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HomeMy WebLinkAbout05-4789Francis Worley, Jr. and Daniel T. Worley Plaintiffs V. Mary Worley Wolfe and Arthur S. Wolfe,: Husband and Wife, Melvin S. Worley and Unknown Heirs, successors, assigns & all persons claiming right, title, or interest from or under I.D. Worley, deceased Defendants CIVIL ACTION - QUIET TITLE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .NO. 05- 117?y CIVIL TERM Francis Worley, Jr. and Daniel T. Worley Plaintiffs V. Mary Worley Wolfe and Arthur S. Wolfe,: Husband and Wife, Melvin S. Worley and Unknown Heirs, successors, assigns & all persons claiming right, title, or interest from or under I.D. Worley, deceased Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- z1 7T ? CIVIL TERM CIVIL ACTION - QUIET TITLE COMPLAINT AND NOW COME the Plaintiffs, Francis Worley, Jr. and Daniel T. Worley by and through their attorney, James M. Robinson, Esquire, TURO LAW OFFICES and bring forth this Complaint against Defendants, Mary Worley Wolfe, Arthur S. Wolfe, Melvin S. Worley and Unknown Heirs, successors, assigns & all persons claiming right, title, or interest from or under I. D. Worley, deceased, and do respectfully represent the following: 1. Plaintiffs, Francis Worley, Jr. and Daniel T. Worley are the owners of the herein described tract of land and have a mailing address of 225 Latimore Valley Road, York Springs, Adams County, Pennsylvania 17372. 2. Defendants Mary Worley Wolfe and Arthur S. Wolfe, husband and wife, reside at 160 Latimore Valley Road, York Springs, Adams County, PA 17372. 3. Defendant Melvin S. Worley, a widower, resides at 98 Braggtown Road, York Springs, Adams County, Pennsylvania 17372. 4. Defendants, Unknown Heirs, successors, assigns & all persons claiming right, title, or interest from, or under I. D. Worley, deceased are a class whose identity and addresses are unknown to Plaintiffs at this time. 5. Plaintiffs, Francis Worley, Jr. and Daniel T. Worley are the owners as tenants in common of property located primarily in South Middleton Township, Cumberland County, Pennsylvania, partly in Latimore Township, Adams County, Pennsylvania, and partly in Franklin Township, York County, Pennsylvania, described as follows: BEGINNING at a stone pile in Franklin Township, York County on the north side of County Line Road and property of Clark Wagner; thence by said Clark Wagner and crossing said road into Adams County; South two (02) degrees West forty-four and five tenths (44.5) perches to stones; thence by lands now or late of Barry Weaver, North fifty-six (56) degrees West twenty-one (21) perches more or less to a post; thence by lands of Charles M. Fogerty due North forty and nine tenths (40.9) perches to a ground oak; thence south sixty-eight (68) degrees East nineteen (19) perches more or less to place of BEGINNING. CONTAINING 5 acres, more or less. 6. The Property is numbered 2810 County Line Road. 7. The herein described property is vacant mountain land. 8. During 1999, Francis Worley, deceased, father of Plaintiffs herein, was approached by adjoining landowners regarding this tract of land. 9. While surveying their property, the adjoining landowner discovered this tract of land +/- 20 acres and were trying to track down the owner(s). 10. A reference in a deed between the Estate of Bruce Wagner and Clark Wagner and wife dated May 26, 1958, Deed Number 4444, Recorded in Adams County, stated that the adjoining land was owned by heirs of I. D. Worley, the great grandfather of Francis Worley. See Exhibit "A" attached hereto. 11. Francis Worley hired a title searcher to research the tract and determine if there were any owners subsequent to I.D. Worley. 12. After researching in Cumberland, Adams and York Counties, and conducting Warrant research at the State Archives in Harrisburg, it was discovered that the vacant land consisted of three tracts. Two of the tracts were entirely in Cumberland County and amounted to the bulk of the land. These tracts were determined to be owned at one point by Bosler and have since been quieted into Charles M. Fogarty. The remaining tract is the described tract herein and, based on research pinpointing the surrounding properties, a deed description was ascertained. 13. The last owner according to the descriptions on deeds to adjoining properties for the remaining +/- 5 acre tract was I. D. Worley. 14. Based and his relationship to I.D. Worley, Francis Worley prepared a Deed transferring the land into his name. 15. The Deed was recorded in Adams County on January 28, 2000 in Deed Book 1996 at Page 27. See Exhibit °B" attached hereto. 16. Francis Worley hired a professional surveyor to survey the land and it was discovered that the majority of land was actually in Cumberland County, even though the land is taxed in Adams County. 17. Francis Worley paid the taxes on the land and posted the property. 18. On May 8, 2003 Francis Worley passed away. 19. Letters Testamentary were granted to Francis Worley, Jr. and Daniel T. Worley on May 12, 2003 and indexed in the Adams County Register of Wills Office at Number 01-03-0182. 20. Title to the herein described property was transferred to Francis Worley, Jr. and Daniel T. Worley, Plaintiffs herein, by Executors Deed recorded in the Office of Recorder of Deeds of Adams County Pennsylvania on April 28, 2004 in Deed Book 3546 Page 159. A copy was also recorded in Cumberland County on April 29, 2004 at Deed Book 262, Page 3636. See Exhibit "C" and Exhibit "D", respectively, attached hereto. 21. Plaintiffs have continued to pay taxes on the property and have expended monies to have probes and percolation tests done on the property. 22. Plaintiffs wish to confirm their title to the property. 23. Counsel for Plaintiffs requested a Bringdown and Certification through Patricia A. Black Abstracting, which dated the chain of title to February 2, 2000 and found no adverse claims to the property. 24. It is necessary to confirm title to the property through this action to quiet title because of the unknown class of heirs. 25. This action is being brought in Cumberland County because the majority of the property is situated in Cumberland County. WHEREFORE, Plaintiffs, Francis Worley, Jr. and Daniel T. Worley, request this Honorable Court enter a Decree confirming their title to the described tract, absolutely. Respectfully submitted, / Date ? Ja M. Robi son, Esquire TU LAW O FICES 28 S. Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs I do hereby certify that D.'2, Gardners, Pennsylvania, Dated April 16 , 1958, 8chnol Aistrint of the .-._..Tn1M1IllAhj..y.. Adams County, Pennsylvania. "REAL ESTATE DEED TRANSFER TAX RESOLUTION OF 1050" Amount of Tax.-.....22.1Tf1,,,_ .Received PA ent. Carl _S. Me_ n_ chays Per VIM Sachs Colleecar ' CERTIFICATE-OF-RESIDENCE ,,the precise pl,.age of residence of the within named Gra" tee is R. COMHOHW[ALTH COMMONWIALTII L .? w@'N NeV LVANIA [NN$YLVANIA ' J. E-'"Yake Jr. oau^`ENT GU N}t-torn ey for the Grantee 5/24/58 ,4/58z-1k #1558 $20.00 01 .00 -' C W W W co M,la w,ALTH of cos{H OHw ¢j NNSY I.V A 111A PEN NvAN'A - ?`----- y. G .75 ?rry, G_ Y L ?N' Aft y 15/ 2 f• 5?+ 4,! 2?}/5 Llri,, a o ?u IN wW T y?( r r 4150 $.10 C. W W C W W A true copy taken from and compared with the original. Witness my hand at Gettysburg, Pa., this 24th day of May, A.D. 1958, Carl S. Menchey, Recorder. Deed No. MI MI _ Bruce Wagner, Decd Exra. , To Clark R. Wagner and wife T I I iID tI r4"du r. MADE THE 26th day of May in the year One thousand ni hundred fifty-eight (1958). .............. ............................................... BETWEEN Clark R. Wagner and Bruce Wagner, Jr., Exe- Lc 1 „i of P, , 1t r y ....Latimore_.Twp. and York County cutors of the Will of Bruce Wagner, deceased, late o Considerati.ri $5,000.00 ........................ Ethe Borough of York Springs, Adams County, Pennsyl- ff 7lgqter ! Ao?' C C, Sfi May..26, ...............A. DJ.9..5.P. 0:5 -•A:M AST vania, parties of the first part, GRANTORS AND Clar . .... ......................Car.1....5...... Ko'n4T. wy.1...........I Recurdt!T R. Wagner and Kathleen V. Wagner, husband and wife, tenants of an estate by entireties, of D111sburg, R.D. 1, Pennsylvania, parties of the second part, GRANTEES. WHEREAS, W. H. Smith, Administrator of the Est&te of Howard W. Fickel, deceased, late of Latimore Township, Adams County, Pennsylvania, by his dead dated January 11, 1928, recorded in the Office of the Recorder of Deeds of Adams County, Pennsylvania, in Deed Book 218 at pag 37, did sell and convey a tract of land (Tract #1 hereinafter described) unto Bruce Wagner; a WHEREAS, Miles W. Brandt and Sylvia C. Brandt, his wife, by their deed dated May 22,192 recorded in the Office of the Recorder of Deeds of Adams County, Pennsylvania, in Deed Book 2 at page 41, did sell and convey a tract of land (Tract #2 hereinafter described) unto Bruce Wagner; and WHEREAS, the said Bruce Wagner being so thereof seized died May 20, 1957, after first having made his last Will and Testament dated February 21, 1950, which was duly entered for pr bate in the Office of the Register of Wills of Adams County, Pennsylvania, and recorded therei in Will Book Z at page 286, wherein he did inter alia appoint Clark R. Wagner and Bruce Wagner Jr. as executors of his last Will and Testament, and further did direct that said executors shall sell his real estate and convert the same into cash; and WHEREAS, said tracts of land were not specifically devised; and WHEREAS, the said executors, parties of the first part, by virtue of the direction in the Will hereinbefore mentioned, wherein the real estate of the decedent was to be sold end conver into cash, did advertise the same in accordance with Acts of Assembly in a newspaper of genera circulation throughout the County of Adams once A week for a period of four successive weeks immediately preceding the time of sale, and by twenty-five hundbills at leant two of which wei posted on the property to be sold and the remainder thereof in the most conspicuous places in the vicinity thereof and did offer the same at public sale on the premises on Wednesday, Apri: 2, 1958, at 12:30 o'clock P.M. E.S.T.; and WHEREAS, said tracts of land were struck down to the grantees herein at a price or sum b of Five thousand (:5,000.00) Dollars t best price bid for the same and the gran EXHIBIT h <+ 8 A being the highest and best bidder for the same, and is a higher price than the executors believe could be realized at a reoffering of the same; now this indenture WITNESSETH, that the said parties of the first part, by,virtue of the power and directio In said last Will contained, and in consideration of the sum of Five thousand-(05,000.00) DollL to them in hand paid by the grantees at and before the ensealing and delivery of these presen e, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and th y do hereby grant bax'gain, sell and convey unto said grantees, ALL those two tracts of land as follows: TRACT 1: All that tract of land situate partly in Latimore Township, Adams County, Pennsylva and partly in Franklin Township, York County, Pennsylvania, bounded and described as follows: BEGINNING at a stone at lands now or formerly of Amer E. Strayer; thence with said lands South 35 degrees West 39 perches to stake; thence by lands now or formerly of Clayton Fickel South 50 degrees East 24.9 perches to stake; thence South 16 311; degrees East B0.3 perches to stake; thence South 35 degrees West 2 perches to stake; thence South 57 3%4 degrees East 4.4 perches to stone; thence by lands now or formerly of Elizabeth Waldkirch North 35 degrees East 43.7 perches to stake; thence South 52 degrees West 11.11 perches to stone; thence by lands now or formerly of Lewis Bushey North 26 degrees East 78.8 perches to stone; thence by lands now or formerly of David H. Myers North 88 degrees West 48.2 perches to stone; thence North 121 degrees East 9.3 perches to stone in public road; thence with said road North 89j degrees West 24.8 perches to stone; thence in said road North 701 degrees West 22.2 perches to stake; thenc by lands now or formerly of John Gochenaur North 66 degrees West 22.2 perches to stones] thenc, across said road and by lands now or formerly of Heirs of I. D. Worley South 2 degrees West 44.5 perches to stones; thence by lands now or formerly of Elmer 'E. Strayer South 52 degrees West 49.6 perches to the place of BEGINNING. CONTAINING 43 Acres and 36 Perches, more or les: TRACT #e: All that tract of land situate in Latimore Township, Adams County, Pennsylvania, bounded and described as follows: BEGINNING at stones; thence by lands now or formerly of Bruce Wagner Estate South 20 degr? West 9 perches to stump; thence by lands of same South q6 degrees East 61.1 perches to a stone thence by land now or formerly of Charles Starry North 31 degrees East 2 perches to stone in center of a public road; thence along said road and lands now or formerly of Miles W. Brandt North 75' degrees West 62.7 perches to stones, the place of BEGINNING. CONTAINING 2 Acres and 20 perches, more or less. TOGETHER with all and singular the rights, liberties, privileges, hereditaments and•appur tenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and re- inainders, rents, issues and profits thereof, and all the estate, right, title, interest, pro- perty, claim and demand whatsoever of the said Bruce Wagner at and immediately before the time of his decease, in law or equity or otherwise howsoever, of, in to or out of th3 same. TO HAVE AND TO HOLD the said granted remises to the said grantees, their heirs and asst forever. This conveyance is made pursuant to an order of the Orphans' Court of Adams County, Pennsylvania, dated May 10, 1958. AND, the said Clark R. Wagner and Bruce Wagner, J'r.,"Executors aforesaid, do covenant, promise, grant and agree,--to and with the said grantees, their heirs and assigns, by these pro- sents that they, thesaid Clark R. Wagner and Bruce Wagner, Jr., Executors aforesaid, have not done, committed or knowingly or willingly suffered b be done, any act, matter or thing whatsoe whereby the premises aforesaid, or any part thereof, is, are, shall or may be charged, encumbe a, es f r d WARRANTY DEED - 1980 County Parcel No MADE the Twenty-eighth.... in the year two thousand PLANKENHORN CO.. WILLIAMSPORT, PA. -_ day of January (2000) BETWEEN FRANCIS WORLEY of Latimore Township, Adams County, Grantor AND FRANCIS WORLEY of Latimore Township, Adams County, Grantee WITNESSETH, That in consideration of One Dollar ($ 1.00)------------------------------- -------------------------------------------------- -------------------------- Dollars, ii in hand paid, the receipt whereof is hereby acknowledged, the said grantor do es hereby grant i and convey to the said grantee , ALL that certain tract of land situate partly in Latimore Township, Adams County and partly in Franklin Township, York County, Pennsylvania, bounded and described as follows: BEGINNING at a stone pile in Franklin Township, York County on the North side of Line Road at property of Clark Wagner; thence by said Clark Wagner and crossing said road into.Adams County; South two degrees West forty-four and five tenths perches to stones; thence by lands now or late of Barry Weaver, North fifty-six degrees West twenty-one perches more or less to a post; thence by lands of Charles M. Fogarty due North forty and nine tenths perches to a ground oak; thence South sixty-eight degrees East nineteen perches more or less to place of BEGINNING. CONTAINING five acres more or less. BEING the same premises which became vested in I. D. Worley during his lifetime. Francis Worley is the greatgrandson of I.D. Worley. i n P?9 C)0 Q-1 EXHIBIT z4L8 'RPCb, a 8 AND the said grantor will generally hereby conveyed. IN WITNESS WHEREOF, said grantor day and year first above-written. Sealed and delivered in the presence of Witness ...................................................... 1 ..................................:.................... WARRANT AND FOREVER DEFEND the property has hereunto set his hand and seal , the ............................. [Seal] Francis Worley ............................................................ [eul] CERTIFICATE OF RESIDENCE I hereby certify, that the precise residence of the grantee herein is as follows: Francis Worley . 225 Latimore Valley Road, York Springs, PA 17372 .. .......................... ..a,.,. ... Attorney for Grantee I (90mmonivealt4 of Pertnegli aniu j go. (gauntg of .... Adams .................................. i Monica H. Dutko On this, the 2nd day of February -2000before me X ")MXX fifX*)6 the undersigned officer, personally appeared Francis Worley known to me (or satisfactorily proven) to be the person whose name is subscribed to the within i instrument, and acknowledged that he executed the same for the purpose therein i contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. My Commissi PeT a 1.L. ......... ................ a MONICA hil' 41s?«Pii?Jfr l C ti i J!' J (Page 1 of 4) .: .'rymp? ?`NINIInn ?,?NI ?Itl?11?ullRI?PU1 U11?11111? I??, MIIM'?ntl? ,,as ID: 000000610988 TYDe: O06 Raoorded: 04/282004 at 03708:08 PM Fee Amt: 440.00 Pace 1 of 3 Instr# 200400009189 Adams County. PA Patsy 9, Oochsneuer Recorder of Deec 9x3546 P°159 Tax Parcel No. H01-0001C-000 FIDUCIARY WARRANTY DEED Made the 27°i day of April, 2004; BETWEEN Francis Worley, Jr. and Daniel T. Worley, Co-executors of the Estate of Francis Worley, formerly of Latimore Township, Adams County, Pennsylvania, Grantors, AND Francis Worley, Jr., of New Cumberland, Cumberland County, Pennsylvania, and Daniel T. Worley, of Latimore Township, Adams County, Pennsylvania, Grantees, WHEREAS Francis Worley died testate, seized as the hereinafter described tract of land, on May 8, 2003; and WHEREAS Letters Testamentary were granted to Francis Worley, Jr. and Daniel T. Worley on May 12, 2003 and indexed in the. Adams County Register of Wills Office at Number 01-03-0182; and WHEREAS the co-executors conveyed the herein described tract of land pursuant to the powers vested in them, respectfully, as Personal Representative for the Estate; NOW THEREFORE, inconsideration of the sum of ONE ($9.00) DOLLAR, lawful money of the United States of America, in hand paid, the receipt whereof is hereby acknowledge, the Grantors hereby grant and convey in fee simple to the Grantees their heirs and assigns, forever as TENANTS IN COMMON with no right of survivorship. ALL THAT CERTAIN tract of land situate partly in Latimore Township, Adams County, partly in Franklin Township, York County, and partly in South. Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stone pile in Franklin Township, York County on the North side of Line Road at property of Clark Wagner; thence by said Clark Wagner and crossing said road into Adams County; South two degrees West forty-four and five tenths perches to stones; thence by lands now or late of Barry Weaver, North fifty-six degrees West twenty-one perches more or less to a post; thence by lands of Charles M. Fogarty due North forty and nine tenths perches to a ground oak; thence South sixty-eight degrees East nineteen perches more or less to place of BEGINNING. EXHIBIT Book:3546,Page:159 (Page 2 of 6) IQIIQIa[?IIQNIiIQ?IIiQiQI?IQQNilIiQ11?IIMl?i?!{ Imaae ID: 000000670700 Tvoe: GEN Page 2 of S 8K3546 Pa160 BEING The same tract of land vested in Francis Worley by deed dated January 28, 2000, and recorded in the Office of the Recorder of Deeds In and for the County of Adams in Deed Book 1996, at Page 27. The Grantors, in their capacity as the aforesaid, covenant that he has not heretofore done or committed any act, matter, or thing whatsoever whereby the premises hereby grant and conveyed, or any part thereof, is, are, shall, or may be impaired, impeached, charge, or encumbered in title, charge,` estate or otherwise, howsoever. IN WITNESS WHEREOF, the said Grantors in their fiduciary capacity as Co- Executors of the Estate of Francis Worley, deceased, has hereunto duly executed this deed the day and year first written above. SIGNED, SEALED and DELIVERED in the presence of or ATTESTED by C? Francis- Orley Jr., Co-?wx' utor of the Es te of Fra9 is Worle Daniell T. Worley, Co-execu r of the Estate of Francis Worley 5ook:3546,Page:159 (Page 3 of 4) Image ID: 0000001110077011 TV09. 0EN BK3546 PA61 COMMONWEALTH OF PENNSYLVANIA, . COUNTY OF YORK ss. BE IT REMEMBERED, that on r. 2 2004, before me the subscriber personally appeared Francis Worley Jr, and Daniel T.' Worley, known to me or satisfactorily proven to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purpose therein contained. WITNESS my hand and seal the day and year aforesaid. NOTARIAL UAL C ' ?"?(1 P- DANIEL D. WORLEY ?vvllllJl Nototy Public Notary Public CITY OF YORK, YORK COUNTY My Commission Expkes Nov 20.2007 1 hereby certify that the precise mailing address of the Grantees is: Francis Worley Jr. and Daniel T Worley 225 Latimore Valley Road York Springs, PA 17372 Attorney for Grantees Book:3546,Page:159 (Page 4 of 4) Fr KEV.1e31% (6.961 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OP REVENUE BUREAU OF I130IVIDUALIA%1:S DEPT. 280603 HARRISBURG, PA 17t28.0603 REALTY TRANSFER TAX STATEMENT OF VALUE ( RECORDER'S USE ONLY ley See Reverse for Complete each section and file in duplicate with Recorder of Deeds when (11 the full vaiuelconsideralion is not set forth In the deed, (2) when the dead is without consideration, or by gift, or (3) o tax exemption is claimed. A Statement of Value is not required if the transfer is wholiy exempt From tax based on: (14fcmily relationship or public utility easement. If more space is needed, attach additional sheet(:). A CORRESPONDENT - All inquiries may be directed to the following person: Name Daniel D. Worley,. Esq. Telephone Number: Area Code (717 i 528-4500 Street A "225 sly State Zip e Latimore Valley Road York Springs PA 17372 B TRANSFER DATA Dote o Aceeptaneo 0 oeument creme„ lne,.or(, Estate of Francis Worley cronree, asses 'ancis Worley 01r, Daniel T Worley Francis Worley, Jr. and Daniel T. Wor freer re„ 225 Latimore Valley Road Sheet re„ 225 Latimore Valley Road Stale zip a York Springs PA 17372 ry Stale Xork Springs PA 1737p e 2 E EXEMPTION DATA Ia. Amount o Exemption aim . ?ercenfags o Interest Conveyed 100% 100$ 2, Check Appropriate Box Below for Exemption Claimed ® Will or intestate succession Francis Worley 01-03-0182 nw ookl of state Fit. um ? Trontfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency4traw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. . (if condemnation or In lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default, Mortgage Book Number , Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory wrpornte consolidation, merger or division. (Attach copy of articles,) ? Other (Please explain exemption claimed, if other than listed above.) iui?1( JKII?( Itnaae IDs 000000610701 atD9: GEN Issas 3 3546 po161A Under penalties of law, I declare that I have examined this Statement, including accompanying information, and to the best of my knowledge and bellef, it is true, tarred and complete. FAILURE TO COMPLETE THIS FORM PCOPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. 13ook:3546,Pegc:154 I SSS -?_ Tax Parcel No. 40-15-0201-038 FIDUCIARY WARRANTY DEED Made the 0-77 th day of April, 2004; ~" r BETWEEN Francis Worley, Jr. and Daniel T. Worley, Co-executes (%t?g Estate of Francis Worley, formerly of Latimore Township, Adams'-'Co6t} Pennsylvania, Grantors, AND Francis Worley, Jr., of New Cumberland, Cumberland County, Pennsylvania, and Daniel T. Worley, of Latimore Township, Adams County, Pennsylvania, Grantees, WHEREAS Francis Worley died testate, seized as the hereinafter described tract of land, on May 8, 2003; and WHEREAS Letters Testamentary were granted to Francis Worley, Jr. and Daniel T. Worley on May 12, '2003 acid indexed in the Adams County Register of Wills Office at Number 01-03-0182; and WHEREAS the co-executors conveyed the herein described tract of land pursuant to the powers vested in them, respectfully, as Personal Representative for the Estate; NOW THEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States of America, in hand paid, the receipt whereof is hereby acknowledge, the Grantors hereby grant and convey in fee simple to the Grantees their heirs and assigns, forever as .TENANTS IN COMMON with no right of survivorship. ALL THAT,CERTAIN tract of land' situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Eugene Albert Hockensmith, R.S., dated September 29, 1984, as follows, to wit: BEGINNING at an iron pin set on the northern side of 8 foot wide gravel private road at lands of Grace A. Whitson; thence along lands of Grace A. Whitson, North 29 degrees 12 minutes 00 seconds West 326.47 feet to an iron pin set in rock pile; thence along lands of John M. Bearer, North 61 degrees 47 minutes 30 seconds East 394.13 Feet to an existing angle iron; thence South 39 degrees 42 minutes 05 seconds East 91.00 feet to an iron pin set on northern side of 8 foot wide gravel private road; thence along the northern, side.. of the aforementioned road the following three courses and EXHIBIT 640K 262 rn-;3638 distances: 1) South 37 degrees 13 minutes 48 seconds West 117.02 feet; 2) South 2 degrees 27 minutes 54 seconds west 221.35 feet; 3) South 42 degrees 45 minutes a seconds West 139.03 feet to an.iron-pin, the place of BEGINNING. CONTAINING 2.0077 acres. BEING the same premises which Ronald F. Wolfe and Lulu S. Wolfe, grante and conveyed unto Francis Worley, by deed dated October 150', 1997 and recorded i the office of the Recorder of Deeds in and for Cumberland County in Deed Book 16( Page 569. IN WITNESS WHEREOF, the said Grantors in their fiduciary capacity as Cc Executors of the Estate of Francis Worley, deceased, has hereunto duly executed thi deed the day and year first written above. SIGNED, SEALED and DELIVERED In the presence of orATTESTED by Francis Worley Jr., Co-exe or f the e f Fran ' Worley Daniel T. Worley, Co-execu of the Estate of Francis Worley KdR 262 PACE3637 COMMONWEALTH OF PENNSYLVANIA, : COUNTY OF YORK ss. BE IT REMEMBERED, that on r; Z ,2004, before me ti subscriber personally appeared Francis Worley Jr. and banieI T. Worley, known to n or satisfactorily proven to be the persons whose names are subscribed to the with deed and acknowledged that they executed the same for the purpose therein containe WITNESS my hand and seal the day and year aforesaid. NCW14 SEAL Notary Public DWEL D. WORLEY Notary Duwla CITY OF YORK. YORK COLM My CommUon Explres Nov 20, 2007 I hereby certify that the precise mailing address of the Grantees is: Francis Worley Jr. and Daniel T. Worley 225 Latimore Valley Road York Springs, PA 17372 BODK 262 PASE3638 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. RECORDED in the Office of the Recorder of Deeds of Cumberland County Pennsylvania, in Deed Book , Page WITNESS my hand and seat of Office this day of _ 2003. RECORDER OF DEEDS WORLEY & WORLEY LLP YORK, PENNSYLVANIA 1 ila? cc? ??c re?:or???:d 1: .. ??.•.?s?-.,,?a C;vunty Pfd J? 4 Pccorder of Deeds eodx- 262 ?Acc-3639 REV-IN IN 16461 COWAONWF.ALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT, 280843 HARRISBURG PA 17728 06a Fi REALTY TRANSFER TAX STATEMENT OF VALUE 2ECORDEINS USE ONLY s Soo Koverst for instructions --- Complete each sociion and file in duplicate with Recorder of Deeds when (1) tht full valuelconsideration is nor sot forth in the deed, (2) whon the is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt fr or based on: (1) family relationship or (2) public utility easement If more space is needed, attach additional shoals) A CORRESPONDENT - All inauirie3 may be directed to the following parson. Name Daniel D. Worley,, Esq. Telephone Number: AraaCode (717 1 528-3500 weer A ross City Sioto Zip ode 225 Latimore Valley Road York Springs PA 17372 B TRANSFER DATA Da$* a Acceptoncs a Oocur"nr Granter. Lesson Estate of Francis Worley Gro"tv*(x)JLosw@(sY •ancis Worley Jr, Daniel T Worley Francis Worley, Jr, and Daniel T. We 5rrrer A ross 225 Latimore Valley Road Street Address 225 Latimore Valley Road City state Zip Coe York Springs PA 17372-- C,ty tote Zip C446 [ York Springs PA 17372 C PROPERTY LOCATION Street A dross City, Towns ip, aoroug County S oo District Tox Por um or ISO (1? D VALUATION DATA 1. Actua Car Conai erofion 0 2. 0-me rCond oration Total Cona;dwro-riata + p (J COW Ashur Vo ue . Commas Level Ratio agar air Market Va ue l?() x Joey„ _ j 1 jS d E EXEMPTION DATA In. Amount o Exemption Cairns 1 . Percentage a interest Conveys 100$ 100% 2, Check Appropriate Box Below for Exernption Clalmod ® will or intestals succession Francis Worley - 01 -03-01 82 Nome Drru rMt EtleU Ff • Nam ? Transfer to Industrial Development Agency: ? Transfer to a trust. (Attach complete copy of trust pgreernenr identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agenryhrrow pony agreement.) ? Transfers to the Commonwealth, the United States and Instnrmenial)ties by gift, dedication, condemnation or in lieu of condemnation. (if condemnation or in lieu of condemnation, attach copy of resolution.) ? Tronafae from mortgagor to a holder of a mortgage In dofault. Mortgage Book Number , Page Number ? Corroctive or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory corporate consolidation, merger or division, (Attach copy of articles.) ? Other (Please explain exemption daimed, iVother than listed above.) Signature o orsespn e t or espantt a any pate 262 ?ACE3640 , FAILURE TO COMPLETE THIS FORM PRO ERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESIJLT IN 714E fIr-enenr VII oPFtIrAr Under penalties of low, I dedare that I have examined this S1aternent, Indudiny accompanying lnformca6an, and to the beet of my knowledge and belief, it is true, correct and compltte. TO RECORD THE DEED. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ze?,l ? 05- Da et Date Qw? \t?. Francis Worley Jr. Daniel T. Worley 0 ri "IN W SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04789 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLEY FRANCES JR ET AL VS WOLFE MARY WORLEY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOLFE MARY WORLEY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS serve the within COMPLAINT -QUIET TITLE County, Pennsylvania, to On September 22nd , 2005 , this office was in receipt of the attached return from ADAMS Sheriff's Docketing Out of Cc Surcharge Dep Adams Postage Costs: 18.00 xnty 9.00 10.00 County 41.90 .74 /JVZ 09/22/2005 JAMES ROBINSON So answers R.` Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 2 day of ? nv? ?A.D. z?111' E ono ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04789 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLEY FRANCES JR ET AL VS WOLFE MARY WORLEY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOLFE ARTHUR S but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT -QUIET TITLE On September 22nd , 2005 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 00 nn 09/22/2005 JAMES ROBINSON So answers R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. 1. 0 ot y SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04789 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLEY FRANCES JR ET AL VS WOLFE MARY WORLEY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT WORLEY MELVIN S but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT -QUIET TITLE County, Pennsylvania, to On September 22nd , 2005 , this office was in receipt o attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 09/22/2005 JAMES ROBINSON So answers- R'. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of O? A.D. P? 6 f y to wit: in his bailiwick. He therefore In The Court of Common Pleas of Cumberland County, Pennsylvania Francis Worley Jr et al VS. Mary Worley Wolfe et al SERVE: Mary Worley Wolfe No 05-4789 civil Now, September 16, 2005 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, September 19 , 20 05 , at 7:00 o'clock P. M. served the within _Complaint in Civil Action upon Mary Worley Wolfe at 160 Latimore Valley Road, York Springs, PA by handing to Mary Worley Wolfe a true and attested and made known to Marv Worlev Wolfe Sworn and subscribed before me this day of N/A 20 copy of the original complaint in Civil Action the contents thereof. So answ s, lleput eri l S riff of Adams County, PA COSTS SERVICE MILEAGE _ AFFIDAVIT $ 30.00 11.90 $ 41.90 Pd. 9/20/05 1 CJ 0 I ,'7'c,7 In The Court of Common Plus of Cumberland County, Pennsylvania Francis Worley Jr et al vs. Mary Worley Wolfe et al SERVE: Arthur S. Wolfe Now, September 16, 2005 No. 05-4789 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,.' Affidavit of Service Sheriff of Cumberland County, PA Now, September 19 , 20 05 , at 7:00 o'clock P. M. served the within Complaint in Civil Action upon Arthur S. Wolfe at 160 Latimore Valley Road, York Springs, PA by handing to Mary Worley Wolfe, adult in cbarge of residence at time of service a true & attested copy of the original complaint in Civil Action and made known to Mary Worley Wolfe the contents thereof. So rswers, D ut beriff Sh ff of A ams County, PA Sworn and subscribed before me this day of N/A 20 COSTS SERVICE _ MILEAGE_ AFFIDAVIT $ Included on another return In The Court of Common Fleas of Cumberland County, Pennsylvania Francis Worley Jr et al VS. Mary Worley Wolfe et al SERVE: Melvin S. Worley No. 05-4789 civil Now, September 16, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, September 19 , 2005 , at 7:18 o'clock P. M. served the within Complaint in Civil Action upon Melvin S. Wor at 98 Braggtown Road, York Springs, PA by banding to Melvin S. a true & attested copy of the original complaint in Civil Action and made known to Melvin S. Worley the contents thereof. So wers, an Dep erif lCGI r¢! S iff of Mattis County, PA COSTS Sworn and subscribed before SERVICE $ me this day of N/A 120 MILEAGE AFFIDAVIT $ Inclu ad on another return :, FRANCIS WORLEY, JR. and, DANIEL T. WORLEY, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4789 CIVL TERM V. MARY WORLEY WOLFE and ARTHUR S. WOLFE, husband and wife, MELVIN S. WORLEY and unknown heirs, successors, assigns and all persons claiming right, title, or interest from or under I. D. WORLEY, deceased, DEFENDANTS CIVIL ACTION - QUIET TITLE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendants, MARY WORLEY WOLFE and ARTHUR S. WOLFE in the above captioned case. Respectfully submitted, IRWIN & By: Marcus 4. McI Aht, III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendants Mary Worley Wolfe and Arthur S. Wolfe Date: October 5, 2005 FRANCIS WORLEY, JR. and, DANIEL T. WORLEY, PLAINTIFFS V. MARY WORLEY WOLFE and ARTHUR S. WOLFE, husband and wife, MELVIN S. WORLEY and unknown heirs, successors, assigns and all persons claiming right, title, or interest from or under I. D. WORLEY, deceased, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4789 CIVL TERM CIVIL ACTION - QUIET TITLE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: James M. Robinson, Esq. TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 IRWIN & By: Marcus 60 West III, Esquire Carlisle," PA 1700 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 5, 2005 2 f'7 ?' _ ,?r C7 =:?-n C C`1 ta, 1 '-'-t? ? ?. ?.J ..?i y??l ...? .'::; ST ?.y) X1-1 °=i' C ? FRANCIS WORLEY, JR. and, DANIEL T. WORLEY, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 054789 CIVL TERM V. MARY WORLEY WOLFE and ARTHUR S. WOLFE, husband and wife, MELVIN S. WORLEY and unknown heirs, successors, assigns and all persons claiming right, title, or interest from or under I. D. WORLEY, deceased, DEFENDANTS CIVIL ACTION - QUIET TITLE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendant, MELVIN S. WORLEY in the above captioned case. By: Respectfully submitted, IRWIN & r Marcus A. cKnigl Esgt 60 West Po et Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Melvin S. Worley Date: October 26, 2005 FRANCIS WORLEY, JR. and, DANIEL T. WORLEY, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 054789 CIVL TERM V. MARY WORLEY WOLFE and ARTHUR S. WOLFE, husband and wife, MELVIN S. WORLEY and unknown heirs, successors, assigns and all persons claiming right, title, or interest from or under I. D. WORLEY, deceased, DEFENDANTS CIVIL ACTION - QUIET TITLE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: James M. Robinson, Esq. TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus . McKni , Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 26, 2005 2 FRANCIS WORLEY, JR. and, DANIEL T. WORLEY, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4789 CIVL TERM V. MARY WORLEY WOLFE and ARTHUR S. WOLFE, husband and wife, MELVIN S. WORLEY and unknown heirs, successors, assigns and all persons claiming right, title, or interest from or under L D. WORLEY, deceased, DEFENDANTS CIVIL ACTION - QUIET TITLE NOTICE TO PLEAD TO: Francis Worley, Jr. and Daniel T. Worley, and James M. Robinson, Esquire YOU ARE HEREBY NOTIFIED that you must responsively plead to the within Answer with Counterclaim to Plaintiffs Complaint, pursuant to Pa. R.C.P. 2252(d) within twenty (20) days after service, or a default judgment maybe entered against you. IRWIN & McKNIGHT By: Marcus Al McKnight, III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court ID. No. 25476 Attorney for Defendants Mary Worley Wolfe, Arthur S. Wolfe and Melvin S. Worley Date: October 26, 2005 FRANCIS WORLEY, JR. and, DANIEL T. WORLEY, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4789 CIVL TERM V. MARY WORLEY WOLFE and ARTHUR S. WOLFE, husband and wife, MELVIN S. WORLEY and unknown heirs, successors, assigns and all persons claiming right, title, or interest from or under I. D. WORLEY, deceased, DEFENDANTS CIVIL ACTION - QUIET TITLE ANSWER TO COMPLAINT WITH COUNTERCLAIM AND NOW, this 26th day of October, 2005, comes the defendants, Mary Worley Wolfe, Arthur S. Wolfe, and Melvin S. Worley, by their attorneys, Irwin & McKnight, and makes the following Answer to Complaint with Counterclaim to the Complaint of the plaintiffs: 1. The averments of fact contained in paragraph one (1) of the Complaint are admitted in part and denied in part. It is admitted that the Plaintiffs have a mailing address of 225 Latimore Valley Road, York Springs, Pennsylvania 17372. It is denied that they are sole owners of the land subject to this action. 2. The averments of fact contained in paragraph two (2) of the Complaint are admitted. 3. The averments of fact contained in paragraph three (3) of the Complaint are admitted. 2 4. The averments of fact contained in paragraph four (4) of the Complaint are admitted. 5. The averments of fact contained in paragraph five (5) of the Complaint are denied. On the contrary, there may be other ownership interests in the property by the Worley family in addition to the claims of the Plaintiffs. They are not the sole owners of the land. 6. The averments of fact contained in paragraph six (6) of the Complaint are admitted. 7. The averments of fact contained in paragraph seven (7) of the Complaint are admitted. 8. The averments of fact contained in paragraph eight (8) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are denied and proof thereof is demanded. 9. The averments of fact contained in paragraph nine (9) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are therefore denied and proof thereof is demanded. 3 10. The averments of fact contained in paragraph ten (10) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are therefore denied and proof thereof is demanded. 11. The averments of fact contained in the paragraphs eleven (11) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are therefore denied and proof thereof is demanded. 12. The averments of fact contained in the paragraph twelve (12) of the Complaint are beyond the knowledge and information of the Defendants. They are therefore denied and proof thereof is demanded. 13. The averments of fact contained in paragraph thirteen (13) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are therefore denied and proof thereof is demanded. 14. The averments of fact contained in paragraph fourteen (14) of the Complaint are admitted in part and denied in part. It is admitted that Mr. Worley prepared the deed. It is specifically denied that it conveyed exclusive title of the subject land to him. 15. The averments of fact contained in paragraph fifteen (15) of the Complaint are admitted. 16. The averments of fact contained in paragraph sixteen (16) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are therefore denied and proof thereof is demanded. 17. The averments of fact contained in paragraph seventeen (17) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are therefore denied and proof thereof is demanded. 18. The averments of fact contained in paragraph eighteen (18) of the Complaint are admitted. 19. The averments of fact contained in paragraph nineteen (19) of the Complaint are admitted. 20. The averments of fact contained in paragraph twenty (20) of the Complaint are admitted in part and denied in part. It is admitted that an Executors Deed was recorded. It is denied that the deed conveys exclusive legal title to the subject lands to the Plaintiffs. 21. The averments of fact contained in paragraph twenty-one (21) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are therefore denied and proof thereof is demanded. 22. The averments of fact contained in paragraph twenty-two (22) of the Complaint are denied. The Plaintiffs cannot confirm title to property they do not exclusively own. 23. The averments of fact contained in paragraph twenty-three (23) of the Complaint are beyond the knowledge and information of the Defendants. The allegations are therefore denied and proof thereof is demanded. 24. The averments of fact contained in paragraph twenty-four (24) of the Complaint are denied. The Plaintiffs know or should have known that there are interests in the subject real estate in addition to their own. The Defendants are heirs of I. D. Worley and therefore have an interest in the subject estate. 25. The averments of fact contained in paragraph twenty-five (25) of the Complaint are admitted. WHEREFORE, the Defendants seek dismissal of the Complaint or in the alternative a decree defining the ownership of the lands by the heirs of I. D. Worley. COUNTERCLAIM OF DEFENDANTS MARY WORLEY WOLF. ARTHUR S. WOLFE and MELVIN S. WORLEY AND NOW, this 26th day of October 2005, comes the Defendants, Mary Worley Wolfe, Arthur S. Wolfe, and Melvin S. Worley, by their attorneys, Irwin & McKnight, and makes the following Counterclaim to the Complaint of the plaintiffs', Francis Worley, Jr. and Daniel T. Worley: 26. The averments of fact contained in the answers to paragraphs one (1) through twenty-five (25) of the Complaint are incorporated herein be reference. 27. The Defendants, Melvin S. Worley, and Mary Worley Wolfe, brother and sister, are descendents of I. D. Worley and have an interest in the real estate subject to this litigation. 28. The Defendant, Arthur S. Wolfe, is the husband of Mary Worley Wolfe and has a marital interest in the subject property. 29. The Defendants seeks a decree setting forth the interests of the heirs of I. D. Worley in the real estate which is the subject of this litigation. 7 WHEREFORE, the Defendants seek a decree setting forth the interests of the parties in the subject real estate. By: Respectfully submitted, IRWIN & McKNIGHT Marcus A? 1`Ic ight, I Esquire 60 West Pomfret Street Carlisle, Pennsyly r i* -M 3 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for the defendant Mary Worley Wolfe, Arthur S. Wolfe, and Melvin S. Worley Date: October 26, 2005 FRANCIS WORLEY, JR. and, DANIEL T. WORLEY, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 054789 CIVL TERM V. MARY WORLEY WOLFE and ARTHUR S. WOLFE, husband and wife, MELVIN S. WORLEY and CIVIL ACTION - QUIET TITLE unknown heirs, successors, assigns and all persons claiming right, title, or interest from or under I. D. WORLEY, deceased, DEFENDANTS CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: James M. Robinson, Esq. TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus *. M fight, Esquire 60 West Po fret Street Carlisle, P 17013 (717) 249-23 Supreme Court I.D. No. 25476 Date: October 26, 2005 -a ?.? .? Francis Worley, Jr. and Daniel T. Worley Plaintiffs V. Mary Worley Wolfe and Arthur S. Wolfe,: Husband and Wife, Melvin S. Worley and Unknown Heirs, successors, assigns & all persons claiming right, title, or interest fromor under I.D. Worley, deceased Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4789 CIVIL TERM CIVIL ACTION - QUIET TITLE ANSWER TO COUNTERCLAIM OF DEFENDANTS AND NOW COME the Plaintiffs, Francis Worley, Jr. and Daniel T. Worley by and through their attorneys, TURO LAW OFFICES and bring forth this Answer to Counterclaim of Defendants, Mary Worley Wolfe, Arthur S. Wolfe, and Melvin S. Worley: 26. No answer required. 27. Admitted in part and denied in part. It is admitted that Defendants Melvin S. Worley and Mary Worley Wolfe are brother and sister and that both are descendants of I. D. Worley. It is denied that they have an interest in the real estate. Both Melvin S. Worley and Mary Worley Wolfe were informed of the possible interest in this property by a third party and indicated that they had no interest in it. Afterwards, when contacted by the same third party, Francis Worley, Sr., the Plaintiffs father, had the property researched, posted the property, paid delinquent and current taxes on the property and recorded a deed taking title to the property. Upon his death, Francis Worley, Sr.'s executor posted notice in the usual course and paid inheritance tax on the value of this property. Again the Defendants showed no interest in the property. Their actions effectively constitute a renunciation. With regard to Defendant Melvin S. Worley, if his interest in the property passed through the estate of Chester B. Worley, his father, then his interest was extinguished by an Order of Court issued by the Court of Common Pleas of Adams County, Pennsylvania, relative to the estate. 28. Admitted in part and denied in part. It is admitted that Defendants Arthur S. Wolfe and Mary Worley Wolfe are husband and wife. It is denied that Arthur S. Wolfe has a marital interest in the subject property. 29. No answer required. WHEREFORE, Plaintiffs, Francis Worley, Jr. and Daniel T. Worley, request this Honorable Court deny the Counterclaim of Defendants and enter a Decree confirming the Plaintiffs' title to the described tract, absolutely. Date Respectfully submitted, 40 es M. Rob' son, Esquire TJORO LAW FICES 28 S. Pitt Str et Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs Francis Worley, Jr. and Daniel T. Worley Plaintiffs V. Mary Worley Wolfe and Arthur S. Wolfe,: Husband and Wife, Melvin S. Worley and Unknown Heirs, successors, assigns & all persons claiming right, title, or interest fromor under I.D. Worley, deceased Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-4789 CIVIL TERM CIVIL ACTION - QUIET TITLE CERTIFICATE OF SERVICE I, James M. Robinson, Esquire, hereby certify that I served a true and correct copy of the Answer to Counterclaim of Defendants, by depositing same in the United States Mail, First Class, postage pre-paid on the 15th day of December, 2005, from Carlisle, Pennsylvania, addressed as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 TURO LAW OFFICES ;'J mes M. Robinson, Esquire ?. 8 South Pift Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 FRANCIS WORLEY, JR. and DANIEL T. WORLEY Plaintiffs V. MARY WORLEY WOLFE and ARTHUR S. WOLFE, Husband and Wife, MELVIN S. WORLEY and Unknown Heirs,: successors, assign and all persons claiming right, title, or interest from or under I.D. Worley, deceased ; Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4789 CIVIL TERM CIVIL ACTION - QUIET TITLE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiffs in the above-captioned action. Date: 1jj, 6 -of Ri hard P. Mislitsky, Esquire Supreme Court No. 28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 (717) 241-6363 ?? i" `"S"3 is ?? 'W'?' vim, ? : c.:.r `? -. --?: «i Francis Worley Jr and -leie1 T. Wort vs Case No. 05-4709 Wolfe and Worley et al. Statement of Intention to Proceed To the Court: Francis Worley Jr and Daniel T Wnr 1 P)z intends to p A c ed with the above captioned matter. Print NameRicharrl Mi sl i i gJC_y Es4ignName Date: 10_6_0d1_ Attomeyfor Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. J ...-j l< FRANCIS WORLEY, JR. & DANIEL T. WORLEY, Plaintiffs vs MARY WORLEY WOLFE, ARTHUR S. WOLFE & MELVIN S. WORLEY, Defendants Case No. 2005-4789 CIVIL TERM Statement of Intention to Proceed To the Court: FRANCIS WORLEY$ JR. & DANIEL T. WORLEY Print Name MARCUS A. McKNIGHT, III Date: OCTOBER 27, 2008 intends to proceed with the above captioned matter. Sign Name -?V4 ['\ I - U Attorney for PLAINTIFFS Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue, a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ?_: ? ,? ? ? ? ?'?'? 2 . ?t l; .,. .. ? .. j.... ?y,,, t. „ ? ? 4.f '+ .f ` , '' ?? _-' "+? '^ tie Francis Worley & David Worley vs Case No. 7n05 -47R9 Mary Worley Wolf and Arthur S. Wolf and unknown heirs Statement of Intention to Proceed To the Court: The Plaintiff C7 T, cm 'Lt3r Z W CD rTt r— Z--t ern -r- cn ZQ intends to proceed •-ith the abo jcaptiongd attet• Print Name Marcus A. McKnight, III Sign Name Date: October 21, 2014 Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty -day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty -day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.