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HomeMy WebLinkAbout94-04843 " , , 'Ii" . I~ 'I . ~j I, ,I ,j, ,li,Hl.! i': :ji ,i~ ,,'t "I~ . . " ",1/1 ',f,f. I'/il " \!l r It ,- ,e... ~ , , " , " " ;# I, " ;/ 'I ~ ~ \f) 'I " , , " " " .. CHARLES E. SLACK, Plaintiff vs. IN THE COURT OF eot.t.1ON PLEAS OF CU~ERLANDCOUNTY, PENNSYLVANIA NO._______ ACTION TO QUIET TITLE CRAIG A. SHRIFT and KATHARINE A. GALLAGHER-SHRIFT, his wife, Defendants COMPLAINT AND NOW, comes the Plaintiff, CHARLES E. SLACK, by and through his allomey, Charles E. Shields, III, Esquire, of 2 West Main 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 persona known or unknown who are claiming or may claim by, under, or through the Defendants named herein, any right, IIl1e, estate, lien or Interest in the real estate property described herein adver$e to the Plalnllff's IIl1e and for cause of action alleges the following; 1 . The Plalnllff Is Charles E. Slack, an adult Individual who resides at the subject premises, which has an address of 3810 Goltvlew Drive, Mechanlcsburg, Hampden Township, Cumberland County. Pennsylvania, 17055 and which Is also designated as tax parcel # 10-16- 1056.010. 1 a. The Defendants are Craig A. Shrill and Katharine A. Gallagher-Shrill, his wife, who are adult Individuals who reside at premises having an address of 1011 S. Waterford Way, Mechanlcsburg, Hampdon Township, Cumberland County, Pennsylvania, 17055. I. RE: PLAINTIFF AND HIS PREMISES 2. Plaintiff acts for himself and his heirs. devisees, executors, administrators, and assigns In this mailer. 3. The said Plaintiff has been continuously In possession of and resident on the said premises for a period In excess of twenty-one (21) years. 4 . The said Plaintiff has paid property taxes on the said premises for a period In excess of twenty-one (21) years. 1 Ii. The subject premises consists of a tract of two (2) Acres, mora or less, described as follows: ALL THAT CERTAIN piece or parcel of land situate In the Township of Hsmpden, County of Cumberland and Stale of Pennsylvania, bounded end described as follows, to wll: BEGINNIN3 at a point In the public road at corner 01 lands now or formerly of Ezra Wertz: thence by lands of the said Ezra Wertz along B fence line. North 01 degree 45 minutes East, six hundred ninety-seventy-nine (679) feet to B point; thence Soulh 88 degrees 15 minutes East, seventy-three (73) feet, more or less, to a hickory tree on the bank of the run; thence down I$ald run by the center of lis channel as II flows, five hundred forty-one (541) feet, more or less, to lands now or formerly of George A. Brooks; thence by lands now or formerly of the said George A. Brooks, South 31 degrees West, fifty (50) feet to a pin; thence by the same, South 08 degrees 30 minutes East, one hundred seventeen (117) feet to a point In the center line of the aforesaid public road; thence along said public road, South 87 degrees 45 minutes West, two hundred one (201) feet, more or less, to a polr.t In the center of the same, the place of BEGINNING. CONTAINING two (2) acres, more or less. HAVING thereon erected a single family dwelling known and numbered as 3810 Goltvlew Drive, Mechanlcsburg, Pennsylvania. II. RE: PLAINTIFF'S CHAIN AND DERIVATION OF TITLE. 8. The Commonwealth of Pennsylvania delivered a warrant, numbered 575, for 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 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 of the Borough of Lancaster, County of Lancaster, Esquire. 7. Said warrant and the survey made thereon were completed on July 25, 1808 and were retumed on August 18, 1808 and accepted on August 24, 1808, and showed, pursuant to the surveyor's drall, a tract of 223 Acres, 76 perches plus allowance of six (6%) per cent for roads, etc., recorded In Survey Book "C," volume 9, page 125. (see copy of said drall made by William Wheeler, Deputy Surveyor, allached hereto as Exhibit A). 8. Subsequenlly, the said warrantees, on August 19, 1808, obtained a Patent from the Commonwealth of Pennsylvania to these said lands, Galled "Florence", which was accepted and 2 " recorded In Patent Book "P," volume 63, page 297 on August 24, 1808, whereby the said warrantees obtained ownership In fee In their various capacities. 9. The said Patentees, granted the said tract known as "Fiorence" to Jacob Miller of the County of Cumberland, yeoman, by deed dated September 19, 1808 and recorded October 31, 1809 In the Recorder's Office In and for Cumberland County in Deed Book "T," volume 1, page 254. 1 O. Abraham Miller and Abraham Bretz, Executors of 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 southem 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 "85," volume 1, page 361. (see Exhlbll B.) 11 . James T. Durfee, Esquire, Clerk of the Orphans' Court for the County of Cumberland, In the Commonwealth of Pennsylvania, pursuant to an order of the said Orphans' Court, granted and conveyed the aforesaid southem part of said "Florence" to Samuel L. Eslinger, by deed dated November 6, 1899 and recorded Novamber 22, 1899 In Ihe Recorder's Office aforesaid In Deed Book "Z," volume 5, page 429. (Hampden Township having been formed out of East Pennsborough [now spelled PennsboroJ 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 Recorder's Office aforesaid In Deed Book "D," volume 7, page 137. 13. The said Henry E. Barley and Helen M. Barley, his wife. granted 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 aforesaid In Deed Book "8," volume 9, page 301. 14. The said Salvatore Acrl and Felomina Acrl, his wife, granted and conveyed a part of the said tract consisting of approximately two and on'3-half (2 1/2) Acres, and bounded on the east by the center line of a run, to Samuel R. Brooks and Mary C. Brooks, his wife, by deed dated May 6, 1939 and recorded Juiy 27, 1940 In the Recorder's Office aforesaid In Deed Book "E," volume 12, page 281. 3 1 5. The description In said deed Is as follows: BEGINNING at a point In the public road and at corner of lands herein conveyed and land of Ezra Wertz; thence along land of Ezra Wertz following a fence line. North 1 degree and 45 minutes East 679 feet to a point; thence by other lands 01 the grantors South 88 degrees and 15 minutes East 73 feet. more or less, m...L.l:Uckor:y Tree on the bank of the run: thence down said run by the center of Its chennel es It flo\l-(s 856 feet, more or less, to the center of the public road; thence along the public road and other lands of the grantors and Harvey Meek South 87 degrees and 45 minutes West 483 feet, more or less. to the point In the center of said public road at the line of Ezra Wertz, the place of Beginning. (Emphasis added). (see Exhibit C which shows the boundaries of Barley's Deed to Acrl, Exhibit D which uses It as a basis and overlays Acrl's deed to Brooks with deslgnallons of further subdivisions for the Plaintiff Mr. Slack. and his neighbor, Mr. Tippett. Also, see Exhibit E which shows the pertinent parts of a survey by Mr. Rechel which was attached to Deed 19 a 335 as an Exhibit). 16. The said Mary C. Brooks departed this earthiy life on April 5, 1963 whereupon full IIlIe vested In her surviving husbllnd, the said Samuel R. Brooks. He departed this earthly life on August 21, 1963. Ruth I. Brewbaker, Executrix of his last will and testament, granted and conveyed a part of the said tract being the subject premises herein, to the Plaintiff herein, Charles E. Slack and Flora F. Slack, his wife, by deed dated November 6, 1963 and recorded November 7, 1963 In the Recorder's Office aforesaid In Deed Book "A," volume 21, page 538. 17. The description In said deed Is a follows: BEGINNING at a point In the public road at comer of lands now or formerly of Ezra Wertz; thence by lands of the said Ezra Wertz along a fence line, North 1 degree 45 minutes East, six hundred seventy.ninll (679) feet to a point; thence South 88 degrees 15 minutes East, seventy-three (73) feet, more or less, to e hlckor:y tree on the bank of the run: thence down said run l'ly the center of Its channel as It flows, five hundred forty-one (541) feet, more or less, to lands of George A. Brooks, South 31 degrees West, fifty (50) feet to a pin; thence by the same, South 8 degrees 30 minutes East, one hundred seventeen (117) feet to a point In the center line 01 the aforesaid public road: thence along said public road, South 87 degrees 45 minutes West, two hundred one (201) feet, more or lass, to a point In the center of the same, the place of BEGINNING. (emphasis added). 18. The said Flora F. Slack departed this earthly life on January 4, 1967 where upon full tltie vested In her husband, the said Charles E. Slack, who subsequently Intermarried with Elma 5. Slack. The said Charles E. Slack and the said Elma S. Slack, granted and conveyed the said premises to themselves, as husband and wife, by deed dated August 1, 1977 and recorded August 4 2, 1977 In the Recorder's Office aforesaid In Deed Book "I," volume 27, page 317. 19. The said Elma S, 51ack has since departed this earthly life whereupon full IItle to the subject premises vested In the Plaintiff herein. III. RE: DEFENDANTS' CHAIN AND DERIVATION OF TITLE. 20. Defendants' chain of IItle Is derived from the same primary sources as Is Plaintiffs as Is more fully oulllned and explained In Paragraphs 6 through 13 above. 21 . After Salvatore Acrl and Felomlna Acrl, his wife, had already granted and conveyed the tract referred to In Paragraphs 14 and 15 above to Samuel R. Brooks and Mary C. Brooks, his wife, the said Acrls granted and conveyed a large tract composed of what were once four separate farms, Including the balance of the Barley tract to Ovldlo Acrl and Ellglo Acrl, by deed dated and recorded May 27, 1940 In the Recorder's Office aforesaid In Deed Book "D," volume 12, page 375. 22. The description In said deed Is as follows: BEGiNNING at a point near a white oak tree along the public road and opposite the land of 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 comer of the land of Samuel R. and Ruth A. Moore land North 39 degrees East 263 feet to the slle of hickory stump near a sour cherry Iree and at comer of the land of Ralph Early; thence along the land of Ralph EastlY North 88 degrees East 73 perches (1204.5 II.) to a stone; thence by same South 39 degrees 15 minutes East 18.5 perches (305.25 ft.) to a stump; North 61 degrees East 53 perches (874.5 II.) to a point In the Holtz Run and other lands of S. Acrl, grantor; thence down Holtz Run South 34 degrees 45 minutes east 12.6 perches (207.9 II.); thence by same South 61 degrees 15 minutes East 8 perches (132 ft.); thence by same South 45 degrees 45 minutes East 15.3 perches (252.45 ft.) to a point In the run; thence still by the land of S. Acrl South 52 degrees 45 minutes West 14 perches (231 II.) to a chestnut oak; thence by same South 72 degrees 15 minutes West 6 perches (99 ft.) to a stone; thence stili by Acrl South 12 degrees 45 minutes East 19.5 perches (321.75 II.) to a point where the Cornman farm joins the Holtz farm; thence by the same bearing 32.5 perches (536.25 ft.) 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, at the corner of the land of C. Mafaro; thence by Magaro land South 32 degrees 45 minutes East 34.3 perches (565.95 ft.) to the corner of the Magaro land at or near a cherry tree; thence by same North 83 degrees East 8.5 perches (140.25 ft.) more or less, to a point In Ihe Hollz run; thence Southeasterly In the center of the run 375 feet to a point In the run at the land of Edward B. McClune and near a pine tree; thence along the line of McClune South 54 1/2 degrees West 120 5 feel, more or less. to a dogwood tree; Ihence stili by McClune following a fence line South 21 degrees 30 minutes East 212 feet to a bend In the fence line; thence by same South 0 degrees 30 minutes East along the fence 573 feet to a bend In the fence: thence South 7 degrees East 200 feel, morfl or less, to a post at corner of the fence Line; IhenGe stili by McClune North 87 1/2 degrees East 520 feet. mor'J or less, to the Conodoguinet Creek; thence Southerly up along the creek 2130 feet, more or less, to Ihe line of land of Herman Grennlnger; thence along the Grennlnger land South 87 degrees West 127 perches (2095.5 II.) to a point at the line of the land of Harvey Meek; thence along the Meek land North 48 degrees West 285 feel, more or less, 10 a polnlln the run and attend of Samuel L. and MaQ/ C. Brooks: Ih9nC9 UD the run and bv the land of Brooks NorthwlIAtArlv 880 feel. more or less. to II hickolCY tree; thence by same North 88 3/4 degrees West 70 feet to the line of I. C. Wertz; thence along the land of Wertz North 1 1/4 degrees East 1035 feet, more or less to a point; thence by same North 12 degrees East 958.65 feet to a point at the line of the Holtz farm, thence stili by Wertz South 80 degrees 30 minutes West 5.24 perches (86.46 II.) to a point at the corner formerly of the Com man farm; thence stili by Wertz North 77 degrees West 62.2 perches (1026.3 II.) to a point; thence by same North 75 degrees West 30.2 perches (498.3 II.) to a post; thence by 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 of the land of George Feister; thence by Feister land North 4 degrees 30 minutes East 31.1 perches (513.15 ft.) to a point; thence by same North 16 degrees 15 minutes East 42.6 perches (702.9 fl.) to a corner at public road; thence along the same North 85 degrees West 37.5 perches (618.75 ft.) to the comer of public roads; thence along public road and the land of G. C. Roth North 14 degrees 15 minutes East 965 feet to a point at or near the white oak tree, the place of BEGINNING. CONTAINING three hundred and thirty-live (335) acres, more or less. (emphasis added) (Inconsistencies in spelling and the like are In original.) 23. The successors In tllle to the said Acrls, to wit: CCNB Bank, N.A., of Camp Hili, Cumberland County, Pennsylvania, Trustee of the Elizabeth Mary Acrl Trust, and Elizabeth Mary Acrl, widow, of East Pennsboro Township, Cumberland County, Pennsylvania, and CCNB Bank, N.A. and Michael F. Acrl, Co-executors of the Estate of Ellglo E. Acrl, granted and conveyed a tract of approximately 145 Acres, Including the area bounded on the herein mentioned run, subjeclto some reservations and exceptions, to South Central Service Corporation, a Pennsyivanla Corporallon, Chester J. Acker and Helen M. Acker, his wife. and Hampden Square Development Company, a Pennsylvania Limited Partnership, by Its General Partner, Detweiler Enterprises, Inc., by deed dated June 25, 1982 and recorded June 29, 1982 In the Recorder's 6 Office aforesaid in Deed Book "U," volume 29, page 983. 2 4 . The description In said deed Is as follows: BEGINNING at a spike In the center of a public road; thence along lands now or formerly of S. Acrl, North 81 degrees 45 minutes East. 253.85 feet to a black oak; thence along lands now or formerly of C. Magaro, South 32 degrees 45 minutes East, 565.95 feet 10 a point near a cherry tree; thence along lands now or formerly 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 feet to a point near a pine tree; thence along lands now or formerly of Edward B. McClune, South 54-1/2 degreos West, 120 feet to a dogwood tree; thence by lands now or formerly of Edward B. McClune, South 21 degrees 30 minutes East, 212 feet to a bend In the fence line; thence by lands nor or formerly of Edward B. McClune, South 00 degrees 30 mlnutos East, 573 feet to a bend in the fence; thence along lands now or formerly 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 formeriy 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 10 a point; thence along lands nor or formerly of Harvey Meek, North 48 degrees West, 285 feet to a point In a Run: thence northwardly Ilona said Run. 860 feel to a hlckoQltrees; tMence 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; Ihence along lands now or formerly of I. C. Wertz, North 12 degrees East, 958.65 feet to a point; thence along lands nor or formeriy of I. C. Wertz, South 80 degrees 30 minutes West, 85.46 feet 10 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 lands 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 perches, more or less. (emphasis added) 25. Subsequent to the signing, sealing, delivery and acceptance of the aforesaid deed from CCNB Bank, N.A., et ai, to South Central Service Corporation, et ai, In or about April of 1989, Gannett Fleming Civil Engineers apparently proceeded to surveyor approved a survey of the 7 , . aforesaid described property clearly bounded by the center line of the run separating the said property from that of Messrs. Slack and Tippett. 26. In connection with said survey, a subdivisioll plan was prepared for the owners: South Central Service Corporation; Chester J. Acker and Helen M. Acker, his wife; and Hampden Square Oevelopment Company and for the Developer: pamay Development Company, Inc. 27. The said subdivision plan Includes an owner's statement which states: "It Is hereby certified that the undersigned has legal or equitable tllle to the land shown." The statement Is then signed by the said owners or their authorized represenlatlves. 28. Based at least partly upon said representallon, the said subdivision plan was recommended for approval by the Hampden Township Planning Commission on May 11, 1989, was reviewed by the Cumberland County Planning Commission on May 18, 1989, was examined by the Hampden Township Board of Commissioners on June 6, 1989, was approved by tho Hampden Township Engineer on June 22, 1989 and was recorded In the Recorder's Office aforesaid on June 23, 1989 In Plan Book 58, page 79 under the title: "Phase VIII, Final Subdivision Plan of Klngswood." 29. Said Final Subdivision Plan totally and flagrantly ignored the clearly established boundary of long standing between the tract surveyed and designated on said Subdivision Plan as "Out Parcel" and that of Messrs. Tlppell and Slack. 30. Pursuant to said Final Subdivision Plan, South Central Service Corporation, Hampden Square Limited Partnership, Chester J. Acker and Helen M. Acker, his wife, granted and conveyed the said "Out Parcel" of approximately 17.502 Acres to pamay Development Co., Inc., a Pennsylvania business Corporation with Its principal offices in Hampden Township, Cumberland County by deed dated August 7, 1989 and recorded August 8, 1989 In the Recorder's Office aforesaid In Deed Book "C," volume 34, page 318. 31 . The description In said deed Is as follows: BEGINNING at a point on the northerly sideline of Golfvlew Drive, a fifty foot (50') public right-of-way at the northeastern corner of an area shown as "out parcel" on the aforesaid plan; thence by Golfvlew Drive the following five courses and distances: 1. South seventy-five degrees forty-six minutes twenty seconds West (S 750 46' 20" W), a distance of eighty-one and five one hundredths feet (81.05'); 2. By the arc of a curve to the lell having a radius of four hundred feet (400'), an arc length of one hundred eight-two and sixty- seven one hundredths feet (182.67'); 3. South forty-nine degrees thirty-six 8 minutes twenty seconds West (5 49. 36' 20" W), a distance of eighty-six and six one hundredths feel (86.06'); 4. By the arc of a curve to the right having Ii radius of three hundred seventy feet (370'), an arch length of one hundred sevenleen and seventy-five one hundredths teet (117.76'); and 6. South sixty-seven degrees filly minutes twenty seconds West (S 67. 50' 20" W), a distance of ninety and fifty-nine one hundredths feet (90.59'); thence Ql' lands now or formerly of C. E. Slack. the followlna flv8 ~5) courses and dlstanc9s: 1. North shdy dAor99& forty-anA minut9& forty.elqht seconds West IN 600 41' 48" W\. a distAnce of on9 hundred twalve and six'A9n one hund{8dths '991 l112.16'\: 2. North fifty-nine dAtURa! thlrty-fivo minutes two seconds West (N 590 351 02" WL a distAnce of elahty-nlne and slxty.llve ono hundrBdth~ '09t laQ 651\~ ~. North twanty.tour deorees fifty.two minutes flfty-ons seconds West iN 240 52' 51" W\. a distance of two hundred olah.een and sevenlAen ono hundredths fAAt 1218.17'\: 4. North 19n dearees twenty-sevon minutes flfty.two sAconds West iN 10Q 27' 52" WL a distancA of three hundred nlnety-nlnA and nlnety- one hundredths feet i399.91'}: 6. North el9hty-six detlrees thirty-one mlnut9s f"tv-onA seconds West iN 860 31' 61" WL a dlstancEI of seventy..thr99 feet 173'\ to e point; thence by lands now or formerly of Pamay Development Co., Inc. the following eight courses and distances; 1. North eight degrees thirty- two minutes twenty seconds West (N 08. 32' 20" W), a distance 01 ninety-five and sixty-three one hundredths feet (96.63'); 2. North seven degrees seven minutes fifteen seconds West (N or 07' 16" W), a distance of four hundred ninety-eight and thirty-four one hundredths feet (498.34'); 3. North forty- seven degrees zero minutes zero seconds West (N 47. 00' 00" W), a distance of nine and thirty-two one hundredths feet (9.32'); 4. North fourteen degrees nineteen minutes twenty-one seconds East (N 14. 19' 21" E), a dlstanco of two hundred seventy-seven and eight-three one hundredths feet (277.83'); 5. North eleven degrees ten minutes tlllrty-nlne seconds West (N 11. 10' 39" W). a distance of two hundred twenty-four feet (224'); 6. North twenty-three degrees twenty-five minutes thirty-nine seconds West (N 230 25' 39" W), a distance of one hundred five and seventy -six one hundredths feet (106.76'); 7. North forty-four degrees twenty-three minutes fifty seconds East (N 44. 23' 60" E), a distance of thirty-eight and ninety-eight one hundredths feet (38.98'); and 8. North fourteen degrees seventeen minutes three seconds East (N 140 17' 03" E), a distance of thirty-four and thirteen one hundredths feet (34.13') to a point; thence by lands now or formerly of South Central Service Corporation, et . ai., the following two (2) courses and distances: 1. South seventy-five degrees forty-two minutes fifty-seven seconds East (S 750 42' 67" E), a distance of ninety-nine and forty one hundredths feet (99.40'); 2. North fourteen degrees twenty-seven minutes filly-five seconds East (N 140 27' 55" E), a distance 01 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.llve degrees thirty-two minutes five seconds East (S 750 32' 05" E), a distance of two hundred seventy-two and 9 three one hundredths feet (272.03'); 2. South twenty-eight degrees thirty. six minutes thirty-nine seconds West (5 28' 36' 39" W), a distance of two hundred fifty-eight and forty-six one hundredths feet (258.46'); 3. South fourteen degrees zero minutes zero seconds East (S 14' 00' 00" E), a distance of seven hundred sixty-five teet (765'); 4. North seventy-six degrees zero minutes zero seconds East (N 76' 00' 00" E), a distance of one hundred forty- feet (140'); 5. South fourteen degrees zero minutes zl1ro seconds East (5 14' 00' 00" E), a distance of two hundred sixty feet (260'); 6. South seventy-six degrees zero minutes zero seconds Wast (S 76' 00' 00" W), a distance of one hundred 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 (255'); 8. South forty-six degrees zero minutes zero seconds East (S 14' 00' 00" E), a distance of one hundred seventy-five feet (175'); 9. North eighty- six degrees twenty-five minutes fifty-nine seconds East (N 86' 25' 59" E), a distance of one hundred sixty-four and forty-five one hundredths feet (164.45'); 10. North sixty-eight degrees thirty-eight minutes fitly seconds East (N 68' 38' 50" 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 (5 14' 13' 40" E), a distance of one hundred five feet (105') to a point on the northerly sideline of Golfvlew Drive, the point and pltlce of BEGINNING. CONTAINING 17.5020 Acres, more or less. (emphasis added to area of boundary along lands of Messrs. Tippett and Slack; also note the second call therein Is erroneousiy described as N 59' 35' 02" W, whereas the plan as recorded lists this call as N 69' 35' 02" W). (Also, severai minor variations In wrllten number versus numeral are In or11llnal.) 32. 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 dated August 7, 1989 and recorded August 9, 1989, In the Recorder's Office aforesaid In Deed Book "C," volume 34. page 373. 33. In the meantime, for the purposes and benefit of the said Hampden Square Partnership, In or about March of 1989, Act One Consultants. Consulllng Engineers apparently proceeded to surveyor approved a survey further subdividing the said "Out Parcel" above-described, Into numerous smaller lots which, so far as they bounded the aforesaid properties of Messrs. Tippett and Slack, Ignored the long established and clear boundary line of the center line of the run. 34. The said subdivision plan Includes a statement and certlflcallon: "It Is hereby certified thattha undersigned has legal or equitable tllle to the land shown hereon." There Is a further 1 0 statement thet the equitable owner Is Highlands of Hampden Square Partnership. The statement Is then signed by the managing partner of Hampden Square. 35. Based atleasl parlly upon said representation, the said subdivision plan was recommended for approval by the Hampden Township Planning Commission on May 11,1989, was reviewed by the Cumberland County Planning Commission on May 18, 1989, was approved by the Hampden Township Commissioners on June 6, 1989, was approved by the Hampden Township Engineer on Septernber 1, 1989 and was recorded In the Recorder's Office aforesaid on Seplember 1, 1989 In Plan Book 59, page 3 under the IItlo: "Preliminary/Final Subdivision Plan of Highlands of Hampden Square, Phase III", 36. Pursuant to said erroneous survey and plan, the said Highlands of Hampden Square proceeded to grant and convey assorted properties along the boundary with Messrs. Tlppell and Slack to various Individuals and entities. 37. Among the said grants and oonveyances was one from the said Highlands of Hampden Square to the Defendants herein, Craig A, Shrill and Katherine A, Gallagher-Shrift, his wife, by deed dated November 29, 1989 and recorded December 6, 1989 In the Recorder's Office aforesaid In Deed Book "H," volume 34, page 831. 38. The descrlpllon In said deed Is as follows: BEGINNING at a point on the westerly right-of-way line of South Waterford Way, a fifty (50.00') foot right-of-way, at the beginning point of the curve of a cul-de-sac at the dividing line of Lot 594 and Lot 593 of the plan of lots of The Highlands of Hampden, Phase III, said point being located on a oourse of South fourteen degrees zero minutes zero seconds East (5 14000' 00" E) a distance of three hundred fifty-six and twenty-six hundredths (358.26') feet from the center IIno of Benlley Road, a fifty (50.00') foot wide right-of-way; thence along said right-of-way line of South Waterford Way along the arc of a curve 10 the right having a radius of twenty-five (25.00') feet and an arc distance of twenty. three and fifty-five hundredths (23.55') feet to a point; thence continuing along said right-of-way line along the arc of a curve to the lell, having a radius of sixty (60.00') feet and an arc distance of eighty-one and sixteen hundredths (81.16') feet to a point; thence along Lot 592 of the aforesaid plan on a course of South fifty-two degrees twenty-seven minutes fifty-five seconds West five hundred filly-two degrees twenty-seven minutes filly-five seconds West (5 520 27' 55" W) a distance of one hundred seventy. eight and forty-one hundredths (178.41') feet to a point; thence alono land now or formerlv of Ronald E. and Judith A. 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"t. l' , '. ,C .. SHEHIPP'S RETURN ~L'IH OF PF.NNSYLVANIAI COUNI'Y OF' CLMBERLAND [n the Court of Common Pleas of Cumberland county. Pennsylvania No. 94-4843 Civil Term Notice Civil Action Law, Action to Quiet Title CharleB E. Slack VS Craig A. Shrift and KatlliJrl.ne A. Gallagher Shrift. his wife W~R.l(:lY Cook _' Smtllfllftjt,ti Deputy Sheriff of CUnberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within NoticE' Civil Action Law, Complaint Action to Quiet Title upon rrnig ^_ & Kathacine A. Shrift, the defendant, at F; .00 o'clock P.M. ll:S'Rl\I EDST. on the 3 I sL- day of AUgUB t , 1994at 1011 South Waterford Way, Mechanicsburg , CUmberland County, Pennsylvania, by handing to Katharine Shr i f t, for herse If and on hebal f of hpr h,,,,hflnd CraiQ A. Shrift Notice Civil Action Law, Complaint Actlon to a true and attested copy of the .Quiet Title and at the sarre time directing hp.r attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge 14.00 7.84 So answers. .,.-/' , /,,~' -_..,. It".". I' ',- . . -. ~,. .... .,- ~~r' N~~"...r:.........~. ..f~ .....{,((, .,......-;.f i I R. Thomas Kllne. Sheriff by ill / . I ';{1.F , ~f../e.I/)(~:t:~.' ,....~-L-- ,- Deputy,..8f{eriff 2.00 23.84 Pd. by Atty. 9-1-94 Sworn and subscribed to before rre this (, '!: day of Ai;ju'd'0.:.!:. , I 19---.':2- A.D. -.J",. (,.. li,,,,,.~ i I".., ' ( , I y--r--- Prothonotary \1.' fJ,gn'I" ,. Alto-omCE OF rl-'I~ F.''(~' 'n.'()Ttny '1/ \1 9HI~Y 15 MiIIl Fil II " .' " I. ClJM(;u ,/ ,,'iD ( ,JJNfY , PEN,\/GYlv/ NII\ . '! I' n ,1';/'/ . " ';1 I . , , I I " 1 I I (I , , , " ., " , I , , I' " " " , , : I'i , , " , I \ " ., .' 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