Preview
York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
PHILLIP N. ROBINSON :
18147 Amanda Lane : NO. 2024-SU-001408
New Freedom, PA 17349 Plaintiff :
:
v. :
:
ROBERT CLARK, SUCCESSORS IN TITLE, :
PERSONAL REPRESENTATIVES, HEIRS, OR :
ASSIGNS; NANCY ROHRBAUGH, :
SUCCESSORS IN TITLE, PERSONAL :
REPRESENTATIVES, HEIRS, OR ASSIGNS; :
SALLY THOMAS, SUCCESSORS IN TITLE, :
PERSONAL REPRESENTATIVES, HEIRS, OR :
ASSIGNS; AND ANY UNKNOWN PERSONS :
HAVING AN INTEREST OR CLAIMING AN :
APPARENT INTEREST IN TITLE TO :
CERTAIN PROPERTY IN SHREWSBURY :
TOWNSHIP, YORK COUNTY, :
PENNSYLVANIA, :
Defendants : CIVIL ACTION – LAW
ORDER GRANTING ALTERNATIVE SERVICE BY PUBLICATION
AND NOW, to wit, this ____ day of ______________, 2024, upon consideration of the
Motion of Plaintiff Phillip N. Robinson for a Special Order Authorizing Service of the Complaint
in Quiet Title By Publication, and any responses thereto, it is hereby ORDERED that said motion
is GRANTED and service of the Complaint by publication is hereby authorized in accordance with
Pa. R.C.P. 430(b)(1) and (2), and the Plaintiff upon effecting service, shall file a Certificate of
Service with the Office of the Prothonotary of York County, Pennsylvania; and
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York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM
IT IS FURTHER ORDERED that service of any further notices and pleadings, if necessary,
in the within matter, is authorized to be made by publication pursuant to Pa. R.C.P. 430(b)(1) and
(2).
BY THE COURT:
______________________________
J.
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York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
PHILLIP N. ROBINSON :
18147 Amanda Lane : NO. 2024-SU-001408
New Freedom, PA 17349 Plaintiff :
:
v. :
:
ROBERT CLARK, SUCCESSORS IN TITLE, :
PERSONAL REPRESENTATIVES, HEIRS, OR :
ASSIGNS; NANCY ROHRBAUGH, :
SUCCESSORS IN TITLE, PERSONAL :
REPRESENTATIVES, HEIRS, OR ASSIGNS; :
SALLY THOMAS, SUCCESSORS IN TITLE, :
PERSONAL REPRESENTATIVES, HEIRS, OR :
ASSIGNS; AND ANY UNKNOWN PERSONS :
HAVING AN INTEREST OR CLAIMING AN :
APPARENT INTEREST IN TITLE TO :
CERTAIN PROPERTY IN SHREWSBURY :
TOWNSHIP, YORK COUNTY, :
PENNSYLVANIA, :
Defendants : CIVIL ACTION – LAW
MOTION OF PLAINTIFF PHILLIP N. ROBINSON FOR AN ORDER AUTHORIZING
SERVICE OF THE COMPLAINT IN QUIET TITLE BY PUBLICATION
AND NOW, comes Plaintiff, Phillip N. Robinson. by and through his undersigned counsel,
who moves this Honorable Court, pursuant to Pa. R. Civ. P. 430(a), for an Order directing service
of process upon the Defendants, by publication, and in support thereof, avers as follows:
1. On May 13, 2024, Plaintiff filed a Complaint in Quiet Title against Defendants.
2. The Complaint in Quiet Title is regarding a tract of land situate in Shrewsbury
Township, York County, Pennsylvania, Parcel No. 45-000-BI-0008.00-00000 (the “Property”).
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3. Plaintiff purchased a 71% interest in the Property by deed dated November 15,
2023, and recorded in the York County Office of Recorder of Deeds at Book No. 2806, Page No.
6810.
4. Plaintiff has been able to contact and enter into an agreement for a majority of the
remaining interests of the Property, excepting the above-named Defendants.
5. Plaintiff has used Westlaw to perform a public record search on the above-named
Defendants and attempt to determine the proper heirs.
6. Plaintiff sent a letter to the above-named Defendants who he believed to be the
proper heirs.
7. Plaintiff received a response from the Nancy Rohrbaugh contacted, informing him
that she does not own property in Shrewsbury and does not know the individuals on the family
chart sent with the correspondence.
8. Plaintiff is unable to locate a different Nancy Rohrbaugh who appears to match the
description of the heir in the family lineage.
9. Plaintiff used a Westlaw public records search to locate Robert Clark, who Plaintiff
believes to be located in Arizona.
10. Plaintiff has not received a response to his inquiry regarding whether he is the
correct heir.
11. Plaintiff is unable to locate a different Robert Clark who appears to match the
description of the heir in the family lineage.
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12. Plaintiff used a Westlaw public records search to locate Sally Thomas, who Plaintiff
believes to be deceased.
13. Plaintiff reviewed records to determine who the representative of the Estate of Sally
Thomas was.
14. Plaintiff’s certified mail to the representative of the Estate of Sally Thomas was
unclaimed.
15. Plaintiff is unable to locate a different Sally Thomas who appears to match the
description of the heir in the family lineage.
16. Therefore, Plaintiff, after diligent search, is unable to locate the heirs whom may
have a vested interest in the Property.
17. Pennsylvania Rule of Civil Procedure 410(a) provides that in actions involving title
to real property, original process shall be served as set forth in Rule 400, et seq.
18. Pennsylvania Rule of Civil Procedure 430(a) provides that if service cannot be
made under the applicable Rule, then Plaintiff may move the Court for a special order directing
method of services.
19. Pennsylvania Rule of Civil Procedure 430(b)(2) provides that the Court may permit
service by publication upon the heirs or assigns generally of a named former owner of a property
if they are unknown.
20. The heirs, successors, or assigns of Arbor are unknown, and Plaintiff requests leave
of this Honorable Court to service their Complaint generally by publication.
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21. Affidavit of good faith effort to locate heirs, successors, and/or assigns as required
by the Rules is attached hereto.
WHEREFORE, Plaintiff requests this Honorable Court to enter an order authorizing
service of process by publication upon Defendants, their heirs, successors, and/or assigns.
BARLEY SNYDER LLP
By:
Katelyn E. Rohrbaugh, Esq.
PA 329304
100 East Market Street
P.O. Box 15012
York, PA 17405-7012
717.846.8888
Fax: 717.843.8492
E-Mail: krohrbaugh@barley.com
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York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM
CERTIFICATE OF COMPLIANCE
I certify that this filing complies with the provisions of the Public Access Policy of the
Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that
require filing confidential information and documents differently than non-confidential
information and documents.
Submitted by: Barley Snyder
Signature:
Name: Katelyn E. Rohrbaugh
Attorney No. 329304
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Preview
York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA PHILLIP N. ROBINSON : 18147 Amanda Lane : NO. 2024-SU-001408 New Freedom, PA 17349 Plaintiff : : v. : : ROBERT CLARK, SUCCESSORS IN TITLE, : PERSONAL REPRESENTATIVES, HEIRS, OR : ASSIGNS; NANCY ROHRBAUGH, : SUCCESSORS IN TITLE, PERSONAL : REPRESENTATIVES, HEIRS, OR ASSIGNS; : SALLY THOMAS, SUCCESSORS IN TITLE, : PERSONAL REPRESENTATIVES, HEIRS, OR : ASSIGNS; AND ANY UNKNOWN PERSONS : HAVING AN INTEREST OR CLAIMING AN : APPARENT INTEREST IN TITLE TO : CERTAIN PROPERTY IN SHREWSBURY : TOWNSHIP, YORK COUNTY, : PENNSYLVANIA, : Defendants : CIVIL ACTION – LAW ORDER GRANTING ALTERNATIVE SERVICE BY PUBLICATION AND NOW, to wit, this ____ day of ______________, 2024, upon consideration of the Motion of Plaintiff Phillip N. Robinson for a Special Order Authorizing Service of the Complaint in Quiet Title By Publication, and any responses thereto, it is hereby ORDERED that said motion is GRANTED and service of the Complaint by publication is hereby authorized in accordance with Pa. R.C.P. 430(b)(1) and (2), and the Plaintiff upon effecting service, shall file a Certificate of Service with the Office of the Prothonotary of York County, Pennsylvania; and 1 11689671.1 York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM IT IS FURTHER ORDERED that service of any further notices and pleadings, if necessary, in the within matter, is authorized to be made by publication pursuant to Pa. R.C.P. 430(b)(1) and (2). BY THE COURT: ______________________________ J. 2 11689671.1 York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA PHILLIP N. ROBINSON : 18147 Amanda Lane : NO. 2024-SU-001408 New Freedom, PA 17349 Plaintiff : : v. : : ROBERT CLARK, SUCCESSORS IN TITLE, : PERSONAL REPRESENTATIVES, HEIRS, OR : ASSIGNS; NANCY ROHRBAUGH, : SUCCESSORS IN TITLE, PERSONAL : REPRESENTATIVES, HEIRS, OR ASSIGNS; : SALLY THOMAS, SUCCESSORS IN TITLE, : PERSONAL REPRESENTATIVES, HEIRS, OR : ASSIGNS; AND ANY UNKNOWN PERSONS : HAVING AN INTEREST OR CLAIMING AN : APPARENT INTEREST IN TITLE TO : CERTAIN PROPERTY IN SHREWSBURY : TOWNSHIP, YORK COUNTY, : PENNSYLVANIA, : Defendants : CIVIL ACTION – LAW MOTION OF PLAINTIFF PHILLIP N. ROBINSON FOR AN ORDER AUTHORIZING SERVICE OF THE COMPLAINT IN QUIET TITLE BY PUBLICATION AND NOW, comes Plaintiff, Phillip N. Robinson. by and through his undersigned counsel, who moves this Honorable Court, pursuant to Pa. R. Civ. P. 430(a), for an Order directing service of process upon the Defendants, by publication, and in support thereof, avers as follows: 1. On May 13, 2024, Plaintiff filed a Complaint in Quiet Title against Defendants. 2. The Complaint in Quiet Title is regarding a tract of land situate in Shrewsbury Township, York County, Pennsylvania, Parcel No. 45-000-BI-0008.00-00000 (the “Property”). 3 11689671.1 York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM 3. Plaintiff purchased a 71% interest in the Property by deed dated November 15, 2023, and recorded in the York County Office of Recorder of Deeds at Book No. 2806, Page No. 6810. 4. Plaintiff has been able to contact and enter into an agreement for a majority of the remaining interests of the Property, excepting the above-named Defendants. 5. Plaintiff has used Westlaw to perform a public record search on the above-named Defendants and attempt to determine the proper heirs. 6. Plaintiff sent a letter to the above-named Defendants who he believed to be the proper heirs. 7. Plaintiff received a response from the Nancy Rohrbaugh contacted, informing him that she does not own property in Shrewsbury and does not know the individuals on the family chart sent with the correspondence. 8. Plaintiff is unable to locate a different Nancy Rohrbaugh who appears to match the description of the heir in the family lineage. 9. Plaintiff used a Westlaw public records search to locate Robert Clark, who Plaintiff believes to be located in Arizona. 10. Plaintiff has not received a response to his inquiry regarding whether he is the correct heir. 11. Plaintiff is unable to locate a different Robert Clark who appears to match the description of the heir in the family lineage. 4 11689671.1 York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM 12. Plaintiff used a Westlaw public records search to locate Sally Thomas, who Plaintiff believes to be deceased. 13. Plaintiff reviewed records to determine who the representative of the Estate of Sally Thomas was. 14. Plaintiff’s certified mail to the representative of the Estate of Sally Thomas was unclaimed. 15. Plaintiff is unable to locate a different Sally Thomas who appears to match the description of the heir in the family lineage. 16. Therefore, Plaintiff, after diligent search, is unable to locate the heirs whom may have a vested interest in the Property. 17. Pennsylvania Rule of Civil Procedure 410(a) provides that in actions involving title to real property, original process shall be served as set forth in Rule 400, et seq. 18. Pennsylvania Rule of Civil Procedure 430(a) provides that if service cannot be made under the applicable Rule, then Plaintiff may move the Court for a special order directing method of services. 19. Pennsylvania Rule of Civil Procedure 430(b)(2) provides that the Court may permit service by publication upon the heirs or assigns generally of a named former owner of a property if they are unknown. 20. The heirs, successors, or assigns of Arbor are unknown, and Plaintiff requests leave of this Honorable Court to service their Complaint generally by publication. 5 11689671.1 York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM 21. Affidavit of good faith effort to locate heirs, successors, and/or assigns as required by the Rules is attached hereto. WHEREFORE, Plaintiff requests this Honorable Court to enter an order authorizing service of process by publication upon Defendants, their heirs, successors, and/or assigns. BARLEY SNYDER LLP By: Katelyn E. Rohrbaugh, Esq. PA 329304 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717.846.8888 Fax: 717.843.8492 E-Mail: krohrbaugh@barley.com 6 11689671.1 York County Prothonotary E-Filed - 14 May 2024 01:52:54 PM CERTIFICATE OF COMPLIANCE I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents. Submitted by: Barley Snyder Signature: Name: Katelyn E. Rohrbaugh Attorney No. 329304 7 11689671.1