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HomeMy WebLinkAbout03-3102NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE. SR. Defendant /N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0. tg~ ~ ~.7,J~ ~ CW1L ACTION - QUIET TITLE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249.3166 NELSON K. GOTHIE, Plaintiff Vm WINSTON S. BESHORE. SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. : : CIVIL ACTION - QUIET TITLE ; NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petieion de demanda. Usted puede perrier dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 NELSON K. GOTHIE, Plaintiff VD WINSTON S. BESHORE. SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCTOr NO. -. l o .2_. CIVIL ACTION- QUIET TITLE COMPLAINT AND NOW comes the Plaintiff, Nelson K. Gothie, by and through his attorneys, P. Daniel Altland, Esquire and Mette, Evans & Woodside, and files this Complaint founded upon the following: 1. Plaintiffis Nelson K. Gothic, an adult individual residing at P.O. Box 42, Breezewood, Pennsylvania 15533. 2. Defendant, Winston S. Beshore, Sr., is an adult individual with the last known residence believed to be 2875 Stallion Drive, Orlando, Florida 32822-3826. 3. Plaintiff has been the lawful record title owner of the premises known as 322 North Front Street, Wormleysburg, Pennsylvania since acquiring it from his parents, Jack F. Gothic and Sara U. Gothic, by Deed dated December 13, 1982 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book Z-29, Page 804. 4. The premises known as 322 North Front Street, Wormleysburg, Pennsylvania are more fully described as follows: ALL THAT CERTAIN lot of ground situate in the Borough of Wormleysburg, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Front Street, at the lands now or formerly of Harry E. Amdt and wife, said point being 5 feet south &the intersection of the said Front Street of the line separating Lots Nos. 16 and 17 on the hereinafter mentioned plan; thence in a westerly direction along the line of said Amdt land, parallel with the lines separating Lots 16 and 17, one hundred fifty-three and one tenth (153.1) feet to a 15 foot alley; thence along said alley in a southerly direction 65 feet to a point at the line of lands now or formerly of Daniel Fox; thence along said lands in an easterly direction one hundred fifty-two and fifty-five hundredths 052.55) feet to a point on the westerly line of Front Street; thence along said line in a northerly direction 65 feet to the place of BEGINNING. SAID lot of ground being the southerly 20 feet of Lot 16, all of Lot 15, and the northerly 20 feet of Lot 14, on the plan of lots known as Plan No. 3 of Edgewater, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 71. BEING the same premises which Nelson K. Gothie and Barbam H. Gothie, by deed dated May 3, 1985, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book G-31, Page 203, granted and conveyed unto Nelson K. Gothie, Party. 5. Prior to conveying the premises to Plaintiff, Jack F. Gothie and Sara U. Gothie agreed to sell the premises pursuant to Articles of Agreement dated June 29, 1967 to Defendant, recorded in the Office of the Recorder of Deeds in Cumberland County in Record Book 178, Page 56. 6. Defendant defaulted under the terms and provisions of said Articles of Agreement in 1972 by failing to pay the August 1972 payment and all subsequent payments and failing to keep the building insured, failing to pay the taxes, and failing to maintain the premises. 7. Defendant abandoned the premises and has not been in possession nor exercised any fights of ownership subsequent to August 1972. 2 8. By Installment Agreement of Sale for Real Estate dated March 20, 1998, Plaintiff agreed to sell the premises to Timothy J. Hogg and Jana M. Hogg, his wife, with the remaining balance of the purchase price to be paid in full by April 1, 2013. 9. Timothy J. Hogg and Jana M. Hogg have notified Plaintiff of their intent to prepay the principal due under said Installment Agreement of Sale for Real Estate. 10. Plaintiff has been advised through counsel for Timothy J. Hogg and Jana M. Hogg that the Articles of Agreement entered into between Jack F. Gothie and Sara U. Gothie and Defendant in 1967 remains a cloud on the title to the premises. 11. Defendant defaulted under the Articles of Agreement dated June 29, 1967 in August of 1972 and has abandoned the premises. 12. Defendant has no estate, right, title, lien or interest in and to said premises. 13. Plalntiffhas been unable to obtain Defendant's cooperation in executing a quit claim deed or other discharge of the Articles of Agreement dated June 29, 1967. WHEREFORE, Plaintiff requests that this Court: (a) Enter an order declaring that Defendant is barred from asserting any right, lien, title, or interest in the property on the basis of the Articles of Agreement dated June 29, 1967; (b) Enter a judgment ordering the Recorder of Deeds to cancel the Articles of Agreement dated June 29, 1967 as recorded in Record Book 178, Page 56; 3 (c) (d) Order Defendant to pay the costs of this action; and Grant such further relief as may be just and equitable. DATE: July 1, 2003 By: METTE, EVANS & WOODSIDE P. Daniel Altland~, Esquiie Sup. Ct. I.D. #25438 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff 4 Jun 30 03 08:34a Gothies Business Services B14S231501 p.3 I, l~3.qOl~ I~. C, OTI-IIE, hcreby vcfif7 and state that the facts set fofd~ ~n the foregoing document are ~uc and correct to thcbc~t of my infi)rmation, ]mowIcdge and beJief. I understand that false statements he.in are made subject to the penalties o f I $ pa. C.S.A. ~4904 relating ~o u~swom wr~fication to authorities. DATE: NELSON K. GOTHIE, Plaintiff VS. W1NSTON S. BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKETNO. 03-3102 : : Civil Action - Quiet Title PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. METTE, EVANS & WOODSIDE Date: September 2 ~ 2003 By: P. Daniel Alfland, Esquire Supreme Court I.D. No. 25438 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Nelson K. Gothie :335948_l NELSON K. GOTHIE, Plaintiff Vo WINSTON S. BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-3102 CIVIL ACTION - QUIET TITLE MOTION PURSUANT TO PA.R.C.P. NO. 430 FOR SPECIAL ORDER DIRECTING TIlE METHOD OF aERVICE OF PROCESS AND NOW, comes the Plaintiff, Nelson K. Gothie, by and through his attorneys, P. Daniel Altland, Esquire and Metre, Evans & Woodside and moves this Honorable Court for a special order directing the method of service pursuant to Pa.R.C.P. No. 430, as follows: 1. This action was commenced by Complaint filed on July 1, 2003. 2. Prior to filing the Complaint, counsel for Plaintiff made a good faith effort to locate the Defendant using telephone directories and intmrnet directories. These searches were unsuccessful. 3. Counsel for Plaintiff then obtained a skip trace report, which resulted in locating Winston S. Beshore, Sr. at 2875 Stallion Drive, Orlando, Florida 32822-3826. 4. Accordingly, counsel referenced the foregoing address in the Complaint and attempted service by certified mail, restricted delivery in accordance with Pa.R.C.P. No. 404 on July 7, 2003. 5. The certified mail addressed to Defendant in Florida was returned by the post office marked "Not Deliverable As Addressed, Unable To Forward." 6. Counsel for Plaintiff obtained an updated skip trace report which also listed the Florida address. The skip trace report covered searches of tax liens and judgments, previous possible addresses, motor vehicle registrations, professional licenses, possible relatives and other public records information. 7. The report listed as one previous address P.O. Box 2715, Harrisburg, Pennsylvania 17105-2715. 8. Counsel for Plaintiffcontacted the postal authorities requesting the residence address for the individual assigned to said post office box, but no new information has been received. 9. Jean M. Vargas, of counsel's office, telephoned a phone number for a possible previous address in Dillsburg, Pennsylvania and was told by the current resident that she has lived there for seven (7) years, does not know the Defendant and that other people have tried to locate Defendant by calling her telephone number. 10. On August 7, 2003, Jean M. Vargas, of counsel's office, called the number associated with a possible relative and spoke with a lady who identified herself as Defendant's daughter-in-law. She stated that they haven't heard from Defendant in five (5) years but have heard he is in the Harrisburg area. 11. Jean M. Vargas called another telephone number which was provided, (717) 939-2174, and spoke with a lady who said the Defendant did not live there but that she would give him a message to return the call. 12. On August 15, 2003, Defendant returned the call, confirmed the post office box address, but refused to provide his residence address. 13. On August 19, 2003, Jean M. Vargas sent a letter to Defendant at P.O. Box 2715, Harrisburg, Pennsylvania 17105 by certified and regular mail, requesting that he provide a residence address. 14. As of this date, the letter sent by regular mail has not been returned. The other letter sent by certified mail was returned "Unclaimed" on September 8, 2003. 15. Movant believes based upon the results of efforts to locate Defendant that he is concealing his whereabouts and attempting to avoid service of the Complaint. 16. An affidavit of Jean M. Vargas stating the nature and extent of her investigation as to Defendant's whereabouts is attached hereto. WHEREFORE, Movant requests issuance of a special order of court directing service of the Complaint by publication and by certified and regular mail addressed to P.O. Box 2715, Harrisburg, Pennsylvania 17105-2715. Respectfully submitted, METTE, EVANS & WOODSIDE Date: September O0 ,2003 By: P. Daniel Altland, Esquire Sup. Crt. I.D. #25438 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232.-5000 Attorneys for Plaintiff, Nelson K. Gothie :335669 _1 3 NELSON K. GOTHIE, Plaintiff VS. W1NSTON S. BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKETNO. (}3-3102 CIVIL ACTION - QUIET TITLE AFFIDAVIT I, JEAN M. VARGAS, depose and say as follows: My name is Jean M. Vargas, and I am over eighteen (18) years of age. I am a paralegal with the firm of Mette, Evans & Woodside and assisted P. Daniel Altland, Esquire in his efforts to determine the whereabouts of Winston S. Beshore, Sr. Under the supervision of P. Daniel Altland, Esquire, I obtained a skip trace report which resulted in locating Winston S. Beshore, Sr. at 2875 Stallion Drive, Orlando, Florida 32822-3826. I was later informed that the attempted service by certified mail at the Florida address was unsuccessful in that the post office returned the mail marked "Not Deliverable as Addressed - Unable to Forward". I then obtained an updated skip trace report which continued to list the Florida address for defendant. The skip trace report covered searches of tax liens and judgments, possible previous addresses, motor vehicle registrations, professional licenses, possible relatives and other public records information. That updated report contained a possible previous address ofP. O. Box 2715, Harrisburg, Pennsylvania 17105-2715. I contacted the postal authorities, requesting information as to the identity and residence address for the individual assigned to that post office box, but I was unable to obtain that information because it is deemed confidential. Within the updated skip trace report was a telephone number for a possible previous address in Dillsburg, Pennsylvania. I called that telephone number and was informed by the lady who currently resides there that she has lived there for seven (7) years, she does not know Winston S. Beshom, Sr., but that other people have frequently tried to locate him by calling her telephone number. I also contacted an individual identified as a possible relative and spoke with a lady who identified herself as defendant's daughter-in-law. She stated that they have not heard from him in about five (5) years, but has heard that he is in the Harrisburg area. On August 7, 2003, I called another telephone number which had been provided, (717) 939- 2174, and spoke with a lady who identified herself as "Rose." She stated that defendant did not live there but that she was acquainted with him and would give him a message to return my call. On August 15, 2003, Winston S. Beshore, Sr. did return my telephone call and confirm the post office address at which we could send correspondence. However, when asked "Do you have another address?", he responded "No." On August 19, 2003, I sent a letter to Winston S. Beshore, Sr. at P. O. Box 2715, Harrisburg, Pennsylvania 17105 by certified and regular mail, a copy of which is attached hereto marked Exhibit "A", requesting that he provide an address other than a post office box. As of the date of this Affidavit, a letter sent by regular mail has not been retumed. The certified mail which was sent on August 15, 2003 was returned on September 8, 2003 marked "Unclaimed." I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: September 8, 2003 :335792 GARY J.HEtM Au~mast 19, 2003 ViA CERTIFIED MAIL and REGULAR MAJL Winston S. Beshore, Sr. P.O. Box 2715 Harrisburg, PA 17105 Dear Mr. Beshore, Sr.: Pursuant to our telephone conversation on Friday, August 15~h, it is my understanding that Post Office Box 2715, Harrisburg, PA 17105 is the only address available for you. If you have an address other than a Post Office Box, please advise as soon as possible at (717) 231-5216. You may contact the undersigned at (717) 231-5216 with any questions regarding this matter. :uly yours, ~-V ~ ~.~legal otiS/sec :334515 NELSON K. GOTHIE, Plaintiff VS. WINSTON S. BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-3102 Civil Action - Quiet Title ORDER OF COURT AND NOW, this -I-- day of September, 2003, upon consideration of the attached Motion, it is hereby ORDERED service of the Complaint be made in the following manner: (1) by regular and certified mail addressed to P. O. Box 2715, Harrisburg, PA 17105- 2715; and (2) by publication in accordance with Pa. R.C.P. No. 430(b). :335946 NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE, SR., Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : Docket No. 03-3102 : : Civil Action - Quiet Title MOTION FOR DEFAULT JUDGMENT Plaintiff, Nelson K. Gothie, by his undersigned attorneys, files this Motion for Default Judgment against Defendant and in support thereof avers the following: 1. This is an action to quiet title in which Plaintiff requests that Defendant Winston S. Beshore, Sr. and any person claiming under Defendant be permanently enjoined and restrained from asserting any claim or interest in or to the real property described in Plaintiff's Complaint, a copy of which is attached as Exhibit "A". 2. Attached as Exhibit "B" is an Affidavit stating that a Complaint containing a Notice to Defend was served upon Defendant and that Defendant has not filed a responsive pleading to the Complaint. 3. Pa. R.C.P. No. 1066(a) allows the Court to grant appropriate relief on affidavit that Complaint contair!ing Notice to defend has been served and Defendant has not filed an answer. WHEREFORE, Plaintiff requests this Court to enter an Order of Default Judgment against Defendant, Winston S. Beshore, Sr., pursuant to Pa. R.C.P. No. 1066(a). Respectfully submitted, METTE, EVANS & WOODSIDE By: P. Daniel Altland, Esquire Sup. Ct. I.D. No. 25438 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff, Nelson K. Gothie 2 384033vl NELSON K. GOTHIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. ~5~,~- ~?/~,,~ mo : ,- WINSTON S. BESHORE. SR. : CIVIL ACTION - QUIET TITLE Defendant : -.:::~ 0 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foilowing 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 ini writing with the Court your defenses or objections to the claims set forth against you. YOu are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed i~ the Complaint or for any other claim or' relief requested by the . Plaintiff(s). 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 're OR TELEPHONE THE OFFICE SET FORTH!BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 I'RUE COPY FROM RECORD In Testimo~y w~ereof, I here unto st~t my NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE. SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION - QUIET TITLE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. :Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted fiene viente (20) dias de plazo al partir de la fecha de la demmada y la notification. Usted debe presentar una apariencia escr/ta o en persona o por abogado y mb/var en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pcdido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAlL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cnmberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 NELSON K. GOTHIE, Plaintiff Vo WINSTON S. BESHORB. SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. : : CIVIL ACTION .- QUIET TITLE COMPLAINT AND NOW comes the Plaintiff, Nelson K. Gothic, by and through his attorneys, P. Daniel Altland, Esquire and Mette, Evans & Woodside, and files this Complaint founded upon the following: 1. Plaintiff is Nelson K. Gothe, an adult individual residing at P.O. Box 42, Breezewood, Pennsylvania 15533. 2. Defendant, Winston S. Beshore, Sr., is an adult individual with the last known residence believed to be 2875 Stallion Drive, Orlando, Florida 32822-3826. 3. Plaintiffhas been the lawful record title owner of the premises known as 322 North Front Street, Wmmleysburg, Pennsylvania since acquiring it from his parents, Jack F. Gothic and Sara U. Gothic, by Deed dated December 13, 1982 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book Z-29, Page 804. 4. The premises known as 322 North Front Street, Wormleysburg, Pennsylvania are more fully described as follows: ALL THAT CERTAIN lot of ground situate in the Borough of Wormleysburg, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and d0scribed as follows: BEGINNING at a point on the westerly line of Front Street, at the lands now or formerly of Hany E. Amdt and wife, said point being 5 feet south of the intersection of the said Front Street of the line separating Lots Nos. 16 and 17 on the hereinafter · mentioned plan; thence in a westerly direction along the line of said Amdt land, parallel with the lines separating Lots 16 and 17, one hundred fifty-three and one tenth (153.1) feet to a 15 foot alley; thence along said alley in a southerly direction 65 feet to a point at the line of lands now or formerly of Daniel Fox; thence along said lands in an easterly direction one hundred fifty-two and fifty-five hundredths (152.55) feet to a point on the westerly line of Front Street; thence along said line in a northerly direction 65 feet to the place of BEGINNING. SAID lot of ground being the southerly 20 feet of Lot 16, all of Lot 15, and the northerly 20 feet of Lot 14, on the plan of lots known as Plan No. 3 of Edgewater, which plan is recorded in the Cumberland County Recorder's Office in Plan Book l, Page 71. BEING the same premises which Nelson KL Gothie and iBarbara H. Gothie, by deed dated May 3, 1985, and recorded in the Office of the Recorder of Deeds of Cumberland COunty in Deed Book G-31, Page 203, granted and conveyed unto Nelson K. Gothic, Party. 5. Prior to conveying the premises to Plaintiff, Jack F. Gothie and Sara U. Gothie agreed to sell the premises pursuant to Articles of Agreement dated June 29, 1967 to Defendant, recorded in the Office of the Recorder of Deeds in Cumberland County in Record Book 178, Page 56. 6. Defendant defaulted under the terms and provisions of said Articles of Agreement in 1972 by failing to past the August 1972 payment and all subsequent payments and failing to keep the building insured, failing to pay the taxes, and failing to maintain the premises. 7. Defendant abandoned the premises and has not been in possession nor exercised any fights of ownership subsequent to August 1972. 2 8. By Installment Agreement of Sale for Real Estate dated March 20, 1998, Plaintiff agreed to sell the premises to Timothy J. Hogg and Jana M. Hogg, his wife, with the remaining balance of the purchase price to be paid in full byApril 1, 2013. 9. Timothy J. Hogg and Jana M. Hogg have notified Plaintiff of their intent to prepay the principal due undel said Installment Agreement of Sale for Real Estate. 10. Plaintiffhas been advised through counsel for Timothy J. Hogg and Jana M. Hogg that the Articles of Agreement entered into between Jack F. Gothic and Sara U. Gothic and Defendant in 1967 remains a cloud on the title to the premises. 11. Defendant defaulted under the Articles of Agreement dated June 29, 1967 in August of 1972 and has abandoned the premises. 12. Defendant has no estate, fight, title, lien or interest in and to said premises. 13. Plaintiffhas been unable to obtain Defendant's cooperation in executing a quit claim deed or other discharge of the Articles of Agreement dated June 29, 1967. WHEREFORE, Plaintiff requests that this Court: (a) Enter an order declaring that Defendant is barred from asserting any right, lien, title, or interest in the property on the basis of the Articles of Agreement dated June 29, 1967; (b) Enter a judgment ordering the Recorder of Deeds to cancel the Articles of Agreement dated June 29, 1967 as recorded in Record Book 178, Page 56; 3 (c) (d) Order Defendant to pay the costs of this action; and Grant such further relief as may be just and equitable. DATE: July 1, 2003 By: METTE, EVANS & WOODSIDE P. Daniel Altlan~ Esqui~ Sup. Ct. I.D. #25438 3401 North Front Street P.O. Box 5950 Harrisburg, PA 1 ?110-0950 (717) 232-5000 Attorneys for Plaintiff 4 I Jun 30 03 08:34a Gothies Business Services B146231501 p.3 I, NELSON IC G-OTI-]IB, lacrcby vcrify and s~ate that the facts s~t fo~ in the forcgoi,,g document are linc and correct to thc best of my information, knowledge and beliefi I un,ca iland ~hat false s'~culea~ hca'~u are made subject to the. peaal~i~ of 1 $ pa. C.S.A. ~4904 relating to unswom vcrification to authorities. DATE: NELSON K. GOTHIE, Plaintiff WiNSTON S. BESHORE, SR., Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DocketNo. 03-3102 : Civil Action - Quiet Title : AFFIDAVIT P. Daniel Altland, Esquire deposes and says that he is the attorney for the Plaintiff in this action and makes this atffidavit on behalf of the Plaintiff, being authorized to do so; that a Complaint in this action to quiet title, containing a Notice to Defend within twenty (20) days of service was duly served on the Defendant by regular and certified mail on September 22, 2003 and by publication on September 25, 2003 and October 3, 2003 as more fully appears in the Affidavit of Service filed in the Prothonotary's Office; and that to date, the Defendant has not filed a responsive pleading in the action. I have read the following document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authoriiies. DATED: '~OGt'O~a-~-~' (/0 ~00~'~ P. Daniel Altland 384042vl NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-3102 Civil Action - Quiet Title AFFIDAVIT OF SERVICE I, P. Daniel Altland, Esquire, depose and say as follows: By Order of Court dated September 9, 2003, service of the Complaint was directed to be made by regular and certified mail and by publication. On September 22, 2003, a copy of the Complaint was served by regular mail and by certified mail. The letter and Complaint sent by ordinary mail was not returned within fifteen (15) days of mailing. The letter and Complaint set by certified mail was returned unclaimed. A copy of the September 22, 2003 transmittal letter and both envelopes are attached hereto as Exhibit "A". Publication in accordance with Pa. R.C.P. No. 430(b) was effected by advertising a notice of the action in The Patriot News on September 25, 2003 and in the Cumberland Law Journal on October 3, 2003. A copy of The Patriot News proof of publication is attached as Exhibit "B". A copy of the Cumberland Law Journal proof of publication is attached as Exhibit "C". I have read the following document and verify that the facts set forth herein are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. P. Daniel Altland 383916vl 2 ~ETTE, ]~VANS & WOODSIDE http://www, mette.com September 22, 2003 Via Certified Maili Return Receipt Reauest and First Class U.S. Mail Mr. Winston S. Beshore, Sr. P. O. Box 2715 Harrisburg, PA 17105 Gothie v. Beshore CnmberJ,nd County Court of Common Pleas Docket No. 03-3102 Dear Mr. Beshore: 8939.2 The Court issued an Order on September 9, 2003 authorizing service of the Complaint in the above matter by regular and certified mail, and by publication. In accordance with the Order, I enclose a copy of the Complaint. PDA:dlg Enclosure Very truly yours, METTE, EVANS & WOODSIDE P. Daniel Altland :336814_ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, 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 Sunday Patriot-New~ 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 25th day(s) of September 2003. 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 Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COPY S orn (.~ a~t~;~bed ~efor~,~s;~t~~bor 2003 A.D. ~mt~,P~r~¥an~x~C~,",~ My ~mmission expires June 6, 2006 M~ ~ I E, EVANS & WOODSIDE ATrN: P. DANIEL ATLAND P.O. BOX 5950 HARRISBURG, PA. 17110 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 397.00 $ 1.75 $ 398.75 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and n r' -N , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the pub}ication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz OCTOBER 3, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. Usa Marie~C~yne, Editor SWORN TO AND SUBSCRIBED before me this 3 day of O~ Notar},. - ,~r/ . .oT^a .sm I LOIS E. SNYDER, Notary PubllO.~ I Carlisle Bom, Cumberland coUnty ~I My Commission Explres March $, 2~5 ~ CUMBERLAND LAW JOURNAL NOTICE In the Cou~t of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No, 03-3102 NELSON K. GOTHIE, Plaintiff VS. WINSTON S. BESHORE, SR., Defendant QUIET TITLE NOTICE OF ACTION TO QUIET TITLE TO: WInston S, Beshore, Sr. NOTICE IS HEREBY GIVEN that on July 3, 2003, the above named Plaintiff filed a Complaint to Quiet Title as above noted against you seeking a Court Order decreeing that Plaintiff owns the premises below described In fee simple, free and clear of any and all right, title, Interest, claim or demand which you may have in and to said premises, Plaintiff claims to by the owner of said premises by virtue of a Deed dated Decembe~ 13, 1982, recorded in Deid Book Z-29, Page 804, Plaintiff seeks to clear and re- move the cloud of ttile resulttog from the Art/cles of Agreement dated June 29,1967 under which you agreed to purchase the premises which are described as follows: ALL THAT CERTAIN lot of ground situate in the Borough of Wormleys- burg, County of Cumberland, Com- monwealth of Pennsylvania, more particularly bounded and described as follows: 4 BEGINNING at a point on the westerly lIne of Front Street, at the lands now or formerly of Harry E. Amdt and wife, said point being 5 feet south of the Intersection of the said Front Street of the line separat- tog Lots Nos, 16 and 17 on the here- inafter mentioned plan; thence In a westerly direcfion, along the line of said Arndt land, parallel w/th the lines separating Lots 16 and 17, one hundred fifty-three and one tenth (153.1) feet to a 15 foot alley; thence along said alley to a southerly di- rection 65 feet to a point at the line of lands now or formerly of Daniel Fox; thence along said lands in an easterly direction one hundred fifty-two and fifty-five hundredths (152.55) feet to a point on the west- erly line of Front Street; thence along said line to a northerly direction 65 feet to the place of BEGINNING. SAID lot of ground being the southerly 20 feet of Lot 16, all of Lot 15, and the northerly 20 feet of Lot 14, on the plan of lots known as Plan No. 3 of Edgewater, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 71. YOU APE FURTHER NOTIFIED that the Court of Common Pleas of Cumberland County, Permsylvanta, has ordered that service of the Com- plaint be made upon Winston S. Beshore, Sr., by an Order dated September 9, 2003, which requires that this notice be published one time In the Cumberland County Law Journal and also in one newspaper of general circulation to Cumberland County, Pennsylvania, If you wish to defend, you must enter a written appearanee person- ally or by attorney and file your de- fenses or objections to writing with the court. You are wa~ned that if you CUMBERLAND LAW JOURNAL fail to do so the case ma), 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 prop- erty or other right~ important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAy BE ABLE TO PROVIDE YOU %VfI~H INFORMATION ABOUT AGEN- CIES THAT MAy OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 1 {800) 990-9108 P. DANIEL ALTLAND, ESQUIRE MErr~J, EVANS & WOODSIDE, P.C. 3401 North Front Street P.O. Box 5950 Hardsburg, PA 17110-0950 Oct. 3 NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : Docket No. 03-3102 : : Civil Action - Quiet Title ORDER AND NOW, this ~/t~/k dayof O~O~'1 ,2003, an Affidavit of Service of the Complaint with Notice to Plead having been filed, and no answer having been made by Defendant, upon consideration of the motion of Plaintiff pursuant to Pa. R.C.P. No. 1066(a), it is hereby ORDERED that Defendant Winston S. Beshore, Sr. is forever barred from asserting any right, lien, title or interest in the property known as 322 North Front Street, Wormleysburg, Pennsylvania, more fully described as follows: ALL THAT CERTAIN lot of ground situate in the Borough of Wormleysburg, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Front Street, at the lands now or formerly of Harry E. Arndt and wife, said point being 5 feet south of the intersection of the said Front Street of the line separating Lots Nos. 16 and 17 on the hereinafter mentioned plan; thence in a westerly direction along the line of said Amdt land, parallel with the lines separating Lots 16 and 17, one hundred fifty- three and one-tenth (153.1) feet to a 15-foot alley; thence along said alley in a southerly direction 65 feet to a point at the line of lands now or formerly of Daniel Fox; thence along said lands in an easterly direction one hundred fifty-two and fifty-five hundredths (152.55) feet to a point on the westerly line of Front Street; thence along said line in a northerly direction of 65 feet to the place of BEGINNING. SAID lot of ground being the southerly 20 feet of Lot 16, all of Lot 15, and the northerly 20 feet of Lot 14, on the plan of lots known as Plan No. 3 of Edgewater, which plan is recorded in the Cumberland County Recorder's Office in Plan Book I, Page 71. The Articles of Agreement dated June 29, 1967 recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 178, Page 56 are hereby cancelled and declared null and void, and the Recorder of Deeds is directed to cancel said Articles of Agreemem. 384026vl 2 NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-3102 Civil Action - Quiet Title MOTION FOR DEFAULT JUDGMENT Plaintiff, Nelson K. Gothie, by his undersigned attorneys, files this Motion for Default Judgment against Defendant and in support thereof avers the following: This is an action to quiet title in which Plaintiff requests that Defendant Winston S. Beshore, Sr. and any person claiming under Defendant be permanently enjoined and restrained from asserting any claim or interest in or to the real property described in PlaintiWs Complaint, a copy of which is attached as Exhibit ~'A". 2. Attached as Exhibit "B" is an Affidavit stating that a Complaint containing a Notice to Defend was served upon Defendant and that Defendant has not filed a responsive pleading to the Complaint. 3. Pa. R.C.P. No. 1066(a) allows the Court to grant appropriate relief on affidavit that Complaint containing Notice to defend has been served and Defendant has not filed an answer. WHEREFORE, Plaintiff requests this Court to enter an Order of Default Judgment against Defendant, Winston S. Beshore, Sr., pursuant to Pa. R.C.P. No. 1066(a). Respectfully submitted, METTE, EVANS & WOODSIDE By: P. Daniel Altland, Esquire Sup. Ct. I.D. No. 25438 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff, Nelson K. Gothie 384033vl 2 NELSON K. GOTHIE, Plaintiff Vo WINSTON S. BESHORE. SR. Defendant : DOCKETNO. ~,~,-.3/~,~ : : CIVIL ACTION - QUIET TITLE NOTICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .-< YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your 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(s). 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. C,,raberland Cotmty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 'fRUE COPY FROM RECORD In Testimony whereof, I here ur~o ~ my hand and the seal of sa~d Court at Carlisle, Pa. NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE. SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION - QUIET TITLE NOTICIA LB HAN DEMANDADO A USTED EN LA CORTB. Si usted quiere defenderse de astas demandas expuestas en las paginas siguientas, usted fiene viente (20) dias de plazo al pa~ir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corm tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perrier dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cnmberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE. SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. : CIVIL ACTION - QUIET TITLE : COMPLAINT AND NOW comes the Plaintiff, Nelson K. Gothic, by and through his attorneys, P. Daniel Altland, Esquire and Mette, Evans & Woodside, and files this Complaint founded upon the follow'rog: 1. Pla'mtiff is Nelson K. Gothic, an adult individual residing at P.O. Box 42, Breezewood, Pennsylvania 15533. 2. Defendant, Winston S. Beshore, Sr., is an adult individual with the last known residence believed to be 2875 Stallion Drive, Orlando, Florida 32822-3826. 3. Plaintiffhas been the lawful record title owner of the premises known as 322 North Front Street, Wormleysburg, Pennsylvania since acquiring it from his parents, Jack F. Gothic and Sara U. Gothic, by Deed dated December 13, 1982 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book Z-29, Page 804. 4. The premises known as 322 North Front Street, Wormleysburg, Pennsylvania are more fully described as follows: ALL THAT CERTAIN lot of ground situate in the Borough of Wormleysburg, County of Cumberland, Conunonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Front Street, at the lands now or formerly of Harry E. Amdt and wife, said point being 5 feet south of the intersection of the said Front Street of the line separating Lots Nos. 16 and 17 on the hereinafter mentioned plan; thence in a westerly direction along the line of said Amdt land, parallel with the lines separating Lots 16 and 17, one hundred fifty-three and one tenth (153.1) feet to a 15 foot alley; thence along said alley in a southerly direction 65 feet to a point at the line of lands now or formerly of Daniel Fox; thence along said lands in an easterly direction one hundred fifty-two and fifty-five hundredths (152.55) feet to a point on the westerly line of Front Street; thence along said line in a northerly direction 65 feet to the place of BEGINNING. SAID lot of ground being the southerly 20 feet of Lot 16, all of Lot 15, and the northerly 20 feet of Lot 14, on the plan of lots known as Plan No. 3 of Edgewater, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 71. BEING the same premises which Nelson K. Gothic and Barbara H. Gothic, by deed dated May 3, 1985, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book G-31, Page 203, granted and conveyed unto Nelson IC Gothic, Party. 5. Prior to conveying the premises to Plaintiff, Jack F. Gothie and Sara U. Gothie agreed to sell the premises pursuant to Articles of Agreement dated June 29, 1967 to Defendant, recorded in the Office of the Recorder of Deeds in Cumberland County in Record Book 178, Page 56. 6. Defendant defaulted under the terms and provisions of said Articles of Agreement in 1972 by failing to pay the August 1972 payment and all subsequent payments and failing to keep the building insured, failing to pay the taxes, and failing to maintain the premises. 7. Defendant abandoned the premises and has not been in possession nor exercised any fights of ownership subsequent to August 1972. 8. By Installment Agreement of Sale for Real Estate dated March 20, 1998, Plaintiff agreed to sell the premises to Timothy J. Hogg and Jana M. Hogg, his wife, with the remaining balance of the purchase price to be paid in full by'April 1, 2013. 9. Timothy J. Hogg and Jana M. Hogg have notified Plaintiff of their intent to prepay the principal due under said Installment Agreement of Sale for Real Estate. 10. Plaintiff has been advised through counsel for Timothy J. Hogg and Jana M. Hogg that the Articles of Agreement entered into between Jack F. Gothic and Sara U. Gothic and Defendant in 1967 remains a cloud on the title to the premises. 11. Defendant defanlted under the Articles of Agreement dated Jun~ 29, 1967 in August of 1972 and has abandoned the premises. 12. Defendant has no estate, right, title, lien or interest in and to said premises. 13. Plaintiffhas been unable to obtain Defendant's cooperation in executing a quit claim deed or other discharge of the Articles of Agreement dated June 29, 1967. WHEREFORE, Plaintiffrequests that this Court: (a) Enter an order declaring that Defendant is barred from asserting any right, lien, title, or interest in the property on the basis of the Articles of Agreement dated June 29, 1967; (b) Enter a judgment ordering the Recorder of Deeds to cancel the Articles of Agreement dated June 29, 1967 as recorded in Record Book 178, Page 56; (c) (d) Order Defendant to pay the costs of this action; and Grant such further relief as may be just and equitable. DATE: July 1, 2003 By: METTE, EVANS & WOODSIDE P. Daniel Altland, Esquir~ Sup. Ct. I.D. #25438 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff ~ Jun '3d 03 OB:34a Gothies Business Services 814~231501 p.3 V'~RIFICAT][ON I, NELSON IC C~THIE, h~..by ~erify and ~tale that the facts set fo~ i~ the foregoing document areim¢ a~tcor~ect to lhebest ofmYinformation, knowledge ~d belief. I tmdea~m~l that false stai~mmts her~ are made subject to the pe~alli~ of 18 l'~- C.$.A. ~4904 rO~iqg to unswora verification to authoziti~s. DATE: 5 NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : Docket No. 03-3102 : Civil Action - Quiet Title : AFFIDAVIT P. Daniel Altland, Esquire deposes and says that he is the attorney for the Plaintiffin this action and makes this affidavit on behalf of the Plaintiff, being authorized to do so; that a Complaint in this action to quiet title, containing a Notice to Defend within twenty (20) days of service was duly served on the Defendant by regular and certified mail on September 22, 2003 and by publication on September 25, 2003 and October 3, 2003 as more fully appears in the Affidavit of Service filed in the Prothonotary's Office; and that to date, the Defendant has not filed a responsive pleading in the action. I have read the following document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities:. / P. Daniel Altland 384042vl NELSON K. GOTHIE, Plaintiff Vo WINSTON S, BESHORE, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03~3102 Civil Action - Quiet Title AFFIDAVIT OF SERVICE I, P. Daniel Altland, Esquire, depose and say as follows: By Order of Court dated September 9, 2003, service of the Complaint was directed to be made by regular and certified mail and by publication. On September 22, 2003, a copy of the Complaint was served by regular mail and by certified mail. The letter and Complaint sent by ordinary mail was not returned within fifteen (15) days of mailing. The letter and Complaint set by certified mail was returned unclaimed. A copy of the September 22, 2003 transmittal letter and both envelopes are attached hereto as Exhibit "A". Publication in accordance with Pa. R.C.P. No. 430(b) was effected by advertising a notice of the action in The Patriot News on September 25, 2003 and in the Cumberland Law Journal on October 3, 2003. A copy of The Patriot News proof of publication is attached as Extfibit "B". A copy of the Cumberland Law Journal proof of publication is attached as Exhibit "C". I have read the following document and verily that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: P. Daniel Altland 383916vl 2 ~I~TI~. ]EVA1N~ & TVOOD~DE http://www, metta.eom September 22, 2003 Via Certified Mail. Return Receipt Request and First Class U.S. Mail Mr. Winston S. Beshore, Sr. P. O. Box 2715 Harrisburg, PA 17105 Re: Gothic v. Beshore ~ Cnmberl~nd County Court of Common Pleas Docket No. 03-3102 8939.2 Dear Mr. Beshore: The Court issued an Order on September 9, 2003 authorizing service of the Complaint in the above matter by regular and certified mail, and by publication. In accordance with the Order, I enclose a copy of the Complaint. Very truly yours, METTE, EVANS & WOODSIDE P. Daniel Altland PDA:dlg Enclosure :336814._ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A, Dennison, being duly sworn aocording to law, deposes and says: That he Js the Asst. ControJler 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 Sunday Patriot-News newspapers of general circulation, printed and pubJJshed at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mamh 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely affached hereto is exactly as printed and published in their regular daily and/or SundaY/ Metro editions which appeared on the 25th day(s) of September 2003. That neither he nor said Company is interested in the subject matter of said p?inted notice or adve~tising, 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 Dauphin in Miscellaneous Book PUBLICATION ................................. COPY Sworn fore 30th day~Se~t~nber 2003 A.D. My CommP.~jon Expires June 6, 2006 NOfl'ARY PUBLIC Msmber. penns~van~.~:aa=nO~Not~es My commission expires June 6, 200~ M~- i ~ E, EVANS & WOODSIDE A'FI'N: P. DANIEL ATLAND P.O. BOX 5950 HARRISBURG, PA. 17110 Statement of Advertising Costs To THE PATRIOT*NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total 397.00 1.75 398.75 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. L L~.~,~,J..L.kB no~' . ~ · e..~.: . .:. . p. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL ('Under Act No. 587, approved May 16, 1929), P. L.1754 STATE OF PENNSYLVANIA : ; COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the, Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumber/and 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 folIowing dates; Viz OCTOBER 3, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 3 day of OCTOBER. 2003 NOTARIAL SEAt. LOIS E. SNYDER, Notan/ Carlisle Bom, Cumberland My Commission Explres Mardn 5, 2005 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvarfla Civil Action--Law No. 03-3102 NELSON K. GOTHIE, Plaintiff WINSTON S. BESHORE, SR., Defendant QUIET TITLE NOTICE OF ACTION TO QUIET TITLE TO: Winston S. Beshore, Sr. NO'I3CE IS HEREIB~ GIVEN that on July 3, 2003, the above named Plaintiff flied a Complaint to Quiet Title as above noted against you seeking a Court Order decreeing that Plaintiff owns the premises below described th fee simple, free and clear of any and all right, title, interest, claim or demand which you may have in and to said premises, Plaintiff claims to by the owaer of said premises by virtue of a Deed dated December 13, 1982, recorded in Deed Book Z-29, Page 804. Plaintiff seeks to clear and re- move the cloud of title resulting from the Articles of Agreement dated June 29.1967 under which you agreed in purchase the premises which are described as follows: ALL THAT CERTAIN lot of ground situate in the Borough of Wormlcys- burg, Colmty of Cumberland, Com- monwealth of Pennsylvania, more particularly bounded and described as fallows: BEGINNING at a point on the westerly line of Front Street, at the lands now or formerly of Harry E. Arndt and wife, said point being 5 feet south of the Intersection of the said Front Street of the line separat- Lug Lots Nos. 16 and 17 on the here- lnalier mentioned plan; thence tn a westerly direction, along the line of said Aendt land, parallel with the lines separathug Lote 16 and 17, one hundred f/fly-three and one tenth {153.1) feet isa 15 foot ailey; thence along said alley in a southerly rection 65 feet to a po/nt at the line of lands now or formerly of Dainel Fox; thence along said lands in an easterly direction one hundred fifty-two and fifty-five hundredths [152.55) feet to a point on the west- erly l/ne of Front Street; thence along said line in a northerly direction 65 feet to the place of BEGINNING, SAID lot of ground being the southerly 20 feet of Lot 16, all of Lot 15, and the northerly 20 feet of LOt 14. on the plan of lots known as Plan No. 3 of Edgewater, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 71. YOU ARE FURTHER NOTIFIED that the Court of Common Pleas of Cumberland County, Pennsylvania, has ordered that service of the Com- plaint be made upon WLuston $. Beshore, Sr., by an Order dated September 9, 2003, which requ/res that this notice be published one time in the Cumberland County Law Journai and also in one newspaper of general circulation in Cumberland County, Permsylvanla. If you wish to defend, you must enter a written appearance person- ally or by attorney and file yom' de- fenses or objections Lu writing with the court You are warned that ffyou CUMBERLAND LAW JOURNAL fail to do so the case may proceed without you and aJudgment may be entered against you without further not/ce for the relief requested by the plaintiff'. You ma), lose money or prop- erty or other rights important to yOU. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO '/O OR TELEPHONE THE OF~ FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WlTH INFORMATION ABOUT AGEN- CIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, FA 17013 1 (800) 990-9108 P. DANIEL ALTLAND, ESQUIRE MEI£~, EVANS & WOODS1DE, P.C. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Oct, 3 5