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Home My WebLink About95-06695 'I. )'" ;;:,! 'v,::-" "-3 '~ I . '. " : IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA LtmIER W. SLACX, MARIE E. GROHAC, HAROLD R. CALAHAN, SUSAN M. CARVER, MERLE L. GAYMAN, ANTHONY GROHACX, MARIE I. GROHACX, RICX HOOVER, LYlfN HOOVER, CHARLES A. JOHNSON LISTER I. KOTZMOYER, ROY A. LINDSTROM, KIMBERLY J. LINDSTROM. MARY M. NICOLL, ALITHIA R, : MILLER, ROBERT S. ROYER, : AUDRA L. CLDlENTS, DAVID J. : RUSSELL, MARY RUSSELL, EARL : 8. SWARHER, JR., : NO Ct,- (-L nc: ,)-u; '-'.) CIVIL T-t \1'\ PETITIONERS . . . . v.. . . . . CHARLES B. CALAHAN, STEWART A, HEISHMAN, RAYMOND JtlIIPER, LO TEMP. CORP., JAJIIS K. MYERS ELIZABETH A. MYERS, JONATHAN G. : LANG AND LISA H. LANG, TERRY L. ARBEGAST, CLIFFORD AND CONNIE CORNMAN, TERRY A. AND MADELINE L. HEICHEL, WILLIAM S. AND JENNIFER E. ORTIIYER, . . . . . . . . . . . . . . . . RESPONDENTS . . .OTIC. TO .LDD You have been .ued in court, It you wish to detend again.t the claim. .et torth in the tollowing pag.., you mu.t take action promptly atter this Petition, Order and Notice are .erved, by appearing per.onally or by attorney at the hear.ing scheduled by the court and pre.enting to the Court your detenses or Objection. to the claims set torth against you. You are warned that if you fail to do .0 the Court ..y proceed without you, and a judgment aay be entered again.t you by the Court without turther notice for any .oney claimed in the petition or for any other claim or relief reque.ted by the plaintitt. You may lose money or property or other right. i.portant to you. YOU 8HOULD TU. THI8 pun TO YOUR LAnD AT OKCI. U 'IOU DO MOT IlAVI A LAnD OR CAJOIOT AFrORD OKE, GO TO OR TEL.PHon DI orrICI 81T rORTH BILOW TO rIND OUT WHERE YOU CAR OET LIGAL .ILP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)240-6200 .. LUTHER W. BLACK, MARIE E. GRODCK, HAROLD R. CALAJO.H, SUSAlI K. CARVER, IURLE L. GAYMAH, ANTHONY GRODCK, KARIE E. GROMACK, RICK HOOVER, LYNN HOOVER, CHARLES A. JOHNSON, LESTER E. KOTZKOYER, ROY A. LINDSTROM, ll:IMBERLY J. LINDSTROM MARY K. NICOLL, ALE'l'HIA R. MILlaER, ROBERT S. ROYER, AUDRA L. CLEll!NTS, DAVID J. RUSSELL, MARY RUSSELL, EARL B. SWARNER, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO (I~- ). (!il~15 CIVIL PETITIONERS . v.. CHARLES B. CALAHAN, STEWART A. HEISHMAN, RAYMOND JUMPER, LO TBKP. CORP., JAKES K. MYERS ELIZABETH A. MYERS, JONATHAN G. LANG AND LISA H. LANG TERRY L. ARBEGAST, CLIFFORD AND CONNIE CORNMAN, TERRY A. AND MADELINE L. HEICHEL, WILLIAM S. AND JENNIFER E. ORTMYER, . . . . . . . . RESPONDENTS . . PETITION TO VACATE AND AWARD REAL ESTATE AND NOW, come the petitioners by their attorneys, Duncan' . otto, P.C. and make the followinq Petition: 1. Petitioner. are all sui juris indi?iduals who reside in CUmberland County, Pennsylvania. 2. Respondents are all sui juris individuals with the exception of La Temp Corp. which is a Pennsylvania corporation also known as Colonial Industrial Refriqeration. Charles B. Calaman reside. at 10 Stone Church Road, carlisle, Cumberland county, Pennsylvania. Stewart A. Heishman resides at 1162 Newville Road, carlisle, cumberland county, Pennsylvania. Raymond Jumper resides at 1174 Newville Road, carlisle, cuaberland county, Pennsylvania. Jonathan G. and Lisa H. Lang reside at 1154 Newville Road, Carlisle, Cumberland County, Pennsylvania. James K. and Elizabeth A. Myers reside at 1152 Newville Road, Carlisle, CUmberland County, Pennsylvania. Terry L. Arbegast resides at 1178 Newville Road, carlisle, Cumberland County, PennsYlvania. Clifford and Connie Cornman reside at 121 Clover Lane, Carlisle, Cumberland County, Pennsylvania, Terry D. and Madeline L. Heichel reside at 1176 Newville Road, Carlisle, cumberland county, Pennsylvania, William S. and Jennifer E. Ortayer reside at 1186 Newville Road, carlisle, Cumberland County, Pennsylvania, Colonial Industrial Refrigeration, R.D.#2 Box 114, Hummelstown, Dauphin county, Pennsylvania, is the addres. for La Temp. corp. 3. Petitioners and Respondents are all record owners of land situate in North Middleton TownShip, Cumberland county, pennsylvania .ore particularly described on a subdivision plan entitled "Westminster Manor" as recorded in Cumberland County Plan Book No.3 Page 67, a copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. The tract of land described in the aforesaid SUbdivision plan contains an unopened sixteen (16) foot wide private alley along the southern boundary of said tract, a sixteen (16) foot wide alley between lots 10 and 11, a sixteen (16) foot wide alley between lots 20 and 21, and a sixteen (16) foot wide alley between lots 30 and 31. 5. The Township of North Middleton has never accepted the aforesaid sixteen (16) foot wide alleys and said alleys have not been opened since laid out on the plan of "Westminster Manor". 6. The alleys have remained unopened and unused for more than fifty years. 7. The Petitioners and Respondents are the present owners of lots shown on the plan which adjoin said alleys. 8. The Petitioners wish to waive, release, terminate and discharge all rights of the adjoining lot owners in the unopened sixteen (16) foot wide alleys as shown on the plan of "Westminster Manor". Consents to this action are attached hereto, and incorporated by reference and marked Exhibit "B". 9. The Petitioners wish to extend their lots to include the portions of the unopened alleys adjacent thereto. 10. The Respondents will also benefit from this order by the extension of their lots as well. 11. The Petitioners have no knowledge that anyone opposes this request on the merits. NOW THEREFORE, Petitioners pray this Honorable court i.sue a Rule to Show Cause to Respondents as to why it should not vacate the aforesaid alleys as set forth on the plan of "Westminster Manor" as recorded in cumberland County plan Book 3 Page 67 and grant unto the adjoining landowners that land adjoining their lots, more specifically for those landowners with a sixteen (16) foot alley to the rear, their lots shall extend sixteen (16) feet to the rear of the aforesaid plan; for those lot owners with alleys along their east and west sides, their lots shall extend eight (8) feet to the center of the unopened alley, all of which to be recorded and indexed at the Recorder of Deeds office in CONSENT TO WAIVING PRIVATE RIGHTS TO UNOPENED ALLEY' S WHEREAS, William J. Fetter was at one time the owner of a tract of land in North Middleton Township, Cumberland County, pennsylvania, which he subdivided into various lots, streets and alley's, all as more particularly shown on a subdivision plan entitled "Westminster Manor" as recorded in CUmberland County Plan Book No.3, Page 67; and WHEREAS. said tract includes an unopened sixteen (16) foot wide private alley along the southern boundary of said tract, a sixteen (16) foot wide alley between lots 10 and 11, a sixteen (16) foot wide alley between lots 20 and 21, and a sixteen (16) foot wide alley between lots 30 and 31; and WHEREAS, the Township of North Middleton has never accepted said sixteen (16) foot wide alley's and said alley's have not been opened since laid out on the plan of "Westminster Manor;" and WHEREAS. said alley's have remained unopened and unused for more than fifty years and the present owners of lots shown on said plan which adjoin said allcy'o deaire the freedom to change, revise or abandon any part or all of said alley's; NOW, THEREFORE, it is hereby agreed by and between all of the owners of lots shown on the plan of "Westminster Manor" recorded in Plan Book No.3, Page 67, intending to be legally bound hereby, as follows: 1. We waive, release, terminate, and discharge all rights which we may have in the unopened sixteen (16) foot wide alley's as shown on the plan of "Westminster Manor" recorded as .', ' horeinbefore set forth. 2. We agree to extend our own lots to include the sixteen (16) foot wide portion of the unopened private alley that is directly to the rear of our property, and for those properties with alley's along their east and west sides, we agree to let the adjacent property owners extend their lots to include eight (8) feet of the unopened private alley at the sides of their property, and lot 1 shall be extended sixteen (16) feet to the east to include the proposed alley at the end of the plan. IN WITNESS WHEREOF, to be duly executed this the parties rIA. (p day of have caused this agreement .'::J.;v-JCL , 1995. ~ ~ .. ~ Lynn E. Hoover, Jr. STATE OF GEORGIA: II I~ SS. COUNTY OF ..,..,.,STV" On this, the to day of .Jc.,n.t.. , 1995, before me, a Notary Publi9, the undersigned officer, personally appeared L~n" t5 'IJOtJ~", Jr (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an official seal. g at~~ No ary Public (j,mrn/s s 'DAl J...I.fI ~5 ! j).e CU'n Au yo .:I". /99 i CONSENT TO WAIVING PRIVATE RIGHTS TO UNOPENED ALLEY'S WHEREAS, william J. Fetter was at one time the owner of a tract of land in North Middleton Township, Cumberland County, Pennsylvania, which he subdivided into various lots, streets and alley's, all as more particularly shown on a subdivision plan entitled "Westminster Manor" as recorded in cumberland County plan Book No.3, Page 67; and WHEREAS, said tract includes an unopened sixteen (16) foot wide private alley along the southern boundary of said tract, a sixteen (16) foot wide alley between lots 10 and 11, a sixteen (16) foot wide alley between lots 20 and 21, and a sixteen (16) foot wide alley between lots 30 and 31; and WHEREAS, the Township of North Middleton has never accepted said sixteen (16) foot wide alley's and said alley's have not been opened since laid out on the plan uf "Westminster Manor;" and WHEREAS, said alley's have remained unopened and unused for more than fifty years and the present owners of lots shown on said plan which adjoin said alley's desire the freedom to change, revise or abandon any part or all of said alley's; NOW, THEREFORE, it is hereby agreed by and between all of the owners of lots shown on the plan of "Westminster Manor" recorded in Plan Book No.3, Page 67, intending to be legally bound hereby, as follows: 1. We waive, release, terminate, and discharge all rights which we may have in the unopened sixteen (16) foot wide alley's as shown on the plan of "Westminster Manor" recorded as hereinbefore set forth. 2. We agree to extend our own lots to include the sixteen (16) foot wide portion of the unopened private alley that is directly to the rear of our property, and for those properties with alley's along their east and west sides, we agree to let the adjacent property owners extend their lots to include eight (8) feet of the unopened private alley at the sides of their property, and lot 1 shall be extended sixteen (16) feet to the east to include the proposed alley at the end of the plan. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed this day of , 1995. WITNESS: Terry L. Arbegast ~tU~-4 Luther. W. ~k J. fl!!tUL- e 'L4#U ar e E. Gromack -- t21Lv1: ~~~?~"- ....,.--. C~d~~ B. ~lllllft\t\Jt Ifr~~ a~ Harold R. Calaman .,l;t<Jt.l.,L '-In. {kM<.L{ , Susan M. Carver ,.., '~f"i.~..~n-. .--' .----. EJ.4ft.,l~. €"""" ..",.:loR dt: 1>'ltf ~II ,~.tl.v- V ~llf/~ ~t.~ rle L. Ga n --/ Anekll1.f ;;w~..:.k~-~r .:.. .". ,A I~