The URL can be used to link to this page

Home My WebLink About00-05696 ,~..... , -~'-',-~'-~r,'~,..'O."",,~;,~ ",~-,o" '--",_"___,_ ," "-.',:_ -'--"";'~_k..,-.,j'~_-""__>;"'!;:-- ~"""I<<ii Johnson, Dnffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiffs THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW V. JUAN A. ORTIZ, Defendant PRAECIPE TO THE PROTHONOTARY: Kindly enter final judgment in the above captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER BY:~ /j.~ eirsten W. Davidson : 140340-4 January 23, 2001, Final Judgment is hereby entered in favor of the Plaintiffs and against Defendant Pursuant to PA RCP Rule NO. 66 & Local Ie 1066.4. "c- < .. ~ ''" ~1II9i_Jiti~ ~~"'" ti;bidlll , . ~~, < ",'" . .. t. ..j,<. Jfl,gjMi!i.' ~ .. J - C-IOiIIiIliIi~.Li nl!: ..::' ~ ~ '- & ~ (") 0 c \ c -':n 5: <.- -"~ I ~ ~w, ,,,,, r"~1;~ ~ Z ~ Z:n N :'ig "- ~ zr;;: c.v ._.L. 00 "'~~_ ~it;., "- ~Q -0 ~(") -'-'-'11 ~ :x 00 '\\ :;;:0 ~ 15m ~ :.n ~ .;:- -< c~ _ - ~ , , I ~ f l' i: I ~ t' " " "-, ' ,-, ~ ~'. '",,' '" - ~",,,;,-,;o:,,,,, -,_ -_._;'0 ~'; , , .........I~,-~ -,-~_.,~ Johnson, Duffie, Stewart & Weidner By: Keirstcn W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2000- $109f,.. CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 L", ,;'- -, -~. "". '~1,,~.,-,-, ~ ",,:O~." -.-,~,-,~ \.;.' '~U.,~,:,~;:'J'-" --,'" ,<, "'-~""-&'-r'~ . 'Ii! 'Ai Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 5~ 9~ CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant COMPLAINT TO QUIET TITLE Plaintiffs, Thomas W. Shumaker, Sr., Sherry L. Shumaker, and Emily Distefano, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, hereby bring this action to quiet title against Defendant, Juan A. Ortiz, and allege as follows: 1. Plaintiffs Thomas W. Shumaker, Sr. and Sherry L. Shumaker, currently reside at 50 Appalachian Drive, Carlisle, Pennsylvania 17013. 2. 17011. Plaintiff, Emily Distefano, currently resides at 3812 Lamp Post Lane, Camp Hill, Pennsylvania 3. Defendant, Juan A. Ortiz's last known mailing address was 854 Melissa Court, Enola, Cumberland County, Pennsylvania, however Defendant's current address is unknown. 4. Plaintiff's are in actual possession of the following real estate situate in Cumberland County, Pennsylvania, and more fully described as follows: " - ~"-.. ~ ".~ ^ -",- <,..,..., - . -,'k_- ..'..wi ,"'""'," ",. "0" ;.. "C" ,-=,~',,, "-.-", ,;, '- .. ,-~ ~ . - '- -. ' It ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, State of Pennsylvania, and the dwelling thereon erected, known as No. 504 Market Street, more particularly bounded and described as follows: 504 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 BEING the western 20 feet of Lot No. 104, said Plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 1, Pages 11 and 12. Said piece of land being bounded on the North by the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Harrisburg, Carlisle and Chambersburg Tumpike Road (or Market Street) and extending back the same width 150 feet to a 20 foot alley; and being improved with the eastern half of a double two and one-half story brick dwelling house and outbuilding. 5. On or about June 26, 1996, Plaintiffs entered an Agreement of Sale with the Defendant and Ms. Bonnie J. Morgan for the sale of the above described property, which Agreement is attached hereto and marKed as Exhibit "A." 6. Paragraph 26 of the parties' Agreement of Sale dated June 26, 1996, provides as follows, "In the event of default by the Buyer (Defendant) and the payment of any sum of principal or interest herein agreed to be paid after the same shall become due and payable by the terms hereof, or in case of the breach of any other terms of this Agreement, after notice of default has been given as provided for above, and if the default has not been cured within the thirty (30) days provided for above, the Seller shall have the option to retain all monies theretofore paid to Seller by Buyer as liquidated damages and to terminate this Agreement with the Buyer thereafter having no interest whatsoever in this Agreement, and the premises herein described shall be the property of the Seller and Buyer shall pay to Seller upon demand by Seller, the reasonable cost of placing the premises in the same condition as they are at the time hereof except for ordinary wear and tear with the right of possession to immediately vest in Seller." 7. Defendant and Ms. Morgan made regular payments under the terms of the parties' Agreement until early 1999 when such payments ceased. 8. Defendant and Ms. Morgan are in default of the Agreement of Sale. .'.~ ^ __' -.', _i . -, ,',-,",' ,';"-_""",,, -""'"", ,,,-,,,,,,,;;.~,,,." -'''-- ,-,' "_'~ - '."", ,- ;'.' ""';- ' i'_ ;,,',,:,j,~_, '"" -. '_",,"_ ~, ".' Wi 9. On February 21, 2000, Plaintiffs notified Defendant and Ms. Morgan via certified and regular mail, that their obligations under the June 26, 1996 Sales Agreement were in default and that Plaintiffs intended to terminate the Agreement of Sale. 10. On or about March 16, 2000, Ms. Morgan executed a Quit Claim Deed waiving all of her interest in the above described property and transferring all her interest in such property back to Plaintiffs. 11. Defendant is currently facing criminal charges in Cumberland County, and according to the Police has skipped bail and failed to appear in any court proceedings. Plaintiffs are therefore unable to locate the Defendant and obtain his written release so as to have clear title to the above described property. 12. Defendant may claim and assert an interest or interests adverse to the Plaintiffs, however these claims are without any right whatsoever, and the Defendant has no estate, right, title, or interest whatsoever in the above referenced property or any part thereof. WHEREFORE, Plaintiffs request that this Court enter a final judgment terminating the Agreement of Sale dated June 26, 1996, and further request that this Court order Defendant to bring an action in ejectment within 30 days from the entry of the Order pursuant to Pa.R.C.P. 1066(b)(1), or be forever barred from asserting any right, claim, lien, title, or interest to said parcel, inconsistent with the interest of Plaintiffs. JOHNSON, DUFFIE, STEWART & WEIDNER By:~IJv~ Keirsten W. Davidson :135676 ,- -,- .,'~-- '-. '< -22'" ~ ,. ",,~ '- '''; "'-_;.iO'~'"';f.",~1~:j.,;~"j "Jill; .+'-,,-,.,- _~c,:.!j; VERIFICA nON I, Emily Distefano, verify that the statements made in the foregoing Complaint to Quiet Title are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 1 B Pa.C.S. !;4904 relating to unsworn falsification to authorities. Dated: f-;/- ;<tJtJo ", ". '--i. "' ~ ~ ~1IiIiuIl"-" " ~ -~~--- r</'~"v' 1(-'\,', \\..oJ\. \","_i) -..... -" '-~~. I..! , , 1 ~.-.- " \\ /"7 \"; 'I r. u ...\..~,",\"rth..lil.\6_U (?r'l /6.i,/l/'ri... AGREEMENT 'U THIS AGREEMENi',made this ~ day of 9--~ , 1996, by and between THOMAS W. SHUMAKER, SR. and SHERRY L. SHUMAKER, husband and wife, and EMILY DISTEFANO, party of the first part, hereinafter called "Seller", and JUAN A. ORTIZ and BONNIE J. MORGAN, party of the second pa~t, hereinafter called UBuyerU, WIT N E SSE T H; The parties hereto, intending to be legally bound, hereby promise, declare and agree as follows: 1. Seller agrees to sell and convey to Buyer and Buyer agrees to purchase all of the real estate set forth and described on Exhibit "A" known as 504 Market St., Lemoyne, PA 17043, Cumberland County, Pennsylvania, for the purchase price of Seventy-nine Thousand Nine Hundred and NO/lOO ($79,900.00) Dollars to be paid as follows: d. The said Seventy-nine Thousand Nine aundred and NO/lOO ($79,900.00) Dollars shall be paid twenty (20) years from the date hereof and in the interim payments on account of principal, together with inter9st on the unpaid principal balance at the rate of nine (9%) percent per annum shall be paid in monthly installments Ji Seven Hundred Eighteen and 88/100 ($718.18) Dollars, with the first payment being due on the first day of August, 1996, and continuing on the same day of each month thereafter until principal and interest are , \ .",....~ -1- IIUU! 524 [',Ict 85 EXHIBIT "Au ~ - - - \ fully paid. The provision for monthly payments of principal and interest shall not be construed to affect the maturity date of this obligation. b. Buyer can p~epay in whole or in part without ~penalty. 2. Buyer agrees to pay a late charge equal to five (5%) perc~nt of the monthly payment for any monthly payment received by the Seller more than ten (10) days after the due date. 3. Seller and Buyer acknowledge that Seller has an_ out- standing first mortgage against the premises in ~avor of Leader Federal Bank, #8366890. From the payments received by Buyer under the within agreement, Seller shall oontinue making payments on account of said mortgage. 4. Buyer agrees not to assign its interest in this agree- ment, whether by deed, articles of agreement, lease with option to purchase, o~ otherwise, unless the written consent of Seller is obtained, which consent will not be unreasonably withheld, and any such assignment or attempted assignment will caUBe the entire balance due under this agreement to be due and payable at the option of the Seller. 5. Buyer agrees to pay all taxes levied upon the said premises from and after the date hereof and to keep any building thereon insured for fire, storm and casualty coverage with any , reputable company licensed to do business in Pennsylvania in the amount of at least Seventy-Nine Thousand Nine hundred and NO/IOO ($19,900.00' D~llars payable to the parties hereto as their interest -2- -~~ ~ c~ ". may appear~ In addition to the monthly payment of principal and interest as provided herein, Seller shall pay a monthly escrow of One Hundred Five and 41/100 ($105.41) Dollars representing one-twelfth of the real estate taxes and one-twelfth of the insurance~ 6. Upon the payment of the purchase price, Seller will, at the law offices of Stone LaFaver & Stone, 414 Bridge Street, New Cumberland, Pennsylvania, make," execute and deliver to Buyer a goad and sufficient deed far the proper conveying and assuring of the said premises in fee simple," free and clear of all enoumbrances, liens and dower or right of dower, said conveyance to contain the usual coVe- nants of special warranty except for utility easements and any other items of record in the County Courthouse which do not interfere with the present use of the property. The title to said premises shall be record title, good and marketable as aforeaaid for at least fifty (50) years and such as will be insured by any reputable title insurance company at regular rates. 7. Possession of the said premises is hereby delivered at the time hereof by Seller to Buyer. 8. The sale includes whatever electric, heatin9, plumbing, fixtureB, systems and equipment and all other fixtures permanently affixed as attached to the premises, all shrubbery and landscaping~and the following items: NONE. 9~ All realty transfer taxes in effect at tbe time of settlement and levied by the Commonwealth of Pennsylvania or any political subdivision thereof shall be divided equally between the Seller and the Buyer. \ '. ~ ~ \,,-, -3- BOOK 524 ,A,E 87 .....................,.--. ~., - , ~'~-"""'r t;;,w,,; 10. Buyer shall maintain all buildings and improvements on the said premises in good and substantial repair and the Seller shall '\ have the right to enter upon the said premises at any reasonable hour , for the purpose of inspecting the order, condition and repair of the buildings. 11. Seller represents and warrants that no notice from any ~ governmental authority has been issued or served upon the premises or any occupant thereof or upon Seller, or Seller's agent, calling attention to any violation of any building, fire, safety or other ordinances or requiring or calling attention to the need for,any curbing, recurbing, paving, repaving or other construction or improve- ments on or about the premises or the removal of any nuisance there- from. 12. Seller represents and warrants that no municipal or other governmental improvements affecting the premises are, as of the date hereof, in the course of construction or installation and to the best of Seller's knowledge no such improvements have been ordered to l;3e made. 13. Seller represents and warrants that all street paving, curbing and other municipal or other governmental improvements which have been ccnatructed or installed have been paid for and will not hereafter be assessed and all assessments heretofore made have been paid in full. 14. In the event fire or'storm damages to the premises should occur, all monies received therefor from any insurance company shall be applied first to reasonable repair of said damages and monies BOOK CJ?4 fAG( 88 -4- "" -"'.....~ in excess thereof to be paid to Seller to be applied to the unpaid purchase price and to the extent thereof. 15. The signing of this agreement by both the Buyer and the Seller shall place the terms hereof into effect despite the failure of either or both parties to notify the other of their or its acceptance of this agreement. 16. Failure of Seller to insist on strict performance by Euyer of the terms of this agreement, shall not be construed as a waiver, release or relinquishment thereof. 17. In the event that any defects exist that would noe make the title to the preJnises good and marketable as herein provided, Seller shall have a reasonable time to correct same after being apprised thereof by the Euyer. 18. All payments, notices and documents required by this agreement shall be sufficiently delivered, if mailed by certified mail, postage prepaid, return receipt requested or personally deliv- ered to one of the parties to this agreement as follows: (a) To Seller addressed as follows: Thomas W. Shumaker, Sr., et al. 50 Appalachian Drive Carlisle, FA 17013 (b) To Euyer addressed as follows. Juan A. Ortiz and Bonnie J. Morgan 504 Market Street Lemoyne, PA 17043 ~ or at such other addresses at which the other party receives written. notice. , \ -5- ( .,,....' BUDK :-124- I'AGE 8fl "~ ~, "~ ="-'-'- "~ ~~ ...........- - Wl'.i" ~\ , 19. Buyer shall present to Seller the paid tax receipt or a photocopy thereof on or before the first day of December. of each year and shall pay any and all other utilities that are lienable against the title to the premises herein described within ninety (90) days ." from the time that all such bills are issued by the billing authori- ties. 20. Buyer agrees that he has inspected the premises herein involved and no representations have been made by the Seller as the condition of the land. ~he premises are purchased in the present condition. 21. Buyer warrants that no broker was instrumental or involved in any way in negotiating this transaction except for RE/MAX Realty Associates, Inc. 22. Formal tender of an executed deed and of the purchase money. is hereby waived. 23. Whenever used herein the singular number shall include the plural and the plural shall include the singular and the use of any ge~der shall include all qenders and the words Seller and Buyer wherever used shall include their heirs, executors, administrators, successors and assigns, except where otherwise herein provided. The obligations, responsibilities and liabilities of the Buyer shall be both joint and several. 24. No delay or omission of either party thereto to exercise any right or power accruing upon any non-co~pliance or -6- COUK J:~4 1',\1;[ ~In . ~ -~' .~ .- -~ , ...._&1."", default by the other party with respect to any.of the terms, covenants or conditions of this agreement shall impair any such right or power or be construed to be a waiver thereof. 25. In the event that Buyer defaults in the performance of this agreement, the Seller shall give the Buyer thirty (30) days written notice of the default. The Buyer shall have thirty (30) days after the mailing of the notice within which to cure the default. In the event that the Buyer fails to cure the default within the said thirty (30) day period, the Seller may exercise the remedies set forth below. 26. In the event of default by the Buyer in the payment of any sum of principal or interest herein agreed to be paid after the same shall become due and payable by the terms hereof, or in case of the breach of any other of the terms of this agreement, after notice of default has been given as provided for above, and if the default has not been cured within the thirty (30) days provided for above, the Seller shall have the option to retain all monies theretofore paid to Seller by Buyer as liquidated damages and to terminate this agreement with the Buyer thereafter ,having no interest whatsoever in this agreement, and the premises herein described shall be the property of ... reasonable cost of placing the premises in the same condition as they Seller and Buyer shall pay to Seller upon demand of Seller, the are at the time hereof except for ordinary wear and tear with the right of possession to immediately vest in Seller. , \ -7- 'OOK ::;24 I'AGE !)l ,,- - ",' \ , 27. In case of any default after notice and opportunity to cure the default as aforesaid, the Buyer hereby authorizes and empowers any attorney or Prothonotary of any court of record to appear ~and confess judgment against the Buyer in an amicable action of ejectment for said premises and authorize the immediate issuing, (without asking leave of court) of a Writ of Possession, with Writ of Execution for the amount of costs, with an attorney's commission of fifteen (15%) percent or Five Hundred ($500.00) Dollars, whichever is greateri in each case waiving the benefit of any law exempting property from levy and sale, waiving the right of inquisition if levy is made on land and consenting to condemnation thereof with liberty to sell same on a Writ of Execution, without any stay of execution, and with release of all errors. 28. In case of default after notice and opportunity to cure ~he default as aforesaid, the Seller may, in lieu of retaining the property and in addition to retaining the funds already paid by the Buyer collect the entire unpaid balance due under this agreement together with an attorneys commission of fifteen (15%) percent or Five Hundred ($500.00) Dollars whichever is greater. 29. This agreement contains the whole agreement between the parties and there are no other terms, obligations, covenants, repre sentations, statements or conditions, oral or otherwise, of any kind -8- BOOK 524 I',m n2 -, -, ~~~~ '=~'''''oIIk ~w :. whatsoever and it may not be altered, amended or modified other than in writing executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day witness witness Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANP . 7;J On th~s, the ~ day of '~EAL) ~~ __, ~ '7'-~L.~ SHER Y . SHUMAKER (SEAL) (SEAL) (SEAL) 55: ~~~ 1996, before me the undersigned officer, a Notary Public, personally appeared THOMAS W. SHUMAKER, SR., and SHERRY L. SHUNAKER, and EMILY DISTEFANO known to me (or satisfactorily proven) to be the person whose name is subscrib~d to the within instrument and acknowledged that they executed the same for the purposes therein contained. and I have hereunto set my hand and seal dU-lAAU (/':7\12A-{, . Notary Publ c NUl1\RIAL SEAL GON~TANGE l. !WIlI. Nu~fV 1'11011, NowCumbeTland. PA CUlIlbe/laml Co. GOII.,~slwIExJllfOS A/J11I13, 1900 IN WITNESS WUERBOF, \.'!IV' the day \ , BUUK -9- 524 r^~E ( 'IJ "" ~= ~ L-W .- "10" ~ "~- '. , COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND ~ , 1996, before me the '1..1, On this, the .:J (., day of ~undersigned officer, a Notary Public, personally appeared JUAN A. ORTIZ and BONNIE J. MORGAN, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. {f / ~;'r:f6:~ - NO'IARlAL SEAL GON~TMWE l. ''''"l1, NoLlIY I~bll, Nowt:lLtubollllllll,I',1 Cllmbel/and Co MVCommlssloll!:xsllrc31'.prIl13,1999 -10- BOUK 5:.!4 I'^GE !l4 . ~ ~--~~- .~"""'~" ~ ALL THAT CERTAIN lot of land si:tuata in the Borough of Lemoyne, County of Cumberland, State of Pennr:;;ylvania, and the dwelling thereon erected, known as No. S04"'"Market Street, more particularly bounded and described as follows: BEING the western 20 feet of Lot No~ 104, said Plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in plan Book 1, Pages 11 and 12. Said piece of land being bounded on the North by the Harrisburg, Carlisle and Chambersburg ,Turnpike Road (or Market Street), on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Harrisburg, Carlisle and Chamberaburg Turnpike Road (or Market Streetl and extending back the same width 150 feet to a 20 foot alley; and being improved with the eastern half of a double two and one-half story brick dwelling house and outbuilding. BEING the..same premises which Thomas A. lIavnaer, by his deed dated September ~O, 1988 and recorded October 4, 1988 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book P, Vol~ 33, paqe 36, granted and conveyed unto Thomas W. Shumaker, Sr. and Sherry L. Shumaker, husband and wife, and Emily Distefano, grantors herein. :' .n .;- n'::o>- 'I...l.li 1_ z:~ L~I ~ III U".:J ........0 t.j':;l<:') ;; ~~ 2 \;jl-ccl .." ~~~ 3' ':-1 ,,: 1,1 ~~ ,:~ ~ '" ....,.. c,,, E:: "- .... . 3. ~. f PtlnnsYlvania } SS 10f Cumborland !Lid in the oUice tor the recording of D... .nd for Cumberland COUnly.~ \ {$ooks:&..Vor_page.J:J..\ .. . ).n." my hond .n~.~..1 of Offi~' 01 P.I ';t::J~ld:'l, ~ls (}jo JI.JVo ...j... ,!tlI1- ......./~ ~ <(I!:.~~-'L__' Rec6r <.0 en "UUK 5:t4 IME H5 Iii'''.--' ,~ttJ",,,,,,,,-,~":t"~l!i~l'~~ffi:~","\'i@"'Jili.fjt&I...-J'~;,w""'~,W~i1ll! - .' "'.~'~^li'c-i- lOOl~m~MiI!l'Iiiill~~ - ,"", .""--'-"-'tli!iiiItnlW ~ en 7J ~ ~ 0 (::J C' ~ C C) .- k h ,1 .~ -0 tiS 1:> ---.; a '..- l-v (T(rn ~:::., () ~ Z::) ....... ~. zc 0 ~ \) S2 ~~~ '--' & \ ~C) "TJ I ~o -.. "Jj -v -'-"I ~ Pc: 1'-' 8 p:: z ~ ---' -< (..) ~ ^"._" . ~ - ,- "~-^ i I (;J ~{ . ~~ -~ '~B ~. r~~ ~~ ~ ~ 'lI':a1 ." "1';;"""" - k~H_,".U ~ _"J , ~. "':J -" -, I.) ,~ ": ,: '"' J ,__~ -, .' , i J .Jl.;.,.1oIlI ~'''-, DEe <9 1 zoogJ,IJ THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant ORDER AND NOW, this .J+hday of ~(!eYYlbeR ,2000, it is hereby ORDERED that Defendants are forever barred from asserting a claim or interest in or to the following real property or any part thereof: ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland," State of Pennsylvania, and the dwelling thereon erected, known as No. 504 Market Street, more particularly bounded and described as follows: 504 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 BEING the western 20 feet of Lot No. 104, said Plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 1, Pages 11 and 12. Said piece of land being bounded on the North by the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) and extending back the same width 150 feet to a 20 foot alley; and being improved with the eastern half of a double two and one-half story brick dwelling house and outbuilding. Title to the above property is confirmed in Plaintiffs. BY THE COURT: Q 41' j ~IJA rA IJ/J'I .,: ,140340-3 ~'<:'-' *~I~t'ill;".b!;;;"~;;A-.2,,,~,'J~",k:-ili;;~;:&:tJ':1I~i,~if~I' UWJ~." ,",~~'< r=~, ,""_ ^< -ii--. ~,," '..V" ' " _ , 0.'- ,-~ -',L."-,,,,;'-- .-..."*1"..", ~ C)-.... ~ B\ III N"l ... .. .. ... ., o ... tr) ~j: aD :J-'i, t:- lit :5 :i~li ,. -;~~~t ~\~ ~~ "f(- oft~ a::l_ " ~,.. ~ c..,." i~ ",.,.;.---. t J,~ 0 ,j' "" -'j; to <"," l,.~ '(p .... ..... '" .". , "'1 "" ~ 1:'-- - ~ c " Z .o~~j o 30'"0 , Q 0 '" 0- !il"IlI.BC,)~- ~ 0 ~ ~c"'C::t< oaOQ~ 00'<:-'<: . !il"IlI <0 i) S ~ ... Q::.c 0.1:2 i:lIi e U Ii >:i 8 g Co) I;,) 0 ',".'~ ,<>~ ,,~~'.< .- . ii.~~i.-J~ "_~ii"""l2I~~AiIl' , ( ", - := ..- --.:; - == := r.= = ..- t",' b.! ,I,) e:t .;:j I. ':'" ~::l r... .,.., ..m'Wi~}fJ~ - -, . ,'c_, '-.ili - "'~ , '."..,' -,",-,-",,"~-' - ;'''~''",,:, '~ . Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant AFFIDA VIT PURSUANT TO PA. R.C.P. 430 I, Keirsten W. Davidson, of Johnson, Duffie, Stewart & Weidner, attorneys for Thomas W. Shumaker, Sr., Sherry L. Shumaker, and Emily Distefano, Plaintiffs, being duly sworn, do depose and say as follows: Plaintiffs, Thomas W. Shumaker, Sr., Sherry L. Shumaker, and Emily Distefano, and Defendant, Juan A. Ortiz, signed an Agreement of Sale for properly located at 504 Market Street, Lemoyne, Cumberland County, Pennsylvania, on or about June 26, 1996. Defendant subsequently defaulted on payments under the terms of the above referenced Agreement. Defendant is currently facing criminal charges in Cumberland County, Pennsylvania and according to the Police, has skipped bail, and has failed to appear in any scheduled court proceedings. Plaintiffs are therefore, unable to locate the Defendant in order to obtain clear title to the above described property. The following are measures taken by Johnson, Duffie, Stewart & Weidner to locate Juan A. Ortiz: ,: , . ~' '^,'-,-",;-'-.--;'.,--. .. , ~"", 'L~,'., _...,'...) -0- ",~", _. ,""- . 1. Affiant searched local telephone directories for the Defendant, Juan A. Ortiz, and located one listing for a Juan E. Ortiz at 433 S. 13'" Street in Harrisburg. Affiant contacted this person and discovered it was the Defendant's uncle. The uncle represented to affiant that he had no idea of the whereabouts of his nephew, nor had he heard from his nephew in quite some time. 2. Inquiry was made into the local telephone records of the greater Harrisburg area. The directory assistance operator could not provide a listing for Juan A. Ortiz. One listing was discovered for Juan E. Ortiz on 433 S. 13th Street in Harrisburg, Pennsylvania. This is the individual referenced above. 3. Affiant contacted Howard Dougherty who is the Chief of Police for the West Shore Regional Police and discovered that there is a warrant issued for the Defendant's arrest. The last known address on file with the police for Defendant is 854 Melissa Court, Enola, Pennsylvania, however Defendant is no longer residing there. Chief Dougherty indicated he believes the Defendant has fled the Country. 4. Affiant contacted District Justice Charles A. Clement, Jr.'s office and learned that the criminal matter had been referred to the Cumberland County Court of Common Pleas. The last known address on file with D.J. Clement's office is 854 Melissa Court, Enola, Pennsylvania, however as referenced above, Defendant is no longer residing there. 5. Affiant submitted a request for change of address or box holder information needed for service of legal process on or about June 1, 2000 to the Postmaster in Enola, Pennsylvania. After investigation, the Post Office indicated that the Defendant had moved and left no fOlWarding address. (See attachment) 6. The last known address of Juan A. Ortiz is unknown. JOHNSON, DUFFIE, STEWART & WEIDNER By:~(;m Keirsten W. Davidson : 135720/4-5 ~.~ J' I.J ", .. ... . , ,,.- , . ;'". .~J .' I . . 1 .::.(,~.~. . ~ "':.,: !'~n.~:f . J . : .' , : \ I. ~ '. \,,~ . ATIACHMENT #2 ., :.- .. w.,... .;....." 1:'" . - ~.::~,.._~ '." P~~~~ier Eno1a,.PA 17025 . City. State, ZIP Code ....!.fJ.i.. ,:"... .. ,) Da~: r>/l/nn . ., '-..: Request for.Chang~ of Address or Boxholder . Information Needed for Service of Legal Process ~~ ^-~ : ~ . . I :~~::~~h f;he,n~w ad~ressor the ~ and street address (if a h:"xholder) for the following: Name:' I ,ifuan.A. Ortiz, " . Addr=i: . "854Melissa Court, Enola. PA . . NOTE: The name and last known address are required for change of address infornllltion. The name, if known, "_.m.d post office box address are required for boxholder infornllltion. i . The following infornllltion is provided in a=>rdance with 39 CFR 265.6(d)(6)(II). There is no fee for providing boxholder infornllltion. The fee for providing change of address infornllltion is waived in mccordance with 39CFR 265.6(d)(I) and (2) and c<>rrespcnding Administrative Support Manual 352.44a and b. I . !. Capa<;ity of ~'t~fJ~f" process servef, attorney. party repfesenting himself): 2. Slatu~ or regulation that empowers me to serve process (not required when reques~r is an attorney or a party acting pro se - except a c<>rporation acting pfO se must cite statu~): 3. The names of all known parties to the litigation: .'1fu:oas W. $hunaker. Sr., . Sherry L. Shumaker, Emily Distefano , 4. The cowfin which the case has been or will be heard: Cunilerland. County Court of Camvn pleas 5. The dOcke't'or~,9jfr identifying number if one has been issued: 6.. The capacity in which this individual is to be served (e.g. defendant or witness): WAR.'iING . TIfE SUBMISSION OF FALSE INFORMATION TO OBTAIN M"D USE CHANGE OF ADDRESS . INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTIfER THAN TIfE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE UTIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPIUSONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 .. YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify thst the above infornllltion i. true and that the address infornllltion i. needed and will be used service of legal process in c<>nnection with actual or prospective litigation. I ,jJ . 'L.- I \ 0dl. ~ Signature . Keii-sten W. Printed Name ; 301 Market st., PO Box 109 Address IeIIDyne, FA 17043-0109 Davidson City. Sla~. ZIP Code FOR POST OmCE USE ONLY _No change of address orUer on file. NEW ADDRESS or BOXHOLDER'S POSTMARK ~ Not kno.....n at address given. NAME and STREET AD. DRESS . I . .Moved, left no forwo.rding address.ÿ, No such address .----"""-'- ely for>.'" ''\, muA) .--.--./ , . ~~~.Iiiii!lE.M.l!lliii!W;m-~$Ii!~Bilii!illl.~,,",,~id'E~~~j..aM""l'jWJl-'~i!!M'lar~'-~U~"M~-'~~, ." , 't "~- , ., .- _. Jil~' _1 .-I~~lll (') C. 2". -00"., rPG, '-7,', ~f.- ~-,. (f).',C. 2t:; L )7"-' 7:"-', ?V )7L_ 7:' :2 o o ~ '- (;J \-..) ,. .,. ~..-o -.;1'. ~ o (;) n ~.\ -"'\'; .. -,-- ': '-( ~ } f-~ ~-?- ~~~;, \~ ~~~ ,'~ )7 :z "T\ - , ,--,' ----- ,-----, - '---'-"-', '-"',", ",-,-'" ' ^ .'..' "_C\_, -e ~, .' ..,,, '_--C",::c,,'N-"';'~"",~': . AUG 2 5 ~ THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant ORDER AND NOW, this '2.. ~ day of ~ ,1999, pursuant to the Motion of Thomas W. Shumaker, Sr., Sherry L. Shumaker, and Emily Distefano, this Honorable Court hereby Orders that the Defendant, Juan A. Ortiz, may be served by publication once in one (1) newspaper of general circulation in Cumberland County, and once in the Cumberland Law Journal. : 135720-3 J. . 00 t~-~~ """'-liil 0;, {:~?t~ ,%\ ~~, " (~~ (, -- ..'-~% '\~if:. 'f~Z,)tD v,'~ p ("?'\ (/ . - ~ '~jkr-'--~'. . ~." ,"~' ,- ,~ ,,' < -'ililI~~.~ , '.:...,.:~ ''''''''"''--.. "~ -< ,~. . ~ ~ , . ,~~^: ~ ~,,,~ . ., .- ,,"'-" -,." i _ i- --,- -'- - ,- -. . I "' ~'" ~--, - .-,,-_,". ';,F. ., _,'",:' :_~. "_ " '''''''''I$IW, , Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant MOTION TO SERVE DEFENDANT BY PUBLICA T10N PURSUANT TO PA. R.C.P. 430 AND NOW, comes the Plaintiffs, Thomas W. Shumaker, Sr., Sherry L. Shumaker, and Emily Distefano, by their undersigned counsel, Johnson, Duffie, Stewart & Weidner, and respectfully petitions this Court to permit the Plaintiffs to serve the Defendant, Juan A. Ortiz, by publication pursuant to Pa.R.C.P. 430. In support thereof, Plaintiffs state the following: 1. Plaintiffs have initiated an action to Quiet Title against Defendant, docketed to No. 2000- 5696. 2. Plaintiffs and their undersigned counsel, Johnson, Duffie, Stewart & Weidner, have been unable to locate the Defendant, Juan A. Ortiz, and have taken all measures indicated in the Affidavit submitted concurrently with this Motion. c. ,-' . 'J':.-" c'-,'_ " '-, ,"''- , .' ,-'""" ...;~;, '* ,~,;;, '~"" ., ";';n:~,'" _u'~' "". . . WHEREFORE, Plaintiffs request that this Court allow them to serve the Complaint to Quiet Title by publication once in one (1) newspaper of general circulation in Cumberland County, and once in the Cumberland Law Journal. JOHNSON, DUFFIE, STEWART & WEIDNER BY:~~.~ Keirsten W. Davidson :135720 . . I II I f I ! 0 C) C) c: 0 -n ::<:: 1:>' -;J Q: ,- 1].lr1-, G'5 r:= Z-' l" ._; '\~:l ~!;:" .c-o ~~i~'~~), c:::() """ _1,.--" ~C] :;1:. ~2("') 51..:d r:? ;~rn L '::-, Z 0 ~ :< -< " I, _,<CO'" -. ~ ,- I,' ; ': ,-, ,"_ 'c "~,' _ ' C_" " ,-_ -, ,. J~.::i Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant PRAECIPE TO REINSTA TE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint filed by the Plaintiffs on August 17, 2000 in the above captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER Date: October 17, 2000 BY:~(N,~ Keirsten W. Davidson :139765 ,- jjailllI -.- u ,~ ~'~- . ~ ~ ~- - i~.L'~' ". ." -.:.iiIiii'-' '~ .h"- ,,,,-. ." (? ~;;.:; ::-::0,", f~ -... .--~ S2c ~~ c", ~C:i J>C Z; .-, -<.. C) c::> .--, ,:-.::., :-\ ~;:: -\j It I' I, I, H ," ii [, [; ~ i: ~ t 'I I i I I '~), ". -n Cf) . >j1 ---, , 'oj'"~ ) ,.-,~ -_1 '~"A ':';".\ :~~} ~~ ~! :0 '-< 4.? ~";) ? . ~ , <~.i_' --';-j, -'-,-:. i~ J': " I""~ , J, ,.-" , ; ~' '" " ~ c a M z c"- o c g ~g ~SU\l)'- ..J 0 '"0 ~ ........ ~ l=: l=: 0 ~ ClJ2~.s ~ ~ -' l-o l-o \l) Eo-. 0 \l) ::l <Ii =:O::E8~ ;J ::l \l) U u u8 ._-),- ",'\.;:;,,-<,,--0_ >>sJ 'I ,en --~. ,'--'"~'-' ~- ,~-'/~:;':; I, ,; ....d. c~ -..- .._,-~........,._~-- ._--~- T~ ~ c;:)- .~ \C) , B ~J Q) G) II U-:;:r- V) O<::l 0 0 "- 0 III "- 0 .. ill to- J .. H II.::J [( ({[( ill Z<Chl ZQ 03:Q ..Z ;:(2! ill C(~bJi 1llU) 1LJd..if.J: :t Q 00 [(,;)0 ruf- Of-f- U1 ruz ::iWZ' Oa: [(.la:i. to-:l <Cill:l' "f- 3<1:1- ill a:ZIll [( O:la: II. :t U1 0 (J Z I- H [( 0 '-J f'-. - ~ ~ - - - - ::: "": - ~ - ~ ~ - ;:;: - ...., {!;. iiI~ I"'" ".r ,i'il ./Jd ~:if it:!' :J'l:f "~- ~Iliillllllf'.~ 1ii,;OO:, ~M.l~ 1~."~'~-'"""""" -. ~"',."'" ~ ;, : _ , : ' , : ' " '_ _ . c, ' , " ,,' ~--';-';;~}~""-~'jilr'--' -.,)~ ;',\, ',,~"-, L,-, ~ '~- ' -w~~,1 , , OCT 2 3 20~ i 1 'I .. CIVIL ACTION - LAW i 1 i~,1 l'l "I "I ii 'I II 1 THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs AND NOW, this ORDER 2. ~ day of COctche 'R , 2000, it is hereby ORDERED that H L;i ., 1 I cl ;1 ~I !I , , II I , II I ! I I v. JUAN A. ORTIZ, Defendant Defendants are to bring an action in ejectment within thirty (30) days from the entry of this Order pursuant to PA. R.C.P. 1066(b)(1), or be forever barred from asserting a claim or interest in or to the following real property or any part thereof: ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, State of Pennsylvania, and the dwelling thereon erected, known as No. 504 Market Street, more particularly bounded and described as follows: 504 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 BEING the westem 20 feet of Lot No. 104, said Plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 1, Pages 11 and 12. Said piece of land being bounded on the North by the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) and extending back the same width 150 feet to a 20 foot alley; and being improved with the eastern half of a double two and one-half story brick dwelling house and outbuilding. BY THE COURT: . ~ J5/f}j~A)A.~ r: :139724 '-""Cf TRUE COpy FRN. rer,OID In Testimony wh';reof. I !, , ".:, :. my hiliId Ilnd th seal of said C ,1([ a~i'L1;' p~, tho ...J,5. ,. 'p~::_~' ,", .. ~.~ "" ~,~ =o~ _""~, " . .' ~ ~ ~ ~ ~~ I .. 0'. ~', ' ,'" _~_ ";,. 'c. ~ .'.> ~ OCT 2 3 20~ THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant ORDER AND NOW, this.-z..",\ day of @~ , 2000, it is hereby ORDERED that Defendants are to bring an action in ejectment within thirty (30) days from the entry of this Order pursuant to PA. R.C.P. 1066(b)(1), or be forever barred from asserting a claim or interest in or to the following real property or any part thereof: ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, State of Pennsylvania, and the dwelling thereon erected, known as No. 504 Market Street, more particularly bounded and described as follows: 504 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 BEING the western 20 feet of Lot No. 104, said Plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 1, Pages 11 and 12. Said piece of land being bounded on the North by the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) and extending back the same width 150 feet to a 20 foot alley; and being improved with the eastern half of a double two and one-half story brick dwelling house and outbuilding. Jy / ~ 0 L-~O'~~ : 139724 -~ 1. -;o...........BiIlil' -liili~li~.-,....,..,,~....'~'i.r i j~ 'v'iN\/l0ASf\j[\Eld 111'1,(!,"'--)'""1 :'.r;~ :'~r-'lt'I.''"' l' ',,'-' " <,.:-:~. ~",II'_) L CI : I ,.(~ .LJU CD ,., ,,~~ ~-' ,~ . ~ . ._~~" 'p.' "I'll 11. " 1, 'Iii ~ I' ,I I! ~ 'I II I ,I ,m " , .~~ "'~.~ , Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiffs THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant AFFIDAVIT PURSUANT TO PA. R.C.P. 1066 I, Keirsten W. Davidson, of Johnson, Duffie, Stewart & Weidner, Attorneys for Thomas W. Shumaker, Sr., Sherry L. Shumaker, and Emily Distefano, Plaintiffs, being duly swom, do depose and say as follows: 1. Plaintiffs have initiated an Action to Quiet Title against Defendants, docketed to No. 2000-5696. 2. Because Plaintiffs were unable to locate Defendants in order to serve the above Complaint containing a Notice to Defend, Plaintiffs petitioned the Court. to serve Defendants by publication pursuant to PA. R.C.P. 430. 3. On August 28, 2000, the Honorable Edgar B. Bayley ordered that the Defendants should be served by way of publication, once in one newspaper of general circulation in Cumberland County and once in the Cumberland Law Journal. A copy of the Order is attached hereto and marked as Exhibit "A." 4. Plaintiffs subsequently requested that the Cumberland Law Journal and The Sentinel publish notice of the action to Quiet Title. Attached hereto and collectively marked as Exhibit "B" are Proofs of Publication from both the Cumberland Law Journal and The Sentinel. 5. Despite all of the above, Defendants have not filed an answer, nor have they responded to the above action in any way. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~kh--, I ~ )(~ Keirsten W. Davidson ;139724 - o ~ ~ J. EXHIBIT "A" ., " t'bJ+ AUG25Z0~ THOMAS W. SHUMAKER, SR.. SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2000-5696 CIVIL TERM CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant ORDER AND NOW, this J.. 'if day of , 1999, pursuant to the Motion of Thomas W. Shumaker, Sr., Sherry L. Shumaker, and Emily Distefano, this Honorable Court hereby Orders that the Defendant, Juan A. Ortiz, may be served by publication once in one (1) newspaper of general circulation in Cumberland County, and once in the Cumberland Law Journal. BY THE COURT: /sLtJrJ 11 tJ/JXt :135720-3 ~~ . , . EXHIBIT liB" ~, ~'~_." }M~" "...."'~---- ~...- ~~='"""".~ .. ~ - " . ~~ ~,~ ., ~-IlID_""-','",,,_ < PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being 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 OCTOBER 6, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are ~nthal' Editor SWORN TO AND SUBSCRIBED before me this ----6.....dayof OCTOBER. 2000 NOTAlUIiL SEAL LOIS E. SNYDE.. ~ry Public Cartlol. BolO. eu"'biii!JI1<i County, PA My CotIunitoion Expl... o\IIa",h ~. 2001 < NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civ1l Action-Law No. 2000-5696 Civ1l Term TIlOMAS W. SHUMAKER, SR.. SHERRY L. SHUMAKER. and EMILY DISIEFANO. Plaintiffs v. JUAN A. ORTIZ, Defendant COMPLAlNTTO QUIEfTITIE TO: Juan A. Ortiz NOTICE IS HEREBY GIVEN that a Complaint to Quiet Tltie was lied against you onAugust 17, 2000 aver- ring that you were at one time the owner of real property located at 504 Market Street, Lemoyne, Cumber- land County, PA. The Complaint re- quests the Court to exlinguish any possible interest you may have in said real estate more particularly de- scribed as follows: ALL TIfAT CERTAIN lot of land situate In the Borough of Lemoyne, County of Cumberland. State of Penn- sylvania. and the dwel11ng thereon erected, known as No. 504 Market Street. more particularly bounded and described as follows: 504 Market Street, Lemoyne, Cumberland County. Pennsylvania 17043. BEING the western 20 feet of Lot No. 104. said Plan being recorded in the Office for the Recorder of Deeds In and for Cumberland County, at Carlisle, Pennsylvania. In Plan Book 1. Pages 11 and 12. Said piece ofland being bounded on the North by the ,- ',,- Hanisburg, Carlisle and Chambers- burg Turnpike Road (or Market Street) on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Har- rtsburg, Carlisle and Chambersburg Turnpike Road (or Market Street) and extending back the same width 150 feet to a 20 foot alley: and being improved with the eastern half of a double two and one-half stoty brick dwelling house and outbuilding. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in wrttlng with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS NO- TICE TO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVEALAWYER 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 Telephone; (717) 249-3166 KEIRS1EN W. DAVIDSON, ESQUIRE JOHNSON. DUFFIE, SIEWART & WEIDNER 301 Market Street Lemoyne, PA 17043-0109 (717) 761-4540 Oct. 6 Cumberland Nottees 3 " . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. , Sherry Clifford, Classified Ad Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication THQMAS W. SHUMAKER, SR. , SHERRY L. SHUMAKER, and EJii11LYDISTEF'ANO, , Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBEFlLAND COUNTY, PENNSYLVANIA 'NO. 20.0.0..5696 CIVil TERM September 26, 2000 I v. JUAN A. CRT1Z, I Defendant I . TO: Juan A. OrtiZ I NOTlCE IS_HEREBY GIVEN thata Complaint to Quiet Title was filed against you on ] August 17. 2o.po. averring that you were at one time the owne~s of real p,roperty located at 50.4 Market Street, Lemoyne, Cumberland_County, P~. T~e Complamt ~equests t~e I Court 10 extinguish any possible interest you may have m sald real estate more partle- 1 ularly described as follows: I ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cum- i berland, State of Penlisylvania, and the dwelling the.reon erected, known as No. 504 I Market Street, more particularly bounded and described as follows: 504 Market : Sli.eet 'Lemoyne Cumberland County, Pennsylvania 17043 . ! :BEU.jG the we~tern 20 feet of Lot NO.1 04, said Plan being recorded in the OTfIC~ for the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, m 'Plan Book 1, Pages 11 and 12. Said piece of l,;lnd being bounded on the North by the I Harrisburg Garlisle and Chambersburg Turnpike Road (or Market Street) on the East \bythe eastern'15 feet of Lot No. 104, said Plan; fronting 20 feet on the South S1de of -the Harrisburg'" Carlisle and Chambersburg Turnpike Road (or .Ma~ket Street) ~nd ex- I tending back the same width 150 feet to a 20 foot alley; and bemg Improved w1~h ,the .]'easfern half of a double two and one-half story brick dwelling house and outbUlldmg. I' _ NOTICEf , 'YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO INOTHAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE :OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. r " , Cumberland County Bar Association . ; '. . : "~ 0',.....'-', 2 Uberty Avanue";Carlisle, Pennsylvania'1701S.,' . I' " "" 'Telephofle;(717)?49-3166! .' \". Kei'rsten W. Davidson, Esquire, Johnson, Duffie, Stewart & Weidner 301 Market Street, l..emoyne, PA 17043-0109 - (717)'761-4540 CIVIL ACTION - LAW CDMPLAINT TO QUIET TITLE 'urther deposes that he is not interested in ect matter of the aforesaid notice or ement, and that all allegations in the ]g statement as to time, place and character :ation are true. d ) and subscribed before me this . 27th aayor September , 2000 ~U-~ 0 ~1'U/Y) Notary Public My commission expires: NOTARIAl SEAL ~o. DURNIN, NotalY Public .~..... Boro.. Cumberland CounlV MY Commisslon E . Au. 9, 20()3 ,_ "~_ __-x' 'it.Ld ~'"- ;-,--" '~- " '" --,-,~ - ~~ ""'" - ~"'-< -, -,~~",~-" ",--, ~ ~w , ,~c. -!_,_~" - '< ;~;'~,"''- "" ~,~ ~ .. ~-" ~~ ' ~-~-~ --- - .'_ ..c,,-.:; _ ... .. '.-,,,"; I i~ Ie i i :j ! c. l! " i~ I ! II 'I i I c (~) ~ c. c: CJ ] ~;a ;-:) .,.: " :-) n 1,-1 --4 2- L \....c. ~? r::..: 2: .- . .~ -. .-< ., O. S; !_~ .,;:) C:. ~~:~ /C- :',) =~J --I -< . -- -< (</-- ~-~iII - ~,--","j ",," ',~ > '",,:,- ,. ~--, -'-. ''''-[..-"',, ~-,..- L_ , DEe (l J 200aIP THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant ORDER AND NOW, this S ~ day of ~, 2000, it is hereby ORDERED that Defendants are forever barred from asserting a claim or interest in or to the following real property or any part thereof: "-. ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, State of Pennsylvania, and the dwelling thereon erected, known as No. 504 Market Street, more particularly bounded. and described as follows: 504 Market Str@'!t, Lemoyne, Cumberland County, Pennsylvania 17043 BEING the western 20 feet of Lot No. 104, said Plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 1, Pages 11 and 12. Said piece of land being bounded on the North by the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) and extending back the same width 150 feet to a 20 foot alley; and being improved with the eastern half of a double two and one-half story brick dwelling house and outbuilding. BY J. Title to the above property is confirmed in Plaintiffs. : 140340-3 t~ ':f,!J~)cO \ ~~ "~,,~'~'"<;:., ; ,I,,:,~ . -" ~-;.. ":.' ~%~ . <!>. SY'"12 -V, ./ Q~.~. V,?, N ';xl9l~ '0", 'i;Y ?)j'';.g .". ,y tv ;"") , ,.., , ;'-, '''Q c,'. " ., '$;_ ?( '.", ^ ..,..., '~:'>:~'(k1' '. ~\ . (.? \...-, v';/ '/") - 7") V , v ''0>;''.''.. a, -7: '-~/, V \y ~~... F ~'b ., ,--,. ""'-"HI/1 .~""'-i "" ~ . _='u, ,"''' ,_<,."" ~":",,,.,,"_.'" ',~;",",'-~_"', "" ,,_ "'",,_ ".; .", >,,'."1" , '--,~" ,"~,._' , -"'~--,,- ~,~ ,=.. ,~..,~ '" ~ ,..'. , . -p," ,,~ ~ ,-'-~ ""=~ _0' , ~, , ." ,- ".'- - ~"'. <"" .",: .'. -~ '--." "',,;,,,..--, '" '.l;rIh(rer. ~ '-- ,.. Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiffs THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant PETITION TO ENFORCE PA.R.C.P. 1066 1. On or about August 17, 2000, Plaintiffs initiated an action to quiet title against Defendants regarding the following real property: ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, State of Pennsylvania, and the dwelling thereon erected, known as No. 504 Market Street, more particularly bounded and described as follows: 504 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 BEING the western 20 feet of Lot No. 104, said Plan being recorded in the Office for the Recorder of Deeds in and for Curnberland County, at Carlisle, Pennsylvania, in Plan Book 1, Pages 11 and 12. Said piece of land being bounded on the North by the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) and extending back the same width 150 feet to a 20 foot alley; and being improved with the eastern half of a double two and one-half story brick dwelling house and outbuilding. 2. Upon the Order of the Honorable Edgar B. Bayley dated August 28, 2000, the Complaint to Quiet Title was served upon Defendants via publication. 3. On or about October 19, 2000, Plaintiffs filed an Affidavit Pursuant to PaRC.P. 1066 evidencing that all service requirements identified above were satisfied. -. ~~ - --~, _c "~ e "_ .;,'. ^ ,~,. < '-",,, ->,,"- ---; - -~ , ,- , "" ~ ~ 4. On or about October 24, 2000, the Honorable Edgar B. Bayley ordered that Defendants shall bring an action in ejectment within thirty (30) days or be forever barred from asserting a claim or interest in the real property in question. A copy of such Order is attached hereto and marked as Exhibit "A." 5. Pa.R.C.P. 1066(b)(1) states that if such action is not taken within the 30-day period, the Prothonotary on praecipe of the Plaintiff shall enter final judgment. 6. The thirty (30) day period has expired and at no time since the inception of this action have Defendants come forward and/or responded to the Complaint to Quiet Title in any way. WHEREFORE, Plaintiffs respectfully request that this Honorable Court direct the Prothonotary to enter Final Judgment and confirm title of the property identified above in Plaintiffs. JOHNSON, DUFFIE, STEWART & WEIDNER BY:~W.~ Keirsten W. Davidson : 140340 _C!-"~""''''~ ,~~ .'MY r;~ . ~ liU!;,j;::; EXHIBIT "A" ._~..,_,H.,"" " L' OCT 2 3 200~ THOMAS W. SHUMAKER, SR., SHERRY L. SHUMAKER, and EMILY DISTEFANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5696 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JUAN A. ORTIZ, Defendant ORDER AND NOW, this ~ day of r9c ~ () b e R , 2000, it is hereby ORDERED that Defendants are to bring an action in ejectment within thirty (30) days from the entry of this Order pursuant to PA. R.CP. 1066(b)(1), or be forever barred from asserting a claim or interest in or to the following real property or any part thereof: ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, State of Pennsylvania, and the dwelling thereon erected, known as No. 504 Market Street, more particularly bounded and described as follows: 504 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 BEING the westem 20 feet of Lot No. 104, said Plan being reccrded in the Office for the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 1, Pages 11 and 12. Said piece of land being bounded on the North by the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) on the East by the eastern 15 feet of Lot No. 104, said Plan; fronting 20 feet on the South side of the Harrisburg, Carlisle and Chambersburg Turnpike Road (or Market Street) and extending back the same width 150 feet to a 20 foot alley; and being improved with the eastern half of a double two and one-half story brick dwelling house and outbuilding. :139724 BY THE COURT: /5/ tJ~d.J 13. A,lr /TRUE COPY FROM RECC'R In TeEtimony whereof, I here unto set my hand Bnd the seal of said Court ~rlislr' Pa. This ...15 d of.. IY.-.c.:t:., OQ% ... . .. . ...... 'Pr~f . onota;.y' 7" . I r ~ <~ .'. < -, .......~- ..,-, ~"'tI:MIll. - -1liIiiIi1~~,@fl,k*,,~rjiB)_h#~1a~..-iilWU .~",",^" ,~-~,-, ~ _.~-- ~~, ,,"_~~ >H ",,". ....,. ,_.'''._>r'~ .',~_, ~~~,,'^> ,.,t,- ,~ ",_~ HiIIlifw<~ .-'. ~, ~ ~~-~""""~...... "'"''''''',., ,', ~~ ~ g 0. 0 Cl -n ;;:: X --\ ~ffi Cl '0- /"t::t_:JJ ..-: . r 'X: w .~O'rn m~ Cl :n1: Oc; ~_. _._~ l~ .." ........""!"', ....t__"l"'; :::;;:: Qo ca B,n ~ \0 ~ " ~. ,-:" ~~-