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HomeMy WebLinkAbout07-0475WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and SCBRACK & LINSFN ACA LAW OFFICES executors, and any and all other parties of interest, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. QAI- L 1 : CIVIL ACTION - LAW : ACTION TO QUIET TITLE NOTICE You have been sued in court. If you wish to defend yourself 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MID-PENN LEGAL SERVICES 8 Irvine Road, Carlisle, Pennsylvania 17013 Telephone: (717) 243-9400 WILLIAM V. RHODES and : IN THE COURT OF COMMON PLEAS OF JOAN G. RHODES, husband : CUMBERLAND COUNTY, PENNSYLVANIA and wife, No. Plaintiffs CIVIL ACTION - LAW VS. ACTION TO QUIET TITLE WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants NOTICIA Scma L 4SMv - LAW OFFICES Le Han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . No. C?'7 47S v- " t : CIVIL ACTION - LAW VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants : ACTION TO QUIET TITLE COMPLAINT AND NOW, this lay of 2007, comes the Plaintiffs, WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, by and through their attorney, Schrack & Linsenbach Law Office, and files this Complaint and avers the following: 1. The Plaintiffs herein are WILLIAM V. RHODES and JOAN G. RHODES, residing at 11 Joseph Drive, Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania 17007. 2. The Defendants are WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and all other parties of interest, whose whereabouts are unknown. 3. Plaintiffs are in possession of a parcel of real property located in South Middleton Sc?cx? I?scx LAW OFFICES Township, Cumberland County, Pennsylvania, having tax map parcel number of 40-14-0140-039, containing approximately 5.357 acres (the subject premises), by deed dated August 26, 1983 and recorded in the Office of the Recorder of Deeds for Cumberland County, Commonwealth of Pennsylvania, in Deed Book K30 at page 346, a copy is attached as "Exhibit A". 4. The Plaintiffs, as owners of the subject premises have been in actual, continuous, visible and notorious, distinct and exclusive and hostile possession of the subject premises in excess of twenty-one (21) years. 5. The subject premises has no owner of record, other than Plaintiffs, according to the records of the Tax Assessment Office of the Cumberland County, Pennsylvania. 6. The Plaintiffs have been paying the real estate property taxes on the subject premises in excess of twenty-one (21) years. 7. A title search of the property was performed by an independent professional abstractor, Nevin J. Baird, which failed to reveal any other owners of record for the subject premises. A copy of the title report summary is attached as "Exhibit B". 8. The last recorded conveyance which appeared to encompass the subject premises was the deed into Plaintiffs referenced in the above paragraph and attached as "Exhibit A". 9. A copy of the survey of the subject premises is attached as "Exhibit C". 10. Plaintiffs ownership is subject to any and all rights-of-way of record as well as a consentable line in a Right-of-Way Agreement with Harry H. Fox, Jr. about to be recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania. 11. The surrounding property owners, at one time or another, have consented to the boundary lines on the property. 12. As a result of the foregoing, Plaintiffs have become owners of the said real property located off Whiskey Springs Road, Cumberland County, Pennsylvania, having Tax Map Parcel Number 40-14-0140-039 by virtue of a deed of conveyance and by adverse possession by them and their predecessors, in title for at least the required twenty-one (21) years; said adverse possession having been continuous, visible and notorious, distinct and exclusive and hostile possession of the real property in excess of twenty-one (21) years. 13. The Plaintiffs desire and need to have their ownership of the subject premises as set SC-M-t A CK & LIN vBACH LAW OFP[CES forth hereinabove confirmed and their title to same quieted in order to obtain a good and marketable title to same. WHEREFORE, Plaintiffs pray your Honorable Court to enter a decree terminating all rights in which the Defendants, their heirs or assigns may have or have had, and further decree that the Defendants, their heirs and assigns be perpetually enjoined from setting up any title from said premises, for impeaching, denying or in any way attaching the Plaintiffs' title to said property, from issuing or maintaining an ejectment action for said premises, and/or from encumbering, mortgaging or conveyance of same or any part thereof. Furthermore, the Plaintiffs pray your Honorable Court to declare that title to said premises shall be quieted and confirmed that the title to said premises is in the Plaintiffs and the Plaintiffs alone, and further that the Plaintiffs be allowed to enjoy said property without interference from the Defendants, their heirs or assigns or any other persons. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES BRIAN C. LIFSENBACH, ESQUIRE I. D. #87360 Attorney for Plaintiffs 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SCMUCK INSVMACH LAW OFFICES WILLIAM V. RHODES and JOAN : IN THE COURT OF COMMON PLEAS OF G. RHODES, husband and wife, . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. CIVIL ACTION - LAW Defendants ACTION TO QUIET TITLE VERIFICATION We, WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, the Plaintiffs herein, verify that the facts set forth in this Complaint are true and correct to the best of our knowledge, information, and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to unsworn falsification to authorities. V WILLIAM V. RHODES Date: Q Q C i ad'e-' JOAN' 6. RHODES SCHRACK & LINsmtAcH LAW OFFICES 147-DEED-Quit Claim Executive Sates Co., 1211 Arch St., Phila. 7, Pa. Made the day of 19V6141 7- an the year Nineteen hundred and eighty three (1983) $ $MILDRED K. SOWERS and GLENN F. SOWERS, her husband and ROY M. WILLIAMS, SR., and NEVA E. WILLIAMS, his wife, of York Springs, Adams County, Pennsylvania, GRANTORS AND - WILLIAM V. RHODES and JOAN G. RHODES, his wife, of South Middleton Township, Cumberland County, Pennsylvania, GRANTEES w c7 --i ,; I pifutow? That in consideration of . One Hundred s? cca . us r.,n ($1.00) c C? C•? ea T? ? t c Ei -? rn Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby release and Quit-Claim to the said grantees, their heirs and assigns that certain tract of land situate in South Middleton Town- shis, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the railroad spike set in Whiskey Spring Road at a point which is the northern angular apex of the tract herein described thence along lands now or formerly of Kathryn Sheaffer, South 44 degrees 46 minutes 13 seconds West, a distance of 51.21 feet to a rebar; thence continuing along said last mentioned lands, South 00 degrees 07 minutes 10 seconds East, a distance of 34.47 feet to an iron pipe in a stone pile; thence along other lands of the Grantees herein, South 06 degrees 41 minutes 29 seconds West, a distance of 1336.50 feet to a rebar in a stone pile; thence along lands now or formerly of George C. Wolfe, Sr., South 06 degrees 41 minutes 29 seconds West, a distance of 170.58 feet to a railroad rail in concrete; thence along lands now or formerly of Charles B. Baker North 65 degrees 55 minutes 28 seconds East, a distance of 269.72 feet to a rebar; thence along lands of Mildred K. Sowers and Glenn F. Sowers, her husband, North 00 degrees 21.minutes 40 seconds East, a distance of 1390.82 feet through a rebar to a railroad spike in Whiskey Spring Road; thence in Whiskey Spring Road, North 25 degrees 28 minutes 57 seconds West, a distance of 25 feet to another railroad spike set in Whiskey Spring Road; and thence continuing in Whiskey Spring Road, along lands of Roy M. Williams, Sr. and Neva E. Williams, his wife, North 36 degrees 25 minutes 37 seconds West, a distance of 55 feet to a point, the Place of BEGINNING. CONTAINING in area 5.357 acres. This description is made in accordance with a survey prepared for the Grantees dated March 21, 1983 by John R. Williams, P.L.S. WK 30 ma- 346 I'- ? n jMfUtOO ?X?•trtVig said grantors have hereunto set theirhand `s and seals the day and year first above written. p?X?BtP?, ?P1t1P11 natal ?P11XtPXP? xat kI?P ?'P?PatCP v.? CUA* Ca., P?a. V Real Estate TMWW TIK 19 PAW ?4; !. ma '..r.. `` '' ' ? low Mil red K. Sowers enn F. owers ^ Williams, Sr. alt?s Neva E. Willi r T_FU100i Dist. CUM. All, CrIiIni). Cat Dist. .RECEIVED, on the day of the date of the above Indenture, of the aEgae-named f vF ratat l ictatac? 40maaaouulPx8.lk1? ?Gvttatk? of ?:o ?? k. _U^ On this the day of `PrO%06?' .4nno Domini 19 83before me, a notary public, personally appeared the above named MILDRED K. SOWERS and GLENN F. SOWERS, her husband, and in due form of law acknowledged the above INDENTURE to be their act and deed, and desired the same might be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. .' . LINDA D. WALTERICK. NOTARY PUk SHIREMANSTOWN BORO, CUIdBERLAND.CDUNTiI my CuRtMION UPI Mem1u, jPennsylvania Association1t.liofitFje? • • • P E ` ' '• Wv ??aaR?utaat?P?.lkl? a0••? Patat??l??tatxat ;; , . ??aAAtk? ar? 'Y v c On this the a b day of L•a__? a notary public, ?lnno Domini 1983before me, personally appeared the above named Y ROY M. WILLIAMS, SR. and NEVA E. WILLIAMS, his wife, and in due form of law acknowledged the above INDENTURE to be their "'•r .;.? act and deed, and desired the same might be recorded as such. WITNESS my hand and notarial seal the day anc... r qfbtresaid. ?s ?. ?. ?1exyy LINDA D. VIALTERICK. C NOTARY ND COUICT1f' V MY CDgiliji0A EXPIRES DEC. 16, 198 ...., _ _...J#C ?t1 Mem6"•ftnaSylYa°ia Association of Notaries '.011 vA r. F A d7 Oil txtt?xt? txtxtXxxxtxtaa On this day of ?lnno Domini 19 , before me, the subscriber, a in and for said Commonwealth and County, personally appeared who acknowledged himself to be the a Corporation, and that he as such being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as WITNESS my hand and the day and year aforesaid. COMMONWEALTH OF PENNSYLV.4NiA = DEPARTMENT OF REVENUE C-_ REALTY ?- `t TRANSFER •^' D 116: ??,.?.,."..,.,?,....... .:.. tVAV fzftl that the precise address of the grantee herein is AaY ; rr ..at. +. O ??axnxn,axtxu?e.?l?r ??' ??xtxt??rl?urxtxtitt tr,ar?tt?t in the Office for Recording of Deeds in and for in Deed Book eEtc. 30ifutos my hand and seal of Office this // day of G ' .4nno Domini 19 SOUK 30 PACE 348 Recorder TITLE REPORT SUMMARY DATE: June 19, 2006 LOCATION: Whiskey Springs Road CLIENT: Linsenbach DESCRIPTION: Cumberland County, South Middleton Township Parcel Nr. 40-14-0140-039 Plan: Lot: Plan Book: Page: PRESENT OWNERS: William V. Rhodes and Joan G. Rhodes, his wife GRANTOR: Mildred K.Sowers and Glenn F.Sowers, her husband and Roy M. Williams, Sr., and Neva E. Williams, his wife (NOTE: I do not believe Williams was part of this conveyance, unless there is an unrecorded deed) DEED BOOK: "K", Vol 30 page 346 DATE OF DEED: 8/26/83 DATE REC 10/11/83 MORTGAGES: None FROM: TO: DATED: RECORDED: IN MTG. VOL: PAGE: AMOUNT OF $ FROM: TO: DATED: RECORDED: IN MTG. VOL. PAGE: AMOUNT OF $ FROM: TO: DATED: RECORDED: IN MTG. VOL.. PAGE: AMOUNT OF $ ASSIGNED TO: RECORDED: MISC. BK: DOMESTIC RELATIONS ARREARAGE (If full names provided): N/A DELINQUENT TAXES: None JUDGMENTS/LIENS (Includes buyers if full names provided): None RESTRICTIONS: None of record EASEMENTS/RIGHTS OF WAY: Rights granted to: 1. Edwin D & Daris Jean A Zeigler in Misc. B k 633 page! 219. 2. Kenneth P. Reist and Sandra Y. Reist in Misc. Bk 229 page 412. 3. Kenneth P. Reist and Sandra Y. Reist in Misc. Bk 229 page 410. 4.The United Telephone Co of PA in.Misc. Bk 243 page 777, and Misc. Bk 243 page 789. 5. Metropolitan Edison Co in Misc Bk 244 page 995. ASSESSMENTS: LAND: 45,080 IMPROVE:0 TOTAL: 45,080 SEARCH DATES:6/4/21 to 6/15/06 ad t 1E 1 t ? r• ?' 13 14 to -44 • 4 '' ?{? p 11 F v ? C6` TL d? • { s ' a a. ~3 b t? h 7 493. p -n r C.?T ? ft'S tn v t -.?.J .rtJ` t -43 oi., WILLIAM V. RHODES and IN THE COURT OF COMMON PLEAS OF JOAN G. RHODES, husband CUMBERLAND COUNTY, PENNSYLVANIA and wife, : No. 07-475 Civil Term Plaintiffs CIVIL ACTION - LAW VS. ACTION TO QUIET TITLE WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants MOTION FOR PUBLICATION AND NOW, TO WIT, this day of e 4 <'.-,F 2007, comes the Plaintiffs, WILLIAM V. RHODES and JOAN G. RHODES, by their ?tomey, Brian C. Linsenbach, Esquire, and files this Motion for Publication. The following of which is a statement: 1. This Action to Quiet Title was commenced by a Complaint filed in the Cumberland County Prothonotary's Office on January 23, 2007. A copy of that Complaint is attached hereto as Exhibit "A". 2. The title of the real estate which is the subject of this action is in the name of the Plaintiffs, William V. Rhodes and Joan G. Rhodes. 3. It is believed that prior to the real estate being transferred into Plaintiffs' names, this tract was an orphaned parcel left over from an original grant of William Penn and Hannah Penn, husband and wife or John Penn and Thomas Penn, all who have died and leave no heirs that are ascertainable. MACK 4. It is believed that there are no other persons claiming ownership or possession of this Lnvs04BACA real estate. LAW OFFICES 5. The only way to serve this Action to Quiet Title is by publication. WHEREFORE, Plaintiffs respectfully request the Honorable Court to enter an Order permitting service of this Complaint in Action to Quiet Title by publication. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES BRIAN C. LINSENBACH, ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 cMACI? Lnvs?xBACH LAW OFFICES WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-475 Civil Term CIVIL ACTION - LAW ACTION TO QUIET TITLE AFFIDAVIT TO SUPPORT THE MOTION FOR PUBLICATION S HRACK A- LmsEmmm LAW OFFICES 1. An abstract of title has been performed on the subject premises and the search failed to reveal any conveyance into or out of any person other than the Plaintiffs for the subject premises. 2. The abstract of title failed to provide any useful information or evidence on the location or whereabouts of any of the Defendants. 3. It is believed, and therefore averred, that the title for the subject property, as such, is vested in William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, their heirs and assigns. 4. No probate records for William Penn and Hannan Penn, husband and wife, John Penn and Thomas Penn were found in the Office of the Cumberland County Register of Wills. 5. William Penn and Hannah Penn, husband and wife, John Penn and Thomas Penn are all deceased and it is impossible to ascertain their heirs and assigns. 6. An Internet search for information on William Penn, Hannah Penn, John Penn and Thomas Penn has failed to provide any useful information. 7. A search of the tax maps and tax records, both past and present, in the Cumberland County Map Office and Assessment Office failed to yield any useful information on the location or whereabouts of the Defendants or that any other parties own the property other than Plaintiffs. 8. A site visit to the property failed to reveal any evidence of ownership by any other person other than Plaintiff or Plaintiffs predecessors in interest. 9. Surveyors of the property failed to find any evidence or information about any other possible property owner. 10. A search of the phone books for Cumberland County failed to result in any useful information on the location or whereabouts of any of the Defendants. 11. Questioning the nearby property owners failed to result in any useful information on the location or the whereabouts of any of the Defendants of any other person claiming ownership of the subject property, other than Plaintiff or Plaintiffs predecessors in interest. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES BRIAN CCLANSENBACHI ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SWORN TO AND SUBSCP.IBET BEFO THIS cC DAY ?F? 2007. C COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary Public DNlsburg Boto, York County MY Commission Expires Oct. 25, 2010 Member, Pennsylvania Association of Notaries SCxKACK & LOMENRM$ LAW OFFICES WILLIAM V. RHODES and IN THE COURT OF COMMON PLEAS OF JOAN G. RHODES, husband CUMBERLAND COUNTY, PENNSYLVANIA and wife, Plaintiffs No. 07-475 Civil Term CIVIL ACTION - LAW VS. ACTION TO QUIET TITLE WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants NOTICE OF PUBLICATION To: WILLIAM PENN, HANNAH PENN, JOHN PENN, THOMAS PENN and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS WILLIAM PENN, HANNAH PENN, JOHN PENN and THOMAS PENN. TAKE NOTICE that on the 23rd day of January, 2007, WILLIAM V. RHODES and JOAN G. RHODES, filed their Complaint against the above-named Defendants in an Action to Quiet Title docketed to No. 07-475 CIVIL, in the Court of Common Pleas of Cumberland County, Pennsylvania, with reference to a tract of land in South Middleton Township, Cumberland County, Pennsylvania, identified and known as follows: BEGINNING at the railroad spike set in Whiskey Spring Road at a point which is the northern angular apex of the tract herein described thence along lands now or formerly of Kathryn Sheaffer, South 44 degrees 46 minutes 13 seconds West, a distance of 51.21 feet fo a rebar; thence continuing along said last mentioned lands, South 00 degrees 07 minutes 10 seconds East, a distance of 34.47 feet to an iron pin in a stone pile; thence along other lands of the Grantees herein, South 06 degrees 41 minutes 29 seconds West, a distance of 1336.50 feet to a rebar in a stone pile; thence along lands now or formerly of George C. Wolfe, Sr., South 06 degrees 41 minutes 29 seconds West, a distance of 170.58 feet to a railroad rail in concrete; thence along lands now or formerly of Charles B. Baker North 65 degrees 55 minutes 28 seconds East, a distance of 269.72 feet to a rebar; thence along lands now or formerly of Mildred K. Sowers and Glenn F. Sowers, her husband, North 00 degrees 21 minutes 40 seconds East, a distance of 1390.82 feet through a rebar to a railroad spike in Whiskey Spring Road; thence in Whiskey Spring Road, North 25 degrees 28 minutes 57 seconds West, a distance of 25 feet to another railroad spike set in Whiskey Spring Road; and thence continuing in Whiskey Spring Road, along lands now or formerly of Roy M. Williams, Sr. and Neva E. Williams, his wife, North 36 degrees 25 minutes 37 seconds West, a distance of 55 feet to a point, the place of BEGINNING. CONTAINING in area 5.357 acres. SAID COMPLAINT requests the Court to decree that any and all rights of the Defendants in the herein above described premises are released and/or extinguished. Further, said Complaint requests the Court to declare that title to said premises shall be quieted and confirmed in the Plaintiffs and the Plaintiffs alone, and further that the Plaintiffs be allowed to enjoy said property without interference from the Defendants, their heirs and assigns, or any other persons. NOTICE You have been sued in court. If you wish to defend yourself 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. BRIAN C. LINSENBACH, Esquire SCHRACK & LINSENBACH Law Offices Solicitor SMACK & ?Wo WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 01 CIVIL ACTION - LAW ACTION TO QUIET TITLE . c ) {, r • - _? ? Defendants NOTICE Co You have been sued in court. If you wish to defend yourself 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MID-PENN LEGAL SERVICES 8 Irvine Road, Carlisle, Pennsylvania 17013 Telephone: (717) 243-9400 WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW ACTION TO QUIET TITLE WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants SMACK & LAw NOTICIA Le Han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMNVIEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW ACTION TO QUIET TITLE COMPLAINT AND NOW, this IT" 'y of , 2007, comes the Plaintiffs, WILLIAM V. RHODES and JOAN G. RHODES, husband an wife, by and through their attorney, Schrack & Linsenbach Law Office, and files this Complaint and avers the following: 1. The Plaintiffs herein are WILLIAM V. RHODES and JOAN G. RHODES, residing at 11 Joseph Drive, Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania 17007. 2. The Defendants are WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and all other parties of interest, whose whereabouts are unknown. 3. Plaintiffs are in possession of a parcel of real property located in South Middleton Township, Cumberland County, Pennsylvania, having tax map parcel number of 40-14-0140-039, containing approximately 5.357 acres (the subject premises), by deed dated August 26, 1983 and recorded in the Office of the Recorder of Deeds for Cumberland County, Commonwealth of Pennsylvania, in Deed Book K30 at page 346, a copy is attached as "Exhibit A". 4. The Plaintiffs, as owners of the subject premises have been in actual, continuous, visible and notorious, distinct and exclusive and hostile possession of the subject premises in excess of twenty-one (21) years. 5. The subject premises has no owner of record, other than Plaintiffs, according to the records of the Tax Assessment Office of the Cumberland County, Pennsylvania. 6. The Plaintiffs have been paying the real estate property taxes on the subject premises in excess of twenty-one (21) years. 7. A title search of the property was performed by an independent professional abstractor, Nevin J. Baird, which failed to reveal any other owners of record for the subject premises. A copy of the title report summary is attached as "Exhibit B". 8. The last recorded conveyance which appeared to encompass the subject premises was the deed into Plaintiffs referenced in the above paragraph and attached as "Exhibit A". 9. A copy of the survey of the subject premises is attached as "Exhibit U. 10. Plaintiffs ownership is subject to any and all rights-of-way of record as well as a consentable line in a Right-of-Way Agreement with Harry H. Fox, Jr. about to be recorded in the Office of the Recorder of Deeds, Cumberland County, Commonwealth of Pennsylvania. 11. The surrounding property owners, at one time or another, have consented to the boundary lines on the property. 12. As a result of the foregoing, Plaintiffs have become owners of the said real property located off Whiskey Springs Road, Cumberland County, Pennsylvania, having Tax Map Parcel Number 40-14-0140-039 by virtue of a deed of conveyance and by adverse possession by them and their predecessors, in title for at least the required twenty-one (21) years; said adverse possession having been continuous, visible and notorious, distinct and exclusive and hostile possession of the real property in excess of twenty-one (21) years. 13. The Plaintiffs desire and need to have their ownership of the subject premises as set SCMACK& ?W o Ian forth hereinabove confirmed and their title to same quieted in order to obtain a good and marketable title to same. WHEREFORE, Plaintiffs pray your Honorable Court to enter a decree terminating all rights in which the Defendants, their heirs or assigns may have or have had, and further decree that the Defendants, their heirs and assigns be perpetually enjoined from setting up any title from said premises, for impeaching, denying or in any way attaching the Plaintiffs' title to said property, from issuing or maintaining an ejectment action for said premises, and/or from encumbering, mortgaging or conveyance of same or any part thereof. Furthermore, the Plaintiffs pray your Honorable Court to declare that title to said premises shall be quieted and confirmed that the title to said premises is in the Plaintiffs and the Plaintiffs alone, and further that the Plaintiffs be allowed to enjoy said property without interference from the Defendants, their heirs or assigns or any other persons. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES BRIAN C. L SENBACH, ESQUIRE I. D. #87360 Attorney for Plaintiffs 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 KA LAW tcss WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW ACTION TO QUIET TITLE VERIFICATION We, WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, the Plaintiffs herein, verify that the facts set forth in this Complaint are true and correct to the best of our knowledge, information, and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C. S. §4904) relating to unworn falsification to authorities. f V WILLIAM V. RHODES Date: Q 6 o JOAN` . RHODES SCHRMX & iammax LAW OFFICES 107--0EED--gait Galm _ Executive Sales Co.. 1211 Arch St., Phila. 7. Pa. lA Made the day of 19V6461 7- Q , in the year Nineteen hundred and eighty three (1983) 414ILDRED K. SOWERS and GLENN F. SOWERS, her husband ' and ROY M. WILLIAMS, SR.., and NEVA E. WILLIAMS, his wife, of York Springs, Adams County, Pennsylvania, GRANTORS AND - WILLIAM V. RHODES and JOAN G. RHODES, his wife, of South Middleton Township, Cumberland'County, .10 Pennsylvania, GRANTEES c --t -o"01 ut cn cs rnC:1 r?° v rn .A. Q V c o p S rj) That in consideration of • One Hundred ($130) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors -do hereby release and Quit-GUim to the said grantees, their heirs and assigns ?I that certain tract.of land situate in South Middleton Town- shi ; Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the railroad spike set in Whiskey Spring Road at a point which is the northern angular apex of-the tract herein described thence along lands now or formerly.of Kathryn Sheaffer, South 44 degrees 46 minutes 13 seconds West, a distance of 51.21 feet to a rebar; thence continuing along said last mentioned lands, South 00 degrees 07 minutes 10 seconds East, a distance of 34.47 feet to an iron pipe in a stone pile; thence along other lands of the Grantees herein, South 06 degrees 41 minutes 29 seconds West, a distance-0-f 1336.50 feet to a rebar in a stone pile; thence along lands now or formerly of.George C. Wolfe, Sr., South 06 degrees 41 minutes 29 seconds West, a distance of 170.58 feet.to a railroad rail in concrete; thence along lands now or formerly of Charles B. Baker North 65 degrees 55 minutes 28. seconds East, a distance of 268.72 feet to a rebar; thence along lands of Mildred K. Sowers and'Glenn F. Sowers, her husband, North 00 degrees 21.minutes 40 seconds East, a distance of 1390.82 feet through a rebar-to a railroad spike in Whiskey Spring, Road; thence in Whiskey Spring Road, North 25 degrees 28 minutes 57-seconds West`, a distance of 25 feet to another railroad spike set in Whiskey Spring Road; and thence continuing in Whiskey Spring Road, along lands of Roy M. Williams, Sr. and Neva E. Williams, his wife, North 36 degrees 25 minutes 37 seconds West, a distance of 55 feet to a point, the Place of BEGINNING-.- CONTAINING in area 5.357 acres. This description is made in accordance with.a survey prepared for the Grantees dated March 21, 1983 by John R. Williams, P.L.S. W04 30 PAGE 346 , lt1? rr? said grantor s have hereunto set theirhanri`s and seals the day and year first above written. $sgtb, $t tlth ,air 9196vtUb L,Q k, Lc in k1 t yrtfiFtus't of MK. Sowers G enn F. owers Ro M. Williams, Sr. Neva E. Willi s vwww, c,fft V 6-M QL idly. OIL Owl Dist. Real Estate TrsddBr TO'. .NEMYED, on the day of the date of *the above Indenture, of the aSbve-named ?i0ututD?ltlltta O•E ?t1Nii#??YTitlt?.ti: ?V01t3Tk? O?F?? ?`1?-- ??• On this the d6 day of Oru%u6-t- Jnno Domini 19 83before me, a notary public, personally appeared the above named MILDRED K. SOWERS and GLENN F: SOWERS, her husband, and in due form of law acknowledged the above INDENT UEE to be their act and deed, and desired the same might be recorded as such. WITNESS my hand and notarial seal the day and year.pPreeak LINDA D. WALTERICK. ROTARY PUB SNIRENANMWN 8080, CUYBE •COUNi1 0w,-vA 4wMh,&Ms Awaistlaa et lbob?is ?ommortrwtalkl?r off' ?sxuttFgl?aust?a ..;?• ' . On this the C? b day of ck Xnno Domini 19 83 before me, a notary public, personally appeared the above named ROY M. WILLIAMS, SR. and NEVA E. WILLIAMS, his wife, and in due form o law acknowledged the above INDENT URE to be their ;''; •,.; act and deed, and desired the same might be recorded as such. WITNESS my hand and notarial seal the day and `pAt4es4,? Rlel ogwew &F LINDA D• +NIILTERI6K. NOTARY ? •. ? r RN1?`s A. 17007 -- rxew'-t; wi ?.??.,.....==--ND?? UY C01 Hissli EriPIkES DEC. 16.14i5 Mrmh? : yiVa0b Anock ON of Neariu - -J on rent Ad'i +: ?33Wxt?llje?? ai ??txta???ttxts?t AFAF. on this day of dnno Doman 19 , before me, the aubsoriber, a in and for said Commonwealth and County, personally appeared who acknowledged himself to be the a Corporation, and that he as such , beinj authorized to do so, executed the forefoinf instrument for the purposes therein oontained by sifninj the name of the Corporation by himself as WITXR& my hand and. the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA = DEPARTMENT OF REVENUE C- REALTY TRANSFER `t TAX 9CTi V89 0 ?. c P.B.I l 162 _; M4 4erfam that the precise address of the grantee herein is A&CArbA in the Office for Recording of Deeds in and/or in Deed Book ?46 e ,1116 Etc. itutoo my hand and seal of Office this 600 30 PAGE 348 day of dnno DoWni 19 . Recorder TITLE REPORT SUMMARY DATE: June 19, 2006 CLIENT: Unsenbach LOCATION: Whiskey Springs Road DESCRIPTION: Cumberland County, South Middleton Township Parcel Nr. 40-14-0146-039 Plan: Lot: Plan Book: Page: PRESENT OWNERS: William V. Rhodes and Joan G. Rhodes, his wife GRANTOR: Mildred K.Sowers and Glenn F.Sowers, her husband and Roy M. Williams, Sr., and Neva E. Williams, his wife (NOTE: I do not believe Williams was part of this conveyance, unless there is an. unrecorded deed) DEED BOOK: W, Vol 30 page 346 DATE OF DEED: 8/26183 DATE REC 10111/83 MORTGAGES: None FROM: TO: DATED: RECORDED: IN MTG. VOL: PAGE: AMOUNT OF $ FROM: TO: . DATED: RECORDED: IN MTG. VOL. PAGE: AMOUNT OF $ FROM: . TO: DATED: ' RECORDED: IN MTG. VOL. , . PAGE:. AMOUNT OF $ ASSIGNED TO: RECORDED: MISC. BK: . DOMESTIC RELATIONS ARREARAGE (If full names provided): WA DELINQUENT TAXES: None JUDGMENTS/LIENS (Includes buyers if full names provided): None RESTRICTIONS: None of record EASEMENTS/RIGHTS OF WAY: Rights granted to:. 1. Edwin D & Darls Jean A Zeigler iri Misc. B k 633 page 219. 2. Kenneth P. Reist and Sandra Y. Reist in Misc. Bk 229 page 412. 3. Kenneth P. Relst and Sandra Y. Reist in Misc: Bk 2219 page 410. 4.The United Telephone Co of PA Ip.Misc. Bk 243 page 777, and Misc. Bk 243 page 789. 5. Metropolitan Edison Co'iri' Misc Bk 244 page 995. ASSESSMENTS: LAND: 45,080 ' IMPROVE: 0 -TOTAL: 45,080 SEARCH DATES:6/4/21 to 6/15/06 ' n~ y 4 0 1? .? Lyi W `M ? 11 t ? ? K? lbL in 4t. o ! i 49 4 4 If 4 Aln 0 f.; .0 ft i '4 . ,.. u All ? s 401. 413 irk', it v as. No rJ 1 F1 SCHRACK& LAW OFFICES FEB o 7 2001 WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-475 Civil Term CIVIL ACTION - LAW ACTION TO QUIET TITLE ORDER FOR PUBLICATION AND NOW, TO WIT, this day of 64rto!!Z , 2007, upon consideration of the foregoing Motion and attached Affidavit, the Plaintiffs are granted leave to make service of the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in the Cumberland Law Journal and once in one daily newspaper of general circulation in the County of Cumberland, the said publication requiring the Defendant, his heirs and assigns, if any, to plead to said Complaint within twenty (20) days from the date of the last appearance of the publication. BY THE COURT: J. ;i ,??`,") ?; _t pert ?.r ' i,?..?y l ?'- ? ?? ? WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, vs. Plaintiffs WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-475 Civil Term CIVIL ACTION - LAW : ACTION TO QUIET TITLE MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS FOR FAILURE TO ANSWER Plaintiffs, WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, by their undersigned attorney, BRIAN C. LINSENBACH, ESQUIRE, files this motion for a Judgment by Default against Defendants, WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest and in support thereof avers the following: 1. This is an action to quiet title in which Plaintiffs request that Defendants, William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, their heirs, assigns, successors, devisees, administrators and executors, and any and all other parties of interest and any person claiming under Defendants be permanently enjoined and restrained from asserting any claim or interest in or to real property described in Plaintiffs' Complaint, which was filed on January 23, 2007, and docketed to the above number. 2. Attached as Exhibit "A" is an affidavit stating that a Complaint containing a Notice to Defendants was served by publication pursuant to an Order dated February 8, 2007. 3. The Defendants have failed to respond to the Complaint or file an answer within the time required. 4. Pa. R.C.P. No. 1066(a) allows the Court to grant appropriate relief on an Affidavit that SCHRACK & a Complaint containing a Notice to Defendants has been served and Defendants have not filed an LINSENUCH answer. -- LAW OFFICES 5. One of the adjoining landowners, Harry H. Fox, Jr., has signed a Consentable Line and Right of Way Agreement dated December 28, 2006, which was recorded in the Office of the Recorder of Deeds of Cumberland County, a copy of which is attached as "Exhibit B". 6. The other adjoining landowners have at one time or another signed deeds back to Plaintiffs. WHEREFORE, Plaintiffs request this Court to enter an Order of Judgment by Default against Defendants, WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, pursuant to Pa. R.C.P. No. 1066(a). Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES By: BRIAN C. LINSENBACH, ESQUIRE I. D. No. (87360) Attorney for Plaintiffs 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SCHRACK & L 1NSENBACF LAW OFFICE WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, vs. Plaintiffs WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-475 Civil Term CIVIL ACTION - LAW ACTION TO QUIET TITLE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS Brian C. Linsenbach, Esquire, being duly sworn according to law, deposes and says that: 1. He is the attorney for the Plaintiffs in the above-captioned action. 2. Motion for Publication was filed and an Order was issued to allow service by publication dated February 8, 2007 (see attached Order). 3. Publication was made through Cumberland Law Journal on March 2, 2007 (see attached Proof of Publication) in accordance with an Order for Publication dated February 8, 2007 and Pennsylvania Rule of Civil Procedure 1066. 4. Publication was made through The Sentinel on February 24, 2007 (see attached proof of Publication) in accordance with an Order for Publication dated February 8, 2007 and Pennsylvania Rule of Civil Procedure 1066. SCHRACx LINSENBACH LAW OFFICES COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary Public Dillsburg Boro, York County My Commission Expires Oct. 25, 2010 Member. Pennsvlvania Association of Notaries Sworn and subscribed to before me this 'Y'om day of /,2007. "Not a Pub 'c SCHRACK & LINSENBACH LAW OFFICES BRIAN C. LINSENBACH, ESQ. (87360) Attorney for Plaintiffs 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 EXHIBIT "A" FEB 0 7 Z0071 "'y WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs CIVIL ACTION - LAW VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-475 Civil Term ACTION TO QUIET TITLE 3 Defendants SMACK LMSITR IR LAW OFFICES ORDER FOR PUBLICATION AND NOW, TO WIT, this day of , 2007, upon consideration of the foregoing Motion and attached Affidavit, the Plaintiffs are granted leave to make service of the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in the Cumberland Law Journal and once in one daily newspaper of general circulation in the County of Cumberland, the said publication requiring the Defendant, his heirs and assigns, if any, to plead to said Complaint within twenty (20) days from the date of the last appearance of the publication. BY THE COURT: J. T- A :CORD my hods In .1, Pa- f an he sta. P thonotarll CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 March 2, 2007 Cumberland Law Journal is published every Friday by the Cumberland County Bar Association and is designated by the Court of Common Pleas as the official legal publication for Cumberland County and the legal newspaper for publication of legal notices. TO: Brian C. Linsenbach, Esquire RE: ( Quiet Title ) Rhodes vs Penn Legal advertisements must be received by Friday Noon. All legal advertising must be paid in advance. Make all checks payable to: Cumberland Law Journal. Advertisement inserted on following date: March 2, 2007 155 Total Lines Printed - 35 Lines for $ 75.00 Advertising Cost $ 75.00 120 Lines at $2.00 Additional per lines charge $ 240.00 Payment received $ .00 ------------- Total Amount Due 315.00 ??i?/? 7 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 2, 2007 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 true. isa Marie Coyne, 'tor SWORN TO AND SUBSCRIBED before me this 2 day of March, 2007 {'':V, E,., /+k'aY?? Public ?. i? ! ?i}4L:t o, psi; P E-..Our @3 t' f,COO CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO.: 07-475 WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants ACTION TO QUIET TITLE NOTICE OF PUBLICATION To: WILLIAM PENN, HANNAH PENN, JOHN PENN, THOM- AS PENN and HEIRS, EX- ECUTORS AND ASSIGNS OF LEWIS WILLIAM PENN, HANNAH PENN, JOHN PENN and THOMAS PENN. TAKE NOTICE that on January 23, 2007, WILLIAM V. RHODES and JOAN G. RHODES, filed their Complaint against the above-named Defendants in an Action to Quiet Title docketed to No. 07-475 CIVIL, in the Court of Common Pleas of Cumberland County, Pennsylvania, with reference to a tract of land in South Middleton Township, Cum- berland County, Pennsylvania, iden- tified and known as follows: BEGINNING at the railroad spike set in Whiskey Spring Road at a point which is the northern angular apex of the tract herein described thence along lands now or formerly of Kathryn Sheaffer, South 44 de- grees 46 minutes 13 seconds West, a distance of 51.21 feet to a rebar; thence continuing along said last mentioned lands, South 00 degrees 07 minutes 10 seconds East, a dis- tance of 34.47 feet to an iron pin in a stone pile; thence along other lands of the Grantees herein, South 06 degrees 41 minutes 29 seconds West, a distance of 1336.50 feet to a rebar in a stone pile, thence along lands now or formerly of George C. Wolfe, Sr., South 06 degrees 41 minutes 29 seconds West, a dis- tance of 170.58 feet to a railroad rail in concrete; thence along lands now or formerly of Charles B. Baker North 65 degrees 55 minutes 28 seconds East, a distance of 269.72 feet to a rebar: thence along lands now or formerly of Mildred K. Sow- ers and Glenn F. Sowers, her hus- band, North 00 degrees 21 minutes 40 seconds East, a distance of 1390.82 feet through a rebar to a railroad spike in Whiskey Spring Road; thence in Whiskey Spring Road, North 25 degrees 28 minutes 57 seconds West, a distance of 25 feet to another railroad spike set in Whiskey Spring Road; and thence continuing in Whiskey Spring Road, along lands now or formerly of Roy M. Williams, Sr. and Neva E. W11- liams, his wife, North 36 degrees 25 minutes 37 seconds West, a dis- tance of 55 feet to a point, the place of BEGINNING. CONTAINING in area 5.357 acres. SAID COMPLAINT requests the Court to decree that any and all rights of the Defendants in the herein above described premises are released and/or extinguished. 16 CUMBERLAND LAW JOURNAL Further, said Complaint requests the Court to declare that title to said premises shall be quieted and con- firmed in the Plaintiffs and the Plain- tiffs alone, and further that the Plaintiffs be allowed to enjoy said property without interference from the Defendants, their heirs and as- signs, or any other persons. AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. BRIAN C. LINSENBACH, ESQUIRE SCHRACK & LINSENBACH LAW OFFICES Solicitors Mar. 2 NOTICE You have been sued in court. If you wish to defend yourself against the claims set forth in the following pages, you must take action within twenty (20) days after this Com- plaint and Notice are served, by entering a written appearance per- sonally or by attorney and Sling 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 pro- ceed 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 re- quested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LE- GAL HELP. THIS OFFICE CAN PRO- VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER Cumberland County Bar Center 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT THE SENTINEL - LEGAL P.O. BOX 130, CARLISLE PA 17013 AD NUMBER CLASS 323837 110 PUBLIC NOTICES AD DESCRIPTION NOTICE WILLIAM V. RHODES AND : IN PUBLICATION INSERTIC 3 THE SENTINEL - LEGAL 1 TOTAL AD CHARGE 3 PROOF OF PUBLICATION RUN RETAIN THIS PORTION FOR YOUR RECORDS SCHRACK & LINSENBACH SALESPERSON BILLING DATE LINES shoet 02/28/07 276 * 3 START DATE STOP DATE 02/24/07 02/24/07 RA NET AMOUNT GROSS AMOUNT LGL 333.96 333.96 01PRF 6.35 PURCHASE ORDER PAY THIS AMOUNT 340.31t,,_-`*' 408.37* Rhodes Vs. Penn i MESSAGE: Th 2 ank you for advertising with The Sentinel. V1046 Deadlines for in-column legal advertisements: Monday is Friday at 11 a.m.; Tuesday is Friday at 4 p.m.; Wednesday is Monday at 12 Noon; Thursday is Tuesday at 12 Noon; Friday is Wednesday at 12 Noon; Sunday is Thursday at 12 Noon. If you have any questions regarding your Legal bill please call Tammy Shoemaker 717-240-7176 Fax your legals to 717-243-3754 attention Tanury Shoemaker You can also EMAIL your legal to Classified ads: classified@cumberlink.com Please send a cover letter including your name and address as an attachment r(CiT 4.7 ?C?k?? C J1 JFiV C H.? 10 1;0 %.1 TAX PARCEL NOS. 40-14-0140-039 40-14-0140-039A 40-0140-044 CONSENTABLE LINE AND RIGHT-OF-WAY AGREEMENT THIS AGREEMENT ("Agreement"), made this X day of ?!- 2006, by and between WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, of 11 Joseph Drive, Boiling Springs, Pennsylvania 17007, hereinafter referred to as "Rhodes"; AND HARRY H. FOX, JR. of 600 Cold Springs Road, Dillsburg, Pennsylvania 17019, hereinafter referred to as "Fox"; WHEREAS, Rhodes are the owners of property located off Whiskey Springs Road, in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, having a Tax Parcel number of 40-14-0140-039, and recorded in Deed Book K, Volume 30, at Page 346; and WHEREAS, Fox is the owner of two (2) parcels off Whiskey Springs Road, in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, having Tax Parcel numbers 40-14-0140-039A and 40-0140-044, and recorded in Deed Book 270, at Page 4918; and WHEREAS, Rhodes is filing or has filed a quiet title action claiming title to the Rhodes' property which is adjacent to the Fox properties; and WHEREAS, the Rhodes and Fox properties share a common boundary line; and WHEREAS, the parties desire to agree to a consentable line establishing and confirming the boundary between the two (2) properties; and WHEREAS, Fox desires to retain the right-of-way across the Rhodes property to access his properties; and WHEREAS, the parties desire to memorialize this agreement in writing. LILH UWAN ? NOW, THEREFORE, in consideration of ONE DOLLAR ($1.00) in hand paid, the receipt whereof is hereby acknowledged, and in consideration of the premises, the mutual promises and covenants hereinafter contained, and intending to be legally bound, the Parties hereby agree as follows: 1. The foregoing recitals are incorporated herein by reference and made a art here 2. The parties hereto agree and confirm a common boundary line between the Rhodes' property and the Fox properties as follows: Beginning at an iron pipe set at the corner at the common point of adjoinder of the Parties' lands; thence along and in between the Parties' lands South six (06) degrees forty-one (41) minutes twenty-nine (29) seconds West, for a distance of one thousand three hundred dirty-six and five tenths (1,336.5) feet to a rebar in a stone pile; thence along and in between both Parties' lands South six (06) degrees forty-one (41) minutes twenty-nine (29) seconds West for a distance of one hundred seventy and fifty-eight hundredths (170.58) feet to a rail monument set in stones. This description is recorded in Deed Book K, Volume 30, Page 346, as well as in the final minor subdivision plan of the Faith R. Evans' property prepared by Lyons Surveying of Dillsburg, Pennsylvania. IM SWL A MWOO"PIC 3. Rhodes agrees to allow Fox to retain use of the current right-of-way across the Rhodes' property for the Fox properties for residential purposes. The width of the right-of-way shall be the minimum width allowable for residential purposes. 4. The right-of-way is for the purpose of ingress, egress and regress for vehicular, pedestrian traffic, utilities and all other reasonable uses, to and from the subject tracts and the public portion of Whiskey Springs Road. 5. All parties hereto shall have the right to improve, maintain and repair the common area of the right-of-way upon its full course. Any party desiring to improve said right-of-way or the cartway located upon same, must do so at their own expense without expecting or having any right of contribution by or from another party hereto. Any improvements so made shall become part of said right-of-way and be fully usable by all parties to this Agreement and their successors in interest. 6. Should any of the parties, their heirs or assigns, damage the roadway located on the right-of-way by passage of heavy equipment or vehicles or by any other means, that party shall be responsible to promptly repair the damage. If such party fails to do so, the other party may repair the damage and seek reimbursement from the responsible party. 7. No barriers, fences, curbs or other obstructions to the free and unhampered use of said right-of-way shall hereafter be permitted, nor shall any automobiles, trucks, motor vehicles or other personal property, nor any building or other structure be parked, stored, constructed or permitted upon said area of the right-of-way. 8. The creation of the right-of-way or easements contemplated herein shall not be deemed to constitute an agreement to improve, alter, repair and maintain said right-of-way, nor constitute a charge or lien for the costs thereof against any of the subject tracts described herein, except where provided. 9. The parties shall not make use of the herein stated right-of-way in any manner that unreasonably interferes with the other owner's or the other party's exercise of their similar rights, nor shall the parties make use of their own lots in any manner that interferes with the herein stated right of ingress, egress or regress, nor shall any of the parties make use of the right-of-ways in any manner which damages, alters or interferes with the other parties using or adjoining said right-of-way. 10. Nothing above shall prohibit any of the parties hereto from agreeing to share the expense of repair, maintenance or improvement of the right-of-way or cartway located on same. 11. Nothing to the contrary herein, any party whose use of the right-of-way or of their property, damages or causes a necessity of repair and maintenance to the same, shall be liable at their own expense to repair said damage and restore said right-of- way to at least a condition consistent with the condition of said right-of-way before the damage. Acts of God which require repair, by way of example, but not limited to, wash-outs due to flooding or fallen trees, shall be paid for fully by the party desiring to undertake the repair unless otherwise agreed to in writing, and permission is hereby given to all parties, one to the other, to conduct said repair in any fashion which does not unreasonably interfere or damage the surrounding property value, its use or enjoyment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall be deemed to be covenants running with the land. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day S IMMACH LAW OFFICES and year first above written. WITNESS: (? V U,.S ;Z-.QO WILLIAM V. RHODES _1h - 0- oc-.- JG..-, 7E?/bi HARRY H. FOX, Jl COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF YORK On this, the f day of `A 2003, before me, a Notary Public, the undersigned officer, personally appeared WILTA" V. RHODES and JOAN G. RHODES, husband and wife, known to me (or satisfactorily proven to be) the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. COMM4NWEAI.'TH .O PENNSYLVANIA Notarial , N ' Bri U111Cs I-O rrgg? ry? My CommlwiW E*ms Max. 11, 2007 ublic Notavj Member. Pennsylvania Aeeociaton of Nderbs SOMAM& 11 W •FI SS COUNTY OF YORK On this, the day of 2006, before me a Notary Public, the undersigned officer, p onally appeared HARRY H. FOX, JR., known to me (or satisfactorily proven to be) the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. COMMONWEALTH OF PENNSYLVA? IN WITNESS WHEREOF, I have *MMONWEALTH OF PENNSYLVANIA Notarial Seal janet S. Gore. Notary Public UM$Wrg emo. York C rdy My Commission Expires Od. 25.2010 Member Pennsyvania gssocI tfon of Notarles hand and notarial eat. CJ _71 7 4K WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, Plaintiffs VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-475 Civil Term CIVIL ACTION - LAW : ACTION TO QUIET TITLE AMENDED MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS FOR FAILURE TO ANSWER Sc HRMCK& LM LAOr?'ICE9 Plaintiffs, WILLIAM V. RHODES and JOAN G. RHODES, husband and wife, by their undersigned attorney, BRIAN C. LINSENBACH, ESQUIRE, files this motion for a Judgment by Default against Defendants, WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest and in support thereof avers the following: 1. This is an action to quiet title in which Plaintiffs request that Defendants, William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, their heirs, assigns, successors, devisees, administrators and executors, and any and all other parties of interest and any person claiming under Defendants be permanently enjoined and restrained from asserting any claim or interest in or to real property described in Plaintiffs' Complaint, which was filed on January 23, 2007, and docketed to the above number. 2. A Motion for Publication was filed with this Court on or about February 6, 2007 and an Order granting the Motion was signed by the Honorable Edward E. Guido on February 8, 2007. 3. Attached as Exhibit "A" is an affidavit stating that a Complaint containing a Notice to Defendants was served by publication pursuant to an Order dated February 8, 2007. 4. The Defendants have failed to respond to the Complaint or file an answer within the time required. Since there is no opposing counsel, no concurrence has been sought. K 6. Pa. R.C.P. No. 1066(a) allows the Court to grant appropriate relief on an Affidavit that a Complaint containing a Notice to Defendants has been served and Defendants have not filed an answer. 7. One of the adjoining landowners, Harry H. Fox, Jr., has signed a Consentable Line and Right of Way Agreement dated December 28, 2006, which was recorded in the Office of the Recorder of Deeds of Cumberland County, a copy of which is attached as "Exhibit B". 8. The other adjoining landowners have at one time or another signed deeds back to Plaintiffs. WHEREFORE, Plaintiffs request this Court to enter an Order of Judgment by Default against Defendants, WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, pursuant to Pa. R.C.P. No. 1066(a). Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES Y: BRIAN . INSENBACH, ESQUIRE I. D. No. (87360) Attorney for Plaintiffs 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SUIR CK LR NBACH LAW OFFICES tr± ?? tS `" _? ? _ - ?? .,, ti? ; t',."t ?? ..r _ 1 •. -?i .- ? ?. Y ,-.. W.c _ ? ?: ?, '. JUN 0 8 2007 M' WILLIAM V. RHODES and JOAN G. : IN THE COURT OF COMMON PLEAS OF RHODES, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . No. 07-475 Civil Term : CIVIL ACTION - LAW VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, Defendants : ACTION TO QUIET TITLE e ORDER AND NOW, this day of 3?-? , 2007, an Affidavit of Service of the Complaint with notice to plead having been sled, and no answer having been made by Defendants, upon consideration of the motion of Plaintiffs pursuant to Pa. R.C.P. No. 1066(a), it is hereby: ORDERED that a judgment by default be entered against Defendants William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, their heirs, assigns, successors, devisees, administrators and executors and any and all other parties of interest, directing that they, and any persons claiming under them, are forever barred, enjoined and restrained from asserting any right, lien, title or interest in or to the land or any part thereof, inconsistent with the interest or claim of the Plaintiffs as set forth in the complaint, more particularly described as follows: SCHRACK & UNSENRACH LAW OFFICES BEGINNING at the railroad spike set in Whiskey Spring Road at a point which is the northern angular apex of the tract herein described thence along lands now or formerly of Kathryn Sheaffer, South 44 degrees 46 minutes 13 seconds West, a distance of 51.21 feet fo a rebar; thence continuing along said last mentioned lands, South 00 degrees 07 minutes 10 seconds East, a distance of 34.47 feet to an iron pin in a stone pile; thence along other lands of the Plaintiffs herein, South 06 degrees 41 minutes 29 seconds West, a distance of 1336.50 feet to a rebar in a stone pile; thence along lands now or formerly of George C. Wolfe, Sr., South 06 degrees 41 minutes 29 seconds West, a distance of 170.58 feet to a railroad rail in concrete; thence along lands now or formerly of Charles B. Baker North 65 degrees 55 minutes 28 seconds East, a distance of 269.72 feet to a rebar; thence along lands now or formerly of Mildred K. Sowers and Glenn F. Sowers, her husband, North 00 degrees 21 minutes 40 seconds East, a distance of 1390.82 feet through a rebar to a railroad spike in Whiskey Spring Road; thence in Whiskey Spring Road, North 25 degrees 28 minutes 57 seconds West, a distance of 25 feet to another railroad spike set in Whiskey Spring Road; and thence continuing in Whiskey Spring Road, along lands now or formerly of Roy M. Williams, Sr. and Neva E. Williams, his wife, North 36 degrees 25 minutes 37 seconds West, a distance of 55 feet to a point, the place of BEGINNING. CONTAINING an area of approximately 5.357 acres. SUBJECT to all Rights-of-Way of record. IT BEING TAX PARCEL NUMBER 40-14-0140-039. AND, IT IS FURTHER ORDERED AND DECREED that a copy of this Decree shall be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and shall be entered in said Office in the name of the Plaintiffs and Defendants; the Defendants' names to be indexed in the Grantors index, and the name of the Plaintiffs to be indexed in the Grantees' index; said Order to be construed as a power of attorney authorizing the Recorder of Deeds to accept this Order for recordation, as hereinbefore set forth. AND, IT IS FURTHER ORDERED AND DECREED that Defendants are permanently enjoined from entry upon the land that is the subject of this action, without permission being specifically granted to Defendants by Plaintiffs. J. June 26, 2007, Final Judgment is hereby entered in favor of the plaintiff and against ?O the defendants Pursuant to PA.R.C.P. Rule No. \ 0 1066 & Local Rule 1066.4. SCHRACK & UNSENRACH LAW OFFICFS O ViN/A lY?NIN,?d ,?v 01 :6 WV 9Z Nnr LOOZ A l v t C-);id 3Hi JO 33±-C Q31U