HomeMy WebLinkAbout06-36780
R. DILLER,
Plaintiff
V.
HE OF ALEXANDER P. RUSSELL,
and J COB RUSSELL, ALMA BERTIE
FULT N, ANNA MARY HALE, MAUDE
NAU E, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNE FREHN, a.k.a. NANCY E.
FRE , CARL NAUGLE, JOHN FREHN:
VIOL T FREHN, SCOTT WALKER, and:
the un nown heirs of said Defendants,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06- 36-79 CIVIL TERM
ACTION TO QUIET TITLE
NOTICE
u have been sued in court. If you wish to defend against the claims set forth in
the fo ing pages, you must take action within twenty (20) days after this complaint and
notice e served, by entering a written appearance personally or by attorney and filing in
jar'
writin with the court your defenses or objections to the claims set forth against you. You
are w ed that if you fail to do so the case may proceed without you and a judgment may
ou by the court without further notice for any money claimed in the
be end against y
compnt or for any other claim or relief requested by the plaintiff. You may lose money
or pro rty or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
'DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
Court of Common Pleas of Cumberland County is required by law to comply
with khe Americans with Disabilities Act of 1990. For information about accessible
and reasonable accomodations available to disabled individuals having business
the court, please contact our office. All arrangements must be made at least 72
prior to any hearing or business before the court. You must attend the scheduled
or hearing.
JOH R. DILLER, : T COURT OF COMMON PLEAS OF
Plaintiff : C
C RLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
HEI OF ALEXANDER P. RUSSELL, : No. 06- 3 4 7 P CIVIL TERM
and J COB RUSSELL, ALMA BERTIE :
FUL ON, ANNA MARY HALE, MAUDE :
NAU LE, NANNIE A. FREHN, a.k.a.
NAN Y A. FREHN, a.k.a. NANCY
AG S FREHN, a.k.a. NANCY E.
FRE , CARL NAUGLE, JOHN FREHN:
VIOL ET FREHN, SCOTT WALKER, and:
the u known heirs of said Defendants,
Defendants
: ACTION TO QUIET TITLE
COMPLAINT TO QUIET TITLE
Plaintiff, by his attorney, Robert G. Frey, complains of Defendants named herein and all
person unknown claiming any right, title, estate, lien, or interest in the real property described
herein dverse to plaintiffs title, and for a cause of action alleges:
1. Plaintiff is John R. Diller who resides in the Township of South Newton, County of
Cumbe land, Commonwealth of Pennsylvania, having a mailing address of 339 High Mountain
Road, hippensburg, Pennsylvania.
Defendants, as more fully detailed below are the heirs of Jacob Russell and Alexander P.
Russell Except as stated below, Defendants' addresses are unknown.
Plaintiff owns in fee simple and possesses all the real property situated in the Township
of Sou Newton, County of Cumberland, Commonwealth of Pennsylvania, and more fully
describ d in Exhibit "A" attached hereto and incorporated herein. Plaintiffs abstract of title is
attache hereto and incorporated herein as Exhibit "B".
taxes
4. Plaintiff has occupied and used the property as his own and has paid all real estate
i the property since May 15, 1981.
5. As set forth on Exhibit "B", Plaintiff's claim of title dates back to a deed recorded
per 1, 1902 in Deed Book "I"„ Volume 6, Page 597 from the executors of the last will and
nt of James Moore, and further to deeds believed to be unrecorded but referenced in the
d deed, said deeds being one dated September 8, 1845 conveying the land from Samuel
der to James Kyle and James Moore, and a further deed dated April 19, 1850 conveying
the int?rest of James Kyle in the property to James Moore.
6. A portion of the land claimed by Plaintiff is shown on the survey of lands of Grace
Miller jBonebrake as being "Part of land conveyed by Samuel Alexander to James Kyle on
31, 1890 in unrecorded deed." A copy of said survey is attached hereto and incorporated
herein 6s Exhibit "C".
. It is believed and averred that the land so described as being part of the land conveyed
by Samuel Alexander to James Kyle was actually a portion of the land which was then conveyed
by Jams Kyle to James Moore, Plaintiff's predecessor in title and that, based on that conveyance,
is the rightful owner of the property by virtue of the aforesaid conveyances as set forth
more cdmpletely on Exhibit "B".
The real estate claimed by Plaintiff is also shown on the survey of lands of Grace
Miller 1 onebrake as being "land formerly of Jacob Russell, 3-N-265. Present owner unknown."
For the reasons stated below, it is believed that the real estate in question was not a part of the
to Jacob Russell as referenced on the survey of lands, but was previously conveyed to
Plaintif s predecessor in title as stated in paragraph 5 above.
J. Marshall Kyle and his wife conveyed three tracts of mountain land to Jacob Russell
and Ale ander Russell by deed dated April 4, 1877 and recorded November 21, 1877 in Deed
Book " ", Volume 3, Page 265. It is this deed which is referenced on the above referenced
10. The land so conveyed by J. Marshall Kyle was recited as being all of the land owned
by Jar?es Kyle during his lifetime which passed by inheritance to his heirs at law J. Marshall Kyle,
Gilmore and Mary J. McCullough. Sarah Gilmore, and her husband, and Mary J.
and her husband, by deed recorded in Deed Book "H", Volume 3, Page 540,
all of their interest in the property to J. Marshall Kyle. Said deed referenced the land
as the three lots of mountain land conveyed by Samuel Alexander, Esq. to James Kyle
by decd dated October 31, 1840. Said deed appears to be unrecorded.
11. It is believed and averred that the land so described as being all of the land conveyed
by Samuel Alexander to James Kyle, and subsequently conveyed by J. Marshall Kyle to Jacob
and Alexander Russell, Defendants' predecessors in title, were other pieces of mountain
land Od that the conveyance did not and was not intended to convey the mountain land which is
the su$ject of this petition. Instead it is believed and averred that the mountain land which is the
of this petition was a portion of the land which James Kyle conveyed to James Moore,
s predecessor in title and that, based on that conveyance, Plaintiff is the rightful owner of
the property by virtue of the aforesaid conveyances as set forth more completely on Exhibit "B".
12. Defendants claim an interest and estate in said property adverse to Plaintiff.
claim is without any right as the property was conveyed by their predecessor in title to
James Moore, Plaintiff's predecessor in title, and as they abandoned the real estate many decades
ago. F?r these reasons, defendants no longer have any right, estate, title, lien, or interest in or to the
y, or any part thereof.
13. The real estate in question designated as being the property of Defendants' and their
rs was conveyed to Jacob Russell and Alexander Russell, also known as Alexander P.
by deed of J. Marshall Kyle and Mary Elizabeth Kyle, his wife, dated April 4, 1877 and
1 November 21, 1877 in Deed Book "N", Volume 3, Page 265. There exists of record no
deed;
conveying this real estate.
14. Jacob C. Russell died on October 4, 1915, intestate and owner of record of an
I one-half interest in the real estate referenced in paragraph 13, and survived by his wife,
C. Russell and one child, Alma Bertie Fulton, wife of Samuel B. Fulton. This information
is as c1ertified by the heirs of Jacob C. Russell in their deed for other real estate owned by him at
the tirte of his death recorded in Deed Book "R", Volume 8, Page 160.
15. Although the heirs conveyed other real estate, there is no record of a conveyance of the
real estate referenced in paragraph 13. Plaintiff believes and avers that the absence of such a
indicates that the real estate had been previously conveyed to Plaintiff's predecessor in
title.
16. No subsequent record exists in the Recorder of Deeds office or in the Register of
Wills ?ffice for Cumberland County concerning Jacob C. Russell's heirs, Amanda C. Russell and
Alma ?ertie Fulton. It is believed and averted, however, that since both were adults in 1915, that
is living at the present time and that their heirs are unknown.
17. Alexander Russell, also known as Alexander P. Russell and also known as A.P.
died on February 19, 1897, intestate owner of record of an undivided one-half interest in
the re4 estate referenced in paragraph 13, and survived by his wife, Rebecca A. Russell, and six
Anna Mary Hale (wife of William K. Hale), William R. Russell, Nannie A. Frehn (wife
of H. IE. Frehn), Maude Naugle (wife of Elmer E. Naugle), and Bessie A. Russell. This
is as certified by the said heirs in their deed for other real estate owned by Alexander
P. Russell recorded in Deed Book "Q", Volume 5, Page 438.
18. By order of Orphans' Court in the estate of Alexander P. Russell filed in Orphans
Court 1 ook 38, Page 205, his widow, Rebecca A. Russell was appointed trustee for the purpose
selling k e real estate. The accounting filed by Rebecca A. Russell on April 4, 1898 to account
388 listed the sale of the real estate consisting of two farms and four tracts of mountain
W,
land.
A.
by
19. The mountain ground which is the subject of this action was not conveyed by Rebecca
pursuant to said order of Orphans' Court and was not included in the accounting filed
20. It is believed and averred by Plaintiff that the failure to include this real estate as an
asset fl r sale is confirmation that Alexander P. Russell did not have an ownership interest in the
real estate at the time of his death and that the land had been conveyed previously to
predecessors in title.
21. William A. Russell died intestate on March 18, 1899, unmarried and without issue.
His hers at law surviving him were his mother, Rebecca A. Russell, and his sisters, Anna Mary
Hale, 3annie A. Frehn, and Maude Naugle, all of said sisters being Defendants herein. This
is as certified by the heirs in their deed for other real estate recorded in Deed Book
"u", Volume 10, Page 452. Although the heirs conveyed other real estate, there is no record of a
of the real estate referenced in paragraph 13. Plaintiff believes and avers that the
of such a conveyance indicates that the real estate had been previously conveyed to
predecessor in title.
z. Rebecca Russell died on May 29, 1927, testate. Her last will was duly probated in the
office of the Register of Wills and is filed in Will Book 34, Page 167. Letters testamentary were
granted bn June 6, 1927 to her grandson, Carl Naugle.
. By her will, Rebecca Russell did not specifically devise her interest in the above-
real estate and did not otherwise mention the real estate. However, she left the residue of
her estat?, which would have included any interest in the real estate, to her daughter Mary Hale.
. No subsequent record is found in the Recorder of Deeds office or the Register of
Wills coicerning Bessie A. Russell. However, she is not named, nor are any issue of hers named,
as an her at law of her brother, William A. Russell, as are her other siblings. Therefore, it is
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were
Mary
Wills
Deed
Wills c
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Frehn,
Towns
one ai
and averred that she died sometime prior to his death in 1899, without issue and that any
she had in the real estate passed by intestacy laws to a surviving unknown spouse if she
or to her mother, Rebecca A. Russell, who subsequently died, and her sisters, Anna
Nannie A. Frehn, and Maude Naugle, all said sisters being Defendants herein.
25. No subsequent record is found in the Recorder of Deeds office or the Register of
Anna Mary Hale. However, she is stated to be a widow in a deed recorded in
"U", Volume 10, Page 452.
26. No subsequent record is found in the Recorder of Deeds office or the Register of
Maude Naugle. However, she is stated to be a widow in a deed recorded in Deed
", Volume 10, Page 452.
1. No record is found in the Recorder of Deeds office or the Register of Wills office
ig Nannie A. Frehn, wife of H. E. Frehn. However, various deeds of record list Nancy A.
ancy Agnes Frehn, and Nancy E. Frehn as being the wife of Harry E. Frehn, of Newton
>, Cumberland County, Pennsylvania. Therefore, it is believed and averred that they are all
the same person. Although she conveyed other real estate, there is no record of a
ice of the real estate referenced in paragraph 13. Plaintiff believes and avers that the
of such a conveyance indicates that the real estate had been previously conveyed to
s predecessor in title.
8. Nancy Frehn died, leaving to survive her three children, Ethel Reece, Harry Frehn, and
John A.
died in
Ralph
all now deceased.
Ethel Reece died a widow, leaving to survive her six children, John Galen Reece who
95; Harry Ellis Reece who was born in 1918 and whose current whereabouts are
Phyllis Gutshall Alleman, who was born in 1928 and whose current whereabouts are
Nancy Eibel, who was bom in 1920 and whose current whereabouts are unknown;
ce who was born in 1916 and whose current whereabouts are unknown; and Betty
{
n who was born in 1923 and whose current whereabouts are unknown. All of this
ition is as provided to Plaintiff by John Frehn, one of the heirs of Nancy Frehn.
30. Harry Frehn died leaving to survive him two children, Robert Frehn and Joann Frehn.
Frehn died in 2005 leaving to survive him his wife, Violet Frehn, who resides at 35 Maple
Walnut Bottom, Pennsylvania, and who is one of the Defendants herein. All of this
ition is as provided to Plaintiff by Violet Frehn, one of the Defendants herein.
31. John A. Frehn died, leaving to survive him one son, John Frehn, who resides at 3470
Paces erry Road, Tallahassee, Florida, and who is one of the Defendants herein and one daughter
who 'ed, leaving to survive her one son, Scott Walker, who resides at 130 Starlight Lane,
Morehead, Kentucky. All of this information is as provided to Plaintiff by John Frehn, one of the
heirs I Nancy Frehn.
32. None of the named Defendants or any person other than Plaintiff has taken any action
a claim to the real estate or an ownership interest in the real estate.
33. Since 1981, Plaintiff's occupancy, control and use of the property has been open,
and without interference by of the Defendants or otherwise.
34. Since 1981, Plaintiff has paid all real estate taxes on the property without contribution
from Defendants or from any others.
Since 1981, Plaintiff has had uninterrupted use and control of the real estate which has
posting of the property, timbering and maintenance of the property.
Plaintiff is the owner of the real estate by virtue of the deeds recited in Exhibit "B".
Plaintiff prays:
That Defendants, and each of them, and all persons claiming under them, be required to
set fort( the nature of their claims to said real property;
That all adverse claims to said real property be determined by a Decree of your
Court;
3. That said Decree declare and adjudge that Plaintiff owns in fee simple, and is entitled to
the q?iet and peaceful possession of, said real property; and that Defendants, and each of them and
all pe?sons claiming under them, have no estate, right, title, lien, or interest in or to said real
or any part thereof;
4. That said Decree permanently enjoin defendants, each of them, and all persons claiming
under khem, from asserting any adverse claim to Plaintiffs title to said property;
5. For such other and further relief as your Honorable Court deems just and proper.
Respectfully submitted,
Robert G. Frey
Attorney for Plaintiff U
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made in this complaint are true and correct based on information
provi to me by Plaintiff and on information of record in the offices of Cumberland County. I
unders nd that false statements herein are made subject to the penalties of 19 Pa. C. S. §4904
relatin to unworn falsification to authorities.
Dated: March 31, 2006
xeYaT-warranlr 4n t rcrm, Rct of 1909.
Henry Hall, Inc., Indiana. Pa.
xbtr%; ;Zubt
MADE THE 15th day of May in the yeah
of our Lord one thousand nine hundred Eighty-one (1981)
BETWEEN REUBEN E. DILLER, of South Newton Township (R. D. 2, Box 181-A,
Shippensburg) Cumberland County, Pennsylvania, party of the first
part,
and
Grantor ,
JOHN R. DILLER, of South Newton Township (R. D. 2, Box
Shippensburg) Cumberland County, Pennsylvania, party of the
second part,
Grantee
WITNESSETH,. that in oonsidenattan of One ---------------------------------
($1.00) --------------------------------------------------------- Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant
and eonvey to the said grantee , his heirs and assigns.
ALL that certain tract of land situate in South Newton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with Plot of Mountain
Land prepared by Larry Vern Neidlinger, Professional Engineer, dated July 20,
1980, a copy of which is attached hereto and incorporated herein by reference,
as follows;
BEGINNING at an iron pin in stones at the Southeastern corner of a tract of
land containing 12. 305 Acres heretofore conveyed to John R. Diller by deed dated
July 17, 1980 and recorded in the hereinafter named Recorder Is Office in Deed Book
"All , Vol. 29 , Page 484 , which said tract of land heretofore conveyed to John
R. Diller is shown on a survey plan recorded in the hereinafter named Recorder is
Office in Plan Book 38, Page 60; thence from said iron pin at the Place of Beginning
along a line of land now or formerly of Michael Goodhart South 15 degrees 17 minutes
54 seconds East a distance of One Thousand Four Hundred Sixty-one and Forty-three
Hundredths (1, 461.43)feet to an existing stake and stones at line of land now or
formerly of Charles Stine; thence along line of said land now or formerly of Charles
Stine North 85 degrees 53 minutes 41 seconds West a distance of One Thousand Three
Hundred Twenty-four and Seventy-six Hundredths (1, 324.76) feet to a stone pile in
line of land retained by Reuben Diller; thence along line of said land retained by
Reuben Diller North 17 degrees 25 minutes 7 seconds West a distance of Nine Hundred
Forty-three and One Hundredth (943. 01) feet to stones; thence still along line of said
land retained by Reuben Diller and crossing Township Road T-334 and continuing
along line of said land of John R. Diller North 66 degrees 14 minutes 21 seconds East
a distance of Six Hundred Thirty and Ninety-seven Hundredths (630. 97) feet to an
iron pin in stones; thence still along line of said land of John R. Diller North 75
degrees 54 minutes 28 seconds East a distance of Six Hundred Sixty and Forty-five
Hundredths (660.45) feet to an iron pin in stones at the Place of BEGINNING.
CONTAINING 35.688 Acres.
BEING a tract of land claimed by Reuben E. Diller, Grantor herein, as properly
a part of the larger tract of land which Grace Miller Bonebrake, widow, by deed
dated November 24, 1918 and recorded in the Office of the Recorder of Deeds in and
for Cumberland County at Carlisle, Pennsylvania in Deed Book "E", Volume 28,
Page 42, granted and conveyed to Reuben E. Diller, Grantor herein, which within
conveyed tract of land should have been included with and added to said tract of land
conveyed by Grace Miller Bonebrake as aforesaid.
E r r,Il1?
AND the said grantor hereby covenants and agrees that
/f specially the property hereby conveyed
IN WITNESS WHEREOF, said grantor has hereunto set
the day and year first above written.
mimeo, otalea anb melibrreb
in c4c iDrea[nte of
he
will warrant
his hand and seal
- - - - - - - - - - ------------------
?. __..___-_ ..............._... gees
iAL
I do hereby certify that the precise residence and complete post office
address of the within named grantee is R. D. 2, Box Shippensburg, PA
17257.
State of Pennsylvania
es.
County of Cumberland
On this, the 15th day of May , 1981 , before me,
the undersigned officer, personally appeared Reuben E. Diller,
known to me (or eatisfactorily proven) to be thspereon whosenanse is subaoribed to the
within instrument, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto sel my hand and official see-al. -
?' ranrequbn FmbdNlwro 13, 1983 -
.__? Nererv P„All. r-.+?-CMrbwkndQOmittqy.
Title of Officer.
W
P",
Deed ook: 29-K-936
dated: May 15, 1981
record d: June 2, 1981
Granto : Reuben E. Diller
Grant John R. Diller
Recital Being a tract of land claimed by Reuben E. Diller as being a part of a larger
tract which Grace Miller Bonebrake conveyed to Reuben E. Diller in Deed Book
"E", Volume 28, Page 42, but which was not explicitly included in the legal
description of the property conveyed.
Deed ook: 28-E-42
dated: November 24, 1978
recorde November 27, 1978
Granto : Grace Miller Bonebrake
Grante : Reuben E. Diller
Recital: Being a portion of the same premises which were agreed to be the property
of Grace Miller Bonebrake by Family Settlement Agreement recorded in
Miscellaneous Record Book 103, Page 55.
Miscell neous Book: 103-55
dated:
Grantor Joseph L. Miller heirs
Grantee Grace Miller Bonebrake
Recital: Being the same premises which Emma B, Miller and W. Lincoln Miller, her
husband conveyed to Joseph L. Miller by deed recorded in 11-D-129.
Deed
dated:
Recital:
Deed
dated:
Recital:
Deed
dated:
Grantor:
Grantee:
Recital:
11-D-129
April 29,1930
April 29, 1930
Emma B. Miller and W. Lincoln Miller
Jospeh L. Miller
Being a portion of the same premises conveyed by William A. Miller and
Anna Z. Burk Miller, his wife, by deed recorded in 10-M-455.
10-M-455
February 6, 1928
February 7, 1928
William A. Miller and Anna Z. Burk Miller
Emma B. Miller
Being the same premises as conveyed by William Lincoln Miller and Emma
B. Miller to Willam A. Miller in deed recorded in 10-M-452
10-M-452
February 4, 1928
February 7, 1928
William Lincoln Miller and Emma B. Miller
William A. Miller
Being thte same premises as conveyed by the Executors of the Estate of
James Moore to William L. Miller in deed recorded in 6-I-597.
Exhibit "B"
7
Deed
dated:
Recital:
6-I-597
October 20, 1902
November 1, 1902
James Moore and Isabelle Kurtz, Executors of the Last Will and Testatment
of James Moore, deceased
William L. Miller
Being part of the same premises which the Executors of the Estate of Samuel
Alexander, by deed dated September 8, 1945 conveyed to James Kyle and James
Moore as tenants in common. James Kyle and James Moore agreed among
themselves upon a division of the property. James Kyle by deed dated April 19,
1850 conveyed all his right title and interest in the property to James Moore.
Exhibit`B"
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JOHN R. DILLER,
Plaintiff
V.
HEIRS OF ALEXANDER P. RUSSELL,
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
No. 06-3678 CIVIL TERM
ACTION TO QUIET TITLE
MOTION FOR SERVICE BY POSTING AND PUBLICATION
AND NOW, COMES, the Petitioner, John R. Diller, by and through its attorneys,
Frey and Tiley, and in support of its Motion for Service by Posting and Publication, avers
as follows:
1. Plaintiff has filed a complaint in the above-captioned matter, seeking to
quiet title to certain property as described therein.
2. Plaintiff has been in possession and control of certain real property located
in South Newton Township, Cumberland County, Pennsylvania, since May 15, 1981,
which real property is more specifically described in the legal description as attached to
the Complaint filed in the above-captioned matter.
3. The Defendants are the named heirs to the extent known and also the
"unknown heirs of said Defendants" and constitute all persons known and unknown,
claiming any legal or equitable right, title, estate, lien, or interest in the property
described in the complaint adverse to Plaintiffs title, or any cloud on Plaintiffs title" and
the whereabouts of the Defendants are unknown to Plaintiff.
described in the complaint adverse to Plaintiffs title, or any cloud on Plaintiffs title" and
the whereabouts of the Defendants are unknown to Plaintiff.
4. The Defendants may claim some right, title, estate or interest in the real
property.
5. Plaintiff believes all rights, title, and interests in the real property belong
to Plaintiff.
6. As more particularly set forth on the Affidavit attached hereto as Exhibit
"A", Plaintiff has made a good-faith effort to locate each of the Defendants by research of
telephone records, postal records and public records of Cumberland County, including
tax assessment records, records of the Recorder of Deeds Office, and records of the
Register of Wills Office. Plaintiff has also attempted to locate each of the Defendants by
contacting the known descendants. Based on Plaintiff's investigation, three known heirs
have been identified but the whereabouts of any other heirs remains unknown.
7. Plaintiff in an effort to establish clear title to the real property proposes
that service of the Defendants be:
(a) on Defendant John Frehn by certified mail, return
receipt requested, of the Complaint at his last known address, 3470
N
Paces Ferry Road, Tallahassee, Florida 32309
(b) on Defendant Violet Frehn by personal service of the
Complaint at her last known address, 35 Maple Avenue, Walnut
Bottom, Cumberland County, Pennsylvania 17015,
(c) on Defendant Scott Walker by certified mail, return receipt requested,
of the Complaint at his last known address, 130 Starlight Lane, Morehead,
Kentucky 40351,
(d) on the remaining named and unnamed heirs of
Alexander P. Russell and Jacob Russell, by publication one time each
in The Sentinel and the Cumberland Law journal and by posting a
notice at the entrance to the real property.
8. Plaintiff proposes that the posting and publication notice be in the form
and content as specified by Pa.R.C.P. 430(b)(1) and as set forth in the attached Exhibit
11B
9. Plaintiff proposes that after publication and posting the Defendants have
thirty (30) days from the later date of the actual publication, posting, or personal service
on those Defendants whose whereabouts are known, to assert each and every claim.
WHEREFORE, Petitioner respectfully requests that this court grant the
requested Motion.
Respectfully submitted,
FREY AND TILEY
By.
Robert G. Frey, Esquire
Supreme Court ID# 46397
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
JOHN R. DILLER,
Plaintiff
V.
HEIRS OF ALEXANDER P. RUSSELL,
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE :
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY :
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN :
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-3678 CIVIL TERM
ACTION TO QUIET TITLE
AFFIDAVIT PURSUANT TO Pa.R.C.P. 430
AND NOW, this day of November, 2006, I, Robert G. Frey, Attorney for Plaintiff in the
above-captioned matter, hereby swear that I have made investigation to determine the whereabouts
of the heirs of Alexander P. Russell and Jacob Russell, and have been unable to determine if
Defendants are still living, and, if they are living, their whereabouts, and, if they are not living, the
identity of their heirs and assigns.
My investigation entailed the following:
1.An investigation was made in the Recorder of Deeds Office and the Register of Wills
Office for Cumberland County. I was able to find the following information concerning Jacob
Russell:
a. Jacob C. Russell died on October 4, 1915, intestate. The records as recorded in the
Office of the Recorder of Deeds state that Jacob C. Russell was survived by his wife,
Amanda C. Russell and one child, Alma Bertie Fulton, wife of Samuel B. Fulton. This
information is as certified by the heirs of Jacob C. Russell in their deed for other real
estate owned by him at the time of his death recorded in Deed Book "R", Volume 8, Page
160.
b. No subsequent record exists in the Recorder of Deeds office or in the Register of
Wills office for Cumberland County concerning Jacob C. Russell's heirs, Amanda C.
Russell and Alma Bertie Fulton. It is believed that since both were adults in 1915, that
neither is living at the present time and that their heirs are unknown.
2. An investigation was made in the Recorder of Deeds Office and the Register of Wills
Office for Cumberland County. I was able to find the following information concerning Alexander
P. Russell:
a. Alexander Russell, also known as Alexander P. Russell and also known as A.P.
Russell died on February 19, 1897, intestate. He was survived by his wife, Rebecca A.
Russell, and six children, Anna Mary Hale (wife of William K. Hale), William R. Russell,
Nannie A. Frehn (wife of H. E. Frehn), Maude Naugle (wife of Elmer E. Naugle), and
Bessie A. Russell. This information is as certified by the said heirs in their deed for other
real estate owned by Alexander P. Russell recorded in Deed Book "Q", Volume 5, Page
438.
b. By order of Orphans' Court in the estate of Alexander P. Russell filed in Orphans'
Court Book 38, Page 205, his widow, Rebecca A. Russell was appointed trustee for the
purpose selling the real estate. The real estate in question in the above-captioned action
was not included in this accounting.
c. William A. Russell, believed from review of the records to be one of the children of
Alexander Russell, died intestate on March 18, 1899, unmarried and without issue. His
heirs at law surviving him were his mother, Rebecca A. Russell, and his sisters, Anna Mary
Hale, Nannie A. Frehn, and Maude Naugle, all of said sisters being named as Defendants
herein as heirs of Alexander Russell. This information is as certified by the heirs of
William A. Russell in their deed for other real estate recorded in Deed Book "U",
Volume 10, Page 452.
d. Rebecca Russell, believed from review of the records to be the widow of Alexander
Russell died on May 29, 1927, testate. Her last will was duly probated in the office of the
Register of Wills and is filed in Will Book 34, Page 167. Letters testamentary were
granted on June 6, 1927 to her grandson, Carl Naugle. By her will, Rebecca Russell did
not specifically devise her interest in the above-described real estate and did not otherwise
mention the real estate. However, she left the residue of her estate, which would have
included any interest in the real estate which is the subject of the above-captioned action, to
her daughter Mary Hale.
e. No subsequent record is found in the Recorder of Deeds office or the Register of
"
=3 ? _?
Wills office concerning Bessie A. Russell, believed to be a child and one of the heirs of
Alexander Russell. However, she is not named, nor are any issue of hers named, as an
heir at law of her brother, William A. Russell, as are her other siblings. Therefore, it is
believed that the records confirm that she died sometime prior to his death in 1899, without
issue and that any interest she had in the real estate passed by intestacy laws to a surviving
unknown spouse if she were married or to her mother, Rebecca A. Russell, who
subsequently died, and her sisters, Anna Mary Hale, Nannie A. Frehn, and Maude Naugle,
all said sisters being Defendants herein.
f. No subsequent record is found in the Recorder of Deeds office or the Register of
Wills concerning Anna Mary Hale, believed from review of the records to be one of the
children of Alexander Russell. However, she is stated to be a widow in a deed recorded in
Deed Book "U", Volume 10, Page 452.
g. No subsequent record is found in the Recorder of Deeds office or the Register of
Wills concerning Maude Naugle, believed from review of the records to be one of the
children of Alexander Russell. However, she is stated to be a widow in a deed recorded in
Deed Book "U", Volume 10, Page 452.
h. No record is found in the Recorder of Deeds office or the Register of Wills office
concerning Nannie A. Frehn, wife of H. E. Frehn, believed from review of the records to
be one of the children of Alexander Russell. However, various deeds of record list Nancy
A. Frehn, Nancy Agnes Frehn, and Nancy E. Frehn as being the wife of Harry E. Frehn,
of Newton Township, Cumberland County, Pennsylvania. It is believed that because of
the similarity of names and addresses, that they are all one and the same person. Nancy
Frehn died, leaving to survive her three children, Ethel Reece, Harry Frehn, and John A.
Frehn.
i. Ethel Reece, believed from review of the records to be one of the grandchildren of
Alexander Russell, died a widow, leaving to survive her six children, John Galen Reece
who died in 1995; Harry Ellis Reece who was born in 1918 and whose current
whereabouts are unknown by his closest known living relative; Phyllis Gutshall Alleman,
who was born in 1928 and whose current whereabouts are unknown by her closest known
living relative; Nancy Eibel, who was born in 1920 and whose current whereabouts are
unknown by her closest known living relative; Ralph Reece who was born in 1916 and
EX?WT W
whose current whereabouts are unknown by his closest known living relative; and Betty
Coleman who was born in 1923 and whose current whereabouts are unknown by her
closest known living relative. All of this information is as provided to the undersigned by
John Frehn, one of the heirs of Nancy Frehn, who was contacted by the undersigned as a
part of the investigation herein.
j. Harry Frehn died leaving to survive him two children, Robert Frehn and Joann
Frehn. Robert Frehn died in 2005 leaving to survive him his wife, Violet Frehn, who
resides at 35 Maple Avenue, Walnut Bottom, Pennsylvania, and who is one of the
Defendants herein. All of this information is as provided to the undersigned by Violet
Frehn, one of the Defendants herein and widow of Robert Frehn, one of the great
grandchildren of Jacob Russell.
k. John A. Frehn died, leaving to survive him one son, John Frehn, who resides at 3470
Paces Ferry Road, Tallahassee, Florida, and who is one of the Defendants herein and one
daughter who died, leaving to survive her one son, Scott Walker, who resides at 130
Starlight Lane, Morehead, Kentucky. All of this information is as provided to the
undersigned by John Frehn, one of the heirs of Nancy Frehn and a great grandchild of
Jacob Russell.
3. I have located three living descendants of Jacob Russell all of whom have been named
as Defendants in the above-captioned action.
4. I have searched telephone records, postal records and real estate and death records in
Cumberland County but have been unable to locate any further information concerning the heirs of
Jacob and Alexander Russell. I have further spoken to those living heirs who I was able to locate
through the search of records and have been unable to determine the names or whereabouts of any
other heirs.
5. I am unaware of any other records which may indicate the heirs of Jacob Russell and
Alexander Russell.
e
For the foregoing reasons, it is not possible for service to be made on the named and
unnamed heirs of Jacob Russell and Alexander P. Russell, whose whereabouts are unknown.
Robert G. Frey
Attorney for Plaintiff
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Sworn and subscribed to before me this
day of November, 2006
/ 04s
F OTARIAL SEAL
. LIESS, Notary Public
arlisle, Cumb. County, PA
ion Expires May 20, 2010
L .. 4N
X 1W
WA.
JOHN R. DILLER,
Plaintiff
V.
HEIRS OF ALEXANDER P. RUSSELL,
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE :
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN :
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-3678 CIVIL TERM
: ACTION TO QUIET TITLE
NOTICE
If you wish to defend, you must enter a written appearance personally or by attorney and file
your defenses or objections in writing with the court. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the court without
further notice for the relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER GO TO OR TELEPLHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
r-.a
C? cry
C)
T
OD . ? .' ..
?4,Q.9 2006p.,?
JOHN R. DILLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
HEIRS OF ALEXANDER P. RUSSELL, No. 06-3678 CIVIL TERM
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
ACTION TO QUIET TITLE
ORDER
ON
AND NOW, this 13 day of November, 2006, on consideration of the
Motion and Affidavit filed by Plaintiff, it is hereby ORDERED that:
1. Service of the Complaint in this action shall be by posting the Property
with the Notice attached hereto as Exhibit "B" at the entrance of the Property;
2. Service of the Complaint in this action shall be by publication once in the
Sentinel and once in the Cumberland Law Journal with the Notice attached hereto as
Exhibit "B" ;
3. In addition, service of the Complaint shall be as follows:
(a) on Defendant John Frehn by certified mail, return
receipt requested, of the Complaint at his last known address, 3470
Paces Ferry Road, Tallahassee, Florida 32309
(b) on Defendant Violet Frehn by personal service of the
Complaint at her last known address, 35 Maple Avenue, Walnut
3
Bottom, Cumberland County, Pennsylvania 17015,
(c) on Defendant Scott Walker by certified mail, return receipt requested,
of the Complaint at his last known address, 130 Starlight Lane, Morehead,
Kentucky 40351,
4 Defendants named in paragraph 3 shall have 30 days from the date of
actual service to assert each and every claim. All other Defendants shall have 30 days
from the date of the actual publication and posting, whichever date shall be later, to assert
each and every claim.
BY THE COURT:
Ii?y?`E4 f l '? S .g H."I 0 f A0114 HE
A `?f i`JCr ?s a ,Hi ?O
JOHN R. DILLER,
Plaintiff
V.
HEIRS OF ALEXANDER P. RUSSELL,
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-3678 CIVIL TERM
ACTION TO QUIET TITLE
MOTION FOR JUDGMENT QUIETING TITLE BY DEFAULT
AND NOW, comes John R. Diller, by and through his attorneys, Frey & Tiley,
and files this motion for default judgment against the above-captioned Defendants and
their heirs and assigns, and in support thereof aver the following:
1. This is an action to quiet title in which Plaintiff requests that Defendants,
the Heirs of Alexander P. Russell and Jacob Russell, and any persons claiming under
them, be permanently enjoined and restrained from asserting any claim or interest in or to
real property described in plaintiff's complaint.
2. Attached as Exhibits "A," "B" and "C" are proofs of service of the Notice
to Defend upon Defendants in accordance with the Order for Service by Publication
dated November 13, 2006 signed by the Honorable M. L. Ebert.
3. Defendants have not filed an answer to the complaint.
4. Pa. R.C.P. 1066(a) allows the Court to grant appropriate relief upon
affidavit that a complaint containing notice to defend has been served and defendant has
not filed an answer.
WHEREFORE, plaintiff requests this Court to enter an order of default judgment
in favor of Plaintiff and against Defendants, and to grant to the Plaintiff the relief prayed
for in in his Complaint, pursuant to Pa. R.C.P. 1066(a).
Respectfully submitted,
Frey & Tiley
r
March 13, 2007
by: 1*111\'?AaA , ??
Robert G. Frey
Supreme Court I.D. No. 46397
Attorney for Plaintiff
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Taminv 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 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)
November 17, 2006
COPY OF NOTICE OF PUBLICATION
:lost-St. Louis 10-7.10-27.
JOHN R. DILLER, j-7-211.
Plaintiff G Louis, Legace, Bacashihua.
oson.
HEIRS ALEXANDER P RUSSELL , COVOM 3,
and JAir? B.AUS LL, ALMA BERTtE XNAWKS2 071011
FULTON* ANNA'MARY HALE, MAUDE 1 0 1
NAUGLE, NANNIE A. FREHN, a.k.a. 2000-3
NANCY A, FREHN, a.k.a. NANCY eNx won almolod 2.1
AGNES I HN, a.k.a. NANCY E. ':d-1, Phoenix, Perreault 4
FREH !i GARL NAUGLE,.JOHN FREHINdek), 4:19 ((pppp). 2, Chicago,
VIOLET FREHN, SCOTT WALKER, andibrook, =)W. d), 10:01. 9,
the unknown.heirs of said Defendants, _ Pte 5 (Smolividd, Vrtrata),11 :33
Defendants
od-None.
;d-4, Phoenix, Zigomanis 2
gone.
If you wlsh,to defend, you must enter a wftago 1 (Vrbela NG, Hamilton
objeolbne in wrftg with the court. Yo?NG), Phoenix 2 (Parreault G,
a judpernertt may be entered against y1
You may lose money or property or otio hkgo 14-6 140-34.
YOU, SHOULD TAKE THIS PAPER TO ?hicago, Boucher. Phoenix,
,OR TELEPHONE THE OFFICE SET F{
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A L.
INFOA)L1 TION.ABOUTAGaENCIES T
REDUCED FEE OR NO FEE.
CUMBERL n
32 SOUTH 1"J
CARLISLE,
TEL€ HM V V ns
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.
CIO
12t
12r
5 P Sworn to and subscribed before me this
t; P. 22nd. day of November 2006.
5 P.
C4At0tjA- z)-) )OU. -e
Notary P the
NOTI
Incc
My commission expires: q1' 10?
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
Christina L. Wolfe, Notary Pubk
Carlisle Boro, Cumberland County
My Commission Expires Sept. 1, 2008
Member. Pennsylvania Association Of Notaries
S*W*Ao
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:
February 9, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
isa Marie Coyn , Editor
SWORN TO AND SUBSCRIBED before me this
9th day of February, 2007
GC7 trt, ?:j E i t ry Public
01.0
fvlarch 5, 200Q
R??R,ww,...... ?. to e• ;1
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common
Pleas of Cumberland
County, Pennsylvania
Civil Action-Law
No. 06-3678 CIVIL TERM
JOHN R. DILLER,
Plaintiff
V.
HEIRS OF ALEXANDER P.
RUSSELL, and JACOB
RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE,
MAUDE NAUGLE, NANNIE A.
FREHN a/k/a NANCY A. FREHN
a/k/a NANCY AGNES FREHN
a/k/a NANCY E. FREHN,
CARL NAUGLE, JOHN FREHN,
VIOLET FREHN, SCOTT WALKER,
and the unknown heirs
of said Defendants,
Defendants
OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A
LAWYER. IF YOU CANNOT AF-
FORD TO HIRE A LAWYER, THIS
OFFICE MAY BE ABLE TO PRO-
VIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OF-
FER LEGAL SERVICES TO ELI-
GIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY
BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Feb. 9
ACTION TO QUIET TITLE
NOTICE
If you wish to defend, you must
enter a written appearance person-
ally or by attorney and file your de-
fenses or objections in writing with
the court. You are warned that if you
fail to do so the case may proceed
without you and a judgment may be
entered against you by the court
without further notice for the relief
requested by the plaintiff. You may
lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PA-
PER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
GO TO OR TELEPLHONE THE OF-
FICE SET FORTH BELOW. THIS
EMISIT OW
JOHN R. DILLER,
Plaintiff
V.
HEIRS OF ALEXANDER P. RUSSELL,
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-3678 CIVIL TERM
ACTION TO QUIET TITLE
AFFIDAVIT OF SERVICE
I, Robert G. Frey, do hereby acknowledge that I served a certified copy of the Complaint
with Notice to Defend in the above-captioned matter on John Frehn by regular first class mail,
postage prepaid on November 20, 2006 addressed as follows:
Mr. John Frehn
3470 Paces Ferry Road
Tallahassee, FL 32309
Mr. Scott Walker
130 Starlight Lane
Morehead, KY 40351
Mrs. Violet Frehn
35 Maple Avenue
Walnut Bottom, PA 17015
The original acceptance of service signed by John Frehn is attached hereto.
Date: March 4, 2007
Robert G. Frey
Attorney for Plaintiff
5 South Hanover Street
Carlisle, PA 17013
ExHlF3nr °?^
JOHN R. DILLER,
Plaintiff
v.
HEIRS OF ALEXANDER P. RUSSELL,
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-3678 CIVIL TERM
ACTION TO QUIET TITLE
ACCEPTANCE OF SERVICE
I, John Frehn, do hereby acknowledge that I was served the first week of December, 2006
with a copy of the Complaint as a Defendant in the above-captioned matter and that I accepted
service of the same.
Date: March 2_3,2007
/John rehn
204 Honors Lane
State College, Pennsylvania 16803
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JOHN R. DILLER,
Plaintiff
V.
HEIRS OF ALEXANDER P. RUSSELL,
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 06-3678 CIVIL TERM
ACTION TO QUIET TITLE
AMENDED AFFIDAVIT OF SERVICE
I, Robert G. Frey, do hereby certify that I served a certified copy of the Complaint with
Notice to Defend in the above-captioned matter on John Frehn by regular first class mail, postage
prepaid on November 20, 2006 addressed as follows:
Mr. John Frehn
3470 Paces Ferry Road
Tallahassee, FL 32309
Mr. Scott Walker
130 Starlight Lane
Morehead, KY 40351
Mrs. Violet Frehn
35 Maple Avenue
Walnut Bottom, PA 17015
A copy of the acceptance of service in December, 2006 signed by John Frehn is attached to the
original Affidavit of Service filed to the above term and number.
I further certify that a true and correct copy of the Complaint with Notice to Defend was
personally served by me on Violet Frehn at her home at 35 Maple Avenue, Walnut Bottom,
Pennsylvania on March 20, 2007 and that a true and correct copy of the Complaint with Notice
to Defend was served on Scott Walker by certified mail return receipt requested addressed to
Mr. Scott Walker, 130 Starlight Lane, Morehead, KY 40351
A copy of the return receipt evidencing service on Scott Walker on May 11, 2007 is
attached hereto.
Date: June 20, 2007
Robert G. Frey
Attorney for Plaintiff
5 South Hanover Street
Carlisle, PA 17013
(718-243-5838
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
Mr. Scott Walker
130 Starlight Lane
Morehead, KY 40351
2. Article Number
(Transfer from service label)
51 a r.
at t
dresses 1
by Pripted N ) C. Data of Delivery
Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
? Certified Mail ? Express Mail
? Registered ? Retum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
PS Form 3811, February 2004 Domestic Retum Receipt
102585-02:M-1540
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JOHN R. DILLER,
Plaintiff
V.
HEIRS OF ALEXANDER P. RUSSELL,
and JACOB RUSSELL, ALMA BERTIE
FULTON, ANNA MARY HALE, MAUDE
NAUGLE, NANNIE A. FREHN, a.k.a.
NANCY A. FREHN, a.k.a. NANCY
AGNES FREHN, a.k.a. NANCY E.
FREHN, CARL NAUGLE, JOHN FREHN
VIOLET FREHN, SCOTT WALKER, and
the unknown heirs of said Defendants,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-3678 CIVIL TERM
ACTION TO QUIET TITLE
n DECREE OF COURT
AND NOW, THIS !?. th day of , 2007, affidavits of service
of Complaint with Notice to Plead being attached heretb and no answer having been
made by any of the Defendants, and upon consideration of the foregoing Motion of
Plaintiff,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that title to the
premises that is the subject of this action is hereby vested in Plaintiff, said tract being
more particularly bounded and described as follows:
ALL THAT CERTAIN tract of land situate in South Newton Township,
Cumberland County, Pennsylvanai, bounded and described in accordance with
Plot of Mountain Land prepared by Larry Vern Neidlinger, Professional Engineer,
dated July 20, 1980 and recorded with Deed recorded in the hereinafter named
Recorder's Office in Deed Book "K", Volume 29, Page 936, as follows:
BEGINNING at an iron pin in stones at the Southeastern corner of a tract
of land containing 12.305 Acres heretofore conveyed to John R. Diller deed
recorded in Deed Book "A", Volume 29, Page 484, which said tract of land
heretofore conveyed to John R. Diller is shown on a survey plan recorded in the
hereinafter named Recorder's Office in Plan Book 38, Page 60; thence from said
iron pin at the Place of Beginning along a line of land now or formerly of Michael
Goodhart South 15 degrees 17 minutes 54 seconds East a distance of 1,461.43
feet to an existing stake and stones at line of land now or formerly of Charles
Stine; thence along line of said land now or formerly of Charles Stine North 85
degrees 53 minutes 41 seconds West a distance of 1,324.76 feet to a stone pile in
line of land now or formerly of Reuben Diller; thence along line of said land now
or formerly of Reuben Diller North 17 degrees 25 minutes 7 seconds West a
distance of 943.01 feet to stones; thence still along line of said land now or
formerly of Reuben Diller and crossing Township Road T-334 and continuing
along line of said land now or formerly of John R. Diller North 66 degrees 14
minutes 21 seconds East a distance of 630.97 feet to an iron pin in stones; thence
still along line of said land now or formerly of John R. Diller North 75 degrees 54
minutes 28 seconds East a distance of 660.45 feet to an iron pin in stones, at the
Place of BEGINNING.
BEING the same premises which Reuben E. Diller, by deed dated May
15, 1981 and recorded June 2, 1981 in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania in Deed Book "K", Volume 29, Page 936,
granted and conveyed to John R. Diller.
IT IS FURTHER ORDERED AND DECREED that each of the Defendants be
forever barred from asserting any right, lien, title, claim or interest in or to the herein
described parcel of land inconsistent with the interest and claims of the Plaintiff's title to
said land; form issuing or maintaining any action attacking the same or from
encumbering, mortgaging or conveying the same, or any part thereof, unless an action of
ejectment is filed against the Plaintiff for recovery of the same within thirty (30) days.
BY THE COURT:
V ;,
JOHN R.DILLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
v. CIVIL ACTION-LAW
HEIRS OF ALEXANDER P.RUSSELL, No.06-3678 CIVIL TERM 'Y
and JACOB RUSSELL,ALMA BERTIE rrifr
FULTON,ANNA MARY HALE,MAUDE
NAUGLE NANNIE A.FREHN,a.k.a.
NANCY A.FREHN,a.k.a.NANCY • r
AGNES FREHN,a.k.a.NANCY E. •
FREHN,CARL NAUGLE,JOHN FREHN -
VIOLET FREHN,SCOTT WALKER,and
the unknown heirs of said Defendants,
Defendants ACTION TO QUIET TITLE
PREAECIPE
TO THE PROTHONOTARY:
Enter on Appearance Docket and on Decree of Court dated June 25, 2007, a
notation that the defendants failed to take the action directed in the last advertisement,
and as directed in the Decree of Court dated June 25, 2007, within the time therein
limited; enter final judgment; and transmit to the Recorder of Deeds a certified copy of
the Decree containing the notation above-described. (See C.C.R.P.1066-4.)
Date: June 24, 2014 �I j
Robert G. Frey
Attorney for Plaintiff
5 South Hanover Street
Carlisle, PA 17013
(718-243-5838
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•
MAY 0 3 2007 my
JOHN R.DILLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
•
v. : CIVIL ACTION-LAW
•
HEIRS OF ALEXANDER P.RUSSELL, : No.06-3678 CIVIL TERM
and JACOB RUSSELL,ALMA BERTIE
FULTON,ANNA MARY HALE,MAUDE
NAUGLE,NANNIE A.FREHN,a.k.a.
NANCY A.FREHN,a.k.a.NANCY
AGNES FREHN,a.k.a.NANCY E.
FREHN,CARL NAUGLE,JOHN FREHN .
VIOLET FREHN,SCOTT WALKER,and
the unknown heirs of said Defendants,
Defendants ACTION TO QUIET TITLE
DECREE OF COURT
th -(
AND NOW,THIS 2 5 day of J Q t1/4- 5 ,2007,affidavits of service
of Complaint with Notice to Plead being attached hereto and no answer having been
made by any of the Defendants,and upon consideration of the foregoing Motion of
Plaintiff,
IT IS HEREBY ORDERED,ADJUDGED AND DECREED that title to the
premises that is the subject of this action is hereby vested in Plaintiff, said tract being
more particularly bounded and described as follows:
ALL THAT CERTAIN tract of land situate in South Newton Township,
Cumberland County,Pennsylvanai, bounded and described in accordance with
Plot of Mountain Land prepared by Larry Vern Neidlinger,Professional Engineer,
dated July 20, 1980 and recorded with Deed recorded in the hereinafter named
Recorder's Office in Deed Book"K",Volume 29,Page 936,as follows:
BEGINNING at an iron pin in stones at the Southeastern corner of a tract
of land containing 12.305 Acres heretofore conveyed to John IL Diller deed
recorded in Deed Book"A",Volume 29,Page 484, which said tract of land
heretofore conveyed to John R. Diller is shown on a survey plan recorded in.the
hereinafter named Recorder's Office in Plan Book 38, Page 60;thence from said
iron pin at the Place of Beginning along a line of land now or formerly of Michael
Goodhart South 15 degrees 17 minutes 54 seconds East a distance of 1,461.43
feet to an existing stake and stones at line of land now or formerly of Charles
Stine;thence along line of said land now or formerly of Charles Stine North 85
degrees 53 minutes 41 seconds West a distance of 1,324.76 feet to a stone pile in
line of land now or formerly of Reuben Diller; thence along line of said land now
or formerly of Reuben Diller North 17 degrees 25 minutes 7 seconds West a
distance of 943.01 feet to stones;thence still along line of said land now or
formerly of Reuben Diller and crossing Township Road T-334 and continuing
along line of said land now or formerly of John R.Diller North 66 degrees 14
•
•
minutes 21 seconds East a distance of 630.97 feet to an iron pin in stones; thence
still along line of said land now or formerly of John R. Diller North 75 degrees 54
minutes 28 seconds East a distance of 660.45 feet to an iron pin in stones, at the
Place of BEGINNING.
BEING the same premises which Reuben E. Diller,by deed dated May
15, 1981 and recorded June 2, 1981 in the Office of the Recorder of Deeds in and
for Cumberland County,Pennsylvania in Deed Book"K",Volume 29,Page 936,
granted and conveyed to John R. Diller.
H'IS FURTHER ORDERED AND DECREED that each of the Defendants be
forever barred from asserting any right, lien,title, claim or interest in or to the herein
described parcel of land inconsistent with the interest and claims of the Plaintiff's title to
said land;form issuing or maintaining any action attacking the same or from
encumbering,mortgaging or conveying the same,or any part thereof, unless an action of
ejectment is filed against the Plaintiff for recovery of the same within thirty(30)days.
BY THE COURT:
J.
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