HomeMy WebLinkAbout04-6346
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PaulS.Zook
Eva K. Zook
Plaintiffs
: No: OLf~~~~ ~
: Civil Action - Law
vs.
W.W. White
Defendant
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 WRmEN 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 ANY OTHER CLAIM FOR 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA
(717) 249-3166
t~0. ~
C H. ANTHONY ADAMS
ATTORNEY AT LAW
SUPREME COURT ID NO. 25502
49 WEST ORANGE STREET, SUITE 3
SHIPPENSBURG, PA 17257
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PaulS. look
Eva K. look
Plaintiffs
: No:
: Civil Action - Law
vs.
W.W. White
Defendant
COMPLAINT
AND now, come the Plaintiffs, Paul S. look and Eva K. look, by and through
their attorney, H. Anthony Adams and state the following cause of action and in support
thereof, aver as follows:
1.
Plaintiffs are Paul S. look and Eva K. look, adult individuals who reside at
11264 Otterbein School Road, Newburg, Pennsylvania 17240.
2.
Defendant is W.W. White his heirs, executors, administrators and assigns.
3.
Plaintiffs are the owners of land by virtue of a special warranty deed dated
August 29, 2003 as recorded in the Office of the Recorder of Deeds a copy of which is
attached hereto and the description of which is incorporated herein by reference.
4.
The Grantor in the deed to Plaintiffs is Clarence J. Myers who obtained title to
the land by quitclaim deed dated May 10, 1990 as recorded in the Office of the
Recorder of Deeds.
5.
The predecessor in title to the lands conveyed by Clarence J. Myers and
Catherine M. Myers was W.W. White, Defendant.
6.
The Plaintiffs know of no other parties claiming an interest in the property.
7.
Due to missing, lost or unrecorded deeds the chain of title from W.W. White to
Plaintiff cannot be clearly established.
8.
The Plaintiffs request the court enter an order to quiet title and to declare all
right, title and interest in the property.
9.
The Plaintiffs are in possession of the property.
WHEREFORE, Plaintiff request the Court enter an order declaring all right, title
and interest in them and that the Defendant, his heirs and assigns be barred from any
claim to said property and that the court order such other relief as may be just and
equitable.
Respectfully submitted,
~~
H. Anthony Adams, EsqUIre
Attorney for Plaintiffs
VERIFICATION
We verify that the statements made in this Complaint are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
Date: f11r j
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THIS DEED
J3 SEP 2 AfJ 8 25
MADE this 29th day of AUGUST in the year TWO THOUSAND THREE (2003),
BETWEEN CLARENCE J MYERS, widower, of 75 Stoney Lane, Newburg,
Cumberland County, Pennsylvania, Grantor,
AND PAUL S ZOOK and EVA K ZOOK, husband and wife, of
Newburg, Cumberland County, Pennsylvania, Grantees.
WITNESSETH that in consideration of the sum of SIXTY-NINE THOUSAND DOLLARS
($69,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor
does grant and convey in fee simple to said Grantees, their heirs and assigns,
All the following described real estate, lying and being situate in Hopewell
Township, Cumberland County, Pennsylvania, bounded and limited as follows:
BEGINNING at a point at corner of other lands now or formerly of the Grantors
herein; thence by said land 1,093.95 feet to a corner; thence by same, 381.15
feet to a point in line of lands now or formerly of William Powell; thence by
Powell, 150 feet, more or less; thence by same, and lands now or formerly of
Harry Monn, 712.90 feet to a corner of Parcel No. 9 on the tax assessment
maps of Cumberland County; thence by Parcel No.9, 612.21 feet; thence by
Parcel Nos. 7 and 7B on said map, 1,312.60 feet to line of lands now or
formerly of Richard Gardner; thence by Gardner, 526.70 feet; thence by same,
101.10 feet to a corner of lands now or. formerly of Thomas Papoutsis; thence
by Papoutsis, 811.90 feet to a point in line of lands now or formerly of Jay
Hoover; thence by Jay Hoover, 562.50 feet to a point, the place of
BEGINNING.
CONTAINING 30.00 Acres, more or less.
BEING THE SAME REAL ESTATE WHICH Clarence J Myers and Catherine M Myers, his wife,
by thei r deed dated May 10, 1990, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book "P", Volume 34, Page 1198, granted and
conveyed to Clarence J Myers and Catherine Myers, his wife. Catherine Myers died May 11,
2000, leaving to survive her, her husband, Clarence 1 Myers, in whom full title vested by..
operation of law, Grantor herein.
law Office Forest N Myers
137 Park Place West, Snippensburg, Pennsylvania 17257
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AND the said Grantor will warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and year
first above written.
WITNESS:
j~~~.~
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/;eL~L~(SEAl)
CLAkY~E J M~ - . '-(e-,o
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND / FRANKLIN
On this 29th day of AUGUST, 2003, before me, a Notary Public, the undersigned
officer, personally appeared CLARENCE J MYERS, knownt9 me (or satisfactorily proven) to be
the person whose name is subscribed to the within' instrument, and acknowledged the
foregoing to be his act and deed and desired the same to be recorded as such.
. >~~ESS my hand and official seal, the d~~ \d year ~fo:esaid. .
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I certify that the precise ~esiqenc~ and Post Office adpress of the Grantees is:
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IN THE COURT OF COMMON !PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PaulS. look
Eva K. Zook
Plaintiffs
C;3%
: No: 04~"16 Civil
: Civil Action - Law
vs.
W.W. White
Defendant
PETITION FOR SERVICE BY PUBLICATION
AND NOW come Plaintiffs, Paul S. look and Eva K. Zook, by and through
their Attorney, H. Anthony Adams, and set forth the following:
1.
Plaintiffs are Paul S. look and Eva K. Zook, adult individuals, who reside
at 11264 Otterbein School Road, Newburg, Pennsylvania, 17240.
2.
On or about August 29,2003, the Plaintiffs purchased 30 acres of land
from Clarence J. Myers by virtue of a deed recorded in Deed Book 259 page 3.
3.
The title to the property is not clear and to remove cloud from title
Plaintiffs brought an action at this term and number against their Grantor's only
known predecessor in title W.W. White and his heirs, executors, administrators
and assigns.
4.
Inquiry has been made to local area neighbors, examination of local tax
records and land records and no one has knowledge of W.W. White. W. W.
White is believed to have died in or around 1890.
5.
There is no record of W.W. White's heirs, assj!~ns, executors or
administrators and they are unknown.
WHEREFORE, Plaintiffs pray your Honorable Court allow them to make
service upon W.W. White, his executors, administrators, heirs and assigns by
publication pursuant to Pa. R.C.p. 430 (b) (1) (2)
Respectfully submitted,
H.~~;rn
Attorney for Plaintiffs
49 W. Orange Street, Suite 3
Shippensburgl,PA 17257
(717)-532-3270
VERIFICATION
I verify that the statements made in this complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to authorities: 'fke
~b~d~;:J'."iU ~11'i1!1;11l tJ ~:".. ll.i:J .!ol ;fLul;v" <I, III u "ub"ULutt. v<:,ifi..,ation
Date: 1,/;/15
~p 3-
Paul S. Zook
7
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Date:OJ;/j/oJ
fd '
aNCL ~..
Eva K. Zook
NOTICE
If you wish to defend, you must enter a written appearance personally or by
attorney and file your defenses or objections in writing with the court. You are warned
that if you fail to do 50 the ease may proceed without you and a judgment may be
entered against you without further notice for the relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFIC SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT FINDING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA
(717) 249-3166
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PaulS.Zook
Eva K. Zook
Plaintiffs
: No: 04-6346 Civil
: Civil Action - Law
vs.
W.W. White
Defendant
TO: W.W. WHITE
his heirs, executors, administrators and assigns
You are notified that the Plaintiffs, Paul S. Zook and Eva K. Zook, have
commenced an action to Quiet Title against you entered to No. 04-6346 Civil in
the Court of Common Pleas of Cumberland County, Pennsylvania which you are
required to defend.
This action concerns the land herein described:
ALL the following described real estate, lying and being situate in
Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as
follows:
BEGINNING at a point at corner of other lands now or formerly of
Grantors herein; thence by said land 1,093.95 feet to a corner; thence by same,
381.15 feet to a point in line of lands now or formerly of Willam Powell; thence
by Powell, 150 feet, more or less; thence by same and lands now or formerly of
Harry Monn, 712.90 feet to a corner of Parcel No.9 on the tax assessment maps
of Cumberland County; thence by Parcel No.9, 612.21 feet; thence by Parcel
Nos. 7 and 7B on said map, 1,212.60 feet to line of lands now or formerly of
Richard Gardner; thence by Gardner, 526.70 feet; thence by same, 101.10 feet
to a corner of lands now or formerly of Thomas Papoutsis; thence by Papoutsis,
811.90 feet to a point in line of lands now or formerly of Jay Hoover; thence by
Jay Hoover, 562,50 feet to a point, the place of BEGINNING.
CONTAINING 30.00 acres, more or less
.-/ .
(! 1 7.o0~ '\
#
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PaulS. Zook
Eva K. Zook
Plaintiffs
G'~'/(P
: No: 04-3346 Civil
: Civil Action - Law
vs.
W.W. White
Defendant
ORDER
IVI~
And now this z. "):!. day of Fel3n:lllry, 2005 after consideration
of the facts set forth in the forgoing Petition, Plaintiffs are granted the
right to make service by publication on W.W. White, his executors,
administrators, heirs and assigns, pursuant to Pa. R. C. D. 430 (b)(i) (2).
Byth cO~J
J.
\jjN7i\IA~:\~Njd
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PaulS. Zook
Eva K. Zook
Plaintiffs
(P ?ife,
: No: 01 J346 Civil
: Civil Action - Law
vs.
W.W. White
Defendant
PETITION FOR DECREE
Now come the Petitioners, Paul S. Zook and Eva K. Zook, by and through
their attorney, H. Anthony Adams and set forth the following:
1.
Petitioners on or about December 17,2004 filed a complaint to the above
term and number.
2.
Petitioners sought and obtained the right to make service of the complaint
by publication by petition filed February 28, 2005 and Court Order dated March
2, 2005.
3.
Publication was made in the News-Chronicle on March 18, 2005 and in the
Cumberland Law Journal on March 18, 2005. Proofs of publication are attached
hereto.
4.
The publications referred to in the previous paragraphs included the
complaint which contained the required notice to defend.
-
5.
Six months have passed and no answer or other response has been filed
to the complaint.
6.
Petitioners request the Honorable Court enter a decree and order directing
that the Defendant, his heirs or assigns be barred from asserting any interest
inconsistent with the claim of Plaintiffs unless answer or claim is made within 30
days.
" \ \(((X-~ --:>~
H. Anthony Adams, Esquire
Attorney for Petitioners
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
VERIACATION
I verify that the statements made in this petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date:~oS
~C9S---O) ~
H. ANTHONY ADAMS
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
rr'
PaulS.Zook
Eva K. Zook
Plaintiffs
(,3~\p
: No: 04~ Civil
: Civil Action - Law
vs.
W.W. White
Defendant
DECREE AND ORDER
AND NOW this L{ tL day of 0 c\. 2005
after review of the attached petition and upon the motion of H. Anthony Adams,
it is directed that the defendant be forever barred from asserting any right, lien,
title or interest in the land inconsistent with the claim by Plaintiffs unless answer,
claim or other action is taken which 30 days from the last publication of this
decree.
By the Court
/-)
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J.
A1;'I':;1J
9 (; :Z Hd ~- 1:]0 SilVZ
AU\rlC;'~C'h.L;~::~:d jHl =10
:!Jt::!:,i(J'{EJl!:1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Paul S. Zook
Eva K. Zook
Plaintiffs
: No: 04-6346 Civil
: Civil Action - Law
vs.
W.W. White
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Enter on Appearance Docket and on Decree a notation that the defendant
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 Decree
containing the notation above described.
Respectfully submitted,
~---
\" ~~<;::--,
~ ~-~~
H. Anthony Adams, Esquire
Attorney for Plaintiffs
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
"
. .
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 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
October 21, 2005
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,
/
SWoRN TO AND SUBSCRIBED before me this
21 day of October. 2005
ditor
~~~~,~A/
I NOT ARI.\L SEAL
t ~<~)!;? E. SNVPER, Notary Put~\.~
1 C y!::;!!:: 3',ro, Cumberland COli:I'\,'
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CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action-Law
No.: 04-6346 Civil
Paul S. Zook. Eva K. Zook
Plaintiffs
vs.
W.W. White
Defendant
TO: W.W. White, his heirs, execu-
tors. administrators and assigns.
You are notified that an Order
has been entered to No. 04-6346
Civil in the Court of Common Pleas
of Cumberland County. Pennsylva-
nia on Octo her 4, 2005 directing
that within thirty (30) days after this
publication you shall make answer
or file claim or take other action or
be forever barred from asserting
any right, lien, title or interest in-
consistent with the interest or claim
set forth in the plaintiffs' complaint
to the land therein described.
The order is as follows:
DECREE AND ORDER
AND NOW this 4th day of Octo-
ber 2005 after review of the attached
petition and upon the motion of H.
Anthony Adams, it is directed that
the defendant be forever barred
from asserting any right, lien, title
or Interest in the land Inconsistent
with the claim by Plaintiffs unless
answer, claim or other action is
taken within 30 days from the last
publication of this decree.
By the Court
jsjJ. Wesley Oler, Jr., J.
H. ANTHONY ADAMS
Supreme Court ID# 25502
Attomey for Plaintiff
49 W. Orange Street
Suite 3
Shlppensburg. PA 17257
(717) 532-3270
Oct. 21
6
~
Proof of Publication of Notice in
The News-Chronicle
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
H. ANTHONY ADAMS
Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Manager
of 'The News-Chronicle," which is a bi-weekly newspaper of general circulation published in
Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing
Company, a corporation duly organized and existing under the laws of the Commonwealth
of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100),
Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf;
that the printed notice, advertisement of publication attached hereto is the same as was printed in
the regular editions and issues of "The News-Chronicle" on the following date(s)
October 18.2005
Affiant further deposes that neither she nor "The
News-Chronicle" and The Latrobe Printing and
Publishing Company have any interest in the subject
matters of the aforesaid notice or advertisement, and
that the facts set forth in the foregoing affidavit is
true and correct.
;~;~'Rt~~~f~
"lAC . '
d~ Day of tLoh-fr\ ,2005
I Notarial Seal
Kristen L. Statler, Notary Public
Bedford 60ro, Bedford County
My Commission Expires Feb. 13.2006
Member, Pennsylvania A,-',sociation Of Notaries
d(Lo-fcM d j-;u.i~
Notary Public
To: 'The News-Chronicle"
Shippensburg, P A 17257
For publishing the notice attached hereto:
On the stated date( s) ................ $
Affidavit ............................. .$
Total...._................_........... $
49.50
2.00
51.50
Copy of Notice of Publication
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Paul S. Zook
Eva K. Zook
Plaintiffs
: No: 04-6346 Civil
: Civil Action. Law
vs.
W.w. WMe
Defendant
To: W.W. Wh~e, his heirs, executors, administrators and assigns
You are notffied that an Order has been entered to No. 04-3346
Civil in the Court of Common Pleas of Cumberland County,
Pennsylvania on October 4, 2005 directing that within thirty (30)
days after this publication you shall make answer or file claim. or
take other action or be forever barred from asserting any right,
lien, title or interest inconsistent with the Interest or claim set
forth in the plaintiffs' compla;nt to the land therein described.
This order is as follows:
DECREE AND ORDER
AND NOW this --AllL. dey of October 2005 after review of
the attached petition and upon the motion of H. Anthony Adams,
it is directed that the defendant be forever barred from asserting
any right, lien, title or interest in the land Inconsistent with the
claims by Plaintiffs unless answer, claim or other action Is taken
which 30 days from the last publication of this decree.
By the Court
Isi J. Wesley Oler, Jr.
Adv. NC Oct. 18.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
r-'
r
PaulS. Zook
Eva K. Zook
Plaintiffs
l,3l\\P
: No: 04~ Civil
: Civil Action - Law
vs.
W.W. White
Defendant
DECREE AND ORDER
AND NOW this l{ ft, day of n L1 2005
after review of the attached petition and upon the motion of H. Anthony Adams,
it is directed that the defendant be forever barred from asserting any right, lien,
title or interest in the land inconsistent with the claim by Plaintiffs unless answer,
claim or other action is taken which 30 days from the last publication of this
decree.
By the Court
/' //
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Novanber 22, 2005, Final Judgment is here 'entered in favor of the Plaintiff
and against the Defendant Pursuant to PA R.C.P Rule No 1066 & Loea Rule 1066.4
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNlY, PENNSYLVANIA
PaulS.Zook
Eva K. Zook
Plaintiffs
C,311<S
: No: 04 J3415 Civil
: Civil Action - Law
vs.
W.W. White
Defendant
PETITION FOR DECREE
Now come the Petitioners, Paul S. Zook and Eva K. Zook, by and through
their attorney, H. Anthony Adams and set forth the following:
1.
Petitioners on or about December 17,2004 filed a complaint to the above
term and number.
2.
Petitioners sought and obtained the right to make service of the complaint
by publication by petition filed February 28, 2005 and Court Order dated March
2, 2005.
3.
Publication was made in the News-Chronicle on March 18, 2005 and in the
Cumberland Law Journal on March 18, 2005. Proofs of publication are attached
hereto.
4.
The publications referred to in the previous paragraphs included the
complaint which contained the required notice to defend.
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5.
Six months have passed and no answer or other response has been filed
to the complaint.
6.
Petitioners request the Honorable Court enter a decree and order directing
that the Defendant, his heirs or assigns be barred from asserting any interest
inconsistent with the claim of Plaintiffs unless answer or claim is made within 30
days.
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H. Anthony Adams, Esquire
Attorney for Petitioners
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532 - 3270
VERIFICATION
I verify that the statements made in this petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date:~O-S
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H. ANTHONY ADAMS
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