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BETTY M. ORNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
95-35'5/ H~~""
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS,
Defendants
QUIET TITLE
NOTICE
YOU ARE NOTIFIED that the Plaintiff has commenced an action
to quiet title against you by complaint filed to the above term
and number on July 18, 1995, which action you are required to
defend. You are required to plead to the said complaint within
twenty (20) days after service has been completed by publication,
or judgment by default may be entered against you. This action
concerns the premises hereinafter described:
BEGINNING at an iron pin along the north side of an un-
named 12' wide public alley, which iron pin is
referenced as North 9 degrees 03 minutes 00 seconds
West, a distance of 12.00 feet from an existing
Railroad Spike located along the south side of the said
public alley at the southeast corner of Lot number 5 as
shown on a Final Subdivision Plan for Lynn G.
Brenneman, Sr., which plan is recorded in Cumberland
county Plan Book 31 Page 118: thence from the Place of
Beginning North 09 degrees 03 minutes 00 seconds West,
a distance of 79.35 feet along Lot number 5 now or
formerly of Lynn G. Brenneman, Jr., et ux. to an iron
pin; thence North 09 degrees 03 minutes 00 seconds
West, a distance of 100.25 feet along Lot number 3 now
or formerly of William G. Fort, Jr., to an iron pin;
thence North 09 degrees 03 minutes 00 seconds West, a
distance of 61.02 feet along Lot number 1 now or
formerly of Lynn G. Brenneman, Jr., et ux. to a point
in the middle of the Tail Race; thence South 41 degrees
21 minutes 49 seconds East, generally along the
centerline of the Tail Race, a distance of 282.47 feet
along lands now or formerly of Daniel A. Garonzik to
another point in the middle of the Tail Race; thence
South 80 degrees 13 minutes 51 seconds West, a distance
of 151.01 feet along the north side of the aforesaid
un-named 12' wide public alley to an iron pin, the
Place of BEGINNING.
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CONTAINING a total area of 0.4170 acres, and being described
in accordance with a survey by Eugene A. Hockensmith, PLS,
dated July 1, 1994, and recorded in Cumberland County Right-
of-way Plan Book Page ____.
BEING improved with certain foundation structures and
buildings as shown on the aforesaid survey. Also being
improved with a well, and having public sewer available in
the un-named 12' wide public alley, both as shown on the
aforesaid survey.
SUBJECT, however, to a 14 foct wide right-of-way along the
Tail Race as describe on deed 1'-~0-238, and presumed to be 7
feet on each side of the centerline of the Tail Race.
BEING a triangular shapec tract of land; and being the same
property which was conveyed to William C. Donnelly as W.C.
Donnelly by The First National Bank of Mount Holly Springs
by deed dated June 16, 1939 and recorded in the office
aforesaid in Deed Book "E" Volume 18, Page 270; the
description herein set forth being a corrected description
for the one therein set forth.
This notice is given in accordance with an Order of Court
entered , 1995, to serve you by
publication once a week for three successive weeks in the
Patriot-News and the Cumberland County Law Journal. If no answer
is filed to the complaint in this matter within twenty (20) days
fOllowing the third and final publications, a motion will be
presented to the Court of Common Pleas of Cumberland County
requesting the entry of a judgment by default against the defen-
dants. The effect of said judgment would be to forever bar the
defendants from asserting any claims, liens or interests which
they may have in the real estate described herein and to est
title in fee simple in the plaintiff.
If you wish to defend, you must enter a written appearance
personally or by attorney and file your defenses or objections in
writing with the court. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be
entered against you without further notice for the relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
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William c. VOhs, Bsquire
HANFT , VOHS
11 W. Pomfret street, Suite 2
Carlisle, PA 17013
Attorney for Plaintiff
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YOU SHOULD TAKB THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YOU
DO NOT HAVB A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TBLBPHONB THB
OFFICB SBT FORTH BBLOW TO FIND OUT WHBRE YOU CAN GBT LBGAL HBLP.
Court Administrator's Office
Fourth Floor
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Phone: 717/ 240-6200
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BETT'l M. ORNER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNT'l, PENNS'lLVANIA
CIVIL ACTION
NO. 95- 36'SJ
'J;tA""
- LAW
ft.: '7
v.
WILLIAM C. DONNELL'l,
HIS HEIRS AND ASSIGNS,
Defendants
QUIET TITLE
COMPLAINT
AND NOW, this 18th day of July, 1995, comes the plaintiff,
Betty M. Orner, by and through her attorneys, Hanft & Vohs, and
states the following cause of action:
1. The plaintiff, Betty M. Orner, is an adult individual
residing at 25 East pine street, Mount Holly spings, cumberland
county, pennsylvania.
2. The Defendants are individuals whose present whereabouts
are unknown.
3. The plaintiff is the owner of a tract of land in the
Borough of Mount Holly Springs, cumberland county, pennsylvania,
which was acquired by deed of william C. Donnelly to Charles M.
Orner and Betty M. Orner, husband and wife, dated June 6, 1961,
recorded June 6, 1961 in Deed Book 20 Volume F at Page 238, said
premises are described as follows:
All those two certain tracts of land situate in the
borough of Mount Holly springs, cumberland county,
pennsylvania, bounded and described as follows
TRACT NO.1:
On the North by an alley 10 feet wide; on the East by land
now or formerly of Randall Miller: on the south by East pine
street; and on the West by land now or formerly of
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Kitzmiller Bros.; having a frontage of 40 feet on East pine
street and extending 180 feet in depth to the alley
aforesaid; and being improved with a dwelling house known as
No. 25 East pine street.
BEING the same property which was conveyed to William C.
Donnelly and Corliss K. Donnelly, his wife, by Corliss K.
Donnelly, by deed dated June 25, 1941 and recorded in the
office of the Recorder of Deeds for Cumberland died on
September 17, 1941 thereby vesting title in William C.
Donnelly as surviving tenant by the entirety.
TRACT NO.2:
BEGINNING at the corner of an alley North of East pine
street and a right-of-way 14 feet wide along the Tail Race::
thence along the Northern side alley North of East pine
street, South 80 degrees West 45 feet, more or less, to a
point; thence by land conveyed to Carl G. Kirsch by Mount
Holly Paper company by deed dated July 30, 1897 and recorded
in the office aforesaid in Deed Book "J", Volume 6, Page 22,
North 14 \ degrees West 40 feet, more or less, to a point on
the aforesaid right-of-way 14 feet wide along the Tail Race;
thence along said right-of-way, South 48 degrees 38 minutes
East 60 feet, more or less, to the Place of Beginning.
BEING a triangular shaped tract of land; and being the same
property which was conveyed to William C. Donnelly as W.C.
Donnelly by The First National Bank of Mount Holly springs
by deed dated June 16, 1939 and recorded in the office
aforesaid in Deed Book "E" Volume 18, Page 270; the
description herein set forth being a corrected description
for the one therein set forth.
4. The title to said Tract Two of this ground has been
brought in question because the deed of William C. Donnelly has
an erroneous legal description and an incomplete recital.
5. The legal description of said Tract Two of this ground
should be described as follows:
BEGINNING at an iron pin along the north side of an un-named
12' wide public alley, which iron pin is referenced as North
9 degrees 03 minutes 00 seconds West, a distance of 12.00
feet from an existing Railroad spike located along the south
side of the said public alley at the southe~st corner of Lot
number 5 as shown on a Final Subdivision Plan for Lynn G.
Brenneman, Sr., which plan is recorded in Cumberland County
Plan Book 31 Page 118: thence from the Place of Beginning
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North 09 degrees 03 minutes 00 seconds West, a distance of
79.35 feet along Lot number 5 now or formerly of Lynn G.
Brenneman, Jr., et UK. to an iron pin; thence North 09
degrees 03 minutes 00 seconds West, a distance of 100.25
feet along Lot number 3 now or formerly of William G. Fort,
Jr., to an iron pin; thence North 09 degrees 03 minutes 00
seconds West, a distance of 61.02 feet along Lot number 1
now or formerly of Lynn G. Brenneman, Jr., et UK. to a point
in the middle of the Tail Race; thence South 41 degrees 21
minutes 49 seconds East, generally along the centerline of
the Tail Race, a distance of 282.47 feet along lands now or
formerly of Daniel A. Garonzik to another point in the
middle of the Tail Race; thence South 80 degrees 13 minutes
51 seconds West, a distance of 151.01 feet along the north
side of the aforesaid un-named 12' wide pUblic alley to an
iron pin, the Place of BEGINNING.
CONTAINING a total area of 0.4170 acres, and being described
in accordance with a survey by Eugene A. Hockensmith, PLS,
dated July 1, 1994, and recorded in Cumberland County Right-
of-way Plan Book Page .
BEING improved with certain foundation structures and
buildings as shown on the aforesaid survey. Also being
improved with a well, and having public sewer available in
the un-named 12' wide pUblic alley, both as shown on the
aforesaid survey.
SUBJECT, however, to a 14 foot wide right-of-way along the
Tail Race as describe on deed F-20-238, and presumed to be 7
feet on each side of the centerline of the Tail Race.
BEING a triangular shaped tract of land; and being the same
property which was conveyed to William C. Donnelly as W.C.
Donnelly by The First National Bank of Mount Holly Springs
by deed dated June 16, 1939 and recorded in the office
aforesaid in Deed Book "E" Volume 18, Page 270; the
description herein set forth being a corrected description
for the one therein set forth.
6. Prior to the conveyance to William C. Donnelly, the
title to the property devolved as follows:
A. The First National Bank of Mount Holly Springs to
W.C. Donnelly by deed dated June 16, 1939, and recorded December
16, 1957, in Deed Book 18, Volume E, Page 270.
B. Thomas C. Nell, et.uK to William C. Donnelly by
deed dated May 1, 1925, and recorded December 16, 1957, in Deed
Book 18, Volume E, Page 268.
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7. The Plaintiff and her predecessors in title have been in
open and notorious possession of said Tract Two aforesaid
property since June 6, 1961.
WHEREFORE, Plaintiff requests the Court to decree the title
to said property to be in the Plaintiff and to enjoin the
Defendants from setting up any title to said premises or from
impeaching, denying or in any other way attacking the Plaintiff's
title to said property.
Respectfully submitted,
HANFT & VOHS
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w~ C. Vohs, Esqu re
Attorney ID No. 65208
11 W. Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Plaintiff, Betty
M. Orner
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VERIJ'ICATIOII
I verify that the statements made in this complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S., section 4904, relating to
unsworn falsification to authorities.
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Betty . Orner
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BETTY M. ORNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-3851 EQUITY TERM
QUIET TITLE
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS,
Defendants
ORDER OF COURT
AND NOW, this z.S ~day of July, 1995, upon consideration of
Plaintiff's Motion for Publication and the affidavit filed in
support thereof, Plaintiff is granted leave to make service of the
Complaint upon Defendants by publication in accordance with
C.C.R.P. 1009-1 and Pa. R.C.p. 430(b), once a week for three
successive weeks in a newspaper of general circulation in
Cumberland County and in the Cumberland County Law Journal.
BY THE COURT,
J
William C. Vohs, Esq.
11 W. Pomfret Street, Suite 2
Carlisle, PA 17013
Attorney for Plaintiff
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BETTY M. ORNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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NO. 95- 311SI EOv I ry Tf: (\.f.-!
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS
Defendants
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QUIET TITLE
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ORDER OP PUBLICATION
AND NOW, this
day of
, 1995, upon
consideration of the within motion and affidavit filed by
Plaintiff, Plaintiff is hereby granted leave to make service of the
complaint upon the defendants, their heirs and assigns by
publication of notice of filing thereof once a week for three
successive weeks in the Patriot-News and Cumberland County Law
Journal, along with notice to defend as set forth in Pa.R.C.P.
l00gef) and notice to plead to said complaint within twenty days of
the last date of publication.
BY THE COURT,
J.
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BETTY M. ORNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95- Jj'J{ q4 1M--
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS,
Defendants
QUIET TITLE
MOTION FOR PUBLICATION
AND NOW, this 18th day of July, 1995, an affidavit having
been executed and filed by the Plaintiff on July 18, 1995, in the
above-captioned matter that the identity and whereabouts of the
Defendant, his heirs and assigns are unknown or are dead, the
Plaintiff, by her attorneys, Hanft & Vohs, move the Court for
leave to serve the complaint upon the defendants by publication
in such manner as the court shall direct, as provided for by
Pa.R.C.P. 1064 (c).
Respectfully submitted,
HANFT & VOHS
W 11 am C. Vohs, Esqu re
Attorney 10 No. 65208
11 W. Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Plaintiff, Betty
M. Orner
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BETTY M. ORNER,
plaintiff
CIVIL ACTION - EQUITY
NO. 95-3851 EQUITY TERM
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS,
Defendants
QUIET TITLE
.
.
ORDER OP COURT
AND NOW, this ~ day of August, 1995, upon consideration
of the plaintiff's Amended Motion for publication and the
affidavit filed in support thereof, Plaintiff is granted leave to
make service of the Complaint upon Defendants by pUblication in
accordance with C.C.R.P. 1009-1 and Pa. R.C.P. 430(b), by
publishing the required notice once in a newspaper of general
circulation in Cumberland County and once in the the Cumberland
Law Journal.
BY THE COURT,
J.
William C. Vohs, Esquire
11 W. Pomfret street, suite
Carlisle, PA 17013
Attorney for plaintiff
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BETTY M. ORNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
.
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.
NO.
95-3851 EQUITY TERM
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS,
Defendants
QUIET TITLE
AMENDED MOTION POR PUBLICATION
AND NOW, this 8th day of August, 1995, an affidavit having
been executed and filed by the Plaintiff on July 18, 1995, in the
above-captioned matter that the identity and whereabouts of the
Defendant, his heirs and assigns are unknown or are dead, the
Plaintiff, by her attorneys, Hanft & Vohs, move the Court for
leave to serve the complaint upon the defendants by publication
in such manner as the court shall direct, as provided for by
Pa.R.C.P. 1064 (c).
Respectfully sUbmitted,
HANFT & VOHS
W 11 am C. Vo s, Esqu re
Attorney ID No. 65208
11 W. Pomfret Street, suite 2
carlisle, PA 17013
(717) 249-5373
Attorneys for Plaintiff, Betty
M. Orner
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BETTY M. ORNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 95-3851 EQUITY TERM
v.
WILLIAM c. DONNELLY,
HIS HEIRS AND ASSIGNS,
Defendants
QUIET TITLE
AMENDED MOTION FOR PUBLICATION
AND NOW, this 8th day of August, 1995, an affidavit having
been executed and filed by the Plaintiff on July 18, 1995, in the
above-captioned matter that the identity and whereabouts of the
Defendant, his heirs and assigns are unknown or are dead, the
Plaintiff, by her attorneys, Hanft & Vohs, move the Court for
leave to serve the complaint upon the defendants by publication
in such manner as the court shall direct, as provided for by
Pa.R.C.P. 1064 (c).
Respectfully submitted,
HANFT & VOHS
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W 11 am C. Vo s, Esqu re
Attorney ID No. 65208
11 W. Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Plaintiff, Betty
M. Orner
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BETTY M. ORNER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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v. I CIVIL ACTION - EQUITY
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WILLIAM C. DONNELLY,;U 1 I
HIS HEIRS AND ASSIGNS, c,,:;.,).rl.
Defendants i'l .:. :NO. 95-3851 EQUITY TERM
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P':':'h:. L',;
ORDER OF COURT
AND NOW, this \~iL day of November, 1995, it appearing that a
Complaint, with Notice to Defend was filed herein on July 19, 1995,
and that the same was served upon the Defendants herein by
newspaper publication in accordance with the Order of Court dated
July 25, 1995, all as set forth in the Affidavit of Service filed
herein on october 16, 1995, and it further appearing that no
appearance has been entered nor any Answer or other pleading has
been filed herein on behalf of the said Defendants, or any of them,
within the time allotted by law for the same, and upon Motion of
William C. Vohs, Esq., attorney for the Plaintiff, it is hereby
ordered and directed that judgment by default be, and the same
hereby is, entered in favor of the Plaintiff, Betty M. Orner, and
against the Defendants, William C. Donnelly, his heirs and assigns.
AND IT IS FURTHER ordered and directed that the said
Defendants be, and the same hereby are, forever barred from
asserting any right title, interest or claim inconsistent with the
right, title, interest and claim of the Plaintiff herein as set
forth in Plaintiffs' Complaint with respect to the lands herein
described I
BEGINNING at an iron pin along the north side
of an unnamed 12' wide public alley, which
iron pin is referenced as North 9 degrees 03
minutes 00 seconds West, a distance of 12.00
feet from an existing Railroad Spike located
along the south side of the said public alley
at the southeast corner of Lot number 5 as
shown on a Final Subdivision plan for Lynn G.
Brenneman, Sr., which plan is recorded in
Cumberland County Plan Book 31 Page 118:
thence from the Place of Beginning North 09
degrees 03 minutes 00 seconds West, a distance
of 79.35 feet along Lot number 5 now or
formerly of Lynn G. Brenneman, Jr., et UK. to
an iron pin; thence North 09 degrees 03
minutes 00 seconds West, a distance of 100.25
feet along Lot number 3 now or formerly of
William G. Fort, Jr., to an iron pin; thence
North 09 degrees 03 minutes 00 seconds West, a
distance of 61.02 feet along Lot number 1 now
or formerly of Lynn G. Brenneman, Jr., et ux.
to a point in the middle of the Tail Race;
thence South 41 degrees 21 minutes 49 seconds
East, generally along the centerline of the
Tail Race, a distance of 282.47 feet along
lands now or formerly of Daniel A. Garonzik to
another point in the middle of the Tail Race;
thence South 80 degrees 13 minutes 51 seconds
West, a distance of 151.01 feet along the
north side of the aforesaid un-named 12' wide
public alley to an iron pin, the Place of
BEGINNING.
CONTAINING a total area of 0.4170 acres, and
being described in accordance with a survey by
Eugene A. Hockensmith, PLS, dated July 1,
1994.
BEING improved with certain foundation
structures and buildings as shown on the
aforesaid survey. Also being improved with a
well, and having public sewer available in the
un-named 12' wide public alley, both as shown
on the aforesaid survey.
SUBJECT, however, to a 14 foot wide right-of-
way along the Tail Race as describe on deed F-
20-238, and presumed to be 7 feet on each side
of the centerline of the Tail Race.
BEING a triangular shaped tract of land; and
being the same property which was conveyed to
William C. Donnelly as W.C. Donnelly by The
First National Bank of Mount Holly Springs by
deed dated June 16, 1939 and recorded in the
office aforesaid in Deed Book "E" Volume 18,
Page 270; the description herein set forth
being a corrected description for the one
herein set forth.
unless the said Defendants shall, within thirty (30) days after
service and publication of the notice of this Order, commence an
Action in Ejectment or other appropriate action to assert any claim
they may have in and to the said lands against the Plaintiff
hereinl and upon the failure of the Defendants, or any of them, to
commence such action against the Plaintiff within thirty (30) days
after such service and publication, the Prothonotary of Cumberland
County, Pennsylvania, is directed, upon praecipe of the Plaintiff,
to enter final judgment herein in favor of the Plaintiffs and
against the Defendants pursuant to Pa. R.C.P. 1066(b) (1) and
C.C.R.P. 1066.4, and to cause a true and attested copy of this
Order and such final judgment to be recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, the
same to be indexed in the name of William C. Donnelly, his heirs
and assigns, as Grantors, and in the name of Betty M. Orner, as
Grantee.
BY THE COURT,
J.
AND NOW, this ~/S" day of ~ktl'l ' 1995, no Action in
Ejectment or other appropriate action having been commenced by the
Defendants herein, or any of them, against the Plaintiff herein
within thirty (30) days after the service and publication of notice
of the Order of Court dated /I/.tttl"'.k /'1 , 1995, and upon
praecipe of William C. Vohs, Esq., attorney for Plaintiff, pursuant
to C.C.R.P. 1066.4, final judgment herein is hereby entered in
favor of the Plaintiff and against the Defendants pursuant to Pa.
R.C.P. 1066(b)(1) and C.C.R.P. 1066.4.
iai.~/)Lc-AL e. I'V~
Prothonotary
-fit; ili~,--{j. IV~, ~ '
William C. Vohs, Esq.
11 W. Pomfret St., Suite 2
Carlisle, PA 17013
Attorney for Plaintiff
:rc
.
.
.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BETTY M. ORNER,
Plaintiff
CIVIL ACTION - EQUITY
NO. 95-3851 EQUITY
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS,
Defendants
QUIET TITLE
ORDER OF COURT
AND NOW, this ____ day of October, 1995, upon motion of
Plaintiff, Betty M. Orner, and upon consideration of an affidavit
filed on October 16, 1995, by William C. Vohs, Esquire, attorney
for Plaintiff, indicating that Notice was published in accordance
with the Order of Court dated August 9, 1995, and that Defendants
have failed to file any response to that Notice or the complaint,
Judgment is hereby entered in favor of Plaintiff and against
Defendants.
It is hereby ordered and decreed that Defendants are forever
barred from asserting any claims, liens or interests which they
may have in the real estate described herein and that title in
fee simple is vested in Plaintiff, Betty M. Orner as the true and
lawful owner of the following tract of land:
BEGINNING at an iron pin along the north side of an un-
named 12' wide public alley, which iron pin is
referenced as North 9 degrees 03 minutes 00 seconds
West, a distance of 12.00 feet from an existing
Railroad Spike located along the south side of the said
publi~ alley at the southeast corner of Lot number 5 as
shown on a Final Subdivision Plan for Lynn G.
Brenneman, Sr., which plan is recorded in Cumberland
County Plan Book 31 Page 118: thence from the Place of
("WC'\'~dllt.PD
Beginning North 09 degrees 03 minutes 00 seconds West,
a distance of 79.35 feet along Lot number 5 now or
formerly of Lynn G. Brenneman, Jr., et UK. to an iron
pin; thence North 09 degrees 03 minutes 00 seconds
West, a distance of 100.25 feet along Lot number 3 now
or formerly of William G. Fort, Jr., to an iron pin;
thence North 09 degrees 03 minutes 00 seconds West, a
distance of 61.02 feet along Lot number 1 now or
formerly of Lynn G. Brenneman, Jr., et UK. to a point
in the middle of the Tail Race; thence South 41 degrees
21 minutes 49 seconds East, generally along the
centerline of the Tail Race, a distance of 2B2.47 feet
along lands now or formerly of Daniel A. Garonzik to
another point in the middle of the Tail Race; thence
South BO degrees 13 minutes 51 seconds West, a distance
of 151.01 feet along the north side of the aforesaid
un-named 12' wide public alley to an iron pin, the
Place of BEGINNING.
CONTAINING a total area of 0.4170 acres, and being described
in accordance with a survey by Eugene A. Hockensmith, PLS,
dated July 1, 1994.
BEING improved with certain foundation structures and
buildings as shown on the aforesaid survey. Also being
improved with a well, and having public sewer available in
the un-named 12' wide public alley, both as shown on the
aforesaid survey.
SUBJECT, however, to a 14 foot wide right-of-way along the
Tail Race as describe on deed F-20-23B, and presumed to be 7
feet on each side of the centerline of the Tail Race.
BEING a triangular shaped tract of land; and being the same
property which was conveyed to William C. Donnelly as W.C.
Donnelly by The First National Bank of Mount Holly Springs
by deed dated June 16, 1939 and recorded in the office
aforesaid in Deed Book "E" Volume 1B, Page 270; the
description herein set forth being a corrected description
for the one therein set forth.
BY THE COURT,
J. Wesley Oler, Jr., Judge
l:\~Q:nt1DQ"
BETTY M. ORNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 95-3851 EQUITY
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS
Defendants
QUIET TITLE
MOTION FOR JUDGMENT
AND NOW, this 16th day of October, 1995, an affidavit having
been executed and filed by William C. Vohs, Esquire on behalf of
the Plaintiff that the complaint, with notice to plead, has been
served on the defendants by the means and on the dates indicated
in the copy of the affidavit of service attached hereto, and the
defendants have not answered; the Plaintiff by their attorney,
William C. Vohs, Esquire, moves the Court to enter judgment in
favor of the Plaintiff and against the defendants, and to grant
the relief prayed for in accordance with the Pennsylvania Rules
of civil Procedure.
Respectfully submitted,
HANFT & VOHS
W 11 a C. re
Attorney 10 No. 65208
11 W. Pomfret street, Suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Plaintiff, Betty
M. Orner
r IwtW1JDo1T.IlU/fJlwn......., ..y
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BETTY M. ORNER,
Plaintiff
CIVIL ACTION - EQUITY
v.
: NO. 95-3851 EQUITY
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS
Defendants
QUIET TITLE
AFFIDAVIT OF SERVICE
COHKONWEALTH OF PENNSYLVANIA)
COUNTY
OF
COMBERLAND)
I, William C. Vohs, Esquire being duly sworn according to law
deposes and says that notice of the above-referenced action was given to
the defendant by publication appearing in the The Sentinel on August 18,
1995, and in the Cumberland Countv Law Journal on August 18, 1995,
proofs of which are attached hereto.
Jrl!t~
William c. Vohs
Sworn to and subscribed before me
this /6% day of C't.'n/(~,'~, 1995.
j/l"~i;'i#-
N(.i"'''.i' Seal
Michool J. 1t"..It. Nolary Public
r .lfhslc Cora. Cumberland County
.....1101IIlisf.IOI' r:\piltlSApnl 13. 1998
:.;:;.:7\-:.i '"I.\f,:'{x;nliOfl0INJt.l~"'$
"
State of Pennsylvania,
County of Cumberland. ss:
Sherry Clifford, I\dvertising Salcs nop of THE SENTINEL,
of the County and Slale aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation In the Borough of Carlisle, County and Slole aforesaid, was eslabllshed December 13th, 1881,
since which dale THE SENTINEL has been regularly Issued In said County, and that the printed notice or
publication atlached hereto Is exactly Ihe same as was prlnled and published In the reular editions and Issues 01
THE SENTINEL on the following dales, vlz
Copy of Notice of Publication
.~... \~'+~IN THE COURT OF COMMON PLEAS OF
I .. ~ :"WCUMBERLAND COUNTYjPENNSVLVANIA
.. ..............-.. .. .
.' ..: \
BEnv M. ORNER.
PlalnllW
CIVIL ACTION . LAW
NO. 95-3851 EOUITY TERM
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS
Delendanla
TO: WlIIIMl C. Donnolly, hla hollll Ind lIalgnl
OUIET TITlE
~
YOU ARE NOTIFIED lhel the Plalnllll. Bolty M. Omer. hea commanced
an Icllon to qulol tillo agalnal you by complalnl lIIod 10 Ihe ebova lerm and numbor
on July 18. 1995, which ac1lon you era roqulrod 10 dofand. You oro roqulrad 10 plaed
to the aaId compl~nl wfthln lwenty (20) days allar aarvlce has been complalod by
publlcallon, or Judgmenl by dalaull may be anlerad egalnsl you. This ection
concerns the pramlses herelnaller descrlbod:
BEGINNING al an Iron pin along the north side 01 unnamod 12' wfde public
alley. which Iron pin Is ralarenced as North 9 dagraes 03 mlnutes 00 seconds
Wes~ e distance 01 12.00 'eel lrom en existing Railroad Spike localod along
the IOuth slda ollhe said public ellay elthe southoasl comar 01 Lol number 5
es ahown on e Final Subdlvtslon Plen lor Lynn G. Branneman. Sr.. which plan
Is recorded In Cumberland County Plan Book 31 Page 118: thance from Ihe
Place of BaglMlng North 09 degrees 03 minutes 00 seconds West. a dlslance
0179.35 feel along Lol number 5 now or formerly of Lynn G. Brenneman. Jr.. el
us. 10 an Iron pln: thence North 09 degrees 03 minutes 00 seconds Wesl. a
d1sl4nCe 01100.25leet along Lot number 3 now or lormerty 01 William G. Fort.
Jr.. 10 in Iron pin: thence .North 09 degreea 03 minutes 00 seconds Wesl. a
dlslance 0181.02 feal along LoI number 1 now or formerty of Lynn G.
Brannaman. Jr.. el us. to a poInl In Ihe mlddlo 01 the Tall Rece; Ihence Soulh
41 degrees 21 minutes 49 seconds Easl. ganorally along the centorllne ollhe
Tall Race. a distance of 2S2.47 leel along lands now or lormerty 01 Danlol A.
Faronzfk 10 another point In the middle 01 the Tall Race: Ihence South SO .
degraes13 mlnutes 51 seconds West. a distance 01151.011eet along Ihe
north side 01 the aforesaid unnamod 12' wfde public aDey 10 an Iron pin. the
Place 01 BE;GINNING.
CONTAINING a lolal area 01 0.4170 acres. and being describod In accordance
wfth a aurvey by Eugane A. Hockensmith. PLS. daled July 1. 1994.
BEING Improved wllh certain 10undallon slruc1uras and buildings as shown on
the aloreseld survey. Also being Improved wfth a weD. and having publiC sewer
available In the unnamed 12' wfde public alley. both as shown on the aloraseld
survey. .
SUBJECT. however. 10 a 14 1001 side rlghl.ol.way along Ihe Tall Race as
doscrlbod on deed F.2Q.238. and prasumed 10 be 7 leel on eech side of Ihe
cenlerllna 01 the Tall Rece.
BEING a Irlangular shapod Irac1 of land; and being Ihe seme properly WhIch
was conveyed 10 Win/am C. Donnelly as W.C. Donnelly by Tho First Nallonal
Bank 01 Mount Holly Sprlngs by deed dated June 18. 1939 end recordod In the
omce aforesald In Dood Book 'E" VoIumo 18. pego 27e: Iho descripllon herein
ael forth being a corroclod descrlpllon lor tho ono thoroln sollorth.
ThIa notice Is given In sccordance wllh an Order of Court enlorod August
9. 1995.10 aarve you by publication once In a nOWlplptr of ganeral clrculation In
Cumberland Counly end Ihe Cumborland Counly Law Journal. II no answor Is filod
10 tho complalnlln Ihls mailer wfthln !wenty (20) days loIlowIng Ihe publlcetlons; a
mollon wfll be presanled 10 Ihe Court of Common Ploas 01 Cumborland County
roquasnng tho enlry 01 a ludgmant by delsult against Iho defondants. Tho anec1 01
ssld judgmenl would be to foravor bar Ihe delendanls from assorting any dalms,
lions or Interasts which they may hava In tha real oslato doscrlbed horeln and to esl
tllle In foo slmplo/n Iho plaint/II. .
If you wish 10 defend. you must anlor a written appearsnco porsonelly or
by anomey and filo your dolonsos or olllocllonsln wrlllng wllh Iho court. You aro
wsmad that It you 'all 10 do 10. Ihe case may procood wIIhout you and a Judgmenl
msy be onlered against you wfthout furthor notice for tho r.nol roquosled by Iha
plalnt/n. You may losa monoyor proporly or olhor rlghtslmportanl 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 OUR WHERE YOU
CAN GET LEGAL HELP.
Court Admlnlslralor's OUlco
Fourth Floor
Cumborland County Courthouso
Ca~lslo. PA 17013
Phono: (717) 240.8200
William C. VOhs, Esqulro
HANFT" & VOHS
1 I Wosl Pomlrot Slroo.. Sulto 2
C.~islo. PA 17013
(717)249.5373
At/ornoy lor. Plalnllll
August 18, 1995
poses that he Is not Interested In
'r of the aforesaid notice or
,d that all allegations In the
ent as to time, place and character
I true.
Lf~-~~
8/31/95
'scribed before me this (1'-ts 7'
'57 .19 9'~
I;~ d". ~.z;-W
/ N';tt?fpUbllC
xpJres:
1aI
=rN*l
1S.M1o~7
, ,
ss.
I'ROOF OF I'lJlILICATlON OF :'\OTlCE
IN CUl\lUEltLAND LAW ,IOUltNAL
(Undcr Act No. 5X7. approved May 1(" 1'12<)). P. L.17X4
STATEOFPENNSYLVANIA :
COUNTY OF CUMBERLAND:
Roger M. Morgenthlll, Esquire. Editol' of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn. according to law. deposes and says that the Cumberland
Law Journal, a legal peliodicul published in the Borough of Carlisle in the County and State
aforesaid. was established January 2. 1952. und designated by the local courl~ us the ofticiul
legal periodical for the publicution of all legal notices, and has. since January 2, 1952, been
regularly issued weekly in the said County. and that the printed notice or publication attached
hereto is exactly the same as was printed in the regular editions and issues of the said
Cumberland Law Journal on the following dutcs,
viz:
AUGUST Ill. 1995
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested is the subject
matter of the aforesaid notice or adveltisement. and that all allegations in the foregoing
statements us to time, place and character of publication are true.
SWORN TO AND SUBSCRIBED before me this
IX day of AUGUST .1995
"'-/ i
,
,-tiJ
NOIARIALS~1L
~EqU:NE UARHEYKJ. Ho"Y PL6!C
CI1,~l!.Cumblrb~CO:.~" ~...
IJtCommlsoionE....&i~~l
NOTICE
In Ihe Court of Common Ple09 of
Cumberlond Counly. Pennsylvania
CIvil AcUon-Law
No. 95.3851 E<lully Tenn
I3ETIY M. OR,...ER.
P1alnllff
v.
vnLL~C.DONNELLY.
HIS HEIRS A....D ASSIGNS
Derendants
-
TO: vnLLIAM C. DONNELLY. HIS
HEIRS AND ASSIGNS
-
QUlETlln.E
NanCE
YOU ARE NOTIfIED Ihal Ihe
Plalnllff. I3elly M. Orner. has com-
menced an acUon to quiet title
agalnsl you by eomplalnl med to the
above term and number on July 18.
1995. which aellon you arc required
to defend. You arc required 10 plead
to the said complaint within twenty
l20) days after semee h09 been com-
pleted by publleallon. or Judgmenl by
default may be enlered agalnsl you.
nus BeUan concerns the premlse9
hereinafter described:
I3EGlNNING al an Iron pin along
Ule north side of an unnamed 12'
wide public alley. which Iron pin Is
referenced as Norlh 9 degrees 03
minutes 00 seconds West. n distance
of 12.00 feel from an exIsllng R.,II-
road Spike "JCaled along the sOlllh
side or Ihe said public alley al lI,e
souUlcn.",l corner of Lot number 5 as
shown on n Fllml SutxUvtslon Plan
for Lynn O. Brenneman. Sr.. which
plnn 18 recorded to cumberland
Counly Plan Ilook 31 Page \l8;
thence from Ihe Place of Beginning
North ()<J degrees 03 mlnules 00 acc-
onds Wesl. a dlswnee of 79.35 feel
along Lot number 5 noW or fornu:rty
of Lynn G. Ilrenneman. Jr. el UX. 10
an ll'On pin; thence North 09 dewee.
03 minutes 00 scconds West. n d's.
tance of 100.25 r~el along Lot num.
ber 3 noW or formerly or WllIlam G.
fort. Jr.. to nn tron pin: thence North
09 degrees 03 mlnulU 00 seconds
Wesl. a dlswnee of 61.02 feet along
Lot number 1 noW or formerly of
L}"l1n a. Brenneman. Jr. el UX. lo a
paint In the middle of the TaU (lace;
thence South 4\ degrees 21 mlnu\c.
49 seconds East. generally along the
cenlerUneorlheTa11 Race. a distance
of 282.47 feel along londs nOW or
formerly of Daniel A. Gnronzlk to on-
other palnlln the middle of the Tall
(lace; thence South SO degrees \3
mlnules 51 seconds West. a dlStance
of \5\.0 \ feel along the north side of
lhe aIoreaald un-named 12' wide
pubUe alley 10 an Iron pin. the Place
of BEGINNING.
CO:olTAINING a lolal area of
0.4170 acres. ond being described In
accordance with a survey by Eugene
A. Hockensmith. PLS. dated July I.
\994.
BEING Improved wllh certain
foundallon suuelures and buildings
as shown on the aforesaid survey.
Also being Improved with a well. and
having public sewer available In the
un.named 12'wlde public alley. boll'
09 sbown on the aforesaid survey.
SUIlJECT. however. 10 a \4 foot
..ide rlghl.of.way along the Tall (lace
as describe on deed f-20.238. and
presumed to be 7 feet on each side of
the centerline of the Tall Race.
BEING a Irlangular shaped tract
of land: and being the same property
whleb was conveyed 10 WIlliam C.
Donnelly as W.C. Donnelly by 'I11e
ftrat NaUonal Ilonk of Mounl Holly
Springs by deed daledJune \6.1939
cumberland NotleCl
II
and ",corded In the omce oCoresold
In Dced Book "E" Volume 18. !'nge
270; the descrlpUon he",ln set Corth
being a corrected descrlpUon Cor Ihe
one therein set Corth.
Thls noUce Is glvcn in accordance
with an Order oC Court entered July
25. 1995.10 serve you by pubUcnUon
once a week for three successive
weeks In a newspaper of general cir-
culaUon in Cumberland County nnd
the Cumberland County Law Jour-
nal. tr no answer is med to the com-
plaint In this moiler \\11h1n twenty
(20) days CoUowtngthe third and Unol
pubUcaUons. a mouon will be pre-
sented to the Court of Common Pleas
oC Cumberland County requesllng
the entry oC a Judgment by deCoult
ogaln.tthe derendanls. The erreet or
said Judgment would be to Corever
bar the deCendants rrom asserting
any claims. Uens or Interests which
they may have In the real e.tale de-
scribed he",1n and to e.tabllsh utle
In Cee simple In the plolnUrr.
If you wish to derend. you mu.t
enler a written appearance person-
o1Iy or by attorney and file your de-
Censes or obJeeUon. In wrIUng with
the court. You are warned \hall! you
faU to do so, the case may proceed
without you and a Judgment may be
entered agatn.t you without Curther
noUee Cor the ",UeC n:quested by the
plalntlfC. You may lo.e money or
property or other rights Important to
you.
YOU SHOULD TAKE TIllS PAPER
TOYOURLAWYERATOSCE.IFYOU
DO NOT HAVE A LAWYER OR CAN-
NOT AFFORD ONE. GO TO OR
TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Court Admlnl.trator's Office
Fourth Floor
Cumberland County Courthouse
1 Courthouse Square
CarU.le. PA 17013
Phone; (717) 240.6200
WtlUam C. Vohs. Esquire
IIANfT & VOHS
Allomey ror PlalnurC
II W. !'nmr",tSlreel
Suite 2
CarUsle. PA 17013
(717) 249.5373
6
CumberlaDd Notice.
August 18
.- .. ~
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tl !~. ';'., .'
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IJ.. ~ ' I
r I.. ~
L. ~
t, ,.,
{. ~ <.'
;1 N
en ~
ll,lIl iil
~~ ~ .~ :C~'M !
... ,.. r5 Ul 05ti~
::3"'+> > '" ~ - ~
... lilt:
~ .... tiI~1ll olle if.I~~
.+> ~ ..,
~~ !OJ m.s 8~~
fif ~~ . t:~I~ !:&
~ 0110 ~ . 8 z~ ~~~
.... tJgj
III ~ 2l. ~ ~
~I <Xl ~,.,
'" ....
I >< ::3!l! frl
III E: -
'" ,.,lIl III -
. f;j ~l: !i! ~
,.,tJ 5!
.
.
~
~
BETTY M. ORNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 95-3851 EQUITY TERM
v.
WILLIAM C. DONNELLY,
HIS HEIRS AND ASSIGNS
Defendants
QUIET TITLE
PRAECIPE
TO THE PROTHONOTARY:
Pursuant to the Order of Court dated November 14, 1995, and proof
of service of pUblication of same, attached hereto, kindly enter
judgment in favor of Plaintiff and against Defendants.
Respectfully submitted,
HANFT & VOHS
W ll~am Esqu re
Attorney 10 No. 65208
11 W. Pomfret Street, Suite 2
Carlisle, PA 17013
(717) 249-5373
AND NOW, this 21st day of February, 1996, no Action in Ejectment or
other appropriate action having been commenced by Defendants herein, or
any of them, against Plaintiff herein within thirty (30) days after
service by pUblication of notice of Order of Court dated November 14,
1995, and upon praecipe of William C. Vohs, Esquire, attorney for
Plaintiff, pursuant to C.C.R.P. 1066.4, final judgment herein in hereby
entered in favor of Plaintiff and against Defendants pursuant to Pa.
R.C.P. 1066 (b) (1) and C.C.R.P. 1066.4
.~.~~~~ t J1~&,--
pr thonotary
z).l : D~j',i-l tt'\. {/. / 1~ w.- I ;{J?t5
{'1W\'Vc:tJrKfltlllm_rut.Il.'fII...
(,/ i.7;11)1~
Rog~r M. Morgenthal. Editor
I'ROOF OF I'UIJLICATION OF NOTICE
IN CUMIJERLAND LA W JOURNAL
(Under Act No. 5117, approved May 16. 1929). P. L.17114
STATEOFPENNSYLVANIA :
55.
COUNTY OF CUMBERLAND :
Rogcr M. Morgcnlhal, Esquire. Editor of the Cumbcrland Law Journal. nf the County
and State ufnresaid, being duly swnm. accnrding to law. deposes and says that the Cumberlund
Law Journal, a legal periodical published in the Bnrnugh nf Carlisle in the Cnunty and State
afnresaid, was established January 2, 1952, and designated by the local cnurL~ us the official
legal periodicul for the publicatinn of all legal notices. and has. since January 2, 1952. been
regularly issued weekly in the suid County. und that the printed nntice or publication attached
hereto is exactly the sume as was printed in the regular editions and issues of the said
Cumberland Law Journal on the following dales.
vi7.:
DECEMBER 15. 1995
Affiant further deposes that he b authori7.ed to verify this statement by the Cumberland
Law Journul. a legul perindicalof geneml circulation, und that he is not interested in the subject
matter of the uforesuid notice or udvertisement. und thut all allegations in the fnregoing
stutements us to time, pluce and charucter of publicution ure true.
SWORN TO AND SUBSCRIBED before me this
15 duyof DECEMBER , 1995
': ---.~
'/' /
'/;-;~V..<l i-.:. , . / ;... /:/" c/
. / i NOlury /
{ .I
NOTARIAL SEAL
TERESA J. BURKHOLDER, Notary PubI1c
C;n;sIc. Cumbortand County, Pa.
~~I Ccmm!sr,!on Expires Feb. 12, 1956
.
Nonc!!:
In lite Court of COlllmon Plcus of
Cumberland County. I'cnnsylvl.1n1n
Civil Acllon-Equlty
No. 95.3851 Equity Tcnn
BETIY M. ORNER.
PlalnUff
v.
WlLUAM C. DONNELLY. illS
HEIRS AND ASSIGNS.
Odendnllts
ORDER OF COURT
AND NOW. Ull014l11dayofNovem'
ber. 1995. It oppeorlng Ihot 0 Com-
pllllnl. wtll1 NoUce 10 o.f.nd woo m<d
h....lnonJuly 19. 1995. ond thollh.
same was served upon Ole Defendants
herein by ncwspaper publication In
accordance will, the Orner of Court
dol<d July 25. 1995. 01l1L' oet forlh
In 111. Affidovtt of Service DI<d h.reln
on October 16. 1995. omlll furlher
nppeartnA that no nppeamnce has
been entered nor ooy Ans~r or other
pleodlng hoo be.n DIed h.",ln on
behalf of the said Defendants. or nny
of Ulem. wtthln the Um. olloU<d by
law far tile same, and upon MoUon of
William C. Vahs. Esq.. attorney for
U10 PlolnUff. 1110 h.",by ordered oml
dlrect<d thotJudgm.nl by ddoult be.
nnd the same hereby IfI. entered In
favor of Ule PlalnUff. !leuy M. Orner.
ond oWllnsl Ule Defendants. WllIlam
C. Oonnel1y. his heirs nnd ns!tigns.
AND IT IS FURTlIERortlered and
dlrrct<d UlDt the sold o.fendan18 be.
nnd the $lOll' her~by ore. (orevcrb....nT<1
from lL....rUng any rlghl. IIU.. Int.r-
est or c1nlm Inconsistent with the
rt~ht. Utle. Interest and claim of the
l~alnUff herrin os ..t forlh Inl'1alll'
uers' COIlIpl11lnt wllh rrHIK"rl tn the
lamh. IIrreln dt"sfrllx'd:
IIt:OINNING lit 1111 lroll 1'IIIIIIIIIIg
the north Hide or nn unnumed 12'
wtde public nllry. which troll (Jln 18
referenced iL'i North 0 deArn"S 03 mln-
ult'8 00 seconds WeHt. 0 dlHtunce of
12.00 fL"Cl frullI on exlstlnft Hatlroacl
Spike Iucatrd olonA the south side of
the said public alley utthc 8UUUlenst
corner of Lot number 5 as shown on
a Flnol Sulxlivtolonl'llIn for Lynll G.
Drmneman. Sr.. 'A1llch plnn Is recorded
In Cumberland County Plan Dook 31
Page 118: thence frum the Place of
BeAlnnlnA North 09 degrt"Cs 03 min.
utes 00 seconds West. a distance of
79.35 feet alonA Lot number 5 now
or formerly of L.ynn G. Drennemun.
Jr.. etux.to nn Iron pin: thence North
09 deW-ets 03 minutes 00 seconds
West. 0 distance of 100.25 fed alonA
Lot number 3 now or form.r1y of WlI-
lIamG, Fort.Jr..toan iron pin: thence
North 09 degrees 03 minutes 00 sec.
onds West. a distance of 61.02 feet
along Lot number I now or formerly
of Lynn G. Brenneman. Jr.. et UK. to
o point In Ule middle of Ule Toll Race'
thence South 41 degrttS 21 mlnut~
49 ..condo Eaot. g.n.rolly oIong 111.
centerline of the TaU Race. 0 distance
of 282.47 f.rt olollg lands now or
formerly of Daniel A. Garonzlk to an.
oth.r point In U.. mlddl. of 111. Ton
Race: thence SuUUI 80 degrees 13
minutes 51 seconds West. a distance
of 151.01 fret oIong Ih.norlh old. of
the aforesnld un-named 12' wide
puhllc ullcy to an Iron pin. the Place
of BEGINNING.
CO'-'l'AINING a lolnl on:aofO.4170
acres. and being descrthed In accor-
dance willi n sur'\'q' by E\l~ne A.
f1l1ek.l18mIUI. PLS. dal.d July I.
1994.
BEING ImplU\-nI wtlh cer1n11l fOlln.
[L'luon stnlctures nnd bulldlnJt."I ns
shown on Ule afurt"8Uld HUrvcy. Also
being Improved with a well. nnd hnv.
Ing public sewer nvnllnble In lite un.
cumb.r1and Nollc..
1
'.
named 12' Wide public alley. bulh..
shown on UU~ oforcsaJd survey.
SUIlJECf. however. to a 14 fool
wide rtllhl.of.way nlonll UleTail Race
.. descrtbed on d<nl F.20.238. and
presumed to be 7 fret on each side of
U,e cenlerllne of Ule Tall Race.
DEING a Irtanllular .hoped lrocl
of land: and belnlllhe IIIIme properly
which WIl. conveyed 10 WilllolII C.
Donnelly .. W.C. Donnelly by The
Flcol Nouonnl Dank of Mounlllolly
Sprtngobyd<nldaledJune 16. 1939
and reconled In U,e office aforesnld
In Deed Ilook 'E' Volume 18. Poge
270: Ute descrtpUon he",1n oel forth
being a correcled dellCrtpUon for Ute
one herein eet forth.
UnlCSll Ute IIIIld Defendants .holl.
wlUtln Ullrty (30) doyo nIIer oervlce
and publlcaUon of Ute noUcc of Ihls
Order. commence an AcUon In Eject.
ment or other npproprtote actJon to
IllIIICrt any c1u1m Utey may hove In and
to Ute IIII1d land. allDll151 Ute PInlnurr
heretn: and upon Ute follu", of Ute
Defendanta. or any of them. to com-
mence 8uch acUon against Ute Plain.
urr WlUtIn Utlrty (30) day. nIIer .uch
service and publication. the Pro-
Utonolaoy of Cumberland County.
Penl15ylvnnla.l. dlrecled. upon proe.
clpe of lI,e Plninurr. 10 enler Rnol
Judgmenl he",ln In favororu,e Pluln.
urrs and aguln.1 Ute Defendants pur.
.unnl 10 Po. RC.P. 1066(b)1I) and
C.C.RP. 1006.4. and 10 cauoe a lNe
and aUesled copy of Ihl. Onler and
.uch RnnlJudllmenllo be recanled In
Ute office of Ute Reconler of D<nI. In
nnd for Cumberland Counly. ""nn-
sylvnnJa. the same to be Indexed In
Ute nome of William C. Donnelly. his
heirs nod assigns. as Grootors. Dnd
In Ute name of DeUy M. Orner. ..
Omntee.
William C. Vohs. Esq.
Allorn")' for PlolnUrr
II W. Pumf",1 SI.
Sulle2
Cortlslc. PA 17013
Dec. 15
2
Cumberland Notlc..
State 01 PennsylvanIa, ss:
County of Cumberland.
Sherry cli fford, Advertising Sales Reo 01 THE SENTINEL,
de oses and says that THE SENTINEL, a newspaper 01
01 the County and State aloresald, being duly swor~, Pd Stale aloresald, was established December 13th, lBB1,
eneral clrculallon In the Borough 01 Carlisle, Coun yan Id Count and that the printed notice or
:Ince which date THE SENTINEL has been regularly ISSU~d :nds:nd pUbll:hed In the reular editions and Issues 01
publication allached hereto Is exactly the same as was pr n e
THE SENTINEL on the lollowlng dates, vlz
Copy 01 Notice of Publication
BETTY M. ORNER,
PIIIntIrr
v.
W1WAM C. DONNellY,
Hl8 HElR$ AND A88tGN8,
Dmndanta
IN THE COURT OF COMMON PLl!A8 OF
CUMBERLAND COUNTY, PI!HN8YLVAN\A
ClYlL.AcnON. EQUITy
No. \1503851 EQUITY TERM
ORDER OF COURT .
AND NOW, this 14th day 01 November, 1995, It appearing that a Complaint, wfth Hob to Deland WU flied
herein on July 19, 1995, and that the _ WU"MId IIpOIlthe DelendBllll herein by rI8WlIpBper pub/lcatJon In
accordanoe wfth the Order 01 Court dated July 25, 1995, all U ..t Iorth In the AIlldavtt 01 Service ftled herein on
October 18, 1995, and It further 8!lP88rIng that no appearance hu been entered nor any ""- or other
pleading hu been flied herein on behalf 01 the aaId Delandanta, or any oIlhem, wfthln the Ume allotted by law lor
the 1IIIIl1lI, and upon Motlon 01 WBIIamc. Voila, Esq., attorney for the PIaIntIfI, It Is hereby ordered and directed
that Judgment by default be, and the IIIIIl1lI hereby Is, entered In Iavor 01 the PIaInlHI,lletty M. Orner, and 8QU1at
the Delendante, WID/am C. Donnelly, his heirs and asalgns.
. AND IT IS FURTHER ordered and directed that the aaId Defendanll be, and thellllll1ll hereby are, forever
barred from I1188rtfng any right UUe, Inlereal or claim Inconsistent wfth the right, UUe, Intereal and claim 01 the
PIBfnllff herein U ..tlorth In PIaJnl/ffa' Comp/aJnt with re&pect to the Ianda hensln da&erlled:
BEGINNING at an Iron pin BIong the north elde 01 an UMBmed 12' wide pubBc alley, which Iron pin Is
referehced U North 9 CIlIgIll8l 03 mlnutea 00 aeconda Weal, a dlatance of 12.00 feet from an exlallilg
Railroad SpIke Iocaled along the aoulh i1de of the aaId public alley Blthe IOUlheUl comer 01 Lot
number 6 u ehown on a RnaI Subdlvlalon Plan lor Lynn G. Brenneman, Sr., which plan II recorded In
Cumberland County Plan Book 31 Page 118: thence from the Place of Beginning North 09 degrees 03 .
minutes 00 I8COIlda W..~ a dlatance oI79.35laet along Lot number 6 now or formerly 01 Lynn G.
Brenneman, Jr., el ux. 10 an Iron pin; thence North 09 degraee 03 minutes 00 aeconda Weal, a dlatance '
of 100.25 feet along Lot number 3 now or formerly of W1UIam G. Fort, Jr., 10 an Iron pin; thence North 09
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