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Home My WebLink About01-04768DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 0%N~GB CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE 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 attorney and filing in writing with a 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 Plaintif£ 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, PA 17013 (717) 249-3166 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Date: August 13, 2001 SNELBA , BRENNEMAN & SPARE, P.C. By Att rneys for Plaintiff DUNKAIZD BRETHREN CHURCH OF PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUM$ERLAND COUNTY, PENNSYLVANIA No: QL _117 CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants COMPLAINT AND NOW, comes Plaintiff Dunkard Brethren Church of Mechanicsburg, Pennsylvania, its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers this cause of action in quiet title follows: Plaintiff herein is DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, a Pennsylvania non-profit corporation, having its principal office at 168 Wolf s Bridge Road, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff is the owner of a parcel of land situated on the northern side of U.S. Route 15, sometimes called Gettysburg Pike (or "new Gettysburg Pike") in Upper Allen Township, Cumberland County, Pennsylvania, improved with a church structure, sometimes known as "Mohler House" or "Mohler's Church" and a cemetery, as acquired from the Trustees of the Lower Cumberland Congregation of the Southern District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded in LAW OFFICES SNELBAKER. BRENNEMAN & SPARE the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 4026. 2. The subject matter of this action is a triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which are more particularly bounded and described as follows (hereinafter called "Subject Land"): Side #1: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastern corner of Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwardly direction to the second point mentioned in the above description of Side # 1. Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278 of an acre, attached hereto marked "Exhibit A" and incorporated herein by reference thereto. LAW OFFICES SNELaAKER. 3. The Defendants are the heirs of Margaret D. Miller, Deceased, including, BRENNEMAN & SPARE but not limited to: A. GLADYS FISH, an adult individual, whose last known address is 3443 Derry Street, Harrisburg, Dauphin County, Pennsylvania. B. MARGARET FEESER, an adult individual, whose last known address is 3201 Penbrook Avenue, Harrisburg, Dauphin County, Pennsylvania. C. ASA MILLER, an adult individual, whose last known address is R.D. 2, Dillsburg, York County, Pennsylvania. D. BERNICE H. SHORT, an adult individual, whose last known address is R.D. 1, Newville, Cumberland County, Pennsylvania. 4. Said Defendants are further identified based upon the following background: A. Margaret D. Miller was and continues to be the last owner of record of the Subject Land (as more fully identified in Paragraph 2 hereinabove), following the death of her husband, Israel W. Miller, on July 20, 1958, by reason of a deed of conveyance of a larger tract of land more fully described in Deed Book "S", Volume 11, Page 23, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. B. Margaret D. Miller died on August 16, 1963, leaving a Last Will and Testament dated February 20, 1963, which was duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, on August 26, 1963. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE C. Defendants GLADYS FISH and MARGARET FEESER duly qualified and were appointed Executrices of the Estate and Will of Margaret D. Miller, Deceased, by said Register of Wills on August 26, 1963. 3 D. Said Will of Margaret D. Miller directed that the residue of her Estate be distributed to her four children, namely, Gladys Fish, Margaret Feeser, Asa Miller and Bernice H. Short. E. The Executrices aforesaid sold and conveyed a substantial part of the real estate identified in subparagraph A immediately above to Interchange 17, Inc., by deed dated April 1, 1965, and recorded in the Recorder's Office aforesaid in Deed Book "N", Volume 21, Page 822, all of said conveyed land being located on the southern side of a public road sometimes then called L.R. 123, Gettysburg Pike and/or United States Route IS (U.S. Route #15), and did not convey the Subject Land, all of which latter land is located on the northern side of said public road. F. The Executrices aforesaid closed the Estate of Margaret D. Miller, Deceased, by First and Final Account which was duly confirmed by the Orphans' Court in and for Cumberland County, Pennsylvania, on June 22, 1965, and made distribution of the residue of said Estate unto the individual Defendants above by Order of Distribution entered on G. To the extent that record title to the Subject Land is not vested in the Individual Defendants, it has devolved unto the heirs of the said Margaret D. Miller. 5. Since on or about April 1, 1965, Plaintiff has been, by itself and its LAW pFFICES SNELBAKER. BRENNEMAN 8f SPARE predecessors in interest, in the actual, open, continuous, exclusive, hostile and adverse possession of the Subject Land as above described, being a period of time more than 4 twenty-one (21) years prior to the filing of this Complaint, claiming to own said Subject Land in fee against the whole world. 6. Defendants may have a claim or claims or may assert an interest or interests in said Subject Land adverse to Plaintiff, which claim, claims, interest or interests are without any right whatsoever, and Defendants have not, nor has any of them, any estate, title, right or interest whatsoever in said Subject Land or any part thereof. WHEREFORE, Plaintiff prays: (1) that Defendants and also atl other persons unknown, claiming any right, title, estate, lien or interest in the Subject Land above described adverse to Plaintiff s ownership may be required to set forth the nature of their several claims; (2) that all adverse claims of Defendants or any of them be determined by a decree of this Court; (3) that by said decree, it be declared and adjudged that Plaintiff is the owner of said Subject Land and Defendants, or any of them, have no estate or interest whatsoever in or to said Subject Land; (4) that Defendants, and each and every one of them, be forever barred from asserting any claim whatsoever in or to said Subject Land adverse to Plaintiff, and (5) that the Court grant such other and further relief as is just and proper. SNELBA RE AN & SPARE, P. C. By ~^ ichard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff Dated: Aug. 13 , 2001 5 VERIFICATION I, Diane M. Beeman ,being the Secretary of Dunkard Brethren Church of Mechanicsburg, Pennsylvania, a corporation, the Plaintiff herein, and being duly authorized to do so, do hereby verify that the facts set forth in the foregoing Complaint within my knowledge are true and correct and that the facts not within my personal knowledge I believe to be true and correct based upon the information of others. I understand that any false statements herein are subject to the practices of 18. Pa. C.S. § 4904 relating to unsworn falsification to authorities. o~6Clnc~. y1'/ ~~n-~ Secretary, Dunkard Brethren Church of Mechanicsburg, Pennsylvania Dated: Aug. 9.2001. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE c~ ~_ r_,. c. ~ ~~ f ~ ~'- r- ~ _~. _ ~ ~ (~ ~ ~~ ~ ~ ~ rv ;i e ~ n -~. {~¢TfrxB,N~ 6:.' i+cn x"v'n°<EWPs} _ _ _. ... , e SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DUNKARD BRETHREN CHURCH OF MEC VS MILLER MARGARET D HEIRS OF R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: LLER MARGARET D DECEASED HEIRS OF but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT -QUIET TITLE NOT SERVED as to the within named DEFENDANT MILLER MARGARET D DECEASED HEIRS OF NO ADDRESS WAS PROVIDED FOR SERVICE. Sheriff's Costs: So answer - Docketing 18,00 Service ,00 Affidavit ,00 ~-THOMAS KLINE Surcharge 10,00 SHERIFF OF CUMBERLAND COUNTY .00 28,00 SNELBAKER BRENNEMAN 09/13/2001 Sworn and subscribed to before me this /F~ day of ~„~,,,,~ a2~vj A.D. -~~~-e ~ ProtHonotary ~~ .;,~~~ SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUM$ERLAND DUNKARD BRETHREN CHURCH OF MEC VS MILLER MARGARET D HEIRS OF R. Thomas 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 to wit: FISH GLADYS but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT -QUIET TITLE County, Pennsylvania, to On September 13th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 nn 1 V . V V 09/13/2001 SNELBAKER Sworn and subscribed to before me K. this /F ~ day of r„~, ~°'yl A.D. in his bailiwick. He therefore So answer /~.1~.~ R. Thomas Kline Sheriff of Cumberland County t~ ~R~i (/ !- Prothonotar'~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNKARD BRETHREN CHURCH OF MEC VS MILLER MARGARET D HEIRS OF 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 to wit: FEESER MARGARET but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT -QUIET TITLE County, Pennsylvania, to On September 13th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. homas Kline Dep Dauphin Co 35.25 Sheriff of Cumberland County .00 60.25 09/13/2001 SNELBAKER BRENNEMAN Sworn and subscribed to before me this ~ day of ,7rry / A . D . ~ Prothonotary in his bailiwick. He therefore ,~~~s SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DUNKARD BRETHREN CHURCH OF MEC VS MILLER MARGARET D HEIRS OF R. Thomas Kline . Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: MILLER ASA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT -QUIET TITLE NOT SERVED as to the within named DEFENDANT MILLER ASA INSUFFICIENT ADDRESS FOR SERVICE. Sheriff's Costs: So answer~j_ Docketing 6.00 Service .00 ~,. Affidavit .00 R. THOMAS KLIN Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY .00 16.00 SNELBAKER BRENNEMAN 09/13/2001 Sworn and subscribed to before me this ~_ day of t .. ~., ~wp(n A.D. ~`~` Prot otary ' .,,~, SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUM$ERLAND DUNKARD BRETHREN CHURCH OF MEC VS MILLER MARGARET D HEIRS OF R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SHORT BERNICE H but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT -QUIET TITLE NOT SERVED as to the within named DEFENDANT SHORT BERNICE H INSUFFICIENT ADDRESS FOR SERVICE. Sheriff's Costs: So answe Docketing 6.00 Service .00 Affidavit .00 R. THOMAS KLINE Surcharge 10.00 SHERIFF OF CUMBER AND COUNTY .00 16.00 SNELBAKER BRENNEMAN 09/13/2001 Sworn and subscribed to before me this /P ~ day of ~~~ A.D. C - Pr t onotary ' In The Court of Common Pleas of Cumberland County, Pennsylvania Dunkard Brethren Church of Mechanicsburg, Pennsylvania VS. Gladys Fish No. 2001-4768 Civil Term Now, August 14 , zoos , 20, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit ®f Service Now, within upon at by handing to a and made known to 20, at o'clock M. served the copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20_ County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. ~~, ~:~ ~~ ~dN to~ ~ii~"~ ~.i ~;i;ulrinc;i'i~tidtiri~85'als a•, 'J Fd rl r.ii ,~i~~ °~~r~~H~n a~ ~ - _. _ ~uasrrc~~a~a~~t~asahm ,z.., r ,~~+ - ~* x a. ~-a ~csv aav ,~ c .~.,:.x~, ~s .r __. ?°/1?/2??i. ?9:35 7?.7257AR27. EX?RF_55 MAIL Sep .tn Ot OB: 16a rAaupnin eounta 6herrii 255 2889 REQUEST FOR .ADDRESS IAIFOItMATION TO: ptk1TA9ASTER OF HAPRISHIIRG Fax: 2"7.4821 or Z57-2101 FRAM: A,ttipEBpV000NTYSl1ERIFF'SUFFiCE Psx:245•Z689 P.O. Dt)X 1067 FIARRISpURQ PA 171081067 ATTENTION: M®rinu Please famish this agency with the new address, if available, for the following individual or verify whether or not the address given below is one of which mail for this itdividual is cur:'ertly being delivered. If tho following address is a poet office box, Please fiernish the strat addteste as recorded on the boxholdar's applieatitm form. Name: Gladys Flrh Last lutowu address: 2343 Derry St ~ ~NI Ilarrlrbarg, Po ~ NI ~- PAGE 02 p.3 ! cartffi' tkot the wfdnss isrforaraebn jor rA~fs Usdivldyd is required jar eke peejormaes~ ojtkis apertcy's eJJFcdo! dAay. ~,~~c__. ~.._ (Syteataro of Agerq' OlReian ,ViERIFF (Title) ~ MAIL IS DBLIV8.R8:D TO ADDRESS CIYgN ^ NOT KNOWN ATADDRE9$CIYLN ^ MOVBD, LEItT NO~PORvYARDING ADDRESS ^ NO SUCH ADDRESS [~+QTNEA {SPECID1f): VEW ADDRESS [KIXHOLDEN'S ADDRESS ',. p /' `'', ~,, ~..~ r I 7~ ~., r i.. :1 . ~"~ (~~~i~Q ~f ~~ o~5~exr ff Mary Jane Snyder Real Estate DepuTy William T. Tully Solicitor Dauphin County Harrisbwg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy COUIUIOUWCRIYII Of P¢UUS)'IVaRia DUNKARD BRETHREN CHURCH OF vs CODUty Of D$Uphin FEESER MARGARET Sheriff's Return No. 2214-T - - -2001 OTHER COUNTY N0. 2001-4768 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for FISH GLADY'S the DEFENDANT named in the within COMPLAINT TO A QUIET TITLE & NOTICE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 10, 2001 NEED A SETTER ADDRESS FCR DEFENDANT. 3443 DERRY ST., HSG., PA PROPERTY IS VACANT. POST OFFICE HAS NOTHING ON FILE FOR DEFENDANT. Sworn and subscribed to before me this 10TH day of SEPTEMBER, 2001 l PROTHONOTARY So Answers, ~'~°~~~ Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $35.25 PD 08/16/2001 RCPT NO 153153 In The Court of Common Pleas of Cumberland County, Pennsylvania Dunkard Brethren Church of Mechanicsburg, Pennsylvania VS. Margaret Feeler No. ~nnt a~~n r• •i mgrm Now, August 14 , 2001 , 20_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff ~~~ ,e[ Sheriff of Cumberland County, PA Affidavit ®f Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the E~ ~6 ~~' ~ 1 ~fi~ t f? tct:::_: err?s1~?i'rF+ 3ald~Q S,~dI~1~F15 f,iPdf103 P~IErfd(1'JO ~e~:~~+a~,~.s~a~;g..~m.,~r~~,are~~e ?~?~~~i~r M,,,...~x .r=:,F,rs + a;x~.s, v.- :=xu:~~~ormr @o_/"?(2Q0J. @9;35 T.7257aR27. EXPRESS MASL Sip 30 n; 08z i8s Dauphin COUnty 9her~if 255 2889 REQUEST FOR ADDRESS INFORMATION To: P037'MAbTER OF HARRISBURG Fax: 257.4621 0: 257.2101 FROM: DAUPHIN COUNTYSHERIPIrgOFFICE Fex:2S5-2889 P.O. BOX 1067 HARWSBURG, PA 17108.1067 ATTENTION: Marline PAGF_ 03 p.2 Alease famish this agency with the new address, if available, for the t'olloxting individeu! or v~liy whether or not the address given below is one nt which mail for this individwl is currently being delivered. If the following address is a post ofAee box, please tbrnish the sncet addrtK.a as recorded on the boxholdc's spplication fem. Na~ae: A4wgaerFreder I.>tet kaewn address: 320/ Penbrook Ave (,,.' f ,,,f. Flmrirdarg. Pa `'r/ ! certFJy that Ike addresslnfwnrolfon for rkfs lRdNldaal a regaired for Ike peI forlraace njt/rh ageney's o,(yfeea! daq, G7~'.~c (siBllatar~. a ABeney Official) SHERIFF .! (Title) FOX POSTOPFICB USE OKLY (] MAIL IS DELIVERED TO ADDRBBS GIVEN NBW ADDRESS [] !IOT KNOWN AT ADDRESS CIVBK __ p MOVED, LEFT NO FORWARDING ADDRESS ~ ~_ N6 SVCH ADDRESS (^ ~ ~pTHER(SPECIFY): E~I~~'YMQ- 80%HULDBR'SADU °.. S~:,P `;, - ~ z~; '~~/', c 1.1 ,..~ ~.. ~~~tx~ ~f ~~ ~~~xtff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff So Answers, ~~°~~~ Sheriff of Dauphin County, Pa. Commonwealth Of Pennsylvania DUNKARD BRETHREN CHURCH OF vs COnnt)' Of DflUphin FEESER MARGARET Sheriff's Return No. 2214-T - - -2001 OTHER COUNTY NO. 2001-4768 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for FEESER MARGARET the DEFENDANT named in the within COMPLAINT TO A QUIET TITLE & NOTICE and that 2 am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 10, 2001 DEFENDANT MOVED FROM 3201 PENBROOK AVE., HBG., PA 5 YEARS AGO PER NEW TENANT. POST OFFICE HAS NOTHING ON FILE FOR DEFENDANT. Sworn and subscribed to before me this 10TH day of SEPTEMBER, 2001 ~_ ~. f 6 PROTHONOTARY By J. Darnel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Deputy Sheriff Sheriff's Costs: $35.25 PD 08/16/2001 RCPT NO 153153 `;.~ DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No:D/-~/7/c~ CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE 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 attorney and- filing in writing with a 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, PA 17013 (717) 249-3166 LAW OFFICES $NELBAKER. BRENNEMAN & SPARE SNELBA , BRENNEMAN & SPARE, P. C. By Att rneys for Plaintiff Date: August 13, 2001 17 I""~~,€l~`sa~4~y La,~~a ~~Y, a 6~3i~ a,~?r ~"-* at:~ B~~ta~J „~d tla~s 1 ~ ~~3 ~~i ~'1 F~ri4. I'd. iiyl~~ y~ft-i-.~~_, ~L T/ PrptPtot~titary DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: CIVIL TERM S OF MARGARET D. MILLER, rsed, including, but not limited to, DYS FISH, MARGARET FEESER, MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants COMPLAINT AND NOW, comes Plaintiff Dunkard Brethren Church of Mechanicsburg, Pennsylvania, its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers this cause of action in quiet title as follows: Plaintiff herein is DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, a Pennsylvania non-profit corporation, having its principal office at 168 Wolf s Bridge Road, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff is the owner of a parcel of land situated on the northern side of U.S. Route 15, sometimes called Gettysburg Pike (or "new Gettysburg Pike") in Upper Allen Township, Cumberland County, Pennsylvania, improved with a church structure, sometimes known as "Mohler House" or "Mohler's Church" and a cemetery, as acquired from the Trustees of the Lower Cumberland Congregation of the Southern District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded in lAW OFFICES SNELBAKER, BRENNEMAN & SPARE the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 4026. Z. The subject matter of this action is a triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which are more particularly bounded and described as follows (hereinafter called "Subject Land"): Side #1: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastern corner of Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of-way line of Pennsylvania State Highway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwardly direction to the second point mentioned in the above description of Side # 1. Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278 of an acre, attached hereto marked "Exhibit A" and incorporated herein by reference thereto. LAW OFFICES SNELaAI(ER. 3. The Defendants are the heirs of Margaret D. Miller, Deceased, including, BRENNEMAN & SPARE but not limited to: 2 A. GLADYS FISH, an adult individual, whose last known address is 3443 Derry Street, Harrisburg, Dauphin County, Pennsylvania. B. MARGARET FEESER, an adult individual, whose last known address is 3201 Penbrook Avenue, Harrisburg, Dauphin County, Pennsylvania. C. ASA MILLER, an adult individual, whose last known address is R.D. 2, Dillsburg, York County, Pennsylvania. D. BERNICE H. SHORT, an adult individual, whose last known address is R.D. 1, Newville, Cumberland County, Pennsylvania. 4. Said Defendants are further identified based upon the following background: A. Margaret D. Miller was and continues to be the last owner of record of the Subject Land (as more fully identified in Pazagraph 2 hereinabove), following the death of her husband, Israel W. Miller, on July 20, 1958, by reason of a deed of conveyance of a larger tract of land more fully described in Deed Book "S", Volume 11, Page 23, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. B. Mazgazet D. Miller died on August 16, 1963, leaving a Last Will and Testament dated February 20, 1963, which was duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, on August 26, 1963. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE C. Defendants GLADYS FISH and MARGARET FEESER duly qualified and were appointed Executrices of the Estate and Will of Margaret D. Miller, Deceased, by said Register of Wills on August 26, 1963. 3 i D. Said Will of Margaret D. Miller directed that the residue of her Estate be distributed to her four children, namely, Gladys Fish, Margaret Feeser, Asa Miller and Bernice H. Short. E. The Executrices aforesaid sold and conveyed a substantial part of the real estate identified in subparagraph A immediately above to Interchange 17, Inc., by deed dated April 1, 1965, and recorded in the Recorder's Office aforesaid in Deed Book "N", Volume 21, Page 822, all of said conveyed land being located on the southern side of a public road sometimes then called L.R. 123, Gettysburg Pike and/or United States Route 15 (U.S. Route #15), and did not convey the Subject Land, all of which latter land is located on the northern side of said public road. F. The Executrices aforesaid closed the Estate of Margaret D. Miller, Deceased, by First and Final Account which was duly confirmed by the Orphans' Court in and for Cumberland County, Pennsylvania, on June 22, 1965, and made distribution of the residue of said Estate unto the individual Defendants above by Order of Distribution entered on G. To the extent that record title to the Subject Land is not vested in the Individual Defendants, it has devolved unto the heirs of the said Margaret D. Miller. 5. Since on or about April 1, 1965, Plaintiff has been, by itself and its LAW OFFICES sNELBAKER, predecessors in interest, in the actual, open, continuous, exclusive, hostile and adverse BRENNEMAN ~ SPARE possession of the Subject Land as above described, being a period of time more than 4 twenty-one (21) years prior to the filing of this Complaint, claiming to own said Subject Land in fee against the whole world. 6. Defendants may have a claim or claims or may assert an interest or interests in said Subject Land adverse to Plaintiff, which claim, claims, interest or interests are without any right whatsoever, and Defendants have not, nor has any of them, any estate, title, right or interest whatsoever in said Subject Land or any part thereof. WHEREFORE, Plaintiff prays: (1) that Defendants and also all other persons unknown, claiming any right, title, estate, lien or interest in the Subject Land above described adverse to Plaintiff's ownership may be required to set forth the nature of their several claims; (2) that all adverse claims of Defendants or any of them be determined by a decree of this Court; (3) that by said decree, it be declared and adjudged that Plaintiff is the owner of said Subject Land and Defendants, or any of them, have no estate or interest whatsoever in or to said Subject Land; (4) that Defendants, and each and every one of them, be forever barred from asserting any claim whatsoever in or to said Subject Land adverse to Plaintiff, and (5) that the Court grant such other and further relief as is just and proper. SNELBA RE AN & SPARE, P.C. By ~--^ ichard C. Snelbaker, Esquire 44 West Main Street LAW OFFICES SNELBAKER, BRENNEMAN Bt SPARE P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Dated: Aug. 13 , 2001 5 4 s 1 ~ VERIFICATION I, Diane M. Beeman ,being the Secretary of Dunkard Brethren Church of Mechanicsburg, Pennsylvania, a corporation, the Plaintiff herein, and being duly authorized to do so, do hereby verify that the facts set forth in the foregoing Complaint within my knowledge are true and correct and that the facts not within my personal knowledge I believe to be true and correct based upon the information of others. I understand that any false statements herein are subject to the practices of 18. Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~. ~~ .~ ~ Secretary, Dunkard Brethren Church of Mechanicsburg, Pennsylvania Dated: Aug. 9, 2001. lAW OFFICES SNELBAKER. BRENNEMAN & SPARE P a~,9 ~t6~6 6dG' SI Jf1~ i~ 7sn~ul`Efno:i ,iiNrl~a~Mirt"r~;•c ltdti ~~Sp. IN ~~ ~'C a -_I ~ r4 • d j{19ii~s ~ - ' 4. ii~¢s'+rta!rcnas~. mnoa+pnvawwmAU~am ..,;a::..~ r ..-= t:,;v .,s„y. ~.qe:t^~ y~ 4,zregas~ryv ~si~ ~a~-,.c-~=4'~raa~,"s.~-`9948 DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: Q`-ej76~ CIVIL TERM ACTION TO QUIET TITLE 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 attorney and filing in writing with a 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 Baz Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 LAW OFFICES SNELBAKER. BRENNEMAN N[ SPARE SNELBA , BRENNEMAN & SPARE, P.C. By Att rneys for Plaintiff Date: August 13, 2001 IY- Testi~¢~y waarr~t, 0 Bter~ t.Pgag~ ~ ~~ ~ arg~ the SCI of saahl Curt at ih+~---~_day ~p Car~s~e. Pa ~@th4P~ot~sV BRETHREN CHURCH OF : IN THE COURT OF COMMON PLEAS OF 'SBURG, PENNSYLVANIA, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No: CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants COMPLAINT AND NOW, comes Plaintiff Dunkard Brethren Church of Mechanicsburg, Pennsylvania, by its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers this cause of action in quiet title as follows: Plaintiff herein is DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, a Pennsylvania non-profit corporation, having its principal office at 168 Wolf s Bridge Road, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff is the owner of a parcel of land situated on the northern side of U.S. Route 15, sometimes called Gettysburg Pike (or "new Gettysburg Pike") in Upper Allen Township, Cumberland County, Pennsylvania, improved with a church structure, sometimes known as "Mohler House" or "Mohler's Church" and a cemetery, as acquired from the Trustees of the Lower Cumberland Congregation of the Southern District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded in LAW OFFICES SNEL6AKER, BRENNEMAN & SPARE the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in heed Book 247, Page 4026. 2. The subject matter of this action is a triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which are more particularly bounded and described as follows (hereinafter called "Subject Land"): Side #1: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastern corner of Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwardly direction to the second point mentioned in the above description of Side # 1. Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278 of an acre, attached hereto marked "Exhibit A" and incorporated herein by reference thereto. LAW OFFICES sNEL9AKER. 3. The Defendants are the heirs of Margaret D. Miller, Deceased, including, BRENNEMAN & SPARE but not limited to: 2 A. GLADYS FISH, an adult individual, whose last known address is 3443 Derry Street, Harrisburg, Dauphin County, Pennsylvania. B. MARGARET FEESER, an adult individual, whose last known address is 3201 Penbrook Avenue, Harrisburg, Dauphin County, Pennsylvania. C. ASA MILLER, an adult individual, whose last known address is R.D. 2, Dillsburg, York County, Pennsylvania. D. BERNICE H. SHORT, an adult individual, whose last known address is R.D. I, Newville, Cumberland County, Pennsylvania. 4. Said Defendants are further identified based upon the following background: A. Margaret D. Miller was and continues to be the last owner of record of the Subject Land (as more fully identified in Paragraph 2 hereinabove), following the death of her husband, Israel W. Miller, on July 20, 1958, by reason of a deed of conveyance of a larger tract of land more fully described in Deed Book "S", Volume 1 I, Page 23, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. B. Margaret D. Miller died on August 16, 1963, leaving a Last Will and Testament dated February 20, 1963, which was duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, on August 26, 1963. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE C. Defendants GLADYS FISH and MARGARET FEESER duly qualified and were appointed Executrices of the Estate and Will of Mazgazet D. Miller, Deceased, by said Register of Wills on August 26, 1963. D. Said Will of Margaret D. Miller directed that the residue of her Estate be distributed to her four children, namely, Gladys Fish, Mazgazet Feeser, Asa Miller and Bernice H. Short. E. The Executrices aforesaid sold and conveyed a substantial part of the real estate identified in subparagraph A immediately above to Interchange 17, Inc., by deed dated April 1, 1965, and recorded in the Recorder's Office aforesaid in Deed Book "N", Volume 21, Page 822, all of said conveyed land being located on the southern side of a public road sometimes then called L.R. 123, Gettysburg Pike and/or United States Route 15 (U.S. Route #15); and did not convey the Subject Land, all of which latter land is located on the northern side of said public road. F. The Executrices aforesaid closed the Estate of Margaret D. Miller, Deceased, by First and Final Account which was duly confirmed by the Orphans' Court in and for Cumberland County, Pennsylvania, on June 22, 1965, and made distribution of the residue of said Estate unto the individual Defendants above by Order of Distribution entered on G. To the extent that record title to the Subject Land is not vested in the Individual Defendants, it has devolved unto the heirs of the said Mazgazet D. Miller. Since on or about April 1, 1965, Plaintiff has been, by itself and its LAW OFFICES SNELBAK@R, BRENNEMAN & SPARE predecessors in interest, in the actual, open, continuous, exclusive, hostile and adverse possession of the Subject Land as above described, being a period of time more than 4 :. twenty-one (21) years prior to the filing of this Complaint, claiming to own said Subject Land in fee against the whole world. 6. Defendants may have a claim or claims or may assert an interest or interests in said Subject Land adverse to Plaintiff, which claim, claims, interest or interests are without any right whatsoever, and Defendants have not, nor has any of them, any estate, title, right or interest whatsoever in said Subject Land or any part thereof. WHEREFORE, Plaintiff prays: (1) that Defendants and also all other persons unknown, claiming any right, title, estate, lien or interest in the Subject Land above described adverse to Plaintiff s ownership may be required to set forth the nature of their several claims; (2) that all adverse claims of Defendants or any of them be determined by a decree of this Court; (3) that by said decree, it be declared and adjudged that Plaintiff is the owner of said Subject Land and Defendants, or any of them, have no estate or interest whatsoever in or to said Subject Land; (4) that Defendants, and each and every one of them, be forever barred from asserting any claim whatsoever in or to said Subject Land adverse to Plaintiff, and (5) that the Court grant such other and further relief as is just and proper. SNELBA RE AN & SPARE, P.C. By AGLt~--~ ichard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 LAW OFFICES $NELBAKER. BRENNEMAN & SPARE Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff Dated: Aug. 13 , 2001 5 ~. 4. VERIFICATION I, biane M. Beeman ,being the Secretary of Dunkard Brethren Church of Mechanicsburg, Pennsylvania, a corporation, the Plaintiff herein, and being duly authorized to do so, do hereby verify that the facts set forth in the foregoing Complaint within my knowledge are true and correct and that the facts not within my personal knowledge I believe to be true and correct based upon the information of others. I understand that any false statements herein are subject to the practices of 18. Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~~~ Secretary, Dunkard Brethren Church of Mechanicsburg, Pennsylvania Dated: Aug. 9, 2001. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Y ,~ IW ~~ ®~Y ~1 V~ISB ~{.J 'Qjii ~~ i ~1 NI~C~~~iN i~f1 ~~ooulano~ e,iwnos ~at~+,an d a ?~t~3Q S.$dttf3Fi~ ~.~.wno~ ~rf~~n ao _ ,~L~ t 1. t" ~~~ t~ ~`,l Q~ ,;~j c.~ ~~,J J,i?i;1~_ °_~ ,~;,;rd3Ci 3di8:r:S .... _ -.S1Em119PR51~RIm~re+~rta1W'3~3° `Sa^~,a~ ~msu §r€ce_e+Fm~sn ns~PSF~2Fk5Ra~&..,. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No: Q/.~/76~CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE 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 attorney and filing in writing with a 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, PA 17013 (717) 249-3166 Date: August 13, 2001 SNELBA , BRENNEMAN & SPARE, P.C. By Att rneys for Plaintiff BRETHREN CHURCH OF IN THE COURT OF COMMON PLEAS OF 'SBURG, PENNSYLVANIA, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No: CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants COMPLAINT AND NOW, comes Plaintiff Dunkard Brethren Church of Mechanicsburg, Pennsylvania, by its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers this cause of action in quiet title as follows: Plaintiff herein is DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, a Pennsylvania non-profit corporation, having its principal office at 168 Wolf s Bridge Road, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff is the owner of a pazcel of land situated on the northern side of U.S. Route 15, sometimes called Gettysburg Pike (or "new Gettysburg Pike") in Upper Allen Township, Cumberland County, Pennsylvania, improved with a church structure, sometimes known as "Mohler House" or "Mohler's Church" and a cemetery, as acquired from the Trustees of the Lower Cumberland Congregation of the Southern District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded in LAW OFFICES SNELBAKER, BRENNEMAN & SPARE the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 4026. 2. The subject matter of this action is a triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which are more particularly bounded and described as follows (hereinafter called "Subject Land"): Side #1: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastern corner of Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwardly direction to the second point mentioned in the above description of Side # 1. Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278 of an acre, attached hereto marked "Exhibit A" and incorporated herein by reference thereto. LAW OFFICES SNELaAICER. 3. The Defendants are the heirs of Margaret D. Miller, Deceased, including, BRENNEMAN & SPARE but not limited to: A. GLADYS FISH, an adult individual, whose last known address is 3443 Derry Street, Harrisburg, Dauphin County, Pennsylvania. B. MARGARET FEESER, an adult individual, whose last known address is 3201 Penbrook Avenue, Harrisburg, Dauphin County, Pennsylvania. C. ASA MILLER, an adult individual, whose last known address is R.D. 2, Dillsburg, York County, Pennsylvania. D. BERNICE H. SHORT, an adult individual, whose last known address is R.D. 1, Newville, Cumberland County, Pennsylvania. 4. Said Defendants are further identified based upon the following background: A. Margaret D. Miller was and continues to be the last owner of record of the Subject Land (as more fully identified in Paragraph 2 hereinabove), following the death of her husband, Israel W. Miller, on July 20, 1958, by reason of a deed of conveyance of a larger tract of land more fully described in Deed Book "S", Volume 11, Page 23, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. B. Mazgaret D. Miller died on August 16, 1963, leaving a Last Will and Testament dated February 20, 1963, which was duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, on August 26, 1963. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE C. Defendants GLADYS FISH and MARGARET FEESER duly qualified and were appointed Executrices of the Estate and Will of Margaret D. Miller, Deceased, by said Register of Wills on August 26, 1963. 3 D. Said Will of Margaret D. Miller directed that the residue of her Estate be distributed to her four children, namely, Gladys Fish, Margaret Feeser, Asa Miller and Bernice H. Short. E. The Executrices aforesaid sold and conveyed a substantial part of the real estate identified in subparagraph A immediately above to Interchange 17, Inc., by deed dated April 1, 1965, and recorded in the Recorder's Office aforesaid in Deed Book "N", Volume 21, Page 822, all of said conveyed land being located on the southern side of a public road sometimes then called L.R. 123, Gettysburg Pike and/or United States Route 15 (U.S. Route #15), and did not convey the Subject Land, all of which latter land is located on the northern side of said public road. F. The Executrices aforesaid closed the Estate of Margaret D. Miller, Deceased, by First and Final Account which was duly confirmed by the Orphans' Court in and for Cumberland County, Pennsylvania, on June 22, 1965, and made distribution of the residue of said Estate unto the individual Defendants above by Order of Distribution entered on G. To the extent that record title to the Subject Land is not vested in the Individual Defendants, it has devolved unto the heirs of the said Margaret D. Miller. Since on or about April 1, 1965, Plaintiff has been, by itself and its LAW OFFICES SNELBAKER. BRENNEMAN & SPARE predecessors in interest, in the actual, open, continuous, exclusive, hostile and adverse possession of the Subject Land as above described, being a period of time more than 4 twenty-one (21) years prior to the filing of this Complaint, claiming to own said Subject band in fee against the whole world. Defendants may have a claim or claims or may assert an interest or interests in said Subject Land adverse to Plaintiff, which claim, claims, interest or interests are without any right whatsoever, and Defendants have not, nor has any of them, any estate, title, right or interest whatsoever in said Subject Land or any part thereof. WHEREFORE, Plaintiff prays: (1) that Defendants and also all other persons unknown, LAW OFFICES SNELBAKER. BRENNEMAN & SPARE claiming any right, title, estate, lien or interest in the Subject Land above described adverse to Plaintif#'s ownership may be required to set forth the nature of their several claims; (2) that all adverse claims of Defendants or any of them be determined by a decree of this Court; (3) that by said decree, it be declazed and adjudged that Plaintiff is the owner of said Subject Land and Defendants, or any of them, have no estate or interest whatsoever in or to said Subject Land; (4) that Defendants, and each and every one of them, be forever barred from asserting any claim whatsoever in or to said Subject Land adverse to Plaintiff, and (5) that the Court grant such other and further relief as is just and proper. SNELBA RE AN & SPARE, P.C. By 'chazd C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff Dated: nug. 13 , 2001 5 VERIFICATION I, Diane M. Beeman ,being the Secretary of Dunkard Brethren Church of Mechanicsburg, Pennsylvania, a corporation, the Plaintiff herein, and being duly authorized to do so, do hereby verify that the facts set forth in the foregoing Complaint within my knowledge are true and correct and that the facts not within my personal knowledge I believe to be true and correct based upon the information of others. I understand that any false statements herein are subject to the practices of 18. Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~ ~ ~~ Secretary, Dunkard Brethren Church of Mechanicsburg, Pennsylvania Dated: Aug. 9, 2001. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE P ,i ,:„i t`PJ .: iAO~P ., ~dAkW>P';~`.'M°°=%- 5 •'4-`+•.,- .: A:,~.=vkSV54~e1~~1HF~£99~Afi : .,,_ DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: d/-y~(v~ CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE 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 attorney and filing in writing with a 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 Cazlisle, PA 17013 (717)249-3166 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Date: August 13, 2001 SNELBA , BRENNEMAN & SPARE, P.C. By Att rneys for Plaintiff BRETHREN CHURCH OF IN THE COURT OF COMMON PLEAS OF SBURG, PENNSYLVANIA, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No: CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants COMPLAINT AND NOW, comes Plaintiff Dunkard Brethren Church of Mechanicsburg, Pennsylvania, by its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers this cause of action in quiet title follows: Plaintiff herein is DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, a Pennsylvania non-profit corporation, having its principal office at 168 Wolf s Bridge Road, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff is the owner of a parcel of land situated on the northern side of U.S. Route 15, sometimes called Gettysburg Pike (or "new Gettysburg Pike") in Upper Allen Township, Cumberland County, Pennsylvania, improved with a church structure, sometimes known as "Mohler House" or "Mohler's Church" and a cemetery, as acquired from the Trustees of the Lower Cumberland Congregation of the Southern District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded in LAW OFFICES SNELBAKER, BRENNEMAN & SPARE the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 4026. 2. The subject matter of this action is a triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which aze more particularly bounded and described as follows (hereinafter called "Subject Land"): Side #l: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastem corner of Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwazdly direction to the second point mentioned in the above description of Side # 1. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278 of an acre, attached hereto mazked "Exhibit A" and incorporated herein by reference thereto. The Defendants are the heirs of Margaret D. Miller, Deceased, including, but not limited to: A. GLADYS FISH, an adult individual, whose last known address is 3443 Deny Street, Harrisburg, Dauphin County, Pennsylvania. B. MARGARET FEESER, an adult individual, whose last known address is 3201 Penbrook Avenue, Harrisburg, Dauphin County, Pennsylvania. C. ASA MILLER, an adult individual, whose last known address is R.D. 2, Dillsburg, York County, Pennsylvania. D. BERNICE H. SHORT, an adult individual, whose last known address is R.D. 1, Newville, Cumberland County, Pennsylvania. 4. Said Defendants are further identified based upon the following background: A. Margaret D. Miller was and continues to be the last owner of record of the Subject Land (as more fully identified in Paragraph 2 hereinabove), following the death of her husband, Israel W. Miller, on July 20, 1958, by reason of a deed of conveyance of a larger tract of land more fully described in Deed Book "S", Volume 11, Page 23, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. B. Margaret D. Miller died on August 16, 1963, leaving a Last Will and Testament dated February 20, 1963, which was duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, on August 26, 1963. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE C. Defendants GLADYS FISH and MARGARET FEESER duly qualified and were appointed Executrices of the Estate and Will of Margaret D. Miller, Deceased, by said Register of Wills on August 26, 1963. D. Said Will of Margaret D. Miller directed that the residue of her Estate be distributed to her four children, namely, Gladys Fish, Margaret Feeser, Asa Miller and Bernice H. Short. E. The Executrices aforesaid sold and conveyed a substantial part of the real estate identified in subparagraph A immediately above to Interchange 17, Inc., by deed dated April 1, 1965, and recorded in the Recorder's Office aforesaid in Deed Book "N", Volume 21, Page 822, all of said conveyed land being located on the southern side of a public road sometimes then called L.R. 123, Gettysburg Pike and/or United States- Route 15 (U.S. Route #I5), and did not convey the Subject Land, all of which latter land is located on the northern side of said public road. F. The Executrices aforesaid closed the Estate of Margaret D. Miller, Deceased, by First and Final Account which was duly confirmed by the Orphans' Court in and for Cumberland County, Pennsylvania, on June 22, 1965, and made distribution of the residue of said Estate unto the individual Defendants above by Order of Distribution entered on G. To the extent that record title to the Subject Land is not vested in the Individual Defendants, it has devolved unto the heirs of the said Margaret D. Miller. 5. Since on or about April 1, 1965, Plaintiff has been, by itself and its LAW OFFIOQS $NELBAKER, predeC05SOIS 1R lritereSt, in the actual, open, continuous, exclusive, hostile and adverse BRENNEMAN & SPARE possession of the Subject Land as above described, being a period of time more than 4 twenty-one (21) years prior to the filing of this Complaint, claiming to own said Subject Land in fee against the whole world. 6. Defendants may have a claim or claims or may assert an interest or interests in said Subject Land adverse to Plaintiff, which claim, claims, interest or interests are without any right whatsoever, and Defendants have not, nor has any of them, any estate, title, right or interest whatsoever in said Subject Land or any part thereof. WHEREFORE, Plaintiff prays: (1) that Defendants and also all other persons unknown, claiming any right, title, estate, lien or interest in the Subject Land above described adverse to Plaintiff's ownership may be required to set forth the nature of their several claims; (2) that all adverse claims of Defendants or any of them be determined by a decree of this Court; (3) that by said decree, it be declared and adjudged that Plaintiff is the owner of said Subject Land and Defendants, or any of them, have no estate or interest whatsoever in or to said Subject Land; (4) that Defendants, and each and every one of them, be forever barred from asserting any claim whatsoever in or to said Subject Land adverse to Plaintiff, and (5) that the Court grant such other and further relief as is just and proper. & SPARE, P.C. By LAW OFFICES SNBLBAKER. BRENNEMAN ~ SPARE Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Dated: Aug. 13 , 2001 VERIFICATION I, Diane M. Beeman ,being the Secretary of Dunkard Brethren Church of Mechanicsburg, Pennsylvania, a corporation, the Plaintiff herein, and being duly authorized to do so, do hereby verify that the facts set forth in the foregoing Complaint within my knowledge are true and correct and that the facts not within my personal knowledge I believe to be true and correct based upon the information of others. I understand that any false statements herein are subject to the practices of 18. Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~m~~ Secretary, Dunkard Brethren Church of Mechanicsburg, Pennsylvania Dated: Aug. 9, 2001. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE i'-'ic~ Jt ~ ~ ~~d t~~ ~ ~ '~;A'~' }1:a,IG~ ~qt~Sy~~~ _'~_ ..... •RS-mp)Ca33:iffi3!1~~&~N~9~RN~'Pa _ _ DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: D/_t/7(o8 CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE 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 attorney and filing in writing with a 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, PA 17013 (717) 249-3166 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE SNELBA , BRENNEMAN & SPARE, P.C. By Att rneys for Plaintiff Date: August 13, 2001 TP~tJ~ C~~Y FR®M R~~¢~® ~n Testimaty -~her~f, ! here unto s~ my hand and the s6el ~ ~~ Ihi /,3 Court at Cariigt~, Pa. a---day of prtW&r~, A «,m„.;„v BRETHREN CHURCH OF IN THE COURT OF COMMON PLEAS OF SBURG, PENNSYLVANIA, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No: CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants COMPLAINT AND NOW, comes Plaintiff Dunkard Brethren Church of Mechanicsburg, Pennsylvania, by its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers this cause of action in quiet title follows: Plaintiff herein is DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, a Pennsylvania non-profit corporation, having its principal office at 168 Wolf s Bridge Road, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff is the owner of a parcel of land situated on the northern side of U.S. Route 15, sometimes called Gettysburg Pike (or "new Gettysburg Pike") in Upper Allen Township, Cumberland County, Pennsylvania, improved with a church structure, sometimes known as "Mohler House" or "Mohler's Church" and a cemetery, as acquired from the Trustees of the Lower Cumberland Congregation of the Southern District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded in LAW OFFICES SNELBAKER. BRENNEMAN & SPARE the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 4026. The subject matter of this action is a triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which are more particularly bounded and described as follows (hereinafter called "Subject Land"): Side #1: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastern corner of Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of-way line of Pennsylvania State Highway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwardly direction to the second point mentioned in the above description of Side # 1. LAW OFFICES SNEL6gKER. BRENNEMAN & SPgRE Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278 of an acre, attached hereto marked "Exhibit A" and incorporated herein by reference thereto. but not limited to: The Defendants are the heirs of Margaret D. Miller, Deceased, including, 2 A. GLADYS FISH, an adult individual, whose last known address is 3443 Derry Street, Harrisburg, Dauphin County, Pennsylvania. B. MARGARET FEESER, an adult individual, whose last known address is 3201 Penbrook Avenue, Harrisburg, Dauphin County, Pennsylvania. C. ASA MILLER, an adult individual, whose last known address is R.D. 2, Dillsburg, York County, Pennsylvania. D. BERNICE H. SHORT, an adult individual, whose last known address is R.D. 1, Newville, Cumberland County, Pennsylvania. 4. Said Defendants are further identified based upon the following background: A. Margaret D. Miller was and continues to be the last owner of record of the Subject Land (as more fully identified in Paragraph 2 hereinabove), following the death of her husband, Israel W. Miller, on July 20, 1958, by reason of a deed of conveyance of a larger tract of land more fully described in Deed Book "S", Volume 11, Page 23, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. B. Mazgazet D. Miller died on August 16, 1963, leaving a Last Will and Testament dated February 20, 1963, which was duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, on August 26, 1963. LAW OFFICES $NELBAKER. BRENNEMAN & SPARE C. Defendants GLADYS FISH and MARGARET FEESER duly qualified and were appointed Executrices of the Estate and Will of Margaret D. Miller, Deceased, by said Register of Wills on August 26, 1963. 3 i . .. D. Said Will of Margaret D. Miller directed that the residue of her Estate be distributed to her four children, namely, Gladys Fish, Margaret Feeser, Asa Miller and Bernice H. Short. E. The Executrices aforesaid sold and conveyed a substantial part of the real estate identified in subparagraph A immediately above to Interchange 17, Inc., by deed dated April I, 1965, and recorded in the Recorder's Office aforesaid in Deed Book "N", Volume 21, Page 822, all of said conveyed land being located on the southern side of a public road sometimes then called L.R. 123, Gettysburg Pike and/or United States Route 15 (U.S. Route #15), and did not convey the Subject Land, all of which latter land is located on the northern side of said public road. F. The Executrices aforesaid closed the Estate of Margaret D. Miller, Deceased, by First and Final Account which was duly confirmed by the Orphans' Court in and for Cumberland County, Pennsylvania, on June 22, 1965, and made distribution of the residue of said Estate unto the individual Defendants above by Order of Distribution entered on G. To the extent that record title to the Subject Landis not vested in the Individual Defendants, it has devolved unto the heirs of the said Margaret D. Miller. 5. Since on or about April 1, 1965, Plaintiff has been, by itself and its LAW OFFICES SNELearcER. predecessors in interest, in the actual, open, continuous, exclusive, hostile and adverse BRENNEMAN & SPARE possession of the Subject Land as above described, being a period of time more than 4 twenty-one (21) years prior to the filing of this Complaint, claiming to own said Subject Land in fee against the whole world. 6. Defendants may have a claim or claims or may assert an interest or interests in said Subject Land adverse to Plaintiff, which claim, claims, interest or interests are without any right whatsoever, and Defendants have not, nor has any of them, any estate, title, right or interest whatsoever in said Subject Land or any part thereof. WHEREFORE, Plaintiff prays: (1) that Defendants and also all other persons unknown, claiming any right, title, estate, lien or interest in the Subject Land above described adverse to Plaintiff's ownership may be required to set forth the nature of their several claims; (2) that all adverse claims of Defendants or any of them be determined by a decree of this Court; (3) that by said decree, it be declared and adjudged that Plaintiff is the owner of said Subject Land and Defendants, or any of them, have no estate or interest whatsoever in or to said Subject Land; (4) that Defendants, and each and every one of them, be forever barred from asserting any claim whatsoever in or to said Subject Land adverse to Plaintiff, and (5) that the Court grant such other and further relief as is just and proper. SNELBA RE AN & SPARE, P.C. By - ~t~--^ 'chard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 LAW OFFICES SNELBAKER. BRENNEMAN 9t SPARE Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff Dated: Aug. 13 , 2001 VERIFICATION I, Diane M. Beeman ,being the Secretary of Dunkard Brethren Church of Mechanicsburg, Pennsylvania, a corporation, the Plaintiff herein, and being duly authorized to do so, do hereby verify that the facts set forth in the foregoing Complaint within my knowledge are true and correct and that the facts not within my personal knowledge I believe to be true and correct based upon the information of others. I understand that any false statements herein are subject to the practices of 18. Pa. C.S. § 4904 relating to unsworn falsification to authorities. Secretary, Dunkard Brethren Church of Mechanicsburg, Pennsylvania Dated: Aug. 9, 2001. lAW OFFICES SNELBAKER. BRENNEMAN & SPARE DUNKARD BRETHREN CHURCH OF IN THE COURT OF COMMON PLEAS OF MECHANICSBURG, PENNSYLVANIA, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No: 01-4768 CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants ORDER OF COURT AND NOW, this ~^ _ day of October, 2001, upon consideration of the within Motion for Authorization to Serve Complaint by Publication, it is ordered and decreed that service of the Complaint by publication is hereby authorized and the Sheriff of Cumberland County is directed to effect such service in accordance with the form of notice attached hereto, by pytblishing one (1) time said notice in a newspaper of general circulation in Cumberland and in the Cumberland Law Journal, and make return the J. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ~~ `a.~o.o TO: Heirs of Margaret D. Miller, Deceased, including but not limited to Gladys Fish, Margaret Feeser, Asa Miller and Bernice H. Short You are hereby notified that the Plaintiff, Dunkard Brethren Church of Mechanicsburg, Pennsylvania, has commenced an action to quiet title against you by the filing of a complaint entered to No. 01-4768 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, which you axe required to defend. This action concerns the land here described: ALL that triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which are more particularly bounded and describe as follows: Side #1: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of-way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastern corner of Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. LAW OFFICES SNEIBAKER, ~RENNEMAN He SPARE Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of-way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwazdly direction to the second point mentioned in the above description of Side # 1. Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998, indicating an azea of 12,129.9 square feet or 0.278 of an acre, a copy of said survey plot being attached to said Complaint as filed in the Prothonotary's Office of the Cumberland County Court House, at Carlisle, PA. NOTICE If you wish to defend you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE 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, PA 17013 (717) 249-3166 By: R. Thomas Kline Sheriff of Cumberland County LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. Attorneys for Plaintiff 44 West Main Street Mechanicsburg, PA 17055-0318 Address of Plaintiffs Attorneys -2- DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 01-4768 CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants MOTION FOR AUTHORIZATION TO SERVE COMPLAINT BY PUBLICATION TO: THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Dunkard Brethren Church of Mechanicsburg, Pennsylvania, by its attorneys, Snelbaker, Brenneman & Spare, P.C., and respectfully represents as follows: Plaintiff is Dunkard Brethren Church of Mechanicsburg, a Pennsylvania non- profit corporation, the owner of a tract of land in Upper Allen Township, Cumberland County, Pennsylvania, as acquired by deed from Trustees of Lower Cumberland Congregation of the Southern District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded on August 7, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 4026, said deed also conveying the grantors' rights in and to an adjoining tract of land allegedly titled to one Margaret D. Miller. 2, Plaintiff commenced the within action on August 13, 2001, by Complaint naming LAW OFFICES SNELBAKER, BRENNEMAN & SPARE as Defendants the following: Heirs of Margaret D. Miller, Deceased, including but not limited to, Gladys Fish Margaret Feeser Asa Miller, and Bernice H. Short. The said Margaret D. Miller died on August 16, 1963. The decedent's will disposed of her estate to her 4 children, the other Defendants to wit: Gladys Fish, Margaret Feeser, Asa Miller and Bernice H. Short. Distribution was authorized by decree of the Orphans' Court division of this Court on June 22, 1965. 4.. Said children of Margaret D. Miller are the only persons known to be the heirs of said decedent. 5. Plaintiff and its attorneys are unfamiliar with any of the Defendants. Plaintiff by its attorneys researched the whereabouts of the four distributees by the following means: a. Attempting service via the Sheriff of Cumberland County to the addresses found in the decedent's official estate file in the Office of the Register of Wills of Cumberland County; b. Checking the telephone directories for Cumberland, Dauphin and York Counties; and c. Interviewing J. Robert Stauffer, Esquire, attorney for the Estate of Margaret D. Miller. The Sheriff was unable to find any of the Defendants in Cumberland County. Two of the Defendants had Dauphin County addresses; the Sheriff of Dauphin County (as deputized) likewise was unable to find such Defendants. The returns of said Sheriff as filed are incorporated herein by reference thereto. 8. Plaintiff s attorneys were unable to locate any of the named Defendants via search LAW OFFICES SNELBAKER, ~RENNEMAN & SPARE of telephone directories. 9. Attorney Stauffer retrieved his closed file on the decedent's estate to refresh his recollection and concluded that he had no knowledge of the whereabouts or status of the distributees and heirs of the decedent (the named Defendants) after closing the estate in 1965 and had no addresses other than as indicated in the official file at the Office of the Register of Wills of Cumberland County. 10. According to information supplied by Attorney Stauffer, the decedent, Margaret D. Miller, was about 77 years of age at the time of her death in 1963, having been born on October 11, 1886. Assuming her children, the distrtibutees-defendants, were of approximately 50 years of age at said date of death, it is likely that they are now also deceased, thus accounting for their absence at this time. WHEREFORE, pursuant to Pa. R.C.P. 410 and 430 and C.C.R.P. 1066-1 et seq., Plaintiff respectfully requests your Honorable Court to authorize service of the Complaint via publication. SNELBA BRENNEMAN & SPARE, P.C. By `= Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff LAW OFFICES pSNELBAKER. V RENNEMAN B[ SPARE 3 AFFIDAVIT !VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Richard C. Snelbaker being duly sworn according to law, deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P.C., the attorney for the Plaintiff in the within action; that he personally conducted the investigation recited in the foregoing Motion; that as to the facts set forth therein within his personal knowledge are true and correct; and that as to the facts supplied by others, he believes them to b ue and correct. 'chard C. Snelbaker Sworn to and subscribed before me this ~^d day of October, 2001 ~~ ~~" sent sit 4. '~~ Expires Idwr. 24, 2Am3 A9tlOtrof LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ~J ~... -^: tS; SHERIFF'S RETURN - REGULAR CAyE N0: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNKARD BRETHREN CHURCH OF MEC VS MILLER MARGARET D HEIRS OF R. Thomas Kline Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -QUIET TITLE was served upon MILLER MARGARET D DECEASED HEIRS OF the DEFENDANT at 1000:00 HOURS, on the 13th day of November 2001 at PUBLISHED IN CUMBERLAND LAW JOURNAL ON OCTOBER 26, 2001, by handing to a true and attested copy of COMPLAINT -QUIET TITLE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Publication 15.00 Publishing 166.95 Surcharge 10.00 .00 209.95 Sworn and Subscribed to before me this ~G ~ day of ~rl.tryt,U,i~Q~-c.~. ~'.d.p ~ A . D . L ._.g . '7H ,~,~ Prothonotary So Answers: . Thomas Kline 11/13/2001 SNELBAKER BRENNEMAN SPARE SHERIFF'S RETURN - REGULAR CASE NO: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNKARD BRETHREN CHURCH OF MEC VS MILLER MARGARET D HEIRS OF R. Thomas Kline Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -QUIET TITLE was served upon MILLER MARGARET D DECEASED HEIRS OF the DEFENDANT at PUBLISHED IN at 1000:00 HOURS, on the 8th day of November 2001 ON OCTOBER 19, 2001 THE PATRIOT.NEWS by handing to a true and attested copy of COMPLAINT -QUIET TITLE together with and ar the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Publishing 287.86 Affidavit .00 Surcharge 10.00 .00 303.86 Sworn and Subscribed to before me this ~lG~ day of ' jProthonotar~ ~~ So Answers: _ ~ .~' _C-~~ It2. Thomas Kline 11/08/2001 SNELBAKER BRENNEMAIV SPARE ~Ldt5~9~8~~ _-.1 .~.= cami n„t!:,. ¢vu¢x. .-:I( tf)'°.n6..f11J9 ,. ,~~ .. •.®~4~ L.....mm ............. ----- ~ 7iILLlhal'=i:7:17'F. `g.'W°dl~l~°~~ I I'n Fla t a.:al! f tlt t9i` 'd:±+ Iraq+rat:;~ r•rc,. oe F3,wr> srr~,wrr n,:~;n:: ~JiraF r.,r~~r~: rih.~rs e~tzr ~r~ ,r.~u7i,rr? __. . ; - - ~ -- ~ _ __i =e_e.. ~ K ;~ ~_ ."~ a7~;:~z b ~,.~~ A~rr,~+er4ri<~rr~ic~r:; ,.a~f. .*.~:m ..., .-gym w 9.i'; ,d. ^.~(..~i~:, - - "J ~''T .M.'+p T:yT ;~.. 'ii~ W .,o ' i ,',:.!„~ '~ .u"'i i'<';~:. - - - - A'7'l~Ef~ll UPJ UK:f7'E;h': v -k`tF PoA.1 tl 1 t4! i C W~VPTI 1t{VLI1 to A JtY 1114:.+I L11l..MYL~ ~I~m, ~'$~t4t`tiv#-~aiLa~dxP:~ ~GTP ~:_ t.. ~.1. ~ ~ r.y,._ A,! UC+9.SP>r7tNLz 7~7:P.AFJtAfll'hdl' - Af.;CX.3B.JhIT tdAAflE. + F+ ~f ~: L a u ~.,-e aq a'° ~ I I I 1'iA.F11i1°,~EsiJ$iL';.,'t~k 1"iSCkU'-il';i+~i7 - - - - -.-k4 !:Oi.i;VT td(ihr,F3E(i i::YF'_ GrA7E: CvEfJ.-Ii~f ~5-13tk~:4tk? - - AC,C1JfiJtd'7';VG, ~.. ~?` 'hdSY. ii:A _ ~1:.7!,NJr+!"i C>e4V13- 60. .~ w. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The S nday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publicatior. which is securely attached hereto. is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th day(s) of October 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors oft said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Cour~y of D~ip~n in Miscellaneous Book "M", Volume 14, Page 317. P I ~ /I PUBLICATION .............V................. ...................................................... COPY Sworn to and subscr ed efore th' 19th day oJ~ctol~eg2001 A.D. Notarial Seal !~ ' Terry L. Russell, Notary Public Harrisburg, Dauphin County N ARY PUBLIC My Commission Expires June 6, 2002 commission expires June 6, 2002 Member, Pennsylvania Association of Notaries CUMERLANDCOUNTYCOURTHOUSE ' SHERIFF'S OFFICE, ATTN: DORIS 1000RTHOUSESOUARE .~ CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 286.36 Probating same Notary Fee(s) $ 1.50 Total $ pg7.gg Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... A OCTOBER 26.2001 Cumberland Law Journal is published every Friday by the Cumberland County Bar Association and is designated by the Court of Common Pleas as the official legal publication for Cumberland County and the legal newspaper for publication of legal notices. TO: Cumberland County Sheriff s Office (Jody ) RE: CUMBERLAND LAW JOURNAL 2 LIBERTY AVENUE CARLISLE, PA 17013 Heirs Maragret D. Miller Legal advertisements must be received by Friday Noon. All legal advertising must be paid in advance. Make all checks payable to: Cumberland Law Journal. Advertisement inserted on following dates: OCTOBER 26, 2001 104 Total Lines Printed -35 Lines for $ 60.00 Advertising Cost $ 60.00 69 Lines at $1.55 Additional per lines charge $ 106.95 Second Proof Request $ 0.00 Payment received $ 0.00 Total Amount Due $ 166.95 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (iJnder Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, OCTOBER 26, 2001 Affiant fiu-ther 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 // Rog M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 LOlS E. SNYDER, Notary Publk CaAiate Bao, MMyy t 5, 2i>o5 CUMBERLAND LAW JOURNAL NOTICE TO: Heirs of Margazet D. Miller, De- ceased, including but not limited to Gladys Fish, Margaret Feeser, Asa Miller and Bernice H. Short You aze hereby noti$ed that the plaintiff, Ihmlrarrl Brethren Church of Mechanicsburg, Pennsylvania, has commenced an action to quiet title against you by the filing of a complaint entered to No. 01-4768 Civil Term in the Court of Common Pleas of Cumberland County. Penn- sylvania, which you are required to defend. This action concerns the land here described: ALL that triangilarly shaped piece or pazcel of land situated in the Township of Upper Allen, Cumber- land County, Pennsylvarila. the three sides of which are more parflculazly bounded and described as follows: Side # 1: BEGINNING at the north- eastern corner of Plaintiffs land; thence projecting the northern line of Plaintiffs land on a beazing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally north- ern legal right-of--way line of Penn- sylvania State Highway SR 0015. Side #2: BEGINNING at the north- eastern corner of Plaintiffs Sand; thence along Plaintiffs land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the gener- ally northern legal right-of--way line of Peansylvania State Flighway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of-way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwazdly direction to the second point mentioned in the above description of Side # 1. Said piece or pazcel of land be- ing shown on a survey plot made by Milton H. Davis dated October 27, 1995, indicating an area of 12,129.9 square feet or 0.278 of an acre, a copy of said survey plot being attached to said Complaint as filed in the Prothonotazy's Office of the Cumberland County Court House, at Cazlisle. PA NOTICE If you wish to defend you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You aze wazned that if you fall to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TREE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A SAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 2 Liberty Avenue Cazlisle, PA 17013 (717) 249-3166 By: R. Thomas Kline Sheriff of Cumberland County RICHARD C. SNELBAKER, ESQUIRE SNELBAKER, BRENNEMAN & SPARE, P.C. Attorneys for Plaintiff 44 West Main Street CUMBERLAND IAW JOURNAL ffiechanicsburg, PA 17055-0318 Oct. 26 DUNKARD BRETHREN CHURCH OF PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 01-1768 CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants ORDER OF COURT AND NOW, this _~. ~ r! day of _ ; ' ~~±Z, 2Q02, upon consideration of LAW OFFICES {S~NELBAKER. V RENNEMAN & SPARE the within Motion for Final Notice Pursuant to Pa. R.C.P. 1006, it is ordered and decreed that the Sheriff of Cumberland County is directed to publish final notice in accordance with the form of notice attached hereto, by publishing one (1) time said notice in a newspaper of general circulation in Cumberland County and in the Cumberland Law Journal, and make return thereof. J A ~- J - 13,' Z;) wW. r5 ~y-.,,f .s.'x-~p,`ue~'fix+2s~?'?'.fi?'9n,4~36'1~9~ NOTICE TO: HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER and BERNICE H. SHORT You are hereby notified that an Order has been entered to No. 01-4768 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, on 2002, directing that within thirty (30) days after this publication you shall respond by appropriate pleading to the Complaint heretofore filed against you or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim made by the Plaintiff in its Complaint to the land here described: ALL that triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which are more particularly bounded and describe as follows: Side # 1: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastern corner of LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwardly direction to the second point mentioned in the above description of Side # 1. Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278 of an acre, a copy of said survey plot being attached to said Complaint as filed in the Prothonotary's Office of the Cumberland County Court House, at Carlisle, PA. By: R. Thomas Kline, Sheriff of Cumberland County, PA Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff LAW OFFICES II -2 SNElBAKER. BRENNEMAN & SPARE DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 01-4768 CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants MOTION FOR FINAL NOTICE PURSUANT TO PA. R.C.P. 1066 TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff by its attorneys and respectfully moves the Court to order final notice pursuant to Pa. R.C.P. 1066 based upon the following background and affidavit: 1. Plaintiff commenced the above captioned action by Complaint with notice to defend duly filed on August 13, 2001, averring title by adverse possession. 2. On Plaintiffls Motion, the Court, by Honorable Edgar B. Bayley, on October 8,. 2001, ordered service of the Complaint by publication. 3. The Sheriff of Cumberland County, Pennsylvania, duly published a notice pursuant to said Order in The Cumberland Law Journal on October 26, 2001 and in The Patriot- News on October 19, 2001 (see proofs of publication filed with Sheriff's return). 4. The Defendants have not filed an Answer to said Complaint. WHEREFORE, pursuant to Pa. R.C.P. 1006, Plaintiff respectfully requests your Court to direct the Sheriff of Cumberland County to give final notice prior to final Judgment. SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNELBAKER. B RENNEMAN By & SPARE , Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff AFFIDAVIT /VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Richard C. Snelbaker being duly sworn according to law, deposes and says: that he is the Attorney for the Plaintiff in the within Action to Quiet Title, and that the facts set forth in the foregoing Motion for Final Notice Pursuant to Pa. R.D.P. 1006 are true and correct. c and C. Snelbaker LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Sworn to and subscribed before me this ,~p~l day of January, 2002 otary Public Notarial Seat Suaan L.Zych, Notary PubAc isa9kn Expires N v 24 bar, Perthsyivania Assoaai!an of N6ta61B5 C V C7 r, ~., ., ... ~,°~. ,I- -r~ 7 _ ~ ... r C, ~i~~ -(~, y r= _~, ~ f` 7 ~~l ~ ~' .. CA E~~ BRETHREN CHURCH OF IN THE COURT OF COMMON PLEAS OF :SBURG, PENNSYLVANIA, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No: 01-4768 CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants ORDER OF COURT AND NOW, this 4th day of February , 2002, upon consideration of the within Motion for Final Notice Pursuant to Pa. R.C.P. 1006, it is ordered and decreed that the Sheriff of Cumberland County is directed to publish final notice in accordance with the form of notice attached hereto, by publishing one (1) time said notice in a newspaper of general circulation in Cumberland County and in the Cumberland Law Journal, and make return thereof. By the Court, /s/ J. Wesley Oler, Jr. J. The Defendants have failed to ke the ac o directed. Dated: Mardi o~, 2002 Pro otary LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 9' H :I' 1(~~ I'4 ~"' 1 t r'i ~~(~ 1 d t~, :Ji~.YSG~ F NOTICE T0: HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER and BERNICE H. SHORT You are hereby notified that an Order has been entered to No. 01-4768 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, on 2002, directing that within thirty (30) days after this publication you shall respond by appropriate pleading to the Complaint heretofore filed against you or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim made by the Plaintiff in its Complaint to the land here described: ALL that triangularly shaped piece or parcel of land situated in the Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of which are more particularly bounded and describe as follows: Side #1: BEGINNING at the northeastern corner of Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72 feet, more or less, to the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #2: BEGINNING at the northeastern corner of lAW OFFICES SNELBAKER. BRENNEMAN & SPARE Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes 47 seconds East, a distance of 336.52 feet to a point on the same and at the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015. Side #3: BEGINNING at the last mentioned point on the generally northern legal right-of--way line of Pennsylvania State Highway SR 0015; thence along said right-of--way line in a northeastwardly direction to the second point mentioned in the above description of Side # 1. Said piece or parcel of land being shown on a survey plot made by Milton H. Davis dated October 27, 1998; indicating an area of 12,129.9 square feet or 0.278 of an acre, a copy of said survey plot being attached to said Complaint as filed in the Prothonotary's Office of the Cumberland County Court House, at Carlisle, PA. By: R. Thomas Kline, Sheriff of Cumberland County, PA Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff LAW OFFICES -2- SNELBAKER. BRENNEMAN & SPARE O DUNKARD BRETHREN CHURCH OF MECHANICSBURG, PENNSYLVANIA, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 01-4768 CIVIL TERM HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to, GLADYS FISH, MARGARET FEESER, ASA MILLER, BERNICE H. SHORT, :ACTION TO QUIET TITLE Defendants PRAECIPE FOR FINAL JUDGMENT TO: Prothonotary of Cumberland County AND NOW, come Snelbaker, Brenneman & Spare, P.C., attorneys for the above named Plaintiff, and represent as follows: (1) That pursuant to Order of Court entered February 4, 2002 (Hon. J. Wesley Oler, Jr.), the Sheriff of Cumberland County duly advertised Final Notice to Defendants in the publications and on the dates as follows: The Patriot News: February 16, 2002 Cumberland Law Journal: February 22, 2002 (See Sheriffls return heretofore filed); (2) That more than thirty (30) days have elapsed since the completion of the advertising ordered as aforesaid; and (3) That Defendants have failed to respond by any appropriate pleading to the Complaint as heretofore filed. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE WHEREFORE, in accordance with Pa. R.C.P. 1066(b) and C.C.R.P. 1066.4, please enter on the Appearance Docket and on the Order of court dated February 4, 2002, that the Defendants failed to take the action directed in the last advertisement within the thirty (30) days' time therein limited; and transmit to the Recorder of Deeds of Cumberland County a certified copy of said Order of Court containing the notation above described. SNELBAKER, BRENNEMAN & SPARE, P.C. By Richar C. Snelbaker, Esquire 44West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717)697-8528 Attorneys for Plaintiff Dated: March 26, 2002 March 26, 2002, Final Judgment is hereby entered in f vor of Plaintif and against Defendant. Curtis R. Long, rothonotary -2- LAW OFFICES SNELBAKER. BRENNEMAN Nf SPARE '~ ,,,.. ~, -6r ~ ~ ~ '' - z ~ ~; ~~, ~ ~ ~ ~ ~ . -n ~:, a SHERIFF'S RETURN - REGULAR r CASE NO: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNKARD BRETHREN CHURCH VS MILLER MARGARET D HE R. Thomas Kline Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -QUIET TITLE was served upon MILLER MARGARET D DECEASED HEIRS OF the DEFENDANT at 1200:00 HOURS, on the 22nd day of February 2002 at by handing to PUBLISHED IN CUMBERLAND LAW JOURNAL a true and attested copy of COMPLAINT -QUIET TITLE together with FINAL NOTICE -~- and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Publication 15.00 Cumb Law Journal 132.85 Surcharge 10.00 .00 175.85 Sworn and Subscribed to before me this 3`% day of ~t+ al9p.L A.D. rothonotary So Answers: ~- R. homas Kline 03/04/2002 SNELBAKER BRENNEMAN SPARE By: Deputy Sheriff .~«.. SHERIFF'S RETURN - REGULAR CASE N0: 2001-04768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNKARD BRETHREN CHURCH OF MEC VS MILLER MARGARET D HEIRS OF R. Thomas Kline Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -QUIET-TITLE was served upon MILLER MARGARET D HEIRS OF the DEFENDANT at 1200:00 HOURS, on the 16th day of February 2002 at by handing to PUBLISHED IN THE PATRIOT NEWS a true and attested copy of COMPLAINT -QUIET TITLE together with FINAL NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Patriot News 230.72 Affidavit .00 Surcharge 10.00 .00 246.72 Sworn and Subscribed to before me this /~ day of ~u.(ti_ aG~~ A.D. C~~. ~ moo.. w ~-- P othonotary So Answers: R. Thomas Klin 03/04/2002 SNELBAKER BRENNEMAN SPARE By: Deputy Sher ,,~~ _ CL1&~~9~9~f~ A'DVEFi"C5~1SVQ"x iN~caic~ GA.+nunv m5+ri i,a t c im.uw -.-.II i Z%+5 H13E t ~~jE 'iO~E1~ rai:.uraclfr,r~ £tz~d~elt:,Z 1 t'o CI :~S -.J C:nll :h. ,Si ~1 (r9~i 15F,.iil:1 "ene~t,?sr 2oya-~[ c.V! Slim p¢g.r;I 9N'VGIC;~F: NCP. GL~4S5 P:i~Af1Y 17.Ai'E - - - J'fC"#'.U,,4`E'E -- 'CIA1E~ - BILE ~ '~ ;^ n P 9 ~ ~ __ Y g ( ~ a J 1 "~1 .P ~ ~ ~ ~J ~ / i J / ~ ._}._.... ~ ~ ~ ~ ~ ~~.x x,~ Y Y ~_ _____ __....1 . .3 __.__ .. _ .. .... .. .. ..._l ~~~ _ _ 6.~ ,'..~_~i~ is d~+nl ',~ J.,.a?i „'4. + AE=E~'l17:AL I T' t:,:kir11"-ICaE '. ; .._ i~L'1 coq?-~~ . /STYGP~dI M.)t~! '~-iE`CT"+..:F L`'~L.1'F A~IEfl,4aJ ~,t.:,r,~ x;M1rTe~ ~~i e~c,lrrir Pa+ {?E;sCk;IF•'1'li'Nd iNi T aC~l Llt~~ii:: R;f? riP~4raLtnFf + i:F 7s ~T ... .....__..____. _._______i 2.. =f. ~L? - - PJ:TJAPJ~:E d''J~i'M'EP~S'#` - P.CGiJUMF BSS~F.rfE---- - - r i .$~s fidt'+t~ +"373 • ~ 273.~y .. - '_ .... ..L .... Ir" .', :Ti-atTx? ".~'~L r~ ( 1`Lf~',P.A>~ ~k7E t)~~,)S:s Td: z ITT PLEASE. f~ETA4:H.4•hIC> REl"LJRtt! i(UITH PAY1aAEtV'f ~~ CaO tVkfT SENLq t::FtS1-1 - - Eeavolcr.-~ rdo. f T ~? J a D 3~~ .. c~Il~r ~,l~afsaar# ~ clravi 1~1ct. t 1ML 4CX,k:C'7 LdiC(,K h3(?NL" UH -f.C.<:C3Ctpd CPtfU G1EF'f~#11 Pw9ETd'1' r1~C:ti;C7l,IN T' M1lr"+M1flE fi.'7 4 ,' `.'; t? S 1 ta; ~ u'7,.i T NAfIR(;nE3(lW'(3, F'A Y%t(7e:.r7.^~R'i% - -_ 1=~R:l. flnw r'i :t0+d{72 te{:.:YCN.IN P'AiCJ. Ir ~'$V "s ~~~ab. k.I-A°i - L.___ '~_._ _...._mm____~.. ?3.72 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ac[ No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Pa-t~iot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 16th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of auphin i Miscellaneous Book "M", Volume 14, Page 317. ~ ~ .. ~.~ PUBLICATION ." .......................... ............................................................... COPY Sworn to ands scribe b re me~ki~ 19th day o Febryy ray 2002 A.D. Notedal Seal ~-~~/ ^~ Terry L. Russ@II, Notary Public " Harrisburg, Dauphin County NOT RY PUBLIC My Commission Expires June e, 2002 y commission expires June 6, 2002 Member, Pennsylvania Associatbn of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE ONECOURTHOUSESQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 228.97 Probating same Notary Fee(s) $ 1.75 Total $ 230.72 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... i~ CUMBERLAND LAW JOURNAL 2 LIBERTY AVENUE CARLISLE, PA 17013 FEBRUARY 22.2002 Cumberland Law Journal is published every Friday by the Cumberland County Bar Association and is designated by the Court of Common Pleas as the official legal publication for Cumberland Cotmty and the legal newspaper for publication of legal notices. T0: Sheriffs Office % Doris Goodhart RE: Dunkard Brethern Church of Mechbg., Pa. vs Heirs of Margaret D. Miller et al Legal advertisements must be received by Friday Noon. All legal advertising must be paid in advance. Make all checks payable to: Cumberland Law Journal. Advertisement inserted on following dates: FEBRUARY 22, 2002 ~~ Total Lines Printed Lines for $ 60.00 Advertising Cost $ 60.00 y7 Lines at $1.55 Additional per lines charge $ 7~. ~',~ Second Proof Request Payment received Total Amount Due $ 0.00 $ 0.00 $ /3~ . ~S' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz FEBRUARY 22, 2002 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 Roger .Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 22 day of FEBRUARY. 2002 Ld3 E. SNYDER No~ry Pr~ic lpy ~' Expires March 5