HomeMy WebLinkAbout04-5886
(.?
Jambeth Investments, L.L.C.
C/o Irvin Povlow, member
657Dorando Court
Marco Island, Florida 34145
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION-LAW
Jambeth Investments, L.L.C.,
Plaintiff
VS.
NO. 04. 5'1"-6(, ~~j,-
Action To Quiet Title
Marvin C. Kieffer
and each of his personal
representatives, executors, administrators,
successors, and assigns, and all persons
or entities having or claiming to have any
right, lien, title, interest in or claim against
that lot or piece of ground herein described,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims 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 claim set forth against you. You are wamed that f you fail to do so
the case may proceed without you had 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 plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
4th floor, Cumberland County Courthouse
Carlisle, Pa. 17013
717-240-6200
Jambeth Investments, L.L.C.
CIa Irvin Povlow
657 Dorando Court
Marco Island, Florida 34145
239-393-6306
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION-LAW
Jambeth Investments, L.L.C.,
Plaintiff
VS.
NO. 0 lj . s- f Y6 C;;zj---r:-
Action To Quiet Title
Marvin C. Kieffer and each of his personal
representatives, executors, administrators,
successors, and assigns, and all persons
or entities having or claiming to have any
right, lien, title, interest in or claim against
that lot or piece of ground herein described,
Defendants
COMPLAINT
1. Plaintiff is Jambeth Investments, L.L.C., c/o Irvin E. Povlow, member, whose address
is: Irvin E. Povlow, 657 Dorando Court, Marco Island, Florida 34145.
2. Defendants Marvin C. Kieffer ,and each of his respective personal representatives,
executors, administrators, successors, and assigns, and all persons or entities having or
claiming to have any right, lien, title, interest in or claim against that lot or piece of
ground herein described in paragraph #3 herein and in Exhibit "A."
3.The premises in question, the subject of this suit, is:
ALL THAT CERTAIN lot and piece of ground with the buildings and improvements
thereon erected, SITUATE in the Township of Unity, County of Westmoreland and State
of Pennsylvania, bounded and described, as follows, to wit:
BEING TAX PARCEL NO. 41-13-0108-049.
BEING WERE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO &
HEREAFTER REFERRED TO AS "PROPERTY.;;-
4. On September 23, 2004, the Tax Claim Bureau of Cumberland County conducted an
Upset Tax Safe for the non-payment of taxes, at which sale the aforesaid premises was
sold to Jambeth Investments, L.L.C.
5. On the date of the aforesaid Upset Tax Sale on September 23, 2004, the last deed of record in
the County courthouse to the aforesaid property was that Marvin C. Kieffer, Administrator of the
Estate of Mary Fay Kieffer, deceased, by Deed 11/29/1969, and recorded in Record Book 23.-M
page 166, granted and conveyed unto Marvin C. Kieffer.
6. Because of the uncertainties concomitant to the validity of tax safes generally, a cloud
exists upon Plaintiff's title.
7. Upon diligent inquiry, no person or persons have been found who have or claim to
have any right, title, interest in or claim against the aforesaid premises, unless it is those
named herein.
WHEREFORE, the plaintiffs pray that your Honorable Court will enter an Order, provided
as follows:
That the defendant, Marvin C. Kieffer and each of his respective representatives,
executors, administrators, successors and assigns and all persons or entities having or
claiming to have any right, lien, title, interest, in or claim against these lots or pieces of
ground herein named, shall be forever barred from asserting any right, lien, title, interest
in or claim against those lots or pieces of ground herein named inconsistent with the title
and interest of the plaintiffs and that the title of the plaintiffs to their lots and pieces of
ground is valid and indefeasible as against all rights, liens, titles, interest and claims
whatsoever and that the plaintiffs are entitled to possession of the aforesaid premises.
Unless Defendants take such action as directed by the court within thirty (30) days after
the date of the proposed court Order the Prothonotary be directed to enter Final
Judgment on Praecipe of the plaintiff, all pursuant to Pa. R.C.P. 1066.
JAM BETH INVESTMENTS, L.L.C.
~in E. Pov\ow, m
Dated: October 28, 2004
w,.1
<(jf
.:---
~ 'w.'
~w' , '.
.~ .
..:.
c. . . ~ . "^ I,
;Q<\\\~.\1-, , . .-\'
.. ::
.'
'. t,:.: ~,:<;' ..~:,~~.. ..,. ,
\.~.s :z":;''A..e:~.',' ~. 'J~~~; .m..'
.. . 0 ';;"1'11'. .... ~YUJ' ~"'"'~, ..,., 'II"
~ ".:t\J_~4.'~'u;:... ',' ;-. . . . , -,":
,... , . 0';' ',2?th .,..,. 'op.~ ,..__tf-IMJOw.
..:- ""-'~.-..,~, SlatJ.JflJle 1.1"".
____. ,) .' o. . . .
i' , :' '. : 1ttiIwa; .:bMi.. c. rietr8r.' *1nl....cor Or" tbI Baale. fit Ilar7
. i ' . . ,., nett..,.......... Ja" ot tile 1I0l'0l1&l1 of ....laCOlll, DeUJlll1..
'. Cauiat:sr...~lNIlSa, o..atoP. ......., ot.. .1's.l'-:t 1'il".
. i- ' ' .. ;- . . .'
'~ . dI1.
~ . I . . I
, . . ......1. Cl~.J:iel'r.I"".u_"" ot UI8 lIa14 Bo~ ot ._.~RD1dl.
;." . eo--., apl'-'_ lif~, lfNDtAI, part,. . .
~ . . i
......... DIib-~'
, I
" 0
i'"
.
t.: .::.:. . .'." ..'
. '. '1,
! . . .
.... .
.'
;., .' " .... ..,/: .w-
I , ~ . I ~.:' I
~ .1'.: .~:': ...:' .' <. :<:..' ,':. " ~: ..
J' ':' :: \,.;....."".. . ::,.. ~.Il\"' .,,;, ..-11,., , '..~";'';''.;.,~;.~' ,;"
. ' . of.' .. '.. ( .~ 00 '1 .' .' .
J:: ,.~'",.;" "':.,.i'-';;"., .'~~" --~~ ~i:Ii::;",,:'~,::=
.: '.' "".,.,-'I~ .._-.,.".,-:!_~ ~ _--'~' .
.... ~.'"h..- ['l'\ .. - ----,
t.' '. . . itIItW, ff/IIttIII, ....,..~ rttJ ..".. -' .. .. -- .... . .,....,.,.,.,..,
o '. '. . .... .".,. ....; ........ ." ..,.. ~ '" .. ,." .., ... __ ,., .
; .,..;..... '.' . "1a~ ....."....... ' .
: .. "... '. ". ,.. .' "
ft. .. " Ail ~t ~ ~ 0l"'P.~1 or '~eAllllalllS li..te 111 sciu~
..: ' . . __. foIIutJi~! ~l~~ 04Itia~. 1'eIuIIItbU1ll 1l;e1- 1louIlIIe4 .... .
...' : "Rr1!M1l1" ~~. . ',' .
:":~,, :'. .:.. ~IIJ a* . _ ooPur' of a4Jof,nlIlC tot WO..1 C-. 8IU'WQ) J
: ..~I '. =~tlIe"''''I1t:.'1;,~i)~r:-~1:'l~~=-:; :::1;1atd
. _ or ~.. of' .1_ ..... _\1\ tweat.,r-- (211 II.....,. ..at.
. ...., .""'..us. (96) .ftI'O!IH to. PM" *..... to. Ifo. . C..... .ur.n.r)
I ."'. . '.Olit;h t1nF-n.. (1.1) ...... _.~ tIlil"tT-1lba ... 2/101;11. <<:19.2)
I' . : ' """"1110 Ii .JINt;j ...... . tlIIIl 1aJIt nlMf at' r.......1,r ot Dr. .9111 .
'" . iIorIIII tfl\ Q UI ,~J'....... "'. 81"',,,,U (96) ~ to tile .,
. ')alee of IIliCilllllitl. COlBIIbIO. tllimt7-tllO (22) ..... '04 0fIe hllllllrecl !
. i' '. ' tweIt"~ (128) ...... .vlot ........ ,... :
. . AID .!BIJfO * .... ta'U1: ot lalll 1II11al1 r..e D. II.~"'.. ..soutOI' 0': ;
; ,be .Jut IIUI end !'e......., of ""011 II. Jla8etll. ~ \IF tlu 4-..4'
I '. '.~ AJlII'l"11?1 1!,2 <<lid l'licordllil ill tlb. Ioeord'e.. or ne.a. Ort1>:6' III
1 ,. . . , ,"Il'l t.. CUlbeP_ ClIUlI?lr. la. 111 DMllIlaoll ~A'. "01_ 1'. hft p, .
: ' '," .....HI _ ~ 111I1:0 liar, ,.,. Itl"fm. lID ... old Kart to)'
I' . . a."or~ 1Ilftt_ or Ian1. O. nett... o......c. 4eparqd tUs Ute
~ i . ....:. OD ~1). 2't; l~! . Wu.... of' AdillDUtJ'attOD lID .Iler ..ute ....
"j '.. .......... .to IiNu' ...___, IllMiD C. Kieffer, p81"l:.r or ihe aeqolll
j . put haa'elll. ..... _",. .. ~ . .
~ ':' !bi. is' . deld. ot ~W"'Uoa. t_ .tet.. or nfo u lie. i1Pbad ...
i!:.' :...... :.~r ~... .'
,!_: ',: ,t.
l
" "'.
. .. ~ ."
~. ;,.. <,.
: t .'..
'.
. . .".
,'. ,
t. -0';" .
. - o. .'
,,: ~.,_.J_..,
'. . . ~
. .: .:~ :~~--: ~.''''~''..~'':' :. :...~.
, , Lll 'J . KOO9tUtL Ur J(I1j
~'~iJ'.p.~ ;"0 IlIi StIli 1lJ:f'tlJoZ-sZ-JOO
VERIFICATION
The averments or denials of facts contained in the foregoing are true based upon
the signer's personal knowledge, information or belief. If the foregoing contains
averments which are inconsistent in fact, signer has been unable, after
reasonable investigation, to ascertain which of the inconsistent averments are
true, but signer has knowledge or information sufficient to form a belief that one
of these is true.
This verification is made subject to the penalties of 18 Pennsylvania C.S. 4904
relating to unsworn falsification to authorities.
Date: October 29, 2004
th Investments, L.L.C.
0 f'oo..> 0
=
c = "
.,&.-
~ ?::: z :r!::n
"Un) 0
~~;r < n'r-
~ ~ -om
~~: ('~~~ N ~6
~ ~:::: w
~ t:== r;J ........,...
-.0 :i- -0 r~~
~ w ~ .iQ :x ~ ()'
~ 5;:U (5rT1
...:. ~ c: ~ -'...
~ " ~ N ~
""'" ..... =<
~
~
~.
\
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION-LAW
JAM BETH INVESTMENTS, L.L.C.,
Plaintiff
Vs.
No. 04-5886 Civil Term
MARVIN C. KIEFFER, et ai,
Defendants
MOTION FOR DEFAULT JUDGMENT
Plaintiff, Jambeth Investments, L.L.C., pro se, files of this motion for default
judgment against defendant and in support thereof avers the following:
1. This is an action to quiet title in which plaintiff requests that defendant,
Marvin C. Kieffer, and any person claiming under defendant be
permanently enjoined and re-strained from asserting any claim or interest
in or to real property described in plaintiff's complaint, a copy of which is
attached as Exhibit "A. "
2. On or about December 2, 2004, this Honorable Court entered an Order that
the plaintiff shall serve the defendant by publishing a Notice to Defendant of
the filing of an Action to Quiet Title and, inter alia, describing the land subject
thereof, its location, the civil action number of the county Prothonotary and
the relief requested.
3. Attached as Exhibit "B" is the Proof of Publication of Notice in the
Cumberland County Law Journal that appeared on December 24, 2004.
4. Attached as Exhibit "C" is an affidavit stating that defendant has not filed
an answer to the complaint.
5. PA R.C.P. 1066 (a) allows the Court to grant appropriate relief on affidavit
that a complaint containing notice to defend has been served and defendant has
not filed an answer.
WHEREFORE, plaintiff requests this Court to enter an order of default judgment
against defendant, Marvin C. Kieffer, et ai, pursuant to PA. R.C.P. No. 1066 (a).
"
,
EX~i~iT~A"ry ~
<:
\,.
,;:.",..,
~.~
.~'nI!:
.~- , I \.~ a
t;~.~ ~ tl. :
.: "~;n.~:~~;~\~ .
, "
31nbtnturt,i
,~.;,
'.' ~\Jg
.. mIlt
..,.,,,..,_IMoIQw:
.,
:. ~9th "'1/. 'OY~_
: r......If.;,~~' 5'."....1D1 119&9).
----- ' . .
", .,; .....;' ..a..r..nra'~. '-t..rrU" ""nblrnor Dr' "lM ..cate .r 1tart
'. h:1 l1ett.r,'~. lat. or ttl. lot'cnadI ot ....In.... Dluptlllt
". coi.lDtJ'..."haur1..1I1... ~ator, Par~,. or.be "l,.~t Pitl't~
lllll.
. irfaM.'111 G~ .Il.rr.!",' .it........ or tI:I. ..1.4 BG"usft or 8\U11l1.~.tdD,
Coua'" . . SloaN 1It'....~, ar:-n~', pan" .
i
i,
i
r "
..
i
I ..
~
1
I.
i' I
'i'
.' ."
..~""_ ..~., r';'.IIIItI,.",..,.."J_~.I"~;'~
::j,,~"-":':':,},' J::,OU ~ ~ .~.~ ',.q~ J,.....J".,J '" 11M --
,.,_.."",,,,,,, .,.,.,.,.,..,_~.~_~"*"""If.."fI.
~ - ...,... ~ ~. '" .~ _I " ..... pw.WIIt, ~..'
"'4......,.""......,..~--,.-- jrffIlIhlftl... ,~.~ ,
. .....,w.4....,.,....,._.".~,.,..t-', ..,,.,.....,., ,
';.,.- .~~~~~. .
All t;~t ~..t:. pU~ or' P.~1 of ._D~lA lalll a1.'''<< \.n ~th
..... '''....bl'! c....rl.._ CoWl.. ha.,ln81. 'bel", bOundM add.
'''llJI"1tJ1O U tp Ion;. ,- . . : - .
iIIaimlll.. . ~ ......;.r o4l...1ne"" ....1 l..... .......'1
tbUSO.,. tbe .... .tot 110. 1 - ao1'th nt01-nh (" dtlCNe....t
GlIlrtr-alM" r/lOih. C:J9.i).pel'ClMa tD' ~ti thlliDCM '01" lih. laid
Ian .. ~.. of 1-.. Kun. _.h t~-oJMi t211 4..,.... "", .
.1ne"__u.. t,,) ~. to. peNlij thallH " laoti 110. .. (.... sUrle.r)
. .outh. tlttJ'-fiYll (~J c1~' ...t. thlpt,.n1a. .... 2/10tlll ()9.2)
o-reMIl tuJ . ,poIt. ,be.. .. W laM now or r.....rl3' ~ Ur-~ linl-D
nortIb t_bJ'...., l~H .~. ..lit. Dld',__U (96) ptthhoI tD tile .
p'leoe or beIlDllg.. COftAIIlII'O.l.ifUtJ-ho (2.2) ""1 .. DDI hundred
t-....~...1&tlt Cllt6) ptNthe. 'bioi; aeal1lrl. - . ,
AJII) !811fCl tate .... ltU, or 1f.1Ill w1tlatl tie D. lIclW~b'.. ...sou.to..' or' ;
tobli -18atll1111 aDd t'e,e_.~ or J~ob N. I114htb. Caq......, hi_ de.o.
',d.ll.... 4prll17L1"Z alld I'fttd"tJJIit 111 tM I~.-; or rre.a.. Ortle.' \~
Ill,..! tor C..bIr],llDd 0,"",." .... .lD DeIl1 fIoak 'AI, Vql_e 1.,. Pan 9' '
....'11... ... Oo"",,ed 1lIIto KarT .,.,. I'l..trw. AID title .aid PIer, ,., J
a_tter.JI Ill,... ot~"'..111 O. .latter, 0.0....., .*PI'rttlCl tb.lc Ufe
on At'>"t1l. flj, ..9(;' . z.u..r. 0' A4illaUtHUOD ob II*" '.Wi" were
&NI1ttd wato IaN' ~aaad. .......U C. 11_ft.,.-. part,. or 'lie .eQolI:I
patot h.reh. b.. h.lr A' law.
!bill b . ue4. of 6ht:i-s.-,\J,Oh r~ Eeb.t. 01' 'IIUe to bar huabUd .,.
b. tlell". .'
!
i
,.
II,
!
"
..'"
, _?23acEis$.'
.~,__.,.M...
. --......
I '
j
. .-,
.,'
'~OO9tZLlL '(11'11:1
p..j..qm ,... W !it.1I IU 'tlIOl~-J.OO
LO'd
I
{:x~\'v;\\ '4 % 11
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), p, L.1784
COMMONWEALTH OF PENNSYL VANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, ofthe 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 subj ect
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,
Li~ Marie Coyne Editor
SWORN TO AND SUBSCRIBED before me this
24 day of DECEMBER. 2004
~,,~),I. J~dp/U
Notary
CUMBERLAND LAW JOURNAL
ACTION TO QUIET TITLE
NOTICE
In the Court of Common Pleas of
Cumberland County, PA
Civil Action-Law
No. 04-5886 Civil Term
TO: Marvin C. Kieffer and his and
each of his devisees. and assigns,
and all persons or entities having
or claiming to have any light, lien,
title. interest in or claim against
that lot or piece of ground herein
described as Real Property Tax
Parcel 41-13-0108-049, AKA
High Mountain Road. South New-
ton Township. Cumberland Coun-
ty, PA
TAKE NOTICE that Jambeth In-
vestments, L.L.C. has filed a Com-
plaint in Action to Quiet Title in the
aforesaid Court as of the above term
and number, of avening its interest
based on an Upset Tax sale of Real
Property sold to Jambeth Invest-
ments, L.L.C. on 9/23/2004 and
praying the Court to adjudicate and
decree its title and right of posses-
sion to said premises. more particu-
larly described in this said Com-
plaint, indefeasible as against all
rights and claims whatsoever, and
you are hereby notified to file an
Answer within twenty (20) days fol-
lowing the date of this publication.
in the default of which an Order
may be entered as prayed for against
you, requiring you to take such ac-
tion as may be ordered by the Court
within thirty days after the entry of
such Order in default of which final
judgment shall be entered.
If you wish to defend, you must
enter a Wlitten appearance person-
ally or by attorney and file your de-
fenses or objections in Wliting with
the Court. You are warned that if
you fail to do so the case may pro-
ceed without you and judgment may
be entered against you without fur-
ther notice for the relief requested
by plaintiff. You may lose money or
property or other lights important
to you.
YOU SHOULD TAKE THIS NO-
TICE TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO 1D
OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET HELP.
cumberland County
Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Dec. 24
6
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION-LAW
JAMBETH INVESTMENTS, L.L.C"
Plaintiff
Vs,
No, 04-5886 Civil Term
MARVIN C. KIEFFER, et ai,
Defendants
~i\ir\ \\~/'
AFFIDAVIT OF SERVICfg
STATE OF FLORIDA:
COUNTY OF COLLIER:
S.S.:
Irvin E. Povlow, being duly sworn according to law, deposes and says that I am
the managing member of the plaintiff in the above captioned matter, that I make
this Affidavit in support of our Motion for an Order for Special Service.
1. This action was commenced on November 23, 2004.
2. The property known as High Mountain Road, South Newton Township,
Cumberland County, Pa. was sold at the Cumberland County Upset Tax Sale on
September 23, 2004, and the plaintiff, was the successful bidder.
3. This is an action to quiet title in which plaintiff requests that defendant,
Marvin C. Kieffer, and any person claiming under defendant be
permanently enjoined and re-strained from asserting any claim or interest
in or to real property described in plaintiff's complaint, a copy of which is
attached as Exhibit "A"
4. On or about December 2, 2004, this Honorable Court entered an Order
that the plaintiff shall serve the defendant by publishing a Notice to Defendant
of the filing of an Action to Quiet Title and, inter alia, describing the land
subject thereof, its location, the civil action number of the county Prothonotary
and the relief requested.
5. Attached as Exhibit "B" is the Proof of Publication of Notice in the
Cumberland County Law Journal that appeared on December 24, 2004.
6. As of the date of the preparation and execution of this
defendant has not filed an Answer om plaint.
vit the
Sworn to and subscribed before me
this 4th day of February, 2005,
daw.r.. Ii ~
Notary Public
.
f-- .....~,_-
... ,.~~. :''!\.'. . LAURA A. BURGO
'If'! H My COM. M.'SSION'DD031457
!i~i.!... '/ oXPIAES. June 5,2005
t!.~ _ "ilf.,~":"""" ~:.lIJU Pm, :>JOlllry PUblic Underwrlttrs
",. -..--.-..__.,--.~.~,._"" ,..
VERIFICA nON
The averments or denials of facts contained in the foregoing are true based upon
the signer's personal knowledge, information or belief. If the foregoing contains
averments which are inconsistent in fact, signer has been unable, after
reasonable investigation, to ascertain which of the inconsistent averments are
true, but signer has knowledge or information sufficient to form a belief that one
of these is true.
This verification is made subject to the penalties of 18 Pennsylvania C.S. 4904
relating to unsworn falsification to authorities.
Dale: February 4, 2005
(')
,
~I
("I"j
Ci:)
I
C,)
"-')
o
""
, ,
"'-
FE,B I) 9 ?I)O~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION-LAW
JAMBETH INVESTMENTS, L.L.C"
Plaintiff
Vs.
No. 04-5886 Civil Term
MARVIN C. KIEFFER, et ai,
Defendants
ORDER
AND NOW, this /I ~ day of f"dw~ ' 2005, Affidavit of Service having been filed and
no answer having been made by the defendants, Marvin C. Kieffer, et ai, his and each of his
devisees, heirs, personal representatives, executors, administrators, successors, and assigns
and all persons or entilies having or claiming to have any right, lien, title, interest in or claim
against that lot or piece of ground and premises described in paragraph NO.2 of the Complaint
and attached thereto as Exhibit "A", shall be forever barred from asserting any right, lien, title,
interest in or claim against those lots or pieces of ground above described, inconsistent with the
interest, title and claim of the plaintiffs and that the title of the plaintiffs to their lots and pieces of
ground with the buildings thereon erected is valid and indefeasible as against all rights, liens,
titles, interest and claims whatsoever, and It is FURTHER ORDERED that the defendants are
barred from issuing or maintaining any action attaCking the same and from attempting to
encumber, mortgage or convey the same or any part thereof and it is FURTHER ORDERED &
DECREED that the plaintiffs are entitled to possession of their lots and pieces of ground with the
buildings thereon unless exceptions be filed within thirty (30) days hereafter.
The Office of the Prothonotary is directed to enter Final Judgment on praecipe of the plaintiffs, if
exceptions are not filed within thirty (30) days of this Order.
o
~,\)
,,\
\)0r
J.
, ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION-LAW
JAMBETH INVESTMENTS, L.L.C"
Plaintiff
Vs.
No. 04-5886 Civil Term
MARVIN C, KIEFFER, et ai,
Defendants
MOTION FOR DEFAULT JUDGMENT
Plaintiff, Jambeth Investments, L.L.C., pro se, files of this motion for default
judgment against defendant and in support thereof avers the following:
1, This is an action to quiet title in which plaintiff requests that defendant,
Marvin C. Kieffer, and any person claiming under defendant be
permanently enjoined and re-strained from asserting any claim or interest
in or to real property described in plaintiff's complaint, a copy of which is
attached as Exhibit "A"
2, On or about December 2, 2004, this Honorable Court entered an Order that
the plaintiff shall serve the defendant by publishing a Notice to Defendant of
the filing of an Action to Quiet Title and, inter alia, describing the land subject
thereof, its location, the civil action number of the county Prothonotary and
the relief requested.
3. Attached as Exhibit "B" is the Proof of Publication of Notice in the
Cumberland County Law Journal that appeared on December 24, 2004.
4. Attached as Exhibit "C" is an affidavit stating that defendant has not filed
an answer to the complaint.
5. PA RC.P. 1066 (a) allows the Court to grant appropriate relief on affidavit
that a complaint containing notice to defend has been served and defendant has
not filed an answer,
WHEREFORE, plaintiff requests this Court to enter an order of default judgment
against defendant, Marvin C. Kieffer, et ai, pursuant to PA RC.P. No. 1066 (a).
'Ex+ti~.
.~
Ah~.
.<:
--.
\ \
\.
:,.,1""
.MOt'I~
. ,
,...:IIMPt.. Dlib-T~
, \;;al
"""a:. ., t\.
1.;~.~ ...
: \.~:li.~:~~;~l: .
.31nbtnlurt,
~.;,
~V6.V
illlbr mIlt
~
'.~'th ""if. ,",.bitt'
r..... .;, ~ '..J. Sid,..,,,. (1''9J,
. .
br....; ,"bM'~a' ~. kt.errn. i4alnlnretor or' the EIIt:~te or I1ary
.., l1etr.r; DdiNAd, lat. Df ttt. 101"0\IKh of ....11...,.... DauphlD
couiat,....h:Uayly.nl.. C!rantlOr. Part7 of-the "l~".fl !'art!
011II
....,..,_lM.IO',
.,
. "Mer'''1I c.,1.1.rr.,.....16~p.. 'Ot 'iDe ..LA Bo!'qLl8b of B\IIIlII.~.tOWD.
. Co.nil" ~'SM.U .roP*'a1~r Onbt...., pa!"tI'
{. ", .
j:
l-
I
i
.... '..,.~~. .,.~" :r~Uor..,,.,.,."....."'*.....,'IIl'~.~
":. a/tJ,,:...,.., ',:011 ("1.00}" ,: .
.,' ~...,.;~.,..IIrMtJ.....,........81'_"~b.''''',_,,.,r "'......
. ,......IIM""', .,.".",.,..flllltq_IIr..'.........,.,..J0H-4..ftff(t'.
""'''I!mI,: . JL11,r(. " b... "...,.JJ~'
...,~,......,.."fII'!'1!tl...-~-'Ir1,.....Jilflnlho!-.., .~........,.,.
. '.......,.....,......,..,.""".,."...tJ,.." .fi,.__,.,
," _'. ',' . 111.., .....~.. .
Ail t~t. ~i:. Plece 01'" p.roe1 or .000~ti.iD 11111I "10uat41 La SOI&t.h
,"toll fOlfUblSt! c".....1..~ CoWl"', Part8tlftlDla belq. b6111'lded. aad:
~.c~bt4 .. tp l~:- " _.' .
iBatllJiIIG- at . pOR COrltlJ' ot" adJolnlQ Lot 110. 3. ll,..118 awn,.),
theno'. b1 the .... Lot: 11'0. 1 aDrth rlt,,-n.-. {" bcrel. ....t
tnlrt.r-1l1Jlll ani 2/10'hl ('9oJ) ,peNh.. to _ llca:ti: tM~ bJ' 'll. ),ana.
. now OP ~II. of' .1.... lIGON. .r;na\h t"'lI\7..nt (211 degN" ...at,
.ine.,....tz:, (96) ",rob" to. poet, tbeaoe b1 tot: 110. ". (.... wrYQ')
'.outk tLttr-ri" ",) desra-a ...t tbl~t'.nia. aid 2/10thl (39.2)
~l to a: .poIt" 'MMI .. t.h. land now 01' fDl"lleru or D..~ JI..1II
nort~ t~t,_o.._ fill' .~. ...t, ala_".tla (9') percholto t". .
placet or hqinalg. COJl'l'AIJIIIO.t...nt,...bo (2.'I:) 801"''' end one hUlII!tecl
t...t,~LP\ (121) pwcM" 1\1'10\ al8ture. _,' '. - "
AItD .1", t... ... tract ot la'" .blah Lie D. ItciMtb .. '''loutOl" or' (
tbli'laat Wll1 ead 1'I.e....t at Juab H. JIIcaeth. Ceo...... q, Me d..s.
';-de'''' &;P'l'1'111,l952 6114 .-.cord_ 1D the Beeorder ar n.'~. Ot"l'lee Irs
..,,,! tw C....bel"18bd Ccnlnt,. la. in ~ BoDk 'J.', YoltMIc 15, par. 9.
Cted. qd 00:1..'" antD MarT Pa7 It'l..rrer. Arm the nid Ma", '7
la^t!r'rt tllte~ G.f. r"~~ta... 1."frt~!!lDoo". ....11 departld. th.1a 11te
OD t', ll!9,.91 . _ r 0 __ aU rat; Oft on, ber ..t.dt"e were
gnr:It<<l UIlIto MJo' ~~n4. KarYltl C. K1arrer. pe.r-tJ" or thet ncoll:l
part 11....h. nap bell" ':I' law. . . .
!b1. it . d..d. of dt.trlblJU.oli t.t'Cla m.t,te or ",Ho to !I._I' buibaM ...
bet'tlei,l'. .
!
,
,.
I
!
I,
i
, _? 231l111s1i .'
---.......
I '
.-i
I
,
LO 'd
"t€OOS~WL 'CiI11);
pu.i.l.qn~, ..4:1 RU 9ll:1I HI~ tJOOZ-8Z-.lOO
.'~
i.
{)(~\'i\\ \J % \]
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.
A1=
Li&A Marie Coyne Editor
SWORN TO AND SUBSCRIBED before me this
24 day of DECEMBER. 2004
~ ,,'L.< /;. ~ri(A/
Notary
CUMBERLAND LAW JOURNAL
ACTION TO QUIET TITLE
NOTICE
In the Court of Common Pleas of
Cumberland County, PA
Civil Action-Law
No. 04-5886 CiVil Term
TO: MalVin C. Kieffer and his and
each of his devisees, and assigns,
and aU persons or entities having
or claiming to have any right, lien,
title, interest In or claim against
that Jot or piece of ground herein
described as Real Property Tax
Parcel 41-13-0108-049, AKA
High Mountain Road, South New~
ton Township, Cumberland Coun~
ty, PA
TAKE NOTICE that Jambeth In-
vestments, L.L.C. has filed a Com~
plaint in Action to Quiet Title in the
aforesaid Court as of the above term
and number, of averring its interest
based on an Upset Tax sale of Real
Property sold to Jambeth Invest-
ments, L.L.C. on 9/23/2004 and
praying the Court to adjudicate and
decree its title and right of posses-
sion to said premJses, marc particu ~
lady described in this said Com~
plaint, indefeasible as against all
rights and claims whatsoever, and
you are hereby notified to file an
Answer within twenty (20) days fol~
lowing the date of this publication,
in the default of which an Order
may be entered as prayed for against
vou, requiring you to take such ac-
tion as may be ordered by the Court
within thirty days aftcr the entry of
such Order in default of which final
judgment shalJ be entered,
If you wish to defend, you must
enter a \vritten appearance person-
ally or by attomcy and file your de-
fenses or objections in writing With
the Court You are warned that if
you fail to do so the case may pro-
ceed without you and judgment may
be entered agalnst you without fur-
ther notice for the reItef requested
by plaintiff. You may lose money or
property or other lights important
to you.
YOU SHOULD TAKE THIS NO-
TICE TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET HELP.
Cumberland County
Bar Association
32 South Bedford Street
Carlisle. PA 17013
1717) 249-3166
Dec. 24
6
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION-LAW
JAMBETH INVESTMENTS, L.L.C.,
Plaintiff
Vs.
No, 04-5886 Civil Term
MARVIN C. KIEFFER, et ai,
Defendants
~i\irr \\~ I,
AFFIDAVIT OF SERVICE
STATE OF FLORIDA:
COUNTY OF COLLIER:
S.S.:
Irvin E. Povlow, being duly sworn according to law, deposes and says that I am
the managing member of the plaintiff in the above captioned matter, that I make
this Affidavit in support of our Motion for an Order for Special Service.
1. This action was commenced on November 23, 2004.
2. The property known as High Mountain Road, South Newton Township,
Cumberland County, Pa. was sold at the Cumberland County Upset Tax Sale on
September 23, 2004, and the plaintiff, was the successful bidder.
3. This is an action to quiet title in which plaintiff requests that defendant,
Marvin C. Kieffer, and any person claiming under defendant be
permanently enjoined and re-strained from asserting any claim or interest
in or to real property described in plaintiff's complaint, a copy of which is
attached as Exhibit "A."
4. On or about December 2, 2004, this Honorable Court entered an Order
that the plaintiff shall serve the defendant by publishing a Notice to Defendant
of the filing of an Action to Quiet Title and, inter alia, describing the land
subject thereof, its location, the civil action number of the county Prothonotary
and the relief requested,
5. Attached as Exhibit "B" is the Proof of Publication of Notice in the
Cumberland County Law Journal that appeared on December 24, 2004.
6, As of the date of the preparation and execution of this
defendant has not filed an Answer omplaint.
.'~~'\'iriit.~ lAUAAA. BURGO
.I"! ;'\ M'COM. MISSION'OO0314S7
~i~;',.., '/ eXPIAES:JuneS,2005
tL" "'Rf..r.:...:_., .~~:'!! I Vi, :>JvCMy PuoIicUrldtrwrlWnr
--~.-< -.-., -- ',...' ~-".' ',- ". -",
,
VERIFICATION
The averments or denials of facts contained in the foregoing are true based upon
the signer's personal knowledge, information or belief. If the foregoing contains
averments which are inconsistent in fact, signer has been unable, after
reasonable investigation, to ascertain which of the inconsistent averments are
true, but signer has knowledge or information sufficient to form a belief that one
of these is true,
This verification is made subject to the penalties of 18 Pennsylvania C.S. 4904
relating to unsworn falsification to authorities.
Date: February 4, 2005
i"."t
<..'
,
C.".1
~)
(',:":1
UJ
~.
~
FES 0 9 Z(JlJ~~
IRVIN E. POVLOW co,
657 Dorando Court
Marco Island, Florida 34145
239-393-6306
Date:
Cumberland County Prothonotary
S. Hanover Street
Carlisle, Pa. 17013
Re: Jambeth Investments, L,L.C, v. Marvin C. Kieffer, et al
Docket No. 04-5886 Civil Term
Dear Sir /Madame,
Enclosed herein please find an original and two copies of Motion for Default
Judgment and proposed Order together with a return envelope with postage
prepaid. Please file the original, deliver !!!!! ~ !!! the civil action sil!ninl! ;udl!e and
time stamp the copy and return to me, as soon as possible, in the enclosed envelope.
PLEASE NOTE THAT THIS ORDER MAYBE ENTERED
WITHOUT THE NORMAL TEN DAY NOTICE SINCE UNDER PA.
R.C.P. 1066 THERE WILL BE A 30 DAY PERIOD OF TIME
SUBSEQUENT TO ENTRY OF ORDER FOR DEFENDANT/S TO
FILE EXCEPTIONS TO THE ORDER.
THANK YOU.
V truly yours,
~
.Po ow
-
, . >
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION-LAW
JAMBETH INVESTMENTS, L.L.C.,
Plaintiff
Vs.
MARVIN C. KIEFFER, et ai,
Defendants
PRAECIPE ON ORDER
TO THE OFFICE OF THE PROTHONOTARY:
No. 04-5886 Civil Term
Please enter judgment against the defendant Marvin C. Kieffer, his and each of his devisees,
heirs, personal representatives, executors, administrators, successors, and assigns, and all
persons or entities having or claiming to have any right, lien, tille, interest in or claim against that
lot or piece of ground described in paragraph NO.2 and Exhibit "A" of the Complaint in this
maller, for failure to file exceptions within 30 days of the Order of February 11, 2005.
(
JUDGMENT
'"
AND NOW. this JJ day of March, 2005 Final Judgment is on hereby entered against Marvin C.
Kieffer, his and each of his devisees, heirs, personal representatives, executors, administrators,
successors, and assigns, and all persons or entities having or claiming to have any right, lien,
tille, interest in or claim against that lot or piece of ground described in paragraph No, 2 and
Exhibit "A".oflhe Complaint in this matter, for failure to file exceptions within thirty days oflhe
Order of February 11, 2005.
,
,
' , '
;,. ..:., ~",...
L "",, \ . :-" ,\*'\....
""'... '"J ~ ~ 1O'
0 ';;i\ S?
C~, f?
",-,' ~:!1
"':':> -,.~ ,'-'-' ::r.
\-r\ ~'~:'" '"'" p'1C
:;;:!: ~ ,-;,' . ::;a
--om
~ \ ~ (i) tV '8'h
'" CJJ
";\, "- \~> ',:, ~...t:\
-~:~, .- ;1 "'-:!1
; ~) C)
~'-" ;" "7-
'--. ..;.:.~ .- ~..y,",
~ .c: t:? "-\
t " ?:S 0 ?;
\"'-i ," ~
-~ d'
~ -\J ~
c'
b \ U, ,rL ~ ,01\,
I~+\~.
/;-ifi;:
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CML DMSION-LAW
JAMBETH INVESTMENTS, L.L.C.,
Plaintiff
Vs.
No. 04-5886 Civil Term
MARVIN C. KIEFFER, et ai,
Defendants
OR
AND NOW, this \ \\"'daY of ~b fMC , 200&, Affidavit of Service having been filed and
no answer having been made by the dflreiic ,Marvin C. Kieffer, el: ai, his and each of his
devisees, heirs, personal representatives, ors, administrators, successors, and assigns
and all persons or entities having or claimi to have any right, lien, tille, interest in or claim
against that lot or piece of ground and premises described in paragraph No. 2 of the Complaint
and attached thereto as Exhibit "A", shall be forever barred from asserting any right, lien, title,
interest in or claim against those lots or pieces of ground above described, inoonsistent with the
interest, tilIe and claim of the plaintiffs and that the tilIe of the plaintiffs to their lots and pieces of
ground with the buildings thereon erected is valid and indefeasible as against all rights, liens,
titles, interest and claims whatsoever, and it Is FURTHER ORDERED that the defendants are
barred from issuing or maintaining any action attacking the same and from attempting to
encumber, mortgage or convey the same or any part thereof and it is FURTHER ORDERED &
DECREED that the plaintiffs are entitled to possession of their lots and pieces of ground with the
buildings thereon unless exceptions be filed within thirty (30) days hereafter.
The Oflice of the Prothonotary Is directed to enter Final Judgment on praecipe of the plaintiffs, if
exceptions are not filed within thirty (30) days of this Order.
BY THE COURT,
J.
-'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION-LAW
JAMBETH INVESTMENTS, L.L.C.,
Plaintiff
Vs,
No. 04-5886 Civil Tenn
MARVIN C. KIEFFER, et ai,
Defendants
236 NOTICE
In Re: JAMBETH INVESTMENTS, L.L.c, V. MARVIN C. KIEFFER, et aI
04-5886 Civil Term
ACTION NO. 04-5886 Civil Term
TYPE: Action to Quiet Title and for Possession
In accordance with the provisions ofPa. R.C.P, 236, you are notified that a
( x ) Judgment
( ) Order of Court
( ) Decree of Court
was entered on in the above captioned matter.
Cumberland County Courthouse
Cumberland County Prothonotary
I Courthouse Square
Carlisle, Pa. 17013