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HomeMy WebLinkAbout08-00440 C. THOMAS PARKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. o ?? 6 4/ Gyvr ?-elr? V. • QUIET TITLE OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with 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 a claimed in money complaint or for any other rights other mportant to relief requested by the plaintiff. You may lose Y or property or you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C FIOND OUTOWHERE?YO TO N OR TELEPHONE THE GET LEGAL HELP. OFFICE SET FORTH BELOW T IF YOU CANNOT AFFORD ABOUT AGENCIES THAT MAY OBFERBLE TO PROVIDE YOU WITH INFORMATION LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 C. THOMAS PARKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. q Gf ?? 4 c?n- v. CIVIL ACTION - QUIET TITLE OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants COMPLAINT - ACTION TO QUIET TITLE NOW, comes the Plaintiff in the above-captioned matter by and through its counsel, SALZMANN HUGHES, P.C., and files this Complaint in an Action to Quiet Title against the above-designated Defendants, and in support thereof sets forth the following: 1. Plaintiff, C. Thomas Parker is an adult individual residing at 824 N. College Street, Borough of Carlisle, Cumberland County, Pennsylvania. 2. The Defendants to this action are the owners of property within the Carlisle Land & Improvement Company's subdivision located in the Borough of Carlisle as shown on the plan recorded in the office of the Cumberland County Recorder of Deeds at Miscellaneous Book 11, Page 572, and attached hereto as Exhibit A. 3. The property subject to this Action in Quiet Title is a sixteen foot (16') wide unopened alley located between properties owned by Plaintiff known as 824 N. College Street and 830 Ash Avenue and property owned by Daniel J. Miller and Kelly L. Miller known as 816 N. College Street in the Borough of Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as the "Unopened Alley"). 4. The Unopened Alley is depicted between Lot 6 and Lot 7 in Block 24 as shown on the recorded plan attached hereto as Exhibit A, and more particularly described as follows: ALL THAT CERTAIN tract or lot of ground situated in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western curb line of North College Street at the southeastern corner of lands of C. Thomas Parker, now known and numbered as 824 North College Street, which point is at the northeastern corner of the unopened alley; thence in a southern direction across said unopened alley, 16 feet more or less, to a point at the northeastern corner of lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street; thence along lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street, in a western direction to the eastern right-of-way line of Ash Avenue; thence by Ash Avenue, in a northern direction 16 feet, more or less, to the southwestern corner of land of C. Thomas Parker, known as 830 Ash Avenue; thence along lands of C. Thomas Parker known as 830 Ash Avenue and 824 North College Street, in a eastern direction to the western curb line of North College Street, the place of BEGINNING. 4. The Unopened Alley has been used and maintained exclusively by C. Thomas Parker since approximately 1967 and has not been used by the public for either pedestrian or vehicular traffic since at least 1967. At the intersection of North College Street and the Unopened Alley, the Unopened Alley has an approximate six-foot (6') high embankment, which is not passable as seen on the photographs attached hereto as Exhibit B. 6 Daniel J. Miller and Kelly L. Miller, owners of 816 North College Street have released any and all rights they may have in the Unopened Alley as seen in the release attached hereto as Exhibit C. 7. On June 14, 2007, the Borough of Carlisle enacted ordinance No. 2074 vacating the Unopened Alley, a certified copy of which is attached hereto as Exhibit D. 8. Following the vacating of the Unopened Alley by the Borough of Carlisle, Daniel J. Miller and Kelly L. Miller transferred their interest to the centerline of the Unopened Alley to Plaintiff by virtue of the deed dated November 9, 2007 and recorded in the Office of the Cumberland County Recorder of Deeds with Instrument number 200745736 attached hereto as Exhibit E. 9. To the best of Plaintiffs knowledge and belief, no one has ever made a claim for possession of or for title to the Unopened Alley herein described, nor has any action of ejectment or other proceeding ever been instituted to obtain possession. 10. Although Plaintiff is the record owner of the Unopened Alley, there is the possibility that an owner of property within the Carlisle Land & Improvement Company subdivision may assert a claim of implied easement in the Unopened Alley that may constitute a cloud upon the marketability of the title of Plaintiff. WHEREFORE, Plaintiff prays that a decree be entered forever barring the Defendants and their heirs, personal representatives and assigns, from asserting any right, title or interest in or to the Unopened Alley unless within twenty (20) days from the date of the service of the .Complaint, the Defendants or their heirs, personal representatives or assigns commence an action in ejectment. Respectfully submitted, SALZMANN HUGHES, P.C By: Susann B. orrison Supreme Court No. 77041 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff Date: 3 VERIFICATION The foregoing document is based upon information that has been gathered by my counsel and myself in preparation for this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. C. T omas Parker, Plaintiff Date: / ; - li d' i EXHIBIT A i hXHZBIT B In. 5. S .y W Y. u l °' a ?CA 100? !rAY 15 A(?l f3 58 RELEASE OF RIGHTS THIS RELEASE OF RIGHTS is made and executed on this the !o day of ApRlt , 2007 by DANIEL J. MILLER and KELLY L. MILLER, husband and wife, of 816 N. College Street, Carlisle Borough, Cumberland County, Pennsylvania (Collectively referred to as the "Millers"); and C. THOMAS PARKER, of 824 N. College Street, Carlisle Borough, Cumberland County, Pennsylvania (Hereinafter referred to as Parker); WHEREAS, the Millers own certain real estate known as 816 North College Street and more particularly described in the Deed dated November 8, 1993 and recorded in the Office of Recorder of Deeds for Cumberland County in Record Book Q, Volume 36, Page 78. (Hereinafter referred to as the "Miller Property"); WHEREAS, Parker owns certain real estate known as 824 North College Street and more particularly described in the Deed dated May 15, 1967 and recorded in the Office of Recorder of Deeds for Cumberland County in Record Book I, Volume 22, Page 586; WHEREAS, Parker also owns certain real estate known as 830 Ash Avenue and more particularly described in the Deed dated December 11, 1978 and recorded in the Office of Recorder of Deeds for Cumberland County in Record Book E, Volume 28, Page 918. (Collectively known as the "Parker Properties" along with 824 North College Street); WHEREAS, the Miller Property and the Parker Properties abut an unopened sixteen foot (16') alley that extends from North College Street to Ash Avenue between Lots 6 and 7 in Block 24 of the. Plan of Lots of the Carlisle Land and Improvement Company as recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Record Book No. 11, page 573, a copy of the pertinent portion is attached hereto and incorporated herein as Exhibit "A"; WHEREAS, the Miller Property (lot 7 in Block 24 on Exhibit "A") and the Parker Properties (together constituting Lot 6 in Block 24 on Exhibit "A") are the only properties abutting the unopened sixteen foot (16') alley that extends from North College Street to Ash Avenue in Block 24 of the plan attached hereto as Exhibit "A." WHEREAS, the alley has never been opened and never been used by anyone other than Parker; WHEREAS, the Millers agree and desire to release, abandon, extinguish, discharge and terminate in favor of Parker any and all rights they may have in the sixteen foot (16') alley adjacent to the Miller Property that extends from North College Street to Ash Avenue in Block 24 of the plan attached hereto as Exhibit "A"; OX0736h4307 MUM C NOW, THEREFORE, in consideration of One Dollar ($1.00) as well as the promises and the mutual benefits recited herein together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties for themselves, their assigns, heirs and successors, hereby agree as follows: 1. The Millers unconditionally and irrevocably release, abandon, extinguish, discharge and terminate in favor of Parker any and all rights to the unopened sixteen foot (16') alley that extends from North College Street to Ash Avenue in Block 24 of the Plan of Lots of the Carlisle Land and Improvement Company as recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Record Book No. 11, page 573, and attached hereto as Exhibit "A", said unopened alley being adjacent to the Millers' property known and numbered as 816 North College Street and more particularly described in the Deed dated November 8, 1993 and recorded in the Office of Recorder of Deeds for Cumberland County in Record Book Q, Volume 36, Page 78; 2. This agreement shall inure to the benefit of and shall be binding upon all parties hereto and upon their respective successors, heirs and assigns. 3. The parties agree to execute promptly any and all other documents that may be necessary to effectuate the terms of this Agreement. 4. The recitals above are incorporated herein by reference thereto and made part of this Agreement. 5. This Agreement shall be interpreted and governed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereunto sets their hands and seals the day and year first above written. &Udf? a &(SEAL) DANIEL J. ER i; I /M111 (SEAL) KELL L. MILLER ? - 0""17 (SEAL) C. TH MAS P R BK0736PG43 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the _j() day of r , 2007, before me, the undersigned officer, personally appeared DANIEL J. MILLER AND KELLY L. MILLER, 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. '-Aa %; I II tk-, Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kandy L Coyle. Notary Pt"IC South Middleton Twp., Curr berland County My Coffniselon Expires July 6, 2010 Member, Pennsylvania Assoclatlon of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, theL day of 2007, before me, the undersigned officer, personally appeared C. THOMAS PARKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. * cLndkj ?c ?- Notary Public Noladel Seal Kandy L Coyle, Nary Pd* South Middleton TwP., Cumberland 1 My Con"jselon Expires July 6, 2 Member, Pennsylvania Assoolatlon of, itlik-' , i fy this to he recorded 1 I= timberland County PA o Recorder of Deeds BKO73bPG4309 n = , tv r' ` li '1411 a m t, I c? ORDINANCE NO. 2074 AN ORDINANCE VACATING A PORTION OF AN UNNAMED AVENUE IN THE BLOCK BOUNDED SOUTHERLY BY D STREET AND NORTHERLY BY E STREET, MORE PARTICULARLY BEING BETWEEN PREMISES NUMBERED 816 NORTH COLLEGE STREET AND PREMISES NUMBERED 824 NORTH COLLEGE STREET, AND WHICH EXTENDS IN A WESTERLY DIRECTION FROM NORTH COLLEGE STREET TO ASH AVENUE WITHIN THE BOROUGH OF CARLISLE. WHEREAS, upon petition of any person or persons constituting a majority in numbe and interest of the owners of the real estate abutting upon any street or portion thereof, Section: 1741 and 1742 of the Pennsylvania Borough Code authorize any borough, by ordinance, tc vacate or close any street or portion thereof previously opened or laid out, providing that no sucl. street or portion thereof which provides the sole means of access to any lot or tract of land shall be vacated without the consent of those to whom access would be denied; and WHEREAS, that portion of the unnamed avenue to be vacated hereby has been laid out but not opened, and has not been used for a public street; and WHEREAS, C. Thomas Parker, and Daniel J. Miller and Kelly L. Miller, husband and wife, are the owners of all of the property bounded by the portion of the unnamed avenue proposed to be vacated; and WHEREAS, the portion of the unnamed avenue proposed to be vacated is not reasonably necessary to provide access to any property; and WHEREAS, following public hearing at its duly advertised regular meeting on June 14, 2007, Borough Council determined that it was in the interest of the Borough of Carlisle to vacate said portion of the unnamed avenue; and EXHIBIT D WHEREAS, this Ordinance has been duly advertised in a newspaper of generE.l circulation in accordance with the Pennsylvania Borough Code. NOW, THEREFORE, IT IS HEREBY ENACTED AND ORDAINED by the Boroug Council of the Borough of Carlisle, Cumberland County, Pennsylvania, as follows: SECTION 1: The portion of the unnamed avenue to be vacated as a public street in th( Borough of Carlisle is more particularly described as follows: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the western curb line of North College Street at the southeastern corner of lands of C. Thomas Parker, now known and numbered as 824 North College Street, which point is at the northeastern comer of the unnamed avenue to be vacated hereby; thence in a southern direction across said unnamed avenue, 16 feet more or less, to a point at the northeastern corner of lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street; thence along lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street, in a western direction to the eastern right-of-way line of Ash Avenue; thence by Ash Avenue, in a northern direction 16 feet, more or less, to the southwestern comer of land of C. Thomas Parker, known as 830 Ash Avenue; thence along lands of C. Thomas Parker known as 830 Ash Avenue and 824 North College Street, in a eastern direction to the western curb line of North College Street, the place of BEGINNING. SECTION 2: It is the legislative intent of Borough Council, by formally vacating the portion of the unnamed avenue above described, that its action shall not be interpreted as providing official recognition, either expressly or implied, of any public status to said portion. By approving this Ordinance, it is further the legislative intent of Borough Council that said portion of the unnamed avenue not be hereafter opened as a public street of the Borough, unless and until Borough Council shall hereafter approve said portion as a public street after fu.l compliance with all applicable provisions of the Pennsylvania Borough Code. SECTION 3: All ordinances or parts of ordinances inconsistent herewith are hereb-; repealed. SECTION 4: This ordinance shall not become effective until forty (40) days after it. . enactment. ENACTED AND ORDAINED this / 44 day of JkwE , 2007. ATTEST: Susan D. Armstrong, Secretary Donald E. Drell, President APPROVED this / Y day of ? u ? 6- 2007. Kirk R ilson, Mayor CERTIFICATION/ATTESTATION I, Susan D. Armstrong, Borough Secretary of the Borough of Carlisle do hereby certify and attest that the attached is a true and correct copy of Ordinance 2074, which was duly enacted and ordained on June 14, 2007 by the Borough Council of the Borough of Carlisle, Cumberland County, Pennsylvania. ?J Susan D. Armstrong a Borough Secretary August 16, 2007 (Seal) AFFIDAVIT I, C. Thomas Parker, as owner of 824 N. College Street and 830 Ash Avenue in the Borough of Carlisle, Cumberland County, Pennsylvania, first having been duly affirmed according to law, deposes and says that the foregoing Ordinance certified by the Secretary of the Borough of Carlisle is based upon information that is true and correct to the best of my knowledge, information and belief. C. Thomas Parker Affirmed and subscribed to before me this j&day of , 2007 NOTARY UBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kandy L Coyle, Notary Public South Mkkkion Twp., Amberiand County My Commission Expires July 6, 2010 Member, Pennsylvania Association of Notaries ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200734792 Recorded On 9/6/2007 At 11:26:01 AM * Instrument Type - MISCELLANEOUS INSTRUMENT Invoice Number - 3936 User ID - JM * Grantor - BOROUGH OF CARLISLE * Grantee - PARKER, C THOMAS * Customer - SALZMANN * FEES STATE WRIT TAX $0.50 RECORDING FEES - $13.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $19.00 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA E Cu RECORDER O D DS frao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111111111111111111111 y513?. s?? z RECORDATION REQUESTED BY: Salzmann Hughes, PC 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 WHEN RECORDED MAIL TO: TAX PARCEL NO. SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY THIS DEED, MADE THE q7V day of Q in the year two thousand seven (2007), BETWEEN Daniel J. Miller and Kelly L. Miller, husband and wife, of the Commonwealth of Pennsylvania, hereinafter called Grantors, AND C. Thomas Parker, an adult individual, of the Commonwealth of Pennsylvania, hereinafter called Grantee, WITNESSETH, that in consideration of the sum of one dollar and 00/100 ($1.00) Dollar, the receipt of which is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantee, his heirs and assigns, ALL THAT CERTAIN tract or lot of ground situated in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western curb line of North College Street at the southeastern corner of lands of C. Thomas Parker, now known and numbered as 824 North EXHIBIT > College Street, which point is at the northeastern corner of the unopened alley; thence in a southern direction across said unopened alley, 16 feet more or less, to a point at the northeastern corner of lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street; thence along lands of Daniel J. Miller and Kelly L. Miller; husband and wife, now known and numbered as 816 North College Street, in a western direction to the eastern right-of-way line of Ash Avenue; thence by Ash Avenue, in a northern direction 16 feet, more or less, to the southwestern corner of land of C. Thomas Parker, known as 830 Ash Avenue; thence along lands of C. Thomas Parker known as 830 Ash Avenue and 824 North College Street, in a eastern direction to the western curb line of North College Street, the place of BEGINNING. BEING a sixteen foot (16') unopened alley located between property owned by Daniel J. Miller and Kelly L. Miller, Grantors herein, known as 816 North College Street and properties owned by C. Thomas Parker, Grantee herein, known as 824 North College Street and 830 Ash Avenue, the same premises vacated by the Borough of Carlisle on June 14, 2007, by Ordinance dated June 14, 2007 and recorded on September 6, 2007, in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200734792, indexed as a conveyance from the Borough of Carlisle to Daniel J. Miller and Kelly L. Miller, Grantors herein, and C. Thomas Parker, Grantee herein, such that the Grantors herein and the Grantee herein each obtained title to the centerline of said premises; and whereby the result of this conveyance shall be that title to the whole premises described herein shall vest in C. Thomas Parker, Grantee herein. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions, and agreements affecting the property, visible or of record. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of Daniel J. Miller /MK - ?w X Kelly L. Miller COMMONWEALTH OF PENNSYLVANIA ) . ss. COUNTY OF CUMBERLAND ) On this, the 0144) day of o er, 2007, before me, the undersigned officer, personally appeared Daniel J. Miller and Kelly L. Miller, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kandy L Coyle, NAY Public South Middleton Twp., Cumberland County 21 My commission Expires July s, 2010 No Public Member, PAnnsylvanta Association of Notaries I do hereby certify that the precise residence and complete post office address of the within named Grantee is: 824 North Colle¢e Street Carlisle, Pennsylvania, 17013. Date: Attorney Mr Gr tee SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200745736 Recorded On 12/10/2007 At 11:1 5:51 AM * Instrument Type - DEED Invoice Number -10428 User ID - AF * Grantor - MILLER, DANIEL J * Grantee - PARKER, C THOMAS * Customer - SALZMANN * FEES STATE TRANSFER TAX $114.19 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $57.10 DISTRICT CARLISLE BOROUGH $57.09 TOTAL PAID $267.88 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA f 0 RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III iii?uiii?iiuiaiw a/Q f I a. n C n ? W -r7 -TI h Q V+ C. THOMAS PARKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 0 q V. NO. CIVIL ACTION - QUIET TITLE OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY'S SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants PETITION FOR LEAVE FOR SERVICE BY PUBLICATION 1. Plaintiff, C. Thomas Parker, by and through his legal counsel, Salzmann Hughes, P.C., filed with the Prothonotary of Cumberland County an Action to Quiet Title whereby Plaintiff requested that title to the following unopened alley be quieted and that it be determined that he has sole fee simple title to the same. ALL THAT CERTAIN tract or lot of ground situated in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western curb line of North College Street at the southeastern corner of lands of C. Thomas Parker, now known and numbered as 824 North College Street, which point is at the northeastern corner of the unopened alley; thence in a southern direction across said unopened alley, 16 feet more or less, to a point at the northeastern corner of lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street; thence along lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street, in a western direction to the eastern right-of-way line of Ash Avenue; thence by Ash Avenue, in a northern direction 16 feet, more or less, to the southwestern corner of land of C. Thomas Parker, known as 830 Ash Avenue; thence along lands of C. Thomas Parker known as 830 Ash Avenue and 824 North College Street, in a eastern direction to the western curb line of North College Street, the place of BEGINNING. 2. Defendants in this matter are the owners of property within the Carlisle Land & Improvement Company subdivision recorded in the office of the Cumberland County Recorder of Deeds at Miscellaneous Book 11, Page 572. 3. Although Plaintiff is the record owner of the sixteen foot (16') Unopened Alley, there is the possibility that an owner of property within the Carlisle Land & Improvement Company subdivision may assert a claim of implied easement in the Unopened Alley that may constitute a cloud upon the marketability of the title of Plaintiff. 4. There are greater than one thousand (1000) lots in forty-eight (48) blocks within the Carlisle Land & Improvement Company subdivision. 5. The burden and expense of personally serving all the owners of property by original process would be extraordinary and overly burdensome. 6. Furthermore, it is anticipated that there will be no opposition from the owners of property within the subdivision since there has never been public use of the unopened alley by pedestrians or vehicles. 7. It is further anticipated that there will be no opposition from the owners of property within the subdivision since there were no objectors during the process to vacate the unopened alley by the Borough of Carlisle which included notice sent directly to all lot owners within two hundred feet (200') of the Unopened Alley, a public hearing and publication. WHEREFORE, Plaintiff respectfully asks leave of court to obtain service of the Complaint in the instant matter upon the Defendants by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and rule 1066-4. Respectfully submitted, SALZMANN HUGHES, P.C. Date: By: 4Susann B. orri n, Esquire Supreme Court No. 77041 354 Alexander Spring Road, Ste 1 Carlisle, PA 17013 (717) 249-6333 Attorney for Plaintiff C. THOMAS PARKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. CIVIL ACTION - QUIET TITLE OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT . COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT . MISCELLANEOUS BOOK 11, PAGE 572, ; Defendants AFFIDAVIT NOW, comes Susann B. Morrison, Esquire, Affiant, who being duly deposed, does state the following: 1. Plaintiff filed a Complaint in an Action to Quiet Title to an unopened alley in the Borough of Carlisle, Cumberland County, Pennsylvania. (Hereinafter referred to as the "Unopened Alley"). 2. The Unopened Alley is depicted on the Carlisle Land & Improvement Company's subdivision plan along with over one thousand (1000) lots in forty-eight (48) blocks. 3. Although Plaintiff is the record owner of the sixteen foot (16') Unopened Alley, there is the possibility that an owner of property within the Carlisle Land & Improvement Company subdivision may assert a claim of implied easement in the Unopened Alley that may constitute a cloud upon the marketability of the title of Plaintiff. The burden and expense of personally serving all of the owners of property by original process is extraordinary and unduly burdensome. 4. To require Plaintiff to effectuate original process on all of the property owners is especially oppressive in light of the fact that it is anticipated that there will be no objection from the owners of property within the subdivision since there has never been public use of the unopened alley by pedestrians or vehicles and there were no objectors during the process to vacate the unopened alley by the Borough of Carlisle which included notice to all lot owners within two hundred feet (200') of the Unopened Alley, a public hearing and publication. LUI?porrisoi quire Susann B. s Sworn to and Subs *bed before me This day of 2008 Lt& 4Publi COMMONWEALTH OF PENNSYLVANIA Seal Kandy ::otarial oyle, Notary Public South MiddletTwP., Cumberland County My Common Fires July 6, 2010 Member, Pennsylvania Association of Notaries c_ -Acs c-n < C.n e ? ?y JAN 0 4 2008 P"' C. THOMAS PARKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. Oar OOL/q cSv t j fcr CIVIL ACTION - QUIET TITLE OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants ORDER OF COURT AND NOW, this Z3J day of , 2008, upon consideration of the foregoing Petition it is hereby Ordered that service of this Complaint and other related matters, in an action to quiet title be permitted upon the Defendants generally, by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3, and Rule 1066-4. Said publications shall be by public notice with one publication in a newspaper of general circulation in Cumberland County and one publication in the Cumberland Law Journal. If no answer is filed or appearance is made, a judgment by default may be taken against the aforesaid Defendants/Respondents, their heirs, personal representatives or assigns. BY THE COURT, L-V?- 4fty rew XC6 f rl t") - e 1 -?? ?VA C. THOMAS PARKER, Plaintiff V. OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0044 Civil Term QUIET TITLE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint filed by Plaintiffs in the above captioned matter. Respectfully submitted, SALZMANN HUGHES, P.C. By: (Pdaj-j- g, Susann B Morns n, Esquire Supreme Court No. 77041 354 Alexander Spring Road, Ste 1 Carlisle, PA 17013 (717) 249-6333 Attorney for Plaintiff Date I Z3 0 ?- Bi m ,sa V Lr) co C. THOMAS PARKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-0044 CIVIL ACTION - QUIET TITLE OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants PETITION FOR FINAL DECREE OF COURT TO: THE HONORABLE JUDGES OF SAID COURT NOW, this J day of Wtj f , 2008, comes Susann B. Morrison, Esquire, attorney for the above-named Plaintiff and respectfully represents that an Affidavit has been executed and is attached hereto deposing and saying that a Complaint in the above-captioned Action to Quiet Title, endorsed with Notice to Plead, has been served upon the Defendants by publication pursuant to prior Order dated January 23, 2008, by the Honorable Kevin A. Hess, and said Defendants have not answered said Complaint, entered an appearance, and/or initiated an action in ejectment although the time to do so has expired. WHEREFORE, the Plaintiff moves this Honorable Court to enter judgment in their favor and against the Defendants and grant the Plaintiff the relief prayed for in its Complaint in accordance with Pa.R.C.P. 1066(a) and (b)(1). Respectfully submitted, By: d?oj'?L, 4,i=?C--c Susann B. orriso Supreme Court No. 77041 354 Alexander Spring Road, Ste. 1 Carlisle, PA 17015 (717) 249-6333 C. THOMAS PARKER, Plaintiff V. OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, NO. 08-0044 CIVIL ACTION - QUIET TITLE Defendants AFFIDAVIT NOW, comes Susann B. Morrison, Esquire, Affiant, who being duly deposed, does state the following: 1. In accordance with Order of Court dated January 23, 2008, I did cause to be placed for publication a Notice as to the above-captioned Action to Quiet Title. 2. Attached hereto and incorporated as Exhibits A and B, respectively, are copies of the Proofs of Publication from the Sentinel and the Cumberland County Legal Journal along with the Notices as published. 3. Twenty (20) days has elapsed since publication of the Notices in the Sentinel and the Cumberland County Legal Journal. 4. No responsive pleading has been filed by any parry to the Complaint, no appearances have been entered and no action in ejectment has been initiated against Plaintiff. A true and correct copy of the docketing statement for this matter procured from the Prothonotary of Cumberland County is attached hereto and incorporated herein as Exhibit C. Sworn to and 00"-di 96uq? Subscribed before me CC B. orriso , Esquire This3 day of ?? C NWEALTH OF PENNSY??f? Notariai Seal L Kandy L. Coyle, Notary Public Notary Publi South Middleton Twp., Cumberland County My Commission Expires July 6, 2010 Member, Pennsylvania Association of Notaries : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy WhiteseL Classified Advertising Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 2, 2008 COPY OF NOTICE OF PUBLICATION i G. r Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication 'ri? Sworn to and subscribed before me this 4th day of February, 2008. Notary Pu My commission expires: CO/W COMMONWEALTH OF PENNSYLVANIA Nofadal Seal CFwisina t. Walfe, NoWlY Pubic Carlisle fto arr&ft d Co" W Carmtissim eou Sept 1, = Member. Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 8, 2008 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. SWOPWTO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 EXHIBIT B CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-0044 Civil Term C. THOMAS PARKER, Plaintiff V. OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants QUIET TITLE TO: OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IM- PROVEMENT COMPANY SUB- DIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572: You are notified that the Plaintiff, C. Thomas Parkes, has commenced an Action to Quiet Title against you entered to NO. 08-0044 Civil Term in the Court of Common Pleas of Cum- berland County, Pennsylvania, which you are required to defend. This action concerns the land here described: ALL THAT CERTAIN tract or lot of ground situated in the Borough of Carlisle, Cumberland County, Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point on the western curb line of North College Street at the southeastern corner of lands of C. Thomas Parker, now known and numbered as 824 North College Street, which point is at the northeastern comer of the unopened alley; thence in a southern direction across said unopened alley, 16 feet more or less, to a point at the north- eastem comer of lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street; thence along lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street, in a western direction to the eastern right-of-way line of Ash Avenue; thence by Ash Av- enue, in a northern direction 16 feet, more or less, to the southwestern corner of land of C. Thomas Parker, known as 830 Ash Avenue; thence along lands of C. Thomas Parker known as 830 Ash Avenue and 824 North College Street, in a eastern direction to the western curb line of North College Stmt, the place of BEGINNING. NOTICE If you wish to defend, you must take action by entering a written ap- pearance 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 CAN- NOT AFFORD ONE, GO TO OR TELE- PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 13 CUMBERLAND LAW JOURNAL TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 By: R. Thomas Kline Sheriff SUSANN B. MORRISON, ESQUIRE SALZMANN HUGHES, P.C. Attorneys for Plaintiff 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 Feb. 8 14 PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2008-00044 PARKER C THOMAS (vs) CARLISLE LAND & IMPROVEMENT CO Reference No... Filed......... 1/03/2008 Case Ty e.....: COMPLAINT -QUIET TITLE Judgmen?...... 00 Time.........: Execution Date 1:54 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info PARKER C THOMAS PLAINTIFF MORRISON SUSANN B 824 N COLLEGE STREET CARLISLE PA 17013 CARLISLE LAND & IMPROVEMENT DEFENDANT COMPANY CARLISLE PA ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 1/03/2007 COMPLAINT - ACTION TO QUIET TITLE FILED BY SUSANN B MORRISON ESQ FOR PLFF ------------------------------------------------------------------- 1/03/2007 PETITION FOR LEAVE FOR SERVICE BY PUBLICATION ------------------------------------------------------------------- 1/23/2008 ORDER OF COURT - 1/23/08 IN RE: PETITION FOR LEAVE FOR SERVICE BY PUBLICATION - HEREBY ORDERED THAT SERVICE OF THIS COMPLAINT AND OTHER RELATED MATTERS IN AN ACTION TO QUITE TITLE BE PERMITTED UPON THE DEFTS GENERALLY BY PUBLICATION PURSUANT TO CUMBERLAND COUNTY RULE 1009-1, RULE 1066-1, RULE 1066-2, RULE 1066-3, AND RULE 1066-4 - SAID PUBLICATIONS SHALL BE BY PUBLIC NOTICE WITH ONE PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN CUMBERLAND COUNTY AND ONE PUBLICATION IN THE CUMBERLAND LAW JOURNAL - IF NO ANSWER ID FILED OR APPEARANCE IS MADE A JUDGEMENT BY DEFAULT MAY BE TAKEN AGAINST AFORESAID DEFTS/RESPONDENTS THEIR HEIRS PERSONAL REPRESENTIATIVES OR ASSIGNS - BY KEVIN A HESS J - COPY MAILED 1/23/08 ------------------------------------------------------------------- 1/31/2008 PRAECIPE TO REINSTATE COMPLIANT - BY SUSANN B MORRISON ATTY FOR PLFF - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*Bal***Pmts/Ad End Bal ******************************** **** ****** ******************************* COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 REINSTATE COMPL 10.00 10.00 .00 ------------------------ ------------ 88.50 88.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM R600 ft Tu* w1w -rt. I hw wltsdmy hW idNuddowtom,Rt pf GOOF&" I EXHIBIT C ,w:,? .-?- ?, ?:,.. ?.i ..T, '' 1 tai ;?i?' r,,, >? ? d:..d ?!' ..C:. a r.?'a 0 MAR0420U6 C. THOMAS PARKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-0044 CIVIL ACTION - QUIET TITLE OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants FINAL DECREE OF COURT NOW, this G'day of InottA , 2008, an affidavit of service of the Complaint with Notice to Plead being attached hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Petition and upon motion of Plaintiff, It is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff, C. Thomas Parker. Said tract of land is described as follows: ALL THAT CERTAIN tract or lot of ground situated in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western curb line of North College Street at the southeastern corner of lands of C. Thomas Parker, now known and numbered as 824 North College Street, which point is at the northeastern corner of the unopened alley; thence in a southern direction across said unopened alley, 16 feet more or less, to a point at the northeastern corner of lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street; thence along lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street, in a western direction to the eastern right-of-way line dNVAIASNN?d 6 Q :8 WV L _ SVW MOZ l 30! X13 H of Ash Avenue; thence by Ash Avenue, in a northern direction 16 feet, more or less, to the southwestern corner of land of C. Thomas Parker, known as 830 Ash Avenue; thence along lands of C. Thomas Parker known as 830 Ash Avenue and 824 North College Street, in a eastern direction to the western curb line of North College Street, the place of BEGINNING. It is further ORDERED AND DECREED that each of the Defendants be forever barred from asserting any right, lien, title or interest in or to the herein described parcel of land inconsistent with the interest and claim of the Plaintiff's title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same, or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty (30) days. BY THE COURT, ? LL5aalnn')2j. -Morr-i5o&?. E5% * C. THOMAS PARKER, Plaintiff V. OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0044 Civil Term QUIET TITLE Kindly enter final judgment on Appearance Docket and on Final Decree of Court place a notation that the Defendants failed to take the action directed in the last advertisement within the time therein limited; and transmit to the Recorder of Deeds a certified copy of the Final Decree of Court containing the notation above described. Susann B. Morrison, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorney for Plaintiff Date: 1 } vv\ CD ^?? 11 y --17 \f C. THOMAS PARKER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-0044 OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, CIVIL ACTION - QUIET TITLE Defendants AFFIDAVIT NOW, comes Susann B. Morrison, Esquire, Affiant, who being duly deposed, does state the following: In accordance with Final Decree of Court dated March 6, 2008, I did cause to be placed for publication a Notice as to the above-captioned Action to Quiet Title. 2. Attached hereto and incorporated as Exhibits A and B, respectively, are copies of the Proofs of Publication from the Sentinel and the Cumberland County Legal Journal along with the Notices as published. 3. Thirty (30) days has elapsed since publication of the Notices in the Sentinel and the Cumberland County Legal Journal. 4. No responsive pleading has been filed by any parry, no appearances have been entered and no action in ejectment has been initiated against Plaintiff. A true and correct copy of the docketing statement for this matter procured from the Prothonotary of Cumberland County is attached hereto and incorporated herein as Exhibit C. Sworn to and Subscribed before me Susann B. M 'son, squire This ,:9 day of 20 OMMON4'vEAi_ h OF PENNSYLVANIA Notarial Seal Kandy L Coyle, Notary Public South MkkhG an Twp., Cumberland County No Public My Commission Expires July 6, 2010 Member, Pennsylvania Association of Notaries PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy Whitesel, Classified Advertising Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 21, 2008 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 21st day of March 2008. Notary c My commission expires: g1110d COMMONWEALTH OF PENNSYLVANIA NobM Seed a nstlrta L. Woffe, M*Wy Pubic Carlisle Bone, Cwftdand courily My Commission Expires Sept 1. 2D08 Member, Pennsylvania Assock"n Of Notaries E EXHIBIT COPY OF NOTICE OF PUBLICATION C) btt t s * v .:` ? -ou44 oivir $6 04 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 28, 2008 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. isa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 28 day of March, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public EXHIBIT CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-0044 Civil Term C. THOMAS PARKER, Plaintiff V. OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IMPROVEMENT COMPANY SUBDIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572, Defendants QUIET TITLE TO: OWNERS OF PROPERTY WITHIN THE CARLISLE LAND & IM- PROVEMENT COMPANY SUB- DIVISION RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS AT MISCELLANEOUS BOOK 11, PAGE 572: You are notified that an Order has been entered to Docket No. 08-0044 in the Court of Common Pleas of Cumberland County, Pennsylvania on March 6, 2008 directing that within thirty (30) days after this publication you shall file an action in ejectment or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in Plaintiffs Com- plaint to the land here described: ALL THAT CERTAIN tract or lot of ground situated in the Borough of Carlisle, Cumberland County, Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point on the western curb line of North College Street at the southeastern corner of lands of C. Thomas Parker, now known and numbered as 824 North College Street, which point is at the northeastern corner of the unopened alley; thence in a southern direction across said unopened alley, 16 feet more or less, to a point at the north- eastern comer of lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street; thence along lands of Daniel J. Miller and Kelly L. Miller, husband and wife, now known and numbered as 816 North College Street; in a western direction to the eastern right-of-way line of Ash Avenue; thence by Ash Av- enue, in a northern direction 16 feet, more or less, to the southwestern comer of land of C. Thomas Parker, known as 830 Ash Avenue; thence along lands of C. Thomas Parker known as 830 Ash Avenue and 824 North College Street, in a eastern direction to the western curb line of North College Street, the place of BEGINNING. By: R. Thomas Kline, Sheriff SUSANN B. MORRISON, ESQUIRE SALZMANN HUGHES, P.C. Attorneys for Plaintiff 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 Mar. 28 PYS511 Cumberland County Prothonotary's Office Page 1 _ Civil Case Print 2008-00044 PARKER C THOMAS (vs) CARLISLE LAND & IMPROVEMENT CO Reference No... Filed......... 1/03/2008 Case Typpe..... : COMPLAINT -QUIET TITLE Judgment..... 00 Time...... .. Execution Date 1:54 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disosed Date. 1 h i C 0/00/0000 ------------ Case Comments ------------- .: er rt H g Higher Crt 2.: ******************************************************************************** General Index Attorney Info PARKER C THOMAS PLAINTIFF MORRISON SUSANN B 824 N COLLEGE STREET CARLISLE PA 17013 CARLISLE LAND & IMPROVEMENT DEFENDANT COMPANY CARLISLE PA ******************************************************************************** Judgment Index Amount Date Desc CARLISLE LAND & IMPROVEMENT 3/07/2008 QUIET TITLE COMPANY ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 1/03/2007 COMPLAINT - ACTION TO QUIET TITLE FILED BY SUSANN B MORRISON ESQ FOR PLFF ------------------------------------------------------------------- 1/03/2007 PETITION FOR LEAVE FOR SERVICE BY PUBLICATION ------------------------------------------------------------------- 1/23/2008 ORDER OF COURT - 1/23/08 IN RE: PETITION FOR LEAVE FOR SERVICE BY PUBLICATION - HEREBY ORDERED THAT SERVICE OF THIS COMPLAINT AND OTHER RELATED MATTERS IN AN ACTION TO QUITE TITLE BE PERMITTED UPON THE DEFTS GENERALLY BY PUBLICATION PURSUANT TO CUMBERLAND COUNTY RULE 1009-1, RULE 1066-1, RULE 1066-2, RULE 1066-3, AND RULE 1066-4 - SAID PUBLICATIONS SHALL BE BY PUBLIC NOTICE WITH ONE PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN CUMBERLAND COUNTY AND ONE PUBLICATION IN THE CUMBERLAND LAW JOURNAL - IF NO ANSWER ID FILED OR APPEARANCE IS MADE A JUDGEMENT BY DEFAULT MAY BE TAKEN AGAINST AFORESAID DEFTS/RESPONDENTS THEIR HEIRS PERSONAL REPRESENTIATIVES OR ASSIGNS - BY KEVIN A HESS J - COPY MAILED 1/23/08 ------------------------------------------------------------------- 1/31/2008 PRAECIPE TO REINSTATE COMPLIANT - BY SUSANN B MORRISON ATTY FOR PLFF ------------------------------------------------------------------- 3/03/2008 PETITION FOR FINAL DECREE OF COURT - BY SUSANN B MORRISON ATTY FOR PLFF ------------------------------------------------------------------- 3/07/2008 FINAL DECREE OF COURT - 3 6 08 IN RE: PETITION FOR FINAL DECREE OF COURT - IT IS FURTHER ORD R D AND DECREED THAT EACH OF THE DEFENDANTS BE FOREVER BARRED FROM ASSERTING ANY RIGHT LIEN TITILE OR INTEREST IN OR TO THE HEREIN DESCRIBED PARCEL OF LAND UNLESS AN ACTION OF EJECTMENT IS FILED AGAINST THE PLAITNIFF FOR RECOVERY OF THE SAME WITHIN THIRTY DAYS BY KEVIN A HESS J - COPIES MAILED 3/7/08 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Bw*Bal***Py*mts/Adj End Bal *********************************** ****** ******************************* COMPLAINT 55.00 55.00 TAX ON CMPLT , 04 ' t1 .50 .50 SETTLEMENT 8.00 8.00 twig AUTOMATION 5.00 5.00 ,tom JCP FEE 10.00 10.00 ? 2D0 REINSTATE COM EXHIBIT 10.00 10.00 s PY,3511 Cumberland County Prothonotary's Office Civil Case Print Page 2 2008-00044 PARKER C THOMAS Reference No..: C (vs) CARLISLE LAND & IMPROVEMENT CO Judenppe " " COMPLAINT 00QUIET TITLE JudgemeAssigned: HESS KEVIN A Disposed Desc.: ------------ Case Comments ------------- --------------------- 88.50 88.50 Filed..... Time. ???? Execution.Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: ------------ 00 1/03/2008 1:54 0/00/0000 0/00/0000 * End of Case Information I? SPY Fr"4 RED w"M H IIdri"WhWd, 1WG UM Od eN h! Aa1 d said Co is t '?.v? ?IFM1`wM, ' ..... .: ._, -. '