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HomeMy WebLinkAbout13-3262 Supreme Cou.• o: Pennsylvania COUr, .Of>Comrno Pleas For Prothonotary Use Only: C vilicdver,Sh,eet Docket No: �sl Ciara�rirland" „rte County / .3— 3,216-, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Martha M. Peters David R. Black, his successors and assigns Dollar Amount Requested: El within arbitration limits I Are money damages requested? M Yes El No (check one) E]outside arbitration limits O N Is this a Class Action Suit? 171, Yes M No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff/Appellant's Attorney: Jason E. Kelso, Esq. Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional E3 Buyer Plaintiff Administrative Agencies rl Malicious Prosecution © Debt Collection:Credit Card Ml Board of Assessment ®i Motor Vehicle Debt Collection:Other 0 Board of Elections 0 Nuisance Dept.of Transportation n Premises Liability H Statutory Appeal:Other S Fni Product Liability(does not include E mass tort) ® Employment Dispute: Slander/Libel/Defamation Discrimination C E! Other: Employment Dispute:Other El Zoning Board T [3 Other: I r7l Other: O MASS TORT ® Asbestos N 17 Tobacco M Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste C Ejectment [I Common Law/Statutory Arbitration B [3 Other: Mi Eminent Domain/Condemnation r-3 Declaratory Judgment 0 Ground Rent ® Mandamus El Landlord/Tenant Dispute M Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [I Mortgage Foreclosure:Commercial 13 Quo Warranto M Dental 3 Partition IM Replevin ® Legal 0 Quiet Title Other: Medical M Other: ® Other Professional: Updated 1/1/2011 MARTHA M. PETERS , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. . NO. /3 DAVID R. BLACK,his heirs, successors CIVIL ACTION—AT LAW and assigns, and BETTY M.MAINENTI, : her heirs, successors, and assigns, : ACTION TO QUIET TITLE Defendants. NOTICE You have been sued in court. If you wish to defend 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 Telephone No. (717) 249-3166 CIO CD ;_.. lo 3. 75-pd' f9 �g/S 7S MARTHA M. PETERS , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DAVID R. BLACK, his heirs, successors CIVIL ACTION—AT LAW and assigns, and BETTY M. MAINENTI, : her heirs, successors, and assigns, : ACTION TO QUIET TITLE Defendants. COMPLAINT AND NOW, comes Plaintiff in the above-captioned matter by and through her counsel, SALZMANN HUGHES, P.C., and files this Complaint in an Action to Quiet Title against the above- designated defendants, and in support thereof sets forth the following: 1. Plaintiff, Martha M. Peters, is an adult individual residing at 99 Wolf Lane, Newville, Pennsylvania 17241. 2. Defendant, David R. Black, his heirs, successors and assigns was the owner of real property known and numbered as 440 Burgners Road, Carlisle, Pennsylvania 17015 by virtue of the deed dated April 17, 1943 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book R Volume 12 Page 147, which said Deed is attached hereto as Exhibit "A" and incorporated herein by reference. 3. David R. Black departed this life, testate, on December 16, 1969 and his will was entered into probate at Estate No. 21-70-13 in the Office of the Register of Wills in and for Cumberland County, Pennsylvania. A true and correct copy of the Will of David R. Black entered into probate is attached here to as Exhibit`B" and incorporated herein by reference. 4. The Will of David R. Black placed all of his real and personal property in Trust for the benefit of his daughter, Edna Jane Black. 5. Upon the death of Edna Jane Black, the remaining principal, interest, increments and unexpended interest of the trust for the benefit of Edna Jane Black was given, devised and bequeathed to Betty M. Mainenti. 6. Betty M. Mainenti predeceased the life estate beneficiary of David R. Black, Edna Jane Black, on December 31, 1981. Upon a search of the records of the Register of Wills in and for Cumberland County, Pennsylvania and to the best of Plaintiff's knowledge, no will was entered into probate and no estate was opened for Betty M. Mainenti. 7. Edna Jane Black departed this life on October 20, 2006. Upon a search of the records of the Register of Wills in and for Cumberland County, Pennsylvania and to the best of Plaintiff's knowledge, no will was entered into probate and no estate was opened for Edna Jane Black. 8. Betty M. Mainenti has two children, Plaintiff, Martha M. Peters, and Elizabeth L. Boyarski. 9. Elizabeth L. Boyarski renounced her right to inherit pursuant to a Renunciation of Right to Inherit dated September 25, 1987 and filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 340 Page 1084 in favor of Plaintiff, Martha M. Peters. A true and correct copy of the Renunciation of Right to Inherit dated September 15, 1987 is attached hereto as Exhibit"C" and incorporated herein by reference. 10. Betty M. Mainenti subdivided the real property owned by David R. Black into parcels as set forth on the Final Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S., dated June 20, 1978, revised August 21, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34 Page 9. A true and correct copy of the aforementioned Subdivision Plan is attached hereto as Exhibit"D" and incorporated herein by reference. 11. On October 11, 1978, Betty M. Mainenti granted and conveyed Lot No. 2 of the aforementioned Subdivision Plan to Henry L. Stuart, which said deed dated October 11, 1978 is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book C, Volume 28, Page 737. 12. A deed search revealed that Lot 1 of the aforementioned Subdivision Plan, also known as Tax Parcel 14-06-0037-062, (hereinafter"Lot 1 Premises") was never formally conveyed by Deed. 13. In October 1978, Plaintiff assumed possession and occupancy of Lot 1 Premises and claimed adversely against David R. Black, Betty M. Mainenti, Executrix of the Estate of David R. Black, the heirs of David R. Black, and the heirs of Betty M. Mainenti. 14. Since October 1978, after assuming occupancy of Lot 1 Premises, Plaintiff has resided in the residence located on Lot 1 Premises, has maintained Lot 1 Premises, has paid all real estate taxes on Lot 1 Premises, and has occupied, used and maintained by her actual, continuous, exclusive, visible, notorious, distinct, and hostile possession of Lot 1 Premises for more than twenty-one (21) years. 15. On November 29, 2006, Plaintiff executed a Statement of Claim of Ownership by Adverse Possession pursuant to 68 P.S. § 81 et. seq. and filed said Statement of Claim of Ownership by Adverse Possession in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 277 Page 3827 on November 30, 2006. A true and correct copy of the Statement of Claim of Ownership by Adverse Possession is attached hereto as Exhibit `B" and incorporated herein by reference. 16. By reason of the aforementioned Statement of Claim of Ownership by Adverse Possession, Plaintiff affirmatively declared her rights to Lot 1 Premises. 17. As of the date of this complaint, no party has challenged Plaintiff's rights in Lot 1 Premises or asserted rights to Lot 1 Premises. 18. Lot 1 Premises is described as follows: ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situated in Lower Frankford Township, Cumberland County, Pennsylvania, described as follows: BEGINNING at a spike in the center of Burgners Road, Township Road T-457 at the southeast corner of land now or formerly of W.S. Egolf; thence by said land now or formerly of W.S. Egolf, North 04 degrees 44 minutes 50 seconds East 336.46 feet to a stake at the southwest corner of Lot No. 2 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 2 on the hereinafter mentioned Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 feet to a stake at the southeast corner of Lot No. 2, aforesaid in line of land now or formerly of Betty Nelson; thence by said land now or formerly of Betty Nelson, South 06 degrees 11 minutes 24 seconds West 339.00 feet to a spike in the center line of Burgners Road; thence by the center line of Burgners Road North 84 degrees 20 minutes West 144.14 feet to a spike, the PLACE AT THE BEGINNING. CONTAINING 1.311 acre, more or less, and being Lot No. 1 on the Final Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S., dated June 20, 1978 revised August 21, 1978 and recorded in Cumberland County Plan Book 34, Page 9. 19. A search of the records at the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania revealed that there is no record of any conveyance from David R. Black and Betty Mainenti, Executrix of the Estate of David R. Black for the Lot 1 Premises. 20. To the best of Plaintiff's knowledge and belief, no one, other than her, has ever made a claim for possession of or for title to the Lot 1 Premises, nor has any action of ejectment or other proceeding has ever been instituted to obtain possession. 21. As set forth above, Plaintiff is the only remaining heir to the Lot 1 Premises. 22. As a result of the use and possession by Plaintiff of Lot 1 Premises, which use and possession has been actual, continuous, exclusive, visible, notorious, distinct and hostile for a period of time in excess of twenty-one (21) years, Plaintiff is the sole owner in fee simple of the Lot 1 Premises by adverse possession. WHEREFORE, Plaintiff prays that this Honorable Court enter a decree as follows: 1. Forever barring defendant and his heirs, personal representatives and assigns, from asserting any right, title or interest in or to the real estate described and declare Plaintiff the legal and equitable owner of Lot 1 of Final Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S., dated June 20, 1978, revised August 21, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 34 Page 9, unless within twenty (20) days from the date of the service of the Complaint, Defendants or their heirs, personal representatives or assigns commence an action in ejectment; 2. Determine Plaintiff is the legal owner of the Lot 1 Premises by reason of her adverse possession as set forth herein; 3. That these proceedings, or an authenticated copy thereof, shall at all times be taken as evidence of the facts decreed and established; and 4. Such other relief as this Honorable Court deems just and appropriate. Respectfully submitted, . SALZMANN HUGHES, P.0 Date: 13 B Ja s D. Hughes, Esquire S preme Court No.58884 Jason E. Kelso, Esquire Supreme Court No. 209107 354 Alexander Spring Road, Ste 1 Carlisle, PA 17015 (717) 249-6333 Attorneys for Plaintiff FLORRA MURRAY NORTH 12 DEGREES VIEST 21.5 PERCHES TO A PIN; NCE BY LAND OF THE HEIRS OF LYDIA n' BROUGH S7-UTH 79 DEGREES ''ZEST 11.6 PERCHES TO STONES; THENCE P SAME I ORTH 86-g DEGREES WEST 3.7 PERCHES TO A PIN; THENCE BY LAND OF INDIANIJA FLORRA MURRAY I'ITH 1 DEGREE VfEST, 17 PERCHES TO PEACE OF B INNING. CONTAINING 1 ACRE AND 114 PERCHES OF LAI,;` NEAT P,'EASURE. BEING T, SAME TRACT OF LAND I,7HICH HENRY LEESE AND ANNA ':OMAINE GEESE, HIS 'II FE, BY DEED 1 I OF EVEN DATE AN AB!"UT TO BE RECORDED, GRANTED AND CONVEYED II'!TO HELEN L. MYERS, THE PRESENT GRANTOR. REFERENCE THERE0, , BEING HAD W ILL MORE ILLY AIJD AT Li.:GE APPEAR. AND THE Si,ID GRANT, Z, DOES HEREBY COVEN' JT AND AGREE T;7 JND WITH THE SAID GRAfJTEES, THAT SHE, THE GRANTOR HER Hcl"ice' EX� U70RS AIJD AD{+11N 'TRATORS, .`,HALL .,I'; ) 'i!ILL GENERALLY.WAt2RANT AND FOREVER DEFI'ND THE HEREIN ABOVE DE.. RIBED PREha'IS_3, WITH THE HEREDIT.,MENTS AND APPURTENANCES, UNTO THE SAID G�ANTEES THEIR HE f:S'.A.tJD 1SS I GfJS, J` A l i!ST THE SAID GRAi'T)R, AflD AGAINST EVER`( OTFIE_R PERSON ` LA FULLY CLAIMING OR WHO SHALL REAFT CLkIM THE S VIE OR PART THEREOF. IN WITNESS WHEREOF, SAID GRAil 0 HAS HEREUNTO SET HER I--.JD AND SEAL THE DitTE AND YEAR FIRST ABOVE )+R ITTEN SEALED APJD DELIVERED IN THE PREu,ENCE OF HELEN L P':_. S (S;_AL) A. L. MYERS STATE OF PENNSYLVANIA ) I COUNTY OF YORK )5" ON THIS 17TH DAY OF F RIL A. D. 1943, BEFORE f4E JUSTICE )F THE PEACE IN AND FOR SAID COUNTY AND STATE CAME THE A .VE NAMED HF1EN L. MYERS, SING—E OMAN t.JU ACKNOWLEDGED THE FOREGOING DEED j TO BE HER ACT AND ED, AND DESIRED THE SAME TO BE REG ED .,S SUCH. VI I TIJESS MY H^D AND OFF I C I AL SEAL THE DAY AND YEAR AF "tE 1A I D. MY C(T,9 ].ST i.0 J. J JAN. 1948 ' I HEREBY ERTIFY THAT THE PRECISE RESIDED E OF THE V THIN C'?ANTEES IS DILLSBURG, PA. R 1 Cl1V1D. CO SOUTH MIDDLETON TWP 3 _ 9 L. MYi:R:_ FOR GRANTcF -------------------------------=------------------------------------------------------- THIS INDENTURE, I NO 5410 4 UNITED CST�TE� Ij DEED %1 65 MADE THE 17TH DA," OF APRIL IN THE YEAR OF OUR LORD PAR P C. J. PE IPER ET UX 0 INTER AL gqEVEIUE ONE THOUSAND NIN_ -iUNDRED AND FORTY THREE § 4 17/43 BETNEEN C. J. PEI-R AND t11NNIE R. PEIPEP., HIS U!!FE, T O DOWIRENTARY IE H OF CA . I DAVID R BLACK � __ . BOTH OF THE BOROI F:LISLE, COUNTY OF CUMBERLAND AND STATE OF PENPYYLVANIA, GRANTORS AND PARTIES OF THE j CON;;. sl.00 FIRST PART; AND LOC. LO,'IER FRANKFORD TV!P ¢ nAVID R. BLACK, OF THE BOP,OU(,i , COUNTY AND STATE AFORESAID, GRANTE DATED APRIL 17, 1943 `) AND PARTY OF THE SECOND PART; UIITNESSETH, THAT THE SAID PAP,TIE-S ENT APRIL 11, 1943 +) OF THE FIRST PART, FOR AND If! CONSIDERATION OF THESUM OF ONE ($1.00) --------------------------- DOLLAR AND OTHER GOOD AND VALU:BLE CONSIDERATION LAWFUL MONEY OF THE UNITED STATES OF AMERICA, WELL AND TRIILY PAID BY THE SAID P,GTY OF THE SECOND PART TO THE SAID PARTIES OF THE FIRST PART, AT AND Dfi"ORE THE ENSEALING AND DELIVERY OF THESE PRESENTS, THEE RECEIP WHEREOF IS HEREBY ACKNOWLEDGED, HAVE GRANTED, BARGAINED, SOID, ALIENED, ENFEOFFED, RELEASED, CON- VEYED AND CONFIRMED, AND BY THESE PRESENTS DO GRANT, Bi,RGAI!J, SELL,, ALIEN, ENFEOFF, RELEASE, CON- VEY AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART, HIS HEIRS AND ASSIGNS. ALL THAT CERTAIN TRACT OF LAND OR FARM SITUATE IN TJIE T(IWNSHIP OF LOWER FRANKFORD, COUNTY � OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBi.D AS FOLLOWS, TO WIT; j BEGINNING AT A POST AT THE PUBLIC ROAD LEADING FROM THE GREIDER'S MILL ROAD TO THE LINDSAY'S MILL ROAD; THENCE LAND NOW OR FORMERLY OF IDA MINNICH NO','"H 2' DEGREES EAST 96.2 PERCHES TO POST; THENCE BY LAUD NOW OR FORMERLY OF THE HEIRS OF JACOB NakILOR NORTH 88f DEGREES WEST 33.3 iPERCHES TO A POST; THENCE BY LAND NOW OR FORMERLY OF W. S. E;OLF, NOW DECEASED, SOUTH 22 DEGREES EAST 98.3 PERCHES TO POST AT THE AFORESAID PUBLIC' ROAD; THEf•J)E ALONG THAT ROAD NORTH 87-� DEGREES EAST 24.9 PERCHES TO THE PLACE OF BEGINNING, CONTAINING 17 k':RES,AI9D 103 PERCHES, MORE OR LESS. TOGETHER WITH ALL THE ,RIGHT, TITLE AND INTEREST TO THE ADJOINING LAND IN THE SAID PUBLIC ROAD. THE PREMISES HEREIN DESCRIBED ARE THE SAME THAT THE CA'2LISLE DEPOSIT BANK & TRUST COMPANY BY !h TS DEED DATED THE 15TH DAY OF NOVEMBER, 1941, AND DULY "-CORDED IN THE OFFICE OF THE RECORDER i OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND AND STATE OF PFdNSYLVANIA, IN DEED BOOK L, VOLUME i 12, PAGE 418, SOLD AND CONVEYED TO C. J. PEIPrR AND MINNIE ?. P-I PER, HIS WIFE, THE GRANTORS HEREIN NAMED, IN FEE. TOGETHER WITH ALL AND SINGULAR, THE BUILDINGS, IMPROVEb.'-NTS WOODS WAYS, RIGHTS, LIBERTIES PRIVILEGES, HEREDITAMENTS AND APPURTENANCES, TO THE SAME BELONGING, OR IN ANY WISE APPERTAINING AND THE REVERSION AND' REVERS10NS; REMAINDER AND REMAINDERS, RENTS, ISSUES AND PROFITS THEREOF"' ' AND OF EVERY PART AND PARCEL THEREOF; AND ALSO, ALL THE ESTATE RIGHT, TITLE, INTEREST, PROPERTY ® T POSSESSION, CLAIM AND DEMAND WHATSOEVER, BOTH IN LAW AND EO"I TY, OF THE SAID PARTIES OF THE FIRST EXHIBI a PART, OF, IN, AND TO THE SAID PREMISES, WITH THE APPURTENANCES; TO HAVE AND TO HOLD THE SAID PREMISES, WITH ALL AND SINGULAR THE APPURTENANCES UNTO THE n f �u �t SAID PARTY OF THE SECOND PART, HIS HEIRS AND ASSIGNS, TO THE DULY PROPER USE, BENEFIT AND BEHOOF OF THE SAID PARTY OF THE SECOND PART, HIS HEIRS AND ASSIGNS FOREVER, �— AND THE SAID PARTIES OF THE FIRST PART HEREIN, FOR THEI:SELVES, AND THEIR HEIRS, EXECUTORS i 1, 148 AND ADMINISTRATORS, P BY THESE "RESENTS, COVENANT, GRANT AND AGREE, TO `AND WITH THE SAID PARTY OF THE SECOND P T, HIS HE ,S AND ASSIGNS FOREVER, MHAT THEY THE SAID PARTIES OF THE FIRST PART, AND THEIR HEIRS, ALL AND SINGULAR THE HEREDITMIENTS AND PREMISES HEREIN ABOVE DESCRIBED AND GRANTED, OR MENTICNED AND INTENDED SO TO BE, WITH THE APPURTENANCES, UNTO THE SAID PARTY OF THE SECOND PART, FIS HEIRS AND ASSIGNS, AGAINST THEM THE SAID PARTIES OF THE FIRST PART HEREIN, AND THEIR HEIRS, AND AGAINST ALL AND EVERY OTHER PERSON OR PERSONS, 111IOM- SOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF, SHALL AND WILL WARRANT AND FOREVER DEFEND. IN WITNESS VMEREOF, THE SA D PARTIES OF THE FIRST PART T O THESE PRESENTS HAVE HEREUNTO SET THEIR HANDS AND SEALS DATED THE DAY AND YEAR FIRST ABOVE WRITTEN. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF C. J. PEIPER (SEAL) JACOB M GOODYEAR 4 C. 0. MINNICH MINNIE R PEIPER (SEAL) STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND )SS ON THE 17TH DAY OF APRIL, 1943, BEFORE ME A DEPUTY RECORDER OF DEEDS IN AND FOR THE COUNTY AND STATE AFORESAID, "HE UNDER::IijNED OFFICER, PERSONALLY APPEARED C. J. PEIPER AND MINNIE R, PEIPER, HIS WIFE, KNOWN .TO P:_ ( OR SATISFACTORILY PROVEN) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE INITH)N INSTRUMENT, AND ACKNOWLEDGED THAT THEY DULY EXECUTED THE SAME FOR I THE PURPOSES THEREIN CONTAINED, AND DESIRED THE SAME MIGHT BE RECORDED AS SUCH. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AN `1FFICI L_-;SEAL. 9 CHES EfYfCBRENN t,1AN DEPUTY REGO ER OF DEE S, CUMBERLAND COUNTY, PA. Q MY COMMI.SSI0 XPIR- THE FIRST MONDAY OF JAN. 1946 ii THE ADDRESS OF THE WITHIN NAf.,_!? GRANTEE IS CARLISL , PA. R. D. LONER FRAIiKFORD TOI+IN SHIP I' JACOB M GOODYEAR �i ATTY. ON BEHALF OF THE GRANTEE l ---------------------------------------------------------------------------------------— I� NO 51P13 rL'+.1F0 SIdiC• THIS DEED, i DEED ` 20 8 IRIADE THE 17TH DAY OF APRIL IN THE YEAR OF OUR LORD FRANKLIN A OILER ET UX 11 1-t i7 43 E.lIjL ^NE THDE'S,1idD NINE HUNDRED FORTY THREE (1943) TO BETWEEN FRANKLIN A. OILER AND JANET E. OILER, HIS, j K-!�JKXTARY EBERT X MOVIERY ET UX WIFE, OF THE TO13NSHIP OF UPPER MIFFLIN, C+?UNTY OF CONS. ?.1.00 Q CL'°ERLAND AND STATE OF PENNSYL'/.A!JIA, HE,"EINAFTI:R CALLED GRANTORS LOC. UP P MIFFLIN TWP 1J At G EBE"T Z M019ERY AND BERTHA L. MOIVERY, 1119 ''IFE, OF THE TO"11J- DATED APRIL 7, 1943 SE !; OF ZIPPER MIFFLIN, COUNTY OF CUMBERLAND AND STATE OF PENN- ENT. APRIL 17, 943, S"" ANIA, HEREINAFTLR CALLED GR.yNTEES " ---`------`---` --`---- V1 Tt.ESSETH, THAT IN CONSIDERATION OF ONE (.1.00) DOLLAR, AND OTHER GOOD AND VALUABL C 74SIDE:,.TIONS, IN HAND PAID, THE :,ECEIPT WHEREOF IS HERESY ACKNOVL- EDGED, THE SAID GRANTORS 0 HE EBY GRANT AND CONVEY TO THE SAID GP.AidTEES, TH!=1R HCf,^.9 AND ASSIGNS, ALL THOSE THREE CE 6 il'. -RACT9 OF LAND SITUATE X1 , UPPER MIFFLIN TO`'IfiSIIIP, CUMBERLAND COUNTY, PENNSYLVANIA, BCUIJDED DESCRI6ED AS FOLLOFI", TRACT NO. 1. BEGINNING AT TONE AT THE IN -2SECTION OF THE ROAD FROt.1I!E(BURG AND DOUBLING GAP NOW THE ENOLA-ROX' HI:V BOAC 11°/IT HE 191-II SKEY RIIN ROAD, NEAR 14HERE THE BARN OF JOHN WOLFE ONCE STOOD; THENCE N :"-11 382 EG ES EAST 180 FEET TO A STONE; THENCE BY TRACT N0.3 H u2EINAFTER DESCRIBED, !,ORTH 57 DEGREES t,-ST 99 FEET TO A STONE; THCNCE AL061:; LAND FORtv:ERLY OF J.. F. DAVIDSON AND LATER OF F. oHULTZ, IJD HOW OF "Pi. SOLI_ENBERGE!;, SOUTH 38y DEGREES WEST 130 FEET TO A. STONE IN THE "i SKEY RUN R0; ; THEfJCE ALONG AND 114 SAID ROAD, SOUTH 57 DE- GREES EAST 99 FEET TO THE PL OF BEGINNING. CO INING 17,825 SQUARE FEET , NEAT MEASURE. TRACT NO. 2. A KTHSY RACT LAND ADJACENT TO.TRAC 0. 1, AND LYING ON THE OPPOSITE SIDE OF THE ENOLA -ROXBURY RUNDED ON THE SOUTH BY LANDS ORMERLY OF PEFFER HEIRS, NOW OF E. J. CLEVENGER; ON THE THE AFORESAID ENOLA ROXBURY RO ; ON THE EAST BY OTHER LAND FOR it MERLY OF ADDI90 D. BARRICK, NOW OF SAME; THE EASTERN LINE B INNING ON THE DOUBLING GAP ROAD AT THE WEST R POST AND RUNNING THUS IN A STRAIGHT LINE IN A SOUTHERLY DIRECTION TO A POINT, ) z I IN THE SO HE RN. LINE FENCE WHERE THE LINE FENCE FORMERLY BETWEEN WILLIAM SHULTZ, LATER OF J., I ' WESLEY FOOSE, AND REEFER, HEIRS INTERESECTS SAID FENCE; AND .BOUNDED ON THE WEST BY LANDS OF EBERT MOWERY. SAID TRACT NO. 2 CONTAINS 4 ACRES, BE THE SAME MORE OR LESS. S TRACT NO. 3. BEGINNING AT A POINT IN THE ENOLA-PDXBURY ROAD AT THE EASTERN LINE OF TIRG;CT NO. 1, HEREINBEFORE DESCRIBED; -NCE '1ORTH 56g D_GIREFS 19EST -)2.8 PERCHES, '10RE OR LESS, TO LANDS FORMERLY OF JOHN .,OLLENBE .-R, `.01:' OF E. J. CLEVENGER; TI; :,CE BY THE 9A':"E I O2TH 42 DE- GREES FAST 45 PERCHES, POi'E OR 39, TO THE LINE OF OTHC2 LAI.C3 FO,',I!"RL`f Or ;,DDISON 0. BARRICK, i NO"! 01 EBERT MOI°lERY; 711 .6:CE B"( = I AST IrCI;TIO.4-1) LAUDS, L015II 52 DEGREI S T IN : ST?AIGHT LINE TO THE ENOLA-ROX'UIY POA:J ;_NCE ALC`3, THE L I OF SAID ROAD,1 IN A 90JTHVE,'GTERLY JI+L.CTIOt. NIf ;LS, '10RE OR LESS. � h TO THE LINE OF LOT N0. L, Tfll_ ( LE OF BLGI;'d,.liJG. COI T;�I JG 17 06/04/2013 18:56 7172580862 TRI COUNTY ABSTRACT PAGE 01 1 WILL 1, David R. Buck, of Lower Frankford Township, Cumberland, County, Pennsyl.VSMia, make this !ay last will and revoke all wills and codicils to wills beratof'ore made by me. 1. 1 give, devise, and bequeath my entire estate to Betty M. Mainenti its trust for the care and maintenance of my daughter, Edna Jane Black. 2. If my said trustee, Betty M. Maiaenti, dies before my daughter, Edna Jane Black, I appoint Mrs. Martha Quinn of 231 Lincoln Street, Carlisle, Pennsglvania trustee of my estate for the care and T—nintenance of my daughter, Edna Jae Black, 3.. I give, devise., and bequeath to Betty M. Mainenti the remaining principal, interest., increments and unexpended Merest of said trust remaining at the time of the death of MY said daughter, Edna Jane Black. fir. 1 appoint Betty M. Mai,.ntenti, axacutrix to settle my estate and I direct that the services of Marion R. Lower, Attorney at Law, of Carlisle, Pennsylvania, be used in the 'settlement thereof:. June 30, 1967 SEAL av ac Signed, sealed, published, and deol.a7red *as the last will of David R. Black by said testator 1�6 our prooence, who, in his presence and in the presence of each other, at his direction, have affixed our signatures hereto as witnesses to same, hit EXHIBIT 0 a 06/04/2013 18:56 7172580862 TRI COUNTY ABSTRACT PAGE 02 COMB ObMALTH OF PEWSYLVANIA COUNTY OF CLWFJLLAND I I i This day of c .k. ., before me . - ,R�Ir�.Y� ... �'{�.�,�4tla,.�.. Trt....,....................._.... ..... -, ,Repacr or dw Probae of Va I And ,granting ]ethers of AdmWntstration iq And for said County of Cunj land,in the ComMnwunIth of PennVivsniA, ' IxrsO1mlly mk- „ BettY.M...Ainent: and Marion H. Lower the subsoibiag wvitnm a to ft foregoing instrntrtent of wvriting purpn 'rtg to be the Jas# Will end Teshment of t .-------------- ...D.4W ..RaH ........ ............... .-,......................... 1 7 .. ........... j F late of ....i,mtAter...Erankfo.nd..Tow hig...... ... ................................ ..... Cvmbrrlartd C+a+anty, PA.. drceased I who being dolt'...,sxprA............................. ac+mrding to law, d and Lhe war`s ..... say, that ...._ ._.Y.................................... present~And sm and!rased the testa..V.g.:r................. aVi R. 81a�ek I .., ... r.......... ..... ................................................................. sign, MAI, publish, Prorwumm and declare tba said instrument of wkit� 'rtg as and for lt...I5.......... Tsstantent And ) Last Will, and at the tune of so doistg he ......................_,. im of sound md. disposing mind, memory and nrsderatsrrding, to the brat of ................. ............... .. knowledge, observation and belief. i� f -- ... W Rq*r.before: •- . .. . Be ty M. Mainenti ........ ... ...... ...... ....... ...........C.,!• a ~`'�� .... 1�...... !-�!t ... j A"lDAWr DP DEATH i COMMONWEALTH OF PENNSYLVA141A .1 COUNTY OF CUMBERLAND lb .............. tttQrn................. says that as mmdy as can be ammoWned doe said decedent ...... ............. ........._....... �Rax .d..R, lmy....... .............................. .. ................ ,......... ......... died m ............... .. day of .......... gen' Br............... ...................... A. D., 19 ....., at Or abrxu _ M X .... ............ WA.>;lx ........ ...... and A.. j sab.cx'ibed ,J ...._.......... ................. day #5, , Betty X. Mltinstnti .. ....... .. ..... ........ ..a WOOL 9 d 0, ®ir75�i,� 06/04/2013 18:56 7172580862 TRI COUNTY ABSTRACT PAGE 03 COMMONWEALTH Of NNSYLVANtil COUNTY OF CITMI)IJ14AM W- lkfcwt ON,dw ftster for the Pldmte of Wah MU4 amnons of Letica of uminidn4oa III aw for the Cmukl of Cw*ed". Mnway cum . SsttY.....M. biginOnti "................. ......I-I............1.......­­1.......I.......................... ........................ who, being duly ...mw.Qra............... 40 gA...... dePw end gay that ms ....Ha ciatktArIz.............................................. Of tm lait Will and Tftwne"t of....... ............. ............I................ dW%Kd she ................................... Will Well MW ftwy ad initter the Sao& W chmml% rishw uW crams of aid decnwd according to law. And also wjU.djj*Mjy comply with the provisions of the I*w jmkdng to TmWgr hgWfibft=, ............... u,d auhKtiLd before me. Aft BettY M. Mainenti Reg, .......................................... ......... ................ x t 41 OD Gil NOW 44 19 4 ILI C4 DIECRU Be it rememkrL-d OW on ............. cuy,of------- ............ A.D., ....7.0 w" pmbued end morded the but Will and Testmacat of .......... .............................. late of Lower FrankfOTd Township' ......................---......................................................... CAMI, Fm"Jm4s� Dw=W. L*M ......r€S.amviury........................—, wt.e granted to--jIfLIty—M---IILiA6nA3I....... Vibicu my IWW ud o(fKW eel the day wA 7w ........... ....... ..... ........... RENUNCIATION OF RIGHT TO INHERIT 1, Elizabeth L. Boyarski, being a daughter and heir of Betty Mainenti, who died without a Will on December 31, 1985, in consideration of the sum of One ($1.00) Dollar in hand paid by Martha M. Peters, the receipt of which is hereby acknowledged, do `hereby renounce, release and forever discharge, and by these presents, do for my heirs, executors. administrators and assigns renounce, release and forever discharge the estate of Betty MainentI. its executors, administrators, successors and assigns of and from any and•all claims which against the said estate of Betty Mainenti, its executors, administrators and assigns, I ever had. now have, or. which my he executors, administrators or assigns. can, shall or may have, as an heir of the said Betty Mainenti. deceased. The said Betty Mainenti, died with two heirs at law, her two daughters, the undersigned,' Elizabeth L. Boyarski, and Martha M. Peters. My intent in executing this renunciation and delivering it to Martha M. Peters, is to make the said Martha M. Peters the sole heir at law of Betty Mainenti. IN WITNESS WHEREOF, I have hereunto set my hand and seal. this 5 C�day of Se f4':4a brw . 1987. ' f as � T ri • Eliz beth L. Boyar vvv ,n Ln COMMONWEALTH OF PENNSYLVANIA ,�?ii COUNTY OF Pa e • N y CH't • 11 On this. the 25th day of September , 1987, before me, the undersigned officer, personally appeared. Elizabeth L. Boyarski. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the some for the purposes .. therein contained. end,boy••.•• IN WITNESS WHEREOF, 'I hereunto set my hand and offi�{ajA� pael,t.,� ,',; AStry i; anice Prokop, Notary lic AOKI"Mr.001AA1 PUBLK ""'„,t,,,,.••.- e Suit RAWOR R040KH,SU2ta it CWM '•:M�•t ...^' A''•`� ' ? r:` �1 OONVISS101 tAPIRtt APRIL 21.iftl ' ;.��+'�..:y?��%:�rf�y'” Mr�Mr.PrmsYf•»uASeaxrmaetM�+.,K ,• � r 40t, .r •' 'err"r di ' ;`3}.,,. fJet�Rj.�. .:fit• : ',i �"�: > •t. G �ti t*,�sa_) 8708 340 PACEto sl 4 EXHIBIT t I >-\�q PlNI.ISY�vIh Nlh � �\EaE¢Y alL-e. - Z lt, e3Y Zelfi. Lue_A 6E.4 L.A NL. C - _ TE pF 1'T •S c F14n Kh TY pC M6!lLA NU l.fNO En a.�.N•_ AS LE4h� •_OU I�gtS�.c lN4 P ECS pIV AG.SYC IhOPEq¢!O 6EFpRG MEN ANP A L ST2 CCTS NO NppwP24J ouc S �a \ �AV F � ( 191e (] NpTg0.'t Pu6l\C 1N ANO FpQ 'C NE OE O, T o q¢E HE REQVT OEO.c AT EO T� y�/��`7f/Y//i1�/.�Q ��N ,� __ . qF p¢CSSA.O, IJ . $ETT Y _M�1 ti E tvT l �Execyt�'�:o f the Estate of David R. Black-c / Ac fiWl-E ObCS -Y'HlS Pi q.v To QE N�] • � - ix O L f Estate o of P,c'c W�wl V �E EO hwl O OESl4 EI '-(H6 pF f David R. Black APaR uJlo �v TH! SuPE2JlSp Ra sl�nn E- Tp BE 2ECORO EO AS SuG H. LpW E.z P2gN•I�F OCO<�+ P .- Via: L- ,rC.F•. .�:.n'- � C MY CQAlllell•M WMp .l SS IpN Ex P\4F_ 1 U 1Y,1M1 4 vl.�--Y", - leW4 iIlANRIMD1wA..NM�alLM0 t6 � 'Cj E-l'TV NccSew �� MA 4 fMAM"uJ°a c yo 5y �o:ti ,..s a -<"n.-ice E•- , N �•—wEa�a�e�co ��' ° 1£' p P N ALL-STATE LEGAL® �^- n 2p OP�A.a .s cvo. .pw\�cY ANCc %� �•.' w Gw� sh w.o wA..,� � ur! aT \ /•�-T\- a. l_�c w.p vcA,�.c nP 3, rMxPlsT INC. l;! - 2 A Q_S.^¢l/gT EO NO qa PEyP eS_,q:- s6''` SP ..� � h P, (SCTTq V,, f] JI�' S y\ 1 oce.Q•L12 'pQ '�:�h FIS.1A� SUTSOSV Ii ION 'PLAN -FO2., 6.'cT Yc M A I N ENT\ Zxeoutrik of the BeLBte o M »ud:;_p�.•, — 2 "a-1�F•pR o TwP. David A. Black . r•; '�'t '-'= " ---�' ar+— r_ IL�Q-L ANO c0. PE1V Nh. , �,OOQR S> pC owuC� 1 J��?0 2006 NOU 30 Ali 3 Sy �� �.. TAX PARCEL NO. 14-06-0027-062 STATEMENT OF CLAIM OF OWNERSHIP BY ADVERSE POSSESSION I, MARTHA M. PETERS, Widow, of 440 Burgners Road, Carlisle (Lower Frankford Township) , Cumberland County, Pennsylvania, do hereby affirm and declare that I have acquired title in fee by over twenty-eight (28) years adverse possession to the following described land, and the improvements thereon erected, situate in Lower Frankford Township, Cumberland County, Pennsylvania: ALL that certain tract of land, together with the improvements thereon erected, situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Burgners Road, Township Road T-457 at the southeast corner of land now or formerly of W.S. Egolf; thence by said land now or formerly of W.S. Egolf, North 04 degrees 44 minutes 50 seconds East 336 .46 feet to a stake at the southwest corner of Lot No. 2 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 2 on the hereinafter mentioned Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 feet to a stake at the southeast corner of Lot No. 2, aforesaid in line of land now or formerly of Betty Nelson; thence by said land now or formerly of Betty Nelson, South 06 degrees it minutes 24 seconds West 339. 00 feet to a spike in the center line of Burgners Road; thence by the center line of Burgners Road North 84 degrees 20 minutes West 144 .14 feet to a spike, the PLACE OF BEGINNING. EXHIBIT J � �r38.�► J Q 6 CONTAINING 1.311 acre, more or less, and being Lot No. 1 on the Final Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S. , dated June 20, 1978 revised August 21, 1978 and recorded in Cumberland County Plan Book 34, Page 9. BEING improved with a dwelling house known and numbered as 440 Burgners Road, Carlisle, PA 17015. BEING a portion of the same premises which C.J. Peiper and Minnie R. Peiper, his wife, by their Deed dated April 17, 1943 and t recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "R" , Vol . 12, Page 147, granted and conveyed unto David R. Black. The said David R. Black died, testate, on December 16, 1969, and Letters Testamentary in the Estate were issued to Betty M. Mainenti to Cumberland County Estate No. 21-70-13 . On October 11, 1978, said Betty M. Mainenti granted and conveyed Lot No. 2 on the above mentioned Subdivision Plan to Henry L. Stuart, recorded in the Office of the Recorder of Deeds in Cumberland County Deed Book "C", Vol . 28, Page 737. This claim of adverse possession is based upon the following facts: 1. In October 1978, Martha M. Peters assumed possession and occupancy of the above described , premises and claimed adversely against David R. Black, Betty M. Mainenti, Executor of the Estate of David R. Black, and the heirs of David R. Black. 2 . Since October 1978, after assuming occupancy of the premises, the claimant has resided in the premises, has maintained -2- PACE3" r the premises, has paid all real estate taxes on the premises, and has thereby occupied, used and maintained by her actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the above described real property for more than twenty-one (21) years, so as to perfect and indefeasible title in uJh I c_,h fee simple to said premises/became vested in Martha M. Peters, by virtue of said possession and the Statute of Limitations of the Commonwealth of Pennsylvania as set forth in The Judicial Code, 42 Pa.C.S. 5530. This Statement of Claim of Ownership by Adverse Possession is made pursuant to the Act of May 31, 1901, P.L. 351, §1 et seq, 68 P.S. §81 et seq. In accordance with the provisions of 68 P.S. §85, this Statement of Claim shall be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and indexed as though it were a Deed or conveyance from David R. Black and Betty M. Mainenti, Executor of the Estate of David R. Black, deceased, as Grantor to claimant, Martha M. Peters, as Grantee. WITNESS, my hand and seal thisQZqVLI day of 'v(�y���`�•1�_ , 2006 . Witne [SEAL] Martha M. Peters -3- �?7 3�9 y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the oRCMday of 2006, before me, the undersigned officer, personally appeared Martha M. Peters, known to me (or satisfactorily proven) to be the person(s) whose name (s) is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. NOTYAK SM [SEAL] 90NNE L can$WNW P ALA MW QF,.c aAMMAND CO.PA My OO MMi M VOWS flCi M 17.2010 I do hereby certify that the precise residence and complete post office address of the within named grantee (s) is 440 Burgners Road, Carlisle, PA 17015. Novembe r l (, 2006 Attorney for Grante I Certify this to be recorded In Cumberland County PA i i, ' -4- Recorder of Deeds 277 na3M VERIFICATION The foregoing document is based upon information that has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. c7e, M rtha M. Peters Date: � » MARTHA M. PETERS, IN THE COURT OF COMMON Plaintiff PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 13 � z DAVID R. BLACK, his heirs, successors and assigns, and ACTION TO QUIET TITLE BETTY M. MAINENTI, her heirs, successors and assigns, Defendants cj r PETITION FOR SERVICE BY PUBLICATION 1. Petitioner, Martha M. Peters,by and through their legal counsel, Salznr2inn Hughes, P.C., filed with the Prothonotary of Cumberland County an action to quiet title whereby she requested that title to the following tract of land with improvements be quieted and that it be deterinined that she has sole fee simple title to the same. ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situated in Lower Frankford Township, Cumberland County, Pennsylvania, described as follows: BEGINNING at a spike in the center of Burgners Road, Township Road T-457 at the southeast corner of land now or forinerly of W. S. Egolf; thence by said land now or formerly of W. S. Egolf, North 04 degrees 44 minutes 50 seconds East 336.46 feet to a stake at the southwest corner of Lot No. 2 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 2 on the hereinafter mentioned Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 feet to a stake at the southeast cosier of Lot No. 2, aforesaid in line of land now or formerly of Betty Nelson; thence by said land now or formerly of Betty Nelson, South 06 degrees 11 minutes 24 seconds West 339.00 feet to a spike in the center line of Burgners Road; thence by the center line of Burgners Road North 84 degrees 20 minutes West 144.14 feet to a spike, the PLACE AT THE BEGINNING. CONTAINING 1.311 acre, more or less, and being Lot No. 1 on the Final Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S., dated June 20, 1978 revised August 21, 1978 and recorded in Cumberland County Plan Book 34, Page 9. 2. As set forth in Petitioner's Complaint, David R. Black and Betty M. Mainenti are deceased. 3. Based on recorded documents as set forth in length in Petitioner's Complaint, Petitioner appears to be sole beneficiary and heir to Betty M. Mainenti (who is the residual beneficiary of David R. Black pursuant to the Last Testament and Will entered into probate at Estate No. 21-70-13 in the Office of the Register of Wills in and for Cumberland County, Pennsylvania). 4. Petitioner, after making a diligent search and inquiry, has been unable to ascertain the existence and present location of any additional heirs of David R. Black and Betty M. Mainenti who may have a claim of interest to the above described premises. 5. Pursuant to Pa.R.C.P. 430(b)(2), this Honorable Court may permit publication against the heirs or assigns generally if it is set forth in the complaint that they are unknown. sf WHEREFORE, the Petitioner respectfully asks leave of Court to obtain service of the Complaint against the heirs or assigns of David R. Black and Betty M. Mainentiy in the instant matter upon the Respondents by publication pursuant to Pa.R.C.P. 430(b)(2) and Cumberland County Rule 1009-1, Rule 1066-1, Rule 1066-2, Rule 1066-3 and Rule 1066-4. Respectfully submitted, SALZMANN HUGHES, P.C. By: a e upol es D. Hughes, Esquire eme Court No.58884 Jason E. Kelso, Esquire Supreme Court No. 209107 354 Alexander Spring Road, Ste 1 Carlisle, PA 17015 (717) 249-6333 Attorneys for Plaintiff MARTHA M.PETERS, IN THE COURT OF COMMON Plaintiff . PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VS. / NO. � 3 _ � ��,,2 r 1Z DAVID R. BLACK,his heirs, Successors and assigns, and ACTION TO QUIET TITLE BETTY M. MAINENTI, her heirs, Successors and assigns, Defendants ORDER OF COURT AND NOW, this day of 2013, upon consideration of the foregoing Petition for Service by Publication, it is hereby ORDERED that service of this Complaint and other related matters in the above captioned action to quiet title be pennitted upon the Defendants generally, by publication pursuant to Pa.R.C.P. 430(b)(2) and Cumberland County Rule 1009-1, Rule 1006-2, Rule 1066-3, and Rule 1006-4. Said publications shall be by public notice with one publication in a newspaper of general circulation in Cumberland County and one publication in the Cumberland Law Journal. If no answer is filed or appearance is made, a judgment by default may be taken against the aforesaid Defendants/Respondents, their heirs, personal representatives or assigns. BY THE COURT, J. zs ` MARTHA M. PETERS , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-3262 DAVID R. BLACK,his heirs, successors, : ACTION TO QUIET TITLE and assigns, and o w _ r1� BETTY M. MAINENTI,her heirs, ; f'fir successors, and assigns, Defendants. - , PETITION FOR FINAL DECREE OF COURT Cz� =` C: TO: THE HONORABLE JUDGES OF SAID COURT AND NOW, this 23rd day of July, 2013, comes Jason E. Kelso, Esquire, attorney for the above-named Plaintiff and respectfully represents that an Affidavit has been executed and is attached hereto deposing and saying that a Complaint in the above-captioned Action to Quiet Title,endorsed with Notice to Plead,has been served upon the Defendants by publication pursuant to prior Order dated June 11, 2013,by the Honorable Albert H. Masland, and said Defendants have not answered said Complaint, entered an appearance, and/or initiated an action in ejectment although the time to do so has expired. WHEREFORE, the Plaintiff moves this Honorable Court to enter judgment in their favor and against Defendants and grant Plaintiff the relief prayed for in its Complaint in accordance with Pa.R.C.P. 1066(a) and (b)(1). Respectfully submitted, SALZM NN HUGHES, P.C. By: es D. Hughes, Esquire A/Suprerne Court No.58884 Jason E. Kelso, Esquire Supreme Court No. 209107 354 Alexander Spring Road, Ste 1 Carlisle, PA 17015 (717) 249-6333 Attorneys for Plaintiff MARTHA M. PETERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-3262 DAVID R.BLACK,his heirs, successors, : ACTION TO QUIET TITLE and assigns, and BETTY M. MAINENTI,her heirs, successors, and assigns, Defendants. AFFIDAVIT NOW, comes Jason E. Kelso, Esquire, Affiant, who being duly deposed, does state the following: 1. In accordance with Order of Court dated June 11, 2013, I did cause to be placed for publication a Notice as to the above-captioned Action to Quiet Title. 2. Attached hereto and incorporated as Exhibits A and B,respectively, are copies of the Proofs of Publication from the Sentinel and the Cumberland County Legal Journal along with the Notices as published. 3. Thirty(30) days has elapsed since publication of the Notices in the Sentinel and the Cumberland County Legal Journal. 4. No responsive pleading has been filed by any party to the Complaint, no appearances have been entered and no action in ejectment-has been initiated against Plaintiff. A true and correct copy of the docketing statement for this matter procured from the Prothonotary of Cumberland County is attached hereto and incorporated herein as Exhibit C. Sworn to d 1!5 Subsc ' e before i e Jas . Kelso, Esquire ay o 2013 Notary blic � „_��aal sea�N 1'�1/AIVjd Ka la S. so Uth Middleton 7bv "�ry tic MY Commission�''CumbeHand County Member.Aennsvlvania s county Ass on of Notaries PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Ron Thayer,Sales Manager, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of 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 notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 17,2013 COPY OF NOTICE OF PUBLICATION PUBLIC NOTICE RTHA M.PETERS, IN TI{E COURT OF COMMON PLEAS, Affiant further deposes that he/she is not Plaintiff CUMBERLAND COUNTY, vs. PENNSYLVANIA r interested in the subject matter of the ID R.BLACK,his heirs, NO:2013-3262 aforesaid notice or advertisement, and that i:cessors and assigns,and ACTION TO QUIET TITLE ITTY M.MAINENTI,her heirs, j all allegations in the foregoing statement a-, Ccessors and assigns, Defendants to time,place and character of publication DAVID R.BLACK,his heirs,'successor's and ec"signs are true. BETTY M.MAINENTI,her heirs,successors arid assigns y 2�2/% � are notified that an Order has been entered to Docket No.2013-3262 in the Court of Com mon Pleas of umberland Couhty,Pennsylvania on June 11,2013 directing that within thirty(30)days after this publication,you ►hall file an answer or enter an appearance in the above-captioned matter or be forever barred from'asserting any ght,lien,title or interest inconsistent with the interest or claim set forth in Plaintiffs Complaint to the land here ascribed: ALL THAT CERTAIN tract of land,together with the improvements thereon erected,situated in Lower Frankford Township,Cumberland County,Pennsylvania,described as follows: BEGINNING at a spike in the center of Burgners Road,Township Road T-457 at the southeast comerof land now orformerly of W.S.Egolf;thence by said land now or formerly of W.S.Egolf,North i Sworn to and subscribed before me this 04 degrees 44'minutes 50 seconds East 336.46 feet to astake at the south�vest comer of Lot No.2 on the hereinafter mentioned Subdivison Plan;thence by said Lot No.2 on the hereinafter mentioned Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 feet to.a stake at the southeast cornerof Lot No.2,aforesaid in line of land now orformerly of Betty Nelson-thence by said land now or formerly of Betty Nelson,South 06 degrees 11 minutes 24 seconds West 339.00 feet to a spike in the center line of Burgners Road;thence by the center line of Burgners Road North 84 degrees 20 minutes West 144.14 feet to a spike,the PLACE AT THE BEGINNING. CONTAINING 1.311 acre,more or less,and being Lot No.Ion the Final Subdivision Plan for Betty Mainenti,prepared by Thomas A.Neff,R.S.,dated June 20,1978 revised August 21,1978-and recorded in Cumberland County Plan Book 34,Page 9. NOTICE ( tary Public ou wish to defend,you must take action by entering a written appearance personally or by attorney and filing in nting with the court your defenses or objections to the claims set forth against you. You are warned that if you fail do so,the case may proceed without you and a judgment may be entered against you by the court without further oticeYor any money claimed in the complaint or for any other claim or relief requested by the plaintiff.You may lose i oney or property or4other rights important to you. J SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A FFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH 13E OW O FIND OUTAWHERE YOU CANT My commission expires: ET LEGAL HELP. OU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH. FORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONSATA COMMONWEALTH Q PENNSYLVANIA EDUCED FEE OR NO FEE. Not trial Seal Cumberiand County Bar Association Bef11ar1 M. , :County 32 South Bedford Street I Y Nolby Nota blic Carlisle,PA 17013 Car1151e 8m,Cumberlan717-249-3166 MY COmmission Expires Se2015 VE LEGAL PAPERS TO: MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES •. � ,,' on E.Kelso,Esquire ° EXHIBIT MANN HUGHES,P.C. Alexander Spring Road,Suite 1 < is ,PA 17015 w omeyforPlafntlff - — rt� v� J J Q 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 June 21, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 21 day of June, 2013 C" Notary Q EXHIBIT NOTARIAL SEAL c� DEBORAH A COLLINS �' Notary Public W CARLISLE BOROUGH.CUMBERLAND COUNTY E" kly Commission Expires Apr 2II,2C!G Q CUMBERLAND LAW JOURNAL PUBLIC NOTICE Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 In the Court of Common Pleas, feet to a stake at the southeast cor- Cumberland County,Pennsylvania ner of Lot No. 2, aforesaid in line of land now or formerly of Betty NO. 2013-3262 Nelson; thence by said land now or formerly of Betty Nelson, South 06 MARTHA M. PETERS, degrees 11 minutes 24 seconds West plaintiff 339.00 feet to a spike in the center VS. line of Burgners Road;thence by the DAVID R. BLACK,his heirs, center line of Burgners Road North successors and assigns and 84 degrees 20 minutes West 144.14 BETTY M. MAINENTI,her heirs, feet to a spike, the PLACE AT THE successors and assigns, BEGINNING. Defendants CONTAINING 1.311 acre,more or less,and being Lot No. 1 on the Final ACTION TO QUIET TITLE Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S., TO:DAVID R.BLACK,his heirs,suc- dated June 20, 1978 revised August cessors and assigns, BETTY M. 21, 1978 and recorded in Cumber- MAINENTI,her heirs, successors land County Plan Book 34,Page 9. and assigns You are notified that an Order NOTICE has been entered to Docket No. 2013-3262 in the Court of Common If you wish to defend, you must Pleas of Cumberland County, Penn- take action by entering a written ap- sylvania on June 11, 2013 directing pearance personally or by attorney that within thirty(30)days after this and filing in writing with the court publication,you shall file an answer your defenses or objections to the or enter an appearance in the above- claims set forth against you.You are captioned matter or be forever barred warned that if you fail to do so, the from asserting any right,lien,title or case may proceed without you and interest inconsistent with the inter- a judgment may be entered against est or claim set forth in Plaintiff's you by the court without further Complaint to the land here described: notice for any money claimed in the ALL THAT CERTAIN tract of land, complaint or for any other claim or together with the improvements relief requested by the plaintiff.You thereon erected, situated in Lower may lose money or property or other Frankford Township, Cumberland rights important to you. County, Pennsylvania, described as YOU SHOULD TAKE THIS PAPER follows: TO YOUR LAWYER AT ONCE.IF YOU BEGINNING at a spike in the cen- DO NOT HAVE A LAWYER OR CAN- ter of Burgners Road,Township Road NOT AFFORD ONE,GO TO OR TELE- T-457 at the southeast corner of land PHONE THE OFFICE SET FORTH now or formerly of W.S.Egolf;thence BELOW TO FIND OUT WHERE YOU by said land now or formerly of W.S. CAN GET LEGAL HELP. Egolf, North 04 degrees 44 minutes IF YOU CANNOT AFFORD TO 50 seconds East 336.46 feet to a HIRE A LAWYER,THIS OFFICE MAY stake at the southwest corner of Lot BE ABLE TO PROVIDE YOU WITH No. 2 on the hereinafter mentioned INFORMATION ABOUT AGENCIES Subdivision Plan;thence by said Lot THAT MAY OFFER LEGAL SERVICES No. 2 on the hereinafter mentioned 7 CUMBERLAND LAW JOURNAL TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 JASON E. KELSO, ESQUIRE SALZMANN HUGHES,P.C. Attorneys for Plaintiff 354 Alexander Spring Road Suite 1 Carlisle,PA 17015 June 21 8 MARTHA M. PETERS , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-3262 DAVID R. BLACK, his heirs, successors, : ACTION TO QUIET TITLE and assigns, and -0� C BETTY M.MAINENTI, her heirs, z m rn . successors, and assigns, == i TJ Defendants. " =� AFFIDAVIT -' 5c- NOW, rs� comes Jason E. Kelso, Esquire, Affiant, who being duly deposed, does state tt e) following: 1. In accordance with Order of Court dated June 11, 2013, I did cause to be placed for publication a Notice as to the above-captioned Action to Quiet Title. 2. Attached hereto and incorporated as Exhibits A and B, respectively, are copies of the Proofs of Publication from the Sentinel and the Cumberland County Legal Journal along with the Notices as published. 3. Thirty(30) days has elapsed since publication of the Notices in the Sentinel and the Cumberland County Legal Journal. 4. No responsive pleading has been filed by any party to the Complaint, no appearances have been entered and no action in ejectment has been initiated against Plaintiff. A true and correct copy of the docketing statement for this matter procured from the Prothonotary of Cumberland County is attached hereto and incorporated herein as Exhibit C. Sworn to d Subsc ' e before e Jas . Kelso, Esquire ay o , 2013 �yl Notary blic a. th la 5, n wp., Notary Public South Middleton Twp.,Cumberland(AUn MY Commission Expires)u Member,Pennsvlvania Association of NOota e PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Ron Thayer, Sales Manager, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of 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 notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 17,2013 COPY OF NOTICE OF PUBLICATION i BLIC O C t tRTHA M.PETERS, IN THE COURT OF COMMON PLEAS, Affiant further deposes that he/she is not Plaintiff CUMBERLAND COUNTY, va PENNSYLVANIA i interested in the subject matter of the ID R.BLACK his heirs, NO:2013-3262 aforesaid notice or advertisement, and thai )TTY M.MA NENTI,her heirs,s and assigns,and ACTION TO QUIET TITLE all allegations in the foregoing statement a. r M. zessors and assigns, Defendants to time, place and character of publication DAVID R,BLACK,his heirs,successors and i signs are true. BETTY M.MAINENTI,her heirs,successors and assigns are notified that an Order has been entered to DBcket No.2013-3262 in the Court of Common Pleas of Eumberland Couhty,Pennsylvania on June 11,2013 directing that within thirty(30)days after this publication,you hall file an answer or enter an appearance in the above-captioned matter or be forever barred from'asserting any fight lien,title or interest inconsistent with tfie interest or claim set forth In Plaintiffs Complaint to the land here described: ALL THAT•CERTAIN tract of land,together with the Improvements thereon eructed,situated in Lower Frank(ord Township,Cumberland County,Pennsylvania,described as follows: BEGINNING at a spike in the center of Burgners Road,Township Road T457 at the southeast comerof land now orforrnerly of W.S.Egolf;thence by said land now or formerly of W.S.Egolf,North Sworn to and subscribed before me this 04 degrees 44'minutes 50 seconds East 336.46 feet to astake at the southwest comer of Lot No.2 I on the hereinafter mentioned Subdivison Plan;thence by said Lot No.2 on the hereinafter mentioned Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 feet to,a stake at ( the southeast comer of Lot No.2,aforesaid in line of land now orformarly of Betty Nelson;thence by L tf 1` yt 1 said land now or formerly of Betty Nelson,South 06 degrees 11 minutes 24 seconds West 339.00 U U feet to a spike in the center line of Burgners Road;thence by the center fine of Burgners Road North 84 degrees 20 minutes West 144.14 feet to a spike,the PLACE AT THE BEGINNING. CONTAINING 1.311 acre,more or less,and being Lot No.1 on the Final Subdivision Plan for Betty Mainenti,prepared by Thomas A.Neff,R.S.,dated June 20,1978 revised August 21,1978and recorded in Cumberland County'Plan Book 34,Page 9. NOTICE t 146tary Public )u wish to defend,you must take action by entering a written appearance personally or by attorney and filing in , riting with the court your defenses or objections to the claims set forth against you.You are warned that if you fail i (ro do so,the case may proceed without you and a judgment maybe entered against you by the courtwithout further ioticefor any money claimed in the complaint or for any other claim or relief requested by the plaintiff.You may lose, loney or property or Other rights important to you. l J SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOTi My commission expires: FORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN. GET LEGAL HELP. ; OU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH. FORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA COMMCNWEAL� PENN YLVANYA EDUCED FEE OR NO FEE. NotSrjai Cumberland County B ciation RaI 32 South Bedford Street Bethany M.Hol W, Notary Public Carlisle,PA 17013 Carlisle Bono,Cumberland Qunty 717-249-3166 My COMMISSIOn Expires Sept.26,2015 MEMBER,PENNSYLVANIA<550CIATtON OF NOTARIES iftVE LEGAL PAPERS TO: j f' on E.Kelso,Esquire LZMANN HUGHES,P.C. Alexander Spring Road,Suite.11 isle,PA 17015 omey for Plaintiff E:1 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 June 21, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 21 day of June, 2013 Notary EXHIBIT NOTARIAL SEAL DEBORAH A COLUNS Notary Public a 'I CARLISLE BOROUGH,CUMBERLAND COUNTY n.iy Commission Expires Apr 26,2y}, Q CUMBERLAND LAW JOURNAL PUBLIC NOTICE Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 In the Court of Common Pleas, feet to a stake at the southeast cor- Cumberland County,Pennsylvania ner of Lot No. 2, aforesaid in line of land now or formerly of Betty NO. 2013-3262 Nelson; thence by said land now or formerly of Betty Nelson, South 06 MARTHA M. PETERS, degrees 11 minutes 24 seconds West Plaintiff 339.00 feet to a spike in the center vs. line of Burgners Road;thence by the DAVID R. BLACK,his heirs, center line of Burgners Road North successors and assigns and 84 degrees 20 minutes West 144.14 BETTY M. MAINENTI,her heirs, feet to a spike, the PLACE AT THE successors and assigns, BEGINNING. Defendants CONTAINING 1.311 acre,more or less,and being Lot No. 1 on the Final ACTION TO QUIET TITLE Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S., TO:DAVID R.BLACK,his heirs,suc- dated June 20, 1978 revised August cessors and assigns, BETTY M. 21, 1978 and recorded in Cumber- MAINENTI, her heirs, successors land County Plan Book 34,Page 9. and assigns You are notified that an Order NOTICE has been entered to Docket No. 2013-3262 in the Court of Common If you wish to defend, you must Pleas of Cumberland County, Penn- take action by entering a written ap- sylvania on June 11, 2013 directing pearance personally or by attorney that within thirty(30)days after this and filing in writing with the court publication,you shall file an answer your defenses or objections to the or enter an appearance in the above- claims set forth against you.You are captioned matter or be forever barred warned that if you fail to do so, the from asserting any right,lien,title or case may proceed without you and interest inconsistent with the inter- a judgment may be entered against est or claim set forth in Plaintiff's you by the court without further Complaint to the land here described: notice for any money claimed in the ALL THAT CERTAIN tract of land, complaint or for any other claim or together with the improvements relief requested by the plaintiff.You thereon erected, situated in Lower may lose money or property or other Frankford Township, Cumberland rights important to you. County, Pennsylvania, described as YOU SHOULD TAKE THIS PAPER follows: TO YOUR LAWYER AT ONCE.IF YOU BEGINNING at a spike in the cen- DO NOT HAVE A LAWYER OR CAN- ter of Burgners Road,Township Road NOT AFFORD ONE,GO TO OR TELE- T-457 at the southeast corner of land PHONE THE OFFICE SET FORTH now or formerly of W.S.Egolf;thence BELOW TO FIND OUT WHERE YOU by said land now or formerly of W.S. CAN GET LEGAL HELP. Egolf, North 04 degrees 44 minutes IF YOU CANNOT AFFORD TO 50 seconds East 336.46 feet to a HIRE A LAWYER,THIS OFFICE MAY stake at the southwest corner of Lot BE ABLE TO PROVIDE YOU WITH No. 2 on the hereinafter mentioned INFORMATION ABOUT AGENCIES Subdivision Plan;thence by said Lot THAT MAY OFFER LEGAL SERVICES No. 2 on the hereinafter mentioned 7 CUMBERLAND LAW JOURNAL TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 JASON E. KELSO, ESQUIRE SALZMANN HUGHES,P.C. Attorneys for Plaintiff 354 Alexander Spring Road Suite 1 Carlisle,PA 17015 June 21 8 MARTHA M.PETERS , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2013-3262 DAVID R. BLACK, his heirs, successors, ACTION TO QUIET TITLE and assigns, and BETTY M.MAINENTI,her heirs, successors, and assigns, Defendants. C) CD FINAL DECREE OF COURT AND NOW, this 0??.day of 'vt 14 2013, an affidavit of service of the Co"mplainf" with Notice to Plead being attached hereto and no answer having been made by Defendants, and upon consideration of the foregoing Petition and upon motion of Plaintiff, It is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff, Martha M. Peters. Said tract of land is described as follows: ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situated in Lower Frankford Township, Cumberland County, Pennsylvania, described as follows: BEGINNING at a spike in the center of Burgners Road, Township Road T-457 at the southeast comer of land now or formerly of W.S. Egolf; thence by said land now or formerly of W.S. Egolf,North 04 degrees 44 minutes 50 seconds East 336.46 feet to a stake at the southwest comer of Lot No. 2 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 2 on the hereinafter mentioned Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 feet to a stake at the southeast comer of Lot No. 2, aforesaid in line of land now or formerly of Betty Nelson; thence by said land now or formerly of Betty Nelson, South 06 degrees 11 minutes 24 seconds West 339.00 feet to a spike in the center line of Burgners Road; thence by the center line of Burgners Road North 84 degrees 20 minutes West 144.14 feet to a spike, the PLACE AT THE BEGINNING. CONTAINING 1.311 acre, more or less, and being Lot No. 1 on the Final Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S., dated June 20, 1978 revised August 21, 1978 and recorded in Cumberland County Plan Book 34,Page 9. It is further ORDERED AND DECREED that each of the Defendants be forever barred from asserting any right, lien, title or interest in or to the herein described parcel of land inconsistent with the interest and claim of the Plaintiffs title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same, or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty(30) days. BY THE COURT, J. 01 MARTHA M. PETERS , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-3262 Cn t DAVID R. BLACK, his heirs, successors, : ACTION TO QUIET TITLE .t,3 and assigns, and M BETTY M. MAINENTI, her heirs, successors, and assigns, -< ° --sc- Defendants. ° s� 3>C- -- rNa TO THE PROTHONOTARY: Kindly enter final judgment on Appearance Docket and on Final Decree of Court place a notation that Defendants failed to take the action directed in the last advertisement within the time therein limited; and transmit to the Recorder of Deeds a certified copy of the Final Decree of Court containing the notation above described. Respectfully submitted, SALZMA HUGHES, P.C. Date: ! /� / By: Ja . Hughes, Esquire S eme Court No.58884 son E. Kelso, Esquire Supreme Court No. 209107 354 Alexander Spring Road, Ste 1 Carlisle, PA 17015 (717) 249-6333 Attorneys for Plaintiff iG.sue fat `� Floes m4.A' MARTHA M. PETERS , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-3262 DAVID R. BLACK, his heirs, successors, : ACTION TO QUIET TITLE and assigns, and BETTY M. MAINENTI, her heirs, successors, and assigns, Defendants. AFFIDAVIT NOW, comes Jason E. Kelso, Esquire, Affiant, who being duly deposed, does state the following: 1. In accordance with Order of Court dated July 29, 2013, 1 did cause to be placed for publication a Notice as to the above-captioned Action to Quiet Title. 2. Attached hereto and incorporated as Exhibits A and B, respectively, are copies of the Proofs of Publication from the Sentinel and the Cumberland County Legal Journal along with the Notices as published. 3. Thirty(30) days has elapsed since publication of the Notices in the Sentinel and the Cumberland County Legal Journal. 4. No responsive pleading has been filed by any party to the Complaint, no appearances have been entered and no action in ejectment has been initiated against Plaintiff. A true and correct copy of the docketing statement for this matter procured from the Prothonotary of Cumberland County is attached hereto and incorporated herein as Exhibit C. Sworn to and Subscribed before me Ksdn E. Kelso, Esquire This ft day of , 2013 Lary Pu I*- eF PENNSYLVANIA Notarial Seal Imily C.Myers,Notary Public ChlimberOurg Ooro,Franklin county COn1InLWan Wires Dec.19,2015 N VANIA ASSOCIATION OF NOTARIES 1 ' - PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox,Director of Sales,of The Sentinel,of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general ci.rculatio 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 notice or publication attached hereto is exactly the same as was printe and published in the regular editions and issues of THE SENTINEL on the following day(s): August 9,2013 COPY OF NOTICE OF PUBLICATION PUBLIC NOTICE MARTHA M.PETERS,Plaintiff IN THE COURT OF COMMON PLEAS, Affiant further deposes that he/she is no- CUMBERLAND COUNTY,PENNSYLVANIA interested in the subject matter Of the 'DAVID R.BLACK,his heirs, NO. 2013-3282 aforesaid notice or advertisement,and the •;Successors and assigns,and ACTION TO QUIET TITLE all allegations in the foregoing statement BETTY M.MAINENTI,her heirs, (successors and assigns, to dine,place and character of publicatioi Defendants !TO: DAVID R:BLACK,his heirs,successors and assigns are true. BETTY M.MAINENTI,her heirs,successors and assigns You are notified that an Order has been entered to Docket No.2013-3262 in the Court of Common Pleas of Cumberland County,Pennsylvania on July 29,2013 directing that within thirty(30)days after this publication you shall file an action in ejectment or be forever barred from asserting any right,lien,title or interest inconsistent with the interest or claim set forth in Plaintiffs Complaint to the land here described: ALL THAT CERTAIN tract of land,together with the improvements thereon erected,situated in Lower Frankford Township,Cumberland County,Pennsylvania,described as follows: BEGINNING at a spike in the center of Burgners Road,Township Road,T-457 at the southeast Sworn to and subscribed before me this ii corner of land now or formerly of W.S.Egolf;thence,by said land now or formerly os1N:S_Egolf,North 04 degrees 44 minutes 50 seconds,East 336.46 feet to'astake at the southwest comer,of L`ot No:2 on the hereinafter mentioned Subdivision Plan;thence by.'said Lot No.2 on the tieremafter 1 mentioned Subdiyision,P.len South 85 degrees 14 minutes,20 secgnds East 157`64 feet to a ' stake at ' ttiesoutFieastcornerofLdiNo.2;aforesaid'inline:oflandnow'orformerlyof$ettY,Nelson;,thence by said land n"ow or'formerly of Betty,Nelson;South 06'de9�ees 11 minutes 24 seconds West 339.00 feet to' ?spike m ttie,center line of Burgners Road;thence by.the center line of,$urgners Road North 84 degrees 20 minutes West 144,14feet to a.spike�;he P,LACE'AT;THE BEGINNING' '�/(//� CONTAINING 1.311 acre,more or less,and ber g Lot No 9`on the Final Subdrvis on Plan'f'or nd Betty ` Mainenti,prepared by Thomas A.Neff,R.S.,dated June 20;9978 revised August 21.;;1978,a , .- recorded in Cumberland County Plan Book 34,Page 9. Notary Public I'ERVE LEGAL PAPERS TO: ason E.Kelso,Esquire ALZMANN HUGHES,P.C. 4 Alexander Spring Road,Suite 1 arbsle,PA 17015 7-249-6333 orney for Plaintiff My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M.Holtry,Notary Public Carlisle Boro,Cumberiand County My Commission Expires Sept.26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIE` EXHIBIT 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 August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 Notary NOTARIAL SEAL EXHIBIT DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY s My Commission Expires Apr 28,2014 1 t CUMBERLAND LAW JOURNAL ACTION TO QUIET TITLE ner of Lot No. 2, aforesaid in line of land now or formerly of Betty In the Court of Common Pleas of Nelson; thence by said land now or Cumberland County,Pennsylvania formerly of Betty Nelson, South 06 degrees 11 minutes 24 seconds West NO. 2013-3262 339.00 feet to a spike in the center line of Burg-ners Road;thence by the MARTHA M. PETERS, center line of Burgners Road North Plaintiff 84 degrees 20 minutes West 144.14 V. feet to a spike, the PLACE AT THE DAVID R.BLACK,his heirs, BEGINNING. successors and assigns and CONTAINING 1.311 acre,more or BETTY M.MAINENTI,her heirs, less,and being Lot No. 1 on the Final successors and assigns, Subdivision Plan for Betty Mainenti, Defendants prepared by Thomas A. Neff, R.S., dated June 20, 1978 revised August TO:DAVID R.BLACK,his heirs,suc- 21, 1978 and recorded in Cumber- cessors and assigns, BETTY M. land County Plan Book 34,Page 9. MAINENTI,her heirs, successors JASON E.KELSO, ESQUIRE and assigns SALZMANN HUGHES,P.C. You are notified that an Order Attorneys for Plaintiff has been entered to Docket No. 354 Alexander Spring Road 2013-3262 in the Court of Common Suite 1 Pleas of Cumberland County, Penn- Carlisle,PA 17013 sylvania on July 29, 2013 directing (717)249-6333 that within thirty(30)days after this Aug. 9 publication you shall file an action in ejectment or be forever barred from asserting any right, lien, title or interest inconsistent with the in- terest or claim set forth in Plaintiff's Complaint to the land here described: ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situated in Lower Frankford Township, Cumberland County, Pennsylvania, described as follows: BEGINNING at a spike in the cen- ter of Burgners Road,Township Road T-457 at the southeast corner of land now or formerly of W.S.Egolf;thence by said land now or formerly of W.S. Egolf, North 04 degrees 44 minutes 50 seconds East 336.46 feet to a stake at the southwest corner of Lot No. 2 on the hereinafter mentioned Subdivision Plan;thence by said Lot No. 2 on the hereinafter mentioned Subdividion Plan South 85 degrees 14 minutes 20 seconds East 157.64 feet to a stake at the southeast cor- 9 Q90-65709102013 Cumberland County Prothonotary' s Office Page 1 PYS510 Civil Case Print 2013-03262 PETERS MARTHA M (vs) BLACK DAVID T ET AL Reference No . . : Filed. . . . . . . . : 6/06/2013 Case Type . . . . . : REAL PROPERTY - QUIET TITLE Time . . . . . . . . . : 3 : 50 Judgment . . . . . . 00 Execution Date 0/00/0000 Judge Assigned: MASLAND ALBERT H Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 -------- ---- Case Comments ------------- Higher Crt 1 . : Higher Crt 2 . : ******************************************************************************** General Index Attorney Info PETERS MARTHA M PLAINTIFF HUGHES JAMES D 99 WOLD LANE NEWVILLE PA 17241 BLACK DAVID R DEFENDANT 440 BURGNERS ROAD CARLISLE PA 17015 MAINENTI BETTY M DEFENDANT 440 BURGNERS ROAD CARLISLE PA 17015 Judgment Index Amount Date Desc BLACK DAVID R 7/29/2013 QUIET TITLE MAINENTI BETTY M 7/29/2013 QUIET TITLE * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 6/06/2013 COMPLAINT - QUIET TITLE - BY JAMES D HUGHES ATTY FOR PLFF ------------------------------------------------------------------ - 6/06/2013 PETITION FOR SERVICE BY PUBLICATION - BY JAMES D HUGHES ATTY FOR PLFF ------------------------------------------------------------------- 6/11/2013 ORDER OF COURT - 6/11/13 - IN RE : PETITION FOR SERVICE BY PUBLICATION - GRANTED - BY THE COURT ALBERT H MASLAND J COPIES MAILED 6/11/13 --------------------------------------- ---------------------------- 7/23/2013 PETITION FOR FINAL DECREE OF COURT - BY JAMES D HUGHES ATTY FOR PLFF ------ ----------------------------------------------------------- -- 7/29/2013 FINAL DECREE OF COURT - DATED 07/29/13 - IN RE PETITION FOR FINAL DECREE OF COURT - IT IS ORDERED AND DECREED THAT TITLE TO THE PREMISES IS HEREBY VESTED IN THE PLFF MARTHA M PETERS - IT IS FURTHER ORDERED AND DECREED THAT THE DEFTS BE FOREVER BARRED FROM ASSERTING ANY RIGHT LIEN TITLE OR INTEREST IN OR TO THE HEREIN DESCRIBED PARCEL OF LAND INCONSISTANT WITH THE INTEREST AND CLAIM OF THE PLFFS TITLE TO SAID LAND - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 07/30/13 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq**Bal***P*ymts/Ad End Bal ******************************** *** * ****** ******************************* COMPLAINT 65 . 25 65 . 25 . 00 TAX ON CMPLT . 50 . 50 . 00 SETTLEMENT 9 . 50 9 . 50 . 00 AUTOMATION 5 . 00 5 . 00 . 00 JCP FEE 23 . 50 23 . 50 . 00 ------------------------ ------------ 103 . 75 103 . 75 . 00 ******************************************************************************** * End of Case Information ******************************** *********************************** EXHIBIT i r- I - l MARTHA M. PETERS , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-3262 DAVID R. BLACK,his heirs, successors, : ACTION TO QUIET TITLE - and assigns, and BETTY M.MAINENTI,her heirs, successors, and assigns, Defendants. .tea c:- vr) �. FINAL DECREE OF COURT AND NOW, this 0 day of 'vt l , 2013, an affidavit of service of the Complaint with Notice to Plead being attached hereto and no answer having been made by Defendants, and upon consideration of the foregoing Petition and upon motion of Plaintiff, It is hereby ORDERED, ADJUDGED AND DECREED that title to the premises that is the subject of this action is hereby vested in the Plaintiff, Martha M. Peters. Said tract of land is described as follows: ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situated in Lower Frankford Township, Cumberland County, Pennsylvania, described as follows: BEGINNING at a spike in the center of Burgners Road, Township Road T-457 at the southeast corner of land now or formerly of W.S. Egolf, thence by said land now or formerly of W.S. Egolf, North 04 degrees 44 minutes 50 seconds East 336.46 feet to a stake at the southwest corner of Lot No. 2 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 2 on the hereinafter mentioned Subdivision Plan South 85 degrees 14 minutes 20 seconds East 157.64 feet to a stake at the southeast corner of Lot No. 2, aforesaid in line of land now or formerly of Betty Nelson; thence by said land now or formerly of Betty Nelson, South 06 degrees 11 minutes 24 seconds West 339.00 feet to a spike in the center line of Burgners Road; thence by the center line of Burgners Road North 84 degrees 20 minutes West 144.14 feet to a spike, the PLACE AT THE BEGINNING. CONTAINING 1.311 acre, more or less, and being Lot No. 1 on the Final Subdivision Plan for Betty Mainenti, prepared by Thomas A. Neff, R.S., dated June 20, 1978 revised August 21, 1978 and recorded in Cumberland County Plan Book 34, Page 9. It is further ORDERED AND DECREED that each of the Defendants be forever barred from asserting any right, lien, title or interest in or to the herein described parcel of land inconsistent with the interest and claim of the Plaintiff's title to said land; from issuing or maintaining any action attacking the same; or from encumbering, mortgaging or conveying the same;or any part thereof, unless an action of ejectment is filed against the Plaintiff for recovery of the same within thirty(30) days. BY THE COURT, J. j J 3° o�`