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HomeMy WebLinkAbout12-0282FILED-OFFICE OF THE PROTHONOTARY 2012 FEB - 7 AM 11: 3 8 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, DEFENDANTS NO. 102 ° &3g, ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, BRIAN C. LINSENBACH, ESQUIRE, of the law offices of STONE, DUNCAN & LINSENBACH, P.C., certify that I have served a copy of the Plaintiffs Complaint, upon the Defendant by Deputy Sheriff Amanda Cobaugh on January 26, 2012, at 5:47 P.M., as evidenced by the Sheriff's Return of Service, attached hereto. I verify that the statements made in this Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 24 / L.__- bate' BRIAN C. LINSENBACH, ESQ. (87360) STONE, DUNCAN & LINSENBACH, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 Office (717) 432-0158 Fax SHERIFF'S OFFICE OF CUMBERLAND COUNTY -Ronny R Anderson Sheriff ???yitp of ??atmbrr???,$ Jody S Smith -t Chief Deputy .*I ,,F Richard W Stewart Solicitor OMCE OP " E S"EMPr Kerry F. Crum vs. David J. McMillen Case Number 2012-282 SHERIFF'S RETURN OF SERVICE 01/26/2012 05:47 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1747 hours, she served a true copy of the within Complaint to Quiet Title, upon the within named defendant, to wit: David J. McMillen, by making known unto himself personally, at 444 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.45 January 27, 2012 AMA DA LAU SO ANSWERS, RON R ANDERSON, SHERIFF (c) CourySuite Sheriff. Teieoso`t mc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, DEFENDANTS : NO. 12-282-CIVIL C-) c= -U -,. 2 :zo r- < C7 > cz CD 3}Cz : ACTION TO QUIET TITLE MOTION FOR PUBLICATION r+? N co b c? X-- C r"b --C -. r ,' - - cvis'x: AND NOW, this J day of 2012, comes BRIAN C. LINSENBACH, Esquire, attorney for the Plaintiffs, KERRY F. CRUM and ROSE L. CRUM, RIAN C. LINSENBACH and WENDY S. LINSENBACH, files this Motion for Publication, the following of which is a statement: This Action to Quiet Title was commenced by a Complaint filed in the Common Pleas of Cumberland County, Pennsylvania on January 23, 2012. 2. The title of the real estate, which is the subject of this action, is in the names of Kerry F. Crum and Rose L. Crum, husband and wife, which Plaintiffs purchased the property from Richard D. McMillen on February 6, 1990, and the deed was recorded in the Recorder of Deeds of Cumberland County, in Book Y34 at Page 1086. The subject of this Quiet Title Action is that there remains a mortgage which has been paid in full and yet not satisfied of record to the deceased, Richard D. McMillen. 4. Richard D. McMillen passed away on October 18, 1997, in Cumberland County, and to date there has been no estate raised. Plaintiffs are only aware of one known heir, and that is the Defendant, Richard D. McMillen's son, namely David J. McMillen. Attempts to reach David J. McMillen have been unsuccessful; however, the Complaint in Quiet Title Action was served upon him by the sheriff on January 26, 2012. (Attached as Exhibit "A"). 6. After service by the sheriff, the Defendant, David J. McMillen, has still not made contact with Plaintiffs or Plaintiffs' attorney, even after subsequent attempts to contact him. 7. Plaintiffs made a good faith effort to determine whether there are any heirs, assigns, successors, devisees and administrators and/or executors of the Defendant, Richard D. McMillen, and except for the knowledge of his son, David J. McMillen, Plaintiffs have been unsuccessful. 8. Since no estate has been raised for Richard D. McMillen and the Defendant's son, David J. McMillen, has refused to cooperate with raising an estate or signing a Satisfaction of Mortgage as a way to clear title, the only way to move forward on this Action to Quiet Title is to serve the unknown parties by publication. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter an Order permitting service of this Complaint in Action to Quiet Title against all the remaining Defendants other than the Defendant, David J. McMillen, by publication. Respectfully submitted, STONE, DUNCAN & LINSENBACH, PC BRIAN C. LINS ACH, ESQUIRE I.D. #87360 Attorney for Plaintiffs 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 NOTICE You have been sued in court. If you wish to defend yourself 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 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. MIDPENN LEGAL SERVICES 401 E. LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 1-800-822-5288 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. . NO. 12-282-CIVIL RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, . ASSIGNS, DEVISEES, EXECUTORS, ACTION TO QUIET TITLE ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, . DECEASED, DEFENDANTS . AFFIDAVIT TO SUPPORT THE MOTION FOR PUBLICATION The Defendant, Richard D. McMillen, is deceased. 2. The only known heir is David J. McMillen, and he refuses to cooperate or make contact with Plaintiffs or Plaintiffs' attorney. There has been no estate raised for the deceased, Richard D. McMillen, and thus there are no probate records found in the Cumberland County Register of Wills Office. 4. It is believed and therefore averred that Richard D. McMillen is deceased and left no heirs or assigns of record. The only way to serve the deceased and any unknown parties is by publication. Respectfully submitted, STONE, DUNCAN & LINSENBACH, PC BRIAN C. LINSE ACH, ESQUIRE I.D. 487360 Attorney for Plaintiffs 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 SWORN AND SUBSCRIBED BEFORE ME THIS,-)eDAY COMMONWEALTH OF PENNSYLVANIA OF 2012 Notarial Seal Tara K. Stonebraker, Notary Public J Dillsbur9 Boron York county ?2015 My commission b?plres NOTARY PUBLIC MEMBER, PENNSYLVANIA AssocrAnON of NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, VS. : NO. 12-282 -CIVIL RICHARD D. MCMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ACTION TO QUIET TITLE ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, DEFENDANTS NOTICE OF PUBLICATION To: RICHARD D. McMILLEN, DECEASED AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS, AND ALL OTHER PARTIES OF INTEREST. You are notified that the Plaintiffs, KERRY F. CRUM and ROSE L. CRUM, husband and wife, have commenced an Action to Quiet Title against you entered to Docket No. 12-282, in the Court of Common Pleas of Cumberland County, Pennsylvania, which you are required to defend. This action concerns the land here described: BEGINNING at a point on the northern line of State Street, which point is referenced North 63 degrees 00 minutes West, 58 feet from the northeast corner of State Street and Third street; thence North 03 degrees 34 minutes East, 50.15 feet to a point; thence North 11 degrees 41 minutes West, 21.47 feet to the southern line of Clay Street; thence along same, North 75 degrees 45 minutes East, 36 feet to a point; thence South 13 degrees 59 minutes East, 22 feet to a point; thence South 20 degrees 49 minutes East, 13.31 feet to a partition wall; thence along same, South 25 degrees 07 minutes West, 61 feet to the northern line of State street; thence North 63 degrees 00 minutes West along same, 20 feet to the point of BEGINNING. HAVING thereon erected premises known and numbered as 231 State Street, West Fairview, Pennsylvania. PLAINTIFFS SAID COMPLAINT requests the Courtto decree that the mortgage dated February 6,1991, recorded in the Cumberland County Records of Deeds Office in Book 1002 at Page 908, be satisfied of record. EXHIBIT A i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' ?oa?ati? at ?CambR?? Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE GWRIFF Kerry F. Crum Case Number vs. David J. McMillen 2012'282 SHERIFF'S RETURN OF SERVICE 01/26/2012 05:47 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1747 hours, she served a true copy of the within Complaint to Quiet Title, upon the within named defendant, to wit: David J. McMillen, by making known unto himself personally, at 444 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. LA4 -- ? -d-01 MA DA COBAUGH, DEPUTY SHERIFF COST: $43.45 January 27, 2092 SO ANSWERS, 21 RON R ANDERSON, SHERIFF i (c) CountySulte Sheriff, Teleosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, VS. : NO. 12-282 -CIVIL RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ACTION TO QUIET TITLE ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, . DECEASED, PLAINTIFFS DEFENDANTS NOTICE OF PUBLICATION To: RICHARD D. McMILLEN, DECEASED AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS, AND ALL OTHER PARTIES OF INTEREST. You are notified that the Plaintiffs, KERRY F. CRUM and ROSE L. CRUM, husband and wife, have commenced an Action to Quiet Title against you entered to Docket No. 12-282, in the Court of Common Pleas of Cumberland County, Pennsylvania, which you are required to defend. This action concerns the land here described: BEGINNING at a point on the northern line of State Street, which point is referenced North 63 degrees 00 minutes West, 58 feet from the northeast corner of State Street and Third street; thence North 03 degrees 34 minutes East, 50.15 feet to a point; thence North 11 degrees 41 minutes West, 21.47 feet to the southern line of Clay Street; thence along same, North 75 degrees 45 minutes East, 36 feet to a point; thence South 13 degrees 59 minutes East, 22 feet to a point; thence South 20 degrees 49 minutes East, 13.31 feet to a partition wall; thence along same, South 25 degrees 07 minutes West, 61 feet to the northern line of State street; thence North 63 degrees 00 minutes West along same, 20 feet to the point of BEGINNING. HAVING thereon erected premises known and numbered as 231 State Street, West Fairview, Pennsylvania. SAID COMPLAINT requests the Court to decree that the mortgage dated February 6,1991, recorded in the Cumberland County Records of Deeds Office in Book 1002 at Page 908, be satisfied of record. NOTICE You have been sued in court. If you wish to defend yourself 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 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. MIDPENN LEGAL SERVICES 401 E. LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 1-800-822-5288 n? efry THE PRU1 o? ,, 1012 MAR - t PM 2: 0? CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. RICHARD D. McMILLEN, DECEASED, and , DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, DEFENDANTS NO. 12-282-CIVIL ACTION TO QUIET TITLE ORDER FOR PUBLICATION AND NOW, this day of M aN,f/''`-- , 2012, upon consideration of the foregoing Motion and attached Affidavit, the Plaintiffs are granted leave to make service of the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in the Cumberland Law Journal and once in one daily newspaper of general circulation in the County of Cumberland, the said publication requiring the Defendants, Richard D. McMillen, deceased, and any and all unknown heirs and assigns, devisees, executors, administrators and all persons, firms, or associations claiming right, title or interest from or under Richard D. McMillen, deceased, to plead to said Complaint within twenty (20) days from the date of the last appearance of the publication. V bau ? d :F, M "1q , 11.ePX l ?i?l q ??: ?IN Se, lX[GE i J. Tho a? A. Piacey 1-1mmon Pleas Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS vs• : NO. 12-282-CIVIL RICHARD D. McMILLEN, DECEASED, and DAVID J. MCMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, n 4,y 5< a i 4 ASSIGNS, DEVISEES, EXECUTORS, ACTION TO QUIET TITLE ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, DEFENDANTS r: ?r rn MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS, DAVID J. MCMILLEN AND AGAINST RICHARD J. MCMILLEN, DECEASED, AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. MCMILLEN, DECEASED FOR FAILURE TO ANSWER Plaintiffs, KERRY F. CRUM and ROSE L. CRUM, by their undersigned attorney, BRIAN C. LINSENBACH, ESQUIRE, file this Motion for a Judgment by Default against the Defendant, DAVID J. McMILLEN and against the Defendants, RICHARD J. MCMILLEN, Deceased, and any and all unknown heirs, assigns, devisees, executors, and any and all other parties of interests, and in support thereof avers the following: This is an action to quiet title in which Plaintiff request that Defendants, David J. McMillen and against the Defendants, Richard J. McMillen, Deceased, and any and all unknown heirs, assigns, successors, devisees, administrators and executors, and any and all other parties of interest, and any person claiming under Defendants satisfy of record the mortgage given by Kerry F. Crum and Rose L. Crum to the Defendant, Richard D. McMillen, dated February 6, 1991, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, Mortgage Book 1002 at Page 906, in the amount of $3,600.00. 2. There has been no opposing counsel as to any of these Defendants; therefore, no concurrence has been sought on this Motion. DEFAULT AGAINST DEFENDANT DAVID J. WMILLEN 3. Defendant, David J. McMillen, of 444 Third Street, Enola, Pennsylvania 17025, is the son of Richard D. McMillen, as the only known sole heir. There has been no opposing counsel as to any of these Defendant, therefore, no concurrence has been sought on this Motion. 4. The Complaint, along with the Notice to Defend, was served upon the Defendant, David J. McMillen, by the Amanda Cobaugh, Deputy Sheriff, on January 26, 2012. 5. No response was received by Defendant, David J. McMillen, after being served the Complaint by the Sheriff. 6. Thereafter, a 10 day Notice of Default was sent to Defendant, David J. McMillen dated March 9, 2012, a copy of which is attached hereto as Exhibit "A". 7. To date, more than 10 days has passed since the Notice of Default was sent and no response has been received. 8. Defendant, DAVID J. McMILLEN, has failed to respond to the Complaint or file an answer within the time required and more than 20 days has elapsed since the date of service and more than 10 days has elapsed since the date he was sent the 10 day Notice of Default. Pa. R.C.P. No. 1066(a) allows the Court to grant appropriate relief on an Affidavit that a Complaint containing a Notice to Defendants has been served and Defendants have not filed an answer. WHEREFORE, Plaintiffs request this Court to enter an Order of Judgment by Default against Defendant, DAVID J. McMILLEN, and any and all other parties of pursuant to Pa. R.C.P. No. 1066(a). DEFAULT AGAINST DEFENDANT RICHARD D. McMILLEN, DECEASED, AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST 9. The Defendant, RICHARD D. McMILLEN, DECEASED and no estate has been raised, and any and all unknown heirs, assignees, devisees, administrators, and executors, and any and all other parties of interest have failed to respond to the Complaint or file an answer within the time required. More than twenty (20) days have elapsed since the date of the last publications. 10. A Motion for Publication against Richard D. McMillen, Deceased, and any and all unknown heirs, assignees, devisees, administrators, and executors was filed with this Court on February 28, 2012. An Order was granted for service by publication against the Defendants, Richard D. McMillen, Deceased, and any and all unknown heirs, assigns, successors, devisees, administrators and executors, and any and all other parties of interest, and any person claiming under Defendants dated March 1, 2012, which is attached as Exhibit "B". 11. Attached as Exhibit "C" is an affidavit stating that a Complaint containing a Notice to Defendants was served by publication pursuant to this Court's Order dated March 1, 2012. 12. Defendant, RICHARD J. McMILLEN, Deceased, and any and all unknown heirs, assigns, devisees, executors, and any and all other parties of interests, have failed to respond to the Complaint or file an Answer within the time required, and more than twenty (20) days has elapsed since the date of the last publication. Pa. R.C.P. No. 1066(a) allows the Court to grant appropriate relief on an Affidavit that a Complaint containing a Notice to Defendants has been served and Defendants have not filed an answer. WHEREFORE, Plaintiffs request this Court to enter an Order of Judgment by Default against Defendants, RICHARD J. McMILLEN, DECEASED, and any and all unknown heirs, assigns, devisees, executors, and any and all other parties of pursuant to Pa. R.C.P. No. 1066(a). Respectfully submitted: STONE, DUNCAN & LINSENBACH, PC i By: BRIAN C. LINSENBACH, ESQUIRE I. D. No. (87360) Attorney for Plaintiff 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 r rLikin I Irv v EXHIBIT T? 1-0 IZ HAR - I ; N ?: 0, 9 %UMBERLAND PENNSYLV .NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM. and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. RICHARD D. MCMILLEN, DECEASED, and DAVID J. MCMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, DEFENDANTS : NO. 12-282-CIVIL : ACTION TO QUIET ' 'ITLE ORDER FOR PUBLICATION AND NOW, this day of 2012, upon consid ;ration of the foregoing Motion and attached Affidavit, the Plaintiffs are granted leave to make ; ervice of the above-captioned Complaint on the Defendants, their heirs and assigns, by publicatic n once in the Cumberland Law Journal and once in one daily newspaper of general circulation in - he County of Cumberland, the said publication requiring the Defendants, Richard D. McMillen, dec( ased, and any and all unknown heirs and assigns, devisees, executors, administrators and all pers ins, firms, or associations claiming right, title or interest from or under Richard D. McMillen, deceas ;d, to plead to said Complaint within twenty (20) days from the date of the last appearance of the p iblication. J. Thotvna? A. Placey `-1mmon Pleas Judge L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, DEFENDANTS ACTION TO QUIET TITLE AFFIDAVIT OF SERVICE ON DEFENDANT DAVID J. McMILLEN COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK : SS Brian C. Linsenbach, Esquire, being duly sworn according to law, deposes and says that: 1. He is the attorney for the Plaintiffs in the above-captioned action. 2. The Complaint was served upon Defendant David J. McMillen by the Sheriff on January 26, 2012. No response was received. 3. Thereafter, a ten-day Notice of Default was sent out with a date of March 9, 2012. No response has been received. Sworn and subscribed to before me this o?0 ay of n 92012 Notary Public NOW" Seal Tara K. Stonebnftr, NaWY"k Dilbburo Born, York County ,r., t- njjdm p ok" March 17, 20: STONE, DUNCAN & LINSENBACH, PC Y BRIAN C. LI ENBACH, ESQUIRE (87360) Attorney for Plaintiff VIA 8 N. Baltimore Street illsburg, PA 17019 e717-432-2089 Fax 717-432-0158 : NO. 12-282-CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. RICHARD D. MCMILLEN, DECEASED, and DAVID J. MCMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, . NO. 12-282-CIVIL ACTION TO QUIET TITLE DEFENDANTS AFFIDAVIT OF SERVICE ON DEFENDANT RICHARD D. McMILLEN, DECEASED AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK Brian C. Linsenbach, Esquire, being duly sworn according to law, deposes and says that: 1. He is the attorney for the Plaintiffs in the above-captioned action. 2. A Motion for Publication was filed on February 28, 2012, against the Defendant, Richard D. McMillen, Deceased, and any and all unknown heirs, assigns, devisees, executors, action to quiet title administrators and all persons, firms, or associations claiming right, title or interest from or under Richard D. McMillen, the deceased. An Order was issued to allow service by publication dated March 2, 2012. (Order is attached as Exhibit "A".) 3. Publication was made through Cumberland Law Journal on March 23, 2012, in accordance with the Order for Publication dated March 1, 2012, and Pennsylvania Rule of Civil Procedure 1066. (The original Proof of Publication is attached as Exhibit "B".) Publication was made through The Sentinel on March 12, 2012, in accordance with an Order for Publication dated March 1, 2012, and Pennsylvania Rule of Civil Procedure 1066. (The original Proof of Publication is attached as Exhibit "C".) Sworn and subscribed to before me this ?Aday of 2012 Notary Public COMMONWEALTH OF PENNSYLVANIA W 5 NOWY PubUc Tara KjVA01MAA nebrak?? ?? pilg Born, Marcfi 17, 2015 MEMB?t moaA110N OF N)TAR1E5 STONE, DUNCAN & LINSENBACH, PC BRIAN C. LINSENBACH, ESQUIRE (87360) Attorney for Plaintiff 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: 717-432-2089 Fax 717-432-0158 1 R"o"'wa L F' r 2012 HAP - ! PM 2: 09 CUMBERLAND t biot,,° PENNSYLVAN M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM. and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. NO. 12-282-CIVIL RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ACTION TO QUIET TITLE ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. MCMILLEN, DECEASED, DEFENDANTS ORDER FOR PUBLICATION AND NOW, this S_? day of M N6' - , 2012, upon consideration of the foregoing Motion and attached Affidavit, the Plaintiffs are granted leave to make service of the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in the Cumberland Law Journal and once in one daily newspaper of general circulation in the County of Cumberland, the said publication requiring the Defendants, Richard D. McMillen, deceased, and any and all unknown heirs and assigns, devisees, executors, administrators and all persons, firms, or associations claiming right, title or interest from or under Richard D. McMillen, deceased, to plead to said Complaint within twenty (20) days from the date of the last appearance of the publication. BY J. ThAa? A. Placey -1mrrmon Pleas Judge KAWIPPS TW 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 March 23, 2012 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. ),a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 23 day of March, 2012 1 / Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 12-282-CML KERRY F. CRUM and ROSE L. CRUM, Husband and Wife PLAINTIFFS VS. RICHARD D. McMILLEN, DECEASED and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED DEFENDANTS ACTION TO QUIET TITLE NOTICE OF PUBLICATION To: RICHARD D. McMILLEN, DE- CEASED AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DE- VISEES, EXECUTORS, ADMINIS- TRATORS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS, AND ALL OTHER PARTIES OF INTEREST You are notified that the Plain- tiffs, KERRY F. CRUM and ROSE L. CRUM, husband and wife, have commenced an Action to Quiet Title against you entered to Docket No. 12- 282, in the Court of Common Pleas of Cumberland County, Pennsylvania, which you are required to defend. This action concerns the land here described: BEGINNING at a point on the northern line of State Street, which point is referenced North 63 degrees 00 minutes West, 58 feet from the northeast corner of State Street and Third street; thence North 03 degrees 34 minutes East, 50.15 feet to a point; thence North 11 degrees 41 minutes West, 21.47 feet to the southern line of Clay Street; thence along same, North 75 degrees 45 minutes East, 36 feet to a point; thence South 13 degrees 59 minutes East, 22 feet to a point; thence South 20 degrees 49 minutes East, 13.31 feet to a partition wall; thence along same, South 25 degrees 07 minutes West, 61 feet to the northern line of State street; thence North 63 degrees 00 minutes West along same, 20 feet to the point of BEGINNING. HAVING thereon erected premises known and numbered as 231 State Street, West Fairview, Pennsylvania. SAID COMPLAINT requests the Court to decree that the mortgage dated February 6, 1991, recorded in the Cumberland County Records of Deeds Office in Book 1002 at Page 908, be satisfied of record. NOTICE You have been sued in court. If you wish to defend yourself 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 CUMBERLAND LAW JOURNAL SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 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. MIDPENN LEGAL SERVICES 401 E. Louther Street Suite 103 Carlisle, PA 17013 1-800-822-5288 BRIAN C. LINSENBACH, ESQUIRE STONE, DUNCAN & LINSENBACH, PC Attorneys for Plaintiffs 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: (717) 432-2089 Mar. 23 Jackie Co):,Sales 1?lirek sivorr, deposes and Borough off Carli dt,, ?t l v k i since ivhich date 1'111 ,4 E ?t printed notice or publ published in the regul_=r t' it? i i i i THL SFN'FINFI. ou th Marcr 1? 2012 COPY OF NOTICI OF P1.BLICATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW I KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS vs RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, NO. 12-282 CIVIL. ACTION TO QUIET TITLE DEFENDANTS NOTICE OF PUBLICATION I To: RICHARD D. MCMILLEN, DECEASED AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISES, EXECUTORS, ADMINISTRATORS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS, AND ALL OTHER PARTIES OF INTEREST. eou are notified that the Plaintiffs, KERRY F. CRUM and ROSE L. CRUM, husband and Wife, have commenced an Action to Quiet Title against you entered to Docket No. 12-282, in the Court of Common Pleas of Cumberland County, Pennsylvania, which you are required to defend. This action concerns the land here described: BEGINNING at a point on the northern line of State Street, which point is referenced North 63 degrees 00 minutes West, 58 feet from the northeast corner of State Street and Third Street; thence North 03 degrees 34 minutes East, 50.15 feet to a point; thence North 11 degrees 41 minutes West, 21.47 feet to the southern line of Clay Street; thence along same, North 75 degrees 45 minutes East, 36 feet to a point; thence South 13 degrees 59 minutes East, 22 feet to a point; thence South 20 degrees 49 minutes East, 13.31 feet to a partition wall; thence along same, South 25 degrees 07 minutes Went, 61 feet to the northern line of State Street; thence North 63 degrees 00 minutes West along same, 20 feet to the point of BEGINNING. HAVING thereon erected premises known and numbered as 231 State Street, West Fairview, Pennsylvania. SAID COMPLAINT requests the Court to decree that the mortgage dated February 6, 1991, recorded in the Cumberland County Records of Deeds Office in Book 1002 at Page 908, be satisfied of record. NOTICE ou have been sued in court. If you wish to defend yourself 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. OU 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR ASSOCIATION . 32 South Bedford Street Carlisle, Pennsylvapla 17013 Telephone: (717) 249-3166 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. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 1-800-822-5288 aforesaid, beins, 11 9-al c IrC Li lati(+n I ) -cemher ;tin, 1K ,,- Ct_Iu11tanal th' printed anr_: PLAINTIFF'S EXHIBIT az .W ;a riff ar l I ,!tlpo?,es that he/she Is i irtere"I 3' t "uhjecl matter ref the afoles.ti,. i ?-.ldvertisement, and all atlc-.?+ z. i a lie foregoing stateme t." trrn ; t character of publicat are trvr Svv-t?rr? +. [)scribed before me thi r? Notary Public \1v (onr:_3 , ;'tpll'es: w+ STONE, DUNCAN & LINSENBACH, PC Attorney for Plaintiffs BRIAN C. LINSENBACH, ESQUIRE E North Baltimore Street. Dillsbura. PA 1701 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY F. CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS VS. RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMINISTRATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, DEFENDANTS NO. 12-282-CIVIL ACTION TO QUIET TITLE ORDER T? AND NOW, this day of 2012, an Affidavit of Service of the Complaint Notice to Plead having been filed, and no answer having been made by Defendants, upon the motion of Plaintiff pursuant to Pa. R.C.P. No. 1066(a), it is hereby: ORDERED that a judgment by default be entered against Defendant, DAVID J. heirs, assigns, successors, devisees, administrators, and executors and against the Defendant, RICHA] McMILLEN, Deceased, and any and all unknown heirs, assigns, devisees, executors, and any and all parties of interest directing that they, and any persons claiming under them, are forever barred, enj and restrained from asserting any right, lien, title or interest in or to the land or any par t th inconsistent with the interest or claim of the Plaintiff as set forth in the complaint, more partici described as follows: with n of his D J. ly ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly Crum et. al. vs. McMillen et. al. 12-282 Civil Final judgment is hereby entered in favor of Plaintiff's and against Defendants Pursuant to PA. R. C. P. Rule No. 1066 & Local Rule 1066.4. too,, a 7 ?,gamdiek >> Qr;r"iK (,;W e . A4 CA L-S? z < All ~' .~ t ~., ... _ __ .. x.J i . ~ .J ~.~ l . , rT ; ~ ~ ~ pa~ # ~._ ...,t.~. ..E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW KERRY F~ CRUM and ROSE L. CRUM, Husband and Wife, PLAINTIFFS vs. RICHARD D. McMILLEN, DECEASED, and DAVID J. McMILLEN, AS SOLE KNOWN HEIR AND ANY AND ALL UNKNOWN HEIRS, ASSIGNS, DEVISEES, EXECUTORS, ADMIN[S'I'RATORS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD D. McMILLEN, DECEASED, N~J.l2-2r*2-CIV1I~ ACTION TO QUIET TITLE DEFENDANTS PRAECIPE FOR FINAL JUDGMENT "I O THE PROTHONOTARY: Enter on Appearance Docket: and on Decree a notation that the Defendant failed to take the action directed in the last advertisement within the time therein limited; and transmit to the Recorder o1' Df;eds a certified copy of the Decree containing the notation above described. ~ ,.~-`~' Date:__-~' _ ~"l - -- _- -- -- BRIAN C. LINSENBACH, Esquire Supreme Court I.D. #87360 Attorney for the Executor STONE, DUNCAN & LINSENBACH. P C. 8 N. Baltimore Street Dillsburg;, PA 17019 (717) 432-2089 ~ ~~ ~~,~~ Ql (717) 432-0158 (fax) ~~ ~~~ y~~~ ~ asa sI~13 Aln~rn rn ~~ ce(J