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14-1873
Supreme Cap` r ' ; n nsylvania Con ff off► leas For Prothonotary Use Only: Docket No: Cu ra j County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other pap ers as required by law or rules of court. Commencement of Action: 0 Complaint ® Writ of Summons ® Petition S 13 Transfer from Another Jurisdiction ® Declaration of Taking I . , Lead Plaintiff s Name: Lead Defendant's Name: Dianne E. Hayes The Heirs of Garrett L. Heishman, et al. f T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? ® Yes 0 No (check one) 13outside arbitration limits 'O k 'N Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? ® Yes 0 No A Name of Plaintiff /Appellant's Attorney: Douglas G. Miller, Esquire ® Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) ! Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution [3 Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other E3 Board of Elections ® Nuisance ® Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S ® Product Liability (does not include mass tort) [3 Employment Dispute: E ® Slander/Libel/ Defamation Discrimination 4 C ® Other: ® Employment Dispute: Other ® Zoning Board , ® Other: �I � E3 Other: O MASS TORT i 0 Asbestos N ® Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ® Ejectment ® Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation [3 Declaratory Judgment ® Ground Rent Mandamus 13 Landlord /Tenant Dispute Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition 13 Replevin ® Legal ®x Quiet Title ® Other: ® Medical ® Other: ® Other Professional: Updated 1/1/2011 1 DIANNE E. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2014 - /W;--73 THE HEIRS OF GARRETT L. HEISHMAN, a/k/a GARRETT L. HEISHMAN, SR., Deceased, namely: ., GARRETT L. HEISHMAN, JR., c c BRUCE ALAN HEISHMAN, and JOHN LESLIE. HEISHMAN, ACTION TO QUIET TITLI ,,,, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Pennsylvania > ? Defendants. NOTICE TO DEFEND 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 4- id 3 , 73'"Pa(��'t 32 South Bedford Street Carlisle, Pennsylvania 17013 � /a6 i (717) 249 -3166 1- 800 - 990 -9108 4- p 3� 3 7 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 accommodations 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. DIANNE E. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2014 - ( K 73 THE HEIRS OF GARRETT L. . HEISHMAN, a/k/a GARRETT L. HEISHMAN, SR., Deceased, namely: GARRETT L. HEISHMAN, JR., BRUCE ALAN HEISHMAN, and JOHN LESLIE. HEISHMAN, ACTION TO QUIET TITLE and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Pennsylvania Defendants. COMPLAINT TO QUIET TITLE AND NOW, this 28 day of March, 2014, comes the Plaintiff, DIANNE E. HAYES, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the Defendants named herein and all persons unknown claiming any right, title, estate, lien or interest in the real property described herein, adverse to Plaintiff's title, and for a cause of action alleges as follows: 1. Plaintiff is Dianne E. Hayes, an adult individual residing at 1810 Heishman Garden Drive, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, 17013. 2. Defendants Garrett L. Heishman, Jr., Bruce Alan Heishman, and John Leslie Heishman, are the surviving sons of Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., a deceased individual who passed away on or about April 18, 2000, in Gainesville, Florida. 3. Upon :information and belief, Defendant Garrett L. Heishman, Jr., also known as Gary J. Heishman, is an adult individual currently residing at 17050 NE 41 Street, Williston, Florida, 32696. 4. Upon information and belief, Defendant Bruce Alan Heishman is an adult individual currently residing at 115 Dodge Street Palatka, Florida, 32177. 5. Upon information and belief, Defendant John Leslie Heishman is an adult individual currently residing at 5612 NE 27 Avenue, #136, Gainesville, Florida, 32609. 6. The land which is the subject of this quiet title action is Lot No. 6 on a Plan of Heishman Gardens as recorded in Cumberland County Plan Book 35, Page 70, and is known and numbered as 1812 Heishman Garden Drive, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, having a Parcel No. of 29- 17- 1585 -206D (hereinafter the "Property "). 7. On or about September 22, 2011, Plaintiff purchased at upset tax sale the subject Property known and numbered as 1812 Heishman Garden Drive, Carlisle. A true and correct Tax Claim Bureau Deed dated November 15, 2011, and recorded on November 21, 2011, at Instrument No. 201132308 is attached hereto and incorporated herein as Exhibit "A." 8. The Cumberland County Tax Claim Bureau held the upset tax sale on September 22, 2011, identifying the Property as having delinquent taxes and intending to sell the Property for purpose of collecting the outstanding real estate taxes. 9. The last prior Deeds of record for the Property are dated June 7, 1955, recorded in Cumberland County Deed Book "M," Volume 16, Page 165, conveying the Property from George E. Henry and Firn V. Henry to Garrett L. Heishman, Sr. and Geraldine C. Heishman, his wife, and dated July 24, 1957, recorded in Deed Book "Y," Volume 17, Page 552, conveying a portion of Tract No. 1 from Robert M. Frey to the same Garrett L. Heishman and Geraldine C. Heishman, his wife. 10. The legal description of the subject Property consists of both prior Deeds referenced above. 11. Upon information and belief, the said Geralidine C. Heishman identified in the prior Deeds, died on July 7, 1999, thereby vesting ownership of the subject Property in her husband, Garrett L. Heishman, Sr. 12. Upon information and belief, Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., subsequently died on April 18, 2000, as set forth in a locally published obituary notice. A true and correct copy of an obituary notice published locally for Garrett L. "Gary" Heishman, Sr. is attached hereto and incorporated herein as Exhibit `B." 13. Upon information and belief and in accordance with the information set forth in the obituary notice attached hereto as Exhibit `B," Garrett L. Heishman a/k/a Garrett L. Heishman, Sr. was survived by three children: "Gary J." also known as Garrett L. Heishman, Jr.; "Bruce" also known as Bruce Alan Heishman; and "John" also known as John. Leslie Heishman, all of whom are named as parties to this action. 14. Upon information and belief, therefore, the three (3) named Defendants are the only surviving children and sole heirs of the said Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., the prior record owner of the Property. 15. The Notice of Sale prepared by the Cumberland County Tax Claim Bureau listed the reputed owner as Garrett L. Heishman, and the required notice of sale was also posted on the Property. 16. Plaintiff purchased the subject Property at the duly scheduled and advertised upset tax sale held on September 22, 2011, for the upset price. 17. The Plaintiff is the current record owner of the Property by virtue of the recorded Tax Claim Bureau Deed attached hereto as Exhibit "A," and has been and continues to be in actual, continuous, exclusive, and uninterrupted possession of the Property since at least September 22, 2011. 18. Plaintiff, by and through her legal counsel, previously attempted to contact the Defendants by sending correspondence to their last known addresses in Florida. 19. Said correspondence was not returned to Plaintiff or her legal counsel, but no response was ever received from any of the named Defendants. 20. Plaintiff believes and therefore avers that to her knowledge no other individuals claim ownership of the subject Property. 21. The Plaintiff desires and needs to have her ownership of the Property confirmed and her title to the same quited in order to obtain good and marketable fee simple ownership to the same. WHEREFORE, Plaintiff respectfully requests that a decree be entered forever barring the Defendants and their heirs, personal representatives, and assigns, as well as any and all other persons claiming to have an interest in the Property known and numbered as 1812 Heishman Garden Drive, Carlisle, Cumberland County, Pennsylvania from asserting any right, title, claim, or interest in the real property, and further declaring that Plaintiff is the owner in fee simple of the Property herein described, fee and clear of any and all right, title, interest, claim or demand of the Defendants, and their heirs and assigns, and further barring them from denying, impeaching, or in any way attacking the Plaintiff's title in and to the said Property. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: Douglas . Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249 -2353 Dated: March 28, 2014 Attorney for Plaintiff { VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: IANNE E. HAYES Date: a a �1 o l X EXHIBIT "A" yJ U ' PS " ET PRICE SALE IIIIIIIIIIIII Ililllllll I III 002GZA &� Lax Ttatm Vurrau Brrh Zhi & Made this ............ :............... day of November 20 11 between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee, GRANTOR and ....... Dianne ...... ........ ............................................................. ............................... ............................................... .............................:. Grantee ............ ............................... ' WIt11P8°aeth" that in consideration of $ $4,954.85 in hand paid, receipt whereof is hereby acknowledged, the said Grantor does, hereby grant and convey unto the said Grantee, .....his heirs and assigns, the certain premises situate in ' North . Middleton . . . Towns.hip. ................ . ............................ ............. Cumberland County, Pennsylvania, as follows: 1812 Heishman Garden Drive tax parcel # 29- 17- 1585 -206D see Appendix A for Legal Description Garrett Heishman Owner or reputed owner as returned to said Bureau P O Box 925 Carlisle, PA 17013 the sauce having been sold by the Tax Claim Bureau to the said grantee, on the ............ ............... day September .. Anno Domini two thousand and ........... 2011 of ... ............................... ................ after due advertisement according to law, the period of redemption for the payment of tax claims having expired without the.property having. been redeemed, or any tax judgements heretofore having been entered against the described property Having not been satisfied, or no agreement to stay the sale of the within described property having been entered into, or the within described real estate no longer remaining in possession of a sequestrator, by Price Sale. under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law), eun Atne88 AerPDf said Grantor has hereunto caused this Deed to be executed by its Director the day and year first above written. TAX CLAIM BU AU OF Signed, Sealed and Delivered CUMBER AND COUNT , P NNSYLVANIA, in the presence of: TRUS EE .: ...........::.................................................... .........................:..... By ......... .......... (SEAL) ..... ... .... .... c r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU1v1BERLAND / On this, the ................... f �.' . day of ....................... D Z I ..........................., 20... before me, the Prothonotary of the County of Cumberland, the undersigned officer, personally appeared , �e{ina -F. Mizell .. , a .... Y • , ........ � . Director of the Tax Claim Bureau of the County of erind, Coy a lth of Pennsylvania, known tome to be the person described in the foregoing std t edd that he executed the same in the capacity therein stated and for the pur- F d y \ af+ i +• "� 1. ttPDf, 1 have hereunto set d and of my nfi "al e s I. ... ...... .....�. ... (gertifirate of Reeibenre �(iv that the precise residence of the grantee herein is as follows: ................................ ................. , E Hayes, 1810 �ieishl<!!eL!.rrS!! dg!tSa Gsxllsle,.l'A .1.7. 013......................................... ............................... r 7� l. .. ..... . .. . ..................... .. �.l lz ....................... Stephen D. Tiley Cumberland County, Assistant Solicitor 4 � � Q F Z t3 a1-j 9 0 cv . A x 0 M O a U COMMONWEALTH OF PENNSYLVANIA l l ss: COUNTY OF CUMBERLAND 1 RECORDEDon this ................. ............................... day.of ....................... ............................... A.D. 20......, in the Recorder's Office of said County, in Deed Book ................. Vol................., Page ................ . Given under my hand and seal of the said office, the date above written. ............................................ ............................... Recorder. Appendix "A" Tax Parcel No. 29 -17- 1585 -206D Legal Description ALL THAT CERTAIN that certain lot of ground situated in North Middleton Township, County of Cumberland and State of Pennsylvania, bounded and described as follows; BEGINNING at a point on Heishman Gardens Drive and the southernmost point of property now or formerly of Catherine C. Burke and Dianne E. Hays; thence by said Heishman Gardens Drive, South 50 degrees 25 minutes 58 seconds East a distance of 56.60 feet to a point of property now or formerly of Arthur L. Rhoads III and Mary M. Rhoads; thence by said Rhoads property South 39 degrees 34 minutes .02 seconds West a distance of 66.96 feet to a point of property now or formerly of Karen M. Maloy; thence by said Maloy property North 58 degrees 30 minutes .05 seconds West a distance of 56.12 feet to a point of property now or formerly of the said Catherine C. Burke and Diane E. Hays; thence along same North 31 degrees 29 minutes 55 seconds East a distance of 24.01 feet to a point; thence along same 42 degrees 10 minutes 46 seconds East a distance of 51.11 feet to a point, the place of BEGINNING. BEING lot 6. of Plan Book 35, Page 70, containing .07 acres and structure known ag 1812 Heishman Garden Drive. ALSO BEING part of the same property which George E. Henry and Firn V. Henry by deed dated June 7, 1955 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania in Book 16M, Page 165, granted and conveyed to Garrett L. Heishman, Sr. and Geraldine C. Heishman. i ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE- - CARLISLE, PA 17013 - 3 717 - 240 -6370 - Instrument Number - 201132308 Recorded On 11/21/2011 At 10:48:58 AM * Total Pages - 5 • Instrument Type - DEED Invoice Number - 97132 User ID - SW • Grantor - HEISHMAN, GARRETT • Grantee - HAYES, DIANNE E • Customer - TAX CLAIMS BUREAU * FEES STATE TRANSFER TAX $742.00 Certification Page STATE WRIT TAX $0.50 STATE JCS /ACCESS TO $23 DO NOT.DETACH JUSTICE RECORDING FEES — $12.50 RECORDER OF DEEDS This page.,.is. now part PARCEL CERTIFICATION $10.00 Of this legal. document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $371.00 DISTRICT NORTH MIDDLETON $371.00 TOWNSHIP TOTAL PAID $1,547.00 I Certify this to be recorded in Cumberland County PA ay cV cu,�e� ,O ° RECORDER O 1750 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002GZA IIIIIIIIIIIIII (IIIIIIIIIIII �J EXHIBIT "B" '"Ju 4 U.Cll LV A u Icao �...,. •• ri:!'.�iY•N --.. ter•-- �.: ,.•- — ..... retiFed., stare manpp.f �pq the nia,.?A ; fox 2(¢ >i!3�A1.u.,, PA Dennis�andnJanet ,(Cleveng F.W. Woolworth, Co...�. in 17025. ' r� •, Meyer,: C twin gi Garrett L. "Gary" Heishman Sr. May 12. Rodger and Kathy (Barn Funeral services for Garrett L. ment. Myers, Shippensburg, boy, `:.`Gary" Heishman Sr., 79, for- Mr. Heishman is survived by 12. ,F merly of Carlisle, were held in three sons, Gary J., Bruce an(' Sondra L. Peel, Carlisle, lorida. John, all of Florida; three brotf, He died April 18, 2000 in ers, Clifford L. of Clearwater, Gainesville, Fla. Fla., Donald K. of Carlisle and He was the son of the late Roy Jack L. of Boiling Springs; five L. and Lola W. Garret Heishman sisters, Helen V. Maguire of The following marriage lic and the widower of Gerldine Duncannon, Edyth M. and Beat- es were filed recently at C Shields Heishman who died July rice L. Carpenter - Gensler of berland County Courthouse: 1999. Carlisle, Joyce V. and Darlene K. Phillip D. Bunty Jr. A veteran of the U.S. Air Stringfellow of Clearwater, Fla.; Stephanie M. Bigler, 400 bl Force, he was a businessman, and two grandchildren. of North Bedford Stre involved in insurance and real He was preceded in death by Carlisle. estate. He had started the Heish- two brothers, Gerald K. and Michael E. Myers and Apri man Gardens Housing Develop- Wayne F. Heishman. Calaman, 400 block of D Str Carlisle. Elmer "Bucky" Loy Lynn L. Harbold Jr. and Ro Elmer `Bucky" Loy, . also a talented coup J. Worley, 3500 block of Ch 1 73, of 1509 Spring ;;'F;' music personality nut Street, Camp Hill. Road, North Middle- writer and musician. Christopher S. Hizynski 'ton Township, died Mr. Loy is survived Jaime L. Bierlein, 300 bloc <F: ;„ North College Street, Carlisle Monday, May 15,:.. by his wife of 50 2000 in Hattisburg 42 years, Ruth A. Myers Daniel Fink and Catalina. :.` ,Hospital. Loy; three dau hters, Araiza, 500 block of Wayne Born Aug. 1, 1926 in Loma J. Loy of Yard- ve, Mechanicsburg. Shippensburg, he was ley, Lona K. Vovakes Jack A. Mixell and Tonya the son of the late John of Manassas, Va. and Hyser, 100 block of Virgi : 'Wilbur and Charlotte mu Sandy Loy Heller of Avenue, Carlisle. Devor Loy and resided Carlisle; five grand- most of his life in Carlisle. children; and one great - grand- s A U.S. Navy veteran of World son. War II assigned as a radio signal- Funeral services will be held These permits were issue man and flagman, he served on Thursday at 10:30 a.m. in Ewing Hampden Township in April ;Okinawa and was the holder of Brothers Funeral Home with the • Paul E. and Shirley the Pacific Theater Ribbon, the Rev. Bradley C. Knepp officiat- Thompson, 6048 Edward American Theater Ribbon and ing. Burial with military honors ve; residential additi the Victory Medal. will be in the veterans' section of $24,300. He began his career as a press- Cumberland Valley Memorial Harry B. and Joyce -man with the Hartzell Brothers Gardens in West Pennsboro Clark, 5905 Huntington C 'in Carlisle and later retired from Township. mon; residential alterati ;.the U.S. Army War College in • Friends may call Thursday at $6,600. Carlisle. He held a general class the funeral home from 9:30 to • Brentwater Homes Inc., license in ham radio and was 10:30 a.m... - Friars Court; n Hobart J. Matthews r esidential /detached, $127,5 • Pyramid Real Estate P Funeral services for Hobart J. Lutheran. Church, Hampden ners, 2250 Millennium ;Matthews, 78, of Camp Hill, 'will Township: He attended Zion business alteration, $79,000 be held Thursday at 10 a.m. - in Lutheran Church, Etters. • McNaughton Co., 505 :Musselman Funeral Home, 324 Mr. Matthews is survived by Drive; Hummel Ave., Lemoyne: three sons, Dennis E. of Carlisle; residential /detached, $164,0 He died Saturday, May 13, Jack B. of Camp Hill and Eric E. • Brentwater Homes Inc., 2000 in Holy Spirit Hospital, of Huntington Beach, Calif.; a . Friars Court; , EastPennsboroTownship. daughter, Beth Anne Miller of residential /detached, $115, Born April 30, 1922 in .Bute, NewberryTownship; four'grand- McNaughton Co., 5 Fayette County, the son of the children; and five great - grand- Huntington Commons; DIANNE E. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2014 - 1873 THE HEIRS OF GARRETT L. HEISHMAN, a/k/a GARRETT L. HEISHMAN, SR., Deceased, namely: GARRETT L. HEISHMAN, JR., BRUCE ALAN HEISHMAN, and JOHN LESLIE. HEISHMAN, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Pennsylvania Defendants. -a-, co ACTION TO QUIET TITLE cpC < CD C-) C.7.° > AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND N.) NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1 That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the defendant, John L. HeishMan, on April 4, 2014 by certified mail, return receipt requested, addressed to 5612 NE 27th Avenue, #136, Gainesville, FL 32609, with return receipt number 7012 3460 0002 1544 7877. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: April 10, 2014 IRWIN & McKNIGHT, P.C. Var By: Am/114,1i,, Douglas G. ler, Esquire Supreme Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff U.S. Postal ServiceTM :CERTIFIED MAILTM RECEIPT • (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come De -FIFA C.11 AL USE Postage Certified Fee Return Receipt Fee (endorsement Required Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To John L. Heishman treet, or PO City, Sta,1164-4 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired, • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Addressed to: John L. Heishman 5612 NE 27th Avenue #136 Gainesville, FL 32609 a a > 1,0 UNITE° r- - cr, 13 if co 0 See re•.,.. le "or Instructions COMPLETE THIS SECTION ON DELIVERY 4FAFAW.,/, e elv d by d O Agent ddresse 1,7 A e) they\ e of Delivery Is delivery address different from item 1 If YES, enter delivery address below: CI No e 3. Service Type (12 i1 Certified MaIl IJ Registered Insured Mail 4. Restricted Delivery? (Extra Fee) El Yes 2. Article.Nurnbef- 2.1 — 012 3460-0-002 1544 787'Ty • (Transfer from service labe9 PS Form 3811 February 2004 Domestic Return Receipt 1025950M+145401 DIANNE E. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2014 -1873 THE HEIRS OF GARRETT L. HEISHMAN, a/k/a,GARRETT L. HEISHMAN, SR., Deceased, namely: • GARRETT L. HEISHMAN, JR., BRUCE ALAN HEISHMAN, and JOHN LESLIE. HEISHMAN, ACTION TO QUIET TITLE c °a and any and all other persons claiming r- to have an interest in 1812 Heishman Garden Drive, Carlisle, Pennsylvania?' Defendants. _' AFFIDAVIT OF SERVICE OF COMPLAINT 3' ) ry COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the defendant, Bruce A. Heishman, on April 7, 2014 by certified mail, return receipt requested, addressed to 115 Dodge Street, Palatka, FL 32177, with return receipt number 7012 3460 0002 1544 7860. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: April 10, 2014 IRWIN & McKNIGHT, P.C. By: V_ ' ly li .1 Douglas G. iller, Esquire Supreme Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249 -2353 Attorney for Plaintiff fu O C7 -n m nJ n- U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Cater <<te Pr ntri Pd) For delivery information visit our website as com ww .0 imcor N �° e O.' Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Sent To . Bruce A. Heishman Street, Apt No.; orgonxI odge St:regt: City Stets, ZIP +4 Palatka FL 32 ? ON UN17 0 Q o) 71 a.ra TA -rt co G:17 t 1 � t 3 N) ...1 N D 2 Tii © •. y C7 0 f, 2 a SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece' or on the front if space permits. tticle Addressed to: Bruce A. Heishman 115 Dbdge Street Palatka, FL 32177 ti COMPLETE THIS SECTION ON DELIVERY 11: gnature X O Agent 0 Addressee B. Received by (Printed Name) D. Is delivery address differen If YES, enter delivery address below: ❑ No C. D t� f Delivery . i? es . -(D Registere•, ❑ Insured Mail urn Receipt for Merch ❑ C.O.D 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number . l (Transfer from service label) _ PS Form 3811, February 2004 `I? 1 3rg6 l:lCid '3,544`'7$ nestic Retum Receipt 1.02595 -02 -M -1540: DIANNE E. HAYES, ': IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2014 -1873 ,. THE HEIRS OF GARRETT L.m' C{/ HEISHMAN, a/k/a GARRETT L. =, -4 13, -)(:Zi 4 HEISHMAN, SR., Deceased, namely: .mac cn kc: GARRETT L. HEISHMAN -r > JR. > .<c� ro c,- f BRUCE ALAN HEISHMAN, and ', r_., JOHN LESLIE. HEISHMAN, ACTION TO QUIET TITLE y, CD `c, Ts and any and all other persons claiming to have an interest in 1812 Heishman . Garden Drive, Carlisle, Pennsylvania Defendants. AFFIDAVIT OF SERVICE OF COMPLAINT I, .,y a �� n , being sworn according to law, deposes and says that I am a competent adult over 18 years of age; that I served a certified copy of the Complaint upon the Defendant, Garrett L. Heishman, Jr., by personally handing him a true and correct copy thereof and informing him of its contents at yaaq uW 43'c't s4. 141.(.'34 Q•Qrn¢so lU , FL,3e6,66 on 51191 I H , 2014, at r%:tip o'clock pm. cot-knotunk-s tufremt its;ot.Q no.) Deponent further avers that at the time of such service the Defendant identified himself to deponent. Sworn to and subscribed Before me this ole`' Day of atcud, 2014 Notary ANC4ELA J. LATTA NOTARY PUBLIC C+STA i E OF FLORIDA Comm# EE220131 %I Expires 7/29/2016 a ar„, RECEIVED MAY 27 2014 IRf 1N&IfKNIGIIT LAW OFFICES DIANNE E. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA • 177: V. : NO. 2014 - 1873 c-)• c --- --t .• ..1:). _ -c- .:._ --,--, THE HEIRS OF GARRETT L. : HEISHMAN, a/k/a GARRETT L. - . HEISHMAN, SR., Deceased, namely: : ....(., --- GARRETT L. HEISHMAN, JR., : -1-‘ < -IQ CY'll C) BRUCE ALAN HEISHMAN, and : ,-. ... JOHN LESLIE HEISHMAN, : ACTION TO QUIET TITLE P. )--' --{ ----- 7"-) and any and all other persons claiming : to have an interest in 1812 Heishman : Garden Drive, Carlisle, Pennsylvania : Defendants. : MOTION FOR DEFAULT JUDGMENT AND NOW, this 21ST day of October, 2014, comes the Plaintiff, DIANNE E. HAYES, by and through her attorneys, Irwin & McKnight, P.C., and files this Motion for Default Judgment against Defendants and in support thereof avers as follows: 1. This is an action to quiet title in which Plaintiff requests that Defendants and any person claiming under Defendants be permanently enjoined and restrained from asserting any claim or interest in or to real property described in Plaintiff's Complaint and known as Lot No. 6 on a Plan of Heishman Gardens as recorded in Cumberland County Plan Book 35, Page 70, and is known and numbered as 1812 Heishman Garden Drive, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, having a Parcel No. of 29-17-1585-206D (hereinafter the "Property"). 2. On or about September 22, 2011, Plaintiff purchased at upset tax sale the subject Property known and numbered as 1812 Heishman Garden Drive, Carlisle, and a true and correct copy of the Tax Claim Bureau Deed dated November 15, 2011, and recorded on November 21, 2011, at Instrument No. 201132308 was attached and incorporated into Plaintiff's Complaint as Exhibit "A." 3. The last prior Deeds of record for the Property are dated June 7, 1955, recorded in Cumberland County Deed Book "M," Volume 16, Page 165, conveying the Property from George E. Henry and Firn V. Henry to Garrett L. Heishman, Sr. and Geraldine C. Heishman, his wife, and dated July 24, 1957, recorded in Deed Book "Y," Volume 17, Page 552, conveying a portion of Tract No. 1 from Robert M. Frey to the same Garrett L. Heishman and Geraldine C. Heishman, his wife. 4. Upon information and belief, the said Geralidine C. Heishman identified in the prior recorded Deeds, died on July 7, 1999, thereby vesting ownership of the subject Property in her husband, Garrett L. Heishman, Sr. 5. Upon information and belief, the said Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., subsequently died on April 18, 2000, as set forth in a locally published obituary notice attached and incorporated herein into as Exhibit "B. 6. Plaintiff is Dianne E. Hayes, an adult individual residing at 1810 Heishman Garden Drive, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, 17013. 7. Upon information and belief and in accordance with the information set forth in the obituary notice attached to the Complaint as Exhibit "B," Garrett L. Heishman a/kia Garrett L. Heishman, Sr. was survived by three children: "Gary J." also known as Garrett L. Heishman, Jr.; "Bruce" also known as Bruce Alan Heishman; and "John" also known as John Leslie Heishman, all of whom are named as parties to this action. 8. Therefore, upon information and belief, the three (3) named Defendants are the only surviving children and sole heirs of the said Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., the prior record owner of the Property. 9. Affidavits of Service of the Complaint upon Defendant Bruce Alan Heishman and Defendant John Leslie Heishman, by certified mail with return receipts signed by both of the Defendants living in Florida, were filed in this matter on April 11, 2014. 2 10. An Affidavit of Service of the Complaint upon Defendant Garrett L. Heishman, Jr., by personal service in Florida on May 19, 2014, was filed in this matter on May 28, 2014. 11. None of the Defendants have either filed any responsive pleading or otherwise contacted either the Plaintiff or her undersigned counsel. 12. Pa. R.Civ.P. Rule. 1066(a) allow the Court in an action to quiet title to grant appropriate relief on affidavit that a Complaint containing notice to defend has been served and defendant has not filed an answer. 13. Affidavits have previously been filed with respect to service upon all three named Defendants, and no further response has been provided and no answer or other pleading has been filed by any of the Defendants in this matter. 14. Pursuant to the filed Complaint, the Plaintiff desires and needs to have her ownership of the Property confirmed and her title to the same quieted in order to obtain good and marketable fee simple ownership to the same. 'WHEREFORE, Plaintiff respectfully requests that this Court enter an order of default judgment against the Defendants, pursuant to Pa. R.Civ.P. Rule 1066(a), as follows: 1. The attached, signed Order of Court shall be served upon Defendants Bruce Alan Heishman, John Leslie Heishman, and Garrett L. Heishman, Jr. by Plaintiff sending a copy via regular United States Mail, postage prepaid, to the addresses indicated in the respectively filed Affidavits of Service for each of the named Defendants; 2. The attached Order of Court shall be served upon any other heirs of Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., Deceased, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Cumberland County, Pennsylvania by publishing the following Notice once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County: 3 TO: The heirs of Garrett L. Fleishman a/k/a Garrett L. Heishman, Sr., Deceased, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Cumberland County, Pennsylvania You are hereby notified that an Order has been entered to No. 2014 — 1873 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, on October , 2014, directing that within thirty (30) days after this publication you shall be forever barred from asserting any right, lien, title, or interest inconsistent with the interest or claim set forth in the Plaintiff's Complaint to the land here described; and described in said Complaint, and shall have no right, title, lien or interest in or to said real property or any part thereof and are permanently enjoined from asserting any adverse claim to Plaintiff's title to said property, which property is identified as follows: ALL THAT CERTAIN lot of ground situated in North Middleton Township, Cumberland County and State of Pennsylvania, being Lot 6 of Plan Book 35, Page 70, containing .07 acres and structure known as 1812 Heishman Garden Drive, Carlisle, and also being part of the same property which George E. Henry and Firn V. Henry by deed dated June 7, 1955 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania in Book M, Volume 16, Page 165, granted and conveyed to Garrett L. Heishman, Sr. and Geraldine C. Heishman. Date: October 2,1 2014 By: 4 Respectively submitted, IRWIN & McKNIGHT, P.C. 41261 Douglas G. filler, Esquire Supreme Court I.D. No 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Date: October 21, 2014 GARRETT L. HEISHMAN, JR 4229 NW 43 STREET APT. Q134 GAINESVILLE, FL 32606 BRUCE ALAN HEISHMAN 115 DODGE STREET PALATKA, FL 32177 JOHN LESLIE HEISHMAN 5612 NE 27TH AVENUE #136 GAINESVILLE, FL 32609 IRWIN & McKNIGHT, P.C. Douglas G. iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 DIANNE E. HAYES, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA THE HEIRS OF GARRETT L. HEISHMAN, a/k/a GARRETT L. HEISHMAN, SR., Deceased, namely: • GARRETT L. HEISHMAN, JR., BRUCE ALAN HEISHMAN, and JOHN LESLIE HEISHMAN, and any and all other persons claiming • to have an interest in 1812 Heishman Garden Drive, Carlisle, Pennsylvania Defendants. NO. 2014 -1873 c7 rn xM ACTION TO QUIET TITLEr ORDER OF COURT • � cj vd AND NOW, this'93f day of October, 2014, it appearing that a Complaint, with Notice to Defend was filed herein on March 28, 2014, and the same was served upon Defendants Garrett L. Heishman, Jr., Bruce Alan Heishman, and John Leslie Heishman, the heirs of Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., by either person service or certified mail with signed return receipt, as set forth in the Affidavits of Service filed herein on April 11, 2014, and May 28, 2014, and it further appearing that no appearance has been entered nor any answer or other pleading has been filed herein on behalf of the said Defendants, or any of them within the time allotted by law for the same, and upon Motion of Douglas G. Miller, Esquire, attorney for the Plaintiff, it is hereby ORDERED AND DIRECTED that judgment by default be, and the same hereby is, entered in favor of the Plaintiff, Dianne E. Hayes, and against Defendants named herein. AND IT IS FURTHER ORDERED AND DIRECTED that Defendants Bruce Alan Heishman, John Leslie Heishman, and Garrett L. Heishman, Jr. be, and the same hereby are, forever barred from asserting any right, title, interest, and claim against the Plaintiff with respect to the lands herein described: ALL THAT CERTAIN lot of ground situated in North Middleton Township, Cumberland County and State of Pennsylvania, being Lot 6 of Plan Book 35, Page 70, containing .07 acres and structure known as 1812 Fleishman Garden Drive, Carlisle, and also being part of the same property which George E. Henry and Firn V. Henry by deed dated June 7, 1955 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania in Book M, Volume 16, Page 165, granted and conveyed to Garrett L. Heishman, Sr. and Geraldine C. Heishman. unless the said Defendants shall, within thirty (30) days after service by Plaintiff via regular United States Mail, postage prepaid, to the addresses indicated in the respectively filed Affidavits of Service for each of the named Defendants, commence an Action in Ejectment or other appropriate action to assert any claim they may have in and to the said lands against the Plaintiff herein; and upon the failure of the said Defendants, or any of them, to commence such action against the Plaintiff within thirty (30) days after such service, the Prothonotary of Cumberland County, Pennsylvania, is DIRECTED, upon praecipe of the Plaintiff to enter final judgment therein in favor of the Plaintiff and against the said Defendants pursuant to Pa. R.Civ.P. Rule 1066(b)(1), and to cause a true and attested copy of this Order and such final judgment to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, the same to be indexed in the names of the heirs of Garrett L. Heishman a/k/a Garrett L. Fleishman, Sr., Deceased, namely Garrett L. Fleishman, Jr., Bruce Alan Heishman, and John Leslie Heishman, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Pennsylvania, as Grantors, and in the name of Dianne E. Hayes as Grantee. THIS ORDER shall be served upon Defendants Garrett L. Heishman, Jr., Bruce Alan Heishman, and John Leslie Heishman by Plaintiff sending a copy via regular United States Mail, postage prepaid, to the following addresses: Garrett L. Heishman, Jr. 4229 NW 43`d Street, Apt. Q134 Gainesville, FL 32606 2 Bruce Alan Heishman 115 Dodge Street Palatka, FL 32177 John Leslie Heishman 5612 NE 27th Avenue, #136 Gainesville, FL 32609 THIS ORDER shall be served upon any other heirs of Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., Deceased, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Cumberland County, Pennsylvania by publishing the following Notice once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County pursuant to Pa. R.Civ.P. Rule 1066(b) and : TO: The heirs of Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., Deceased, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Cumberland County, Pennsylvania You are hereby notified that an Order has been entered to No. 2014 — 1873 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, on October , 2014, directing that within thirty (30) days after this publication you shall be forever barred from asserting any right, lien, title, or interest inconsistent with the interest or claim set forth in the Plaintiffs Complaint to the land here described; and described in said Complaint, and shall have no right, title, lien or interest in or to said real property or any part thereof and are permanently enjoined from asserting any adverse claim to Plaintiffs title to said property, which property is identified as follows: ALL THAT CERTAIN lot of ground situated in North Middleton Township, Cumberland County and State of Pennsylvania, being Lot 6 of Plan Book 35, Page 70, containing .07 acres and structure known as 1812 Heishman Garden Drive, Carlisle, and also being part of the same property which George E. Henry and Fim V. Henry by deed dated June 7, 1955 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania in Book M, Volume 16, Page 165, granted and conveyed to Garrett L. Heishman, Sr. and Geraldine C. Heishman. l:0 1'Qs fil-bi`rak BY JOL}4eIr ,b) G.+€ski _�Rdt�C_1 ��w►S� 3 /%(iPy J. DIANNE E. HAYES, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 - 1873 THE HEIRS OF GARRETT L. HEISHMAN, a/k/a GARRETT L. .• 1-7- , HEISHMAN, SR., Deceased, namely: .• GARRETT L. HEISHMAN, JR., : co , BRUCE ALAN HEISHMAN, and : JOHN LESLIE HEISHMAN, : ACTION TO QUIET TITLE and any and all other persons claiming : z•c:--‘ ,----, . — .. --' to have an interest in 1812 Heishman : .P• = z.- .---4 -;-%- Garden Drive, Carlisle, Pennsylvania Defendants. : PRAECIPE TO ENTER PROOF OF PUBLICATION To the Court: Please enter the attached Proof of Publication from The Sentinel to the record in the above -captioned matter. By: Date: November 18, 2014 Respectfully submitted, IRWIN & McKNIGHT, P.C. Douglas . Milier, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Petitioner PROOF OF PUBLICATION CZ Ts to CD as 4 v a) O� •4 ›, "0 Sa, X v h a. O 'O gv 03 gw h N O O (I,CY N E L V� U 4-1 z "0 . alW 0 0 H Z M a/Zv"0�~� .�asz o o W w co G 0 0,x �4li w accOx 0 . co UE -4 PLi w 0 O c, co O N C fr '� .4 `0 co i~ O �m 0 3 b • 5 CA a) 4 O .� Ti v) ci) tip U.02 O .5 m 0 cn SD• ,_ r 0,.-S rn.5�-0,0tn U,—I O N cd .4, U 5 e. V U o cn u 2 ci u 3 Z Ad COPY OF NOTICE OF PUBLICATION +J •- O V \ O 4-0 rn QJ 0_, o O s•,. � � rn ?� cu CO at a. o al v Sa. 'd co v .5 g v '6 . o w 71, � 4. 41�Q0� E 1- S DIANNE E. HAYES, Plaintiff, v. THE HEIRS OF GARRETT L. ' HEISHMAN; a/k/a GARRETT L..._._ _ HEISHMAN, SR., Deceased, namely GARRETT L. HEISHMAN, JR., BRUCE ALAN HEISHMAN, and • JOHN LESLIE HEISHMAN, and'any and all other persons claiming to'have an interest in 1812 Heishman ,Garden Drive, Carlisle, Pennsylvania Defendants • • • a J Z W a 0 L-- 3 CU Z x O • • 0 8 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2614 -1873 NOTICE ACTION TO QUIET TITLE .TO:The heirs of Garrett L. Heishman a/k/a Garrett L. Heishman, Sr., Deceased, and any and all other persons . claiming to have an Interest In 1812 Heishman Garden Drive, Carlisle, Cumberland County, Pennsylvania You are hereby notified that an Order has been entered to No 2014 • 1873 Civil Term in the Court of„Common Pleas of Curnbertand County, Pennsylvania, on October 24, 2014, directingthat within thirty (30) days after this publication you'shall be forever barred from asserting any right, lien title. or interest inconsistent with the interest or claim set .forth in the Plaintiff's Complaint to,the land here described; and described in said Complaint, andshall have no right. title lienor interest in or,to said real property or any part thereof and are permanently enjoined froh; asserting any adverse claim to Plaintiffs title to`said property, which property is identified as follows: • ALL THAT CERTAIN lot otground situated in North M1aaleion Township. Cumberland County ano State of Pennsylvania; being L'et 6 of Plan Book 35, Page 70. containing 07 acres and structure known as 1812 Heisnrnan - c .>; Gardenbnve;,Carlisle; and. also being part of the same property which George E. Heniy and rirnHenry by deea :d>ited'June 7, 1955 and recorded in the Office of the Recorder of Deeds in and tor the County of Cumberland, Pennsylvania in Book M, Volume 16, Page 165: granted and conveyed to Garrett L Heishman. Si. and Geraldine C Heishman. Douglas G Miller, Esquire- Irwin squireIrwin & Mcicnighi, P.0 Attui riey 1.0 #837/6 60 ✓Vest Ponlfiet Street Cariisle PA .17013 (717)249.2353 U o N .0 CL O N .r3cc To Z N .g•E o=Vu'S Z e0 c w E DIANNE E. HAYES, v. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA THE HEIRS OF GARRETT L. HEISHMAN, a/k/a GARRETT L. HEISHMAN, SR., Deceased, namely: GARRETT L. HEISHMAN, JR., BRUCE ALAN HEISHMAN, and JOHN LESLIE HEISHMAN, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Pennsylvania Defendants. To the Court: NO. 2014 -1873 c, ACTION TO QUIET TITLE rco- , C) c' 11; Gc,) -- • v'-1 PRAECIPE TO ENTER PROOF OF PUBLICATION Please enter the attached Proof of Publication from the Cumberland Law Journal to the record in the above -captioned matter. By: Date: November 18, 2014 Respectfully submitted, IRWIN & McKNIGHT, P.C. Dou's's E! Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Petitioner PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz November 7, 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. isa Marie Coyne,Editor SWORN TO AND SUBSCRIBED before me this 7 day of November, 2014 COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 8080., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 CUMBERLAND LAW JOURNAL ACTION TO QUIET TITLE In the Court of Common Pleas of Cumberland County, Pennsylvania NO, 2014-1873 DIANNE E. HAYES, Plaintiff v. THE HEIRS OF GARRETT L. HEISHMAN a/k/a GARRETT L. HEISHMAN, SR., Deceased, namely: GARRETT L. HEISHMAN, JR., BRUCE ALAN HEISHMAN, and JOHN LESLIE HEISHMAN, and any and all other persons claiming to have an interest in 1812 Heishman Garden Drive, Carlisle, Pennsylvania, Defendants NOTICE TO: The heirs of Garrett L. Heish- man a/k/a Garrett L. Heishman, Sr., Deceased, and any and all other persons claiming to have an interest in 1812 Heishman Gar- den Drive, Carlisle, Cumberland County, Pennsylvania You are hereby notified that an Order has been entered to No. 2014- 1873 Civil Term in the Court of Com- mon Pleas of Cumberland County, Pennsylvania, on October 24, 2014, directing that within thirty (30) days after this publication you shall be for- ever barred from asserting any right, lien, title, or interest inconsistent with the interest or claim set forth in the Plaintiff's Complaint to the land here described; and described in said Complaint, and shall have no right, title, lien or interest in or to said real property or any part thereof and arc peiruanently enjoined from asserting any adverse claim to Plaintiff's title to said property, which property is identified as follows: ALL THAT CERTAIN lot of ground situated in North Middleton Town - 4 ship, Cumberland County and State of Pennsylvania, being Lot 6 of Plan Book 35, Page 70, containing .07 acres and structure known as 181.2 Heishman Garden Drive, Carlisle, and also being part of the same prop- erty which George E. Henry and Firn V. Henry by deed dated June 7, 1955 and recorded in the Office of the Re- corder of Deeds in and for the County of Cumberland, Pennsylvania in Book M, Volume 16, Page 165, granted and conveyed to Garrett L. Heishman, Sr. and Geraldine C. Heishman. DOUGLAS G. MILLER, ESQUIRE Attorney I.D. #83776 IRWIN & McKNIGHT, P.C. 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Nov. 7