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HomeMy WebLinkAbout11-43381 o r? REAGER & ADLER, P.C. Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attornevs for Plaintiffs SALVATORE M. CRIBARI, and IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife OF CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA VS. HOMEMAKERS LOAN & CONSUMER : NO. ' ?, 33g C ?'^ DISCOUNT COMPANY, its successors : and assigns Defendants : QUIET TITLE NOTICE TO DEFEND 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 FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 OLON %4a.06 f4 401 fz-aa S9 "?a 3 REAGER & ADLER, P.C. Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs SALVATORE M. CRIBARI, and IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife OF CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA vs. HOMEMAKERS LOAN & CONSUMER NO. DISCOUNT COMPANY, its successors : and assigns Defendants : QUIET TITLE COMPLAINT TO QUIET TITLE AND NOW, come the Plaintiffs, Salvatore M. Cribari and Linda C. Cribari, by and through their attorneys, Reager & Adler, PC, and file this Complaint to Quiet Title as follows: Plaintiffs, Salvatore M. Cribari and Linda C. Cribari (together referred to herein as the "Plaintiffs"), are adult individuals residing at 1312 Well Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Homemakers Loan & Consumer Discount Company (referred to herein as "Mortgagee") was a corporation organized under the laws of Pennsylvania, whose last known address according to a satisfaction piece recorded in the Dauphin County Recorder of Deeds on April 7, 1992, is 11311 Cornell Park Drive, Cincinnati, Ohio, 45242 and current address is unknown. 3. Plaintiffs own the premises known and numbered as No. 523 and 525 Market Street, New Cumberland, Cumberland County, Pennsylvania (the "Premises"), purchased from Wallace Rohrbach and Doris Jean Rohrbach, husband and wife, by Deed dated June 26, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 180, Page 879 (the "Deed"). A true and correct copy of the Deed is attached hereto and made a part hereof as Exhibit "A". 4. At the time of the above referenced purchase, the Mortgagee was a holder of a recorded Mortgage dated February 10, 1975 and recorded March 11, 1975 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 586, Page 938 (the "Mortgage"). A true and correct copy of said Mortgage is attached hereto and made a part hereof as Exhibit "B". 5. The Premises referred to in this Complaint is described as land in the Borough of New Cumberland, County of Cumberland, Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 % Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30'00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last 2 mentioned lands, 43° 30' 00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30'00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. Tax Parcel No. 25-24-0813-016 6. Plaintiffs believe, and therefore aver, that Mortgagee has received full satisfaction and payment of all amounts secured by the Mortgage, including any applicable satisfaction fee. 7. Mortgagee has been instructed in writing to record a satisfaction piece concerning the Mortgage or to provide a satisfactory reason why the Mortgage should not be satisfied and has failed to respond to said notice. 8. Plaintiffs desire that the Defendant be barred from asserting any right, lien, title or interest in and to the property known and numbered as No. 523 and 525 Market Street, New Cumberland, Cumberland County, Pennsylvania. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an Order that the Defendant, Homemakers Loan & Consumer Discount Company, its successors and assigns and any person or entity claiming through them, is forever barred from asserting any 3 right, lien, title or interest in and to No. 523 and 525 Market Street, New Cumberland, Cumberland County, Pennsylvania REAGER & ADLER, P.C. Date: May 13, 2011 Wayne S. Martin, Esquire Attorney I.D. No. 208078 Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs, Salvatore and Linda Cribari 4 c?XN?B? i i 15kUl"d ACRIBARLDED Jur 25. 1998 '?/Yzfv THIS DEED, : Tax Parcel No. 25-24-0813-016 CO a?h Made the day of To '1998, BETWEEN WALLACE ROHRBACH and DORIS JEAN ROHRBACH, husband and wife, Patties of the First Part, hereinafter designated as the Grantors, AND SALVATORE M. CRIBARI and LINDA C. CRIBARi, husband and wife, Parties of the Second Part, hereinafter designated as the Grantees. WITNESSETH, that the Grantors for and in consideration of SIXTY-EIGHT THOUSAND AND 00/100 DOLLARS ($68,000.00), lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever. ALL THAT CERTAIN lot or portion of ground situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 % Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said Premises, N. 46° 30' 00" E, BOOK 11,0 J*?&aW,CRffiM.DED Am 25,19M a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last mentioned lands, N. 43' 30' 00' E. a distance of twenty-four sod forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing fine between the within described premises and the premises known and numbered as 529 Market Street: thence along said dividing line S. 57' 00' 18' W. a distance of 101.70 fat (heretofore erroneously referral to as one hundred three (103) feet more or less) to an iron pin on the northern right-of--way line of Market Stred; thence along said Market Street right-of-way S. 43' 30' 00' W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallce Rohrbach, date! April 26, 1991 and recorded May 1, 1991 in the Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditam ants and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use and benefit forever. AND the Grantor covenants that, except as may be herein see forth, they do and will forever spetieft warrant and defend the lands and premises, hwe ditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number Is intended to include the appropriate gender or number as the text of the within instrument may require. ibk 00 r„iU 883 I@kWmmd8=1BAPo.DEo JLNW 25, ION Wherever in this instrument any parry shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantors have hereunto set their [ands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of Ata..'e A0x.0"J- W LLACE ROHRBACH J IL-J- DORIS luou. JEA ROHRBACH THE UNDERSIGNED CERTIFIES THAT THE RESIDENCE AND COMPLETE POST OFFICE ADDRESS OF THE GRANTEE IS: Ca. t1"11 Al / Street City State ' Code S[gnatnre REGISTERED BY THE R:M14 OF NFW g1?r18 t story BOOX 00 NGGE 881 *kW@bs1CN 13APoAEP Jlne 25, 1999 COMMONWEALTH OF PENNSYLVANIA ) I e : SS. COUNTY OF r+? b?X IU nU ) ?l BE IT REMEMBERED, that on the ?n day of Im 1998, before me the subscriber personally appeared Wallace Rohrbach and Doris Jean Rohrbach, known to me (or satisfactorily proven) to be the person(s), whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. :?ar?'? try` . bli. ? " ?i.OQlki = e es= a; e ' aY ???` ' " ?t ?° • l i ? ? c• ;?? . r . _ z , 4:> a ? . nr arB.K irrr, pue9c ?Y C ? :? ¢ritK?°'v?,r° ??• f 1wh sh ca?n?IprNSsspt., i fODo wJ/?'f/HN11M? COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) Recorded in the Office of the Recorder of Deeds, etc., in and for said County, in Book 1%• Page 219-. witness my Hand and Official Seal this 1 day of (Oki 1998. Recorder z 'gill ds & q 000K i8o rm-t 882 ?$eggg?ggx?? 6( --p* r RKAL WSTAT[ MQRTOAO! MORTGAGEE: HOMEMAKERS LOAN 3 CONSUMER DISCOUNT COMPANY 'p ,wo aTa[eT 01'v A P.... ylveale Corporation M."o sa[wous octlNOUCar } N0. xT ry7l 77 II .r r .L t.t. M."[ HWSt ' 1 ? ...[ ..L M..YMp.. ! rr .M. Meu.t. is :j 52'846 04 [I/........... Z_` SEW CUM ERIAN PA 7 7 o.f 91 .00 •x 47 ?r5 91 .0 ^3-17-75 r -7 We, the undersigned. MORTGAGORS, on this date, have executed a note described in part above,' by the terms of which MORTGAGORS have become indebted to MORTGAGEE in the sum shown as Tots[ of Payments aim" to be paid, including Interest as xPreined. This Mortgage and the lien. thereof shall be security for this debt and for any and all loans that may he made by MORTGAGEE, to MORTGAGORS at any future time; provided, however, that at no time shall the sum of the unpaid balances of the present debt and all subsequent bans exceed in'the sggregate an unpaid face amount of $6,000. MORTGAGORS covenant and warrant that MORTGAGORS be" full fee simple title to the mortgaged premises hereinafter described, that MORTGAGORS will pay the above mentioned debt as required by the mid note, and any future loans as required; that lhe'buildings on the premises shall be kept insured against loss by fire for the benefit of MORTGAGEE, in companies and amounts satisfactory to MORTGAGEE, with a standard mortgagee clause; and MORTGAGORS will pay any tax, assessment or other governmental charge, including water and tower rents, @=eased against or imposed upon the said premises, and will deliver to MORTGAGEE receipts therefor immediately upon demand. Upon non-payment by the Mortgagor of any installment on the date on when such installment xholl fell due, the entire unpaid balance of the aforesaid debt shall at the option of the Mortgagee and without notice become due and payable and foreclosure proceedings may be brought forthwith on this Mortgage end prosecuted to. Judgment,. execution and sale for the collection of the same, together with costa of the suit and attorney's commission for collection of 15% of the total indebtedness or $250.00 whichever is the larger amount. Mortgagor forever waives and releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptinnx from levy and sale of any property that now is or hereafter may he exempted by Inw. NOW '1HENKFONK. MORTGAGORS, in consideration of the said debt, and to secure payment thereof, hereby grant, bargain and sell to MORTGAGEE. ALL THAT CERTAIN tract or parcel of land situate In the County of Commonwealth of Pennsylvania, more particularly described in the Deed recorded In the office for the recording of deeds In Deed Book No. pxge___"and otherwise known m" and as may be more particularly described in the legal description attached hereto and made a part hereof. TOGETHER with the buildings, improvements, rights. Privileges, hereditament and appurtenances, and the reversions, remainders, rents, Issues and profile thereof. TO HAVE AND TO HOLD the sold premises unto MORTGAGEE forever. PROVIDED. nevertheless, that If MORTOAGOR8 shell pay to MORTGAGEE the entire debt as hereinbefore set forth, then the estate hereby granted shall cease, determine and become void. IN WITNESS WHEREOF the said MORTGAGORS have hereunto sat hands and seals the day and year Rrs1 above written. Mined, sealed and delivered in lhe,p/ewnce of: t; . . ................... ... ....... t ....................................... COMMONWEALTH OF PENNSYLVANIA DELAWARfs COUNTY OF ....................................................... 39. ................ ` . ........................?feE o . M agor _ a r.IV r .................. ................................................................. c4n)_'N Mortgagor LJ n^n n rely V i 61'1 m On the ..., LITItlay of.Fft .................. I....... , 19, ""75.., before me, personally appeared the ohnve-named ........... JUDY...SMITH ........... ............... ...........:............ng.:.................................................................................... and In due form of law acknowledged.the above INDENTURE OF MQRTOAOE to be their .:...::.............free and voluntary set and t, ' rl dead, and desired that it be recorded to such. I ? WITNESS my hand and seat the day and year aforesaid:...... ' ..„, ........ ........t.. . .. .t ......,,....[... .j..1 7 Not.q ratio" r ? .. ... ... ............... The address of the i?Ilhln;nst???il?figag? is! ??f.ls iTr•? ..Market..,St)? ..........................?; ................... .... Ne.w CUmb. . er.2.and, PA 17070 .................. . A. JOSEPH WALSH ............................. .. ............................... . . 600K 5 b f; PAGE J3 8No1in Palille, dnowd Twp„ 0oln•srs CL on behalf of MORTGAGEE II9T*ataii kst Expires Nam bee 1L 1911 VERIFICATION I, Salvatore M. Cribari, hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: SALVATORE M. CRIBARI 5 VERIFICATION I, Linda C. Cribari, hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: a' G LINDA C. CRIBARI 6 , n "!LE { ' a L r f .n? ? fk?ts 13 Q 1: f- t t LHN YLV14) I,, REAGER & ADLER, P.C. Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs SALVATORE M. CRIBARI, and IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife OF CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA VS. HOMEMAKERS LOAN & CONSUMER : NO. DISCOUNT COMPANY, its successors and assigns Defendants QUIET TITLE MOTION FOR SERVICE BY PUBLICATION AND NOW COME Plaintiffs, through their counsel, Reager & Adler, PC, and move this Court pursuant to Pennsylvania Rule of Civil Procedure 430 and seeks a special Order of Court to allow service by publication and states as follows: 1. The Plaintiffs, Salvatore M. Cribari and Linda C. Cribari (together referred to herein as the "Plaintiffs"), are adult individuals residing at 1312 Well Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Plaintiffs have filed a Complaint to quiet title in Cumberland County, a copy of said Complaint is attached hereto and marked Exhibit "A". 3. Defendant, Homemakers Loan & Consumer Discount Company's legal status and location is unknown. 4. The legal description of the tract of land for which Plaintiffs have requested the extinguishment of any right, lien, title or interest on behalf of Defendant is as follows: ALL-THAT CERTAIN lot or portion of ground situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 %2 Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30'00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last mentioned lands, 43° 30'00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30'00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. 2 5. Attached to this motion, as Exhibit "B", is an affidavit of Wayne S. Martin as to the investigations made in regard to Homemakers Loan & Consumer Discount Company. 6. Attached to this motion, as Exhibit "C", is a copy of a notice of the advertisement to be placed in the legal publication and a newspaper of general circulation within Cumberland. County. WHEREFORE, Plaintiffs respectfully requests that this Court grant an Order directing service upon Defendant, HOMEMAKERS LOAN & CONSUMER DISCOUNT COMPANY, its successors and assigns by publication by advertising a notice of the Complaint to Quiet Title in the Cumberland Law Journal and in one newspaper of general circulation in Cumberland County. The publication shall contain the caption of the action, the names of the parties, state the nature of the action and notice pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure. REAGER & ADLER, P.C. Date: May 13, 2011 Wayne S. Martin, Esquire Attorney I.D. No. 208078 Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs, Salvatore and Linda Cribari 3 ?,r?g?r Supreme G uk? County S E C T I 0 N A CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. S E C T L U N B The information collected on this form is used solely for court administration purposes. This form does not - -- Commencement of Action: - - ?? ?. r uucu uy iuw ur rutes o court. ® Complaint ? Writ of Summons ? Petition ? Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Salvatore Cribari Homemakers Loan & Consumer Discount Company Are money damages requested? ? Yes ? No Dollar Amount Requested: ?within arbitration limits (check one) ®outside arbitration limits Is this a Class Action Suit? 13 Yes 13 No Is this an MDJAppeal? 13 Yes ®No Name of Plaintiff/Appellant's Attorney: Wayne S. Martin ® Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) TORT (do not include Mass Tort) ® Intentional ? Malicious Prosecution 0 Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation ? Other: ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections Dept. of Transportation ® Statutory Appeal: Other ? Zoning Board ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent © Landlord/Tenant Dispute Q Mortgage Foreclosure: Residential ? Mortgage Foreclosure: Commercial ? Partition Quiet Title ? Other: MASS TORT 0 Asbestos ? Tobacco ? Toxic Tort - DES ® Toxic Tort - Implant ? Toxic Waste ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration 0 Declaratory Judgment ® Mandamus Non-Domestic Relations Restraining Order 0 Quo Warranto ® Replevin ® Other: Updated 1/1/2011 REAGER & ADLER, P.C. Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs SALVATORE M. CRIBARI, and : IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife : OF CUMBERLAND COUNTY, Plaintiffs, : PENNSYLVANIA Vs. p- HOMEii 3- 0 MAKERS LOAN & CONSUMER . NO. I DISCOUNT COMPANY, its successors and assigns Defendants QUIET TITLE NOTICE TO DEFEND 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 FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 REAGER & ADLER, P.C. Wayne S. Martin, Esquire Attorney I.D. No. 108078 WMartin@ReagerAdlerPC.com Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs SALVATORE M. CRIBARI, and : IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife : OF CUMBERLAND COUNTY, Plaintiffs, : PENNSYLVANIA VS. HOMEMAKERS LOAN & CONSUMER : NO. DISCOUNT COMPANY, its successors and assigns Defendants : QUIET TITLE COMPLAINT TO QUIET TITLE AND NOW, come the Plaintiffs, Salvatore M. Cribari and Linda C. Cribari, by and through their attorneys, Reager & Adler, PC, and file this Complaint to Quiet Title as follows: Plaintiffs, Salvatore M. Cribari and Linda C. Cribari (together referred to herein as the "Plaintiffs"), are adult individuals residing at 1312 Well Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Homemakers Loan & Consumer Discount Company (referred to herein as "Mortgagee") was a corporation organized under the laws of Pennsylvania, whose last known address according to a satisfaction piece recorded in the Dauphin County Recorder of Deeds on April 7, 1992, is 11311 Cornell Park Drive, Cincinnati, Ohio, 45242 and current address is unknown. 3. Plaintiffs own the premises known and numbered as No. 523 and 525 Market Street, New Cumberland, Cumberland County, Pennsylvania (the "Premises"), purchased from Wallace Rohrbach and Doris Jean Rohrbach, husband and wife, by Deed dated June 26, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 180, Page 879 (the "Deed'). A true and correct copy of the Deed is attached hereto and made a part hereof as Exhibit "A". 4. At the time of the above referenced purchase, the Mortgagee was a holder of a recorded Mortgage dated February 10, 1975 and recorded March 11, 1975 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 586, Page 938 (the "Mortgage'). A true and correct copy of said Mortgage is attached hereto and made a part hereof as Exhibit "B". 5. The Premises referred to in this Complaint is described as land in the Borough of New Cumberland, County of Cumberland, Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of=way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 % Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30'00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last 2 mentioned lands, 43° 30' 00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30' 00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. Tax Parcel No. 25-24-0813-016 6. Plaintiffs believe, and therefore aver, that Mortgagee has received full satisfaction and payment of all amounts secured by the Mortgage, including any applicable satisfaction fee. 7. Mortgagee has been instructed in writing to record a satisfaction piece concerning the Mortgage or to provide a satisfactory reason why the Mortgage should not be satisfied and has failed to respond to said notice. 8. Plaintiffs desire that the Defendant be barred from asserting any right, lien, title or interest in and to the property known and numbered as No. 523 and 525 Market Street, New Cumberland, Cumberland County, Pennsylvania. WHEREFORE, :Plaintiffs respectfully request that this Honorable Court enter an Order that the Defendant, Homemakers Loan & Consumer Discount Company, its successors and assigns and any person or entity claiming through them, is forever barred from asserting any 3 right, lien, title or interest in and to No. 523 and 525 Market Street, New Cumberland, Cumberland County, Pennsylvania REAGER & ADLER, P.C. Date: May 13, 2011 Wayne S. Martin, Esquire Attorney I.D. No. 208078 Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs, Salvatore and Linda Cribari 4 i A&MMOCRULM Jun 2e, ISIS THIS DEED, 7 .0 Tax Parcel No. 23-24-0813-016 aoa, Made the day of ?UAL BE774M WALLACE ROHRBACH and DORM JUN ROHRBACH, husband and vrtfe, Parties of the First Part. hereloafW designated as the Grazam, AND SALVATORE M. CRIBARI and LINDA C. CRiBARI, husband and Wife, Panics of the Second Part, hereinafter designated as the Grantees. W NERSETH, that the Grantos for and in consideration of 1111TY EIGHT THOUSAND AND MOD DOLLARS (Sf8,000.90), lawfoi money of the United Slues of America, to the Grantors in hand well and truly paid by the Grantees, at or before the waling and delivery of these pres,n . the receipt whereof is hereby wknowledged and the Granton being therewith tally sadifled, do by there prsretu Vat, bwpb4 sell and convey unto the Grantees forever. ALL THAT CERTAIN lot or portion of ground sitoatod in the Borough. of New C unberlaod, County of Cumberland and State of Peamylvania. having thereon erected a two story double !cause dwelling home, (mown and numbered as No. 523 and 323 Marbet Street, bounded and deacrilW as follows: BEGIINNIW at a point an the northern right-of-way line of Marloet Strad which point is located thsty (3M feet west of Fifth Avenue on the dividing line between the premises (mown and numbered as 321 % Marten Sheet and the within described tract of land: thentx along said dividing line and along a four (4) foot joint alley between the said premises, N. 46.30' pp" B. WK 180 nce 8703 __..... , Exhibit «q» j -1 - KWZrJIVJUM Jar la, INN a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last mentioned leads. N. 43' 30'00' 13. a distance of twenty-four end forty-six hundredths (24,46) feet(heremlbre errcmeoualy referred m as a dbumce of twenttyy-one (2l) Beat mwe or ka) to an iron pinto the dividing Hoe betwean dro widda described promises and the peanites known and numbered as 329 Marimt Street; thence along add dividing line S. S7' 00' 18' W. a dl stance of 101.70 feet (heretofore erroneously referred to a one hundred three (103) feet more or leas) to an iron pin on the northern right-of-way Hoe of Madmt Street; thence along aid Market Street right-of-way S. 43' 30' 00' W. a distance of forty-three (43) feet to the point and place of BBOD MNG. The above desa4bed premises is pursuant to two surveys performed by J.R. Corby do Son, dated September 3. 1990 and September 5, 1990, copies of which arc recorded in Cumberland County Recorder of Deeds O@loe in Deed Book B, Volume 35, page 1068. BEING the ante premises granted and conveyed now Wallace Rohrbach and Doris Jan Rohrbech, by deed of Walke Rohrbaeh, dried April 26, 1991 and recorded May 1. 1991 in the Cumberland County Recorder of Deeds Office In Deed Book B, Volume 35. Page 1068. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they nay Appear. TOG)LTIM with all and singular the buildings. improvements, ways, woods, waters, wataeoursa, rights, liberties, privileges. be editaments and appuramances to the same beloogiag or in anywise appertaining; and the reversion and reversions, remainder and remainders, mats. issues and profhs thereof, and of every part and pared thereof; AND ALSO all the estate, right, title, interest, use. possession. property, calm and demand whatsoever of the Grantors both in law and in alulty. of, in and to the premises bereim described and every part and parcel thereof with the appatoanances. TO HAVE AND TO HOLD all and singular the premises herein described together with the heredimaents and appurtenances unto the Otaatees and to thy Grantees' proper use and benefit forever. AND the Grantor cove mmIs that. except so may be herein set forth. they do and will forever spedaYy warrant and defend the amts and promises, hereditu neals and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the sane or guy pat thereof, by, 8rom or under it, them or any of rheas. in all rdaeeoes herein to any parties, persons. entities or corporations, the use of any particular gender or plural or singular'mm?ber Is untended to include the app mprift gender or number as the text of the within instrument nay require. curse 9.80 nu 880 iend..a.CasNU.oeo Jur 26. 1906 , Wherever its MIS insoroment any patty shall be darted or referred to by am= Be=W reference, inch designation b intended to and dali have do same effect as If thewords r `heirs, common administraoon, personal or kpi representatives. snccestots and asaiiro• had been matad am each and every web desipaation. IN WrrMKSS WHEREOF, the Grantors have beramm set their hands and nab the day and year fiat above written. Mp W, Seded and Dellvered in the ptnenoe of ILU4-r .ak W LACE ROHRBACH J a DORIS JEA ROHRBACH TAE UNDERSIGNED CERTIFIES TEAT THE RESIDENCE AND COMPLETE POST OFFICE ADDRESS OF THE GRAMrEff IS: A Strad city 8ttte S/ Zip Cade ton RMWW M" BY THE OF am f 8d rACE 881 COMMONWEALTH OF PENNSYLVANIA ) I Wj : SS. COUNTY OF BE TT REIMBJEL M, that an the Q(64b day of XW 1998, before me the subscriber personally appmw Wallace Rohrbatdt a)d Doris Ina Rohrbach. known to me (or satisfim"rily provo w be do pers*s), whose mme(s) are subscribed to the within insortmrcnt and ackaowledted that they executed the sates for the purposes therm contained. IN WPII M WHEREOF, I hero set my hand and official seal. Clary biic h ? ?J,??, `a%• PbYetrlarM . .¢ v p? oaaa? 114 ?• sb'Ooirdrslrn tir?ttt,aptlo COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY,OF CUMBERLAND ) Recorded in the Office of the Recorder of Dads, etc., in and for said County. in (look 1% Page 219- -' Witness my Band and Official Seal this b day of (014 , 1998. Recorder jilt 10111® K IN DWK :L8O rXE 882 M x M O Wass Smssaigm !D -cm s s I MOIeTOAai MORTGAGEE: HOMEMAKERS LOAN i CONSUMER MCOWIT COMPANY us s" iressr CITY A Psnasylv;"le Cery."tio, ,. `? '.avr nlwrw 1 nyn..ur[.err sea[ .1.. s: 141SAA 4 .FM.i.I.Y PA 7 wf 91.00 - 47 w2 91 .0 31773 •. S:::L•.r?•a .?..n,? seed K We, the undersigned, MORTGAGORS, on this data. have onested a note described in part eb.. by the terms or which MORTGAGORS have become indebted to MORTGAGES in the aura shown, r Total of Paymehts above to be paid, including interest w weiRed. This Mortgage and the 'Nan thereof shall be security few this debt end for any and all bane that may be made by MORTGAGEE to MORTGAGORS at any future time; provided, however, that at no time ship the sum of the unpaid balances of the pnwenl debt and all subsequent bans exceed in the sprepte an unpaid taes amount of S6,000. MORTGAGORS covenant and warrant that MORTGAGORS have full red limple titre to the mortgaged promins described, that MORTGAOORS wfil pay the above mentioned debt se required by the said now. and future bans as re herei that the•bulldinge on the premium /hall be kept Insured against lose by fire for the benent of MORTGAGEE, In Solved; amounts satisfactory to MORTGAGES, with a standard martgrgve clause; and MORTGAGORS will poy soy , wmatampanlea and other governmental charge, including water and@*war mats. /aaseaad y sex. !iver to MOR7GA066 receipts tiserofor immediate against m imposed upon the said prom". and will diBver to Upon non-payment ty upon demand. ; payment by the Mortgagor of any instillment on the date on when such hwtallmenl'shail fell due, the eamre unpaid balance of line aforesaid debt shall at the option of the Mortgagee 'and without notice bdegmm due and payable and foreclosure, proceedings may be brought forthwith on this Mortgage and promeculed to-Judo sent.•exaantion and axle for the collection of the some. logulher with coals or the suit and ollorneyti commission for Collection of 15% of the loW Indebted" s or $250.011 whichever Is the larger amount. Mortgagor forever waives and releases all orrom In sold proceedings. wale" slay Of. execution, the right of ingvWUon and extension of time of payment, agrees to condemnation of any property levied upon by virtue or any such execution, and waives all exemptinnx from levy and sale of any property that now Is or hereafter may be exempted by law, NOW TIIKRKPORK, MORTGAGORti, in consideration of the said debt, and to secom payment thereof, hereby grant. bargain and sell to MORTGAGEE. ALL THAT CERTAIN beet or parcel of land situate In the County of Commonwedth of Pennsylvania, more particularly described In the Derd recorded in the office for the Pecos do C of deeds In Deltl Book Na. pupa- "snd otherwise known se" and as may be a_ particularly deseribed In the legal description attached hereto and made a put hereof. 70OWMER with the buildings, Irnprovirnants, rights. Privileges, herediwmen a and sppartemencee, and the revemiam, remaindora, rents, [awn and profits Ihemof. TO HAVE AND TO HOLD the said promises onto MORTGAGEE forever, PROVIDED, nevertheless, that it MORTGAGORS shall pay to MORTGAGES the entire debt is herelnbefam set forth, than the "Into hereby grontedshall comm. determine and become void. IN WrTNEBS WHSRBOP the mid MORTGAGORS have hereunto set hands and seats the day and 'year firer she" written, Signed. "sled and delivered C , In / 00 ,01" ox. ...... 6 COMMONWEALTH 0Ir PENNSYLVANIA I COUNTY or..... BELAWAR fB Lr' On the .... UlHIny, aof .F. sly .......................... 19, ,. j!;- before me. Peroonelly aPP aved the aboe,emled ..................... JUDY ...aMTH........... and In due form of law acknowledod. the a" INDSNTURB Orr Mg4.TGAGE b be thela:.. ..............free and voluntary act and deed, and'dealrod that It be recorded a such. WITNESS my ``hand and cool the day and year aformala:'w The address or chi ?ritxin n.rr!elJJd g I% ` ,r .. I ....,.. N.ws ?rir: * r 05 Market St? \? '?4dX1;cl? ....... .....»........_..._...« ...;1.._ ..............."...;1 _................ 1leN CLlberland, PA 17070 on behalf or MORTOA0B6 1<OOK fJ?? PA6E J? ONsprr IubMk fieeasrl TwpN 9ehrwe fti. W rAvoijd!a E** November li. toil Exhibit "B" VERIFICATION I, Salvatote M. Cribari, hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: It T SALVATORE M. CRIBARI 5 VERIFICATION I, Linda C. Cribari, hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: LINDA C. CRIBARI 6 ?X}?,?1 T SALVATORE M. CRIBARI, and IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife OF CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA vs. HOMEMAKERS LOAN & CONSUMER :NO. DISCOUNT COMPANY, its successors and assigns Defendants : QUIET TITLE AFFIDAVIT I, Wayne S. Martin, counsel for Plaintiffs, Salvatore M. Cribari and Linda C. Cribari, makes this Affidavit on the basis that any false statement herein is subject to the penalties of 18 Pa. C.S.A. Section 4904 and state that the Motion for Service by Publication was filed only after carrying out a good faith effort to locate Defendant, Homemakers Loan & Consumer Discount Company. The investigation included: A business search with the Pennsylvania Department of State had no listing for the Homemakers Loan & Consumer Discount Company. A phone call on March 25, 2011 to the Pennsylvania Department of State confirmed that Homemakers Loan & Consumer Discount Company was not a Pennsylvania Corporation and was not registered to do business in Pennsylvania. 2. A search with the Pennsylvania Department of Banking had no information for the Homemakers Loan & Consumer Discount Company. 3. A business search with the New York, New Jersey, and Maryland Departments of State had no listing for Homemakers Loan & Consumer Discount Company. 4. A business search with the Connecticut Department of State indicated that Homemakers Loan & Consumer Discount Company was a foreign corporation organized under the laws of Pennsylvania and that the filing was withdrawn in 1985. 5. A business search with the Ohio Department of State indicated that Homemakers Loan & Consumer Discount Company was a foreign corporation organized under the laws of Pennsylvania and had a designated agent CT Corporation System. The documents indicated that the registrant was cancelled by the Tax Department on October 18, 1985. 6. By letter dated March 25, 2011 the undersigned counsel sent notice to CT Corporation System to record the satisfaction piece in accordance with the Act of December 9, 2002 (P.I. 1530, No. 197), known as the Mortgage Satisfaction Act. CT Corporation responded by letter of April 20, 2011 and indicated that "it has been determined that CT Corporation System is not the registered agent for an entity by the name of Homemakers Loan & Consumer Discount Company." 7. The land records in both the Cumberland County Recorder of Deeds office and the Recorder of Deeds offices in the surrounding counties were searched. The last filing by "Homemakers Loan & Consumer Discount Company" was a satisfaction piece filed in the Dauphin County Recorder of Deeds office on August 21, 1984 which listed the address as Suite 170, #9 Parkway Center, Pittsburgh, PA 15220 and a filing by "Homemakers Loan & Consumer Discount Company d/b/a GECC Consumer Discount Co." on April 7, 1992, which listed the address as 11311 Cornell Park Drive, Cincinnati, Ohio, 45242. 8. By letter dated April 11, 2011 the undersigned counsel sent notice to last known addresses in Pittsburgh and Cincinnati to record the satisfaction piece in accordance with the Act of December 9, 2002 (P.I. 1530, No. 197), known as the Mortgage Satisfaction Act. Both notices were returned to sender as not deliverable, unable to forward. 9. Examinations of national telephone directories via the internet yielded no information regarding the current addresses of Homemakers Loan & Consumer Discount Company. 10. Plaintiffs have determined based on the information above that: Homemakers Loan & Consumer Discount Company has been inactive since 1992 and has no interest in the subject real estate. REAGER & ADLER, P.C. Dated: May 13, 2011 `? Wayne S. Marti ??V'?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ACTION TO QUIET TITLE Docket No. Salvatore M. Cribari and Linda C. Cribari, husband and wife Plaintiffs VS. Homemakers Loan & Consumer Discount Company, its successors and assigns Defendants To: HOMEMAKERS LOAN & CONSUMER DISCOUNT COMPANY, its successors and assigns You are notified that an Order has been entered to docketed to No. in the Court of Common Pleas Cumberland County, Pennsylvania, on the _ day of 2011 directing that within thirty (30) days after this publication you shall plead to the above referenced complaint or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in plaintiffs' complaint to the land here described: ALL-THAT CERTAIN lot or portion of ground situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 % Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30'00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last mentioned lands, 43° 30'00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30'00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. By _ Sheriff Wayne S. Martin, Esquire Reager & Adler PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiffs NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Wayne S. Martin, Esquire Reager & Adler PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ui N Hip r'?,OTHONOTA ' 2011 JUN 29 AID 10: 51 CUMBERLAND COUNTY PENNSYLVANIA REAGER i& ADLER, P.C. Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attornevs for Plaintiffs SALVATORE M. CRIBARI, and IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife OF CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA vs. HOMEMAKERS LOAN & CONSUMER NO. 11-4338 DISCOUNT COMPANY, its successors and assigns Defendants QUIET TITLE MOTION PURSUANT TO C.C.R.P. 1066-3 AND NOW COME Plaintiffs, through their counsel, Reager & Adler, P.C., and moves this Court for the entry of Order directing that the Defendants be barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in Plaintiff's Complaint for Quiet Title and in support thereof states as follows: 1. On May 13, 2011, Plaintiffs filed a Complaint to Quiet Title against Defendants. 2. On May 23, 2011, this Court issued an Order allowing service by Publication on the Defendants. Notice to Defendants was published in the Cumberland Law Journal on June 10, 2011 and the Central Penn Business Journal on June 10, 2011. Copies of said proofs of publication are attached hereto as Exhibit "A". 4. The Defendants have not responded or otherwise filed any response to the Plaintiff s Complaint. WHEREFORE, the Plaintiff respectfully requests the Honorable Court enter and Order directing that the Defendants enter a defense to the captioned Complaint for Quiet Title within 30 days of the date of publication of the proposed order or be barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in Plaintiff s Complaint for Quiet Title. REAGER & ADLER, P.C. Date: June 28, 2011 /Af Wayne S. Martin, Esquire Attorney I.D. No. 208078 Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs, Salvatore and Linda Cribari SALVA TORE M. CRIBARI, and IN THE COURT OF COMMON PLEAS LINDA CRIBARI, husband and wife OF CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA VS. HOMEMAKERS LOAN & CONSUMER NO. 11-4338 DISCOUNT COMPANY, its successors and assi ns Defendants QUIET TITLE ORDER 101- NOW, this 30 day of UFOA , 2011, upon consideration of s Motion Pursuant to C.C.R.P. 1066-3, the Motion is hereby GRANTED. IT IS HEREBY ORDERED that the Defendants are directed to enter a defense to the captioned to Quiet Title within 30 days of the date of publication of this Order or forever barred fr?m asserting any right, lien, title or interest in the following described parcel: EGINNING at a point on the northern right-of-way line of Market meet which point is located thirty (30) feet west of Fifth Avenue on the viding line between the premises known and numbered as 521 '/z Market :reet and the within described tract of land; thence along said dividing Ze and along a four (4) foot joint alley between the said premises, N. 46° )'00" E. a distance of one hundred (100) feet to an iron pin at lands now formerly of Reisinger; thence along last mentioned lands, 43° 30'00" E. distance of twenty-four and forty-six hundredths (24.46) feet (heretofore roneously referred to as a distance of twenty-one (21) feet more or less) an iron pin on the dividing line between the within described premises id the premises known and numbered as 529 Market Street; thence along id dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore roneously referred to as one hundred three (103) feet more or less) to an in pin on the northern right-of-way line of Market Street; thence along id Market Street right-of-way S. 43° 30'00" W. a distance of forty-three 3) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J. . Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. \2 WING the same premises granted and conveyed unto Wallace Rohrbach nd Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 991 and recorded May 1, 1991 in the Cumberland county Recorder of )eeds Office in Deed Book B, Volume 35, Page 1068. ax Parcel No. 25-24-0813-016 J. Distrib tion: R14ma Svude,-S Wayne . Martin, Esquire Linus E Fenicle, Esquire REAG R & ADLER, PC Q% 2331 Market Street c ? `n Camp Hill, PA 17011 ? ` s z? ? rnr Cory ma . Iew eo/_a%/ ?D o w 0 ?n -<Zo ?? G? .°?m r1 ' ;7) C ?f =- t r? n n REAGER & ADLER, P.C. a Wayne S. Martin, Esquire F .. Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com Linus E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attornevs for Plaintiffs SALVATORE M. CRIBARI, and IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife OF CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA VS. HOMEMAKERS LOAN & CONSUMER NO. `y 3>> DISCOUNT COMPANY, its successors and assigns Defendants : QUIET TITLE AFFIDAVIT OF SERVICE BY PUBLICATION I, Wayne S. Martin, Esquire, attorney for Plaintiff in the above-captioned case, hereby state that: Pursuant to this Court's Order of May 23, 2011 permitting Plaintiffs to serve Defendant by publication, I caused the notice attached hereto at Exhibit "A" to be advertised on June 10, 2011. I thereafter received the Proofs of Publication attached hereto as Exhibit "B". This affidavit is made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. REAGER & ADLER, P.C. IZA X/t7 Date: I ?> I Way de S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs, Salvatore M. and Linda C. Cribari NOTICE TO QUIET TITLE To: HOMEMAKERS LOAN & CONSUMER DISCOUNT COMPANY, its successors and assigns You are notified that plaintiffs Salvatore M. and Linda C. Cribari have commenced an Action to Quiet Title against you entered to Docket No. 11-4338 in the Court of Common Pleas of Cumberland County, Pennsylvania, which you are required to defend. This action concerns the land here described: ALL-THAT CERTAIN lot or portion of ground situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 1/2 Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30' 00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last mentioned lands, 43° 30'00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30'00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses 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. Exhibit "A" YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 / 717-249-3166 Wayne S. Martin, Esquire Reager & Adler PC 2331 Market Street, Camp Hill, PA 17011 Attorney for Plaintiffs THE CENTRAL PENN BUSINESS JOURNAL Proof of Publication Under the Pennsylvania Newspaper Advertising Act 45 Pa.C.S. § 101, et seq. Commonwealth of Pennsylvania j ssj County of Dauphin I Jerome Zary, being duly sworn according to law, deposes and says: That he is the Controler of and duly authorized agent for JOURNAL PUBLICATIONS INC., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1500 Paxton Street, in the city of Harrisburg, County of Dauphin, State of Pennsylvania; that the THE CENTRAL PENN BUSINESS JOURNAL, a newspaper of general circulation distributed and circulated in Dauphin, Cumberland, Lancaster, Lebanon and York counties , is published by the said JOURNAL PUBLICATIONS INC. at 1500 Paxton Street, in the City, County and State aforesaid; and that THE CENTRAL PENN BUSINESS JOURNAL was established September 9th, 1984 and has been continually published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in the weekly editions/issues of the CENTRAL PENN BUSINESS JOURNAL which appeared on the 10th day(s) of June 2011. That neither he nor said Corporation 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 This is a statement published by JOURNAL PUBLICATIONS INC. PUBLICATION NOTICE TO QUIET TITLE COPY Jerome Z To: HOMBAAKERS LOAN a CONSUMER DISCOUNT COMPANY, its sutxessors and assigns You are notified that plaintiffs Salvatore sworn to and subscribed before me this 1'6 day of 2011 A.D. M. and Linda C. Cribari have commenced an Action to Quiet Title against you en- tered to Docket No. 11-4338 in the Court of Common Pleas of Cumberland County, NOTA PUBLIC Pennsylvania, which you are required to defend. This action concerns the land here Y VW described: =:DONNASCHANKWEILER, F p ALL-THAT CERTAIN lot or portion of AL SEAL ground situated in the Borough of New Notary p? Cumberland, County of Cumberland and off r Dauphin County State of Pennsylvania, having thereon 6ion res October 03, 2012 erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, bounded and de- scribed as follows: JOURNAL PUBLIC circulated in Daupl publication costs and Re: NOT] Reager & 2331 Mark Camp Hill, Attention: BEGINNING at a point on the northern right-of-way line of Market Street. which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the Receipt for Advertising Cost premises known and numbered as 521 ?L PENN BUSINESS JOURNAL, newspaper of general circulation, distributed and Y2 Market Street and the within described and York counties, hereby acknowledges receipt of the aforesaid notice and tract of land; thence along said dividing line id and along a four (4) foot joint alley between the said premises, N. 46° 30' 00" E. a dis- tance of one hundred (100) feet to an iron THE CENTRAL PENN BUSINESS JOURNAL pin at lands now or formerly of Reisinger; thence along last mentioned lands, 43° 30' 00" E. a distance of twenty-four and &.. ....... A ...... . .......... .. W ................... forty-six hundredths (24.46) feet (hereto By.. fore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the prem- ises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30' 00" W. a distance of forty-three (43) feet to the Exhibit "B" point and place of 111110NWMG. The above described premises is pur8nt to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and Sep- tember 5, 1990, copies of which are re- corded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohr- bach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. IOTICE 'ou have been sued in Court. If you wish o defend, you must enter a written appear- mce personally or by attorney and file your iefenses or objections in writing with the ;ourt. You are warned that if you fail to do ;o the case may proceed without you and a udgment may be entered against you with- wt further notice for the relief requested by :he plaintiff. You may lose money or prop- ,rty or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAW- YER, THIS OFFICE MAY BE ABLE TO PRO- VIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SER- VICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 / 717-249-3166 Wayne S. Martin, Esquire Reager & Adler PC 2331 Market Street, Camp Hill, PA 17011 Attorney for Plaintiffs 1 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 June 10, 2011 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. Li a Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 10 day of June, 2011 A Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE TO QUIET TITLE To: HOMEMAKERS LOAN & CON- SUMER DISCOUNT COMPANY, its successors and assigns You are notified that plaintiffs Salvatore M. and Linda C. Cribari have commenced an Action to Quiet Title against you entered to Docket No. 11-4338 in the Court of Com- mon Pleas of Cumberland County, Pennsylvania, which you are required to defend. This action concerns the land here described: ALL THAT CERTAIN lot or portion of ground situated in the Borough of New Cumberland, County of Cum- berland and State of Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, bounded and de- scribed as follows: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 1/2 Market Street and the within de- scribed tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30'00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Rei- singer; thence along last mentioned lands, 43° 30' 00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty- one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hun- dred three (103) feet more or less) to an iron pin on the northern right- of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30'00" W. a distance of forty- three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated Sep- tember 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street . • e 2; c: ri tt'?i 1 Ftil_ANO COURT ?El??'IOYLV?+?1A REAGER & ADLER, P.C. Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs SALVATORE M. CRIBARI, and IN THE COURT OF COMMON PLEAS LINDA C. CRIBARI, husband and wife OF CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA VS. HOMEMAKERS LOAN & CONSUMER NO. 11-4338 DISCOUNT COMPANY, its successors and assigns : Defendants QUIET TITLE AFFIDAVIT OF PUBLICATION I, Wayne S. Martin, Esquire, attorney for Plaintiff in the above-captioned case, hereby state that: Pursuant C.C.R.P. 1066-3, I caused the notice attached hereto at Exhibit "A" to be advertised on July 15, 2011. I thereafter received the Proofs of Publication attached hereto as Exhibit "B". This affidavit is made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. REAGER & ADLER, P.C. Date: September 9, 2011 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiffs, Salvatore M. and Linda C. Cribari Ex? NOTICE TO QUIET TITLE To: HOMEMAKERS LOAN & CONSUMER DISCOUNT COMPANY, its successors and assigns You are notified that an Order has been entered to Docket No. 11-4338 in the Court of Common Pleas of Cumberland County, Pennsylvania, on June 30, 2011 directing that you shall enter a defense to the captioned Complaint to Quiet Title within 30 days of the date of publication of this Order or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in the plaintiffs complaint to the land here described: ALL-THAT CERTAIN lot or portion of ground situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 '/z Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30' 00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last mentioned lands, 43° 30' 00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30'00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. Tax Parcel No. 25-24-0813-016 Wayne S. Martin, Esquire Reager & Adler PC 2331 Market Street, Camp Hill, PA 17011 Attorney for Plaintiffs Street; thence along said dividing One S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30' 00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and Sep- tember 5, 1990, copies of which are re- corded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohr- bach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. Tax Parcel No. 25- 24-0813-016 Wayne S. Martin, Esquire Reager & Adler PC 2331 Market Street, Camp Hill, PA 17011 Attorney for Plaintiffs THE CENTRAL PENN BUSINESS JOURNAL Proof of Publication Under the Pennsylvania Newspaper Advertising Act 45 Pa.C.S. § 101, et seq. Commonwealth of Pennsylvania ) ss) County of Dauphin } Jerome Zary, being duly sworn according to law, deposes and says: That he is the Controler of and duly authorized agent for JOURNAL PUBLICATIONS INC., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1500 Paxton Street, in the city of Harrisburg, County of Dauphin, State of Pennsylvania; that the THE CENTRAL PENN BUSINESS JOURNAL, a newspaper of general circulation distributed and circulated in Dauphin, Cumberland, Lancaster, Lebanon and York counties , is published by the said JOURNAL PUBLICATIONS INC. at 1500 Paxton Street, in the City, County and State aforesaid; and that THE CENTRAL, PENN BUSINESS JOURNAL was established September 9th, 1984 and has been continually published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in the weekly editions/issues of the CENTRAL PENN BUSINESS JOURNAL which appeared on the 15`s day(s) of July 2011. That neither he nor said Corporation 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 This is a statement published by JOURNAL. PUBLICATIONS INC. PUBLICATION NOTICE TO QUIET TITLE COPY To: HOMEMAKERS LOAN & CONSUMER DISCOUNT COMPANY, its successors and assigns You are notified that an Order has been en- tered to Docket No. 11-4338 in the Court of Common Pleas of Cumberland County, Pennsylvania, on June 30, 2011 directing that you shall enter a defense to the cap- tioned Complaint to Quiet Title within 30 days of the date of publication of this Or- der or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in the plain- tiff's complaint to the land here described: ALL-THAT CERTAIN lot or portion of ground situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, having ttweon erected a two story double frame dwekig house, knawrl and numbered as No. 523 and 525 Market Street, bounded and de- scribed as follows: JOURNAL PUBLIC: BEGINNING at a point on the northern circulated in Daup, right-of-way line of Market Street which publication costs and point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 Y2 Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30' 00" E. a dis- Re: HOME: of one hundred (100) feet to an iron Reager & Ad pin at lands now or formerly of Reisinger; 2331 2331 Market thence along last mentioned lands, 43° Camp Hill, P 30' 00" E. a distance of twenty-four and Attention: w. forty-six hundredths (24.46) feet (hereto- fore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the witttln described premises and the prem- ises known and numbered as 529 Market Jerome Sworn to and subscribed before me this / r-day of 9A? 2011 A.D. NOTARY P LIC ALTH g NN Y VAN TARIAL SEAL 7C NKWEILER, Notary ?+bMc sburg' DaLVW Cq y ExPb" sober 03, 2012 Receipt for Advertising Cost L PENN BUSINESS JOURNAL, newspaper of general circulation, distributed and and York counties, hereby acknowledges receipt of the aforesaid notice and 1d. THE CENTRAL PENN BUSINESS JOURNAL JNT COMPANY By ?x? 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 July 15, 2011 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, Editor SWORN TO AND SUBSCRIBED before me this 15 day of July, 2011 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE TO QUIET TITLE To: HOMEMAKERS LOAN & CON- SUMER DISCOUNT COMPANY, its successors and assigns You are notified that an Order has been entered to Docket No. 11-4338 in the Court of Common Pleas of Cumberland County, Pennsylvania, on June 30, 2011 directing that you shall enter a defense to the captioned Complaint to Quiet Title within 30 days of the date of publication of this Order or be forever barred from asserting any right, lien, title or in- terest inconsistent with the interest or claim set forth in the plaintiff's complaint to the land here described: ALL-THAT CERTAIN lot or portion of ground situated in the Borough of New Cumberland, County of Cum- berland and State of Pennsylvania, having thereon erected a two story double frame dwelling house, known and numbered as No. 523 and 525 Market Street, bounded and de- scribed as follows: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 1/2 Market Street and the within de- scribed tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30'00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Rei- singer; thence along last mentioned lands, 43° 30' 00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty- one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hun- dred three (103) feet more or less) to an iron pin on the northern right- of-way line of Market Street; thence along said Market Street right-of-way S. 43° 30' 00" W. a distance of forty- three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated Sep- tember 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. Tax Parcel No. 25-24- 0813-016. WAYNE S. MARTIN, ESQUIRE REAGER & ADLER PC Attorneys for Plaintiffs 2331 Market Street Camp Hill, PA 17011 July 15 SALVATORE M. CRIBARI, and LINDA C. CRIBARI, husband and wife Plaintiffs, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOMEMAKERS LOAN & CONSUMER NO. 11-4338 DISCOUNT COMPANY, its successors and assigns Defendants : QUIET TITLE PRAECIPE FOR ENTRY OF FINAL JUDGMENT TO THE PROTHONOTARY: -vy cxo t- cn G r*a cn rv -o N c?? Please enter a final decree and judgment in favor of Plaintiffs, Salvatore M. Cribari and Linda C. Cribari and against the Defendant, Homemakers Loan & Consumer Discount Company, its successors and assigns, in accordance with the Court Order dated June 30, 2011 a copy of which is attached hereto and incorporated herein as Exhibit A. Date: September 9, 2011 Wayn . Martin, Esquire Attorney I.D. No. 208078 Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 C-"- "? `rte o , o?-Ta o Attorneys for Plaintiffs, Salvatore and Linda Cribari q, 0 0 0,4. a5 ?* a- 6 Vii? \2 SALVATORE M. CRIBARI, and LINDA C CRIBARI, husband and wife Plaintiffs, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOMEMAKERS LOAN & CONSUMER NO. 11-4338 DISCOUNT COMPANY, its successors and assigns Defendants : QUIET TITLE ORDER AND NOW, this 3d day of ? "'*1^4 _, 2011,,•upon consideration of Plaintiffs Motion Pursuant to C.C.R.P. 1066-3, the Motion is hereby GRANTED. IT' IS HEREBY ORDERED that the Defendants are directed to enter a defense to the captioned Complaint to Quiet Title within 30 days of the date of publication of this Order or forever barred from asserting any right, lien, title or interest in the following described parcel: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 ''/z Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30' 00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last mentioned lands, 43 ° 30'00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S 57° 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of--way line of Market 'Street; thence along said Market Street right-of-way S. 43° 30' 00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. Exhibit "A" BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean. Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. Tax Parcel No. 25-24-0813-016 J. Distribution: Wayne S. Martin, Esquire Linus E. Fenicle, Esquire REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 TRUE COPY FROM RECORD to TestWony whereat, i here unto set my hand end the seat of said Cou at Cadbte. Pa. This iQ day i o of prothonotary \2 SALVATORE M. CRIBARI, and LINDA C. CRIBARI, husband and wife Plaintiffs, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOMEMAKERS LOAN & CONSUMER NO. 11-4338 DISCOUNT COMPANY, its successors and assigns Defendants : QUIET TITLE ORDER AND NOW, this 3'04*'day of tvv*A , 2011, upon consideration of Plaintiff's Motion Pursuant to C.C.R.P. 1066-3, the Motion is hereby GRANTED. IT IS HEREBY ORDERED that the Defendants are directed to enter a defense to the captioned Complaint to Quiet Title within 30 days of the date of publication of this Order or forever barred from asserting any right, lien, title or interest in the following described parcel: BEGINNING at a point on the northern right-of-way line of Market Street which point is located thirty (30) feet west of Fifth Avenue on the dividing line between the premises known and numbered as 521 % Market Street and the within described tract of land; thence along said dividing line and along a four (4) foot joint alley between the said premises, N. 46° 30' 00" E. a distance of one hundred (100) feet to an iron pin at lands now or formerly of Reisinger; thence along last mentioned lands, 43° 30' 00" E. a distance of twenty-four and forty-six hundredths (24.46) feet (heretofore erroneously referred to as a distance of twenty-one (21) feet more or less) to an iron pin on the dividing line between the within described premises and the premises known and numbered as 529 Market Street; thence along said dividing line S. 570 00' 18" W. a distance of 101.70 feet (heretofore erroneously referred to as one hundred three (103) feet more or less) to an iron pin on the northern right-of-way line of Market Street; thence along said Market Street right-of-way S. 43 30'00" W. a distance of forty-three (43) feet to the point and place of BEGINNING. The above described premises is pursuant to two surveys performed by J.R. Corby & Son, dated September 3, 1990 and September 5, 1990, copies of which are recorded in Cumberland County Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. BEING the same premises granted and conveyed unto Wallace Rohrbach and Doris Jean Rohrbach, by deed of Wallace Rohrbach, dated April 26, 1991 and recorded May 1, 1991 in the Cumberland county Recorder of Deeds Office in Deed Book B, Volume 35, Page 1068. Tax Parcel No. 25-24-0813-016 COW Distribution: A/aha So u Wes Wayne S. MartingEsquire Linus E. Fenicle, Esquire REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 C' Or y ma.lev G/-7%1 Sey+Ge be/ Ij- i j-.o i F?,oA J ,1-j mG-4 !5 kerGtoV e'4"? 1, 'q'G, ' J. rn arn a? cnr- a ?o a bo -c 4 -we a?"A 0-jQ-1"S+ tk c- De4e-AadS, c? r` W :Oo 0 0, w w =o o? ys •? . ..:-??. , ?rs• ?«. ,?'. ?7 rw• C..,.?