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HomeMy WebLinkAbout94-04845 ,I, 'I , , , , I , I 'I I I " I ,I " " " ',1 .' 'I oIJ 7 .-:J. ,~ rlJ , , , I '" , , , , '" I' I, , , , , " j r', J , " .1')' " ::t I 0"",/ I I 0' <:: " " CHARLES E. SLACK. Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. . , : CIVIL ACl10N - LAW JEROME J. HUDAK I1I1d ANN M, HUDAK, his wife, Defendl1l1lS : qif- 4' 8'Lf 'J : NO. _ CIVIL TERM 1991 NOTICE You have been sued In COW1. If you wish to defend against the claims set fonh In the following pages, you must take action within twenl}' (20) days after this complaintl1l1d notice are served, by entering a written appe:.ll'l1I1ce personally or by 1111 allomey I1I1d filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that If you faUto do so, the case may proceed without funher notice for I1I1Y money claimed In the complaint or for I1I1Y other claim or relief requested by the plaintiff. You may lose money or property or other rights imponl1l1tto you. YOU SHOULD TAKE TIiIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator - Third Roor Cumberll1l1d County Court House Carlisle, PA 17013 Tele: (717) 240-6200 (!4M;:~:I!i Charles E. Shields, III AllOmey for Plaintiff Mellon Bank Building 2 West Main Street Mechl1l1icsburg, PA 17055 (717) 766-0209 CHARlES E. SLACK, Plalnllff IN THE COURT OF CCWMON PlEAS OF CUMBERLAND COUNTY, PENNSVLVANIA vs. NO. ACTION TO QUIET TITLE JEROME J. HUDAK and ANN M, HUDAK, his wife, Defendants COMPLAINT AND NOW, comes the Plaintiff, CHARLES E. SLACK, by and through his allorney. Charles E. Shields, III, Esquire, of 2 West Main Street, Mechanlcsburg, Cumberland County, Pennsylvania, and Inakes Ihls 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, tille, estate, lien or Interest In the real estate property described herein adverse to the Plaintiff's title and for cause of acllon alleges the following; 1 , The Plaintiff Is Charles E. Slack, an adult individual who resides at the subject premises, which has an address of 3810 Gollvlew Drive, Mechanlcsburg, Hampden Township, Cumberland County, Pennsylvania, 17055 and which Is also designated as tax parcel # 10-16- 1056-010. la. The Defendants are Jerome J. Hudak and Ann M. Hudak, his wife. who are adult Individuals who reside at premises having an address of 1015 S. Waterford Way, Mechanlcsburg, Hampden 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 porlod in excess of twenty-one (21) years_ 4. The said Plalnllff has paid property taxes on the said premises for a period in excess of 1 twenty.one (21) 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 comer 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 comer of land of Samuel R. Brooks; thence along the line of land of Samuel R. Brooks, North 8 degrees 30 minutes West 251 feet to a pin; thence continuing along the line 01 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 of Salvatore Acrl; thence down said run by the center of Its channel along the line of land of Salvatore Acrl 157 feet, more or less. to a point in the center of the channel of said run, and at the comer of land of George A. Brooks; thence along the line of land of George A. Brooks South 31 degrees West 50 feet to a point; thence continuing along the line of land of George A. Brooks South 8 degrees 30 minutes East 117 feet to a point In the center line of said public road, the place of BEGINNING. CONTAINING 0.43 of an acre. T~CTNO.2 BEGINNING at a point In the center line of a public road. at the corner of lands of George A. Brooks and Janet E. Brooks. his wile; thence along salcllands of George A. Brooks and Janet E. Brooks. his wife. North 8 degrees 30 minutes West 117 feat to a pin; thence continuing along land of same, North 31 degrees East 50 feet to a point I" the center of th& channel of a run at line of lands now or formerly of Salvatore Acrl; thence down said run by the center of Its channel and along lands now or formeriy of Saivatore Acrl, a distance of 315 feet; 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 degrees 45 minutes West 282 feet to a point in the center line of said public road, the place of BEGINNING. (repetition Is In said original) CONTAINING 0.55 of an acre. II. RE' PLAINTIFF'S CHAIN AND DERIVATION OF TITLE. 6. 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 2 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 01 Lancaster. Esquire. 7. Said warrant and the survey made thereon were completed on July 25. 1808 and were returned on August 18, 1808 and accepted on August 24, 1808, and showed. pursuant to the surveyor's draft, 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 draft made by William Wheeler, Deputy Surveyor, allached hereto as Exhibit A). 8. Subsequently, the said warrantees, on August 19, 1808, obtained a Patent from the Commonwealth of Pllnnsylvanla to these said lands, called "Florence", which was accepted and recorded In Patent Book "P", vlllume 63, page 297 on August 24, 1808, whereby the said warrantees obtained ownership In fee In their various capacllles. 9. The said Patentees, granted the said tract known as "Florence" to Jacob Miller of th6 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 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 of the Orphans' Court for the County of Cumberland, In the Commonwealth of Pennsylvania, pursuant !o 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 Pennsboro] 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 3 Recorder's Office aforesaid In Deed Book "0', volume 7. page 137, 13, The said Henry E. Barley and Helen M, Birley, 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 "S", 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 one-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 Juty 27, 1940 In the Recorder's Office aforesaid In Deed Book "E', volume 12, page 281. 15, The descrlpllon 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 of the grantors South 88 degrees and 15 minutes East 73 feet, more or less. to B Hlc:kory Tr99 on the bank of the run~ thence down said run by the canter of Its channel es II flows 856 feet, more or iess, 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 0 which uses It as a basis and overlays Acrl's deed to Brooks wllh designations of further subdivisions for the Plaintiff Mr. Tippett, and his neighbor, Mr. Slack. Also, see Exhibit E which shows the perllnent parts of a survey by Mr. Rechel which was allached to Deed 19 a 335 as an Exhibit). 1 6. The said Samuel R. Brooks and Mary C. Brooks, also known as Mary Brooks, his wife, granted and conveyed a part of the said tract, being Tract No.2 of the subject premises herein, to George A. Brooks, by deed dated June 21,1947 and recorded Juiy 1, 1947 In the Recorder's Office aforesaid In Deed Book "N", volume 13, page 341, 17. Subsequently, the said Samuel R. Brooks and Mary C. Brooks, his wife, and the said George A. Brooks, for various and sundry purposes appearing In the deed, granted and conveyed the said Tract No 2, to George A, Brooks and Janet E. Brooks, his wife, by deed dated September 22, 1960 and recorded September 27, 1970 In the Recorder's Office aforesaid In Deed Book "A", volume 20, page 42. 18. The description In said deed Is as follows: 4 BEGINNING at a point In the centflr line of a public road, at the corner of lands of George A. Brooks and Janel E. Brooks, hils wife; thence along said land of George A. Brooks and Janet E. Brooks, his wife, North 8 degrees 30 minutes Welt. One hundred seventeen (117) leet to a pin; thence continuing along lands of same, North 31 degrees East, filly (50) feet to a DOlnl In Ihe center of Ihe ehRnnAI of a run at line of IBndA now or formerly of Salvatore Aerl: thenca down Raid run by the canter of Its channel and along lands now or formerly of Salvatore Acrl. fl distance of Three hundred fllleen (315) feet. more or less, to a point In the center of a bridge over said run, said bridge being located In the public road aforesaid; thence along the center line of said public road, South 87 dogrees 45 minutes West, two hundred eight-two (282) feet to a point In the center line of said publlo road, the place of BEGINNING. CONTAINING fltty.flve one-hundredths (.55) of an acre. (Emphasis added) 19. Also, the said Samuel R. Brooks and Mary C. Brooks, his wife, granted and conveyed another part of the said tract, being Tract No, 1 of the subJect premises herein, to George A. Brooks and Janet E. Brooks, his wife, by deed daled January 28, 1960 and recorded February 6, 1960 In the Recorder's Office aforesaid In Deed Book "Q", volume 19, page 332. 20. The description In said deed Is as follows: 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 eighty-seven (87) degrees forty-five (45) minutes West, filly (50) feet to a point In the center line of said public road at the comer of land of Samuel R. Brooks; thence along the line of land of Samuel R. Brooks, North eight (8) degrees thirty (30) minutes West, two hundred filly-one (251) feet to a pin; thence continuing along the line of land of said Samuel R. Brooks, North forty-two (42) degrees forty-five (45) minutes East, sixty-three (63) feet to a ooint In the center of the channel of a run at the IIn9 of land af Salva.ora Acrl: thence down Raid run by tha center of Its channel and along the line of land of Salvatore Acrl one hundred filly-seven (157) feet, more or less, to e point In the center of Ihe channel of said run, and at the ccmer of land of George A. Brooks; thence along the line of land of George A. Brooks South thirty-one (31) degrees West fifty (50) feet to a point; and thence continuing alt-ng the line of 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 of 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 Iw;a 5 ~ and~, comprlslng Ihe enllrety of the subJect premises herein, to Ronald E, Tippett and Judith A, Tlppell, his wife, 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 Ronald E. Tippett and Judith A. Tippett, his wife granted and conveyed the said premises to Ronald E. Tippett by deed dated June 17, 1992 and recorded August 17. 1992 In the Recorder's Office aforesaid In Deed Book "V". volume 35, page 410, whereupon fulltllle to the subJect premises became vested In the Plaintiff herein. III. RE: DEFENDANTS' CHAIN AND DERIVATION OF TITLE, 23. Defendants' chain of IIlIe Is derived from the same primary sources as Is Plaintiffs as I, more fully outlined and explained In Paragraphs 6 through 13 above. 24. Aller Si!livatore 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 "0," volume 12, pago 375. 25. 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. McCiune; thence North 67 degraes East 575 feet, more or less. to an Iron road at the corner of the land of 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 II.) to a stone; thence by same South 39 degrees 15 minutes East 18.5 perches (305,25 fl.) 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 II.); thence by same South 45 degrees 45 minutes East 15.3 perches (252.45 II.) to a point In the run; thence stili 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 fl.) to a stone; thence still 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 II.) 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, 8 at the comar of the land of C. Mafaro: thence by Magaro land South 32 degrees 45 minute. East 34.3 perches (565.95 II,) 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 II,) more or lesl, to a point In the Holtz 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; Ihence along the line of McClune South 54 1/2 degrees West 120 feet, more or less, to a dogwood tree; thence stili by McClune following a fence line South 21 degrees 30 minutes East 212 feet to 8 bend In the fence line; thence by same South 0 degrees 30 minutes East along the fence 573 feet to 8 bend In the fence; thence South 7 degrees East 200 feet. more or less, to 8 post at corner of the fence Line; thence still by McClune North 87 1/2 degrees East 520 feet, more or less, to the Conodogulnel Creek; thence Southerly up along the creek 2130 feet. more or less, to the 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; thenoe along the Meek land North 48 degrees West 285 feet, more or less, to a point In the run and at land of Samuel L. And MAN C. Brooks: thence un the run and ~v the land of Brooks Northwesterly ~60 feel. more or less. 10 a hickory Iree; 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 (86.48 fl.) to a point at the corner formerly of the Cornman farm; thence stili by Wertz North 77 degrees West 62.2 perches (1026.3 fl.) to a point; thence by same North 75 degrees West 30.2 perchos (498.3 fl.) to a post; thence by same South 9 degrees 30 minutes West 28.3 perches (487 II.) to a comer; 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 II.) to a corner at public road; thence along the same North 85 degrees West 37,5 parches (618.75 II.) to the corner 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 thlrty.flve (335) acres. more or less. (emphasis added) (Inconsistencies In spelling and the like are In original.) 26. The successors In tllle to the said Acrls, to wll: CCNB Bank, N.A., of Camp HIli, Cumberland County, Pennsylvania. Trustee of the Elizabeth Mary Acrl Trust, and Elizabeth Mary Acrl, wltjow, 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. 7 Bubjectto some rellervallons and excepllonll, to South Central Service Corporation. a Pennsylvania Corporation, Chellter J. Acker and Helen M. Acker, his wife, and Hampden Square Davelopment Company, a Pennsylvania Limited Partnership, by Its General Partner. Detweiler Enterprlllell, Inc., by deed dated June 25, 1982 and recorded June 29. 1982 In the Recorder's Office aforesaid In Deed Book "U," volume 29, page 983. 27. The description In said deed Is as follows: BEGINNING at a spike In the center of a public road; thence along landll now or formerly uf S. Acrl, North 81 degrees 45 minutes Eallt. 253.85 feet to a black oak; thence along lands now or formerly of C. Magaro, South 32 degreell 45 minutes East. 565.95 feet to 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 degrees 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 minutes 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 Conodogulnel 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 Grennlngllr, 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 along lands nor or formerly of Harvey Meek, North 48 degrees West. 285 feet to a oolntln a Run: thlnC9 northwardlv alana said Run. 860 feat to a hickory .roAs; 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 lands now or formerly of Ovldlo Acrl, South 80 degrees 38 minutes East, 1315 feet to a cent6r 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) 8 28. Subs8quentto the signing, sealing. delivery and aocoptance of the aforesaid deed from CCNB Bank, N,A.. et ai, to South Central Service Corporation, et al. In or about April of 1989, Gannett Fleming Civil Engineers apparently proceeded to surveyor approved a survey of the aforesaid described property clearly bounded by the center line of the run separallng the said property from that of Messrs. Slack and Tlppell. 29. In connection with said survey, a subdivision plan WlS prepared for the owners: South Central Service Corporation; Chester J. Acker and Helen M. Acker, his wife; and Hampden Square Development Company and for the Developer: pamay Development Company. Inc. 30. The said subdivision pfan Includes an owner's statement which states: "It Is hereby certified that the undersigned has legal or equitable tille to the 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 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 the 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." 32. Said Final Subdivision Plan totally and f1agranlly 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. 33. 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. 34. The description In said deed Is as follows: BEGINNING at a point on the northerly sideline of Goltvlew Drive, a fifty foot (50') public right-of-way at the northeastem corner of an area shown as "out parcel" on the aforesaid plan; thence by Goltview Drive the following five 9 courses and distances: 1. South seventy-five degrees forty.shl minutes twenty seconds West (S 760 46' 20. WI, a dlslance of elghty.one and five one hundredlhs feet (81.06'); 2. By the arc of a curve to the left having a radius of four hundred feet (400'). an arc length of one hundred eight-two and sixty- ..ven one hundredths feet (182,67'); 3. South forty.nlne degreel thlrtY'llx mlnuteltwenty seconds Welt (5 490 36' 20" W), a distance of elghtY-llx and Illl one hundredths feet (86.06'); 4, By the arc of a curve to the right having a radius of three hundred seventy feet (370'), an arch length of one hundred leventeen and seventy-five one hundredths feet (117.75'); and 6. South IlxtY-Beven degrees filly minutes twenty seconds West (S 670 60' 20. W). a distance of ninety and filly-nine one hundredths feet (90,59'); thence by lands ~ow Dr formarly of C. E Slack. tha follawlno 'IVA (~\ murSAI And dislancAs: 1. North glxty d9QrA9R forN"ana minutes fortY"Rlchl seconds WARI (N 600 41- 48" W\. R distance of on9 hundrad IwalvA And shdeen one hundredths 'AAt 1112.16'\~ 2. North flfty..nlna dAOrli9S thlrty"flve minutes two RGconds WAst iN S90 ~Sl 02" W\. a dl"tan~9 of ~Ioht,.,..nlne and shttv..flv9 anA hundradths fAAI (B9.6S'\~ ~. North twanW.'our daruBRs flfty.two mlnutas flftv"anA seconds WAst IN 240 52' 61" W\. a di8tanc9 of two hundred BlchteR" and SAven'Aen one hundrAdths 'ABt (218.171)~ 4. North tAn deorA98 twenty"sAven minuteR fifty-two sAConds WAst IN 100 27' 62'1 W\. a dlstanco of throe hundred nlnety.nina and nlnAtv. on9 hundredths 'e9t 1399.91'\: 6. North eiahty.six deor99R thlrty.on9 mlnutAR 'Ifty.one saconds West If\J 860 31' 51" \1\(\. a dlAtanca of RAvanty.thr99 feel 173'\ to A oolnt; thence by lands now or formerly of Pamay Development Co., Inc. the following eight courses and distances: 1. North eight degrees thlrty- two minutes twenty seconds West (N 080 32' 20" W), a distance of ninety-five and sixty-three one hundredths feet (95.63'); 2. North seven degrees seven minutes flIIeen seconds WeRt (N 070 07' 15" 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 470 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 140 19' 21" E), a distance of two hundred seventy-seven and eight-three one hundredths feet (277.83'); 5. North eleven degrees ten minutes thirty-nine seconds West (N 110 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 (105.76'); 7. North forty-four degrees twenty-three minutes filly seconds East (N 440 23' 50" E), a distance of thirty-eight and ninety-eight one hundredths feet (38.98'); and 8. North fourteen degrees seventeen minutes thr&e 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 . al., the following two (2) courses and distances: 1. South seventy. five degrees forty-two minutes filly-seven seconds East (S 750 42' 57" E), a distance of ninety-nine and forty one hundredths feet (99.40'); 2. 10 North fourteen degrees twenty-seven minutes fllly.flve seconds East (N 14' 27' 55" E), a distance 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-live degrees tlllrty-lwo minutes five seconds East (5 75' 32' 05" E), a distance of two hundred seventy.two and three one hundredths feel (272.03'); 2. South twenty-eight degrees thirty. six minutes thirty-nine seconds West (5 280 36' 39' W), a distance of two hundred flIIy.elght and forty.slx one hun:jredths feet (258.46'); 3. South fourteen degrees zero minutes zero seconds East (5 140 00' 00" E). a distance of seven hundred sixty-five feet (765'); 4. North seventy. six degrees zero minutes zero seconds East (N 760 00' 00" E). a distance of one hundred forty. feet (140'); 5. South fourteen degrees zero minutes zero seconds East (5 140 00' 00" E). a distance of two hundred sixty feet (260'); 6. South seventy.slx degrees zero minutes zero seconds West (S 760 00' 00" W). a distance of one hundred forty feet (140'): 7. South fourteen degrees zero minutes zero seconds East (5 140 00' 00" E), a distance of two hundred fifty-five feet (255'); 8. South forty-six degrees zero minutes zero seconds East (S 14000' 00" E). a distance 01 one hundred seventy-five feel (175'); 9. North eighty- six degrees twenty-five minutes filly-nine seconds East (N 86' 25' 59" E). a distance of one hundred slxty.four and forty-five one hundredths feet (164.45'); 10. North slxty.elght degrees thirty-eight minutes filly seconds East (N 680 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 (5140 13' 40" E). a distance of one hundred five feet (105') to a point on the northerly sideline of Golfvlew Drive, the point and place 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 erroneously described as N 590 35' 02" W, whereas the plan as recorded lists this call as N 690 35' 02" W). (Also, several minor variations In wrlllen number versus numeral are In original.) 35. The said Pamay Development Co., Inc. granted and conveyed the same traCllmmedlately 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. 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" above-described, Into numerous smaller lots which, so far as they bounded the aforesaid properties of Messrs, Tippett 1 1 and Slack, Ignored the long established and clear boundary line of the center line of the run. 37. The slid subdivision plan Includes a statement and certlflcallon: "It Is hereby certified Ihatthe undersigned has legal or equitable IIl1e to the land shown hereon." Thenl Is a further stltementthatthe eqUitable owner Is Highlands of Hampden Square Partnership. The statement II then signed by the managing partner or Hampden Square. 38. Based at least partly 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 September 1. 1989 and was recorded In the Recorder's Otflce aforesaid on September 1, 1989 in Plan Book 59, page 3 under the tllle: "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. Tippen and Slack to various Individuals and entllles. 37. Among the said grants and conveyances was one from the said Highlands of Hampden Square to Carl H. Grove & Sons, a Pennsylvania Partnership by deed dated November 21.1969 and recorded December 1, 1989 In the Recorder's Office aforesaid In Deed Book "H,". volume 34, page 583. 38. The description In said deed is as follows: BEGINNING at a point on the westam rl~ht-of-way line of South Watertord Way, a 50 foot wide road, at the dividing line of Lots 596 and 595 of the plan of lots of The Highlands of Hampden Square, Phase III, said point being located on a course of South 14 degrees 00 minutes 00 seconds East a distance of 119.74 feet from the center of Bentley Road, a 50 foot wide road; thence along said westem rlght- of.way line on a course and dlslance of South 14 degrees 00 minutes 00 seconds East 117.00 feet to a point; thence along Lot 594 of the aforesaid plan on a course and distance of South 76 degrees 00 minutes 00 seconds West 196.05 feet to a point: IhanC9 910no land now or formarlv of Charles E Slack on a COUtS" and distance of North 10 deQr99s 27 minutes 52 sBCOnds WAst 11722 '991 to a point; thence along Lot 596 of the aforesaid plan on a course and distance of North 76 degrees 00 minutes 00 seconds East 188.82 feet to the point of BEGINNING. CONTAINING therein an area of 22,515 square feet or 0.5169 acres, more or less. (emphasis added) 1 2 38. The laid Carl H. Grove & Sonl granted and conveyed theatoreaald deacrlbed property to Daniel E. Foley and Joan M. Folay, his wife, by deed dated June 29, 1980 and recorded July 11, 1990, In the Recorder'a Office aforesaid In Deed Book 'Q,' volume 34, page 1167. 40. The IBid Daniel E. Foley and Joan M. Foley. his wife, granted and oonveyed theatoreaald property to Jerome J. Hudak and Ann M. Hudak, his wife, the Defendants herein, by deed dated January 3. 1994 and recorded January 7, 1994 In the Recorder's Office aforesaid In Deed Book 'S,' volume 36, page 1187. 41 . Said description along Plaintiff's boundllry and Defendant's alleged boundary has reaulted In an adverse claim on record to Plalntlff's property In that the Defendant's claimed boundary line cleariy crosses the long established and clear real boundary line between Plaintiff and Defendant as Is shown on Exhibit F. 42. As a result of the above stated errors and false claims to an Improper and unlawful boundary, there Is a cloud upon Plaintiff's IIlIe. 43. The said cloud renders the said Plalntlff's said property less than marketable In that It exposes the Plaintiff, or any assignee, grantee, devisee, or the like of the Plaintiff to the hazards of litigation. WHEREFORE, The Plaintiff respectfully requests that a Rule be granted on Defendants to show cause If any they have, why they should not bring an action of ejectment or be forever barred from asserting any right, title, claim or Interest In said land. Respectlully submllled, /1/ ~ ;::~ -~-~--------------- Charles E. Shields, III Mellon Bank Bldg. 2 West Main Street Mechanlcsburg, PA 17055 (717) 768-0209 Allomey 1.0.# 38513 13 .. _ ',\, ';;'-- ~.r' .,,~ ' :~ . ;:...... .....,~.:..... _:..,~'....\..",\\. -.J, .""\ ___"_'a--.J ~_.._ _ ........""'..":".....- '.."'-\. ':..J_.'::'_ "'.)l:,.'\,.\""\....."O:- ", _...-. ~. -' ;J.-'''~. -. 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