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Home My WebLink About04-5708 HARRY H. FOX, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. ()l/-Md ~(>J~'( ACTION TO QUIET TITLE 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. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SCHRACK & LINSENBACH LA W OFFICES IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TBA T MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. , . NOTICIA Le Ran demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo at partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SCHRACK & LINSENBACH LAW OFFICES HARRY H. FOX, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBERLANDCOUN1Y,PENNSYLV ANIA v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. O~ 5?of (;;;J I~ ACTION TO QUIET TITLE COMPLAINT AND NOW, this ;J S day of Ot /10 W 2004, comes the Plaintiff, by his attorneys, SCHRACK & LINSENBACH, and files this Complaint and avers the following: 1. The Plaintiff is Harry H. Fox, Jr., an adult individual having his address as 17 Montego Court, Dillsburg, Pennsylvania 17019, 2. Defendant is Lewis Heiges and the unknown Heirs and Assigns of Lewis Heiges, whose whereabouts are unknown. 3, Plaintiff is in possession of a parcel or real property located in Monroe Township, Cumberland County, Pennsylvania and a Tax Map No, of22-12-03 50-073, consisting of approximately twenty-eight (28) acres, 4. The Plaintiff became owner and possessor of the aforesaid premises, by an heir's deed from R, Nelson Kost and 1. Michael Kost, ("Kosts") dated the 23th day of August, 2004 and recorded in the SCHRACK & LlNSENBACH LA w OFFl('ES Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania, at Book 265 at Page 531, a copy of which is attached as Exhibit II A" , 5. The Kosts are the great-grandsons of Lewis Heiges and the only known surviving heirs, 6. There is no record of conveyance out of Lewis Heiges for the subject premises, that being the real property as tax parcel number 22-12-0350-073, in the Recorder of Deeds office in and for Cumberland County, Pennsylvania, 7, Plaintiff's predecessors In title, the Kosts, have provided a statement of adverse possession, the original of which is attached as Exhibit "B", 8, The Plaintiff and Plaintiff's predecessors in title, the Kosts, have been in actual, continuous, visible and notorious, distinct and exclusive and hostile possession of the subject premises, that being the real property before mentioned herein and have been in possession for at least twenty-one (21) years and thereby have become owners by adverse possession. 9, Plaintiff's predecessors in interest, the Kosts, further claim the property was trans- ferred to them as lineal heirs. This transfer was accomplished by each generation physically handing the original deed into Lewis Heiges ("Lewis Heiges deed") to each successor receipt of the Lewis Heiges deed by the Kosts. 10. The Kosts possess the Lewis Heiges deed and have transferred it to Plaintiff, The original deed is attached as Exhibit "C", 11, The Kosts have paid the inheritance tax on the property as well as all property taxes in excess of twenty-five (25) years. A Release of Lien from the Department of Revenue for the inheritance tax is attached as Exhibit "D". 12. As a result of the foregoing, Plaintiff has become owner of said real property by deed of SCHRACK & LINSENBACH LAW OFFICES conveyance as well as adverse possession by himself and his predecessors in title for at least twenty-one (21) years, said adverse possession having been continuous, visible, and notorious, distinct and exclusive and hostile possession of the real property for a period of at least twenty-one (21) years, 13. The Plaintiff desires and needs to have his ownership of said property as set forth herein- above, confirmed, and his title to same quieted in order to obtain food and marketable title to same, WHEREFORE, the Plaintiff prays your Honorable Court to enter a decree terminating all rights in which the Defendant, his heirs or assigns may have or have had, and further decree that the Defendant, his heirs and assigns be perpetually enjoined from setting up any title from said premises, for impeaching, denying or in any way attacking the Plaintiff's title to said property, from issuing or maintaining an ejection action for said premises, and/or from encumbering, mortgaging or conveyance of same or any part thereof Furthermore, the Plaintiff prays your Honorable Court to declare that title to said premises shall be quieted and confirmed that the title to said premises is in the Plaintiff and the Plaintiff's name alone, and further that the Plaintiff be allowed to enjoy said property without interference from Defendant, his heirs or assigns or any other persons, Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES Date \ () \ &\ \ 6{ By: trJ-----/ ---' BRIAN c. LINSENBACH, ESQ. (87360) Attorney for Plaintiff 124 West Harrisburg Street P. 0, Box 310 Dillsburg, P A 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SCHRACK & LINSENBACH LA W OFFICES SCHRACK & LINSENBACH LAW OFFICES HARRY H. FOX, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, NO. Defendants ACTION TO QUIET TITLE VERIFICATION I verify that the statements made in this Complaint 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. Dated: 1%// of ! ,.../ ~. -/~{~ ,A,. fur A ' Harry H. Fox, Jr. . 75ft, 't 'i~ ~~ . ROBERT ,D "7 RECORDER' dEGLE-rt... CUMBERLA OF DEEDS NO COU 200? SEP NTy - p ~ 7 fil? 10 07, TAX PARCEL NO.;J. -/J. -A3t:;(J-fil3 DEED ~ . THIS DEED made this 2. 3 ~ay of "'Lff'uJ:- , 2004, by and between R. NELSON KOST and DORIS J. i-!!S!.~ husband and wid, presently of 4204 Cantoria Avenue, Sebring, Florida 33872, and I. MICHAEL KOST, widower, presently of2868 Palo Verde, Avon Park, Florida 33825, the known heirs of Lewis Heiges, who died on September 24, 1925, parties of the first part hereinafter called Grantors, -AND- HARRY H. FOX, JR., presently of the Township of Carroll, County of York, and Commonwealth of Pennsylvania, party of the second part, hereinafter called Grantee. WITNESSETH, that in consideration of FIFTY SIX THOUSAND DOLLARS ($56,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantee, his heirs and assigns, ALL THA T CERTAIN TRACT of woodland, situate in Monroe Township, Cumberland County, Pennsylvania, being more particularly bounded and described, as follows, to wit: BEGINNING at stones on line oflands now or formerly of Henry Bowman heirs; thence along said land and land now or formerly of G, B. Strock, North sixty- eight and three-fourths (68%) degrees East, for a distance of one hundred and sixty- six (166) perches to stone; thence South twenty-seven and one-fourth (271;4) degrees East, twenty-seven and five-tenth (27.5) perches to stone; thence South sixty-eight and three-fourths (68%) degrees West, one hundred and sixty-four (164) perches to stone; thence North twenty-nine and one-half(29Ih) degrees West, twenty-nine (29) perches to stones at the place of BEGINNING, CONTAINING twenty-eight (28) acres and one hundred and eight (108) perches. ,CHRACK& LINSENBACH LAW OFFICES IT BEING THE SAME PREMISES which Annie L. Stambaugh, by deed dated March 12, 1906, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in 6X, at page 132, granted and conveyed unto Lewis Heiges, who died on September 24, 1925, Letters of Administration were granted to Ira Heiges on September 30, 1925, in the Office of the Register of Wills of Cumberland County, Pennsylvania. Ira Heiges retained possession of the said premises and the original deed until his death in May 1942, Letters Testamentary Bo6.~ 265 PACE 531 ., . were granted to Adams Heiges on May 12, 1942, and recorded in the Office of the Register of Wills of Cumberland County, Pennsylvania, in Book 42 at page 294. Adam Heiges subsequently gave possession of the property and the deed to Dorothy Heiges to satisfy her share of the Ira Heiges estate, The said Dorothy Heiges married Rae Nelson Kost. The said Dorothy Heiges died December 28, 1954, leaving surviving her husband, Rae Nelson Kost, and her two sons, R. Nelson Kost and I. Michael Kost. The said Rae Nelson remarried Dorothy Heiges' sister, Beatrice Heiges. The said Rae Nelson Kost died in 1983, and Beatrice Heiges died in 1992, leaving surviving her two stepsons, the grantors herein, AND ALSO BEING the lands which the Grantors, and their predecessors in interest, have asserted ownership by adverse possession, and which possession has not been challenged by any other individual whatsoever in excess of the statutory period of twenty-one (21) years. SCHRACK& LINSENBACH LAW OFfICES '-1 1.;: l-') ;i:t (-:;, :.:..... t=i 3: i.-:J !:::,1 i:::::! !::::' C) ::.,......:...,.. f"T1 c::.. ,..,.., 1':;:'.1 c= ,..." r"', r., .,. l't. fD ('"J c-:. fT' ::z = rrt r" r., QJ ..-. ,"'.. t-oof. t.=.1:r" ~ t::.' t::::t t::::t ....... -<-" ...- :x c.n 0 m ;:p,;;,;o.~". I ""'22 I . ;;0 3.: ;J:i 1 I'D -. ~ -0 c:::. -... =:2>. --of :Po- .::0 .ac: ,.... =0=<.: .......r.::::r=--I;::r,;I rD<:>O<::I'T1:I>:x:::e:::I:::I--I....... 1-" "..0 -..0 :::a::: ::a:: II x --f ~ ".:JO"-i~;-t ~:5~ Q.. -yt -., ......., ..... r- :1> . r.=. ""'Qr--.f . = .." ,..., /'T1 . e:t ::.:-::: -< : '=' ;:1;,1 I-l .... ::;l a Ul UJ .-r -. ... ;:0::- .... Ul r'~ 0 <:> .." = "",.. ~~ .6 ::.0 c,'... :i:> 0-. ("') ..c- "'" ...... 0". - .- .~ oJ:A- "*" ud'3s =1 I-'- I-'- 8H:J ~ ...... CO.:::.CCI,;....,,....:J<>~~<:;)tt.;:. - ~.,OUtoooUtOOOu,t..., ==0000=00=== '..0 <3 ....... ...... r'.,) <::> ~ ....... o .. ,..- -3 .. - 0". ""'" rp I'''' rD .....' ::z.. - ~ 5 ...... It. ..... - UJ :::I c... +-II.. =:I Q l"n c ~i" :::t -. rl- S "< ~;;Q ;;;;; fD -t" .-, o -,... -. ;,..:. u.. -.'" ..... ..... ::::0 I.U 0 -+. '=' rD ro CL aoox 265 PAGE 532 ~., ...... "'" 0". = 0:0 '\, , AND the said Grantors, for themselves and their heirs, executors and administrators, do, by these presents, covenant, grant and agree to and with the said Grantee, his heirs and assigns, that they, the said Grantors, and their heirs, all and singular the premises herein described and granted, or mentioned and intended so to be, unto the said Grantee, his heirs and assigns, against them, the said Grantors, and their heirs, and against all and every other person and persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, it, or any of them, shall and will SPECIALLY WARRANT the property hereby conveyed, IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written, WITNESS: J?~Ut R. NELSON KOST ~tJ. ~~ DORIS J. ~ST '14f'~tL.J) ~' ~ MICHAEL KOST aA~ ell ..3 ~CHRA_CK& LINSENBACH - -- LAW OFFICES ~60K 265 P~Cf 533 .~. . S-/a,!e- OF ?etutsY/V{)1l)~ COUNTYOF yorl< On this, the 24!ti day of .) tl.{nuC , 2004, before me, a Notary Public, the undersigned officer, personally appeared ~ELSON KOST and DORIS J. KOST, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained, SS. IN WITNESS WHEREOF, I have hereunto my hand and Notarial Seal. N':t. PUBLIC Not8tIaI Saaf JMet S. Gore, ~ PtUo DIIsburg Boro, YO/1( Coo'lly My Commission Expires Oct. 25, 2006 Member. Pennsylvania Association O! Nctaiias k o~Jt/{/Jl/ COUNTY OF On this, the 13;1 J day of .kffZtd- , 2004, before me, a Notary Public, the undersigned officer/personally appeared I.1<IICHAEL KOST, widower, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained, SS, IN =:SS WHEREOF, I have herC&ese y hand and]O arial Seal. .lINt S. Gale, NmaIy PWIIc k- ,..1 / 0IIsburg Boro. York Cou1ly 'u;l t4 0:lmmissiaA Explnas ~ 2S, 2006 / \.. Member. Per1ns)+IriI AtsoliaIian Of I'l:llarlal jR Y P lcHRACK & LINSENBACH - LAW OFFlCES HEREBY CERTIFY that the precise address of the Grantee herein is: /7 Nenle 0 CtJurj- ~-:;;;- NTEE _____ aoOK 265 rACE 534 STATEMENT OF ADVERSE POSSESSION We, R. Nelson Kost and 1. Michael Kost, brothers,and heirs of Lewis Heiges, do hereby and affirm and declare that we have acquired title in fee, by twenty-one years' adverse possession, to the following described land, situated in the Township of Monroe, in the County of Cumberland, and Commonwealth of Pennsylvania: THAT CERTAIN TRACT OF WOODLAND situated in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at stones on line of lands now or formerly of Henry Bowman heirs; thence along said land and land now or formerly ofG, B. Strock North sixty-eight and three-fourths (683/4) degrees East one hundred and sixty-six (166) perches to stone; thence South twenty-seven and one-fourth (27 1/4) degrees East, twenty-seven and five-tenth (275/10) perches to stone; thence South sixty-eight and three-fourths (68 3/4) degrees West, one hundred and sixty-four (164) perches to stone; thence North twenty-nine and one-half(29 Y:z) degrees West, twenty-nine (29) perches to stones at the place of beginning, CONT AINING twenty-eight acres and one hundred and eight perches. Adverse entry was made upon said lands by us in excess of 21 years, Moreover, our predecessors in interest adversely possessed said lands prior to May of 1942, We have paid the property taxes in excess of25 years, We have been listed on the tax assessment records evidencing our ownership. We have maintained the property and posted it from trespassers in excess of the statutory period. We have held ourselves out as the sole owners of the property, Prior to our possession, our mother, Susan D. Kost (formerly Susan D. Heiges, a/k/a Dorothy Heiges), and our father, Rae Kost, paid the taxes, maintained the property, cut off the trees and held themselves out as the sole owners, As such, we claim adversely to any other persons or any other heirs of Lewis Heiges, Furthermore, we possess the original Deed, which is additional evidence of our ownership and possession of the property, Ownership of the land was transferred from family member to family member by physically handing over the deed. Our great-grandfather, Lewis Heiges, the record owner of the property, prior to his death, physically gave the deed to our grandfather, Ira Heiges. Then, Ira Heiges, prior to his death, transferred ownership by giving the deed to his daughter, our mother, Susan D, Heiges (Kost). After our mother's death, our father transferred ownership of the property by physically handing us the deed. We have been in possession of the deed in excess of25 years, f!?J;;:p,;;:-rns R. Nelson Kost '. Sfo.,~ OF 7W19{ I VMi Ov COUNTY OF yorK: SS. On this, the 21j11- day of J.iUhA'-df , 2004, before me, a Notary Public, the undersigned officer, personally appeared g7N'EL'SON KOST, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto Notarial Seal Janet S. Gore, Nolaly PubIlc Dillsburg Boro, York Comty My 0lmmIssI0n Expires Oct. 25, 2006 ~ber. Pennsy\vanIa Association Of Notaries OF -;t~1u/~ "---11 n / J : SS. COUNTY OF J f1..Al ~' : On this, the 23J.d.. day of ~jf llt(Ji--..l: ,2004, before me, a Notary Public, the undersigned officer, personally appeared I.--MICHAEL KOST, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained, ./ll , IN WITNESS WHEREOF, I have hereunto slA;tarial Seal. .-s.~,=,,,,,,, kot)P D1IsburgBoro. YorkCou1ly ~ CommIssion Expinls Oct. 25, 2006 Member. PemsyMna AssodalIon Of~ Fee Simple Deed, Wm, S" Tunis Stationer, 6 No,.th Third Street, Harrisbure, Pa. Bergne' Building" , Ubia 2JIAIFE THE ~ti.L/ year 0.1 our Lord nineteen hundred alld Six, ln~enture, day of March in the :ft3etween-Annie L. Sta.mbau~h. of the Borough of Mechanicsburg, Cum- berland County. state of Pennsylvania, of the First Part, and Lewis ReiRes, of the same place. -- of the second part: 'Wlitneaaetb, That the said party-of the first part, for and in consid- eration of the sum oj:- Three Hundred ($300.), Dollars, lawful money of the United States of America, well and truly paid by the said part y- of the second part to the said part y- of the first part, at and before the sealin,q and delivery oj these presents, the receipt whereof is hereby acknowledged,-hss granted, bar- gained, sold, aliened, enjeoifed, released, conveyed and confirmed, and by these presents do es- grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said party of the second part his heirs and assi.qns, - -- -~ ----------- ----" - - -- ------- !ill THA~ CERTAIN TRACT OF WOODLAND situated in Monroe Township, Cumberland County, Pennsylvania, bOUllded and described as follows, to wit: BEGINNING at stones on line of lands of Henry Bowman heirs, thence along said land and land of G. B. Strock North sixty-eight and three-fourth degrees East one hundred and sixty-six ~erches to stone; thence South twenty-seven and one-fourth degrees East, twen- ty-seven and five-tenth perches to stone; thence South sixty-eight and three-fourth degrees West, one htUldred and sixty-four perches to stone; thence North twenty-nine and one-half degrees West, twen- ty-nine perches to stones at the place of beginning. Containing lit ~WENTY EIGR~e ACHl':S AND 0IlE iilJIITJItEDu.aN::Dl;;iGiiT .?E.~CH.E5. Ii. -b-ei:ug"th-e---------- same tract of land designated as NO. TWO, which was conveyed by the Clerk of the Orphans' Court of Cumberland County, by deed dated November 22nd,1899, and recorded in the Recorder's Office in and for said Cumberland C01mty in Deed Book "Z",Vol.5, page 432, to Annie L. stambaugh, the present grantor, as by reference to said deed will more fully and at large appear. EXHIBIT I c \togetber with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; Bn~ also, all the estate, right, title, interest, prop- erty, claim and demand whatsoever, both in law and equity, of the said part y- of the first part, of, in, to or out of the said premises, and every part and parcel thereof ~o bal'e an~ to bol~ the said premises, with all and singular the appurtenances, unto the said party-of the second part, his heirs and assiqns, to and for - ----~- ------ -- the only proper use and behoof of the said part y - of the second part,- his heirs and assigns forever, Bn~ the said-Annie L. Stambaugh 9 the said party 0 f the fi rst part, for herself9 her heirs, executors and administrators, do es- by these presents, with the said party-of the second part, his the said-- Annie L. Stumbaugh9 her covenant, grant and agree to and heirs and assigns, that - she- heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned, and intended so to be, with the appurtenance~, unto the said part y- of the second _c.:'...f'"_'l"+_ _ "".: _~. -- l'-'U"V,- ...-- :-?v::.i,'o lNllIt:l -aaoig'n;;, ";;"9a'i;-~.Jt-thf;-atNid Fa,t-..t;,,~~ vf t-,\r.; fi'r~i jJCN.,t and - l1er- heirs, and against all and every other person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will by these presents WARRANT AND FOREVER DEFEND. 11 n witness wbereof, the said part Y - of the first part ha e - hereunto set - her- hand- and seal- the day and year first above writte~./ ~ /' 4 ,", Signed sealed and delivered \c:.~i/U"1.AL)mr.:Lm~Cl:.k:_:.c;~a:t,.,f..,4?:...L"h""''''''' ~ , J \-~,/ in the presence of us: ,'mm. ..m m. .. ,.. mm ml. .m'.m'''m..'''... ...., . ,.................-.....".... m. m. m. mm mm.' m m... "'" ., ""."""'...m.......'......."..,..,.............,,..... m....._ -rJld~X~ / . , ) lRecefl'ec, thp, day of thp, date of the within or foregoing Indenture: of the said part y- of the second pm't, the sum of Three Hundred Dollars, being the consideration within mentioned in full. 'Wlttness dk1:~LJdLfi;c;",jt-fL___ j ",./....."..'m.......'...,......". I \, t:, ".t:".:" a0'20nWealtb of PennS12lvanta, } _'...n....,.n,um.._ '~~m Uh County, SS. in !e~~~kbe~,ztheOjfi;:Z.for~=di~O~a~ee~t;:_d for the C<>unty of~~' lrolitness 111Y hand and seal of office, this'h"h~':?.'h'n..nh.'''.....n'. ...... h 'hday oj ~"h"'''hhUmhU U "UU,uhmuh,l21~'h""""hhm...Anno Dom~ni 190 (p /( /J~ ~ ~ , ~ ("J 0 I't1 ~ g u ,'" Io:::j ~ -I 0 S'I ::l " <'l ;; ill) ;c+ c ;::: '!~ ::l ~ ~ -:; " @ ,~ ,Cb "l .... C IJ.> \1-3 ~ ~ a- il .... I-' = ~ ..., ....... I " ~ ~ ~ ,('lI ..... ;~ ~ ~ ~ ~ ,~ ~ "l .t:I t:I :(1' ij , . ~ ~ po :0 H " .... " ..., ~ ie:+> ..., t:9 ;-. ~ c ~'~ ~ . "- :::s 0 0 io 0 H 0 t:3 t:s' rn H ~ :z ,~f - 'S 't-i fH:. . P ~ 0 ~ t~ "t ~ " t>l i~ 3'" ;;c 'ct ill) , t-':l [I) ~ :~ ' . 0 ~ '0 H 1-3 .. ~ ~ " 0 !1-3 i \t "-,~ Q \. . 0 ~ I~ ..., ~ Cl.. . :0 po .. ~ . ~ 0 iJ-d [~ I-' ..., rn f'Y o . :~ ... '" <:> 'P' g ~ ~ '----v-.J . . i' ,ro 0 "!j ..., [P" P- O' ~ '" '" ,~. . '" .?< J' ~ ... ... ro .. :~. iO !ct IS 'F=l it , I /' '0161 'A'ilm U! .{BPUO~4 UJIJ si1J!dx3' IJO!SS!UW.lil3 AN '3~Y3d lH.L lO ];)IJ.Sl\r etllf/~ ~l~ lva8 t~"P:)'tJ.Jou upu'01.[ nUl 8SfJU7M1 ''1pn8 8'0 pfJp.J,oafJ.J, 'Jq l1.[fj'!W, 'JW,'08 'd1.[J pfJ.J,!S'Jp PU1J 'p'J'Jp PU1J 7J'O~.Iaq';':;;;';';';:'fJq 07 'J.J,nJufJpuI 'Jao/{rT 'J1.[J p'JbjrJlmoU'Jp'O='S.rn.p=pu'O e;'9!&,S 'l?"{:ttef .i61. n-guamtttm'aO'9aa: matt~m JO -. rt:S - puv p'J.tpun1.[ ttJJ1JU!U .Ivan 'J1/l U'r'" u4uqSn'9qtll'Q~S -'1 9lttU.'V' -p'Juwu-'Jaoqv 'J'1{} 'JUlva ..... ...... ........... . . l!i- un <fO. -{)TIfl" maot~snrm..;g:;;;:.J,Jq!.lJ8qn8 all} 'aUt J.wpq um mttb~9N~Io fivP7J~ lU'J1.[J uo IillVU08.liHI ( 'IiJunorl "88' u l {)lI"'t X aqamo - 'llJUll4\laSUUJ\J) J.O JlUl$ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW ESTATE OF LEWIS HEIGES, DECEASED: FILE NO.: 2142-1041 ESTATE OF IRA HEIGES, DECEASED ESTATE OF SUSAN HEIGES, DECEASED: RELEASE FOR VALUE RECEIVED, the property hereinafter described is hereby released from the lien, payment, operation and collectibility of any and all succession, estate, or inheritance taxes, including direct, transfer and collateral inheritance taxes, now due or that may hereafter become due the Commonwealth of Pennsylvania from the Estate of Lewis Heiges, deceased; the Estate of Ira Heiges, deceased; and the Estate of Susan Heiges, deceased. All of the decedents were residents of Cumberland County. ALL THAT CERTAIN TRACT OF WOODLAND situated in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at stones on line of lands of Henry Bowman heirs, thence along said land and land of and land of 'G. B Strock North sixty-eight and three-fourth degrees East one hundred and sixty-six perches to stone; thence South twenty-seven and one- fourth degrees East, twenty-seven and five-tenth perches to stone; thence South sixty-eight, and three-fourth degrees West; one hundred and sixty-four perches to stone; thence North twenty-nine and one-half degrees West, twenty-nine perches to stones at the place of beginning. Containing TWENTY EIGHT ACRES AND ONE HUNDRED AND EIGHT PERCHES. It being the same tract of land designated as NO. Two, which was conveyed by the Clerk of the Orphans' Court of Cumberland Count, by deed dated November 22nd, 1899, and recorded in the Recorder's Office in and for said Cumberland Count in Deed Book "2", Vol.5, page 432, to Annie L. Stambaugh, the present grantor, as be reference to said deed will more fully and at large appear. AND IT IS FURTHER AGREED that the Commonwealth will not look to the above described premises, or any part thereof, for payment of any part of the principal and interest owed by the above captioned estate, now or hereafter to become due, or in any way disturb, put to charge or damage, the present, or any future owner or owners, occupier or occupiers of the said above described premises or any part or portion thereof, for or by reason of the said judgment or any matter, cause or thing, thence accruing or to arise; provided that nothing herein contained shall affect any judgment or its legal validity so far as respects all other lands and tenements of the said estate which are not herein expressly released therefrom. This release of lien is given pursuant to the authority vested in the Secretary of Revenue by Sections 809, 810 and 811 of the Inheritance and Estate Tax Act of 1961, Act of June 15, 1961 (P.L. 373, No. 207) 72 P.S. ~ 2485-809-811); the Act of December 13, 1992 (P.L. 1086, No. 255) (72 Pa.C.S. ~ 1775); the Act of December 13, 1982, (P.L. 1086, No. 225) (72 Pa.C.S. ~ 1775) and the Act of August 4, 1991 (P.L. 97, No. 22) (72 P.S. s9175). 2 IN WITNESS WHEREOF, these presents have been duly executed this d 7 day of ~7~~Z- , 2004 COMMONWEALTH OF PENNSYLVANIA BY, ~~G~ Josep/.JG~ B-:een' Deputy Secretary for Taxation Department of Revenue Attest: ---;~ ...-/ //7 ~7 ,r; .~".~ 3 ACKN'OWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN day of C2~;-- , 2004, before me, a Notary Public in and for the county and state aforesaid, personally On this 31 appeared Honorable Joseph G. Breen, Deputy Secretary for Taxation, Department of Revenue, of the Commonwealth of Pennsylvania, known to me to be the person whose name is subscribed to the above release, and acknowledge that, being authorized to do so, he executed the foregoing release for the purpose therein contained by signing on behalf of the Commonwealth of Pennsylvania. WHEREOF, I have hereunto set my hand and official seal this d 7 day of ~"rF , 2004. Jose~n6~~ Deputy Secretary for Taxation Department of Revenue Sworn to me thi s 3/ day of y~ ' :;004. r/JJ~r~(llJdJJ Notary Public My Commission Expires: NOTARIAL SEAL CHRtS1INE A.. STAHl Notary PublIc cnv Of HARRlSBURG.DAUPHIN COUN1Y My Commission Expires Jon 28.2008 . .. l ",~',""'~""J""_ $ I ~ ,;, i- ~ ~ n 1'----' C" c::> 0 er, (.",;:)0 ....,;... -n ..~ .. .V? " _,I . H ~:~ reJ 5 ....~.:: fI? "" (....n "[1 (_) UJ 0 (, : (' ) to ~ '"T) .')" d t; - -U - . . " " f', ') ~ 1 "11 p-- - ..j .t:- " .,,: ..q \..1'. ~ ~ ~ ^ . ~ l~:\ -.......-... ,. ~:".::~.,_.....~'.._......l. ' .t, "", .i, j .:d " ~ d f '.'j I ........w~'Iot' i , I __ I .......-.... HARRY H. FOX, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. 04-5708 CIVIL ACTION TO QUIET TITLE ORDER FOR PUBLICATION AND NOW, TO WIT, this I-S ,1 day of --1J. '>> \Ie ~(, J ,2004, 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 Defendant, his heirs and assigns, if any, to plead to said Complaint within twenty (20) days from the date of the last appearance of the publication. BY /~;;~TR 011 -{I J. SCHRACK & LINSENBACH LAW OFFICES tef ~ r ~ t, ~ ~ f' f' ~ i. \fIN\fAl^SNN3d I Itdn 0'1 f"1' ...,.."ll ,.....,:j! Mf'\r'\ tun t ".j "...:'"i "t.;~:{_~ 11 h,J L ~ :2 ~ld CZ AON ~OOl N:N10NOH108d 3Hl:30 3:Jl:HQ-0318 - , HARRY H. FOX, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LEWIS HEIGES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants CIVIL ACTION - LAW NO. 04-5708 CIVIL ACTION TO QUIET TITLE NOTICE OF PUBLICA nON To: LEWIS HEIGES and HEIRS, EXECUTORS AN)) ASSIGNS OF LEWIS HEIGES. TAKE NOTICE that on the 15th day of November, 2004, HARRY H. FOX, JR., filed his Complaint against the above-named Defendants in an Action to Quiet Title docketed to No. 04-5708 CML, in the Court of Common Pleas of Cumberland County, Pennsylvania, with reference to a tract ofland in Monroe Township, Cumberland County, Pennsylvania, identified and known as follows: BEGINNING at stones on line of lands now or formerly of Henry Bowman heirs; thence along said land and land now or formerly ofG. B. Strock, North sixty-eight and three-fourths (68%) degrees East, for a distance of one hundred and sixty-six (166) perches to stone; thence South twenty- seven and one-fourth (2714) degrees East, twenty-seven and five-tenth (27".5) perches to stone; thence South sixty-eight and three-fourths (68%) degrees West, one hundred and sixty-four (164) perches to stone; thence North twenty-nine and one-half (29Y2) degrees West, twenty-nine (29) perches to stones at the place of BEGINNING. CONTAINING twenty-eight (28) acres and one hundred and eight (108) perches. SAID COMPLAINT requests the Court to decree that any and all rights of the Defendants in the herein above described premises are released and/or extinguished. Further, said Complaint requests the Court to declare that title to said premises shall be quieted and confirmed in the Plaintiffs and the Plaintiffs alone, and further that the Plaintiffs be allowed to enjoy said property without interference from the Defendants, their heirs and assigns, or any other persons. 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. SCHRACK & LlNSENBACH LA\.YOFFICES CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue 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. HARRY H. FOX, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. 04-5708 CIVIL ACTION TO QUIET TITLE MOTION FOR PUBLICATION AND NOW, TO WIT, this 'Z:J day of ;4-/ovc.._!:,u-- 2004, comes the Plaintiff, HARRY H. FOX, JR., by his attorney, Brian C. Linsenbach, Esquire, and files this Motion for Publication, The following of which is a statement: 1. This Action to Quiet Title was commenced by a Complaint filed in the Cumberland County Prothonotary's Office on November 15, 2004. A copy to that Complaint is attached hereto as Exhibit "A". 2. The title of the real estate which is the subject of this action is in the name of the Plaintiff, Harry H. Fox, Jr. 3. The Plaintiff acquired title to this property by an heir's deed from Nelson Kost and I. Michael Kost (the "Kosts"), by Deed dated August 23, 2004 and recorded in the Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania on September 7, 2004 in Book 265 at page 531. A copy of which is attached as Exhibit "B". 4. The Kosts are the only known surviving heirs of Lewis Heiges. 5. The Kosts possessed the original deed that was conveyed into Lewis Heiges and claimed that the Deed was handed down from generation to generation until it resulted in their possession. SCHRACK & LlNSENBACH LA w- OFFICES 6. The Kosts claim and have satisfactorily proven that they are surviving heirs of Lewis Heiges. 7. The Plaintiff has made a good-faith effort to determine the whereabouts of any other heirs of Lewis Heiges as set forth in an Affidavit attached hereto and marked as Exhibit Itclt and those efforts were unsuccessful. 8. The only way to serve this Action to Quiet Title is by publication. WHEREFORE, Plaintiffs respectfully request the Honorable Court to enter an Order permitting service of this Complaint in Action to Quiet Title by publication. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES X]'- ~~ BRIAN C. LINS BACH, ESQUIRE I. D. #87360 Attorney fi)r Plaintiff 124 West Harrisburg Street Post Office Box 3 10 Dillsburg, PA 17019 Telephone 717-432-9733 Fax: 717-432-1053 SCHRACK " LlNSENBACH LAW OFFICES HARRY H. FOX, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants ( 1 NO. L),-/--r1DP (!l; ~lL ." ~" . i ) '1 ...1 ACTION TO QUIET TITLE I j) >I? 1"11 I I ~ ; \. I I .t ,I NOTICE -_.j 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 th~ 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 LA'VYER AT ONCE. IF YOU DO NOT HA VE ALA \VYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO'V TO FIND OUT \VHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA \VYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ,CHR.\CK & LL'\:SEXBACH L"- \\' OfFICES IFYOU CANNOT AFFORD TO HIRE A LA \VYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le Han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIA TEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SCHRACK & LINSENBACH LAW OFI:ICES HARRY H. FOX, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y,PENNSYLV ANlA v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. ACTION TO QUIET TITLE COMPLAINT 'I, ~J __ AND NOW, this e>L ~ day of Of / 10 K.r- 2004, comes the Plaintiff, by his attorneys, SCHRACK & LINSENBACH, and files this Complaint and avers the following: 1. The Plaintiff is Harry H. Fox, Jr., an adult individual having his address as 17 Montego Court, Dillsburg, Pennsylvania 17019. 2. Defendant is Lewis Heiges and the unknown Heirs and Assigns of Lewis Heiges, whose whereabouts are unknown. 3. Plaintiff is in possession of a parcel or real property located in Monroe Township, Cumberland County, Pennsylvania and a Tax Map No. of22-12-0350-073, consisting of approximately twenty-eight (28) acres. 4. The Plaintiff became owner and possessor of the aforesaid premises, by an heir's deed from R. Nelson Kost and 1. Michael Kost, ("Kosts") dated the 23th day of August, 2004 and recorded in the SCHRACK & LINSENBACH LA. \V OFFJCES Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania, at Book 265 at Page 531, a copy of which is attached as Exhibit" A". 5. The Kosts are the great-grandsons of Lewis Heiges and the only known surviving heirs. 6. There is no record of conveyance out of Lewis Heiges for the subject premises, that being the real property as tax parcel number 22-12-0350-073, in the Recorder of Deeds office in and for Cumberland County, Pennsylvania. 7. Plaintitrs predecessors m title, the Kosts, have provided a statement of adverse possession, the original of which is attached as Exhibit "B". 8. The Plaintiff and Plaintitrs predecessors in title, the Kosts, have been in actual, continuous, visible and notorious, distinct and exclusive and hostile possession of the subject premises, that being the real property before mentioned herein and have been in possession for at least twenty-one (21) years and thereby have become owners by adverse possession. 9. Plaintiffs predecessors in interest, the Kosts, further claim the property was trans- ferred to them as lineal heirs. This transfer was accomplished by each generation physically handing the original deed into Lewis Heiges (IILewis Heiges deedll) to each successor receipt of the Lewis Heiges deed by the Kosts. 10. The Kosts possess the Lewis Heiges deed and have transferred it to Plaintiff The original deed is attached as Exhibit "CII. 11. The Kosts have paid the inheritance tax on the property as well as all property taxes in excess oftwenty-five (25) years. A Release of Lien from the Department of Revenue for the inheritance tax is attached as Exhibit "D". 12. As a result of the foregoing, Plaintiff has become owner of said real property by deed of SCHRACK & LINSENBACH LA W OFFICES conveyance as well as adverse possession by himself and his predecessors in title for at least twenty-one (21) years, said adverse possession having been continuous, visible, and notorious, distinct and exclusive and hostile possession of the real property for a period of at least twenty-one (21) years. 13. The Plaintiff desires and needs to have his ownership of said property as set forth herein- above, confirmed, and his title to same quieted in order to obtain food and marketable title to same. WHEREFORE, the Plaintiff prays your Honorable Court to enter a decree terminating all rights in which the Defendant, his heirs or assigns may have or have had, and further decree that the Defendant, his heirs and assigns be perpetually enjoined from setting up any title from said premises, for impeaching, denying or in any way attacking the Plaintiff's title to said property, from issuing or maintaining an ejection action for said premises, and/or from encumbering, mortgaging or conveyance of same or any part thereof Furthermore, the Plaintiff prays your Honorable Court to declare that title to said premises shall be quieted and confirmed that the title to said premises is in the Plaintiff and the Plaintiff's name alone, and further that the Plaintiff be allowed to enjoy said property without interference from Defendant, his heirs or assigns or any other persons. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES Date \() ~\ 64- By: -;VJ ------~ ____ BRIAN C. LINSENBAClI, ESQ. (87360) Attorney for Plaintiff 124 West Harrisburg Street P.O.Box310 Dillsburg, P A 17019 Telephone: 717-432-9733 Fax: 717-432-]053 SCHRACK & LINSENBACH LA w (n.H( OI:S SCHRACK & LINSENBACH LA W OFJ-ICt-.S HARRY H. FOX, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION -LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, NO. Defendants ACTION TO QUIET TITLE VERIFICATION I verify that the statements made in this Complaint 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. /% Dated: . / / of J(L ;11.10/ ;h . Hart"'j H~OX, Jr. " 00 V -/tF ~~ '., ~ ROBERT P ., I RECORDf . dEGLEFt" CUM8ERLAN~ OF DEEDS 200? SfP COUNTY_p.1. 7 Rf'J 10 07. TAX PARCEL NO.;J - /J.. -A35()-flI.:. DEED ~ THIS DEED made this J. ~aY of ~ 'Llfriu-f , 2004, by and between R. NELSON KOST and DORIS J. OST, husband and wifd; presently of 4204 Cantoria Avenue, Sebring, Florida 33872, and I. MICHAEL KOST, widower, presently of2868 Palo Verde, Avon Park, Florida 33825, the known heirs of Lewis Heiges, who died on September 24, 1925, parties of the first part hereinafter called Grantors, -AND- HARRY H. FOX, JR., presently of the Township of Carroll, County of York, and Commonwealth of Pennsylvania, party of the second part, hereinafter called Grantee. \VITNESSETH, that in consideration of FIFTY SIX THOUSAND DOLLARS ($56,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantee, his heirs and assigns, ALL THA T CERTAIN TRACT of woodland, situate in Monroe Township, Cumberland County, Pennsylvania, being more particularly bounded and described, as follows, to wit: BEGINNING at stones on line oflands now or formerly of Henry Bowman heirs; thence along said land and land now or formerly ofG. B. Strock, North sixty- eight and three-fourths (68%) degrees East, for a distance of one hundred and sixty- six (166) perches to stone; thence South twenty-seven and one-fourth (271f.s) degrees East, twenty-seven and five-tenth (27-.5) perches to stone; thence South sixty-eight and three-fourths (68%) degrees West, one hundred and sixty-four (164) perches to stone; thence North twenty-nine and one-half(29Y:2) degrees West, twenty-nine (29) perches to stones at the place of BEGINNING. CONTAINING twenty-eight (28) acres and one hundred and eight (108) perches. i I I I ., I .,CHRACK& I' LINSENBACH LAW OJ-"'f'ICF..s IT BEING THE SAME PREMISES which Annie L. Stambaugh, by deed dated March 12, 1906, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in 6X, at page 132, granted and conveyed unto Lewis Heiges, who died on September 24, 1925. Letters of Administration were granted to Ira Heiges on September 3D, 1925, in the Office of the Register of Wills of Cumberland County, Pennsylvania. Ira Heiges retained possession of the said premises and the original deed until his death in May 1942. Letters Testamentary 806.~ 265 PACE 531 ., . were granted to Adams Heiges on May 12, 1942, and recorded in the Office of the Register of Wills of Cumberland County, Pennsylvania, in Book 42 at page 294. Adam Heiges subsequently gave possession of the property and the deed to Dorothy Heiges to satisfy her share of the Ira Heiges estate. The said Dorothy Heiges married Rae Nelson Kost. The said Dorothy Heiges died December 28, 1954, leaving surviving her husband, Rae Nelson Kost, and her two sons, R. Nelson Kost and 1. Michael Kost. The said Rae Nelson remarried Dorothy Heiges' sister, Beatrice Heiges. The said Rae Nelson Kost died in 1983, and Beatrice Heiges died in 1992, leaving surviving her two stepsons, the grantors herein. AND ALSO BEL'\G the lands which the Grantors, and their predecessors in interest, have asserted ownership by adverse possession, and which possession has not been challenged by any other individual whatsoever in excess of the statutory period of twenty-one (21) years. 3Clilt-\CJ< &- LmSE)\'BACH L.... w OFfICES '--1 C"1 '-1 :::iJ (~ .~ ~...::' ::t: i..-:J !.;:f t"".:1 f:=' C) =.=-..,.. =--,- rr1 c:.:;,. J-r'J r:. r= ,T]: ,." ,." 0-1. .,. 1"0 L.I 1:--" ,-r, :-..:~ ~\:: rTl P-. ." UJ I'., ""1 . t---t. ':::."::~ 1:'""1:.1 '=" '=':" ':::.1 ...... ;-=;- ::-~:- ~ en t:::J r..-, ;::0 r:f:t1 ;,:tl s:: :g. I P' f2 · I ru _. ~ ..,,=, c::::a -... :1>' --i :r,a.. .::T.:I .e:: ,-, .::".)..:::;, ~ <:: ........ r.::J ;;:::: --i :::0 roC':tC-<=""':%>::J::~'='--tt---1 t-I. ".0 '..CI ::::iJ:: ::x . ::z:: --i ;;l--.:JO'.-lS2;-i ~~~ 0.. ....'1 -.... .:-, .._. r- ::D- I::: . -0 r- --t = .." rr1 rr1 ... '==' ::c."'":: ---< . '=" ;:rJ >-l .." ::> C.;! on .:u .....- -, -" ::'=:"" ...., U1 r.", <=> <=> ...., U') ..c- = 2 .6 x ::0 c,.... :I> 0-. .... ..c- ~;: ..c- o-. ..... .- .... ~~ Uil:is5:1 __8Hi~~..- co ..:> r:r.) t.....J ,.....) <> __ <:> ~ a;.:> - ;_ra a ~J1 0. <::. ::::, L.'1 C:. 0. :0. U, L'l C>C>C>=C>=C>c:>=<:>== '..0 d ....... ...... r..,) = ~ ..- c::> .. =:3 - 0-. = rp I'''' I'D ,~. :z.. = [ Ii: ...... - !iJ ::;J Cl.. >-l l, = C> l.n !:: r~ ::;J -. ri- G: '< ;;;zct :::> rtJ ."""!- 1-' a -n .., io-oJ. a.. .- ~ ..... .... ::;J 1,4 0 - '=" to I'D a.. ~"tA eOOK 265 PAGE 532 C.!1 ....... "" 0-. C> = '- ' AND the said Grantors, for themselves and their heirs, executors and administrators, do, by these presents, covenant, grant and agree to and with the said Grantee, his heirs and assigns, that they, the said Grantors, and their heirs, all and singular the premises herein described and granted, or mentioned and intended so to be, unto the said Grantee, his heirs and assigns, against them, the said Grantors, and their heirs, and against all and every other person and persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, it, or any of them, shall and will SPECIALLY 'V ARRANT the property hereby conveyed. IN WITNESS 'VHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written. 'VITNESS: ~~ CtA-y; ell .3 t:2~ W- R. NELSON KOST ~~~ DORIS J. KOST 1 ~7#~J ~ '-( M~ICHAEL KOST I SCHRA.CJ<_& Lh~SF.Jl,mACH 1.-' W OFFICES f60K 265 FacE 533 .~ . sfak OF ?eMsY/VaniOv COUNTYOF Y(JO< On this, the 21ft day of .:;y ~uJ;- , 2004, before me, a Notary Public, the undersigned officer, personally appeared . 1 ELSON KOST and DORIS J. KOST, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. SS. IN 'VITNESS 'VHEREOF, I have hereunto ~~ .!Met 3. Gore, fIklBry PtbI'.c (X~ 8oro. YOI1o: Coo1ty My Comm'ssion Expires o.::t. 25, 2005 ,~tl9r. Fe<':'1SltJani~ .As~,cja'J;Jn CI. rJcl~Ni$ k ;J OFC!!it1Z-' COUNTY OF 5S. On this, the 13/1 cR.. day of ~~.t!/ff , 2004, before me, a Notary Public, the undersigned officer/personally appeared I. i nCHAEL KOST, widower, known to me to be the person whose name is subscribed to the \vithin instrument, and acknowledged that he executed the same for the purpose therein contained. TN:::SS 'VHEREOF, I have herecse my hand and]TO arial Seal. Jlrlets. Gale, .-,. POOle ~' .1 i ffiv DIls!>LHg 8oro. Yori< Colrty _ :LQ;l . I . 'I My CommSsioR ExpIres Cd. 25, 2006 / . Marnbsr.Pem!yto/SlE~Of/'tJlarIeG i TjRY PJ'BLIC / 3CHRACK & LINSl-~'\'BA CH LA W OFFICES HEREBY CERTIFY that the precise address of the Grantee herein is: /7 limA ao CaJrl ~R THE NTEE ~ BOOK 265 fAtE 534 HARRY H. FOX, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. 04-5708 CIVIL ACTION TO QUIET TITLE AFFIDAVIT TO SUPPORT THE MOTION FOR PUBLICATION 1. The prior owner from whom Plaintiff bought the premises in question are the only known surviving heirs of Lewis Heiges. 2. The title of the real estate remained in the name of Lewis Heiges, who died on September 24, 1925. 3. There is no record of any conveyance out of Lewis Heiges in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. 4. Plaintiff's predecessors, Nelson Kost and I. Micha.el Kost had possession of the original Deed into Lewis Heiges and state that the Deed was passed down from generation to generation to evidence transfer of the property. 5. The original Deed was filed with the Complaint in this matter as evidence of the transfers. 6. Lewis Heiges is deceased and it is impossible to ascertain any other heirs and assigns other than efforts expended. 7. A search on the Internet fails to provide any useful information on Lewis Heiges or his heirs. SCHRACK & LlNSENBACH LAW OFfiCES Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES ;;;;rZ. ~ ----- BRIAN C. LINSENBACH, ESQUIRE I. D. #87360 Attorney for Plaintiff 124 West Harrisburg Street Post Office Box 310 Dillsburg, P A 17019 Telephone: 717-432-9733 Fax: 717-432-1053 : () c ~ -oi>, n-';c;- ~!!,! en F;' ~. ::r.; C ""~(-') ~C) Pc. -;: ""- =< ""-.) c:=:. c::.:::. .1::- ::;;r~ c5 -= N W o -n ~ ni :lJ .. :om .))0 Or -..., C) :r: '.' () :J1 7(') (5 fr! .,.j ~ "n -< J> :r <2 C> o ScHRACK & LINSENBACH IAWOI'l'In:S HARRY H. FOX, JR., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, NO. 04-5708 Civil Defendants ACTION TO QUIET TITLE MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, TO WIT, this 28th day of January, 2005, comes the Plaintiff by and through his attorney, BRIAN C. LINSENBACH, ESQUIRE, of SCHRACK and LINSENBACH LAW OFFICES, and files the following Motion: 1. The Plaintiff filed an Action to Quiet Title on November 15, 2004 docketed as above-captioned. 2. Service of this Complaint on the Defendants was obtained by publication pursuant to a Motion for Publication Ordered by the Honorable Judge J. Wesley Oler, Jr., said Order being dated the 23'd day of November, 2004. 3. Service by publication was made in the following manner: a. By publication in the Cumberland Law Journal on December 24,2004 (see attached proof of publication); and b. By publication in The Sentinel, a newspaper of general circulation in the Borough of Carlisle, Cumberland County, Pennsylvania on December 15, 2004 (see attached proof of publication). 4. The Defendants have failed to respond to the Complaint and thirty (30) days have passed since the last publication date. SCHRACK & L1NSENBACH LAWOI'Fh'ES WHEREFORE, the Plaintiff, by his attorney, moves this Honorable Court to enter judgment in favor of the Plaintiff and against Defendants and grant the Plaintiff the relief prayed for in his Complaint, all in accordance with Pennsylvania Rule of Civil Procedure 1066. Respectfully submitted: J. / -- ".....' -,' --- ./---",.~ By. ~ ,_______ BRIAN C. LI ENBACH, ESQUIRE SCHRACK & LINSENBACH LAW OFFICES 1. D. No. (87360) Attorney for Plaintiff 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 HARRY H. FOX, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. 04-5708 Civil ,~ ;c'! r-J ~;::; c._" CF' AFFIDA VIT OF SERVICE I Ul o ,.\ ---1 T f~i ~:'2 :..,., '7 ':~) :;-~ ACTION TO QUIET TITLE '- ::;:'... ,........ COMMONWEALTH OF PENNSYLVANIA ) ( SS COUNTY OF YORK ) en ;"",,) >_-)\<'1 :,':1 f~;7 .<c _..J Brian C. Linsenbach, Esquire, being duly sworn according to law, deposes and says that: 1. He is the attorney for the Plaintiff in the above-captioned action 2. Motion for Publication was filed and an Order was issued to allow service by publication dated November 23,2004 (see attached Order). 3. Publication was made through Cumberland Law Journal on December 24, 2004 (see attached Proof of Publication) in accordance with an Order for Publication dated November 2;,2004 and Pennsylvania Rule of Civil Procedure 1066. <1 Publication was made through The Sentinel on December 15,2004 (see attached proof of Publicati, ,") in accordance with an Order for Publication dated November 23, 2004 and Pennsylvania Rule of Civil Procedure 1066. SCHRACK & LINSENBACH LAW OFFICES SClIIlACK & LINSENIlACII \.i\W\>H'H'L,> Sworn and subscribed to before me this /10 Tj! . day -- -' ..,."-_.._-...._..~. ..- of ?JecEiUi/FA:: , 200<1. -..,.~----'~---.-._- -- /d-~ - BRIAN C. LIN. ACH, ESQ. (87360) Attorney for Plaintiff 124 West Harrisburg Street PO. Box 310 Dillsburg, PA 170\9 Telephone: 717-432-9733 Fax: 717-432-1053 ry Pu ic NolerlaJ Janet s. Gom, NolaJy POOlIc Dillsburg BOlO, YOl~ COUnIy My Commission Expil'9!l Oct. 25, 200ll Member, Peonsy\v;;nla Asoccla1lon Of_ C<<RACK & LINSE~llACa LAW OFFIC'ES HARRY H. FOX, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS~ CIVIL ACTION - LAW LEWIS HEIGES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. 04-5708 CIVIL Acno\" TO QUIET TITLE ORDER FOR PUBLICATION AND NOW, TO WIT, this ?"s,,l dayof--1\J ..,~C' ~(. J ,2004, upon consideration of the foregoing l\-fotion 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 Defendant, his heirs and assigns, if any, to plead to said Complaint within twenty (20) days from the date of the last appearance of the publication .7;;~r/l 0/1 t J. lRUE copy FROM RE.COR~, '~ T ,,';!w"nony wll6reof, I hare unto.~ my ')<j ~e.al of said cou,Q; ;t! C9,nISIl!. Pt.: ,';IS'$e daY(l,l;~~ .;I::f" __, (/ylL- ~r SCHRACK & LINSENBACH L-A.WOHICES HARRY H. FOX, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I II I I I I II vs. LEWIS HEIGES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants ACTION TO QUIET TITLE CIVIL ACTION - LAW NO. 04-5708 CIVIL NOTICE OF PUBLlCA nON To LEWIS HEIGES and HEIRS. EXECUTORS A1'>D ASSIGNS OF LEWIS HEIGES. TAKE NOTICE that on the 15th day of November, 2004, HARRY H. FOX, JR., filed his Complaint agal1lst the above-named Defendants in an Action to Quiet Title docketed to No. 04-5708 CIVIL, in the Court of Common Pleas of Cumberland County, Pennsvlvania. with reference to atract ofIand in Monroe Township, Cumberland County, Pennsylvania, ldenlified and knO\ITI as follows: BEGINNING at stones online oflands now or fOffiler]y of Henry Bowman heirs; thence along said land and land now or fonnerly of G. B. Strock, North siA1y-eight and three-fourths (68%) degrees East. for a distance of one hundred and sixty-six (166) perches to stone; thence South twenty.. seven and one-fourth (27~,) degrees East, twenty..seven and five-tenth (27.5) perches to stone; thence South sixty-eight and three-fourths (68'!.) degrees West, one hundred and sixty..four (164) perches to stone; thcnce North twemv-nine and one-half (29)1,) degrees West, twenty-nine (29) perches to stones at the pIace of BEGINNING CONTAINING twtmy-eight (28) acres anu one hundred and eight (l08) perches. SAID COMPLAINT requests the Court to decree [hat any and all rights of the Defendants in the herein above described premises arc released and/or extinguished. Further, said Complaint requests the Court to declarc that title to said premises shall be quieted and confirmed in the Plaintiffs and the Plaintiffs alone, and further that the Plaintiffs be allowed to enjoy said property without interference fTom the Defendants, their heirs I and assigns, or any other persons. 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 funher notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may Jose 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 CA.\' GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRlNG A LAWYER CUMilERLANI} CO U:\TY BAR CENTER 2 Liberty Avenue Carlisle, Penns)'l"ania 17013 Telephone: (717) 249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 1\1A Y BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT 1\1A Y OFFER LEGAL SERVICES TO ELIGIDLE PERSONS AT A REDUCED FEE OR NO FEE. 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 ofthe 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 ofthe said Cumberland Law Journal on the following dates, Viz DECEMBER 24, 2004 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. \ ,. Lisa arie Coyne, SW RN TO AND SUBS RIBED before me this 24 day of DECEMBER, 2004 ~..I~)..i;. ~.IAdvv . Notary (I" CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil' Action-Law No. 04.570R Civil HARRY H. FOX, JR. Plaintiff vs. LEWIS HEIGES and HEmS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants ACTION TO QUIET TITLE NOTICE OF PUBLICATION To: LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HElG8S. TAI(E NOTICE that on Novcrn~ ber 15, 2004, IIAHRY I I. FOX. JR.. filed his Complaint against the above-named Defendants 10 an Ac~ tlon to gulet Title docketed to No. 04-5708 CIVIL, In the COUIt of Com~ mon Ple<ls of Cumberland County, Pennsylvania, with reference to a tract of land in Monroe Township, Cumberland County, Pennsylvania, identltled and known as follows: BEGINNING at stones on line of lands now or formerly of Henry Bow~ man heirs: thence along said land and land now or formerly of G. B. Strock, North sixty-eight and three~ fourths (6R 3/4) de~re('s East, for n distance or OIl(' hundred and sixl.y~ :,;Ix (I GG) perches to slone; thence South twenty-seven and one-fourth (271/4) degrees 1<:;:151. lwcnty.scvcn and five-tenth {27.5} perches to stone; thence South sixty-eight and three-fourths (68 3/4) degrees West. Olle hllll(ln~d and sixty-four (164) perches to stone: thence North twenty-nine and one-half (29 1/2) degrees West, twenty-nine (29) perches to stones at the place of BEGINNING. CONTAINING twenty-eight (28) acres and one hundred and eight (108) perches. SAID COMPLAINT requests the Court to decree that any and all rights of the Defendants in the here- in above described premises are re- leased <lnd/or extinguished. Further. said Complaint requests the Court to declare that title to said premises shall be quieted and confirmed in the Pla1ntitTs and the PlainUffs alone. and further that the Plaintiffs be al- lowed to enjoy said property with~ out interference from the Defen- dants, their heirs ancl assigns, or arty 01 her persons. 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 o.ller this Complaint and Notice arc served, by entering a written appeamnce personally or by attorney and filing in WIitJng with the court your defenses or objections to the claims set forth against you. You are warned that if you fall to do so the case may proceed without you and a jUlI,! ~rnent may be entcred against you llV the court without further notk\' lllr any money claimed in tll(' Cnml,i.lint or for any olher claim or n'llel II'fJut'sled by the Plalll'. till You lOa \' lose money or prop- crty orot lwl' I il!,1ltS Important to you. YOU Sill II IL..}) TAln<: '1'1 IIS PA- PER TO YOII" LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE TIlE OF- 4 CUMBERLAND LAW JOURNAl.. F'ICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LE- GAL HELP. TI;IS OFFICE CAN PRO- VIDE YOU WITH INF'ORMATION ABOUT HIRJNG A LAWYER. CUMBERLAND COUNlY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 1F' YOU CANNOT AF'F'ORD TO HIRE A LAWYER. 1111S OFF'ICE MAY BE ABLE TO PROVlDE YOU wmr INF'ORMATION ABOUT AGENCIES TIIAT MAY OF'F'ER LEGAL SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO F'EE. BRIAN C. LlNSENBACH, ESQUIRE SCIIRACK & L1NSENBACII lAW OF'F'ICES SoUcltors Dec. 24 5 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Sales Manager, of The Sentinel, of the County and S;ate aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper 0 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 noti~e or publication. ~ttached ~ereto IS exactly the same as was printed and published 111 the regular edItions and Issues of THE SENTINEL on the following date(s J?g~:~..lf;1_<?!JcQL:?'(lQ1 COPY OF NOTICE OF PUBLICATION ~ ':-' ~'.; "W'. ':..' 'I HARRY H. FOX, JR. , Plaintiff .'.",V8. ,LEWIS HErOES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV. PENNSVLVANIA CIVIL ACTION.. LAW NO.04-570B CIVIL ACTION TO QUIET TITLE ~~ PUBLICATION_ To:LEWIS HEIGES end HEIRS; EXECUTORS AND ASSIGNS OF LEWIS HEIGES '~TAKE NOTICE (halon Ihe15thdayof November, 2004, HARRY H. FOX JR.. flied his Comp/alnt against the above-named defendants In an Action to QuIet Title docketed to No. 04-5708 CIVtL, In the Court of Common Pleas of Cumberland County, Pennsylvania. with reference to. a tract of land In Monroe Township, Cumberland County, Pennsylvania, Identified and known a.s follows: , .., BEGINNING at stones on line at lands now or formerly of Henry Bow- man heirs; thence along said land snd land now Of formerlY of G. B. Strock, North slxty~elght and ,three.fourths (683/4) degrees East, for a distance of one hundred ,and S1xty-sb:~166) perches to stone; thence South twenty-seven and one fourth (27 ,j{j/4) degrees East. tWenty-seven and five-tenth (27.5) perches to stone; thence t$(luth:shcty-elght and three~'ourths (68 3/4) degrees West. one hundred and "sbtty4our (184) perches to stone; thence North twenty-nine and one.half(29 1/2) degrees West, twenty-nlne~29) perches to stones at the place of BEGINNING. ;f"I:' " .., ..:. < ',,:,. .., ,CONTAINING twenrY-elght (28) acres and one hundred and eight . (108) perches. ' '~'.l ":,SAID COMPLAINT requests the Court to decree that any and all rights of the defendants In the herein above described premIses are released and/or extinguished., Further,.sal<t.ComlJlalnt requests the Court to declare that fltleto said premlsetrShall be quieted and conllrmed In the Plaintiffs and the Plaintiffs alone, Bnd 1urther that the Plalnttfls be allowed to enjoy said property without interferElRCe from the Defendants, their heirs and assigns, or any other persons. ItQJ!!;!; You have been sued In court. If you wish to de1end 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 flllng In wlitlng with the court your defenses or objections to the claims set fo~ against you. You are warned that if you fall to do so the case may ))fOceed without you and a judgement 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. VOU SHOULD TAKE rHIS PAPER TO VOUR LAWYER AT ONCE. IF VOU DO NOT. HAVE A LAWVER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUTWHERE,VOU CAN GET LEGAL HELP. THIS OFFICE CAN PROYID~ VOU WITH THE INFORMATION ABOUT HIRING A LAWVER. (,.L ';- r CUMBERLAND COUNTY BAR CENTER , 2 Liberty Avenue Carllal., Penn8ylvanla 17013 Telephone: (717) 24g..3166 ':'.:.. .; C "..;,.; .)":1 , . : IF.YOU CAN NOT AFFORD '1'0 HIRE A LAWVER. THIS OFFICE MAV BE . ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAV "QFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR ,NO pEE.. BRIAN C. UNSENBACH. Esquire SCHRACK & L1NSENBACH Law Otfices Solicitor Affiant further deposes that hel she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of =-t:~~~f- Sworn to and subscribed before me this 15th day of De,ember, 2004 CArl :I. ( ( r' Notary Pu ic :h Ar(<) 1'0 My commission expires: (J II /r-: I' I COMMONWEA~~~NNSVl\;J\NIA Chnstina L W<:J.fa. Notal'f PublIc Carlisle Boro, CumbelIand Coon\'j My Cornmissioo Expires Sepll. 20<\8 '>AI~i1"bw r.".r>s,.IV""'lfl "''Ssoclatlon Of N, ,taries 0 r--' 0 c:::::> ~: (";;::,) -1'1 <J' '-;;, -.-'1 .-1 .~" r> 01 ;;R C'Cl I - '. ~;\".. - GOJ C) 0-: ------- - fy fED Q ~ ~0051"" HARRY H. FOX, JR., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, NO. 04-5708 Civil Defendants ACTION TO QUIET TITLE ORDER AND NOW, TOWIT,this~dayof IM?1 ,2005,anAffidavitofServiceof the Complaint with Notice to Plead having been filed and no answer having been received from the Defendants, and in accordance with Pennsylvania Rule of Civil Procedure 1066, the Court hereby ORDERS as follows: A. The Defendants be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the Plaintiff set forth in the Complaint, unless the Defendants take action to answer the Plaintiffs Complaint within thirty (30) days following the date ofthis Order; if such action is not taken within the said thirty (30) day period, the Prothonotary, upon Praecipe of the Plaintiff, shall issue final judgment. B. That the title to said premises shall be quieted and it is confirmed that title to said premises is in the Plaintiff and the Plaintiff alone and that the Plaintiff be allowed to enjoy said property without interference from the Defendants, their heirs or assigns or any other persons. SCHRACK & LINSENBACH 1..\""')I'I'I{'I:.\ Ii '1 SCHRACK & LINSENBACH I AWClI+WI'S C. That the Recorder of Deeds in and for Cumberland County, Pennsylvania, records a copy of this Order upon the proper recording fee being paid. BY THE COURT: ~,O? '0" o ti{ 1. ;.\ AU-<r+;C,' .;:;:1 SO :2 lid 9- J.'Jll SIJDZ jO HARRY H. FOX, JR., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, NO. 04-5708 Civil Defendants ACTION TO QUIET TITLE MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, TO WIT, this 28th day of January, 2005, comes the Plaintiff by and through his attorney, BRIAN C. LINSENBACH, ESQUIRE, of SCHRACK and LINSENBACH LAW OFFICES, and files the following Motion: 1. The Plaintiff filed an Action to Quiet Title on November 15, 2004 docketed as above-captioned. 2. Service of this Complaint on the Defendants was obtained by publication pursuant to a Motion for Publication Ordered by the Honorable Judge J. Wesley Oler, Jr., said Order being dated the 23'd day of November, 2004. 3. Service by publication was made in the following manner: a. By publication in the Cumberland Law Journal on December 24,2004 (see attached proof of publication); and b. By publication in The Sentinel, a newspaper of general circulation in the Borough of Carlisle, Cumberland County, Pennsylvania on December 15, 2004 (see attached proof of publication). SCHRACK & LINSENBACH L\W()I'I'I('j',S 4. The Defendants have failed to respond to the Complaint and thirty (30) days have passed since the last publication date. WHEREFORE, the Plaintiff, by his attorney, moves this Honorable Court to enter judgment in favor of the Plaintiff and against Defendants and grant the Plaintiff the relief prayed for in his Complaint, all in accordance with Pennsylvania Rule of Civil Procedure 1066. Respectfully submitted: .) / ,/ -..' .--' By: ~ . - .--...--...._ ~ BRIAN C. LIksENBACH, ESQUIRE SCHRACK & LINSENBACHLA W OFFICES I. D. No. (87360) Attorney for Plaintiff 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 SCHRACK & LINSENBACH ].,\wnl'I'!('I'''' II .1 HARRY H. FOX, JR. Plaintiff COURT OF COMMON PLEAS OF CUMBEULAND COUNTY, PENNSYLVANIA v. CIvrL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AN.\> ASSIGNS OF LEWIS HEIGES, Defendants NO. 04-5708 Civil ':) ....., c;' r' .J c..:> --q ,-;_,"1 c_ ---i -'T- 0__' f-:l ?;J ..',..- ;-n I ; J c: 1 c~') - ACTION TO QUIET TITLE;: AFFIDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ( SS COUNTY OF YORK ) Brian C Linsenbach, Esquire, being duly sworn according to law, deposes and says that I. He is the attorney for the Plaintiff in the above-captioned action. 2. Motion for Publication was filed and an Order was issued to allow service by publication dated November 23, 2004 (see attached Order). 3. Publication was made through Cumberland Law Journal on December 24,2004 (see attached Proof of Publication) in accordance with an Order for Publication dated November 2;,2004 and Pennsylvania Rule of Civil Procedure 1066. 4 Publication was made through The Sentinel on December 15, 2004 (see attached proof ofPubliealillll) in accordance with an Order for Publication dated November 23, 2004 and Pennsylvania Rule or Civil Procedure 1066. SCHRACK & LINSENBACH LAW OFFICES SCIlI(ACK & LINSENIlACIl J.AW.'J.)'j"", Sworn and subscribed to before me this _107Jl - -,---_.','---- of CD<. C€/~/i1E-Jt:' -- ---------- -- -- . day ,2004 /d-~ BRIAN C. LINgjNBACH, ESQ. (87360) Attorney for Plaintiff 124 West Harrisburg Street P.O flox 310 Dillsburg, PA 17019 Telephone 717-432-0733 Fax: 7]7-432-1053 ry Pu ic NotIlJiaJ .Janet S. Gow, NolaJy Public Dill.burg BOlO, 'fOlk County My Commission ExpIres Oct 25, 200fl Member. Penn"ytv_ As.ocIa1Ion Of Notaf1e8 HARRY H. FOX. JR. Plaintil1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "S. CIVIL ACTION - LA W LEWIS HEIGES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants NO. 0-1-5708 CIVfL ACTIO" TO Ql1IET TITLE ORDER FOR PUBLICA nON ANDNOW,TOWIT,trus 2-3-'~ dayof_J\)-=-"e~(,J , 2004, 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 Defendant, his heirs and assigns, ifany, to plead to said Complaint within twenty (20) days from the date of the last appearance of the publication D7;;~rR 01/ ~I J. CHRACK & lINSE\IlACH L"WOFFlCES tRUE COpy FROM REOOR~V' 're ,>,<,t1(nony wMreol, \ here \Int()~ rrr-{ 112 J 'YJ -6<11 of said Court :tl Cq.rllslll. Pl.: _ . 2 I~~":' ~""f '~~~ S( )s~~d n.~ HARRY H. FOX, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LEWIS HEIGES and HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES, Defendants CIVIL ACTION - LAW NO. 04-5708 CIVIL ACTION TO QUIET TITLE NOTICE OF PUBLICA TlON To LEWIS HEIGES 3nd HEIRS. EXECUTORS Al\'D ASSIGNS OF LEWIS HEIGES. TAKE NOTICE that on the 15'h da\' of November, 2004, HARRY H. FOX, JR, filed his Complaint a"amst the above-named Defendants m an Action to QUIet Title docketed to No. 04-5708 CIVIL, in the Court of Conunon Pleas of Cumberland Count\., PellJ1svlvania, wilh reference to atraet ofland in Monroe Township, Cumberland County. Penns\'l\'ania, Identified and known as follows' IlEGINNING at stones on line of lands now or fonnerly of Henry Bowman heirs: thence along said land and land now or fonnerly of G. B. Strock, North si},.1y-eight and three-fourths (68%) degrees East, for a distance of one hundred and sixty-six (166) perches to stone; thence South twenty- seven and one-fourth (27',1,) degrees East, twenty-seven and five-tenth (27 j) perches to stone; thence South sixty-eight and three-fourth, (68%) degrees West, one hundred and sixty-four (I64) perches to stone; thence North twenty-nine :md one-half (29V,) degrees West, twenty-nine (29) perches to stones at the place of BEGINNING CONT.\INI:\G twenty-eight (28) acres and one hundred and eight (108) perches. SAID COMPLAINT requests the Court to decree that any and all rights of the Defendants in the herein above described premises arc released and/or extinguished. Further, said Complaint requests the Court to dccbrc that title to said premises shall be quieted and confirmed in the Plaintiffs and the Plaintiffs alone, and furthcrthat the Plaintdfs be allowed to enjoy said property wilhout interference from the Defendants, their heirs and assigns, or any other persons. 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 f;til 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. SCHRACK & LrNSENBACH \.A\\'OHICIoS 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 CA."I GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORlliA nON ABOUT HIRING A LA WYER. CUMBERLAND COl!~T\ ilAR CENTER 2 Liherty Avenue Carlisle, Penns)''''ania 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 THATMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR:'>O FEE. 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 DECEMBER 24, 2004 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. / Lisa arie Coyne, SWbRN TO AND SUBS RIBED before me this 24 day of DECEMBER. 2004 ~A~).i;. ~fjvv , Notary , CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil' Actlon-Law No. 04-5708 Civil IIARRY II. FOX, JR. PlalnUff vs. LEWIS HEIGES and IIEIRS, EXECUTOHS AND ASSIGNS OF LEWIS HEIGES, Defendants ACTION TO QUIET TITLE NOTICE OF PUBLICATION To: LEWIS HEIGES nnd llEIRS. EXECUTORS AND ASSIGNS OF LEWIS IIElGI<:S. TAKE NOT1CP: thal on Novem- ber 15, 2004, HARRY II. FOX. JR., filed his Complaint against the ahovc-nmned Defendants In an Ac- tion to Quiet. Title docketed to No. 04-5708 CIVIL, In the Court of Com- mon Pleas of Cumberland County. Pcnnsylvnnla, with reference to a tract of land in Monroe Township, Cllmberland County. Pennsylvania, itlcnUlled and Imown as follows: BEGINNING at stones on line of lands now or formerly of Henry Bow- man heirs; thence along said land and land now or formerly of G. R. Strock, North slxty-eighl and thrce- fourths (GR 3/<11 (h'~r('('s E.1S/' lor ,\ disl<lIH'C or one hundred and slxty- six (JWj) pt'rcJws to stnoe; thcllce South twenty-s('veIl ;nul one-rOluth 127 l/tlJ degrees East, (wenty-sewn and five-tenth (27.5) perehe::-> to slone; thence South sixly-t~ight and three-fourths (68 :,l/4) degrees West, OIH~ hlllldr('(\ and slxly-f()Uf (l64) perches to stone; thence North twenty-nine and one-half (29 ] /2) degrees West, twenty-ntne (29) perches to stones at the place of BEGINNING. CONTAINING twenty-eight (28) acres and one hundred and eight (J 08) perches. SAID COMPLAINT requests the Court to decree that any and all rights of the Defendants in the here- in above described premises are re- leased and/or extinguished. Further, said Complaint requests the Court to declare that title to said premises shall be quieted and mnftrmed in the Plaintiffs <!nd the Plaintiffs alone, and further that the PlaIntiffs be al- lowed to enjoy saId property With- oul interference from the Defen- dants. their heirs and assigns, or any other persons. NOTICI<: You have been sued in court. If you wish to defend yourself against the claims sd Ill!"th In the followtng pages. you must lake aclton within twenty {20} day.s after this Complaint and Notice are served, by entertng a written appearance personally or by attorney and ruing in Writing with the court your defenses or o~jections to the claims set forth against you. You are warned that if you fail to do so the case lllay proceed without you and a jllll~',mcnt may be entered against you I,V Ihe court WitllOut further n()jic,' II Jr any money claimed in tile Cmlll,!;iin/ or (01' nny other claim or reiit-; 1'~(I'H'sted by the PI"IIl- wr You Ill:" Jose money or prop- erty or Otl\t~l i~),llts important to YOll. YOU SIl( II, ILl) TAKE TIllS PA- PER TO YOI JI{ LAWYER AT ONCK IF YOU DO NOT !lAVF: A LAWYER GO TO on TELErIlONI<: TIm OF- 4 CUMDERLAND LAW JOURNAL FICE SET FORTI [ BELOW TO FIND OUT WHERE YOU CAN GET LE- GAL HELP. 11!lS OrTICI;; CAN PRO- VIDE YOU WITH INFORMATION ABOUT lHRlNG A LAWYER. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IF YOU CANNOT AFFORD TO IIJREA LAWYER. 11 liS OFFICI;; MAY BI;; ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SEHV- ICES TO E!.IGInLE PEHSONS AT A REDUCED FEE OR NO FEr:. BHlAN C. !.INSr:NBACH, ESQUIRE SCHRACK & LINSENBACH LAW OFFICES Salkltors D(~c, 24 5 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Sales Manager, of The Sentinel, of the County and S;ate aforesaid, being duly sworn, deposes and says that THE SENTINEL, a n.ewspaper 0 eneral circulation in the Borough of Carlisle, County and State aforesaId, was ~stablished December 13th, 1881, since which date THE S~NT~NEL has been regu~arly . d . 'd County and that the printed notice or publIcation attached hereto IS Issue In SaI , . . d . f exactly the same as was printed and published in the regular editions an Issues 0 THE SENTINEL on the following date(s J)Q<:\:!!)\2\~LJ",)()Q4 COpy OF NOTICE OF PUBLICATION NOTICE HARRY H'. FOX, JR. . Plaintiff v.. LEWIS HEIGES end HEIRS EXECUTORS AND ASSIGNS OF LEWIS HEIGES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIQN- LAW NO.04-5708 CIVIL ACTION TO QUIET TITLE ~QfPUBLlCATION To:LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES :TAKE NOTICE that on the 15th day of November, 2004, HARRY H. FOX JR., flied his Complaint against the above-named defendants tn an Action to Quiet TItle docketed to No. 04-5708 CIVIL, In the Court of Common Pleas of Cumberland County, PennsylvanIa, with reference 10 a tract of land In Monroe Township, Cumberland County, Pennsylvania, Identified and known as follows: BEGINNING at stones on Une of lands now or formerly of Henry Bow. man heirs; thence along said land and land now or formerly of G. B. Strock, North sixty-eight and ,three-fourths (68 3/4) degrees East, for a distance alone hundred "and slxty.slx (166) perches to stone; thence South twenty-seven and one fourth (27 ':;:1/4) degrees East, twenty-seven and flve-lenth{27,5) perches to stone; thence r'.Sc)'uth sixty-eight and three"fourths (68 3/4) degrees West, one hundred and 'sixty-four (164) perches to stone; thence North twenty-nine and one-half(29 1/2) degrees West, twenty-nlne(29) perches to stones at the place of BEGINNING. ri,'f,' , ", , CONTAINING twenty-eight (28) acres and one hundred and eight (108) perches. ",'.",' SAID COMPLAINT requests the Court to decree that any and all rights of the defendants In the herein above described premises are released and/or extinguIshed. Further,.saldComplalnt requests the Court to declare that tilleto said premises shall be quIeted and confirmed in the Plaintiffs and the Plaintiffs alone, and further that the PlaIntiffs be allowed to enjoy said property without interference from the Defendants, theIr heirs and assigns, or any other persons. tiQJI~ You have been sued In court. If you wish to defend yourself against the claims set forth In the following pages, you must take acllon 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 fall to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed In the Complaint or lor 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 LAWVER AT ONCE.IFVOU DO NOT HAVE A LAWVER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINIl OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE 'CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWVER. , ' . ' CUMBERLAND COUNTY BAR CENTER , 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ,,' IF.YOU'CAN NOTA"FFORD~O HIRE A LAWVER,'THIS OFFICE MAV BE ABLE TO PROYIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 'OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR INO FEE. . I.'" BRIAN C. LlNSENBACH, Esquire SCHRACK & LlNSENBACH Law Offices Solicitor Affiant further deposes that hel she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of :3;:;z:j~~~ Sworn to and subscribed before me this l;;Jh. day of R~c;\:I1)bg', 2004 " ( lu ( 'f" (( y>' Notary Pn ic :'hA{{tj " " My commission expires: 'J /1 /c 'I' COMMONWEALTH OF PENNSYL v\NIA I Notarial Seal J Chnstina L. Wolfe, Notary Public Carlisle Bom, CUmbe<land Coonty My Commission Expires Sept 1, 20\ 18 1\~I~,T'Q'" r'."'i"S"IVCl"l';,) Association Of N. ,taries \'-r- . ~v, o c r--,~ (':.-:::> c.:,..:' ..:;/"1 C" -n G~0'~' -, r"'i C'~, I c> C) c:> C',,; SCHRACK & LINSENBACH IAWOI'Fll'r,s . !y FE! 0 a ~005 {f HARRY H. FOX, JR., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. . : LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LEWIS HEIGES, CIVIL ACTION - LAW NO. 04-5708 Civil Defendants ACTION TO QUIET TITLE ORDER AND NOW, TO WIT, this_~..tt- day of 1M 71 ' 2005, an Affidavit of Service of the Complaint with Notice to Plead having been filed and no answer having been received from the Defendants, and in accordance with Pennsylvania Rule of Civil Procedure 1066, the Court hereby ORDERS as follows: A. The Defendants be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the Plaintiff set forth in the Complaint, unless the Defendants take action to answer the Plaintiffs Complaint within thirty (30) days following the date of this Order; if such action is not taken within the said thirty (30) day period, the Prothonotary, Upon Praecipe of the Plaintiff, shall issue final judgment. B. That the title to said premises shall be quieted and it is confirmed that title to said premises is in the Plaintiff and the Plaintiff alone and that the Plaintiff be allowed to enjoy said property without interference from the Defendants, their heirs or assigns or any other persons. SCHRACK & LINSENBACH LAW Of"HCI'S C. That the Recorder of Deeds in and for Cumberland County, Pennsylvania, records a copy of this Order Upon the proper recording fee being paid. BY THE COURT: 1. d{ June 8, 2005, Final Judgment is hereby entered in favor of the Plaintiff and against Defendant. honotary ~'00 ~" o \/,,:,',i //'~:lJ!t;\\:~~"1;d }\,H'lr<:-r, - .:~:;::\lnJ SO :(, Hd 9- l,\jl! ~GU~ XG"JlG'.\CY,~"V,}Jd 3\-\1 -30 :l'~.'I\:~::;D-G]l\j . . HARRY H.. FOX, JR., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW LEWIS HEIGES and HEIRS, EXECUTORS AND ASSIGNS OF LF~WIS HEIGES, NO. 04-5708 Civil Defendants ACTION TO QUIET TITLE PRAECIPE FOR DEF AUL T JUDGMENT AGAINST DEFENDANTS FOR FAILURE TO ANSWER TO THE PROTHONOTARY: The Defendants in the above-captioned matter, not having complied with the Order for Service by Publication entered by The Honorable Court of the Cumberland County Court of Common Pleas on the 23rd day of November, 2004, by The Honorable J. Wesley Oler, Judge of the Court of Common Pleas of Cumberland County, Pennsylvania, or filed an answer within the required time period, enter final judgment that: A. The Defendants be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the Plaintiff set forth in the Complaint, more particularly described as follows: SCHRACK & LINSENBACH LAWOFFI<:ES BEGINNING at stones on line of lands now or fonnerly of Henry Bowman heirs; thence along said land and land now or fonnerly ofG. B. Strock, North sixty-eight and three-fourths (68%) degrees East, for a distance of one hundred and sixty-six (166) perches to stone; thence South twenty-seven and one-fourth (27Y4) degrees East, twenty-seven and five-tenth (27.5) perches to stone; thence South sixty-eight and three-fourths (68%) degrees West, one hundred and sixty-four (164) perches to stone; thence North twenty-nine and one-half (29Y2) degrees West, twenty-nine (29) perches to stones at the place of BEGINNING. . . Dated: SCHRACK & LINSENBACH LAW OFFICI,S CONT AINING twenty..eight (28) acres and one hundred and eight (108) perches. IT BEING T AX PARCEL NUMBER 22-12-0350-073. B. That the title to said premises shall be Quieted and it is confirmed that title to said premises is in the Plaintiff and the Plaintiff alone and that the Plaintiff be allowed to enjoy said property without interference from the Defendants, their heirs or assigns or any other persons. C. That a copy of this Judgment shall be recorded in the Office ofthe Recorder of Deeds in Cumberland County, Pennsylvania, and shall be entered in said office in the name of the Plaintiff and Defendants; the Defendants' names to be indexed in the Grantors index and the name of the Plaintiff to be indexed in the Grantee index; and said Judgment to be construed as a Power of Attorney authorizing the Recorder of Deeds to accept this Judgment for recordation as hereinbefore set forth. D. That the Defendants are permanently enjoined from entry upon the land that is the subject of this action without permission being specifically granted to Defendants by Plaintiff. E. That the Recorder of Deeds in and for Cumberland County, Pennsylvania, record a copy ofthis Judgment upon the proper recording fee being paid. Respectfully submitted: SCHRACK & LINSENBACH LAW OFFICES By: ~ r ____ ~ ____________ BRIAN C. LINSENBACH, ESQUIRE 1. D. No. (87360) Attorney for Plaintiff 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 AND NOW, thisR!....l.uay of ...... )/-,.1 ~ ,2005, judgment is ntered as above. onotary .,--- .tQ.. P -C C~~% 'L_~v ~ ~ ~r ~- 1- ~, ~ ....' q, "'" Q 'fl, %,~ ~'<.-- fru -'IF). ~ ~q d) \\". \ '(~q; . - cP '1:_~ '~f~. ~ .~~ ~~~ ~ ~ :2. '"