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HomeMy WebLinkAbout07-2082RICHARD L. WEALAND and SUSAN M. WEALAND, husband and wife, Plaintiffs V. GREGORY W. SHEPARD and TERRI L. SHEPARD, a/k/a TERRI L. MCMILLAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. U 7. :?20" 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RICHARD L. WEALAND and SUSAN M. WEALAND, husband and wife, Plaintiffs V. GREGORY W. SHEPARD and TERRI L. SHEPARD, a/k/a TERRI L. MCMILLAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una order contra usted sin previo aviso o notificacion y por cualquier que a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. 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 ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 RICHARD L. WEALAND and SUSAN M. WEALAND, husband and wife, Plaintiffs V. GREGORY W. SHEPARD and TERRI L. SHEPARD, a/k/a TERRI L. MCMILLAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ACTION TO QUIET TITLE AND NOW, comes the Plaintiffs, Richard L. Wealand and Susan M. Wealand, by and through counsel, R. Mark Thomas, Esquire, and file this Action to Quiet Title and in support thereof respectfully represent: 1. Plaintiffs, Richard L. Wealand and Susan M. Wealand, husband and wife, are adult individuals who reside at 487 State Road, West Fairview, Cumberland County, Pennsylvania. 2. Defendant, Gregory W. Shepard, is an adult individual who resides at 548 Daughertys Run Road, Williamsport, Lycoming County, Pennsylvania 17701. 3. Defendant, Terri L. Shepard a/k/a Terri L. McMillan, is an adult individual whose last known address was 801 North Santa Fe Avenue, Pueblo, Colorado 81003. 4. Defendants were husband and wife on August 1, 1997, when they entered into a written Agreement for Purchase of Real Estate located 487 State Road, West Fairview, Cumberland County, Pennsylvania, with Richard B. Knisely and Frances A. Knisely, the Sellers. (A copy of the Agreement for Purchase of Real Estate is attached hereto and incorporated herein as Plaintiffs' Exhibit "A".) 5. The Agreement was recorded in the Cumberland County Recorder of Deeds Office at Book 553, Page 893. 6. In July 2000, approximately one (1) month before payment in full was due to Richard B. Knisely and Frances A. Knisely under the aforementioned Agreement for Purchase of Real Estate, the Defendants abandoned the subject property without notice to the Sellers and left no word of a forwarding address where they could be located. 7. Defendants made no payments to Sellers after July 2000 and consequently were in default of the Agreement. 8. Under the terms of the aforementioned Agreement for Purchase of Real Estate, upon default of Buyers, Richard B. Knisely and Francis A. Knisely, as Sellers, had the right to retake possession of the premises and all rights, title, interest or claims of any nature of Buyers in the premises would cease and terminate. 9. After several months of not hearing from or being paid by Defendants, Richard B. Knisely and Frances A. Knisely, took possession of the abandoned property. 10. Although the Knisely's retook possession of the real estate located at 487 State Road, West Fairview, Cumberland County, Pennsylvania, they did not file a legal action to extinguish the rights of Defendants under the Sales Agreement. 11. On July 31, 2003, the Knisely's transferred title to the real estate at 487 State Road, West Fairview, Cumberland County, Pennsylvania, to Richard R. Wealand and Susan M. Wealand, the Plaintiffs herein. 12. The previously recorded Agreement for Purchase of Real Estate dated August 1, 1997, between Richard B. Knisely and Frances A. Knisely, as Sellers, and Gregory W. Shepard and Terri L. Shepard, as Buyers, creates a cloud on the title to the real estate to the detriment of Plaintiffs. 13. The land in question is more particularly described in Exhibit "B" which is attached hereto and incorporated herein as if set forth at length. WHEREFORE, Plaintiffs pray this Honorable Court will enter an Order to: A) Compel Gregory W. Shepard and Terri L. Shepard, or either of them, to file, record, cancel, surrender or satisfy of record, or admit the invalidity or discharge of, the Agreement for Purchase of Real Estate dated August 1, 1997, by and between Richard B. Knisely and Frances A. Knisely, Sellers, and Gregory W. Shepard and Terri L. Shepard, Buyers. B) Compel Gregory W. Shepard and Terri L. Shepard, or either of them, to commence an action of ejectment against the Plaintiffs, or in the alternative; Respectfully submitted, R. Mark Thomas, Esquire ID No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 VEIUFICA`hION I verify that the statements made in the foregoing document 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:/ os' ,.aim ?x {?, b ?`? ?- AGREEMENT FOR PURCHASE OF REAL ESTATE ? THIS AGREEMENT, made this 15-t day of At?tt3--v 1997y by and between RICHARD B. KNISELY and FRANCES A. KNISELY, 100 Center Street# Enola, Pennsylvania husband and wifey hereinafter referred to as "Sellers"; and GREGORY W: SHEPARD and TERRI L. SHEPARD, husband and wife, 487 State Streets West Fairview; Pennsylvania hereinafter referred to as "Buyers" . W I T N E S S E T H: WHEREASi Sellers are the owners of real estate improved with a single-family dwelling situate at 487 State Road, West Vairview+ Pennsylvania; and WHEREASi Sellers desire to sell and Buyers desire to purchase said real estate under the terms and conditions hereinafter set forth. NOW THEREFORE] intending to be legally bound hereby, the parties agree as follows: is REAL ESTATE - If the Buyers shall first make the payments and perform the covenants hereinafter mentioned on their part to be made and performed# the Sellers hereby covenant and agree by good and sufficient deed of special warranty to convey and assure to Buyersp who thereby agree to purchase in fee simple, clear of all encumbrances, said real estate known and numbered as 487 State Roads West Fairview; Cumberland County, Pennsylvania, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference. 2. CONSIDERATION - As the purchase price of said real estates the Buyers hereby covenant and agree to pay to sellers the sum of SIXTY-NINE THOUSAND NINE HUNDRED ($69,900.00) DOLLARS, plus interests in the following manner: A) The sum of THREE THOUSAND FIVE HUNDRED ($3,500.00) DOLLARS, cash in hand at or before the time of signing of this Agreement. B) The sum of SIXTY-SIX THOUSAND FOUR HUNDRED ($66400.00) DOLLARS payable on or before August 1, 2000. As payment towards that balance, the Buyers shall pay the sum of FIVE HUNDRED FIFTY-FIVE DOLLARS AND FORTY CENTS ($555.40) per month, as payment for principal and interest each and every month beginning September ly 1997 and continuing through August 1, 2000 when the loan balloons and the final payment is due and owing. The balance shall carry an annual interest rate of 8%. Buyers may prepay the balance at any time without penalty. 3. PAYMENTS - Payments should be made payable to and mailed to Sellers at 100 Center street, Enola, Pennsylvania 17025. 4: TAXES - Buyers agree to pay for all real estate taxes including# but not limited to, school taxes that are currently assessed as well as county and borough taxes that will be assessed in March 1998. In order to pay these taxes; an escrow account will be established with sellers so that an additional amount shall be paid each month to provide sufficient funds for 2 Sellers to pay the taxes when they are due. During the term of this Agreements that amount shall be fixed at $45.60 per month. Any necessary adjustments in this account will be made at the time of final settlement and transfer of deed. 5. UTILITIES AND ASSESSMENTS - The Buyers will pay all sewer and refuse removal charges. All assessments from municipalities or improvements completed after this date shall be paid by Buyers: 6. TRANSFER TAXES - Realty Transfer Taxes shall be divided equally between the parties at time of transfer of the deed. 7. MUNICIPAL CLAIMS - No municipal or other governmental improvements affecting the premises are, as of the date hereof, in the course of construction or installation and, to the best of the Sellers knowledge, no improvements have been ordered. No notice from any governmental authority has been issued or served upon the premises or any occupant thereof or upon the Sellers prior to the signing of this Agreement calling attention to any violation of any building, fire; safety] or other ordinance or requiring or calling attention to the need for any curbing, recurring, paving, repaving or other construction of improvements on or about the premises, or removal of any nuisance therefrom. 8. POSSESSION - Possession of said real estate shall be given to the Buyers upon execution of this Agreement, and shall continue as long as the Buyers shall punctually pay the agreed installments toward the purchase price, as above provided, and shall comply with all other terms and conditions of this Agreement; but the title and 3 ownership of said real estate shall remain in the sellers or their heirs and assigns, and no right, title or interest in said real estate] either legal or equitable, shall pass by virtue of this Agreement until such purchase price shall have been fully complied with. 9. RISK - As a part of the consideration, Buyers expressly assume all risk and responsibility for any accident, injury or damage to persons or property as to themselves or others; in or about said premises and agree to hold Sellers harmless from all liability therefrom. 10: INSURANCE - The Buyers shall cause to be insured with a reputable insurance company the building now on the property, or such other buildings or improvements as may be placed thereon, against fire, lightning, vandalism, or other insurable damage, in the amount of SIXTY-NINE THOUSAND NINE HUNDRED ($69,900.00) DOLLARS. Buyers shall cause the Sellers' names to appear as additionally insured on said policy. In the event of a loss and recovery under insurance, Buyers agree to repair or replace that which has been damaged or to consult with Sellers relative to the disposition of any funds received from insurance. Buyers shall provide Sellers annual proof of payment of such insurance. 4 11. MAINTENANCE OF PROPERTY - The Buyers shall use said premises well and keep same in good repair, including mowing the lawny at the expense of the Buyers, and shall not commit waste thereon. In the event of any breach and re-entry of the Sellers, the Buyers shall deliver up premises to the sellers in as good condition as same are now in or may be put ini ordinary wear and tear and acts of God excepted: The Buyers shall at all times use and maintain said premises in accordance with the laws, ordinances and regulations of the United States, State of Pennsylvania, Borough of West Fairview; County of Cumberland. Boyers shall not renovate] remodel or alter any building or improvement now or hereafter situate on the property without first giving written notice and getting Sellers' approval in writing for such action: Sellers hereby agree that such approval will not be unreasonably withheld The Sellers shall have the right at any reasonable time to enter upon and in said premises for the purpose of inspecting same upon reasonable notice to Buyers. 12: CONDITION OF PREMISES - Buyers accept the property in its current "gas is condition". There are no representations or guarantees as to the condition of the dwelling or any systems contained therein. 13. ENCUMBRANCES AND MECHANICPS LIENS - The Buyers shall not and will not suffer or permit any mechanic's liens or other liens to be attached to or against the property aforesaidy which shall or may be superior to the rights of the sellers. Each and every 5 contract for repairs and improvements on the premisest or any part thereofj shall contain an express, full and complete waiver and release of any and all liens or claims or right of lien against the property herein agreed to be conveyed, and no contract or agreement] oral or written, shall or will be executed by the Buyers for repairs or improvements upon the property aforesaid except the same contain such express waiver or release of lien upon the part of the party contracting] and a part of each and every contract and of the plans and specifications for such repairs and improvements shall and will be promptly delivered to and may be retained by the Sellerss 14. TIME OF ESSENCE - It is mutually agreed that time of payment shall be of the essence in this Agreement; that all of the covenants and agreements herein contained shall extend to and be obligatory upon the heirs, executors] administrators, successors and assigns of the respective parties; and that there are no representations respecting said real estates building] fixtures, equipment or sale thereof, except as contained in this Agreement. if payments are not received by Sellers within five (5) days of the date that they are duet then Buyers shall pay a 10% late charge: Failure to pay the late charge shall constitute default under this agreement: 15: DEFAULT - If an installment payment shall be delinquent for a period of THIRTY (30) days after the payment is due, the Buyers shall be considered to be in default under the terms of this 6 Agreement. If any taxes, assessments or insurance premiums shall not be paid when they are due, or if the Buyers shall fail to observe or perform any other conditions or terms of this Agreement, this Agreement shall also be considered to be in default. In the event of default by Buyers, Sellers may, at their option, declare the unpaid balance of the purchase price immediately due and payable, or elect to retake possession of the premises; in which case] the amount already paid shall be considered to be liquidated damages and not a penalty. In the latter event] all rights and privileges of the Buyers shall cease and terminate and the Buyers shall have no further right, title, interest or claim of any kind or character in or to the real estate, building, fixtures, equipment and business described therein, or the legal or equitable title thereto, or any of the benefits provided under the terms of this Agreement: Failure or delay of the sellers to execute any option hereunder at the time of any default, shall not operate as a waiver of the right of the Sellers to exercise such option for the same or any subsequent default at any time. 16: LITIGATION - Should any litigation be commenced between the parties hereto concerning the business or real estate] this Agreements or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled toj in addition to such other relief that may be granted, a reasonable sum as and for their attorney's fees which shall be determined by the 7 court in such litigation or in a separate action brought for that purpose. 17. NOTICE - Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party hereto, Buyers or sellers, by the other party] shall be deemed duly served and given when personally delivered to any of the parties to whom it is directed or, in lieu of such personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Buyers at 487 State Street, West Fairview, Pennsylvania 17025; or to Sellers at 100 Center Street, Enola, Pennsylvania 17025. Each party may change their address for purposes of this section by giving written notice of such change to the other party in the manner provided for in this section. 18: MODIFICATION - No modification of this Agreement shall be binding upon the parties hereto unless the same shall be in writing and duly executed by the Buyers and Sellers: 19. ENTIRE AGREEMENT - This Agreement sets forth the entire understanding of the parties and may not be changed except by written agreement of the parties. 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the day andyear first above written. iR CH D R. KNIS Y, Se 1""? 1-'17 )?? :'d I-& - PRANCES A. KNIS Y, Sagel- - GREGORY/W. SHEPARDy Buyer TERRI L. SHEPAR , Buyer COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this f5 -r day of S 19971 before mes a Notary Publics personally appearedVichard R: Knisely and Frances A: Kniselyj known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained: IN WITNESS WHEREOFs I hereunto set my hand and official seal. Notary Public Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires June 22, 2000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this F St day of /-?itJ?U-St 1 19971 before me, s Notary Publics personally appeared' Gregory W. Shepard and Terri L, Shepardj known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein Contained: IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires June 22, 2000 io ) x?ib-t B LEGAL DESCRIPTION ALL those two tracts of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, as shown on a Plan of Property of Fred W. and Nellie I. Shaull dated February 6, 1967 and recorded in Cumberland County Deed Book P, Volume 32, page 1079, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point or stake on the East Side of State Road, which point is on the division line between the property herein described and property No. 485 State Road; thence North 37 degrees 40 minutes East on and along said division line 18.2 feet to a point; thence on and along said division line and through the partition wall separating property No. 485 and No. 487 State Road North 46 degrees 20 minutes East 56.1 feet to a point; thence on and along said division line North 51 degrees 35 minutes East 111.8 feet to a point or stake on a 14 foot wide alley; thence North 62 degrees 00 minutes West 39.25 feet on and along said alley to pa point or stake on the division line between the property herein described and the property now or late of William M. Worley; thence South 51 degrees 45 minutes West on and along said division line 89.5 feet to a point; thence South on and along said division line 45 degrees 45 minutes West 91.0 feet to a point or stake on the East side of State Road; thence South 57 degrees 45 minutes East on and along the East Side of State road 38.02 feet to a point or stake, the place of BEGINNING. Having thereon erected the western half of a 2 Y2 story frame dwelling house known as number 487 State Road. TRACT NO. 2 BEGINNING at a point or stake on the West side of State Road and across said road from Tract No. 1 above set forth, the point or stake is on the division line between the property herein described and the property now or late of William M. Worley; thence South 54 degrees 45 minutes West on and along said division line 200 feet to the Conodoguinet Creek; thence in a Southeastwardly direction along said Creek 29.62 feet to a point or stake on the division line between the property herein described and the property now or late of Charles Shay and wife; thence North 54 degrees 45 minutes East on and along said division line 200 feet to a point or stake on the West Side of State road; thence North 57 degrees 45 minutes West along the West Side of State Road 29.62 feet to a point, the place of BEGINNING. Having thereon a Cesspool used in common by several properties on State Road. ca NIZS ?. f .„ '_ Y V V\ O I 3;- -G SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02082 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEALAND RICHARD L ET AL VS SHEPARD GREGORY W ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHEPARD GREGORY W but was unable to locate Him deputized the sheriff of LYCOMING in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT -QUIET TITLE On May 21st , 2007 , this office was in receipt of t attached return from LYCOMING Sheriff's Costs: So answers_, .- Docketing 18.00 Out of County 9.00 -?? Surcharge 10.00 R. Thomas Kline Dep Lycoming Cc 22.00 Sheriff of Cumberland County Postage 1.76 60.76 51a-4 jt>n 05/21/2007 R MARK THOMAS Sworn and subscribe to before me this day of A. D. .in The Court of Common Pleas of Cumberland County, Pennsylvania Richard L. Wealand et al vs. Gregory W. Shepard Now, April 18, 2007 No. 07-2082 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lycoming County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, MAY 3, 520 07 , at 2:30 o'clock P. M. served the within COMPLAINT IN ACTION TO QUIET TITLE upon GREGORY W. SHEPARD at 48 WEST THIRD STREET, COURT HOUSE, WILLIAMSPORT PA by handing to HIM PERSONALLY a TRUE AND ATTESTED - copy of the original and made known to HIM So answers, Sworn and subscribed before me this 16 day of MAY, , 20 07 WIUTAWI I BURG R ttwnotary & C kmt of Courts WHliamspott, L County my cnmmission 6pires an. 4, 1008 COMPLAINT the contents thereof. Sheriff LYCOMIN Cou , PA BY : ;L COSTS vi B. Bernard C ie e uty SERVICE $ 18.00 MILEAGE 1.50 AFFIDAVIT 2.50 $ 22.00 PAID 5/7/07 RICHARD L. WE SUSAN M. WEA: husband and wife, V. GREGORY W. SHEPA TERRI L. SHEPARD, a TERRI L. MCMILLAN To the Prothonotary: Kindly enter captioned matter due to this Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA and NO. 07-2082 CIVIL and a N ~ t~ ~_ O f 1 ~ _._ _-- 'T cl~ ~f . `C7 r, ~' ~. -"' ~~ f'6'~ ~ .r~ ` _ ` -( against Defendant, GREGORY W. SHEPARD, in the above- failure to respond to the Complaint which was properly served upon Attached hereto i~s a certification certifying that the Defendant was served with the Complaint and was Defendant's failure to ~b'~'~/yon ply 7 C?,~# a ~ with a Notice of Praecipe to Enter Judgment by Default due to the Respectfully submitted, R. Mazk Thomas, Esquire ID No. 41301 101 South Mazket Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 e RICHARD L. WE SUSAN M. WEA: husband and wife, v. GREGORY W. SHEPA TERRI L. SHEPARD, a TERRI L. MCMILLAN iD and IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ~intiffs N0.07-2082 CIVIL ZD and k/a : ~fsan~~n+o . CERTIFICATION Thomas, Esquire, counsel for the Plaintiffs in this matter, namely D and SUSAN M. WEALAND, hereby certify as follows: e Complaint in this matter was filed on April 13, 2007. GREGORY W. SHEPARD, with a copy of this Complaint 0 or about May 21, 2007, by the Lycoming County Sheriff s Department. A opy of the Sherii~s Retum is attached hereto along with the Affidavit 3. Or~ July 6, 2007, the Defendant, GREGORY W. SHEPARD, was served certified mail with a Notice of Praecipe to Enter Judgment by Default. Notice was received at the Defendant's residence on July 7, 2007. 4. N~ action was taken following service of the Praecipe to Enter Judgment I, R. RICHARD L. WE, 1. 2. by Default and, therefore, a second notice of intent to enter judgment by de cult was served on Defendant, GREGORY W. SHEPARD, by re ar mail, postage prepaid, and addressed to the Defendant. In ad 'lion, the same notice was sent by certified mail by letter dated y 4, 2010, which included the notice of intent to issue judgment by 5. 6. proof of the notice of July 6, 2007, is attached hereto along with a of the letter dated May 4, 2010. GREGORY W. SHEPARD, has failed to respond to the and has failed to respond to the Notices of intent to file by default dated July 6, 2007, and May 4, 2010. DATED: July ,~, 20 ~ 0 R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 ~HERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02082 P COMMONWEALTH OF PE SYLVANIA: COUNTY OF CUMBERLAN WEALAND RICHARD L E'~ AL VS SHEPARD GREGORY W E'If AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the ithin named DEFENDANT to wit: SHEPARD GREGORY W but was unable to to ate Him deputized the sherif of LYCOMING in his bailiwick. He therefore County, Pennsylvania, to serve the within COM LAINT -=QUIET TITLE Un May 21: attached return from Sheriff's Costs: ~~ ~~v ~ 1.1115 oz=ice was in receipt of t LYCOMING Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lycoming Co 22.00 Postage 1.76 0.76 05/21/2007 R MAR THOMAS Sworn and subscribe t before me this day of A.D. So answers ~~ R. Thomas Kline -- Sheriff of Cumberland County . ~. ~n The Court of omn~on Pleas of Cumberland County, Pennsylvania Richard L. Weal nd et al VS. Gregory W. She rd No. 07-2082 civil Now, April 18 , 2007 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheri of Lyccming County to execute this merit, this deputation being made at ~ request and risk of the Plaintiff. _,~ Sheriff of Cumberland County, PA - Affidavit of Service Now, MAY 3 , within COMPLAINT IN A upon GREGORY W. SHEP. at 48 WEST THIRD by handing t0 HIM a TRUE AND ATTE and made known to Sworn and subscribed me this 16 day of _ VYii1I~ 7.6U~tD ~ro ~ ~ ~ comma; ~~~ st 20 07 , at 2:30 o'clock P. M. served the 'ION TO QUIET TITLE :D ', COURT HOUSE, WILLIAMSPORT, PA.. ~NALLY copy of the original COMPLAINT the contents thereof. So answers, Sheriff LYCOMIN Co , PA BY: ;~ vi B. Bernar ie e, uty COSTS SERVICE $ 18.00 20 07 MILEAGE i . 50 AFFIDAVIT 2.50 22.00 PAID 5/7/07 R. MARK THOMAS Attorney at Law 101 South Market Street Mechanicsburg, Pennsylvania 17055-3851 Telephone: (717) July 6, 2007 Gregory W. Shepazd 548 Daughertys Run Williamsport, PA 1 i Dear Mr. Shepard: 100 Telefax: (717) 796-3600 Enclosed is a No ice advising you that since you have failed to file an answer to the complaint, a default udgment will be entered against you if you fail to file an answer within ten (10) days fro the date of this Notice. If you have any If you have any hearing from you, so th close. please feel free to contact me. lea where Terri Shepard is residing, I would greatly appreciate I can serve her with the complaint and bring this matter to a Very truly yours, ~~ I ~i~~2~G' ~~~Llf~~`~ ~~ u'! D" ~ , . t~ 'a •• - N Rl Postage $ -~ 0 certified Fee ~ Retum Receipt Fee O ( oraemeM Required) O Restrkted Delivery Fee ~ (Endorsemem Required) O Total Postage & Fees or ^ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ~ ~ ` ^ Agent ^ Print your name and address on the reverse l ^ Addressee so that we can return the card to you. g, eceived by (Printed Name) C. Date of Deliver, ^ Attach this card to the back of the mailpiece, r g ` or on the front if space permits. J f ' ~ -7 (~ 1. Article ressed to: D. Is delivery address different from item 1 ? ^ Yes ~~~ ~ , ~; / r~~ If YES, enter delivery addn3ss below: ^ No I,C,J(` `1 ~(1. ~l2'r -SW V-~ `~ t l ~~ 3. Service Type - a I iiV// ~ ~ ~~ / ~~ified Mail ~ press Mail . ^ Registered Retum Receipt forMerehandise ^ Insured Mail ^ C.O.D. ~__,__; ,~ 4. Restricted Delivery? (Extra Fee) ^ Y~ ~~~ J 2. Article Number _ - _ _ _ _ _ --__ ~~,.~~~......!!!' (Transfer from service label) 7 a a 6 0 8 h ~ 0 0 D 6 3 8 8 5 1+ 5 9 5 PS Form 381 1, August 2001 Domestic Return Receipt tozsss-0z-M-tos RICHARD L. WEALAND c SUSAN M. WEALAND, husband and wife, v. GREGORY W. SHEPARD TERRI L. SHEPARD, a/k/a TERRI L. MCMILLAN, TO: Gregory W. Shepard 548 Daughertys Run o~ Williamsport, PA 17 O1 DATE OF NOTICE: July 6, 007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2082 CIVIL IMPORTANT NOTICE YOU ARE IN DEFA T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONAL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OB CTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU OUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGH S. YOU SHOULD T THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO R TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH ORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT FORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFO TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PE SONS AT A REDUCED FEE OR NO FEE. ND COUNTY BAR,ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 R. Mark Thomas, Esquire Attorney ID No. 41301 101 South Mazket Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 R. MARK THOMAS Attorney ax Law 101 South Market Street Mechanicsburg, Pennsylvania 17055-3851 Telephone: (717) 79 2100 Gregory W. Shepazd 548 Daughertys Run R ad Williamsport, PA 177 1 Re: Weaiandl v, Shepard No. 07-2 82 Dear Mr. Shepard: You probably re; times in the past, especi~ Enclosed you will find ago, I filed a Complaint Under the notice provisi file a responsive pleadin purpose of this enclosed entered following ten (li Unless you are c Pennsylvania, you need favor of the new purcha you are concerned. The way. This is merely the will be extinguished. May 4, 2010 Telefax: (717) 796-3600 ember this matter since I have tried to contact you numerous .y pursuing my efforts to locate Terri L. Shepard (McMillan). gat is identified as an Important. Notice of default. Two years hick was served upon you by the Lycoming Sheriff s Office. ~s of that complaint, you had twenty (20) days within which to or risk having a default judgment entered against you. The otice is to notify you that default judgment is going to be days after the date of the notice. ming some ownership interest in the property located in Enola, ~t file an answer to the complaint_ Judgment will be entered in s of the property and this will be the end of the matter as far as are no civil penalties that will be imposed against you in any gal manner in which any interest you did have in the property Therefore, if you d nothing following ten (10) days after you receive this notice, I will file a paper with the urt confirming that you aze not fighting this case and judgment will be entered ' favor of the Wealands. If you have any questions, you can either call me at the teleph ne number listed above or you can take this document to an attorney of your choice an have them contact me. I still have not een able to locate Terri.. If you either know where she is or know somebody who may ow where she is, please contact me. . Vim, truly Yo~~ R. Mazk Thomas RMT/jlm Enclosure SENT VIA CERTIFIE MAIL RETURN RECEIPT QUES7 AND REGULAR P. S. I had to send a notice again because I left off your name, address, and date on the May 3, 010, notice. ,~ , , S r~ ~ Postage $ ftl Certified Fee G U ~ 0 Retum Receipt Fee (E oreemerrc Required) _ 3i ` p Delivery Fee (Endorsement Required) m ~ r-l Total Postage & Fees ~ p p Sent o 'saes :apr: ivo -.~~. /~j'... .~- ==--~F N or PO Box No. 5 ~f'Q ~/ yJL ~~io RICHARD L. WEAL D and SUSAN M. WEAL husband and wife, v. GREGORY W. SHEP and TERRI L. SHEPARD, a TERRI L. MCMILLAN, D fendants TO: Gregory W. Shep d 548 Daughertys un Road Williamsport, PA 17701 DATE OF NOTICE: Maly 4, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.07-2082 CIVIL IMPORTANT NOTICE YOU ARE IN DI WRITTEN APPEARAl~ WITH THE COURT YI FORTH AGAINST YOl DATE OF THIS NOTIC WITHOUT A HEARING IMPORTANT RIGHTS YOU SHOULD DO NOT HAVE A LA THE OFFICE SET FC HELP. 1 AULT BECAUSE YOU HAVE FAILED TO ENTER A ~E PRSONALLY OR BY ATTORNEY AND FILE IN WRITING UR DEFENSES OR OBJECTIONS TO THE CLAIMS SET . UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE ~, A JUDGMENT MAY BE ENTERED AGAINST YOU AND YOU MAY LOSE YOUR PROPERTY OR OTHER E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU Et OR CANNOT AFFORD ONE, GO TO OR TELEPHONE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL BERLAND COUNTY BAR ASSOCATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 The Court of Common P Americans With Disabili reasonable accommodati court, please contact our any hearing or business hearing. of Cumberland County is required by law to comply with the Act of 1990. For information about accessible facilities and available to disabled individuals having business before the ce. All arrangements must be made at least 72 hours prior to re the court. You must attend the scheduled conference or RICHARD L. WEALAND and SUSAN M. WEALAND, husband and wife, Plaintiffs V. GREGORY W. SHEPARD and TERRI L. SHEPARD, a/k/a TERRI L. MCMILLAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2082 CIVIL MOTION FOR SERVICE BY PUBLICATION E) N e -n rg r r a? max; C) ?- ' - -n r? C1 -v =9 C5-n -- C-) w c? --jrn an y AND NOW, comes the Plaintiffs, RICHARD L. WEALAND and SUSAN M. WEALAND, husband and wife, by and through their counsel, R. Mark Thomas, Esquire, to file this Motion for a special order directing service by publication upon the Defendants, and in support thereof respectfully represent: 1. At issue in this case is the clean and marketable title of real property located at 487 State Road, West Fairview, Cumberland County, Pennsylvania. (A deed description is attached hereto, incorporated herein, and marked Exhibit "A".) 2. Defendants, GREGORY W. SHEPARD and TERRI L. SHEPARD, husband and wife, signed an Agreement for Purchase of Real Estate, dated August 1, 1997, to purchase the real property known as 487 State Road, West Fairview, Cumberland County, Pennsylvania (a copy of the signed Agreement is attached hereto as Exhibit `B"), and this Agreement was recorded at the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, at Book 553, Page 893. 3. Defendants, GREGORY W. SHEPARD and TERRI L. SHEPARD, breached this Agreement in July 2000 when they stopped making payments and abandoned the property without any notice to Richard B. Knisely and Francis A. Knisely, the Sellers. 4. After several months with no contact from the Defendants, Mr. and Mrs. Knisely retook possession of the property and on July 31, 2003, sold the property to Plaintiffs herein. 5. The Plaintiffs accepted such title as the Kniselys'could give, provided that title would be cleared at the expense of Mr. Knisely. 6. Beginning in 2003, neither GREGORY W. SHEPARD, nor TERRI L. SHEPARD could be located. 7. The initial search for the Defendants showed that they had traveled to Colorado together, then divorced and/or separated and went their separate ways. 8. Defendant, GREGORY W. SHEPARD, was eventually located and served with a copy of the Complaint in Action to Quiet Title on May 3, 2007, by the Lycoming County Sheriff. (A copy of the Return of Service is attached hereto as Exhibit "C".) 9. Defendant, GREGORY W. SHEPARD, failed to respond to the Complaint, and after having been provided with Notice of Default Judgment, and failing to respond thereto, Default Judgment was entered against Defendant, GREGORY W. SHEPARD. 10. The following efforts have been pursued in an attempt to locate Defendant, TERRI L. SHEPARD a/k/a TERRI L. MCMILLAN for the purpose of Service of the Complaint to Quiet Title, but none has been successful: a. On October 13, 2003, counsel for Plaintiffs employed the services of Information Network Associates, Inc. (INA) to search for TERRI L. SHEPARD a/k/a TERRI L. MCMILLAN, but was only able to retrieve a history of her residence addresses, a copy of which is attached hereto as Exhibit "D". b. On October 14, 2003, a letter was mailed to the Defendant's most recent address, 2521 West 4 h Street, Williamsport, Pennsylvania 17701. This letter was returned by the U. S. Postal Authorities marked "moved - unable to forward". (A copy of the letter and envelope returned by the Post Office is attached hereto and marked Exhibit "E".) C. In May 2004, as a result of telephone calls to the Williamsport area, counsel was able to identify a Thomas Holt and Mary Holt, 548 Dougherty Run Road, Williamsport, Pennsylvania, (570) 326-7614, who were supposedly relatives of Defendant, TERRI L. SHEPARD. In fact, Thomas Holt and Mary Holt are the parents of Defendant, GREGORY W. SHEPARD. Mr. and Mrs. Holt claimed that the last they had heard Defendant, TERRI L. SHEPARD, was living at 8838 Colorado Boulevard, Apartment H302, Thornton, Colorado. d. A letter dated May 21, 2004, to Defendant, TERRI L. SHEPARD, addressed to Thornton, Colorado, was returned by the postal authorities. (A copy of the letter and evelope are attached hereto as Exhibit "F".) e. Efforts to locate this Defendant were placed on hold until 2006, when counsel employed the services of another private investigator, retired PSP Trooper Charles F. Kleber. A last known address of 801 North Santa Fe Avenue, Pueblo Colorado (YWCA of Pueblo) was obtained along with a telephone number. The YWCA refused to divulge any information. (A copy of the investigator's report is attached hereto as Exhibit "G".) f. The second investigator identified two (2) individuals who were thought to be relatives of Defendant, TERRI L. SHEPARD, and their names are found on Exhibit "G". g. Letters were sent to both Rod Chubb and Ronald L. Wilson, Jr., requesting their help in finding both Defendants (see letters attached hereto as Exhibit "G". (Attached as Exhibit "H" is a copy of the letter mailed on April 26, 2007.) h. On May 2, 2007, Ronald Wilson responded to advise that he had previously been married to Defendant, TERRI L. SHEPARD, but that was in 1993. He had no knowledge of her whereabouts, but indicated that her parents used to live in Montoursville, Pennsylvania, and she had a brother named Patrick McMullen. i. A telephone call with Rod Chubb revealed that Thomas Holt was married to Mary Holt, who was the mother of Defendant, GREGORY L. SHEPARD. Through the help of Mary Holt, Defendant, GREGORY L. SHEPARD, was eventually located in the Williamsport area which led to Defendant, GREGORY L. SHEPARD, being served with the Complaint. Neither Mary Holt nor Defendant, GREGORY L. SHEPARD, had any knowledge of Defendant, TERRI L. SHEPARD's whereabouts. j. Counsel did learn through conversations with Mary Holt and Defendant, GREGORY L. SHEPARD, that Defendant, TERRI L. SHEPARD, had a longstanding drug abuse history and the last either of them knew, she was living somewhere in Colorado. They had not communicated in over five (5) years despite the fact that Defendant, TERRI L. SHEPARD, had custody of a minor child born to Defendants, GREGORY L. SHEPARD and TERRI L. SHEPARD. k. After being advised that Defendant, TERRI L. SHEPARD's family lived in Montoursville, Pennsylvania, a search of persons with the last name of McMillan and/or McMullen was conducted via the internet, the telephone directory, and other public records. 1. All persons identified with the last name of McMillan and/or McMullen were telephoned by counsel, but either the telephone numbers had been disconnected, or the persons contacted had no knowledge of Defendant, TERRI L. SHEPARD a/k/a TERRI L. McMILLAN. M. During June 2010, counsel contacted Thomas and Mary Holt in Williamsport to find out if they had learned any new information about Defendant, TERRI L. SHEPARD, but they indicated they had not, despite the fact that TERRI L. SHEPARD was the mother of Mary Holt's grandchild. n. On November 22, 2010, counsel was advised by Ronald Wilson that Defendant, TERRI L. SHEPARD's mother was Jacquelyn Agnone of Montoursville, Pennsylvania, telephone number (570) 546-7943. o. While counsel was talking with Jacquelyn Agnone by telephone on November 23, 2010, Ms. Agnone received a call from Defendant, TERRI L. SHEPARD. Defendant, TERRI L. SHEPARD, refused to allow her mother to share any information regarding her whereabouts with counsel although Ms. Agnone did state that Defendant, TERRI L. SHEPARD, was in the State of Georgia. 11. Counsel believes a diligent search has been made to find Defendant, TERRI L. SHEPARD, without success. 12. The real property located at 487 State Road, West Fairview, Cumberland County, Pennsylvania, still has a cloud on its' title due to the recorded Agreement for Purchase of Real Estate. 13. Plaintiffs are seeking to clear this title problem, but have thus far been prevented from doing so due to the unknown whereabouts of Defendant, TERRI L. SHEPARD a/k/a TERRI L. MCMILLAN. WHEREFORE, Plaintiffs pray that this Honorable Court will grant this Motion for Special Order Directing Service by Publication. Respectfully submitted, R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 LEGAL DESCRIPTION ALL those two tracts of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, as shown on a Plan of Property of Fred W. and Nellie I. Shaull dated February 6, 1967 and recorded in Cumberland County Deed Book P, Volume 32, page 1079, bounded and described as follows, to wit:. TRACT NO. 1 BEGINNING at a point or stake on the East Side of State Road, which point is on the division line between the property herein described and property No. 485 State Road; thence North 37 degrees 40 minutes East on and along said division line 18.2 feet to a point; thence on and along said division line and through the partition wall separating property No. 485 and No. 487 State Road North 46 degrees 20 minutes East 56.1 feet to a point; thence on and along said division line North 51 degrees 35 minutes East 111.8 feet to a point or stake on a 14 foot wide alley; thence North 62 degrees 00 minutes West 39.25 feet on and along said alley to pa point or stake on the division line between the property herein described and the property now or late of William M. Worley; thence South 51 degrees 45 minutes West on and along said division line 89.5 feet to a point; thence South on and along said division line 45 degrees 45 minutes West 91.0 feet to a point or stake on the East side of State Road; thence South 57 degrees 45 minutes East on and along the East Side of State road 38.02 feet to a point or stake, the place of BEGINNING. Having thereon erected the western half of a 2 1/2 story frame dwelling house known as number 487 State Road. TRACT NO. 2 BEGINNING at a point or stake on the West side of State Road and across said road from Tract No. 1 above set forth, the point or stake is on the division line between the property herein described and the property now or late of William M. Worley; thence South 54 degrees 45 minutes West on and along said division line 200 feet to the Conodoguinet Creek; thence in a Southeastwardly direction along said Creek 29.62 feet to a point or stake on the division line between the property herein described and the property now or late of Charles Shay and wife; thence North 54 degrees 45 minutes East on and along said division line 200 feet to a point or stake on the West Side of State road; thence North 57 degrees 45 minutes West along the West Side of State Road 29.62 feet to a point, the place of BEGINNING. Having thereon a Cesspool used in common by several properties on State Road. r ? f `t" Y AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT, made this /5-t day of , 4VL:j-1- 1997, by and between RICHARD B. KNISELY and FRANCES A. KNISELY, 100 Center Street, Enola, Pennsylvania husband and wife, hereinafter referred to as "Sellers"; and GREGORY W. SHEPARD and TERRI L. SHEPARD, husband and wife, 487 State street, West Fairview, Pennsylvania hereinafter referred to as "Buyers". W I T N E S S E T H: WHEREAS] Sellers are the owners of real estate improved with a single-family dwelling situate at 487 State Road, West Fairview, Pennsylvania; and WHEREAS, Sellers desire to sell and Buyers desire to purchase said real estate under the terms and conditions hereinafter set forth. NOW THEREFORE, intending to be legally bound hereby, the parties agree as follows: 1. REAL ESTATE - If the Buyers shall first make the payments and perform the covenants hereinafter mentioned on their part to be made and performed, the sellers hereby covenant and agree by good and sufficient deed of special warranty to convey and assure to Buyers, who hereby agree to purchase in fee simple, clear of all x encumbrances, said real estate known and numbered as 487 State Road; West Fairview, Cumberland County, Pennsylvania, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference. 2. CONSIDERATION - As the purchase price of said real estate, the Buyers hereby covenant and agree to pay to Sellers the sum of SIXTY-NINE THOUSAND NINE HUNDRED ($69,900.00) DOLLARS, plus interest, in the following manner: A) The sum of THREE THOUSAND FIVE HUNDRED ($3,500.00) DOLLARS, cash in hand at or before the time of signing of this Agreement. B) The sum of, SIXTY-SIX THOUSAND FOUR HUNDRED ($66,400.00) DOLLARS payable on or before August 1, 2000. As payment towards that balance, the Buyers shall pay the sum of FIVE HUNDRED FIFTY-FIVE DOLLARS AND FORTY CENTS ($555.40) per month, as payment for principal and interest each and every month beginning September 1, 1997 and continuing through August 1, 2000 when the loan balloons and the final payment is due and owing. The balance shall carry an annual interest rate of 8%. Buyers may prepay the balance at any time without penalty. 3. PAYMENTS - Payments should be made payable to and mailed to Sellers at 100 Center Street, Enola, Pennsylvania 17025. 4. TAXES - Buyers agree to pay for all real estate taxes includingi but not limited to, school taxes that are currently assessed as well as county and borough taxes that will be assessed in March 1998. In order to pay these taxes, an escrow account will be established with Sellers so that an additional amount shall be paid each month to provide sufficient funds for 2 Sellers to pay the taxes when they are due. During the term of this Agreement, that amount shall be fixed at $45.60 per month. Any necessary adjustments in this account will be made at the time of final settlement and transfer of deed. 5. UTILITIES AND ASSESSMENTS - The Buyers will pay all sewer and refuse removal charges. All assessments from municipalities or improvements completed after this date shall be paid by Buyers. 6. TRANSFER TAXES - Realty Transfer Taxes shall be divided equally between the parties at time of transfer of the deed. 7. MUNICIPAL CLAIMS - No municipal or other governmental improvements affecting the premises are, as of the date hereof, in the course of construction or installation and, to the best of the Sellers' knowledge, no improvements have been ordered. No notice from any governmental authority has been issued or served upon the premises or any occupant thereof or upon the Sellers prior to the signing of this Agreement calling attention to any violation of any building, fire, safety, or other ordinance or requiring or calling attention to the need for any curbing, recurbing, paving, repaving or other construction of improvements on or about the premises, or removal of any nuisance therefrom. 8. POSSESSION - Possession of said real estate shall be given to the Buyers upon execution of this Agreement, and shall continue as long as the Buyers shall punctually pay the agreed installments toward the purchase price, as above provided, and shall comply with all other terms and conditions of this Agreement; but the title and 3 I I ownership of said real estate shall remain in the Sellers or their heirs and assigns, and no right, title or interest in said real estate, either legal or equitable, shall pass by virtue of this Agreement until such purchase price shall have been fully complied with. 9. RISK - As a part of the consideration, Buyers expressly assume all risk and responsibility for any accident, injury or damage to persons or property as to themselves or others, in or about said premises and agree to hold Sellers harmless from all liability therefrom. 10. INSURANCE - The Buyers shall cause to be insured with a reputable insurance company the building now on the property, or such other buildings or improvements as may be placed thereon, against fire, lightning, vandalism, or other insurable damage, in the amount of SIXTY-NINE THOUSAND NINE HUNDRED ($69,900.00) DOLLARS. Buyers shall cause the Sellers' names to appear as additionally insured on said policy. In the event of a loss and recovery under insurance, Buyers agree to repair or replace that which has been damaged or to consult with Sellers relative to the disposition of any funds received from insurance. Buyers shall provide Sellers annual proof of payment of such insurance. 4 11. MAINTENANCE OF PROPERTY - The Buyers shall use said premises well and keep same in good repair, including mowing the lawn, at the expense of the Buyers, and shall not commit waste thereon. In the event of any breach and re-entry of the Sellers, the Buyers shall deliver up premises to-the Sellers in as good condition as same are now in or may be put in, ordinary wear and tear and acts of God excepted. -The Buyers shall at all times use and maintain said premises in accordance with the laws, ordinances and regulations of the United States, State of Pennsylvania, Borough of West Fairview, County of Cumberland. Buyers shall not renovate, remodel or alter any building or improvement now or hereafter situate on the property without first giving written notice and getting Sellers' approval in writing for such action. Sellers hereby agree that such approval will not be unreasonably withheld. The Sellers shall have the right at any reasonable time to enter upon and in said premises for the purpose of inspecting same upon reasonable notice to Buyers. 12. CONDITION OF PREMISES - Buyers accept the property in its current "as is condition". There are no representations or guarantees as to the condition of the dwelling or any systems contained therein. 13. ENCUMBRANCES AND MECHANIC'S LIENS - The Buyers shall not and will not suffer or permit any mechanic's liens or other liens to be attached to or against the property aforesaidt which shall or may be superior to the rights of the Sellers. Each and every 5 i } contract for repairs and improvements on the premises, or any part thereof, shall contain an express, full and complete waiver and release of any and all liens or claims or right of lien against the property herein agreed to be conveyed, and no contract or agreement, oral or written, shall or will be executed by the Buyers for repairs or improvements upon the property aforesaid except the same contain such express waiver or release of lien upon the part of the party contracting, and a part of each and every contract and of the plans and specifications for such repairs and improvements shall and will be promptly delivered to and may be retained by the Sellers. 14. TIME OF ESSENCE - It is mutually agreed that time of payment shall be of the essence in this Agreement; that all of the covenants and agreements herein contained shall extend to and be obligatory upon the heirs, executors, administrators, successors and assigns of the respective parties, and that there are no representations respecting said real estate, building, fixtures, equipment or sale thereof, except as contained in this Agreement. If payments are not received by Sellers within five (5) days of the date that they are due, then Buyers shall pay a 10% late charge. Failure to pay the late charge shall constitute default under this agreement. 15. DEFAULT - If an installment payment shall be delinquent for a period of THIRTY (30) days after the payment is due, the Buyers shall be considered to be in default under the terms of this 6 ( T Agreement. If any taxes, assessments or insurance premiums shall not be paid when they are due, or if the Buyers shall fail to observe or perform any other conditions or terms of this Agreement, this Agreement shall also be considered to be in default. In the event of default by Buyers, Sellers may, at their option, declare the unpaid balance of the purchase price immediately due and payable, or elect to retake possession of the premises; in which case, the amount already paid shall be considered to be liquidated damages and not a penalty. In the latter event, all rights and privileges of the Buyers shall cease and terminate and the Buyers shall have no further right, title, interest or claim of any kind or character in or to the real estate, building, fixtures, equipment and business described therein, or the legal or equitable title thereto, or any of the benefits provided under the terms of this Agreement. Failure or delay of the Sellers to execute any option hereunder at the time of any default, shall not operate as a waiver of the right of the Sellers to exercise such option for the same or any subsequent default at any time. 16. LITIGATION - Should any litigation be commenced between the parties hereto concerning the business or real estate, this Agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled to, in addition to such other relief that may be granted, a reasonable sum as and for their attorney's fees which shall be determined by the 7 + 7 court in such litigation or in a separate action brought for that purpose. 17. NOTICE - Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party hereto, Buyers or Sellers, by the other party, shall be deemed duly served and given when personally delivered to any of the parties to whom it is directed or, in lieu of such personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Buyers at 487 State Street, West Fairview, Pennsylvania 17025; or to Sellers at 100 Center Street, Enola, Pennsylvania 17025. Each party may change their address for purposes of this section by giving written notice of such change to the other party in the manner provided for in this section. 18. MODIFICATION - No modification of this Agreement shall be binding upon the parties hereto unless the same shall be in writing and duly executed by the Buyers and Sellers. 19. ENTIRE AGREEMENT - This Agreement sets forth the entire understanding of the parties and may not be changed except by written agreement of the parties. 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the day andyear first above written. f RPCHARD R. KNIS Y, Se 'FRANCES A. KNIS Y, Selle-k GREGORY/ W. SHEPARD, Buyer TERRI L. SHEP , Buyer 9 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this /5'r day of /7.( , 1997, before me, a Notary Public, personally appeared`RicS hard R. Knisely and Frances A. Knisely, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires June 22, 2000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this / St day of 4--,?-t , 1997, before me, a Notary Public, personally appeared'GregorY W. Shepard and Terri L. Shepard, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A DUI? ))j - Notary Public Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires June 22, 2000 10 SHERIFF'S RETLRN - OUP. OF COUNTY CASE NO: 2007-02082 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEALAND RICHARD L ET AL VS SHEPARD GREGORY W ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit. SHEPARD GREGORY W but was unable to locate Him deputized the sheriff of LYCOMING in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT =QUIET TITLE On May 21st , 2007 this office was in receipt of the attached return from LYCOMING Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 " Surcharge 10.00 R.rThomas Kline Dep Lycoming Co 22.00 Sheriff of Cumberland County Postage 1.76 05/21/2007 R MARK THOMAS Sworn and subscribe to before me this day of A.D. X ? 1?3 C? ? cC t (_ In The Court of Common Pleas of Cumberland. County, Pennsylvania Richard L. Wealand et al vs. Gregory W. Shepard Sheriff of Cumberland County, PA Now, April 18, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lycoming County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Now, -- MAY 3, Affidavit of Service 20 07 , at 2: 30 o'clock 'P - M. served the within COMPLAINT IN ACTION TO QUIET TITLE Upon GREGORY W. SHEPARD. at 48 WEST THIRD STREET, COURT HOUSE WILLIAMSPORT PA by handing to HIM PERSONALLY a TRUE AND ATTESTED - copy of the original COMPLAINT and made known to HIM Sworn and subscribed before me this 16 day of - MAY, , 20 07 WMIM. I BURR P!' ftrlotary & Cl&-k of COUM3 Wifflan, sport, Rv Coma. exN? 14.2008 So answers, No. 07-2082 civil the contents thereof. Sheriff LYCOMIN Co , PA BY : COSTS vi B. Bernar ie e, uty SERVICE 18.00 MILEAGE 1.50 AFFIDAVIT 2.50 22.00 PAID 5/7/07 1 I P.O. Box 60515 Harrisburg, PA 17106-0515 (717) 599-5505 (800) 443-0824 Fax (717) 599-5507 October 14, 2003 Mr. R. Mark Thomas, Esq. 101 South Market St. Mechanicsburg, PA 17055 Re: Greg & Terri Shepard Dear Mr. Thomas: Attached herewith to this report are address history reports for the above-captioned individuals that Information Network Associates, Inc. ("INA") has established on your behalf, pursuant to your facsimile request dated October 13, 2003. If you have any questions concerning this report or the attached documents, or if additional investigation is required, please call me. Thank you for using INA to help fulfill your information and investigative requirements. Very truly yours, Information Network Associates, Inc. By: a4 "?, - zt? - Daniel . Ryan,-C?IA DPR:wl Attachments j X 4 /8 (T J( P i( Address History Report Terri L. Shepard AKA Terri L. McMullen AKA Terri L. Wilson AKA Terri L. Clayton AKA Terri McMillan DOB: 07/14/64 SSN: 171-48-9415 Address Date Reported 1) 2521 W 4th St. 09/03 Williamsport, PA 17701 2) RR # 5 02/03 Muncy, PA 17756 3) 420 Market St. 10/00 Lemoyne, PA 17043 4) 1249 Towncrest Rd. 10/00 Williamsport, PA 17701 5) 487 State St. 05/99 Enola, PA 17025 6) 4711 Ogeechee Rd. 01/95 Lot #133 Savannah, GA 31405 7) 1551 Scott St. 03/94 Williamsport, PA 17701 8) 516 Allen St. 05/93 Apt. #1 Montoursville, PA 17754 9) P. 0. Box A 01/92 Muncy, PA 17756 10) 109 Arch St. 12/90 Williamsport, PA 17701 11) RR 2, Box 136 02/88 Montgomery, PA 17752 12) 5008 Ogeechee Rd. 04/86 Savannah, GA 31405 R. MARK THOMAS Attorney at Law 101 South Market Street Mechanicsburg, Pennsylvania 17055-3851 Telefax: (717) 796-3600 October 14, 2003 Terri L. (Shepard) McMillan 2521 W. Fourth Street Williamsport, PA 17701 RE: 487 State Road West Fairview, Pennsylvania Dear Terri: Telephone: (717) 796-2100 I helped you and your former husband, Gregory Shepard, purchase a property from Richard and Frances Knisely on August 1, 1997. The property was located 487 State Road, West Fairview, Pennsylvania. The Agreement of Sale was an installment purchase agreement which enabled you and Gregory to purchase this property from Mr. and Mrs. Knisely by making monthly payments. I understand from Mr. Knisely that you and Mr. Shepard abandoned the property some time ago and have not continued to make the monthly payments as set forth in the agreement. Under the terms of the agreement the property reverted back to Mr. and Mrs. Knisely. Mr. and Mrs. Knisely have resold the property, but in order for the new purchasers to have free and clear title to the property I need you and Gregory to sign a Quit Claim Deed relinquishing any right, title or interest that you may have had in the property as per the written agreement dated August 1, 1997. Mr. and Mrs. Knisely have stated that they do not wish to pursue any claims against either you or Gregory Shephard, but rather would merely like to ability to transfer a clean title to this property. I have enclosed a Quit Claim Deed which has been prepared for your signature. Would you please take this Quit Claim Deed to a notary where your signature can be notarized and then return the Quit Claim Deed to me in the enclosed self-addressed, stamped envelope. FY W (8 IT You may have questions about whether or not to sign the Quit Claim Deed. You may contact me at they above number, or you certainly have the right to discuss this with an attorney of your choosing. By signing the deed you are merely reducing to writing what has already happened, but you are enabling me to record the deed at the courthouse which will clear up any title issues for the current purchasers and any future purchasers of this property. Very truly yours, I. R. Mark Thomas RMT/ac Encl r.1 C9 N Cn ?r' ° 0 CD Uy .1 J p N 3d ?` rn l fitzrn ?y+ -'P c? -? Q o z N MO ?- rnVP rn u p 73 D? r U ? r r a a w O I 0 cr t t 4 R. MARK THOMAS Attorney at Law 101 South Market Street Mechanicsburg, Pennsylvania 17055-3851 Telefax: (717) 796-3600 May 21, 2004 Terri Shepard 8838 Colorado Blvd. Apt. H 302 Thornton, CO 80229 RE: 487 State Rd., Enola, PA Dear Terri: Telephone: (717) 796-2100 Enclosed please find a Quit Claim Deed which has been prepared by me for your signature. Please sign this Quit Claim Deed in the presence of a notary so that your signature can be notarized. Once you have signed the Quit Claim Deed and it has been notarized please return it to me in the enclosed self-addressed stamped envelope. This Quit Claim Deed needs to be signed by you so that Mr. Knisely can convey a clear and marketable title to the individuals who have purchased the above captioned property. If you have any questions please contact me at your convenience. Very truly yours, R. Mark Thomas RMT/ac c-x H io rF ?l r,' I z CD ..a n Cn O N a- CD x C N `? CD O -- r Dcn 0N i CD J CCD (r "t! (? 1 Ps 1 `co ryw? M .?1 W _ Cl) 0 ? O -0 O a Q- N CNO .. r R?iw 1 a 3 Oct 23 06 10:03p s ? Charles F. Kleber Private Investigation 45 Kermis Court Dover, PA 17315 - 2015 E-mail: ckleber@att.net Directed to: Mark R. Thomas, Esquire 101 South Market Street Mechanicsburg, PA Re: Terri Shepard Date: October 23, 2006 Mark: Terri Shepard uses the following other names: Terri McMullen; Terri Clayton; Terry Wilson; Terry Shepherd & Terri Sheppard. According to my record searches her last known address was 801 North Santa Fe Ave., Pueblo, CO. (719) 542-6904 (Note: YWCA of Pueblo) I found her brother Ronald L. Wilson 130 South Broad Street, Hughesville, PA 17737- 1305 (570) 584-2452 (Unlisted No.) I also found a second relative Rod Chubb, 795 Moore Ave., Williamsport, PA 17701- 5614 (570) 329-5667 p.3 R. MARK THOMAS Attorney at Law 101 South Market Street Mechanicsburg, Pennsylvania 17055-3851 Telephone: (717) 796-2100 April 26, 2007 Rod Chubb 795 Moore Avenue Williamsport, PA 17701-5614 Telefax: (717) 796-3600 Re: Terri L. Shepard a/k/a Terri L. McMillan; Terri L. Wilson Dear Mr. Chubb: Please be advised that I am an attorney and my practice is located in Cumberland County, Pennsylvania. I prepared an agreement in 1997 in which Terri Shepard and her then husband, Gregory Shepard, signed a real estate purchase agreement. After signing the agreement and moving into the property, they continued to live there for a few years and then abandoned the property. Since that time, I have not been able to locate them. Under the terms of the agreement, the abandonment of the property and the failure to continue to make payments was a default of the agreement which enabled the owners to recover the real estate. Due to the recording of the real estate purchase agreement at the Cumberland County Courthouse, there is a cloud on the title. I am attempting to remove that cloud by having Terri and Gregory acknowledge that they no longer have any right, title or interest in this property. Unfortunately, I have not been able to locate either Terri or Gregory to have them sign the necessary paperwork. I hired a private investigator to try and locate each of them and was ultimately provided with your name as a relative of Terri's. I am hopeful that you know where Terri is living and can contact her, so she can contact me, and I can resolve this matter. This case does not involve a suit against Terri or damages and it does not involve any criminal wrongdoing. It is merely a matter of trying to clear the cloud on the title of this particular property. -2- Please let me know if you have any information as to how I can make contact with Terri. Thank you in advance for your cooperation. Very truly yours, 6? R. Mark Thomas RMT/jlm R. MARK THOMAS Attorney at Law 101 South Market Street Mechanicsburg, Pennsylvania 17055-3851 Telephone: (717) 796-2100 Telefax: (717) 796-3600 April 26, 2007 5_7a _ ?-f y-aL/ s;)- Ronald L. Wilson i :)? 130 South Broad Street Hughesville, PA 17737-1305 Re: Terri L. Shepard a/k/a Terri L. McMillan; Terri L. Wilson I ' ` Dear Mr. Wilson: Please be advised that I am an attorney and my practice is located in Cumberland County, Pennsylvania. I prepared an agreement in 1997 in which Terri Shepard and her then husband, Gregory Shepard, signed a real estate purchase agreement. After signing the agreement and moving into the property, they continued to live there for a few years and then abandoned the property. Since that time, I have not been able to locate them. Under the terms of the agreement, the abandonment of the property and the failure to continue to make payments was a default of the agreement which enabled the owners to recover the real estate. Due to the recording of the real estate purchase agreement at the Cumberland County Courthouse, there is a cloud on the title. I am attempting to remove that cloud by having Terri and Gregory acknowledge that they no longer have any right, title or interest in this property. Unfortunately, I have not been able to locate either Terri or Gregory to have them sign the necessary paperwork. I hired a private investigator to try and locate each of them and was ultimately provided with your name as a relative of Terri's. I am hopeful that you know where Terri is living and can contact her, so she can contact me, and I can resolve this matter. This case does not involve a suit against Terri or damages and it does not involve any criminal wrongdoing. It is merely a matter of trying to clear the cloud on the title of this particular property. C -2- Please let me know if you have any information as to how I can make contact with Terri. Thank you in advance for your cooperation. Very truly yours, ? 611a R. Mark Thomas RMT/jlm vs 6?mm W. A,owdow 1 ie?i ? • ? a/k?it In the Court of Common Pleas of Cumberland County, Pennsylvania No. 07• o?DWZ Civil Term PRAECIPE w/V *? s 74 =c C.0 cn CO David D. Buell, Prothonotary Attorn In s. . i 2 7% -0? A-V 20 Attorney for Plaintiff U ?Io 3030 C3 ern ;:o© 4° n z? 3homgI ?t RICHARD L. WEALAND and SUSAN M. WEALAND, husband and wife, Plaintiffs V. DEC ;. 2 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2082 CIVIL GREGORY W. SHEPARD and c p TERRI L. SHEPARD, a/k/a -b.r d 2.; --A TERRI L. MCMILLAN, ? m cri r" rn Defendants n C`' ?rn 46 D o o „? ° -° " ORDER' r`'' - ? C:) AND NOW, this day of , 2010, upon consideration of Plaintiffs' Motion for Service by Publication, the Court being satisfied that Plaintiffs have made a good faith effort to locate Defendant, TERRI L. SHEPARD a/k/a TERRI L. MCMILLAN, and that Plaintiffs' efforts have been unsuccessful. Therefore, the Court hereby grants Plaintiffs' Motion for Service by Publication in compliance with Pa. R.C.P., Rule 430. By the Court, DISTRIBUTION: ?R. Mark Thomas, Esquire y MA t t£G? Richard L Wealand and Susan M Wealand vs Gregory W. Shepard and Tern L Shepard, a/k/a Terri L. McMillan In the Court of Common Pleas of Cumberland County, Pennsylvania No. 07-2082 Civil Term PRAECIPE To the Prothonotary: Kindly reinstate this complaint so that service can be made. David D. Buell, Prothonotary Attorney Info: R. MARK THOMAS, ESQUIRE 101 S. MARKET STREET MECHANICSBURG, PA 17055 717-796-2100- PHONE C') Cr o M =r --s 0-M rn :MCD CD --4 C-S 3: =Z4 20 Attorney for Plaintiff 717-796-3600- FAX .? l1 -7 S'od 001 e? ?r$ ,??fi a7/2 P2 v RICHARD L. WEALAND and IN THE COURT OF COMMON PLEAS SUSAN M. WEALAND CUMBERLAND COUNTY, PENNSYLVANIA Husband and wife, Plaintiffs NO. 07-2082 CIVIL V. GREGORY W. SHEPARD and TERRI L. SHEPARD, a/k/a TERRI L. MCMILLAN, Defendants ORDER AND NOW, this day of 2012, it is hereby ORDERED that either defendant Gregory W. Shepard, or defendant Terri L. Shepard a/k/a Terri L. McMillan, or both, shall bring an action in ejectment against the Plaintiffs within thirty (30) days from entry of this order, or within thirty (30) days following completed Notice by Publication of this Order, which is issued pursuant to Pa P.C.P. 1066 (b) (1), or be forever barred from asserting a claim or interest in or to the following real property or any part thereof, Further, this Order shall be served on defendant Terri L. Shepard a/k/a Terri L. McMillan by Publication in accordance with Pa. R.C.P., Rule 430(b)(1). TRACT NO.1 BEGINNING at a point or stake on the East Side of State Road, which point is on the division line between the property herein described and property No. 485 State Road; thence North 37 degrees 40 minutes East on and along said division line 18.2 feet to a point; thence on and along said division line and through the partition wall separating property No. 485 and No. 487 State Road North 46 degrees 20 minutes East 56.1 feet to a point; thence on and along said division line North 51 degrees 35 minutes East 111.8 feet to a point or stake on a 14 foot wide alley; thence North 62 degrees 00 minutes West 39.25 feet on and along said alley to pa point or stake on the division line between the property herein described and the property now or late of William M. Worley; thence South 51 degrees 45 minutes West on and along said division line 89.5 feet to a point; thence South on and along said division line 45 degrees 45 minutes West 91.0 feet to a point or stake on the East side of State Road; thence South 57 degrees 45 minutes East on and along the East Side of State road 38.02 feet to a point or stake, the place of BEGINNING. f Having thereon erected the western half of a 2 '/z story frame dwelling house known as number 487 State Road. TRACT NO.2 BEGINNING at a point or stake on the West side of State Road and across said ad from Tract No. 1 above set forth, the point or stake is on the division line between the property thence South 54 degrees 45 . Worley; herein described and the property now or late o vfeet to the Conodoguinet Creek; thence in a minutes West on and along said division line 200 the ion line Southeastwardly direction along said Creek 29.62 feet t nj point or late taCharles Shay divisand wife; between the property herein described and the property thence North 54 degrees 45 minutes East on and along said division line 200 feet to a point or North 57 degrees 45 minutes West along the West stake on the West Side of State road; thence Side of State Road 29.62 feet to a point, the place of BEGINNING By the Court: J. iti '? y'47 S3 DISTRIBUTION: Esquire rk Thomas M ? R C=, , a . Jed u r a