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HomeMy WebLinkAbout00-01222 fM., ~,' !"- , -- -~--" ~ CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. l'd-d..(} - 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE 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 an 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 Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER 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. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 717 - 249-3166 " 0,' CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. J'd'J?... 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE COMPLAINT AND NOW, comes the Plaintiff, by and through its attorney, Christopher C. Houston, Esquire, who avers as follows: 1 The Plaintiff is the Cumberland County Housing Authority, of 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant Annabelle Anderson, a/k/a Annabelle Summons, is an adult individual, currently residing at 4842 Sweetbrier Terrace, Twin Lakes Park, Harrisburg, Dauphin County, Pennsylvania. ~'! ',,,,- . 3 The Defendant John Russell Summons, is an adult individual who it is believed is deceased and whose whereabouts are, otherwise, unknown, if not deceased. 4 The Defendant William Summons, is an adult individual who it is believed is deceased and whose whereabouts are, otherwise, unknown, if not deceased. 5 The Defendant Alfred Summons, is an adult individual who it is believed is deceased and whose whereabouts are, otherwise, unknown, if not deceased. 6 The Defendants heirs and assigns of Emma Belle Summons include John Russell Summons, William Summons, and Annabelle Summons, other named Defendants herein; however, the identity of any other heirs and assigns of Emma Belle Summons are unknown and their whereabouts are unknown. 7 Emma Belle Summons acquired title to real property known as 414 North West Street, Carlisle, Cumberland County, Pennsylvania (the "Premises"), by deed dated August 24, 1932, and recorded August 24, 1932, in Deed Book H, Volume 11, Page 455, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, which is more particularly described as follows: All that certain lot of ground situated on North West Street, in the of Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: On the east by North West street; on the north by the property, now or '~ formerly of Daniel Williams; on the west by a twelve (12) foot alley, and on the south by property, now or formerly of William Wetzel's heirs; containing twenty-eight (28) feet in front on North West Street, and extending at an even width, Ninety three (93) feet in depth to the alley aforesaid, and having thereon erected a one and a half story, brick and frame dwelling house and necessary outbuildings. Being lot No. 26 in Block 3 according to the Plan of Lots laid and out and adopted by the Carlisle Land & Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds in and for the said County of Cumberland, in Miscellaneous Record Book No. 11, page 572. 8 On or about July 8, 1945, Emma Belle Summons died, with her Last Will and Testament being probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, in Will Book 44, Page 89. 9 Emma Belle Summons did give, devise and bequeath the Premises to her son, Alfred Summons, for and during his natural life and, at his death, to John Russell Summons, Williams Summons, and Annabelle Summons, share and share alike. 10 Plaintiff believes and therefore avers that Defendants Alfred Summons, John Russell Summons, and William Summons are dead. 1 1 The owner of record as identified by the assessment records of Cumberland County, Pennsylvania, is the Defendant Annabelle Anderson. 12 The Cumberland Count Tax Claim Bureau, pursuant to a Petition for Judicial Sale filed in the Court of Common Pleas of Cumberland County, Pennsylvania, at 1999-02956, '1' ,.. did obtain an Order of Court dated August 12, 1 999 ordering that the Premises be sold at public sale. 13 The Plaintiff did purchase the Premises at public sale on September 24, 1999. 14 The Tax Claim Bureau of the County of Cumberland, Pennsylvania, as Trustee did convey by Tax Claim Bureau deed dated December 3, 1999, the Premises to the Cumberland County Housing Authority, with said deed recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 212, Page 665. 15 By Order of Court dated January 19, 2000, the Court did confirm the judicial sale in response to the Tax Claim Bureau's Petition for Confirmation of the sale, with said Order to be made final, if no exceptions are taken within thirty (30) of the date of said Order. 16 No exceptions have been filed to the Confirmation of sale Order, within said thirty (30) day time period. 17 The Plaintiff seeks confirmation of the validity of the deed conveying the Premises to the Plaintiff and to further confirm possession of the land sold at judicial sale, pursuant to Pa.R.C.P. 1061 (3) and (4). ,'~~. """",,,~ ~,~, -~ WHEREFORE, Plaintiff requests this Honorable Court to enter an Order declaring that the Defendants are barred from asserting any right, lien, title, or interest in the Premises, to confirm the validity of the deed from the Tax Claim Bureau to Plaintiff dated December 3, 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 212, Page 665, and to grant possession of the Premises to Plaintiff. ~ Christopher C. Houston, Esquire Attorney for Plaintiff CUMBERLAND COUNTY HOUSING AUTHORITY 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ,~ . ~, . , >, ',- . . I verify that the statements in the foregoing pleading are true and correct. understand that false statements herein are made subject to the penalties of 1 8 PaCS 4904 relating to unsworn falsification to authorities. CUMBERLAND COUNTY HOUSING AUTHORITY By ~ -u~ , . ~ , 0; ':'1"r ~~,. ," JIl!!!!I!Il!!I1 ~.,..~~--~~~~. ~- ~ ~,~~~" ",." "'"9 7J tL ..D IU (]\ G ~ r 1t ?2 <0 to fA ..p.. (jl ()) o -a 1 o c -. -CCD rTlr'i-, 6~,t,~~; -" ~;~~ ~('._-\ .;:-~. ;--- ~ c::> Cl o ~YI ~i~p 2~~ ,~.~~~ ~s L')fn ~--i d;5 :< . . tJ _"'_"'.'f"'<'",-~'iW"~""'~W>~'''''1!'''l''';-'''l~,~OO~ftljif_m-~''''''''''__~..4~,mm~W ~ ~~.,",," ::;tJ I 0) ~~:~ ~"~ <2 => ('" '0,-. ____._" - -- --~-!I MAR 0 'f 2000/.17 CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12..l..~ . 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE ORDER OF COURT AND NOW, this '1'" day of ~ , 2000, upon a MOTION FOR SPECIAL ORDER FOR SERVICE BY PUBLICATION PURSUANT TO P.A. R.C.P. 430 , it is hereby ordered and directed that the Plaintiff shall be authorized to make service upon the persons named in the motion, by publication once in the Cumberland Law Journal and in The Sentinel. Service shall be complete upon the publication in the second of the two publications. ~~ y'& '~'J v.l J. :;-~~ ~r~l"-~~lliMlI_ . ,,' _._""'.0/_. l_~t .", jMiJ!M_,;""",,,,,,,,~,.,.;r-~J!i. <' - ..=-.t'~-- --, ,,--, -- ,-" -, ~1lI'f '- ~..-. F\~Eo-OfFlCE OF THE PROTHONOTPR'f 00 MAR - 8 AM 8: 1 5 CUM13ERlJ.ND COUNTY PENNSYLVANIA . '" CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12. ~ \. 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE MOTION FOR SPECIAL ORDER FOR SERVICE BY PUBLICATION PURSUANT TO P.A. R.C.P. 430 AND NOW, comes the Plaintiff, Cumberland County Housing Authority, by its attorney, Christopher C. Houston, Esquire, who represents as follows: 1 The Petitioner is the Cumberland County Housing Authority, the above-captioned Plaintiff . 2 Simultaneously with the filing of this Petition, the Plaintiff has filed a Complaint setting forth an action in Quiet Title for the premises located at 414 North West Street, Carlisle, Cumberland County, Pennsylvania. ;,-~ 3 The Plaintiff is the record owner of the Premises pursuant to a Tax Claim Bureau deed dated December 3, 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 212, Page 665. 4 The prior record owner of the premises, as per the office of the Recorder of Deeds, was Emma Belle Summons, who died July 8, 1945; however, the records of the Cumberland County Tax Claim Bureau listed one of the named Defendants, Annabelle Anderson, aka Annabelle Summons, as the prior owner. 5 Plaintiff's investigation cannot confirm that the said Annabelle Anderson is in fact the sole surviving heir, legatee, successor, and/or assign of Emma Belle Summons, but only that such investigation has indicated that Annabelle Anderson may be the sole surviving heir, legatee, successor, and lor assign. 6 Such investigation consisted of: A. The Last Will and Testament of Emma Belle Summons, which is recorded in the Office of the Register of Wills of Cumberland County, Pennsylvania in Will Book 44, p. 89, stated as follows: Second, I give, devise and bequeath all my estate, real and personal, to my son, Alfred Summons, for and during his natural 'g,-~~ life, and at his death, I give, devise and bequeath all my estate, real and personal, to John Russell Summons, William Summons, and Annabelle Summons, children of my son, John Summons, deceased, share and share alike. B. In a telephone conference on January 21, 2000, with Annabelle Anderson, the undersigned was advised by Annabelle Anderson that Alfred Summons, John Russell Summons, and William Summons, had in fact predeceased her. C. By virtue of the language in the aforesaid last will and testament of Emma Belle Summons, Annabelle Anderson would have been the last known owner of the premises by virtue of her being the sole surviving joint tenant. WHEREFORE, the Petitioner requests this Honorable Court to enter an order under PA RCP 430 permitting service upon Alfred Summons, John Russell Summons, and William Summons, and their heirs and assigns, and the heirs and assigns of Emma Belle Summons by publication, with the notice for publication to be in the form attached hereto. ''''' ;lL Respectfully submitted, hristopher C. Houston, Esquire Attorney for Plaintiff/Petitioner CUMBERLAND COUNTY HOUSING AUTHORITY 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ;;'''''f'''''"' ,I;,...., :ij' . . . CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE AFFIDAVIT I, Christopher C. Houston, Esquire, of the Cumberland County Housing Authority, Carlisle, PA, hereby submit this Affidavit pursuant to Pa RCP 430 (a). affirming that the foregoing MOTION FOR SPECIAL ORDER FOR SERVICE BY PUBLICATION PURSUANT TO P.A. R.C.P. 430 correctly details the nature and extent of the investigation of the whereabouts of the several Defendants for whom the Special Order is sought, and the reasons whereby service in the regular course will not be able to be made. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Dot" ~@ fUll) ~'''O"' E'q';" ?~ . " ,^ , .,.,.. ~'''"T~ ,_, ~-. ~ "l~-' >'-', -,,-" = ".. o c s: -ou' nor'" ~ ~~~~ -<". e' r-: ;.:j "C- ~~~~ Z -; -< -- .~~- '" ,-"--vUrl~L <:-1f' o c::> o 'Tl --~I f1~ ;1J ~n1'"n ::.09 S30 -:.t-:H "::>-- '>fJ (SIn ~--l ~ :?: 1;:,,;1> ?::J 1 <.-) =E::~ --',~ t? ::> ..-1 ""\l;"1i!",,"'*""f~,,,!'j!J"~"'~iJJ!ll!~__ o~. mlt..... , ...J"'~':lr " .. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY HOUSING AUTH VS ANDERSON ANNABELLE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ANDERSON ANNABELLE A/K/A SUMMONS ANNABELLE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT -QUIET TITLE On April 7th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 04/07/2000 REDEVELOPMENT ~ R. Thomas Kline Sheriff of Cumberland County AUTH OF CUMB. CO Sworn and subscribed to before me &A /1 _. day of rr'~ f A.D. this .2 6<rO C}'P_ (2 >rv 11); . 'F' prothonot'a y "'",-~_.' 1""""" ,.,. .. @iiict of tq~ ~4~riff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Michael W, Rinehart Assistant Chief Deputy Mary Jane Snyder Real Estate Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CUMBERLAND COUNTY HOUSING AUTHORITY vs County of Dauphin ANDERSON ANNABELLE A/K/A Sheriff's Return No. 0654-T - -2000 OTHER COUNTY NO. 20-1222 AND NOW: March 24, 2000 at 10:10AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon ANDERSON ANNABELLE A/K/A SUMMONS ANNABELLE to DEFT by personally handing 1 true attested copy (ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 4842 SWEETBRIER TERRACE TWIN LAKES PARK HBG, PA 17111-0000 Sworn and subscribed to So Answers, Jf~ before me this 30TH day of MARCH, 2000 ,} L-_ J . ' (\ ~JJ)/lM() c;... {fJ~J I - PROTHONOTARY Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $30.50 PD 03/23/2000 RCPT NO 134936 DC ~..,..- 'I'.' " .. In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Housing Authority VS. Annabelle Anderson, a/k/a Annabelle Summons No. 20-1222 Civil Now, 3/20/00 , 20 () <' , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the PI;t~~ ~ t Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ '!l'~. __ J.M' ~; ......., -'~~~ i}Jt,11.j~ <S'-S'.) '-, t ::'-;1 O"fh-" [L~ ~ .... .. ~, ' ~ ." ~' 'liM!""'_r~;m~r"~-!l""""" .........~ ~ ~. .,'= t~ .~ ~ . CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1222 - 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/kla ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE PRAECIPE Pursuant to CCRP 1066.4, please enter on the appearance docket and on the decree of May 1, 2000, a notation that the Defendant failed to take the action directed in the last advertisement within the time therein limited; and transmit to the Recorder of Deeds a certified copy of the decree containing the notation above described. ~"'trm. E",";re Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 (9. f/~ /2000 I ' Date: '<~'- ~"'"' 1"i1 , _'- r ~~ (") 0 '?, c 0 s: , --'; '"Om C --r- -n rTlf-rJ Z 'F;;;' Z:II rn ZC. f''> '.~~(:l (.j).<:;~ - ~,-.~~~ ~...:: C;O ?:.: ..:r;: _.., ~lJ -k 2~}~; ::-0 9 PC -.1 Z ':..) 55 :< en -< l' _!W~""''"'ffl'j~l'iJw.'I:II'H'lil''~,"""","",o;''''~,.,.,.,.~,WlIr~ 0, APR28~ CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1222 - 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE NISI ORDER AND NOW, this Jl \-of day ~ ,2000, upon presentation am due consideration of " the within Motion and it appearing that all Defendants were either personally served by the Sheriff or pursuant to the Special Order of Service of March 7, 2000, and that no answer or other pleading was filed by any Defendant, it is ordered that the Defendants are barred from asserting any right, lien, title, or interest in the premises, that the deed from the Tax Claim Bureau to Plaintiff dated December 3, 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 212, Page 665, is hereby confirmed, and possession of the premises is hereby granted to Plaintiff, unless such Defendants file an ejectment action against Plaintiff within thirty (30) days of the last publication of this Order in accordance with-PA.R.C.P. 1 066(b)(1) and CCRP / / The Defendant has failed to take the action directed. Date:~ p tho J. 1066-2. ""l"""", ""III - '~=>>iliIliI'liiIllilI!l,_lIMfiIIlIlllM"' -""-'-'-~''''~'--''-''~!llili,!..t';;'';;'~''''Hrlil~~1 \ ....(~"1 r(\~~OO ,_"" L,~\' \" ~"\'^ -," ..A.\' ~ '. . . t..'-. " fl. \~ c3 J. J iJ ~ ~. "'" ~ e e, 'he',. .. . " ~, ,-, ,- -,.,', ;, . 1IlIl"'-"' ~~ ~ ~,...' "U -"~ ,;, C'_'" (l) n /. L/ .-<,~ .~: ' ..<~S(~:-- . (';~,<:<--, {jr':~/ " ~~(~// j 1;''i1>~_>" <::; (:':1- ~/.,- '/,.,/ ~~>. ',)'\ , ,..:> ~"', --1! .\ '0~ <"t" " ,,-. ~~ m ". 414NWMot CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1222 - 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE MOTION FOR JUDGMENT UPON AFFIDAVIT PURSUANT TO PA RCP 1066 TO THE HONORABLE JUDGES OF SAID COURT: The Motion of Plaintiff, Cumberland County Housing Authority, by its attorney, Christopher C. Houston, Esquire, respectfully represents: 1 That Plaintiff has heretofore filed a Complaint in this quiet title case. 2 That the Defendant Annabelle Anderson, a/k/a Annabelle Summons, was personally served with the Complaint containing the appropriate Notice to Defendant by the Dauphin County Sheriff on March 24, 2000. """""*"""""-"""'""" - - 3 A copy of the Notice sent to the Defendant Annabelle Anderson, a/k/a Annabelle Summons, pursuant to Pa.R.C.P. 237.1 is attached hereto and marked as Exhibit A. 4 The Defendant Annabelle Anderson, a/k/a Annabelle Summons, has not filed an Answer to the Complaint, nor as she otherwise pleaded thereto. 5 The Defendants Alfred Summons and his heirs and assigns, John Russell Summons and his heirs and assigns, William Summons and his heirs and assigns, and the heirs and assigns of Emma Belle Summons (hereinafter referred to as "Other Named Defendants") were served pursuant to a Special Order of Service dated March 7, 2000. 6 The aforesaid Special Order of Service required that service by publication be effected one time in the Cumberland Law Journal and in The Sentinel. 7 Publication per the aforesaid Order was effected in the Cumberland Law Journal on March 24, 2000, and in The Sentinel on March 16, 2000, the proofs of publication therefore being attached hereto as Exhibits Band C, respectively, and which advertisements contain the appropriate Notice to Defend. 8 Attached hereto as Exhibit D is an Affidavit of Plaintiff to comply with Pa.R.C.P. 1 066(a). '1'~ . WHEREFORE, the Plaintiff requests this Honorable Court to enter an Order pursuant to Pa.R.C.P. 1066(bL forever barring Defendants, or any of them, from asserting any right, lien, title or interest in the premises, to confirm the validity of the deed from the Tax Claim Bureau to Plaintiff dated December 3, 1999, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 212, Page 665, and to grant possession of the premises to Plaintiff, unless Defendants bring an Action of Ejectment against Plaintiff within thirty (30) days of the last publication of this Order. Christopher . Houston, Esquire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717 -249-0789 -">,~.m qr .'l 'lII__ "" c I i! ii " Ii I, Ii :i Ii :1 II I r, ~ .~ , / / CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1222 - 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Annabelle Anderson Date of Notice: April 14, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY COURT CARLISLE, PA 17013 717-249-3166 ~'EsqUire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 EXHIBIT A , .,<,. -'k -"'. - , .-.-' -7' . .' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe 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 24, 2000 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 ' R~r SWORN TO AND SUBSCRIBED before me this 24 day of MARCH. 2000 NOTA L LOIS E. SNYDER, Nolary Public Coriitl. 1010, Cumberlond County, PA My Commillion Expi,..March 5. :z001 EXHIBIT B ~~.~~ .. -r-_ _. _,V_~__" ." , ~~ . . . NOTICE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action-Law No. 1222-2000 Civil Term CUMBERLAND COUNIY HOUSING AUTIlORITY. Plaintiff v. ANNABELLE ANDERSON. a/k/a ANNABELLE SUMMONS. ALFRED SUMMONS and HIS HEIRS AND ASSIGNS. JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS. WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS. and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS. Defendants ACTION IN QUIET1ITLE TO: Alfred Summons. John Russell Summons, W1ll1am Summons. and their Heirs and Assigns, and the Heirs and Assigns of Emma Belle Summons TAKE NOTICE: That the Cumberland County Housing Authority. Plaintiff In this case, has commenced the above suit against you. The real estate involved is located at 414 N. West Street, Car- lisle. Cumberland County, Pennsyl- Vania, and further described as fol- lows: All that certain lot of ground situ- ated on North West Street, in the Borough of Carlisle, County of Cum- berland and State of Pennsylvania, bounded and described as follows, to wll: On the east by North West street; on the north by the property, now or formerly of Daniel W1ll1arns: on the west by a twelve (12) foot alley. and on the south by property, now or formerly of W1ll1am Wetzel's heirs; containing twenty-eight (28) feet in front on North West Street. and ex- tending at an even width. Ninety three (93) feet In depth to the alley aforesaid. and having thereon erected a one and a half story, brick and frame dwelling house and necessary outbuildings. Being lot No. 26 In Block 3 accord- ing to the Plan of Lots laid and out and adopted by the Carlisle Land & Improvement Company, said Plan being recorded In the Office of the Recorder of Deeds in and for the said County of Cumberland. In Miscella- neous Record Book No. 11, page 572. NOTICE If you wish to defend. you must enter a written appearance person- ally or by attomey and file your de- fenses or objections in writing with the Court. You are warned that if you fail to do so, the case may proceed without you and a Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOUW TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO Nar HAVE A LAWYER OR CANNar AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNIY BAR ASSOCIATION Two Liberty Avenue Carlisle. PA 17013 717-249-3166 Mar. 24 4 Cumberland Notices .~-,~ c.' . . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Ad Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn; deposes and says that THe ~eNTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Go~'y of Noti~e of Publication : --cUMBERLAND" COUNTY IN THE COURT OF COMMON ?:;-mmSlNG"AUTHORlTY, PLEAS OF CUMBERLAND Plaintiff COUNTY, PENNSYLVANIA . NO._1222-2000C1V1L TERM v March 16. 2000 _ ~ABELLE ANDERSON, ~ ~NNA8ELLE' .. , ~SJ;1MMONS, ALFRED . $lJ1v1MONS and HIS HEIRS: . ._ ~rrASSrGNS) JOHN '--R\:fSSELL SUMMONS ""31fa.H1S HEIRS AND . '~rGNS, WILLIAM : ~MONS and HIS HEIRS: liASSfGNS and the : c RS AND ASSIGNS OF : k_....E". I'l]OH3ELLE SUMMONS, : L~~';fE!ndants ~]fred Summons-, ~John Russell SUmmons. -' ~~--; -lNWiam Sum_mons, and .,-r,:_ their Heirs and Assigns, -::;:" ~ and the Heirs and AssIgns ,~ of Emma Belle Summons ~"~ NOTICE' CIVIL ACTION - LAW ACTION IN QUIET TITLE ~ffiant further deposes that he is not interested in :he subject matter of the aforesaid notice or 3dvertisement, and that all allegations in the foregoing statement as to time, place and character )f publication are true. -,::_~at the Cumberland County Housing-Authorhy, Pfaihtiffin - - ~a-5'Ef, has commenced the above suit against you. The real ~involved Is localed. at 414 N. West Street, Carlisle, Cum- ~..J:m.rJ,and County, Pennsylvania, -and further described as .----.lfmo'Ps: _ . -"~ AJI that certam li:ifoT-gl'CIIJnd"situate-d 6'fil'ilorth West ;&-. ' e"", ',n, the o}_Borou_gh_of Carlisle, County of cumb, erland - _ _ '$t~of Pennsylvama, bounded and described as - .6'fJows,!oWit: - - ___n____ __ __._ ~= On the East by North West streel; on the North by the ;., plopeliy, now orformerfy of Daniel Williams; on the West --:-;:bY a twelve (12) foot alley, and on the Soulh by property, ~Qwnorf~Hmerly of Wllliam Wetzel's heirs; containing ;.~e'/1ty'eight {28) feef In fronf on North West Street, and ~~nding at an even width, Ninety three (93) feet in deplh '~-', e alley aforesaId, and having thereon erected a one a half story, brick and frame dweJJjng house and necessary outbuildings. _~IBeing lot no. 261n Block 3 according to the Plan of Lots ~ d and out and adopted by the Carlisle Land & Im- ~QVement Company, said Plan being recorded In the office ~theRecorderofDeedsandinandtorthesaldColJnty M .. . ~ Cumberland, in Miscellaneous Record Book No. 11, page y COmmiSSiOn expires: ~a" , ~ FldTtCE ,.,. ' ~rsh to defelld; you must ern., a written appea'ance . NOTARiAL SS^.l @lIYOrbya,tfOrneYandfileYOUrdefenseSOrObjecfionsSHIRLEY O. DURNiN, NOt,1ry Public - . II with the Court. You arewamed lhat if you fail to do so, Carlisle BOrD_. Cc:nborland Counry - -. Se-1!tay proceed without you and a judgment may be en- Jl C .. E' A 0 2003 ~ against you wtthout further noUce fo(tM Felief requested II OmmlSSIOn XplreS U, w. ~'the Plaintiff. You may lose money or property or other rights = lm-'portant to you. e, ;H"S,HOULDI,AK,E, THIS, NOT1CETOY, OURLAWYERAT E.1FYOCfDo-NOTHAVE A LAWYER OR CANNOT AF- [JaNE, GO TO 01=1. rtLEPHONETF'IE OFFICE SET '- - , BELOW TO RNO OUTWHEREYOU CAN GET "" G lJ1t"LP:. -." ~ -- - ~-; CUMBERLAND COUNTY BAR ASSOCIATION 1e-.:: TWO UBERTY AVENUE --=~~ CARLlSLE, PA 17013 _~____~=_~___ 717-249.31'66 Sworn to and subscribed before me this 23 day of March, 2000 O.~ ~ Notary Public EXHIBIT C ',-- . 411II ' ~'~'''~'i1J!l~''''''''':'~ """.' , _ .',. f ;;,;-w_".!~:':"'.t..o'L.f~":,~~,_-,-_""",_,~,",-___,,,_~,,~~_~__~ _ '" . , . CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1222 - 2000 CIVIL TERM v : CIVIL ACTION - LAW ANNABELLE ANDERSON, a/k/a ANNABELLE SUMMONS, ALFRED SUMMONS and HIS HEIRS AND ASSIGNS, JOHN RUSSELL SUMMONS and HIS HEIRS AND ASSIGNS, WILLIAM SUMMONS and HIS HEIRS AND ASSIGNS, and the HEIRS AND ASSIGNS OF EMMA BELLE SUMMONS, Defendants : ACTION IN QUIET TITLE AFFIDAVIT REQUIRED BY PA. RCP 1066lal Christopher Gulotta, hereby avers, subject to the penalties of 18 Pa.C.S. 4904, that the facts set forth in the foregoing Motion are true and correct and incorporate same in this Affidavit in the same manner as if here set forth at length, particularly with respect to such facts as relate to the Complaint in this case being served (either by the Sheriff or by publication pursuant to the Court's March 7, 2000 Special Order of Service), that the Notice to Defend was included in the Complaint and that no Defendant has filed an Answer (or otherwise pleaded t ereto). Christo er Gulotta Executive Director Cumberland County Housing Authority 114 North Hanover Street Carlisle, PA 17013 717-249-0789 EXHIBIT D ,"" ~-" _.,-- .~. ~ '-~'-1 . () c -,-.;- \-!r.-' ;::- cc-; \:~~= '~,-' . /'--' ;;;c. I 1 '"""'W-~lI1i'!~~i'J!!<~D"11 iIlII-.nt - ';:--; ~ . ~2 :",,) i..J' -;,' .e', ...-', ":..u '-<'; :.1 .~.. "~iIIlil!!Ij! . -"""""""'......,...- ., J.() -/:U.2 e.e;;;:e ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being dilly sworn, according to law, deposes and says that the Cumberland Law Joumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established Janliary2, 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 MAY 12, 2000 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 R~Editor-- SWORN TO AND SUBSCRIBED before me this 12 day of MAY. 2000 AL L0I6 E. SNYDER, Notary Public Carlitl. Ioro, Cumberland Caunty, PA My Cammiuion Expir... March 5, 2001 ~ - 1 ~ li9C , . .. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Ad Manager of THE SENTINEL - --' - .,.--.' -- - ,',- - '-- - - -- - - ' of the County and State aforesaid; 6eing duly sworn, lIeposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of publicatinn --~ ~'~~~:rGL~n~~RU;#,Y -~'~=g~rJA~FOF ",,' "';"'" ';CIJM~"'tLA~COUNTY ~. ': - f' ~c;J;ai~rlrt. 1~-', -:pWNq~ t!;~~~~c'r-_._-,~' ~1'...." : NO.1222~~WOOCIVIL '. - f,~ " -'_ 'v. ,', ~ T.S~~ ..~;::~;"i'.,::,,:-, k-~ ,#~~A!\N"bErJi~,tL~~R.SON . :. 'C1. '~'~~~\~"f!~ ,t~ ," _ - E""'SUMMONS; ALFR"'D ~:~-=-h S1)M, MO., NS ~nd H,lS HERS: -- . f'" ~, . AND ASSlGNS, J(JHN :' .. ~~-;)i-e--=-~~ l=!USSElL SUMMONS and : . ,"-: '-' -.: ;~.-- HIS't:1EIRS AND ASSIGNS. : :,-=. r 'andtf'le't-fE1RS)l;No :' ~- ~ ASSIG1ilS OFOMMA BElL"': t- -'~SOMMbNS. , ; ;.~-::~:~:-:it- '. ~e...f.. ~~nts ~ ~C"'" "'.'''' "-' , "=- ~*"::.! '- . ": '"i~i{' ,~~'; , ~"P >,.' tj~.':i~~;~~'~~~~~~~~:~f::;; t ~,.r 'QumbelJand tbun1t Hbusili~ Autnortty v A-nrrabelle ;;:=- ',,-_ _' ~dar.:idh, ~$fa~flrt'af?elle'S.tJmmOfrs-,-A.lfred Summons ~ _"~-_": a,:~HI~~el_rs am A~_lgns..John ~~~sell Sl.lmm~ns a!1d '!'~---,',~,' H"is.rtem5 and ~;;_s\gn',$; W. .ml~m ~ummorys=and HIS HE)lTS ~ ~-'-=:4 --- an':h~~, &iTd tne HeIrs anti A'sSfgm---o1 Emma Belle , '~4 SuJl1 _ . .~~2>t.~:2~2g0QClvll!erm;intheCourt?t : ~__ -:1t Gomm'q! Pfeas 01 CtimoerlMd COLlTl'ty, Pennsylvama "~,,,,==4 -,; ~0fI t\:l.e, Zl;id d,~Yo' ~aY,.'2000, dltecting that ~ithln thirty , -"3;'!t . (3O)A'a.~~.kth~l~stpublicatlonofthlsNotlcethatyou . . ~ sM/lmr'~'.el.dm.rtf'_"'<J>i"'st'1h.P'.'nfifforb. Sworn to and subscribed before me thiS :=-~_.,. fOr'~$"Qarreafrom a:ssertlng-any fight, title, lien or Ln- M :,.,.,]1,-",,',4. " te",r.ekIM.,0 b,'nT1~,ist~, W,}1h ff1._~ irrter~st,orClalm s~t forth in day of ay It 2,000 <~:~.- the pl'a~s gOlJ'plalnt to Wie land here descnbed: -:-- ~- ~ --AllW-alt:~it~mlotofgrounds1tuated-onNorth ,,<. /' .,- Pi LJ ,-:::::i; 'T~~~~. ~f~f.,fr'!.fMBordtlghbfC-~rlf~le,ccruntyOf -Y7l.h-~t' L/ \:z;r-U.il(i.y/ _~_7-- --':i " .' "C'tiittfjerland and State of PennsylvanTa. bounded -_ Ji-~ ' ""d<i.'9nO~d a fottows. 10 Wil' .." - . . -~ < '"'tlil'ffiij'Ea;ll"yNortl1W.stSlr..~onth. North Notary Public - ~ ::~:: by.lli~ pro~i'ty, i)bWorfotti1erly ClfDaniel WIlliams _ Off ffiEJ Wasf by a IWer>i8(r2T1trot alley, and on the ~~~_ ~u1h hy property, ntlw or fdrmlir19 of"'Nllliam Wetzel's _~ fi~lrs~dorifa1ninl~-er-ght (28]fe-ermfronton _ ' Nol'\h:West'Sfrearand eXfei'lCllti!J I!t 00l even wIdth, ',- -:--::~ ~etyt\1~ee.~feetrndef:lt111btheaueyatoresald, My ~ommission expires_:_ &~~: ~ (~4lJaV'iQg.Wer~One[e-cfdd;;f~6'~ahalfstory, "~OTAR'AL SEI\L . O~_ "--- '"-, . brtckand frame ,.fwelhng house1ifiO fiEfC'8'SS'8:ry-out. S~IRL -E buifdfr).g.s.".'''' _ . "~<-"_:';- ~.I,.,:!'-'-~_,a_ 11, EY O. DUf;I'~i~,I, Notary Public ~ ,aij~tot~8:261ri._B1oc~':rat:C::,?rdtng.tothePlan Carlls!e Bar?> CllIT~tS,ri~.ld County .dfLQls It;t{d 6tItID1dMbpt'e'd15yftie-CE01lsle Land & fA COmmlS:=;IC:1 [7'>',;:;';:5 r\l. .9,200:3 ~,.,.,~_.,=-,~,,_:,~; ;i\tfh~vc3ili~~~r.;t;::;~n,~n~~;~g:;~~~~ed ;- _:[~ }~g~~~;~?t~.~~~~~~~c:n~o~:. .n -::-. ";' ',dqi;lh""nd~~~~ffiY" ~".": ~," ;'" ", ~ri:IO;~~_S; ~~'t....",:-.'_:-:tw:'-1_"<'!\ _:~+;~'~,,~:~'_:''-'> ,..~~.; May 5, 2000 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character '~ of publication are true. _~J,// /r"?d ,"'/ / I" ~ 11,2000 11 . ,-~ , """'""",".' "-.- " 0 0 0 c 0 '-'n ;;;;: <- ----j -om c: "i-'-l::-'-J m'r~'l - ~ Z::D :';,'~8 z~ (f)'1:,. (".,) '~~}g -<~~ r:::CJ := '- ~(~ ~Cj ..$,. c' '? ~:::::;: rn PC: u ;:;! ~ N :D .&:'" -< ~-~ --'