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HomeMy WebLinkAbout08-3297DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?- :3aq 7 NO. CIVIL TERM KOLLAS AND COSTOPOULOS, a,- Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER: Co-Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, ACTION TO QUIET TITLE Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an 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. 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, Pennsylvania 17013 (717) 249-3166 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, ; JOHN N. MALLIOS, VASILIKI MALLIOS, : ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually : NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER: Co-Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, ; IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, : their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, : Defendants NO. CIVIL TERM ACTION TO QUIET TITLE COMPLAINT NOW, come the Plaintiffs in the above-captioned matter by and through their counsel, O'BRIEN, BARIC & SCHERER, and file this Complaint in an Action to Quiet Title against the above designated defendants, and in support thereof set forth the following: Plaintiffs, Donald W. Fisher and Mary A. Fisher are adult individuals, husband and wife, residing at 517 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Plaintiffs, Constantinos J. Mallios and Elaine Mallios, are adult individuals, husband and wife, residing at 715 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Defendant, Kollas and Costopoulos, is a Pennsylvania Partnership with an address of 1104 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. Defendant, Conrail, is a corporation and has a principal place of business at 1000 Howard Boulevard, 4th Floor, Mt. Laurel, New Jersey, 08504. 5. Defendant, John N. Mallios, is deceased, late of Cumberland County, no estate ever having been opened. 6. Defendant, Vasiliki Mallios, is an adult individual, residing at 224 Heisers Lane, Carlisle, Cumberland County, Pennsylvania. 7. Defendant, Estate of Demetrios I. Mallios, is an estate, number 21-03-906, which was opened by Edward L. Schorpp, Esquire on October 27, 2003, and the wife of the late Demetrios I. Mallios, Polixeni "Jane" Mallios, serves as executrix. The address of Jane Mallios is 59 Strayer Drive, Carlisle, Pennsylvania, 17013. 8. Defendant, Nicholas Mallios, is an adult individual, residing at 6 Triplett Court, Dillsburg, York County, Pennsylvania, 17019. 9. Defendant, Thomas N. Papoutsis, is an adult individual, residing at 9594 Possum Hollow Road, Shippensburg, Franklin County, Pennsylvania, 17257. 10. Defendant, Ettie C. Papoutsis, is an adult individual, residing at 9594 Possum Hollow Road, Shippensburg, Franklin County, Pennsylvania, 17257. 11. Defendant, Norfolk Southern Railway Company, is a corporation with a principal place of business located at 3 Commercial Place, Norfolk, Virginia 23510. 12. Defendant, Jenny Lee Shue, is an adult individual, residing at 44 South Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 13. Defendant, Eastern Real Estate Company, is a corporation. After a diligent search through public records and internet searches, Plaintiff s Counsel has been unable to locate Defendant, Eastern Real Estate Company. 14. Defendant, Reading Company, is a corporation with a registered agent located at c/o CT Corporation System, 1515 Market Street, Suite 1210, Philadelphia, Pennsylvania, 19102. 15. Defendant, Estate of John Frazer, is an estate, number 21-02-0095, which was opened by Roger B. Irwin, Esquire on January 24, 2002, and the daughters of the late John Frazer, Lois Holtry and Elizabeth Witmer serve as co-executrices. The address of Lois Holtry is RR 1 Box 809, Port Royal, Pennsylvania 17082. The address of Elizabeth Witmer is 100 Rolo Court, Mechanicsburg, Pennsylvania 17055. 16. Defendant, Mary E. Frazer, is deceased, late of Cumberland County, no estate ever having been opened. 17. Defendant, Fred E. Gelsinger, is an adult individual, residing at 612 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 18. Defendant, Roy E. Gelsinger, is deceased, late of Cumberland County, no estate ever having been opened. 19. Defendant, Marie Gelsinger, is deceased, late of Cumberland County, no estate ever having been opened. 20. Defendant, Ira D. Rickrode, is deceased, late of Cumberland County, no estate ever having been opened. 21. Defendant, Ruth V. Rickrode, is deceased, late of Cumberland County, no estate ever having been opened. 22. Defendant, Thomas E. Kendall, is an adult individual, residing at 513 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 23. Defendant, Doris B. Kendall, is an adult individual, residing at 513 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 24. Defendant, Lloyd J. Edris, is an adult individual, residing at 16 Makenzee Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 25. The Defendants include individuals whose present addresses and whereabouts are unknown, a diligent search of the records of Cumberland County having been made in an effort to determine the addresses and whereabouts of said Defendants, said Defendants being the named Defendants and heirs-at-law and successors. Further, Plaintiff's counsel has caused the named Defendants to be searched through a Westlaw database for individuals and businesses with said database accessing all Pennsylvania records as set forth in Exhibit "A" attached hereto and incorporated by reference. 26. The title to the herein described premises became vested in the Plaintiffs, by their Deed dated September 8, 2003 and recorded in Cumberland County Deed Book 259 at Page 1321. 27. Plaintiffs are the owners as aforesaid and are in sole and exclusive possession of the following described real estate: ALL THAT CERTAIN unimproved tract of land, situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the southwestern corner of Tract #2 of land owned by Donald W. Fisher and Mary A. Fisher, which is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 219, Page 872; thence North 88 degrees 50 minutes West, 115.85 feet to a point; thence along lands now or formerly of Kollas and Costopoulos, North 00 degrees 16 minutes 45 seconds East, 108.11 feet to a point; thence South 88 degrees 50 minutes East, 115.00 feet, more or less, to the northeastern corner of the aforesaid Tract #2; thence South 00 degrees 31 minutes East, 108.00 feet to a point, the place of BEGINNING. Also being Parcel 1019A as referenced in Deed Book 166, Page 885, from Constantinos J. Mallios and Elaine Mallios to Kollas and Costopoulos: ALL that certain lot or tract of land in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with Land Survey for Constantinos J. Mallios, by Carl David Bert, Registered Surveyor, dated August 12, 1982, a draft of which is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in right-of-way Plan Book 7, Page 47-B, as follows, to wit: BEGINNING at an existing iron pin at the southwestern corner of land now or formerly of Donald W. Fisher, designated as Parcel No. 1019 on the above-mentioned Plan, which iron pin also marks the southeastern corner of the lot or tract herein designated as Parcel No. 1019A as shown on the above-mentioned Plan, and which point is along the line of other land of the Grantee herein; thence from said Place of Beginning, North 88 degrees 50 minutes 00 seconds West, 125.25 feet to an existing iron pin at a corner of Parcel No. 1020 as shown on said Plan; thence along the dividing line between said Parcel No. 1020 and the within described Tract, North 00 degrees 16 minutes 45 seconds East, 108.11 feet to an existing iron pin on line of land now or formerly of Eastern Real Estate Company or Reading Company; thence along line of land now or formerly of Easter Real Estate Company or Reading Company, North 88 degrees 39 minutes 14 seconds East, 125.11 feet to an existing iron pin at line of land now or formerly of Donald W. Fisher designated as Parcel No. 1019 on said Plan; thence along said lien of land now or formerly of Donald W. Fisher, designated as Parcel No. 1019 on said Plan, South 00 degrees 11 minutes 30 seconds West, 113.60 feet to an existing iron pin, the point and Place of BEGINNING. 28. Plaintiffs and their predecessors in title have been in continuous possession of the aforesaid premises since before September 8, 2003, which said possession has been continuous, open, notorious and hostile since said date to the time of the filing of this Complaint. 29. Defendants, as prior record owners, may claim to have an apparent title, interest in or claim against the aforesaid described premises. This alleged or purported claim of the Defendants may constitute a cloud upon the marketability of the title of Plaintiffs. Constantinos Mallios and Kollas and Costopoulos claim a right or interest in the property. WHEREFORE, Plaintiffs pray that a decree be entered (a) 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 from the date of the service of the Complaint, the Defendants or their heirs, personal representatives or assigns commence an action of ejectment; (b) to declare and adjudge that Plaintiffs own in full principal and are entitled to the quiet and peaceful possession of the real property; (c) that Defendants and all persons or entities claiming under or through them have no estate, right, title, lien or interest in or to said property or any part thereof and; (d) to permanently enjoin Defendants and all persons or entities under them from asserting any estate, right, title, lien or interest in or to said property adverse to Plaintiffs. Respectfully submitted, O'BRIEN, BARIC & SCH R David A. Baric, Esquire I.D. No. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. (0,ze"I Donald W. Fisher CC-. M A. Fisher Dated: y-aq'47 VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Constantinos J. Mallios Elaine Mallios Dated: : -.., Ill ?J Prekrenres Al,rt Center Research Trail State Litigation 1WestlawlBusiness H NewsSPennsylvania] A-Iii.-- Tans A Shortcuts Edit Resources Search these databases: Public Records News, Journals & Law Reviews ® PldblitRCGgrdS_Combined - Penncyl.Y..anla P_ennsylya.n.ia._Newswpers Recent Databases Asset Locator - Pennsylvania -All News Favorite Databases Adverse Filings -.Pennsylvania *Pennsylvania. Journals & Law Reviews Find by citation: . PA People FindSr=N.arngSrackq Re r More $QurCe5_ Pennsylvania eualness_Finier Rec.Q.rd_s -- -- ® -Lrimi.pel_Records combined Trial Filings, Briefs 8 Testimony KeyCite this citation: _:.:::. 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PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER: Co-Executrices : MARY E. FRAZER, FRED E. GELSINGER, ; ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, : RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, : their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, ; Defendants ACTION TO QUIET TITLE DONALD W. FISHER and IN THE COURT OF COMMON PLEAS OF MARY A. FISHER, CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. KOLLAS AND COSTOPOULOS, a NO. CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER: Co-Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, ; MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, ; THOMAS E. KENDALL, : DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, Defendants PETITION FOR LEAVE TO OBTAIN SERVICE IN THE ABOVE-CAPTIONED ACTION TO QUIET TITLE NOW, come the Plaintiffs, Donald W. Fisher and Mary A. Fisher, husband and wife and Constantinos J. Mallios and Elaine Mallios, husband and wife. ("Fisher/Mallios") in the above- captioned matter, by and through its counsel, O'BRIEN, BARIC & SCHERER, and files this Petition For Leave To Obtain Service in the Above-Captioned Action to Quiet Title. 1. Petitioners, Donald W. Fisher and Mary A. Fisher, are adult individuals, husband and wife, residing at 517 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, and Constantinos J. Mallios and Elaine Mallios, are adult individuals, husband and wife, residing at 715 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania, and are the Plaintiffs in the above-captioned action. Petitioners filed with the Prothonotary of Cumberland County an action to quiet title, requesting that title to the following tract of ground be quieted and that they be determined that they have sole fee simple title to the same: ALL THAT CERTAIN unimproved tract of land, situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the southwestern corner of Tract #2 of land owned by Donald W. Fisher and Mary A. Fisher, which is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 219, Page 872; thence North 88 degrees 50 minutes West, 115.85 feet to a point; thence along lands now or formerly of Kollas and Costopoulos, North 00 degrees 16 minutes 45 seconds East, 108.11 feet to a point; thence South 88 degrees 50 minutes East, 115.00 feet, more or less, to the northeastern corner of the aforesaid Tract #2; thence South 00 degrees 31 minutes East, 108.00 feet to a point, the place of BEGINNING. Also being Parcel 1019A as referenced in Deed Book 166, Page 885, from Constantinos J. Mallios and Elaine Mallios to Kollas and Costopoulos: 4 ? ALL that certain lot or tract of land in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with Land Survey for Constantinos J. Mallios, by Carl David Bert, Registered Surveyor, dated August 12, 1982, a draft of which is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in right-of-way Plan Book 7, Page 47-B, as follows, to wit: BEGINNING at an existing iron pin at the southwestern corner of land now or formerly of Donald W. Fisher, designated as Parcel No. 1019 on the above-mentioned Plan, which iron pin also marks the southeastern corner of the lot or tract herein designated as Parcel No. 1019A as shown on the above-mentioned Plan, and which point is along the line of other land of the Grantee herein; thence from said Place of Beginning, North 88 degrees 50 minutes 00 seconds West, 125.25 feet to an existing iron pin at a corner of Parcel No. 1020 as shown on said Plan; thence along the dividing line between said Parcel No. 1020 and the within described Tract, North 00 degrees 16 minutes 45 seconds East, 108.11 feet to an existing iron pin on line of land now or formerly of Eastern Real Estate Company or Reading Company; thence along line of land now or formerly of Easter Real Estate Company or Reading Company, North 88 degrees 39 minutes 14 seconds East, 125.11 feet to an existing iron pin at line of land now or formerly of Donald W. Fisher designated as Parcel No. 1019 on said Plan; thence along said lien of land now or formerly of Donald W. Fisher, designated as Parcel No. 1019 on said Plan, South 00 degrees 11 minutes 30 seconds West, 113.60 feet to an existing iron pin, the point and Place of BEGINNING. 2. The Petitioners, after making a diligent search and inquiry, have been unable to ascertain the present whereabouts of many of the above-named Defendants/Respondents and/or any personal representatives of same, many of whom are deceased. Plaintiffs request permission to make service of the Complaint by publication in the Carlisle Sentinel and the Cumberland Law Journal. WHEREFORE, the Petitioners/Plaintiffs respectfully ask leave of court to obtain service of the Complaint in the instant matter upon Defendants/Respondents by publication pursuant to Pa R.C.P. Section 430. Respectfully submitted, O'BRIEN, BA C & SCH R David A. Baric, Esquire I.D. No. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Petition For Leave To Obtain Service are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Petitioners/Plaintiffs and is based upon the statements provided by Petitioners/Plaintiffs, as well as documents reviewed by the undersigned as attorney for Petitioners/Plaintiffs. This verification will be substituted and ratified by a verification signed by the Petitioners/Plaintiffs who are presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsificatio s to authorities. David A. Baric, Esquire Dated: S-,)7-()g C ? ~? '= i ? ---d ;?? ? ._ _?. 'i ?i _., 3 _.r? ,, - ?_?? > f. .r . ( 1 . ,d ?.« r` A. DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY : COMPANY ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co-Executrices : MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, : RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, Defendants NO. 2008-3297 CIVIL TERM ACTION TO QUIET TITLE AMENDED PETITION FOR LEAVE TO OBTAIN SERVICE IN THE ABOVE-CAPTIONED ACTION TO QUIET TITLE NOW, come the Plaintiffs, Donald W. Fisher and Mary A. Fisher, husband and wife and Constantinos J. Mallios and Elaine Mallios, husband and wife. ("Fisher/Mallios") in the above- captioned matter, by and through its counsel, O'BRIEN, BARIC & SCHERER, and files this Petition For Leave To Obtain Service in the Above-Captioned Action to Quiet Title. 1. Petitioners, Donald W. Fisher and Mary A. Fisher, are adult individuals, husband and wife, residing at 517 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, and Constantinos J. Mallios and Elaine Mallios, are adult individuals, husband and wife, residing at 715 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania, and are the Plaintiffs in the above-captioned action. Petitioners filed with the Prothonotary of Cumberland County an action to quiet title, requesting that title to the following tract of ground be quieted and that they be determined that they have sole fee simple title to the same: ALL THAT CERTAIN unimproved tract of land, situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the southwestern corner of Tract #2 of land owned by Donald W. Fisher and Mary A. Fisher, which is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 219, Page 872; thence North 88 degrees 50 minutes West, 115.85 feet to a point; thence along lands now or formerly of Kollas and Costopoulos, North 00 degrees 16 minutes 45 seconds East, 108.11 feet to a point; thence South 8,8 degrees 50 minutes East, 115.00 feet, more or less, to the northeastern corner of the aforesaid Tract #2; thence South 00 degrees 31 minutes East, 108.00 feet to a point, the place of BEGINNING. Also being Parcel 1019A as referenced in Deed Book 166, Page 885, from Constantinos J. Mallios and Elaine Mallios to Kollas and Costopoulos: ALL that certain lot or tract of land in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with Land Survey for Constantinos J. Mallios, by Carl David Bert, Registered Surveyor, dated August 12, 1982, a draft of which is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in right-of-way Plan Book 7, Page 47-B, as follows, to wit: BEGINNING at an existing iron pin at the southwestern corner of land now or formerly of Donald W. Fisher, designated as Parcel No. 1019 on the above-mentioned Plan, which iron pin also marks the southeastern corner of the lot or tract herein designated as Parcel No. 1019A as shown on the above-mentioned Plan, and which point is along the line of other land of the Grantee herein; thence from said Place of Beginning, North 88 degrees 50 minutes 00 seconds West, 125.25 feet to an existing iron pin at a corner of Parcel No. 1020 as shown on said Plan; thence along the dividing line between said Parcel No. 1020 and the within described Tract, North 00 degrees 16 minutes 45 seconds East, 108.11 feet to an existing iron pin on line of land now or formerly of Eastern Real Estate Company or Reading Company; thence along line of land now or formerly of Easter Real Estate Company or Reading Company, North 88 degrees 39 minutes 14 seconds East, 125.11 feet to an existing iron pin at line of land now or formerly of Donald W. Fisher designated as Parcel No. 1019 on said Plan; thence along said lien of land now or formerly of Donald W. Fisher, designated as Parcel No. 1019 on said Plan, South 00 degrees 11 minutes 30 seconds West, 113.60 feet to an existing iron pin, the point and Place of BEGINNING. 2. The Petitioners, after making a diligent search and inquiry, have been unable to ascertain the present whereabouts of many of the above-named Defendants/Respondents and/or any personal representatives of same, many of whom are deceased, namely John Mallios or any of his heirs, Eastern Real Estate Company or its successors in interest, Mary E. Frazer or any of her heirs, Roy E. Gelsinger or any of his heirs, Marie Gelsinger, or any of her heirs, Ira D. Rickrode or any of his heirs, Ruth V. Rickrode or any of her heirs. Plaintiffs request permission to make service of the Complaint by publication in the Carlisle Sentinel and the Cumberland Law Journal on the aforementioned Defendants/Respondents. WHEREFORE, the Petitioners/Plaintiffs respectfully ask leave of court to obtain service of the Complaint in the instant matter upon John Mallios or any of his heirs, Eastern Real Estate Company or its successors in interest, Mary E. Frazer or any of her heirs, Roy E. Gelsinger or any of his heirs, Marie Gelsinger, or any of her heirs, Ira D. Rickrode or any of his heirs, Ruth V. Rickrode or any of her heirs, Defendants/Respondents by publication pursuant to Pa R.C.P. Section 430. Respectfully submitted, O'BRIEN, BARIC & SC R David A. Baric, Esquire I.D. No. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Petition For Leave To Obtain Service are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Petitioners/Plaintiffs and is based upon the statements provided by Petitioners/Plaintiffs, as well as documents reviewed by the undersigned as attorney for Petitioners/Plaintiffs. This verification will be substituted and ratified by a verification signed by the Petitioners/Plaintiffs who are presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. ? w id A. Baric, Esquire Dated: Y - 67-off O-N DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER: Co-Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, Defendants NO. 2008-3297 CIVIL TERM ACTION TO QUIET TITLE y CERTIFICATE OF SERVICE I hereby certify that on June 9, 2008, I, David A. Baric, Esquire of O'Brien, Baric & Kollas and Costopoulos 1104 Fernwood Avenue Camp Hill, Pennsylvania 17011 Vasiliki Mallios 224 Heisers Lane Carlisle, Pennsylvania 17015 Nicholas Mallios 6 Triplett Court Dillsburg, Pennsylvania 17019 Norfolk Southern Railway Company 3 Commercial Place Norfolk, Virginia 23510 Reading Company c/o CT Corporation System 116 Pine Street, Suite 320 Conrail 1000 Howard Boulevard, 4th Floor Mt. Laurel, New Jersey 08504 Estate of Demetrios I. Mallios, by Polixeni "Jane" Mallios, Executrix and Jane Mallios, individually 59 Strayer Drive Carlisle, Pennsylvania 17015 Thomas N. Papoutsis Ettie C. Papoutsis 9594 Possum Hollow Road Shippensburg, Pennsylvania 17257 Jenny Lee Shue 44 South Baltimore Avenue Mt. Holly Springs, Pennsylvania 17065 Estate of John Frazer Lois Holtry, Co-Executrix RR 1 Box 809 Port Royal, Pennsylvania 17082 Fred E. Gelsinger Thomas E. Kendall 612 North Hanover Street Doris B. Kendall Mt. Holly Springs, Pennsylvania 17065 513 North Walnut Street Mt. Holly Springs, Pennsylvania 17065 Lloyd J. Edris 16 Makenzee Drive Carlisle, Pennsylvania 17015 f David A. Baric, Esquire Scherer, did serve a copy of the Amended Petition For Leave To Obtain Service In The Above- Captioned Action To Quiet Title, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: o -' r DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ; ESTATE OF DEMETRIOS MALLIOS, through POLDMNI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, ; EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIN HOLTRY and ELIZABETH WITMER: Co-Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3297 CIVIL TERM ACTION TO QUIET TITLE Defendants PROOF OF SERVICE I, David A. Baric, Esquire, attorney for the Plaintiffs in the above-captioned action, do hereby certify that I served certified true and correct copies of the Complaint upon the following parties via certified mail on May 29, 2008. Norfolk Southern Railway Company 3 Commercial Place Norfolk, Virginia 23510-2108 DATE: 00 Conrail 1000 Howard Boulevard 4th Floor jXt. Laure ew Jerse 504,-2371 David A. Baric, Esquire Lt:H I I = ED MAIL HEL,LIN I (Domestic Mail Only; No Insurance Coverage Provide M1 S IL p-ww e $0.7(,o m ` C3 ceased Fee _ C3 "ODSM a ?^?? C3 ,r C3 ReWded (Endoreatee?Rit Required) a • 41 D' Hare N (Endormwitt Reegaired) _ r ? Total Postage 8 Fees t!J °o o?oCSoUfhern Railwa n c a C?3510- ONO i INMpkde hems 1, 2,00 3. Also complete 4Wn 4.N RsWIcted Oelirery ie desired. ¦!IWn your flame and aditss on the reverse so that we can n tum the card to you. Aftdi" card to the brac* of the mailpie ^ or on the front It space permits. n. v 0 Aperd x 7, -6?? O E by (AtrNeO I*m) C. DT ?-?//4j rz till/ I Lt D. 1sd*iwya1''l sdMAi rdmornMem1? O`les H YE% ert6er deMvery addms blow: 0 No ? 3lOg s. type CerttAed :::E Ad 13 tErprtrss MeM '[] Ae?Ntmo D Fbtum flrcelp-for Mwallerril O Irlerred and ? c o.m 4. Reetrrcted DsMwy! (pdra Fee) p We 7004 2510 4403 1247 9281- t. IrGe AdtYGN M to: Ndr k ?Soutlcrn Rahway f ,3,o ?r cial place Nor` llir9inlet a3510- ` .r mest,c Mail Only; tic 1 psur?r Cover 0,,,F F I 1`611 • - ,s M1 Postso - • + . 7(o , - p C3 cenftd Fee d. 70 M p RetumReoeiptFee (6rt/oreamam Required) 0 Postmark Here p rA RMtrkied Delivery Fee (Endorsement Required) C3 lbtal Postage & Fees ?y s alf?• to p, Q r` o kce c.l --- °- o?AOBox11b. pop. f J / LQlitg cJ Bl vC1 /o©i, New Jerre 53 6 gMpk" items 1, 2, and 3. Also Complete Urn 4 N ResWd%d Deanery Is desired. 0 ft ft your name and address on the reverse $0 that we can rahmn the card to you. 'teach 10 card to the hack of the maiipiece, `* on ffwirtroM if Space permits. 1. Att)de Addressed to: &nrQ* l loco - ward boulevard LttKF Mk. La u,clINeWJersey 0 8504 "0371 L 70116 08 8ervicelype 13 cawed MM d Exrxes MM f o Repleler 1 13 Ream Receipt for Mert;lS11111" o inwxed me 0 C.O.D. 4. Reehfded DeQrreryl 4Eft Fey p ltae 1 0000 7662 8256 ,. ..._. t ,? ?? ? r'_,?r-, .... C ,'1 t,? ""=% •? DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER: Co-Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, Defendants IJUN 0 6 200 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3297 CIVIL TERM ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this f D" day of , 2008, upon consideration of the foregoing Petition, it is hereby Ordered that service of this Complaint and any subsequent pleadings, in action to quiet title behead upon John Mallios or any of his heirs, Eastern Real Estate Company or its successors in interest, Mary E. Frazer or any of her heirs, Roy E. Gelsinger or any of his heirs, Marie Gelsinger, or any of her heirs, Ira D. Rickrode or any of his heirs, Ruth V. Rickrode or any of her heirs Defendants generally by publication pursuant to Pa. R.C.P. Section 430. Said publications shall be by public notice once in the Carlisle Sentinel and in the Cumberland Law Journal. If no answer be filed or appearance be made, a default judgment may be taken against the aforesaid Defendants/Respondents, their heirs, personal representatives or assigns. BY THE COURT, t4?..? ,gu• Zr :c wd o i Nnr eooz ?IC??ViarJ ucf 3 -40 NAUMAN, SMITH, SHISSLER & HALL, LLP By: J. Stephen Feinour, Esquire Attorney I.D. No. 24580 200 North Third Street, 18`' Floor Attorneys for Defendants, Norfolk P. O. Box 840 Southern Railway Company and Consolidated Harrisburg, PA 17108-0840 Rail Corporation (Conrail) T: (717) 236-3010/F: (717) 234-1925 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS and ELAIN MALLIOS, husband and wife Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3297 CIVIL TERM vs. KOLLAS AND COSTOPOULAS, a Pennsylvania Partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually, NICHOLAS MALLIOS, THOMAS N. POPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY, ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER Co-Executrices, MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, AND LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises, Defendants : ACTION TO QUIET TITLE ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of NAUMAN, SMITH, SHISSLER & HALL, LLP and J. STEPHEN FEINOUR, ESQUIRE on behalf of Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation (Conrail) in the above action, reserving, however, the right to plead or otherwise move. NAUMAN, SMITH, SHISSLER & HALL, LLP W SJ. teph n Feinour, Esquire reme Court I.D. No. 24580 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108 Telephone: (717) 236-3010 Telefax: (717) 234-1925 Counsel for Norfolk Southern Railway Company And Consolidated Rail Corporation (Conrail) Date: June 11, 2008 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, J. Stephen Feinour, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Praecipe for Entry of Appearance" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 NAUMAN, SMITH, SHISSLER & HALL, LLP f j J. Stephen Feinour, Esquire Supreme Court ID# 24580 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation (Conrail) Date: June 11, 2008 n N ? i ~C;cr, ? C??1 y 13 cry ; w ??.? { Z.m SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CLIMB RLAND FISHER DONALD ET AL VS KOLLAS AND COS'OPOULOS ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -QUIET TITLE was served upon KOLLAS AND COStOPOULOS the DEFENDANT at 1104 F at 1550:00 HOURS, on the 3rd day of June , 2008 AVENUE CAMP HILL, PA 17011 by handing to CAROLE ROSE, E? RALEGAL, ADULT IN CHARGE a true and attested copy of COMPLAINT -QUIET TITLE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 I nn Y J . V V Sworn and Subs6ibed to before me this) day of So Answers: R. Thomas Kline 07/09/2008 ? ?1?3lD$ `.?lY? OBRIEN BARIC SCHERER t By: Deputy Sheriff A. D. 7/?-?/go8 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMB RLAND FISHER DONALD ET AL VS KOLLAS AND COSTOPOULOS ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT -QUIET TITLE was served upon MALLIOS VASILI the DEFENDANT at 1949:00 HOURS, on the 16th day of June , 2008 at 224 HEISERSILANE CARLISLE. PA 117015 by handing to VASILIKI MALLIOS a true and att sted copy of COMPLAINT -QUIET TITLE together with and at the sam time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Sub4cibed to before me thi of So Answers: 6.00 5.00 .j 00 A 10.00 R. Thomas Kline .00 21.00 07/09/2008 OBRIEN BARIC SCHERER By: day Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER DONALD V ET AL VS KOLLAS AND COSTOPOULOS ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the with?n COMPLAINT -QUIET TITLE was served upon MALLIOS POLIXEII "JANE" AS EXEC ESTATE DEMETRIOUS MALLIOS the DEFENDANT at 2100:00 HOURS, on the loth day of June 2008 at 59 STRAYER RIVE CARLISLE, PA 1 015 by handing to i JANE MALLIOS a true and attested copy of COMPLAINT -QUIET TITLE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 5.00 Affidavit .00 a...u° Surcharge 10.00 R. Thomas Kline .00 21.00 07/09/2008 ? [ ?? OBRIEN BARIC SCHERER Sworn and Sub Gibed to B before me thi day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER DONALD W ET AL V'S KOLLAS AND COS'OPOULOS ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland Cou4ty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -QUIET TITLE was served upon MALLIOS JANE DEFENDANT at 59 STRAYER , at 2100:00 HOURS, on the 10th day of June , 2008 IVE CARLISLE, PA 117015 JANE MALLIOS by handing to a true and attested copy of COMPLAINT -QUIET TITLE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Sub6cibed to before me thi of So Answers: 6.00 .00 .00 , 10.00 R. Thomas Kline .00 16.00 07/09/2008 ? 'r?.Z3?Dg "1" I OBRIEN BARIC SCHERER B . day Deputy Sheri f A. D. the u SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER DONALD ET AL VS KOLLAS AND COSTOPOULOS ET AL R. Thomas Klin , Sheriff or Deputy Sheriff who being duly sworn acc rding to law, says, that he made a diligent search and and inquiry fo the within named DEFENDANT to wit: MALLIOS NICHOL?S but was unable;to locate Him in his bailiwick. He therefore I deputized the heriff of YORK County, Pennsylvania, to serve the within COMPLAINT -QUIET TITLE On Jul 9th , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So a Docketing 6.00 Out of County 9.00 Surcharge 10.00 mas Kline Dep York County 45.73 Sof Cumberland County Postage 1.17 Sworn and this A. D. 07/09/2008 ?" ?''7?.13 fD$ t_zkI OBRIEN BARIC SCHERER ribe to before me y of 5 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03297 P COMMONWEALTH OF' PENNSYLVANIA: COUNTY OF CUMBEIRLAND FISHER DONALD W ET AL KOLLAS AND COSTOPOULOS ET AL R. Thomas Klino Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry fo the within named DEFENDANT to wit: i PAPOUTSIS THOM?S N but was unablelto locate Him deputized the sheriff of FRANKLIN serve the with?n COMPLAINT -QUIET TITLE On July 9th , 2008 , this office was in receipt of t attached retur? from FRANKLIN Sheriff's Costs: So Docketing 6.00 Out of County 9.00 Surcharge 10.00 I;CR Dep Franklin Co 62.20 S4 Postage 1.85 89.05 07/09/2008 OBRIEN BARIC SCHERER Sworn and subscribe to before me this day of , in his bailiwick. He therefore County, Pennsylvania, to z-n as aline f of Cumberland County r' 7 L3/08 ? I A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-013297 P COMMONWEALTH OF! PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER DONALD W ET AL S KOLLAS AND COSIOPOULOS ET AL R. Thomas Klino 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: PAPOUTSIS ETTIi C but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT -QUIET TITLE On Jul attached return Sheriff's Costs: - Stn , 2UU8 , tnls Ottice was in receipt or the from FRANKLIN So Docketing 6.00 Out of County .00 Surcharge 10.00 Th as Kline Sworn and subll this A. D. 16.00 ? ???1?U8 ?? 07/09/2008 OBRIEN BARIC SCHERER cribe to before me ay of , .00 'Sher' f of Cumberland County .00 IU SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH OF; PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER DONALD W ET AL KOLLAS AND COSTOPOULOS ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT -QUIET TITLE was served upon SHUE JENNY LEE the DEFENDANT , at 1827:00 HOURS, on the 9th day of June 2008 at 44 SOUTH BA TIMORE AVENUE MT HOLLY SPRIN S, PA 17065 by handing to JENNY SHUE a true and att sted copy of COMPLAINT -QUIET TITLE together with and at the sa e time directing Her attention to the contents thereof. Sheriff's Cos s: So Answers: Docketing 6.00 ' Service 6.00 " '" A-' Affidavit 00 _. .°" , i;I Surcharge 10.00 R. Thomas Kline .00 22.00 07/09/2008 ? 7??0? OBRIEN BARIC SCHERER Sworn and Sub cibed to By before me thi day Deputy eriff of A.D. 13 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER DONALD ET AL S KOLLAS AND COSTOPOULOS ET AL R. Thomas Klin , Sheriff or Deputy Sheriff who being duly sworn acc rding to law, says, that he made a diligent search and and inquiry fo the within named DEFENDANT to wit: READING COMPAN but was unable to locate Them in his bailiwick. He therefore deputized the heriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT -QUIET TITLE On Jul attached retur Sheriff's Cost Docketing Out of County Surcharge Dep Dauphin Co r Postage 9th , 2008 , this office was in receipt of the from DAUPHIN 6.00 9.00 10.00 ty 47.25 So 73.42 07/09/2008 OBRIEN BARIC SCHERER Sworn and sub cribe to before me this day of , A. D. z mas Kline 'ff of Cumberland County 'c6 tz/vl 4 `? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-0i3297 P COMMONWEALTH OF, PENNSYLVANIA: COUNTY OF CUMBEIRLAND FISHER DONALD W ET AL KOLLAS AND COSTOPOULOS ET AL R. Thomas Klin , Sheriff or Deputy Sheriff who being duly sworn acc rding to law, says, that he made a diligent search and and inquiry fo the within named DEFENDANT to wit: HOLTRY LOIS EX C OF ESTATE OF JOHN FRAZER but was unable to locate Her in his bailiwick. He therefore deputized the heriff of JUNIATA serve the within COMPLAINT -QUIET TITLE County, Pennsylvania, to On Jul 9th , 2008 this office was in receipt of the attached retur from JUNIATA Sheriff's Cost So Docketing 6.00 Out of County 9.00 Surcharge 10.00 omas Kline Dep Juniata Co my 28.50 She iff of Cumberland County Postage 1.17 54.67 7/2-3/08 07/09/2008 OBRIEN BARIC SCHERER Sworn and sub cribe to before me this ay of , A. D. I 7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-103297 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VTOUVn T nMAT TI W VIP AT. KOLLAS AND COSTOPOULOS ET AL R. Thomas Klin duly sworn acc rding to law, inquiry for th within named WITMER ELIZABE H CO-EXEC OF unable to loca e Her in his COMPLAINT -OUI T TITLE the within ESTATE OF 100 ROLO COUR NOT FOUND , as to DEFENDANT , WITMER ELIZABETH CO-EXEC OF FRAZER ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT ESTATE OF JOHN FRAZER but was bailiwick. He therefore returns the MECHANICSBURG,I PA 17055 DEFENDANT HASINOT LIVED AT GIVEN ADDRESS FOR SEVERAL Sheriff's Cost Docketing Service s. 6.00 10.00 So Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sh iff of Cumberland County .00 31.00 BRIEN BARK SCHERER 07/09 2008 '712.408 Sworn and Sub cribed to before me this day of , A Jq SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH OF! PENNSYLVANIA: COUNTY OF CUMB RLAND FISHER DONALD ET AL KOLLAS AND COSTOPOULOS ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT -QUIET TITLE was served upon GELSINGER FRED E the DEFENDANT at 612 NORTH , at 1838:00 HOURS, on the 9th day of June , 2008 TIMORE AVENUE MT HOLLY SPRINGS, PA 17065 FRED GELSING by handing to a true and attested copy of COMPLAINT -QUIET TITLE together with and at the same time directing His attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge Sworn and Sub before me thi of sSo Answers: 6.00 ° 6.00 .00 10.00 R. Thomas Kline .00 22.00 07/09/2008 OBRIEN BARIC SCHERER -cibed to B day Deputy Sheriff , A.D. "o fi SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH OFI PENNSYLVANIA: COUNTY OF CUMBE LAND FISHER DONALD ET AL S KOLLAS AND COSTOPOULOS ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT -QUIET TITLE was served upon KENDALL THOMAS E the DEFENDANT at 513 NORTH W , at 1833:00 HOURS, on the 9th day of June , 2008 MT HOLLY SPRINGS, PA 17065 THOMAS KENDALL by handing to a true and attosted copy of COMPLAINT -QUIET TITLE together with and at the same time directing His attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge s: So Answers: 6.00 _ 6.00 .00 ?J 10.00 R. Thomas Kline .00 22.00 07/09/2008 Sworn and Sub cibed to before me thi of OBRIEN BARIC SCHERER B day Deputy Sheriff A. D. ak SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH COUNTY OF CU FISHER DONALD W PENNSYLVANIA: ET AL S KOLLAS AND COSTOPOULOS ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT -QUIET TITLE was served upon KENDALL DORIS the DEFENDANT , at 1833:00 HOURS, on the 9th day of June , 2008 at 513 NORTH WALNUT STREET MT HOLLY SPRINQS, PA 17065 by handing to a true and attested copy of COMPLAINT -QUIET TITLE together with and at the same time directing Her attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge Sworn and Sub before me thi of ls: So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 16.00 07/09/2008 OBRIEN BARIC SCHERER ?-r??a?oe ?? ?cibed to By 'a 1,4 day ?fhe riff A. D. as SHERIFF'S RETURN - REGULAR CASE NO: 2008-03297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER DONALD ET AL S KOLLAS AND COS OPOULOS ET AL SHANNON SHERTZ R Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT -QUIET TITLE was served upon EDRIS LLOYD J the DEFENDANT at 1244:00 HOURS, on the 14th day of June 2008 at 16 MAKENZEE DRIVE CARLISLE, PA 1 015 by handing to LLOYD J EDRIS a true and att sted copy of COMPLAINT -QUIET TITLE together with and at the sa time directing His attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge Sworn and Subscibed to before me thi of So Answers: 6.00 f 5.00 00 10.00 R. Thomas Kline .00 21.00 07/09/2008 BARI-C SCHERER OBRIEN - By : day Deputy eriff A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Donald W Fisher et al vs. Kollas d Costopoulos et al SERVE: Thomas N Papoutsis No. 08-3297 civil Now, May 30' 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being lade at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail re urn of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, F,S 0 U NE 1 MI 20-0-,at 11 ; X;Z o'clock _ A M. served the within FJR-t4? IGUI h4 - Cou NT V upon G [ i tto u at by handing to a 9 copy of the original M Q'rl C,A -+- C'_U A2L-?-IIVT I and made known to ?T? 1 F, ?, • ??? U"[S the contents thereof. So answers, Sheriff of M,3%<L 1' r4County, PA Sworn and sii me this 11"' COSTS ibed before SERVICE of 20 o8 MILEAGE AFFIDAVIT F SHERIFF'S RETURN - REGULAR l 'r CASE NO: 2008-00121 T COMMONWEALTH OF111PENNSYLVANIA: COUNTY OF FRANK IN DONALD W FISHER ET AL V THOMAS N PAPOUTISIS C V n1 ?f ?anC? (,?u ?'- KARLA CAMBELL Deputy Sheriff of FRANKLIN County, Pennsyl ania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon PAPOUTSIS THO S N _ DEFENDANT , at 0011:25 Hour, on the 17th day of June at 9594 POSSUM HOLLOW ROAD SHIPPENSBURG, A 17257 by handing to the 2008 ETTIE PAPOUTSI ACCEPTED FOR BOTH a true and att sted copy of COMP CIVIL ACTION together with and at the sam time directing Her attention to the contents thereof. Sheriff's Cos s: So Answers- Docketing .00 Service .00 KARLA ELL Affidavit .00 Surcharge .00 By .00 eputy h riff .00 06/18/2008 DAVID A BARIC ESQ Sworn and Sub cribed to before me this day of Cab A. D. RWWM D. MoCatyy Nolwy PAW ;Iwsba'bag Bor% Fhokim C * I?T tiif?p9 r?axti/! ,Yf16 bM .E! b1ai?>iA OUR,(" s :=i' ta.i ! .rra?.{i sr?f.>x'3 In The Court Of Common Pleas of Cumberland County, Pennsylvania Donald W Fisher et al vs. Kollas d Costopoulos et al SERVE: Ettie C. Papoutsis No . 08-3297 civil Now, May 30 , hereby deputize tl Sheriff of deputation being ade at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail re urn of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at 20 , at o'clock M. served the by handing to a and made known So answers, Sheriff of Sworn and me this ibed before of , 20 I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this copy of the original COSTS SERVICE - MILEAGE _ AFFIDAVIT the contents thereof. County, PA SHERIFF'S RETURN - REGULAR CASE NO: 2008-00121 T COMMONWEALTH OF'PENNSYLVANIA: COUNTY OF FRANK IN DONALD W FISHER ET AL THOMAS N PAPOUTSIS KARLA CAMBELL Deputy Sheriff of FRANKLIN County, Pennsyl ania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon PAPOUTSIS ETTI C the DEFENDANT , at 0011:25 Hour, on the 17th day of June 2008 at 9594 POSSUM HOLLOW ROAD SHIPPENSBURG, A 17257 by handing to ELLIE FOR BOTH AT ABOVE ADDRESS a true and att sted copy of COMP CIVIL ACTION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Answers: Docketing .00 Service .00 'KARLA CAMBELL Affidavit .00 Surcharge .00 By .00 eputy Sh ri f .00 06/18/2008 DAVID A BARIC ESQ Sworn and Sdub cribed to before me this day of r A. D. Not is In The Court of Common Pleas of Cumberland County, Pennsylvania Donald W Fisher et al vs. Kollas d Costopoulos et al SERVE: Read in g Y No. 08-3297 civil Now, May 30 , 008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize th Sheriff of Dauphin County to execute this Writ, this deputation being ade at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail re urn of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 2D , at o'clock M. served the within upon at by handing to a and made kno to copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and si me this ibed before SERVICE $ of , 20 MILEAGE AFFIDAVIT i -S (ptlit.t of the Sherifff Mary Jane Snder Real Estate Depu William T. Tully Solicitor • Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of County of Dauphin DONALD FISHER, ET AL VS READING COMPANY Sheriff s Return No. 2008-T-1178 OTHER COUNTY NO. 08-3297 And now: JUNE ?. 2008 at 9:30:00 AM served the within COMPLAINT TO QUIET TITLE upon READING COMPANY by personally handing to KAREN JONES 1 true attested copy of the original COMPLAINT TO 6UIET TITLE and making known to him/her the contents thereof at C/O CT CORPORATION SPECIALIST Sworn and subscribed to before me thi 5TH day of June, 2008 Sheriff of D n County, j'?. RV 116 PINE STREET SUITE 320 HARRISBURG PA 17101 So Answers, ns1c- v Deputy Sheriff 'ARIAL SEAL SNYDER, Notary Publi Deputy: T WONG Dauphin County 25 6/4/2008 Sheriffs Costs: $47 ion Expires Sept 1. 2010 io . f (o In The Court of Common Pleas of Cumberland County, Pennsylvania Donald W. Fisher et al VS. Kollas and Costopoulos et al SERVE: Lois Holt Y , co-executrix of No. 08-3297 civil estate ofl John Frazer Now, may 30, 008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize th Sheriff of Juniata County to execute this Writ, this deputation being de at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail re urn of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, June 3 within N 2008 , at 10:30 o'clock A. M. served the ce & Complaint to ouiet Title upon at Loi o-executrix of RR 1, Box 909, Port Royal, Juniata Count, Pennsylvan by handing to Lois Holtry, personally a true and ati ested and made known her copy of the original Notice & Complaint the contents thereof. So answ rs, 4,U llz?- qqp Sheriff of Juniata County, PA COSTS Sworn and st me this _Z?j ibed before SERVICE $ $18.00 of , 20,0_X MILEAGE/postage R.50 AFFIDAVIT 2.00 JOYCE PAGE DUTY PROTHONOTARY $ 2R. 50 MY COMMISSION EXPIRES FIRST MONDAkNLdttM. 2009 $ 4-G. 50 19 gZ'fEMPT D RVi e X11 in D d r ?v . C ? d C oG z O ? ?T PENNY PRESS 6F YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 WSTRUCTiOlNS S ERIFF SERVICE PLEASE TYPE IONLY LNE 1 TWU 12 PROCESS RECEI T and AFFIDAVIT OF RETURN DO MIT MTACH `iAW COPES 1 PLAINTIFF/S/ 2. COURT NUMBER Donald W. Fi sher et al 08-3297 TYPE OF WRIT OR COMPLAINT 4 3. DEFENDANT/s/ . T Q T, N O T I C E l i i n Not ce and Comp a Kollas and C stopoulos et al fn Qiiiat A SERVE 5 NAME OF IN IVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Nicho las Mallios 6. ADDRESS ( TREET OR RFO WITH BOX NUMBER. APT NO. CITY, BORO. TWP , STATE AND ZIP CODE) AT 6 Tri plett Court Dillsburg, PA 17019 7. INDICATE SERVICE U PERSO L 0 PERSON IN CHARGE EPUTIZE D T I U 1 ST CLASS MAIL 0 POSTED 0 OTHER NOW May 3 3 20 I, SHERIFF OF OUNTY, PA do reby deputize the sheriff of York COUNTY to execute this return her rding !jj to law. This deputization bein g made at the request and risk of the plaintiff. 7 SHERIFF OF C NTY 8. SPECIAL INSTRUCTIONS OR OTHE INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICEO U T OF CO. Ctmberland Pleas e mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY C UMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON WRIT 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 whorrm er 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 remov it of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATTO NEY / ORIGINATOR and SIGNATURE DAVID A. B A R I C , ESQ. 10. TELEPHONE NUMBER 11 DATE FILED 19 WEST SOUTH STRE ET, CARLISLE, PA 17013 1717-249-6873 5-27-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CC SHERIFF SPA SLOW FOR USE OF THE SfERFF - DO NOT WRITE BELOW TM LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 1 6-2-2 DE fi-&2nopt 16. HOW SERVED: PERSONAL ( RESIDENCE ( ) 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.) 18. NAME AND TITLE OF INDIVIDUAL ERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) . Date of Service 19 20 Time of Service N 1 kolc. M t l ?d Ic -"t -0S' 21. ATTEMPTS &Dt Ti 5 Miles 4 I It VDate iles I I. ? Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. 0 65 ? S A 22.REMARKS: eUQpt=PV l I I III pt9pRe53 ag t4 HC-IlSC--2S Lf4 . C?A (Z L%,SL;-: PA t-101y 23. Advance Costs 24 Service Cos 25 N!F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Refund Check No $125.00 18.00 22.73 40.73 00 1 49-71 79.27 34. Foreign County Costs 35. Adva ice Costs 36 Service Costs 37 Notary Cert. 38 Mdeage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to bet a 42 day of ep 24N this t SO ANSWERS . . Signature f 45^ DATE . She . - - T QhTAR Y s 46. Signature of York 47. DATE NOTARIAL S EAL County Sheriff 4 Z ? ? a 1 6-10-2008 LISA L. BOWMAN, NO ARY PUBLIC 11 14 ', *' - K T 1 RICHA K , 4F- ]R T FP . CITY OF YORK, YO K COUNTY 48 Signature of F gn 49 DATE _ F ( . `?4 h^ emu. yu i - C ARM r µ y i } DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, ; THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER: Co-Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, ; THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject: premises, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3297 CIVIL TERM c t ? a Cn C5 N ACTION TO QUIET TITLE AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Complaint was made in accordance with the Court Order dated June 10, 2008 as indicated below: By publication as provided by Pa. R. C. P. Rule 430(b) in The Sentinel on December 1, 2010 and the Cumberland Law Journal on December 10, 2010. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. u David A. Baric, Esquire DATE: December 22, 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketft? 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 13tb, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 1, 2010 COPY OF NOTICE OF PUBLICATION DONALD W. FISHER and I IN THE COURT OF COMMON PLEAS OF MARY A. FISHER, CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, and CONSTANTINOS J.'MACLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. KOLLAS AND COSTOPOULOS, a NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, _ through POLIXENI MALLIOS, Executrix and JANE MALLIOS,'individually NICHOLAS 'MALLIOS,THOMAS N. PAPOUTSIS,: ETTIE C.PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL-ESTATE COMPANY, READING COMPANY; NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN'FRAZER, through LOIS HOLTRY.and ELIZABETH WITMER Co=Executrices,' MARY,ErFRAZE R, FRED E.'GELSINGER; ROY E. GELSINGER, MARIE-GELSINGEWIRA,D. RICKRODE RUTH V. RICKRODE THOMAS E:-KENDALL, DORIS B. KENDALL'?LLOYD J. EDRIS, and each of their respective heus, personal representatives ACTION TO QUIET TITLE 11 and assigns and arfyand all other persons orlejal entities asserting or making any claim to any right, title or interest in or claim against the subject premises:. Defendants Nature of Action Action to OwetTitle to Real Property located in the Borough of Mt. Holly Spring's, Cumberland County, Pennsylvania, with,parcel identifier numbers of 23-31-2199-060,and23-31=2489-061. - NOTICE If you wish to defend you,must enter a written appearance personally or by attor0ey and file your defenses or objections in writing with the court. You are warned that if V66-fail-to do sd''the case may proceed -without,you and:a judgment may be entered against you without furthernotiee for the 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. 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`Bedfcrd Street Carlisle, Pennsylvania 17013 (717)_249-3166 '. David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement a; to time, place and character of publication are true. s.? Sworn to ands scribed before me this ( un AD (0 ?n rWV I Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz iecember 1U, 2010 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. Marie SWORN TO AND SUBSCRIBED before me this 10 day of December, 2010 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Term NO. 2008-3297 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER Co- Executrices, MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants ACTION TO QUIET TITLE berland County, Pennsylvania, with parcel identifier numbers of 23-31- 2189-060 and 23-31-2189-061. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that ifyou fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property 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. 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DAVID A. BARIC, ESQUIRE BARIC SCHERER Attorneys for Plaintiffs 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Dec. 10 Nature of Action: Action to Quiet Title to Real Property located in the Borough of Mt. Holly Springs, Cum- NAUMAN, SMITH, SHISSLER& HALL,LLP By: J. Stephen Feinour, Esquire t f Attorney I.D. No. 24580 r P',z t '7°a N L' 200 North Third Street, 18`h Floor Attorneys for Defendants, Norfolk P.O.Box 840 Southern Railway Company and Consolidated Harrisburg, PA 17108-0840 Rail Corporation (Conrail) T: (717)236-3010/F: (717) 234-1925 DONALD W. FISHER and : IN THE COURT OF COMMON PLEAS OF MARY A. FISHER, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA and CONSTANTINOS J. MALLIOS and : ELAIN MALLIOS, husband and wife : No. 08-3297 CIVIL TERM Plaintiffs • vs. : ACTION TO QUIET TITLE • KOLLAS AND COSTOPOULAS, a • Pennsylvania Partnership, CONRAIL, • JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS : MALLIOS, through POLIXENI • MALLIOS, Executrix and JANE • MALLIOS, individually,NICHOLAS MALLIOS, THOMAS N. POPOUTSIS, : ETTIE C. PAPOUTSIS, JENNY LEE • SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, : NORFOLK SOUTHERN RAILWAY • COMPANY, ESTATE OF JOHN FRAZER, through LOIS HOLTRY and : ELIZABETH WITMER Co-Executrices, . MARY E. FRAZER, FRED E. • GELSINGER, ROY E. GELSINGER, • MARIE GELSINGER, IRA D. • RICKRODE, RUTH V. RICKRODE, • THOMAS E. KENDALL, DORIS B. • KENDALL, AND LLOYD J. EDRIS, their and each of their respective heirs, . personal representatives and assigns and : any and all other persons or legal entities : asserting or making any claim to any : right, title or interest in or claim against . the subject premises, Defendants STATEMENT OF INTENTION TO PROCEED TO THE COURT: Norfolk Southern Railway Company and Consolidated Rail Corporation("Conrail")intend to proceed with the above-captioned matter. Respectfully submitted, NAUMAN, SMITH, SHISSLER& HALL, LLP B • -�---- J. :tep • i Feinour,Esquire preme Court ID#24580 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108 Telephone: (717) 236-3010 Date: October 28, 103 Counsel for Defendants,Norfolk Southern Railway Company and Consolidated Rail Corporation (Conrail) CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, J. Stephen Feinour, Esquire, of the firm of Nauman,Smith,Shissler&Hall,LLP, hereby certify that I this day served the foregoing"Statement of Intention to Proceed" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 NAUMAN, SMITH, SHISSLER& HALL,LLP By: i� �---- J.Stephen einour,Esquire Supreme Court ID#24580 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation (Conrail) Date: October 28, 2013 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3297 CIVIL TERM : ACTION TO QUIET TITLE Defendants C-) n r-ri X 73 ZcJ ci) r- (-) C=1 M PETITION FOR FINAL DECREE OF COURT TO: THE HONORABLE JUDGES OF SAID COURT AND NOW, this day of j v.I , 2014, comes David A. Bark, Esquire, attorney for the above-named Plaintiff and respectfully represents that an Affidavit was executed and filed with the Court on December 22, 2010, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference, 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, and said Defendants have not answered said complaint, entered an appearance, and/or initiated an action in ejectment although the time to do so has expired. WHEREFORE, the Plaintiff moves this Honorable court to enter judgment in their favor and against the Defendants and grant the Plaintiff the relief prayed for in their Complaint in accordance with PA. R.C.P. 1066 (a) and (b) (1). Respectfully submitted, BARIC SCHERER LLC dab.dir/realifisher/decree.pet David A. Baric, Esquire ID#44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, • through POLIXENI MALLIOS, Executrix :?; and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ,� r — N.) t ate: ETTIE C. PAPOUTSIS, s 7:-11 JENNY LEE SHUE, '73 N r, w a b EASTERN REAL ESTATE COMPANY, READING COMPANY, : :v NORFOLK SOUTHERN RAILWAY < 3:; COMPANY ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities : asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants Exhibit "A" AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Complaint was made in accordance with the Court Order dated June 10, 2008 as indicated below: By publication as provided by Pa. R. C. P. Rule 430(b) in The Sentinel on December 1, 2010 and the Cumberland Law Journal on December 10, 2010. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATE: December 22, 2010 David A. Baric, Esquire , PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland • James Kleinldaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 1, 2010 • COPY OF NOTICE OF PUBLICATION , Edeattinqk MYPItii145-4P.445 BE CiANDTG NNSYLVAN Zyte• tt-Tii • , . 4. :-:*,- ,f ; ,•,;,41, -,4i4,....: DLIAAENNO,OatallilLGSta .4, iirfeypArAkaltersjosMIEVA,L. 1:01111;t1IMA 1$1GS-40111LKIVAVICISti ESIATL,E,,CiFfEcEME010":0Witikiii5W hltaigtia,GIAGNItv1M_IOSgRearrik eitIlAaE51,_ALIIIIGS2Iiiiilardeitil p___Imorliy, _,,.'stipelos-gioNTA:,..spAR,A,,_.gisrr___Ai , EfiTOOLAE;9-43 ' G--NTArlIEEISFiliet#STEr? 3 EAs LAGS114/411Wep N -4 -4,- .t. facilINGiG____,ONIP# , i PRED120-girg, 71-08 , ES3-4,91preRtte N. .5,Et. ql• i,lpgdab Gig G EVApsiNg A rgi I EiG EiTST9_ G 6 II F110KROOk lillirt014119Kfitfid INGMOIRelgN_,DA ) to.tri, ' RAI,GP311 TEI-,_11406,...„, a" Y:GPEDRIWarae _ ie dais (Mph& spersorlaAl re' ese , tat va triegssI9J'Tsarl an tfens. r .. , itfir Vktp f.,e IentS Telt, ,- ksfirl ratetepf yiait ;91Execulases. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement a to time, place and character of publication are true. Sworn to and s scribed before me this fer441_ Ring jth:ttP)e d 4ga be WiTA„Kri, lltbtr,G0,7P.,AJLErREaTet.4610!9.14:ifEA. rIFELQFP,LOITI5gh-r• IFIRCV.INIV•EP TOIRING MI.AW Nr4:61011411Ft;0AN)% ,y1710th!ISigg Ntyitov R!*JAia—EirriatettN6.10:1:EFfigg!vtAyi0F R .-G@GEGAM013, ‘. Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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 December 10, 2010 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. L sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 10 day of December, 2010 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Term NO. 2008-3297 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER Co - Executrices, MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants ACTION TO QUIET TITLE Nature of Action: Action to Quiet Title to Real Property located in the Borough of Mt. Holly Springs, Cum - 2 berland County, Pennsylvania, with parcel identifier numbers of 23-31- 2189-060 and 23-31-2189-061. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property 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. 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DAVID A. BARIC, ESQUIRE BARIC SCHERER Attorneys for Plaintiffs 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Dec. 10 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, c JENNY LEE SHUE, -Q 3 - -1 EASTERN REAL ESTATE COMPANY, rl, c m-� �z -vrr-t READING COMPANY, ter— ^; NORFOLK SOUTHERN RAILWAY c) � `-'CJ COMPANY '�r y ESTATE OF JOHN FRAZER, through N o LOIS HOLTRY and ELIZABETH WITMER: C.;,> Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants 4 DECREE OF COURT NOW, this day of , 2014, an affidavit of service of the complaint with notice to plead, being attached hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Petition and upon motion of David A. Baric, Esquire, Attorney for Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff. Said tract of land is described as follows: ALL THAT CERTAIN tract of land, located in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, being more fully bound and described in accordance to the Final Subdivision and Land Development Plan for Westgate Development, Phase 5, 6 and 7, South Middleton Township and Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, dated September 25, 2003, last revised March 26, 2007, prepared by Herbert, Rowland & Grubic, Inc., recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 94, Page 59, as follows: BEGINNING at a point along the northern side of Westgate Drive at the dividing line between Lots 183 and 184 of the aforementioned subdivision plan; thence continuing along said dividing line, North 00 degrees 59 minutes 55 seconds East, a distance of 110.30 feet to a point at line of lands now or formerly of Consolidated Rail Corporation (Conrail); thence continuing along said lands now or formerly of Consolidated Rail Corporation (Conrail), North 88 degrees 48 minutes 48 seconds East, a distance of 76.01 feet to a point at line of lands now or formerly of Donald and Mary Fisher; thence continuing along line of lands now or formerly of Donald and Mary Fisher, South 00 degrees 00 minutes 15 seconds East, a distance of 113.21 feet to a point along the northern side of Westgate Drive; thence continuing along the northern side of Westgate Drive, North 88 degrees 50 minutes 00 seconds West, a distance of 77.93 feet to the point and Place of BEGINNING. BEING all of Lot No. 184 as described on the aforementioned subdivision plan. BEING part of the same premises which Constantinos J. Mallios and Elaine Mallios, by Deed dated January 25, 2011 and recorded March 23, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 201109047. ALSO BEING the same premises which Donald W. Fisher and Mary A. Fisher, by Deed dated September 8, 2003 and recorded September 12, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 259, Page 1321. 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 Plaintiff's title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same, or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty (30) days. BY THE COURT, dab.dir/real/fisher/iinal.dec copies platteL a ,lIy DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, r -n through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants csr) fl (-A) AMENDED PETITION FOR FINAL DECREE OF COURT TO: THE HONORABLE JUDGES OF SAID COURT AND NOW, this day of a-9 k-CIYI , 2014, comes David A. Baric, Esquire, attorney for the above-named Plaintiff and respectfully represents that an Affidavit was executed and filed with the Court on December 22, 2010, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference, 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, 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. 1. A previous Petition for Final Decree of Court was filed with this Honorable Court on July 30, 2014. A copy of which is attached hereto as Exhibit "B" and is incorporated herein by reference. 2. A final Decree of Court was signed by the Honorable Kevin A. Hess and entered of record on August 1, 2014. A copy of which is attached hereto as Exhibit "C" and is incorporated herein by reference. 3. An Amended Petition for Final Decree of Court is being submitted to this Honorable Court to correct a portion of the legal description contained in said final Decree of Court. WHEREFORE, the Plaintiff moves this Honorable court to enter judgment in their favor and against the Defendants and grant the Plaintiff the relief prayed for in their Complaint in accordance with PA. R.C.P. 1066 (a) and (b) (1). Respectfully submitted, BARIC SCHERER LLC David A. Buie, Esquire ID#44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 dab.dir/real/fisher/decree2.pet DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually • NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through . LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and • any and all other persons or legal entities • asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants Exhibit "A" __a �1 cza rn c-) n r`) � -Ti —0 r]-11 v Ja '� AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Complaint was made in accordance with the Court Order dated June 10, 2008 as indicated below: By publication as provided by Pa. R. C. P. Rule 430(b) in The Sentinel on December 1, 2010 and the Cumberland Law Journal on December 10, 2010. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATE: December 22, 2010 David A. Baric, Esquire PROOF. OF PUBLICATION State of Pennsylvania, County of Cumberland fames Kleinklaus, Director of Sales and Marketing, 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 SENTJNEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issuesof THE SENTINEL on the following day(s): December 1, 2010 COPY OF NOTICE OF PUBLICATION 101 )A 'IA Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement to time, place and character of publication are true. Sworn to and s scribed before me this ADO Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 10, 2010 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. sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 10 day of December, 2010 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Term NO. 2008-3297 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER Co - Executrices, MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or malting any claim to any right, title or interest in or claim against the subject premises Defendants ACTION TO QUIET TITLE Nature of Action: Action to Quiet Title to Real Property located in the Borough of Mt. Holly Springs, Cum - 2 berland County, Pennsylvania, with parcel identifier numbers of 23-31- 2189-060 and 23-31-2189-061. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property 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. 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DAVID A. BARIC, ESQUIRE BARIC SCHERER Attorneys for Plaintiffs 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Dec. 10 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix , : and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3297 Defendants CIVIL TERM c r▪ n z rn z� cnr - <D rz Ac:;, za y c ACTION TO QUIET TITLE Exhibit "B" c� T7 rnr- ter. —4r CD -T1 �r --- C)(71 _C)C rri PETITION FOR FINAL DECREE OF COURT TO: THE HONORABLE JUDGES OF SAID COURT AND NOW, this .30 day of , 2014, comes David A. Baric, Esquire, attorney for the above-named Plaintiff and respectfully represents that an Affidavit was executed and filed with the Court on December 22, 2010, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference, 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, and said Defendants have not answered said complaint, entered an appearance, and/or initiated an action in ejectment although the time to do so has expired. WHEREFORE, the Plaintiff moves this Honorable court to enter judgment in their favor and against the Defendants and grant the Plaintiff the relief prayed for in their Complaint in accordance with PA. R.C.P. 1066 (a) and (b) (1). Respectfully submitted, BARIC SCHERER LLC dab.dir/real/fisher/decree.pet David A. Baric, Esquire ID#44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually • NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through . LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities • asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants : Exhibit "A" AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Complaint was made in accordance with the Court Order dated June 10, 2008 as indicated below: By publication as provided by Pa. R. C. P. Rule 430(b) in The Sentinel on December 1, 2010 and the Cumberland Law Journal on December 10, 2010. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATE: December 22, 2010 David A. Baric, Esquire PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 1, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement a: to time, place and character of publication are true. y Notary Public mmission expires: NOTARIAL SEAL BAMBI ANN HECKENOORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA $S. COUNTY OF CUMBERLAND 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 December 10, 2010 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. sa Marie Co SWORN TO AND SUBSCRIBED before me this 10 day of December, 2010 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE berland County, Pennsylvania, with parcel identifier numbers of 23 -31 - In the Court of Common Pleas of 2189-060 and 23-31-2189-061. Cumberland County, Pennsylvania Civil Term NO. 2008-3297 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER Co - Executrices, MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants ACTION TO QUIET TITLE Nature of Action: Action to Quiet Title to Real Property located in the Borough of Mt. Holly Springs, Cum - 2 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property 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. 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DAVID A. BARIC, ESQUIRE BARIC SCHERER Attorneys for Plaintiffs 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Dec. 10 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix : and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, (-) JENNY LEE SHUE, rri CD EASTERN REAL ESTATE COMPANY, 7J READING COMPANY, -<> NORFOLK SOUTHERN RAILWAY <cD COMPANY c, ESTATE OF JOHN FRAZER, through : > LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities : asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants Exhibit "C" DECREE OF COURT NOW, this this day of /401 , 2014, an affidavit of service of the complaint with notice to plead, being attached hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Petition and upon motion of David A. Baric, Esquire, Attorney for Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff Said tract of land is described as follows: ALL THAT CERTAIN tract of land, located in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, being more fully bound and described in accordance to the Final Subdivision and Land Development Plan for Westgate Development, Phase 5, 6 and 7, South Middleton Township and Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, dated September 25, 2003, last revised March 26, 2007, prepared by Herbert, Rowland & Grubic, Inc., recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 94, Page 59, as follows: BEGINNING at a point along the northern side of Westgate Drive at the dividing line between Lots 183 and 184 of the aforementioned subdivision plan; thence continuing along said dividing line, North 00 degrees 59 minutes 55 seconds East, a distance of 110.30 feet to a point at line of lands now or formerly of Consolidated Rail Corporation (Conrail); thence continuing along said lands now or formerly of Consolidated Rail Corporation (Conrail), North 88 degrees 48 minutes 48 seconds East, a distance of 76.01 feet to a point at line of lands now or formerly of Donald and Mary Fisher; thence continuing along line of lands now or formerly of Donald and Mary Fisher, South 00 degrees 00 minutes 15 seconds East, a distance of 113.21 feet to a point along the northern side of Westgate Drive; thence continuing along the northern side of Westgate Drive, North 88 degrees 50 minutes 00 seconds West, a distance of 77.93 feet to the point and Place of BEGINNING. BEING all of Lot No. 184 as described on the aforementioned subdivision plan. BEING part of the same premises which Constantinos J. Mailios and Elaine Mailios, by Deed dated January 25, 2011 and recorded March 23, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 201109047. ALSO BEING the same premises which Donald W. Fisher and Mary A. Fisher, by Deed dated September 8, 2003 and recorded September 12, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 259, Page 1321. 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 Plaintiff's title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same, or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty (30) days. BY THE COURT, dab.dir/real/fisher/final.dec DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. /- : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership,, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, r-rluD _ Fri ETTIE C. PAPOUTSIS, JENNY LEE SHUE, - r— v) ° EASTERN REAL ESTATE COMPANY, c.) READING COMPANY, c-) NORFOLK SOUTHERN RAILWAY C ; COMPANY c-) ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants AMENDED DECREE OF COURT NOW, this 18 day of c,rf)V..)", , 2014, an affidavit of service of the complaint with notice to plead, being attached hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Amended Petition and upon motion of David A. Baric, Esquire, Attorney for Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff. Said tract of land is described as follows: ALL THAT CERTAIN tract of land, located in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, being more fully bound and described in accordance to the Final Subdivision and Land Development Plan for Westgate Development, Phase 5, 6 and 7, South Middleton Township and Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, dated September 25, 2003, last revised March 26, 2007, prepared by Herbert, Rowland & Grubic, Inc., recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 94, Page 59, as follows: BEGINNING at a point along the northern side of Westgate Drive at the dividing line between Lots 183 and 184 of the aforementioned subdivision plan; thence continuing along said dividing line, North 00 degrees 59 minutes 55 seconds East, a distance of 110.30 feet to a point at line of lands now or formerly of Consolidated Rail Corporation (Conrail); thence continuing along said lands now or formerly of Consolidated Rail Corporation (Conrail), North 88 degrees 48 minutes 48 seconds East, a distance of 76.01 feet to a point at line of lands now or formerly of Donald and Mary Fisher; thence continuing along line of lands now or formerly of Donald and Mary Fisher, South 00 degrees 00 minutes 15 seconds East, a distance of 113.21 feet to a point along the northern side of Westgate Drive; thence continuing along the northern side of Westgate Drive, North 88 degrees 50 minutes 00 seconds West, a distance of 77.93 feet to the point and Place of BEGINNING. BEING all of Lot No. 184 as described on the aforementioned subdivision plan. BEING part of the same premises which Constantinos J. Mallios and Elaine Mallios, by Deed dated January 25, 2011 and recorded March 23, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 201109047. ALSO BEING a portion of the same premises which Donald W. Fisher and Mary A. Fisher, by Deed dated September 8, 2003 and recorded September 12, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 259, Page 1321. 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 Plaintiff's title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same, or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty (30) days. BY THE COURT, dab.dir/reaUfisher/final.dec CCepieS fil-Ut 1.5CL 9 /1 9/1 V DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, rn through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, MALLIOS, C.:) CI) THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants AMENDED PETITION FOR FINAL DECREE OF COURT TO: THE HONORABLE JUDGES OF SAID COURT AND NOW, this day of \Se9kCivlbel , 2014, comes David A. Baric, Esquire, attorney for the above-named Plaintiff and respectfully represents that an Affidavit was executed and filed with the Court on December 22, 2010, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference, 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, 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. 1. A previous Petition for Final Decree of Court was filed with this Honorable Court on July 30, 2014. A copy of which is attached hereto as Exhibit "B" and is incorporated herein by reference. 2. A final Decree of Court was signed by the Honorable Kevin A. Hess and entered of record on August 1, 2014. A copy of which is attached hereto as Exhibit "C" and is incorporated herein by reference. 3. An Amended Petition for Final Decree of Court is being submitted to this Honorable Court to correct a portion of the legal description contained in said final Decree of Court. WHEREFORE, the Plaintiff moves this Honorable court to enter judgment in their favor and against the Defendants and grant the Plaintiff the relief prayed for in their Complaint in accordance with PA. R.C.P. 1066 (a) and (b) (1). Respectfully submitted, BARIC SCHERER LLC David A. Baric, Esquire ID#44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 dab.dir/reaUfisher/decree2.pet DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, • through POLIXENI MALLIOS, Executrix • and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants Exhibit "A" AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Complaint was made in accordance with the Court Order dated June 10, 2008 as indicated below: By publication as provided by Pa. R. C. P. Rule 430(b) in The Sentinel on December 1, 2010 and the Cumberland Law Journal on December 10, 2010. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATE: December 22, 2010 David A. Baric, Esquire , PROOF- OF PUBLICATION State of Pennsylvania, County of Cumberland James IGeinIclaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 1, 2010 • COPY OF NOTICE OF PUBLICATION P. to_ `.0.10504q - Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement af to time, place and character of publication are true. Sworn to and s scribed before me this ADID Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH. CUMBERLAND CNTY My Commission Expires Jan 27, 2014 .415.5211:03= PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND 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 December 10, 2010 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. sa Marie Coyne,$ditor SWORN TO AND SUBSCRIBED before me this 10 day of December, 2010 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Term NO. 2008-3297 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER Co - Executrices, MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, title or interest in or claim against the subject premises Defendants ACTION TO QUIET TITLE Nature of Action: Action to Quiet Title to Real Property located in the Borough of Mt. Holly Springs, Cum - 2 berland County, Pennsylvania, with parcel identifier numbers of 23-31- 2189-060 and 23-31-2189-061. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property 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. 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DAVID A. BARIC, ESQUIRE BARIC SCHERER Attorneys for Plaintiffs 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Dec. 10 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix : and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3297 CIVIL TERM r) c= rn z rri Z cn r"- -(> < > > -< : ACTION TO QUIET TITLE Exhibit "B" ' C=3 c— r- PETITION FOR FINAL DECREE OF COURT TO: THE HONORABLE JUDGES OF SAID COURT AND NOW, this day of , 2014, comes David A. Baric, Esquire, attorney for the above-named Plaintiff and respectfully represents that an Affidavit was executed and filed with the Court on December 22, 2010, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference, 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, and said Defendants have not answered said complaint, entered an appearance, and/or initiated an action in ejectment although the time to' do so has expired. WHEREFORE, the Plaintiff moves this Honorable court to enter judgment in their favor and against the Defendants and grant the Plaintiff the relief prayed for in their Complaint in accordance with PA. R.C.P. 1066 (a) and (b) (1). Respectfully submitted, BARIC SCHERER LLC ‘') David A. Baric, Esquire ID#44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 dab.dir/real/fisher/decree.pet DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY • COMPANY • ESTATE OF JOHN FRAZER, through . LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, : Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3297 CIVIL TERM Exhibit "A" CD P' AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Complaint was made in accordance with the Court Order dated June 10, 2008 as indicated below: By publication as provided by Pa. R. C. P. Rule 430(b) in The Sentinel on December 1, 2010 and the Cumberland Law Journal on December 10, 2010. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATE: December 22, 2010 David A. 'Baric, Esquire PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinldaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): December 1, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement af. to time, place and character of publication are true. Sworn to and s . scribed before me this 0 Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public ARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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 December 10, 2010 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. Marie 'e Coyne, $ditor sa SWORN TO AND SUBSCRIBED before me this 10 day of December, 2010 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Term NO. 2008-3297 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. KOLLAS AND COSTOPOULOS, a Pennsylvania partnership, CONRAIL JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through LOIS HOLTRY and ELIZABETH WITMER Co - Executrices, MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, and each of their respective heirs, personal representatives and assigns and any and all other persons or legal entities asserting or malting any claim to any right, title or interest in or claim against the subject premises Defendants ACTION TO QUIET TITLE Nature of Action: Action to Quiet Title to Real Property located in the Borough of Mt. Holly Springs, Cum - 2 berland County, Pennsylvania, with parcel identifier numbers of 23-31- 2189-060 and 23-31-2189-061. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property 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. 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DAVID A. BARIC, ESQUIRE BARIC SCHERER Attorneys for Plaintiffs 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Dec. 10 DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix : and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, c-) JENNY LEE SHUE, -r) rn EASTERN REAL ESTATE COMPANY, zrh1 READING COMPANY, > NORFOLK SOUTHERN RAILWAY < CZ) COMPANY >c-) cz) ESTATE OF JOHN FRAZER, through. : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants Exhibit "C" DECREE OF COURT NOW, this day of , 2014, an affidavit of service of the complaint with notice to plead, being attached hereto and no answer having been made by the Defendants, and upon consideration of the foregoing Petition and upon motion of David A. Baric, Esquire, Attorney for Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff. Said tract of land is described as follows: ALL THAT CERTAIN tract of land, located in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, being more fully bound and described in accordance to the Final Subdivision and Land Development Plan for Westgate Development, Phase 5, 6 and 7, South Middleton Township and Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, dated September 25, 2003, last revised March 26, 2007, prepared by Herbert, Rowland & Grubic, Inc., recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 94, Page 59, as follows: BEGINNING at a point along the northern side of Westgate Drive at the dividing line between Lots 183 and 184 of the aforementioned subdivision plan; thence continuing along said dividing line, North 00 degrees 59 minutes 55 seconds East, a distance of 110.30 feet to a point at line of lands now or formerly of Consolidated Rail Corporation (Conrail); thence continuing along said lands now or founerly of Consolidated Rail Corporation (Conrail), North 88 degrees 48 minutes 48 seconds East, a distance of 76.01 feet to a point at line of lands now or formerly of Donald and Mary Fisher; thence continuing along line of lands now or formerly of Donald and Mary Fisher, South 00 degrees 00 minutes 15 seconds East, a distance of 113.21 feet to a point along the northern side of Westgate Drive; thence continuing along the northern side of Westgate Drive, North 88 degrees 50 minutes 00 seconds West, a distance of 77.93 feet to the point and Place of BEGINNING. BEING all of Lot No. 184 as described on the aforementioned subdivision plan. BEING part of the same premises which Constantinos J. Mallios and Elaine Mallios, by Deed dated January 25, 2011 and recorded March 23, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 201109047. ALSO BEING the same premises which Donald W. Fisher and Mary A. Fisher, by Deed dated September 8, 2003 and recorded September 12, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 259, Page 1321. 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 Plaintiff's title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same, or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty (30) days. BY THE COURT, dab.dir/real/fisher/final.dec DONALD W. FISHER and MARY A. FISHER, husband and wife, and CONSTANTINOS J. MALLIOS ELAINE MALLIOS, husband and wife Plaintiffs, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KOLLAS AND COSTOPOULOS, a : NO. 2008-3297 CIVIL TERM Pennsylvania partnership, CONRAIL, JOHN N. MALLIOS, VASILIKI MALLIOS, ESTATE OF DEMETRIOS MALLIOS, through POLIXENI MALLIOS, Executrix and JANE MALLIOS, individually NICHOLAS MALLIOS, THOMAS N. PAPOUTSIS, ETTIE C. PAPOUTSIS, JENNY LEE SHUE, EASTERN REAL ESTATE COMPANY, READING COMPANY, NORFOLK SOUTHERN RAILWAY COMPANY ESTATE OF JOHN FRAZER, through : LOIS HOLTRY and ELIZABETH WITMER: Co -Executrices MARY E. FRAZER, FRED E. GELSINGER, ROY E. GELSINGER, MARIE GELSINGER, IRA D. RICKRODE, RUTH V. RICKRODE, THOMAS E. KENDALL, DORIS B. KENDALL, LLOYD J. EDRIS, their and each of their respective heirs, : ACTION TO QUIET TITLE personal representatives and assigns and any and all other persons or legal entities : asserting or making any claim to any right, : title or interest in or claim against the subject: premises, Defendants d PRAECIPE FOR ENTRY OF FINAL JUDGMENT PURSUANT TO Pa.R.C.P. 1066-4 TO THE PROTHONOTARY: Ki nd I l -enfer,StAd qmem i dbov.e. 'Mal -4,e- ` a-su, {)A- -oht, Ord(t cO-F cowl- ctal-col Enter on Appearance Docket and on Decree a notation that said Defendants failed to take Sth 204. the action directed in the last advertisement within the time therein limited; and transmit to the Recorder of Deeds a certified copy of the Decree containing the notation above described. Respectfully submitted, BARIC SCHERER LLC David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 1102, CERTIFICATE OF SERVICE I hereby certify that on November 3, 2014, I, David A. Baric, Esquire, of Baric Scherer, LLC, did serve a copy of the Praecipe For Entry of Final Judgment Pursuant To Pa.R.C.P. 1066- 4, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Kollas and Costopoulos 1104 Fernwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 Estate of Demetrios I. Mallios through Polixeni Jane Mallios and Jane Mallios 59 Strayer Drive Carlisle, Pennsylvania 17015 Norfolk Southern Railway Company 3 Commercial Place Norfolk, Virginia 23510 Reading Company c/o CT Corporation System 116 Pine Street, Suite 320 Harrisburg, Pennsylvania 17101 Vasiliki Mallios 224 Heisers Lane Carlisle, Pennsylvania 17015 Thomas N. Papoutsis Ettie C. Papoutsis 9594 Possom Hollow Road Shippensburg, Pennsylvania 17257 Jenny Lee Shue 44 South Baltimore Avenue Mt. Holly Springs, Pennsylvania 17065 Estate of John Frazer through Lois Holtry, Co -Executrix RR 1 Box 809 Port Royal, Pennsylvania 17082 Estate of John Frazer Fred E. Gelsinger through Elizabeth Witmer, Co -Executrix 612 North Baltimore Avenue 100 Rolo Court Mt. Holly Springs, Pennsylvania Mechanicsburg, Pennsylvania 17055 17065 Doris B. Kendall 513 North Walnut Street Mt. Holly Springs, Pennsylvania 17065 Lloyd J. Edris 16 Makenzee Drive Carlisle, Pennsylvania 17015 David A. Buie, Esquire