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FEP',8Il1rl.E DEED-T'P...,ltfl
~bt.s 3htbplttltrr, fihtill' IDIll'
?--rv- d.y ., ~ ,. 'A. v..r ./..r Lord 0.,
'Aut"arlll /I""' I/,,",I,.tll dn" Seventy-eight (1978).
Wl'IlUl'l'lI JACOB II. MlLLP.R, vid"".r, of Silvor Sprlnl TOlmohlp. CUloborlond
County. PennftylvAnia. Crftntor, rnrty at the tirlt part
A
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TilE HEOIIANIOSIlURO OLUB,o non-profit corporetlon, of Mochonlcoburl, Cuabor1and
County, rcnneylvAnia. Grantee, party
./ 'A, "rond porI. lUIIIIl'!l!ll'lI! 7'hl ,hr 'o"/porty ., 'A' I/rol,,,.r'. lor .nd ,. ro.,/d...'lo.
./ 'A' ..'" 0/ Two lIundred Twent)' Thouoond ($220,000.00)___________
/JolI"", "lIl'/II' ""mr:! fJl II., V'lI/flI .\'I"'r~ .,/ ,hJtl'rit", 1ff'1I onclln,'v /,a'd by Olt ltJirl/lfJr' Y "1 'A,
ltefJIlI' I"'f' llJ O'f' .'1(,1 "I/,.'Y It I tI.t! /11'.' /llIrl, II' ,,,,,1 bf'/'Jrt ,",. '''(,U"O nn" drfl,.tt'1I fll lit,."
I "rUtll", IlIe rr,.",,,, ...Il,rt',,/ ;. Im,',y 1,,.k'IfJlrlr'/qrd, hll'
'/1'I,nlrl/, Iml'UI,j/lf", .'l/I/, "Iifurfl, rnff'lIl/n/, ,rlpl/I(',', nllll'I'vnl.lfIll t"J/I/inntd and by Ihtu ptt"nl' dC/III
UloIII. '""'flllill, /I,.", ,,/iI'/I. ""/Il/f/, ,'l'lnl/lt, ('IHllr,'IllllI" C'1111/irllt .UlIII '''t ",',I/tttrl '1 ./
,At Irrnnd "nt' it! ~rjtl ,,,,,I rt/l,i'ln"
]\I[ thot cortain tract ot land oitu.t~ in the Townohip of lilyar IprinS,
County ot Cumberlond ond Stoto or renn.ylv.nia, eontoining 165.248 acree
pureuont to 0 ourvo)' by Whittock-normon, Ros1otered EnSineere, dated Horeh 3,
1978, which 10 more portlculorl)' bounded ond deocribed 00 followo'
aelinnlng at 0 poot in Olendale Drive (T-592) at lond now or loto of John L.
Kute, thence olong lond now or I.te of Kute Norlh 86 desreeo Weot, 0 dl.tonca of
363.26 feet to on Iron plpo at Innd ..w or Inte of Donnld Rllmllofl thonco alonl
land now or Jott! of Rtm.'llcr North 06 dllgreelJ S9 minuteo 2.5 Reconds \JeRt. a
dietnnce of 1,051.53 C.ot to nn I,on 1.lpo, thonce olons the somo North 51 desu..
08 minutes OS "flcondn lnnt I II IIintnncr oC (,22.88 feet to tin iron ripe nt II
point of curvnture; th(lncr. ft1nnrJ thr. Anmc ftnd tht! ore or 0 ctrculnr curve
curving Lo tho rtr,ht hnving ft rndtul'l of 125.01 Cel!t, "11 "rc )C'nJ;th of 153.23 feet
to ftn iron ripel thr.nc! rtll'lnn th.. AI'lr.t! South 52 d('r.rr~fI 38 lIIJnutn" 0/. flf!cond"
r.Illlt. " di"tlllnce tlC 235.J6 (('t!t ttl n rntlrnntl tlrtkn in thf! c('nt(!r lill& DC
~DOln7 ",It[ 4.15.
Olendolo Drlvo (T-Sn)1 thence alonG tho Cenler lI"u oC onld Ilrlve North 04
degree. S8 nlnute. 46 .econd. EO.l 0 dl.lonco oC S9.21 Ceot to ft rollro.d
Bplko; thenco alonG land nOIl Ot" lALe or 1l1lnnld Rl",,"o" North ~2 denree.
38 minuto8 04 Roconde Went n dhtnncu of 70.22 (rot to on Iron p11101 thl'l\ce
o1ong land nO\/ or Iota oC Chnrl". II. th",nn ooulh 74 dograoa 32 mlnutoa 14
.uecndl EAll . diataoea ot 61.02 reel to on 1 ron pin in n Rlumll (round) I
thence along the name North OS decree8 44 minuteR 41 f1ccondn \-.'ost . ,Bolanee
of 265.18 leot to nn iron pin (found); tl\encc along land noy or Into of
JOle(lh Barrick North 81 decreel 07 minutes 10 IIccontln f:"nt fA d1Dtnnco of
511.00 teet to an Iron pipe nl'.r " pORt I thl"f1c(t nlnnA the Rnmo 81111 land nO\l
or lato of Hiller North OS dCf;rccB 41 minuteR 56 Rotondo enol B dhtftnce of
312.25 feet to an hon JllnJ thence along lAnd now or late DC Horgan C. 11011
North 84 de&re.a 37 mlnuto. EO.1 0 dlalnnce or 1,702.31 Caot to a otene pilei
thence along land noW' or iota ot I\obert S. Ill'.Hnrlyn South 13 degreeB ~S
minuteR 53 seconds VeRt n dl8tance DC 1,198.5 Ceet to 01\ iron pipe I thonce
olong tllo same Houtll 25 ,Icnre~ft 1~ mll\lILI'R S~ RCCOlldo VORL, n dlntdl1ce oC
~04.S2 Ceet to on iron pipe; thence nlonJ; the eomlJ Bouth 1.8 deBrecB 31 minute.
24 soconds east, a dhLRI1CC DC 1/.5.2 (ect to nn iron Itln; tll1'llCC olol1g the
earlB &outh 30 degreeB 41 minutes COAt, 0 dtnlllnce o( 392.7 (eet to on Iron
pipe I thence nlonn the Ramo Bouth 18 decrecR 51 minutes 16 80COI14.10 east, 0
dhtance of 486.15 Ceet to rill iron pipe; thence along the sarno and land nOW'
or late ot John 11011 south 15 degrees 57 minutcs 19 Beconds coot, 0 distance
of 1,254 Cect to an iron pipe; thence along land now or lote of John L. Kut&
north 79 degrees 06 minutes 19 seconds WORt, 8 dtRtnnce of 1,~70.l5 Cect
to a ~O inch ",hite oak treel thenCD olonn the some north 07 degrees 57 minute.
38 leconde alat. a distance ot 880.35 fvet to a 2~ tncl, locust treD; tllence
along the nuo north 84 dORTCC8 25 minuteR 09 8p.conde wCOl, 0 distance of
1.366.00 feet to on iron pipol thence along the 8omC! nonh 87 degrees S1
minutes 19 seconds west, a distance oC 621 fl!ct to R pootl thence along the
8ame and over Glendale Drive (t-592) norlh 08 decreeR 31 minuteR 39 eeconde
eaat, e dlatance oC 103.81 feet to ft poat, the point oC aeglnulng.
Said tract containing 165.248 acrCR hnvlng lhereon erected a t\o'O (2) Itory
!r.ma dwelling, born .nd eut buildinga.
/" '
B&INO T11& SAIl& PREMISES which Jame. A. I'otlel&ar and t:mma F. Potlelsar, hls wH.,
by thelr deed detad Dacember 7, 1944 nnd recorded Decembar 12, 19744 In the
OUieo of tho Recorder of Dceds in and Cur Cumberland Counly. Pennsylvania
In Book W 12, p.ga 320, granted and conveyed unte Jacob II. tllller and Ueuloh O.
Hiller, his wlCa. And tho aold Beuleh O. Hiller died Inteatota on Januory 2,
1973, vaating the .ntlro property to Jacob II. HUler.
nl. above deecrlbed tract oC land conveyed by l'oHoicer to Hiller is the remainder
oC tho land conveyad originally purauant to tracta aold under Book C 14, page S31
Book A 14, pig. 4761 end llook P 23, p.ga 303, end is In accordance wlth .
.urvey perCormed by Whittock.l~rtD.n, ProC...ion.1 Reai.t.red Enain..rl, d.t.d
Horch 3, 1978.
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,pAIlT ICUL.IIlL I' DE SCIlIIlEO AS FOLLOWS I
OEOINIIINO AT A POINT III ,pIIIVAII: HO,\O l.lAIlIIIG T<J TIfE Il'JILOI'WS IN TIlE DIVISION LINE OF
JOHN L. KUTZI THENCE III' LAIWs OF blllll'KlIl2, IIOIITH 116 IlEGIlHS VIEST n PcnCIE~ TO STrtlE III TIE
,L1~E OF I\AIIOALl.1 TIIENcE Ill' Llltill OF .IOS[PIf IIAIIOALL Mill JOIfII 1I[IlEIIMAN, NOIITIf ., OEGIlEES \I[~T 67.)
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HOIIEI Tll:IlCE Ill' LA/WS or G. 111./1 '.IIIE, iHIIJTII 1.6 Il[GIlE[S EAST 11.6 I'EIlCIf:b TO STONES, THENCE IlY
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CHES TO bTAKE 1 TIIENCE Ill' SA/,f: IlnllTlf 4 IlEfollLEU )ll MIIlIITLS EAST 16.5 PEIlCIfES Til A POINT IN TIfE
DIVIOION LitlE OF W. scnTT ~nYlL, IIIEllCE IlY U"Hl or W, BCOTT CDI'LL, IWllTIf 115 IlEGIlErS [AbT 100
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!IUSSER, TIILNCE lIY LAIIOfl or J,ICOll SI~'!iJ'~!j, SOIITII 1) UEGIlEES 3lJ MIIHHLB l\toT n.2 PEIlCIES TO
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WILL AND lES1AII(IIl OF 5AI.1UrL U.IlL,I, DfCEA5ro, filii AND III ClII15 I DEIIAT ION or TilE SUM OF FDlllY-
fiVE IlUNDIIEO(A>$50D,OD) 'DOUAt/5, l.^wrUL MUNEI' or lllE UNITEU SIAlES 101111.1 IN II^ND I'^IU UV TilE
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COIWII'M UIIT" 1111. SAID "AIAES A,l'OlHIGIH ANtl un'.' f.I'OTTEI"EH,' IlIO 'III FE, lllLIII IlEIIIS AND ASSIGN~
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AlILI' ,OI5CHIUEIl^S FOI.I.U'II5,
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i 67.3 I'E'ICIIES 10 S1011D, TlIlNCl U, I AND:; III UA, II 11.1I'"11.1AII, NOllll. 56 OEOIIlE5 EAG1'40J4 I'EIICIIE6 10
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I UI' TI'E SAME, NOIITII ;> OEGIII:':S 15 MII'"Hti 101:.1 LIi.l ITIIC:llfB lU S10NLI l11LNcr UI' 6^"'E, NUII1H 58
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("1 I:I<OW IUGl Y 011 WILLI NlllY SlIf rElI[Il T If UI IlO"I, 011 CO~fAll1liJ ANY, ACT, MA111:t1
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tCI'{~ {: s/ I/- I~ /JI.IJI, UJ. '"J-l{"d-O
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AND ASSIGNS, AGAINST IIlE SAID PART .S or TltE flllSI PAIlI ANlI III[lR IlURS, AMINSI ALL AND
EVERY OTllER Ptl160N 011 J{IIS0NS w'tllM!inrVIII, tAwfll1l Y CIAIMINO 011 10 ClAIM TliE R~1. OR ANY PARI
IIlUl[Or, SIlALL ANII wilL, UY IIlU,t PIlI!illH'i, w^,IIIMH ANII IlllllVlflllllllllJ,
IN wITNE5S wllEREor, TIlE 5A IlIlSl PAIlI 10 IIll5[ "Rl5lNIS IlAVE IlEREUNTO
SrT THE III llANOS AND slALS OAH 1 Hl5T AIIOVl "'''TllN,
slUNW, B[AUO ANO UEl.IVERLIl M^1Il1 ~ UwIU.H
IN TilE PRE5ENCE or I JOliN C swlUR
RUSSEL /I UPlJEGRAH
STATE OF PENNSYLVANIA)
COUNTY or DAUPHIN )as
ON THIS 15TH U Y Of OECE DEll IN TIlE YEAH ONE TIlOUMND NINE IlUNDRlO AND rORTY-
EIGIlT ( 1948) OErOIlE ME, A NOTAH PUUllC, THE UNUERSIGNEll om CER , PERSONALLY APPEARED
MAUEL K, SwlLER, ~NOWN TO,..E ( 0' SATI&r CTOIIILY PROVEN) TO DE Till PEIIS'ON wllOSE NAME IS SUO-
seR IBEO TO THE wi THIN INSTHUMENI, NU AC NOWLEOGEll 11l,\T SHE EXECUIED THE SAME rOR THE PURPOSE
THEREIN CONTAIt€1l AND OESIIIED THI: IGln UE R[CORDEUAB BUCIl,
IN wi TNESB WHERE or , flEUNTO ~I MY llANO MU"NOTAH IAL SEAL,
r L JAYLOR ,
NOT ARY PUBLIC
MY COt.Y>1ISsION EXPIRES MARCH B,1949
(81M.)
(SE AL)
BTATE or PENNSYLVANIA)
: COUNTY or CUMBERLAND )SB
ON THIS 15TH DAY or DE MUER IN THE YEAR ONE THOUSANDNINE HUNDRED AND
rOIlTY EIGHT ( 1948) BEFORE ME A NOT RY PUBLI , IIlE UNUERSIGNED OFFICER, PERSONALLY A,PEAREO
MAIiEL K, swlUR AND JOHN C, swlUR, IlER HUsUA 0, KNO~ TO ME ( on &1.11 &rACTOR IL Y PROVEN) TO
BE THE PERSONS wllOSE NAMES ARE SUB CRIDEO 10 T E wiTHIN INsTRUKNT, AND ACKNO"'-EDOED THAT
THEY EXECUTED TilE SAM'- rOR THE P RPOSE THlREIN CONTAINEU, ANDDESIIIED THE SAME MIGHT BE
RECORDED AS SUCH,
I HEREBY CERII rv
MECHAN ICSBU~G, PA,
SET MY IlANU AND NOTARIAL SEAL,
, .-'..
GU I sTw'l'I,lE
I
PUBLI C I
MY COMMISSION ExPI ES JA}4, 7, 1951
, ,
PRECISE RESIOENCE or IIIE WITHIN GRANHE 15 H, U, If 4,
AK
RUSSEL B UPUEGRAfF
It- _(~T11~OJI GHANm
----------.----------------------j------.---------------------------------------------~-----
NO 2))12
uno I
I
J..cOB Il MILLEH EI U~
II11S0EEO,
I
TO M.IOE litE 121H DAY or MAHCIl, IN TIlE YEAR or OIlR LOHOONE
CHAlIlES E MUMf,IA ITlIOUSANO NINE IlUNIIREIl AND FORIY NINE,
CONS, '1,00 IIJElwllN JACOB II, MILU.1l ANO BEULAH O,MILLER, 1115 w"E,or
LOC, SILVI:H SPIIING TOVtNslIlp I
lIiI TOwN5't1P 01 !ilL VIR SPR INO, COUNTY OF CUMlEHLANO ANO
DATED M!,RCIl 12, 1949 I
{HAll or PI.NNS'l1. VANIA, PAn I liS OF IH[ FlllsT PART, OHANTORS,
ENI, MAIlClt 14, 1949 I AND
--------------------.----.-------1
CHAllllU [,MOMMA, or EASI P[NNUIOllU TOWNSHII, COUNIY AND
HATE AFOHI.6AIO, PAil I Y or IItl: 61.CUNO PAIlT, GIIANllE,
WIlNESSEHI, TIIAI IN COIISIIlEIlAIION OF ONI. 1l0LlAIl ('J,lXJ) IN llANO PAlO, IIH RECEIPT v.l1(HEOr
16 flEIlEIIY ACMNO\\ll llGlll, 1111. GIlANI01I5 IlO fllIU:IlY GIlM'll ANII CONVrv 10 IlIl SAIll GIlANlI.E, IllS
flllRS ANll ASSlriNS,
AlL lItAI CEIHAIN PIH1PrfllY I.OCA1I11 IN !ill. VI II iii'IlINlI IO~!-I!iIlIl', COUNTY 01 1:111'I111 IlLANO
AND BlATE or PENNSYLVANIA, OOUNOED AND DESCRIBED AS rOLLowSI
BEGINNING AT A POINT IN TIlE PUBl.IC 1I0AIlI IIIENCE ALONO LANIlS or CIIARlES L, MlIMMA, NORlU 56
DEOREES EAST, 80,5 rHI TO A PINI IIIENCE OY TIlE SAME srullt 1.8 OEOOErG EAST, 182,5 rHT TO A
PINI THENCE BY TltE SAME NOOlil 2 DEOIIEUI 15 MINUIlS EASI, 166,65 FEU 10 ~ PINI TIIENCE ALONG LANDS
or GRANTOIIS, NORTH 51 OEGO[[S 15 MINUlES EASI, 28 rEU To A PINI TltENCE OY tilE SAME SllfTll, 5
DEGREES 45 MINUIES EAST, 267,7 rHT 10 A LDClISI IRLEI TIIENCE OY litE SAME NORTII 77 OEOREES 15
MINUTES VlEST, 70.7 rEET TO A POINI IN lifE CENIlII or litE PUULIC 1I0AD, IItENCE OY TltE CENTER or
SAIO PUBLIC ROAD NDRlU 50 DEOOEES wESI, 256,5 rEEl 10 A POINT, tilE I'LACE or OEOINNINOI AND
, CONTAINING .7 or AN ACIIEI AND
IT BEINO PART or THE SAME PROPERTY WIIICII WAS CONVEYED BY JAMES A, POTTEIGER AND WIfE TO
THE ABVVE GRANTORS BY DHO DAlEO DECEMIIEII 'I, 1944, AND IIECORDED IN 12 "w" )20,
THE wITHIN PROPERTY IS (;RANIED ANIl CONV[YEIl TO TltE WlTltlN GRANTEE SUBJECT TO tilE RESEIIVATION
or A RIGIIT-Or-WAY 20 rEET IN WIDTII ALONG IIIE wESTERN BOUNDAOY or TltE WITllIN OESCRIBDD PROPERTY
AND ExtENDING rROM THE SOUTHEIIN LINE or TilE "OOPEIITY I':CENTLY CONVEYED BY THE GRANTORS TO
JOSEPH BARRICM ANO VIOLET BARRICM, illS wirE, TO TilE NORTHERN SIDE or A TOwNSltlP RMIl, SAID
R IGlIT-Or-YIAY BE INO IN LENGlIl 26'1,7 r[[T AND EXlENU INO ALONO A COURSE rROM TIlE NORTHERN LINE or
TIlE BARRICM PROPERTY soulU 5 DEGREES 45 MINUTES WEST, ANU Till SAIO EASEM(NT TO TltE SAID J0!11'11
BARRICM AND VIOLU, illS WirE, IS rxPIIESSLY GRANTEU ANIl CONVfYEU IIU{OY TO THEM BY 1I1E GRANTORS.
AND TltE SAIll GOANTOS WILL wAIIIIANI (JENEIIALI,Y TIlE "ROI'llllY IIEIIEBY CON\{YW,
IN wiTNESS wllEREor, tilE GIIANTORS IlAVL IIlllLLJNTO SEl lifE IR llANOS ANIl GEALS litE DAY AND YEAR
r IRST ABOVE WRITTEN,
SIGNED, SEALED AND DELIVERED
IN TIlE PRESENCE or
r, J, TE ""LETDN
COw.!ONwtALlH or PENNSYLVANIA)
COUNTY or CUMBlRLAND )SS
ON TIllS, THE 12T1l DAY Of MARCH, 1949, OUORE t.'{ THE UNOCIIS IGNEIl orr ICER,
PERSONALLY APPEARED JACOB It, MILLUl ANIl OEULAII 0, MIUER, 1115 wirE, KNQ,l/N TO ME OR ( SATlSfACTORIL
PROVEN) TO BE H1E PERSON WIIOSE NAMES AilE SUBSCRIBEU TO TilL wllltlN INSTRUMENT, ANa AC~NOWLEOGE'
THAT THEY EXECUTED TltE SAME rDR TltL I'UIlPOSlB TIlLRllN CONIAINED,
IN WITNESS WHERlOf, I ItIlH.lINIO Sll MY IIANll AND OfrICIA~ BEAL,
rRElllR 10M J I~M"L~TON
NOT~Y PUULlC "
MY COMMISSION ~RES ~,\~~Il 20, 1949
Pft:CISE IlESIOENCl Of THE QIlANHE 11"
JACOB It MILlL R
(SEAL)
(SEAL)
BEULAH 0 MILLER
I IlERt.BY CERTifY TlIAT TliE
129 5, ENOLA llRIVE, ENOLA,
E, PlNNSUORO TwP, PA,
r, J, HMPl110N
ATTY rOR QIlANTORR
AM
__._M___.__,_______.___._..~__.._._____..____.________---------------.-.___,
.___a______________
NO 2))1)
DEED
IIlVIN G llMMEIIMAN ET UX
. 1l,Ill 1M
, MAIICII II, 1'//,')
, A, II, A'-'f1 NIIAt:ll
I-II. -4'1
TO
JOliN B WAHIlS, JIl U UX
CONS, 11.!Xl
IDe, GAMP 1111 L,
',"
I--~
I
I MAI!I Till
, ,
1111 I, I NIIlllIUlI1 ,
I
I
THOU- '
I'A,
11111 IIAY 01 MAtH.1I 114 Till YIAII III !lUll LOIlU ONE
OAHU MAI/CII 11, I~I.~
I "At~11 11INI IHllHillll1 AtHi 10llh 1/1111,
INI, MAlICIl 14, 1~1.9
_..n_.."____,_______,. .J 11111'11111 IIlVII, Ii. /I MMII II'Atj AlII' LAIlOIINI M, II MMl HMAN, '"0 wlHI
or Hlr ROI/OUGII or CMlI' lilli, UlIIIlIY 01111\.\1111>1 AtHI 'Ill' ';IAII III 1'1 IfI<!,VI VAtHA, PAtHllS or TIl[
I IIlhl PAIII,
~~ ~~~(I'~L.
6u'!- J' W, I~-~~
BY TUCtlE I'nCm:IITG, COVEIMIIT, CIl^,1T AllII N11[[!1l AIIIl \'11111 Till: MII1I'MTICO or TIIC oECOIID I'NlT,
lllEIRS MID AGDIC1lU, llAT GIIE lllr. GAlll GAil tlULL II IIIIAllIlT, Nil lI[n 11[1113 ALl. AlIIl GIIHlULAR TIlC
lITAI.EIlTO Aim 1'1IC11I[CO IICIlI:IIJAOOVC 01::.1111 UI AlIIl 1 pm1[1l Oil I,ElI1101:[O, AlIIl 1I1T[III1Co GO TO oE,
nl[ Apl'lInTCIVlIIC[G, UIITO nil: GAlll I'AIITICi 01' 1111: : .CIIIIII I'NIT, Tlll:IllllUnG AlIIl AGOlllllll, AGAllmT
SAID pMTY or nil: rlll('T pMT MIllIIr.n IICI ,; AlIII lIlitlllOT AU, Alill [\,UIY Olll[lll'rJlGOII on I'CIlGOIIO
30EV[n, L/,\'WlILl.Y CLAII,IIl.1l at TU ClJdl,i 111\ [,0\1\ {If: AliI' I'NIT 11l1l1Lllt, :.IIALL AIIIl WILL, 01' TilE
"IlTG, \'/!,nn,\IIT AIIIl 1011',VLI1 l,crr.lll1.
i IN WITIICGO \'11I[l:COr, nil: GAil) I'NiTY III TI III'T N:I 11,\:,11111' IKITIl :;LT 111:I: IIAIIII AlIII ('EAL niL
AlllJ Y[fif rill ',T All ,\lC \'~II TTC II.
rn, OEMJ:O AlIll OCLlVCIlCO
I II n If: pnEOLIlC[ 0 I'
R. D. WIlU:Y
C or I'LIIIIGYLVAIIIA 0
11111 COUllI' ,
. AliA MlILL If; 1111 NUll
(GLAL)
GG:
/
011 TilL 11Il',T OAY or ApnlL III TilL YUdl IlLL TI flI 'Nil! 111Il: 1I1I1IIilllU "'Iii IIJITY-UCV[IlIlHonc '.IL,
GUOucn mLn, A 1l0TMY 1'1I1lLIC, III Allll rill! :;1,lll ATL Allll CUllinI' l'L1rJIlIIALLY CAI,!: TilL AllOV[-IIAI,IEO
, f,IULLlII IlnAlllT Alll OIlC ACHlIUI'ILC\lnEU Till: AIIOVE IIII1UITIII:!. TII Ill: IIUI ACT .\1111 flLW, Aim \lEBlnro
Ot.l.E MIGIIT DE IlECal!l[IJ AS StJ;II.
\'11 TNEOS 1.11' IIf.llll All! ~ Icr^~~[)\L.
" . l '
" " :..t' .. ,
~ R ,[\.M. ,
1'.1'. J
.
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I G 42B
R. II. MAlUY
I
,
I MY
i I llEflCUV CCIlT 11'1' TIIAT TilE PIlEC WE 11m 10I11a: or
pml OmELT, 11:\'1 CUt,mr.U\ND, P[IIII3YlVAIIIA.
i
i
I
,
'IITARY I'\lOLlC
JAIl. 27, 19/.9.
TI . mAlm[. III Till: WI TIlIII \lEEO,
SAloIl :1. G. I.IILLEH
ATTUlICY ron G1IAIITCE
O. MllLEII
Till', \lELU,
W,IlE TilE l1T1I U/,,! of t,lmCII, III TIlE 1'[;,11 OF OlJll LOIlU OIIE TlIUU-
SAI'U III1IL IIUNlJfllD 1,1111 rlllTY-IIII[.
DETWE[N JACQIJ II. I.IILLCII AIIO OEUlAlI D. I.IllLW, IIIU Win:, or m[
TOI'IlIUIIIP OF sllVCfl GPI1l1lG, COUlllY OF CIJ.lllEla.MIO AIIO GTATE or I' Elm-I
I
SYLVillIIA, I'AnTICO Of 'IHC I'll: T pmT, O1AIITms, r
A II 0
TO
I'll k VIOLET B. DARRICK
. tl.00
, S IlVEII GPA IIlG 1\'11'.
OMAn. 11,1949
. MAn. 12, 1949
JOI,EPII IJAnn IC II Allll VIOLET IJ. DAnn ICII, 1110 \'/11'1:, or Till: SA ID TOWI/-
51111', COIJlITY Aflfl GTATL, 1'N1T1I:G or TIll: OECOIIU PAnT, O1AIITEES,
\'IITIICi'GLTII, TII",l III clI'::,III[fl,\TIOII or OIIL OOLL/,n ((11.00) III II^,IO
J, TilL III:C[II'T \'/IICI:l:Or 16 IIfJ1my ACllll!lllJ:.UOl:\lj 1111 'OI,NinJlUI \l0 1I11il11Y ,IIAIIT AlIIl !:'f1VLY TO TIlE
UlA/lTL[6, 1111: III IIC liiO AlII1 AGG IClIG,
ALL lIIAT C[nlAlIl 1'n0ll:llTY Locr,TLO III SILVU: :;111 I I III TOI'nH,III1', COIIIITY 01 CI~II\LIILAIIIl AlI\l GTATE
E11110YLVo./IIA, 1l0UIIII[0 11I111 l!Ei,UllllW A:, rOI.l.OI'IGI-
U[GlIlIlIlIlJ AT A 1'111, !:mllCIl 0/ 1.1,1011:; 01 clv,nu:o [. I,II"'VI ,\1111 TIt: 'l,AIITI[O, TIlCIICE ALOIIG LAlva
TIlL ClIIIIITUlO, II GIlT II 50 0[(;11[[0 [Ai,T, J'I2.6 I'Ll T l' A :;fOlt, TIIIII!:I. flV Till: :;,1,1[ BOIHII 86 \lL-
'0 )0 1,1I11U',[G [AI,T, 2JI. F[ET TO A POGT; nll:lrll. AIUlil, LloIllG or '1Ii\I:TIlW GOU111 I. IlLmL[G JO
1[0 \'/CGi, 100 ITLT TI) A 1'111; T111:::,-t: II'! TilE GAI''- :;';11111 III IIU,I!I.I.G 15 I,III,IIT[B W[GT, 5/.5 Fcn
1'111, TII: PLI,C[ or DEli 111I11110, AIILJ
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IT 111:1:IG I'IIIT 01 1111, :;N.IE 1'1I0PCIITY \'1111'-11 VIA:; CIiIIVL'IIIIII'I JAI,ILn A. 1'0nLII,UI Alill \'111'[, TO TlU:!
till l/:AIlfIlIlIIIlY IDII IIAT[\) llLCIIIIII.I: 'I, 1'11,/" "I~I "ClHiIiW III 1;: "\'/" JW.
,\III III: :;AIIi ",\liTIII'I, \'/111 '",,":II,\IfT III l.IIiAII'" 1111: 1'1 I} IIlTY ilL: IIII' 1>"IIVLYLIl.
III \/llIiI:,:; \'11111': III, ll1i 'I.AI:IIII::; 111,1'1 II Ii. 'r.1I , : I 111111111,,::1<; "lill ',I Alii 1111 IIAV Alifl YIM
'T A1I,VI 11/1111.11.
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1[l1i5 1E>ccd
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n:Jnr,utIU\
MlI1 10 i~ Nl B
,
Mo"t th,
Ninrlrrn hund..d ond
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oeventy (1970)
1./cv.-<A
h.'.~~.l.\I.1 "..iltlf
PlI,Ii~n\llil.l
. in ,ht ~tar
lllll\lccn JACOn II. H11.1,lm ond nEl.lLAII 0, HII,U:R, hln wIfe, of Silver
Spring Township, County uf Cumlll'rlol1ll, DllLl :Hole of
Pennsylvonlo,
Gronlor 8 t
AND
IJONAI,D C, UmBElt, of u, D, 2, Hl'chonlcRhurR, Counly of Cumher-
lond, ond Stote of Pl'nnsylvonlo,
O,on're
WltnUIUh, thot in ro.,idr,olionol ON~; OIHI NOltOO----------------------------
__ _ _ _ _ _ _ __ ___ ____ _ _ ___ _ _ _ _ _ __ _ _ __ _ - - __ __ __ ___ ___ - - -- ($1. 00)- -- VoUors.
i" "on,' poi,I, tI<< rrcri"tll"<<..ol i, hrrrl,v orln."""'qrd, tI" ,.id Gr.nto, 6 d.
Ilrrrl'JI pront 11nri runt'rv'o 'he '(lid Ora"f". h 18 htir. and n"illn..
ALL THAT CERTAIN troct of 10n<l oltuote In the TownRhlp of Sllv"r
Spring, County of Cumberlan<l, 8n<l State of I'ennsylvonlo, boun<led and
<leRcrlbed 8S follows, to wIt:
nEIHNNING at 0 poInt In the lermlnuo of 0 public rood ~nown OR Glen-
<lole ROA<I 8n<l At the "n<l of on "xlRtlnR dirt rOA<I jolnlog GlendAle
Road os 0 contlnuotlon thereof; tb"nee ncroos the nold lermlnus and
heyon<l South 36 degreeo 7 mlnuteo 46 Recon,ls West 0 dlslance of fl fty
(50) feet to 0 point; thence North 51 deRrees 52 minutes 14 seconds
W"at 0 <llstonce of on" hundre<l nInety-rive ond 63 hundredths (195.63)
feet to 0 polnll lhenn' In II w"RlwlIl'llly ,lIrectlon by 0 curve to the Ie
hovlng 0 redluR of (JIll' hllndl'l',1 tWl'nly-flv.. (12S) f....t on ore dlstonc"
of Rev"ntY-RIll and "Ixly-one IIIIIHIt-edlhR (76.IJl) fl'et to 0 point; th"ne
Soulh 55 d"'~I'l'es 5] minuteR 55 RHn"d. W.'"I 0 ,llRtonee of .Ix hundre<l
twenly-two and elllhty-n..v"n hundr.',llh. ((,27,87) f.'et to 0 polnl at
otlll'r lon<l of the "rontee, fnrmerly nf Normlln II, HodahauRh and wife;
th~ne~ hy "nme North 8 d,,~reeo IJ mlnllLeR J5 s"conda Wesl 0 dlsLsnce
or flCLy-flve o\ul fifty-five hund..~t1thR ("5,55) feet tn 0 polnL;
Lhenee North 55 dl'Rreo. 5] mlnuLes 55 second" East a distance of
.even hundr,,<I twenty-one ond sevenly hUllllre<lths (721,70) feet to s
point In tbe aforementIoned dirt roa<l; thence thrnuAh the ssld <llrt
rood S"ut" 5) <lellreel 52 mlnule" 1/. .eelJlul. toot 0 .holonce of lhree
hundred elllhteen on<l "IHy-elghl hundredlh" (J1R,f,8) hel to . point,
the I'lace of nl>GINNING,
CONTAINING 1.20 acre",
IIEING 0 I'ortlon of ..he loml 8urvpy..d hy Wlll1am II. Wlllltod, I'.E"
Horch 5, 1970, lJrowlnll Nn. 1/,-6'1, File n.
IIEING 0 part of tho (11'1'",1,,0. whlrh .10""'. A, l'llttrlner nnd EII'''s f.
l'ottell\er1 hl8 wife, hy tl",l.. 11.....1 doled Ilecemh,'r 7. 19M, olul nel1l'd"d
In Cumher ond Cllunty !leod lIook "W", Volu",1' 12 I'olle 320, gronL"d and
conveyed IInto Jocoh II, HIIIH and IIl'ulnh n, Hltll'l', his wIC.., I:rontors
hreeln,
TillS Is A Deed glv"n wllllOut ""n81.le!'nLllln 10 correcl the rrrnl'8 In
the de"crlptlon In the lIe,'d ll'l'or<It,,1 III Cumherlaml Cllllnly !leed nook
"N", Volume 21, I'oge 109 ond I" 11,,1111\ !'"col'll..<I clllIl"mIHJrsnellll.ly with
A Ileed back from th" GrnIlL"". to the I;rontorl. These eorre.'t Ive \leed.
ore exempt frolll ell Itntl' olld lnrol Il'al l'otnte trsnlfer Lurl.
WlII/1:.!;lrAlol ;lU:1
91U1
Ih, laW Grulllorl WiU Warranl
generRlly
Ih, I"oP"t~ III"b~ ""nl,.~.d.
an Ullwul Ulhmol. Ih, laid arRnlor 8 Ao ve h...~nto..I
IIl11t ,.'ul" ,hrt llflll flfld IItllr ~", nlJolJ, wrilten.
the l r
hond8
Siun.d. S.al.d Ulld Deliver.d
in Ih, p....ne, 0/
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QII,IA~. 'lid A. "T!' da~ 0/ 10\ C\)o. ('_0-- /11/0, b,/or,,",
,',..~'; ~, ~,>.;~" 8 Not a ry I'uh He" Ih"llu'llerliVllcd offlur;. jI"'onal/~ a"/ltored
/,. ;., 'oj1\COlllI. HIl.l.ER anu n~JJJ.AlI 0, ~ 1..1::11, 1118wlre,
! ,Am,,"" Iu "" (o....'~lulllCloriJu /'roven) 10 b, Ihe /"''"0118 ",110" IIOIIIe9 IIl1! ,~bwib.d 10 Ih. ~,ilhin
~'irl;I",III.nl, and, 'd<~lIow,.iJV.d Ihol t h,y nl'<ule<l II,. '0"', lor II,. pu,/'ou Ih...ill ,onloilll'd.
. ~ . ;
;:' or IN lVnih.'6)~iW1H:I/IW~', I hove h...,o..' "'~ hOIlI/ 011.1 notarlo 1 ..aI,
'O:~,~~ "." ~..:;/ ~ ~ }-\ n n
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. .' ____ 0__ _ Iol, CGllIf.~~h.~ _ \.l!l~~~ 7J~ .~~~___._
,"_ Cwmt.ul.I,J, I'j. CWIt:lhll'llll CUllnl,
a ttlrtbl! [rnilH Ihollh. prtei.. 0<1.1,," O/Ih. vranlte
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U!confld in Ih. OlJiee/or Hecordinv 01 D...i. in 011.1 i~rC{. .'v~,. t. ...,.L.
(~.. ;~ in /J.ed lIook '-/) No. ~ .3
/ 'fA ...
/IOV,,-1 ('..1 Ete,
-Wllnr.. IIIV hon,/ "n,I....1 ,'I Oflire,thu 17 7,?--
do~ 01 (0, (~ Anno /Iomi"i 10 f ()
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Mad. II..
Ninrlrrn hunll'rd and
'17-11'
VI IIav 01
seventy (1970)
1NfCu.L~
'U'UIll';1 IlY'1II
, 1~11*JVIJ~iA
l1lllUleR 1I0NAl.II C. RIMHEIl nn,l lIEItYI,E C. It I Mm:1t, hlo wlfe;-llr II. U. 2,
Hechonlcsburr., County of Cumhrrllln", ollll IHnte lIf I'ennoylvonlo
Ordntnr 8
AND
JACOII II. ml.u:1t IIn" IIHIJ.AlI O. HILI.EIt, hlo wlfr, lIf sllvrr
Sprlng Townnhlp, ClIlInty lIf Cumberlond, nnd Stote of I'ennoyl-
vnnla,
(/lOnlrt 8
-\UllnIUllh, ",0' in rall.idrru/iu" "I ONf: 1II1l1 Noll 00- - - - - - - - -- -- -- -- - - -- - - - -- - ---
_ ________ --- ---- - --- --- -- --- -- - - -- -- - - --- - ----- - - ($1.00) -- --- - 11,,"art,
in IUJUrI,mid. t!lr rrrri,l' tl'!,rfret/ i~ IIrlfl'll nrlnn','lrrlf/rrl, tllf 'flI,I (han/m8 fin
IlrrrlllJ grallt nlld (lHlI'ru 10 tht ~n"" flrnlllrrR t the 1 r 11,.,,. find d'. ,on..
ALL THAT CtJ\TAIN 1'IlACT lIf lond oltunt~ In the Tnwnohlp of Silver
Spring, County of Cumberlond, and State of Penneylvonlo, bounded ond
deot:r1bed 00 follows, to wit:
IIEGINNING at nn Iron pIn on the nllrthenRtern termlnlle of 0 public rood
known oe Gh'llllnle Rand ollll ot the ond lIf On exlstlnl\ dIrt rood joInIng
Glendol0 liaRd os a continuatIon thel"Cnf, thence ocrneo the Bold
termInus South 36 rh'llrees 32 mInute! '15 oecllnde Weet 0 dletonco lIf
Hfty (50) feet to 0 poInt i thonce Nol'lh 53 Ilel\r...'e 27 mlnutee 15
eeconde Weet 0 dlel.nnce of one hllndl'l'" cll\hty-nlne ond Hevenly-el!\ht
hundredtho (l89.78) !het to 0 poInt; tlll'nce NlIrth 56 drgreee 0 mlnules
Weet 0 dlotnnco of elghly-flve nnd eleven hundredthe (85.11) feet to 0
,point; thence South 55 degrees 53 mlnutee 55 eeconde West 0 dlstoncll
of seven hundred thlrtr-rtve and Corty-two hundredths (735.42) feet to
o poInt at land forllll'r y of Nnrman II. Hodobough and ~'lfll ol1d now of th
Grantees! thence by 801d land North R degrees 13 mInutes 35 seconds
West a dlBtsnce of flfty-flvll ond flCly-flve hundredths (55.55) feet
to 0 polntl thence North 55 del\rees 53 mInutes 55 seconde East n
distance 01 seven hundred forty-flve (745) feet to 0 poInt; thence
South 5fl del\reee 0 minutes East a dlstanc\! of one hundred twenty (120)
feet to 0 point; thence South 53 del\r~e8 27 mlnutee 15 seconds Eost a
dletancc of one hundnod nllwty nnd tdllhty-nlnc (190.89) frct to an
Iroll pIll, the ploce of IIEGINIHNG,
CONl'A WING 1.18 ncres.
IIEIIIG 0 portlnn of 1Il<' lond ourvl'Yl'd hy WIIllom II. Whit tack, I'. f:.,
December 12, 1969, IIrnwln!\ No. 1/,.(,9, 1'111' H.
IIIWIG the Sorne p!'Pmlnl'o wIdth ,!otnh II. tlllll'r IIn" Ih'ulllh O. Hllll!l',
hIs wIfe, by Ihelr ""I"I ""1".1 .Il1llllllry 'I, 1'110 1111" 1I'['nnlrd III CUlllbl'r-
1 nlld County IIl'l'" flnllk "U". Vnlllllll' 7", 1'11111' 1l1'I, 1',llIlIl I'll RlIII l'IIIlVI'y""
Ulltu UOllnlcJ C. Illnnncr.
TIllS Is 0 Deed bock to thr Grnnlnre In IIII' 111"',1 I'f'l'nrclt'd In CUlIIherlond
County lIeed lIouk 'If', Volume 2J, l'ng" '109 glvrll wll hnlll clIn81"erlltlull
to correct the errors In the "..ocrl\" IlIlI In Ihe Bnld Ilred. A 111'1'11
containIng the correct deserll'llulI 0 In hI! reclIrdl"llll'n'wllh. Thl'se
curn'ctlvll lIeedo ore eXI'mpt from all olnll' ond 10col n'nlty tronlCI'r
t oxeo .
MUK 1)~:JrALl aot
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Ill. aaid Oronlnr B Will Worronl
Ill1nornl,ly
Ih. ",nptrlll htrtbll tOnl'I'II,d,
in Wjrnw Whmo', Il,e .oid arnn/or B
/II.d oro/s tilt dov olld lI.lIT Ii'" obov. writ/.n.
Ao vo Atr.o.,o 11'1
ho.d B
Sigll.d, Stol.d o.d IJ.liVtrtrl
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a Nol ilry Publ ic the tmJo'IU'u'cI otJir,'r, prraonnllu O/'/Jfllrtd
" ". IION^J.IJ C. IlIHHEll pll,l IJEIlYl.E C IlINHEI1. his wlfc
In"U1f'''''-!'1''fI, (or f,lli'/flctori'VIJroven) to b. "If' JIl~"ilu9 U'AoIfJ 1I111/1r9 nrllub'trllJtllto thr wllllin
,,~jfr,~Jt'rNFlftid orkncfu'frJ".-'d thai they euculrd the ""'II! 1M IIw IJU'IWIn IIltrri" ('o,.tnull'd.
i;~~i~r~~i'i'r~~ss:'~i1/mf.'O~" I hove hertlo orl "'11 hOlld 011.1 1\0tPrl~: I QI ~tnl,~
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.rov of 'J,tP~
sftvsnty five (1975)
, in Ih4J /lIar
.N'i"~tlen hundrtd flnrl
1!\l'h\ll'l'I\
ELIZ1\DETII REIST, Executrix of the Eetete of
Eugene Leroy lIehn, and VIRGINIA M. IIAHN,
Widow of ths late Eugene Leroy lIahn,
GRANTOflS
- AND -
BORGAN C. EUGENE liNIN, Single men,
GRANTEE
;mIlt""., the late Eugene Leroy lIahn of Dauphin, Pennsylvania,
died teetate on June 24, 1971, Lettere Testamentary having been
granted by the Register of wills to Elizabeth Reistl and
WIIEREAS, the sole heirs of said estate are his surviving .pOUI.,
Virginia H. lIahn, and his son Morgan C. Eugene /lahn.
L.
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~1I\l1 lI,h. ;llllltlllllrt ~lIihlteetll" Thai II.. .IIid Ellzabeth Reht,
Executl.-ix of the Estate of Eugene Loroy lIahn, and Virginia H. lIahn,
Widow, of tho Baid Eugeno Leroy lIahn,
10'11'11/111 "","id,,"lioll IIII1Ir III'" 01
Olle ($1.00)
Dollar
lall'{II/III(1/"/I "1/1" /llllt,'d SllIlf" "{.tlll,,I,'o, ""t"
/'Y '''~ ,,,Id Horgan C. Eugene lIahn
hor
11"// II'II/"II/Y tm/d
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,'dl!l!d, h89 trolltrfl, 'Hlra!lI;",',/. .'fll'''. "Ii,-nrf/. rrlrfur" und f'oll/lrmrd, flllf/ hV
II, "" /lrr,,",, I. doeD
lira II I , /III'II11ill, ,,//, IIlirll, "'{f'''I)', If'/"'"' "'"/ "r/Ilf1'1II 11111" ,'', .11'" Morgan C.
Eugene lIahn,
ALL that certain tract of mountain land situate in Silver Spring
Township, Cumberland County, Pennsylvania, bounded and described
as follows, to witl
BEGINNING at stones in the intersecting corner of lands now or
formerly of Samuel Beistlino and Joseph Birdall, being the
northwest corner, thence along lands now or formorly of D.
Beistlins and Joseph Birdall and C. Waggoner, North OS degrees East,
120 perches to stones, thence by lands now or formerly of Joseph
Musser, South 13 degress 30 minutes West, 102 perches to a point'
thence through the Dixon Farm, SoUtll OS degrees West to a point in
the line of land 1I0W or formerly of Samuel Beistline, 100 perches
from the point of beginning, thence North 04 degrees 30 minutes East,
100 perches to stones, the Place of BEGINNING.
CONTAINING 68 acres of land, more or less.
BEING the 8arno premises which the Estate of John w. Eckert by it.
deed dated August 19, 1953, recorded in Deed Book 15, Vol. "L",
Page 46, Cumberland County records, granted and conveyed unto Eugene
L. lIahn. '
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Horqan C. Euqene lIahn,
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hie heire
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,).lIb th, ,,,Id
Leroy lIahn, and
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Elizabeth Reiet, Executrix of the .etat. of Eugene
Virqinia H. lIahn, widow of the said Euqene Leroy Hahn,
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Elhabeth Reist, Exeoutrix as aforesaid, and Virqin1a M. lIahn, have
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tI" 1"ld Grantors
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ESTATE OF EUGENE LEROY IWIN
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PRAECIPE FOR LISTING CASE FOR TRIAL
(MuSI be typewrlllon and submllled In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the lollowlng case:
(Chock one)
for JURY Irlal allho nexl lerm of civil courl.
............................................................................................................................................................................
x
lor lrial wllhout a Jury,
CAPTION OF CASE
(on lire caption musl be stated In lull)
(check one)
"
Assumpsll
Trespass
THE MECHANICSBURG CLUB, INC..
Trespass (Molor Vehicle)
(X) ..LAW-
(olherl
(Plalnlllf)
vs.
MORGAN C. HAHN and
MARY HAHN, his wife
The trial list will be called on 6/11/9 G
--
and
Trlels commence on
7/8/96
(Defandanll
Prelflals will be held on 6/19/96
(Briefs are due 5 days before pretrials,)
(The party IIsllng lhls case for trial shall provide
lorlhwllh a copy of the praecipe 10 all counsel,
pursuanllo local Rule 214,1,)
vs.
No, _2.'nL__ Civil ___ ___ .
19~5
Indicate the a1torney who wllllry case lor the party who Illes lhls praecipe:
P. Richa~d Wa9ne~, Esq.
Indlcale Irlal counsel for olher parties II known: __HQQ!H'!; y--,- I\adebal::h, Eaq..
"
This case 15 ready lor IrlaL
._--_._-_._------~._) ~~,
Signed:, ,../~-'
I /
Print Na~P. Illchard Wa<Jl.1e~ __.____.
~--_.__.__.- -.--.---. _.-- .
5/l0/9G
Date: _ ~~!1~ll'.S!S__.
AlIorney for: PI <l i II ti tt
THE MECHANICSBURG CLUB, INC.,
Plaintiff
v.
MORGAN C. HAHN and
MARY HAHN, his wifE',
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 95-2977 CIVIL TERM
AND NOW,
\ ORDER OF COURT
this ~~1 day of June, 1996, the nonjury trial in the
above matter is SCHEDULED for Friday, October 18, 1996, at 1130
p.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle,
Pennsylvania.
P. Richard Wagner, Esq.
2233 N. Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
Robert G. Radebach, Esq.
107 Locust Street
Harrisburg, PA 17101
Attorney for Defendant
Irc
BY THE COURT,
{.
J Wesley Oler, Jr., J.
- ('l'1l'~' L nll'~'-l,.( 1/, jq("
....3. a'.
-- (VI \$(. \.l.c. AiOfth.)'s' -
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.- NoT l!. 0 t= 'lS r ~ ~~\l '1:S--
- .
THE MECHANICSBURG CLUB, INC.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v, CIVIL ACTION - LAW
IN EQUITY
MORGAN C. HAHN and
MARY HAHN, his wifs,
Defendants NO. 95-2977 CIVIL TERM
IN REI NONJURY TRIAL
Proceedings held betore the Honorable
J. WESLEY OLER, JR" JUdge,
Cumberland county Courthouse, carlisle, Pennsylvania,
on october 1B, 1996, commencing at 1144 p.m.
in Courtroom No.2.
APPEARANCES:
P. RICHARD WAGNER, ESQUIRE
For the Plaintiff
~~~\.
'\)~~
ROBERT G. RADEIlACH, ESQUIRE
For the Defendants
~
I N D E X T 0 W I TN E S S E S
FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS
,-
Frederick Orris 5
Daniel Briner 6
Charles Hinson 9 12 16 19
Robert Hartman, Jr. :.!5 46 53
Harlin Swartz 57 59
REBUTTAL
Robert Hartman, Jr. 119 121
FOR THE DEFENDANTS
DIRECT
CROSS
REDIRECT
RECROSS
Horgan Hahn
Gerald Grove
64
72
76
85
105,115,118 109,115
2
I N D E X TO EXHIBI T S
FOR THE PLAINTIFF MARKED
No. 1 - chain of title for The Mechanicburg 4
Club property
No. 2 - chain of title for the Morgan Hahn 4
property
No. 3 - survey of Mechanicsburg Club property
by Hartman , Associates
No. 4 - deed plot of Morgan Ilahn property by
Hartman , Associates
4
4
No. 5 - plan showing the Mechanicsburg club's 4
northern property line and disputed line
to south by Hartman , Associates
No. 6 - survey plan of tracts of land for
Margaret B. Myers
119
FOR THE DEFENDANTS
No. 1 - farm of Mrs. Mary Jane Dixon
MARKED
19
No. 2 - boundary survey for Morgan tract 68
by Grove Associates Engineers , surveyors
--~'." ","","^"."-~--_..-~--
ADMITTED
63
63
63
63
63
122
ADMITTED
118
118
1 October 18, 1996
2 Courtroom No, 2
3 1:44 p.m.
4 (Whereupon,
5 plaintiff's Exhibits Nos. 1 through 5
6 were marked for identification,)
7 THE COURT: This is the time and place for a
8 nonjury equity trial in the case of the Mechanicsburg Club,
9 Inc. v. Morgan C. Hahn and Mary Hahn, husband and wife, at
10 No. 95-2977 CIVIL TERM. We will let the record indicate
11 that the Plaintiff is represented by P. Richard Wagner,
12 Esquire, and the Defendants are represented by Robert G.
13 Radebach, Esquire.
14 We will let the record indicate further that
15 the Court met in chambers with counsel prior to commencement
16 of the trial, and it was agreed that counsel would furnish
17 requested findings of fact and conclusions of law following
18 the conclusion of the trial, and that a view by the Court of
19 the premises in question would not be necessary in this
20 case. Mr. Wagner, are you prepared to proceed?
21 MR. WAGNER: We're prepared to proceed. I
22 only ask one thing, that the conclusions of law and findings
23 of fact are submitted after we get a copy of the transcript.
24 TilE COURT: That's fine with me.
25 MR. RADEBACIl: That's fine.
4
Q
name, please?
A
Q
A
Q
A
Q
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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24
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Q What is the use of that property
predominently by the Club currently?
A It's a picnic grounds we use for our own
organization. It's a rental for other cumberland county
organizations. We donate it free to nonprofit outfits like
the Boy scouts, Girl scouts, and people like that.
MR. WAGNER: Very good. Thank you.
cross-examine.
MR. RADEBACH: I have no questions.
MR. WAGNER: Thank you, sir. You may step
down.
THE COURT:
MR. WAGNER:
Thank you.
Call Mr. Briner to the stand,
please.
Whereupon,
DANIEL ROBERT BRINER
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR, WAGNER:
Q Would you tell Judge Oler your full name,
please?
A Daniel Robert Briner.
Q Mr. Oriner, where do you live, please?
A 97 Millers Gap Road.
Q That in silver Spring Township?
6
1 A Yes, it is.
2 Q What is your age?
3 A Twenty years old.
4 Q I'm just going to generally show you
5 something that we've marked previously as Exhibit No.5, and
6 I'm going to show it to you quickly here for reference, and
7 we'll later introduce it into the record. For purposes of
8 where you live, there's a survey here that has the name of
9 Robert Briner that appears to be in the northwest par~ of
10 the land in dispute. Is that where you live?
11 A Yes, that is correct.
12 Q HoW long have you lived at that location
13 marked as Robert D. Briner?
14 A At least two years.
15 Q All right. I'm going to direct your
16 attention to a period of time ago. At one point in time
17 directing your attention to the area that would be the
18 northeast portion of what's described as the Club property,
19 and also what we'll later learn is a disputed property -- at
20 one point in time, did you sss someone in that area cutting
21 trees down?
22 A Yes, 1 have.
23 Q Who did you see cutting trees?
24 A I believe It was a fellow that lived right
25 above or right beside us.
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
a This gentleman, Hr. Hahn?
A Yes.
a You actually saw him cutting those trees?
A Yes, I did.
MR. WAGNER: Thank you, sir. I have no
further questions.
MR. RADEBACH: I have no questions.
THE COURT: All right. Has that item
actually been marked?
MR. WAGNER: It has been marked as Exhibit
No.5, Your Honor, and will be introduced later as Exhibit
No.5. We have the cardboard backings, but we have for
introduction purposes the actual sheets that will be easier
to make part of the record.
THE COURT: Ms. Yinger has put her initials
on them?
MR. WAGNER:
TilE COURT:
Yes, she has,
All right. Thank you.
You may
step down.
MR. WAGNER: Thank you, Mr. Briner. You may
step down.
TilE COURT: May this witness be excused?
MR. WAGNER: He may, Your 1I0nor.
MR. RADEBACII: Yes.
TilE COURT: So, Hr. nriner, you can stay or
8
1 leave as you choose,
2 MR, WAGNER: Mr. Hinson, would you take the
3 stand, please?
4 Whereupon,
5 CHARLES IRVIN HINSON
6 having been duly sworn, testified as follows:
7 DIRECT EXAMINATION
8 BY MR. WAGNER:
9 Q Would you tell Judge Oler your name, please?
10 A charles Irvin Hinson.
11 Q How are you employed, sir?
12 A I'm president of Ionni Abstract company.
13 Q HoW long have you been president?
14 A Five years.
15 Q And how long have you been an abstractor?
16 A Eleven years.
17 Q In your profession as an abstractor and
18 president of this company, did 1 ask you to do deed searches
19 on property belonging to the Mechanicsburg Club and also
20 that of Morgan Hahn?
21 A Yes.
22 Q I'm going to show you what I have previously
23 marked as Exhibit No. 1 of the plaintiff and Exhibit No. 2
24 of the Plaintiff, and I will ask, can you identify these as
25 the deeds that you have obtained In each of these two
9
1 tracts?
2 A Yes.
3 Q And did you take those from the Cumberland
4 County Recorder of Deeds office?
5 A Yes.
G Q And do each of those two exhibits reflect, to
7 the best of your knowledge, an accurate bring-down, if you
8 will, of the deeds to both the ClUb property and also the
9 Hahn property?
10 A Yes, they reflect the records as the deeds
11 are in the chain of title.
12 Q How far back did you go?
13 A On the initial Club parcel, I took the chain
14 back as far as the last deed of record that I could find was
15 1874. On the Hahn tract, I took it back until it met the
16 common owner in -- it's deed book H-4-202, I believe. Yeah.
17 THE COURT: I'm sorry. What year was that?
18 THE WITNESS: The common owner deed H-4 -2 02
19 was -- it was dated March 18, 1889.
20 THE COURT: So when you said back to the
21 common owner, are you saying that the club deeded the
22 property to the predecessors of the Hahns or was it a common
23 owner of both?
24 TilE WITNESS: It was a common owner of 235
25 acres, and 120 purchased at that point, and both parcels
10
1 came out of that larger 235 acreage.
2 THE COURT: All right.
3 BY MR. WAGNER:
4 Q Hr. Hinson, in addition to doing the deed
5 search, did you also, if you will, plot the titles to the
6 property?
7 A Yeah, I plotted the deeds -- I plotted, the
8 best that I could, the 235-acre parcel, and then I also
9 plotted the 1906 deed out, which becomes the Hahn tract, and
10 then the 1907 deed, which later becomes the Club parcel.
11 Q And applying the two deeds, are the deeds
12 consistent in the sense of no overlap of property?
13 A Yes, the 1906 and the 1907 deed, when
14 plotted, fit into the 235-aore parcel,
15 Q Without an overlap of property?
16 A No, there's no apparent overlap.
17 Q Now I'm going to show you what we have
18 previously marked as Exhibit No.4, which will be identified
19 later, but I want you to take a look at that, and I want you
20 to reference the deed of Mr. Hahn, if you will, and I'm
21 going to show you what is the northeast boundary line of the
22 Hahn property?
23 A Uh-huh.
24 0 Do you see that?
25 A Uh-huh.
11
~
Q Would you reter to the Hahn deed, please, and
tell me what is the distance of the northeast -- the eastern
boundary of the Hahn propsrty?
^ Well, the distance, whsn converted from
perches into feet, would bs 1683 feet.
Q
1907, along
was it not?
^
Q
A
Q
^
2!i 174 there.
12
1 Q One seventy-four point two?
2 A Yeah.
3 Q The deed, when it comes out of Mary Jane
4 Dixon and goes to Hahn's predecessor, it says a hundred two,
5 does it not?
6 A Correct.
7 Q And the deed for the Mechanicsburg Club along
8 that line gives the remaining distance of that line, does it
9 not?
10 A Yeah, it does. I can't find it here, but
11 when you add it up, togethsr they equal the distance.
12 Q All right. Would that be also the case on
13 the westerly line also, that line being 116.5 perches?
14 A Yeah, the two together, the 1650 in the Hahn
15 deed, and then the 272.25 feet in the deed in 1907 equal the
16 same distance.
17 Q So what we have is the conveyance of the
18 portion of this property in 1906 and then the balance in
19 1907?
20 A Right.
21 Q So we are to understand that the Hahn piece
22 was conveyed first?
23 A Right, it did come out first.
24 Q Were there any conveyances that you found or
25 did you look for any conveyances from 1906 through the
13
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8
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current deed between the property owners back and forth?
A I actually didn't do that much of a eearch.
My search was
Q To establish the chain of title?
A To establish the chain of title back
THE COURT: wait. Let him finish his answer.
Your answer was what?
THE WITNESS: Just to change the title. I
didn't do a complete search on both.
BY MR. RADEBACIl:
Q You found nothing in the chain of title that
would indicate there was any such conveyances, did you?
A No, not in relation to the boundaries in
question, There were some conveyances of the 167-acre
parcel, but they're to the south and west.
Q Were there any surveys at all attached to any
of the deeds that you examined?
A Not in the chain of title themselves. They
made references to them, of course.
Q There weren't any recorded?
A No.
Q The common corner at the easterly line
between Hahn and Mechanicsburg Men's Club, is it identified
as the same corner in the deeds by -- is it identified as a
pile of stone or a tree or an iron pin?
14
1 A Well, in the Hahn -- the present owner of
2 Hahn really just refers to a point.
3 Q okay.
4 A So there is no such reference as a pile of
5 stones,
6 Q Okay. How about in the Mechanicsburg Men's
7 Club deed? Did you look at that? Did you notice -- did you
8 notice that in your examination?
9 A Do you mean the present deed or the --
10 Q Well, let's talk about the present deed
11 first.
12 A Okay. Okay. Let me look at my plotting.
13 There's reference to the iron pin when you go to the 372.25,
14 Then you go to the 231 to a stone pile.
15 Q So there's a stone pile referred in that most
16 current deed?
17 A Right.
18 Q What about back in 1907?
19 A References are to points.
20 Q JUllt to points?
21 A Yeah, it says point division line of hence
22 by the north 85, 100 yeah, it is just referenced to a
23 point.
24 Q The line in question then is north 85 degrees
25 east -- yeah, north 65 degrees east, 100 porches, more or
15
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2
3
4
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less?
A To division line lands.
Q Of whom?
A Joseph Musser and Jacob Simmons.
Q That would be a property owner to the east?
A Yeah, yoah.
Q So it would appear then that these two
properties, the one of the Plaintiff and Defendant, share a
common corner with two properties to the east, is that your
testimony, at least based on the deed?
A Well, based on the wordage of the deed, yeah.
I can't say that they share exact, you know, common corner
with the adjoinder. It would be along a common joined
corner.
Q Well, it talks about a division line, doesn't
it?
A Yeah, yeah, it does.
Q So there would be four properties coming
together there?
A At least three, yeah.
MR. RADEBACH: I have no further questions.
REDIRECT EXAMINATION
BY MR. WAGNER:
Q Just so we're clear, Mr. Hinson, the 1906
deed and the 1907 deed that came out of the same common
16
1 grantor, the grantors then were the Dixons?
2 A Right, Hary Jane.
3 Q And you plotted the 1906 deed, and you
4 plotted the 1907 deed, and there appeared to be sufficient
5 distance, sufficient acreage for each of those two deeds to
6 be consistent with the common tract?
7 A Right, yeah. The distances on what would be
8 the eastern boundary line, which would be the common line
9 between the Ilahn and the Club, when added together, the two
10 distances are within inches --
11 Q So --
12 THE COURT I Wait, wait. Let him finish his
13 answer. Are within what?
14 THE WITNESS I Within inches of being what's
15 in the initial 235-acre tract, and the same way with the
16 western boundary. The two distances of the 1906 and the
17 1907 deeds are consistent and equal.
18 TilE COURT I Okay.
19 BY MR. WAGNERI
20 Q So when you take the 1906 deed and look at
21 the eastern boundary line into the predecessor of Hahn, and
22 look at the 1907 eastern boundary line into the predecesBor
23 to the Club, and you add those two distances together from
24 tho original deeds, you're tolling this Court they add up to
25 be what should be within Inches?
17
1 A Right, what is described in the initial --
2 Q To get that point
3 THE COURT: wait. Let him finish his answer.
4 We're going to have a series of half-answsred questions. Do
5 you want to finish that answer?
6 THE WITNESS: Well, what I was going to say
7 was, the two together, yeah, equal the distance, as
8 indicated in the 235-acre parcel.
9 BY MR. WAGNER:
10 Q And to get to that point, what was the
11 distance of the eastern boundary listed on the initial 1906
12 deed, that is the predecessor to Hr. Hahn from the Dixons?
13 A That was the 1683 feet or -- how many
14 perches? That's what it's actually called, perches, 102
15 perches.
16 Q So what you're telling us is, in order for
17 these two properties to fit together from the common
18 grantor, the eastern boundary of the Hahn predecessor should
19 be 1683 feet long?
20 A As the deed of record indicates, yes,
21 HR. WAGNER: Thank you. I have no further
22 questions.
23 TilE COURT: Hr. Radebach.
24 (Whereupon,
25 Defendants' Exhibit No. 1
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was marked for identification.)
RECROSS EXAMINATION
BY MR. RADEBACH:
Q Mr. Hinson, I'm going to show you a copy of
an old draft, and I know you probably haven't seen it before
now.
A No,
THE COURT: Has that been marked as an
exhibit?
MR. RADEBACH: Yes, it's been marked as
Defendant's Exhibit No.1.
BY MR. RADEBACH:
Q Now that's somewhat similar, is it not, to
the plotting that you made of the property?
A Right,
Q Did you plot the deed that we've been
referring to as the deed into the common grantor in 1889?
A Yeah, it would be the fourth page of your
packet on either one well, on the Hahn pack.
THE COURT: What exhibit is that?
MR. WAGNER: That would be two, Your Honor.
THE COURT: Thank you.
BY MR. RADEBACH:
Q And did that close?
A Not as I could read it, no. But where the
19
,--...
1 closure problem would be created would be on the bottom
2 south of the tract. The top, as it follows out, which would
3 be the north portion, appears to be okay.
4 Q Now the draft that you have in front of you
5 does appear to close, does it not?
6 A Yes.
7 Q And that indicates that it is a survey done
8 in 1906 by A.B. Rupp?
9 A Right.
10 Q You never saw that in anything recorded here
11 at the courthouse?
12 A No, I didn't find it indicated anywhere.
13 Q But it does indicate a common -- a division
14 of the property, and the two parcels appear to be what we're
15 talking about today?
16 A Right.
17 Q And it would predate the deed into the Hahn
18 chain of title?
19
20
21
22
23
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25
A Yes, that's correct.
Q Okay. Now that -- the deeds that we are
looking here at for the Hahn property do not give a
dimension, do they, along that subdivision line7
A Well, the moet recent deed into him -- you
mean the north7 I'm sorry.
Q No, I'm talking about south 857
20
1 A Right, yeah, okay. In the most recent deed
2 it does, yeah.
3 Q What does it say?
4 A It says south 85 west.
5 Q What's the distance?
6 A One hundred perches.
7 Q No, I don't believe it says that. I believe
8 is reads, south 85 degrees to a point west, samuel
9 Beistline, 100 perches from the point of beginning?
10 A Oh, okay. I'm sorry. Yeah, you're right.
11 Q So that southerly line does not have a
12 dimension on it, does it?
13 A I'm not sure I understand what you mean by --
14 do you have a directional?
15 Q It has a direction, but it doesn't have a
16 distance?
17 A Well, one would interpret it, I would, to be
18 100 perches from --
19 Q Where is the point of beginning?
20 A From the last point,
21 Q Where's the point of beginning on the drawing
22 here?
23 A The point of beginning would be down well,
24 the point of beginning on the actual description is up
25 there.
21
1 TilE COURT: Wait. The record is going to be
2 too confused. Are you referring to an exhibit now?
3 MR. RADEBACH: I'm referring to plaintiff's
4 Exhibit No.4.
5 TilE COURT: All right.
6 BY HR, RADEBACH:
7 0 Plaintiff's Exhibit No.4, the point of
8
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14 A Uh-huh.
15 0 Then it comes south 13 degrees, 102 perches?
16 A Correct.
17 0 Then what is the ca ll?
18 A South 85 west to a point.
19 0 To a point. Not so many feet to a point or
20 so many perches to a point?
21 A Okay, yeah, you're right.
22 0 The point is referenced, is it not, 100?
23 A One hundred perches.
24 0 From the point of beginning, correct?
25 A Right. Yeah, that would have been my
beginning is where?
A Up in the left-hand --
0 The northweet corner?
A The northwest corner.
0 Then it comes acrose north 85 degrees, 120
perches?
22
1 interpretation.
2 Q So it was never calculated?
3 A No, that's right.
4 Q But we do know the beginning --
5 A Yeah, we know the beginning point and the
6 ending point of 100 perches.
7 TilE COURT: Wait. I'm sorry, but we can only
8 have one person talking at once so the record will become
9 less confused. Do you want to ask your question again, Mr.
10 Radebach?
11 MR. RADEBACH: I'll be happy to, Your Honor.
12 BY MR. RADEBACHI
13 Q We do know on the common boundary line at
14 least, as we look at the Hahn deed, we know the point of
15 beginning of that line and the point of ending of that line?
16 A Correct.
17 Q But we don't know
18 A You're right.
19 Q -- from looking at that deed what it is?
20 A Right, you're right. It doesn't actually
21 give a distance, so it would have to be calculated
22 otherwise.
23 Q With respect to the deed from Mary Jane Dixon
24 into the lIahn chain of title in 1907, how would that line be
25 defined?
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THE COURT: I'm afraid I'm confused. I
thought somebody earlier had referred to a 1906 deed to
Hahn. Was that incorrect?
HR. RADEBACH: That was correct, Your Honor.
Now I'm asking about the deed for the other chain of title
in 1907 for the Hechanicsburg Club property to see how that
deed defines the line.
THE COURT: So the 1907 deed goes eventually
to the Club?
HR. RADEBACH: Yes.
THE COURT: It's not to the Hahn property?
HR. RADEBACH: That's correct, Your Honor.
THE COURT: All right.
THE WITNESS: It calls north 85 degrees east,
100 perches,
BY HR. RADEBACH:
Q Or less?
A Or less. To a division line.
Q It doesn't talk about a line on that corner
at all, does it?
A No.
Q okay. Now these deed descriptione, as you
have seen them and plotted them, appear to be accurate, do
they not?
A Right.
24
. '".' ._,~. .
1 Q Would they be subject to verification or
2 modification in the field by a surveyor?
3 A I really don't want to say either way.
4 That's not my area of what I do.
5 Q All right. Would it be posDible that a
6 survey might show those to be different?
7 A I suppose that it could.
8 HR. RADEBACH: That's all. Thank you.
9 THE COURT: Hr. Wagner.
10 HR. WAGNER: I have nothing further of Hr.
11 Hinson. Thank you, sir.
12 THE COURT: Hay this witness be excused?
13 HR, WAGNER: He may, Your Honor.
14 HR. RADEBACH: I have no objection.
15 THE COURT: You may stay or leave as you
16 choose. Thank you.
17 HR. WAGNER: Call Mr. Hartman to the stand,
18 please,
19 Whereupon,
20 ROBERT G. HARTMAN, JR.
21 having been duly sworn, testified as follows:
22 DIRECT EXAMINATION
23 BY MR. WAGNER:
24 Q Mr. Hartman, would you be kind enough,
25 please, to tell the court your name?
25
1 A My name is Robert G. Hartman, Jr,
2 Q Your profession, sir?
3 A I'm a professional engineer and a
4 professional land surveyor.
5 Q Doing business under what name, sir?
6 A Hartman' Associates, Incorporated.
7 Q Located where, sir?
8 A 2101 Orchard Road, Camp Hill, Ph,
9 Q And how long have you been in the business,
10 sir?
11 A Forty-two years. I've owned that present
12 company since 1978.
13 MR. WAGNER: I believe, Your Honor, that
14 we're going to mutually stipulate to the credentials of the
15 respective surveyor/engineers for purposes of today.
16 MR. RADEBACIlI That's true.
17 TilE COURT I All right. Thank you.
18 BY MR. WAGNERI
19 Q Mr. Ilartman, did your company engage -- was
20 your company engaged for purposes of doing some survey work
21 as it relates to the Club property and the Hahn property
22 that we've been discussing today?
23 A Yes, sir, we were.
24 Q Let's get the three exhibits identified
25 first, so that we have those of record. I'll show you the
26
1 first one that we've marked as Exhibit No.3?
2 A All right,
3 Q Mr. Hartman, for purposes of today, did you
4 cause yourself and/or members of your firm to prepare
5 several exhibits for purposes of introduction into the
6 record, one being what we've marked as Exhibit No, 3, a
7 survey of the entire Dixon farm?
8 A I did, and it does reflect not the entire
9 Dixon farm but the Mechanicsburg Club grounds.
10 Q All right, And we have marked Exhibit No.3,
11 which is a little easier to introduce into the record. Is
12 this a copy of exactly what is shown on this particular
13 poster board, if you would?
14 A Yes, sir, it is.
15 Q So what is reflected in Exhibit No.3, which
16 has been marked, is better reflected for purposes of today
17 in this larger exhibit, which we'll call the poster board
18 for purposes of identification?
19 A Yes.
20 Q Is that correct, Exhibit No. 3 reflects the
21 survey of the Mechanicsburg Club?
22 A It does.
23 Q Is that correct?
24 A Yes.
25 Q And how did you go about surveying the
27
1 property that is depicted in Exhibit No, 3, that being
2 Hechanicsburg Club?
3 A Well, I was engagsd to do the survey work.
4 Ws had got the dsed for the tracts from some other -- Hr.
5 Hiller, as a matter of fact, and there were some pieces on
6 the west side that were taken out. And with that deed and
7 what we call a traverse survey of the site, where we run
8 close traverse around it and tie down the monuments, we can
9 find such things as stones and pines and iron pins and that
10 stuff, fence posts from that, and using the deed, the
11 combination of those two, determine the perimeter of the
12 survey, and it is reflected on that plan.
13 Q You used some terms that we'd like to
14 identify for the record. I think the first one you used was
15 transverse (phonetic) survey?
16 A Traverse.
17 Q Traverse?
18 A T-r-a-v-e-r-s-e.
19 Q What is that, sir?
20 A That is a survsy that we run il.l ally around
21 the tract so that we can pick up the items that we need to
22 get the boundaries. And from that, we compute the
23 boundaries through a computer system where we locate the
24 property lines as we feel exactly.
25 Q How do you go about performing a traverse
28
1 survey?
2 A What we do is, go into the field, take an
3 EDM, electronic distance measuring device, which is -- with
4 which we used on this survey, and actually run as close to
5 the perimeter line as we can get with that, so we're sure we
6 have a closure on that traverse, so that whatever work we
7 did in the field is correct with that traverse. With that
8 traverse, we pick up the corners, as I indicated.
9 Q You also used the word monument, What do you
10 mean by monument when you use that term?
11 A Monument is a general term. Something that
12 is stone or concrete or something of that nature. That's a
13 general term. But a monumentation on a survey can be
14 anything really on that corner.
15 Q There are two types of monuments, are there
16 not, the natural, the one that appears in the field, and
17 then the artificial, in that somebody put something there
18 such as a cement monument or a metal monument of some
19 nature?
20 A That's correct.
21 Q And when you use the word monument, you're
22 referring then to both those kinds of monuments?
23 A I am.
24 Q Either what's naturally in the field or
25 what's artificially placed there?
29
1 A I am.
2 Q When did you first survey this particular
3 piece of property?
4 A 1978.
5 Q Now I'll show you what's been previously
6 marked as Exhibit No.4, and show you what's marked as
7 Exhibit No.4, and I'll ask you, sir, is that exhibit
8 consistent with the poster board survey that we have marked
9 as Exhibit No. 4 for purposes of identification?
10 A Yes, sir, it is.
11 Q And what does Exhibit No. 4 depict, sir?
12 A Pardon me?
13 Q What does Exhibit No. 4 depict?
14 A Exhibit No. 4 is a plotting, as best as is
15 possible, of Mr. Hahn's deed, who is the property owner
16 immediately north of the Mechanicsburg Club ground.
17 Q All right. Now when you say plotting this
18 deed as best as possible, why did you use the phrase, as
19 best as possible?
20 A Because in actuality, there's a distance
21 missing on the southern boundary line. There are bearings
22 on all four lines, but there is no distance on the southern
23 boundary line.
24 Q So if I look at what we have as Exhibit No.
25 4, the poster board --
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A Yes.
a -- the southern boundary line would be that
line that is closest to the bottom of the board?
A That is correct.
a And you're saying that line that runs east to
west, being the southerly line, has no distance in the dsed?
A It does not.
a What kind of problem, if any, does that
create as it relates to the closure of the deed?
A Well, as a matter of fact, you can't closure.
You can't close it based on the bearings and the distances
because one distance is missing, but you can pull a closure,
in other words, do it mathematically from the bearings that
are given on the drawing. And that is, in fact, what we
have done with this eKhibit.
a When you say closure, what do you mean by
that term?
A Closure means that you start at one point on
this survey by using the meets and bounds. You shOUld be
able to come all the way back to the point that you start
and hit it eKactly. That very rarely ever happens, eKcept
today.
a All right. What do you mean by, eKcept
today?
A I think that we were -- today, and I'm proud
]1
1 to say, I think that we do a very much better job with the
2 distances and bearings than they did before simply because
J we have better equipment. I'm sure we're no smarter.
4 Q Okay. Now in terms of doing the survey of
5 the Hahn property, I want to direct your attention to what
6 would be the eastern boundary of that particular property.
7 It has a distance of 1683 feet on your survey, is that
8 correct?
9 A Yes, sir.
10 Q Where did you get the number 1683 feet for
11 purposes of placing that in the eastern boundary line of
12 Exhibit No. 4 of the Hahn property?
13 A From Mr. Hahn's deed.
14 Q How about in terms of -- let's begin, and
15 we'll take the northern line, which, east to west, northern
16 line shows north 85 degrees, 120 perches at 1980 feet. Does
17 that come from the deed, if we know?
18 A Yes,
19 Q The western boundary line, where did that
20 come from?
21 A Also from the deed, That is a deed plot.
22 Q All right. And the eastern boundary line
23 we've also identified as coming from the deed?
24 A Yes.
25 Q And how about the southern boundary line, how
32
1 did you make that determination?
2 A Well, the southern boundary line, what we did
3 was, come down the distances that each dictates on the east
4 side, and then by using the bearing, make a pull across
5 there to determine that distance. What you see there are
6 two different things. One is the pull according to bearing.
7 The other one is the pull according to the distance on the
8 west side.
9 Q Let's identify. We have two lines at the
10 southern boundary of the Hahn property. One is a solid
11 line, and one is a dotted line?
12 A Yes.
13 Q What does the solid line reflect?
14 A I want to make sure. Can I look at this?
15 Q Sure.
16 A The solid line reflects a bearing of south 85
17 degrees west through the Dixon farm, on call for distance
18 no call for distance, excuse me. Let me repeat that. South
19 85 -- I'm reading it upside down. South 85 degrees west
20 through the Dixon farm, no call for distance.
21 Q So the solid line on Exhibit No.4, southern
22 boundary of the Hahn property, is a solid line that is taken
23 from the beRrings but has no distance?
24 A That's true.
25 Q And what about the dotted line that you have
J3
1 there? What is that?
2 A The dotted line is marked south 84 degrees 00
3 minutes 00 seconds west, 104 perches, which is 1716 feet,
4 and that's a calculated closure, meaning we held the
5 distances on the -- from the top on ths east boundary and on
6 the west boundary, and pulled it closed by mathematics.
7 Q So the dotted line represents a mathematical
8 closure based upon the distance in the deed of the eastern
9 boundary and the western boundary of the Hahn property?
10 A That's correct.
11 THE COURT I Hay I ask a question? What was
12 the point of beginning on Plaintiff's Exhibit 4?
13 TilE WITNESS I Point of beginning was the east
14 corner -- the west corner. Excuse me, Judge.
15 TilE COURT I The southwest corner?
16 THE WITNESSI Yes.
17 TilE COURT I And what led you to that point?
18 Is there a monument there?
19 TilE WITNESS I Yes, there ls, as a matter of
20 fact, there's an iron pin there.
21 'I'IIE COURTl An iron pin?
22 'I'IIE Wl'l'NF:SSl Yes, which we believe is
23 correct.
24 'I'IIE COURTl Okay. Thank you.
25 BY HR. WAGNERl
14
1 Q Why do you believe it's correct?
2 A Huh?
3 Q Why do you believe it's correct?
4 A Because when we did the original survey, the
5 first exhibit, we ran that traverse, We tied down that pin
6 and felt that that was a boundary because it checked with
7 the deed that we had on the Club piece.
8 Q Mr. Hartman, for purposes of today, did you
9 also cause to be prepared a survey that represents what
10 appears to be the area in dispute? We've marked it Exhibit
11 No. 5 on this particular document. Poster board marked is
12 Exhibit No.5, Does this appear to be a survey that you
13 caused to be done depicting the area that's in dispute
14 between the Hahns and the Club?
15 A It does indeed.
16 Q All right. Let me show you the two lines so
17 we have an idea of the area in dispute. We have a solid
18 line that would be in the northern part of the property of
19 the Club. What does that solid line reflect, Mr. Hartman?
20 A That solid line reflects the Hechanicsburg
21 club's northern line along that side.
22 Q And below that solid line, there appears to
23 be a line that has some breaks in it. What does that line
24 that is south of the club represent?
25 A That is what I think that Hr. Ilahn's surveyor
35
A
Q
A
Q
property?
A
Q
A
Q
A
Q
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says, stones found. What do you mean by that?
A That means ~e found a stone in a -- a pile of
stones in that corner that, in our opinion, was the
northeast corner of the Hechanicsburg Club grounds, because
with our close traverse I mentioned and the deed
descriptions that we had, we felt that monument was it. It
was a monument.
Q All right. And using that particular stone
pile -- that was found by you in 1978?
A It was.
Q Did you go back to the property after 1978
for any reasons?
A I went back in 1991 because we surveyed the
DeHartyn piece, which is on the east of the club ground, and
the Briner piece, which was then owned by a gentleman by the
name of Bond, that is on the east side of Hahn's property.
That stone pile is a common corner between Hahn, the Club,
DeHartyn, and Briner, as we believe.
Q And that's shown on Exhibit No. 5 as the
northwest northeast corner --
A Northeast corner.
o -- of the Club property located as stones
found?
^ 'I'hat's right.
o Was that particular pile of stonee there in
37
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1991?
A Yes.
o Did you return after 1991 to that particular
site?
A I did in 1994.
o And what did you find there in 1994?
A The stone pile was gone.
o Do you have any knowledge as to who moved it?
A ~.
o But you, in fact, personally observed it in
1978?
A I did.
o You saw it again in 1991 or 1990?
A I did.
o All right. Aside from yourself, did you have
other people who worked for you at or about this site who
mayor may not have observed the same stones and the same
description that you've seen, the same monument?
A Yes, I have a party chief who did the survey
and has the notes, and he is also here, and he saw -- he
tied down the stones, as a matter of fact, from that
traverse I talked about.
o I want to refer to this stone pile. That
particular corner is what you say is the common corner of
all four properties listed on Exhibit No.5, being DeHartyn,
38
1 Briner, Hahn, and the Club?
2 A That is correot.
3 0 For purposee of your involvement in this
4 geographical area, you've actually surveyed the Club
5 property, is that correct?
6 A That's true.
7 0 Did you survey the DeHartyn property that
8 would be to the -- to the east of the Club property?
9 A Part of it, yes.
10 0 Did you survey the Briner property?
11 A I did.
12 0 How about what's listed as the Hoy property?
13 A No, we did not survey that one.
14 0 Are there any other properties at or around
15 this geographical area in which your company was involved in
16 this survey?
17 A We surveyed the whole top of the mountain, a
18 name of Boyd Hyers, which abuts Hahn on the north.
19 0 That would not be shown on Exhibit No.5?
20 A No.
21 0 That would be property that would be abutting
22 the Hahn property to the north?
23 A Yes.
24 0 And you surveyed that entire property?
25 A I did.
39
1 0 Let me ask you a hypothetical question, sir.
2 This common corner
3 A Yes.
4 0 we've identified as a common corner of
5 four properties?
6 A Yes.
7 0 The DeHartyn property has been subdivided,
8 has it not?
9 A Yes.
10 0 Into how many lots?
11 A That I'm not sure of. I can't answer that.
12 0 All right. Are there properties south that
13 are affected by that common corner?
14 A Well, there are properties that are affected
15 by that beyond DeHartyn, etc. There would be adjustments
16 that have to be made, but it would affect them all, yes.
17 0 Let's hypothetically assume we eliminate this
18 stone pile that's been a common corner by your company,
19 surveying all these properties, and move it?
20 A Yes.
21 0 Approximately how many properties are
22 affected if we move this stone pile, let's say, south of
23 HR. RADEBACH: I'm going to object, Your
24 Honor. I don't know that that's relevant to this
25 proceeding. The contention is between these two property
40
1 owners, and I don't know that has any probative effect to
2 your decision here.
3
4
5
6
7
8
9 one of the contentions that the Court, or one of the
10 artioles of construotion that the Court is going to be faoed
11 with, does a particular determination create what would be
12 considered to be an absurd impractical result, and we
13 believe that in that line of construction, the Court is
14 competent to hear other effects that this has, that if this
15 moved, we could be affecting a considerable number of
16 properties, and I think that is very important in the rules
17 of construction as it relates to the practicality of the
18 determination of a line.
19 THE COURT: I don't think it's important, but
20 I'll permit the testimony for purposes of the record.
21 HR. WAGNER: Thank you.
22 BY HR. WAGNER:
23 Q What impact is that going to havo by moving?
24 A If, in fact, it was done in a way that the
25 properties had to move, it would affect everything on the
HR. WAGNER: I believe it does -- I'm sorry.
HR. RADEBACHI We only have the parties who
are in court today disputing their property boundary line.
I think that's unnecessarily confusing here.
THE COURT: Hr. Wagner.
HR. WAGNER: We believe it's relevant because
41
1 eastern side, and I would say, I don't know exactly, but I
2 would say, there's probably 20 or 25 properties over there.
3 That does not necessarily mean it would affect them all, but
4 that could be.
5 Q All right. You've had the opportunity, I
6 believe, as you indicated, to look at the survey that Hr.
7 Grove had performed on behalf of Hr. Ilahn, is that correct?
8 A Yes, I did, yes.
9 Q And Hr. Radebach was kind enough to present
10 that to you yesterday, was he not?
11 A He did indeed, yes.
12 Q I'm going to show this to you because I'm
13 assuming he's going to put it into evidence for purposes of
14 some questions, and I'm going to direct your attention to
15 what we'll call for now the Grove survey, the northeast
16 corner of the property
17 A Yes.
18 Q -- of the Hahn property?
19 A Yes.
20 Q What is listed in his survey as a monument or
21 as a corner on that property?
22 A A found rock oak.
23 Q Did you, when you surveyed the Hyers
24 property
25
A
Yes.
42
1 Q corne into contact with what would be the
2 northern property line of the Hahn property?
3 A Yes.
4 Q And was there a found oak there or was there
5 some other survey monument that you're aware of that was
6 there?
7 A When we did the Boyd Hyers property on the
8 north top of the mountain north of Hahn, there were stone
9 corners in both ends of that property.
10 Q And did you physically see those stone
11 corners?
12 A I did not physically see them, no, but my
13 people tied them down. Again, another traverse survey, and
14 we have those in the calculations.
15 Q And are you -- you are aware, are you not,
16 that the Hahn property actually refers to stone corners?
17 A Yes.
18 Q survey of Hr. Grove doesn't refer to a stone,
19 it refers to what?
20 A Found rebar stones on one end and found rock
21 oak on the other.
22 Q Do you recall if either of those monuments
23 that you reflected there appear in the Ilahn deed at all?
24 A I don't recall that. I can't say that.
25 Q Can you tell us when the Hyers property was
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surveyed, sir?
A Could I look at the plans?
Q Sure. Which plan do you need?
A I don't remember the day, the date of the
Boyd Hyers plan. You know which one I mean? sorry.
Q I'm going to give you what appears to be the
survey of that property. First of all, is that the survey
of the property done by your company?
A That is.
Q When wae that survey of the Hyers property
done?
A April 18th, 1984.
Q Now the survey that you did for the Club,
Exhibit No.5, I'm going to point to a location that is
marked rebar FND?
A Yes.
Q What does that mean?
A That means found. FND is short for found.
Q What's the significance of rebar found on
that survey?
A Well, what it says is, there is a reenforoing
road, and what we normally use is three quarter inches, that
is -- was when it was surveyed, found on the ground. It was
not put in or installed after the survey, but was there when
the survey was done.
44
1 Q And that particular rebar found was there
2 when the survey was done. Which survey are we referring to?
3
4
5
6
7
8 problem with that, in that it is beside a fence post. There
9 is a call on that fence post on one of those. But that
10 fence post was located from the DeHartyn's land. That pin
11 there did not check.
12 Q Well, let's olear that up now so we
13 understand what that means. You're saying that when the
14 DoHartyn property was surveyed, this rebar was found next to
15 a post?
16 A That's right.
17 Q And when you surveyed the DeHartyn property,
18 what determination, if any, did you make about that post
19 with the rebar next to it?
20 A It's the same determination we made with the
21 Club, in that the deed distances took it up to the stone
22 pile and not to the iron pin. And I think, I don't know,
23 but somebody simply drove that iron pin in beside that post
24 and felt that was a corner. It was not.
25 Q Was that rsbar next to that post inconsistent
A The survey of the Club, it was there, t~.
Q In 1978?
A Yes.
Q What is the significance of that rebar?
A Well, in my opinion, none. And we had a
45
1 with the distances as called for in the Club property?
2 A And the DeHartyn property both, yes.
3 Q So what you found as a fence post of the
4 rebar--
5 A Yes.
6 Q -- is inconsistent with the distances called
7 for in both the Club property and the DeHartyn property?
8 A That's correct.
9 Q You've seen three, four, and five. Are they
10 accurate depictions of what your company surveyed for
11 purposes of today's hearing?
12 A Yes.
13 Q And they were performed by you and/or someone
14 working for you?
15 A Under my auspices, yes, that's true.
16 Q You certified them?
17 A I do indeed.
18 HR. WAGNER: Cross-examine.
19 CROSS EXAMINATION
20 BY HR. RADEBACIl:
21 Q I'd like to go back in your testimony to when
22 we were looking at the plot of the Ilahn property?
23 A Yes, sir.
24 TilE COURT: What exhibit is that?
25 HR. RADEBACIl: That is Exhibit No.4, Your
46
1 Honor.
2 THE COURT: All right.
3 BY HR. RADEBACH:
4 Q I want to clarify one thing. The jUdge asked
5 you at that time where the point of beginning was, and I
6 believe you said the southwest corner was the point of
7 beginning?
8 A I did say that, and it is my opinion it is.
9 Can I check that?
10 Q Yes, that's fine. I don't have a problem
11 with that because --
12 A I think it is.
13 Q Because
14 A I don't have the deed here in front of me,
15 but I think it is.
16 Q I'm going to give you Exhibit 2.
17 A All right. I'm sorry. I'm wrong. It's the
18 northwest corner.
19 Q Thank you. Now you have recollection of --
20 TilE COURT: Hay I then ask my question again?
21 Is there a monument at the northwest corner?
22 TilE WITNESS: Yes, there is.
23 THE COURT: What is that monument?
24 THE WITNESS: That, according to that survey,
25 is an iron pin found in stones. When we surveyed the Boyd
47
1 Hyers property, we found a stone pile as well.
2 THE COURT: All right. Hr. Radebach.
3 BY HR. RADEBACH:
4 Q stones. Did you find an iron pin at that
5 corner, sir?
6 A I didn't then. We had it marked as a stone
7 pile.
8 Q Okay. Now are you familiar with the chain of
9 title for the Hechanicsburg Club's deed?
10 A I am not. We do search titles, but I am
11 familiar with the deeds previous to it.
12 Q I'm going to suggest to you in Exhibit 1 that
13 none of the deeds has a monument or pile of stones at the
14 corner between Hahn and the Hechanicsburg Hen's Club, except
15 for your survey?
16 A I would agree with that, sir.
17 Q How would you explain that?
18 A I would explain it that probably the stone
19 pile was built after the survey was done not referencing
20 that or they simply didn't reference it that way at all,
21 which happene sometimes.
22 Q Okay. Now did you survey the whole line from
23 the top of the mountain that has the bearing south 13
24 degrees 30 minutes west? Did you survey that line?
25 A On the Ilahn property?
48
1 Q From the -- from where Hahn's property
2 begins, all the way down to where that line changes
3 dimension?
4 A No, sir, we did not.
5 Q So you can't tell us, can you, what the total
6 leqalth of that line surveys in the field?
7 A No, I cannot.
8 THE COURT: There's been a reference to a
9 mountain. For purposes of the record and any appellate
10 court, what mountain are we talking about?
11 HR. RADEBACH: I'm sorry, Your Honor.
12 BY HR. RADEBACH:
13 Q For the Court's identification, Hr. Hartman,
14 what is at the northerly extremity of the Hahn property?
15 A You mean monumentation?
16 Q Well, no. Is it flat land? Is it mountain
17 land?
18 A It's mountain, and that's close to the top.
19 It's kind of on the side. It's not at the top exactly.
20 Q But that would be what we call Blue Hountain?
21 A Yes.
22 Q East of sterretts Gap?
23 A East of sterretts Gap, yes, sir.
24 Q A little bit east of Hillers Gap?
25 A Yes, that would be correct.
49
Q There is a highway that goes over the
mountain there called Hillers Gap Road?
A There is indeed.
Q okay. Now the location of the DeHartyn
property to the east
1
2
3
4
5
6 A Yes.
7 Q -- has that property always had that same
8 location or has that location changed in the past 20 years?
9 A I'm sorry. I don't understand that.
10 Q Okay. The location of the DeHartyn property
11 to the east
12 A Well, I'm not sure when DeHartyn bought it.
13 Q Okay. All right. So far as your survey work
14 goes, that property has always been located there, is that
15 correct?
16 A As far as I know, yes.
17 Q Okay. There's never been any different
18 location for that property?
19 A That property was always there. It may not
20 have been DeHartyn's, but it certainly was there, yes. Yes,
21 sir.
22 Q And are we to conclude from the
23 investigations, which your firm has conducted, that the
24 property in question, that being Hahn and the Hechanicsburg
25 Hen's Club, at that corner that's in diepute hae been a
50
1 common corner to four different properties?
2 A Yes, sir, I do believe that.
3 Q That's always been the way it has been since
4 1976 anyway?
5 A As far as I know, yes.
6 Q Bocause the deeds in both change of title
7 refer to the division lines of property to the east?
8 A Truthfully, I did not look at the deeds on
9 the DeHartyn piece or, for many years, the Briner piece. I
10 assume those deeds are, because I know we have reflected
11 that as the corner in everything we've done there, but I
12 can't vouch for the deed.
13 Q Okay. You would agree, sir, that the first
14 property that was conveyed by Hary Jane Dixon was the Hahn
15 property?
16 A Was what?
17 Q The Hahn property. Hahn's came out of the
18 larger tract first?
19 A I'm not sure of that truthfully because I
20 didn't look at the deeds, but what I am sure of ie that it
21 fit the deeds -- the deeds fit the property that A.B. Rupp
22 surveyed.
23 Q Okay. Now the corner that is contended for
24 by Hr. Ilahn, the pin found by the post --
25 ^ Yes.
f
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Q -- that was there in 1978, so far as you
know?
A Yes, I know it was.
Q Okay.
A The posts were there. I'm not totally sure
the pin was there, but the post was. We found it.
Q For purposes of our understanding the issues
between the parties, this is wood land, is it not?
A It is.
Q Are there any fences along this boundary
line?
A Any fences along the boundary between Hahn
and the Club?
Q Yes, sir.
A Yes, sir, there are two.
Q And how old are they?
A One, I would say from a look of the wire, is
probably six or eight months, maybe a little more than that.
The other one is an old fence that was strung on trees some
years ago. I don't know when.
Q But not anything approaching 21 years?
A Which?
Q The second one?
A The second fence, I would say, has been up
there more than 21 years.
52
1
2
Q
A
Okay. Where is that on your drawing?
I'll be glad to show you, if you give me my
3 exhibit.
4 Q Is that it?
5 A You can see where we show some old wire that
6 goes along the trees in the middle of that exhibit, and you
7 can see it's an erratic line, not unusual, because farmers
8 in those days simply strung the wire between the trees that
9 were most convenient. That's exactly where we plotted it.
10 certainly not a boundary.
11 Q Okay.
12 THE COURT: For the record, what exhibit is
13 that?
14 HR. RADEBACH: This is Exhibit No.5, Your
15 Honor.
16 THE COURT: Thank you.
17 BY HR. RADEBACH:
18 Q There is no evidence of closure?
19 A No, sir, not in my opinion.
20 Q Thank you.
21 HR. RADEBACII: I have no further questions.
22 HR. WAGNER: I have just a couple.
23 REDIRECT EXAHINATION
24 BY HR. WAGNER:
25 Q Hr. Hartman, you made reference, in answer to
53
1 a question, that the property fits according to a survey of
2 A.B. Rupp if, in fact, he surveyed the property?
3 A Well, we -- we kindly said that maybe.
4 You're asking me why I put it that way?
5 Q No. There's a survey that was apparently
6 done by Hr. Rupp in 1906, right?
7 A Apparently.
8 Q Right. We can't tell from the face of the
9 document whether, in fact, that was a surveyor a plot that
10 was drawn from deeds or whatever?
11 A No, and as a matter of fact -- I mean, I know
12 who this gentleman is. We can't run a closure on that
13 because we can't read it.
14 Q All right.
15 A We cannot start at one end and corne around
16 because we can't read the plan.
17 Q I understand. But to the extent that you
18 attempted to read the A.B. RUpp plan of 1906 --
19 A Yes.
20 Q -- your attempt to read it showed that the
21 two plots of ground fit into this attempted survey?
22 A There's no doubt about it.
23 Q And in attempting to fit the two plots of
24 ground into this 1906 document of Hr. Rupp --
25 A Yep.
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Q -- utilizing Exhibit No.4, would the eastern
boundary of Hr. Hahn's property been 1683 feet?
A No.
Q What would it be?
A I hesitate to answer that exactly, but it
seems to me it was 1662. It was less. I think 49 feet
less. Is that correct? Somewhere in there.
Q Your recollection of looking at Hr. RUpp's
attempted survey that you said seemed to fit --
A Yes.
Q -- made Hr. Hahn's line only 1640 some feet?
A Yes.
Q You have it at 1683, is that correct?
A I am confused on that. I wish you'd let me
refer to something else, if I could.
Q Please do. What would you like to refer to?
A This is the call on Hahn'e deed. This is
Rupp's plan. Hay I refer to this?
Q Yes.
A And you are asking me --
Q I'll get that. You indicated to the Court
that in attempting to use what Hr. Rupp did --
A Yes.
Q that the two deeds fit within what he
attempted to do?
55
1 A They do.
2 Q And what did he have as the eastern boundary
3 line on what he did?
4 A I think it was 1683 feet or 102 perches.
5 Q That was my next series of questions. What
6 Hr. RUpp did apparently in 1906 is consistent with your
7 number in plaintiff's Exhibit No.4, 1683 feet being eastern
8 boundary distance of the Hahn property?
9 A Yes.
10 Q Now the initial deeds don't talk in terms of
11 feet, do they, they talk in terms of perches?
12 A They did.
13 Q How long is a perch?
14 A sixteen and a half feet.
15 Q So when we look at a deed that calls for a
16 number of perches, we multiply that by 16 and a half to
17 arrive at the number of feet?
18 A That's right.
19 Q And so in looking at the Hahn eastern
20 boundary, you multiplied the number of perches in the deed
21 out of the Dixon's by 16.5, and that's how we arrived at
22 1683, is that correct?
23 A That's correct.
24 HR. WAGNER: cross-examine -- recross.
25 HR. RADEBACH: I have no questions.
56
1 THE COURT: Hr. Hartman, thank you very much
2 for your testimony. You may step down.
3 HR. WAGNER: I have no further testimony of
4 Hr. Hartman. Thank you.
5 THE COURT: Hay this witness be excused?
6 HR. WAGNER: Yes.
7 THE COURT: And, Hr. Radebach, do you have
8 any objection to --
9 HR. RADEBACH: No, none at all, Your Honor.
10 THE COURT: the witness being excused?
11 sir, you're excused. Thank you, sir.
12 THE WITNESS: Thank you, Your Honor.
13 HR. WAGNER: Harlin.
14 Whereupon,
15 HARLIN L. SWARTZ
16 having been duly sworn, testified as follows:
17 DIRECT EXAMINATION
18 BY HR. WAGNER:
19
20
21
22
23
24
25
Q Would you tell the judge your full name,
please?
A Harlin L. Swartz.
Q Where do you work, Harlin?
A Robert G. Hartman & Associates.
Q How long have you worked for Robert G.
Hartman & Associates?
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2
3
A
Q
A
since 1956.
What do you do for him for the company?
At the present time, in 1978, I was a party
4 chief.
5 Q What is a party chief?
6 A You might say he's a boss over his men who go
7 out and do the survey work.
8 Q Did you, in fact, go out and do the survey
9 work in 1978 for property referred to as the Hechanicsburg
10 Club?
11 A I did.
12 Q And did you bring your field notes with you
13 today to refresh your recollection?
14 A I have them right here.
15 Q All right. I'm going to direct your
16 attention, sir, to Plaintiff's Exhibit No.5. It would be
17 the northeast corner of the property of the Hechanicsburg
18 Club being the solid line, the northern most line appears to
19 be a designation, stones found, in survey. Did you, in
20 fact, find that pile of stones in 1978?
21 A Yee, I did.
22 Q And did you determine that, in your mind, it
23 would be some type of monument as it relates to the corner
24 of a property?
25 A Yes.
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Q Why did you or how did you come to that
determination?
A Well, there wae indications of wire on trees
and things like that, and then the stone pile was -- I mean,
it was a stone really, and it wae at the corners. But a lot
of times when you're in the field, you can indicate your
property lines.
Q Ie that a common occurrence when doing
surveying, that you see predecessor surveyors using stones
and other designations to mark linee?
A Right.
Q Did you find that stone pile in 1978 to be,
in your opinion, a corner line?
A Yes, I did.
HR. WAGNER: crose-examine.
CROSS EXAMINATION
BY HR. RADEBACH:
Q Corner line of what property, sir?
A Well, it seemed like there was like two or
three properties carne together at that point.
Q okay. I'm going to direct your attention
again to Plaintiff'a Exhibit No.5. You indicated in your
testimony just now that there was indication of wires in
trees?
A Yes, I had -- I have two 24-inch trees that I
59
.." .
1 tied down and had wiring, too, in that area.
2 Q Around this tree somewhere?
3 A They're close they were on the main line
4 corning up. That would be on your northern line straight up.
5 You see the two trees right there? Hay I?
6 THE COURT: Sure.
7 BY HR. RADEBACH:
8 Q Are you talking about along the Club?
9 A This tree here, they had wire in them.
10 Q That would show the east, west --
11 A Right.
12 Q -- division?
13 A Right.
14 THE COURT: Excuse me. We have a record that
15 shows this and that.
16 HR. WAGNER: I'll accept Hr. Radebach' s
17 designation.
18 HR. RADEBACH: Along the easterly line on the
19 plan itself is about an inch and a half south, and then
20 about six or eight or ten inches south, there are three
21 different trees with wire found. That's the indication.
22 HR. WAGNER: Thank you.
23 BY HR. RADEBACH:
24 Q Now, sir, on Exhibit 5, there's a rebar found
25 marked on this current plan, which was done in 1996, I
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guess. In 1978, was the rebar and post found? Do your
notes reflect that?
A Hy notes reflect -- my notes reflect no more
than a post was found.
Q Okay. Did you do -- did you measure the
entire -- well, let's start over. In 1978, there was no
question or no indication that there was a dispute between
the property owners, was there, sir?
A No, sir.
Q Did you or did you not measure the entire
line along Hahn's east eide from the top of the -- from the
northeast corner all the way down?
A I measured the line clear to this property
over here.
From the south to the north?
The south to the north.
But you didn't beyond that line?
I didn't go beyond, no, because that's not
Q
A
Q
A
our property.
Q There was at that time no need?
A No.
Q Or no request to verify that?
A No, sir.
Q In 1978, at the corner that you called the
northeast corner of the club property, where it says, stake
61
1 in stones, was there anything more than a pile of stones
2 there?
3 A There was nothing more than stones in 1978
4 when I was there.
5 Q okay. And -- along the north line of the
6 Hechanicsburg Club property, did you find any indications of
7 boundary markers at all along that line?
8 A No, nothing more than the wire there.
9 Q How about at the southwest corner of the
10 Hahn -- the northwest corner of the Club?
11 A I don't know about that one. I don't
12 remember that one, sir.
13 Q okay. You indicate that presently it's
14 identified as having stones at that?
15 A Yes.
16 Q That would indicate to you, would it not,
17 that there were stones there when you found that?
18 A Yes.
19 MR. RADEBACH: I have no further questions.
20 MR. WAGNERI I have no redirect.
21 THE COUll1'1 You may step down. Thank you.
22 Hay this witness be excused?
23 HR. WAGNERI Yes, Your Honor.
24 HR. HADEBACH: No objection.
25 TilE COUHTI All right. So you may stay or
6;1
1 leave as you choose. Thank you.
2 HR. WAGNERI If it please the court, I move
3 the admission of Plaintiff's Exhibits 1 through 5.
4 HR. RADEBACH: I have no objection.
5 THE COURT: All right. plaintiff's Exhibits
6 1 through 5 are admitted.
7 (Whereupon,
8 Plaintiff's Exhibits Nos. 1 through 5
9 were admitted into evidence.)
10 HR. WAGNERI At this time, the Plaintiff has
11 no further testimony, Your Honor.
12 THE COURT: All right. I think there was a
13 fence involved in this. Is there a record made as to
14 exactly where this fence is that we're talking about?
15 HR. WAGNER: Which fence, Your Honor?
16 THE COURT: Wasn't there supposed to be an
17 encroaching fence or wall?
18 HR. WAGNER: That would be a fence that's
19 built in here along this line.
20 HR. RADEBACH: It's shown on Exhibit 5.
21 THE COURT: Is that in evidence, that's the
22 fence we're talking about?
23 HR. WAGNER: I believe.
24 HR. RADEBACII: I believe.
25 TilE COURT: All right.
63
1 HR. WAGNER: Just to be clear, there's the
2 broken line, which is the fire fence that was referred to,
3 and then this line below that is the fence that was
4 constructed.
5 THE COURT: All right. That's what Hr.
6 Hartman referred to as his understanding of the other
7 surveyor's line?
8 HR. WAGNER: Yes.
9 THE COURT: All right.
10 HR. RADEBACB: We're ready to call Horgan
11 Hahn, please.
12 THE COURT I I'll tell you what. Why don't we
13 take a five minute recess, and then we'll resume.
14 HR. RADEBACH: Very well. Thank you.
15 (Whereupon, a recess was taken at 2:56 p.m.
16 and proceedings reconvened at 3:10 p.m.)
17 THE COURT: Hr. Radebach.
18 HR. RADEBACH: Very well. I call Horgan
19 Hahn, please.
20 Whereupon,
21 HORGAN C. EUGENE HAHN
22 having been duly sworn, testified as followSI
23 DIRECT EXAMINATION
24 BY HR. RADEBACH:
25 Q Would you state your full name, please?
64
A
Q
property?
A
1970.
Q
A
Q
property?
A
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Q How long was the mill there?
A The mill was there in -- up to 19 -- I think
it was somewhere around 1975. We had to sell it with the
timber.
Q And do you live on this property?
A Yes, I do.
Q How long have you lived there?
A I lived there since 1989 or '90.
Q You built a home?
A Yes, my wife and I built the home ourself.
Q Okay. Now what did you understand was the
southeast corner of your property?
A There was an old hickory post there that's
been there for years, and it was a fence that carne in
across, and it wae just a corner. That's where it stopped.
Q Can you tell us if the southerly line of the
property was marked in any way?
A There is trees running out across there that
are blazed. They're clearly marked. They're huge trees.
Q Did you mark them?
A No, I didn't. They've been there for a long
time.
Q You never renewed the marks or maintained
them?
A I had put paint on the marks, and I had no
66
1 trespassing signs out across the boundary line.
2 Q Are those signs still up?
3 A Yes, the signs are still up.
4 Q That would be along what you contend to be
5 the southerly property line?
6 A Yes.
7 Q Can you tell us for general information
8 today, sir, if the westerly line of the property is defined
9 in any way?
10 A Yes, on the western side, there's a clear
11 fence running from the south clear to the north.
12 Q What kind of a fence?
13 A Some of it is barbed wire, and some of it is
14 blonde.
15 Q But it's clearly evident in the field?
16 A Yes, there's posts every eight feet.
17 Q You've been to this property on a regular
18 basis since when?
19 A Since my dad passed away. I paid the taxes
20 on it like 1970, and I cut firewood to pay the taxes.
21 Q When did you first learn that there was some
22 question about the location of the southeast corner?
23 A Approximately about 1990 or '91. They
24 attempted to shut my road off going to my house.
25 Q A property owner to the east?
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1 A They're property owners to the east, yes.
2 Q Now at some point along the way, then you had
3 the property surveyed?
4 A For myself, no.
5 Q Yes?
6 A Yes, I had got it surveyed after I found out
7 there was a problem.
8 Q Okay.
9 (Whereupon,
10 Defendants' Exhibit No.2
11 was marked for identifioation.)
12 BY HR. RADEBACH:
13 Q I'm going to show you what has been marked as
14 Defendants' Exhibit No.2. I'm going to ask you if you
15 recognize that?
16 A Yes, I do.
17 Q Is that the survey that you spoke about?
18 A Yes.
19 Q And would you show -- would you point to
20 where this sawmill that you testified to has been -- is
21 located?
22 A okay. The road corning in through is here,
23 and the sawmill was right in this area right here.
24 Q That's the southeast corner of the property?
25 A Yes, yes.
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Q Would the sawmill have been within the shaded
area, which is identified as an encroachment area?
A Yes, the sawdust would corne up to this line
right here.
Q Is that the southerly line?
A Yes.
Q Is there evidence of that present?
A There's a clear area right in there.
Q sawdust pile is gone?
A Yes, the sawdust pile is gone.
Q Now this oak or hickory post at the southeast
corner, was there anything else there? Was there ever a --
an iron marker or reenforcing marker?
A Somewhere around 1973, the Hen's Club
property was surveyed, and there was -- somebody had put a
pin in there.
Q Is that at the location that you maintain the
corner or
A Yes, that's where the hickory post is.
Q Not where the pile of stones are?
A No.
Q Hr. Ilahn, you lived at this property. Is
that pile of stones that waF testified to this afternoon in
existence today?
A Ves, the pile of stone Is right there by a
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walnut tree.
Q Okay. That's why the Club claims the
northeast corner, is that correct?
A Yes, sir.
Q You never removed that or knew that it was
removed?
A No, it was never removed. It's still there.
Q What does that pile of stones have
significance in the that you know of to the property?
A Pardon?
Q Does that -- what does that corner mark, that
pile of stones mark? Does that mark somebody's property
boundary?
A Not that I know of.
Q And you would admit, sir, that you did begin
to construct a fence along what you maintain is your
property line?
A Yes, sir, and it's clearly marked out through
with blazes.
Q I'm going to show you what has already been
marked as Defendants' Exhibit No.1. It's an old drawing
you provided to my office sometime ago. Where did you get
that?
A Hy father had gave me this when he was still
alive.
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Q Do you know where he obtained it from?
A He got it when he bought the property.
Q okay. Just for a little bit of
clarification, that plan indicates that there is a road that
comes in from the west to access this property across what
would now be the Hechanicsburg Club's land. You don't use
that road that was reserved previously, do you?
A I cut some firewood along it, yes, but you
can't drive on it.
Q You can't drive on it. Is that road there?
A It's like a logging trail or whatever, yes.
Q And does that demarc the south extremity of
your property?
A
Q
Yes, it does.
Is it on your property or on the Club's
property?
A It's on my property.
Q So there's a road right along there, isn't
there?
A Right. We had logged it in 1970, somewhere
in there, and it's been usod ever since my dad had it.
Q Okay. If we were to go into the field, would
we see that road?
A Yes, sir, it's clearly marked.
Q And is that consistent with your claim of
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1 ownership?
2
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Yes.
3
Q
When you testified earlier here this
4 afternoon about there being something in 1990, was that in
5 connection with a relocation of a property line?
6
A
Yes, they attempted to change my corner.
7
Q
A
Who did?
8
Hechanicsburg's Hen Club.
Hoving it to the south or to the north?
9
Q
10
A
To the north, yes.
11
Q
Prior to that time, was there ever an issue
12 about where you thought your corner was?
13
A
There was never any doubt before that.
And it was refuted to be as you maintain it?
Yes, sir.
14
Q
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A
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HR. RADEBACIl: I have no further questions
17 for this witness.
18
TilE COURT: Hr. Wagner.
HR. WAGNER: Thank you.
19
20 CROSS EXAHINATION
21 BY HR. WAGNER:
22
Q
Hr. Ilahn, in 1990, what did the Club do that
23 they attempted to change the corner of the boundary line?
24
A They had sent me a notice. The sheriff came
up there one night about 9:00 and give me a summons or
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whatever for trespassing on their property. And I had
nothing -- I knew nothing of me being on the property.
Q Hight you be referring to the complaint that
initiated this process that was filed in 1995?
A The only thing I know is that the sheriff
came up there in the evening about 9:00.
Q All right. And that was to serve the
complaint that began this process, was it not?
A Not that I know of.
Q Well, what were you served with in 1990 from
the Hechanicsburg club that the sheriff gave you?
A For trespassing.
Q Hr. Hahn, let me aek you some questions, if I
could, about the issue concerning the sawmill. You've
indicated to this Court that your father had a sawmill on
this property at one point in time?
A Yes, sir.
Q Do you know when he discontinued the use of
the sawmill?
A
Q
No, I don't.
You told us he passed away, I believe, in
1970?
A 1970, yes, sir.
Q All right. Did you operate the sawmill after
your father's passage in 1970?
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1 A No, sir, I was quite young at the time.
2 Q How old are you, sir?
3 A I am 41 today, sir.
4 Q Today?
5 A Yes, sir.
6 Q You would have then obviously been about 15
7 when your father passed away?
8 A Yes, sir.
9 Q From the time that your father passed away in
10 1970, up until the time you built your home -- first of all,
11 when did you build tho home there?
12 A I started it in like 1988, ' 89, somewhere
13 like that.
14 Q During that approximate 18 or 19 year period
15 of time, from your father's passage until you began to
16 construct your home, how frequently -- how frequently did
17 you visit this property?
18 A Several times a year. I cut firewood on it
19 every year to pay the taxes.
20 Q When you say, several times a year, could you
21 just give me an approximate number of times?
22 A I'd say from August to November, December
23 pretty regularly, four or five times a week.
24 Q Actual permanent residence began somewhere
25 around 1988, 1989?
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1 A Yes, sir.
2 Q Now just so we're clear, to get access to
3 your property, there is a road that travels basically from
4 east to west across several properties to get to your
5 property, is that correct?
6 A Yes, sir.
7 Q And that is a stone dirt road that travels
B aoross several properties to get to yours, is that correct?
9 A Yes, that's a road that I filled.
10 Q Now does that road go over or through
11 property of the Briner's?
12 A Now since they changed the survey, yes, sir.
13 Q And you've heard some testimony about some
14 trees being cut in the last year or so in or around property
15 that the Club claims that's theirs. Were you the person
16 that did the cutting of those trees?
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23 traverses the property line that you claim is yours, is that
24 a fence that you built?
25 A Hy workers have built, yes.
A You say the last year or so?
Q Yes.
A I hadn't cut in that area the last year, no.
Q How about in the last two years?
A Haybe the last three or four years.
Q The fence that we're referring to that
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1 Q When you say, your workers, what do you mean?
2 A Friends of mine.
3 Q What is the -- what kind of fence is that?
4 A It's a barbed wire fence.
5 Q And is it basically straight across what you
6 believe to be the southern portion of your property?
7 A Yes, it's right along all the blazed trees.
8 Q All right. Now there is a second fence there
9 that predates the building of the fence that your workers
10 put in, is there not?
11 A There is.
12 Q An old barbed wire fence?
13 A Yes, sir.
14 Q And do you have any knowledge as to who put
15 that old barbed wire fence in?
16 A No, I don't.
17 HR. WAGNER: I have no further quest ions.
18 Thank you, sir.
19 HR. RADEBACH: I have no redirect.
20 'l'HE COURT: You may stipulate down. Thank
21 you.
22 HR. RADEBACH: Call Hr. Grove, please.
23 Whereupon,
24 GERALD R. GROVE
25 having been duly sworn, testified as follows:
76
1 DIRECT EXAMINATION
2 BY HR. RADEBACH:
3 Q state your full name, please.
4 A Where is the button?
5 THE COURT: I think that's on, if you just
6 speak into it.
7 THE WITNESS: It is on, okay. I thought it
Q
A
Q
A
Q
surveyor?
A
Q
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1 Q You then would agree that there is some
2 question or dispute as to the location of a common boundary
3 line between Hahn and the Hechanicsburg Hen's Club?
4 A Yes.
5 Q In front of you is a survey plan, which, I
6 believe, you folks prepared for Hr. Hahn?
7 A Yes.
B Q And is that an accurate representation of the
9 property boundary line as you found it to be?
10 A Yes.
11 THE COURT: For the record, is this
12 Defendants' Exhibit 2?
13 HR. RADEBACII: It is, Your Honor. I beg your
14 pardon.
15 TilE COURTl Thank you.
16 BY HR. RADEBACII:
17 Q Hr. Grove?
18 A Yes.
19 Q That survey indicates that there is a
20 varyance between your survey and that of Hr. Hartman?
21 A Yes.
22 Q Can you eKplain how you carne to locate the
23 corner where you located It?
24 A Well, when we -- basically, let's put it this
25 way. Generally speaking, we agreed with the boundaries,
.,Il
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there could be a problem. So we went a little further.
Q What did you do?
A To the east, we surveyed a five-acre tract,
plus or minus, which has -- which DeHartyn io on the south.
I think it was shellhammer, formally Shellhammer on the
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6 north or Briner now. On the other side, the Hechanicsburg
7 Club. It's a four-corner, which incidentally is the same
8 four-corner that Hartman also indicates. So we went further
9 to the east and surveyed a five-acre tract and came up with
10 the northern line of the DeHartyn's tract to coincide with
11 the iron pin at the poet.
12 Q okay.
13 A And incidentally, that also was surveyed by
14 Raffensberger back, I think, in 19BO with a subdivision plan
15 prepared, and he indicates the same location as the northern
16 line of the DeHartyn tract.
17 Q okay.
18 A So we had to go the extra work to confirm
19 either one of those two corners.
20 Q Now along the southerly portion of the Hahn
21 traot, as you go west, Hr. Hahn indicates that the trees
22 that he -- that he has seen trees that are blazed. Did you
23 find evidence of those trees being marked?
24 A I really couldn't answer that. Our field
25 survey crew probably picked up some evidence. I don't have
00
1 that information available.
2 Q All right. The distance that you measure
3 along the Hahn property, the easterly line appears to be
4 longer than what the deed describes. Can you explain that
5 inconsistency?
6 A Well, we surveyed the entire eastern line
7 from the top corner on through down to the next corner on
8 the Hechanicsburg side. And that would be -- I have the old
9 plan here. I guess that would be -- yeah, down to -- well,
10 I don't know how to describe here. It looks like it's along
11 the Joseph -- old Joseph Husser line and possibly some of
12 simmons, down.
13 THE COURT: Are you referring to Defendants'
14 Exhibit 1?
15 HR. RADEBACH: Yes.
16 THE WITNESS: Is this Exhibit 1? Yeah. In
17 other words, it's basically Hahn's, and this is
18 Hechanicsburg's. We surveyed this line the whole way
19 through.
20 BY HR. RADEBACH:
21 Q That line that has the bearing south 13
22 degrees 30 minutes west, 174.2 perches?
23 A Yeah.
24 Q Is that the line you identified?
25 A Yeah. The reason we did that is because you
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have to establish alignment of the line.
Q Uh-huh.
A From anything known in the field, such as
fence post and evidence and so forth. The southern point is
definitely there and has been used by many surveyor. by
evidence.
Q How about the north?
A The north point is possibly across the
northern line. We picked up information on the property
owners up there. And basically we -- our closest
calculations must have carne to a found rock oak.
Q Okay. Now how long did you find that line to
be? Was it consistent?
A I really rlon't have the -- all I can tell you
is the distance down to the the southern line of lIahn's. i
don't have that information with me.
Q Well, the reason I ask the question i. that
that appears to be somewhat longer than tho call in the
deed?
It probably is. I don't have that
A
information.
Q Why is that?
A Well, there's a lot of reasons. You can talk
about distances, perches, surveys that were down a hundred
years ago. As an example, you may see a property line have
82
1 a hundred perches today, maybe even the old ridge monuments
2 were there. When you go out with a modern instrument, it
3 may only be 9B perches. So the distances that we were
4 referring to in the previous discussion here really doesn't
5 mean a whole lot to me. It's what you find in the field.
6 Q Okay. And that's --
7 A And you have to learn to look for your
8 original monuments and verify anything that you do find,
9 even if you have to go two miles away to prove it.
10 Q Okay. You would agree then with Hr. Hartman
11 that the precision of these instruments that we use now is
12 much greater than was used in 19761
13 A Oh, my gosh, yes. I don't rely on whole
14 distancss as a confirmation of a survey.
15 Q And it is true, isn't it, that these lines,
16 as they were marked originally, didn't have any monuments at
17 all on them, did they?
18 A According to the Exhibit 1, on the southern
19 item and place you were talking about, I think the deed
20 refers to a point.
21 Q A point?
22 A So anything you find there now -- it could
23 have been put there by previous owners, but you somehow have
24 to confirm it no matter how tar you have to go tor your
25 joinders. 'I~at's the big job or tho uurvoyor.
BJ
1 Q Right.
2 A It's not an easy one.
3 Q Are there any other indications of possession
4 or use consistent with your determination of the Hahn line
5 as shown on your plan?
6 A The southern line?
7 Q Yes.
B A other than what I told you, It could bo in
9 the field notes when we ran the survoy. I don't have that
10 with me.
11 Q Okay.
12 A I'm sure that information waR taken into
13 consideration when the plan waR calculated, and possibly a
14 lot of that information may even be thio way -- it may -- it
15 mayor may not corne relatively close to where the iron pin
16 and the post is located at the post.
17 Q You didn't put the iron pin thore whon you
18 did your work?
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A No.
Q Do YOll have any idea how long it was there?
A It definitely was there In 19BO because it's
referred to by Ilaffensherger lIubdlvllllon, iron pin in post.
Q /lo it's boon thero fo,' lIomotlme?
^ Yoah.
Q Now tho plIo of IItonoll contonded by the
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Hechanicsburg Hen's Club, do you have any indication how
long that's been there?
A No. There's so many stone piles out there.
All I know, it is located roughly nine feet plus to the west
of our line.
Q It's not on the line?
A To our survey, it's not on the line.
THE COURT: Do you mean west or north?
THE WITNESS: sorry. Right here. It's
located west of this line.
THE COURT: West of your line?
THE WITNESS: Yeah, going west.
BY HR. RADEBACH:
Q You were referring to Exhibit 2, were you
not?
A I beg your pardon?
Q On Exhibit No.2?
A Yeah.
Q The one you were just showing the judge?
A Yeah.
HR. RADEBACIl: I have no further questions.
THE COURT: Hr. Wagner.
HR. WAGNER: Thank you.
CROSS EXAHINATION
BY HR. WAGNER:
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Q Hr. Grove, you personally went to the site of
this particular piece of property?
A I've been out there, yes.
Q Did you participate?
A I wasn't to do all the field work, no.
Q So you did not participate in doing all the
field work --
A No.
Q -- to accomplish this survey, is that
correct?
A Right.
Q Did you?
A That is normal.
Q I understand.
A I don't think Bob goes out either with the
field crew.
Q Did you, in fact, personally locate the
monuments and the designations that appear on this survey?
For example, if I looked in the northwest corner, it says,
found rebar and stones. Did you personally see that?
A Wait. Where is that at? Northwest corner.
Yes, I was up there before the boys were done. They showed
me where that is.
Q Do you have a copy of the Ilahn deed with you,
please?
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A No, I don't have any. I probably have one
there.
(Hr. Radebach complied.)
BY HR. WAGNER:
Q Do you have before you, sir, a copy of the
Hahn deed?
A Yeah.
Q Let's, if you will, let's look at your
survey, and let's look at the deed, and let's compare it
with the survey done by Hr. Hartman. okay. Can we do that
for a second? Let's begin in the northwest corner of the
property, and we'll locate
A Of the Hahn property?
Q On the Hahn property. We'll locate on
Defendants' Exhibit No. 2 what says, found rebar in stones.
Do you see that location?
A Yeah.
Q That's consistent with the designation on
Exhibit No. 4 and the northwest corner of stones, is it not?
A Well, this Exhibit 2, if it says, found rebar
in stone, that's what we found.
Q Okay. Now let's look at the deed, and tell
me, what does the deed say the noxt dimension or bearing
should be since we've located this stone pile in the
northwest corner?
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A Let's see.
Q sir, I'll ask you to look at the deed,
please. Look at the deed. It's in the packet, Exhibit No.
2. What does Hr. Hahn's deed say when we start at the
beginning in the northwest corner pile?
A Beginning of stones in the intersection of
the corner of lands now or formerly Samuel and Joseph
Birdall, being the northwest corner.
Q All right. Then where do we go from there?
A This land is now formerly Beistline and C.
Waggoner, north 85 degrees east, 120 perches.
Q Let's stop there. North 85 degrees east. Is
that what it says?
A Yes.
Q I want you to look at Exhibit No. 4 of Hr.
Hartman. Does his appear does his survey appear to go
north 85 degrees east?
A Hr. Hartman's?
Q Yes. I'll show it right here a little
closer.
A I can't see that far.
Q I'm sorry. Exhibit No.4. We'll get that a
little closer.
A His says, 85.
Q What does your survey say, sir?
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A Eight four two zero zero two.
Q Let me just ask
A Let me explain.
Q Hay I ask, sir? Your survey of 84 degrees 20
minutes 2 seconds east is a different number?
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correct?
A
Q
feet is that?
A
Yes.
That's what's in the deed, is it not?
Yes, I agree with you.
Now the deed calle for 120 perches. How many
You'd have to multiply by 16 and a half. I
don't have a ruler here.
Q What does your survey say?
A 1960.35.
Q All right. What does Hr. Hartman's survey
say 120 perches is?
A yeah, but that was
TilE COURT: Wait. You just have to answer
the question, and then your counsel will bring out the
explanation that you have.
'I'IlE WITNESS I okay. okay. Hy question ill,
that was a plotted deed. This is -- ours i. an actual.
BY HR. WAGNER:
Q sir, I'm asking you to follow your deed and
09
1 survey with Hr. Hartman.
2 A All right, I'll agree with you.
3 Q Hr. Hartman's survey is consistent with the
4 deed, is it not, as far as both the bearing and the distance
5 from that northwest corner, is that correct?
6 A Yes.
7 Q And your particular survey contains numbers
8 that are inconsistent with what's contained in the deed,
9 does it not?
10 A Yes, I would say so.
11 Q All right. When we go to what would be the
12 northeast corner of the property, what does the deed say our
13 next monument should be?
14 A stones.
15 Q I'll refer to Exhibit No.4, Hr. Ilartman's
16 survey, and what does he have in the northeast corner?
17 A stones.
18 Q That he found. What do you have on your
19 survey that you used as a monument?
20 A Found rock oak.
21 Q Excuse me?
22 A Found rock oak.
23 Q What is a rock oak?
24 A That's a tree.
25 Q That's a kind of tree?
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1 A Yeah.
2 Q In the content or the body of the description
3 of Hr. Hahn's deed, can you point to any location in which
4 his deed references a tree or a rock oak?
5 A No.
6 Q You then used a monument or a location
7 different than what the deed calls for, did you not?
8 A Yes.
9 Q Let's come down the eastern boundary, sir.
10 What does the deed say the meets and bounds, if you will, or
11 the direction should be of the line from -- that apprises
12 the eastern boundary of the Hahn property?
13 A Well, the deed says, I guess, that's -- I
14 think it's 102 perches.
15 Q Let's look at the direction first. What does
16 the direction -- what does the direction of the deed say?
17 A South 13 degrees 30 minutes west, 102
18 perches.
19 Q The deed says, south 13 degrees 30 minutes
20 west, does it not?
21 A Right.
22 Q Hr. lIartman's Exhibit No.4 says, south 13,
23 30 degrees west, does it not?
24 A Right.
25 Q What does your survey, Exhibit No.2, say?
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You tell me.
Q
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Q
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Q
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A Well, we have that ae actual field survey
1728.78 per survey this date.
Q I understand. So you've increased the length
of this line about 45 feet, have you not?
A No, I have not increased that line.
Q Well, isn't 172B.78 feet longer than a
hundred two?
A
Q
A
question?
BY HR. WAGNER:
Q
A
Q
A
Q
sir?
I did not increase that line.
Is 1700
I --
THE COURT: Wait.
Hr. Wagner, what was your
Is 1728.78 feet longer than 102 perches?
It is.
Now
And I can explain that later.
Now go to the southeast corner, if you would,
A Yeah.
Q What does the deed say about the point in the
southeast corner?
A It's a point.
Q And then where do you go from there?
A We go west, and we go west 85 degrees.
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1 Q Eighty-five degrees west. Did Hr. Hartman go
2 B5 degrees west?
3 A Yeah.
4 Q That description or that particular bearing
5 is contained in the deed of Hr. Hahn, isn't it?
6 A No, nor Hr. Hartman's.
7 Q It's contained in Hr. Hahn's deed, isn't it?
8 A Yeah.
9 Q What direction did he go?
10 A Eighty-four, firty-four, fifty-six.
11 Q Eighty-five. Hr. Hartman has 85 there, does
12 he not?
13 A Not -- okay. All right. Go ahead.
14 Q What does the deed say about the western
15 property line of Hr. Hahn bearing?
16 A It's north 3 degrees east.
17 THE COURT: Is that north 3 degrees east? Is
18 that all?
19 BY HR. WAGNER:
20 Q What's the deed say?
21 A North -- wait a minute. Western line.
22 Q Western line?
23 A From the southern southwest corner north back
24 to the point of beginning, is that where you're talking
25 about, sir?
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Q Yes, sir.
A North 3 degrees east.
Q What does Hr. Hartman say about the northern
line? What degree does he have there?
A Zero three.
Q What did you put in your survey?
A Zero three.
Q Does 3 degrees north that you referred to in
your survey appear in Hr. Hahn's deed?
A No.
Q What distance did you include the western
boundary line of Hr. Hahn is?
A sixteen fifty.
Q What does the deed call for?
A It calls for a hundred perches, so that would
be 1650 also.
Q So would you agree with me, sir, that when we
look at Hr. Hahn's deed, first of all, his deed in
description is consistent with the predecessor deeds way
baok to the first deed of 1906, correct?
A Yeah, if you're talking about the deed plots,
yes.
Q The description in his deed?
A Yeah.
Q Is consistent with the initial description
95
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1 contained in the 1906 deed?
2 A Right.
3 Q And when you did the survey, however, you
4 have in each of the sides, you have both a distance and a
5 bearing, do you not?
6 A Yeah.
7 Q Well, you agree with me that of the eight
8 combinations of distances and bearings, you have one out of
9 eight consistent with the deed, that being the length of the
10 western line, 1650 feet?
11 A That's true. However, the deed --
12 Q sir -- I'm sorry.
13 A It's a problem with me to try to explain
14 something to you.
15 Q I understand.
16 A That deed does not close.
17 Q Sir, I understand that, and we're going to
lB get to that.
19 A Right.
20 Q Hy point to you is, in the eight different
21 distances and bearings that you can use, four distances --
22 four lengths and four bearings?
23 A That's true.
24 Q Seven of the eight that are in the deed are
25 inconsistent with your plan, is that correct?
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A Right.
Q And you'll agree that the same seven out of
eight inconsistencies appear in the 1906 comparison of your
survey with the deed?
A Yeah, yeah. We have an actual survey now.
Q Well, I understand that, sir. Now when you
talk about closure, we're talking about a description in a
deed that does not fit together?
A Does not corne back to the beginning.
Q okay. And in your situation, in order to get
back to the beginning on your particular plot plan, you used
a southern boundary line of B4, 54, 56, did you not?
A Yeah.
Q And you usp.d a distance of 1687.69, did you
not?
A Yep.
Q Both inconsistent with the deed, correct?
A Yes.
Q So you created a southern boundary line
inconsistsnt with the deed of Hr. Hahn, did you not, in
order to bring a closure?
A Oh, no, I disagree with that. Not to bring a
closure.
Q Well, did you --
A No.
97
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closure?
A
Q
property that
mean?
A
Q
A
Q
98
1 Q Did you ever find any other monument in the
2 southwest corner of the property that is consistent with the
3 deed, either the current deed or the deed from 1906?
4 A I can't answer that. I don't have my field
5 notes.
6 Q So do I understand then that at least the
7 southwest corner of your survey, Defendants' Exhibit No.2,
8 was established by you and/or someone from your company?
9 A Sure.
10 Q putting the rebar in?
11 A Correct.
12 Q And that was done in 1994, June 30th,
13 correct?
14 A Right.
15 Q Is that rebar, if you will, consistent or
16 inconsistent with the iron pin that was found by Hr. Hartman
17 or did you see an iron pin there?
18 A I can' t answer t.hat.
19 Q Did you do a comparison or a plotting, if you
20 will, of the 1906 and the 1907 deeds out of the Dixon farm
21 to determine whether those two deeds, the two deeds out of
22 the farm actually matched the entire farm or they fit, if
23 you will?
24 A Yeah. You don't have to plot it. It's
25 already plotted.
99
1 Q Did the two deeds out of the Dixon
2 A Exhibit 1, yeah, the deeds follow.
3 Q The deeds fit, do they not?
4 A Yeah, I l;now the northern one does.
5 Basically didn't go over through all this other, other than
6 the northern line and the northern couple lines of the
7 southern tract.
B Q Hay I see this? Thank you, sir. Let me ask
9 you a question. out in the field, there are different kinds
10 of monuments in the field, are there not?
11 A Right.
12 Q And the one monument called for in the Hahn
13 deed on the northern line is a pile of stones, from one pile
14 of stones to another pile of stones, correct? Isn't that
15 what the deed says?
16 A Yeah.
17 Q Do you know, looking at Hr. Hartman's, do you
18 know where that pile of stones is in relationship to your
19 red oak tree or the tree that you found?
20 A We didn' t find the pile of stones.
21 Q Were you in court today when Hr. Ilartman
22 indicated that he surveyed and participated in the survey of
23 the property north of Ilahn that belongs to Boyd Hyers?
24 A Yes.
25 QUid you hear him say that he located each of
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those two piles of stones?
A I heard him say that.
Q But you did not locate that pile of stones?
A We did not find that pile of stones.
Q All right. A pile of stones as a monument
contained in the deed takes precedent over one that is
created, does it not?
A If you can find and prove that it's an
original pile of stones, but you got to be able to prove it
first.
Q I understand that, and I accept that. Hr.
Hartman says he found the pile of stones --
A Yes.
Q -- as a monument. That would be in surveyor
language or construction, that would take priority over your
red oak, would it not?
A I agree, if you can identify that as the
original stone.
Q If Hr. Hartman testifies that the northeast
corner of the property of Hr. Hahn has a pile of stones,
which he saw when he surveyed the Hyers property, you agree
with me, do you not, in surveyor's language, that pile of
stones takes priority over your tree, does it not, as a
corner?
A Yes. Incidentally--
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Q Thank you.
A That's called the stone in the original deed
not a pile of stones.
Q And you also told us, a tree doesn't appear
anywhere in any deeds, does it?
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6 A Right. So it's not a pile of stones either.
7 Q Bear with me, if I can, one second, Judge, to
8 make sure I'm reading this appropriately. Now this Exhibit
9 No. 1 that appears to be the farm of Hary Jane Dixon, which,
10 I believe, is Hr. Radebach's Exhibit 1, it's kind of tough
11 to read, but I'll ask you, are you able to read any of these
12 bearings and distances that are on that property?
13 A Well, my eyes aren't as good as they used to
14 be. I haven't bought a new pair of glasses for a long time.
15 The upper line
16 Q What does the upper line say in Defense
17 Exhibit No.1?
18 A It says north 85 east.
19 Q All right. So let's be clear what that says.
20 The 1906 Dixon farm exhibit, Defendants' Exhibit No.1, the
21 northern line is 85 degrees east, ie it not?
22 A Yeah.
23 Q That 85 degrees east is consistent with the
24 deed, is it not?
25 A Right.
102
1 Q It's consistent with Hr. Hartman's survey,
2 Exhibit No.4, is it not?
3 A Right.
4 Q It's inconsistent with your survey, is it
5 not?
6 A Yes.
7 Q What is the length of that northern line in
8 Defendants' Exhibit No.1?
9 A One hundred twenty perches.
10 Q A hundred twenty perches, if we
11 mathematically calculate that, is consistent with the survey
12 of Hr. Hartman of 1980 feet, does it not?
13 A Can I say one thing? That is not a survey.
14 That was plotted.
15 Q That's consistent with his plot plan?
16 A Plot plan?
17 Q consistent with his plot plan. consistent
18 with the deed of Hr. Hahn, Defendants' Exhibit No.1?
19 A Yeah.
20 Q And Defendants' Exhibit No. 1 is inconsistent
21 with Defendants' Exhibit No.2, your survey?
22 A It's bound to be a hundred years later, yes.
23 Q And you would agree with me, would you not,
24 that the same questions that I asked you about Hr. Hartman's
25 plot plan, the inconsistencies c~ your survey and deeds and
103
1 plot plan apply to Defendants' Exhibit No.1, does it not?
2 A Yes, but I don't call them inconsistencies.
3 Q They're different than what's called for in
4 the deed, are they not?
5 A They're bound to be a hundred years later.
6 Q They are different than what's in the deed,
7 are they not?
8 A Yes.
9 Q And in order for you to survey and have your
10 survey be, if you will, acceptable and consistent and
11 closed, you have to use different bearings and different
12 distances, do you not?
13 A No, I don't. I can use bearings that are
14 relative, which you don't understand.
15 Q Well, are they the same as in the deed?
16 A No, your interior angles may be the same.
17 Q All right. So you, if you will, when you do
18 a survey, you go out and you try to make this closed from
19 the description, but it's inconsistent with the description,
20 is it not, your survey?
21 A Due to an actual field survey, it will be.
22 Q And when it 1s inconsistent, it becomes
23 inconsistent, does it not, with things such as using an oak
24 tree as opposed to stones?
25 A Not necessar il y.
104
Q But it can, can it not?
A Yeah.
Q And it can be inconsistent when you adopt a
hickory post as opposed to a pile of stones?
A Right.
Q And it can be inconsistent when you try to
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7 make the closure the -- or the error in the closure, when
8 you try to make up for in the southeastern corner of the
9 property as opposed to the southwestern property, correct?
10 A No, we did not make a closure. We did not
11 force a closure.
12 Q If you use the pin or the location on Hr.
13 Hartman's plot
14 A Yep.
15 Q -- and run that 85 degrees consistent with
16 the deed, then the error is down here in the southwest
17 corner, isn't it?
18 A It's not closed.
19 Q I'm not asking you that, sir.
20 A No.
21 Q The deed itself, that's where the discrepenoy
22 comes in, the southwest corner?
23 A I disagree with you.
24 HR. WAGNER: All right. Thank you. No
25 further quostions.
105
1
THE COURT: Hr. Radebach.
2
REDIRECT EXAMINATION
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BY HR. RADEBACH:
5
Q Hr. Grove, tell us why there will be a
variation in the bearings shown on your survey from the
A Well, first of all, I don't understand why
4
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7
we're worried about the northern line and so forth.
8
Q Okay.
9
A That's irrelevant to our problem. our
10 problem boils down to the two monuments on the southeast
11 corner.
12
Q
okay.
13
A
First of all, back in 190B, I guess, when
14 this was prepared, we had 120 perches at north B5 east.
16
Q
A
Right.
15
If those two exact monuments are there today,
17 and we did it with our instrumentation today, we may get a
18 hundred twenty-two perches. You understand?
19
Q
I understand.
20
A
That guy went through there with -- the
21 surveyor had a magnetic compass and a tape.
22
Q
What did you have?
23
A
We had -- 1960
24
Q
Well, what did you have? What kind of
25 instruments did you use?
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We had an EDH, I believe.
For those of us who you aren't familiar --
It's an electronic disk meter.
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Q
A
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Does it have a laser?
5
A
I guese you call that a laser. It measures
6 without changing or anything like that.
7
Q
Now you mayor may not have looked at the
8
deed for the Hechanicsburg Hen's Club when you did your
survey. Did you do that?
A As far as surveying Exhibit 1?
Q Uh-huh.
A We ran our survey from the northeastern
9
10
11
12
13 corner of the Hahn tract down to along the Hechanicsburg
14 Men's Club traot, down here I would say another -- a hundred
15 perches south until we came to a corner, and we established
16 a linu through those points.
17
Q
Okay. That line that you established, was it
18
the same bearing that is shown on the 1906 plan?
A I don't think it would be, no.
Q Why not?
A Because it's an actual field survey for
number one. We have north 85, 20, 02 east, and we have
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23
south 113 -- which may be, if you calculated your interior
24
angle, you may be very close to the same as north 85 east
versus 13 something west.
25
107
1 Q But it is true --
2 A In other words, the interior angle, I can
3 start out with a different base, just if -- as an example,
4 if you say you're going you're driving north 15 degrees
5 west, and then you make a turn, a 90-degree turn or
6 something going south, well, it's the interior angle that
7 makes the difference. You could start out and have an --
8 start out at 25 this way, and you still have the interior
9 angle, which makes the same relative thing, makes your
10 survey the same when you draw it out. It's all relevant.
11 Q The designation of north changes, does it
12 not?
13 A Oh, yes.
14 Q That's magnetic?
15 A That's magnetic. Whether -- I don't know at
16 that time whether this was a magnetic or what. We could go
17 out here and take a magnetic right now, and we're not going
18 to get north 03 degrees west, that's for sure.
19 Q It changes, doesn't it?
20 A Yes.
21 Q Now the same thing could be said of the deeds
22 for the Hechanicsburg Hen's Club from the 1978 survey done
23 by Hartman and the 1944 deed into Hiller, couldn't it?
24 A Yeah.
25 Q In fact, it's true, isn't it, that the
108
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1 dimensions on the 1944 deed --
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11 on that.
12 HR. RADEBACH: I have no further questions.
13 HR. WAGNER: I just have a couple of Hr.
14 Grove in light of what you just said.
15 RECROSS EXAMINATION
16 BY HR. WAGNER:
17 Q You told us that the northern boundary line
18 is irrelevant. Is that what you said in redirect, that the
19 northern boundary line is irrelevant?
20 A Well, let me just talk in common sense here.
21 Our problem is down here at two corners.
22 Q Well, sir, let me ask you this. And I'll
23 look at the plot plan of Exhibit No.4, and I'll ask you, if
24 we begin at the northwest corner, the relevancy of that
25 northern line dictates the length of the eastern line to get
A That's correct.
Q -- are different?
A Right.
Q And ie that for the same reason?
A Yeah, I have no problem with that.
Q Is that to be expected?
A Yes.
Q Is that normal?
A Yes. I'm sure Hr. Hartman will agree with me
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to either of those two monuments that were found out there,
doesn't it?
A We may have the same interior angle. I
didn't figure that up. If we lay this plan over that, that
may be relatively close. The interior angle may be the same
as that.
Q Sir, the northern line ie very important
because however you start that line as far as the bearing
will dictate the distance?
A Right.
Q Of the eastern boundary line?
A Right.
Q Correct?
A If I go out and get out my compass now, it
wouldn't be north 85 east. I may start out at 85 east, but
when I make my corners to come around, I got to calculate
the interior angle to come down the hill, and that will be a
different bearing.
Q So contrary to what you just said, that
northern line and its bearing and its distance is oritical
to determine the location of the eastern boundary lins?
A That is what we found in the field in 19, I
guess, 94, when we surveyed the property.
Q The northern boundary line distance and
bearing
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A Right.
Q -- is critical to the determination of the
eastern
A Not as far as a 1994 field survey, no. There
is no surveyor in the area that can go out there and survey
that and come up with what was done in 1907, angle and
distance.
Q Well, there is no angle called for in any
deed, is there?
A No, but it's there. A surveyor knows how to
figure it out.
Q What was called for was 85 degrees, 120
perches to a stone --
A Yeah.
Q -- in the deed. And it's your job to find
that stone. And you're telling us you did not locate that
stone?
A It wasn't there. As far as our men, we
didn't find it. It could have been overlooked. I'm not
saying Bob Hartman found it or didn't find it.
Q And not being able to find that, whether it
wasn't there or you didn't see it, you then, on your survey,
created two numbers, both the distance and the bearing?
A Yeah.
Q Different than what the deed called for?
111
1 A Right. It is our job, as a professional
2 surveyor, to try to relocate that monumentation to the best
3 of our ability at the point where we think it is.
4 Q I understand.
5 A So we found that the nearest thing to that
6 corner established in our property line survey was the red
7 oak.
8 Q So you established the red oak?
9 A Or rock oak.
10 Q You established the rock oak in order to be
11 consistent with your survey?
12 A No, we just -- because we surveyed the lines,
13
14
15
16
17
18 A No, it's not called for in the deed.
19 Q Is that oak tree -- is that oak tree 85
20 degrees -- north 85 degrees from the stone pile west?
21 A It may be if I go out there with a magnetic
22 compass, it may be 85 degrees. It may be 95 degrees now.
23 Q Is it 1980 feet from the northwest corner?
24 A No, it's not, because if we did a survey now,
25 the instruments are not going to get the same distance.
we used evidence of fence posts, property lines, and so
forth. We spent a lot of time there. That's how we arrived
at that corner.
Q Is that -- first of all, that oak tree is not
called for in the deed, is it?
112
--,
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1 HR. WAGNER I Thank you, sir.
2 THE COURT: Hr. Radebach.
3 HR. RADEBACH: No other questions.
4 THE COURT: I just have a couple of
5 questions, if I might.
6 BY THE COURT:
7 Q How much has magnetic north changed since the
8 original bearing was determined?
9 A I can't answer that. Haybe Bob can answer
10 that.
11 Q Do your instruments or your charts take that
12 into consideration?
13 A We can. We can find out. We normally don't.
14 Q You normally do not?
15 A No.
16 Q okay. Are you saying that the difference
17 from the bearings that are in the deed and those shown on
18 your survey are attributable to the change in magnetio north
19 or do you think that's unrelated?
20 A Well, I think it's relevant, and it's hard to
21 explain. If I'm going up true north, what I see in a
22 magnetic compass today, and then go true east, that will b.
23 a 90-degree angle. Say I get a magnetic bearing -- I'm
24 stretching this -- say it's 10 degrees inetead of true north
25 0 degrees, 10 degrees going north, and make a gO-degree
113
1 angle. It's got to be a different bearing going out east.
2 Everything is contingent upon the internal angle. You can
3 have a different bearing here than your other fella, but as
4 long as this interior angle is the same, that's
5 Q I understand what you're saying, but interior
6 angles--
7 A Yeah.
8 Q I'm just wondering whether the change in --
9 A I definitely think there's a different -- we
10 go out now and get the true north and so forth, we're going
11 to come up with a different 3 degrees northeast, and we're
12 going to corne up with a different 85 degrees over this way.
13 But maybe when you take the interior angle, it may equal the
14 same as this.
15
16
17
18
19
20
21 throw 00 up here and calculate the interior angles. We may
22 be 100 degrees off, but aB long as the interior angles are
23 the same as the deed, we corne up with the Bame thing. It's
24 pretty hard to explain.
25 Q I think I understand. But you would need
Q Well, I understand that, but are you saying
that the change has occurred because magnetic north has
changed
A Yeah, yeah.
Q -- over the years?
A Yeah. As long as -- we have surveys, we just
114
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1 some monuments, I would think, to do that?
2 A Uh-huh.
3 Q I would think you would need some monuments.
4 If you're not mathematically taking into account the change
5 in magnetic north, then your measurements are different
6 A Well, we're going out, and we definitely go
7 out and look for the original monuments. That's what we
8 look for. If we can't find them, then it's our job to
9 relocate that corner.
10 THE COURT: All right. Any further questions
11 by counsel?
12 HR. RADEBACH: Yes, just one. That suggests
13 one question, Your Honor.
14 REDIRECT EXAMINATION
15 BY HR. RADEBACH:
16 Q When you did this survey, did you find
17 sufficient monumentation to locate the property corner or
18 property line?
19 A We found what we thought was sufficient on
20 the -- on Ilahn's western side and the northern side, and the
21 only two that was in -- we differed with Hartman was the two
22 that we discussed at the southeast corner. I may be wrong.
23 I thought our men and Hr. Hartman were very close in
24 agreement in everything else.
25 Q Very well.
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A I could be wrong.
THE COURT: Hr. Wagner, anything further?
HR. WAGNER: That creates one, if I could.
RECROSS EXAMINATION
BY HR. WAGNER:
Q Just so I understand what you're saying what
you found. I think we agree you found the stones in the
northwest corner, correct?
A Yeah.
Q And there's a dispute in the southeast
corner?
A Right.
Q Okay. And you did not find the northeast
corner, you created that?
A Yes.
Q And you created the southwest corner?
A Right.
Q So what you did is, you found one, created
two, and the third one is in dispute, correct?
A correct.
Q So --
A But I would have to ask Bob if he was
generally in agreement.
Q Well, no. Hr. Radebach asked you if you
found sufficient monumentation when you were there regarding
116
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1 your survey, and I just wanted to clarify that you found one
2 in a northwest corner, correct?
3 A Yeah.
4 Q You didn't find the northeast corner, you
5 created that?
6 A Right -- well, we found what we thought was
7
8
9
10
11
12
13 corner?
14 A Yeah.
15 Q Although it calls for stones?
16 A Right.
17 Q And when you corne down here to this corner,
18 which would be the southwest corner, you created a rebar?
19 You created that?
20 A Yeah.
21 Q And the one down here in the southeast
22 corner, that's the one in dispute?
23 A Yeah, the two of them.
24 Q So you found one?
25 A Yeah.
possibly the original corner.
Q And you created the tree as opposed to the
stones?
A No, the tree is there. Haybe the stones were
there at one time, too.
Q I'm sorry. You created the tree as the
117
1 Q You found this corner in dispute?
2 A Yeah.
3 Q And you created these two?
4 A Yeah, because it's our job to read -- if we
5 can't find what the original deed calls, we have to set the
6 corner at the best of our ability.
7 HR. WAGNER: Thank you. I have no further
8 questions.
9 REDIRECT EXAMINATION
10 BY HR. RADEBACH:
11 Q Without belaboring it though, when I asked
12 you the question about what you used to determine the
13 monumentation, was it just the end points of those lines or
14 was there evidence of a line along the lines?
15 A There's evidence, definitely evidence, along
16 the line, fence rows, fence posts, rocks, stones, so forth.
17 We just don't go to the end of the lines and --
18 HR. RADEBACH: okay. I wanted to be clear
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20
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22
23
24
25
about that. That's all. Thank you.
HR. WAGNER: I have nothing further.
TilE COURT: You may step down. Thank you.
HR. RADEBACH: We have no further testimony.
TilE COURT: I think we had two exhibits.
HR. RADEBACIl: Yes, we move for the admission
of one and two, if we could.
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Hr. Wagner.
I have no objection to them.
All right. Defendants' Exhibits
THE COURT:
HR. WAGNER:
THE COURT:
1 and 2 are admitted.
(Whereupon,
Defendants' Exhibits Nos. 1 and 2
were admitted into evidence.)
THE COURT: Is there any further testimony
or --
HR. WAGNER: One quick rebuttal. I can
probably ask if -- well, I can call him to the witness stand
to verify it. Hr. Hartman. I think before I do anything on
the record, we probably ought to clear up what's here to
make sure we know where it belongs.
Whereupon,
ROBERT G. HARTMAN
having been duly sworn, testified as follows on rebuttal:
DIRECT EXAMINATION
BY HR. WAGNER:
Q Hr. Hartman, do you have before you the
survey that you earlier referred to as the Hyers survey that
you did, which would be north of the Hahn property?
A Yes, sir.
TilE COURT:
HR. WAGNER:
And that exhibit is what?
I didn't really mark it.
We can
119
1 mark it as Exhibit No.6.
2 (Whereupon,
3 Plaintiff's Exhibit No. 6
4 was marked for identif ication. )
5 BY HR. WAGNER:
6 Q Do you have before you marked as Plaintiff's
7 Exhibit No.6, sir, a survey that was done by your company
8 for the Hyers property that you referred to as being north
9 of the Hahn property?
10 A Yes, I do.
11 Q And is there a monument or is there a corner
12 in that property that is referenced as stones?
13 A Yee.
14 Q And would that be the stones that were -- and
15 those stones were found in the Hyers survey, correct?
16 A Yes, that's true.
17 Q Would they be the stones, sir, that are
18 referenced in the northeast corner of the property of Hahn?
19 A In my opinion, yes.
20 Q They would be stones consistent with the
21 deed?
22 A There's a seven foot difference between the
23 distance in the distance between the stone, but I think
24 that's what's referred to.
25 Q Okay. There's a distance -- there's a
120
r
1 difference between the stones and also the survey of Hr.
2 Grove as far as that tree is concerned, is there not?
3 A Yes.
4 Q But those stones were there, and you found
5 them in your survey?
6 A Yes.
7 Q What year was your survey?
8 A Eighty-four.
9 HR. WAGNER: Thank you. I have no further
10 questions.
11 THE COURT: Hr. Radebach.
12 HR. RADEBACH: Can I see Exhibit 6, Hr.
13 Hartman?
14 CROSS EXAMINATION
15 BY MR. RADEBACH:
16 Q Tell us, if you could, the bearing of that
17 line?
18 A Yes, I will. South 86 degrees -- wait a
19 minute. South 86 degrees, 15 minutes, 00 seconds west.
20 Q Not south 85 degrees west?
21 A No, sir, that's what it says.
22 Q How come?
23 A How come? Because, in essence, what Mr.
24 what Jerry referred to is correct, there is declaration in
25 those bearings.
121
~
1 HR. RADEBACH: I have no further questions.
2 THE COURT: Hr. Wagner.
3 HR. WAGNER: I have nothing further. Hove
4 for Exhibit 6.
5 HR. RADEBACH: I have no objection to Exhibit
6 6.
7 THE COURT: All right. Plaintiff's Exhibit 6
8 is admitted.
9 (Whereupon,
10 Plaintiff's Exhibit No. 6
11 was admitted into evidence.)
12 THE COURT: Hr. Radebach, any further
13 evidence?
14 HR. RADEBACH: No rebuttal or surrebuttal or
15 anything else. Thank you.
16 THE COURT: You may step down. Thank you.
17 We'll enter this Order, although first I would like to know
18 how long counsel would like after the transcript is prepared
19 to submit requested findings of fact and conolusions of law.
20 HR. WAGNER: Without imposing upon the court
21 reporter, what would the approximate time -- I'm only thing
22 that, if it would be closer to the holidays, I might ask for
23 an extra day or so.
24 TilE COURT I I would expect it would be olour
25 to the holidays.
122
,-
1
HR. WAGNER: Can we ask for 15 days from the
2 date of receipt?
3
HR. RADEBACH: I have no objection.
THE COURT: All right. We'll enter this
4
5 Order.
6 (Whereupon, the following Order of Court was
7 entered. )
8 ORDER OF COURT
9 AND NOW, this 18th day of October, 1996, upon
10 consideration of Plaintiff's complaint in the
11 above-captioned matter, and following a nonjury trial in
12 equity held on this date, the record is declared olosed.
13 Pursuant to a request of both counsel, the stenographer is
14 directed to transcribe the notes of testimony, and counsel
15 are afforded 15 days following the filing of the transcript
16 within which to present and file requested findings of fact
17 and conclusions of law, along with any memoranda which they
18 care to submit on the issues in this case.
19 By the court,
20 Isl J. Weslev Oler. Jr.
J.
21
22
HR. WAGNER: Thank you, Judge, very much.
THE COURT: Thank you.
HR. RADEBACIlI Thank you very much, Your
23
24
25 Ilonor.
123
\ ~~..',\1Irl':~1,1
III . . ".',
v.
IN TilE COURT OF COHHON PLEAS OF
CUHBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN EQUITY
TilE HECHANICSBURG CLUB, INC.,1
Plaintiff
HORGAN C. IIAHN and
MARY HAHN, his wife,
Defendanta
No. 95-2977 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of October, 1996, upon
consideration of Plaintiff's complaint in the above-captioned
matter, and following a nonjury trial in equity held on this
date, the record is declared closed. Pursuant to a request of
both counsel, the stenographer is directed to transcribe the
notes of testimony, and counsel are afforded 15 days following
the filing of the transcript within which to present and file
requested findings of fact and conclusions of law, along with
any memoranda which they care to submit on the issues in this
case.
By the court,
J
P. RICHARD WAGNER, ESQUIRE
2233 N. Front Street
lIarrisburg, PA 17110
For the Plaintiff
I
\ C ~l, ~~
" hlV~(~"l. C~ll4-". /
ROBERT G. RADEBACH, ESQUIRE
107 Locust street
Harrisburg, PA 17101
For the Defendants
wcy
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THE MECHANICSBURG CLUB, INC., I
I
Plaintiff, I
v. I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 'l'J wJr)-17 (I( ,'t r! ,J( L",-
MORGAN C. HAHN and MARY
IiAHN, his wife,
I CIVIL ACTION - LAW
I
I
I
Defendant.
.
.
.0000IC.
You have been sued in oourt. If you wish to defend against
the claims set forth in the following pages, you must take aotion
within twenty (20) days after this Co.plaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defense. or
Objections to the clai.s set forth against you. You are warned
that if you fail to do so the case .ay proceed without you and a
judqaent .ay be entsred against you by the Court without further
notice for any .oney olai.ed in the Co.plaint or for any other
clai. or relief requested by ths Plaintiff. You may lose money
or property or othar rights i.portant to you.
yOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
THE MECHANICSBURG CLUB, INC.,: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff, :
v. I NO.
I
I
MORGAN C. HAHN and I CIVIL ACTION - LAW
MARY HAHN, his wife
I -IN IQUI'l'Y
Defendants.
CnIIDLaIII'l'
AND NOW, comes the Pla. ntiff by and through their attorneys,
MANCKE, WAGNER, HERSHEY' TULLY, and files the following complaint I
1. The Plaintiff, The Mechanicsburg Club, Ino., is a
corporation incorporated under the laws of the Commonwealth of
Pennsylvania, having as an address 33 Heinz street, Mechanicsburg,
Cumberland County, Pennsylvania.
2. The Defendants, Morgan C. HAHN and MARY HAHN, his wife,
are adult individuals having as an address of R.D. Mechanicsburg,
cuaberland County, Pennsylvania.
3. At all times pertinent hereto, The Mechanicsburg Club,
Plaintiff, owns a tract of ground situate in Silver spring
Township, Cumberland County, Pennsylvania.
4. At all times pertinent hereto, the Defendants own a tract
of ground which is located also in Silver spring Township,
Cumberland County, Pennsylvania. Said tract of ground is adjaoent
to the property of the Hechanicsburg Club.
5. On or about times in 1994 and 1995, the speoifics of
which are unknown to the plaintiff herein, the Defendants began to
oonstruct a fence on the property of the Plaintiff. Said feno.
being approximately seventy (70) f.et on to the northern portion of
the Plaintiff's property. Said fence being in excess of several
hundred f.et.
6. Th. afor.m.ntion.d f.nc. was construot.d by the
D.fendants and/or through th.ir ag.nt., ..rvants and .mploy....
7. Th. .aid f.no. con.titut.s a tre.pass on the property of
th. plaintiff in that the fence i. construoted entir.ly within the
boundari.. own.d by the plaintiff in Silver spring Township,
cuab.rland county, P.nn.ylvania.
8. Th. oon.truction of the fence which plaintiff b.li.v..
and th.refor. av.r. i. of a peraan.nt nature, oon.titut.. a
continuing tre.pa.s on to the prop.rty of the Plaintiff.
9. plaintiff b.li.ve. and ther.fore avers that the f.no.
constitute. a tre.pas. is constructed within the boundary of the
Plaintiff'. prop.rty and therefore constitutes a tr.spass to
plaintiff'. property.
10. plaintiff r.quired the removal of the fenc., howev.r the
Def.ndant. have refus.d to do the .a~..
WHEREFORE, Plaintiff r.quest. this court to grant r.li.f in
the form of:
A. Enjoining Pef.ndante from further construction of a
fence on Plaintiff. property.
B. Requiring Defendants to remove said fence from the
property of the Plaintiffs.
C. Such other relief as the Court deems appropriate.
Respectfully submitted,
1lUlC1t., nPD, ......y 6 'fULLY
-
<'~- --
.~ P. R:Ch~;~ :.::: Esquire
.1.0. 123103
/2233 North Front Street
, Harriiburg, PA 17110
(717) 234-7051
Attorney for Plaintiff
OATE:~:i/..U J9 5"
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. .
" I . .
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,
ROBERT O. RAOEBACH
Attome1 .t La"
107 40uK St,..t
H.rri.....l1. PA 17101
,.
".
.
.
10. Dcfcndnnls ndmit rclilsinglll rcmllVc thc slIid Icncc since thcy truly hclicvc it tll hnvc bccn
cllnstnlclcd upon thcir prllpcrty IIml strict prllof llflhc IIvcnncnt is hcrcby dcmllndcd.
WIIEIlEFOIlE, I)cfcn.lllnts rcspcctlillly rcqucsl thc Cumllo dismiss thc Complnint with
prcjudice.
I verify thai the stalements made in Ihis Answer are lrue and correct. I understand that false
statements herein are made subject to the penlllties of 18 I'a. C.S.A. ~4904 relating to unsworn
falsification to authorilies.
Dated: November 22, 1995
?J'~ c W
Morgan C. Hahn
.~
:, .,.--..,--.- .--.......-....... ....
v.
INC.. I
I
I
I
I
I
I
I
28
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE MECHANICSBURG CLUB,
Plaintiff
95-2977 CIVIL TERM
MORGAN C. HAHN and
MARY HAHN, his wife,
Defendants
CIVIL ACTION - LAW
IN REI PRETRIAL CONFERENCE
At a pretrial conference held Wednesday, June 19,
1996, before the Honorable George E. Hoffer, in this~lt"
case, Robert G. Radebach, Esquire, represented the Defendants,
and P. Richard Wagner, Esquire, represented the Plaintiff.
Both oounsel agree that this case is in equity and
,,111 b. tdecl Ilonjury in f&'ollt: of llIl equlty ~ullg.. The
Plaintiff claims that the Defendants have partially erected a
fence on property which the Plaintiff owns in Silver Spring
Township I Defendants are abutting landowners, who live on the
land. Plaintiff desires this fence to be removed, and, if
resurrected, to be put in the proper spot. Each side has had
the property surveyed and have their surveyors ready to testify
as to the proper looation of the fence line. The attorneys
request that the hearing judge conduct a personal view in the
case at an appropriate time. The attorneys indicate that the
case can be tried in one half a day.
The oourt edmini.t&'etor l. directed to a..ign th.
aa.e to one of the th&'ee equity trial judge.. In the meantime,
each side shall submit to the trial judge a complete set of
proposed findings of fact and conclusions of law. Plaintiff's
counsel is directed to file his proposed findings and
conclusions thirty days before the scheduled trial, and defense
counsel shall file his corresponding document, where necessary,
no later than fifteen days prior to trial. Each counsel urges
the trial judge to schedule the case late in August because of
the heavy summer workloads of their surveyor witnesses.
By the Court,
P. Richard Wagner, Esquire
Counsel for Plaintiff
Robert G. Radebach, Esquire
Counsel for Defendants
~ourt Administrator
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MANCI<E. WACINlfl.lifr15HfY /I. Hill Y
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THE MECHANICS BURG CLUB, INC.,
Plaintiff
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 2977 CIVIL 1995
I
I
I
I CIVIL ACTION - LAW
MORGAN C. HAHN and
MARY HAHN, his wife,
Defendants
PRE-TRIAL MEMORANDUM
I. Facts
The Mechanicsburg Club is a corporation having an address at
33 Heinz Street, Mechanicsburg, Cumberland County, Pennsylvania.
The club owns property in Silver Spring Township, Cumberland
County, Pennsylvania, upon which it has erected several buildings
and facilities for outings and picnics.
The Club's property is adj acent to property owned by the
Defendants, Morgan and Mary Hahn.
Sometime in late 1994 and 1995, the specific times which are
unknown to the Club, Mr. and Mrs. Hahn constructed a fence which is
in excess of several hundred feet.
The property where this fence was constructed is woodland and,
therefore, not easily visible to persons on or around the picnic
fad lit ies.
The fence is located on the property of the Club, being some
seventy (70) feet onto the property of the Club, from the northern
portion of the Club's property. The Club has asked the Defendants
to l-emove the fence, but they have refused to do the same,
necessitating the action filed by the club herein.
II. Witnesses
The Club anticipates calling several of its members to
describe the location of the fence, type and style of the fence,
and also to discuss the general nature of the property as owned by
the Club. In addition, the club will be calling representatives of
Hartman Engineering Co., the company that surveyed the property and
who also is familiar with the location of the fence as it relates
to the Club property.
III. Legal Issues
The Club is unaware of any complex legal issues, this case
being simply a case of Defendants having constructed a fence on the
property of the Club, with the Club now asking that the fence be
removed.
IV. Trial
It is expected that this case will be triEi within one-half
day, since it is a non-jury trial.
V. Other Issues
The Club is unaware of any other issues in this matter,
believing that it is a simple case of construction of the fence on
the property belonging to the Club.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANJfA
THE MECHANIC~nUIW CLllB. INC..
I)llIintiff
I No. 2977 CIVIL 19%
v.
MORGAN C. HAHN IIn,1
MARY HAHN. hi. wifc.,
CIVIL ACTION - LAW
I EQUITY
D.f.nclllnt
PRETRIAL MEMORANDUM
Plaintiff 411I1 D.fe.lllallt MO"llan C. EllA,'ne Hahll OWII a,l;oinillA tractl of woodlalld .
lituate ill SiI,,'r S,trillA Towlllhi,.. Cuml,,'rland Count)'. PNmlyl,ania. Th.le l.arc.11 lie on
Ihe loulh"rn Ilope of Blue ~toulltaill, TIIC. la,"11 of Ihe Plailltiff .ha... a c.ommoll hounda..,.
lint' witl. the lallcll of MO"llan C, EllAent' Hahll. It al'llt'ar. dIal the parti<<'1 daim ownt'rlhip
of a 11lI.1I trianAI,. of wOlllle.llallll nlllll'ri.illA al'J.rn.imalely I./) arrr..
Plaintiff ..!ailll. ill tI". ('ollll.laillt Ihal till' D"fell.lanlo Wc'rr rr""linl! a fem'e UJIt'" the
lalldl of tht' Plaintiff, Th,. O..(".lIlalllo I'OlIlro,,'11 Ihi. a,"1 d.im Ihat thry wrre huildinl the
frm'c- "lltlll thrir OWII lall,I.. Till' malt".. r,'.ol.,.. ih"lf illlo .lrlermillinA th" lo('ation of the
C11ll1moll hOllllllal")' lillr h,'lwe<<'1I thr lall.l. of Plailltiff ami DefellClallt MO"llan C.
EllA.-III' Hahll.
Aillili
PI"illtiff h"N 111",11' 110 "1I"II,,t;oll of c111"~' IlI'illll "II)' ,I"III"II"N. PI"illtiff 0111)' NrrllN
...,licf ill tI", fm'llI of " 1~"IU"Nt to 0.,1,.1' till' D,.f"IIlI"lItN 1'.,1111 ",,'dillll till' f,'m'" ,,11,1 to
rcquh.., tl", [}"f"II,I"lIh to 1~'1II0'" th"t IlUrtioll of till' 1'1'11"" whi"h h",1 hrrll "oIlNtl'Ul1tr,1.
SS ;
LlAillLlTY AND DAMAGES
It iN ""01"'1'1 fu II)' oullllliu,.,1 th"t till' 0111,' iNNur ill ,liollUtr ill thiN 4ctioll io thc
drt"rlllill"tioll of thr I...,,,tioll of thr "011111I011 111'01.,,(1)' ImuIIII,,1')" Ii lie I,etwcrll thc IAIlfI.
of PI"illtiff "1Il1 Drfrml"lIh,
It woul.1 "1'1"'"'' tI."t tllI'I~' A"" two o"I,ar"t" Nurvr)'N fill' tI", IAlIlls of Plailltiff AIIlI
DefelldAllts. It io "111"1'11..1 that thc su.'\'r)'OrN will "I'I"'IlI' allll tCNtif)' 1~'gll...lillg their
survc)' "di.itirN 1l11l1 tI",ia' ....NI...di.r NUl....)' 1,1411..
D.,frllllllll\o calII'd to .how th"t till' III'ot,,'rti"N of till' l'IlI'li,.. to tI.is "...ioll wcre
olll'r IUII'I of" 11l1'I\"I' 11'41'1 of 1411I1 "01114;11;1111 23[) ",',',.. of lall,1 whi.,h WaN ,li.itlc,1 illto
Iwo ."II"I'ate. I,al'\o ill I l)OfJ, wh"1I IIII' 1,,11I1. IIOW oWII.,,1 hy tl", D..f"1I.14I1t 1\101'\l1l1l C.
Eugcllr Hllhll W,..',' "011\"')',.,1 h)' tI". oWII"" of till' wlllll.. 11'/\1'1. III NUlll1ll41')" till'
.
.
THE MECHANICS BURG CLUB, INC.,
Plaintiff
28
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-2977 CIVIL TERM
MORGAN C. HAHN and
MARY HAHN, his wife,
Defendants
CIVIL ACTION - LAW
IN REI PRETRIAL CONFERENCE
At a pretrial conference held Wednesday, June 19,
1996, before the Honorable George E. Hoffer, in this equity
case, Robert G. Radebach, Esquire, represented the Defendants,
and P. Richard Wagner, Esquire, represented the Plaintiff.
Both counsel agree that this case is in equity and
will be tried nonjury in front of an equity judge. The
Plaintiff claims that the Defendants have partially erected a
fence on property which the Plaintiff owns in Silver Spring
Township, Defendants are abutting landowners, who live on the
land. Plaintiff desires this fence to be removed, and, if
resurrected. to be put in the proper spot. Each side has had
the property surveyed and have their surveyors ready to testify
as to the proper location of the fence line. The attorneys
request that the hearing judge conduct a personal view in the
case at an appropriate time. The attorneys indicate that the
case can be tried in one half a day.
The court administrator is directed to assign the
case to one of the three equity trial judges. In the meantime,
each side shall submit to the trial jUdge a complete set of
.
.'
proposed findings of fact and conclusions of law. Plaintiff's
oounsel is directed to file his proposed findings and
conclusions thirty days before the scheduled trial, and defense
counsel shall file his corresponding document, where necessary,
no later than fifteen days prior to trial. Each counsel urges
the trial judge to schedule the case late in August because of
the heavy summer workloads of their surveyor witnesses.
By the Court,
P. Richard Wagner, Esquire
Counsel for Plaintiff
Robert G. Radebach, Esquire
Counsel for Defendants
( t::~.\~ \~=i
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Court Administrator
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PRAECIPE FOR L1STI:'<G C\SE fOI{ ,\RGUIE:"T
I "ust be typewnllen ,md >ubnulled in duplic3le'
TO THE PROTHONOT,\RY OF CUIBERU:"oD coon
Ple:L!e :iu the ','dthln :natter :"oJc 'i.~ ~h~Xt.
I)~e. TrlJJ .-\cfJm.:r.t .....~ _'un
'~ .\r.um~nt (Jun
----------------------------------------------------------------------
CAPTION OF CASE
(enlire ~aplhlR muu be Sl3ted ;n full)
TilE MECIIIINICSBURG CLUB
IPlaIRUlI)
o
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Vs.
MORGAN C. III1I1N and
MARY IIAIIN, his wife
I DeI~nd:1J1l1
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\0, 2977
C\'II
10 .2.L
1, Slale mailer to be .IJ~ued I j, ~.. ,l:unlilTl motion :'or new :naJ,
defend3llt's demurrer to _omplalRl. ~tC,l: Plaintiff I s Exceptions to
Decree Nisi
.
Idenlll)r _ounsel who ,....ill1r~u. _ase:
q) lor i'1.11"ufl: P. Richard Wagner, Esquire
I b) lor delend:un: Ilobert G. Radebach, Esqu i re
3,
I will nollfy ill pames ,n "'t:J1V'l:hJ" ,',V,) Jay' ':lat ,hIS 'JI~ has h~~n
Ult~d lor 1rlum~nt,_
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~----
( . ,',\nJIM~- :~r P] a i nt iff
P. Rlcharrt Waqner, EA'I.
Dated: i;) 'is'
THE MECHANICSBURG CLUB, IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff , :
v. NO. 95-2977
. CIVIL ACTION - LAW
.
MORGAN C. HAHN and .
.
MARY HAHN, his wife, IN EQUITY
Defendant.
'RAJeI'.
TO THE PROTHONOTARY:
Please withdraw the above-captioned matter from the May
Argument List.
Respectfully 8ubmitted,
I TULLY
re
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At~orney for Plaintiff
DATE: At/.A '1/'1 f
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PR,\[CIPE FOR LlST::-'G C\SE r-CR ,\RGUIE:-'T
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TO THE PROTHONOT,\RY OF CUIDERU:-'D C80T':
P!e.ue :ist '.h~ '.\1ttun :~Jt:er :Jr '.~.~ '\~X::
p:,. 7::.ll \lfJ~"~':: :U:'
'-l( ,\rrJr.1tl1t (JI:::
----------------------------------------------------------------------
C.\PiION OF C ,.\5E
(,nure :3puon muSl ~e HJreti ,n :aU)
TilE MECHIINICSBUHG CLUB
I PI1UlUII)
'J,.
MORGAN C. HIIHN and
MARY HIIHN, his wife
lDeitndmll
'f'.
~.o, 2977
'::'..:1
:J12-
I. Slale mailer to ie ui\led, I. t.. ;:'.lll1uifl :;',O:1on :or new:.,:"
jeiendmt'l Jemurm:o :ompllllll,ltC,t: Plaintiff I s Exceptions to
Decree ~lisi
Idenuiy :ounsel 'Nho wwuiUt :::se'
q) lor ;:llInn!':: P. Hichard Wa<1ner, Esquire
lb) lOr ler'endmt: Hobert C. Radebach, Esquire
), I will nour'y ill patnes;n 'r:t~i ,,:~n ",..J nYI '~llt :rul ::se ~:u b..r.
USled r'or ulum.nr,_
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P. Richard Waqncr, Eaq.
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THE MECHANICS BURG CLUB,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-2977
v.
CIVIL ACTION - LAW
MORGAN C. HAHN and
MARY HAHN, his wife,
IN EQUITY
Defendants
EXCEPTIONS OF PLAINTIFF TO THE DECREE NISI
OF THE COURT OF APRIL 4, 1997
NOW comes the Plaintiff and files the following exceptions to
the April 4, 1997 Decree Nisi of the Court of Common Pleas, as
follows:
1. The Court erred in adopting the survey of Grove for the
following reasons:
a. Of the four (4) dimensions and the four (4)
distances in the deed of Hahn, Grove admitted that
he did not follow the deed of Hahn in seven (7) of
those eight (B) calls;
b. Grove further admitted that of the four (4) corners
of the property as it relates to monuments, he only
utilized one (1) in his survey and self-created the
other three (3);
c, The Grove survey does not conform except in one
respect to the deed of Hahn and its predecessors;
d. The Grove survey improperly extended the easten}
boundary from the deed description of sixteen
hundred, eight.y-three feet (1GB)) to one t.holJElilnd
seven
hundred
twenty eight.
ilnd
nevent y' r!iqht
hundredths feet (1728.78) [or forty-five (45) feet
longer], in order to justify closure of the survey;
e. Grove artificially extended the eastern boundary,
thus creating the overlap between both parties'
deeds as a self-serving action to justify his own
survey;
f, The Grove survey utilized a re-bar in the southeast
corner, which re-bar did not exist up until 1996,
as a self-serving monument that is not consistent
with any surrounding surveys of any other
properties;
g. The Grove survey surveyed only the Hahn property,
did not utilize any of the dimensions, metes and
bounds or monuments in the deed save the
aforementioned, and did not include a survey of any
surrounding propert ies, a 11 of which Plaint if f' s
surveyor did;
h, The Plaintiff's surveyor not only surveyed the Hahn
property, but also the Club property, was involved
with the survey of the property north of the Hahn
property, which said survey specifically found the
northeast corner that was not found by Grove, and
further surveyed some twenty (20) to twenty- five
(25) sUITounding properties as part of the
development of this al'ea;
1. The Grove survey is inconsi stent wi th any deed
description of any surrounding properties and
which. if adopted, would adversely impact on some
twenty (20) to twenty-five (25) other properties in
or around the area.
2, The Court erred in failing to consider that there was no
overlap of the deeds, failed to consider that an abstractor
testified that there was no overlap of the deeds from the original
grantor in 1906 and 1907 respectively, and that the overlap was
created by the self-serving survey of Grove.
3, The Court erred in failing to consider that there was no
overlap of the deed descriptions, and that the overlap existed
solelv because of the survey of Grove which extended the eastern
boundary of the deed some forty-five (45) feet in length.
4, The Court failed to recognize that the area in dispute
was created by the self-serving survey of Grove, which artificially
created three (3) monuments and extended the distances of both the
northern Hahn deed description and the eastern Hahn deed
description, which by said extensions inconsistent with the deed
description, artificially created the overlap of property which is
the subject of the dispute,
5, The Court erred in failing to consider that when plotted,
the deed of Plaintiff and Defendant does not overlap as against the
principal tract owned by the common grantor, Mary Dixon,
6, The COUl't of Common Pleas el'red in failing to consider
that the surveyor of the Plaintiff based his conclusions on three
(3) monuments that are contained in the Hahn deed and were in fact
found by the Plaint iff's surveYOl-, while the Defendant's surveyor
artificially created three (3) of the four (4) monuments.
7. The Court failed to consider the description of the
northern boundal-y of the Club property which has a distance which,
if applied to the omitted distance in the Hahn deed, would cure the
problem, which the Court otherwise failed to consider,
8. The Court failed to consider that in finding of fact 22,
while the stones do not currently exist, the monument of stones at
the northeast corner of the Hahn property existed during the other
surveys conducted by Hartman of properties north and east of Hahn,
9. The Court further failed to consider that the southeast
corner of the Hahn property had been previously found and utilized
by Hartman as a stake in stones, while Grove's survey artificially
created a reinforced bar, which said bar is inconsistent with any
other surveys on the property,
10. The Court erred in failing to apply the law as it exists
in determination of the dispute in that the Hartman survey relies
on three (3) monuments, which had existed in prior surveys that
were performed by Hartman, further the Hartman survey relies on
courses and distances in the deed, further it is closer to the
quantity of land as was intended by the original deed in 1906,
11. Contral-y to the pl'evailing law as it relates to the
methud of resolving disputes by way of deed descriptions, the Court
relied on a survey of Grove which utilizes only one (1) monument
and only Ol1e (]) cOllnw and distance in the deed of Hahn, and
othel"wise cnhltes all utiI<'I Illt'nlllllenl II and d II ul h", "UIIII"''' and
distances inconsistent with IIIP d,...d dnd f\lltll..1 In"I..dll"1I tli.'
quantity of land bl'yond thaI '''"ltai'll'd In Iii.. d....d,
12. The Coull lail..d to .'oml'lelely ""'"lld.., tli,lt 111" pIIIIl.IlY
isstle as it: ndilleH 10 Illill .1ll..""d nVI'llal'l'"d 1'1".',' "I '1''''llld
relates to the lenqt h 01 I II(! "'llll "III bOllnddl y IJI I Ill' 1I,lIn1 d",'d,
That eastenl bO'lIldalY lu l'''nt alll"d ill t h., d""d I,y nlll Illlly till'
description 01 It'nqlh bill aluo ill df'uCI Ipt iun ul ""Ill u'~, Till' (")(11 I
disregarded tlie def.d Inl>olh ,""11 Ill' dnd d1I1liln",' in .1lilJl'lln" Ih.'
Ol"ove survey. which Iltilized a dlntalH'f> 01 flllly Ilv,. ('11,) 1",,1
more than conta I ned in I)", dppd,
13. The COUlL 'llled III fililill(! to 1'lJllllidl'1 Ihal It lu lIlol"
appropriate to change a I in" by addill'l Jen'll h 10 III III" l'IIJIlIIIl' ,"
a deed. than to pennlt Hlqnillc'1II1 nth"l 1'1"11I""11 whll'll dlt"l \Jtller
provisions of tile deed ill \Jld"1 to I'lovid.. ('1'''11111',
14. Tile COlli I Pried in l.1illllfj I" I""""nl~" 11".t 111" Illllllt' III
UQl an oVel"lap of I't"pell y IJlII ,:ulIlll it III "Il d dlul'"I" 1"IIII'd "1"'11 it
self.servin9 mnvflY 01 lJl"VP ^"tl,,,'i.II"'I. whi.'1l ill tolally
inconsistent with the de,'d IJr MI lIallll,
1~, The COIIII "II..d ill 1,,>111 "Xl "lIdillQ 111,' 1l'>IIIII""II11"lIlilillY
of the lIalln de"d .W wI'li ,," 1"'11!1111 ill'1 .. 0110111'1" ill I II.. 1'''.111111111.
which compO\IIJded iI lilllI", ".wy 11,,1111 i'>l1 I" Iii" ,'j",,,",, 1""ldem.
If" Tlie (""lIt 11I11h"l "II",j III 1.lilill'l I.. ";'lIl1ld"1 1II'lt MI
Olt1Vf' hlmll,'lt ..dmlll..d 111..1 II", .'1',,"1," 1""1.1,,," Willi II.. IIl1l1n
pl"P"1 tY III ..t I h,. 11<>lIIIIW"1l1 ""III"I',f II., 11..111, 1,1 "1"'1 I y. "'" the
lH)\Jth(~ilHI l'IJlI\P1, Whll_'ll ill j'('!lillil'll wI'11 flut i.1 IIH l'llIt flit'i'lud
p. 99),
17, The Court further failed to consider that Mr, Grove
admitted that his survey is not consistent with his client's deed,
(Record p, 92)
lB. The Court further erred in failing to consider that the
southern boundary of the Hahn property, while it omits a distance,
is consistent with the description of the northern line of the club
property which contains the same bearing as the Hahn deed, so that
if the same bearing were properly applied, the area in dispute
would not exist.
19, The Court further erred in failing to consider that not
only did Mr. Hartman find the stone pile in 197B, 1991 and 1994,
which is at the northeast corner of the property, and failed to
consider that other witnesses, including Mr, Swartz, also saw that
same stone pile.
20, The Court erred in relying on the southeast corner of the
property to be are-bar, whfm evidence revealed that the re-bar did
not exist up until 1996 and was a self-serving placement of a
monument to bulwark the Grove survey,
21, The Court furthel' failed to consider that the Grove
survey utilized a monument in the northeast corner of the property
in the form of a Rock Oak Tree (Record p, 90), which is not
contained as a monument in the lIahn deed (Record p. 91), and
further is based upon a distance that is not consistent and longer
than that which is called fOl' in the Hahn deed (Record p, 91),
THE MECHANICS BURG CLUB,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-2977
v.
CIVIL ACTION - LAW
MORGAN C. HAHN and
MARY HAHN, his wife,
IN EQUITY
Defendants
CERTIFICATE OF SERVICE
I, p, Richard Wagner, hereby certify that on this date a true
and correct copy of the foregoing document was served on all
interested parties by first class mail, postage prepaid, at
Harrisburg, Pennsylvania, addressed as follows:
Robert G, Radebach, Esquire
107 Locust Street
Harrisburg, PA 17101
Date:
~' /
~: Ri~ Eoq.
,-
THE HECHANICSBURG CLUB, INC., I
Plaintiff I
I
I
I
I
I
I
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
MORGAN C. HAIlN and MARY
HAHN, husband and wife,
Defendants
NO. 95-2977 CIVIL TERM
AND NOW,
IN REI ADJUDICATION
BEFORE OLER. J.
DECREE NISI
this '\ ,\l, day of April, 1997, upon consideration of
Plaintiff's complaint in the above-captioned matter, following a
trial before the court, and for the reasons stated in the
accompanying opinion, the Court finds in favor of Defendants and
against Plaintiff, and Plaintiff's complaint is dismissed.
BY TilE COURT,
J.
.
P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
Robert G. Radebach, Esq.
107 Locuet Btreet
Harrisburg, PA 17101
Attorney for Defsndants
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THE MECHANICS BURG CLUB, INC.,
Plaintiff
v.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MORGAN C. HAHN and MARY
HAIIN, husband and wife,
Defendants
NO. 95-2977 CIVIL TERM
IN REI
ADJUDICATION
BEFORE OLER, J.
OPINION and DECREE NISI
Oler, J., April 4, 1997.
This case in equityl arises out of Defendants' construction of
a fence on land claimed by both parties.
A trial was held before
the undersigned judge on October lB, 1996.
For the reasons stated in this opinion, the court will find in
favor of Defendants and Plaintiff's complaint will be dismissed.
FINDINGS OF FACT
1. Plaintiff is the Mechanicsburg Club, Inc., a Pennsylvania
corporation having its headquarters in Mechaniceburg, Cumberland
County, Pennsylvania,' the club is a social and community service
organization, with 3,000 members.'
This action was commenced in law, but both
agrsed that it should be regarded as an equity case.
conference order, June 19, 1996 (Hoffer, J.).
counsel have
See pretrial
It is noted that counsel for Plaintiff submitted a post-
trial brief, and proposed findings of fact and conclusione of law,
on behalf of Plaintiff. Defendants' counsel has not done so as of
the filing of this opinion.
, Plaintiff's complaint, paragraph 1, Defendant' e answer,
paragraph 1.
N.'f. 5, Trial, October 1B, 1996 (hereinafter N.T. _I.
THE MECIIANICSBURG CLUB, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
MORGAN C. HAHN and MARY
HAHN, husband and wife,
Defendants NO. 95-2977 CIVIL TERM
IN REI ADJUDICATION
BEFORE OLER, J.
OPINION and DECREE NISI
Oler, J., April 4, 1997.
This case in equityl arises out of Defendants' construction of
a fence on land claimed by both parties.
A trial was held before
the undersigned judge on October 1B, 1996.
For the reaeons stated in this opinion, the court will find in
favor of Defendants and Plaintiff's complaint will be dismissed.
FINDINGS OF FACT
1. Plaintiff is the Mechanicsburg Club, Inc., a Pennsylvania
corporation having its headquarters in Mechanicsburg, Cumberland
County, Pennsylvania I , the club is a social and community service
organization, with 3,000 members.'
This action was commenced in law, but both counsel have
agreed that it should be regarded as an equity case. See pretrial
uonference Qrder, JU(lero19 , 1.996r(Uoffer'l J')'J . .1'1 . '1rl
C 1ncl 'f>"~~ ,.\....\~t1' U' t:~~ '^~ tGl) l/'=.l',~~ .......) J sJIo....dll
It is noted that counsel for Pl.aA'\tiff ill&1 a post:~=i~ I
brief, on behalf of ~laintiffl' DefendanytJ coun~el Q4:d- not C\t7c....5c
..ud~~s. 413 t~(.. r;(,..'ucd fl.,1~ O'pl"ll~ ~,~
, Plaintiff's complaint, paragraph 11 Defendant's answer,
paragraph 1.
N.T. 5, Trial, October 1B, 1996 (hereinafter N.T. _I.
NO. 95-2977 CIVIL TERM
2. Defendants are Morgan C. Hahn and Mary Hahn, adult
individuals and husband and wife, having an address of R.D.
Mechanicsburg, Cumberland County, Pennsylvania.'
3. Plaintiff owns a certain tract of mountain land in Silver
Spring Township, cumberland County, Pennsylvania, east of
Sterrett's Gap and west of Miller's Gap Road.'
4. Defendant Morgan C. Hahn owns a certain tract of land
adjoining, and immediately above (north of), Plaintiff's land.'
5. These tracts consist primarily of unenclosed woodland.'
6. A common grantor (Mary Jane Dixon) once owned land that
encompassed both tracts.'
, Plaintiff's complaint, paragraph 2; Defendant's answer,
paragraph 2.
, See Plaintiff's Exhibit 1, Trial, October 18, 1996
(hereinafter Plaintiff's/Defendants' Exhibit ___I (desd from Jacob
H. Miller to The Mechanicsburg Club, dated April 27, 1978);
Defendants' Exhibit 2 (boundary survey prepared by Grove A
assooiates Engineers & Surveying, dated June 30, 1994 [looation
plan block]); cf. N.T. 49.
, See Plaintiff's Exhibit 2 (executrix's deed from Elizabeth
Reist to Morgan C. Eugene Hahn, dated May 14, 1975); Plaintiff's
Exhibit 5 (plan prepared by Hartman & Assoc., Inc., dated octobsr
3, 1996).
In this opinion, perches have been converted to feet and
acres.
N.T. 52.
Defendants built a home on the tract owned by Defendant
Morgan C. Hahn in 1989 or 1990, and reside there. N.T. 66.
B See Defendants' Exhibit 1 (plan prepared by A.B. Rupp,
dated August 16, 1906); Plaintiff's Exhibit 1 (deed from George
2
NO. 95-2977 CIVIL TERM
12. Plaintiff's predecessors in title conveyed away 3.09
acres of their land."
13. In theory, Defendant Morgan C. lIahn should thus own a
tract of 68.25 acres and Plaintiff should own a tract of 164.17
acres.
14. A fisld survey (performed on behalf of Defendants) of the
tract owned by Defendant Morgan C. Hahn concluded that the tract
comprised 68.74 acres - about half an acre more than might have
been expected."
15. A field survey (performed on behalf of Plaintiff) of the
tract owned by Plaintiff concluded that the tract comprised 165.248
acres - about an acre more than might have been expected."
16. A strip of about an acre and a half along the boundary
between the two tracts ie in dispute pursuant to the surveys, 11
It See Plaintiff's Exhibit 1 (dsed from Jacob II. " Beulah O.
Miller to Joseph" Violet B. Barrick, dated March 11, 1949/ deed
from Jacob II. Millsr et ux. to Charles E. Mumma, dated March 12,
1949/ deed from Jacob II. Miller and Beulah O. Miller to Donald C.
Rimmer, dated March 27, 1970).
" See Defendants' Exhibit 2 (boundary survey prepared by
Grove Associates Engineers" Surveyors, dated June 30, 1994).
U See Plaintiff I s Exhibit 3 (survey prepared by Hartman
Assoc., Inc., dated March 3, 1978).
Neither surveyor appears to have surveyed both properties.
Plaintiff's Exhibit 4 is, ae it indicatee, a deed plot of the lIahn
tract, not a field survey.
11 See Defendant's Exhibit 2 (boundary survey performed by
Grove Assooiates Engilleera " Surveyors, dated June 30, 1994)1 see
also plaintiff 'e Exhibit 5 (plan prepared by lIartman " ADsoa.,
Ina., dated Oatober 3, 1996).
4
NO. 95-2977 CIVIL TERM
suggesting that the initial overall acreage esti~ate at the time of
the conveyances by the conunon grantor was probably accurate.
17. No distance is provided by deed description for the
southern line of the lIahn property, however, a distance of 1650
feet appears in Plaintiff's chain of title for this conunon
boundary. 18
lB. Within the last several years, Defendant Morgan C. lIahn
has cut timber within the disputed areal I. in 1994 or 1995,
Defendants constructed a barbed wire fence within the disputed
area.20
19. A sawmill which was operated by a predecsssor in title of
Defendant Morgan C. lIahn (his father) before his death in 1970 was
located in the disputed area."
20. Several blazed trees may be found within the disputed
area, at least one being on the line suggested by Defendants'
surveyor."
10 See Plaintiff's Exhibit 2 (executrix's deed from Elizabeth
Reist to Morgan C. Eugene Hahn, dated May 14, 1995), Plaintiff's
Exhibit 1 (deed from James A. Potteiger et ux. to Jacob II. Miller
et ux., dated December 7, 1914).
It
N.T. 7-BI 75.
,. Plaintiff's complaint, paragraph 5, Defendants' answer,
paragraph 51 N.T. 52, 70, 761 Plaintiff's Exhibit 5 (plan prepared
by lIartman & Assoc., Inc., dated October 3, 1996).
'I
N.T. 6B-69.
" Soe Plaint if f' s ExhiLit 5 (plan prepared by lIartman &
Assoc., Inc., dated Oclober 3, 1996).
5
NO. 95-2977 CIVIL TERM
21. Defendants' surveyor found and utilizedll a monument
(stones) constituting the starting point in the deed for the Hahn
tract - said monument being at the northwest corner of the tract/"
this monumsnt also appears in a 1906 survey of the common grantor's
land. ,.
22. A monument in the form of stones at the northeast corner
of the Hahn tract no longer exists."
23. Defendants' surveyor found and utilized a reinforced bar
or field post as the southeast corner of the tract owned by
Defendant Morgan C. Hahn,21 by way of contrast, Plaintiff's surveyor
found and utilized a stake in stones for the northeast corner of
the tract owned by Plaintiff (and by implication for the southeast
corner of the Hahn tract)."
'I See Defendants' Exhibit 2 (boundary survey prepared by
Grove Associates Engineers' Surveyors, dated June 30, 1994).
,. See Plaintiff's Exhibit 2 (executrix's deed from Elizabeth
Reist to Morgan C. Eugene Hahn, dated May 14, 1975).
,. See Defendants' Exhibit 1 (plan prepared by A.B. Rupp,
dated August 16, 1906).
,. N.T. 100/ see Plaintiff's Exhibit 2 (executrix's deed from
Elizabeth Reist to Morgan C. Eugene Hahn, dated May 14, 1975)/
Defendants' Exhibit 2 (survey prepared by A.B. Rupp, dated August
16,1906).
" See Plaintiff's Exhibit 5 (plan prepared by Hartman ,
Assoc., Inc., dated October 3, 19961/ Defendants' Exhibit 2
(boundary survsy prepared by Grove Associates Engineers ,
Surveyors, dated June 30, 19941.
II
See Plaintiff's Exhibit 3 (survey prepared by Hartman'
Inc., dated March 3, 1978).
Assoc. ,
6
NO. 95-2977 CIVIL TERM
24. Although neither the bar/post nor the stake in stones is
mentioned as a monument for that corner in the deed to the tract
owned by Defendant Morgan C. Hahn," the resultant (disputed) conunon
boundary line drawn by Defendants' surveyor (1687.69 feet) is
closer in distance to that called for in Plaintiff's chain of title
(1650 feet) than is the line drawn by Plaintiff's surveyor (1702.31
feet) .'.
25. The resultant western boundary line of the Hahn tract, as
drawn by Defendants' surveyor, from its point of intersection with
the (disputed) southern boundary line to the aforesaid monument of
stones (ths place of beginning) is precisely consistent in distance
(1650 feet) wJ.th the distancs provided for by deed."
26. Neither survey of the tracts at lssue herein matches
exactly the deed descriptions in terms of courses and distances,
,. See Plaintiff's Exhibit 2 (executrix's deed from Elizabeth
Reist to Morgan C. Eugene Hahn, dated May 14, 1975).
,. See note 18 supra and accompanying text, Defendants'
Exhibit 2 (boundary survey prepared by Grove Associated Engineers
& Burverors, dated June 30, 1994) I Plaintiff's Exhibit 2
(executr x's deed from Elizabeth Reist to Morgan C. Eugene Hahn,
dated May 14, 1975) I Plaintiff's Exhibit 3 (survey prepared by
Hartman & Assoc., Inc., dated March 3, 1978) (indicating l650-foot
boundary in Plaintiff's chain and 1702.31-foot length determined by
Plaintiff's surveyor).
.. See Defendants' Exhibit 2 (boundary survsy prepared by
Grove Associates Engineers & Surveyors, dated June 30, 1994),
Plaintiff's Exhibit 2 (executrix'B deed from Elizabeth Reist to
Morgan C. Eugene Hahn, dated May 14, 1975).
7
NO. 95-2977 CIVIL TERM
both surveys have undertaken to achisve a general adherence to the
Bame.!2
27. After careful consideration of all of the evidence in the
case, the court finds that the survey prepared by Grove Associates
Engineers & Surveyors, titled Boundary Survey Morgan Ilahn Tract,
and dated June 30, 1994, Il is an accurate depiction of the tract
owned by Defendant Morgan C. Ilahn.
28. The aforesaid fence erected by Defendants in the disputed
area does not represent an incursion into Plaintiff's land.
DISCUSSION
"The question of where a boundary line actually is located is
a question for the trier of fact." Schlmp v. Allaman, 442 Pa.
Super. 365, 368, 659 A.2d 1032, 1034 (1995).
Of the two tracts at issue in the present case, ths traot
owned by Defendant Morgan C. Ilahn was the earlier recorded
conveyance from the common grantor. Where a conflict exists, this
tract will prevail over the later one." The main focus of the
inquiry should thus be upon the extent of the Hahn grant.
l2 See Plaintiff's Exhibit 3 (survey prepared by Hartman &
Assoo., Inc., dated March 3, 1978)1 Defendants' Exhibit 2 (boundary
survey prepared by Grove Associates Engineers & Surveyors, dated
June 30, 1994)1 Plaintiff's Exhibit 2 (executrix'S deed from
Elizabeth Reist to Morgan C. Eugene Ilahn, dated May 14, 1975).
Il
Defendants' Exhibit 2.
..
Wallelgh v. Emery, 193 Pa. Super. 53, 163 A.2d 665 (1960).
8
NO. 95-2977 CIVIL TERM
Rules of construction with respect to the description of
propsrty conveyed in a deed have been summarized as followSI
In general, permanent monuments such as a
"run," a creek or a township road will prevail
over coursss and distancos when there is a
conflict. This rule is very ancient.
Monuments will likewise prevail over calls for
adjoinders, which, however, prevail over
inconsistent courses and distances. But a
stake or post long gone is not such a monument
as is controlling. The monuments must be
certain as to existence and location in order
to control. If they are doubtful, resort will
be had to courses and distances, although
parol evidence is admissible to show the
existence of the monuments. So, courses and
distances will prevail over part of an
adjoining building, not essential to the
description, whioh projects across the
boundary line established by the courses and
dietances. And maps, plats or field notes
referred to in the desoription, are regarded
as incorporated into the description and stand
on an equal footing with monuments. Quantity
of the land (e.g., acreage) is considered as
the least certain and yields to other
description if the latter is olear. This is
especially so where the acreage recited is
stated to be "more or less." But if the
actual looation of the boundary is in doubt
and the writing contains no records to fix the
line definitely, the acreage beoomes a
material factor in dstermining the intention
of the parties, which is the purpose making
these rules of construction necessary. In
such a case, even the words "more or less" are
regarded as only words of safety and
precaution to cover some sight or
unintentional inaccuracy, and uncertainties of
description are subject to the general rule
that a doubtful meanIng will be construed most
strongly against the grantor.
1 Ladner, Conveyancing in Pennsylvania S9.04(e), at 14-15 (4th ed.
1979) (footnotes omi Hud I.
9
NO. 95-2977 CIVIL TERM
In the present case, several factors havs led the court to
accept the opinion of Defendants' surveyor as to ths location of
the disputed boundary. First, the surveyor performed a field
survey of the entire tract which is the main focus of the present
inquiry.
Second, the survey includes the following attributes I (a) a
found monument in the northwest corner of the tract, (b) a western
boundary line exactly equal in length to that called for in the
deed, (c) an eastern boundary line with a southern terminus at a
previous surveyor's mark, (d) a general (although not preche")
adherence to coursss provided for in the deed, (e) a resultant
(disputed) southern boundary line having a distance more nearly
equal to that specified in Plaintiff's dsed chain than the line
proposed by Plaintiff's surveyor, and (f) a resultant acreage of
the tract more nearly equal in amount to that specified in the deed
than the acreage which may be inferred from Plaintiff's proposed
boundary.
Third, the history of the disputed area in terms of blazed
trees and operation of a sawmill by a Hahn predecessor in title
does not support the line proposed by Plaintiff. Although the case
is admittedly a difficult one, the court will for these reasons
confirm the boundary line advocated by Defendants.
"
See note 32 supra and accompanying text.
10
NO. 95-2977 CIVIL TERM
CONCLUSIONS OF LAW
1. The court has jurisdiction over the parties and subject
matter of this dispute.
2. The survey prepared by Defendants' surveyor having been
found to accurately define the boundary line between Plaintiff's
tract and that of Defendant Morgan C. Hahn, Plaintiff's complaint
based upon an alleged incursion of Defendants by means of a fence
upon Plaintiff's property must be dismissed.
DECREE NISI
AND NOW, this 4th day of April, 1997, upon consideration of
Plaintiff's complaint in the above-captioned matter, following a
trial before the court, and for the reasons stated in the
accompanying opinion, the Court finds in favor of Defendants and
against Plaintiff, and Plaintiff's complaint is dismissed.
BY THE COURT,
sJ J. Wes1ev Oler. Jr.
J. Wesley Oler, Jr., J.
P. Richard Wagner, Esq.
2233 North Front 6treet
Harrisburg, PA 17110
Attorney for Plaintiff
Robert G. Radebach, Esq.
107 Locust Street
Harrisburg, PA 17101
Attorney for Defendants
Irc
11
TIlE MECllANICSBlllW
CLlJB.INC..
Plnintill'
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COIJNTY.PENNSYLV ANIA
v.
CIVIL ACTION. LAW
MORGAN C, IlAIlN nnd
MAR Y IIMIN. hushnnd IUlll
wile.
NO, 95-2977 CIVIL TERM
Dcfendllnts
IN RE: PLAINTIFF'S EXCEPTIONS TO DECREE NISI
BEFORE OLER nnd GUIDO, JJ,.
ORDER OF COURT
AND NOW. this "tt.dny of Jllnullry. 1999, nHcr cnrcful cllnsidcration of the
Exceptions of PllIinlilT to the Dccrce Nisi ofthc Court of April 4, 1997, thc cxccptions nre
dismisscd on the bllsis llfthc opinion which nccompnnied thc dccrcc nisi. and thc Dccrcc Nisi
dated April 4. 1997. is entcred liS II Final Decree.
BY THE COURT.
1', Richard Wagner, Esq,
2233 North Front Streel
Harrisburg. I' A t 7 t IO
Attorney for PlllintilT
(0 .j. .~J'>-I "
.
( H~th..l ,A..
I//lh'l,
"'\ ',.
Rllbcrt (l, Radcbllch. Esq,
107 Locusl Slrcct
Harrishurg. I'A 1710 I
Attorncy fiJr Dcfendants
:rc
. Ilcss. J.. did not pnrtlciplllc Inthc consldcrntion or disposition (If Ihis CIISC.