HomeMy WebLinkAbout06-5597
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH HOME, INC. trading and
doing business as Messiah Village,
Plaintiff
vs.
NO.Ol- - ~~7 (!,u;f,~
JOHN DOE,
and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title,
Defendants
CIVIL ACTION - LAW
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
HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A
LAWYER.
109195
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyers Reference Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMAND ADO/ A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n
dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y
A visa radicando personalmente 0 por medio de un abogado una comparecencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se Ie advierte de que si usted falIa de tomar acci6n
como se describe anteriormente, el caso puede proceder sin usted y un falIo por
cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIAT AMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Lawyers Reference Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(717) 249-3166
109195
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH HOME, INC. trading and
doing business as Messiah Village,
Plaintiff
vs.
n -. ,1 f.IA-...
NO. c!Jt..56'97 ~
JOHN DOE, and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title,
Defendants
CIVIL ACTION - LAW
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
AND, NOW, COMES, the Plaintiff, Messiah Home, Inc. trading and doing
business as Messiah Village, by and through its attorneys, Latsha Davis Y ohe &
McKenna, P.c., and files the within complaint seeking to quiet title to certain property
in accordance with Pennsylvania Rule of Civil Procedure 1061(2), and in support
thereof, avers as follows:
109195
1. Plaintiff, Messiah Home, Inc. trading and doing business as Messiah
Village ("Messiah"), is a Pennsylvania nonprofit corporation, with its principal place of
business located at 100 Mt. Allen Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Defendants are" all persons unknown, claiming any legal or equitable
right, title, estate, lien, or interest in the property described in the complaint adverse to
Plaintiff's title, or any cloud on Plaintiff's title" and are unknown to Messiah. These
unknown Defendants may claim some right, title, estate or interest in the real property
described herein. The names, capacities and relationships of the unknown Defendants
will be alleged by amendment to this complaint when they are known.
3. Messiah has been in possession and control of certain real property
consisting of approximately .925 acres located in Upper Allen Township,
Mechanicsburg, Cumberland County, Pennsylvania, since 1975 (herein "Parcel A").
Parcel A is more specifically described in the legal description and the drawing attached
hereto as Exhibit" A" and incorporated herein by reference.
4. For more than twenty-one years, Messiah believed all rights, title, and
interests of Parcel A belonged to Messiah.
5. Upon retaining the services of RGS Associates to develop certain areas of
property also owned by Messiah and adjacent to and including Parcel A, Messiah
became aware that there could be some doubt as to the true and correct ownership of
Parcel A.
109195
2
6. In an effort to determine the true and correct ownership of Parcel A,
Messiah directly or indirectly retained the services of a surveyor, title searcher, and
legal counsel.
7. Messiah has found inconsistent references in recorded documents that
Parcel A was at one time owned or possessed by Mechanicsburg Gas & Water
Company.
8. Messiah is unable to obtain evidence of the actual ownership of Parcel A
by Mechanicsburg Gas & Water Company or any other party.
9. Messiah obtained fee simple title to certain real property contiguous with
the southern boundary line of Parcel A by a Deed from Joseph H. Hess and Ruth F.
Hess, husband and wife ("Hess Grantor"), dated December 31, 1975, and recorded in
Deed Book K26, Page 22 in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, on January 2, 1976, herein identified as tax parcel 42-27-1888-76A (herein
"Parcel B"). Parcel B is more particularly depicted on the drawing attached hereto as
Exhibit "B" and incorporated herein by reference. Said Deed is attached hereto as
Exhibit "B" and incorporated herein by reference.
10. Hess Grantor has not been identified as a defendant in this quiet title
action, as Hess Grantor conveyed all of the estate and its right, title, interest, use,
possession, and property of Parcel B to Messiah as evidenced in Exhibit "B".
11. Messiah obtained fee simple title to certain real property contiguous with
the eastern boundary line of Parcel A by a Deed from James R. Shelley and Beth M.
Shelley, husband and wife, and Dallas L. Shelley and M. Faye Shelley, husband and
109195
3
wife, ("Shelley Grantors") dated July 19, 2005, and recorded in Book 269, page 4928 in
the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, on July 19,
2005, known as 12 Mt. Allen Drive, Upper Allen Township, Mechanicsburg, identified
as tax parcel 42-27-1888-78 (herein "Parcel C"). Parcel C is more particularly depicted
on the drawing attached hereto as Exhibit "C" and incorporated herein by reference.
Said Deed is attached hereto as Exhibit "C" and incorporated herein by reference.
12. The Shelley Grantors have not been identified as Defendants in this quiet
title action, as the Shelley Grantors conveyed all of the estate and its right, title, interest,
use, possession and property of Parcel C to Messiah as evidenced in Exhibit "C".
13. Rettew Associates, Inc., in preparing a Boundary and Topographic Survey
for Messiah, was unable to plot Messiah's entire property which should include Parcel
A from the legal descriptions in the Deeds identified as Exhibits Band C.
14. Parcel A is an isolated area bordered by the right of way of the
Commonwealth of Pennsylvania, Department of Transportation along Route 15 and
otherwise completely surrounded by property unquestionably owned by Messiah.
15. Plaintiff seeks to quiet title to Parcel A.
16. In the alternative, Messiah pleads that it obtained possession of Parcel A
through adverse possession as Messiah has been in open, exclusive, and actual
possession of Parcel A for more than 21 years.
WHEREFORE, Plaintiff requests:
(a) Defendants be required to set forth each and every claim they may assert
to Parcel A;
109195
4
(b) for a declaration and determination that Plaintiff is the rightful holder of
title to Parcel A;
(c) Defendants be adjudged to have no right, title, estate, lien, or interest in or
to the Parcel A;
(d) for a judgment forever enjoining the Defendants and each of them from
claiming any estate, right, title, lien, or interest in Parcel A;
(e) Plaintiff's title in and to Parcel A be quieted; and
(f) The court grant such other an further relief as this court may deem just
and proper.
Respectfully submitted,
LATSHA DAVIS YOHE & McKENNA, P.c.
By: ~?\lio
Glenn R. Davis, Esq.
Supreme Court ID No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, P A 17050
(717) 620-2424
Attorneys for Plaintiff, Messiah Home, Inc.
trading and doing business as Messiah Village
109195
5
VERIFICATION
The undersigned hereby verifies that the statements made in the foregoing
Complaint to Quiet Title to Real Property are true and correct to the best of my
knowledge, information and belief. I understand that false statements made therein are
subject to the penalties of 18 Pa. c.s. 9 4904 relating to unsworn verification to
authorities.
~~
Carl Ginder
Date: 9.... /S'-- 2p~
109195
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ALL that certain piece, parcel, or lot ofland situate on the southern side of U.S. Route 15
in Upper Allen Township, Cumberland County, Pennsylvania, and being more fully bound and
described as follows:
BEGINNING at a rebar at the southwest corner of Messiah Homes, Inc., formerly of
James R. & Beth M. Shelley; thence along the northerly line of other lands of Messiah Homes,
Inc., formerly of the Cumberland County Industrial Development Authority S 56026' 13" W a
distance of275.66 feet to a point at a corner of the limited access right-of-way line of U.S. Route
15; thence along said line S 56026'13" W a distance of 103.42 feet to a point; thence continuing
along same N 26023'51" E a distance of 424.78 feet to a point at the northwest corner of said
lands of Messiah Homes, Inc., formerly of James R. & Beth M. Shelley; thence along said lands
S 36037'17" E a distance of212.95 feet to a rebar, the point of BEGINNING.
CONTAINING 0.925 acres.
109346
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of t1fIILqrd,_~........ seventy-five (1975).
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BBTWEBN
JOSEPH H. HESS and'RUTH t. IlESS. his wife7
of Upper Allen Township. CUmberland County.
PelU16ylvania. parties of the first part.
hereinafter called the
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MESSIAH HOME. INC.. a corporation organized and
existing under the laws. of the Commonwealth of
pl!OIU5ylvania, party of the second part:. hereinafter
called the
GnIftU,
WITNESSETB, ~ in ~ of 1:he sum of Four Hundred Twelve
Seven Hundred Eighty-one and 25/100 ($412.7Bl.25) - - ~ - - -
in kn4 paUl, '1M ~cdpt 'II11wreof iI her,b GdmotDltstlged, U&c nil Q1'GtIlcws do
aM t:If1Af1tfJ1 to 1M .w: '~tCe , its successors and assigns,
ALL that certain tract of land situated in 1:he Township of Upper Allen.
County of CUlnbc:l:'lond and Commonwealth of Fennsylvllnia. more partlcmla:l:'ly
bounded and described as follows. to wit;
Thousand
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BEGINNING at II point in the center of !it. Allen Drive at the corner of
lands of Mervin R. Miller; thence along the center line of said Ht. Mlen
Drive, South 31 degrees 45 minutes East. a distance of one thousand three
hundred ninety-nine aod twenty one-hundredths (1.399.20) feet to a point in
the same at corner of Mt. Allen Heights SUbdivision (plan Book 11, Foge 58);
thence along the latter Subdivision and along two (2) other subdivisions, to
wit.: Mt. Allen neights .Sub~Yision (plan . Book l57 Page 24) and Spring Run
ACres SubdiVision (plan Book 20, Page B7) on a course hl;lving a bearing of
South 57 degrees l~; minutes West. the following two (2) distances; (1)
thirty (30) feet to a monument on the western dedicated right-oi-way line
of Mt. Allen D~ive; and (2) one thousand five hundred ninety and four 000-
hundredths (1.590.011) feet to a mQl1\unent on the eilstern 1ine of il th:irty-fee't
wide sewer easement at other lands of the Grantors heJ:"ein of which the tract
herein described was formerly a part; thence along said otho.r remaining lands
of tlle GJ:"antors herein on a course having a bearing of North 25 dCgJ:"Ces 11
minutes 50 seconds We$t. the following two (2) distances: (1) one thousand
one hundred seventy-three and ninety-five one-hundredths (1,173.95) feet to
a monument on the southern legal right-of-way line of ~gislative Route 123
(0. s. Route 15). said monument also being located on the no:t'thern side of
a thirty-feet wide utility easement; and (2) one hundred and thirty-seven
.one-hundredths(lOO.3~feet to a point in the center of Legislative Route
123 (lI. .S. Route lS); thence along the centur line of said Legislative
Route 123 (U. S. Route l5), North 27 degrees 57 minutes 40 seconds East.
a distance of two hundred eighty and eighty-five one-hunpredths (280.85)
feet to a point in the same at li,ne of lands of Harold C. Hein; thence
along said lands of Harold c. Hein and Mervin R. Hill~r' on a course having a
bearing of North 57 degrees 59 minutes 10.second5 East. the following three
(3) distances: (1) two hundred forty-nine and eighty-one one-hundredths
(2lJ.9.81) feet to a monument on the southern legal right-of~way line of
Legislative Route, 123' (\1. 5 Route lS). said monument also being l~ated
on the northern side of a thirty-feet 1dde utili. ty easement; (2) nine
hundred eighty-two and twenty-fGUl' one-hundredths (982.24) feet to a monu-
ment on the wti!stern dedicated right-of-way line of Mt. Allen Drive fil'&'t:
mentioned above; and (3) 'thirty (30) feet 'to a point in the centet.' of said,
Mt. Allen Drive, :the point and place of BEGINNING.
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CONtAINING forty-nine and one hundred eighty-seven one-thousandths
(49.187) acres of land (of which ,two and twelve one-thousandths (2.012)
acres of ' land are subject to the aggregate rights-of...way widths of Mt.
Allen Drive and Legislative Route 123.) ,
BElNG Lot No. - 2 as shown on sheet 2 of 2 sheets of a final sUbdivis.1on
plan of Joseph H. &n4 Ruth F. Hess ,dated July 31, 1975,,' revis~a' September 3.
1975. 'and recorded in the Office of the Re~order of Deeds in and for
Cwnberland County, Pexmsylvan1a. in plan Book ,~1 . Page ..51 .
BEING a portion of that certa1n larger premises which .Jonas H. Zimnerman,
widower. by his deed dated June 30, 1952. and recorded in the Recorder's
Office aforesaid in Deed Book ".8", Volume 15, Page 78, granted and conveyed
unto Joseph H. Hess and Ruth F. Hess. his wife, the, Grantors here:in.
11lc above c;1escribed tract of land is granted and conveyed under and
subject, neverthelass. to the following matters:
(1) 'l'he right-of-way in favor of the Commonweal:tb of Pennsylvania
for highway pu:rposes with respec1; to Legis'lative Route 123 (IJ. S. RDu1:e
15) as mot'e pa:rti.~ularly shown on the subdivision plan aforesaid.
. (2) ~le right-of-way in favor of theTownship of Upper Allen for
highway purposes with respect to Mt. Allon Drive as more particularly
shown on tile subdivision plan aforesaid.
(3) A right-of-way and easement in favor of the Totmship of Upper
Allen for ..anitary sewer purposes being thirty (3q) feet in width as
,more particularly located and shown on the subdivision plan aforesaid.
(lI-) A right-of-way and 'easement in favor of lower and upper riparian
owners, including 'the Grant~s herein. thei:t' heirs and assigns, and the
Township of Upper Allen for, drainage pUl"poses being thirty (30) feet in
width as more parti~ularly located and shown on 'the subdivision plan
, aforesaid.
(5) A right-of-way IUld easement 1n favor 'of the Grantors herein,
their heirs and a:5signs. haVing a width of thirty (30) feet for the
purposes of installing. constructing, maintaining, ;repairing and
replacing underground. utilities. including but not limited to e1ec1:J.'ical
and telephone wires and. water pipes. mains and lines, together with the
rights in ingress, egress and, regress for the &:fore'said purposes. wi1:hin
the l1ntl.ts of 'the SCUJll! ~long the northern line of the premise's hereby
conveyed as more parti~ular1y located and. shown on the subdivision plan
aforesaid, said right-af-way and easement hereby being reserved by the
Grantors unto themselvas, their heirs and assigns.
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eM ~ t;fflccr. ~ GI.P'J*W8CI JOSEPlI H. HESS and RUm: F. HESS.
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DEED
lOOS JUL 19 PM Z LiS
Tax Parcel No.: 42-27-1888...078
THIS INDENTURE, made on this
~ -t
19 day of J....t. '1
,
, 2005, by and
between JAMES R. SHELLEY AND BETH M. SHELLEY, adult individuals, husband and
wife, and DALLAS L. SHELLEY AND M. FAYE SHELLEY, adult individuals, husband
and wife, the "Grantors" herein.
AND
MESSIAH VILLAGE, a Pennsylvania nonprofit corporation, the "Grantee" herein.
WITNESSETH, that the Grantors, for and in consideration of the sum of Three
Hundred Thousand ($300,000.00) Dollars, lawful money of the United States of America,
unto the Grantors well and truly paid and delivered by the Grantee at and before the
sealing and delivery of these presents, the receipt whereof the Grantors do hereby
acknowledge, have granted, bargained, 'soldi released and confirmed, and by these presents
do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the Grantee, its
successors andj or assigns that piece or parcel of land with the improvements thereon
erected, described in Exhibit 1/ A" attached hereto, hereby incorporated by reference as if
herein fully set forth verbatim, and hereby made and to be deemed an integral part hereof.
TOGETHER with, all and singular, the buildings and structures thereon, and the
improvements, ways, streets, alleys, passages, water, water-courses, rights, liberties,
privileges, hereditaments and appurtenances, whatsoever unto the hereby granted
premises belonging, or in any wise appertaining, and the reversions, remainders, rents,
issues and profits thereof; and all of the estate, right, title, interest, property, claim and
demand whatsoever of the Grantors, at law and in equity, of, in and to the same.
99967
eoo~ 269 PAC~ 4928
1
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TO HAVE AND TO HOLD the said land and real estate, with the messuage or
tenements thereon, and the hereditaments and premises hereby granted, or mentioned and
intended so to be, with the appurtenances, unto the Grantee, its successors and assigns, to
and for the only proper use and behoove of the Grantee, its successors and assigns.
AND the Grantors, for themselves and their heirs, executors and administrators, by
these presents, do covenant; promise and agree to and with the Grantee, its successors and
assigns, that the Grantors and the heirs of the Grantors, all and singular the hereditaments
and premises hereby granted, or mentioned and intended so to be, with the appurtenances,
unto the Grantee and its successors and assigns, against the Grantors and the heirs of the
Grantors, and against all and every person and persons whomsoever lawfully claiming or
to claim the same or any part thereof, by, from or under it, him, her, them, or any of them,
shall and will, specially warrant and defend.
IN WITNESS WHEREOF, the Grantors, intending to be legally bound hereby, have
caused this Indenture to be duly executed on this day, month and year first above written.
WITNESS:
a~ cl it{/f
Jart<esR. Shelly ,
~ /Jt-~
Beth M. Shelly
WL/~
Dallas L. Shelly
~ ~ JM,fr
M. Fay h~lly
99967
2
eOOK 269 ~AGf4929
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C-u.n'\buVtnA
On this Iqti day of :h.lLJu_' 2005, before me, the undersigned officer, in and
for the said State and County ~ppeared James R. Shelly and Beth M. Shelly,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within Indenture, and who acknowledged that they executed the same for the purposes
therein contained.
55.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this day,
month and year first above written.
Notary Public
J'H OF PENNSYLVNM
~ lEAl
.ft.- J. QROB~ PIIbIc
.....1Ip., .. CMIr
tl.llmllfon EIphi AId 19, 2000
My Commission Expires:
:" ,
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF CumbYlltnd
On this ,qi1l day of . Ti llll , 2005, before me, the undersigned officer, in and
for the said State and County ~ppeared Dallas L. Shelly and M. Faye Shelly,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within Indenture, and who acknowledged that they executed the same for the purposes
therein contained.
55.
IN WITNFSS WHEREOF, I have hereunto set my hand and official seal on this day,
month and year first.above written.
!o~
Notary Public ......__
H OF SYLVNM
M C .. E . N01MIAl SEAL
Y orrumSSlOn xpues: D'ANN J. GR08t~ PIbIc
.. "'1Ip., -c. IiIId c:a..r
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<:-(~P-
Attorney for the Grantee
99967
3
MOK 269 ~E4930
. I
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EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows,
to wit:
BEGINNING at a railroad spike in Mount Allen Drive, at the corner of land now or
formerly of Andrew E. McLellan; thence on a line in Mount Allen Drive, South 32
degrees 37 minutes, 20 seconds East, two hundred twenty-Jive (225) feet to a point;
thence along land of Cumberland County Industrial Development Authority, South 56
degrees 28 minutes 40 seconds West, seven hundred twelve and eight tenths (712.8) feet
to a spike; thence along land of PennDot, North 36 degrees 34 minutes 50 seconds West
(crossing both lanes of U.S. Route #15), three hundred fifty and one tenth (350.10) feet to
a point; thence North 36 degrees 25 minutes 10 seconds East, three hundred (300) feet to
a point between the North and South lanes of U.S. Route #15; thence along land now or
formerly of Andrew E. McLellan, South 36 degrees 34 minutes 50 seconds East, three
hundred fifteen (315) feet to a spike, and North 45 degrees 12 minutes East, four
hundred forty-five (445) feet to a railroad spike in Mount Allen Drive, the place of
BEGINNING.
HAVING thereon erected a mobile home, as a permanent residence, and containing
4.442 acres of land, including land in U.S. Route #15.
BEING the same premises which Ruth V. Miller, Widow by deed dated November 14,
1979, and recorded November 21,1979, in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book T -28, Page 526, granted and
conveyed unto James R. Shelly and Beth Shelly, his wife, and Dallas L. Shelly and M.
Faye Shelly, his wife
BEING the same premises which James R. Shelly and Beth M. Shelly, his wife, by deed
dated September 18, 2001, and recorded September 27, 2001, in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 248,
Page 2697, granted and conveyed their 1/2 interest to James R. Shelly and Beth M. Shelly,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH HOME, INC. trading and
doing business as Messiah Village,
Plaintiff
vs.
NO. ,,'-- S~97 (J,;,..tT~
JOHN DOE, and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title,
Defendants
CIVIL ACTION - LAW
MOTION FOR SERVICE BY POSTING AND PUBLICATION
AND, NOW, COMES, the Petitioner, Messiah Home, Inc. trading and doing
business as Messiah Village, by and through its attorneys, Latsha Davis Y ohe &
McKenna, P.c., and in support of its Motion for Service by Posting and Publication,
avers as follows:
PARTIES
1. Plaintiff, Messiah Home, Inc. trading and doing business as Messiah
Village ("Messiah"), has filed a complaint seeking to quiet title to certain property.
109267
2. Messiah has been in possession and control of certain real property
located in Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania
since January 2, 1976 (herein "Parcel A"). Parcel A is more specifically described in the
legal description and the drawing attached hereto as Exhibit" A" and incorporated
herein by reference.
3. The Defendants are named as 1/ all persons unknown, claiming any legal or
equitable right, title, estate, lien, or interest in the property described in the complaint
adverse to Plaintiff's title, or any cloud on Plaintiff's title" and are unknown to Messiah.
4. The unknown Defendants may claim some right, title, estate or interest in
Parcel A.
5. Messiah believed all rights, title, and interests of Parcel A belonged to
Messiah.
6. Upon retaining the services of RGS Associates to develop certain areas
adjacent to and including Parcel A, Messiah became aware of a defect in the chain of
recorded title on the property of Parcel A.
7. Messiah in an effort to establish clear title to Parcel A proposes that
service of the Defendants be:
(a) by posting signs along the perimeter of Parcel A, and
(b) by publication once in the The Patriot-News and the Cumberland
County Law Tournal.
8. Messiah proposes that the posting notice be in the form and content as set
forth in the attached Exhibit "B".
109267
2
9. Messiah proposes that the publication notice contain the language as set
forth in the attached Exhibit "C".
10. Messiah proposes that after publication and posting the Defendants have
thirty (30) days from the later date of the actual publication and posting to assert each
and every claim.
11. Based on Messiah's investigation related to the ownership of Parcel A,
Messiah proposes that a copy of the complaint be provided to the parties set forth in the
attached Exhibit "D" as these parties may have an interest in Parcel A.
WHEREFORE, Petitioner, Messiah Home, Inc., trading and doing business as
Messiah Village, respectfully requests that this court grant the requested Motion.
Respectfully submitted,
LA TSHA DAVIS YOHE & McKENNA, P.c.
By: ~7~
Glenn R. Davis, Esq.
Supreme Court ID No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, P A 17050
(717) 620-2424
Attorneys for Petitioner, Messiah Home, Inc.
trading and doing business as Messiah Village
109267
3
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PARCEL A
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ALL that certain piece, parcel, or lot of land situate on the southern side of U.S. Route 15
in Upper Allen Township, Cumberland County, Pennsylvania, and being more fully bound and
described as follows:
BEGINNING at a rebar at the southwest corner of Messiah Homes, Inc., formerly of
James R. & Beth M. Shelley; thence along the northerly line of other lands of Messiah Homes,
Inc., formerly of the Cumberland County Industrial Development Authority S 56026' 13" W a
distance of 275.66 feet to a point at a corner of the limited access right-of-way line of U.S. Route
15; thence along said line S 56026' 13" W a distance of 103.42 feet to a point; thence continuing
along same N 26023'51" E a distance of 424.78 feet to a point at the northwest corner of said
lands of Messiah Homes, Inc., formerly of James R. & Beth M. Shelley; thence along said lands
S 36037'17" E a distance of212.95 feet to a rebar, the point of BEGINNING.
CONTAINING 0.925 acres.
109346
Exh'~bi+ B
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-
NOTICE
To: John Doe, and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title
You are notified that an Order has been entered to Docket Number
in Civil Action - Law in the Court of Common Pleas of Cumberland County,
Pennsylvania, on ,2006 directing that within thirty (30) days after this
publication one time in The Patriot-News and the Cumberland County Law TournaI you
shall set forth each and every claim you may have 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 located in Upper Allen Township, Mechanicsburg,
County of Cumberland, Pennsylvania, along U.S. Route 15 more particularly described
on the attached Exhibit" A" .
By:
Sheriff
Latsha Davis Yohe & McKenna, P.c.
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, P A 17050
(717) 620-2424
Attorneys for Plaintiff,
Messiah Home, Inc. trading and
doing business as Messiah Village
109267
PARCEL A
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Exhibit A
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ALL that certain piece, parcel, or lot ofland situate on the southern side of U.S. Route 15
in Upper Allen Township, Cumberland County, Pennsylvania, and being more fully bound and
described as follows:
BEGINNING at a rebar at the southwest corner of Messiah Homes, Inc., formerly of
James R. & Beth M. Shelley; thence along the northerly line of other lands of Messiah Homes,
Inc., formerly of the Cumberland County Industrial Development Authority S 56026'13" W a
distance of 275.66 feet to a point at a corner of the limited access right-of-way line of U.S. Route
15; thence along said line S 56026' 13" W a distance of 103.42 feet to a point; thence continuing
along same N 26023'51" E a distance of 424.78 feet to a point at the northwest comer of said
lands of Messiah Homes, Inc., formerly of James R. & Beth M. Shelley; thence along said lands
S 36037'17" E a distance of212.95 feet to a rebar, the point of BEGINNING.
CONTAINING 0.925 acres.
109346
Exlt,b;f C
NOTICE
To: John Doe, and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title
You are notified that an Order has been entered to Docket Number
in Civil Action - Law in the Court of Common Pleas of Cumberland County,
Pennsylvania, on ,2006 directing that within thirty (30) days after this
publication one time in The Patriot-News and the Cumberland County Law TournaI you
shall set forth each and every claim you may have 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 located in Upper Allen Township, Mechanicsburg,
County of Cumberland, Pennsylvania, along u.s. Route 15 more particularly described
on the attached Exhibit" A" .
By:
Sheriff
Latsha Davis Yohe & McKenna, P.c.
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, P A 17050
(717) 620-2424
Attorneys for Plaintiff,
Messiah Home, Inc. trading and
doing business as Messiah Village
109267
PARCEL A
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Exhibit A
ALL that certain piece, parcel, or lot ofland situate on the southern side of U.S. Route 15
in Upper Allen Township, Cumberland County, Pennsylvania, and being more fully bound and
described as follows:
BEGINNING at a rebar at the southwest comer of Messiah Homes, Inc., formerly of
James R. & Beth M. Shelley; thence along the northerly line of other lands of Messiah Homes,
Inc., formerly of the Cumberland County Industrial Development Authority S 56026' 13" W a
distance of 275.66 feet to a point at acorner of the limited access right-of-way line of U.S. Route
15; thence along said line S 56026'13" W a distance of 103.42 feet to a point; thence continuing
along same N 26023'51" E a distance of 424.78 feet to a point at the northwest comer of said
lands of Messiah Homes, Inc., formerly of James R. & Beth M. Shelley; thence along said lands
S 36037'1 T' E a distance of212.95 feet to a rebar, the point of BEGINNING.
CONTAINING 0.925 acres.
109346
------
E)( t..rbif- j)
James R. and Beth M. Shelley
6 Summit Drive
Dillsburg, PA 17019
Dallas L. and M. Faye Shelley
511 North Lewisberry Road
Mechanicsburg, PA 17055
Estate of Joseph H. and Ruth F. Hess
c/o Alvin B. Hess, co-executor
3399 West Meadow Drive
Mechanicsburg, P A 17055
Estate of Joseph H. and Ruth F. Hess
c/o Joseph M. Hess, co-executor
1704 Fairmont Drive
Mechanicsburg, P A 17055
Estate of Joseph H. and Ruth F. Hess
c/o Rosalie m. Roland, co-executor
337 West Meadow Drive
Mechanicsburg, P A 17055
United Water Pennsylvania, Inc.
c/o Corporation Service Company
2704 Commerce Drive
Suite B
Harrisburg, PA 17110
109267
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SEP J 8 2006
...JfJL...
. .--- . -----
----.__._~--,--
MESSIAH HOME, INC. trading and
doing business as Messiah Village,
Plaintiff
vs.
No.C>t..-~~7 {l;~L ~\
CIVIL ACTION - LAW
JOHN DOE,
and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title,
Defendants
ORDER
AND NOW, this z,zl day of Oc>-z,~
, 2006, it is hereby ORDERED
that:
1. service of the Complaint in this action shall be by posting the property
with the Notice attached hereto as Exhibit A along the perimeter of Parcel A;
2. service of the Complaint shall be by publication once in the The Patriot-
News and in the Cumberland County Law TournaI with the Notice attached hereto as
Exhibit B; and
3. a copy of the Complaint in this action shall be mailed by certified mail
return receipt requested to the following parties:
James R. and Beth Shelley
6 Summit Drive
Dillsburg, PA 17019
Dallas L. Shelley and M. Faye Shelley
511 North Lewisberry Road
Mechanicsburg, PA 17055
Estate of Joseph H. Hess and
Ruth F. Hess
c/o Alvin B. Hess, co-executor
3399 West Meadow Drive
Mechanicsburg, PA 17055
United Water Pennsylvania, Inc.
c/o Corporation Service Company
2704 Commerce Drive
Suite B
Harrisburg, PA 17110
109267
FlLED-O;+!CE
0,... TH'- F-1,\r\;-: :r;,~, ,t"'."'~i: ~y
r I it: ~"?_,) ',~~\,,': ",;o,,} J lJ;,;-~ -
2006 OCT - 3 fiH II: I 8
Estate of Joseph H. Hess and
Ruth F. Hess
c/o Joseph M. Hess, co-executor
1704 Fairmont Drive
Mechanicsburg, P A 17055
Estate of Joseph H. Hess and
Ruth F. Hess
c/o Rosalie M. Roland, co-executor
337 West Meadow Drive
Mechanicsburg, PA 17055
4. Defendants shall have thirty (30) days from the date of the actual
publication and posting to assert each and every claim.
BY THE COURT:
J.
.AJ
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109267
EXHIBIT A
JOHN DOE, and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title,
Defendants
CIVIL ACTION - LAW
..
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH HOME, INC. trading and
doing business as Messiah Village,
Plaintiff
vs.
NO. 06-5597 CIVIL TERM
MOTION TO ENTER JUDGMENT BY DEFAULT
AND, NOW, COMES, the Petitioner, Messiah Home, Inc. trading and doing
business as Messiah Village, by and through its attorneys, Latsha Davis Y ohe &
McKenna, P.C., and in support of its Motion to Enter Judgment by Default, avers as
follows:
1. On September 26, 2006, Plaintiff, Messiah Home, Inc. trading and doing
business as Messiah Village, filed a Complaint seeking to quiet title to certain real
property located in Upper Allen Township, Mechanicsburg, Cumberland County,
111702
Pennsylvania (herein the "Property"). The Property is more specifically described in
the legal description and the drawing attached hereto as Exhibit" A" and incorporated
herein by reference.
2. On October 2, 2006, The Honorable Kevin A. Hess issued an Order
requiring service of the Complaint be by:
(a) posting the Property along the perimeter with a Notice;
(b) publishing a Notice once in The Patriot-News and in the
Cumberland County law journal, the Cumberland Law TournaI; and
(c) providing a copy of the Complaint to certain individuals by
certified mail, return receipt requested.
3. Service of the Complaint has been made as directed by the October 2,
2006, Order and as further evidenced by the Affidavit of Service attached hereto as
Exhibit "B" and incorporated herein by reference.
4. The time within which Defendants were required to file an answer to the
Complaint has expired.
5. No one has served on the Plaintiff or filed preliminary objections,
response, answer, or other pleadings in this civil action.
6. Pa. R.C.P. 1066 authorizes this Honorable Court to grant appropriate relief
to Plaintiff as further set forth in the proposed Order provided along with this Motion.
111702
2
By:
Gu2coo
Glenn R. Davis, Esq.
Attorney ID No. 31040
Lorie A. Taylor, Esq.
Attorney ID No. 201246
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
WHEREFORE, Petitioner, Messiah Home, Inc., trading and doing business as
Messiah Village, respectfully requests that this court grant its Motion to Enter Judgment
By Default.
Respectfully submitted,
LATSHA DAVIS YOHE & McKENNA, P.C.
Attorneys for Petitioner, Messiah Home, Inc. trading
and doing business as Messiah Village
111702
3
~~hibit A
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ALL that certain piece, parcel, or lot of land situate on the southern side of U.S. Route 15
in Upper Allen Township, Cumberland County, Pennsylvania, and being more fully bound and
described as follows:
BEGINNING at a rebar at the southwest corner of Messiah Homes, Inc., formerly of
James R. & Beth M. Shelley; thence along the northerly line of other lands of Messiah Homes,
Inc., formerly of the Cumberland County Industrial Development Authority S 56026'13" W a
distance of275.66 feet to a point at acomer of the limited access right-of-way line of U.S. Route
15; thence along said line S 56026'13" W a distance of 103.42 feet to a point; thence continuing
along same N 26023'51" E a distance of 424.78 feet to a point at the northwest corner of said
lands of Messiah Homes, Inc., formerly of James R. & Beth M. Shelley; thence along said lands
S 36037'17" E a distance of212.95 feet to a rebar, the point of BEGINNING.
CONTAINING 0.925 acres.
109346
E:~h,b,+ f>
AFFIDAVIT OF SERVICE
The undersigned hereby verifies that in accordance with the Order dated
October 2, 2006, that:
1. The Cumberland County Sheriff's Office served the Complaint in civil
action 06-5597 by posting the property with a Notice. A copy of the Sheriff's Return is
attached hereto as Attachment 1;
2. Notice of the Complaint in civil action 06-5597 was served by publication
in The Patriot-News and in the Cumberland County law journal, the Cumberland Law
TournaI. The Proofs of Publication are attached hereto as Attachment 2; and
3. A copy of the Order dated October 2, 2006, and a copy of the Complaint
with a Notice to Defend in civil-action 06-5597 was served via certified mail, upon the
following individuals as evidenced by the signed domestic return receipts attached
hereto as Attachment 3:
Dallas L. & M. Faye Shelley
511 North Lewisberry Road
Mechanicsburg, PA 17055
Certified Mail #7005 3110 0001 30945708
James R. & Beth M. Shelley
6 Summit Drive
Dillsburg, P A 17019
Certified Mail #7005 3110 0001 30945654
Estate of Joseph H. & Ruth F. Hess
c/o Alvin B. Hess, co-executor
339 West Meadow Drive
Mechanicsburg, P A 17055
Certified Mail #7005 3110 00013094 5715
Estate of Joseph H. & Ruth F. Hess
c/o Roasalie M. Roland, co-executor
104 Lavynndon Lane
Mechanicsburg, P A 17055
Certified Mail #7005 3110 00013094 5753
Estate of Joseph H. & Ruth F. Hess
c/o Joseph M. Hess, co-executor
1704 Fairmont Drive
Mechanicsburg, P A 17055
Certified Mail #70053110000130945739
111700
.
United Water Pennsylvania, Inc.
c/o Corporation Service Company
2704 Commerce Drive
Suite B
Harrisburg, PA 17110
Certified Mail #70053110000130945722
Dated: Novembe~06
cI/J!iO~fl
Swornj~and subscribed
this;t)~ay of November, 2006
Notary Public
.OMMONWEAlTH Of PENNSYLVANIA
, NOTARIAL SEAl
i IYANN J. GROB, Notary Pubftc
j SiI_ Sprqs Twp., Cumbetlaod County
~y ConrUsinn ~f.niyp.('l\n,"H ' Q :009
'T . ...~,,,....~___
111700
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05597 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MESSIAH HOME INC TDBA MESSIAH
VS
DOE JOHN
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
was served upon
DOE JOHN
the
DEFENDANT
, at 1852:00 HOURS, on the 12th day of October , 2006
at PARCEL A
MECHANICSBURG, PA 17055 by handing to
POSTED PARCEL A MECHANICSBURG (BESIDE MESSIAH VILLAGE)
a true and attested copy of NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Posting
Surcharge
Postage
So Answers:
18.00
9.68
6.00
10.00
.39
44.07
~~....<~
R. Thomas Kline
10/13/2006
LATSHA DAVIS YOHE MCKENNA
Sworn and Subscibed to
By:
~.?~
eputy Sheriff
before me this day
of
A.D.
'l
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~
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws ofthe Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
smce;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 20th day(s) of October 2006. That
neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of
the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
efore me this 23rd~M~~m"~8~SYLVANIA
Notarial Seal
Terry l. Russell, Notary Public
City Of Harrisburg, Dauphin County
My Co ission Expires June 6. 201 0
);;' Mom""', nns\II' n; Association of Nolanes
I-1::f::1PUBLIC~
LATSHA, DAVIS, YOHE & MCKENNA, P.C.
1700 BENT CREEK BOULEVARD, SUITE 140
MECHANICSBURG, P A. 17050
/
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
October 13, 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.
-
SWORN TO AND SUBSCRIBED before me this
13 day of October, 2006
,,,,,,-,",",' .,. }lQ~a:~: -".,.
~ NOTAR!A~ SEAL
i LOIS E. Si'NDEH. f\JOt2"V Pur-'ic
~ 'I
i Carlisle: Bore, Cumberlana COllntv .
t'.~.,"a~':~=~:':~::;~:_M~'''~':::;::~':;;:~:~'.'
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. Com.... items 1, 2, lOCI 3. NIIo cornpIete
teem 4 If ~ted DeIlvery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.. .
. Attach this card to the back of the mallplece,
OK on the front if space permits.
1. Article Addressed to:
Dallas L. & M. Faye Shelley
511 North Lewisberry Road
Mechanicsburg, P A 17055
o Agent
1& Addressee
C. Date of Delivery
D.
DYes
DNo
3. Service Type
.0 Certified Mail 1:3 Express Mail
o Registered ~Return Recei~ '.h.....I,a..dIh
o Insured Mail D C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Fhu1sfer from S81Vice label)
PS Form 3811, FebfWry 2004
7005 3110 0001 3094 5708
102595-02-M-1540
DomeMic Return Receipt
. Complete Items 1, 2, and 3. Also complete
IWn 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Ac:k:tressed to:
James R. & Beth M. Shelley
6 Summit Drive
Dillsburg, P A 17019
de Number
",sfar from service label)
. rm 3811, ~ 2004
3. Service Type
)r Certified Mail 0 ExpI'88S Mail
o Registered J!I. Retum Receipt fer M8..!.I._ .dIN
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) DYes
7005 3110 0001 3094 5654
00meIIlIc Return Receipt 102595-02-M-15<lO
. COmplete Items 1, 2, and 3. Also complete
Item 411 Restricted Delivery is desired.
. ~rint your name and address'on the reverse
$9 thiit we Can return the.card.to you.
. Attach this card to the back of the mallpiece.
or on the front if space permits.
1. Article Addressed to:
Estate of Joseph H. & Ruth F. Hess
c/o Alvin B. Hess, co-executor
3399 West Meadow Drive
Mechanicsburg, P A 17055
2. ArtIcte.......
",.."., tam ..we. ...
IS...... ""__-. ')tVW,
A. Signature
X ,.~ D Agent
,c ".~ D AddnleIee
B. Received by (Printed Name) C. Date of DeIw.y ,
C ES3 )t) ~r-,--- ~
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address ~S8~
;:~4.\_, ryCf' ",
/6 \)\, ~',~\
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3. Service Type ., C& ~ ,.' ,./?i /"
18 Certified Mall 0 Ex~~e ~ 'i(::/t .
o Registered ~ Return ~"" f , lifaF.~.Il"iu
o Insured Mall D C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7005 3110 0001 3094 5715
Domestic Return Receipt
102595-02-M-1540
. CompWe Items 1, 2, IWld 3. Neo complete
bIm 4 If ~ DeItvery Is deeired.
. Print your name and address on the reverse
80 that we can return the card to you.
. Attach this card to the back of the mailpieoe,
or on the front If space permits.
1. Article Addressed to:
Estate of Joseph H. and Ruth F. Hess
c/o Roasalie M. Roland, co-executor
104 Lavynndon Lane
Mechanicsburg, P A 17055
2. MicIe Number
(7tansfer from service labeO
PS Fonn 3811, Febn.uMy 2004
3. Service Type
~ Certified Mail 0 Express Mail
o Registered &t Return Recelpt4Qr t 18r811 ar 11'1 a
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7005 3110 0001 3094 5753
1 025815-02-M-1 S40
Domedc Return Receipt
. Complete items 1. 2, and 3. Also complete
18m 4 if Restricted Delivery Is desired.
. Print your name and address on the reverse
80 that we can return the card to you.
. Attach this card to the back of the mailpieoe,
or on the front If space permits.
1. Micle Addressed to:
Estate of Joseph H. & Ruth F. Hess
c/o Joseph M. Hess, co-executor
1704 Fairmont Drive
Mechanicsburg, P A 17055
DYes
DNo
3. Service Type
Jl3 Certified Mail
D Registered
D Insured Mail
o Express Mail
fjI Return Receipt fer t 1IFV"^ 1''-1
DC.O.D.
2. ArtIcle Number
(IIwnsfw from MfVIce label)
PS Form 3811, F*'-Y 2004
7005 3110 0001 3094 5739J
4. Restricted Delivery? (Extra Fee) 0 Yes
Domeetic Return Receipt 102595-0241540
. Complete items 1. 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
. PrInt your name and address on the reverse
eo that we can return the card to you.
. Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
Umted Water .Pennsylvama, lnc.
c/o Corporation Service Company
2704 Commerce Drive
Suite B
Harrisburg, PAl 7110
2. MIele NuInber
(>>wWw ..."", ..wee ...
no ~ 3811. February 2004
3. Service Type
~ Certified Mail 0 Express Mail
o Registered 8 Return Receipt'fel f1!lllqa ~i..
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7005 3110 0001 3094 5722
102595-02-M.1540
00rlIIII0 A4ltum Receipt
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NOV J 1 l006rl
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH HOME, INC. trading and
doing business as Messiah Village,
Plaintiff
vs.
NO. 06-5597 CIVIL TERM
JOHN DOE,
and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title,
Defendants
CIVIL ACTION - LAW
ORDER
WHEREAS, it appears and the court finds:
(a) that service of the Complaint in the above-entitled civil action was made
in accordance with the Order dated October 2, 2006;
(b) that the time within which Defendants were required to appear and plead
herein has expired;
(c) that no Defendant has appeared herein; and
(d) that no answer to the Complaint, preliminary objection, or other pleading
has been served on Plaintiff or filed herein; and
WHEREAS, the Court being satisfied that the allegations of the Complaint are
true and that the relief asked for should be granted;
NOW, THEREFORE, on motion of Plaintiff, it is hereby ordered, adjudged, and
decreed this 1-1 · day of JJ'~ , 2006:
1. That the Plaintiff owns in fee simple and is entitled to the quiet and
peaceful possession of that certain parcel of land consisting of approximately .925 acres
located in Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania,
111702
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more specifically described in the legal description and the drawing attached hereto as
Exhibit A;
2. In accordance with Pa. RCP. 1066(b)(1), all persons unknown claiming
any right, title, estate, lien or interest in the real property described in the Complaint
(the "Defendants") and any person claiming under the Defendants are forever barred
from asserting any right, lien, title or interest in the said real property inconsistent with
the interest or claim of the Plaintiff set forth in the Complaint, unless the Defendants file
an objection to this Order stating specifically why the relief should not be granted
within thirty (30) days after the date of this Order;
3. That the Plaintiff's title to said real property is hereby forever quieted
against any and all claims or demands of the Defendants and any person claiming
under the Defendants any claim to any estate, right, title, lien or interest in said real
property;
4. That the Cumberland County Recorder of Deeds Office record a certified
copy of this Order in its records; and
5. That judgment by default is entered.
BY THE COURT:
AJ
111702
t-
EXHIBIT A
('"')
PARCEL A
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ALL that certain piece, parcel, or lot ofland situate on the southern side of U.S. Route 15
in Upper Allen Township, Cumberland County, Pennsylvania, and being more fully bound and
described as follows:
BEGINNING at a rebar at the southwest comer of Messiah Homes, Inc., formerly of
James R. & Beth M. Shelley; thence along the northerly line of other lands of Messiah Homes,
Inc., formerly of the Cumberland County Industrial Development Authority S 56026'13" W a
distance of275.66 feet to a point at a comer of the limited access right-of-way line of U.S. Route
15; thence along said line S 56026'13" W a distance of 103.42 feet to a point; thence continuing
along same N 26023'51" E a distance of 424.78 feet to a point at the northwest comer of said
lands of Messiah Homes, Inc., formerly of James R. & Beth M. Shelley; thence along said lands
S 36037' 17" E a distance of212.95 feet to a rebar, the point of BEGINNING.
CONTAINING 0.925 acres.
109346
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05597 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MESSIAH HOME INC TDBA MESSIAH
VS
DOE JOHN
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
was served upon
DOE JOHN
the
DEFENDANT
, at 1852:00 HOURS, on the 12th day of October , 2006
at PARCEL A
MECHANICSBURG, PA 17055 by handing to
POSTED PARCEL A MECHANICSBURG (BESIDE MESSIAH VILLAGE)
a true and attested copy of NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Posting
Surcharge
Postage
So Answers:
Sworn and Subscibed
18.00
9.68
6.00
10.00
.39
44.07
(~ /t/IJ'J~('
to
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,'-;"~';...:.,,_~.:'J..- ~ ., .l':..A.....<..__ ./,,'/ .~_y~'-"'r
,
R. Thomas Kline
10/13/2006
LATSHA DAVIS YOHE MCKENNA
By:
{fL. ?~-
eputy Sheriff
before me this
day
of
A.D.
--
r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
MESSIAH HOME, INC. trading and
doing business as Messiah Village,
Plaintiff
vs.
NO. 06-5597 CIVIL TERM
JOHN DOE,
and all other persons unknown
claiming any right, title, estate, lien
or interest in the real property
described in the complaint adverse
to Plaintiff's ownership, or any
cloud on Plaintiff's title,
Defendants
CIVIL ACTION - LAW
PRAECIPE FOR FINAL JUDGMENT
TO THE PROTHONOTARY:
Please enter final judgment in favor of Plaintiff and against the Defendants in
-
accordance with the Order dated November 21,2006, as thirty (30) days has expired.
Respectfully submitted,
LATSHA DAVIS YOHE & McKENNA, P.e.
By:
~~
Glenn R Davis, Esq.
Attorney ID No. 31040
Lorie A. Taylor, Esq.
Attorney ID No. 201246
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Petitioner, Messiah Home, Inc. trading
and doing business as Messiah Village
111746
2
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