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Home My WebLink About08-2022oy REAGER & ADLER, P.C. BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 E-mail: Lfenicle@ReagerAdlerPC.com CAROL A. LEACH, VS. IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C8 - 404 Ci v; l (erm BEVERLY A. KELLER, JOSEPHINE M. PATTON and PATRICIA M. KELLER, CIVIL ACTION - LAW Defendants ACTION TO QUIET TITLE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 REAGER & ADLER, P.C. BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 E-mail: Lfenicle@ReagerAdlerPC.com CAROL A. LEACH, IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. BEVERLY A. KELLER, JOSEPHINE M. PATTON and PATRICIA M. KELLER, CIVIL ACTION - LAW Defendants ACTION TO QUIET TITLE AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) lias despues de a notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 REAGER & ADLER, P.C. BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 E-mail: Lfenicle@ReagerAdlerPC.com CAROL A. LEACH, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D ?- a U .i a CIVIL ACTION - LAW ACTION TO QUIET TITLE VS. BEVERLY A. KELLER, JOSEPHINE M. PATTON and PATRICIA M. KELLER, Defendants COMPLAINT TO QUIET TITLE AND NOW comes Plaintiff, CAROL A. LEACH, by and through her attorneys, Reager & Adler, PC, and files a Complaint to Quiet Title against Defendants, BEVERLY A. KELLER, JOSEPHINE M. PATTON and PATRICIA M. KELLER, and states as follows: 1. Plaintiff, CAROL A. LEACH, is an adult individual residing at 430 Big Sky Drive, Etters, York County, Pennsylvania 17319. 2. Defendant, BEVERLY A. KELLER, is an adult individual residing at 117 Vine Street, Highspire, Dauphin County, Pennsylvania 17034. 3. Defendant, JOSEPHINE M. PATTON, is an adult individual residing at 41 Whiskey Springs Road, Dillsburg, York County, Pennsylvania. 4. Defendant, PATRICIA M. KELLER, is an adult individual residing at RR 1, 487 Lewisberry Road, New Cumberland, York County, Pennsylvania. 5. Plaintiff, CAROL A. LEACH, is the owner of real property located at 239 West Columbia Road, East Pennsboro Township, Enola, Cumberland County, Pennsylvania 17025. The Deed for said property is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 207, Page 1108, and is attached hereto as Exhibit "A". 6. Defendants, BEVERLY A. KELLER, JOSEPHINE M. PATTON, and PATRICIA M. KELLER are owners of certain real property located at 243 West Columbia Road, East Pennsboro Township, Enola, Cumberland County, Pennsylvania 17025. The Deed for said property is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvaia, in Deed Book F-35, Page 936, and is attached hereto as Exhibit "B". 7. Plaintiff, CAROL A. LEACH, received title to her property by a Deed dated September 16, 1999, from her father, LaVerne A. Keckler. 8. Plaintiff's father, LaVerne A. Keckler, and Plaintiff's deceased mother, Francis Mae Keckler, owned said property from September 16, 1952 until September 16, 1999, when it was conveyed to Plaintiff, CAROL A. LEACH. 9. The property owned by Plaintiff, CAROL A. LEACH, at 239 West Columbia Road, East Pennsboro Township, Enola, Cumberland County, Pennsylvania 17025, consists of a 21/2-story frame dwelling, which is one side of a double house. The dwelling has a sunroom addition, with a deck. 10. Prior to the sunroom addition being constructed by Plaintiff in 2003, there had been a garage on the same foundation on which the sunroom addition was constructed. 11. At the time the sunroom addition was constructed, upon information and belief, Defendant, PATRICIA M. KELLER, specifically requested that the contractor move it back about one (1') foot from the edge of the existing garage foundation, so as to not have the roof overhang, and the air-conditioner overhang, going beyond the garage foundation. 12. Plaintiff, CAROL A. LEACH, complied with that request, as the addition was to have originally been placed at the edge of the garage foundation. 13. The garage foundation had been at the same location in excess of twenty- one (21) years. 14. The boundary line between Plaintiff's property and Defendants' property, as set forth in Exhibit "C", which is attached hereto, has been consented to by Defendants, and the prior owners of Defendants' property, in excess of twenty-one (21) years. 15. In the Fall of 2007, was the first time that any of the Defendants raised any concern with the location of the present sunroom addition, or any other issues concerning the boundary line of the property. 16. Plaintiff's use of her property, in regard to the boundary line, as set forth in Exhibit "C", has been continuous, adverse, and hostile, and Plaintiff is, therefore, entitled to a determination by this Court that the boundary line for the property is set forth on the survey which is attached hereto as Exhibit "D", free and clear of any claims of Defendants. 17. Under the doctrine of consentable line, the boundary line of the property between Plaintiff's property and Defendants' property is set forth on Exhibits "C" and "D" herein. 18. Under the doctrine of adverse possession, the boundary line of the property is set forth on Exhibits "C" and "D" herein. WHEREFORE, Plaintiff, CAROL A. LEACH, requests that Judgment be entered in Plaintiff's favor and against Defendants, BEVERLY A. KELLER, JOSEPHINE M. PATTON, and PATRICIA M. KELLER, and requests this Court issue an Order declaring that 1) Plaintiff has fee simple title to the property as set forth on the survey that is attached hereto and marked as Exhibit "D", free and clear of any claims of Defendants; 2) the boundary line between Plaintiff's property and Defendants' property exists as set forth on Exhibit "C"; and 3) for such other relief as is just and necessary. Dated: 11;fhl Respectfully submitted, REAGE ADLER,PC By: Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, CAROL A. LEACH, hereby certify and state that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. CAROL A. LEAC DATE: 3 /(o 1 a o o 8 EXHIBIT "A" r 'r THIS IND E `99 SEP 20 flN 11 53 MADE THE ?4ay of September, in the year of our Lord one thousand nine hundred ninety--nine (1999) BETWEEN LAVERNE A. KECKLER, widower, of the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, party of the first part, A N D CAROL A. LEACH., of 70 Fisher Road, York. Haven, County of York and State of Pennsylvania, party of the second part, WITNESSETH, that the said party of the first part, for and in consideration of the sum of one and 00/100 ($1.00) Dollar, lawful money of the United States of America unto them well and truly paid by the said party of the secand part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and subject to the reservations hereinafter set out, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said party of the second part, her successors and assigns, ALL THAT CERTAIN tract of land situate in the Township of Fast Penneborc, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northern side of Columbia Road one hundred' thirteen and four-tenths feet (1:13.4) measured Eastwardly from the North-East corner of•Columbia Road and Brick Church Road; thence along the division line of lots numbered nineteen and twenty block "B", on the hereinafter mentioned plan of'lots one hundred thirty five (135) feet to a stake; thence in an Easterly direction thirty and six-tenths (30.6) feet to the middle of lot numbered twenty-one block "B" on said plan; thence in an Southerly'directioll through the middle of lot numbered twenty-one (21), block -E" one hundred thirty five and five- tenths (135:5) feet, more or less, to Columbia Road; thence in a. westerly direction along the xiorthern line of Columbia Road, thirty (30) feet to the place of BEGINNING. BDUK 267 Fr?Or: 08 BEING Lot numbered twenty (20) and the western half of lot numbered twenty-one (21) block "B" of a plan of tots known as Ira E. Shaull's Addition to Enola. The said plan being recorded in the Recorder's Office in and for Cumberland County at Carlisle, Pa., in Plan Book #1, page 78. HAVING THEREON erected the western half of a two and one- half story (2 %) frame dwelling house, known,as 239 Columbia Road, Enola, Pennsylvania. BEING the same premises with George F_ Keller and Della S. Keller, his wife, by their Deed dated September 16, 1952 and recorded September 17, 1952 in Deed Book C, Volume 15, Page 254, Cumberland County Records, sold and conveyed to LaVerne A. Keckler and Frances Mae Keckler, his wife. The said Frances Mae Keckler died August 14, 1999, thereby vesting the entire fee simple title in and to Laverne A_ Keckler. This is a transfer between father and daughter and as such is exempt from state and local real estate transfer taxation. TO HAVE AND TO HOLD the said hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said party of the second part, her heirs and assigns, to and for the only proper use and behoof of the said party of the second part, her heirs and assigns forever.. The said party of the first part, for his heirs and assigns, do by these presents covenant, grant and agree to and with the said party of the second part, her heirs and assigns that they the said party of the first part, his heirs and assigns, all and singular the hereditaments and premises herein above described and granted or mentioned, and intended so to be, with the appurtenances, unto the said party of the second part, her heirs and assigns against them the said party of the first part and his heirs and assigns, and against all and every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof shall and will warrant and forever defend. WITNESS the due execution hereof the day, month and year first above written. w' ness !VERNE A_ KE EXHIBIT "B THIS DEED the ?f 711 y o f ?Xi?tri made the n 1jund e da ht N ine (19 8 9) , between This Deed, 'year of our Lord, Nineteen Hundred and E igY- KENNETH R. YELLER, single man, P.O. Box K, New Cumberland, hereinafter referred to as ia , York County, Pennsylvan GRANTOR, - A N D - Highspire, Pennsylvania; BEVERLY A. YELLER, 117 Vine Street, Pennsylvania; JOSEPHINE M. PATTON, RD Dillsburg, YELLER, P. 0. Box K, Pennsylvania; PATRICIA his threM• daughters, hereinafter referred to as GRANTEES. his three (3) 00 (One) Dollar, in hand WITNESSETH, that eo consideration of le ed, the said GRANTOR hereof is hereby ackno their heirs and paid, the receipt w to the said GRANTEES, does.hereby grant and convey assigns, AS TENANTS IN COMMON. tax exempt for parent to children. This conveyance is The premises are described as follows: oint on Brick Church Road a the 78degreeson t BEGINNING at a p Columbia Road, north with Columbia Road, thence along 15 minutes 00 seconds east, 113.40 feet to a drill hole at the on the hereinafter mentioned a00oseconds intersection with Lot said 20 north 11 degrees 45 minutes Lots; thence along said Lot, t 135.00 feet to a pin set6aaetreesn43rminutes 40 with 2west, ees 48 minutes wes south 7 g t thence along said Lot, north 14 deg 20,01 f eet w a pin thence continuing 48.11 feet to a pin set at the intersection with 25 seconds west, said Lot, south 75 degrees 31 minutes 55 Lot 230, thence along s in set on Brick Church Road; t en00 seconds west, 10104 feet to a p along said Road, south 15 degrees 00 uth 15 minutes degOeese00nminutes,00 46. feet to a pin; thence continuing so seconds east,#132.00 feet to a point, the place of BEGINNING. ituate ALL THAT CERTAIN tract of ounded and described: Township, more particularly b X Q?c? 936 eooK35 anat BEING all of Blo16, ck C71of1 an 19, loc 8IradE. Shaullj's1addidtionrtoOi Lots 43, 44 and 45, 78. Enola, recorded in Plan Book I, page ALSO BEING the same premises which Ada C. Thomas, by deed dated September 18, 1987, and recorded in the Cumberland County Office of Recorder of Deeds in Deed Book Y, Vol. 32, Page 121 granted and conveyed unto Kenneth R. Keller; and also being deed dated same premises which the Township of East Pennsboro, by County untoOffice o August 14, 1985, and recorded. in the Cumberland conveyed P ag Recorder of Deeds in Deed Book 33-A, r by Kenneth R. Keller; 8, 1989, also and recorded in premises deed dated June Office of Recorder of Deeds in Deed Book 34-C, Page 716, conveyed unto Kenneth R. Keller, Grantor herein. AND the said GRANTOR does hereby covenant and agree that he will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said GRANTOR has hereunto set his hand and seal the day and year first above written. Signed, Sealed, and Delivered in the Presence of enneth R. Keller ; (SEAL) co x, F -? C CT' ? L rn m v c °C c» ?-- i" o 0 N rr- v , a TV -? C7 O *? O n c ® „y -C p -n ''0 CJ? D ? ri i FncE 937 BOOK r 35 T ,?\YrIN State of Pennsylvania County of Cumberland On this, the day of z .4 1989, before me the undersigned officer, personally appeared Kenneth R. Keller known to me (or satisfactorily proven) to be the person whose name 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. 41 P-4N I hereby certify that the residence and Post Office of within Cr tic is?cl(c'- V, 7 F_?r s ors, pY RoAr. Grantee or Attorney NOTARIAL SEAL MICHELLER.BRYSON,NOTARYPUBLIC =•, '•. , ••:=•s• ?, FAIRVIEW TUNNSHIP, YORKCOUNTY 'r' ?• MY COMMISSION EXPIRES JUNE 17, 1991 Membar, Pemsylwnia AssOCIaWn of Nolafles „ State of Pennsylvania i. County of Cumberland J SS Recorded in the office for the recording of Deeds etc. in and for mberl amount L,a. i? .'=_?8ook Vol, Page witness my hand ii s I of offic f / Carlisle, PA this r: 1- ay of ec der i;? ? ' `?• It CgNpc' 600K W PAGE 938 EXHIBIT "6U Wd £S£b:Zi LOOZ/SZ/0I `2mp*pood a!q-,o0 LbZ\(IVO-d `dIHM-MOO\OZdOfiSNN3d LSVH\` -fUHEIWnD\SIZ)3fO'dd\:D EXHIBIT "D" h N ? 4, ???vZZQ I ? ??WC ?Y 3L4 o'er ??oo NQ a ?p?ZQZ ?O OQ m +. V _ V O V 30.0 ' N 7643' 0 " E P u r aid Post & Board Stockcode Fence t o Survey doesnot detail fence N o W `? locations. on North and East Boundary Lines. 0 Deck v o 4! m ' 1. o` 16.0 ?" v 3 Sun o q' k Room dditi rn? o N on N A 16.0 44 1.12 0 .U ra, O q o t p 14.3_ op o o cov h #249 W 2 j Sh Frame Dwellin5 15.7' 'T v U1 113.40' To Brick Church Road 00 PT Columbia Road 50' R/W -30' Paved I Y O O N o -4 m00 ZtO rn ° 3rn w 0 Q ? - w< Q °a z¢z m w W amw U w 0 J ¢ U - w a a CO ? w 00 o LL ~ O .J LL T 0 0 0 zg O U a.?w CI) _D? a Q a ZOO o U O 2 N ~ 04 0 II O -j LLI f o V) z Lai a ¢ ? z F- V) ? a ?F- ? U W W .? U N o v 1 w jr w S M O O -Fr - h- O W r) J 0 0 o } W r- rn o 00 W ? o :5 4 z C ) a 0 -0 Q J 3: lV ti C) Y_ L (D 0) W -0 U Z u.) O ?_ ? J j U (D W a)(D Q Z Z O U U_ Wd L5=6£=Zi LOOZ/5Z/0I `$^AP'PEo'd E?gUMToO LbZ\QdO'd dlgM'I00\OZIOEISNNgd.LSV9\V- 2 agWf10\SI03102Id\:O S1 a 01 C a ? ; U a ?a `.a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEACH CAROL A VS KELLER BEVERLY A 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 KELLER BEVERLY A but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT -QUIET TITLE On April 30th , 2008 , this o attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 103.66 Postage 5.24 145.90 ? 04/30/2008 ce was in receipt of t So answe s• R. Thomas Kline (Sheriff of Cumberland County 5`p lft) " REAGER & ADLER Sworn and s?bscribe to before me this day of , A.D, II I to wit: in his bailiwick. He therefore County, Pennsylvania, to SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEACH CAROL A VS KELLER BEVERLY A 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: KELLER BEVE ?LY A but was un4le to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT -QUIET TITLE On Aprjl 30th , 2008 this office was in receipt of the attached re?urn from DAUPHIN Sheriff's Costs: So answers Docketing 6.00 -' Out-of County 9.00 Surcharge 10.00 R. Thomas K ine Dep Dauphin County 35.25 Sheriff of Cumberland County .00 6 0 . 2 5 hlv7/py 04/30/2008 REAGER & ADLER Sworn and subscribe to before me this c3av nf SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEACH CAROL A VS KELLER BEVERLY A 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: but was unable to locate Her in his bailiwick. He therefore deputized t e sheriff of YORK serve the within COMPLAINT -QUIET TITLE County, Pennsylvania, to On April 30th , 2008 this office was in receipt of the attached return from YORK Sheriff's C?sts: So answer: Docketing 6.00 Out of Couni y .00 Surcharge 10.00 Thomas Kline .00 Sheriff of Cumberland County 00 16.00 V 61 b,)IoF 04/30/2008 REAGER & ADLER ?I Sworn and s4scribe to before me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02022 P COMMONWEALTH,' OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEACH CAROL A VS KELLER BEVERLY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn ccording to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KELLER PATR CIA M but was un4le to locate Her in his bailiwick. He therefore deputized t*e sheriff of YORK County, Pennsylvania, to serve the w#hin COMPLAINT -QUIET TITLE On A r 1 30th , 2008 this o attached re?urn from YORK ce was in receipt of t Sheriff's C sts: So answer Docketing 6.00 Out of Coun y .00 Surcharge 10.00 R. Thomas Kline Sworn and s? this A.D .00 Sheriff of Cumberland County .00 16.00 04/30/2008 REAGER & ADLER bscribe to before me day of PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 3? of 3 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE(717) 771 9 OIL 45 N. GEORGE ST., YORK, PA 17401 M11lSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINE 1 THRU 12 PROCESS RE EIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY 'COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER 08-2022 civil Carol . Leach OR COMPLAINT 4. TYPE OF WRIT 3 DEFENDANT/S/ ? Notice and Ccmplaint Beverl A. Keller et al to Cluiet Title 5 NAME O CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD COMPANY INDIVIDUAL SERVE . . Bever A. Keller 6 ADDRE (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP. STATE AND ZIP CODE) AT 430 B ' S Drive Etters, PA 17 19 7. INDICATE SERVICE 0 PERS NAL O PERSON IN CHARGE )QMEPUTIZE 0 ERT. IL U 1 ST CLASS MAIL 0 POSTED 0 OTHER NOW April 1 20 08 1, SHERIFF OF 4 COUNTY, PA, do hereby deputiz the sheriff of York COUNTY to execute this W" e return th cording to law. This deputization b ing made at the request and risk of the plaintiff., SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OT HER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE er an Please mail return of service to Cunberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRI OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without j watchman, in custody of wh mever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff ........r... ..e ?? ..? ..n.iv hnf- ehariNe a 1& thnronf 9 TYPE NAME and ADDRESS of A ORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 12. SEND NOTICE OF SERVICE CO Y TO NAME AND ADDRESS BELOW: (This area must be completed 0 notice is to be mailed) SPA CE BELOW FOR USE OF THE SkEW - DO NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 16 . HOW SERVED. PERSONAL ( ) RESIDENCE ( } POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17 . I hereby certify and return a N T FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18 . NAME AND TITLE OF INDIVIDUA L SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21 ATTEMPTS Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Tent Miles Int. Date Time Miles Int. Date Time Miles Int. 22.REMAKKS: PER ATTORNEY DO NOT SERVE THIS IS NOT IN YORK COUNTY. 23. Advance Costs 24 Service C sts 25 N/F 26 Mileage 27. Postage 28. Sub Total 29. Pound 1 30 Notary 1 31. Surchg. 132 Tot. Costsl 33 Costs Due or Refund ICheck No 34- Foreign County Costs 35. Ad ante Costs 36 Service Costs 37 Notary Cert. 41. AFFIRMED and subscribed to bef a me this 21st r.? -- ? 44. Signature of 42 day of APR 1.11" Dep. Sheriff N07 !AL RMk*W / NOTARY 46. Signature of York 'CTARY PUBLIC County Sheriff L! 5'9% L F 7: P CiTy'L `.' RKCOUNTY RICHARD P. MY C 1 S d t ':i I ES AUG. 12, 2009 48 Signature of Fofegf 38. Mileage/Postage/Not Found 139 Total Costs 140 Costs Due or Refund 45. DATE 47 DATE R, 4-17-2008 49 DATE 1 • • • • PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 • 1 Of 3 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 G SERVICE CALL. (717) 771-9601 WSTRUCTIMS SHERIFF SERVICE PLEASE TYPE ONLY L NE 1 THRU 12 PROCESS REEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER 08-2022 civil C A ch Le aro . a OF I ?jAA 4 R 3 DEFENDANT/S/ NOtlce al ?CiTIj0ldlllt NOTICE, Beve ly A. Keller et al to Quiet Title SERVE 5 NAME O INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTAC ED, OR SOLD Jose ine M. Patton 6 ADDRE S (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO, TWP. STATE AND ZIP CODE) AT 41 iske Springs Road Dillsbur , PA 17019 7. INDICATE SERVICE 0 PERS NAL U PERSON IN CHARGE DEPUTIZE O CERT MAIL U 1 ST CLASS MAIL U POSTED U OTHER NOW A ri 1 .2008 I, SHERIFF OF UNTY, PA, hereby deputize the sheriff of York COUNTY to execute r ake re rn t ccording to law. This deputization b ing made at the request and risk of the plaintiff., SHERIFF OF COUNTY INO 8. SPECIAL INSTRUCTIONS OR O HER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICFOUT OF CO Cumberland mail return of service to Cwtierland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON W T OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of w mever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or r val of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of A ORNEY /ORIGINATOR and SIGNATUOINU S E. FEN I CLE , ESQ. 10. TELEPHONE NUMBER 11. DATE FILED 2331 MARKET ST, CAMP HILL, PA 17011 17-763-1383 3-31-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO MOT WRITE BELOW TM LN* 13. 1 acknowledge receipt of the writ) 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. MJ MC G I LL YC S O 14-3-2008 14-30-2008 16. HOW SERVED PERSONAL RESIDENCE POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 0 1 *ebjt cet" and return a OT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 1 E O TLE OF INDIV AL SERV D I LI DDRESS HERE IF NOT SHOWN ABOVE (Relabonshi to Del octant) 19. Date of Service 20 Time of ?s h e. D d 7/ 21 22 rt. Date Time Mlles nI. Date Ti Miles Int. Date Time MW s Int. Dale Time Miles Int. Date Time Miles Int. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32 Tot. Costs 33 Costs Due or eland Check No. 250.00 C3 C-1 q /'n en 0(034. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 41. AFFIRMEGwW to,_ ! 2 1 S t SO 44. Signature of 42. day of -- Dep. Sheriff x'107 R, L S / NOTARY, 46. Signature of York LISA L. E. dV,1'r' N, NOTARY PUBLIC County Sheriff CITY OF Yi'riK. YORK COUNTY RICHARD P . 4 U E , ".1YC-)S11MISSION[_XPiRESAUG. 12,2009 48 Signature of Foreign 39. Total Costs 140. Costs Due or Refund VD D .d _ 7.DA E 4-21-2008 49 DATE 1* • •. • PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 2 of 3 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 • • • 111111100001 4 SERVICE CALL (717) 771-9601 SHERIFF SERVICE .'.P a ff wwwvw PLEASE TYPE ONLY LAC 1 THRU 12 PROCESS REC EIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2 COURTNUMBER 08_2022 civil Carol Leach A . 4. TYPE OF WRIT OR COMPLAINT OT ICE 3 DEFENDANT/S/ P , Notice and Complai t Bever ly A. Keller et al CTQT to iet Title SERVE 5 NAME O INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Pat ricia M. Keller 6 ADDRE S (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP. STATE AND ZIP CODE) AT 487 Lewisberry Road New Cumberland, PA 17070 7. INDICATE SERVICE 0 PIERS NAL U PERSON IN CHARGE DEPUTIZE 0 ERT IL U 1 ST CLASS MAIL U POSTED U OTHER NOW Apr il 1 , 2008 I, SHERIFF OF?IlCOUNTY, PA, do hereby deputize the sheriff of Yo COUNTY to execute th ake return according o to law. This deputization b tee eing made at the request and risk of the plaintiff., SHERIFF OF qWWCOUNTY 8. SPECIAL INSTRUCTIONS OR OT HER INFORMATION THAT WILL ASSIST IN EXPEDITING SEPMT OF CO Cumber] an ADV FEE PAID B CUMBERLAND CO SHERIFF Ple ase mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON W IT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of w omever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or r val of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of A ORNEY / ORIGINATOR and SIGNATU1,EINU S E. FEN I CLE , ESQ. 10. TELEPHONE NUMBER 11 DATE FILED 2331 MARKET STREE T, CAMP HILL, PA 17011 17-763-1383 3-31-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). SPACE BELOW FOR USE OF THE SIERFF - DO NOT WRITE BELOW THIS LSE 13. 1 acknowledge receipt of the writ, 14. DATE RECEIVED 115 Expiration/Hearing Date or complaint as indicated above. M J MC G I LL YC S O 4- 3- 2 0 0 8 _ 16 . HOW SERVED. PERSONAL ) RESIDENC POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17 . O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above (See remarks below.) 1 E A 11T O O 19. Date pfService 1ST DR SS HERE IF NOT S ? YM ABOVE Retationship to DefendaA AL S S/ c b q 20 Tim of_rv ; 7? ? ?Wg I o --- l? vb tsYt m 21 . TTEMPTS Da im ilo Int. Date ime Mies Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int Date Time Miles Int. 22. REMARKS 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No. 23. Advance Costs 24 Service Costs 25 N!F 26 Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 34. Foreign County Ctosts 35. vance Costs 36. Service Costs 37 Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund 1 cA 1ucumac 41. AFFIRMED and subscribed to 1 re me tnis 44. Signature of 42. day of A P'RTI'? 'U?? '. N Dep. Sheriff 3921- T !NOTARY 46. Sig. ature of York NO , IAL SFl ' LIB ; L ;`:. ^A I: N• .3TARY PUBLIC j j "' D P. E R -F CITY O YC.- K COUNTY XPIRES AUG. 12. 2009 48 Signature of Foreign 17 DATE -21-2008 49 DATE i !a REAL R & ADLER, P.C. BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Mrket Street Camp Hill, PA 17011 Telephone: (717) 763-1383 E-mail: Lfenicle@ReagerAdlerPC.com RECEIVED 0FF'uE 1 F I HE SIaERIFF NS18 APR 3 Pik 2 05 FORK PA CAROL A. LEACH, IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. D8 _ o10aa Civil lerM BEVE Y A. KELLER, JOSEP NE M. PATTON and PATRI IA M. KELLER, CIVIL ACTION - LAW Defendants ACTION TO QUIET TITLE I'I NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 a ainst you. You are warned that if you fail to do so the case may proceed without you an 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 Plainti . You may lose money or property or other rights important to you. OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ABLE FEE. [F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE CO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 11WE COPY FROM RECORD in Test mony whereof, I here into set my hand d ft saW of said L;wn at Carlisle, Pal. . 51 A 11L. REAG R & ADLER, P.C. BY: LI US E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 M ket Street Camp ill, PA 17011 Telepho ne: (717) 763-1383 E-mail: Lfenicle@ReagerAdlerPC.com CAROL A. LEACH, IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: BEVERLY A. KELLER, JOSEP HNE M. PATTON and PATRI IA M. KELLER, CIVIL ACTION - LAW Defendants ACTION TO QUIET TITLE AVISO STED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las emandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n entro de los pr6ximos veinte (20) dias despu6s de a notificaci6n de esta Demanda y Avis radicando personalmente o por medio de un abogado una comparecencia escrita y radic do en la Corte por escrito sus defensas de, y objecciones a, las demandas present das aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dine o reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el dem dante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted p ede perder dinero o propiedad u otros derechos importantes para usted. JSTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO ATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA 4TE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A DE COMO CONSEGUIR UN ABOGADO. I USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIB E QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGEN IAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSO AS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 REAG R & ADLER, P.C. BY: LE US E. FENICLE, ESQUIRE Attorne I.D. No. 20944 2331 M ket Street Camp ill, PA 17011 Telepho ne: (717) 763-1383 E-mail: Lfenicle@ReagerAdlerPC.com CAROL., A. LEACH, PATRI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW ACTION TO QUIET TITLE COMPLAINT TO OUIET TITLE ?ND NOW comes Plaintiff, CAROL A. LEACH, by and through her attorneys, Reager & Adler, PC, and files a Complaint to Quiet Title against Defendants, BEVEI LY A. KELLER, JOSEPHINE M. PATTON and PATRICIA M. KELLER, and stags as follows: Plaintiff, VS. LY A. KELLER, HNE M. PATTON and ;IA M. KELLER, Defendants Plaintiff, CAROL A. LEACH, is an adult individual residing at 430 Big Sky Drive, Etters, York County, Pennsylvania 17319. Defendant, BEVERLY A. KELLER, is an adult individual residing at 117 Vine Street, Highspire, Dauphin County, Pennsylvania 17034. i. Defendant, JOSEPHINE M. PATTON, is an adult individual residing at 41 Whi key Springs Road, Dillsburg, York County, Pennsylvania. Defendant, PATRICIA M. KELLER, is an adult individual residing at RR 1, 487 Lewisberry Road, New Cumberland, York County, Pennsylvania. 5. Plaintiff, CAROL A. LEACH, is the owner of real property located at 239 West Columbia Road, East Pennsboro Township, Enola, Cumberland County, 17025. The Deed for said property is recorded in the Office of the of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 207, Page 1108, and is attached hereto as Exhibit "A". Defendants, BEVERLY A. KELLER, JOSEPHINE M. PATTON, and PATRICIA M. KELLER are owners of certain real property located at 243 West Road, East Pennsboro Township, Enola, Cumberland County, Pennsylvania 17025. The Deed for said property is recorded in the Office of the Recorder of Deeds in and for (Cumberland County, Pennsylvaia, in Deed Book F-35, Page 936, and is attached hereto ?s Exhibit "B". Plaintiff, CAROL A. LEACH, received title to her property by a Deed dated September 16, 1999, from her father, LaVerne A. Keckler. Plaintiff's father, LaVerne A. Keckler, and Plaintiff's deceased mother, Francis Mae Keckler, owned said property from September 16, 1952 until September 16, 1999, N?hhen it was conveyed to Plaintiff, CAROL A. LEACH. The property owned by Plaintiff, CAROL A. LEACH, at 239 West Road, East Pennsboro Township, Enola, Cumberland County, Pennsylvania 17025, ?onsists of a 21/2-story frame dwelling, which is one side of a double house. The dwelling has a sunroom addition, with a deck. 0. Prior to the sunroom addition being constructed by Plaintiff in 2003, there had been a garage on the same foundation on which the sunroom addition was 11. At the time the sunroom addition was constructed, upon information and belief, Defendant, PATRICIA M. KELLER, specifically requested that the contractor move it back about one (1') foot from the edge of the existing garage foundation, so as to not have the roof overhang, and the air-conditioner overhang, going beyond the garage 2. Plaintiff, CAROL A. LEACH, complied with that request, as the addition was to 4ve originally been placed at the edge of the garage foundation. 3. The garage foundation had been at the same location in excess of twenty- one (21 years. 14. The boundary line between Plaintiff's property and Defendants' property, as set forth in Exhibit "C", which is attached hereto, has been consented to by , and the prior owners of Defendants' property, in excess of twenty-one (21) years. 5. In the Fall of 2007, was the first time that any of the Defendants raised any with the location of the present sunroom addition, or any other issues concerning the boundary line of the property. 6. Plaintiff's use of her property, in regard to the boundary line, as set forth in Exhibit "C", has been continuous, adverse, and hostile, and Plaintiff is, therefore, a determination by this Court that the boundary line for the property is set forth on the Survey which is attached hereto as Exhibit "D", free and clear of any claims of 17. Under the doctrine of consentable line, the boundary line of the property Plaintiff's property and Defendants' property is set forth on Exhibits "C" and «D„ 18. Under the doctrine of adverse possession, the boundary line of the is set forth on Exhibits "C" and "D" herein. , Plaintiff, CAROL A. LEACH, requests that Judgment be entered' in Plaintiff's favor and against Defendants, BEVERLY A. KELLER, M. PATTON, and PATRICIA M. KELLER, and requests this Court issue 0 Order declaring that 1) Plaintiff has fee simple title to the property as set forth on the survey that is attached hereto and marked as Exhibit "D", free and clear of any claims of Defendants; 2) the boundary line between Plaintiff's property and Defendants' property exists as set forth on Exhibit "C"; and 3) for such other relief as is just and Respectfully submitted, REAGE ADLER, PC Dated: ?/ QL By: Linus E. Fenicle, Esquire r 71;?W4 Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, CAROL A. LEACH, hereby certify and state that the facts set forth in the foregoing Complaint areltrue and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verifilcation to authorities. 01A.-d (2. 9, 11'evAt CAROL A. LEAC DATE: Exx?iT "n, i e? Jr+ :nia,? vG N ( - /W THIS 7-NDENTIIRE '99 SEP 20 fl 53 MADE THE y of September, in the year of our Lord one thousand n'ne hundred ninety-nine (1999) BETWEEN L,A RNE A. KECKLER, widower, of the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, party of the fir t part, A N D CAROL A. L CH, of 70 Fisher Road, York Haven, County of York and State of P nz?sylvania, party of the second part, WITNT 14 ETH, that the said party of the first part, for and in consideratn of the sum of one and 00/100 ($]..00) Dollar, lawful money of e united States of America unto them well and truly paid by t said party of the second part, at and before the sealing adelivery of these presents, the receipt whereof is hereby aclwledged, and. subject to the reservations hereinafter set out, ave granted, bargained, sold, aliened, enfeoffed, released, nveyed and confirmed, and by these presents do grant, bargain, 1, alien, enfeoff, release, convey and confirm unto the said pty of the second part, her successor's and assigns, ALL T T CERTATN tract of land situate in the Township of East Penns oro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows. BEGIN ING at a point on the Northern side of Columbia Road one hundre thirteen and four-tenths feet (113 . -4.) mea.aured Eastwardly from the North-East corner of 'Columbia Road and Brick Church Road; thence along the division dine of lots numbered nineteen an twenty block "B", on the hereinafter mentioned plan of-lots one hundred thirty five (135) feet to a stake; thence in an Easterly direction thirty and six-tenths (30.6) feet to the middle of 1 t numbered twenty-one block "B" on said plan; thence in an South rly direction through the middle of lot numbered twenty-one (21) block "B" one hundred thirty five and five- tenths (1355) feet, more or less, to Columbia Road; thence izi a. westerly di ection along tkze morthern line of Columbia Road, thirty (30) feet to the place of BEGINNING. 50 26 paGUiOS BEING Lot numbered twenty (20) and the western half of lot numbered twenty-one (21) block "B" of a plan of lots known as Ira E. Shalull`s Addition to Bnola. The said plan being recorded in, the Recorder's office in and for Cumberland County at Carlisle, ?Pa., in Plan Book #1, page 78_ HAVI THEREON erected the western half of a two and one- half story (2 M) frame dwelling house, known as 239 Columbia Road, Enol , Pennsylvania. BEING the same premises with George F. Keller and Della S. Keller, h's wife, by their Deed dated September 16, 1952 and recorded S ptember 17, 1952 in Deed Book C, Volume 15, Page 254, Cumberland County Records, sold and conveyed to Laverne A. Keckler and France Mae Keckler, hie wife. The said Frances Mae Keckler died Aug-us 14, 1999, thereby vesting the entire fee simple title in and to aVerne A. Keckler. This s a transfer between father and daughter and as such is exempt fr state and local real estate transfer taxation. TO HAVE TO HOLD the said hereditaments and premises hereby granted o mentioned, and intended so to be, with the appurtenan es, unto the said party of the second part, her heirs and assign , to and for the only proper use and behoof of the said party of t e second part, her heirs and assigns forever. The said p rty of the first part, for his heirs and assigns, do by these pres nts covenant, grant and agree to and with the said party of t e second part, her heirs and assigns that they, the said party of t.e first part, his heirs and assigns, all and singular the heredi amems and premises herein above described and granted or mention d, and intended. so to be, with the appurtenances, unto the said p rty of the second part, her heirs and assigns against them the s id party of the first part and his heirs and assigns, and agains all and every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof. shall and will wa rant and forever defend. WITNESS th? due execution hereof the day, month and year first above writt n. Wetness 1%UAr'%A ? k.? , ? ?, -- LAVERNE A. KE C.QUN c?i7 ;t,c ? t EXHIBIT "B" 4 THIS DEED This Died, made the day of the 'year of our';Lord, Nineteen Hundred and Eighty-Nine (1989), between KENNET3 R. KELLER, single man, P.O. Box K, New Cumberland, York ounty, Pennsylvania, hereinafter referred to as GRANTOR, - A N D - BEVER Y A. KELLER, 117 Vine Street, Highspire, Pennsylvania; JOSEP INE M. PATTON, RD 1, Dillsburg, Pennsylvania; PATRI IA M. KELLER, P. 0. Box K, Pennsylvania; ;. his t ree (3) daughters, hereinafter referred to as GRANTEES. WITNE SETH, that in consideration of $1.00 (One) Dollar, in hand paid, the eceipt whereof is hereby acknowledged, the said GRANTOR does.hereb rant and convey to the said GRANTEES their heirs and assigns, A TENANTS IN COMMON. This conve ance is tax exempt for parent to children. The premises are described as follows: ALL HAT CERTAIN tract of land situate in East. Pennsboro Township, more particularly bounded and described as follows: BEGI ING at a point on Brick Church Road at the intersection with Colu bia Road, thence along Columbia Road, north 78 degrees 15 minute 00 seconds east, 113.40 feet to a drill hole at the intersect on with Lot 20 on the hereinafter mentioned Plan of Lots; thence along said Lot, north 11 degrees 45 minutes 00 seconds west, 135 00 feet to a pin set at the intersection with Lot 228; thence a1 ng said-Lot, south 76 degrees 43 minutes 40 seconds west, 20.01 fee to a pin; thence continuing north 14 degrees 48 minutes 25 second west, 48.11 feet to a pin set at the intersection with Lot 230; hence along said Lot, south 75 degrees 31 minutes 55 seconds w st, 101:04 feet to a pin set on Brick Church Road; thence along sai Road, south 15 degrees 00 minutes 00 seconds east, 46.00 feet to a pin; thence continuing south 15 degrees 00 minutes 00 seconds e st,,1.32.00 feet to a point, the place of BEGINNING. aoox 35 PAGE 936 BEING ail of -,wvt 16, 17, 18 and 19, Block i and part of Lots 43, 44 and 45, Block C, of Ira E. Shaull's addition to Enola, recorded in Plan Book I, Page 78. ALSO BEING the same premises which Ada C. Thomas, by deed dated September 18, 1987, and recorded in the Cumberland County Office of Recorder of Deeds in Deed Book Y, Vol. 32, Page 121 granted and conveyed unto Kenneth R. Keller; and also being the same premises which the Township of East Pennsboro, by deed dated August 14, 1985, and recorded.in the Cumberland County Office of Recorder of Deeds in Deed Book 33-A, Page 603, conveyed unto Kennet R. Keller; and also being the same premises which, by deed dated June 8, 1989, and recorded in the Cumberland County Office of Recorder of Deeds in Deed Book 34-C, Page 716, conveyed unto K nneth R. Keller, Grantor herein. A:D the said GRANTOR does hereby covenant and agree that he will w rrant specially the property hereby conveyed. I* WITNESS WHEREOF, said GRANTOR has hereunto set his hand and se 1 the day and year first above written. ' Signed] Sealed, and Delivered in thelPresence of 111. 1- enneth R. Keller (SEAL) Co pct ?-• C= ITI L 3± 7J c> C M O VU r M :V C? O IV r 7> m ycJv CD r"n t '*1 -O C7 4D 'h O C-- o m -< o -n V> -1 C®y ? • n? eooK r "5 FhcE 937 State of Pennsylvania County of Cumberland , 1989, on this,the j day of personally appeared before Me the undersigned officer, p Kenneth Keller known to me (or satisfactorily proven) to be the pars ndwhose executedbthetsameefortthe purposesntherein thatname acknowle ge containe . IN WITNE S WHEREOF, I hereunto set my hand and official seal. E?+ w 'XV , 7 r,k NOTARIAL SEAL MICHELLE R. BRYSON. NOTARY PUBLIC % f FAIRVIEW TOWNSHIP. YORK COUqTy MY COMMISSION EXPIRES JUNE 17,1991 1 hereby certify at the residence„ ' and Post office wililin Cr p(? KcftCr Member Parwyhz,nia As9ociaWr, of flota ies B 7 ? kr f S fir" ? Road. Gr ntee or Attorney State of Pennsylvania SS County of Cumberland Recorded in the office for the recording of Deeds etc in and fomberount a. ,Ad idL- 00k Vol. Pape witness my hand a 1 of offic f Carlisle, PA this r"ldnv of ec dor 1 ?+, K 40 r BOOK 05 PAGE 938 EXHIBIT "C» -.1 EXHIBIT "D» O? ?JOW Inf. U) C3 V) o? ?t?oo k? Noom ?4?fiZQ2 WO O? ? V p V 30.0 ' P N 76°43' 0" E RuMa kid r / ! Post & Board O q) ?O o? V O ,U c c ^ Stockcade c , ?, &t O Fence o L- Survey doesnot O detail fence Q W `? locations. on North \ (I and East Boundary Lines. V. J o Deck rid ' m ? Q 1. 42 16.0 o, a ° Sun " c N a o Room I o N N Addition 16.0' 1.12 O O Q 14..: O c o v 4 ' # 249 1 W 2 r7 St Frame Dwellin 15.7' V o m 0 `J Z N co O = 00> } () o Wiz} U) Q Z L m y Z a J ama U W O CO CO LL 0 F--- a Q < L) 0 ~ 0 w J -? LL U- M OF z 0 (L 0 -5 C, Of 0) Y Z : ) a. U) z OO Q N Z ? U N I o 0 'll II \ _ o a Q V) ? Q o z J ~ o _ U z = F - ? a P: ? U W W cV v ir O O U m V W p M LLJ W _ O Mh O W J CL - elf 0 0 C) -J > o 00 W > v (n Q ?i z ? o a. ? Z 3: w U z LO 04 E L j U CL CD W Z ~ a z o U_ T ti 113.40' To Brick Chu ch Road o , 00 ' " Columbia Road 50' R/W -30' Paved Wd LS6£:ZI LOOZ19VOI `$rt+P'P8Od a?4mnloO L4Z\Crvod VIgM'IOO\O-dOEISNNad LSd3\V I2I3fiL?IC10\SLO?f02Id? 0 na :tl d i E_ 8vw 8 l1 331d3HS Ea C _c{_i..tJ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 20Q8-02202 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RHODES DEVELOPMENT GROUP INC VS SPANGLER'S ILL INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn ccording to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was deputized t le to locate Him in his bailiwick. He therefore sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 30th , 2008 , this ottice was in receipt of the attached return from YORK Sheriff's C Docketing Out of Coun Surcharge Dep York Co is : So answera: 6.00 I 9.00 10.00 R. Thomas Kline ty 53.73 Sheriff of Cumberland County .00- 78.73 ? 51o? /by 04/30/2008 THOMAS THOMAS HAFER Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02202 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RHODES DEVELOPMENT GROUP INC VS SPANGLER'S ILL INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn ccording to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PAYNE TERRY D/B/A TERRY PAYNES ROOFING but was una le to locate Him in his bailiwick. He therefore deputized t serve the w e sheriff of YORK thin COMPLAINT & NOTICE County, Pennsylvania, to On A r'1 30th , 2008 this office was in receipt of the attached re urn from YORK Sheriff's C sts: So answe s: Docketing 6.00 Out of County .00''`?!? -? Surcharge 10.00 R. Thomas Kli e .00 Sheriff of Cumberland County .00 16.00 v sJU??ar-, 04/30/2008 THOMAS THOMAS HAFER Sworn and su scribe to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02202 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RHODES DEVELOPMENT GROUP INC VS SPANGLER'S ILL INC ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland ounty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPANGLER'S ILL INC D/B/A EWING ROOFING the DEFENDANT, at 1455:00 HOURS, on the 9th day of April 2008 at 1425 SP GLERS MILL ROAD CAMP HILL, RONNIE BIE / .00 jl 7 /d? ?• 46 . 08 04/30/2008 THOMAS THOMAS HAFER Sworn and Su scibed to By: A 17011 SECRETARY by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Co ts: So Answers: Docketing 18.00 Service 15.00 r '?~ f+ Postage 3.08 Surcharge 10.00 R. Thomas Kline before me th's day eputy Sher F of A.D. PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 ` 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 4 SERVICE CALL. (717) 771-9601 WCTQ1 lit'TIE111iC SHERIFF SERVICE PLEASE TYPE ONLY ? 1 THRU 12 PROCESS RE CEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES 1 PLAINTIFFS/ Ph cdes Development Group Inc et al 2 COURT NUMBER 08-2202 civil TYPE OF WRIT OR COMPLA11 4 A . O T I C E , C I C 3. DEFENDANT/S/ S glers Mill Inc et al Notice and Complaint SERVE 5 NAM f ' INOIV UAL, C A Y, ORPORATION, ETC TO $ERVf QR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Payne l s 1 oo ing Dane c"?a Ferr y y 6 ADDR 1?1 S (STREET OR RFO WITH BOX NUMBER, APT N ., CITY, 8 R STATE AND ZIP CODE) Diller Road New Ctiunb^rlanc?, PA ?7b7T AT 7. INDICATE SERVICE: O PER ONAL U PERSON IN CHARGE XXI DEPUTIZE U CE T IL L1 1ST CLASS MAIL U POSTED U OTHER NOW A it 8 , 20 08 I, SHERIFF CF > COUNTY, PA, do hereby deputize the sheriff of York ri lake return t according COUNTY to execute this V1 to law. This deputization t , ieing made at the request and risk of the plaintiff., e V COUNTY SHERIFF OF M 8. SPECIAL INSTRUCTIONS OR O I . HER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICEO UT OF CO. ?? al it Please mai l return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WR IT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of w omever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or re moval of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of A TTORNEY / ORIGINATOR and SIGNATUIA N D A L L G. GALE, ESQ. 10. TELEPHONE NUMBER 11 DATE FILED P.O.BOX 999, HARR ISBURG, PA 17108-0999 1 717-255-7648 1 4-7-08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE - DO NOT WRITE BELOW TM LINE 13. 1 acknowledge receipt of the wrl 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 0 ?-9-08 5-6-08 16. HOW SERVED: PERSONAL ) RESIDENCE ( ) POSTED( POE( ) SHERIFF'S OFFICE ( ) OTHER SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 1 E A TITLE OF IN 10 AL SERVED/ LIST ADDRESS HERE IF NO HO ABOVE (Relationship to Defendant) 9 Da t$ rvice, 20 ?jp Hof e 1. ATTE i Int. Date Time M es Int Date Ti Miles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS 23. Advance Costs 24 Service ) Costs 25 N/F 26. Mileage 1 27. Postage 28 Sub Total 29. Pound 30 Notary 31. Surchg. 1 32. Tot. Costs 33 Cosis Due or Refund Check No. 34. Foreign County Costs 35. A dvance Costs 36 Service Costs 37 Notary Ce 38 Mileage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund 4th SO ANS S 41. AFFIRMED and subscribed to f re me this 44 Signature of 42 day of . Dep. Sheriff o . 46. Signature of York 47 DATE i IN G Tk RI , L S EA L County Sheriff - LISA! B:-".°.1'.^.AN NOTAPY PUBLIC RICHARD P. E RLEBE R, SHERIFF 4-24-2008 ( C: -1 Y C F YG . K. ;`,?} r- C .- - ^^"_ 48 Signature of Foreign 49 DATE ;?^'. ,;.+*, i?, :?pr... n.... .a, M+.. :,My :•+w.. ,?MN,. ,rcm.. „?,: ..:cwt :?N1A E :? - - ? hay 07, 7 07 Imam. PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 COUNTY OF YORKl 0 F 2 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 INSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINE 1 TH1RU 12 PROCESS RE CEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ Rhodes el0 irinenntl Group Inc et al 2 COURT NUMBER 08-2202 civil TYPE OF WRIT OR COMAN 4 3 DEFENDANT/s/ . OT I C E , C I C A Notice and Camplaint Span lers Mill Inc et al SERVE 5 NAME F INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD TQ Payne 6 ADORE S (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO. TWP . STATE AND ZIP CODE) AT 11 Diller Road New Cumberland, PA 17070 7. INDICATE SERVICE: ? PER SONAL 0 PERSON IN CHARGE Xl§ DEPUTIZE 0 CERT. MAIL ? 1ST CLASS MAIL 0 POSTED 0 OTHER NOW A it 8 20 08 I, SHERIFF OF C LINTY, PA, do ereby deputize the sheriff of York COUNTY to execute this the ording to law. This deputization b eing made at the request and risk of the plaintiff. -? , SHERIFF OF VBM C5U TTY 8. SPECIAL INSTRUCTIONS OR O THER INFORMATION THAT WILL ASSIST IN EXPEDITING SEBI 0 F C 0 Cmberland Please ma ADY FEE PAIrl 6 ' return of service to Ctmlberland County Sheriff. Thank you. Y CUMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON W IT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of omever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any bas. destruction, or r oval of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of TTORNEY / ORIGINATOR and SIGNATU_ RA N D A L L G. GALE, ESQ. 10. TELEPHONE NUMBER 11 DATE FILED P.O. BOX 999, HA RISBURG, PA 17108-0999 1 717-255-7648 4-7-08 12. SEND NOTICE OF SERVICE ?OPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE RELOW FOR USE OF THE SMWF -- DO NOT WRITE BELOW THIS I_W 13. 1 acknowledge receipt of the wri t 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. m.i mcniii Yuri 1 4-9 5-6-900R 16. HOW SERVED: PERSONAL RESIDENCE POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1 E TLE INDI d L SERVED / LIST ADDRESS HERE IF NOT OWN ABOVE (Relationship to Defendant) 19. Date Service 20 TimeVSeqfWfi fi t. A E TS ate ik nt. Date Time Miles Int to Time Miles Int Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. 22. REMARKS: 23. Advance Costs 24. Service Costs 25. N!F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due Refund heck No 100.00 J;? J4 ° C )o ,' ?00 J,' 7/ 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mdeage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund SO A RS 41. AFFIRMED and subscribed to f re me thi p p L 1 f? G? 42 day of y??: ?9r1#9 44. Signature of Dep. Sheriff O (7TF L S AL 46. Signature of York AC Y County Sheriff 47. DATE r LISAf v ,i ^aOTARYPUBLIC RICHARD P. U BER, SHERIFF 4-24-2008 CITY OF ? YORK COUNTY MY CC?.".^i S: 1 ` =1PF -, AUG. 12 2009 48. Signature of Foreign 49 DATE , County Sheriff tiuW I OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL 45 N. GEORGE'g ,YORK, PA 17401 INSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINE 1 THRU 12 PROCESS RE CEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPES 1 PLAINTIFF/S! P}j()d,:-,?s °1.0 merit Group Inc et d ???7x+?xx 2 COURT NUMBER 08-2202 civil 4 TYPE OF WRIT OR COMPLAIN O T I C E C I C A 3 DEFENDANTISI . , Notice c9ld Canx)ldint Spd `1Q,s'S -Mill Inc et el. SERVE 5 NAME F INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Te rry Payne 6 ADORE S (STREET OR RFO WITH BOX NUMBER, APT NO. CITY. BORO. TWP. STATE AND ZIP CODE) AT 11 0 Diller Road New CLanberland, PA 17070 7. INDICATE SERVICE y 0 PER SONAL ? PE SON CHARGE $EPUTIZ 0 C T IL : - ?ST CLAS$ MAIL UPOSTED _ U OTHER N OW -o fib X 20 I, SHERIFF OF COUNTY, PA, hereby deputiz?he sheriff of ram Y ding COUNTY to execute thi t f arn9 igi l"W to law. This diesputization - being made at the request and risk of the plaintiff., SHERIFF OF COUNTY 8. SPECIAL INSPRUCTIONS OR THER INFORMATION THAT WILL ASSIST IN EXPEDITING SE T 0 F C O _ yer -drl Please ma il rpturrA of service to Cumberland Cbunty Sheriff. Thdrll; 5-ru. ADV FEE PAID Y CUMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON W IT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of omever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss: destruction, or r oval of any property before sheriffs sale thereof- 9,:,TYPE NAME and ADDRESS of A TTORNEY /ORIGINATOR and SIGNATURR AN DAL L G. GALE, ESQ. 10. TELEPHONE NUMBER 11 DATE FILED P.Q. BOX 999, HA RISBUr2G, PA 17108-0999 1 717-2 5-7648 4-7-08 12. SEND NOTIC OF SERVICE OPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed) . CUMBERLAND CO SHERIFF ACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE _ 13. I acknowledge receipt of the r 14. DATE RECEIVED 1 115Expiration/Hearing Date or complaint as utdicated above. 4-9-2003 5-6-2008 16. HOW SERVED: PERSONAL ?x RESIDENCE ( POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. U /hereby certify and return NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) , 1 ? F AND TfiTLE OF.INDIVID UAL SERVED / LIST_ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1y. Date of Service 20 of Se 9606 21 ATTEMPTS Date ;.Time mile Int. Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS: I 23. Advance Costs 24. Service Costs 25 NIF 26 Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due or efund heck No $100.00 PA,Q, a 'A f 73 9,c0 1 (0 .a it ' 34. Foreign County Costs 35. dvance Costs 36 Service Costs 37 Notary Cerl 38. Mileage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund - SO AN RS . 41. AFFIRMED and subscribed to ? ??pp [`?? f e me his 44. Signature of , ? ? '?''__?- '. 42. day of Rot Dep. Sheriff ?.G 4 46. Signature of York l 47 DATE NCTAR ;;LSEAL County Sheriff LISA L.uO"." NOTARY PUBLIC I RICHAR P. KEU'ERt"EBER, SHERIFF 8 4-24-200 -' RK CCU NTY Y - , CITY OF YC ; MY COMMISS10tf L O 2009 M!RES AUG. 12 48 Signature of Foreign 49 DATE , County Sheriff 50. 1 ACKNOWLEDGE RECEIPT F THE SHERIFF'S RETURN SIGNATURE DATE 51 RECEIVED OF AUTHORIZED ISSUING A UTHORITY AND TITLE 1. WHITE - Isswng Avibionty 2. INK-Attorney 3 CANARY Sheriffs Office 4. BLUE - Shenfrs Office awl . ?G -.'? ... _ ,. .., .. 14 CAROL A. LEACH, VS. Plaintiff BEVERLY A. KELLER, JOSEPHINE M. PATTON and PATRICIA M. KELLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2022 CIVIL ACTION - LAW ACTION TO QUIET TITLE DEFENDANT'S ANSWER TO COMPLAINT TO QUIET TITLE AND NOW, comes Defendants, BEVERLY A. KELLER, JOSEPHINE M. PATTON AND PATRICIA M. KELLER, by and through their attorneys, The Law Offices of Jane M. Alexander, Esq., and files an Answer to Plaintiff's Complaint to Quiet Title and states as follows: I. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. ADMITTED. 7. ADMITTED. 8. ADMITTED. 9. ADMITTED. 10. ADMITTED. However, although the sunroom foundation was constructed on the same foundation as the garage, the sunroom addition encroaches further into Defendant's property than the garage foundation did prior to the addition. 11. DENIED. It is specifically denied that Defendant, Patricia M. Keller requested that the contractor move the sunroom addition back about one (1') foot from the edge of the existing garage foundation as Defendant, Patricia M. Keller first became aware of the roof overhang and air conditioner encroachment after the addition had been completed and the contractors were no longer on the premises. 12. DENIED. The answer set forth in paragraph 11 above is incorporated herein by reference as if fully set forth as the answer to the averment in paragraph 12. By the way of further answer, this statement is a factual impossibility as Defendant, Patricia M. Keller never in fact made the averred request to Plaintiff. 13. ADMITTED in so far as the garage foundation, however as noted by comparing Defendant's exhibit "A" with Defendant's exhibit "B" the new structure that was placed on top of the garage foundation encroaches further onto Defendant's property than the original foundation by approximately (1') foot.. 14. DENIED in so far as Plaintiff's exhibit "C" is in fact a proposed easement and not a survey and therefore Defendants can not ascertain what boundary line is being consented to. 15. ADMITTED. However, the sunroom addition was completed in 2003 which lengthened the encroachment of a few inches by approximately one (1') foot as indicated by comparing Defendant's exhibit "A" with Defendant's exhibit "B". 16. DENIED. To the contrary, the sunroom addition was completed in 2003 which lengthened the encroachment by approximately one (1') foot as indicated by comparing Defendant's exhibit "A" with Defendant's exhibit "B". Furthermore, the boundary line as set forth in Plaintiff's Exhibit "C" is in fact a proposed easement and not a survey. It was physically impossible for Plaintiff to have been in actual physical possession of the land as the sunroom was added in 2003. 17. DENIED. It is denied that Plaintiff is able to apply the doctrine of Consentable Boundary Line because any discussions that took place regarding the boundary line occurred after the completion of the sunroom. Because there was no discussion whatsoever between the parties before the completion of the sunroom, it is factually impossible to establish that the boundary line was a result of a compromise to a dispute thus negating the applicability of the doctrine of Consentable Boundary Line. 18. No answer is required to the averments of Paragraph 18 of the Complaint as the same constitute conclusions of law. In the event that it is determined that any of the said averments constitute allegations of fact, to which an answer is required, the same are denied and Paragraphs 10, 11, 13, 15, and 16 hereof are incorporated herein by reference as fully as though set forth at length herein. WHEREFORE, Defendants pray for an Order from this court dismissing the Plaintiff's cause of action and enter a decree establishing title in fee simple absolute in the Defendants to the exclusion of the Plaintiffs and all others for costs, attorney fees and for other such relief as this court deems equitable and just. Respectfully submitted, LAW OFFICES of JANE ALEXANDER Dated: E 4? By: , e-11' ?-- I Z= =' 7'0 / David W. Sunday Jr., Esqui Attorney I.D. No. 205500 148 S. Baltimore Street Dillsburg, PA 17019 (717) 432-4514 Attorneys for Defendant Verification I verify that the statements made in this ANSWER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: .SZ7/o d e r )Z.M?M? David W. Sunday Jr., Esq. DEFENDANT'S EXHIBIT "A" I O b A y H *.'-t No I a? as It .ol o d ? ?k wW x CONCRETE J oA ? /2" CbNCRETE w?4G? 0 O n? M? i g A coNC. DEFENDANT'S EXHIBIT "B" Ni o? 4jOW WW0„- om ??og '`o?Zo2 ?OOW W m N o? o?g U V p v J0.0 ' P N 76'43' 0 " E FO W aid 1 Post & Board c Stockcade o Fence ^? o tjj Survey doesnot ?) detail fence o ^ locations . on North and East \ Boundary Lines. vNOO 0 V 1.42 m o N 1. 12 °o Deck m 16.0" Su o° °o Room h Addition 16.0' ?ZA. ? O y O v C° o 0 S 0 O ^ ^ Z C, V ¢ Z Y- 0 m CY) -j w 4- Z N co c? 3 as o = O p Q Z?Z m O w w OR nwww . GO U CL w0 '? Q H2LL M <0 :1 C) ¢ ir C L o .J -' LL O f- O U a?u? Z O O N C U Z0 ° F- O N U II N s r O T w J Q W H U ? ¢ o 0 J a U `n z ? V) U ¢ ir f W W W U m 0 o m w W M S 0 0 W U) J 0 0 0 J o CO W v 0 > o ati Z Cn ti Q 0 C: Q i ? Y V Z W -0 C E ° C CI4 C w U) ~ <C Z z O = U_ _14.: 249 j St 15.7' GI U1 113.40' To Brick 1.4-1- 1 Church Rood , 00 - °T Columbia Rood 50' R/W -30' Paved Yid L5:6£:ZT LOOZ15VOT `g-PIMOZI 9!q-*0 LVZ\avo-a t+ISW ioz)\oaossNNad .Lsv3\vT2iaamo\sjoaro-ed\:o h x.? .?-- ?- -„? r`rr ? ? ? F .r .++ f^s '?'^t {TS w 4F ? ?`?' l CAROL A. LEACH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 08-2022 Civil Term BEVERLY A. FELLER, . JOSEPHINE M. PATTON and PATRICIA M. KELLER, : CIVIL ACTION - LAW Defendant : ACTION TO QUIET TITLE CERTIFICATE OF SERVICE c?fA v I, David W. Sunday, Jr., Esquire, hereby comfy that this / day of 4 2008, I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Pmeedwrt, by depositing a copy of the same with the United States Post Office at DM*w& Plyh-mia, fast class and, prepaid, and addressed as follows: I.inus E. Fenicle, Esquire Reager & Adler, P_C. 7331 Ma *r-t Stnx4 Camp Dill, PA 17011 Date: -S j -7/ a g- David W. Sunday, Jr., Esquire Attorney I.D. #205500 148 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 4324514 ?a Q 37fi f C71 I 1\ REAGER & ADLER, P.C. BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 E-mail: Lfenicle@ReagerAdlerPC.com CAROL A. LEACH, IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-2022 BEVERLY A. KELLER, JOSEPHINE M. PATTON and PATRICIA M. KELLER, CIVIL ACTION - LAW Defendants ACTION TO QUIET TITLE PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as withdrawn and discontinued. Respectfully submitted, REAGER & ADLER, PC Dated: 811-?08 By: fo 54:; Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff CERTIFICATE OF SERVICE A I, Linus E. Fenicle, Esquire, hereby certify that this a day of August, 2008, I served a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Post Office, at Camp Hill, Pennsylvania, through first class mail, postage prepaid, and addressed as follows: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Dated: g I..3 6 $ By: Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff c? -n , ... 23 ? nz