HomeMy WebLinkAbout06-4989
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. Db - 49?/
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE 1. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY 1. COY,
THEIR HEIRS AND ASSIGNS
DEFENDANTS : ACTION TO QUIET TITLE
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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, PA 17013
Telephone: 717-249-3166
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. Dl. - 491>f
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE 1. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY 1. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TIlLE
COMPLAINT
1. Plaintiffs, Thomas D. Kligge and Janet F. KIigge, husband and wife, are adult
individuals residing at 8533 Newburg Road, Newburg, Cumberland County, Pennsylvania.
2. The Plaintiffs aver that they have no knowledge or information concerning the present
whereabouts or continued existence of Defendants Dorothy A. Coy, Charles R. Coy, Jackie 1.
Coy, Shirley A. Shields, William N. Coy, Patsy 1. Coy and their heirs and assigns.
3. Plaintiffs are the owners of two tracts ofland situate in the Borough of Ship pens burg,
Cumberland County, Pennsylvania by virtue of a Deed dated May 12,2006, recorded in
Cumberland County Record Book 274 Page 2512, a copy of which is attached hereto,
incorporated by reference and marked Exhibit "A".
4. Tract 2 of the aforesaid deed is described as follows:
All that certain lot of ground with buildings erected thereon, situated on the South side of
Fort Street in the Borough of Shipp ens burg, Cumberland County, Pennsylvania, and bounded
and described as follows, to wit:
ON the North by Fort Street; on the East by lot now or forermly of John Hosfeld; on the
South by a fourteen (14) foot public alley; and on the West by a twelve (12) foot public alley.
CONTAINING thirty (30) feet in front on Fort Street and Extending one hundred seventy
(170) feet, more or less, to said alley in the rear.
5. The Plaintiffs have caused to be completed an extensive search and examination of the
records in and for Cumberland County, Pennsylvania.
6. Plaintiffs believe and therefore aver that the aforesaid premises is the same which was
set forth in the conveyance from J.B. Hockersmith, Trustee under the Last Will and Testament of
John E. Coffy to Charles L. Coy dated August 5,1953, recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Deed Book 15 Volume "K" Page 44, a copy of which is
attached hereto, incorporated by reference and marked Exhibit "B".
7. The Defendants herein named are the heirs at law of Charles L. Coy who died intestate
on July 30,1958.
8. Defendant Dorothy A. Coy, et al. conveyed the adjoining premises on Fort Street to
Norman C. Koontz, Jr. And Dorothy M. Koontz by deed dated October 28, 1965, recorded in
Cumberland County Deed Book 21 Volume "U" Page 149, a copy of which is attached hereto,
incorporated by reference and marked Exhibit "C".
9. Plaintiffs believe and therefore aver that at the time of the aforesaid conveyance, the
description for the tract described in Paragraph 4 herein was inadvertently omitted.
10. Plaintiffs aver that Charles L. Coy and Defendants did not convey their interest in the
aforesaid premises by recorded deed, up until the date of the filing of this Complaint, thereby
raising a title objection in the form of an outstanding interest in real estate.
11. Plaintiffs aver that they and their predecessors in title have paid taxes on tax parcel
32-33-1867-022 which is partly comprised of the property in question since the Koontz purchase
in 1965. A copy of the tax map is attached hereto, incorporated by reference and marked Exhibit
"D",
12. Plaintiffs aver that they and their predecessors in title have been in open, notorious,
continuous and adverse possession of the premises set forth in Paragraph 4 herein for a period of
time in excess of twenty-one (21) years which would be sufficient to establish adverse possession
by the laws of the Commonwealth of Pennsylvania.
13. The Plaintiffs desire and need to have their ownership of said property as herein-
above set forth confirmed, and their title to same quieted in order to obtain good and marketable
title to same.
WHEREFORE, the Plaintiffs respectfully request the Court to enter an order declaring
Plaintiffs, Thomas D. Kligge and Janet F. Kligge, the owners in fee simple of the premises
described in Paragraph 4 of this Complaint, free and clear of any and all right, title, interest,
claim or demand of the said Defendants, Dorothy A. Coy, Charles R. Coy, Jackie 1. Coy, Shirley
A. Shields, William N. Coy, Patsy 1. Coy and their heirs and assigns, and further barring the said
Defendants from denying, impeaching or in any way attacking Plaintiffs' title in and to the said
premises described in Paragraph 4 above.
Respectfully submitted
DUNCAN & HARTMAN, P.C.
Susan J. HartIn
Attorney ID 65184
1 Irvine Row, Carlisle, PA 17013
717.249.7780
~
Date: 1...;' '8 ~"
I
VERIFICATION
I veritY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated: ""1 J l"j J ~~
{ (
.t.07!)
j VI. e
ROBERT P. ZIEG!.[R
RECOR~.:Er,: '~,:~ :"~-I.-."'-'
Ci"
2006 j'lRY 12 RMID O~
Tax Parcel f#
c;9k PlJeed
MADE this IJ.. day of mo..i ,2006,
BETWEEN DAVID L. MOTTER, married man, of Shippensburg, Cumberland
County, Pennsylvania,
"GRANTOR",
AND THOMAS D. KLlOOE and JANET F. KLlGGE, husband and wife,
of Newburg, Cumberland County, Pennsylvania,
"GRANTEES",
WITNESSETH, that in consideration of the sum of One Hundred Seventy
Thousand and 00/100 ($170,000.00) Dollars, in hand paid, the receipt whereof is
hereby acknowledged, the said GRANTOR does hereby grant and convey in fee
simple to said GRANTEES, their heirs and assigns, as tenants by the entireties,
TRACT NO.1:
ALL THOSE CERTAIN three adjoining lots, with improvements thereupon
erected. situate on the South side of East Fort Street in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING on the North by East Fort Street; on the East by property now or
formerly of Clifford J. Robinson; on the South by an Alley; and on the West by
property now or formerly of Kathryn F. Coffey. The aggregate frontage of the
three lots on Fort Street being 101 feet and the depth to the alley in the rear
being 160 feet. There being a frame dwelling house and other improvements on
the Eastern one of the said lots. which dwelling house was built as a double
dwelling and since changed to a single dwelling.
t~ 2'74 PACE2512
r---------r.
BEING the same premises which Joseph P. Messich and Nancy G. Messich,
husband and wife, by Deed dated November 9, 2001 and recorded in the Office
of the Recorder of Deeds in and for Cumberland County In Deed Book 249 Page
1300, granted and conveyed unto David L. Motter, grantor herein. Tammy S.
Motter joins herein to convey any Intetest she may have In the subject premises
by virtue of her marriage to David L. Motter, grantor herein.
AND the said GRANTOR hereby warrants specially the property herein
conveyed.
TRACT NO.2:
Grantor hereby conveys all right, title and interest, if any, in
ALL THAT CERTAIN lot of ground, with buildings erected thereon, situated on
the South side of Fort Street In the Borough of Shlppenaburg, Cumberland
County, Pennsylvania, and bounded and described as follows, to wit:
ON the North by Fort Street; on the East by lot now or formerly of John Hosfeld;
on the South by a fourteen (14) foot public alley; and on the Weet by a twelve
(12) foot public alley.
CONTAINING thirty (30) feet In front on Fort Street and extending one hundred
and seventy (170) feet, more or less, to said alley in the rear.
BEING the same premises which J. B. Hockersmith, Trustee under the Last Will
and Testament of John E. Coffey, by Deed dated August 5, 1953 and recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Deed Book
15-K Page 44, granted and conveyed unto Charfea L. Coy.
This tract was omitted from prior conveyances, however Grantor and his
predecessors in title have been in full posaeasIon and occupation since the
conveyance of Tract No.1 to Norman C. Koontz, Jr. And Dorothy N. Koontz
dated October 28, 1965 as recorded in Deed Book 21-U, Page 149.
Tammy S. Motter joins herein to convey any interest she may have in the subject
premises by virtue of her marriage to David L. Motter, grantor herein.
look 274 PACE2513
,'--
. ..
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
WItn...:
~~-
) J)aJ// chJ;dlv
David L. Motter
"'(1 ~ In ,-It:,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERlAND
On this the Q day of ffiCl\} , 2006, before me, the undersigned
officer, personally appeared Dalnd L. Motter and Tammy S. Motter, known to me
(or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed same for the purposes
therein contained.
:...
WITNESS my hand and official seal the day and year first above written.
(SEAL)
NOTARIAL lEAL
IClIIIt1 L'" 011. NoIiIIY PuIIlIc
BafOUlIIl tII CdIIe. CI.. .III IInd Co., PA
__ CGI/lIIIIIIIOII ExpIrM Aug.11, .,
~ 2'14 PAGE2514
I.
I hereby certify that the precise residence and complete post office address of
the within named Grantees is ~5 ~~ '>'1.1.. "'-'.a R"'....~
,
~11'"~wntr.~ /1 :ND
'1Jk., I~
~-
,2006
Culber land Caunb Recorder of Deeds
hstruaent Filiu,
Rectiptl 606711
Instrl 2006-016075 5I1V2~ 10:08:36
RRarlcs: DIKNI
Kll6GE
Certify thls to be recorded
i!) Cumberland County P A
<;4~ -1...,- ~ ~/'-
~
Recorder of Deeds
DEED
DEED - IIlIT
DEED - m STAlE
SHII'PENSBUR6 MEA
SHIPPENSJURS 10/0
rro-WI!
.1.C:S, ! ~,T.J.
CD I"f'RD\IEJ!EIlT FHD
REC. IftlIT FIIID
Cbeckl10Z4
Checkl 1m
TDtal Received.......
.. 274 ~251S
11.50
.50
1700.00
850.00
850.00
11.50
It.DO
2.00
3.00
$3.438.00
'.50
$3.438.50
, ,
AUMINISTRATORS, 00 BY THESE PRESENTS, COVENANT, GRANT AND AGREE TO AND WITH THE SAID PART~
IES Of THE SECOND PART THEIR ftlRS AND ASSIGNS, THAT THEY THE SAID PARTIES Of THE fiRST
.' . . ' '.
PART, fOR THEMSELVES, THEIR HEIR~ ,ALL AND SINGULAR THE HEREDITAMENTS AND PREMISES HEREIN-
ABOVE DESCRIBED AND GRANTED OR MENTIONED, AND INTENDED SO TO BE, WITH THE APPURTENANCES,
UNTO THE SAID PARTIES Of THE SECOND PART, THEIR HEIRS AND ASSIGNS, AGAINST THE SAID PART-
IES Of THE fiRST PART AND THEIR HEIRS AND AGAINST ALL ANDEVERY OTHER PERSON OR PERSONS WHOM-
SOEVER, LAWfULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOf.
SHALL AND WILL, BY ,THESE PRESENTS, WARRANT AND fOREVER liEf END.
IN WITNESS WHEREOf THE SAID PARTIES Of THE fiRST PART HAVE HEREDNTO SET THEIR HANDS
AND SEALS THE DAY AND YEAR fiRST ABOvE WRITTEN.
SIGNED, SEALED AND DELIVERED
I N THE PR 'oSENCE Of
BRDCEE. BRIBAKER
KENNETH G. KIPP
COIIMONWEALTH Of PENNSYLVANIA)
COUNTY Of DADPHIN )6S.
ON THIS, THE 1ST DAY Of ADGU,r 1953, BEfORE ME A NOTARY PUBLIC IN AND fOR THE SAID
HELEN A. BRUBAKER
( SEAL)
(SEAL)
COUNTY AND STATE THE UNDERSIGNED OffiCER, PERSONALLY APPEARED BRUCE E. BRUBAKER AND HELEN A.
BRUBAKER, HIS WIFE, KNOWN TO ME (OR SATISfACTORILY PROVEN) TO BE THE PERSONS WHOSE NAMES
SUBSCR I BED TO THE WITH I N I NSTRWENT, AND ACKNOWLElIGED, THA T THEY EXECUTED THE SAAlE FOR THE
PURPOSE THEREIN CONTAINED.
I HEREBY CERTifY THAT THE
NOTARY PUBLiC
MY CClA EXP JANUARY 7, 1957
PRECISE RESIDENCE Of THE GRANTEt, IN THE WITHIN lEED, IS
c:,
IN WITNESS WHERF;.Of" J HEREUNTO SET MY HANU AND OfFICIAL SEAL.
KENNETH G. KIPP
151 WASHINGTON TERRACE, LEMOYNE,PA.
ROBERT L. MYERSJR.
ATTORNEY fOR GRANTEE
EG
------------------------------------------------------------------------ -----------------
NO. 27685
DEED
JOHN E. COfFEY'S TRUSTEE
TO
CHARLES L. COY
CONS. $1500.00
LaC. SHIPPENSBURG
DATED AUGUST 5' 1953
ENTD. AUGUST 7, 1953
TIME 2:34
THIS INDENTURE,
o
t MADE'THE 5TH DAY Of AUGUST, 1953,
~ BETWEEN J.B. HOCKERSMITH, TRUSTEE UNDER THE LAST WILL
t AND TESTAMENT Of JOHN E. COffEY, LATE Of THE BOROUGH Of
~ SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED,
t PARTY Of THE fiRST PART, AND
CHARLES L. COY, Of THE BOROUGH OF SHIPPENSBURG, CUMB-
UNITED STAlES
1.05
NTERIlAl REVENUE
8-5-53
DOCUMENTARY
PPiriA
15. RY ATT
8-7-53
ST...n: r,o,);
o
ERLAND COLNTY, PENNSYLVANIA, PARTY Of THE SECOND PART,
I
WHEREAS, THE SAID JOHN E. COfFEY WAS SEIZED IN FEE,
t
AMONG OTHER LANDS, OF AND IN A 'CERTAIN MESSUAGE DR TENEMENT
o
AND TRACT OF LAND,HEREINAfTER DESCRIBED, AND
WHEREAS, THE SAID JOHN E. COfFEY OEPARTED THIS LIFE THE
.11TH DAY OF JUNE, 1952, LEAVING A.~AST WILL AND TESTAMENT DATEO
THE 25TH DAY OF MAY, 1950, AND DULY PKOVED ANU REGISTEREU IN THE
OFFICE OF THE REGISTER OF WILLS IN AND FOR THE COUNTY OF CUMBER-
LANU, ANO
WHEREAS, BY SAID AFOREMENTlalED LAST WILL ANO TESTAMENT, THE SAlu JOHN E. COFfEY, PRO-
VIDEO INTER AliA, ASFOLLOWS: "FIFTH. I GIVE AND DEVISE ALL Of MY REAL ESTATEv.!iEREVER THE "
SAMEIS SITUATED TO JOHN H. WENGER OF CHAMBERSBURG, R.D. 2, PA., ANU GEOAGE E. WENGER Of
579 MONTGOMERY AVE., CH~BER5BURG, PA., IN TRUST NEVERTHELESS, FOR THE FOLLOWING USES AND
PURPOSES:...(B)...ANO I GIVE ANU GRANT UNTO MY SAID TRUSTEES FULL POWER AND AUTHORITY TO
--
\)
(- y~
SELL ANY AND ALL Of SAID REAL ESTATE..... AI\{)
WHEREAS. THE SAID JOHN H. WENGER AND GEORGE E. WENGER, HAVING RENOUNCED THE AFORESAID
TRUST IN PROCEEDINGS IN THE ORPHANS COURT Of CUMBERLAND COUNTY. PENNSYLVANIA. AND
WHEREAS, THE SA 10 J.B. HDCKERSMI TH AND RICHARD R. WOLFRCM WERE APPOI NTED TRUSTEES UNOCR
THE WILL Of THE SAID JOHN E. COFFEY, BY ORDER OF THE SAID OR~HANS COURT ON MARCH 24, 1953, AND
WHEREAS. THE SAID RICHARO R. WOLFROM IS NOW DECEASED, LEAVING THE SAID J.B. HOCKERSMITH
AS SURVIVING TRUSTEE,
NON THIS INDENTURE WITNESSETH, TKAT IN CONSIDERATION OF THE SUM OF ONE THOUSAND FIVE
HUNOREU ($1,500.00) DOLLARS, THE RECEipT WHEREOF IS HEREBY ACKNOWLEDGED, THE SAID J.B.
HOCKERSMITH, TRISTEE. DOES HEREBY GRANT AI\{) CONVEY TO THE SAID CHARLES L. COY. HIS HEIRS AND
ASS IGNS ,
ALL OF THAT SAID LOT Of GROlJ.lD. WITH HUILDINGS ERECTED THEREON. SITUATED ON THE SOUTH
SIlJE Of FalT"STREET IN THE BalOLGH if SHIPPENSBLfW. CUMBERLAND COUNTY, PENNSYLVANIA. AND
BOUNDED ANO DESCRIBED AS FOLLOWS, TO WIT:
ON THE NORTH BY FalT STREET; ON THE EAST BY LOT NOW OR FORMERLY OF JOHN HOSFELD; ON
PljBLI C
THE SOUTH BY A FOURTEEN (14) FOOT PUBLIC ALLEY; P.NO ON THE WEST BY A TWELVE (12) FOOT/ALLEY
CONTAINING THIRTY (0) FEET IN FRONT ON FORT STREET AND EXTENDING ONE HUNDRED AND SEVENTY
(170) FEET. MORE Cfl LESS, TO SAID ALLEY IN THE REAR.
BEING THE SAME PROPERTY WHICH JOHN HOSFELD Ai'{) WIFE BY THEIR DEED DATED THE 20 UAY OF
AUGIST, 1901 AND RECORUED IN THE OfFICE FOR THE RECalUING Of DEEDS IN ANIl FOR CUMBERLAND
COUNTY, IN UEED BOOK .F". VOL. 6. PAGE 249. CON>EYED TO AUGISTUS M. HYKAS: AND BEING THE
SAME PROPERn WHOCH GECflGE I. HYKAS, ADMINISTRATOR Of' H€ ESTATE OF AUGISTUS M. HYKAS, DE-
CEASED, BY DEED Dp.TED JUNE 22, 1916"AND 'INTENDED TO BE RECORDED, CONVEYED TO THE SAID JOHN
E. COFFEY, UECEASED.
TOGETHER WITH ALL AND SiNGULAR THE REAL ESTATE. WAYS, WATERS, WATER-COURSES, RIGHTS,
LIBERTIES. PRIVILEGES, HEREDITAt.€NTS AND APPURTENANCES 'WHATSOEVER THEREUNTO BELONGING, OR
IN P.N~ISE P.PPERTAINING, ANU THE REVERSIONS ANO REMAINDERS. RENTS. ISSUES AND PROFITS THEREOF;
Ai'{) ALSO ALL THE ESTATE, RIGHT, TITLE, INTEREST, USE. TRIST. PROPERTY, POSSESSION. CLAIM
ANU ODlAND wHATSOEVER OF THE SAID JOHN E. COn'EY AT AND IW-EDIATELY BEFORE THE TIME OF HIS
DECEASE, IN LAW, EQUiTY. OR OTHERWISE HONSOEVER, OF. IN, TO OR OUT OF THE SAME:
TO HAVE ANO TO HOLD THE SAID REAL ESTATE, HERED ITAMENTS AND PREMISES HEREBY GRANTED
AND RELEASED, OR MENTIONED j[NO INTENDED SO TO BE, WITH THE APPURTENANCES, UNTO THE SAID
CHARLES L. COY,HIS HEIRS ANU ASSIGNS TO AND fOR THE ONLY PROPER DSE AND BEHOOF OF THE SAID
CHARLES L. COY, HIS HEIRS OR ASSIGNS FOREVER.
AND THE SAID J.B. HOCKERSM ITH. TRDSTEE AS AfORESAID. UOESHEREBY COVENANT, PRCMI SE AND
AGREE, TO AND WITH THE SAID CHARLES L. COY, HIS HEIRS AND ASSIGNS, BY THESE PRESENTS, THAT HE,
THE SAID J.B. HOCKERSMITH, TRUSTEE, HASNOT UONE, COMMITTED. OR KNOWINGLY OR WILLINGLY SUFFERED
TO BE DONE, OR COMMITTED. ANY ACT, MATTER OR THING WHATSOEVER. WHEREBY THE PREMISES HEREBY
GRANTED, OR ANY PART THEREOF. IS ARE. SHALL, OR .IMAY BE IMPEACHED, CHARGES, OR INCUMBERED.
IN TITLE, CHARGE.ESTATE, (R OTHERWISE HOWSOEVER.
IN WITNESS WHEREOF, THE SAID J.B. HOCKERSMITH, IRDSTEE AS AFORESAID. HAS HEREUNTO SET
HIS HANU AND SEAL. THE DAY AND YeAR FIRST ABOVE WRITTEN.
SEALED AND DELI VERED IN THE
PRESENCE OF
W.A. ADUP.MS, JR.
J.B. HOCKERSMITH (SEAL)
TRUSTEE Of THE LAST WILL AND TESTAMENT OF
JOHN E. COFFEY. DECEASED.
STATE OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
ON THE 5TH DAY OF AUGUST,1953. BEFORE ME. THE SUBSCRIBER, A NOTARY PUBLIC IN ANU FOR
SAID STATE AND COUNTY, CAME THE ABOVE-NAMED J.B. HOCKERSMITH, TRUSTEE, ANU HE ACKHOWLEUGEo
THE ABO~E INDENTDRE TO BE HIS ACT AND DEED. AND UESIREO THE SAME MIGHT BE RECORDED AS SUCH.
(':~..l ~ CD. 1\1., J! (J..flo
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2'l1-4T_W.rFMU De.o.d. Shem J'orM, An ot lIot.
lien". nal'. lIu:.. JAoUana. P..
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day 0' (]Jc U~
and sixty-five
in the year
MADE THE ~I ~
"f our Lord one tlw>ltaand ni.... hundred
RETWEEN
DOROTIlY A. COY, Single wOMan, of the Boroup,h of Chambers burg ,
Co un ty of Franklin, and State of Pennsylvania and THE FIRST
~ATIO:(AL BA.\jK of Shippensburg, Guardian of Patsy Louise
-Coy>> a Minor.
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Noro,IAN C. KOONTZ, JR. and DOROTHY I,!. KOONTZ, his wife. of
the Borour,h of Shippensburr., County of Frahklin and State of
Pennsylvvnia
G....ntees:
'lTNESSETH, that in consideration 0' Seventeen Thousand ($17,000.00)
DoUara,
. :f_I,f~-;'[~~-\J.\ =;'/ in hand paid, the receipt 1ohcreol is hercb1J acknowledged.. the said grantor S do herebtl grant
j'>.:.::-'. ~andC01lV"1Itothesaidqmntees, ALL those. certain three adjoining lots,
.,: situtlte on t~,e South side of East Fort Street in the Bor"u~h of
';.' ...,... . Shippensburg, Cunberland . Count)', Pennsylvania, bounded and'described.
tl~~~,_~~~ ,:~;~ follol'ls:
r~'" '.",'-,"\'T':'
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On the ~;orth b)' Etlst Fort St reet; on the East by property
[ornerl)' of Charles E. I'leir-le, no>! Clifford J. Robinson; on
the South b)' an alle)'; and on the I'lest by property formerly
of ,\ur,ustus r:)'kes, nO\~ or formerly. Kathr)'n F. Coffey. The
ar.~rer,ate frontage of the three lots on Fort Street being One
!lundred me (101) feet and the depth to the alle)' in the rear
bein!: One Hundred Sixt)' (160) feet. There being a frane dwelling
house tlnd other i~:)rove",ents on the Eastern one of the said lots,
'-Ihich d\\'clling house ''''n5 built as a double dwellinz and sinco
chanr,cu to a single <.hlellin~.
..: ~
..
:;/.'...:;..:,.
~(::~:_~::;,:,,:l,i!t,
,
nE!~G the saria real estate which ~'nlliam E. Crnr'ler and Ruth R. Cramer,
his wife, by uee,l u:lted Aur:ust 20, 1949 and recorded in the office
for the recordillg of deeus in and lor the Count)' of Cumberlanu in
l'ced nook "F", Vol. 14, Page 113 conveyed to Charles L. Coy \<ho
died fntestate on the 30th day of July, 1958 leavin3 to survive him
a willo\<, Dorothy A. Coy, to ,~hOl" descended a one-third interest in said
real estate,and fiVe children, to-wit: Charles R. Coy. Jackie L. Coy,
Si\irley .\. Shields, ",illialt N. Coy and Patsy L. Coy to ,~hom descended
a t','o-fifteenths interest each in said real estate. Charles Richtlrd Coy
Md \:elen L. Coy, his wife, b)' deed dated the day of .. 1959
and recorded in Deed Book Vol. , Page , conveyed thH r
undivided interest in said real estate to Dorothy A. Coy. Jackie L. Coy,
Single, by deed dated the 17th day of ;':ovember, 1959 and recorded in iJeed
Book Vol. , Page , conveyed his undivided interest in said
real estate to Dorothy A. Coy. Sherley C. Shields (a/k/a Shirley A.
S.hields) and Harry C. Shields, her husband, by c1eed dated l:ay Z, 1964 and
recorded in Deed !look Vol: , Pa~e , conve)'ed their undivided
interest in said reat' estate to Dorothy A. Co)', and 1\'illiam :1. Coy,
Single, b)' deed dated the day of ,.19.6 and recorded in
Deed !look Vol. " Pa~e , conveyed his un.divided interest in
aaid real estate to Dorothy.A. Coy, thereby vesting a thirteen-fifteenths.
undivided interest in said real estate in Dorothy A. Coy, one of the
Grantors' herein. The First National Rank of Shippensburg '~as appointed
54 .,;.." ;t",,,,,,. /)"'N
SchoO', Dlst. CumY.Co. Pa.
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r-unrJinn of the Estate of Pntsy Louise Coy, a ,.,inor, on the 26th uay
of January, 1960, nnd on the 19th dny of October, 1965"the First
:::ttiorial Bunk of. Shippcnshur~ petitioned the Orphans' Court of ;
fu",hcrland Count)' for leave to conv~y the undivided interest of Patsy
Louise Co~r. On the 20th c:!y of nct~hcr.'1965, the 0rphnnst Coutt of.
Cur-berland County ordered and uecrecd t:,at the First Xationa.1 Hank of
Shippensbur~, Guardian of the Estate of Patsy Louise Coy, be directed
to conveyed the t~o-fifteenths undivideu interest of Patsy Louise Coy
to the Grantees herein.
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNS YL VANIA
vs.
: NO. ob-.<.f"J89
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
ORDER FOR PUBLICATION
AND NOW this _ day of , 2006, upon consideration of
the foregoing motion and attached Affidavit, the Plaintiffs are granted leave to make service of
the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in
the Cumberland Law Journal and once in one daily newspaper of general circulation in the
County of Cumberland, the said publication requiring the Defendants, their heirs and assigns, if
any, to plead to said Complaint within twenty (20) days from the date of the last appearance of
the publication.
BY THE COURT
J.
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
;NO.0"-'1'1%9
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE 1. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY 1. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
MOTION FOR PUBLICATION
AND NOW, this aq1tl day of 4~~ ' 2006, comes the Plaintiffs,
Thomas D. Kligge and Janet F. Kligge, by'the ttomey, Susan J. Hartman, Esquire, and files
this Motion for Publication, the following of which is a statement:
1. This Action to Quiet Title was commenced by a Complaint filed in the Cumberland
County Prothonotary's Office on August~, 2006. A copy to that Complaint is attached
hereto as Exhibit "A".
2. The title of the real estate which is the subject of this action is in the names of the
Plaintiffs, Thomas D. Kligge and Janet F. Kligge.
3. The Plaintiffs acquired title to this property from David 1. Motter by deed dated May
12,2006, recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Deed Book 274 Page 2512. A copy of the deed is attached hereto as Exhibit
"B".
4. Plaintiffs believe and therefore aver that the aforesaid premises is the same which was
set forth in the conveyance from J.B. Hockersmith, Trustee under the Last Will and Testament of
John E. Coffy to Charles 1. Coy dated August 5, 1953, recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Deed Book 15 Volume "K" Page 44, a copy of which is
attached hereto, incorporated by reference and marked Exhibit "C".
5. The Defendants herein named are the heirs at law of Charles 1. Coy who died intestate
on July 30, 1958.
6. Defendant Dorothy A. Coy, et aI. conveyed the adjoining premises on Fort Street to
Norman C. Koontz, Jr. And Dorothy M. Koontz by deed dated October 28, 1965, recorded in
Cumberland County Deed Book 21 Volume "U" Page 149, a copy of which is attached hereto,
incorporated by reference and marked Exhibit "D".
7. Plaintiffs believe and therefore aver that at the time of the aforesaid conveyance, the
description for the tract described in Paragraph 4 herein was inadvertently omitted.
8. Plaintiffs aver that Charles L. Coy and Defendants did not convey their interest in the
aforesaid premises by recorded deed, up until the date of the filing of the Complaint.
9. The Plaintiffs have made a good-faith effort to determine the whereabouts of the heirs
of Charles L. Coy as set forth in an Affidavit attached hereto and marked as Exhibit "E" and
those efforts were unsuccessful.
1 O. The only way to serve this Action to Quiet Title is by publication.
WHEREFORE, Plaintiffs respectfully request the Honorable Court to enter an Order
permitting service of this Complaint in Action to Quiet Title by publication.
Respectfully submitted
DUNCAN & HARTMAN, P.C.
usanJ. H
Attorney ill 651 4
1 Irvine Row, Carlisle, P A 17013
717.249.7780
Date: ~I do/O~
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. Dl- ~'lPi
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE 1. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY 1. COY,
THEIR HEIRS AND ASSIGNS
DEFENDANTS : ACTION TO QUIET TITLE
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE ALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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, P A 17013
Telephone: 717-249-3166
f'j,lli
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vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0(,. '-I9i'1
CIVIL
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
COMPLAINT
1. Plaintiffs, Thomas D. Kligge and Janet F. Kligge, husband and wife, are adult
individuals residing at 8533 Newburg Road, Newburg, Cumberland County, Pennsylvania.
2. The Plaintiffs aver that they have no knowledge or information concerning the present
whereabouts or continued existence of Defendants Dorothy A. Coy, Charles R. Coy, Jackie L.
Coy, Shirley A. Shields, William N. Coy, Patsy L. Coy and their heirs and assigns.
3. Plaintiffs are the owners of two tracts of land situate in the Borough of Shippensburg,
Cumberland County, Pennsylvania by virtue of a Deed dated May 12, 2006, recorded in
Cumberland County Record Book 274 Page 2512, a copy of which is attached hereto,
incorporated by reference and marked Exhibit "A".
4. Tract 2 of the aforesaid deed is described as follows:
All that certain lot of ground with buildings erected thereon, situated on the South side of
Fort Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, and bounded
and described as follows, to wit:
ON the North by Fort Street; on the East by lot now or forermly of John Hosfeld; on the
South by a fourteen (14) foot public alley; and on the West by a twelve (12) foot public alley.
CONTAINING thirty (30) feet in front on Fort Street and Extending one hundred seventy
(170) feet, more or less, to said alley in the rear.
5. The Plaintiffs have caused to be completed an extensive search and examination of the
records in and for Cumberland County, Pennsylvania.
6. Plaintiffs believe and therefore aver that the aforesaid premises is the same which was
set forth in the conveyance from J.B. Hockersmith, Trustee under the Last Will and Testament of
John E. Coffy to Charles 1. Coy dated August 5, 1953, recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Deed Book 15 Volume "K" Page 44, a copy of which is
attached hereto, incorporated by reference and marked Exhibit "B".
7. The Defendants herein named are the heirs at law of Charles 1. Coy who died intestate
on July 30, 1958.
8. Defendant Dorothy A. Coy, et al. conveyed the adjoining premises on Fort Street to
Norman C. Koontz, Jr. And Dorothy M. Koontz by deed elated October 28, 1965, recorded in
Cumberland County Deed Book 21 Volume "U" Page 149, a copy of which is attached hereto,
incorporated by reference and marked Exhibit "C".
9. Plaintiffs believe and therefore aver that at the time of the aforesaid conveyance, the
description for the tract described in Paragraph 4 herein was inadvertently omitted.
10. Plaintiffs aver that Charles 1. Coy and Defendants did not convey their interest in the
aforesaid premises by recorded deed, up until the date of the filing of this Complaint, thereby
raising a title objection in the form of an outstanding interest in real estate.
II. Plaintiffs aver that they and their predecessors in title have paid taxes on tax parcel
32-33-1867-022 which is partly comprised of the property in question since the Koontz purchase
in 1965. A copy of the tax map is attached hereto, incorporated by reference and marked Exhibit
"D".
12. Plaintiffs aver that they and their predecessors in title have been in open, notorious,
continuous and adverse possession of the premises set forth in Paragraph 4 herein for a period of
time in excess of twenty-one (21) years which would be sufficient to establish adverse possession
by the laws of the Commonwealth of Pennsylvania.
13. The Plaintiffs desire and need to have their ownership of said property as herein-
above set forth confirmed, and their title to same quieted in order to obtain good and marketable
title to same.
WHEREFORE, the Plaintiffs respectfully request the Court to enter an order declaring
Plaintiffs, Thomas D. Kligge and Janet F. Kligge, the owners in fee simple of the premises
described in Paragraph 4 of this Complaint, free and clear of any and all right, title, interest,
claim or demand of the said Defendants, Dorothy A. Coy, Charles R. Coy, Jackie 1. Coy, Shirley
A. Shields, William N. Coy, Patsy 1. Coy and their heirs and assigns, and further barring the said
Defendants from denying, impeaching or in any way attacking Plaintiffs' title in and to the said
premises described in Paragraph 4 above.
Respectfully submitted
DUNCAN & HARTMAN, P.C.
,r'. Susan J. HartIn
Attorney ID 65184
I Irvine Row, Carlisle, PA 17013
717.249.7780
Date: i"'?'3~~
f
VERIFICATION
I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated: '1 J I Y } ()~
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R09ERT P. ZIEGl.ER
r(E'-'u', I'''' f~'" ~ - . ,-
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ZOOS i'lRY 12 Rf/ 10 O~
Tax Parcel #
~ PlJeed
MADE this I d. day of m 0.. i ' 2006,
BETWEEN DAVID L. MOTTER, married man, of Shlppensburg, Cumberland
County, Pennsylvania,
"GRANTOR",
AND THOMAS D. KLlGGE and JANET F. KLIGGE, husband and wife,
of Newburg, Cumberland County, Pennsylvania,
"GRANTEES",
WITNESSETH. that in consideration of the sum of One Hundred Seventy
Thousand and 00/100 ($170,000.00) Dollars, in hand paid, the receipt whereof is
hereby acknowledged, the said GRANTOR does hereby grant and convey in fee
simple to said GRANTEES, their heirs and assigns, as tenants by the entireties,
TRACT NO.1:
ALL THOSE CERTAIN three adjoining lots, with improvements thereupon
erected, situate on the South side of East Fort Street in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING on the North by East Fort Street; on the East by property now or
fonnerly of Clifford J. Robinson; on the South by an Alley; and on the West by
property now or fonnerly of Kathryn F. Coffey. The aggregate frontage of the
three lots on Fort Street being 101 feet and the depth to the alley in the rear
being 160 feet. There being a frame dwelling house and other improvements on
the Eastern one of the said lots, which dwelling house was built as a double
dwelling and since changed to a single dwelling.
tllOK 274 PACE2512
--.-----.,... .
,
BEING the same premises which Joseph P. Messlch and Nancy G. Messich,
husband and wife, by Deed dated November 9, 2001 and recorded in the Office
of the Recorder of Deeds in and for Cumberland County In Deed Book 249 Page
1300, granted and conveyed unto David L. Motter, grantor herein. Tammy S.
Motter Joins herein to convey any interest she may have In the subject premises
by virtue of her marriage to David L. Motter, grantor herein.
AND the said GRANTOR hereby warrants specially the property herein
conveyed.
TRACT NO.2:
Grantor hereby conveys all right, title and interest, if any. in
ALL THAT CERTAIN lot of ground, with buildings erected thereon, situated on
the South side of Fort street in the Borough of Shlppensburg. Cumberland
County, Pennsylvania, and bounded and described as follows, to wit:
ON the North by Fort Street; on the East by lot now or formerly of John Hosfeid;
on the South by a fourteen (14) foot public alley; and on the West by a twelve
(12) foot public alley.
CONTAINING thirty (30) feet in front on Fort Street and extending one hundred
and seventy (170) feet, more or less, to said alley in the rear.
BEING the same premises which J. B. Hockersmith. Trustee under the Last Will
and Testament of John E. Coffey, by Deed dated August 5, 1953 and recorded In
the Office of the Recorder of Deeds in and for Cumberland County in Deed Book
15-K Page 44. granted and conveyed unto Charles L. Coy.
This tract was omitted from prior conveyances, however Grantor and his
predecessors In title have been in full possession and occupation since the
conveyance of Tract No.1 to Norman C. Koontz, Jr. And Dorothy N. Koontz
dated October 28, 1965 as recorded in Deed Book 21-U, Page 149.
Tammy S. Motter joins herein to convey any interest she may have in the subject
premises by virtue of her marriage to David L. Motter, grantor herein.
Book 274 p",,'2513
I"
-.----
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IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
WItness:
L0-
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DavId L. Motter
A'4 -k Jp/t,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:...
:
On this the Q day of meA\) ,2006, before me, the undersigned
officer, personally appeared Dal.-id L. Motter and Tammy S. Motter. known to me
(or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed same for the purposes
therein contained.
WITNESS my hand and official seal the day and year first above written.
(SEAL)
NOTARIAL SEAL
KIlhy L .......... ..., PuIIIIc
BoroughofClrhll, CI......IllCo.. PA
My cammllalon Explrw Aug. 11."
_ 2'14 PAGE2514
I hereby certify that the precise residence and complete post office address of
the within named Grantees is 'i5:$~~. "'_U~ R"......f
,
7Ull'.PL..U...tt.~ 11 ::J&{o
'11It? /~
,2006
~
Culber land Coontv Recorder of Deeds
llstrwnent Filin,
ReceiptR 606711
lostrl 2006-016075 5/12/2006 10=08=36
Reaarks: DIIlCAN
KlUGE
Certify thIS to be recorded
!:] Cumberhind County P A
(jj.-14 4..... r' J-Y...
.' Recorder of Deeds
DEf))
DEED - URn
DEf)) - m STATE
SIIIPPEN5BUR6 AREA
SHIPPEIISBlJRG ItJlO
[lEED - Mf
.J,C,S: ! ~: T .J,
CD IHPRfl\IE1IEHT FHD
REC. IIlPRII1IT FUIID
Clleckl 1024
Cbeckl 1023
Total Recei~.......
lOOK 274 p~E2515
11.50
.50
1700.00
850.00
850.00
11.50
10.00
2.00
3.00
$3.438.00
$.50
$3.438.50
-~~..J
AOMINISTRATORS, O() BY THESE PRESENTS, COVENANT, GRANT AND AGREE TO AtlO WITH THE SAIO PART-
IES OF THE SECOND PART THEIR ,HEIRS ANO ASSIGNS, THAT THEY \HE SAID PARTIES OF THE FIRST
. . . .
PART, FOR THEMSELVES, THEIR HEIRS ,ALL AND SINGULAR THE HEREDITAMENTS ANU PREMISES HEREIN-
ABOVE DESCRIBED AND GRANTED OR MENTIONEO, AND INTENDED SO TO BE, WITH THE APPURTENANCES,
UNTO THE SAID PARTIES OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, AGAINST THE SAID PART-
IES OF THE FIRST PART AND THErR HEIRS AND AGAINST ALL ANDEVERY OTHER PERSON OR PERSONS WHOM-
SOEVER, LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF.
SHAll AND WilL, BY THESE PRESENTS, WARRANT AND FOREVER BEFEND.
IN WITNESS WHEREOF THE SAID PARTIES OF THE FIRST PART HAVE HEREUNTO SET THEIR HANUS
AND SEALS THE DAY ANU YEAR FIRST ABOVE WRITTEN.
SIGNEU, SEALED AND DELIVERED
IN THE PR':.SENCE OF
BRUCEE. BRUBAKER
KENNETH G. KIPI'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF UAUPHIN )SS.
ON THIS, THE 1ST UAY OF AUGUbT 1953, BEFORE ME A NOTARY PUBLIC IN AND FOR THE SAID
HELEN A. BRLllAKER
(SEAL)
(SEAL)
COUNTY AND STATE THE UNDERSIGNED OFFICER, PERSONALLY APPEARED BRUCE E. BRUBAKER AND HELEN A.
BRUBAKER, HIS WIFE, KNOWN TO ME (OR SATISFACTORilY PROVEN) TO BE THE PERSONS WHOSE NAMES
SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLE~GED THAT THEY EXECUTED THE sAME FOR THE
PURPOSE THEREIN CONTAINED.
IN WITNESS WHEIl~Of "J HEREUNTO SET MY HAND AND OFFICIAL SEAL.
KENNETH G. KIPP
NOTARY PUBLIC
o
MY C~ EXP JANUARY 7, 1957
I HEREBY CERTIFY THAT THE PRECISE RESIDENCE OF THE GRANTEe, IN THE WITHIN wEED, IS
151 WASHINGTON TERRACE, LEMOYNE,PA.
ROBERT L. MYERS JR.
ATTORNEY FOR GR~TEE
EG
------------------------------------------------------------------------ -----------------
NO. 27685
DEED
JOHN E. COFFEY'S TRUSTEE
TO
CHARLES L. COY
CONS. $1500.00
LOC. SHIPPENSBURG
DATED AUGUST 5' 1953
ENTD. AUGUST 7, 1953
TIME 2:34
THIS INDENTURE,
G
G MADE THE 5TH DAY OF ADGUST, 1953,
o BETWEEN J.B. HOCKERSMITH, TRUSTEE UNUER THE LAST WILL
o AND TESTAMENT OF JOHN E. COFFEY, LATE OF THE BOROUGH OF
SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, UECEASED,
I
PARTY OF THE FIRST PART,
I
G
o
WHEREAS, THE SAID JOHN E. COFFEY WAS SEIZED IN FEE,
I
AMONG OTHER LANUS, OF AND IN A'CERTAIN MESSUAGE OR TENEMENT
o
AND TRACT OF LAND,HEREINAfTER DESCRIBED, AND
WHEREAS, THE SAID JOHN E. COfFEY DEPARTED THIS LIFE THE
AND
CHARLES L. COY, OF THE BOROUGH OF SHIPPENSBURG, CUMB-
ERLAND COUNTY, PENNSYLVANIA, PARTY OF THE SECOND PART,
UNlT€Il STATES
1I1.b5
INTERNAl REVENUf
8-5-53
DOCUMENTARY
PEAii;A
15. RY ATT
8-7-53
STATE TAX
.11TH DAY OF JUNE, 1952, LEAVING A.EAST WILL AND TESTAMENT DATED
THE 25TH DAY OF MAY, 1950, AND DULY PROVED ANO REGISTERED IN THE
OFFICE OF THE REGISTER OF WillS IN AND fOR THE COUNTY OF CUMBER-
LAND, AND
WHEREAS, BY SAID AFOREMENTI~~ED LAST WILL AND TESTAMENT, THE SAID JOHN E. COFFEY, PRO-
VIDED INTER ALIA, ASFOLLOWS: "FIFTH. I GIVE AND DEVISE ALL OF MY REAL ESTATEI'MEREVER THE "
S~AEls SITUATED TO JOHN H. WENGER OF CHAMBERSBURG, R.D. 2, PA., ANU GEORGE E. WENGER OF
579 MONTGOMERY AVE.. CH~ERSBURG, PA., IN TRUST NEVERTHELESS, FOR THE FOLLOWING USES AND
PURPOSES:...(B)...AND I GIVE AND GRANT UNTO MY SAIO TRUSTEES FULL POWER AND AUTHORITY TO
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SELL ANY AND ALL OF SAID REAL ESTATE..... AND
WHEREAS. THE SAID JOHN H. WENGER AND GEORGE E. wENGER, HAVING RENOUNCED THE AFORESAID
TRUST IN PROCEEDINGS IN THE ORPHANS COURT OF CUMBERLANO COUNTY. PENNSYLVANIA. AND
WHEREAS. THE SA I 0 J.B. HOGKERSMI TH AND RICHARD R. WOl.FR IlA WERE APPOI NTED TRUSTEES UN OCR
THE WILL OF THE SAID JOHN E. COFFEY. BY ORDER OF THE SAID ORPHANS COURT ON MARCH 24, 1953, AND
WHEREAS. THE SAID RICHARD R. WOLFROM IS NOW DECEASED, LEAVING THE SAID J.B. HOCKERSMITH
AS SURVIVING TRUSTEE,
NON THIS INDENTURE WITNESSETH. THAT IN CONSIDERATION OF THE SUM OF ONE THOUSAND FIVE
HUNDRED ($1,500.00) DOLLARS. THE RECEipT WHEREOF IS HEREBY ACKNOWLEDGED, THE SAID J.B.
HOCKERSMITH, TRUSTEE, DOES HEREBY GRANT Al'() CONVEY TO THE SAID CHARLES L. COY. HIS HEIRS ANO
ASS IGNS ,
ALL OF THAT SAID LOT OF GROUND. WITH HUILDINGS ERECTED THEREON. SITUATED ON THE SOUTH
SlUE OF FCJlT"STREET IN THE BCROUGH Of SHIPPENSBLlW, CUMBERLAND COUNTY, PENNSYLVANIA, AND
BOUl'()ED Al'() DESCR IBED AS FOLLOWS, TO WI T:
ON HE NORTH BY HflT STREET; ON THE EAST BY LOT NOW OR FORMERLY OF JOHN HOSFELO: ON
P4BUC
THE SOUTH BY A FOURTEEN (14) FOOT PUBLIC ALLEY; AN\) ON THE WEST BY A TWELVE (12) FOOT/ALLEY
CONTAINING THIRTY (JO) FEET IN FRONT ON FORT STREET AND EXTENDING ONE HUNDRED AN\) SEVENTY
(170) FEtT, MORE CR LESS, TO SAID ALLEY IN THE'REAR,
BEING THE SAME PROPERTY WHICH JOHN HOSFELD AND WIFE BY THEIR DEED DATED THE 20 DAY OF
AUGUST, 1901 AND RECOflUED IN THE OFFICE FOR THE RECORDING OF DEEDS IN AND FOR CUMBERLAND
COUNTY. IN lJEElJ BOOK .F., VOL. 6, PAGE 249. CON>f:YED TO AUGUSTUS M, HYKAS; AND BEING THE
SAME PROPER~Y WHOCH GECJlGE I. HYKAS. ADMINISTRATOR OF HE ESTATE OF AUGUSTUS M. HYKAS, DE-
CEASED, BY DEW DATED JUNE 22. 1916"I\ND <IIjTENDED TO BE RECORDED, CONVEYED TO THE SAID JOHN
E. COFFEY, UECEASED.
TOGETHER WITH ALL AND SINGULAR THE REAL ESTATE. WAYS. WATERS, WATER-COURSES, RIGHTS,
LIBERTIES, PRIVILEGES, HEREDITAfJENTS AND APPURTENANCES 'WHATSOEVER THEREUNTO BELONGING, OR
IN ANYWISE APPERTAINING, AND THE REVERSIONS AND REMAINDERS, RENTS. ISSDES AND PROFITS THEREOF:
AND ALSO ALL THE ESTATE. RIGHT. TITLE, INTEREST, USE. TRUST, PROPERTY, POSSESSION. CLAIM
AND DEWAND wHATSOEVER OF THE SAID JOHN E. COn'EY AT AND I~EDIATELY BEF()f!E THE TIME OF HIS
DECEASE. IN LAW, EQUITY, OR OTHERWISE HOWSOEVER, OF. IN. TO OR OUT OF THE SAME:
TO HAVE AND TO HOLD THE SAID REAL ESTATE. HERED ITAMENTS AND PREMISES HEREBY GRANTED
AND RELEASED, OR MENT I ONEU AND INTENDED SO TO BE, WITH THE APPURTENANCES. DNTO THE SAID
CHARLES L. COY,HIS HEIRS AND ASSIGNS TO AND FOR THE ONLY PROPER USE AND BEHOOF OF THE SAIU
CHARLES L. COY, HIS HEIRS OR ASSIGNS FOREVER.
AND THE SAIU J.B. HOCKERSMITH, TRUSTEE AS AFORESAID. lJm:SHEREBY COVENANT,PROMISE AND
AGREE, TO AND WITH THE SAID CHARLES L. COY. HIS HEIRS AND ASSIGNS. BY THESE PRESENTS. THAT HE,
THE SAID J.B. HOCKERSMITH, TRUSTEE. HASNOT DONE, COMMITTED. OR KNOWINGLY OR WILLINGLY SUFFERED
TO BE UONE. OR COMMITTED, ANY ACT, MATTER OR THING WHATSOEVER, WHEREBY THE PREMISES HEREBY
GRANTED, OR ANY PART THEREOF. IS ARE. SHALL, OR .I!MY BE IMPEACHED, CHARGES. OR INCUMHERED.
IN TITLE, CHARGE.ESTATE. OR OTHERWISE HOWSOEVER.
IN WITNESS WHEREOF. THE SAID J.B. HOCKERSMliH, tRUSTEE AS AFORESAID. HAS HEREUNTO SET
HIS HANu AND SEAL. THE DAY AND YtAR FIRST ABOVE WRITTEN.
SEALED AND DELI VERED IN THE
PRESENCE OF
W.A. AUUAMS. JR.
J.B. HOCKERSMITH (SEAL)
TRUSTEE OF THE LAST WILL ANU TESTAMENT OF
JOHN E. COFFEY. OECEASED.
STATE OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND )
ON THE 5TH DAY Of AUGUST.1953, BEFORE ME, THE SUBSCRIBER, A NOTARY PUBLIC IN AND FOR
SAID STATE AND COUNTY. CAME THE ABOVE-NAMED J.B. HOC~ERSMITH. TRUSTEE. AND HE ACKNOWlEDGED
1THE ABOvE INDENTURE TO BE HIS ACT AND, DEED. AND uESIRED THE SAME MIGHT BE RECORDED AS SUCH,
(voId ~ c,. 1(1, 1 f.J~
VI. J)OI-Ortct If ~7
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:'lo.A.T-Y;.rtu~ D-S, Short. J'Drm, .Art 01 1109.
Jlenl"7 JltJl;. hl\~.. 1........ P..
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~reeb,
day of (]Jc U~
and sixty-five
in the year
MADE THE ~ I ij.
of our Lord one tlumaand nine hundred
lIETWEEN
DOROTIlY A. COY, Single wOMan, of the Boroup,h of Chambersburg,
County of Franklin, and State of Pennsylvania and THE FIRST
:-/ATI01IAL BANI( of Shippensburg, Guardian of Patsy Louise
.Coy, a !.:inor,
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Grantors ,
NOR.'IAN C. KOONTZ, JR. and DOROTHY ~I. KOONTZ, his ,dfe, of
the Borough of Shippensburr., County of Frahklin and State of
Pennsylvvnia
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'lTNESSETH, that in consideration of Seventeen Thousand ($17,000.00)
DollarB,
:~:!,:'G7t~P?ni?/ in hand paid, the receipt 1vhcreol is hereby acknowledged. the said grantrw S do hereby grant
Lf'::v:". t and convey to the aaid grantee s, ALL those. certain three adj oining lots,
;;:. . 5i tuate on t~\e South s ide of Eas t Fort Street in the Borou ~h of
::. ,.' Shipp ens burg . Cunbe rland . Count)', Pennsylvani a, bounded and"described.
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On the ~;orth by East Fort Street; on the East by property
fomerly of Chnrles E. \'Ieip.le, no>! Clifford J. Robinson; or.
the South by an alley; and on the \'iest by property forr.lerly
of I)Ugustus Ilylces, nou or formerly. Kathryn F. Coffey. The
ar~regate frontage of the three lots on Fort Street being One
Hundred me (101) feet and the <1epth to the alley in the rear
beinr: One Hundred Sixty (160) feet. There being a frame dwelling
house and other t>"provoments on the Eastern one of the said lots,
\1hich <1\1elling house \1aS built as a double clwelling and since
changod to a single d\1elling.
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RE!~G the Sa~e real estate which William E. Cr~ner and Ruth R. Cramer,
his wife, by deed dated Au[!Ust 20, 1949 nnd recorded in the office
for tho rocording of deed.s in and Ior the Count)' of CuMberland in
Peed Dook "1''', Vol. 14, Page 113 conveyed to Charles L. Coy 11ho
died fntestate on the 30th day of July,. 1953 leaving to survive hi",
a wiu0\1, Doroth)' A. Coy, to uhol:', descended a (me-third interest ill said
real estate,and fiVe children, to-wit: Charles R. Coy, Jackie L. Coy,
Shirley A. Shields, ",illiall. N. Coy and Patsy L. Coy to whom descended
a two-fifteenths interest each in said real estate. Charles Richard Coy
and Iielen L. Coy, his ,<ife, by deed dated the day of .. 1959
and recorded in Deed Book Vol. . Page , conveyed their
undivided interost in said real estate to Dorothy A. Coy. Jackie L. Coy,
Single, by deed dated the 17th day of Nover.lber, 1959 and recorded in ileed
Book Vel. , Page , conveyed his w:dividedintere:t in said
real estate to Dorothy A. Coy. Sherley C. Sh1elds (a/k/a Sh1rley A.
S,hields) and Harry C. Shields, her husband, by <:leed dated I.lay 2, 1964 and
recorded in Deed Book Vol: , Pa1;e , conveyed their undivided
interest in said real' estate to torothy A. Coy, and l'iilliam 11. Coy,
Single, by deed.' dated tho day of ,19.6 and recorded in
Deed !look Vol. " Page , conveyed hiS un'divided interest in
aaid real estate to DorothyA. Co)', thereby vesting a thirteen-fifteenths
undivided interest in s:lid real estate in Dorothy A. Coy, one of the
Grantors' herein. The First National Rank of Shil'pensburg '~as appointed
S~~61'~~'I~ i:J;?c/;::^'" ,''"'%::1
1% aul Estat. Trlnstu Tu ,'~.;,:d
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f,uaruian of the Estate of Patsy Louise Coy, a dnoT, on the 26th dav
or January, 1960, and on the 19th day of October, 1965"the First .
:::1tiori.~l Bnnk of. Shippenshur~ petitionecl the Orphans' Court of
Cu",berland Count)' for leave to conv~y the undivided interest of. Patsy.
L.o'\.lise.Co)~. On the 20th day of "()ctoh'cr, 1965, the 0rphnns' Court of
Cu",berlac,d County ordered and uecreed t:,at the First Xational Bank of
Shippcnsbul'r., Guardian of the Estate of Pat~y Louise Co)", be directed
to conveyed the t~o-fifteenths undivided interest of Patsy Louise Coy
to the Grantees herein.
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P'!T.
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
:NO.
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
AFFIDAVIT TO SUPPORT THE MOTION FOR PUBLICATION
1. There is no record of any conveyance for Charles L. Coy or his heirs in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania conveying the property in
question.
2. Charles L. Coy is deceased. His heirs as listed on Deed 21 Volume "U" Page 149 and named
above as Defendants cannot be located after a search of the following:
A. Records of the Office of the Register of Wills for Cumberland and Franklin Counties.
B. Records of the Office of the Recorder of Deeds for Cumberland and Franklin
Counties.
C. Telephone Directors for Cumberland and Franklin Counties.
3. A search on the Internet failed to provide any useful information on the Defendants.
Respectfully submitted
DUNCAN & HARTMAN, P.c.
----------
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 06-4989 CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
NOTICE OF PUBLICATION
TO: DOROTHY A COY, CHARLES R. COY, JACKIE L. COY, SffiRLEY A. SffiELDS,
WILLIAM N. COY, PATSY L. COY, THEIR HEIRS, EXECUTORS AND ASSIGNS
TAKE NOTICE that on the 28th day of August, 2006, Thomas D. Kligge and Janet F.
K1igge, husband and wife, filed their Complaint against the above-named Defendants in an
Action to Quiet Title docketed to No. 06-4989 CIVIL in the Court of Common Please of
Cumberland County, Pennsylvania with reference to a tract ofland in the Borough of
Shippensburg, Cumberland County, Pennsylvania, identified and known as follows:
All that certain lot of ground with the buildings erected thereon, situated on the South
side of Fort Street in the Borough of Ship pens burg, Cumberland County, Pennsylvania, bounded
and described as follows, to wit:
ON the North by Fort Street; on the East by lot now or formerly of John Hosfeld; on the
South by a fourteen (14) foot public alley; and on the West by a twelve (12) foot public alley.
CONTAINING Thirty (30) feet in from on Fort Street and extending one hundred seventy
(170) feet, more or less, to said alley in the rear.
SAID COMPLAINT requests the Court to decree that any and all rights of the
Defendants in the herein above described premises are released and/or extinguished. Further,
said Complaint requests the Court to declare that title to said premises shall be quieted and
confirmed in the Plaintiffs and the Plaintiffs alone, and further that the Plaintiffs be allowed to
enjoy said property without interference from the Defendants, their heirs and assigns or any other
persons.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OmCE SET FORTH
BELOW. TffiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE
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, PA 17013
Telephone: 717-249-3166
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
vs.
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
~
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNS YL V ANIA
:NO. O"-~1E9
CIVIL
: ACTION TO QUIET TITLE
ORDER FOR PUBLICATION
1"1
AND NOW this ~ day of So t..Q\L.W\\o to. ,2006, upon consideration of
the foregoing motion and attached Affidavit, the Plaintiffs are granted leave to make service of
the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in
the Cumberland Law Journal and once in one daily newspaper of general circulation in the
County of Cumberland, the said publication requiring the Defendants, their heirs and assigns, if
any, to plead to said Complaint within twenty (20) days from the date of the last appearance of
the publication.
BY THE COURT
J.
Vit<V/tl/\St'H{:7d
'W\'c'.....,.. '-"'''rlr'\
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IF;: I HJ~ s- d3S 900Z
A!:flflONOil./Odd 3Hl :10
:1:)1::1:10-0311:1
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 06-4989 CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
MOTION FOR JUDGMENT ON THE PLEADINGS
AND NOW, TO WIT, this 27th day of October, 2006, come the Plaintiffs by and through
their attorney, SUSAN J. HARTMAN, ESQUIRE, of Duncan & Hartman, P.C. and file the
following Motion:
1. The Plaintiffs filed an Action to Quiet Title on August 28, 2006, docketed as above-
captioned.
2. An Order for Service by Publication signed by the Honorable Judge M.L. Ebert, Jr.
was issued September 5, 2006.
3. Service by Publication was made in the following manner:
a. By publication in the Cumberland Law Journal on September 15,2005.
The Proof of Publication is attached hereto and incorporated herein by
reference.; and
b. By publication in the News-Chronicle on September 15,2006.
The Proof of Publication is attached hereto and incorporated herein by
reference.
4. The Defendants have failed to respond to the Complaint and thirty (30) days have
passed since the publication date.
WHEREFORE, the Plaintiffs, by their attorney, move this Honorable Court to enter
judgment in favor of the Plaintiffs and against the Defendants and grant the Plaintiffs the relief
prayed for in their Complaint, all in accordance with Pennsylvania Rule of Civil Procedure 1066.
Respectfully submitted
DUNCAN & HARTMAN, P.C.
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 06-4989 CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
AFFIDAVIT OF SERVICE
Susan J. Hartman, Esquire, being duly sworn according to law, deposes and says that:
1. She is the attorney for the Plaintiffs in the above-captioned action.
2. Motion for Publicaton was filed and an Order was issued to allow service by
Publication dated September 5, 2006. A copy of the Order is attached hereto
and incorporated herein by reference.
3. Publication was made through the Cumberland Law Journal on September 15,2006
(See attached Proof of Publication) in accordance with and Order for Publication
dated September 5, 2006 and Pennsylvania Rule of Civil Procedure 1066.
4. Publication was made through the News-Chronicle on September 15,2006
(See attached Proof of Publication) in accordance with and Order for Publication
dated September 5, 2006 and Pennsylvania Rule of Civil Procedure 1066.
DUNCAN & HARTMAN, P.c.
Sworn and subscribed to before
me this d1.}"day of October, 2006.
:sl~~{br?( fA;;l\1,^m~
No! Public.
NOTf'.R!l\L SEAL
'<3thy L. MUim:;i.:rt, Nc~,,"')' Public
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 0:(;- "'/7 ~' <:(
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
ORDER FOR PUBLICATION
AND NOW this M day of ~..J\ ~~ ,2006, upon consideration of
the foregoing motion and attached Affid~e Plaintlffs are granted leave to make service of
the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in
the Cumberland Law Journal and once in one daily newspaper of general circulation in the
County of Cumberland, the said publication requiring the Defendants, their heirs and assigns, if
any, to plead to said Complaint within twenty (20) days from the date of the last appearance of
the publication.
BY THE COURT
6ImL~,~
J.
~(J;
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
SSe
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that 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
September 15,2006
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.
ORNTO AND SUBSCRIBED before me this
15 day of September, 2006
rYf~~.J L. k-'ifd;-v
""""~~~',l~,';:""" ""',
CUMBERLAND LAW JOURNAL
ACTION TO QUIET TITLE
In the Court of Common Pleas
Cumberland County,
Pennsylvania.
NO.: 06-4989 CIVIL
THOMAS D. KLIGGE and JANET
F. KLIGGE, husband and wife,
PLAINTIFFS
vs.
DOROTHY A. COY, CHARLES R.
COY, JACKIE L. COY, SHIRLEY
A. SHIELDS, WILLIAM N. COY,
PATSY L. COY, THEIR HEIRS,
EXECUTORS AND ASSIGNS,
DEFENDANTS
NOTICE OF PUBLICATION
TO: DOROTHY A. COY, CHARLES
R. COY, JACKIE L. COY,
SHIRLEY A. SHIELDS, WILLIAM
N. COY, PATSY L. COY, THEIR
HEIRS, EXECUTORS AND AS-
SIGNS.
TAKE NOTICE that on August 28,
2006, Thomas D. KIigge and Janet
F. Kligge, husband and wife, filed
their Complaint against the above-
named Defendants in an Action to
Quiet Title docketed to No. 06-4989
CIVIL in the Court of Common Pleas
of Cumberland County, Pennsylva-
nia with reference to a tract of land
in the Borough of Shippensburg.
Cumberland County, Pennsylvania,
identified and known as follows:
All that certain lot of ground with
the buildings erected thereon, situ-
ated on the South side of Fort Street
in the Borough of Shippensburg,
Cumberland County, Pennsylvania,
bounded and described as follows,
to wit:
ON the North by Fort Street; on
the East by lot now or formerly of
John Hosfeld; on the South by a
fourteen (14) foot public alley; and
on the West by a twelve (12) foot
public alley.
CONTAINING Thirty (30) feet in
front on Fort Street and extending
one hundred seventy (170) feet,
more or less, to said alley in the
rear.
SAID COMPLAINT requests the
Court to decree that any and all
rights of the Defendants in the
herein above described premises
are released and/or extinguished.
Further, said Corn plaint requests the
Court to declare that title to said
premises shall be quieted and con-
firmed in the Plaintiffs and the Plain-
tiffs alone, and further that the
Plaintiffs be allowed to enjoy said
property without interference from
the Defendants, their heirs and as-
signs or any other persons.
NOTICE
You have been sued in court. If
you wish to defend against the claims
set forth in the following pages, you
must take action within twenty (20)
days after this complaint and no-
tice are served, by entering a writ-
ten appearance personally or by at-
tomey and filing in writing with the
court your defenses or objections
to the claims set forth against you.
You are warned that if you fail to do
so the case may proceed without
you and a judgment may be entered
against you by the court without
further notice for any money claimed
in the complaint or for any other
claim or relief requested by the plain-
tiff. You may lose money or prop-
erty or other rights important to you.
YOU SHOULD TAKE THIS PA-
PER TO YOUR IAWYER AT ONCE.
IF YOU DO NOT HAVE A IAWYER,
GO TO OR TELEPHONE THE OF-
3
CUMBERLAND LAW JOURNAL
FICE 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 LE-
GAL SERVICES TO ELIGIBLE PER-
SONS AT A REDUCED FEE OR NO
FEE.
Cumberland County
Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
Sept. 15
4
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
SSe
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that 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
September 15,2006
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.
ORNro AND SUBSCRIBED before me this
15 day of September, 2006
IAL SEAL
LOIS E. SNYDER. Notary Public
Carlisle 80ro, Cumberland County
My Commission Expires March 5, 2009
;..lII.'.IiII'EIIS..lrlIlIIlTV _ .
CUMBERLAND LAW JOURNAL
ACTION TO QUIET TITLE
In the Court of Common Pleas
Cumberland County,
Pennsylvania.
NO.: 06-4989 CIVIL
THOMAS D. KLIGGE and JANET
F. KLIGGE, husband and wife,
PLAINTIFFS
vs.
DOROTHY A. COY, CHARLES R.
COY, JACKIE L. COy, SHIRLEY
A. SHIELDS, WILLIAM N. COY,
PATSY L. COY, THEIR HEIRS,
EXECUTORS AND ASSIGNS,
DEFENDANTS
NOTICE OF PUBLICATION
TO: DOROTHY A. COy, CHARLES
R. COY, JACKIE L. COY,
SHIRLEY A. SHIELDS, WILLIAM
N. COY, PATSY L. COY, THEIR
HEIRS. EXECUTORS AND AS-
SIGNS.
TAKE NOTICE that on August 28,
2006, Thomas D. KIigge and Janet
F. Kligge, husband and wife, flied
their Complaint against the above-
named Defendants in an Action to
Quiet Title docketed to No. 06-4989
CIVIL in the Court of Common Pleas
of Cumberland County, Pennsylva-
nia with reference to a tract of land
in the Borough of Shippensburg,
Cumberland County, Pennsylvania,
identified and known as follows:
All that certain lot of ground with
the buildings erected thereon, situ-
ated on the South side of Fort Street
in the Borough of Shippensburg,
Cumberland County, Pennsylvania,
bounded and described as follows,
to wit:
ON the North by Fort Street; on
the East by lot now or formerly of
John Hosfeld; on the South by a
fourteen (14) foot public alley; and
on the West by a twelve (12) foot
public alley.
CONTAINING Thirty (30) feet in
front on Fort Street and extending
one hundred seventy (170) feet,
more or less, to said alley in the
rear.
SAID COMPLAINT requests the
Court to decree that any and all
rights of the Defendants in the
herein above described premises
are released and/or extinguished.
Further, said Complaint requests the
Court to declare that title to said
premises shall be quieted and con-
firmed in the Plaintiffs and the Plain-
tiffs alone, and further that the
Plaintiffs be allowed to enjoy said
property without interference from
the Defendants, their heirs and as-
signs or any other persons.
NOTICE
You have been sued in court. If
you wish to defend against the claims
set forth in the following pages, you
must take action within twenty (20)
days after this complaint and no-
tice are served, by entering a writ-
ten appearance personally or by at-
torney and filing in writing with the
court your defenses or objections
to the claims set forth against you.
You are warned that if you fail to do
so the case may proceed without
you and a judgment may be entered
against you by the court without
further notice for any money claimed
in the complaint or for any other
claim or relief requested by the plain-
tiff. You may lose money or prop-
erty or other rights important to you.
YOU SHOULD TAKE THIS PA-
PER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OF-
3
.
CUMBERLAND LAW JOURNAL
FICE 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 LE-
GAL SERVICES TO ELIGIBLE PER-
SONS AT A REDUCED FEE OR NO
FEE.
Cumberland County
Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
Sept. 15
4
. .
Proof of Publication of Notice in
The News-Chronicle
COUNTY OF CUMBERLAND
DUNCAN & HARTMAN, P.C.
COMMONWEALTH OF PENNSYLVANIA
Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Manager
of "The News-Chronicle," which is a bi-weekly newspaper of general circulation published in
Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing
Company, a corporation duly organized and existing under the laws of the Commonwealth
of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100),
Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf;
that the printed notice, advertisement of publication attached hereto is the same as was printed in
the regular editions and issues of "The News-Chronicle" on the following date(s)
September 15.2006
Copy of Notice of Publication
Affiant further deposes that neither she nor "The
News-Chronicle" and The Latrobe Printing and
Publishing Company have any interest in the subject
matters of the aforesaid notice or advertisement, and
that the facts set forth in the foregoing affidavit is
true and correct.
~~~~
.J Day of ey<.--\ ,2006
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Kristen L. Statler, Notary Public
Bedford Bore, Bedford County
My CommissiOn Expires Feb. 13.2010
Member, Pennsylllanla Atlllooillllof1 of Notaries
,JhAe'1,}f,M^c:
Notary Public
To: "The News-Chronicle"
Shippensburg, P A 17257
For publishing the notice attached hereto:
On the stated date( s) ................ $
Affidavit......................... .... .$
Total ................................. $
115.50
2.00
117.50
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NOTICE
you.............~~~19....~
claims set fOlthlri th8~~..._.adIoftWlh-
in twenty (20) days after this compIlIlnt Iftd 1'IOIic&..., by
entering a.wrlten appeataooe personaIYorby at\OCIIey an4.fiIng
in wrlting 'with. the courtyolll' defeI)IeI. or objecIlorl8 to the,-
set forth .-_you. .You are wanwd that if you fail to do..ttIe
case may prooeedwiltlOut you...iudgment may be 8l'liiIMd
againetyou '" ttIe oourt...... noliCJIror.", ~
ctamed in the compI8intor ror&nyoflerCf8imor'" ~
by the pIalntllf. You may klstnioney or ~ orQlher ,..
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO TIIE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
---------------------------------------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
(plaintiff)
VS.
DOROTHY A. COY, CHARLES R. COY,
JACKIE L. COY, SHIRLEY A. SHIELDS,
WILLIAM N. COY, PATSY L. COY,
the~r heirs, executors and ODefendan~ ACTION TO QUIET TITLE
asslgns
No. 06-4989
Term
1. State matter to be argued (i.e.. plaintifrs motion for new trial. defendant's demurrer to
complaint, etc.):
Plaintiff's Motion for Judgment on the Pleadings
2. Identify counsel who will argue cases:
(a) for plaintiff:
Susan J. Hartman. Esq., 1 Irvine Row, Carlisle, PA 17013
(Name and Address)
(b) for defendant:
none
(Name and Address)
3. I will notify all parties in writing within two days that th:j.s case has been listed for argument.
The parties were served the complaint by publication and cannot
be loeatcd
4. Argument Court Date:
January 24, 2006
/!~- ~~
~rure V
Print your name
Susan J. Hartman, Esq.
Date /'1;7/ot,
j
Attorney for
Plaintiffs
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2006-4989
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
PETITION FOR FINAL DECREE
TO THE HONORABLE JUDGES OF SAID COURT
ft.^-
NOW, this ;;;2--. day of January, 2007, comes Susan J. Hartman, Esquire, attorney for
the above-named Plaintiffs and respectfully represents that an Affidavit has been executed and is
attached hereto deposing and saying that a Complaint in the above-captioned Action to Quiet
Title, endorsed with Notice to Plead, has been served upon the Defendants by publication
pursuant to prior Order dated September 5,2006 of this Honorable Court and said Defendants
have not answered said Complaint, entered an appearance or initiated an action in ejectment
although the time to do so has expired.
WHEREFORE, the Plaintiffs move this Honorable Court to enter judgment in their favor
and against the Defendants and grant the Plaintiffs the relief prayed for in their Complaint in
accordance with Pa. R.C.P. 1066(a) and (b)(l).
Respectfully submitted,
L~'-J
/' Susan J. Hart , squi: :
Attorney ID 65184
1 Irvine Row, Carlisle, P A 17013
717.249.7780
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 06-4989 CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE 1. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY 1. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
AFFIDAVIT
Susan J. Hartman, Esquire, being duly sworn according to law, deposes and says that:
1. Motion for Publicaton was filed and an Order was issued to allow service by
Publication dated September 5, 2006. A copy of the Order is attached hereto
and incorporated herein by reference.
2. Publication was made through the Cumberland Law Journal on September 15, 2006
(See attached Proof of Publication) in accordance with and Order for Publication
dated September 5, 2006 and Pennsylvania Rule of Civil Procedure 1066.
3. Publication was made through the News-Chronicle on September 15,2006
(See attached Proof of Publication) in accordance with and Order for Publication
dated September 5, 2006 and Pennsylvania Rule of Civil Procedure 1066.
4. Twenty (20) days have elapsed since publication of the Notices in the Cumberland
Law Journal and The News-Chronicle.
5. No responsive pleading has been filed by any party to the Compalint, no appearances
have been entered and no action in ejectment has been inititated against Plaintiffs.
Sworn and subscribed to before
me this ~ay of January, 2007.
~~~~
. ot Pubhc
/s6~~
Attorney ill 65184
1 Irvine Row, Carlisle, PA 17013
717.249.7780
I NOTARIAL SEAL I
I Kathy L. Mummert, Notary Public j
iBorough of Carlis'~, CumbGrlend Co., Pt'.1
1M}' CiJmmt0':':)1 . AUf]. 11,2007 I
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 2006-4989
CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
TO: DOR()THY A COY, CHARLES R. COY, JACKIE L. COY, SIDRLEY A. SHIELDS,
WILLIAM N. COY, PATSY L. COY, THEIR HEIRS, EXECUTORS AND ASSIGNS
You are notified that an Order has been entered to No. 2006-4989 in the Court of Common Pleas
of Cumberland County, Pennsylvania on Directing that within thirty (30) days after
this publication you shall file an action in ejectment against the Plaintiffs or be forever barred
from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in
the plaintiff's complaint to the land here described:
All that certain lot of ground with buildings erected thereon, situated on the South side of
Fort Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, and bounded
and described as follows, to wit:
ON the North by Fort Street; on the East by lot now or formerly of John Hosfeld; on the
South by a fourteen (14) foot public alley; and on the West by a twelve (12) foot public alley.
CONTAINING thirty (30) feet in front on Fort Street and Extending one hundred seventy
(170) feet, more or less, to said alley in the rear.
Being part of Tax Parcel Number 32-33-1867-022
By Thomas Kline, Sheriff
Susan J. Hartman
Attorney for Plaintiff
1 Irvine Row
Carlisle, PAl 713
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
vs.
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0(:7- '/7 '8 '7
CIVIL
: ACTION TO QUIET TITLE
ORDER FOR PUBLICATION
AND NOW this ,/;'11. day of ~ ~h.er ,2006, upon consideration of
the foregoing motion and attached Affidavit, tfte Plaintiffs are granted leave to make service of
the above-captioned Complaint on the Defendants, their heirs and assigns, by publication once in
the Cumberland Law Journal and once in one daily newspaper of general circulation in the
County of Cumberland, the said publication requiring the Defendants, their heirs and assigns, if
any, to plead to said Complaint within twenty (20) days from the date of the last appearance of
the publication.
BY THE COURT
151 In ;;t. c:.-tLu.*., :f.
J.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law ~ deposes and says that 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
September 15,2006
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.
't/-
./'
S-WORNTO AND SUBSCRIBED before me this
15 day of September, 2006
~~L, ~ifr/w
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CUMBERLAND LAW JOURNAL
ACTION TO QUIET TITLE
In the Court of Common Pleas
Cumberland County,
Pennsylvania.
NO.: 06-4989 CML
THOMAS D. KLIGGE and JANET
F. KLIGGE, husband and wife,
PLAINTIFFS
vs.
DOROTIiY A. COY, CHARLES R.
COY. JACKIE L. COY, SHIRLEY
A. SHIELDS, WILLIAM N. COY,
PATSY L. COY, THEIR HEIRS.
EXECUTORS AND ASSIGNS,
DEFENDANTS
NOTICE OF PUBUCATION
TO: DOROTHY A. COY, CHARLES
R. COY, JACKIE L. COY,
SHIRLEY A. SHIELDS. WILLIAM
N. COy, PATSY L. COY, THEIR
HEIRS, EXECUTORS AND AS-
SIGNS.
TAKE NOTICE that on August 28,
2006, Thomas D. Kligge and Janet
F. Kligge. husband and wife, filed
their Complaint against the above-
named Defendants in an Action to
Quiet Title docketed to No. 06-4989
CML in the Court of Common Pleas
of Cumberland County. Pennsylva-
nia with reference to a tract of Iand
in the Borough of Shippensburg.
Cumberland County, Pennsylvania,
identified and known as follows:
All that certain lot of ground with
the buildings erected thereon. situ-
ated on the South side of Fort Street
in the Borough of Shippensburg,
Cumberland County, Pennsylvania,
bounded and described as follows.
to wit:
ON the North by Fort Street; on
the East by lot now or formerly of
John Hosfeld; on the South by a
fourteen (14) foot public alley; and
on the West by a twelve (12) foot
public alley.
CONTAINING Thirty (30) feet in
front on Fort Street and extending
one hundred seventy (170) feet,
more or less. to said alley in the
rear.
SAID COMPl.AINT requests the
Court to decree that any and all
rlgh ts of the Defendants in the
herein above described premises
are released and/or extinguished.
Further, said Complaint requests the
Court to declare that title to said
premises shall be quieted and con-
finned in the Plaintiff's and the Plain-
tiffs alone, and further that the
Plaintiffs be allowed to enjoy said
property Without interference from
the Defendants, their heirs and as-
signs or any other persons.
NOTICE
You have been sued in court. If
you wish to defend against the claims
set forth in the follOwing pages, you
must take action within twenty (20)
days after this complaint and no-
tice are served. by entering a writ-
ten appearance personally or by at-
tomey and filing in writing with the
court your defenses or objections
to the claims set forth against you.
You are warned that if you fail to do
so the case may proceed without
you and a judgment may be entered
against you by the court without
further notice for any money claimed
in the complaint or for any other
claim or relief requested by the plain-
tiff. You may lose money or prop-
erty or other rights important to you.
YOU SHOULD TAKE THIS PA-
PER TO YOUR IAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OF-
3
CUMBERLAND LAW JOURNAL
FICE 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 LE-
GAL SERVICES TO ELIGIBLE PER-
SONS AT A REDUCED FEE OR NO
FEE.
Cumberland County .
Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
Sept. 15
4
.. I . ..
Proof of Publication of Notice in
.
The News-Chronicle
COUNTY OF CUMBERLAND
DUNCAN & HARTMAN, P.C.
COMMONWEALTH OF PENNSYL VANIA
Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Manager
of "The News-Chronicle," which is a bi-weekly newspaper of general circulation published in
Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing
Company, a corporation duly organized and existing under the laws of the Commonwealth
of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100),
Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf;
that the printed notice, advertisement of publication attached hereto is the same as was printed in
the regular editions and issues of "The News-Chronicle" on the following date(s)
September 15.2006
Affiant further deposes that neither she nor "The
News-Chronicle" and The Latrobe Printing and
Publishing Company have any interest in the subject
matters of the aforesaid notice or advertisement, and
that the facts set forth in the foregoing affidavit is
true and correct.
"_k._~
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Kristen L. Statler, Notary Public
Bedford Boro, Sedford County
My Commission Expitll Feb. 13, 2010
Member, Pennsylvllnla A'illDDillllorl gf Notaries
IJ .
'f-V..... .Jl-e "1
~f O. L4
vl)...'oJkLm......'':....
Notary Public
To: "The News-Chronicle"
Shippensburg, P A 17257
For publishing the notice attached hereto:
On the stated date(s) ...... .......... $
Affidavit... ... ...... ... .............. .$
Total................................. $
115.50
2.00
117.50
Copy of Notice of Public4itt1on
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
vs.
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. ;}.O!:>G. -'f"t 19 CIVIL
: ACTION TO QUIET TITLE
PRAECIPE
To The Prothonotary
Please withdraw the Motion for Judgment on the Pleadings on the above captioned matter
filed October 27,2006 and remove it from the Argument List. Thank you.
DUNCAN & HARTMAN, P.c.
Susan J. Hart
Attorney ID 65184
1 Irvine Row, Carlisle, P A 17013
717.249.7780
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. ,;:k) oC:, -- '/92<1 CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
DECREE OF COURT
1\6
NOW THIS 1:.- day of 1~",,~()..~'1_' 2007, an affidavit of service of the
Complaint with Notice to Plead being attached hereto and no answer having been made by the
Defendants, and upon consideration of the foregoing Petition and upon motion of Susan J.
Hartman, Esquire Attorney for Plaintiffs,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that title to the premises that
is subject of this action is hereby vested in the plaintiffs, said tract more particularly described as
follows:
All that certain lot of ground with buildings erected thereon, situated on the South side of
Fort Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, and bounded
and described as follows, to wit:
ON the North by Fort Street; on the East by lot now or formerly of John Hosfeld; on the
South by a fourteen (14) foot public alley; and on the West by a twelve (12) foot public alley.
CONTAINING thirty (30) feet in front on Fort Street and Extending one hundred seventy
(170) feet, more or less, to said alley in the rear.
Being part of Tax Parcel Number 32-33-1867-022
IT IS FURTHER ORDERED AND DECREED that each of the Defendants be forever
barred from asserting any right, lien, title or interest in or to the herein described parcel of land
inconsistent with the interest and claims of the Plaintiffs' title to said land; from 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 Plaintiffs for recovery
of the same ~thin thirty (30) days.
BY THE COURT,
J.
IJ
~o :8 S- N'Jf LOOZ
. -
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
vs.
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAMN. COY, PATSYL. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
Sir,
: IN THE COURT OF COMMON PEAS
: CUMBERLAND COUNTY, PENN YL VANIA
: NO. 06-4989 CIVIL
: ACTION TO QUIET TITLE
PRAECIPE
Enter on Appearance Docket and on Decree a notation that the Defendants fa led to take
action directed in the last advertisement within the time therein limited; and transmi to the
Recorder of Deeds a certified copy of the Decree containing the notation above desc ibed.
DUNCAN & HARTMAN, P. .
--,
.,
-'"
THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PEAS
: CUMBERLAND COUNTY, PE SYLVANIA
vs.
: NO. 06-4989 CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
AFFIDA VIT
Susan J. Hartman, Esquire, being duly sworn according to law, deposes and
I. A Decree of Court was entered on the above-captioned matter on Janua 2,
2007, requiring the Defendants to file an action of ejectment.
2. Publication was made through the Cumberland Law Journal on January 1 ,2007
(See attached Proof of Publication) in accordance Pennsylvania Rule of ivil'
Procedure 1066.
3. Publication was made through the News-Chronicle on January 9.2007
(See attached Proof of Publication) in accordance with Pennsylvania Rule of Civil
Procedure 1066.
4. Thirty (30) days have elapsed since publication of the Notices in the Cum erland
Law Journal and The News-Chronicle.
5. No responsive pleading has been filed by any party to the Complaint, no a pearances
have been entered and no action in ejectment has been initiated against PI . ntiffs.
Sworn and subscribed to before
me this ~day of February, 2007.
(,(~o1 rnJJ-WV;~
ot ry Public
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Susan J. Hart ,
Attorney ID 6518 I
1 Irvine Row, Carlisle, PA 17013
717.249.7780
f NOTARIAL SEAL
I Kathy L. Mummert, Notary Public
I Borough of Carlisle, Cumberland Co, ;~
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My Commission ")(P;:.'=-~ __~:_~ ::"':
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of th County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cu berland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and S te aforesaid,
was established January 2, 1952, and designated by the local courts as the fficial legal
periodical for the publication of all legal notices, and has, since January 2, 1952, b en regularly
issued weekly in the said County, and that the printed notice or publication attac ed hereto is
exactly the same as was printed in the regular editions and issues of the said Cu erland Law
Journal on the following dates,
Viz
January 12,2007
Affiant further deposes that he is authorized to verify this statement by the umberland
Law Journal, a legal periodical of general circulation, and that he is not interested i the subject
matter of the aforesaid notice or advertisement, and that all allegations in th foregoing
statements as to time, place and character of publication are true.
-
SWORN TO AND SUBSCRIBED befor me this
12 day of January, 2007
NOT AR AL SEAL
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5. 2009
.~
Proof of Publication of Notice in
The News-Chronicle
COUNTY OF CUMBERLAND
DUNCAN & HARTMAN/COMMO PLEAS
COMMONWEALTH OF PENNSYLVANIA
Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Man ger
of "The News-Chronicle," which is a bi-weekly newspaper of general circulation publish din
Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and PubJ'shing
Company, a corporation duly organized and existing under the laws of the Commonwealth
of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 1 0),
Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its b half;
that the printed notice, advertisement of publication attached hereto is the same as was prin ed in
the regular editions and issues of "The News-Chronicle" on the following date(s)
January 09. 2007
Affiant further deposes that neither she nor "The
News-Chronicle" and The Latrobe Printing and
Publishing Company have any interest in the subject
matters of the aforesaid notice or advertisement, and
that the facts set forth in the foregoing affidavit is
true and correct.
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S~ and SubSC~nd before me th)i~
~Day of J\JtG-:VO ,20C? 7
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Kristen L. Statler, Notary Public
Bedford Bore, Bedford County
My Commission Expires Feb. 13,2010
Member, Pennsylvania Association of Notaries
J{l<1:17 rA ~,-Si-dtk
Notary Public
To: "The News-Chronicle"
Shippensburg, P A 17257
For publishing the notice attached hereto:
On the stated date(s) ................ $
Affidavit..... .. .. ...... . .. '" ........ .$
Total.. . ... . .. . " . .. . . . ... . .. .. . . .. . .. $
74.50
2.00
76.50
Copy of Notice of P blication
LEGAL NO ICE
THOMAS D. KLIGGE and JANET E. IGGE, husband and wife ·
PLAINTIFFS
vs.
.
DOROTHY A COY CHARLES R. OY, JACKIE L. COY, SHIR.,
LEY A. SHIELDS,' WILLIAM N. C Y, PATSY L. COY, THEIR
HEIRS, EXECUTORS AND ASSIGN
DEFENDANTS
IN THE COURT OF COMMON PL AS CUMBERLAND COUN-,
1Y, PENNSYLVANIA
, '
NO. 2006-4989
CIVIL
,
I
J
AC ON TO QUIET TITLE
TO' DOROTHY A.COY, CHARLE R. COY, JACKIE L. cot:
SH'IRLEY A. SHIELDS, WILLlA N. COY, PATSY L. CO..",
THEIR HEIRS, EXECUTORS AND A SIGNS
You are notified that an Order has entered to No. 2006-498~ :
th Court of Common Pleas of Cu berland County, pennsy v "
n~ on January 2, 2007 directing at w~hin .thirty (30) days aft~
this publication you shall file ana tion In ejectment ag~lOst::
Plaintiffs or be forever barred fro asserting ~ny right, I~~, th
or interest inconsistent with the In res~ or .clalm set fort In e
plaintiff's complaint to the land here scribed. .
All that certain lot of ground with ildin~s erected the~~,s~~;
ated on the South side of Fort S feet to t~e 80roug ~ anij
pensburg, Cumberland ~ounty, P nsylvama, and bOu
described as follows, to wit:
ON the North by Fort Street; on t e East by lot now or fo:e~
of John Hosfeld; on the South by fourtee~ (14) foot pu IC ~_
ley; and on the West by a twelve (12 foot publIC alley.
.
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THOMAS D. KLIGGE and
JANET F. KLIGGE, husband and wife
PLAINTIFFS
: IN THE COURT OF COMMON PLE S
: CUMBERLAND COUNTY, PENNS LV ANIA
vs.
: NO. ~ oC:, -. i'12~ CIVIL
DOROTHY A. COY, CHARLES R. COY
JACKIE L. COY, SHIRLEY A. SHIELDS
WILLIAM N. COY, PATSY L. COY,
THEIR HEIRS, EXECUTORS
AND ASSIGNS
DEFENDANTS
: ACTION TO QUIET TITLE
DECREE OF COURT
y\6
NOW THIS ~ day of 11),,~-J{)"~~ ' 2007, an affidavit ofservic of the
Complaint with Notice to Plead being attached hereto and no answer having been m de by the
Defendants, and upon consideration of the foregoing Petition and upon motion of S an J.
Hartman, Esquire Attorney for Plaintiffs,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that title to the remises that
is subject of this action is hereby vested in the plaintiffs, said tract more particularly escribed as
follows:
All that certain lot of ground with buildings erected thereon, situated on the outh side of
Fort Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, and bounded
and described as follows, to wit:
ON the North by Fort Street; on the East by lot now or formerly of John Hos eld; on the
South by a fourteen (14) foot public alley; and on the West by a twelve (12) foot pu lic alley.
CONTAINING thirty (30) feet in front on Fort Street and Extending one hu dred seventy
(170) feet, more or less, to said alley in the rear.
Being part of Tax Parcel Number 32-33-1867-022
IT IS FURTHER ORDERED AND DECREED that each of the Defendants e forever
barred from asserting any right, lien, title or interest in or to the herein described pa cel of land
inconsistent with the interest and claims of the Plaintiffs' title to said land; from iss ing or
maintaining any action attacking the same, or from encumbering, mortgaging or con
same, or any part thereof, unless an action of ejectment is filed against the Plaintiffs
of the same ~thin thirty (30) days.
eying the
r recovery
BY THE COURT,
J.
February 12, 200'f, l'l:'-.::2. J""~nt is hereby entered in
D2fendants purst4ant to PA R.C.P. ~~'lpl\lo. 1066 & Local
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