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Home My WebLink About95-01427 ; I':":', c J ) ., , III ~ ::r :' . . t" '. ' , i;' ii' ,~: ~ ',. {:' ~~\., , .< :~ ~ ~ j C"- eo ~ - r \ to a- " : ,:;,,: >:;,' .- .~ .:,.,;",;:, ., ,., .,.. '.. :sJ; , ~:i:;:: ,"'~:i':;i"'::Y" '::'::'~" :,.\:,..,.;:....'.:./r:..... ; ~..:......~:....:.,;;. .>. ,;J,'{)f~~t{: : ""'::':.".: .' .' i,:;';.:" ',',;: ., ;:, ,',' . ,,,'- .".,.....' :~.. ,:' '.~~ ,: ~..,:., ,Ie, ..;; . ',' ~;F .."" .",. :. .. ::;iv.: ;:/> '...:, ,,' ,'::';'.". ~i~;; .;....' :"';:';"~'(;.:;ii;"" ::',: .... /::::... :', .:,;.:. ,:' S}': c: ':> ". :,~': \ ... ,;!r~ "';.,;.,;,;. '" ," " <::,;c ,':". :.:\~:::\.:,':;.'::~;.}..:::,',' ':':: ::.c;'.''-:::"; '...,: ,.:. ':::', ,,:,r., . i> ..;)/:' ::; .:. '. ..,;C'<':;.;; , "..:, ' . 'fif,.;!:.".'. " :...: .'. : .:,. :..s;,. .,.,'.,''11'".), ::: '.:.c. .,' "':/':<'''X :'/~,::.,., '.:: "he':,': ' ...... ". ''; ;':':," .. :,e.. ". '.,: . "."',,l"" : .:; ',' :': :,::" .\.. i.,t~~;;> f , ".':''0 .', '.' .~, , >,::~~,~ ,; .;,. ::; ,:' '. 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"...::( :,. , '.' ,.' '.:.",',::t:.,,":: . .'.'? ,'. '... .:::}::,; .;:: . . '.:'. ',' .,:.' . ' .,',' ," n. ,. :,:}!~:~:,,'<':':~ , ".: '., ",:,:.,. ", '.,' :;:< - ,,;. _.'-'.; ',:, .. ,. , .. .' , , ,,'" ,..' ,~, >""0 .. ~ <: _..<, ,',. ," ~ d . . ....~ :." " ,,. .,': I'd """"J t:,~~"~ :,~':'.;l (\!4t(l~ ~1 ,~.:jJJ .,,""~ ,~f ?JJ~ ~~,'r~ ,..;~ ",-Uj ~~,-;~,:~\~ ":. ;;~, . , . -.- i~~~ ~~~ ),:i~ Ji}~{" ,,?:.~~ i~,~~ ~'r'~i~ ,;.\~ 3:\~~~ ~;/.i ". :.:' l)::. " . ,-.' , 1,^' .... v IN THE COURT OP COMMON PLEAS OP COKBBRLAND COUNTY. PENNSYLVANIA KENNETH L, HESS AND SANDRA L, HESS, HUSBAND AND WIFE, PLAINTIFF NO, 95-1427 CIVIL TERM CIVIL ACTION - LAW VS WILLIAM PENN j THOMAS PENN j JOHN PENNj OVERNIGHT TRANSPORTATION COMPANYj THE PEP BOYS - MANNY, MOE AND JACKj GARY NALBANDIANj T/D/B/A COMMERCIAL INDUSTRIAL REALTYj AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORSj HEIRS AND ASSIGNSj THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, ..,~ c: ',. .~": ,I s- ,.... . ~ , ~ en _-'"'l"j _:/_1. ..... ., c~ ~"!":..:.:.:" ~.: 0 -,':--.~"J;f; W l~ .:jP1 ~ ~.;}.Jo -c~ DEFENDANT ORDER - U> .." AND NOW, to wit, this t. ~ day of ~, 1995, upon motion and consideration of the Motion for Entry of Quiet Title Order, it is hereby ORDERED AND DECREED as follows: All named Defendants in the above captioned matter shall be forever barred from asserting any right, lien, (except for real estate taxes) title, or interest in the property at issue in this action inconsistent with the interest or claim of the Plaintiff as set forth in their complaint, unless the Defendant takes such action as this Order directs within thirty (30) days thereafter. It is hereby further ORDERED AND DECREED that pursuant to the Cumberland County Tax Claim Bureau's Prayer for Relief, the final judgment provided for by this Court upon Praecipe of the Plaintiff ~J"~~ '.ltx ~ ~l ~ 'HJ1 . \.? l:I~ ~ ' -~ ~ c- .j .~ , ... ~, IN THE COURT OP COMMON PLEAS OP CUMBBRLAND COUNTY. PENNSYLVANIA KENNETH L. HESS AND SANDRA L, HESS, HUSBAND AND WIFE, PLAINTIFF NO. 95-1427 CIVIL TERM CIVIL ACTION - LAW VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE AND JACK; GARY NALBANDIAN; TIDIBIA COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, DEFENDANT PRAECIPE FOR ENTRY OF FINAL JUDGMENT TO: PROTHONOTARY Pursuant to Court Order issued by the Honorable Judge Oler on the 6th day of July, 1995, I hereby inform the Court of Common Pleas of CUmberland County that no action has been taken by any Defendant named in this action in the past thirty days from the date of the above mentioned Order. Therefore, kindly enter final judgment for Plaintiffs in this matter. Respectfully submitted, KAIN B~ p BERTL BY: \ R. Randal Schmidt, Esquir Attorney for Plaintiffs 119 East Market Street York, Pennsylvania 17401 (717) 843-8968 Attorney 1.0, Number 67140 IN THE COURT OF COMMON PLEAS OF CUHBBRLAND COUNTY. PENNSYLVANIA KENNETH L, HESS AND SANDRA L. HESS, HUSBAND AND WIFE, PLAINTIFF NO, 95-1427 CIVIL TERM CIVIL ACTION - LAW VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE AND JACK; GARY NALBANDIAN; TIDIBIA COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, DEFENDANT MOTION FOR ENTRY OF OUIET TITLE ORDER AND NOW, to wit, this day of June, 1995, comes Plaintiffs, Kenneth L, Hess and Sandra Hess, husband and wife, by and through their attorneys, the law firm of Kain, Brown & Roberts, and files this Motion for entry of Quiet Title Order, of which the following is a statement: 1. On or about the 21st day of March, 1995, Plaintiffs filed a Complaint in Action to Quiet Title in the Court of Common Pleas of Cumberland County, Pennsylvania, simultaneously with a Motion for Service by Publication, 2, On or about March 22, 1995, the Honorable Harold E, Sheely signed an Order of Court allowing service of the above mentioned Complaint by Publication, 3. Service was made on all named Defendants in this action by Sheriff Service, An affidavit signed by R, Randall Schmidt, Esquire is attached hereto, marked Exhibit "A" and incorporated by reference herein, 4, Service was made on all other Defendants, their heirs, assigns and all other parties in interest by publication, An affidavit of service signed by R. Randall Schmidt, Esquire is attached hereto, marked Exhibit "A" and incorporated by reference herein, 5. Plaintiff received a response from Defendant Pep Boys - Manny, Moe and Jack in the form of an agreement. By correspondence dated April 20, 1995 from Sharon B. Roman, Real Estate paralegal, Defendant Pep Boys indicate no objection to this action so long as plaintiffs do not object to the filing of a similar action by Defendant Pep BOys regarding lands as indicated on the plan attached to said agreement, Plaintiffs have no objection to any action instituted by Defendant Pep BoyS. A copy of said Agreement is attached hereto as Exhibit "B", 6, Plaintiff received a response from Overnite Transportation Company in the form of an Answer to Plaintiff's Complaint in which Defendant Overnite requests an Order be entered granting plaintiff fee simple absolute title to the lands in question, A copy of said Answer to Plaintiff's Complaint in Action to Quiet Title is attached hereto as Exhibit "C". 7, After service of the Complaint, Plaintiff received no response from Gary Nalbandian, t/d/b/a Commercial Industrial Realty, and failed to file a response according to the records of Cumberland County Prothonotary, 8, After service of the Complaint, Plaintiff received no formal response from Defendant Cumberland County Tax Claim Bureau, however, IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY. PENNSYLVANIA KENNETH L. HESS AND SANDRA L, HESS, HUSBAND AND WIFE, PLAINTIFF NO, 95-1427 CIVIL TERM CIVIL ACTION - LAW VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE AND JACK; GARY NALBANDIAN; TIDIBIA COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, i I' i' ! : , I I ! i I I; II i: I I I I \ i , , DEFENDANT APPIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF YORK On this, the 0111 day of ,jL IrJL) , 1995, personally appeared before me, a Notary Public in and for said Commonwealth and county, R. Randall Schmidt, Esquire, who, being duly sworn according to law, deposes and says as follows: The Defendants in this matter are William Penn; Thomas Penn; John Penn; Overnight Transportation Company; The Pep Boys - Manny, Moe and Jack; Gary Nalbandian, tldlbla Commercial Industrial Realty; and all the respective executors, administrators, heirs and assigns; the Cumberland County Tax Claim Bureau; its successors and assigns, and all other parties in interest. i r I l i , , i I I have caused the following Defendants to be served the Complaint in this matter by Sheriff's service: 1. Defendant Overnite Transportation Co" located at Carlisle Pike, Mechanicsburg, Pennsylvania 17055. Sheriff's Return of Service is attached hereto as "A". 6060 A Exhibit 2, Defendant The pep Boys, Manny, Moe and Jack, located at 6100 Carlisle Pike, Mechanicsburg, Pennsylvania 17055, A Sheriff's Return of Service is attached hereto as Exhibit IIB". 3, Defendant Gary Nalbandian, t/d/b/a Commercial Industrial Realty, located at 1015 Mumma Road, wormleysburg, pennsylvania 17043, A Sheriff's Return of Service is attached hereto as Exhibit "C", EXHIBIT A . 4 --- PEPSOYS' Sharon 8, Roman RuJ Ell.'. P.,.,., April 20, 1995 ~ OVERNIGHT DELIVERY R. Randall Schmidt, Esquire Kain, Brown & Roberts 119 E. Market Street York, PA 17401-1278 ReI Pep BOYs - Hess et ux Carlisle. PA Dear Mr, Schmidt: In connection with your client's Complaint in Action to Quiet Title filed in the Court of Common Pleas in cumberland County, pennsylvania under Number 95-1427, please be advised that Pep Boys will not object to this action if your client agrees not to object to or answer any action that Pep BOYS might file to quiet title to the land which is cross-hatched on the enclosed drawing. In order to indicate your agreement to the terms of this letter, please have Mr. and Mrs. Hess countersign both the extra copy of this letter and the drawing attached to the extra copy and return same to me, ! I f , i ~ I I I , SBRljk Enclosure cc: Ronald M. Neifield, Real Estate Counsel Al Meloro, Senior Architectural Project Manager AGREED AND ACCEPTED THIS DAY OF APRIL, 1995 By: , Kenneth L. Hess CONTINUED ON NEXT PAGE EXHIBIT B SIR00045,LTR ~1io'P11'NegtwlyAWIf'<A' P1~ /'lll 19132 '(215)227.~7' Fu (215) 229-507/J l\llolJ IJKHI"'t1ll..:> I~l.. NU.~l~-~OO-~..J n,.,1 1.:1.;J,J ..... .""', I tV, ~ . r-r "~_l~ L_L.I~.J__L. i '_,_ RI.I."""llll: l.OC.A.TtON 01" SU""GY ct -'l5'01 l"RIlPAIU,D tOR \(SNNIlTH \". . Sl.Nbll.' \". ~us , '&{19/0,$ ............ t.hN .:.:.:.:.:.: :.:.:.:.:.:. :.:.:.:.:.:.: . .. ... ....... '..~.ll.~. ....:'..... . .:.:.:.:.:.:. ........ ':':':':':'f' ............. :.:.:.:.:.:.: .:.:.:.:.:.:. ..'.......... ........ t.:.:.:.~... .~ ".:.:.:.: .. . .. '. AGREED AND ACCEPTED THIS DAY OF By: lCenneth L. Hess . t .:H J tr , .\. , ----- ,j "0 -i' ., . , ~ lr ,i~ PC' (jaY5 1- , --..--- -'. .' ~ Ii .~r'nl --",.<<1.11.1'1 " , , , . i" " . 8 .' , I ~ ", " " :-1 .' ~ t~ '?; 1<'/1 Kt'frINlllli.NIII .. JANIlMAI<<IW" ""'" ..",,,, .... , " , ;, :~ .;l " , , "I. .... . .~ .1. " . .' .. . ;" --- ,I. . ~ ' )' , i;, . By: Sandra L. Hess ...... It; oIt,:t., L.t . . "~. ". . 'I~" ' ,,"'0.\1'1(""", l~r1'. " Sworn to and subscribed before me this of . 1995 Notary Public APR 19 '9S 1915S 1',.- ....,...,t day 21S 4SS 911S PAGE.aaa , , ,( KENNETH L. HESS AND SANDRA L., HESS, HUSBAND AND WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : . . vs. . . . . WILLIAM PENN; THOMAS PENN, JOHN : PENN; OVERNIGHT TRANSPORTATION : COMPANY; THE PEP BOYS - MANNY, MOE : AND JACK; GARY NALBANDIAN; T/D/B/A : COMMERCIAL INDUSTRIAL REALTY; AND : ALL THE RESPECTIVE EXECUTORS, : ADMINISTRATORS, HEIRS AND ASSIGNS; : THE CUMBERLAND COUNTY TAX CLAIM : BUREAU, ITS SUCCESSORS AND ASSIGNS,: AND ALL OTHER PARTIES IN INTEREST, : Defendants : NO. 95-1427 CIVIL TERM I I j, i' q II ANSWER TO PLAINTIFFS' COMPLAINT IN ACTION TO OUIET TITLE AND NOW, corne Defendants, Overnite Transportation Company, by and through counsel of Andrew C. Sheely, Esquire and hereby files this Answer to Plaintiffs' Complaint in Action to Quiet Title and respectfully avers as follows: 1. Admitted. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. Admitted upon information and belief. 6. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this Paragraph. 7. After a reasonable investigation, Answering Defendant TPW; CO::Y i=tlrJM flECO?,ll.) in 7'itlitUJ"l'N'1meol. 1 h-:;,'l..I\!O li4li my ~ne ~ .,' 'loll "MI ~, '"~l''' C',,,,,. .,' r"r'IAI., Do. ,...r.I.,. ,;)Il,f-"; ...1 .~ ioi ....r..,\, "" wa l~, ....... TIll!. /<;fln O:?''' 1:}ff;,P-'::, 1~ l d\."'\ fJ (1).frI!QJ'/1 A . Prolhcnotiry EXHIBIT C is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this Paragraph. 8. Admitted. ~ WHEREFORE, Defendant, Overnite Transportation company, respectfully requests that this Honorable Court enter an Order of Court and Decree granting Plaintiffs a fee simple absolute interest in all lands as set forth in the Complaint, free and clear of all liens and encumbrances, forever barring any other party or person from asserting any rights, liens, titles or interest in the property subject to this Complaint. DATE: April 18, 1995 Respectfully submitted, By: ~e~f!::::Jre I.D. #62469 Law Offices of James D. Bogar 1 West Main street Shiremanstown, PA 17011 (717) 737-8761 2 l:R - #0>- ~~- ., lo~t; _~.:' O;.-:e.'.r I:: cl(......t I....Z;O:.. 0- 4.,.1 , .-' ~~.;~ ~.:,~.JL~ I ~ ~'to '" 5<..' . 'oj' ~ &- ",'I I, IE ,.. .... C") I::) ~ ... ~ j --1-~ ..:..... ') -'2 \nra . , . . f') ~ 'II'"') , ~'\)f '\ ~ -.......:, ~ 1'\'\ r(J c- d ~ .:t ~~ ~~\~ .,.. lD ~ ~ Dl ~ij g ~ ~ ~ ell !C t z .. " 0( z ti ~ ~ :=z:l)o o II: Iii III a:~~~ Dl < co III : II. ~ ~ )0 . . . . IN THE COURT OF COMMON PLEAS OF KENNETH L. HESS AND SANDRA L, HESS. HUSBAND AND WIFE. PLAINTIFF VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY. MOE AND JACK; GARY NALBANDIAN; TIDIBIA COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU. ITS SUCCESSORS AND ASSIGNS. AND ALL OTHER PARTIES IN INTEREST, DEFENDANT NOTICE You have been dued in court. If you wioh to dehnd Bgalnat the c1.illl. .at forth in the following pag.., you auot taka action within twenty (20) day. after thia complaint and notic. are aarv.d. by antering . written app.arance paraonally or by an attorney and fUing in writing with the COurt your defan... or objactiona to the clai.. .et forth Bgalnat you. You ara warnad that if you f.il to do 00 the c... ..y proceed without you and a judg".l.ant ..y b. antared agdnat you by the Court. without further notice tor any ~n.y clai.ed in the complaint or for any other claim or reli.f raquaatad by the PI.intiff. You ..Y loae money or property or other right. important to you. YOU SHOULD TAKB THIS PAPBR TO YOUR LAWYBR AT ONCI. IP YOU DO NOT HAVI A LAWYBR OR CANNOT APPORD ONI, GO TO OR TILBPHONI THI aPPleS BRT PORTH BBLOW TO PIND otrr WHBRS YOU CAN GET LBGAL HSLP. CUMBERLAND COUNTY. PENNSYLVANIA : NO,qj-- /4)7 04~~'-)~ CIVIL ACTION - LAW AVISO IA han d._ndo a uotad en 1. corte. 8i uoted quiera defend. roe da e.taa d...nda. axpueataa en 1a pagina. aiguientea, uated tiane veinte t~O' diaa, de p1azo a1 partir de 1a fecha da 1a d..anda y 1a notiUcacion. Hac. relt_ a.entar una camperencla eacrita 0 en paraona 0 con un .bogado y entregar a 1a corte en forma eaerit. aUD deteneaa 0 aua obJeeione. a 1aa d..andaa en contra d. aua paraona. S.e aviaedo que al ueted no ae defiende. 1a corte tomara .edida. y puede continuar 1. de.anda en contra auy. ain previa Aviao 0 notiUcacion. Ademaa, 1. corte puede decidar a favor del de.andante y requier. que uated eUllpla con tadaa 1aa proviaionee de eat. de.and.. Uoted puede perder dinero 0 aua propiedade. u otraa derlchoa importantea para ueted. LLBVB BSTA DBMANDA A UN ABOGAOO IMMBDIATAHBNTB. 01 NO TIBNS ABOGADO 0 01 NO TUNG BL DINBRO SUPUCIBNTB DB PAOAR TAL BBRVICIO. VAYA BN PBRSONA 0 LLAHB POR TBLBPONO A LA CPICINA CUYA DIRBCCICN OB BNCUBNTRA BOCRITA ABAJO PARA AVBRIGUAR DONOR SB (lUBDB CONSBGUlR MlSTBNCIA LRGM.. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, Pennsylvania 17013 (717)240-6200 IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY. PENNSYLVANIA KENNETH L, HESS AND SANDRA L, HESS, HUSBAND AND WIFE, PLAINTIFF NO, CIVIL ACTION - LAW VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE AND JACK; GARY NALBANDIAN; T/D/B/A COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, DEFENDANT COMPLAINT IN ACTION TO OOIET TITLE AND NOW, TO WIT, this ____ day of March, 1995, comes Kenneth L. Hess and Sandra L. Hess, Husband and Wife (hereinafter collectively "Plaintiffs") by and through their attorneys, the law firm of Kain, Brown & Roberts, and file this Complaint in Action to Quiet Title, of which the following is a statement: 1. Plaintiffs are adult individuals who currently reside at 6 Wingate Drive, Hampden Township, Cumberland County, Pennsylvania, 2, Defendants are William Penn, Thomas Penn, John Penn and Richard Penn; Overnight Transportation Company; The Pep Boys, Manny, Moe and Jack; Gary Nalbandian, tldlbla Commercial Industry Realty, and all their respective executors, administrators, heirs and assigns; The Cumberland County Tax Claim Bureau, its successors and assigns; and all other parties in interest, The whereabouts and/or more specific identities of the Defendants, their heirs and assigns, are unknown (more specifically those whose whereabouts are unknown are: William Penn, Thomas Penn, John Penn and Richard Penn) except for the following Defendants whose current addresses are believed to be: a, Overnite Transportation Company with offices at: 6060 Carlisle Pike Mechanicsburg, pennsylvania 17055 b. Pep Boys - Manny, Moe and Jack with an establishment at: 4949 Jonstown Road Harrisburg, Pennsylvania c. Gary Nalbandian 1015 Mumma Road Wormleysburg, PA 17043 d. Cumberland County Tax Claim CUmberland County Courthouse South Hanover Street Carlisle, Pennsylvania 17013 3. Plaintiffs own, as tenants by the entireties, in fee simple absolute. a tract of land situated in Hampden Township, Cumberland County. Pennsylvania, to which the deed description is as follows: BEGINNING at a point on the western side of Wingate Drive. which point is at the division line of Lots No. 1 and 2, Block "H" on the hereafter mentioned plan of Lots; thence north 63 degrees 48 minutes west along said division line 119 feet to a point at land now or late of Donald Failor; thence south 26 degrees 12 minutes west by aforementioned lands, 124,34 feet to a point on a 50 foot right-of-way; thence south 64 degrees 11 minutes east along the aforementioned right-of-way 80 feet to a point on the western side of wingate Drive; thence North 55 degrees 02 minutes east along aforementioned Wingate Drive; 47,45 feet to a point; thence continuing northwardly in an arc to the left with a radius of 130 feet, the arc distance 67,52 feet to a point; thence continuing along same north 26 degrees 12 minutes east 19,55 feet to a point, the place of BEGINNING. It being Lot No.1, Block "H" on a plan No. 1 of Wingate recorded in and for the County of Cumberland on Plan Book 11, Page 24. 4, The above referenced tract is the same premises conveyed by Central Penn Builders Inc. to Rudolph S. Clemens and Edna M. Clemens, his wife by deed dated and recorded November 2, 1960 in the Recorder of Deeds Office in and for the County of Cumberland at Deed Book" A", Vol 20 page 1100, 2 5. Adjacent and contiguous to that parcel above described exists a fifty (50) foot wide private right-of-way, Plaintiffs for a period of in excess of twenty one (21) years have exercised dominion and control of a portion of said right -of -way (hereinafter "Subj ect property" ) bearing a description which is attached hereto as Exhibit "A", Said right of way has never been used as a public street and has never been dedicated to the township, municipality or to the Commonwealth of Pennsylvania, 6, Plaintiffs have conducted a complete and total search of the land records in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. This search has failed to uncover any further reference to the right-of-way andlor any adverse conveyance thereof, 7, Plaintiffs have for a period of in excess of twenty-one (21) years exercised dominion and control over Subject Property as referenced, in an open, continuous and hostile manner and as such avers that title to Subject Property now rests with plaintiffs, in fee simple absolute. free and clear of all liens. encumbrances and any and all claims whatsoever or any other person or persons or entities, or otherwise, 8. Plaintiffs are in possession of Subject Property; and have been exercising dominion and control over the land. and therefore. an action in ejectment is not appropriate, WHEREFORE, Plaintiff respectfully requests this Honorable Court: 1, Determine and decree Plaintiffs own, in fee simple absolute, Subject Property as described in Exhibit "A" attached hereto, and that title to the above described tract of land now rests in Plaintiffs, in fee 3 KENNETH L. HESS AND SANDRA L., HESS, HUSBAND AND WIFE, Plaintiffs . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . VB. : . . WILLIAM PENN; THOMAS PENN, JOHN : PENN; OVERNIGHT TRANSPORTATION : COMPANY; THE PEP BOYS - MANNY, MOE : AND JACK; GARY NALBANDIAN; T/D/B/A : COMMERCIAL INDUSTRIAL REALTY; AND : ALL THE RESPECTIVE EXECUTORS, : ADMINISTRATORS, HEIRS AND ASSIGNS; : THE CUMBERLAND COUNTY TAX CLAIM : BUREAU, ITS SUCCESSORS AND ASSIGNS,: AND ALL OTHER PARTIES IN INTEREST, Defendants NO. 95-1427 CIVIL TERM ANSWER TO PLAINTIPPS' COMPLAINT IN ACTION TO OUIBT TITLB AND NOW, come Defendants, Overnite Transportation Company, by and through counsel of Andrew C. Sheely, Esquire and hereby files this Answer to Plaintiffs' Complaint in Action to Quiet Title and respectfully avers as follows: 1. Admitted. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Admitted upon information and belief. S. Admitted upon information and belief. 6. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this Paragraph. 7. After a reasonable investigation, Answering Defendant VERIFICATION I, Jonathan B. Macdonald, Law Department Staff Attorney for Overnite Transportation Company, verify that the statements made in this Answer to Plaintiffs' Complaint in Action to Quiet Title are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unsworn falsification to authorities. DATE: April L. 1995 ~1.1~ co: .... ~ ~ ...:." ,,- :':~.-~ ......;;.) '-- on en := --:t:: ..... ~ a). ....,.. ..c:... -< '-~ .,. :~ W<.':. ~-:.. e"=C:":J ~~:~:'::~I ~ ~.~. - ""t.n .J: <:0 KENNETH L. HESS AND SANDRA L., HESS, HUSBAND AND WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. . . : WILLIAM PENN; THOMAS PENN, JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE : AND JACK; GARY NALBANDIAN; T/D/B/A : COMMERCIAL INDUSTRIAL REALTY; AND : ALL THE RESPECTIVE EXECUTORS, : ADMINISTRATORS, HEIRS AND ASSIGNS; : THE CUMBERLAND COUNTY TAX CLAIM : BUREAU, ITS SUCCESSORS AND ASSIGNS,: AND ALL OTHER PARTIES IN INTEREST, : Defendants : NO. 95-1427 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO: LAWRENCE E. WELKER, PROTHONOTARY Please enter the appearance of the undersigned as counsel of record'!.or Overnite Transportation Company, Defendant, in connection '-" with th~ above-captioned matter. ~ C""IoJ ,'-' ('. DATE: April 18, 1995 Andrew C. Sheely, I.D. No. 62469 1 West Main Street Shiremanstown, PA 17011 ~ ,..,.. ..r .t.1" , '~J <.'J S' ,;.r;,;.~" ~. ' Ln en - N ;;:r co = = "'- """ SHERIFF'S RETURN CASE NOl 1995-01427 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HESS KENNETH L ET AL VS. PENN WILLIAM ET AL LEROY HIPPENSTEEL. II CUMBERLAND County, Pennsylvania, to law, says, that he served the . Sheri~f or Deputy Sheriff of who being dUly sworn according within COMPLAINT -QUIET TITLE the upon PEP BOYS - MANNY MOE & JACK defendant, at 1058100 HOURS, on the 28th day 1922 at 6100 CARLISLE PIKE MECHANICSBURG. PA 17055 County, Pennsylvania, by handing to o~ March . CUMBERLAND GREG HECHERT, MANAGER AND ADULT IN CHARGE a true and attested copy of the COMPLAINT -QUIET TITLE and at the same time directing His attention to the contents thereo~. . Sheriff's COStSl Docketing Service A~fidavit Surcharge 6.00 6.16 .00 2.00 So answers I ", ~ _.....~ ....., ; c- . --... (.. -. ....;:;-~.,.."'~ H. Tt,;mas K~1ne, ~ er S14.16 RANDALL SCHMIDT 03/30/1995 by.:re ./~. ~ ...L4 '!.o"A1' '7 ~U~y eri.:ff Sworn and subscribed to before me this ~ day of (}".:J' I 19 '10( A. D. ~ru 0o~~ota~ ,.t...,. " 'I. ?l-. SHERIFF'S RETURN CASE NOl 1995-01427 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND HESS KENNETH L ET AL VS. PENN WILLIAM ET AL LEROY HIPPENSTEEL. II CUMBERLAND County, Pennsylvania, to law, says, that he served the upon NALBANDIAN GARY defendant, at 1355:00 HOURS, on 1995 at 1015 MUMMA ROAD WORMLEYSBURG. PA 17043 County, Pennsylvania, by handing to . Sheriff or Deputy Sheriff of who being duly sworn according within COMPLAINT -QUIET TITLE the the 28th day of March . CUMBERLAND ALICE HARRIS. SECRETARY AND ADULT IN CHARGE a true and attested copy of the COMPLAINT -QUIET TITLE and at the same time directing Her attention to the contents thereof. Sheriff's CoStSl Docketing Service Affidavit Surcharge 6.00 8.96 .00 2.00 Slb.96 So answers: _r'J//'/ ~ --~" #':~_"-;'~-d.r<. ~ R.7Thom';-s Kline, er1:f:f RANDALL SCHMIDT 03/30/1995 by ~6:; / (~~~:t Sworn and subscribed to before me this ,LvL day of Of" i 19 o,{ A. D. ( )~~r~~o~~;~ I ~ . SHERIFF'S RETURN CASE NOl 1995-01427 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND HESS KENNETH L ET AL VS. PENN WILLIAM ET AL I ~ I. 11 I DONALD HARPER . Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, that he served the within COMPLAINT -QUIET TITLE upon CUMBERLAND COUNTY TAX CLAIM the defendant, at 900100 HOURS, on the 29th day of March 1995 at CUMBERLAND COUNTY COURTHOUSE SOUTH HANOVER CARLISLE. PA 17013 County, Pennsylvania, by handing to CURTIS LONG. STREET ,CUMBERLAND MANAGER a true and attested copy of the COMPLAINT -QUIET TITLE and at the same time directing His attention to the contents thereof. . Sheri~f's CostSl Docketing Service Affidavit Surcharge 6.00 .00 .00 2.00 So ans~~~~' ~~ r.!:/(!;;~d"::'l~ H. Thomas Kl1ne, Sher1!! 56.00 RANDALL SCHMIDT 03/30/1995 by L, . ~ /. ~/"I. 7 a1,,1ut~ e~h Sworn and subscribed to before me this 19 'i "'^ day of ?.( A. D. Qp<<1i (J'1L"-" a )1L..ci....- "-~' f ~rothonotary IN THE COURT OP COMMON PLEAS OP cuMBERLAND COUNTY. PENNSYLVANIA KENNETH L. HESS AND SANDRA L. HESS, HUSBAND AND WIFE, PLAINTIFF NO. CIVIL ACTION - LAW VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE AND JACK; GARY NALBANDIAN; T/D/B/A COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, q5- 142-7 (lL1J.i-L d~ DEFENDANT SPECIAL ORDER OF COURT DIRECTING AND NOW, to wit, this Zl-^L day of SERVICE BY PUBLICATION J-..r>C-\.A. " ,,--- , 1995, in consideration of the foregoing Motion for Special Order of Court directing Service by Publication in accordance with Pa.R.C.P. 430 which is incorporated by reference as if fully set forth, it is hereby ordered and directed that service of process by publication shall be made on all Defendants in this matter and their heirs and assigns generally (more specifically those whose whereabouts are unknown are: William Penn, Thomas Penn, John Penn and Richard Penn) by advertising a notice of the action one (1) time in the legal publication as designated by the court and one (1) time in one newspaper of general circulation within the county, in manner and form as attached. BY THE COURT: /,/tC<-vv/ r= Jk--.. .' Judge IN TBB COURT OP COMMON PLEAS OF KENNETH L. HESS AND SANDRA L. HESS, HUSBAND AND WIFE, PLAINTIFF ~BR:: ;;~4 ;7SCl=tJ~ CIVIL ACTION - LAW VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE AND JACK; GARY NALBANDIAN; T/D/B/A COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, DEFENDANT NOTICE TO: The above-named Defendants The parties to this action are as stated in the caption. This is a quiet title action seeking to have the Court decree: 1. Plaintiffs own in fee simple absolute: All that certain parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point marked by an existing rebar in concrete in the northern line of a 50 foot wide right-of-way, said point being common with the southeast corner of lands of the Pep Boys - Manny, Moe and Jack, and the southwest corner of Lot 1, Block "H" in the plan of Wingate recorded in Plan Book 11, Page 24, in the Office for Recording Deeds in and for CUmberland County, Pennsylvania, said Lot 1 now being owned by Kenneth L. Hess, et. ux.; THENCE South 64 degrees 11 minutes 00 seconds East for a distance of 80.00 feet along said Lot 1 to a P.K. nail set in limestone rock on the northwest right of way of Wingate Drive; THENCE South 55 degrees 02 minutes 00 seconds West for a distance of 28.64 feet along Wingate Drive to a rebar set in the center line of the aforesaid 50 foot wide right of way; THENCE North 64 degrees 11 minutes 00 seconds West for a distance of 66.19 feet along the centerline of the aforementioned 50 foot wide right of way, to a rebar set; IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY. PENNSYLVANIA KENNETH L. HESS AND SANDRA L. HESS, HUSBAND AND WIFE, PLAINTIFF NO. CIVIL ACTION - LAW VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE AND JACK; GARY NALBANDIAN; T/D/B/A COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, DEFENDANT MOTION FOR SPECIAL ORDER OF COURT DIRECTING SERVICE BY PUBLICATION I.A.W. PA.R.C.P. 430 AND NOW, to wit, this day of , 1995, come the Plaintiffs, by counsel, and respectfully move this Honorable Court for a Special Order of Court Directing Service by publication in accordance with Pa.R.C.P. 430, of which the following is a statement: 1. Plaintiffs are Kenneth L. Hess and Sandra L. Hess, Husband and Wife. 2. Defendants are William Penn; Thomas Penn; John Penn; Overnight Transportation Company; The pep Boys - Manny, Moe and Jack; Gary Nalbandian, t/d/b/a Commercial Industrial Realty; and all the respective executors, administrators, heirs and assigns; the Cumberland County Tax Claim Bureau; its successors and assigns, and all other parties in interest. 3. An Action to Quiet Title has been instituted by Plaintiffs, a copy of the Complaint is marked as Exhibit "A," attached hereto, and incorporated by reference herein. 4. The whereabouts and/or more specific identities of Defendants, their heirs and assigns, are unknown (more specifically those whose whereabouts are unknown are: William Penn, Thomas Penn, John Penn and Richard Penn) except for the following Defendants, whose current addresses are believed to be as follows: a. Overnite Transportation Company with offices at: 6060 Carlisle Pike Mechanicsburg, Pennsylvania 17055 b. Pep Boys - Manny, Moe and Jack with an establishment at: 4949 Jonstown Road Harrisburg, Pennsylvania c. Gary Nalbandian 1015 MU\lUl\a Road Wormleysburg, PA 17043 d. Cumberland County Tax Claim Cumberland County Courthouse South Hanover Street Carlisle, Pennsylvania 17013 WHEREFORE, Plaintiff respectfully requests this Honorable Court grant a Special Order of Court Directing Service by publication in accordance with Pa.R.C.P. 430 against all Defendants in this action other than those with addresses recited i\lUl\ediately above. Respectfully submitted, KAIN B~WN RO ER S I:::" BY: ,~At R. Ran all Schmidt, Esquire Attorney for Plaintiffs l19 East Market Street York, Pennsylvania 17401 (717) 843-8968 Attorney I.D. Number 67140 2 IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KENNETH L. HESS AND SANDRA L. HESS, HUSBAND AND WIFE, PLAINTIFF NO. CIVIL ACTION - LAW t I VS WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS - MANNY, MOE AND JACK; GARY NALBANDIAN; T/D/B/A COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE EXECUTORS ADMINISTRATORS; HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST, DEFENDANT COMPLAINT IN ACTION TO OUIET TITLE AND NOW, TO WIT, this ____ day of March, 1995, comes Kenneth L. Hess and Sandra L. Hess, Husband and Wife (hereinafter collectively "Plaintiffs") by and through their attorneys, the law firm of Kain, Brown & Roberts, and file this Complaint in Action to Quiet Title, of which the following is a statement: l. Plaintiffs are adult individuals who currently reside at 6 Wingate Drive, Hampden Township, Cumberland County, Pennsylvania. 2. Defendants are William Penn, Thomas Penn, John Penn and Richard Penn; Overnight Transportation Company; The Pep Boys, Manny, Moe and Jack; Gary Nalbandian, t/d/b/a Commercial Industry Realty, and all their respective executors, administrators, heirs and assigns; The Cumberland County Tax Claim Bureau, its successors and assigns; and all other parties in interest. The whereabouts and/or more specific identities of the Defendants, their heirs and assigns, are unknown (more specifically those whose whereabouts are unknown are: William Penn, Thomas Penn, John Penn and Richard Penn) except for the following Defendants whose current addresses are believed to be: a. Overnite Transportation Company with offices at: 6060 Carlisle pike Mechanicsburg, Pennsylvania 17055 Pep Boys - Manny, Moe and Jack with an establishment at: 4949 Jonstown Road Harrisburg, pennsylvania b. I c. Gary Nalbandian 1015 Mununa Road Wormleysburg, PA 17043 d. CUmberland County Tax Claim CUmberland County Courthouse South Hanover Street Carlisle, Pennsylvania 17013 3. Plaintiffs own, as tenants by the entireties, in fee simple absolute, a tract of land situated in Hampden Township, Cumberland County, Pennsylvania, to which the deed description is as follows: BEGINNING at a point on the western side of Wingate Drive, which point is at the division line of Lots No. land 2, Block "H" on the hereafter mentioned plan of Lots; thence north 63 degrees 48 minutes west along said division line 119 feet to a point at land now or late of Donald Failor; thence south 26 degrees 12 minutes west by aforementioned lands, 124.34 feet to a point on a 50 foot right-of-way; thence south 64 degrees 11 minutes east along the aforementioned right-of-way 80 feet to a point on the western side of wingate Drive; thence North 55 degrees 02 minutes east along aforementioned Wingate Drive; 47.45 feet to a point; thence continuing northwardly in an arc to the left with a radius of 130 feet, the arc distance 67.52 feet to a point; thence continuing along same north 26 degrees 12 minutes east 19.55 feet to a point, the place of BEGINNING. It being Lot No.1, Block "H" on a plan No. 1 of Wingate recorded in and for the County of CUmberland on Plan Book 11, Page 24. 4. The above referenced tract is the same premises conveyed by Centrnl Penn Builders Inc. to Rudolph S. Clemens and Edna M. Clemens, his wife by deed dated and recorded November 2, 1960 in the Recorder of Deeds Office in and for the County of Cumberland at Deed Book" A", Vol 20 page 1100. 2 5. Adjacent and contiguous to that parcel above described exists a fifty (50) foot wide private right-of-way. Plaintiffs for a period of in excess of twenty one (21) years have exercised dominion and control of a portion of said right-of-way (hereinafter "Subject Property") bearing a description which is attached hereto as Exhibit "A". Said right of way has never been used as a public street and has never been dedicated to the township, municipality or to the Commonwealth of Pennsylvania. 6. Plaintiffs have conducted a complete and total search of the land records in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. This search has failed to uncover any further reference to the right-of-way and/or any adverse conveyance thereof. 7. Plaintiffs have for a period of in excess of twenty-one (21) years exercised dominion and control over Subject Property as referenced, in an open, continuous and hostile manner and as such avers that title to Subject Property now rests with plaintiffs, in fee simple absolute, free and clear of all liens, encumbrances and any and all claims whatsoever or any other person or persons or entities, or otherwise. 8. Plaintiffs are in possession of Subject Property; and have been exercising dominion and control over the land, and therefore, an action in ejectment is not appropriate. WHEREFORE, Plaintiff respectfully requests this Honorable Court: 1. Determine and decree Plaintiffs own, in fee simple absolute, Subject Property as described in Exhibit "A" attached hereto, and that title to the above described tract of land now rests in Plaintiffs, in fee 3 simple absolute, free and clear of all liens, encumbrances and /lny and all other claims whatsoever of any other person or persons or entities or othe~lise; and 2 Order Defendants are forever barred from asserting any right, lien. title or interest in Subject Property as described in Exhibit nAn attached hereto, and is inconsistent with the fee simple absolute interest bearing claim herein by Plaintiffs, unless Defendants take such action as the Court orders and directs within thirty (30) dayn of such Order; and 3. Enter any and all other such orders as necessary for the granting of appropriate relief. Respectfully submitted, KAIN, BROWN & ROBERTS By: R. Randall Schm dt, Esq Kain, Brown and Roberts l19 East Market Street York, Pennsylvania 17401 (717)843-8968 Attorney I.D. Number 67140 4 . LEG A L DES C RIP T ION All that certain parcel of land situate in Hampden Twp., cumberland County, Pa., bounded and described as follows BEGINNINQ at a point marked by an existing rebar in concrete in the northern line of a 50 foot wide right of way, said point being common with the southeast corner of lands of the Pep Boys- Hanny, Hoe and Jack, and the southwest corner of Lot 1, Block "H" in the plan of Wingate recorded in plan Book 11, page 24, in the Office for Recording Deeds in and for cumberland county, Pa., said Lot 1 now being owned by Kenneth L. Hess, et. ux.; THENCE South 64 degrees Ii minutes 00 seconds East for a distance of 80.00 feet along said Lot I to a P.K. nail set in limestone rock on the northwest right of way of Wingate Drive; THENCE South 55 degrees 02 minutes 00 seconds West for a distance of 28.64 feet along Wingate Drive to a rebar set in the center line of the aforesaid 50 foot wide right of way; THENCE North 64 degrees II minutes 00 seconds West for a distance of 66.19 feet along the centerline of the aforementioned 50 foot wide right of way, to a rebar set; THENCE North 26 degrees 12 minutes 00 seconds East for a distance of 25.00 feet through said right of way to the existing rebar in concrete, the point of BEGINNING. Together with and subject to covenants, easements, and restrictions of record. said property contains 0.042 acres more or less. ,-I' ~ h L bt i "r1 I, FEB-06-~99S 14128 FROM KA1H BROWN & ROBER1S IU l '11' "~4~~..'b& I" . kl ,';~'I STATE OF PBNNSYLVANIA: ss COUNTY OF CUMBBRLAND AFFIDAVIT I, Sandra L. Hess, am the Plaintiff in the above docketed action. The statements contained within the attached pleading are those of my attorney, however, the information supplied to my attorney by me to prepare this pleading and the statements of fact contained therein are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa, Cons. Seat. Section 4904 relating to unsworn falsifications to authorities. "'; ~..?' WI a-..- Sandra L. Hess 1 7 /i . . COMMONWEALTH OF PENNSYLVANIA U 0 'L r-; COUNTY OF CuMBERLAND On this, the 17th day of (/1 Q, fl r h ,1995, personally appeared before me, a Notary Public in and for said Commonwealth and county, R. Randall Schmidt, Esquire, who, being duly sworn according to law, deposes and says as follows: SS: The Defendants in this matter are William Penn; Thomas Penn; John Penn; Overnight Transportation Company; The Pep Boys - Manny, Moe and Jack; Gary Nalbandian, t/d/b/a Commercial Industrial Realty; and all the respective executors, administrators, heirs and assigns; the Cumberland County Tax Claim Bureau; its successors and assigns, and all other parties in interest. I have performed a diligent search involving the following records, individuals, and office in an attempt to ascertain the current addresses and whereabouts of the Defendants in this matter: 1. Voter Registration Office at the York County Courthouse. 2. Tax Claim Bureau at the York County Courthouse. 3. prothonotary of York County, Pennsylvania, records including the following: 3.1 Case Name Record 3.2 Miscellaneous Index Inquiry 3.3 Judgment Index - Defendant Only 3.4 Federal Tax Lien 4. Inquiries of long-time residents of the area. Based on the foregoing, I was unable to determine the whereabouts, addresses, or more specific identities of the Defendants, their heirs and assigns generally, except for the following Defendants whose current addresses are believed to be as follows: a. Overnite Transportation Company with offices at: 6060 Carlisle Pike Mechanicsburg, Pennsylvania 17055 b. Pep Boys - Manny, Moe and Jack with an establishment at: 4949 Jonstown Road Harrisburg, Pennsylvania c. Gary Nalbandian 1015 Mumma Road Wormleysburg, PA 17043 d. Cumberland County Tax Claim CUmberland County Courthouse South Hanover Street Carlisle, Pennsylvania 17013 SWORN and subscribe~ to before me this J 7 I I day or---_ m n ,,/ h , 1995. ( I J 0_ f l L:":, l {r, ^ cL . Notary pub~i(l! v My Commiss1on Expires: : NOTARIAL SEAL TRACY 1;- LANDIS. Notary Public 'M .ork, YOlk County . Y Commls.lon Expires May 4, 1998 INST~LLHENT ~OREEHENT OF S~~ TillS ~GRI!lEHENT made the 3rd day of March, 1993, by and between Gary L. Nalbandian and Dorothy Nalbandian, husband IInd wHs, of Hschancieburg, Cumberland ,County, Pennsylvania, horsinafter together referred to as "Seller" ~ND Deborah H. Welsh and Brad E. lIo1linger, of Mechanicsburg, Cumberland County, pennsylvania, as joint tonantB with right of survivorship, hereinafter together referred to as "Buyer". IIITNESSI!lTIII That, in consideration of the mutual covenants and agreements hereinafter contained, Seller agrees to Bell 1111c1 convey to Buyer, and Buyer agrees to purchase, ~LL TII~T CERT~IN reeidential lot known as Lot No. 4 of ths Finsl Subdivision Plan Ford Farm Road recorded in Cumberland county Plan Book 52, pags 7, being sltuate in Upper ~llen Township, Cumberland County, Pennsylvania and being more particularly described in Exhibit "~,, attached hersto and incorporated herein by reference, and being hereina fter referred to as "The Property", upon the following terms and conditions: 1. considsration. The purchase price to be paid by Buyer to Seller is the eum of One lIundred Twenty Thousand and 00/100 ($120,000.00) Dollars, nnd shall be paid by Buyer to Seller es follows: A. The sum of One and 00/100 ($1.00) Dollar in cash at or before the time of signing and delivery of this ^greement, the receipt whereof by Seller is hereby acknowledged: D. Beginning on ^pril 3, 1993, and continuing on the 3rd day of each of the next 59 immediately following, consecutive months, Buyer shall make payments of int.-rest only at the fixed r!lte of seven percent per annum on the principal amount of the unpaid purchase price, said monthly payments to be in the amount of Seven lIundred and 00/100 ($700.00) Dollars, with the last such payment of interest only to be made on March 3, 1998: C. Beginning on ^pril 3, 1998, and continuing on the 3rd day of each of the next 59 immediately following, consecutive months, Buyer sholl make payments of principal. together with interest at the rote of seven percent (7\) per annum aforesaid, in the amount of Two Tll':>usand Three lIundred Seventy-Six and 14/100 ($2,376.14) Dollars, said payments being calculated to fully amortize the principl1l balance over a period of five (5) years, with the last such payment to be made on March 3, 2003: D. ^ll payments by Buyer shall be appJ led first to the pnyment of accrued interest. and only thereafter to reduction of the principal indebterlness: E. ^ny payment not made by Buye; within fifteen (15) dnys following t\1e date when such payment becomes due shall be subject to payment by Buyer of a late charCJe in the amount of ,..five (5\) percent or the overdue payment: F. The princlpnl balance may br? prepaid by Buyer to Seller, in whole or in part. without penalty, and at any time, but no partinl prepayment shall postpone or redllcQ the amount of allY regularly scheduled payment, whe\:hnr schedllled os 0 paymsnt of interest only or 0 payment or principal and Interest: and noo~ 439 r^CE 337 '" G. Notwi thsti>mling anything herein to the contrary, the entire remaining principal balence owing from Buyer to Seller herl3lunder, together with all interest thereon accru~d and due and pllyable, shall be paid by Buyer to Seller on the date which is 10 years following the date of this Agreement, being the 3rd day of March. 2003. 2. ~SDortioJ1mont of Real Estate Taxes. Rents and EXDsri'ses. Real Property taxes and rents, water rente, eewer rents, refuse charges and municipal assessments, if applibable, shall be apportioned between Buy~r and Seller as of March 3, 1993. 3. RAA~abe Taxes. MuniciDal Services. etc.. From and efter the date of this Agreement and in addition to the required payments of principal and interest, Buyer shall also be responsible for the direct payment of all real estate taxes assessed against the Property and for lIll municipal assessments and charges for municipal and nomRunicipal services and utilities applicable to the Property. The perties ackncwledge that the real estate tax bills will be received by Seller, as the legal owner of the property. Seller shall forwllrd 1111 such bills to Buyer within ten (10) days following their receipt by Seller. Buyer shall pay the real property tax bills before delinquency, and upon request of Seller, shall submit proof of payment to Seller. If BUrer shall fail to pay any real property taxes or other chargee requ red to be paid by Buyer under this Paragraph 3 in a timely manner" Seller mllY, but shall not be obligated to, pay any or all such sums on behalt ot Buyer. In sllch case, the amounts paid by Seller, including any penaltieo, lllto charges and interest, shllll by added to the principal balance due and payable from Buyer to Seller under thia Agreement, onll ..holl be subject to the payment of interest at the regular rate stated he~ein. 4. Transfer Taxes. State and local real estate transter taxes shall be divided equally, one-halt (1/2) to Seller and one-halt (1/2) to Buyer, calculated on the agreed purchase price tor the Property, onll shall be paid at the time ot transfer ot legal title to the property. 5. possessl cn and OccuDdncv. Buyer shall be entitled to possession of the Property upon execution ot this Agreement. 6. Condition of ProDertv. Buyer has agreed to purchase the Property as a result ot Buyer's own inspection ot the Property, and Buyer acknowledges that Seller has made no representations or warranties concerning the condition of the Property. 7. Risk of Loss end Insuranoe. Following execution of. this Agreement, the risk of loss or damage to the Property and any improvements which may hereafter be constructed on the Property by Buyer, by tire, other casualty or other causes shall be assumed by Buyer, and all sums dlle llnd payable hereunder shall be paid in full by Buyer to Seller, without abatement or reduction, notwithstllnding the occurrence of such loss ot damllge to the Property. In the event Buyer hereafter constructs any improvements on the Property, Buyer shall obtain, pay tor and keep in torce a policy of tire, casualty and liability insurance (hoIReowner's coverage with extended coverage) in the minimum amount of the full insurable value of said improvaments. and issued and underl/ritten by an insurance compllny reasonably acceptable to Seller. The policy shall name Seller and Buyer. as their respective interests may appear under this Agreement, as the insureds. A copy ot said policy, together with evidence of prepayment of the applicable premiums by Buyer, shall be delivered by Buyer to Seller. The policy shall contain an endorsement prohibiting its cancellation without thirty (30) dllyn pL'ior written notice from the insurer to Seller. In all cases end whether or not Buyer constructs any improvements on the Property. Buyer shall obtain and maintain a policy of liability insurence for the Property satisfying the requirements of this parllgraph. Buyer'S obligation to provide evidence of maintenance of insurllnce and payment of the premiums shall be 2 BOOK 43~J I'^CE a38 deemed a continuing obligation. In the event of failure by Buyor to perform any of Buyer's obligations to provide inGurance. Seller, at Seller's option, may obtain the insurance and pay the applicable premiums. Any sums advanced or paid by Seller for this purpose ehall be added to the principal balance hereunder, and shall be subject to the payment of interest at the regular rate herein ..tated. In the event Buyer has constructed Improvements on the Property and such improvements are damaged by fire or other casualty, any insurance proceeds recoverable on account of the loss shall be used for repair or reconstruction of such improvement.., or for reimbursements of Buyer for Buyer's losses, so long as Buyer is not then in default of any payments of principal or interest due under this Agreement. 8. Recor~ina. of the Recorder Pennsylvania. 9. mA.!. subject to payment of th<:l purchase price and the other sums due and payable hereunder, Seller shall convey good and marketable title to the Property to Buyer by deed of special warranty. Such title and Buyer's equitable interest under this Agreement shall be insurable by the title insurance company selected by Buyer at regular rates. Such title ahall be free and clear from liens and encumbrances, excepting only: (1) easements, restrictione and reservations of record, (2) statutes and municipal ordinances and regulations governing improvement, zoning and use of the Property, and (3) any lien or encumbrance permitted or allowed by Buyer during the executory period of this Agreement. During the executory periOd of this Agreement, Seller shall neither impose any liens or encumbrances on the Property, nor permit the Property to suffer any such liens or encumbrances on account of any action or non-action by Seller. This Agreement shall be recorded in the Office of Deeds in and for Cumberland County. 10. ImDrovemeny and III terations. No major improvements or "lterations shall be made to the Property by Buyer without the prior written consent of Seller, which consent shall not be unreasonably withheld. Seller or Seller's agontB shall have the right, at all reasonable times, and upon notico reasonable under the circumstances, to enter the Property for the purpose of inspection to determine whether Buyer has complied with the terms hereof, In the event of Buyer's default under the terms of this Agreement, any and all improvements ant) additions made to the Property by Buyer shall be and remain a permanent part of the Property. They sholl not be removed by Buyer, and Buyer shall not be entitled to any reimbursement therefor.. 11. Maintenance and ReDairq. Buyer, at Buyer's own expense, sholl maintain the Property in a reasonable state of repair at all times and sholl not permit any waste or disr~pair to occur. Buyer agrees to make any and all repairs which, from time to time, become necessary or ore mandated by federal, state, county or municipal law, ordinance or code presently in effect or which may become effective in tho future. Seller or Soller'o ogonts shall hove the right, at all reasonable times, and upon notice reasonable under the circumstances, to enter the Property for the purpose of inspection to determine whether Buyer has complied with the terms hereof. 12. lIssionmont or Bole. This lIgreemont and Buyer's Interest in the property under this lIgreement may not be n'Goignod Ol" sold by Buyer without the prior written consE'nt. o( Sellor., which consent shall not be unreasonably withheld by Seller.. Nothing contained in this paragraph,' however., shall prohibit the salo of tho rl"operty by Ollyer to II third pllrty rosul ting in immodiate and accelerated payment to Seller of thE! rllll purchll!le prico rotated in thin Agreement" In tho ovont of such salo, Sellar !Igre.", to execute, nt no additional cost to Sollor. all documents reneonnbly roquired to effect the stlla. In such cnse, Seller and BlIYl!r her"ln oholl equally. divide the eollor'a portIon or tho nppll.cnblo transfer 3 800K 439 rhcr :339 taxes reaultlng trolll the third-party transaction, which shall be llmited to one-haH (1/2) of the total taxes applicable to the third party traneaotion. In no event. howeve,". ehall tll" transfer tax liability of Seller exceed tho monutary amount of the transfer taxes Seller Ia obligated tu pay under the terms of this Agreement for conveyance of the Property to Buyer. 13. condemnill.2n. In the event of condemnation of the Prol?erty or any portion thereof by any governmental agency, public authddty or utility prior to the payment of all the within obligations from Buyer to Seller and conveyance of legal title td Buyer by Seller, there shall be no a~atement in the purchase price payable hereunder, and any resulting condemnation eward shall be applied first to payment. of the obligations due hereunder. Any excess of the amount of the condemnation award over and above the amount due and owing from Buyer to Seller hereunder shall be the Property of Buyer. Buyer shall have the right to litigate and negotiate settlement of any condemnation proceeding, but no final settlement shall be concluded by Buyer without the consent of Seller. , 14. Default. Failure by Buyer to make payment of any monies (inClUding but not limited to principal, intsrest, late charges, taxes, assessl.ents, insurance premiums or municipal services) required by thia Agreement to be pa id to !leller or to any third party within thirty PO) days after ths due date for such payment, or the performance by Buyer of any material act prohibited by this Agreement, or the matsrial failure of Buyer to perform any act required by this Agreement, shall constitute an event of default. Upon any event of dafault by Buyer, and aftsr the expiration of thirty (30) days following the giving of a written notice by Seller to Buyer specifically setting forth the nature of the default relied upon, and the failure of Buyer to cure such default within said thirty (30) day period, Seller may, at Ssller's option: A. Terminate this Agreement and all of Buyer's rights under this Agreement and recover possession of the Property. by any lawful means, and retain any and all sums paid by Buyer under the provisions of this Agreement, whether on account of the purchase money or otherwise, as compensation for the fair rental value of the Property and for Buyer's use and occupancy of the Property and as liquidated damages for breach of this Agreementl or D. Declare the entire prinCipal balance remaining unpaid by Buyer, together with all Interest thereon accrued and all other Sums dlle and payable under this Agreement, immediately accelerated and duo and payable in full, and proceed with collection of said ~um or sums from Buyer by any lawful means. If any default by Buyer (other than the payment of principal, interest or other monetary sums required hereunder) cannot raasonably be cllred within the aforesaid thirty (30) day period, and so long as Buyer commences curing the default within said thirty (3D) day period and diligently and continuously pursues cure af Bueh "afault, Ouyer shall not be deemed in final default hareundar oml Saller shall not pursue Soller's remedies for such default. The remedias expressly set forth and reserved to Seller in this Agreement shall be in addition to any remedies otherwise available to Seller under the laws of the Commonwealth of Pennsylvanie. Any failure by Seller to exercise any remedy or to exercise said remedy within any period of time shall not be considered Q waiver of remedies, 15. aeplicnble Law. interpreted nnd enforcad of Pennsylvania. This Agreement shall be construed, pursuant to the laws of the Commonwealth 4 BOOK 439 rACE :J.lO 16. Entire lIClreement. This document contains the ent:ire egreement between Buyer end Seller concerning the subject metter of this l\greement. There ere no representetions, werrenties, covenents, terms or condit:ions between the [lerties, except as speciricelly set forth herein. This IIgreement mey be modified or emended only by e writing executed by Buyer and Seller. 17. Time of the Essenoe. It Is the agroement of the pert:ies hereto thet time shall be of the eSsence. lB. DindinCl IIClreement. This IIgreement, !lubjcct to the provisions or Peregreph 12 hereof, shell inure to the benefit of end be legelly binding upon the pertifls hereto and their respect:ive heirs, executors, administrators and essigns. 19. Waiver. The failure of either party to insist upon strict enforcement of any provision of this IIgreement shall not constitute a wdver of the right to enforcement of that provision or of any other provision. 20. DesoricHve Heeding.!!. The descript:ive headings used herein are for convenience only and are not intended to indicate all of the matter in the paragraphs which follow them. IIccordingly, they have no effect whatsoever in determining the rights or obligations of the parties. 21. Notices. IIny notices which are required ~r permitted to be given under this l\gr.eement shall be 1n writing and shall be effective 48 hours after they are deposited in the United States mail, certified and with return receipt requested, addressed as foll"ws: If to Buyerl Deborah H. Welsh and Ilrad C. Ilollinger 2850 Ford Ferm Road Hechanicsburg, PII 17055 If to Seller I Gary L. Nalbandian and Dorothy Nalbandian c/o Gary L. Nalbandian 826 IIllenview Road Hechanicsburg, PII 17055 IN WITNESS IIIlEREOF, Seller and Iluyer have executod this l\greement on this 3rd day of Harch, 1993, intending to be legally bound hereby. 1"'- f"A) IlUYER: OJ '. . 5 BOOK 43fJ V^CE :H.L EXIIIBIT "II" - property Desoription Instellment IIgreement ot Sele Doted Horoh 3, 1993 '. IILL 1'11111' Cf:R1'IIIN tract or parcel of reol estate situate in Upper Allon "ownllhip, Cumberland County, Pennsylvania, being morl\ particularly bounded and described as follows: . BEGINNING at a point on the northern legal right-of-way line of Ford Farm Road (a fifty feet wide private road), said point being located at the northwestern intersection of the 50 feet wide right-of-way iine of Myrtle Drive (private road) with the right-of-way line of Ford Farm Road aforesaid, as shown on the Resubdivision Plan of I.ot No. 5 and Lot No. 6 Ford Farm Road and Private Access Road to Lisburn Road ,'ecorded in Cumberland County Plan Book 56, Page 00/ thonce along the northern legal right-of- way line of Ford I'arlll Road by a CUrVe to the left having a radius of 225.00 feet, an arc distance of 139.62 feet to a point; thenCe continuing along said legal right-of-way lins, North 79 degrees 26 minutes 00 seconds West, a distance of 30B.90 feet to a point at the eastern lino of lands of Gemini Equipment Company, Inc.; thence along the ealltern line of lands of Gemini Equipment Company, Inc., North lB degrees 25 minutes 50 seconds East, a distance of 473.29 feet to a point on the southern line of lands now or formerly of George Holder; thence along the southern line of lands now or formerly of George lIolder, south 79 degrees 26 minutes 00 seconds East, a distance of 445.02 feet to a point at the northwost cornor of Lot No. 5 on the hereinafter described SUbdivision Plan (said r~t No. 5 now being known as Lot No. 5 of the Resubdivision Plan above mentioned and recorded in Cumberland County Plan Book 56, Page BO) / thence alcmg the western line of said Lot No.5, South 14 degrses 29 minutes 03 seconds West, a distance of 469.63 foet to a point on the northern right-of-way line of Myrtle Drive aforesaid and at the southWestern corner of said Lot No. 5/ thence along the northwestern side of the right- of-way line of suid Myrtle Drive (formerly a portion of Lot No. 5 aforesaid), South 52 degrees 30 minutes 00 seconds West, a distance of 56.80 feet to a point on the northern legal right-of- way line of Ford I'arm Hoad aforesaid, being the point and place of beginning. CONTIIINING 5.024 acres. BEING Lot No.4, Final Subdivision Plan Ford Farm Road, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 52, Page 7, and being described in accordance with said Subdivision Plan, which is dated August 8, 1986, revised September 15, 19B6, and prepared by David L. Maneval, Registered PrOfessional Engineer. TOGETIIER WITIl the non-eXClusive right to use Ford Farm Road, Myrtle Drive and other streets and roads within the above described subdivillions for the purpose of uninterrupted aCCeSS to and from the above described premises. UNDER IIND BUBJECT to the Declaration of Covenants, Restrictions and Reservations applicable to Final subdivision Plan Ford Farm Road recorded in Cumberland County Miscellaneous Book 334, Page 451. UNDER IINO SUBJECT to certain rights and easements reserved to Gemini Equipment Company, Inc. in the Deed recorded in Cumberland County Deed Book R, Volume 32, page 655, as more fully set forth therein, inclUding an easement for a golf course and other described activIties over a part of the western portion of said premises, rights and easements concerning construction of a certain cul-de-suc for Ford Farm Road and rights to relocate a certain portion of Ford Farm Road over and within other premises located within said Final SubdIvision Plan Ford Farm Road. .--', bOOK 43B l'ACE342 " ., . COMMONWEALTH OF PENNSYLVANIA COUNTY OP DQ.....~I~', Sll. . On this, the:!xcl. day of .J1l~ , 1993, before me, a Notary Public, in and for said Commonwealth and county, personplly appeared Gary L. Nalbandian and Dorothy Nalbandian, husband'imd wite, known to me (or satisfactorily proven) to. be the persons who.. names are subsoribed to the foregoinq Agreement and acknowledued that they executed the same for the purposes therein contained. .-- IN WITNESS WIIEREOP, seal. I have herounto set my hAnd and..!,~~9-~~.~J..,J;"" . .' "l~r " 0, I, ',:-' ", ,. .... , ~ ~ ~. .1,.,....,S~41:,....>~\ ; "\..,,~.. .~:"~". ~. .1\ l+ r l,t,' I!I .:,.....1'.\ 00.. CI''" ;-"'.. '. ..11.-' : Not y pu~ ..; ?"iJ('i~.I.~'nJ;.. ; \\,\ .\I....ol.'..., '.,.)....... .'! " ..r.;~~J.jl.. ~ ..... .... r , ,,,.. '." . .. 0'''11'.,"1-" .;...'......,'....,' "~~:':"\" .\. ...............,.. My Commission Expiresl NOTA/IAl. OEAL .,o\CU L FINK. """"" PubliC I." MAnclMlltOI Twp. YOlk co. t~I$~:!l.\~I~! full. 19. 1098 COMMONWElILTII OF PENNSYLVlINIA COUNT\' OP flllll phlt1 1111. On this, the.....3.c&L day of '-mo.h..~"-- ,1993, before me, a Notary Public, in and for said Commonwealth and county, personally appeared Deborah M. Welsh and Brad E. Hollinger, known to me (or satisfactorily proven) to be the porsons whose names are subscribed to the foregoinlJ Agreement and acknowledged that they executed tho same tor the purposes therein contained. IN WITNESS WIIEREOP, I have hereunto sat my hand and notarial seal. My commillsion Expirelll - NOTARIAL SEAL STACEY L FINK. NOIIIy Publkl Elt! MAtlChOlltf TWit. YOtM co. M., COtrlmilmn .t~!-~.f!!!..!! 1000Je COMMONWEALTIl OF PIlNNSYtoVANIlI ss. COUNTY OF CUMBERLlIND RECORDED in the Oftice for Recording of Dee~~~~tc., in and for,...'!lIid County in Miscellaneous Book No. ~bl Page ~. ~h WJ..'tH_El!S L my hand and seal this ~ I day :uJ9,Dr.!:L-1!l93. ../.? ~.~ rt€~tl~r ~edlY / of .f .._" ....'0", "" . :'; ~~{i.;:r~~iii;~r.- ~,'f; I . . " "'~"f ,.~I~. ,l!_ ............1.',.. .:. . '... ~.':'~L~~.'.. . ....,.I~~~.1I:"J~.~4.L,"t1\ 'il" i ~.,' '. . " '''I'~("~",, ; \~'~t~lt,'r-lt1.~, t"1'~~\i...-:~, '. r"'~"~'~" , v' . v.q.. - . " .. ""f ''l~.., 0'. ,IJ. '.'" ,~"~. \i't1t' 0' "U.q~' ,.' .~l~..." ~"ot,': .~. I',. '. -'J '- 'iV' . .~. ~.. ..... . : .~ .} 001. r . ..../, .~ ," ,\. . . ./;,.... .'., ft.. . .. V It,T","" ~ .,..,..'1,.~.\\11(.1f!>.\!. ....t:'..~t~..:.;~.. .- / 800K 4~9 rACE 34,1 . --- '--, '- . DEING Tract No. 1 of tho slime premieos which Gemini J::quipment Company, Inc., a Pennsylvania corporation, by its Doed doted Hay ~~. 1907 and recorded Hay ~O. 1987 in Cumberland county Desd Book n, Volume 3~, Page 653, granted and conveyed unto Gary L. Nalbandian and Dorothy Nalbandian, husbanrl ond wife, Seller herein. 'N oJ: ". . OOOK 43fJ rAct a43 . to Co.> .:;) ':.tJ :::.., " r: ].: :-.. I;, III ,,,C',' ; . (', t-.:.' I ,. t' . "I i, ;:. t"te". ,. "II ":'1' :. n: "",." ..< I" r . . ,.; '11 /- Ul ::0 :!I 't:: .. .. " . of irr'4~~iO .. I . . MEMORANDUM TOl IONNI ABSTRACT COMPANY JPS (C,R&:S) APRIL 26, 1995 YOUR NO. 39757; DEBORAH M. WELSH AND BRAD E. HOLLINGER PROM I DATE I REI I have attached a copy of the cover sheet from your earlier work under the above number. Please perform a bringdown of title from the cover date of your earlier abstract, which was January 27, 1993. You should find that Lot 5 was conveyed to the above individuals in D-36-1143. It was also mortgaged to Sears Mortgage Corporation in 1l20-604. Lot 5 contains the improvements. Lot 4 was transferred from Nalbandians to Welsh and Hollinger by a recorded Installment Agreement of Sale at the same time. Please provide me with a complete copy of the recorded Agreement. I believe you will find that the property (or perhaps just Lot 5) is subject to a mechanics' claim by Essis & Sons. I would like to have this work completed by Tuesday, May 2nd. Thank you for your assistance. Jim Spade 1Ft;;) - 110;;7). -(#//1 I- ~ ~/190 ;t - tJ - rV(J I- -~-6s: 3 1Itfd--/1 -0;)7,) -{}l/18 ({J--eiiAj fJ~ ~ L" -- 6/ C(.?O ~ . ~_ ~~~S~ ~~/~ P .-36 - /lef:3 /.rrI ~ 7(;' '7 J~ (j) . . -,. :-- ....7(")/ ,9;;'1('1]1 IONNI ABSTRACT COMPANY /04 Walnut St., Ha"i,burg. PA 11/0/ Phone: (111) 232-6139 No. 39?.'Jf1 , Applicant ~ r'ldlj~ (/ c-~ '1' ." .' €~tr. SUMMARY SHEET (,/1'- " I r. t::...,J' "'..: A J ';';1')~.(. /""'..?P r:I--1,7 ;f1".<i& --.-- ,- , Property Addrea.: J.~ &7ard tj ro,Jrt! M,f/,p )fb4of .Je(..6IVz.~.:Jtc}l/ pe'IM :);l-~ Lt..fJjX!// tCltPen /tcJj'. I (J.(,1rt.6etfa,x:! {!O-(dJtg-. Tho mformation contained berin i. ba.ed upon an examination of the recorded evidence of ~~n8 of appropriate .earchCl from the record. of (//M77 .. County, PeMsylvanla. The premi.e. herem dClcrlbed are .ubjecllo the lieDl, encumbrancCl and objection. to tille hereinafter IllI forth. Thil .earcb doe. not certify litle, and the purcha.er. of thi. mformation alroea, by Ulinlthi. information that liability bereUllder of IONNI ABSTRACT COMPANY, .olely in ita capacily a. an ab.lraclor, for Ita DOlllpmce, mi.takCl, or omilllODl i. .tn II Ii~i'ed 10 a .um not exceediD. $2,500.00. - tV '1/1.. "Vr::() Purcbuen: Record Owner(a): ~t&-ndt~?Z j tJceZ-ff 1., Q'nol .lID-?O?Jf#- Deed/Record Booky? -32.- ~53) ,4} ~:~~ed: .57~t)/$'9 ~A(>." ~ t:~ 3/ ,:l '; 7'~7 ~ Id i- I....' - ;.:) ~ ~ .v '- d , J L,~ -r- J LIENS: MORTGAGE: S Y, To Olted //." In Jt-......dlMilC. Book -:> ...~',t:(ff~~aY'f' .!:..,/'':" If'? PROM MORTGAGE: S To Daled Assigned on In Record/Milc. Book Rec'd Mlg./Record Bk. Page To MORTGAGE: S PROM To Dated Rec'd Mlg./Record Bk. Page Assigned on To In Record/Misc. Book JUOOEMENT: S PLTPP Va DEFT , Oiled JUOOEMENT: S Va DEFT Oaled Entered ~ ..... JUOOEMENT: S LTPP /., ,,"' v. DEFT -- , Daled Entered To No. ;:il[l on IN wn'NESB lIIlERDJF, said grantors have hereunto set their hards and ~ ~ il ~ ~ ~ I ~Q seals, the day and yaar first abave-written. s; tll... ~ ~~ ~, !i!~ ~ 1i: i"'~ ~(~) !?, p ~ ~ ~ ._ 'JO 111111111111111 . ". 'roGfl1'ImR lI1'nI the nonexclusive right to use Foro Farm Road, Myrtle Drive " and other streets and z:oads within the Fottl FIIrm Road suIxliyision for the ,P.lt1lO9ll of unintsnupted eccoss to and fran ths premises herem described and conveyed . UNDER Nt) O\lll.T!lCT to covenants, restrictions and reservations of recottl, incluclinr;! those applicable to Final SUbdivision Plan Fottl FIIrm Road under declaration dated May 20, 1907 and recorded in CUlrberland Miscellaneous Book 334, Page 451. llBINl e portion of the same premises which Gemini Equipnent eoopany, Inc. granted and conveyed to Gary L. Nalbandian and llorothy Nalbandian, husband and wife, the grantors herein, as Trllct No. 2 in its Deed dated May 22, 1987 and recorded May 20, 1987 in c:umborland eounty Deed BOOk R, Volume 32, Page 653. U 1IND the said grantors 'will, subject as afcresaid, SPflCIALLY lIIIIl1lANr 1IND FOREVER D!:FEND the property hereby conveyed. Certificate of Residence I hereby certify, thet the precise residence follows: 2850 Ford Farm Road, Meehani yn-f c;,~"I\" <.iJ,,? School Oil' Cumbo Co.. PI. J,lI Rill o;..'lIlt Trl..lot TIR DII.~ J-~:f:JAml ?, 3?S'':J! R....n p. ZJI1II.. CUmb. Co. Olot Co!. ACIl ~UL- Town.hlp aI Cumbo . pa. ...1'" 11111 E".tl trl.I111T.' -, 0 r/ _')_ S-tJ ?> J ,?.5 - Oet. AmL lIobln P. ZlI1l'" . Cumbo Co, DI.1, CoL AQI BOOK.:]) 36 rACE1144 ,-- ,4 H n is as ( o : H C 7 ;i:iJ~ 0('\ ~t" !1lIJ v:E ~~ qJ' ~~ ~ II ~~ rl !i!~ '"(1---- ,rn:i! ,., ) 4. I <0 to: ., on - ,~.,.~... -iD'\ "'i Ul !1.l !-=>> ~ .::> )'i' O!Z ._,__. s;: IInlllliilllll ~ ( . , / -,,- ~. <XlHH:lNWEllIll1l OF PENNSYLVlINIlI t1)\lNl'Y OF :t)~ 88. on thi8, the..fu:d. day ot "-rnnhf'A , 1993, bltore me, II notaxy public, the W1dersigned officer., personally appeanxi GIlty L. Nalbandian and Dorothy Nalbandian, husband and wite, known to me (or satlsfllctorily prtIVBIl) to be the persons whose l1llIOOS are subscri.becl to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN lfITNESS IiIIEJUX)F, I have hereunto set my hand and seaL .' ....-:.. . ",' '" .. ,tolo ........ "'/~.... '10' to .....t '.. " . ~.,,/~., .~.:..t.,\ . . I ..,,~. I.!. -:J'.:. ~j../ iJ,.l\'tl'i' :-~e'" ~ Notaxy 1 CI ' :-ttlt, . ,l~,,')- "~.I'" \.,\)1> . (1.'- ~f." 0 ..':;~ ..... ......... ss. '-") My ocmmission Expiresl NOTARIAL SIW. STACEY L FINK, NolO.., PublIo ElII Mlnehctlltr Twp- York Co. . CommIWn-"..r. '~".fcb. Ig I CXfHlNWE1\IJ1'/1 OF PENNSYLVlINIlI t1)\lNl'Y OF CUIIIIERU\ND REXXll1DEIl in the Office for Jlecordlrq of Deeds, etc., in ond for said County, in Deed Dook No. JJ . vOlume~, Page /JY3 WITNESS my lIand and Official Seal this s:!0daY of ...man , 1993. ~.hJ~J~ ::ro ::::J :t::' C" t.f.l c: ~" r.: ~~ ::.1 Co' c, : . "",., :'.1 :-J :j. r" CJ'1 1: IiI Ul \:~; :..: . ("'. ::n g"I':':1 c: 'C'.~\ -.. r" .-. :'I\i', -: , ',-I: tf.l~ ." ,- . CD c.> ,~ :~ \';J:! -.3 '. roOK]) 36 PACEii45 . ~~f' 1 !M1Ll~l .-I o +1"1' tJlQJI'- E-lQJ.-I a: l.l t&:l+ltO ll:l tJl.... o s= a: +I to QJ> 011.1(.-1 l.l>' 2:tOUI 3:~S= o s= a:+lQJ ll:lUlll. to . t&:l . 2: .I( Hcnl.l <.-10 :<:.-1>< III l- ID II: " W ~ N m w . ~ w 0 0 . ~ .. II: .J III ~ ~ ~ :! .., . W III < Z Z > . ~ ~ w . " z I )- . Ul 0 0 ~ Z . I' II: ~ III Z . ~ . ... m . w .. .. ,; i It 0 <( )- ~ -- .- .- . .~- . . , !- . -.- FAX TRANSMISSION SHEET ~ ,~ TO: Ro nci.a t I Sc h n.1 elt DATE: JLlne IY 1':iCj ') FAX It: (-,11) ~Lj 3 "ic'loLj CONFIRMATION PHONE /I h \1) J'-I(j " L,"'l ?) 9 HE: ..1:\ e :'>~ 'I. Penn An ",1-1 "I onel N " ~ H nt te, 01 (.,II1.b..., lone' CC-'Jn1'\ 10~ C 1011')"" '3u ( rC\\... FROM: Hl"Olhc, Fe",..l , J~ldg'.OICI'> Cle,ll<. NUMBER Of PAGES INCLUDING THIS ONE: '-\ Jl~~j#.~~,,\1;,~llS~,j;!i~1:.~9:!~~~ fax ,t ',117-240-6462 . '+:f.i;Y9"U:;~"!x.P~;J!~!ic::,.Et:fp;r.()~lemswiththis transmission, c~~~ '))uf"at "'71/f.~40;';;6200 ~ " please .J .:; ',,rtA. " ,,",._~ . +. "^ _~.. ..4. g.,", ': '-~ .'"' ' , ""'.~"'~~.!'m>\!;'~ Kundoll Schrniclt 11111 '3'-1'3 .9).'-1(.,.') < TRANSACTION REPORT > 06-14-1995CWED) 09: 35 [ TRANSMIT J NO. DATE TIME 6-14 09:32 DESTINATION STATION 717 643 5664 PO. DURATION MOllE 4 0'02'42" NORMAL 4 0'02'42" RESULT OK 1664 " KENNETH L. HESS and : SANDRA L. HESS, husband and wife,: Plalntlrrs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS. MANNY, MOE AND JACK; GARY NALBANDIAN; tJdlb/a COMMERCIAL INDUSTRIAL REALTY; AND ALL THE RESPECTIVE ADMINISTRATORS, HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX : CLAIM BUREAU, ITS SUCCESSORS: AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST Defendants NO. 95-1427 CIVIL TERM CIVIL ACTION - LAW ANSWER AND NOW, comes Cumberland County Tax Claim Bureau. by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Answer of which the following is a statement: 1 . Admitted, 2. Denied. Defendant, Cumberland County Tax Claim Bureau, is without sufficient infonnation to fonn an opinion as to the truthfulness of the averments of this paragraph and therefore the same is denied. 3. Denied. The avennents of this paragraph are a conclusion of law to which no responsive pleading is required. 4. Denied. Defendant, Cumberland County Tax Claim Bureau. is without sufficient infonnation to fonn an opinion as to the truthfulness of the averments of this paragraph and therefore the same is denied. S. Denied. Defendant, Cumberland County Tax Claim Bureau, is without sufficient infonnation to form an opinion as to the truthfulness of the averments of this paragraph and therefore the same is denied. Answer Page 1 of 3 6. Denied. Defendant. Cumberland County Tax Claim Bureau, is without sufficient information to form an opinion as to the truthfulness of the averments of this paragraph and therefore the same is denied. 7. Denied. Defendant, Cumberland County Tax Claim Bureau, is without sufficient information to form an opinion as to the truthfulness of the averments of this paragraph and therefore the same is denied. By way of further answer. the averments of this paragraph are a conclusion of law to which no responsive pleading is required. 8. Denied. Defendant, Cumberland County Tax Claim Bureau, is without sufficient information to form an opinion as to the truthfulness of the averments of this paragraph and therefore the same is denied. WHEREFORE, Defendant, Cumberland County Tax Claim Bureau, prays your Honorable Court for a judgment not inconsistent with the New Maller which follows. NEW MATTER 9. Cumberland County Tax Claim Bureau shows, as of this date, no delinquent real estate taxes owed by the Plaintiffs or the adjoining property owners. The Bureau takes no position with regard to the ownership of the property in question. The Bureau, however, objects to any judgment which would propert to vest title to the property in any party free and clear of all liens and encumbrances as there are current taxes which may be a lien on the property and there may be delinquent taxes by the time this mailer reaches judgment. WHEREFORE, the Defendant, Cumberland County Tax Claim Bureau, prays your Honorable Court that any final judgment provide that the property vest "free and clear of all liens, encumbrances, and any and all other claims whatsoever of any other person or persons or entities or otherwise, except for real estate taxes." 1J1J?f ? /7'75 Respectfully submilled. ~~1J~ /~ St phe . Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 1.0. No.: 32318 Answer Page 2 01 3 , '. VERIFICATION I, Jacob L. Heisey, Tax Administration Supervisor. depose and say that the facts set forth in the foregoing Answer are true and correct based partly upon personal knowledge Wld the remainder upon infonnation Wld belief; I understWld that this Verification is made subject to the penalties of 18 Pa. C.S. ~ 4904. relating to unsworn falsification to authorities, Dated: a:: ~.' / vf: <</ j" Jac~ L. Heisey Answer Page 3 01 3 , ' , KENNETH L. HESS and : SANDRA L. HESS, husband and wife,: Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. WILLIAM PENN; THOMAS PENN; JOHN PENN; OVERNIGHT TRANSPORTATION COMPANY; THE PEP BOYS. MANNY, MOE AND JACK; GARY NALBANDIAN; tJdlb/a COMMERCIAL INDUSTRIAL : REALTY; AND ALL THE RESPECTIVE ADMINISTRATORS, HEIRS AND ASSIGNS; THE CUMBERLAND COUNTY TAX CLAIM BUREAU, ITS SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES IN INTEREST Defendants NO. 95.1427 CIVIL TERM . . . . CIVIL ACTION. LAW ANSWER AND NOW, comes Cumberland County Talt Claim Bureau, by Stephen D. Tiley, Esquire. Assistant Cumberland County Solicitor, and files this Answer of which the following is a statement: I. Admitted. 2. Denied. Defendant, Cumberland County Tnlt Claim Bureau. is without sufficient infonnation to fonn an opinion as to the truthfulness of the avennents of this paragraph and therefore the same is denied. 3. Denied. The avennents of this paragraph are a conclusion of law to which no responsive pleading is required. 4. Denied. Defendant. Cumberland County Talt Claim Bureau, is without sufficient infonnation to form an opinion as to the truthfulness of the avennents of this paragraph and therefore the same is denied. S. Denied. Defendant. Cumberland County Talt Claim Bureau, is without sufficient infonnation to fonn an opinion as to the truthfulness of the avennents of this paragraph and therefore the same is denied. Answer Page 1013 6. Denied. Defendant, Cumberland County Tax Claim Bureau, is without sufficient information to form an opinion as to the truthfulness of the averments of this paragraph IlDd therefore the same is denied. 7. Denied. Defendant. Cumberland County Tax Claim Bureau, is without sufficient information to form an opinion as to the truthfulness of the averments of this paragraph IlDd therefore the same is denied. By way of further IlDswer, the averments of this paragraph are a conclusion oflaw to which no responsive pleading is required. 8. Denied. Defendant, Cumberland County Tax Claim Bureau, is without sufficient information to form an opinion as to the truthfulness of the averments of this paragraph IlDd therefore the same is denied. WHEREFORE, Defendant, Cumberland County Tax Claim Bureau, prays your Honorable Court for a judgment not inconsistent with the New Matter which follows. NEW MATTER 9. CumberlllDd County Tax Claim Bureau shows, as of this date, no delinquent real estate taxes owed by the Plaintiffs or the adjoining property owners. The Bureau takes no position with regard to the ownership of the property in question. The Bureau. however. objects to IlDY judgment which would proport to vest title to the property in IlDY party free IlDd clear of all liens IlDd encumbrances as there are current taxes which may be a lien on the property and there may be delinquent taxes by the time this matter reaches judgment. WHEREFORE. the Defendant, Cumberland County Tax Claim Bureau, prays your Honorable Court that any final judgment provide that the property vest "free and clear of all liens, encumbrances, and any and all other claims whatsoever of any other person or persons or entities or otherwise, except for real estate taxes." /}1J?y 1 ;''1'?5 Respectfully submitted, #~~~ /~ St phe . Tiley, Esquire . Assistant CumberlllDd County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 I.D. No.: 32318 Answer Page 2 of 3