HomeMy WebLinkAbout11-5099McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SAM HILL PROPERTIES, LLC
Ho I I- Sb°1q etil
Plaintiff,
V.
CIVIL ACTION - LAW
FRANK Z. AUNGST AKA
FRANK D. AUNGST, his heirs and assigns
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
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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
34 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar
accion dentro de los prbximos veinte (20) dias despues de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar accion como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
34 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IT r F 1 LED-0' 'F Fr-..
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McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SAM HILL PROPERTIES, LLC NO.
Plaintiff,
V. CIVIL ACTION - LAW
FRANK Z. AUNGST AKA
FRANK D. AUNGST, his heirs and assigns
Defendant
COMPLAINT TO QUIET TITLE
And now, comes the Plaintiff, Sam Hill Properties, LLC, by and through its
counsel, McCarthy Weisberg Cummings, P.C., and files this Complaint to Quite
Title as follows:
1. Plaintiff Sam Hill Properties, LLC is a Pennsylvania limited liability company
with a business address of 721 Sam Hill Lane, Dauphin, Dauphin County,
Pennsylvania 17018.
Counsel for the Plaintiffs
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
2. Defendant Frank Z. Aungst AKA Frank D. Aungst is an adult individual
currently residing at 1806 Letchworth Drive, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. Plaintiff is the owner of the premises known as 1806 Letchworth Drive,
Camp Hill, Cumberland County, Pennsylvania 17011 (the "Premises"),
composed of Cumberland County Tax Parcel No. 13-23-0547-210, a legal
description of which is attached hereto and marked as "Exhibit A".
4. Plaintiff became the owner of said premises as a result of a sale by the Tax
Claim Bureau of Cumberland County, Pennsylvania on September 16, 2010, as
evidenced by the Tax Claim Bureau Deed dated November 19, 2010, and
recorded November 19, 2010, in the Office of the Recorder of Deeds of
Cumberland County as Instrument No. 201033973, a true and correct copy of
which is attached hereto and marked as "Exhibit B".
5. The Premises was previously sold to Frank Z. Aungst via Deed dated
August 17, 2007 and recorded August 20, 2007, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, as Instrument No.
200732498. A true and correct copy of the August 17, 2007 Deed is marked
Exhibit "C", attached hereto and made a part hereof.
2
Counsel for the Plaintiffs
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
6. Plaintiff believes, and therefore avers, that all of the requirements of the
Real Estate Tax Sale Law, Act of 1947, P.L. 1368, were fully complied with in the
above-referenced Tax Sale and that said Tax Sale vested full and complete
marketable title of the Premises in Plaintiff.
7. Plaintiff desires that the Defendant, Frank Z. Aungst AKA Frank D. Aungst,
his heirs and assigns, be barred from asserting any right, lien, title or interest in
and to the property known as 1806 Letchworth Drive, Camp Hill, Cumberland
County, Pennsylvania 17011, composed of Cumberland County Tax Parcel No.
13-23-0547-210, by reason of the Tax Sale, which terminated all of Defendant's
rights, liens, titles or interests in and to the aforesaid Premises.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
A) Enter an Order that Plaintiff, Sam Hill Properties, LLC, is the legal owner of
the property known as 1806 Letchworth Drive, Camp Hill, Cumberland County,
Pennsylvania 17011, composed of Cumberland County Tax Parcel No. 13-23-
0547-210; and
B) That the Defendant, Frank Z. Aungst AKA Frank D. Aungst, his heirs and
assigns, and any person or entity claiming through them, are forever barred from
asserting any right, lien, title or interest in and to 1806 Letchworth Drive, Camp
Hill, Cumberland County, Pennsylvania 17011, composed of Cumberland
3
Counsel for the Plaintiffs
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
County Tax Parcel No. 13-23-0547-210, inconsistent with the interest or claim of
the Plaintiff.
?- ?Lo -I ?
Date
Respectfully submitted,
McCarthy Weisberg Cummings, P.C.
Larry A. Weisberg, Esquire
Sup. Ct. I.D. #83410
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
4
w tit
Appendix "A" Tax Parcel No. 13-23-0547-210
Legal Description
ALL that certain piece or parcel of land situated in the Township of Lower Allen,
County of Cumberland and State of Pennsylvania, bounded and described as follows, to
wit:
BEGINNING at a point on the Westerly side of Letchworth Drive, fifty feet wide
at the distance of nine hundred ninety-nine and forty-eight one hundredths feet, measured
Northwardly Northeastwardly and Eastwardly along the Westerly Northwesterly
Northerly and Easterly side of Letchworth Drive from the Southernmost terminus of a
radial round comer to the Easterly side of Letchworth Drive with the Southeasterly side
of Kent Drive fifty feet wide, said point of beginning also being a corner of Lots Nos. 25
and 26 on Block "D" on the hereinafter mentioned Plan; thence extending Westwardly
one hundred forty-four and thirty-eight one hundredths feet to a point; thence extending
Northwardly sixty and four one hundredths feet to a point; thence extending Eastwardly
one hundred forty-four and twenty-one hundredths feet to the Westerly side of
Letchworth Drive; thence extending Southwardly along the Westerly side of Letchworth
Drive, sixty feet to the first mentioned point and the place of BEGINNING, being Lot
No. 26 in Block "D" on Plan No. 5 of Highland Estates Development, made by D.P.
Raffensperger, Registered Surveyor, dated May 4, 1950, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, in Plan Book 4, Page 100&c, and
having erected thereon buildings and improvements.
BEING the same premises which Donald L. Aungst and Joann H. Aungst, his
wife, conveyed to Frank Z. Aungst, by deed dated August 17, 2007 and recorded in the
Cumberland County Recorder of Deeds Office as instrument number 200732498.
0^
1? 16) 7' '1 A
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331'73 ?3-aa- ar??-a?c?
milli
UPSET PRICE SALE 0013YK
1 ax 0.1taim urra t s
ThiS PPEb Made this .............. .1q................ day of .A.ux-m ber. ............, 20....... 10
between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee,
Sam Hill Properties LLC
GRANTOR, and .........................................
........................................................................
................................................................ ......................................................... Grantee
1fItP$Sttf , that in consideration of $......62'000.00 .
h ........... in hand paid, receipt whereof is
hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, .....his .......
heirs and assigns, the certain premises situate in .Lower Allen Township
Cumberland County, Pennsylvania, as follows : 1806 Letchworth Drive
tax parcel # 13-23-0347-210
see Appendix A for Legal Description
Frank Z. Aungst AKA Frank D. Aungst
Owner or reputed owner as returned to said Bureau 1806 Letchworth Drive
Camp Hill, PA 17011
the same having been sold by the Tax Claim Bureau to the said grantee, on the ............ ............ day
2010
of .......... .................... Anno Domini two thousand and .................................
after due advertisement according to law, the period of redemption for the payment of tax claims
having expired without the property having been redeemed, or any tax judgements heretofore having
been entered against the described property having not been satisfied, or no agreement to stay the sale
of the within described property having been entered into, or the within described real estate no longer
remaining in possession of a sequestrator, by Upset Price Sale.
under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
Irt Pitnego 04ereof, said Grantor has hereunto caused this Deed to be executed by its
Director the day and year first above written.
TAX CLAIM BUREAU OF
Signed, Sealed and Delivered CLIMBERL TY, PENNSYLVANIA,
in the presence of: R ST
............................... ......................................................... By ....... (SEAL)
to
COMMONWEALTH OF PENNSYLVANIA
Si:
COUNTY OF CUMBERLAND
Oct this. the ....... 11.4 ................................ day of .................................................... 20M,
before me. the Prothonotary of the County of Cumberland. the undersigned officer, personally appeared
Melissa F. Mizell
............................................................................................. Director of the Tax Claim Bureau of the County of
Cumberland. Cor Rr at4 t131* f Pennsylvania, known to me to be the person described in the foregoing
instrument an?"R i?llpf he executed the same in the capacity therein stated and for the pur-
poses therein.` A ined. -?A'i
?YiIflfyt?SS_. ?Q1 ;have hereunto set hand and official seal.
ma y- 4 "ertd1ratr of $raihrure
I hereby Etr'ttg?qttaC tlte-gW'ise residence of the grantee herein is as follows: ................................
Sam Hill Propcft4les Uik, 721 Sam Hill Lane, Dauphin, PA 17018
........ ..............................................................................................................................................................................
..
..........,.?..... .......................
S phenD. Tiley
Cumberland Cou?ty, Assistant Solicitor
t t? f) 1?
Appendix "A"
Legal Description
Tax Parcel No. 13-23-0547-210
ALL that certain piece or parcel of land situated in the Township of Lower Allen,
County of Cumberland and State of Pennsylvania, bounded and described as follows, to
wit:
BEGINNING at a point on the Westerly side of Letchworth Drive, fifty feet wide
at the distance of nine hundred ninety-nine and forty-eight one hundredths feet, measured
Northwardly Northeastwardly and Eastwardly along the Westerly Northwesterly
Northerly and Easterly side of Letchworth Drive from the Southernmost terminus of a
radial round comer to the Easterly side of Letchworth Drive with the Southeasterly side
of Kent Drive fifty feet wide, said point of beginning also being a corner of Lots Nos. 25
and 26 on Block "D" on the hereinafter mentioned Plan; thence extending Westwardly
one hundred forty-four and thirty-eight one hundredths feet to a point; thence extending
Northwardly sixty and four one hundredths feet to a point; thence extending Eastwardly
one hundred forty-four and twenty-one hundredths feet to the Westerly side of
Letchworth Drive; thence extending Southwardly along the Westerly side of Letchworth
Drive, sixty feet to the first mentioned point and the place of BEGINNING, being Lot
No. 26 in Block "D" on Plan No. 5 of Highland Estates Development, made by D.P.
Raffensperger, Registered Surveyor, dated May 4, 1950, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, in Plan Book 4, Page 100&c, and
having erected thereon buildings and improvements.
BEING the same premises which Donald L. Aungst and Joann H. Aungst, his
wife, conveyed to Frank Z. Aungst, by deed dated August 17, 2007 and recorded in the
Cumberland County Recorder of Deeds Office as instrument number 200732498.
REV-193 EX (11-04)
COMMONWEALTH OF PENNSYLVANW
DEPARTMENT OF REVENUE
BUREAU OF e1DNDUAL TAXES
PO BOX 200103
REALTY TRANSFER TAX
STATEMENT OF VALUE
See Reverse for Instructions
RECORDER'S USE ONLY
State Tax Paid
Book Number -7J
Pepe Number - !
Date Reeaded --j1
Complete each section and file In duplicate with Recorder of Deeds when (1) the full valuelconsideration is not set forth in the deed, (2) when the
deed is without consideration, or by giift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from
tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s).
A. CORRESPONDENT - All Inquiries may be directed to the following person:
Name Telephone Number.
Melissa F. Mixell 117 ) 240-6366
Sf<traet Address - -
cny - -- see . _ zicode
Date
of
Grantor(syl-essor(s) Grantee(syLessee(s)
Frank Z Aungst AKA Frank D Aungst Sam Hill Properties LLC
Street Address Street Address
1806 Letchworth Drive
-
- 721 Sam Hill Lane
-
G
h+
Camp Hill
State Tip Code
PA 7011 _
City -- -- - ode
?---?- Tip Code
Dauphin A 17 ?40
C. PROPERTY LOCATION
Street Address
1806 Letchworth Drive Cly, Township, Borough
Lower Allen Township
my
Cumberland County Sdad District
- W
t Sh Tax Parcel Number
es
ore 13-23-0547-210
D. VALUATION DATA
1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration
$2,000.00 + 0.00 $2,000.00
4. Cou Value
ntY Assessed -
5. Common Level Ratio Factor
6. Fair Market Value
$102,850.00 X 1.25 = $128,562.50
E. EXEMPTION DATA
1a. Amount of Exemption Claimed 1 b. Percentage of Interest Conveyed
2. Check Appropriate Box Below for Exemption Claimed
? Will or intestate succession
(Name of Decedent
(Estate He Number)
? Transfer to Industrial Development Agency.
? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu
of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.)
? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number
? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
? Statutory corporate consolidation, merger or division. (Attach copy of articles.)
? Other (Please explain exemption claimed, if other than listed above.)
Under penalt?declare that 1 have examined this Statement, Including accompanying information, and to the best
of my ktq" a ind lief, It Is tbw correct and comDlete.
signatu of nderd Or Respo
Date
LU OMPt_ F RM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN
THE REC RDER'S REF SAL RECORD THE DEED.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201033473
Recorded On 11/19/2010 At 3:44:22 PM
* Instrument Type - DEED
Invoice Number - 77080 User ID - KW
* Grantor - AUNGST, FRANK D
* Grantee - SAM HILL PROPERTIES LLC
* Customer - TAX CLAIM
* FEES
STATE TRANSFER TAX $1,285.63
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $12.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
WEST SHORE SCHOOL $642.82
DISTRICT
LOITER ALLEN TOWNSHIP $642.81
TOTAL PAID $2,634.26
* Total Pages - 4
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER O
" - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
11111111111111
?fjig ?eeb,
MADE the 1 7 day of August in the year two thousand seven (200)
C
BETWEEN DONALD L. AUNGST and JOANN H. AUNGST, hits wife, of Southwest Madison
Township, Perry County, Pennsylvania, Grantors
and
FRANK Z. AUNGST of Camp Hill, Pennsylvania,
WITNESSETH, That in consideration of-------------------
------------------------------------------------------------------F------------ ($1.00)DOLLAR,
Lew OffKM
GERALD K MORMSON
Gaoler Square
PO. Smc 231
New Hloumfeb iA
,TM
in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and
convey to the said grantee, his heirs and assigns, all of the Grantorrs interest in,
ALL that certain tract of land situate in Lower Allen Township, C>mberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point on the Westerly side of Letchworth D ve, fifty feet wide at the
distance of nine hundred ninety-nine and forty-eight one hundredt is feet, measured Northwardly
Northeastwardly and Eastwardly along the Westerly Northwesterl Northerly and Easterly side
of Letchworth Drive from the Southernmost terminus of a radial round corner to the Easterly
side of Letchworth Drive with the Southeasterly side of Kent Driv fifty feet wide, said point of
beginning also being a corner of Lots Nos. 25 and 26 on Block "D " on the hereinafter mentioned
Plan; thence extending Westwardly one hundred forty-four and thirty-eight one hundredths feet
to a point; thence extending Northwardly sixty and four one hundr the feet to a point; thence
extending Eastwardly one hundred forty-four and twenty-one hun edths feet to the Westerly
side of Letchworth Drive; thence extending Southwardly along the Westerly side of Letchworth
Drive, sixty feet to the first mentioned point and the place of BEGINNING, being Lot No. 26 in
Block "D" on Plan No. 5 of Highland Estates Development, made by D. P. Raffensperger,
Registered Surveyor, dated May 4, 1950, and recorded in the Offi a of the Recorder of Deeds in
and for Cumberland County, in Plan Book 4, Page 100&c, and ha ing erected thereon buildings
and improvements.
BEING the same interest conveyed to Donald L. Aungst by de d of Frank S. Kusnir,
widower, dated March 9, 2007, and recorded in Cumberland Cou y Deed Book 279 at Page
( '_ W ?) T II C,,
467. JoAnn H. Aungst joins in this deed to convey any marital interest she may have in the
above-described property.
This is a conveyance from brother and spouse to brother.
Law ONKM
GERALO K WOMUSON
Center S wa
PO Bak 232
New BamftMd. FA
17068
AND the said grantors will specially WARRANT AND FOPEVER DEFEND the
Law Off=S
GERALD K MORMSON
Cermw Square
FO. Bat 232
New B mieu, F q
17068
property hereby conveyed.
IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals, the day
and year first above-written.
Sealed and delivered in the presence of
AS T 40TH
A&7A NSEAL)
CERTIFICATE OF RESIDENCE
I hereby certify that the precise residence of the grantee herein is as j
(_evAp N, lip Pro 17or
SEAL)
(SEAL)
(SEAL)
Commonwealth of Pennsylvania
County of Perry
SS:
On this, the f7t`day of August, 2007, before me S ro tf ?u , 64 o v r Fs w.
the undersigned officer, personally appeared Donald L. Aungst anPoAnn H. Aungst, his wife,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed the same Or the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand an4 notarial seal.
My Co sion Expires
NO ARIlLL SEAL
SST N.110 . NOUNT PU"
KDOM IEID . PEW COUNTY
Lvyr#m- OMMMAY120M
Law Often
GERALD K MORRISON
Center Sgwe
PO Bmc 232
New Bbamfwid. rA
17068
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200732498
Recorded On 8/20/2007 At 11:28:51 AM
* Instrument Type - DEED
1 Number - 2504 User ID - AF
uvotce
* Grantor - AUNGST, DONALD L
* Grantee - AUNGST, FRANK Z
* Customer - SCOTT MORRISON
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $38.50
* Total Pages - 5
tion Page
DO NOT DETACH
This page is now part
of this leg *l document.
i
i
I Certify this to be ecorded
in Cumberland Co my PA
* - Information denoted by an aster
the verification process and may
O 4D S
may change during
t be reflected on this page.
11111111111
VERIFICATION
I, Michael David Morris, verify that I am president of Sam Hill Properties, LLC, the
Plaintiff in the foregoing Complaint and that the facts set forth therein are true and
correct to the best of my knowledge, information, and belief; and that this verification is
subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn falsification to
authorities.
6 - (Wo?? ??.
Dated: , 2011
Michael David Morris
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
o
FILED-Of= FICA.
OF HE PROTHONOTAR -(
Richard W Stewart
Solicitor
2011 JUL 15 AM 8,' 53
CUMBERLAND COUNTY
PENNSYLVANIA
Sam Hill Properties, LLC
vs. Case Number
Frank D Aungst 2011-5099
SHERIFF'S RETURN OF SERVICE
07/12/2011 06:15 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 12,
2011 at 1815 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Frank D. Aungst, by making known unto herself personally, at 1806 Letchworth Drive,
Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her
personally the said true and correct copy of the same.
SHERIFF COST: $43.44
July 13, 2011
TIM B C , DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
(Cj Ccu-i &,*, Snei It 7eieo oft b'a:.
FILED-OFFICE
=jF THE PROTHONO ,"k
2011 AUG -4 AM 11: 15
CUMBERLAND COUi, Y
PENNSYLVANIA
Counsel for the Plaintiff
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
SAM HILL PROPERTIES, LLC
COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V.
CIVIL ACTION - LAW
FRANK Z. AUNGST AKA
FRANK D. AUNGST, NO. 2011-5099
his heirs and assigns
Defendant
MOTION FOR FINAL ORDER
AND NOW, comes the Plaintiff, Plaintiff, Sam Hill Properties, LLC, by its
attorney, McCarthy Weisberg Cummings, P.C., who states the following:
1. Service upon Defendant Frank Z. Aungst AKA Frank D. Aungst was
executed by the Sheriff of Cumberland County on July 12, 2011.
2. Defendant Frank Z. Aungst AKA Frank D. Aungst has not filed an Answer
to Plaintiffs Complaint to date.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant
an Order forever barring Defendant from asserting any right, lien, title or interest
in and to the land inconsistent with any interest or claim of the Plaintiff.
Counsel for the Plaintiffs
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Respectfully submitted,
McCarthy Weisberg Cummings, P.C.
Date Larry A. W sberg, Esquire
PA 1. D. # 83410
2
Counsel for the Plaintiffs
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Motion
for Final Order upon the persons and in the manner indicated below, which
service satisfies the requirements of the Pennsylvania Rules of Civil Procedure,
by depositing a copy of the same in the United States Mail, first-class postage
prepaid, addressed as follows:
FRANK Z. AUNGST AKA
FRANK D. AUNGST or
Occupants
1806 LETCHWORTH DRIVE
CAMP HILL, PA 17011
pro se Defendant
i, //. )I
Date
McCarthy Weisberg Cummings, P.C.
Larry A. Weisberg, Esq.
Sup. Ct. 1. D. #83410
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
(717) 233-8133 (FAX)
Attorney for Plaintiff
3
SAM HILL PROPERTIES, LLC
Plaintiff,
V.
FRANK Z. AUNGST AKA
FRANK D. AUNGST,
his heirs and assigns
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNT,
CIVIL ACTION - LAW
NO. 2011-5099
CD -rl
ORDER
AND NOW, this ?b day of /9vsa. j' 2011,
after service of Plaintiffs Complaint and Defendant's failure to file an Answer to
Plaintiff's Complaint in the above captioned matter,
IT IS HEREBY ORDERED that the Defendant be forever barred from
asserting any right, lien, title or interest in and to the land inconsistent with any
interest or claim of the Plaintiff unless the Defendant files an Answer to Plaintiffs
Complaint within thirty (30) days of the date hereof. If such action is not taken
within the thirty (30) day period, the Prothonotary on Praecipe of the Plaintiff shall
enter final judgment.
J.
DISTRIBUTION:
? Larry A. Weisberg, Esq., 2041 Herr St., Harrisburg, PA 17103, (717) 238-5707,
lweisberg@mwcfirm.com I?
Frank Z. Aungst AKA Frank D. Aungst, 1806 Letchworth Drive,
Camp Hill, PA 17011 (OP185 141(
0 `od