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vs.
IN THE COURT OF COtIMON PlEAS
OF CU~ERLAND COUNTY,
PENNSYLVANIA
NO.
ACTION TO QUIET TITLE
RONALD E. TIPPETT,
Plalnllff
JOHN H. SURRY and
MARY K. SURRY, his wife.
Defendants
COMPLAINT
AND NOW. comes the Plaintiff. RONALD E. TIPPeTT. by and through his allorney,
Charles E. Shields. III, Esquire, of 2 West Msln Street. Mechanlcsburg. Cumberland County,
Pennsylvania. and makes this complaint against the Defendants named herein, their heirs,
devisees. executors. administrators, successors. agents. and assigns and any and all other
persons known or unknown who are claiming or may claim by. under. or through the Defendants
named herein, any right. title, estate, lien or Intersst In the real estate property described
herein adverse to the Plaintiff's title and for cause of action alleges the following:
1 . The Plaintiff Is Ronald E. Tlppell, an adult Individual who resides at the subject
premises. which has an sddress of 3600 Gollvlew Drive. Mechanlcsburg, Hampden Township.
Cumberland County. Pennsylvania. 17055 and which Is also designated as tax parcel # 10.16.
1056-011.
la. The Defendants are John H. Surry and Mary K. Surry, his wife, who ars adult Individuals
who reside at premises having an address of 1009 S. Waterford Way. Mechanlcsburg, Hampden
Township, Cumberland County, Pennsylvsnla. 17055.
I. RE: PLAINTIFF AND HIS PREMISES
2. Plaintiff acts for himself and his heirs. devisees. executors, administrators, and assigns
In this mailer.
3. The said Plaintiff has been continuously In possession of and resident on the said
premises for a period In excess of eighteen (18) years.
4. The said Plaintiff has paid property taxes on the said premises lor a period In excess of
1
.
eighteen (18) years.
5. The subject premises consists of a tract of two (2) tracts. described as follows:
ALL THAT CERTAIN piece or parcel of land situate In the Township of
Hampden. County of Cumberland and State of Pennsylvania. bounded and described
as follows:
TRACT NO.1 BEGINNING at a point In the center line of a public road at the
corner of land of George A. Brooks: thence along the center line of said pUblic road
South 87 degrees 45 minutes West 50 feet to a point In the center line of said
public road at the corner of land of Samuel R, Brooks: thenca along the line of land
of Samuel R. Brooks. North 8 degrees 30 minutes West 251 feet to a pin; thence
conllnulng along the line of land of said Samuel R. Brooks, North 42 degrees 45
minutes East 63 feet to a point In the center of the channel 01 a run at the line of
land 01 Salvatorfl Acrl; thence down said run by the center 01 Its channel along the
line of land 01 Salvatore Acrl 157 feet, more or less, to a point In the center 01
the channel 01 said run. and at the corner ollsnd of George A. Brooks: thence along
the line 01 land 01 George A. Brooks South 31 degrees West 50 lest to a point;
thence continuing along the line 01 land 01 George A. Brooks South 8 degrees 30
minutes East 117 leetto a point In the csnter line 01 said public road, the place 01
BEGINNING.
CONTAINING 0.43 of an acre.
TRACT NO. 2 BEGINNING at a point In the center line 01 a public road, at the
corner 01 lands 01 George A. Brooks and Janet E. Brooks, his wife; thence along
said lands of George A. Brooks and Janet E. Brooks. his wile. North 8 degrees 30
minutes West 117 feet to a pin; thence continuing along land 01 same, North 31
degrees East 50 leetto a point In lhe center of the channel of a run at line 01 lands
now or lormerly of Salvatore Acrl: thence down said run by the center 01 Its
channel and along lands now or lormerly of Salvatore Acrl, a distance of 315 fe";
more or less, to a point In the center of a bridge over said run, said run, said
bridge being located In the public road, South 87 degress 45 minutes West 282
leet to a point In the center line 01 said publiC road, the place of BEGINNING.
(repetlllon Is In said original)
CONTAINING 0.5501 an acre.
II RE: PLAINTIFF'S CHAIN AND DERIVATION OF TITLE.
6. The Commonwealth 01 Pennsylvania delivered a warrant. numbered 575, lor a larger
tract of land then situate In East Pennsborough Township, now Hampden Township, totalling
220 Acres dated June 20. 1808. to Edward Burd. Esquire and Sarah Lea. Executors of Edward
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Shippen late of the city of Philadelphia, Esquire, deceased and Trustees for the heirs and devises
of the said Edward Shippen and to Joseph Shippen 01 the Borough of Lancaster, County of
Lancaster, Esquire.
7. Said warrant and ths survey made thereon were c::ompleted on July 25, lBOB and were
returned on August 1 B, 1 B08 and accepted on August 24, 1 BOB, and showed, pursuant to the
surveyor's draft, a tract 01 223 Acres, 76 perches plus allowance of six (6%) per cent for
roads, etc., recorded In Survey Book "C" volume 9, pags 125. (see copy of said dr&ft made by
William Wheeler, Deputy Surveyor, allached hereto as Exhibit A).
8. Subsequently. the said warrsntees. on August 19, 1808, obtained a Patent Irom the
Commonwealth 01 Pennsylvania to these said lands. called "Florence", which was accepted and
recorded In Patent Book "P", volume 63. page 297 on August 24. 180B, whereby the said
warrsntees obtained ownership In lee In their various capacities.
9, The said Patentees, grsnted the said tract known as "Florence" to Jacob Miller of the
County of Cumberland, yeoman, by deed dated Septembsr 19. 1808 and recorded October 31,
1809 In the Recorder's Office In and lor Cumberland County In Deed Book "T", volume I, page
254,
1 O. Abraham Miller and Abraham Bretz. Executors 01 the last will and testament of the said
Joseph Miller. deceased, granted and conveyed a tract of 124 acres and 51 perches, neat
measure. being the southern part of the said "Florence" tract, to Joseph Eslinger by deed dated
April 13, 1840 and recorded April 14, 1840 In the Recorder's Office aforesaid In Deed Book
"55". volume 1. page 361. (see Exhibit B.)
11, James T, Durfee, Esquire. Clerk 01 the Orphans' Court for the County of Cumberland. In
the Commonwesllh 01 Pennsylvania. pursuant to an order of the said Orphans' Court, granted
and conveyed the aforesaid southern part of said "Florence" to Samuel L. Eslinger, by deed dated
November 6. 1899 and recorded November 22. 1899 In the Recorder's Office aforesaid In Deed
Book "Z". volume 5, page 429. (Hampden Township having been formed out of East
Pennsborough [now spelled Pannsboro] Township, In 1845. the tract was designated as being
situate partly In Hampden Township and partly In East Pennsboro Township).
12. The said Samuel L. Eslinger and Mary J. Eslinger, his wife. granted and conveyed the
same said tract to Henry E. Barley by deed dated and recorded on April 1. 1907 In the
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Recorder's Olllce aloresald In Desd Book "0', volume 7, page 137.
13. The said Henry E. Barley and Helen M. Barley, his wile, grantsd and conveyed the same
said tract to Salvatore Acrl by deed dated December 15, 1923 and recorded December 17, 1923
In the Recorder's Office aloresald In Deed Book "5', volume 9, page 301.
14. The said Salvatore Acrl and Felomlna Acrl. his wile, granled and conveyed a part 01 the
said tract consisting 01 approxlmalely Iwo and one.hall (2 1/2) Acres, and bounded on the east
by Ihe cenler line 01 a run, to Samuel R. Brooks and Mary C. Brooks, his wife, by deed dated May
6, 1939 and recorded July 27, 1940 In the Recorder's Olllce eloresald In Deed Book "E',
volume 12, page 281.
15. The descrlpllon In said deed Is as lollows:
BEGINNING at a point In Ihe public road and at corner 01 lands herein
conveyed and land 01 Ezra Wertz; thence along land 01 Ezra Wertz lollowlng a
lence line, North 1 degree snd 45 mlnules East 679 leel to a point; Ihence by
other lands 01 Ihe grantors Soulh 88 degrees and 15 minutes East 7~ Iset, more
or less, to B HlckoQl Tree on the bank of th9 run: thence down said run by the
cenler of lIs channel as It flows 856 leet, more or less, 10 Ihe center 01 the public
road; thence along Ihe public road and olher lands of the grantors and Harvey
Meek South 87 degrees and 45 minutes West 483 leet, more or less, to Ihe point
in the cenler of said public road al Ihe line 01 Ezra Wertz, the place 01 Beginning.
(Emphasis added). (see Exhlbll C which shows Ihe boundaries 01 Barley's Deed to
Acrl, Exhibit 0 which uses II as a basis and overlays Acrl's deed to Brooks with
designations 01 lurther subdivisions lor the Plalntlfl Mr. Tippen, and his
neighbor, Mr. Slack. Also, see Exhibit E which shows Ihe pertinent parts 01 a
survey by Mr. Rechel which was allsched to Dsed 19 a 335 as an Exhibit).
16. The said Samuel A. Brooks and Mary C. Brooks. also known as Mary Brooks, his wile,
granted and c<lnveyed a part 01 the said tract, being Tract No.2 01 the subject premises herein,
to George A. Brooks. by deed dated June 21. 1947 and recorded July 1, 1947 In the Recorder's
Ollice aloresald in Deed Book "N". volume 13. page 341.
17. Subsequenlly. Ihe said Samuel R. Brooks and Mary C. Brooks, his wife, and Ihe said
George A. Brooks. lor various and sundry purposes sppearlng In Ihe deed. granted and conveyed
Ihe said Tract No.2. to George A. Brooks and Janet E. Brooks, his wife, by deed daled September
22, 1960 and recorded September 27, 1970 In the Recorder's Olllee aloresald In Deed Book
"A", volume 20, page 42.
1 8. The description In said deed is ss lollows:
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BEGINNING at a point In the cenler line 01 a public road, 811he corner of
lands of George A. Brooks and Janet E. Brooks, his wile; thence along said land of
George A. Brooks and Janet E. Brooks, his wile, North 8 degrees 30 minutes
West, One hundred seventeen (117) leelto a pin; thence continuing 810ng lands 01
same, North 31 degrees East, IllIy (50) leet 10 a DOlnl In tha canler of the
chRnnal of II run at IIn9 of tandA now or formEnt" of SalVAtore A~rl~ th8n~8 down
laid run qy the cenler of lis channel and along lands now or formerly 01 Salvatore
Acrl, a distance 01 Three hundred IllIeen (315) leet, more or less, to a point In
the center 01 a bridge over said run, said bridge being located In the public road
aforesaid; thence along the center line 01 said public road, South 87 degrees 45
mlnules West, two hundred elght.two (282) leet to a point In the center line of
said public road. ths place 01 BEGINNING.
CONTAINING lilly-live one-hundredths (.55) of an acre. (Emphasis
added)
19. Also, ths said Samuel R. Brooks and Msry C. Brooks, his wile, granted and conveyed
another part 01 the said tract, being Tract NO.1 01 the subject premises herein, to George A,
Brooks and Janet E. Brooks. his wile, by deed dated January 28, 1960 and recorded February 6,
1960 in the Recorder's Office aforesaid In Deed Book "a", volume 19, page 332,
20. The description In said deed Is as lollows:
BEGINNING at a point in the center line 01 a public road at the cornsr 01
land 01 George A. Brooks; thence along the center line of said public road South
slghty.seven (87) degrees 10rty.lIve (45) minutes West. IllIy (50) feet to a
point In the center line 01 said publiC road et the corner 01 land 01 Samuel R.
Brooks; thence along the line 01 land of Samuel R. Brooks, North sight (8)
degrees thirty (30) minutes West. two hundred lilly-one (251) feet to a pin;
thence continuing along the line 01 land 01 said Samuel R. Brooks, North forty-two
(42) degrees 10rty-lIve (45) mlnules East, sixty-three (63) leet 10 a oolnl In
the canter of the channel of II run at the line of land of Salvatore Actl: thence down
said run by the center of lIs channel and along the line 01 land 01 Salvatore Acrl
one hundred lilly-seven (157) feet, more or less, to a polnlln the cenler of ths
channel of said run, and at the corner 01 land 01 George A, Brooks; thence along the
line of land 01 George A. Brooks South thlrty.one (31) degrees West filly (50)
leet to a point: and thence continuing along the line 01 land of George A. Brooks
South eight (8) degrees thirty (30) minutes East, one hundred seventeen (117)
feet to a point In the center line 01 said public road. the place of BEGINNING.
CONTAINING forty.three hundredths (0.43) of an acre. (Emphasis added)
21 . The said George A. Brooks and Janet E. Brooks, his wife, granted and conveyed both I.uIc1I
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~ and t:Q.,i, comprising the enllrety 01 the subject premls85 herein, to Ronald E. Tippett and
Judith A. Tippen, his wile, by deed dated and recorded August 28, 1975 In the Recorder's Office
aforesaid, In Deed Book "F", volume 26, page /527.
22. The said ROllald E. Tlppell and Judith A. Tlppell, his wile granted and conveyed the said
premises to Ronald E. Tlppell by deed dated June 17, 1992 and recorded August 17, 1992 In the
Recorder's Office alOrt3SBld In Deed Book "V", volume 35, page 410, whereupon lultlllle to the
subject premises became vested In the Plaintiff herein.
III. RE: DEFENDANTS' CHAIN AND DERIVATION OF TITLE.
23. Delendants' chain ollllle 15 derived Irom the same primary sources as Is Plaintiffs as Is
more lully oulllned and explained In Paragraphs 6 through 13 above.
24. Alter Salvatore Acrt and Felomlna Acrt, his wile, had already granted and conveyed the
tract relerred to In Paragraphs 14 and 15 above to Samuel R. Brooks and Mary C. Brooks, his
wile, the said Acrls granted and conveyed a large tract composed of what were once lour separate
farms, Including the balance of the Barley tract to Ovldlo Acrl snd Ellglo Acrl, by deed dated and
recorded May 27, 1940 In the Recorder's Olllce aforesaid In Deed Book "0," volume 12, page
375.
25. The descrlpllon In said deed Is as follows:
BEGINNING at a point near a white oak tree along the public road and
opposite the land 01 Mrs. Arnold (Bretz Estate) and at the land conveyed to Edward
B. McClune; thence North 67 degrees East 575 feet, more or less, to an Iron road
at the corner 01 the land 01 Samuel R. and Ruth A. Moore land North 39 degrees
East 263 feet to the site of hickory stump near a sour cherry tree and at corner
of the land of Ralph Early; thence along the land of Ralph Easily North 88 degrees
East 73 perches (1204.5 It.) to a stone; thence by same South 39 degrees 15
minutes East 18.5 psrches (305.25 fl.) to a stump; North 61 degrees East 53
perches (874.5 It.) to a point In the Holtz Run and other lands of S. Acrl,
grantor; thence down Holtz Run South 34 degrsss 45 minutes east 12.6 perches
(207.9 It.); thence by same South 61 degrees 15 minutes East 8 perches (132
fl.); thence by same South 45 degrees 45 minutes East 15.3 perches (252.45
It.) to a point In the run; thence stili by the land of S. Acrl South 52 degrees 45
minutes West 14 perches (231 It.) to a chestnut oak; thence by same South 72
degrees 15 minutes West 6 perches (99 ft.) to a stone; thence sllll by Acrl South
12 degrees 45 minutes East 19.5 perches (321.75 ft.) to a point where the
Cornman farm loins the Holtz farm; thence by the same bearing 32.5 perches
(536.25 fl.) a total of 858 feet to corner of the Moore Farm; thence stili by Acrl
land North 81 degrees 45 minutes East 443.85 feet, more or less to a black oak,
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at the comer 01 the land 01 C. Melaro; thence by Magaro land South 32 degrees 45
minutes East 34.3 perches (565.95 ft.) to the corner 01 the Magaro land at or
near a cherry trse; thence by same North 83 degrees East 8.5 perches (140.25
ft.) more or less, to a point In the Holtz run; thencs Southeasterly In the center
01 the run 375 leetlo a point In the run at the land 01 Edward B. McClune and near
a pine tree; thence alono the line 01 McClune South 54 1/2 degrees West 120
leet, more or less. to a dogwood tree; thence sUII by McClune lollowlng a lence
line South 21 degrees 30 minutes East 212 leet to a bend In the lence line; thsnce
by same South 0 degrees 30 minutes East along the lence 573 leel to a bend In the
lence; thence South 7 degrees East 200 leet, more or less. to a post at corner 01
the lence L1ns; thence stili by McClune North 87 1/2 decrees East 520 leet.
more or less. to the Conodogulnet Creek; thence Southerly up along the creek
2130 leet. more or less, to the line 01 land 01 Herman Grennlnger; thence along
the Grennlnger land South 87 degrees West 127 perches (2095.5 ft.) to a point
at the line 01 the land 01 Harvey Meck; thence along the Meek land North 48
degrees West 285 leet, more or less, to a point In the run and at land 01 Samuel L.
And MaN C. Brooks' Ihance UD t~A run And by the land af Brooks NorthwAstArlv
880 leel. more or less. to a hlcko(y tree; thence by same North 88 3/4 degrees
West 70 leetto the line 011. C. Wertz; thence along the land 01 Wertz North 1 1/4
degrees East 1035 feet, more or less to a point; thence by same North 12 degrees
East 958.65 leetto a point at the line 01 the Holtz larm, thence sUII by Wsrtz
South 80 degrees 30 minutes West 5.24 perches (86.46 ft.) to a point at the
corner lormerly 01 the Cornman larm; thence stili by Wertz North 77 degrees
West 62.2 perches (1026.3 ft.) to a point; thence by same North 75 degrees
West 30.2 perches (498.3 II.) to a post; thence l;Iy same South 9 degrees 30
minutes West 28.3 perches (467 II.) to a corner; thence by I. C. Wertz South 83
degrees 15 minutes West 34.76 perches (573.54 II.) to the line 01 the land 01
George Feister; thence by Feister land North 4 degrees 30 minutes East 31.1
perches (513.15 11.) to a point; thence by same North 16 degrees 15 minutes
East 42.6 perches (702.9 II.) to a corner at publiC road; thence along the same
North 85 degrees West 37.5 perches (618.75 It.) to the corner 01 public roads;
thence along public road and the land 01 G. C. Roth North 14 degrees 15 minutes
East 965 leet to a point at or near the while oak tree, the place 01 BEGINNING.
CONTAINING three hundred and thirty.f1ve (335) acres, more or less.
(emphasis added) (Inconslstenclss In spelling and the like are In original.)
26. Thfl successors In lItle to the said Acrls, to wit: CCNB Bank. N.A., 01 Camp HIli,
Cumberland County, Pennsylvania, Trustee 01 the Elizabeth Mary Acrl Trust, and Elizabeth
Mary Acrl. widow. 01 East Pennsboro Township. Cumberland County, Pennsylvania. and CCNB
Bank, N.A. and Michael F. Acrl, Co.executors 01 the Estate 01 Ellglo E. Acrl, granted and conveyed
a tract 01 approximately 145 Acres. Including the erse bounded on the herein mentioned run,
7
subject to some reservallons and exceptions, to South Central Service Corporallon, a
Pennsylvania Corporation, Chester J. Acker and Helen M. Acker. his wife. and Hampden Square
Development Company, a Pennsylvania Limited Partnership. by Its General Partner, Delweller
Enlerprlses, Inc., by deed dated June 25. 1982 and recorded June 29, 1982 In Ihe RllCOrder's
Office aforesaid In Deed Book "U," volume 29. page 983.
2 7. The description In said deed Is as follows:
BEGINNING at a spike In Ihe cenler of a public road; thence along lands
now or formerly 01 S. Acrl, North 81 degrees 45 minutes East, 253.85 leetto a
black oak; thence along lands now or formerly of C. Magaro, South 3:! degrees 45
minutes East, 565.95 leetto a point near a cherry tree; thence along lands now
or lormerly of C. Magaro, North 83 degrees East, 140.25 feet to a point In the
Holtz Run; thence southeastwardly along the center of the Holtz Run. 375 feel to a
point near a pine tree; thence along lands now or formerly of Edward B. McClune.
South 54.1/2 dagrees West, 120 feet to a dogwood tree; thence by lands now or
formerly of Edward B. McClune, South 21 degrees 30 minutes East, 212 f88tto a
bend In the fence line; thence by lands nor or formerly of Edward B. McClune.
South 00 degrees 30 minutes East. 573 feet to a bend In the fence; thence along
lands now or formdrly of Edward B. McClune, South 07 degrees East, 200 feet to
a post 520 feet from the west bank of the Conodogulnet Creek; thence southwardly
along lands nor or formerly of Ovldlo Acrl, 2130 feet. more or less, to a point In
lands nor or formerly of Herman Grennlnger, 520 feet from the west bank of the
Conodogulnet Creek; thence along lands now or formerly of Herman Grennlnger.
South 87 degrees West, 1575.5 feet to a point; thence slong lands nor or
formerly of Harvey Meck, North 48 degrees West. 285 feet to a point In a Itm;
thAnC9 northwardlv alana said Run. 860 fAB. to a hickory tra9S; thence along
lands nor or formerly of Samuel L. Brooks, et ux, North 88.3/4 degrees West.
70 feet to a point; thence along lands nor or formerly of I. C. Wertz, North 1-
1/4 degrees East, 1035 feet to a point; thence along lands now or formerly of I.
C. Wertz, North 12 degrees East, 958.65 feet to a point; thence along lands nor
or formerly of I. C. Wertz, South 80 degrees 30 minutes West. 85.46 feet to a
point; thence along lands nor or formerly of I. C. Wertz, North 77 degrees West,
150 feet. more or less, to a stake; thence along lands now or formerly of Ovldlo
Acrl, North 15 degrees East, 286.5 feet to a stake; thence along Isnds now or
formerly of Ovldlo Acrl, South 80 degrees 38 minutes East, 1315 feet to a center
of a public road; thence along the center of said public road, North 03 degrees 05
minutes East 516 feet to a stake in the center of said public road; thence along the
center of said public road, North 64 degrees 33 minutes West. 155.8 feet to a
stake In the center of said pUblic road; thence along the center of said public road,
North 10 degrees 47 minutes West, 493 feet to a spike, the Place of BEGINNING.
CONTAINING 145 acres and 60 perche'!, more or less. (emphasis added)
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2B. Subsequent to the signing, sealing, delivery and acceplance of Ihe aforesaid deod from
CCNB Bank, N.A., et ai, 10 South Central Servlcs Corporation, et ai, In or about April of 19B9,
Gannell Fleming Civil Engineers apparently proceeded to surveyor approved a survey ollhe
aforesaid described property clearly bounded by the center IIns 01 the run separating the Slid
property Irom that 01 Messrs, Slack and Tippell.
29. In connection with said survey. a subdivision plan was prepared lor Ihe owners: Soulh
Central Service Corporation; Chester J. Acker and Helen M. Acker, his wile; and Hampden
Square Development Compeny and lor the Developer: Pamay Development Company, Inc.
30. The said subdivision plan Includes an owner's statement which states: "Ills hereby
certified Ihatthe undersigned has legsl or equitable title to Ihe land shown." The statement Is
then signed by the said owners or their authorized representatives.
31 . Based at least partly upon said representation, the said subdivision plan was
recommended lor approval by the Hampden Township Planning Commission on May 11, 1989,
was reviewed by Ihe Cumberland County Planning Commission on May 18, 19B9, was examined
by Ihe Hampden Township Board 01 Commissioners on June 6, 1989, was approved by Ihe
Hampden Township Engineer on June 22, 1989 and was recordsd In the Recorder's Office
aloresald on June 23, 1989 in Plan Book 58. psge 79 undar the IIIle: "Phase VIII, Final
Subdivision Plan 01 Klngswood."
32. Said Final Subdivision Plan totally and flagrantly Ignored the clearly established
boundsry 01 long standing between the tract surveyed and deslgnsted on said Subdivision Plan as
"Out Parcel" and that 01 Messrs. Tlppell and Slack.
33. Pursuant to said Final Subdivision Plan. Soulh Central Service Corporation, Hampden
Square Limited Partnership, Chester J, Acker and Helen M. Acker, his wile, granled and
conveyed the said "Out Parcel" 01 approximately 17.502 Acres to pamay Development Co., Inc.,
a Pennsylvania business Corporation with Its principal olllces In Hampden Township,
Cumberland County by deed dated August 7, 1989 and recorded August 8. 1989 In Ihe
Recorder's Olllce aloresald In Deed Book "C." volume 34, page 318.
34. The description in said deed Is as lollows:
BEGINNING at a point on the northerly sideline 01 Gollvlew Drive, a filly
loot (50') public rlght.ol.way at the northeastern corner 01 an area shown as
"oul parcel" on the aloresaid plan; thence by Gollvlew Drive the lollowlng five
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courl8s and dlstanc8B: 1. South seventy-flve degre8B forty-six minutes twenty
I8conds West (5 750 46' 20" WI, a distance 01 eighty-one and live one
hundredths leet (81.05'); 2. By the arc 01 a curve to the left having a radius 01
lour hundred leet (400'), an arc length 01 one hundred eight-two and slxly-
seven one hundredlhs feet (182.67'); 3. South lorty-nlne degrees thirty-six
mlnutss twenty seconds West (5 490 36' 20" W), a distance 01 eighty-six and
six one hundredths leel (86.06'); 4. By the arc 01 a curve to the right having a
radius 01 three hundred seventy leel (370'), an arch length 01 one hundred
seventeen and seventy-five one hundredths leet (117,75'); and 5. Soulh
sixty-seven degrees IIlly minutes twenty seconds West (5 670 50' 20" W), a
distance 01 ninety and lilly-nine one hundrsdths leet (90.59'); thence tlv lands
now or formerly of C. E. Slack. the followlna five (5\ Mur898 and distances: 1.
North shdy daQr98S forty-ona minutes fluty..elllht sRMnds West iN 600 41'..Jl:
W\. a distance of on9 hundred twelve and shdAen one hundredths fAAt 1112.161\:
2. North fI"v-nlne deorees thlrty.flve minutas two seconds West ~N 590 ~5'
02" W\ a distance of 9lohtv..nlne And sixty-five one hundradths fAA' 189.88'\:
~. North twenty. four degrAAs fift,.,.two minutes flftv.anA seconds WABt iN 240
S2' 51" W\. a distance of two hundred elghtAR" and SAventeen DnA hundrAdths
'AAt 1218.17'\: 4. North tAn deorAAS twenty-seven minutes flfty.two &AConds
West IN 10Q 27' 52" W\. A distance of three hundred ninety-nine and ninety.
one hundredths feAt i399 91'\: 5. North AIQhty.~d)( dellrAA& thirty-one
minutes flftv-one sAl".Onds WAst iN 860 31' Sf' W\. A distance of seventy-three
leel /73'\ to a DOlnt; thence by lands now or lormerly 01 Pamay Development Co.,
Inc. the lollowlng eight courses and distances: 1. North eight degrees thirty-
two minutes twenty seconds West (N 080 32' 20" WI, a distance 01 nlnely-lIve
and sixty-three one hundredths leet (95.63'); 2. North seven degrees seven
minutes fifteen seconds West (N 070 07' 15" WI, a distance 01 lour hundred
ninety-eight and thirty-lour one hundredths leet (498,34'); 3. North lorty-
seven degrees zero minutes zero ssconds West (N 470 00' 00" W), a distance 01
nine and thirty-two one hundredths leet (9.32'); 4, North lourteen degrees
nineteen minutes twenty.one seconds East (N 140 19' 21" E), a distance 01 two
hundred seventy-seven and elght.three one hundredths leet (277.83'); 5.
North eleven degrees ten minutes thirty. nine seconds West (N 110 10' 39" WI,
a distance 01 two hundred twenty-four leet (224'); 6. North twenty-three
degrees twenty-live minutes thirty-nine seconds West (N 230 25' 39" WI, a
distance 01 one hundred live and seventy -six one hundredths leet (105.76');
7. North lorty-Iour degrees twenty-three minutes filly seconds East (N 440 23'
50" E), a distance 01 thlrty.elght and ninety-eight one hundredths leet
(38.98'); and 8. North lourteen degrees seventeen minutes three seconds East
(N 140 17' 03" E), a distance 01 thirty-lour and thirteen one hundredths feet
(34.13') to a point; thence by lands now or formerly 01 South Central Service
Corporation, et . al.. the following two (2) courses and distances: 1. South
seventy-live degrees lorty-two minutes lilly-seven seconds East (5 750 42'
57" E), a distance of ninety-nine and lorty one hundredths leet (99.40'); 2.
10
North fourteen degrees twenty-seven minutes fifty-five seconds Eest (N 140 27'
55' E), e dlstancs of seventy feet (70') to a point; thence by lands now or
formerly of The Highlands of Hampden Square Partnership, the following ten
(10) courses and distances: 1. South seventy-five degrees thirty-two minutes
five seconds East (576032' 06' E), a distance of two hundred seventy-two and
three one hundredths feet (272,03'); 2. South twenty-eight degrees thlrty-
six minutes thirty-nine seconds West (5 280 36' 39' WI, a distance 01 two
hundred IIfty-elght and forty-six one hundredths fest (268.46'): 3. South
fourteen degrees zero minutes zero seconds East (5 140 00' 00' E), a distance of
seven hundred sixty-five feet (766'); 4. North seventy-six degrees zero
minutes zero aeconds East (N 76. 00' 00' E), a distance of one hundred forty-
feet (140'); 6. South fourteen degrees zero minutes zero seconds East (5 14.
00' 00' E), a distance of two hundred sixty feet (260'); 6. South seventy-six
degrees zero minutes zero seconds West (5 76. 00' 00' WI, a distance of one
hundrsd forty feet (140'); 7. South fourteen degrees zero minutes zero
seconds East (5 14. 00' 00" E), a distance of two hundred fifty-five feet
(266'); 8. South forty-six degrees zero minutes zero seconds East (5 14. 00'
00' E), a distance of one hundred seventy-five feet (176'); 9. North eighty-
six degrees twenty-five minutes flfty..nlne seconds East (N 860 26' 69' E), a
distance of one hundred sixty-four and forty-five one hundredths feet
(184.46'); 10. North slxty.elght degrees thirty-eight minutes fifty seconds
East (N 68. 38' 60" E), a distance of one hundred feet (100') to a point: thence
by lands now or formerly of Kormushoff, South fourteen degrees thirteen
minutes forty seconds East (514. 13' 40" E), a distance of one hundred five feet
(106') to a point on the northerly sideline of Golfvlew Drive, the point and place
of BEGINNING.
CONTAINING 17.5020 Acres, more or less. (smphasls added to area of
boundary slong lands of Messrs, Tippett and Slack; also note the second call
therein Is erroneously described as N 59. 35' 02" W, whereas the plan as
recorded lists this call as N 69. 35' 02" W). (Also, several minor variations In
written number versus numeral are In originaL)
35. The said Pamay Development Co., Inc. granted and conveyed the same tract Immediately
described above to Highlands of Hampden Square Partnership, a Pennsylvania Partnership by
deed dsted August 7, 1989 and recorded August 9. 1989, In the Recorder's Office aforesaid In
Deed Book "C," volume 34, page 373.
36. In the meantime, for the purposes and benefit of the said Hampden Square Partnership,
In or about March of 1989, Act One Consultants, Consulting Engineers apparently proceeded to
surveyor approved a survey further subdividing the said "Out Parcel" abovs.descrlbed, Into
numerous smaller lots which, so far as they bounded the aforesaid properties of Messrs. Tippett
11
and Slack, Ignon~d the long established and clear boundary line of the center line of the run.
37. The said subdivision plan Includes a statement and certification: "II Is hereby certified
that the undersigned has legal or equitable title to the land shown hereon." There Is a further
statement that the equitable owner Is Highlands of Hampden Square Partnership. The statement
Is then signed by the managing partner of Hampden Square.
38. Based at least partly upon said representation, the said subdivision plan was
recommended for approval by the Hsmpden Township Planning Commission on May 11, 1989,
was reviewed by the Cumberland County Planning Commission on May 1 a, 1989, was approved
by the Hampden Township Commissioners on June 6, 1989, was approved by the Hampden
Township Engineer on September 1, 1989 snd was recorded In the Recorder's Office aforesaid
on September 1, 1989 In Plan Book 59, page 3 under the title: "Preliminary/Final
Subdivision Plan 01 Highlands 01 Hampden Square, Phase III".
39. Pursuant 10 said erroneous survey snd plan, the said Highlands of Hampden Square
proceeded to grant and convey assorted properties along the boundory with Messrs. Tippett and
Slack to various Individuals and entities.
40. Among the said grants and conveyances was one from the said Highlands 01 Hampden
Square to Eddie Glen Chamberlin, Robert Lee Chamberlin and Rodney N. Chamberlin, Co-
Partners, trading as Chamberlin and Sons, a partnership, by deed dated November 30, 1989
and recorded In the Recorder's Office aloresald In Deed Book "H," volume 34, page 444.
41 . The description In said deed Is as follows:
BEGINNING at a point on the southerly rlght.ol.way line of the cul-de-sac line of
South Waterford Way at the dividing line 01 Lot 606 ar,d Lot 592 on the aforesaid
plan, said point being located on a course 01 South thirty-three degrees twenty-eight
minutes forty-three seconds East (S 330 28' 43" E) a distance of sixty and zero
hundredths (60,00') feet Irom the radius point 01 the aforesaid cul-de-sac of South
Waterford Way, said radius point being located on a course of South lourteen degrees
zero minutes zero seconds East (S 140 00' 00" E) a distance of four hundred sixteen
and twenty-six hundredths (416.26') leetlrom the center line of Bentley Road, a
fifty (50') loot wide right 01 way: thence on a course of South thirty-three degrees
twenty-eight minutes forty-three seconds East (S 330 28' 43" E) a distance 01 one
hundred thlrty.seven and thlrty.lour hundredths (137.34') feet to a point along
the boundary line of Lot 591 of the aforesaid plan; thence along the boundary line of
Lot 591 on a course 01 South flfty-onedegrees forty-one minutes fifty-seven seconds
West (S 51041' 57" W) a distance 01 twenty and eighty-five hundredths (20.85')
leetto a point; thence continuing along the boundary line 01 Lot 591 on a course 01
12
Soulh Iwenly degrees IltIy-elghl mlnules lorty seconds East (S 200 58' 40' E) a
dlslance 01 one hundred IIlty and zero hundredths (150.00') leello a polnl on Ihe
norlherly rlghl-ol.way line 01 Gollvlsw Drive a slxly (60') 1001 rlghl-ol-way;
Ihence along the rlghl.ol-way line 01 Gollvlew Drive along the arc 01 a curve 10 rlghl
having a radius ollhree hundred seventy (370') lesl and an arc distance 01 twelve
and lorty-Iour hundredlhs (12.44') leel 10 a point; Ihence conllnulng along Ihe same
rlghl-ol-way line on a course 01 Soulh sixty-seven degrees fitly minutes twenty
seconds Wesl (S 670 50' 20" W) a dlslance 01 ninety and filly-nine hundredlhs
(90.59') feet to a point; thencR alana land now or formarly of Ronald E. And J4dith A.
Tippett on A mUlAR or North shtty dAor99S fortv~on9 minutes fortY-Birth' BAMndA
Wast iN 800 41' 48" W\ 9 dlstanca of onA hundrAd .walve and shd99n hundrAdths
(112.18'\ 'eAt to a polnt~ thence on a courSA of No{th R1xty.nlne deorAAR thr1ty..
fiVA mlnutAR two ggconds WAst iN 690 ~51 02" W\ a distance of elQhty-nlnA and
Bi~tv..fivA hundr8dths 189.65'\ 'a At to a DOlnt: thence on a course of North twanty..
four daorBAB fifty-two minut91!l fifty-one seconds WAst iN 240 52' 51" W\ a
dlAtancA of one hundrAd thlrtv.eloht and thrAA hundrAdths (138.0~'\ '99' to A DOln':
thence along the boundary line 01 Lol 593 and lot 592 01 the aforesaid plan on a
course 01 North lilly-two degrees twenly-seven mlnules Ilfty-lIve seconds Easl (N
520 27' 55" E) a distance 01 one hundred sevenly-elghl and lorty-one hundredths
(178.41') leel to a polnl on the Soulherly rlght.ol-way line on Ihe cui-de-sac 01
Soulh Walerford Way; thence along the said rlghl-of-way line on a curve to Ihe left
having a radius 01 slxly (60') leel and an arc dlslance 01 nlnely (90') leel to a polnl,
the polnl and place 01 BEGINNING. (emphasis added to area 01 boundary line along
lands 01 plalnllff)
42. The said Eddie Glen Chambsrlln, e\ ai, granted and conveyed the aloresald
described property to John H. Surry and Mary K. Surry, his wife, the Delendants herein,
by deed daled July 11, 1990 and recorded July 17. 1990 In Ihe Racorder's Office
aloresald In Deed Book "R," volums 34, page 301.
43. Said description along Plaintiff's boundary and Delendant's alleged boundary has
resulted In an adverse claim on record to Plaintiff's property In Ihat the Delendant's claimed
boundary line clearly crosses Ihe long eslabllshed and clear real boundary line between
Plaintiff and Delendant as Is shown on Exhlbll F.
44. As a result of the above staled errors and lalse claims 10 an Improper and unlawlul
boundary, there Is a cloud upon Plaintiff's IllIe.
45. The said cloud renders the said Plalnllff's said property less than marketable In Ihalll
exposes Ihe Plaintiff, or any assignee, granlee, devisee, or Ihe like ollhe Plalnllff 10 Ihe
hazards 01 IIllgatlon.o
13
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