummt, and acknow1ofted that he axrcuted the within instrument for the purvane heroin contained And With tbR intent to be legal bound. IN WITNESS NUUMP, I have hereunto eat By hand and notarial nnal. -hy Na ry is Pty Cemaimsion Expirar' Mr pco? is to iy (: CERTIFICATE OF RESIDENCE I hereby certify that the precise rocidenon of the G;ante t'''•' hm.rrin in Am follow!: en • ^ '711 Af17'4&M- /M/arm./ ?if• t ?d'7d N -_ ?' . IA"4 ?? Attorney CY Agrrflt faf GYahtef mi r i 4 H 6 - m Ai UP *40,% 1 T0:18667327243 Page 1 of 1 Detailed Results for Parcel 39-14-0167-009. in the 2004 Tax Assessment Database DistrictNo 39 Parcel ID 39-14-0167-009. MapSuffix HouseNo Direction Street WALNUT DALE ROAD Ownerl HAGEN, GREGORY J & MARIA B C/O PropType A PropDesc LivArea 1342 CurLandVal 74620 CurImpVal 3320 CurTotVal 77940 CurPrefVal Acreage 22.42 CIGrnStat TaxEx I SaleAmt 79900 SaleMo 05 SaleDa 28 SaleCe 19 SaleYr 96 DeedBkPage 00139-01055 YearBlt 1900 HF File Date 03/07/2005 HF Approval_Status D http://taxdb.ccpa.net/details.asp?id=39-14-0167-009.&dbselect=l JAN-3-2007 11:53 FROM:CUMBERLAND ZIEGLP. '•f w4(susit of WEEDS ;;.itlAtiO 000NT 'f Pfd 3 3G TO:18667327243 THIS DEED, MADE TO ? day o,,fda~#7 in th?year of our Lord two thousand four (7004). BETWEEN BARBARA ANN BENDER„ also known us BARBARA A. BENDER, married woman, of Southampton Township, Cumberland County, Pennsylvania, party of the first part. Crrantor. and ROBERT C. BENDER, and BARBARA A. BENDER, husband and wife, of Southampton Township, Cumberland County, Pennsylvania, parties of the second pan, Grantees: WITNESSETH, that in comideration of Cline ---($1,00) ---DQuar, in land paid, Ac receipt whereof is hereby acknowledged, the said Granter does hereby grant and convey to 0w saint Grantees, their heir,, and assigns, as renants by the entirety, ALL THOSE TWO certain tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and dascribed in accordance with Final Subdivision Plan for Chester Leon Nehf, prepared by John R. Kissinger dated December 29, 1985, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 57, Page 121, as follows: BEGINNING at it point in the center line of Township Road T-323 at the dividing line between Tracts Nos. 1i and 2 herein described; thence from said point at the place of beginning along the dividing line bctwccn said Tracts Nos. 1 and 2 the following coursca and distances: (1) North 87 det s East in Township Road T-323 a distance of 217.4 feet to a point of the center line of Township Road T-323; and (2) South 07 degrees 36 minutes Bast a distance of 460.35 fcct to a point at corner of land now or formerly of Margaret Burns; thence along line of said land now or formerly of Margaret Burns North 89 dr- rees 30 minutes West a distance of 572.55 feet to a point; thence still along line of said land now or formerly of Margaret Bruns and crossing said Township Road T-323 and continuing along line of land now or formerly of Bessie Witmer, North 16 degrees West a distance of 803.55 feet to a point; thence still along line of land now or formerly of Bessie Witmer, North 83 dcgrm 45 minutes West a distance of 1139.02 fret more or less to a point at the Southeastern corner of Lot No. 1 •whicb was conveyed by Chester Leon Nehf, widower, to his grandson, Steven Ray Bender and his wife, by deed dated May N. 1989 and recorded June 6, 1989 in the hereinafter mentioned Recorder's Office in Deed Book "Z", Volume 33, Pagc 393; thence along the Eastern line of said Lot No. I now or formerly of Steven Ray Sender and wi fc, North 02 degrees 16 minutes 16 seconds West a distance of 1026.60 feet to a point in line of land now or forrerly of Harry Burkholder, therloe along line of said land now or fornerly of Harry Burkholder the following three courses and distances; (J.) South 87 dogAw 00 minutes East a distance of. 1035.69 feet more or less to a point; (2) North 12 degrees West a distance of BOUT( 262 rni:4664 JAN-3-2007 11:54 FROM:CUMBERLAND T0: 18667327243 227.7 feet to a point; and (3) North 1.6 degrees 45 atinutes East a distance of 636.9 feet to a point at the dividing line between Tracts Nos. 1 and 2 herein described: thence along the dividing line between said Tracts Nos. 1 and 2 the following four (4) courses and distances: (t) South 76 degmees 30 minutes East a dimanec of 833.25 feet to a point; (2) South 01 degrees 30 minutes West a distance of 775.5 feet to a point; (3) South 20 degrees West a distance of 557.7 fiat to a point; and (4) South 06 dcgrCes 15 minutes East a distance of 628.65 fvet to a point in the center line of said Township Road T-323 at the place of BEGINNING. less. THE ABOVE-described Tract No. 1 contains an area of 63.52075 acres, more or BEGINNING at a point in the contra line of Township Road T-317 ]mown as South Mountain Eatatcs Road in line of land now or formerly of Harry Bu&holder described in Cumberland County Deed Book 29 "S" 666; thence frm said point at the place of beginning along the center lint of said Township Road T-317 and land now or formerly of Norman Swindler described in Ned Book 22 "'1"' 665, South 85 degrees 30 minutee East a distance of 891.0 fcct to a point in the center line of said road at cornot of land now or formerly of South Mountain Estatca; thence along line of said land now or formerly of South Mountain Estates and along line of land now or formerly of Linda Martin. South 16 degrees Fast a distance of 2316.6 fret to a point at corner of land now or f4Ttncrly of Stewart Hvdtt; thence along line of said land now or formerly of Stewart Hctritt , South 11 degrees 15 minutes East a distance of 495.0 feet to a point; thence still along lino of said land now or formerly of Stewart He Att and crossing Township Road T-323 and continuing along lint of land now or formerly of Henry Friesc, South 04 degrees East a distance of. 1011.45 feet to a point; thence South 86 degrees 30 minutes West a distance of 945.45 feet to a point wbieh is a comer of land now or formerly of Margaret Burns; thence along line of said land now or formerly of Margaret Burns, North 0l degrees 30 minutes West a distance of 425.7 feet to a point at Cotner of Tmet No_ 1 ltcreinabove described; thvrace along line of said Tract No. I hereinabove described the following six (6) courses and distances: (1) North 07 degrees 30 minutes West a distance of 460.35 feet to a point in the center litre of Township Road T-323; (2) thence, in Township Road T-323 South 87 degrees West a distance of 257.4 feet to a point is the center line of said Township Road T-323; (3) North 06 degrees 15 minutes West a distance of 628.65 feet to a point; (4) North 20 degrees East a distance of 557.7 feet to a pqi nt; (5) North 0) degree 30 minutes East a distance of 775.5 feet to a point; and (6) North 76 dr.$rees 30 minutca West a distance of 833.25 feet to a point in line of land now or fortnorly of Harry Burkholder described in Dyed Book 29 "S" 666: thence along line of said land now or formerly of Hatay Burkholder North 16 degrees 45 minutes East a distance of 874.5 feet to a point in the center line of said Township Road T-317 known as South Mountain Estates Road at the Place of BEGINNING. THE ABOVE-dc.,SCribcd Tract No. 2 contains a gross arcs of 86 acres 26 perches, from which there is excluded the tact of land 110 feet by 175 feet containing 19,250 square feet or 70.707 perches more or leas which is excepted and reserved, leaving a not area of 85 acres and 115 porches more or less. THE SAID tract of land excepted and reserved from the above-deccribod'7Yaut No. 2 is all of the tract of land which C. Loon Nehf and Mildred E. Nettf, husband and wife, by deed dated June 17, 1960 and recorded Julie 28, 1 %0 in the hereinafter named Recorder's Office in Docd Book "X", Volume 19, page 239, granted and conveyed to Robert C. Bender and wife. TIHI ABOVE-dcscribed Tract No. 2 is subject to a 15 foot wide right-oFway fur a private lane to be used in common with the owners of the land excepted and reserved from the above-described Tract No. 2, as described in said deed rcc;ordcd in Deal Book "X". Volume 19. Yage 239. BOOT( 262 wqns JAN-3-2007 11:54 FROM:CUMBERLAND THE ABOVE-dc5chbed Tract No. 2 has thereon erectod a dwolling house and other improvements and has the mailing address of 577 South Mountain Estates Road, Shippcnsburg, Pcnnsylvania 17257. THE ABOVE-dmudbed 'T'racts Nos. i and 2 are all of the same pretnises which were distributed to Barbara Ann Bcndcr, the Grantor herein, by Order of the Orphan's Court of Cumberland County, Pennsylvania, W the Bstate of C. Leon Ncbf, dated January 11, 2000. and recorded January 11, MM, in the Office of the Recorder of deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 214, Page 839. THE WITHIN conveyance is from wife to husband and wife and is, therefore, exempt from realty transfer taxes imposed by the Commonwealth of Pennsylvania, Township of Southampton, and Shippensburg Area School District. AND the said Grantor does hereby cowmanl and agree that she will warrant SPECLAL LY the property hereby conveyed, IN WETNESS WHEREOF, said Grantor hac hereunro set her hand and seal this day and year f rst above written. Sighed, Seated, and Deurered in the,Preirenee of Barbara Ana Bender I Y2} ??`t f1 I.. ,,il'•'?? _ -(SEAL) Barbara A. Bender Commonwealth of pennsyivania Gounry of Cmmtperland ,1,4- re?? On this, the day of j s;s airy 004, Ware me, the undersigned oOcer, personally appeared BARBARA ANN BENDER, also known ax BARBARA A. 35NDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrwne.nt, and acknowledged that she e%ecwued the same for the purposes therein contained. 1IN WITNESS WHEREOF, I hereunto ser my hand and official seal, t+lvr NL fy/1L INSM&LIP,1at:,tIC ARYPUBLIC 10Nd erC E.'N>MEIhMACD.PN 1 2000 I OfYG 10p ema"Mm I do hereby certify that the precise residence and complete post off "ace address of the within named Grantee is 577 South Mountain Estates, Shippensburg, PennsyNania 17257. I Cetl,ify this to be recorded 1,1 CUntberland County IF . ? Attorney for Grrsntee t n f' s, Bo01c 262 PAOC4666 TO:18667327243 Page 1 of 1 DistrictNo 39 Parcel ID 39-13-0104-069. MapSuffix HouseNo 577 Direction Street SOUTH MOUNTAIN ESTATES Ownerl BENDER, ROBERT C & BARBARA A C/O PropType A PropDesc LivArea 1934 CurLandVal 367130 CurImpVal 103220 CurTotVal 190530 CurPrefVal 87310 Acreage 149.68 CIGrnStat y TaxEx 1 SaleAmt 1 SaleMo 05 SaleDa 10 SaleCe 20 SaleYr 04 DeedBkPage 00262-04664 YearBlt 1840 HF File Date 01/04/2006 HF Approval_Status D Detailed Results for Parcel 39-13-0104-069. in the 2004 Tax Assessment Database http://taxdb.ccpa.net/details.asp?id=39-13-0104-069.&dbselect=l JAMe3-2007 11:54 FROM:CUMBERLAND T0:18667327243 te!•p7'-Warn.y Jodi-. aen Fens. Ad1. .[ Ifoa, sl.?. ? lldnrr rldll, Inc., Ipel Yh i U9 MADE THE ? lzi k.. day of June i if o'<r• Lord one thousand nine hundred a in the year i ? and sixty (1960) BMTIVERN C. LEON NEHF and MILDRED B. NEHF, his wife, of R. D. 2, ! Shippensburg, Cuuberland County, Pennsylvania, Grantors , j and ROBERT C. BENDER and BARBARA A. BENDER, his wife, of R. D. 2, Shippensburg, Pennsylvania, 1 i iVlTA'ESSETFI, that 417 cmtaidarati- of ONE HUNDRED DOLLARS ($100.00) in, harm paid, the 'roccipt. •wllerro f is 1, erebll a cA7wto j and convey to the said lodged, the said grantor s ' do grantee 2, ALL that certain lot of ground situate In Grantee 5 , Dollars, hereby !!rant Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point in the center of a fifteen (15) foot wide private j lane at a point Five Hundred Forty-three (543) feet South of the inter- section of the said private lane with a hard road which runs through Chestnut Cross Roads to Shippensburg; thence along the said lane in a Southerly direction One Hundred ten (110) feet to an iron prim; thence in a Westerly direction with right angles of the said lane along lands of the Grantors herein One Hundred Seventy-five (175) feet to an iron pin; ' thence in a Northerly direction and parallel with the said private land along other land of Grantors One Hundred ten (110) feet to an iron pin; thence by the same, in an Easterly direction One Hundred severity-live (175) feet to an iron pin in the center of the said private lane, the place of BEGINNING. THE said Grantors further grant and convey to the Grantees, their heirs and assigns a right of way in common with the said Grantors,. their heirs and assigns over the said 15-foot private lane leading from the above described lot to the above mentioned hard road. BEING a part of a larger tract of land, known as Tract #2, which John Gutshall and Catherine Gutshall, his wife, by their deed dated December 23, 1944, and recorded in the Office of the Recorder of Deeds in and for Cumber- land County in Deed Book "VV",Vol. 12, Page 433, conveyed to Chester Leon Nehf, also known as C. Leon Nehf, and Mildred E. Nehf, his wife, Grantors herein. ..Transactiori between parent and child. -^? •.. Iii RaarEa ?Ia?la 7raetl11 Tait osl. A .1 0. a j AND, the said grantor s do • hereby covenant and agree to and with Lhe said grantee sr that they, the grantor a, their heirs, executors and administrators, shall and will war- rant GENERALLY and forever defend the herein above described premises, with' the hereditainMts and appUrtenances. 'into the said grantees, their heirs ared j assigns, against tho said grantors , and against even] other person tamfully Blair" i,;p or who shall hereafter claim the 8 lime or any part thereof, 'P Cry JAN;-3-2007 11:55 FROM:CUMBERLAND TO:18667327243 F BOCx .!S rA6122410 IN-'WITflCSS;,WHEREOF, said gra„toag:.AaveAamaito =et their hands and seats. the day card? ydar JEsst above w'iU StgamA, *mw sub $lturrsb _ tn 141' prempm of _......_...__....... W__.__............W ...?.'?.?r.. ?....._.... ........... -._._....... .... , ..............-_.........Y. I?wY. State of 'PENNSYLVANIA County of CUMBERLAND ?i On this, the z.C L day of Tune , to 60 , before me, a Notary Public in for said County and state, the undersigned oxcer, Pdrsomny appeared C. Leon Nehf and Mildred E. Nehf, his wife, t 4 known to me (or satiefaetorly proves) la be the parson s whose name s am aubsoribed to the with- in inetrameht, a%d,ackrwwkdged that they executed dame for the Purposes therein contained. ypti.EY V,?ITNESS WHEREOF, I hereunto set my hand and o!JieW seal. t ? . F 1, taaWy aMbNe sbio cb. buhad CaratT " ° :?'b'd't ?r; :_ •----atT.t:'amualaiee.FatsWaAld?mhn_RA.?1.? .................. : G •. 'S ti Yr?c ' `i Title of Officer. Tr r.... y ` I do hereby 0crpfy tkat the Prepae residmee. and oompkie post office addrag ofT this seamed grantee is R. D. 2, 3hippensburg, Pennsylvania r-1' Y? I9?eC+ ..._. ...Zt?,?j??L-f?6•Rrr?ccr•••..?r?'??:?J.?..........__... V Atlorneyr for:_o__ _ ?. ____•_ .. w p a ?'+ ado w 3 a W ? r z 'r m x w/+ ? !+ ? p4 . J T-+ z W ox LC V La NQ fs .. W ti z Uw Ox¢ COMMONWE LTH OF.PENNS LV County of aa. .. .. - -- - - 4cOROSb UN r.E of y?F CKRK uF cuURiS y MURDER OF QC'Js 111RER(ARq COUNTY OFRRSY,vAqu T RECORDEt7 on this. day of __. A. D. ig-kin Ch- Recosdes+e office of the. said County, in Deed Book X Vol........ 4....---, Page .... •.r' a7 --• . Given sns+ hand and the seal of the said once, t`he- date above svrtttesa ? /-+s.o - '" ??a'?"at .... Recorder. Page 1 of 1 Detailed Results for Parcel 39-13-0104-068. in the 2004 Tax Assessment Databas DistrictNo e 39 Parcel ID 39-13-0104-068. MapSuffix HouseNo 575 Direction Street SOUTH MOUNTAIN ESTATES Ownerl BENDER, ROBERT C C/O PropType R PropDesc LivArea 1176 CurLandVal 19170 CurImpVal 90210 CurTotVal 109380 CurPrefVal Acreage .44 CIGrnStat TaxEx 1 SaleAmt o E SaIeDa SaleCe SaleYr DeedBkPage YearBlt 1964 HF File Date 12/01/2004 HF Approval_Status I A http://taxdb.cepa.net/details.asp?id=39-13-0104-068.&dbselect=l 1/3/2007 ,,?c ti?b;? E c !.'QTY-PA EASEMENT AGREEMENT '04 AL 14 PPi 2 01 THIS EASEMENT AGREEMENT ("Agreement"), made thi??. day of June, 2004, by and between CHRISTEN P. GILBERT and MOLLY M. GILBERT, husband and wife, residing at 1208 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania (hereinafter "Grantors"), and W. ANDREW STEELE and DANIELLE M. STEELE, husband and wife; residing at 17 Kower Court, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Grantees"). WITNESSETH: WHEREAS, the Grantors own a tract of land situate in Southampton Township, Cumberland County, Pennsylvania (the "Property"); and WHEREAS, Grantees own a landlocked five-acre tract of land to the southwest of the Property in Southampton Township, Cumberland County, Pennsylvania; and WHEREAS, in order to provide for the proper ingress and egress for persons and motor vehicles to and from the five-acre tract of land, Grantors are willing to grant unto Grantees a perpetual easement over the Property (the "Easement Area"); and WHEREAS, the parties hereto desire to delineate the rights and duties which they and their heirs, successors and assigns intend to assume in regard to the aforesaid Easement Area. NOW, THEREFORE, in consideration of One Hundred Dollars (5100.00) and the mutual promises, covenants and agreements herein contained, and other good and valuable consideration, and intending to be legally bound hereby, the parties hereto covenant and agree for themselves and their heirs, successors and assigns, as follows: 1. The recitals set forth above are incorporated herein by reference as if set forth fully. 2. Grantors hereby grant and convey unto Grantees, their successors and assigns, a perpetual easement over the Easement Area for use of a dirt lane (the "Driveway") for the ingress and egress of persons and motor vehicles to and from the five-acre tract. The Driveway is more particularly shown on a certain Land Survey by Carl D. Bert, dated July, 1983, and attached hereto as Exhibit "A" and incorporated herein by reference. 3. Neither party shall be required to construct, maintain, repair or replace the improvements described in Paragraph 2 herein; provided, however, that either party may, at their own cost and expense, perform any maintenance or repairs required and provided that such maintenance or repairs shall not interfere with the other party's use of the Driveway. And provided, further, that Grantees, their successors and assigns, shall maintain and repair the Driveway for any damage caused by excessive or heavy traffic from motorcycles, dirt bikes or all-terrain vehicles, operated by Grantees, their invitees, successors and assigns. In the event that the Grantees construct a primary residence on the five-acre tract of land, Grantors and Grantees shall mutually agree on any maintenance or repairs required to Driveway and shall apportion the costs and expenses equitably. 4. Grantees shall not build or maintain, or permit to be built or maintained, any other structure on the Easement Area other than the Driveway set forth in Paragraph 2 herein, and no obstruction shall be erected or permitted upon any remaining portion of the Easement Area, including, but not limited to, signs or fences. 5. The Grantees hereby agree to indemnify and hold harmless Grantors, their heirs, personal representatives, successors and assigns, against any and all demands, suits, judgments, claims, damages, liabilities, expenses or obligations incurred by Grantors in connection with the use of the Easement Area, or the Driveway, whether by use of Grantees or their invitees, including, but not limited to, reasonable attorney's fees and costs which may be required to give effect to this paragraph. 6. Except as otherwise expressly provided herein, all easements, covenants, obligations and agreements hereunder shall be perpetual in nature and shall run with the land and the properties benefited or burdened by such easements, covenants, obligations and agreements; provided however, that no party hereunder or any successor to such party shall be liable for acts or omissions occurring or obligations arising after such party or successor conveys fee simple title to its respective property. The parties hereto, for themselves, their successors, assigns, heirs and personal representatives do covenant that the agreements herein shall be binding on the heirs, executors, administrators, representatives, successors and assigns of the parties hereto. 7. This Agreement shall be construed in accordance with the lav s of the Commonwealth of Pennsylvania. 8. This Agreement contains the entire understanding between the parties hereto, and supersedes any prior written or oral agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or understandings oral or written, between the parties hereto relating to the subject matter of this instrument, other than as referred to herein. 9. This Agreement may be amended at any time in writing signed by all parties to this Agreement. -2- IN WITNESS WHEREOF, the parties hereto, have hereunto set their hands and seals the day and year first above written. WITNESS: W. ANDREW STEELE IN A'11n 00,c 11. tk/1- a l'D ANIELLE NI. STEELE "Grantees" -3- WITNESS: CHRISTEN P. GILBERT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On this, the o)-C 4 day of June, 2004, before me, the undersigned officer, personally appeared CHRISTEN P. GILBERT and MOLLY M. GILBERT, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and executed the foregoing instrument for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. r??l ?zw Notary Publi Notarial Seat LFBev'erly A. Darrenkamp, Notary Pubtlc uilfard TiaFranklin County ommission Expires Dec. 4, 2004 Msmber, Pennsylvania Association of Notaries -4- COMMONWEALTH OF PENNSYLVANIA COUNTY OF C U h 1 bar! a rtd ss. ',Tull On this, the day of AM, 2004, before me, the undersigned officer, personally appeared W. ANDREW STEELE and DANIELLE M. STEELE, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and executed the foregoing instrument for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA - ?ZI-?"I nri1r Notarial Seal Notary Public Kristin H. Messick, Notary Public LowerAllen Twp., Cumberland County M Commission Ex Tre s Oct. 29, 2007 Member, Pennsylvania Association of Notaries -5- 6 1 ;?lvo?- w0. d J pav Car/ / 9 8 3 rdZ Z"' GREGORY J. HAGEN x 139-1055, TR. 12 ' ry"? N 30'01 '01 " E ; F 177.86' /A S S TO" -,6.._N ? 3 44' 278 W i .09' IX' STONES N 28'45'05" E 147.86' 233 F LEWIS K. MITTEN ON?`3 ! W-35-1134 4., I ? \ I ,')FO 7'r X40 9!,)- 0- ,?R?S Ir aI >/- ?& - ?i ¢„ `?, AT ? /* ti&D ,, -- C_ 7Fti - . C) R IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. d ^J - /196 ORDER day of , 2007, upon consideration of the foregoing Petition, it is hereby ORDERED that: . L c (1) A rule is issued upon the Respondents to show cause why the Petitioners are not entitled to the relief requested; (2) The Respondents shall file an answer to the Petition within days of this date; (3) The Petition shall be decided under Pennsylvania Rules of Civil Procedure or PARCP No. 206.7; c (4) Argument shall ba-beld on lp? a ?0 6 in Courtroom of the Cumberlan County Courthouse; and (5) Notice of the entry of this Order shall be provided to all parties by the Petitioners. ) - *borm J. ., ; Ph,??tirr??a ? 1 .6 WV L 1 Or LOOZ A 8 It! 0; S- . Johnson, Duffle, Stewart & Weidner By: David W. DeLuce, Esquire I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-190 CIVIL ACTION - LAW PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant, J. Scott Trayer, in the above-captioned matter. Attorney I.D. No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: dwd@jdsw.com Attorneys for Defendants Date: JOHNSON, DUFFIE, STEWART & WEIDNER CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Eric R. Augustine, Esquire Keefer, Wood, Allen & Rahal, LLP 635 North 12th Street, 4th Floor Lemoyne, PA 17043 Attorneys for Plaintiffs JOH N, DUF I TEWA T & WEIDNER B David . DeLuce, squire I.D. #: 41687 301 Market Street Lemoyne, PA 17043-0109 e-mail: dwd@jdsw.com Attorneys for Defendants 290926 tw? GJ co L? -n LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 CIVIL TERM STIPULATION s'T AND NOW, TO WIT, this / day of "A/w,2 C ? _, 2007, Petitioners, W. Andrew Steele and Danielle M. Steele, by and through their counsel, Keefer Wood Allen & Rahal, LP, and Respondents J. Scott Trayer, by and through his counsel, Johnson, Duffie, Stewart and Weidner, Robert C. Bender and Barbara A. Bender, by and through their counsel Dale F. Shughart, Jr., Gregory J. Hagen and Maria B. Hagen, by and through their counsel, Wolf & Wolf, hereby stipulate to the following facts: L Petitioners filed a Petition to Appoint Board of View on or about January 10, 2007. 2. Petitioners' filing alleges the property that is the subject of the Petition is land- locked and that Petitioners have neither a private nor a public access road to Petitioners' tract of land. 3. Argument is set in this matter for March 8, 2007 at 1:00 PM in Courtroom 3 of the Cumberland County Courthouse. 4. The only issue for argument is whether the Petition contains the necessary infonnation to require a board of view be appointed. In Re: Private Road in Nescopeck Township, 422 A.2d, 199 (Pa. Super. 1980). i 5. Counsel for all Respondents agree that Petitioners' land is land-locked. 6. No issues ripe for argument are in dispute at this time.. 7. By stipulating to the appointment of a board of view, Respondents do not waive their rights with respect to any potential litigation regarding possible roads laid out by a board of view, Dated: N/,q 2L 14 1 , 2007 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LP By Eric R. August' Attorney I.D. 78277 635 North 12" Street, Suite 400 Lemoyne, PA 17043 (717) 612-5803 (717) 612-5805 (fax) Attorneys for Petitioners r By 11Z ?'._. -ji Ir ?. avid W. eLuce, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorne} ss for Respondent J. Scott Trayer By Dale F. Shughar Jz., Es' ire 10 West High Street Carlisle, PA 17013 (717) 241-4311 Attorneys for Respondents Robert C. Bender and Barbara A. Bender By Nathan C. Wolf, Esq#lre Wolf & Wolf 10 West High Street Carlisle, PA 17013 (717) 241-4436 Attorneys for Respondents Gregory J. Hagen and Maria B. Hagen CERTIFICATE OF SERVICE I, Eric R. Augustine, Esquire, hereby certify that I have served the foregoing Stipulation, this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: David W. DeLuce, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Respondent J. Scott Trayer Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Robert C. Bender and Barbara A. Bender Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Gregory J. Hagen and Maria B. Hagen KEEFER WOOD ALLEN & RAHAL, LLP By Dated: j?I / tj (LC_ r{ / '2007 LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: 2007 -1905 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Respondents, Gregory J. Hagen and Maria B. Hagen. Date: February 28, 2007 N , Esquire Su ourt ID# 87380 10 C?st High Street Carlisle, PA 17013 717-241-4436 cc: David L. DeLuce, Esquire Dale F. Shughart, Esquire Eric R. Augustine, Esquire Q co -?{:> LAYING OUT AND OPENING OF CUMBERLAND COUNTY, A PRIVATE ROAD over property located in civil Action Shippensburg, Cumberland County CIVIL TERM W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents ENTRY OF APPEARANCE Please enter our appearance as counsel for the Robert C. Bender and Barbara A. Bender. / Dale F. Shughart, Attorney I.D. 1937 Hamilton C. Davis Attorney I.D. 10264 10 West High Street Carlisle, PA 17013 (717) 241-4311 PENNSYLVANIA No. 07-1901F spondents, cc David W. DeLuce, Esquire Nathan C. Wolf, Esquire Eric R. Augustine, Esquire ?S ,F 1(' rTl a t : j } CO .. 4^ Y ? S _ ;• ?. y -? r=, N Johnson, Duffle, Stewart & Weidner By: David W. DeLuce, Esquire I.D. No. 41687 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents Attorneys for Respondent Dr. J. Scott Trayer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-190 CIVIL ACTION - LAW ANSWER TO PETITION TO APPOINT A BOARD OF VIEW The Respondent, Dr. J. Scott Trayer, by his attorneys Johnson, Duff ie, Stewart & Weidner provides this Answer to the Petition to Appoint a Board of View pursuant to Pennsylvania Rule of Civil Procedure 206.2 as follows: 1. Petitioners are the owners of a tract of land consisting of approximately 5.37 Acres which, to Respondent's knowledge, does not have an existing gravel or private road connecting the parcel to a public road. 2. It is believed and therefore averred that the Petitioners knew that the property was landlocked when it was purchased. N 3. There are no dwelling places or structures known to be on the Petitioner's tract. 4. The Petitioners have requested a board of view to determine whether a private road is necessary for access to their property pursuant to the Private Road Act of 1836, 36 P.S. §2731 et seq. 5. Due to the fact that Petitioner's tract does appear to be landlocked, Respondent Trayer cannot object to the appointment of a Board of View pursuant to the Private Road Act. See also, In re Private Road in Nescopeck Township, 422 A.2d 199 (Pa. Super. 1980). 6. However, the Respondent would like to place facts on the record to support his contention that the Board of View should find that a more convenient and logical route should be explored from existing and nearby Cabin Lane through the lands owned by William E. Ferris and Kerry E. Ferris (not party to this action) and Bruce K. Rotz and Patsy A. Rotz (not party to this action) and to give the Petitioner's access to their property. 7. Bruce K. Rotz and Patsy A. Rotz are the owners in fee simple of 40 Cabin Lane containing approximately 1 acre which was acquired by deed dated July 1, 2003 and recorded at Deed Book 00257 Page 04552 and attached as Exhibit A hereto. 8. William E. Ferris and Kerry E. Ferris are the owners in fee simple of a tract containing approximately 16.78 acres which was acquired by deed dated August 25, 1972 recorded at Deed Book U24 Page 153 and attached hereto as Exhibit B. 9. On January 22, 2007 the Ferris' were awarded an easement by prescription for the use of the portion of Cabin Lane located on the Rotz property for ingress and egress to their property. The Order of Court is attached hereto as Exhibit C. 10. This easement essentially extends Cabin Lane through the Rotzs' property to the Ferris' property. 11. The Ferris property shares a common boundary with Petitioner's property. 12. Respondent Trayer submits that the extension of Cabin Lane through the Ferris property to the property of Petitioner would be the most logical and direct route for a private road which would connect the Petitioner's property to Cabin Lane. 13. Additionally, the Respondent would like to direct the Court's and the Board of View's attention to the case law that holds the Private Road Act is intended only to provide sufficient access to one's land for its present use, not for future intended use such as if the property were developed. See, In re Pine Road, 9 Pa. D. & C. 4th (1990). 14. In relation to the holding in Pine and the language of the Private Road Act, it is submitted that a 30 foot right of way is excessive for a vacant lot used for only recreational purposes. WHEREFORE, it appearing that under the Private Road Act Respondent Dr. Scott Trayer cannot block the appointment of a Board of View, however, he would like to place on the record his contention that Cabin Lane would be a better and more logical route of access for the Petitioners and that, given the purely recreational use of the property, the 30 feet requested by the Petitioners is excessive. JOHNSON, DUFFIE, STEWART & WEIDNER By: avid W. eLuc , squire Elizabeth D. Snover, Esquire /07 Attorneys for Respondent Trayer Date: 03/02/2007 14:23 FAX JDS&W Z002/002 VERIFICATION I, J. Scott Trayer, have read the foregoing Answer to the Petition to Appoint a (bard of View and hereby affirm that-it is true and correct to the best of my personal knowledge,oor information and belief. This Verification and statement is made subject to the penaltiesiof 18 Pa. C.S. §4904 relating to unswom falsificatio authorities; I verify that all the statements made in the foregoing are true and correct an rat false statements may subject me Wthe penalties of 18 Pa. C.S. §4904. J DATE: 31%lb I CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer to the Petition to Appoint a Board of View has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 6, 2007: Eric R. Augustine, Esquire Keefer, Wood, Allen & Rahal, LLP 635 North 12th Street, 4th Floor Lemoyne, PA 17043 Attorneys for Petitioners Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorney for Respondents Bender Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorney for Respondents Hagen JOHNSON, DUFFIE, STEWART & WEIDNER By Eliza h D. Snover Attor ys for Defendants N ?.. u r..? -fi I .._} ' ;_) .:?__ ? C _ ?_y t .) _ ?.? ? { MAR 0 5 2007 LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 CIVIL TERM ORDER AND NOW, this 4k day of M , -l 6A04A , 2007, upon consideration of the Stipulation filed by the parties, it is hereby ORDERED that: 1. A board of view will be appointed in this matter. 2. Argument set for March 8, 2007 at 1:00 PM is cancelled. J. '4 LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 CIVIL TERM PETITION TO ISSUE ORDER TO THE HONORABLE JUDGE EDGAR B. BAYLEY: AND NOW, comes W. Andrew and Danielle M. Steele, Petitioners, through their attorneys, Keefer Wood Allen & Rahal, LLP, files the following: 1. Petitioners filed a Petition to Appoint a Board of View on January 10, 2007. 2. The original process was properly effectuated on all Respondents. 3. A Stipulation was filed in this matter on March 2, 2007, whereby all Respondents agreed that Petitioners' land is land-locked and a board of view appointment is, therefore, appropriate. 4. On March 6, 2007, a member of the Cumberland County Court signed an Order that a board of view will be appointed in this matter and that argument previously set for March 8, 2007, was cancelled. Respondents respectfully request that this Honorable Court issue an order appointing a board of view pursuant to the March 6, 2007 Order. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LP Dated. April 2007 By 6r2 Eric R. Aug ine Attorney I. . #78277 635 North 12th Street, Suite 400 Lemoyne, PA 17043 (717) 612-5803 (717) 612-5805 (fax) Attorneys for Petitioners CERTIFICATE OF SERVICE 1, Eric R. Augustine, Esquire, hereby certify that I have served the foregoing PETITION TO ISSUE ORDER, this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: David W. DeLuce, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Respondent J. Scott Trayer Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Robert C. Bender and Barbara A. Bender Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Gregory J. Hagen and Maria B. Hagen KEEFER WOOD ALLEN & RAHAL, LLP By Dated: April // , 2007 APR 16 2007 LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 CIVIL TERM ORDER AND NOW, this ! ! `"" da of , 2007, it is hereby ORDERED that a board of view is appointed in this matter. The board of view will be comprised of the following members: With t•(? C.l • - serving as chairperson of the board of view. J. a. vik C V SHERIFF'S RETURN - REGULAR CASE NO: 2007-00190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEELE W ANDREW ET AL VS TRAYER J SCOTT ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION TO APPOINT was served upon BENDER ROBERT C the DEFENDANT at 1926:00 HOURS, on the 17th day of January , 2007 at 577 S MOUNTAIN ESTATE ROAD SHIPPENSBURG, PA 17257 ROBERT C BENDER by handing to a true and attested copy of PETITION TO APPOINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 14.52 Affidavit .00 Surcharge 10.00 .00 3lb??D7 C ? 30.52 Sworn and Subscibed to before me this day So Answers: 00 R. Thomas Kline 03/01/2007 KEEFER WOOD ALLEN RAHAL By• .eputy Sher' f of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEELE W ANDREW ET AL VS TRAYER J SCOTT ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION TO APPOINT was served upon BENDER BARBARA A DEFENDANT the , at 1926:00 HOURS, on the 17th day of January , 2007 at 577 S MOUNTAIN ESTATE ROAD SHIPPENSBURG, PA 17257 by handing to ROBERT C BENDER, HUSBAND a true and attested copy of PETITION TO APPOINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 .,/o ? 16.00 Sworn and Subscibed to before me this day So Answers: f R. Thomas Kline 03/01/2007 KEEFER WOOD ALLEN RAHAL By: Deputy Sheri of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEELE W ANDREW ET AL VS TRAYER J SCOTT ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION TO APPOINT TRAYER J SCOTT DEFENDANT the , at 1426:00 HOURS, on the 19th day of January , 2007 at 60 SHELLBANK COURT CARLISLE, PA 17013 ROCHELLE TRAYER, WIFE was served upon by handing to a true and attested copy of PETITION TO APPOINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.28 Affidavit .00 Surcharge 10.00 .00 31,11b --r 33.28 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/01/2007 KEEFER WOOD ALL N RAHAL By ' Deputy Sheriff of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEELE W ANDREW ET AL VS TRAYER J SCOTT ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HAGEN GREGORY J but was unable to locate Him deputized the sheriff of DELAWARE in his bailiwick. He therefore serve the within PETITION TO APPOINT County, Pennsylvania, to On March 1st , 2007 , this office was in receipt of t attached return from DELAWARE Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Delaware Cc 39.10 Sheriff of Cumberland County Postage 4.20 68.30 ? 310-71'67 03/01/2007 KEEFER WOOD ALLEN RAHAL Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEELE W ANDREW ET AL VS TRAYER J SCOTT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HAGEN MARIA B but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DELAWARE serve the within PETITION TO APPOINT County, Pennsylvania, to On March 1st , 2007 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: So answer Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? 3 fa -71sT 03/01/2007 KEEFER WOOD ALLEN RAHAL Sworn and subscribe to before me this day of A. D. R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor of. Cumb`r OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 ?C RONNY R. ANDERSON Chief Deputy JODY S. SMITH' Real Estate Deputy i'(W TO: Hon. Joseph McGinn ' W. Andrew Steele et al Delaware County Sheriff VS J. Scott Trayer et al 07-190-civil Dear Sheriff: Enclosed please find Notice and Petition to Appoint Board of view in your County. Kindly make service thereof and send us your return of service. 144ni,9A, jt &,T/ o,c /4 07 hl Age,- i3 U-44 U ?d (-f>k-qartL? r lASeti J44.Sl440 -4r aIgt?IO7 Very truly yours, .? R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Swom to and wAncrillbed bebra no thiel-lMday i OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN E. McCUEN, Notary Public Media Boro.. Delaware County M Commission Expires April 7, 2010 In The Court of Common Pleas of Cumberland County, Penilsylvaaia W. Andrew Steele vs. J. Scott Trayer et al SERVE: Marie G. Hagen No. 07-190 civil Now, January 12, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 520 , at o'clock M. served the within upon by handing to a and made known to Sworn and subscribed before me this day of , 20 copy of the original the contents thereof. So answers, Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT.:,..... County, PA 4 ! .1 ! 4 In The Court of Common Pleas of Cumberland County, Pennsylvania W. Andrew Steele vs. J. Scott Trayer et al SERVE: Gregory J. Hagen No. 07-190 civil Now, January 12, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. //. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the the contents thereof. County, PA R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor I 4 . ' of Cunthert OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. Joseph McGinn Delaware County Sheriff Dear Sheriff: RONNY R. ANDERSON Chief Deputy I ?`I W. Andrew Steele et al RE:. vs J. Scott Trayer et al 07-190 civil ; Enclosed please find Notice and Petition to Appoint Board of view to be served upon in your County. Kindly make service thereof and send us your return of service. ?- a'1- ?-0tl-'I 10 ? . ' ei veO 6 ,ieaa/ j-. Mi??a ?.. /41- 5,410 Aodges s Enclosures: &mm to and subecrl thls?day of4 04w": "?'q a? Very truly , R. Thomas Kline, She/rill Cumberland County, Pennsylvania NOTARIAL SEAL KATHLEEN E. McCUEN, Notary Public Modle Boro.. Delaware County My Cne?mi.0ion Exoires ADHI 7, 2010 JODY S. SMITH Real Estate Deputy to ey SHERIFF OF DELAWARE COUNTY MEDIA, PENNSYLVANIA, 19063 JOSEPH F. McGINN PHONE (610) 891-4296 FACSIMILE (610) 891-1765 WILLIAM C. KELLY Sheriff Chief Deputy Invoice Number: SMITHJ-118547' Date Filed: Jan 25, 2007 Attorney: KEEPER WOOD ALLEN & RAHAL Court Term & No.: 0007-190 Plaintiff: STEELE Defendant: HAGEN Case Type: CIVIL -- Petition Comments: CUMBERLAND CO Special Instructions: Check No./Cash: 81089 Account Amount County Account $37.50 Mileage $8.60 Affidavits Account $10.00 Total $56.10 vR Johnson, Duffie, Stewart & Weidner By: David W. DeLuce, Esquire I. D. No. 41687 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Respondent J. Scott Trayer W. ANDREW STEELE and IN THE COURT OF COMMON PLEAS OF DANIELLE M. STEELE, CUMBERLAND COUNTY, PENNSYLVANIA Petitioners V. NO. 07-190 J. SCOTT TRAYER, ROBERT C. CIVIL ACTION - LAW BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents PETITION TO DISMISS BOARD OF VIEW OR, IN THE ALTERNATIVE, SET DEADLINES UPON THE PETITIONERS 1. The Steeles are the owners of a tract of land consisting of approximately 5.37 Acres which, to Respondent's knowledge, does not have an existing gravel or private road connecting the parcel to a public road. 2. Steeles filed a Petition to Appoint a Board of View on or about January 10, 2007, which Petition was served upon the Respondents and granted on or about March 6, 2007. 3. This Honorable Court issued an Order dated April 17, 2007 appointing William Duncan, Esq., James Sheya, and Fred Hefelfinger as the Board of View with William Duncan, Esquire as chairperson. 4. The Board of View scheduled the View of the subject properties for August 23, 2007, at which time the Steeles were not present and counsel for the Steeles did not present a survey detailing the proposed route for the Private Road across the Respondent's properties. 5. The Board of View advised that it would not conduct a View until a survey showing the proposed route and affected properties was submitted by the Steeles. 6. Counsel for all parties was present for the View. 7. Since August 23, 2007, the Steeles have failed to dutifully prosecute their Petition and have failed to supply the Board of View or the Respondents with a survey setting forth their proposed route as requested. 8. Your Petitioner herein, through his counsel, sent a letter to the Steeles' counsel on October 9, 2007 advising that unless action to prosecute this case was undertaken by the Steeles, this Petition would be filed. A copy of said letter is attached hereto as Exhibit A. 9. The Steeles have not submitted a survey to the Respondents or the Board of View. 10. Consequently, the Board of View has been unable to schedule a second attempt at a View of the subject properties and the disposition of this action is not forthcoming. 11. The Petition under the Private Road Act and Order appointing a Board of View has acted as a cloud on the title of the real property of Respondents, including J. Scott Trayer. 12. As such, J. Scott Trayer desires a speedy resolution of the Petition under the Private Road Act so that the status of his title and character of his land are settled. 13. The Honorable Judges Guido and Bayley have issued Orders in this matter in the past. 14. The contents of this Petition have been shared with Counsel for the parties: Counsel for Petitioners Steeles has not concurred in the Petition; Counsel for Respondents Bender has concurred in the Petition; and Counsel for Respondents Hagen has concurred in the Petition. WHEREFORE, J. Scott Trayer requests that this Honorable Court discontinue this action and dismiss the Petition for Appointment of Board of View under the Private Road Act for failure of the Steeles to timely prosecute or, in the alternative, enter an Order of Court setting deadlines upon the Steeles to file a survey with proposed route with the Board of View or face dismissal of their Petition. JOHNSON, DUFFIE, STEWART & WEIDNER B David W. De`Luce, Esquire Elizabeth D. Snover, Esquire Attorneys for J. Scott Trayer Date: 1? 3 © 7 VERIFICATION I, David W. DeLuce, as attorney of record for Petitioner J. Scott Trayer, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. ( w4wdzr?-- - - ida4id W. D Luce DATE: l /07- C'- Y, ?:,? -I -? JERRY R. DUFFIE RICHhRD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY JO DHNUFFOIE October 9, 2007 Eric Augustine, Esquire Keefer, Wood, Allen & Rahal, LLP 635 North 12th Street, Suite 400 Lemoyne, PA 17043 Re: Steele v. Trayer, et al. Dear Eric: MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) S .;11-1.: 7i '0M The parties met with the Board of View at the property on August 23, 2007. It was apparent at that time that your clients had not performed a survey and were not prepared to present sufficient evidence to the Board of View to review their claims. After we walked the properties and discussed the alternative access through Cabin Lane, you indicated you would review the issues with your client and advise if they were going to undertake a survey, and which method of access they were going to pursue. I contacted you on October 1, 2007 to get a status update since we have heard nothing from you and nothing has been issued by the members of the Board of View. Keep in mind that the Board of View terminated their view on August 23, 2007 when no survey was presented and indicated the record was incomplete at the time for your client to move forward. This suit was filed by your clients on January 10, 2007. Since then, this case presents a cloud on my client's title to the property. Shortly after the suit was filed, my client indicated that he was willing to meet with your client to discuss a possible resolution, but your client cancelled a proposed meeting. I also indicated to you that my client would entertain a reasonable discussion for him to purchase your client's property. You indicated to me in our phone conversation on October 1, 2007 that your client was looking for $45,000 per acre. My client has no interest in purchasing the property at that amount as we think it is very overpriced. I also indicated that there are title insurance issues as well as utility access problems for this property to be useable. This is to notify you that unless there is some positive movement in proceeding with this litigation in the next thirty (30) days, we will file a Motion seeking dismissal due to the inactivity and 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Eric Augustine, Esquire October 9, 2007 Page 2 the fact that your clients were not prepared for the meeting with the Board of View. My client and I are available for further discussions if you wish to discuss any of the items raised in this letter. Very truly yours, aNSON,,lE ST ART & WEIDNER aDWD:bf:311804 cc J. Scott Trayer CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition has been duly served upon the following, by depositing t?he/ same' i/n the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on A10 V60 ? Z O , 2007: Eric R. Augustine, Esquire Keefer, Wood, Allen & Rahal, LLP 635 North 12th Street, 4th Floor Lemoyne, PA 17043 Attorneys for Petitioners Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorney for Respondents Bender Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorney for Respondents Hagen )NER Q ` ZF- C) C ct? C) C - ' ; g o m LAYING OUT AND OPENING OF CUMBERLAND COUNTY, A PRIVATE ROAD - over property located in civil Action Shippensburg, Cumberland County CIVIL TERM W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents JOINDER PENNSYLVANIA No. 07-1.9- ? 190 Respondents Robert C. Bender and Barbara A. Bender, husband and wife, join in the attached Petition of J. Scott Trayer To Dismiss The Board Of View Or, In The Alternative, To Set Deadlines Upon The Petitioners. ale F. Shughar r. Attorney I.D. 19 3 10 West High Street Carlisle, PA 17013 (717) 241-4311 Attorney for Respondents Robert C. and Barbara A. Bender C c= v ml CD n-J. F t1 _ n -o _zj Qrn r,3 c.n Nov 162007'd W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-190 J. SCOTT TRAYER, ROBERT C. CIVIL ACTION - LAW BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RULE TO SHOW CAUSE AND NOW, this - day of V tJ 2007, upon consideration of the 4 ----?A foregoing Petition, it is hereby ordered that: (1) a Rule is issued upon the Petitioners W. Andrew Steele and Danielle M. Steele to show cause why the Respondent Trayer is not entitled to the relief requested; (2) the Petitioners Steele shall file an answer to the petition within IS- da s of`this- date; zujK (Z,t&4 OWIK S ( "gyp tr?c?ti?y -- -•••- ---Vj e J. a r? ? >- Lr) • . ' T.•.? ...:.J? d? CJ N LU CD S-1 CL. i?- ? V RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 CIVIL TERM PETITIONERS' ANSWER IN OPPOSITION TO RESPONDENTS' PETITION TO DISMISS BOARD OF VIEW I • Admitted. 2. Admitted. 3. Admitted. 4. Admitted with clarification. While a survey of the proposed route for the private road across Respondents' properties was presented, it was, as Respondent has noted, not a detailed survey specifically delineating the exact location of the road. 5. Admitted. 6. Admitted. 7. It is denied that the Steeles have failed to dutifully prosecute their Petition in that the Steeles have made good faith efforts to resolve this matter through various alternatives to litigation. It is admitted that the Steeles have at this time not provided the Board of View with a survey setting forth the specific location of the proposed route. 8. Admitted. 9. Admitted. By way of further answer, Petitioners are currently attempting to gain permission to enter the land of Respondent for purposes of survey so as to schedule an opportunity for Delvin Zullinger to survey the proposed road. 10. Admitted. 11. Neither admitted or denied. 12. Neither admitted or denied. 13. Admitted. 14. Admitted. WHEREFORE, Petitioners' request this Honorable Court to deny the Petition of J. Scott Trayer requesting the Motion be discontinued. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LP Dated: December 2007 By Eric R. Augus 'ne Attorney I.D. #78277 635 North 12`h Street, Suite 400 Lemoyne, PA 17043 (717) 612-5803 (717) 612-5805 (fax) Attorneys for Petitioners 2 CERTIFICATE OF SERVICE I, Eric R. Augustine, Esquire, hereby certify that I have served the foregoing PETITIONERS' ANSWER IN OPPOSITION TO RESPONDENTS' PETITION TO DISMISS BOARD OF VIEW, this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: David W. DeLuce, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Respondent J. Scott Trayer Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Robert C. Bender and Barbara A. Bender Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Gregory J. Hagen and Maria B. Hagen KEEFER WOOD ALLEN & RAHAL, LLP By Z, ?Z,6 - Eric R. Augusti Dated: December `1 , 2007 ?.} f. '. } ..,.. ,1 . ? -? _. --a -,-- t eA 11 ---? r..? l..C -, W. ANDREW STEELE and IN THE COURT OF COMMON PLEAS OF DANIELLE M. STEELE, CUMBERLAND COUNTY, PENNSYLVANIA PETITIONERS V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and : MARIA B. HAGEN, RESPONDENTS 07-0190 CIVIL TERM ORDER OF COURT AND NOW, this 10 day of December, 2007, following a review of the petition to dismiss and the answer filed to the Rule to show cause, the petition IS DENIED. Petitioners shall forthwith have the required survey completed. j..?c R. Augustine, Esquire For Petitioners ?vid W. DeLuce, Esquire For J. Scott Trayer :sal J Edgar B. Bayley; I 3 F rl) ?r IN RE. LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action No. 07-190 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE TO: Curt Long, Prothonotary Please enter the appearance of John A. Feichtel on behalf of Petitioners in the above-referenced matter. KEEFER WOOD ALLEN & RAHAL, LLP Dated: December, 2008 Z ohn A. c tel Attorney I.D. #77426 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8005 Attorneys for Petitioners CERTIFICATE OF SERVICE I, John A. Feichtel, Esquire, hereby certify that I have served the foregoing Praecipe for Entry of Appearance this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: David W. DeLuce, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Respondent J. Scott Trayer Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Robert C. Bender and Barbara A. Bender Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Gregory J. Hagen and Maria B. Hagen KEEFER WOOD ALLEN & RAHAL, LLP By / A. Feichtel Dated: December 2008 -2- [Y ' '? ) _ w'- c ._ `ri _ _? c:::? " ? _ ?_a ,, r;. c? W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-190 : CIVIL ACTION - LAW JOINT PETITION TO REQUIRE JOINDER OF ADDITIONAL PARTIES AND NOW come the petitioners, Dr. J. Scott Trayer, by his attorneys Johnson, Duffle, Stewart & Weidner and Gregory J. Hagen and Maria Hagen by their attorneys Wolf & Wolf, Attorneys at Law, and present this Joint Petition to Require Joinder of Additional Parties to this Private Road Action representing as follows: 1. The Steeles are the owners of a tract of land consisting of approximately 5.37 Acres which does not have an existing gravel or private road connecting the parcel to a public road. 2. It is believed and therefore averred that the Steeles knew that the property was landlocked when it was purchased. 3. There are no dwelling places or structures known to be on the Steele's tract. 4. The Steeles filed a Petition for Appointment of a Board of View on January 5, 2007 to determine whether a private road is necessary for access to their property pursuant to the Private Road Act of 1836, 36 P.S. §2731 et seq. 5. After the Respondents were served and filed answers to the Petition conceding that there was no way to prevent the appointment of the Board of View, the Court entered an Order dated April 17, 2007 appointing a Board of View consisting of: William A. Duncan, Esq.; Mr. James Sheya; and Mr. Fred Hefelfinger. Order dated April 17, 2007 appointing a Board of View consisting of: William A. Duncan, Esq.; Mr. James Sheya; and Mr. Fred Hefelfinger. 6. However, Dr, Trayer in his answer to the Petition for Appointment raised the issue that the route proposed by the Steeles was illogical and that a better route existed through the extension of Cabin Lane to the Steele's property. Dr. Trayer alleged as follows: However, the Respondent would like to place facts on the record to support his contention that the Board of View should find that a more convenient and logical route should be explored from existing and nearby Cabin Lane through the lands owned by William E. Ferris and Kerry E. Ferris (not party to this action) and Bruce K. Rotz and Patsy A. Rotz (not party to this action) and to give the Petitioner's access to their property. (Answer of Trayer, 16). 7. Counsel for both Dr. Trayer and the Hagens had many conversations with counsel for the Steeles regarding this alternate route. 8. This alternate route was also discussed at the first attempted View of the properties on August 23, 2007 between counsel for the Hagens, Dr. Trayer, and the Steeles. 9. This alternate route was also brought to the attention of the Chairman of the Board of View, William A. Duncan Esquire, who indicated at that time that those individuals located along Cabin Lane (the alternate route) would need to be joined to this action and provided Notice of the View, and an opportunity to respond or object, in order for the Board to explore that alternate route. 10. After the attempted View on August 23, 2007, there was little activity on this matter while the Steeles were in the process of retaining a surveyor to lay out their proposed route. 11. A survey was provided to counsel for the Respondents by counsel for the Steeles during the summer of 2008. 12. Until said survey was provided, neither Dr. Trayer, nor the Hagens could reliably ascertain the precise location of the proposed route. 13. However, a View of the property with the benefit of a surveyed route has yet not been conducted, though one is scheduled for February 10, 2009. 14. Before the View is conducted, it is submitted that those parties along the Cabin Lane route must be joined to this action by the Steeles, in order for the Board of View to render a full and complete decision in this matter, so that the'Board may, at the very least, be permitted to consider alternatives to the route proposed by the Steeles. 15. Since Dr. Trayer and other Respondents have raised the proposed alternate route along Cabin Lane, it is incumbent upon the Steeles to add those property owners along this route to their Private Road Action for a full View to be conducted of the surrounding properties. 16. Cabin Lane is a private road accessed by many properties both vacant and occupied by dwellings. 17. Because the private road exists as an improved roadway and because it is used by many property owners on a routine basis, any additional use generated by the Steeles would have a minimal impact compared to the current situation. 18. By contrast, the development of the route currently proposed by the Steeles would bi-sect Dr. Trayer's property and enter onto the property of the Hagens would otherwise remain undisturbed woodland, providing a buffer between the property of the Hagens and the property of the Steeles. 19. Those individuals along Cabin Lane who should be joined to this Action by the Steeles so that the Board of View and explore this alternate route are: a. Richard E. and Kimberly N. Bard (Tax Parcel I.D. 39-14-0165-001 E) 221 Walnut Dale Road Shippensburg, PA 17257 b. Kevin G. Young (Tax Parcel I.D. 39-14-0165-028) 227 Walnut Dale Road Shippensburg, PA 17257 c. Stanley E. and Georgiana R. Rickrode (Tax Parcel I.D. 39-14-0165-29A) 8 Cabin Lane Shippensburg, PA 17257 d. George P. Stojkovich, Jr. (Tax Parcel I.D. 39-14-0165-0298) 10 Cabin Lane Shippensburg, PA 17257 e. Catherine M. Williams (Tax Parcel I.D. 39-14-0165-033A) (for 20 Cabin Lane) 6 Gilbert Road Shippensburg, PA 17257 f. Bruce K. and Patsy A. Rotz (Tax Parcel I.D. 39-14-0165-033) (for 40 Cabin Lane) 457 Airport Road Shippensburg, PA 17257 g. William E. and Kerri E. Ferris (Tax Parcel I.D. 39-14-0165-034) (Cabin Lane - no number, vacant land) 51 Chestnut Grove Road Shippensburg, PA 17257 20. Since the Private Road Act is silent with regard to the procedure for joinder, It is the position of the Hagens and Dr. Trayer that it is incumbent upon the original Petitioners, the Steeles, to be sure that all parties are joined prior to the View to permit the Board to access and View these properties. 21. It is believed that the above is an accurate list of those individuals along Cabin Lane, a private road, whose properties should be viewed for the alternate route. 22. The prior judge in this action is Judge Edgar B. Bayley. WHEREFORE, Dr. J. Scott Trayer and Gregory J. Hagen and Maria Hagen, Respondents to the Private Road Action, jointly request that this Honorable Court order the following: a. The Steeles must effectuate a joinder of those parties along Cabin Lane, the proposed alternate route of the Respondents, so that the Board of View and enter upon their properties during the View; b. Issue a Rule to Show Cause upon those property owners along Cabin Lane to show cause why they should not be joined in this Action; C. Direct the Steeles to serve the Rule to Show Cause; , d. If necessary, hold a hearing on the Joinder Petition is issues of material fact are raised by the Joinder parties in answering the Rule to Show Cause; e. That the View of the properties shall be delayed until such time as all necessary parties along the alternative route (Cabin Lane) are joined to this Private Road Action; and, f. Any additional relief the court may deem appropriate and just. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: "WF By: David W. D uce Elizabeth nover Attorneys for Respondent Trayer Date: 4M Respectfully submitted, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition to Require Joinder of Additional Parties has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Carlisle, Pennsylvania, on January 2009: John A. Feichtel, Esquire Keefer, Wood, Allen & Rahal, LLP 635 North 12th Street, 4"' Floor Lemoyne, PA 17043 Attorneys for Petitioners Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorney for Respondents Bender David W. Deluce, Esquire Elizabeth D. Snover, Esquire Johnson Duffie Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Respondent Trayer WOLF & Nathan C. olf, quft, Counsel r spondents Hagen ra I-T ? . t>w fr ?y v i JAN 14 2009 W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-190 : CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW this day of , 2009, upon consideration of the instant Petition filed by Dr. J. Scott Trayer, and Gregory J. Hagen and Maria B. Hagen a rule is issued upon the respondents, W. Andrew Steele and Danielle M. Steele, to show cause why the relief requested herein should not be granted. Pending the resolution of the instant motion, the View scheduled for February 10, 2009 at 9:00 a.m. is cater celled. ?- j Rule returnable within r1 days . Dis bution: /A. Feichtel, Esquire For the Steeles ale F. Shughart, Jr., Esquire For Respondent Bender /avid W. Deluce, Esquire abeth D. Snover, Esquire For Respondent Trayer athan C. Wolf, Esquire For Respondent Hagen ?illiam A. Duncan, Esquire For the Board of View A 00 0 O tv rr, tc.. cam-. I IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 Civil Term RESPONSE TO JOINT PETITION TO REQUIRE JOINDER OF ADDITIONAL PARTIES AND NOW, come W. Andrew and Danielle M. Steele (hereinafter, the "Steeles"), Petitioners in the underlying matter, by and through their attorneys, Keefer Wood Allen & Rahal, LLP, and file this Response to Joint Petition To Require Joinder of Additional Parties to this Private Road Action, averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. Specifically, it is admitted only that Dr. Trayer proposed an alternative route in his answer to the Petition for Appointment. It is denied that the route proposed by the Steeles is illogical and that a better route exists, and therefore those allegations and implications are denied. f 7. Admitted. 8. Admitted. 9. Admitted. By way of further response, upon information and belief, it is averred that the Chairman of the Board of View, William A. Duncan, Esquire, (hereinafter, "Chairman Duncan") directed that Respondents should join those individuals who own property located along the Respondents' proposed alternate route. 10. Admitted in Part, Denied in Part. Specifically, it is admitted only that the Steeles hired a surveyor at the direction of Chairman Duncan to lay out the proposed route after the attempted View on August 23, 2007. It is denied that there was "little activity" on this matter after the attempted View on August 23, 2007. By way of further response, counsel for the Steeles had many conversations with counsel for the Respondents regarding the alternate route and attempted to negotiate an agreement to settle this matter with the Respondents during the period of time when the survey was being prepared. 11. Admitted. 12. Denied. After reasonable investigation, the Steeles are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied and strict proof thereof is demanded. By way of further response, the surveyor's drawing tendered by the Steeles accurately depicted the proposed location of the road across the property of Dr. Trayer and the Hagens sufficiently enough to determine its location without the survey. 13. Admitted. By way of further response, the View scheduled for February 10, 2009 was cancelled by this Honorable Court pending resolution of the instant Joint Petition to Require Joinder of Additional Parties. -2- r 14. Denied. The allegations contained in paragraph 14 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, they are denied and strict proof thereof is demanded. By way of further answer, the Private Road Act does not require a Board of View to consider alternatives to the route proposed by the Steeles. The Private Road Act states, in pertinent part, "The several courts of quarter sessions shall, in open court as aforesaid, upon the petition of one or more persons, ...for a road from their respective lands or leaseholds to a highway or place of necessary public resort, or to any private way leading to a highway ... direct a view to be had of the place where such road is requested, and a report thereof to be made ...." 36 P.S. § 2731 (emphisis added). The Steeles requested the View be conducted upon the route set forth in their Petition to Appoint Board of View, and this Court directed that a View be had of the place where the Steeles requested a private road. 15. Denied. The allegations contained in paragraph 15 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, they are denied and strict proof thereof is demanded. By way of further answer, the response to paragraph 14 above is incorporated herein by reference as if set forth in full. 16. Denied. After reasonable investigation, the Steeles are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied and strict proof thereof is demanded. 17. Denied. After reasonable investigation, the Steeles are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied and strict proof thereof is demanded. -3- 18. Denied. After reasonable investigation, the Steeles are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied and strict proof thereof is demanded. 19. Denied. The allegations contained in paragraph 19 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, they are denied and strict proof thereof is demanded. By way of further answer, a Petition for Appointment of Viewers is not an action to which a party maybe joined. See Rissmiller v. Commonwealth, 57 Pa. D. & C. 2d 404, 405-406 (Bucks Co. 1972) ("We do not find that the filing of a petition for the appointment of viewers results in the initiation of any action or proceeding in law or equity. ... we see no reason why Pa.R.C.P. 2252 [Right to Join Additional Defendants] should or could be applied in proceedings before the board of view."). 20. Denied. The allegations contained in paragraph 19 constitute mere conclusions of law to which no response is required. To the extent a response is deemed necessary, they are denied and strict proof thereof is demanded. By way of further answer, the response to paragraph 19 above is incorporated herein by reference as if set forth in full. 21. Denied. After reasonable investigation, the Steeles are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied and strict proof thereof is demanded. 22. Admitted. WHEREFORE, W. Andrew and Danielle M. Steele, hereby respectfully request this Honorable Court dismiss the Joint Petition to Require Joinder of Additional Parties and to enter -4- the attached Order that directs the Board of View to schedule a date and time to view the land as requested in the Petition to Appoint Board of View. Dated: February _, 2009 Carol L. Verish Attorney I.D. #91284 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8005 Attorneys for Petitioners -5- KEEFER WOOD ALLEN & RAHAL, LLP FEB-09-2009 01:40 PM MEMBERS 1ST FCU 7177955176 1, W. ANDREW STEELE, hereby certify that the facts in the foregoing Complaint we true and correct to the best of my knowledge, information and belief, and Anther state that false statements herein are made subject to the penalties of 18 PLC.S. ' 4904 relating to wanvorn falsiftAtion to authorities. Date: Fobruary? 2009 -L? - W. REW STEELE P. 01/01 CERTIFICATE OF SERVICE I, John A. Feichtel, Esquire, hereby certify that I have served the foregoing Response to Joint Petition to Require Joinder of Additional Parties this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: David W. DeLuce, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Respondent J. Scott Trayer Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Robert C. Bender and Barbara A. Bender Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Gregory J. Hagen and Maria B. Hagen Dated: February 2009 KEEFER WOOD ALLEN & RAHAL, LLP B C? I A. eic -6- C'3 'gt .? _ '? <::: _ ? ?! .? ?,y W. ANDREW STEELE and IN THE COURT OF COMMON PLEAS OF DANIELLE M. STEELE, CUMBERLAND COUNTY, PENNSYLVANIA PETITIONERS V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, RESPONDENTS 07-0190 CIVIL TERM ORDER OF COURT AND NOW, this I I a day of February, 2009, following a review of the petition to require joinder of additional parties and the answer filed thereto, IT IS ORDERED that the following parties shall be joined as additional defendants: (a) Richard E. and Kimberly N 221 Walnut Dale Road Shippensburg, PA 17257 Bard (Tax Parcel 1. D. 39-14-0165-001 E) (b) Kevin G. Young (Tax Parcel I.D. 39-14-0165-028) 227 Walnut Dale Road Shippensburg, PA 17257 (c) Stanley E. and Georgiana R. Rickrode (Tax Parcel I.D. 39-14-0165-29A) 8 Cabin Lane Shippensburg, PA 17257 (d) George P. Stojkovich, Jr. 10 Cabin Lane Shippensburg, PA 17257 (Tax Parcel I.D. 39-14-0165-0298) (e) Catherine M. Williams (Tax Parcel I.D. 39-14-0165-033A) (for 20 Cabin Lane) 6 Gilbert Road Shippensburg, PA 17257 (f) Bruce K. and Patsy A. Rotz (Tax Parcel I.D. 39-14-0165-033) (for 40 Cabin Lane) 457 Airport Road Shippensburg, PA 17257 (g) William E. and Kerri E. Ferris (Tax Parcel I.D. 39-14-0165-034) (Cabin Lane - no number, vacant land) 51 Chestnut Grove Road Shippensburg, PA 17257 Ao'hn A. Feichtel, Esquire For Petitioners avid W. DeLuce, Esquire For Elizabeth D. Snover and J. Scott Trayer athan C. Wolf, Esquire For Gregory J. Hagen and Maria B. Hagen ale F. Shughart, Jr., Esquire For Robert C. Bender and Barbara A. Bender illiam A. Duncan, Esquire For the Board of View :sal us Lj '.. ; . u:. LL? 1 cl- ti- a? C= t..7 IN RE: IN THE COURT OF COMMON PLEAS LAYING O T AND OPENING OF CUMBERLAND COUNTY, PENNSYLVANIA A PRIVAT ROAD over proper y located in Shippensburg, Civil Action No. 07-190 Civil Term Cumberland County W. ANDREW STEELE and DANIELLE, M. STEELE, Petitioners J. SCOTT RAYER, ROBERT C. BENDER arid BARBARA A. BENDER, GREGORY J. HAGEN and MARUL B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E. RICKROD and GEORGIANA R. RICKROD , GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY A. ROTZ, and WELLIkM E. FERRIS and KERRI E. FERRIS, Additional Respondents AMENDED PETITION TO APPOINT BOARD OF VIEW NOW come W. ANDREW and DANIELLE M. STEELE, Petitioners, through their attorn?ys, Keefer Wood Allen & Rahal, LLP, and file the following Amended Petition pursuant to? 36 P.S. §§ 2731-2763, and state: 1. I Petitioners are adult individuals with a mailing address of 17 Kower Court, Pennsylvania 17055. 2. ' Petitioners are the record owners of real property located in Shippensburg, Cumberland County, Pennsylvania, as is more fully set forth in the descriptions contained in the deed from k. W. Steele and Ethel E. Steele to W. Andrew Steele and Danielle M. Steele, Petitioners,', dated November 13, 2003 and recorded in the Office of the Recorder of Deeds in County in Deed Book 260, page 2778, and attached hereto as Exhibit "A." 3. Respondent J. Scott Trayer, with a mailing address of 60 Shellbank Court, Carlisle, P* 17013, is the record owner of two parcels of land in Southampton Township, Tax Parcel Nos 39-14-0165-027 (Trayer Tract 1) and 39-14-0165-040 (Trayer Tract 2), as is more fully set fo? h in a description of a deed from William Ripley Ballou, Jr. and Ruth W. Ballou to J. Scott Troyer, dated April 24, 2006, and recorded in the Office of the Recorder of Deeds of County in Deed Book 274, page 1178. See Exhibit "B" attached. 4. Respondents Gregory J. Hagen and Maria G. Hagen, with a mailing address of 11 Tall Tr?e Circle, Broomall, PA 19008, are the record owners of a parcel of land in Township, Tax Parcel No. 39-14-0167-009 (Hagen Tract), as is more fully set forth in a description of a deed from Richard W. Strayer to Gregory J. Hagen and Maria B. Hagen, dated May 24, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 139, page 1055. See Exhibit "C" attached. 5. Respondents Robert C. Bender and Barbara A. Bender, with a mailing address of 577 S. Mo? ntain Estate Road, Shippensburg, PA 17257, are the record owners of two parcels of land in Southampton Township, Tax Parcel Nos. 39-13-0104-068 and 39-13-0104-069 (Bender Tract). Ta? Parcel No. 39-13-0104-068 is more fully set forth in a description of a deed from C. Leon N6f and Mildred E. Nehf to Robert C. Bender and Barbara A. Bender, dated June 27, 1960, and ?ecorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 19, gage 239. Tax Parcel No. 39-13-0104-068 is more fully set forth in a description of a deed from Barbara Ann Bender to Robert C. Bender and Barbara A. Bender, dated February 4, -2- 2004, and ?ecorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 262, page 4664. See Exhibit "D" attached. 6. I Petitioners filed the original Petition in this matter to open a private road across lands descr?bed above of Respondents, J. Scott Trayer, Robert C. Bender and Barbara A. Bender, and Gregor J. Hagen and Maria B. Hagen as the shortest and most practical route to Petitioners' property. See Exhibit "E" attached. A Board of View was convened on April 17, 2007, to assess Petitioners' request to open a private road on Respondents' properties. 7. i The Respondents asserted that another private road, Cabin Lane, already existed leading to the closest public road from Petitioners' land, and although it is Petitioners' assertion that this road is longer and more impractical, the Respondents believe this road should be considered for access to Petitioners' land. 8. The private road, Cabin Lane, lies across lands of the Additional Respondents, Richard E. Bard and Kimberly N. Bard, Kevin G. Young, Stanley E. Rickrode and Georgiana R. Rickrode, George P. Stojkovich, Jr., Catherine M. Williams, Bruce K. Rotz and Patsy A. Rotz, and William E. Ferris and Kerri E. Ferris, from a public road to the land of William and Kerri Ferris, adja4ent land owners of the Petitioners. 9. By Order of Court, dated February 17, 2009, the Honorable Edgar B. Bayley required thel joinder of Additional Respondents as parties. See Exhibit "F" attached. 10. Additional Respondents Richard E. Bard and Kimberly N. Bard, with a mailing address of 2 1 Walnut Dale Road, Shippensburg, PA 17257, are the record owners of a parcel of land in Southampton Township, Tax Parcel No. 39-14-0165-001E, as is more fully set forth in a deed from Kimberly M. Bard, f/k/a Kimberly M. Reed, to Richard E. Bard and Kimberly N. -3- Bard dated! April 30, 2007, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 279, page 3866. See Exhibit "G" attached. 11. Additional Respondent Kevin G. Young, with a mailing address of 227 Walnut Dale Road Shippensburg, PA 17257, is the record owner of a parcel of land in Southampton Township, Tax Parcel No. 39-14-0165-028, as is more fully set forth in a deed from Dennis E. and Artha Hockenberry, f/k/a Artha Bachman, to Kevin G. Young dated February 1 ?, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 239, page 668. See Exhibit "H" attached. 12. Additional Respondents Stanley E. Rickrode and Georgiana R. Rickrode, with a mailing address of 8 Cabin Lane, Shippensburg, PA 17257, are the record owners of a parcel of land in Southampton Township, Tax Parcel No. 39-14-0165-029A, as is more fully set forth in a deed from #arold Lee Bechtel to Stanley E. Rickrode and Georgiana R. Rickrode dated November ?, 1976, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 26-W, page 479. See Exhibit "I" attached. 13. Additional Respondent George P. Stojkovich, Jr., with a mailing address of 10 Cabin L e, Shippensburg, PA 17257, is the record owner of parcels of land in Southampton Township, ax Parcel Nos. 39-14-0165-029 and 39-14-0165-029B and as more fully set forth in a corrective deed from George P. Stojkovich, Jr. and Stanley E. Rickrode to George P. Stojkovich, Jr., dated December 19, 2005, and recorded in the Office of the Recorder of Deeds of County in Deed Book 272, page 1929 and in a corrective deed from George P. Stojkovich, ?Jr. to George P. Stojkovich, dated April 20, 2005, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 272, page 1935. See Exhibit "J" attached. -4- 14. Additional Respondent Catherine M. Williams, with a mailing address of 6 Gilbert Road, Shippensburg, PA 17257, is the record owner of a parcel of land in Southampton Township,] Tax Parcel No. 39-14-0165-033A, as is more fully set forth in a deed from Dauphin Deposit B*nk and Trust Company to Catherine M. Williams, dated August 28, 1991, and recorded i* the Office of the Recorder of Deeds of Cumberland County in Deed Book 35-H, page 44. See Exhibit "K" attached. 15.I Additional Respondents Bruce K. Rotz and Patsy A. Rotz, with a mailing address of 457 Airport Road, Shippensburg, PA 17257, are the record owners of a parcel of land in Township, Tax Parcel No. 39-14-0165-033, as is more fully set forth in a deed from William Cain, a/k/a William E. Cain, to Bruce K. Rotz and Patsy A. Rotz dated July 1, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 532,1page 3975. See Exhibit "L" attached. 16.I Additional Respondents William E. Ferris and Kerri E. Ferris, with a mailing address of 151 Chestnut Grove Road, Shippensburg, PA 17257, are the record owners of a parcel of land in Southampton Township, Tax Parcel No. 39-14-0165-034, as is more fully set forth in a deed from Thomas Smyth to William E. Ferris and Kern E. Ferris dated August 31, 1972, and recorded i* the Office of the Recorder of Deeds of Cumberland County in Deed Book 24-U, page 153. See Exhibit "M" attached. 17.1 Petitioners' property is land-locked, and Petitioners have neither a private nor a public acc?ss road to Petitioners' tract of land. 18.1 The shortest and most practical route from Petitioners' land to a public road is across the and of Respondents, J. Scott Trayer, Robert C. Bender and Barbara A. Bender, and Gregory J. Hagen and Maria B. Hagen. -5- 19. Alternatively, another route would be across the private road, known as Cabin Lane, which crosses the land of Additional Respondents, Richard E. Bard and Kimberly N. Bard, Kevin G. Catherine Ferris. Sep 20. private roa Petitioners Wl Board of V road leadir County, Pe party may 1 oung, Stanley E. Rickrode and Georgiana R. Rickrode, George P. Stojkovich, Jr., Williams, Bruce K. Rotz and Patsy A. Rotz, and William E. Ferris and Kern E. Exhibit "N" attached. The opening of a private road across either the Respondents' land or the use of the known as Cabin Lane, across the land of the Additional Respondents for use by necessary for Petitioners to have access to their land from a public road. Petitioners respectfully request that this Honorable Court direct the to schedule a view of the proposed routes at its convenience to lay out a private from Petitioners' real property located in Southampton Township, Cumberland to the nearest public road, and to assess the damages, if any, to which any entitled. Respectfully submitted, Dated: KEEFER WOOD ALLEN & RAHAL, LLP 72 Al 7-D , 2009 By - A. Feic t ttorney I.D. #77426 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8005 (717) 255-8050 (fax) Attorneys for Petitioners -6- YEKICATION I, W. 4NDREW STEELE, one of the Petitioners, hereby cer* that the facts in the foregoing Am*ed Petition to Appoint Board of View, are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penaltie? of IS Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 5 ? - a ooh W . ()1'44UJ-J W. AND .W STEELE CERTIFICATE OF SERVICE I, J?hn A. Feichtel, Esquire, hereby certify that I have served the foregoing Amended Petition to Appoint Board of View, this date by depositing a true and correct copy of the same in the United Ptates mail, first-class postage prepaid, addressed as follows: William A. Duncan, Esquire, Chairman Board of View Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 David W. DeLuce, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Respondent J. Scott Trayer Dale F. Shughart, Jr., Esquire 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Robert C. Bender and Barbara A. Bender Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Attorneys for Respondents Gregory J. Hagen and Maria B. Hagen Richard E. Bard and Kimberly N. Bard 221 Walnut Dale Road Shippensburg, PA 17257 Kevin G. Young 227 Walnut Dale Road Shippensburg, PA 17257 Stanley E. Rickrode and Georgiana R. Rickrode 8 Cabin Lane Shippensburg, PA 17257 George P. Stojkovich, Jr. 10 Cabin Lane Shippensburg, PA 17257 Catherine M. Williams c/o Candy M. Coldsmith 6 Gilbert Road Shippensburg, PA 17257 Bruce K. Rotz and Patsy A. Rotz 457 Airport Road Shippensburg, PA 17257 H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Attorney for Additional Respondents William E. Ferris and Kern E. Ferris KEEFER WOOD ALLEN & RAHAL, LLP B ohn A. Feicht Dated: I%/(A, LU .2009 JRN-3-2007 11:37 FROM:CUMBERLRND ' q;k 5d "IV TO:18667327243 Tax Parcel No. 39-14-0165-025 TIT DEEM, MADE 13th day of November, in the year of our Lord two thousand three (2003). R, W. STEELE and F-MEL E. 91U LE, husband and wife Grantors, r Lr? aM4 WELLZAM A. STEELE and DAN ELLS M. STEELE, husband and wife Grantees. WITNESS TH, that in consideration of ONE AND 00/100- - - - - ($1.00) DOLLAR, in hand paid, the r eipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns, ALL THAT CERTAIN piece or parcel of land situate in Southampton Township, Cumberland County, Pennsylvania, as set forth on a survey as prepared by Cwftan & Zellinger Surveying, ?c. on October 14, 2003, and more particularly described as follows: jazlo NiNiNu at a point marked by an iron pin at the common comer cif lands uc)w or formerly of Gregory J. Hagen and lauds of William E. Perris; thence along land now or formerly of William, E Ferris, South 58 degrees 08 minutes 45 seconds East, a distance of 706.78 feet to a point mark by an iron pin; thence along other lands now or formerly of William E. Ferris, South 27 deg 02 minutes 25 seconds West, a distance of 330.00 feet to a point marked by an iron pin; thence along land now or formerly of P. Rexrode, North 57 degrees 52 minutes 26 seconds Wes a distance of 720.77 feet to a point marked by an iron pin; thence along land now or formerly of Lewis K. Mitten, North 28 degrees 45 minutes 05 seconds East, a distance of 147,86 feet a point; thence along land now or formerly of Gregory J, Hagen, North 30 degrees 01 miAnte 01 second East, a distance of 1.77.86 feet to the point and place of BEGINNING. CO i}AIN1NG 5.3661 acres more or less. BEING the same pzernises which the Tax Claim Bureau of Cumberland County, by its dcod dated February 22, 1972 and recorded in. Cumberland County Deed Book N Volume 24 1M." 260 I r:l r22'78 JAN-3-2007 11:37 FROM:CUMBERLRND r , TO:18667327243 Wage r489 s herein. and conveyed unto R. W, Steele, who joined by his wife Czarttor, Ethel E. Steele are TES "UANSACITON LS WHOLLY MUM" FR0Jv1 TR.A„'rtSnR A CONV TAX BECAUSE IT 1S YANCE FROM FATHER AND MOTBER TO SON AND HIS W M. Me said gramors hereby covenant and agree that they will warrant specially the property hereby conveyed, IN WITNESS YVII.EREOr,, said grantor has hereunto set leis hand and seal the day and year first a ove written. 4YRM4 avkcaid rktrtred in * PM-W, Of R- W. STEELE ET13EL E. STEELS ?i m w '%t "? rn r GO co 6 oon 260 ?Acc22-7',9 JAN-3-2007 11:37 FROM:CUMBERLRND T0:18667327243 c. Cor monwealth of pennsylvania } CU ty of CuMberland Can this, the Ag day of 2003, before me, the undersigned offic r, personally appeared Ethel E. Steele, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instr=ent, and cknowledge that she executed same for the purposes therein contained. fN WITNESS WHEREOF, I hereunto set my hand and official seal. ??WZ4 A Notary Publio ? ??yJ? ?N?.`::? ?!- ?.':F?'iii?::;;;S7. eI rr•.:'..,r •.' ri?'I:? r' '!y?4?a.V?C'"af,•??' E?y.f BOOK 260 PACE2280 JRN-3-2007 11:37 FROM:CUMBERLRND Of Pennsylvania Caunty 0 Cumberland, T0:18667327243 5S. O this, the /3 "A day of A1,1vem4e R , 2003, before me, the undcrsi personally appeared R. W. Steele, known to me (or satisfactoril i? officer, Y proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. WITNESS WHEREOF, I hereunto set my hand and official seal. .?•:JI i ? ?Jl. yxy"its ?: ?•, ?f. c°rti iy t}tis to be rccordcd ]n C w-,lb;;rland County PA Recorder of Deeds Notary Public Malin Li. r I do ereby certify that the precise residence and complete post o ee address of the within named gran is 17 (vw 7r c r- j44 c£c (1 G' ( 2003 r t~ Attorney for ??r .. Page 1 of 1 Detailed .F DistrictNo Parcel 1D MapSuffix HouseNo Direction Street Ownerl C/O PropType PropDesc LivArea CurLandVal CurImpVal CurTotVal CurPrefVal II Acreage IGrnStat ax& SaleAmt SaleMo SaleDa SaleCe SaleYr DeedBkPage YearBlt HF File Date HF_Approval_ r for Parcel 39-14-0165-025. in the 2004 Tax Assessment Database 39 39-14-0165-025. WALNUT DALE ROAD STEELE, WILLIAM A & DANIELLE M L3 10610 0 10610 5.37 1 JAN-3-2007 11:19 46 -9PR 28 hfl 39 DEEP] (2006). 70:18667327243 Tax Parcel Nos- 391-14-0785-027 3&14-0185-W Dt. WI made this 01-1 day of April in ft'year of our Lord two ffwmand six. VWLUTAIMAE RIPLEY BALL,()U. JR. and RUTH W. SALLM. Mob and wife, J. SCOTT TRAY ER, a married man, t renue VATNESSETH: In considerafion of the sum of TM HUNDRED FWW THO MND (ti?ftA0 M) DOLLA , in hand paid, rvicelpt whered is hereby ,ac?crowledged, the sand Gmgms do hemby grant and vey tD the said Grlpt m. :.. A THM CERTAIN tracts of land situate in Southear4tore Towtu"p, C County. Pemwilvania, bm*dW and drsecrlbed in s=rdwce wfth la survey made by GRd David Bart, Rapiatwed Surveyor, dated July 1903, as at an existing slonee pas at the northeastern comer of the tradt of Ian !mob oonveyed. whkh Wds&V atcxee pile is at corner a wmnon to two tracla of rK w or formerly of Richard J. Frank; thence from said exiuNSing storo pits at t pica of beginning alart0 One of said lands now or f worly of Richard J. Free South 35 degrees 45 minutes 24 seconds W". a d*kgrwq taf 203.82 teat to a eads ng atone pile 4t corner common to said land now or formerly c* Ri J. Frank and a trod of land sc o ring on the south whose prosetrt ow, r is u ; thenC& along SW tract of land a4oiNng an ft SO=, South 33 deg 22 minutes West, a Wince of 332.80 fry to an ea *ft plsnMd skm at r or WW now or form of fi wq" Ettat awn, al al., ftncg along litre of d lwd now or forrneriy of Margaret Etta Bums, at al., through an wdsblrtq stub ' a stone pile, NoA2t 45 degrees 13 minutes bleat, a distaroe a 618.53 teem to an iron pin wem in storms at corner cornroon to said land now or tomely of cols 274 PwW& TO:18667327243 JRN-3-2007 11:19 Mar$ar+st Etta Hums, art at. and Wmft now or forrnOrty of Chesler Leal NW, thence slang tine of said land now or fonwly of Chostor Low Whf, North 89 degrees f6 minutes 25 so0oM}8 East, a dWwft of 464.33 Seen to an tfsling iron pin at a post on the eastern ffen of the 30 foal wide right-oPavy and wtlich eastern line of said 30 IOM wide rigM-ofd is the dWx" fine bob* an said land new or formerly of Choker Leon Nehf and tend now or fbmwrly of Freiss nd Kelso, a partnership; thence continuing afonp lire of !arid now or fomrerly of said Frass and Kelso, a partnership, mWor One of said laid raw or ftmiety of i ;!WM J. f=rank, **-A land is tipparsrdly indudad in each of their rare Oseds, North 89 depreft 16 mutates 25 seconds East, a distance of 245.77 feel an wAst ng stone plie at the place of Wt3lMfiMNG. AB04tt" described tract or land contains an area of 3.7417 so= and has on atected a two-story tog house, 4 and frame barn and shed and frame and game outhouse. ETHER WITH any and all rights which the witk in Grantor may have in the 9 road leading from Towns* Rmw T-317 souttrwand to Big Ffat, and in together with the rights granted In the 30 feet wide rig"-way no 9"mwfy from Tohwtrd ip Road T-317 along the osslern One of tend Chaster Low Nehf to the abowe described premises as conveyed by Chieter NW by instrument dolled My 20, 1983. A L THAT CERTAIN 00ce of mountain land situate in Sow Towr>9tilp,- C mberland County, Pennsyhrania, hounded aim des:dbed as follows: at a stone; thence by land now or f0mierfy of the heirs of Henry decesesd O metty a Part of this saute tract), South 29 degrees 20 parches to a stone; thence by a eintiler bt of timber land, f0mody of S. W. Niven, South 57.5 degrees E*A, 43 perches to a stone on fare of land new or Ay of ClrM t,,heYer, thence along said line. NoM 28 degreft East, 20 pe to a Gone; thenos by lands now or forrnarly of MWOW Hat. North 57.5 d reea West, 42.3 perches to a polyd, the plsoe of BEGNOW. CO AIMING 5 acres and 51 perc hos, more or lam. CT no. 4 AND TRACT NO. 2 DEMO THE SANE PRWBWS wt*M Brett EA Porter, unmarrimied, a w 8erhm A. Diduk, unrrrlirrled, by their Dead dated A st 19, 1994 and recorded August 19, 1994, in the 41rrae Of ihs ReOxft Of s or Cumberland Oourdty, Pwmsylvaniat, pranced and conveyed unto WNW Rio Baibu, Jr. and Rath W. Bob% husband mid wile, Grantors herein. TOOETHM vYith all and singular the ben'ldic>gs, iMWDVrlrnerns, ways, streets, albYs, paesagea, , watercourses, rights, hteRles, prMlieges, 11VO Eamiarrts and eppurtlinaarroe?s whatauever the wrdto h7drtongtng, or in any wise epee WnhV, and the never kft and resre,;ndem, rer". issues and prohls thereof, and sill the estate, right, title, lnlems$ property, cl aim and mend whatsoeer of him, the said Gran taru, in low, equity, or otherwim howsbe ver, . in, to or out of the sauce. 0099 204 404--M JAN-3-2007 11:19 T0:18667327243 HAVE AND TO HOLD the said lot or piece of ground above described, with #w L - buildings and lmpmvemw is thereon areded, hweditarwb and premises hereby granted or marlim ad, MW intended so to be, with the appt?rtsnancbs, unto the said GrartlMr, his heirs and ss*ns to and for the only proper use and bettcof of the said GmnW, his heirs and assigns, forever. nd the said Greet m hereby covenant and agree that they win warrant specialy the propert t,errJayconveyed. 114 WMEW WHEIMOF, the said Grantwa have hereunto sat their hands and seals the day and year first above written. Stwed, SesiWondlWberod fir tf» ofi WILLIAM 41P t llt , % VR I tt+e Itelidence tMri 6rentee is ire rv- .rm+ or Atty. .rte' RUTH W. SALLOU "'K 274 P EI.JiSO JAN-3-2007 11:19 TO:18667327243 TO HAVE AND To HOLD the said lot or piece of ground above described, with the bulldln and kr4mvernenis thereon erected, hor*c t ft"n a and premises hereby granted or rr*cW nsd, and irnten W so to be, with the appur?enafl os, unto the said Otarrbe, his halm and a?sOg , to and for the only proper um and behoaf of the said ankrMe, his tins and ssogrrs, fcwmm . nd the said Qmnkrs hereby com ant and agree that they will warrant speaaNy the hereby conveyed. N WrTKEU WHEREOF, the said Gramm have hereunto set their hands and seals the day and ya firM above written. SOM4 SO&W and Der?vari.ar in 66 IF hwarms of VVILLIAM RIPLEY BALLOU, jR, .r RUTH W. RALLOU 4 g* 274 pwmui JAN-3-2007 11:20 STATO OF ss. COUNty OF persm acme ti T0:18667327243 Dn this, the day of Apra, 2M. before rr e, the undersigned offer, A WILLIAM RIPLEY HALLOU, JR. know to n* (or manly proven) to be the e Nhoae name is subscribed to the within intstrvrr em and ealm fwged #of he executed r the purposes therein contained. N WITNI=SS WHEREOF, i hereunto set my hand and official seal Notary Public STATE name is HF ??-Tk#1 ?N ? - of oft, the day of April, 2006, before me, the undersigned officer, personally RUTH W. BALLOU kriovrn to me (or saftfactorily proven) to be the pmw whose ubscdbed to the within i t, and acknowledged that she exec red saime for the #*rein contained. WITNESS WHEREOF, l hemunto sat my hand and offrcial seed. ? I I X2 .34 34 ( Notary blic * MWO 10, 4141 b00t( 274 fACZjf82 JAN-3-2007 11:20 STA serve T0:18667327243 On tuts, the Z t day of April, 2006, before me, the undersigned Officef personally ad WILLIAM RIPLEY BAU-Ot1, JR. known to me Or aM2hWICrlfy PrOVen} to be the whose name is subscribed to the within instrumem, and ooknawiedged #W he exeCUW ;r the purposes therein contained. 1MTNESS 1MiEREOF, I herreunto set my hand and offal seal. Notary STATE ua. 147r AVM MOM KAW SM OF MOfUM +rtr Co-*"- b ,, iti.r t, 2007 this, the clay of April. 2006, before me, the undsrsigned officer. p aay 0" RY.fTM Vyl. BAI?LQIJ known iD me (or s grilyr proven) to be the person whose name is subscribed to the within instrument, and aoftnaiwladged #W she execuW smne idr the Ou th"n conhained. 1 I WT NESS VYHEREOF, i harvunto 90 my hand OW official seal. otrtY d Notary Public `r ya +r' 5. a ro 95 v! 1 -4 L4 ca cn ?a N h?t31( 274 PAUU83 + JRN-3-2007 11:22 T0:18667327243 I 'T`HIS DEED TAX PARCEL NO. 39-14-036=-009 Made the 24th day of May, in the year nineteen hundred and ninety-six (1996) aLntk SN RICRUD W.'OTUXXR, 1;ingI* man, of North Middleton Township, Cumb rland County, Pennsylvania, Grantor or party Cf the rir*t psXt AND Mrs( RY Jr. fD?= and MARIA H. X4G=, husband and wife, of Dela art County, Pennsylvania, Grantees or Party of the second ` port. TNESS, That said party of the first part, for and in consideration of the sum of SSVMY-NINE THOUSAND NINE RUNARM ($79 00.00) D0L,IARs, lawful money of the United Stator of A1ne:Ci a, well and truly paid by the said -party of the second part to th said party of the first pArt, at pb$ before the sealing and d livery of these presents, the reosipt wheriso£ is hereby ackn iedged, has granted, bargainnd, sold, aliened, enfeoffed, relea Rd, Conveyed and Confirmed, and by these presents does grant bargain, sell, alien, enfeoff, release, ConVey, and confirm unto the said party of the second part, their heirs, oucce sobs and assigns. all "that hereafter described real estate lying and sing situate in Southampton Township, Cumberland ounty, Pennsylvania, bounded and described as follows: rherairk; N4 at an existing atone pile at cornar nds now or formerly of A. Baker and Tract hence along Tract No. 2, North 3 degrees 11 econds West,•395,39 feet to an 6Xistif7g e r of Tract No. 2 heroin and. lands now or Nehf; thence along lands now or formerly of eht, North 90 degrees 59 minutes 59 seconds West, 418.e4 foot to a set iron pin; thence continuing along ands now or formerly of Nehf, North-88 degrees oe minutes 41 seconds west, 360.21 rent to an existing et; thence along lands of the same, North•17 degrees Z mihUtGS 26 zccondc west, 346.50 foot to a railroad K ike in Township Route T-323; thence in Township Rou" T-323, South 73 degrees 38 minutes 19 seconds West, DTTOX 138 PACEJOSS i JAN-3-2007 11:22 147-64 toot to a rgilrosd spy; t4epce South 11 degrees Best, 561.00 fMt to an eXiBting post; theme slang the same, worth 61 degrees 35 minutes $8 seconds Bast, 150.41 feet to an existing poet; thence along the ea3N, South 14 degrees Al minutes 31 seoonde East, 3315.3 feet to a set iron pin; thence along the name South 12 4agrsea 45 minutes East, 412.50 feet to ah existing Wtohe pile, thence along the sg3n North 80 dsgre a 15 minutes 02 seconds East, 373.40 feet to the place of RB*T)MNa. the dxaGXt off asuurve0Y5of JohnsRnol4SagingeFe4atedcoctobero 13, 11883. Being Tract No. 1 thereon. T0:18667327243 a INNIAG at an 4xisting stone pile at corner common to Tract No. 1 herein and lands now or formerly of A. laker; thence along lands noH or formerly of A. BaXer, North 98 degrees 54 XinYtes 04 9409nda Bast, 320.71 foot to a set iron pin; tbenca 0013tinuim3 along lands of A. Baker, South 43 degrees fit, 633.35 feet to Ah xisting stone pile at line of lands now or formerly of wi111o3, Farner; thence along lands now or rornwr y of Williona Parnar, north 81 degrees 39 minutes 11 sec nds East, 388.50 feet to an existing atone pile; thema continuing along the none, South 77 degrees 29 minute 22 seconds East, 278.65 feet to an *Xioting atone le at line of lands of whiaA the owners axe not known; hence along said lando, North 32 "gross 38 minutes 33 seconds Bank, 507.14 feet to a point at line of lands now or formerly of Kelso; thence along lands haw cr formerly of Kolso, North 47 dxirees 14 minutes 12 seconds West, 352.07 feet to gh exi.sinci stone pile; thence ontinuiM along the cape, !forth 47 4egtroes 15 minutns 6 seconds We*t, 297.67 tact to an iron pin set at, line of lands now or formerly of Nehf; thence along Innow n 6w or formerly or Nwhf, South 69 degrn.Ws 21 Minter 23 Aeconde West, 431.25 feet to an exigtiny powt at line of Tract No. 1 herein; thence along Tract No. 1, ouch s degreem 11 minutes 32 0"onds last, 3?5.39 eat to the place of BEGIWKNg, to the dated NG 11.593 acres, more or less, according of survey of Johh R. Rissingmr, A. U, , 171 1983. Being Tract No. 2 thereon. WK 33.9 N M,% JAN-3-2007 11:22 T0:18667327243 I-, SEINE that same premixes which Xargaret Etta Eurns, single woman, by her Dead dated eeptembor 12, 1994 and recorded on r-aptember 16, 1994 in the Cumberland County Recorder of Deeds Office in Dead Hook 111, Page 1123, granted and conveyed unto Richard H. Strayer, Grantor herein. TOGETHER with all and singular tenemento, tlereditaoentr mind app enances to the name belonging, or in any way Appertaining, and reversion and revereiens, remaindor or reaeindars, rents, issu a and profits thereof; AND ALSO 'all the estate,' rights, tits ', interest, preparty, claim and-demand wkkatsoevari. bath in iaw nd equity, of the said party of the first part, -of, in, to or a t of the said premisc.+s, and every part and parcel thereof. To HAVE hND To HOLD the said premises, with all and singular the ppurtenancer-, unto the said party of the second pert, their heirs, Aueeessors or aoxigne, to and for the only proper use and beho f of Paid party of the second part, their heirs, successors and saigns forever. AND the acid party of the first part, his hairs and asoigne, doAa by these presents, covenant, grant acid agree to and with the said party of the second part, their heirs, successors and aaei ins, that the said party of the :first part, his iisiro, nucc asorx and assigns, all and singular the horaditamente and prom see herein above desorlbed and granted, or mentioned and ante ded so to ba, with, the appurtenances unto the said party of the eeond part, their heirs, successors or assigns, against the said }arty of the first part and his heirs, sweessore and assi ns, and against all and every other parson or parsons, whom sever, laNft111y claiming or to claim the same or any part they 10f, by, trop or under him, her, them or Any of them, Ahall rind 111, subject to aforesaid SPECIALLY wARRAUT and DEFEND. IN vjTNxss 4R oMP; tbp said party of the first part has nto set his habd end seal, the day and year first written , Sealed and Delivered n the presence of Strayter Exchard W. '? DOOX US IME1057 JAN-3-2007 11:23 T0:18667327243 Camma„wenlth of Pennsylvania , County of erland SS On th e, the 29th day of May, 1996, before me, thq undntreLgne officer, persohally appeared, RICKARD W. SSRAYER known to n or satisfactorily proven to be the pjezsgn whose name in subeeri d to tar- kieXin instrument, and ndknoWlAdged that he nXecut-ad a vlthin inRtrument for the purpons harnin'contained and +Iith t e intent to be legal bour4. IF WI S8 MOREOP, I have hereunto sat my hand and notarial nnnl. . ?x??? ?'? Na ry is My Co=iscion Expirac: M ir«M MMc ? r, as ':? an •:? s: 1n CERTIFICATE OF RESIDENCE " T. hereby certify that the precise rasidenon of the ar--B hp-rrin in n follows: I??6nI? Ca .. -711 N =- Attorney of A t 4 Grtthtct`. ° jj logo F T P, sYy4. ?T e`doii 1,39 PACE G"A Page 1 of 1 Detailed Res Its for Parcel 39-14-0167-009. in the 2004 Tax Assessment Database DistrictNo 39 Parcel ID 39-14-0167-009. MapSuffix HouseNo Direction Street WALNUT DALE ROAD Ownerl HAGEN, GREGORY J & MARIA B C/O PropType A PropDesc LivArea 1342 CurLandVal 74620 CurImpVal 3320 CurTotVal 77940 CurPrefVal Acreage 22.42 C1GrnStat TaxEx 1 SaleAmt 79900 SaleMo 05 SaleDa 28 SaleCe 19 SaleYr 96 DeedBkPage 00139-01055 YearBlt 1900 HF File Date 03/07/2005 HF Approval_Sta us D 7_u._ //. JRN-3-2007 11:53 FROM:CUMBERLAND nan,?li7 }. ZIEGI.[p '?:wGFsiicii JF DEEDS %;.itLAW) 000N7 ; =l friflly to Pf?1 3 3G Tax Parcel No. 31- ?3 - MADE, TOE OETWEEN F Married worn. the first part, and ROBI: Southampton WrTN. the receipt wh convey ro the T0:18667327243 THIS DEED, day o7f.Tarekar?? in M year of our Lord two thousand four (7004). ZDARA ANN BENDER, also known uA BARBARA A. BENDER, of Southampton Township, Cumberland County, Pennsylvania, party of (:ranter. C, BEN)DER, and BARBARA A. BENDER, husband and wife, of nship, Cumbcrtand County, Pennsylvania, parties of the second part, Grantees: iETH, that in consideration of One ---($1,00) ---Dollar, in hand paid, f is hereby acknowledged, the said Grantor does hereby grant and Granteest, their heir,, and assigns, as tenants br the entirety, ALL HOSE TWO ocrtain bvLts of land situate in Southampton Township, Cumberland ounty, Pennsylvania, bounded, and described in accordance with Final Subdivision P an for Chester Leon Nehf, prepared by John R. Kissinger dated Dcccmbcr 29, 1988, a co y of which is recorded in the hereinafter named Recorder's Office in Plan Book 57, Paiz121, as follows; I3EG NING nt it point in the center line of Township Road T-323 at the dividing line b tween Tracts Nos. I and 2 hemin described; thence ftom said point at the place of begin king along the dividing line betwccn;aadTracts Nos. 1 and 2 the following caursca and distances: (1) North 87 dagroes Fast in Township Road T-323 a distance of 217.4 feet to a point of the center line of Township Road T-323; and (2) South 07 dcgrires 30 minutcs East A distance of 460.35 feet to a point at corner of land now or formerly of Margatot Burn ; thence along line of said land now or formerly of Margaret liurnc North 89 dcgr(mt 30 tinutes Wcst a distance of 572.55 fcct to a point; thcncc still along line of Bald land now Or Formerly of Margaret Burns and crossing said Township Road T-323 and continuing along line of land now or formerly of Bessie Witmcr, Nortb 16 degrees West a distan of 803.55 feet to a point; thence still along line of land now or formerly of.Bessic Wit er, North 83 degrees 45 minutes West a distance of 1139.02 feet more or lesa to a point • t the Southeastern corner orLot No. 1 •whicb was conveyed by Chester Lcon Nehf, widower, to his grandson, Stcvcn Ray Bender and his wife, by deed dated Mny 30, 1989 and recorded Junc 6, 1989 in the hereinafter mentioned Reeurder's Office in DoM Book ` 7", Volume 33, Pagc 393; thence along the Eastern line of said l.ot No. 1 now or former) of Steven Ray Bender and wi re, North 02 degrees 16 minutcs 16 seconds West distance of 1026.60 feet to a 1x)int in line of lurid now or formerly of Harry Burkholder; thutae along line of said land now or formerly of Many Burkholder the following flucc courses and distances; (1) South 87 dogrCes 00 minutes East a distance of 3035.69 feet more or less to a point; (2) North 12 degrees Wcsi. a distance of RdK 262 rAA664 JAN-3-2007 11:54 FROM:CUMBERLRND 227,7 feet to point; and (3) North 1.6 degroa5 45 minutes East a distance of 636.9 feet to a point at the dividing line between Tracts Nos. 1 and 2 herein described: thence along the dividing 1 ne between said Tracts Nos. I and 2 the following four (4) courses and distances: (1) South 76 degrees 30 rrdnutcs East it distance of 833.2,5 feet to a point; (2) South Ol deg cc9 30 minutes West a distance of 775.5 feet u5 a point; (3) South 20 degrees West a distance of 557.7 foot to a point; and (4) South 06 dcgroes 15 minutes Fast a distance of 628.65 foot to a point in the center line of said Township Road T-323 At the Place of BEGINNING. THE BOVE-described Tract No_ 1 contains an area of 63.52075 acres, more or leafs, BEG ING at a point in the cower lino of Township Road T-317 known as - South Moun 'n Estates Road in line of land now or formerly of Harry Burkholder described in .umbcrland County Dccd Boot: 29 "S" 666; thence from said point at the place of beg' ning along the center line of said Township Road T-317 and land now or formerly of orman Swindler described in heed Book 22 "1' 665, South R5 degrees', 30 minutes Bast a distance of 891.0 feet to a point in the center line of said road at corner of land now or formerly of South Mountain Estates; theaco along line of said land now or formerly of South Mountain Estates and along line of land now or formerly of Linda Martin, Sou 16 degrees East a distance of 2316.6 feet to a point at comer of land now or formerly Stewart Harritt; thence along line of said la+5d now or formerly of Stewart Hctritt, Sou 1 l degrees 15 minutes East a distance of 495.0 feet to a point; thence still along line of aid land now or formerly of Stcwart Hcrritt and crossing Township Road T-323 and c ntinuing along litre of land now or formerly of Harry Ftriesc, South 04 degrees East distance of 1011.45 feet to a point; thence South 86 degrees 30 minutes West a distal cc of 945.45 feet to a pui nt which is a corner of land now or formerly of Margaret Bu ns; thence along line of said land now or formerly of Margaret Burns, North 01 dcgroes minutes West a distance of 425.7 feet to a point at corner of Tract No. 1 hcreinabove cscribed; thence along line of said Tract No. 1 herein.above described the following sl (6) courses and distances: (l) North 07 degrees 30 minutes West a distance of 460.35 f t to a point in the center line of Township )toad T-323; (2) thence in Township R ad T-323 South 87 degrees West a distancc of 257.4 feet to a point io the center line ol said Township Road T-323-.(3) North 06 degrees 15 minutes West a distancc of 6 8.65 feet to a point; (4) North 20 degrees East a distance of 557.7 feet to a point: (5) N b 01 degrcz 30 minutiae East a distance of 775.5 feet to a point; and (6) North 76 do 30 minutes West a distance of 833.2,5 feet to a point in line of land now or formerly of Harry Burkholder described in Dced Book 29 "S" 666: thane along lute of sued lamer ow or fnnneriy of Harry Burkholder North 16 degrees 45 minutes East. a distance of R 4.5 feet to a point in the center line of said Township Road T-317 known as South Mountain Estates Road at the Place of BEGINNING. THE ADOVE-Op;cribed Tract No. 2 contains a gross area of 8,6 acres 26 perches, from which ere is excluded the tract of land 110 feet by 1.75 feet containing 19,250 square (cot o 70.707 perches more or lees which is excepted and reserved, leaving a net nrea of 85 acres and 115 perches more or less. THE SAID tract of land excepted and troserved from the above-dewribot Tract No. 2 is all the tract of land which C_ Leon Nehf and Mildred E. Nehf, husband and wlfe, by de(xl dated June 17, 1960 and rcrordcd June 28, 1960 in the hereinafter named Reentdcr's Office in Dwd Book "X", Volume 19, Pagc 2:19, granted and conveyed to Robert C. Bender and wife. TH" ABOvE-described Tract No. 2 is subject to a 15 feet wide right-of-way for a private ran to be used in common with the owners of the land excepted and reserved from the ibo c-dessribed Tract No. 2, as described in said deed rec:ordcd in Deed Book ,x-, Vol 19, Page 239, TO:16667327243 ft'ft 262 PADE4665 JRN-3-2007 11:54 FROM:CUMBERLAND THE ABOVE-dcscribW Tract No. 2 has thereon ercotod it dwolling house and other improvements and has the mailing address of 577 South Mountain Estates Road. Shippcnsburg,Pcnnsylvania 17257. THE ROVE-dcsadbed Tracts Nos. 1 and 2 are all of the samr. Premises which were disuibu ed to Barbara Ann Bcndcr, the Grantor herein, by Order of the Orphan's Court of Cumberland County. Pt nnsylvan* b the Bstate of C. Leon Nehf, dated January 11, 2000, and recorded January 11, 2000, in the Office of the Recorder of deeds in and for Cumberla l County, at Carlisle, Pennsylvania, in Dced Book 214, Page 839. THE iTHIN conveyance is from wife to husband and wife mid is, thcrcforc, oxcmpt from realty transfer taxes imposed by the Commonwealth of Pennsylvania, Township of Southampton, and 5hippernsburg Arca School District. AND the said Grantor does hereby covenant and agree that she will warrant SPECIALLY a property hereby conveyed. IN W NI?3S WHEREOF, said Grantor has hereunto set her hand and seal this day and year rrst above written. Signed, ,Sled, andDelivered in th Presence of _ _? „?f • t (SEAL) $arbara Ano Bender _(S,EAL) Barbara A. Bcndar commonwealof Pennsylvania COUnty of Cu bertand ,,4,L, On fills. the day of,4i 6 tares 17114, before me, the undersigned ofi' pcrxonaUy ap eared BARBARAANNBENDER, also known as BARBARA A. BENDER, kne; wn to me for satisfactorily proven) io be the person whose name is subscribed to e within instrument, and acknowledged that she executed the .same for the purposes there in contained. IN WI tVP.SS WHEREOF,1 hereunto ,set my hand and official seal, 1 -- .(SEAL) IL A, Tpt9WA.NfAS,W7T PV" "ROUB" Of CANJ&6. C CO.. PA I do he e, y certify that the precise residence and complete port office address of ncr within nam.d Grantee is 577 South Mountain Esiare s, Shippensburg, Pennsylvania ,1 7257. I Cety{-y this to be {CC0 ded PA 11, C,,Ljn berland CoutitY .r.ldl? Attorney for Grantee s, BOOK 262 PAGE4666 TO:18667327243 Page 1 of 1 Detailed Results for Parcel 39-13-0104-069. in the 2004 Tax Assessment Database DistrictNo 39 Parcel ID 39-13-0104-069. MapSuffix HouseNo 577 Direction Street SOUTH MOUNTAIN ESTATES Ownerl BENDER, ROBERT C & BARBARA A C/O PropType A PropDesc LivArea 1934 CurLandVal 367130 CurlmpVal 103220 CurTotVal 190530 CurPrefVal 87310 Acreage 149.68 C1GrnStat Y TaxEx 1 SaleAmt 1 SaleMo 05 SaleDa 10 SaleCe 20 SaleYr 04 DeedBkPage 00262-04664 YearBlt 1840 HF File Date 01/04/2006 HF Approval_St tus D JRhl-3-2007 11:54 FROM:CUMBERLRND TO:18667327243 f. to1•IMr-Wan..y Da d, been Para. AM .f Mo. dealt ShW 111 H-x 11411• [,X* IrNbawa, Y,.• y i? I MADE THE v rI7 k ;Drebt i of off s Lord o day of June in the year e thousand nine hundred and sixty (1950) 1'LTtYNF.1V C. LEON NEHF and MILDRED E, NEHF, his wife, of R. D. 2, Shippensburg, Cumberland County, Pennsylvania, Grantor s , and RBERT C. BENDER and BARBARA A. BENDER, his wife, of R. D. 2, S ippensburg, Pennsylvania, 1 Grantee s , iY1Th'ESSE7 , that in ct" dcratiou of ONE HUNDRED DOLLARS ($100.00) I in Adm paid, ac receipt whereof is here aeknowlt:dAed, the said grantor .1 !!r s ' do hereby grant and convey to he said ant yra>:tee s . ALL that certain lot of ground situate in Southampto Township, Cumberland County, Pennsylvania, more fully bounded j and described as follows: i BEGINNING at a point in the center of a fifteen (15) foot wide private lane at a point Five Hundred Forty-three (543) feet South of the inter- section, of the said private lane with a hard road which runs through Chestnut Cross Roads to Shippensburg; thence along the said lane in a Southerly direction One Hundred ten (110) feet to an iron prin; thence in a Westerly direction with right angles of the said lane along lands of the Grantors herein One Hundred Seventy-five (175) feet to an iron pin; thence in a Northerly direction and parallel with the said private land along other land of Grantors One Hundred ten (IJ0) feet to an iron pin; thence by the some, in an Easterly direction One Flundred seventy-Live (175) feet to an iron pin in the center of the said private lane, the place of BEGINNING. i THE said Grantors further grant and convey to the Grantees, their heirs and assigns a right of way in common with the said Grantors, their heirs an assigns over the said 15-foot private lane leading from the above described lot to the above mentioned hard road. i BEING a part of a larger tract of land, known as Tract #2, which John Gutshall and Catherine Gutshall, his wife, by their deed dated December 23, 1944, and recorded in the Office of the Recorder of Deeds in and for Cumber- land County in ecd Book "W",Vol. 12, Page 433, conveyed to Chester Leon Nehf, also known as C Leon Nehf, and Mildred E. Nehf, his wife, Grantors herein. -Transaction between parent and child. awl 1%ha'Estate trasster lac pit ?P ' OA ! j aa?? eel . a. a ? , s j AND, the said gran ors do' hereby covenant and agree to and with the said grantee s, that they. the grantor S, their heirs, executors and administrators, shall and will war- } rant GENERALLY and forever defend the hcrciu above described 1 premises, tcith' the reditanaents and a asesgne, goainsE tlae aid pprtrtexances. unto the said grantees, their heirs and grantors , and against averse other person laaofully cltti»Ii,:g or who shall hereafter claim the me or any part thereof, e C&?rc-( ? 4 "L JRN-3-2007 11:55 FROM:CUMBERLRND TO:16667327293 BOONS 2,40 the daV INfW TNDSS:,WHEREQF, said yrantws.-.have hereunto set their hands and seals year tt above written. A. ataltD anA BrltoarA ....__.? _.....4Z^_?_•p.-.,d...."?"i.. ,,... ?e??? saw. In toe 3lrt mer of _......----- ------ .....__.__ .............. =2Z . ?Lf a : ?r ..:....... _. .........__ aae'?at. State of PENNSYLVANIA Se. County of CUMBERLAND On this, the ' day of June , 10 60 , before me, a Notary Public in and for said County and state, the undersigned officer, personally appeared C. Leon Nehf and Mildred E. Nehf, his wife, known to me in inetrumorl ?r rofrtll,yidiihin !or satisfactorily proven) to be the person s whose name s are. subsoribad to the with- ,. and,adkrwwledped that they executed same for the purposes therein contained. LESS WHEREOF, I hereunto set my harm and of aW seal, Natacp Pabke ShipO?mD 0. Cvmbsd4ad Co tr Y 1[T, mFatsdmPmm4sr_Iq,.lA9'J.-................. Title of Offloer. I do hereby certify that the precise residence. and complete post office address roamed grantee is R. D. 2, Shippensburg, Pennsylvania y 7 r9(e" ........... Attorney for:. ?___ W rx w `.r 71 w? a¢ n ? NI 4W z? N) dW Uw I I COMMONWE TH OF County of ....... _. . eecogo&V OFI,:E Ol 11,( CuRR uT cougl$ a RECORDER OF pE'Js / 0 .3/A,.n COpeERLMD COUNTY oERR^,YLvuYLA V? sa. ppT RECORDED on this- .?p_.•..• day of ---- A. D. 19. din the Recordsr's 05CO of the said County, in Deed Book X vol......... /..? ....--_, Pane .... ? Given rrnllyr my hand and the seal /of the said oAce, the date above wrium ?fP!??/?+2 ......... Recorder. ¦ Page 1 of 1 Detailed Results for Parcel 39-13-0104-068. in the 2004 Tax Assessment Database DistrictNo 39 Parcel-ID 39-13-0104-068. MapSuffix HouseNo 575 Direction Street SOUTH MOUNTAIN ESTATES Ownerl BENDER, ROBERT C C/O PropType R PropDesc LivArea 1176 CurLandVal 19170 CurImpVal 90210 CurTotVal 109380 CurPrefVal Acreage .44 CIGrnStat TaxEx 1 SaleAmt SaleMo SaleDa SaleCe SaleYr DeedBkPage YearBlt 1964 HF File Date 12/01/2004 HF Approval_St tus A a, IN RE: LAYING 01UT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT T YER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents NOTICE YOU HAY 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 th case may proceed without you and a judgment mayb entered against you by the Courtwithout further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose m ney or property or other rights important to you. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 0.7 - I QQ NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en persona o por abodago y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. YOU SHO LD TAKE THIS PAPER TO YOUR LAWYER AT NCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HE OFFICE SET FORTH BELOW TO FIND OUT WH ERE YOU CAN GET LEGAL HELP. ZLAND COUNTY LAWYER EFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER ?`• REFERRAL SERVICE ? ." _ 32 S. Bedford Street + ' o Carlisle, PA 17013 := (717) 249-3166 ,. ( -. 7 a t,7 kJo i'Ti N r7 ? ?i t j l7 77' +i IN RE. LAYING OUT AND OPENING OF A PRIVAT ROAD over property located in Shippensburg, Cumberland County W. ANDRE STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT T: BENDER ar BENDER,C and MARIA R AYER, ROBERT C. .d BARBARA A. REGORY J. HAGEN B. HAGEN, Respondents a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. PETITION TO APPOINT BOARD OF VIEW TO THE HONORABLE JUDGES OF SAID COURT: AND NOW comes W. Andrew and Danielle M. Steele, Petitioners, through their attorneys, Keefer Wood Allen & Rahal, LLP, and files the following Petition pursuant to 36 P.S. §§ 2731-2763, and states: 1. Petitioners are adult individuals with a mailing address of 17 Kower Court, Mechanicsbu g, Pennsylvania 17055. 2. Petitioners are the record owners of real property located in Shippensburg, Cumberland ?ounty, Pennsylvania, as is more fully set forth in the descriptions contained in the ? following deed from R.W. Steele and Ethel E. Steele to W. Andrew Steele and Danielle M. Steele, Petitioners, dated November 13, 2003 and recorded in the Office of the Recorder of Deeds in Cumberland County in Deed Book 260, page 2778, and attached hereto as Exhibit "A." 1 1 Respondent J. Scott Trayer, with a mailing address of 60 Shellbank Court, Carlisle, PA 17013, is the record owner of two parcels of land in Southampton Township, Tax Parcel Nos. 39-14-0165-027 (Trayer Tract 1) and 34-14-0165-040 (Trayer Tract 2), as is more fully set fort Scott Trayer Cumberland 4. Tall Tree Ch Township, T in a description of a deed from William Ripley Ballou, Jr. and Ruth W. Ballou to J. , dated April 24, 2006, and recorded in the Office of the Recorder of Deeds of County in Deed Book 274, page 1178. See Exhibit "B," attached. Respondents Gregory J. Hagen and Maria G. Hagen, with a mailing address of 11 Broomall, PA 19008, are the record owners of a parcel of land in Southampton Parcel No. 39-14-0167-009 (Hagen Tract), as is more fully set forth in a description of a deed from Richard W. Strayer to Gregory J. Hagen and Maria B. Hagen, dated May 24, 199, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book P9, page 1055. See Exhibit "C" attached. 5. 577 S. Mount land in South Tract). Tax F Leon Nehf an 1960, and rec( 19, page 239. Respondents Robert C. Bender and Barbara A. Bender, with a mailing address of in Estate Road, Shippensburg, PA 17257, are the record owners of two parcels of npton Township, Tax Parcel Nos. 39-13-0104-068 and 39-13-0104-069 (Bender rcel No. 39-13-0104-068 is more fully set forth in a description of a deed from C. Mildred E. Nehf to Robert C. Bender and Barbara A. Bender, dated June 27, ded in the Office of the Recorder of Deeds of Cumberland County in Deed Book Tax Parcel No. 39-13-0104-068 is more fully set forth in a description of a deed 2 Y ? d from Barbara Arm Bender to Robert C. Bender and Barbara A. Bender, dated February 4, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 262, page 4664. See Exhibit "D" attached. i 6. Petitioners' property is land-locked, and Petitioners have neither a private nor a public acce4 road to Petitioners' tract of land. 7. An existing gravel road leads from Walnut Dale Road, a public road, to the north boundary of roperty owned by Christen P. Gilbert and Molly M. Gilbert (Gilbert Tract). 8. The road travels through the northwest portion of the Gilbert Tract and runs onto a thirty foot right-of-way located on the east border of the Bender Tract. 9. The road then reenters the Gilbert Tract and runs in a southerly direction to the southwest corner of the Gilbert Tract to the property line shared with the Trayer Tract 1. 10. Petitioners have an existing private easement for this unimproved road through the Gilbert Tact, dated June 29, 2004, and recorded in the Office of the Recorder of Deeds on July 14, 2004. See Exhibit "E" attached. I? 11. The road runs in a southerly direction through the Trayer Tract 1 to the southern most portion f that Tract. 12. The shortest and most practical route from a public road to Petitioners' land is across this e0ting gravel road and, where the gravel road ends at the southern most portion of 3 S the Trayer 7 attached. 13. 14. I I 1, through the Hagen Tract, southwest of the Trayer Tract. See Exhibit "F" The Hagen Tract and Petitioners' land share a common property line. The opening of a private road across Respondents' land for use by Petitioner is necessary fo? Petitioner to have access to their land from a public road. viewers to Township, party may be Petitioners respectfully request that this Honorable Court appoint three out a private road leading from Petitioners' real property located in Southampton berland County, Pennsylvania, and to assess the damages, if any, to which any entitled. Respectfully submitted, Dated: KEEFER WOOD ALLEN & RAHAL, LLP s, 2007 By Eric R. Augustin Attorney I.D. # 277 635 North 12`h Street, Suite 400 Lemoyne, PA 17043 (717) 612-5803 (717) 612-5805 (fax) Attorneys for Petitioners 4 VERYFICATION We? W. ANDREW STEELE and DANIELLE M. STEELE, the Petitioners, hereby certify that ?he facts in the foregoing Petition to Appoint Board of View, are true and correct to the best of Our knowledge, information and belief, and further state that false statements herein are made authorities. )j act to the penalties of 18 Pa. C.S. § 4944 relating to unsworn falsification to Date: / ? L I-0 W. ANDREW STEELE Date: 7 L"a'- Llw DANIELLE M. STEELE EXHIBIT A JRN-3-2007 11:37 FRDM:CUMBERLRND T0:18667327243 r. ?;?. 50 "V Tax Parcel No. 39-14-0145-025 THIS DEED, MADE 13th day of November, in the year of our Lord two thousand three (2003). R. W. STEELE and ETHEL E. S"PE LE, husband and wife Grantors, r? and, WILLIAM A. STEELE and DANIELLE M. STEELE, husband and wife Grantees, N?TNESS TH, that in consideration of ONE AND 00/100- - - - - ($1.00) DOLLAR, in hand paid, the rem ipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns, ALL THAT CERTAIN piece or parcel of land situate in Southampton Township, Cumberland County, Pennsylvania, as set forth on a survey as prepared by Curfrnan &. Zellinger Surveying, c. on October 14, 2003, and more particularly described as follows: BEGINNING at a point marked by an iron pin at the common comer cif lands )Dow or formerly of regory J. Hagea and lands of William E. Ferris; thence along land now or formerly of William E Ferris, South 58 degrees 08 ndnutes 45 seconds East, a distance of 706.78 feet to a point marked by an iron pin; thence along other lands now or formerly of William E. Ferris, South 27 deg 02 minutes 25 seconds West, a distance of 330.00 feet to a point marked by an iron pin; the ce along land now or formerly of P. Rexrode, North 57 degrees 52 minutes 26 seconds West a distance of 720,77 feet to a point marked by an iron pin; thence along land now or formerly f Lewis K. Mitten, Nortbr 28 degrees 45 minutes 05 seconds East, a distance of 147,86 feet to a point; thence along land now or formerly of GregUry J, Hagen, North 30 degrees 01 minute 01 econd East, a distance of 1.77.861 feet to the point and place of BEGINNING. CONTAINING 5.3661 acres more or less. BEIN the same premises which the Tax Claim Bureau of Cumberland County, by its dcod dated Fe ruary 22, 1972 and recorded in Cumberland County Deed Book N Volume 24 n?Ur. 260 r.-i:..2278 JRN-3-2007 11:37 FROM:CUMBERLRND T0:18667327243 s Page 489 granted and conveyed unto R. W. Steele, WhO joined by his wife Grantors rein. , Ethel E. Steele are TM T.RANSACIION IS WHOLLY EXEMPT FROJ%1 T A CONY YANCE FROM FAT$ER AND MOTHER TO SOON N MTAX C S WUE.AUSE IT IS T C said gramors hereby covenant and agree that they will warrant specially the property hereby conveyed. 'I "ITNESS "..-FREM, said grantor has he year first above written. reunto set his hand and sea] the day and sr?,f? ented and nettvF.ed In Pre w. of R_ W. STEELS } Qj,? - n ) ETEiEL E. STEELE - t?= C?f*1 C,a m "? rn T 00 oat/ 260 PACc2279 6 JAN-3-2007 11:37 FROM:CUMBERLRND TO .18667327043 r r • 9 ??1 Co'?nonwealth of Pennsylvania ) Cou ty of Cumberland ? On this, the /M day of 4o,-4,e , 2003) before me, the undersigned offic r, personally appcared Ethel E_ Steele, known to me (or satisfactozfly proven) to be the person whose name is subscribed to the within instrument, and acknowledge that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '•A r= Notary Public a; Mai BOOK 260 PACE22,90 JRN-3-2007 11:37 FROM:CUMBERLAND Common calth of Pennsylvania 1 County o Cumberland ss. T0:18667327243 t a this, the /3 `A day of AlWern6e -f , 2003, before me, the undersi personally appeared R. W. Steele, known to me (or satisfactorily proven) to be the person. whose game is subscribed to the within instrument, and acknowledged that he executed same for the purposes erein contained. IN WI'T'NESS WHEREOF, I hereunto set my hand and official seal. Notary Public ? ? ' • F ?•'V:?\ 1 iii-?.???•':?1 ,: 1?:,. i ' :N:: ti: ?::' 4 U1.i•???? 1 ^ • ' . ? 1`?i 7y/`?YSYt+!J!4}Vf:? r):I.?l'f 12 •'!. t;???^x. : ..?.• imme i I do ereby certify that the precise residence and complete post o ce address of the within gran is 1-7 ('CHOW C-'7 C T-' L£t N /1 ?r rBv e,,j- A4 7 ., s- lab,' ( 2003 l Attorney for l r ri t y "1 Is to be rccordcd In Cucib,;rlanld County PA tibox 81 U'; , Recorder of Deeds Page 1 of 1 Detailed R DistrictNo Parcel 1D MapSuffix HouseNo Direction Street Ownerl C/O PropType PropDesc LivArea CurLandVal CurImpVal CurTotVal CurPrefVal Acreage C1GrnStat TaxEx SaleAmt SaleMo SaleDa SaleCe SaleYr DeedBkPage YearBlt HF File Date HF_Approval_ i 6 lis for Pareel 39-14-0165-025. in the 2004 Tax Assessment Database 39 39-14-0165-025. WALNUT DALE ROAD STEELE, WILLIAM A & DANIELLE M L3 10610 0 10610 5.37 EXHIBIT B JAN-3-2807 11:19 V'' .; i . r T 7' ?JGS APR 28 flf7 9 39 WEED (2006). BOW and TO:18667327243 Tax Pared Nos_ 39-14-0165-027 W14-0105-040 DES, madee this ? day of April in the year of our Lord two tt Lmond six, WR.LKU RIPLEY BALD, JR. and RUTH W. BAL.LOU, husb*W and "s, fia'rarhtM J. =07TTRAYER, a rnartied man, G174nue VATNE.SSETH: In 'derafion or the sum of TWO HUMDRED F1FSY THODUND ($M OMA)O) DOLL.AR>S', in hand pad, roesipt whereof is hereby Wcthowled8ed, the said G=nkws do hereby grunt and vey to the said GwahAse. ALL THM CERTAIN tracts of IwW situate in Souht rnpoon Townatrip, C And County, Penne<Ylva wh bounclod end descr%ed in =*(dance with and rvey me& by Cur! Devki Bert, Rzostered Surveyor, dated July 1983. as BE at an exietin8 stone pile at the no"hoestem comer of the VW of land conveyed. whieh mdanp atcxw pile is at corner common to tutu t acts f o now or formerly of Fdchod J. Fronk; them from :old eacpMinp storks pile at this place of beginning alone Ina of said lands now or formerly of Richard J. Fran South 35 degrees 45 minute's 24 seconds West, a distance of 203.92 fexA to an eudaling stone pile gd comer common to aW land now or famierly of iii J, Frank and a treat of lend adloWng on the south whose poem* owr r is u : thence along said trail of land ad)oWng on the South, Swith 33 6W 22 minutes West, a tit"rx:e of 332.80 foot to an existing p1maled skxv ai r of Wind now or formerly of l amt Etter Bums, et W.; therim along line of sei fend now or forrnerfy or Margaret Eta Bums, st at., through are eudsft stub in a stone prle. Nonh 45 degrew 15 minutes WOW, a dixUmm of 616.53 faun to an i pin aet in atones at comer common to said land now or formerly of Ow 274 P'tC , & JAM-3-2007 11:19 TO:18667327243 Margaret Etta Sums, at al. and tars now or formiedy of Cheater Leon WK- thence aWV firm of said land now or kvnwdy of Chester i.ow Neht, North 89 degrees 18 rninutes 25 ss*xxls East, a dishince of 464.33 feet to an odsting iron pin at a post on the eastern Ian of the 30 fog wide right-of-way and w tr ch m fine of said 30 feet wide "-d-way is the dMOV Ina bolween s+airJ and now or tomeery of Choler Leon NW and land nary or fonhheriy of Fo elas • a pip; thence winning slang Ina of land now or formerly of 'd Freise and Kedeo, a partnership. andfor lira of said land now or tormery of Wwrd J. Frank, which land Is oppeftnly included in each of their respeov+e , North 89 degrees f6 rniPrMas 25 se=WW East, a detanoe of 245.77 feet an existing store pile at the pleas of BEGI IMM. AWK deamted treat of land aNtains an area of 3.7017 coxes and has on erected a two-story ioq house, log anal fraM barn and shed and frame caret f wne outhoLese. ETHBt WITH any and all dglfts *tdch the within OWdor may halve in tthe 31 road leading from Ta mg* Road T-317 southward to Big Flat, and in Mon together with the rights grenled in the 30 meet wide righ 4vay e ng southwa * from Towrwhip Reed T-317 along the eastern Ina of land of heater Leon MW to the Above desmibed premises as convoyed by Chester Nehf by instructeerrt dated July 20, 1983. AL THAT CPRTAIN piece of mountain land situate in Souftwiplon Township, Cu County, Penneylmia, bounded and described 83 follows: B NO rod a stone; thence by land raw or kanerly of the heirs or Henry eel, doosesed (fv moty a part of this same UW). South 29 degrees 20 perrlhes to al sloths: thence by a OmPer lot of timber land, it nedy. or S. W. van, South 57.5 degrees Eaaat, 43 perches to a stare on tine of land now or fo dy of David 06w themae slang sold line. North 28 degrrxzs t, 20 Pe to a atone; thence by lands now or formerly of Midwel Male, North 67.5 deg West, 42.3 perches to a point, the place of l' FANN O. C AtNING 5 acmes and 51 perches, more or less. TRA NO. 7 AND TRACT NO. 2 WOO THE PREP which Brett E.A. ortar, unmarred, and &wt*m A. Diduk, unmarried, by their Deed daied Augu 19,1994 and recorded August 19,1994, in the Office of Me Recorder of of Cumberland County, Pwmsylvenia, 9mrifed and convoyed unto Ylitilism Rios So ou, Jr, and Ruth W. SrpNau, husband sr; ed wile, Grantors herein. paesag", r whateoev+er rmn ainders, claim Wx! hovAW mr, -HER vMh all and singular the bw'id'rtegs, improvements, ways, streets, shays, era, wvatercaurses, rights, liberties, priwl+eges, hereditaments arhd appurtan, arms l wwnto baiongft, or in any wise appertaining, and the rayerwom and nts. Issues and pra is therW; and all the estate, right, life, interreg, property, nand whatsoever of him, the said Grantors, in law, equity, or oMerwise in, to or out of the where. 1300 2?4 PA01-09 . - . 'T JAN-3-2007 11:19 T0:18667327243 • r RAVE AND TO M XD the said kit or piece of ground gbava des bmi, with the b s aid lmprovsmertts thereon wm ted, hamQd arld premiers hereffwft , and irr6endsd so to be, with the appnrtena?, tsrto the said Gm his his he and ins to and far the ** proper use and WOO of the said GmnW, his hairs *W assigns, forever. And the said Grarttpm hereby mvemnt and apnee that they will wMaM speaaly the Arope hereby Convsyed. I WMEW WNMEOF, the said GmnWm have heneuft am their hates and seals the day rtd year first above written. An " of zdl" W LLLtAM RiPL , JR. RUTH W. i3At..LOt1 It ere iwto itemdence -.a e..La td wItMn STOM" is or Atty. (,u 6600 274 WEIISC) JAN-3-2007 11:19 T0:18667327243 TO HAVE AND To HOLD the said lot or *m of ground above described, with the bull go and improvements thereon erected, hdrddtt nWO 4W premises henaby gram or macro , and iftoded so to be, with the appurMnanon, urrio the said $ran%@, his hairs and s&?F , to and for the only proper use and behoof of the said Ow be, his hairs and assigns, a fonmr. ,nd the said Omntipra hereby covenant and agree ffmt they wilt warrant spsc9aily the hereby conveyed, N 1M7 4M 1N'HMMOF, the awd Gran#ors have hereunto set #*r hands and seals the day and Ymrfiral abm ee wry, SONO Seafrtl MW Dsf/ve? In ft Ve or Wtl.1.IAiiit Rlr=T BALLOU, JR, 6 00 274 PAC-1181 JAN-3-2007 11:20 STA-Ti Person setae f T0:18667327243 I OF ss. Y OF M this, the day of Apd1. 20%, before me. the undersigned often, personalty d MLLIAM RtPL.Y SA?LLOU, JR. Immn to = for *WWomQdty prauan) to be the Mom name is subscribed to the within instrument, and aolmowtegged v* he =wuted r the purposes therein oonbined. V WITNESS WHEREOF, t hereunto set my hand and official seas NOb" Publc STATE .?-M QACO I ifJ & - : as. COi3N OF Q)V S-CN , 4 this, then -r' dAy of April, 2006, berm me, the undersigned officer, persor4WIy appeared RUTH W. BALLOU known to me for sessfactortfy prvrre n) to be the pstt#on whose name is subscribed to the within instrumant, mid ackno rledged that she executed sarne For the purposes therein contained. WITNESS WHEREOF, I hosunto set my hand and off at ? a I.Aam A c Notary pliubc Z * 10,1010 B60K 274 F84162 JAN-3-2007 11:20 TO:18667327243 STAli OF 1ykPl ^4 . cQU OF On this, the I day of Apnl, 200, bdfgtt? me, the undenigned o!'ficer, personally appeated WILLIAM RIPLEY BALLOU, JR. known to me (or * praven) to be the person whose name Is subscribed to the within instrument, and aduxWedged Und he exe d same r the purposes therein oorituUmd. STATE WITNESS 1NNEREOF, I hereunto set my hand and dkw seal. ?z Notary Publl ,S Novay of m"We mr comml T ter t, 2007 OF n this, the clay of A0. 2406, bdore me, the undenWunod ofter. pemormlly asipQeea RUM W. F.iALLOU known to Me (or saildecto;y proven) to be the person whose name is to the within instrument, and aftowk dged that she exem4ad ,,,suns for the pa, th"n contained. 1 ?+ l WITNESS WMEREOF, I hereunto sO my hand out offidal seal. /17 Li 71 A P CC otl d Notary Public 8 w A. S- a ru O ?b ASS 1+7 ? W x 274 PAGEU$3 V7 W wM, I+ Ir ..+ F.f ?y III ?'??Q?d 47 rt?L7?? 44? t? ? W EXHIBIT C JRN-3-2007 11:22 T0:18667327243 Qae ` 3 °?-1?- Olen -?u? THIS DEED TAX PARCEL NO. 39-14-0267-009 : Mad4 the 24th day of May, in the year nineteen hundred and nine !l (1996) Hark EN RICRABA A.'sTRATZR, single teen, of North Middleton Township, Cumberland County, Pennsylvania, grantor or Party cf the First part, AND REGORY J. aAQEN and MR43:4 M. IMGRN, husband and wife, of DeldW re County, Psnnaylvonia, Grantees or Party of the second PArt. TNSSS, That said party of the first part, for and in consi eration of the sum of 192Y MY-WINE TFOUSAND NINE MMDRYA ($79 oo.oo) DoMaRS, lawful money of the Gaited GtAos of Ameri a, well and truly paid by the said party of the second part to th said p4rty of the first port, at And before the sealing epd d livery of these presents, the reosipt wharAof is harrby ackno ledges, has grankeQ, bargainad, sold, aliened, enfeoffed, relea ed, convoyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, dohVey, ahd confi unto the %aid party of the second part, their heirs, aucce sons and assigns; All that hereafter described real eatate ly4ng and ¢ing situate in Southampton Township, Cumberland county, Pennsylvania, bounded and dcsoribed as follows: BEGINNING at an existing atone pile at corner c mmon to lands now or formerly of A. Baker and Tract 0 bereln; thence along Tract No. 2, North 3 degrees 11 m nutes 36 seconds West,•395.39 feet to an sxisting p st at corner ax Tract No. 2 heroin and lands now or r rmerly of Nehf; thence along lands now or formerly of MC, North 00 degrees 59 minutes 59 seconds West, 4 3.84 foat to a set iron pint thanes continuing along I nds now or formerly of Nehf, North-86 degrees 08 M notes 41 RecondR West, 560.21 feet to an existing p et; thence along lands of the same, North-17 degrees 2 minotet 26 zeconds Nast, 346.50 fast to a railroad a. lke in Township Route T-323; thence in Township Routo T' L' 323, South 79 dognees 38 minutes 18 eeconds Kest, AW 133 FACE1055 JRN-3-2007 11:22 147, 4 reset to a railroad spike; tb*bce south 17 degrees East, 561.00 fe•Pt to an 4:Xii tang pogt;the=e axon the same, North a1 degrees 3a minute* 52 seconds Fast, 150.41 fact to an existing poet; thence along the name, South 14 degrees ,01 minutes 31 secondp Boat, 326.3 feet to a set iron pin; thence along the same„ South 12 4dgress 45 minutes East, 412.so feet to an oxist ng stone pile, thence Alohq the sglwr North 8o degre s id minutes 02 seconds Bast, 373,40 feet to the place o AMTMNG. 1?NFRiG 10.842 Acres more Or less, according to the Art of survey of John R. Kissinger Sated Octobar 13, 1 83. Being Treat No. 1 thereon. B INNING at an azietinq atoha pile at corrAr common to Tract NO. 1 herein and lands now or formerly of A. er; thence along lands ro*W or formerly of A. Bakmr, North as degrees 50 ninutse 04 seconds East, 380.71 fspt to a set iron pin; tl34MCO cohtinuinq 41*Ag .lands of A. Bakex, South 43 degrmos hest, 633,35 feet to an existing stuns pile at lin* Of lands now or formerly of xiliisM Parner; t4once along lanes now or f,ormwr y of wi11iem 2'arner, Nom 91 dogreac 5 minuts Sec des East, 3sa.5o feet to all existing stone pile; themoa ontinuing alOhg the some, South 77 degqseas 24 minutes 22 seconds Bast, 278.65 feet to an pttieting ntons p Is at line of lends of whim the omnars are not known; hence Along said lands, North 32 "gXea6 38 minutes 33 Seconds Sant, 507.14 toot to a point at pine of Undj now or formerly of Kalsoi thence along lands now or ormerly of Kelso, !forth 47 4s7ress 14 minut" 32 seoo ds hest, 352.07 feet to Ah exising story pile; thence continuing along the game, North 47 4egress is minutes 6 seconds tre,.t, 287.57 feet to an iron pin set at line of lands now or formerly of MM4, thence along xnnds now or formerly of Nwhf, South 99 degrowra 21 minutest 23 seconds Nest, 431.25 feet to an dRaating poet at line of Tract No. 1 heroin; thane* alexhq Tract No. a, y uth :1 deg;eoa 11 minutes 36 Seconds Bast, 745.39 f at to the place of BEGINKINC. to the dated NG i1.583 acres, Ivor* or less, according of survey of Johh R. Kissinger, R. S. , 13, 1383. Being Tract No. 2 thereon. T0:18667327243 UK 139 I7kPO,% JAN-3-2007 11:22 T0:18667327243 HIM that same premises which Margaret Etta nurno, single woman, by her Deed dated septoftbc.F 12, 1994 and recorded on Saptember 16, 1994 in the Cumberland County Recordar of Deeds Office in Dead Hook 1x1, Page 1123, granted and conveyed unto Richard W. strayer, Grantor herein. TOGETHER with all and singular tenemento, hereditasente and app enancea to the same belonging, or in any way appertaining, and a reversion and reversions, remainder or r:YL=ars, rents, issu a and profits thereof; AND ALSO 'all the estate,' rights., tits ' interest, property, claim and demand Vitatsomeri. bath in taw nd equity, of the Mkid party of the first part, -of, in, to or d t of tha said premises, and every part and paroal thereof. To HAVE AND To HoLD the said premises, with all and singular the ppurtenanceF, unto the said party of the second part, their heir successors or assign, to and for the only proper use and beho f of Paid party of the second part, their heirs, succ*nsars and Reigns forever. AND the said party of "a first port, his hairs and assigns, does by these presents, covenant, grant and agree to and with the said party of tha second part, their heirs, aueeesaors and Assigns, that the said party of the first part, his hairs, aucc ssorm aed assigns, all and singular the bcradit=v.Mts and preen ees heraln above desorlbed and grAnted, or mentioned and into ded no tp he•r with the appurtenances unto the said party of the eoond part, their heirs, successors or assigns, against tbo said party cf the first part and his hairs, successors and aasi ns, and against all and every other parson or persons, xholn Ao"mr, lawfully claiming or to claim the same or any part Cher f, by, from or under him, her, them or any of them, ;hail and 111, subject to aforesaid SPECYALLY WARRANT and DEFEND. WSTUSS dP; the said party of the first part has set his hand and seal, the day and year first written , Sealed and Delivered n the pr4sence of char ay 8001( US PACF1057 JAN-3-2007 11:23 cls"Mial wMn th Of Pennsylvania SS County of Oberland On this, the 24th day of Hay, 1996, before me, thq undersign d officer, persotmily appeared, RICKARD W. STRAYER known to a or satisfactorily proven to be the pitzgcm whose name in subscribed to the Within instrument, and acknowledged that he nxncuted the vithin instrument for the pu pene heroin' contained and With R intent to be legal bound. IN WI SS WHEREOF, 1 have hereunto eat My blind and notarial nnnl. T0:18667327243 MY commiscion Expiran..: arq Ste„ ?..... <i FwMR%wA 01 GPM" c+ CERTIFICATE OF RESIDENCE I hereby certify that the precise 2- aai8enort of the Cx:8itc? ?;•:. ' hr.rain is t, fOllOVS: Cd 711 AtrTLMCU- AvsJ-1 ro J?+?.?rs.J _ Attorney or AdJIn OfO Graht.t- gif logo r a :• '? . 1-1 4 _ X? 11 s 101 Z 1 Page 1 of 1 Detailed Results for Parcel 39-14-0167-009. in the 2004 Tax Assessment Database DistrictNo 39 Parcel-ID 39-14-0167-009. MapSuffix HouseNo Direction Street WALNUT DALE ROAD Ownerl HAGEN, GREGORY J & MARIA B C/O PropType A PropDesc LivArea 1342 CurLandVal 74620 CurImpVal 3320 CurTotVal 77940 CurPrefVal Acreage 22.42 C1GrnStat Tax& 1 SaleAmt 79900 SaleMo 05 SaleDa 28 SaleCe 19 SaleYr 96 DeedBkPage 00139-01055 YearBlt 1900 HF File_Date 03/07/2005 HF_Approval_Stat us D httn-Htaxrlh rnna nbt EXHIBIT D JAN-3-2007 11:53 FROM:CUMBERLAND MADE ME I 8ETWEEN ] martin) wort) the first part, acrd ROB] Southampton TO:18667327243 !+?ntftr f`. LIEGU-P ;;.i'tI ND 1 `f :'lny .10 1'f?l 3 3G Tax Parcel No. THIS .SEED qft-d"Y q)i.fa mm#7 in thAyear of our Lord two thousand four (7004). RBARA ANN BENDER, also known as BARBARA A. BENDER, of Southampton Township, Cumberland County, Pennsylvania, party of (.:raafor. G. BENDER, and BARBARA A. BENDER, husband and wife, of nship, Cumberland County, Pennsylvania, parties of the second part, Grantees. WITN SSETH, that in consideration of One ---($1,00) .--Dollar, in hand pair!, hAh the receipt w reo f'is hereby acknowledged, the said Grantor does hereby grant and convey to the', in {;ranteet, their heirs and assigns, as rmankr by the entirety, ALL OSE TWO certain tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded. and described in accordance with Finxl Subdivision Pi nn for Chester Leon Nehf, prepared by John R. Kissinger dated Dcccmbar 29,198a, a co y of which is recorded in the hereinafter named Recorder's Office in Plan Book 57, Page 121, as follows; Okla NING at it point in the center line of Township Road T-323 at the dividing linc b twee)1 Tracts Nos_ I and 2 herein deccribcdt thence from said point at the place of begin ng along the dividing line bctwcan said Tracts Nos. I and 2 the following courses and dis ces: (1) North 87 degrees East in Township Road T-323 a distance of 257,4 feet Iv a point of the center line of Township Road T-323; and (2) South 07 degrccs 30 minutes Eas a distance of 460.35 feet to a point at corner of land now or formerly of Margaret Burns thence along line of said land now or formerly of Margaret Burns North 88 dcgrt&s 30 n inutes West a distance of 572.55 feet to a point; thence still along line of Sald land now t+ formerly of Margaret Burns and crossing said Township Road T-323 and continuing ong line, of hint) now or formerly of Bessie Witmer, North 16 degrees West a distance of 803.55 feet to a point; thence still along line of land now or formerly of Bessie Witm , North 83 degrees 45 minutes West a distance of 1139.02 feet more or lea to a point a the Southeastern comer of Lot No. 1 •whicb was conveyed by Chester Lcon Nahf, widower, to .his grandson, Stcvon Ray Bender and his wife, by deed dated May 30, 1989 arid recorded Junc 6, 1989 in the hereinafter mentioned Recorder's Office in Decd Book "Z", Volume 33, Pagc 393; thence along the, Eastern line of said Lot No. I now or formerly of Stcven Ray Bender and wife, North 02 degrees 16 minutes 16 seconds West a distance of 1026.60 feet to a rmint in line of land now or formerly of Harry Durkhold r; thence along line of said land now or formerly of Harry Burkholder the following three courses and distances; (1.) South 87 dcgtces 00 minutes East a distance of 1035, 69 feet mom or less to a point; (2) North 12 degmes Wcsi. a distance of B110K 262 rw4664 JAN-3-2007 11;54 FROM:CUMBERLRND 227,7 feet to is point; and (3) North J.6 degrees 45 minutes East a distance of 636.9 feet to a point at the' dividing line between Tracts Nos. 1 and 2 herein rlescribcd: thence along tie dividing ine between said Tracts Nos. I and 2 the following four (4) courses and distances: (t South 76 degrees 30 minutes )vast a distance of 833.25 feet to a point; (2) South 0) de rtes 30 minutes Wcst a distance of 775.5 feet v5 a point; (3) South 2U degrees Wes a distance of 557.7 fact to a point; and (4) South 06 degrees 15 minutes East a distan of 628.65 feet to a point in the center line of said Township Road T-323 Al the place of EGINNING. ABOVE-described Tract No. 1 contains an area of 63.52075 acres, more or less. BEG ING at a point in the ecrger line of Township Road T-317 known as South Moun 'n Estates Road in line of land now or formerly of Harry Burkholder described in .umbcrland County Decd BooL• 29 "S" 666; thence from said point at the place of beg' ping alone dtc center line of said Township Road T-317 and land now or formerly of orman Swindler described in Deed Book 22 "T' 665, South 85 degrees 30 minutrsc Eas a distance of 891.0 feet to a point in the center line of said road at corner of land now or ormerly of South Mountain Estatcs; teats along line of said land now or formerly of ouch Mountain Estates and along line of land now or torrnerly of Linda Mw tu. Sou 1 16 degrees East a distwtce of 2316.6 feet to a point at comer of land now or f grrncrly of Stewart Herritt; thence along line of said la»d now or formerly of Stewart lictritt , Sou 11 degrees 15 minutes East a distance of 495.0 feet to a point; thence still along line of said land now or formerly of Stewart Hcrritt and crossing Township Road T-323 and continuing along line of land now or formerly of Henry Friesc, South 04 dogrecs Gast a distance of 1011.45 feet to a point; thence South 86 degrees 30 minutes West a distance. of 945.45 feet to a point which is a corner of land now or formerly of Margaret Bu ; thence along line of said land now or formerly of Margaret Burns, North 01 dcgroes 3 minutes West a distance of 425.7 feet to a point at comer of Tract No. l hcreinabove described; thrmce along line of said Tract No. I hereinabove described the following si (6) courses and distances: (1) North 07 degrees 30 minutes West a distance of 460.35 f t to a point in the center line of Township Road T-323; (2) thence in Township R ad T-323 South 87 degrees West a distance of 257,4 feet to a point in the center line o said Township Road T-323; (3) North 06 degrees 15 minutes West a distance of 628.65 feet to a point; (4) North 20 degrees Exist a distance of 557.7 feet to a paint: (5) N rth 03 degrre 30 minutes East a distance of 775.5 fcct to a point; and (6) North 76 degrees 30 minutes West a distance of 833.25 feet to a point in lint of land now or formerly of Warry Burkholder described in Deed Berk 29 "S" 666; thence along line of sald land now or formcriy of Hatay Burkholder North 16 degrees 45 minutes East a distance of 8 4.5 feet to a point in the center line of said Township Road T-317 known as South Mount-Ain Estates Road at the Place of BECIWNING. THE ABOVE-dcscrlbcd Tract No. 2 contains a gross area of 86 acres 26 perches, From which here is exclµded the tact of land 110 feet by 1.75 feet containing 19,250 square feet o 70.707 perches more or less which is excepted and reserved, leaving a net nma of 85 a cs and I IS perches more or less. THE SAID tract of land excepted and reserved from the above-describol Tract No. 2 is all the tract of land which C. Leon Nehf and Mildred E. Nehf, husband and wife, by d dated June 17, 1960 and recorded June 28, 1960 in the hereinafter named Recorder's Office in Decd Book "X", Volume 19, Page 2;19, granted and conveyed to Robert C. 13 ndcr and wife- THE, ABOVE-described Tract No. 2 is subject to a 15 feet wide right-of-way for a private Tan to be used in common with the owners of the land excepted and reserved from the abo c-described Tract No. 2, as described in said deed T=orded in Deal Book "X..Volum 19, Page 239. 70:18667327243 idit 292 PACE4666 JAN-3-2007 11:54 FROM:CUMBERLAND THEj ABOVE-dcscribcd Tract No. 2 has thereon crectcd a dwolling house and other improvements and has the mailing address of 577 South Mountain Estates ]toad, Shippcnsburk,Pcnnsylvania 17257. THE ABOVE-described Tracts Nos. I and 2 are all of the same pretnises which wcm disbib ted to Barbara Ann Bcndcr, the Grantor herein, by Order of the Orphan's Court of Cu berland County, Pennsylvania, iA t11e Bstate of C. Leon Nehf, dated January 11. 2000. an recorded January 11, 2000, in the Office of the Recorder of deeds in and for Cumber] nd County, at Carlisle, Pennsylvania, in Doed Book 214, Page 839. THE WITHIN conveyance is from wife to husband and wife and is, thcrcforc, exempt from tmalty transfer truces imposed by the Commonwealth of Pennsylvania, Township of Southampton, and Shippensbtlrg Arca SchQo1 District, AND he said Grantor does hereby covenant and agree that she will warrant SPECIALLY he property hereby conveyed. IN W NESS WHEREOF, said Grantor has hereunto set her hand. and seal this day and year first above written. Signed, Seated, and Delivered in th ,Presence ef' MAL) $arbara Ano Bender 2 1 YQ'&417 ( - ?' r _{SEAL) Barbara A. Bcndcr Cnmmgrz"1 alt of Pennsylvania YU. C:nunty of Cgff, bertand cwt f On tills the ,/41- day of ry 2004, before me, the un4rsigned oricer, pcr,•onalty app erred BARBARA AMUENDER, also known as. BARBARA. A. BENDER, kno n to me (or satisfactorily proven) to be the person whose Warne is subscribed tot within instrument, and acknowledged that she ezecrAred the same for the purposes therr, n contained. IN W17,SS WHEREOF, I hereunto ter my hand and official seal, C 'J-?? l _ (SEAL) 7>•t911AA.trtns. neaouoNOCauer,eve. co..PA 1 do her by certify that the precise residence and complete port office address of the within dame. Grantee is 577 South Mountain Estates, Shippensburg, Pennsylvania 17257, this to be rceor ed ? ???t?3 d Cout,ty A tt «n,berlan Attorney for Grantee r A. f? s_ BOOK 262 PW46 f6 TO:18667327243 Page 1 of 1 Detailed Results for Parcel 39-13-0104-069. in the 2004 Tax Assessment Database DistrictNo 39 Parcel ID 39-13-0104-069. MapSuftix HouseNo 577 Direction Street SOUTH MOUNTAIN ESTATES Ownerl BENDER, ROBERT C & BARBARA A C/O PropType A PropDesc LivArea 1934 CurLandVal 367130 CurImpVal 103220 CurTotVal 190530 CurPrefVal 87310 Acreage 149.68 C1GrnStat Y TaxEx 1 SaleAmt 1 Sa1eMo 05 SaleDa 10 SaleCe 20 SaleYr 04 DeedBkPage 00262-04664 YearBlt 1840 HF File Date 01/04/2006 HF Approval_Sta us D httD://taxdh.ccna nr.f JRh' 3-2007 11:54 FR0M:CUMBERLRND +1 , t tft•tlT--W?r..?etr Deal. btwn edrm. At M MO. 1111.101 MmL III! tl.err ,,.U. t,1... ,Mt.e•. Yn. l T0:18667327243 c:ll?.RSi•J 7•39 , . MADE TH i.j j7 k.• day of June in the year ++J ofer Lnril ne thousand nine hundred and sixty (1960) j ? J;L'TIVEEN C. LEON NEHF and MILDRED E. NEHF, his wife, of R. D. 2, Shippensburg, Cumberland County, Pennsylvania, Grantors, Rnd R BERT C. BENDER and BARBARA A. BENDER, his wife, of R. D. 2, S ippensburg, Pennsylvania, ? Grsan . t tees , WITNESSET , that in consideration of ONE HUNDRED DOLLARS ($100.00) j 1 } i+? hard paid, i c reacipLft+ltereof is hereby ackno Dollars, ioledged, the said grantors do hereby grant 1 j ufvl convey to he said grantee s , ALL that certain lot of ground situate in 4 Southampto Township, Cumberland County, Pennsylvania, more fully bounded and describ d as follows: BEGIN ING at a point in the center of a fifteen (1S) foot wide private j lane at point Five Hundred Forty-three (543) feet South of the inter- section, of the said private lane with a hard road which runs through ? Chestn t Cross Roads to Shippensburg; thence along the said lane in a South rly direction One Hundred ten (110) feet to an iron grin; thence in a We terly direction with right angles of the said lane along lands of the Gra tors herein One Hundred Severity-five (175) feet to an iron pin; thence i a Northerly direction and parallel with the said private land along of or land of Grantors One Hundred ten (110) feet to an iron pin; thence b the same, in an Easterly direction One Ilundred seventy-five (175) fee to an iron pin in the center of the said private lane, the place of EGINNING. THE said Grantors further grant and convey to the Grantees, their heirs and assi ns a right of way in common with the said Grantors, their heirs and assigns over the said 15-foot private lane leading from the above de cribed lot to the above mentioned hard road. SEIN a part of a larger tract of land, known as Tract #2, which John Gutshall an Catherine Gutshall, his wife, by their deed dated December 23, 1944, and re orded in the Office of the Recorder of Deeds in and for Cumber- land County in De d Book "W",Vol. 12, Page 433, conveyed to Chester Leon Nehf, also known as C. Leon Nehf, and Mildred E. Nehf, his wife, Grantors herein. Tran action between parent and child. pr' 1Real Eslrt? its nttji T?x4 ' a?tr ?r o ,t - i j AND, the said graneo s , de' hereby covenant and agree to and with the said grantee s, that I they. the pra tor S, their heirs, executory and administrators, shall and will war- rant GENERALLY and forever defend the herein above described premisar. with'the Aar ditatnonts and appltrtenances, unto the said pranfres, their hairs azid aseigny, against the a grantors , and against ovary other person lawfully claiueinp or who shell hereafter claim the sa c or any part thereof, I • `l, JAN-3-2007 11:55 FROM:CUMBERLRND r T0:18667327243 1 IN'MITj4r%R'HEREQF, said Dranto?s. •haveherefr?eto set their Bands and seals the day G*d yrdaFTjt above written ow"A, AsaleA nub $llumb ? . to ibr 34lrertur of • -•'? ^...... exa'a. ........? /g E ..feL. .. ........... State of PENNSYLVANIA Coknty of CUMBERLAND se' On this, the i a Notary Public c v day of June , 18 60 , before , Inc for said County and State, me, the undersigned officer, Personally appeared C. Leon Nehf and Mildred E, Nehf, his wife, known to me or saWaotor aw Proven) to be the person s whose name s are. subscribed to the with- in inatrame . "d,aek+wwledyed that they ,,, ed same for the yOi; Y' 'S 17 ESS WHEREOF, I hereranto set my h PurD°sts therein contained. Y and and o9ioiol seal. .r uror:h Yt.l. ?- c q F t G? 1-4117 PvbMUD IL Cumbwaad Gmfy i.S tiftp. __..1IIti.mF,katn?Ae?xmeR:_ Ytvr. ? RA.3A?7._ Gp•. r' Title of Qficer. TpY 'y'am` I do hereby Certify that the Precise r ofrtll,?ithirr ?,Inffct praxtee i$ R. D. 2, Shippensb =d compute post office address t?-•?+?. 9,' Pennsylvania VV ... Attorney Q , W 4 w m Iz t: w w . r+. O A W - - ` . to z z V W w w H ,,at v ae COMMONWE L H OF PENNS LVAN County of - ........ Ee. RECORDED on this__ ry/Q? dlC UK UFI ?:f Or 111f „'-,V-••... ---......._ day of _ RECORDER OF Fk?JS A. D. lv.Ag in tl6e RCCOfYtB??B Orme of the 9atd C01tGn%??--• -• -• . , in Deed Book //A?? r Vol, ..-••-- Gevenhand nd the seal of the said otTce, the date above •foritten ??bRERtAN4 COI/NTY Prnnar:vr,RU •' ...... Recorder. N R?y 4 Page 1 of 1 Detailed Res ults for.Parcel 39-13-0104-068. in the 2004 Tax AssessmentDatabase DistrictNo 39 Parcel ID 39-13-0104-068. MapSuffix HouseNo 575 Direction Street SOUTH MOUNTAIN ESTATES Ownerl BENDER, ROBERT C C/O PropType R PropDesc LivArea 1176 CurLandVal 19170 CurImpVal 90210 CurTotVal 109380 CurPretVal Acreage .44 C1GrnStat TaxEx 1 SaleAmt SaleMo SaleDa SaleCe SaleYr DeedBkPage YearBlt 1964 HF File_Date 12/01/2004 HF Approval_Stat? s A EXHIBIT E EASEMENT AGREEMENT DS +T r'-PA Oy ?UL 1 y Ply 2 0.1 THIS EASEMENT AGREEMENT ("Agreement"), made this day of June, 2004, by an between CHRISTEN P. GILBERT and MOLLY NI. GILBERT, husband and wife, residing, at 1208 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania (hereinafter 'Grantors"), and W. ANDREW STEELE and DANIELLE M. STEELE, husband and wife, re iding at 17 Kower Court, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter 'Grantees"). WITNESSETH: WH EAS, the Grantors own a tract of land situate in Southampton Township, Cumberland R ounty, Pennsylvania (the "Property"); and WHE AS, Grantees own a landlocked five-acre tract of land to the southwest of the Property in Southampton Township, Cumberland County, Pennsylvania; and WHEREAS, in order to provide for the proper ingress and egress for persons and motor vehicles to an from the five-acre tract of land, Grantors are willing to grant unto Grantees a perpetual ease ent over the Property (the "Easement Area"); and WHE ,AS, the parties hereto desire to delineate the rights and duties which they and their heirs, successors and assigns intend to assume in regard to the aforesaid Easement Area. NOW, THEREFORE, in consideration of One Hundred Dollars (5100.00) and the mutual promis s, covenants and agreements herein contained, and other good and valuable consideration, nd intending to be legally bound hereby, the parties hereto covenant and agree for themselves and their heirs, successors and assigns, as follows: 1. he recitals set forth above are incorporated herein by reference as if set forth fully. 2. Grantors hereby grant and convey unto Grantees, their successors and assigns. a perpetual ease ent over the Easement Area for use of a dirt lane (the "Driveway") for the ingress and egress of persons and motor vehicles to and from the five-acre tract. The Driveway is more particularly shown on a certain Land Survey by Carl D. Bert, dated July, 1983, and attached hereto as Exhibi "A" and incorporated herein by reference. ?. Neither party shall be required to construct, maintain, repair or replace the improvements described in Paragraph 2 herein; provided, however, that either party may, at their own cost and expense, perform any maintenance or repairs required and provided that such maintenance or pairs shall not interfere with the other party's use of the Driveway. And provided, furthe that Grantees, their successors and assigns, shall maintain and repair the Driveway for any damage caused by excessive or heavy traffic from motorcycles, dirt bikes or all-terrain vdhicles, operated by Grantees, their invitees, successors and assigns. In the event that the Grantees construct a primary residence on the five-acre tract of land, Grantors and Grantees shall mutual y agree on any maintenance or repairs required to Driveway and shall apportion the costs and expenses equitably. 4. Grantees shall not build or maintain, or permit to be built or maintained, any other structure on the Easement Area other than the Driveway set forth in Paragraph 2 herein, and no obstructions all be erected or permitted upon any remaining portion of the Easement Area, including, bu not limited to, signs or fences. 5. The Grantees hereby agree to indemnify and hold harmless Grantors, their heirs, personal representatives, successors and assigns, against any and all demands, suits, judgments, claims, damages, liabilities, expenses or obligations incurred by Grantors in connection with the use of the Easement Area, or the Driveway, whether by use of Grantees or their invitees, including, buZrazranh- effect to this Except as otherwise expressly provided herein, all easements. covenants, 6. ot limited to, reasonable attorney's fees and costs which may be required to give obligations and agreements hereunder shall be perpetual in nature and shall run with the land and the properties benefited or burdened by such easements, covenants, obligations and agreements; provided however, that no party hereunder or any successor to such party shall be liable for acts or omissions o curring or obligations arising after such party or successor conveys fee simple title to its respective property. The parties hereto. for themselves, their successors. assigns, heirs and personal representatives do covenant that the agreements herein shall be binding on the heirs, executors, administrators, representatives, successors and assigns of the parties hereto. 7. his Agreement shall be construed in accordance with the la\t-s of the Commonwealt of Pennsylvania. ?. his Agreement contains the entire understanding between the parties hereto, and supersedes any rior written or oral agreements between them respecting the written subject matter. There a -e no representations, agreements, arrangements or understandings oral or written, between the parties hereto relating to the subject matter of this instrument, other than as referred to herein. 9. 7 this Agreement. is Agreement may be amended at any time in writing signed by all parties to -2- IN WITNESS WHEREOF, the parties hereto, have hereunto set their hands and seals the day and year first above written. WITNESS : t W. ANDREW STEELE AANIELLE M. STEELE "Grantees" -3- CHRISTEN P. GILBERT C ? w COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss. On is, the a? ?kt day of June, 2004, before me, the undersigned officer, personally appeared CHRISTEN P. GILBERT and MOLLY M. GILBERT, husband and wife, known to me (or satis actorily proven) to be the persons whose names are subscribed to the within instrument, and executed the foregoing instrument for the purpose therein contained. IN ITNESS WHEREOF, I have hereunto set my hand and official seal. I Notary Public I Notarial Seal i Beverly A. Carre ', rnp, Notary Public uilfard T_,,' P., rrankiin county € My GCornmission Expires Dec. 4, 2004 Member, Pennsylvania Association of Notaries i i I I I -4- COMMONWEALTH OF PENNSYLVANLA ss. COUNTY PF (L)M bt?r1 ct Pjd ?Tu ly On his, the 124'"- day of RM, ?004, before me, the undersigned officer, personally appeared NN', ANDREW STEELE and DANIELLE M. STEELE, husband and wife, known to me (or satis actorily proven) to be the persons whose names are subscribed to the within instrument, d executed the foregoing instrument for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 90NW? E_'A?_0F PENNSYLVANIA Notarial Seal Notary Public istin H. Messick, Notary Public :rAllen TwP., Cumberland Cowtty ommission Ex ires Oct. 29.2007 Pennsylvania Association of Notaries -5- EXHIBIT F 1 ? ? F d J G Cer / -? y.r t? Jrr'? ... 1983 I '? h 1 /j.?'?7 ° c 4fo h 01, GREGORY J. HAGENxo ?? lob f 139-1055, TR. /2 I rye. i /<<q' N 30'01'0 1 " E ; 23 177.86' /* S S ? ? sroti?0? _STop4FS,a N BO3_ 3'44' H s gS4F 278.09' STONES N 28'45'05 E 147.86' LEWIS K. MITTEN s Nss oF?flycNn ?3B61 s y? W-35-1134 ? S? f- ??psso 4c'hj?s' l/ STS /p sTONS ? s o° h ? AO/ ? r CERTIFICATE OF SERVICE I, Er c R. Augustine, Esquire, hereby certify that I have served the foregoing Petition to Appoint Bo4rd of View, this date by depositing a true and correct copy of the same in the United States mail, First-class postage prepaid, addressed as follows: J. Scott Trayer 60 Shellbank Court Carlisle, PA 17013 Gregory J. Hagen and Maria B. Hagen 11 Tall Tree Circle Broomall, PA 19008 Robert C. Bender and Barbara A. Bender 577 S. Mountain Estate Road Shippensburg, PA 17257 Dated: ?A r S , 2007 T- KEEFER WOOD ALLEN & RAHAL, LLP By / ?- Eric R. Augus ' e W. AND EW STEELE and DANIELL M. STEELE, P TITIONERS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. SCO TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B HAGEN, RESPONDENTS 07-0190 CIVIL TERM D NOW, this the (a) (b) (c) (d) (e) (f) ORDER OF COURT day of February, 2009, following a review of to require joinder of additional parties and the answer filed thereto, IT IS that the following parties shall be joined as additional defendants: Richard E. and Kimberly N. Bard (Tax Parcel I.D. 39-14-0165-001E) 221 Walnut Dale Road Shippensburg, PA 17257 Kevin G. Young (Tax Parcel I.D. 39-14-0165-028) 227 Walnut Dale Road Shippensburg, PA 17257 Stanley E. and Georgiana R. Rickrode (Tax Parcel I.D. 39-14-0165-29A) 8 Cabin Lane Shippensburg, PA 17257 George P. Stojkovich, Jr. (Tax Parcel I.D. 39-14-0165-029B) 10 Cabin Lane Shippensburg, PA 17257 Catherine M. Williams (Tax Parcel I.D. 39-14-0165-033A) (for 20 Cabin Lane) 6 Gilbert Road Shippensburg, PA 17257 Bruce K. and Patsy A. Rotz (Tax Parcel I. D. 39-14-0165-033) (for 40 Cabin Lane) 457 Airport Road Shippensburg, PA 17257 (g) William E. and Kerri E. Ferris (Tax Parcel I.D. 39-14-0165-034) (Cabin Lane - no number, vacant land) 51 Chestnut Grove Road Shippensburg, PA 17257 John A. eichtel, Esquire For Petiti ners David W. DeLuce, Esquire For Eliza eth D. Snover and J. Scott Trayer Nathan Wolf, Esquire For Greg ry J. Hagen and Maria B. Hagen Dale F. hughart, Jr., Esquire For Robert C. Bender and Barbara A. Bender William Duncan, Esquire For the Bard of View Edgar B. Bayley, J. :sal Iq Tax I.D.: T His DEED 0i :- THIS }b day of (i [ in the year of our Lord two thousand and seven wZ) 2• ?'t? E EN SIMBERLYM. BARD, formerly known as %IMBERLYM. REED, CL- married woman, of 221 Walnut Dale Road, Shippensburg, Pennsylvania hereinafter referred to as Grantor S AND RICHARD - BARD and %IMBERLYM. BARD, husband and wife, of 221 Walnut Dale Road, Shippensburg, Pennsylvania, hereinafter referred to as Grantees SSETH, that for and in consideration of the sum of ONE DOLLAR (,°61.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey, in fee simple to the said Grantees, as tenants by the entireties, their heirs and assigns, that certain lot or piece of ground situate in the Township of Southampton, County and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a point in the center of Township Road T-323 at comer of lands now or formerly of Glen Plaster, said point being northwesterly most corner of the within described premis ; thence South 10 degrees 37 minutes 45 seconds West 337.77 feet through an iron referee pin and along said Plaster land to an iron pin for a comer in line of land now or formerly of Cal Cramer; thence North 89 degrees 13 minutes 5 seconds East 268.58 feet to an iron pin for a comer, said being in line of land now or formerly of Richard Ott; thence along line of Ott land North 9 degrees 28 minutes 23 seconds East 300.85 feet to an iron pin for a comer, thence South 88 degrees 28 minutes 25 seconds West 30.42 feet to an iron pin for a comer; thence North 80 degreeq 38 minutes 54 seconds West 279.86 feet to the point and place of BEGINNING. 'AINING 1.896 acres, more or less, exclusive of dedicated right-of-way area. BEING the same real estate that Theresa Mae Freilicher, single woman, by her deed dated July 22, 2004, and recorded in Cumberland County Deed Book 264, at Page 1975, conveyed to Kimberly M. Reed. The said Kimberly M. Reed is now married to Richard E. Bard, and is known as Kimberly M. Bard, the Grantor herein. THIS IS A TAX EXEMPT TRANSACTION FROM WIFE TO HUSBAND AND WIFE WO 279 Pacf38b6 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ii nd the said Grantor hereby covenants and agrees that she will warrant specially the hereby conveyed. WITNESS WHEREOF, Grantor has hereunto set her hand and seal the day and year first ab ve written. Signed, Sealed and Delivered in the PIresence of '1?" ? M-g &,:i- -- erly MC?W t?- I --- &*/ - Ki y and sm 279 PAGES WEIGI E & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 [WEALTH OF PENNSYLVANIA SS OF for whose for the I do 221 Date: In this, the al?&ay of _, 2007, before me, a Notary Public in and County and State, the and igned officer, personally appeared K11VIBERLY M. BARD, known as Kimberly M. Reed, known to me (or satisfactorily proven) to be the person ame is subscribed to the within instrument, and acknowledged that she executed the same urposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAL Ndrw Bed L H*Y, N0WYPd* MyWjyj Apr.28.2-9t16 ;,,^+hflr, PannsvlvArtia AS , Rtk)n Of NOW" ,4a, L - IWO -&Vrf4? ic7q Notary Publi 61 ' certify that the complete post office address of the within named Grantees is Dale Road, Shippensburg, Pennsylvania 17257. kJ g_ / Attornfor tees t Certify this to be recorded in Cumberland County PA Recorder of Deeds boOK 279 PAGE3868 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ALL-STATEKLEGAL 800-222-0510 EDt1 RECYCLED It 11-1 9) ;1 ? ?1' 3?z Tax I.D.#: Iq-Iz/ &1G5_0Ar-"Zx THIS DEED , n cm a mow MADE the day of in the year of two thousand one 2001), BETWEEN, DENNIS E. OCKEN RRY and ARTHA BACHMAN, now :31 AR A HOCKENBERRY, husband and wife, of 227 Walnut Dale Road, a co Cl> Ship nsburg, Pennsylvania, hereinafter referred to as the Grantors, AND, KEN ' -mac o rn G. Y NG, of 111 N. Baltimore Avenue, Mt. Holly Springs, Pennsylvania, herel after referred to as the Grantee, s? WITNESSETH, that in consideration of the sum of Seventy Nine Thousand ($79.,000.00) Dollars, in hand paid, the receipt whereof, Is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantee, his heirs and ALL that certain tract of land situate In the Township of Southampton, of Cumberland, Commonwealth of Pennsylvania, more particularly ad and described as follows: BEGINNING at an existing iron pin in Township Route 7323 (Walnut Dale Road at line of lands now or formerly of Larry E. Ott, et ux; thence by lands now or formerly of Larry E. Ott, South 1 degree 12 minutes 41 seconds West, 474.13 feet to an existing iron pin at lands now or formerly of Clarence G. Toigo, et ux; thence along lands now or formerly of Clarance G. Toigo, North 86 degr s 40 minutes 36 seconds West, 200.72 feet to an existing iron pin In stone; at lands now or formerly .-of Stanly E. Rickrode, South 85 degrees 46 minutes 41 seconds West, 95.66 feet to an existing iron pin at line of lands now or fo rly of Theresa Mae Freilicher; thence along lands now or formerly of There Mae Freilicher, North 17 degrees 50 minutes 56 seconds East, 6.80 feet to an xisting iron pin; thence along the same, North 15 degrees 43 minutes 29 secon s East, 301.56 feet to an existing iron pin in Township Route T323 (Wain Dale Road); thence in said road by a curve to the right with a radius of 195.210 feet by a chord bearing of North 58 degrees 44 minutes 17 seconds East, 47.95 feet to a point; thence continuing in said road, North . 49 degrees 53 minutes 16 seconds East, 239.54 feet to the place of BEGINNING. t?Li;?` ''.;'c 668 CONTAINING 2.1382 acres, per survey of John R. Kissinger, R.S., dated October 1, 1997. BEING that same real estate that Stephen F. Kann and Tracey F. Kann, hus and and wife, by their deed dated July 31, 1991 and recorded in the Office of a Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Boo "N", Volume 35 at Page 739, conveyed to Dennis E. Hockenberry and Artha Ba man, now Artha Hockenberry, husband and wife, Grantors herein. r,,n.?o, AND the said Grantors will specially warrant the property hereby IN WITNESS WHEREOF, said Grantors have hereunto set their hands and the day and year first above written. and delivered in the presence of. (SEAL) Dennis E. Hocken rry Artha Bachman ?? Artha Hockenberry Bbo* 1239 "AGE 669 ACKNOWLEDGEMENT .TH OF PENNSYLVANIA: :SS OF CUMBERLAND M 11? t+ GA i? On this, the 16 day off$_, 2001, before me, a Notary Public, the ?rsigned officer, personally appeared, Dennis E. Hockenberry and Artha iman, now Artha Hockenberry, husband and wife, known to me or factorily proven, to be the persons whose names are subscribed to the in Instrument, and acknowledged that they executed the same for the ose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOQAIMALOW 0MLWB 9M CLWMMLAND CMWV INCOMMIMMM row"M 2M am Notary is My mmission Expires: I hereby certify that the precise residence of the Grantee is as follows: o _-9tit9 - ry N J? ? 1 ?p -'4 .L BbbK 239 `,iGi 670 t -1 . 951-11T-W-.. Ue.d, at..t Form, wet .1 1909. Hind. Sl,_. nr.rr 71.11, 1- l.).... Shod 3 9 MADE THE Z J day of September in the your ' of our Lord one thousand nine hundred seventy-six (1976), BETWEEN HAROLD LEE BECHTEL, single man, of 104 Locust Street, Shippensburg, Pennsylvania, hereinafter called the Grantor , + and STANLEY E. RICKRODE and GEORGIANNA R. RICKRODE, his wife, of R. D. 2, Shippensburg, Pennsylvania, hereinafter called the rI Grantee s, i, WITNESSETH, that in consideration of THREE THOUSAND ($3,000.OD)--_________--_----- -- ---------- Dollars, i in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees , their heirs and assigns, ALL that certain tract of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point of lands of Charles E. Ott, at pile of stones; thence by the same, South thirty and one-half (30'x) degrees West two hundred (200) feet to a point; thence by other land of Charles E. Ott, South eighty-five (85) degrees West two hundred (200) feet to a point; thence continuing by the same North thirty (30) degrees East two hundred (200) feet to a point at land of i Charles E. Ott; thence by the same North eighty-five (85) degrees East two j hundred (200) feet to stones at place of BEGINNING. ' BEING the same which Charles E. Ott and Betty M. Ott, his wife, by their deed dated February 27, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "V", Volume 25, Page 171, conveyed to Harold Lee Bechtel, Grantor herein. School Dist. Cumb. Co., Pa. 1% R..I E,W. T,.sfer T..I4 C0,Alr!ONV.1rA!T1i OF PCN\SY!VA-N:'•. Det. 7? Amt. ••- DEPAFiI.tEh.i OF REVENUE 44 0 ? 7 i R:; :: i 3 • 316 3 ?. U i C .?.mb. Ce. Dist. Col. A TAX NOV Cl __-_ o P.S.I 1162 ll??.?? C n A? 1 Crnc Zn A o mm.y W rn z?ou r<<>m tN-i • V T CT9 AND the said grantor hereby covenant a and agree a that they and each of them will warrant generally the property hereby conveyed. i BOOKW26 WE 479 IN WITNESS WHEREOF, said grantor ho a hereunto set his hand and seal the day and year first above written. liigneb, *tsleb anb ptlivarD •-! ?- jv?.--.... s,? 'klarol Lee Betel in fl7r T Vf1 ? .-..?...??._..?.__.?.._._.-_. ._ .._.__ saw State of Pennsylvania County of Cumberland J On this, the a 7tl day of September 1976 before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared HAROLD LEE BECHTEL, single man known to me for satisfactorily provenI to be the person whose name is subscribe{i,to-the Wifhr,'?•,• in instrument, and acknowledged that he executed some for the purposes there,lp-C ?t{ARefl, ? IN WITNESS WHEREOF, I hereunto set my hand and official seal. li; r MARY I. ELVERS, RCTARY PURLIC'•,',' ; i7i • .' Shippensburg, CwnoarlmW County, Pa •'/• E•, -1Viy l aom s"sst`on-Exlii163?01P r 2478 'r' 11,f1. -1-,- J+, Title of O ctfi r: " t I do hereby certify that the precise residence and complete post office address of the within named grantee is R. D. 2, Shippensburg, en ylvania. S tCJ'') ?I 1976 ?- f Aft ney for .51=0 s, ?C t -H E9 r to to a z W d AN w F O 3 w? in t) X ? W 94 .4 W o+ A W U a to COMMONWEALTH OF )ENNSYLVANIA County o? .??q,•,r,l?_ / L%?:.GGeGo?ls ss. RECORDED on this of A. D. 19_,!(/p., in the Recorderr's?fofficca of the said County, in Deed Book YY Vol. ........ page ---?/ F• Given under my hood and the seal f the said Office, the date above written. --`-?, Recorder. 000X\ *6 PACE 480 - ALL-STATET LEGAL 800-222-0510 ED11 RECYCLED q-7_39y Tax X.D.. THIS CORRECTIVE DEED THIS 0tay of April in the year of our Lord two thousand and five (2005). GEORGE A STOMOVICH, JR., single man, of 10 Cabin Lane, Shippensburg, Pennsylvania 17257, and STANLEYE. RICSRODE, single person, of 8 Cabin Lane, Shippensburg, Pennsylvania 17257 hereinafter referred to as Grantors GEORGE P. STOMOVICH, J2L, single man, of 10 Cabin Lane, Shippensburg, Pennsylvania 17257, hereinafter referred to as Grantee .J 1 TNESSETH, that for and in consideration of the sum of ONE DOLLAR ($1.00), in hand p 'd, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey in fee simple to the said Grantee, his heirs and assigns, ALL T T certain tract of land situate in the Township of Southampton, County of Cumberland and Co onwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING in the approximate centerline of a Private twelve foot Roadway at an existing iron pin co on to Lot 1 (herein described), Lot 2 and Lot 3; thence along Lot 3, South 27 degrees 47 minute* 17 seconds East, 69.40 feet to a set iron pin; thence along the same South 39 degrees 44 minute,, 21 seconds East, 15.45 feet to a point; thence South 39 degrees 44 minutes 21 seconds East, 9 .53 feet to a set concrete monument; thence along lands now or formerly of James B. Small,., South 31 degrees 14 minutes 41 seconds West, 43.31 feet to an existing iron pin; thence along o her lands now or formerly of James B. Small, Jr., South 31 degrees 14 minutes 41 seconds West, 2 1.46 feet to a set iron pin; thence along other lands now or formerly of James B. Small, Jr., Sou 31 degrees 14 minutes 41 seconds West, 142.13 feet to a set iron pin at existing stones; thence long lands now or formerly of Catherine M. Williams, North 59 degrees 48 minutes 03 seconds West, 115.50 feet to a magnail set in the approximate center of a Private Twelve-Foot Roadwa ; thence through the said Roadway, North 22 degrees 00 minutes 20 seconds East 50.58 feet to a set magnail; thence along the same, North 19 feet 32 minutes 12 seconds East, 178.24 feet to a set agnail; thence along the same, North 14 degrees 07 minutes 46 seconds East, 60.68 feet to a set agnail; thence along the same, North 09 degrees 14 minutes 48 seconds East, 94.40 feet to a set agnail; thence along the same, North 24 degrees 00 minutes 22 seconds East, 34.38 feet to a set agnail; thence along the same, North 41 degrees 37 minutes 28 seconds East, 34.51 feet to a set agnail; thence along the same, North 54 degrees 33 minutes 45 seconds East 33.48 feet to a set agnail; thence along the same North 67 degrees 27 minutes 19 seconds East, 62.97 feet to an existing iron pin at a corner common to Lot 1 herein described and Lot 3, more fully describe on the subdivision plan hereinafter described, the point and place of BEGINNING. WEIGLI Sc ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 i CONTAINING 1.8599 acres and being Lot 1 on a Subdivision entitled "Preliminary/Final Subdi 'sion of Land" prepared for George P. Stojkovich, Jr. by Curfman & Zullinger, Surveying, Inc., ted July 8, 2004, and recorded in Cumberland County Plan Book 90, at Page 28. THE PURPOSE of this deed is to conform the legal description in the hereinafter referenced deed to the escription provided in the Subdivision Plan prepared by Curfman & Zullinger. BEIN PART OF the same real estate that George P. Stojkovich, Jr. and Cindy A. Stojkovich, husband and wife, by their deed dated August 31, 2001, and recorded in Cumberland County Deed Book 48, at Page 1014, conveyed to George P. Stojkovich, Jr., single man, one of the Grantors herein. ALSO estate l and ( 2002, ING Parcel "C" on the hereinbefore described Subdivision Plan which is part of the real Harold Lee Bechtel, single man, by his deed dated September 27, 1976, and recorded in id County Deed Book 'W', Volume 26, at Page 479, conveyed to Stanley E. Rickrode ianna R. Rickrode. The said Georgianna R. Rickmde passed away on November 2, ;by vesting the entire fee in Stanley E. Rickrode, one of the Grantors herein. 600K 272 P 1F-"- WEIGLE S. ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - 5HIPPENSBURG, PA 17257-1397 I? 1 And the said Grantors hereby covenant and agree that they will warrant specially the prop y hereby conveyed. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year fi st above written. i Signed Sealed and Delivered f in the esence of Georg . St jk 'c , r. I? X4 11 tanlley . 'ckrode BOOK GL? & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 1 .1, . , ...., .. h CO ONWEALTH OF PENNSYLVANIA : . SS. COUNTY OF CUMBERLAND On this, the Qday of ?? 2005, before me, a Notary Public ' and for said County and State, the undersigned officer, personally appeared George P. Stojko ich, Jr. , 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 herein WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOiM1A1.liAl ?CMI 1bA? EMM: ???w0001Art1r 60" Jim 7. 2= TH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. this, the day of 2005, before me, a Notary 6 Public i and for said County and State, de undersigned officer, personally appeared Stanley E. Rickrod , known to me (or satisfactorily proven) to be, the person whose name is subscribed to the witldn instrument, and acknowledged that he executed the same for the purposes herein WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NORAM Im 1MNCK L IOW Nolay Nbrc CUMMMMOCOUW My Cann bftn Dow Jw 7.200 BOOK "2 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 125 EAST KING STREET - SHIPPENSBURG, PA 1.7.257-1397 I do he p 10 Cab Date: y certify that the complete post office address of the within named Grantee is Lane, Shippensburg, PA 17257. ?A.p Z':" zcn A 1 Corti ry t1h is tc; be recorded in Cumberlar d Lounty PA :.A. /-~ Recorder of Deeds NWEALTH OF PENNSYLVANIA : SS. Y OF CUMBERLAND CORDED on this day of , A.D. 2005, in the 's Office of said County, in Deed Book , at page Recorder 800 r ? ' :Gfae ...al4v. WEIGL? 6. ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 1 ,.ec w „ V REALTY TRANSFER State Tax Paid COMMONWEAL H OF PENNSYLVANIA STATEMENT OF VALUE Book Number 737 a. DEPARTME BUREAU OF OF REVENUE NDIVIDUAL TAXES Page Number vO[l PO O HARRISBU X 280803 GPA 17128d)803 See Reverse for Instructions Date Recorded Complete each sect deed is without con tax based on: (1) f on and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the ideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from ily relationship or (2) public utility easement. If more space is needed, attach additional sheet(s). A. CORRESPON DENT - All inquiries may be directed to the following person: Name Telephone Number: (91? S.3, R -7387 Street Address C Zip Code B. TRANSFER ATA Date of Atnee nce o Document Gra r(syLessor(s _ G (syl-essee(s) Y-A),df 2 Street Ad ss /U Street Ad s City S Zip C o d e City S e Zip Code /4 r ? ? 7 / /c,S I A 'Ajaj "' I C. PROPERTY L DMON S t Address CI Town ,Borough County School District Tax Parcel Number D. VALUATION DATA 1. Actual Cash Consi oration 2. Other Consideration 3. Total Consideration 4. County Assessed Blue 5. Common Level Ratio Factor 6. Fair Market Value X = E. EXEMPTION DATA 1a. Amount of Exem on Claimed 1b. Percentage of Interest Conveyed 2. Check Appro priate Box Below for Exemption Claimed ? Will or inte state succession ? Transfer t (Name of Decedent) (Estate File Number} Industrial Development Agency. ? Transfer t a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer b etween principal and agent. (Attach complete copy of agency/straw party agreement) ? Transfers of condem the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu nation. (if condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer fr m mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) Statutory c orporate consolidation, merger or division. (Attach copy of articles.) ? Other (Ple ase explain exemption claimed, if other than listed above.) Under penalties o 'law, I declare that I have examined this Statement, Including accompanying Information, and to the best of my knowledge nd belief, it Is true, correct and complete. Signature of Corresp - ?&? dent or Respon --, :z nL?=? Date FAILURE TO COOPOft THIS FORM PRO?LY OR ATTACH APPLICABLE DOCUMENTATION Mk RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. BOOK 27 ,;c, f,`,: c. 4?9..`?-4 ?J ,-- ?`T / ,3 Tax I.D.: , T H I S CORRECTIVE D E E D MAD THIS_lay of April in the year of our Lord two thousand and five {2005}. BE EN GEORGE P. STOJKOVICH, JR., single man, of 10 Cabin Lane, Shippensburg, Pennsylvania 17257, hereinafter referred to as Grantor AND GEORGE P. STOJ%OVICH, JR., single man, of 10 Cabin Lane, Shippensburg, Pennsylvania 17257, hereinafter referred to as Grantee WITNESSETH, that for and in consideration of the sum of ONE DOLLAR ($1.00), in hand aid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and cone , in fee simple to the said Grantee, his heirs and assigns, ALL T certain tract of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEG G in the approximate centerline of a Private twelve foot Roadway at an existing iron pin co on to Lot 2 (herein described), Lot 1 (hereinbefore described) and Lot #3 (on the here' described subdivision plan); thence along said Private Twelve Foot Roadway, South 67 de 27 minutes 19 seconds West, 62.97 feet to a set magnail; thence along the same, South 54 degrees 33 minutes 45 seconds West, 33.48 feet to a set magnail; thence along the same South 41 degrees 37 minutes 28 seconds West, 34.51 feet to a set magnail; thence along the same, South 24 degrees 00 minutes 22 seconds West, 34.38 feet to a set magnail; thence along the same, South 09 degrees 14 minutes 48 seconds West, 94.40 to a set magnail; thence along the same, South 14 degrees 07 minutes 46 seconds West, 60.68 feet to a set magnail; thence along the same South 19 degrees 32 minutes 12 seconds West, 178.24 feet; thence along the same, South 22 degrees 00 minutes 20 seconds West, 50.58 feet to a set magnail; thence through said Private twelve foot Roadw and along lands now or formerly of Catherine M. Williams, North 59 degrees 48 minutes 03 seconds West, 43.44 feet to a pin on line; thence along lands now or formerly of Cath ' e M. Williams, North 59 degrees 48 minutes 03 seconds West, 255.41 feet to a stone pile; thence ong lands now or formerly of Fred Carl Moxley, et al, North 28 degrees 45 minutes 31 seconds ast, 419.17 feet t an existing iron pin; thence by lands now or formerly of Theordore G. Valcis, orth 83 degrees 50 minutes 22 seconds East, 178.66 feet to an existing iron pin; thence along 1 ds now or formerly of Theresa Mae Freilicher, North 83 degrees 56 minutes 57 seconds East, 16 .13 feet to a set iron pin; thence along Lot 3 (on the hereinafter described subdivision plan); cc along Lot 3, South 31 degrees 10 minutes 22 seconds West, 101.11 feet to an existing n pin, the point and place of BEGINNING. scox 272 _-1 521 5 WEIGLEI& ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 i C. CONT G 3.0662 acres and being Lot 2 on a Subdivision entitled "Preliminary/Final Subdivision of Land" prepared for George P. Stojkovich, Jr. by Curf ran & Zullinger, Surveying, Inc., dated July 8, 2004, and recorded in Cumberland County Plan Book 90, at Page 28. THE P URPOSE of this deed is to conform the legal description in the hereinafter referenced deed to the escription provided in the Subdivision Plan prepared by Curf ran & Zullinger. BEIN PART OF the same real estate that George P. Stojkovich, Jr. and Cindy A. Stojkovich, husband and wife, by their deed dated August 31, 2001, and recorded in Cumberland County Deed Book 2 ?8, at Page 1014, conveyed to George P. Stojkovich, Jr., single man, the Grantor herein. ,the said Grantor hereby covenants and agrees that he will warrant specially the hereby conveyed. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first ab ve written. Signed, ? Sealed and Delivered in the Pkesence of a? George 'P. Stojk c Jr. T Certify this to be recorded In Cumberland County PA Recorder of Deeds BOCK 12-?2 PACE s 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 f? I: CO ONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND 1{ On this, the -9 day of April, 2005, before me, a Notary Public in and for said County k' and S , the undersigned officer, personally appeared George P. Stojkovich, Jr. , known to me (or satsfactDrily proven) to be, the person whose name subscribed to the within instrument, and f ackno ledued that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. q- I do 10( Date: n NWARKSEAL ROD 440 JIMA. cam tbn .?: Oc1a? 7,2006 ereby certify that the complete post office address of the within named Grantee is )in Lane, Shippensburg, PA 17257. r os? AttornAgent 1br Grantee IWEALTH OF PENNSYLVANIA SS. OF CUMBERLAND RECORDED on this day of A.D. 2005, in the der's Office of said County, in Deed Book , at Page Recorder BOOK 272 PAG`19427 & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SNIPPENSBURG. PA 17257-1397 REV. 103 EX (886) RECORDER'S USE ONLY ' REALTY TRANSFER TAX C rr10FPENNSY STATEMENT OF VALUE s'"T"Pak! OFP N7 [)F RFVFNIIF BUREAU O INDIVIDUAL TAXES Book Number P(1RT If3= Rnx Finn HARRISB G. PA 17105-8910 Paps Number See Reverse r Ins&u ins °i" RscordW Complete each sec'x end file in duplicate with Recorder of Deeds when (1) the U value/consideration Is not set forth in the deed, (2) when the deed is without consideration, by gK or (3) a tax exemption is cleimad. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) or lall If more Y needed attach gym. Telephone Number. .5- 71,P [e Street Address state Zip Code Dots of Am.pl.ri of Document l3rarMOrts)IL sJ r Gra ssasa(p 0 r t^ fn / Street Slrast /? ?O City Zip Code Cay Stets //? ? ? Street ? City T Coullity, School District Tax Parcel Number 1. Actual Cash Consideration 2 Ottw Consldsrstion 3. Total Corsidera8on 4. County Asss sW Value S. Common Laval Ratio Factor S. FaP AAarkat Value 1111=111M I X s 1 a Amount or Exemption C16 MW 1b. ParosMaps d Inlslast Com"W 2. Check Appropri l3ox Below for Exemption Clakned ? Will or inter succession ? T f t I (Name Of Daoedrel rEstale File Numbarl rans er o ustrial Development Agency. ? Transfer to a ant or straw party. (Attach copy of agency/straw party agreement). ? Transfer betw n principal and agent. (Attach copy of agency/straw trust agreement). Tax paid prior deed $ ? Transfers to It te CormmornNealth, the United States, and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. 1'Aearh rfr+v rJ ? T f f idlnnl rans er rom mortgagor to a holder of a mortgage In default. kbrigage Book Number , Page Number 0 Corrective do d (Attach copy of the prior deed). ? Statllbry rate consolidation, merger or division. (Attach copy of articles). ? Cutler (Please explain exemption claimed, If other than Ysted above.) eoox 272 PAGEJ5-1 Under peenddee of I or ordinance, I declare flat I have examined this Stater, Including accompanying Informathm, and to the best of my krawiedge and belief It In bus, correct and complete. >3bn of ffty ? Date ?? x-7 t TSS260-130075 `111!111113 o?? C) a? r++ 4rn .? e ?I N .rca IBIS saT N. %n]Ma I*.." Ar uw P. o. sox r wuusu, - nano T N I B D E E D MADE this 27th day of August in the year nineteen hundred and ninety-one (1991). BETWEEN Dauphin Deposit Bank and Trust Company, of 33-39 East King Street, Shippensburg, Pennsylvania, Grantor, AND Catherine M. Williams, of 10 Cabin Lane, Shippensburg, Pennsylvania, Grantee. NITNESBETH that in consideration of the sum of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00), in hand paid, the receipt whereof is .hereby acknowledged, the said Grantor does grant and convey in fee simple to said Grantee, her heirs and assigns, ALL that certain tract or parcel of land situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a point at corner of land now or formerly of Ronald Williams; thence by same, North 63 degrees, 17 minutes, 48 seconds West, 416.63 feet, more or less, to a point; thence South 26.5 degrees West, 755.69 feet, more or less, to a point; thence by lands now or formerly of Hiram Highlands, North 76 degrees, 05 minutes, 52 seconds East, 122.56 feet, more or less, to a point; thence North 15 degrees, 08 minutes East, 330.90 feet, more or ? less to a point; thence South 60 degrees, 09 minutes, 01 seconds East, 316.98 feet, more or less, to a point; thence by lands of the Commonwealth of Pennsylvania, North 27 degrees, 48 minutes, 15 seconds East, 444.72 feet, more or less, to a point, the place of BEGINNING. CONTAINING 5.02 acres, more or less. BEING THE BANE REAL ESTATE WHICH Michael C. Miller, single man, by deed dated February 26, 1990 and recorded in the office of the Recorder of Deeds in Cumberland County, Pennsylvania, in Deed Book Volume KJ34, Page 1113, granted and conveyed to Dauphin Deposit Bank and Trust Company, Grantor herein. AND the said Grantors will warrant generally the property hereby conveyed.. c Township of `t oV j 1 r 5 Cumb. Co., Pa t'a CO b . ., . School ISi. VUrii % Real Estbte 7ranaler Tax q 96 Reaal Epme Transfer Tax >'7• m ? re o? • a Amt $ Date Cumb. Co. Dist. Col. Apt. /? 5 800{ ! 35 PACE 44 Cumb. Co. DisL Col. Agt IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first above written. ATTEST: DAUPHIN DEPOSIT BANK AND TRUST COMPANY BY: t! ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA Cumberland SS COUNTY OF l1LAd1>Im= On this 27th day of August , 1991, before me, a Notary Public, the undersigned officer, personally appeared John E. McCann , who acknowledged himself to be the Senior Vice President of Dauphin Deposit Bank and Trust Company and that he as such Senior Vice President being authorized to do so, executed the foregoing instrument for ! the purposes therein contained by signing the name of the Bank by himself as Senior Vice President G11 ,",,WITNESS my hand and official seal, the day and year Y........ • " • . r Oebr? K Gulzlmll, Nobly PubYc •SV6 `.. LjgwMenTows4CumbuMndCount/ ,.........•..• '` MyCommiwianE?inoAp0P6,18a7 Mmnba, PsmiyhranY Aaaodolbn al Nolni? I certify that the precise residence and Post office address of the Grantee is: 10 Cabin Lane, Shippensburg, Pennsylvania 17257. 7 • Attorn for N CA >- O r ,U 7- 1jj '-Z v CJ. co oc,a N w? ' C-0 ' U w c" =:) C' O 0J T D_ S C : i -1 IJ.1 1.: YJ Q7 oo 35 Pw '45 1 TAX PARCEL NO. 'J i- 14 - b t? S'- 0 3 3 JL4Kj THIS DEED MADE the day of , in the year of our Lord Two Thousand and (2003) BETWEEN WILLIAM CAIN. single person, of , Shippensburg, Cumberland County Pennsylvania, GRANTOR AND BRUCE K. ROTZ and PATSY A ROTz; husband and wife, of 457 Airport Road, ssburg, Pennsylvania 17257, GRANTEE WITNESSETH, that in consideration of Thirty-Three Thousand and 001100 1,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor hereby grant and convey to the said Grantees, their heirs and assigns, ALL that certain tract of land situate in Southampton Township, Cumberland County, .vane, more particularly bounded and described as follows BEGINNING at a point at corner of lands now or formerly of Michael Miller and the Commonwealth of Pennsylvania; thence along lands now or formerly of the Commonwealth of Pennsylvania, South 27 degrees 48 minutes 15 seconds West 94.00 feet to existing stones; thence alo lands now or formerly of Hiram Highlands, South 76 degrees 05 minutes 52 seconds West 32 07 feet to existing stones; thence along lands now or formerly of Jack HkTensteel North 15 deg -ees 08 minutes 00 seconds East 350.98 feet to existing stones; thence along lands now or fo ly of John Burns, South 60 degrees 09 minutes 01 seconds East 316.98 feet to existing sto es, the point and place of BEGINNING. CONSISTING of 1.428 acres, more or less. Shown as Tract ##2 on resurvey for Charles E. , by Kissinger & Wolfe, Surveyors, dated October 30, 1978, and recorded in Cumberland County Deed Book "A", Volume 28, Page 677. BEING the same real estate which Robert Lee Boher aand Saly Arai Bolan„ husband and wife, by deed dated January 21, 2000, and recorded in Cumberland County Deed Book 215, Page 416, granted and conveyed to William Cain, Grantor herein. 5b;; 257 ?, ,552 AND the said Grantor covenants and agrees that he will warrant specially the property conveyed IN WITNESS WHEREOF, said Grantor has set his hand and seal, the day and year first written. fined, sealed and delivered in the presence of SEAL) WILLIAM CAIN I do hereby certify that the precise residence and complete post office address of the within med Grantees is: Y S^ `? i k Q or t ` Atto Agent for Grantees a? c )MMONWEALTH OF PENNSYLVANIA z rr SS :., )UNTY OF CUMBERLAND 7 On this, the a tday of June, 2003, before me, a NotPublic, the 'so y appeared William Cain, known to me as or satisfi to ' of ( rrIy proven to be) the person 7t: name is subscribed to the within instrument, and acknowledged that he executed the same purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, - 2 6 OOK 257 PACE4553 I Certify this to be recorded in Cumberland County PA t. Recorder of Deeds ? ?1., fk L?'7 ? rt"] RG1 •j??yrr?? ?'N ?V>i'?.•u tY'-1A? O/' Ww --4 ac C4 t L! w S Gi. 7 ? sr Cfi 1 %0 rb `D a ? 'V D O m M soax 257 PAC14554 , W m ?ro5weao ?i'i rna r•.s in oooovk ?; t? ? a c c. ALL-STATE®LEGAL 800-222-0510 ED11 RECYCLED Lmk 1 )-LR7 -W.rr.nlr Uml. SMnrt Furor. A,t nl t--,, 81-k Shm. Il.ury llull, Ins., InJl.nn, 1'.. Tbf5 - Detb' 1 1 1 8ooxILAP'AU 153 MADE THE 25th day of August in the year of our Lord one thousand nine hundred and seventy-two (1972) BETWEEN THOMAS SMYTH, Widower and Single Man, of the Borough of Shippensburg; County of Cumberland and Commonwealth of Pennsylvania, party of the first part as Grantor , and WILLIAM E. FERRIS and KERRI E. FERRIS, his wife, of the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, parties of the second part as Grantees , WITNESSETH, that in consideration of Twenty-two Hundred and F.iphty ($2280.00) -------------------------------------------------------------- Collars, in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantee s , ALL that certain tract or parcel of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania,.bounded and descried as follows: BEGINNING at a stone at corner of lands formerly of Robert McCune and now or formerly of Samuel Russell; thence by lands now or formerly of Henry Hippensteel Heirs, South twenty-seven (27) degrees west ninety-one and three-fourths (91 3/4) perches to a post; thence by lands formerly of Jacob Bomberger, now of the Commonwealth of Pennsylvania, South sixty (60) degrees East, fifteen and one-fourth (15 1/4) perches to a post; thence by the same, North thirty and one-half (30 1/2) degrees East, one hundred six (106) perches to a post; thence by the said land formerly of Robert McCune, now or formerly of Samuel Russell, South eighty-five (85) degrees West,.twenty-seven and one-fourth (27 1/4) perches to the place of BEGINNING. Containing eleven (11) acres and sixty-three (63) perches, more or less, pursuant to survey of George Walters made December 24, 1853. BEING the same tract of land which Hiram D. Highlands and Daisy Fay Highlands, his wife, by their deed dated the 19th day of December, 1950 and recorded in the office for the recording of deeds in and for the County of Cumberland in Deed Book "0", Vol. 14, Page 283, conveyed to Thomas Smyth, Grantor herein. ?r ,rte.,, Y,.lL-.? School Dist. Cumb, Co., Pe. 1 % Rut E,t.f. T.... .r Tae cos ti ?`•"..... - -,- _ :.... s r. ,, 'eau°s' m I .1 ,:.. •'s? '•'T?'ryP . Wa o U AND the said grantor hereby covenant S and agree S that they and such of Them witl warrant generally the property hereby conveyed. V, k-N IN WITNESS WHEREOF, said grantor he 5 hereunto set his hand and teal the day and.year first above written, piynrb, fiultb unb J14livrrcb --. ?? .._..________.?__._:_..... •r.Ar, in tit, liraenrr of State of. Pennsylvania es. County of Cumberland On this, the 25th day of August 1972 , before me, the undersigned officer, personally appeared Thomas Smyth, Widower and Single Man, known to me for satisfactorily proven) to be the person whose name i5 subscribedio.110 rr1h•.,, in instrument, and acknowledged that he executed some for the purposes then it containpd. • '. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. r?ri!' !i., •• .,_._.__--.,/..??L?..L:.._..?J.is.l.:]EF.?.:T?•?, Teti s:•, ti Notary _Publid % ?;. . A*' ShippensburR: CunitirfT?:t '$ -6Gli:YX' Pa. My Comm, expires: July 8;''•.L t4` I do hereby certify that the precise residence and complete post office address of the within named grantee is R. D. BA, ShippensburR , Pa. 17257 August 25,19 72 _._._.____.__..f.'!!!?!!YI_!._.____._f1_:.? Grantees Attorney for __.._._......___....__............__-_..__4__._.-__, m w k 3 K - nt 0 C om, N N a ~ Ix ) cc (4 3 C W >1 ? W •atH O . C v 0) 4J 4' at +r q 0 w !Y v e -I i i-i i grn «?fr ? v it a X 4) f g ? oro .aaa Q ?? m /"" W m d O S X a h U COMMONWEALTH`?OF PENN YLV NIA / ss. :aunty of __.-(((.._???? RECORDED on this day of A. D. 19_._2z, In the Recorder's office of the said County, in Deed Rook V.I. page --I ?3 Given under my hand and the seal of th?e(said 'office ,lrkJp date above written. 124PACE 154 _.'?-'_"-•--6--•---=-?/ae=.`?'-•„'.`_?, Recorder. BOOK j i j 1 r 1 i 3 4 i l ALL-STATE%LEGAL 8W2220510 ED11 RECYCLED 3S ;f i' ?? l T VIV r CC ?1 1 iHnh ??. W. ANDREW STEELE and IN THE COURT OF COMMON (PLEAS OF DANIELLE M. STEELE, CUMBERLAND COUNTY, PENNSYLVANIA PETITIONERS V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, RESPONDENTS V. RICHARD E. AND KIMBERLY N. BARD,: KEVIN G. YOUNG, STANLEY E. AND GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. AND PATSY A. ROTZ, WILLIAM E. AND KERRI E. FERRIS, ADDITIONAL RESPONDENTS 07-0190 CIVIL TERM ORDER OF COURT AND NOW, this L 2._. day of June, 2009, the Board of View appointed on April 17, 2007, shall proceed with the case except that the appointment of Fred Hefelfinger is vacated and replaced with Gary Sausser. By the urt, Edgar B. Bayley, John A. Feichtel, Esquire For Petitioners David W. DeLuce, Esquire For Elizabeth D. Snover and J. Scott Trayer Nathan C. Wolf, Esquire For Gregory J. Hagen and Maria B. Hagen Dale F. Shughart, Jr., Esquire For Robert C. Bender and Barbara A. Bender H. Anthony Adams, Esquire For William E and Kerri E. Ferris William A. Duncan, Esquire For the Board of View Richard E. and Kimberly N. Bard 221 Walnut Dale Road Shippensburg, PA 17257 Kevin G. Young 227 Walnut Dale Road Shippensburg, PA 17257 Stanley E. and Georgiana R. Rickrode 8 Cabin Lane Shippensburg, PA 17257 George P. Stojkovich, Jr. 10 Cabin Lane Shippensburg, PA 17257 Catherine M. Williams c/o Candy M. Coldsmith 6 Gilbert Road Shippensburg, PA 17257 Bruce K. and Patsy A. Rotz 457 Airport Road Shippensburg, PA 17257 :sal FILED, I, tF -[C', 200° JUN 12 A. N 9: C5 iJ V'f yl i...l 1 N C C 1 ' 1 _' f IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E. RICKRODE and GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY A. ROTZ, and WILLIAM E. FERRIS and KERRI E. FERRIS, Additional Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 Civil Term ACCEPTANCE OF SERVICE I, ?f ig dl MY , hereby state that I am authorized to accept service of process on behalf of GEORGE P. STOJKOVICH, JR., and hereby do so. Date: '2009 &4??? Print Name: I7 W. - S TA+ t?013 t "IF THE qY 2099 JUN 17 Pry 3: 4 9 CUP?'? . ?`?i•ti7Y' f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA W. ANDREW STEELE and, : Civil Action - Law DANIELLE M. STEELE, PETITIONERS VS. : No. 07-0190 CIVIL TERM 3. SCOTT TRAYER, ROBERT C BENDER and BARBARA A. BENDER GREGORY J. HAGEN and MARIA B. HAGEN RESPONDENTS vs RICHARD E. and KIMBERLY N. BARD KEVIN G. YOUNG, STANLEY E. and GEORGIANA R. RICKRODE GEORGE P. STOJKOVICH, JR. CATHERINE M. WILLIAMS BRUCE K. and PATSY A. ROTZ WILLIAM E. and KERRI E. FERRIS ADDITIONAL RESPONDENTS ANWR And now come, William E. Ferris and Kerri E. Ferris, by and through their Attorney, H. Anthony Adams, and set forth the following: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted that the originally requested road is significantly shorter, more practical and causes impact on fewer citizens than use of Cabin Lane. 8. Admitted 9. Admitted 10. Admitted 11. Admitted 12. Admitted 13. Admitted 14. Admitted 15. Admitted 16. Admitted 17. Admitted 18. Admitted 19. Denied, the route through Cabin Lane is not the shortest distance to Petitioners' ground, is not the best path given additional Defendant Ferris' use for nature habitat and vernal ponds and would cause considerable and irreparable injury to the entire Ferris tract. No current route over the Ferris tract to the land of Plaintiffs now exists. 20. Denied, the opening of the proposed road over Cabin Lane and the land of Ferris is not necessary. Respectfully submitted, Anthony Adams, Esquire Attorney for Plaintiffs 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. f Date: William E. Ferris OF THE F I IN RE: LAYING AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E RICKRODE and GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ, and PATSY A. ROTZ, and WILLIAM E. FERRIS and KERRI E. FERRIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07 - 190 Civil Term Additional Respondents ANSWER OF ADDITIONAL RESPONDENT GEORGE P STOJKOVICH JR. TO PETITIONER'S AMENDED PETITION AND NOW COMES, George P. Stojkovich, Jr., Additional Respondent, by and through his Attorney, Jane Adams, Esquire, and files the following Response to Petitioner's Petition: 1. Admitted. Petitioners are adult individuals with a mailing address of 17 Kower Court, Mechanicsburg, Pennsylvania, 17055. 2. Admitted. Petitioners are record owners of real property located in Shippensburg, Cumberland County, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 3. Admitted. Respondent J. Scott Trayer, with a mailing address of 60 Shellbank Court, Carlisle, Pa. 17013, is the record owner of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 4. Admitted. Respondents Gregory J. Hagen and Maria G. Hagen, with a mailing address of 1 l Tall Tree Circle, Broomall, Pa, 19008 are record owners of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 5. Admitted. Respondents Robert C. Bender and Barbara A. Bender, with a mailing address of 577 S. Mountain Estate Road, Shippensburg, Pa., 17257, are record owners of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 6. Admitted. Petitioners filed the original Petition in this matter to open a private road across lands described of Respondents J. Scott Trayer, Robert C. Bender, and Barbara A. Bender, and Gregory J. Hagen and Maria B. Hagen. It is further agreed that this route is the shortest and most practical route to Petitioners' property. 7. Denied. It is admitted that Respondents asserted that another road, Cabin Lane, already existed and should be considered for access to Petitioners' land; however, Additional Respondent George P. Stojkovich denies such route should be considered, and agrees with Petitioners that the route across the lands of Respondents J. Scott Trayer, Robert C. Bender, and Barbara A. Bender, and Gregory J. Hagen and Maria B. Hagen is the shortest and most practical route to Petitioners' property. 8. Admitted. 9. Admitted. 10. Admitted. Additional Respondents Richard E. Bard and Kimberly N. Bard, with a mailing address of 221 Walnut Dale Road, Shippensburg, Pa., 17257, are record owners of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 11. Admitted. Additional Respondent Kevin G. Young, with a mailing address of 227 Walnut Dale Road, Shippensburg, Pa., 17257, is the record owner of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 12. Admitted. Additional Respondents Stanley E. Rickrode and Georgiana R. Rickrode, with a mailing address of 8 Cabin Lane, Shippensburg, Pa. 17257, are record owners of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 13. Admitted. Additional Respondent George P. Stojkovich, Jr., with a mailing address of 10 Cabin Lane, Shippensburg, Pa., 17257, is the record owner of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 14. Admitted. Additional Respondent Catherine M. Williams, with a mailing address of 6 Gilbert Road, Shippensburg, Pa. 17257, is the record owner of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 15. Admitted. Additional Respondents Bruce K. Rotz and Patsy A. Rotz, with a mailing address of 457 Airport Road, Shippensburg, Pa. 17257, are record owners of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 16. Admitted. Additional Respondents William E. Ferris and Keni E. Ferris, with a mailing address of 51 Chestnut Grove Road, Shippensburg, Pa. 17257, are record owners of real property located in Southampton Township, with descriptions as set forth in Petitioner's Petition to Appoint a Board of View. 17. It is admitted that Petitioner's property is land-locked, to the best of Additional Respondent George P. Stojkovich's knowledge and belief. 18. Admitted. Additional Respondent, George P. Stojkovich, admits and agrees that the shortest and most practical route from Petitioners' land to a public road is across the land of Respondents, J. Scott Trayer, Robert C. Bender, and Barbara A. Bender, and Gregory J. Hagen and Maria B. Hagen. 19. Denied. The route across Cabin Lane is longer, less practical, and is not suitable for access. 20. Admitted in part; denied in part. Only the opening of a private road across the Respondents' land is necessary for Petitioners to have access to their land from a public road. The route across Cabin Lane is longer, less practical, and is not suitable for access. r ? s WHEREFORE, Additional Respondent, George P. Stojkovich, Answers Petitioner's Petition to Appoint a Board of View and respectfully requests this Honorable Court direct the Board of View to schedule a view of the proposed routes to lay out a private road from Petitioner's property. Respectfully Submitted, Date: B Adams, Esquire 4o.79465 est South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR RESPONDENT GEORGE P. STOJKOVICH M f o VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to un.sworn falsification to authorities. Date: ? )?-0/0 9 George P. Stojkovich, Additional Respondent Fli?r?;ri iGF OF THE 2009 JU 22 PIN 1: 1 ?y Util, -?L;,?? , IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E RICKRODE and GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY A. ROTZ, and WILLIAM E. FERRIS and KERRI E. FERRIS, Additional Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action No. 07-190 Civil Term ACCEPTANCE OF SERVICE I, , hereby state that I am authorized to accept service of - d' 4 4.. process on behalf of WILLIAM E. FERRIS and KERRI E. FERRIS, and hereby do so. Date: , 2009 Print Name: 2009 M'3 -3 P I - 1 6 G ?; IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E. RICKRODE and GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY A. ROTZ, and WILLIAM E. FERRIS and KERRI E. FERRIS, Additional Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action No. 07-190 Civil Term ACCEPTANCE OF SERVICE I, hereby state that I am authorized to accept service of process on behalf of CATHERINE M. WILLIAMS, and hereby do so. Date: 1 , 2009 Print Name: 1 YVL 4 Ai il- OF THE 2039 AU,,-j --3 Pa 6 I : 6 IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E. RICKRODE. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY A. ROTZ, and WILLIAM E. FERRIS and KERRI E. FERRIS, Additional Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 Civil Term MdePTA& f, OF 3G,-vce6 ACfiM I, STANLEY E. RICKRODE, hereby state that I am authorize to accept service of process on behalf of STANLEY E. RICKRODE and G , and hereby do so. Date: a '2009 Print Name: Stanley E. Rickrode ,,?. T " ; f iY 2 0 0 9 AL1IS -3 i 11 1 6 L,tal IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E. RICKRODE and GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY A. ROTZ, and WILLIAM E. FERRIS and KERRI E. FERRIS, Additional Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 Civil Term ACCEPTANCE OF SERVICE I, ( 0(/ , hereby state that I am authorized to accept service of process on behalf of KEVIN G. Y G, and hereby do so. Date: , 2009 Print Name: Llfvl,0?4 O L,1,01 ? i I`L?-`^' ?`dk l J? a?t'?y t, t,,, IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E. RICKRODE and GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY A. ROTZ, and WILLIAM E. FERRIS and KERRI E. FERRIS, Additional Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 Civil Term ACCEPTANCE OF SERVICE I, et cL , hereby state that I am authorized to accept service of process on behalf of RICHARD E. BARD and KIMBERLY N. BARD, and hereby do so. Date: '2009 Print Name:{ OF THE P" 2099 A'VO -3 Phi 1: 16 IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shipp e'nsburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. BARD, KEVIN G. YOUNG, STANLEY E. RICKRODE and GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY A. ROTZ, and WILLIAM E. FERRIS and KERRI E. FERRIS, Additional Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action No. 07-190 Civil Term ACCEPTANCE OF SERVICE I, Bruce K. Rotz, hereby state that I am authorized to accept service of process on behalf of BRUCE K. ROTZ and PATSY A. ROTZ, and hereby do so. Date: August 2'7- , 2009 Print Name: Bruce otz FILED--t; i'jI" rN?Y 2009 AUG 25 Psi i : 8 t Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr., Esquire I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 2010 V , -3 P'i 12: 49 Attorneys for Defendpfit, a W..ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-190 CIVIL ACTION - LAW PRAECIPE PLEASE enter the appearance of the undersigned, along with those previously entered by David W. DeLuce, Esquire and Elizabeth D. Snover, Esquire, on behalf of the Defendant J. Scott Trayer in the above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER - --- By: Roy Weidner, Jr. Attorney I.D. No. 19530 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: crw@jdsw.com Attorneys for Defendants Date: April 30, 2010 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Enter Appearance has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 30, 2010: John A. Feichtel, Esquire Keefer, Wood, Allen & Rahal, LLP 635 North 12th Street, 4th Floor Lemoyne, PA 17043 Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 William A. Duncan, Esquire Chair of Board of View Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Kevin G. Young 227 Walnut Dale Road Shippensburg, PA 17257 Catherine M. Williams c/o Candy M. Goldsmith 6 Gilbert Road Shippensburg, PA 17257 Bruce and Patsy Rotz 457 Airport Road Shippensburg, PA 17257 :399867 Richard and Kimberly Bard 221 Walnut Dale Road Shippensburg, PA 17257 Stanley and Georgiana Rickrode 8 Cabin Lane Shippensburg, PA 17257 George P. Stojkovich, Jr. 10 Cabin Lane Shippensburg, PA 17257 JOHNSON, DUFFIE, STEWART & WEIDNER B: Mar et E. Ruff FILED-OFFICE OF THE' PROTHONOTARY JOHNSON, DUFFIE, STEWART & WEIDNER By: C. Roy Weidner, Jr. I.D. No. 19530 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 2011, ...: . i . , : I§ s C U' ; i '.! i T ',' J. Scott Trayer A .A Attorneys for Respondent W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-190 CIVIL ACTION - LAW MOTION FOR SCHEDULING CONFERENCE AND NOW, comes Respondent J. Scott Trayer and files this Motion for a Scheduling Conference in the above captioned matter and in support thereof states as follows: 1. The Steeles are the owners of a tract of land consisting of approximately 5.37 Acres which, to Respondent's knowledge, does not have an existing gravel or private road connecting the parcel to a public road. 2. The Steeles filed a Petition to Appoint a Board of View on or about January 10, 2007, which Petition was served upon the Respondents and granted on or about March 6, 2007. 3. Due to the fact that Steeles' tract does appear to be landlocked, Trayer did not oppose the appointment of a Board of View since their seems no legal reason to prevent the appointment. See, In re Private Road in Nescopeck Township, 422 A.2d 199 (Pa. Super. 1980). But see, In the Matter of Opening a Private Road for the Benefit of Timothy P O'Reilly, 5 A.3d 246 (Pa. Sept. 30, 2010). 4. This Honorable Court issued an Order dated April 17, 2007, appointing William Duncan, Esquire, James Sheya and Fred Hefelfinger as the Board of View with William Duncan, Esquire as chairperson. 5. The Board of View scheduled the View of the subject properties for August 23, 2007, at which time the Steeles were not present and counsel for the Steeles did not present a survey detailing the proposed route for the Private Road across the Respondent's properties. 6. On or about February 2008, in accordance with Court Order, a survey was presented by the Steeles continuing to show a proposed private road through the Trayer property. 7. Trayer, as expressed in his Answer to the original Petition, has consistently argued in favor of the potential route of Cabin Lane as the best and most logical route owing to its proximity to Steeles' property and other factors as set forth by law. 8. To effectuate the inclusion of the Cabin Lane route into these proceedings, Respondents Trayer and Hagen, in December 2008, filed a Petition asking that the Court require the Petitioners Steele to join those property owners along Cabin Lane. 9. Such Petition was granted by Order of Judge Bayley and an Amended Petition was filed by the Steeles joining those properties owners along Cabin Lane on or about May 2009. 10. Trayer filed an Answer to the Amended Petition continuing to argue in favor of the Cabin Lane route. 11. A second view of the property was conducted in December 2009, wherein the Board of View, now comprised of William Duncan, Esquire (Chair), James Sheya, and Gary Sausser, viewed both the Steeles' proposed route and the Trayer proposed Cabin Lane route. 2 12. At the view, it was apparent that engineers would need to present testimony on the route. 13. In order to give the parties sufficient time to present this evidence, the hearing before the Board of View was rescheduled for May 11, 2010. 14. The hearing proceeded on that date but was recessed at lunchtime when it became apparent that the Hagens would be dismissed through an agreement with Respondent Ferris for an easement over his lands and when it became apparent that the Steeles and Trayer would be open to try to reach a settlement of the suit out of Court. 15. The Board of View continued the hearing and asked for an update from counsel for the Steeles in June 2010. 16. Counsel for the Steeles provided that update indicating that the parties were still negotiating. 17. Since that time, the parties have continued to negotiate possible resolutions of this matter. 18. The parties agreed to mediate the case in early fall 2010, and a date for mediation was set for December 22, 2010. 19. However, as mediation approached, it became apparent that mediation would not be fruitful and that the hearing before the Board of View would be necessary to conclude this matter. 20. The Petition under the Private Road Act and Order appointing a Board of View has acted as a cloud on the title of the real property of Trayer for four (4) years. 21. Trayer justifiably does not want this matter to become dormant while such a cloud on title remains present. 22. As such, Trayer desires this Court to set deadlines for a hearing for this matter. 3 23. The Honorable Judges Bayley and Guido have issued Orders in this matter in the past. 24. The contents of this Petition have been shared with Counsel for Petitioners Steeles, who did not indicate his position in the Petition. WHEREFORE, J. Scott Trayer requests that this Honorable Court enter an Order of Court for a scheduling conference in this matter. JOHNSON, DUFFIE, STEWART & WEIDNER By: C. Roy W ner, Jr. Attorney/,D. No. 19530 Elizabeth D. Snover Attorney I.D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for J. Scott Trayer Date: January 10, 2011 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion for Scheduling Conference has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 10, 2011: John Feichtel, Esquire Keefer, Wood, Allen & Rahal, LLP 635 North 12th Street, 4th Floor Lemoyne, PA 17043 Attorneys for Petitioners JOHNSON, DUFFIE, STEWART & WEIDNER By W ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents tell AN 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-190 CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 13* day of for a Scheduling Conference filed in this matter, it is ' 2011 upon review of the Motion HEREBY ORDERED that a conference to discuss and set scheduling deadlines for this matter is schedule A d for 3 2011 in Chambers. Distribution: J. C. Roy Weidner, Jr. squire/Elizabeth D. Weidner, P.C., 301 Market Street, P.O. Box 1Snovr, 09eLemoynle, ?pq h1 son, Duffie, Stewart & fax (717) 761-3015; email crw@jdsw.com Feichtel, Esquire, Keefer W d, Allen & RahaW com 7043; (717) 761-4540; 400, Lemoyne, PA 17043, , LLP, 635 North 12th Street, Suite 'feichtel?keeferwood com (717) 612"5803; fax (717) 612-5805 email 11( OOP 114 D l?l LAYING OUT AND OPENING OF : IN THE COURT OF COMMON PLEAS OF A PRIVATE ROAD : CUMBERLAND COUNTY, : PENNSYLVANIA over property located in Shippensburg Cumberland County NO. 2007 -190 CIVIL TERM W. ANDREW STEELE and DANIELLE M. STEELE Petitioners , V. :-;Ias --: J. SCOTT TRAYER, ROBERT C., o GREGORY J. HAGEN and rv C:) MARIE B. HAGEN Respondents ; - - =° REPORT OF CHAIR MAN OF VIEWERS TO THE HONORABLE, THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: PROCEDURAL HISTORY OF THE VIEWERS 1. By Order of Court of April 17, 2007, the Court appointed William A. Duncan, Esq., Chairman, James Sheya and Fred Hefelfiner as a Board of Viewers to determine laying out and opening a private road over property located in Shippensburg, Cumberland County, PA. See Exhibit "A" attached. 2. On July 2, 2007, a letter and calendars to set up a View were sent to counsel and members of the Board of View. See Exhibit "B" attached. 3. On June 9, 2007, a Notice of View was provided to counsel and members of the Board of View scheduling a site view of the property for August 23, 2007. See Exhibit "C" attached. 4. On August 16, 2007, Chairman Duncan circulated a copy of the August 13, 2007 letter from Attorney Snover laying out procedures for the View. See Exhibit "D" attached. 5. On August 23, 2007, the Board of Viewer, Jim Sheya, Fred Hefelfinger and Chairman Duncan, and Counsel and interested parties viewed the property. 6. On April 21, 2008, Attorney Augustine sent a letter with Survey requested by the Board of Viewers. See Exhibit "E" attached. 7. On April 24, 2008, a letter and calendars to set up a View were sent to counsel and members of the Board of View. See Exhibit "F" attached. 8. On May 14, 2008, a Notice of View was provided to counsel and members of the Board of View scheduling a site view of the property for June 10, 2008. See Exhibit "G" attached. 9. On June 9, 2008, Attorney Wolf sent Chairman Duncan a letter confirming that the view scheduled for June 10, 2008 had been continued while additional parties were added. See Exhibit "H" attached. 10. On October 10, 2008, Chairman Duncan sent a letter requested a status report on the Case. See Exhibit "I" attached. 11. On October 31, 2008, Attorney Augustine sent Chairman Duncan a letter stating his clients were ready to proceed with the view. See Exhibit "J" attached. 12. On November 3, 2008, Attorney Snover sent Chairman Duncan letter replied to both letters. See Exhibit "K" attached. 13. On November 25, 2008, Chairman Duncan sent a letter and calendar to Viewers and Counsel to schedule a view of the premises. See Exhibit "1:' attached. 14. On January 6, 2009, a Notice of View was provided to counsel and members of the Board of View scheduling a site view of the property for February 10, 2009. See Exhibit "M" attached. 15. On January 13, 2009, Attorney Wolf sent Chairman Duncan a letter with a Joint Petition with Rule to Show Cause filed with the Court on January 20, 2009. See Exhibit `W' attached. 16. On February 17, 2009, by Order of Court, additional parties were joined as defendants. See Exhibit "O" attached. 17. By Order of Court dated June 12, 2009, Fred Hefelfinger was vacated and replaced by R. Gary Sausser. See Exhibit "P" attached. 18. On October 2, 2009, Chairman Duncan sent a letter and calendar to Viewers and Counsel to schedule a view of the premises. See Exhibit "Q" attached. 19. On October 21, 2009, a Notice of View was provided to counsel and members of the Board of View scheduling a site view of the property for December 21, 2009. See Exhibit "R" attached. 20. On December 21, 2009, the Board of Viewers, Jim Sheya, Gary Sausser, Chairman Duncan, and Counsel and interested parties viewed the property. 21. On December 21, 2009, a Notice of Hearing was sent to counsel and member of the Board of View scheduling a Hearing in the Old Cumberland County Court House, Old Courtroom for March 2, 2010. See Exhibit "S" attached. 22. On February 12, 2010, Attorney DeLuce sent Chairman Duncan a Letter request- ing that the Hearing scheduled for March 2, 2010 be continued until May 2010 because due to heavy snowfall, the engineer was unable to survey the property. See Exhibit "T"' attached. 23. On February 17, 2010, Chairman Duncan sent a letter to all counsel continuing the Hearing until a date in May 2010. See Exhibit "U" attahed. 24. On March 29, 2010, Attorney DeLuce sent Chairman Duncan a letter requesting that the Hearing be left open for possible continuation. See Exhibit "V" attached. 25. On March 30, 2010, a Notice of Hearing was sent to counsel and member of the Board of View scheduling a Hearing in the Old Cumberland County Court House, Old Courtroom for May 11, 2010. See Exhibit "W" attached. 25. On May 7, 2010, Attorney Snover sent Chairman Duncan a letter with a copy of the report of W. Max Shradley, Jr. See Exhibit "X" attached. 26. On May 11, 2010, a Hearing number one was held in the Old Cumberland County Courthouse Old Courtroom with Counsel, Board of viewers, Jim Sheya, Gary Sausser and Chairman Duncan and interested parties. 27. On January 20, 2011, Attorney Snover sent Chairman Duncan a letter with a Praecipe to Discontinue this action. See Exhibit "Y". VIEWER'S DUTIES As set forth in the Report, the Viewers executed their duties by Views and Hearings and rendering an Award of Damages. The Board is submitting it's Bill of Costs as the duties of the Board have been discharged. Respectfully Submitted: Date: By: U/Q%l William A. Duncan, Esquire Chairman, Board of View Date. By: Gary Sausser Viewer, Bo of View 0 Date: 2 By: James a ??Bo of View 2 ?l Date: By: -h V Fred efelfinger Viewer, Board of View BILL OF COSTS The Board of View having performed duties related to its appointment prior to said decision. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 6 days @ $ 375.00 $ 2,250.00 Postage Certified 10 x $ 5.21 57.10 Postage Certified 6 x $ 5.32 192.00 Postage Certified 40 x $ 5.54 221.60 Postage First Class 14 x $.41 5.74 Postage First Class 2 x $.42 .84 Postage First Class 19 x $.44 8.36 Postage Mail Report 4 x $1.90 7.60 Subtotal $ 2,743.24 Gary Sausser, Viewer 2 days @ $250.00 $ 500.00 Subtotal $ 500.00 James Sheya, Viewer 3 days @ $ 250.00 $ 750.00 Mileage 90 x .50 cents per mile 45.00 $ 795.00 Fred Hefelfinger, Viewer 1 days @ $250.00 $ 250.00 Subtotal $ 250.00 TOTAL COST $ 4,288.24 Date: ( M 9k" William A. Duncan, C Date: r -,.:y Gary Sausser, Date: t 1I I -- Date: -2,- - l - Fred Hefelfinger, Viewer APR 1610070? LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 CIVIL TERM ORDER AND NOW, this day Of_Qpri i , 2007, it is hereby ORDERED that a board of view is appointed in this matter. The board of view will be comprised of the following members: l . ?? A ?? )Mn n ?o,? ?• _ ?71'1?un 3. ? ?Pfpl??';n?n?„r With ?? ..? rn A - u?nn ^? serving as chairperson of the board of view. BY THE COURT: TRUE OOPY FMM R®00 end UN so Of wet: at CafM, Fa. h? o( Agri i *1*A-Ally't-J.. ANA Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman Eric R Augustine, Esq. Keefer Wood Allen & Rahal, LLP 635 North 12t° Street, Suite 400 Lemoyne, PA 17043 July 2, 2007 Dale F. Shughart, Jr., Esq. 10 West High Street Carlisle, PA 17013 David W. DeLuce, Esq. Nathan C. Wolf, Esq. Johnson, Duffle, Stewart & Wediner, P.C. Wolf & Wolf 301 Market Street, P.O. Box 109 10 West High Street Lemoyne, PA 17043-0109 Carlisle, PA 17013 (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net RE: View of property IN RE: Laying Out and Opening of a Private Road over property located in Sbippensbur& Cumberland County Civil Action No. 07-190 Civil Term Dear Counsel: We would like to schedule a View on the above captioned matter on the dates selected on the enclosed Calendar. Those available dates, with the View scheduled for the morning, being: August 14, 2007 August 16, 2007 August 21, 2007 or - --- - - August 23, 2007 Please mark dates on the enclosed calendar that you would not be available for the View and return it to my office via mail or fax. We note that the appointment of the Board of View occurred some time ago and we would like to move forward to resolve this matter. Thank you for your cooperation. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosure CC: James Sheya Fred Hefelfinger 9flilcopy ?fllf(p?Y LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg Cumberland County : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 190 CIVIL TERM W. ANDREW STEELE and DANIELLE M. STEELE Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA BENDER, GREGORY J. HAGEN and MARIE B. HAGEN Respondents NOTICE f [VIEW TO: Eric R. Augustine, Esq. Dale F. Shu Keefer Wood Allen & Raha1-,- fP--_._ gh, Jr., Esq. 635 North 12th Street, Suite 400 Carlisle, PA 17013 Lemoyne, PA 17043 David W. DeLuce, Esq. Johnson, Duffle, Stewart & Weidner, p.C 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Mr. R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 .fi?4 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine the location and necessity of the laying out of and opening a private roa, together with damages, if appropriate. The Viewers will meet at the premises on Thursday, August 23, 2007, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date:14?1 2007 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan August 16, 2007 Susan J. Hartman Eric R Augustine, Esq. Dale F. Sh Keefer Wood Allen & ??, Jr., Esq. Rahal, LLP 10 West High Street 635 North 12* Street, Suite 400 Carlisle, PA 17013 Lemoyne, PA 17043 David W. DeLuce, Esq. Nathan C. Wolf, Esq. Johnson, Duffle, Stewart & Wediner, P.C. Wolf & Wolf 301 Market Street, P.O. Box 109 10 West High Street Lemoyne, PA 17043-0109 Carlisle, PA 17013 (717) 249-7780 dhdFlAX (717) 249-7800 aw@planetcable.net RE: View of Property IN RE: Laying Out and Opening of a Private Road over property located in Sbippembur& Cumberland County Civil Action No. 07-190 Civil Term Dear Counsel: Enclosed please find a copy of a letter from Elizabeth Snover dated August 13, 2007 regarding the above captioned View. We will follow the procedures laid out in the letter. Please provide an address on the Walnut Bottom where we will meet on Thursday, August 23 at 9:30 A.M. - -- Thank you for your allesWon to this Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WADrda Enclosure CC: James Sheya Fred Hefelfinger JERRY R. DUFFIE RICHARD W. STEWART MELISSA PEEL GREEVY C. ROY WEIDNER, JR. ROBERT M. WALKER EDMUND G. MYERS WADE D. MANLEY DAVID W. DELUCE ELIZABETH D. SNOVER JOHN A. STATLER L A W 0 F F I C E S KELLY L. BONANNO JEFFERSON ). SHIPMAN jQA JE FFREY B. RETTIG ?ON KEVIN E. OSBORNE OF COUNSEL RALPH H. WRIGHT, JR. HORACE A. JOHNSON MARK C. DUFFIE DU FFIE JOHN R. NINOSKY F. LEE SHIPMAN MICHAEL J. CASSIDY (1965-2006) I`. 11.E". •x:14;-.iii ??c r{ii?i William A. Duncan, Esquire August 13, 2007 Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 Re: Civil Action No. 07-190 Civil Term Dear Mr. Duncan: We represent J. Scott Trayer and Richelle Trayer in the above referenced matter. I am writing with regards to the view scheduled for next Thursday, August 23, 2007. 1 would like to confirm where we are to meet and what procedure we will follow. My assumption is that we will meet at the proposed beginning of the route supported by the Steeles (on Walnut Bottom Road) and walk that back to the Steele's property along their proposed route as set forth on their survey. Next, the respondents, including our clients the Trayers, would be able to show the Board the alternate proposed route through existing Cabin Lane. I assume that no evidence besides what can be seen at the property and what questions the Board may have of the parties will be presented. I also assume that the View proceedings will not be transcribed with later hearings being of record. I also wanted to confirm that our clients wilt be P?`nt for the Thank-You Vkw? -tur teKlPg t?F time To clear up the procedure and what you would like presented next Thursday. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER EDS:307083 Elizabet . Snover cc Eric Augustine, Esquire Dale F. Shughart, Jr., Esquire Nathan C. Wolf, Esquire J. Scott Trayer 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL®JDSWCOM JOHNSON, DUFFIE, STEWART Sr WEIDNER, Rc. v-p? KEEFER WOOD ALLEN & RAHAL LLP CHARLES W. RUBENDALL II , ATTORNEYS AT LAW ROBERT L. WELDOR LDON ESTABLISHED IN IBIS ROBERT E. PE , JR. 635 NORTH 12"" STREET, SUITE 400 - JOHN H. ENOS= LEMOYNE. PA 17043 COUNSEL GARY E. FRENCH -. MEA EA TH L. ALLEN DONNA S. WELDON PHONE 717-612-5800 N. DAVID RAHAL BRADFORD DORRANCE FAX 717-612-5805 SAMUEL C. MARRY JEFFREY S. STOKES __ - ROBERT R. CHURCH EIN No. 23-0716138 HARRISBURG OFFICE STEPHEN L. GROSE www.koo%rwood.com 210 WALNUT STREET R. SCOTT SHEARER HARRISBURG, PA 17101 ELYSE E. ROGERS CRAIG A. LONGYEAR PHONE 717-253-5000 JOHN A. FEICHTEL STEPHANIE KLEINFELTER _ DONALD M. LEWIS= April 21 111 G 2008 ERIC R. AUGUSTINE , TODD F. TRUNTZ 717-612 5803 CAROL L VERISM - eaueustin gkeeferwood com William A. Duncan, Esquire Chairman, Board of View 1 Irvine Row Carlisle, PA 17013 RE: Detailed Survey of Proposed Route W. Andrew Steele and Danielle M. Steele v. J. Scott Trayer, Robert C. Bender and Barbara A. Bender, Gregory J. Hagen and Maria B. Hagen Cumberland County Civil Action No. 07-190 Civil Term Dear Attorney Duncan: On 17 April, 2007, Judge Bayley issued an Order _a??aintin View- for the Petition for the Laying Out and Opening of a Private Road at Docket No. 07- 190 Civil Term in Cumberland County. As you know, you were appointed to serve as the chairperson of the Board of View which includes Mr. James Sheya and Mr. Fred Hefelfinger. On 23 August, 2007, the Board and all interested parties, or their representatives, convened for the view. After viewing the land, the Board advised that without a survey containing the specific bearings and distances for the proposed route, the Board would not engage in any further determination. Accordingly, we have procured a survey which, I believe, meets your requirements. I have enclosed a copy of the survey and we are again prepared to proceed with a view. William A. Duncan, Esquire April 21, 2008 Page 2 Please contact me with possible dates for a view so that I may coordinate the schedules of interested parties. Thank you. Very truly yours, KEEFER WOOD ALLEN & RAHAL, LLP By - /2 Eric R. Augus ' e waw Enclosure cc: Mr. R. Fred Hefelfinger (w/o enclosure) Mr. James P. Sheya (w/o enclosure) W. Andrew and Danielle M. Steele (w/o enclosure; via email) David W. DeLuce, Esquire (w/enclosure) Dale F. Shughart, Jr., Esquire (w/enclosure) Nathan C. Wolf, Esquire (w/enclosure) Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan April 24, 2008 Susan J. Hartman Eric R. Augustine, Esq. Dale F. Sh Keefer Wood Allen & Rahal, LLP ?, Jr., Esq. 10 West High Street 635 North 12"' Street, Suite 400 Carlisle, PA 17013 Lemoyne, PA 17043 David W. DeLuce, Esq. Nathan C. Wolf, Esq. Johnson, Duffie, Stewart & Wediner, P.C. Wolf & Wolf 301 Market Street, P.O. Box 109 10 West High Street Lemoyne, PA 17043-0109 Carlisle, PA 17013 E f/11(opy (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net RE: View of Property IN RE: Laying Out and Opening of a Private Road over property located in Shippensburg, Cumberland County Civil Action No. 07-190 Civil Term Dear Counsel: We would like to schedule a View on the above captioned matter on the dates selected on the enclosed Calendar. Those available dates, with the View scheduled for 2:30 P.M. are: Thursday, June 5, 2008 Tuesday, June 10, 2008 Thursday, June 12, 2008 Please mark dates on the enclosed calendar that you would not be available for the View and return it to my office via mail or fax. We have received a copy of the Survey and are now ready to view the property again. Thank you for your cooperation. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosure CC: James Sheya Fred Hefelfinger LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg Cumberland County W. ANDREW STEELE and DANIELLE M. STEELE Petitioners V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA BENDER, GREGORY J. HAGEN and MARIE B. HAGEN Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 190 CIVIL TERM NOTICE OF VIEW TO: Eric R. Augustine, Esq. Nathan C. Wolf, Esq. _Keefer_Wzod Allen-&Raha , Lf,R_ ___ Vt olf d V?el ---- 35 North 12* Street, Suite 400 10 West High Street Lemoyne, PA 17043 Carlisle, PA 17013 David W. DeLuce, Esq. Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Mr. R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine the location and necessity of the laying out of and opening a private road, together with damages, if appropriate. The Viewers will meet at the premises on Tuesday, June 10, 2008, at 2:30 P.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: May 14.2008 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda Froro:WOLF ? MIF, ATTY3 AT LAW 7172414437 06109/2,003 1F:'17 # lll P.i)(/00-12 NATHAN C. WOLF PHO" 717-241-4436 WOLF & WOLF ATTORNEYS AT C.AW 10 )nSTRGHSTREET CARLISLE, PENNSYLVAMA 17013 wolfandwo June 9, 2008 VIA PACSIM LE William A. Duncan, Esquire Board of View Chairman Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 Re: Steele v. Hagen, et al. No.: 2007-0190 Dear Mr. Duncan: STACY B. Wou PACSI?,= 717-241-4437 Please allow this letter to confirm that the Board of View meeting scheduled for June .10, 2008 at 2:30 p.m. has been continued generally while AttomeyDeLuce and I prepare to add additional patties and provide notice to them so that the alternative route across Cabin Lane can be explored. Thank you for your consideration in this matter. Very truly yours, Nathan W cc: David W. Del ace, Esquire (via fair) Eric R Augustine, Esquire (via fax) Gregory f - Hagen Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman October 10, 2008 Eric R. Augustine, Esq. Keefer Wood Allen & Rahal, LLP 635 North 12" Street, Suite 400 Lemoyne, PA 17043 Dale F. Shughart, Jr., Esq. 10 West High Street Carlisle, PA 17013 David W. DeLuce, Esq. Nathan C. Wolf, Esq. Johnson, Dine, Stewart & Wediner, P.C. Wolf & Wolf 301 Market Street, P.O. Box 109 10 West High Street Lemoyne, PA 17043-0109 Carlisle, PA 17013 1 e &OVtt. (717) 249-7'!80 FAX (717) 249-7800 dhlaw@pa.net RE: View of Property IN RE: Laying Out and Opening of a Private Road over property located in Shippensbarg, Cumberland County Civil Action No. 07-190 Civil Term Dear Counsel: We are requesting a status report on the above captioned case. - Please contact nwwhm You-m ready to have the View of t1wpieWses sc*iedul-ed: X _ Hearing would be scheduled to follow the View. Thank you for your cooperation in this matter. WAD/jda Enclosure Yours truly, DUNCAN & HARTMAN, P. C. William A. Duncan, Esq. CC: James Sheya Fred Hefelfinger KEEFER WOOD ALLEN & RAHAL, LLP CHARLES W. RUSENDALL II ATTORNEYS AT LAW ROBERT L. WELDON LDON ESTABLISHED IN 1878 EUGENE E. PE , JR 635 NORTH 12^' STREET, SUITE 400 - JOHN H. ENOS M LEMOYNE, PA 17043 of COUNSEL GARY E. FRENCH .-. HEATH L ALLEN DONNA S. WELDON PHONE 717-612-5800 N. DAVID RAHAL BRADFORD DORRANCE FAX 717-612-5805 SAMUEL C. HARRY JEFFREY S. STOKES __ - ROBERT R. CHURCH EIN No. 23-0716135 HARRISBURG OFFICE STEPHEN L. GROSE www.keeforwood.com 210 WALNUT STREET R. SCOTT SHEARER HARRISBURG. PA 17101 ELYSE E. ROOERS CRAIG A. LONGYEAR PHONE 717-255-8000 JOHN A. FEICHTEL _ STEPHANIE KLEINFELTER DONALD M. LEWIS= October 31 2008 ERIC R. AUGUSTINE , TODD F. TRUNT2 717-612-5803 CAROL L VERI8H eaugustine @keeferwood com William A. Duncan, Esquire Chairman, Board of View Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 RE: View of Property IN RE: Laying Out and Opening of a Private Road over property located in Shippensburg, Cumberland County Civil Action No. 07-190 Civil Term Dear Mr. Duncan: In response to your letter of October 10, 2008 regarding the status of this case, this letter is to advise that the Steele's are ready to have the view of the premises--scheduled -1= will-look forward- to- receiving a list of pus-sihla dates-for thy--- view. Very truly yours, KEEFER WOOD ALLEN & By waw cc: David W. DeLuce, Esquire Nathan C. Wolf, Esquire Dale F. Shughart, Jr., Esquire W. Andrew and Danielle M. Steele (via email only) LLP ?I I;I;I h I)l f'PIF RI( II V?D 11 S"Il:vt,vHT C Rut l1 l ID\I H ?R. I'.1)\Il \I) (?. ?Illliti U ttlu 11 I)F.LC(I iOll?. ? ?ItIICIt X111I I;'(\ tiflll'\I l\ 11-1 LR1l l), RF IlIG KFv 1v 1', l1:ISOfiyf R.U I'll it IVIt1(;Il l IR \1 UK (?- O( I IH ?t11I\ R \I\O",K) \11(11 tl ( ? C?,tj.tilO'f William A. Duncan, Esquire Duncan & Hartman, P. C. One Irvine Row Carlisle, PA 17013 J O SON DUFFIE November 3, 2008 Re: Steele v. Trayer, Benders, and Hagen* Cumberland County Civil Action No. 07-190 Civil Tenn Dear Mr. Duncan: 11F1_ISSA PEEL GRFFVN' RORFR'L M. WALKER WADF. D. MANLEY 1:LIZ.,IRF(fl D. SV'(A F.R KLLLY L. BO\A\\O OF COUNSEL IIUR:\CE A. 1Ofl\S()N E.1-1 SHIPMAN 11065 ?0 I am in receipt of Attorney Augustine's letter dated October 31, 2008 indicating that the Steele's are ready to have the view in this Private Road Action. However, process of gathering title information and intend on meeting with Attorney Nawe are currently in the than Wolf in the next few weeks to discuss how to join those property owners along Cabin Lane to this action. As we mentioned at the first attempt at a view, it is the position Trayer (our client) and the Hagens (Mr. Wolfs clients) that the extension of Cabin Lane would be a less disruptive and more direct route to the Steele's property. We hope to have all appropriate parties along Cabin Lane joined within the next month. Until that time, we ask that scheduling the view be delayed so that all interested parties can be present. Thank you for your consideration in this matter. Very truly yours, EDS: 349418 cc: Dale F. Shughart, Jr., Esquire Nathan C. Wolf, Esquire Eric R. Augustine, Esquire R. Scott Trayer JOHNSON, DUFFIE, STEWART 8, WEIDNER Elizabeth . Snover ???I 111 i I i ,IKF.f ASlIt V\ 1A 1 013 0111() !'.t t1 ;LI?It l n1I tLIIL'?i[rill ?t)1[ . 7 ------- JOHNSON, D 3 EIDNER, P.C. Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman November 25, 2008 Eric R. Augustine, Esq. Keefer Wood Allen & Rahal, LLP 635 North 12* Street, Suite 400 Lemoyne, PA 17043 David W. DeLuce, Esq. Nathan C. Wolf E ?• Johnson, Duffle, Stewart & Wediner, P.C. Wolf & Wolf 301 Market Street, P.O. Box 109 10 West High Street Lemoyne, PA 17043-0109 Carlisle, PA 17013 RE: View of Property IN RE: Laying Out and Opening of a Private Road over property located in Sbippensburg, Cumberland County Civil Action No. 07-190 Civil Term Dear Counsel: (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net We would like to schedule a View on the above captioned matter in either February or March 2009. Please mark dates on the enclosed calendars that you would not be available for the View and return it to my office via mail or fax. We hope- that by Prov iding enough l time this matter can move forwa d in tie new year. Thank you for your cooperation. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosure CC: James Sheya Fred Hefelfinger LAYING OUT AND OPENING OF : IN THE COURT OF COMMON PLEAS OF A PRIVATE ROAD : CUMBERLAND COUNTY, PENNSYLVANIA over property located in Shippensburg Cumberland County NO. 2007 - 190 CIVIL TERM W. ANDREW STEELE and DANIELLE M. STEELE Petitioners V. J. SCOTT TRAYER, ROBERT C., GREGORY J. HAGEN and MARIE B. HAGEN Respondents NOTICE OF VIEW TO: John A. Feichtel, Esq. Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11%3 Harrisburg, PA 17108-1%3 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 David W. DeLuce, Esq. Mr. R. Fred Hefelfinger Johnson, Duffle, Stewart & Weidner, P.C. 4 Todd Circle, Apt. D. 301 Market Sheet, P.O. Box 109 Carlisle, PA 17013 Lemoyne, PA 17043-0109 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 Prothonotaty's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine the location and necessity of the laying out of and opening a private road, together with damages, if appropriate. The Viewers will meet at the premises on Tuesday, February 10, 2009 at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date:-Januarv 6.2009 By; William A. Duncan, Esquire Chairman, Board of View WAD/jda WOLF & WOLF NATHAN C. WOLF PHONE 717-241-4436 ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PENNSYLVAMA 17013 wolfandwolfe embacnmail.com STACY B. WOLF FACsmLE 717-241-4437 January 13, 2009 John A. Feichtel, Esquire Keefer, Wood, Allen & Rahal, LLP 635 North 12'" Street, 4" Floor Lemoyne, PA 17043 Dale F. Shughart, Esquire 10 West High Street Carlisle, PA 17013 William A. Duncan, Esquire Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 Re: Steele v. Trayer, Bender & Hagen No.: 07-190 Dear Gentleman: Enclosed, please find the Joint Petition with Rule to Show Cause filet} with the court this date regarding the above-referenced matter. Thank you for your time and attention in this matter. Very truly yours, Nathan W NCW/nhm Enclosure JAN 1 4 20096, W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-190 J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN Respondents CIVIL ACTION -LAW RULE TO SHOW CAUSE AND NOW this day of 2009, upon consideration of the instant Petition filed by Dr. J. Scott Trayer, and Gregory J. gen and Maria B. Hagen a rule is issued upon the respondents, W. Andrew Steele and Danielle M. Steele, to show cause why the relief requested herein should not be granted. Pending the resolution of the instant motion, the View scheduled for February 10, 2009at9:00 a.m. is cancelled. Rule returnable within W days eft-date. FROM 3G rv iC e. BY THE COURT Distribution: John A. Feichtel, Esquire For the Steeles Dale F. Shughart, Jr., Esquire For Respondent Bender David W. Deluce, Esquire Elizabeth D. Snover, Esquire For Respondent Trayer Nathan C. Wolf, Esquire For Respondent Hagen William A. Duncan, Esquire For the Board of View W. ANDREW STEELE and IN THE COURT OF COMMON PLEAS OF DANIELLE M. STEELE, CUMBERLAND COUNTY, PENNSYLVANIA PETITIONERS V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, RESPONDENTS 07-0190 CIVIL TERM ORDER OF COURT AND NOW, this It I day of February, 2009, following a review of the petition to require joinder of additional parties and the answer filed thereto, IT IS ORDERED that the following parties shall be joined as additional defendants: (a) Richard E. and Kimberly N 221 Walnut Dale Road Shippensburg, PA 17257 Bard (Tax Parcel 1. D. 39-14-0165-001 E) (b) Kevin G. Young (Tax Parcel I.D. 39-14-0165-028) 227 Walnut Dale Road Shippensburg, PA 17257 (c) Stanley E. and Georgiana R. Rickrode (Tax Parcel I.D. 39-14-0165-29A) S Cabin Lane- _ _ _. -- Shippensburg, PA 17257 (d) George P. Stojkovich, Jr. 10 Cabin Lane Shippensburg, PA 17257 (Tax Parcel I.D. 39-14-0165-029B) (e) Catherine M. Williams (Tax Parcel I.D. 39-14-0165-033A) (for 20 Cabin Lane) 6 Gilbert Road Shippensburg, PA 17257 (f) Bruce K. and Patsy A. Rotz (Tax Parcel I.D. 39-14-0165-033) (for 40 Cabin Lane) 457 Airport Road Shippensburg, PA 17257 i a (g) William E. and Kerri E. Ferris (Tax Parcel I.D. 39-14-0165-034) (Cabin Lane - no number, vacant land) 51 Chestnut Grove Road Shippensburg, PA 17257 By t Court, Edgar B. Bayley, J. John A. Feichtel, Esquire For Petitioners David W. DeLuce, Esquire For Elizabeth D. Snover and J. Scott Trayer Nathan C. Wolf, Esquire For Gregory J. Hagen and Maria B. Hagen Dale F. Shughart, Jr., Esquire For Robert C. Bender and Barbara A. Bender William A. Duncan, Esquire For the Board of View :sal 1 , W. ANDREW STEELE and DANIELLE M. STEELE, PETITIONERS V. J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, RESPONDENTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD E. AND KIMBERLY N. BARD,: KEVIN G. YOUNG, STANLEY E. AND GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, JR., CATHERINE M. WILLIAMS, BRUCE K. AND PATSY A. ROTZ, WILLIAM E. AND KERRI E. FERRIS, ADDITIONAL RESPONDENTS 07-0190 CIVIL TERM ORDER OF COURT AND NOW, this _ Z- day of June, 2009, the Board of View appointed on April 17, 2007, shall proceed with the case except that the appointment of Fred Hefelfinger_isvacatedand ropes with Gary Sauss?---- By Edgar B. Bayley, n TTME COPY FROM REGM w*w. I h" Uft 0 my hW end OMsodam caud ncawpd. n "hwkiwo John A. Feichtel, Esquire For Petitioners David W. DeLuce, Esquire For Elizabeth D. Snover and J. Scott Trayer Nathan C. Wolf, Esquire For Gregory J. Hagen and Maria B. Hagen Dale F. Shughart, Jr., Esquire For Robert C. Bender and Barbara A. Bender H. Anthony Adams, Esquire For William E and Kerri E. Ferris William A. Duncan, Esquire For the Board of View Richard E. and Kimberly N. Bard 221 Walnut Dale Road Shippensburg, PA 17257 Kevin G. Young 227 Walnut Dale Road Shippensburg, PA 17257 Stanley E. and Georgiana R. Rickrode 8 Cabin Lane Shippensburg, PA 17257 George P. Stojkovich, Jr. - - - 10 Cabin Lane Shippensburg, PA 17257 Catherine M. Williams c/o Candy M. Coldsmith 6 Gilbert Road Shippensburg, PA 17257 Bruce K. and Patsy A. Rotz 457 Airport Road Shippensburg, PA 17257 :sal Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman October 2, 2009 John A. Feichtel, Esq. Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11%3 Harrisburg, PA 17108-1%3 (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net David W. DeLuce, Esq. Johnson, Duffle, Stewart & Wediner, P.C. 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 RE: View of Property IN RE: Laying Out and Opening of a Private Road over Property located in Shippensbarg, Cumberland County Civil Action No. 07-1" Civil Term Dear Counsel: We would like to schedule a View on the above captioned matter in either November or December 2089` Please mark dates on the enclosed calendars that you would not be available for the View and return it to my office via mail or fax. Thank you for your attention to this request. WAD/jda Enclosure Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. CC: James Sheya Gary Sausser r LAYING OUT AND OPENING OF : IN THE COURT OF COMMON PLEAS OF A PRIVATE ROAD : CUMBERLAND COUNTY, PENNSYLVANIA over property located in Shippensburg Cumberland County : NO. 2007 - 190 CIVIL TERM W. ANDREW STEELE and DANIELLE M. STEELE Petitioners V. J. SCOTT TRAYER, ROBERT C., GREGORY J. HAGEN and MARIE B. HAGEN Respondents NOTICE DF VIEW TO: John A. Feichtel, Esq. Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 --Rarrisburg, _ _ - - PA 17108-1963 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 H. Anthony Adams, Esq. Suite A 128 E. King Street ShiPPensburg, PA 17257 Stanley E. & Georgianna R. Rickrode 8 Cabin Lane Shippensburg, PA 17257 Elizabeth D. Snover, Esq. JOHNSON & DUFFLE 301 Market Street, PO Box 109 Lemoyne, PA 1 7043-01 09 Jane Adams, Esq. 17 W. South St. Carlisle, PA 17013 Richard E. & Kimberly N. Bard 221 Walnut Dale Road ShiPPensburg, PA 17257 Catherine M. Williams 6 Gilbert Road ShiPPensburg, PA 17257 David W. DeLuce, Esq. Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Strut, P.O. Box_109 Lemoyne, PA 17043-0109 Dale F. Shughart, Jr., Esq. 10 West High Street Carlisle, PA 17013 Kevin G. Young 227 Walnut Dale Road Shippensburg, PA 17257 Bruce K. & Patsy A. Rotz 457 Airport Road ShiPPensburg, PA 17257 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Mr. R. Gary Sausser 1306 Bosler place Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 W. Andrew dt Danielle M. Steele 17 Kower Court Mechanicsburg, PA 17055 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sauma, directing them to detennine the location and necessity of the laying out of and opening a private road, together with damages, if appropriate. The Viewers will meet at the premises on Thursday, December 17, 2009 at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: October 21, 2009 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda r LAYING OUT AND OPENING OF : IN THE COURT OF COMMON PLEAS OF A PRIVATE ROAD : CUMBERLAND COUNTY, PENNSYLVANIA over property located in Shippensburg Cumberland County NO. 2007 - 190 CIVIL TERM W. ANDREW STEELE and DANIELLE M. STEELE Petitioners V. J. SCOTT TRAYER, ROBERT C ., GREGORY J. HAGEN and MARIE B. HAGEN Respondents FfI - ?R1NG NQ=-O TO: John A. Feichtel, Esq. Elizabeth D. Snover, Esq. Keefer Wood Allen 8t Rahal, LLP JOHNSON dt DUFFIE 210 Walnut Street 301 Market Street, P.O. Box 11963 PO Box 109 Harrisb- -PA_ 17108-1963 Lemoyne PA 170434109 Nathan C. Wolf, Esq. Wolf dt Wolf 10 West High Street Carlisle, PA 17013 H. Anthony Adams, Esq. Suite A 128 E. King Street Shippensburg, PA 17257-1329 Jane Adams, Esq. 17 W. South St. Carlisle, PA 17013 Richard E. dt Kimberly N. Bard 221 Walnut Dale Road ShiPPensburg, PA 17257 David W. DeLuce, Esq. Johnson, Duffie, Stewart dt Weidner, P.C. 301 Market Street, P.4 Box 10?------------- Lemoyne, PA 17043-0109 Dale F. Shughart, Jr., Esq. 10 West High Street Carlisle, PA 17013 Kevin G. Young 227 Walnut Dale Road ShiPPensburg, PA 17257 r Stanley E. 8t Georgianna R. Rickrode 8 Cabin Lane ShiPPensburg, PA 17257 Catherine M. Williams 6 Gilbert Road ShiPPensburg, PA 17257 Bruce K. 8t Patsy A. Rotz 457 Airport Road ShiPPensburg, PA 17257 W. Andrew 8t Danielle M. Steele Mr. R. Gary Sausser 17 Kower Court 1306 Bosler Place Mechanicsburg, PA 17055 Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 r NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and R. Gary Sausser, directing them to determine the laying and opening of a private road. The Viewers will meet is the OW Cumberland County Courthouse Second Floor Courtroom on Tuesday, March 2, 2010, at 9:30 A.M., for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: 9/ 2009 By: William A. Duncan, Esquire Chairman, Board of View WADrda JERRY R. DUFFIE RICHARD W. STEWART C ROY WEIDNER. )R. FL)MUND G. MYFRS DAVID W. DELCI-E JOHN A STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVLN E. OSBORNE RALPH H. WRIGHT. )R. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY CHRISTOPHER S. LUCAS JLl=wsoiv DUFFIE February 12, 2010 MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) IChI'I'b'jz',? 1:vl \r? I l i VIA FIRST CLASS MAIL AND FACSIMILE TRANSMISSION John A. Feichtel, Esquire (Fax: 612-5800) H. Anthony Adams, Esquire (Fax: 532-6673) Keefer, Wood, Allen & Rahal, LLP 49 635 North 12m Street, 4?' Floor Shi Nest Orange Street, Suite 3 Lemoyne, PA 17043 Ppensburg, PA 17257 William A. Duncan, Esquire (Fax: 249-7800) Jane Adams, Es uire Chair of Board of View q (Fax: 241-2456) Duncan & Hartman, P.C. 17 W. South Street One Irvine Row Carlisle, PA 17013 Carlisle, PA 17013 Nathan Wolf, Esquire (Fax: 241-4437) Wolf & Wolf 10 West High Street Carlisle, PA t70t3 __ _ Re: Steele v. Trayer, et al. Cumberland County C.C.P. No. 07-190 Civil Term Dear Sirs and Madam: This office represents Respondent J. Scott Trayer in the above-referenced Private Road Action filed in Cumberland County, Pennsylvania. On behalf of our client, Hearing before the Board of View, scheduled for March 2, 2010, be cont nueare d u? it May 20101 or later. We are requesting the continuance because our engineer will be unable, due to the recent heavy snowfalls in the area, to complete his report in time for the scheduled hearing. We ask that the hearing be rescheduled in May at the earliest so that we can be sure to accommodate our expert's needs to view the properties without snow cover. 301 MARKET STR WWW. JDSWCOM JOHNSON, LVANIA 17043-0109 MAIL@JDSW.COM WEIDNER, P.C. r_ February 12, 2010 Page 2 Since our client is requesting the continuance, with which the Steeles have objected, we offer to work with counsel, particularly counsel for the Steeles, to find a new date for the hearing. If the Chair is inclined to grant the continuance, we ask that counsel contact this office with dates available for the rescheduled hearing so that we can find a convenient date for all and communicate that to the Chair of the Board of View. If you have any questions or need anything else regarding this matter, please feel free to contact the undersigned or, if I am unavailable, Elizabeth D. Snover in our office. Very truly yours, J NSON, D , ZSTART & WEIDNER EDS:392027 a4idDe L ce11752-8 cc: J Scott Trayer (via first-class mail) William A. Duncan Susan J. Hartman John A. Feichtel, Esq. Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 February 17, 2010 (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net David W. DeLuce, Esq. Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 RE' Haring Scheduled for March 2, 2010 Postponed IN RE: Laying Out and Opening of a Private Road over property located in Shippensburg, Cumberland County Civil Action No. 07-190 Civil Term Dear Dave and Other Counsel: We are in receipt of your letter of Fe scheduled for March 2, 2010 be berry 12, 2010 in which you ask that the Hearin "Father conditions of which the postponed. The reasoning in Your letter g Board is co iza -t< appears to be related to Due to the lack of concurrence of all Counsel, we will Continuance under the conditions that John Feichtel. E grant Your request for a sq. has first call for scheduling the Hearing. Board generally conducts Hearings on Tuesda s or Th April except the 13 and 20& are fine. All dates in May y wsdays and almost an y are also okay. Y date in Yours truly, DUNCAN & HARTMAN, P.C. qlp? WAD/jda CC: James Sheya Gary Sausser William A. Duncan, Esq. ou zr4??) ?? JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, IR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, IR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY CHRISTOPHER S. LUCAS v)ON JQ9 DUF FIE March 29, 2010 VIA FAX (No-no) and FIRST CLASS A/ William A. Duncan, Esquire Chair of Board of View Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 Re: Steele v. Trayer, et al. Cumberland County C.C.P. No. 07-190 Civil Tenn Dear Chairman Duncan: MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) This office represents Respondent J. Scott Trayer in the above-referenced Private Road Action which was filed by the Steeles in Cumberland County, Pennsylvania. We are in receipt of Mr. Feichtel's letter of March 25 2010 r na_scheduiing, AB we told Mr. Feichtek in an _ him sending that letter, May I appears to work best for the counsel we have had the oo pb ty to communicate with and, therefore, we are holding that date. Mr. Wolf is also available and holding May 11, 2010 and is unavailable on the 27"' of April, as are we. However, as we also told Mr. Feichtel, we are most likely not going to be able to present expert appraisal testimony on May 11, 2010. Additionally, with the factors the Board must consider in choosing which route is best (terrain, permitting issues, length, cost of construction and maintenance of the road, cost to compensate landowners, doing the least injury to private property etc.), the anticipated testimony in this case may require two hearing days. As such, we are agreeable to the 11 of May, so long as it is understood that the record will not be closed on that date so that we can arra testimony both as to the decrease in value to the Tra er nge for rebuttal expert appraisal well as the decrease in value to all properties along the Cabin property route.e mob Steele route as 301 MARKET STR WWWJDSWCOM JOHNSON, LVANIA 17043.0109 MAIL@JDSWCOM WEIDNER, P.C. William A. Duncan, Esquire March 29, 2010 Page 2 As such, we believe that an order should be entered scheduling the hearing before the Board for May 11, 2010, however, the record will not be closed on that date. A second day of testimony can be scheduled thereafter depending upon how much each party still has to present. Finally, we would like to propose deadlines for the production of expert reports. Petitioner's expert reports should be produced 30 days prior to the hearing and respondents' reports should be produced 15 days before the hearing, if available. As we mentioned, it is expected that our appraisal testimony will not be ready at this time. Very truly yours, NSON, DUFF , ST ART & WEIDNER EDS:3%405 ;-avid W. DeL ce 11752-8 cc: Jane Adams, Esq. (via fax and mail) John Feichtel, Esq. (via fax and mail) Nathan Wolf, Esq. (via fax and mail) H. Anthony Adams, Esq. (via fax and mail) Richard and Kimberly Bard (via mail) Kevin Young (via mail) Stanley and Georgiana Rickrode (via mail) George Sfojokovich (via mail) Candy W. Goldsmith (via mail) Bruce and Patsy Rotz (via mail) COO P \-y LAYING OUT AND OPENING OF : IN THE COURT OF COMMON PLEAS OF o PRIVATE ROAD : CUMBERLAND COUNTY, PENNSYLVANIA Property bated in Shippensburg Cumberland County NO. 2007 - 190 CIVIL TERM W. ANDREW STEELE and DANIELLE M. STEELE Petitioners v. 1. SCOTT TRAYER, ROBERT C., GREGORY 1. HAGEN and MARIE B. HAGEN Respondents TO: John A. Feichtel, Esq. Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 Elizabeth D. Snover, Esq. JOHNSON dt DUFFIE 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 Jane Adams, Esq. 17 W. South St. Carlisle, PA 17013 David W. DeLuce, Esq. Johns-m% Duffie, Stewart & Weidner, P.C. 301 Market Street, P-0. BOX 109 Lemoyne, PA 17043-0109 Dale F. Shughart, Jr., Esq. 10 West High Street Carlisle, PA 17013 H. Anthony Adams, Esq. Suite A 128 E. King Street Sh'PPensburg, PA 17257-1329 Richard E. 8t Kimberly N. Bard 221 Walnut Dale Road ShiPpeWburg, PA 17257 Kevin G. Young 227 Walnut Dale Road Sh'Ppensbwg, PA 17257 Stanley E. & Georgianna R. Rickrode 8 Cabin Lane Shippensburg, PA 17257 Catherine M. Williams 6 Gilbert Road Sh'M sburg, PA 17257 W. Andrew dt Danielle M. Steele Mr. R. Gary, Sausser 17 Kower Court 1306 Bosler Place Mechanicsburg, PA 17055 Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary,s Ofyice Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Bnrce K. dt Patsy A. Rotz 457 Airport Road ShiPPensburg, PA 17257 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of common pleas of Cumberland County has been issued to William A. Dun can, Esquire, James Sheya and R. Gary Sausser, directing thorn to determine the laying and opening of a private road, The Viewers will meet in the Old Cumberland County Courthouse Second Floor Courtroom on Tuesdayq May 11, 20109 at 10:00 A.M., for the performance of their domes under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date:--MMh 30 2010 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda TERRY R. DUFFIE RICHARD W.STEWART C. ROY WFIDNER, )R. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON I. SHIPMAN JFFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, IR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY May 7, 2010 William A. Duncan, Esquire Chair of Board of View Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 Re: Steele v. Trayer, at al. Cumberland County Private Road Action Docket Number 07-190 Civil Dear Chairman Duncan: MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965.2006) WRITER'S Nx-l' IS-4'L?II. e(I ??trllfjKK'.t'll? Enclosed please find a copy of the report of W. Max Shradley, Jr., PE in the above- referenced private road action filed on behalf of Respondent, J. Scott Tra er. By of , I am also serving the same on the counsel of record, unrepresented espondentsy andthistheletter members of the Board of View. other If you should need anything further or have any questions, please feel free- to undersigned directly. cor?taef the- Very truly yours, DUFFIE, STEWART & WEIDNER EDS:mlb:4m74 t1119beth D. Enclosure 11752.8 301 MARKET STI PENNSYLVANIA 17043-0109 WWW.IDSWCO. .3015 MAIL®IDSW,COM JOHNSON, f & J WEIDNER, P.C. JL?u°v`soiv DUFFIE William A. Duncan, Esquire May 4, 2010 Page 2 cc with enclosure: Jane Adams, Esq. John Feichtel, Esq. Nathan Wolf, Esq. H. Anthony Adams, Esq. Richard and Kimberly Bard Kevin Young Stanley and Georgiana Rickrode George Stojokovich Candy W. Goldsmith Bruce and Patsy Rotz James P. Sheya Gary Sausser RETTEW We answer to you. 5031 Richard Lane, Suite 111, Mechanicsburg, PA 17055 • (717) 697-3551 • Fax (717) 697-6953 E-mail: fettewgrettew.con, • Web site: rettew.eom Engineers Planners May 7, 2010 Surveyors Dr. J. Scott Trayer Landscape 239 Clover Hill Road Architects Newburg, PA 17240 Environmenta Consultants nts RE: Steele v. Trayer, et al Cumberland County CCP Docket No.: 07-190 (Private Road Action) Dear Dr. Trayer: As directed by your attorney for the above action, Johnson, performed a site visit on April 22, 2010 and walked the areas associated. I have also reviewed the plans prepared by Curlman & Zullinger Surveying, Inc. showing the proposed access to the William A. Steele property over the Trayer and Hagen properties and the access along Cabin Lane, and the Southampton Township Subdivision and Land Development ordinance dated 1994. Attached is a copy of the plan showing the existing topography, the property lines on surveys by Curfrnan & Zullinger Surveying, Inc., and the proposed access ali based on these reviews I offer the following evaluations. gnments• Based Tamer Property Route for Access to the Steele pro The proposed route through the Trayer and Hagen properties is shown on a plan dated March 21, 2008 by Curfman & Zullinger Surveying, Inc. The route follows an old logging path from the driveway access. in- fiont of the_.T dwelling through their approximately 504 feet in a southeasterly direction to the common comer of the for a Trayer pro?pertyy of - with the Hagen and the William E. Ferris property. The proposed access then proceeds along the eastern property line of Gregory J. Hagen being a common line with the Ferris property to a point at the northwest corner of the Steele property for a distance of 372 feet. The are a 25 foot wide access easement over the Tmyer and the Hagen The proposing the Proposed access through the Trayer property crosses an existing stream and possible wetlands and will require some selective clearing of trees. The wooded and will require extensive clearing and portion through the Hagen property is existing land to create an access road to the Steele probing of the existing trees and grading of the property. The costs associated with the proposed access drive include pipe to convey the stream under the road, grading to provide the crossing of the stream, road stabilization and co and grubbing of existing trees and vegetation, survey of the proposed route and ce engineering of the roadway and improvements, a wetland determination and delineation, and 8 the stream crossing. The permit could be a general permit or could be a joint gtttng of ing on the extent of the wetland impacts and other, issues. Wetland remediation could agl? be required. The estimated construction cost assuming a 12 foot wide access road is $13,832.50 as Mixed Sauces ------------- ^+r+r.r FSC Page 2 of 3 Dr. J. Scott Trayer May 7, 2010 RETTEW Project No. 10-08867-001 shown on the attached Trayer property route cost opinion. The estimated survey, engineering and permitting costs are $19,000.00 assuming a general permit is needed. The total estimated project cost is $32,832.50. If a joint permit is needed then the costs are estimated to be $3,000.00 additional. No costs have been included for any wetland remediation that may be needed. The major issues with this access are the existing stream, wetlands, permitting and possible remediation. The project may also need to include other features to control stormwater runoff if the roadway obstructs the existing runoff flow patterns in the area. Cabin Lane Route for Access to the Steele Pro I reviewed and evaluated the alternate route of utilizing existing Cabin Lane for access to the Steele Property. Cabin Lane is an existing private access road that extends from Walnut Dale Road (T-323) through several existing properties and extends to and beyond the eastern side of the Steele property. There are two (2) existing logging roads that extend from Cabin Lane to the Steele property. Access "A" is on the north side and Access "B" is on the southern comer. The existing Cabin Lane and the existing logging roads are shown on a plan with revision date of February 9, 2010 by Curfman & Zullinger Surveying, Inc. Cabin Lane is improved with bituminous paving and stone to a point approximately 550 feet to the northeast of the northeastern comer of the Steele property. A large portion of the ali properties has been recently timbered. The existing l0 alignment on the Ferris to and beyond the Steele 88mg road is well established and defined property. Little tree removal will be needed to provide access to the property along Access "A" as shown on the plan and minor tree removal will be needed along Access "B". There are no streams along the Cabin Lane route. Only one cross culvert was noted during the site visit and no water was flowing at that time. No apparent stream bed and banks were present entering or exiting the culvert. I have prepared estimated costs for the construction and professional fees for both the Access "A" and Access "B". The costs associated with the proposed Cabin Lane access drive include road stabilization and construction, minor clearing and grubbing of existing trees and vegetation, and survey of the proposed route and the engineering of the roadway and improvements. Most of the existing logging road is well established and stabilized and will permit access to the Steele pro require minimum work to perry. However, I have used the same unit road cost as the Trayer route estimate for comparison purposes. The estimated construction cost for Access "A" is $6,160.00, the survey and engineering is $9,000.00 for a total estimated project cost of $15,160.00. The estimated construction cost for Access "B" is $9,020.00, the survey and engineering is $11,000.00 for a total estimated project cost of $20,020.00. Access "A" and "B" do not impact any streams or wetlands and therefore, no costs have been included in the estimates. There are no major issues with the use of the Cabin Lane access routes. No streams, wetlands or wooded areas exist along the route. The project may need to address stormwater runoff control if the roadway work causes any obstructions to the existing runoff patterns in the area. Page 3 of 3 Dr. J. Scott Trayer May 7, 2010 RETTEW Project No. 10-08867-001 Conclusions ffm I Based on the review and evaluations conducted and presented above, I recommend that the Cabin Lane routing be utilized for access to the Steele property. The Cabin Lane routes utilize an existing established road, have minimal disturbance to the trees and vegetation, will avoid disturbance of any existing stream or wetlands, and is the least expensive costs for the construction of improvements for access. W. Max Shradley, Jr., PE Project Manager Enclosure 1:110110-08967-001lCiv WReport 5.5.1 O.doox J fj v*c UNIT ??C+ a. +. soon m?rot za aap Hai Ao STEELE Y. TRAYER, ET Al HETTEW, PROBABLE CONSTRUCTION COST OPINION we answer to you. Trayer Property Route PROJECT NO: 10-08867-001 MUNICIPALITY: Southampton Township DATE: 515110 Prepared By:1DS Checked By: WMS ITEM DESCRIPTION UNIT TOTAL I IS"SLCPP UNIT QUANTITY COST COST 2 FLARED END SECTION LF 25 S 25.00 Si 3 CLEARIGRUB EA 2 S 350.00 S 4 2A STONE, 6" DEPTH, INCL. EXCAVATION do PREP SY 1,300 S 2.00 S2,0 5 18"SILT FENCE SY 1,270 S 5.00 $ 3 6 ROCK CONSTRUCTION ENTRANCE LF 9 S 2.00 s l's ? I l t cnn SUBTOTAL $12,575.00 CONTINGENCY (10%) st s7 in TOTAL ESTIMATED CONSTRUCTION COST 513,832.50 Survey and Engineering S12,000.00 Wetland Determination and Permitting - General Permit ** 57,000.00 TOTAL ESTIMATED PROJECT COST S32,832.50 ** Ifa Joint Permit is needed, then the cost will increase by 53,000.00. RETTEw Associates, Inc. is not a construction contractor and therefore probable construction cost opinions are made on the basis of RETTE1Ma experience and qualifications as an engineer and represent RETI'E1Ms best professional generally familiar with the Industry, This wires RETTEW to make a number of assurnplions as teo actual conditions which will be encountered on the site, sp c tlic decisions of other design Pvlesstonals engaged; the means and methods of corutrugion the RETTEW has no control. Given these aasumptlons which must be made, R s is a fair and reasonable estimate for construction - - ETTEW states that the atx>vprobaWe ion the Probable Construction Cost Opinion prepared cosh but cannot and does not guarantee that equal construction coateottstr i t v cost from by RETTEW. J:'10%10-09867-00j%CjvM-%C01t Ea-Trger05-05.1010 Page 1 of 1 RETTEW PROBABLE CONSTRUCTION COST OPINION we answer to you. Cabin Road Route A PROJECT NO: 10-08867-001 MUNICIPALITY: Southampton Township DATE: 5/5/10 Prepared By: IDS Checked By: WMS NIT ITEM DESCRIPTION UOST 1 CLEAwGRUB gkS$ 2 2A STONE, 6" DE 2.00 PTK INCL. EXCAVATION 8t: pREp3 lg" SiLT FENCE 5.00 4 ROK CONSTRUCTION ENTRANCE 2.00 TOTAL COST 700.00 I S 500.00 $500.00 SUBTOTAL 55,600.00 CONTINGENCY (10X) Q TOTAL ESTIMATED CONSTRUCTION COST $6,160.00 .00 Survey and Engineering $15$9,,160000.00 TOTAL ESTIMATED PROJECT COST RETTEW Assodates, Inc. Is not a oonabuc Hon contractor and therefore probable oonstnxxion coat t>p?(orrs are made on the basis of RETTEW's experience and tttraiifcetiona as an engineer and professional gimpy famiAgr with the as This represent REITEW's best Judgment as an experienced and qualified design be encountered generally the alto; the a Industry. requires RETTEW to make a number of ass Padfic decisions of other design professionale engaged; ro"pt? as to actual consconditforis which wiq contractor will ?TfEyy has enp rrf, contractors R ? these lechniques es in deterr **V Mtn and mat ons st he time, and other factors o er which the Wilch =at be that cti Is a fair and reasonable aMmate for conal u? ts but cannot and does noE of guuarantee that aaci tuall cons??n costM II hoot very opinion from the Probable Constnrcdon Cost Opinion prepared by RETTEW. 1:1101104)8867-0011CieArunlCost Est.Tnyer-05-03.2010 Page I of 1 w RETTEW. PROBABLE CONSTRUCTION COST OPINION We answer to you. Cabin Road Route B PROJECT NO: 10-08867-001 MUNICIPALITY: Southampton Township DATE: 5/5/10 Prepared By: JDS Checked BY: WMS ITEM DESCRIPTION ?T TOTAL 1 CLEawGRUB SIT QUANTITY COST COST 2 2A STONE, 6 DE " WCL EXCAVATION dt PREP SY 200 S 2.00 S' 3 Igo SILT FENCE SY 1,140 S 5.00 55 ; 4 ROCK CONSTRUCTION ENTRANCE LF g00 S 2.00 , Sl,! SUBTOTAL CONTINGENCY (10%) TOTAL ESTIMATED CONSTRUCTION COST 59,020.00 Survey and Engineering $11,000.00 TOTAL ESTIMATED PROJECT COST 520,020.00 RETTEW Associates, Inc. Is not a construction contractor and therefore probable construc;N 10 REI-TEWs sslonr ??? and quallilcations as an engineer and represent RETTEyys best on cost opin ns are made on the basis of 9reNy famiNar with the Industry. This end R? to mate a judgment as an eperlenced and nuallW d r on the all&; the specific decisions of other design prohsslonak apd,11 as to actual conditions ? wIN contractor will e R'Ploy: contractors engaged: the means and EITEW has no control. (Yuen these ? in ??? Prtces and rnarlcet rAndidane at the tlme, fflethods and of construction the R a fair and no eadmate fa assumptions wt ft rrxrst be made, RETrEW states that the above Probo whid? the Probe d Constable a cost Opinion construction Costs but cannot and does not guarantee that actual consbuction sbb cost wiN cost vwg io Dose opinion -- -.--- _F?_p----_ bLr RE _-TTEW - ---- - not t vary from J:110u0-01a67-00rtclvaruntiCou Fs,-Tr M-03-os-2oro Page i of 1 JERRY R. DUFFIE RICHARD W STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY jLiU Foie MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN ANDREW J. PETSU, JR. CAROLYN B. MCCLAIN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965.2006) January 20, 2011 The Honorable Edward E. Guido Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Steele v. Trayer, et al. Docket Number: 07-190 Civil Term Dear Judge Guido: W1',ITL1`S EYT. N0.136 R-NIAII, jrn,,iLjd,,%,,. coin Enclosed please find a copy of a Praecipe to Discontinue which was filed on or about January 19, 2011, relative to a matter wherein a scheduling conference was to take place before Your Honor in Chambers on January 31, 2011, at 1:00 p.m. D be- iscos was nef forwarded--WYEHornoe tw 3note that the rence pe to canceled. As such, we are forwarding the same to your atterrtiona de could scheduling conference which was requested by Respondent Trayer be cancelleed in Ilightho ththe voluntary discontinuance by the Plaintiffs. e We are also directing this letter to the Chairman of the Board of View, William Duncan, Esquire, so that he would also be informed of the discontinuance of this action. It has consistently been the position of Respondent Trayer that all fees and costs of the Board of View be assessed against the Petitioners Steeles in accordance with the mandatory provision of 36 P.S. § 1852 through 1853. 301 MARKET STR WWWJDSWCOM JOHNSON, LVANIA 17043.0109 MAIL O JDSW.COM WEIDNER, P.C. The Honorable Edward E. Guido January 20, 2011 Page 2 If you should need anything further in order to close u any pe on this please feel free to contact the undersigned and/or the counsel for t Plaintiissues ndingffs, John Fe chtee, Esquire, directly. Very truly yours, EDS/mlb:429621 Enclosure cc with enclosure: William A. Duncan, Esquire John Feichtel, Esquire Nathan Wolf, Esquire Jane Adams, Esquire H. Anthony Adams, Esquire Richard and Kimberly Bard Kevin Young Stanley and Georgiana Rickrode Bruce and Patsy Rotz Catherine M. Williams JOHNSON, DUFFIE, STEWART & WEIDNER Eliza h D. Snover John A. Feichtel, Esquire Keefer Wood Allen & Rahal, LLP Attorneys for Petitioners 635 North 12'' Street, Suite 400 Lemoyne, PA 17043 Ph: (717) 612-5803 Fax: (717) 612-5805 'feichtel(cr?keeferwood com IN RE: LAYING OUT AND OPENING OF A PRIVATE ROAD over property located in Shippensburg, Cumberland County : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-190 Civil Tenn W. ANDREW STEELE and DANIELLE M. STEELE, Petitioners J. SCOTT TRAYER, ROBERT C. BENDER and BARBARA A. BENDER, GREGORY J. HAGEN and MARIA B. HAGEN, Respondents RICHARD E. BARD and KIMBERLY N. : BARD, KEVIN G. YOUNG, STANLEY E. RICKRODE and GEORGIANA R. RICKRODE, GEORGE P. STOJKOVICH, ; JR., CATHERINE M. WILLIAMS, BRUCE K. ROTZ and PATSY-A. ROTZ; -- and WILLIAM E. FERRIS and KERRI E. FERRIS, Additional Respondents PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF SAID COURT: Please mark the above matter discontinued, without prejudice. Respectfully submitted, Dated: January 2011 SAIDIS SULLIVAN, & ROGERS A. f LAYING OUT AND OPENING OF : IN THE COURT OF COMMON PLEAS OF A PRIVATE ROAD : CUMBERLAND COUNTY, PENNSYLVANIA over property located in Shippensburg ; Cumberland County , NO. 2007 -190 CIVIL TERM W. ANDREW STEELE and r DANIELLE M. STEELE °v n -- Petitioners ? ? • e r- -e, x > © J. SCOTT TRAYER ROBERT C M " , ., GREGORY J. HAGEN and y ? rr_ MARIE B. HAGEN ` Respondents , ORDER OF COURT AND NOW, this Sl - day of 2011, Board of View appointed on April 17, 2007 is hereby vacated and the Bill of Costs attached to its Report is ordered to be paid. I - CA icy. beLuc eI'i CCp f es 4""'l"o( a Jy f j, )e4t-