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Home My WebLink About05-3460 /I , I ROBERT W. and NANCY C. HERL T, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Os- 3'100 ~ : CIVIL ACTION - LAW : ACTION TO QUIET TITLE TCL PROPERTIES GROUP, T.D. BOLTON Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a jUdgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 /I I ROBERT W. and NANCY C. HERL T, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA r"IJ~ : NO.D5- 3<1(.,,0 ~ TCL PROPERTIES GROUP, T.D. BOLTON Defendants : CIVIL ACTION. LAW : ACTION TO QUIET TITLE COMPLAINT AND NOW, this ..:L day of ::;' (A...~/ , 2005, Robert W. and Nancy Herlt, by and through their attorney Lisa M. Greason, Esquire, files this Complaint and avers as follows: 1, The Plaintiffs are Robert W. and Nancy C. Herlt, adult individuals residing at 633 Brandy Run Road, Newville, Pennsylvania 17241, 2. The Defendant is TCl Properties Group having a last known address of P.O, Box 29035, Dallas Texas 75229. 3. The Owner and signatory of TCl Properties Group is T.D. Bolton having a last known address of P,O. Box 29035, Dallas Texas 75229. 4, The Plaintiffs are the record owners of 50 Meadowbrook Drive, Carlisle, Pennsylvania 17013 by deed dated February 25, 2002 and recorded on February 27, 2002 in Deed Book 250, Page 2650 in the Cumberland County Recorder of Deeds Office. II II 5, The Plaintiffs had entered into a Land Contract with the Defendants on January 7, 2004, for the purchase of the property at 50 Meadowbrook Road, Carlisle, Pennsylvania. (Attached as Exhibit "A"), 6, The Plaintiffs recorded the Land Contract at the Recorder of Deeds in and for Cumberland County on January 14, 2004, and the same is entered in Book 705, Page 1466 at the Recorder of Deeds of Cumberland County, 7. At no time did the Defendants perform their obligations under the Land Contract. 8, The Plaintiff believes that there is a cloud of suspicion upon the title to the said real estate described in the within complain which may hinder Plaintiffs' possession and quiet enjoyment of said real estate or delay any proposed sale of the said real estate; and the Plaintiffs, accordingly, commence this action to quiet title to remove the apparent Possible interest or title in the herein defendants, their heirs and or assigns, if any, 9. The Plaintiffs bring this action to quiet title under the ProviSions of Pa.R.C.p. 1061, et seq" and under the general powers of the court to quiet title to real estate pursuant to the provisions of the Act of Assembly so providing and the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Plaintiffs respectfully request this Honorable Court to decree: 1. That the Plaintiffs, Robert W. Herlt and Nancy C. Herlt be declared the sole legal and equitable owners in fee simple of the premises described in paragraph 4 hereof. 2. That the Defendants, their heirs and or assigns, and all other persons claiming by, through, or under the said Defendants and all other persons whatsoever, 1/ 'I be forever barred from asserting any right, title, or interest to the premises described herein inconsistent with the interest or claim of the Plaintiff set forth herein. 3. That such other and further order necessary for granting a proper relief to the Plaintiff herein be made as the case may require or as the Court may deem proper. Respectfully Submitted, GREASON LAW OFFICE 7/7/c)':) Date )/~ Lisa M. Greason, Esquire P.O. Box 385 Carlisle, PA 17013 (717) 241-3030 10 #78269 1/ 'I VERIFICATION Robert W. Herlt states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C,SA 9 4904 relating to unsworn falsification to authorities. ,/(;/2 L dJif Robert W. Herlt Date: Jt<. [I 7/ cO?' / -- VERIFICATION Nancy C. Herlt states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C,SA 9 4904 relating to unsworn falsification to authorities, ~4?<L'1 C a-f // ncy CcJ;(erlt fl,1 Date p 7- dOCS t7 . ~5 Q... Land Contract tP. This Agreement is made and entered into by and betw_: Robert.o&/or NanCYdIerlt whose address is: 633 Brandy Run Road, Newville, PA 17241 hereinafter called the Vendor and ;,~O:;fRr p ~/~ "'-C~(i{,,')~. ., "GL~" ":RL;~~' 0;: Dff~; l'f JPAI OOUNry - r "IV 9 RfJ 9 22 TCL Properties Group whose address is: P.O. Box 29035 Dallas, TX 75229 hereinafter called the Vendee. Witnesseth: The Vendor, for himself, his heirs and assigns, does hereby agree to sell to the Venelee, their heirs and assigns, the following real estate commonly known as:50 Meadowbrook Road, Carlisle, P A., Cumberland County, North Middleton TOwnship, 170/3 and further described; as: 6 room, 2 BR, I Bath, single story, block construction, vinyl siding, single car attached garage on approx .22 acre lot. Lot dimensions 60 x 106, Property has new shingle roofin 1996, water heater in 1995, furnace is oil- hot air (l981), water softener in 1996, New Septic Tank and well in 200 I. Approx living space is 1,000 sqllt. together with all apJ>Ul'lenances, rights, privileges and easements and all buildings and fixtures in their present condition located upon said property. I, CONTRACT PRICE. MElHOD OF PAYMENT, iNTEREST RATE: In consideration whereof, the Vendee agrees to JlUtI:hase the above described property for the sum of sixty five thoUSWld and six hundered dollars ($65,600), payable as follows: The sum of $ 0 as down payment at the time of execution of the within Land Contract the receipt of which is bareby acknowledged, leaving principal ba1ance owed by Vendee 0[$ 6$,600 together wiIb interest on the unpaid balance payable in consecutive monthly installments of$ 689.93 beginnmg on the 21st. day of January, 2004, and on the 21 st. day of each and every monlh thereafter until said balance and interest is paid in foil, or until the 2tst day of January 2007 at which time the entire remaining balance plus accrued interest shall become due and payable. The Interest on the unpaid balance due hereon shall be twelve percent (l2 %) per annum computed monthly, in accordance with a monthly amortization schedule duriog the life of this Contract. Payments sball be made to the Veodor at the location above, unless otherwise directed by the Vendor, and such payments s1la1I be credited first to the Interest, and the remainder to the principal or olber sums due. The total amount of this ob/iption, both principal and interest, unpaid after making any such application of payments as herein receipted shall be the interest bearing principal amount of this obligation for the next succeeding interest computation perind, If any payment is not received within five (5) days of payment date, there shall be a late charge of $25,00 (3.6%) percent assessed, The Vendee may pay the entire balance due under this contract widtout prepayment penalty. 2. ENCUMBRANCES: Said real estate is presently subject to a mortgage, and neither Vendor nor Vendee shall place any mortgage on the premises in excess of this Land Contract balance without prior writtan conaent of the other party, 3. REAL ESTATE TAXEs: Real estate taxes shall be the responsibility of the Venelee as of the date of the execution of this agreement. Said taxes shall be the total responsibility of the vendee. 4. INSURANCE AND MAINTENANCE: The Vendee agrees to keep the premises insured against fire and other hazard for at least sixty-five thousand Dollars ($65,000). Vendor herein shall bave the right to enter the premises at least once per year with twenty-four hours notice BOOK 705 P^GE l466 !. <l w ~L ~ ~ <I. EXHIBIT .. to Vendee of his interest to exercise his right. Vendee shall keep the building in a good Stale of repair and well painted at the Vendee expense. Vendor shall have no obligation to do or furnish anything toward the improvement of said premises, excepl as may be provided herein, S. POSSESSION: The Vendee shall be given )lOSsession of the above described premises upon Contlllct execution, or as otherwise Provided herein and shall thereafter have and hold the same subjecllo the provisions for defilult hereinafter set forth, 6. ASSIGNMENT: The Vendee shall not sell, assign, or pledge their interest in Ibis Land Contract without the Vendor's written consent which COnsent sball not be unreasonably withheld. 7. DELIVERY OF DEED; Upon full payment oflbis contract, the Vendee shall receive a General Warranty deed to the property free of all encumbrances except as otherwise set forth. 8. DEFAULT: If 2 consecutive installments are unpaid all previous pa}'lllents shall be considered rent and the contlllct and sale will be void and the Vendor shall be entitled to all the remedies provided for by the laws of this state and/or to do any other remedies and/or relief now or bereafter provided for by law to such Vendor; and in the eVent of the breach of this contract in any other respect by the Vendee. Vendor shall be entitled 10 all relief DOw or hereinafter provided for by the laws of this state. Failure of Vendee to maintain CWTenl the status of all real _te taxes and insw-ance payments and/or premiums as required herein shall pennit Vendor the option to pay any such escrow amOlO1ts, premiums, taxes, interest, and/or penalty(ies), and 10 add same to the next due installment payment or Principai amount owing under Ibis contract, or to exercise any remedies available to Vendor. Waiver by the Vendor of a defiwlt or a number of defiwlts in the JlOtformance hereof by the Vendee shall nOI be construed as a waiver of any defiwlt, no matter how similar, In the event that the Vendor's interests in the propeny should become compromised Or otherwise extinguished for any l'eIIsoll, or should there be an acceleration of any debt .secured by the P"operty, the Vendee shall be entitled 10 a refund of all downpayment monies paid 10 the Vendor, plus the Principal POrtion of any payments made to date, as 10110...: Upon notification of such conditions, Vendee agrees to suspend subsequent payments due hereunder, and must continue 10 OCCUpy the property until required to vacate by judicial order. Vendee further agrees that any refund amounts due hereunder will be reduced by tlae amount of the missed payments. Both parties agree that this shall COnstitute the entire liability of the Vendor, and that Vendor shall have no liability to Vendee beyond Ibis amount for any reason whatsoever. 9. GENERAL PROVISIONS: There are no known pending orders issued by any governmental authority with respect to this Propeny other than tbose spelled out herein prior to closing date for execution oftbis agreement. It is agreed that this Land Contract shall be binding upon each of the parties, their admioistJ'aton, executors, legal representatives, heirs and assigns, 10. SPECIAL PROVISIONS: available and hookup required in the year 2004 or later. ~ 800K 70.5 i'AGE.1467 <. .. The parties hereby set their hands this 21st. day of January 2004, VENDOR: VENDEE: . JA nU1 /e'f 1;.:(00 if !/.v~-<.d.'J</ frI, ~ NOTARIAL SEAL VlYIan M Saker, Notary Public " ;,:~.< 'W lIow Hill, Meta' Twp" Franklln~., ~6 ' . ";~.,,..ftj. mission E ires 0 camber >:(~~;~Ji:;: "R\. , ,~.."~,,, .,":...,1."'1,. :'t. ''''.,''.'' ""L' ':';'"?' "'j- -~~ ..,~' t''}. ,r:" ,:,,'-'Y:Ji""-; ;":'lC "'H~:;'t,7",,,,-.! 'f.. _ ,.... " """,(',, " ,_,_ , ~. " t:, .. 'lW'i? .,,' ~IA ,.c.. ," . ,,..,:;,..i-' :,;. i' \,.~~ IN ";'.""~'~'"'''''' :m:iKiii"'the 7th. day of January, 2004, before me, the undersigne<:l odificer, persona ly appeared Robert W. and Nancy C. 12rlt, knoWlkto me tQ'-he~.qx!rsons whose names are subscribed to the within instrument, and acknowledged that they executed sarre for the purposes therein contained. . IN WI'lNESs WHEREOF, I hereunto set my hand and official seal. TRIAL SEAL VIVIan M Baker, Notary PUlllJo "II !lota' Twp" FllInldin Co,.1IA .,.... Dee....." ~...l';" .~_...:::-- ", ~~ ~ ,; '~'~'f1.." '~.. ,"~i..., ,.,.;.>'.t~, , "'~. .- . '-- .... , , ,- ,lI'~d::t,..~, ~".., .. .-~ .. . .~,~) .~ ~~: ,~" ,,'2"""": , ." ':", , .. -~ (I;~' t, ",...,..,..1~:'i ..d '\ \'~f"'" .;:..~fI."tI.,,:T". >. ,~_"!)~ ",.. 'I " ;".:"\ ' .;{;It '~'~~~~;:~~"\" z:;.~>v Ill. ~1u4/ /Vdf/lll'( Pi/bi,e' I Certify this to be recorded In Cumberland County PA "~~J.f." ~r' P;,'<- , r'.....'..~ ''(~ I~,,; ':';"""iI ,; '!:'r".~,>,' 705 PAGE t468 Recorder of Deeds BOOK -b ~ ~ ~f\ ~ V\ V\ , u\ C> ......... 6', ,. 11 v ,\ '" t !:: o ~~ ....' = = c.n <- c:: r~- I ...J -u o -n :or.." n1p -001 :.JO C),L, ,..,...... -r~ '" [~~ -"" ~r>- :D -< w ROBERT W. and NANCY C, HERL T, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2005-3460 CIVIL TERM TCL PROPERTIES GROUP, T.D. BOLTON Defendants : CIVIL ACTION - LAW : ACTION TO QUIET TITLE MOTION FOR SERVICE BY PUBLICATION AND NOW, this L day of 1).J.j~1 ,2005, an affidavit having been executed and filed herewith on behalf of the plaintiffs that the identity and whereabouts of the defendants, TCL PROPERTIES GROUP, and TO, BOLTON their successors and or assigns are unknown to plaintiffs, plaintiffs by theilr attorney, move this Honorable Court for leave to serve the complaint in this action upon said defendants and their successors and or assigns by publication in such manner as the Court shall direct, as provided by Pa.R.C.P, 410 and 430, Respectfully Submitted, GREASON LAW OFFICE GI q {05 Date // isa M, Greason, Esquire ,/ P,O. Box 385 Carlisle, PA 17013 (717) 241-3030 10 #78269 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3460 CIVil TERM ROBERT W. and NANCY C. HERl T, Plaintiffs TCl PROPERTIES GROUP, 1.0, BOLTON Defendants : CIVil ACTION - LAW : ACTION TO QUIET TITLE AFFIDAVIT OF LAST KNOWN WHEREABOUTS I, Lisa M. Greason, attorney for the plaintiffs, being duly sworn according to law, deposes and says that: 1, The complaint in the above referenced action was filed on July 7, 2005, 2. The plaintiffs have had no contact with the defendants since the agreement of sale was made, They have no other contact information then what was provided in the complaint. 3, The defendants' last known address was a post office box in Dallas Texas, The court rules allowed for initial service by mail. 4, Certified copies of the complaint were sent individually to both defendants by certified return receipt restricted delivery and my regular first class mail. 5, The certified mail was returned unclaimed, The regular mail was returned as "undeliverable" , 6. My office completed a search of the World Wide! Web, white pages and yellow pages. Neither defendants were found. 7. A search of the Texas corporation bureau was also conducted, neither defendant was found, 8, An inquiry was also made to the Postal Authorities, neither defendant was found, 9, To the best of my knowledge, information and belief, the defendants, TCl Properties Group and T.D, Bolton, their successors and or assigns are either dead, no longer in existence or their whereabouts are unknown to the Plaintiffs and Plaintiffs' counsel. 10, Plaintiffs by their counsel have made a diligent search in the community surrounding the premises which is subject of this action as well as the Dallas Texas area, but that no information concerning these matters was elicited by said investigation so that plaintiffs continue to have no knowledge concerning the whereabouts of defendants, TCl Properties Group and T.D, Bolton, their successors and or assigns. Respectfully Submitted, GREASON LAW OFFICE -7 'g'-C1-05 Date Lisa M. Greason, Esquire P.O, Box 385 Carlisle, PA 17013 (717) 241-3030 ID #78269 0 ...., ~ = c = "'"' ~~ ". ~ -:'Cf. n'lr:' c rl1 :n ~:'-' .., Z3~ -.1. c/) .'~. C) -< ,. r:c:; =tl.,-; iti -" (j:!.J ::r.: z~ '!! ~ ~ <11 ~ ;..c: , "'..' ROBERT W. and NANCY C, HERL T, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v\ v. : NO. 2005-3460 CIVIL TERM RECEIVED AUG ll[E05 TCL PROPERTIES GROUP, T.D, BOLTON Defendants : CIVIL ACTION - LAW : ACTION TO QUIET TITLE ORDER AND NOW, this 1)' day of A1~lv, 2005, upon presentation and consideration of the within motion and at the suggestion of Lisa M, Greason, Esquire, attorney for plaintiffs, plaintiffs are hereby granted leave to make service of the complaint upon defendants, TCL PROPERTIES GROUP and T.D, BOLTON their successors and or assigns, by publication once in the Cumberland County Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, as provided by Pa,R.C.P. 410 and 430 (b)(1), BY THE COURT, ,44 J, ~S) o V1N\/ir!}8N:'~::3d 'lNr,("", "'''''In'' ^ 1.,).' :',!('1~'\, V II :Z Wd S I ~nv SOOl IU\-W"\'0' "0'" :1H1 JQ ^UV.J,.UI ~urw.. aa....l .;;l 38!:J:!O'-(Eflll!., -',;.,',. v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3460 CIVIL TERM : CIVIL ACTION - LAW : ACTION TO QUIET TITLE ROBERT W. and NANCY C. HERL T, Plaintiffs TCL PROPERTIES GROUP, T.D, BOLTON Defendants MOTION FOR DEFAULT JUDGMENT PURSUANT TO PA. R.C,P. 1066(a) AND NOW come the Movants, ROBERT W. HERL T and NANCY C, HERL T, by and through their attorney, Lisa M. Greason, Esquire, and brings the within Motion for Default Judgment pursuant to Pa.R.C.P, 1066(a) and in support thereof avers as follows: 1. The Movants are Robert W, Herlt and Nancy C. Herlt, adult individuals whose address is 633 Brandy Run Road, Newville, Pennsylvania 17241. 2. The Movants filed a complaint in this matter on July 7, 2005, in the Court of Common Pleas of Cumberland County, Pennsylvania, at No, 2005-3460 Civil Term. The averments set forth in Movants' complaint are incorporated by reference herein as though fully set forth at length. 3. The land subject to this complaint is located at 50 Meadowbrook Drive, Carlisle, Pennsylvania, 17013 and more fully described in Deed Book 250, Page 2650 as recorded in the Recorder of Deeds office by and for Cumberland County on February 25, 2002. 4, By order dated August 15, 2005, this Honorable Court granted leave to make service of the complaint upon the Defendants, TCL Properties Group and T.D, Bolton by publication once in the Cumberland Law Journal and a newspaper of general circulation in Cumberland County, Pennsylvania, as provided by PaRC.P. 410 and 430 (b)(1). 5, Pursuant to the order dated August 15, 2005, Movants published notice of the complaint in the Cumberland Law Journal on September 2, 2005, and the Sentinel on August 26, 2005, Copies of proofs of publication were previously filed with the Prothonotary by and for Cumberland County, Pennsylvania, 6, Defendants TCl Properties Group and T.D. Bolton have not filed an answer, entered an appearance nor contacted Movants or Movants' attorney of record, WHEREFORE, Movants, Robert W, Herlt and Nancy C. Herlt, by their attorney, Lisa M, Greason, Esquire, moves this Honorable Court to enter a default judgment against the Defendants, TCl Properties Group and T.D, Bolton, and prays that this Honorable Court decree: 1, That the Defendants, TCl Properties Group and T.D, Bolton be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the Movants set forth in their complaint unless the Defendants commence an action in ejection within 30 days of the publication of the Order of Court, 2. That the Movants, Robert W. Herlt and Nancy C. Herlt, be declared the owner in fee simple of the premises. 3. That such other and further order necessary for granting a proper relief to the plaintiff herein by made as the case may require or as the court may deem proper, Respectfully Submitted, GREASON LAW OFFICE cr/ :J3/65 Date sa M. rea on, Esquire P.O, Box 385 Carlisle, PA 17013 (717) 241-3030 ID #78269 o r- "J """ c~ <f' <.f' ,'l -0 ~ r. -0 ?l' .r:: ~ :,=?...... H1m -00 -:-01. <~s.,J ~.c "11 '-.,- ;~.;,.C) <:,-~ff\ S 'r ::a N s:- II ROBERT W. and NANCY C. HERL T, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3460 CIVIL TERM TCL PROPERTIES GROUP, : CIVIL ACTION - LAW T.D, BOLTON : ACTION TO QUIET TITLE Defendants AFFIDAVIT OF SERVICE AND PROOF OF PUBLICATION I hereby certify that I served a true and correct copy of the Complaint on the Defendants by publication in the Sentinel on 8/26/05 and the Cumberland Law Journal on 9/2/05 authorized by Court Order dated 8/15/05, The Proofs of Publication are attached and incorporated herein, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE 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, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, GREASON LAW OFFICE q; () .3/DS Date . ________. / XS- /.~ / / _/-/Y V \ Lisa M, Greason, Esquire P.O, Box 385 Carlisle, PA 17013 (717) 241-3030 PROOF OF PUBLICATION Statc of Pennsylvania, County of Cumberland Tammv Shoemaker, ClaS5jJjecL0g,\!ertisim~lanager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of gencral circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) /\U(Tust 26, 2005 -,~----~,:~---,~-~_..- COpy OF NOTICE OF PUBLICATION 3ERTW."~:n-dNANCY G. HEALT, Plaintiffs : fN""r'F1.... ~~-~, , Ll::.At:) VI- : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3460 CIVIL TERM : CIVIL ACTJON - LAW : ACTION TO QUI~T TITLE v. PROPERTlEOSGROUP, BOLTON Defendants: NOTICE Tel PropertieS Group and T.O. Bofton: J ARE HERESy,N01'JflEDttlatthePlaintlffs, RobertW~ H~rttalldNancyC'leferlt, we commen~,an-~fQnin_Qujet TitHe against you, entered at No. :200S.34I,iO vii Term in the COtIrt ofCOrnl'1'lon Pleas of Cumberland'County, PennsylvanIa, 1ich you ar80tequirntlto defetld-;This action concernS land known andnumbe,ed ,50 Meadowbrook Drive, CarliSle. Pennsylvania 17013. u wish to defend, you must enter a written appearance personaUy or by attomey rd file your defense~:or objections in wri,ting with the court. You are warned that if u fail to do sathe case may proceedwithout you and a judgement may be entered lainst you witl'HJut furt~ernotice foethe relief requested by the plaintiff. You may .e money orpr~erty'orbthf;ir rights 'important to you. I SHOULD TAKE TliilSPAPli:!l:TOYOUR LAWYER ATONCE. IF YOU DO NOT WEA LAWYER, GO TOOR]"aEPHONE THE OfFICE SET FORTH BELOW~ jlS OFFICE CAN PRO)/IOE YOU WITK'INFORMATlON ABOUT HIRING A \ WYEA. . JU CANNOT AFFORD TO,KIRE A LAWVER, THIS OFFICE MAYBE ABLE TO 'OVIDE VOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER .GAl SERVICeS TO EqGlaLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CDUNTV LAWVER REFERRAL SERVICE ~_~~d~:,~,~~.r~1d;t~e~!. .,~~_~__,"~~, _-~., (717) 249-3166 By: Lisa M. Greason, Esquire Attomey for PlaintIffs P. O~- Box 385 Carlisle,PA17013 717~241-3d30 Affiant furtl1er deposes that he! she is not interested in tl1e subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of 3:;~ Sworn to and subscribed before me this 31st day of August, ;2005, GJUJLitWu;fi UJo~ . Notary Pu Ie My commission expiresr! / Ilo( COMMONW"ALThOF PENNSYLVAN\P" Notarial Seal CI1Ostin. L Wolfe, NolalY Public canlsle BofO, cumberland County My c;omm\SSIOO Exp;res Se?t 1, 2008 M~mi)~1 PaMsyll/anla AssoCIatIon Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of thc County and Statc aforesaid, being duly sworn, according to law, deposes and says that thc Cumberland Law Journal, a legal pcriodical publishcd in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designatcd by the local courts as the official legal periodical for thc publication of all legal noticcs, apd has, since January 2, 1952, been regularly issued weekly in thc said County, and that the printed notice or publication attached hereto is cxactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 2, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that hc is not intcrested in the subjcct matter of thc aforesaid noticc or advcrtisemcnt, and that all allegations in the foregoing statements as to time, place and character of publication are true, k I ( S TO AND SUBSCRIBED before mc this 2 day of September. 2005 r- N01 ARI l SEAL I LO'S [SNYDER, Notary P{;blic ! C "i,e:,' 8010, Cumberland County \ My Commission Expires Ma'ch 5, 2009 L....-____=- CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 2005-3460 Civil Term ROBERT W, and NANCY C, HERLT, Plaintiffs v, TCL PROPERTIES GROUP, T,D, BOLTON, Defendants ACTION TO QUIET TITLE NOTICE TO: TeL Properties Group and T.D. Bolton: YOU ARE HEREBY NOTIFIED that the Plaintiffs. Robert W. Herlt and Nancy C. Herli., have commenced and Action to Quiet Title against you. entered at No. 2005-3460 Civil Term in the Court of Common Pleas of Cumberland County. Pennsylva- nia. which you are required to de- fend. This action concerns land known and numbered as 50 Meadowbrook Drive, Carl1sle, Penn- sylvanja 17013. If you wish to defend, you must enter a written appearance person- ally or by altomey and file your de- fenses or objections in writing with the couri. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you v.rithout further notice for the relief request~ ed 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 TELEPHONE THE OF, FICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV, ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle. PA 17013 (717) 249,3166 LISA M. GREASON, ESQUIRE Attorney for Plaintiffs P,O, Box 385 Carlls!e, PA 17013 (717) 241-3030 Sept. 2 3 (") c;. ....> "" (.-;::> cf' i;; -"0 N -' -<) -- ----- Q. ..... -~.,., r11P: r~.\ ~C) \~~), t:) -'~~3J >.CJ /.- nl S~ ;s:r; :..:: .r.;: N t>J v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3460 CIVIL TERM ROBERT W. and NANCY C, HERL T, Plaintiffs TCL PROPERTIES GROUP, T.D, BOLTON Defendants : CIVIL ACTION - LAW : ACTION TO QUIET TITLE AFFIDAVIT OF DEFAULT Lisa M. Greason, Esquire, being duly sworn according to law, deposes and says that: 1, She is the attorney for the Plaintiffs, Robert W, Herlt and Nancy C, Herlt, and makes this Affidavit on behalf of the Plaintiffs, being authorized to do so, 2. A Complaint in this action to quiet title containing a notice to defend within twenty (20) days of service, was duly served on the Defendants by publication in the Cumberland Law Journal and the Sentinel on September 2, 2005 and August 26, 2005 respectively; and 3. To date the Defendants have not filed an Answer in this matter. Respectfully Submitted, GREASON LAW OFFICE qld3)1J5 f Date Isa M. Greason, Esquire P,O. Box 385 Carlisle, PA 17013 (717) 241-3030 10 #78269 () c: ..to,; .:-. c~., \,. , r-> = c= (~f"' U> '" -0 N .....J S~.~ ::-~ .-< .c- o -n ~.,., "'hi fC; t:'~) (L, -~~~~4 .)-- ':"",,-(), "-{I 91 .~ ::...'J -< N W v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3460 CIVil TERM );\ ROBERT W. and NANCY C. HERl T, Plaintiffs ; ;: ~ =:'.', Ii r.~(:I- ) 9 0, :~/v<' ... \,... r TCl PROPERTIES GROUP, T,D. BOLTON Defendants : CIVil ACTION - LAW : ACTION TO QUIET TITLE ORDER AND NOW, this 1'3 "'dayof a..-hJ.......,. , 2006, it appearing that a Complaint, with Notice to Defend was filed herein on July 7, 2005, and that the same was served upon the Defendants herein by newspaper publication in accordance with the Order of Court dated August 15, 2005, all as set forth in the Affidavit of Service and Proof of Publication filed herein, 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 allocated by law for the same, and upon Motion of Lisa M. Greason, Esquire, attorney for the Plaintiffs, it is hereby ordered and directed that judgment by default be, and the same hereby is, entered in favor of the Plaintiffs Robert W. Herlt and Nancy C. Herlt and against TCl Properties Group and ToO, Bolton, AND IT IS FURTHER ordered and directed that the said Defendants be, and the same hereby are, forever barred from asserting any right, title, interest or claim inconsistent with the right, title interest and claim of the Plaintiffs herein as set forth in Plaintiffs' Complaint with respect to the lands located at 50 Meadowbrook Drive, Carlisle, Pennsylvania, 17013 and more fully described in Deed Book 250, Page 2650 as recorded in the Recorder of Deeds office by and for Cumberland County on February 25, 2002, unless the said Defendants shall, within thirty (30) days after service by publication of the notice of this Order, commence an Action in Ejectment or other appropriate action to assert any claim they may have in and to the said lands against the Plaintiffs herein; and upon the failure of the Defendants, or any of them, to commence such action against the Plaintiffs within thirty (30) days after such service by publication, the Prothonotary of Cumberland County Pennsylvania, is directed, upon --,"'n" :::'\,! /'J ~; I :8 Wi 111 130 SOOl ',N'l"-;-;: <:-1 "',11::10 ^Wii..c. "\,,....; "l. ,,,,J,_~ _.It :r:,u,:iO-O:;:1j Praecipe of the Plaintiffs, to enter final judgment herein in favor of the Plaintiffs and against the Defendants pursuant to Pa, R.CP. 1066, 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 TCl Properties Group and T.D, Bolton as Grantors, and in the names of Robert W. Herlt and Nancy C. Herlt, as Grantees, BY THE COURT: /JJ J, ~ ~ I ~ ROBERT W, and NANCY C, HERL T, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2005-3460 CIVIL TERM TCL PROPERTIES GROUP, : CIVIL ACTION - LAW T.o. BOLTON : ACTION TO QUIET TITLE Defendants AFFIDAVIT OF SERVICE AND PROOF OF PUBLICATION I hereby certify that I served a true and correct copy of the Order of Court dated the 13th day of October, 2005 on the Defendants by publication in the Sentinel on October 29, 2005 and the Cumberland Law Journal on October 28, 2005 authorized by Court Order dated October 13, 2005, The Proofs of Publication are attached and incorporated herein, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE 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 PAC.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. GREASON LAW OFFICE !lhC,!&5 Date / yy,\ I Jdsa M, Greason, Esquir ---,/ P,O, Box 385 Carlisle, PA 17013 (717) 241-3030 PROOF OF PUBLICATION OF NOTICE IN CUMBERI"AND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 COMMONWEAL TH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that thc Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was establishcd January 2, 1952, and designated by the local courts as thc official legal periodical for thc publication of alllcgal noticcs, and has, since January 2, 1952, been regularly issued wcekly in thc said County, and that the printed notice or publication attachcd hereto is exactly the samc as was printed in thc rcgular editions and issues of thc said Cumberland Law Journal 011 thc following dates, Viz October 28, 2005 Affiant further deposcs that hc is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of gencral circulation, and that he is not interested in the subject mattcr of the aforesaid notice or advertisement, and that all allegations in the foregoing statcments as to time, place and charactcr of publication are true, , ~J ~~ ~~ IL Visa Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 28 day of October, 2005 ~~A'.1).A, JnrdfA) Notary CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberl.and County, Pennsylvania Civil Action-Law No. 2005.3460 Civil Term ROBERT W, and NANCY C, HERLT, Plaintiffs 'V. TCL PROPERT1ES GROUP, T,D, BOLTON DcIendants ACT10N TO QUIET TlTLE ORDER A.~D NOW. this 13th day of Oc- tober, 2005, it appearing that a Complaint, \\ith Notice to Defend was filed herein on Jujy 7, 2005, and that the same was served upon the Defendants herein by newspa- per publication in accordance with tbe Order of Court dated August 15. 2005, all as set forth in the Affida- vit of Service and Proof of Publica- tion flied herein, and it further ap- peal-jug that nQ appearance has been entered nor any /\nswer or other pleading has been flied herein on behalf of the said Defendants, or any of them, v,rithin the time allo- cated by law for the same, and upon Motion"orLisa M, Greason, Esquire, attorney for the Plaintiffs. it is herebv ~rdered and directed that judg~ent by default be. and the same herebv is, entered in favor of the Plaintiffs Robert W. BerIt and Nancv C. Herh and against TCL Prope"rties Group and T.D. Bolton. AND IT IS FURTHER ordered and directed that the said Defen~ dants be, and the same hereby are, forever barred from asserting any right. title, interest or claim incon- sistent with the right, title, interest and claim of the Plaintiffs herein as set forth in Plaintiffs' Complaint 'Nith respect to the lands located at. 50 Meadowbrook Drive. Carlisle, Penn- sylvania 17013 and mOre fully de- scribed in Deed Book 250, Pa,ge 2650 as recorded in the Recorder of Deeds office bv and for Cumber- land Count\.' on February 25, 2002, unless tile ~ said Defendants shall. within thirtv (30l davs after service by pUblication of th~ notice of this Order, commence an Action in Eject- ment or other appropriate action to asSert any claim they may ha\'e in and to the said lands against the Plaintiffs herein: and upon the fail- ure of the Defendants, or any of them, to commence such action against the Plaintiffs v..'ithin thirty (30) days after such senice by pub- lication, the Prothonotary of Cum- berland County, Pennsylvania. is directed. upon Praecipe of the Plain. tilTs. to enter final judgment herein in favor of the Plaintiffs and agaL.'1st the Defendants pursuant to Pa. R.C.P. 1066, 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, Pennsvlvarua. the same to be indexed in th~ names of TeL Properties Group and T.D, Bolton as Grantors, and in tile names of Raben W, Herlt and Nancy C. Herh. as Grantees. By the Court: Is/KeVin A. Hess, J. OCl. 28 11 PROOF OF PUBLICATION State ofPcnnsylvania, County of Cumberland T.:gnJr0: Shoelnal<~r. Cla:??ifh?i:Lili.h:'C'rt(sinfJ-~\lanagex, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established Decernber 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printcd notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) _()c tobel'__;_2:,._;?_O.Q_~ COpy OF NOTICE OF PUBUCATION IN THE COURT OF COMMON PLEAS OF cUMllERLAND COUNTY, PENNSYLVAN1A NO, l!ll05-3460 CIVIL TERM ClVlL,ACTlON , LAW ACTION OF OUIE't TITLE mm!il! c1ayOf Octqber, 2~, itappe,~ring tf1~ta'9~rnplaiht,wjthN6tice _I:rerein on.juJy 7 ,-.20o.s\~Il-d_-tr~tttTe~ap:te,~aSServed_upon the y-~t;~a~:tr~~liii~~~~~gr:~~;ilil:'~~~:_~:cito~f ,Court _~andit-fllrtner~rifl~,ttrat.np:~pp_El~ranCEl h~s been, " _. t'ori;)the(pJ~',tnl$~~ell fjJeo:tlerem,qn:t?ehalfp~th~ ,said wJmln-tkl~ftif:l\e,-,ark)cat~dby~w~r the~Il1~_~a!1dupon $qV1re,atto:m~ ft?~'the::f?la!ntiftSj_it,i~her~bY or.q:ered met'ltbY(tefau't]':~!j\antU!'1&-_~F!'J:E! :IJ~reb,Y'ls,:E:l:Nt~red t,n favor W, 'Herlland, Nani#Y:'C;:ff~rJtand agafn!tTqL Properties O.,~ )II:-a~~rE!dB~d_CFre'eie&~atm~_~id:'O~t~~ts be,:~hdthe,6ame ~re -arrad,from-asse,rtlO9-,any+(gbt;tjt1e,i,,:t"er~~t:or',cf~llll co,' ''ll:1erfght; tftlefntere_standcraitnoftl't~'1:'J~mt!ff~h~refnas:seff~rth pj~~~P#i;rytWith resp~f to:t~}~fl')~~1~~tec1~t,50Mea(jOWbrOOk Dnve, arJi$leP~s:ylva!'lia:1'70' 3andmo"l'lal41lY_d$~r'tJ~d-lfl-oee~'13'o-ok 2pO, -f'age ... " ,,' ,', "P,', ," -:.the Reporderof O~e~~t#f:i~-f)y'_and fQ;r:C,umlJ;~rl?{J:d.,(;o:untyon nesa-rd D~elidarit$,ShaJI, ,wjthintnjrtyqQ)',~ay:~after ofth13;,'notice;oft"~Otci:fir; pqtl1'mel1c~an:AotJon,'ln Elec:~rnent ',' ,,' ,', ,"',' - se-rf"'-'-'ci3lf!1:tney may:have :'If'l,.aOdtQ the,sald___ ' , tiffs-fi'el'etn; and apon~rclJfure Q-rih'lfP;rfena-afl~ of ch action agai-n~Ut1e Pla.irrtiff~, wtthi['ithlrty (30)d~ysafter, tJdn:theProfhono,ta.ry:ot_Cu~rlal1dCQunty,Pennsylvama; , . .ot the ;P\ainti@;~"tp;$~:fH;_firi:f\/i:l,(qg$'mentpere]n,jll ~v9.rof theD.~fenda "... 'Pa_';;R.p,_P:,1-066:;:andto~ause ft/'\is':OrderAi \;td~ril~ntto,~:tec~r~e,dln the -,',~;:iO"~'Y:, ~-C:9"qt:r.fi',~~nnsYjvama, the _Qa~_of,Ti. . _ '.' '_ .~ ";',,,", >~,ryg:TlJ)<,~~onas th:e;~ames otRobertVV~ He n~p,-Her~;_as9rantees, BY THE COURT: KevinA, Hess Affiant further deposes that he/ she is not intcrested in the subject matter of the aforesaid notice Or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. , I fi .Ii ~~/VV\ l\i{; fW1cJJ11 ( Sworn to and subscribed before me this 2':hL day of October, ,ffJ05, (;1. . ':;fi j Ii):/].I! >1-1 / My conunission expires: qf!c::If COMMONWEA...'(HU;;; PENNSYLVANIA. Notarial Seal Chnstina L. Wolfe. Notary Public Carlisle SOfQ, Cumberiano County My Commission Expires Sept. 1, 2008 , --' Mem~)e~. Pf~nnsy:vanis '~~"")Ci8!jor o~ Notarie" ( ) ,...", (.) c:~) , .. C:_J -1"1 ("n ::j C~' hi -- ( ." 0 " v ~ co '~:l ~I} .-- v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3460 CIVIL TERM ROBERT W. and NANCY C, HERL T, Plaintiffs TCL PROPERTIES GROUP, T.D, BOLTON Defendants : CIVIL ACTION - LAW : ACTION TO QUIET TITLE PRAECIPE TO THE PROTHONOTARY: Pursuant to the Order of Court dated October 13, 2005, and Pa,R.C,P, S 1066(b) and Local Rule S 1066.4, kindly enter final judgment herein in favor of the Plaintiffs and against the Defendants, and enter on the Appearance Docket and on the Order of Court a notation that the Defendants failed to take the action directed in the last advertisement within the time therein limited; and transmit to the Recorder of Deeds, for recording, a certified copy of the Order of Court containing the notation above described, Respectfully Submitted, GREASON LAW OFFICE II 1~/)/t~) Date ' L/i \'l/\'~/)/ Lisa M, Greason, Esquire P,O, Box 385 Carlisle, PA 17013 (717) 241-3030 10 #78269 I ! ~ ~ \) o ~ ---- --w --- ""\) ~ -f::' ~" ~ -'-1 "- -..0..' '6 -~ ;;;... 1> r", ,~ ~ G :0 c.-:' c- ....' C~:'J '. ~'.; /'1 C,) -',l :-;! "r:::! c.) c:> 1'.' ~; , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2005-3460 CIVIL TERM ROBERT W. and NANCY C, HERL T, Plaintiffs TCL PROPERTIES GROUP, T.D, BOLTON Defendants : CIVIL ACTION - LAW : ACTION TO QUIET TITLE PETITION AND NOW come the Plaintiffs, ROBERT W. HERL T and NANCY C, HERL T, by and through their attorney, Lisa M, Greason, Esquire, and petitions this Honorable Court as follows: 1. Plaintiffs filed a quiet title in this action on July 5, 2005, 2, After proper notification, Plaintiffs obtained a default judgment against the Defendants on October 15, 2005, 3. The date on the Order of Court for October 15 inadvertently showed the year as 2006, 4, The correct date on the Order of Court for October 15 should have been 2005, WHEREFORE, Plaintiffs prays this Honorable Court to sign the attached order corrected the date and direct the Prothonotary to file the corrected order in the Recorder of Deeds Office, Respectfully Submitted, GREASON LAW OFFICE ~:J./ 14/ () Ir Date ( /' '----" Lisa M. Greason, Esquire P,O, Box 385 Carlisle, PA 17013 (717) 241-3030 ID #78269 '__,Ct c:.:. (~l .c,'l -r'l ~ r-1 -l'. c:::..' ; i1 U"j .L',- t..D :"'~~ , " . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2005-3460 CIVil TERM ROBERT W, and NANCY C, HERl T, Plaintiffs TCl PROPERTIES GROUP, TD, BOLTON Defendants : CIVil ACTION - LAW : ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this J.rt day of ~r ' 2006, this Court's Order dated October 13, 2006, and recorded in the Recorder of Deeds Office on December 2,2005 at Mise, Book 722, Page 4868, is hereby modified to be dated October 13, 2005, The Prothonotary of Cumberland County, Pennsylvania is hereby directed to cause a true and attested copy of this Order to be recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, the same to be indexed in the names of TCl Properties Group and TD, Bolton as Grantors, and in the names of Robert W. Herl! and Nancy C, Herlt, as Grantees, BY THE COURT: 4' J- J--5--u(p ~ ~ ys- Ci ~ :[; 11 d Z,'. rrLj SC,GZ I.,':',_,l'!{'\ '.1 ::. J1 :";.,.,