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HomeMy WebLinkAbout00-08838 ,^ ~"C-,'~" ~_" -, ROBERT E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- 6'i53~ JOSHUA GIPE, MARTHA GIPE : ACTION TO QUIET TITLE MARY J. GIPE, JOHN D. GIPE, REBECCA GIPE a/kJa REBECCA SHARTZER, WILLIAM P. GIPE, ALEX O. GIPE, FLORA A. SHARTZER ELMIRA A. SHARTZER a/kJa ELMIRA SMITH, MARTHA JENNY SHARTZER a/kJa MARTHA JENNY LINDSAY GEORGE E. SHARTZER ALICE E. SHARTZER a/kJa ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LINDSAY, GEORGE HOWARD LINDSAY, ROBERT E. LINDSAY, RALPH E. MOWERS, ESTHER MOWERS a/kJa ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS RAYMOND MOWERS MELVIN MOWERS HAROLD MOWERS RACHEL MOWERS a/kJa RACHEL HORN and NORMAN MOWERS, their and each of : their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants NOTICE You have been' sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney II I , " and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 I I < ROBERT E. LINDSAY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- s: r 3 S' ~ r..u..- JOSHUA GIPE, MARTHA GIPE : ACTION TO QUIET TITLE MARY J. GIPE, JOHN D. GIPE, REBECCA GIPE a/k/a REBECCA SHARTZER, WILLIAM P. GIPE, ALEX O. GIPE, FLORA A. SHARTZER ELMIRA A. SHARTZER a/k/a ELMIRA SMITH, MARTHA JENNY SHARTZER a/k/a MARTHA JENNY LINDSAY GEORGE E. SHARTZER ALICE E. SHARTZER a/k/a ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LINDSAY, GEORGE HOWARD LINDSAY, ROBERT E. LINDSAY, RALPH E. MOWERS, ESTHER MOWERS a/k/a ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS RAYMOND MOWERS MELVIN MOWERS HAROLD MOWERS RACHEL MOWERS a/k/a RACHEL HORN and NORMAN MOWERS, their and each of : their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants COMPLAINT AND NOW, this fiJ~ day of December, 2000, comes the Plaintiff in the above- captioned action and by their counsel, O'Brien, Baric & Scherer file this Complaint in an " action to quiet title against the above-designated Defendants as more particularly set forth herein: 1. The Plaintiff, Robert E. Lindsay is an adult individual residing at 701 Big Spring Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendants are individuals many of whose present addresses and whereabouts are unknown (with certain exceptions where service will be made in accordance with the applicable rules), a diligent search of the records of Cumberland County having been made in an effort to determine the whereabouts of said Defendants, said Defendants being the heirs at law of Joshua and Martha Gipe and Rebecca Gipe Shartzer and George W. Shartzer. 3. The Plaintiff seeks to quiet title to certain tracts of ground located in the village of Springfield located in West Pennsboro Township, Cumberland County, Pennsylvania. The tracts are as follows: Tract 1: All that herein after described premises and lots of ground with the appurtenances situate and being in the Village of Springfield in the township of West Pennsborough County & State aforesaid and bounded as follows by Lot NO.1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot NO.2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot being approximately one hundred and eighty-five feet long and seventy feet wide. The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831, who by his indenture dated the tenth day of March, A.D. 1835 did convey the same to Daniel Sweigert a party hereto. Reference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which conveyance was not recorded in the Cumberland County Recorder of Deeds office. ",,--,;', ="'; , Tract 2: All that House and Lot situated in the Village of Springfield, Township of West Pennsborough County of Cumberland and State of Pennsylvania. BOUNDED AND DESCRIBED, as follows: On the North by Main Street, On the West by lot now of George Gochenauer, On the South by an Alley, and on the East W.G. Thrush property now William Johnson. Containing feet. feet in front on Main Street and extending in depth Being the same property that was conveyed by William Green and Nancy E. Green to John C. Lindsay by deed dated March 1st, 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18, 1919. Tract 3: All that certain messuage and lot of ground situated in Springfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:- on the East by lot of Mrs. Joanna Lindsey, on the South by an Alley; On the West by an Alley; and on the North by Main Street. Being the same property that was conveyed by Harry J, And Lovie M. Robinson to John C. Lindsay by a deed notarized April 13, 1920 and not recorded in the Cumberland County Recorder of Deeds Office. 4. One of the lots is represented by a Deed dated March 8, 1862 between Daniel and Elizabeth Swigert, Grantors and Joshua Gipe, Grantee. A true and correct copy of this Deed is attached hereto and marked Exhibit 1. This Deed was never entered in the Recorders office of Cumberland County and came into Plaintiffs possession as an heir and descendant of Joshua Gipe. Joshua Gipe at the time he purchased the property was married to Martha Gipe. Joshua died in 1890 and Martha died in 1892. The ownership of this land would have passed to their children, Mary J. Gipe, John D. Gipe, Rebecca Gipe, William P. Gipe and Martha E. Gipe. Of the children of that union the only one which married and had children was Rebecca Gipe who married George W. Shartzer. II , 5. George W. and Rebecca Shartzer had five children, Flora, Elmira, Martha Jenny, George E. and Alice E. The children of George and Rebecca Shartzer in turn had fourteen children. All of these children are named as Defendants to the action. 6. Attached hereto are photocopies of two Deeds conveyed into John C. Lindsay describing two lots of ground in the village of Springfield. One of these Deeds was recorded in the Cumberland County Courthouse on March 18, 1919 and the other Deed was unrecorded. Plaintiff came into possession of these Deeds as an heir and descendent of John C. Lindsay. These Deeds are attached hereto and marked as Exhibit 2 and Exhibit 3. These two lots are approximately one hundred twenty (125) feet by two hundred (200) feet. Since he returned from World War II in 1945 the Plaintiff has been in sole possession of these two lots and has been paying taxes on the lots. At one time the two lots had structures on them, however for the past several decades they have been vacant lots. 7. John C. Lindsay died in 1939 survived by his wife, Joanna Lindsay, who died July 4, 1940. John and Joanna had four children, one of which Margaret predeceased them in 1923. The other three children were George Lindsay, William Lindsay and Jane Lindsay. George Lindsay married and had three children and eight grandchildren. The Plaintiff is a son of George Lindsay. George's brother, William had sixteen children his sister Jane had one child and Margaret who predeceased both of her parents had three children. Accordingly, the interest in the two lots of ground acquired by John C. Lindsay in 1919 and 1920 would have passed to his heirs in certain fractional proportions depending on their relationship to John C. Lindsay. II , ~,' 'C.- ",<,' ", >, 8. The Plaintiff, Robert E. Lindsay has been in continuous, open, notorious and hostile possession of the Gipe lot and the two John C. Lindsay lots since 1945. 9. 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. However, the Defendants, as many of them are heirs and descendants of the original owners, may claim to have an apparent title, interest or claim against the aforesaid described premises. This alleged or purported claim of the Defendants may constitute a cloud upon the marketability of the title of the Plaintiff. 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, BARIC & SCHERER '12&~.I_' ' Robert L. O'Brien, Esquire I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.d ir/genlitllindsay .com ! I II -'-'>';,,-" ,'r;>-'", ~ ~,.' '0- ~:,,:__-_, , . ... VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. /~.L~.~~/ Robert E, Li say DATED: I ~ / ~g/OO , , !! Ii " ._~"- ."~,-",,~~ I: -~. ., , ROBERT E. LINDSAY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-8838 JOSHUA GIPE, MARTHA GIPE : ACTION TO QUIET TITLE MARY J. GIPE, JOHN D. GIPE, REBECCA GIPE a/kla REBECCA SHARTZER, WILLIAM P. GIPE, ALEX O. GIPE, FLORA A. SHARTZER: ELMIRA A. SHARTZER a/kla ELMIRA SMITH, MARTHA JENNY SHARTZER a/kla MARTHA JENNY LINDSAY, GEORGE E. SHARTZER ALICE E. SHARTZER a/kla ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LINDSAY, GEORGE HOWARD LINDSAY, ROBERT E. LINDSAY, RALPH E. MOWERS, ESTHER MOWERS a/kla ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS : RAYMOND MOWERS, MELVIN MOWERS, HAROLD MOWERS RACHEL MOWERS a/kla RACHEL HORN, NORMAN MOWERS, JOHN CALVIN LINDSAY, JOHANNA McKNIGHT LINDSAY, JANE HOPPIS, WILLIAM C. LINDSAY, GEORGE W. LINDSAY, BLANCE LINDSAY McELWEE, CHARLES EARL: McELWEE, JAMES CLAIR McELWEE, KENNETH MERLE McELWEE, GAY NADIENE McCLINTOCK, GEORGIA ANN SMITH, JAMES EARL McELWEE, DEBRA LYNN DAVIS, MARGARET LORRAINE McELWEE, ANNA JANE McELWEE, MERLE WILLIAM DAVIS, OPAL IRENE SHULTZ, their and each of their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants :! II I > "' --, '.'- --""---,'''' ,- 'Y' .,. '~_'~\~ .. r NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 !,I ~<~-~" ~'"=. ~~ ..._.",~~.,' ~ "~','_~'="'~,O" ""~'N" ,_..~-t~'''-'''=''''''''"~.B;",<c-,-;",~""" .~; , , .. ROBERT E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-8838 JOSHUA GIPE, MARTHA GIPE : ACTION TO QUIET TITLE MARY J. GIPE, JOHN D. GIPE, REBECCA GIPE a/k/a REBECCA SHARTZER, WILLIAM P. GIPE, ALEX O. GIPE, FLORA A. SHARTZER: ELMIRA A. SHARTZER a/k/a ELMIRA SMITH, MARTHA JENNY SHARTZER a/k/a MARTHA JENNY LINDSAY, GEORGE E. SHARTZER ALICE E. SHARTZER a/k/a ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LINDSAY, GEORGE HOWARD LINDSAY, ROBERT E. LINDSAY, RALPH E. MOWERS, ESTHER MOWERS alk/a ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS : RAYMOND MOWERS, MELVIN MOWERS, HAROLD MOWERS RACHEL MOWERS a/k/a RACHEL HORN, NORMAN MOWERS, JOHN CALVIN LINDSAY, JOHANNA McKNIGHT LINDSAY, JANE HOPPIS, WILLIAM C. LINDSAY, GEORGE W. LINDSAY, BLANCE LINDSAY McELWEE, CHARLES EARL: McELWEE, JAMES CLAIR McELWEE, KENNETH MERLE McELWEE, GAY NADIENE McCLINTOCK, GEORGIA ANN SMITH, JAMES EARL McELWEE, DEBRA LYNN DAVIS, MARGARET LORRAINE McELWEE, ANNA JANE McELWEE, MERLE WILLIAM DAVIS, OPAL IRENE SHULTZ, their and each of their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any I right, title or interest in or claim against the subject premises Defendants -"', "."O__~ ",",' """""'-"'''~'''''''---"'''--h'''W----=-''C!'''''''''''''"'~"''''_k~, :~.1llii' , AMENDED COMPLAINT AND NOW, this 22nd day of June, 2001, comes the Plaintiff in the above- captioned action and by their counsel, O'Brien, Baric & Scherer file this Amended Complaint in an action to quiet title against the above-designated Defendants as more particularly set forth herein: 1. The Plaintiff, Robert E. Lindsay is an adult individual residing at 701 Big Spring Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendants are individuals many of whose present addresses and whereabouts are unknown (with certain exceptions where service will be made in accordance with the applicable rules), a diligent search of the records of Cumberland County having been made in an effort to determine the whereabouts of said Defendants, said Defendants being the heirs at law of Joshua and Martha Gipe, Rebecca Gipe Shartzer and George W. Shartzer, John C. Lindsay and Joanna McKnight Lindsay. See attached Affidavit In Support Of Service By Publication attached hereto and incorporated herein by reference. 3. The Plaintiff seeks to quiet title to certain tracts of ground located in the village of Springfield located in West Pennsboro Township, Cumberland County, Pennsylvania. The tracts are as follows: Tract 1: All that herein after described premises and lots of ground with the appurtenances situate and being in the Village of Springfield in the township of West Pennsborough County & State aforesaid and bounded as follows by Lot No. 1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot No.2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot being approximately one hundred and eighty-five feet long and seventy feet wide. il '" k"._,_" . ,.. "__~ ~ .'w_, _ ." ~ __'-., ,"~" V'''''~,,~--__ -- '~'7",'-"~.",~",,":!'O\.._ , , ~i The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831, who by his indenture dated the tenth day of March, A.D. 1835 did convey the same to Daniel Sweigert a party hereto. Reference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which conveyance was not recorded in the Cumberland County Recorder of Deeds office. Tract 2: All that House and Lot situated in the Village of Springfield, Township of West Pennsborough County of Cumberland and State of Pennsylvania. BOUNDED AND DESCRIBED, as follows: On the North by Main Street, On the West by lot now of George Gochenauer, On the South by an Alley, and on the East W.G. Thrush property now William Johnson. Containing feet. feet in front on Main Street and extending in depth Being the same property that was conveyed by William Green and Nancy E. Green to John C. Lindsay by deed dated March 1st, 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18, 1919. Tract 3: All that certain messuage and lot of ground situated in Springfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:- on the East by lot of Mrs. Joanna Lindsey, on the South by an Alley; On the West by an Alley; and on the North by Main Street. Being the same property that was conveyed by Harry J. And Lovie M. Robinson to John C. Lindsay by a deed notarized April 13, 1920 and not recorded in the Cumberland County Recorder of Deeds Office. 4. One of the lots is represented by a Deed dated March 8, 1862 between Daniel and Elizabeth Swigert, Grantors and Joshua Gipe, Grantee. A true and correct copy of this Deed is attached hereto and marked Exhibit 1. This Deed was never entered in the Recorders office of Cumberland County and came into Plaintiffs :1 II possession as an heir and descendant of Joshua Gipe. Joshua Gipe at the time he purchased the property was married to Martha Gipe. Joshua died in 1890 and Martha died in 1892. The ownership of this land would have passed to their children, Mary J. :i " " II "~, ,- ~,'~. ".,~' ~, -",.--,----."~-,'-. ~. """""'~" >';,<' "'r'''"",_'''_','::;~.<~, ~--;,;,"",'~-"'--~-'",,,,,,''',,, "";"'.i.";"",~; Gipe, John D. Gipe, Rebecca Gipe, William P. Gipe and Martha E. Gipe. Of the children of that union the only one which married and had children was Rebecca Gipe who married George W. Shartzer. 5. George W. and Rebecca Shartzer had five children, Flora, Elmira, Martha Jenny, George E. and Alice E. The children of George and Rebecca Shartzer in turn had fourteen children. All of these children are named as Defendants to the action. 6. Attached hereto are photocopies of two Deeds conveyed into John C. Lindsay describing two lots of ground in the village of Springfield. One of these Deeds was recorded in the Cumberland County Courthouse on March 18, 1919 and the other Deed was unrecorded. Plaintiff came into possession of these Deeds as an heir and descendent of John C. Lindsay. These Deeds are attached hereto and marked as Exhibit 2 and Exhibit 3. These two lots are approximately one hundred twenty (125) feet by two hundred (200) feet. Since he returned from World War II in 1945 the Plaintiff has been in sole possession of these two lots and has been paying taxes on the lots. At one time the two lots had structures on them, however for the past several decades they have been vacant lots. 7. John C. Lindsay died in 1939 survived by his wife, Joanna Lindsay, who died July 4, 1940. John and Joanna had four children, one of which Margaret predeceased them in 1923. The other three children were George Lindsay, William Lindsay and Jane Lindsay. George Lindsay married and had three children and eight grandchildren. The Plaintiff is a son of George Lindsay. George's brother, William had sixteen children his sister Jane had one child and Margaret who predeceased both of her parents had three children. Accordingly, the interest in the two lots of ground II . ,-- , ,~- . '~"'-''''"~''''-''"--'"'''''~''''^';''- '_Me,,! I I I , acquired by John C. Lindsay in 1919 and 1920 would have passed to his heirs in certain fractional proportions depending on their relationship to John C. Lindsay. 8. The Plaintiff, Robert E. Lindsay has been in continuous, open, notorious and hostile possession of the Gipe lot and the two John C. Lindsay lots since 1945. 9. 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. However, the Defendants, as many of them are heirs and descendants of the original owners, may claim to have an apparent title, interest or claim against the aforesaid described premises. This alleged or purported claim of the Defendants may constitute a cloud upon the marketability of the title of the Plaintiff. 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, BARIC & SCHERER ~~ Robert L. O'Brien, Esquire I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/genlitllindsay.com II "," - "~ . --" --~- '~'^~ ,.,c.." , ---",~,,"," _". .'_.',,"'<5',^ '-"-~'i:"" "~""-"j."m""L''"''';'';~''~'oi''> ~~;'<~_'~.;; VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert L. O'Brien, Esquire, attorney for Plaintiff and is based upon statements provided by Robert E. Lindsay as well as documents reviewed by the undersigned as attorney for Robert E. Lindsay. This verification will be substituted and ratified by a verification signed by Robert E. Lindsay who is presently unavailable to sign said verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~~. Robert. nen, squire r Dated: 01~-z...fo\ , I I I .1 ~ -"~-"<'~' "~'=_"_ '_"-'_ __,..', '.'"_-.o-""""'~.~..'~_'~.~,,,"'" '-."_',,__,; ~~, I;: j:i II !I II 1'1 II ~ i II Exhibit 1 " " Ii ,_J LEGAL DESCRIPTION =================================================================== All that herein after described premises and lots of ground with the appurtenances situate and being in the Village of Springfield in the township of West Pennsborough County & State aforesaid and bounded as follows by Lot No. 1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot NO.2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot being six hundred and forty seven feet long and sixty-seven feet wide. The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831, who by his indenture dated the tenth day of March, A.D. 1835 did convey the same to Daniel Sweigert a party hereto. Reference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which conveyance was not recorded in the Cumberland County Recorder of Deeds office. d ,,,,"'~'~ . _',,",' I,., _" <'- " ". '" ~fu~ ~ ~fuct.~",t~, 4,,~,-1f~" :' f/I'c~~j{d ,.,l~;;J;.,~yc,'. ,t~,. M<~~M ;((~.tI"L 9:, ~Z~' ""dii~," $, f""7~../{t;""j":7< ". d;" af~.y "&-.,.t'.J.e ~ ~L?:,g:.,'Z"-, ,~'t"".tde k- tf 4,~,~/~. 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""/,;'if, ad.<<,..(' /k<- --""'" I'r.~' ,',/.:;(,,6, /~ ~ L,,~~,r. _ - < -~"" .L..",.,;, _,~.-'=4 d. 04;;<-': /1<- ^/.~ ,.,.,;?1',,~ '~;,~{ (voL.":";:'- 1 ~-:;~k~~~;;j :::;-::~.;t ',;;:tl.~~'~~J~~ :fA-~ ~~~( k.~#tr{g, ;.../~~ ( , \~ct...,k", 'L.-?.tA-.A'~?x":r'~"/r ~,C:'('no':f/<::~/t'<".."... o(r...;.;..<< "..#,~~,.(.%,..:,/J';''''Y~..t} I _ f!Lj,I,:lf,~t:"~;&rI;"E' Exhibit 2 II .'c_ ""^' --,", -.~,,~--"~~-~ -, , --'-"~~';;v. -- '"".:&6' LEGAL DESCRIPTION =================================================================== All that House and Lot situated in the Village of Springfield, Township of West Pennsborough County of Cumberland and State of Pennsylvania. BOUNDED AND DESCRIBED, as follows:- On the North by Main Street, On the West by lot now of George Gochenauer, On the South by an Alley, and on the East W.G. Thrush property now William Johnson. Containing feet. feet in front on Main Street and extending in depth Being the same property that was conveyed by William Green and Nancy E. Green to John C. Lindsay by deed dated March 1st, 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18, 1919. " :i Ii --..,~ -,"-,. 'i:~i .. A:t ~ ~ .~ ~ ..... --=- lC ld H .' ~~ \'-""- '.. .. "I :, . "! >, L ~ .. :$ :; o , . '~ . , . ~.. '"," -= In ell : ... .;l ; .. ~ .tt ~ .. ... ... . ...... " ..c " ,d.t .c 0 ... .. 0 ~ & al< : 5 : . .. '" " ., -a- 'f1 'd ,... liQ" ~ ~, ..::I · . ~ '" "... a' :1ra", " . ; '!! t .1l 3 cd:- ~ G;I I: QC "~... '" II) 0, '" .. a::l ... CI ~ tD , ~; ~ III ~ ~ +l & ~;:: ~ ~ _ '" 'PI C m ~ l~> (J;; "" ~'I"'l $' ...... .e.5fi~ :! ~ g:5 .. o. e~ = ...8-S ~.:f:: ~ ~ ~ >>~.str(lJ:J.o ,~:;;it,f :. .c . ~ I I \ 1,j' I"',!' " i ~f; jL .:: Ii 0 1,1"" t: r: >>':', ~ f .. t~ ,', .. . . 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',0-' >" .'- "'''",.,~~", ""C , '''.',',"'- ,;~-,,' '-""'ju'kc LEGAL DESCRIPTION ------------------------------------------------------------------- ------------------------------------------------------------------- All that certain messuage and lot of ground situated in Springfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:- on the East by lot of Mrs. Joanna Lindsey, on the South by an Alley; On the West by an Alley; and on the North by Main Street. Being the same property that was conveyed by Harry J. And Lovie M. Robinson to John C. Lindsay by a deed notarized April 13, 1920 and not recorded in the Cumberland County Recorder of Deeds Office. ~Ol.: '" 1 L a ~ .5 { ~' ~ j "i o o = ~~. ~~., I ~lit ~<\!'c :~t' 1I~1l o , t ~, m . o. .... .... o ll-!,- , ~ " 5, .. H I~ !1 ~ l-d '" ~ 5 .!!l ~ o .. '" ,0 ,,; ~ o ... .. .. .~", ~ m ~' <'it -h.> .. '/lJI1D . ~ ~ . . : ,to ; J;l' "'''~ III Do .. ,0 ca'; =' . o IH ~'" __ O'~. '~ ~ 0" '" ,0 ... o ~ ~ 00 ~ o o ~ .. 00 ~ '" ~ . = o o .. " ~-'~ :.;.; 'H ",- :t~i od c >,~ 5 i;"'~' ~ oo'll; o rd,d "Ill, ~ g,~:\- ~~~~., :?" _:f i~t ". <0 co'" ,~, ~. f': ~~~ "" . '=.~ ~ ..'" :kii t~ -~ -,- , , ,~ , ROBERT E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8838 v. JOSHUA GIPE, et al. : ACTION TO QUIET TITLE AFFIDAVIT IN SUPPORT OF SERVICE BY PUBLICATION TRACT NUMBER 1: Your Affiant is Robert E. Lindsay, the Plaintiff in the above-captioned action. Based on a clearer understanding of the inter-relationship of the people to be served in the quiet title action I have filed an Amended Complaint naming additional individuals. The one tract of land identified in the Complaint as Tract No. 1 was transferred on March 8, 1863 into Joshua Gipe. This conveyance was not recorded in the county courthouse. Joshua Gipe died on April 14, 1891. The Cumberland County Register Of Wills office shows that letters in the estate of Joshua Gipe were issued to George W. Shartzer on November 19, 1892. In Joshua Gipe's will he gave a life estate in all his real and personal property to wife, Martha, and at her death the property was to pass to his daughter, Rebecca Gipe Shartzer. Joshua Gipe's wife, Martha was born in 1819 and passed away in 1892. At that point and time, one hundred percent of the ownership of Tract No.1 vested in Rebecca Gipe Shartzer, pursuant to the provisions of Joshua Gipe's will. Rebecca Gipe Shartzer was born in 1849 and died on December 25, 1926. The Cumberland County Register of Wills office shows that Rebecca Gipe Shartzer died intestate and that Flora A. Shartzer was appointed personal ~::.it. , ~,,' \ Z"- ~, " "" " r ~ ~.-" , ~, ., --, ~-- '~',~ \ representative on January 21, 1927. Rebecca's husband, George W. Shartzer had predeceased her in 1919. Rebecca and George had five children, Flora Agnes Shartzer, born in 1867 and died in 1955; Elmira S. Smith, born in 1871 and died in 1957; Martha J. Lindsay, born in 1869 and died on June 10, 1910; George E. Shartzer, date of birth and death unknown, although he is believed to have left the area in 1931 and was reported to have moved to the Slippery Rock area, and Alice Shartzer Mowers, born in 1880 and died in 1950. According to intestate succession in Pennsylvania, Rebecca Gipe Shartzers' interest in the property would have passed in fifths to these five children. THE HEIRS OF REBECCA GIPE SHARTZER: George E. Shartzer was believed to have been born in the 1870's. Family records reflect that he was a vagabond and was reported to have settled in the Slippery Rock, Pennsylvania area. The Plaintiff has traveled to the Slippery Rock area and checked the cemeteries to see if a marker for George E. Shartzer could be located. The Plaintiff, Robert Eugene Lindsay, Sr. was born in 1923 and recalls his uncles departure. The Plaintiff has maintained contact through the years with all of George's sisters and other members of the family and no one knows what happened to George as he stopped all contact with the family. This is one of the individuals and his heirs which the Plaintiff seeks to serve by publication. Flora A. Shartzer was another child of Rebecca Gipe Shartzer and was the Plaintiff's aunt. Flora never married and had no children. Flora was the individual who received the letters on her mother in January of 1927. Flora was born August 13,1867 .--" "'. 1,_ I _ . ~-~'~~.'y, -- ~" ,y -1'1,:' '" and died May 29,1955. She died in Cumberland County and the Cumberland County Register of Wills office reflects that no application was made for a personal representative to be appointed. Accordingly, her one fifth interest in Rebecca Gipe Sharzter's property would have passed to her brothers and sister or her nieces and nephews. Elmira Shartzer married Charles Smith and they had two children, Arthur Smith and Rhoda Smith Horner. Elmira Smith was born in 1871 and died in 1957. The Cumberland County Registers office indicates that no estate was opened. Elmira Smith survived her husband who had died in the1930's. Accordingly, her one fifth interest passed to her two children, Arthur Smith and Rhoda Smith Horner. Arthur Smith died in the 1970's in Cumberland County and the Registers office has no record of an estate being opened. Arthur Smith had one child, Charles Smith who had moved to the West Coast and died in California in the 1970's and whose body was returned to Cumberland County for burial. Charles Smith had married a woman, Ethel Smith whose whereabouts are unknown, although the Plaintiff does know that she has passed away. The Plaintiff is unable after his close contact with the family members to account for the fractional share which would have passed to Charles Smith upon the deaths of his parents or to his wife, Ethel Smith. All family members with whom the Plaintiff has maintained close contact have no idea where Ethel died and whether or not she had any relatives surviving that would take under the intestate law. Service of these unknown and unnamed individuals are requested by publication. Elmira's other child was Rhoda Smith who died on March 27, 1989. Rhoda Smith had married William Horner and her interest in the real estate would have passed ~ . - '1-", . ,co ~ '. 't~ilitIH!', , under the residuary clause of her will, which will is recorded in Will Book 110, Page 368 in Cumberland County. There were seven persons identified under the residuary clause, five individuals and two churches. Attached hereto and incorporated herein is a copy of Rhoda Smith Horner's will and Schedule J indicating her beneficiaries. The Plaintiff will attempt to obtain releases or service upon the two churches and the individuals to the extent that these individuals can be located. Martha Jennie Shartzer was the mother of the Plaintiff. Martha Jennie Shartzer married George W. Lindsay and they had three children. Martha Jennie Lindsay passed away in 1910 and was survived by her husband and the three children. The Plaintiffs brother, John McKnight Lindsay was born on January 5, 1908 and died on July 21, 1975. He had married Nellie Mae Lindsay who passed away on December 25,1983. An estate was opened to No. 21-84-68 and her interest in the real estate would have passed to her children, Donald Lee Lindsay, born in 1934, Ruby M. Lindsay, born in 1937, Cynthia Lindsay, born in 1940 and Johnnie Lindsay born in 1942. It is believed that the Plaintiff can obtain service and/or releases upon Donald, Ruby, Cynthia and Johnnie who all live in Pennsylvania. The Plaintiffs other brother, George Howard Lindsay was born on June 3,1910 and died on April 12, 1983. George married Louella Burkhart Lindsay and she died on December 9,2000. An estate was opened in Cumberland County docketed to No. 21- 2000-1078. There was no estate opened for George Lindsay and it is believed that his interest in the property would have passed to Louella. George and Louella had three children, two of which predeceased their parents, Janice in 1969 and Ray in 1975. One child survived and that individual is Howard J. Lindsay. Howard J. Lindsay lives in '':rul.!/i!lI , ""- " '~rk 'j:ilniUlIiiiI - '. T. '~'!lc " , , Florida and in Pennsylvania. The Plaintiff believes that he can locate Howard J. Lindsay and obtain service of this action. The fifth and final child of Rebecca Gipe Shartzer was Alice Shartzer who married James Mowers. Alice was born in 1880 and died in 1950 survived by her husband who died in the 1980's. Alice and James had nine children. Her nine children were Ralph Mowers who died in 1982, Esther Schell who died in the 1970's or 1980's in Dauphin County, Ruth Mowers who never married but had two children. (One of Ruth's children was the Plaintiff, who as a child was adopted and raised by George and Martha Lindsay. The other child is Romaine S. Negley, the Plaintiffs half-sister prior to the adoption. The Plaintiff believes that he can obtain service and/or a release from Romaine Negley.) Another child of Alice Shartzer Mowers was Herman Mowers who died in Perry County. Herman Mowers married but he and his wife had no children. The Plaintiff has no idea of the whereabouts of Herman's wife or if she has died. Raymond Mowers, another child, died in 1957 in Cumberland County. The Cumberland County Register of Wills indicates that no estate was opened for Raymond and the Plaintiff knows that Raymond never married and never had any children. Service by publication for Raymond and his potential heirs are requested. Melvin Mowers died in a hotel fire in 1969 in Chambersburg, Pennsylvania. Melvin also never married and had no children. Accordingly there are no known heirs of Melvin and service by publication on Melvin and his potential heirs is requested. Harold Mowers, Rachel Mowers Horn and Norman Mowers are all living and the Plaintiff will attempt to obtain service and/or a release from these heirs. Rachel Mowers is believed to be living in a nursing home. The Plaintiff believes that Rachel Mowers had four or five children although there 'J~'~<<...o L _._ , ~' .I~" -l _~ '... ~" '", ~-~3 ' , J) , , present whereabouts are unknown and accordingly if he is unsuccessful in locating her whereabouts he requests service by publication be made upon Rachel Mowers, her heirs, guardians and/or assigns. TRACTS NUMBERS 2 AND 3 The Tract Nos. 2 and 3 in the Complaint will be referred to as the Lindsay tracts. At the present time these tracts, like tract No.1, have no structures on them and the Plaintiff has been paying the taxes on these properties since the 1940's. Tract NO.2 was conveyed to John C. Lindsay on March 1, 1919 and was recorded in Cumberland County Deed Book T Volume 8 Page 115 on March 18, 1919. Tract NO.3 was conveyed to John C. Lindsay by Deed notarized April 13, 1920 but not recorded in the Cumberland County Recorder of Deeds office. The Plaintiff is a grandson of John C. Lindsay. John C. Lindsay married Joanne McKnight Lindsay and they had four children, George W. Lindsay, Margaret Ann Lindsay McElwee, William C. Lindsay and Mary Jane Lindsay Hoppis. THE HEIRS OF JOHN C. LINDSAY: George W. Lindsay was born in 1885 and died in 1949. He is the father of the Plaintiff and had married Martha Jennie Shartzer who was one of the heirs of the Gipe tract. Fractional interests in all three tracts arise due to the relationship of the Gipe/Shartzer line and the Lindsay line. Accordingly, the information in reference to the heirs of the Gipe/Shartzer line of the family appear on the earlier pages of this Affidavit. Another child of John C. Lindsay was Margaret Ann Lindsay. She was born in 1886 and died in 1921. Margaret Ann Lindsay married Charles E. McElwee who had -.., ~"~~ ,~ -~ -~" ~ ,',J ,. I. . ,.' JL '".-', ~ ' '" ,.'lllBlf,J'", " , I I) \ , ~ been born in 1887 and passed away in 1923. Margaret McElwee had five children, Blanche McElwee, Margaret Lorraine McElwee, Charles Earl McElwee, Anna Jane McElwee and James Clair McElwee. Attached hereto are copies from the Lindsay family history outlining this branch of the family. Blanche McElwee was born in 1909 and married Vernie D. Myers, Sr.; Margaret Lorraine McElwee was born in 1914 and died in 1966 and married Ira Philip Davis who was born in 1913 and died in 1955; Charles Earl McElwee was born in 1917 and died in 1923; Anna Jane McElwee was born in 1919 and died in 1970 she married Merle William Davis born 1926 and died in 1975; James Clair McElwee was born in 1920 and married Opal Irene Shultz born in 1927. The five children of Margaret McElwee had collectively fourteen children, At this point the original one quarter interest of Margaret Ann Lindsay McElwee in these two small unimproved lots has become anywhere from a one twentieth interest in her children to a one fifty sixth interest or greater, depending on the number of children each child had, in Margaret McElwees fourteen grandchildren. Plaintiff believes he can obtain addresses for some of these heirs and will attempt to serve them and/or obtain releases. Nevertheless, he requests service by publication on this branch of the family. Another son of John C. Lindsay was William C. Lindsay who was born on October 3, 1886 and died on October 16, 1944. He married Stella Mae who was born on January 28,1891 and died on November 20,1979. They had fifteen children, six of whom passed away before William C. Lindsay died and nine who survived him. Two of the children are known, Harold Meily Lindsay and Frances Amelia Lindsay Widders. The Plaintiff will attempt to obtain service and/or releases upon the members of this line "" . ~ ,"" L_L - -..j;'" . " , I 'I , of the family that he can locate. Service by publication is requested on those he cannot serve or locate. The fourth child of John C. Lindsay was Mary Jane Lindsay who was born on September 9, 1891 and died on April 4, 1959. She had married Alfred Birton Hoppis who was born September 13,1891 and who died on June 15, 1957. They had one child, Winnie Fay Hoppis Stoner born June 8, 1927 who is still living. The branch ofthis Lindsay family is also attached to this Affidavit. The Plaintiff will attempt to obtain service and/or a release upon Winnie Fay Hoppis Stoner. CONCLUSION: Due to the large number of potential heirs that have small fractional interests in the three tracts of unimproved real estate, service by publication is requested upon all members with the understanding thatthe Plaintiff will exercise due diligence in serving all heirs he can identify using reasonable diligence. rlo.dir/genlitllindsay.aff ",. ~' 1'17 , , "'!0~'''';''''''''''ifjm'''!'''''i''''~''L,"""''~~,,,-,,,',J,;,;~';'''-'~''~>Ii@L~~iijl,liiIIDil\\JiMIIID!..",.,<c,-",-"c ',,, , ' Shee12 , \ ~/~ t10ltry Lindsay Robert Sr 701 Big Spring Rd i i Newville , iPa I 17241' Lindsay Howard J 247 Mango 51 1 Bradenlon IFI i 34207 I ,.... I ,'1''>., -- Lindsay Steven '16E . _Dr, ! I Mer.Jmnicsbuf'll 'Pll 1 17fllV\ , )1 . .i1v........l -! Baker !Brenda ! 14 Baughman Rd, , .. ... I , 172411 I I Newville I IPa, , , -- Tamer Jeffery 426 Sleelslown Rd 1 1 Newville I iPa. I 17241 i , I Lindsay Donald 2955 Badder Rd i i Reiglesville 'Pa. I 180711 Lindsay Ruby 802 East Iouther 51 I I Carlisle iPa. i 17013 -- Hotchkiss Cyilthia <188 Five Foot Prong Lane 1 Camden I De. I 19934 Lindsay Johnnie 524 Bedford Court iMechanicsburg Pa. I 17055 .,- Mowers Harold.E. 230 Middle Spring Rd. IShippensburg ,Pa. i 17257 i Horn I Rachel 770 Poplar Church Rd ICamp Hill IPa I 17011 I Incoherent Mowers Norman 1707 Clinton Ave 1 Chambersburg IPa. I 172011 , Holtry Robert.E. 11500 Pisgah Rd 1 Shermansdale IPa. , 170901 Li ;1 _, Willlam.L. 21 Fieldcrest Dr I Mechanicsburg IPa. I 170501 / Holtry John 230 N.Locust point rd I I Mechanicsburg Pa. I 170501 , 170071 -- Myers EtheI.M. 518 Forge Rd. 1 I BoiHngs Springs Pa. I Lindsay Harold.M. PO Box 302 i I New Kingstown IPa. I 170721 Sloop Levi 850 Lindset'Rd i ' Carlisle - 1 Pa. i 170131 Crockett Nancy.M. RD 1 Box 695A , Landisburg Pa. , 170401 , ;. -- Knotts Ooris.J. 396 5terbrooke Rd I Williamsville NY , 142211 ! Foreman Linda.J. 12 Oakville Rd ,5hippensburg .Pa. I 172571 Widders FrancesA 466 Bethany Dr. Mechanicsburg IPa. i 170551 -- DavIs Dennis 746 Lewisberry Rd ! Lewisberry IPa. I 173341 Baker Margret I 891 Hawthorne Ave. I , Mechanicsburg Pa. I 17055' Myers JackL. PO Box 596 Carol Junction MO. , 648341 I , _.,-- Cornmam TeresaA ' 130 Reeser Hill Rd York Haven ,Pa. I 17370 Kramlick Brenda.K. 120 Reeser Hill Rd. I York Haven I,Pa. , 17370 \ Myers Kimberly.L 4525 Stravlew Rd I Mt.WoIf , IPa. I 17347 , , -- McClint~ Gay.N. 418 Valley St. ! Mechanicsburg Pa. I 170551 Smith iGeorgia I Box 29 I , Bowmansville Pa. I 17008; I Gause Linda 11407 State 51. I Duncannon Pa. i 170201 , McElwee Charles.J. i 110 Krall CI. I I Dillsburg I 'Pa. , 170191 , Hammond. Joyce 137 Siddonsburg Rd. i Dillsburg I Pa. I 170191 Davis James.E. 215 W.Locust 51 i I Mechanicsburg Pa. , 170551 , i Haar Kendall I 80 Red Rock Rd. ; ; Dover i Pa. , 173151 , ,.- Rodriguez Jean. i 1299 Williams Grove Rd. , Mechanicsburg Pa. I 170551 Nace Deborah I 594 Old york rd. I 'Etters I Pa. I 17319! I Stoner Winnie.F. I Walnut Bottom Rd Carlisle I Pa. I 170131 Page 1 < ,;'] ,,~"~ - -" -~.,j,",,~,,-' I " I JOHN CAWIN LINDSAY b-1851 - d-1939 DAUGHTER MARGARET ANN LINDSAY b-1886 - d-1921 wife of CHARLES EARL McELWEE b-1887 - d-1923 HAD FIVE OFFSPRINGS , I' I 1. BLANCHE LINDSAY McELWEE (b-1909) married Vernie Dwight Myers, Sr. (b-1925 - d-1971) A. Loma Katherine (b-1926) married Louis Richard Tacchino (b-1921) a. Loma Kay (b-1948) married Richard Knight, Sr. (b-1947) 1. Michael James (b-1967) 2. Dennis Ray (b-1968) 3. Kimberly Lynn (b-1970 - d-1970) 4. Richard Frank, Jr. (b-1972) b. Linda Lou (b-1950) married Lawrence Edward Stevens, Jr. (b-1950) 1. Jason Louis (b-1974) B. Harvey Charles Myers (b-1927) C. Vemie Dwight Myers, Jr. (b-1929) married Marjorie Campbell a. Sandra J. Myers (b-1953) married Brian Charles Winters (b-1953) 1. Jason Charles (b-1975) b. Cynthia Sue Myers (b-1956) D. Margaret Ellen Myers (15-1931) married Wilbur Dl\vid Baker (b-1927) a. Donna Jean Baker (b-1950) married Richard Eugene Hoffman (b-1947) 1. Bryan Eugene (b-1971) b. Donald Lee (b-1952) married Cathy Ann Smnh (b-1955) 1. Jason Lee (b-1973) 2. Donald Ray (b-1976) c. Kenneth Charles, Sr. (b-1953) married Nancy Louise Spangler (b-1954) 1. Tricia Diane (b-1980) 2. Kenneth Charles, Jr. (b-1983) 3. Eric Dale (b-1987) d. Patricia Lynn (b-1960) married David Mark Cassel (b-1958) 1. lauren Renee {b-1983) 2. Kristen Marie (b-1985) E. Jack Lee Myers (b-1934) married Shirley Jeanne Anderson (b-1937) a, Douglas Lee (b-1954) married Leslie Ann Shanahan (b-1955) 1. Jennifer Rebecca (b-1976) 2. Wendi Ann (b-1979) 3. Jerome Lee (b-1982) b. Michael Ray (b-1956) married Kimberly D. Myers (b-1958) 1. Justin Michael{b-1989) c. Richard Charles (b-1957) married Shari Ann Heller (b-1965) 1. Adam Richard (b-1981) 2. Allison Leigh (b-1988) d. Ronald Eugene (b-1959) married Maureen Malady (b-1961) 46 ~ ~~ '....... '>,-., " -, .....-N_ 2. MARGARET LORRAINE McELWEE (b-1914 - d-1966) married Ira Phillip Davis (b-1913 - d-1955) " , A. Dennis Ira (b-1947) married Kath/)'n Irene ~i1b)sh (b-1946) a. Johanna (b-1987) Adopted daughter. Souel, Korea b. Johanna Davis (b-1948 - d-1948) j I, I 3. CHARLES EARL McELWEE (b-1917 - d-1923) 4. ANNA JANE McELWEE (b-1919 - d-1970) married Merle William Davis (b-1926 - d-1975) A. Kenneth Merle (b-1938 - d-1988) married Joyce Kath/)'n Goehenour (b-1941) a. Teresa Ann (b-1960) married Timothy Corman 1. Randy Michael (b-1977) 2. Healher Nicole (b-1988) b. Brenda Kay (b-1963) married James Kramlick (b-1963) c. Kimberly Lynn (b-1965) married Kirl< Louis Myers 1. Jordan Mykel (b-1985) 2. Shenley Marie (b-1989) d. Kendall Marie (b-1968) B. Gay Nadiene (b-1939) married Donald Lee McClintock (b-1936) a. Marl< Allen (b-1964) married Gayle Denise Schanpacher (b-1963) b. Rickelle Nadiene (b-1972) C. Georgia Ann (b-1941) married Martin Eugene Smith (b-1940) a. Martin Rodney (b-1967) b. Grego/)' Eugene (b-1974) D. James Earl (b-1945) married Nancy Jean Carr (b-1946) a. Michael James (b-1967) b. JeffreyScotl (b-1969) c. Jaime Ann (b-1976) E. Debra Lynn Davis (b-1951) married James Nace (b-1942) a. Megan (b-1972) b.Molly (b-1976) 5. JAMES CLAIR McELWEE (b-1920) married Opal Irene Shultz (b-1927) Triplets: A. Joyce Ann (b-1947) married Jay Craig Hammond (b-1944) a. Michael Jay (b-1967) b. Jeffrey Scotl (b-1969) c, Jayson Eric (b-1975) B. Linda Carol (b.1947) married Robert Earl Gouse (b-1943) a. Steven Robert (b-1968) b. Sharon Linnetle (b-1970) ~ C. Charles James (b-1947) married Nancy Marie Hickman (b-1948) a. Wendy Marie (b-1968) b. James Charles (b-1970) 47 l':III;o ~ ...., ~-, I ie_ I ~ ~. ~ "-'-- ,- ~.w:ti!&~;,,,, , ,1 I JOHN CALVIN LINDSAY b-1851 - d-1939 YOUNGEST DAUGHTER MARY JANE LINDSAY b-1891 - d-1959 , " ! wife of ALFRED BIRTON HOPPIS b-1891 - d-1957 had one daughter WINNIE FAY HOPPIS 1. WINNIE FAY (b-1927) married Vincent Kenneth Stoner (b-1921 _ d-1981) A. Kathleen Jane (b-1953) married Dale Elvan Kilmer (b-1952) a. Amy Katherine (b-1977) b. Betsy Susan (b-1980) B, Daniel Burton (b-1954) married Kara Lynn Kirkpatrick (b-1957) a. Robert Kenneth (b-1979) b. Kyle Anthony (b-1981) C. Sharon Elizabeth (b-1955) married Mark Wayne Fleming (b-1954) a. Jamie Jo (b-1977) b. Jennifer Mae (b-1980) 132 I . I I , . I , WINNIE FAY HOPPIS STONER June 8, 1927 the only descendant of the late MARY JANE LINDSAY HOPPIS - - >~"', ~ < ~'> 1)':1;:" 'f'~ " , Winnie Fay Hoppis Stoner is the only daughter and child born to the late Mary Jane Lindsay and Alfred Bert Hoppis. Winnie Fay is the widow of Vincent Kenneth Stoner, born May 7,1921 and died March 17, 1981. They were married at Winchester, Virginia on August 29, 1952. Three children enriched their lives. Kathleen Jane, their first born, January 6, 1953, a son, Daniel Burton, March 17, 1954, then another daughter, Sharon Elizabeth, April 5, 1955. Each one has married and has a family of their own. Winnie Fay enjoys the reunion, her family and grandchildren. Her address is 6959 Wertzville Road, Enola, PA 17025. 133 LAST WILL AND TESTAMENT I, RHODA SMITH HORNER, widow,of Monroe Township, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking '~ 7 ~ , ' , I and making void all former wills, codicils and other testamentary disposi- tions by me at any time heretofore made_ 1. I direct my executors, hereinafter named, to pay as soon as prac- ticable after my decease all my just debts and the expenses of my last illness and burial. 2. I give and bequeath my jewelry, vases, tea sets, dishes and books to Carolyn S. Rutherford to be retained by her or distributed as she shall in her own discretion consider appropriate. 3_ I give and bequeath the sum of Five Thousand ($5,000.00) Dollars unto each of the following: Robert J. Lamason and Carolyn S. Rutherford. 4. I give and bequeath the sum of Five Thousand ($5,000.00) Dollars unto Steve Lamason and Jeanette Lamason, his wife, as tenants by the entireties. 368 "~ " ~~ . . '_'~ C__'n' ~'".''' '."-"~-",_.'_ <L-"^'c.- ~,,,_,"~., "" , 5. I give and bequeath the sum of One Thousand ($1,000.00) Dollars unto each of the following named individuals: Charles Lamas on , Richard Lamas on , Frederick Lamason, Lora Ann Lamason, Shawn Lamason, Heather Lamas on , Christopher Lamas on , Victoria Lamason, Joel Lamas on , Douglas Baker, Frederick Lamas on , Jr., Justin Lamason and Jared Lamason. 6_ I give, devise and bequeath all the rest, residue and remainder of my estate, whatsoever and wheresoever situate, unto Robert J. Lamason, Carolyn S. Rutherford, Robert Eugene Lindsay, Sr., Sherri Dunkerley, Steve Dunkerley, First United Methodist Church of Mechanicsburg, PA. and St. Paul's United Church of Christ of Mechanicsburg, PA., in equal shares. 7. Should my said estate be insufficient to pay in full all of the pecuniary bequests setforth in Paragraphs 3, 4 and 5, then and in that event, the penuniary bequests setforth in Paragraphs 3 and 4 shall be paid in full before payment of the pecuniary bequests setforth in Paragraph 5 hereof. 8. I appoint Commonwealth National Bank, of Harrisburg, Pennsylvania, guardian of any property which passes, either under this will or otherwise, to a minor, and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so. Such guardian shall have the power to use principal as well as income from time to time for the minor's education, support and welfare, or to make payment for these purposes, with- out further responsibility to the minor, to the minor's parent or to any person taking care of the minor. , .' .. . 369 '':' ". " - _",__~!Il~'-"I!! ,-,w~ p ~~,~,~~~'\1!~~~~~w-";,l"-'ffi"'!:!:i~>!'lt1-%~_~1~,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,, ' -,'- ~, _ ~ _L_ ". ~ >,., ' .. I' , I " . 5. I give and bequeath the sum of One Thousand ($1,000.00) 'Dollars unto each of the following named individuals: Charles Lamas on, Richard Lamason, Frederick Lamason, Lora Ann Lamas on, Shawn Lamason, Heather Lamason, Christopher Lamason, Victoria Lamason, Joel Lamason, Douglas Baker, Frederick Lamason, Jr., Justin Lamason and Jared Lamason. 6. I give, devise arid bequeath all the rest, residue and remainder of my estate, whatsoever and wheresoever situate, unto Robert J. Lamason, Carolyn S. Rutherford, Robert Eugene Lindsay, Sr., Sherri Dunkerley, Steve Dunkerley, First United Methodist Church of Mechanicsburg, PA. and St. Paul's United Church of Christ of Mechanicsburg, PA., in equal shares. 7. Should my said estate be insufficient to pay in full all of the pecuniary bequests setforth in Paragraphs 3, 4 and 5, then and in that event, the penuniary bequests setforth in Paragraphs 3 and 4 shall be paid in full before payment of the pecuniary bequests setforth in Paragraph 5 heTeof. 8. I appoint Commonwealth National Bank, of Harrisburg, Pennsylvania, guardian of any property which passes, either under this will or otherwise, to a minor, and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so. Such guardian shall have the power to use principal as well as income from time to time for the minor's education, support and welfare, or to make payment for these purposes, with- out further responsibility to the minor, to the minor's parent or to any person taking care of the minor. 369 . . ... :.." , ,. " .1:. '" i:1 'j. , ~t{ J.: ! ;'~ ~~ .- i .~. Il "". 11, ~. i,~, ~. 1 ; -",L,....,j t ~.. t I '. . 9. I hereby nominate, constitute and appoint Robert J. Lamason and Carolyn S. Rutherford, and the survivor of them, executors of this my Last Will and Testament. 10. I direct that my executors and guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I RHODA SMITH HORNER, the testatrix, have hereunto set my hand and seal to this my Last Will and Testament this 11~ day of $; , 1989. (R~~H~) Signed, sealed, published and declared by the above named testatri~ Rhoda Smith Horner,as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other have hereunto subscribed our names as witnesses. , 370 - ~ -. ~ - . .. ,. '{ k \ - ...; -~. "'" - c. _ ~ ' "" "~-[~ ~ . t . . ... -t , IJI'I .. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE "J" BENEFICIARIES ESTATE OF Rhoda Smith Horner FILE NUMBER 21-89-286 ITEM AMOUNT OR NUMBER NAME AND ADDRESS OF BENEFICIARY RELATIONSHIP SHARE OF ESTAT.E A. Taxable Bequests: Ix 14. Frederick Lamason, Jr. ~randnephew Bequest $1000.00 809 North Arch Street, Mechanicsburg, PA 15. Justin Lamason ~randnephew Bequest $1000.00 548 W. Siddons burg Road, Dillsburg, PA 16. Jared Lamason ~randnephew Bequest $1000.00 548 W. Siddonsburg Road, Dillsburg, PA 17. Robert Eugene Lindsay, Sr. rousin 1/7 of Residue Route 4, Box 340, Newville, PA 17241 18. Sherri Dunkerly "riend 1/7 of Residue 70 Old Stonehouse Road, Carlisle, PA 19. Steve Dunkerly briend 1/7 of Residue 70 Old Stonehouse Road, Carlisle, PA TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (Also en1er on line 13, Recapitulation) $ 18828.94 ITEM NUMBER NAME AND ADDRESS OF BENEFICIARY AMOUNT OR SHARE OF ESTATE B. Charitable and Governmental Bequests 1. First United Methodist Church, of Mechanicsburg, PA., Frederick and Simpson Streets, Mechanicsburg, PA 17055 1/7 of Residue (9414.47) 2. St. Paul's United Church of Christ of Mechanicsburg, PA 626 Williams Grove Road, Mechanicsburg, PA 17025 1/7 of Residue (9414.47) SEE COMPUTATION ATTACHED (H """_,, ~~___,~ - COI'fMPI\I~~ALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Rhoda Smith Horner SCHEDULE "J" BEI\lE,F!C~ARIES ~^~.~ ~~:. FILE NUMBER 21-89-286 ITEM NUMBER NAME AND ADDRESS OF BENEFICIARY 1. A. Taxable Bequests: Carolyn S. Rutherford 464 A Mumper Lane, Dillsburg, PA 17019 2. Robert J. Lamason 507 Miller Avenue, Mechanicsburg, PA 17055 3. Steve Lamason and Jeanette Lamason, his Wife as tenants by the entire~ies - 548 West Sidonsburg Road, Dillsburg, PA 4. Charles Lamason 6 Galway Circle, Humme Is t own, PA 5. Richard Lamason 3056 Brook Lane, Rex, Georgia 30273 6. Frederick Lamason 809 North Arch Street, Mechanicsburg, PA 7. Lora Ann Lamason 400 East Coover Street, Mechanicsburg, PA ITEM NUMBER ~I\IKlXAIIl~RJOONemEXOCNX: J1Xx~m;Q\lf:wvll~~~ XS. Shawn Lamason 3056 Brook Lane, Rex, Georgia 30273 9. Heather Lamason 3056 Brook Lane, Rex, Georgia 30273 10. Christopher Lamason 507 Miller Avenue, Mechanicsburg, PA 11. Victoria Lamason 507 Miller Avenue, Mechanicsburg, PA 12. Joel Lamason 507 Miller Avenue, Mechanicsburg, PA RELATIONSHIP AMOUNT OR SHARE OF ESTAT.E Friend Dishes . $ 135.00 Jewelry $ 2265.00 Bequest $5000.00 1/7 of Residue. Bequest $5000.00 1/7 of Residue Nephew and Bequest $5000.00 Nephew's Wife Nephew Nephew Bequest $1000.00 Nephew Bequest $1000.00 Nephew Bequest $1000.00 Grandniece Bequest $1000.00 AMOUNT OR SHARE OF ESTATE Grandnephew Bequest $1000.00 Grandniece Bequest $1000.00 Grandnephew Bequest $1000.00 Grandniece Bequest $1000.00 Grandnephew Bequest $1000.00 13. Douglas Baker - 8'0'9 North Arch St. Mechan. PA Friend Bequest $1000.00 ~~)ij\W(~KDIIX>>.UOOKI.!lIl!lESnl()i.Ml\,j:i~JW<IWM~~tl.lIlt~ $ (If more space is needed insert additional sheets of same size) .1,C .~,. . .) . . ROBERT E. LINDSAY, Plaintiff v. JOSHUA GIPE, MARTHA GIPE, MARY 1. GIPE, REBECCA GIPE a/k/a REBECCA SHARTZER, WILLIAM P. GIPE, ALEX O. GIPE, FLORA A. SHARTZER, ELMIRA A. SHARTZER a/k/a ELMIRA SMITH, MARTHA SHARTZER a/k/a MARTHA JENNY LIND SA Y, GEORGE SHARTZER, ALICE E. SHARTZER a/k/a ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LIND SA Y, GEORGE HOWARD LINDSAY, : ROBERT E. LINDSAY, RALPH: E. MOWERS, ESTHER MOWERS a/k/a ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS, RAYMOND MOWERS, MELVIN MOWERS, HAROLD MOWERS, RACHEL MOWERS: a/k/a RACHEL HORN and NORMAN MOWERS, their and each of their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting any claim to any right, title or interest in or claim against the subject premises, Defendants, -""',- . ~.L . r_~~', , _F.~~ ." , ,.' ~" '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-8838 CIVIL TERM II !"II!!I,.oc ". " ., -!"''''w~ , ,~~, LlJ" ,,-,-"- "'",- ._c,'_ 'd-_',' " ~,:[ -();.+\GE ""',.'<'ii,;c)TARY ,\,,' G2 NO'} 2IJ Prll 3: 4! CUMIj[!iLPhO COUN1Y PENNSYLVANIA ~~ ,-. '-'~~""""""~-""'-= '. -"...... ,.__. ., "~"'p' ,"~" w_ ,~, . .~~ ~"~W ~''''- ~,.'~~~'~ ;;.', ?-, ,~ _"'''''_ '""'~",'}~" c. """":''''__~'Ji'f'S;~~~~' 'd~""',,,,,,,,~,~~~- ,", ~,,~,_""~lAh~~,"'~!if!'~ . - ""h-,,_'k.l',_~, ,Y~ , ,'~ ,,,,,",,"," " ,,-,,- , . , ORDER OF COURT AND NOW, this 26th day of November, 2002, upon consideration of the Plaintiffs "Motion for Final Judgment," and it appearing that a complaint containing a notice to defend has been served on Defendants and that Defendants have not filed an answer within the time required under the Pennsylvania Rules of Civil Procedure, it is hereby ordered as follows: I. Defendants are forever barred from asserting any right, lien, title or interest in the premises described below inconsistent with the interest or claim of Plaintiff in the premises described below unless Defendants file an answer to the complaint within thirty days of the date of this order. If such action is not taken within the thirty-day period, the prothonotary on praecipe of Plaintiff shall enter final judgment in favor of Plaintiff. 2. A certified copy of the final judgment in favor of Plaintiff, if and when entered, and a certified copy of this order shall be recorded by Plaintiff in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, and shall be indexed against Defendants as grantors and Plaintiff as grantee in the premises described below. Any interest previously held or claimed by Defendants in the premises described below shall be marked extinguished of record by the Recorder of Deeds of Cumberland County, Pennsylvania, and Plaintiff shall be deemed legal and equitable owner of the premises described below. 3. The premises referred to herein are described in Plaintiffs complaint as follows: Tract I: All that herein after described premises and lots of ground with appurtenances situate and being in the Village of Springfield in the Township of West Pennsborough County & State aforesaid and bounded as follows: -~ '. "_ I Jl:~ ;' , ~""" Il , ,,-- ~ . . -, Lot No. 1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot No.2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot being approximately one hundred and eighty-five feet long and seventy feet wide. The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831, who by his indenture dated the tenth day of March, AD. 1835 did convey the same to Daniel Sweigert a party hereto. Reference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which conveyance was not recorded in the Cumberland County Recorder of Deeds office. Tract 2: All that House and Lot situated in the Village of Springfield, Township of West Pennsborough County of Cumberland and State of Pennsylvania. BOUNDED AND DESCRIBED, as follows: On the North by Main Street, On the West by lot now of George Gochenauer, On the South by an Alley, and on the East W.G. Thrush property now William Johnson. Containing feet in front on Main Street and extending in depth feet. Being the same property that was conveyed by William Green and Nancy E. Green to John C. Lindsay by deed dated March 1st, 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18, 1919. Tract 3: All that certain messuage and lot of ground situated in Springfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: On the East by lot of Mrs. Joanna Lindsey, on the South by an Alley, On the West by an Alley; and on the North by Main Street. Being the same property that was conveyed by Harry J. And Lovie M. Robinson to John C. Lindsay by a deed notarized April 13, 1920 and not recorded in the Cumberland County Recorder of Deeds Office. ",,- - , ' _"0 =-- ',' "<', BY THE COURT, Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ~~ 1/_2 ?_~.L 9-. February 19. 2003. Final Judgment is hereby entered in favor of the Plaintiff and against Defendants Pursuant to PA. R.C. P. Rule No. 1066 and Local Rule 1066.~. f<ts "~, -~'.~ - .- . -" " " ., '-,1.- ." -.~ ",~,'M',,,' ,",'"",~c ",," - ,~., o,{.;_ >,' _..;,;.;-"~,-,~,_, -,-,-"_,,,';J -',-,'X.~,""V" ~"_ " ROBERT E. LINDSAY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8838 JOSHUA GIPE, et al. : ACTION TO QUIET TITLE FINAL JUDGMENT This Court having entered an Order of Court dated March 11, 2002, a true and correct copy of which is attached hereto and marked as Exhibit "A" and made a part hereof, which Order provides that the Defendants, their heirs, representatives and assigns are forever barred from asserting any right, lien, title or interest in the land and inconsistent with the interest and claim of the Plaintiff as set forth in the Complaint filed in this action unless the Defendants file an Answer to said Complaint within thirty (30) days of the date of this Order and if no Answer is filed by the Defendants, final judgment shall be entered in favor of the Plaintiff; and It appearing that Plaintiff has served a copy of his March 11, 2002 Order upon the Defendants by publication in the Cumberland County Law Journal on June 21, 2002 and The Valley Time-Star newspaper on June 26, 2002 and that prior to the publication, many of the potential parties have signed acceptances of service and released their claim to the property. Copies of said Proofs of Publication are attached hereto as "Exhibit B"; and It further appearing that more than thirty (30) days has past since the March 11, 2002 Order was served upon the Defendants and no Answer to the Complaint has been filed by the Defendants to the date of this Order; ii I --" < 0 ' _ ~_ ~,o -, -I).;., '-',',',,<V' -- ,.' ___;_"-_ - t>\~ ,'0 ,< ' ".;.,. -~', ,"'_'_.J , , Now therefore, and upon Motion of Robert L. O'Brien, Esquire, IT IS HEREBY ORDERED AND DECREED THAT: 1. The Plaintiff, Robert E. Lindsay, is the legal and equitable owner of the tracts of land described on Exhibit "c" attached hereto and made a part hereof. 2. The Defendants, their heirs, representatives and assigns, are forever barred from asserting any right, title, lien or interest in and to the real estate described on Exhibit "c" in any manner inconsistent with the interests and claims of the Plaintiff. 3. The Defendants are deemed to have effectively conveyed their interest in the tracts of land described on Exhibit "c" to the Plaintiff and any interest that Defendants may have had in and to the tracts of land are hereby terminated and extinguished. 4. A certified copy of this judgment shall be recorded by the Plaintiff in the Office of the Recorder of Deeds and shall be indexed against the Defendants as grantors and the Plaintiff as grantee thereby by removing the cloud on Plaintiff's title. BY THE COURT, J. FINAL JUDGMENT IS HEREBY ENTERED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANTS. DATE: Prothonotary II ROBERT E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 2000-8838 JOSHUA GIPE, et al. : ACTION TO QUIET TITLE MOTION FOR FINAL JUDGMENT AND NOW, this 13th day of November, 2002, Robert L. O'Brien, Esquire Attorney for Plaintiff, Robert E. Lindsay, moves this Honorable Court to enter a Final Judgment in favor of Plaintiff and against the Defendants in accordance with the foregoing Order, and assigns the following reasons therefor: 1. This Court entered an Order of Court dated March 11, 2002 a true and correct copy of which is attached hereto and marked as Exhibit "A" and made a part hereof, which Order provides that the Defendants, their heirs, representatives and assigns, are forever barred from asserting any right, lien, title or interest in the land and inconsistent with the interest and claim of the Plaintiff as set forth in the Complaint filed in this action unless the Defendants file an Answer to said complaint within thirty (30) days of the date of this Order and if no Answer is filed by the Defendants, final judgment shall be entered in favor of the Plaintiff. 2. Plaintiff served a copy of thE! March 11, 2002 upon the Defendants by publication said Order in the Cumberland County Law Journal on June 21, 2002 and The Valley Times-Star newspaper on June 26, 2002. Prior to the publication, many of the potential parties had signed acceptances of service and released their claim to the Ii .<-,r",_'.w, . , , . property, as filed of record in the Prothonotary's Office. 3. More than thirty (30) days has passed since the March 11, 2002 Order was served upon the Defendants via publication. 4. No Answer to the Complaint has been filed by the Defendants to the date of the filing of this Motion. WHEREFORE, Plaintiff, respectfully moves this Honorable Court to enter the foregoing Order for Final Judgment. Respectfully submitted, O'BRIEN, BARIC & SCHERER iC6&\J.-- Robert L. O'Brien, Esquire 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/genlitllindsayfil1al.ord ROBERT E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8838 v. JOSHUA GIPE, et al. : ACTION TO QUIET TITLE ORDER OF COURT ~ AND NOW, this K day of March, 2002, upon consideration of the foregoing Petition it is hereby Ordered that service of this Complaint and other related matters, in an action to quiet title be had upon the Defendants generally, by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and Rule 1066-4. Said publications shall be by public notice by one publication in a newspaper of general circulation in the county and in the Cumberland Law Journal. 'I The Plaintiff/Petitioner is directed to obtain service in accordance with the applicable rules on all individuals whose addresses and whereabouts can be determined after a diligent search. If no answer be filed or appearance be made a judgment be default may be " i; ,I taken against the aforesaid Defendants/Respondents, their heirs, personal I " ; representatives or assigns. " Ii q Ii 'j BY THE COURT, :i T lo,jq.!o\Q.,\ O\.~r a J. "RUE COPY FROM RECORD In Testimony wnereof. I here unto set my haoo and the ~ ~ said coo~rt at C lisle. Pa. ~Y.f-Q3_~~ notary EXHIBIT "A" CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-8838 ROBERT E. LINDSAY. Plaintiff v, JOSHUA GlPE. MARTHA GlPE. MARY J. GIPE. JOHN D. GIPE. REBECCA GlPE. a/k/a REBECCA SHARTZER and JOHN C. LINDSAY. their heirs personal representatives and assigns. Defendants TO ALL DEFENDANTS: You are notified that an Order has been entered to No. 2000-8838 Civil Term in the Court of Common Pleas of Cumberland County, Penn- sylvania on March 11. 2002, direct- ing that you have thirty (30) days after this publication to fIl.e an Ac- tion in Ejectment or other claim or be forever barred from asserting any right,' lien. title or interest in- consistent with the interest or claim set forth in the plaintiffs complaint to the land here described: TRACT # 1: All that herein after described premises and lots of gronnd with the appurtenances situ- ate and being in the Vl1lage ofSpring- field in the Township of West Pennsborough County & State afore~ said and bounded as follows: Lot No. I bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot No. 2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot be- ing six hundred and forty seven feet long and sixty-seven feet wide. The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831. who by his indenture dated the tenth day of March. AD. 1835 did con- vey the same to Daniel Sweigert a party hereto. Reference being there- unto had wll1 fully and at large ap- pear. Thereafter, on March 8. 1863. the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which con- veyance was not recorded in the Cumberland County Recorder of Deeds office. TRACT #2: All that House and Lot situated in the Vl1lage of Spring- field. Township of West Pennsborough Cormty of Cumberland and State of Pennsylvania. BOUNDED AND DESCRIBED, as follows:- On the North by Main Street. On the West by lot now or formerly of George Gochenauer, On the South by an Alley, and on the East W.G. Thrush property now William John- son. Containing ~ feet in front on Main Street and extending in depth ~ feet. Being the same property that was conveyed by William Green and Nan- cy E. Green to John C. Lindsay by deed dated March 1st. 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18. 1919. TRACf #3: All that certain mes- suage and lot of ground situated in Springfield. West Pennsboro Town- ship, Cumberland Cormty, Pennsyl- 6 EXHIBIT "B" -~,~, ~-~ .',.,- -_1 -<~~-';" . CUMBERIAND lAW JOURNAL vania, bounded and described as follows. to wit: On the East by lot now or for- merly of Mrs. Joanna Lindsey, on the South by an alley; On the West by an Alley; and on the North by Main Street. Being the same property that was conveyed by Harry J. and Levie M. Robinson to John C. Lindsay by a deed notarized April 13. 1920 and not recorded in the Cumberland County Recorder of Deeds Office. ROBERT L. O'BRIEN. ESQUIRE Attorney for the Plaintiff June 21 7 , , Proof of Publication of Notice in THE VALLEY'TIMES-STAR COUNTY OF CUMBERLAND COlv1MONWEAL TH OF PENNSYLVANIA " , VOBS -~ Barbara C. Thompson, being duly sworn according to law, deposes and says that she is the Editor of "The Valley Times-Star", which is a weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by the News-Chronicle Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having it's principle place of business at lOll Ritner Highway [p.O. Box 100], Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on it's behalf; that the printed notice, advertisement or publication attached hereto is the same as was printed in the regular editions & issues of "The Valley Times-Star" on the following date(s): Affiant further deposes that neither she nor "The Valley Times-Star" and The News- Chronicle Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit are true & correct ~ ~jicUA C ~~/J/t ------ Sworn and subscribed before me this -t...7~daYof V~ ~L.. ~.' ", 'Notarial Seal ~, Clayton l. Johnston, II(Notary Public Shippensburg T'.vp.,1:umberiand County My Commission expires Aug. 30, 2004 To: The News-Chronicle Co. POBox 100 Shippensburg, P A 17257 For publishing the notice attached hereto: On the stated date[s] . . . .. $ 97.65 Affidavit. . . . .. .. . .. . ... $ ?nn Total.................. $ gg liS June 26, 2002 Copy of Notice of Publication == - -- -- -- - ~- ~""~. - - ~ - - - - - - - --------------- ----------------- - ---~------- ---------- --- ~6B-E"1fTE. LIND$AY=--- ---- IN -THE COURT OF COMMON PLEAS OF ~~~., '. .;.:.;l'!!'!'1;iff..~~,~~~<2UMllERLAND CQw;:rx.J'.EW.S,UcVA!;lA . ,~~ "~-, " _~. _"-,~~_:~-~~-~~~~~?~~8__cc__ ___-=- ~QSHUA-GIPE, MARTHA GIPE ACTION TO QUIET TITLE ~Ry;:r, GlPE. oLOHN D GIPE ,REBECCA GIPE. aIkIa iliF,Il.ECCA SJ;:ARTZER and ~JO~C. LINDSAY, thlitir heirs ~nafre~taJiy_eiand ~ o!""a:ssigns~ Defendants gg AL!-<,PEF_ENJ;4A.NTS:.._ ~~ - - ;'i- - -.-~ - aC,,--,-;;:'._'~___-=--~j-';'~{.,j'1 ~__;;:;f1Ut~~::jJ,.,,-:~..t..' _,',_.~-..:':~J~_. ,~..<_ ~ _ .........J:__,_- ~::::You-are notified that an Order has been entered to No. 2000-8838 CiV'irTerm in the- CourfCi( :<-Common Pleas of Cumberland County, Pe~sylvania, on March 11, 2002. directing that you UUive thirty (30) days after this publication to file an Action in Ejectment or other claim or be ),'oiev:er Darred from asserting any right, lien, title or interest inconsistent with the interest or Laim-s_e_ffo~_~.!!l ~he }?laintifi's complaint t9 the l<!-D._d _here descnoed: . ~RbCT # _1: ~1l that _hp~j.!l_~13.l!~~scribed premt$.~_!i an.d_JQts_of ground with the ~enances SItuate and being -in the Village of Springfield in the Township of West Pennsboro ~J;t_9Q.un;Y .&,~t~e afQte$_~ir;i an_d bounded as follows; _ __ __ ~_L~~ No.1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by , :Robert Young'S heirs and East bv V{ ater_ Sl-~I}_Lan~c;Q.Q.t~iningJQ.:r:ty_six by sixty-seven feet; ~LOt~20ounaeaNOrth by big road West by Alley South by Jacob Myers and United ~,:~PP'~hlJff;~J.ot a,94__E?-~l~y sa,i.4,<;;hUf:ch lot.b~ing.si~_hundred and forty-seven feet long and ~y.seven feet WIde. . _ ,> ~ '~~he above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to ~OjLe,ph ~ne~ bearing date _the fifteenth day of February, A.D. 1831, who by his indenture dated _the.-~~_Q,day_of Mar<<h, A.D. 1835 did convey the same.to Daniel Sweigert a party hereto. ~ference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the samepfemlse-s were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which (OXfv-eyance was not recorded in the Cuntberland County Recorder of Deeds office. . ~T~CT_ #_2:.Nt tha:t H.9u~ and Lot situat~d in the Village of Springfield, Township of West ~-ennsbotot!-gh County of,CumberIand and_ State of_Pennsylvania. ~~~!$.oPNDED AND D.ESCR1BED,-a~l"ol!.9JY~:~. .. .. _ . _ -- _ijill'ji?)j:Qrth, by: ~airi S~r.e~, P(l,UW.We,!l!};Iy lot now or formerly of George Gochenauer, On S~o-,.d~L!u.l.t\lJey. and on the East W.G. Th(Ush property now William Johnson. ,,- .~CQnta.i1Pn-g _ -- feet ii:1 front on Main Street and extending in Depth' feet. _Blting_ the s.ame property that '{Vas conveyed by William Green and Nancy E. Green to John C. ~~ ,s,ay by, qeed d.atE?d March 1st, 1919 .and recorded in C~J;Ilberland County Deed Book T, ~ :oIume 8, p~ge ~19 on,M~:r:ch 1$, ,l91~. . _ ._ __ . _, . " .. . , ~. -' _~'I'lrA,cT # ,3:. 4n ,that. ~ertain ll1essuage and lot of ground situated in Springfield, West ~ennsboro Township, Cumber~n~goun~Rennsylvap.i_~oJ,1_~eQ ~nJ!_g.~~j::MeJiJ!!s_ fuHo.w.s.,__to.._ Pit~-~--~-- - ~" -:-QIDhe E, ,a~t by l,',tno.,w, or formerl,y ofMr,s. Joanna Linds, ey" on the Sou, lh, by an Alley; On th~ _~f1iy-~AlleYiand.-on~heNo~~YJ"I~~~StN!~t._~ ___ _' ,_ _ _ _ _____ H-'BcEnRtlie-S!1mep.rOP.e~yt11at was conveyed_by Harry J. and Lovie M. Robinson to John C. i~ay b,y, aA\,!ed not.arized April 13, 1920 and .not recorded in the Cumberland County Recorder -000 Deeds Office. e;:~' '~ ,. Adv. -VTS june" 26 RO~rI;: L. O'B~,en, Esquui_ __ '_ __ Attorney for ~fie Plaintiff, Robert E: Lind_s,av _._'- , -~ .----..--.~'. ~--~.~ ,;:';'..-i"'-" _-,,','f~'_ ~"'~",-"'" .- . .' . LEGAL DESCRIPTIONS TRACT # 1: All that herein after described premises and lots of ground with the appurtenances situate and being in the Village of Springfield in the Township of West Pennsborough County & State aforesaid and bounded as follows: Lot NO.1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot NO.2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot being six hundred and forty seven feet long and sixty-seven feet wide. The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831, who by his indenture dated the tenth day of March, A.D. 1835 did convey the same to Daniel Sweigert a party hereto. Reference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which conveyance was not recorded in the Cumberland County Recorder of Deeds office. TRACT #2: All that House and Lot situated in the Village of Springfield, Township of West Pennsborough County of Cumberland and State of Pennsylvania. BOUNDED AND DESCRIBED, as follows:- On the North by Main Street, On the West by lot now or formerly of George Gochenauer, On the South by an Alley, and on the East WG. Thrush property now William Johnson. Containing feet in front on Main Street and extending in depth feet. Being the same property that was conveyed by William Green and Nancy E. Green to John C. Lindsay by deed dated March 1st, 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18, 1919. EXHIBIT "C" - ,~, ,- <,~'" ~I''''-'" ; p", "o.I,)k'<"'~~ ,- "-', -"-',-,,' "'~'-""9'"~~-,-f,"-".b.'<"",,,,,~,~,,,,, ,",_,-,-,"-"'-""-,"'-"i!;'"-'-;';:;'''i~'_~,,~;L ;O;:;;;",Y'. _~._ .. . , , . " .. . TRACT #3: All that certain messuage and lot of ground situated in Springfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:: On the East by lot now or formerly of Mrs. Joanna Lindsey, on the South by an Alley; On the West by an Alley; and on the North by Main Street. Being the same property that was conveyed by Harry J. And Lovie M. Robinson to John C. Lindsay by a deed notarized April 13, 1920 and not recorded in the Cumberland County Recorder of Deeds Office. II !I ';i II " " i! ii ,i Ii Ii "k;',' .~ "~IXi,-'~ ""'""."'~ "-",, ".!"''''~;Ii~"~~_~dlt' " Hilil' .' , ~~ o,~ ,_ ~~" .,,=, ill , ' I .' C) r) C ,,-" ."" .~, " 1_:1 ',-' ~ r-' ',. .- - ':';;: .- " 0 c , s:.) .:;.> - ;_.. , ~ "e:_ :,)'1 --l ~ -<. , ~ . ~~~ ."" -,~ - ~,- I : . J _, ~ "" -,~-~ ,~,,"-' 'Hl-~- ji\' ,..... . ROBERT E. LINDSAY, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-8838 JOSHUA GIPE, MARTHA GIPE : ACTION TO QUIET TITLE MARY J. GIPE, JOHN D. GIPE, REBECCA GIPE a/kla REBECCA SHARTZER, WILLIAM P. GIPE, ALEX O. GIPE, FLORA A. SHARTZER: ELMIRA A. SHARTZER a/kla ELMIRA SMITH, MARTHA JENNY SHARTZER alkla MARTHA JENNY LINDSAY, GEORGE E. SHARTZER ALICE E. SHARTZER alkla ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LINDSAY, GEORGE HOWARD LINDSAY, ROBERT E. LINDSAY, RALPH E. MOWERS, ESTHER MOWE.RS alkla ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS : RAYMOND MOWERS, MELVIN MOWE.RS, HAROLD MOWERS RACHEL MOWERS alkla RACHEL HORN, NORMAN MOWERS, JOHN CALVIN LINDSAY, JOHANNA McKNIGHT LINDSAY, JANE HOPPIS, WILLIAM C. LINDSAY, : GEORGE W. LINDSAY, BLANCE LINDSAY McELWEE, CHARLES EARL: McELWEE, JAMES CLAIR McELWEE, KENNETH MERLE McELWEE, GAY NADIENE McCLINTOCK, GEORGIA ANN SMITH, JAMES EARL McELWEE, DEBRA LYNN DAVIS, MARGARET LORRAINE McELWEE, ANNA JANE McELWEE, MERLE WILLIAM DAVIS, OPAL IRENE SHULTZ, their and " ~ , , '^">~--".LI~,ftM' --' .. each of their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Amended Complaint filed in this matter on June 22, 2001. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: 0'11 Jot '--":::>~/J ~~ Robert L. O'Brien, Esquire 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/genlitllindsay.pra " - ~, = "~,- ^ "'~'" , "-j,.,_ ., '~ _ . - -, ,- : :--<__' ,c -'I_~ ,~LI-'- ; ,,-~ "'~=" ,',,' - ,-v -- -"/ -,: j,,/ ',',-,.,;, -_ ;~i' .iL '~';i"::~ ,u c ,~'_;-; ',,,,-,,,-,,,,.',,-,,. Ii4:b'~3 ROBERT E. LINDSAY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8838 JOSHUA GIPE, et al. ACTION TO QUIET TITLE PRAECIPE TO THE PROTHONOTARY: Dear Mr. Long: Am€nded Please reinstate the Complaint in the above-captioned matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ,.- ~ {: J--..fL-^--.- Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.d i r/genlitllindsay. reinstate I t \'](( II!lid~.i~ -, "-",,,0 '~irsijb; '"~'Ij;lf~;: ,,-, - - l.m~'""""-~~';;;d -"",-.' " ~" ., ~" ".""">-"-'-' ,_>, ',' _0' .~ ,- ,',---0. ~'. _ .",,,~i4 ,-,;, "",,,",-,-~ ';', (~ r.: S~ [Ra' ZfX.: 7(' en ,~:. rf;~" s:c~- -''' zO j;:C3 c: .<: -< ; =- ..~"'," -,- ^~ ~ ,~ ~ -~,,~~"~. . ~. ........-, :::. <::> .,~-, ".'ii iii ,~ r~ II Ii 'I ~I" J, ~ ij j~ ili W Ii I ~I 11 J~ \i ~ I l' <::::> - i ! !~ '"'" c:5 'll.;~ " ~ '-' --,- .., i' (~- :;1) AS :~~} c~: ifJr'" ::;:/ " 5i -< '" --0 :J-;; ~ 'v .. "",,. ,~- < . -' .'- ~l_ -,',," ' _'.'r ;-- L __. "j,,--" ROBERT E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8838 v. JOSHUA GIPE, et al. : ACTION TO QUIET TITLE PRAECIPE Ii ! !( DEAR PROTHONOTARY: !: ii Ii " Ii ,I " " ii , Ii I I I i I II iI Ii Please reinstate the above-captioned action. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: --~~ Robert L. O'Brien, Esquire Attorney for Plaintiff /.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 'I !i " Ii Ii 11 \1 I I I I , I ,I , ,-~ .' ~<J: :!:i.;,~L,,",'~ -"~~-tlI<io')-j[~\W!'aJ.-"..l;o,';~"''''''':'''''~!\iltl;;;'';i;.MAi'%;h';:;~1ml,~~"!riJ,,.,*,#,,"~J~~' ^'-"~"""""lllllr"'" - * IT 'mil Jil&illi2f(J-' !l~'''-- '-!if IiiI "~4~_,~,_._."_ ,_,<_~J~~ ~_.' ,,_ ) ~ ,--~ ~ - ,,'" ~'" --"-~""'-'_i 'I I .:-0",,-.-6."--"'11"' J;.~~' r) C -z: -Q(Q (!)~_:. .t"-- ..-'~ ~('C '!J:~; <2.C- -,...,. .~-. ?,..... ~. ~O Y':i :2 o l'-"') ~ :;:\J N i'-.J o ..n ,-, ._..,~\ ..;::J 5: - o .' ~~~~ ~ ',-} ~_. ,"oq ':-1'" S .", ~ o ,0 - ~ - . ~~. . ,'L I 0 'L . '~~- ~ _ ~ 'i-"''''''-&.,~\,I- ~~+ E_ l\~o.'J In the Court of Common Pleas of Cumberland County, Pennsylvania VS. \O~)w~ l'fe.. ) dlA\ No. 8838 Civil. P.l-- 2. O()7J r"~"",,~'i ~ \ ~<t~ r-'l..lANS'\"u~ ~ QScN-'<-. C-a..~~ a.,,*~_ To C-uM- Lo....c\ ~~~ Prothonotary 19 ~-4-C)~. , Attorney for Plaintiff 4i"""- - o~1Ifiiil~l~j'~"~.i!#ffi'/~l-lllji;\ll~-it;~w:-\!"';it;"i'~~"'~'-1"_'~~;8U";',," '"Fd"_'; "._'-;h~'_.,-j_'lt,,;:}!iI~~1lillfi;ili'iWf0F~offi'-'ll1""'frr,1it.'cl!k"~''''liM:r.ilrtl j '." . " ,~"JJ -liiL' No. Tenn,19 _ VS. . PRAECIPE Filed 19 , Atty. 2 ;;::. -o~ lTl--rc ~e (jj .;c -,<.L r::::t:~~ :;:; ""0 '6n >e: -" ~ ~ ,< ~ ~ ~ c..- c:: J)!: I .....l o '11 ~ ~ '--\ :.r:.,., r1'1F -om '09 ~6 :r. ::H 98 z~ 0'" ~ -'< - - U1 &" ROBERT E. LINDSAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-8838 JOSHUA GIPE, MARTHA GIPE : ACTION TO QUIET TITLE MARY J. GIPE, JOHN D. GIPE, REBECCA GIPE a/k/a REBECCA SHARTZER, WILLIAM P. GIPE, ALEX o. GIPE, FLORA A. SHARTZER ELMIRA A. SHARTZER a/k/a ELMIRA SMITH, MARTHA JENNY SHARTZER a/k/a MARTHA JENNY LINDSAY GEORGE E. SHARTZER ALICE E. SHARTZER a/k/a ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LINDSAY, GEORGE HOWARD LINDSAY, ROBERT E. LINDSAY, RALPH E. MOWERS, ESTHER MOWERS a/k/a ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS RAYMOND MOWERS MELVIN MOWERS HAROLD MOWERS RACHEL MOWERS alk/a RACHEL HORN and NORMAN MOWERS, their and each of : their respective heirs personal representatives and assigns and any and all other persons or legal entities . asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants i , "' - . - "-''''''<" .c,~-", ~..-,"-..._,.'~. ,"..,,--,-,-,-.;;,.-;.!},-,,,, "" '''~~~-''''-''~''~--.4-'"-"^,-,---",,"~,,~,,,,,-,';C;;::;1 .. PRAECIPE FOR FINAL JUDGMENT TO THE PROTHONOTARY: Pursuant to the Court Order of November 26, 2002, please enter final judgment in favor of the Plaintiff and against the Defendants. Respectfully submitted, O'BRIEN, BARIC & SCHERER ka{j~ Robert L. O'Brien, Esquire 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ;1 rlo.dir/genlitJlindsayfinal.pra :: ."",-'" l~ ROBERT E. LIND SA Y, Plaintiff v. JOSHUA GIPE, MARTHA GIPE, MARY J. GIPE, REBECCA GIPE aIkIa REBECCA SHARTZER, WILLIAM P. GIPE, ALEX O. GIPE, FLORA A. SHARTZER, ELMIRA A. SHARTZER a/k/a ELMIRA SMITII, MARTHA SHARTZER a/k/a MARTHA JENNY LINDSAY, GEORGE SHARTZER, ALICE E. SHARTZER aIkIa ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LIND SA Y, GEORGE HOWARD LINDSAY, : ROBERT E. LINDSAY, RALPH: E. MOWERS, ESTHER MOWERS aIkIa ESTIIER SCHELL, RUTH MOWERS, HERMAN MOWERS, RAYMOND MOWERS, MELVIN MOWERS, HAROLD MOWERS, RACHEL MOWERS: aIkIa RACHEL HORN and NORMAN MOWERS, their and each of their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting any claim to any right, title or interest in or claim against the subject premises, Defendants '~J_ J -, ----, . ~ -'<- ' -'. ;,,,.... '~- > -,;..' ~ -;gf~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-8838 CIVIL TERM ,,", . ~ l_ . ~ ~ '~:n.._ ,'-' . I;\' . ORDER OF COURT AND NOW, this 26th day of November, 2002, upon consideration of the Plaintiffs "Motion for Final Judgment," and it appearing that a complaint containing a notice to defend has been served on Defendants and that Defendants have not filed an answer within the time required under the Pennsylvania Rules of Civil Procedure, it is hereby ordered as follows: 1. Defendants are forever barred from asserting any right, lien, title or interest in the premises described below inconsistent with the interest or claim of Plaintiff in the premises described below unless Defendants file an answer to the complaint within thirty days of the date of this order. If such action is not taken within the thirty-day period, the prothonotary on praecipe of Plaintiff shall enter final judgment in favor of Plaintiff. 2. A certified copy of the fmal judgment in favor of Plaintiff, if and when entered, and a certified copy of this order shall be recorded by Plaintiff in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, and shall be indexed against Defendants as grantors and Plaintiff as grantee in the premises described below. Any interest previously held or claimed by Defendants in the premises described below shall be marked extinguished of record by the Recorder of Deeds of Cumberland County, Pennsylvania, and Plaintiff shall be deemed legal and equitable owner of the premises described below. 3. The premises referred to herein are described in Plaintiffs complaint as follows: Tract 1: All that herein after described premises and lots of ground with appurtenances situate and being in the Village of Springfield in the Township of West Pennsborough County & State aforesaid and bounded as follows: . <10,-1 " Lot No. 1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot No.2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot being approximately one hundred and eighty-five feet long and seventy feet wide. The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831, who by his indenture dated the tenth day of March, A.D. 1835 did convey the same to Daniel Sweigert a party hereto. Reference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which conveyance was not recorded in the Cumberland County Recorder of Deeds office. Tract 2: All that House and Lot situated in the Village of Springfield, Township of West Pennsborough County of Cumberland and State of Pennsylvania. BOUNDED AND DESCRIBED, as follows: On the North by Main Street, On the West by lot now of George Gochenauer, On the South by an Alley, and on the East W.G. Thrush property now William Johnson. Containing feet in front on Main Street and extending in depth feet. Being the same property that was conveyed by William Green and Nancy E. Green to John C. Lindsay by deed dated March 1st, 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18, 1919. Tract 3: All that certain messuage and lot of ground situated in Springfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: On the East by lot of Mrs. Joanna Lindsey, on the South by an Alley, On the West by an Alley; and on the North by Main Street. Being the same property that was conveyed by Harry J. And Lovie M. Robinson to John C. Lindsay by a deed notarized April 13, 1920 and not recorded in the Cumberland County Recorder of Deeds Office. "" " ~, .'1 ._. -'>>.. ~ iI!lj_l!~~l!l~~il_lllt."It" . . . . BY THE COURT, ! w",f(etff lCNesley Ole ., J. . Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ~~ //,:2 ?,{J"L. 9--. February 19. 2003. Final Judgment is hereby entered in favor of the Plaintiff and against Defendants Pursuant to PA. R.C. P. Rule NO. 1066 and Local RUle 1066.~. tL. R. Long """""J"'<"i~Jllt~",~~~',,,1ill~%;'4~il~",~,""Iffi~'~~,).'c.,,-_,:;O"';'~JW',j-~~4ft;",'~l',,,~;,.1'l!I&"WJ!!r4~~Ujllti!j!lillil!ilriiiiiil~~i:~'~"'~l!!trl"'""~l!.!i&tiU~-P='!ia\illj~~!!.1'" ''''~"'"~:i.li!l..1if dill ~ ~~R~ - t Ct r'~-u 3 ~ ~ ~ ~~'-i: rl i-- -v ~ ~ ~ D f0 i2 G " , , '_0 _~,' ~~__~_~~ * . ."., 0 co..., 0 ~t Co:. "'II " "T1 !1'1 '1 -r ~7 -:.0 j'i T ~ Z " , , (/"j \..D -, , r" .::_) ::::: - "., j", 2'.::": , T, ...:::::. co; c) )> ~~- 0 ~~) ,-n ~ .,c:_ ... :JC': -,- , (.) .:TJ -< ROBERT E. LINDSAY, Plaintiff v. JOSHUA GIPE, MARTHA: GIPE, MARY J. GIPE, JOHND. GIPE, REBECCA GIPE a/k/a REBECCA SHARTZER, WILLIAM P. GIPE, ALEX: O. GIPE, FLORA A. SHARTZER, ELMIRA A. : SHARTZER a/k/a ELMIRA SMITH, MARTHA JENNY SHARTZER a/k/a MARTHA JENNY LINDSAY, GEORGE SHARTZER, ALICE E. SHARTZER a/k/a ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN: McKNIGHT LIND SA Y, GEORGE HOWARD LINDSAY, ROBERT E. : LINDSAY, RALPH E. MOWERS, ESTHER MOWERS a/k/a ESTHER : SCHELL,RUTH MOWERS, HERMAN MOWERS, RAYMOND MOWERS, MELVIN MOWERS, HAROLD MOWERS, RACHEL MOWERS a/k/a RACHEL: HORN and NORMAN MOWERS, their and each : of their respective heirs personal representatives and assigns and any and aU: other persons or legal .' . . ~'" ,~^" u. ~ '_'"._ , ,',~~~ ".-""''''';'''-c.'.'-,1;;-.<ci'''''' "M' ., - IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW i1b-~'035l' 'tr\:\/,'\l\~)i\lN:}d I !N(~-:",r' (~"," f""' '..',.-'I\'rv.... 1\.1..: 'i :.../J ,__'>1'"1 !:~-:"'f,: r,) ']0 f' .(' r ,1 1 ... -. ,- ~"' ,n, ':' "c, :i ,] b G '-;~:'i\J AtT/lC " ~:, L -','~' _,_'.: :-, _~ "->< ~ "" Oij,j. I_~ ,,,,~,,_",,,,~ ~-"_;'-~o_",-, ',', "'.c--'''-- '2.~-j,~-i',~'" ,'" .-,.'~, entities asserting or making: any claim to any right, tide or interest in or claim against the subject premises, Defendants NO. 00-8838 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of December, 2000, upon consideration of Plaintiffs Petition for Leave To Obtain Service in the Above-Captioned Action To Quiet Title, the petition is denied without prejudice to Plaintiffs right to file a new motion or petition, accompanied by an affidavit detailing the efforts made to locate, for purposes of service, those defendants whose whereabouts are unknown, and specifying the defendants who will be served by conventional means so that they can be excluded from the operation of the order. See Pa. R.C.P. 430. BY THE COURT, J. ~ t~\.y1)1 ~~ Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff :rc ""_..",..'J~'_'"",,,_~_-,:n;.,-,' '>..,.-."--,,',', .,0'_.,," _,.-;..-", "'-'::'-""_>,_"",-', """<"'~' .' ROBERT E. LINDSAY, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- JJ? 3?' JOSHUA GIPE, MARTHA GIPE : ACTION TO QUIET TITLE MARY J. GIPE, JOHN D. GIPE, REBECCA GIPE a/kla REBECCA SHARTZER, WILLIAM P. GIPE, ALEX O. GIPE, FLORA A. SHARTZER ELMIRA A. SHARTZER a/kla ELMIRA SMITH, MARTHA JENNY SHARTZER alk/a MARTHA JENNY LINDSAY GEORGE E. SHARTZER ALICE E. SHARTZER a/kla ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LINDSAY, GEORGE HOWARD LINDSAY, ROBERT E. LINDSAY, RALPH E. MOWERS, ESTHER MOWERS a/kla ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS RAYMOND MOWERS MELVIN MOWERS HAROLD MOWERS I RACHEL MOWERS a/kla .. RACHEL HORN and r NORMAN MOWERS, their and each of : I their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants ORDER OF COURT AND NOW, this _ day of December, 2000, upon consideration of the foregoing ,~_ ~ - ,,_,,-,'~-"'-" - , __, <,_,_,-~" __,", ,. -,- ,".-, u"",,-,'"'O'i,,' ,. Petition it is hereby Ordered that service of this Complaint and other related matters, in an action to quiet title be had upon the Defendants generally, by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and Rule 1066-4. Said publications shall be by public notice by one publication in a newspaper of general circulation in the county and in the Cumberland Law Journal. The Plaintiff/Petitioner is directed to obtain service in accordance with the applicable rules on all individuals whose addresses and whereabouts can be determined after a diligent search. If no answer be filed or appearance be made a judgment be default may be taken against the aforesaid Defendants/Respondents, their heirs, personal representatives or assigns. BY THE COURT, J. --....'-,.;; .'.-----,..,.',-- '<-..-...,.----,'- ~ ROBERT E. LINDSAY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- JOSHUA GIPE, MARTHA GIPE : ACTION TO QUIET TITLE MARY J. GIPE, JOHN D. GIPE, REBECCA GIPE a/k/a REBECCA SHARTZER, WILLIAM P. GIPE, ALEX o. GIPE, FLORA A. SHARTZER ELMIRA A. SHARTZER a/k/a ELMIRA SMITH, MARTHA JENNY SHARTZER a/k/a MARTHA JENNY LINDSAY GEORGE E. SHARTZER ALICE E. SHARTZER a/k/a ALICE E. MOWERS, ARTHUR SMITH, RHODA HORNER, JOHN McKNIGHT LINDSAY, GEORGE HOWARD LINDSAY, ROBERT E. LINDSAY, RALPH E. MOWERS, ESTHER MOWERS a/k/a ESTHER SCHELL, RUTH MOWERS, HERMAN MOWERS RAYMOND MOWERS MELVIN MOWERS HAROLD MOWERS RACHEL MOWERS a/k/a RACHEL HORN and NORMAN MOWERS, their and each of : their respective heirs personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants PETITION FOR LEAVE TO OBTAIN SERVICE IN THE ABOVE-CAPTIONED ACTION TO QUIET TITLE 1. Petitioner is Robert E. Lindsay the Plaintiff in the above-captioned action. , i jj " - Plaintiff/Petitioner on the _ day of December, 2000, filed with the Prothonotary of Cumberland County an action to quiet title whereby he requested that title to the following three tracts of ground be quieted and that it be determined that he have sole fee simple title to the same. Tract 1: All that herein after described premises and lots of ground with the appurtenances situate and being in the Village of Springfield in the township of West Pennsborough County & State aforesaid and bounded as follows by Lot No.1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot No.2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot being approximately one hundred and eighty-five feet long and seventy feet wide. The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831, who by his indenture dated the tenth day of March, A.D. 1835 did convey the same to Daniel Sweigert a party hereto. Reference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which conveyance was not recorded in the Cumberland County Recorder of Deeds office. Tract 2: All that House and Lot situated in the Village of Springfield, Township of West Pennsborough County of Cumberland and State of Pennsylvania. BOUNDED AND DESCRIBED, as follows:- On the North by Main Street, On the West by lot now of George Gochenauer, On the South by an Alley, and on the East WG. Thrush property now William Johnson. Containing feet. feet in front on Main Street and extending in depth Being the same property that was conveyed by William Green and Nancy E. Green to John C. Lindsay by deed dated March 1st, 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18, 1919. Tract 3: All that certain messuage and lot of ground situated in Springfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:- on the East by lot of Mrs. Joanna Lindsey, on the South by an Alley; On the West by an Alley; and on the North by Main Street. i , Ii . Being the same property that was conveyed by Harry J. And Lovie M. Robinson to John C. Lindsay by a deed notarized April 13, 1920 and not recorded in the Cumberland County Recorder of Deeds Office. 2. Many of the aforesaid Defendants/Respondents are either dead or their whereabouts are unknown. To the extent that the whereabouts of some of the Defendants/Respondents can be ascertained service will be made in accordance with the applicable rules. 3. The Petitioner/Plaintiff after making a diligent search and inquiry has been unable to ascertain the present whereabouts of many of the above-named Defendants/Respondents and/or any personal representative of same, many of whom are deceased. WHEREFORE, the Plaintiff/Petitioner respectfully asks leave of court to obtain service of the Complaint in the instant matter upon the Defendants/Respondents 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 ~j.I-' ~ Robert L. O'Brien, Esquire 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/gen Iitllindsay .pet 1 I II 11 - > VERIFICATION I verify that the statements made in the foregoing Petition For Leave To Obtain Service In The Above-Captioned Action To Quiet Title are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. ~.-Lf-L ~:~ Robert E. Linds DATED: If},/a~/oo ,'I Ii ;'J:< ;"",,,' ....." '-~1I-~J;..;..:- "':&..lMf-~"" -~.."l; .... ^-,- -h'-"~',,'-"< -< -- , -,~~,._' ~~",,",,~~ , ~h''''--i c_, , ' --- ,,*,.h';"-m~~' "-~ ~" ..-. "N..., 'li!i ' .,'. . ,-,; ~' -.,-. -,~", , ,-."...,;"M,~'<0-.-i"'- ~_,_ h'c.~. v, , " ., _.O'~ '~ ..J- ~" ,"~ -, ~ ~ ~ , - 41 - _ ~-"" ..; 0 ,-~, " -Il.o_ - h.. ~,...J .. "-,~.,.:L' "-.L -_'C< -'d ."!- -,,,_,,, -.c'," "tK_ ,"."_.,,~_n,"_'" ,_._...._'"-""" 'Wi':~; L t. t <, '-. ROBERT E. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-8838 JOSHUA GIPE, et al. : ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this .JL l\ay of March, 2002, upon consideration of the foregoing Petition it is hereby Ordered that service of this Complaint and other related matters, in an action to quiet title be had upon the Defendants generally, by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and Rule 1066-4. Said publications shall be by public notice by one publication in a newspaper of general circulation in the county and in the Cumberland Law Journal. The Plaintiff/Petitioner is directed to obtain service in accordance with the applicable rules on all individuals whose addresses and whereabouts can be determined after a diligent search. If no answer be filed or appearance be made a judgment be default may be taken against the aforesaid Defendants/Respondents, their heirs, personal representatives or assigns. BY THE COURT, I .3//1 - C1p'l PElUf>AJ:;;[{Y 9/~fJU( ~~ff)~ (j 'Ra.J~ II " Je'"'' -""" "'''c_ ",~~"" ^ .., ';: \^ - ,^ ~~, . ',," - ~ ~ ^ "'~'=' "- I~f 0':: ~^. n, t'f;t) I () '-'... 11'~.ii 0 Ii J: '; r;U;\;!;2~>^'c:>,) CC\J:\Ty t'tiW\0 )'-L.\-~~iVIA " " r'~ -,.,:,--:ijllijjlj=,,: !jj,!- .'-," :Jf~Mlr/Jl!(~~,~~lI!l ''1";'''''''"'''_~'''~''''''''~"''~'''_ - ,',:i '", '-"',-,,", ".E'c'_ ,'-'''-' ~<""t'"';;-:-\-""~ '>t' ,~,_ ~'.,~" ._" ,-.~ ~'j"",,~;';"tl'nujfi_'ij{t~',~~ ;i~>'f ~~'; ,- ,W . '--, ..~~~ "'"_.'_O'~~_"="~;'"' ~; i , . . , 't. ROBERT E. LINDSAY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8838 JOSHUA GIPE, et al. : ACTION TO QUIET TITLE PETITION FOR LEAVE TO OBTAIN SERVICE IN THE ABOVE-CAPTIONED ACTION TO QUIET TITLE 1. Petitioner is Robert E. Lindsay the Plaintiff in the above-captioned action. Plaintiff/Petitioner on the 28th day of December, 2000, filed with the Prothonotary of Cumberland County an action to quiet title whereby he requested that title to the following three tracts of ground be quieted and that it be determined that he have sole fee simple title to the same. Tract 1: All that herein after described premises and lots of ground with the appurtenances situate and being in the Village Df Springfield in the township of West Pennsborough County & State aforesaid and bounded as follows by Lot No.1 bounded North by land of Mrs. Jane Sharp West by Jacob Keller's heirs South by Robert Young's heirs and East by Water Street and containing forty six by sixty seven feet; Lot NO.2 bounded North by big road West by Alley South by Jacob Myers and United Brethren Church lot and East by said Church lot being six hundred and forty seven feet long and sixty-seven feet wide. The above-described lots are part of the three lots deeded by deed poll of Sheriff Dunlap to Joseph Kenege bearing date the fifteenth day of February, A.D. 1831, who by his indenture dated the tenth day of March, A.D. 1835 did convey the same to Daniel Sweigert a party hereto. Reference being thereunto had will fully and at large appear. Thereafter, on March 8, 1863, the same premises were conveyed by Daniel Sweigert and Elizabeth Sweigert to Joshua Gipe, which conveyance was not recorded in the Cumberland County Recorder of Deeds office. Tract 2: All that House and Lot situated in the Village of Springfield, Township of West Pennsborough County of Cumberland and State of Pennsylvania. Ii .' . . ~ - ~ ~-~ " ',_'_ ., -~I 1-,- '"-~ '-~"', '" '''-'"', _~_,w""_' "- ~"""""",-. "'i!lli~-.-t;i " . . i i '-- , ,. BOUNDED AND DESCRIBED, as follows: On the North by Main Street, On the West by lot now of George Gochenauer, On the South by an Alley, and on the East w.G. Thrush property now William Johnson. Containing feet. feet in front on Main Street and extending in depth Being the same property that was conveyed by William Green and Nancy E. Green to John C. Lindsay by deed dated March 1 st, 1919 and recorded in Cumberland County Deed Book T, Volume 8, page 115 on March 18, 1919. Tract 3: All that certain messuage and lot of ground situated in Springfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: on the East by lot of Mrs. Joanna Lindsey, on the South by an Alley; On the West by an Alley; and on the North by Main Street. Being the same property that was conveyed by Harry J. And Lovie M. Robinson to John C. Lindsay by a deed notarized April 13, 1920 and not recorded in the Cumberland County Recorder of Deeds Office. 2. Many of the aforesaid Defendants/Respondents are either dead or their whereabouts are unknown. To the extent that the whereabouts of some of the Defendants/Respondents can be ascertained service will be made in accordance with the applicable rules. Attached hereto are photocopies of Receipts of Service and Releases of Interest for as many heirs as have been able to be reached by mail. Despite mailings on two separate occasions, several heirs have not responded. 3. Attached hereto is an Affidavit which outlines the various limbs and branches of an extended and large family tree. 4. Petitioner/Plaintiff pursuant to the aforesaid Affidavit and after making a diligent search and inquiry is unable to ascertain the present whereabouts of many of the named Defendants/Respondents and/or personal representatives of the same, many of whom are deceased. II II _+,"", '~"', 'J ~I I .o,"__~ .. ,,~ -.,=.',",,~< .." ~<'"'< _,=_ .__=_ ., "-, ,.''- "-;";'~".~h)-, . {. . 5. The total value of the land subject to the quiet title action is no more than a few thousand dollars. The Plaintiff/Petitioner has been paying the taxes on these lots since his return after his service in World War \I and wishes to have a court order to clear up the matter of the title to these properties. WHEREFORE, the Plaintiff/Petitioner respectfully asks leave of court to obtain service of the Complaint in the instant matter upon the Defendants/Respondents 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 ~ ICO~~ Robert L. O'Brien, Esquire 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/genlitllindsay2.pet II n ~ ~"M'"-'=.-" ~^__. ~. :' 1_ '-';---,;-." , " ",',-q-=-',- ",-"."-'~' ,~,,,,,,"', '""A-~',,,"~' '__,","..,n.";"'" " ''-''t:.--;,~'' ;,1,~ 4 <' . VERIFICATION I verify that the statements made in the foregoing Petition For Leave To Obtain Service 1111 The Above-Captioned Action To Quiet Title are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !l4904, relating to unsworn falsification to authorities. /,LJ-~~ DATED: O.j/07/()fJ, II !! ~ : i II - . ~...""-~ ........ ~~ ~." - '" -"~ '- {: t RECEIPT OF SERVlCE AND RELEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: '-o;~ C tlt ~, /;~ C//f~, Date: (J1' i ,2PO) lIl?!em /I IV c, /11 {) w ;; R Sc- printed name rlo.dirfgenlitllindsayservice.rcp -'~-:;,: <' " " ~ i: ii II I: ii Ii , tl " 1[\ " ,i Ii l: I' "->~ -. " ~. ~ "" , 11 'a ~~~Il!i"""'--'"'~'-'~~~' (' i. ( ~ ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: JJ;-.4Ij~. f( /{l ~' J;' Date: L/~ c4 a:> / Il~ C,/y~ )'y0,.rf)/fl-/)/ c" /)1c)b/FP..:~ printed name . rlo.dir/genlitllindsayservlce2,rcp ...~-'- . ~-, ,-I .1 ,~" _~U'" ~ .Iii~t'..ilij{-' '_r.~-~"):~~dt!;i!llJt"- .: i ( , ACCEPTANCE OF SERYlCE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. ~ tJdA.I'~ -/ It/if .1. v-~~ y. I.. j.. M- H fI. 1;1:, t.fk. printed name 1(, Date: 0/02- / ~() i.J / / . rlo.dir/genlitllindsayservlce2.rcp "< . ~ ; " "' - _J. ~~ ~. ~ "" h of ~ ~ HI' . '~~~>M~'!"W!" " < t, RECEIPT OF SERVICE AND RE-LEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township. Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: &J~J!~Jl Date, ojl) ~AD / - , (~/LL/A/VI /..~Il.~ printed na JI()",r~ V /'/;e. ( . rlo.dirlgenlitllindsayservice.rcp .~ ~ ~ -"'"' .~-'-~~~ ~*:" ( # . RECEIPT OF SERVICE AND RELEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. ~_a ,g~ Date: g-Clb -tJl LJe#JI/s Z_ O/ft//f printed name . rlo,dir/genlitllindsayservic:;e.rcp "'- ~, "I ~'J ~,i_>_" J.-ii:: -~' '"'~i~t" ( .. . ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: ~,J!. ~ Date: f7-CJ6 -0/ oeAJNI$.2:, t)Jft//s printed name . rlo.dir/genlitllindsayservice2.rcp "~~. ~ ~~." .,~, 1 '"' ~i -~-:tl;jlJJ~ .il~I~~ik' ( RECEIPT OF SERVICE AND RELEASE OF INIEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in, the ,action to quiet title docketed to No. 2000-8838. The .-. ,- ' .- ~ undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: ~c.~ Date: 1......5',- D) flaf'o{d 5. Mowe.rs printed name rlo.dlrfgenlitflindsayservice.rcp - ~ ~M__-rll~iIIJ!'I'Il~.t~i.tl>l~&~'~ ,. . ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a,copy of the first , Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: ~~~/ 4.... f!'7~D) Date: D. ;). H:;} Y"D ~J fi.. MD uJoe. Y'S printed name . rlo.dirlgenlitllindsayservice2.rcp = ~- 1_ JL.~ '1 ' - ,~ ' ~"" ~~1lIWil.~'\l~:i1i~t,~ , RECEIPT OF SERVICE AND RELEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to RDbert E. Lindsay the Plaintiff in the action. WI NESS: Date: 'F /(0/01 ~ , ./l ~J III 19co1:} I/J 1-1 NAJ !;;..lL2:2 _ ~ printed name , r1o.dlrlgenlitlllndsayservlc;e.rcp -""'-~'~IiY, . ( ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WI NESS: ~ Date: 8'"/t:>Jo/ . @eo..eIt:I# jJ~1tJ ~(H U . printed name rlo.dlr/genlitlllndsayservice2,rcp " ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: fJ"ffr ~ --- 8 dDG m. rn If fl.cA . Date:~. ~. ~OO/ E TIJe..( 1'11. IJJy p ~ printed name . rlo,dir/genlitllindsayservice2.rcp "'. - ~, '-',"~. <""--"-joj,. { , " ~~~"' -~ .~ 4ilj~W'f:Hif\i&-c' , RECEIeT OF SERVICE AND RELEASE OF INTEREST The undersigned aCknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: I~ ~o,,~ t~/~, rn. !bffA~ ---- Date: ~ ?}, ;)ad } ki h e. / (/1, IV1 V e. R') printed name ' . rlo.dir/genlltlllndsayservice.rcp ",..-~ " 1 - -j-,. - -. ~~~(.f,~ ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. :+>. D.(i . 5Fc('G 01~ ~ss: ~~ .~~. Dale:.4r1 W" eJOO) rlo.dlrlgenlitlllndsayselVlce2.rcp ::r Sto NJ1.(2.. . 3~~~ Df1Nld~.3tOl\J~ ,Yuron E /:/(2/)?(101 printed name ' . ~ '" "---- -". ~~~ ,~,_. ~,. '"""""'""""~,~lt;i RECEIPT OF SERVICE AND Re!,..EASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right. title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. PO A ~OQ. IA.J J~,..jl~ +: i>TON f3:;rL D~ Jkg ro, ;)(X) / , J)A,.J; e,) ~,~()t.le)) ~/V1J1N? E f/emU1Q printed name ) rlo.dir/genlitlllndsayservice.rcp M~ " - -' . ~~" --""- 'nl~n.w.!\I;~~-ooIitIli;Ii<o' , , . ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. zss: f 1;~ ~G-<~G - ~J~ Date: >i-It) ~tJ/ 110 to II /l1J .::r: t-ifll D SAY printed name . rlo.dir/genlitllindsayservice2.rcp , ~~. ~~.~"~ , . I 1 ~. ,~ , ~~ -........ " ~W Ililll!lli~tillllril!jjl'i_~hic'i ! RECEIPT OF SERVICE AND REb,EASEOF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of larid identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. !Z-ESS ,~~,/~~ ~;. ~4?~~/ Date: Sl~ /0;: - /') I /10 oJ ff;eIJ ::r: L I IJ D 5~Y/ printed name . r1o,dir/genlitllindsayservic:e.rcp '" "~- ~- ~ "~ -, - ~"~.~ 'ji- , "----'..-'''1 ACCEPTANCE OF SERVICE The undersigned. acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: ~a~t~/8~.. Date: ~ -/0 - Clo t1 I fJ119-1!.(j.4te. E..! ~ Bp/-k ~''-- printed name rlo.dir/genlitllindsayservlce2.rcp ""'-~ .. ~ I o r~ "" - ~-'~~4;;'lil>>l!ll14Ij!ii!l';">! I I I . I I , j RECEIPT OF SERVICE AND RELEASE Of INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. YJ.NESS: j;;-/~;11 ) eX. C;tu e.l... /7?C~0cd~. Date: -'if-IS'-cJo tJ ( , .--- ' lJ14 R.~ ff rL E. / B /9-HE:!.. rL- printed name rlo.dir/genlitllindsayservice.rcp ~" "~ > 0:. """",",,'~~ -"""'~i,s-; I , > . . ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: Date:Og--- /7' - t) / ~ J.. /-I~ AA-I A-- G ~I .Il1Y7 /1IU-h V I~ IE I/~ /1. /u gtlA/ printed name , rlo.dlr/genlitllindsayservice2,rcp ~ ~ - - ,- "" . -DiI-"'- ~ "~'~ll._- --~~_JW.;j[f<iI"ij!!ll!;-M'L I RECEIPT OF SERVICE AND RELEASE OF INTERES't: The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waivilJg any right, title or interest that they may have in the three tracts of larid identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: t:li!!! 1- II t! ~ C IJ--tuvvJ Date: {)f~ / 5-'" 0/ Itlf t-hl/ /.- ;:; IItJRA( ';/JIY printed name . r1o,dir/genlitlJindsayservic:e.rcp , RECEIPT OF SERVICE AND REl.EASE OF INtEREST ~- -.... .-.. .' The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2.000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. Date: ? /J<y //1 on I WITNESS: ~he{Ar r/lDLtfCf printed name q 'P~~ rlo.dirlgenlitllindsayservice.rcp > . ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: ~herT E. HoLt!":! printed name Date: ? /J"II~"'n I I " ~ Robert E. Holtry Q ,J509 Plsgah. Stale Road . ----,--'-'-'--'-- /7 ~ - /} . ;;'- · ->::17!)jl(V'~:'~," " -'V'U! ~ . '-~"";,,"~fi~. . r1o.dlr/genl illllndsayservlce2.rcp ~~'-'.- " ~ ' ~1liIliill_~~.w' , ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: W&r J(S-Qr/ d1~ ~i:l/h1I1'/t~-/i. L-/ 4~ -1-"'-.;; It. ".;>.00/ ~A",~ssAmt {/z Li,~d S)2-~ kft btJrFR...s printed name I . rlo.dir/genlitllindsayservlce2.rcp . " '""'"' - I ~~ ~<,,_"'~~')~~ ':;;'!lii~~lltl!'i RECEIPT OF SERVICE AND REL.EASE OF INT~REST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further aCknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: ~~p~ , ;j11~ ca.,., ,,-1'J.J~It/~~ Dat~ J (, rP d..tJ CJ ( NA--NdC-sffn-n...tn J.nv.L<:. ':=:17 tfU, /JjJt:-If'{ . printed name . rlo.dir/genlitllindsayservlce.rcp ~" J I ~ , , - ^ .,~' ~;.,j~~i.'""'~" ~,.:- ~ -. "-""J.~Ji: , . ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy ofthe first Amended Complaint in the action to quiet title docketed to No, 2000-8838. WTNE$, ~~ Date: I2u.II 7, ~ OQ I Harold M. Lindsay By: Wilma J. Garman Attorney-in-fact printed name . rlo.dlr/genlitllindsayservice2.rcp - --. .J _l",~~ , ~, ~ c_ Jlr~~ ' ~~j/o~_lc~lI~~.:'L,t;~rl~~'Mt{,-i , " RECEIPT OF SERVICE AND RELEASE OF INTERESt The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right. title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township. Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. ~~d /J1.;;(~ ~~c./9.-4~ ~ ~-- f7<c:r- Harold M. Lindsay By: Wi lma J. Garman 'Attorney-in-fact WITNESS: Date: av-q , {I l7,dloo / printed name . rlo,dirlgenlltlllndsayservlce.rcp """'- ," ~ ~.L. _" - " - I ._- . '~'~ii!l'oilll'~ -""'~,~~" -~ JiIJ ''Ttr-1Trt'1l~, RECEIPT OF SERV\C..E AND RELEASE OF I~TEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: (\ -71~ 9-~r., '? a~ 8.. L ~Q..u t7 Date: ~ - I c; - 0 I J~e..s E )I'M. l /)9-lIi S printed name . rlo.dir/genlltlllndsayservice,rcp .........0" ~ -lI!Ili= .- ~ "'''''~O ~~. 'o~~~11!l - ~'-""2~0i; , . ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: !J/~ I hr ~ 1~7 r Date: rr 11- 'Lobi W,/- /J11 1../11 j OH , printed name / . rlo.dir/genlitllindsayservice2.rcp .~ . - ="~ -~. ~ ,,-, . ',~~~~~~~i::~: RECEIPT OF SERVICE AND RELEASE OEJNTEREST The undersigned acknowledges that they have received a copy oftlfi!first Amended Complaint in the action to quiet title docketed to No, 2000-8838. The undersigned further acknowledges that they are rele~sing and waiving any right, title or interest that they may have in the three tracts of iil1d identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: 14 YX-~ Date: ~-lq-7-oot JIA B Y II\. L / n d. $-'1 . printed name rlo.dir/genlitllindsayservic:e.rcp ~""~ ~, '--' " ' _ ........, 1. '~ "' ".~ - ~~;, '-lJi1,~~~&;;; ~ -~ - RECEII~T OF SERVICE AND ~eLEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. ~dAjl~~ ,c&.9"z. Date: ~lr::d-: /'1; (J(f)! JR&>LJ/hjdu ) ~& XeZ printed name rlo.dlr/genlitlllndsayservlc:e.rcp ~ " ~." ~ ,-. - ~~""~ ~ - , "C__'IlI' ""---''lI~~" '" , I, ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. :ps:~ IJ ~hf~ '~~il ~~~A~ Date~/'(,.%})/ J~ \.~/i-lZ~ ~ rJJld{~, printed name rlo,dir/genlltllindsayservlce2.rcp ~~" ~ -. .-~,~'"-. ~,-- ':Ilii!ld ' ~~ "- ~-~~~~-!'S..ii+~~1W!'~"? 1 RECEIPT OF SERVICE AND RELEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first ' Amended ComplaintinJheaction to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to aCknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: ~YL;""'7 ~~ Date: F - :0 - 0 I 11UGIAS R.. LhdSaj printed name . rlo.dlr/genlitllindsayservlce,rcp ~, - --'-- ,~ .....~ j . ~..... - "' ~ I ~,. r~-"'iM- "h~"~~MW"i ~ ,. RECEIPT OF SERVICE AND RELEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: D.",1i Y /~ 1-1~J ~If ,u /II/,t'jA'bc;/:.. printed name rlo.dir/genlitllindsayservil;e.rcp - ."-""","",,~ ,-,-, 0' flbf~~k~~2 RECEIPT OF S,ERVICE AND RELEASE QF IIne.REST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right. title or interest that they may have in the three tracts of larid identified in the Complaint and located in the Village of Springfield, West Pennsboro Township. Cumberland County. Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknoWledge their release in cOnnection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: Date: It) -1/;' Cl ! 5~Vt'N J-lfI/~SIf'l printed name rlo.dlrlgenlitllindsayservic:e.rcp Ii"'~~ ,=-"~ "~ -" ~ '"~ "~-..-." -~~ ~~ llJil,.~_:ti&! Jih: '.lllL~ '~'"- ~J:~~~jl-j''i!fl~P.k'" RECEIPT OF SERVICE AND RELEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: 4'-L<- Q. ~uJ lo/;~ !o { , ~ Jr!/Jn;"" Date: ~ /I. T /HW'iJ:. printed name r1o.dir/genlitllindsayservice.rcp ""'- ,~_. ~ . J, ~, "...,-~ ~ I ~~ ~~, '.~ ,~' '''''''<' ..~ .~>U'"'" "'i~~~~';' . , ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: C}u a, ~ /()~t; !or , ~/(~~ Date: 'J[.FF /{E. Y I( 174f(.f1l/:.. printed name . r1o.dlr/genlitllindsayservice2.rcp -~, . --~ "~'.,,~, '.. ... - U"~ ~ ~ ~ "~'iiili. -rrlfWIt- ."'~"'lIIlIiadl~l1i--' RECEIPT OF SERYI~E AND RELeASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: '1L ~L~ '171YbJh- ("P1~ U.JZ"t /fY7..-~ Date: ) - I Lf - b <-- r:l-.,q~ LeS -:::r. Mct;.Lwt...--L printed name rlo.dir/genlitllindsayservice.rcp ~~' "~, ' - ~~. ~~ .....~u-'" . . ~~~i8i'j';'I~',;"i;MiihL;;;'l",j,;,_ ACCEPTANCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: " aA.tA/J. ~~.nJ... Date: ) - ) t/ -'0 L rh+J RL~s -;:r: Me.. EL\Nt..~ . printed name rlo.dlrigenlitlllndsayservlce2.rcp i"-', ~-- ,~ ~ I . ~, "-- '" 1- .- Ilij"" ~ ~ ,~ ,. -' -""""' ~~ -~ .' ~~ "l1!ID.\Iiiv<' RECEIPT OF SERVICE AND RELEASE OF ItITERESt The undersigned acknowledges that they have received a copy of the first Amended Complaint in the actiDn to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to RDbert E. Lindsay the Plaintiff in the action. WITNESS: O;:~e.~<:.L f.-J. ~. r (:ydAj ~4~ Date: ,~.?' ft Z- (I./,4ljHI/J. 1:7LIIJI/S3 pnnte name . rlo,dir/genlitllindsayservice.rcP l.~ _h' " ~--,,~ - ~ h . .~ .<-, .. ~~ '~-kJii~fj'rll!lll"'~~ji, RECEIPT OF SE~VICE AND RELeAse OF INJ.!;~EST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township. Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. Date: 10<-3-0 I ~ WITNESS: ~ ' ClOt&- d /Up#l'~ I printed name rlo.dir/genlitllindsayservlce.rcp , .-, ~ "'=,""-.li"'''''-'~~H'! , ACCEPTANCE'OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: Date: /c2-8-o/ .~~ /lIl.AlltMM.~ printed name . rlo.dir/genlitllindsayservlce2.rcp ~ - ~-~~~---~ ~!.. " . ~-- ^ ..~-"'-_ ~~~iI!ll'"""'_Ml'~i'" ACCEPTANCE'OF SiRVlqE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: ~/O/ q.-~ ) '''''41 CL t?, d4~ - Date: ~,~f<<-_ printed name . rlo.dir/genlitllindsayservice2.rcp d_d .. "~~ -'-'---. ~ "'=" ~",~O ""JI--~Iil~~t!ii, RECEIPT OF SE~VICE AND RELEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: arL 9- A><4A ~ Date: /.;/',kl I / J J ~ ~ ~p /t--;'/1'g~ ~. &N printed name rlo.dir/genlitllindsayservice.rcp ","~",",~" - ,. I" . ~ ~-. -""< ';'~;!t,"<lii~~I\,"',i" ACCEPTANCE .OF SBRVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: ~ Date: /2- 7- LCrlf/ { I j)6U#):J L. L/.:rr/~' printed name rlo.dlr/genlilllindsayservice2.rcp j , c'_ -, ~""" - ,~, ill~Ul>'IWi(~W~l@~i . RECEIPT OF SERVICE AND RELEASE OF INTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township. Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: <ft:~ffr '7 Date: /:2 .,7-- 2t::/?3 J , .. , JJaNII/d OJ.. L;/'IJs~Y pnnted name rlo.dir/genlitllindsayservice.rcp ~" ~_lK ~.." -~ ~. -~-'" ~ lli'"""." w~'~&wG~%t BECEIPT OF SERVICE AND RELE'ASE OF LNTEREST The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. The undersigned further acknowledges that they are releasing and waiving any right, title or interest that they may have in the three tracts of land identified in the Complaint and located in the Village of Springfield, West Pennsboro Township, Cumberland County, Pennsylvania. The undersigned further authorizes the Court of Common Pleas of Cumberland County to acknowledge their release in connection with awarding title to the three tracts of real estate to Robert E. Lindsay the Plaintiff in the action. WITNESS: ~\~ ~ \ c Date: /2 - l,e;: Ll } .... . JO If 11/ E. ff- d L Tlf JI printed name / rlo.dir/genlit/lindsayservice.rcp IIolblUi~= ._ ,r. "~. ~~ -Ml'"'''--.-'~~"( ACCEPT~NCE OF SERVICE The undersigned acknowledges that they have received a copy of the first Amended Complaint in the action to quiet title docketed to No. 2000-8838. WITNESS: \:l~ \~ Date: J ).- IS:- () / ~ . tfo fI i'/ .I::: . Ifo 1. lir V printed name / rlo.dirigenlitllindsayservice2.rcp f ~" ,"'-> " - .-."< , ,'._~,",. <"__' '_ - "",_;~ ,,' ,_ ",n. ,,:., "",;_.. ,--- -.,'> ,~i:_ ,(', , ;, , - '- 'f.:l!Mo'l-~,_ ROBERT E. LINDSAY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8838 JOSHUA GIPE, et al. ACTION TO QUIET TITLE AFFIDAVIT IN SUPPORT OF SERVICE BY PUBLICATION TRACT NUMBER 1: Your Affiant is Robert E. Lindsay, the Plaintiff in the above-captioned action. Based on a clearer understanding of the inter-relationship of the people to be served in the quiet title action I have filed an Amended Complaint naming additional individuals. The one tract of land identified in the Complaint as Tract NO.1 was transferred on March 8, 1863 into Joshua Gipe. This conveyance was not recorded in the county courthouse. Joshua Gipe died on April 14, 1891. The Cumberland County Register Of Wills office shows that letters in the estate of Joshua Gipe were issued to George W. Shartzer on November 19, 1892. In Joshua Gipe's will he gave a life estate in all his real and personal property to wife, Martha, and at her death the property was to pass to his daughter, Rebecca Gipe Shartzer. Joshua Gipe's wife, Martha was born in 1819 and passed away in 1892. At that point and time, one hundred percent of the ownership of Tract NO.1 vested in Rebecca Gipe Shartzer, pursuant to the provisions of Joshua Gipe's will. Rebecca Gipe Shartzer was born in 1849 and died on December 25, 1926. , .. " , .. " .. .. ,,--, "'",, , . ;c-. " ,,~,l " "" "0- .. ;'.' '~-:",i>/: ~l~_~)j , .. The Cumberland County Register of Wills office shows that Rebecca Gipe Shartzer died intestate and that Flora A. Shartzer was appointed personal representative on January 21, 1927. Rebecca's husband, George W. Shartzer had predeceased her in 1919. Rebecca and George had five children, Flora Agnes Shartzer, born in 1867 and died in 1955; Elmira S. Smith, born in 1871 and died in 1957; Martha J. Lindsay, born in 1869 and died on June 10, 1910; George E. Shartzer, date of birth and death unknown, although he is believed to have left the area in 1931 and was reported to have moved to the Slippery Rock area, and Alice Shartzer Mowers, born in 1880 and died in 1950. According to intestate succession in Pennsylvania, Rebecca Gipe Shartzers' interest in the property would have passed in fifths to these five children. THE HEIRS OF REBECCA GIPE SHARTZER: George E. Shartzer was believed to have been born in the 1870's. Family records reflect that he was a vagabond and was reported to have settled in the Slippery Rock, Pennsylvania area. The Plaintiff has traveled to the Slippery Rock area and checked the cemeteries to see if a marker for George E. Shartzer could be located. The Plaintiff, Robert Eugene Lindsay, Sr. was born in 1923 and recalls his uncles departure. The Plaintiff has maintained contact through the years with all of George's sisters and other members of the family and no one knows what happened to George as he stopped all contact with the family. 'This is one of the individuals and his heirs which the Plaintiff seeks to serve by publication. "'"~ ... .. ,---~ - , , ~- -,. - '- --. - ~ . -. ",,-- - ..- "-~"."'. -<~ ,",""',-- -;;,~ -'< ,-"'" , C, ';"~;:;'_l ,,'",'-;".' ":",~. -- '_~'"il!ill,.'~i Flora A. Shartzer was another child of Rebecca Gipe Shartzer and was the Plaintiff's aunt. Flora never married and had no children. Flora was the individual who received the letters on her mother in January of 1927. Flora was born August 13,1867 and died May 29, 1955. She died in Cumberland County and the Cumberland County Register of Wills office reflects that no application was made for a personal representative to be appointed. Accordingly, her one fifth interest in Rebecca Gipe Sharzter's property would have passed to her brothers and sister or her nieces and nephews. Elmira Shartzer married Charles Smith and they had two children, Arthur Smith and Rhoda Smith Horner. Elmira Smith was born in 1871 and died in 1957. The Cumberland County Registers office indicates that no estate was opened. Elmira Smith survived her husband who had died in the1930's. Accordingly, her one fifth interest passed to her two children, Arthur Smith and Rhoda Smith Horner. Arthur Smith died in the 1970's in Cumberland County and the Registers office has no record of an estate being opened. Arthur Smith had one child, Charles Smith who had moved to the West Coast and died in California in the 1970's and whose body was returned to Cumberland County for burial. Charles Smith had married a woman, Ethel Smith whose whereabouts are unknown, although the Plaintiff does know that she has passed away. The Plaintiff is unable after his close contact with the family members to account for the fractional share which would have passed to Charles Smith upon the deaths of his parents or to his wife, Ethel Smith. All family members with II Jlll-~ . ,..- ,=- .. "- ", - ...=-,- ., .'- '.'", >"-,0-'- --",,~,'J... .. "!'l:-iinl.'!U:ij whom the Plaintiff has maintained close contact have no idea where Ethel died and whether or not she had any relatives surviving that would take under the intestate law. Service of these unknown and unnamed individuals are requested by publication. Elmira's other child was Rhoda Smith who died on March 27, 1989. Rhoda Smith had married William Horner and her interest in the real estate would have passed under the residuary clause of her will, which will is recorded in Will Book 110, Page 368 in Cumberland County. There were seven persons identified under the residuary clause, five individuals and two churches. Attached hereto and incorporated herein is a copy of Rhoda Smith Horner's will and Schedule J indicating her beneficiaries. The Plaintiff will attempt to obtain releases or service upon the two churches and the individuals to the extent that these individuals can be located. Martha Jennie Shartzer was the mother of the Plaintiff. Martha Jennie Shartzer married George W. Lindsay and they had three children. Martha Jennie Lindsay passed away in 1910 and was survived by her husband and the three children. The Plaintiffs brother, John McKnight Lindsay was born on January 5, 1908 and died on July 21, 1975. He had married Nellie Mae Lindsay who passed away on December 25, 1983. An estate was opened to No. 21-84-68 and her interest in the real estate would have passed to her children, Donald Lee Lindsay, born in 1934, Ruby M. Lindsay, born in 1937, Cynthia Lindsay, born in 1940 and Johnnie Lindsay born in 1942. It is believed that the Plaintiff can obtain service and/or releases upon Donald, II Ruby, Cynthia and Johnnie who all live in Pennsylvania. " II 'I II .~" - "' ~ .~. ~ -- ~ -, ~ ' . _.i_,,_ ._"_,T;","'~'_ ,-v ",,-. >JJ; -,'-- --, "",~".:...--: iiiMif "~on -' -,',-'- -~', -'" '--'7' . ,',--., The Plaintiffs other brother, George Howard Lindsay was born on June 3, 1910 and died on April 12, 1983. George married Louella Burkhart Lindsay and she died on December 9,2000. An estate was opened in Cumberland County docketed to No. 21- 2000-1078. There was no estate opened for George Lindsay and it is believed that his interest in the property would have passed to Louella. George and Louella had three children, two of which predeceased their parents, Janice in 1969 and Ray in 1975. One child survived and that individual is Howard J. Lindsay. Howard J. Lindsay lives in FI.orida and in Pennsylvania. The Plaintiff believes that he can locate Howard J. Lindsay and obtain service of this action. The fifth and final child of Rebecca Gipe Shartzer was Alice Shartzer who married James Mowers. Alice was born in 1880 and died in 1950 survived by her husband who died in the 1980's. Alice and James had nine children. Her nine children were Ralph Mowers who died in 1982, Esther Schell who died in the 1970's or 1980's in Dauphin County, Ruth Mowers who never married but had two children. (One of Ruth's children was the Plaintiff, who as a child was adopted and raised by George and Martha Lindsay. The other child is Romaine S. Negley, the Plaintiffs half-sister prior to the adoption. The Plaintiff believes that he can obtain service and/or a release from Romaine Negley.) Another child of Alice Shartzer Mowers was Herman Mowers who died in Perry County. Herman Mowers married but he and his wife had no children. The Plaintiff has no idea of the whereabouts of Herman's wife or if she has died. I I' Ii , Raymond Mowers, another child, died in 1957 in Cumberland County. The Cumberland !i JI ., ,'_n ....'--- ,---" "" ,,- ,-c-..,;\ _ ,_-.',_ ,I"'_;';;__.'~."'\,""':"""_,,,,~_,,., ~'-.;>'"~~ , , County Register of Wills indicates that no estate was opened for Raymond and the Plaintiff knows that Raymond never married and never had any children. Service by publication for Raymond and his potential heirs are requested. Melvin Mowers died in a hotel fire in 1969 in Chambersburg, Pennsylvania. Melvin also never married and had no children. Accordingly there are no known heirs of Melvin and service by publication on Melvin and his potential heirs is requested. Harold Mowers, Rachel Mowers Horn and Norman Mowers are all living and the Plaintiff will attempt to obtain service and/or a release from these heirs. Rachel Mowers is believed to be living in a nursing home. The Plaintiff believes that Rachel Mowers had four or five children although there present whereabouts are unknown and accordingly if he is unsuccessful in locating her whereabouts he requests service by publication be made upon Rachel Mowers, her heirs, guardians and/or assigns. TRACTS NUMBERS 2 AND 3 The Tract Nos. 2 and 3 in the Complaint will be referred to as the Lindsay tracts. At the present time these tracts, like tract No.1, have no structures on them and the Plaintiff has been paying the taxes on these properties since the 1940's. Tract NO.2 was conveyed to John C. Lindsay on March 1, 1919 and was recorded in Cumberland County Deed Book T Volume 8 Page 115 on March 18, 1919. Tract NO.3 was conveyed to John C. Lindsay by Deed notarized April 13, 1920 and recorded in the Cumberland County Recorder of Deeds office. The Plaintiff is a grandson of John C. Lindsay. John C. Lindsay married Joanne McKnight Lindsay and they had four II '----'-g;a'*;, , , , , , , children, George W. Lindsay, Margaret Ann Lindsay McElwee, William C. Lindsay and Mary Jane Lindsay Hoppis. THE HEIRS OF JOHN C. LINDSAY: George W. Lindsay was born in 1885 and died in 1949. He is the father of the Plaintiff and had married Martha Jennie Shartzer who was one of the heirs of the Gipe tract. Fractional interests in all three tracts arise due to the relationship of the Gipe/Shartzer line and the Lindsay line. Accordingly, the information in reference to the heirs of the Gipe/Shartzer line of the family appear on the earlier pages of this Affidavit. Another child of John C. Lindsay was Margaret Ann Lindsay. She was born in 1886 and died in 1921. Margaret Ann Lindsay married Charles E. McElwee who had been born in 1887 and passed away in 1923. MargaretMcElwee had five children, Blanche McElwee, Margaret Lorraine McElwee, Charles Earl McElwee, Anna Jane McElwee and James Clair McElwee. Attached hereto are copies from the Lindsay family history outlining this branch of the family. Blanche McElwee was born in 1909 and married Vernie D. Myers, Sr.; Margaret Lorraine McElwee was born in 1914 and died in 1966 and married Ira Philip Davis who was born in 1913 and died in 1955; Charles Earl McElwee was born in 1917 and died in 1923; Anna Jane McElwee was born in 1919 and died in 1970 she married Merle William Davis born 1926 and died in 1975; James Clair McElwee was born in 1920 and married Opal Irene Shultz born in 1927. I! II . - _", J ." , ''_ "", >-"" ,"0. ,- .,~-" - , ,-", ' >, .,:, o:~- 'C_, -'ii;:; .,-, '-Idliil:L, \ I , I \ , ' . , < The five children of Margaret McElwee had collectively fourteen children. At this point the original one quarter interest of Margaret Ann Lindsay McElwee in these two small unimproved lots has become anywhere from a one twentieth interest in her children to a one fifty sixth interest or greater, depending on the number of children each child had, in Margaret McElwees fourteen grandchildren. Plaintiff believes he can obtain addresses for some of these heirs and will attempt to serve them and/or obtain releases. Nevertheless, he requests service by publication on this branch of the family. Another son of John C. Lindsay was William C. Lindsay who was born on October 3, 1886 and died on October 16, 1944. He married Stella Mae who was born on January 28, 1891 and died on November 20, 1979. They had fifteen children, six of whom passed away before William C. Lindsay died and nine who survived him. Two of the children are known, Harold Meily Lindsay and Frances Amelia Lindsay Widders. The Plaintiff will attempt to obtain service and/or releases upon the members of this line of the family that he can locate. Service by publication is requested on those he cannot serve or locate. The fourth child of John C. Lindsay was Mary Jane Lindsay who was born on September 9, 1891 and died on April 4, 1959. She had married Alfred Birton Hoppis who was born September 13,1891 and who died on June 15,1957. They had one child, Winnie Fay Hoppis Stoner born June 8, 1927 who is still living. The branch of this Lindsay family is also attached to this Affidavit. The Plaintiff will attempt to obtain service and/or a release upon Winnie Fay Hoppis Stoner. , il Ii _ ,-~ ,- :T~ y__~ -,~ ,,_.. _,___~__ _",_,_'" Co",', ;',~ ___;,;'"'_ qM:-, , , . " J ' ~ . , t CONCLUSION: Due to the large number of potential heirs that have small fractional interests in the three tracts of unimproved real estate, service by publication is requested upon all members with the understanding that the Plaintiff will exercise due diligence in serving all heirs he can identify using reasonable diligence. Attached hereto is a list of the addresses the Plaintiff has secured. /.LIL ~-~ Robert E. Lindsay DATE: 03/01/ Or;. , rlo.dir/genlitJlindsay2.aff I ~ J~""''!i . , , 0- '. '" ,~_,_~"'~ ',' ",~,,,, ,~,o ,'"--'--';jolii~i__Jrili~'_~i,lIii.iti1li;"'~.iiJ.~" >- t') ?-:: L.J_ ~, ~: ' , / [--, ;-~<( ~J~l ~,' t~;; ,. , _0"_ C\.. -- '-',;- '::"l::::J 'i'-C.- r- ~S~ Clr~ t..--r~ f- 0::: CC2 <.1;;.:; i-.f:5~ :'1: ::?: CJ C'J :-,) c:::> 0 ~ = "~ 4,,-,_,_ _~,,',,_ "_-'-~__1< ___"_ ~ W- ,~_ "'_',~,_c' '''''''''-':Uf '-,-y 1 . -- ~-~-, --" -~; " f - . . -