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HomeMy WebLinkAbout02-0463Planavsky Quiet Title A~tion , THOMAS A. PLANAVSKY, Plaintiff AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. OP- ~ : CIVIL ACTION - LAW : QUIET TITLE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance, personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 - 1 - Planavsky Quiet Title Agtion , THOMAS A. PLANAVSKY, Plaintiff AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : : CIVIL ACTION - I.d~W : QUIET TITLE : AND NOW, thi~[~-'~ day of ~~ , 2O02, comes the Plaintiff, Thomas A. Planavsky, by is attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint against the above-referenced Defendants, whereof the following is a statement: 1. The Plaintiff is Thomas A. Planavsky, an adult individual residing at 833 Briarwood Lane, Camp Hill, Pennsylvania. 2. The Defendants are Amos C. Potter and Elizabeth N. Potter, his wife, formerly of 4 Courtland Road, Shiremanstown, Pennsylvania, but whose current address is unknown. 3. The Plaintiff is the owner of a certain tract of real estate known as 4 Courtland Road, Shiremanstown, Pennsylvania, (hereafter "the Planavsky Property") which he acquired by virtue of a deed dated April 4, 2001, recorded April 26, 2001 in Book 243, Page 435. A true and correct copy of said deed - 2 - Planavsky Quiet Title Action 5 o o 7 o 8 o is attached hereto, marked Exhibit ~A" and made a part hereof. The abstract of Plaintiff's chain of title for the Planavsky Property is attached hereto, marked Exhibit ~B" and made a part hereof. On September 15, 1962, the Plaintiff's predecessor in title, Clifton R. Dixon and Elda R. Dixon, his wife, entered into Articles of Agreement with Amos C. Potter and Elizabeth N. Potter, his wife, wherein Clifton R. Dixon and Elda R. Dixon agreed to sell the Plaintiff's tract of land to Amos C. Potter and Elizabeth N. Potter under terms and conditions set forth therein (hereafter ~Articles of Agreement"). A true and correct copy of the Articles of Agreement are attached hereto, marked Exhibit "C" and made a part hereof. The Articles of Agreement have not been consummated in that the said Amos C. Potter and Elizabeth N. Potter did not take title to the within described premises on or before September 1, 1962, nor paid the full consideration therefor as set forth in the Articles of Agreement. A cloud has been created on Plaintiff's title to the Planavsky Property as the result of the Articles of Agreement. There have been no transfers of the Planavsky Property by Defendants to any third party including, but not limited to, Planavsky Quiet Title Action the Plaintiff from September 1, 1962 to the present date. No person, including but not limited to the Defendants, has claimed to own or have an interest in Plaintiff's real estate described herein other than Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order decreeing that Plaintiff is the sole legal and equitable owner of the premises described herein and that Defendants are barred from asserting any right, title, interest and claim therein. Respectfully submitted, ..r~n.~AR°%~011 ! Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff - 4 - Planavsky Quiet Title Aqtion . I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. - 6 - Planavsky Quiet Title Action LISTING OF EXHIBITS EXHIBIT NUMBER Exhibit "A" Exhibit "B" Exhibit "C" DESCRIPTION Plaintiff's deed dated April 4, 2001 and recorded April 26, 2001 in Book 243, Page 435 Abstract of Title September 15, 1962 Articles of Agreement EXHIBIT "A" PLANAVSKY DEED ................ Area Above for Recording Information .................. Tax Parcel: 13-23-0557-040 This Deed, the day of in the year of Two Thousand One (2001) Between MORTGAGE GUARANTY INSURANCE CORPORATION (hereinafter called the Grantor), and THOMAS A. PLANAVSKY, a single man, (hereinafter called the Grantee) Wi tnesseth That the said Grantor, for and in consideration of the sum of Sixty Five Thousand and 00/100 Dollars ($65,000.00) lawful money of the United States of America, unto Grantor well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantee, his heirs and assigns: ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, and described according to survey made December 11, 1974 by Michael C. D'Angelo, Registered Surveyor, and bounded and described as follows: BEGINNING at a Pipe situated on the northeasterly side of Courtland Road (50 feet wide) which pipe is on a course North 24 degrees 15 minutes 30 seconds West and measured 95.0 feet from the northwesterly side of Cumberland Road (50 feet wide); THENCE from said beginning point by the northeasterly side of Courtland Road North 24 degrees 15 minutes 30 seconds West a distance of 64.97 feet (erroneously referred to in prior deeds as 64.07 feet) to a pin on the northeasterly side of Courtland Road; THENCE by southeasterly line of Lot No. 68 on the hereinafter mentioned Plan North 65 degrees 44 minutes 30 seconds East 120.00 feet to a pin; THENCE by the southwesterly line of Lot No. 106 on the hereinafter mentioned Plan South 24 degrees 15 minutes 30 seconds East 27.58 feet to a pipe; THENCE by the northwesterly line of Lot No. 12 as shown on said hereinafter mentioned plan South 27 degrees 24 minutes 47 seconds West 44.88 feet to a pipe; THENCE by Lot No. 13 as shown on the hereinafter mentioned Plan South 59 degrees 18 minutes 40 seconds West 85.33 feet to a pipe on the northeasterly line of Courtland Road, the Place of BEGINNING. BEING Lot No. 67, Tract No. 3, Cumberland Park as recorded in Cumberland County Recorder of Deeds Office in Plan Book 6, Page 3. BEING improved with a one-story frame dwelling house known as No. 4 Courtland Road, Cumberland Park, Camp Hill, Pennsylvania 17011. BEING the same premises which Federal National Mortgage Association by its deed dated September 26, 2000 and recorded immediately prior to the recording of this deed, granted and conveyed unto Mortgage Guaranty Insurance Corporation, Grantor herein. Together with all and singular the buildings improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anyway appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor, as well at law as in equity, of, in and to the same. To have and to hold the said lot or piece of ground described hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns, forever. And the said Grantor, its successor and assigns, do covenant, promise and agree, to and with the said Grantee, his heirs and assigns, by these presents, that the said Grantor and its successors and assigns, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with appurtenances, unto the said Grantee, his heirs and assigns, against the said Grantor and its successors and assigns, and against all and every person and persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under or any of them, shall and will SPECIALLY WARRANT and forever DEFEND. In Wi tness Whereo f, t~ ..~, .o.~,.,. G.==y ~s,~Tance C~1~9=a~ion has caused ~his in~=~nt to be si~d in i~s na~e b~ ~.~ S. ~-~q~ , ~d ~s caused =o be affixed here=o =~ co.orate S~al o[ sai~ co~ora=ion, attested ~ i=s secreta~, uhe ~y ~d ~ar Eirst ATTEST: MORTGAGE GUARANTY CORPORATION Notary Publio, for said County and state, personally appeared, a he/she as such officer, being authorized to do so, executed the wi=bin inet~ument for the purposes ~herein contained b~ signing the na~e I here~o set ~ ~d ~d o~cial seal. I hereby certify that the address of the above-named grantee is: RECORDED on this day of Office of the Recorder of Pennsylvania in record Book Deeds in and for Page , 2001 in the Cumberland County, Given under my hand and seal of the said office, the date above written. I Certify this to be recorded In Cumberland County_ PA ~ Recorder of Deeds EXHIBIT "B" ABSTRACT OF TITLE GRANTOR James E. Good and Shirley L. Good Clifton R. Dixon and Elda R. Dixon Clifton R. Dixon and Elda R. Dixon Paul V. Huber and Wanda L. Huber Ralph V. Zampogna and Eileen M. Zampogna Sheriff of Cumberland County Mortgage Guarantee Insurance Corp., successor to Federal National Mortgage Lassoc. EXHIBIT B ABSTRACT OF PLAINTIFF'S TITLE GRANTEE Clifton R. .xon and Elda R. Dixon DATE OF DEED 10/14/59 Amos C.~15/6-~---- Potter and Elizabeth N. Potter ~aul V. 10/15/71 Huber and Wanda L. Huber Ralph V. /11/74 Zampogna and Eileen M. Zampogna Arthur A. 01/03/79 Unangst ~deral National Mortgage Association Thomas A. Planavsky 06/07/00 04/04/01 DATE OF RECORDING 10/15/59 o9/12/62 10/20/71 12/11/74 '05/79 06/30/00 /2 I PLACE OF RECORD Book 19, Volume L, page 355 Misc. Book 159, Page 270 Book 24, Volume I, Page 598 Book 25, Volume W, Page 841 ,ook 28, Volume F, page 776 ~ok 224, Page 428 Book 243, Page 435 EXHIBIT "C" ARTICLES OF AGREEMENT AGREEMENT FOE SALE OF LAND, JUDG. AND EJECT. CLAUSE y · ~ hi the 7e~r of (mr Lord, em thou.~nd nine hundred and 5ix~y-TwO (196Z) ~1, Sudler~lle~ ~ryland, Pa~es of the First Part AND AMOS C. POTTER and ELIZABETH N. POTTER, hie wife, of 141Z Patrick Henry Drive, Falls Church, Virginia, Parties ' ' of the second pert: ~Jitnfsstllv. that the said part ies of the first part, in of tho ~ve~nb ~d sgreemen~ ~elnsfteT contained, on the Pa~t of the said payees or the psrt ~ ~ kept and ~rto~d have a~ and do he.by asr~ to ~11 ~nve7 unto the said Pa~ icg or the oe~nd })art, t~e~ heirs or snslKn~, 811 t~ hsd and premises be~iusF~r mentioned and full~ d~.ibed, rot the sum or ($10, 440.00) ........ Ten Thousand Four Hundred Forty .................... ~olimrs, to be Paid a~ Six ~undred Forty Dollars ($640.00) u~on the execution o~ this asreement and the balance o~ $% 800.00 to be ~aid in monthly installments o~ at least $7% 00 per mont~ base.inf /~6~ and con~n~nK monthly thereafter until the balance of $% 800.00 is pa~d ~n ~, Said monthly payment of $7% 00 includes interest at the rate of 5-1/4 ~ per annum computed monthly and one-twelveth (1/12th of the present a~l ~xes and insurance. In the event that the s~ provided herein does not cover any future increase in taxes or insurance ~ar~es o~ the Second P~rt aKreo to increase the monthly ~ayment in &n amount o~ficient to do so. ~ar~es o~ the ~econd ~art aKree to t~e ~tle to the ~t~ premises on or be[ore September Isa, 19~4, and ~urther asree to pay all transfer ~e8 isseloeG upon the Trano[~r P&r~es o~ the Second Part will keep t~e premised ~n Kood repairs. ~&r~es of the First ~art reserves the right to inspect ~he premises at reasonable ~meo. o~ the Second ~art s~ll have the risht to an~cipate any and all pa~ento, and the ssld Pad ies of the. _scc°~ pa~t also i~ees to Pay all bxes that ~sy ~ lev~ u~n land from ind .r~r /~ ~ /~ , and k~p th~ but~fllns therco~ iMu~d the ,un Of ($10, 440. 00) ~llara~ PaTib]~ ~ ~ laid part of the first Part as interest my appear. ~ bt It M(b, Jr the par~ ~eo of ~ ~nd Pail, their hei., executors, administrators or Iha~ pay tho said put.se m~y; Intent ~d ~x~ named hi this o~ement as t~y ~mc due, s~d ~ Les of the first Par~ their ~ln, ~6~rs~ admhilstrators or usl~ will msb, ex~ and dell~r to the said p&r~ ~e8 of ~ ~d Pa~ s ~ ind sufficient ~, for ~ proof ~nveyinf assurlnf of ~ said p~mlses In f~ simple, r~ f~m nH Ineumbran~ and ~wet, or ~ht of dower, ~n~yan~ to ~n~h ~e u~ ~vmub of GENE~L warrauty. ~d ~ eld ~ieo of ~ ~nd ~, ~ with the said ~rt ies of ~ flut ~K . to ~hase ~e said p~mbff a~ ~y ~f~ ~ sum of ' ' ($10, 440. 00) hi t~ mn~r a~ at U~ ~n~r~ Anb it in f~t~r ~eb by and ~tw~n t~ sam ~rtieh ~lt ~mm~n of ~M aha~ b d~l~ ~ ~e ~ ~es of ~ ~ ~ / _ their ~lu THE SAID ISREMISES ARE DF. SCIIIBED AS FO~OW$: ALL THAT CERTAIN tract or parcel of land with improvements thereon erected situate in Lower Allen Townships Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Easterly line o~ Gourtland Street which point is 95 ' feet North of the Northeasterly corner of Courtland and Cumberland Roads; THENCE alonE the Easterly line of Court. land Road, North 24 desreee 15 minutes 30 seconds West 64.07 feet to a point; THENCE North 65 desreee 44 minutes 30 ' seconds East 120 feet to a point; THENCE South 24 desreee 15 minutes 30 seconds East 27.58 feet to a point; THENCE South 27 desrees ~9 minutes East 44.88 feet to a point; THENCE South 59 desreee 15 minutes West 85. 33 feet to a point the ' Place of BEGINNING. BEING premises known as 4 Courtland Road. BEING the same premises which James E. Good and Shirley I~. Good, hie wife, by their deed dated. October 14th,' 1959~ and recorded in the Recorder of Deeds Office in and for the County of Cumberland, in Deed Book "I,", Vol. 19, Pass 3SSs granted and conveyed unto Glifton R. Dixon and Elda It. Dixor~ hie wife, Parties of the First Part herein. or pr~pal o~ iu~ h~iu ~eed ~ ~ paid, for the ops~ o~ 30 days the same shs~ ~me due sad payable by the terms hereof, or the breech or ~y ~her or t~ ~m thio agrce~nt, that ~zen and in such ~se the whole of the said principal sum shll. it tho option of ~e ~ iea of ~e ,e~nd part hereby authortsa and em~wer say attor~y o~ iny court or r~ord apse for them end ~nfcs. i judsment for the whole princfpil sum .nd la,net retain- ins unp~d he~n~ with XO ~r ~nt. ak~rne~'s ~m~nion or fw; he~b~ walvMf ~e ~f exemption sad fnqubl~on so ~mr is file land herefu dcscrtbedy lid say pM~ or buil~ns ~lar~ ~ mn~d. Or the slid ~ies of the first part ma~, at their opUon; p~ by of eje~ment on thb ag~ement afar default m~de u aforesaid, for the re.very of thc la~ herein ~nve~ed; thy ~u~ or ~cord ~ ep~ir%r them In an au,icsble ictJou of ej~nt for t~ pre.es i~ve aeri~. ~ be ente~ by the Prothono~ry, in which said partle8 of the fiut ~rt ihitl ~ plaintiff and uld ~e8 of the ~nd part defendant ; and ~nf~s jud~nt tbe.ln In of the plaintiff nad a~ainst the defendant ~ for the said p~mises, ~nd authorise t~ Immedla~ Jssufn~ of ~ writ of Habre F8~ss Poss~sJonem; (without asking leave of ~nrt) with eliuu of Fl. Ps. ~ .ots~ 8nd ~0 ~r ~nt~ 8t~rney's ~mmJssJon or fees, waiving nil stay and exemption Itws. J. ~f ~frfaf. the said p.~rties to this agreement hn~'e he~un~ set their sad seals; the day s~ year first n~ve wfft~n. (SZ~fL) ............ ........................ '~beth ~. ~l'~r ................................ (s£~rl.) STATE OF PENNSYLVANIA SS: COUNTYOF he~, On this. t Of In the year One Thousand Nine Hundred · .d b.f,,..0 ~T~w6~ oitbfadorlly p~un) h h the ~on 8 w]Mse nan e I ~Fe subserlb~ ~ ~e within .~. ~,~ ;.n n~]ed~ ~at the y exeeu~d the same for the purpose, therein. ~n~ln~. , ti. V kl}....~ i · . · ... ....... / ;~y o0~ .' ............. ~..~ .... -..~_~ ............ .... .:....%.,. ~ No.fy Publ~ I ~by ~fliry ~at tb P~b Ru~e~ of the Ora~. in t~ within D~ b C~ cl~ O 10.2.01.Thomas A. Planavsky Order & Motion for Service by Publication Quiet Title Action THOMAS A. PLANAVSKY, Plaintiff V AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVIL ACTION - LAW : QUIET TITLE MOTION FOR SERVICE OF COMPLAINT BY PUBLICATION PURSU~NT TO Pa. R.C.P. 430¢a), 430(b) ~ 410 AND NOW, this~l~eday of ~~ 2002, DIANE G. RADCLIFF, ESQUIRE, attorney for the P tiff, moves this Honorable Court to enter an Order directing service of the Complaint filed in the within action to be made upon the Defendant(s) by publication based on the reason that after a diligent inquiry the Defendant(s) whereabouts are unknown. An Affidavit of Investigation outlining the diligent inquiry made by the Plaintiff pursuant to Pa. R.C.P. 430(a) is attached hereto, marked Exhibit mA" and made a part hereof. Respectfully submitted, Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff - 2 EXHIBIT "A" AFFIDAVIT OF INVESTIGATION Thomas A. Planavsky Affidavit of Investigation Quiet TiSle Action THOMAS A. PLANAVSKY, Plaintiff v AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION : QUIET TITLE ~FFIDAVIT OF INVESTIGATION Commonwealth of Pennsylvania : : SS. County of Cumberland : DEBOR3~H DONLEY, paralegal in the Law Office of DIANE G. RADCLIFF, ESQUIRE, Attorney for the Plaintiff, Thomas A. Planavsky, being duly sworn according to law deposes and says that: 1. The Affiant is Diane G. Radcliff, Esquire, the attorney for the Plaintiff in the above matter and is over the age'of 18. 2. Concurrently herewith she, on behalf of the Plaintiff, has filed an action to quiet title to the premises located at 4 Camp Hill, Cumberland County, Pennsylvania, 3. last known address is 4 Courtland Road, Camp Courtland Road, The Defendants' Hill, Cumberland County, Pennsylvania. EXHIBIT "A" Thomas A. Planavsky Affidavit of Investigation Quiet Title Action 4. The whereabouts of the Defendants. 5. The Affiant has conducted the Plaintiff and Affiant have no knowledge as to the current following investigation to determine the current whereabouts of the Defendants and has been unable to determine their whereabouts: A. The Affiant contacted the postal authorities at the Camp Hill, Pennsylvania Post Office and the Shiremanstown, Pennsylvania Post Office, being the post offices servicing the area in which the Defendants last known Bo Co address is located and was informed that the said postal authorities have no information pertaining to an address for the Defendant. The Affiant contacted the postal authorities at the Camp Hill, Pennsylvania Post Office and the Shiremanstown, Pennsylvania Post office, being the post offices servicing the area in which the real estate which is the subject of the within action is located, and was informed that the said postal authorities have no information pertaining to an address for the Defendants. The Affiant contacted the voter registration office for Cumberland County, Pennsylvania, being the offices governing the last known address of the Defendants and Thomas A. Planavsky Affidavit of investigation Quiet Title AcEion the address of the property and was informed that said Eo offices have no voter registration for the Defendants. The Affiant contacted the appropriate tax offices for the last known address of the Defendants and the address of the subject property and was informed that said offices have no tax records for the Defendants. The Affiant contacted the directory assistance division of the telephone company servicing the area of the Defendants' last known address and the subject premises and was informed that there are no phone numbers listed for the Defendants. The Affiant checked the records of the Register of wills for Cumberland County, the Defendants' last premises and could not Pennsylvania, being the county of known address and the subject find any evidence of any estate proceedings having been filed for the Defendants. The Affiant and Plaintiff have exhausted all efforts to determine the whereabouts of the Defendants and have conducted their investigation within six months from the date of this affidavit. - 3 Thomas A. Planavsky Affidavit of investigation Quiet Title Action THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF THE AFFIANT'S KNOWLEDGE, INFORMATION AND BELIEF. DEBORAH DONLEY~ Sworn to and subscribed before me thief/~ day of 200 . Notarial Seal ~ Z. (k, nzalez, Notary Publk~ H~ghspire Boro, Dauphin County I My, Cemmisslon Expires June 21, 2004 - 4 - 10.2.01.Thomas A. Planavsky Order & Motion for Service by Publication Quiet Tit,le Action THOMAS A. PLANAVSKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v : NO. : AMOS C. POTTER and ELIZABETH : N. POTTER, their heirs, : administrators, personal : representatives, successors : CIVIL ACTION - LAW and assigns, : QUIET TITLE Defendants : MOTION FOR SERVICE OF COMPLAINT BY PIIBLICATION PURSUANT TO Pa. R.C.P. 430(a). 430(b~ AiVD 410 AND NOW, this~/~day of ~~ , 2002, DIANE G. RADCLIFF, ESQUIRE, attorney for the P tiff, moves this Honorable Court to enter an Order directing service of the Complaint filed in the within action to be made upon the Defendant(s) by publication based on the reason that after a diligent inquiry the Defendant(s) whereabouts are unknown. An Affidavit of Investigation outlining the diligent inquiry made by the Plaintiff pursuant to Pa. R.C.P. 430(a) is attached hereto, marked Exhibit mA" and made a part hereof. Respectfully submitted, Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff - 2 - EXHIBIT "A" AFFIDAVIT OF INVESTIGATION Thomas A. Planavsky Affidavit of Investigation Quiet Title Action THOMAS A. PLANAVSKY, Plaintiff AMOS C. POTTER and ELIZABETH : N. POTTER, their heirs, : administrators, personal : representatives, successors : and assigns, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW QUIET TITLE AFFIDAVIT OF INVESTIGATION Commonwealth of Pennsylvania : : ss. County of Cumberland : DEBORAH DONLEY, paralegal in the Law Office of DIANE G. RADCLIFF, ESQUIRE, Attorney for the Plaintiff, Thomas A. Planavsky, being duly sworn according to law deposes and says that: 1. The Affiant is Diane G. Radcliff, Esquire, the attorney for the Plaintiff in the above matter and is over the age of 18. Concurrently herewith she, on behalf of the Plaintiff, has filed an action to quiet title to the premises located at 4 Courtland Road, Camp Hill, Cumberland County, Pennsylvania, The Defendants' last known address is 4 Courtland Road, Camp Hill, Cumberland County, Pennsylvania. EXHIBIT"A" Thomas A. Planavsky Affidavit of Investigation Quiet Title Action 5 o The Plaintiff and Affiant have no knowledge as to the current whereabouts of the Defendants. The Affiant has conducted the following investigation to determine the current whereabouts of the Defendants and has been unable to determine their whereabouts: A. The Affiant contacted the postal authorities at the Camp Hill, Pennsylvania Post Office and the Shiremanstown, Pennsylvania Post Office, being the post offices servicing the area in which the Defendants last known address is located and was informed that the said postal authorities have no information pertaining to an address for the Defendant. The Affiant contacted the postal authorities at the Camp Hill, Pennsylvania Post Office and the Shiremanstown, Pennsylvania Post Office, being the post offices servicing the area in which the real estate which is the subject of the within action is located, and was informed that the said postal authorities have no information pertaining to an address for the Defendants. The Affiant contacted the voter registration office for Cumberland County, Pennsylvania, being the offices governing the last known address of the Defendants and Thomas A. Planavsky Affidavit of Investigation Quiet Title Acgion the address of the property and was informed that said Eo offices have no voter registration for the Defendants. The Affiant contacted the appropriate tax offices for the last known address of the Defendants and the address of the subject property and was informed that said offices have no tax records for the Defendants. The Affiant contacted the directory assistance division of the telephone company servicing the area of the Defendants' last known address and the subject premises and was informed that there are no phone numbers listed for the Defendants. The Affiant checked the records of the Register of Wills for Cumberland County, Pennsylvania, being the county of the Defendants' last known address and the subject premises and could not find any evidence of any estate proceedings having been filed for the Defendants. The Affiant and Plaintiff have exhausted all efforts to determine the whereabouts of the Defendants and have conducted their investigation within six months from the date of this affidavit. - 3 - Thomas A. Planavsky Affidavit of Investigation Quiet TiZle Action THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF THE AFFIANT'S KNOWLEDGE, INFORMATION AND BELIEF. DEBORAH DONLEY~ Sworn to and subscribed before me thief/~--~ day ; Near9 P-ubl~/ ~ I"~ Notadal Seal I Rg~31n Z Gonzalez, N0m~/Public I .. H_~h. splre Bom, Dauphin County [ My C6m~ission Expires June 21, 2004 - 4 - 10.2.01.Thomas A. Planavsky Order & Motion for Service by Publication Quiet Title Ac%ion THOMAS A. PLA-NAVSKY, Plaintiff v AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - I.~.W QUIET TITLE AND NOW, appearing to the instituted by the ORDER FOR SERVICE BY PUBLICATION this ~ day of ~~ , 20~ ~ it Court that an action in quiet title has been Plaintiff, Thomas A. Planavsky, against the above-named Defendants, and it further appearing that an affidavit has been filed the Plaintiff's counsel, DIANE G. RADCLIFF, ESQUIRE, that the whereabouts of the said Defendants are unknown, this Court, upon Motion of DIANE G. RADCLIFF, ESQUIRE, hereby orders and directs that service of the Complaint shall be made upon the Defendants, Amos C. Potter and Elizabeth N. Potter, their heirs, representatives and assigns by publication as prescribed by law. Jo - 1 - V1NV/¥'IASNN~c~ ,~Nno0 ok"~,nH~amno 6~ :rjI NY ~- 83J ~0 Thomas Planavsky/4.22.02/ Motion for Judgment THOMAS A. PLANAVSKY, Plaintiff V AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-463 : CIVIL ACTION - I~.W : QUIET TITLE MOTION FOR JUDGMENT PURSUANT TO Pa. R.C.P. 1066 AND NOW, this~ day of ~_~ , , 2002, Diane g. Radcliff, Esquire, Attorney for Plaintiff hereby moves this honorable court to enter judgment in favor of Plaintiff and against Defendants and in support thereof states the following: 1. On February 5, 2002, this Honorable Court entered an Order authorizing service of the Complaint upon the Defendants to be made by publication. An Affidavit of Service by Publication has been filed by the Plaintiff which provides that service of the Complaint by publication upon Defendants, Amos C. Potter and Elizabeth N. 3 o Potter, their heirs, representatives and assigns, consistent with the February 5, 2002 Order of Court, was made on February 22, 2002, being the last date of said publication. Neither Defendants, Amos C. Potter and Elizabeth N. Potter, nor - 1 - Thomas Planavsky/4.22.02/ Motion for Judgment their heirs, representatives and assigns Plaintiff's Complaint within twenty (20) days last appearance of publication of the said Complaint, (20) days expiring on March 15, 2002 Defendants, Amos C. Potter and heirs, representatives and assigns legal proceedings and/or any ejectment have answered the from the date of the said twenty Elizabeth N. Potter, or their have not initiated appropriate action. Defendants, Amos C. Potter and Elizabeth N. Potter, nor their heirs, representatives and assigns otherwise have not otherwise asserted any right, lien, title or interest that the said Defendants may have in the said premises. W~EREFORE, Plaintiff by his Attorney, Diane G. Radcliff, Esquire, moves this Court to enter judgment in favor of the Plaintiff and against the Defendants, Amos C. Potter and Elizabeth N. Potter, their heirs, representatives and assigns, and to grant Plaintiff the relief prayed for in his Complaint. Respectfully submitted, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 This Deed, made the in the year of Two Thousand One ................ Area Above for Recording Information .................. Tax Parcel: 13-23-0557-040 ~ day of ~-,'/ (2001) Between MORTCaAGE GUARANTY INSURANCE CORPOP~ATION (hereinafter called the Grantor), and PLANAVSKY, a single man, (hereinafter called the Grantee) wi tnesseth That the said Grantor, for and in consideration of the sum of Sixty Five Thousand and 00/100 Dollars ($65,000.00) lawful money of the United States of America, unto Grantor well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantee, his heirs and assigns: ALL TI{AT CERTAIN piece or parcel of land with the buildings and improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, and described according to survey made December 11, 1974 by Michael C. D'Angelo, Registered Surveyor, and bounded and described as follows: BEGINNING at a pipe situated on the northeasterly side of Courtland Road (50 feet wide) which pipe is on a course North 24 degrees 15 minutes 30 seconds West and measured 95.0 feet from the northwesterly side of EXH B y ',A t,35 Description of Premises Cumberland Road (50 ~. a wide); THENCE fro~ sai~ beginning point by the northeasterly side of Courtland' Road North 24 degrees 15 minutes 30 seconds West a distance of 64.97 feet (erroneously referred to in prior deeds as 64.07 feet) to a pin on the northeasterly side of Courtland Road; THENCE by southeasterly line of Lot No. 68 on the hereinafter mentioned Plan North 65 degrees 44 minutes 30 seconds East 120.00 feet to a pin; THENCE by the southwesterly line of Lot No. 106 on the hereinafter mentioned Plan South 24 degrees 15 minutes 30 seconds East 27.58 feet to a pzpe; THENCE by the northwesterly line of Lot No. 12 as shown on said hereinafter mentioned plan South 27 degrees 24 minutes 47 seconds West 44.88 feet to a pipe; THENCE by Lot No. 13 as shown on the hereinafter mentioned Plan South 59 degrees 18 minutes 40 seconds West 85.33 feet to a pipe on the northeasterly line of Courtland Road, the Place of BEGINNING. BEING Lot No. 67, Tract No. 3, Cumberland Park as recorded in Cumberland County Recorder of Deeds Office in Plan Book 6, Page 3. BEING improved with a one-story frame dwelling house known as No. 4 Courtland Road, Cumberland Park, Camp Hill, Pennsylvania 17011. BEING the same premises which Federal National Mortgage Association by its deed dated September 26, 2000 and recorded immediately prior to the recording of this deed, granted and conveyed unto Mortgage Guaranty Insurance Corporation, Grantor herein. Thomas A. Planavsky/ 4.22.02/Final Judgment THOMAS A. PLANAVSKY, Plaintiff v AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : NO. 02-463 : CIVIL ACTION - : QUIET TITLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW Upon praecipe of DIANE G. RADCLIFF, ESQUIRE, and in accordance with and at the direction of the Order of Court dated , 2002, the following Final Judgment is entered against the above- referenced Defendants as follows: 2 o 3 ° The Plaintiff, premises described on Exhibit part hereof. The Plaintiff, Thomas A. Planavsky, the premises described on Exhibit a part hereof. Thomas A. Planavsky, is the legal owner of the "A" attached hereto and made a is the equitable owner of attached hereto and made The Defendants, Amos C. Potter and Elizabeth N. heirs, representatives and assigns, asserting any right, title, lien or Potter, their are forever barred from interest in and to the EXHIBIT "B" Final Judgment Thomas A. Planavsky/ 4.22.02/Final Judgment 4 o inconsistent with the real estate described on Exhibit UA" interests and claims of the Plaintiff. The Defendants, Amos C. Potter and Elizabeth N. Potter, are deemed to have effectively conveyed their interest in the premises described on Exhibit UA" to the Plaintiff's predecessor in title by virtue of the Articles of Agreement recorded in Book 159, Page 270, despite any irregularities that may have appeared in said deed and said transfer is deemed to have effectively terminated their interests in the premises described on Exhibit A certified copy of this judgment shall be recorded by the Plaintiff in the Office of the Recorder of Deeds and shall be indexed against the Defendants as grantor and the Plaintiffs as grantee thereby removing the cloud on Plaintiff's title. PROTHONOTARY - 2 - ................ Area Above for Recording Information .................. Tax Parcel: 13-23-0557-040 This Deed, made the ~ day of ~, 7 in the year of Two Thousand One (2001) Between MORTGAGE GUARANTY INSIIRANCE CORPORATION (hereinafter called the Grantor), and PLANAVSKY, a single man, (hereinafter called the Grantee) wi tnesseth That the said Grantor, for and in consideration of the sum of Sixty Five Thousand and 00/100 Dollars ($65,000.00) lawful money of the United States of America, unto Grantor well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantee, his heirs and assigns: ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, and described according to survey made December 11, 1974 by Michael C. D'Angelo, Registered Surveyor, and bounded and described as follows: BEGINNING at a pipe situated on the northeasterly side of Courtland Road (50 feet wide) which pipe is on a course North 24 degrees 15 minutes 30 seconds West and measured 95.0 feet from the northwesterly side of Cumberland Road (50 ~ a wide); THENCE from said beginning point by the northeasterly side of Courtland Road North 24 degrees 15 minutes 30 seconds West a distance of 64.97 feet (erroneously referred to in prior deeds as 64.07 feet) to a pin on the northeasterly side of Courtland Road; THENCE by southeasterly line of Lot No. 68 on the hereinafter mentioned Plan North 65 degrees 44 minutes 30 seconds East 120.00 feet to a pin; THENCE by the southwesterly line of Lot No. 106 on the hereinafter mentioned Plan South 24 degrees 15 minutes 30 seconds East 27.58 feet to a pzpe; THENCE by the northwesterly line of Lot No. 12 as shown on said hereinafter mentioned plan South 27 degrees 24 minutes 47 seconds West 44.88 feet to a pipe; THENCE by Lot No. 13 as shown on the hereinafter mentioned Plan South 59 degrees 18 minutes 40 seconds West 85.33 feet to a pipe on the northeasterly line of Courtland Road, the Place of BEGINNING. BEING Lot No. 67, Tract No. 3, Cumberland Park as recorded in Cumberland County Recorder of Deeds Office in Plan Book 6, Page 3. BEING improved with a one-story frame dwelling house known as No. 4 Courtland Road, Cumberland Park, Camp Hill, Pennsylvania 17011. BEING the same premises which Federal National Mortgage Association by its deed dated September 26, 2000 and recorded immediately prior to the recording of this deed, granted and conveyed unto Mortgage Guaranty Insurance Corporation, Grantor herein. THOMAS A. PLANAVSKY, Plaintiff V AMOS C. POTTER and ELIZABETH : N. POTTER, their heirs, : administrators, personal : representatives, successors : and assigns, : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-463 CIVIL ACTION - LAW QUIET TITLE AFFIDAVIT OF I, Diane G. Radcliff, to law, deposes and says: SERVICE BY PUBLICATION Esquire, being duly affirmed according 2 o Legal Notice of the Complaint in Quiet Title Action has been served upon the Defendants, Amos C. Potter and Elizabeth N. Potter, their heirs, representatives and assigns, by publication in the Sentinel, a newspaper of general circulation, on February 18, 2002 as evidenced by the Proof of Publication attached hereto, marked Exhibit ~A" and made a part hereof. Legal Notice of the Quiet Title Action has been served up on the Defendants, Amos C. heirs, representatives Cumberland Law Journal, Potter and Elizabeth N. Potter, their and assigns, by publication in the a duly designated legal newspaper for // Cumberland County, Pennsylvania, on February 22, 2002, as evidenced by the Proof of Publication attached hereto, marked Exhibit ~B" and made a part hereof. Sworn to and subscribed before me this ~day of ~ , 2002. Notary Public My Commission expires: Notarial Seal Deborah L. Donley, Notary Public Camp Hill Boro, Cumberiand County My Commission Expires Sept. 23, 2003 ~Iember, Pennsylvar~ia Association of Notaries // EXHIBIT "A" 2/18/02 PROOF OF PUBLICATION IN THE SENTINEL PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication . that he is not interested in aforesaid notice or and that all allegations in the , place and character are true. February 20, 2002 ~scribed before me this 20th FebruL, 2002. Notary Public ,n expires: // EXHIBIT "B" 2/22/02 PROOF OF PUBLICATION IN CUMBERLAND LAW JOURNAL PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz FEBRUARY 22, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are SWORN TO AND SUBSCRIBED before me this 22 day of FEBRUARY. 2002 LOt$ E. 8NYDER, No~/Ful~ I CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, pennsylvania Civil Action--Law No. 02-463 THOMAS A. pLANAVSKY, Plaintiff AMOS C. POTrER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, Defendants QUIET TITLE TO: Amos C. Potte~ and Elizabeth N. Potter, their heirs, representa- tives and assigns The Plaintiff, Thomas ,~ Planav- sky, has fi[ed the above action against you. The nature of tl-ds action is a pro- ceeding in quiet title against the Defendants, Amos C. Potter and Eliz- abeth N. Potter, their heirs, repre- sentatives and assigns, in which the Plaintiff is seeking to quiet title to the property located at 4 Courtland Avenue, Camp Hill, Pennsylvania, and to have the Court enter an Or- der declaring the Plaintiff to be the sole legal owner of the subject prem- ises and to extinguish and terminate any interest Defendants may have in the subject premises. The Defendants, by this legal no- rice, are served with this action ptw- suant to the Special Order of Court dated February 5, 2002, authoriz- ing service of the Complaint by pub- lication and the Defendant is given the following notice: NOTICE If you wish to defend, you must enter a written appearance, person- ally or by attorney, and file your defenses or objections in writing with the court. You are warned that ff you fail to do so the case may pre ceed without you and a judgment may be entered against you by the court without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DIANE G. ~ADCLIFF, ESQUIRE Attorney for Plaintiff 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 Feb. 22 PLANAVSKY/6.13.02. CERT. SERVICE 5.6.02. ORDER THOMAS A. PLANAVSKY, Plaintiff V AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-463 : : CIVIL ACTION - AW : QUIET TITLE CERTIFICATE OF SERVIC~ AND NOW, this q~-X-day of~~ , '2002, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I ~ve ~his day served a copy of the May 6, 002 Order of Court attached ~ereto as Exhibit "A" and May 9, 2002 cover letter, attached heretb as Exhibit "B", upon the following named person, by mailing sa~e by first class mail, postage prepaid, addressed as follows: Amos C. and Elizabeth N. Potter 4 Courtland Road Shiremanstown, PA 17011 Respectfully submitted, ~le Road Camp Hill, PA 17011i Phone: (717) 737-01010 Fax: (717) 975-06971 Supreme Court ID # 3~112 THOMAS A. PLANAVSKY, Plaintiff V AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-463 : CIVIL ACTION - LAW : QUIET TITLE ORDER OF COURT AND NOW, this ~b~ day of .. --/pT~ , 2002, upon motion of DIANE G. RADCLIFF, ESQUIRE, and pursuant! to Pa. R.C.P. 1066, it is ORDERED AND DECREED that: 1. Plaintiff, Thomas A. Planavsky, is the legal owner of the premises and Plaintiff, Thomas A. Planavsky, is the equitable owners of the premises described ion Exhibit '~A" attached hereto and made a part hereof, and 2. Defendants, Amos C. Potter and Elizabeth N. Potter, their heirs, representatives and assigns, are forever barred from asserting any right, lien, title or interest in the land and inconsistent with the interest and claim of the Plaintiff as set forth in the Complaint ~iled in this action unless the Defendants file an An~:wer to said ComPlaint within thirty (30) Order. days of the date of this If no Answer is filed by the Defend . Shall enter a fin=~ . ants, t~e Prothonot~_ p~ , , ~ 3udgment u- ~Y xalnt/ff, Which ~ pon Pr~ecipe by th= . . 3uugment shall - . -~= Exhibit "B" attache~ ~_ be ~n ac~cordance With ~ hereto and ma . I certified.copy of the Fin=~ ~ . de a Pa~t hereof. A ~ uuCgment Shall b~ recorded in the Office of the Recorder of Deeds and against the Defendants. Shal~ be indexed BY THE COURT: DIANE G. RADCLiFF, ESQU1 Att Law Camp Hill, Pennsylvania 17011 Nay 9, 2.002 Amos C. and Elizabeth N. 4 Courtland Road Shiremanstown, PA 17011 Potter RE: Planavsky v. Potter 02-463 Civil Term Cumber/and County, PA Quiet Title Action Dear Mr. and Mrs. POtter: _, .I am enclosing With . within th~ ~le an Anon- Order he _ dge GUido · had b-- ~cy (30) ~ ~wer to tn ha~ indi .... ~n t no~ =eh Served .... uays of the ~e Complain~ ~.%ne~ tha u~ce of t~_ _ ~on You ~ ~ce of ~u ~ ~ed may PrOVid="Y Complaint ~f~ ~ublication ~"e_order. = You with a _~z PUblication-' _ Ir You opy the ;2'iL?ase advL7 '"~laint = me Should Order, do You h~ve any questions or not hesitate to cOntact me. cOmments Pertaining Very truly YOUrs, closure DIANE G. RADCLIFF, ESQUIRE · · : )757-0100 ~7) 975-0697 ? of Court he above_ : You are :his Case 7Omplaint received ~ that I to this Thomas A. Planavsky/5,6.02/Final Judgment THOMAS A. PLANAVSKY, Plaintiff v ~LMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : NO. 02-463 : CIVIL ACTION - : QUIET TITLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW FINAL JUDGMENT "A" and made a part Amos C. Potter This Court having entered an Order of Court Dated May 6, 2002 a true and correct copy of which is attached hereto, marked Exhibit hereof, which Order provides that Defendants, and Elizabeth N. Potter, their heirs, representatives and assigns, are forever barred from asserting any right, lien, title or interest in the land and inconsistent with the interest and claim of the Plaintiff as set forth in the Complaint filed in this action unless the Defendants file an Answer to said Complaint within thirty (30) days of the date of this Order and if no A~swer is filed by the Defendants, final judgment shall be entered in favor of the Plaintiff; and It appearing that Plaintiff has served a copy of that May 6, 2002 Order upon Defendants on May 9, 2002 as more fully appears on Thomas A. Planavsky/5.6.02/Final Judgment the Certificate of Service filed of record in this case; and It further appearing that more than thirty (30) days has past since the May 6, 2002 Order was served upon the Defendants and no Answer to the Complaint date of this Order; Now therefore, has been filed by the Defendants to the and upon motion of Diane G. Radcliff, Esquire, IT IS HEREBY ORDERED AND DECREED that: 1. The Plaintiff, Thomas A. Planavsky, is the legal and equitable owner of the premises described on Exhibit "B" attached hereto and made a part hereof. The Defendants, Amos C. Potter and Elizabeth N. Potter, their heirs, representatives and assigns, are forever barred from asserting any right, title, lien or interest in and to the real estate described on Exhibit ~B" in any manner inconsistent with the interests and claims of the Plaintiff. The Defendants, Amos C. Potter and Elizabeth N. Potter, are deemed to have effectively conveyed their interest in the premises described on Exhibit ~B" to the Plaintiff and any interest that Defendants may have had in and to the premises, including those arising out of the Articles of Agreement recorded in Book 159, Page 270 are hereby terminated and Thomas A. Planavsky/5.6.02/Final Judgment extinguished. A certified copy of this judgment shall be recorded by the Plaintiff in the Office of the Recorder of Deeds and shall be indexed against the Defendants as grantor and the Plaintiffs as grantee thereby removing the cloud on Plaintiff's title. Final Judgement is hereby entered is favor of Plaintiff and against Defendants. Thomas A. Planavsky/5.6.02/Final Judgment 2 o Defendants file an Answer to said Complaint within thirty (30) days of the date of this Order and if no Answer is the Defendants, final judgment shall be entered in the Plaintiff. Plaintiff served a copy of the May 6, 2002 Order filed by favor of upon the Defendants on May 9, 2002 as more fully appears on Certificate of Service filed of record in this case; 3. More than thirty days has past since the May 6, 2002 order was served upon the Defendants. 4. No Answer to the Complaint has been filed by the Defendants to the date of the filing of this Motion. Wherefore, Plaintiff, respectfully moves this Honorable Court to enter the foregoing Order for Final Judgment. Respectfully submitted, ~ind~eC~, ESQUIRE Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff Exhibit A THOMAS A. PLANAVSKY, Plaintiff v AMOS C. POTTER and ELIZABETH N. POTTER, their heirs, administrators, personal representatives, successors and assigns, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-463 : CIVIL ACTION - LAW : QUIET TITLE ORDER OF COURT AND NOW, this <~ day of -2Q7~ , 2002, upon motion of DIANE G. P~ADCLIFF, ESQUIRE, and pursuant to Pa. R.C.P. 1066, it is ORDERED AND DECREED that: Plaintiff, Thomas A. Planavsky, is the legal owner of the premises and Plaintiff, Thomas A. Planavsky, is the equitable owners of the premises described on Exhibit ~A" attached hereto and made a part hereof, and Defendants, Amos C. Potter and Elizabeth N. Potter, their heirs, representatives and assigns, are forever barred from asserting any right, lien, title or interest in the land and inconsistent with the interest and claim of the Plaintiff as set forth in the Complaint filed in this action unless the Defendants file an Answer to said Complaint within thirty (30) days of the date of this Order. If no Answer is filed by the Defendants, the Prothonotary shall enter a final judgment upon praecipe by the Plaintiff, which judgment shall be in accordance with Exhibit "B' attached hereto and made a part hereof. A certified copy of the Final Judgment shall be recorded in the Office of the Recorder of Deeds and shall be indexed against the Defendants. BY THE COURT: TRUE COPY FROM RECOR[t ~d ~ ~I ol ~i~ Cou~ ai Carlisle, Pa. rhi~ day of ~ , Exhibit B ................ Area Above for Recording Information .................. Tax Parcel: 13-23-0557-040 This Deed, made the ~ day of ~-, ? in the year of Two Thousand One (2001) Between MORTGAGE GUARANTY INSURANCE CORPOP~ATION (hereinafter called the Grantor), and THOMAS A. PLANAVSKY, a single man, (hereinafter called the Grantee) Wi tnesseth That the said Grantor, for and in consideration of the sum of Sixty Five Thousand and 00/100 Dollars ($65,000.00) lawful money of the United States of America, unto Grantor well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantee, his heirs and assigns: ALL THAT CERTAI~ piece or parcel of land with the buildings and improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, and described according to survey made December 11, 1974 by Michael C. D'Angelo, Registered Surveyor, and bounded and described as follows: BEGINNING at a pipe situated on the northeasterly side of Courtland Road (50 feet wide) which pipe is on a course North 24 degrees 15 minutes 30 seconds West and measured 95.0 feet from the northwesterly side of Description of Premises THENCE from said beg. _l~ng point by the northeast ly side of Courtland Road North 24 , . degrees 15 minutes 30 seconds West a dis~anc~ .of 64.97 feet (erroneousl~ ~eferred to in prior deeds as 64.07 fee~) t~ a pin on the northeasterly side of Courtland Road; ' r THENCE by southeasterly line of Lot No. 68 on the herelnafte mentioned Plan North 65 degrees ~4 minutes 30 seconds East 120.00 feet to a pin; THENCE by the southwesterly line of Lot No. 106 on the hereinafter mentioned Plan South 24 degrees 15 minutes 30 seconds East 27.58 feet to a pipe; THENCE by the northwesterly line of Lot No. 12 as shown on said hereinafter mentioned plan South 27 degrees 24 minutes 47 seconds West ~.88 feet to a pipe; T~ENCE by Lot No. 13 as shown on the hereinafter mentioned Plan South 59 degrees 18 minutes 40 seconds West 85.33 feet to a pipe on the northeasterly line of Courtland Road, the Place of BEGINNING. BEING Lot No. 67, Tract No. 3, Cumberland Park as recorded in Cumberland County Recorder of Deeds office in Plan Book 6, Page 3. BEING improved with a one-story frame dwelling house known as No. 4 Courtland Road, Cumberland Park, Camp Hill, Pennsylvania 17011. BEING the same premises which Federal National Mortgage Association by its deed dated September 26, 2000 and recorded immediately prior to the recording of this deed, granted and conveyed unto Mortgage Guaranty Insurance Corporation, Grantor herein.