Loading...
HomeMy WebLinkAbout03-0724E. JANE LING, Plaintiff DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- · ACTION TO 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 LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 7. Glenn Marshall Associates was a partnership consisting of Robert G. Ling and John M. Thompson. 8. E. Jane Ling was married to Robert G. Ling at the time Glen Marshall Associates acquired the land in question until Robert Ling'.s death. 9. Robert G. Ling died on September 24, 1995. 10. On November 18, 1997, John M. Thompson conveyed his interest in the subject property to E. Jane Ling. Carolyn L. Thompson joined in the deed to convey her marital interest gained through her husband. 11. Lowell C. Heefner took title to the above tract of real estate on June 24, 1968 by a quit-claim deed from Frederick S. Kraiss. This deed is recorded in the Office of the Recorder of Deeds of Cumberland County at deed book V22 page 257, and is attached hereto as "Exhibit C." 12. The only reference in the Kraiss deed as to his claim of ownership is that the land was "ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, being a part of the tract of land warranted to Elizabeth McKinney on April 30, 1785, and being bounded and described as follows: On the North by land formerly of John A. Fahnestock et.al; on the East by land of the same and land formerly of S. Mayberry; on th eSouth by land formerly of Moses Eby; and on the West by land now .or formerly of Gilliard, Dorsey, and Rockey. 13. A search of the grantor index at the Office of the Recorder of Deeds revealed no entry for a conveyance by Elizabeth McKinney for real estate located in South Middleton Township. 14. Elizabeth McKinney's Will was submitted for probate to the Register of Wills of Cumberland County on May 1, 1824. A copy of her will is attached as "Exhibit D., 15. Elizabeth McKinney's Will created a life estate in her daughter, Eleanor Harris, for the property owned by McKinney at her death in South Middleton Township. 16. Elizabeth McKinney's Will devised the real estate owned by McKinney in South Middleton Township to her granddaughters, Dolly Donly and Polly Harris, at the expiration of Eleanor Harris' life estate. 17. Neither Dolly Donly or Polly Harris appear in the grantee index as having received a grant of real estate according to the records located in the Office of the Recorder of Deeds of Cumberland County. 18. Neither Dolly Donly or Polly Harris are listed in the index for the Office of the Register of Wills of Cumberland County as having a will submitted for probate. 19. A search of the index of records of marriages in the Office of the Register of Wills of Cumberland County resulted in no indication of either Dolly Donly or Polly Harris having been married at any time in Cumberland County. Marriage records exist in the Office of Register of Wills from 1885 to present. 20. The legal description in the deed received by Glenn Marshall Associates on April 28, 1982, refers to a survey conducted by Jerry D. LaRue, dated July 16, 1980. 21. Jerry D. LaRue reports that the survey dated July 16, 1980 was a survey completed by using the legal descriptions in the deeds for the adjoining property owners to establish the description for the tract of real estate in question, as opposed to a survey conducted through an abstract of the title of the real estate in question. As such, the LaRue survey does not give an indication of the chain of title to the property in question. A copy of Jerry LaRue's comments are attached hereto as "Exhibit E." 22. Since April, 1982, the plaintiff, or her husband, individually and as a general partner of Glenn Marshall Associates, has been in possession of the subject property and has been paying the real estate taxes on the property. 23. The plaintiff and/or her deceased husband have been in continuous, open, and notorious possession of the subject property since April, 1982. 24. None of the defendants, nor any other person has ever made any claim for possession of or title to the premises herein described, nor has any action of ejectment or other proceeding been instituted to obtain possession. 25. An Order of Court confirming title in the plaintiff is necessary to create good and marketable title in the plaintiff and to eliminate the cloud on title created by the quitclaim deed from Kraiss to Heefner in 1968. WHEREFORE, plaintiff requests that an Order and Decree be entered forever barring the defendants and their heirs, personal representative and assigns, from asserting any right title or interest in or to the described real estate unless within twenty (20) days from the date of service of the Complaint the defendants or their heirs, personal representatives or assigns commence an action in Ejectment. Respectfully submitted, O'BRIEN, B^RIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirlarchstreet/ling.com VERIFICATION The information in the foregoing Complaint is based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: E: \REALE$'r\L ! NG.DED Tax Parcel No. 40-13-0124-009 THIS DEED, MADE TIlE BETWEEN and ~/~ day of ~/~, in the year one thousand nine hundred ninety-seven (1997) JOHN M. THOMPSON and E. JANE LING, surviving spouse of ROBERT G. LING, t/a GLENN MARSHALL ASSOCIATES, and CAROLYN L. THOMPSON, all of Mechanicsburg, Cumberland County, Pennsylvania, Grahtors, E. JANE LING, individually, of Homosassa, Florida, Grantee: WITNESSETH, that in consideration .of One and No/lO0 Dollars ($1.00), in hand paid, the receipt whereof is hereby acknowl- edged, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assigns: ALL THAT CERTAIN piece or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the center line of a 120 foot right- °f-way of Metropolitan Edison Company and at corner of lands now or formerly of Kenneth E. Rockey and Curtis Myers; thence by the center line of said right-of-way, South 1 degrees 5 minutes 33 seconds East, 399.95 feet to an iron pin at the corner of lands of Curtis Myers and land now or formerly of Adin L.S. Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to an iron pin; thence continuing by same, South 24 degrees 40 minutes 19 seconds West, 115.50 feet to an iron pin; thence by same, South 69 degrees 40 minutes 19 seconds West, 122.92 feet to an iron pin at lin Charles C. May; thence bv Mnu ~f~a~ds now or formerl of ~ ---~' "~ ~ aegrees 47 minutesY04 "EXHIBIT A" seconds West, 92.11 feet to a pipe; thence by same, South 53 degrees 44 minutes West, 1004.58 feet to a pipe in a stone pile at line of lands now or formerly of Lawrence p. Mayland; thence by lands of Mayland and lands now or formerly of Edlu Corporation ~nd lands_now or formerly of Edgar E D egrees 53 minutes 34 s .... ~ ...... ~. orsey. Sr., North 25 ~u= -~s~, 649.22 feet to an iron pin; thence by lands of Dorsey, North 63 degrees 20 minutes 15 seconds East, 334.85 feet to an iron pin in stone'pile; thence by lands now or formerly of Kenneth E. Rockey, North 63 degrees 22 minutes 16 seconds East, 710.02 feet to an iron pin in stones; thence by same, North 63 degrees 29 minutes 55 seconds East, 433.83 feet to an iron pin in the center line of a 120 foot right-of-way of Metropolitan Edison, the place of BEGINNING. CONTAINING 17.598 acres pursuant to survey of Jerry D. Larue, R.S., dated July 16, 1980. File No. C-129. BEING the same premises which Lowell C. Heefner and Alice Heefner, husband and wife, by deed dated April 28, 1982 and recorded May 6, 1982 in the Cumberland County Recorder of Deeds Office in Deed Book "T", Volume 29, Page 590, granted and conveyed unto John M. Thompson and Robert G. Ling, t/a Glenn Marshall Associates. The partnership of Glenn Marshall Associates became formalized by a Partnership Agreement dated March 23, 1989. Carolyn L. Thompson is the wife of John M. Thompson and joins in this conveyance to convey any and all interest that she might have to the within described real estate to E. Jane Ling. The said Robert G. Ling died September 24, THIS IS A transfer from Glenn Marshall Associates, a partnership, to E. Jane Ling, as surviving spouse and successor to the interest of Robert G. Ling, a partner. TOGETHER with an Easement of Right-of-Way as recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 241, Page 737. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written· $ignsd. S, nlt. d and Deflv, rt.d in th, P~m.n~ of L/¥ · · - · Jar~e Llng / ~ _. __(SEAL) COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ~U.k~t~n ~ : : SS. seal. On this, the 30~ day of Od~0'~ ~; ~;~e ed officer, personally appeared 3 ~997, before me, · nompson, known to me 'o ....... onn. M. Thompson and the erson w ~ r saslslactorily proven to be P hose names are subscribed to the within instru and acknowledged ~ ent,that therein contained· they executed the same for the purposes IN WITNESS WHEREOF, I hereunto set my hand and official Nc~ary Public My Commission Expires: Nolarial Seal J Joan E. Brolhers, Notary Public Shlremanslown Boro, Curnberlaltd CouRt, My Co~.m~.s.s. ion Exp res Feb. 1 g, ! 99,~' . . . · , w . A~eby ~mflf and K~ne~ ~. ~Ck'ay and Curtis. ~er,; thence by the cancer.l/ne o~ said minutes, 19 seconds Welt, 188.98 EeoC, to in iron p~n; 'thence continUi~ u; La ~ .~?-~&.w u. a&Y; thence bY May ~..~ ~.. ._. n.s nov st %Q=MCLy o~ .west, 92.11 :set to'a i'e ~ .... [~.aJ ass,eel, aT'mlnuces,'~ ascends -' P P ; enee e~ s~, South ~3 degceee, 44 ~eS~. 10~.58 .~eet' to a p~pe ~n a Stone p~le. ae line o~ lands nov or ~oL~rly 0~ Lawrence p. ~yland; thence by land~ oZ ~ayland and Do.say, St,, ~orth ~ des.eel, 53 minutes, 34 ~econd8 ~e~t. 649.22 'leer, 16 secede East) 710.02 feet, to an ir~fl pin in stones; tken~e by Notch. 63 deers.es,. 29 m~n~tea, 55 aec~fld~ East, 433.~ ~ee:, to an itofl pin in'the center l'/ne si a 120 toot zishc~f~ay of ~tcopoli:an Edison, the ' P~e~e o~ ~EGZ~Z~. CONTAIninG J7,~98 acres purauanC.to su~e~ o~ Deed BOok.R2,.Volume" ' ' s , ~o ~nCe~ried with Alice N. Hee~nar. the Grantors herein. · 'Vol~e 241) Page.737 tn the o~flce of Recorder of De~s of C~erland ~unty. 8eneralZy. ~e ~rope~ ~e~ ~n~yed, ' "EXHIBIT B" ~, . . · . . ~'~ . _--~ ~ · ..... .'. . ' ~'~ · 1982 , before me, · the ..d~g~d o~e~, ~r~onelly o~eOred Lo~e11' C. Hoerner and.A~$ce ~ee~ner~ huaban~ in~flifrument, end acknoWledged.that the~ . ' lx~uf~ ~me for ~ · ' ,'"~ ~ , '' ' .' ' ' ' % ' . . ~ ' . x .,'~d~. ,/;' : .... . . ' . . ~ · .~ . · . . ,. '4~.~'~'. ~: ' . ..,. . _.~~~~~ ~ :.., ~~.. .... .... - , . . .: . . ':7-;~'~~.~'. ' .' ' ' · ' ' ' '- ' -~?~~r ¢oMMoNv~AtTH OF P~hI~¥LVANIA Count, · :;~-,.. (q,.t:, " Given vqd~ my ha~ a~d the s~l of the ield Offiw, ~ dote above ~ilem. Thirty : and · O0/tO0 ($30°00) . ~, ~,?Y',d ~ ..~,e[~ ~~ . has ~; ~,.~ ,.,, ~_. :... _: ..._ . ..... .:, .shipi Ctu~rla~'Coun~y, Penuiylvanja ~i '' V~nted..tO..::~l~c~ ~--- : ,._ _~ '~rt o/.'i~tract of l~ . and descried, 8s tol~o;~""'~ On.A~ 30, 1TO.. S~ and.. '. ~...~.. ~.. '. . .~.the ~orth b? ~and ~omerLy o~ Jo~ A. F ' " ' . ' ' ' ' ' Eiat:.b~ .'land.o~ ........ · ...... ahnea~ et,aL: R t~ Seueh land · . ? . .5..N~F~ ' on fo~e'rl~ of-Ci'~lia~-~o~ ,oeo ~,.. ~n! on ~ ..~ae ~ led n~ or ' ...... · · ' . .. , 8e~, ~ ~e~, . . : ' ~AzHING 3p Ac~o, ~ o~ Loon, .' ~ ' . """ "EXHIBIT C" Jlmo LaRue Survey Associates Professional Land S~rveyors 441 ~ Road Yo~k Sprin~,Pa~ 173711 Jan, 31, 2003 FAX MESSAGE To: Mike From: Jerry Subject: Hzzfner Survey Mike, I was unable to locate the Hee.~er work file ( will continue to keep looking) but in the work file for Kenneth Roekey I had the Heefner deed ref. whieh gives no metes and bounds description, just on the North by eet. In these instances I always use the adjoining property deserlptions to establish a description for the property I am surveying. I am sure that is what happened in ,.his case but hopefully can find the work file to confirm that. I reduced the survey plat somewhat so it could be fa,xed Jerry LaRuc "EXHIBIT E" E. JANE LING, Plaintiff DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- '~,~ ~/' ~j~ ACTION TO QUIET TITLE AFFIDAVIT REQUIRED BY PA.R.C.P. 430 IN SUPPORT OF PETITION REQUESTING PERMISSION FOR SERVICE BY PUBLICATION Your Affiant is Michael A. Scherer, Esquire, attorney for the plaintiff, E. Jane Ling, in the above-captioned action. In January, 2003, undersigned counsel requested that Niven Baird, paralegal, of 37 South Hanover Street, Carlisle, Pennsylvania complete a title search for the property owned by the plaintiff which is now the subject of the above-captioned action to quiet title. Niven Baird has worked as a subcontractor for your affiant's law office for several years searching title to real estate. Mr. Baird reported that he was not able to establish a clear chain of title required for the customary sixty year search relative to the title search he completed for the real estate which is the subject of the above-captioned action. Mr. Baird's examination of the records in the Office of the Recorder of Deeds in Cumberland County revealed that the Plaintiff, E. Jane Ling acquired sole ownership of the property on November 18, 1997, as set forth in her deed which is recorded in the Office of the Recorder of Deeds in Cumberland County in deed book 167 page 1110. Prior to November 18, 1997, E. Jane Ling had been a co-owner of the above tract of real estate with John M. Thompson. Mr. Baird's search further revealed that John M. Thompson and Robert G. Ling, t/a Glenn Marshall Associates, acquired the above tract of real estate on April 28, 1982 by a general warranty deed from Lowell C. Heefner and Alice Heefner, husband and wife. This deed is recorded in the Office of the Recorder of Deeds of Cumberland County in deed book T29, page 590. Glenn Marshall Associates was a partnership consisting of Robert G. Ling and John M. Thompson. E. Jane Ling was married to Robert G. Ling at the time Glen Marshall Associates acquired the land in question until Robert Ling's death on September 24, 1995. On November 18, 1997, John M. Thompson conveyed his interest in the subject property to E. Jane Ling. Carolyn L. Thompson joined in the deed to convey her marital interest gained through her husband. Lowell C. Heefner took title to the above tract of real estate on June 24, 1968 by a quit-claim deed from Frederick S. Kraiss. This deed is recorded in the Office of the Recorder of Deeds of Cumberland County at deed book V22 page 257. The only reference in the Kraiss deed as to his claim of ownership is that the land was "ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, being a part of the tract of land warranted to Elizabeth McKinney on April 30, 1785, and being bounded and described as follows: On the North by land formerly of John A. Fahnestock et.al; on the East by land of the same and land formerly of S. Mayberry; on the South by land formerly of Moses Eby; and on the West by land now or formerly of Gilliard, Dorsey, and Rockey." Given the uncertainty as to the grantor of the tract in question, Mr. Baird performed a search of the grantor index at the Office of the Recorder of Deeds in Cumberland County, which revealed no entry for a conveyance by Elizabeth McKinney for real estate located in South Middleton Township. .. Undersigned counsel thereafter performed a search of the records in the Office of the Register of Wills in Cumberland County and determined that Elizabeth McKinney's Will was submitted for probate to the Register of Wills of Cumberland County on May 1, 1824. Elizabeth McKinney's Will created a life estate in her daughter, Eleanor Harris, for the property owned by McKinney at her death in South Middleton Township. Elizabeth McKinney's Will devised the real estate owned by McKinney in South Middleton Township to her granddaughters, Dolly Donly and Polly Harris, at the expiration of Eleanor Harris' life estate. Neither Dolly Donly or Polly Harris are listed in the index for the Office of the Register of Wills of Cumberland County as having a Will submitted for probate. Undersigned counsel also searched the index of records of marriages in the Office of the Register of Wills of Cumberland County and neither Dolly Donly or Polly Harris are listed as having been granted a marriage license in Cumberland County. Marriage records, however, only exist in the Office of Register of Wills from 1885 to present. Mr. Baird thereafter searched the records in the Office of the Recorder of Deeds in Cumberland County, and neither Dolly Donly or Polly Harris appear in the grantee index as having received a grant of real estate in Cumberland County. Undersigned counsel noticed that the legal description in the deed received by Glenn Marshall Associates on April 28, 1982, refers to a survey conducted by Jerry D. LaRue, dated July 16, 1980. Undersigned counsel spoke with Jerry D. LaRue, who stated that the survey dated July 16, 1980 was a survey completed by using the legal descriptions in the deeds for the adjoining property owners to establish the description for the tract of real estate in question. Undersigned counsel had hoped that Jerry D. LaRue would have records regarding the chain of title of plaintiff's real estate, but that was not the case. Pa.R.'C.P. 430 is entitled "Service Pursuant to Special Order of Court. Publication" and the notes to that rule suggest what sources to review in order to locate a defendant for service. Those sources include the United States Post Office, relatives, neighbors and employers of the defendant and local telephone directories, voter records, tax records and motor vehicle records. Your affiant believes that none of these sources will assist in locating the defendants, their heirs, executors or assigns. Undersigned counsel believes that he has made a diligent search for the defendants and that further inquiry into their whereabouts or the whereabouts of their next of kin will be futile, and therefore requests that service in this matter be permitted by publication pursuant to applicable state and local rules of .court. DATE: Michael A. Scherer, Esquire mas.dirlarchstreet/scherer, aff E. JANE LING, Plaintiff DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~o~. ¥ : ACTION TO QUIET TITLE PETITION FOR LEAVE TO OBTAIN SERVICE BY PUBLICATION IN THE ABOVE-CAPTIONED ACTION TO QUIET TITLE PURSUANT TO PA.R.C.P. 430 1. The petitioner is Michael A. Scherer, Esquire, attorney for E. Jane Ling, Plaintiff in the above-captioned matter. 2. On February 19, 2003, E. Jane Ling commenced an action to quiet title docketed to the term and number above with the Prothonotary of Cumberland County. 3. The action to quiet title requests that an Order be issued declaring E. Jane Ling the fee simple owner of the following tract of real estate: BEGINNING at an iron pin in the center line of a 120 foot right-of-way of Metropolitan Edison Company and at corner of lands now or formerly of Kenneth E. Rockey and Curtis Myers; thence by the center line of said right-of-way, South 1 degree 5 minutes 33 seconds East, 399.95 feet to an iron pin at the corner of lands of Curtis Myers and land now or formerly of Adin L.S. Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to an iron pin; thence continuing by same, South 24 degrees 40 minutes 19 seconds West, 115.50 feet to an iron pin; thence by same, South 69 degrees 40 minutes 19 seconds West, 122.92 feet to an iron pin at line of lands now or formerly of Charles C. May; thence by May, No. rth 33 degrees 47 minutes 04 seconds West, 92.11 feet to a pipe; thence by same, South 53 degrees 44 minutes West, 1004.58 feet to a pipe in a stone pile at line of lands now or formerly of Lawrence P. Mayland; thence by lands of Mayland and lands now or formerly of Edlu Corporation and lands now or formerly of Edgar E. Dorsey, Sr., North 25 degrees 53 minutes 34 seconds West, 649.22 feet to an iron pin; thence by lands of Dorsey, North 63 degrees 20 minutes 15 seconds East, 334.85 feet to an iron pin in stone pile; thence by lands now or formerly of Kenneth E. Rockey, North 63 degrees 22 minutes 16 seconds East, 710.02 feet to an iron pin in stones; thence by same, North 63 degrees 29 minutes 55 seconds East, 433.83 feet to an iron pin in the Center line of a 120 foot right-of-way of Metropolitan Edison, the place of BEGINNING. CONTAINING 17.598 acres pursuant to survey of Jerry D. LaRue, R.S., dated July 16, 1980. File No. C-129. BEING the same premises which John M. Thompson and E. Jane Ling, surviving spouse of Robert G. Ling, t/a Glenn Marshall Associates, and Carolyn L. Thompson, by deed dated October 21, 1997 and recorded November 18, 1997 in the Cumberland County Recorder of Deeds Office in Deed Book 167 page 1110, granted and conveyed unto E. Jane Ling. 4. The above tract of real estate is vacant and E. Jane Ling and/or her deceased husband, Robert G. Ling have had an ownership interest in the property dating to 1982. 5. The cloud on the chain of title arises from a quitclaim deed dated June 24, 1968 from Frederick S. Kraiss to Lowell C. Heefner, which deed's recital states that the property is "ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, being a part of the tract of land warranted to Elizabeth McKinney on April 30, 1785." 6. The defendants are the grandchildren of Elizabeth McKinney, who specifically devised the real estate in question to the defendants. 7. The defendants are presumed to be deceased. 8. A search of the records in the Register of Wills office in Cumberland County and a search of the records in the Recorder of Deeds office in Cumberland County has revealed no information about the defendants, their heirs, executors or assigns. 9. Undersigned counsel has been unable to ascertain the present whereabouts of either of the above-named defendants, their heirs, executors or assigns after making a diligent search and inquiry. WHEREFORE, the plaintiff respectfully asks leave of court to obtain service of the Complaint in the instant matter upon the defendants by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and Rule 1066-4. Respectfully submitted, O'BRIEN, BARIC & SCHERER I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/archstreet/lingpublication.pet VERIFICATION I verify that the statements made in the foregoing Petition For Leave To Obtain Service By Publication in the Above Action to Quiet Title Pursuant to Pa.R.C:P. 430 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Michael A. Scherer, Esquire DATED: ~-?./~. CZ, E. JANE LING, Plaintiff DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ,7~O_q' ~ · ACTION TO QUIET TITLE ORDER OF COURT ~ ¥ ~lay of February, 2003, upon consideration of the within Petition, it is hereby Ordered that service of this Complaint and other related matters, in this action to quiet title be made upon the Defendants by publication pursuant to Pa.R.C.P. 430 and Cumberland County Rules of Procedure 1009-1, 1066-1, 1066-2, 1066-3 and 1066-4. Said publications shall be in a newspaper of general circulation in' the county and in the Cumberland Law Journal. If no Answer be filed or appearance be made a judgment be default may be taken against the aforesaid Defendants, their heirs, executors or assigns. BY THE COURT, FEB2 0 2100: E. JANE LING, Plaintiff Vo DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,! PENNSYLVANIA NO. 2003- 724 CIVIL ACTION TO QUIET TITLEi PETITION FOR FINAL DECREE OF COURT TO: THE HONORABLE JUDGES OF SAID COURT NOW, this ~ ~ day of April, 2003, comes Michael A. Scherer, Esquire, attorney for the above-named Plaintiff and respectfully represents tha[t an Affidavit has hereto deposing and saying that a complaint in the been executed and is attached i above-captioned Action to Quiet Title, endorsed with Notice to Plead, has been served upon the Defendants, and said Defendants have not answered said c~3mplaint, entered appearance, and/or initiated an action in ejectment although the time to do so has an expired. WHEREFORE, the Plaintiff moves this Honorable court to enter judgment in her favor and against the Defendants and grant the Plaintiff the relief prayed for in her Complaint in accordance with PA. R.C.P. 1066 (a) and (b) (1). Respectfully submitted, O'BRIEN, BARI(; & SCHERER Mich~el~A.'Scher~r, ESquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249.-6873 E. JANE LING, Plaintiff Vo DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 724 CIVIL · ACTION TO QUIET TITLE AFFIDAVIT NOW, comes Michael A. Scherer, Esquire, affiant, who, being iduly deposed, does state the following: 1. In accordance with Order of Court dated February 24, 2003, I did cause to be placed for publication a Notice as to the above captioned action. 2. Attached hereto and incorporated as Exhibits 1 and 2, respectively, are Proofs of Publication from the Cumberland Law Journal and the CarliSle Evening Sentinel along with the Notices as published. 3. Thirty (30) days has elapsed since publication of the Notices in the Cumberland Law Journal and the Carlisle Evening Sentinel. 4. No responsive pleading has been filed by any party to the complaint, no appearances have been entered and no action in ejectment has been initiated against Plaintiff. 5. Diligent search has been made to obtain addresses or whereabouts of all individuals named as Defendants including internet searches and review of public records and telephone indices and no named Defendants have been lecated. Further Affiant sayeth not. Micha~A. Sc-he~'~r~ Esquire PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 17I STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND: SS. Lisa Made Coyne, Esquire, Editor of the Cumberland Law Journa State aforesaid, being duly sworn, according to law, deposes ,and says that Journal, a legal periodical published in the Borough of Carlisle in the Coun was established January 2, 1952, and designated by the local courts as the o periodical for the publication of all legal notices, and has, since January 2, issued weekly in the said County, and that the printed notice or publication exactly the same as was printed in the regular editions and issues of the sai, Journal on the following dates, Viz March 7, 2003 Affiant further deposes that he is authorized to verify this statement Law Journal, a legal periodical of general circulation, and that he is not inte matter of the aforesaid notice or adveatiscment, and that all allegations in ~ statements as to time, place and character of publication are , of the County and te Cumberland Law y and State aforesaid, .'ficial legal 952, been regularly ~ttached hereto is Cumberland Law ~y the Cumberland 'ested in the subject foregoing ~//~i~a Ma~i~ Coyne, ~di :~r SWORN TO AND SUBSCRI] lED before me this 7 day of MARCH !003 EXHIBIT CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2003-724 Civil E. JANE LING, Plaintiff V. DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns, Defendants ACTION TO QUIET TITLE TO DOLLY DONLY AND POLLY HAR- RIS, THEIR HEIRS, EXECUTORS AND ASSIGNS: You are notified that an Order has been entered to No. 2003-724 Civil Term In the Court of Common Pleas of Culnberland County, Pennsylva~ nia on February 24, 2003, directing that you have thirty {30) days after this publication to file an Action in EJectment or other claim or be for- ever barred from asserting any right, lien, title or Interest inconsistent with the Interest or claim set forth in the plaintiffs complaint to the land here described: BEGINNING at an iron pin in the center line of a 120 foot right-of-way of Metropolitan Edison Company and at comer of lands now or formerly of Kenneth E. Rockey and Curtis My- ers; thence by the center line of said right-of-way, South I degree 5 min- utes 33 seconds East, 399.95 feet to an iron pin at the corner of lands of Curtis Myers and land now or formerly of Adln L.S. Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to an iron pin; thence continu- ing by same. South 24 degrees 40 mInutes 19 seconds West, 115 50 feet to an iron [bin: thence by sa~ ~e, South 69 degrees 40 minutes i9 seconds West, 122.92 feet to an h )n pin at line of lands now or forme 'ly of Charles C. May;, thence by M y, North 33 degrees 47 minutes ~)4 seconds West, 92.11 feet to a pibe; thence by same, South 53 degr~s 44 minutes West, 1004.58 feet t~a pipe in a stone pile at line of landis now or formerly of Lawrence P. Ma~'- land; thence by lands of MaylaJ~d and lands now or formerly of Ed lu Corporation and{ lands now or fo merly of Edgar E. Dorsey, Sr., No~ h 25 degrees 53 nminutes 34 secon is West, 649.22 feet to an iron pi m; thence by land,,s of Dorsey, Nor h 63 degrees 20 u~lnutes 15 secon is East, 334.85 feet to an iron pin n stone pile; thence by lands now ~r formerly of Kenneth E. Rocke r, North 63 degrees 22 minutes i 6 seconds East, 710.02 feet to an ir4 n pin in stones; thence by same, Nor h 63 degrees 29 minutes 55 secon, s East, 433.83 feet to an iron pin n the Center line of a 120 foot rigk of-way of Metropolitan Edison, tl place of BEGINNING. CONTAINING 17.598 acres pU~ suant to survey of Jeny D. LaRui R.S., dated July 16, 1980. File N C-129. BEING the stone premises whit John M. Thompson and E. Jane Lin surviving spouse of Robert G. Li~ t/a Glenn Marshall Associates, m Carolyn L. Thom[4son, by deed date October 21, 1997 and recorded N~ vember 18, 1997 ha the Cumberlani County Recorder of Deeds Office i~ Deed Book 167 page 1110, grantei and conveyed unto E. Jane Ling. MICHAEL A. :~CHERER, ESQUIRE Attorney for the Plaintiff 3 State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Lori Saylor, Classified Advertising Manager of' of the County and State aforeeaid, being duly sworn, deposes and says that general circulation in the Borough of Carlisle, County and State aforesaid, was 1881, since which date THE SENTINEL has been regularly Issued in said Count or publication attached hereto is exactly the same as was printed and publishet issues of THE SENTINEL On the following dates, viz Copy of Notice of Publication E. JANE~ -;..' .~.::: 'DOLLY t: : .', .;; You am notified .... ~'~::; March that ;r ,of the afo indl that all all, lent as to time true. 'HE SENTINEL, E SENTINEL, a newspaper of ~stablished December 13th, ', and that the printed notice I in the regular editions and is not interested in aid notice or ations in the place and character March 5, ! to survey ~)f Jerry D. LaRuel R.S., daled July 16, d befo~ me this March , Ll110 grant-' "' ~ ' :'?', . expires: Ling NOTARIAL SEAL SHIRLEY O. DURNIN, Notary Public Carlisle Bom., Cuml~rtand County My Commission Ex~.re._s.A_Ug:__9_~2!.~. 3 .... EXHIBIT 5th Notary Public E. JANE LING, Plaintiff DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT' OF COMM( CUMBERLAND COUNTY, F NO. 2003- 724 CIVIL ACTION TO QUIET TITLE AFFIDAVIT NOW, comes Michael A. Scherer, Esquire, affiant, ~vho, being d~ does state the following: 1. In accordance with Order of Court dated February 24, 20~ be placed for publication a Notice as to the above captioned action. 2. Attached hereto and incorporated as Exhibits I and 2, re., Proofs of Publication from the Cumberland Law Journal and the Carlisl Sentinel along with the Notices as published. 3. Thirty (30) days has elapsed since publication of the Noti, Cumberland Law Journal and the Carlisle Evening Sentinel. 4. No responsive pleading has been filed by any party to the appearances have been entered and no action in ejectme~nt has been Plaintiff. 5. Diligent search has been made to obtain addresses or w individuals named as Defendants including internet searches and reviE records and telephone indices and no named Defendants have been I( ~N PLEAS OF ENNSYLVANIA ~ly deposed, ~3, I did cause to ~ectively, are Evening ~s in the complaint, no litiated against ereabouts of all ~v of public cated. Further Affiant sayeth not. Micha~ A. ~;c-he~r, Esc~ lire PROOF OF PUBLICATION OF' NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 171 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND: SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joum~ State aforesaid, being duly sworn, according to law, deposes and says that fl Journal, a legal periodical published in the Borough of Carlisle in the Couni was established January 2, 1952, and designated by the local courts as the oi .periodical for the publication of all legal notices, and has, since January 2, 1! ~ssued weekly in the said County, and that the printed notice or publication exactly the same as was printed in the regular editions and issues of the salt Journal on the following dates, Viz March 7, 2003 Affiant further deposes that he is authorized to verify this statement' Law Journal, a legal periodical of general circulation, and that: he is not inte~ matter of the aforesaid notice or advertisement, and that all allegations in th~ statements as to time, place and character of publication are 7 day of MARCH , of the County and te Cumberland Law y and State aforesaid, Yicial legal [152, been regularly tttached hereto is Cumberland Law ,y the Cumberland :sted in the subject foregoing ED before me this )03 EXHIBIT CUMBERLAND LAW JOURNAl, NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2003-724 Civil E. JANE LING, PlainUff V. DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns, Defendants ACTION TO QUIET TITLE TO DOLLY DONLY AND POLLY HAR- RIS, THEIR HEIRS, EXECUTORS AND ASSIGNS: You are notified that an Order has been entered to No. 2003-724 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylva- nia on February 24, 2003, directing that you have thirty (30) days after this publication to file an Action in Ejectment or other claim or be for- ever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in the plaintiffs complaint to the land here described: BEGINNING at an iron pin in the center line of a 120 foot right-of-way of Metropolitan Edison Company and at comer of lands now or formerly of Kenneth E. Rockey and Curtis My- ers; thence by the center line of said right-of-way, South I degree 5 min- utes 33 seconds East, 399.95 feet to an iron pin at the comer of lands of Curtis Myers and land now or formerly of Adin L.S. Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to an iron pin; thence continu- ing by same, South 24 degrees 40 minutes 19 seconds West, 115.5 feet to an iron pin; thence by sami South 69 degrees 40 minutes [ seconds West, 122.92 feet to an ir ~ pin at line of lands now or former! of Charles C. May: thence by Mai, North 33 degrees 47 minutes G~ seconds West, 92.11 feet to a pipi ~'; thence by same, South 53 degre~ s 44 minutes West., 1004.58 feet to a pipe in a stone pile at line of land s now or formerly of Lawrence P. Mai '- land; thence by lands of Mayla~ d and lands now or formerly of Edj u Corporation and lands now or fol merly of Edgar E. Dorsey, Sr., Nor h 25 degrees 53 rrdnutes 34 secon~ s West, 649.22 feet to an iron pi L; thence by land,~ of Dorsey, Norl h 63 degrees 20 minutes 15 secon~ s East, 334.85 feet to an iron pin n stone pile; thence by lands now ,r formerly of Kenneth E. Rocke, North 63 degre~.-s 22 minutes i ~ seconds East, 710.02 feet to an In n pin in stones; thence by same, Nor h 63 degrees 29 minutes 55 secon, s East, 433.83 feet to an iron pin n the Center line of a 120 foot rig~ :- of-way of Metropolitan Edison, tl e place of BEGINNING. CONTAINING 17.598 acres ptn'- suant to survey of Jerry D. LaRt~ R.S., dated July 16, 1980. File N! C-129. BEING the same premises whi~ John M. Thompson and E. Jane Li~ surviving spouse of Robert G. Li~ t/a Glenn Marshall Associates, m Carolyn L. Thompson, by deed dar! d October 21, 1997 and recorded N ~- vember 18, 1997 in the Cumberlai d County Recorder of Deeds Office n Deed Book 167 page 1110, grant, d and conveyed unto E. Jane Ling. MICHAEL A. SCHERER, ESQUIRE Attorney for the Plaintiff PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of Tr of the County and State aforesaid, being duly sworn, deposes and says that THE general circulation in the Borough of Carlisle, County and State aforesaid, was e., 1881, since which date THE SENTINEL has been regularly issued in said County, or publication attached hereto is exactly the same as was printed and published issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication E. JANE LING, N~OTICE - ' ~ : IN THE COURT OF COMMON PLEAS OF Plainiiff ...... : CUMBERLAND COUNTY, PENNSYLVANIA '** ~ · NO:200~724C,Vi£ March 4, 20 DOLLY' DONLY AND POLL~ HARRIS; ACTION ~O QUIET TITLE their heirs, executors and ass/gns D. tendan. ...... ~.:.:...~.~.; , . . ~poses that he s not interested in TO DOLLY DONLyAND POLLY HARRIs THEIRH " ' · '" : ," ' · ASSIGNS: , ' ..... ~, , IEIRS, EXECUTORS AND .r of the afores lid notice or . ~tera~tlncon~iste~With;..:,:,~.fo__r~_~erb .a~. fromasseNingaJi~,~ht;~,~l~..n lent as to t~me, 31ace and character me land here described .... t forth in the plaJntl~ ~ BEGINNIN-Gatadir°nplnlnthecente~lineof'a':120foot '-'::-~- -'~L.2'~,.= etrue ? ..~._ .Core,ny and at comer of ~.~,% ....... ~gh.t.-of-~ay ~i'Metromman ' ,_menc.e bY...same, ~out~ 69 degraes ~0 min~s- 1~?~_~ ~.~..~. fa. et to an l~pin; · ~ron pin at line of land8 now o~ fo-',~,~.-~,-,,.- m~.-u,~s, west, 122.92 leer't6 an ~?es '~ minume west 1004'58 f-e~ lo a ..... P_q~_ .;_ me .n~e. I).y_~ame, SOuth ivlarcn or ~orme Edl ' -::~ .... ,"'"~-"~um;w~encel3ymndsofMa lan' of. ..... - dy u Corporation and la ..... Y d and lands now ,,_o~ 2.5_~e,rses 53 minutes 3~.co~,~'[.°; ~?-~ of.E. rlgar. E. Dorso~, Sr., ~anos o1' I~orsey, North*63 d~=,.,mes 20 ~t[.~-,~ ,="'~_~_.~_r .eetto an iron pin; thence b! ......ir°n P~n in st°ne pile; th~"~-~':: ' '~' "~' '""US nOW or form· "'u~u=, a .m~_us ~-ast, 334 95 f eet toa n 63 rlegrses 22 minutes 16 second any of Kenneth E. Rocke , Noi · ' inthbY Same, N°rth 63 de"rses 29--~'~E-a-st':'71-0-'02 f'eet-t°anlr°n pin in st°ne;Y;th' ........ -, o=.~o,~ e="h bscrlbed before me thru __5th e Center line of a 120 foot ri ht-of-w s east, 433.83 feet to an iron in BEGINNING. g ay of Metropolitan Erlison, theplace of p March , 003. CONTAINING 17'598acrsspursuantt0survey0fJerryD LaRue R S dated July 16~L-'~ - ~.~ 1980. File No. C-129 .... ,. , BEING the same premises which John M. Thom so .spo.useofRobertG. Linn t/aGla ~4 _P_~ na. ndE. JaneUng, survivin ey ooed rlaterl October ~'~ · ~-,~ -nn- ~Me~rsha# A..?clams, and Cam n L g . . " . · . :1~ est South Street ~ - : ~7' ' ennsylv la 17013. .. ~/] )249-6873 · : .. * . . expares: '. '~' . '" "A~tomey for the Plaintiff E. Jane Ling E SENTINEL, SENTINEL, a newspaper of tablished December 13th, and that the printed notice the regular editions and NOTARIAL SEAL SHIRLEY O. DURNIN, Notary Pui~lic Carlisle Bom., Cumberland County I I~/Commission Expires A_ug.:_~,_2.~. 3_..! EXHIBIT E. JANE LING, Plaintiff Vo DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 724 CIVIL · ACTION TO QUIET TITLE DECREE OF COURT NOW, this I/"' day of /¢z,o ,-~ '[ ,2003, an affidavit of service of the complaint with notice to plead, being attached hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Petition and upon motion of Michael A. Scherer, Esquire, Attorney for Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff. Said tract of land is described as follows: BEGINNING at an iron pin in the center line of a 120 foot right-of-way of Metropolitan Edison Company and at corner of lands now or formerly of Kenneth E. Rockey and Curtis Myers; thence by the center line of said right-of-way, South 1 degree 5 minutes 33 seconds East, 399.95 feet to an iron pin at the corner of lands of Curtis Myers and land now or formerly ofAdin L.S. Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to an iron pin; thence continuing by same, South 24 degrees 40 minutes 19 seconds West, 115.50 feet to an iron pin; thence by same, South 69 degrees 40 minutes 19 seconds West, 122.92 feet to an iron pin at line of lands now or formerly of Charles C. May; thence by May, North 33 degrees 47 minutes 04 seconds West, 92.11 feet to a pipe; thence by same, South 53 degrees 44 minutes West, 1004.58 feet to a pipe in a stone pile at line of lands now or formerly of Lawrence P. Mayland; thence by lands of Mayland and lands now or formerly of Edlu Corporation and lands now or formerly of Edgar E. Dorsey, Sr., North 25 degrees 53 minutes 34 seconds West, 649.22 feet to an iron pin; thence by lands of Dorsey, North 63 degrees 20 minutes 15 seconds East, 334.85 feet to an iron pin in stone pile; thence by lands now or formerly of Kenneth E. Rockey, North 63 degrees 22 minutes 16 seconds East, 710.02 feet to an iron pin in stones; thence by same, North 63 degrees 29 minutes 55 seconds East, 433.83 feet to an iron pin in the Center line of a 120 foot right-of-way of Metropolitan Edison, the place of BEGINNING. CONTAINING 17.598 acres pursuant to survey of Jerry D. LaRue, R.S., dated July 16, 1980. File No. C-129. BEING the same premises which John M. Thompson and E. Jane Ling, surviving spouse of Robert G. Ling, t/a Glenn Marshall Associates, and Carolyn L. Thompson, by deed dated October 21, 1997 and recorded November 18, 1997 in the Cumberland County Recorder of Deeds Office in Deed Book 167 page 1110, granted and conveyed unto E. Jane Ling. It is further ORDERED AND DECREED that the Defendants and each of them be forever barred from asserting any right, lien, title or interest in or to the herein described parcel of land inconsistent with the interest and claim of the Plaintiff's title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same, or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty (30) days. BY THE COURT, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND: SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Ctm~berland Law $oumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established lanuary 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 7, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are SWORN TO AND SUBSCRIBED before me this 7 day of_ MARCH 2003 EXHIBIT LAW ~oLrt~M~ NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2003-724 Civil E. JANE LING, Plaint~ ¥o DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns, Defendants ACTION TO QUIET TITLE TO DOLLY DONLy AND POLLY HAR- AND ASSIGNS: You are not/fled that an Order has been entered to No. 2003-724 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylva~ nia on February 24, 2003, directing that you have thirty (30) days after this publication to file an Action in EJectraent or other claim or be for- ever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in the plaintflTs complaint to the land here described: BEGINNING at an iron pin in the center line of a 120 foot right-of-way of Metropolitan Edison Company and at corner of lands now or formerly of Kenneth E. Rockey and Curtis My- ers; thence by the center line of said right-of-way, South 1 degree 5 min- utes 33 seconds East, 399.95 feet to an iron pin at the corner of lands of Curtis Myers and land now or formerly of Adln L.S. Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to an iron pin; thence continu- ing by same, ,South 24 degrees 40 3 minutes 19 seconds West, 115.50 feet to an iron pin; thence by same, South 69 degrees 40 minutes 19 seconds West, 122.92 feet to an iron pin at line of lands now or formerly of Charles C. Max thence by May, North 33 degrees 47 minutes 04 seconds West, 92.11 feet to a pipe; thence by ~me, South 53 degrees 44 minutes West, 1004.58 feet to a pipe in a stone pile at line of lands now or formerly of Lawrence p. May- land; thence by lands of Mayland .and lands now or formerly of Edlu Corporation and lands now or for- merly of Edgar E. Dorsey, Sr., North 25 degrees 53 minutes 34 seconds West, 649.22 feet to an iron pin; thence by lands of Dorsey, North 63 degrees 20 minutes 15 seconds East, 334.85 feet to an iron pin in stone pile; thence by lands now or formerly of Kenneth E. Rockey, North 63 degrees 22 minutes 16 seconds East, 710.02 feet to an iron Pin in stones: thence by same, North 63 degrees 29 minutes 55 seconds East, 433.83 feet to an iron pin in the Center line of a 120 foot right- of-way of Metropolitan Edison, the place of BEGINNING. CONTAINING 17,598 acres pur- suant to survey of Jerry D. LaRue, R.S., dated July 16, 1980. File No. C-129. BEING the same premises which John M. Thompson and E. Jane Ling. surviving spouse of Robert G. Ling, t/a Glenn Marshall Associates, and Carolyn L. Thompson, by deed dated October 21, 1997 and recorded No- vember 18, 1997 in the Cumberland County Recorder of Deeds Office in Deed Book 167 page 1110, granted and conveyed unto E. Jane Ling. MICHAEL A. SCHERER, ESQUIRE Attorney for the Plaintiff State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Lori Saylor, Classified Advertising Manager of the County and State aforesaid, beln- d L _ . of THE general circulation ~- o,.- ,. . 9 up/sworn, ~lenos .... ., _ .. - SENTINEL, -, ,m =orough of Carl ,- -o -.u says that THE S . ~,-u,,~;a[mn attached heres..., ......... -~. ,~-gmarly Issued in sai _ . .Fa uecember 13th, ~ssues of THE SE~INEL on the following dates, viz ns and Copy of Notice of Publication that he is not interested in of the aforesaid notice or nd that all allegations in the lent as to time, place and character true. March 5, 2003 survey of Jerry D. LaRue~ R.S., dated July 16. Ibscribed before me this _ March 2003. 5th " expires: l"NOTARIAL SEAL S..HIR,,LEY O. DURNIN, Notary Public uanisle Bom., Cumberland County / My Commission Expires A_u.g:_~,2._O~. 3....I EXHIBIT Notary Public E. JANE LING, Plaintiff DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 724 CIVIL : ACTION TO QUIET TITLE PRAECIPE FOR FINAL JUDGMENT TO THE PROTHONOTARY: Pursuant to the Decree Of Court of April 11, 2003, please enter final judgment in favor of the Plaintiff and against the Defendants. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mic IA. Scherer, Esquire Date: -~/~' ~'~ I.D. #61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 E. JANE LING, Plaintiff Vo DOLLY DONLY and POLLY HARRIS, their heirs, executors and assigns Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 724 CIVIL · ACTION TO QUIET TITLE DECREE OF COURT NOW, this i I '{'~ day of _~:2~ .,~&:~... , 2003, an affidavit of service of the complaint with notice to plead, being attached hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Petition and upon motion of Michael A. Scherer, Esquire, Attorney for Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff. Said tract of land is described as follows: BEGINNING at an iron pin in the center line of a 120 foot right-of-way of Metropolitan Edison Company and at corner of lands now or formerly of Kenneth E. Rockey and Curtis Myers; thence by the center line of said right-of-way, South 1 degree 5 minutes 33 seconds East, 399.95 feet to an iron pin at the corner of lands of Curtis Myers and land now or formerly ofAdin L.S. Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to an iron pin; thence continuing by same, South 24 degrees 40 minutes 19 seconds West, 115.50 feet to an iron pin; thence by same, South 69 degrees 40 minutes 19 seconds West, 122.92 feet to an iron pin at line of lands now or formerly of Charles C. May; thence by May, North 33 degrees 47 minutes 04 seconds West, 92.11 feet to a pipe; thence by same, South 53 degrees 44 minutes West, 1004.58 feet to a pipe in a stone pile at line of lands now or formerly of Lawrence P. Mayland; thence by lands of Mayland and lands now or formerly of Edlu Corporation and lands now or formerly of Edgar E. Dorsey, Sr., North 25 degrees 53 minutes 34 seconds West, 649.22 feet to an iron pin; thence by lands of Dorsey, North 63 degrees 20 minutes 15 seconds East, 334.85 feet to an iron pin in stone pile; thence by lands now or formerly of Kenneth E. Rockey, North 63 degrees 22 minutes 16 seconds East, 710.02 feet to an iron pin in stones; thence by same, North 63 degrees 29 minutes 55 seconds East, 433.83 feet to an iron pin in the Center line of a 120 foot right-of-way of Metropolitan Edison, the place of BEGINNING. CONTAINING 17.598 acres pursuant to survey of Jerry D. LaRue, R.S., dated July 16, 1980. File No. C-129. BEING the same premises which John M. Thompson and E. Jane Ling, surviving spouse of Robert G. Ling, t/a Glenn Marshall Associates, and Carolyn L. Thompson, by deed dated October 21, 1997 and rec(~rded November 18, 1997 in the Cumberland County Recorder of Deeds Office in Deed Book 167 page 1110, granted and conveyed unto E. Jane Ling. It is further ORDERED AND DECREED that the Defendants and each of them be forever barred from asserting any right, lien, title or interest in or to the herein described parcel of land inconsistent with the interest and claim of the Plaintiff's title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same, or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty (30) days. BY THE COURT, TRUE COPY FROM RECORD 'In ~e~t~mo.-.,/whereof, I here unto set my hand I,.~./ _ and! the seat o[ said Court at,Carlisle, Pa. E. JANE LING, Plaintiff Vo DOLLY DONLYand POLLY HARRIS, · their heirs, executors and assigns · Defendants . · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 724 CIVIL ACTION TO QUIET TITLE AFFIDAVIT NOW, comes Michael A. Scherer, Esquire, affiant, who, being duly deposed, does state the following: 1. In accordance with Order of Court dated February 24, 2003, I did cause to be placed for publication a Notice as to the above captioned action. 2. Attached hereto and incorporated as Exhibits 1 and 2, respectively, are Proofs of Publication from the Cumberland Law Journal and the Carlisle Evening Sentinel along with the Notices as published. 3. Thirty (30) days has elapsed since publication of the Notices in the Cumberland Law Journal and the Carlisle Evening Sentinel. 4. No responsive pleading has been filed by any party to the complaint, no appearances have been entered and no action in ejectment has been initiated against Plaintiff. 5. Diligent search has been made to obtain addresses or whereabouts of all individuals named as Defendants including internet searches and review of public records and telephone indices and no named Defendants have been located. Further Affiant sayeth not. Mi~ha~J'A. Sc~e;'~'~squire - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND: SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 7, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are 7 day of MARCH 2003 EXHIBIT CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County. Pennsylvania No. 2003-724 Civil E. JANE LING. Plmnttff v. DOLLY DONLY and POLLY HARRIS. their heirs. executors and assigns, Defendants ACTION TO QUIET TITLE TO DOLLY DONLY AND POLLY HAR- RIS, THEIR HEIRS, EXECUTORS AND ASSIGNS: You are notified that an Order has been entered to No. 2003-724 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylva: nia on February 24, 2003, directing that you have thirty {30) days a/l:er this publication to file an Action in EJectment or other claim or be for- ever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in the plaintiff's complaint to the land here described: BEGINNING at an iron pin in the center line of a 120 foot fight-of-way of Metropolitan Edison Company and at comer of lands now or formerly of Kenneth E. Rockey and Curtis My- ers; thence by the center line of said right-of-way, South 1 degree 5 min- utes 33 seconds East, 399.95 feet to an iron pin at the comer of lands of Curtis Myers and land now or formerly of Adin L.S, Otto, Jr.; thence by Otto, South 15 degrees 10 minutes 19 seconds West, 188.98 feet to an iron pin; thence continu- ing by same, South 24 degrees 40 minutes 19 seconds West, 115.50 feet to an Iron pin: thence by same. South 69 degrees 40 minutes 19 seconds West, 122.92 feet to an iron pin at line of lands now or formerly of Charles C. May;, thence by May, North 33 degrees 47 minutes 04 seconds West, 92.11 feet to a pipe; thence by same, South 53 degrees 44 minutes West, 1004.58 feet to a pipe in a stone pile at line of lands now or formerly of Lawrence p. May- land; thence by lands of Mayland and lands now or formerly of Edlu Corporation and lands now or for- merly of Edgar E. Dorsey, Sr., North 25 degrees 53 minutes 34 seconds West. 649.22 feet to an iron pin; thence by lands of Dorsey, North 63 degrees 20 minutes 15 seconds East, 334.85 feet to an iron pin in stone pile; thence by lands now or formerly of Kenneth E. Rockey. North 63 degrees 22 minutes 16 seconds East, 710.02 feet to an iron pin in stones; thence by same. North 63 degrees 29 minutes 55 seconds East, 433.83 feet to an h-on pin in the Center line of a 120 foot fight- of-way of Metropolitan Edison. the place of BEGINNING. CONTAINING 17.598 acres pur- suant to survey of Jerry D. LaRue, R.S., dated July 16, 1980. File No. C-129. BEING the same premises which John M. Thompson and E. Jane Ling, surviving spouse of Robert G. Ling. t/a Glenn Marshall Associates, and Carolyn L. Thompson, by deed dated October 21. 1997 and recorded No- vember 18, 1997 tn the Cumberland County Recorder of Deeds Office in Deed Book 167 page 1110, granted and conveyed unto E. Jane Ling. MICHAEL A. SCHERER, ESQUIRE Attorney for the Plaintiff 3 State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Lori Saylor, Classified Advertising Manager -' .of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes 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 i~otice 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 Publication ":' VL;'O 2OO3 that he is not interested in of the aforesaid notice or nd that all allegations in the tent as to time, place and character true. March 5, 2003 1980 BEING ed and bscribed before me this March 2003. 5th !!!~o.. o,,,~:' Notary Public .~ ~'~: .~. ..: .... '-,? . expires: NOTARIAL SEAL S..H/R.,LEY O. DURNIN, Notary Public uanisle Bom., Cumberland County !~/Commission Expires A_u.g:_9 2_~3....~ EXHIBIT ~