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COMMONWEALTH OF PENNSYLVANIA
COURTHOUSE
I COURTHOUSE SQU,\AE
C,lRLISlE, PA,
17013'3387
HAR~LD It, SHEELY
I'flUllKNT JUDGE
1717. a~allO
April 11, 1995
William C. Dissinger, Bsquire
400 South State Road
Marysville, Pa. 17053
IN RB: BACH V. MYERS
Dear Mr. Dissinger:
Please file a copy of the advertisement in The Evening
Sentinel and Law Journal and see that it gets to my office. I
will then release the file with the order signed as requested.
v~r truly YOU~B,
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H rold E. sheeL.
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JAMES M. BACH,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I
I
I
I
I
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I
OF CUMBERLAND COUNTY
vs.
HELEN MYERS, and
STEWART E. MYERS, their
heirs, personal
representatives, successors,
and assigns and all persons,
firms, corporations or
associations claiming right, I
title or interest for or underl
them, generally,
PENNSYLVANIA
CIVIL ACTION - LAW
Defendants NO,
NOT I C !l
T 0
DEFEND
You have been sued in court, If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections
to the claims set forth against you, You are warned that if you
fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WI/ERE YOU CAN GET LEGAL HELP,
Cumberland County Court House,
Court Administrator
1 Courthouse Square
CarliSle, PA 17013-3387
'117-240-6200
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,.) IL d {UUI1_ C ,{ /qj.,l}( '<'1(1..'
W 11 am C, 0 ss nger J
A torney for Plaintiff
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BEGINNING at a point on the Western line of the
Williams Grove Road at corner of lands nor or late
of charles L. Keim and Retha M. Keims, his wife;
THENCE along said lands of Keim South seventy (70)
degrees thirty (30) minutes West two hundred five
(205) feet to a point on the line of lands now or
late of Elmer H. Potteiger; THENCE along said
Potteiger lands south seven (7) degrees forty-five
(45) minutes East seventy five (75) feet, more or
less, to a point on the lands nor or late of Earl
Adams; THENCE along said lands now or late of Adams
North seventy one (71) degrees East two hundred
five (205) feet to the Williams Grove Road; THENCE
along the Western line of the Williams Grove Road
North eight (8) degrees thirty (30) minutes West
seventy five (75) feet, more or less, to the point
or place Qf BEGINNING.
BEING the same premises which Frederick G.
Vogelsong and shirley E. Vogelsong, his. wife, by
Deed dated September 17, 1954, and recorded in the
Cumberland county Recorder's office in Deed Book A,
Volume 16, Page 138, Granted and conveyed unto
Ellis Hummel, . , ,
5. On April 3, 1945, the hereinabove described property was
granted and conveyed by Richard C. Myers and Emma C, Myers to
Defendant Helen Myers, Said conveyance is recorded in Cumberland
county Deed Book 12, Volume Y, Page 161,
6, On February 28, 1953, the hereinabove described property
was granted and conveyed by Defendant Helen Myers and Stewart E.
Myers to Frederick G, Vogelsong and Shirley E. Vogelsong, Said
conveyance was not recorded, nor is the whereabouts of said deed
known,
7, On september 17, 1954, the hereinabove described
property was granted and conveyed by Fr.ederick G, vogelsong and
Shirley E. Vogelsong to Ellis Hummel and Pauline J, Hummel, Said
conveyance is recorded in Cumberland County Deed Book A, Volume
16, Page 138,
8, On May 17, 1958, the hereinabove described property was
granted and conveyed by Ellis Hummel and Pauline J, Hummel to
Charles W. Pomeroy and Freda K.
recorded in cumberland County Deed
Pomeroy. Said
Book A, Volume
conveyance is
20, Page 217.
9, on January 3, 1994, the hereinabove described property
was granted and conveyed by the Estate of Freda K. Pomeroy to
James M. Bach (Plaintiff herein). said conveyance is recorded in
cumberland County Deed Book X;; , Page <'{ Cf' "\-.
10. As a direct result of the unrecorded February 28, 1953
conveyance of the property described in paragraph 6. from
Defendant lIelen Myers and Stewart E. Myers to Fredrick G.
Vogelsong and Shirley E. Vogelsong, and the gap in title between
Emma Myers and lIelen and Stewart E. Myers, there is a cloud on the
chain of title to the hereinabove described property,
11, Plaintiff and his predecessors in title and in
possession have been in actual, continuous and exclusive, visible,
notorious, distinct and hostile possession of the her~inabove
descdbed property for a period in excess of twenty-one (21)
years.
12, Our ing the period of time described 1n paragraph 11.
above no one has brought an action in ejectment or any other
action to determine title or possessory rights in and to the
hereinabove described property,
WIIEREFORE, Plaintiff prays this honorable court to enter an
order:
a, Declaring Plaintiff, James M, Bach, to be the
owner, in fee simple, of the hereinabove described
property, subject to encumbrances of record and
rights of others that may be visible on the
property,
b, Barring Helen Myers and Stewart E, Myers, their
heirs, personal representatives, successors and
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, JAMES M. BACH/
Plaintitt
MAr; ,: 1 1~95
I,'
I IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
vs.
HELEN MYERS, and
STEWART E. MYERS, their
heirs, personal PENNSYLVANIA
representatives, successors/
and assigns and all persons/
firms, corporations or
associations claiming right, CIVIL ACTION - LAW
title or interest for or under
them, generally,
Defendants NO, 94-4928 civil Term
ORDER
AND NOW, this day of / 1995/
an affidavit of service of the complaint with notice to plead
having been filed, and no answer having been made by defendants,
upon consideration of the motion of plaintiff pursuant to Pa,
R.C.P. No. 1066(a), it is hereby ORDERED that a judgement by
default be entered against defendants Helen Myers and Stewart E,
Myers and any person claiming under defendants be permanently
enjoined and restrained from asserting any claim or interest in or
to the fOllowing real property or any part thereof:
ALL THAT certain lot of ground situate in the
Township of Monroe, County of Cumberland and State
of Pennsylvania, more particularly bounded and
described as follows, to-wit:
BEGINNING at a point on the Western line of the
Williams Grove Road at corner of lands nor or late
of Charles L, Keim and Retha M. Keirns, his wife;
THENCE along said lands of Keim South seventy (70)
degrees thirty (30) minutes West two hundred five
(205) feet to a point on the line of lands now or
late of Elmer H, Potteiger; THENCE along said
Potteiger lands south seven (7) degrees forty-five
(45) minutes East seventy five (75) feet, more or
less, to a point on the lands nor or late of Earl
JAMES M. BACII,
plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUN'fY
vs,
IIELEN MYERS, and
STEWART E. MYERS, their
heirs, personal PENNSYLVANIA
representatives, successors,
and assigns and all persons,
firms, corporations or
associations claiming right, I CIVIL ACTION - LAW
title or interest for or under:
them, generally, :
Defendants NO,
COMPLAINT IN OUImT TIT~
1.
plaintiff, James M,
of the commonwealth
S ') (,,-,,"'1...) ij..' \ \
Bach, is an adult indi vidua 1, a
of Pennsylvania, who resides at
~<"" 0 ,A. '" .....-.~ " t "^j l'.t.!...!pJ5
, I
citizen
l~{
2, Defendants are lIelen Myers and stewart E. Myers, their
heirs, personal representatives, successors and assigns and all
persons, firms, corporations or associates claiming right, title
or interest for or under them, generally,
3, The current residence or whereabouts of lIelen Myers or.
stewart E, Myers is unknown,
4, This Complaint in Quiet Title arises from and concerns
a particular piece of real estate, situate in Monroe TownShip,
Cumberland county, Pennsylvania, more fully described as follows:
ALL TIIAT certain lot of ground situate in the
Township of Monroe, county of Cumberland and State
of Pennsylvania, more particularly bounded and
described as follows, to-wit:
BEGINNING at IS point on the Western line of the
willi~ms Grove Road at corner of lands nor or late
of Charles L. Keim and Retha M. Keims, his wife,
THENCE along said lands of Keim South seventy (70)
degrees thirty (30) minutes West two hundred five
(205) feet to a point on the line of lands now or
late of Elmer H. Potteiger, THENCE along said
Potteiger lands South seven (7) degrees forty-five
(45) minutes East seventy five (75) feet, more or
less, to a point on the lands nor or late of Earl
Adams, THENCE along said lands now or late of Adams
North seventy one (71) degrees East two hundred
five (205) feet to the Williams Grove Road, THENCE
along the Western line of the Williams Grove Road
North eight (8) degrees thirty (30) minutes West
seventy five (75) feet, more or less, to the point
or place Qf BEGINNING.
BEING the same premises which Frederick G.
Vogelsong and shirley E. Vogelsong, his wife, by
Deed dated September 17, 1954, and recorded in the
Cumberland county Recorder's Office in Deed Book A,
Volume 16, Page 138, Granted and conveyed unto
Ellis Hummel, . . ,
5. On April 3, 1945, the hereinabove described property was
granted and conveyed by Richard C. Myers llnd Emma C, Myers to
Defendant Helen Myers, Said conveyance is recorded in Cumberland
County Deed Book 12, Volume Y, Page 161.
6, On February 28, 1953, the hereinabove described property
was granted and conveyed by Defendant Helen Myers and Stewart E,
Myers to Frederick G, Vogelsong and Shirley E, Vogelsong. Said
conveyance was not recorded, nor is the whereabouts of said deed
known,
7, On September 17, 1954, the hereinabove described
property was granted and conveyed by Frederick G, Vogelsong and
Shirley E, Vogelsong to Ellis Hummel and Pauline J, Hummel. Said
conveyance is recorded in Cumberland County Deed Book A, Volume
16, Page 138,
8, On May 17, 1958, the hereinabove described property was
granted and conveyed by Ellis Hummel and Pauline J. Hummel to
charles W. Pomeroy and Freda K.
recorded in cumberland county Deed
Pomeroy. Sa id conveyance is
Book A, Volume 20, Page 217.
9. On January 3, 1994, the hereinabove described property
was granted and conveyed by the Estate of Freda K. pomeroy to
James H. Bach (Plaintiff herein), Baid conveyance i. recorded in
cumberland county Deed Book '~. , Page q C'j' 'i-'
10, As a direct result of the unrecorded February 28, 1953
conveyance of the property described in paragraph 6. from
Defendant Helen Hyers and Stewart E. Hyers to Fredrick G.
Vogelsong and Shirley E, Vogelsong, and the gap in title between
Emma Hyers and lIelen and Stewart E, Hyers, there is a cloud on the
chain of title to the hereinabove described property.
11. Plaintiff and his predecessors in title and in
possession have been in actual, continuous and exclusive, visible,
notorious, distinct and hostile possession of the hereinabove
described property for a period in excess of twenty-one (21)
years,
12, During the period of time described in paragraph 11.
above no one has brought an action in ejectment or any other
action to determine title or possessory rights in and to the
hereinabove described property,
WHEREFORE, Plaintiff prays this honorable court to enter an
order:
a, Declaring Plaintiff, James M. Bach, to be the
owner, in fee simple, of the hereinabove described
property, subject to encumbrances of record and
rights of others that may be visible on the
property,
b, Barring lIelen Myers and Stewart E, Myers, theIr
heirs, personal representatives, successors and
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MAR 2 7 1l/l/5
J..
JAMES M. BACH, I
Plaintiff I
I
I
I
vs. I
I
HELEN MYERS, and I
STEWART E. MYERS, their I
heirs, personal I
representatives, successors, I
and assigns and all persons, I
firms, corporations or I
associations claiming right, I
title or interest for or under:
them, generally, I
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND cOUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
Defendants
I NO. 94-4928 civil Term
ORDER
AND NOW, this day of , 1995,
an affidavit of service of the complaint with notice to plead
having been filed, and no answer having been made by defendants,
upon consideration of the motion of plaintiff pursuant to Pa.
R,C.P. No. 1066(a), it is hereby ORDERED that a judgement by
default be entered against defendants Helen Myers and stewart E,
Myers and any person claiming under defendants be permanently
enjoined and restrained from asserting any claim or interest in or
to the following real property or any part thereof:
ALL THAT certain lot of ground situate in the
Township of Monroe, county of Cumberland and state
of Pennsylvania, more particularly bounded and
described as follows, to-wit:
BEGINNING at a point on the Western line of the
Williams Grove Road at corner of lands nor or late
of Charles L, Keirn and Retha M. Keirns, his wife;
THENCE along said lands of Keim South seventy (70)
degrees thirty (30) minutes West two hundred five
(205) feet to a point on the line of lands now or
late of Elmer H, Potteiger; THENCE along said
Potteiger lands South seven (7) degrees forty-five
(45) minutes East soventy five (75) feet, more or
less, to a point on the lands nor or late of Earl
BEGINNING at a point on the Western line of the
Williams Grove Road at corner of lands nor or late
of Charles L. Keim and Retha H. Keims, his wife;
THENCE along said lands of Keim South seventy (70)
degrees thirty (30) minutes West two hundred five
(205) feet to a point on the line of lands now or
late of Elmer H. potteiger; THENCE a long said
Potteiger lands South seven (7) degrees forty-five
(45) minutes East seventy five (75) feet, more or
less, to a point on the lands nor or late of Earl
Adamsl THENCE along said lands now or late of Adams
North seventy one (71) degrees East two hundred
five (205) feet to the Williams Grove Road; THENCE
along the Western line of the Williams Grove Road
North eight (8) degrees thirty (30) minutes West
seventy five (75) feet, more or less, to the point
or place qf BEGINNING,
BEING the slime premises which Frederick G.
Vogelsong and Shirley E. Vogelsong, his wife, by
Deed dated September 17, 1954, and recorded in the
Cumberland county Recorder's Office in Deed Book A,
Volume 16, Page 138, Granted and conveyed unto
Ellis Hummel, , . .
5. On April 3, 1945, the hereinabove described property was
granted and conveyed by Richard C, Hyers and Emma C. Hyers to
Defendant Helen Myers. Said conveyance is recorded in Cumberland
county Deed Book 12, Volume V, Page 161,
6. On February 28, 1953, the hereinabove described property
was granted and conveyed by Defendant Helen Myers and Stewart E.
Myers to Frederick G, Vogelsong and Shirley E, Vogelsong, Said
conveyance was not recorded, nor is the whereabouts of said deed
known,
7. On September 17, 1954, the hereinabove described
property was granted and conveyed by Frede~ick G, vogelsong and
Shirley E. Vogelsong to Ellis Hummel and Pauline J. Hummel, said
conveyance is recorded in cumberland county Deed Book A, Volume
16, Page 138,
8, On May 17, 1958, the hereinabove described property was
granted and conveyed by Ellis Hummel and Pauline J. Hummel to
Charles W.
recorded in
Pomeroy and Freda K.
Cumberland county Doed
Pomeroy. Said
Book A, Volume
conveyance is
20, Page 217.
9. On January 3, 1994, the hereinabove described property
was granted and conveyed by the Estate of Freda K. Pomeroy to
James H, Bach (Plaintiff herein). said conveyance is recorded in
cumberland county Deed Book~' , Page (( ~"t-.
10. As a direct result of the unrecorded February 28, 1953
conveyance of the property described in paragraph 6. from
Defendant Helen Hyers and stewart E. Hyers to Fredrick G.
Vogelsong and shirley E, Vogelsong, and the gap in title between
Emma Hyers and Helen and stewart E. Myers, there is a cloud on the
chain of title to the hereinabove described property.
11. Plaintiff and his predecessors in title and in
possession have been in actual, continuous and exclusive, visible,
notorious, distinct and hostile possession of the hereinabove
described property for a period in excess of twenty-one (21)
years,
12, During the period of time described in paragraph 11.
above no one has brought an action in ejectment or any other
action to determine title or possessory rights in and to the
hereinabove described property.
WHEREFORE, Plaintiff prays this honorable court to enter an
order:
a, Declaring Plaintiff, James M. Bach, to be the
owner, in fee simple, of the hereinabove described
property, subject to encumbrances of record and
rights of others that may be visible on the
property.
b, Barring Helen Myers and stewart E. Myers, the!r
heirs, persona 1 representatives, successors and
VlllrlOATION
I, James M. Bach, verify that the statements made in this
complaint to Quiet Title are true and correct. I understand that
false statements herein are made subject to the penalties of 18
Pa.C.S. 54904, relating to unsworn falsification to authorities.
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BEGINNING at a point on the We.tern line or the
Williame Grove Road at corner or land. nor or late
or Charles L. Keim and Retha M. Keim., hi. wire;
THENCE along .aid lands ot Keim South seventy (70)
degree. thirty (30) minute. West two hundred rive
(205) feet to a point on the line of lands now or
late ot Elmer H. potteiger; THENCE along said
Potteiger lands South seven (7) degree. torty-tive
(45) minutes East seventy five (75) teet, more or
less, to a point on the lands nor or late of Earl
Adam.; THENCE along said lands now or late of Adam.
North seventy one (71) degrees East two hundred
tive (205) teet to the Williams Grove Road; THENCE
along the Western line ot the Williams Grove Road
North eight (8) degrees thirty (30) minutes w...t
seventy five (75) teet, more or less, to the point
or place ot BEGINNING.
BEING the same premises which Frederick G.
Vogelsong and Shirley E, Vogelsong, his wite, by
Deed dated September 17, 1954, and recorded in the
Cumberland County Recorder's Otfice in Deed Book A,
Volume 16, Page 138, Granted and conveyed unto
Ell is Hummel, . . ,
5. On April 3, 1945, the hereinabove described property was
granted and conveyed by Richard C, Myers and Emma C. Myers to
Detendant Helen Myers, Said conveyance is recorded in Cumberland
County Deed Book 12, Volume Y, Page 161.
6. On February 28, 1953, the hereinabove described property
was granted and conveyed by Defendant Helen Myers and Stewart E.
Myers to Frederick G, Vogelsong and Shirley E, Vogelsong, said
conveyance was not recorded, nor is the whereabouts of said deed
known.
7. On September 17, 1954, the hereinabove described
property was granted and conveyed by Frederick G. Vogelsong and
Shirley E. Vogelsong to Ellis Hummel and Pauline J. Hummel. Said
conveyance is recorded in Cumberland County Deed Book A, Volume
16, Page 138.
8.
granted
On May 17, 1958, the hereinabove descI'ibed property was
and conveyed by Ellis Hummel and Pauline J. Hummel to
Charl.. w.
record.d in
pcmeroy and Freda K.
Cumberland county Deed
pomeroy. said
Book A, Volume
conveyance i.
20, Page 217.
9. On January 3, 1994, the hereinabove described property
v.. 9ranted and conveyed by the Estate of Freda K. Pomeroy to
Jam.s M. Bach (Plaintiff herein). said conveyance is recorded in
Cumberland County Deed Book 3c:. .S, Page 9cr9
10. As a direct result of the unrecorded February 28, 1953
conveyance of the property described in paragraph 6. from
Defendant Helen Myers and stewart E. Myers to Fredrick G.
Vogel.ong and Shirley E. Vogelsong, and the gap in title between
Emma Myers and Helen and stewart E, Myers, there is a cloud on the
chain of title to the hereinabove described property.
11. Plaintiff and his predecessors in title and in
possession have been in actual, continuous and exclusive, visible,
notorious, distinct and hostile possession of the hereinabove
d.scribed property for a period in excess of twenty-one (21)
years.
12. During the period of time described in paragraph 11.
above no one has brought an action in ejectment or any other
action to determine title or possessory rights in and to the
hereinabove described property.
WHEREFORE, Plaintiff prays this honorable court to enter an
order:
a. Declaring Plaintiff, James M. Bach, to be the
owner, in fee simple, of the hereinabove described
property, subj ect to encumbrances of record and
rights of others that may be visible on the
property.
b.
Barring Helen Myers and stewart
heirs, personal representatives,
E. Myers, their
successors and
VlRIrICATIOIl
I, Jame. M. Baoh, verify that the .tatement. made in this
complaint to Quiet Title are true and oorreot. I under.tand that
fal.. .tatements herein are made subjeot to the penalti.. of 18
Pa.C.S. 54904, relating to unsworn falsifioation to authorities.
~"'" 11 J_
Ja s M. Bach
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.
JAMES M. BACH, I IN THE COURT OF COMMON PLEAS
Plaintiff I
I
I
I OF CUMBERLAND COUNTY
vs. I
I
HELEN MYERS, and I
STEWART E. MYERS, their I
heirs, personal I PENNSYLVANIA
representatives, successors, I
and assigns and all persons, I
firms, corporations or I
associations claiming right, I CIVIL ACTION - LAW
title or interest for or under:
them, generally,
Defendants
I NO. 94-4928 civil Term
ORDIR
AND NOW, this -)) 7 1/ day of ,.i c ," I (l '-I) , 1995, upon
motion of William C. Dissinger, Counsel for Plaintiff, in the above
, captioned matter, the Court HEREBY ORDERS AND DECREES that the
Notice To Defend and the Complaint in Quiet Title shall be
,
published ! I
( l l"~,, ",\ .. j I. (I \ \
I '
':- 'I' l, in
l, I I \"" (
the
following publica~!~ns:
r l (~'- '\ \. \ '- L \. ,-(, .r
)
,
,
BY
J.
LeN ;( S
',~
)0) ;- f~~'
'-,n._.:l....,-
,111"(
~'1,^HJ
%
~' - -z.
LV-
,lAMES M. BACH,
Plaintiff
IN THE COURT OF COMMON PLEAS
"
OF CtJlolBERLAND COUNTY
vs.
HELEN MYSRS/ and
I, STEWART E. MYERS, their
heirs, personal PENNSYLVANIA
repre.entatives, successors/
and assigns and all persons/
firms, corporations or
associations claiming right, : CIVIL ACTION - LAW
title or interest for or under:
them, generally, :
Defendants NO.
MOTION FOR PUBLICATION
AND NOW, William C, Dissinger, Esquire, attorney for
Plaintiff, James M, Bach, who moves the Court to direct publication
of the Notice to Defend and the Complaint in Quiet Title in the
above captioned matter/ because of the inability of Plaintiff to
serve Defendants, An Affidavit of Investigation of the Plaintiff
and of Plaintiff/s attorney, william C. Dissinger, Esquire are
attached hereto to evidence the. efforts made by the Plaintiff and
Plaintiff/s Counsel to obtain service as well as to obtain an
address for service of the Defendants.
Respectfully SUbmitted,
DISSINGER & DISSINGER
By:
'l )
, t!... JI IV,;'
W 1 . D ss r
Attorney for- aintiff
28 North 32nd Street
Camp Hill, PA 17011
(717) 975-2840
JAMIS M. BACH, I IN THE COURT OF COMMON PLEAS
plaintiff I
I
I
I OF CUMBERWID COUNTY
v.. I
I
HELIN MYERS, and I
STEWART E. MYERS, their I
heir., per.onal I PENNSYLVANIA
repre.entative., .ucce.sors, I
and a..ign. and all persons, I
tir.., corporation. or I
a..ociation. claiming right, I CIVIL ACTION - LAW
title or interest for or underl
the., generally, I
I
Defendants I NO. rt/-l/?/)&' ~iv';1 12v<<l
AFFIDAVIT IN SUPPORT or S!RVIC. BY
PUBLICATION PURSUANT TO RUL! 430(8)
William C. Dissinger, Esquire, the attorney tor Plaintiff,
being duly sworn according to law, says that he undertook the
following means to attempt to find the residence or whereabouts of
the Defendants for the purpose of service of original proce.SI
1. Inquiries into records of the Cumberland County Register
of wills;
2. Inquiries into the records of the Cumberland County
Recorder of Deeds;
3. Inquiries into Cumberland County Voting Record.;
4. A search, to the extent possible, through postal
authorities pursuant to the Freedom of Information Act, 39 CFR ,
26!5;
!5. Examination of local telephone direotories;
Ar'IDAVIT IN SUPPORT 0' SERVICE BY
PUBLICATION PURSUANT TO RULE 430(&)
William C. Dissinger, Esquire, the attorney for Plaintiff,
being duly sworn according to law, says that he undertook the
following means to attempt to find the residence or whereabouts of
the Defendants for the purpose of service of original process:
1. Inquiries into records of the Cumberland county Register
of Wills;
2. Inquiries into the records of the Cumberland county
Recorder of Deeds;
3. Inquiries into Cumberland County Voting Records;
4. A search, to the extent possible, through postal
authorities pursuant to the Freedom of Information Act, 39 CFR ,
265;
5. Examination of local telephone directories;
- PUbllo,.Ollc.io--J
...
.
..
JMlIIII, ~ACH,
PlIlnIHf
IN THI COURT 0' CO/oIlIOHl'I.lAI
0' CUMIIRLANO COUNTY
VI,
HlLlN IIVIRS Ind
IIIWAR' E,IIYERS, 'hi'
hln, plt,c)". rep""nlattY",
'ueClllOfI, and ...'Unl .nd
,II P'I'IOnt, """", torpor'llon. or
f ...oaatkm. ct.lmlnQ Ugh', II". or
"'IIf.11 'ot 01 under th.m, tln'f"8Nr.
.,.ftnctlnl.
PINNSYLVANIA
CIVIL ACTION. LAW
NO,
IUlIlll1 III llIun
You hew. b"n .Llld.... (oul1. II vou wl.h to del,nd .glln.IIN (1.lm,..1 rorttlln th, 'oIIowlng
P'OII, ~u mu.1 tlk, 'dlon .Ithln tw'n~ (1101 dirt 1ft., lhl. campl.lnl and nolle, .t. .trY",
by .nt'""' I .nlt." IIPpI.t,nel p'''lm.lI~ or b)' .110",', and nllng'" .,tUno _6th thl court )'out
dll'nu. or obttetlon. 10 tt't. cl.lm. "I lorth .g'ln.. ~u, You .,. .,m.d Ih.llt rou ',M to do 10
the c... m., proc:..d .IIMUI vou And. JUdgm.nt m., bt Ii'll,," .".In.1 rou br IhI court
.lthout furth" nolte. '01 In, mon.)' dlll"1d '" Ih, complalnt 01 hH' In)' olher cta,," 01 ,.....,..
QUHltd b1 "'. Plelnttff, You maW' 10.. mon., or Pf'Op.", Ot oth., rtghll mportant to )'ou.
YOU SHOULO TAKE 'HIS PAPER TO YOUR LAWYER A' ONCE, IF YOU 00 NOT HAVlA
LAWYER OR CANNOT AFFORD ONI, 00 '0 OR TELIPHONE 'HI OF'ICIIlT 'ORTH
11L0W '0 FINO OUT WHERI YOU CAN OET LEOAL HELP, '
Cumblrtand Oounty Court HouII
Cout1 Admlrilllrllo,
1 COUrthouII SQUIr.
C.rtllll, PA 170lj.3:J.7
" 7-140'1100
JAIIElII, BACH,
PI.lntl"
William O. O'''Ina,,~
AUom., lot "''''''lIIf'
IN 'HI COURT 0' COIlIlON I'I.lAI
0' CUM81RLANO COUNTY
VI,
HELEN liVERS, Ind
STEWART 1,IIVERS, !h..
h..,.. pe'lGnll rep,...ntlltv...
aueclnorl, Ind 1..lgnl Ind all
perlo"" Ilrma. torporlllon. 0'
...ocll"on. dlknlng ,klhl. 11tI.
01' Inll".1 lor 0' undtf Ihlm, g.nlrIMy.
O.rlndlnl.
PENNSYLVANIA
CIVIL ACTION 0 LAW
NO,
t. Plllnll", Jamll M. DICh, I. .n~u'!1, ~~"commonw"lIh 01 P'M'lfY.
nle, who ,..ide. al :)618. Spotting Hit Roed, MKhlnabu,g. PA 17065., '
, 2. Olflndanl. Ir. H.l.n Mv.r. and BI,wlrt E. MVI,., Ih,l, hllrt. p"lGnal r'P'lIlnlaltvll,
r 'UCC'IIIO"lnd 1..lonaand ,II Pitton., "rm.. CO"O,.llon. or a..oclll" claiming right, Uh or
Int""1 tor Of' Undl' Ihlm. gln.,,"y. ,
3. Th' CUfflnl ,"ldtncl Of' whtrtaboult 0' Hllln My,,, or 81'wlrt I. My,,, I. unknown.
4. Thl, Compttlnlln Qul,t TltI, arin, from Ind tone.m" plrflcutar plec, of "al "'II., ,"UII.
In Monl"Ol Town,htp, Curr-ber1.nd County, .~n.ytYlnla. more ""I)' d.lCribed II foIow.:
ALL THAT Clrttln lot 01 ground ,lluIII In Ihl Town.hlp of Monrol. County of Curnbertand Ind
8111' of Plnn.ytvlnll, morl p.rtlculatfy bolmdld Ind dt.crlb.d ..lotlowl, IOowll:
8EOINNINO III polnl on Ihl WIII.m lint or Ihl William. OrovI ROld II com., 01'1"'" nor Ot
III, of C"lrt..l. Kllm Ind Rllh. M, Kllm.. hi. will; THENCE along laid Ilnd. 01 Kllm South
..v.nty (10) dlgr..1 Ihlrty (30) mtnulll W"'IwO hund,ed rlv. (201) felt 10 I p04nl on ttI. tint of
Ilnd. now Of III. 0' Elmll H, POIIIIg.r; T~IENCE Ilong ..let Ponllg., landl South ..v,n (1)
d..t.. 'ort~.fty. (.IS) mlnulll EIII IIvlntv nv, (15) "11, more Ot II", to. point on Ihlland.
norOlltl. or Eart Adem.: THENCE along .aHsllndl noworl.t,oIAdlm. North IIvlnfyone (")
dl.'" E,.t two hundred fIv. (201S) r.., 10 ttI. WNU,m, 0'0'1' ROld: THJ:NCE llong "" W....
.m lint of the Wllllmt arovI ROld Nol1h IIg'" (I) dlgr...thlrty (30) mlnultt WIII"v,"~ rtv.
(75) II." mort or 1'", 10 thl point or p1ac. Of 8EOIN~IN<:',
BEINQ the 11m. prtml... which F,.dlrick 0, VOOlllOng Ind 8hlrt'1 E. VOOt.':~ tw wlf.,
by DHIt deled Slptlmb" '7. 1854. and 'ecordld In Ihl Cumberland County R. . 0Mn
In OMdIooIl A. VoIum. 'I. Pig. '3'. Orlnlldand Convlrld unlot".. Hummtf,.",
IS, On Aprl 3. '145, the hlrtlnabovl ctltcribld propt", WII Orlnled Ind c:onvl)'ld by Rlohlrd
C, My.rl Ind Emml C, Mver. 10 Dlrlndlnl Hllln Myt,., Slid conv'Ylnc... ,ecorded In Cum-
btrtlndCounty Oled8ook 12. Vofuml V, '101 'I'.
I, On Flbrulry 21 1853. thl herllnlbovl ducrlbld pmptrty ~,.. orlnlld Ind' conv.yed by
,D.f.ndln' H,'.n My.,. Ind Stl'urt E. MV'" 10 Frederick 0, Vogll.ong .nd Shlrl'y I.
Vogtflong, 8.1d conv,VlnCI WII nol recorded, nor 1.1tl1 whlr.lboull of.1kI d"d known.
"' ....' .
'1 On Seplembe," .7; ,i1S4, Iht h.r,'n.bov. dllcl1btd proplrty WII grlnlld and conv:r.... b,
F~edlrlck O. VoglllOng Ind ShlrllY E, Vcall.ona 10 EIII. Hummlllnd Plulln, J. Humm ,Said
conveylne.lt record.d In Cumblrtlnd County O..d look A, VoIum. 1.. Pig. 13..
I, On MI)' '7, "58, Ihl hlrelnlbovt ctllc,lbld propl'" WII gtlnlld Ind conveyed by EIII.
Hummel Ind Plulln. J. Hummll to Chlrt.. w, PQmeroy Ind P:rtdl t<, Pomlroy, :Slid con.,.)'"
Inc. I. recordld 6ft Cumblrtlnd County Ottd Book A, Voll.lm. 20. Pig. 217.
It, On Jlnulry 3, 18.4. thl h"lln.btlYI dllctlbld proptrtV WII gtlnlld Ind convlV'd by th,
e.lell of Frldl K, Pom.,oy 10 Jim.. M. 81ch (Pltlnltlf herlln), Sakf convlYlncll1 ,ecorded In
Cumbtrtend Counly Olld look 38, PIO' e". , ,
"0, AI I dl'MI r..ull or Ihl unrlcordld Flbrtllry 2.. "53 conYIVlncl or Ih, proplrty d..crtb.d
In PIl'lg"eh.. lrom Olllndlnt HI'lnMVI" Ind Sllwlrt E. MV'" 10 Fredrick Q, VogII.ong Ind
."Irfl" E. oO",ong, Ind Ihl Olp Ht 11111 bltw"n Emml MVlrl Ind Hili" Ind SI.wlrt I, M'YIf'I,
; !hI" .1 cloud on Ifi. chlln orlltl'lo Ihl he:'llnlbov. dlecrlbed property,
, ,. PI,lnlllf Ind hi. prldK...Ot. In HU. ,Ind In 1'0.....10" h.v. b.n In Iclull, COl'lHnuOUI Ind
l.clulNe, vl.lbIl. nolorlOUI, dl.t1ntl and nOlllll po.....ton of IhI hetllnabovl ctllCribed prop-
, .rty 'or I ptrtod In ...ell. 0' "'Inly.ont (2') V",..
12. During Inl Plriod or 11m I d'tcrlb.d In p.,.gl'lph t 1. abovI no on, hit brouohl In leUon In
Ijlctm.nt' 0' InV olhlf Icllon 10 dlllrml", II1II or POINltory r'ghl. In Ind 10 thl her.lnabov.
dltcl1b.d Prnplrty,
WHEREFORE. PI,lnll" prll'(' Ihll "ono"bll court 10 Inll' In Qtdlr:
I. Olcl'rlno PllIlnllft, Jlmll M BICh, 10 bt 11'1. owner. In I" Ilmpt.. 0' Ih, ht"lnlbl)v' d.
tcrlbtd ptope",. lubjtcllo Incumbllnc:1I or record Ind righll 0' oIhl" !hIt mly bl vl.lbI. on
tn, proplrty,
b, Dlrtlng Hlrln Mverl Ind Sllw," E', MVI", th.lr hln, plrlonll r'p,."nl,II\'.., 11IOClltorl
Ind l"lgn., Ind In Plreanl, firm'. corporlllon. Of' "Iocllllonl clllmlng righi, ml, Ind Inl"'"
lot or und., thlm alnerllly. from ....rUng Iny rlghl. 1It1. 0' In'I'"11n 0' to th. h.rllnAbov.
~1"'o1b'" proplrty, Ind
, e, granllng .ueh f\I,ther rtft"1I Ihll Court dllm. )u.llnd plOpI'.
RllPlclf\ll1y lubmltltd
DIIIINOER. DISIINOER
i
Iy' WMII.m C, OI.llno.,
AnornlY 10, Plain""
21 North 32nd II'''.
Clmp Hili. PA '701 I
(717) IIHI40
V'~I'ICATION
I, Jim" M BlCh, v.n~ 1"11 the IIlllmlnle midi In Ii'll. Compallnt 10 QuI.' TIll. Ir. tru. Ind
corrlCl. I undlrstlnd tnll III" l'IItml"tl "1,.ln It, mlldl lobllctto 11'1, p.nllll.. 0111 PI,C I,
40U4, rlllllng 10 un,.orn I,lsllleltlon 10 lulhQrlll..
,I.m.. M lee"
-.
PROOF OF PUBLICA liON OF NOTICE
IN CUMBERLAND LAW JOURNAL
(1II1d.. Atl Nil. ~K7. 1..prll.,,1 MI~ Ie, 19191, 1',1..1714
STAT"; 0..' l'I~NNSYI.VANIA
~~.
COUNTY m' CUMlmRI.AN()
RO(mR M. MORGENTIIAI.,E~llulre , Edilor of Ihe Cumherland Law Journal, of
the Counly and Slale afore~aid, heing duly sworn, according 10 law, deposes and says
that the Cumberland L.aw Journal, a legal periodical puhlished in Ihe Dorough of Carlisle
In Ihe Coumy and Slale afi)resaid, was estahlished January 2, 1952, and designated hy
the local courts as the ofliclallegal periodical for Ihe puhlication of all legal notices, and
has, since January 2, 1952, heen regularly issued weekly in said County, and thai the
printed notice or puhlication allached hereto Is exaclly the same as was primed in the
regular edilions and Issues of the said Cumherland Law Journal on the following dales,
vi7.:
FEBRUARY 10, 1995
, '
Affiam further deposes thai he is authorized 10 verify Ihis statement hy the
Cumberland L1W Journal, a legal periodical of general circulation, and that he is not
interested in the suhject malleI' of the aforesaid nolice or adverlisement, and thai all
allegations in the foregoing statements ;IS to time, place and characler of puhlication are
Irue,
~e' /.~ .;(f; ilil Jv---
Roter M, Morgenlha, Editor
SWORN TO AND SUBSCRIBED hefore me this
10 day of FEURUARY . 199L.
(
, ,),
Ii ,J1" /, /iLd..U:',cfd;' v
/ Notary
- '-" ,/',' :.... ,'.""'" I
. ' .' L
, ' ...
" .. " ':" ::"':":''''':'',':::;',:::1'
: 1:1, '''l~,!,,.I'''(1 (' .:..:,. :"' .,1, ,I~~~.,:~,.,
JAMES M. BACH, I IN THE COURT OF COMMON PLEAS
Plaintiff I
I
I
I OF CUMBERLAND COUNTY
vs, I
I
HELEN MYERS, and I
STEWART E. MYERS, their I
heirs, persollal I PENNSYLVANIA
representatives, successors, I
and assigns and all persons, I
firms, corporations or I
associatl.ons claiming right, : CIVIL ACTION - LAW
title or interest for or under:
them, generally, I
:
Defendants NO,
NOT I C II
TO
DllrllND
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 TillS 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 FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Court House
Court Administrator
1 Courthouse Square
carlisle, PA 17013-3387
717-240-6200 ,
"j 1)
t,j IL J'{IIt./l-L., ( ,i / U,JI),( -<4(1..'
W 11 am C, 0 ss nger '
A torney for Plaintiff
JAMES M. PACII, I IN TilE COURT OF COMMON PLEAS
Plaintiff I
I
I
I OF CUMBERLAND COUNTY
vs. I
I
IIELEN MYERS, and I
STEWART E. MYERS, their I
heirs, personal I PENNSYLVANIA
representatives, successors, I
and assigna and all persons, I
firms, corporations or :
associations claiming right, : CIVIl, ACTION - LAW
title or interest for or under:
them, generally, :
Defendants NO.
COMPLAINT IN QUIET TITLI
1-
citizen
lS'(:
plaintiff, James M.
of the Commonwealth
~ ' I
1 )(.,^",\'t--Jj.., \ \
Bach, is an adult individual, a
of pennsylvania, who resides. at
I'tc......~, i" ~t '"".-.~ ') L. '^i,l:1--!-!.o; )
2. Defendants are lIelen Myers and stewart E. Myers, their
heirs, personal representatives, successors and assigns and all
persons, firms, corporations or associates claiming right, title
or interest for or under them, generally.
3. The current residence or whereabouts of lIelen Myers or
stewart E. Myers is unknown.
4. This Complaint in Quiet Title arises from and concerns
a particular piece of real estate, situate in Monroe Township,
Cumberland County, Pennsylvania, more fully described as follows:
ALL TII1\T certain lot of ground situate in the
Township of Monroe, County of Cumberland and state
of Pennsylvania, more particularly bounded and
described as follows, to-wit:
BEGINNING at a point on the Western line of the
Williams Grove Road at corner of lands nor or late
of charles L. Keim and Retha M. Keims, his wifel
TIIENCE along said lands of Keim south seventy (70)
degrees thirty (30) minutes West two hundred five
(205) feet to a point on the line of lands now or
late of Elmer H. potteiger, TIIENCE a long said
Potteiger lands South seven (7) degrees forty-five
(45) minutes East seventy five (75) feet, more or
less, to a point on the lands nor or late of Earl
Adamsl THENCE along said lands now or late of Adams
North seventy one (71) degrees East two hundred
five (205) feet to the Williams Grove Roadl THENCE
along the Western line of the Williams Grove Road
North eight (8) degrees thirty (30) minutes West
seventy five (75) feet, more or less, to the point
or place Qf BEGINNING.
BEING the same premises which f'rederick G.
Vogelsong and shirley E. Vogelsong, his wife, by
Deed dated September 17, 1954, and recorded in the
Cumberland county Recorder's Office in Deed Book A,
Volume 16, Page 138, Granted and conveyed unto
Ell is Hummel, . . .
5. On April 3, 1945, the hereinabove described property was
granted and conveyed by Richard C. Myers and Emma C. Myers to
Defendant Helen Myers. Said conveyance is recorded in Cumberland
county Deed Book 12, Volume V, Page 161.
6. On February 28, 1953, the hereinabove described property
was granted and conveyed by Defendant Helen Myers and Stewart E.
Myers to Frederick G. Vogelsong and Shirley E. Vogelsong. Said
conveyance was not recorded, nor is the whereabouts of said deed
known.
7. On September 17, 1954, the hereinabove described
property was granted and cc ,eyed by Frederick G. Vogelsong and
Shirley E. Vogelsong to Ellis lIummel and Pauline J. Hummel. Said
conveyance is recorded in cumberland county Deed Book A, Volume
16, Page 138.
8. On May 17, 1958, the hereinabove described property was
granted and conveyed by Ellis Hummel and Pauline J. Hummel to
. .
charles W.
recorded in
Pomeroy and Freda K.
Cumberland county Deed
Pomeroy. said
Book 1\, Volume
conveyance is
20, Page 217.
9. On January 3, 1994, the hereinabove described property
was granted and conveyed by the Estate of Freda K. pomeroy to
James M. Bach (Plaintiff herein). Said conveyance is recorded in
Cumberland county Deed Book .~. , Page q C'(' "\-.
10. As a direct result of the unrecorded February 28, 1953
conveyance of the property described in paragraph 6. from
Defendant lIelen Myers and stewart E. Myers to Fredrick G.
Vogelsong and Shirley E. Vogelsong, and the gap in title between
Emma Myers and Helen and stewart E. Myers, there is a cloud on the
chain of title to the hereinabove described property.
11. Plaintiff and his predecessors in title and in
possession have been in actual, continuous and exclusive, visible,
notorious, distinct and hostile possession of the hereinabove
described property for a period in excess of twenty-one (21)
years.
12. During the period of time described in paragraph 11.
above no one has brought an action in ejectment or any other
action to determine title or possessory rights in and to the
hereinabove described property.
WHEREFORE, Plaintiff prays this honorable court to enter an
order:
a. Declaring Plaintiff, James M. Bach, to be the
owner, in fee simple, of the hereinabove described
property, subject to encumbrances of record and
rights of others that may be visible on the
property.
b. Barring Helen Myers and stewart E. Myers, their
heirs, personal representatives, successors and
. '
assigns, and all persons, firms, corporations or
associations claiming right, title and interest
for or under them generally, from asserting any
right, title or interest in or to the hereinabove
described property I and
c. granting such further relief as this Court deems
just and proper.
Respectfully submitted,
DISSINGER & DISSINGER
By:~fLUl...Jil ~ t2UJVi..;U.7.l-1,)
I am C. D ss nger u
Attorney for Plaintiff
28 North 32nd street
Camp Hill, PA 17011
(717) 975-2840
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