HomeMy WebLinkAbout10-1094DONNA L. HOCKENBERRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. #/
S. M. SKINNER, : ACTION TO QUIET TITLE
his heirs, successors and assigns, c C: -r)
Defendants :=1
NOTICE You have been sued in court. If you wish to defend against the claims set forth id4e ColloAg
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
O
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DONNA L. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO. la _ / v q y 6 Ny i fie-'M
S. M. SKINNER, : ACTION TO QUIET TITLE
his heirs, successors and assigns,
Defendants
COMPLAINT
AND NOW, comes the Plaintiff in the above-captioned matter by and through her counsel,
SALZMANN HUGHES, P.C., and files this Complaint in an Action to Quiet Title against the above-
designated defendants, and in support thereof sets forth the following:
1. Plaintiff, Donna L. Hockenberry, is an adult individual residing at 110 South High Street,
17241, Newville, Pennsylvania, 17013.
2. Defendant, S. M. Skinner, his heirs, successors and assigns was the owner of property
described on the Plan of Lots laid out by the Farmers Bank Carlisle and S. M. Skinner in the South Ward
of the Borough of Newville, as shown on the plan dated January 18, 1899 and recorded in the office of
the Cumberland County Recorder of Deeds in Plan Book W, Vol. 5, Page 486, incorporated herein and
attached hereto as Exhibit A, hereinafter referred to as the "Plan of Lots."
3. A deed search revealed that Plaintiff is the owner of a parcel of land in the Borough of
Newville, Cumberland County, Pennsylvania, consisting of Lots 77, 78, 79, 80, 81 and 82 of the Plan of
Lots attached hereto as Exhibit A, by virtue of the deed dated April 18, 1975 from Clarence O. Barrick
and Mary A. Barrick, his wife, to David R. Hockenberry (deceased) and Donna L. Hockenberry
recorded in the office of the Cumberland County Recorder of Deeds in Volume A 26, Page 283, which
deed is attached hereto as Exhibit B and incorporated herein by this reference.
4. In addition to Lots 77 through 82, Plaintiff also owns one-half of the land designated as
Lafayette Street on the Plan of Lots between Lot 75 and Lot 76 on the Plan of Lots as a result of the
Borough of Newville vacating that portion of Lafayette Street and granting to Plaintiff's deceased
husband, David R. Hockenberry, the one-half of said street adjacent to Lot 76. The Ordinance vacating
the portion of Lafayette Street was recorded in the Cumberland County Recorder of Deeds on December
7, 1981, in Book 272, Page 59, attached hereto and incorporated herein as Exhibit C.
5. Since 1975 when Lots 77 through 82 were conveyed to them, Plaintiff and her husband
occupied the entire block including Lot 76 to operate a commercial business as a service station/garage.
6. In approximately 1976, Plaintiff made improvements to Lot 76 whereby they filled and
leveled the ground thereon and converted the property into a gravel parking lot for storage of vehicles
worked on at the service station.
7. Since 1975, Plaintiff has been in sole possession of Lot 76 of the Plan of Lots utilizing Lots
76 through 82 for their commercial business.
7. Plaintiff's possession of Lot 76 since approximately 1975 has been actual, continuous,
exclusive, visible, notorious, distinct and hostile, for a period of time in excess of twenty-one (21) years.
8. Lot 76 of the Plan of Lots is described as follows:
ALL THAT CERTAIN tract or parcel of land situated in the South Ward
of the Borough of Newville, County of Cumberland, and Commonwealth of
Pennsylvania, and numbered Lot 76 in the Plan of lots laid out by the Farmers
Bank, Carlisle, and S.M. Skinner, in Plan of lots No. 2, in his addition to the
Borough of Newville, as recorded in Carlisle, Pennsylvania, in the Recorder's
Office in Deed Book "W", Volume 5, Page 486 and described as follows, to wit:
BEGINNING at a point along a vacated street formerly known as
Lafayette Street and Lot No. 76, 180 feet to a point; thence along the dividing line
between Centre Avenue and Lot No. 76, 40 feet to a point; thence along the
dividing line between Lot No. 76 and Lot No. 77, 180 feet to a point; thence along
the dividing line between Lot No. 76 and Fairfield Street, 40 feet to the point and
place of BEGINNING.
9. The last record owner of Lot 76 of the Plan of Lots is S. M. Skinner by virtue of the deed
dated January 18, 1899 (the same date as the Plan of Lots) from the Farmers Bank Carlisle to S. M.
Skinner recorded in the office of the Cumberland County Recorder of Deeds in Book 5W, Page 482,
which deed is attached hereto as Exhibit D and incorporated herein by this reference. Said deed
conveyed all of the lots from the Plan of Lots to S. M. Skinner excepting Lots 72, 73, 74 and 75.
10. A search of the records at the Cumberland County Recorder of Deeds revealed that there is
no record of any conveyance from S. M. Skinner for Lot 76, in fact, the deeds in Plaintiff's chain of title
to Lots 77 through 82 up and until Plaintiff's deed in 1875 describe the property as being bounded on
the West by Lot No 76, now or formerly of S. M. Skinner.
11. Plaintiff asserts that there is a cloud on Plaintiff's title to Lot 76 of the Plan of Lots.
12. To the best of Plaintiffs knowledge and belief, no one has ever made a claim for possession
of or for title to Lot 76 of the Plan of Lots, nor has any action of ejectment or other proceeding ever been
instituted to obtain possession.
13. As a result of the use and possession by Plaintiff of Lot 76 of the Plan of Lots, which use
and possession has been actual, continuous, exclusive, visible, notorious, distinct and hostile for a period
of time in excess of twenty-one (21) years, Plaintiff is the sole owner in fee simple of said property by
adverse possession.
WHEREFORE, Plaintiff prays that a decree be entered forever barring the defendants and his heirs,
personal representatives and assigns, from asserting any right, title or interest in or to the real estate
described and declare Plaintiff the legal and equitable owner of Lot 76 of the Plan of Lots, unless within
twenty (20) days from the date of the service of the Complaint, the Defendants or their heirs, personal
representatives or assigns commence an action in ejectment.
Respectfully submitted,
SALZMANN HUGHES, P.C
By:
Susann B. orriso , squire
Supreme Court No. 77041
354 Alexander Spring Road, Ste 1
Carlisle, PA 17015
(717) 249-6333
Date:
VERIFICATION
The foregoing document is based upon information that has been gathered by my counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to
unworn falsification to authorities.
Q ) I Z 4 /- - - ".' 1, &"
DONNA L. HOCKENB RRY
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MADE THE /S u- day of April ka 2I 8 s9 AH 1rs h the yes'
of our lord and thousand acne hundred SBVenty-five (1975)
IETWEEN CLARENCE 0. BARRICK and MARY A. BARRICKI his wife, of the
Borough of Newville (Fairfield Street), Cumberland County,
Pennsylvania, Greater s,
and DAVID R. IIOCKENBERRY- and DONNA L. HOCKENBERRY., his wife, •
of the Borough of Nowville, Cumberland County,, Pennsylvania,
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AND the saw grantolShereby eoveaant and ogres that they and each of them WRI warrantgenerally . the prop" busby conveyed.
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WITNESStTH, that In caarlderattea of Thirty Thousand and no/100 (=30,000.00)
to hand paid, the receipt whereof Is herby ocknowl _ _ _ - _ _ - -Dot
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convey to ow raid granted s, their heirs and tassi glaciers do herby grant and
ALL those certain lots of ground situated in the South Ward of
the Borough of Newville, County of Cumberland and State'of Pennsyl-
vania, and numbered respectively as 77, 78, 79, 80, 81 and 82 in the
.Plan of Lots laid out by the Farmers Bank, Carlisle, and S: M. Skinner,
in Plan of Lots No. 2, in his addition to the Borough of Newville,
as recordod'in Carlisle, Pennsylvania, in the Recorder's Office in
Deed Book "W", Volume S, Page 486 and described as follows', to-wit.
ALL of said lots being adjoining and forming a block bounded on
the North by Fairfield Street; on the Last by Washington Street; on
the South by Center Alley; and on the West by Lot No. 76, now or
formerly of.S. M. Skinner. Containing in front on Fairfield Street
two hundred forty (240) feet and extending in depth one hundred eighty,
.(180) .feet, to Center Alley, and being the same lots (with the dx-t No.
be B.
Myers hicaptwifeion byotheir deadwbearingathesdatelthes20 h daOeof Ma 1920
and entered of record in the Office of the.Recorder of Deeds,in and
-for Cumberland County, Pennsylvania, in Deed Book "P", Volume 13,
Page 39, granted and conveyed unto D. E. Dunkleberger.
.BEING the same lots of ground which Arthur L. Rickey and Gayle
V. Hickey, his wife, by. their deed dated April S, 1967, and recorded
in the Office of the Recorder of Deeds in and for Cumberland County •:
in Deed Book "II", Volume 22, Pago 297, granted and conveyed to
Clarence 0. Barriek and Mary A. Barrick, his wife, grantors herein r
named.
EXHIBIT
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IN WITNESS WHEREOF, told grantors have hereunto set their 11001413 and pals
the day and year first above millers.
kisub. frsekb MM jilefiverek
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Palo of Pennsylvania
County of Cumberland
On this, the Sgt' day of April
• 1197$ . before me,
the undersigned oNker, personally appeared Clarence 0. Barrick and Mary A.
Garrick, his.wife,
known to me* (or satisfactorily provenI to he the persons whets none s are wbtcrl
In Inch ment, and acknowledged that they exwsecl sane for the
IN WITNESS WHEREOF. 1 hwevido set my hand?ad P pores thw ntasnndJr?x
elReial seal. "+ • j;?,,... Iqi
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MY UMU MAY U. isT1 ? TRIe of. Msmbtrhpsyq?„clttlaefMtir6s
the within named granN itd4hWest MaiSt et N wville,`PA b ga724 411 :;.
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RECORDED on this . day of
A. D. t 9.yC.,, 2In the Recorder's oRke ef' Me said Ceen , In Do"
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Gives under my hand and Ms f Ms add oRlco,`ths dab absw wsttten,
V(14 26 284 aeerder,
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APPLICATION.
I, David A. Nockeabirry,'do hereby make application to the lecordir
of Deeds in ahd for Cumberland County to record the foregoing Ordinance,
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pursuant to 21 P.S. Section 1941. 1 acknowledge that I•an the owner of
' that portion of Lafayette Street describe( in tha aforesaid Ordinance
in Section 2 (a).
• David E. Hockenberry' SEAL
' COMNWEALTN OF PENNSYLVANIA. t ` -
• t •e.
COUNTY OF CUMBERLAND
I, the undersigned, being first duly sworn according to law, depose
-and may that the facts act forth herein are-true-and cotiect to the•best
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of my knowledge, information and belief.
avid E. Rockenberry (SEAL)
"3aofr riWsupscribed-before me this
1981.
N !:i P is ? '?=o w
W&.y Puke
14WVIhb CVN*SA Ad U•• 1L
IAr C-WS81_ &Ph_ SOPL 61190
BOOK 272 PACE 59
EXHIBIT
09/23/2009 2:29:17 PM CUMBERLAND COUNTY i.,???e ?nn?nee?e e _ .
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CERTIFICATE
1, the undersigned. Secretary of the Borough of Neville, Cumberland
County, Pennsylvanfa•;=(the "Borough"), certify that: the foregoing is a
true and:-corract copy of an Ordinance of the Council of the Borough Which
'duly was enacted by affirmative vote of a majority of the members. of the '
Council of the Borough at a meeting held on July 7 , 1981, said
Ordinance duly was examined and approved by tha Mayor of the Borough of
July 7 1981, said Ordinance duly has been recorded in the
Ordinance Book of the Borough; said Ordinance duly has been published as
required by law; and said Ordinanca remains in effect. unaltered and
unamended, as of the date of this Certificate.
IN WITNESS WNEREOP, I eat my hand and affix the official still of the
Borough this day of, 1981.
Secretap
?'SVShrIL ;a• and subscribed before me. a
1:Glkta' Afnblic, an' the 222K day of
1981.
F '•` 33Z'
'Notary P 1 j
•' "•? ''!F j? 11 ,; : ' SdSM J: HGVMFX Hotuy FWft .
Jf?i`commission expires, HrwdHe.CwnbwhWCo.Pa.
My Commk*n &ptra bpt 41911
f (SEAL)
I ?. : , BOQX .'?? PACE
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09123/2009 2:29:17 PM CUMBERLAND COUNTY
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Inst.# 198106575 - Paae 2 of 6
BOROUGH OF NEWVILLE
'Cumberland County. Pennsylvania
ORDINANCE N0. 63
AN ORDINANCE
OF THE COUNCIL OF THE BOROUGH OF NEWVILLE,
CUMBERLAND COUNTY, PENNSYLVANIA. VACATING AS
A PUBLIC STREET A PORTION OF A STREET WITHIN
SAID BOROUGH KNOWN AS LAFAYETTE STREET; PRO-
VIDING FOR THE'tZVERSION OF THE VACATED POR-
TION OF SAID STREET TO THE OWNERS OF PROPERTY
ABUTTING ON THE SAW VACATED PORTION OF SAID
STREET; PROVIDING FOR SUCH NOTICES AS REQUIRED
BY LAW; AND PROVIDING FOR THE REPEAL OF ANY
ORDINANCES- OR PARTS Op ORDINANCES INCONSISTENT
WITH THIS ORDINANCE.
WHEREAS, the Borough of Neville is empowered by Section 1741 of.the
Act of February 1, 1966 (1965 P.L..1656, No. 381), known as the Borough
Code, as amended and supplemented, to vacate any atreeL or portion of street
previously opened or laid out; and'
WHEREAS, this Borough has determined that the vacation of a portion of
a street known as Lafayette Street is in its best interests.and in the best
interests of the citizens of this Borough.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, and it. is enacted and ordained,
by the Council of this Borough, as follows.
SECTION 1. The following described portion of Lafayette Street in the
Borough of.Newville. Is hereby vacated as a public streets
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09/2312009 2:29:17 PM CUMBERLAND COUNTY Inst # 19A1nR575 . Pnna'A of R
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'BEGINNING at a point marked by an iron pin set in the edge of
the right-of-way line of public street known'as Centre Avenue,
and the corner of lands now or formerly of George W. Dowalt;
thence North thirty-seven (37) degrees forty (40) minutes West,
one hundred seventy-eight and forty-two hundredths (178.42) feet
along lands now.or. formerly of C#orRu W. Dewalt to an iron pin
Net In the vdni• tic the right-of-wry lane of as public street
known as Fairfield Strict. also huing designated as Pa. Traffic j
Route 533 (L.R. 21002); thence along said odgu of Fairfield I+
Street, North fifty-one (51) degrees thirty (30) minutes fifty
(50) seconds East, forty and zero hundredths (40.00) feet to a
point in the edge of Fairfield Street and corner of lands now at.
formerly of S. M. Skinner. now David R. Hockenberry; thence along
lands now or formerly of S. M. Skinner, now David R. Hockenbarry,
South thirty-seven (37) degrees forty (40) minutes East. one
hundred seventy-eight and forty-two hundredths (178.42) feet to
a point in the edge of Centro Avenue; thence along the edge of
Centre Avenue. South fifty-one (51) degrees thirty (30) minutes
-fifty (50) seconds West, forty'and zero hundredths (40.00) fget
to an iron pin, the point and place of.BEGINIIINC.
The foregoing description,preparod in accordance with land survey
entitled "survey for Goor$e W. Dewalt" prepared by Thom$s A. Neff,
Registered Surveyor, dated May 21, 1980.
SECTION 2. The following described portions of said vacated portion of
said street shall revert to the owners of property abutting on the s¢id vacated
portion, by operation-of law, as followat
a. To bavld R. Ilockenherry;
BEGINNING at a point marked by an iron pin set in the edge of the.
right-of-way line of-a public street known as Fairfield Street,
also being designated as Pa. Traffic Route 533 (L.R. 21002) and the
centerline-of Lafayette; thence along sold right-ofway, North
-fifty-one (51) degrees thirty (30) minutes fifty (50) seconds East,
twenty and zero hundredths (20.00) feet to a point in edge of said
right-of-way and corner of lands now or formerly of S. M. Skinner,
now David R. Hockenberry; thence along lands now or formerly' of
S. H. Skinner, now ))avid R. Itorkenberry. South thirty-seven (97)
depreoN forty (40) minutes East, one hundred seventy-eight anti
forty-two hundredths (178.42) feet to a point In the edgu of the
right-of-way line of a public street known as Contre Avenue; thence i
along the edge of Centre.Avenue. South fifty-one (51) degrees thirty
(30) minutes fifty (50) aeconds West, twenty and zero hundredths •
(20.00) feet to a point in tl.e edge of Contra Avenue and the center-
line of Lafayette Street; thence along the centorline of Lsfayette.•--?-
' Street. North thirty-seven (37) degrees forty (40) minutes.Wests
-one hundred seventy-eight and forty-tvo hundredths (1.78.42) feet to
an iron pin. the point and place of BEGINNING.
Boot 22.7 eArE 62
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09123/2009 2:29:17 PM CUMBERLAND COUNTY Inst.# 198106575 - Paae 4 of 6 I
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The forbgoing'descripti¢n-prepared in accordance with land survey
entitled "Survey for George W. Dewalt" prepared by Thomas A. Neff,
Registered Surveyor, dated May 21, 1980.
b. To George W. Dewalt. Sr.
BEGINNING at a point marked by an Iron pin set iii the edge of the
right-of-way line of a pubslle street known se.Fairfield Street.
also being desi;nated as Pa. Traffic Route 533 (L.R. 21002) and
the centerline of Lafayette Street; thence along the centerline
of Lafayetfe Street, South thirty-seven (37) degrees forty (40)
minutea East, nue hundred aeventy-eight and forty-tvu hundredths t
(178.42) feet to a point *in she edge of the right-of-sway line of I
a public street known as Centre Avenue; thence along the edge of
Centre Avenue, South fifty-one (51) degreas,thirty-(30) minutes
fifty (50) seconds West, twenty and zero hundredths (20.00) feet .
to an iron pin in edge of Centre Avenue and corner of lands now
or formerly of George W. Dewalt; thence along lands now or.for-
merly of George W. Dewalt, North thirty-seven (37) degrees forty
(40) minutes West, one hundred seventy-eight and forty-two hun- }
dvedths (178.42) fact to an iron pin in the edge of Fairfield
Street; thence along the edge of Fairfield Street. North fifty-. f
one (51) degrees thirty (30) minutes fifty (50) seconds East,
twenty and zero hundredths (20.00) feet to an iron pin, the point
and place of BEGINNING.
The foregoing description prepared in accordance with land survey
entitled "Survey for GeorSA W. Dewalt" prepared by Thomas A. Neff, I .
Registered Surveyor, dated May.21.'1980.
SECTION 3. The notices by certified mail and by publication as required
by Section 1741, as aforesaid, shell be given within ten (10) days of the '
enactment hereof. by the Borough Secretary.
SECTION 4.. This ordinance shall become effective in accordance with.law,
but not sooner than the forty-first (41st) day following the enactment hereof..
SECTION 5. All other ordinances or parts of ordinances inconsistent
-hArewith shall be and the same expressly are repealed.
DULY ENACTED AND ORDALNED, this day of
toox 2712 rncE 63
09/2312009 2:29:17 PM
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CUMBERLAND COUNTY Inst.# 198106575 - Page 5 of 6
1981, by the Council of the Borough of Nevville, Cumberland County, Pennsyl-
vsnia, in lawful.session duly assembled.
i - '
BOROUGH OF NEWVILLE,
C land County, Pennsylvania
Attest:'. y:
1'rcaident of Counci]
Se ary
(SEAL)
EXAMINED AND APPROVED, this 7 day of _ 9 . 1981.
Mayor of the orou it- xelwer e
Cumberland County, Pennsylvania
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DONNA L. HOCKENBERRY,
Plaintiff
V.
S. M. SKINNER,
his heirs, successors and assigns,
Defend ts
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO.
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ACTION TO QUIET TITLE
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PETITION FOR LEAVE FOR SERVICE BY PUBLICATION rv ry
1. Plaintiff Donna L. Hockenberry, by and through her legal counsel, Salzmann a- e'r-IT C ?-
filed with the Prothonotary of Cumberland County an action to quiet title whereby she regiestedAhat u
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title to the following tract of ground be quieted and that it be determined that she has sole fee simple title
to the same:
ALL THAT CERTAIN tract or parcel of land situated in the South Ward
of the Borough of Newville, County of Cumberland, and Commonwealth of
Pennsylvania, and numbered Lot 76 in the Plan of lots laid out by the Farmers
Bank, Carlisle, and S.M. Skinner, in Plan of lots No. 2, in his addition to the
Borough of Newville, as recorded in Carlisle, Pennsylvania, in the Recorder's
Office in Deed Book "W", Volume 5, Page 486 and described as follows, to wit:
BEGINNING at a point along a vacated street formerly known as
Lafayette Street and Lot No. 76, 180 feet to a point; thence along the dividing line
between Centre Avenue and Lot No. 76, 40 feet to a point; thence along the
dividing line between Lot No. 76 and Lot No. 77, 180 feet to a point; thence along
the dividing line between Lot No. 76 and Fairfield Street, 40 feet to the point and
place of BEGINNING.
2. Plaintiff, after making a diligent search and inquiry, has been unable to ascertain the
existence and present location of Defendant S. M. Skinner, his heirs, successors or assigns. (See the
Affidavit attached hereto and incorporated herein as Exhibit A).
WHEREFORE, Plaintiff respectfully asks leave of court to obtain service of the Complaint in
the instant matter upon the Defendant of unknown location by publication pursuant to Cumberland
County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and rule 1066-4.
Respectfully submitted,
SALZMANN HUGHES, P.C.
By: AN?UJ
Susann B. orris n, Esquire
Supreme Court No. 77041
354 Alexander Spring Road, Ste 1
Carlisle, PA 17013
(717) 249-6333
Attorney for Plaintiff
Date: 2 1 Z 16
DONNA L. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO.
S. M. SKINNER, : ACTION TO QUIET TITLE
his heirs, successors and assigns,
Defendants
AFFIDAVIT
NOW, comes Susann B. Morrison, Esquire, Affiant, who being duly deposed, does state the
following:
1. On this same date, Plaintiff filed a Complaint in an Action to Quiet Title to a 16 Acre Parcel
located in the Borough of Newville, Cumberland County, Pennsylvania.
2. On this same date, Plaintiff filed a Petition for Leave of Service by Publication requesting the
Court to allow Plaintiff to serve the Complaint in an Action to Quiet Title against Defendant S. M.
Skinner, his heirs, successors and assigns, by publication.
3. On behalf of Plaintiff, a diligent search has been made to obtain the identity, addresses or
whereabouts of S. M. Skinner, his heirs, successors and assigns.
4. An estate search was conducted at the Cumberland County Register of Wills which revealed
that S. M. Skinner died on February 21, 1904, however, no estate was opened in Cumberland County.
5. A complete records search was conducted at the Cumberland County Recorder of Deeds
Office, neither of which revealed any information concerning the identity, addresses or whereabouts of
the heirs of S. M. Skinner.
EXHIBIT
s
6. A review of the Cumberland County telephone book revealed four (4) listings of individuals
with the last name of Skinner.
7. Letters were sent on January 28, 2010 to the individuals by certified mail requesting they
contact the undersigned counsel if they are the heirs of S. M. Skinner.
8. To date, one individual responded stating that he is not an heir of S.M. Skinner and no
response has been received from the other individuals.
9. Following a diligent search, the identity and whereabouts of the heirs of S. M. Skinner are
unknown.
Sworn to and
Subscribed before me
This 12')"6y of 2010
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N&aky Publi
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Susann B. M rrison, squire
COMMONWEALTH OF PENNSYLVANIA
Notarial Seel
KW* L Coyle, Notary Public
South Middleton Twp., Cumberland Canny
My Cornmisslon Ejires July 6, 2010
Member. Pennsylvania Association of Notaries
FEB ? 1 Y010
s
DONNA L. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. lG - /U 9?/l t?? l
S. M. SKINNER, : ACTION TO QUIET TITLE
his heirs, successors and assigns,
Defendants
ORDER OF COURT
AND NOW, this ?cday of ?iya rl , 2010, upon consideration of the
foregoing Petition it is hereby Ordered that service of this Complaint and other related matters, in
an action to quiet title be permitted upon the Defendants generally, by publication pursuant to
Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3, and Rule 1066-4.
Said publication shall be by public notice with one publication in a newspaper of general
circulation in Cumberland County and one publication in the Cumberland Law Journal.
If no answer is filed or appearance is made, a judgment by default may be taken against
the aforesaid Defendants, their heirs, personal representatives or assigns.
BY THE COURT,
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