HomeMy WebLinkAbout06-1796THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. (' (? - / ?/ 9 l t v L
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
NOTICE
You have been sued in court. If you wish to defend yourself 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
TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
SCHRACK &
LINSENBACH
?sw 1>1,,.,
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.
MID-PENN LEGAL SERVICES
8 Irvine Row
Carlisle, Pennsylvania 17013
Telephone: (717) 243-9400
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO.
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
NOTICIA
Le Han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier quej a o alivio que es pedido en la peticion
de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
SCHRACK &
LINSENBACH
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. nL, - /' 19?„ ? v i L -7?
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
COMPLAINT
SCHRACK &
LINSENBACH
AND NOW, this c? p day of r({? <r-<- / 2006, comes the Plaintiffs,
THOMAS J. HARTUNG and CLARA M. HARTUNG, by and through their attorney, Brian C.
Linsenbach, and files this Complaint and avers the following:
1. The Plaintiffs, Thomas J. Hartung and Clara M. Hartung are adult individuals
currently residing at 826 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant, Michael L. Mahar, is an adult individual believed to be residing at
822 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. The Defendant, Michael L. Mahar is the owner of record for the property located at
822 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is Lot No. 28 in the
Deimler Manor subdivision.
4. The said Plaintiffs above are owners of Lot No. 30 in the Deimler Manor subdivision
located in Hampden Township, Cumberland County, Pennsylvania which subdivision plan is
recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 33, at Page 10
and dated August 5, 1977. ("Subdivision Plan")
5. The Subdivision Plan contained a note or a reference on Lot No. 30 that it stated
simply "Recreation Area". The Recreation Area was not listed or referenced as an easement on the
Subdivision Plan.
6. It is believed that during the planning process, Lot No. 30 was discussed as possibly
being set aside as a recreation area.
The designation of a recreation area was never a condition of the subdivision plan.
8. The plan was approved without the condition that Lot No. 30 be designated as a
recreation area.
Lot No. 30 was never set aside by the developer as a recreation area.
10. The developer and his engineer failed to remove the words "Recreation Area" off of
Lot No. 30 on the plan before filing.
11. The developer never transferred Lot No. 30 to a Homeowners Association.
12. The developer never transferred Lot No, 30 to the Township.
13. There is no public record of any transfer of Lot No. 30 to any type of homeowners
association or to the Township.
14. A Tax Claim Bureau deed, dated January 26, 2001, in which ownership was
transferred via a tax sale to Thomas J. Hartung and Clara M. Hartung, described the subject area as
being designated a "Recreation Area" on the subdivision plan. The Tax Claim Bureau deed also
made no mention of any restrictions on the subject area. A copy of the Tax Claim Bureau deed is
attached hereto as Exhibit "A" and made a part hereof.
15. After acquiring Lot No. 30, the said Plaintiffs did attempt to have Defendant agree
to a termination of the easement, if said area is considered such. A copy of this attempt, through
letter correspondence sent by the Plaintiffs' attorney, Jane M. Alexander, Esquire, is attached hereto
as Exhibit "B" and made a part hereof.
16. All other interested and affected parties have agreed to a termination of the easement
in regard to the said "Recreation Area", which Agreement is dated April 1, 2003, and recorded in
the Office of the Recorder of Deeds of Cumberland County in Book 723 at Page 616. A copy of the
Agreement is attached hereto as Exhibit "C" and made a part hereof.
17. It has been averred by Hampden Township, through their letter correspondence of
January 28, 2003, that the "Recreation Area" was not dedicated to the Township for its use nor will
the Township seek future dedication. Further, the Township has no objection to the said land's use
by the legal owners, the Plaintiffs herein. A copy of said averment is attached hereto as Exhibit "D"
and made a part hereof.
others.
SCHRACK &
LINSEN$ACH
18. Plaintiffs have maintained Lot No. 30 as their own property to the exclusion of all
19. Plaintiffs have paid all the property taxes for Lot No. 30.
20. Other than Plaintiffs, no person or entity has maintained or used the property.
WHEREFORE, Plaintiff prays your Honorable Court to enter a decree terminating any
possible rights in which the Defendant, his heirs or assigns may have or have had regarding the use
of this lot as a recreation area, and further decree that the Defendant, his heirs and assigns be
perpetually enjoined from setting up any title from said premises, for impeaching, denying or in any
way attaching the Plaintiffs' title to said property, from issuing or maintaining an ejectment action
for said premises, and/or from encumbering, mortgaging or conveyance of the same or any part
thereof, Furthermore, the Plaintiff s pray your Honorable Court to declare that title to said premises
shall be quieted and confirmed that the title to said premises is in the Plaintiffs and the Plaintiffs
alone, and further that the Plaintiffs be allowed to enjoy said property without interference from the
Defendant, his heirs or assigns or any other persons.
Respectfully submitted:
SCHRACK & LINSENBA LAW OFFICES
By:
BRIAN C. LINSENBACH, ESQUIRE
1. D. No. (87360)
Attorney for Plaintiffs
124 West Harrisburg Street, P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
SCHRACK &
LINSENBACH
THOMAS J. HARTUNG and
CLARA M. HARTUNG,
Plaintiff
MICHAEL L. MAHAR
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
ACTION TO QUIET TITLE
VERIFICATION
We, THOMAS J. HARTUNG and CLARA M. HARTUNG, the Plaintiffs herein, verify
that the facts set forth in this Complaint are true and correct to the best of our knowledge,
information, and belief. This verification is made subject to the penalties of Section 4904 of the
Crimes Code (18 Pa. C.S. §4904) relating to unsworn falsification to authorities.
THOMAS J. RTUNG
Date: e76;,
J?
V?
'CLARA M.HARTUNG-
SCHRACK &
LINSENRACH
NOV.19 2002 12,63PM? H&W?OFfICE_SYC.
NO, 153 71' 1 3 r;
ROBERT P. ZIEGLER
JUDICIALSALE RECORDER OF DEEDS
((?? (? i ?{t UMBD COUNTY-PA
V \'1 Lli t urlvttu erg Pfd 3 b'i
3Gf?
V1?if8 ?E821 Made this ...........26th .................. day of ...... +(gRlIRSY......... ........ ..
between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee,
GRANTOR, and ......xbamas..J...and..Clpra H,..Nar.tAng..at..Hampden..Rv)rnabip ......................
....__ .....................9nmbAF.IARd..Reo9Hky............................................__.__. ..... Grantee
pitneSBe(hr that in consideration of E....7.5.Q..Q.Q.-....... in hand paid, receipt whereof is
hereby acknowledged, the said Grantor does hereby grant and convey wild the said Grantee, .-Lheir..
heirs and assigns, the certain premises situate in ..... ........ .Hampden ....Toamahip.................. ............... .......
Cumberland County, Pennsylvania, asr follows:
Owner or reputed owner as returned to said Bureau
See Appendix "A' for Legal Description
South Carteret Service Corporation
C/o Federal Deposit Insurance Corporation
1910 Pacific Avenue #1400
Dallas, TX 75201
the same having been sold by the Tax Claim Bureau to the said grantee, on the ......8th day
of .........,July .. ............................. Anno Domini two thousand slid ...aoa..........................
after due advertisement according to law, the period of redemption for the payment of tax claims
having expired without the property having been redeemed, or any tax judgements heretofore having
been entered against the described properly having not been satisfied, or no agreement to stay the sale
of the within described property having been entered into, or the within described teal estate no longer
remaining in possession of a sequestramr, by Judicial Sale.
under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
?Prt Oiftteriss 04ergaf, said Grantor has hereunto caused this Deed to be executed by it,
Director the day and year first above written.
TAX CLAIM BUREAU OF
Signed, Sealed and Delivered CUMBERLAND COUNTY, PENNSYLVANIA,
in file presence of; TRUSTEE
.............. ...._........................................... ............................... By ... ........... .....K,............. .. (SEAL) _
Director
CUDIMONIVLALTH OF YLNNSYLVANIA )
}aa:
COUNTY OF CC31If lik LAND )
q r /a 11
On this, the ...............a5.. ......................... day of ...?M4LkQ-r. .... ........, 20.0.1
before me. the Prothonotary of the County of Cumberland, the uwdeAgned officer, personally appeared
__..........d.9:5A.4.,1n-114i.4SY.......... ................._ ............. Director of the Tax Claim Bureau of the County of
Cumberland. ?gmPtomvealth of Pennsylvania, known to me to be the person described in the foregoing
list rum yat,an Vt hf ks,nledged that he executed the same in the capacity therein stated and for the pur-
pose?sT?ryp`st, r??^^1le7l •A ,'
^?. 1 i CEpfs I have hereunto y?hd nd cial seat.
to S.
axtiidraahl?JC ; -.
#? : '%hi??.' ................
pl)ODMgpfgfy. ... ....._.....__......
ISL6itUB HmAfD'rf1B1C
CfgRFTf CtlUfl+fldlSE.
couQiS?e{? .?„ NIwI 7,fD2.' tl'rilftralr of aeaibrnre
-4 38 PAGi 461
precise residence of the grantee herein is as follows:.......,...
areungi•826 Anthony Drive, Hachanicsbura. PA 17
_._77 ._..........._ ............................,?. _,. _.._ ._...........
EXHIBIT "A" Stephen D. Tiley
Cumberland County, Assistam Solicitor
ROBERT F. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY-PA
'01 AN 26 PIA 3 19
APPENDIX A
Parcel number 10-17-1037-001
LEGAL
ALL THAT CERTAIN parcel of land situate in Hampden Township,
Cumberland County, Pennsylvania bounded" and described according to
a Final Plan Number 2, Part of Section II, Deimler Manor,. recorded in
Plan Book 33, page 10, as follows to wit:
BEGINNING at a point in the center line of Beech Run Lane (50 feet wide)
at the southwesterly comer of other lands, now or formerly of Normandy
Manor and Central Service Corp., a joint venture; thence extending along
the aforementioned lands North 84 degrees 27 minutes 40 seconds East
655.99 feet to the northwesterly corner of Lot No. 21 on the above
mentioned plan; thence extending along said lot South 31 degrees 34
minutes 39 seconds East, 111.3 feet to a corner of Lot No. 27 on the
above mentioned Plan; thence extending along the rear of Lot Nos. 27,
28 and 29 South 84 degrees 27 minutes 40 seconds West, 436.59 feet to
a point being the northeasterly corner of Lot No. 30 on the above
captioned Plan; thence extending along the rear of Lot No. 30 South 52
degrees 19 minutes West 250.38 feet to a point in the center of Beech
Run Lane; thence extending along the center line of Beech Run Lane on
the are of a circle curving to the left and having a radius of 525.1 feet,
the are distance of 169.34 feet to a point of tangent; thence continuing
along said center line North 25 degrees 34 minutes 47 seconds West
71.76 feet to the first mentioned point and place of BEGINNING.
BEING designated as Recreation Area on the above captioned Plan and
containing 1.868 acres, more or less.
BEING part of the same premises which Hampden Square Limited
Partnership, a Pennsylvania limited partnership granted and conveyed
to South Central Service Corporation, a Pennsylvania corporation by
deed dated May 8, 1991 and recorded in deed book 35C, page 796 in the
Cumberland County Recorder of Deeds Office.
_ pp Spy. a.' 3'
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ATT?O/R N FY AT LAw
148 SOUTH BALTIMORE STREET
P. 0. Box 421
DILLSBURG, PENNSYLVANIA 17019-0421
(717) 432-4514
FAX (717) 502-1087
E- Mail 7 j me lexander1480earth link.net
April 26, 2004
Mr. Micheal L. Mahar
822 Anthony Drive
Mechanicsburg, PA 17050
Dear Mr. Mahar,
In January 2001, Thomas Hartung and his wife, Clara M. Hartung purchased the tract
of land adjacent to the building lots on the plan of Deimler Manor which was designated on
the plan as "Recreation Area".
The Hartung's, whose residence abuts the area, purchased the land to prevent the
property from being used for any purpose that would diminish the value of adjacent properties.
On their behalf I contacted Hampton Township and under date of January 28, 2003
they gave a letter stating they would not pursue dedication. See copy enclosed.
All property owners in the area except you and another party have signed the
agreement. About six weeks ago I stopped at your home hoping to be able to discuss the
situation with you but, you were not at home.
The Hartung's would like to get this matter brought to a close. If you would like to
discuss the situation with me, please call, and I will be glad to meet with you either I will be
glad to meet with you either at your home or my office.
Please advise of your position regarding signing the document on or before May 10,
2004. If you do not contact me by that date I will presume you will not sign and I will then
file a Petition with the Court of Common Pleas to vacate the easement based on the fact that
all residents except you and the other party have agreed to the termination.
EXHIBIT "B"
Micheal L. Mahar
April 26, 2004
Page 2
Looking forward to your response.
JMA/js
cc. Thomas Hartung
C, C
La05 CEC 7 Af i Ii 32
AGREEMENT TO TERMINATE EASEMENT
This Agreement, made this day of x 2003
by the undersigned parties being the owner(s) of the lot indicate by my (our) name(s) said lot
being situate in the Township of Hampden, Cumberland County, Pennsylvania and being one of
the lots in Final Plan Number I of Deimler Manor, said plan being recorded in the office of the
Recorder of Deeds of Cumberland County in Plan Book 23, page 122 or in the Final Plan
Number 2, Part of Section II of Deimleanor, said Plan being recorded in the Office of the
Recorder of Deeds of Cumberland County in Plan Book 33, Page 10, hereinafter "Lot Owner(s)"
and Thomas J. Hartung and Clara M. Hartung, owners of a 1.868 acres, more or less, tract of land
in said Deimler Manor designated as "Recreation Area," hereinafter, "Hartungs."
Recitals
WHEREAS, the undersigned "Lot Owner(s)" is (are) the owner(s) of a lot conveyed out
of the tract of real estate known as Plan No. 1 Deimler Manor, recorded in Plan Book 25, page
122 or Plan Number 2, Section II, Deimler Manor, recorded in Plan Book 33, page 10-1 and
WHEREAS, the said 1.868 acre tract of land is owned in fee simple by "Hartungs"
acquired by deed dated January 26, 2001 and recorded in the office of the Recorder of Deeds of
Cumberland County, Pennsylvania in Record Book 238, page 461, a copy of said deed marked
Exhibit "A" is attached hereto and made a part hereof, and
WHEREAS, there is a designation of "Recreation Area" on the said 1.868 acre tract
owned by "Hartungs" on the said subdivision plan creating an implication that an easement was
granted for the benefit of property owners in Final Plan Number 1 or Final Plan Number 2, part
of Section II of Deimler Manor; and
WHEREAS, the implied easement has not materialized and the area has never been used
for recreation; and
WHEREAS, the Township of Hampden has not accepted and/or maintained said tract on
behalf of the Township and has no intention to seek dedication in the future as confirmed by their
BOOM, 723 PACE 616
EXHIBIT "C"
letter dated January 28, 2003, a copy of which marked "Exhibit B" is attached hereto and made a
part hereof; and
NOW THEREFORE, the parties hereto, for and in consideration of the sum of $1.00
and other good and valuable considerations and intending to be legally bound hereby, promise,
declare, and agree as follows:
1. The undersigned Lot Owner(s) certifies and represents that they are the owners
of the lot together with the improvements thereon erected, if any, the number of said lot being
noted on the lines below his/her/their signature(s).
2. The undersigned Lot Owner(s) agree(s) that the designation of the said 1.868
acre tract of land as "Recreation Area" as shown on Final Plan No. 2 of Deimler Manor recorded
in Plan Book 33, page 10, which is incorporated herein by reference, shall hereby be terminated
and be of no force and effect.
3. The undersigned Lot Owner(s) by these presents has (have) abandoned,
released, and discharged, and by these presents do(es) hereby abandon, release, and discharge all
that certain implied easement granted to him (her) (them), in the said 1.868 acre tract of land as
recorded in Plan Book 33, page 10.
4. This agreement shall run with the land and be binding upon the parties hereto,
their heirs, executors, successors, and assigns.
IN WITNESS WHEREOF, the said parties hereto, intending to be legally bound hereby,
have hereunto set their hands and seals the day and year above-written.
Witness: Lot No. 001 Deimler Manor -
(Seal) J
Thomas J. HarturT
a ;rr (Seal)-
Clara M. Hartung a
address: 826 Anthony Drive
Mechanicsburg, PA 17050
nox 723 PAGE 617
003 Deimler Manor
WFW
rVelo Oclf-,HA
?amaB. SaWYLT*
address: 3616 Beech Run Lane
Mechanicsburg, PA 17050
+ Lot Vo. 004 Deimler k4anor
t Jc w?•?
Seal)
Seal)
(Seal)'i
Gary B. Gkuse
MILL, (Seal)v
J' . Gouse
d ess: 3614 Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 005 Deimler Manor
&X a,/`?mz (Seal),/
Maximillian Osipovr
1
/ (Seal)?
J .Osipo
address: 3612 Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 006 De' er Manor
4 (Seal)`!
Jo F. onville
(Seal) J
aren A. Conville
address: 3610 Beech Run Lane
Mechanicsburg, PA 17050
BOOM 723 PACE 618
f
Mechanicsburg, PA 17050
Lott No. 008 Deimler Manor
( ( ? (Seal)''
Anne S. Annab
/o YFo l I/1 (Seal),/
J ar . Annab
address: 3606 Beech Run Lane
Mechanicsburg, PA 17050
Lot N . 009 Deimler Manor
r? (Seal
Ro ert A. Kertulis
1z' O (Seal)-/
Trudie A. Kertulis
address: 3604 Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 010 Deimler Manor
tNo tvwGf7Z OV bE?- (Seal)
Chaves E. Cunningham
?% j (Seal)/
Grace L. Cunningham
address: 3602 Beech R Lane
Mechanicsburg, PA 17050
BOOM 723 SAGE 619
r,&n i L - ja-- _ (Seal)-/
Carolyn L. Moyer U
address: 3608 Beech Run Lane
Lot No. ( Deimler Manor
J d c / . Si.1 &4 -e.1- (Seal)
(Seal)
flZ A'e-A17 4- PIC
/address:
Mechanicsburg, PA 17050
Lot No 03 Deimler Manor
Lot No.U 58 Deimler Manor
d,-O? 4 - a ??w (Sealj(
// 6 y& (Sealy
4- GX P'? LL
address: k0 a iC'ENT DAP r 4i
Mechanicsburg, PA 17050
Lot No.
f
?, / G,/u:WLyr Yf?LCfFVOU//H
(Seal) f
address: Y15- A?CIV )MT?C-
Mechanicsburg, PA 17050
BOY 723 PAC[ 620
Mechanicsburg, PA 17050
F 11
ti
Lot No. \ Deimler Manor
Stephen J.
V i f / (Seal)
Shazon E. 'zaz
addre 3610 Be ch Run Lane
/ Mechanic urg, PA 17050
Lot No. 069 Deimler Manor
- 1 (Seal)/
Gtego
yV Zo b
7
(
---
?? £?- (Seal
Carolyn R. oerb
address: 3700 Beech Run Lane
Mechanicsburg, PA 17050
Lo No. 068 Dei r Manor
(Seal)/
even E. Price
address: 803 Kent Drive
Mechanicsburg, PA 17050
Lot P. r M or
ap {
.J /
Earl W. McC eerey, Sr.
Boax 723 PAGE 621
address: 370X Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 011 Deimler Manor
?b--t. IN C a m/A c . (Seal)/
Delores McCleerey
address: 804 Kent Drive
Mechanicsburg, PA 17050
Lot N97012 eimler Man?o?r?
(Seal)s/'
4 avid M. Liddick
CQ' v? `M. i -(Seat),/
Carolyn M. Liddick
address: 805 Kent Drive
Mechanicsburg, PA 17050
Lot No. 060 Deimler Manor
0 (Seal)/
S Vasudev C. Patel
V. Px7Iqet (Sealy
Kokila V. Patel
address: 8015Kent Drive
Mechanicsburg, PA 17050
Lot o 061 Deiml anor
(Seal),/
Robert N. Gr t, r.
? .. _ A (Seal))
PauWo Gr t
address: 808 Kent Drive
Mechanicsburg, PA 17050
Lot No. 0055 Deimler Manor
k ?' li f? Seal)-J
Steven A. Barbaretta
BOOK 723 PAGE 622
+ IVj.44 (Sea])?
Amy S. H 5rlig
address: 22 Beech Run
Mechanicsburg, PA 17050
Lot No. 056 Deimler Manor
(Seal
Douglas E. all
hoqav/4 ?p ,CJ f( ( (Seal)/
Betty G. Hall
address: 3524 Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 057 Deimler Manor
(Seal).,-
David J. Avei
(Sear/
Juli . Avery
address: 3526 Beech Run Lane
Mechanicsburg, PA 17050
Lot
address: 810 Kent Drive
Mechanicsburg, PA 17050
Lot No. 014 Deimler Manor
91-tt w &,, (Seal)./
Richard L. Rein
Susan A. Rein
address: 811 Kent Drive
BOOK 723 PAGE 623 Mechanicsburg, PA 17050
Lot No. 063 eimler Manor
,
>n ?? fc (Ses
Davr ,: r?54N RSir-3?y°??r
address: 812 Kent Drive
Mechanicsburg, PA 17050
Lot No. 015 Deimler
2" Y-
M D. Smith
-? f ; h n „
Tommy S. SIjith
813 Kent`Bfive
Mechanicsburg, PA 17050
Lot NonQ64 Deimler Manor V/
Thomas D.
Brenda D. Kimmett
address: 814 Kent
PA 17050
Lot No. Q16 Deimler Manor
address: 815 Kent D&e
Mechanicsburg, PA 17050
F`
Lot No. 065 Deim r Manor
4'
(Seal),/
M. all
BOOK '723 ACE 62 4
?x s (!rio (Seal) ?
Vickie L. Gallas
address: 816 Kent Drive
Mechanicsburg, PA 17050
Lot No. 017 Deimler Manor
(Sear
enneth Lan/tear
Q . Rd? 4 x (Seal)/
Emily A. L caster
address: 817 Kent Drive
Mechanicsburg, PA 17050
Lot
JV 111. J6J
X77 jt_" ' (Seal)v
Teresa J. Sasa
address: 818 Kent Drive
Mechanicsburg, PA 17050
Lot No. 018 Deimler Manor
3
Lot No. 019 D,e/imleerr Manor
?w P'4 (Seal)?
??`: James H. Olson
BOON 723 PACE 625
Mechanicsburg, PA 17050
G????/ ???i7i (Seal) ?
Mane L. Olson
address: 821 Kent Drive
Mechanicsburg, PA 17050
Lot No. 067 Deimler Manor
?t G ? ? (Seal)\/
Frank M. Kindler
e t/hcl? 4AtZt?(? (Seal)
Carmella Kindler
address: 900 Kent Drive
Mechanicsburg, PA 17050
Lot No. 020 Deimler Manor
1" 4 a (Seal) V
Garry ugan
Uil/LLt (Seal),/
Vivian E. Jugan
address: 901 Kent Drive
Mechanicsburg, PA 17050
Lot No. 021 Deimler Manor
(Seal),/
Saleh A. Malik
Sarnia K. Malik
address: 903 Kent Drive
Mechanicsburg, PA 17050
Lot No. imler Il?anor
4
?G (Seal) ?
Kevin Doyle
BOOM 723 PACE 626
(Seal)V
Clau is Doyle
address: 809 Anthony Drive
Mechanicsburg, PA 17050
Lo . 022 Deimler Manor
-Nr° (Seal) wf
David R. Getz
0 _ (Seal) ?
4- Yvo e M. Getz
addr ss: 810 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 046 Deimler Manor
xPlIel 4 Aw!"r (Seal) ?
Harold A. Winters
x C-rL i. A (Seal) L
Ellen J. inters
address: 811 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 023 Deimler Manor
1=1)C.WL rr - (Seal),/
y Michael G. Watson
i
tJ t'?-J (Seal),/
een R. Watson
address: 812 Anthony Drive
Mechanicsburg, PA 17050
BOUT 773) PAC
V
(Seal),/
Kristen L. Georgianna
address: 813 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 024 Deimler Man r
(Seal)/
ohn R. Ra
7" , 0(+ nd
(Seal
El en M. Raymo
address: 814 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 044 Deimlet Manor
-(Seal) v
Thomas J. Lup -?
I. dl '.1 (Seal)v
lane W. Lupia
address: 815 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 025 Deiinler Manor
G ? of{/?? (Sear
Dwwig I L. Billman
U/ ?? /l• ?', ice- ,_ (Sear
Julia A. Billman
address: 816 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 043 Deimler Manor
Alfred AV. Jacob r.
BOOK 723 PACE 628
y (Seal),
Patricia S. Jacobs
address: 817 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 026 Deimler Manor
r k?(Seal),/
Roland R. Tesno
Q/{ (Seal)./
Anna M. Tesno
address: 818 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 027 Deimler Manor
Roy L. Cross
address: 820 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 02$ Deimler
Michael LZham r
address: nth y Drive
csb rg, PA 17050
Lot No. 042 Deimleerr Manor
- S? cr 4? (Seal)/
- - -- Susan D. Z la + o ? (g Q
address. OGS tilnlluny D11Ve
Mechanicsburg, PA 17050
Lot N 0229 Deimler M ox
CY ? ,
(Seal)/
(arles W. Kocher
Boa 723 PACE G29
,Ci<Ct'zxt, ? Seal)?/
(
Madeline S. Kocher
address: 824 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 030 Deimler Manor
(Seal) f
Thomas J. H T-c?-
X' ten, _ (Seal)`/
Clara M. Hartung
address: 826 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 054 Deimler Manor
(Seal),/
Claytt D. ' der
_/(Seal),/
Dana G. Snyder
address: 827 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 031 Deiml or
fr'>1 1 .- (Seal),/
R
C'
Mildred G. Stevens
address: 828 Anthony Drive
Mechanicsburg, PA 17050
j.
Lot No. 032 Deimler Manor
{ ?c2 ?/ t? - ,(/Seal);,
address: 830 Anthony Drive
Mechanicsburg, PA 17050
BOOK 723 PACE E;30 ??7 ?? L. Tsy/ Np U7.?
No. 053 DeHriler Manor
(Seal/
Marcia M. Drew
address: 831 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 033 Deimler Manor
(Seal) ?
z (Seal)/
/ ,,f/c' L. T..7/,, Nt ?z
address: 832 Anthony Drive
Mechanicsburg, PA 17050
Mechanicsburg, PA 17050
Lot No. 034 Deimler Manor
?..? 2 1) &1'1? Q , (Seal)?
Jo J. Arcuii, Jr. C/
r1
M Patricia Aryeuri
address: 834 Anthony Drive
Mechanicsburg, PA 17050
BOOK 723 PACE 631
address: 833 Anthony Drive
Lot No. Dei?ler Manor
_ (Seal),/
Joseph Y. ent
Ltd (Seal) ?
Cecelia J. Ken
address: 836 Anthony Drive
,/
Lot No.0?049Deimler Manor
Me R. Strait, Jr.
BOOK 723 PAu 632
address: 835 Anthony Drive
Mechanicsburg, PA 17050
address: 837 Anthony Drive
Mechanicsburg, PA 17050
address: 838 Anthony Drive
Mechanicsburg, PA 17050
r n 7J7. 4? . (Seal)?
-^ Kathryn ?l. Strait
address: 839 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 037 Deimler Manor
^(Seal??
lDr. Michael M. Ry
(Seal /
o . Guziec
address: 840 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 038 Deimler Manor
(Seal)v"
John] Pearah
(Seal)
Jarka Pearah
iZi51 -(mil)
address: 842 Anthony Drive
Mechanicsburg, PA 17050
,(
l . Robert J. Wo
_h?6? C&- (Seal)?
Dorothy S. ser
address:
P. O. Box 232
Mechanicsburg, PA 17050
Boor, 723 PnE 633
Lot No. 048 Deimler Manor
(Seal)L/
Mark B. lessner
Susan M. Gl ssner
address: 845 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 040 Deimler Manor
d lr_A?w (Seal)
Ray Clark
Q iC (Seal) ?
Helen A. Clark
address: 846 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 041 Deimler Manor
?) ?-
Dean G. Mantis, III
Seal)
?h M o ( ?
ssica M. Mantis
address: 848 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 013 Deimler Manor
Qc (Seal)?
oQ. Fassano?
42 ?!1 .P.? (Sealy
Janet L. Fassano
address: 3601 Anthony Drive
Mechanicsburg, PA 17050
BOOK 723 PAGE 634
4v? west
w i fivaf's
Lot No. I?Al- Deimler Manor
1'? (Sear/
`: ?? Ttin?? (Seal)/
NQ, i L. 2r=as
address:
Mechanicsburg, PA 17050
Lot No. Deimler Manor
address:
Mechanicsburg, PA 17050
Lot No. Deimler Manor
address:
Mechanicsburg, PA 17050
Lot No. Deimler Manor
address:
Mechanicsburg, PA 17050
Boa 723 PACE 635
(aD
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
SS.
On this, the // day of 2005, before me, a Notary Public, the
undersigned officer, personally appeared THOMAS J. HARTUNG and CLARA M. HARTUNG,
husband and wife, known to me (or satisfactorily proven) to be the persons whose names are
subscribed to the within instrument, and acknowledged that they executed the same for the purpose
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
" ?? 5° -
NOT PUBLIC
NdarW seal
Bdan C. Unsenbach, Notary Pubic
Dils M Born, York County
W Cmmiss, E)Ow Mar.11, 2007
Member, 2=ermslMaria Aswcbgon ? Ico?r. c
Bo !23 mu 636
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of I'Y4'r 2003 before me, the undersigned
r vNd-
officer, personally appeared ArAezAL 1-epd S;44411.4. mIZ.LZX - TWME.4 . /?JS?e1Kv
nn „Fa v° a C7- VV4 ?c s A sfi3? <, Xz-= vN - N/fy kE C1JJ??.6o yLF
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seat the day and aforesai .
Notary ublic le?r
My Commission Expires: NU'nn" -
RAYMOND J. RESTAGNC
Hampden Township, Corr
My Commission ExplrIX
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of ?1Ji1 Y 2003 before me, the undersigned
officer, personally appeared 23-vF® 7 Aeo-PyT ?i/Li E f?- /fty?y
Y Y o r??E ry1. G? rz -
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seat the day and =af d.
Notary Public
My Commission Expires:
BOOK 723 PAGE 63'7
NOTARIAL. SEAL '5
5t'-
D J. RESTMaNO, Notary P016
Township, Cumbodand Cu ;ty ,; sv
emission Expires Nov 6 2J03
a
1.' 4??T? IGGYR
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
. On this, the ( K day of M k J , 2003 before me, the undersigned
officer, personally appeared 4- &,EX? rS??44-
?D/fiver WAs/ Or u rtEy S u-,gmsz R ., epheazr u?ernt?8
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 41--'L l`'j-
On this, the ( q 4" day of M k i , 2003 before me, the undersigned
officer, personally appeared ?a,jqx m;u z 4,z a,, 'o T 124 10- Dil Fogel
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and XeAr aforesaid. j4L- ? , , n
My Commission Expires: AAYlAOPlD J. RfSTAESPG "'Z?
,GA?OMohry•P?lte
KmvAn TomshlP, CumberlamS
Comm1ssion Fxpices Noe 8; 2Q0?:,
BOOK 72a ma 638 My
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF""`'`'
On this, the ?/ • day of X 2003 before me, the undersigned
officer, personally appeared j-,1114-5 j /, ?g ur L AAW10
1-/3 t?v? D ?? A?Ir t
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day andJ *ar aforesaid.
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
D J. RESTAGNO
Township, Cum
'olssion Expires
COUNTY OF
On this, the "'A day of 0y 2003 before me, the undersigned
officer, personally appeared yp sy T. ,PSG` ? re 14 ,a
MA &ZX r-, ,T.dL if/JR 1
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
tary Public
My Commission Expires: ND7,aRIAt S?
RAYMOND J, RESTAGNO, Noll, aq p,prc
Hampden Towruhip,CumberlandCfruBk ;"•;;'
My Commission Explres Noe. 8; 20D3 At`;
BOOK 123 PAGE 639
WITNESS my hand and notary seal the day and y aforesai
No
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Lst"?
On this, the day of /Jh/LX 2003 before me, the undersigned
officer, personally appeared G?ErcitrN oOTc
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
aforesaid.
My Commission Expires:
NOTARIAL SEAL-,-7.
RAYMOND J. RESTAGNO, Notary Pt
Hampden Township, Cumberland Cc
My Cornmissi0n Expires Nov. a. 2(
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C - ??i`~Z
On this, the `/ A day ofl 2003 before me, the undersigned
officer, personally appeared ?j a8?p ?y ??,?T d &IZ2
(7,6Z70 z aZO T Ate A)T
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
aforesaid.
WITNESS my hand and notary seal the day and
e0w ?
Notary Itublic
My Commission Expires: NOTARIAL SEA!_
RAYMOND J. RESTA.GNO, Notary Puplto
HampdenTowship, Cumberland Co 4y
My Commisslon Expires Nov. 0, 21m3
17
BOOR 723 PACE 640
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
1? L
On this, the V°`& day of M df/ 2003 before me, the undersigned
officer, personally appeared 'A??? F />,2tr1 wb o
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day an ar aforesaid.
No Publi
My Commission Expires: (?? NOTARIAL ?F PutaAd
Y pl AYMOND J. RESTAGNO Not?ry?
? My C mmissl .. Expires Nov.111 } .
on
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the YA day of 11?A 2003 before me, the undersigned
officer, personally appeared /iJ,!7- rrN l' SreA S T 1 "R "9.v,o
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and ea? afores 'd.
d
Notary ublic
NOTARIAL SEAS°? i r
My Commission Expires: RAYMOND J. RESI'AGAJO, Notary' Pu>tl
Hampden Township, Cumberland Contdp
My Commission Expires Nov. 8, 2003
PAGE ?`4
641
boor, '72,)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the - day of oMq y 2003 before me, the undersigned
officer, personally appeared Ne Poj- y 4 pj-WTE7t' S ?L[E N 1R/7 ?° s G1Z?f1/J?G
9 WArsnnli (fin leen R k)a+son- , C<A,yr'an1 A Sr?yUi 2 Or4.P.Z'q ?
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day anpar afor
Notai Pub &
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF G ?i --( d
NOT Sid ^ `,F-Al-
1"1215 j? n 1'JNe I ??jp ! ? nU `fi-'[at a Y
h$r Lc rml, ,nrt f,, l e? t v. a ? ? ,
w
On tl
this, the 6'-" day of M4 Y 2003 before me, the undersigned
officer, personally appeared / Xgy T ? A944C=A r71 DiPE[c/
?oNN h T74 'TT/,P,4ZME4 /VE.rVJ- L. SS7,f-rTT0 .?77-E
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and afore 'd
of Publ
My Commission Expires:
NDT.ARIAL SEAL: )
AAYM0?i7J.ftSTN?F151 h.:7 P'j
1-1arrpdon Toviazldp, CdOW11 nn Cr 51N/
BOOK 723 PACE 642 My COMITAs!on t?p'{es tvov. H, [tx)J
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the A day of /my/ , 2003 before me, the undersigned
officer, personally appeared Df. mrcNAE< .l Fys/ o R /'/ > Z cC
C/1A?PLES Iv .fiOG,1?//>AD i 7ti? D /fE/'
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF <'-,, 1?--i-0
Public
NOTARIAL. SEAT:
RAYMOND.). RESTAGNO, Notary" N60 4.
Hampden Tarmshio, Cumboriand Cmzaly "
i
On this, the o ' day of 1".K 2003 before me, the undersigned
officer, personally appeared ?cae, Ly C' '. ,. rP'z y S? /f LOP - /79 Cz GT?PE
dAI/ID ?H L .z O i .c- C'i?.eOL yN 1 n PY?I?4e ? n , -40,-7' 9,Y& IFS - l.*CEy
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and y aforesaid.
Notat Publi
:r
My Commission Expires: --?._
NOTARIAL . ?L
RAYMOND J. RESTAGNO. Notary °uhhc
?afilpddrl Towrishlo. cn71}lnrkn d
?? wwnnss+?n tepites Nov tl
BOOK 723 PACE 643
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of 150Y 2003 before me, the undersigned
officer, personally appeared ?;¢se,v A S?RUyer'} ylCh LE L ?'?¢tLfs ?a?f?'
/rt S11 SA ?t.PCss A T S.?s?¢ ,i gr?Es fl 4uBie/ ?"•Pi4NK ?C'Z.y??E?
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day an e afores '
u
Notary Pub 'c ,q
My Commission Expires: ?.0f (
C?:1'trOtdu 1. fta?S inia`?(7, T;^"ary' i>•UP;"t+
F;2'n,7it n?.?`t"15
COMMONWEALTH OF PENNSYLVANIA hl; comtriss!oi'czp' t:; Fdc:. n, 2' 33'
COUNTY OF +^- 1_
On this, the _!K day of __ /17?•? 2003 before me, the undersigned
officer, personally appeared Nly&E.s. ArvryijT_. fi ?fl- lit?iyAd? ?c'rfcN
L L'dNNTN(r?/?, Lc"avi}xD ? Rar'i°cz,Yrys.t ? C?',crs/s? ieacPc z .r??.?L
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day anrharkoresaid.
Nolic
My Commission Expires: '
NCTASIAI. S }
RAYMDSIU J. prSTASNO Slot ry f uh 7?
Toxnsh(p. Cumbeuzn? C^: ,bty
My CommisstonFxPlses Nov. p,
Boor, 723 PACE 644
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the k #'? day of l?ia y 2003 before me, the undersigned
personally appeared FpI gR n Rt n,oy? T Azov v.? . /7iorrz
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and e aforesaid.
Notary Public
My Commission Expires: NOT4,RIAL SEA
RAYMOND J. RESTAGNO No PtitrU ??1A
Nampdan Township, Cumbarla.1d Co, fi, t
My CommNslon &plres Nnv 8 `
COMMONWEALTH OF PENNSYLVANIA ?.'
COUNTY OF C 1;
On this, the f"A day of /V,4 y 2003 before me, the undersigned
officer, personally appeared rilrc /ate - (fin ??A?e c?exs?-?? G
,",eA D STNTTi/
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instr unent and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
r ;
My Commission Expires: Y, w
bo, 723 PACE 645
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the -" day of )VA K , 2003 before me, the undersigned
officer, personally appeared RoazFx-T a?• 6 epn ; 7k., /',er mac- f4«AVa«sTA C? .VT ?
Yf}LLAYDLLZ'Tf} PTYZAA? F IVyC An/ 67 Al P, "fee 49
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C-?- t -/ e
NOTANAL SEAL ^ rr :'
RAYMOND J. RESTAGNO, Notary t'µ.
MWden Township, Cumberland Cot+N '
My CommissIon Expires Nev. lz, X003
On this, the %.14 day of h1AY , 2003 before me, the undersigned
officer, personally appeared :-,5,,,, v ;??, ce NvZl_« "XE-A, .4 Coivrv" v TZ-,V,4
/?" TN,?yt/tSSTiMOS, f)naysf/?'BzR?.:eG, 3'TEVE,?p RiCBiP.eElTf1 St?rNt PR?e;E
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
? 31
My Commission Expires:
800X 723 pAcr 646
NOTARIAL SEAL',
RAYMOND J. RESTAGNO, Notarv
Namvdvi Tow shIp Cumberiand
My Comadssion Exoim Nov, 0,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of N'f 2003 before me, the undersigned
officer, personally appeared esjAn art/ LAN?x?srE?, ?/?1Te y A .?f1n?c s1Z?
.% ?/j'/? ? aQfl YA9CI?I?, J ?L,L.E7L? l/'/' ?/j, irta nlD
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day an ar oresaid.
Notaty Publiq/
My Commission Expires:
SEAL f ....... , `3»;`?i.; ..
Hampden Township, Cumberland " `VR-e
COMMONWEALTH OF PENNSYLVANIA My Commission Expkes Nov. 8(J3, '
COUNTY OF ^ d a
On this, the jO' day of nl4; 2003 before me, the undersigned
officer, personally appeared uifrt/ pl. 6.5
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and y afor sai .
Not ublic
y
My Commission Expires:
F c
NOTARIAL SFIAL
RAWD\ID J. RESTAGNO,
Hampden Township, Cumtroiiari
My CommissionExplies Nov.8
BOOK 723 PACE 647
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of 4t / 2003 before me, the undersigned
officer, personally appeared 1//;tSi?U -J C fi9TG L &'V4) if'OK ILl3
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
N
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the L,l /? day of 4/ /' / , 2003 before me, the undersigned
officer, personally appeared ,V p Er /t T (/ _ S T? yc ly5 /7 /Y!?
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
is
..
BOOK 723 PAGE 648
NOTARIAL n .r ?.
RAYMOND J.R STAh>J?
gmq*n Townshlp.
Cur r r ; `. r
my commRslmExplre-s J.vro:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF c I _ t
On this, the A) " day of S//- / , 2003 before me, the undersigned
officer, personally appeared '6z-s'; Al 'Q 'Vel'y'FIE
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
N
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
RAYMOND J. RESTAGNO, Notary
„
Hampden Township, Cumbariand GRtn
MY Commission Expires Nov. SCiQ3
C r /l1
COUNTY OF f , ?>
On this, the /o? day of _49,-1' / 2003 before me, the undersigned
officer, personally appeared Tyo!wd,s j- G<xt y /t!.
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
My Commission Expires:
NOTARIAL S' Al
RAYMOND J. RESTAGNC, 477
Hampden Township, ei rn! A ;y
tAY Commissfun Expo , :a,;;-:
BOOK '723 PAGE 649
k r
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ti
On this, the Ao 1' day of 2003 before me, the undersigned
officer, personally appeared :;?HN A. 'rAsA-ay ANU AyE?G
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary sea] the day an y ar aforesai .
Notafy P is
My Commission Expires:
NOTARIAL SEAL
0 J. RESTArMn Aim-,
Commtsslon plies 14014 N
8 200
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C tikes 1 ?? "?
On this, the day of hjr-, 2003 before me, the undersigned
officer, personally appeared A;3ly /1>j3yT S ni0
I?S,SLr's9 1&, /1>,,0-4/7:7S
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and aforesai .
Notary ubli??y
My Commission Expires: NOTARIAL SAG
RAY.MND J. RESTAGE ' e
Hamp&n Township. C r
Pdy Commtss)on Exp
Boor, 723 PAGE 650 ?°""
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the 1.2 day of p? / 2003 before me, the undersigned
officer, personally appeared ?E7A/ f}??
SI ,597? ? I-E.7- i?
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day an ear aforesai
Notaz Publi
NOTARIAL SEAL
M}' Commission Expires: Wmrv RAV.' T . RESTf Nota PUhlic , a '-
Vt4on T.wunehln r, ...?.,,A. n..._?.. v
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the _ day of AAX 2003 before me, the undersigned
officer, personally appeared Xt ?rN DQy[r '9ivt7 L'L.g7/DSs1 Do y<r
,r
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and ar afores 'd.'' ),A, -
Notary P blic
My Commission Expires:
BOOK 72 PACE 651
' i.
.
4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C- S. I- .
On this, the y day of 104y 2003 before me, the undersigned
officer, personally appeared Atyxe < 7 roRG -'oq V.f?
/r/t'•TS d ,094 ZX,!V& !
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day 7d; afores d. .
I
No e ic
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF <' ,.,,.,. f--?-
On this, the day of /'I F1 y 2003 before me, the undersigned
officer, personally appeared ZYZ n ¢ s T L r/P TA ?A/D
,t?.1A/y? w ?uP2A
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
BOOK 723 PACE 65i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the P* day of 1,V,41 , 2003 before me, the undersigned
officer, personally appeared
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day Wyear or s 'd. My Commission Expires: AC jn
Hampden Township Cumberland Ca
hIy Comr lsslon Expli es Nova 2(k
COMMONWEALTH OF PENNSYLVANIA s ?, ;; t;2v w F3°a
COUNTY OF L- t"-- / ? h ?
On this, the 1/v'?7 day of X4OK , 2003 before me, the undersigned
officer, personally appeared o}1 ?PE/J &/- ? iycoas t :.P. Aey'd
P/?T,Paeig S_ ? /tco /?s
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and yegr aforesaid.
Notary Public U?y
My Commission Expires:
NOTARIAL SE L
RAYMOND J. RESTAGNO, Nolary Pubiler
Hampden Township, Cumberland County
My Commission Eepi Nov. 8, 2003
BOOK 723 PAGE 6
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the yVA day of /Y4 y 2003 before me, the undersigned
officer, personally appeared /&"- R .A ?L ? ss ivy e .9? 0
5'uSfan/ 0- A4,6;3X rrL-X
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and ar ores id.
NotaryPublic
My Commission Expires:
NOTAR AI. c
RAYMONII J. RES ? „id0.
A!y Commtsslon Ex(u+ns _
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C ~?
On this, the 411'4 day of ANA-r 2003 before me, the undersigned
officer, personally appeared 'I14-2-B2g' /-4 - G'L1*e
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and afores 'd.
Notary Public
My Commission Expires:
BOOK 723 PAGE 654
NOTARIAL Sls.!_' ,
RAYMOND J. RESTAGN0, V-ot ,<:
l-&jx en Townshi , Cumtiq
Ny Comndsslon Ires tlg
.y?.'
J 3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C. _ ? L- I -'j-
On this, the __? day of 2003 before me, the undersigned
officer, personally appeared 'fpt A1Vq T? S i?o .4 N o
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
Notary
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
NOTARIAL, S
RAYMOND J. RESTAGNO,
On this, the day of zl?A 2003 before me, the undersigned
officer, personally appeared At Off' L exeg ss
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and, ear aforesaid.
Notar Public
My Commission Expires: NOTARIAL
t
RAYMOND J. RESTAONO, Notary P
BOOT{ 72-3 PAGE 655 r4
COMMONWEALTH OV PENNSYLVANIA
COUNTY OF c?tiw
On this, the gS day of 2003 before me, the undersigned
officer. personalty appeared Z r- /it D NA RSf 4LZ-
/Ue/L G rde)Aass
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained..
WPTNESS my hand and notary seal the day and yfar aforesaid
Notary Publicw
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YO ?-
On this, the day of n_«--
P:oTARiAL SEAL
RAYMOND J. REMGI10. Ntfary "!c
;? rs GINT, r. ?I
W Commisshn NIX & 20M
2003before me, the undersigned
officer, personally appeared c-1,, -,L,-- -s.
ll} /N c_ '? ?! I
1 W,l{ 1_ I.u./ ?V't?"/un /l J?,..? J N-/ C
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and year aforesaid.
Notary Public
My Commission Expires:
Notarial Seal
Brian C. Ulwbach, Notary Public
Dillsburg Boro, York County
My Corrm&-hon Fvires Mar. ! 1: 2007
Mambar, rOWAVywde Aswdaw tJO6r:?]
BOOK 723 PAGE 656
?, ;? -U
X fir`'
1
Ilampden Township
Itoord of Connmsslnnrrs
Vrh cn l' Pink) lsrbl. I"( "i 1"w
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January 28, 2003
Jane M. Alexander, Attorney at Law
148 South Baltimore Street
1'.O. Box 421
Dillsburg, PA 17109-0421
Dear Attorney Alexander:
This is in response to your correspondence dated January 22, 2003 in which you rcqucstcd a
letter from I lampden Township slating that the Township does not intend to seek dedication
of the recreation area in Dein4ler Manor to the "township for recreation purposes. Please
accept this letter as assurance that the recreational area, as depicted on the Final Plan No. 2 of
Deimler Manor, recorded at Cumberland County on June 6, 1978, has Hot been dedicated to
the Township for its use nor will the Township seek dedication in the future.
The Township poses no objection to the legal use of this land by any legal owner. I F\ OU h;nrc
any additional questions, never hesitate to contact me.
Glen It. Grew, "township Solicitor
EXHIBIT nD°
230 S. sporting Hill Road Mechanicsburg, PA 1705(F1097
4: hlail hangxlcn(q'Iwp.hangxlen.pa.us Webstielitip://Iwp.liainl)den.pa.us FAX(717)701-7207 TDI) 1717) 211-1162
Adminisltutioo (7171 761-0119 Ambulance (717) 761-5343 Police (717) 761-2601) Recreation 017) 701 -49? 1
c: Board of Commissioners
n
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1
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THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 CIVIL TERM
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
NOTICE
You have been sued in court. If you wish to defend yourself 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
TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
SCHRACK &
LINSENBACH
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.
MID-PENN LEGAL SERVICES
8 Irvine Row
Carlisle, Pennsylvania 17013
Telephone: (717) 243-9400
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 CIVIL TERM
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
NOTICIA
Le Han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion
de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. St NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
SCHRACK &
LINSENBACH
111,111111
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 CIVIL TERM
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
AMENDED COMPLAINT
AND NOW, this 3 / day of ??- Z-- , 2006, comes the Plaintiffs,
THOMAS J. HARTUNG and CLARA M. HARTUNG, by and through their attorney, Brian C.
Linsenbach, and files this Complaint and avers the following:
1. The Plaintiffs, Thomas J. Hartung and Clara M. Hartung are adult individuals
currently residing at 826 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant, Michael L. Mahar, is an adult individual believed to be residing at
822 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. The Defendant, Michael L. Mahar is the owner of record for the property located at
822 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is Lot No. 28 in the
Deimler Manor subdivision.
4. The said Plaintiffs above are owners of Lot No. 01 in the Deimler Manor subdivision
located in Hampden Township, Cumberland County, Pennsylvania which subdivision plan is
recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 33, at Page 10
and dated August 5, 1977. ("Subdivision Plan")
5. The Subdivision Plan contained a note or a reference on Lot No. 01 that it stated
simply "Recreation Area". The Recreation Area was not listed or referenced as an easement on the
Subdivision Plan.
6. It is believed that during the planning process, Lot No. 01 was discussed as possibly
1 11 being set aside as a recreation area.
SCHRACK &
LLNSENBACH
11 1 1CI
The designation of a recreation area was never a condition of the subdivision plan.
8. The plan was approved without the condition that Lot No. 01 be designated as a
recreation area.
9. Lot No. 01 was never set aside by the developer as a recreation area.
10. The developer and his engineer failed to remove the words "Recreation Area" off of
Lot No. 01 on the plan before filing.
11. The developer never transferred Lot No. 01 to a Homeowners Association.
12. The developer never transferred Lot No. 01 to the Township.
13. There is no public record of any transfer of Lot No. 01 to any type of homeowners
association or to the Township.
14. A Tax Claim Bureau deed, dated January 26, 2001, in which ownership was
transferred via a tax sale to Thomas J. Hartung and Clara M. Hartung, described Lot No. 01, the
subject area as being designated a "Recreation Area" on the subdivision plan. The Tax Claim Bureau
deed also made no mention of any restrictions on the subject area. A copy of the Tax Claim Bureau
deed is attached hereto as Exhibit "A" and made a part hereof.
15. After acquiring Lot No. 01, the said Plaintiffs did attempt to have Defendant agree
to a termination of the easement, if said area is considered such. A copy of this attempt, through
letter correspondence sent by the Plaintiffs' attorney, Jane M. Alexander, Esquire, is attached hereto
as Exhibit "B" and made a part hereof.
16. All other interested and affected parties have agreed to a termination of the easement
in regard to the said "Recreation Area", which Agreement is dated April 1, 2003, and recorded in
the Office of the Recorder of Deeds of Cumberland County in Book 723 at Page 616. A copy of the
Agreement is attached hereto as Exhibit "C" and made a part hereof.
17. It has been averred by Hampden Township, through their letter correspondence of
January 28, 2003, that the "Recreation Area" was not dedicated to the Township for its use nor will
the Township seek future dedication. Further, the Township has no objection to the said land's use
by the legal owners, the Plaintiffs herein. A copy of said averment is attached hereto as Exhibit "D"
and made a part hereof.
18. Plaintiffs have maintained Lot No. 01 as their own property to the exclusion of all
others.
SCHRACK &
L1NSeNSAC, 19. Plaintiffs have paid all the property taxes for Lot No. 01.
20. Other than Plaintiffs, no person or entity has maintained or used the property.
WHEREFORE, Plaintiff prays your Honorable Court to enter a decree terminating any
possible rights in which the Defendant, his heirs or assigns may have or have had regarding the use
of this lot as a recreation area, and further decree that the Defendant, his heirs and assigns be
perpetually enjoined from setting up any title from said premises, for impeaching, denying or in any
way attaching the Plaintiffs' title to said property, from issuing or maintaining an ejectment action
for said premises, and/or from encumbering, mortgaging or conveyance of the same or any part
thereof. Furthermore, the Plaintiff s pray your Honorable Court to declare that title to said premises
shall be quieted and confirmed that the title to said premises is in the Plaintiffs and the Plaintiffs
alone, and further that the Plaintiffs be allowed to enjoy said property without interference from the
Defendant, his heirs or assigns or any other persons.
By:
Respectfully submitted:
SCHRACK & LINSENBACH LAW OFFICES
BRIAN C. LINSENBACH, ESQUIRE
L D. No. (87360)
Attorney for Plaintiffs
124 West Harrisburg Street, P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
SCHRACK &
LENSENRACH
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO.
MICHAEL L. MAHAR CIVIL ACTION - LAW
Defendants . ACTION TO QUIET TITLE
VERIFICATION
We, THOMAS J. HARTUNG and CLARA M. HARTUNG, the Plaintiffs herein, verify
that the facts set forth in this Complaint are true and correct to the best of our knowledge,
information, and belief. This verification is made subject to the penalties of Section 4904 of the
Crimes Code (18 Pa. C.S. §4904) relating to unsworn falsification to authorities.
Date: ::7 -,23'" e? G
1
THOMAS J? UNG
J
4 ? _r.Z`-
CLARA M. HARTUNG
SCHRACK &
LINSENBACH
X
NOV. 19. 2002 12.03PM.,- HPLOFFICE_SVC.
NO. 153 P. 3
ROBERT P. ZIEGLER
JUDICIAL SALE RECORDER OF DEEDS
UMBgE?R,ND COUNTY-PA
`J V-? t 3W??? 4? ?G PSI 3 1„ti
11155 Pub Made this ...........26th .................. day of ...... t 91111ASY................., 20.01,
between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee,
GRANTOR, and ......7;bamas..7.,..and..0lar:A.N...Ba[[Rng.Rf..BaolpfllA..Rt/Wlwbi.R .................._-
.............................9uaGrcland..9pgDSy.................................... ..............._._..... Grantee
Pi{neBBefh, that in consideration of IL...7.5A.A.0.......... in hand paid, receipt whereof is
hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, ...their..
heirs and assigns, the certain premises situate in ..............Hampden....TOtmahip........................................
Cumberland County, Pennsylvania, as follows;
Owner or reputed owner as returned to raid Bureau
See Appendix "A' for Legal Description
South Central Service Corporation
c/o Federal Deposir Insurance Corporation
1910 Pacific Avenue 91400
Dallas, TX 75201
the same having been sold by the Tax Claim Bureau to the said grantee, on the ......28th ................ day
of ..........July ................................. Anne, Domini two thousand and ... oue................ ..........
after due advertisement according to law, the period of redemption for the payment of tax claims
having expired without the property having been redeemed, or any tax judgements heretofore having
been entered against the described property having not been satisfied, or no agreement to stay the sale
of the within described property having been entered into, or the within described real estate no longer
remaining in possession of a sequestrator, by Judicial Sale.
under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
In Pitriese Pljereof, said Grantor has hereunto caused this Deed to be executed by its
Director the day and year first above written,
TAX CLAIM BUREAU OF
Signed, Sealed and Delivered CLIMBERLA14D COUNTY, PENNSYLVANIA,
in the presence of: TRUSTEE
.............................................................................................. By ... ............. ......?'Y ............. (SEAL)
Director
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMURRI-AND
On this, the ............... Iq. ?
........................ day of ...7L,MIAQ?C.L(............................................... 20,0,.1
before me. the Prothonotary of the County of Cumberland. the nude igned officer, personally appeared
...............111 0.0..6-116.4.pY'........................................ Director of the Tax Claim Bureau of the County of
Cumberland, gcimmg?onivealth of Pennsylvania, known to me to be the person described in the foregoing
instrumeast dC?i FfRne 1edged that he executed the same in the capacity therein stated and for the purr
pos2a.tT,i rai,A
I have hereunto my hand nd cial seal.
Or ?
aR4.dltdTanYP
f3LE)CUM rDf#fY CIXEIf . t -
?u f?lApIRfM , r002. AOfISE nr?rilfinir of 8eaiblare BOOK r tt?l? P"Ct 46
precise residence of the grantee herein is as follows :................................
artum- 826 Anthony Drive, Mechanicebure. PA 17055
?`!.....:...F...........V--....
...?.._
EXHIBIT "A" Stephen D. Tiley
Cumberland County, Assistant Solicitor
ROBEQT F. ZIEGLER
RECORDER, OF DEEDS
CUMBERLAND COUNTY-PA
'01 JAN 26 Pfd 3 19
APPENDIX A
Parcel number 10-17-1037-001
LEGAL DESCRIPTION
ALL THAT CERTAIN parcel of land situate in Hampden Township,.
Cumberland County, Pennsylvania bounded and described according to
a Final Plan Number 2, Part of Section II, Deimler Manor, recorded in
Plan Book 33, page 10, as follows to wit:
BEGINNING at a point in the center line of Beech Run Lane (50 feet wide)
at the southwesterly corner of other lands, now or formerly of Normandy
Manor and Central Service Corp., a joint venture; thence extending along
the aforementioned lands North 84 degrees 27 minutes 40 seconds East
655.99. feet to the northwesterly comer of Lot No. 21 on the above
mentioned plan; thence extending along said lot South 31 degrees 34
minutes 39 seconds East, 111.3 feet to a corner of Lot No. 27 on the
above mentioned Plan; thence extending along the rear of Lot Nos. 27,
28 and 29 South 84 degrees 27 minutes 40. seconds West, 436.59 feet to
a point being the northeasterly comer of Lot No. 30 on the above
captioned Plan; thence extending along the rear of Lot No. 30 South 52
degrees 19 minutes West 250.38 feet to a point in the center of Beech
Run Lane; thence extending along the center line of Beech Run Lane on
the arc of a circle curving to the left and having a radius of 525.1 feet,
the arc distance of 169.34 feet to a point of tangent; thence continuing,
along said center line North 25 degrees 34 minutes 47 seconds West
71.76 feet to the first mentioned point and place of BEGINNING.
BEING designated as Recreation Area on the above captioned Plan and
containing 1.868 acres, more or less.
BEING part of the same premises which Hampden Square Limited
Partnership, a Pennsylvania limited partnership granted and conveyed
to South Central Service Corporation, a Pennsylvania corporation by
deed dated May 8, 1991 and recorded in deed book 35C; page 79,6 in the
Cumberland County Recorder of Deeds Office.
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ATTORNEY AT LAw
148 SOUTH BALTIMORE STREET
P. O. BOX 421
DILLSBURG, PENNSYLVANIA 17019-0421
(717) 432-4514
FAX (717) 502-1087
E-Mail: jmalexander1480earthlink.net
April 26, 2004
Mr. Micheal L. Mahar
822 Anthony Drive
Mechanicsburg, PA 17050
Dear Mr. Mahar,
In January 2001, Thomas Hartung and his wife, Clara M. Hartung purchased the tract
of land adjacent to the building lots on the plan of Deimler Manor which was designated on
the plan as "Recreation Area".
The Hartung's, whose residence abuts the area, purchased the land to prevent the
property from being used for any purpose that would diminish the value of adjacent properties.
On their behalf I contacted Hampton Township and under date of January 28, 2003
they gave a letter stating they would not pursue dedication. See copy enclosed.
All property owners in the area except you and another party have signed the
agreement. About six weeks ago I stopped at your home hoping to be able to discuss the
situation with you but, you were not at home.
The Hartung's would like to get this matter brought to a close. If you would like to
discuss the situation with me, please call, and I will be glad to meet with you either I will be
glad to meet with you either at your home or my office.
Please advise of your position regarding signing the document on or before May 10,
2004. If you do not contact me by that date I will presume you will not sign and I will then
file a Petition with the Court of Common Pleas to vacate the easement based on the fact that
all residents except you and the other party have agreed to the termination.
EXHIBIT "B"
Micheal L. Mahar
April 26, 2004
Page 2
Looking forward to your response.
JMA/js
cc. Thomas Hartung
Lx
uRO? Cr Ufa: ? J
ADDS DfC 7 ACl li 32
AGREEMENT TO TERMINATE EASEMENT
e
This Agreement, made this day of 4 4 2003
by the undersigned parties being the owner(s) of the lot indicatedby my (our) name(s) said lot
r
being situate in the Township of Hampden, Cumberland County, Pennsylvania and being one of
the lots in Final Plan Number 1 of Deimler Manor, said plan being recorded in the office of the
Recorder of Deeds of Cumberland County in Plan Book 23, page 122 or in the Final Plan
Number 2, Part of Section II of Deimlerh, said Plan being recorded in the Office of the
Recorder of Deeds of Cumberland County in Plan Book 33, Page 10, hereinafter "Lot Owner(s)"
and Thomas J. Hartung and Clara M. Hartung, owners of a 1.868 acres, more or less, tract of land
in said Deimler Manor designated as "Recreation Area," hereinafter, "Hartungs."
Recitals
WHEREAS, the undersigned "Lot Owner(s)" is (are) the owner(s) of a lot conveyed out
of the tract of real estate known as Plan No. 1 Deimler Manor, recorded in Plan Book 25, page
422 or Plan Number 2, Section II, Deimler Manor, recorded in Plan Book 33, page 10; and
WHEREAS, the said 1.868 acre tract of land is owned in fee simple by "Hartungs"
acquired by deed dated January 26, 2001 and recorded in the office of the Recorder of Deeds of
Cumberland County, Pennsylvania in Record Book 238, page 461, a copy of said deed marked
Exhibit "A" is attached hereto and made a part hereof; and
WHEREAS, there is a designation of "Recreation Area" on the said 1.868 acre tract
owned by "Hartungs" on the said subdivision plan creating an implication that an easement was
granted for the benefit of property owners in Final Plan Number 1 or Final Plan Number 2, part
of Section II of Deimler Manor; and
WHEREAS, the implied easement has not materialized and the area has never been used
for recreation; and
WHEREAS, the Township of Hampden has not accepted and/or maintained said tract on
behalf of the Township and has no intention to seek dedication in the future as confirmed by their
BOOK 723 PACE 616
EXHIBIT "C"
letter dated January 28, 2003, a copy of which marked "Exhibit B" is attached hereto and made a
part hereof, and
NOW THEREFORE, the parties hereto, for and in consideration of the sum of $1.00
and other good and valuable considerations and intending to be legally bound hereby, promise,
declare, and agree as follows:
1. The undersigned Lot Owner(s) certifies and represents that they are the owners
of the lot together with the improvements thereon erected, if any, the number of said lot being
noted on the lines below his/her/their signature(s).
2. The undersigned Lot Owner(s) agree(s) that the designation of the said 1.868
acre tract of land as "Recreation Area" as shown on Final Plan No. 2 of Deimler Manor recorded
in Plan Book 33, page 10, which is incorporated herein by reference, shall hereby be terminated
and be of no force and effect.
3. The undersigned Lot Owner(s) by these presents has (have) abandoned,
released, and discharged, and by these presents do(es) hereby abandon, release, and discharge all
that certain implied easement granted to him (her) (them), in the said 1.868 acre tract of land as
recorded in Plan Book 33, page 10.
4. This agreement shall run with the land and be binding upon the parties hereto,
their heirs, executors, successors, and assigns.
IN WITNESS WHEREOF, the said parties hereto, intending to be legally bound hereby,
have hereunto set their hands and seals the day and year above-written.
Witness: Lot No. 001 Deimler Manor -
(Seal) J
Thomas J. HarturT
1 _(Seal)-
Clara M. Hartung
address: 826 Anthony Drive
Mechanicsburg, PA 17050
non 723 PAGE 61.7
003 Deimler Manor
TVPW
rvpw uo?r14Fle
1JamaB"S?wyeT"
address: 3616 Beech Run Lane
Mechanicsburg, PA 17050
Seal)
Seal) ?k
Lo o. 004 Deiniler Manor
_(Seal)J
Gary B. G use
lei . Av (Seal)v
i . Gouse
ess: 3614 Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 005 Deimler Manor
m? '0" l (Seal) ?
Maxr?'rnillian Osipov
/ (Seal)?
J Osipo
address: 3612 Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 006 De' er Manor
4 (Seal)`,
Jo F. onville/
,_! ( (Seal)
azen A. Conville
address: 3610 Beech Run Lane
Mechanicsburg, PA 17050
mov 723 mi 618
Mechanicsburg, PA 17050
Lot No. 008 Deirnler Manor
(J . , -p C (Seal),/
Anne S. Annab
." n A, ".m. (Seal)/
J az . Annab
address: 3606 Beech Run Lane
Mechanicsburg, PA 17050
Lot N . 009 Deimler Manor
I (Seal
Ro rt A. Kertulis
i/. , ':z ?( l (Seal)./
Trudie A. Kertulis
address: 3604 Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 010 Deimler Manor
1 /Vo Lv++?G G+U L?EKy (Seal)
r Chaves E. Cunningham
t CtiG?yL t (Seal)/
Grace L. Cunningham
address: 3602 Beech R Lane
Mechanicsburg, PA 17050
WOK 723 ml 619
r,ambns) L. (Seal)/
Carolyn L. Moyer
address: 3608 Beech Run Lane
Lot No. ( Deimler Manor
Jd C / SiJ f?'??? (Seal)
(Seal)
7address:W%Z??
Mechanicsburg, PA 17050
Lot No 03 Deimler Manor
Lot NA O Deimleerr Manor
?- . Q ,(Seal)(
??e, r?awe
(SealW
A6, G?+ti Z- CR Ift P'-
address: k0 a Ayr lOe Z' ll
Mechanicsburg, PA 17050
Lot No. OL
f
/ GiRxG(?I FfILLfF?dLG/TLl
l \? ??/y?y
CPAA(TCi- (Seal)
e
address: hi-
Mechanicsburg, PA 17050
aom 723 p4a 620
Mechanicsburg, PA 17050
-r
Lot No. \ Deimler Manor
Stephen I
(Seal)
Sharon E. 'zar
addre 3605 Be h Run Lane
Mechanic urg, PA 17050
Lot N
o.. 069 Deimler Manor
o.
+ r t
- ? 1 (Sealy
Gfego &b
(Seal
Carolyn R. ?'I rb e?F
address: 3700 Beech Run Lane
Mechanicsburg, PA 17050
Lo No. 068 Di r Manor
(Seal)/
even E. Price
address: 803 Kent Drive
Mechanicsburg, PA 17050
Lot 11 ei r M or
)1!
(
Earl W. McC eerey, Sr.
BOOK 723 PALE fa?_1
address: 370X Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 011 Deimler Manor
it
Delores McCleerey U
address: 804 Kent Drive
Mechanicsburg, PA 17050
Lot Ng 012 eimler Manor
4 40(Seal)/'
4 avid M. Liddick
O, Wk Mn, 'IVY ? (Seat)?
Carolyn M. iddick
address: 805 Kent Drive
Lot NNoo. 060 Deimler Manor
1 j''Itb ! (7. A - (Sear;/
Vasudev C. Patel
V. RM7pt (Sealy
Kokila V. Patel
address: 8OCKent Drive
Mechanicsburg, PA 17050
Mechanicsburg, PA 17050
Lot o 061 Deiml rtAanor
(Seal)
? Ro ertN. Gr t, r.
.f (Seal))
PauWo Gr t
address: 808 Kent Drive
Mechanicsburg, PA 17050
Lot No. 0055 Deimler Manor
Steven A. Barbaretta
BOOK 723 PAGE G2.2
+ (Sea]),/
Amy S. H address: 522 Beech Run
Mechanicsburg, PA 17050
Lot No. 056 Deimler Manor
?
I(Sear
- DoIu0layas;; ,,gl E. all
Betty G. Hall
address: 3524 Beech Run Lane
Mechanicsburg, PA 17050
Lot No. 057, Deimler Manor
tO/ (Seal)v
David J. Aver
C a - k" (Seal)/
Juli . Avery
address: 3526 Beech Run Lane
Mechanicsburg, PA 17050
Lot
address: 810 Kent Drive
Mechanicsburg, PA 17050
Lot No. 014 Deimler Manor
(O / SL.r. (Sear/
Richard L. Rein
I (Seal),,/
Susan A. Rein
address: 811 Kent Drive
BOOK 723 PAGE 623 Mechanicsburg, PA 17050
1
Lot No. 0691eimler Manor
Sv %? ?e (Seal)
D v?"Qi 'S eit?erg ,;749oN 4 Sirdu?Fr
address: 812 Kent Drive
Mechanicsburg, PA 17050
Lot No. 015 Deimler Mano
t' C y - (Seal)?
M D. Smith
(Seal),/
T y S. S 'th
address: 8 3 Kent ve
Mechanicsburg, PA 17050
Lot No. 64 Deimler Manor ?
(Seal)
Thomas D. Ki ett
(Seal)
Brenda D. Kimmett
address: 814 Kent D 've
Mechanicsb PA 17050
Lot No. 16 Deimler Manor
(Seal)
rv (Seal)
Hope- Sibbaeh
address: 815 Kent D e
Mechanicsburg, PA 17050
Lot No. 065 Deim r Mancr
E1/? (Seal)/
M. all
BOOK 72? ACE 61
i
h ?
r .`
LV 65
/icJ?'E Go (Seal)
Vickie L. Gallas
address: 816 Kent Drive
Mechanicsburg, PA 17050
Lot No. 017 Deimler Manor
(Seal)enneth Lan ter
?? Q ??Q?4(?P,IRA?P?i ?_(Sealu
Emily A. L caster
address: 817 Kent Drive
Mechanicsburg, PA 17050
Lot No. 018 Deimler Manor
Tina L. T al sin
address: 19 Ke t Drive
Mechanicsburg, PA 17050
Lot No. 019 Deimler Manor
r , ?vn-kn? W, V,_,i Q.?-7,? (Seal) ?
t723 PACE 625
address: 818 Kent Drive
Mechanicsburg, PA 17050
q .d? ?1?GJr? (Seal) ?
Marie L. Olson
address: 821 Kent Drive
Mechanicsburg, PA 17050
Lot No. 067 Deimler Manor
141? , 444& (Seal)\/
Frank M. Kindler
0?hiru,Qla? 44ri.?f? (Seal)
Carmena Kindler
address: 900 Kent Drive
Mechanicsburg, PA 17050
Lot No. 020 Deimler Manor
(Seal),/
Garrye? ug__an (Seal)/
Vivian E. Jugan
address: 901 Kent 've
Mechanicsburg, PA 17050
Lot No. 021 Deimler Manor
<±? - (Seal),/
Saleh A. Malik
,(Seal) ?
Samia K. Malik
address: 903 Kent Drive
Mechanicsburg, PA 17050
Lot N . Nimler 7anor
(Seal)
Kevin Doyle
BOOM 723 PAGE 626
i 01? (Seal)V
Clau a Doyle
address: 809 Anthony Drive
Mechanicsburg, PA 17050
Lo . 022 Deimler Manor
C
_(Seal) V
David R. Getz
ol GA-- (Seal),/
Yvo e M. Getz
addr s: 810 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 046 Deimler Manor
xz?'t '00 (Seal) v
Harold A. Winters
`-?Y?v?•tnl!/).a/ (Seal) v
Ellen J. Winters
address: 811 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 023 Deimler Manor
M )C.W a Fr - - (Seal),/
Michael G. Watson
1i1 t- 6A? (Seal),/
een R. Watson
address: 812 Anthony Drive
Mechanicsburg, PA 17050
Lot N 045 D imler Manor
(Seal) V
Daniel J. G rgianna
7• 1
Bov, 723 PAGE 6.7
1
L a (Seal/
Kristen L. Georgianna
address: 813 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 024 Deimler M
(Seal)/
ly o h n R. Ra nd
(Seal)l
Elen M. Raymo
address: 814 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 044 Deimler Manor
-(Seal) V
Thomas J. Lup as
JV
?- (Seal)v
lane W. Lupia
address: 815 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 025 Deimler Manor
-(Seal),/
Dwi t L. Billman
.
??????(??(Seal)?
4ulia A. BillmanA. Billman
address: 816 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 043 Deimler Manor
??c (Seal)?
A1fredJ. Jacob rJacob r.
BOOK 723 PAGE 628
(Seal),_,
Patricia S. Jacobs
address: 817 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 026 Deimler Manor
--(Seal/'
Roland R. Tesno
(Seal)../
Anna M. Tesno
address: 818 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 027 Deimler Manor
? ? (Sear
Roy L. Cross
address: 820 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 0'$ Deimler
Michael L. M ar
address: 8 Anth iy Drive
echanicsb g, PA 17050
Lot No. 042 Deimleerr Manor
Susan D.Z a j u?fea
address. a23 ruiuiouy Drive
Mechanicsburg, PA 17050
Lot N 029 Deimler M or
-(Seal)/
axles W. Kocher
BOOK 723 PAGE 629
?' ??!\ 4 (Seal),/
Madeline S. Kocher
address: 824 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 030 Deimler Manor
1?
/vG6 (Seal),/
Thomas I Hartu -
(Seal),/
Clara M. Hartung
address: 826 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 054 Deimler Manor
J (Seal)/
CZ:.- der
7/e (Seal)/
Daria G. Snyder
address: 827 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 031 Df eiml or
(Seal),/
f 1\UUGlt Il. JtG VG11J
Mildred G. Stevens
address: 828 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 032 Deimler Manor
?! (iLU2t q?T)? ?+ 1. 7f ?? ????- (Seal)v
address: 830 Anthony Drive
BOOK 723 PAGE 630
Mechanicsburg, PA 17050
V
Lot No. 033 Deimler Manor
_(Seal),/
J-(Seal)/
address: 832 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 034 Deimler Manor
G
Jr.
address: 834 Anthony Drive
Mechanicsburg, PA 17050
BOOK 723 PACE 631
marcia m. vrew
address: 831 Anthony Drive
Mechanicsburg, PA 17050
address: 833 Anthony Drive
Mechanicsburg, PA 17050
Lot No. Deimler Manor
\G (Seal),/
Joseph Y. ent
(Seal) ?
Cecelia J. Ken
address: 836 Anthony Drive
Lot No. 049 Deimler Manor
(Seal),/
Me R. Strait, Jr.
BOOK 723 Fn6E 632
address: 835 Anthony Drive
Mechanicsburg, PA 17050
address: 837 Anthony Drive
Mechanicsburg, PA 17050
address: 838 Anthony Drive
Mechanicsburg, PA 17050
I i ?c mo , (Seal),/
Kathryn M. Strait
address: 839 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 037 Deimler Manor
Dr. Michael M. Ry
-(Seal)/
r o . Guziec
address: 840 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 038 Deimler Manor
(Seal),/
John` .Pearah
?I
-e'vn-l (Seal)
Jarka Pearah
{seal)
3IIlEf E. Pcmmh
address: 842 Anthony Drive
Mechanicsburg, PA 17050
er Manor
??at
.. Robert J. WoS
'-"' (Seal),/
Dorothy S. ser
address: g.?Brive "
P. O. Box 232
Mechanicsburg, PA 17050
BOOK 723 PAGE 633
Lot No. 048 Deimler Manor
(Seal) ?
Mark B. `Messner
" \ ?I?C?45y y / M (Seal)"
J
'usan M. GI ssner
address: 845 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 040 Deimler Manor
K9-e'r-(Seal)
Ray Clark
,? s'?? ? ,.G? (Seal) ?
Helen A. Clark
address: 846 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 041 Deimler Manor
, ?_ ?
Dean G. Mantis, III
Wuq-yrk
fhrtn` (Seal)
I
ssica M. Mantis
address: 848 Anthony Drive
Mechanicsburg, PA 17050
Lot No. 013 Deimler Manor
(Seal)"
olui. Fassano
(Sealy
Janet L. Fassano
address: 3601 Anthony Drive
Mechanicsburg, PA 17050
Boor, 723 PA E 634
w fivr,+'t
Lot No.1X_7_ Deimler Manor
-? i ? (Seal)/
zl__IjlH Nl.. k16?VS???
&& (Sear/
address:
Mechanicsburg, PA 17050
Lot No. Deimler Manor
address:
Mechanicsburg, PA 17050
Lot No. Deimler Manor
address:
Mechanicsburg, PA 17050
Lot No. Deimler Manor
address:
Mechanicsburg, PA 17050
BOOK 723 PACE 635
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF YORK
On this, the /i day of / o--c Lt-- , 2005, before me, a Notary Public, the
undersigned officer, personally appeared THOMAS J. HARTUNG and CLARA M. HARTUNG,
husband and wife, known to me (or satisfactorily proven) to be the persons whose names are
subscribed to the within instrument, and acknowledged that they executed the same for the purpose
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
NOT PUBLIC
Nolarlal seas
Brian C. Unsenbach, Notary Public
Dftbm Boro, Yak County
My Comnfsbn E)0hes Mar. 11, 2007
AAernber, i%ImnyMaYe Awayatlm •:: NO'_twz
BOOK 723 PAGE 636
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF t "~?tA-L
On this, the9 "44 day of 44 4 2003 before me, the undersigned
S'AN a
officer, personally appeared AjytsA? tsoi? S:4t fill?¢ nl?zr rK y sRmr,a'k /'7AU-rX
1 AVG010%,_ai?E-71 .Oou A 4 As A lfir? s , XFTTYANN AE-MIZIe y«
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and aforesai . 46
Notary Public/
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the
L.._.4.... I ,_ Z
day of_?y 2003 before me, the undersigned
officer, personally appeared a vz,0 7 Au?P y Jy? E ?. RyEiry
?Yolyr?? /11• /'E TL '
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and =ab 'd.
Notaryublic
My Commission Expires:
BOOK 723 FACE 637
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the q day of r1 A l 2003 before me, the undersigned
officer, personally appeared ??p?-u?
z2?- / Dle i 7-1y-?e S u?Rmsc R PoAEXT T" uy ,nt iP
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF &'L' I "?-
On this, the q t day of M ! j , 2003 before me, the undersigned
officer, personally appeared Rj ?y rr,:L?t? 2,'Ov,i , A, //- '09 19 Al
GARy.e. J%1.cAW. RDst'RT h_ FRTt1Li S
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
63
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of 8j4 y 2003 before me, the undersigned
officer, personally appeared 7,9016-5 1 . /,'+Paur fXIP
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
aforesaid.
My Commission Expires:
NOTARIAL
RAYMOND J. RESTAGP
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ?-tL? l?'A-
On this, the L'4 day of yw/9 e 2003 before me, the undersigned
officer, personally appeared ?o dN T. tf?PCG' P T 7,e, ,?l,vp
?AT.'I?i7J9?P/L/R1
-014/-X
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and y aforesaid. t(j Notaryry Public 9
m
My Commission Expires:
Township, Cuml
mission Expires
BOOK 7/23 PAGE 639
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the % day of &A Y, 2003 before me, the undersigned
officer, personally appeared G,tFrci?'gFw OR'P'a
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day an(kyear aforesaid.
Notary Publi
NOTARIAL
My Commission Expires: RAYMOND J, RESTAGP
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C -%I Z
Nov.
On this, the y day of 1!21 - 2003 before me, the undersigned
officer, personally appeared 110A110
6E0 r- .4 0 J- ),'?wT
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and afores
Notary blic
My Commission Expires: NOTARIAL SEAL '''
RAYMOND J. EESTAGNO Notary Pt1pJCa
BOOK 723 PAGE 640;;
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF L4t l?
On this, the 11°41? day of /n 4 2003 before me, the undersigned
officer, personally appeared 9%?/?.E r- wb j2
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day angypar aforesaid.
My Commission Expires: NOTARIAL
I RAYMOND J. RESTAGP
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C rs"t -?
On this, the Y t day of MA Y 2003 before me, the undersigned
officer, personally appeared //fit=LAN Sr eA = T ,; R '9"'A
/r'/}Tif.Cyn/ X, S7-X,4-7,-
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
Notary Public I
NOTARIAL SS,
My Commission Expires: RAYMOND J. RESTAGNO, Notary' FNl
Hampden Township, Cumberland CoUUty
My Commission Expires Nov. 8,.2003;
c,
BOOK '723 PACE 64 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF c'`??-A-
On this, the day of NA y
2003 before me, the undersigned
officer, personally appeared ygRoc y R IuT?TER S ZLZ'6: ? +?/lNT P s pll"?//R?L
(r tugrsonl' , ('d Iczn R Wa-I-coni e<AY"IV A 5*Yo1 2 '0'f'e" S.vy r
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day an?ar afores
lG
Notat Pub c
My Commission Expires:
MYMOND d.1'tSTA P:D, r ?l y r 1 +• , ?'
1'I I,xfenTatn ,i1p.. C ,:n'r)u, ;0 „h
COMMONWEALTH OF PENNSYLVANIA hiy Ce:nW.1ZCv; E,pi:e, P cv. 8, ?:w 3'
COUNTY OF
On this, the day of M54 Y 2003 before me, the undersigned
officer, personally appeared UggX 7: PgZW 0 /11A4 CZ4 0, DrPEw
joNN ,S! STR tff7TE C 7 XFSG)T L• ST,P TTA
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires: 4-
BooK 723 PAGE 642
r.. -
NUTp.R1AL 91t I w
RAYAM0%ND J. RESTAt MD (vv.1 y Pubil? , a`,
1-larnpdenTowuh1p curnbet6,ndCc
My Comnrlsslon F?Rlres ISnv. tl n3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF k? -
On this, the SA day of ZRY , 2003 before me, the undersigned
officer, personally appeared M. maoHAEt Al. ieXA/J/. L•lf, -j'o y A. aLLa._Z'EG
(_'f1. ZH5 dll oG/LE.e OX,96EGTNc s ,?OCHEf
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
Public
My Commission Expires:
SERI '
Hampden Township,CurnWiand. •,<°
t't ..
My Commission Exphes No¢ B!
, 20
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the _ A day of 1?1A y 2003 before me, the undersigned
officer, personally appeared Ear< <v . xp(L Y, 2 2d& 6 -s
/t1o/'LeT3sAtr y.
DAUio yH L z lJic c !?i4FaFyN d1. L ZODicY ®A?/Lr! ?o ?irivwT. Z.0A 17A SyKfS-I*CEY
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
My Commission Expires:
B00K 723 PAGE 643
Noiorypu?lbtic ;'"' -
nrland Co!ixy,
Nov. 8, 200.?' '
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C "A'"'k• )-
On this, the ! day of 1,Vw y , 2003 before me, the undersigned
officer, personally appeared XfXo ,4 C? ye kxe er L• 11fok,fs e Awl
/17 S?1 SA /?.P?,S?? ? sla,ES !? O.?,sBNy l'iP/ftNK Al ?X.u.AtE.Q
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day ancYye?[r afores
r/ f1i1 ' ,Aj1z:
r-,..
Notary Pubife
My Commission Expires:
flAY?40tdD d, (iE$, fr;:i?d0, ?!i+'ary f111k`!,? . ;'...
hampdan Trnans o, Curnber4i M C
COMMONWEALTH OF PENNSYLVANIA My com, Inhim Upkes Nor. 8.2
COUNTY OF Cam- `^ L
On this, the day of 2003 before me, the undersigned
officer, personally appeared /?ry?yFS. ANNA?3 -:OFF ii9. ?it?iY.Pr1? G?C?cr
L CLNNTN/ f/A?i1 /?avNico E ?P1rPcz y? /°.d?,rrs? iea?i°c z, ys,?cr
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
BOOT, 723 PAGE 6
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the k #? day of Ah*
2003 before me, the undersigned
officer, personally appeared 4!U gAd e L?? -, CQ?o?yr? [ ?nv?•z
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and aforesaid.
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF C Ie????
On this, the ?"A day of M.4Y 2003 before me, the undersigned
officer, personally appeared tier aec T- ?ay1C? frrAcrd-4essaA;<-e-
AA1,f 4f ?- C,GTSLJ?-? ?_r 7",gMM y S S/ry?'T/?? .eYr??K D Sl,?^i'Tfir
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
Notary Public J Prt;?
My Commission Expires:
KNOTARIAL
SFAI
D I RESTAGNO
, Notary Public Tr hip, Cumberland County
BOOK 723 PACE (35 MISSIon Expires Nov, g 2L
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the L day of MA y , 2003 before me, the undersigned
officer, personally appeared RoL--x,T N. IP001T yk, 4,eZ-e?C- iAtc gyo«srA ChfNrvT??
YFFLLAYDtlZ'TfI VxYl'AH? ?' ?d?AI??Sz'?7'.d?ENP-.9.CaD??
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C-..- C a /- e
On this, the day of r71A y 2003 before me, the undersigned
officer, personally appeared Tod& ?, co NV??F .C?AREN A Coivvz -z F
? Tz v.4
A 7114L,*6szito5, dAK&-z-"e4-7r,', ST-YcAIA. &AyE
TTi4 ST-?YCNE-PRpGE
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
BOOK 723 RAGE 646
NOTARIAL SEAL
RAYMOND J. PESTAGN0, Notary PuhIt
Hampden Township, Cumberland Counly
My Commission pires Nov. 0, 2003
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the 9 day of N/ 2003 before me, the undersigned
officer, personally appeared ?v??y y 1rg ye?STER? E/?JZi y ,¢ ,[iyn?c fs?_
.710AV / OA iI.M /D R1.O1 A//_ .Ad umn w/n
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (_-I w z'-' h ^ d
On this, the ZO ?'4 day of 2003 before me, the undersigned
officer, personally appeared p/. (F "s
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
My Commission Expires:
RAYMOND J. RE:
mrtTdssi hl 723 PACE 647
r My
Nov. B. 20$3,-j;:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the ?d A day of f.g / 2003 before me, the undersigned
officer, personally appeared 1/aSuDNd C. f:97tL 4,V'V X-'OKILA
V jl?fl TEL
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF -?? -?
On this, the / 4 /? day of 2003 before me, the undersigned
officer, personally appeared iPc b'6- re. T ({ . S Tt y c YI/S /i NU
XV Z: 114p7 D /r • S 7-Z:71,r 44-C'
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
Boom 723 PnE 648
NOTP.RIAL 0
?,;' ,
RAYMOND J. RES1AfN0 t ?;i?d?
Hampden Taunshlp. Cum r;?e ; .r;-,
my Cmtsslon Expires Nar. t;,
C•'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the /d 4 day of &'-/ / , 2003 before me, the undersigned
officer, personally appeared ry D ky OYEF
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF G"?L?4 /°-C-j
On this, the 1?!? day of _?? ,' / 2003 before me, the undersigned
officer, personally appeared Tyoowd r r.. f 4,1e7Uw - 9- G«xy /N•
ff /9RTdN/,=
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
BOOR 723 PACE 6
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C t'
On this, the /o? /'/r day of - 2003 before me, the undersigned
officer, personally appeared ; D HN A f%?S s.4 ?v o A Np .j oV;vET L
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day an y ar aforesai .
Not4y is Rw„
My Commission Expires: RAYPAOMD J?RESTAGNO N?ory i
n Townshipp, Cumberland
6dyCommtsslonExplres Nov. 8„
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of (r , 2003 before me, the undersigned
officer, personally appeared , ".,V ? . AWIP 7-ZS z 2Z7 of y4
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
Notary
My Commission Expires:
NOTARIAL SE,nt,'
RAY&4ONDIRESTAGtIn, Aotkr' C G '?
Hampden Township, C r her t • ,?'
t4yGammisslonExphw t+v:. ;:
BOOK 723 PAGE 650.,»_.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the _ o`ff'/' day of _4r z 2003 before me, the undersigned
officer, personally appeared 'eZ6,90xy L .PET ?? /lN,D
J?4* .0 "7 n/
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF " I` '-/
On this, the 4/7?4 day of `y/,QX 2003 before me, the undersigned
officer, personally appeared t y_ r r/ /) pyLr '410,0 e/?VUDSA Aq
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and/9gar aforesa'd.
Notary P blie
My Commission Expires:
BOON 723 PACE 651
c
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF c`-"" t'° I- Z
On this, the L/ day of zw* y 2003 before me, the undersigned
officer, personally appeared /j/?IV/` c l' DRS z Ari?/Y /9x?d
TE/? L /,!E o e(?? AiyvN
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day 3dar afores 'd.
ublic
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF <.._„ to- / -1
On this, the -day of AV A y , 2003 before me, the undersigned
officer, personally appeared 7'/1om,# s T LLI?-.Z-A /AND
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
b00K, 723 PAGE 65:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C--" w I , ?
On this, the P* day of _egu-y , 2003 before me, the undersigned
officer, personally appeared VAIZ?11-7 L g14-L-^4n? A*'D
7!l?.?/1 .9. Bl4L/1/,N
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day IVA eyear 'sand.
mot-q Pnhll . ?(p¢?
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C---.,-. t,.-- I. h ,?
On this, the yy+ day of X 2003 before me, the undersigned
officer, personally appeared 1 -SPtry $r/- ? i9toBS A/W
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and year aforesaid.
Notary public(/
y
My Commission Expires: NOTARIAL SEAL
RAYMOND J. RESTAGNO, Notary Pubil
Hampden Townshipp, Cumberland Cwnry'
My Commission Fxpkas Nov. 8, 2003 , °"
BOOK 723 PAGE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the y day of IV4 2003 before me, the undersigned
officer, personally appeared k 8 ?L rss tirx AND
5[,SA41 07. 1Az&3*.r*&- C
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day anres 'd.
Notary Public
My Commission Expires: I NOTARIA!.'
RAYMOD4Q J. RfS ? .1'dQ,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the day of 2003 before me, the undersigned
officer, personally appeared zgez? 114 ? Lek
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
ezmk afore 'd. .
Notary ublic
My Commission Expires:
BOOK 723 PAGE 654
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C ?' i"j-
On this, the _iY Y(A day of * 11-y 2003 before me, the undersigned
officer, personally appeared '&D An/D rd S No .4 nia
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ?w (6? fit. ?L
On this, the I A day of ,#WA y 2003 before me, the undersigned
officer, personally appeared y L. C.Pa ss
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and
aforesaid.
Not Public
My Commission Expires:
dooK 723 PnE 655
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF < .- 1, --</
On this, the .?S day of
officer, personally
2003 before me, the undersigned
/yE/??ONS
known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the some for the purposes
therein contained.
WITNESS my hand and notary seal the day and/yfar aforesaid
Notary PubIic?
KlarA,RIAL SEAL
My Commission Expires: RAY4 I RMTAW, hbla y Nu6t(c
Ft IIIW= d Ca p
COMMONWEALTH OF PENNSYLVANIA
COUN'T'Y OF
.q
On tbis, the --?, _day of
4?- 2003rbefom me, the undersigned
officer, personally appeared _ Cr ( r, L. s. known to me (or satisfactorily proven) to be the person whose name(s) is (are) subscribed to the
within instrument and acknowledged that he (she) (they) executed the same for the purposes
therein contained.
WITNESS my hand and notary seal the day and year aforesaid.
Notary Public
My Commission Expires:
Notaft seal
EAm G thwnbad tJ?ryPubk
Mshug Bono.I County
My Cammisslon E?ires Mar. 'E t, 2007
M?nWG F?e1Mq+l?aNaA?oote9an ?.: Nuirr
BOOK 723 PAGE 656
??, ? ??? ?
I ?-
I t
Ilanrpden "t'ownship
Board of Cotnnllssloorm
\Irlvvn ?'_ 1:1611,0swit" 111" i clll
wni ,i ll ctntl r.ls. \ln• I'le'10-111
\rcin IY 19n1k
I o n i, d? l I t. Nil I -n111n
\Iln It 11 101.11lodk
I.... o.011, Manager
luhn l l u'. a lloc'. II
January 28, 2003
Jane M. Alexander, Attorney at Law
148 South Baltimore Street
P.O. Box 421
Dillsburg, PA 17109-0421
Dear Attorney Alexander:
This is in response to your correspondence dated January 22, 2003 in which you requested a
letter from 1-lampden Township stating that the Township does not intend to seek dedication
of the recreation area in Deiniler Manor to the Township for recreation purposes. Please
accept this letter as assurance that the recreational area, as depicted on the Final Plan No. 2 ol'
Deimler Manor, recorded at Cumberland County on June 6, 1978, has not been dedicated to
the Township for its use nor will the Township seek dedication in the future.
Tile Township poses no objection to the legal use of this land by any legal owner. I l'you have
any additional questions, never hesitate to contact me.
SincerOY,
u
l
O 79 G. BRAD JR.
I' w11 p Manager
c: Board of Commissioners
Glen R. Grell, Township Solicitor
EXHIBIT I'D"
230 S. spurting Hill Road Mechanicsburg, PA 17050-3097
E-Mail ha,tipdeo@twp.hamlxlen.pa.ac Website hop:Niwp.hmnpden.pn.us FAX (717) 761-7267 TDD (717) 214 1162
Administration (717) 761-0119 Ambulance (717) 761-5343 Police (717) 761-2609 Recreation (717) 761-4951
f
_-1
THOMAS J. HARTUNG and
CLARA M. HARTUNG,
Plaintiffs
MICHAEL L. MAHAR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1796 Civil Term
CIVIL ACTION - LAW
ACTION TO QUIET TITLE
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Kindly enter my appearance as attorney for the defendant in this matter, Michael L. Mahar.
Dated:
SAIDIS, FLOWER & LINDSAY
BY 1
Thomas E. Flower
S.Ct. #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405
- ,
_ _,
'?
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 Civil Term
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
NOTICE TO PLEAD
TO: THOMAS and CLARA HARTUNG
C/O BRIAN C. LINSENBACH, ESQ.
SCHRACK & LINSENBACH LAW OFFICES
124 W. HARRISBURG STREET, PO BOX 310
DILLSBURG, PA 17019
You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20)
days from service hereof, or a default judgment may be entered against you.
Dated: D
SAIDIS, FLOWER & LINDSAY
By: ?uL2C?
Thomas E. Flower
S.Ct. #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 Civil Term
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
PRELIMINARY OBJECTION
AND NOW, comes the defendant, Michael L. Mahar, by and through his undersigned attorneys
and raises the following Preliminary Objection in the nature of a demurrer to the plaintiffs'
Complaint, pursuant to Pa. R.C.P. 1028(a)(4):
1. Plaintiffs commenced this Quiet Title action by Complaint bearing the date March 28,
2006 (Copy of Complaint attached hereto as Exhibit "A").
2. In the Complaint, Plaintiffs state that by deed dated January 26, 2001 they purchased at
Cumberland County tax sale Lot 30 of the Daimler Manor Subdivision, located in Hampden
Township, Cumberland County.
3. Plaintiffs state that the plan of the Daimler Manor Subdivision is recorded at the Office of
the Recorder of Deeds for Cumberland County and bears a notation designating Lot 30 as
"Recreation Area."
4. By designating Lot 30 as "Recreation Area" on the recorded subdivision plan, the
developer subjected Lot 30 to a servitude and created a corresponding privilege for the benefit
of- and appurtenant to the remaining lots in the Daimler Manor Subdivision.
5. Plaintiffs state that Defendant owns Lot 28 of the Daimler Manor Subdivision.
6. Plaintiffs' facts establish an implied covenant restricting Lot 30, as the servient parcel, to
a recreation area, and a corresponding easement or privilege appurtenant to Defendant's Lot 28,
as the dominant tenement.
7. Plaintiffs seek a discharge or extinguishment of the servitude, but the facts alleged, if
true, do not entitle Plaintiffs to the relief they seek, under any legal theory:
a. Defendant's right is not affected by the developer's failure to pay real estate tax and
the subsequent conveyance of Lot 30 to Plaintiffs by tax sale.
b. Defendant's right is not affected by the fact that the Township did not require the plan
restriction of Lot 30 as a condition for subdivision plan approval.
c. Defendant's right is not affected by the fact that the developer did not convey Lot 30 to
the Township or a homeowners' association.
d. Defendant's right is not affected by the fact that all other dominant tenement owners
(except the defendant) have released their rights to the servitude by agreement with
Plaintiffs, which agreement has been recorded.
e. Defendant's right is not affected by Plaintiffs' assertion that they claim Lot 30 as their
own to the exclusion of all others and paid the real estate taxes.
f Defendant's right is not affected by the fact that no one but Plaintiffs uses Lot 30.
WHEREFORE, the defendant prays this Court grant his Preliminary Objection by way of
demurrer and dismiss the plaintiffs' Complaint.
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
Dated:
By: ? u?? ???ti?7
Thomas E. Flower
S.Ct. #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405
TIIO111AS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY PENNSYLVANIA
f1
Plaintiffs' ; NO. G?(4 - j') 9L
,f
AflCHALL L. NIAIIAR, CIVIL ACTION -:LAW
Defendant ACTION TO QUIET TI LE
NOTICE
You have been sued in count, Wyou wish to defend yourself against the claims set forth in
the following pages, you must take action withintwenty (20) days alter this Complaint and hlotice
court your defenses, or objections to the claims set forth against you, You are warned that ifyou 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 othcr rights important to you
'Y'OU SHOULD TAKE THIS PAPER TO YOUR LANV'YER AT ONCE. IF YOU DO
A LA'N` ER.
CUMBERLAND COUNTY BAR G) NTER,
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephoner (717) 249-3166
IF YOI.I"C:ANNOT AFFORD TO HIRE A LA'W'YER, THIS -OFFICE MAYBE ABLE
TO PROVIDE YOU WITH Ii FORMATION ABOUT AGENCIES THAT MAY OisFE'R
LEGAL SERVICE S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE-
MID-PENN LEGAL SER'aI CES
8 Irvine Row
Carlisle, Pennsylvania 17013
Telephone; (717) 243-9400
I COPY FROM RECORD
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THOMAS J. HARTUNG and LN THE COURT OF COMMON PLEAS OF
CL.AGR.4.`M. H ARTtWG, CUMBERLAND C(7T_iN'I Y PENNSYLVAINTIA J
Pjaint Ff3 NO. .
AUC'ILAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
COMPLAIN
AND NOW, this 4Y' of 41r 4? ? 2006 comes the Plaintiffs
,
THOMAS J. PLALRTLTNG and CLAR A M. H ARTUNG, by and tlazough their attorney, Brian C.
,
Lihsenbach, and files this Complaint and avers the folloiving;
1. The Plaintiffs, 'Thomas I. Ranting and Clara ?tit. -Hartung are adult mchvrduals
currently residing at 826 Anthony Drive 'Mechanicsbnrg, Cumberland County, Pennsylvania, ?.
1 The Defendant, Michael 1,. Mahar; is an adult individual believed to be residing at
U2 Anthony Drive Mechanicsburg, Cumberland County, Pennsylvania. ; .
,
a. The. Defendant,'ivlichael L Mahar is the owner- of record for the property located at
822 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is Lot No, 28 in the
Deimler Manor subdivision;
4. The said Plaintiffs above are owners ofLot No. 30 in theDeinrler Manor subdivision. F:
located in llainpden '1 mvnship, Cumberland County, Pennsylvania which subdivision plan is
recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 33, at Page 10
and dated August 5, 1977. ("Subdivision.Plan")
5. The Subdivision Plan contained a note or a reference on Lot No. 30 that it slated
simply "Recreation. Area". The Recreation Area was not listed or referenced as an easement on the
Subdivision Plan.
j 4. It is believed that during the planning Process, Lot.No. 30 was discussed as possibly
being set aside as a recreation area.
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7. Jbc resignation ofa recreation area was never a condition of the subdiAsion plan. i<
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8, The plan -was approved without the condition that Lot No. 30 be designated as a
recreation area
a.
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t No. 30 was never set aside by the developer as a recrcat oci area
IV, me developer and his engineerfkledtoremovc fire xvords 'Recreation Area" off of
Lot No. 30 on the plan before filing.
11, ilre developer nevertransfetred Lot No. 30 to a Hotrteowrners Assooiatlon.
12. The clevelopernever transferred Lot No 3d t --f-
? o e awnship.
13-
j Mere is no public record of any transfer of Let No. 30 to any twee c)3' Homeow
,
e
n
r
association or to the Township.
14. A Tax Claira Bureau deed, dated ,ia Lary 26, 2001. in which o,?v?tershtp was
transferred via a;tax sale to Thomas J Hartung 'and Clara M
H
h
a
d
i
.
ar
u
g,
escr
bed the subject aromas
being, designated a "recreation Area" on the subdivision plan. The Tat: Claim Bureau deed als
o
made no mention of any restrictions on the subject area. A copy of the Tax Churn Bureau deed
Ma(
Is
hereto as Exhibit "A" and made a part hereof.
15. After acquiring Lot No. 30, the said Plaintiffs did attempt to have Defendant a e
e
to a termination of the easement, if said area is considered such. A copy of this attempt, through
letter correspondence sent by the Pl
intiff
'
a
s
attor fey, Jane M. Alexander, Esquire, is attached hereto
1 as Exhibit "D° and made a, part hereof
16. All other interested and affected parties have q:reed to a ienninationof the casement
inregard to the said "Recreation Arca", Which Agreement is dated .April 1, 2003, and recordtd in
the ,Office of the Recorder of Deeds of Cumberland C
t
i
D
i
oun
y
n
oo
t 723 at Page 616, A copy- of the
Agreement is attgcbed hereto as Exhibit "tC" and made apart hereof.
17. It has been averred by Hampden Township, through their letter correspondence of
J
" i
anuary 28, 2001 that the
Recreation Area" was not dedicated to the Township For its use nor will
the Township seek future dedication. 'F'urther, the Township has no abjection to the said land's use
by-the legal owners, the P.lainttffs herein. A copy ofsaid avtmtent is attached hereto as Exhibit "D"
and made z part hereof
r;
18, Plaintiffs have maintained Lot No. 30 as their own property to the exclusion of all
others. ?
YSk?vt 19. Plaintiffs have paid all the property takes for Lot No. 30.
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to -
w.`" 'i 9 ?tithf i
? e .
?R3" r' ,? . t tmt?t
{7 .. OChernn Plaitrftffs, n' o.p 6n;ots or entity has maintained or used tlte.pmperty:
NVIMREFORE,,PWrrff prays your IIonorable Court to enter a decree terminating, any,
possible,righls in %hich:the nefendvtt, his Heirs or assigns may have orh2ve had regarding the use
of this lot as $:recxeation area, and further decree that the Defendant, his heirs and assigns be
perpetually enjoinedtfrom setting up any title-from said premises, for impeaching, denying or in any
way:amioldug the P'laintiff's' title to said property, from issuing or maintaining am ejectment action
for said premises, and/or from encumbering, mortgaging or conveyance of the same or any part
thereof Furthermore, the Viaintiff s pray^your Honorable Court to declai-e that title to said premises
1 shall be quieted and confirmed that the title to said premises is in the Plaintiffs and the Plaintiffs
i alone, and further that ttic Plaintiffs be allovued to enjoy said property y:ithout interference from the
Defemdant, his heixs or assigns or any other persons.
Respectfully submitted:
SCHRACK R UNSENBA.;ff LAW OFFICES
By:
BRIAN C. LINSENBACH, ESQUIRE
i. D. No_ (87360)
Attorney for Plaintiffs
124 West Harrisburg Sheet, P. Ot Box 310
Dillsburg„ PA 17019
Telephone: 717-432-9733
FzX: 717-432-) 053
l regiment, made this _ day of d 2003
+F WR
bythe undersigned parties being the owner(s) of the lot indicate by my (our) name(s) said I
being situate in the Township of Hampden, Cumberland County, Pennsylvania and being one of
t}?e lots in Final Plan Number 1 of Daimler Manor, said plan being recorded in the o$lice of the
Recorder of Deeds of Cumberland County in Plan Book 23, page 122 or in the Final Plan
Number 2, Part of Section E ofDaimler Mianor, said Plan being recorded in the Office of the
Recorder of Deeds of Cumberland County in Plan Book 33, Page 10, hereinafter "'Lot Owncr(0
and Thomas 1. Hartung and Clara M. Hartung, owners of a 1,868 acres, more or less, tract of land
in said Daimler Manor designated as "Recreation Area," hereinafter, "Hartungs."
Recitals
97HERE4S, the undersigned "Lot Owncr(s)" is (are) the owner(s) of a lot conveyed out
of the tract of real estate known as Plan No. I Daimler Manor, recorded in Plan Book 25„page
122 or Plan Number 2;: Section II, Deimler Manor, recorded in Plan Book 33, page 10; and
R71EREAS, the said 1. P68 acre tract of land is owaed3n'fee simple by "`I3artungs
acquired by deed dated 'January 26, 2001 and recorded in the office of the Recorder of Deeds of
Cumberland' Counts', Pennsylvania in Record Book 238, page 461, a copy of said deed marked
Exhibit "A" 'is attached hereto and made a part hereof; and
WHEREO, there is a designation of "Recreation Area" on the said 1.868 acre tract
owned by "Hartungs" on the said subdivision plan creating an implication that an easement was
granted for the benefit of property owners in Final Plan Number l or Fiscal Plan Number 2, ;part
of Section E of Deimler Manor; and
AWEKE4,S, the implied easement'has not triateriaacd and the araa has never been used
for recreation; and
ITWERL.4S, the Township of Hampden has not accepted and/or maintained said tract on
behalf of the Township and has no intention to seek dedication in the future as confirtned by their
BOOK,, '723 GALE 616
EXEIBIT "C"
i ,........ ... ?.... r. nn va w.... +
and other good and valuable considerations and intending tote legally, bound hereby, promise,
mod, declare, and agree as follows:
1. The undersigned Lot Owner(s) certifies and represents that they are the oumers
of the lot together with the improvements thereon erected, any, the number of said lot being
noted on the lines below his/her/their signature(s):
2. Die undersigned Lot Owner(s) agree(s) that the desigataion of-the said 1:868
acre auci of land as "Recreation Area" as shuAu on Final Plan No. 2 of 17eimler Manor recorded
in Plan Boot: 33, page 10, which is incorporated herein by reference, shall hereby be terminated
and he of no force and effect.
3. The undersigned Lot Chv er{s) by these presents has (have) abandoned; I
released, and discharged, and by these presents do(es) hereby aNmdorn release, and discharge all
that ecrtam implied easement; granted to aim (her) (them), in the said 1 868 acre tract of land as
recorded in Plan Hook 33, page 10.
a- This agreement shall rem with the land and be binding upon the partics`hereto,
their heirs, executors, successors, and assigns.
LV WInWSS WHEREOF, the said parties hereto, intending to be legally bound hereby,
have hereunto set their hands and seals fhe day and, year above-written,"
Witness: - Lott No- 01 Reim ler Manor
Thomas 7. lTaitu
F ?^/ -r (Seal),
r? G Clara M. Haraing
4: address: 826 Anthonv Drive
1 Mechanicsburg,?A 17050
na, / 2 a 1' rx EA 7
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 Civil Term
MICHAEL L. MAHAR, CIVIL ACTION-LAW
Defendant ACTION TO QUIET TITLE
CERTIFICATE OF SERVICE
On this 18h day of April, 2006, I, Thomas E. Flower, hereby certify that I served a true
and correct copy of the foregoing Preliminary Objection, upon Brian C. Linsenbach, Esquire,
attorney for the Plaintiffs, by placing a copy of same in the United States Mail, first class,
postage prepaid, addressed as follows:
BRIAN C. LINSENBACH, ESQ.
SCHRACK & LINSENBACH LAW OFFICES
124 W. HARRISBURG STREET, PO BOX 310
DILLSBURG, PA 17019
Dated: v?
SAIDIS, FLOWER & LINDSAY
1 ?
By:?u lfij'I
Thomas E. Flower
S.Ct. #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405
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THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 CIVIL TERM
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
ANSWER TO PRELIMINARY OBJECTIONS
AND NOW, comes the Plaintiffs, THOMAS J. HARTUNG and CLARA M. HARTUNG,
by and through their attorney, Brian C. Linsenbach, and files the following response to Defendants
Preliminary Objection:
1. Admitted.
2. Admitted.
3. Admitted in part, denied in part. It is admitted that Plaintiffs state in their Complaint
that the plan of Deimler Manor Subdivision is recorded at the Office of the Recorder of Deeds in and
for Cumberland County, but it is denied that Plaintiffs stated that it "bears a notation designating Lot
30 as Recreation Area". Plaintiffs' Complaint states in actuality under Paragraph 5, "The
Subdivision Plan contained a note or a reference on Lot No. 30 that it stated simply Recreation Area.
The Recreation area was not listed or referenced as an easement on the Subdivision Plan", Plaintiffs'
Complaint only stated that there was a note or a reference on the Lot that stated simply "Recreation
Area", not that there was a notation designating the Lot as a "Recreation Area".
4. Denied. Simply having the words "Recreation Area" on the recorded Subdivision
Plan does not in of itself designate the Lot as a recreation area or subject the Lot to a servitude for
the privilege of the remaining lots in Deimler Manor Subdivision. The words only create a cloud
on the title because of their ambiguity and lack of specifics as to whether or not a servitude was
created and who exactly the servitude was created for.
5. Admitted.
6. Denied. Plaintiffs' facts establish only that there is a cloud on the title, specifically
SCHRACK & to determine the meaning and the validity of the words "Recreation Area" and whether any right or
LdN$F.NBACH interest attaches thereto and the extent of that interest, if any. Thus, creating the need for the Action
I.AW (>FFl[ES
to Quiet Title.
7. Denied. The Plaintiffs seek Quiet Title to the property because of a cloud on the title,
namely the words "Recreation Area" stated on the recorded Subdivision Plan. Plaintiffs seek to
determine the meaning of the words "Recreation Area" and to what extent any other person has
interest in the property via the words on the recorded Subdivision Plan.
a. Denied. Defendant's alleged right is affected by developer's failure to pay real estate
taxes and the subsequent conveyance of the lot to Plaintiffs by tax sale. The
developer and the Defendant failed to protect any interest they might have had to the
lot and lost all interest through the tax sale.
b. Denied. Defendant's alleged right is affected by the fact that the Township did not
require the lot to be set aside for recreation as a condition of the Subdivision Plan.
Since the Township did not require the property be set aside as a recreation area, the
Township gave up all right, title and interest to the property as well as its citizens
right, title and interest to the property. Further, if the only reason "Recreation Area"
was listed on this Subdivision Plan was for the benefit of the Township and not for
the residents of Deimler Manor, Defendant has no right, title or interest in the
property.
C. Denied. Defendant's alleged right is affected by the fact that the developer did not
convey the Lot to the Township or a homeowners' association. If in fact the lot was
supposed to be for the benefit of the Deimler Manor lot owners, the developer would
have conveyed it to a homeowners' association, which would then have been
responsible for the lot. The lack of conveyance indicates that the lot was not to be
set aside for a recreation area. Developer's rights and interest, as well as any person
claiming through him, in the Lot were extinguished through the tax sale. As such,
since there was a failure to convey it to the homeowners' association, Defendant's
cause of action for loss of any recreation area is against the developer. His cause of
action against the developer does not entitle him to any right and interest in the
property.
d. Denied. Defendant's alleged right is affected by the fact that all other lot owners,
except for the Defendant, have released their rights to the property by agreement. If
in fact the lot owners were an association and by majority decided to give up the
recreation area, Defendant's right would be extinguished as well.
e. Denied. Defendant's alleged right is affected since Defendant has failed to contribute
SCMUCK & any maintenance, upkeep or taxes prior to or after Plaintiffs' ownership of the
L IN5LhW (1F property. Any alleged right Defendant might have had to the Lot was extinguished
r snCtt c"
at the tax sale through Defendant's own failure to preserve any possible right or
interest. If Defendant had a right or interest in the property, Defendant had a duty to
preserve that right or interest yet failed to do so. Further, Defendant should not be
allowed to claim an interest or right to use a lot for which he provides no contribution
or consideration.
£ Denied. Defendant's alleged right is affected by the fact that Plaintiffs claim the lot
as their own to the exclusion of all others and as such has filed this Quiet Title Action
to confirm that aspect.
WHEREFORE, Plaintiffs pray this Court to deny the Preliminary Objection filed by
Defendant.
Respectfully submitted:
SCHRACK & LINSENBACH LAW OFFICES
By:
BRIAN C. L SENBACH, ESQUIRE
I. D. No. (87360)
Attorney for Plaintiffs
124 West Harrisburg Street, P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
SCHRACK &
LiNSENRACH
LAW OFHCPS
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 CIVIL TERM
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
CERTIFICATE OF SERVICE
I, BRIAN C. LINSENBACH, ESQ., of the law offices of SCHRACK & LINSENBACH,
certify that I have served a copy of the Answer to Preliminary Objections, upon the Plaintiffs'
attorney by U. S. Mail, First Class Postage Prepaid, as follows:
Thomas E. Flower
SAIDIS, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
I verify that the statements made in this Answer to Preliminary Objections are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unworn falsification to authorities.
e
Date BRIAN C. LINSE ACH, ESQ. (87360)
SCHRACK & LINSENBACH Law Offices
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
SCHRACK &
LINSENBACH
LAW OFFICES
1 L?
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01796 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARTUNG THOMAS J ET AL
VS
MAHAR MICHAEL L
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
MAHAR MICHAEL L
DEFENDANT
the
at 2045:00 HOURS, on the 30th day of March , 2006
at 822 ANTHONY DRIVE
MECHANICSBURG, PA 17055 by handing to
KATE MAHAR, WIFE
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 11.44
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
39.8 03/31/2006
THOMAS JIM HARTUNG
Sworn and Subscribed to before By:
me this ?y- day of Deputy ?Sheriff
AVld,.,, d ty 4 A. D.
Prothonotary
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
----------------------------------------------------------------------------------------------------- -
CAPTION OF CASE
(entire caption must be stated in full)
THOMAS J. HARTUNG and
CLARA M. HARTUNG
(Plaintiff)
vs.
MICHAEL L. MAHAR
(Defendant)
No. 06-1796 , Civil Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant's preliminary objections Argument to be Briefed on1v.
No oral argument per agreement of attorneys.
2. Identify counsel who will argue cases:
(a) for plaintiff:
Brian C. Linsenbach SCHRACK & LINSENBACH
(Name and Address)
124 West Harrisburg Street, PO Box 310, Dillsburg, PA 17019
(b) for defendant:
Thomas E. Flower SAIDIS, FLOWER & LINDSAY
(Name and Address)
2109 Market Street, Camp Hill, PA 17011
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date:
Signature
Brian C. Linsenbach
Print your name
Date: D, ? L,? Zo
SCHRACK & LINSENBACH
Attorney for Plaintiff
(717) 432-9733
l
THOMAS J. HARTUNG and
CLARA M. HARTUNG,
Plaintiffs
MICHAEL L. MAHAR,
Defendant
C
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1796 CIVIL TERM
CIVIL ACTION - LAW
ACTION TO QUIET TITLE
ERTIFICATE OF SERVICE
I, BRIAN C. LINSENBACH, ESQ., of the law offices of SCHRACK & LINSENBACH,
certify that I have served a copy of the Praecipe for Listing Case for Argument, upon the Defendant
by U. S. Mail, First Class Postage Prepaid, as follows:
Thomas E. Flower, Esquire
SAIDIS, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
Attorney for Defendant
SCHRACK &
LINSENBACH
LAW OFFICES
I verify that the statements made in this Praecipe for Listing Case for Argument 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.
/,;, v
ate
F
BRIAN C. rINSENBACH, ESQ. (87360)
SCHRACK & LINSENBACH Law Offices
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
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THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 Civil Term
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
ATTORNEY'S PETITION TO WITHDRAW
AND NOW, comes the undersigned attorney, on behalf of the law firm of Saidis, Flower &
Lindsay, attorneys for the Defendant, and states the following in support of his petition:
1. In spite of a written fee agreement signed by the defendant, and in spite of repeated
demands for payment and corresponding promises to pay, the defendant has failed to pay his
attorneys for services rendered in the within matter.
WHEREFORE, the petitioner prays this Court grant his petition to withdraw as counsel for the
defendant in this matter, by reason of the defendant's nonpayment of fees incurred.
Dated: 5
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
By:
Thomas E. Flower
S.Ct. #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405
1
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THOMAS J. HARTUNG and
CLARA M. HARTUNG,
Plaintiffs
V.
MICHAEL L. MAHAR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 06-1796 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of February, 2007, upon consideration of the Attorney's
Petition To Withdraw, a Rule is hereby issued upon all parties to show cause why the
relief requested should not be granted.
RULE RETURNABLE within 14 days of the date of this order.
BY THE COURT,
I V,//, /Z
Jj esley OW, Jr., J.
?rsrian C. Linsenbach, Esq.
P.O. Box 310
Dillsburg, PA 17019
Attorney for Plaintiffs `
v "omas E. Flower, Esq.
2109 Market Street
Camp Hill, PA 17011
Attorney for Defendant
:rc
g ! VINVAI1 .SWd try
1 C :01 WV C 1 833 LODZ
?0i??o-(.lm
THOMAS J. HARTUNG AND
CLARA M. HARTUNG,
PLAINTIFFS
V.
MICHAEL L. MAHAR,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-1796 CIVIL TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANT TO
PLAINTIFFS' COMPLAINT
BEFORE BAYLEY, J.
ORDER OF COURT
AND NOW, this day of March, 2007, the preliminary objection in the
form of a demurrer to plaintiffs' complaint, IS DISMISSED.
,/Bfrian C. Linsenbach, Esquire
For Plaintiffs
?r""mas E. Flower, Esquire
For Defendant
:sal
By the C ,
Edgar B. Bayley, J.
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THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 Civil Term
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes the undersigned attorney, on behalf of the law firm of Saidis, Flower &
Lindsay, attorneys for the Defendant, and states the following in support of his motion:
1. On February 13, 2007 this Honorable Court, issued a Rule upon all parties to show cause
why the undersigned movant's petition to withdraw should not be granted.
2. The said Rule was made returnable February 27, 2007.
3. Copies of the petition and of this Court's Order were mailed to the defendant.
4. The undersigned movant also explained the significance of the Rule to Show Cause by
email and telephone voice-mail message to the defendant.
5. No opposition has been raised to the movant's petition to withdraw.
Local Rule 208.3(a):
6. The Hon. J. Wesley Oler issued a Rule to Show Cause upon the undersigned attorney's
petition to withdraw.
7. The Hon. Edgar B. Bayley issued an order dismissing the defendant's preliminary
objection in the form of a demurrer.
8. The plaintiff's attorney, Brian C. Linsenbach, concurs in this motion.
r A , M
WHEREFORE, the movant prays this Court issue an Order making the Rule absolute, thereby
granting his petition to withdraw as counsel for the defendant in this matter.
Dated: A7
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
By: 2 6 __: -
Thomas E. Flower
S.Ct. #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405
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MAY 0 9 2M7
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 Civil Term
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
ORDER
AND NOW, this day of U14> 1 , 2007, no opposition having been
raised and the return date having passed, the within Rule is hereby made absolute and the
petition of Thomas E. Flower on behalf of the law firm of Saidis, Flower & Lindsay, to withdraw
as counsel for the defendant, is hereby GRANTED.
BY THE COURT:
Dated:
2007
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TH011r'IAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 CIVIL TERM
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
AFFIDAVIT
BRIAN C. LINSENBACH, ESQUIRE being duly sworn according to law, deposes and
says that he is an Attorney and makes this affidavit on behalf of the Plaintiff, being authorized to
do so; that a Notice of Default, containing a Notice to Defend within ten (10) days of service was
duly served on:
the Defendant Michael L. Mahar,
822 Anthony Drive
Mechanicsburg, PA 17050
by regular mail with 3817 Certificate of Mailing, on April 3, 2007; and also his Attorney
Thomas E. Flower, Esquire
2109 Market Street
Camp Hill, PA 17011,
by regular U.S. Mail postage pre-paid;
ScxxAC?
Luvs . y
LAW OFPICES
and that to date the defendant has not filed an answer in the action.
Sworn to and subscribed to before
e t 1s aiay of AM!Vl', 2007.
SCHRACK & LINSENBACH LAW OFFICES
By:%/,? /C?
BRIAN C. LINS ACH, ESQUIRE
I. D. No. (87360)
Attorney for Plaintiff
124 West Harrisburg Street, P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733 Fax: 717-432-1053
/?/ COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
C Janet S. Gore, Notary Public
Dillsburg Boro, York County
My Commission Expires Oct. 25, 2010
Member, Pennsylvania Association of Notaries
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796
MICHAEL L. MAHAR, CIVIL ACTION - LAW
T44(*
Defendant ACTION TO QUIET TITLE
To: Michael L. Mahar
822 Anthony Drive
Mechanicsburg, PA 17050
Date of Notice: April 2. 2007
Notice sent regular mail with 3817 Certificate of Mailing
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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.
MID-PENN LEGAL SERVICES
8 Irvine Row
fC?IltACK ?
L
Carlisle, Pennsylvania 17013
Telephone: (717) 243-9400
BRIAN C. LINSENBACH, ESQUIRE (87360)
Attorney for the Plaintiffs
124 West Harrisburg Street
P.O. Box 310
Dillsburg, PA 17019-0310
Telephone: (717) 432-9733
Fax: (717) 432-1053
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER 11
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124 West Harrisburg Street
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SCHRACK & LINSENBACH Law Offices
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THOMAS J. HARTUNG and
CLARA M. HARTUNG,
Plaintiffs
MICHAEL L. MAHAR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1796 CIVIL TERM
CIVIL ACTION - LAW
ACTION TO QUIET TITLE
MOTION FOR DEFAULT JUDGMENT
AGAINST DEFENDANT FOR FAILURE TO ANSWER
Plaintiffs, THOMAS J. HARTUNG and CLARA M. HARTUNG, by their undersigned
attorney, BRIAN C. LINSENBACH, ESQUIRE, file this motion for a Judgment by Default against
Defendant, MICHAEL L. MAHAR, and in support thereof aver the following:
1. This is an action to quiet title in which Plaintiffs request that Defendant, Michael L.
Mahar, and any person claiming under Defendant be permanently enjoined and restrained from
asserting any claim or interest in or to real property described in Plaintiffs' Complaint, which was
filed on March 28, 2006 and docketed to the above number.
2. Attached as Exhibit "A" is a Sheriffs Return of Service stating that service was
completed on March 30, 2006.
3. Thereafter Defendant filed a Preliminary Objection to the Complaint on or about March
18, 2006.
4. On May 4, 2006 Plaintiffs filed an Answer to Preliminary Objection.
SCHRACK?
?iivsErt?,cA
LAW OFFICES
5. This Court, by the Honorable Edgar B. Bayley, issued an Order stating that the
Defendant's Preliminary Objection was dismissed. The Order is attached as Exhibit "B".
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6. Pa. R.C.P. No. 1066(a) allows the Court to grant appropriate relief on affidavit that a
complaint containing notice to defend has been served and Defendant has not filed an answer
7. A Notice of Default containing a Notice to Defend within ten (10) days of service was
sent to Defendant Michael L. Mahar on April 3, 2007 by regular U.S. mail with a certificate of
mailing.
8. A Notice Default containing aNotice to Defend within ten (10) days of service was sent
to Defendant's Michael L. Mahar attorney on May 2, 2007 by regular U.S. mail with a certificate
of mailing.
9. Attached as "Exhibit C" is an Affidavit stating that the Notice to Defend filed on May
24, 2007 was sent to Defendant.
10. To date, Defendant has not filed an answer.
WHEREFORE, Plaintiff requests this Court to enter an Order of Judgment by Default
against Defendant, Michael L. Mahar, pursuant to Pa. R.C.P. No. 1066(a).
Respectfully submitted:
SCHRACK & LINSENBACH LAW OFFICES
SCHRACK_ &
IINS Mcx
LAW OFFICES
By:
BRIAN C. L NSENBACH, ESQUIRE
I. D. No. (87360)
Attorney for Plaintiff
124 West Harrisburg Street
P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
CASE NO: 2006-01796 P
SHERIFF'S RETURN - REGULAR.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARTUNG THOMAS J ET AL
VS
MAHAR MICHAEL L
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
MAHAR MICHAEL L
the
DEFENDANT , at 2045:00 HOURS, on the 30th day of March 2006
at 822 ANTHONY DRIVE
MECHANICSBURG, PA 17055 by handing to
KATE MAHAR. WIFE
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.44
Postage .39
Surcharge 10.00
.00
39.83
Sworn and Subscribed to before
me this day of
A. D.
So Answers:
R. Thomas Kline
03/31/2006
THOMAS JIM HARTUNG
By: L
Deputy Sheriff
Prothonotary
THOMAS J. HARTUNG AND
CLARA M. HARTUNG,
PLAINTIFFS
V.
MICHAEL L. MAHAR,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-1796 CIVIL TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANT TO
PLAINTIFFS' COMPLAINT
BEFORE BAYLEY, J.
ORDER OF COURT
AND NOW, this day of March, 2007, the preliminary objection in the
form of a demurrer to plaintiffs' complaint, IS DISMISSED.
Brian C. Linsenbach, Esquire
For Plaintiffs
Thomas E. Flower, Esquire
For Defendant
By the C ,
Edgar B. Bayley, J.
:sal
1
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 CIVIL TERM
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
AFFIDAVIT
BRIAN C. LINSENBACH, ESQUIRE being duly sworn according to law, deposes and
says that he is an Attorney and makes this affidavit on behalf of the Plaintiff, being authorized to
do so; that a Notice of Default, containing a Notice to Defend within ten (10) days of service was
duly served on:
the Defendant Michael L. Mahar,
822 Anthony Drive
Mechanicsburg, PA 17050 --+-
by regular mail with 3817 Certificate of Mailing, on April 3, 2007; an&Also his-kttohk
Thomas E. Flower, Esquire - ,
2109 Market Street
fT_f
Camp Hill, PA 17011,
by regular U.S. Mail postage pre-paid; c
and that to date the defendant has not filed an answer in the action.
SCHRACK & LINSENBACH LAW OFFICES
By:
BRIAN C. LINS ACH, ESQUIRE
I. D. No. (87360)
Attorney for Plaintiff
124 West Harrisburg Street, P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733 Fax: 717-432-1053
Sworn to and subscribed to before
12 R? e is Achy of 0,q!y , 2007.
we Zj yf COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
AR UB . C Janet S. Gore, Notary Public
Dilisburg Boro, York County
My Commission Expires Oct. 25, 2010
Member, Pennsylvania Association of Notaries
THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
To: Michael L. Mahar
822 Anthony Drive
Mechanicsburg, PA 17050
Date of Notice: April 2, 2007
Notice sent regular mail with 3817 Certificate of Mailing
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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.
MID-PENN LEGAL SERVICES
8 Irvine Row
o?
Carlisle, Pennsylvania 17013
Telephone: (717) 243-9400
BRLAN C. LINSENBACH, ESQUIRE (87360)
Attorney for the Plaintiffs
124 West Harrisburg Street
P.O. Box 310
Dillsburg, PA 17019-0310
Telephone: (717) 432-9733
Fax: (717) 432-1053
U.S. POSTAL SERVICE
'3F MAILING
MAY 6E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: BRIAN C. LINSENBACH, ESQ.
SCHRACK & LINSENBACH Law Offices m
124 West Harrisburg Street
.U. box
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One piece of ordinary mail addressed to:
Michael L. Mahar
822 Anthony Drive
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
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PROVIDE FOR INSURANCE-POSTMASTER e ,
Received From: BRIAN C. LINSENBACH, ESQ.
SCHRACK & LINSENBACH Law Offices a 60 ° LIM'rp'D
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THOMAS J. HARTUNG and IN THE COURT OF COMMON PLEAS OF
CLARA M. HARTUNG, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 06-1796 CIVIL TERM
MICHAEL L. MAHAR, CIVIL ACTION - LAW
Defendant ACTION TO QUIET TITLE
ORDER
AND NOW this of 2007, an affidavit of service of th
c complaint
with notice to plead having een filed, and Wno nan wer having been made by Defendant, upon
consideration ofthe motion of Plaintiffpursuant to Pa. R.C.P. No. 1066(a), it is hereby ORDERED
that a judgment by default be entered against Defendant directing that Defendant, Michael L.
Mahar, and any person claiming under defendant are permanently enjoined and restrained from
asserting any claim or interest in or to the following real property or any part thereof:
ALL THAT CERTAIN parcel of land situate in Hampden Township,
Cumberland County, Pennsylvania bounded and described according to a Final Plan
Number 2, Part of Section II, Deimler Manor, recorded in Plan Book 33, page 10,
as follows to wit:
BEGINNING at a point in the center line of Beech Run Lane (50 feet wide)
at the southwesterly corner of other lands, now or formerly ofNormandy Manor and
Central Service Corp., a joint venture; thence extending along the aforementioned
lands North 84 degrees 27 minutes 40 seconds East 655.99 feet to the northwesterly
corner of Lot No. 21 on the above mentioned plan; thence extending along said lot
South 31 degrees 34 minutes 39 seconds East, 111.3 feet to a corner of Lot No. 27
on the above mentioned Plan; thence extending along the rear of Lot Nos. 27, 28 and
29 South 84 degrees 27 minutes 40 seconds West, 436.59 feet to a point being the
northeasterly corner of Lot No. 30 on the above captioned Plan; thence extending
along the rear of Lot No. 30 South 52 degrees 19 minutes West 250.38 feet to a
point in the center of Beech Run Lane; thence extending along the center line of
Beec Lane on the arc of a circle curving to the left and having a radius of
52 1 feet, the arc distance of 169.34 feet to a point of tangent; thence continuing
along said center line North 25 degrees 34 minutes 47 seconds West 71.76 feet to
the first mentioned point and place of :BEGINNING.
CONTAINING 1.868 acres, more or les
SCML4CK & ?? IT BEING TAX PARCEL NUMBER I
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