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HomeMy WebLinkAbout04-0646EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ACTION TO QUIET TITLE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : ACTION TO QUIET TITLE COMPLAINT NOW, comes the Plaintiffs in the above-captioned matter by and through their counsel, SALZMANN, HUGHES, & FISHMAN, 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, Edith L. Werdebach is an adult individual residing at 78 Dane Court, Hampton, Virginia, 23666. 2. Plaintiff, Charlene A. Thompson, is an adult individual residing at 1619 Big Bend Drive, Killeen, Texas, 76549. 3. The heirs at law of Sara J. Tucker Rice are named Defendants who are unknown and whose present addresses and whereabouts are unknown. 4. The title to the herein described premises, known and numbered as 371 C Street, Carlisle, Permsylvania, became vested in Sarah J. Tucker by Deed from Mary Highlands dated February 8, 1912, being recorded in Cumberland County Deed Book V, Vol. 7, at page 124. A true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. 5. Sarah J. Tucker died testate February 14, 1928, whereby title to the herein described premises became vested in Ruth A. Tucker Jackson, Sara J. Tucker Rice and Edythe L. Tucker Guerrant, sisters, who were daughters and sole surviving issue of Sarah J. Tucker. 6. Edythe L. Tucker Guerrant by Deed dated February 20, 1967, and recorded in Cumberland County Deed Book G, Vol. 22, at page 180, conveyed her one-third (1/3) interest in the herein described premises to her sister Sara J. Tucker Rice; thereby giving Sara J. Tucker Rice a two-third (2/3) interest and her sister Ruth A. Jackson a one-third (1/3) interest. A true and correct copy of said Deed is attached hereto, marked as Exhibit "B" and incorporated herein by reference. 7. Sara J. Tucker Rice died in June of 1978. At that time, it is believed that she was survived by one son, namely Har~ Williams, who died in 1994 with no issue, and one daughter, namely Jean Lomsey, who predeceased her with no issue. Upon information and belief, the only known remaining surviving issue of Sarah J. Tucker after the death of her son and daughter was Ruth A. Jackson, her sister. 8. After reasonable investigation it is Plaintiff's belief that Ruth A. Jackson resided in the herein described premises from the early 1930's until her death at age 84. It is also believed that Ruth A. Jackson paid the real estate taxes to the premises described as follows: ALL that certain lot of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a certain point on "C" Street; thence along said street 33 feet to Franklin Street; thence along said Franklin Street, 150 feet more or less to a 16 foot alley; thence East along said alley 33 feet to land of Henry C. Fackles; thence South by land of Henry B. Fackles 150 feet more or less to "C" Street the place of begirming. The same being part ora larger tract of land of Block N. 16 according to the plan of lots laid out by the Carlisle Land and Improvement Company, recorded in Miscellaneous Book Volume 11, Page 572. ("Property") 9. Ruth A. Jackson died August 8, 1988. Upon her death, Ruth A. Jackson at age 84, in her Last Will and Testament, attached hereto as Exhibit "C" and incorporated herein by reference, bequeathed her interest in the real estate described above to her granddaughter Charlene A. Thompson, formerly known as Charlene A. Jackson, a named Plaintiff herein. 10. The Last Will and Testament of Ruth A. Jackson was duly probated at the Register of Wills of Cumberland County, Pennsylvania on August 17, 1988, a copy of the Petition for Probate and Grant of Letters and Decree of Probate and Grant of Letters are attached hereto marked Exhibits "D"& "E" respectively and are incorporated herein by reference. 11. From 1988 until the present, Edith L. Werdebach, Plaintiff named herein has been in possession of the Property; paid the real estate taxes associated with the Property; and has made improvements to the Property through the current date. 12. Plaintiffs and their predecessors in title have been in continuous possession of the aforesaid premise since February 8, 1912 which said possession has been continuous, open, notorious and hostile since said date to the time of the filing of this Complaint. 13. Subsequent to the death of Ruth A. Jackson, Plaintiff Charlene A. Thompson, left Pennsylvania prior thereto and executed a Power-of-Attorney to Plaintiff Edith L. Werdebach with fight to matters concerning the Property. 14. None of the Defendants have ever made any claim for possession of, or of title to the premises herein described, nor has any action of ejectment or other proceeding ever been instituted to obtain possession. However, Defendants, as heirs of Sara J. Tucker Rice may claim to have an interest or claim in the herein described premises. These alleged or purported claims of the Defendants may constitute a cloud upon the marketability of the title of Plaintiff. WHEREFORE, Plaintiff prays that a decree by entered forever barring the defendants and their heirs, personal representatives and assigns, from asserting any right, title or interest in or to the real estate described unless within twenty (20) days fi.om the date of the service of the Complaint, the Defendants or their heirs, personal representatives or assigns commence an action of ejectment. Respectfully submitted, , & FISHMAN, P.C e d, Ste 3 013 Attorney for Plaintiff VERIFICATION The foregoing Complaint on behalf of the Plaintiffs, Edith L. Werdebach and Charlene A. Thompson, by and through her Attorney in Fact, Edith L. Werdebach, is based upon information which has been gathered by counsel for the Plaintiffs in the preparation of this Document. The statements made in this Complaint are true and correct to the best of the counse?s knowledge, information and belief. The verification of Edith L. Werdebach cannot be obtained within a timely fashion for filing this Document. The undersigned is therefore verifying on behalf of Edith L. Werdebach, individually and as Attorney in Fact for Charlene A. Thompson, according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Exhibit "A" .~Ttteleenhundreda.d S xty-aeven %usband oF Harrisburg~ Dauphin Count~, Permsylvania~ Grentorn day o/ February , itt the !tear ~1~ 'P/tat In eonsld~tlott ~ *One ( hereby release and ~uit..Ulaitt& to the said ~rantee any and all interest they may have ~nl~ll that certain lot of groand situate in the Borough or Garlille~ County or Cumberland and State o~ Pennsylvania~ bounded and described ~£GI~Ni~G at a certain, point on '~' Street~ thence along acid street ~hi~ty-three (33) feet to ~ranklln Street; thence along said Franklin Street Gne Hundred and rlrty (1~O) reef more or leas to a sixteen (~6) foot alleyl thence east along said alley thirty-three (3~) reef to land of Henry D. Fackles; thence south by land Henry 5. ~acklea One Hundred and fifty (1~o) reef more or less to ~ Street the place or be£1nnln~. The acme being part o~ a larger tract of land or Clock ~o 1~ according to the ~an or iota laid out 'by the ~arlisle Land and improvement Company~ recorded in I!iscel- [anlous 8ODEt ~olume 11t Pa£e ~.~'2,74,~ 180 Exb_ibit. "B" il On thin the *4nno Doming 19 , before mg, .aSt Ii1[ estament Z, RUTH A. JACXSON, of ~?1 "C" Street, Carlisle, Cumberland County, Pennsylvania~ do make and publish this as and for m2 last will and testament, hereby revoking any and all wills heretofore made by me. 1. I direct m2 executrix to pa2 all of m2 debts, funeral and administrative expenses as' soon aa convenient after my decease. 2. Z direct and empower my executrix to sell any real and/or personal property owned by me at my death, at eithar public or privat~ sale or sales, and to give good and sufficient deeds and/or Mills of sale therefor, in fee simple, as I could do if living~ ~. Ail the r~st, residue and remainder of my property; real and personal, including the net proceeds of the sale or sales of real and personal property, I give, devise and bequeath to my granddaughtez, Charlene A. Jackson, Carlisle, Pennsylvania. Should there he any f~rnitu~e or household equipment not desired by herj I suggest that she give such ~o my children. 4. I nominate and appoint Charlene A. Jackson to be the executrix of this my lasM will and teetamen~ without the filing of an~ bond. Should she .die before my death, renounce or refuse to serve ~o! any reason, or die leaving any of my estate unadministered, I nominate and appoint Roger B. ~rwin as substitute executor, with the same powers as are given herein to my executrix, and also without ~he filing o£ any bond. 5. I direct that Irwin, Irwin & Irwin, Carlisle, Pennsylvania be retained as attorneys in the settlement of ~F estate. Signed, sealed, published and declared My the within named Exhibit "C" PETITION FOR PROBATE and GRANT OF LETTERS R~J3i A. JAC~C~ No, ,~l-c~ ~&/4/ ~eglsler orWilIs for the ,...-- OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF pENNSYLVANIA COUNTY OF lOZ,l Exhibit "D" ?. REGISTER OF WILLS OF Cumberland COUNTY OATH OF SUBSCRIBING WITNESS Roger B, (~]~ · sub~ctlbtn8 wim~ to (Address] "=.' ~EGISTER OF WILLS OF ~erle~ COUNTY ~. ~ ATH OF NON-SUBSCRIBING WITNESS ~ . ~oger B, I~ and Marcus A. MoKntE~C, III , ) 60 ~est pomfret ~, C~rllsle, PA 17013 No, 21 ° 86 - 614 Estate of ~ A. ~A~O~ DECREE OF PROBATE AND G~NT OF ~ ~Jr~ A, JACKSO~ ; ~T. ES Short C.~nfflc~tc~ 21 .......... S 4 - o~ F~ .a~;,q$~.~2,1~ ............. iOZG I Exhibit "E" EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ACTION TO QUIET TITLE PETITION FOR LEAVE FOR SERVICE BY PUBLICATION 1. Petitioners are Edith L. Werdebach and Charlene A. Thompson by her Attorney in Fact, Edith L. Werdebach, the Plaintiffs in the above-captioned action. Petitioners on the 13th day of February, 2004, by and through their legal counsel, Salzmann, Hughes & Fishtnan, P.C., filed with the Prothonotary of Cumberland County an action to quiet title whereby they requested that title to the following tract of ground be quieted and that it be determined that they have sole fee simple title to the same. ALL that certain lot of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a certain point on "C" Street; thence along said street 33 feet to Franklin Street; thence along said Franklin Street, 150 feet more or less to a 16 foot alley; thence East along said alley 33 feet to land of Henry C. Fackles; thence South by land of Henry B. Fackles 150 feet more or less to "C" Street the place of beginning. The same being part of a larger tract of land of Block N. 16 according to the plan of lots laid out by the Carlisle Land and Improvement Company, recorded in Miscellaneous Book Volume 11, Page 572. 2. The Petitioners, after making a diligent search and inquiry, have been unable to ascertain the existence and present location of any additional heirs who may have a claim of interest to the above described premises. WHEREFORE, the Petitioners respectfully asks leave of court to obtain service of the Complaint in the instant matter upon the Respondents by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and role 1066-4. Respectfully submitted, & FISHMAN, P.C. Ste 3 13 Attorney for Plaimiff VERIFICATION The foregoing Petition For Leave To Obtain Service In The Above-Captioned Action To Quiet Title on behalf of the Plaintiffs, Edith L. Werdebach and Charlene A. Thompson, by and through her Attorney in Fact, Edith L. Werdebach, is based upon information which has been gathered by counsel for the Plaintiffs in the preparation of this Document. The statements made in this Petition are true and correct to the best of the counsel's knowledge, information and belief. The verification of Edith L. Werdebach cannot be obtained within a timely fashion for filing this Document. The undersigned is therefore verifying on behalf of Edith L. Werdebach individually and as Attorney in Fact for Charlene A. Thompson, according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsw~ Date: ~//~-~//~¢ ~ D. Hughes, Esquire EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this J~day of -,_ff~g~, 2004, upon consideration of the foregoing Petition it is hereby Ordered that service of this Complaint and other related matters, in an action to quite title be had upon the Defendants generally, by publication pursuant to Cumberland County role 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3, and Rule 1066-4. Said publications shall be by public notice by one publication in a newspaper of general cimulation in the cotmty and in the Cumberland Law Journal. The Plaintiff/Petitioner is directed to obtain service in accordance with the applicable rules on all individuals whose addresses and whereabouts can be determined after a diligent search. If no answer be filed or appearance be made, a judgment be default may be taken against the aforesaid Defendants/Respondents, their heirs, personal representatives or assigns. EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs V. HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : ACTION TO QUIET TITLE : PETITION FOR LEAVE FOR SERVICE BY PUBLICATION 1. Petitioners are Edith L. Werdebach and Charlene A. Thompson by her Attomey in Fact, Edith L. Werdebach, the Plaintiffs in the above-captioned action. Petitioners on the 13th day of February, 2004, by and through their legal counsel, Salzmann, Hughes & Fishman, P.C., filed with the Prothonotary of Cumberland County an action to quiet title whereby they requested that title to the following tract of ground be quieted and that it be determined that they have sole fee simple title to the same. ALL that certain lot of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a certain point on "C' Street; thence along said street 33 feet to Franklin Street; thence along said Franklin Street, 150 feet more or less to a 16 foot alley; thence East along said alley 33 feet to land of Henry C. Fackles; thence South by land of Henry B. Fackles 150 feet mom or less to "C" Street the place of beginning. The same being part of a larger tract of land of Block N. 16 according to the plan of lots laid out by the Carlisle Land and Improvement Company, recorded in Miscellaneous Book Volume 11, Page 572. 2. The Petitioners, after making a diligent search and inquiry, have been unable to ascertain the existence and present location of any additional heirs who may have a claim of interest to the above described premises. WHEREFORE, the Petitioners respectfully asks leave of court to obtain service of the Complaint in the instant matter upon the Respondents by publication pursuant to Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and role 1066-4. Respectfully submitted, & FISHMAN, P.C. ~ames~. Hughes, Esquire Supff/4or Court No.58884 95.~..1,ex~der Spring. Road, Ste 3 JZarlisle, Pennsylvania 17013 (717) 249-6333 Attorney for Plaintiff VERIFICATION The foregoing Petition For Leave To Obtain Service In The Above-Captioned Action To Quiet Title on behalf of the Plaintiffs, Edith L. Werdebach and Charlene A. Thompson, by and through her Attorney in Fact, Edith L. Werdebach, is based upon information which has been gathered by counsel for the Plaintiffs in the preparation of this Document. The statements made in this Petition are tree and correct to the best of the counsel's knowledge, information and belief. The verification of Edith L. Werdebach cannot be obtained within a timely fashion for filing this Document. The undersigned is therefore verifying on behalf of Edith L. Werdebach individually and as Attorney in Fact for Charlene A. Thompson, according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsw~ Date: ~//~${~ ¢ ~D. Hughes, Esquire EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs V. HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-646 ACTION TO QUIET TITLE DECREE OF COURT NOW, this day of ~ ,2004, an affidavit of service of the Complaint with Notice to Plead, being att~hed hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Petition and upon motion of James D. Hughes, Esquire, Attorney for Plaintiffs, It is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiffs. Said tract of land is described as follows: ALL that certain lot of ground situate in the Borough of Carlisle, County of Cumberland and State of Permsylvania, bounded and described as follows: BEGINNING at a certain point on "C" Street; thence along said street 33 feet to Franklin Street; thence along said Franklin Street, 150 feet more or less to a 16 foot alley; thence East along said alley 33 feet to land of Henry C. Fackles; thence South by land of Henry B. Fackles 150 feet more or less to "C" Street the place of begimfing. The same being part of a larger tract of land of Block N. 16 according to the plan of lots laid out by the Carlisle Land and Improvement Company, recorded in Miscellaneous Book Volume 11, Page 572. It is further ORDERED AND DECREED that the Defendants and each of them be forever barred fi'om asserting any right, lien, title or interest in or to the herein described parcel of land inconsistent with the interest and claim of the Plaintiffs' 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 Plaintiffs for recovery of the same within thirty (30) days. BY THECOURT, EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs HEIRS OF SARA J. TUCKER RICE, Deceased, : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-646 ; ACTION TO QUIET TITLE Defendants PETITION FOR FINAL DECREE OF COURT TO: THE HONORABLE JUDGES OF SAID COURT NOW, this ~l'¥dayof /~glr& ,2004, comes James D. Hughes, Esquire, attorney for the above-named Plaintiffs 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 February 11, 2004 of this Honorable Court, 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 Plaintiffs move this Honorable Court to enter judgment in their favor and against the Defendants and grant the Plaintiffs the relief prayed for in their Complaint in accordance with PA..C.P. 1066(a) and (b) (1). / J~./D. Hughes, Esquire / ~Fupj~ior Court No.58884 [ S/(LZMANN, HUGHES, & FISHMAN, P.C. { ,/95 Alexander Spring Road, Ste 3 ~ Carlisle, Pennsylvania 17013 (717) 249-6333 Attorney for Plaintiffs EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs V. HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-646 ACTION TO QUIET TITLE AFFIDAVIT NOW, comes James D. Hughes, Affiant, who being duly deposed, does state the following: 1. In accordance with Order of Court dated February 11, 2004, I did cause to be placed for publication a Notice as to the above-captioned action. 2. Attached hereto and incorporated as Exhibits A and B, respectively, are copies of the Proofs of Publication from the Cumberland Law Journal and the Carlisle Evening Sentinel along with the Notices as published. 3. Twenty (20) days has elapsed since publication of the Notices in the Cumberland Law Journal and the Carlisle Evening Sentinel. 4. No responsive pleading has been filed by any party to the Complaint, now 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 as Exhibit C. 5. Diligent search has been made to obtain addresses or whereabouts of all individuals named by contacting relatives of Plaintiffs that may have information regarding heirs of Sara J. Tucker Rice. Sworn to and Subscribed before me ~~4 CO MOSV T. OR PE S Vm^ Angela F. Unger, Notary Public I outh Middletun Tw~., Cumberland County I My Commission Ex'vires Oct. 7, 2004 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 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the 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 5, 2004 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. SW~n~ TO AND SUBSCRIBED before me this 5 day of MARCH, 2004 LOIS E. SNYDER, Notary Public CaHisle Boro, Cumberland County My Commission Expires March 5, 2005 ~l~hibit "A" PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internal Director 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 atta~ched hereto is exactly the same as was printed and published in the regular editions and issues of THE SEN~TINEL on the following dates, viz Copy of Notice of Publication EDITH L. WERDESACH and CHARLENE A. THOMPSON, Sy r~er Attorney in Fact. EDITH L. WERDESACH. NOTICE : IN THE COURT OF COMMON PLEAS OF : CUMSERLAND COUNTY. PENNSYLVANIA HEIRS OF SARA J TUCKER RICE. :ACTION TO QUIET TITLE Deceased. Defendants : To The Heirs of Sara J. Tucker Rice: The Sentinel February 28, 2004 r deposes that he is not interested in .atter of the aforesaid notice or t, and that all allegations in the YOU are notified thai the plaintiffs, Edith L. Werdebech and Charlene A. Thompson, tement as to time, place and character have comraencee an action to quiet title against you entered to NO. 04-646 CIVIL in the Court of Common Pines of Cumber and County, Pennsylvania. which you ami are true required to defend. This action concerns the land here described: ALL that certain lot ot grouncl situate in the Borough of Carlisle, County of Cumberland aed State of Pennsylvania bounded and described as follows: BEGINNING at a certain point on "C" Street; thence along said street 33 feet to Franklin Street; thence along said Franklin Street, 150 feet more or lees fo a 16 foot alia; thence East along said alley 33 feet o and of Henn~ C. Fackles; thence~'~uthbyiandofHenryB. Fackles 150 feet more or less to 'C" Straet the March 3, 2004 place of beginning. The same being part of a ~rger tract of land of Bk~Ck N. 16 according Io the plan of ~ots laid out by the Car/Isle Land and Improvemeet Company, recorded in Miscellaneous BOOk Volume 11, Page 572. ("Preperiy"} BEING known end numbered 371 C Street, Carlisle, Pennsylvania, 170f3 You have been sued in court. It you wish to defend against the claims set Iodh in the ~.subscribed before me this 251h lollowing pages, you must take action w th n lwenly (20) days after this complaint and ~ February ,2004. noticeareserved, byentetlngawrgfenappearancepersonallyorbyatforneyandfliing ~ in writing with the court your defenses or objections to the claims set forth against you. Yeu are warned that ti you fei~ o do so the case may proceed without you and a Q /(~pl .tiff. You may inse money or properly or other rights important to you. ~ } Notary Public iudgment may tie entered against you by the court w;thoul further notice for monea~ claimed in the complaint of' for any other claim or relief requested by the ~ - YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County BarAssoclallon onexpires: 2 Libedy Avenue Cadtsin, PA 17013 (717) 249-3166 SERVE LEGLA PAPTER TO: ' James D. Hughes, Esquire SALZMANN, HUGHES & FJSHMAN, P.C. 95 Alexander Spring Read Suite 3 Car/is e. Pennaylvani~ 17013 (717) 249-6333 Attorney for Plaintiffs )TARIAL SEAL ~.. NELL, Notary Public , Cumbeflar~ County ~ion Expires Nov. 24~ ;~{)05 Exhibit "B" CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 04-646 Civil EDITtt L. WERDEBACH and CHARLENE A, THOMPSON, by her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs HEIRS OF SARA J. TUCKER ~R1C E, Deceased, Defendants ACTION TO QUIET TITLE To the Heirs of Sara J. Tucker Rice: You are notified that the Plain- tiffs, Edith L. Werdebach and Char- lene A. Thompson, have commenced an action to quiet title against you entered to NO. 04-646 CML in the Court of Common Pleas of Cumber- land County, Pennsylvania, which you are required to defend. This action concerns the land here described: ALL that certain lot of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and de- scribed as follows: BEGINNING at a certain point on ~C~ Street: thence along said street 33 feet to Franklin Street; thence along said Franklin Street, 150 feet more or less to a 16 foot alley; thence East along said alley 33 feet to lmud of Henr~ C. Fackles; thence South by land of Henry B. Fackles 150 feet more or less to "C" Street the place of beginning. The same being part of a larger tract of land of block N. 16 according to the plan 6 of lots laid out by the Carlisle Land and Improvement Company, re- corded in Miscellaneous Book Vol- ume 1 l, Page 572. {~Properb3~) BEING known and numbered 371 C Street, Carlisle, Pennsylva- nia 17013. 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 no- tice are served, by entering a wrlt- ten appearance personally or by at- torney 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 ease 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 plain- tiff. You may lose money or prop- erty or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 {717) 249-3166 JAMES D. HUGHES, ESQUIRE SALZMANN, HUGHES & FISHMAN, P.C. Attorneys for Plaintiffs 95 Alexander Sprlng Road Suite 3 Carlisle, PA 17013 {717) 249-6333 Mar. 5 15431203302004 Cumberland County Prothonotary's Office PYS£35 Docket Entries Case No 2004-00646 WERDEBACH EDITH L ET AL (VS) RICE SARA J TUCKER HEIRS OF Date Filed Pa~e 2 3/~.0/2004 COMPLAINT - SAID PUBLICATIONS SHALL BE BY PUBLIC NOTICE BY ONE PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN COUNTY AND IN CUMBERLAND LAW JOURNAL - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ....................... End of Docket Entries ................................. Exhibit "C" EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-646 CIVIL ACTION TO QUIET TITLE MOTION FOR FINAL DECREE A2qD ORDER OF COURT CONFIRMING JUDGMENT NOW, comes the Plaintiffs in the above-captioned mattel: by and through their counsel, SALZMANN, HUGHES, & FISHMAN, P.C., and files this Motion: 1. Plaintiff, Edith L. Werdebach is an adult individual residing at 78 Dane Court, Hampton, Virginia, 23666. 2. Plaintiff, Charlene A. Thompson, is an adult individual residing at 1619 Big Bend Drive, Killeen, Texas, 76549. 3. The heirs at law of Sara J. Tucker Rice are named Defendants who are unknown and whose present addresses and whereabouts are unknown. 4. By Complaint duly endorsed with Notice to Plead and filed on February 13, 2004 to the above term and number, Plaintiffs instituted an action against the Defendants to Quiet Title to a parcel of real estate located at 371 C Street, Carlisle, Pennsylvania. 5. Service by Publication was made upon Defendants on March 5, 2004 and February 28, 2004 pursuant to Order of Court dated February 11, 2004. 6. On April 1, 2004, no Answer or Appearance havi[ng been filed by or on behalf of any Defendant, Plaintiffs filed a Petition for Final Decree of Court. 7 On April 1, 2004, Honorable George E. Hoffer entered an Order of Court which stated in pertinent part as follows: It is further ORDERED AND DECREED that the Defendants and each of them 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 Plaintiffs' title to said land; from issuing or maintaining any action attacking the same; or from encumbering, The Last Will and Testament of Ruth A. Jackson was duly probated at the Register of Wills of Cumberland County, Pennsylvania on August 17, 1988. From 1988 until the present, Edith L. Werdebach, Plaintiff named herein has been in possession of the Property; paid the real estate taxes associated with the Property; and has made improvements to the Property through the current date. Plaintiffs and their predecessors in title have been in continuous possession of the aforesaid premise since February 8, 1912 which said possession has been continuous, open, notorious and hostile since said date to the time of the filing of this Quiet Title Action. Subsequent to the death of Ruth A. Jackson, Plaintiff Charlene A. Thompson, left Pennsylvania prior thereto and executed a Power-of-Attorney to Plaintiff'Edith L. Werdebach with right to matters concerning the Property. None of the Defendants have ever made any claim for possession of, or of title to the premises In~erein described, nor has any action of ejectment or other proceeding ever been instituted to obtain possession. However, Defendants, as heirs of Sara J. Tucker Rice may claim to have an interest or claim in the herein described premises. These alleged or purported claims of the Defendants may constitute a cloud upon the marketability of the title of Plaintiffs. 9. More than thirty (30) days have passed since the entry of the Order of Court dated April 1, 2004 directed the Defendants to file an Action in Ejectment or be forever barred from asserting a claim or interest in or to the premises. 10. Plaintiffs request an Order of Court Confirming the Judgment entered by default against the Defendants to enable the judgment to be recorded in the Office of the Recorder of Deeds in and for Cumberland County. 11. Attached hereto and made a part hereof is a proposed Order of Court stating the Judgment consistent with the relief requested by Plaintiffs' Complaint and authorizing and directing the same to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. WHEREFORE, Plaintiffs request this Honorable Court to issue the attached Order to enable a permanent record of the Judgment to be filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. Respectfully submitted, SALZM~UGHES, & FISHMAN, P.C am/Jam~ ~.le[ughes, Esquire ~r Court No.58884 95//Alexander Spring Road, Ste 3 /Carlisle, Pennsylvania 17013 ~ (717) 249-6333 Attorney for Plaintiffs EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-646 ACTION TO QUIET TITLE  DECREE OF COURT NOW, this L day of~ __, 2004, an affidavit of service of the Complaint with Notice to Plead, being att~hed hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Petition and upon motion of James D. Hughes, Esquire, Attorney for Plaintiffs, It is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiffs. Said tract of land is described as follows: ALL that certain lot of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a certain point on "C" Street; thence along said street 33 feet to Franklin Street; thence along said Franklin Street, 150 feet more or less to a 16 foot alley; thence East along said alley 33 feet to land of Henry C. Fackles; thence South by land of Henry B. Fackles 150 feet more or less to "C" Street the place of beginning. The same being part of a larger tract of land of Block N. 16 according to the plan of lots laid out by the Carliisle Land and Improvement Company, recorded in Miscellaneous Book Volume 11, Page 572. It is further ORDERED AND DECREED that the Defendants and each of them 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 Plaintiffs' 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 ejectmem is filed against the Plaintiffs for recovery of the same within thirty (30) days. BY THE COURT, May 5, 2004, Final Judgment is hereby entered in favor of the Plaintiff and against Defendant Pursuant to PA R C P Rule No. 1066 and Local_ Ru~ 1066.4. C~is-, R. L~;'l~t>ro~onotary EDITH L. WERDEBACH and CHARLENE A. THOMPSON, By her Attorney in Fact, EDITH L. WERDEBACH, Plaintiffs V. HEIRS OF SARA J. TUCKER RICE, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-646 CIVIL : ACTION TO QUIET TITLE ,AY 0 4 200~._~ ORDER OF COURT AND NOW, this ,~Vvl day of May, 2004, on Motion of the Plaintiffs, by their attorney, James D. Hughes, Esquire, Default Judgment having been entered against the Defendants on April 1, 2004, and more than thirty (30) days having passed since the date of the Order, JUDGMENT BE AND IS HEREBY ENTERED IN ACCORDANCE WITH THE REQUEST OF THE PLAINTIFFS AS FOLLOWS: 1) Title to the property located at 371 C Street, Borough of Carlisle, Carlisle, Pennsylvania, Cumberland County, Pennsylvania is jointly held by Plaintiffs: Edith L. Werdebach, surviving heir of Sara J. Tucker Rice; and, Charlene, A. Thompson by Last Will and Testament of Ruth A. Jackson who died August 8, 1988. 2) A true and correct copy of this Order, and the accompanying Motion, shall be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, upon presentation and payment of the applicable recording fees by the Plaintiffs. By the Court, ~! J. May 5, 2004, Final Judgment is hereby entered in favor of tlhe Plaintiff and against Defendant Pursuant to PA R C P Rule No. 1066 and Local Rule 1066.4.~