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Home My WebLink About94-00175 1 '- ] ~ .~ J tl c o rf) ~ .,/ 3 ~; 0- - , . , . . . DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 175 CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, Co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, as Trustee, and ERMA M. WALLIS a/k/a ERMA M. WALLACE, and their/its respective heirs, personal representatives, successors and assigns, Defendants PRAECIPE FOR FINAL JUDGMENT TO THE PROTHONOTARY: Kindly enter on the Appearance Docket and on the Order for Judgment a notation that the Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, Co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Erma M. Wallis a/k/a Erma M. Wallace, failed to take the action directed in the Order for Judgment dated March 2, 1994, and in the last advertisement within the time therein limited. Kindly transmit to the Recorder of Deeds Office a certified copy of the Order for Judgment containing i , , . I . , j J . , i "1 ~~ the notation above described, see Affidavit of Advertisement and Service filed. Dated: April 19, 1994 ire 17108 -2- DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 175 CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, Co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, as Trustee, and ERMA M. WALLIS alkla ERMA M. WALLACE, and their/its respective heirs, personal representatives, successors and assigns, Defendants AFFIDAVIT OF SERVICE AND ADVERTISEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN FRANCIS A. ZULLI, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiffs in the above captioned action and that: 1. This action was commenced by the filing of a Complaint on January 13, 1994. 2. The Complaint was duly served upon the Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, Co- partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Erma M. Wallis a/k/a Erma M. Wallace, and their/its respective heirs, personal representatives, successors and assigns, by publication pursuant to the Order of Court directing publication in the Cumberland Law Journal and The Sentinel. 3. An Order for Judgment was duly entered by this Court on March 2, 1994 directing the Defendants to commence an action in ejectment against the Plaintiffs within thirty (30) days after service and publication of notice of the Order for Judgment. 4. The Order for Judgment was duly served upon the Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, Co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Erma M. Wallis a/k/a Erma M. Wallace, by publication of a notice in the Cumberland Law Journal on March 18, 1994 and The Sentinel on March 15, 1994, a copy of said proofs of publication are attached hereto as Exhibits "A" and "8" respectively. r , Esquire HH:.r":II.'. sr:..l Kt..~ L. :':'.. 'j, .:-t ry PL.t..l1C H.:-.frl:: '.' !..), .if. (lJ: <.. h\ My tc",~i~s1.)n L,(.llr(S !':Jrctl 19. 1993 -2- ;'.;J"'_;"...... PROOF:...QF PUBLlCAT1QN Slale of Pennsylvania, County of Cumberland. ss: Marian M. Welsh 01 THE SENTINEL, of the Counly and Slale aloresald, being duly sworn, deposes and says thaI THE SENTINEL, ~ newspaper 01 general clrculallon In lhe Borough 01 Carlisle, Counly and Slale aloresald,.was eslabllshed December 13lh,1BB1, sInce whIch dale THE SENTINEL has been regularly Issued In saId Counly, and Ihallhe printed nollce or publlcallon all ached herelo Is exaclly lhe same as was prlnled and published In lhe reular editions and Issues 01 THE SENTINEL on the lollowlng dates, vlz Copy of Notice of Publication , .. i" :. >" ..- In TIlt CoUll aI COIIlnIa(I...... of c~Countr,,:!,"~~'" lMAcllon.O*TIIo . No.175CML,11M :' DONALlI D: WIL80H ond. EDWARD P. FETROW P1~ \. YL AlEXANDER FRIEDlANDER . JOSEPH KUNE _ HARRY F1EL'os, COopln.... 01 COMMONWEAl. 'Ilt REALlY COMPANY end lIECHANlC8lRUST COMPANY. Ind ERlIA M. WALUSINIl ERMA M. WAU..ACE. thRbre,plctt..' heIrt. peraonaI,....,....... ~ ell DI'I IItldw=_ POIT..JUDGIIBHTNOTlCll . i TO: Allxondtr F........... Joloph I<Jno HIlly F\olcla. COi>II1norO of CommonwMfth R.aIty Company and lIochInlc:l T..... Com_. Enno M. Willi ""'" Enno M. W_ IIldlholtAII_"hIlr1._' ___._ondllllgnL You an natmtd lhat an ORDER FORJUDa~ MENThubllnlnll..clloNo.175CN1,llM In !hi C.... of Common PINt 01 CUlIIbIotond Counly. Plnnaylvlllllon MIrd12.1IM_ \ng 1hI. WIthin th\fly (30) doyo 1ft", IhlI pu.... caUon you or any or you thOuld comm.nce M ICIlon In EiocIman. Ig""" "" II>ovI nomod Plalntln., bonlld D. WU.on Ind Edward P. Fetrow, 'or poat.lllon of the pf'lm.... htr8fn. b.,ow dllcrlb.d or b. 'or.ver barr.d from Ullftk1g Illy rioh'.IIIn. 001 0<_'_ ....nl wllh lilt ~"rnl or dalm ..I torIh In tM PIolnllfta' Complllnt 10 IhII1nd harw dI",-. AlL TliOSEca"""....oIgrounch_1n varlou. b1oc:kI of loti. h.relnaft.r m.rrtd 10 In the Plan 01 Loll o. H.trlIburg Manor.1IJd PtIn belng f'ICOrdld In lhe Office 01 Ih. RecotdIr of Deedl In ond 10< Cu_nd County. In PIIn Book 2. PaO' 60. .lIult. In thl Town.hlp 01 Lower Alen, County or Cumbtrtlncllnd Sta.. 01 PanRlytvanle... follows: . BEGINNING II. ~tJocatld on the WNtern lloe 01 In unopened Trinity Place, uJd poWd alIo being ,.'.rtnced U lh.lOVfteut COII'teI" or Lot No.8. Block .P., on the h'rW\alllr men- Uoned Plan of lot.; lhenc. aIonQ .,. ..ntem line 01 UIlOpInod TrlnlIy Place. _ _ IIYo dtgr,,"Ilfty....... mlnulll Eut (8 211. s:r E). on. hundr.d tw.nty.lour Ind 'orty one- hund1ld1h1C12UO) Ilotto 'hlnorthomh of W.rMQton A....nue; thence aJona the northem Ilnl 01 WI1rtng1on ...VI..... Souii !!l>:..... c>>- gr."'.n mlnul.. Wilt (5 52- 10 W), one hundttd and two and forty..1l one-hundrtdthe (102.48) f'.llo I pipe on the dh1dlng lint be-- twe.n Loti NOI. 12 -.net 13, Block -fS., on the herllnlller m.nUonad Plan 01 Lot.: th.nce along Wd dMcIIng h. Nann hQnly-1lx de. O,....tw.nty-one mlnutll Wilt (N 28- 21'W) on. hundred Ind twenty. lour and nln.l..,; CIfle-IlCmdrwdII (121.1') IMt 10.. >on _.. 1hI-1_0II,OlHo.5 _"".011 1hI_"" ""'.....""PIIn OILoto:........ N..,.." 1IIIy-two dlQrMl..._ EM! IN... March 15, 1994 Affiant further deposes that he Is not Interested In the subject matter of the aforesaid notice or advertisement, and that all allegations In the foregoing statement as to time, place and.character of publication are true. 1 t !, il r Sworn to and subscribed before me this day of Harch .. ,19 94 23rd I: 1 . ,I .' ~ \. f t~. P \-, , \ ,. , r'.! ~~' t "\ ~t~.. , ~....~--' tI/. , ./ /,/ / C-(.,,{~ 3/22/94 \{)fl'A-lLtf 0 ~J.;)Zb'Yj Notary Public " My commission expires: . ,', , !:'. .' .1'. ",,;;':"V/Put~ CL~# G-..~J. f>.t.~.t".'~J:'j Coun:/ MyC~!~v1~:~r"'j:;~..::;Foo 27', 1995 . ""'1O)ff"'Jo>,"'=llOI'olNolnlG . '., PROOF OF PUBLlCAT1QN State of Pennsylvania, County of Cumber/and. ss: . Marian M. Welsh of THE SENTINEL, of the County and State aforesaId, beIng duly sworn, deposes and says that THE SENTINEL, ~ newspaper of general clrculallon In the Borough of Carlisle, County and Slate aforesald,.was established December 13th,1881, since whIch date THE SENTINEL has been regularly Issued In said County. and that the printed nollce or publlcallon attached hereto Is exactly the same as was printed and published In the reular edlllons and Issues of THE SENTINEL on the following dates, v/z Copy of Notice of Publlcatfon . 1~""Cou~OIl:""i~ ~ol' 'cu~ CounlJ.~lIyIY"" \lIVIAotloft:~ITIIt . No. 17a CML, lllt4 DONALD D:WuoN and' EDWARD P. FETROW ,~t- 'I VL March 15, 1994 AlEXANDER FRIEDlANDER. " JOSEPH KLINE and HARRY FIELDS, 00-_" 01 COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY.1fld ERMA M. WAWS oIItIa ERMAM. WAUACE._..~ hen. per.onaIl'IpfnentattvM..e C; 11 all and ...ianI. ~a_ POST...UDGIIIHT NDnell'.; TO, AIoundll F...c....., Jo.oph Kllna Hany FIeld.. co-oatInofS 01 ' Commonw.atth R.any Computy 'and Methanlcl TruatComParw. Elma M. Wallo O/OJII!nnO II. W_. ond lho~ntl"_" -. poraooaI NpfeMnllttv.., IUClCtIIIOfW and UIIgnI. You are nouned thai an ORDER FOR JUDo. MENThubMn .nllrodIoNo.175CIYI. 18t4 ." &he Court of Common PIN, of CUrnbIttand County, PennayfYanlli on March 2.18Mdftd.. log tha, wtlhin Ihllly (30) daro .ft., IhII publl- cation you or any or you Ihoukl comm.nc. an acUon In Eiedmlfll aO"'1 the above named PlalnllH" bonald D. Wlllon and Edward P. F.trow, lor po.....kM1 of the prwmll.. hirein- below described or b. 'or.ver barr.d from ....rting any right, '''n, lilt. or Int.relt Incon- .Iat.nl with !he intere.t or dalm Nt kM1h In thI P1alnlitft' Complaint to &h. land here detcrINd: ALL THOSE c.rtaln 50ta of ground Iltuated In variouI blac:kI of loll. h.relnafter ...felled to In lhe Plan of loti of Harrisburg Manor, Hid Plan b.1na recorded In the ornce 01 the Recorder of Deed. In and tor Cumberland County, In Plan Book 2, Pag. 60, IItU.t. In Ih. Town.hlp 0' LOWlr AI.n, County 01 Cumberland and Stet. of P.nnaytvanks, AI foDom: BEGINNING ala polnl tocaled on the......m line 01 an uno~n'd Trtnlty Place. aaJd potht alao being relerenced u the IOU1heUt comer 01 Lot NO.8, Block 'P', on the h.relnafter men- tioned Ptan of LotI; th.ne. along 1M ..It.m Une of U~ned Trinffy PSlice. South twenty.. five degrees fifty-thr.. minut.. EDt (8 2!li- 5)' E), on. hundred tw.nty.four and forty one-- hundrodlh.I12UOII.ot 10 '110 northom "'" 0' Warrtnglan Avenu.; thene. aJona the notIMm 11n, of Warrlngton Av.nue, South !;v:-r"g .. g..... I.n mlnut.. W"I (S 52- 10 W). on. hundred and two and 'orty.llx one-hundredlhl (102..ce) fill to. pipe on the dMdlng IinI be- tween LotI NOI. 12 and 13, Block -p-, on the herelnalt" manUon.d Plan 0' Loti: th.ne. a~ng laid dtvldlng line, North twtnly..ix d. greet tw.nty-one minute. Weat (N 28" 21' W) on. hundlld and twenly.lour end nln.llln one-hundrwd1h. (124. 18) ...110 an Iron pipe I' lhlaouthwntcornerofLolNo. 5, 8fock '''',00 the hltelnanar menUoMd Plan of loti. thence NOIlh Ilfty-rwo dograollon mlnuloo EUt (N ar 10' E). one hundrad .nd _ and Iony.n1ne ,ono-hundrodtha (103.40) 100'10 a point boIIlg '110 Place oIDEGINNINQ. BEING Loll NOI. 13. 14. 15 and 15 IIlocIc 'P-, on the Plan of Hltrilburg.Manor. ' ALSO unopened Warrington A...... ......,. botwHt1 Wind.., Ploc. and TrIn/Iy "*- bo- Ing Ipproxlmll.ly 205 ,..1 In I'ngth lnet 40 ,.., in wldlh. The PlaInt... _ ctalm tho rtgIlI of log,.... .... and ~I over the ~ .m tw.nly (201'"' 01 wanlngton Avonu. u located b.tw..n Wlndlor Plae. Ind Trinity Placa bolng _allly 205 Ioat In length , ~nd 20 tilt In wkfth. ' FRANCIS A. ZULLI. ESQUIRe 10g Locult Strllt P. O. Do. 1121 Ha_ . PA 1710a Affiant further deposes that he /s not Interested In the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and.character of publication are true. ~<~k , --",'7.' Ct. /,,-L;;j , 3/22/94 Sworn to and subscribed before me this day of Narch .. ,19 94 23rd ~A(ILtuf 0 J).l././2/Y!.brj Notary Public My commission expires: ...... ~'. :......\.......;,;l.:.-1r/~ Cl!.:~.# G,,:;), OJf;,b:r.Jrj Count-, My ~~r.i~\,:.: bj:i:c:; Foo. 27. 1995 , .nn''yt'''''''~lIOl101Nomoo i ......-.. .1' " '!- . . Proof of Publication of Notice in Cumberland Law Journal (Under Act No. 587, Approved May 16, 1929), P.L. 1784 State of Pennsylvania) : SSe County of Cumberland ) Roger M, Morgenthal, 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 ot Garllsle 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 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, vlz: MARCH 18. 1994 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. /J ~/(/~ Roger M. orgenthal Sworn and subscribed before me 18 MARCH ..... this 94 19 day of ,...-- .~. J. ,- ,) I ~ I)' I'll /Ll,oo/" 4 / ) " / ,I NOT AR!AL SEAL TERESA J. !lURKHOLDER, Notary Public C'l~;;le, Cumberland County, Pa. M'j Ccmmi.slon Expires Feb. R 1996 .... NonCB In the Court or Common Plcaa or Cumberland County. Pcnnaylvanla Civil AeUOn-Qulet Tille No. 1711 Civil 1994 DONALD D. WILSON and EDWARD P. FETROW. PlalnU/J'a va. ALEXANDER FRIEDLANDER. JOSEPH KLINE and HARRY FIELDS. eo.partner. or COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, and ERMA M. WALLIS. a/k/a ERMA M. WALLACE. thelr/U. rupcctlve heir., personal repreac:ntaUvc:a. successors and assigns. Derendan'" POST-JUDGMENT NarlCE TO: Alexander Frledlander, Joseph Kline, Harry FIeld.. co-partners or Commonwealth Really Com- pany and MeehanlcaTrust Com- pany, Erma M. Wall.... a/k/a Erma M. Wallace. and their/I'" respective heir., pelllOnal rep. resc:nlaUvea successors and as. sign.. You arc noUOed that an ORDER FOR JUDGMENT has been cntered 10 No. 175 Civil, 1994 In the Court or Common Plcaa orCumberland Coun. ty. Penn.ylvanla on March 2. 1994 dlrecUng that wlthln thirty (30) day. aDer thla publlcaUon you or any or you should commence an aeUon In Ejectment agatnstthe above nomed Plalntur., Donald D. Wtlson and Ed- ward P. Fellow, ror poaacaaton or the premlsea hereinbelow deacr\bed or be rorever bBlTCd from ..serllng any I1gbt. lien. UlIe or Intere.tlnconsl.- tent wlth the Interest or e1atm act rorth In the Plalnll/J'a' Complolnl to the land here described: ALL THOSE certain lots or ground .Uu.ted In varlou. blocks or lot.. herelnaJler rererred to In the Plan or Lot. or Harrtaburg Manor. sold Plan being recorded In the omee or the Recorder or Deed. In and ror Cum- berland County. In Plan Book 2. Page 50. situate In the Township or Lower Allen. County or cumberland and Stale of Pennsylvania, as rollowa: BEGINNING at a polntlocaled on the weltern line or an unopened TrInity Place. sold point also being rercrenc:ed as the southeasl comer or Lot No.8, Block 'P", on the herelnar. ter menUoned Plan or LoI.: thence along the weslern line or unopened TrInity Place. South twenty.Dve de. gree. OOy-three minutes EasllS 25' 53' E). one hundred twenly-rour and rortyone-hundredlh.1I24.40jCeetto the northern line orWartlngton Ave. nue: thence along the northern line or Warrington Avenue. South Drty- two degrees len minutes West IS 52' 10' W), one hundred and two and rorty..1x one. hundredths 1102.481 reel to a pipe on the dividing line between Lots No.. 12 and 13. Block "po. on the hcrclnaOer mentioned Plan orLots: thence along sold dlvld. tng line, North twenty.slx degrees twcnty.one minutes West IN 26- 21' WI. one hundred and twenly-rour and nineteen one-hundredths 1124. .19lCeetto an Iron pipe at the lOuth. we.t corner or Lot No.5. Block 'P". on the herelnaller mentioned Plan or Lot.: thence. North any. two degrees ten minutes E..tIN 52' 10' EI. one hundred and three and rorty.nlne one.hundredth. 1103.49) reet to a point being the Place or BEGINNING. BEING Lots Nos. 13. 14, 15 and 18, Block 'P". on the Plan orHarrls. burg Manor. CUmberland NoUces IS i; "'1' t ," 't:"'~'~""";', '. '. , ALSO unopened Wantngton Ave- nue situate between WIndsor Place and Trtnlty Place being approxl- mately 205 feet In lenglh and 40 feel In width. The PlalnUlTs alao claim the rtghl of Ingrcaa. egrcaa and regrcaa over the northern twenty (20') Ceel of Warrington Avenue as loealed be- tween Windsor Place and Trinity Place beIng approxlmatdy2011 Ceetln length and 20 Ceetln width. FRANCIS A. ZULLI. ESQUIRE 109 Locust Strecl P.O. Box 1121 Hon1aburg. PA 17108 MlU'Ch 18 8 cumberland Noll.... -=r ~ ~ ,~ en "'- - -. \ 'Y) '. - = .. . ., ~ '" - r_~ ';< - ~ m .. \~. " 'J ~ ~ :--.. '.' 1l m ~ ~ ~ e>: <.. ~"'" III .... III .... .... ,.. .... c j ZE-< .... "C:l !'i OZ c ~ c ~ ;;::::> "C:l .... tLl Ql ;;:0 -:: c III Cl .... ~~ OU a- III .... Z Ql ...J :5 U a- .c.. < Cl < Cl - z:>: ...J Z ~ .'I!l ~~~ "'-z 00 Cl ..... 0< Cfl~ tLl "'- \t ~ii ...J ...J ...JE-< ..... E-<e.::< ..... .....tLl e.:: ~ e.::tLl..... > :>:"'- III "'- 0 ~ ~~~ :::>coz ..... > t>.. \2:J S II 0:;:> Clc.. tLl tLlE-< U...J Ln Cl . c..z tLl ,.. .... ClCl Z .....tLl :I:CflCfl - ...Je.:: <.... U;;: E-<<Z << ""Ill tLlt:) tLlZ Z:>: tLl <Cl Z...JtLl 0 OCl ...J .... e.:::::> .....c..c.. Z CltLl < Ql c...., .' '. '. : DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 175 CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, as Trustee, and ERMA M. WALLIS a/k/a ERMA M. WALLACE, and their/its respective heirs, personal representatives, successors and assigns, Defendants CIVIL ACTION - LAW ORDER FOR JUDGMENT AND NOW, this (l~ day of March, 1994, upon presentation and consideration of the within Motion, and at the suggestion of Francis A. Zulli, Esquire, Attorney for Plaintiffs, it is hereby Ordered and Decreed as follows: 1. That the Complaint to Quiet Title has been duly served upon the Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Erma M. Wallis a/k/a Erma M. Wallace, their/its respective heirs, personal representatives, successors and assigns, by publication which service was completed on February I, 1994 and February 4, 1994. 2. From and after the aforesaid date of service, the said Defendants and its/their respective heirs, personal representatives, successors and Rssigns, have neither appeared nor answered said Complaint. 3. The Plaintiffs appear to be entitled to the relief requested in the Complaint filed in the above action. 4. It is hereby Ordered and Decreed that the Defendant, Erma M. Wallis alkla Erma M. Wallace, and her respective heirs, personal representatives, successors and assigns, be forever barred from asserting any right, lien, title or interest in the following premises: ALL THOSE certain lots of ground situated in various blocks of lots, hereinafter referred to in the Plan of Lots of Harrisburg Manor, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 2, Page 50, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, as follows: BEGINNING at a point located on the western line of an unopened Trinity Place, said point also being referenced as the southeast corner of Lot No.8, Block "p", on the hereinafter mentioned Plan of Lots; thence along the western line of unopened Trinity Place, South twenty-five degrees fifty-three minutes East (S 250 53' E), one hundred twenty-four and forty one-hundredths (124.40) feet to the northern line of Warrington Avenue; thence along the northern line of Warrington Avenue, South fifty-two degrees ten minutes West (S 520 10' W), one hundred and two and forty-six one-hundredths (102.46) feet to a pipe on the dividing line between Lots Nos. 12 and 13, Block "P", on the hereinafter mentioned Plan of Lots; thence along said dividing line, North twenty-six degrees twenty-one minutes West (N 260 21' W), one hundred and twenty-four and nineteen one-hundredths (124.19) feet to an iron pipe at the southwest corner of Lot No.5, Block "P", on the hereinafter mentioned Plan of Lots; thence, North fifty-two degrees ten minutes East (N 520 10' E), one hundred and three and forty- nine one-hundredths (103.49) feet to a point being the Place of BEGINNING. BEING Lots Nos. 13, 14, 15 and 16, Block "P", on the Plan of Harrisburg Manor. -2- unless the said Defendant or her heirs, personal representa- tives, successors and assigns, commence an action in Ejectment against the Plaintiffs for the premises above described, within thirty (30) days after the service and publication of the Notice of this Order. 5. If the said Defendant, Erma M. Wallis a/k/a Erma M. Wallace, fails to commence an action in Ejectment against the Plaintiffs within thirty (30) days after service and publication of notice of the entry of this Order, then this Order shall become Final and the Plaintiffs shall be the Owners in fee simple of the hereindescribed premises free and clear of any and all right, title, interest, claim or demand of the said Defendant, Erma M. Wallis a/k/a Erma M. Wallace, and her respective heirs, personal representatives, successors and assigns, and said Defendant, Erma M. Wallis a/k/a Erma M. Wallace, shall be further barred from denying, impeaching or in any way attacking Plaintiffs' title in and to the said premises. 6. It is further hereby Ordered and Decreed that the Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, their/its respective heirs, personal representatives, successors and assigns, be forever barred -3- . . from interfering with the Plaintiffs' right and use for ingress, egress and regress to the northern twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place so that Plaintiffs may enjoy the free and uninterrupted right of access to their real estate as described in paragraph four (4) above unless the said Defendants, Alexander Friedlander, Joseph Kline, Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, their/its respective heirs, personal representatives, successors and assigns, commence an action in ejectment against the Plaintiffs for the premises above described within thirty (30) days after the service of the publication of the notice of this Order. 7. If the said Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, their/its respective heirs, personal representatives, successors and assigns, fail to commence an action in ejectment against the Plaintiffs within thirty (30) days after service and publica- tion of notice of the entry of this Order, then this Order shall become final and the Plaintiffs shall enjoy and possess an uninterrupted right and use for ingress, egress and regress to the northern twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place so that the -4- Plaintiffs have the free and uninterrrupted right of access to their real estate as described in paragraph four (4) above free and clear of any further interruption, right, title, claim or demand of the said Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, their/its respective heirs, personal representatives, successors and assigns, and said Defendants shall be further barred from denying, impeaching, or in any way preventing Plaintiffs un- interrupted right and use for ingress, egress and regress to the northern twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place so that the Plaintiffs "The ~dant has failed Jd 'tlO;/~Y may enjoy the free and uninterrupted right real estate as described in paragraph their J. , !ill 'Sq [r; ~f I. (;. ~) , '. "', , " . .. . . , DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 175 CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, as Trustee, and ERMA M. WALLIS a/k/a ERMA M. WALLACE, and their/its respective heirs, personal representatives, successors and assigns, Defendants CIVIL ACTION - LAW MOTION FOR ENTRY OF JUDGMENT AND NOW, this 1st day of March, 1994, comes the Plaintiffs, Donald D. Wilson and Edward P. Fetrow, by their attorney, Francis A. Zulli, Esquire, and moves the Court to enter judgment in favor of them and against Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Erma M. Wallis a/k/a Erma M. Wallace, and its/their respective heirs, personal representatives, successors and assigns, and in support thereof assigns the following: 1. This action was commenced on January 13, 1994 by the filing of a Complaint to Quiet Title. 2. By an Order dated January 13, 1994, Your Honorable Court directed that the Complaint be served upon Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Erma M. Wallis a/k/a Erma M. Wallace, Defendants, their/its respective heirs, successors and assigns, by publication as provided by the Pennsylvania Rules of Civil Procedure one time in the Cumberland Law Journal and one time in a newspaper of general circulation in Cumberland County, Pennsylvania. 3. On February 1, 1994 and February 4, 1994, the above required .ervice by publication was completed in full compliance with said Order for Service by Publication. See Affidavit Pursuant to PA, R.C.P. 1066(a) attached hereto, which is hereby made a part hereof. 4. The Plaintiffs represent that an examination of the record in this action reveals that none of the named Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co- partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Erma M. Wallis a/k/a Erma M. Wallace and its/their respective heirs, personal representatives, successors and assigns, have either appeared or filed any responsive pleadings in this action since the date set forth in paragraph three (3) herein which period of time exceeds twenty (20) days. S. The Plaintiffs respectfully submit that they therefore are entitled to an Order declaring that Donald D. Wilson and -2- ~-,'~ Edward P. Fetrow are the owners in fee simple absolute of the following described premises: ALL THOSE certain lots of ground situated in various blocks of lots, hereinafter referred to in the Plan of Lots of Harrisburg Manor, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 2, Page 50, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, as follows: BEGINNING at a point located on the western line of an unopened Trinity Place, said point also being referenced as the southeast corner of Lot No.8, Block "p", on the hereinafter mentioned Plan of Lots; thence along the western line of unopened Trinity Place, South twenty-five degrees fifty-three minutes East (S 250 53' E), one hundred twenty-four and forty one-hundredths (124.40) feet to the northern line of Warrington Avenue; thence along the northern line of Warrington Avenue, South fifty-two degrees ten minutes West (S 520 10' W), one hundred and two and forty-six one-hundredths (102.46) feet to a pipe on the dividing line between Lots Nos. 12 and 13, Block "p", on the hereinafter mentioned Plan of Lots; thence along said dividing line, North twenty-six degrees twenty-one minutes West (N 260 21' W), one hundred and twenty-four and nineteen one-hundredths (124.19) feet to an iron pipe at the southwest corner of Lot No.5, Block "P", on the hereinafter mentioned Plan of Lots; thence, North fifty-two degrees ten minutes East (N 520 10' E), one hundred and three and forty- nine one-hundredths (103.49) feet to a point being the Place of BEGINNING. BEING Lots Nos. 13, 14, 15 and 16, Block "P", on the Plan of Harrisburg Manor. free and clear of any and all right, title, interest, claim or demand of the said Defendant, Erma M. Wallis a/k/a Erma M. Wallace, and her respective heirs, personal representatives, successors and assigns, in and to the said premises. -3- 6. The Plaintiffs respectfully submit that they therefore be entitled to an Order declaring that Donald D. Wilson and Edward P. Fetrow have an uninterrupted right and use for ingress, egress and regress to the northern twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place so that Plaintiffs have the free and uninterrupted right of access to their real estate as described in paragraph five (5) above free and clear of any and all right, title, interest, claim or demand of the said Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, their/its respective heirs, personal representatives, successors and assigns. WHEREFORE, Plaintiffs respectfully requests that the Court enter an Order declaring that Plaintiffs are the owners in fee simple absolute of the premises hereinabove set forth, free and clear of any and all right, title and interest and claim and demand of Defendant, Erma M. Wallis a/k/a Erma M. Wallace, and her respective heirs, personal representatives, successors and assigns, and further Plaintiffs respectfully request that the Court enter an Order declaring that Plaintiffs have an uninterrupted right and use for ingress, egress and regress to the northern twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place so that -4- Respectfully submitted, WION, ZULLI & SEIBERT: Plaintiffs have the free and uninterrupted right of access to their real estate as described above free and clear of any right, title, interest, claim or demand of Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Plaintiffs will ever pray... -5- l~~ '~~' .',-.,,<--'-' ~-: . ,. DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 175 CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, as Trustee, and ERMA M. WALLIS a/k/a ERMA M. WALLACE, and their/its respective heirs, personal representatives, successors and assigns, Defendants CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO PA, R.C.P. 1066(a) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN FRANCIS A. ZULLI, ESQUIRE, being duly sworn according to law deposes and says that he is the Attorney for the Plaintiffs in the above captioned action and that: 1. This action was commenced by the filing of a Complaint on January 13, 1994; 2. By an Order for Service by Publication dated January 13, 1994, the Court directed that said Complaint be served by publication of a Notice of Action to Quiet Title one time in the Cumberland Law Journal and in one newspaper of general circulation in Cumberlan~ County, Pennsylvania, upon Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co- partners of Commonwealth Realty Company and Mechanics Trust Company, as Trustee, and Erma M. Wallis a/k/a Erma M. Wallace, their/its respective heirs, personal representatives, successors and assigns; 3. Pursuant to said Order, the Plaintiffs caused the attached Notice to be duly advertised in the Cumberland Law Journal on February 4, 1994 and The Sentinel on February 1, 1994 (see attached Notice and proof of publication); 4. From and after the latter date of last publication until the date of this Affidavit, none of the named Defendants, nor any of their respective heirs, successors or assigns, have appeared in this action nor have they filed any pleadings in this action which period of time exceeds the period of twenty (20) days. Sworn to and subscribed to before me this 1st day o March, 1994. -2- NOTARIAL SEAL KAY l. DWUlET, N:lory Public H4rrisburg, Ol1.:phin County. PI. My CommilllDn bpI'" Mirth 19. 1m r ;.;td-Wlc:.... _~ fROOF OFPusLlCATlQN State of Pennsylvania, ss: County of Cumberland. , of THE SENTINEL, Manan M. Welsh oses and says that THE SENTINEL. a newspaper of of the County and State aforesaid. being duly swor~, dePd State aforesaid was established December 13th. 1881, general clrculallon In the Borough of Carlisle, Coun yan said County and that the printed nollce or since whIch date THE SENTINEL has been regularly Issue,d :~d and published In the reular edlllons and Issues of publlcallon attached heret,o Is exaclly the same as was pr n THE SENTINEL on the following dates, vlz Copy of Notice of Publication - 10 Public Notlc.. I I 10 Public Notlc.. IIlmCE In The Coull 01 Common Plo.. 01 Curnlloffond County, PoMlyllIOI1Ia Clvl Actlon. Qule. mo No, 175 CIVIL, 1994 DONAUl D, WIlSON and EDWARD p, FETROW, PlaJntll1a Va, ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS. co.par'nora 01 COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY. and ERMA 101. WALLIS a/kIl ERMA M. WALLACE. tllelrntl rllpecllvl halll, perlona' rep,...ntallvII. --.... and asaIgns. Dolo_ TO: A1o'ander Frfedandor Joseph IOIno . Harry _. OO1>IrtnorI 01 ComlnonweaIIh Realty Cofl'llIOY Mochanlca Trull Coni>any Erma M. Wallie oIItIa enna M, Walla.. and lhelrilta rnpoctIva holrs. penonol r"",...nt_l. IUDOI..... and asaIgno NOnCE IS HEREBY GIVEN lhal on lho J.aIb day 01 January. 1994,1ho _ named PloIntlfll tied a Con1>IoInllO Qulol mo .. obovo noIed ag8Inol you looking a Court Clnlor _log thai !hey own tho proml... boIow dolClibod In 100 o/mplo. !roo and clear 01 any and 011 r1ahl. Iltlo. Inlo"l~ claim or demand w111ch you mor have In and 10 aald promlaal. The PloInllfll cI:Ilm to bo lho owners of aaId promlsea by vlrtue 0 a deed daled July 14, 1982 !rom Donald 0, WI.... II more particularly aet forth to the Complaint lied In the above action, The premises In question Is situate In the various bIockJ of loti, hereafter referred to In the Plan 01 LOll 01 Hanlsburg Manor, sold plan boIng rocordod In tho 0I1l00 01 tho Recorda< 01 Doodo In and lor Cumbonand County In Plan Book 2. Page SO. aI1ua.. In Iho Township 01 Lower Allan. County 01 Cumbertand and Slate of Pennsylvania, as loIlows: ALL THOSE cenaIn lols or ground slluated In various blocks of loIS, herelnafler referred 10 In the Plan of LOll 01 Harrisburg Manor, lold Plan bolna rocordod In Iho 0I1l00 0111Io Rooordor 01 Doodo In ond lor Cumbonand County, In Plan Book 2, ['ago SO. .nUlloln 11Io TllWI1IhIp 01 Lowor Allen. County or Cumbertand and Stota of Pennsylvania, as foIJowI: BEGINNING 01 a poInllocaled on tho w....m line 01 an ~ Trinity Place. aaId poIn' 0110 being relerenced as the soulheast COIner or Lot No, 8, Block "P", on the hereinafter mendontd Pfan 01 Lots: thence akmg the western line or unopened Trinity Place, South twenty.nv. deg..... IIIly.throe mlnut.. Easl (S 25' 53' E), ono hundred "'only. lour and IoI1y ono-hundradlha (124,40) leello the northern line 01 Warrlnglon Avenue; thence alo~ the northern 11n. or Warrington Avenuo, South lIIly.two doorooa Ion mlnutH W... (S 52' 10' WI, ana hundred and two and!Orty. II. ono-hundrodlhl (102.46) IlOilo a pipe on tho dlvldlngllnobotwoon LotINol.12 and 13._ 'P', on tho ho"'na~Of mentioned Plan 01 Loll: Ihonco oIong aaId dMdIno Ilno. _ _ty.... doorool"'enty..,ne mlnulH Wo.. (N 2G' 2.' WI. one hundred and lwanty'lour and nlnolMn OlIO- hundrod1hs (1~4.19) IlOIlo an Iron plpo allho lOuIhwoal oomor 01 Lo. No, 5. Block "P". on tho ha..lna~Of menlloned Plan 01 Loll: lhonoo. _'IIly.two dogtOH 'on m1nutH EaIl (N 52' 10' E), ono hundred and throo and lorty-nlne ono-hundradlha (103:49) lOll to a po/n1 being 11Io PI.,. 01 BEGINNING. BEINO Loll No.. 13, 14. 15 and 16, _'p". on Iho Plan 01 HanioburgManor, ALSO unopened Warrlngton Avenue sllUIIle between W1ndlOf Place and Trlnhy Place being approdmalaly 205 loot In rongth and 40 1001 In wIdIh. Tho Plolnt;{f. 0110 claim Iho r1ahl oIlngrHl. ogress and legIon ove' the northern twenty f201 fHI of War,Ington Avenue asloC81ed befwHn Windsor PI.,. and TrInlIy Place boIng ~.1Ifofy 2115/oal1n IIngth and 20 loot In _, .. YOU ARE FURTHER NOnFlED lI1alll1o Court 01 Common Plo.. 01 Cumbo~and Coomiy. Ponnaytvanla. has ordered that seMc:e or the Complaint be made upon Alexander Fried"', Joseph Kl1no and Harry FIoIdr and Commonwoa/lh Roally ComoanY. a c;o.__ of Alexander Friedlander, Joseph Kline and Harry Flefds,..nd Erma M, Walllsllki. Enna J.f. Wallo.. ond Mochonlca Trusl Compony. and lhoIr/lla roopoctivo hoIro. PIIIOnaI roprolOOta.",". IUCCeSSOr and assigns, by an Order dated January 13Ib. 1994 whk:h requir.. !halth.. Notlce be published once In the Cumberland County Law Joumaf and once In . ~ of general circulation to Cumbertand County, Pennsylvania. II no answer Is lied btlald Defendanti wfthln twenty (20) days from the dati of servlc. hllfeol. Ih. Court will be I&ked to enter a de'ault Iudoment decreeing that the PtalnllH5 In thtl letton have 8CQUIr1d good Ind merbtabfe UIfe to Ihe her,1n described tract of land, Iroe and dear 01 any and .., dalrna which any of you may 8118" against sold premlHa and further, Ihalthe Court wtII be liked 10 enter. d,'autt Judgment docreolng lhallho Plointllfl In thll ocllon hovo acquired .ho r1ahl oIlngrou. agtou and rBgfHl over and 10 the northern twenty (20') lee. of unopened WarrIng10n Avenue .. h3c81ed between Windsor Place and Trinity Pface. IF you WISH TO CEFEND, YOU MUST ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE YOUR DEFENSES OR OBJECTIONS IN WRlnNO WITH THE COURT. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT. WITHOUT FURTHER NOTICE, FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REOUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEOAL HELP. 14 IS that he Is not Interested In the aforesaid notice or iat all allegations In the IS to time, place and character 3. 7#"" ~ UU I' :/23/94 Ibed before me this .19 94 24th 5izt1.eUi 0 .JJt{I(.,?M1 , Notary Public res: . , ,-;',;-: ~l ~t: i::~lf,J ev..1I1ty tli-(l).2i,19--J5 :>.::a/J:llloll'lOlllV.lol of the County and'suite aloresai'il~ bei-ng O~IY sVlorn',d~~~s~~:~T';~ ~r~~~!/~,as estahllsh~d -01'("""""" 13th, , ~1\1. general circulation In the Borough of carlisle, COUld,. d In said County and that the printed notice or since which date THE SENTINEL has been regularly Issuel ted and published In the reular editions and Issues 01 publication allached heret.o Is exactly the same as was pr n THE SENTINEL on the following dates, vlz Copy of Notice of Publication 10 Public Notlc.. I _ 10 Public Notlc.. - Itll.nCIl In The Court 01 Common Pleal of CumbortancI County. PoM'y1,anla CIvI Action. OUIeI Till. No, 175 CIVIL, 1994 DONALD 0, WIlSON and EDWARD p, FETROW. _a Va. ALEXANDER FRIEOLANDER, JOSEPH KLINE .nd HARRY FIELDS. co,p.rtnor. 01 COMIo1ONWEAI.TH REALTY COMPANY and MECHANICS TRUST COMPANY. and ERMA M, WALLIS lIIkIl ERMA M. WALLACE, Ih,ll/lll respectlvI ".1,., plllonal repr.l.ntaUv,., _ and asaIgna. 001._ TO: 1.1.._ Frtadandor JosaplI K11na . Horry FIoIdo. oo-partnara 01 CommonwoaIII1 R.a1ty Company M_k:a Trull ComoanY Erma 101, WoIlo aiIlI. Enni M. W......nd _ma raapoctlva halre. _a1 roprlHn1alIv.a. .UCCl..... and asa/gna NOTICE IS HEREBY GIVEN IlIaI on tho llIb doy 01 Janull/Y. 1994. tho above nomad PlaInIIla IHod a Complain, 10 OUIot m. .. .bova noIod agIInat you IoalIJng . Court Onlo, _log thai lI1ey own tha promlaaa baIow described In I.. almpl.. Ir.. and door 01 any and all I1oh'. .111.. Inl...II, dalm .. _ which you may ""'" In and '0 aaId pr.mIooa. The PIaIntlIla dalm 10 be tho ownera 01 aaId "'_ by Yirtuo of . deed doled July 14, 1982 from Donald 0, WI.... .. rooro partlcularly Nllorth In lho CompI.lnllled In 111. above acoon, The pr.mIooa In quesllon 10 aIIu.la In lho VIIlou. _ 01 Iola. ho..aiIer ..,orrad 10 In tho Plan 01 Lola 01 HarrIsbtlra Mano" aald plan being .- In 111. 0IlIc0I of tho _ of Dooda In and 101 Curmerlancf County In Plan Book 2. Page 50. Ittultlln the Township or lower Allen, County 01 Cumbortand and 51.10 01 Ponnaylvanla, ..Iollowa: ALL THOSE corIoln Iota 01 ground aIIu.led In varIoua _ 01 lola, h...lnaner ref.rred 10 In tho Plan of Lola 01 Harrisburg Manor, aald Plan boIno .-In tho 0IlIc0I of tho _ 01 Dooda In .nd I.. CumbortancI County, In Plan Book 2, Paga 50. alIual.1n tho TownahIp 01 ~ AIfan. County 01 Cumbo~and .nd Sial. 01 P.nnaylvanla, .. foIIowa: BEGINNING al a point located on tho ""alOm IIna 01 an unopanod TrtnIty Place. aaId poIn. allO being referenced as the southeast cotner at lot No.8. Block .p". on Ih, herekWler mentioued Plan 01 Lola: 1I10nc0 along lho """'ern llno 01 unopaned Trinity "'-. South lWenty,lIve dog.... filty.Un.. mlnut.a Easl (S 25' 53' EI, ona hundred twonty,lour and lolly one-hundrodlh. (124,40) feet to the nonhem Un. 01 Warrington Avenue: thence a1Cl!'tQ the northern line 01 Wanlngton Avenue, SouIl1 IIlIy.two _al.n mInutaa Will (S 52' 10' WI. one hundtad and two and 1oI1y. ai, one.hundredtha (102.4~) ,..110 aplpaon tho dividing llnobelwoon LotaNoa,12 and 13. BloCk .p., on the herelnaft.r mendoned Ptan 01 Loll; thence along said dividing line. North twwnty.&lx dogrees twonly..... mInu10a Wnl (N 26' 2.' W). one hundrad and lWenty'lour and nlnaloon..... hundredtha (1~4.19) loot 10 an Iron plpa ..tho _ oomorof Lo.No, 5. _"I"'. on tho hereinafter menUonod Plan of lots: thence. North IItty.two degre.. len m1nurll East (N 5zt ur EI, ona hundred and lI1r.. and torty.nlno ona-hundradlha (103.49) loot 10. poIn' being tho "'- 01 BEGINNING, BEING Lola Noa,13, 14. 15 and 18. Block 'P", on tho Plan 01 Harrlaburg Manor, ALSO uooponed Warrington A,enu. _I. botwaen Windsor Place .nd T~nlty "'- baing epprovlmaloly 2Il5 1..1 In r.ngth and 40 1..1 In w1dIl1, Th. PloIntllla also dalm tho right 0I1nor.... egress and regress over the nofthem twenty (20') leet 01 Warrington Avenue ..loCated betWeen Windsor PI... and TrInI1y Place being _imalely 2Il5 ,..1 "length and 2Il ,..I In wtdlI1, , YOU ARE FURTHER NOTIFIED th.llh. Court 01 Common PI... 01 Cumberl.nd County. PenNylvanla, haa ordered lha. _ olll1a ComoIolnl ba made upon 1.1.._ Frtadandat. Joseph Kline and Harry FIoIda and c:ommo.-aIlI1!laa/ly Coll'ClIIlY. . oo-partnorahlp oonaIalIna J ot Alexander Friedlander, Joseph Kline and Harry Fields, and Erma M. Wallis ....wa Erma M: WllItace and Mechank:a Tru.. Company. and lI101rlh. roapoctlva hoIra. paraona/ _tallvoa. IlIlJCC8UOr and .WoN, by .n Order doled January ~ 1994 which roqultaa lI1allhlo _ be published once In the Cumberfand County law Journal and once In a newspaper of general tlrculallon In Cumberland County, Pennsytvanla. It no answer 1& lied by aald Oefendanti whhln twenty (20) days from the dati 01 service hurlol, Ihe Court wI! be uked 10 enter a delault , \udamanl docraelng tholll1a PIoJnlllloln 11110 .ctIon ""'" -"'ad good and mal1latablelllfa 10 tho I herein described trad 01 land, Iree and dear of any and 811 deinw which any of you may 8II8ft I Bgaln&t saId preml.. and lurther, lhet the Court wtll be alkad 10 er1er. derauU Judgment _ lhallha PlaInUtla In lI1Io action have _Ired tho righ1 0I1ngma. _ and ragr... I over and 10 lho norlI1am lWenty (20') I.., of ~ Worrtngton Avanue .. Iocalad __ I Wlndsor PI... and Trinity Place, " IF YOU WISH TO DEFEND, YOU MUST ENTER A WRITTEN APPEARANCE PERSONAUY OR BY ATTORNEY AND ALE YOUR DEFENSES OR OBJECTIONS IN WRmNG WITH THE COURT. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT. WITHOUT FURTHER NOTICE, FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REOUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO AND OUT WHERE YOU CAN GET LEOAL HELP, Court AdmlnIotralor CUIl'borIand County Court _ FClUI1II Floor CarllaIo. Ponnaylvanla 17013 1717) 240-6200 FRANCIS A. ZUlli, ESOUlRE WIon, Zulli & S.1bert 109 Loou'I S~'" p, O. 80, .121 Ho'!fsburg, PA 17108 (7171232,1488 I 14 IS that he Is not Interested In the aforesaid notice or ,at all allegations In the IS to time, place and character . .. <?7ht.1.~",. I' -7% ~I t' :/23/94 Ibed before me this .19 94 24th .5/1ucu I t[) , .j)((2 ,?('f. 11 Notary Public res: .':"; ~l::;-: J<or.~JC":"Jllty r.h:lJ.::Y.l9".:J5 ;>.:laIJ:ll\ti~ f'~~'i 'II r, '; . 1 ..~.' . ,. r ' . ., I. t' f I , j .- - (}i~"" - ( ....." ~ ) c= ~ uGlIl ~"'''68IA~ LefttfS~ ","11<I HAYIlAII'~, Jt-IAW"I til68R" CUMb.dlnd~: 01 .... c..- bO" g.1I\IOd l/IOIft _ ~ 01 scrood o-~ Ih. J.n.a" "'~-l .- ScftOO' Oia",cl..' ....,..., 3 1190 ......... --, ~.-.o"'''''''''''''''':''oI'''D''''\.. ...Iy.ao:,::. ~. "7~~~..::'I23W"'~SUM'- ......tot ~';'.PA. . " ~~.I.,.otT. . ~.n"'" on T~tIE IoIARIE " ~A;re.ARME~itr~:"n.hIPotL:::: WARMEI'. tall 0 udcr:Pll'Y.P"":t:" ..- ~~j,.Q .....At.~y---....... ~ tIMI'~'II Al'lttDbI--- . _ ..-'-' ::.;.Mont~ ,.....~eo:-,;....... ~~.. p'...n' . -... .. -::d...... _no --- . . o/IIIh.... ...--ta:. .- - ~ dOT~~mr, . ~~.wUJAIoIS. .~ -~~~ ........ 1'- L ~ ........... oran" Vo-- p,,""" ,~ ,..s Cour"V.;s. ~... ,.,-" ~--=o. .......... ;;.o,w;no"'-~--' ,.. ....:ie-- ::,::;....... ... pro..... :'~."""~..: _Dr OOI!"'llo.~ J.u....-~ ~~$'\'; . . FJIll'o"!lI.l)aIouca ~ I,."~ ~:~,'-i EBOOF OF'el,lBLlCATJQM State of Pennsylvania, County of Cumberland. ss: Marian M. Welsh ofTHESENTINEL, of the County and State aforesaid, being duly sworn. deposes and says that THE SENTINEL. a newspaper of general clrculallon In the Borough of Carlisle, County and State aforesaId, was established December 13th, 1881, since which date THE SENTINEL has been regularly Issued In said County, and that the printed nollce or publica lion attached hereto Is exactly the same as was printed and published In the reular editions and Issues of THE SENTINEL on the following dates, vlz Copy of Notice of Publication -.-"" February 1, 1994 . ,~ .. Affiant further deposes that he Is not Interested In the subject matter of the aforesaid notice or advertisement, and that all allegations In the foregoing statement as to time, place and character of publication are true. ~ ' ". . ~, 'r ~I '1'"11.(> -' c....... IlRTSO!l. oWl ~ 0"0 AIlOfII!!! - - "'o/~i" ~ adJ NOTICE "~ . 2. '813......... ........ .......' ...oI\hol": Vf::-c~W J ' ~cYl'!\ undI'~. t:::'cof\lO'ollli ...~. ;.........' .~ 1(El' 2/23/94 Sworn to and subscribed before me this 24th day of February .19 94 v';zC1-eu-/ 0 , .J)tU/Jth7 Notary Public --::::: - elIJ on!~ ::;;i'jjoonl CQIlII! ~~.., IIIO""'~ ~~; Iild~ :,::. R~ SVOO";""I "';y"" ~..... .. iond..'l!: ....sEl... ~ My commission expires: ~ ~ :.;.,'n:;. _. i fJ\;;'~rI Co. (\;1~ I' n...:,\;; i'4,:::f: Ca~~n::o-; C'.':~h.;>.;1..1i'.jc.::..Jllty 1/!yC.vl':li:~':;...)I' E..A:r,.:rs F-ri). 27, 19'35 1IJa', '~i:,,,,,'U~aNaD'lell' - Proof of Publication of Notice in Cumberland Law Journal (Under Act No. 587, Approved May 16, 1929), P.L. 1784 5tate of Pennsylvania) : 55. County of Cumberland ) Roger M. Morgenthal, 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 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 4. 1994 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. ~;fIL---~ Roger M. Morgenthal Sworn and subscribed before me 04 FEBRUARY 94 this day of 19_____ )C\...... ". ? ~ ~ "t,~~ ) ~ ----~~~~~~~~X&:}~ \ JlJlICf. \I<N~ CQUllt'l'~l\U"\\~ ~. ,'/IIIJ CU~6H' s\Ili. ~~\\\v:> IA'I C;(llAlA" NonCIl In the Courl DC Common Picas or Cumberland Counly, Pennsylvania Civil AeUon-Qulel TIUe No. 175 Civil. 1994 DONALD 0, WILSON and EDWARD P. FETROW, PlalnUrrs vs. ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, eo.partners or COMMONWEALT:! REALTY COMPANY and MECHANICS TRUST COMPANY. and ERMA M. WALLIS. alkla ERMA M. WALLACE. Ihelr/lts respective heirs, personal reprcacntaUvca. successors and assigns. DeCendanla TO: Alexander Friedlander. Joseph Kline. Harry FIelds, co.parlners DC Commonwealth Really Com- pany, Meehanles Trust Com- pany, Erma M. Wallis, alkla Erma M. Wallace and Ihelrllla respeeUve helrs, personal repre- aentattvea. successors and as. signs NOTICE IS HEREBY OlVEN Ihal on Ihe 131h day oC January. 1994, Ihe above named P1alnUrrs DIed a Complalnl 10 Qulel TIUe as above noted agalnsl you seeking a Courl Order decreclng that Ihey own the premises below dcacrtbed In Cce sim- ple, li"ce and elcar orany and atlrlghl. Ulle, Interest, claim or demand which you may have In and 10 said prem- Isea. The PlalnUrrs claim 10 be Ihe owners DC said premises by vlrlue DC a deed daled July 14, 1982 Crom Donald D. Wilson, as more parUeu- larly sel Corth In Ihe Complalnl med In Ihe above aeUon, The preml... In question Is altu- ale In Ihe various bloeka oClota. here- aIIer rererred 10 In Ihe Plan or Lola oC Harrisburg Manor, said plan being recorded In the Omee DC Ihe Recorder DC Deeds In and ror Cumberland County In Plan Book 2, Page 00. sltuale In Ihe Township or Lower Al- Ien, Counly or cumberland and Stale or Pennsylvania, aa rollows: ALL THOSE cerlaln lola DC ground altualed In varloua bloeka DC lola, herelnaller reCerred 10 In Ihe Plan oC Lota or Harrisburg Manor, said Plan being recorded In Ihe Omee DC the Recorder or Deeda In and Cor Cum- berland County. In Plan Book 2, Page 50, aUuale In Ihe Township or Lower Allen, County oC cumberland and Slate DC Pennsylvania, aa Collowa: BEOINNINQ al a polntloc:aled on the western Hoc of an unopened TrInity Place, said polnl also being referenced as the southeast comer of Lot No.8, Block "Po, on Ihe herelnaf- ler menUoned Plan DC Lola: Ihence along Ihe weslern line or unopened TrInity Place. South twenly.Ove dc- greea RRy-three minutes EasllS 20" 03' El. one hundred lwenty-Cour and Corly one-hundredtha 1\24.401 Ccelto Ihe northern Itne or Warrington Ave- nue: thence along the northern Unc or Warrlnglon Avenue. Soulh ORy" two degrees len mlnulea WeatlS 02" 10' WI. one hundred and two and Corly-slx one-hundredlha (102.481 Ccel 10 a pipe on the dividing line belwccn Lota Noa. 12 and 13, Block .p., on the hereinafter mentioned Plan oCLola: Ihenee along said divid- Ing Itne. North lwenly-slx degrcca lwenly-one mlnules WeatIN 28" 21' WI. one hundred and twenly-Cour and nlneleen one-hundredtha 1\24- .191 Cecllo an Iron pipe atlhe sou th- weal corner DC LoI No. O. Block "po. on Ihe herelnaller menUoned Plan DC Lots: thence. North Rny-lwo degrcca len mlnutea EasllN 52" 10' El. one cumberland Nolle.. 3 hundred and Ihree and Corly-nlne one.hundredths 1\03.491 Ccel to a point being Ihe Place orBEOINNlNO. BEINO Lola Nos. 13. 14. 10 and 16. Block "po. on the Plan DC Harris- burg Manor. ALSO unopened Warrlnglon Ave- nue sltuale belwccn Windsor Place and Trtnlty Place being approxlmale- Iy 205 Ccetln length and 40 reet In wtdth. The PlalnltlTa also claim Ihe rlghl or Ingrcaa. egrcaa and regrcaa ovcr Ihe northern lwenly 120'1 rcel oC Warrington AVCIlue as located be- Iween Windsor Place and Trinity Place betng approximately 200 reetln length and 20 rcctln wtdlh. YOU ARE FURTHER NOTIFIED thai Ihe Courl or Common Picas DC CUmberland Counly, Pennsylvania. has ordered that service DC the Com- plaInt be made upon Alexander friedlander. Joseph Kline and Harry FIelds and Commonwealth Really Company, a co-partnership conslat- Ing DC Alcxander friedlander, Joseph Kline and Harry Flcldo, and Erma M. WaUlo, alkla Erma M. Wallace and Mechanics Trusl Company, and their Ilia respecUvc heirs. pcrsonal rcprcscntaUvca. aucccasor and as. olgno, by an Order dated JanualY 13th, 1994 which rcqulres thallhls NoUce bepubltshed once In Ihe Cum. berland Counly Law Journal and once In a newspapcr or general elrcu- lallon In Cumberland County, Penn- sylvania. Jr no answer Is DIed by said DeCcndanla within Iwenty 1201 days li"om the date DC service hcrcor. the Courl will be asked 10 enter a deCault Judgmenl dccrcctng Ihat Ihe Plain- UITs In Ihla aeUon havc acquired good and markelable IlUe 10 Ihe hercln described lracl onand. rrce and clear DC any and all clalmo which any or you may aaacrt agalnsl said premises and Curther, thai Ihe Court will be asked to enler a deCauU Judgment decreeing Ihat the P1alnUITs In Ihls aellon havc acquired Ihe rlghl DC In- gress. egress and regrcaa ovcr and 10 Ihe northern lwenly (20'1 Ccet DC un- opcned Warrington Avcnue as 10- ealed between Windsor Place and Trinity Plaec, IF YOU WISH TO DEFEND. YOU MUST ENTER A WRITTEN APPEAR- ANCE PERSONALLY OR BY ATTOR- NEY AND FILE YOUR DEFENSES OR OBJECTIONS IN WRIT1NO WITH THE COURT. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDOMENT MAY BE ENTERED AOAlNST YOU BY THE COURT. WITHOUT FURTHER NO- TICE, FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTH. ER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIOHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TOYOURLAWYERATONCE.IFYOU DO NOT HAVE A LAWYER OR CAN- NOT AFFORD ONE. 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP. Court Admlnlalrator Cumberland County Courl House Fourth Floor Carlisle. Pennsylvania 17013 (7171240-6200 FRANCIS A. ZULLI, ESQUIRE Wlon. Zulli a. Seibert 109 Locust Slrccl P.O. Box 1121 Harrisburg, PA 17108 17171232-1488 Feb. 4 4 cumberlaDd Noll... /~ III III .... .., >0 .... C j I ZE-< .... Ol OZ .., e:<: '1:l l>:'1:l ::0::::> '1:l C tLI C o c ::0::0 '" c .... Q Qj l>. Ol ~ ~ OU 0- Ol Ol Z .... E- ~l>. > l>. ::>., ::><:OZ H .., l!l Ii! O:z:> Qc.. tLI H"-O U....:I If'l Q 0 >0"- tLI >0 " QQ Z < :I:tIltll .... ....:Ie:<: <.-< Q>oe:<: E-<<Z << >< Ol He:<:tL1 tLIZ Z~ tLI l>.E-<Q Z....:ItLI 0 OQ ....:I .., t.r..Zc:Il:: Hc..c.. Z QtLI < Qj <tLI0 . MiR 1 !~~1 I' .f' " .. DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 175'" CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, and ERMA M. WALLIS a/k/a ERMA M. WALLACE, and their/its respective heirs, personal representatives, successors and assigns, Defendants CIVIL ACTION - LAW ORDER FOR SERVICE BY PUBLICATION AND NOW, this JJW day of January, 1994, upon presenta- tion and consideration of the within Motion, Plaintiffs are hereby granted leave to make service of the Complaint upon the above named Defendants, their/its respective heirs, personal representatives, successors and assigns, by publication one time in the Cumberland Law Journal and one time in a newspaper of general circulation in the County of Cumberland as provided by Pennsylvania Rille of Civil Procedure 430(b)(1) and (2) and Cumberland County Rules of Court 1009-1. BY THE COURT: ~61 Hd EE f: 'Il~ J. \llj'{'. ," I,,: J..l", ..,j G1i, ~~v :.c",rd~ ,:,1 j . . . DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 175' CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, and ERMA M. WALLIS a/k/a ERMA M. WALLACE, and their/its respective heirs, personal representatives, successors and assigns, Defendants CIVIL ACTION - LAW HOTION FOR SERVICE BY PUBLICATION AND NOW, this /.-::?<f') / day of January, 1994, an affidavit having been executed and filed herewith by Plaintiffs' attorney that the identities and whereabouts of the Defendants, Alexander Friedlander, Joseph Kline and !Iarry Fields, co-partners of Commonwealth Realty Company, Mechanics Trust Company and Erma M. Wallis a/k/a Erma M. Wallace, and their/its respective heirs, personal representatives, successors and assigns, are unknown to Plaintiffs and Plaintiffs' attorney. The Plaintiffs move Your Honorable Court for leave to serve the Complaint upon the said Defendants and their/its respective heirs, successors and assigns by publication in such manner as the Court shall direct as provided by Pennsylvania Rule of Civil Procedure 410, 430(b)(1) and (2) and Rules of the Court of Cumberland County, Rule 1009-1. Respectfully submitted, A. Zull ocust Stre Box 1121 sburg, PA 17108 232-1488 -2- DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, and ERMA M. WALLIS a/k/a ERMA M. WALLACE, and their/its respective heirs, personal representatives, successors and assigns, Defendants CIVIL ACTION - LAW AFFIDAVIT IN SUPPORT OF HOTION FOR SERVICE BY PUBLICATION Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Francis A. Zulli, Esquire, attorney for Plaintiffs in the within action, who being duly sworn according to law, depose and say that he has conducted a search of the records in the Cumberland County Court House, for the whereabouts of the Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company, Mechanics Trust Company and Erma M. Wallis a/k/a Erma M. Wallace, named in the Complaint and the whereabouts and identities of their/its heirs, personal representatives, successors or assigns of the said Defendants, which inclllde examination of the records in the Cumberland County Tax Assessment Office; Recorder of Deeds Office; Register of Wills Office; and examination of the Harrisburg area '. telephone directory; but such efforts have not produced information concerning the whereabouts of the Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, co- partners of Commonwealth Realty Company, Mechanics Trust Company and Erma M. Wallis a/k/a Erma M. Wallace. Furthermore, your affiant believes that due to the passage of time that the Defendants, Alexander Friedlander, Joseph Kline, Harry Fields and Erma M. Wallis a/k/a Erma M. Wallace, are dead. Furthermore, your affiant believes and avers that Mechanics Trust Company, formerly a banking institution, located in Harrisburg, Pennsylvania is no longer in existence as said information being obtained from the numerous quiet title actions that have previously been filed against Mechanics Trust Company in the Cumberland County Court of Common Pleas. Furthermore, your affiant believes and avers that Commonwealth Realty Company is no longer in existence as supported by the numerous quiet title actions that have been previously filed against Commonwealth Realty Company, a co- partnership consisting of Alexander Friedlander, Joseph Kline I and Harry Fields. Fra v NOTARIAL SEAL A~N J. LONG, Nolary P,blic Hmj,bccl, D"1~in e,enl" Pa. M, e,~~",,'n E'pns O,t. 30. 1995 @ :- zf-o 0>': :;:::> :;:0 OU U Cl u...Z 0< ...l f-I><<LLl.... :;:lCCZ OZ< U::>> U...l LLl :- :: "HIl f-<Z LLlZ z...lLLl ....0..0.. ..,. a> a> - I>< o t... ZZ 00 :- .... .... cQf-f- 0< t.IJ:;:U U .... ....""...l >CcQ I><tIl::>f- LLl 0...... CIlZ > 0:-< ~ .-q:Q Q Of- H ~<tLJt.L. UUt... Q:::HH< LLl...l> OcQl><"" D::::JWC Oo..CIltll j ~ ~m ~ ~ ~ ~!i~ ~. en..,.. l'; ~ !iii~ ~~~~~ ~ -, tIl "" .... c .... tIl ...1 ... . c z:;: '..1 OOtll CIlI><.... ...If-c.. HLLl :;:t... ...l .... > H U tIl I>< ... LLl C o tIl Z "" .., c ...l ClJ Cl .... LLl ClJ H 0 I>< t... I>< LLl Cl . Z ..,.... >: '" LLl ...l... .., ClJ tIl > . V) C' 00.. 00 ...ll>< ..,.., Z:;: 00 OLLl - o Z J", , ! . '.. ' J -- . . DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs Vs. . ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, co- partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, as Trustee, and ERM~ M. WALLIS a/k/a ERMA M. : WALLACE, and their/its : respective heirs, personal . : representatives, successors . and assigns, . Defendants~ '." IN THE COURT OF COMMON PLEAS CUMBERLAND COU~TY, PENNSYLVA~IA (7) NO. CIVIL, 1994 CIVIL ACTION - LAW .. NOT ICE 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 OR CANNOT AFFOFD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 249-1133 NOT I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las . . . , . . paqinas siquientes, usted ti~na viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por aboqado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra ~~ su persona. Sea avisado que si usted no se defiende, ta corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. ~ LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAHENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 249-1133 -~ . . " " DONALD D. WILSON and EDWARD P. FETROW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. /1) CIVIL, 1994 ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY, as Trustee, and ERMA M. WALLIS a/k/a ERMA M. WALLACE, aRd their/its respective heirs, personal representatives, successors and assigns, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiffs, Donald D. Wilson and Edward P. Fetrow, by and through their attorneys, Wion, Zulli & Seibert, and pursuant to the Pennsylvania Rules of Civil Procedure No. 1061 et seq., files this action to quiet title against the above named Defendants, their respective heirs, personal representatives, successors and assigns, to quiet title to a tract of land hereinafter described. 1. The Plaintiff, Donald D. Wilson, is an adult individual, who currently resides at 513 Ninth Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Plaintiff, Edward P. Fetrow, is an adult individual, who currently resides at 5016 Wood box Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant, Alexander Friedlander, was an adult individual, whose present whereabouts is unknown and may be presumed to be dead due to the passage of time. 4. The Defendant, Joseph Kline, was an adult individual, whose present whereabouts is unknown and may be presumed to be dead due to the passage of time. 5. The Defendant, Harry Fields, was an adult individual, whose present whereabouts is unknown and may be presumed to be dead due to the passage of time. 6. The Defendants, Alexander Friedlander, Joseph Kline and Harry Fields, were co-partners tla Commonwealth Realty Company. 7. The Defendant, Mechanics Trust Company, was formerly a banking institution, having offices in Harrisburg, Dauphin County, Pennsylvania, which to Plaintiffs' knowledge and infor- mation is no longer in existence. 8. The Defendant, Mechanics Trust Company, served as Trustee -2- . . . , for Alexander Friedlander, Joseph Kline and Harry Fields, co- partners t/a Commonwealth Realty Company. Said trust was established in a deed from Alexander Friedlander, et ux., Joseph Kline, et ux., to Mechanics Trust Company dated September 8, 1925 and recorded in Cumberland County Deed Book D-10, Page 219. 9. The Defendant, Erma M. Wallis a/k/a Erma M. Wallace, was an adult individual, whose present whereabouts is unknown and may be presumed to be dead due to the passage of time. 10. The Plaintiffs by deed dated July 14, 1982 and recorded in Cumberland County Deed Book V-29, Page 732, acquired title to Lots #13, 14, 15 and 16, Block "pH, on the Plan of Harrisburg Manor recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, Page 50 from the Grantor in said deed, Donald D. Wilson, one of the Plaintiffs herein. The real estate in question is more particularly described as follows, to wit: ALL THOSE certain lots of ground situated in various blocks of lots, hereinafter referred to in the Plan of Lots of Harrisburg Manor, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 2, Page 50, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, as follows: BEGINNING at a point located on the western line of an unopened Trinity Place, said point also being referenced as -3- : the southeast corner of Lot No.8, Block "pH, on the hereinafter mentioned Plan of Lots; thence along the western line of unopened Trinity Place, South twenty-five degrees fifty-three minutes East (S 250 53' E), one hundred twenty-four and forty one-hundredths (124.40) feet to the northern line of Warrington Avenue; thence along the northern line of Warrington Avenue, South fifty-two degrees ten minutes West (S 520 10' W), one hundred and two and forty-six one-hundredths (102.46) feet to a pipe on the dividing line between Lots Nos. 12 and 13, Block "pH, on the hereinafter mentioned Plan of Lots; thence along said dividing line, North twenty-six degrees twenty-one minutes West (N 260 21' W), one hundred and twenty-four and nineteen one-hundredths (124.19) feet to an iron pipe at the southwest corner of Lot No.5, Block "pH, on the hereinafter mentioned Plan of Lots; thence, North fifty-two degrees ten minutes East (N 520 10' E), one hllndred and three and forty- nine one-hundredths (103.49) feet to a point being the Place of BEGINNING. BEING Lots Nos. 13, 14, 15 and 16, Block "pH, on the Plan of Harrisburg Manor. 11. The Plaintiff, Donald D. Wilson, acquired title to Lots 13, 14, 15 and 16, Block "PH on the Plan of Harrisburg Manor, more particularly described in paragraph ten above, from John R. Greene Associates by deed dated September 19, 1980 and recorded in Cumberland County Deed Book C-29, Page 920. 12. The Plaintiff's predeceasor in title, John R. Greene Associates, acquired title to Lots 13, 14, 15 and 16, Block "pH, Plan of Harrisburg Manor, by a deed from Ivan J. Roth and Julie A. Roth, his wife, dated October 10, 1973 and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book J-25, Page 892. -4- 13. The Plaintiff's predeceasor in title, Ivan J. Roth and Julie A. Roth, his wife, acquired title to Lots #13 and 14, Block "p", of Harrisburg Manor Development, Lower Allen Township, Cumberland County, Pennsylvania, a portion of the property described in paragraph ten above by a deed from Hewitt J. Myers, widower, dated September 22, 1964 and recorded in Cumberland County Deed Book J-21, Page 400. 14. The Plaintiff's predeceasor in title, Hewitt J. Myers, widower, acquired title to Lots #13 and 14, Block "P", of Harrisburg Manor Development, a portion of the property described in paragraph ten above by a deed from W.W. Jeffries and Nora Jeffries, his wife, dated March 19, 1963 and recorded in the Office of the Recorder of Deeds of Cumberland County in Book U, Volume 20, Page 371. 15. The Plaintiff's predeceasors in title, William A. Jeffries and Ida A. Jeffries, acquired title to Lots #13 and 14, Block "P", of Harrisburg Manor Development, a portion of the property described in paragraph ten above, by a deed from Mechanics Trust Company, Trustee for Alexander Friedlander, Joseph Kline and Harry Fields, co-partners of Commonwealth Realty Company by deed dated March 22, 1928. Said deed was never recorded in the Recorder of Deeds Office of Cumberland County -5- but was set forth in the recital of a deed from W.W, Jeffries, et UX., to Hewitt J. Myers as set forth in paragraph fourteen above. The Plaintiff's predeceasor in title, John R. Greene Associates, quieted title against William A. Jeffries and Ida A. Jeffries ann the Mechanics Trust Company, its successors and assigns, by a civil action instituted in the Court of Common Pleas of Cumberland County to No, 2543 Civil, 1978. 16. The Plaintiffs aver that the deed from W.W. Jeffries and Nora Jeffries, his wife, to Hewitt J. Myers dated March 19, 1963 and recorded in the Office of the Cumberland County Recorder of Deeds Office in Deed Book U, Volume 20, Page 371, recites the death of both William A. Jeffries and Ida A. Jeffries and indicates that two children, M. Lulu Myers and W. Wayne Jeffries, survived their parents. This deed further recites that M. Lulu Myers died June 23, 1951 leaving two children, Hewitt J. Myers and Erma M. Wallace alkla Erma M. Wallis. The aforesaid deed further recites that Hewitt J. Myers and Erma M. Wallace alkla Erma M. Wallis assigned their interest in Lots #13 and 14, Block "P", Harrisburg Manor Development, a portion of the property described in paragraph ten above, to W.W. Jeffries and Nora Jeffries, his wife. No assignment of such an interest appears of record thus indicating -6- that Erma M. Wallace alkla Erma M. Wallis may possess an interest in the above described tract of land. 17. The Plaintiffs are in possession of Lots 113 and 14, Block "P", Harrisburg Manor Development, a portion of the tract of land described in paragraph ten above. 18. The Defendants are not in possession of Lots #13 and 14, Block "p", Harrisburg Manor Development, a portion of the tract of land described in paragraph ten above and have asserted no claim or right to this tract of land. COUNT I DONALD D. WILSON and EDWARD P. FETROW Vs. ERMA M. WALLIS alkla ERMA M. WALLACE 19. The averments of paragraphs one (1) through eighteen (18) are incorporated herein by reference thereto as if set forth in their entirety. 20. The Plaintiffs aver that after a diligent search of the records of the Recorder of Deeds Office of Cumberland County, they were unable to locate either a deed or an assignment dated July 23, 1951 wherein Hewitt J. Myers and Erma M. Wallace alkla -7- f".,n_".. 0_' Erma M. Wallis, one of the Defendants herein, assigned their interest in Lots '13 and 14, Block "p", Harrisburg Manor Development, a portion of the property described in paragraph ten above to W.W. Jeffries and Nora Jeffries, his wife. 21. The Plaintiffs aver that the lack of an assignment or conveyance from Erma M. Wallace a/k/a Erma M. Wallis to Plaintiff's predeceasor in title, W.W. Jeffries and Nora Jeffries, his wife, of Lots #13 and 14, Block "P", Harrisburg Manor Development, a portion of the tract of land described in paragraph ten above, creates a cloud upon the title of Lots #13 and 14, Block "p", Harrisburg Manor Development. 22. The Plaintiffs claim ownership to Lots #13 and 14, Block "P", Harrisburg Manor Development, a portion of the property referred to in paragraph ten above and aver and believe that clear title to this tract of land cannot be established unless an action in ejectment is instituted by the Defendant named in this Count to assert any right, title or claim in the above referred to tract of land. WHEREFORE, Plaintiffs pray Your Honorable Court for relief as follows: (a) A judicial determination that, unless the Defendant, -8- Erma M. Wallace a/k/a Erma M. Wallis, or her heirs, personal representatives, successors or assigns, commence an action of ejectment against the Plaintiffs within thirty (30) days after notice as provided in Pennsylvania Rules of Civil Procedure No. 1066(b)(1), the Defendant named herein or any- one claiming through her, are forever barred from asserting any right, title, lien or interest in Lots 13 and 14, Block "pH, in the Plan of Harrisburg Manor, Lower Allen Township, Cumberland County, Pennsylvania, inconsistent with the interest or claim of the Plaintiffs as set forth in this Complaint. (b) A judicial determination that the Defendant, Erma M. Wallace a/k/a Erma M. Wallis, and all individllals claiming through her, be forever barred from asserting a right, title or interest against the Plaintiffs upon the real estate known as Lots 13 and 14, Block "PH, of the Plan of Harrisburg Manor, Lower Allen Township, Cumberland County, Pennsylvania. (c) A judicial determination that the Plaintiffs are the fee simple owners of the lots known and numbered as Lots 13 and 14, Block "pH, of the Plan of Harrisburg Manor, Lower Allen Township, Cumberland County, Pennsylvania, free and clear of any and all right, title, interest, claim or demand of the Defendant, Erma M. Wallace a/k/a Erma H. Wallis, her heirs, personal representatives, successors and assigns. -9- . . . , (d) Such other relief as the Court may deem necessary and proper to perfect title of the Plaintiffs. COUNT II DONALD D. WILSON and EDWARD P. FETROW ALEXANDER FRIEDLANDER, JOSEPH KLINE and HARRY FIELDS, co-partners of COMMONWEALTH REALTY COMPANY and MECHANICS TRUST COMPANY Vs. 23. The averments of paragraphs one (1) through eighteen (18) are incorporated herein by reference thereto as if set forth in their entirety. 24. The Plaintiffs aver that their predeceasor in title, Mechanics Trust Company, acquired title to a tract of land located in Lower Allen Township, Cumberland County, Pennsylvania containing 31 acres and 35 perches of which the land owned by the Plaintiffs described in paragraph ten above is a part of, from a deed dated September 8, 1925 and recorded in Cumberland County Deed Book D, Volume 10, Page 219 from the Defendants, Alexander Friedlander and Anna Friedlander, his wife, and Joseph Kline and May Kline, his wife. 25. The Plaintiffs aver that the Mechanics Trust Company as Trustee for the Defendants, Alexandpr Friedlander, Joseph Kline -10- . . and Harry Fields, co-partners of Commonwealth Realty Company, laid out numerous lots in the Plan of Harrisburg Manor, Lower AlleR Township, Cumberland County, Pennsylvania. The lots in question owned by Plaintiffs known as Lot Nos. 13, 14, 15 and 16, Block "P" are a part of the Plan of Harrisburg Manor. 26. The Plaintiffs aver that the Plan of Harrisburg Manor recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 2, Page 50, refers to various streets and roads within said Plan, one of such streets being Warrington Avenue. 27. The Plaintiffs aver that Warrington Avenue is an unopened street abutting Plaintiffs' tract of land known as Lots 13, 14, 15 and 16, Block "P", of the Plan of Harrisburg Manor; said street being located between the street known as Windsor Place and the street known as Trinity Place. 28. The Plaintiffs aver that the said Warrington Avenue is located between Windsor Place and Trinity Place is an unopeRed street of approximately 40 feet in width. 29. The Plaintiffs aver that their real estate known as Lots -11- 32. The Plaintiffs aver and believe that it is necessary for them to obtain access to their property, the subject of this quiet title action, namely, Lots 13, 14, 15 and 16, Block "PH, by way of unopened Warrington Avenue from the street known as Windsor Place which has been dedicated and accepted by Lower Allen Township and is a street of public use. 13, 14, 15 and 16, Block "PH, does not abut a street that is dedicated to public use. 30. The Plaintiffs aver that the said Warrington Avenue located between Windsor Place and Trinity Place is an unopened street that has never been dedicated to the municipality known as Lower Allen Township or if it was ever dedicated to the said municipality, it was never accepted as a public street by Lower Allen Township. 31. The Plaintiffs aver and believe that title to unopened Warrington Avenue that is located between Windsor Place and Trinity Place remains in the original developers, namely, the Defendants named herein. 33. The Plaintiffs aver and believe that in order to obtain access to their lots, the subject of this law suit, Plaintiffs -12- must quiet title to any interest in unopened Warrington Avenue between Windsor Place and Trinity Place as against the Defendants named herein. 34. The Plaintiffs aver and believe that they are entitled to ingress, egress and regress over unopened Warrington Avenue as located between Windsor Place and Trinity Place as a matter of right resulting from their ownership of the above described tract of land being Lots 13, 14, 15 and 16 of Block "P" since that tract is a part of the Harrisburg Manor Plan of Lots. 35. The Plaintiffs aver that they have submitted a development plan for Lots 13, 14, 15 and 16 which has been approved by Lower Allen Township and other municipal agencies; said plan is recorded in Cumberland County Plan Book 60, Page 134. 36. The Plaintiffs are seeking to quiet title as against the Defendants named in this Count of their interest in unopened Warrington Avenue located between Windsor Place and Trinity Place. Said Warrington Avenue in said location is approximately 205 feet in length and 40 feet in width, and is located in the Plan of Harrisburg Manor, Lower Allen Township, Cumberland County, Pennsylvania. -13- , ' 37. The Defendants are not in possession of unopened Warrington Avenue as described in paragraph thirty-six above, and said Defendants have not asserted any claim or right to this tract of land known as unopened Warrington Avenue. 38. The Plaintiffs seek access and the right of ingress, egress and regress to their real estate described in paragraph ten above by cloiming the use of twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place. 39. The Plaintiffs claim a right of ingress, egress and regress over the northern twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place as against the herein named Defendants. 40. The Plaintiffs believe and aver that their clear right of ingress, egress and regress to unopened Warrington Avenue as described in paragraph thirty-six above cannot be established unless an action in ejectment is instituted by the herein named Defendants to assert any right or title claim in unopened Warrington Avenue as described above. WHEREFORE, Plaintiffs pray Your Honorable Court for relief as follows: -14- -15- . . (a) A judicial determination that unless the Defendants named in Count II herein, or any of them or anyone claiming through them, commence an action of ejectment against the Plaintiffs within thirty (30) days after notice as provided in Pennsylvania Rules of Civil Procedure No. 1066(b)(1), the Defendants named in this Count, are forever barred from denying any right, title, interest or access in and to the Plaintiffs' use of the northern twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place in Lower Allen Township, Cumberland County, Pennsylvania, inconsistent with the interest or claim of the Plaintiffs as set forth in this Complaint. (b) A judicial determination that the Plaintiffs have an uninterrupted right and use for ingress, egress and regress to the northern twenty (20') feet of Warrington Avenue as located between Windsor Place and Trinity Place so that Plaintiffs have the free and uninterrupted right of access to their real estate as described in paragraph ten above. Respectfully submitted, 17108 . . . ' (c) Such other relief as the Court may deem necessary and proper to perfect the title of the Plaintiffs. -16- . I verify that the statements made in this COMPLAINT are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. lJp/lf. 0 "j~ () .~ k"" ~"O, ~ ward P. J,uw ~ .)... t"( ...,." '" ~ l '" .::J- -- t ~ ; i ~ .."... ....... en ~~ '1j ~ "-. -, V = " '" <J --r . ;J ~ ~ . \1) 0 .;:) ':;) - .;.: ...} oJ ~ lr) if) , . 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