HomeMy WebLinkAbout12-7651 FILED-OFFICE
PIRIOTHONOTARY
IN THE COURT OF COMMON PLEAS OFCOM E NSYID COUNTY
TY E O A
CUMBERLAND COUNTY,PENNSYLVANIA
MAX A. FAHNESTOCK, an adult
individual,
Plaintiff NO. 12-7651 CIVIL TERM
VS. CIVIL ACTION—LAW
The heirs,successors, administrators,
and assigns of
CHARLES W. SHEAFFER, deceased,
Defendants ACTION TO QUIET TITLE
MOTION FOR JUDGMENT.
AND NOW, this 30th day of April, 2013, comes the Plaintiff, Max A. Fahnestock, by his
attorney, Peter T. Ruth, Esquire, of the law firm of Stock and Leader, and moves this Honorable
Court to enter the Order attached hereto, discharging all right, title, and interest of the above-
named Defendants:
1. On December 20, 2012, Plaintiff filed the within Action to Quiet Title.
2. Upon Motion of Plaintiffs for Special Order Directing Service of Original Process
by Publication, this Honorable Court entered an Order that the Complaint in the above-captioned
action be served upon the Defendants by publication of Notice one time in the York Legal
Record and in one newspaper of general circulation in York County; and further Ordered, that
service of the Complaint in the above-captioned action be served on Defendant Ms. Cathy Anita
Weigle pursuant to the normal service of process rules contained in any action to quiet title.
3. Pursuant to the January 7, 2013 Order of this Honorable Court, and as evidenced
by the Affidavit attached hereto, marked Exhibit "1" and made a part hereof, advertisement of
this action was completed on January 29, 2013 in the Patriot News and on February 1, 2013 in
the Cumberland Law Journal.
4. More than thirty (30) days have passed since the publication.
0056684-
5. A Notice of Default under Pennsylvania Rule of Civil Procedure 237.1 was filed
with the Office of the Prothonotary in the Court of Common Pleas of Cumberland County,
Pennsylvania to the within-captioned action on April 18, 2013
6. No Answer has been filed by the Defendants or anyone on their behalf.
WHEREFORE, Plaintiff respectfully requests this-Honorable Court to enter an Order:
A. Decreeing the Defendants, the heirs, successors, administrators, and assigns of
Charles W. Sheaffer, including Cathy Anita Weigle, be forever barred from asserting any right,
lien, title, or interest in the real estate identified as 17 South Baltimore Avenue, Mount Holly
Springs Borough, Cumberland County, Pennsylvania, as more fully described in Exhibit "2",
attached hereto and incorporated herein by reference.
B. Decreeing that the Plaintiff and his heirs, successors, administrators, and assigns
are declared the sole owners, in law and in equity, of the property subject to this suit and as more
fully described in Exhibit"2", attached hereto and incorporated herein by reference.
C. Directing the Recorder of Deeds to record a copy of the Order pursuant hereto.
Respectfully Submitted,
STOCK AND LEADER
By:
✓�� -
Peter T. Ruth, Esquire
I.D. #: 313602
Attorneys for Plaintiff
Susquehanna Commerce Center East
221 West Philadelphia Street, Suite E600
York, PA 17401
Phone: (717) 846-9800
Fax: (717) 843-6134
0056684-
EXHIBIT "1 "
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MAX A. FAHNESTOCK, an adult C
-ti 3 w
individual, rnm
Plaintiff NO. 12-7654 CIVIL TERM �rte'- '
oo
—sue
VS. CIVIL ACTION—LAW D��7-, c
. :> `' •=s
The heirs,successors, administrators,
and assigns of _
CHARLES W. SHEAFFER, deceased,
Defendants ACTION TO QUIET TITLE
AFFIDAVIT OF SERVICE BY PUBLICATION
I, Peter T. Ruth, Esquire, caused to be served upon Defendants, the heirs, successors,
administrators, and assigns of CHARLES W. SHEAFFER, and all other unknown persons
claiming any estate, right, title, lien, or interest in or to the real property situate at 17 South
Baltimore Avenue, Mount Holly Springs Borough, Cumberland County, Pennsylvania,Notice of
the Complaint filed to the within action by publication in the Cumberland Law Journal on
February 1, 2013, and by publication in The Patriot News on January 29, 2013, as evidenced by
the Proofs of Publication attached hereto as Exhibits "A" and "B", respectively, in accordance
with the Order of the Honorable Christylee L. Peck dated January 7,2013, in the within matter.
/Peter T. Ruth,Esquire
Sworn and Subscribed to before me this
day of s.;,; °_,l- �;' , 2013.
Notary Public COIu MMALE OF PEWSYLVAMA
NOTARIAL SEAL
Karen B.Bodnar,Notary Public
City of York,York County
0016061- My commission ex Tres Au Rust 30,2016
EXHIBIT "A"
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
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
February 1,2013
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.
isa Marie Coym- Editor
SWORN TO AND SUBSCRIBED before me this
1 day of February 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
CUMBERLAND LAW JOURNAL
NOTICE Baltimore Avenue(S.R. 0034)at the
line of land now or late of Dennis B.
ACTION TO QUIET TITLE Gotthart(ak.a.Gotthard),said point
being located South forty-seven de-
In the Court of Common Pleas of grees,nine minutes thirty-three sec-
Cumberland County,Pennsylvania onds East,two hundred eighteen and
Civil Action—Law fifty hundredth feet (218.50') from
the southern right-of-way line of East
NO. 12-7651 CIVIL TERM Pine Street; thence from said point
of Beginning,by land now or late of
MAX A.FAHNESTOCK, Dennis B.Gotthart(a.k.a.Gotthard)
an adult individual, North forty-three degrees, twenty
Plaintiff minutes,twenty-seven seconds East,
VS. a distance of two hundred sixty feet
The heirs,successors, (260.00'), passing through an iron
administrators and assigns of pin set thirty-three feet(33.00')from
CHARLES W.SHEAFFER,deceased, the terminus of said line,to a point
Defendants at or near the center of Mountain
Creek;thence along and through said
QUIET TITLE ACTION creek the following two (2) courses:
1)South thirty-eight degrees,thirty-
To: all unknown heirs, successors, four minutes,fifty-six seconds East,
administrators, assigns and all a distance of one hundred one and
persons, firms or associations six hundredths feet (101.06') to a
claiming right,title or interest from point; 2) South forty-one degrees,
or under CHARLES W. SHEAF- seventeen minutes, eight seconds
FER,Deceased East, a distance of fifty-one and
You are notified that the Plaintiff, ninety-two hundreds feet(51.92')to
MAX A. FAHNESTOCK has com- a point;thence by other land now or
menced an Action to Quiet Title late of Max A. and Doris E. Fahne-
against you entered to No. 12-7651 stock, passing through an existing
CIVIL TERM in the Court of Com- iron pin on the bank of said creek at
mon Pleas of Cumberland County, a distance of thirty and forty-six hun-
Pennsylvania,which you are required dredth feet (30.46') South fifty-four
to defend. degrees, four minutes, twenty-nine
This action concerns the land seconds West,a distance of fifty-two
here described: a tract situate at and eighteen hundredths feet(52.18')
17 South Baltimore Avenue, Mount to an existing iron pin;thence by land
Holly Springs Borough,Cumberland now or late of Theodore S. Fahne-
County, Pennsylvania, more fully stock,Max A.Fahnestock and Doris
described as follows: E.Fahnestock the following three(3)
ALL THAT CERTAIN lot,parcel or courses;1)North forty-three degrees,
tract of land located in.the Borough forty-nine minutes,forty-five seconds
of Mount Holly Springs, County of West, a distance of forty-seven and
Cumberland, Commonwealth of eighteen hundredths feet(47.18')to
Pennsylvania, as surveyed by Hart- an misting iron pipe; 2)South fifty-
man and Associations, Inc.by plan three degrees,twenty-three minutes,
last revised February 16,2009,more twelve seconds West, a distance
particularly bounded and described of one hundred thirty and twenty
as follows: hundredths feet (130.20') to an ex-
BEGINNING at a Mag Nail set on isting iron pipe;3)South forty-three
the eastern right-of-way line of South degrees,forty-eight minutes,twenty-
10
CUMBERLAND LAW JOURNAL
three seconds West,a distance of sixty- 32 South Bedford Street
three and seventeen hundredths feet Carlisle,PA 17013
(63.17')to an iron pin set;thence by Telephone No. (717)249-3166
the eastern right-of-way line of South Feb. 1
Baltimore Avenue North forty-seven
degrees, nine minutes, thirty-three
seconds West,a distance of seventy-
one and sixty-nine hundredths feet
(71.69')to a Mag Nail set,the place
of BEGINNING. Said tract contain-
ing 23,858.25 square feet or.05477
acres.
BEING the same parcel that
Dorothee K.Debolt,Administrator of
the Estate of Maude S. Fahnestock,
conveyed unto Max A.Fahnestock as
recorded in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania, in Record
Book 174,Page 984.
NOTICE
If you wish to defend, you must
enter a written appearance person-
ally or by attorney and file your de-
fenses or objections in writing with
the court within thirty (30) days of
publication. 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 default
without further notice for the relief
requested by the plaintiff. You may
lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER
TO YOUR LAWYER AT ONCE.IF YOU
DO NOT HAVE A LAWYER, GO TO
OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO
HIRE A LAWYER,THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A RE-
DUCED FEE OR NO FEE.
The Cumberland County
Bar Association
11
EXHIBIT `B "
Suite 300 1KAP k ra« tv k -at'W;
Mechanicsburg, PA 17050 Now you know
Inquiries-717-266-8213
STOCK AND LEADER
STOCK AND LEADER, SUSQUEHANNA COMMERCE CEi 7,013
221 W. PHILADELPHIA STREET, 6TH FLOOR
YORK PA 17401
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Marianne Miller,"being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid;that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s)indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
PUBLICATION COPY This ad# 8102 46900 ran on the'dates shown below:
January 29,2013
. . . . . . . . . . . . . . . . . . . . . . . .
Sworn to and subscribed before rn his 0 day of January,2013 A.D.
A &TaW Public
Comm� OF PENNSYLVANIA .
Notarial Seal
Holly Lynn Warfel,Notary Public
Washington Twp.,Dauphin county
My Commission Expires Dec.12,2016
MEMBER,PENNSYLVANIA ASsociAnoNOF NOTARIES
OF GU1811' lLAHp CgUHc i
P2 SYLttANIA .
CIVIL ACTIOy RM
N�-LAW,
} NO.12*JM it C LTE .
MAX A.FAN Ks;op ailutt r'
'IhQlvidualr RI�M
?tteMlfs.s ildmlMStrafor3;:;.,
nap aalans a q�ItLES'W.
3ktiAFFt'R.f1eC>rrs�d.paDlmdents,�. •
0010T TITLE ACTION
to all unknown holrX wgcessbrs,. '
. mMlatralors.asslstnt Pnd all Pw•sons,
firms.or ai>ROEl Ci64ider
olrone s TIgM,
tie,or Interest or u(ider
CH741aLE5 W Sttt3AFtT r ;,
YYou m'a trotlf{hd�p�fhp PiafniHt� =: :•"'WS Co.
NIAX A.FAHAIESTOC,K.Mss
cgmmenaed aq Adlan I, Qulot Title atr*ot
tW5
.a cue edtoNO'f471 C,tviL Y PkW�/
TERM In tha Court of Comtrton Ple4,s at
Cum '10 Couy�PennsYlVdtitar
whtdi You are reaulred to deter,d. PA 17050
ThtsaefiIonaonteinsthe lanahery Now you know
,W-l¢ed;airq $ttuateart7South 155-8213
Spillmorn Avenue,Mdunt HoliYSpclnps;
Borough:Comlxrland taunts,
Pennsylvania mot`t dully ,dtscrlded a's
follows
ALL THAT CF*RTAIKI0%twrcel,''0r.'
trod of land localealn the Borough at
Mount tinily SpirIf" ,Coualy of
Cumbefland.Commanweolth qt' "
apex navlvaaca.as sutveredby
Inc.by plaarfman: .. LEADER
� ions, lan last. , a
revtsed�ry 16 7At)9,MOr4
particviartyboandwcmdewleed'as ,LEADER, SUSQUEHANNA COMMERCE CE G�� y
tatlows: �
,. B$GtN1VINGat.a,Mgv'Nalaetonfihe�.'.Vth i va it�roAve �R°'.),at,t�et�„e +DELPHIA STREET, 6TH FLOOR
of imid now at late of Dennis Gotthurt,
to:)cd•GpttMtrd),sotdpolntfielnd;
Ipcgted South lortY�seven deprass,:nine
'minutes tgliN•rhTtmesxondsEast,two• „; PA 17401
huntN ld:owmeen ohd fifty hundredN
feet(2i>,.�SD')tram.the southern H9ht�t-'
wav tine of E4stFq Sir t.ttierice
from sgld-point of 8epinnlna,by land
nuw 4t IcteotDennis S.Gorman vummi;
Gotthard}North tarty three deorels;
tr:e�,trml�utea,tv+atm'�e`�en=e�.anda. THE PATRIOT NEWS
Eoat,a dlstonce ot1Wo hundred stXtr i
pf�set fhlr-threet ethi
EXHIBIT "2"
ALL THAT CERTAIN lot, parcel, or tract of land located in the Borough of Mount Holly
Springs, County of Cumberland, Commonwealth of Pennsylvania, as surveyed by Hartman and
Associations, Inc. by plan last revised February 16, 2009, more particularly bounded and
described as follows:
BEGINNING at a Mag Nail set on the eastern right-of-way line of South Baltimore
Avenue (S.R. 0034) at the line of land now or late of Dennis B. Gotthart (a.k.a. Gotthard), said
point being located South forty-seven degrees, nine minutes thirty-three seconds East, two
hundred eighteen and fifty hundredth feet (218.50') from the southern right-of-way line of East
Pine Street; thence from said point of Beginning, by land now or late of Dennis B. Gotthart
(a.k.a. Gotthard) North forty-three degrees, twenty minutes, twenty-seven seconds East, a
distance of two hundred sixty feet (260.00'), passing through an iron pin set thirty-three feet
(33.00') from the terminus of said line, to a point at or near the center of Mountain Creek; thence
along and through said creek the following two (2) courses: 1) South thirty-eight degrees, thirty-
four minutes, fifty-six seconds East, a distance of one hundred one and six hundredths feet
(101.06') to a point; 2) South forty-one degrees, seventeen minutes, eight seconds East, a
distance of fifty-one and ninety-two hundredths feet (51.92')to a point; thence by other land now
or late of Max A. and Doris E. Fahnestock, passing through an existing iron pin on the bank of
said creek at a distance of thirty and forty-six hundredth feet (30.46') South fifty-four degrees,
four minutes, twenty-nine seconds West, a distance of fifty-two and eighteen hundredths feet
(52.18') to an existing iron pin; thence by land now or late of Theodore S. Fahnestock, Max A.
Fahnestock, and Doris E. Fahnestock the following three (3) courses; 1) North forty-three
degrees, forty-nine minutes, forty-five seconds West, a distance of forty-seven and eighteen
hundredths feet (47.18') to an existing iron pipe; 2) South fifty-three degrees, twenty-three
minutes, twelve seconds West, a distance of one hundred thirty and twenty hundredths feet
(130.20') to an existing iron pipe; 3) South forty-three degrees, forty-eight minutes, twenty-three
seconds West, a distance of sixty-three and seventeen hundredths feet (63.17') to an iron pin set;
thence by the eastern right-of-way line of South Baltimore Avenue North forty-seven degrees,
nine minutes,thirty-three seconds West, a distance of seventy-one and sixty-nine hundredths feet
(71.69') to a Mag Nail set,the place of BEGINNING. Said tract containing 23,858.25 square feet
or .5477 acres.
BEING the same parcel that Dorothee K. Debolt, Administrator of the Estate of Maude S.
Fahnestock, conveyed unto Max A. Fahnestock as recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Record Book 174, Page 984.
Property ID: 23-32-2336-284
17 S. Baltimore Avenue
Mount Holly Springs, PA 17065
0063481-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA :.
MAX A. FAHNESTOCK, an adult rnm- ;
Individual, -
Plaintiff NO. 12-7651 CIVIL TERM �<>
VS. CIVIL ACTION—LAW Tom' d ��
>C—
The heirs, successors, administrators,
and assigns of ,
CHARLES W. SHEAFFER, deceased,
Defendants ACTION TO QUIET TITLE
CERTIFICATE OF SERVICE
AND NOW, this 28th day of March, 2013, I, Peter T. Ruth, Esquire, of the law firm of
Stock and Leader, attorneys for Plaintiff, hereby certify that I served the within NOTICE OF
DEFAULT by depositing same in the United States mail, certified, return receipt requested and
also by first-class mail, postage prepaid, in York, Pennsylvania addressed to:
Cathy Anita Weigle
3401 Orrstown Road
Orrstown, PA 17244-9606
STOCK AND LEADER
By:
Peter T. Ruth, Esquire
I.D. #: 313602
Attorney for Plaintiff
Susquehanna Commerce Center East
221 West Philadelphia Street, Suite E600
York, PA 17401-2994
717/846-9800 (Phone)
717/843-6134 (Fax)
004736]-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MAX A. FAHNESTOCK, an adult
Individual,
Plaintiff NO. 12-7651 CIVIL TERM
VS. CIVIL ACTION—LAW
The heirs, successors, administrators,
and assigns of
CHARLES W. SHEAFFER,deceased,
Defendants ACTION TO QUIET TITLE
NOTICE OF DEFAULT
TO: Cathy Anita Weigle
3401 Orrstown Road
Orrstown, PA 17244-9606
DATE OF NOTICE: March 28, 2013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORIMATION ABOUT HIRING A
LAWYER,
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
137 East Market Street
York, Pennsylvania 17401
Telephone No. (717) 854-8755
STOCK AND LEADER
Date: March 28, 2013 By: ,
Peter T. Ruth,Esq re
I.D. #313602
Attorney for Plaintiff
Susquehanna Commerce Center East
221 West Philadelphia Street, Suite E600
York, PA 17401-2994
(717) 846-9800 (Phone)
(717) 843-6134 (Fax)
Postal
CERTIFIED
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SENDER: DELIVERY
■ Complete items 1,2,and 3..Also complete A. nature
f item 4 If Restricted Delivery Is desired . /j�j�;t 1 Agent
I to Print your name and address on the reverse ^^^��� (�V ❑Addressee.
- so that we can return the card to you: 1 1, �,. Received y Printed Nam C: ate f Delivery
I ■ Attach this card to the back of the mailpiece, � �/( t t , l n ,� _/3'
f or on the front If space permits. ,/ `C__
5 D. Is delivery address ddfere 'from item 17 ❑Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
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IN THE COURT OF COMMON PLEAS OF Qrn
CUMBERLAND COUNTY,PENNSYLVANIAN _!
MAX A. FAHNESTOCK an adult ?
individual, ,
Plaintiff NO. 12-7651 CIVIL TERM
r
VS. CIVIL ACTION—LAW
The heirs, successors, administrators,
and assigns of
CHARLES W. SHEAFFER,deceased,
Defendants ACTION TO QUIET TITLE
ORDER
AND NOW, TO WIT, this Z4--la— - day of , 2013, an Affidavit
of Service of the Complaint with Notice to Plead having been fl`d, and no answer having been
made by or on behalf of any of the Defendants, this Court, upon Motion of Peter T. Ruth,
Esquire, attorney for the Plaintiff,hereby ORDERS AND DECREES:
If no action is taken by the Defendants, the heirs, administrators and assigns of Charles W.
Sheaffer, including Cathy Anita Weigle, within thirty (30) days of the date of this Order,the
Prothonotary, on Praecipe of the Plaintiff, shall enter final judgment and order that:
A. The Defendants, the heirs, successors, administrators, and assigns of Charles W.
Sheaffer, including Cathy Anita Weigle, are forever barred from asserting any right, lien, title, or
interest in the real estate identified as 17 South Baltimore Avenue, Mount dolly Springs
Borough, Cumberland County, Pennsylvania, as more fully described in Exhibit "A", attached
hereto and incorporated herein by reference.
B. The Plaintiff, his heirs, successors, administrators, and assigns are declared the
sole owners, in law and in equity,.of the property subject to this suit and as more fully described
in Exhibit"A", attached hereto and incorporated herein by reference.
C. The Recorder of Deeds shall record a copy of this Order entered pursuant hereto,
Yt BY THE COURT:
.'515/13 f�
j J.
0063998-
EXHIBIT "A"
ALL THAT CERTAIN lot, parcel, or tract of land located in the Borough of Mount Holly
Springs, County of Cumberland, Commonwealth of Pennsylvania, as surveyed by Hartman and
Associations, Inc. by plan last revised February 16, 2009, more particularly bounded and
described as follows:
BEGINNING at a Mag Nail set on the eastern right-of-way line of South Baltimore
Avenue (S.R. 0034) at the line of land now or late of Dennis B. Gotthart (a.k.a. Gotthard), said
point being located South forty-seven degrees, nine minutes thirty-three seconds East, two
hundred eighteen and fifty hundredth feet (218.50') from the southern right-of-way line of East
Pine Street; thence from said point of Beginning, by land now or late of Dennis B. Gotthart
(a.k.a. Gotthard) North forty-three degrees, twenty minutes, twenty-seven seconds East, a
distance of two hundred sixty feet (260.00'), passing through an iron pin set thirty-three feet
(33.00') from the terminus of said line,to a point at or near the center of Mountain Creek; thence
along and through said creek the following two (2) courses: 1) South thirty-eight degrees, thirty-
four minutes, fifty-six seconds East, a distance of one hundred one and six hundredths feet
(101.06') to a point; 2) South forty-one degrees, seventeen minutes, eight seconds East, a
distance of fifty-one and ninety-two hundredths feet (5192 )to a point; thence by other land now
or late of Max A. and Doris E. Fahnestock, passing through an existing iron pin on the bank of
said creek at a distance of thirty and forty-six hundredth feet (30.46') South fifty-four degrees,
four minutes, twenty-nine seconds West, a distance of fifty-two and eighteen hundredths feet
(52.18') to an existing iron pin; thence by land now or late of Theodore S. Fahnestock, Max A.
Fahnestock, and Doris E. Fahnestock the following three (3) courses; 1) North forty-three
degrees, forty-nine minutes, forty-five seconds West, a distance of forty-seven and eighteen
hundredths feet (47.18') to an existing iron pipe; 2) South fifty-three degrees, twenty-three
minutes, twelve seconds West, a distance of one hundred thirty and twenty hundredths feet
(130.20') to an existing iron pipe; 3) South forty-three degrees, forty-eight minutes, twenty-three
seconds West, a distance of sixty-three and seventeen hundredths feet (63.17') to an iron pin set;
thence by the eastern right-of-way line of South Baltimore Avenue North forty-seven degrees,
nine minutes, thirty-three seconds West, a distance of seventy-one and sixty-nine hundredths feet
(71,69') to a Mag Nail set, the place of BEGINNING. Said tract containing 23,858.25 square feet
or .5477 acres.
BEING the same parcel that Dorothee K. Debolt, Administrator of the Estate of Maude S.
Fahnestock, conveyed unto Max A. Fahnestock as recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Record Book 174, Page 984.
Property ID: 23-32-2336-284
17 S. Baltimore Avenue
Mount Holly Springs,PA 17065
0063481-
IN THE COURT OF COMMON PLEAS OF `' h
-
CUMBERLAND COUNTY, PENNSYLVANIA it
T�, ;
MAX A. FAHNESTOCK, an adult: in ,
individual NO. 12-7651 CIVIL TERM 1--
c c ? ir3
Plaintiff : -
r,-) c P
•
CIVIL ACTION - LAW
co
vs.
The heirs, successors, administrators, .
and assigns of
CHARLES W. SHEAFFER, deceased, .
Defendants : ACTION TO QUIET TITLE
PRAECIPE FOR ENTRY OF FINAL JUDGMENT
TO THE PROTHONOTARY:
Please enter Final Judgment against Defendants and in favor of the Plaintiff in the above case
pursuant to the May 14,2013 Order of the Honorable Christylee L.Peck,a copy of which is attached
hereto, for failure of the Defendants to enter an Answer or Defense or to take any action pursuant to
the above-mentioned Order.
Date: July 1 2013 - r I�
Pet T. Ruth, Esquire
I.D. No. 313602
Susquehanna Commerce Center East
221 W. Philadelphia St., Suite 600
York, PA 17401-2994
Phone: (717) 846-9800 460. )(4 ct `k
Fax: (717) 843-6134 tg0i7)
cok NOW, July J , 2013, JUDGMENT IS ENTERED • A BOVE.
l ,L�Ii ��, r eel Cop ell
Ae f dF . i L l
Prothonota• I Cle , Civil Division
By:
Deputy
0084827-
...mGaMkAnn...+"'a.•wA l t ."'- �•, -.-:. r ,e.... ., ,. a w. -.xw a ,.sa au- a.ry .«nrx c. e.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
C) ry -
MAX A. FAHNESTOCK, an adult -ate `'' -r—
individual, • �'` '"
Plaintiff NO. 12-7651 CIVIL TERM (p c
vs. CIVIL ACTION—LAW v c7. `=' -'
•
The heirs, successors, administrators,
and assigns of r�
CHARLES W. SHEAFFER,deceased, .
Defendants ACTION TO QUIET TITLE
ORDER
AND NOW, TO WIT, this /1 day of few , 2013, an Affidavit
of Service of the Complaint with Notice to Plead having been gled, and no answer having been
made by or on behalf of any of the Defendants, this Court, upon Motion of Peter T. Ruth,
Esquire, attorney for the Plaintiff, hereby ORDERS AND DECREES:
•
If no action is taken by the Defendants, the heirs, administrators and assigns of Charles W.
Sheaffer, including Cathy Anita Weigle, within thirty (30) days of the date of this Order,the
Prothonotary, on Praecipe of the Plaintiff, shall enter final judgment and order that:
A. The Defendants, the heirs, successors, administrators, and assigns of Charles W.
Sheaffer, including Cathy Anita Weigle, are forever barred from asserting any right, lien, title, or
interest in the real estate identified as 17 South Baltimore Avenue, Mount Holly Springs
Borough, Cumberland County, Pennsylvania, as more fully described in Exhibit "A", attached
hereto and incorporated herein by reference.
B. The Plaintiff, his heirs, successors, administrators, and assigns are declared the
sole owners, in law and in equity,of the property subject to this suit and as more fully described
in Exhibit"A", attached hereto and incorporated herein by reference.
C. The Recorder of Deeds shall record a copy of this Order entered pursuant hereto.
BY THE COURT:
•
f / a f i
J.
0063998-
EXHIBIT "A"
ALL THAT CERTAIN lot, parcel, or tract of land located in the Borough of Mount Holly
Springs, County of Cumberland, Commonwealth of Pennsylvania, as surveyed by Hartman and
Associations, Inc. by plan last revised February 16, 2009, more particularly bounded and
described as follows:
BEGINNING at a Mag Nail set on the eastern right-of-way line of South Baltimore
Avenue (S.R. 0034) at the line of land now or late of Dennis B. Gotthart (a.k.a. Gotthard), said
point being located South forty-seven degrees, nine minutes thirty-three seconds East, two
hundred eighteen and fifty hundredth feet (218.50') from the southern right-of-way line of East
Pine Street; thence from said point of Beginning, by land now or late of Dennis B. Gotthart
(a.k.a. Gotthard) North forty-three degrees, twenty minutes, twenty-seven seconds East, a
distance of two hundred sixty feet (260.00'), passing through an iron pin set thirty-three feet
(33.00') from the terminus of said line, to a point at or near the center of Mountain Creek; thence
along and through said creek the following two (2) courses: 1) South thirty-eight degrees, thirty-
four minutes, fifty-six seconds East, a distance of one hundred one and six hundredths feet
(101.06') to a point; 2) South forty-one degrees, seventeen minutes, eight seconds East, a
distance of fifty-one and ninety-two hundredths feet(51.92')to a point; thence by other land now
or late of Max A. and Doris E. Fahnestock, passing through an existing iron pin on the bank of
said creek at a distance of thirty and forty-six hundredth feet (30.46') South fifty-four degrees,
four minutes, twenty-nine seconds West, a distance of fifty-two and eighteen hundredths feet
(52.18') to an existing iron pin; thence by land now or late of Theodore S. Fahnestock, Max A.
Fahnestock, and Doris E. Fahnestock the following three (3) courses; 1) North forty-three
degrees, forty-nine minutes, forty-five seconds West, a distance of forty-seven and eighteen
hundredths feet (47.18') to an existing iron pipe; 2) South fifty-three degrees, twenty-three
minutes, twelve seconds West, a distance of one hundred thirty and twenty hundredths feet
(130.20') to an existing iron pipe; 3) South forty-three degrees, forty-eight minutes, twenty-three
seconds West, a distance of sixty-three and seventeen hundredths feet (63.17') to an iron pin set;
thence by the eastern right-of-way line of South Baltimore Avenue North forty-seven degrees,
nine minutes, thirty-three seconds West, a distance of seventy-one and sixty-nine hundredths feet
(71.69')to a Mag Nail set,the place of BEGINNING. Said tract containing 23,858.25 square feet
or .5477 acres.
BEING the same parcel that Dorothee K. Debolt, Administrator of the Estate of Maude S.
Fahnestock, conveyed unto Max A. Fahnestock as recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Record Book 174, Page 984.
Property ID: 23-32-2336-284
17 S. Baltimore Avenue
Mount Holly Springs, PA 17065
0063481-