HomeMy WebLinkAbout01-4768LAW OFFICES
SnELBAKER
& SPARE
DUNKARD BRETHREN CHURCH OF
MECHANICSBURG, PENNSYLVANIA,
Plaintifi~
VS.
HEIRS OF MARGARET D. MILLER,
Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER,
ASA MILLER, BERNICE H. SHORT.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: t~/-q~ff' CIVIL TERM
ACTION TO QUIET TITLE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with a
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Date: August 13, 2001
SNELB/~.~AN & SPARE, P.C.
By ~
Att"orne ys'"'"~'or Plaintiff
LAW OFFICES
SNELBaKER.
BrENnEMAN
& SPARe
)UNKARD BRETHREN CHURCH OF
MECHANICSBURG, PENNSYLVANIA,
Plaintiff;
VS.
HEIRS OF MARGARET D. MILLER,
Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER,
ASA MILLER, BERNICE H. SHORT,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: ff/- t/7/,4" CIVIL TERM
ACTION TO QUIET TITLE
COMPLAINT
AND NOW, comes Plaintiff Dunkard Brethren Chumh of Mechanicsburg, Pennsylvania,
by its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers this cause of action in quiet title
as folloxvs:
1. Plaintiff herein is DUNKARD BRETHREN CHURCH OF
MECHANICSBURG, PENNSYLVANIA, a Pennsylvania non-profit corporation, having
its principal office at 168 Wolf's Bridge Road, Carlisle, Cumberland County,
Pennsylvania, 17013. Plaintiff is the owner of a parcel of land situated on the northern
side of U.S. Route 15, sometimes called Gettysburg Pike or "new Gettysburg Pike") in
Upper Allen Township, Cumberland County, Pennsylvania, improved with a church
structure, sometimes known as "Mohler House" or "Mohler's Church" and a cemetery, as
acquired from the Trustees of the Lower Cumberland Congregation of the Southern
District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded in
the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Deed Book 247, Page 4026.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARe
A. GLADYS FISH, an adult individual, whose last known address is
3443 Derry Street, Harrisburg, Dauphin County, Pennsylvania.
B. MARGARET FEESER, an adult individual, whose last known
address is 3201 Penbrook Avenue, Harrisburg, Dauphin County, Pennsylvania.
C. ASA MILLER, an adult individual, whose last known address is
R.D. 2, Dillsburg, York County, Pennsylvania.
D. BERNICE H. SHORT, an adult individual, whose last known
address is R.D. 1, Newville, Cumberland County, Pennsylvania.
4. Said Defendants are further identified based upon the following
background:
A. Margaret D. Miller was and continues to be the last owner of
record of the Subject Land (as more fully identified in Paragraph 2 hereinabove),
following the death of her husband, Israel W. Miller, on July 20, 1958, by reason
of a deed of conveyance of a larger tract of land more fully described in Deed
Book "S", Volume 11, Page 23, as recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania.
B. Margaret D. Miller died on August 16, 1963, leaving a Last Will
and Testament dated February 20, 1963, which was duly probated in the Office of
the Register of Wills in and for Cumberland County, Pennsylvania, on August 26,
1963.
C. Defendants GLADYS FISH and MARGARET FEESER duly
qualified and were appointed Executrices of the Estate and Will of Margaret D.
Miller, Deceased, by said Register of Wills on August 26, 1963.
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LAW OFFICES
SNELBAKER.
BRENNEMAn
& SPARE
D. Said Will of Margaret D. Miller directed that the residue of her
Estate be distributed to her four children, namely, Gladys Fish, Margaret Feeser,
Asa Miller and Bernice H. Short.
E. The Executrices aforesaid sold and conveyed a substantial part of
the real estate identified in subparagraph A immediately above to Interchange 17,
Inc., by deed dated April 1, 1965, and recorded in the Recorder's Office aforesaid
in Deed Book "N", Volume 21, Page 822, all of said conveyed land being located
on the southern side of a public road sometimes then called L.R. 123, Gettysburg
Pike and/or United States Route 15 (U.S. Route #15), and did not convey the
Subject Land, all of which latter land is located on the northern side of said public
road.
F. The Executrices aforesaid closed the Estate of Margaret D. Miller,
Deceased, by First and Final Account which was duly confirmed by the Orphans'
Court in and for Cumberland County, Pennsylvania, on June 22, 1965, and made
distribution of the residue of said Estate unto the individual Defendants above by
Order of Distribution entered on
G. To the extent that record title to the Subject Land is not vested in
the Individual Defendants, it has devolved unto the heirs of the said Margaret D.
Miller.
5. Since on or about April 1, 1965, Plaintiff has been, by itself and its
predecessors in interest, in the actual, open, continuous, exclusive, hostile and adverse
possession of the Subject Land as above described, being a period of time more than
1AW OffICES
SNELBAKER
BREnNEMAN
& SPARe
twenty-one (21 ) years prior to the filing of this Complaint, claiming to own said Subject
Land in fee against the whole world.
6. Defendants may have a claim or claims or may assert an interest or
interests in said Subject Land adverse to Plaintiff; which claim, claims, interest or
interests are without any right whatsoever, and Defendants have not, nor has any of them,
any estate, title, right or interest whatsoever in said Subject Land or any part thereof.
WHEREFORE, Plaintiffprays: (1) that Defendants and also all other persons unknown,
claiming any right, title, estate, lien or interest in the Subject Land above described adverse to
Plaintiff" s ownership may be required to set forth the nature of their several claims; (2) that all
adverse claims of Defendants or any of them be determined by a decree of this Court; (3) that by
said decree, it be declared and adjudged that Plaintiff is the owner of said Subject Land and
Defendants, or any of them, have no estate or interest whatsoever in or to said Subject Land; (4)
that Defendants, and each and every one of them, be forever barred from asserting any claim
whatsoever in or to said Subject Land adverse to Plaintiff, and (5) that the Court grant such other
and further relief as is .just and proper.
SNELB/~/~~AN & SPARE, P.C.
By ~~
k,,,~"--~chard C. Snelbaker, Esquire
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
Dated: Aug. 13,2001
LAW OFFICES
SNELBAKEr
SRENNEMAN
& SpAre
.VERIFICATION
I, Diane M. Beeman , being the Secretary of Dunkard Brethren Church of
Mechanicsburg, Pennsylvania, a corporation, the Plaintiff herein, and being duly authorized to do
so, do hereby verify that the facts set forth in the foregoing Complaint within my knowledge are
true and correct and that the facts not within my personal knowledge I believe to be true and
correct based upon the information of others. I understand that any false statements herein are
subject to the practices of 18. Pa. C.S. § 4904 relating to unsworn falsification to authorities.
Secretary, Dunkard Brethren Church
of Mechanicsburg, Pennsylvania
Dated: Aug, 9, 2001.
DUNKARD BRETHREN CHURCH OF
MECHANICSBURG, PENNSYLVANIA,
Plaintiff,
VS.
HEIRS OF MARGARET D. MILLER,
Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER,
ASA MILLER, BERNICE H. SHORT,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: 01-4768
CIVIL TERM
ACTION TO QUIET TITLE
Defendants :
MOTION FOR AUTHORIZATION TO SERVE COMPLAINT BY PUBLICATION
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
TO: THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, Dunkard Brethren Church of Mechanicsburg, Pennsylvania,
by its attorneys, Snelbaker, Brenneman & Spare, P.C., and respectfully represents as follows:
1. Plaintiff is Dunkard Brethren Church of Mechanicsburg, a Pennsylvania non-
the owner of a tract of land in Upper Allen Township, Cumberland County,
Pennsylvania, as acquired by deed from Trustees of Lower Cumberland Congregation of the
Southern District of Pennsylvania Church of the Brethren dated August 6, 2001, and recorded on
August 7, 2001 in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book 247, Page 4026, said deed also conveying the grantors' rights in and
to an adjoining tract of land allegedly titled to one Margaret D. Miller.
2. Plaintiff commenced the within action on August 13,2001, by Complaint naming
as Defendants the following:
Heirs of Margaret D. Miller, Deceased, including but not limited to,
Gladys Fish
Margaret Feeser
Asa Miller, and
Bernice H. Short.
3. The said Margaret D. Miller died on August 16, 1963. The decedent's will
disposed of her estate to her 4 children, the other Defendants to wit: Gladys Fish, Margaret
Feeser, Asa Miller and Bernice H. Short. Distribution was authorized by decree of the Orphans'
Court division of this Court on June 22, 1965.
Said children of Margaret D. Miller are the only persons known to be the heirs of
said decedent.
5.
Plaintiff and its attorneys are unfamiliar with any of the Defendants.
6. Plaintiff by its attorneys researched the whereabouts of the four distributees by the
following means:
Attempting service via the Sheriff of Cumberland County to the addresses
found in the decedent's official estate file in the Office of the Register of
Wills of Cumberland County;
Checking the telephone directories for Cumberland, Dauphin and York
Counties; and
Interviewing J. Robert Stauffer, Esquire, attomey for the Estate of
Margaret D. Miller.
7. The Sheriff was unable to find any of the Defendants in Cumberland County.
Two of the Defendants had Dauphin County addresses; the Sheriff of Dauphin County (as
deputized) likewise was unable to find such Defendants. The returns of said Sheriffas filed are
incorporated herein by reference thereto.
8. Plaintiffs attorneys were unable to locate any of the named Defendants via search
of telephone directories.
9. Attorney Stauffer retrieved his closed file on the decedent's estate to refresh his
recollection and concluded that he had no knowledge of the whereabouts or status of the
2
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
distributees and heirs of the decedent (the named Defendants) after closing the estate in 1965 and
had no addresses other than as indicated in the official file at the Office of the Register of Wills
of Cumberland County.
10. According to information supplied by Attorney Stauffer, the decedent, Margaret
D. Miller, was about 77 years of age at the time of her death in 1963, having been born on
October 11, 1886. Assuming her children, the distrtibutees-defendants, were of approximately
50 years of age at said date of death, it is likely that they are now also deceased, thus accounting
for their absence at this time.
WHEREFORE, pursuant to Pa. R.C.P. 410 and 430 and C.C.R.P. 1066-1 et seq., Plaintiff
respectfully requests your Honorable Court to authorize service of the Complaint via publication.
SNE~EMA~N & SPARE, P.C.
By_ ~squire
44 West Main Street
P.O. Box 318
Mechanicsburg, pA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
3
SNELBAKER.
BRENNEMAN
SPARE
AFFIDAVIT/VERIFICATION
COMMONWEALTH OF PENNSYLVANIA )
: SS
COUNTY OF CUMBERLAND )
Richard C. Snelbaker being duly sworn according to law, deposes and says: that he is a
principal in the law firm of Snelbaker, Brenneman & Spare, P.C., the attorney for the Plaintiff in
the within action; that he personally conducted the investigation recited in the foregoing Motion;
that as to the facts set forth therein within his personal knowledge are true and correct; and that
as to the facts supplied by others, he believes the~
XRich'~'~ C. Snelbaker
Sworn to and subscribed before me
this 3ad day of October, 2001
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
DUNKARD BRETHREN CHURCH OF
MECHANICSBURG, PENNSYLVANIA,
Plaintiff,
VS.
HEIRS OF MARGARET D. MILLER,
Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER,
ASA MILLER, BERNICE H. SHORT,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL'V. xANIA
.
No: 01-4768 CIVIL TERM
ACTION TO QUIET TITLE
ORDER OF COURT
AND NOW, this ~ day of October, 2001, upon consideration of the within
Motion for Authorization to Serve Complaint by Publication, it is ordered and decreed that
service of the Complaint by publication is hereby authorized and the Sheriff of Cumberland
County is directed to effect such service in accordance with the form of notice attached hereto,
by publishing one (1) time said notice in a newspaper of general circulation in Cumberland
County and in the Cumberland Law Journal, and make return thereo~,-~
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04768 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUNKARD BRETHREN CHURCH OF MEC
VS
MILLER MARGARET D HEIRS OF
R. Thomas Kline , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
MILLER MARGARET D DECEASED HEIRS OF the
DEFENDANT , at 1000:00 HOURS, on the 13th day of November , 2001
at PUBLISHED IN CIIMBERLJkND LAW JOURNAL
ON OCTOBER 26, 2001,
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
Publication
Publishing
Surcharge
18.00
15.00
166.95
10.00
.00
209.95
Sworn and Subscribed to before
me this ~ ~ day of
~ ~,~ A.D.
! ;Prot hon6t~r~
So Answers:
Thomas~ Kline
li/i3/2001
SNELBAKER BRENNEMAN SPARE
CLASSIFIED
ADVERTISING
INVOICE
Oues§ons regarding this invoice call (717) 255-8138
i
BILLING DATE [ 10/19/01
TO Place your ed Call Classified (717) 255-8121
Tearsheet Request call (717) 255-8417
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 286.36
$ ~ .80
$ 287.86
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
CUMBERLAND LAW JOURNAL
2 LIBERTY AVENUE
CARLISLE, PA 17013
OCTOBER 26 2001
Cumberland Law Journal is published every Friday by the Cumberland County Bar
Association and is designated by the Court of Common Pleas as the official legal publication for
Cumberland County and the legal newspaper for publication of legal notices.
TO:
Cumberland County Sheriff's Office ( Jody )
Heirs Maragret D. Miller
Legal advertisements must be received by Friday Noon. All legal advertising must be
paid in advance. Make all checks payable to: Cumberland Law Journal.
Advertisement inserted on following dates:
OCTOBER 26, 2001
104 Total Lines Printed
-35 Lines for $ 60.00
69 Lines at $1.55
Advertising Cost $ 60.00
Additional per lines charge $ 106.95
Second Proof Request $ 0.00
Payment received $ 0.00
Total Amount Due $ 166.95
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, 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 thc 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 thc printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of thc said Cumberland Law
Journal on the following dates,
Viz
OCTOBER 26, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general cimulation, 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
SWORN TO AND SUBSCRIBED before me this
26 day of OCTOBER 2001
-. NT,~tnrv /!
CUMBERI2%ND LAW JOURNAL
NOTICE
TO: Heirs of Margaret D. Miller, De-
ceased, including but not limited
to Gladys Fish. Margaret Feeser,
Asa Miller and Bernice H. Short
You are hereby notified that the
Plaintiff, Dunkard Brethren Church
of Mechanicsburg. Pennsylvania,
has commenced an action to quiet
title against you by the filing of a
complaint entered to No. 01-4768
Civil Term in the Court of Common
Pleas of Cumberland County. Penn-
sylvania, winch you are required to
defend.
This action concerns the land
here described:
ALL that triangularly shaped piece
or parcel of land situated in the
Township of Upper Allen. Cumber-
land County. Pennsylvania. the three
sides of which are more particularly
bounded and described as follows:
Side # l: BEGINNING at the north
eastern corner of Plaintiffs land;
thence projecting the northern line
of Plaintiffs land on a bearing of
South 45 degrees 33 minutes 30
seconds East, a distance of 72 feet,
more or less, to the generally north-
ern legal right-of-way line of Penn-
sylvania State Highway SR 0015.
Side #2: BEGINNING at the north-
eastern corner of Plaintiffs land;
thence /dong Plaintiffs land, South
39 degrees 8 minutes 47 seconds
East, a distance of 336.52 feet to a
point on the same and at the gener-
ally northern legal right-of-way line
of Pennsylvania State Highway SR
0015.
Side #3: BEGINNING at the last
mentioned point on the generally
northern legal right-of-way line of
Pennsylvania State Highway SR
0015; thence along said right of-way
line in a northeastwardly direction
2
to the second point mentioned in
the above description of Side # L
Said piece or parcel of land be-
ing shown on a survey plot made
by Milton H. Davis dated October
27. 1998, indicating an area of
12.129.9 square feet or 0,273 of
an acre. a copy of said survey plot
being attached to said Complaint as
filed in the Prothonotary's Office of
the Cumberland County Court
House, at Carlisle, PA.
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 ffyou
fall to do so the case may proceed
without you and a Judgment may bo
entered against you without further
notice for the relief requested by the
plaintiff, You may lose money or
property or other fights important
to you.
YOU SHOHLD TAKE THIS PA-
PER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP.
Cumberland County
Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
By: R. Thomas Kllne
Sheriff of Cumberland County
RICHARD C. SNELBAKER.
ESQUIRE
SNELBAKER. BRENNEMAN &
SPARE, P.C.
Attorneys for Plaintiff
44 West Main Street
CUMBERLAND LAW JOURNAL
Mechanicsburg. PA
17055-0318
Oct. 26
NOTICE
FO: HEIRS OF MARGARET D. MILLER, Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER, ASA MILLER and BERNICE H. SHORT
You are hereby notified that an Order has been entered to No. 01-4768 Civil Term in the
Court of Common Pleas of Cumberland County, Pennsylvania, on
2002, directing that within thirty (30) days after this publication you shall respond by appropriate
pleading to the Complaint heretofore filed against you or be forever barred from asserting any
right, lien, title or interest inconsistent with the interest or claim made by the Plaintiffin its
Complaint to the land here described:
& SPAre
ALL that triangularly shaped piece or parcel of land situated in the
Township of Upper Alien, Cumberland County, Pennsylvania, the three sides of
which are more particularly bounded and describe as follows:
Slide #1: BEGINNING at the northeastern corner of
Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a
bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72
feet, more or less, to the generally northern legal right-of-way line of
Pennsylvania State Highway SR 0015.
Sidle #2: BEGINNING at the northeastern comer of
Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes
47 seconds East, a distance of 336.52 feet to a point on the same and at the
LAW OFFJCES
SNELBAKER.
BRENNEMAN
& SPARE
generally northern legal right-of-way line of Pennsylvania State Highway
SR 0015.
Side #3.: BEGiNNiNG at the last mentioned point on the
generally northern legal right-of-way line of Pennsylvania State Highway SR
0015; thence along said right-of-way line in a northeastwardly direction to
the second point mentioned in the above description of Side # 1.
Said piece or parcel of land being shown on a survey plot made by Milton H.
Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278
of an acre, a copy of said survey plot being attached to said Complaint as filed in
the Prothonotary's Office of the Cumberland County Court House, at Carlisle,
PA.
By:
R. Thomas Kline,
Sheriff of Cumberland County, PA
Richard C. Snelbaker, Esquire
Snelbaker, Brenneman & Spare, P.C.
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
-2-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
DUNKARD BRETHREN CHURCH OF
MECHANICSBURG, PENNSYLVANIA,
Plaintiff,
VS.
HEIRS OF MARGARET D. MILLER,
Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER,
ASA MILLER, BERNICE H. SHORT,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No: 01-4768 CIVIL TERM
ACTION TO QUIET TITLE
MOTION FOR FINAL NOTICE PURSUANT TO PA. R.C.P. 1066
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff by its attorneys and respectfully moves the Court to order
final notice pursuant to Pa. R.C.P. 1066 based upon the following background and affidavit:
1. Plaintiff commenced the above captioned action by Complaint with notice to
defend duly filed on August 13,2001, averring title by adverse possession.
2. On Plaintiff's Motion, the Court, by Honorable Edgar B. Bayley, on October 8,
2001, ordered service of the Complaint by publication.
3. The Sheriff of Cumberland County, Pennsylvania, duly published a notice
pursuant to said Order in The Cumberland Law Journal on October 26, 2001 and in The Patriot-
News on October 19, 2001 (see proofs of publication filed with Sheriff's return).
4. The Defendants have not filed an Answer to said Complaint.
WHEREFORE, pursuant to Pa. R.C.P. 1006, Plaintiff respectfully requests your
Honorable Court to direct the Sheriff of Cumberland County to give final notice prior to final
judgment. SNELBAKER, BRENNEMAN & SPARE, P.C.
44 West Main Street
Mechanicsburg, pA 17055~0318
(717) 697-8528
Attorneys for Plaintiff
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
AFFIDAVIT/VERIFICATION
2OMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
Richard C. Snelbaker being duly sworn according to law, deposes and says: that he is the
Attorney for the Plaintiff in the within Action to Quiet Title, and that the facts set forth in the
foregoing Motion for Final Notice Pursuant to Pa. R.D.P. 1006 are true and correct.
Sworn to and subscribed before me
this ~ day of January, 2002
/"~ot'~y Pul~lic
Notary Pub~ I
I I,~i~',matc~g Bom, Cumberland Count/I
Association o~ NO.ftYS
SNELBAKER.
BRENNEMAN
SPARE
DUNKARD BRETHREN CHURCH OF
OECHANICSBURG, PENNSYLVANIA,
Plaintiff,
VS.
iEIRS OF MARGARET D. MILLER,
Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER,
ASA MILLER, BERNICE H. SHORT,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: 01-4768 CIVIL TERM
ACTION TO QUIET TITLE
ORDER OF COURT
AND NOW, this .~_ ~{a day of ~, 2002, upon consideration of
the within Motion for Final Notice Pursuant to Pa. R.C.P. 1006, it is ordered and decreed that the
Sheriff of Cumberland County is directed to publish final notice in accordance with the form of
notice attached hereto, by publishing one (1) time said notice in a newspaper of general
circulation in Cumberland County and in the Cumberland Law Journal, and make return thereof.
FEB
DUNKARD BRETHREN CHURCH OF
PENNSYLVANIA,
Plaintiff,
VS.
OF MARGARET D. MILLER,
Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER,
ASA MILLER, BERNICE H. SHORT,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No: 01-4768 CIVIL TERM
ACTION TO QUIET TITLE
ORDER OF COURT
AND NOW, this. 4th day of February ,2002, upon consideration of
the within Motion for Final Notice Pursuant to Pa. R.C.P. 1006, it is ordered and decreed that the
Sheriff of Cumberland County is directed to publish final notice in accordance with the form of
notice attached hereto, by publishing one (1) time said notice in a newspaper of general
circulation in Cumberland County and in the Cumberland Law Journal, and make return thereof.
By the Court,
/s/ J. Wesley Oler~ Jr.
The Difendants have failed tt~ke~ directed.
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
NOTICE
TO: HEIRS OF MAROARET D. MILLER, Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER, ASA MILLER and BERNICE H. SHORT
You are hereby notified that an Order has been entered to No. 01-4768 Civil Term in the
Court of Common Pleas of Cumberland County, Pennsylvania, on
2002, directing that within thirty (30) days after this publication you shall respond by appropriate
pleading to the Complaint heretofore filed against you or be forever barred from asserting any
right, lien, title or interest inconsistent with the interest or claim made by the Plaintiff in its
Complaint to the land here described:
ALL that triangularly shaped piece or parcel of land situated in the
Township of Upper Allen, Cumberland County, Pennsylvania, the three sides of
which are more particularly bounded and describe as follows:
Side/ti: BEGINNING at the northeastern comer of
Plaintiffs' land; thence projecting the northern line of Plaintiffs' land on a
bearing of South 45 degrees 33 minutes 30 seconds East, a distance of 72
feet, more or less, to the generally northern legal right-of-way line of
Pennsylvania State Highway SR 0015.
Side #2: BEGINNING at the northeastern comer of
Plaintiffs' land; thence along Plaintiffs' land, South 39 degrees 8 minutes
47 seconds East, a distance of 336.52 feet to a point on the same and at the
generally northern legal right-of-way line of Pennsylvania State Highway
SR 0015.
Side #3: BEGINNING at the last mentioned point on the
generally northern legal right-of-way line of Pennsylvania State Highway SR
0015; thence along said right-of-way line in a northeastwardly direction to
the second point mentioned in the above description of Side # 1.
Said piece or parcel of land being shown on a survey plot made by Milton H.
Davis dated October 27, 1998, indicating an area of 12,129.9 square feet or 0.278
of an acre, a copy of said survey plot being attached to said Complaint as filed in
the Prothonotary's Office of the Cumberland County Court House, at Carlisle,
PA.
By:
R. Thomas Kline,
Sheriff of Cumberland County, PA
Richard C. Snelbaker, Esquire
Snelbaker, Brenneman & Spare, P.C.
44 West Main Street
P.O. Box 318
PA 17055-0318
717) 697-8528
Attorneys for Plaintiff
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
-2-
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
DUNKARD BRETHREN CHURCH OF
MECHANICSBURG, PENNSYLVANIA,
Plaintiff,
VS.
HEIRS OF MARGARET D. MILLER,
Deceased, including, but not limited to,
GLADYS FISH, MARGARET FEESER,
ASA MILLER, BERNICE H. SHORT,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: 01-4768
CIVIL TERM
ACTION TO QUIET TITLE
PRAECIPE FOR FINAL JUDGMENT
TO: Prothonotary of Cumberland County
AND NOW, come Snelbaker, Brenneman & Spare, P.C., attorneys for the above named
Plaintiff, and represent as follows:
(1) That pursuant to Order of Court entered February 4, 2002 (Hon. J. Wesley
Oler, Jr.), the Sheriff of Cumberland County duly advertised Final Notice to Defendants
in the publications and on the dates as follows:
The Patriot News:
Cumberland Law Journal:
(See Sheriff's retum heretofore filed);
February 16, 2002
February 22, 2002
(2) That more than thirty (30) days have elapsed since the completion of the
advertising ordered as aforesaid; and
(3) That Defendants have failed to respond by any appropriate pleading to the
Complaint as heretofore filed.
WHEREFORE, in accordance with Pa. R.C.P. 1066(b) and C.C.R.P. 1066.4, please enter
on the Appearance Docket and on the Order of court dated February 4, 2002, that the Defendants
LAW OFFICES
SNelBaKER,
BRENNEMAN
& SPARE
failed to take the action directed in the last advertisement within the thirty (30) days' time therein
limited; and transmit to the Recorder of Deeds of Cumberland County a certified copy of said
Order of Court containing the notation above described.
SNELBAKER, BRENNEMAN & SPARE, P.C.
44West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
Dated: March 26, 2002
March 26, 2002, Final Judgment is hereby entered in fi of Plaintif
and against Defendant. ~
R. 'Long,
Curtis ~rothonotary
-2-
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04768 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUNKARD BRETHREN CHURCH OF MEC
VS
MILLER MARGARET D HEIRS OF
R. Thomas Kline , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
MILLER MARGARET D DECEASED HEIRS OF the
DEFENDANT
at
, at 1200:00 HOURS, on the 22nd day of February , 2002
by handing to
PUBLISHED IN CUMBERLAND LAW JOURNAL
a true and attested copy of COMPLAINT -QUIET TITLE
FINAL NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Publication 15.00
Cumb Law Journal 132.85
Surcharge 10.00
.00
175.85
Sworn and Subscribed to before
me this /$ ~--~ day of
~ ~2~ A.D.
r ~rothonotary ' '
So Answers:
R. Thomas Kline
03/0~/2002
SNELBAKER BRENNEMAN SPARE
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04768 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUNKARD BRETHREN CHURCH OF MEC
VS
MILLER MARGARET D HEIRS OF
R. Thomas Kline , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
MILLER MARGARET D DECEASED HEIRS OF the
DEFENDANT
at
, at 1200:00 HOURS, on the 16th day of February , 2002
by handing to
PUBLISHED IN THE PATRIOT NEWS
a true and attested copy of COMPLAINT -QUIET TITLE
FINAL NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00.
Patriot News 230.72
Affidavit .00
Surcharge 10.00
.00
246.72
Sworn and Subscribed to before
me this 73~ day of
~ ~o2~ A.D.
/P~othonotary ' ! '
So Answers: .i
R./ Thomas Kline
03/04/2002
SNELBAKER BRENNEMAN SPARE
By:
Deputy Sheriff
CLASSIFIED
ADVERTISING
INVOICE
Questions regarding this invoice call (717) 255-8138
TO Place your ad Call Classified (717) 255-8121
Tearsheet Request call (717) 255-8417
~-90IN
225.97
CUMBERLAND COUNTY SM~RI~FeS
C~RLISLE mA 1701~
Z406398CUH
CU~BERLA~ COUNT
NO. 01-~76fl CIVIL TE
TC5878011~
230.72
DUE UPON RECEIPT
CUMBErLaND COUNT
Z~O$398CU~
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 16th day(s) of February 2002. That
neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of
the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of ~)auphin ij~ Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION ........................................................................................
COPY Sworn to ands 19th day o~e~002 A.D.
' I Hallt~:)urg, Da~Jphin Col,Inly I NOTft~'RY PUBLIC
I
My Commission Expires June 6, 2002 I_ . . .
My commission expires June 6, 2002
Member, PennayNania Association ot Notaries
CUMBERLAND COUNTY SHERIFPS OFFICE
ONE ~RTHOUSE SQUARE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 228.97
$ 1.75
$ 230.72
Publisher's Receipt for Advertising Coat
The Patriot News Co., publisher of Th(~ P;~triqt-New~ and The Sund;~y Patriot-News. newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
CUMBERLAND LAW JOURNAl.
2 LIBERTY AVENUE
CARLISLE, PA 17013
FEBRUARY 22, 2002
Cumberland Law Journal is published every Friday by the Cumberland County Bar
Association and is designated by the Court of Common Pleas as the official legal publication for
Cumberland County and the legal newspaper for publication of legal notices.
TO:
Sheriffs Office % Doris Goodhart
Dunkard Brethem Church of Mechbg., Pa. vs
Heirs of Margaret D. Miller et al
Legal advertisements must be received by Friday Noon. All legal advertising must be
paid in advance. Make all checks payable to: Cumberland Law Journal.
Advertisement inserted on following dates:
FEBRUARY 22, 2002
~o2, Total Lines Printed
-35 Lines for $ 60.00
(~',7 Lines at $1.55
Advertising Cost
Additional per lines charge
Second Proof Request
Payment received
$ 60.00
s
$ 0.00
$ 0.00
Total Amount Due $ /3o~. 00.3''''
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, 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 primed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
FEBRUARY 22, 2002
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
SWORN TO AND SUBSCRIBED before me this
22 day of FEBRUARY, 2002
CUMBERLAND LAW JOURNAL
NOTICE
TO: HEIRS OF MARGARET D. MILL-
ER. Deceased, including, but not
limited to, GLADYS FISH, MAR-
GARET FEES]ER, ASA MILLER
and BERNICE H. SHORT
You are hereby notified that an
Order has been entered to No. 01-
4768 Civil Term in the Court of Com-
mon Pleas of Cumberland County,
Pennsylvania, on February 4, 2002,
directing that within thirty [30) days
after this publication you shall re-
spond by appropriate pleading to
the Complaint heretofore filed against
you or be forever barred from assert-
i~4 any right, lien, title or interest
inconsistent with the interest or
claim made by the Plaintiff in its
Complaint to the land here de-
scribed:
ALL that triaI~,l~r~y shaped piece
or parcel of land situated in the
Township of Upper Allen, Cumber-
land County, Pennsylvania, the three
sides of which are more particularly
bounded and describe as follows:
Side # 1: BEGINNING at the north-
eastern corner of Plaintiffs' land;
thence projecting the northem line
of Plaintiffs' land on a bearing of
South 45 degrees 33 minutes 30 sec-
onds East, a distance of 72 feet, more
or less, to the generally northern
legal right-of-way line of Pennsyl-
vania State Highway SR 0015.
Side #2: BEGINNING at the north-
eastern corner of Plaintiffs' land;
thence along Plaintiffs' land, South
39 degrees 8 minutes 47 seconds
East, a distance of 336.52 feet to a
point on the same and at the gen-
erally northern legal fight-of-way
line of Pennsylvania State Highway
SR 0015.
Side #3: BEGINNING at the last
mentioned point on the generally
northern legal right-of-way line of
Pennsylvania State Highway SR
0015; thence along said right-of-way
line in a northeastwardly direction
to the second point mentioned in the
above description of Side # 1.
Said piece or parcel of land be-
ing shown on a survey plot made
by Milton H. Davis dated October
27, 1998, indicating an area of
12,129.9 square feet or 0.278 of
an acre, a copy of said survey plot
being attached to said Complaint as
fried in the Prothonotary's Office of
the Cumberland County Court
House, at Carlisle, PA.
By: R. Thomas Kline,
Sheriff of Cumberland County, PA
RICHARD C. SNELBAKER,
ESQUIRE
SNELBAKER, BRENNEMAN &
SPARE. P.C.
Attorneys for Plaintiff
44 West Main Street
P.O. Box 318
Mechanicsburg, PA
17055-0318
{717) 697-8528
Feb. 22