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HomeMy WebLinkAbout13-5388 Supreme Coin- Pennsylvania COUP >E =CO'M O Pleas For Prothonotary Use Only: C i1� ,over `S h y _ t T� Docket No: Corer iii' b� County n z L .13 -- 5 39 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 pleadin s or other papers as required by lam or rules of court. Commencement of Action: S © Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: Joyce Hair George K. Mentzer, Jr. T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? ❑ Yes © No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑ Yes © No Is this an MDJAppeal? []Yes 0 No A Name of Plaintiff/Appellant's Attorney: Robert G. Frey ❑ Check here if you have no attorney (are a Self- Represented [Pro Sel 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection: Other p Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include ❑ Employment Dispute: mass tort) E HSlander/Libel/ Defamation Discrimination C E] Other: Employment Dispute: Other ❑ Zoning Board T, ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: Round inent Domain/Condemnation ❑ Declaratory Judgment Rent Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY HMortgage Foreclosure: Commercial Quo Warranto ❑ Dental ❑ Partition Replevin ❑ Legal © Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 Robert G. Frey, Esquire Supreme Court I.D. No. Attorney for Plaintiffs 46397 Frey and Tiley 5 South Hanover Street Tel: 717 - 243 -5838 Carlisle Pennsylvania 17013 Fax: 717- 243 -6441 JOYCE HAIR and BARBARA : IN THE COURT OF COMMON PLEAS OF MINICH, EXECUTRICES OF THE : CUMBERLAND COUNTY PENNSYLVANIA LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs C-) V. CIVIL ACTION - LAW M W rn No. 13- 538IRCIVIL TERM = � -V -1) -; GEORGE K. MENTZER, JR., ACTION TO QUIET TITLE y, KIM J. HARNSBERGER. r DONALD C. HARNSBERGER, and -- SAMUEL DILLER and the unknown heirs of SAMUEL DILLER T� 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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, PENNSYLVANIA 17013 TELEPHONE: 717 - 249 -3166 po�� AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JOYCE HAIR and BARBARA : IN THE COURT OF COMMON PLEAS OF MINICH, EXECUTRICES OF THE : CUMBERLAND COUNTY, PENNSYLVANIA LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs V. CIVIL ACTION - LAW No. 13- CIVIL TERM GEORGE K. MENTZER, JR., ACTION TO QUIET TITLE KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER COMPLAINT TO QUIET TITLE Plaintiffs, by and through their attorney, Robert G. Frey, complain of Defendants named herein and all persons unknown claiming any right, title, estate, lien, or interest in the real property described herein adverse to plaintiffs title, and for a cause of action alleges: 1. Plaintiffs are Joyce Hair, an adult individual, who resides in the Township of Carroll, County of Perry, Commonwealth of Pennsylvania and Barbara Minich, who resides in the Township of Carroll, County of Perry, Commonwealth of Pennsylvania 2. Defendants reside as follows: George K. Mentzer, Jr. Jack F. Mentzer 604 South Broad St. PO Box 276 Mechanicsburg, PA 17055 Rheems, Pennsylvania 17570 -0276 Kim J. Harnsberger Donald C. Harnsberger 16 Rutherford Road Harrisburg, PA 17109 (Hereinafter collectively referred to as "the Mentzer Family. ") The addresses of Samuel Diller and his unknown heirs are unknown, after making investigation of public records. 3. Plaintiffs are the executrices of the Last Will and Testament of Frank H. Mackey, being duly appointed by the Register of Wills of Perry County by Letters Testamentary on January 25, 2010, file number 5010 -0020. 4. Frank H. Mackey and his wife, Margaret G. Mackey. "the Mackeys," acquired title in fee simple, by deed of Lauran O. Charles, et al., dated September 27, 1972 and recorded April 29, 1988 in the Recorder of Deeds office for Cumberland County in Deed Book "H ", Volume 33, Page 771 all the real property described therein (hereinafter referred to as "the Property ") situated in the Lower Frankford Township, County of Cumberland County, Commonwealth of Pennsylvania, consisting of 50 acres, more or less, and more fully described in Exhibit "A" attached hereto and incorporated herein. 5. An abstract of title showing the chain of title for the Property from the time of the Warrant of the property in 1796 to the present is attached hereto and incorporated herein by reference as Exhibit `B." 6. Margaret G. Mackey predeceased her husband, thereby vesting fee simple title to the Property in Frank H. Mackey, whose executors are the Plaintiffs herein. 7. The Mackeys possessed the Property since September 27, 1972. 8. The Mentzer Family claim ownership to a portion of the Property by various recorded and unrecorded deeds. An abstract of title for the Mentzer Family is attached hereto and incorporated herein as Exhibit "C." 9. The claim of the Mentzer Family to a portion of the Property is invalid and without legal basis. 10. Because of unrecorded deeds and gaps in record title, outstanding interests and potential claims exist for the Property by Samuel Diller and /or his heirs which constitute clouds upon Plaintiffs' title to the Property. 11. The claim. of Samuel Diller and /or his heirs is invalid and without legal basis. 12. Plaintiffs have caused to be completed extensive search and examination of the records in Cumberland and Perry Counties and in the State Archives. 13. From a review of these records, Plaintiffs believe and aver that John S. Yarlett and Israel Nickey acquired the Property from Samuel Diller by an unrecorded deed sometime in the late 1870s or early 1880s. 14. Cumberland County Assessment records for the period from 1880 to 1885 confirm that a 50 acre tract of mountain land was owned by " Nickey and Yarletts." 15. By decree of the Orphans' Court of Cumberland County in the estate of John S. Yarlett, the Property, with a legal description identical to the legal description in the most recent deed of record was awarded to Israel Nickey. 16. By various recorded deeds as recited on Exhibit "B" the Property was conveyed to Frank and Margaret Mackey. 17. By the deeds and conveyances as recited in Exhibit `B" Plaintiffs are the rightful owners of the Property and the claims of Defendants are without merit. WHEREFORE, Plaintiff prays: 1. That Defendants, and each of them, and all persons claiming under them, be required to set forth the nature of their claims to said real property; 2. That all adverse claims to said real property be determined by a Decree of your Honorable Court; 3. That said Decree declare and adjudge that Plaintiff owns in fee simple, and is entitled to the quiet and peaceful possession of, said real property; and that Defendants, and each of them and all persons claiming under them, have no estate, right, title, lien, or interest in or to said real property or any part thereof; 4. That said Decree permanently enjoin defendants, each of them, and all persons claiming under them, from asserting any adverse claim to Plaintiffs title to said property; 5. For such other and further relief as your Honorable Court deems just and proper. Respectfully Submitted, Robert G. Frey Attorney for Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243 -5838 We verify that the statements made in this complaint are true and correct. l understand that false statements herein are made subject to the penalties of 19 Pa. C. S. §4904 relatin- to unsworn falsification to authorities. Dated: September 2013 Joyce 1 ai r Barbara N inich ii �� �i m n. ins . �in��� si rs rono. n.s .,t moo, Bi.vr. xt „ea IF 60* MADE THE .2 7 Ty day of September In the year of our lord one thousand nine hundred seventy —two BETWEEN 1,4URAN 0, CHARLES and VELMA M. CHARLES, his wife and WILLIAM F. MARKLEY, JR. and CINDA MARKLEY, his wife, all of West Pennsboro Township,. Cumberland County, Pennsylvaniarronlors, parties of.the first part, and FRANK E. MACKEY and MARGARET G. MACKEY, his wife, both of North Middleton Township, Cumberland County, Pennsylvania, parties.of the second, part, Granlee S. WITNESSETH, that in consideration of One Hundred and no /100---- -- --- ----- - - - - -- --------------- °----- --- --- --------- -- - - - - -- ( $100.00) - - -- - -- •-Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said.gronlees , ALL that certain tract of mountain land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stone, Corner of land now or formerly of C. Throne; thence by the same, North 70'1/2 degrees East, 80 2/10 perches to stones; thence by .land's now or formerly of Samuel Diller, South 73 degrees East, 18 6./10 perches to a post; thence by same South 51 degrees East 61 perches to a pine; thence South 29 degrees East, 21 perches to a post;' thence South 70 degrees West 78 perches to stones; thence by land now or formerly of Daniel Green, South 85 degrees west 48 perches to stones; thence North 20 degrees West 65 5/10 perches to the place of BEGINNING. CONTAINING Fifty (50) Acres and One Hundred Nineteen ('119) perches, more or less. BEING the same tract of land which G. Elmer Menges and Mary R. Menges, his wife , by their deed dated the 26th of December, 1968, and recorded in the office of.the recorder of Deeds in and for Cumberland' County in Deed Book "A ",.Volume 23, page'986, granted and conveyed to i L l auran 0. Charles and William R. Markley two of the Grantors herein. Schoolst. Cumber o., Pa; Cum Co, Pe.. m c ' u jX 9641 Ed.to Trad.r Tes Ili Reel Efate Tr.e.hr Ty D.��.�� 5� t n r i , ;> ".owl. Qe, Dist. Cel, AeA � a n mmh. Co. Oi.f. C.I. Aal. w mc -e a -n ro a H - 4 an r. m "' COf1MOy`JrLAIiTI of. p6NNSyLVANiA = DEPARD.%ENT OF R:- .WNUE _ fi!ANiFEY. M1PR29'eC I`S`1•a� I' u �.. 0 � _i: i AND the said granto5 hereby covenant and agree that they and each of them will warrant generally the property hereby conveyed. �OOIS N 33 FA 7 71 . 1t t 1 IN WITNESS WHEREOF, said grantors ha Ve hereunto set the day and year firit above .written, their hand s and soul S MigneL, pr.IrD snit Psliuereb _.t 4L „. �a ' In s c Lauran 0 ' tit " " "° .... .............. ■ L l ! h/ �lrarnceof �P� 0 Charles ' Z &M /V C /lcj. Vey M: "' es• Wi R�. M, IgYr e^ din a - M r ey : ' ■■ L State of PennsylVania County of C ss, timberland 1 On this, the - 1 7' j day of September , IP72 , before me, the undersigned. of Icer,.personally appeared LaUran 0. Charles and Velma M. Charles, his wife, and William F. Markley, Jr, and Cinda, Markley,,his wife known to me for satisfactorily Proven) to be the persona- whose name trr " "'''in�ifisltu . y _ s are subscribed to the with- ent, and acknowledged that " i}I'"Vi'dTNESS WHEREOF, 1 hereunto set hand and official coal for the purposes therein Contained. /? �•'r.')i \1 :' ti Till* of Officer. 2 do hubby certify that Iho prec se reiNM1sgand EXPIRES I Iete DEC t p ' 4 9 the within named grdntee is P P st office addrbss of 1 r r f September 8 7 19' 72 • ff __.._._.. ._ Attorney for Saral t&M , E-4 `J S hereby certify the precise residence j 3 and complete .past office address of t9 the within named Grantees' is 3780' Spring� Carlisle, PA 17013 w 4129/88 •`� W �'g r'ec 01 .ui i V 4 a/ Oy►7W ki� �. ) 0 V W .0 W C9 I COMMONWEALTH F PENNSYLVANIA County of ss. RECORDED on this day of A.. D. 1P_Q._ to the Recorder's �r ' offiee of the sold Covnty, In Deed Book / 7 j 7 'ss ".`S` ...•:FC JS!; ....,fi^l'. VOL ...,- -.Page 7� :'1 # .i,: �..'1 .r�'-j� _Given under my hard q�n he s eal t,L:r' ^'� ,,; „ j 1 � ove ate ab written. Recorder, B'00'J� 33 PACE "f"J� ABSTRACT OF CHAIN OF TITLE OF LANDS NOW OF THE FRANK MACKEY ESTATE Pennsylvania State Archives Records Survey Book D -25, Page 138 Survey of Warrant granted to Samuel Reaugh July 1 5, 1796 423 Acres, 61 Perches west of lands of Thomas Damey Cumberland County Recorder of Deeds i -M -702 Deed from Charles Eddy to Matthias Hollenbach Tract named Mt. Hope contains 423 Acres, 61 Perches Perri County Deeds Cumberland County Assessment Record 2 -P -403 Deed from Charles Wells and 1847 -1849 & prior records Ellen I. Wells' to Matthias Hollenbach (Samueil Reaugh William T. Kennedy Warrant) — 40o acres May 15,1852 Samuel Reaugh Warrant 1853 —1855 records 40o acres William T. Kennedy, two 40o acre tracts along Lands of Thos. D (see copy) 1856 —1864 — No records ? ? ?? 2 -P -4o8 Deed from William T. Kennedy to 1865- 1876 records Samuel Diller Samuel Diller April 18,1864 2 20o acres unimproved mountain land Acreage is indeterminable because Portions of description were illegible 1 My research indicates that Eleanor Jones Hollenback was a daughter of Matthias H. Hollenback and married Charles Welles. While the spellings vary, it is reasonable to assume that the Grantors, Charles Wells and Ellen I. Wells are one and the same as Eleanor Joes Hollenback Welles and Charles Welles. 'This date matches exactly the date recited in the oldest deed of record in the chain of title before the break in the chain. Therefore, there is a high probability that the chain in Perry County is a portion of the missing chain in Cumberland County. s From what I was able to plot the description appears to be for the southern portion of the Samuel Reaugh warrant. Again this is consistent with this being a deed in the chain of title. 18 77 -1 879 Samuel Diller 5o acre unimproved mountain land Unrecorded Deeds Cumberland County Assessment Record Deed not recorded 188o-1885 Samuel Diller, Sr. and Nickey and Yarletts Cathrine Diller to 5o acre unimproved mountain land John S. Yarlett and Israel Nickey 3/10/1877 (conveyance as recited in 8 -M -468) 1886-1888 No record Cumberland County Recorder of Deeds Cumberland County Assessment Record Orphans Ct. Docket 24, Page 325 1889 —1891 Award of Purpart No. 3 Israel Nickey In the Estate of John S. Yarlett 5o acre unimproved mountain land To Israel Nickey For Description of Purpart No. 3, see survey at Orphans Ct. Docket 24, Page 2614 23 -A -982 Israel Nickey to Henry Raudabaugh D: 12/21/1896 R: 12/26/1968 50 Acres 119 Perches 8 -M-468 Henry Raudabaugh to Curtis Raudabaugh 9/2/1916 50 Acres, 119 Perches 9 -F -279 Curtis Raudabaugh & Lillie M. Raudabaugh to Clarence Bricker D: 8/1/1918 R: 5/3/1920 Tract 2: 50 Acres, 119 Perches 4 Note that the attorney for the Estate of John Yarlett in these proceedings was Christian Humrich who was the purchaser for unpaid taxes of the land in Mentzer's chain of title. 9 -U -148 Clarence Bricker to Sarah L. Menges D: 11/26/1923 R: 4/10/1924 50 Acres, 119 Perches 12 -Q -353 Sarah L. Menges to C. Elmer Menges and Mary R. Menges 6/5/1943 50 Acres, 119 Perches 23 -A -986 C. Elmer Menges Mary R. Menges 12/26/1968 50 Acres, 119 Perches 33 -H -771 Lauren O. Charles, et al. to Frank E. Mackey and Margaret G. Mackey D: 9/27/1972 R: 4/29/1988 50 Acres, 119 Perches c ABSTRACT OF CHAIN OF TITLE OF LANDS NOW OF MENTZER AND HARNSBERGER Pennsylvania State Archives Records Survey Book D -25, Page 138 Survey of Warrant granted to Thomas Damey March lo, 1 794 386 Acres, 42 Perches east of lands of Samuel Raughl Cumberland County Recorder of Deeds Sheriff's Docket No. 526 H. L. Ritter, Treasurer of Cumberland County to C. P. Humrich D: 6/13/1864 R: 8/24/1864 Unseated land in Frankford Township, containing 1,000 Acres, assessed and taxed in the name of Hollenbach's heirs. Unrecorded Deed C. P. Humrich a/k/a Christian P. Humrich to William H. Riggleman and William H. Thumma 1/1/1887 (As recited in 13 -R -64) Unrecorded Deed William H. Thumma et ux. to William H. Riggleman 2/3/1888 (As recited in 13 -R -64) 13 -A -276 William H. Riggleman and Anna E. Riggleman to Samuel A. Shambaugh D: 4/6/1896 R: 9/15/1945 1 Attached is a copy of the survey of patent for Thomas Damey. The survey is dated the same date as stated in the recital. From looking at tax, warrant and deed records, the owner of this warrant has been variously been named Thomas Damey, Dancey and Darcey. I believe all of these records refer to the same person and the same warrant. Note also that the name of Samuel Reaugh, warrantee in the Mackey chain, appears to be misspelled on the Damey survey. 100 Acres 13 -R -64 Samuel A. Shambaugh and Maud M. Shambaugh to Ray Miller D: 10/13/1947 R: 11/3/1947 100 Acres in the name of Thomas Dancey 14 -A -40 Ray Miller and Katherine P. Miller to John Mentzer, Francis Mentzer and George Mentzer as tenants in common D: 11/3/1947 R: 1/14/1949 100 Acres 3� 248 -3814 j 16--A-547 .36 -0 -292 George K. Mentzer Francis Mentzer Sylvia Mentzer And Betty J. Mentzer admin of John H. Mentzer To to to George K. Mentzer, Jr. Jack Mentzer Kim J. Harnsberger and Donald C. Harnsberger D: 10/10/2001 11/3/1992 9/16/1993 R: 10/12/01 12/8/1992 10/1/1993 1/3 interest Quit Claim no interest 1/3 interest stated 2 Note that the description would put the southern boundary of the property as the county line, whereas all surveys and tax maps show the county line as the northern boundary. Also, the description does not close. Robert G.Frey,Esquire Supreme Court 1.D.No. Attorney for Plaintiffs 46397 Frey and Tiley 5 South Hanover Street Tel: 717-243-5838 Carlisle,Pennsylvania 17013 Fax: 717-243-6441 JOYCE HAIR and BARBARA : IN THE COURT OF COMMON PLEAS OF MINICH,EXECUTRICES OF THE : CUMBERLAND COUNTY,PENNSYLVANIA LAST WILL AND TESTAMENT OF : FRANK MACKEY,DECEASED Plaintiffs v. : CIVIL ACTION - LAW : No. 13- 5388 CIVIL TERM GEORGE K.MENTZER,JR., : ACTION TO QUIET TITLE JACK F.MENTZER, KIM J.HARNSBERGER. • DONALD C.HARNSBERGER,and SAMUEL DILLER : `>;' and the unknown heirs of -- SAMUEL DILLER • ' ACCEPTANCE OF SERVICE y .b - • I,Jack F. Mentzer,a Defendant in the above captioned matter,do hereby 4cce service of the Complaint,this 3.0 day of September,2013. AIL Atif - Jakti F. Mentzer 401 Persimmon Lane Elizabethtown,PA 17022 JOYCE HAIR and BARBARA, : IN THE COURT OF COMMON PLEAS MINICH, EXECUTRICES OF THE : CUMBERLAND COUNTY, PENNSYLVANIA LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED, Plaintiffs CIVIL ACTION — LAW V. : NO. 13-5388 ACTION TO QUITE TITLE GEORGE K. MENTZER, JR., rn3: too _:V: KIM J. HARNSBERGER, DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER, = Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, George K. Mentzer, Jr., Jack F. Mentzer, Kim J. Harnsberger and Donald C. Harnsberger, in the above- captioned matter. Respectfully Submitted, SAIDIS, SULLIVAN & R'OGERS Date: D eyn a, Esquire Attorney I.D. No...80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for George K. Mentzer, Jr. Jack F. Mentser, Kim J. Harnsberger and Donald C. Harnsberger, Defendants JOYCE HAIR and BARBARA, : IN THE COURT OF COMMON PLEAS MINICH, EXECUTRICES OF THE : CUMBERLAND COUNTY, PENNSYLVANIA LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED, Plaintiffs CIVIL ACTION — LAW V. : NO. 13-5388 ACTION TO QUITE TITLE GEORGE K. MENTZER, JR., KIM J. HARNSBERGER, DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER, Defendants CERTIFICATE OF SERVICE AND NOW, November 15, 2013, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the attached Entry of Appearance upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 Res ly Submitted, t an E. Reynosa Esquire Attorney I.D. No ,0440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for George K. Mentzer, Jr. Jack F. Mentser, Kim J. Harnsberger and Donald C. Harnsberger, Defendants SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - Sheriff =a Jody S Smith 20 Pfl Chief Deputy �. L ! ` Richard W Stewart ��HSY�.Y�F��A Solicitor OFFICE OF TK$NERIF pE Joyce Hair&Barbara Minich, Executrices of the last Will and Testament of F Case Number vs. George K Mentzer, Jr. (et al.) 2013-5388 SHERIFF'S RETURN OF SERVICE 09/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald C Harnsberger, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint to Quiet Title according to law. 09/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kim Harnsberger, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint to Quiet Title according to law. 09/24/2013 10:21 AM -The requested Complaint to Quiet Title served by the Sheriff of Dauphin County upon Tyler Harnsberger, son of defendant, who accepted for Donald C Harnsberger, at 16 Rutherford Road, Harrisburg, PA 17109. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 09/24/2013 10:21 AM-The requested Complaint to Quiet Title served by the Sheriff of Dauphin County upon Tyler Harnsberger, son of defendant,who accepted for Kim Harnsberger, at 16 Rutherford Road, Harrisburg, PA 17109. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 09/30/2013 04:09 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint to Quiet Title by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: George K Mentzer, Jr. at 604 S. Broad Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. JASON IN EPUTY SHERIFF COST: $80.76 SO ANSWERS, November 20, 2013 RON R ANDERSON, SHERIFF (c)CountySuile Shenff,Teleosoft,Inc. tvt y �. rff . Shelley Ruhl Jack Duignan Real Esta e Deputy ?^° Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff JOYCE HAIR AND BARBARA MINICH, Commonwealth of Pennsylvania EXECUTRICES OF FRANK MACKEY, DECEASED VS County of Dauphin KIM HARNSBERGER Sheriff s Return No. 2013-T-2603 OTHER COUNTY NO. 2013-5388 And now: SEPTEMBER 24, 2013 at 10:21:00 AM served the within COMPLAINT TO QUIET TITLE upon KIM HARNSBERGER by personally handing to TYLER HARNSBERGER * 1 true attested copy of the original COMPLAINT TO QUIET TITLE and making known to him/her the contents thereof at 16 RUTHERFORD ROAD HARRISBURG PA 17109 * SON OF DEFENDANT AND ADULT PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to So Answers, before me this 26TH day of September, 2013 Sheriff of in a. By .01 COMMONWEALTH OF PENNSYLVANIA uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $66.5 9/23/2013 My Commission Expires August 17,2014 fir ` Shelley Ruhl Jack Duignan Real Esta a Deputy ?' Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff JOYCE HAIR AND BARBARA MINICH, Commonwealth of Pennsylvania EXECUTRICES OF FRANK MACKEY, DECEASED VS County of Dauphin KIM HARNSBERGER Sheriff s Return No. 2013-T-2603 OTHER COUNTY NO. 2013-5388 And now: SEPTEMBER 24, 2013 at 10:21:00 AM served the within COMPLAINT TO QUIET TITLE upon DONALD C. HARNSBERGER by personally handing to TYLER HARNSBERGER 1 true attested copy of the original COMPLAINT TO QUIET TITLE and making known to him/her the contents thereof at 16 RUTHERFORD ROAD HARRISBURG PA 17109 * SON OF DEFENDANT AND ADULT PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to So Answers, before me this 26TH day of September, 2013 Q�✓�"�� Sheriff of D hin Cou , PA'. '*, .- COMMONWEALTH OF PENNSYLVANIA Ddfuty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $66.5 9/23/2013 M Commission Ex fires Au ust 17 2014 JOYCE HAIR and BARBARA, : IN THE COURT OF COMMON PLEAS MINICH, EXECUTRICES OF THE : CUMBERLAND COUNTY, PENNSYLVANIA LAST WILL AND TESTAMENT OF • FRANK MACKEY, DECEASED, Plaintiffs : CIVIL ACTION— LAW v. : NO. 13-5388 : ACTION TO QUITE TITLE GEORGE K. MENTZER, JR., • KIM J. HARNSBERGER, DONALD C. HARNSBERGER, and : SAMUEL DILLER • - =" and the unknown heirs of SAMUEL DILLER, 6 Defendants • NOTICE TO PLEAD To: Joyce Hair and Barbara Minich Executrices of the Last Will and Testament of Frank Mackey, Deceased do Robert Frey, Esquire Frey&Tiley 5 South Hanover Street Carlisle, PA 17013 . You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, SAIDIS,4 LIVAN & ROGERS Dated: ( ( ( De j► . Reyno - •wire Att•rney .=. .. ;M40 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants Mentzer and Harnsberger a + JOYCE HAIR and BARBARA, : IN THE COURT OF COMMON PLEAS MINICH, EXECUTRICES OF THE : CUMBERLAND COUNTY, PENNSYLVANIA LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED, Plaintiffs : CIVIL ACTION — LAW v. : NO. 13-5388 : ACTION TO QUITE TITLE GEORGE K. MENTZER, JR., KIM J. HARNSBERGER, • DONALD C. HARNSBERGER, and • SAMUEL DILLER • and the unknown heirs of • SAMUEL DILLER, Defendants DEFENDANTS ANSWER TO PLAINTIFF'S COMPLAINT IN QUIET TITLE, NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendants, George K. Mentzer, Jr., Jack F. Mentzer, Kim J. Harnsberger and Donald C. Harnsberger, (hereinafter "the Mentzer Family") by and through their counsel, Dean E. Reynosa, and hereby avers as follows to Plaintiffs Complaint: 1. Admitted. 2. Admitted in part and denied in part. The addresses of the Mentzer Family Defendants are admitted with the following correction: Defendant Jack F. Mentzer's addresses 401 Persimmon Lane, Elizabethtown, PA 17022. With respect to the Diller Defendants, after reasonable investigation, the Mentzer Family is without information sufficient to form a belief as to the truth of this portion of this averment and the same is therefore denied. 3. Admitted upon information and belief. 4. Denied. The referenced deed is a written document and it speaks for itself. The balance of this averment states legal conclusions to which no response is • required. To the extent that a response is required, the Mentzer Family owns as tenants in common a portion of the Property that is claimed by Plaintiffs. 5. Admitted in part and denied in part. It is admitted that an abstract is attached to Plaintiffs' Complaint. The substance of the abstract is denied as the same is a legal conclusion to which no response is required. 6. Admitted in part and denied in part. It is admitted upon information and belief that Margaret G. Mackey predeceased her husband. The balance of this averment states legal conclusions to which no response is required. To the extent that a response is required, the Mentzer Family owns as tenants in common a portion of the Property that is claimed by Plaintiffs. 7. Denied. It is denied that Plaintiffs ever possessed the portion of Property owned by the Mentzer Family and represented on the deeds attached to this Answer with New Matter at Exhibits A, B, C and D. As represented by the attached deeds, the Mentzer Family owns approximately 100 acres. Plaintiffs, through this lawsuit, claim a portion of the 100 acres owned by the Mentzer Family. 8. Denied. It is denied that the Mentzer Family claims ownership to a portion of Property by various recorded and unrecorded deeds. The Mentzer Family, as tenants in common, jointly owns a portion of the Property claimed by Plaintiffs. The • Mentzer Family hereby further incorporates their response as set forth in paragraph 7 as though if fully set forth at length herein. 9. • Denied. The averments of this paragraph state legal conclusions to which no response is required. 10. Denied. The averments of this paragraph state legal conclusions to which no response is required. 11. This averment is directed at a party other than the Mentzer Family and therefore no response is required from responding the Mentzer Family. To the extent a response is required, the same is hereby denied as this averment states legal conclusions to which no response is required. 12. Denied. After reasonable investigation, the Mentzer Family is without information sufficient to form a belief as to the truth of this averment and the same is therefore denied. 13. Denied. After reasonable investigation, the Mentzer Family is without information sufficient to form a belief as to the truth of this averment and the same is therefore denied. Additionally, this averment states legal conclusions to which no response is required. To the extent that a response is required, the referenced records are written documents that speak for themselves. 14. Denied. This averment states legal conclusions to which no response is required. To the extent that a response is required, the referenced records are written documents that speak for themselves. 15. Denied. This averment states legal conclusions to which no response is required. To the extent that a response is required, the referenced decree is a written document that speaks for itself. 16. Denied. This averment states legal conclusions to which no response is required. To the extent that a response is required, the referenced deeds are written documents that speak for themselves. 17. Denied. This averment states legal conclusions to which no response is required. WHEREFORE, the Mentzer Family respectfully request that Plaintiffs' complaint be dismissed and judgment be entered in their favor establishing that the members of the Mentzer Family are the rightful owners of the disputed property. NEW MATTER 18. Defendants hereby incorporate all prior references of their Answer to Plaintiffs' Complaint as though if they were fully set forth at length herein. 19. Plaintiffs' Abstract of Title references a period of time where there were no records. • 20. Plaintiffs have failed to state a claim upon which relief may be granted. WHEREFORE, the Mentzer Family respectfully request that Plaintiffs' complaint be dismissed and judgment be entered in their favor establishing that the members of the Mentzer Family are the rightful owners of the disputed property. COUNTERCLAIM THE MENTZER FAMILY v. PLAINTIFFS 21. The Mentzer Family hereby incorporates all prior averments of their Answer to Plaintiffs' Complaint as though if they were fully set forth at length herein. 22. The Mentzer Family own as tenants in common 100 acres of land as represented in deeds attached hereto as Exhibits A, B and C. 23. Defendants Kim J. Harnsberger and Donald C. Harnsberger acquired an undivided 1/3 interest in the 100 acres by deed dated September 16, 1993. See deed attached hereto as Exhibit A. 24. Defendant George Mentzer, Jr., acquired an undivided 1/3 interest in the 100 acres by deed dated October 10, 2001. See deed attached hereto as Exhibit B. 25. Defendant Jack F. Mentzer acquired an undivided .1/3 interest in the 100 acres by deed dated November 3, 1992. See deed attached hereto as Exhibit C. 26. The 100 acres owned by the Mentzer Family includes a portion of the Property to which Plaintiffs claim ownership in this lawsuit. 27. The Mentzer Family's claim of title to 100 acres dates as far back as a Land Warrant of March 10, 1794. 28. The Mentzer Family members are the rightful owners of the disputed property as set forth in their recorded deeds. 29. The Mentzer family members' parents originally acquired the 100 acre property as tenants in common by deed dated November 3, 1947. See deed attached hereto as Exhibit D. 30. Plaintiffs' claim to any portion of the Mentzer Family's 100 acres as described in the deeds attached hereto as Exhibits A, B and C is invalid and without legal basis. WHEREFORE, the Mentzer Family Defendants respectfully requests that Plaintiffs' claim for quiet title be dismissed. The Mentzer Family Defendants additionally request that this Honorable Court: (1) declare and adjudge that the Mentzer Family Defendants be declared the rightful owners of the 100 acres described by their individual deeds as tenants in common; (2) declare that Plaintiffs, and all persons claiming through Plaintiffs, have no estate, right, title, lien or interest in the 100 acres owned by the Mentzer Family Defendants; (3) permanently enjoin Plaintiffs, and all persons claiming through Plaintiffs, from asserting any adverse claim to the Mentzer Family Defendants' title to the 100 acres described in their individual deeds; and (4) order any other and further relief as may be deemed just and appropriate under the circumstances. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS - Date: � I --c De/ 91 .a, Esquire At orney Id. 804.0 26 West High Str-et Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants Mentzer and Harnsberger • VERIFICATION We verify that the statements made in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: % �G)-403 Kim J. Han Halii:gberger, efenda Date: 2 Z0 ( I-.�rte,G t A ,16.6 Donald C. Harnsberger VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: 12 / 27/13 �� Jac F. Mentzer, Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: .DEc. George K. Mentzer, Jr., ;-fe dant' aTh THIS IN1OEnNTTURE MADE this 11- day of �% t'►Ik1V , 1993. BETWEEN SYLVIA J.MENTZER,individually,and as Administratrix of the Estate of JOHN H.MENTZER,late of Upper Frankford Township,Cumberland County, Pennsylvania, GRANTOR, AND KIM J.HARNSBERGER and DONALD C.HARNSBERGER,wife and husband,of Rutherford Road, Harrisburg, Pennsylvania, GRANTEE. WHEREAS JOHN H. MENTZER died December 28, 1992,intestate seized of certain land situate in Lower Frankford Township,Cumberland County, Pennsylvania;and WHEREAS the Letters of Administration from the Office of the Register of Wills In and for Cumberland County, Pennsylvania, were granted on January 26, 1993, and Letters of Administration were granted to,SYLVIA J.MENTZER,the above named Administratrix;and WHEREAS Section 3351 of the Probate,Estates and Fiduciaries Code(20 PS.3351)confers upon Administrators the power to sell at public or private sale, any real estate not specifically devised;and WHEREAS the hereinafter described premises were not specifically devised;and WHEREAS the said Administrator was not required to file any bond to secure faithful performance of her duties. NOW THIS INDENTURE WITNESSETH that said SYLVIA J.MENTZER,Administratrix of the Estate of JOHN H.MENTZER,deceased,for and in consideration of the sum or One Dollar($1.00) in lawful money of the United States,to her in hand paid by the said GRANTEE at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged she has granted, bargained,sold,aliened,released and confirmed,and by these presents does grant,bargain,sell, alien,release and confirm an undivided one-third(1/3)interest unto the said GRANTEE: TRACT#1 ALL THAT CERTAIN tract of timber land situate in Lower Frankford Township Cumberland County,Pennsylvania,containing twelve(12)acres,more or less. "'""y"`"""°O` "t u:Aa txlra OCT 1 1993' 3001(0'36 PACE 292 %S ' pp 10.1 cN0•V.4.•Tr we:warrunra a 1wp5I lAvA.Low oer.wo BEING the same tract of land which JOHN H.WARNER and BESSIE J.WARNER,his wife, by their Deed dated March 31, 1951,and recorded in the Office of the Recorder of Deeds In and for Cumberland County in Deed Book "U", Vol. 14, Page 517, granted and conveyed onto FRANCIS P. MENTZER,GEORGE K.MENTZER and JOHN H. MENTZER. JOHN H.MENTZER died December 28, 1992, thereby vesting his undivided one-third (1/3) interest in SYLVIA J. MENTZER,the GRANTOR herein. TRACT#2 ALL THAT CERTAIN tract of mountain land situate in Lower Frankford Township, Cumberland County, Pennsylvania,bounded and described as follows,to wit: BEGINNING at a black oak,corner of lands warranted in names of James Parks,Alexander McKeehan and John Dunbar,thence by said Dunbar,now Shearer,Warner, Hemminger's heirs, John Sipe and A.Myers,North 53 degrees West 280 perches to stones,believed to be a corner of land warranted in names of Cyrus Nickey;thence by said Nickey South 3 degrees west 87.5 perches, more or less, to a stone heap on top of North Mountain Intended to be on the line between the Counties of Cumberland and Perry;thence by said County line in a Southerly and Eastwardly direction,the several courses thereof an aggregate distance of about 302' perches to a stone intended to be on the County line,a corner of lands warranted in the name of James Parks,now C.P.Humrich,thence by same South 51/2 degrees West 85 perches,more or less,to the black oak,the place of BEGINNING. CONTAINING 100 acres,more or less. BEING the same tract of land which RAY MILLER and KATHERINE P.MILLER,his wife,by their Deed dated November 3, 1947,and recorded In the Office of the Recorder of Deeds in and for Cumberland County in Deed Book"A",Vol. 14, Page 40,granted and conveyed onto JOHN MENTZER,FRANCIS MENTZER and GEORGE MENTZER. JOHN H.MENTZER died December 28, 1992, thereby vesting his undivided one-third (1/3) interest in SYLVIA J. MENTZER, the GRANTOR herein. This conveyance is from mother to daughter and son-in-law and is therefore exempt from realty transfer taxes. TOGETHER with all and singular ways,waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging,or in anywise appertaining, and the reversions and remainders,rents,issues and profits thereof;and also,all the estate right, title, interest, use trust, property, possession, claim and demand whatsoever, in law, equity or otherwise howsoever,of, in,to or out of the same. TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted and released,or mentioned and intended so to be,with the appurtenances,unto the said GRANTEE 2 o0 36 PACE 293 --.—T f • • • D and their heirs and assigns,to and for the only proper use and behoof of the said GRANTEE their heirs and assigns,forever. WITNESS the due execution hereof the day,month and year first above written. . Signed,Sealed and Delivered in the Presence of: (---_.. jvlisfr-:I)r ;,WI _.':,:i a, ,.\\ '''..\‘‘-\' ‘ SYLVIA J.MENTZER,individually SYLVIA J.MENTZER,admipistratrix of the Estate.of John H. MentzerJ COMMONWEALTH OF PENNSYLVANIA ) :SS.• COUNTY OF CUMBERLAND. c, ) On this,the, till day of ..Ali i,1 ,1993,before me,the undersigned officer, personally appeared SYLVIA J.MENTZE-,i •ividually,and as Administratrix of the Estate of John H. Mentzer,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within Instrument, and acknowledged that she executed same for,the purppt$ly g:tip: contained. `x ": ' ..„.,.. IN WITNESS WHEREOF, I hereunto at my h.nd and ffici. seal. �..,'r4:'�'Y,};_.t .�I _'/ d�i '' '. 45 i1.,It►`%i�' �� l i�Y�/. ►ir fp :i" 1. CARLISLE . ; cu. TABERIAND CO..PA I - - t1Y GAMMI- .N EXPIRES AUGUST 14.1995 I do hereby certify that the precise residence and complete post• ce a••ress of the within named Grantee is: 16 Rutherford Road.Harrisburg,PA 17109 Date es— V 6k(Cr(3 411D.M7,1 C TIIQ.G ) Attorney for Grantor 3 BOOK 0 36 PACE 294 ) • 314-359 .� Tax Parcel No./‘( P1(.. j -c� �3b3 - va/ THIS DEED, MADE THIS /a day of LiC Ohtt , in the year of our Lord two thousand one (2001). BETWEEN GEORGE K. MENTZER and BETTY J. MENTZER, husband and wife Grantors, and, GEORGE K. MENTZER,JR., married man Grantee, WITNESSETH, that in consideration of ONE ($1.00) DOLLAR, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey an undivided one- third(1/3) interest to the said grantee, his heirs and assigns, TRACT NO 1 ALL THAT CERTAIN tract of timberland situate in Lower Frankford Township, Cumberland County, Pennsylvania, containing twelve(12) acres, more or less. BEING the same premise that John H. Warner and Bessie J. Warner, his wife, by their Deed dated March 31,1951, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "U", Volume 14, Page 517, granted and conveyed onto Francis P. Mentzer, George K. Mentzer and John H. Mentzer. Betty J. Mentzer joins her husband so they are the grantors herein. TRACT NO 7. ALL THAT CERTAIN tract of mountain land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a black oak, corner of lands warranted in names of James Parks, Alexander McKeehan and John Dunbar, thence by said Dunbar, now Shearer, Warner, Hemminger's heirs, John Sipe and A. Myers, North 53 degrees West 280 perches to stones, believed to be a corner of land warranted in names of Cyrus Nickey; thence by said Nickey South 3 degrees West 87.5 perches, more or less, to a stone heap on top of North Mountain intended to be on the line between the Counties of Cumberland and Perry; thence by said County line in a 248 i'Abi3 314 • southerly and eastwardly direction, the several courses thereof an aggregate distance of about 3021/2 perches to a stone intended to be on the County line, a corner of lands warranted in the name of James Parks, now C. P. Humrich; thence by same South 5' degrees West 85 perches, more or less, to the black oak, the place of BEGINNING. CONTAINING 100 acres, more or less. BEING the same premise which Ray Miller and Katherine P. Miller, his wife, by their Deed dated November 3,1947, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "A", Volume 14, Page 40, granted and conveyed unto John Mentzer, Francis Mentzer and George Mentzer. Betty J. Mentzer joins her husband so they are the grantors herein. This transaction is wholly exempt from Realty Transfer Tax because it is a conveyance from father and mother to son (72 PS § 8102-C.3). AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed,Sealed and Delivered in the Presence of j� GEORGE ZENTZER r" .,e jv - BETTY J'M ZER i uJ I--• •• 6-; c. ' k'l F-- ;, C7 CJ uuu( 248 r/uE3815 • Commonwealth of Pennsylvania ) ss. County of Cumberland ) On this, the /051A day of OG 1-t , 2001, before me, the undersigned officer, personally appeared GEORGE K. MENTZER and BETTY J. MENTZER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. • " Notary Public Notarial Seal .8c ;;;� •,,•.. • - '• Diane M.Smith,Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires June 22,2004 I do hereby certify that the precise residence and complete ..st offic: address of the within named grantee is 604 S. Broad Street, Mec anic •• , , 17055. 2001 Attorney for yr-4. e BOOK ix 248 PAuE3816 5`-‘°i0 f;0 ...1.1D;LER AECORDEA OF DEEDS cu::cc+LA:;i CODUTY-FA '92 DEC 8 fill 11 04 THIS DEED_ MADE THE IRO day of '71A1/-6.,,t41- , in the year of our Lord One Thousand Nine Hundred Ninety-Two (1992) BETWEEN FRANCIS P. MENTZER, of Carlisle, Pennsylvania, Grantor and Party of the First Part, and JACK F. MENTZER, of Rheems, Pennsylvania, Grantee and Party of the Second Part • WITNESSETH, that the said party of the first part, for and in consideration of the sum of One ($1.00) Dollar, lawful money • of the • United States of America, unto Grantor well and truly paid by the said party of the second part, at and before the sealing and delivery of these presents, the receipt whereof is remise, release and forever quit-claim unto the said party of the second part, his heirs and assigns, TRACT NO. 1 ALL THAT CERTAIN tract of timber land situate in Lower Frankford Township, Cumberland County, Pennsylvania, containing Twelve (12) acres, more or less. BEING that same tract of land which John H. Warner, at ux, by their. Deed dated March 31, 1951, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "U", Volume 14, Page 517, granted and conveyed unto Francis P. Mentzer, the Grantor herein. TRACT NO. 2 ALL THAT CERTAIN tract of mountain land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a black oak, corner of lands warranted in names of RA436 ma 547 • • James Parks, Alexander McKeehan and John Dunbar; thence by said Dunbar, • now Shearer, Warner, Hemminger's heirs. John Sipe and A. Myers, North 53 degrees West 280 perches to stones, believed to be a corner of land warranted in names of Cyrus Mickey; thence by said Mickey South 3 • degrees West 87.5 perches, more or less, to a stone heap on top of North Mountain intended to be on the line between the counties of Cumberland and Perry; thence by said county line in a southerly and eastwardly direction, the several courses thereof an aggregate distance of about 302 1/2 perches to a stone intended to be on the county line, a corner of lands warranted in the name of James Parks, now C. P. Humrich; thence by same south 5 1/2 degrees West 85 Perches, more or less, to the black oak, the Place of BEGINNING. CONTAINING 100 acres, more or less. BEING the same tract of mountain land which Ray Miller, et ux, by their deed dated November 3, 1947, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed - Book "A", Volume 14, Page 40, granted and conveyed to John Mentzer, Francis Mentzer and George Mentzer, one of the Grantors herein. THIS IS A TRANSFER FROM FATHER TO SON AND IS TAX EXEMPT. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also, all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the said premises, III and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said party of the second part, his heirs and assigns, to and for the only proper use and behoof of the said party of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED and DELIVERED \11 in the Presence of 1 i _1 % • A ' n 1 i ,// g, • SEA j 1 FRANCIS P. MENTZE• 60ox {-/36 PACE 548 0 • Received the day of the date of the above Indenture of the above named Jack F. Mentzer the sum of One ($1.00) Dollars, lawful money of the United States, being the consideration money above mentioned in full. Witness: nn ?(( n� !� �CJ�T Iwo teat. 22- Of State of Pennsylvania) ( SS: County of Cumberland ) • On this, the °Art day of Y7/-7.46,z/E.4../ , 1992, before me, a Notary Public, the undersigned officer, personally appeared FRANCIS P. MENTZER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. iii{ h4 Y • • eY�P(JfAfllllL•_y /.1;4 tot r lyp.jL nceeter(O;- M ommission Expires June�5,a f• •r$}�''• CERTIFICATE OF RESIDENCE, I do hereby certify that—the precise residence and complete post office address of the within grantee is P.O. Box 276, Rheems, Pennsylvania 17570-0276. 1 Attorney for Grantee • 'OR A 36 PACE 549 • i • ,,'k:"ii ., 3.'!',4Ar' .r xr- i r A' ;„' RYx k"'” �` '1 t r t.xt fa i '0F y•yd4 ,a `�u x`rv' _ •.,fir L„ .... ...:'- .#}:.i "R •..,•; n 'Y ;S,}S �` gt -d.• l.- „�'� .,.,N'Y:�Its 4n'!::'.�4.-.°r:��F'6:• ? Nor' '-P•y . . t1°:ler�s�"::',..`R f.fr ., t DEER:DAT ED'C'EC IR it t' k. 4F '.`fu II :/-, - AND, OOIJN T}' IN DE a I: . ;e + i x f { .. THE 0,lNE.,,OF 515, ' -' i ... c r 4, i+'��**�''::yiN•?t ,r k I .ANY OF' �,'�,:Y.: TEEM Wf7H, TttE.6 r�':»�t`.:.'='d` >?-"•''�•'"i5' ,3' ._ AND THE SAID GR TORS t10 'i:: s::; f �il`1:'1''.;%.;,': '. THEY THE,_GRANTORS.,'THEIF'rHEI re,-EXEC - � , ., Alk;.::= El ER DEFEND THE HERE IN ?34VE,)ESCR Ig .:• ., ,_: 14:1 .0t � 1. THE SA JD GRANTEES, THEIR HEI'I AND ASS)GNS,.-AGA1 .�> 'r r .' j .PEFSGC LAVA LLLY CLAIMING OR 114-10, SHALL HEREAFTER CL I • "F:::: ^;�' Ir` F .IN V/ITNEES WHEREOF, SAID DANTORS HAVE HEEEU TO SE ' L& THS?D ' 41x{ .0,,...„4: FIRST ABOVE 'WRITTEN. 1 zx ti 3 a)x: ,.F�LED AND DELI\ERED Ult. $' .s'.:»:. 1i''`..y' : T' IF. THEPRESSENCEOF tT' i k��t, xg4; AIJN4 B. CROUP a x» *;r ;.44.2.1: CHAR LES P. TODD; tx :5 `fl�`.%'°T " I g.- BLANCHE.G. `TODD ` p 1.TFF '12 a `� i , RCZC,EP..K. TODp 1.0s t,• .:,,la>lk.. 1 ,I I LEN E. TODD ^,.t8 .. ,.. . ;. ,.• GLENN E• TODD ' , 1 W E 33. � ;4. STATE OF PEIg:JSYL`.'AOIA erE4 '�",..�;, r' I CCU^1TY OF CUM L'EFiAl,;O 8 ` + " :iY :64''':ii.. 1 ON THL 10TH DAY OF JA`AIAPY, 192.9, GEROPE A"E TFE UNDEF IGNED OFF ICE,R,.PERSONALL pREAR:1 1. ,r r CH3RLES R. TOGO ANC BLANCHE G. TODD, HIS ,yl�, ROGER.K. TODD AhC HELEpd�E, fpDO, 'H E5 �U1 �yfe �. j'l 4' 1 GLEIIt, F. TODD, GIi;CLE ',IAN, KNOWN TO ME (OR SATISFACTORILY PROVEN) TO BE THE PE ���,N r .s �'st4r,; ARE SUOSCRIBED TO TYIE DITRIIi INGTRLt.IENT AND AD OO DGED THAT ' :x. _,E THEY EXECUTED Tf t4E¢OF{ q ' �: ?' . I. PU^POSES TFEREI,, CO1 TAINND), ,AND DES!RED THE SAW MI C4-IT BE RECORDED AS SUCH.. �; ` F II; V'ITI-.ESE t'JHE:EDF, I HEREUNTO SET h1Y HAND A■JD OFFICIAL-SEAL. k ^' s � M s' „t "''''.'• 3, s-' Zt n E"fi t 1 0. C. PLASTERER ' .f,4;; r` n', t { 1 , C.G.P. h Ik 's A'1 ft I JDTFk�{Y PLIEDIC ii H.P. e 3'� i �, IIY co-,,,,10 I SSI OR EYP LB END DF NEXT` 2' .. f'• 1 THE ADDRESS OF TIE WITH IN—IJA.PED GRANTEE IS'. < I i' ;•: .' 513 S. YI'fI',ST. CAfZLISLE, PEt� _� ,� '� 1 . F(BERT LEE JACOBS ,�" ' r >- a 1tF t•i • (I • ON 13EHALF Or 111E CR?NTEE. a „ ' : a" 1 N0, 223A.7 {{ _g y"•,' PEED - I L`Ar FLLED' t - TKI 5 :,....:1-..i.:.•..: :: _1 RAY �i1LLER„ST UX ,,, r rR .. ,r tx" 'r'i -'iT0 i' ,p: '� t- LOSE ONE aa• ter• V% i 2"` 1 0 r ' :'1 .12-. _'B .tn_. ,;. s y . , :„ ' 1 -WIFE, OF tOVER•FRAt�}Sf T©" "Q i " �'<i� t *'1 3 ^ �y ! ` fR YS AIENTZER 1 r ,, ,; '" a''4 1 .1 4:,-, 1 fF�E :,,(..VANt ER 5 2t , ,g '; S<`•�7i:. a:-''_..r:. 1„ t 1` G> 1 - ` r �F z ��f'�r.,, ;: x.:,S_ fY�=3r, 'i s;i; li`.: " ;,S .1 w�V� e 1� . . ,.•S+ . P.FkU r . ) ✓yX r I � fi3 r{r . s 0 ,,F ' PZ a• '7- fir I' >k { W. K. FI Ig i-S Ti T . • • k . .. . er I, AMM INTENDED TO OE 0h: THE LINE BETWEEN THE'„ r ' •t TY LINE t A $OUTHERLY'AND EASTW,TDLY; DTEC-1• _:. ,. .. I TAN'DE OF h?,OUT 302,1, PERCHES TO A STONE INTENDS -, `•'RAM-[EQ I N THE NAME-OF JAMES PARKS, NOW C. P HLR.`R I , - ' , HES, MORE OR LESS, TO THE BLACK OAK,'THE PLACE OF BE-1 1 a ESS. I I:'. 6EING:THE SAME TACT OF t,,OUNTA1N LAND WH ICH SAMJEL A. CHAF.-13AUCH AND t.IAUD M. SHAt8AUGH, HJS t 1 i:: WIFE, 13Y 3HEIR LI''D DATED' t?OTOBER13,:1-'945, 'AND ENTERED FOR REOCRD IN THE OFFICE OF THE RMMDER DF D£ED I1�A:k FAR Cll7E 13lAND;C(JUWTY 1t� DEED Et n�` ”, VOL. , PAGE GRANTED AND CON— V� VEYED TD RAY MILLER, (-IANIDFI HEREIN. i !.'. r' 1 'AID, THE SAID=GRAC`1TORS, DO HEREBY CCNENANTAND AGREE TO AND WITH THE SAID GRANTEES, THAT , . 1, THEY THE CT?ANTORS, . I . , DA r THEIR HEIRS, EXEC11TpfiSAiJD,,AD,AfNISTR�TRS SHALL AND WILL WARRANT GENERALLY AND •' FOREVER DEFEND THE HEREIN AOCVE DESCRIBED PREMISES WITH THE HEREDITA'EUTS AND APPURTENANCES, ' J'-.UNTO THE SA IDS GRANTEES THEIR HEIRS AND ASSIGNS } ,: , AGAINST THE SA ID GRANTORS, ANC AGA I A'ST_EVERY OTHER !t PERSON LAY/FILLY CLAMING OR.VFIO`SHALL HEREAFTER CLAIM THE SAA:E OR ANY PART THEREOF. c r.- IN WITNESS WHEREOF, SAID-MANIOCS HAVE HEREUNTO SET THEIR HAND AND SEALS THE DAY.AND YEAR FIRST ABOVE,WR ITTEN:. S ICUdEP, SEALED Abp DELILERED .I PI THE PRESENCE OF ( RODERT LEE JACOBS RAY MILLER (SEAL) KATHERINE P. MILLER (SEAL) 1 STATE OF PENNSYLVANIA I ",, COUNTY OF CUMBERLAND , : . SS 611 THIS, THE 3RD DAY OF NCVEnMCEP, 1947, BEEMiE NE, THE LINPEPS IGNED OFFICER„PERSONALLY APPEARED �-,' RAY MILLER AND-KATFERIPE P. MILLER, HIS WIFE , ENCAAN TO ME (OR SATISFACTCR IL? PROVEN) TO DE TIE ' PER SONG WHOSE NAMES SU5SCR13ED TO TIE WITHIN IiVTRUVENT, AND ACKNOWLEDGED THi,T THEY EXECUTED THEE SAI,E FOR THE P LRPO E5 TFERE IN C ONTA I NED. IN V,'1TIESS ' ERER,, 1 HEREUNTO SET "fY HAND AND OFT 10 IAL SEAL. C. HENOERGON HUMR ICH t p, DEPUTY REC'T.DER PL OF DEEDS — CUME,EAbD COUNTY, .I'j OF RECCRDER PA. ;II MY COG/,IISSION EXPIRES 1ST /..1.,)14 JAN. 1950. > ! � CERTIFICATE OF RESIDENCE I DO HEREBY CERTIFY THAT THE PRECISE RES!DENSE OF THE WITHIN NAMED E,CANTEE IS JOHN H. MTITZER : 618”S. LOUTHER ST., CARLISLE, PA. t,'", 3R4ITEE I 1 NO. 22349 ; GS:TF1 £TATCL '£'I � 1 {,J TAE THIb DEED DEED; s ,a ,=i 404406944 MADE,TIE 14TH DAY OF JANUARY IN THE YEAR 0E1 tl1: MAE 1 0■35 I," �y ifioy,,.y OUR LORD:ONE THOUSAND NNE HUNDRED A. FORTY—N IN,. 1 \ a �, - r 13 ETWEEN MAE T, EAG,LEY, WIDOW OF THE EE000-1 e; F ra ?s f3a qi*•aR . _' , {NANO COT EEI NEYLVANIA, PARTY OF TIC i' t l ;i L TER REFERRED TO AS CHAhTOFi, tt ` c z�. 4 r x i,: '''.1,r,'\ .',;-;::- c A �l D} F.. ': ' • l ti�� Imo, 4 µ rs h si ," p a .: � »:c M GE TJ fYIa M. RUC!IS 1LLr HIS WIFE OF.-T1 E I tt" '�,t"c : �.'� �'c7d tt�� z , I �,. :4, ;' t' ;.`WViiA)$ a� . .,',,: ECONO PAAT,,HEHE1NAFTER REFERRED Tfl a t '. `I,z s a ';: A 1 t ., •"i....'.• 4 4 f P , zx ,1 ,, . fit, --.. I. i • r - a 1 I. N ` :1-,',...,A ` r% -9-,,v,.,,,, • ., CO : kK}yt���..��.� , tom, ��,'` el ,3. EtM,a. .',",i.,.':: ' u.' 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HARNSBERGER, and SAMUEL DILLER • and the unknown heirs of • SAMUEL DILLER, • Defendants CERTIFICATE OF SERVICE AND NOW, January (0 , 2014, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the Defendant's Answer to Plaintiff's Complaint in Quiet Title and New Matter upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Robert Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 rAirp De,n 'r a, Esquire Attorney I.D. No. 80440 Saidis Sullivan L.w 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants Mentzer and Harnsberger PRO i HONG Ft,:.' Robert G.Frey,Esquire Supreme Court I.D.No. Attorney for Plaintiffs 20;le FEB -14 AM I I: 2 9 46397 Frey and Tiley 5 South Hanover Street `lF' i `i COUNT Tel: 717-243-5838 Carlisle,Pennsylvania 17013 PENNSYLVANIA Fax: 717-243-6441 JOYCE HAIR and BARBARA : IN THE COURT OF COMMON PLEAS OF MINICH,EXECUTRICES OF THE : CUMBERLAND COUNTY,PENNSYLVANIA LAST WILL AND TESTAMENT OF : FRANK MACKEY,DECEASED Plaintiffs • v. : CIVIL ACTION - LAW : No. 13-5388 CIVIL TERM GEORGE K.MENTZER,JR., : ACTION TO QUIET TITLE KIM J.HARNSBERGER. DONALD C.HARNSBERGER,and : SAMUEL DILLER and the unknown heirs of • SAMUEL DILLER • ANSWER TO NEW MATTER AND COUNTERCLAIM And now come Joyce Hair and Barbara Minich,Executrices of the Last Will and Testament of Frank Mackey,Plaintiffs,and answer the New Matter and Counter Claim of the Mentzer Family as follows: NEW MATTER 18. No responsive pleading is required. 19. Admitted in part; denied in part. It is admitted that there is a period in Plaintiff's abstract of title where Plaintiffs have been unable to find a deed recorded in the Office of the Recorder of Deeds. It is denied that there are no records. In fact,there are Cumberland County Tax Assessment records and records in the Register of Wills Office of Cumberland County confirming the chain of title as alleged by Plaintiffs. .Cumb •' into As: essment records for the period from 1880 to 1885 confirm that a 50 acre tract of mountain land was owned by "Nickey and Yarletts"who were are referenced as owners in Plaintiffs' chain of title. By decree of the Orphans' Court of Cumberland County in the estate of John S.Yarlett,the Property,with a legal description identical to the legal description in the most recent deed of record in Plaintiffs' chain of title was awarded to Israel Nickey,a predecessor in Plaintiffs' chain of title. 20. Denied. The allegations in paragraph 20 are a legal conclusion to which no responsive pleading is required. COUNTERCLAIM 21. No responsive pleading is required. 22. Denied. Plaintiffs,after review of Mentzer Family's Exhibits A,B and C, are unable to locate and identify the land alleged to be conveyed to the Mentzer Family. Plaintiffs are unaware of the monuments referenced in the legal description and strict proof of their location is demanded. The legal description in all of the deeds referenced does not enclose or identify any parcel of land,and are,therefore,inoperable. To the extent the deeds do locate the land conveyed,the land conveyed is located north of the dividing lines between Cumberland and Perry Counties,placing the land in Perry County and not within the bounds of the land owned by Plaintiffs 23. Admitted in part; Denied in part. It is admitted that a 1/3 interest in land was purported to be conveyed to Kim J. Harnsberger and Donald C. Harnsberger by deed of September 16, 1993. For the reasons set forth in paragraph 22 above,it is denied that said deed conveyed any interest in the land owned by Plaintiffs. 24. Admitted in part; Denied in part. It is admitted that a 1/3 interest in land was purported to be conveyed to George Mentzer,Jr. by deed of October 10,2001. For the reasons set forth in paragraph 22 above,it is denied that said deed conveyed any interest in the land owned by Plaintiffs. 25. Admitted in part; Denied in part. It is admitted that a 1/3 interest in land was purported to be conveyed to Jack F.Mentzer by deed of November 3, 1992. For the reasons set forth in paragraph 22 above,it is denied that said deed conveyed any interest in the land owned by Plaintiffs. 26. Denied. As set forth above,because of the deficiencies in the legal descriptions the deeds recited by the Mentzer Family fail to identify or locate the land purported to be conveyed and are,therefore,inoperable of conveying anything. To the extent the deeds locate the land conveyed,the land is located somewhere north of the Cumberland and Perry County lines and is not a part of the land owned by Plaintiffs. 27. Denied. It is denied that the Mentzer Family has a chain of title that dates back to a Land Warrant of March 10, 1794. On information and belief,Plaintiffs aver that the Mentzer Family chain of title includes a period of time for which there is no record ownership and includes a sale for unpaid real estate taxes owed by unknown and unnamed owners of the real estate. 28. Denied. As set forth above the deeds referenced by the Mentzer Family are inoperable because of their failure to identify the land conveyed and do not identify any land owned by Plaintiffs. 29. Denied. The deed identified as Exhibit D contains the same defective legal description as in Exhibits A,B and C. As set forth in paragraph 22 above,it was inoperable in conveying anything for failure to identify the land conveyed. 30. Denied. Plaintiffs have established a chain of title dating back to the original warrant through records in the various offices of Cumberland and Perry Counties and in the Commonwealth of Pennsylvania archives of ownership of a 50 acre tract of land as described in Plaintiffs' complaint. The Mentzer Family's Exhibits A,B,C and D fail to describe any land at all and fail to identify any portion of the 50 acres owned by Plaintiffs. WHEREFORE,Plaintiffs respectfully request that the Mentzer Family counterclaim be dismissed and that this Honorable Court: 1.Declare and adjudge that Plaintiffs own in fee simple,and are entitled to the quiet and peaceful possession of the real property as described in Plaintiffs' Complaint; 2.Declare that Defendants,and each of them and all persons claiming under them, have no estate,right,title,lien,or interest in or to said real property or any part thereof; 3. Permanently enjoin defendants,each of them,and all persons claiming under them,from asserting any adverse claim to Plaintiffs title to said property; 4. Order such other and further relief as your Honorable Court deems just and proper. Respectfully Submitted, Robert G. Frey Attorney for Plaintiffs 5 South Hanover Street Carlisle,Pennsylvania 17013 (717) 243-5838 We 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 19 Pa. C. S. §4904 relating to unsworn falsification to authorities. Dated: January'J ,2014 (A4.4- Joyce Hair Barbara Minich Robert G. Frey, Esquire Attorney for Plaintiffs Frey and Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 46397 Tel: 717-243-5838 Fax: 717-243-6441 JOYCE HAIR and BARBARA MINICH, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs v. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 13-5388 CIVIL TERM : ACTION TO QUIET TITLE —4 Q MOTION FOR SERVICE BY PUBLICATION AND NOW, comes the Executors of the Estate of Frank B. Mackey, Plaintiff, by their attorney, Robert G. Frey, Esquire, and file this Motion for Service by Publication, of which the following is a statement: 1. This Action to Quiet Title was commenced by a Complaint filed in the Cumberland County Prothonotary's Office on September 12, 2013. A copy of that Complaint is attached hereto as Exhibit "A." 2. The title of the real estate which is the subject of this action undetermined, in that it is claimed both by Plaintiff and by Defendants George K. Mentzer, Jr., Kim J. Harnsberger and Donald C. Harnsberger, hereinafter referred to as "Mentzer and Harnsberger." 3. Plaintiff believes and therefore avers that the aforesaid premises is part of a tract of land originally owned by Samuel Diller by virtue of a deed dated April 18, 1864, recorded in Perry County Deed Book 2, Volume "P," Page 408, a copy of which is attached hereto, incorporated by reference and marked Exhibit "B." 4. In addition to Mentzer and Harnsberger the other herein named Defendants are Samuel Diller, who is believed to have died December 18,1879, and the heirs at law of Samuel Diller (hereinafter referred to as the "Diller heirs"). 5. Plaintiff avers that neither Samuel Diller nor any of the Diller heirs conveyed their interest in the aforesaid premises by recorded deed, up until the date of the filing of this Motion. 6. Plaintiff avers that no estate was opened for Samuel Diller nor his wife, Rebecca Diller, and that his heirs have not attempted to make any claim on the real estate in question. 7. The Plaintiff has made a good -faith effort to determine the whereabouts of the heirs of Samuel Diller set forth in an Affidavit attached hereto and marked as Exhibit 8. Given the length of time since the death of Samuel Diller and the dispersion of some of his known heirs, Plaintiff is unable to determine who are the current living heirs of Samuel Diller. 9. Based on historical information, Plaintiff believes that some of the persons with the last name of Diller living in or near the town of Diller, Nebraska may be heirs of Samuel Diller. The names and addresses of all said persons located by Plaintiff are attached hereto as Exhibit "D". However, Plaintiff is unable to determine who may be additional heirs and where they may reside. 10. The only way to serve this Action to Quiet Title on the Diller heirs is by publication. 11. Plaintiff dravc),s the Court's attention to the quiet title action 2013-01540 Civil Term which also involved a quiet title action against the heirs of Samuel Diller. Counsel for Plaintiff in that action were also unable to locate the heirs of Samuel Diller and served the complaint on them by publication. 12. Pa. R.C.P. 410(a) provides: (a) In actions involving title to, interest in, possession of, or charges or liens upon real property, original process shall be served upon the defendant in the manner provided by Rule 400 et seq. 13. Pa. R.C.P. 430 provides for service by publication upon special order of the Court when service cannot otherwise be made. Furthermore, Pa. R.C.P. 430(b)(2) provides that: (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. 14. As set forth on the Affidavit attached as Exhibit "C" the heirs of Samuel Diller are unknown. 15. Pa. R.C.P. 410(c) states as follows: (c) If service is made pursuant to an order of court under Rule 430(a), the court shall direct one or more of the following methods of service: (1) publication as provided b Rule 430(b), (2) posting a copy of the original process on the most public part of the property, (3) registered mail to the defendant's last known address, and (4) such other methods, if any, as the court deems appropriate to give notice to the defendant. 16. The Plaintiff requests that the Court enter a special order for Service by Publication on the heirs of Samuel Diller by Notice attached hereto as Exhibit "E". Said Notice to be published one in The Sentinel and once in the Cumberland Law Journal. 17. Pursuant to Pa. R.C.P. 410(c)(4) Plaintiff further requests that a Notice attached hereto as Exhibit "E" and a copy of the complaint be mailed by first class regular mail to the persons and addresses listed on Exhibit "D". 18. Dean E. Reynosa, Esquire, Attorney of record for George K. Mentzer, Jr.., Kim J. Harnsberger and Donald C. Harnsberger, three of the Defendants in the above referenced matter has confirmed to that his clients have no opposition to the within Motion. 19. No judge has been previously assigned in the above -captioned matter. WHEREFORE, Plaintiff prays Your Honorable Court for a special order for Service of the Complaint of Quiet Title upon the heirs of Samuel Diller, by publication of the Notice attached hereto as Exhibit "E" once in the Cumberland Law Journal and once in the Sentinel and by first class regular mail to the persons and addresses listed on Exhibit "D". Respectfully Submitted, Robert G. Frey Attorney for Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Robert G. Frey, Esquire Attomey for Plaintiffs Frey and Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 46397 Tel: 717-243-5838 Fax: 717-243-6441 JOYCE HAIR and BARBARA MINICH, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs v. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 13-5388 CIVIL TERM : ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, Robert G. Frey, Esquire, Attorney for Plaintiffs, certify that on October2014, I delivered a true and correct copy of the Motion for Service by Publication by hand delivery, upon the following: Dean E. Reynosa, Esquire 26 East High Street Carlisle, PA 17013 Dated: OctoberZ22014 Respectfully submitted, Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D. No.: 46397 Robert G. Frey, Esquire Attorney for Plaintiffs Frey and Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 46397 Tel: 717-243-5838 Fax: 717-243-6441 JOYCE HAIR and BARBARA MINICH, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs v. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 13- 53$eCWIL TERM : ACTION TO QUIET TITLE • • 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 EXHIBIT "A" rni rn ::i C) -4 Q � -ri Q L'7 n Ta AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. EXHIBIT "A" JOYCE HAIR and BARBARA : IN THE COURT OF COMMON PLEAS OF MINICH, EXECUTRICES OF THE : CUMBERLAND COUNTY, PENNSYLVANIA LAST WILL AND TESTAMENT OF : FRANK MACKEY, DECEASED Plaintiffs v. : CIVIL ACTION - LAW • GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER : No. 13- CIVIL TERM : ACTION TO QUIET TITLE COMPLAINT TO QUIET TITLE Plaintiffs, by and through their attorney, Robert G. Frey, complain of Defendants named herein and all persons unknown claiming any right, title, estate, lien, or interest in the real property described herein adverse to plaintiffs title, and for a cause of action alleges: 1. Plaintiffs are Joyce Hair, an adult individual, who resides in the Township of Carroll, County of Perry, Commonwealth of Pennsylvania and Barbara Minich, who resides in the Township of Carroll, County of Perry, Commonwealth of Pennsylvania 2. Defendants reside as follows: George K. Mentzer, Jr. 604 South Broad St. Mechanicsburg, PA 17055 Kim J. Harnsberger Donald C. Harnsberger 16 Rutherford Road Harrisburg, PA 17109 Jack F. Mentzer PO Box 276 Rheems, Pennsylvania 17570-0276 EXHIBIT "A" (Hereinafter collectively referred to as "the Mentzer Family.") The addresses of Samuel Diller and his unknown heirs are unknown, after making investigation of public records. 3. Plaintiffs are the executrices of the Last Will and Testament of Frank H. Mackey, being duly appointed by the Register of Wills of Perry County by Letters Testamentary on January 25, 2010, file number 5010-0020. 4. Frank H. Mackey and his wife, Margaret G. Mackey. "the Mackeys," acquired title in fee simple, by deed of Lauran 0. Charles, et al., dated September 27,1972 and recorded April 29, 1988 in the Recorder of Deeds office for Cumberland County in Deed Book "H", Volume 33, Page 771 all the real property described therein (hereinafter referred to as "the Property") situated in the Lower Frankford Township, County of Cumberland County, Commonwealth of Pennsylvania, consisting of 50 acres, more or less, and more fully described in Exhibit "A" attached hereto and incorporated herein. 5. An abstract of title showing the chain of title for the Property from the time of the Warrant of the property in 1796 to the present is attached hereto and incorporated herein by reference as Exhibit "B." 6. Margaret G. Mackey predeceased her husband, thereby vesting fee simple title to the Property in Frank H. Mackey, whose executors are the Plaintiffs herein. 7. The Mackeys possessed the Property since September 27,1972. 8. The Mentzer Family claim ownership to a portion of the Property by various recorded and unrecorded deeds. An abstract of title for the Mentzer Family is attached hereto and incorporated herein as Exhibit "C." 9. The claim of the Mentzer Family to a .portion of the Property is invalid and without legal basis. EXHIBIT "A" 10. Because of unrecorded deeds and gaps in record title, outstanding interests and • potential claims exist for the Property by Samuel Diller and/or his heirs which constitute clouds upon Plaintiffs' title to the Property. 11. The claim of Samuel Diller and/or his heirs is invalid and without legal basis. 12. Plaintiffs have caused to be completed extensive search and examination of the records in Cumberland and Perry Counties and in the State Archives. 13. From a review of these records, Plaintiffs believe and aver that John S. Yarlett and Israel Nickey acquired the Property from Samuel Diller by an unrecorded deed sometime in the late 1870s or early 1880s. 14. Cumberland County Assessment records for the period from 1880 to 1885 confirm that a 50 acre tract of mountain land was owned by "Nickey and Yarletts." 15. By decree of the Orphans' Court of Cumberland County in the estate of John S. Yarlett, the Property, with a legal description identical to the legal description in the most recent deed of record was awarded to Israel Nickey. 16. By various recorded deeds as recited on Exhibit "B" the Property was conveyed to Frank and Margaret Mackey. 17. By the deeds and conveyances as recited in Exhibit "B" Plaintiffs are the rightful owners of the Property and the claims of Defendants are without merit. WHEREFORE, Plaintiff prays: 1. That Defendants, and each of them, and all persons claiming under them, be required to set forth the nature of their claims to said real property; 2. That all adverse claims to said real property be determined by a Decree of your Honorable Court; EXHIBIT "A" 3. That said Decree declare and adjudge that Plaintiff owns in fee simple, and is entitled to the quiet and peaceful possession of, said real property; and that Defendants, and each of them and all persons claiming under them, have no estate, right, title, lien, or interest in or to said real property or any part thereof; 4. That said Decree permanently enjoin defendants, each of them, and all persons claiming under them, from asserting any adverse claim to Plaintiff's title to said property; 5. For such other and further relief as your Honorable Court deems just and proper. Respectfully Submitted, Robert G. Frey Attorney for Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 EXHIBIT "A" We verify that the statements made in this complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 19 Pa. C. S. §4904 relating to unsworn falsification to authorities. Dated: September , 2013 u J; fie -etc -4-- Joyce l 'air Barbara linich EXHIBIT "A" 7Y1•nT ..-Wornatir tu..l, sh.A E..m. AsI .1 l0e1. m.o. tee& 11, rr I.U. Inc., {idioms, Pa MADE THE .2 7 Ty day of September In the year of our lord one thousand nine hundred seventy-two • BETWEEN LAURAN 0. CHARLES and VELMA M. CHARLES, his wife and WILLIAM F. MARKLEY, JR. and CINDA MARKLEY, his wife, all of West Pennsboro Township,. Cumberland County, Pennsylvaniagranior s, parties of.the first part, and FRANK E. MACKEY and MARGARET G. MACKEY, his wife, both of North Middleton Township, Cumberland County, Pennsylvania, parties.of the second.part, Grantoe S, WITNESSETH, that in consideration of One Hundred and no/100 • ($100.00) Sollars, in hand poid, the receipt whereof is hereby acknowledged, the soid grantors do hereby grant•and convey to the soid.gronteeS' , ALL that certain tract of mountain land situate in Upper Frankford Township, Cumberland•County, Pennsylvania, bounded and described as follows: BEGINNING at a -stone, corner of land now or formerly of C. Throne; thence by the same, North 70 1/2 degrees East, 80.2/10 perches to stones; thence by.land's now or formerly of Samuel Diller, South 73 degrees East, 18 6/10 perches to a post; thence by same South 51 degrees East 61 perches to a•pine; thence South 29 degrees East, 21 perches to a post;' thence South 70 degrees West 78 perches to stones; thence by land now or formerly of Daniel Green, South 85 degrees west 48 perches to'stones; thence North 20 degrees West 65 5/10 perches to the place of BEGINNING. CONTAINING Fifty (50) Acres and One Hundred Nineteen (119) perches, more or less. ' BEING the same tract of land which G. Elmer Menges and Mary R. Menges, his wife , by their deed dated the 26th•o£ Dedember, 1968, and recorded in the office of. the recorder of Deeds in and for Cumberland - County in Deed Book "A", Volume 23, page'986, granted and conveyed to Lauran'0. Charles and William R. Markley two of the Grantors herein. SchootJDist. Cumb. CO., P. j_7, R.d Estate Tinder Tet `.29 2) 8Y . 5 l lt'�4c!i ij• Lc •�%Ce/ / `.mnh. Co. OW. Cal. AuL fewesNp alb 0. 1� /(4.P2s'i./ Cum Co., Pe.. • r % Reel Estat. 1 ansh, Aa poi .29-fP ^w,► C. b1,t. •C.1. Au* COMMONWEALTH Cr PENNSYLVANIA = DEPARTMENT OF RrV ,NUE t' — AND tho said granto5 hereby covenant *Magma that they and each of them will warrant generally the property hereby conveYed. roOIS N 33 PACE 77J. EXHIBI "A r IN WITNESS WHEREOF, sold grantors ho ve hereunto set their hand a 'and seal s the day and year Mit above .written. Mend, *Web eaD Patna naer.V 1a 4= T—' In the "mem et �auran 0. Charles State of Pestnsylvania • County of Cumberland . On this, the ' 7 k�/ day of September , 1972 , before me, • the undersignedofficer,personally appeared Lauran 0. Charles and Velma M. Charles, his wife, and William P. Markley, Jr. and Cinda Markley,. his wife known to me for satisfactorily proven) to be the personS.• whose names are subscribed to the with. .' %'inif'Itumenl, and acknowledged that theyexecuted sante for the purposes therein contained. - • 1•'YVITNES5 WHEREOF,.1 hereunto set my hand and official seal. • 1 q 2 ,,rr& 7111e of Officer. • NY CO MISSIOPI EXPIFSES DEC. 1!22 f e • i 2 do hereby certify that the precue residence and complete post office addrbss at the within.named grantee fs September' 37 19' 72 Ji < k% t, % Attorney for a+,rntRrre COMMONWEAUHH F PENNSYLVANIA County of .711 '_d=: • RECORDED on thb — I hereby.certify the precise residence :and complete poet office address of the within named Grantees' is 3780' Spring Road, Carlisle, PA 17013 (""I 4/29/88 •�i'•ar,,o• `!Y-ycc�c c z �1/y/c'tt v,eF Cd i 44 I } 'Y !— f, -7\ A. D. 192_, In the Recorder's office of the said County, In • Deed Nook 11% Vol. 7% day of Given under. my it j4 seal of the'!t ts..At� ?Pr "A" drr�ate above written. tea" , , Recorder, ! vi A i' L. e t_ tt At t ABSTRACT' OF CHAIN OF TITLE OF LANDS NOW OF THE FRANK MACKEY ESTATE Pennsylvania State Archives Records Survey Book D-25, Page 138 Survey of Warrant granted to Samuel Reaugh July 15, 1796 423 Acres, 61 Perches west of lands of Thomas Damey Cumberland County Recorder of Deeds 1 -M -7o2 Deed from Charles Eddy to Matthias Hollenbach Tract named Mt. Hope contains 423 Acres, 61 Perches Perry County Deeds 2-P-403 Deed from Charles Wells and Ellen I. Wells' to William T. Kennedy May 15, 1852 Samuel Reaugh Warrant 400 acres along Lands of Thos. D (see copy) 2-P-408 Deed from William T. Kennedy to Samuel Diller April 18, 18642 Acreage is indeterminable because Portions of description were illegible3 Cumberland County Assessment Record 1847-1849 & prior records Matthias Hollenbach (Sarnueil Reaugh Warrant) — 400 acres 1853 — 1855 records William T. Kennedy, two 400 acre tracts 1856 — 1864 — No records ???? 1865- 1876 records Samuel Diller 200 acres unimproved mountain land 1 My research indicates that Eleanor Jones Hollenback was a daughter of Matthias H. Hollenback and married Charles Welles. While the spellings vary, it is reasonable to assume that the Grantors, Charles Wells and Ellen I. Wells are one and the same as Eleanor Joes Hollenback Welles and Charles Welles. 2 This date matches exactly the date recited in the oldest deed of record in the chain of title before the break in the chain. Therefore, there is a high probability that the chain in Perry County is a portion of the missing chain in Cumberland County. 3 From what I was able to plot the description appears to be for the southern portion of the Samuel Reaugh warrant. Again this is consistent with this being a deed in the chain of title. EXHIBIT "A" Unrecorded Deeds Deed not recorded Samuel Diller, Sr. and Cathrine Diller to John S. Yarlett and Israel Nickey 3/10/1877 (conveyance as recited in 8-M-468) 1877 —1879 Samuel Diller 5o acre unimproved mountain land Cumberland County Assessment Record 1880 -1885 Nickey and Yarletts 5o acre unimproved mountain land 1886 —1888 No record Cumberland County Recorder of Deeds Cumberland County Assessment Record Orphans Ct. Docket 24, Page 325 Award of Purpart No. 3 In the Estate of John S. Yarlett To Israel Nickey For Description of Purpart No. 3, see survey at Orphans Ct. Docket 24, Page 2614 1889-1891 Israel Nickey 5o acre unimproved mountain land 23-A-982 Israel Nickey to Henry Raudabaugh D: 12/21/1896 R: 12/26/1968 50 Acres 119 Perches 8-M-468 Henry Raudabaugh to Curtis Raudabaugh 9/2/1916 50 Acres, 119 Perches 9-F-279 Curtis Raudabaugh & Lillie M. Raudabaugh to Clarence Bricker D: 8/1/1918 R 5/3/1920 Tract 2: 50 Acres, 119 Perches 4 Note that the attorney for the Estate of John Yarlett in these proceedings was Christian Humrich who was the purchaser for unpaid taxes of the land in Mentzer's chain of title. EXHIBIT "A" 9-U-148 Clarence Bricker to Sarah L. Menges D: 11/26/1923 R: 4/10/1924 50 Acres, 119 Perches 12-Q-353 Sarah L. Menges to C. Elmer Menges and Mary R. Menges 6/5/1943 50 Acres, 119 Perches 23-A-986 C. Elmer Menges Mary R. Menges 12/26/1968 50 Acres, 119 Perches 33-H-771 Lauren 0. Charles, et al. to Frank E. Mackey and Margaret G. Mackey D: 9/27/19'72 R: 4/29/1988 50 Acres, 119 Perches EXHIBIT "A" ABSTRACT OF CHAIN OF TITLE OF LANDS NOW OF MENTZER AND HARNSBERGER Pennsylvania State Archives Records Survey Book D-25, Page 138 Survey of Warrant granted to Thomas Damey March 10,1794 386 Acres, 42 Perches east of lands of Samuel Raughl Cumberland County Recorder of Deeds Sheriffs Docket No. 526 H. L. Ritter, Treasurer of Cumberland County to C. P. Humrich D: 6/13/1864 R: 8/24/1864 Unseated land in Frankford Township, containing 1,000 Acres, assessed and taxed in the name of Hollenbach's heirs. Unrecorded Deed C. P. Humrich a/k/a Christian P. Humrich to William H. Riggleman and William H. Thumma 1/1/1887 (As recited in 13-R-64) Unrecorded Deed William H. Thumma et ux. to William H. Riggleman 2/3/1888 (As recited in 13-R-64) 13-A-276 William H. Riggleman and Anna E. Riggleman to Samuel A. Shambaugh D: 4/6/1896 R: 9/15/1945 1 Attached is a copy of the survey of patent for Thomas Damey. 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J'/u.,““dt a.La1,44e. 444;oe 444a erl a4/ a4.dt�o.. ,{u...r.-4/...a.., . r�.r.m........�, 4 .r 4e"-2' 4:.'., o....... e.n..... 1e.r4e..t./w.le .4,4•.1 u d-[ . _' 4...4. 4v4L7e 4«t ....- 0 du.. stele Y en.L 74s..-4 ,.;,2,-.,./...p.." a44, - o ii-,;„- t 1 a e y� 74.4. i..d.�j. �rnt..e{Z ,J4 f EXHIBIT "B" Robert G. Frey, Esquire Attorney for Plaintiffs Frey and Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 46397 Tel: 717-243-5838 Fax: 717-243-6441 JOYCE HAIR and BARBARA MINICH, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs v. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • : CIVIL ACTION - LAW : No. 13-5388 CIVIL TERM : ACTION TO QUIET TITLE AFFIDAVIT I, Robert G. Frey, do hereby certify that I have attempted to determine the names and addresses of the heirs of Samuel Diller and, from research performed, I believe the following to be true and correct. 1. The tract of land that is the subject matter of the above -captioned action was conveyed to Samuel Diller by deed of William T. Kennedy dated April , 1864 and recorded in Perry County Record Book , Page . 2. Deeds recorded in Cumberland County Deed Book "I", Volume 9, Page 459 (dated September 5,1877) and in Deed Book "W", Volume 4, Page 18 (dated December 15, 1879) convey portions of the lands conveyed to Samuel Diller by William T. Kennedy. EXHIBIT "C" 3. Based on this information, it is believed that the Samuel Diller in the Deeds referenced in paragraph 2 is one and the same person as the Samuel Diller in the chain of title for the subject tract. 4. • The deeds recited in Paragraph 2 above were executed by the attorneys -in - fact of Samuel Diller, Sr. and Catharine Diller, his wife, of Jefferson County, Nebraska, pursuant to power of attorney recorded in Cumberland County Miscellaneous Record Book 5, Page 43. 5. The power of attorney recorded in Cumberland County Miscellaneous Record Book 5, Page 43 is dated July 9,1877 by Samuel Diller, Sr. and Catharine Diller, his wife, of West Pennsboro Township, Cumberland County, Pennsylvania and was given to William H. Diller and John S. Davidson. 6. Based on the foregoing documents recorded of record in the Cumberland County and Perry County Recorders of Deeds offices, I believe that Samuel Diller, owner of the subject tract, was also known as Samuel Diller, Sr., was living in West Pennsboro Township, Cumberland County, Pennsylvania on July 9, 1877 and moved to Jefferson County, Nebraska after that date and before September 5, 1877, when the earliest deed was executed by his attorneys -in -fact. 7. According to the Jefferson County, Nebraska Visitor's Committee (www.visitoregantrail.org/diller-nebraska/), the town of Diller, Nebraska in Jefferson County was named for Samuel Diller, and was platted on October 1, 1880. According to their historical records, "[Samuel] Diller encouraged many of his friends from Cumberland County, Pennylvania to come to Nebraska...." EXHIBIT "C" 8. Based on the historical information, it is believed that Samuel Diller moved from Cumberland County, Pennsylvania to the town of Diller in Jefferson County, Nebraska. 9. According to A Biographical and Genealogical History of Southeastern Nebraska, Vol. 11, Samuel Diller, who was married to Catherine Bear, had four children, Rebecca Longnecker who died in Pennsylvania in 1861, John B. Diller, who died in 1902, William H. Diller and Joseph S. Diller. The said Samuel Diller died, no date given, and his wife subsequently died in 1892. 10. Based on the foregoing information, I have prepared a family tree of the heirs of Samuel Diller, attached hereto as Exhibit 1. The similarity between the information contained in the recorded documents in Cumberland and Perry Counties and the information concerning Samuel Diller in Jefferson County, Nebraska, leads me to conclude that there is a very strong likelihood that the genealogical information for the Samuel Diller of Jefferson County, Nebraska provides the names of the heirs having an interest in the subject real estate. 11. Of the children of Samuel Diller, the following are believed to have died: a.According to Biographical and Genealogical History of Southeastern Nebraska, Vol. 11, Rebecca Longnecker died in Pennsylvania in 1861, survived by her husband, Benjamin F. Longnecker. There is record in the Cumberland County Register of Wills Office of the death of Benjamin Longnecker on March 13, 1869. According to his will registered in Will Book 0, Page 252, Benjamin Longnecker was survived by his wife, Mary, and three children, John, Mary and Nancy. There is insufficient similarity in data to conclude whether or not these individuals would EXHIBIT "C" have been heirs having an interest in the subject real estate. Given the length of time, it is presumed that Benjamin F. Longnecker is deceased and his heirs are unknown. b. According to A Biographical and Genealogical History of Southeastern Nebraska, Vol. II Joseph Silas Diller was a famous geologist,. A short biography of him published by the Crater Lake Institute states that he was born in 1850 and died in 1928 in Bloomington, Indiana. It does not mention a wife or any children. It is, therefore, unknown who might constitute his heirs. 12. Of the other children of Samuel Diller, the following potential heirs are believed to have survived Samuel Diller: a. Samuel Diller's son, John B. Diller, died in 1902, survived by two sons, J. Smith Diller and Samuel H. Diller. Both are listed in Who's Who in Nebraska, published in 1940, and both were living at the time of publication. Numerous children of these men are listed, some of whom may still be living today. After search of public records, telephone directories and internet ancestry records, I have been unable to locate addresses or telephone numbers for any of the named descendants. b. William Henry Diller and his wife, Anna C. (Hacks or Heikes) Diller had eight children according to A Biographical and Genealogical History of Southeastern Nebraska, Vol. II. After search of public records, telephone directories and internet ancestry records, I have been unable to locate addresses or telephone numbers for any of the named descendants. EXHIBIT "C" 13. After considerable research, with the exception of the children of J. Smith and Nellie Madden Diller and the children of Samuel H. Diller, I have been unable to determine even likely heirs beyond the grandchildren of Samuel Diller, all of whom are most likely deceased. 14. After considerable research I have been unable to locate names or addresses of any living heirs of Samuel Diller. 15. Telephone directory records disclose fourteen individuals living in eight distinct households in Diller and nearby communities. Given the gap in time between historical records and the present, it is impossible to determine whether any of these individuals are heirs of Samuel Diller and, if so, what their percentage interest might be. However, given the strong historical connection between the town of Diller and Samuel Diller, it is reasonable to assume that some of these individuals may be heirs of Samuel Diller and notification to them may aid in actual service on the heirs. I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: August 26, 2014 Robert G. Frey Attorney for Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 EXHIBIT "C" June E. Diller Donavin D. Diller Julie A. Diller 2101 Arbor Street, Apt 115 Betrice, NE 68310 James H. Diller Mike J. Diller Judy M. Diller 70950 Farmstead Ave Fairbury, NE 68352 Alysia Diller 56290 714th Road Fairbury, NE 68352 Mindy L. Diller Derek Diller 10859 W. Hoyt Road Betrice, NE 68310 Scott T. Diller Tim S. Diller 828 E Street, Apt. 205 Fairbury, NE 68352 Kelly Diller 1718 Jackson Street Beatrice, NE 68310 James H. Diller 218 G Street Fairbury, NE 68352 Randy W. Diller 1400 Lincoln Street Beatrice, NE 68310 EXHIBIT "D" Robert G. Frey, Esquire Attorney for Plaintiffs Frey and Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 46397 Tel: 717-243-5838 Fax: 717-243-6441 JOYCE HAIR and BARBARA : IN THE COURT OF COMMON PLEAS OF MINICH, EXECUTRICES OF THE : CUMBERLAND COUNTY, PENNSYLVANIA LAST WILL AND TESTAMENT OF : FRANK MACKEY, DECEASED Plaintiffs v. : CIVIL ACTION - LAW GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER : No. 13-5388 CIVIL TERM : ACTION TO QUIET TITLE 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 EXHIBIT "E" JOYCE HAIR and BARBARA MINICH, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs v. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER, DONALD C. HARNSBERGER, and SAMUEL DILLER and the unkown heirs of SAMUEL DILLER Defendants F LF[3-Oi F itY �= THE PRQTHONOTAk. 2014 NOV -3 PM 1: 27 CUMBERLAND COUNTY PENNSYLVANIA Countp at Cumberlanb IN THE COURT OF COMMON PLEAS. OF THE NINTH JUDICIAL DISTRICT 2013-5388 CIVIL TERM IN RE: ORDER FOR SERVICE BY PUBLICATION ORDER OF COURT AND NOW, this 3rd day of November 2014, upon consideration of the Motion for Service by Publication, it is hereby ORDERED that Samuel Diller and the Unknown Heirs of Samuel Diller shall be served by publication of the Notice attached to the Motion as Exhibit "E" one time each in the following locations: 1. The Cumberland Law Journal, 2. The Carlisle Sentinel, 3. A local newspaper published for Fairbury, Nebraska, 4. A local newspaper published for Beatrice, Nebraska, and; 5. By first class regular mail to the persons and addresses listed on the Motion's Exhibit "D". BY T F COI D' tribution: bert G. Frey, Esq. ./Dean E. Reynosa, Esq. Thomas . Placey C.P.J. Robert G. Frey, Esquire Attorney for Plaintiffs Frey and Tiley 5 South Hanover Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 46397 Tel: 717-243-5838 Fax: 717-243-6/111 JOYCE HAIR and BARBARA MINICH,, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs v. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 13-5388 CIVIL TERM : ACTION TO QUIET TITLE CERTIFICATE OF SERVICE L:3 -13 L:7 eh- -17.7- '7:. c_ I, Robert G. Frey, Esquire, Attorney for Plaintiffs, certify that I have served a true and correct copy of the Notice to Defend by Publication pursuant to Order of Court dated November 3, 2014, as follows: The Cumberland Law Journal on November 14, 2014 The Sentinel on November 20, 2014 The Beatrice Daily Sun on November 14, 2014 The Fairbury Journal -News on November 12, 2014 Proofs of Publication as stated above are attached hereto Dated: December 29, 2014 Respectfully submitted, Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D. No.: 46397 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • ss. 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 November 14, 2014 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, ditor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 PROOF OF PUBLICATION County of Cumber - ct cn N tom-, • te0) 'b VI o a) 0 a) a) czi 0) CA v 40 -0 .4 >, as 0 m v (n ''a) •ci f , - 0) a s 0D.; "'}, O TD O v .Q 4 U as 0 in ': d ,] cd• cn a) o H ,z 0 W H o G In z 1i 0 E-, 0 W ,s� 0) a) � 0 Z 0 .- O -4-' v 2 O � 03 :• 'J L) OI v) .0 a) rci0 0.,rte-, rr J a) — • 0 • ,w =4 '•� 'L Q r-4 4 0 rz Ra o0 + 0, 1--, ri O N� .-0 cV N >, - .0) cd 71t.a - - 0) 0 rn > v..�t U3Z CE OF I'UBLICAT 0 zz JOYCE HAIR and BARBARA' �MINICH, EXECUTRICES OF THE LASTWILLIANGTESTAMENTOF ••` FRANK MACKEY;-DECEASED, •• ;.. Plaintiffs v. My commission expires: iN THE COURTOF•COMMON PLI_A,S QF • CUMBERLAND COUNTY, PENNSYLVANIA' • GEORGE K;•MENTZER, JR„, HARNSBERGER, ' >' ',•DONALD C, HARNSBERGER, and SAMUEL DILLER„ and the unknown heirs of '. SAMUEL. DILLER i No. 13=5366. CIVIL TERM ACTION TO QUIET TITLE, NOTICE•_ You have been sued In Fourt. if you wish to defend against the Claims set forih'In the foliowingpages, you Must take action within twenty (20) days'after thio comptalnt and notice are served, by entering a written appearance personally or by attorney filing in writing with the court your'defense¢ brobjections to ,the claims. set forth againetyou.:,Youare .warned Ilial if you fail to do so the case may proceed without you and a judgement rriey be entered against youby the courtwithout 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 pro•perty or other rights,lmportantto:you. , YOU:SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU•DO NOT HAVE A LAWYER' GO • iTO OR TELEPHOTlETHE OFFICE SET FORTH BELOW,: THIS OFFICE CAN PROVIDE YQU-WITH INFORMATION. ABOUT HIRING'A LAWYER. `IF YOU CANNOT AFFORD TO HIRE;A LAWYER,.THIS OFFICE MAY BE ABLE TO•PROVWIDE YOU T„ INFORMATION ABOUT AGENCIES THAT MAY•OFFER LEGAL SERVICES TO ELIGIBLE PERSONS -ATA. ItREDUCEG FEE'OR NO FEE .. . • >„ CUMBERLAND COUNTY EAR ASSOCIATION 92 SOUTH BEDFORD, STREET . CARLISLE, PENNSYLVANIA 1701.3 TELEPHONE: 717-240-3166,_ PROOF OF PUBLICATION The Fairbury Journal -News STATE OF NEBRASKA, Jefferson County, ss. Fred Arnold being first duly sworn on oath deposes And says that he is the Publisher of The FAIRBURY JOURNAL -NEWS that he has actual knowledge of the facts hereinafter setforth; that the printed notice hereto attached was published in The Fairbury Journal -News once each week, 1 successive Weeks on the same day of each week; that the first Publication was on /13,t I2 ,2014; and The last publish was on 02 v 2014; that said The Fairbury Journal —News is printed and published and has a general circulation in Jefferson County, Nebraska; that has a bona fide Circulation in excess of 300 copies weekly and has Been published within said county for 52 successive Weeks prior to the publication of this notice; and that it Is a legal newspaper under the statutes of the State of Nebraska. Stibcribe4 iand am to before me this day of WV VA!) ,2W4. Publication fee times qS lines of 8 point type GENERAL NOTARY - State of Nebraska CAROLE SPRUNK My Comm. Exp. May 4,2016 IN THE COURT tOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW ' No. 13-5388 CIVIL TERM ACTION TO QUIET TITLE JOYCE HAIR and BARBARA MINICH, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs V. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER, DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER NOTICE You have been sued in court. If you wish to defend against the claims set forth in the follow- ing 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 fil- ing 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 with- out 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 impor- tant to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAW- YER. IF YOU CANNOT AFFORD TO, HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SER- VICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 33-35b ZNEZ JOYCE HAIR and BARBARA MINICH, EXECUTRICES OF THE LAST WILL AND TESTA- MENT OF FRANK *MACKEY, DECEASED Plaintiffs v. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL - DILLER IN THE COURT OF COMMON PLEAS OF CUM- BERLAND COUNTY, PENN- SYLVANIA CIVIL ACTION JJ LAW No. 13-5388 CIVIL TERM ACTION TO QUIET TITLE NO- TICE 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 writ- ing with the court your defenses I or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be en- tered 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 PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELE- ' PHONE THE OFFICE SET ., FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH IN- FORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH IN- FORMATION ABOUT AGEN- CIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBER- LAND COUNTY BAR ASSOCI- ATION 32 SOUTH BEDFORD STREET CARLISLE, PENN- ' SYLVANIA 17013 TELE- PHONE: 717-249-3166 November 14, 2014#7794065 SDI C.l�.bi. I .7J D d 11 that AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA } SS. GAGE COUNTY Becky Reedy being first duly sworn on oath, says she Chief Clerk he/she is the of the Beatrice Daily Sun, a legal daily newspaper printed & published in Gage County, Nebraska, and having a bonafide circulation of more than 300 copies of each issue; that the notice, a true copy of which is hereto attached was published on Friday the 14th day of November 2014 of said newspaper had been published in whole or part in the office of said county from which distribution took place, for more than 52 consecutive weeks prior to the publication of said notice. Subscribed in my presence and sworn to before me this 14th day of November, 2014. Notary Public 'My commission expires 7 `% -4 r 1st week ... $27.45 Balance Due $27.45 11 General Notary - State of Nebraska CAROL L. BRADLEY ' � My Comm. Exp. Jan. 29, 2018. JOYCE HAIR and BARBARA MINICH, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF FRANK MACKEY, DECEASED Plaintiffs v. GEORGE K. MENTZER, JR., KIM J. HARNSBERGER. DONALD C. HARNSBERGER, and SAMUEL DILLER and the unknown heirs of SAMUEL DILLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 13-5388 CIVIL TERM : ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, Robert G. Frey, Esquire, Attorney for Plaintiffs, certify that I have served a true and correct copy of the Complaint with Notice to Defend by first class mail, postage prepaid, on November 11, 2014, pursuant to Order of Court dated November 3, 2014, as follows: June E. Diller, Donavin D. Diller And Julie A. Diller 2101 Arbor Street, Apt 115 Betrice, NE 68310 James H. Diller Mike J. Diller Judy M. Diller 70950 Farmstead Ave Fairbury, NE 68352 Alysia Diller 56290 714th Road Fairbury, NE 68352 Mindy L. Diller Derek Diller 10859 W. Hoyt Road Betrice, NE 68310 Dated: December 29, 2014 Scott T. Diller Tim S. Diller 828 E Street, Apt: 205 Fairbury, NE 68352 Kelly Diller 1718 Jackson Street Beatrice, NE 68310 James H. Diller 218 G Street Fairbury, NE 68352 Randy W. Diller 1400 Lincoln Street Beatrice, NE 68310 Respectfully submitted, Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D. No.: 46397