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Home My WebLink About06-1944IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR., Plaintiff VS. ELMER ERB, WILLIAM PENN, deceased, their heirs, successors, assigns, devisees, administrators, executors and NO: OL -19yy ?lu,'L del any and all other parties of interest ACTION IN QUIET TITLE Defendants : NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering appearance personally or by attorney to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and 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 in these papers by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BLAKE & GROSS L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 'LAST PHILADELPHIA STREET You, PA 17401 717848.3078 F" 717.848.2777 WWW. BLAREGROSSLAW.0OM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR., NO: Plaintiff vs. ELMER ERB, WILLIAM PENN, deceased, their heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest ACTION IN QUIET TITLE Defendants AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro veinte (20) dias a partir de la fecha en que recibio In demanda y el aviso. Usted debe presentar comparecencia escrita en person or por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a leas demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el demandante. USTED PUEDER PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO, SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BLAKE d GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHLA STREET You, PA 17401 717.848.3078 F"70.848.2777 W ..BLAK CROSSLAW.COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. N0.2006- l44/? _ i v. Action in Quiet Title I- LMER ERB, WILLIAM PENN, deceased, their heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants QUIET TITLE COMPLAINT AND NOW, to wit, this the day ofFebruary,2006, comes the Plaintiff, by and through his attorney, Kurt A. Blake, of Blake & Gross, LLC, who file this complaint and aver as follows: The Plaintiff, John E. Cohick, Jr. is an adult individual that own real property known bythe Countyof Cumberland as 2433 Lambs Gap Road, Enola, Cumberland County, Commonwealth of Pennsylvania, where he also resides. 2. The Defendant Elmer Erb is the last known owner of that certain tract of land as set forth below, according to a search of the Cumberland County Tax Claim Records for the September 8, 1980 Tax Claim Bureau tax sale, although title therein was not duly discovered by a title search in and to the property. 3. Alternatively, William Penn, et al, is the last known owner of a certain tract of land as set forth below. 4. The land in question herein as to Plaintiffs is as follows: BL4" d GROSS, L.L.C. ATTORNEY) AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YoR ,, PA 17401 717848.3078 FA 717848.2777 WWWBL GROSSLAW.MM 10-11-3011-001 Page 1 of 4 BEGINNING at a fallen black oak on the line of lands now or formerly of E.B. Leiby, thence North 19 degrees West 1,133.55 feet along the lands now or formerly ofJohn E. Cohick, Jr. to a hickory; thence, South 82 degrees West 580.90 feet along the lands now or formerly of W.L. Messinger to a point; thence, South 17 degrees East 1126.95 feet to a point; thence, North 81 degrees 55 minutes 24 seconds East 620.09 feet along the 1-1 now or fe, nerly of E.B. Leiby to a point and the place of Beginning. CONTAINING therein 15.327 acres. The Plaintiffs have through a trained and experienced Abstractor Service, searched the records at the Recorder of Deed in Cumberland County, Pennsylvania pertaining to this land and all other adjoining tracts, and have been unable to find or locate a deed transferring or granting said parcel of land, as described in paragraph 4, from the Defendants, their heirs or assigns to any other party, their heirs or assigns. 6. The Cumberland County Tax Assessment currently has no known owner listed for said property. They had previously listed for the 1980 Tax Claim sale an Elmer Erb as a possible owner. The Plaintiffs or their predecessors have, for a period of time, in excess of 21 years, exercised sole dominion and control of the property in question. It is within the powers of this Honorable Court to grant the Plaintiff's request to quiet title and to hereinafter vest the title of said lands in the Plaintiffs. BLAKE & GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHiL DELPHU STREET YDRx PA 17401 71 7 8 483 078 FA 717.848.2777 WWW. BLAKEGROSSMW. COM Page 2 of 4 WHEREFORE, the Plaintiffs request this Honorable Court decree that the Plaintiffs are the owners in fee simple absolute of that tract of real estate more fully described in paragraph 4 above. submitted, Date: M CL Ch 3 S 20 (1? I A. Blake, Esquire No. 68791 29 ast Philadelphia Street Yo k, Pennsylvania 17401 (71 ) 848-3078 Attorney for the Plaintiff BLAKE 6, GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YoR, PA 174oi 717848.3078 Rix 717848.2777 WWW. RL1 KEGROSSL AW. COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. No. 2005 V WILLIAM PENN, °?Parcd, his successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants Action in Quiet Title VERIFICATION BLAKE d GROSS L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET row, PA 17401 717848.3078 FA 717848.2777 WWW. eL A"GROSSL AW. COM I, the undersigned, hereby verify that the statements in the foregoing Quiet Title Complaint are true and correct to the best of my understanding. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to Unswom Falsifications to Authorities. DATE: BY: i .ton E. Cohick, Jr. Page 4 of 4 n V-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. No. 2006 - lqqq t u `Y vs. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of intercct Defendants Action in Quiet Title MOTION FOR SERVICE BY PUBLICATION AND POSTING AND NOW, to wit, this day of February, 2006, by and through his attorney, KurtA. Blake, Esquire of Blake& Gross, LLC, the Plaintiff requests this Honorable Court to order service by publication and posting, the above captioned matter upon the facts as lollows: The Plaintiff is an adult individual attempting to Quiet Title by adverse possession as to property which borders his land, for which he and his predecessors in title have exercised sole dominion and control there-over. 2. The Plaintiff has made every reasonable attempt to locate the identity of the ownership of said property, by utilizing the services of an experienced abstractor. Likewise, the Cumberland County Tax Claim Bureau since BLAKE d GROSS LL. C. ATTORNEYS AND COUNSELLORS AT UW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 Page 1 of 3 1980 has been unable to ascertain said ownership, nor a contact address for a possible owner. 3. Since Plaintiff has undertaken reasonable efforts to locate possible Owners, Plaintiff request that this Honorable Court authorize service by publication and posting of the real property, pursuant to Pa.R.C.P.430. WHEREFORE, the Plaintiff move that this Court order service by publication and posting of the Complaint against said Defendants. Date: MCA YCh 31, 21) CX Itu,WA. Bl ke, Esquire I.D. No. 68191 29 East Phil delphia Street York, Pennsylvania 17401 (717) 848-3078 Attorneyfor the Plaintiff BLARE & GROSS L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 2,9 EASTPHLL9DELPHm STREET YORK PA 17401 717848.3078 PAx 717848.2777 WWW. BLAKEGROSSL AW. COM ??. _ e ?f '. i I IN THE COURT OF COMMON PLEAS OF - ?" CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. vs. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants ORDER No. 2006 - /9'4/,,?i Action in Quiet Title AND NOW, this day of '48 ?) , 200, upon BLnxE & GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK PA 17401 717.848.3078 Far 717.848.2777 W BLAREGROSSLAW.COM consideration of the Plaintiffs Motion for Special Order Directing Service By Publication and Posting on the Property, pursuant to Pa.R.C.P. 430(a), and it appearing to the Court that Plaintiff has made a good faith effort to locate and serve Defendants in the regular course, ITISHEREBY ORDERED that said motion is granted, and service upon Defendants is to be made by publication in accordance with Pa.R.C.P. 410(c)(1), and 430(b)(1) in the Cumberland Legal Record, and in a newspaper of general circulation as designated by the Court and Pa.R.C.P. 410(c)(2) and 430(b)(1), by posting a copy of the original process on the most public part of the property. 64. Page 3 of 3 BY THE COURT: :? ?, _i _ ? ? , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. NO. 2006-1944 CIVIL TERM Plaintiffs VS. ACTION IN QUIET TITLE ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors, and any and all other parties of interest, Defendants PROOF OF SERVICE In accordance with the Order of Court dated April 17, 2006, please find attached hereto proof of service as follows: 1. Proof of Publication of Notice in Cumberland Law Journal for July 21, 2006. 2. Proof of Publication for the Sentinel, for August 29, 2006. 3. Pictures of the Posting on the real property for gust 23 through August 31, 2006. Respectfully mitted, BLAKE & SS, LLC Blab & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHIL.ADEL.PHLA STREET YORK PA 17401 717.848.3078 FAX 717.848.2777 WWW BLAKEGROSSLAW. COM Dated: September 18, 2006 By: Kurt A. Blake (#68791) 29 East Philadelphia Street York, PA 17401 717-848-3078 ext 106 V. it PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ??_ 4"1 -Z?4-'Oc' isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 21 day of July, 2006 Notary NOTARIAL SEAL DEBORAH A COLUNS Notary PU Mc CARLIKE BORO, CMUENAND COUNTY My Cornm"On ExPU« Apr 28, 2010 4- + CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO: 06-1944 Civil Term JOHN E. COHICK, JR., Plaintiff VS. ELMER ERB, WILLIAM PENN, deceased, their heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants ACTION TO QUIET TITLE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and No- tice are served, by entering appear- ance personally or by attorney to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and 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 in these papers by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. S1 desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en person or por abogado y presentar en la Corte por escrito sus defenses o sus objeciones a leas demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decider en su con- tra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el demandante. USTED PUEDER PERDER DI- NERO, O PROPIEDADES U OTROS DERECHOSIMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERI- GUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 QUIET TITLE COMPLAINT 4 1& - > ! CUMBERLAND LAW JOURNAL AND NOW, to wit, the _ day of February, 2006, comes the Plain- tiff, by and through his attorney, Kurt A. Blake, of Blake & Gross, LLC, who file this complaint and aver as follows: 1. The Plaintiff, John E. Cohick, Jr., is an adult individual that own real property known by the County of Cumberland as 2433 Lambs Gap Road, Enola, Cumberland County, Commonwealth of Pennsylvania, where he also resides. 2. The Defendant Elmer Erb is the last known owner of that cer- tain tract of land as set forth below, according to a search of the Cumberland County Tax Claim Records for the September 8, 1980 Tax Claim Bureau tax sale, although title therein was not duly discovered by a title search in and to the prop- erty. 3. Alternatively, William Penn, et al, is the last known owner of a cer- tain tract of land as set forth below. 4. The land in question herein as to Plaintiffs is as follows: BEGINNING at a fallen black oak on the line of lands now or formerly of E.B. Leiby, thence North 19 de- grees West 1,133.55 feet along the lands now or formerly of John E. Cohick, Jr. to a hickory; thence, South 82 degrees West 580.00 feet along the lands now or formerly of W.L. Messinger to a point; thence, South 17 degrees East 1126.95 feet to a point; thence, North 81 degrees 55 minutes 24 seconds East 620.09 feet along the land now or formerly of E.B. Leiby to a point and the place of Beginning. CONTAINING therein 15.327 acres. 5. The Plaintiffs have through a trained and experienced Abstractor Service, searched the records at the Recorder of Deed in Cumberland County, Pennsylvania pertaining to this land and all other adjoining tracts, and have been unable to find or locate a deed transferring or granting said parcel of land, as de- scribed in paragraph 4, from the Defendants, their heirs or assigns to any other party, their heirs or assigns. 6. The Cumberland County Tax Assessment currently has no known owner listed for said property. They had previously listed for the 1980 Tax Claim sale an Elmer Erb as a possible owner. 7. The Plaintiffs or their prede- cessors have, for a period of time, in excess of 21 years, exercised sole dominion and control of the property in question. 8. It is within the powers of this Honorable Court to grant the Plaintiffs request to quiet title and to hereinafter vest the title of said lands in the Plaintiffs. WHEREFORE, the Plaintiffs re- quest this Honorable Court decree that the Plaintiffs are the owners in fee simple absolute of that tract of real estate more fully described in paragraph 4 above. Date: March 31st, 2006 Respectfully submitted, /s/ Kurt A. Blake, Esquire I.D. No. 68791 29 East Philadelphia Street York, Pennsylvania 17401 (717) 848-3078 Attorney for the Plaintiff July 21 Sent ion ate MgW?gvTcl JU 2 5 2006 BYA --------- ------ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tam ny- Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13f,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 29, 2006 COPY OF NOTICE OF PUBLICATION MTICE WTHE COUR3 OF.CQMM?}N LE"air CIiMNOLAN6 C0LINTY, YLVANIA JOHN E: COHICKj, JR., NO.: 06-1944 Civil Term, Plaintiff ve. . ELMER €R6, WILLIAM PENN, decsaead, #*it htairs, successors, sesigns, devlesss,,eaminlatrators, executors and any and all alter pdryes of interest ACTION IN QUIET TITLE Defendants N0=11 Q$ A CLAW 1UGHT8 You fiaYe Peen suM M CourL N you wish'to defend apainst the claims set "in the otles-e y ed b g entering appearance (Sosys-aftor Hilo or by attorney the int e CMima sot" asairwt you. You are wamed'that if you fail to do so, the case may proceed without, you and Judgement may be entered against you by the Court furdter. notice for any money claimed in the Complaint orforany other claim orrow regUefted In these papers b0he PiaintIM You may lose money or pmpfly or othourigms importalni to you YOU $M6tJ1,D TAKE.TNM, PAM0 TO YOUR LAWYER AT ONCE. 1F YOU pO NOT VE kAIYYER OR,CANNOT AFFORD ONE, QO Tip TEL IW OFFICE OT FORTH BELOW TO FIND`OfJT W#WRE YOU CAN GET L96AL HELP: Lawyer Referral Service Cumbodesid^Csxumty Bar Association 32 South Bedford Street Cattlals, PA 17013 (IM 249-3166 IN THE T `f! "COMfIMdRt PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK,JR.,. NO: Plaintiff Val ELMEftE1* WIWAM-P6W, I. decaaW, t *r halts, successors, assigns, dsviwse;odl0 at iff0ft,•almulassand anyand allofflirpsrtes of irrtsrsst ACTION IN QUIET TITLE, I)efendarmts , ?VISO , t!S N11 "ObikMANCIA00 9X LA CORTE. & doses detenderse der Jas quelas ax uaetae en (RS pog16asr?tEc, debt tomar acclon demo 41hie (20) dias a Irjrttr <le la fecha en qua la, 4160anda y el oviso. U»iad dabs presenter cw0atecenoM eacrten person or por abogodo y pre sentar on Is Corte por escdto sue dateneas o sue objeciones a4eas demaedas an su contrk. Se is avise quo all no so defiende; al caso pu eds proceder sin usted yis Corte puede deCkllr ea au corers On alas svlsb o noti!16adon pot cuaitluler otm qu* o ?, O?tOftbADES OTROS DERE'CH081MPORTARNES PARA USTED. USTED DESE LLEVAR ESTE PAPEL A UN ABOGADO DE IYMEDIATO, 81 NO TIENE Q ND P PAGAR UN A40"DO, VAYA O LLAME A LA OFICINA MID.IDA ASAJO PARR AVEMUAR DOND_E PUEDE OSTENER ABISTENCI& L"AL Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of pub 'cation are true. Sworn to and subscribed before me this 30th. day of August 2006. Notary Pu is My commission expires: q11 lb g COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Public Cadisle Born, Cumberland County My Commission Expires Sept. 1, 2008 Member, Pennsylvania Association Of Notaries ` LBLSB'Wd" ! ?I?!a'?e r s?oaz ' c>; uaun ??* 'GAO" Jr 4dW*jod 111 pWoO op AlInt wow stiq" IvW #O poj;WAjo 91*180 dfdWOI *PMd eUt ie41 G 1 eft BI?Q 3es >rtiN 'si"W 814 A f? JO ON 0% 199A J"VURtey M PUN s?11R?e}n6 fiyenbel s?t{s? s? tA1c!??IgReodq?i sgil m d ?,?FF? X131 '8 N Wl =PUB uWWkuQp ;Omp: exe t go r , sll B$W hWPWMe41 PUP40 "t4l?eRepS? R?y11NMete' £ If OU91,10; 01M a ^9 4 ; Aull 1ePa?I ? . 1p •• p4e eta i 3111113fnO W NOUDY VA uuel IINO.9oQi"'?'N lit'')rJ!l+t?'?!•?N?1?11` V*W-tASNN3d 'AINnoo dwY"tki3ly no 9W31d Nonhoo AO lkinOO-WU NI .40 WS-OZ (4W CWlt Vd ?*a JIIl?pMWp?B_4Y?OS3£ ---- BLAKE & GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW BLAKEGROSSLAW. COM EXHIBIT 3 Page I of 2 Pictures of Posting for August 23, 2006 BLAKE d GROss; L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW. BLAKEGROSSLAW. COM EXHIBIT 3 Page 2 of 2 Pictures of Posting for August 31, 2006 h^'? Cn 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR., No. 2006-1944 Civil Term Plaintiff Vs. Action in Quiet Title ELMER ERB, WILLIAM PENN, deceased, his heirs, assigns, devisees, administrators, executors and any and all other parties of interest, Defendants MOTION FOR ENTRY OF DEFAULT JUDGMENT IN ACTION TO QUIET TITLE h AND NOW, TO WIT, this l day of 4, 2006, comes the Plaintiff, by and through their attorneys, BLAKE & GROSS, LLC, and files the following Motion: 1. An Action to Quiet Title was instituted by the Plaintiff on April 5, 2006. 2. Service of this complaint with Notice to Defend, was accomplished on all Defendants pursuant to that Motion for Service by Publication and Posting (attached hereto as Exhibit "A"), which was entered as an order on April 17", 2006 (attached hereto as Exhibit `B"). 3. Plaintiff subsequently on September 19th, 2006 filed a proof of service BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 BAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW. BLAKF_GROSSLAW COM (Attached hereto as Exhibit "C".). Page 3 of 6 4. The Defendants have failed to respond to the Complaint and the time for filing a response has passed. 5. The Plaintiff pursuant to Pa.R.C.P. Rule 1066 now seek a Court Order in the form attached hereto. 6. The Plaintiff attaches hereto the requisite affidavit as set forth in Pa.R.C.P. Rule 1066. WHEREFORE, Plaintiff, by and through its attorneys, BLAKE & GROSS, LLC, respectfully moves this Court to enter judgment in favor of Plaintiff and against the Defendants, and grant the Plaintiff the relief prayed for all in accordance with the Pennsylvania Rules of Civil Procedure Rule 1066. RespeXoss, submitted, Blake LLC BLAKE & GRoss, L. L. C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717848.2777 WWW BLAKEGROSSLAW. COM By: Kurt . B ake, Esquire Attorney D NO. 68791 29 East Philadelphia Street York, PA 17401 (717) 848-3078 Page 4 of 6 BLAKE er GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 LAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW BLAKEGROSSLAW. COM AFFIDAVIT COUNTY OF YORK : SS STATE OF PENNSYLVANIA I, the undersigned, being duly deposed, do hereby swear and affirm as follows: 1. On or about July 21,2006, a complaint with notice to defend was duly and properly advertised in the Cumberland Law journal. 2. On or about August 29, 2006, a complaint with notice to defend was duly and properly advertised in the Sentinel. 3. From August 23rd through August 31St, 2006, a complaint with notice to defend was properly posted on the real property at issue. 4. The Defendants hav not filed an answer, nor entered an appearance. Kurt A. Bl?ke, Esquire State of Pennsylvania ' ss County of York .k On this, the day of October, 2006, before me, the undersigned officer, personally appeared Kurt A. Blake, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for purposes therein contained. IN WITNESS WHEREOF, I hereunto set n COMMONWEALTH OF PENNSYLVANIA Notarlel Seal Christina J. Leonard, Notary Public City of York, York County My Commission Expires Sept. 22, 2007 Member, Pennsylvania Association of Notaries Page 5 of 6 EXHIBIT "A" BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW. BLAKEGROSSLAW. COM BEGINNING at a fallen black oak on the line of lands now or formerly of E.B. Leiby, thence North 19 degrees West 1,133.55 feet along the lands now or formerly of John E. Cohick, Jr. to a hickory; thence, South 82 degrees West 580.00 feet along the lands now or formerly of W.L. Messinger to a point; thence, South 17 degrees East 1126.95 feet to a point; thence, North 81 degrees 55 minutes 24 seconds East 620.09 feet along the land now or formerly of E.B. Leiby to a point and the place of Beginning. CONTAINING therein 15.327 acres. Page 6 of 6 _--- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. No. 2006 vs. Action in Quiet Title ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, - administrators, executors and any and all t- =7 - other parties of intercc: _ ! t ?+ Defendants ;_== r, E MOTION FOR SERVICE BY PUBLICATION AND POSTIN ZZ AND NOW, to wit, this _ day of February, 2006, by and through his attorney, Kurt A. Blake, Esquire of Blake & Gross, LLC, the Plaintiff requests this Honorable Court to order service by publication and posting, the above captioned matter upon the facts as follows: The Plaintiff is an adult individual attempting to Quiet Title by adverse possession as to property which borders his land, for which he and his predecessors in title have exercised sole dominion and control there-over. 2. The Plaintiff has made every reasonable attempt to locate the identity of the ownership of said property, by utilizing the services of an experienced BLi" d GRos-% L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 9 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW BIAKECROSSLAW. COM abstractor. Likewise, the Cumberland County Tax Claim Bureau since Page 1 of 3 1980 has been unable to ascertain said ownership, nor a contact address for a possible owner. 3. Since Plaintiff has undertaken reasonable efforts to locate possible Owners, Plaintiff request that this Honorable Court authorize service by publication and posting of the real property, pursuant to Pa.R.C.P.430. WHEREFORE, the Plaintiff move that this Court order service by publication and posting of the Complaint against said Defendants. itted, Date: MccrGh3J,2( X I-A. BI ke, Esquire I.D. No. 68191 29 East Phil delphia Street York, Pennsylvania 17401 (717) 848-3078 Attorney for the Plaintiff BLARE' cr GRoss, L.L.C. ATTORNEYS AND COUNSELLORS Ar LAW 29 Ei9ST PHILADELPHIA STREET YORK. PA 17401 717848.3078 FAX 717.848.2777 W RAW. BLAKEGROSSLAW. COM EXHIBIT B" BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 PAX 717.848.2777 WWW BLAKEGROSSLAW.COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IOHN?E.ICOHICK, JR. vs. ELMIR ERB, WILLIAM PENN, deceased;, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants ORDER i i ff i No. 2006 Action in Quiet Title A L " AL 1 20 , upon -Ap? AND NOW, this / 7+h day of consideration of the Plaintiffs Motion for Special Order Directing Service By Publication and Posting on the Property, pursuant to Pa.R.C.P. 430(a), and it appearing to the Court that Plaintiff has made a good faith effort to locate and serve Defendants in the regular course, IT IS HEREBY ORDERED that said motion is granted, and service upon Defendants is to be made by publication in accordance with Pa.R.C.P. 410(c)(1), and 430(b)(1) in the Cumberland Legal Record, and in a newspaper of general circulation as designated by the Court and Pa.R.C.P. 410(c)(2) and 430(b)(1), by posting a copy of the original process on the most public part of the property. BLAKE d- GROSS, L•L.C. • ATTORNEYS AND COUNSELLORS AT LAW 29 Lr1ST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 WWW. MAKEGROSSLAW COM Page 3 of 3 BY THE URT: L • 'S EXHIBIT "C" BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW. BLAKEGROSSLAW. COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. NO. 2006-1944 CIVIL TERM Plaintiffs VS. ACTION IN QUIET TITLE Defendants q p rn Cn g-n ?y..? PROOF OF SERVICE ' -y ?f In accordance with the Order of Court dated April 17, 2006, pleas - attache hereto proof of service as follows: =c rn r -4 1. Proof of Publication of Notice in Cumberland Law Journal 4r Jt 21- 2006. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors, and any and all other parties of interest, 2. Proof of Publication for the Sentinel, for August 29, 2006. 3. Pictures of the Posting on the real property for gust 23 through August 31, 2006. Respectfully miffed, BLAKE & SS, LLC Dated: September 18, 2006 By: Kurt A. Blake (468791) 29 East Philadelphia Street York, PA 17401 717-848-3078 ext 106 BLAKE d GRaR% LL C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 WWW BLAKEGROSSLAW. COM PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I;isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 21 day of July, 2006 Notary G? NOTARIAL SEAL DEBORAH A COLLMIS Notary Pubac CARLISLE BORO, CUMBERLAND COUNTY My COtnMMWOn EMDRU Apt TB, 2010 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO: 06-1944 Civil Term Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JOHN E. COHICK, JR., Plaintiff VS. ELMER ERB, WILLIAM PENN, deceased, their heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants ACTION TO QUIET TITLE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and No- tice are served, by entering appear- ance personally or by attorney to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and 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 in these papers by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en person or por abogado y presentar en la Corte por escrito sus defenses o sus objeciones a leas demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decider en su con- tra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el demandante. USTED PUEDER PERDER DI- NERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERI- GUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 QUIET TITLE COMPLAINT 4 CUMBERLAND LAW JOURNAL AND NOW, to wit, the _ day of February, 2006, comes the Plain- tiff, by and through his attorney, Kurt A. Blake, of Blake & Gross, LLC, who file this complaint and aver as follows: 1. The Plaintiff, John E. Cohick, Jr., is an adult individual that own real property known by the County of Cumberland as 2433 Lambs Gap Road, Enola, Cumberland County, Commonwealth of Pennsylvania, where he also resides. 2. The Defendant Elmer Erb is the last known owner of that cer- tain tract of land as set forth below, according to a search of the Cumberland County Tax Claim Records for the September 8, 1980 Tax Claim Bureau tax sale, although title therein was not duly discovered by a title search in and to the prop- erty. 3. Alternatively, William Penn, et al, is the last known owner of a cer- tain tract of land as set forth below. 4. The land in question herein as to Plaintiffs is as follows: BEGINNING at a fallen black oak on the line of lands now or formerly of E.B. Leiby, thence North 19 de- grees West 1,133.55 feet along the lands now or formerly of John E. Cohick, Jr. to a hickory; thence, South 82 degrees West 580.00 feet along the lands now or formerly of W.L. Messinger to a point; thence, South 17 degrees East 1126.95 feet to a point; thence, North 81 degrees 55 minutes 24 seconds East 620.09 feet along the land now or formerly of E.B. Leiby to a point and the place of Beginning. CONTAINING therein 15.327 acres. 5. The Plaintiffs have through a trained and experienced Abstractor Service, searched the records at the Recorder of Deed in Cumberland County, Pennsylvania pertaining to this land and all other adjoining tracts, and have been unable to find or locate a deed transferring or granting said parcel of land, as de- scribed in paragraph 4, from the Defendants, their heirs or assigns to any other party, their heirs or assigns. 6. The Cumberland County Tax Assessment currently has no known owner listed for said property. They had previously listed for the 1980 Tax Claim sale an Elmer Erb as a possible owner. 7. The Plaintiffs or their prede- cessors have, for a period of time, in excess of 21 years, exercised sole dominion and control of the property in question. 8. It is within the powers of this Honorable Court to grant the Plaintiffs request to quiet title and to hereinafter vest the title of said lands in the Plaintiffs. WHEREFORE, the Plaintiffs re- quest this Honorable Court decree that the Plaintiffs are the owners in fee simple absolute of that tract of real estate more fully described in paragraph 4 above. Date: March 31st, 2006 Respectfully submitted, /s/ Kurt A. Blake, Esquire I.D. No. 68791 29 East Philadelphia Street York, Pennsylvania 17401 (717) 848-3078 Attorney for the Plaintiff July 21 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammv Shoemaker, Classified Advertising ManaZer , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 29, 2006 COPY OF NOTICE OF PUBLICATION NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK„JR., -NO: 06-194.4 Civil Term, . Plaintiff vs. ELMER,ERB, WILLIAM PENN,. deceased, their I eirs, successors, assigns, devisees, administrators; executors'and any and all other parties of Interest ACTION IN QUIET TITLE Defendants NOTICE IQ DEFEND AND`.C CLAIM RIGHT$ You hdvepeen sued In %Court. If you wish'to defend against the claims set forth in the foregoing pages, you.mustAake actidr wifhintwenty.(20);dai rs afterthis, omplaint and Notice-are served, by entering appearance personally-,or by attorney to the claims set forth against you. You are warned "that if you! fail to do so, the `case may proceed without youand judgement may be entered against you by the Court without further, notice for-anymoney claimed in the Complaint or for any other claim orrelief:requested Inthese, papers by,the Plaintiff: You'may lose money or property or other rights important to you. YOU SH,OULD'TAKE;THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU'bO.NOT HAVE A LAWYER OR,CANNOT AFFORD O,NE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW ., TQ,FIND'OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service. Cumberiand,County Bar Association , 32 South BedfordStrest', Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV,'PENNSYLVANIA JOHN E. COHICK,JR:, NO: Plaintiff vs. ELMER,ERB,, WILLIAM-RENN, deceased, their heirs successors, assigns, I: devisees, adininistrators,:,executors and any and'all otherparties M interest "ACTION, IN QUIET TITLE 'Defendants AVISO USTEbiHA$IbObEMA"o*ADO EKLA CORTE, `Si dews defenderse do las quejas' expuestas. on ias paginas siguientes, dsbe tornar acclon;dentro veinte (20) dias a partirde la,fecha,en que reci&o la.demanda y 61 aviso. Usted debe` presentar comparecencia escrita%en person or pot abogado y presentar en is Corte por escrito sus defensas o sus objeciones a1eas demandas''enswcontra. Se Is avisa qua si no se defiende, el caso puede proceder sin usted y la Corte puede decidir an su contra sin mas aviso o notificacion por cualquier otra queja.o compensacfon, recJamados por el demendante: USTEb' :PUEDER PERDER DINERO, O PROPIEDADES U OTROS'DERECHOS,IMPORTANTES PARA LISTED. . USTED DEBE LLEVAR-ESTE PAPEL A UN ABOGADO DF'IMMEDIATO, SI NO TIENE O NO PUl DE PA`GAR UN ABOGADO, VAYA O LLAME A LA.OFICINA fNDICIDA ABAJO PARA.AVERIGUAR.DONDE PUEDE OBTENERASISTENCIA. LEGAL. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 30th. day of August 2006. Notary Pi "c My commission expires: q/l COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Woft, Notary Public Cadisle Born, CumbwbM Courtty l1Ay Commission Expires Sept. 1, 2008 Member, Pennsvivanis Association Of Notaries compensacion reclamadosporelaemenoan . varcv DINERO, 0,PROPIEDADES U OTROS DERtCHOS IMPORTANTES PARA USTEC. I LISTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE'IMMEDIATO, SI NO TIENE.O NO P.,,t1ERE PAGAR UN ABOGADO, VAYA 0 LLAME & LA oFICINA INDICIDA ABAJLdPARA AVERIGUAR,DON0E PUEDE OBTENER ASISTENCIA, LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE-COURT OF CO MMON'PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i. JOHN E. COHICK, JR. No: 2006 - Civil Term VS. ACTION IN QUIET TITLE ELMER' ERB, WILLIAM PENN,; i. deceased, their helrs, successors, assigns, devisees, administmtors;'executors'and any and`all other part ies of interest Defendants QUIET TITLE ,COMPLAINT l AND NOW, to wit; this the day of Febn,ary, 2006, comes the. Plaintiff, by and. j through his attorney Kurt'AVBiake of Blake & Gross LLCM ha?frl this?complaint ,and aveF4Wfoll6ws .. .ow:. - .1 The.plalr ,60, John E. Cohlck, Jr. is'an adult individual that dWM,r0_b&property 1 known by.the County of Cumberland as 2433 Lambs Gap Road, Enola,. Cumberland County, Commonwealth of Pennsylvania, where'he also resides. 2. The Defendant, Elmer Erb is the last known owner of that certain tract of-land as- t set forth below, according to a search of the Cumberland County Tax Claim Records for the September 8, 1980•Tax Irlaim Bureau tax sale, although title i therein was not duly discovered by a`title search in and to the property. I 3. Alternatively, William,Penn, at al, ii the last known owner of a certain tract of land ; as set forth below. 4. The land in question herein as to Plaintiffs is as follows: l ". 1o-11=ao?1 -0 04L BEGINNING.ata fallen.black oak on the•tine oflands now or formerly"of E.B. Leiby, whence North 19 degrees West 1,133.55 feetalong the lands now or formerly of John E. Cohick, Jr. toy `hickory;thenoe, South 82 degrees West 580.00 feet along the land"ow-GOormedwolfM-L;-Messingerto a-point; tttance,Soutlh, 7rdegrees 'East 1,126.954aetto a point; thence, North 91 degrees 55minutes 24 seconds•East 620.09teeveilongthe`land now or formerly of E.B Leiby to a pointand the place of Beginning. CONTAINING therein 15.327 acres. . 5. TheRiaintiffsrhave through &trained and °experience&Abstractor Service, searched the.records at the Recorder of Deed;in Cumberland County, Pennsylvania pertaining:to this land and all other adloining,tracts; and have been unable to find or locate a deed transferring or granting 'said' parcel of land, as described ?n1paragrapti4, from the Defendants, their heirs or assigns to any other party, their heirs or'assigns. .6.:. The Cumberland.CountyTax Assessment currently has, no known owner listed for sz d property. They had'previously listed for the 19,80 Tax'Claim safe an ElmerErb a s pnssible,o%4ner. 7. The Plaintiffs or their predecessors have, for a period of time, in excess of 21 ,yP.ars, exercised sole dominion and control of the property in question. 8. . It is within the powers of this?Honorable Court'totgOantthe-Plaintiff's request to quiet title and to hereinafter vest the title of said lards in the Plaintiffs WHEREFORE; the plaintiffs request this Honorable Court decree that the Plaintiffs are the owners in fee simple absolute of that tract of real estate more fully described in paragraph 4 above. Respectfully submitted, bate: March 31, 2006 Kurt.A. Blake, Esquire I.D. No.'68791 , 29. East Philadelphia Street York, Pennsylvania 17401 (717,) 848-3078: An nay for the Plalntiff . B WE & GROSS, L.L. C. An-omm AND COUNSELLORS AT LAW 29 BAST PHILADELPHIA STREET YO)K PA 17401 717.848.3078 FAX 717.848.2777 WWW M AREGROSSLAW. COM EXHIBIT 3 Page I of 2' Pictures of Posting for August 23, 2006 i BLA" d GROSS, LL C AT oRNE}5 AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK PA 17401 717.848.3078 FAX 717.848.2777 WWWAAI EGROSSLAWCOM EXHIBIT 3 Page 2 of 2 Pictures of Posting for August 31, 2006 rn co i. C) - f - ? L ZZ4 C3 1± OCT .1 9 2006, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR., Plaintiff Vs. ELMER ERB, WILLIAM PENN, deceased, his heirs, assigns, devisees, administrators, executors and any and all other parties of interest, Defendants ORDER No. 2006-1944 Civil Term Action in Quiet Title AND NOW, to wit, this Zo" day of October, 2006, a proof of service of the Complaint with Notice to Plead having been filed, and no answers having been made by the Defendants, upon motion of Kurt A. Blake, Esquire, Attorney for the Plaintiff, IT IS HEREBY ORDERED THAT: A. The Defendants, shall be forever barred from asserting any right, lien, title or interest in the land, inconsistent with the interest or claim of the Plaintiff set forth in his complaint, unless the Defendants seeks an action of ejectment or other appropriate relief within thirty (30) days hereafter. If such action is not taken within this thirty (30) day period, the Prothonotary, on Praecipe of the Plaintiff, shall enter final judgment. B. Upon the entry of final judgment, the Plaintiff is declared the sole and absolute owner, in law and in equity, of the real property subject to this suit BLAKE 6, Gaoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YoRK, PA 17401 717.848.3078 FAx 717.848.2777 WWW BLAKEGROSSLAW. COM and which is more fully described in the document attached hereto and Page 1 of 6 marked as Exhibit "A". C. Upon entry of final judgment, the Recorder of Deeds in and for Cumberland County, Pennsylvania shall record a copy of this Order. BY THE COURT: BLAKE & GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW. RLAKEGROSSLAW. COM Page 2 of 6 ?e c 4 '??t?4t?•,J 60 -C W8 OZ 00 9001 3A 80 331:1:10-C MU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. V. ELMER ERs, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title PETITION OF GARY J. KURTZ TO OPEN JUDGMENT TO THE HONORABLE KEVIN A. HESS: NOW COMES, Mr. Gary J. Kurtz, ("Kurtz" or "Petitioner"), by and through his undersigned counsel and, pursuant to the provisions of the Pennsylvania Rules of Civil Procedure Rule 206.1 as well as the Cumberland County Rules of Procedure Rule 206. 1, respectfully requests that Your Honor open the default judgment entered October 20, 2006, in the above - captioned matter. In support of this request, Petitioner states as follows: 1. Petitioner is an adult male residing at 2431 Lambs Gap Road, Enola, PA. Petitioner's residence is located in Hampden Township on Tax Parcel No. 10-11-3016-002 in the Cumberland County Tax Assessment Office. 2. Petitioner is also the owner of a parcel of land located in the Township of Hampden, Cumberland County, Pennsylvania by way of a Warranty Deed recorded May 14, 1979 in the Recorder of Deeds Office for Cumberland County in Deed Book K28, page 547. Said property carries the Tax Parcel No. 10-11-3018-001 in the Cumberland County Tax Assessment Office. A true and correct copy of this Deed is attached hereto and made a part hereof as Exhibit "A". 3. Petitioner has consistently claimed and exercised ownership over the above parcel through the payment of county and school taxes on the property. Additionally, Petitioner has periodically walked through his property to check on the condition of timber located on the property and has posted the property to prevent hunting on his property. 4. John E. Cohick, Jr. ("Cohick" or "Plaintiff') is the owner of a parcel of land located in Hampden Township by virtue of a deed recorded June 20, 1985, in Deed Book I31, page 36 in the Cumberland County Recorder of Deeds Office. Said property is designated as Tax Parcel No. 10-11-3016-023A in the Cumberland County Tax Assessment Office and is located due west of Petitioner's residence. A copy of said deed is attached hereto and made a part hereof as Exhibit "B". 5. As shown on the Tax Maps of the Cumberland County Tax Assessment Office, the parcel of land owned by Plaintiff (10-11-3016-023A) is between the parcels owned by Petitioner (10-11-3016-002 and 10-11-3018-001). A copy of the Cumberland County Tax Mapping printed November 27, 2006 and secured form the Cumberland County Assessment Office is attached hereto and made a part hereof as Exhibit "C". 6. As set forth in Plaintiff's existing deed for tax parcel 10-11-3016-023A, the western boundary of plaintiff's property carries a course and distance of North 19 degrees West 1,133.55 feet. 7. The eastern boundary of the property claimed by Plaintiff in this proceeding is stated as North 19 degrees West 1,133.55 feet which corresponds to the western boundary of Plaintiff's existing property and that same eastern boundary closely approximates the eastern 2 boundary of Mr. Kurtz's property. From this point, the land described in this proceeding proceeds along a course which corresponds to the northern boundary of Mr. Kurtz's property. 8. Petitioner believes and therefore avers that all or part of the property claimed by Plaintiff as being owned by either Elmer Erb or William Penn is and has been consistently owned by Petitioner. 9. On or about September 27, 2004, Petitioner applied to have the parcel categorized as Forest Reserve by Cumberland County. On September 28, 2004, the Cumberland County Recorder of Deeds approved this designation. Said approved designation was recorded in the Cumberland County Recorder of Deeds Office at Book 265, page 2925. A copy of said approved application is attached hereto and made a part hereof as Exhibit "D". 10. Contrary to Plaintiff's assertion in paragraph 6 of his Quiet Title Complaint, the Cumberland County Tax Assessment Office lists Mr. Kurtz as the owner for a large portion of the property claimed by Plaintiff to be owned by others and that is the subject of this proceeding. As the property claimed by Plaintiff includes but is larger than that described in Plaintiffs action, there is little doubt that there is no precise tax parcel that corresponds to that claimed by Plaintiff. However, this does not negate the fact that Plaintiff seeks to take property owned by Petitioner. 11. While it also may be true that no deed with the precise courses and distances mentioned in paragraph 4 of the Complaint exists, contrary to Plaintiff's assertions in paragraph 5 of his Quiet Title Complaint, the property described encompasses all of the property owned by Mr. Kurtz as well as land owned by others. 12. Contrary to the assertion contained in paragraph 6 of his Quiet Title Complaint, even a cursory examination of the Cumberland County Tax Assessment Office would have revealed that the claimed land included the property of Mr. Kurtz. 3 13. Contrary to the assertions contained in paragraph 7 of the Quiet Title Complaint, Plaintiff has not been in sole possession of Mr. Kurtz's property in excess of 21 years. Mr. Kurtz has repeatedly and consistently walked his property and posted his property with no trespassing and no hunting signs which Plaintiff has repeatedly ignored or removed. During the 1981 - 1982 time period, Mr. Kurtz erected a storage shed on this property. Since that time, Petitioner has repeatedly visited the shed, storing various implements therein. Petitioner has also made it known to Plaintiff that a portion of the claimed property was owned by Petitioner. 14. Despite the requirements of Pa R.C.P. 1061 and 400, et seq., and plaintiff's knowledge of the proper owner of the majority of the claimed property, Plaintiff ignored the obligations of notifying all parties in interest of his action. In addition to his actual knowledge of ownership, if Plaintiff had made a reasonable effort to search for and identify all owners of the property or portions thereof he would have discovered the deed of Mr. Kurtz. Likewise, if Plaintiff would have searched the Cumberland County Tax Assessor's Office, he would have discovered that since 1979, Mr. Kurtz has been paying real estate and other taxes on a large portion of the property now claimed by Plaintiff. Thus, the sworn averments contained in Plaintiff's Complaint and Motion for Service by Publication and Posting are not correct. 15. Mr. Kurtz became aware of this action on November 25, 2006, when after Mr. Kurtz walked through his property, Plaintiff attempted to have Mr. Kurtz arrested for allegedly trespassing on his own property. A true and correct copy of the Hampden Township Complaint Report is attached hereto and made a part hereof as Exhibit "E". 16. Subsequent to the actions of Plaintiff, the undersigned counsel has attempted to reach an amicable resolution of this matter with Counsel for Plaintiff. To date there has been no such resolution. 4 17. Petition is concerned that Plaintiff will, as a result of the default judgment entered in this proceeding, take further actions detrimental to the interests of the proper owner of a large portion of the subject property. WHEREFORE, Petitioner, Mr. Gary J. Kurtz respectfully requests that Your Honor vacate your order of October 20, 2006, and open the default judgment. Respectfully submitted, Doll, Esquire est Second Street Hummelstown, PA 17036-0403 (717) 566-9000 Attorney I.D. # 22814 Dated: January 3, 2007 P.O. Box 403 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title VERIFICATION I, Gary J. Kurtz, hereby verify that the statements made in the foregoing Petition of Open Judgment are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsifications to authorities. ry J. Kurtz Dated: January 3, 2007 6 WARRANTY DEED NU. 615 1S ? T' -OF I '. OF THE REVJRT)E-+; OF 1,i; DS ?. GR?N?HE(?tAwD G,.INTY PENNSYL''+h M ?Y I tl i 13? 79 1flabr 144 day of in the year"of our Lord one thousand nine hundred and seventy-nine (1979) 1Erflurrlt KENNETH G. SGRIGNOLI and ANNA L. SGRIGNOLI, his wife, of the Township of Hampden, County of Cumberland, and State of Pennsylvania, GRANTORS AND Gary John Kurtz, single man, of the Township of Franklin, County of York, and State of Pennsylvania, GRANTEE llihtr!isrtli, that the said harties)f the first hart, for and in. corrsid.erati.on of the swin of NINE THOUSAND EIGHT HUNDRED AND N01100 DOLLARS--------------($9,800.00) L'ollars, lazeful. moncy of the United AStaics li-nto them well and truly paid by the said parties of the second part, the receipt teircreof is hereby aclcnow1cdgcd, do hereby grant, ?,n Trr,!QYi. Sr11. 71;/,v. rn fen ff, rrlraer, rolt71c!! !!ad confirln unto the said parties of the second part, their heirs and Assigns, Nit THAT CERTAIN tract of Mountain Land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone heap; thence by lands formerly of Hartman, now of Mike Cekovich, South 51 1/4 degrees West, twenty-three and four-tenths (23.4) perches to a post and stones; thence by lands formerly of Benjamin F. Wertz, now of Oliver W. Bricker, North 18 degrees West, eighty-one (81) perches to stones near a chestnut oak tree; thence by lands formerly of W. L. Messinger, now of McCormick, North 82 3/4 degrees East, twenty and four-tenths (20.4) perches to stones; thence by lands now or formerly of William M. Erb, South 17 3/4 degrees East, sixty-eight and three-tenths (68.3) perches to the place of BEGINNING. CONTAINING ten (10) acres and one hundred thirty-four (134) perches. BEING the same premises which John Cekovich and Ruth A. Cekovich, his w; wt;, r,I , 7?.,' in. +1- nFri,!e of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Volume 25, Page 956, granted and conveyed unto Kenneth G. Sgrignoli and Anna L. Sgrignoli, his wife, Grantors herein. TOGETHER with that certain right-of-way and/or easeent for the purpose of granting access to the above described property to the public highway as set forth in Deed of Benjamin F. Wertz to John C. Fink dated March 28, 1903, and recorded in the Cumberland County Recorder's Office in Deed Book "K", Volume 8, Page 393. ? 4'tls EXHIBIT a A J Q unijrIher with all and singular the hereditaments and appurtenances thereunto belong- ing or in anywise appertaining and the rcvcrsions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and denta'nd whatsoevcr of the said part of the first part,, in law. equity or otherwise of, in, and to the sante and-cz,crtt part thereof. uo Baur imb in Bulb the above described premises with the appurtenances unto the said part ies o School Did. Cumb. Co., Pa. i % Real estate Transfer Tax Gimb. Co. Dist. CoI. Apt. f the second part their heirs and Assigns, forever. lownsnip of ' Cumb. Co., Pa. r % Re Estate Transfer Tex i3a //gyp i?. = ?r?cici Cumb. Co. Dist. Col. A, Anb the said parriesof the first part, do hereby covenant and agree to and with the said parties of the second part, that the said parties of the first part Execu- tors and Administrators, Shall and TNTill Warrant and Forever Defend the herci.n above de- scribed premises with the hereditaments and appurtenances, unto the said parties of the second part, heirs and Assigns, against the said parties of the first part and, against every other person lawfully claiming, or who shall hereafter claim, the same or any part thereof. Jn W111e54 1111jerruf,- ' the said part i. of the first part have herrzzat.to set hand and seal the day and year first above written. ? f £?r SEAL ilihr v1'Pcrttti' [t KENNETH G. SGRIGNOLI -? ANNA L. SGRIGNOLI, his wife CS AL ...>.:... ..->_.:...:.. t. ......... ....................... ?• J -..,,.... .... ....................... ? SEAL ..... S ALA' L i cool 28 PACE 548 (Evaimaituiraltlt of JJrnnmLilnanW ? afi, e &Iufttg of c On this, the day of A. D. 19 Yt before -int " the undersigned officer, personally appeared Kenneth G. Sgrignoli and Anna L. Sgrignoli, his wife known to me or (satisfactorily proven) to be the person zchosc naiiue subscribed to the within instrument, and acknowledged that they executed the saint for the purposes therein contained. In Milimns Mirrrnf, hereunto srt my hand and 'official seal. Tide of Officer - 1 i J t`lerrlul Trrtifil, that the precise residence of the Grantee .4 ttorney f or N: a 6 wr {? I-a` ?? _ fh7i (4 i ,n o C7l tJ '• o ? o ? C7; Cn i Oi M7 _ c u •"? : o R i L7 Tstimmuturaltl? of FrunsBlnania ?'inunt ' of Recorded on tleas ?? -- dar o f -7 rate A. D Iin the Recorder's Office of the said County in Deed Book ? me Page =Gi.ven under my hm2d and the seal of the said Office, thrabove written. wARPAR" DttZD Th. Pt..tasLa s 06. ww wpmt, Pit. 17701 q-41*0 MADE the day of in the year nineteen hundred and eighty-five (1985) BETWEEN ELLA MAE COHICK, single woman, of Camp Hill, Pennsylvania, party of the first part, hereinafter Grantor; - and - JOHN E. COHICK, JR., single man, of Wormleysburg, Pennsylvania, party of the second part, hereinafter Grantee. WITNESSETTi,17hat in consideration of ---------One Dollar and 00/100 ($1.00) ------------------------ Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said grantor do es hereby gnat and convey to the said grantee , ALL THAT, CERTAIN tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a fallen black oak on the line of lands of E.B. Leiby, thence North 19 degrees West 1,133.55 feet to a hickory; thence by North mountain 82 degrees East 504.9 feet to a black oak; thence by the lands formerly of Nicholas Redsecker, dec'd, South 12 degrees 45 minutes East 1,192.95 feet to a white walnut; thence by the lands of said E.B. Leiby North 87 degrees 30 minutes West, 396 feet to the ?dace of BEGINNING. 1 CONTAINING 11 acres, more or less, and the usual allowances for roads. UNDER AND SUBJECT to easements, restrictions, and rights-of-way or other matters of prior record. BEING the same premises which John E. Cohick and Ella Mae Cohick, his wife, by their deed dated 26 January 1984 and recorded in the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Volume at Page granted and conveyed unto Ella Mae Cohick, the Grantor herein. THIS CONVEYANCE IS EXEMPT FROM REALTY TRANSFER TAX BECAUSE IT IS A CONVEYANCE FROM MOTHER TO SON. I rJ • L"I r j BOOKZ31 FILE 35 1r t? EXHIBIT K !i AND the said grantor will generally WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, said grantor ha hereunto set hand and seal the day and year first above-written. Sealed and vered in the presence of << t6AL ....... .................. t? - . I .... II CERTIFICATE of RESIDENCE I hereby certify, that the precise residence of the gran a herein is as follows: e? L - C _ ......................._ -N'4• I ?vv 3 ...... .............._ }^^ N Attorney or Agent for Grantee J Commonwealth of Pennsylvania SS: of ,??s..^...... .............................. j On this, the 4-? day of ?)..., a 19aS, before me the undersigned officer, personally appeared G. 0-1 known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that S?^E' executed the same for the purpose therein contained. I 1;; IN WITNESS WHEREOF, I have hereunto set my hand and ft • •-? .' ; ? i? ,., My Commission im ltttN K7':Q_R;Np1pry Putjk? a',.? ' tamoym, Cunrbwlo?diC?ojj PA • ;? IAy t'.0001saw E;pirai fiial6, 19j1•.. Commonwealth of Pennsylvania } r SS: County of .............................................................. On this, the day of 19 , before me the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ..................... .......... ....... ...... I My Commission Expires ................:. ............ BO?r? FADE 36 . 1 , • i . R e .. i' O f.' ? m . D O7 W L• r . !V ?- ? '-t fNp ' '?. .0 17 ~a+y ? 1 ? , s. { ? rt' !• , C / ` . O ?. ?" , j " "c . a o ?.q o r c•,:1N? r p R } r 1492 '?. OSY , s. If O • r U m Jp ,. r a? a? ? O o m N t N 99 U) si ''t? .rte 0 0 0 N m a CD y R Q ? _ Y (? 0 C y . r #` ? `? m o T O d C . d i? 8. O L • 1D. II` •' '.y .... a' ?.•{ C . Q p ? ? N s f lH 7 R g i. x. ?J 4r ?• k 1 Q n U a O 0 w ? C) t A' A, 14.1 it O. ? T. . ` .. f'.°. ,y M?''' Grp ? 'o m, yV ;? .•? 11?; 7 ? O o gl Yp? -. °' „'•' -`t?+" r s o - ..r _ $ 721a3M 7,1 ?' L- ?.-" s .$:, r' ?" .,Y ? ^ ? i ?, • ?,,:. fir 1?.j CO ..ew ? r / ?, 1? 3 '? .' 4 _ ^? °s ??"sE` ? '+-^w ?• ? ° ? f r ?. % ? °??rf,r;; ? t. r= 4 • t ,Y r+r • ?, V a?i • 1 lui .. x -xi ?? iFf':• •r'' t.• ?.?'..a' '. '' ? . , lei. y,y.?"...' "? ? ,i I .?,(#•ti' Y. M Ap;? ,r. ?' '?` 4 f ,1 - _IZ ? • .o `f - ? h ? I C r". ? .. . ° ,. J". ?,?, dt!'E .? r sir 'r'• '? :r,?v? M 7 ?"?? '". T ?_ o a ? ?;' .. '. Ir -c" ?" ?'•: ? • l '?.1° ' Y e * t '.? ??,?' era. ?, ?. 'r° 4 ?-? }:? .y, ?. ?. v ,. ,bt•" str ,,? ds?,.,- r , }? a ...w •? r• t '.4 ' . y IL 00 4. cr ? •-..9-, i. ` r `t i x`J'+G "'`mar -'<+T+`'' (? ? • v LLI .. v m . m. W APPLICATION Use Value Assessment of Farm Land and Forest Land Under Act 156 of 1998 - Clean and Green PA Department of Agriculture Form AAO-82 CUMBERLAND COUNTY, PENNSYLVANIA OFFICIAL USE ONLY Q Agricultural Use Record Book---------- I Agricultural Reserve [f Forest Reserve Page - -- - D Disapproved Date Recorded Any questions regarding the proper completion of this application are to be directed to the Cumberland County Assessment Office by calling (717) 240-6350. 1. This application must be completed and executed by all owners of the property for which application is being made. Should the property be titled in the name of a corporation, the application must be executed by the individual authorized by corporate resolution to do so. Should the property be titled to an entity other than a corporation, the application must be executed by an individual cluly authorized to act on behalf of that entity. A copy of the appropriate corporate resolution or authorization must he attached to this application. 2. All signatures on this application must be notarized. This application may be filed in person or by mail with the Cumberland County Assessment Office. The office address is: Old Courthouse, First Floor, One Courthouse. Square, Carlisle, Permsylvania 17013. 3. Act 319 of 1974 was amended by Act 156 of 1998, and requires that this application be RECEIVED by the Assessment Office on or before June 1st of the year immediately preceding the tax year for which the property owner wants to enroll the property. Exception: In a year when a county implements a county-wide reassessment, or a county-wide reassessment of enrolled land, the application deadline shall be extended to either a date 30 days after the final order of the county Board of Assessment Appeals, or by October 15 ofthe same year, whichever date is sooner. This deadline is applicable regardless of whetherjudicial review of the order is sought. 4. A one-time application and recording fee of must be remitted with this application, payable to . 5. If the landowner changes the use to an ineligible use, the roll-back tax, plus six percent interest (compounded annually) will be charged against all parcels/deeds included in the application. Landowners who request any portion of their land to be declared ineligible for Use Value assessment must attach a site map showing the location and boundaries of the proposed ineligible land. 6. gualification for enrollment of your property into the Clean and Green preferential assessment program is detennined by meeting the minimum requirements established for any one of three land use categories: Agricultural Use, Agricultural geserve, or Forest Reserve. The specific eligibility requirements are described in the Cumberland County Clean and Green booklet, "Understanding the Clean and Green Program" The program is administered by the county. ALL QUESTIONS MUST BE ANSWERED. You may attach separate explanatory sheets should ynu feel your responses require additional detail. This application complies u+ith the uniform standards developed for use value assessment applications by the Commonwealth of Pennsylvania, Department of Agriculture - Form AAO-82. For more information, refer to Act 156 of 1998 and the Department of Agriculture's Rules and Regulations. You may obtain these documents from the Department of Agriculture. Property Identification Number (district, map, and parcel) 'v' 0 Daytime Telephone Last Name (individual or entity representative) First Initial Home Telephone Last Name (individual or entity representative) First Initial Land for which application is being made is owned by Last Name (individual or entity representative) First Initial ??;" Individual EXHIBIT p Partnership 71 Corporation a Last Name (individual or entity representative) First Initial 0 Institution Cooperative O Other (explain) Entity: partnership, corporation, institution, cooperative, or other name (if applicable) Mailing Address - Street ?"s 1, ? ` o ,l , p 7f`t v ltii i " h L `v , ` l 71 i Mailing Address - City, State, ZIP t Location Address - Street, City, Town; Dorough. County School District jj ^t- 1 ? F ? t 3 f f1s (•,?. i-,.-.f: 1 ,:1_.t `..? ( i ? f ?, 4 P-? ,71?..? ?.? i ? i :} 6 L ??` ? ?.I . f?'ff f f_' ?. ? ? . . , . , R ,. , . ? ?1. List the total number of acres represented on this application (if known). 2. Is the land currently assessed under Act 515 (1965 P.L. 1292, No. 515)(16 P.S. § 11941 et seq.]? X. -Yes ___ No 3. Is the land in this application leased for minerals ? _ Yes No 4. Under which category do you intend to apply (check all that apply)? Agricultural Use (Land in agricultural production for at least three years preceding the application for use-value assessment, and is either (1) comprised of 10 or more contiguous acres or (2) if less than 10 acres, is an individual tract of land contiguous to an eligible tract of land 10 acres or more in size or has anticipated yearly gross agricultural production income of at least $2,000.) Agricultural Reserve (Land that is open space land. In order to qualify, the land must be at least 10 contiguous acres in area, non- commercial, and must be open to the public for outdoor recreation nr enjoyment of the land's e±Ccnic ur natural beauty. The owner may not charge for public access to his or her property.) f Forest Reserve (Land that is presently stocked with trees such that the land is capable of producing annual growth of 25 cubic feet per acre, and the land is either (1) comprised of 10 or more contiguous acres, (2) if less than 10 acres, is an individual tract of land contiguous to an eligible tract of land 10 acres or more in size, or (3) if less than 10 contiguous acres, is used as a farm woodlot and adjoins land that is in agricultural use and has the same owner as the farm woodlot.) 5. If you have documentation supporting soil types or timber types, such as a conservation plan or a forestry management plan, please supply copies of this information with your application. This is not, however, a requirement for submitting an application. 6. For any additional land you own which might be eligible for use-value assessment, but for which you do not intend to apply, list amount of acreage. _ 7. Has the land represented on this application been actively devoted to agricultural use for the past three (3) years? __ Yes r° No Agricultural use is defined as "land which is used for the purpose of producing an agricultural commodity or is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to asoil conservation program under an agreement with an agency of the Federal government lat least 51% of tillable land must be farmed)." The applicant for use-value assessment hereby agrees, if the application is approved for use-value assessment, to submit 30 days written notice to the County Assessor of a proposed change in use of the land, a change in ownership of any portion of the land, any type of division or conveyance of the land, or commencement of direct commercial sales of agriculturally-related products and activities on the enrolled land. The applicant for use-value assessment acknowledges that, if the application is approved for use- value assessment, it will remain in effect continuously until the land owner changes the use from the approved category or until an ineligible split or separation occurs. At that time, a roll-bask tax, plus interest (72P.S. § 5490.5a) shall be paid for a period not to exceed seven (7) years. All owners of record must sign this application in the presence of a notary. The undersigned declares that this application, including all accomparutinq schedules and statements, has been examined by him, and to the best of his k ledge and belief is true and correct. Owner Owner Signature (individual) Owner Signature (individual) Owner Signature (individual) Officer Signature (Entity: partnership, corporation,.. institution, cooperative, or other) - r Date Date --? '- ,? --?-i Z=1 Date i71 { -J ._L Date w i r :`I N e? Date t...J - COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ? SS. On this, the day of 20 before me, a Notary Public, the herein signed, did personally appear T known to me (or satisfactorily proven) to be the person whose name is sworn and subscribed and executed the same,fo the pr,;Moses therein contained IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Pvotaiy Pti'c" , 4 >y tariai Seai _ Sally l_.:oc enauer, Notary Public My Comr 9ission Exl,4 3 I : Ham pclen Tipp,, Cumberland County (SEAL;--My Co*rlmissio't Expires Apr. 7, 2005 i Notary: Please attach additional ?' -- F sheets, if needed. `^? }8 p° S4 i; ar 3 A55t3etat!Cn 0; Olu'Ctes -•. > /? Complaint Report Commonwealth of Pennsylvania Complaint Information Hampden Twp. Complaint Number: Locked Record: Follow Up: Cali For Service: HAM20061100815 N No I PFU Description -? IPFOLLOW UP !status Priority: Method Received Date/Time Received Cleared 4 CAD 11/25/2006 4:12 PM Day of the Week How Handled ;Saturday Officer Assigned 1PROPERTY DISPUTE CALLED INTO STATION BY MR. JOHN KOHICK (2433 LAMBS GAP) IN OLV!NG HIS NEIGHBOR, MR. GARY KURTZ (2431 LAMBS GAP), WHO BOTH CLAIM THEY OWN A 10 ACRE PLOT OF LAND IN THE AREA. BOTH INDIVIDUALS BELIEVE THEY OWN THE CORRECT PAPERWORK. I ADVISED THEM I WAS NOT A LAWYER AND THAT THE INCIDENT IS CIVIL IN NATURE. KOHICK CLAIMS THERE ARE SURVEYERS !COMING AND THE DEED TO THE LAND SHOULD BE IN CONCRETE VIA THE COUNTY COURTHOUSE !SOMETIME THIS WEEK. I TOLD HIM HE COULD FAX ME A COPY IF HE WISHES. I THEN SPOKE WITH KURTZ 1WH0 WANTS TO SEE A COPY OF THE DEED. CLEARED. Complaint Location Street Number: Street Block: Predirection Street Name: Street Type: Po tdirection 2433 LAMBS GAP RD -Road j P.O. Box: Cross-Predirection Street Name: Street Type: _ Highway Name: ! ,Highway Number: Highway Milepost: Rural Route: County: (Jurisdiction Number. I Location Township Magisterial District: City: Political Subdivision: (State: Zone Number: Zip: Area: Grid: Residence Type: Unit Type: IPA 999 9999 Apartment (Unit Number: Latitude: Longitude: Location Type: Country: United States of America (USA) Location Description: - Officers Involved EXHIBIT Q E Q Page 1 Officer Name Role Resource Pulseth, Jason - 22 - Hampden Twp. 1922 Location Dispatched Street Number: 2433 Street Block: Predirection Street Name LAMBS GAP Street Type: RD - Road Postdirection - P.O. Box: I Cross-Predirection Street Name: Street Type: Highway Name: i I I I Highway Number: Highway Milepost: Rural Route: County: Cumberland - ---- - Jurisdiction Number: Location Township Magisterial District: City: Political Subdivision: State: PA Zone Number: Zip: Area: Grid: Residence Type: Unit Type Unit Number: Latitude: Longitude: Location Type: Country: United States of America (USA) Location Description: Dispatched Enroute (Arrived Cleared 11/25/2006 5:16 PM 1 i User Defined Field 1 I User Defined Field 2 1 II I iUser Defined Field 3 User Defined Field 4 Page 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title PROOF OF SERVICE I, Craig A. Doll do hereby certify that I have this day served a copy of the foregoing document by depositing a copy of same in the United States Mail upon the persons listed below via first class mail, postage prepaid in accordance with the provisions of Pa. R.C.P. Rule 440. Kurt A. Blake, Esquire Blake & Gross, LLC 29 East Philadelphia Street York, PA 17401 Craig )r?Doll, Esquire Attorney for Petitioner Gary J. Kurtz DATED: January 3, 2007 7 I .. -1A C'-). . f I 1 JAN V' 4 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title ORDER AND NOW, this day of January, 2007, upon consideration of the foregoing petition, it is hereby ordered that: (1) a rule is issued upon respondent, John E. Cohick, Jr. to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within ?O days of this date; Cumberland County Courthouse; (3) the petition shall be decided under Pa. R.C.P. No. 206.7. 11,w, (4) depositions or other discovery shall be completed within 0O? days of this date; b7 a 5'. WA-01 (5) argument shall be held on in Courtroom of the (6) all further actions in this proceeding shall be stayed until further order of this court; and (7) notice of the entry of this order shall be provided to all parties by the petitioner. J. VINVAIr- NN ' :'r-4 ? 14E Wd 6- Ni't' LOOZ , d1Ql vc tic ud ?N1 dQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR., Plaintiff vs. NO. 2006-1944 CIVIL ACTION ELMER ERB, WILLIAM PENN, deceased, : Action in Quiet Title his heirs, successors, assigns, devisee, administrators, executor, and any and all other parties of interest, Defendants PLAINTIFF'S ANSWER TO PETITION OF GARY J. KURTZ TO OPEN JUDGMENT AND NOW, comes the Plaintiff, by and through his legal counsel, BLAKE & GROSS, LLC, and in response to the Petition of Gary J. Kurtz, answers as follows: 1. ADMITTED. 2. DENIED. Denied, it is denied that Petitioner is the owner of a parcel of land located in the Township of Hampden, Cumberland County, Pennsylvania, by way of a Warranty Deed recorded May 14, 1979, in the Recorder of Deeds Office for Cumberland County in Deed Book K28, Page 547. It is further denied that said property carries the Tax Parcel No. 10- 11-3018-001 in the Cumberland County Tax Assessment Office. The document attached as Exhibit "A" speaks for itself, any allegations are BLAKE & GRoss, L. L. C. ATTORNEYS AA7) COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW. BLAKEGROSSLAW. COM denied. 3. DENIED. Denied, it is denied that Petitioner has consistently claimed and exercised ownership over the aforestated parcel through the payment of county and school taxes on the property. Further denied that Petitioner has periodically walked through the property to check on the condition of timber located on the property and has posted the property to prevent hunting on his property. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 4. ADMITTED. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 5. Exhibit "C" speaks for itself, any and all assumptions and averments contained by the reference thereto are specifically denied. By way of further averment, the said Exhibit "C" on its face casts doubt upon its accuracy. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 6. Exhibit "A" speaks for itself, any and all assumptions and averments BLAKE & GROSS, L. L. C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET ORK, PA 17401 7J7.848.3078 FAx 717.848.2777 WWW BLAKECROSSLAW. COM contained by the reference thereto are specifically denied. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 7. The Exhibits speak for themselves, any and all assumptions and averments contained by the reference thereto are specifically denied IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 8. The averments contained within Paragraph 8 of Petitioner's Motion/Petition are conclusions of law to which no reply thereto is necessary. To the extent that an answer is deemed necessary, all averments are specifically denied. 9. The averments contained within Paragraph 9 of Petitioner's Motion/Petition are conclusions of law to which no reply thereto is necessary. To the extent that an answer is deemed necessary, all averments are specifically denied. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 10. The averments contained within Paragraph 10 of Petitioner's Motion/Petition are conclusions of law to which no reply thereto is BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREEI YORK PA 17401 717.848.3078 FAx 717.848.2777 WWW BLAKEGROSSL 4W. COM necessary. To the extent that an answer is deemed necessary, all averments are specifically denied. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 11. The averments contained within Paragraph 11 of Petitioner's Motion/Petition are conclusions of law to which no reply thereto is necessary. To the extent that an answer is deemed necessary, all averments are specifically denied. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 12. The averments contained within Paragraph 12 of Petitioner's Motion/Petition are conclusions of law to which no reply thereto is necessary. To the extent that an answer is deemed necessary, all averments are specifically denied. IT IS DENIED that in. any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 13. The averments contained within Paragraph 13 of Petitioner's Motion/Petition are conclusions of law to which no reply thereto is necessary. To the extent that an answer is deemed necessary, all averments are specifically denied. IT IS DENIED that in any way or assumption that BLAKE & GRoss, L. L. C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 WWW BLAKEGROSSLAW.. COM the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 14. The averments contained within Paragraph 14 of Petitioner's Motion/Petition are conclusions of law to which no reply thereto is necessary. To the extent that an answer is deemed necessary, all averments are specifically denied. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action. 15. ADMITTED. 16. ADMITTED. 17. The averments contained within Paragraph 17 of Petitioner's Motion/Petition are conclusions of law to which no reply thereto is necessary. To the extent that an answer is deemed necessary, all averments are specifically denied. IT IS DENIED that in any way or assumption that the parcels of Petitioner are in anyway the same parcels as resolved previously by this action WHEREFORE, it is respectfully requested that this Honorable Court dismiss the BLAKE & GRoss, L. L. C. ATTORNEYS AND COUNYFLLORS AT LAW 29 EAsT PHILADFZPHIA S REST YORK PA 17401 717.848.3078 FAX 717 848.2777 WWW BLAKEGROSSLAW. COM petition/motion of Petitioner. NEW MATTER 18. The averments of Paragraph 1 through 17 of Plaintiff's Answer are incorporated herein by reference thereto, as if set forth at length herein. 19. Petitioner has failed to establish a cause of action or entitlement to relief. 20. The Petitioner has relied incorrectly upon the drawings of tax assessment for the location of his real property, which is inaccurate. 21. The petitioner may own land to the west of the subject property, but does not own the subject property. 22. Plaintiff has hired a surveyor and abstractor to thoroughly delineate the history of these parcels, which is not available as of the filing of this answer. 23. Petitioner has failed to timely file this petition. WHEREFORE, it is respectfully requested that this Honorable Court dismiss the ition/motion of Petitioner. Respectfully subm' ed, Blake & Gross, ° DATED: January , 2007 By: Kur,f A. Blake ID No. 68791 29 East Philadelphia Street York, Pennsylvania 17401 717.848.3078 BLAKE & GROSS, L.L.C AyjORNFYSAND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREF"i f ORR; PA 17401 717.848.3078 FAX 717.848.2777 WWW. BLAKEGROSSLAW. COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 FAS7' PHILADELPHIA STRET:7 YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW BLAKEGROSSLAW. COM OHN E. COHICK, JR., Plaintiff VS. NO. 2006-1944 CIVIL ACTION ELMER ERB, WILLIAM PENN, deceased, : Action in Quiet Title his heirs, successors, assigns, devisee, administrators, executor, and any and all other parties of interest, Defendants CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing, upon the following person by United States Mails, postage prepaid and addressed as follows: raig A. Doll, Esquire ost Office Box 403 ummelstown, PA 17036-0403 11A DATED: January ,L 1 2007 Respectfully Blake & Grc By: itted, Ku A. Blake ID No. 68791 29 East Philadelphia Street York, Pennsylvania 17401 717.848.3078 NU. 615 ::Z_ l*, 0yFI:e. OF THE REINPIbra? 0F GUH7BE R A L} iNtUHT'i FENNSYLVAIIIA iY Iq 11 31 AH 19 ifial'ir 111e day of Lord one thouaand nine hundred and seventy-nine (1979) ?eftUk`Ytt in the year" o f o'ur KENNE-H G. SGRIGNOLI and ANNA L. SGRIGNOLI, his wife, of the Township of Hampden, County of Cumberland, and State of Pennsylvania, GRANTORS AND Gary John Kurtz, single mart, of the Township of F;^ariklirl, County of York, and State of Pennsylvania, GRANTEE lfiTrrrzsrTii, that the said harties)f the first hart, for and in coilsidera.tioia of the siuia of NINE THOUSAND EIGHT HUNDRED AND N01100 DOLLARS --------------- ($`_',800.00) l'ollars, lawful -inoiu•y of the United States -unto them well and truly paid by the said parties of the second part, the receipt zEhereof 7s hereby acknowledged, do hereby grant,, 'v re's P'1, cell, rd;or1. r7frn(f, rrlraM. coTrl.` 11 1•'11(7 r0nfi M vntn the said parties of the sn-oriel part., their heirs and Assigns, alt THAT CERTAIN tract of Mountain Land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone heap; thence by lands formrly of Hartman, now of Mike Cekovich, South 51 1/4 degrees West, twenty-three and four-tenths (23.4) perches to a post and stones; thence by lands formerly of Benjamin F. Wertz, now of Oliver W. Bricker, North 18 degrees West, eighty-one (81) perches to stones near a chestnut oak tree; thence by lands formerly of W. L. Messinger, now of McCormick, North 82 3/4 degrees East, twenty and four-tenths (20.4) perches to stories; thence by lands now or forrrer_ly_ of William M. Erb, South 17 3/4 degrees ? , sixty-eight and three-tenths (68.3) perches to the place of BEGINNING. CONTAINING ten (10) acres and one hundred thirty-four (134) perches. BEING the same premises which John Cekovich and Ruth A. Cekovich, his )1i t-ti- -q't'r. ?';1)(i - t C n.?_ in thn n'F I :1 !. of the Recorder of Leeds in and for Cumberland County, Pennsylvania, in Deed Book "E", Vol>ure 25, Page 956, granted and conveyed unto Kenneth G. Sgrignoli and Anna L. Sgrignoli, his wife, Grantors herein. TOGETHER with that certain right-of-way and/or eageimnt for the purpose of granting access to the above described preperty to the public highway as set forth in Deed of Benjamin F. Wertz to John C. Fink dated March 28, 1903, and recorded in the Cumberland County Recorder's Office in Deed Book "K", Volume 8, Page 393. 547 a EXHIBIT CD a A a i ALL-STATE LEGAL° m Cl) z m m c m m w cn 1 t '~ a .`. C r.= ..? o E> ? 3?z'S 6h? m `((5 X F t' _,• Q to n O O O n ? C S O n G. ~ TO 7 d .?. n D01? 47?-D1o C7 c S w o? o ? .. a co N O 7 00 ? C Q. ? D .? N N CD U N 3 m O 0 r0) . % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title RESPONSE OF GARY J. KURTZ TO NEW MATTER NOW COMES Gary J. Kurtz, Petitioner in the above captioned proceeding, by and through his undersigned counsel, and, pursuant to the provisions of Pa. R.C.P. 8 and 1026, files this response to New Matter contained in the Answer of Plaintiff John E. Cohick, Jr. to Mr. Kurtz's Petition to Open Judgment. 18. ADMITTED N PART, DENIED IN PART. The allegations contained in paragraph 18 merely incorporate into New Matter those answer previously provided by Plaintiff, and no answer is required. To the extent that an answer is deemed necessary, it is admitted that Plaintiff filed answers to the various number allegations contained in Mr. Kurtz's Petition to Open and that those answers are incorporated within Plaintiff's New Matter. It is specifically DENIED that the responses are correct. 19. The averments contained within paragraph 19 of New Matter are conclusions of law to which no reply is necessary. To the extent that a reply is deemed necessary, it is DENIED that Petitioner has failed to establish a cause of action or entitlement to relief. 20. DENIED. It is denied that Petitioner has solely relied upon the drawings of the Cumberland County Assessment Office for the location of his property. It is further DENIED that the Cumberland County Assessment Office map does not accurately depict the location of the various parcels being taxed by Cumberland County and Hampden Township. Petitioner believes that said map accurately depicts the location of his property. 21. DENIED. The averments contained in this paragraph 21 are pure conjecture on behalf of Plaintiff. Therefore, the allegations that Mr. Kurtz may own property to the west of the area claimed by Plaintiff or that Mr. Kurtz does not own all or part of the land which is the subject of this proceeding are denied and strict proof is demanded thereof at time of trial. 22. DENIED. Mr. Kurtz is unaware of the actions being taken by Plaintiff in reference to this proceeding. Mr. Kurtz possesses insufficient information to form a belief as to the truth or accuracy of the averments contained in this paragraph, said information being in the sole possession and control of Plaintiff. Therefore the averments that Plaintiff has hired a surveyor and abstractor and the specific duties assigned them by plaintiff are DENIED. 2 23. DENIED. The averments contained within paragraph 23 of New Matter are conclusions of law to which no reply is necessary. If a reply is deemed necessary, it is specifically DENIED that the Petition to Open was untimely filed. WHEREFORE, it is respectfully requested that this Honorable court grant the Petition to Open, reconsider and reverse its order of October 20, 2006, and grant such other relief as deemed appropriate. Dated: February 7, 2007 Crai ' Doll, Esquire 25 st Second Street P.O. Box 403 Hummelstown, PA 17036-0403 (717) 566-9000 Attorney I.D. # 22814 Attorney for Gary J. Kurtz 3 Respectfully submitted, .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title PROOF OF SERVICE I, Craig A. Doll do hereby certify that I have this day served a copy of the foregoing document by depositing a copy of same in the United States Mail upon the persons listed below via first class mail, postage prepaid in accordance with the provisions of Pa. R.C.P. Rule 440. Kurt A. Blake, Esquire Blake & Gross, LLC 29 East Philadelphia Street York, PA 17401 oll, Esquire Attorney for Petitioner Gary J. Kurtz DATED: February 7, 2007 4 ;---? _ ?'i , ? '"? t _ ,=? _a ."-1 rT? i l a:: _ _ ? C:'3 "';"} - - ' ° , C - ? :; - .: •• "'- . .,. : ? .7 7 • .. 1` 44 1 Action in Quiet Title CERTIFICATE OF SERVICE I, Lorena M. Wiser, Legal Assistant to Kurt A. Blake, Esquire, do hereby certify that a true IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. Plaintiff 2006-1944 Civil Action vs. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants and correct copy of the foregoing Motion for Continuance was served upon the following person by United States Mails, First Class, Postage pre-paid and addressed as follows: Craig Doll, Esquire 25 West Second Street PO Box 403 Hummelstown PA 17036 BLAKE & GROSS, L. L. C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 WWW BLAKEGROSSLAW. COM May 4`h, 2007 By: Lorena M. Wiser Legal Assistant 29 East Philadelphia Street York, PA 17401 (717) 848-3078 '4 R t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. Plaintiff vs. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, John E. Cohick Jr., and his legal counsel, Kurt A. Blake, Esquire and in support of the Order for Continuance avers as follows: 2006-1944 Civil Action Action in Quiet Title 1. The Argument for the above referenced case has been scheduled for May 18th 2007 @ at 9:00a.m. in Courtroom #3. 2. The survey and depositions are Ancomplete at this time, and we are requesting an extended time for completion. 3. Opposing counsel Craig Doll, Esquire has been contacted and is unopposed to the continuance. WHEREFORE, it is respectfully requested that this Honcdra )le Court enter an Order establishing a new date and time for the argument on this case. submitted, BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717848.3078 FAx 717.848.2777 WWW BLAKEGROSSLAW. COM May 41h 2007 By: K . Bl e, Esquire ZEast No. 68 91 Phil delphia Street York, PA 17 0 (717) 848-3078 Attorney for Plaintiff ra C. ? -s'! -,- ; .e,,, ? -.--?? ? ? ? -ry t'r i C3? ?_? C ' .? ,-, ._? , i ?,t ?_'? ? ?_y BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717848.3078 FAX 717.848.2777 WWW. BLAKEGROSSLAW. COM MAY 09 2007 p11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. Plaintiff VS. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants ORDER 2006-1944 Civil Action Action in Quiet Title AND NOW, this day of May, 2007, it is hereby Ordered and Decreed that the Argument be continued and rescheduled regarding the above matter to the Day of , 2007, at 47. bd A .Min Court Room Number 3. Ok. oh% Judge Edward E. Guido '2 PH 1 ! ft,14 LUZ EA ?o JOHN E. COHICK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors, and any and all other parties of interest, Defendants NO. 2006-1944 CIVIL TERM ACTION IN QUIET TITLE ORDER OF COURT AND NOW, this 13th day of July, 2007, it is hereby ordered and directed that the judgment previously entered in this matter is open as it applies to any right, title and interest Mr. Gary J. Kurtz may have in the subject property. Furthermore, by agreement of the parties, Mr. Kurtz is added as an additional Plaintiff in this matter. We will schedule a hearing to determine the interests of the Plaintiffs in the subject property on the request of either Plaintiff. Ar. aig A. Doll, Esquire 2West Second Street P.O. Box 403 Hummelstown, PA 17036-0403 rt A. Blake, Esquire Blake & Gross, LLC 29 East Philadelphia Street York, PA 17401 srs J Edward E. Guido, J. ! I -U Wd C ! -ii"Ir tool IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR., PLAINTIFF V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title GARY J. KURTZ, ADDITIONAL PLATINFF ADDITIONAL PLAINTIFF GARY J. KURTZ'S REQUEST FOR ADMISSIONS ADDRESSED TO PLAINTIFF JOHN E. COHICK, JR. To: John E. Cohick, Jr. Pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, Additional Plaintiff Gary J. Kurtz, by his undersigned attorney, hereby serves the within Request for Admissions upon Plaintiff John C. Cohick, Jr. for the purpose of this action only. Each request should be answered fully and unless admitted, shall specifically deny the matter, setting forth in detail the reason therefore or why, the answering party cannot truthfully admit or deny the request. Each matter set forth hereinafter shall be deemed admitted unless you serve an answer or objection upon counsel for the Additional Plaintiff within thirty (30) days of the date of the date of service hereof. You are requested to admit the following: Plaintiff, John E. Cohick, Jr. resides at 2433 Lambs Gap Road, Enola, Cumberland County, Pennsylvania. 2. The tax parcel number of the residence property owned by Mr. Cohick is 10-11- 3016-023A. 3. The property which is the subject of this proceeding is not Mr. Cohick's residence property. 4. Mr. Cohick purchased what is now his residence property in 1985. 5. Mr. Cohick began living on the property 17 to 18 years before the deposition on July 9, 2009. 6. Mr. Cohick occupied his current residence property in 2002. 7. Additional Plaintiff Gary J. Kurtz resides at 2431 Lambs Gap Road, Enola, Cumberland County, Pennsylvania. 8. The tax parcel number of the residence property owned by Mr. Kurtz is 10-11- 3016-002. 9. The property which is the subject of this proceeding is not Mr. Kurtz's residence property. 10. The property in question in this proceeding has no address but has been assigned a tax parcel number of 10-11-3018-002, by the Cumberland County Tax Assessment Office. 11. The tax parcel number was given to the property subsequent to the recording of a deed by Mr. Cohick on November 27, 2006. 12. The property which is the subject of this proceeding lies between the residence parcel of Mr. Cohick and a parcel being numbered 10-11-3018-001 which is owned by Additional Plaintiff Gary J. Kurtz. 13. The property in question in this proceeding contains 10.012 acres more or less. 2 14. No title search to ascertain the true owner of the property in question was performed prior to the filing of the complaint. 15. A title search was performed on the property in question only after Mr. Cohick recorded a deed in his name. 16. No survey was performed on the subject property prior to the filing of the complaint. 17. Plaintiff Cohick has no experience as a surveyor. 18. Based upon estimates, Plaintiff Cohick derived the metes and bounds description that was contained within his pleadings filed with this Court. 19. The metes and bounds description furnished to this court were in error and encompassed a significant portion of the property acknowledged to be owned by Mr. Gary Kurtz. 20. Without seeking approval of this Court, Mr. Cohick recorded a second deed for the property that is the subject of this proceeding which was materially different than that approved by Order of this Court. 21. Plaintiff failed to provide notice of the filing of this action to a known owner of property being claimed by adverse possession. 22. The tax parcel number of the property claimed in this proceeding and contained in the pleading filed with the Court are in error. 23. The property that is the subject of this proceeding has never been the subject of a tax sale. 24. Mr. Cohick paid no taxes on the property which is the subject of this proceeding. 25. Mr. Kurtz paid taxes on a portion of the property that was described in pleading filed with this Court. 3 26. The subject property is primarily woodland. 27. Mr. Cohick has utilized the property in question in this proceeding on occasion for hunting, trapping, hiking, and other recreational purposes. 28. Mr. Cohick saw Mr. Kurtz traverse the property which is the subject of this proceeding on numerous occasions but did not prevent Mr. Kurtz from entering the property until Mr. Cohick attempted to have Mr. Kurtz arrested for trespassing on November 25, 2006. 29. Mr. Cohick has never built any structures, either permanent or temporary on the property that is the subject of this proceeding. 30. Mr. Cohick has never planted any crops on any portion of the property in question in this proceeding. 31. Mr. Cohick has never erected fencing on the property which is the subject of this proceeding. 32. Until after the recording of the erroneous deed, Mr. Cohick did not post the property that is the subject of this proceeding. 33. Mr. Kurtz built a temporary structure on the property that is the subject of this proceeding in the 1980's. 34. In the summer of 1981-1982 Mr. Kurtz clear a portion of the property that is the subject of this proceeding. 35. In 1982, Mr. Kurtz planted an orchard on a portion of the property that is the subject of this proceeding. 36. Mr. Kurtz utilized the apples from the orchard for feed for livestock. 37. In 1983, Mr. Kurtz excavated a portion of the property that is the subject of this proceeding. 4 38. Further excavation work was performed on the center portion of the property that is the subject of this proceeding in 2005 after Mr. Kurtz had cleared another portion of the land. 39. Mr. Kurtz planted tomatoes and sorghum on the property that is the subject of this proceeding in 1988. 40. Mr. Kurtz has not been able to actively harvest any crops from the property that is the subject of this proceeding since Mr. Cohick attempted to have Mr. Kurtz arrested after the filing of the Complaint in this matter. Respectfully submitted, Cra' Doll, Esquire 2 est Second Street P.O. Box 403 Hummelstown, PA 17036-0403 (717) 566-9000 cdol176342La)..aol.com Attorney I.D. # 22814 Attorney for Additional plaintiff Gary Kurtz DATED: November 6, 2009 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title PROOF OF SERVICE I, Craig A. Doll do hereby certify that I have this day served a copy of the foregoing document by depositing a copy of same in the United States Mail upon the persons listed below via first class mail, postage prepaid in accordance with the provisions of Pa. R.C.P. Rule 440. Kurt A. Blake, Esquire Blake & Gross, LLC 29 East Philadelphia Street York, PA 17401 DATED: November 6, 2009 7 Attorney for Petitioner Gary J. Kurtz FILE -4 2039 rN 01 x 0 1,i z ?: V v r D ORIGINAL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OHN E. COHICK, JR. VS. 2006-1944 Civil Action Plaintiff ER ERB, WILLIAM PENN, deceased, his successors, assigns, devisees, administrators, rtors and any and all other parties of interest Defendants Action in Quiet Title Y J. KURTZ, Additional Plaintiff REPLY TO REQUEST FOR ADMISSIONS AND NOW, this the 3rd day of December, 2009, comes the Plaintiff, John E. Cohick, Jr., by and through his attorney, Kurt A. Blake, Esquire of Blake & Gross, LLC, and in response to the Additional Plaintiff Gary J. Kurtz's Request for Admission Addressed to Plaintiff, avers as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted and Denied. It is admitted that Mr. Cohick moved into his newly constructed home which was built in 2002 - 2003 in about that time period. DENIED. It is denied that Mr. Cohick had not lived on the property prior to the home being built. 7. Admitted. 8. Admitted. 9. Admitted. BLAKE & GROSS, L.L.C. ATTORNEYS AND COUNSELORS AT LAW 29 East Philadelphia Street York, PA 17401 717-848-3078 FAX 717-848-2777 10. DENIED. It is denied that the property does not have an address, as such is listed on CCPA-NEt as Lambs Gap Road with the Parcel no. By way of further answer this is consistent with Mr. Kurtz's property to the west of the subject property, being listed as Wertzville Road. 11. Admitted. It is admitted that a new number was assigned with the recording of the deed. Denied. It is denied that such is the first or only time the parcel had a tax id assigned to it. 12. Admitted. 13. Admitted. 14. Denied. It is denied that Plaintiff undertook no search efforts ascertain the true owner of the property in question. ADMITTED. It is admitted that a full title search was performed after the filing of the complaint. 15. Denied. It is denied that Plaintiff undertook no search efforts ascertain the true owner of the property in question. ADMITTED. It is admitted that a full title search was performed after the filing of the complaint. By way of further answer, representatives of the County of Cumberland assisted Plaintiff was ascertaining ownership, tax scenarios and history additionally. 16. Admitted. 17. Admitted. BLAKE B GROSS, L.L.C. ATTORNEYS AND COUNSELORS AT LAW 19 East Philadelphia Street York, PA 17401 717-848-3078 FAX 717-848-2777 18. Admitted and Denied. By way of further answer what was unknown to all parties was the discrepancy of the descriptions of the subject parcel and even the Additional Plaintiff, ie - that there was more property to the north than previously understood, including 2+/- acres on Additional Plaintiffs parcel which was the result of the Plaintiff incurring over $18000.00 in surveying costs and expenses. DENIED. The entire process was not undertaken with estimates. 19. Admitted. It is admitted that the initial legal description was erroneous and only after the Plaintiff incurred over $18,000.00 in survey expenses the true and exact legal description of the subject parcel was ascertained for this wooded mountain land. DENIED. It is denied that the error infringed upon Additional Plaintiff, as Plaintiff has not plotted an overlay on the survey to understand the direct implication of the prior description. 20. DENIED and Admitted. It is admitted that a second deed was recorded. DENIED. It is denied that leave of the Court was required. 21. Denied. It is denied that Kurtz is an actual owner of the subject parcel at issue. It is denied that service was not properly effectuated as such was accomplished in accordance with a Court Order. 22. The averments of Paragraph 22 of Additional Plaintiff Gary J. Kurtz's Request for Admission Addressed to Plaintiff are conclusions of law, to which no response is necessary. To the extent that an answer is deemed necessary, such is specifically denied. 23. Denied. It is denied that the property in question has never been the subject of tax claim involvement and proceedings. 24. Denied. It is denied that Cohick has paid no taxes on the subject BLAKE & GROSS, L.L.C. ATTORNEYS AND COUNSELORS AT LAW 19 East Philadelphia Street York, PA 17401 717-848-3078 FAX 717-848-2777 property as currently described. 25. Admitted in part and Denied in part. It is admitted that when there was an erroneous description that there may have been overlap onto other properties, whether in fact such encompassed Kurtz is unknown and denied. DENIED. It is denied that Kurtz has ever paid taxes on the current subject parcel. By way of further answer the tax bill for which Kurtz paid taxes only involves his property to the west of the subject property, and he never paid taxes on the current legal description of the subject property. 26. Admitted. 27. Admitted and Denied. It is admitted that Plaintiff has used the subject property for hunting, trapping, hiking and other recreational purposes on a regular and year round use. DENIED. Denied that such use was limited in scope or time. 28. Denied. It is denied that the Plaintiff has not stopped Additional Plaintiff at times he saw him on the subject property. By way of further answer Additional Plaintiff does not possess an easement, a license, or permission to come across the land of Plaintiff so any such action would involve trespass by Defendant. 29. DENIED. It is denied that Plaintiff has never built any structures on the subject property. By way of further answer Plaintiff has constructed deers stands thereon. 30. DENIED. It is denied that Plaintiff has never planted crops or plantings on the subject property. 31. Admitted. 32. DENIED. It is denied that Plaintiff has not previously exercised ownership rights and/or noted signs. 33. Denied. It is denied that Kurtz built a structure on the subject parcel, and in fact took efforts to move such structure onto the subject parcel after the commencement of the litigation. In fact such building was over 100 feet away from the property line on Mr. Kurtz property, not the subject parcel. 34. Denied. Plaintiff is without sufficient information, knowledge or belief to form an answer to this averment, thus such is specifically denied. 35. Denied. Plaintiff is without sufficient information, knowledge or belief to form an answer to this averment, thus such is specifically denied. 36. Denied. Plaintiff is without sufficient information, knowledge or belief to form an answer to this averment, thus such is specifically denied. 37. Denied. Plaintiff is without sufficient information, knowledge or belief to form an answer to this averment, thus such is specifically denied. 38. ADMITTED and Denied. It is admitted that without permission Additional Plaintiff had a rough moving of some dirt. It is denied that there was clearing of land or any installation of any functional use by these efforts. This was without consent of Plaintiff. 39. Denied. Plaintiff is without sufficient information, knowledge or belief to form an answer to this averment, thus such is specifically denied. BLAKE 8 GROSS, L.L.C. ATTORNEYS AND COUNSELORS AT LAW 29 East Philadelphia Street York, PA 17401 717-848-3078 FAX 717-848-2777 40. Denied. It is denied that Mr. Kurtz ever actively harvested any crops, and additionally he has access within his deed from Wertzville Road to his property. ? BY: A. MULLY SUBMITTED: Gross, LLC ID NO. 29 East Philadelphia Street York, PA 17401 (717) 848-3078 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E. COHICK, JR. Plaintiff 2006-1944 Civil Action VS. ER ERB, WILLIAM PENN, deceased, his successors, assigns, devisees, administrators, ?tors and any and all other parties of interest Defendants Action in Quiet Title Y J. KURTZ, Additional Plaintiff CERTIFICATE OF SERVICE I, the undersigned do hereby certify that I have served a true and correct copy of the foregoing Reply to Request for Admissions upon the following person by United States Mails, First Class, Postage pre-paid and addressed as follows: Gary J. Kurtz Craig Doll, Esquire 25 West Second Street PO Box 403 Hummelstown PA 17036 Attorney for the Defendant day of December 2009 BY: -, Attq/rney ID No. 68791 29 East Philadelphia Street York, PA 17401 (717) 848-3078 BLAKE & GROSS, L.L.C. ATTORNEYS AND COUNSELORS AT LAW 29 East Phlladelphla Street York, PA 17401 717-848-3078 FAX 717-848-2777 r,1 ?; : r;:}:v yr ,..` ; o ?` ?' ? ???? u r" ? ? ., l,?"` .l_ ? .tip` 1-- ,_ IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVAN John E. Cohick, Jr., Plaintiff 2006-1944 Civil Action V. Action to Ouiet Title ]Amer Erb, William Penn, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, Defendants Gary J. Kurtz, Additional Plaintiff OBJECTIONS OF ADDITIONAL PLAIN' GARY J. KURTZ TO SUBPOENA PURSUANT TO Gary J. Kurtz, an additional plaintiff to this proceeding by orde. 13, 2007, objects to the proposed subpoena that is attached to these obj reasons: 4009.21 of this Court dated July for the following The proposed' subpoena is improperly sought pursuant to R ale 4009.21. Counsel for plaintiff John E. Cohick, Jr. seeks the issuance of a subpoena pursuant to Pa. R.C.P. Rule 4009.21 - Subpoena Upon a Person Not a Party for Production of Documents and Things. Subpart (a) of that rule clearly limits the application of that rul for the production of documents from persons not a party to a proceed]' The subpoena itself seeks the production of: Any and all bank statements and records from July, 21 January, 2006 in regards to the account of Gary Kurtz Kurtz, 2431 Lambs Gap Road, Enola, Pa 17025. as a discovery vehicle 5 through id Gail E. Gail E. Kurtz is the wife of Mr. Gary J. Kurtz. As is evident from the caption on Plaintiff's Notice, Certificate, the Proposed Subpoena, and these Objections, Mr. Kurtz is a party to this proceeding by Order dated July 13, 2007, entered by Judge Edward E. Guido. Requests for documents in the possession of a party to the proceeding are governed by Pa. R.C.P. 4009.11, which does not require the issuance of a subpoena. The information sought violates Pa. R.C.P. 4011 as well as Rule 4011. Limitation of Scope of Discovery and Deposition pro- 4003.1(a). in pertinent part: No discovery or deposition shall be permitted which (a) is sought in bad faith; (b) would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or an person or party; (c) is beyond the scope of discovery as set for?h in Rules 4003.1 through 4003.6. Rule 4003.1(a) provides in pertinent part: Subject to the provisions of Rules 4003.2 and 4003.5 inclusive and Rule 4011, a party may obtain' discovery regarding any ' matter, not privileged, which is relevant to the subject matter involved in the pending action. Plaintiff Gary Kurtz objects to the subpoena on the basis that the information sought is not relevant to any issue in this proceeding, is not reasonably calculated to lead to the discovery of admissible evidence, is vague, ambiguous, overly broad and unduly Whether information sought is relevant is based upon the issues) and legal theories present in the proceeding before the court. Those issues and legal theories have) been set forth in the pleadings in this case. To be relevant, the information sought must have a tendency to prove or disprove something in controversy. The action before this Court is one of quiet title wherein the original plaintiff sought to claim in excess of 15 acres of land through adverse possession. The criteria for maintaining a claim of adverse possession is clear. The individual making the claim must prove that he or she has had actual, continuous, exclusive, visible, distinct, and hostile possession of the subject property for twenty-one years. These criteria form the basis of the issues that are to be decided in this proceeding. Mr. Kurtz's bank records have absolutely no bearing o whether the original plaintiff Cohick, Jr. or additional plaintiff Kurtz had actual, continuous, exclusive visible, notorious, distinct and hostile possession of the subject property or the duration of that claimed possession. Even a cursory review of the requested subpoena fails to reveal any basis for a conclusion that the documents sought are relevant to any issue in this p oceeding. Further, nowhere in any of the pleadings is there any allegation made regarding he payment of any funds, nor is their any claim of monetary damages or any other claim involving the financial condition of Mr. and Mrs. Kurtz. Thus, the subpoena should not be issu d as the information sought is not relevant and beyond the scope of discovery. The request is not only beyond the scope of discovery, but is also objected to on the basis that the information sought is overly broad, burdensome and merely constitutes a fishing expedition by counsel. The request is for all bank records of a party to t lie proceeding over a six month period whether or not those records even have any potential hand. Additionally, the request could involve the production of must be gathered and involve the personal finances of Mr. and Mrs. p to the issues at of documents which which are not in issue in this proceeding. V WHEREFORE, Additional Plaintiff Gary J. Kurtz, respectfully i Honorable Court refuse to issue the subpoena. Respectfully Crai . Doll, Es 25 West Second P.O. Box 403 Hummelstown, P (717) 566-9000 (717) 566-9901 Attorney I.D. # Attorney for Additi Gary J. Kurtz that this I?v 17036-0403 m 14 anal Plaintiff Dated: November 3, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI. JOHN E. COHICK, JR. V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS Gary J. Kurtz, Additional Plaintiff No. 2006-1944 Cl Action in Quiet 1 PROOF OF SERVICE I Action I, Craig A. Doll do hereby certify that I have this day served a c document by depositing a copy of same in the United States Mail upon via first class mail, postage prepaid in accordance with the provisions c Kurt A. Blake, Esquire Blake & Gross, LLC 29 East Philadelphia Street 'f'ork, PA 17401 py of the foregoing he persons listed below Pa. R.C.P. Rule 440. v "W" FLo- Craig Attorney for I Gary J. Kurtz DATED: November 3, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOHN E. COHICK, Jr., 2006-1944 Civil Action Plaintiff Vs. Action in Quiet Title VIER ERB, WILLIAM PENN, deceased, heirs, successors, assigns, devisees, iinistrators, executors, and any and all er parties of interest, Defendant 3ARY J. KURTZ, Additional Defendant MOTION PURSUANT TO Pennsylvania Rules of Civil Procedure, Rule 4009,21(d)(1) FOR A RULING UPON THE OBJECTIONS OF THE ADDITIONAL DEFENDANT TO THE SUBPOENA REQUEST OF PLAINTIFF TO PA CENTRAL CREDIT UNION AND NOW, this the`% day of V)dlPM)DPd, 2011, comes the Plaintiff, and through his legal counsel, and in support of this Motion, avers as follows: 1. Plaintiff on or about October 25`h, 2010, provided to Additional Defendant's legal counsel, the Plaintiffs notice of intent to serve a subpoena with all the requisite accompanying documents. A true and correct copy is attached hereto as Exhibit "A". 2. By cover letter dated November Yd, 2010, the Additional Defendant BLAKE d GROss, L.L.C. ATIORNE}5 AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 notified Plaintiff's counsel of their objection to the subpoena. A true and correct copy is attached hereto as Exhibit "B". 3. Plaintiff's counsel by letter dated November 7"', 2010, attempted to explain and provide additional support for the request to Counsel for the Additional Defendant. A true and correct copy thereof is attached hereto as Exhibit GGC„ 4. The request of Plaintiff is for the following reasons: A. Additional Defendant has asserted having excavation work performed on the property at issue by an entity known as EKI, in the year 2005. B. Plaintiff previously served EKI with a proper Subpoena and was advised by EKI that there was no record of the performance of work for the additional defendant. C. Additional Defendant had by letter of his counsel dated August 5tt', 2009, asserted that they had proof of payment, and that EKI was no longer in business. A true and correct copy of such is attached hereto as Exhibit "D". D. Plaintiff was able to confirm that EKI is still in business. BL4lf6 d GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW, 29 EAST PHILADELPHIA STREET YORK PA 17401 717.848.3078 FAX 717.848.2777 E. Plaintiff also evaluated the alleged proof of payment evidence provided by the Additional Defendant, and which is check 6479 of r the Additional Defendant and his wife, drawn on Pa. Central Credit Union, such is attached hereto as a part of Exhibit "D". F. A review of the check, shows that the check as shown has not been transacted, ie - been cashed/deposited or transacted by EKI. j j G. Given that the prior assertions of the Additional Defendant have been shown as inaccurate, the Plaintiff feels that an appropriate discovery mechanism would be to subpoena the records for the time periods, before, during and after the alleged September 22na, 2005 check from the Credit Union. H. It is believed and alleged that initially Plaintiff could ascertain whether the number of such check was even in sequence with other checks in the time period. I. Such records may also be indicative if said check was indeed transacted. 5. The Additional Defendant has been unwilling to permit the issuance of the subpoena, and continues to asset the objection. BL4KF er GROSS, L.L.C. ATTORNEYs AND COUNSELLORS AT LAW 6. Plaintiff pursuant to the Rules of Civil Procedure requires the Court's 29 EAST PHLLADELPHm STREET YORK PA 17401 717.848.3078 FAX 717848.2777 intervention to resolve this matter. WHEREFORE, it is respectfully requested that this Honorable Court set a date and for a hearing on this Motion, and following such hearing enter an Order allowing the of the referenced subpoena. BLAKE 1A GROSS, LLC By: A. Blake BLAKE car GROSS, L.L.C ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 Y.D. o. 68791 29 E t Philadelphia Street York, A 17401 717-848-3078 ext 106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E. COHICK, Jr., 2006-1944 Civil Action Plaintiff Vs. Action in Quiet Title VIER ERB, WILLIAM PENN, deceased, heirs, successors, assigns, devisees, 1inistrators, executors, and any and all er parties of interest, Defendant Y J. KURTZ, Additional Defendant I, the undersigned, do hereby certify that I have served a true and correct copy of foregoing upon the following person by the method so indicated: .raig A. Doll, Esquire 5 West Second Street ost Office Box 403 [ummelstown, PA 17036 , LLC Blau & GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 BAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 By: A. Blake No. 68791 9 East Philadelphia Street York, PA 17401 717-848-3078 ext 106 EXHIBIT "A" BLAKE d GROn L.L.C. ATTORNEYS AND COUNSELLORS AT LAw 29 EAST PHILADELPHIA STREET YORX PA 17401 717.848.3078 FAX 717848.2777 Kurt A. Blake, Esquire I.D. No. 68791 BLAKE & GROSS, LLC 29 East Philadelphia Street York, Pennsylvania 17401 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. 2006-1944 Civil Action Plaintiff vs. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants Action in Quiet Title GARY J. KURTZ, Additional Plaintiff NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCT DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21. To: Craig A. Doll, Esquire 25 West Second Street PO Box 403 Hummelstown, PA 17036 Plaintiff, John E. Cohick, Jr., intend to serve a subpoena identical to the one that 9L4xE & GRoss, LLC Ar7oawn AND CoumuoxserLAw 'EAST PMADELPM4 STREET Yom PA 17401 717848.3078 FAX 717.848.2777 is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Dated: October 25`h, 2010 BY: Respectfully BLAKE & G Kurt A. Blake!-Esq ire 29 E. Philadelphia %reet York, Pennsylvania 17401 (717) 848-3078 I.D.#68791 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. Plaintiff VS. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest Defendants GARY J. KURTZ, Additional Plaintiff CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be serve; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and Br.X d GROSS, L.L.G ATromm AND COMSUWAS AT LAW 9 EAST PHILADELPHIA STREET YoRr4 PA 17401 717848.3078 FAx717.848.2777 (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Dated: 2006-1944 Civil Action Action in Quiet Title ully submitted, & GROSS, LLC 29 E. Philadelphia Street York, Pennsylvania 17401. (717) 848-3078 I.D.#68791 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. 2006-1944 Civil Action Plaintiff VS. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees,, administrators, executors and any and all other parties of interest Defendants Action in Quiet Title GARY J. KURTI, Additional Plaintiff SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: PA Central Credit Union 959 East Park Drive Harrisburg, PA 17111-2810 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Any and all bank statements and records from July, 2005 through January 2006 in regards to the account of Gary Kurtz and Gail E. Kurtz, 2431 Lambs Gap Road, Enola, PA 17025. Bun d GROSS, LLC AnDXNM AND COUNSaWM AT LAw 9 EAST PHRADELPAM STRUT YoRX PA 17401 717.848.3078 FAX 717.848.2777 To be Provided to: Kurt A. Blake, Esquire, Blake & Gross, LLC, 29 East Philadelphia Street, York, Pennsylvania 17401. You may deliver or mail legible copies of the documents or produce things by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena, was issued at the request of the following person: Plaintiffs. Respectfully b itted, BLAKE & O S, LLC BY: K . Blake, Esquire (61 29 E Philadelphia Street Yor , Pennsylvania 17401 (717 848-3078 hp LaserJet 3015 BLAKE + GROSS LLC 717-848-2777 Oct-25-2010 11:31AM Fax Call Report Job Date 417 10/25/2010 Time Type Identification 11:28:31AM Send 17177618632 Kurt A. Blake, Esquire I.D. No. 69791 BLAKE A GROSS, LLC 29 East PldWWpWa Street York, Pennsylvania 17401 im 40 i n v e n t Duration Pages Result 2:59 3 OK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. 2006.1944 Civil Action Plaintiff VS. ELMER ERB, WILLIAM PENN, deeessed, his heirs, successors, aasiyu devisees, administrators, i f i h executota and anv and all ot er part es o nterest Defendants Action in Quiet Title GARY J. KURTZ, Additional Plain iff NOTICE OF TO VE A SUBPOENA TO PRODU DOCU , A To: Craigg A. Doll, Esquire 25 Vftzt Second Street ND THDiC? PO Box 403 Hummelstown, PA 17036 Plaintiff, John E. Cohick, Jr., intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and save upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. O Dated: October 25a, 2010 ResoectfWl y submgd BY: Ira d GWA LLC. .bledaA CbOet ffL- "&Wp iaaevwa sY Irwc M INN 1170603101 FW717,69J777 j EXHIBIT "B" BLAKE & GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK PA 17401 717.848.3078 FAX 717.848.2777 9" A. Doiia, ATTORNEY AT LAW 25 WEST SECOND STREET P.O. Box 403 HUMMELSTOWN, PENNSYLVANIA 17036-0403 717/566-9000 FAx 717/566-9901 E-MAIL CDOLL76342CAOL.COM November 3, 2010 Mr. Dennis E. Lebo Clerk of Court 1 Courthouse Square Room 205 Carlisle, PA 17013 Re: Cohick v. Erb, Et al. 2006-1944 Civil Dear Mr. Lebo: Enclosed please find the original and one copy of the Objections of Additional Plaintiff Gary J. Kurtz to Subpoena Pursuant to Rule 409.21. A copy of this objection has been served upon all parties of record in the manner set forth on the Proof of Service. Please time stamp the copy and return it in the enclosed self-addressed, stamped envelope. If you have any questions, please feel free to contact me. Thank you for your cooperation. Very truly yours, ( -4-,?2ze Crai . Doll CADlkmv Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John E. Cohick, Jr., Plaintiff v. 2006-1944 Civil Action Elmer Erb, William Penn, deceased, his Action to Quiet Title heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, Defendants Gary J. Kurtz, Additional Plaintiff OBJECTIONS OF ADDITIONAL PLAINTIFF GARY J. KURTZ TO SUBPOENA PURSUANT TO RULE 4009.21 Gary J. Kurtz, an additional plaintiff to this proceeding by order of this Court dated July 13, 2007, objects to the proposed subpoena that is attached to these objections for the following reasons: The proposed subpoena is improperly sought pursuant to Rule 4009.21. Counsel for plaintiff John E. Cohick, Jr. seeks the issuance of a subpoena pursuant to Pa. R.C.P. Rule 4009.21 - Subpoena Upon a Person Not a Party for Production of Documents and Things. Subpart (a) of that rule clearly limits the application of that rule as a discovery vehicle for the production of documents from persons not a party to a proceeding. The subpoena itself seeks the production of: Any and all bank statements and records from July, 2005 through January, 2006 in regards to the account of Gary Kurtz and Gail E. Kurtz, 2431 Lambs Gap Road, Enola, Pa 17025. Gail E. Kurtz is the wife of :Mr. Gary J. Kurtz. As is evident from the caption on Plaintiff's Notice, Certificate, the Proposed Subpoena, and these Objections, Mr. Kurtz is a party to this proceeding by Order dated July 13, 2007, entered by Judge Edward E. Guido. Requests for documents in the possession of a party to the proceeding are governed by Pa. R.C.P. 4009.11, which does not require the issuance of a subpoena. The information sought violates Pa. R.C.P. 4011 as well as Rule 4003.1(a). Rule 4011. Limitation of Scope of Discovery and Deposition provides in pertinent part: No discovery or deposition shall be permitted which (a) is sought in bad faith; (b) would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party; (c) is beyond the scope of discovery as set forth in Rules 4003.1 through 4003.6. Rule 4003.1(a) provides in pertinent part: Subject to the provisions of Rules 4003.2 and 4003.5 inclusive and Rule 4011, a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Plaintiff Gary Kurtz objects to the subpoena on the basis that the information sought is not relevant to any issue in this proceeding, is not reasonably calculated to lead to the discovery of admissible evidence, is vague, ambiguous, overly broad and unduly burdensome. Whether information sought is relevant is based upon the issues and legal theories present in the proceeding before the court. Those issues and legal theories have been set forth in the pleadings in this case. To be relevant, the information sought must have a tendency to prove or disprove something in controversy. The action before this Court is one of quiet title wherein the original plaintiff sought to claim in excess of 15 acres of land through adverse possession. The criteria for maintaining a claim of adverse possession is clear. The individual making the claim must prove that he or she has had actual, continuous, exclusive, visible, distinct, and hostile possession of the subject property for twenty-one years. These criteria form the basis of the issues that are to be decided in this proceeding. Mr. Kurtz's bank records have absolutely no bearing on whether the original plaintiff Cohick, Jr. or additional plaintiff Kurtz had actual, continuous, exclusive visible, notorious, distinct and hostile possession of the subject property or the duration of that claimed possession. Even a cursory review of the requested subpoena fails to reveal any basis for a conclusion that the documents sought are relevant to any issue in this proceeding. Further, nowhere in any of the pleadings is there any allegation made regarding the payment of any funds, nor is their any claim of monetary damages or any other claim involving the financial condition of Mr. and Mrs. Kurtz. Thus, the subpoena should not be issued as the information sought is not relevant and beyond the scope of discovery. The request is not only beyond the scope of discovery, but is also objected to on the basis that the information sought is overly broad, burdensome and merely constitutes a fishing expedition by counsel. The request is for all bank records of a party to the proceeding over a six month period whether or not those records even have any potential relationship to the issues at hand. Additionally, the request could involve the production of hundreds of documents which must be gathered and involve the personal finances of Mr. and Mrs. Kurtz which are not in issue in this proceeding. WHEREFORE, Additional Plaintiff Gary J. Kurtz, respectfully requests that this Honorable Court refuse to issue the subpoena. Respectfully submitted, Crai . Doll, Esquire 25 West Second Street P.O. Box 403 Hummelstown, PA 17036-0403 (717) 566-9000 (717) 566-9901 (fax) cdo1176342(a,aol.com Attorney I.D. # 22814 Attorney for Additional Plaintiff Gary J. Kurtz Dated: November 3, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COHICK, JR. V. ELMER ERB, WILLIAM PENN, deceased, his heirs, successors, assigns, devisees, administrators, executors and any and all other parties of interest, DEFENDANTS No. 2006-1944 Civil Action Action in Quiet Title Gary J. Kurtz, Additional Plaintiff PROOF OF SERVICE I, Craig A. Doll do hereby certify that I have this day served a copy of the foregoing document by depositing a copy of same in the United States Mail upon the persons listed below via first class mail, postage prepaid in accordance with the provisions of Pa. R.C.P. Rule 440. Kurt A. Blake, Esquire Blake & Gross, LLC 29 East Philadelphia Street York, PA 17401 Craig oll, Esquire Attorney for Petitioner Gary J. Kurtz DATED: November 3, 2010 EXHIBIT "C" BLAKE & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHTLADELPHL4 STREET YORK, PA 17401 717.848.3078 FAX 717.848.2777 KURT A. BLAKE, ESQUIRE RONALD J. GROSS, ESQUIRE* *ADm rrrED iN PA ct MD c? GROss, I?L?c OF COUNSEL: ANGELA N. DOBRINOFF-BLAKE, ESQUIRE ATTORNEYS AND COUNSELLORS AT LAW November 7th, 2010 VIA FAX 1-717-566-9901 Craig A. Doll, Esquire Post Office Box 403 Hummelstown, PA 17036-0403 Re: Cohick and Kurtz Dear Attorney Doll: I received your objections to the Subpoena. Let me explain what I was trying to accomplish. Your client claims to have had work undertaken on the property with EKI. We as you know were in contact with EKI who claims to have no record of dealing with your client. So then I looked at the check your client provided to support his assertion, which is a copy of his check prior to being transacted. Perhaps if you could provide proof that the check was in fact transacted that would resolve the issue. I believe I had previously mentioned this to you, but thought that I should insure clarity prior to moving forward. Given the lack of trust of our clients of the other, the subpoena to the bank seemed the cleanest way to answer the question and confirm the assertion. I believe the purpose is not a fishing expedition, but directly related to an assertion of your client. Kindly advise. KAB/bms cc: client/file 29 EAST PHILADELPHIA STREET 0 YORK PENNSYLVANIA 17401 • 717.848.3078 • FAX 717.848.2777 hp LaserJet 3015 BLAKE + GROSS LLC 717-848-2777 Nov-8-2010 11:36AM IN 0 i n v e n t [Fax Call Report Job Date Time Type Identification Duration Pages Result 564 11/ 8/2010 11:35:18AM Send 17175669901 1:19 1 OK a GROss, L L C KuarA BLAM sult-46 RONnnD 1. Gaoss, ESQUME' OF COUNRL: Aowmra wPr &MD ANGELA N. DOMNOFr-Bunn. ESW U ATMRNEYS AND COUNSELLORS AT LAW November 7a, 2010 VIA FAX 1.717-566-9901 Craig A Doll Esgeite Post Office Box 403 Hummelstowrt, PA 17036-0403 Re: Cohick and Kurtz Dear Attorney Doll: 1 received your objections to the Subpoena. Let me explain whet 1 was trying to accomplish. Your client claims to have had work undertaken on the property with EKI. We as you know were in contact with EKI who claims to have no record of dealing with your client. So then l looked at the cheek your client provided to support his assertion, which is a copy of Ma check prior to be'' transacted. Perhaps if you could provide proof that the check was in fact trammeted that would resolve the issue. 1 believe I had previously mentioned this to you, but thought dint I should insure clarityror to moving forwatd. Given the lack of trust of our clients of the odner, the su to the battic seemed the cleanest way to mower the question and confirm the assertion. I believe the purpose is not a fishing expedition, but directly related to an assertion of your client. Kindly advise. V S, LLC By: BL?4K tbl.Wocomcastnet Make KAB/lmu cc: cherime 29 EAST PHuADurm STRm • YORK PwNsYmANM 17401 • 717.848.3078 • FAx 717.848.2777 EXHIBIT "D" BLAKE c' GROS$ L. L. C. ATToRivErs AND COUNSELLORS AT LAW 29 EAST PHILADELPHL4 STREET YORK,, PA 17401 717.848.3078 FAX 717.848.2777 U"nd&xo A. Do m. ATTORNEY AT LAW 25 WEST SECOND STREET P.O. Box 403 HUMMELSTOWN, PENNSYLVANIA 17036-0403 717/566-9000 FAX 717/566-9901 E-MAIL CDOLL76342*AOL.COM August 5, 2009 Kurt A. Blake, Esquire Blake & Gross, LLC 29 East Philadelphia Street York, Pennsylvania 1.7401 Re: Kurtz/Cohick Dear Attorney Blake: I trust that by now you have received your copy of the deposition transcripts. I have reviewed both the transcript for Mr. Kurtz and Mr. Cohick to ascertain what information you and 1 had requested. This letter is to forward the information requested of Mr. Kurtz and to ascertain the status of outstanding requests. 'On page 15 of Mr.'Kurtz's deposition, you had requested evidence of payment for excavation work performed by EKI for Mr. Kurtz on the disputed.property. Enclosed is evidence of payment for work done as well as the address for EKI. Mr. Kurtz has attempted to contact EKI to obtain a copy of the work order, but was informed that they are no longer in business. On page 24 of Mr. Kurtz's deposition, we agreed to furnish a copy of the receipt for seed for crops planted on the disputed property. A copy of that receipt is enclosed. With respect to Mr. Cohick's deposition: On pages 12-14 of the transcript we discussed and requested a copy of any documents which formed the basis of Mr. Cohick's assertion in the Complaint that a Mr. Erb was the last known owner of the property as set forth in tax sale documents. We are in receipt of a copy of the Notice of Sale. On page 22-23 of Mr. Cohick's deposition, we requested a copy of the abstract referenced in paragraph 5 of the Complaint. We have received an abstract from Premier Abstract on the property owned by Mr. Kurtz at DB K28/547 which was ordered January 25, 2007. 1`noticed in your transmittal letter and the abstract furnished that.three properties were mentioned - K28/547; 131/35; and 277/3748. The reference to DB K28/547 is Mr. Kurtz's residence. 'The reference DB 131%35 is'to Mr. Cohick's residence. A copy of the abstract for that property was previously furnished to me. I believe that the reference to 277/3748 is a reference to the deed for the 15± acre parcel that was recorded by Mr. Cohick on or about November 27, Kurt Blake, Esquire August 5, 2009 Page 2 2006, which all parties agree was incorrect. Please furnish a copy of any abstract relating to the disputed property. If none exists please confirm that fact. On page 32 of Mr. Cohick's deposition, we requested a copy of the revised survey prepared by Hartman Associates. We are awaiting a copy of that revised survey. Finally, on pages 41-43 of Mr. Cohick's deposition, Mr. Cohick referenced and we requested any additional "paperwork" from Hartman. We have not received any of those items. I believe that this list encompasses all of the items requested by both parties. If this is incorrect, please inform me ASAP. It is my intention to forward to you within the next week a proposed factual stipulation. As we discussed briefly after the depositions, I am of the opinion that a stipulation with attached exhibits and briefing is preferable to a trial. If you are in agreement, I will so notify Judge Guido. If not, I intend to list the matter for trial. Thank you for your cooperation in this matter. If you have any questions, please feel free to contact me. I await your reply. Enclosures CAD/kmv cc: G. Kurtz Excavation oS Site Work as Design Engineering s? Surveying 150 F3rkVs NIB hoed ¦ 5ktking.5prhg. PA'19608 ' 610-775-3346 ¦ 5M-775-1090 fax L1 rptj ASHLEY KUSER? GARY KURTZ 6479 GAIL E' `KURTZ' 2431 "LAMBS GAP RD. Date^??{j ? 60-8110/2313 ENOLA, PA 17025 Payto the Order of Dollars 8 =- ? C ?A t.enQa?- Jlev? 'GUAPMW*8AFM9LUEWK _r? VRIVUVAL IPIVUILP M U N Y- C H E F HYBRIDS 717 6 5981Y THE HOFFMAN SEEC 8 GRAIN CO. GROWERS AND PRODUCERS OF QUALITY SEED CORN MUNCY, PENNA. 17756 SHIPPERS OF SEEDS & GRAINS APRIL 6, 1988 717-732-5223 SOLD TO GARY KURTZ 2431 LAMBS GAR ROAD ENOLA, PA 17025 SHIP TO 1/11/87 SALESMAN INVOICE DATE DATE SHIPPED VIA FOB TERMS M.HOFFMAN 4/$/88 4/6/88 OUR TRUCK DE:LIVD CK ON RECEIPT OF INVOICE QUANTITY DESCRIPTION PRICE PER AMOUNT 1 BUSHEL 1 BUSHEL 1 LB 1 LB 1 BAG 1 BAG MUNCY.CHIEF SX,560 HYBRID SEED CORN MF 7 WILLIAMS 82 SOYBEANS SILVER, QUEEN SWEET MUNCY CHIEF ST MUNCY CHIEF H300 MUNCY CHIEF H205 8781 50.00 BU 5040 8779 10.00 BU 10.00 8768 4.25 LB 4.25 8766 5.25. LB. 5.25 M757 115.00 EA 115.00 8604 20.50 EA 20.50 205.00 MUNCY-CHIEF BRAND SEEDS Muncy-Chief Hybrids or The Hoffman Seed & Grain Co, warrants to the extent of the purchase price that the seeds sold are as described on the bag or container within recognized tolerances. Seller gives no other or further warranty oral or in writing. We will not be held respon- sible under any contracts for durnages, losses, or delays caused by strikes, accident, fire, flood, war or other casualties beyond our control. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E. COHICK, Jr., 2006-1944 Civil Action Plaintiff Vs. Action in Quiet Title v4ER ERB, WILLIAM PENN, deceased, heirs, successors, assigns, devisees, iinistrators, executors, and any and all er parties of interest, Defendant Y J. KURTZ, Additional Defendant ORDER AND NOW this the "n of day of / W 4W ` , 201 , a hearing - the Plaintiff's Motion is set for the -]-J _ day of D'? 201 r at 1.! r. 5 A.m. in Courtroom No. A'15- The Additional Defendant shall file an answer to the Motion within days. Notice to the Parties. By the Court: Blab & GRoss L.L.C ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK; PA 17401 717.848.3078 Far 717.848.2777 hurt A. Blake, C loll 1 1 ``" I! oft 11 a C3-n rv ,r. 1