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HomeMy WebLinkAbout02-5149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY Plaintiff VS. SAMUEL CHAMBERLAIN, CHRISTIAN LEHMER, JOSEPH BRICKER JR., J. O.SAXTON, MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER EGE, JOHN JOHNSON, JOSEPH THOMAS, CHARLES EDDY, HENRY MCCORMICK, JAMES MCCOI~MICK: AND J. D. CAMERON, TRUSTEES OF THE JAMES MCCORMICK ESTATE, OAK GROVE LUMBER COMPANY, C.P. HUMRICH, DAVID GRIEST, JACOB GRIEST, JACOB BOWER, JOHN FAHNESTOCK, PETER HOFFMAN, A/K/A PETER HUFFMAN, JOSEPH BOSLER,: J. HERMAN BOSLER, ALSO KNOWN AS J. H. BOSLER, and their heirs, successors and assigns, Defendants CIVIl_, ACTION - LAW ACTION TO QUIET TITLE TO: Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffinan a/k/a Peter Huffman, Joseph Bosler, and J. Herman Bosler also known as J. H. Boiler and their heirs, successors and assigns, Defendants: NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by Petitioner. You may lose money or property or other rights imp©tram to you. IF YOU WISH TO DEFEND, YOU MUST ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE YOUR DEFENSES OR OBJECTIONS IN WRITING WITH THE COURT YOU ARE WARNED THAT IF YOU FAII, TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT FURTHER NOTICE FOR THE RELIEF REQUES~I'ED IN IHE COMPLAINT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO 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. C©I. JRT AD~/IINISTRATOR ThM Floor Cumberland CounB, Cou~ House CarLisle, PA Telephoneg 717 IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY Plaintiff VS. SAMUEl. CHAMBERLAIN, CHRISTIAN LEHMER, JOSEPH BRICKER JR., J. O.SAXTON, MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER EGE, JOHN JOHNSON, JOSEPH THOMAS, CHARLES EDDY, HENRY MCCORMICK, JAMES MCCORMICK: AND J. D. CAMERON, TRUSTEES OF THE JAMES MCCORMICK ESTATE, OAK GROVE LUMBER COMPANY, C.P. HUMRICH, DAVID GRIEST, JACOB GRIEST, JACOB BOWER, JOHN FAHNESTOCK, PETER HOFFMAN, A/K/A PETER HUFFMAN, JOSEPH BOSLER,: J. HERMAN BOSLER, ALSO KNOWN AS J. H. BOSLER, and their heirs, successors and assigns, Defendants CIVIL ACTION - LAW NO. Oa- ~'~,4q ~ "/'.t,~'- ACTION TO QUIET TITLE COMPLAINT 1. Plaintiff, Charles M. Fogarty is an adult individual residing at 617 Gutshall Road, Boiling Springs, PA 17007. 2. Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McComdck and J. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffman aka Peter Huffman, Joseph Bosler, are individuals who are either dead or their whereabouts are presently unknown to Plaintiff by reason of the passage of such a long period of time that Plaintiff has been and remains unable to detemfine with certainty the identity and whereabouts of said defendants or their heirs, successors and assigns. 3. Plaintiff is the owner of a tract of land situate in Cumberland County, Peunsylvania, which premises are more fully identified as follows; ALL that certain tract of Mountain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described according to a survey by Act 1 Consultants, Inc. on 8/30/2001 as follows: BEGINNING at pipe and stones; thence by lands of James A. Edris and Fred E. Bucher South twenty-one degrees fifty-seven minutes nine seconds East eight hundred seventy-six and sixty-five hundredths feet to stones; thence by lands now or late of George Peffer South twenty-two degrees fifty-seven nfinutes nine seconds East nine hundred eight and twenty-one hundredths feet to stones; thence by White Rock Acres North seventy-three degrees twenty-six minutes one second East two hundred twenty-nine and forty-five hundredths feet to pin and stones; thence by lands now or late of Anna Eberly North twenty-two degrees thirty minutes forty-three seconds West one thousand seven hundred sixty-four and forty-five lmndredths fcct to pin and stones; thence by lands of Charles and Wayne Myers South seventy-eight degrees thirty minutes West two hundred thirty and eighty-nine hundredths feet to BEGINNING. Containing 9.425 acres by survey. TOGETHER with a right-of-way through land now or fomierly of Cary W. Ahl; and subject to an agreement between C.W. Ahl, David Brandt and Christian Lehmer, dated December 1, 1853. Being designated as Cumberland County Tax Parcel #22-12-0348-073 An abstract of title for the said tract is attached hereto as Exlfibit A, wlfich is hereby made a part hereof. 4. Plaintiff is the owner of a tract of land situate in Cumberland County, Pennsylvania, which premises are more fully identified as follows: ALL that certain tract of Mountain Land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at a pine stump; thence by lands of Ege, North forty-two and one half degrees West one hundred and two perches to stones; thence by same, North sixty-four and three fourth degrees East twenty-three perches to a pine; thence South forty-three and one half degrees East seventy-two and one half perches to a pine; thence by Jacob Bower, South thirty-three perches and eight tenths to the place of BEGINNING. CONTAINING 15 Acres more or less. Being designated as Cumberland County Tax Parcel # 40-15-0201-039 An abstract of tire for the said tract is attached hereto as Exhibit B, which is hereby made a part hereof. 5. Plaintiff is the owner of a tract of land situate in Cumberland County, Pennsylvania, which premises are more fully identified as follows: ALL that certain tract of Mountain Land situate in the Townslfip of Lower Frankford, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at stones at the foot of North Mountain; thence by lands of Griffie North twenty degrees West sixty-one perches more or less to a post on the line between Cumberland and Perry Counties; thence by lands of George B. Dum and along or near said County line Northeasterly various courses and distances three hundred and seven perches more or less to stones near crossing at Waggoners Gap Road; thence by lands of Harvey H. Cramer and J. W. Hoy South twenty-six degrees East filly- two perches more or less to stones; thence by lands ofNailor, Waggoner, Shughart and others, South seventy-one degrees West flu'ce hmtthed and flu'ee perches more or less to stones, thc place of BEGINNING. CONTAINING 91 ACRES MORE OR LESS Being designated as Cumberland County Tax Parcel #14-04-0381-103 An abstract of title for the said tract is attached hereto as Exhibit C, which is hereby made a part hereof. 6. Plaintiff is the owner of a tract of land situate in Cumberland County, Pennsylvania, which premises are more fully identified as follows: ALL that certain tract of Mountain Land situate in the Township of South Middleton, County of Cumberland and State of Pem~sylvania near the intersection of thc county lines of Cumberland, Adams and York bounded and described as follows: BEGINNING at a pine tree in Ege's line and comer of Thomas Godfrey's heirs; thence by lands of said Godfrey's heirs, South sixty-eight degrees East, twenty-nine and fon'y-eight hundredths perches to a ground oak; thence by lands of John Fahnestock, South forty and nine tenths perches to a post; thence by said Ege land, North fifty-six and one half degrees West thirty-two and twenty-eight hundredths perches to stones; thence by same, North thirty-three and eight tenths perches to the place of BEGINNING. CONTAINING 6 Acres 57 Perches Tax Parcel #40-15-0201-040 An abstract of rifle for the said tract is attached hereto as Exhibit D, which is hereby made a part hereof. 7. Plaintlff avers that he and his predecessors in title have been in open, notorious continuous and adverse possession of the premises set forth in Paragraphs 3 to 6 above for a period of time in excess of twenty-one (21) years which would be sufficient to establish adverse possession as provided by the laws of the Commonwealth of Pennsylvania. COUNT NO. 1 CHARLES M. FOGARTY V SAMUEL CHAMBERLAIN, CHRISTIAN LEHMER, JOSEPH BRICKER JR., J. O. SAXTON AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS 8. Pla'mtiff acquired sole ownership interest to the land described in Paragraph 3 herein by way of a deed from Jennifer A. Fogarty aka Jennifer Fogarty and Charles M. Fogarty aka Charles Fogarty dated July 21, 2002 and recorded in Cumberland County Record Book 252 Page 3981, as Tract No. 3 therein. 9. Reference to Exhibit A, discloses that Samuel Chamberlain obtained tire to the subject land in Cumberland County Deed Book U Volume 2 Page 441. 10. Plaintiff avers that reference to Exhibit A, discloses that the deed of conveyance from Samuel Chamberlain to Wellar has never been recorded, although later deeds indicate that such a deed was made on or about February 5, 1869. 11. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in Samuel Chamberlain. 12. No person claiming any interest in the subject premises as a successor in title to the said Samuel Chamberlain has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 3, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstand'mg title of the said Samuel Chamberlain, his heirs, successors or assigns. 13. Reference to Exhibit A, discloses that Christian Lehmer obtained title to the subject land in Cumberland County Deed Book G, Volume 4, Page 251. 14. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in Christian Lehmer. 15. No person clahning any interest in the subject premises as a successor in title to the said Christian Lehmer has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 3, inconsistent with or adverse to the chain of tire set forth herein so that a cloud exists upon the plaintiffs ownership by reason of the purportedly outstanding title of the said Christian Lehmer, his heirs, successors or assigns. 16. Reference to Exhibit A, discloses that Joseph Bricker Jr. obtained title to the subject land by inheritance from his father Joseph Bficker, Sr. 17. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in Joseph Bricker Jr.. 18. No person claiming any interest in the subject premises as a successor in title to the said Joseph Bricker Jr. has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 3, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiWs ownership by reason of the purportedly outstanding tire of the said Joseph Bricker Jr., his heirs, successors or assigns. 19. Reference to Exhibit A, discloses that J. O. Saxton obtained title to the subject land in Cumberland County Deed Book K, Volume 4, Page 169. 20. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in J. O. Saxton. 21. No person claiming any interest in the subject premises as a successor in title to the said J. O. Saxton has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 3, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's owne~'slfip by mason of the purportedly outstanding title of the said J. O. Saxton, lfis heirs, successors or assigns. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order declaring that the said Plaintiff, Charles M. Fogarty, the owner in fee simple of the premises described in Paragraph 3 of this Complaint, free and clear of any right and all title, interest, claim or demand of said Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton and their respective heirs, successors, and assigns, and further barfing the said Defendants from denying, impeaching or in any way attacking Plaintiff's title in and to the said premises described in Paragraph 3 herein. COUNT NO. 2 CHARLES M. FOGARTY V MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER F. EGE, JOHN JOHNSON AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS 22. Plaintiff acquired sole ownership interest to the land described in Paragraph 4 herein by way of a deed from Jennifer A. Fogarty aka Jennifer Fogarty and Charles M. Fogarty aka Charles Fogarty dated July 21, 2002 and recorded in Cumberland County Record Book 252 Page 3981, as Tract No. 4 therein. 23. Title research indicates that Michael Ege is shown on a land grant warrant adjoining to the Southeast of the subject tract, dated February 13, 1775 with the corresponding survey dated October 20, 1821 as owning land in the area which possibly includes the lands described in Paragraph 4 herein. 24. Plaintiff has caused an extensive search and examination of the land records in and for the Cmmty of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which might have been vested in Michael Ege. 25. No person claiming any interest in the subject premises as a successor in title to the said Michael Ege has ever appeared of record to assert any interest or fight of possession in and to the said premises described in Paragraph 4, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiffs ownership by reason of the purportedly outstanding title of the said Michael Ege, his hehs, successors or assigns. 26. Title research indicates that Ebenezer Horseman is shown on a land grmat warrant adjoining to the South of the subject tract, dated August 28, 1812, as owning land in the area which possibly includes the lands described in Paragraph 4 herein. 27. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which might have been become vested in Ebenezer Horseman. 28. No person claiming any interest in the subject premises as a successor in title to the said Ebenezer Horseman has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 4, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Ebenezer Horseman, his heirs, succcssors or assigns. 29. Title research indicates that Jacob Deardorfis shown on a land grant warrant adjoimng to the South of the subject tract, dated November 2, 1827, as owning land m the area which possibly includes the lands described in Paragraph 4 herein. 30. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which might have been vested in Jacob Deardorf. 31. No person claiming any interest in the subject premises as a successor in title to the said Jacob Deardorf has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 4, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Jacob Deardorf, his heirs, successors or assigns. 32. Title research indicates that Peter F. Ege is shown on a land grant warrant adjoining to the East of the subject tract, dated January 23, 1855, as owning land in the area which possibly includes the lands described in Paragraph 4 herein. 33. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the tire which might have been vested in Peter F. Ege. 34. No person claiming any interest in the subject premises as a successor in title to the said Peter F. Ege has ever appeared of record to assert any interest or fight of possession in and to the said premises described in Paragraph 4, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Peter F. Ege, his heh's, successors or assigns. 35. Plaintiff avers that John Johnson is named as a party Defendant in this matter due to the fact that he is recited to have received the subject premises by good and sufficient deeds, and through his heirs, conveyed the same to J. H. Bosler. 36. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in John Johnson 37. No person claiming any interest in the subject premises as a successor in title to the said John Johnson has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 4, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiffs ownership by reason of the purportedly outstanding title of the said John Johnson, his heirs, successors or assigns. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order declaring that the said Plaintiff, Charles M. Fogatly, the owner in fee shnple of the premises described in Paragraph 4 of this Complaint, free and clear of any right and ail title, interest, claim or demand of said Defendants, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter F. Ege, John Johnson. and their respective heirs, successors, and assigns, and further barring the said Defendants from denying, impeaching or in any way attacking Plaintiff's title in and to the said premises described in Paragraph 4, herein. COUNT NO. 3 CHARLES M. FOGARTY v JOSEPH THOMAS, CHARLES EDDY, JAMES MCCORMICK, OAK GROVE LUMBER COMPANY, C. P. HUMRICH AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS 38. Plaintiff acquired sole ownership interest to the land described in Paragraph 5 herein by way of a deed from Jeunifer A. Fogarty aka Jennifer Fogmly and Charles M. Fogarty aka Charles Fogarty dated July 21, 2002 and recorded in Cumberland County Record Book 252 Page 3985, as Tract No. 7 therein. 39. Reference to Exhibit C, discloses that Joseph Thomas obtained title to lands which included the subject land in Patent Book 28, Volume P, Page 330. 40. Plaintiff avers that while Exhibit C indicates that the said Joseph Thomas did convey an undivided 2/3 interest in the subject tract, he has not conveyed of record the baiance of his 1/3 undivided ownership interest 41. Plaintiff has caused an extensive search and examination of the land records in and tbr the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the residuai title which had become vested in Joseph Thomas. 42. No person claiming any interest ha the subject premises as a successor in title to the said Joseph Thomas has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 5, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Joseph Thomas. his heirs, successors or assigns. 43. Reference to Exhibit C, discloses that Charles Eddy obtained title to lands which included the subject lands by a deed recorded in Perry County Deed Book N Volume 1 Page 363 dated November 30, 1796 entered October 1, 1799, wherein he received an undivided 2/3 interest in the lands described in Patent Book 28, Volume P, Page 330. 44. Plaintiff avers that while Exhibit C indicates that the said Charles Eddy did convey an undivided 1/3 interest in the subject tract, hc has not conveyed of record the balance of his 1/3 undivided ownership interest 45. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been fmmd for the residual title which had become vested in Charles Eddy. 46. No person claiming any interest in the subject premises as a successor in title to the said Charles Eddy has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 5, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiffs ownership by reason of the purportedly outstanding tire of the said Charles Eddy, his heirs, successors or assigns. 47. Reference to Exhibit C, discloses that James McComfick obtained tire to the subject tract of land in Cumberland Deed S Volume 3 page 512, which deed was dated September 16, 1881. 48. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in James McCormick. 49. No person claiming any interest in the subject premises as a successor in title to the said James McCormick has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 5, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's owner ship by reason of the purportedly outstanding title of the said James McCormick, his heirs, successors or assigns. 50. Plaintiff avers that Oak Grove Lumber Company may have received some interest in the lands identified in Exhibit C by virtue of a statement after the description in Pemy Deed Book 80 page 398 which recited that Oak Grove Lumber Company was to receive what was described in the previous deed in the chain. 51. This previous deed included the subject premises but the description in Perry Deed Book 80 page 398 did not. 52. Had there been an interest in the premises described in Paragraph 5 conveyed to Oak Grove Lumber Company it has not been conveyed of record to date. 53. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in Oak Grove Lumber Company. 54. No person claiming any interest in the subject premises as a successor in title to the said Oak Grove Lumber Company has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 3, inconsistent with or adverse to the chain of rifle set forth herein so that a cloud exists upon the plaintiff s ownership by reason of the purportedly outstanding tire of the said Oak Grove Lumber Company, its successors and/or assigns. 55. Reference to Exhibit C and related title research work discloses that C. P. Humrich was recited to be an owner of land including the premises described in Paragraph 5 herein. 56. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the vesting of title into C. P. Humrich or conveyance of title by C. P. Humrich for the lands which might have been owned by the said C. P. Humrich. 57. No person claiming any interest in the subject premises as a successor in tire to the said C. P. Hun~rich has ever appeared of record to assert any intcrest or right of possession in and to the said premises described in Paragraph 5, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiffs ownership by reason of the purportedly outstanding title of the said C. P. Humrich, his heirs, successors or assigns. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order declaring that the said Plaintiff, Charles M. Fogarty, the owner in fee simple of the premises described in Paragraph 6 of this Complaint, free and clear of any right and all tire, interest, claim or demand of said Defendants: Joseph Thomas, Charles Eddy, James McCormick, Oak Grove Lumber Company, C. P. Humrich and their respective heirs, successors, and assigns, and further barfing the said Defendants from denying, m~peaching or in any way attacking Plaintiff's title in and to the said premises described in Paragraph 5 herein. Count No. 4 CHARLES M. FOGARTY V DAVID GRIEST, JACOB GRIEST; JACOB BOWER, JOHN FAHNESTOCK, PETER HOFFMAN ALSO KNOWN AS PETER HUFFMAN JOSEPH BOSLER` J. HERMAN BOSLER ALSO KNOWN AS J. H. BOSLER. AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS 58. Plaintiff acquired sole ownership interest to the land described in Paragraph 3 herein by way of a deed from Jennifer A. Fogarty aka Jennifer Fogarty and Charles M. Fogarty aka Charles Fogarty dated July 21, 2002 and recorded in Cumberland County Record Book 252 Page 3989, as Tract No. 2, thereby. 59. Reference to Exhibit D, discloses that David Griest obtained titlc to the subject land in Patent No. 25-H, Page 26 from the Commonwealth of Pennsylvania on November 2, 1827, which included the subject lands. 60. Plaintiff has caused an extensive search and examination of the land records in and for the Coun~ of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in David Griest. 61. No person claiming any interest in the subject premises as a successor in title to the said David Griest has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 6, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ovmership by reason of the purportedly outstanding title of the said David Gfiest, his licks, successors or assigns. 62. Reference to Exhibit D, discloses that Jacob Griest may have obtained an undefined ownership interest in the subject land by virtue of a deed dated 11 February 1828, which deed is not or record 63. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which might have been vested in Jacob Griest. 64. No person claiming any interest in the subject premises as a successor in tire to the said Jacob Griest has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 6, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Jacob Griest, his heirs, successors or assigns. 65. Research indicates by way of recital information that Jacob Ca/est, by deed dated February 11, 1828, reputedly conveyed his interest in the subject tract to Jacob Bower, however the actual deed has never been recorded. 66. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in Jacob Bower. 67. No person claiming any interest in the subject premises as a successor in title to the said Jacob Bower has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 6, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Jacob Bower, his heirs, successors or assigns. 68. Plaintiff avers that is named as a party Defendant in this matter due to the fact that he is recited to have received title to the said Tract No. 4 by virtue of a deed dated from Jacob Bower and to have conveyed the same to Peter Hoffinan also known as Peter Huffman by deed dated Janual~y 14, 1832. This deed is not of record and therefore raises a possible cloud upon the title of Plaintiff. 69. Research indicates by way of recital information that Jacob Bower, by deed dated April 2, 1830, reputedly conveyed his interest in the subject tract to John Fahnestock, however the actual deed has never been recorded. 70. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in John Fahnestock. 71. No person claiming any interest in the subject premises as a successor in title to the said John Fahnestock has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 6, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said John Fahnestock, his heirs, successors or assigns. 72. Research indicates by way of recital information that John Fahnestock, by deed dated January 14, 1832, reputedly conveyed his interest in the subject tract to, Peter Huffman a/k/a Peter Hoffman, however the actual deed has never been recorded. 73. Plaintiff avers that Peter Hoffrnan also known as Peter Huffinan is named as a party Defendant in this matter due to the fact that Deed Book H Volume 3 Page 345 recorded in Cumberland County lists Peter Huffman as the Grantor but the Grantor signs as Peter Hoffman, and Plaintiff further avers that the subject deed is acknowledged prior to when it is dated. 74. The disparity in the spelling of the grantor's name and the inconsistency between the date and acknowledgment of the deed raises a possible cloud upon the title of Plaintiff. 75. Plaintiff has caused an extensive search and examination of thc land records in and for the County of Cmnbefland, Pennsylvania, but no conveyance of record has been found to correct these conveyancing errors. 76. No person claiming any interest in the subject premises as a successor in title to the said Peter Hoffman also known as Peter Huffinan has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 6, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Peter Hoffinan also known as Peter Huffinan, his heirs, successors or assigns. 77. Reference to Exhibit D indicates that Joseph Bosler became vested with an undivided ½ interest to the lands described in Paragraph 6 herein by deed recorded in Cumberland County Deed Book H Volume 3 page 3~16. 78. More recent deeds indicate that said Joseph Bosler reputedly may have conveyed this interest to J. Herman Bosler also known as J. H. Bosler, however said deed is not of record and there is no other information available of record to indicate any secondary means of devolution of title between the said Joseph Bosler and J. Herman Bosler, also known as J. H. Bosler. 79. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been ti~und for the title which had become vested in Joseph Bosler. 80. No person claiming any interest in the subject premises as a successor in title to the said Joseph Bosler has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 6, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Joseph Bosler, his heirs, successors or assigns. 81. Reference to Exhibit D, indicates that J. Hennan Bosler also known as J. H. Bosler, owned the subject tract of land at the time of his death, however extensive title research fails to disclose the manner in which the said J. Herman Bosler also known as J. H. Bosler acquired title or the manner in which the title of the said J. Herman Bosler also known as J. H. Bosler, ties to prior conveyances for the subject tract of land. 82. No person claiming any interest in the subject premises as a successor in title to the said J. Herman Bosler also known as J. H. Bosler has ever appeared of record to assert any interest or right of possession in and to the said premises described in Paragraph 6, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said J. Herman Bosler also known as J. H. Bosler, his heirs, successors or assigns. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order declaring that the said Plaintiff, Charles M. Fogarty, the owner in fee simple of the premises described in Paragraph 6 of this Complaint, free and clear of any right and all title, interest, claim or demand of said Defendants: David Griest, Jacob Griest; Jacob Bower, John Fahnestock, Peter Hoffman also known as Peter Huffman Joseph Bosler, J. Hemian Bosler also known as J. H. Bosler. and their respective heirs, successors and assigns, and further barring the said Defendants from denying, impeachint attacking Plaintiff's title in and to the said premises describe,,atfWparagrap. Attorney for Plaintiff or in any way /~rein. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, : Plaintiff : VS. : SAMUEL CHAMBERLAIN, : CHRISTIAN LEHMER, : JOSEPH BRICKER JR., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEARDORF, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CHARLES EDDY, HENRY : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMERON, : TRUSTEES OF THE JAMES : MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, DAVID GRIEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, A/K/A : PETER HUFFMAN, JOSEPH BOSLER, : and their heirs, successors and assiglls, Defendants NO. o.Z.s'~qq ACTION TO QUIET TITLE I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating [o ~~~to authorities. Dated: October 7, 2002 CHARLES M. FOGARTY EXHIBIT A ABSTRACT ITEM #Al 1. BOOK 252 PAGE 3981 Tract No. 3 2. DEED DATE: July 21, 2002 3. ACK. DATE: July 21, 2002 4. RECORD DATE: July 23, 2002 5. EXECUTION OK: ok 6. WARRANTY: Special 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: n/a between husband and wife 9. ATTORNEY ON DEED: Robert G. Radebach 10. GRANTOR (S): Jennifer Fogarty aka Jennifer A. Fogarty and Charles M. Fogarty aka Charles Fogarty 11. GRANTEE(S): Charles M. Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Record Book 235 page 732 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: T.~X PARCEL # 22-12-0348-073 ALL that certain tract of Mountain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described according to a survey by Act 1 Consultants, Inc. on 8/30/2001 as follows: Beginning at pipe and stones; thence by lands of James A. Edris and Fred E. Bucher South twenty-one degrees fifty-seven minutes nine seconds East eight hundred seventy-six and sixty-five hundredths feet to stones; thence by lands now or late of George Peffer South twenty-two degrees fifty-scvcn minutes nine seconds East nine hundred eight and twenty-one hundredths feet to stones; thence by White Rock Acres North seventy-three degrees twenty-six minutes one second East two hundred twenty- nine and forty-five hundredths feet to pin and stones; thence by lands now or late of Anna Ebefly North twenty-two degrees thirty minutes forty-three seconds West one thousand seven hundred sixty-four and forty-five hundredths feet to pin and stones; thence by lands of Charles and Wayne Myers South seventy-eight degrees thirty minutes West two hundred thirty and eighty-nine hundredths feet to Beginning. Containing 9.425 acres by survey. TOGETHER with a right-of-way through land now or formerly of Cary. W. Ahl; and subject to an agreement between C.W. Ahl, David Brandt and Christian Lehmer, dated December 1, 1853. 17. EXAMINER COMMENTS: This current legal description is a result of a field survey of the tract by Act 1 Consultants dated 8/30/2001. ABSTRACT ITEM #A2 TAX PARCEL # 22-12-0348-073 1. BOOK 235 PAGE: 732 2. DEED DATE: November 28, 2000 3. ACK. DATE: November 28, 2000 4. RECORD DATE: December 7, 2000 5. EXECUTION OK?: Yes 6. WARRANTY: Fiduciary 7. CONSIDERATION: $12,500.00 8. TRANSFER TAX PAID: $125.00 State, $125.00 Local 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Stephen J. Brymesser, Executor of the Estate of Nellie M. Brymesser 11. GRANTEE(S): Charles M. Fogarty and Jennifer A. Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Monroe 14. PRIOR CONVEYANCE: Deed M Volume 30 page 753 15 EXCEPTIONS LISTED: None 16. DESCRIPTION: All that certain tract of mountain land situate in Monroe Township, Cumberland County, Pennsylvania more particularly bounded and described as follows, to wit: Beginning at stones; thence by land now or fmmerly of Christian Lehmer, North 22 degrees 30 minutes West 113 perches to stones; thence by land now or fomterly of Nissley, North 78 degrees 30 minutes East 7.8 perches to stones; thence by land now or formerly of Eberly, South 22 degrees 30 minutes East 112.5 perches to a pine; fl~exme by land now or fmmerly of C.W. and D. V. Ahl, South 68 degrees 45 minutes West 7.8 perches to the place of Begitming; Contai~fing 5 Acres 83 Perches. Together with a right-of-way through land now or foimerly of Caw W. Ahl; and subject to an agreement between C. W. Ahl, David Brandt and Christian Lehmer, dated December 1, 1853. 17. EXAM1NER COMMENTS: TAX PARCEL #22-12-0348-073 ABSTRACT ITEM #A3 1. BOOK M VOLUME 30 PAGE 753, Tract No. 1 2. DEED DATE: December 20, 1983 3. ACK. DATE: December 20, 1983 4. RECORD DATE: December 20, 1.983 5. EXECUTION OK?: yes 6. WARRANTY: special 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: n/a between husband and wife 9. ATTORNEY ON DEED: Tom I-I. Bietch 10. GRANTOR (S): Nellie M. Brymesser 11. GRANTEE(S): James B. Brymesser and Nellie M. Brymesser, his wife 12. ESTATE CONVEYED: fee 13. MUNICIPALITY: Monroe TownshiP, Cumberland County 14. PRIOR CONVEYANCE: Deed Book K Volume 30 page 388 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Same as Deed Book 235 page 732 17. EXAMINER COMMENTS: ABSTRACT ITEM #A4 TAX PARCEL #22-12-0348-073 1. BOOK K VOLUME 30 PAGE 388 2. DEED DATE: September 19, 1983 3. ACK. DATE: September 19, 1983 4. RECORD DATE: October 11, 1983 5. EXECUTION OK?: yes 6. WARRANTY: Special 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: $14.72 State $14.72 Local 9. ATTORNEY ON DEED: Cannot Read Signature 10. GRANTOR (S): Harold E. Otto and Sara Jane Otto and Sarah B. Shultz and Lawrence M. Shultz 11. GRANTEE(S): James B. Brymesser and Nellie M. Brymesser 12. ESTATE CONVEYED: Fee to 2/3 interest 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Deed C Volume 30 Page 732 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Same as Deed 235 page 732 17. EXAMINER COMMENTS: This is a 2/3 interest of which the other 1/3 interest is owned by Grantees ABSTRACT ITEM #A5 TAX PARCEL #22-12-0348-073 1. BOOK C VOLUME 30 PAGE 464 2. DEED DATE: March 15, 1983 3. ACK. DATE: March 15, 1983 4. RECORD DATE: March 24, 1983 5. EXECUTION OK: yes 6. WARRANTY: special 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: n/a between husband and wife 9. ATTORNEY ON DEED: cannot read 10. GRANTOR (S): Harold E. Otto and Sara Jane Otto, his wife 11. GRANTEE(S): Harold E. Otto and Sara. Jane Otto, his wife 12. ESTATE CONVEYED: Fee 1/3 interest 1.3. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book C Volume 30 Page 407 15. EXCEPTIONS LISTED: 16. DESCRIPTION: Same as in Deed 235 page 732 17. EXAMINER COMMENTS: .M3STRACT ITEM #A6 TAX PARCEL # 22-12-0348-073 1. BOOK C VOLUME 30 PAGE 407, Tract No. 3 2. DEED DATE: March 15, 1983 3. ACK. DATE: March 15, 1983 4. RECORD DATE: March 23, 1983 5. EXECUTION OK: yes 6. WARRANTY: special 7. CONSIDERATION: Provisions of will 8. TRANSFER TAX PAID: n/a between mothers estate and son 9. ATTORNEY ON DEED: none 10. GRANTOR (S): Harold E. Otto, Executor of the Estate of Rhae B. Otto 11. GRANTEE(S): Harold E. Otto 12. ESTATE CONVEYED: Fee 1/3 interest 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book W Volume 25 page 422 15. EXCEPTIONS LISTED: 16. DESCRIPTION: Same as Deed Book 235 Page 732 17. EXAMINER COMMENTS: ABSTRACT ITEM #A7 TAX PARCEL #22-12-0348-073 1. BOOK W VOLUME 25 PAGE 422 2. DECREE DATE: November 26, 1974 3. ACK. DATE: Copy Certified November 26, 1974 4. RECORD DATE: November 26, 1974 5. EXECUTION OK?: yes 6. WARRANTY: Orphans Court Decree 7. CONSIDERATION: None 8. TRANSFER TAX PAID: n/a 9. ATTORNEY ON DEED: John B. Flower III 10. GRANTOR (S): Dauphin Deposit Trust Company, Successor to Carlisle Trust Company, Trustee under the Will of John A. Beltzhoover 11. GRANTEE(S): 1/3 interest each to Rhae B. Otto, Sarah B. Shultz, Nellie M. Bl'ylilesser 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book G Volume 10 page 338 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Same as Deed Book 235 page 732 17. EXAMINER COMMENTS: ABSTRACT ITEM #A8 TAX PARCEL #22-12-0348-073 1. BOOK G VOLUME 10 PAGE 338 2. DEED DATE: October 1, 1890 3. ACK. DATE: October 1, 1890 4. RECORD DATE: February 24, 1927 5. EXECUTION OK?: yes 6. WARRANTY: General 7. CONSIDERATION: $125.00 8. TRANSFER TAX PAID: n/a 9. ATTORNEY ON DEED: None 10. GRANTOR (S): George Smith and Lucy Smith, his wife 11. GRANTEE(S): John A. Beltzhoover 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Deed N Volume 3 page 447 15. EXCEPTIONS LISTED: 16. DESCRIPTION: Same as in Deed Book 235 page 732 17. EXAMINER COMMENTS: ABSTRACT ITEM #A9 TAX PARCEL # 22-12-0348-073 1. BOOK N VOLUME 3 PAGE 447 2. DEED DATE: March 24, 1874 3. ACK. DATE: March 24, 1874 4. RECORD DATE: March 6, 1878 5. EXECUTION OK?: yes 6. WARRANTY: General 7. CONSIDERATION: $125.00 8. TRANSFER TAX PAID: n/a 9. ATTORNEY ON DEED: None 10. GRANTOR (S): George Wellar and Mary. Wellar, his wife 11. GRANTEE(S): George Smith 12. ESTATE CONVEYED: Fee 13. ML~ICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Unrecorded Deed between Samuel Chamberlain and George Wellar dated 2/5/1869 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Same as in Deed Book 235 page 732 17. EXAMINER COMMENTS: ABSTRACT ITEM #Al0 1. BOOK PAGE: UNRECORDED 2. DEED DATE: February S, 1869 3. ACK. DATE: 4. RECORD DATE: 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Samuel Chamberlain 11. GRANTEE(S): George Wellar 12. ESTATE CONVEYED: 13. MUNICIPALITY: 14. PRIOR CONVEYANCE: Deed Book U Volume 2 page 441 15. EXCEPTIONS LISTED: 16. DESCRIPTION: 17. EXAMINER COMMENTS: Information was obtained from recital in Deed Book N Volume 3 page 447. TAX PARCEL # 22-12-0348-073 ABSTRACT ITEM #Al 1 TAX PARCEL #22-12-0348-073 1. BOOK. U VOLUME 2 PAGE 441 2. DEED DATE: Apri! 16, 1866 3. ACK. DATE: April 16, 1866 4. RECORD DATE: March 5, 1867 5. EXECUTION OK?: yes 6. WARRANTY: General 7. CONSIDERATION: $35.00 8. TRANSFER TAX PAID: n/a 9. ATTORNEY ON DEED: None 10. GRANTOR (S): David Brandt and Jemina Brandt, his wife 11. GRANTEE(S): Samuel Chamberlain 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Unrecorded deed dated March 25, 1854 from Christian Lehmer to David Brandt 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: All that certain tract of mountain land situate in Monroe Township, Cumberland County, Pennsylvania more particularly bounded and described as follows, to wit: Beginning at stones a comer of land between this lot and other land now of Christian Lehmer, formerly part of this. thence by land of John A. Ahl North 78 and one half degrees East 7.8 perches to stones; thence South 22 and one half degrees East 112.5 perches to a pine; thence by land of Ege's heirs, South 68 and three fourth degrees 45 West 7.8 perches to stones; thence by land of Christian Lehmer North 22 and one half degrees West 113 perches to stone, the place of Beginning; Containing 5 Acres 83 Perches strict measure. Also the right-of-way through Caw W. Ahls land ( No. 1 of the Mountain said Ahl purchased from Joseph Bricker now sold to John A. Ahl.) either along said John A. Ahls present line (foi-iiierly Wm. Brickers) or along James Clarks line to the base of Cary W. Ahls land, subject to an agreement made between CaW W. Ahl, David Brandt and Christian Lehmer, dated December 1, 1853 in reference to the sale of land No. 3 of which this is a part 17. EXAMINER COMMENTS: None ABSTRACT ITEM #Al2 TAX PARCEL # 22-12-0348-073 recital 1. BOOK PAGE: UNRECORDED DEED 2. DEED DATE: March 25, 1854 3. ACK. DATE: 4. RECORD DATE: Unrecorded 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Christian Lehmer 11. GRANTEE(S): David Brandt 12. ESTATE CONVEYED: 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book G Volume 4 page 251 15. EXCEPTIONS LISTED: 16. DESCRIPTION: 17. EXAMINER COMMENTS: This deed is not of record. Information is from in Deed Book U Volume 2 Page 441. ABSTRACT ITEM #Al3 TAX PARCEL # 22-12-0348-073 1. BOOK K VOLUME 4 PAGE 169 2. DEED DATE: April 4, 1890 3. ACK. DATE: April 4, 1890 4. RECORD DATE:April 26, 1890 5. EXECUTION OK?: yes 6. WARRANTY: General 7. CONSIDERATION: $36.00 8. TRANSFER TAX PAID: n/a 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Oliver S. Yohn and Mary E. Yohn, his wife in her right and Arhtur D. Brandt heirs of Dr. E. B. Brandt 11. GRANTEE(S): J.O. Saxton 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book G Volume 4 page 267 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: All that hereinafter described tract of land situate in Monroe Township, Cumberland County, State of Pennsylvania bounded and described as follows viz: Beginning at a stone, thence North along lands fon,erly owned by John A. Ahl ,and Samuel Gensler N 24 W 61 thence N 23 W 53.2 p to a Stone, thence along lands of John A. Ahl N 78 ½ E 6.2 to a stones, thence along lands formerly owned by David Brandt S 22 ½ E 113 to stones, thence along land formerly owned by Ege S 68 3/4 W 4.9 to a stone the place of Beginning. Containing four acres neat measure. 17. EXAMINER COMMENTS: ABSTRACT ITEM #Al4 TAX PARCEL # 22-12-0348-073 1. BOOK G VOLUME 4 PAGE 267 2. DEED DATE: October 19, 1885 3. ACK. DATE: October 19, 1885 4. RECORD DATE: September 28, 1888 5. EXECUTION OK?: yes 6. WARRANTY: General 7. CONSIDERATION: $52.00 8. TRANSFER TAX PAID: n/a 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Mrs. Kate Marcy, Executrix of the Estate of Christian Lehmer 11. GRANTEE(S): Dr. E. B. Brandt 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book G Volume 4 page 251 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: All that hereinafter described tract of land situate in Monroe Township, Cumberland County, State of Pennsylvania bounded and described as follows viz: Beginning at a stone, thence North along lands formerly owned by John A. Ahl and Samuel Gensler N 24 W 61 thence N 23 W 53.2 p to a Stone, thence along lands of John A. Ahl N 78 ½ E 6.2 to a stones, thence along lands formerly owned by David Brandt S 22 ½ E 113 to stones, thence along land formerly owned by Ege S 68 ~A W 4.9 to a stone the place of Beginning. Containing four acres neat measure. 17. EXAM1NER COMMENTS: ABSTRACT ITEM #Al5 TAX PARCEL # 22-12-0348-073 1. BOOK G VOLUME 4 PAGE 251 2. DEED DATE: March 16, 1854 3. ACK. DATE: March 16, 1854 4. RECORD DATE: September 28, 1888 5. EXECUTION OK?: yes 6. WARRANTY: General 7. CONSIDERATION: $428.34 8. TRANSFER TAX PAID: n/a 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Caw W. Ahl and Catherine Ahl, his wife 11. GRANTEE(S): Christian Lehmer 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: Unrecorded deed dated /_/1854 between Joseph Bricker and Cary W. Ahl 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: All that hereinafter described tract of land situated in Monroe Township, Cumberland County and State of Pennsylvania bounded and described as follows viz: Beginning at stones on a line of Samuel Gensler, thence by land of John A. Ahl North seventy-eight degrees and one half East fourteen perches to stones South twenty- two degrees and one half East one hundred and twelve perches and five tenths to a pine, thence by Eges lands South sixty-eight degrees and three fourths West twelve perches and seven tenths to stones, thence by lands of John A. Ahl and Samuel Gensler North twenty- four degrees West sixty-one perches to a black Oak and thence North twenty-three degrees West fifty three perches and two tenths to stones the place of beginning. Containing Nine acres Eighty-three perches Also the said party of the first part convey the right-of-way to the said party of the second part through No. 1 of the tract of Cary W. Ahl purchased of Joseph Bricker of which tract the above described lot is a part and designated in the plot thereof by No. 3 which road or way shall extend either along the line of John A. Ahls former line or along the line of James Clark through Lot No. 1 aforesaid to the base line of Nos. 3,4,5,and 6of said plot or survey. 17. EXAMINER COMMENTS: This deed is not of record, h~fonnation is from recital in Deed Book U Volume 2 Page 441. ABSTRACT ITEM #Al6 TAX PARCEL # 22-12-0348-073 1. BOOK PAGE: UNRECORDED DEED 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE:Unrecorded 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): 11. GRANTEE(S): Joseph Bricker (Sr.) 12. ESTATE CONVEYED: 13. ML~ICIPALITY: Monroe Township, Cumberland County 14. PRIOR CONVEYANCE: 15. EXCEPTIONS LISTED: 16. DESCRIPTION: 17. EXAMINER COMMENTS: This deed is not of record. Joseph Bricker (Sr.) is recited to have owned a larger tract of which the subject is a part and through his Estate willed the same to his son Joseph Bricker (Jr.). Joseph Bricker (Jr.) is recited to have conveyed the same to Cary W. Ahl in 1854. ABSTRACT ITEM #B 1 EXHIBIT B TAX PARCEL #40-15-201-39 1. BOOK 252 PAGE 3981 Tract No. 4 2. DEED DATE: July 21, 2002 3. ACK. DATE: July 21, 2002 4. RECORD DATE: July 23, 2002 5. EXECUTION OK?: yes 6. WARRANTY: Special 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: N/A between husband and wife 9. ATTORNEY ON DEED: Robert G. Radebach 10. GRANTOR (S): Jennifer Fogarty aka Jennifer A. Fogarty and Charles M. Fogarty aka Charles Fogarty 11. GRANTEE(S): Charles M. Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Record Book 214 page 1146 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: ALL that certain tract of Mounta'm Land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at a pine stump; thence by lands of Ege, North forty-two and one half degrees West one hundred and two perches to stones; thence by same, North sixty- four and three fourth degrees East twenty-three perches to a pine; thence South forty- three and one half degrees East seventy-two and one half perches to a pine; thence by Jacob Bower, South thirty-three perches and eight tenths to the place of beginning. CONTAINING 15 Acres more or less. 17. EXAMINER COMMENTS: ABSTRACT ITEM #B2 TAX PARCEL #40-15-201-39 1. BOOK 214 PAGE 1146 TractNo. 2 2. DEED DATE: January 13, 2000 3. ACK. DATE: January 13, 2000 4. RECORD DATE: January 18, 2000 5. EXECUTION OK?: yes 6. WARRANTY: Quit Claim 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: N/A paid on previous conveyance. Corrective Deed 9. ATTORNEY ON DEED: Robert G. Radcbach 10. GRANTOR (S): William Hamlin Neely Jr. and Stuart McAlister Neely Co- Executors of the Estate of Jean Chamberlain Neely 11. GRANTEE(S): Charles M. Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book Z Volume 32 page 785 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Same as in Record Book 214 page 1146 17. EXAMINER COMMENTS: ABSTRACT ITEM #B3 TAX PARCEL #40-15-201-39 1. BOOK Z VOLUME 32 PAGE 785 2. DEED DATE: October 14, 1987 3. ACK. DATE: October 14, 1987 4. RECORD DATE: October 21, 1987 5. EXECUTION OK?: yes 6. WARRANTY: Quit Clahn 7. CONSIDERATION: $9,000.00 8. TRANSFER TAX PAID: $90.00 State $90.00 Local 9. ATTORNEY ON DEED: None 10. GRANTOR (S): William Hamlin Neely, Jr. and Smart McAlister Neely Co- Executors of thc Estate of Jean Chamberlain Neely 11. GRANTEE(S): Charles Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: "any mountain land in Monroe Township, Cumberland County, Pennsylvania to the extent that the Estate owns or possesses any fight, title or interest in and to such mountain land under the Last Will and Testament of Jean Chamberlain Neely, deceased." 17. EXAMINER COMMENTS: This deed states Monroe Township as the place where this land was located. Since it is located in South Middleton, a Quit Clahn Deed was recorded to specifically identify the subject tract and clarify that it was intended to be included in this conveyance. ABSTRACT ITEM #B4 TAX PARCEL #40-15-201-39 1. BOOK T VOLUME 8 PAGE 105 2. DEED DATE: January 30, 1919 3. ACK. DATE: February 3, 1919 4. RECORD DATE: March 17, 1919 5. EXECUTION OK?: yes 6. WARRANTY: General 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: .50 U.S. Internal Revenue Documentary 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Hero,an E. Bosler, individually and as surviving Executor of J. H. Bosler, deceased and Carolyn D. Bosler, his wife, Edward W. Biddle and Gemude B. Biddle, his wife, in her right, Farmers Trust Company, Trustee of Chester C. Bashore and Fleeta B. Bashore, his wife, in her right, Mary M. Bosler sole devisee of J. Kirk Bosler, deceased, Jean B. Chamberlain, widow, being all the heirs at law and residuary devisees of J. Hemian Bosler 11. GRANTEE(S): Jean B. Chamberlain 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Cumberland County 14. PRIOR CONVEYANCE: Unrecorded Deed 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: All their right, title and interest in and to any and all tracts of mountain land belonging to the said J. Herman Bosler, deceased, at the time of his death and not heretofore disposed of by said parties of the first part. 17. EXAMINER COMMENTS: It has been determined that the subject 15 acres more or less of mountain land is included in this description. ABSTRACT ITEM #B5 TAX PARCEL #40-15-201-39 1. BOOK UNRECORDED DEED 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE: 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): John Johnson Heirs 11. GRANTEE(S): J.H. Bosler 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Unrecorded 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Recited to include subject 15 acres more or less 17. EXAMINER COMMENTS: This conveyance is not of record. Recited to have taken place in Record Book 214 page 1146. ABSTRACT ITEM #B6 TAX PARCEL #40-15-201-39 1. BOOK UNRECORDED DEED 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE: 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Peter F. Ege 11. GRANTEE(S): John Johnson 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Unrecorded 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Should have included subject 15 acres more or less 17. EXAMINER COMMENTS: This conveyance is not of record. Research indicates that adjoining lands in the area call for a Peter Ege to have owned this land prior to John Johnson. This suggests that some conveyance took place to transfer this ownership. ABSTRACT ITEM #B7 TAX PARCEL #40-15-201-39 1. BOOK UNRECORDED DEED 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE: 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Jacob Deardorf 11. GRANTEE(S): Peter Ege 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Unrecorded 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Recited to include subject 15 acres more or less 17. EXAMINER COMMENTS: This conveyance is not of record. Research indicates that adjoining lands in the area call for a Jacob Deardorf to have owned this land prior to Peter F. Ege. This suggests that some conveyance took place to transfer this OWllership. ABSTRACT ITEM #B8 TAX PARCEL #40-15-201-39 1. BOOK UNRECORDED DEED 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE: 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Ebenezer Horseman 11. GRANTEE(S): Jacob Deardorf 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Unrecorded 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Recited to include subject 15 acres more or less 17. EXAMINER COMMENTS: This conveyance is not of record. Research indicates that adjoining lands in the area call for Ebenezer Horseman to have owned this land prior to Jacob Deardorf. This suggests that some conveyance took place to transfer this ownership. ABSTRACT ITEM #B9 TAX PARCEL #40-15-201-39 1. BOOK UNRECORDED DEED 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE: 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Michael Ege 11. GRANTEE(S): Ebenezer Horseman 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Unrecorded 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Recited to include subject 15 acres more or less 17. EXAMINER COMMENTS: This conveyance is not of record. Research indicates that adjoining lands in the area call for a Michael Ege to have owned this land prior to Ebenezer Horseman. It is therefore assumed that some conveyance took place to transfer this ownership. EXHIBIT C ABSTRACT ITEM #C1 TAX PARCEL #14-4-381-103 1. BOOK 252 PAGE 3981 TractNo. 7 2. DEED DATE: July 21, 2002 3. ACK. DATE: July 21, 2002 4. RECORD DATE: July 23, 2002 5. EXECUTION OK?: yes 6. WARRANTY: Special 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: N/A between husband and wife 9. ATTORNEY ON DEED: Robert G. Radebach 10. GRANTOR (S): Jennifer Fogarty aka Jennifer A. Fogarty and Charles M. Fogarty aka Charles Fogarty 11. GRANTEE(S): Charles M. Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Lower Frankford Township, Cumberland County 14. PRIOR CONVEYANCE: Record Book 214 page 1146 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: ALL that certain tract of Mountain Land situate in the Township of Lower Franlfford, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at stones at the foot of North Mountain, thence by lands of Griffie North twenty degrees West sixty-one perches more or less to a post on the line between Cmnberland and Perry Counties, thence by lands of George B. Dura and along or near said County line Northeasterly various courses and distances three hundred and seven perches more or less to stones near crossing at Waggoners Gap Road, thence by lands of Harvey H. Cramer and J. W. Hoy South twenty-six degrees East fifty-two perches more or less to stones, thence by lands ofNailor, Waggoner, Shughart and others, South seventy-one degrees West three hundred and three perches more or less to stones, the place of Beginning. CONTAINING 91 ACRES MORE OR LESS EXAMINER COMMENTS: ABSTRACT ITEM #C2 TAX PARCEL # 14-4-381-103 1. BOOK 227 PAGE 430 2. DEED DATE: August 11, 2000 3. ACK. DATE: August 11, 2000 4. RECORD DATE: August 16, 2000 5. EXECUTION OK: yes 6. WARRANTY: Quit Claim 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: $178.18 State $178.18 Local 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Leonard P. Grimm 11. GRANTEE(S): Charles M. Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Lower Frankford Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book S Volume 3 Page 12 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: ALL that certain tract of Mountain Land situate in the Township of Lower Frankford, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at stones at the foot of North Mountain, thence by lands of Griffie North twenty degrees West sixty-one perches more or less to a post on the line between Cumberland and Perry Counties, thence by lands of George B. Dum and along or near said County line Northeasterly various courses and distances three hundred and seven perches more or less to stones near crossing at Waggoners Gap Road, thence by lands of Harvey H. Cramer and J. W. Hoy South twenty-six degrees East fifty-two perches more or less to stones, thence by lands ofNailor, Waggoner, Shughart and others, South seventy-one degrees West three hundred and three perches more or less to stones, the place of Beginning. CONTAINING 91 ACRES MORE OR LESS EXAMINER COMMENTS: ABSTRACT ITEM #C3 TAX PARCEL #14-4-381-103 1. PERRY COUNTY DEED BOOK 80 PAGE 398 2. DEED DATE: March 23, 1911 3. ACK. DATE: March 23, 1911 4. RECORD DATE: April 7, 1911 5. EXECUTION OK: yes 6. WARRANTY: general 7. CONSIDERATION: $65,000.00 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): James McCormick, Vance C. McCormick, and J. Donald Cameron, Trustees of the estate of James McCormick 11. GRANTEE(S): Oak Grove Lumber Company 12 ESTATE CONVEYED: Fee 13. MUNICIPALITY: North Middleton and Frankford Townships, Cumberland County Spring and Tyrone Townships, Perry County 14. PRIOR CONVEYANCE: Perry County Deed Book U volume 3 Page 50 Cumberland County Deed Book 3 Volume S Page 512 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: This Description is for 4100 acres more or less but does not include subject premises. After the description it is written "being the same tract or large body of land which Robert M. Henderson, executor of the will of Christian Thudium, by his deed dated September 16, 1881 and recorded in the Office for the recording of Deeds in and for the County of Cumberland aforesaid in Deed Book "S", No. 3 at page 512 et. seq. And in the Office for the Recording of Deeds in and for the County of Perry aforesaid in Deed Book lJ Volume 3 page 50 et. seq. Conveyed to Henry McCormick, James McComdck and J. Donald Cameron, Trustees of the Estate of James McCormick, deceased, which body or tract of land so conveyed to the said Trustees is intended to be hereby conveyed without and addition thereto or subtraction therefrom by reason of the description herein of the said and by courses and distances." (Italics added for emphasis) 17. EXAMINER COMMENTS: The description in the previous deed included the subject premises and all lands in this previous deed were intended to be included in this conveyance however the courses and distances of this deed do not include the subject prcnfises. ABSTRACT ITEM #C4 TAX PARCEL # 14-4-381-103 1. CUMBERLAND COUNTY DEED BOOK S VOLUME 3 PAGE 512 PERRY COUNTY DEED BOOK U VOLUME 3 PAGE 50 2. DEED DATE: September 16, 1881 3. ACK. DATE: September 16, 1881 4. RECORD DATE: Cumberland on September 18, 1881- Perry on March 15, 1906 5. EXECUTION OK?: yes 6. WARRANTY: Fiduciary 7. CONSIDERATION: $38,000.00 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Robert M. Henderson, Executor of Christian Thudium 11. GRANTEE(S): Henry McCormick, James McComfick and J. D. Cameron Trustees of the McComdck Estate (James McComdck) 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: North Middleton and Frankford Townships, Cmnberhmd County Spring and Tyrone Townships, Perry County 14. PRIOR CONVEYANCE: PERRY COUNTY DEED W VOLUME 1 PAGE 360 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: All that large body of land whether situated wholly or in part in the Townships of Spring and Tyrone in the County of Perry and North Middleton and Frankford in the County of Cumberland and State of Pennsylvania adjoining lands of Anna M. Allhouse, Henry Shearer, S. Keck, T. M. Graham, A. S. Baker, John A. Shively, Z Dock, John Hayes, Casper Shy, Stephen Losh, F. Boyer, James Swisher, Samuel Highland, Benjamin Reiber, John Boyer, William Boyer, J. Shambaugh, Solomon Snyder, J. Keetz, Emanuel Shearer, James Clendenin along Longs Gap Road on the North of James Bell on the extreme East lands warranted in the names of John Dunbar, Alexander McKeehan and others on the South and lands warranted in the name of Sanmel Reaugh on the West through which Waggoners Gap Road Passes and containing Four thousand one hundred acres, be the same more or less. 17. EXAMINER COMMENTS: ABSTRACT ITEM #C5 TAX PARCEL #14-4-381-103 1. PERRY COUNTY DEED BOOK W VOLUME 1 PAGE 360 2. DEED DATE: March 20, 1864 3. ACK. DATE: March 27, 1864 4. RECORD DATE: Febnlary 18, 1865 5. EXECUTION OK: yes 6. WARRANTY: general 7. CONSIDERATION: $5,000.00 8. TRANSI~'ER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Jacob Thudium and Victoria Thudium, his wife 11. GRANTEE(S): Christian Thudium 12. ESTATE CONVEYED: Fee 1/3 interest 13. MUNICIPALITY: Townships of Tyrone and North Middleton 14. PRIOR CONVEYANCE: Perry County Deed T Volume 1 page 63 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: No. 5 A tract in the Township of Tyrone and North Middleton in the name of Hollenback bounded by Parkinson and others warranted in the name of George McKeehan which said tract of land comaining Four hundred and sixteen acres and was conveyed by the heirs of Hollenback to Morfison Wright who by deed dated the 20 June 1848 conveyed the same to Christian Thudium 17. EXAMINER COMMENTS: Note this is the last deed in the chain that correctly acknowledges conveying only a 1/3 interest. ABSTRACT ITEM #C6 TAX PARCEL # 14-4-381-103 1. PERRY COUNTY DEED BOOK R VOLUME 1 PAGE 397 2. DEED DATE: March 26, 1858 3. ACK. DATE: March 29, 1858 4. RECORD DATE: April 1, 1858 5. EXECUTION OK: yes 6. WARRANTY: general 7. CONSIDERATION: $12,150.00 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Christian Thudium 11. GRANTEE(S): Jacob Thudimn 12. ESTATE CONVEYED: Fee 1/3 interest 13. MUNICIPALITY: Townships of Tyrone and North Middleton 14. PRIOR CONVEYANCE: Perry County Deed T Volume 1 page 63 15. EXCEPTIONS LISTED: ~qone 16. DESCRIPTION: No. 5 A tract in the Township of Tyrone and North Middleton in the name of Hollenback botmded by Parks and others warranted in the name of George McKeehan which said tract of land containing Four hundred and sixteen acres and was conveyed by the heirs of Ilollenback to Momson Wright who by deed dated the 20 June 1848 conveyed the same to Christian Thudium 17. EXAMINER COMMENTS: Note this deed conveys only a 1/3 interest. ABSTRACT ITEM #C7 TAX PARCEL # 14-4-381-103 1. PERRY COUNTY DEED BOOK T VOLUME 1 PAGE 63 2. DEED DATE: April 21, 1860 3. ACK. DATE: April 21, 1860 4. RECORD DATE: June 13, 1860 5. EXECUTION OK: yes 6. WARRANTY: general 7. CONSIDERATION: $2,900.00 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Aaron M. Egolf and Phobe Egolf, his wile 11. GRANTEE(S): Christian Thudium 12. ESTATE CONVEYED: Fee 1/3 interest 13. MUNICIPALITY: Townships of Tyrone and North Middleton 14. PRIOR CONVEYANCE: Perry County Deed R Volume 1 page 399 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: The one undivided third part of all those several Tracts in the County of Perry and in the Township of North Middleton in the County of Cumberland Containing Three Thousand Nine hundred acres be the same more or less and the same tracts of land which are numbered from one to twenty inclusive and particularly described in the Deed of Clu'istian Thuditun to tile said Aaron M. Egolf dated the 26 March 1858 and which is duly recorded in the Office for recording of deed in Book R Vol. 1 Page 399. 17. EXAMINER COMMENTS: Note this deed only conveys a 1/3 interest. ABSTRACT ITEM #C8 TAX PARCEL # 14-4-381-103 1. PERRY COUNTY DEED BOOK R VOLUME 1 PAGE 399 2. DEED DATE: March 26, 1858 3. ACK. DATE: March 26, 1858 4. RECORD DATE: April 1, 1858 5. EXECUTION OK: yes 6. WARRANTY: general 7. CONSIDERATION: $12,150.00 8. TRANSFER TAX PAID: N/A 9 ATTORNEY ON DEED: I~one 10. GRANTOR (S): Christian, Thudium 11. GRANTEE(S): Aaron M. Egol£ 12. ESTATE CONVEYED: Fee 1/3 interest 13. MUNICIPALITY: Townstfips of Tyrone m~d Nolth Middleton 14. PRIOR CONVEYANCE: Perry County Deed M Volume 1 page 269 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: No. 5 A tract in the Township of Tyrone and North Middleton in the name of Hollenback bounded by Parks and others warranted in the name of George McKeehan which said tract of land containing Four hundred and sixteen acres and was conveyed by the heirs of Hollenback to Morrison Wright who by deed dated the 20 June 1848 conveyed the same to Clmstian Thudium 17. EXAMINER COMMENTS: Note this deed conveys only a 1/3 interest. ABSTRACT ITEM #C9 TAX PARCEL #14-4-381-103 1. PERRY COUNTY DEED BOOK M VOLUME I PAGE 269 2. DEED DATE: June 20, 1848 3. ACK. DATE: June 20, 1848 4. RECORD DATE: July 24, 1848 5. EXECUTION OK: yes 6. WARRANTY: general 7. CONSIDERATION: $340.00 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Harrison Wright and Emily L. Wright, his wife 1 !. GRANTEE(S): Christian Thudium 12. ESTATE CONVEYED: Fee - Appears to be full interest 13. MUNICIPALITY: partly in Tyrone Township, Perry County and partly Cumberland County 14. PRIOR CONVEYANCE: Perry County Deed L Volume 1 page 594 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: No. 1 A tract of unimproved land warranted in the name of George McKeehan described as follows, bounded on the West by lands in the warrantee of James Parks, on the south by lands in the name of Jacob Wagoner On the East by lands in the name of Abraham Logbridge, and on the North by lands of in the name of Robert Haslet. coma'ming Four hundred and sixteen acres and three fourths be the same more or less. 17. EXAMINER COMMENTS: Note this deed gives no indication that this conveys anything other than full interest. ABSTRACT ITEM #C10 TAX PARCEL #14-4-381-103 1. PERRY COUNTY DEED BOOK L VOLUME 1 PAGE 594 2. DEED DATE: January 4, 1844 3. ACK. DATE: March 5, 23, 27, 1844 and April 2, 1844 4. RECORD DATE: April 19, 1847 5. EXECUTION OK: yes 6. WARRANTY: general 7. CONSIDERATION: $10.0~0 8. TRANSFER TAX PAID: ~/A 9. ATTORNEY ON DEED: qone 10. GRANTOR (S): George t. Hollenback, Mary Para Laning, Charles F. Wells and Ellen, h , wife, and Chester Butler and Sarah, his wife 11. GRANTEE(S): Harrison Wright 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Townships of Tyrone and Frankford, Perry and Cumberland Counties 14. PRIOR CONVEYANCE: Perry County Deed M Volume 1 page 702 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Another (warranted) in the name of George McCeehan, four hundred sixteen and three- fourths acres, situate in Tyrone and Frankford Townships, Perry. and Cumberland Counties. 17. EXAMINER COMMENTS: Note this deed appears to convey a full interest when only a 1/3 interest was received. ABSTRACT ITEM #C11 TAX PARCEL #14-4-381-103 1. CUMBERLAND COUNTY DEED BOOK M VOLUME 1 PAGE 702 2. DEED DATE: June 22, 1797 3. ACK. DATE: May 30, 1798 4. RECORD DATE: September 3, 1798 5. EXECUTION OK: yes 6. WARRANTY: Fiduciary 7. CONSIDERATION: 5 Shillings 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Charles Eddy and Mary, his wife 11. GRANIEE(S): Matthias Hollenback 12. ESTATE CONVEYED: Fee 1/3 interest 13, MUNICIPALITY: Middleton and Tyrone Townships, Cumberland County 14. PRIOR CONVEYANCE:: Cumberland County Deed N Volume 1 page 363 15. EXCEPTIONS LISTED: ~qone 16. DESCRIPTION: Undivided 1/3 part ...of twenty certain tracts or pieces of land situate in Middleton and Tyrone Townships in the County of Cumberland in Pennsylvania .... the other of them called "St Georges" containing four hundred sixteen acres three quarters and allowance 17. EXAMINER COMMENTS: Note this deed conveys a 1/3 interest of the 2/3 interest received by Charles Eddy in Cumberland County Deed Book N Volume 1 page 363. ABSTRACT ITEM #C12 TAX PARCEL #14-4-381-103 ! CUMBERLAND COUNTY DEED BOOK N VOLUME 1 PAGE 363 2. DEED DATE: November 30, 1796 3. ACK. DATE: May 24, 1797 4. RECORD DATE: October 1, 1799 5. EXECUTION OK: yes 6. WARRANTY: Fiduciary 7. CONSIDERATION: 5 Shillings 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Joseph Thomas and Mary, his wife 11. GRANTEE(S): Charles Eddy 12. ESTATE CONVEYED: Fee 2/3 interest 13. MUNICIPALITY: Middleton and Tyrone Township in the County of Cumberland 14. PRIOR CONVEYANCE: Patent 28 P 330 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Two full equal and undivided third Parts on and in the aforesaid Twenty Tracts or pieces of land situate in Middleton and Tyrone Township in the County of Cumberland and the other of them called St Georges Containing four hundred sixteen acres three Quarters and allowance aforesaid 17. EXAMINER COMMENTS: Note this deed conveys only 2/3 interest. ABSTRACT ITEM #C 13 1. PATENT BOOK 28 H 330 2. DEED DATE: 3. ACK. DATE: N/A 4. RECORD DATE: N/A 5. EXECUTION OK: yes 6. WARRANTY: From Commonwefl~ of Pennsylv~a 7. CONSIDERATION: $. TRANSFER TAX P~D' NI/A 9. ATTORNEY ON DEED: None 1 o. GRANTOR (S): Conunonwefl~ of Pennsylvmfia 11. GRANTEE(S): Joseph ~omas 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: 14. PRIOR CONVEYANCE: Unrecorded from George McKeehan 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: TAX PARCEL #14-4-381-103 17. EXAMINER COMMENTS: ABSTRACT ITEM #C14 1. Unrecorded Deed 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE: 5. EXECUTION OK: yes 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): George McKeehan 11. GRANTEE(S): Joseph Thomas 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Warrant 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: TAX PARCEL # 14-4-381-103 17. EXAMINER COMMENTS: This Warrant was granted to George McKeehan on March 10, 1794 and Patented to Joseph Thomas. Joseph Thomas must have been conveyed the Warrant interest to be able to obtain a Patent. No conveyance is of record. ABSTRACT ITEM #C15 1. WARRANT 2. WARRANT DATE: MARCH 10, 1794 3. ACK. DATE: N/A 4. RECORD DATE: N/A 5. EXECUTION OK: yes 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Commonwealth of Pennsylvania 11. GRANTEE(S): George McKeehan 12. ESTATE CONVEYED: Warrant Interest 13. MUNICIPALITY: Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: N/A 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: TAX PARCEL #14-4-381-103 17. EXAMINER COMMENTS: EXHIBIT D ABSTRACT ITEM #D1 TAX PARCEL # 40-15-0201-040 1. BOOK 252 PAGE 3989 Tract No. 2 2. DEED DATE: July 21, 2002 3. ACK. DATE: July 21, 2002 4, RECORD DATE: July 23, 2002 5. EXECUTION OK: ok ~ 6. WARRANTY: Special : 7. CONSIDERATION:$1.00 ~ 8. TRANSFER TAX PAID: n/a between husband and wife 9. ATTORNEY ON DEED: Robert G. Radebach 10. GRANTOR (S): Jennifer Fogarty aka Jennifer A. Fogarty and Charles M. Fogarty aka Charles Fogarty 11. GRANTEE(S): Charles M. Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Record Book 214 page 1146 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: ALL that certain tract of Mountain Land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania near the intersection of the county lines of Cumberland, Adams and York bounded and described as follows: BEGINNING at a pine tree in Ege's line and comer of Thomas Godfrey's heirs; thence by lands of said Godfrey's heirs, South sixty-eight degrees East, twenty-me perches and forty-eight hundredths to a ground oak; thence by lands of John Fahnestock, South forty perches and nine tenths to a post; thence by said Ege land, North fifty-six and one half degrees West thirty-two perches and twenty-eight hundredths to stones, thence by san~e, North thirty-three perches and eight tenths to the place of Beginning. CONTAINING 6 Acres 57 Perches 17. EXAMINER COMMENTS: TAX PARCEL #40-15-201-40 ABSTRACT ITEM #D2 1. BOOK 214 PAGE 1146 TractNo. 1 2. DEED DATE: January 13, 2000 3. ACK. DATE: January 13, 2000 4. RECORD DATE: January 18, 2000 5. EXECUTION OK?: yes 6. WARRANTY: Quit Claim 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: N/A paid on previous conveyance. Corrective Deed 9. ATTORNEY ON DEED: Robert G. Radebach 10. GRANTOR (S): William Hamlin Neely Jr. and Stuart McAlister Neely Co-Executors of the Estate of Jean Chamberlain Neely 11. GRANTEE(S): Charles M. Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book Z Volume 32 page 785 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: Same as in Record Book 214 page 1146 17. EXAMINER COMMENTS: ABSTRACT ITEM #D3 TAX PARCEL #40-15-201-40 1. BOOK Z VOLUME 32 PAGE 3785 2. DEED DATE: October 14, 1987 3. ACK. DATE: October 14, 1987 4. RECORD DATE: October 21, 1987 5. EXECUTION OK?: yes 6. WARRANTY: Quit Claim 7. CONSIDERATION: $9,000.00 8. TRANSFER TAX PAID: $90.00 State $90.00 Local 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Willimn Hmnlin Neely, Jr. and Smart McAlister Neely Co-Executors of the Estate of Jean Chamberlain Neely 11. GRANTEE(S): Charles Fogarty 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: "any mountain land in Monroe Township, Cumberland County, Pennsylvania to the extent that the Estate owns or possesses any fight, title or interest in and to such mountain land under the Last Will and Testament of Jean Chamberlain Neely, deceased." 17. EXAMINER COMMENTS: This deed states Monroe Township as the place where this land was located. Since it is located in South Middleton, a Quit Claim Deed was recorded to specifically identify the subject tract and clarify that it was intended to be included in this conveyance. ABSTRACT ITEM #D4 TAX PARCEL #40-15-201-40 1. BOOK T VOLUME 8 PAGE 105 2. DEED DATE: January 30, 1919 3. ACK. DATE: February 3, 1919 4. RECORD DATE: March 17, 1919 5. EXECUTION OK?: yes 6. WARRANTY: General 7. CONSIDERATION: $1.00t 8. TRANSFER TAX PAID: .50 U.S. Internal Revenue Documentary ! 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Herman E. Bosler, individually and as surviving Executor ofJ. H. Bosler, deceased and Carolyn D. Bosler, his wife, Edward W. Biddle and Gertrude B. Biddle, his wife, in her right, Farmers Trust Company, Trustee of Chester C. Bashore and Fleeta B. Bashore, his wife, in her right, Mary M. Bosler sole devisee of J. Kirk Bosler, deceased, Jean B. Chamberlain, widow, being all the heirs at law and residuary devisees of J. Herman Bosler 11. GRANTEE(S): Jean B. Chamberlain 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: Cumberland County 14. PRIOR CONVEYANCE: Unrecorded Deed 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: AIl their right, title and interest in and to any and all tracts of mountain land belonging to the said J. Herman Bosler, deceased, at the time of his death and not heretofore disposed of by said parties of the first part. 17. EXAMINER COMMENTS: It has been determined that the subject 6 acres 57 perches of mountain land is included in this description. TAX PARCEL #40-15-201-40 ABSTRACT ITEM #D5 1. BOOK UNRECORDED DEED 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE: 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Joseph Bosler 11. GRANTEE(S): J.H. Bosler 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE: Deed Book H Volume 3 page 346 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: ½ interest of subject 6 acres 57 perch 17. EXAMINER COMMENTS: This conveyance is not of record. Recited to have taken place in Record Book 214 page 1146. ABSTRACT ITEM #D6 TAX PARCEL #40-15-201-40 1. BOOK H VOLUME 3 PAGE 346 2. DEED DATE: February' 18, 1874 3. ACK. DATE: February 18, 1874 4. FxECORD DATE: March 6, 1874 5. EXECUTION OK?: yes 6. WARRANTY: Special 7. CONSIDERATION: $1.00 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Eliza A. Grove, C. H. Beltzhover, James M. Bosler and Helen Bosler, his wife John A. Gilbert and Mary B. Gilbert, his wife by A. Bosler, their attorney in Fact by Power of Attorney in Miscellaneous Record Book No. 3 page 161 and 162. 11. GRANTEE(S): J.H. Boiler and Joseph Bosler 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: South Middleton Township, Cumberland County 14. PRIOR CONVEYANCE:I Deed Book H Volume 3 page 345 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: ALL that certain tract of land or mountain land situate and being at the intersection of the County lines of the Counties of Adams, Cumberland and York Counties in the State of Pennsylvania bounded and described as follows: BEGINNING at a pine tree in Ege's line and comer of Thomas Godfrey's heirs; thence by lands of said Godfrey's heirs, South sixty-eight degrees East, twenty-nine perches and forty-eight hundredths to a grOund oak; thence by lands of John Fahnestock, South tbrty perches and me tenths to a post; thence by said Ege land, North fifty-six and one half degrees West thirty-two perches and twenty-eight hundredths to stones, thence by same, North thirty-three perches and eight tenths to the place of Beginning. CONTAINING 6 Acres 57 Perches 17. EXAMINER COMMENTS: ABSTRACT ITEM #D7 TAX PARCEL #40-15-201-40 1. MISCELLANEOUS BOOK 3 PAGE 161 2. DEED DATE: March 19, 1873 3. ACK. DATE: March 29 &31, 1873 4. RECORD DATE: April 14, 1873 5. EXECUTION OK?: yes 6. WARRANTY: Power of Attorney 7. CONSIDERATION: n/a 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Eliza A. Grove, C. H. Beltzhover, James M. Bosler and Helen Bosler, his wife John A. Gilbert and Mary B. Gilbert, his wife 11. GRANTEE(S): A. Bosler, as true and lawful attorney 12. ESTATE CONVEYED: t 13. MUNICIPALITY: Y~)rk, Adams and Cumberland Counties 14. PRIOR CONVEYANCE: Deed Book H Volume 3 Page 345 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: ALL that other lot or tract of mountain land situate at the intersection of the County line of York, Adams and Cumberland Counties Pa being chiefly in Latimore Township, Adams County bounded and described as follows: BEGINNING at a pine tree in Ege's line and comer of Thomas Godfrey's heirs; thence by lands of said Godfxey's heirs, South sixty-eight degrees East, twenty-nine perches and forty-eight hundredths to a ground oak; thence by lands of John Fahnestock, South forty perches and nine tenths to a post; thence by said Ege land, North fifty-six and one half degrees West thirty-two perches and twenty-eight hundredths to stones, thence by same, North thirty-three perches and eight tenths to the place of Beginning. CONTAINING 6 Acres 57 Perches 17. EXAMINER COMMENTS: This instrument incorrectly states that this property is chiefly in Adams County when the original Warrant survey along with current maps places it solely in South Middleton Township. ABSTRACT ITEM #D8 TAX PARCEL #40-15-201-40 ! DEED BOOK H VOLUME 3 PAGE 345 2. DEED DATE: March 20, 1847 3. ACK. DATE: March 12, 1847 4. RECORD DATE: March 6, 1874 5. EXECUTION OK?: yes 6. WARRANTY: Fee 7. CONSIDERATION: $95.00 8. TRANSFER TAX PAID: N/A 9. ATTORNEY ON DEED: None 10. GRANTOR (S): Peter Huffinan and Julia Ann, his wife (Note: signs as Hoffman) 11. GRANTEE(S): Michael Beltzhoover 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: York, Adams and Cumberland Counties 14. PRIOR CONVEYANCE: Unrecorded 15. EXCEPTIONS LISTED: None 16. DESCRIPTION: ALL that other lot or tract of mountain land situate at the intersection of the County line of York, Adams and Cumberland Counties Pa being chiefly in Latimore Township, Adams County bounded and described as follows: BEGINNING at a pine U'ee in Ege's line and comer of Thomas Godfrey's heirs; thence by lands of said Godfrey's heirs, South sixty-eight degrees East, twenty-nine perches and forty-eight hundredths to a ground oak; thence by lands of John Fahnestock, South fmty perches and nine tenths to a post; thence by said Ege land, North fifty-six and one half degrees West thirty-two perches and twenty-eight hundredths to stones, thence by same, North thirty-three perches and eight tenths to the place of Beginning. CONTAINING 6 Acres 57 Perches 17. EXAMINER COMMENTS: This instrument incorrectly states that this property is chiefly in Adams County when the original Warrant survey along with current maps places it solely in South Middleton Township. Also note that this deed is Acknowledged prior to when it is Dated? ABSTRACT ITEM #D9 1. BOOK UNRECORDED DEED 2. DEED DATE: January 14, 1832 3. ACK. DATE: 4. RECORD DATE: Unrecorded 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): John Fahnestock TAX PARCEL #40-15-201-40 I 1. GRANTEE(S): Peter Huffman or Hoffman 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: York, Adams mid Cmnbedand Comities 14. PRIOR CONVEYANCE: Unrecorded Deed 15. EXCEPTIONS LISTED: 16. DESCRIPTION: recited to have conveyed subject 6 acres 57 perch 17. EXAMINER COMMENTS: This conveyance is not of record. Recited to have taken place in Deed Book H Volume 3 page 345.. ABSTRACT ITEM #D10 TAX PARCEL #40-15-201-40 1. BOOK UNRECORDED DEED 2. DEED DATE: April 2, 1830 3. ACK. DATE: 4. RECORD DATE: Unrecorded 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Jacob Bower 11. GRANTEE(S): John Fahnestock 12. ESTATE CONVEYED: Fee 13. MUNICIPALITY: York, Adams and Cumberland Counties 14. PRIOR CONVEYANCE: Unrecorded Deed 15. EXCEPTIONS LISTED: 16. DESCRIPTION: recited to have conveyed subject 6 acres 57 perch 17. EXAMINER COMMENTS: This conveyance is not of record. Recited to have taken place in Deed Book H Volume 3 page 345. ABSTRACT ITEM #D11 TAX PARCEL #40-15-201-40 1. BOOK UNRECORDED DEED 2. DEED DATE: February 11, 1828 3. ACK. DATE: 4. RECORD DATE: Unrecorded 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): Jacob Griest 11~ GRANTEE(S): Jacob Bower 12. ESTATE CONVEYED: Fee 13. MLrNICIPALITY: York, Adams and Cumberland Counties 14. PRIOR CONVEYANCE: Unrecorded Deed 15. EXCEPTIONS LISTED: 16. DESCRIPTION: recited to have conveyed subject 6 acres 57 perch 17. EXAMINER COMMENTS: This conveyance is not of record. Recited to have taken place in Deed Book H Volume 3 page 345. ABSTRACT ITEM #D12 1. BOOK UNRECORDED DEED 2. DEED DATE: 3. ACK. DATE: 4. RECORD DATE: Unrecorded 5. EXECUTION OK: 6. WARRANTY: 7. CONSIDERATION: 8. TRANSFER TAX PAID: 9. ATTORNEY ON DEED: 10. GRANTOR (S): David Crriest 11. GRANTEE(S): Jacob Griest 12. ESTATE CONVEYED: Fee TAX PARCEL #40-15-201.-40 13. MUNICIPALITY: York, Adams and Cumberland Counties 14. PRIOR CONVEYANCE: Unrecorded Deed 15. EXCEPTIONS LISTED: 16. DESCRIPTION: Not of Record 17. EXAMINER COMMENTS: This conveyance is not of record. David CJriest receives title to this area by virtue of a Patent dated November 2, 1827. Recital infoi-mation in Deed H Volmne 3 Page 345 incorrectly indicates Jacob Gricst received this Patent. Therefore if Jacob Griest ever had an interest it must have come through David Griest. ABSTRACT ITEM #D 13 1. BOOK PATENT BOOK 25 H 26 2. PATENT DATE: November 2, 1827 3. ACK. DATE: n/a 4. RECORD DATE: n/a 5. EXECUTION OK: yes 6. WARRANTY: From Commonwealth 7. CONSIDERATION: $118.20 8. TRANSFER TAX PAID: n/a 9. ATTORNEY ON DEED: none 10. GRANTOR (S): Commonwealth of Pennsylvania 11. GRANTEE(S): David Crriest 12. ESTATE CONVEYED: Fee TAX PARCEL #40-15-201-40 13. MUNICIPALITY: Latimore, Franklin and South Middleton Townships in the Counties of Adams, York and Cumberland. 14. PRIOR CONVEYANCE: None 15. EXCEPTIONS LISTED: 16. DESCRIPTION: 202 acres 58 perch including subject 6 acres 57 perch. 17. EXAMINER COMMENTS: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, : Plaintiff : VS. : SAMUEL CHAMBERLAIN, : CHRISTIAN LEHMER, : JOSEPH BRICKER JR., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEARDORF, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CHARLES EDDY, HENRY : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMERON, : TRUSTEES OF THE JAMES : MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, DAVID GRIEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, A/K/A : PETER HUFFMAN, JOSEPH BOSLER, : and their heirs, successors and : ass/gns, Defendants : NO. 02..,~;q9 ~T~_. ACTION TO QUIET TITLE AFFIDAVIT OF LAST KNOWN WHEREABOUTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS CHARLES M. FOGARTY, being duly sworn according to law, depose and say that he is the Plaintiffs in the foregoing Complaint; that he has personal knowledge concei-~,ing the facts and circumstances set forth in the Complaint fried in this action; and that to the best of his knowledge, information and belief, the said Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCoi-ndck and d. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, dohn Fahnestock, Peter Hoffman a/k/a Peter Huffman, doseph Bosler, and their respective heirs, successors and assigns, are either dead or their whereabouts are unknown to Plaintiffs; and that the heirs, successors and assigns of each and every of the said Defendants are ma~own to Plaintiffs; that Plaintiffs have no knowledge concei-ning the whereabouts of the heirs, successors and assigns of the said Defendants; and that Plaintiffs have made a diligent search in the community surrounding the premises which are the subject of this action, but that no infoi-mation concer~ing these matters was elicited by said investigation, so that Plaintiffs continue to have no kn.owledge concei-~,ing the Defendants oj>~tJaj~r heirs, succe§sors c' ffARLi s rOGaSa Sworn and subscribed to before me thisO~ day NOV 0 A ZOO~d~ (.9, IN THE COUi%T OF COMMON PLEAS OF CUMBEI:tT,AND COUNTY, PENlXTSTLV A IA CHARLES M. FOGARTY : Plaintiff : VS. : SAI~UEL CHA1VIBERLAIN, : CHRISTIAN LEH1VIEP~, : JOSEPH BRICKER JR., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEA_RDOI~F, PETER : EGE, JOHN JOHNSON, JOSEPH : THOM_AS, CHARLES EDDY, HE1W-R¥ : MCCORMICK, JAMES MCCORMICK : AND J. D. CA1VIERON, : TRTJSTEES OF THE JA1VIES : MCCOI~MICK ESTATE, : OAK GROVE LTJ1W2ER COMPANY, : C.P. MU-M-RICH, DAVID GRIEST, : JACOB GI~IEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETEl~ HOFF1VI_AN, A/K/A : PETER HUFF1VIAN, JOSEPH BOSLER, : J. HERMAN BOSLER, ALSO KNOWN AS : J. H. BOSLER, and their heirs, successors and assigns, : Defendants : CIVIL ACTION - LAW ACTION TO QUIET TITLE ORDER FOR PUBLICATIO!~T AND NOW, this day of ,2002, upon presentation and consideration of the within Motion and at the suggestion of Robert G. Radebach, Attorney for Plaintiff, Plaintiff is hereby granted leave to make service of the Complaint upon Defendants, Ss.~uuel Chamberlsdn, Christl&u Lehr~er, Joseph Brlcker Jr., J. O. Sa~xton, Michael Ege, Ebenezer Horseman, Jacob Dea~dorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Hern, y l~cCormick, Jamaes McCorn~ck and J. Do Cs.meron, Trustees of the Js.mes McCormick Estate Oa~k Grove L~ber Company, C. P. H~m~ich, David Griest, Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffman a/k/a Peter Huffman, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler, and their respective heirs, successors and assigns, by publication one time in the Cumberland Law Jot~rnal and one newspaper of general circulation in the County of Cumberland, Pennsylvania, as provided by Pa. I~.C.P. 430(b). BY THE COUP~T, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY : Plaintiff : VS. : SAMUEL CHAMBERLAIN, : CHRISTIAN LEHMER, : JOSEPH BRICKER JR., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEARDORF, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CHARLES EDDY, HENRY : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMERON, : TRUSTEES OF THE JAMES : MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, DAVID GRIEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, A/K/A : PETER HUFFMAN, JOSEPH BOSLER, : J. HERMAN BOSLER, ALSO KNOWN AS : J. H. BOSLER, and their heirs, successors and : assigns, : Defendants : CIVIL ACTION - LAW NO. ACTION TO QUIET TITLE MOTION FOR SERVICE BY PUBLICATION AND NOW, this,~3~~£~ day of ~l---A~[~J'~ ., 2002, an Affidavit having been executed and filed herewith on behalf of Plaintiff that the identities and whereabouts of the Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, C. P. Humrich, David Griest,'Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffman a/k/a Peter Huffman, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler and their respective heirs, successors and assigns, are unknown to Plaintiff, Plaintiff by his attorney, Robert~ad~h, Esquire, moves your Honorable Court for leave to serve the C~'~is act~ upon said Defendants and their respective heirs, successor~ff~ns,~,/~cation in such manner as the Court shall direct, as provided ~~/~b). ~ ~submitted, . Ro~ J~ · Radebach, Esquire ' ' Att~ n~y for Plaintiff CHARLES M. FOGARTY, Plaintiff SAMUEL CHAMBERLAIN, CHRISTIAN LEHMER, JOSEPH BRICKER, JR., J.O. SAXTON, MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER EGE, JOHN JOHNSON, JOSEPH THOMAS, CHARLES EDDY, HENRY McCORMICK, JAMES McCORMICK, and J.D. CAMERON, TRUSTEES of the JAMES McCORMICK ESTATE, OAK GROVE LUMBER COMPANY, C.P. HUMRICH, DAVID GRIEST, JACOB GRIEST, JACOB BOWER, JOHN FAHNESTOCK, PETER HOFFMAN, a/k/a PETER HUFFMAN, JOSEPH BOSLER, J. HERMAN BOSLER, a/k/a J.H. BOSLER, and their heirs, successors, and assigns, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5149 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of November, 2002, upon consideration of Plaintiff's "Motion for Service by Publication," and it appearing that Plaintiff has not included an affidavit stating the nature and extent of the investigation that has been made to determine the whereabouts of Defendants and the reasons why conventional service cannot be made, the motion is denied, without prejudice to file a new motion with affidavit and more particulars. See Pa. R.C.P. 430(a). BY THE COURT, Robert G. Radebach, Esq. 912 North River Road L~.~.,./ , Halifax, PA 17032 Attorney for Plaintiff IN THE COUI~T OF COMMON PLEAS OF CUMBEi~LAND COUNTY, PENNSYLV~I~IA CHAB.Lw, S M. FOGARTY : PlA.thrift : VS. : SAMUEL CHAMBEI~LAIN, : CHI~IS~ LEHMER, : JOSEPH BI~ICKER Jla., : J.O.SAXTON, : MICHAEL EGE, EBENEZEI~ : HOI~SEMAN, : JACOB DEAB~OI~F, PETEI~ : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CI-IARLES EDDY, HENleY : MCCOlt~MICK, JAMES MCCOB~ICK : AND J. D. CAMEI~ON, : TRUSTEES OF TIKE JAMES : MCCORMICK ESTATE, : OAK GI~OVE LUMBEI~ COMPANY, : C.P. HUMi~ICH, DAVID Gi~IEST, : JACOB GRIEST, JACOB BOWEI~, : JOHN YAHNESTOCK, : PETER HOFFMAN, A/K/A : PETEi~ HUFFMAN, JOSEPH BOSLER, : J. HEI~MAN BOSLEI~, ALSO KNOWN : AS J. H. BOSLER, and their heirs, : successors and assigns, : Defendants : CrV-iL ACTION - LAW NO. 02-§149 CML ACTION TO QUIET Trl~.E MOTION FOR SERVICE BY PUBLICATION AND NOW, this 10th day of J_~_.~_~;~Y, 2003, an .Af~davit having been executed and filed herewith on behalf of Plaintiff t~]at the identities and whereabouts of the Defendants, Samuel Chs.mberl~in, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Ch_a~les Eddy, Henry McCormick, Js.,~es McCorm~ck and J. D. Cs;meron, Tnmtees of the McCormick Estate Oak Grove L~,~nber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Falmestock, Peter Hof~a.n sYk/a Peter H~,ffvnan, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler _,;nd their respective heirs, successors and assigns, are u~rnown to Plaintiff, and further t.bat a Supplementary ~ttdavit having'been f~led that the Plalntif~ has made a d~l~gent effort to locate the Defendants, without success, by his attorney, l{obert G. ltadebach, Esquire, mow~=s your Honorable Court for leave to serve the Compl_a~nt in this action upon sa.~d Defendants and their respective heirs, successors and assigns by publication in such manner as the Courb shall d~ect, as provided by Pa. I{.C.P. 4sOCo). Attorney for Plsiut~ff IN THE COUI~T OF COMMON PL]~S OF CUMBEI~LAND COUNTY, PENNSYLVANIA CHARJ~S M. ¥OGAi~TY Platntiff VS. SAMUEL CHAMBEBJMklN, C~IS~ ~~~, JOSEPH B~C~ ~-, j. O.~ON, ~C~L EGE, EBE~ZE~ HO~SE~, JACOB D~O~F, PE~ EGE, JO~ JOHNSON, JOSEPH THO~, C~~S EDDY, ~~Y MCCO~CK, J~S MCCO~CK ~ J. D. ~~ON, T~USTEES OF T~ J~S MCCO~~ ESTA~, O~ G~O~ L~E~ CO~~, C.P. ~ICH, DA~ G~ST, JACOB G~ST, JACOB BO~, JO~ F~STOCK, PE~ HO~, ~A PE~ ~~, JOSEPH BOSLE~, j. ~~ BOS~, ~SO ~0~ ~ J. H. BOS~, ~d the~ he~s, s~ccessors 8~d ass$s, Defen~ts CIVIL ACTION - LAW NO.. 02-5149 CIVIL ACTION TO QUIET TITLE p~CIPE TO i~EINSTATE COMPLAI~ Kindly reinstate the Complaint in the n~tt~: alz~ov~e~~ited~ Dated: JanuaFy 10, 2003 7' ~obert ~ l~ebach, Esquire Attorney for PLaintiff IN THE COURT OF CO1VI].VION PLEAS OF CU1VIBEi:tL/kND COUNTY, PENNSYLVANI& CI-IARLw. S M. FOGARTY Plaintiff VS. ~L CIIAMBEi~LAIN, CtKRIS~ LW, Mm~ER, JOSEPH BI~ICKER JR., J. O.SAXTON, MICHAEL EGE, EBENEZEi~ HORSEMAN, JACOB DEARDO~, PETER EGE, JOHN JOHNSON, JOSEPII THOMAS, CHARLES EDDY, HENRY MCCORMICK, JAMES MCCORMICK AND J. D. CAMERON, TRUSTEES OF THE JAMES MCCORMICK ESTATE, OAK GROVE LUMBER COMPANY, C.P. HUMI~CH, DAVID GRIEST, JACOB GRIEST, JACOB BOWER, JOHN FAHNESTOCK, PETER IIOFFMAN, A/K/A PETER HUFFMAN, JOSEPH BOSLER, J. HEI~MAN BOSLER, ALSO KNOWN AS J. II. BOSLER, and thelr heirs, successors and asslgI1s, Defendants CIVIL ACTION - LAW NO. 02-§149 CML ACTION TO QUIET TITLE SUPPLEMENTARY AFFIDAVIT CONCE[RNING ~REABOUTS OF DEFENDANTS COMMO~TH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS : Robert G. Radebach, Esquire, being duly sworn according to law deposes and says that he is a member of the Bar of the Supreme Court of Pennsylvania; that he represents the P1A.iutiff in the action above- captioned; and that due to the fact that the defendants' ownership interests were vested prior to 1925, he entered upon an independent investigation of the facts and circ~_~mstances stu:roundiug the lands in question and which are the subject of the Action to Quiet Title, prior to the commencement of the instant Action to Quiet Title. This investigation included a comprehensive exam~Lation of the deed indices in and for the Counties of Cumberland and Per~ffy, as well as the Tax Assessment l~olls and the offices of the C~mberland County l~egister of Wills and the Pennsylvania Archives. None of the aforesaid investigations yielded any beneficial knowledge regarding the existence of conveyances of record or not of record for the subject prem~,~es. The tax assessment record clearly indicates a chains of title consistent with the c].A.~ms made by the present Plaintiff. Investigation was further made into the relevant estate proceert~ugs in the C~_~mberiand County and th~.t investigation yielded no relevant or helpful information concerning the, present whereabouts of the n~.med Defendants or their respective he~,,i, ~uc~es~gr assigns. Robert O. Radebach Sworn and subscribed to before me this 31st day OF cUMBER,Y.AND CoUET , x" CttARLES M. FOGAi~TY PlalI~tlff VS. BAM'UEL C15.A.MiBEI:tLAIN, : : CB2RIsTIAN 'r_..Ett3~_ ,l:t, : JOSEPI-I BI~ICI~2ER JR., : j.o.SAXTON, : MICttAEL EGE, EBEi~-EZEI:t : ttOI~8EMAN, JACOB DEAP~OI~F, PETER : EGE, JO~ jonSON, JOSEP~ : EO~, C~S EDDY, ~M : MCCO~CE, j~S MCCO~CK : : ~ J. D. c~RON, : ~us~ES OF ~ J~S MCCO~CE ESTA~, : O~ G~O~ L~E~ CO~~, : C.P. ~IC~, DA~ GRIST, JACOB G~ST, JACOB BO~R, : : JO~ F~STOCK' : PE~ ~F~, JOSEP~ BOS~R, : j. ~~ BOS~R, ~SO ~0~ : ~ J. E. BOS~R, ~d the~ he~s, : : S~OOeSSOrS ~d asses, : Defend~tS CIVIL ACTION - LAW ACTION TO QUIET TITLE OI%DER FOR pUBLICATION. AND NOW, this %~ day of January; 2003, upon presentation and consideration of the within Motion and at the suggestion of Robert G. l%adebach, Attorney for Plaintiff, Plaintiff is hereby granted leave to n~ake service of the Con~pls.~ut upon Defendants, JAN 1 & 2003 IN THE COUI T OF COMMON PLEAS OF CUMBER, T, ND COUNTY, PENNSYLVANIA cI:rA,.Tq.T.'IiIS M. i~OGARTY : Plslutiff : VS. : SAMUEL CHAMBE~N, : CMu~ISTIAN T,E~E.R, : JOSEPH BI~ICWER JR., : J.O.SAETON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEAI~DOI~, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CHART.ES EDDY, I-TENRY : MCCOI~MICK, JAMES MCCOlt~ICK : AND J. D. CAMERON, : TRUSTEES OF THE, JAMES : MCCORMICK ESTATE, : OAK GROVE L~ER COMPANY, : C.P. HIIMRICH, DAVID GRIEST, : JACOB GRTEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMA_lV, A/K/A : PETER HUFFMAN, JOSEPH BOSLER, : J. HE~ BOST.I~.R, ALSO KNOWN : AS J. H. BOSLER, and their heirs, : successors and assigns, : Defendants : CIV--, ACTION - LAW ACTION TO QUTE, T TITLE OI~DER FOR PUBLICATION AND NOW, tlmls ~ day of January,~ 2003, upon presentation and consideration of the wlthlu Motion and at the suggestion of Robert G. Radebach, Attorney for Plaintiff, Plaintiff is hereby granted leave to make service of the Cor~plaint upon Defendants, Samuel Cb~.mber]aiu, C~'istia~ Lebmer, Joseph Bricker Jr., J. O. Saw,on, ~Iicl~ael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry l~IcCormtck, James McCormick a~d J. D. Ca~eron, Trustees of the James l~[cCormtck Estate Oal~ Grove L~mber Coml~.~y, C. P. H~m~ich, David Griest, Jacob Griest, Jacob Bower, John Fahuestock, Peter Zorf,~au a/k/a Peter Z~f~man, Joseph Bosler, a~d J. Herman Bosler also known as J. PI. Bosler, and their respective heirs, successors and assigns, by publication one tlme in the ~berland Law Journal and one newspaper of general circulation in the County of C~berland, Pennsylvania, as provided by Pa. ~.~(b). IN THE COURT OF COMMON PLEAS OF CUMBERT,AI~D COUNTY, PENNSYLVANIA CHARLES M. FOGARTY : Plaintiff : VS. : SAMUEL CHAMBERLAIN, : CHRISTIAN LEHMER, : JOSEPH BRICKER JR., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DE_A_RDORF, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CHARLES EDDY, HENRY : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMERON, : TRUSTEES OF THE JAMES : MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, DAVID GRIEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, A/K/A : PETER HUFFMAN, JOSEPH BOSLER, : J. HERMAN BOSLER, ALSO KNOWN : AS J. H. BOSLER, and their heirs, : successors and assigns, : Defendants : CI~rIL ACTION - LAW NO. 02-5149 CIVIL ACTION TO QUIET TITLE AFFIDAVIT PURSUANT TO PA.P~.C~P. 1066(a) COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN : l~obert G. Radebach, Esquire, being duly sworn according to law deposes and says that he is the Attorney for the Plaintiff in the action above-captioned and that: 1. This action was commenced by the £fling of a Complaint on October 24, 2002. 2. By an Order for Publication dated January 17, 2003, the Court directed that said Complaint be served by publication of a Notice of Action to Quiet Title once in the Dauphin County Reporter and once in a newspaper of general circulation in Dauphin County, Pennsylvania. 3. Pursuant to said Order, your Affiant caused the attached Notice to be duly advertised in accordance with said Order with 'the last publication appearing on February 5, 2003, see Certificate of Service Fried contemporaneously herewith. 4. From and after February 5, 2003, none'of the named Defendants, nor any of their respective heirs, successors or assigns, have appeared in this action nor have they £fled any pleadings in thi~on which period of time / / exceeds the period of 20 days. This Affidavit is executed February,. ad~ebach, Esquire Subscribed and sw.or~o tary PubB. c NOTARIAL SEAL JOANNE M. BLOSE, Notan/Public Halifax Townsh~, Dauphin County IN THE COURT OF COMMON PLEAS OF CUMBERT,AND COUNTY, PENNSYLVANT& CHARLES M. FOGA_RTY : Plaintiff : VS. : SAMUEL CHAMBERLAIN, : CHRISTIAN LEHMER, : JOSEPH Bi%ICKER JR., : J.O.SAXTON, : MICHAEL EGE, EBENEZEI~ : HORSEMAN, : JACOB DEARDOi%F, PETEI~ : EGE, JOHN JOHNSON, JOSEPH : THO1VIAS, C~A_RLES EDDY, HENi%Y : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMERON, : Tl~USTEES OF THE JAMES : MCCOi%MICK ESTATE, : OAK GI~OVE LUNIBEI~ CO1VIPANT, : C.P. HUM~ICH, DAVID GI~IEST, : JACOB Gl%IEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETEl% HOFFMAN, A/K/A : PETEI~ HUFFMAN, JOSEPH BOSLEi%, : J. HERMAN BOSLER, ALSO KNOWN : AS J. H. BOSLEI~, and their heirs, : successors and assigns, : Defendants : CIVIL ACTION - LAW NO. 02-5149 CIVIL ACTION TO QUIET TITLE CEi%TIFICATE OF SERVICE AND NOW, this ~~ay of, ~/~/_~ , 2003, I, Robert G. l~adebach, Esquire, Attorney for Plaintiff, do hereby certify that I represent the Plaintiff in the above-captioned matter and that the attached Notice of Action to Quiet Title pursuant the Court's order, dated the 17th day of January, 2003, was duly advertised in the Cumberland Law Journal on 1,~/3 ~d t~h~ January 3 ews on February 5, 2003. See proofs of publicat~ret .o~ l~obert G. l~adebach, 912 North l~iver ~oad Halifax, PA 17032 (717) 89e-2eee I.D.# 19255 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 5th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly' authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ............................... ~. .................... COPY Sworn to and su~m~ e~tbis i~2003 A.D. .... City~~,u~n~ - I- N /~ ~ - - ' ._ My~~~Jme6,~i ~ O~RY PUBLIC ~, ~n~ffa Ass~ ~y commission expires June 6, 2006 I IN,Till COURT OF ~_P~IAS I NO. 1141M CtVIL , / ' CIVIl. &eTlON. LAW . I~ ! / · ACTIONTOGUIrrTITL! ~ lltJ / j.k/KMAN IC~LII~ ALSO KNOWN IS il / To ad~ oxmlw'/_w~n,_(;a~. ~... ~ Il ROBERT G. RADEBACH ATTO R N EY-AT- LAW 912 NORTH RIVER ROAD HALIFAX, PA. 17032 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 940.72 $ 1.75 $ 942.47 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland. Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz JANUARY 31,2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are SWORN TO AND SUBSCRIBED before me this 31 dayof JANUARY 2003 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 02-5149 Civil CHARLES M. FOGARTY, Plaintiff VS. SAMUEL CHAMBERLAIN, CHRISTIAN LEHMER, JOSEPH BRICKER, JR., J. O. SAkrON, MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER EGE, JOHN JOHNSON, JOSEPH THOMAS, CHARLES EDDY, HENRY McCORMICK, JAMES McCORMICK, AND J. D. CAMERON, TRUSTEES OF THE JAMES McCORMICK ESTATE, OAK GROVE LUMBER COMPANY, C. P. HUMRICH, DAVID GRIEST, JACOB GRIEST, JACOB BOWER, JOHN FAHNESTOCK, PETER HOFFMAN, A/K/A PETER HUFFMAN, JOSEPH BOSLER, J. HERMAN BOSLER, ALSO KNOWN AS J. H. BOSLER, and their heirs, successors and assigns, Defendants NOTICE OF ACTION TO QUIET TITLE To: Samuel Chamberlain, Christian Lehmer, Joseph Bricker, Jr., J. O. Saxton, Michael Ege, Ebene- zer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate, Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fahne- 4 stock, Peter Hoffman, a/k/a Peter Huffman, Joseph Bosler, and J. Herman Bosler, also known as J. H. Bosler and their heirs, successors and assigns, Defen- dants: NOTICE IS HEREBY GIVEN that on October 24, 2002, the above named Plaintiff filed a Complaint to Quiet 'rifle as above noted against you seeking a Court Order decree- lng that Plaintiff owns the premises below described in fee simple, free and clear of any and all right, title, interest, claim or demand which you may have in and to said premises. Plaintiff claims to be the owner of said premises by virtue of regular chains of title which are presently subject to possible outstanding in- terests of the named defendants due to unrecorded deeds in the chains of title as well as issues con- cerning accuracy concerning the respective chains of title, and issues regarding validity of title from the Commonwealth of Pennsylvania. Plaintiff further seeks to clear and remove any and all of the said clouds of title for the premises which are described as follows: Tract No. 1: ALL that certain tract of Moun- tain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described ;according to a sur- vey by Act 1 Consultants, Inc. on 8/30/2001 as follows: BEGINNING at pipe and stones: thence by lands of James A. Edris and Fred E. Bucher South twenty- one degrees fifty-seven minutes nine seconds East eight hundred sev- enty-six and sixty-five hundredths feet to stones; thence by lands now or late of George Peffer South twenty-two de~'ees fifty-seven min- utes nine seconds East nine hun- CUMBERLAND LAW JOURNAL dred eight and twenty-one hun- dredths feet to stones; thence by White Rock Acres North seventy- three degrees twenty-six minutes one second East two hundred twen- ty-nine and forty-five hundredths feet to pin and stones; thence by lands now or late of Anna Eberly North twenty-two degrees thirty min- utes forty-three seconds West one thousand seven hundred sixty-four and forty-five hundredths feet to pin and stones; thence by lands of Charles and Wayne Myers South seventy-eight degrees thirty minutes West two hundred thirty and eighty- nine hundredths feet to BEGIN- NING. Containing 9.425 acres by sur- vey. TOGETHER with a right-of-way through land now or formerly of Cary W. Ahl; and subject to an agreement between C.W. Ahl, David Brandt and Christian Lehmer, dated December l, 1853. Being designated as Cumberland County Tax Parcel #22-12-0348- 073. Tract No. 2: ALL that certain tract of Moun- tain Land situate in the Township of South Middleton, County of Cumberland and State of Pennsyl- vania bounded and described as follows: BEGINNING at a pine stump; thence by lands of Ege, North forty- two and one half degrees West one hundred and two perches to stones; thence by same, North sixty-four and three fourth degrees East twenty-three perches to a pine; thence South forty-three and one half degrees East seventy-two and one half perches to a pine; thence by Jacob Bower, South thirty-three perches and eight tenths to the place of BEGINNING. CONTAINING. 15 Acres more or less. Being designated as Cumberland County Tax Parcel #40-15-0201- 039. Tract No. 3: ALL that certain tract of Moun- tain Land situate in the Township of Lower Frankford, County of Cum- berland and State of Pennsylvania bounded and described as follows: BEGINNING itt stones at the foot of North Mountain; thence by lands of Grfffle North twenty degrees West sixty-one perches more or less to a post on the line between Cumber- land and Perry Counties; thence by lands of George B. Dum and along or near said County line Northeast- erly various courses and distances three hundred trod seven perches more or less to stones near cross- ing at Waggoners Gap Road; thence by lands of Harvey H. Cramer and d. W. Hoy South twenty-six degrees East fifty-two perches more or less to stones; thence, by lands of Nailor, Waggoner, Shughart and others, South seventy-one degrees West three hundred and three perches more or less to stones, the place of BEGINNING. CONTAINING 91 ACRES MORE OR LESS. Being designated as Cumberland County Tax Parcel #14-04-0381- 103. Tract No. 4: ALL that certain tract of Moun- tain Land situate in the Township of South Middleton, County of Cum- berland and State of Pennsylvania near the intersection of the county lines of Cumberland, Adams and York bounded and described as fol- lows: BEGINNING at a pine tree in Ege's line and corner of Thomas Godfrey's heirs; thence by lands of CUMBERLAND LAW JOURNAL said Godfrey's heirs, South sixty- eight degrees East, twenty-nine and forty-eight hundredths perches to a ground oak; thence by lands of John Fahnestock, South forty and nine tenths perches to a post; thence by said Ege land, North fifty-six and one half degrees West thirty-two and twenty-eight hundredths perches to stones; thence by same, North thirty- three and eight tenths perches to the place of BEGINNING. CONTAINING 6 Acres 57 Perches. Being designated as Cumberland County Tax Parcel #40-15-0201- 040. YOU ARE FURTHER NOTIFIED that the Court of Common Pleas of Cumberland County, Pennsylvania, has ordered that service of the Com- plaint be made upon Samuel Cham- berlain, Christian Lehmer, Joseph Bricker, Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Hen- ry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate, Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffman, a/k/a Peter Huffman, Jo- seph Bosler, and J. Herman Bosler, also known as J. H. Bosler and their heirs, successors and assigns, De- fendants, by an Order dated Janu- ary 17th, 2003, which requ/res that this notice be published one time in the Cumberland Law Journal and also in one newspaper of general circulation in Cumberland County, Pennsylvania. IF YOU WISH TO DEFEND, YOU MUST ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE YOUR DE- FENSES OR OBJECTIONS IN WRIT- ING WITH THE COURT. YOU ARE WARNED THAT I[F YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU ,~aND A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT FUR'I~ER NOTICE FOR THE RELIEF REQUESTED IN THE COMPLAINT. YOU MAY LOSE MON- EY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU (DAN GET LEGAL HELP. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: (717) 240-6200 ROBERT G. ],~MDEBACH, ESQUIRE Attorney for Plaintiff I.D. #19255 912 North River Road Halifax, PA 17032 (717} 896-2666 Jan. 31 IN THE COURT OF COMMON PLEAS OF CUMBEI:tT,AND COUNTY, PENNSYLV.A CHARLES M. FOGAI{TY : Plaintiff : VS. : SAMUEL CHAMBERLAIN, : CHRISTIAN LEH1VIEI{, : JOSEPH BI%ICKEI{ Jl%., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEARDORF, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CI-IAi{LES EDDY, HENRY : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMERON, : TRUSTEES OF THE JAMES : MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMI{ICH, DAVID Gi%IEST, : JACOB Gl{IEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFF1VIAN, A/K/A : PETER HUFFMAN, JOSEPH BOSLER, : J. EEl{MAN BOSLEI{, ALSO KNOWN : AS J. H. BOSLEI{, and their heirs, : successors and assigns, : Defendants : CrV-IL ACTION - LAW N0. 02-5149 CIVIL ACTION TO QUIET TITLE MOTION FOR JUDG~~ AND NOW, this ~ ~ day of February, 2003, comes the Plaintiff, CHARLES M. FOGA_RTY, by his attorney l~obert G. I~adebach, and moves the Court to enter judgment in his favor and against the Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. 0. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, Jolhn Johnson, Joseph Thomas, Chs~les Eddy, Hen~ McCormick, James l~cCormick and J. D. Cameron, Trustees of the Jamaes McCormick Estate Os~k Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fat~nestock, Peter HoEman aJk/a Peter Huffman, Joseph Bosler, and J. Herms~n Bosler also known as J. Ho Bosler, and their heirs successors and assigns, a~ud in support thereof assigns the following: 1. This action was commenced on October 24, 2002, by the f~ling of a Complaint in the above-captioned matter. 2. By an Order for Publication dated Js0nua~y l?, 200S, your Honorable Court ordered that the Complaint be set,red upon the Defendants by publication as required once a week in one newspaper of genersd circulation in Cumberland County, Pennsylvania, a~ud once in the Cumberland Law Journal. S. On February 8, 200S, the s~d service by publication was completed as evidenced by the Proofs of Publication attached to a Certil~cate of Service which is being f~led contempors~ueous~y herewith. 4. From and alger February 5,200S, none of the Defendants nor any of their respective heirs, successors and assigns have either appeared in this action or have they £~led any pleadings which period of time now exceeds the space of 20 da~vs. 5. Plaintiff is entitled to an Order substantial to form provided by Pa.R.C.P. 1066(b)(1) granting him the relief requested in the Complaint filed in this action. RE SPE~~/L~.~~//TTE D, Attorney for Plaintiff 912 North River Road Halifax, PA 17032 FEB 27 ~003 ~ IN THE COURT OF COMMON PLEAS OF CUMBERT,A_ND COUNTY, PENNSYLV.ANT& CHARLES M. FOGARTY : Plaintiff : VS. : SAMUEL CHAMBERLAIN, : CHRISTIAN LEHMER, : JOSEPH BRICKER JR., : J. 0.SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEA_RDORF, PETER : EGE, JOHN JOHNSON, ,JOSEPH : THOMAS, CHARLES ED~Y, HENRY : MCCORMICK, JAMES. MCCORMICK : AND J. D. CAMERON, : TRUSTEES OF THE JAMES : MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, DAVID GRIEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, A/K/A : PETER HUFFMAN, JOSEPH BOSLER, : J. HERMAN BOSLER, ALSO KNOWN : AS J. H. BOSLER, and their heirs, : successors and assigns, : Defendants : CIVIL ACTION - LAW NO. 02-5149 CML ACTION TO QUIET TITLE AND NOW, this ORDER FOR I~E~ ~day of ,2003, upon presentation and consideration of the within Motion and at the suggestion of Robert G. Radebach, Attorney for Plaintiff, it is hereby ORDERED and DECREED as follows: 1. That the Complaint to Quiet Title has been duly served upon the Defend~mts above named by publication which service was completed on February 5, 2003. 2. From and after the aforesaid date of service the said Defendants and their respective heirs, successors and assigns have neither appeared nor answered said Complaint. 3. Plaintiffs appears to be entitled to the relief requested in the Complaint filed in the above action. 4. It is hereby ordered and decreed that the Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffman a/k/a Peter Huffman, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler, and their heirs successors and assigns be forever barred from asserting any right, lien, title or interest in the following premises. Tract No. 1: ALL that certain tract of Mountain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described according to a survey by Act 1 Consultants, Inc. on 8/30/2001 as follows: BEGINNING at pipe and stones; thence by lands of James A. Edris and Fred E. Bucher South twenty-one degrees fifty-seven minutes nine seconds East eight hundred seventy-six and sixty-five hundredths feet to stones; thence by lands now or late of George Peffer South twenty-two degrees fif0y- seven minutes nine seconds East nine hundred eight and twenty-one hundredths feet to stones; thence by White Rock Acres North seventy-three degrees twenty-six minutes one second East two hundred twenty-nine and forty-five hundredths feet to pin and stones; thence by lands now or late of Anna Eberly North twenty-two degrees thirty minutes forty-three seconds West one thousand seven hundred sixty-four and forty-five hundredths feet to pin and stones; thence by lands of Charles and Wayne Myers South seventy-eight degrees thirty minutes West two hundred thirty and eighty-nine hundredths feet to BEGINNING. Containing 9.425 acres by survey. TOGETHER with a right-of-way through land now or formerly of Cary W. Ahl; and subject to an agreement between C.W. Ahl, David Brandt and Christian Lehmer, dated December l, 1853. Being designated as Cumberland County Tax Parcel #22-12-0348-073 Tract No. 2: ALL that certain tract of Mountain Land situate in the Township of South l~Iiddleton, County of C~raberland and State of Pennsylvania bounded and described as follows: BEGINNING at a pine stump; thence by lands of Ege, North forty-two and one half degrees West one hundred and two perches to stones; thence by same, North sixty-four and three fourth degrees East twenty-three perches to a pine; thence South forty-three and one half degrees East seventy-two and one half perches to a pine; thence by Jacob Bower, South thirty-three perches and eight tenths to the place of BEGINNING. CONTAINING 15 Acres more or less. Being designated as Cumberland County Tax Parcel # 40-15-0201-039 Tract No. 3: ALL that certain tract of Iountain Land situate in the Township of Lower Frankford, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at stones at the foot of North Mountain; thence by lands of Griffie North twenty degrees West sixty-one perches more or less to a post on the line between Cumberland and Perry Counties; thence by lands of George B. Dura and along or near said County line Northeasterly various courses and distances three hundred and seven perches more or less to stones near crossing at Waggoners Gap Road; thence by lands of Harvey H. Cramer and J. W. Hoy South twenty-six degrees East fifty-two perches more or less to stones; thence by lands of Nailor, Waggoner, Shughart and others, South seventy-one degrees West three hundred and three perches more or less to stones, the place of BEGINNING. CONTAINING 91 ACI~ES MORE OR LESS Being designated as Cumberland County Tax Parcel # 14-04-0381-103 Tract No. 4: ALL that certain tract of Mountain Land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania near the intersection of the county lines of Cumberland, Adams and York bounded and described as follows: BEGINNING at a pine tree in Ege's line and corner of Thomas Godfrey's heirs; thence by lands of said Godfrey's heirs, South sixty-eight degrees East, twenty- nine and forty-eight hundredths perches to a ground oak; thence by lands of John Fahnestock, South forty and nine tenths perches to a post; thence by said Ege land, North fifty-six and one half degrees West thirty- two and twenty-eight hundredths perches to stones; thence by same, North thirty-three and eight tenths perches to the place of BEGINNING. CONTAINING 6 Acres 57 Perches Being designated as Cumberland County Tax Parcel #40-15-0201-040 unless the said Defendants or their heirs, successors or assigns commence an action in Ejectment against the Plaintiffs for the premises above described, within 30 days alter the publication of the Notice of this Order. 5. If the said Defendants fail to act as req~i~ed by this Order within the prescribed period of time, then this Order shall become final and the Plaintiff shall be the Owner in fee simple of the herein-described premises free and clear of any and all right, title, interest, claim or demand of the said Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffman a/k/a Peter Huffman, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler, and their heirs successors and assigns, and said Defendants shall be further barred from denying, impeaching or in any way attacking Plaintiffs title in and to the said premises. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERT,AND COUNTY, PENNSYLV CHARLES M. FOGA_RTY : Plaintiff : VS. : SAMUEL CHA1VIBERLAIN, : CHRISTIAN LEHMER, : JOSEPH BRICKER JR., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HORSENIAN, : JACOB DEA_RDORF, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CHARLES EDDY, HENRY : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMERON, : TRUSTEES OF THE JAlVIES : MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, DAVID GRIEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, A/K/A : PETER HUFFlVI2kN, JOSEPH BOSLER, : J. HER1VIAN BOSLER, ALSO KNOWN : AS J. Z. BOSLER, and their heirs, : successors and assigns, : Defendants : CML ACTION - LAW NO. 02o5149 CML ACTION TO QUIET TITLE MOTION FOR JUDGI~ENT AND NOW, this ~ ~ day of February, 2003, comes the Plaintiff, CI-LA_RLES M. FOGA_RTY, by his attorney l~obert G. l~adebach, and moves the Court to enter judgment in his favor and against the Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James l¥IcCormick Estate Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffman a/k/a Peter Huffman, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler, and their heirs successors and assigns, and in support thereof assigns the following: 1. This action was commenced on October 24, 2002, by the filing of a Complaint in the above-captioned matter. 2. By an Order for Publication dated January 17, 2003, your Honorable Court ordered that the Complaint be served upon the Defendants by publication as required once a week in one newspaper of general circulation in Cumberland County, Pennsylvania, and once in the Cumberland Law Journal. 3. On February 5, 2003, the said service by publication was completed as evidenced by the Proofs of Publication attached to a Certificate of Service which is being filed contemporaneously herewith. 4. From and after February 5, 2003, none of the Defendants nor any of their respective heirs, successors and assigns have either appeared in this action or have they filed any pleadings which period of time now exceeds the space of 20 days. 5. Plaintiff is entitled to an Order substantial to form provided by Pa.tt.C.P. 1066(b)(1) granting him the relief requested in the Complaint filed in this action. RES~~l:to~ert G.~l:tac~ebach, Es TTEquirDe' Attorney for Plaintiff 912 North River l~oad Halifax, PA 17032 CHARLES M. FOGARTY Plaintiff, SAMUEL CH~ERLAIN, : CHRISTIAN LEHlVIER, : JOSEPH BRICKER JR., : J.O. SAXTON, : MICHEAL EGE, : EBENEZER HORSEMAN, : JACOB DEARDORF, : PETER EGE, : JOHN JOHNSON, : JOSEPH THOMAS, : CHARLES EDDY, : HENRY MCCORMICK AND : J.D. CAMERON, TRUSTEES OF THE : JAMES MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, : DAVID GRIEST, : JACOB GRIEST, : JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, : JOSEPH BOSLER, : J. HERMAN BOSLER, and their heirs, : successors and assigns : Defendants· : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5149 CIVIL TERM CIVIL ACTION - LAW PETITION TO INTERVENE AND NOW COMES Petitioner, Michael S. Farlling, through his attorneys, Irwin, McKnight & Hughes, and files this Petition to Intervene pursuant to Pa. R.C.P. 2328 and in support thereof avers as follows: 1. Petitioner Michael S. Farlling is an adult individual residing at 255 Union Hall Road, Carlisle, PA 17013. 2. Petitioner Michael S. Farlling is the owner of certain land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at stones a comer of line between Cumberland and Perry Counties, of land now or formerly of Samuel A. Shambaugh; thence by said land of said Shambaugh, South 19 degrees East 65 perches to stones a comer of lands now or formerly of B. Nickey and others; thence by same North 68 3A degrees East 173 perches to a fallen black oak, comer of lands now or formerly of Andrew Barrick; thence by said Barrick and others, North 71 aA degrees East 62.7 perches to stones, a comer of land now or formerly of C. P. Humrich; thence by said Humrich, North 20 degrees West 61 perches, more or less, to a post on line between Cumberland and Perry Counties; thence by said county line in a southwesterly direction, the several courses and diistance estimated as 235 perches, more or less, to stones, a comer of said line, the Place of BEGINNING. CONTAINING 91 acres and 7 perches. 3. Petitioner's property described above abuts the 91 acres more or less designated as Cumberland County Tax Parcel #14-04-0381-103, the subject of Plaintiff's Complaint Count No. 3, in Plaintiff's Action to Quiet Title. A copy of Count No. 3 of Plaintiff's Complaint is attached as Exhibit "A" and incorporated herein by reference. The determination of this Court on Plaintiff's Action to Quiet Title will directly affect Petitioner's property rights since Petitioner is abutting landowner and is currently in possession of the 91 acres more or less subject to Count No. 3 of Plaintiff's Complaint. 5. This intervention petition will not unduly delay or prejudice the adjudication of the rights of the parties herein. 6. If allowed to intervene, Petitioner will answer Plaintiff's Complaint asserting that Petitioner is in possession of the property at issue in Counlt No. 3, that Plaintiff is not in possession of said property and therefore, Count 3 of Plaintiff's action to quiet title should be denied. WHEREFORE, Petitioner Michael S. Farlling respectfully requests this Court grant application to intervene in this action. Dated: April 2, 2003 Respectfully.~j~l~mitted, ~¢IGHT & HUGHES B"~ ja~uh.e S~uprefffe ~(!o~ut~t...I..D. 5 58884 Do,las G. Miller. Esquire S_~. re_me C~ourt 1D_# 83776 ~est Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys :for Petitioner Micheal S. Farlling _CERTIFICATE OF SERVICE I, James D. Hughes, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fa'st class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Date: April 2, 2003 IRWIN, McKNI~,HT & HUGHES // _Supreme,~ourt I.D. # 58884 / Douglas~G. Miller, Esquire x,..~est Pomfi'et Profe,~sional Building 60 West Pomfret Sla'eet Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner Michael S. Farlling heirs, successors or assigns. WHEREFORE, Plaintiff respectfully requests the Coral to enter an Order decianng that the said Plaintiff, Charles M. Fogmty, the owner in fee simple of the premises described in Paragraph 4 of this Complaint, fi'ee and clear of any right and all tit!c, interest, claim or demand of said Defendants, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter F. Ege, Jotm Johnson. and their respective heirs, successors, and assigns, and further barring the said Defendants from denying, impeaching or in any wav attacking Plaintiff's title in and to the said premises described in Paragraph 4, herein. COUNT'NO. 2; CHARLES M. FOGARTY v JOSEPH THOMAS,' CHARLES EDDY, JAMES MCCO1DelICK, OAK GROVE LUMBER COMPANY, C. P. HUMRICH AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS 38. Plaintiff acquired sole ownership interest to the .land described in Paragraph 5 herein by way of a deed fi'om Jmmifer A. Fogarty aka Jennifer Fogarty and Chat'les M. Fogat~y aka Charles Fogarty dated July 21, 2002 and recorded in Cumberland County Rccmd BOok 252 Page 3985, as Tract No. 7 therein. 39 Reference to Exhibit C, discloses that Joseph Thomas obtained title to lands wltich included the subject land in Patent Book 28, Volume P, Page 330. 40. Plaintiff avers that while Exhibit C indicates that the said Joseph Thomas did convey an undivided 2/3 interest in the subject tract, he lhas not conveyed of record:the -balance of his 1/3 undivided ownership interest. 41. Plaintiff has caused an extensive search and exanfination of the land records in and t0r the County of Cumberland, Pennsylvania, but nc. conveyance of record has been fotmd for fl~e residual title which had become vested in Joseph Thomas. 42. No. person claiming any interest in thc subject: premises as a successor in title to the said Joseph Thomas has ever appeared of record to assert any interest or right of poasession in and to the said premises described in Paragraph 5, inconsistent wi. th or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Joseph Thomas. his heirs, successors or assigns. 43. Reference to Exhibit C, discloses that Charles Eddy obtained title to lands which included the subject lands by a deed recorded in Perry County Deed Book N Volmne 1 Page 363 dated Nove~nber 30, 1796 entered October 1, 1799, wherein he received an undivided 2/3 interest in the lands described in Patent Book 28, Volume P, Page 330. 44. Plaintiff avers that while Exhibit C indicates l:hat the said Charles Eddy did convey an undivided 1/3 interest in the subject tract, hc has not conveyed ofrccord the balance of his 1/3 undivided ownership interest 45. Plaintiff has caused an extensive search and. examination of the land records and for the County of Cumberland, Pennsylvania, but no conveyance of record has been fmmd for the residual title which had become vested in Charles Eddy. 46. No person claiming any interest in the subject prenfises as a successor in title to the said Charles Eddy has ever appeared of record to assert any interest or right of possession in and to the said prentises described in Paragraph 5, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon the plaintiff's ownership by reason of the purportedly outstanding title of the said Charles Eddy, his heirs, successors or assigns. 47. Reference to Exhibit C, discloses that James lVlcCormick obtained title to the · subject tract of land in cumberland DeedS Volume 3 page 512, which deed was dated September 16, 1881. 48. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in James McCormick. 49. No person claiming any interest in the subject premises as a successor in title to the said James McCo~xnick has ever appeared of recerd tO assert any interest or right of possession in and to the said lbremises described in Paragraph 5, inconsistent with or adverse to the chain of title set forth herein so that a clond exists upon the plaintiff's ownelslfip by reason of the purportedly outstanding title of the said James McCmmick, his heirs, successors or assigns. 50. Plaintiff avers that Oak Grove Lumber Comp~my may have received some interest in the lands identified in Exhibit C by virtue of a statement after the description in Pen¥ Deed Book 80 page 398 which recited that Oak Grove Lumber Company was to receive what was described in the previous deed in the chain. 51. This previous deed included tile subject premises but the description in Perry Deed Book 80 page 398 did not. 52. Had there been an interest in the premises described in Paragraph 5 conveyed to Oak Grove Lumber Co~npany it has not been conveyed of record to date. 53. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Pennsylvania, but no conveyance of record has been found for the title which had become vested in Oak Grove Lumber Company. 54. No person clainfing any interest in the subject premises as a successor in title to the said Oak Grove Lumber Company has ever appeat'ed of record to assert any interest or fight of possession in andto the said premises described h~ Paragraph 3, inconsistent with or adverse to the chain of title set forth herein so that a cloud exists upon fl~c plaintiff's ownership by reason of the pmportcdly outstanding title of the said Oak Grove Lumber Company, its successors and/or assigns. 55. Reference to Exhibit C and related title research work discloses that C. P. Humfich was recited to be an owner of land including the premises described in Paragraph 5 herein. 56. Plaintiff has caused an extensive search and examination of the land records in and for the County of Cumberland, Peunsylvania, but no conveyance of record has been found for the vesting of title inter C. P. Humrich or conveyance of title by C. P. Humrich for the lands which might have been owned by the said C. P. Htm~rich. 57. No person clainfing any interest in the subject pre~nises as a successor intitle to fl~c said C. P. Humrich has ever appeared of record to assert any interest or right of possession in and to the said premises described in Parai~'aph 5, inconsistent with or adverse to the chain of title set foffi~ herein so that a cloud exists upon the plaintiff's ownership by reason of the pm'portedly outstanding title of the said C. P. Humrich ,: his heirs, successors or assigns. WHEREFORE, Plaintiff respectfully requests the: Court to enter an Order declaring that the said Plaintiff, Chat'les M. Fogarty, the owner in fee simple of the promises described in Paragraph 6 of this Complaint, free ,and clear of any right and all title, interest, claim or demand of said Defendants: Joseph Thomas, Charles Eddy, James McCormick, Oak Grove Lumber Company, C. P. Humrich and their respective heirs, successors, and assigns, and further barring the said Defendants from denying, intpcaching or in any way attacking Plaintiff's title in and to the said premises described in Paragraph 5 herein. CHARLES M. FOGARTY Plaintiff, SAMUEL CHAMBERLAIN, : CHRISTIAN LEHMER, : JOSEPH BRICKER JR., : J.O. SAXTON, MICHEAL EGE, : EBENEZER HORSEMAN, : JACOB DEARDORF, PETER EGE, : JOHN JOHNSON, JOSEPH THOMAS, : CHARLES EDDY, : HENRY MCCORMICK AND : J.D. CAMERON, TRUSTEES OF THE : JAMES MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANy, : C.P. HUMRICH, DAVID GRIEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, PETER HOFFMAN, JOSEPH BOSLER, · J. HERMAN BOSLER, and their heirs, : successors and assigns : Defendants. : IN THE COURT OF CoMMoN PLEAS : CUMBERLAND COUNTY NO. 02-5149 CP CIVIL ACTION - i ~RULE TO SHOW CAUSE AND NOW, this day of April, 2003, a rule is issued upon Char show cause why the Petition to Intervene of Michael S. Rule returnable PENNSYLVANIA L TERM LAW es M. Fogarty to Earlling should not be g :,anted. , By the Court IN THE COUI%T OF COMMON PLEAS OF CUMBEI:tLA1VD COUNTY, PENNSYLVANIA CHARLES M. FOGARTY Plaintiff VS. SAMUEL CHAMBERLAIN, CHRISTIAN LEHMER, JOSEPH BRICKER JR., J. O.SAXTON, MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER EGE, JOHN JOHNSON, JOSEPH THOMAS, CHARLES EDDY, HENI%Y MCCORMICK, JAMES MCCORMICK AND J. D. CAiVEERON, TRUSTEES OF THE JAMES MCCORI¥IICK ESTATE, O.~K GROVE L~ER COMPS, C.P. I-ILrMRICH, DAVID GRIEST, JACOB GRIEST, JACOB BO~-ER, JOHN FAHNESTOCK, PETER HOFFI~iAN, ~K/A PETER HUFF~, JOSEPH BOSLER, J. HERMAN BOSLER, ALSO KNOWN AS J. H. BOSLER, and their heirs, successors and assigns, Defendants CML ACTION - LAW NO. 02-5149 CML ACTION TO QUIET TITLE AFFIDAVIT OF ADVERTISEME~.NT COMMODE OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN : Robert G. l~adebach being duly sworn according to law deposes and says that he represents the Plaintiff in the action above captioned and that on IN THE COUI~T OF COMMON PLEAS OF CUMBEI~LAND COUNTY, PENNSYLVANT& CI-IAI~LES M. FOGAi~TY Plaintiff VS. SAMUEL CHAMBEI~LAIN, CHI~ISTIAN LEH_lVEEI~, JOSEPH BI~ICKEi~ JR., J. O. SAXTON, MICHAEL EGE, EBENEZEI~ HOi~SEMAN, JACOB DEAi~DOI~F, PETEI~ EGE, JOHN JOHNSON, JOSEPH THOMAS, CI-IA~LES EDDY, HENleY MCCOI~MICK, JAMES MCCOi~MICK AND J. D. CAMEI~0N, TI~USTEES OF THE JAMES MCCOP~IV~ICK ESTATE, OAK GI~OVE LUMBEI~ COMPANY, C.P. HUM~ICH, DAVID GI~IEST, JACOB Gl~IEST, JACOB BOWER, JOHN FAHNESTOCK, PETEl~ HOFFMAN, A/K/A PETER HUFFMAN, JOSEPH BOSLEi~, J. HERMAN BOSLEI~, ALSO KNOWN AS J. H. BOSLEI~, a~ud their heirs, successors and assigns, Defendants CML ACTION - LAW NO. 02-5149 CML ACTION TO QUIET TITLE pI~A_ECIPE FOR FINAL JUDGMENT TO THE PROTHONOTARY: Kindly enter on the Appearance Docket and on the Decree a notation that the Defendants, Samuel Chamberlain, Christian Lehmer, Joseph Bricker Jr., J. 0. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, Jaznes McCormick and J. D. C_s;raeron, Trustees of the Jaznes McCormick Estate Os~k Grove Lu~nber Compaz4v, C. P. Hm_,m~lch, David Grlest, Jacob Grlest, Jacob Bower, John Falmestock, Peter I-Ioffma~ sYk~a Peter Huffman, Joseph Bosler, s~nd J. Herman Bosler also known as J. H. Bosler, and their heirs successors and assigns, failed to take the action directed in the last advertisement within the t~n~e therein l~ra~ted. Kindly transmit to the l~ecorder of Deeds a certified copy of the Decree contsluing the notation above described, see affidavit of advertisement attached hereto, which is m Dated: April l§, 2003 ~b'ert G. l~debach, Esquire Attorney for Plaintiff 912 North l~iver l~oad H_al~fax, PA 1T032 Attorney for Pl_s;tutlff Date- ' - Final Judgment is hereby entered in favor of Plaintiff and against Defendant pursuant to PA RCP Rule No. 1066 and Local Rule 1066.4. IN THE COUi T OF COMMON PLEAS OF CUMBEI T, ND COUNTY, PENNSYLVANIA CHAI~LES M. FOGARTY : Plaintiff : VS. : SAMUEL CHAMBEI~LAIN, : CI-LRISTIAN LEHMEI~, : JOSEPH BttlCKEtt Jtt., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEAttDOttF, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CHAttLE8 EDDY, HENtt¥ : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMERON, : TttUSTEE8 OF THE JAMES : MCCORMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMBICH, DAVID GttIEST, : JACOB GRIEST, JACOB BOWEtt, : JOHN FAHNESTOCK, : PETER HOFFMAN, A/K/A : PETER HUFFMAN, JOSEPH BOSLEtt, : J. HERMAN BOSLER, ALSO KNOWN : AS J. H. BOSLER, and their heirs, : successors and assigns, : Defendants : CIVIL ACTION - LAW NO. 02-5149 CIVIL ACTION TO QUIET TITLE AFFIDAVIT OF ADVEI%TISEMENT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN : Robert G. Radebach being duly sworn according to law deposes and says that he represents the Pl_s.lutiff in the action above captioned and that on March 14, 2003, the attached public notice was advertised ,erland Law Journal. The Aff~ant further swears that on attached notice was advertised in the Patriot News. Sworn to ~a~ subscribed before me this c:~ day of March, 2003. Attorney for Plaintiff NOTARIAL SEAL J~ M. BLOSE, Notary Public Halifax Township, Dauphin County My Co11111111~ton Expires April 8, 2006 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are Lisa Marie Coyn~, Editor SWORN TO AND SUBSCRIBED before me this 14 day of MARCH 2003 LOiS E. ' fDER. Publtc I My Mar 5, I CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 02-5149 Civil CHARLES M. FOGARTY Plaintiff VS. SAMUEL CHAMBERLAIN, CHRISTIAN LEHMER, JOSEPH BRICKER, JR., J. O. SAXTON, MICHAEL EGE, EBENEZER HORSEMAN, JACOB DEARDORF, PETER EGE, JOHN JOHNSON, JOSEPH THOMAS, CHARLES EDDY, HENRY McCORMICK, JAMES McCORMICK AND J. D. CAMERON, TRUSTEES OF THE JAMES McCORMICK ESTATE, OAK GROVE LUMBER COMPANY, C. P. HUMRICH, DAVID GRIEST, JACOB GRIEST, JACOB BOWER, JOHN FAHNESTOCK, PETER HOFFMAN, A/K/A PETER HUFFMAN, JOSEPH BOSLER, J. HERMAN BOSLER, ALSO KNOWN AS J. H. BOSLER, and their heirs, successors and assigns, Defendants ACTION TO QUIET TITLE POST-JUDGMENT NOTICE TO: Samuel Chamberlain, Christian Lehmer, Joseph Bricker, Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Pe- ter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. Cameron, Trustees of the James McCormick Estate, Oak Grove Lumber Company, C. P. Humrich, David Griest, Jacob Griest, Jacob Bower, John Fahne- stock, Peter Hoffman, a/k/a Pe- ter Huffman, Joseph Bosler, and J. Herman Bosler, also known as J. H. Bosler and their respec- tive heirs, successors and as- signs, You are notified that an ORDER FOR JUDGMENT has been entered to No. 02-5149 CIVIL, in the Court of Common Pleas of Cumberland County, Pennsylvania, on February 28, 2003, directing that within 30 days after this publication you or any of you should commence an action in Ejectment against the above-named Plaintiff, Charles M. Fogarty for possession of the prem- ises hereinbelow described or be forever barred from asserting any right, lien, title or interest inconsis- tent with the interest or claim set forth in the Plaintiffs complaint to the land described as follows: Tract No. 1: ALL that certain tract of Moun- tain Land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania bounded and described according to a survey by Act i Consultants, Inc. on August 30, 2001 as follows: BEGINNING at pipe and stones; thence by lands of James A. Edris and Fred E. Bucher South twenty- one degrees fifty-seven minutes nine seconds East eight hundred sev- enty-six and sixty-five hundredths feet to stones; thence by lands now or late of George Peffer South twenty- two degrees fifty-seven minutes nine seconds East nine hundred eight and twenty-one hundredths feet to stones; thence by White Rock Acres North seventy-three degrees twenty- six minutes one second East two hundred twenty-nine and forty-five hundredths feet to pin and stones; CUMBERLAND LAW JOURNAL thence by lands now or late of Anna Eberly North twenty-two degrees thirty minutes forty-three seconds West one thousand seven hundred sixty-four and forty-five hundredths feet to pin and stones; thence by lands of Charles and Wayne Myers South seventy-eight degrees thirty minutes West two hundred thirty and eighty-nine hundredths feet to BEGINNING. Containing 9.425 acres by sur- vey. TOGETHER with a right-of-way through land now or formerly of Cary W. Ahl; and subject to an agreement between C.W. Ahl, David Brandt and Christian Lehmer, dated December 1, 1853. Being designated as Cumberland County Tax Parcel #22-12-0348- 073. Tract No. 2: ALL that certain tract of Moun- tain Land situate in the Township of South Middleton, County of Cum- berland and State of Pennsylvania bounded and described as follows: BEGINNING at a pine stump; thence by lands of Ege, North forty- two and one half degrees West one hundred and two perches to stones; thence by same, North sixty-four and three fourth degrees East twenty- three perches to a pine; thence South forty-three and one half degrees East seventy-two and one half perches to a pine; thence by Jacob Bower, South thirty-three perches and eight tenths to the place of BEGINNING. CONTAINING 15 Acres more or less. Being designated as Cumberland County Tax Parcel #40-15-0201- 039. Tract No. 3: ALL that certain tract of Moun- tain Land situate in the Township of Lower Frankford, County of Cumber- land and State of Pennsylvania bounded and described as follows: BEGINNING at stones at the foot of North Mountain; thence by lands of Grfffie North twenty degrees West sixty-one perches more or less to a post on the line between Cumber- land and Perry Counties; thence by lands of George B. Dum and along or near said County line Northeast- erly various courses and distances three hundred and seven perches more or less to stones near cross- lng at Waggoners Gap Road; thence by lands of Harvey H. Cramer and J. W. Hoy South twenty-six degrees East fifty-two perches more or less to stones; thence by lands of Nailor, Waggoner, Shughart and others, South seventy-one degrees West three hundred and three perches more or less to stones, the place of BEGINNING. CONTAINING 91 ACRES MORE OR LESS. Being designated as Cumberland County Tax Parcel #14-04-0381- 103. Tract No. 4: ALL that certain tract of Moun- tain Land situate in the Township of South Middleton, County of Cumber- land and State of Pennsylvania near the intersection of the county lines of Cumberland, Adams and York bounded and described as follows: BEGINNING at a pine tree in Ege's line and comer of Thomas Godfrey's heirs; thence by lands of said God- frey's heirs, South sixty-eight degrees East, twenty-nine and forty-eight hundredths perches to a ground oak; thence by lands of John Fahnestock, South forty and nine tenths perches to a post; thence by said Ege land, CUMBERLAND LAW JOURNAL North fifty-six and one half degrees West thirty-two and twenty-eight hundredths perches to stones; thence by same, North thirty-three and eight tenths perches to the place of BE- GINNING. CONTAINING 6 Acres 57 Perches. Being designated as Cumberland County Tax Parcel #40-15-0201- 040. ROBERT G. RADEBACH, ESQUIRE Attorney for Plaintiff 912 North River Road Halifax, PA 17032 Mar. 14 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 8th day(s) of March 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .......................... .~~...~~ ............ th~11 C O PY Sworn to and subs~i~d ~efor~e th day A.D. T~ L Russell Notaw Pub~ ~ Hams~ uau~n uou ~ ' , I NOTARY PUBLIC ~mssionEx~r~June6,2~ ..I .... n 6 2006 ~,~nns~ania~s~a~n~y commission expires Ju e , ROBERT G. ~DEBACH A~O R N EY-AT- ~W 912 NORTH RIVER ROAD HALl FAX, PA. 17032 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 649.16 $ 1.75 $ 650.91 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The ~unday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. IN THE COUI%T OF COMMON PLEAS OF CUMBEI%T,AND COUNTY, PENNSYLVANT& CHARLES M. FOGARTY : Plaintiff : VS. : SAMUEL CHAMBERLAIN, : CHRISTIAN LEHMER, : JOSEPH BRICKER JR., : J. O. SAXTON, : MICHAEL EGE, EBENEZER : HORSEMAN, : JACOB DEARDORF, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, CHAR~S EDDY, HENRY : MCCORMICK, JAMES MCCORMICK : AND J. D. CAMiERON, : TRUSTEES OF THE JAMES : MCCOR/~ICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, DAVID GRIEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, AJK/A : PETER HUFFMAN, JOSEPH BOSLER, : J. HERMAN BOSLER, ALSO KNOWN : AS J. H. BOSLER, and their heirs, : successors and assigns, : Defendants : CIVIL ACTION - LAW NO. 02-5149 CML ACTION TO QUIET TITLE PI~,AECIPE FOl% FINAL JUDGMENT TO THE PROTHONOTARY: Kindly enter on the Appearance Docket and on the Decree a notation that the Defendants, Samuel Chamberlatr~, Christian Lehmer, Joseph Bricker Jr., J. O. Saxton, Michael Ege, Ebenezer Horseman, Jacob Deardorf, Peter Ege, John Johnson, Joseph Thomas, Charles Eddy, Henry McCormick, James McCormick and J. D. C~.meron, Trustees of the Ja~ues NIcCormick Estate Oak Grove Lumber Company, C. P. Humrlch, David Grlest, Jacob Griest, Jacob Bower, John Fahnestock, Peter Hoffman afk/a Peter Huffman, Joseph Bosler, and J. Herman Bosler also known as J. H. Bosler, and their heirs successors and assigns, failed to take the action dt~ected in the last advertisement within the time therein 11r~lted. Kindly transmit to the l~ecorder of Deeds a certified copy of the Decree containing the notation above described, see ~.ffldavit of advertisement attached hereto, which is m Dated: April 15, 2003 ~t6b'ert G. l~debach, Esq~t~e Attorney for Plaintiff 912 North P~iver Road Halifax, PA 17032 Attorney for Plaintiff Final Judgnent is hereby entered in favor of Plaintiff and against Defendant pursuant to PA RCP Rule No. 1066 and Local Rule 1066.4. Pro~o~au IN THE COURT OF COMMON PLEAS OF CUMBE T, COUNTY, PENNSYLVANIA CHAB,I,ES M. FOGARTY, : Plaintiff : VS. : SAMUEL CHAMBEr, : CHRISTIAN LERMER, : JOSEPH BRICEER JR., : J.O.SAXTON, : MICHAEL EGE, EBENEZER : HOi~SEMAN, : JACOB DEARDOB~F, PETER : EGE, JOHN JOHNSON, JOSEPH : THOMAS, C1~A~T,ES EDDY, HENRY : MCCO11~CK, JAMES MCCORMICK : AND J. D. CAMEI~N, : TRUSTEES OF THE JAMES : MCCOBaMICK ESTATE, : OAK GROVE LUMBER COMPANY, : C.P. HUMRICH, DAVID Gi~IEST, : JACOB GRIEST, JACOB BOWER, : JOHN FAHNESTOCK, : PETER HOFFMAN, A/K/A : PETER HUFFMAN, JOSEPH BOSLER, : J. HE~ BOSLER, ALSO KNOWN AS : J. H. BOSLER, and their heirs, : successors and assigns, : Defendants : CIVIL ACTION - LAW NO. 02-5149 CML TERM ACTION TO QUIET TITLE ANSWER TO PETITION TO INTERVE.11E 1. Actmitted. 2. Admitted. By way of further Answer Plaiutiff avers that the deed and description of Petitioner fail to include the land described in Paragraph 3 of the Comp]~.iut filed in this action and further fails to convey any purported adverse possessory rights to the lands described in Paragraph 3 of the Complaint filed in this action. See copy of the subject deed attached hereto as Exhibit 1, which is hereby made a part hereof. 3. A~rnitted. 4. Denied. On the contraz~j Pl~utiff avers t~t ~_is a~ion against the n~rned Defendants will not affect aa~ pm'poiSed prope~-y rights of Petitioner. Petitioner's pu~po~d claim of ownership does not, as averred in the Petition, derive in aa~y wan from auy of the ns.rned Defendants. Petitioner should not be permitted to inte~rene in this action when he is not a named Defends;ut or clairniug an interest in the subject propertly from an interest acquired from a Darned Defend_ _ant. Petitioner would lose no rights to pursue his claims in a separate action should this Petition be denied. §. Denied. On the conta'ary, this action has proceeded to Judgment against the uarned Defendants and their successors and assigns on Febr~_~_a_~y 28, 200S, aud that the advertising of the Post Judgment Nol~ices was completed on MA.~,ch 14, 2003, in ~11 compllauce with the Court's Order of Febr~_~_a_~Sr 28, 2003. Pla_~utiff further avers that the claims of Petitioner as to possession are separate and unrented to the merits of t~_is action. 6. Denied. On the contrary, the Plaintiff avers ~_.b_at the Petitioner's claim of possession is entirely separate _a;ud ~m~elated to the claims brought by P]aiut~tff a~a~nst the Darned Defenaauts and their successors and assigns. PIA.~ut.~ff further avers t. bat Petitioner's clA.~rn~ do'not derive as a successor to aa~y of the named Defenrt_ a;uts and are more properly the subject of a sepaa~ate ltObert G. ~ad&Bach, Esquire I.D. # 1~2§§ lt~bert G. lt~debach, Esquire 912 North River Road H-.]ifax, PA 17032 ( 717) 234-665§ Attorney for Plaintiff I verify that the statements made in this Answer to Petition to Intervene are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.