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HomeMy WebLinkAbout07-0105 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY I.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, L.,- Plaintiff, NO: 0'1- IDS CilJ"'( I <cA-..." v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. 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 OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. F 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. USTED DE BE PRESENTAR UNA APARIENCIAESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SINPREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALlVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO OSUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,vAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDECONSEGUIR ASISTENCIA LEGAL. LAWYERS REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO: 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY SERVICES, INC. 1 00 S. 7th Street Akron, PA 17501, Plaintiff, ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 0'7 - IDS (}/C-,~t-T ~ v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. COMPLAINT TO QUIET TITLE Plaintiff, Central Penn Property Services, Inc. ("Plaintiff"), by and through its undersigned counsel, hereby submits this Complaint to quiet title with regard to certain real property described below. Plaintiff seeks an order determining its rights, title and interest in the subject land. PARTIES 1. The Plaintiff, Central Penn Property Services, Inc. ("Plaintiff"), a Pennsylvania corporation, has a registered office located at 100 S. 7th Street, Akron, PA 17501, and is properly conducting business in the Commonwealth of Pennsylvania. 2. Joseph C. Bolton is an adult individual with an address at 6353 One Bay Club Drive, Fort Lauderdale, FL 33308. Joseph Bolton is named in his individual capacity as an heir to George V. Bolton, II, and in his capacity as an heir to Grace E. Bolton. 3. The Unknown Heirs of Grace C. Bolton are named herein to the extent they may possess a claim to an interest in the real estate identified in this action. FACTS 4. Plaintiff purchased the real estate located at 4 Plainview Road, Lower Allen Township, Camp Hill, PA 17013 at the Cumberland County Sheriff's sale on September 7,2005 (the "Property"). 5. The legal and procedure authority pursuant to which Plaintiff has filed this Action to Quiet Title is found in Pa. R.C.P. No. 1061(b)(4) which provides that: "The action may be brought. . . (4) to obtain possession of land sold at a judicial or tax sale". Plaintiff seeks a Court Order barring and enjoining Defendants, pursuant to Pa. R.C.P. No. 1066, from ever attacking the validity of Plaintiff's title. 6. Central Penn Property Services, Inc. is seeking to quiet title as to the Property, and seeks a final judgment against Joseph C. Bolton, as an heir of George V. Bolton, II and as an heir of Grace E. Bolton, and the Unknown Heirs of Grace E. Bolton and each of their heirs, personal representatives, executors, administrators, successor, receivers, lien holders, judgment holders, mortgage holders, assignees thereof, and generally any and all persons or persons having or claiming to have any right, title, interest, lien or claim in or to the tracts of real property herein described below. 7. The Property involved in this action is described as follows, to wit: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows: BEGINNING at a point on the Easterly line of Plainview Road, which point is one hundred twenty-nine and ninety-eight one-hundredths feet South of the Southeasterly corner of Scarsdale Drive and Plainview Road and at the dividing line between Lots Nos. 19 and 20, Block K, on the hereinafter mentioned Plan of Lots; thence along said dividing line and beyond North forty- seven degrees forty minutes East one hundred twenty- five feet to a point; thence along the westerly line of Lots Nos. 2 and 3, Block K on said Plan, South forty- two degrees twenty minutes East seventy-five feet to a point at dividing line between Lots Nos. 18 and 19, Block K, on said Plan; thence along same South forty- seven degrees forty minutes West One Hundred Twenty-five feet to a point on the Easterly line of Plainview Road aforesaid; thence along same North forty-two degrees twenty minutes West, seventy-five feet to a point, the point and place of BEGINNING. BEING Lot No. 19, Block K in Plan of Country and Town Homes, Inc., which Plan is recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 7, Page 41 known as house No.4 Plainview Road. HAVING thereon erected a single brick and frame ranch type dwelling said premises being known and numbered as 4 Plainview Road, Camp Hill, Pennsylvania. A complete copy of the legal description is attached hereto and marked as Exhibit itA." 8. The Plaintiff became the owner by virtue of a purchase at the Cumberland County Sheriffs sale on September 7, 2005. The Deed vesting ownership in Plaintiff was recorded on June 26, 2006 at book 275, page 1500. A true and correct copy of the Deed is attached hereto and marked as Exhibit "B." 9. Prior to Plaintiffs ownership, the property reflected George V. Bolton, II as the record owner of the Property. 10. George V. Bolton, II, died on March 16, 2004, wherein he left a will dated January 9, 2004, wherein he appointed Thomas J. Schrenk as his executor. The Cumberland County Court granted Letters Testamentary to Thomas J. Schrenk on March 24,2004 at docket number 21-2004-280. 11. Susquehanna Bank, s/b/m Fairfax Savings Bank ("Susquehanna") held a first and second mortgage on the Property. 12. After George V. Bolton, Irs death, the loans went into default. 13. On March 4, 2005, Susquehanna commenced an action in mortgage foreclosure in Cumberland County at docket number 05-1172, naming Thomas J. Schrenk in his capacity as Executor of the Estate of George C. Bolton, II. 14. On May 10, 2005, the court entered a judgment by default in favor of Susquehanna in the amount of $63,904.15 and the Court issued a writ of execution. 15. Thomas J. Schrenk was served with Notice of the pending Sheriffs sale on May 11, 2005. 16. The property proceeded to Sheriffs sale in September, 2005, wherein Plaintiff was the successful purchaser. As set forth above, Plaintiff settled with the Sheriff of Cumberland County and obtained its deed to the Property. 17. On May 26, 2004, Joseph C. Bolton and Grace E. Bolton filed a Notice of Appeal and Petition for Citation Sur Appeal from the Register in probating the will referred above. 18. On June 1, 2004, this Court issued a Rule to Show Cause on Thomas Schrenk as to why the will should not be revoked. No action on the rule took place prior to September, 2005, and therefore, Thomas J. Schrenk was the recognized Executor of George V. Bolton, II's estate at the time of the Sheriffs sale. 19. After issuance of the Rule to Show Cause, Grace E. Bolton passed away. Upon information and belief, no estate has been opened for Grace E. Bolton, and Joseph C. Bolton is the sole surviving kin. Therefore, any rights or claims of Grace E. Bolton passed to Joseph C. Bolton, and to any other heirs that may exist. In order to ensure that notice of this action is provided to any and all heirs of Grace E. Bolton, Plaintiff has named all "Unknown Heirs" as a Defendant herein, and Plaintiff will be seeking the Court's permission to publish notice for any other heirs. 20. On July 5, 2006, the Court granted the Appeal of Joseph C. Bolton and Grace E. Bolton, setting aside the will and appointment of Executor. Upon information and belief, Joseph C. Bolton intends to (or has already) probate a former will of George V. Bolton, II wherein he will become the Executor of George C. Bolton, II's estate. 21. The Sheriffs sale was held in strict compliance with applicable foreclosure law and Defendant(s) (i.e., the Executor at the time) received all required statutory notices and/or had actual knowledge of foregoing Sale. Therefore, the Sheriffs sale did in fact divest any interest, right, title Defendants (Le., the then Executor, as well as Defendants herein) had in and to the foregoing real property. 22. Furthermore, the recorded mortgages and the foreclosure action were of public record and, therefore, available to both Joseph C. Bolton, Grace E. Bolton and their counsel. The sale was advertised in the local papers, periodicals and in the Sheriff's office. 23. Plaintiff is bringing this action in quiet title for purposes of confirming its ownership to ensure clear title. No party has moved to set aside the sale or redeem the property, and ownership is now conclusive. As the Sheriff's sale was properly conducted, any claims or interests of Defendants in the Property should be deemed extinguished. WHEREFORE, Plaintiff respectfully prays that this Honorable Court will enter an Order and Decree that states that Plaintiff is the legal owner of the herein described real property and, furthermore, forever bar said Defendants, hislher/their heirs, personal representatives, executors, administrators, successors and assigns and generally any and all other person(s) from having, asserting or claiming to have any type of right, lien, title or interest in and to the real Property which is in any manner inconsistent with the interest, right title of Plaintiff set forth in the Complaint. Respectfully submitted, DATED: Iii (cJ7 VERIFICATION Stephen M. Hladik, Esquire, hereby states that he is the attorney for Plaintiff in this action; that he is authorized to and does take this Verification on / behalf of said Plaintiff; and that the statements made in the foregoing Complaint to Quiet Title are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA. C.S. ~4904, relating to unsworn falsification to authorities. Date: (~h Stepllen M. Hladik, Esquire Attorney for Plaintiff DESCRIPTION ALL TIIA T CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Easterly line of Plain view Road, which point is one hundred twenty-nine and ninety- eight one-hundredths feet South of the Southeasterly corner of Scarsdale Drive and Plainview Road and at the dividing line between Lots Nos. 19 and 20, Block K, on the hereinafter mentioned Plan of Lots; thence along said dividing line and beyond North forty-seven degrees forty minutes East one hundred twenty-five feet to a point; thence along the Westerly line of Lots Nos. 2 and 3, Block K on said Plan, South forty-two degrees twenty minutes East seventy-live feel to a point at dividing line between Lots Nos. 18 and 19, Block K, on said Plan; thence along same South forty- seven degrees forty minutes West one hundred twenty-five feet to a point on the Easterly line of Plainview Road aforesaid; thence along same North forty-two degrees twenty minutes West, seventy-live feet to a pOIl1t, the point and place of BEGINNING. BEING Lot No. 19, Block K in Plan of Country and Town Homes, [nc, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Plan Book 7, Page 41 known as house No.4 Piainview Road. TAX PARCEL # 13-25-0022-213. TITLE TO SAID PREMISES is vested in George V. Bolton, II, by Deed from Brian Janllolkowski and Sharon Rusnak, now by reason of marriage, Sharon Jamiolkowski, husband and wife, dated 12/27/2000 and recorded 1/4/2001. in Record Book 237 Page 249. PREMISES being: 4 Plainview Road, Camp Hill, PA 17011. .---- ~,~ :{1n~~~: 3..1'fi I S (,'0 ;l.':.~~~~ ,#\ in '.-~' -JIJtiiOI-lJI d;3-.~~d-q, : . '~- ;,. C ,"\ Tax Parcel No. 13-25-0022-213 Know all Men by these Presents 20De ,jUN 26 rWIII 1 Y That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $103.000.00, (One Hundred Three Thousand Dollars), to me in hand paid, do hereby grant and convey to Central PenD Property Services. Inc. REAL ESTATE SALE No. 42 Writ No. 220~1172 Civil Term Susquehanna Bank, s/b/m to Fairfax Savings Bank Vs Estate of George V. Bolton, II, Thomas J. Schrenk, Executor and Devisee of the Estate of George V. Bolton, II Atty: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Easterly line of Plain view Road, which point is one hundred twenty-nine and ninety- eight one-hundredths feet South of the Southeasterly comer of Scarsdale Drive and Plainview Road and at the dividing line between Lots Nos. 19 and 20, Block K, on the hereinafter mentioned Plan of Lots; thence along said dividing line and beyond North forty-seven degrees forty minutes East one hundred twenty-five feet to a point; thence along the Westerly line of Lots Nos. 2 and 3, Block K on said Plan, South forty-two degrees twenty minutes East seventy-five feet to a point at dividing line between Lots Nos. 18 and 19, Block K, on said Plan; thence along same South forty- seven degrees forty minutes West one hundred twenty-five feet to a point on the Easterly line of Plainview Road aforesaid; thence along same North forty-two degrees twenty minutes West, sevenl)'-five feet to a point, the point and place ofBEGlNNING. BEING Lot No. 19, Block K in Plan of Country and Town Homes, Inc., which Plan is recorded in the Oftiee of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 41 known as house No.4 Piainview Road. TAX PARCEL #13-25-0022-213. TITLE TO SAID PREMISES is vested in George v. Bolton, 11, by Deed from Brian lamiolkowski and Sharon Rusnak, now by reason of marriage, Sharon Jamiolkowski, husband and wife, dated 12n7/2000 and recorded 1/4/2001. in Record Book 237 Page 249_ PREMISES being: 4 Plainview Road, Camp Hill, PA 17011. --- ;;Tl,) "ft.". Jo~e-: ;,.; ,.,;(j.... ~''iiI 1 S ()() . ~};:.t:I)j) The same having been sold by me to the said grantee on the 7th day of September Anno Domini Two Thousand and Five (2005) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 10th day of May Anno Domini 2005 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Five (2005) Number 1172 at the suit of Susquehanna Bank, s/b/m to Fairfax Savines Bank against Estate of Georee V. Bolton, II, Thomas J. Schrenk, Executor and Devisee of the Estate of George V. Bolton, II ~.:;l f;~ [",? ?A ~:] ~.. ~ r: f~ ~~ j:~ r.:::1 .~1~ J}~ i'b (""':1 ("'";r rq F: I:r:t rTJ rTl F8 ~:. ~. Q.." !:~ ~ ,_, t.=I ~ ..-t !'.;::t I:~ '=' ;C:O~i-_I:.::o~M' I" t.~1 1 i ~? ,:~" i..rt ;;:j ~ "-. ~ ~ OM ,-, (,._) c...J ::;r.:. <:: <>:: r-- :..." :::; ~ :~. co ...0 ~ ~;';! :-:.. ::r:: ~ ...., ..-of ~ ~ -....~;;-. .-, ~ .::... -" -.... 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In Witness Whereof, I have hereunto affixed my signature this 13th day of October Anno Domini Two Thousand and Five (2005) .r . ._~..- ~~~) ." ,~ -;::~~~_:,,<' C'//c:if: R. Thomas Kline, Sheriff " Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. 1110mas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 1Jth day of f)r+nh:>rA1mO I hereby certify that And Post Office address of Within Grantee is 100 South 7th Street Akron. PA 17501 Two 1110usand and Five (2005) l Certify this to be recorded r n Cumberland County P A . ~r- ~~~ Solicitor 'Y~ ~~.t~-4 '/' b.~~~'"<';~ .... ,- , , , /"-~("'-1\"f "\rl~- .~ 1\~.'1'" ;:)(,".},~~V : tioo~ ~?5 rAC~i5D2 Rei'order of Deeds ;0 CJ l,g, ~ 1t ~ (") ~ c (~ ~ (::.:.,:.:) ;::'- --' "- CI) ,3.~{)t'i <"- :t:n ~ ~ '::::';:0. G () z ~~ ~ I D ~ Ul :0 C'l --1 - -0 :1: :p ::% O~ --- --,.. F r:--? 0 .:::- ~ ;:0 \..0 -< STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY I.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 2007 -00105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Central Penn Property Services, Inc. ("Plaintiff'), pursuant to Pa. R.C.P. No. 430, moves this Honorable Court to enter an order permitting alternative service of the Complaint in Quiet Title and in support thereof avers as follows: 1. On January 5,2007, Plaintiff filed a Complaint in Quiet Title (the "Complaint") in this matter seeking an Order or Decree stating Plaintiff as the legal owner of the property located at 4 Plainview Road, Camp Hill, PA 17013 (the "Property") at docket no. 2007- 00105. 2. The prior owner of the Property that is the subject of this action, George V. Bolton, II, died on March 16,2004, wherein he left a will dated January 9, 2004, wherein he appointed Thomas J. Schrenk as his executor. The Cumberland County Court granted Letters Testamentary to Thomas J. Schrenk on March 24, 2004 at docket number 21-2004- 3 280. 3. Grace E. Bolton passed away sometime after September, 2005. Upon information and belief, no estate has been opened for Grace E. Bolton, and Joseph C. Bolton is the sole surviving kin. 4. Plaintiff has been unable to ascertain whether there are living heirs of George V. Bolton, II or Grace E. Bolton other than Joseph C. Bolton. No executor has been named for Ms. Bolton according to the Cumberland County Register of Wills. 5. In addition, Plaintiff has made a good faith investigation (see Exhibit "B") and has been unable to ascertain an alternate address of any heirs of George V. Bolton, II or Grace E. Bolton by: a. examinations of local telephone directories; b. examinations of internet search engines (Ex. C); c. contacts with the Cumberland Orphans' Court. 6. Pursuant to Pa. R.C.P. No. 430 "the plaintiff may move the court for a special order directing the method of service." 7. Permitting Plaintiff to serve Defendants and/or occupants of the subject property the Notice and Complaint through publication in the County Legal and Local Publication will ensure Defendant and/or any occupants will have knowledge of the action. Further, permitting mailing to the last known address of Defendants at the Property will ensure notice to any heirs at the Property. Finally, permitting Plaintiff to have the Notice and Complaint posted on the subject Property will further ensure notice to all interested parities. WHEREFORE, Plaintiff prays that this Honorable Court enter an order permitting alternative service of the Complaint on the Unknown Heirs and all said subsequent notices 4 or pleadings by (i) publication, (ii) posting the subject premises and (iii) mailing via Certified Mail and regular mail to the subject property. A proposed Order to such effect is submitted herewith. Respectfully submitted, Dated: \ \9\0 l \ \ Stephen I ik, Esquire BY: 5 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY I.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 2007-00105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, \I and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. State of Pennsylvania ) ) ss.: County of Montgomery) AFFIDAVIT OF STEPHEN M. HLADIK I, STEPHEN M. HLADIK, do hereby depose and state as follows: 1. I submit this Affidavit in support of plaintiff's Motion for Service Pursuant to Special Order of Court. 2. I am an attorney admitted to practice in the Commonwealth of Pennsylvania and have personal knowledge of the facts in this case. 3. On January 5,2007, Plaintiff filed a Complaint in Quiet Title (the "Complaint") in this matter seeking an Order or Decree stating Plaintiff as the legal owner of the real property located at 4 Plainview Road, Camp Hill, PA 17013 (the "Property"). 4. The prior owner and mortgagor of the mortgage that is the subject of this 6 action, George V. Bolton, \I, died January 4, 2004. Grace E. Bolton died sometime after September, 2005 but no estate has been opened in the Orphans' Court of Cumberland County. 5. On January 8,2007, our searches on the internet showed that there was no other known heirs for George V. Bolton, II and Grace E. Bolton. (See Exhibit "B" attached to Plaintiff's Motion). 6. Through calls to the Register of Wills of Cumberland County, we have learned no estate has been opened for Grace E. Bolton. 7. To the best of my knowledge, information and belief I have made a good faith effort to locate the above Defendant in an attempt to serve him with the Complaint in this case. I hereby verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information and belief. The statements made herein are subject to the penalties of 18 Pa. C.S.A. 9 4904 relating to unsworn falsification to authorities. Dated: \ \ \" \ ..-1 , \~ \\) \ \ 7 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY I.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 2007 -00105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, 1\ and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. The comment to Pa. R.C.P. 430(a) illustrates what would be a good faith effort to locate the Defendant: NOTE: [A]n illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Comment to Pa. R.C.P. 430(a). 8 In real property actions, such as actions in quiet title, the Pennsylvania Rules of Civil Procedure, Rule 410(c), provides how service shall be made pursuant to an Order of Court under Pa. R.C.P. 430(a): The court shall direct one or more of the following methods of service: (1) publication as provided by Rule 430(b), (2) posting a copy of the original process on the most public part of the property, (3) registered mail to the defendant's last known address, and (4) such other methods, if any, as the court deems appropriate to give notice to the defendant. As more thoroughly set forth in the Motion, Plaintiff will be unable to serve the Complaint in Quiet Title on Defendant in this matter. A good faith effort to discover the whereabouts of any of the Unknown Defendants has been made in accordance with Pennsylvania Rule of Civil Procedure 430(a), as evidenced by the attached Affidavit of Good Faith Investigation, attached to the Plaintiffs motion as Exhibit "B." In order to complete service on the Defendant, so as to move this action forward to ultimate disposition, Plaintiff respectfully requests that this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 430, grant a special Order directing service of the Complaint and all subsequent notices or pleadings that require personal service only, by publication, posting the subject premises and mailing via Certified Mail and regular mail to the last known address of Defendant and the subject property. Respectfully Submitted, BY: Stephen M. Hla' E quire Attorney for Plaintiff 9 Person Search Page 10f2 M~ioMenlJ I MyAcC9yot I Print I C9nJi,lcLU$ !bQgOut People j Bus[ncs:,cii ,li58':;';.;; licet1EMiS PMm:s, Courts ! l, j last N<H1!e First Name Middle Name SSN Phone D08 City CAMP HILL Age Range State Zip PA 17013 f~adius Street Address 4 PLAINVIEW ROAD name include (i Fonnatted HTfv1L Cut and Paste / Printer The Pubdc Records anu comrm:lfClsllV availabre data sources useej in this system ilEiVe errors, proce~;sed incorrectly and is generally not free from defect'!"li", system ~;hould on any datn this system supplies, it should be purposes only and is not an otficial record Search completed 26 of 2fj mid( tcons. Bi)fow To Run Eli Report Clek B.e1CW 1M Next Ste~ 1 .. All FL1!l Name SSN AddrGss IK6lO - CA TRINA L MACKES 190-46-xxxx 4 PLAINVIEW RD 944-6257 I DaB: 03/1970 (36) CAMP HILL PA 17011-7928 AprOO IK6lO - CATRINA L NUSS 190-46-xxxx 4 PLAINVIEW RD 944-6257 I DaB: 03/1970 (36) CAMP HILL PA 17011-7928 Oct 95 IK6lOS_ JAMIOLKOWSKI SHARON 186-50-xxxx 4 PLAINVIEW RD 761-6383 I DaB: 11/1971 (35) CAMP HILL PA 17011-7928 Sep 98 - Oct 00 IK6lOS_ CATHY R KLASSEN 201-64-xxxx 4 PLAINVIEW RD 737-4031 I DaB: 09/1969 (37) CAMP HILL PA 17011-7928 Sep 89 - Dee 90 1!i6lOS_ BRIAN M JAMIOLKOWSKI 197 -64-xxxx 4 PLAINVIEW RD (717) 761-6383 I DaB: 10/03/1972 (34) CAMP HILL PA 17011-7928 May 95 - Sep 01 1!i616S_ SHARON MARIE RUSNAK 186-50-xxxx 4 PLAINVIEW RD (717) 761-6383 I 008: 11/01/1971 (35) CAMP HILL PA 17011-7928 May 95 - Jun 01 1!i616S_ SHARON MARIE JAMIOLKOWSKI 186-50-xxxx 4 PLAINVIEW RD (717) 761-6383 I 008: 11/1971 (35) CAMP HILL PA 17011-7928 Sep 98 - Apr 01 1!iSJ.6 _0 GEORGE V BOLTON 2 161-34-xxxx 4 PLAINVIEW RD (717) 737-5151 I DaB: 06/04/1941 (62) CAMP HILL PA 17011-7928 1998 - Dee 06 https://secure.accurint.com/app/bps/main 1/8/2007 1![616 IK616 1![616 IKOD _ IKODS_D I~ODIr_ I![OD IHOD -- IK~ _ IK~ _ IK616S_ I![OD " " -- .,. -- Person Search - - - - GEORGE H KLASSEN DaB: 01/08/1945 (62) SHARON ROSE KLASSEN DaB: 06/11/1948 (58) THOMAS J SCHRENK JR ROBERT C NUSS DaB: 07/04/1971 (35) GEORGE BOLTON 5 DaB: 06/04/1941 (62) JOAN M DOMINIANI DOMINIANI M SCHRENK ~ D GEORGE V BOLTON EST ~ DaB: 06/04/1941 (62) ~ cOP\' - ~ cOP\' ~ cOP\' ~ cOP\' ~ cOP\' ~ cOP\' 1m Export to Excel GEORGE V BAL TON II LOA Y A ABDELKARIM DaB: 06/04/1963 (43) RALPH E RUBY DaB: 11/12/1927 (79) STELLA P LUCKENBAUGH DaB: 10/1928 (78) STELLA P RUBY DaB: 10/23/1928 (78) KLASSEN R KLASSEN SHARON KLASSEL GEORGE H KLASSEW LOA Y ABDEL KARIM CENTRAL PENN https://secure.accurint.com/app/bps/main Page 2 of2 194-36-xxxx 4 PLAINVIEW RD (717) 7:32-3781 i CAMP HILL PA 17011-7928 Apr 84 - Dee 06 164-40-xxxx 4 PLAINVIEW RD (717) 7:32-3781 I CAMP HILL PA 17011-7928 Apr 84 - Dee 06 17 4-46-xxxx 4 PLAINVIEW RD (717) 7:30-6286 I CAMP HILL PA 17011-7928 Oet 04 - Dee 06 171-48-xxxx 4 PLAINVIEW RD (717) 728-0670 I CAMP HILL PA 17011-7928 Jun 95 - Jan 99 161-34-xxxx 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Jan 01 - Dee 06 193-48-xxxx 4 PLAINVIEW RD # 2 I CAMP HILL PA 17011-7928 Nov 04 - Oet 06 193-48-xxxx 4 PLAINVIEW RD # 2 I CAMP HILL PA 17011-7928 Nov 04 - Oet 06 161-34-xxxx 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Jan 01 - May 01 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Jan 01 352-86-xxxx 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Mar 96 - Sep 98 205-16-xxxx 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Dee 94 - Jan 95 187 -24-xxxx 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Dee 94 187 -24-xxxx 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Dee 94 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Jan 91 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Jan 88 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 Feb 86 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 4 PLAINVIEW RD I CAMP HILL PA 17011-7928 26 1/8/2007 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY I.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 2007-00105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, 1\ and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of this Motion For Service Pursuant to Special Order Of Court and the papers attached thereto on all parties named herein at their last known address or upon their attorney of record by regular mail, postage prepaid to the parties listed below on \ \ ~ , 200~ Joseph C. Bolton as heir and Executor to George V. Bolton, 1\ and as heir of Grace E. Bolton 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Unknown Heirs of GRACE E. BOLTON 4 Plainview Road Camp Hill, PA 17013 BY: \'4'\ Stephen M. Hladik, E~qui're Attorney for Plaintiff ,) 10 t ) -~ t-.J ( J " .~.~ \ " ) -1'1 C) ,~ c ~~. CENTRAL PENN PROPERTY SERVICES, INC., Plaintiff v. JOSEPH C. BOLTON, as Heir and Executor to George V. Bolton, II, and As heir of Grace E. Bolton and Unknown Heirs: Of GRACE E. BOLTON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-105 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of January, 2007, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that service of the complaint in this motion shall be made (1) posting the premises at 4 Plainview Road, Camp Hill, P A 17011, (2) by regular and certified mail at 4 Plainview Road, Camp Hill, PA 17011, and (3) by publication once in the Cumberland County Law Journal, and once in a newspaper of general circulation in Cumberland County, Pennsy lvania. ~phen M. Hladik, Esq. Kerns, Pearlstine, Onorato & Hladik, LLP 425 West Main Street P.O. Box 29 Lansdale, P A 19446-0028 Attorney for Plaintiff :rc BY THE COURT, ~ :>-- 0; _-:J l-~ C' UJ-"",: 0''-" ~~~. 1)r:l @~f ;:dl\.J u-FS 5 N ~ c.- N N -P' :d .::.; r-- = c;.-:> ~ - . . STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO: 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY SERVICES, INC. 100 S. 7th Street Akron, PA 17501, Plaintiff, ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2007-00105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. AFFIDAVIT OF SERVICE I, Stephen M. Hladik, Esquire, attorney for Plaintiff, hereby attest that on the Sth day of January, 2007, a certified copy of a Complaint in Quiet Title was mailed for service upon Defendant, Joseph C. Bolton as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton by certified mail # 7006 0810 0003 0944 8130. Form 3800 and the signed domestic Return Receipt Card are attached hereto, and marked, collectively, as Exhibit "A". I verify that the statements in this Affidavit of Service are true and correct. I understand that false statements here are made subject to t penalties of IS Pa. C.S. A. Section 4904, relating to unsworn falsification to authorities. Stephen M. H .. ul~~ COMMONWEALTH Oil' ~INN'YLVAN NOTARIAL SEAL KATHLEEN M. VINCENT. Notary Public LndaIe BoIV., Montgomery County Commission Expires September 1,2010 ~. t U.S, Postal Service CERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) C ITl r-'I on ::r ::r IT' c ITl C C Return Receipt Fee C (Endorsement Required) C Restrtcted Delivery Fee r-'I (Endorsement Required) C1 C Total postag,- D "'___ Cl! Certified Fee "- ,. ~ 0 JOSEPH C. BOLTON C as heir and Executor to George V. Bolton, II I"- ~::/:. and as heir of Grace E. Bolton cny;-Siai8;:Ztf 6353 One Bay Club Drive Fort Lauderdale, FL 33308 . Complete items 1. 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArtIcle Addr.-cl to: c. D?~~r D. Is delivery address different 17 0 Yes If YES. enter delivery address below: 0 No JOSEPH C. BOLTON as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton 6353 One Bay Club Drive Fort Lauderdale, FL 33308 3. ~ce Type ~ Certified Mail 0 Express Mall o Registered ~eturn Receipt for MerchandlM o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Artlcte Number (Transfw lI'om SMIice label) PS Form 3811, February 2004 7006 Oal0 0003 0944 8130 DorneatIc Return ReclIIipt 102595-02-M-1540 () ,....., ~; = ~ = ........ ~. i.. n-i 1;..,-. c:.... :r! :''1:';>~ Z fn:D .- U} I"V -01" r::: ;~" w :09 (-) <:: ,~" :~o ~~-:-. ;po ;J~ =+~ ''':-7.;'/- -r ')(.::i ::;:--:~ (-':.,~~ ;.c,-m Z ''') =2 f'.) ~ :n \.0 -< STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY I.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07 -105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308, Defendants. MOTION FOR COURT ORDER PURSUANT Pa. R.C.P. NO. 1066(b)(3) AND NOW, comes Plaintiff, Central Penn Property Services, Inc. ("Plaintiff"), by and through its attorneys, Kerns, Pearlstine, Onorato & Hladik, LLP, and files the following Motion for Court Order under Pa. R.C.P. No. 1066(b)(3). In support thereof, Plaintiff avers as follows: 1. Plaintiff filed its Complaint in the above-captioned case on January 5,2007, endorsed with a Notice to Plead. 2. Joseph C. Bolton, as heir and Executor to George V. Bolton, 1\ and as heir of Grace E. Bolton, was served by certified mail and also by acceptance of service executed by Carl Wass, Esquire. Attached hereto as Exhibit "A" and made a part hereof are true copies of the proofs of service. 3. Service as to the Unknown Heirs of Grace Bolton was made via publication and by certified and regular mail in accordance with this Court's Order of January 22, 2007. The notice of this action was published in the Cumberland County Law Journal and the Patriot News. 4. The foregoing named Defendants are in default for their failure to plead to said Complaint within the time period provided by the Rules of Civil Procedure. 5. Rule 1066, Pa. R.C.P. No. 1066, provides, inter alia, that the Court may enter an Order in favor of plaintiff when the defendant, as here, has failed to plead to said complaint within the appropriate time permitted by the Rules of Civil Procedure. 6. Attached hereto is Plaintiffs Affidavit which is being filed under Pa. R.C.P. NO.1 066(a). 7. For the foregoing legal reasons, Plaintiff respectfully prays that the Court will issue an order under Rule 1066(b)(3). A proposed Order is attached hereto for review. WHEREFORE, Plaintiff, Central Penn Property Services, Inc. respectfully prays that the Court will issue an order under Rule 1066(b)(3). A proposed Order to such effect is submitted herewith. Respectfully submitted, Date: 3//b ( u1 By: Ste STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY J.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07 -105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308, Defendants. PLAINTIFF'S AFFIDAVIT FILED UNDER PA. R.C.P. NO. 1066(b)(3) County of Montgomery Commonwealth of PA ss. The undersigned, being authorized to make this Affidavit on behalf of Plaintiff, makes this Affidavit under Pa. R.C.P. No. 1066(a) and states that the following facts are true and correct, to wit: 1 . Service was made upon the following Defendants, as the attached proofs of service note: JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, /I and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. SOL TON. 2. Said Defendants have not filed an Answer or otherwise pleaded to said Complaint within twenty (20) days from service. Defendants are therefore in default under the Rules of Civil Procedure. By: Sworn to and subscribed before me this JlI'fr day of More h , 2007. C>>~a o ary Public ~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal ~ A Meatfde. NoIaIy PubIc ~'~'hnyCoooty Expir8s AprI18. 2009 Member, PennsYlvania Association of Notaries STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY J.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07 -105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, 1\ and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308, Defendants. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of this Motion for Court Order Pursuant to Pa. R.C.P. No. 1066(b)(3) on all parties named herein at their last known address or upon their attorney of record by regular mail, postage prepaid to the following parties on 31J~ ,2007. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, \I and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Carl Wass, Esquire Caldwell & Kearns, PC 3631 N. Front Street Harrisburg, PA 17110 BY: Stephen . ladik, Esquire Attorney for Plaintiff STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY 1.0. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07 -105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, 1\ and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. ACCEPTANCE OF SERVICE I, Carl Wass, Esquire, attorney for the Defendant, Joseph C. Bolton, as heir and Executor to George V. Bolton, 1\ and as heir of Grace E. Bolton, hereby accept service of the Complaint to Quiet Title, on behalf of the Defendant, which was filed in the above-captioned action on January 5: 2007. Date: ~~~.~ ~a~ \. ~ Carl Wass, Esq . Attorney for Defendant, Joseph C. Bolton, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO: 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY SERVICES, INC. 1 00 S. 7th Street Akron, PA 17501, Plaintiff, ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2007 -00105 v. ('-....-J JOSEPH c. BOLTON, as heir and Executor to George V. Bolton, \I and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale" FL 33308 Defendants. \._-> --_J (- ~.~,) LJ AFFIDAVIT OF SERVICE 1, Stephen M. Hladik, Esquire, attorney for Plaintiff, hereby attest that on the 8th day of January, 2007, a certified copy of a Complaint in Quiet Title was mailed for service upon Defendant, Joseph C. Bolton as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton by certified mail # 7006 0810 0003 0944 8130. Fonn 3800 and the signed domestic Return Receipt Card are attached hereto, and marked, collectively, as Exhibit uA". I verify that the statements in this Affidavit of Service are true and correct. I understand that false statements here are made subject to the, penalties of 18 Pa. C.S. A. Section 4904, relating to unsworn falsification to authorities. f Stephen M. H 'a , sqmre I .. G~~~ COMMONWEALTH OF PItNN.VLVANIA. NOTARIAL SEAL KATHLEEN M. VINCENT, Notary Public Lansdale Bora., Montgomery County My Commission Expires September 1, 2010 \~ ~......) "_0 r o rn ~ CO U.S. Postal Servicer . CERTIFIED MAIL: RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ::rl ::r ' IT" 0 Postage $ m Certified Fee 0 CJ Return Receipt Fee CJ (Endorsement Required) 0 Restricted Delivery Fee ~ (Endorsement Required) CO CJ Total Poslag'" 0 <"'..- d:' ..lJ JOSEPH C. BOLTON _, CJ Sent To CJ as heir and Executor to George V. Bolton, " --I f'- SfriiBCAp"fNG and as heir of Grace E Bolton I or PO Box No. , I fCit}-:'siaie,'zlf 6353 One Bay Club Drive ___oj Fort Lauderdale, Fl 33308 ! ~'Ji"~f:~lll__ ....... . _, _,_ -....'.."'..Hfl. ''',,1.4 mT.1.1!'/J · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you_ · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: o Agent o Addressee C. Date pffq~"'ery , L~.,:-", \1. \. D_ Is delivery address different from M~ 1? 0 Yes If YES, enter delivery address below: 0 No JOSEPH C. BOLTON as heir and Executor to George V. Bolton, /I and as heir of Grace E. Bolton 6353 One Bay Club Drive Fort Lauderdale, FL 33308 3_ Service Type ~ Certified Mail o Registered o Insured Mail o Express Mail ~Retum Receipt for Merchandise DC.O_D. Number sfer from service label) 3811. February 2004 4, Restricted Delivery? (Extra Fee) DYes 7006 0810 0003 0944 8130 Domestic Return Receipt 102595.{)2.M-1540 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY 1.0. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07-105 v. JOSEPH C. SOL TON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. SOL TON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants: PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: Kindly file the attached proof of publication of the above-captioned quiet title action on the Unknown Heirs of Grace Bolton. Re~p~ctfully submitted, Uv By: ,lVI,; $tep,he M. Hladik, Esquire Date: -, \ ,i -'" j ./ I ' I i-, J i {/ ( '. ".,- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYLVANIA 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 February 2, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 'y -- SWO TO AND SUBSCRIBED before me this -Ldayof February, 2007 ~-<~L. k~ktJ r;W1~,L=~"~,~~~"-.~.~l~:1'.c~,~.."t/r i1 r; LC~f'~ ~~-;c.'~J\' P~>-,:!ic (-.. , :. J,. f>: br;'L:~n(i: C:CLr 1--.<-: ;l(t~t--f F;: 0.; CUMBERlAND LAW JOURNAL NOTICE Cumberland County Court of Common Pleas Docket No. 2007 -00105 CENTRAL PENN PROPER1Y SERVICES. INC. Plaintiff. v. JOSEPH C. BOLTON. as heir and Executor to George V. Bolton. U and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON Defendants. TO: HEIRS OF GRACE E. BOLTON 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 Com- plaint and Notice are served. by entering a written appearance per- sonally or by attorney and filing in writing with the Court your de- fenses or objections to the claims set forth against you. You are wamed 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 PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OF- 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 TIlAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERENCE SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle. PA 17013 (717) 249-3166 Feb. 2 3 Q ~ "'S-:,... t~;; f".,) c:;:) c::::;l --' ::x: > :;0 ~ ....... ~::D -0 hi -u.9 ~)6 ::;:!-r-, --5 -:TI (2 0 -m g ~ \.0 -0 :::J: ca N CC' .. STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY 1.0. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07 -105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, 1\ and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: Kindly file the attached proof of publication of the above-captioned quiet title action on the Unknown Heirs of Grace Bolton. By: M. Hladik, Esquire Date: 6\ ( f]o1 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 February 2,2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWO TO AND SUBSCRIBED before me this -Ldayof February, 2007 NOT AF:!i'l SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County I My~?!~~~~~~~~s Man~~:2::~ CUMBERLAND LAW JOURNAL NOTICE Cumberland County Court of Common Pleas Docket No. 2007-00105 CENTRAL PENN PROPER1Y SERVICES. INC. Plaintiff. v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton. II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON Defendants. TO: HEIRS OF GRACE E. BOLTON 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 Com- plaint and Notice are served. by entering a written appearance per- sonally or by attorney and filing In writing with the Court your de- fenses 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 PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO Nar HAVE A LAWYER. GO TO OR TELEPHONE THE OF- 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. LAWYERS REFERENCE SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle. PA 17013 (71 7) 249-3166 Feb. 2 3 (") ~ ~ c = s. ....... 11 ~~r j :J: ~:n rilF, > Z;:r :::0 ~~ L\, N GJ.J~' 0 ~ --l -r. )>(~. > 6-d z'..-: :::x -.....C) >L' '!? Orn c: -I Z ~ =<! w ... STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR A TIORNEY 1.0. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07-105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. ACCEPTANCE OF SERVICE I, Carl Wass, Esquire, attorney for the Defendant, Joseph C. Bolton, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton, hereby accept service of the Complaint to Quiet Title, on behalf of the Defendant, which was filed in the above-captioned action on January 5,2007. Date: ~~\..q ~c:\ .. ciU Carl Wass, Esq' Attorney for Defendant, Joseph C. Bolton, as heir and Executor to George V. Bolton, 1/ and as heir of Grace E. Bolton <2 ~ ""00.:' rnIT' Z';):.' hi), C/l-'C. ::'::''{;::'.' r.:; .....; \oC :E;Cj .<<-u YC ~ ~ ~ ~ ~ ~:33~ ~ -'0 N :::Q a ~q ~ Q~ VJ ~ ;:, ~ s:- t A STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY I.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07 -105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, II and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308, Defendants. AMENDMENT TO MOTION FOR COURT ORDER PURSUANT Pa. R.C.P. NO. 1066(b)(3) AND NOW, comes Plaintiff, Central Penn Property Services, Inc. ("Plaintiff'), and pursuant to Court notice submits this Amendment to its Motion previously filed for Court Order pursuant to Pa. R.C.P. No. 1066(b)(3). In support hereof Central Penn Property Services, Inc., avers as follows: 8. The allegations of the Motion contained in paragraph 1 through 7 are hereby incorporated as though set forth at length. 9. A Motion in this case has been previously ruled upon. The Honorable J. Wesley Oler, Jr. entered an Order on January 22, 2007 granting Plaintiff's Motion for Service Pursuant to Special Order of Court. f .... 10. No parties have entered their appearance in this case. Nevertheless, Carl Wass, Esquire did accept service on behalf of Joseph C. Bolton. As such Plaintiff's counsel has attempted to contact counsel and he has not concurred in this Motion. WHEREFORE, Plaintiff, Central Penn Property Services, Inc. request that the Motion prayed for and the original Motion be granted. Respectfully submitted, By: Stephen Date: 3-27-07 2. ~ -oct, Inf-' -;r' , '"-, &! .< ~ ,...., = ::3 ::Jt. .".. ?::J N OJ ~~~- -p' f ;::; ~ -, ~ :> ~ ~:n f;; ~y lJ <::' :~ -"~ .. -n (~B "._ft"\ o --I ):>:: ~ C5 ., U'l cJl SHERIFF'S RETURN - REGULAR CASE NO: 2007-00105 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTRAL PENN PROPERTY SERVICES VS BOLTON JOSEPH C ETC RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -QUIET TITLE was served upon BOLTON JOSEPH C HEIR/EXEC TO GEORGE V BOLTON II & GRACE E the DEFENDANT , at 1338:00 HOURS, on the 1st day of February, 2007 at 4 PLAINVIEW ROAD CAMP HILL, PA 17011 by handing to POSTED PROPERTY AT 4 PLAINVIEW ROAD CAMP HILL a true and attested copy of COMPLAINT -QUIET TITLE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Postage 18.00 12.32 6.00 10.00 .39 v 46.71 .2//f/o 1 c;L Sworn and Subscibed to So Answers: r-~.~ R. Thomas Kline 02/02/2007 KERNS PEARLSTINE ONORATO HLADI By: ~Q/ Deputy Sheriff before me this day of A.D. ~ . ' MAR 23 2007nrl)/ STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY J.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215) 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 07 -105 v. JOSEPH C. BOLTON, as heir and Executor to George V. Bolton, \I and as heir of Grace E. Bolton and Unknown Heirs of GRACE E. BOLTON 6353 One Bay Club Drive Fort Lauderdale, FL 33308 Defendants. ORDER AND NOW, this ~ day of .tp("~~ , 2007, upon consideration of the Motion of Plaintiff, Central Penn Property Services, Inc. ("Plaintiff"), and it appearing that the Defendants, Joseph C. Bolton, as heir and Executor to George V. Bolton, \I and as heir of Grace E. Bolton and the Unknown Heirs of Grace E. Bolton (collectively, "Defendants") have been duly served in accordance with the Rules of Civil Procedure governing Actions to Quiet Titles, and said Defendants have not filed an answer or otherwise pleaded as required by the Rules of Civil Procedure, it is hereby ORDERED AND DECREED that the Motion is granted and FINAL JUDGMENT in quiet title is entered against Defendants George V. Bolton, \I as wQ :~?~~. J~W :::J - CCLU IE I.L. o >- ~ ..: t....._ 0:: ...;c ....... = = ~ m .:c ace tr> I ~~ () Executor and as heir of Grace E. Bolton and Unknown Heirs of Grace E. Bolton; and it is FURTHER ORDERED that the Recorder of Deeds is hereby directed to mark the title clear as to: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows: BEGINNING at a point on the Easterly line of Plainview Road, which point is one hundred twenty-nine and ninety-eight one-hundredths feet South of the Southeasterly corner of Scarsdale Drive and Plainview Road and at the dividing line between Lots Nos. 19 and 20, Block K, on the hereinafter mentioned Plan of Lots; thence along said dividing line and beyond North forty- seven degrees forty minutes East one hundred twenty- five feet to a point; thence along the westerly line of Lots Nos. 2 and 3, Block K on said Plan, South forty- two degrees twenty minutes East seventy-five feet to a point at dividing line between Lots Nos. 18 and 19, Block K, on said Plan; thence along same South forty- seven degrees forty minutes West One Hundred Twenty-five feet to a point on the Easterly line of Plainview Road aforesaid; thence along same North forty-two degrees twenty minutes West, seventy-five feet to a point, the point and place of BEGINNING. BEING Lot No. 19, Block K in Plan of Country and Town Homes, Inc., which Plan is recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 7, Page 41 known as house NO.4 Plainview Road. HAVING thereon erected a single brick and frame ranch type dwelling said premises being known and numbered as 4 Plainview Road, Camp Hill, Pennsylvania. . . A certified copy of this Court Order shall be recorded of public record in the Cumberland County Recorder of Deeds Office under the name of the Defendants herein named. All filing and recording fees to record this Court Order shall be paid by Plaintiff.