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HomeMy WebLinkAbout07-1597RODNEY L. DECKER, II Plaintiff No. VS. CIVIL ACTION - LAW WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION TO QUIET TITLE Defendants NOTICE You have been sued in court. If you wish to defend yourself against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Enos ? LAW OFFICES IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MID-PENN LEGAL SERVICES 8 Irvine Road, Carlisle, Pennsylvania 17013 Telephone: (717) 243-9400 RODNEY L. DECKER, II Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. : CIVIL ACTION - LAW : ACTION TO QUIET TITLE Defendants SCHRAGK & LI MINq NOTICIA Le Han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 RODNEY L. DECKER, II Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - I Sy CIVIL ACTION - LAW ACTION TO QUIET TITLE Defendants COMPLAINT AND NOW, this 11 day of 2007, comes the Plaintiffs, RODNEY L. DECKER, II, by and through his attorney, Schrack & Linsenbach Law Office, and files this Complaint and avers the following: 1. The Plaintiff herein is RODNEY L. DECKER, II, residing at 112 Old Cabin Hollow Road, County of York and Commonwealth of Pennsylvania 17019. 2. The Defendants are WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and all other parties of interest, all deceased, whose whereabouts and heirs are unknown. 3. Defendant is V. RONALD BROUGH, an adult individual residing at 266 Ore Bank SCMAM & Road, County of York and Commonwealth of Pennsylvania 17019. LI NS I.A+?,=W OFFICES 4. Defendant is the ESTATE OF BENJAMIN LEREW, deceased, whose whereabouts SOMAFCNKB & LM LAW Uthl 't; and heirs are unknown. 5. Plaintiff is in possession of real property located in South Middleton Township, Cumberland County, Pennsylvania, having tax map parcel number of 40-14-140-078, containing approximately 14 acres, 93 perches (the subject premises), by deed dated October 2, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County, Commonwealth of Pennsylvania, in Deed Book 230 at page 383, a copy is attached as "Exhibit A". 6. The subject premises originated from an 1867 survey completed for the Estate of Benjamin Lerew by Adam Brown and are noted on the subdivision plan as Lot No. 2 and Lot No. 3. A copy fo the Plan is attached as "Exhibit B-1, B-2, and B-3". Estate. 7. The tracts are orphaned parcels from original lands of Defendants Penn and Lerew 8. The subject premises has no owner of record, other than Plaintiff, according to the records of the Tax Assessment Office of the Cumberland County, Pennsylvania. 9. A title search of the property was performed and failed to reveal any other owners of record for the subject premises. 10. The last recorded conveyance which appeared to encompass the subject premises was the deed into Plaintiff referenced in the above paragraph and attached as "Exhibit A". 11. A copy of the survey of the subject premises is attached as 'Exhibit U. 12. The Plaintiff, as owner of the subject premises has been in actual, continuous, visible and notorious, distinct and exclusive and hostile possession of the subject premises. 13. The Plaintiff has been paying the real estate property taxes on the subject premises. 14. The surrounding property owners, other that Defendant Brough, by their actions, atone time or another, have consented to the boundary lines on the property. 15. Defendant is joined in this action as an adjoining property owner. 16. Plaintiff believes and avers that Defendant Brough believes and avers that his property covers some of the same area of the subject premises. 17. Defendant Brough acquired his property by Quit Claim Deed. A copy of which is attached as "Exhibit D". 18. Defendant Brough later reconveyed the property to himself by deed dated January 12, 1981. A copy of which is attached as "Exhibit E". 19. A Title Report on Defendant Brough's property reveals gaps in conveyances. A copy of that Title Summary is attached as "Exhibit F" 20. Plaintiff believes and avers there is evidence of conveyances out of Defendant Brough's property which reduce the acreage amount. 21. Those conveyances are delineated on Plaintiffs survey, attached as "Exhibit C" and noted as the Bond and Williams tracts. 22. A survey of Defendant Brough's property was completed by Stiffler on March 27,1965 showing the property as 28 acres. A copy is attached as "Exhibit G". 23. The survey completed by Stiffler and Defendant Brough's deeds failed to take into account conveyances out of the original 28 acre tract. 24. A deed plot of Defendant Brough's property is attached as "Exhibit H" 25. Defendant Brough's property is incorrectly delineated on the Cumberland County Tax Map. A copy of the map noting the Lot as No. 46 is attached as "Exhibit F. 26. Defendant Brough's property should lie along Whiskey Springs Road and actually overlap parcels 13-F and parcel 48. 27. Defendant Brough's southern and eastern boundaries, as well as some of the northern boundaries, match and fit along the corresponding boundaries for parcels 13-F and 48 also known as the Bond and Williams tracts. 28. A comparison of Defendant Brough's deed plot and Stiffler's survey with Plaintiffs survey shows Defendant's parcel should lie along Whiskey Springs Road and overlap Williams and Bond tracts noted on Plaintiffs survey. 29. The incorrect tax map, the Stiffler survey and Defendant Brough's actions have created &WAWK& ?? jxsacA a cloud on this title LAW OFFICES 30. The Plaintiff desires and needs to have his ownership of the subject premises as set forth hereinabove confirmed and his title to same quieted in order to obtain a good and marketable title. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree terminating all rights in which the Defendants, their heirs or assigns may have or have had, and further decree that the Defendants, their heirs and assigns be perpetually enjoined from setting up any title from said premises, for impeaching, denying or in any way attaching the Plaintiff s title to said property, from issuing or maintaining an ejectment action for said premises, and/or from encumbering, mortgaging or conveyance of same or any part thereof. Furthermore, the Plaintiff prays your Honorable Court to declare that title to said premises shall be quieted and confirmed that the title to said premises is in the Plaintiff and the Plaintiff alone, and further that the Plaintiff be allowed to enjoy said property without interference from the Defendants, their heirs or assigns or any other persons. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES BRIAN C. LIN BACH, ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 1701.9 Telephone: 717-432-9733 Fax: 717-432-1053 SMACK LE4 VERIFICATION I, RODNEY L. DECKER, II, Plaintiff herein, verify that the facts set forth in this document are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C. S. §4904) relating to unsworn falsification to authorities. RO NEY L. DECKER, II RCHRA K LM I,A a:VealesMDECKEROD.DED(amd) ROBEP,T I'. ZIEGLER- RECORDE-P, OF DEEDS ;UMBERLAND COUNTY-PA '00 OCT 5 RIB 8 03 TAX PARCEL NO. 40-14-140-078 DEED THIS DEED made this day of rr?, Cs'r e!?_, 2000, by and between RODNEY L. DECKER, II, single person, presently of 112 Old abin Hollow Road, Dillsburg, Pennsylvania 17019, party of the first part , hereinafter called Grantor, - AND - RODNEY L. DECKER, II, single person, presently of 112 Old Cabin Hollow Road, Dillsburg, Pennsylvania 17019, party of the second part, hereinafter called Grantee. WITNESSETH, that in consideration of ONE DOLLAR ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, his heirs and assigns, ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point which marks the common point of adjoiner of lands now or formerly of V. Ronald Brough, lands now or formerly of Harmon-Graves Company, and the within described tract; thence extending North thirty-four and one -half (341./2) degrees East 37.5 perches to a point; thence South twenty-three and one- half (231/i) degrees East 83 perches to a point at lands now or formerly of Marlet R. Kapp; thence extending along said lands South seventy-two (72) degrees West 33.4. perches to a point at lands now or formerly of V. Ronald Brough; thence extending along said lands North twenty-two and one-half (221/2) degrees West 60.6 perches to a point at lands now or formerly of Harmon-Graves Company, said point marking the place of BEGINNING. CONTAINING 14 acres, 93 perches according to a survey prepared by Adam Bi own, dated November 5, 1867, and being a compilation of Lots No. 2 and 3 as shown on said survey. LAW OFFICE W%t. D. SCHRACK, III IT BEING THE SAME PREMISES which Rodney L. Decker, Sr. by his Deed dated May 16, 1995, and recorded in the Office of the Recorder ofDeeds in and for Cumberland County, Pennsylvania in Deed Book 122, at page 221, granted and conveyed unto Rodney L. Decker II, the Grantor herein. 2 30 U1E 383 THE WITHIN CONVEYANCE is made by Grantor to himself for the purpose of combining the two parcels into a single tract. AND the said Grantor does hereby SPECIALLY WARRANT the property hereby conveyed. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. WI SS: RODNEY DECKER,H COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF _ On this, the day of , 2000, before me, a Notary Public, the undersigned office , personally appeared RODNEY L. DECKER, H, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here y hand and Not M* 1 Seal. NOTA Y C Lew OFF= WM. D. SCHRACK. III Notarial Seal Janet S.ggGore, (Votary Public My Comirnissronn EExpi Octtu26, 2002 Member, penny mla Association of Notaries c,)oK 230 P,;'Ut 384 I HEREBY CERTIFY that the precise address of the Grantee herein is: LAW oMCE WM. D. SCRUM II 112 Old Cabin Hollow Road Dillsburg, PA 17019 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ajLzl- W1VI. D. &SCH,RACK, III, ESQUIRE For the Grantee 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 SS. RECORDED in the Office of Recording of Deeds in and for Cumberland County, Pennsylvania, in Deed Book L?V_. at page 2•? , 2000. day of ?r WITNESS my hand and seal of office this 4 U P" Q!1? r r f V ?k y?? t_; .. .. -- ?' r .r ? 'fit 1Y r •.?, !n Mkt ti r sT ? Cam' ?!? _ ..j\d r •? 1iJ + uu;;;;????yyyy ??rJc -. ?/?" ?. rY ? ' ,? ??y' ! ? ? ? ?.:': _ JY•^'RRd r?? ??wJrn{,y:.,,,. R.a< }4. ?`..` .. •?•nwr..:. r? .'II+? + ?, 5 • It'a •; '?' '?+?+ " >. ,+. ? • ? 1 V "A `?7 Air .. ? 1 ?J'' Jr w+. c ... B ....,., ' ! - ' +.....-"?.? -,_. it ? r e t> ' raq 17M?. f ??r? : ?? la¢1w+? ? ? "+K?.l? ! Swy?c `.-t.,l?J,,.y???,N +F i t'°'?'„"'?„?r.•r-^"^^ t :": .."?' its 41? "? ;•h "4. '. 4 ? ,. ti ..r'?"'"^"? . s ry ? , h y1 ,7 art dtMr4y? k ' ? ? 4 R 4 ? 4 t?'i G K Y ? ?^y,. iY ti.r far f 1 e r i+. ? a i?4'y,d ?,,t?? ? f?4, J??-+ f tt4?fJrv,fy ji!'h:}j'+? J l >di5 ,? d + Y?* +, Q ,* k :•?}} +,:; ? ?P""l '?'T .. - T `t Jg'f ^}1 JH'? 4'.. xt r 1 • F , - t ... r_ ... 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J or 01 000- `Gres o A, \ AZ r / dy • •. ; ?W S N 0 0 or- t cr, u> 6 / to 3 r v so %0 '7 110-ko .0 t- . 0000000 1 -l o) / ?0 -/i?? iF pes N 22 0 V bF, et ? aO 1t / 0 0 41 .6 / csa 0 3 t t A 0 1 r? o? / ?S? 9F2 ? ohs ? r / `.?`tt l l ?bn \ 7 / 00 ? a y / I Y yO C%l ddb ? °y Y N O NO m t' o I N M I I I LJ / WHISKEY SPRING ROAD Mae _ ' G VITGY.AIM DEEP • .? .MAbE able '4G/=• day•QF '~ 11M the yeAr of Our Lord ono / thounasyd pins hundred sixty-One 1461 __-_ . . r------ ------- UET EN ' . AA VL S_ • 5ROUGH 'R - I Ctxtpr of•thc last `ovill and t.ebtan E_ i. SrOugh, deceased. lat.. of asal of i.asisriora row"ship, Ada?ans County, ,peaosylvania. party Cho first part. -.------------------ -------------- N Grasztor, ' A N D v- R01WALn'13ROYYGH y' . and FHY•LXSS SROL]CrH, husband and I-i-fe, as tenants of an*eetate by the entireties of R- D. i , Diuabur S. Peiansylvaaix, Parties of the second part,' ------------------------- ---------------- Grantees. wITNESSETH, shat in consideration of • she sum of Olao HLtn7lired ($100.00) nailasii in hasad • paid. the receipt whereof is hereby acknowledged, •eh- esy?id party oY the fxr st ' Parr does hereby release and q+sitclc?ir:s unto the 1-rsics of she second part, their' hairy and aseignas. ALL that lot or tract Of ground situate, lying and hems ' g in South Middleton. Township. Cumberland Cous?ty, Pesmsy-ivania. more pasticuiarly d'eacribed ass follown: j5E:r_ N G at' eton.sm. Chance p ? . •South twenty=flares 23 y land of Joseph Lerew ' to a rock twenty- e-ee ( b dc$raes East# ai$hty_nine (89) parches A r -three y lknds of -John SI uWtg' heirs South to aighty 76. (83) dagrces West, seventy-six and five tenth- ( ) perches to stones. thence 16y land of Shanefelterfe heirs i and others, 1V'orth twenty-three (23) dCEreem West. -forty a.ad• falseras laeirg 6) perches to atones; thence by la=d of m2anc_ North four aLnd one-half (4-2123 dagger maLwt. ab4rtceia a a4l two tenth (13.2) Perehea to a post: thence by land of Ys,:u.c 1-crew and .rnha Stou=fer South eighty-four and one., h-If (84-1 /Z) degrees East, sixteen and eight tenth (16. a) Perches to•mtones; thence by the aamma Ndstda forsy-seven (47 degrees East. thirty-throe .and four tenth ) atones: thence by the gamma North' thin (33- 4) perches to ) ty`eix (3b) degrees East, t-Onty-f!" and seven tenth (Z5. 7 BJGGXNMNG. CC>w-z-.ngUVG s?vcntyP_ereyg t h(to the plate of hundred twenty (120) Perches. neat measure , tp PAGE 30? !9Z-? ZLO/OLO•d 988-1 i i 4 a• r` .f 2 s z -MONd WV9Z:Zl 10GZ-EZ-NVf i COMMONWEALTH OX` PNSSC'L N'ANYA -:COV14TY.OF ADAMS, 's. ' On this, the ? day of ? ? ' ' . 1961, .before me,• ?? •. ?"ti i O•Tr«-?? ttyg uYLC1e Y8i . - gored officer, personally appeared V--1 $. BrouCh, bmowu to me (or satiafac oril . ,. L„ y proreaa) to he •the ' perso>.s whose name is subscribed so the within ia.trurnent, and ackIuawledged that `he Exeeuted the same for.tlao ur e p poses th reita•eon?tained. ,,..ti` :.? ;; S r '? • . `, IN WITNESS . W IiEROF; I hereunto s=s rriy end and official seal 1 P4 •' YF_' :? -. 3` 'Q x '• REEDRDE"F116E of in. CLEW of COURT$ 4 -•" ?I ' RECORDER *F- ? .? ?.`y ` +. DI.COK Title of O;Cicev- My ceazraaeeion expiree i. ` cYi YE1tf.RnO ODUNTY . PENNSYWANU ---••.....o-____--_-. - CF-RTIFICATE Ol^ RESYnENCE A&If-' do Uar-by csrtiit'y t2as. t th - , e pr¢eiele r.s"i , desaeo of she Vir'fslyta =earned grantees is t S i- I t' !9Z-j ..any w? Iw p; ?mWna. R r°"'ti W ZGM R£::OR.r1Ei-OPFICA of The ??' GIA1 ?R 9RNO CYUYTY P NN TLV,NiA P-P o> 61W Lame ana Z411-11d d-1, a/ v ahuw,V 2? PH &all »t»* laxasdrect iN tlld Y/rrcr 1jETWEEIV V. RONALD o£ BROUGH and PmyLjSS BOROUGH, Carroll' Township, York County, penneylvaafa, his wife; acetyl V.. RONALD' $ROVCH CeunCsr , P® syi•.ania, , of Carro) 1 TownshiP. York • -• C' nearnwtu?+ec BFYN` the game $• t e W-1-11 and Testamntmofs'eErvinCI _ PR-oiush Brow h gX6 Che Last April 14, .06i, and recorded in C e a by thic o D in and for Cumberland E deceased. Count he D flee of the Recorder®oo fdDeea 20, Page 301•, gran=sd and ooy:'.vicenns 2vania. in Dasd Book eds Srou h Y !Ad Volume g husband and wife ?' d unto ?r. Ronald Sro h the Grantors herein.. Phyii.s* This is a transfer from husband and wife to husband. CirITNE.tiS'll"?'?!' l?t+Qalrc - in /mud -`-------y tAat ss ao»+fa!rv+at?ora of ONE (S1.003 _ - ------- _ _ an d' r*a*lpg e*+sv co 'he -f4 a.,axlaf,mh $ heirsw and 9s1g SO?ntars do --- rnsL? oars, . ALL that cevr&Ln lot or tract of in South Middleton ToWL Shi round County. ca lying PurticulaxlY described a follCumberland nnsyand being as fows: Pennsylvania* more $&CIld'r1'YNG N'Q as cstonas South zwen ac-three ?23 j ence' by land now or fvrmerl rock oaks Lt ree b earees Easc, eighty-nine (8y-of 9) Joseph Lerev South eghty-Chree (83) dp y and, Y1or,? or formerly of john pp ches to (76.5) perches to scones, arses West, s61ent 3hu].CZ heirs falter s hairs theme- by land nowt'-siX and fe ve tenth Fort and others, North Cwaat VV formerly of Sh Y and six tenth (40.6) y three (23) degr t, or Snrmnd of Sth40 perches to scones; thence b ela West, or degrees East, thirteen and a heirs Norch four and one-half l(4?) by Ens or tirteen and t oatanere(13.2) a ehcnec BighI-and t snow and one- and JohncSrouffer ?out- cight perches to half (84?) degrees East oath de raesb 'nes, thence by tho ,?iXteen and eight teach thence East. Chirry-three and four tentha(334) p fort Y the same North etsLrt (3.e cwsever; va ) and sevasln tenth Y?-six (36) ae$ erchee to stones; Cwenry-a4g,jt.(28) acrespandhoneco the place pf$ECYNNINCventy-fi mesure. hundred twenty (120) CONTAYIVYNG perch ' 1 E00'd 9BB-1 -WOtlj WV9Z?Zl 1002-EZ-NVf ¦ a AAY12 the said Dtt++etor s w[i[ lua yane Ser+erally tiered thev ?•ol er **d agree 'tA&t they hstbby ooaveye? rAr WISl11gSS the wArEREnlP, said D,,s?teor a h" also and. vcar ATrsd above a+ritto,, I e A-eftwo met Lheir hand s and anal s 4p'gnea, §'ee1s0 ano fotltbseeb /??--•e? V _ `]? t5?1'A - ROUE .? - (satar [tt c1i 17% Baou • Suet of Pennnylvassia ' Ceraty o! York ma. On.utu, the j a TTOCa=y' Pablo dac of ' the tru(lafstDi+ad IS A/, bcjora „sp der.owal[y aPpa?yy V, xOnald s rough , kaowon to within in* (or aafi?slavtorsYy wrovev to be Ar ??• =•t"? ?l:li i ter+WVl6fet, and aaicaowlpdvcd that 9as7atia whom sta rve eontanccI4' ezeeaet s• '? ?b?lD• ilhs •, IN T?VlTAYL` ed the same !efi• S3 WFiTERIZ'OF ! x..> a ' a'? 'i`y':'?k?S/?=s ?+ii s ws0 »a .d a6 d v !3.df!ef?CJlJreiias Baer..:'y,??'y3a f.?. ? • (` o : • ?`Y ?' • Title of'Qr --- ? 307 York. York tcun a, norary pUbyle Pa. MY Canmlzcip? Zi- july 3m Toss 17Z-d Z l0/900'd 968-1 - •-. --•- -? -MONA iNVPZ:Zl 2002-EZ-NVr ,! .y A •1 . 1<1 0 n 4 Stria of Pcsusaylvat?i?a Corsnty Of York, Ox th* tag A Notary Public •°! '???•?,? . 1?9 ?? below ij th o . R r rt ?tbriaer, yeraoaaaJly aPP re[d Phy l i s s 5push know n to a/k/a Phyllis Brough me (or satiaftetoriL ! wGEL ? :??ewe n,.d v 2smven) Eo Lc the perao» whose aaaaaia - that s hn a[[d?f'pb! j, cacccuted the Sar" for the A giry?? r i N FVITNESS WAiEREOF, ! Xrrsunia set »:y hand j _ . and Offj6iQl' scal ' Y.i :_ Y?'?•?Q??? a ! ------9Car . Public --- Z: •y'RYtOR• rrOirRiF K b'LL fa 9080, YORK Cep oJ? O?iioes . • ?.; ? y coma" n irNwa pia aWn is I do hereby Certify of Me within nas?x.pd yr,as,taR thab 1.bc pr'soiso restdsatce -W Oean9lote P. o. Sox 312 a billshurg, PA 17019 a? i a eEowv?ev !or?,..... er,? -- ......... to) v o Z' L d , A C G I C) COA'r"ONWEdYJy or PENNSYLVA MU Coxaoty Of _? ... law. JKWCORDKD on this ?l day of ..:r.,t!2 [#. D. 19- Al, iao l he j'"""'dee& OACC of trace raid COMIC& in Deed Dagk, . GsveR a[nder any hand. ao[rl the aeol o / tho ea{d 009ce lh.[ dole nbo.[e avsdlWn. ecc-r.Z'?:3 n;?r 3G8 2v2-? aioisoa'a 989-1 ' --nomi wvvz:zt 2002-E2-Nvr TITLE REPORT SUMMARY DATE: January 22, 2007 CLIENT: Linsenbach LOCATION: Whiskey Springs Road (28 acres of mountain land) DESCRIPTION: Cumberland County South Middleton Township Parcel Nr.40-140140-048 PRESENT OWNERS: V_ Ronald Brough GRANTOR: V. Ronald Brough and Phyliss Brough, his wife DEED BOOK* "I" Vol 29 Page 306 MORTGAGES: Non* DELINQUENT TAXES: None DATE OF DEED: 1/12/No date DATE REC 3/11/81 JUDGMENTS/LIENS (Includes buyers if full names provided). None RESTRICTIONS: None of record EASEMENTS/RIGHTS OF WAY: Rights granted to: 1. Metropolitan Edison Co in Misc. Bk 163 Dage 449. Misc_ Bk 198 page. 582. Misc. Gk 200 page 61, Misc. Bk 126 page 582. 2. American Telegraph $ Telephone Co in Misc. Bk 124 page 509 3. The United Telephone Cc of PA in Misc. Bk 127 page 208. 4. Jim R. Wert and Kathy E. Wert in Misc. Bk 212 page 449 (Copy proviaed) ASSESSMENTS: LAND: 75,770 IMPROVE: 0 TOTAL: 75.770 THIS REPORT DOES NOT INCLUDE DOMESTIC RELATIONS ARREARAGES SEARCH DATES: 1/00/1900 to 1/1A/07 NOTE. The deed chain ends with "E' Vol 20 page 301. 1 have searched the grantee index for the alleged grantor. Ervin T. Brough back to 1900 with no success. I found the name of Harry C_ Brough on rights-of-way along with Ervin I Brough, and searched the Grantee index for him in case he held the land in common with Ervin, but had no success. The deed into Ervin 1. Brough seems not to have been recorded. I searched the Misc. Index back to 1900 for Ervin Brough, just in case, as well as the mortgage index. I tried different spellings of Ervin, but that was no help. 1 checked the card Index in the assessment office, and their card ends with 'E" Vol 20 page 301. 1 check adjacent parcels looking for commonality, and had no luck, V_ Ronald Brough sold one part of the land and I have provided a copy of that Casa. 192-d 200'd 988-1 -WOMj WY92=2 1 1002-U-Wr .,_ k r if+t?,?'?:,p,•tN f.IF+N?..rl•. .y a:n..+iJ.'.iiu.?C.CrLi.., ,..... .. {' j.?,??? ' _t,,,.w:.). :5. _.R....Lin:+•:ALirdt?ld Mw' r '? - V r 7 ?. ?? ?.!t n?? Asa. ?" +'?a'A'?i u Y-:j N ?, w}P 6 gP os r?dC?3;l.P ?C?Mlil?! z a ?. a •o Gee`: ?. ?.??.(20 'G?•a+t 3.a1 f! i a.w, 6- G? n M / J G S - 90 ' d 00?? ZFf• L T L JN I Am^: ens ammo3Q Title: BROUGH TRACT Date: 01-23-2007 Scale: 1 inch = 300 feet File: BROUGH TRACT.des Tract 1: 29.152 Acres: 1269849 Sq Feet: Closure = s12.2309w 21.02 Feet: Precision =1/232: Perimeter = 4871 Feet 001=S23.000OE 1468.50 004=N04.3000E 217.80 002=S83.000OW 1262.25 007=N36.OOOOE 424.05 003=N23.OOOOW 669.90 005=S84.3000E 277.20 006=N47.000OE 551.10 ,41 y tqt' r .?r t , •rg?,4? e . iyy ?1 ,4,r i. .?` 76k J sir +rJ ,i $l. L E Y Ftr\t ?^ `?Y?Q t.t I ls.ut? •',, ??. ?``?'r ti} v .? - l) t(? - .,? -(3? 1 ??tyy;? Q..>? a` ?`©?T• 'r?, t +?'r \ ..`c ,r fit. 4?lJ/??.3 n?1 +7r?,l?? *y?° x.? er r r 'i, 'rytA 5 ??af? F x' ,' \ ' 14 ?7 2 h .x r ? T`>? l ?r ` ? 4 \ tF• \ t . ? 4?j , t >, a 27 1\ k k _?4.3?? ?`'-•4 - t ,-4 ' t 1 \ , .?\ t x, :? d \ # a2sar 782 '? 488 t :A 28.3 AC 9889 Ac 1 ?a2 S .. ? J+. ? ; `..y- , h, •.1 kSAp, 4t`4: `.9 .. .,= 1 :r - t N `ter ?a a ,. , _ - b r. \ ? y ? . i v .'}t c` t?^•t - t \; G 1262 24.5 : 25 (2. 56, 13 lip- 7 AAD 111.• ?-r: (if:-?' .W 2 ;t t \; `L ..? .,? ': t ? .,i? r, .k,4 `. Q-r'.M+n. '` x t ro 7 ?4 I?AG o! b ?t ;_ ,., ct y?` * ?t• i i . r! W'T ( N '. t+? ti. ?d t t j vl. s ; tl .)`,..? k.. ! Qt f Q ? '` T ?. S r.. -vt64- r f (5 CrJ?4 \? }•'{` ?? _ - ku r'1 ?_ to ySrx` t Air. tx 4'+ A 1J 65 t DP t.G:?..??"+-?a.CstKa^'u 6r 1`}. ?`bt "']]}eet t(? a.... s r,# .A asT 4 y' +\,t ?, I - _ 'i_ \ ..' V13 ' r} ,M' 'r ``ct .v \l ` ?, r ! OT (6) TAXED IN ?,5?; v5.i £ ac x'. t t z v LSU r .e ?!. >, V '7c OR K CO LINTY - ,;? rt t -rl.. t - + 1, '41 k ti`++,} 'I-TES' .? q+ r_d }? i c. "•' s• - ...? Y k? a stT4 1 , 1 S1' w aF 4 v 1 r t, 4n;yr ?y y.4 Lt +?°w re. s ca i? SAZ- c o ? o r ; m73 l _..- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01597 P ti COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DECKER RODNEY L II VS PENN WILLIAM ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BROUGH V RONALD but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT -QUIET TITLE County, Pennsylvania, to On April 17th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage to wit: in his bailiwick. He therefore So an 18.00 9.00 -' 10.00 R. Thomas Kli.ne -"__".... 41.43 Sheriff of Cumberland County 2.94 81.37 ? 9,,, q119167 04/17/2007 SCHRACK & LINSENBACH Sworn and subscribe to before me this day of A. D. COUNTY OF YORK OFFICE OF THE SHERIFF SCR )'771-9 60 L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE MTRUCTiONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE Ot&Y LIE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2 COURT NUMBER Rodney L. Decker II 07-1597 civil 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ Notice and Complaint to William Penn et al Quiet Title CT QT SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD V. Ronald Bro gh 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT t- 966 ()ri7- Rank Rnad Dill--1313:Q, PA 17019 7 INDICATE SERVICE- 0 PERSONAL U PERSON IN CHARGE DEPUTIZE , $5 L 1L 4 a 1 ST CLASS MAIL U POSTED U OTHER NOW March 28 20 07 I, SHERIFF OF ! COUNTY, PA, do hereby deputize th sheriff of York COUNTY to execute this return t cording to law. This deputization being made at the request and risk of the plaintiff., RIFF OF NTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE 100.00 PD BY CUMBERLAND COUNTY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED BRIAN C LINSENBACH ESQ OF SCHRACK&LISENBAC11 717-432-9733 3/23/07 --7 i) -1 n - T PZ 9'1 T T Sl !M1 - A -1 -7 A -1 n 1Y. SrN-b AOVIGE-bF 9ER9lMC`0PYT0 NAME AND ADDR'ESS BELOW (This area must be completed it notice is to oe mailed) CUMBERLAND COUNTY SHERIFF ONE COURTHOUSE!; SQUARE CARLISLE PA 17013 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THE LMT 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. LT M M C G I L L 3/29/07 14/22/07 16. HOW SERVED: PERSONA RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFIgE4-j' OTHER( ) SEE REMARKS BELOW 17. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19y. Date of Servic 20 Time of Service -..k -? 21. ATTEMP S ate Time Miles Int. Date Tin Milr„s Int. Date Time Miles Int J Date Time Miles Inf. Date Time Miles Int. Dale Time Miles Int. q-q 22. REMARKS 23. Advance Costs 100.00 24. _Service Costs I',CX? 25 N/F 26. Milea a I 27. Postage 28. Sub Total 3 29. Pound 30. Note ' 31. Surchg. 1 32. Tot. Costs 1-A113 33 Costs Due eck No S I I?? 34. Fornipn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. MileagpJPostagrlNot Found 39. Total Costs 40. Costs Due or Refund 2 1 h so wE 41. AFFIRMED . , 44. Sgnature of 45. TE r - 7 42, day of .20 _ 43 Dep. Sheriff -- N C ' . = 1 /NOTARY LISA L BOV ' : 46. Signature of York ? 47. DATE . _ ti - CITY OF Y& i -Y PUBLIC County Sheritl ' MYCC "VASSI 'RKCOUNTY FOR W'?? LLiEAi"'"i i1 k0SC SI ERIFi' 4/12/07 ,I ON E,, -gp.! J. 1Z '009 48. Signature of Foreign County Sheriff 49 DATE 50. 1 ACKNOWLEDGE RECEIPT OF THE OF AUTHORIZED ISSUING AUTHOR SHERIFF'S RETURN SI ITY AND TITLE GNATURE 51 DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office RODNEY L. DECKER, II, Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1597 : CIVIL ACTION -LAW : ACTION TO QUIET TITLE MOTION FOR PUBLICATION AND NOW, TO WIT, this / Z--day of i ? ?V% * - 2007, comes the Plaintiff, RODNEY L. DECKER, II, by his attorney, Brian C. Linsenbach, Esquire, and files this Motion for Publication. The following of which is a statement: 1. This Action to Quiet Title was commenced by a Complaint filed in the Cumberland County Prothonotary's Office on March 23, 2007. A copy of that Complaint is attached hereto as Exhibit "A". 2. Defendant Brough has signed a Quit Claim Deed to Plaintiff to settle this matter and remove himself from this action. 3. The title of the real estate which is the subject of this action is in the name of the Plaintiff, Rodney L. Decker, II. 4. The Plaintiff acquired title to this property by deed from Rodney L. Decker, II dated October 3, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on October 5, 2000 in Book 230 at page 383. A copy is attached hereto as Exhibit "B". SCHRACK & UNSENBACH 5. The Plaintiff has made a good faith effort to determine the whereabouts of William LAW OFFICES Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, and their heirs, assigns, successors, devisees, administrators, and executors and all other parties of interest and the executors of the Estate of Benjamin Lerew as set forth in an Affidavit attached hereto marked Exhibit "C". 6. The only way to serve this Action to Quiet Title is by publication. WHEREFORE, Plaintiff respectfully requests the Honorable Court to enter an Order permitting service of this Complaint in Action to Quiet Title by publication. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES r r' BRIAN C. LIN BACH, ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SC_HRACK & LINs BACH LAW OFFICES RODNEY L. DECKER, II Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA n. I : CIVIL ACTION - LAW ACTION TO QUIET TITLE C r? J Defendants NOTICE You have been sued in court. If you wish to defend yourself against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 .ny?FxnA CH LAW OFFICES IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MID-PENN LEGAL SERVICES 8 Irvine Road, Carlisle, Pennsylvania 17013 Telephone: (717) 243-9400 0 c - -T1 r rn --3 RODNEY L. DECKER, II Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW ACTION TO QUIET TITLE Defendants NOTICIA Le Han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR CENTER Its ?c? LAW o 2 Liberty Avenue ??s Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 RODNEY L. DECKER, II Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW ACTION TO QUIET TITLE COMPLAINT AND NOW, this 11 day of 2007, comes the Plaintiffs, RODNEY L. DECKER, II, by and through his attorney, Schrack & Linsenbach Law Office, and files this Complaint and avers the following: 1. The Plaintiff herein is RODNEY L. DECKER, II, residing at 112 Old Cabin Hollow Road, County of York and Commonwealth of Pennsylvania 17019. 2. The Defendants are WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and all other parties of interest, all deceased, whose whereabouts and heirs are unknown. 3. Defendant is V. RONALD BROUGH, an adult individual residing at 266 Ore Bank Road, County of York and Commonwealth of Pennsylvania 17019. UMMMACH LAW OFFICES 4. Defendant is the ESTATE OF BENJAMIN LEREW, deceased, whose whereabouts and heirs are unknown. 5. Plaintiff is in possession of real property located in South Middleton Township, Cumberland County, Pennsylvania, having tax map parcel number of 40-14-140-078, containing approximately 14 acres, 93 perches (the subject premises), by deed dated October 2, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County, Commonwealth of Pennsylvania, in Deed Book 230 at page 383, a copy is attached as "Exhibit A". 6. The subject premises originated from an 1867 survey completed for the Estate of Benjamin Lerew by Adam Brown and are noted on the subdivision plan as Lot No. 2 and Lot No. 3. A copy fo the Plan is attached as "Exhibit B-1, B-2, and B-3". 7. The tracts are orphaned parcels from original lands of Defendants Penn and Lerew Estate. 8. The subject premises has no owner of record, other than Plaintiff, according to the records of the Tax Assessment Office of the Cumberland County, Pennsylvania. 9. A title search of the property was performed and failed to reveal any other owners of record for the subject premises. 10. The last recorded conveyance which appeared to encompass the subject premises was the deed into Plaintiff referenced in the above paragraph and attached as "Exhibit A". 11. A copy of the survey of the subject premises is attached as "Exhibit C". 12. The Plaintiff, as owner of the subject premises has been in actual, continuous, visible and notorious, distinct and exclusive and hostile possession of the subject premises. 13. The Plaintiff has been paying the real estate property taxes on the subject premises. 14. The surrounding property owners, other that Defendant Brough, by their actions, at one LA O MFI time or another, have consented to the boundary lines on the property. 15. Defendant is joined in this action as an adjoining property owner. 16. Plaintiff believes and avers that Defendant Brough believes and avers that his property covers some of the same area of the subject premises. 17. Defendant Brough acquired his property by Quit Claim Deed. A copy of which is attached as "Exhibit D". 18. Defendant Brough later reconveyed the property to himself by deed dated January 12, 1981. A copy of which is attached as "Exhibit E". 19. A Title Report on Defendant Brough's property reveals gaps in conveyances. A copy of that Title Summary is attached as "Exhibit F. 20. Plaintiff believes and avers there is evidence of conveyances out of Defendant Brough's property which reduce the acreage amount. 21. Those conveyances are delineated on Plaintiffs survey, attached as "Exhibit C" and noted as the Bond and Williams tracts. 22. A survey of Defendant Brough's property was completed by Stiffler on March 27,1965 showing the property as 28 acres. A copy is attached as "Exhibit G". 23. The survey completed by Stiffler and Defendant Brough's deeds failed to take into account conveyances out of the original 28 acre tract. 24. A deed plot of Defendant Brough's property is attached as "Exhibit H" 25. Defendant Brough's property is incorrectly delineated on the Cumberland County Tax Map. A copy of the map noting the Lot as No. 46 is attached as "Exhibit I". 26. Defendant Brough's property should lie along Whiskey Springs Road and actually overlap parcels 13-F and parcel 48. 27. Defendant Brough's southern and eastern boundaries, as well as some of the northern boundaries, match and fit along the corresponding boundaries for parcels 13-F and 48 also known as the Bond and Williams tracts. 28. A comparison of Defendant Brough's deed plot and Stiffler's survey with Plaintiffs SCEMACK LAW OFFICES survey shows Defendant's parcel should lie along Whiskey Springs Road and overlap Williams and Bond tracts noted on Plaintiffs survey. 29. The incorrect tax map, the Stiffler survey and Defendant Brough's actions have created a cloud on this title 30. The Plaintiff desires and needs to have his ownership of the subject premises as set forth hereinabove confirmed and his title to same quieted in order to obtain a good and marketable title. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree terminating all rights in which the Defendants, their heirs or assigns may have or have had, and further decree that the Defendants, their heirs and assigns be perpetually enjoined from setting up any title from said premises, for impeaching, denying or in any way attaching the Plaintiff s title to said property, from issuing or maintaining an ejectment action for said premises, and/or from encumbering, mortgaging or conveyance of same or any part thereof. Furthermore, the Plaintiff prays your Honorable Court to declare that title to said premises shall be quieted and confirmed that the title to said premises is in the Plaintiff and the Plaintiff alone, and further that the Plaintiff be allowed to enjoy said property without interference from the Defendants, their heirs or assigns or any other persons. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES BRIAN C. LIN BACH, ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone : 717-432-9733 Fax: 717-432-1053 sc-MACK LAW OFFICES VERIFICATION I, RODNEY L. DECKER, II, Plaintiff herein, verify that the facts set forth in this document are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C. S. §4904) relating to unsworn falsification to authorities. J.-Ce.? -7?07- RO NEY L. DECKER, II ?? LAW OMCES a ArealesMDECKEROD.DED(amd) ROBER1 . ZIE GLER, RECORDEP, OF DEEDS CUMBERLAND COUNTY-PA '00 OCT 5 AM 8 G3 TAX PARCEL NO. 40-14-140-078 DEED THIS DEED made this day of ??S? , 2000, by and between RODNEY L. DECKER, Ho single person, presently of 112 Old Cabin Hollow Road, Dillsburg, Pennsylvania 17019, party of the first part; hereinafter called Grantor, -AND- RODNEY L. DECKER, H, single person, presently of 112 Old Cabin Hollow Road, Dillsburg, Pennsylvania 17019, party of the second part, hereinafter called Grantee. WMESSETH, that in consideration of ONE DOLLAR ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, his heirs and assigns, ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point which marks the common point of adjoiner of lands now or formerly of V. Ronald Brough, lands now or formerly of Harmon-Graves Company, and the within described tract; thence extending North thirty-four and one -half (341%) degrees East 37.5 perches to a point; thence South twenty-three and one- half (231/2) degrees East 83 perches to a point at lands now or formerly of Marlet R. Kapp; thence extending along said lands South seventy-two (72) degrees West 33.4. perches to a point at lands now or formerly of V. Ronald Brough; thence extending along said lands North twenty-two and one-half (22'/2) degrees West 60.6 perches to a point at lands now or formerly of Harmon-Graves Company, said point marking the place of BEGINNING. CONTAINING 14 acres, 93 perches according to a survey prepared by Adam Bi own, dated November 5, 1867, and being a compilation of Lots No. 2 and 3 as shown on said survey. IAw OMCE Wst. D. ScHRAcK, III Tr BEING THE SAME PREMISES which Rodney L. Decker, Sr. by his Deed dated May 16, 1995, and recorded in the Office of the Recorder ofDeeds in and for Cumberland County, Pennsylvania in Deed Book 122, at page 221, granted and conveyed unto Rodney L. Decker II, the Grantor herein. NO 7 2 't30 r?,;GE . ?VV THE WITHIN CONVEYANCE is made by Grantor to himself for the purpose of combining the two parcels into a single tract. AND the said Grantor does hereby SPECIALLY WARRANT the property hereby conveyed. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. - W X55: RODNEY DECKER,II COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ; On this, the day of 2000, before me, a Notary Public, the undersigned officed, personally eared RODNEY L. DECKSR known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here y hand and Not m'] Seal. NOTARY C IdW OMCH WM. D. ScHum, III Notarial Seal Janet S. Clore, Notary Public Pftburg Bor(r York MY ComNas Expires Oct. , 2002 Men'Iber, Permsylvania ftsocWk n otNotades ?a?y. \? N HOK 230 ?„ct 384 I HEREBY CERTIFY that the precise address of the Grantee herein is: 112 Old Cabin Hollow Road Dillsburg, PA 17019 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,.,,r WM. D. SCHRACK, III, ESQUIRE For the Grantee 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 SS. RECORDED in the Office of Recording of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Q-?o , at page %5 . WITNESS my hand and seal of office this 45i? day of . ?' , 2000. LAW OFFICE WM. D. SCHRACK, III 8001j( 2023 -0 RODNEY L. DECKER, II, Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1597 CIVIL ACTION -LAW ACTION TO QUIET TITLE AFFIDAVIT TO SUPPORT THE MOTION FOR PUBLICATION ScxRAcx& L SENRACx LAW OFFICES 1. The prior owner from whom Plaintiff received the premises in question is the last known owner. 2. An abstract of title has been performed on the subject premises and the search failed to reveal any conveyance into or out of any person for the subject premises, other than Plaintiff. 3. The abstract of title failed to provide any useful information or evidence on the location or whereabouts of any of the Defendants. 4. It is believed, and therefore averred, that the title subject property, was orphaned from a tract vested in William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, their heirs and assigns, and possibly the executors of the Estate of Benjamin Lerew. 5. A search of the tax maps and tax records, both past and present, in the Cumberland County Map Office and Assessment Office failed to yield any useful information on the location or whereabouts of William and Hannah Penn, or the other Defendants or any other person claiming ownership of the subject property, other than Plaintiff or Plaintiff s predecessors in interest. 6. No probate records for William Penn and Hannah Penn, husband and wife, John Penn and Thomas Penn and Benjamin Lerew were found in the Office of the Cumberland County Register of Wills. ? yy j } 7. William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn and Benjamin Lerew are all deceased and it is impossible to ascertain their heirs and assigns. 8. An Internet search for information on Benjamin Lerew has failed to provide any useful information. 9. A search of the phone books for Cumberland County and the surrounding areas failed to result in any useful information on the location or whereabouts of William Penn and Hannah Penn, or the other Defendants. 10. A site visit to the property failed to reveal any evidence of ownership by any other person other than Plaintiff or Plaintiffs predecessors in interest. 11. Questioning the nearby property owners failed to result in any useful information on the location or the whereabouts of William Penn and Hannah Penn or any of the other Defendants or any other person claiming ownership of the subject property, other than Plaintiff or Plaintiffs predecessors in interest Respectfully submitted: SCHRACK & LINSENBACH LAW FFICES BRIAN C. LINSfKBACH, ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SWORN AND SUBSCRIBED THIS I? DAY SCcx_ LiNsFwaAcH CAW OFFICES C COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary Public Dillsburg Boro, York County My Commission Expires Oct. 25, 2010 Member, Pennwly i.? -detion of Notaries RODNEY L. DECKER, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . No. VS. WILLL ?M PENN and HANNAH PENN, CIVIL ACTION - LAW husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW, Defendants : NO. 07-1597 : ACTION TO QUIET TITLE NOTICE OF PUBLICATION To: WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, THEIR HEIRS, ASSIGNS, SUCCESSORS, DEVISEES, ADMINISTRATORS, AND EXECUTORS AND ANY AND ALL OTHER PARTIES OF INTEREST AND THE EXECUTORS OF THE ESTATE OF BENJAMIN LEREW. TAKE NOTICE that on the 23`d day of March 2007, RODNEY DECKER, II, filed his Complaint against the above- named Defendants in an Action to Quiet Title docketed to No.07-1597 CIVIL, in the Court of Common Pleas of Cumberland County, Pennsylvania, with reference to a tract of land in South Middleton Township, Cumberland County, Pennsylvania, identified and known as follows: BEGINNING at a point which marks the common point of adjoiner of lands now or formerly of V. Ronald Brough, lands now or formerly of Harmon-Graves Company, and the within described tract; thence extending North thirty-four and one -half (341/2) degrees East 37.5 perches to a point; thence South twenty-three and one-half (23'/2) degrees East 83 perches to a point at lands now or formerly of Marlet R. Kapp; thence extending along said lands South seventy-two (72) degrees West 33.4 perches to a point at lands now or formerly of V. Ronald Brough; thence extending along said lands North twenty-two and one- half (221/2) degrees West 60.6 perches to a point at lands now or formerly of Harmon-Graves Company, said point marking the place of BEGINNING. CONTAINING 14 acres, 93 perches according to a survey prepared by Adam Brown, dated November 5, 1867, and being a compilation of Lots No. 2 and 3 as shown on said survey. SAID COMPLAINT requests the Court to decree that any and all rights of the Defendants in the herein above described premises are released and/or extinguished. Further, said Complaint requests the Court to declare that title to said premises shall be quieted and confirmed in the Plaintiff and the Plaintiff alone, and further that the Plaintiff be allowed to enjoy said property without interference from the Defendants, their heirs and assigns, or any other persons. NOTICE You have been sued in court. If you wish to defend yourself against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. BRIAN C. LINSENBACH, Esquire SCHRACK & LINSENBACH Law Offices t 17 RODNEY L. DECKER, II, Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1597 CIVIL ACTION -LAW ACTION TO QUIET TITLE AMENDED MOTION FOR PUBLICATION AND NOW, TO WIT, this o7-0 day of "L- '-? 2007, comes the Plaintiff, RODNEY L. DECKER, II, by his attorney, Brian C. Linsenbach, Esquire, and files this Motion for Publication. The following of which is a statement: 1. This Action to Quiet Title was commenced by a Complaint filed in the Cumberland County Prothonotary's Office on March 23, 2007. A copy of that Complaint is attached hereto as Exhibit "A". 2. No Judge has ruled upon any issue in this or any related matter prior hereto. 3. Since there is no opposing counsel, no concurrence has been sought. 4. Defendant Brough has signed a Quit Claim Deed to Plaintiff to settle this matter and remove himself from this action. 5. The title of the real estate which is the subject of this action is in the name of the Plaintiff, Rodney L. Decker, II. SQM Cx,& 6. The Plaintiff acquired title to this property by deed from Rodney L. Decker, II dated LIS?IVBACH October 3, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, LAW °FF i Pennsylvania on October 5, 2000 in Book 230 at page 383. A copy is attached hereto as Exhibit "B". 7. The Plaintiff has made a good faith effort to determine the whereabouts of William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, and their heirs, assigns, successors, devisees, administrators, and executors and all other parties of interest and the executors of the Estate of Benjamin Lerew as set forth in an Affidavit attached hereto marked Exhibit "C". 8. The only way to serve this Action to Quiet Title is by publication. WHEREFORE, Plaintiff respectfully requests the Honorable Court to enter an Order permitting service of this Complaint in Action to Quiet Title by publication. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES BRIAN C. LINSENBACH, ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SOMA LMs EMMC LAW OFFICES -V M-1 .? 73 Sri RODNEY L. DECKER, II, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 07-1597 VS. CIVIL ACTION -LAW WILLIAM PENN and HANNAH PENN, : husband and wife, JOHN PENN, : ACTION TO QUIET TITLE THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW, Defendants ORDER FOR PUBLICATION AND NOW, TO WIT, this P? day of ?)O? '2007, upon consideration of the foregoing Motion and attached Affidavit, the Plaintiff is granted leave to make service of the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in the Cumberland Law Journal and once in one daily newspaper of general circulation in the County of Cumberland, the said publication requiring the Defendants, their heirs and assigns, if any, to plead SCMAM & LvmN8AcH_ LAW OFFICES to said Complaint within twenty (20) days from the date of the last appearance of the publication. VIN AIASNN]d 01 =6 WV 93 NAr LODZ A8VIO` -Hi add 3Hl 30 3bi,4- U RODNEY L. DECKER, II, VS. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No.07-1597 CIVIL TERM CIVIL ACTION -LAW WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, BENJAMIN LEREW, his heirs, assigns, successors, devisees, ad- ministrators, and executors, V. RONALD : BROUGH, and any and all other parties : of interest, . ACTION TO QUIET TITLE Defendants MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS JOHN PENN, THOMAS PENN. BENJAMIN LEREW FOR FAILURE TO ANSWER Plaintiff, RODNEY L. DECKER, II, by his undersigned attorney, BRIAN C. LINSENBACH, ESQUIRE, files this motion for a Judgment by Default against Defendants, WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, BENJAMIN LEREW, his heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and in support thereof avers the following: 1. This is an action to quiet title in which Plaintiff request that Defendants, William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, their heirs, assigns, successors, devisees, administrators and executors, Benjamin Lerew, his heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and any person claiming under Defendants be permanently enjoined and restrained from asserting any claim or interest in or to real property described in Plaintiffs Complaint, which was filed on March 23, 2007, and docketed to the above number. 2. Defendant V. Ronald Brough and Plaintiff have resolved this matter between themselves by settlement and each has signed a Quit Claim Deed as part of their settlement agreement. Copies of the Quit Claim Deeds are attached as Exhibit "A". SICK 3. The Motion for Publication that was filed with this Court on June 12, 2007 was N amended by request of the Court. LIN _.FFcH 4. An Amended Motion for Publication was filed with this Court on or about June 21, 2007 and an Order granting the Motion was signed by the Honorable Kevin Hess on June 25, 2007. 5. Attached as Exhibit "B" is an affidavit stating that a Complaint containing a Notice to Defendants was served by publication pursuant to an Order dated June 25, 2007, with an Amended Motion for Publication dated June 20, 2007. 6. The Defendants, WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, BENJAMIN LEREW, his heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest have failed to respond to the Complaint or file an answer within the time required. More than twenty (20) days have elapsed since the date of the last publications. 7. Since there is no opposing counsel as to these Defendants, no concurrence has been sought. 8. Pa. R.C.P. No. 1066(a) allows the Court to grant appropriate relief on an Affidavit that a Complaint containing a Notice to Defendants has been served and Defendants have not filed an answer. WHEREFORE, Plaintiff requests this Court to enter an Order of Judgment by Default against Defendants,WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, BENJAMIN LEREW, his heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest pursuant to Pa. R.C.P. No. 1066(a). Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES By: SCMACKR,, I? LAW OFFICES BRIAN C. LINSENBACH, ESQUIRE I. D. No. (87360) Attorney for Plaintiff 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 TAX PARCEL NO. 40-14-140-078 South Middleton Township Cumberland County, PA 1'11117 QUIT CLAIM DEED THIS DEED is made this ' day of 2007, by and between V. RONALD BROUGH, of South Middleton Townshi , umberland County, Pennsylvania, party of the first part, hereinafter called Grantor, -AND- RODNEY L. DECKER II, of 112 Old Cabin Hollow Road, Dillsburg, York County, Pennsylvania, parry of the second part, hereinafter called Grantee. WITNESSETH, that in consideration of ONE DOLLAR ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby quit claim unto the said Grantee, his heirs and assigns, ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point which marks the common point of adjoiner of lands now or formerly of V. Ronald Brough, lands now or formerly of Harmon-Graves Company, and the within described tract; thence extending North thirty-four and one -half (34%2) degrees East 37.5 perches to a point; thence South twenty-three and one- half (23'/2) degrees East 83 perches to a point at lands now or formerly of Marlet R. Kapp; thence extending along said lands South seventy-two (72) degrees West 33.4 perches to a point at lands now or formerly of V. Ronald Brough; thence extending along said lands North twenty-two and one-half (22%2) degrees West 60.6 perches to a point at lands now or formerly of Harmon-Graves Company, said point marking the place of BEGINNING. CONTAINING 14 acres, 93 perches according to a survey prepared by Adam Brown, dated November 5, 1867, and being a compilation of Lots No. 2 and 3 as shown on said survey. kERACX The above description was prepared from previous deeds, surrounding deeds and a plan, not a field survey and excepting out from the previous Deed two (2) parcels that are now or formerly owned by Bond and Williams. IT BEING THE SAME PREMISES which Rodney L. Decker II, by his Deed dated October 3, 2000, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 230, at page 383, granted and conveyed unto Rodney L. Decker H, the Grantor herein. THIS DEED IS PREPARED IN RESPONSE TO AND TO SETTLE an Action to Quiet Title dated March 23-j. 2007 and recorded in the Office of the Prothonotary of :Cumberland County, Pennsylvania at Civil Term 07-1597, between Rodney L. Decker, H, vs. William Penn, et.al., and V. Ronald Brough, the Grantee herein, and the Estate of Benjamin Lerew. THE GRANTOR RESERVES the right to use Tower Road as a right-of-way for ingress, egress and regress to and from the Township Road known as Whiskey Springs Road, for his property located to the west of this property having a Tax Parcel No. of 40-01-140-46 and recorded in Deed Book T29, at page 306. IN WITNESS WHEREOF, the said Grantor hereby sets his hand and seal the day and year above first written. V. R ALD BROUGH COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF yoR?V, On this, the 4 ` day of 1-341-- , 2007, before me, a Notary Public, the undersigned officer, personally appeared V. RONALD BROUGH, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. 3CMACK 00-6, LAW OFFIC Member, Pennsylvania Association of Notaries NOT ION?oF PENNSYLVANIA Notarial Seal Nanunoi Alexander, Notary Public D?Isburo Bono, York County My Commission Expires Apr. 7, 2010 WITNESS: TAX PARCEL NO. 40-14-140-46 South Middleton Township ? Xv , IU,V Cumerland County, PA 1 ?? 1 Q 19 QUIT CLAIM DEED THIS DEED is made this _ I day of , 2007, by and between RODNEY DECKER II, of 112 Old Cabin Hollow Ro , Dillsburg, Pennsylvania 17019, party of the first part, hereinafter called Grantor, -AND- V. RONALD BROUGH, of South Middleton Township, Cumberland County, Pennsylvania, party of the second part, hereinafter called Grantee. WITNESSETH, that in consideration of ONE DOLLAR ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby quit claim unto the said Grantee, his heirs and assigns, ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a corner at a pile of stones, said comer being the beginning point of a deed to V. Ronald Brough as recorded in Deed Book 294, Page 306; then running with said deed along land of Rodney L. Decker, II, South twenty-three (23) degrees thirty (30) minutes zero (00) seconds East, for a distance of one thousand four hundred sixty-eight and five tenths (1468.5) feet to a rock oak; then running by land formerly of John Shultz, South eighty-three (83) degrees West, for a distance of four hundred seventy-one and thirty-seven hundredths (471.37) feet to stones at land formerly of Roy Williams; then running along said land of Williams and land formerly of Robert Bond, North twenty-two (22) degrees thirty (30) minutes West, for a distance of one thousand fifty-nine and eighty-nine hundredths (1059.89) feet to a stone pile at other lands of Bond; then running by the same land North forty- seven (47) degrees East, for a distance of one hundred fifty-one and eight tenths (151.8) feet to stones; then by the same lands North thirty-four (34) degrees thirty (30) minutes zero (00) seconds East, for a distance of four hundred twenty-four and five hundredths (424.05) feet to the place of BEGINNING. 11 CONTAINING fourteen, more or less (14t ) acres. The above description was prepared from previous deeds, surrounding deeds and a plan, not a field survey and excepting out from the previous Deed two (2) parcels that are now or formerly owned by Bond and Williams. BEING A PORTION OF THE SAME PREMISES which V. Ronald Brough and Phyliss Brough, his wife, by their Deed dated January 12, 1981, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book T29 at page 306, granted and conveyed unto V. Ronald Brough the Grantee herein. THIS DEED IS PREPARED IN RESPONSE TO AND TO. SETTLE an Action to Quiet Title dated March 23, 2007 and recorded in the Office of the PTothenotary of Cumberland County, Pennsylvania at Civil Term 07-1597, between Rodney L. Decker, II, vs. William Penn, et.al., and V. Ronald Brough, the Grantee herein, and the Estate of Benjamin Lerew. THE GRANTOR RESERVES the right to use Tower Road as a right-of-way for ingress, egress and regress to and from the Township Road known as Whiskey Springs Road, for his property located to the east of this property having a Tax Parcel No. of 40-14-140-078 and recorded in Deed Book 230 at page 383. IN WITNESS WHEREOF, the said Grantor hereby sets his hand and seal the day and year above first written. WITNESS: RODNE L. DECKER, II COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF YORK On this, the day of LLIr?..:._ , 2007, before me, a Notary Public, the undersigned officer, personally appeared RODNEY L. DECKER, II, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Brian C. Lkrsenbech, NoterY Public M*A Bono, Y0* Co-M NOTARY P MY CorrwNeslan Expires March 11, 2011 Member, Penneylvenla tieoMon of Nate I HEREBY CERTIFY that the precise address of the Grantee herein (? Q©??iV,- RODNEY L. DECKER, II, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No.07-1597 CIVIL TERM : CIVIL ACTION -LAW WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, BENJAMIN LEREW, his heirs, assigns, successors, devisees, ad- ministrators, and executors, V. RONALD : BROUGH, and any and all other parties : of interest, . Defendants COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE COUNTY OF CUMBERLAND ACTION TO QUIET TITLE : SS Brian C. Linsenbach, Esquire, being duly sworn according to law, deposes and says that: 1. He is the attorney for the Plaintiff in the above-captioned action. 2. A Motion for Publication was filed on June 12, 2007 and amended by request of the Court. An Amended Motion for Publication was filed and an Order was issued to allow service by publication dated June 25, 2007 (see attached Order). 3. Publication was made through Cumberland Law Journal on July 13, 2007 (see attached Proof of Publication) in accordance with an Order for Publication dated June 25, 2007 and Pennsylvania Rule of Civil Procedure 1066. 4. Publication was made through The Sentinel on July 12, 2007 (see attached proof of Publication) in accordance with an Order for Publication dated June 25, 2007 and Penn- sylvania Rule of Civil Procedure 1066. SCIMACK & UINSENBACH LAW OFFICES SCHRACK & LINSENBACH LAW Sworn and subscribed to before me this 21/7wday of I?IONWEALTH OF PENNSYLVANIA C. L SENBACH, ESQ. (87360) Notarial Seal orney for Plaintiff Gore, Notary Public 1 4 West Harrisburg Street, P. O. Box 310 P?j bli illsburg Boro, York County illsburg, PA 17019 Notary My Commission Expires Oct. 25, 2010 lephone: 717-432-9733 Fax 717-432-1053 Member, Pennsylvania ASSOCiation of Notaries Mit my RODNEY L. DECKER, H, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 07-1597 VS. CIVIL ACTION -LAW WILLIAM PENN and HANNAH PENN, : husband and wife, JOHN PENN, : ACTION TO QUIET TITLE THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW, Defendants ORDDEe?Rr FOR PUBLICATION AND NOW, TO WIT, this P5day of )'O? , 2007, upon consideration of the foregoing Motion and attached Affidavit, the Plaintiff is granted leave to make service of the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in the Cumberland Law Journal and once in one daily newspaper of general circulation in the County of Cumberland, the said publication requiring the Defendants, their heirs and assigns, if any, to plead to said Complaint within twenty (20) days from the date of the last appearance of the publication. J. SCERACK & Lm n&cu LAW OFFICES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 13, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis arie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 13 day of July. 2007 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 1311h,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) July 12, 2007 COPY OF NOTICE OF PUBLICATION RODNEY L DECKER; 11 IN.THE,000RT OFCOMMON,PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 07-1597 Clvll,,Term va. CIVIL ACTION - LAW WILLIAM PENN and ACTION'TO'OUIET TITLE HANNAH PENN, husband and wife JOHN PENN THOMAS PENN, their heirs, • assigns, successors, dsvlsess: I administrators, and executors, h: BENJAMIN LEREW, ' his heir, assigns, successors dsviseq, administrators, and executors, V. RONALD BROUGH, and any and all other parties of Interest, Defendants NOTICE QE PUBLICATION I TO: WILLIAM PENN, HANNAH PENN, JOHN PENN, THOMAS PENN AND BENJAMIN LEREW, THEIR HEIRS, SUCCESSORS AND ASSIGNS, AND V. RONALD BROUGH. TAKE NQ.TICE thal on`.the 23rd day of March, 2007, RODNEY L. DECKER,11, filed his J ConiolaintadairlsTthe:above-named Defendants In an Action to QUlet Thle Cumberland County, Pennsylvania, with reference to a tract of land in South Middleton Township, Cumberland County, Pennsylvania, identified and known as 9 follows: BEGINNING at a point which markethe common point of adjoinerof lands now or formerly. of V. Ronald Brough, lands now or formerly of Hannon-Graves Company, and;the within described track; thence extending North thirty-four and one-half (34 12) degrees East, for a distance of thirty-seven and five tenths (37.5) perches to a point;, thenoe-South twenty-three and one-hall (2312) degrees East, for a distance of elghty-three (83) perches to a point at lands now or formerly ofMarlet R. Kapp; thence extending along said lands South seventy-two (72) degrees West, for a distance of thirty-three and four tenths (33.4) perches to a point at lands now or formerly of V. Ronald Brough; thence extending along said lands North twenty-two and one-haff (22 12) degrees West, fora distance of sixty and six tenths (60.6) perches to a point at lands now or formerly, of Harmon-Graves Company, said point marking the place of BEGINNING. CONTAINING 14 acres, 93 perches according to a survey preparedby,Adam Brown, dated November 5,1867, and beingacompilation-of Lots No. 2 and-3 as shown on said survey. SAID COMPLAINT requests the Court to decree that any and all rights of the Defendants In the herein above described premises are released and/or extinguished.. Further, said Complaint requests theCourt 'to declare that title to said premises shall be quieted and confirmed In the Plaintiff and the Plaintiff alone, and further that the Plaintiff be allowed to. enjoy said property without interference from the Defendants, their heirs and assigns, or any other persons. NOTICE You have been sued in court. If you wish to defend yourself against the claims set forth In the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering awritten appearance personally or by attorney and filing In writing with the court Your defensea or objections to the claims set forth against you. You are wamed'that if you tall to do so the case may proceed without you and a judgement maybe: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 PAPE TO YOUR LAWYER AT ONCE. IF YOU DO,NOT"HAVE `A LAWYER. 11 TO ORTELEPHONE THE OFFICE SET FORTH BELOW TO FIND OU.T NHERE YOU CAN GET-LEGAL HELP. THIS OFFICE CAN,PROVIDE'YOU WITH'INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717)249.3166 IF YOU CAN NOT AFFORD TO HIRE AA.AWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH. INFORMATIO'N?,ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A. REDUCED FEE OR NO FEE. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 12th, day of iuly, 2007. Notary Pub My commission expires: / /, /0' COMMONWEALTH OF PENNSYLVANIA Nr>farfal Sod (CIxiStkta L. Wdfe, Notary Pubic CNN* Bono' Clrr ft lafld county W CafflNlismm E)OM Sept 1, 2008 Member, Pennsylvania Association Of Notaries BRIAN C. LINSENBACH, Esquire SCHRACK & LINSENBACH Law Offices M RODNEY L. DECKER, II, Plaintiff VS. WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest, and V. RONALD BROUGH, and the ESTATE OF BENJAMIN LEREW, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1597 CIVIL ACTION -LAW ACTION TO QUIET TITLE ' •c? m n' 'n • > C: N rn AMENDED MOTION FOR PUBLICATION AND NOW, TO WIT, this o2-0 day of T```"-" 2007, comes the Plaintiff, RODNEY L. DECKER, II, by his attorney, Brian C. Linsenbach, Esquire, and files this Motion for Publication. The following of which is a statement: 1. This Action to Quiet Title was commenced by a Complaint filed in the Cumberland County Prothonotary's Office on March 23, 2007. A copy of that Complaint is attached hereto as Exhibit "A". 2. No Judge has ruled upon any issue in this or any related matter prior hereto. 3. Since there is no opposing counsel, no concurrence has been sought. 4. Defendant Brough has signed a Quit Claim Deed to Plaintiff to settle this matter and remove himself from this action. 5. The title of the real estate which is the subject of this action is in the name of the Plaintiff, Rodney L. Decker, II. SCHR&CK 6. The Plaintiff acquired title to this property by deed from Rodney L. Decker, H dated October 3, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, ?"'" ° Pennsylvania on October 5, 2000 in Book 230 at page 383. A copy is attached hereto as Exhibit "B". r 7. The Plaintiff has made a good faith effort to determine the whereabouts of William Penn and Hannah Penn, husband and wife, John Penn, Thomas Penn, and their heirs, assigns, successors, devisees, administrators, and executors and all other parties of interest and the executors of the Estate of Benjamin Lerew as set forth in an Affidavit attached hereto marked Exhibit "C". 8. The only way to serve this Action to Quiet Title is by publication. WHEREFORE, Plaintiff respectfully requests the Honorable Court to enter an Order permitting service of this Complaint in Action to Quiet Title by publication. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES BRIAN C. LINSENBACH, ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone : 717-432-9733 Fax: 717-432-1053 " C } -t -4 , 1 2 p RODNEY L. DECKER, II, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.07-1597 CIVIL TERM : CIVIL ACTION -LAW WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, BENJAMIN LEREW, his heirs, assigns, successors, devisees, ad- ministrators, and executors, V. RONALD : BROUGH, and any and all other parties : of interest, ACTION TO QUIET TITLE Defendants sammCx LAW OFFICES L-WSENRACH ORDER AND NOW, this ?P?_ day of , 2007, an Affidavit of Service of the Complaint with notice to plead having bee sled, and no answer having been made by Defendants, upon consideration of the motion of Plaintiff pursuant to Pa. R.C.P. No. 1066(a), it is hereby: ORDERED that a judgment by default be entered against Defendants, WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, BENJAMIN LEREW, his heirs, assigns, successors, devisees, administrators, and executors, and any and all other parties of interest directing that they, and any persons claiming under them, are forever barred, enjoined and restrained from asserting any right, lien, title or interest in or to the land or any part thereof, inconsistent with the interest or claim of the Plaintiff as set forth in the complaint, more particularly described as follows: ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland, and Commonwealth of Pennsylvania, being identified and known as follows: BEGINNING at a point which marks the common point of adjoiner of lands now or formerly of V. Ronald Brough, lands now or formerly of Harmon-Graves Company, and the within described tract; thence extending North thirty-four and one -half (341/2) degrees East, for a distance of thirty-seven and five tenths (37.5) perches to a point; thence South twenty-three and one-half (231/2) degrees East, for a distance of eighty-three(83) perches to a point at lands now or formerly of Marlet R. Kapp; thence extending along said lands South seventy-two (72) degrees West, for a distance of thirty-three and four tenths (33.4) perches to a point at lands now or formerly of V. Ronald Brough; thence extending along said lands North twenty-two and one-half (221/2) degrees West, for a distance of sixty and six tenths (60.6) perches to a point at lands now or formerly of Harmon-Graves Company, said point marking the place of BEGINNING. CONTAINING 14 acres, 93 perches according to a survey prepared by Adam Brown, dated November 5, 1867, and being a compilation of Lots No. 2 and 3 as shown on said survey. SUBJECT to all Rights-of-Way of record. IT BEING TAX PARCEL NUMBER 40-14-140-078. AND, IT IS FURTHER ORDERED AND DECREED that a copy of this Decree shall be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and shall be entered in said Office in the name of the Plaintiff and Defendants; the Defendants' names to be indexed in the Grantor's index, and the name of the Plaintiff to be indexed in the Grantee's index; said Order to be construed as a power of attorney authorizing the Recorder of Deeds to accept this Order for recordation, as hereinbefore set forth. AND, IT IS FURTHER ORDERED AND DECREED that Defendants are permanently enjoined from entry upon the land that is the subject of this action, without permission being specifically granted to Defendants by Plaintiff. J. SCMACK & LumimMCA LAW OFFICES August 1, 2007, Final Judgment is hereby entered in favor of the Plaintiff and against the Defendants Pursuant to PA R.C.P. Rule No. 1066 & Local Rule 1066.4 • rIGS is R. Long, th otary S? 62 ;4,1 VN`,tAIASNN?d &LN66, rr a -; wn? Z+ :s WV 1- OAV LOOZ A*1G C)HiOcd 3HIA RODNEY L. DECKER, II, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.07-1597 CIVIL TERM CIVIL ACTION - LAW WILLIAM PENN and HANNAH PENN, husband and wife, JOHN PENN, THOMAS PENN, their heirs, assigns, successors, devisees, administrators, and executors, BENJAMIN LEREW, his heirs, assigns, successors, devisees, ad- ministrators, and executors, V. RONALD : BROUGH, and any and all other parties : of interest, Defendants TO THE PROTHONOTARY; ACTION TO QUIET TITLE PRAECIPE Please mark the above captioned Action settled and satisfied as against Defendant V. Ronald Brough only. Date: 6 By: BRIAN C. LINSEN ACH, ESQUIRE (87360) SCHRACK & LINSENBACH LAW OFFICE 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0310 SCHUCx,& LiNSENBAACH LAW OFFICES C'1 ? d Cl G _>