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Home My WebLink About13-1129 JOHN R. WEIR AND JOY L. WEIR, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW -Va ZZ The heirs, successors,personal representatives NO. 13-1129 CIVIL TERM mca and assigns of GEORGE AUSTIN KITNER, deceased, and NELLIE M. DILLER, her heirs,: CD ---i successors,personal representatives and QUIET TITLE ACTION C_- assigns, Ze =CD Defendants Prior Judge: Christylee L. Peck 5;<-- PETITION TO ENTER JUDGMENT TO QUIET TITLE AND NOW, comes Petitioners, John R. Weir and Joy L. Weir, by and through their counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., and Petitions the Court as follows: 1. A Complaint was filed in the above captioned matter by the Plaintiffs on February 28, 2013, requesting the entry of an Order determining the Plaintiffs as owners of a certain tract of real estate, which property is more fully described on Exhibit "A", which is attached hereto and incorporate herein by reference. 2. Contemporaneously with the filing of the Complaint, a Motion for Service by Publication was filed resulting in the entry of an Order dated March 6, 2013 authorizing service by publication. 3. Service by publication was made pursuant to the Order of March 6, 2013, with the required publication appearing in the Cumberland Law Journal on March 22, 2013 and in the Sentinel on March 16, 2013; Proofs of Publication having been filed of record herein. 4. The service by publication gave the named Defendants twenty(20) days to respond to the action. 5. Petitioners have delayed filing the within Petition to give the named Defendants additional time to respond, such that more than sixty (60) days have passed since service by publication. 6. No Answer of any nature has been filed of record, Petitioners have not been contacted by the Defendants nor any representatives of the Defendants, and Petitioners' counsel has not been contacted by the Defendants nor any representatives of the Defendants. WHEREFORE, Petitioners request your Honorable Court to enter an Order granting the relief requested and thereby providing ownership of the tract described in Exhibit "A" attached hereto in your Plaintiffs, and, further, enter a Decree Awarding Real Estate for recording purposes in the form attached. Respectfully submitted, riffle, Esquire 6mey or Petitioner Supreme Court ID No. 34349 200 North Hanover Street Carlisle,PA 17013 (717) 243-5551 (800)347-5552 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. DATE: 5- 11-15 John R. Weir 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 unworn falsification to authorities. DATE: Joy L. eir ALL THAT CERTAIN tract or parcel of ground situate in the'Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the North side of Kerrs Avenue at comers common with lands of John R. and Joy L. Weir; thence North 68 degrees 30 minutes East a distance of 60 feet to a point along lands now or formerly of the Pennsylvania Railroad Company; thence North 50 degrees 30 minutes West a distance of 8.85 feet to an iron pipe; then along lands now or formerly of Jerome C. Kaye South 68 degrees 34 minutes West a distance of 56.5 feet to a point on the North side of Kerrs Avenue; thence along Kerrs Avenue South 21 degrees 30 minutes East a distance of 8.7 feet to a point, being the place of BEGINNING. CONTAINING 511 square feet,more or less. BEING a portion of a larger tract granted and conveyed by John M. Kerr, et. ux., by deed dated April 2, 1935 and recorded in the Recorder of Deeds office in and for Cumberland County,Pennsylvania in Deed Book 11,,Volume"N,"Page 203 unto G. A. Kitner. Exhibit"A" JOHN R. WEIR AND JOY L: WEIR, IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNT, PENNSYLVANIA VS. CIVIL ACTION - LAW The heirs, successors,personal representatives : NO. 13-1129 CIVIL TERM - and assigns of GEORGE AUSTIN KITNER, MM deceased, and NELLIE M. DILLER, her heirs,: rn successors,personal representatives and QUIET TITLE ACTION cnrr-- assigns, -`� ° Defendants Prior Judge: Christylee L. Peck r DECREE AWARDING REAL ESTATE AND NOW, this day of , 2013, following the filing of a Complaint, service of the Complaint by publication as authorized by Order of this Court dated March 6, 2013, and it appearing that no response has been filed of record or otherwise, IT IS HEREBY ORDERED AND DECREED that the following real estate is and shall be the fee simple property of John R. Weir and Joy L. Weir,husband and wife, and any and all claims of the heirs, successors, personal representatives and assigns of George Austin Kitner, deceased, and any and all claims the heirs, successors, personal representatives and assigns of Nellie M. Diller, are extinguished for all purposes and they are forever barred from asserting any right, lien, title or interest in the property inconsistent with the interest of the Plaintiffs. Said property is described as follows: ALL THAT CERTAIN tract or parcel of ground situate in the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the North side of Kerrs Avenue at corners common with lands of John R. and Joy L. Weir; thence North 68 degrees 30 minutes East a distance of 60 feet to a point along lands now or formerly of the Pennsylvania Railroad Company; thence North 50 degrees 30 minutes West a distance of 8.85 feet to an iron pipe; then along lands now or formerly of Jerome C. Kaye South 68 degrees 34 minutes West a distance of 56.5 feet to a point on the North side of Kerrs Avenue; thence along Kerrs Avenue South 21 degrees 30 minutes East a distance of 8.7 feet to a point,being the place of BEGINNING. CONTAINING 511 square feet, more or less. BEING a portion of a larger tract granted and conveyed by John M. Kerr, et. ux., by deed dated April 2, 1935 and recorded in the Recorder of Deeds office in and for Cumberland County, Pennsylvania in Deed Book 11, Volume "N," Page 203 unto G. A. Kitner. BY THE COURT, Christylte L. Peck, Judge I do hereby certify that the precise residence and complete post office address of the within named grantees is 7 Kerrs Avenue, Carlisle, PA, 17013 Attorney for John R. and Joy L. Weir ��3. 94.1 JOHN R. WEIR AND JOY L. WEIR, IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -- LAW The heirs, successors,personal representatives : NO. 13-1129 CIVIL TERM and assigns of GEORGE AUSTIN KITNER, : deceased, and NELLIE M. DILLER, her heirs,: successors,personal representatives and QUIET TITLE ACTION assigns, Defendants Prior Judge: Christylee L. Peck ORDER OF COURT AND NOW, this )-A day of � 2013, upon presentation and consideration of the within Petition, Default Judgment is entered on the within Quiet Title Action. Contemporaneously with the entry of this Order, the Court will enter a Decree awarding real estate for recording purposes to provide for the titling of the property at issue herein into the names of the Plaintiffs. BY THE COURT, Christylee,L". Peck, Judge ✓ Cc: Bradley L. Griffie, Esquire Attorney for Plaintiffs Co