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Home My WebLink About09-4353ESTATE OF DONALD N. WHITE, Plaintiff V. JACQUELINE BUNCH JACKSON and the heirs of CELESTE BUNCH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2009- S/3 5r-3 CIVIL TERM ACTION TO QUIET TITLE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ESTATE OF DONALD N. WHITE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JACQUELINE BUNCH JACKSON No. 2009- `'3y3 CIVIL TERM and the heirs of CELESTE BUNCH, Defendants : ACTION TO QUIET TITLE COMPLAINT TO QUIET TITLE Plaintiff, by his attorney, Robert G. Frey, complains of Defendants named herein and all persons unknown claiming any right, title, estate, lien, or interest in the real property described herein adverse to plaintiffs title, and for a cause of action alleges: 1. Plaintiff is Christopher Nicely, Administrator d.b.n.c.t.a. of the Estate of Donald N. White, Deceased who resides in Glenn Dale Maryland. Said estate is hereinafter referred to as the "White Estate." 2. Defendants are some of the known and unknown heirs of James R. White, to wit: Jacqueline Bunch Jackson and any other heirs of Celeste Bunch. The address of Jacqueline Bunch Jackson is 3211 North Lincoln Avenue, Altadena, CA 91001. The addresses of any other heirs of Celeste Bunch are unknown. 3. The White Estate owns in fee simple and possesses all the real property known as Tax Parcels 34-34-2417-153 and 154, having an address of 136 West Orange Street, Shippensburg situated in the borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" attached hereto and incorporated herein. The said real estate is hereinafter referred to as "the Property." 4. Prior to the year 2009, the last recorded conveyance of the property was a deed dated August 28, 1920 and recorded September 1, 1920 in the Office of the Recorder of Deeds for Cumberland County in Deed Book "E", Volume 9, Page 15. Said deed, a copy of which is attached hereto as Exhibit "B" conveyed the Property to James Lucius White by J. Gideon Varner and Alice S. Varner. 5. The said James Lucius White died in early 1952 an unremarried widower, with no children, and being the sole owner of the real estate described in Exhibit "A." His mother predeceased him but he was survived by his father, James R. White, who became sole owner of the Property by virtue of the intestacy laws of the Commonwealth of Pennsylvania. 5. James R. White, being the sole owner of the Property, subsequently died intestate in December 20, 1952, survived by two daughters from his first marriage, Celeste Bunch and Zenith Patton, and by his wife by his second marriage, Florence White. By virtue of intestacy laws of the Commonwealth of Pennsylvania, title to the Property passed one half to Florence R. White, and one half divided evenly between Celeste Bunch and Zenith Patton. 6. Florence White died February 5, 1954, testate. By her last will and testament duly probated with the Register of Wills of Cumberland County, she left her entire estate, which would have included the one-half interest in the Property, to her son, Donald White, whose estate is the Plaintiff herein. 7. Celeste Bunch by deed dated August 31, 1971 and recorded September 3, 1971 in the Office of the Recorder of Deeds in Deed Book "H", Volume 24, Page 773, conveyed her interest by virtue of being an heir of Donald White, but said conveyance was for nearby land on West Orange Street, and did not include the Property in its legal description. It is believed and averred that the conveyance was intended to also convey all of the interest of Celeste Bunch in the Property but that the legal description was inadvertently omitted from the deed. A copy of said deed is attached hereto as Exhibit "C." 8. From social security records, it is believed and averred that Celeste Bunch is deceased. After research of public records and consultation with other family members, it is believed that the sole living heir of Celeste Bunch is Jacqueline Bunch Jackson. 9. By Quit Claim deed dated September 9, 1987 and recorded October 26, 1987 in the Office of the Recorder of Deeds in Deed Book "Z", Volume 32, Page 1019, Lilyan R. Patton conveyed all of her interest as "sole heir of Devore L. Patton, deceased intestate," to Donald White, but said conveyance was for nearby land on West Orange Street, and did not include the Property in its legal description. It is believed and averred that the conveyance was intended to also convey all of the interest of Lilyan R, Patton in the Property but that the legal description was inadvertently omitted from the deed. It is further believed and averred that Lilyan R. Patton was the sole heir of Zenith Patton, the owner of a one-fourth interest in the Property. A copy of said deed is attached hereto as Exhibit "D." 10. By deed dated April 29, 2009 and recorded May 15, 2009 in the Office of the Recorder of Deeds for Cumberland County as Instrument Number 200916144, DeVere R. Patton did quit claim all of his right title and interest in the Property, which is believed to be a one-fourth interest, as the sole heir of DeVere L. Patton and Lilyan R. Patton. A copy of said deed is attached hereto as Exhibit "E." 11. The White Estate and Donald White during his lifetime has exclusively occupied, controlled and paid all expenses in connection with the property for a period of time in excess of 50 years. 12. None of Defendants have occupied, attempted to exercise control over, or paid any expenses in connection with the Property. 13. Defendants intestate interests in the Property is adverse to Plaintiff. Defendants' interests are without any right whatever as they were either intended to be conveyed by the deeds recited in the within complaint or were abandoned by Defendants and adversely possessed by Plaintiff , and Defendants have no right, estate, title, lien, or interest in or to the property, or any part thereof. 14. Defendants, and each of them, claim some estate, right, title, lien, or interest in or to said property adverse to Plaintiffs title, and said claim or claims constitute a cloud on Plaintiffs title to said property. WHEREFORE, Plaintiff prays: 1. That Defendants, and each of them, and all persons claiming under them, be required to set forth the nature of their claims to said real property; 2. That all adverse claims to said real property be determined by a Decree of your Honorable Court; 3. That said Decree declare and adjudge that Plaintiff owns in fee simple, and is entitled to the quiet and peaceful possession of, said real property; and that Defendants, and each of them and all persons claiming under them, have no estate, right, title, lien, or interest in or to said real property or any part thereof, 4. That said Decree permanently enjoin defendants, each of them, and all persons claiming under them, from asserting any adverse claim to Plaintiffs title to said property; 5. For cost of this action; and 6. For such other and further relief as your Honorable Court deems just and proper. Robert G. Frey Attorney for Plaintiff 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 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 19 Pa. C. S. §4904 relating to unsworn falsification to authorities. Dated: LEGAL DESCRIPTION ALL OF THREE certain lots of ground, adjoining, with a frame dwelling house and other improvements thereon erected, situate on the South side of West Orange Street in the Borough of Shippensburg in the state of Pennsylvania, bounded and limited as follows: On the North by Orange Street, on the East by property now or formerly of C. Anson Goodhart, on the South by the right of way now or formerly of the P. H. & P. R.R. and on the West by property now or formerly of Edgar A. Funk, the said three lots having a frontage on Orange Street of Ninety-six feet and two inches, more or less, and a depth of Two hundred feet, more or less. The western lot having the above-mentioned dwelling house erected on it. LESS, HOWEVER, all that certain tract of land conveyed to C. S. Karper by deed recorded in Deed Book "Q", Volume 12, Page 469 BEING the same premises which J. Gideon Varner and Alice S. Varner, in her own right, by deed dated August 28, 1920 and recorded September 1, 1920 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book "E", Volume 9, Page 15, granted and conveyed to James Lucius White. EXHIBIT "A" QV ? fined, Se ad and Delivered the presence omas Rudolph s. S. Shepley ATE OF PENHA 4 9 SS. RNTY OF CIIMBERL 1ND 4 on the Ninth day of February Anno Do d for the County of Cumberland personally Gideon Varner and in due form of In oknri Alice S arner 3deon (L. S. ). Varner (L.S.) before me, a Justice of the Peace in the above named klioa q.-Varner and th above Indenture to be their and each their act and deed, and deair the lama might be records a such, Witness my hand and al the day and year aforesaid. Thomas Rudolph, P. QJ.P. 3033 THIS DEED- :ED ,ol 1;D F t Made the twenty-eighth day of August in the year nineteen i'? hundred and Twenty (1920 CGideon Varner & ? ) .ice S. Varner BETWEEN J. Gide(JN Varner and Alice ar Varner, in her own right to of 030 Penn Street, Harrisburg, Pennsylvania, of the first'part Imes Lucius White a( AND James Lucius White of Shippensburg, PennsyLvania, of the Ins. ,01.400.00 second part, witaesseth: )e. ShippensburG WITAESSETH. That in consideration of Fourteen Hundred ($1400.0 ate Aug. 28, •1920 Dollars, in hand paid, the receipt whereof is hereby acknowledged, the rtd. Sept. 1, 1920 said grantor do hereby grant and convey to the said grantee ALL of three certain lots of ground, adjoining, with a frame yelling house and other improvements thereon erected, situate on the South side of West Orang ;reef in the Borough of Shippensburg in the state of Pennsylvania, bounded and limited,ms :'llows: On the North by Orange Street, on the East by property of a. Rnson Goodhart, on the Guth by the right of way of the P. H. & P. R.• R. and on the !pest by property of Edgar A. Funk he said three lots having a combined frontage on Orange Street of 'Iinety-six feet and two aches, more or less, and a depth of Two hundred feet, more or less; the said lots haveing een conveyed to the grantors herein as follows; The lot on the west, adjoining Edgar A. unk, formerly Mary Pague, was conveyed to Alice S. Varner by deed of Harry Brenneman & Wife aced the 12th day of January A. D. 1894 and recorded in Deed Bock G volume 5 Page 152 &e; he lot on the East, adjoining C. Anson Goodhart, formerly Harry Brenneman, was conveyed to lies S. Varner by Harry Brenneman & Wife by deed dated the 30th day of September A. D. 1895 nd recorded in Deed Book P. volume 5 page 404 &c; and the middle lot of the three herein &scribed, was conveyed to J. Gideon Varner by dead of Joseph S. Shepley & Wife dated the 9th ay of February A. D. 1899 and recorded in deed book A volume 6 page,127 &o., as by reference hereto will appear. THe western lot, or the one nest to Funk&s, has the Dwelling House on i .AND the said grantor will warrant generally the property hereby conveyed. ffi WITNESS WHEREOF, said grantors have hereunto set their hands and seals, the day and 'ear first above-written. sealed and delivered in the presence of !. T. Mickey J. Gideon Varner (SEAL) T. Mickey Alice S. Varner (SEAL) THIS DEED, August ?a MADE THE 31st day of/jooW in the year nineteen hundred and seventy one I BETWEEN CELESTE HUNCH, a/k/a CELESTE.-J. BUNCH residing at 753 I North GarfCeld Avenue,•Pasadena,.California and one of heirs of i JAMES R. WHITE late of Borough of Shippensburg, Cumberland County,i Pennsylvania, of the first part, and DONALD N. WHITE, residing at 1161 East 224th Street, Bronx, New York, of the second part. I I WITNESSETH that in consideration of.ONE HUNDRED ($100.00) DOLLARS, in hand paid, by the party of the second part, the said grantor, I I party of the first part, does hereby grant and convey to said grantees, ALL of that certain lot of ground situated on West Orange Street, in the West Ward in the Borough of Shippensburg, Cumberland County,' Pennsylvania, and bounded and described as follows: BE- GINNING at a stake on the Sough side of West Orange Street afore- said, at corner of lot formerly of.Nelson Artert.thence with the said Arter lot Southwardly 240 feet, more or less, to a proposed alley along the Right of Way of the P.H. & P. Rail- road, now Reading Company; thence with the 'same Westardly 30 feet to a stake at corner of lot of Harry. Brenneman's Heirs; thence with the said lot Northwardly.240 feet, more or less, to Orange Street aforesaidt thence with the said Street 30 feet to the place of beginning= IT BEING the same which James Jenkins and Susan Jenkins, his wife, conveyed to George Wilson, the grantor herein, by their deed dated the 15th day of August, 1928, and left for record. i 1 This deed conveys all of the interest of CELESTE BUNCH to said property. which is. same property Being the same property conveyed to JAMES• R. WHITE and FLORENCE' R. WHITE, his wife, by deed dated October 25, 1940 and recorded December 8, 1967 in book P22, page 316. • 3ava+t :hool Dist. Cumb. Co.. Ps. CAN N BOCXH 246GE 773 c?.a G. Dta. c.l. Aor . gs f ?- -- ppd. aer:v =VW t: r f . 1 , QUITCLAIM .. (J14is Dub, made tots s day o/ in the year o/ our LORD one thousand nine hundred and eighty-seven. BETWEEN, LILYAN R. PATTON, of Route 4 Box 90, Millsboro, Delaware • 19966, party of the first part, widow and sole heir of Devere L. Patton, deceased in testate October 279 19851 and - - D0NAL0 WHITE , the Grantee of 1161 Fast 224th Street Bronx, New York 10466• r, 2 C 39RIWEIZVOI, That the said party Of the first part, for and in consideration of the sum o/ ----------- $500.00--------------------- lawful money of the United States of America, the receipt whereof is hereby acknowledged, hereby grants s 4 and conveys unto the said party of the second part, s a i ,?.?„j. of that certain lot of ground aituated on West Orange Street, in the West Ward in the Borough of Shippensburg Cumberland County, Pennsylvania, and bounded and described as follows; BE- GINNING at a stake on the South side of West Orange Street aforesaid, at corner y of lot formerly of Nelson Arter; thence with the said Arter lot Southwardly 240 t feet, more or leas, to a proposed allay along the Right of Way of the P.H. rr P. Railroad, now Reading Company; thence with the same Westwardly 30 feet to a stake at corner of lot of Harry Brenneman's Heirs; thence with the said lot 240 k, feet, more or loss, to Orange Street aforesaid; thence with the said'Strest 30 feet to the place of beginning. 9 S .? IT BEING the some lands which James Jenkins and Susan Jenkins, his wife, i conveyed to George Wilson, by their dead dated the 15th of August, 1928, and left for record. ? G CONVAONWEALTH OF of , NNaYiJs', J t. = ^ DEPARiAAENT OF BFVEN0E i iMeacrA scr:rst .r? ?" a' p 5 0 0? S ^' VAX ?.Ppt..6 E b. School Did. Co.. P16 Cv^' i Tr?nhr T d I A,Ah'bld. ?b• C.. o' BOOK Z 32 rard0jq M111-1-LAM EL VAWLLS ATTORNEY AT LAW. + 221 EAST DUPONT HWY. AnLLSBORO. DELAWARE 1ee66 i I HISI h "W Fa v IIII?I 000OF9 Tax Parcel No. 3 tl - 3 4- Z 4 t I 15.3 QUITCLAIM DEED, MADE THE day of April in the year of our Lord two thousand nine (2009). BETWEEN DeVERE R. PATTON, SR., married man, of Wilmington, Delaware, party of the first part, Grantor, and THE ESTATE OF DONALD N. WHITE, party of the second part, Grantee: WITNESSETH, that in consideration of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby quitclaim to the said Grantee, its successors and assigns, ALL OF THREE certain lots of ground, adjoining, with a frame dwelling house and other improvements thereon erected, situate on the South side of West Orange Street in the Borough of Shippensburg in the state of Pennsylvania, bounded and limited as follows: ON the North by Orange Street, on the East by property now or formerly of C. Anson Goodhart, on the South by the right of way now or formerly of the P. H. & P. R.R. and on the West by property now or formerly of Edgar A. Funk, the said three lots having a frontage on Orange Street of Ninety-six feet and two inches, more or less, and a depth of Two hundred feet, more or less. The western lot having the above-mentioned dwelling house erected on it. BEING the same premises which J. Gideon Varner and Alice S. Varner, in her own right, by deed dated August 28, 1920 and recorded September 1, 1920 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book "E", Volume 9, Page 15, granted and conveyed to James Lucius White. The said James Lucius White died in early 1952, an un-remarried widower, with no children. His mother also predeceased him but he was survived by his father, James R. White, who became sole owner of the property by virtue of the intestacy laws of the Commonwealth of Pennsylvania. THE SAID James R. White, being the sole owner of the above described premises, died intestate on December 20, 1952, survived by two daughters from his first marriage, Celeste Bunch and Zenith Patton, and by his wife by his second marriage, Florence White. By virtue of intestacy laws of the Commonwealth of Pennsylvania, title to the above-described premises passed one-half to Florence R. White as surviving spouse and one-fourth each to Celeste Bunch and Zenith Patton as surviving issue of James R. White. THE SAID Zenith Patton, had one issue, DeVere L. Patton who during his lifetime was married to Lilyan R. Patton. The said DeVere L. Patton subsequently died testate October 27, 1985, by which he left his entire estate to his surviving spouse, Lilyan R. Patton. For reference of the death of DeVere L. Patton see deed of Lilyan R. Patton recorded in the aforementioned Recorder's Office in Deed Book "Z," Volume 32, Page 1019. THE SAID Lilyan R. Patton, by virtue of intestacy being the owner of a one- fourth share of the above described property subsequently died leaving a sole heir, DeVere R. Patton, Sr., the Grantor herein. THE GRANTOR HEREIN does warrant that the information concerning his ancestors, Zenith Patton, DeVere L. Patton, and Lilyan R. Patton are true and correct to the best of his knowledge. IT IS THE INTENT of the within conveyance to convey all of the right title and interest of the Grantor herein by virtue of inheritance to the estate of Donald White, which interest is recited herein to be a one-fourth interest. IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and year first above written. Signed, Sealed, and Delivered in the Presence of V_11' 4M(SEAL) DeVere R. Patton, Sr. _ 31TOIE" State of Delaware JSS. County of Ne,,,j C 1 On this, the O?q day of April, 2009. before me, the undersigned officer, personally appeared DeVERE R. PATTON, SR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal ?r I do hereby certify that the precise residence and complete post office address of the within named Grantee is c/o Frey and Tiley, S South Hanover Street, Carlisle, PA 17013. e Attorney for Grantee EiyO IMT 66E" ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE. CARLISLE, PA 17013 717-240-6370 Instrument Number - 200916144 Recorded On 5/15/2009 At 1:31:32 PM * Instrument Type - DEED Invoice Number - 43725 User ID - KW * Grantor - PATTON, DEVERE R SR * Grantee - WHITE, DONALD N * Customer - FREY * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE SHIPPENSBURG AREA SCHOOL DISTRICT SHIPPENSBURG BOROUGH TOTAL PAID $0.50 $10.00 $12.50 $10.00 $11.50 $2.00 $3.00 $0.00 $0.00 $49.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA t /°RECORDER OF DDS t * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIIIIIVIIIIUIIBIIY * Total Pages - 5 ^r RLED-4yj,:jtCE OF THE Mlrj-trVTAFtY 2809 JUN 29 AM to: 4 8 CUP 9 ,' 4.40 "OUNN PEN"" A C? qo 7/ ESTATE OF DONALD N. WHITE, Plaintiff v. JACQUELINE BUNCH JACKSON and the heirs of CELESTE BUNCH, Defendants PRA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 2009-4353 CIVIL TERM ACTION TO QUIET TITLE ECIPE TO SATISFY To: The Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania Please discontinue the above-captioned matter and mark it satisfied.. Frey & Tiley, Attorneys for Plaintiff ~' By: R Bert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ~C: G Ir r - ~ ~ ,.~f~Rv 20~~ ~~:~ -~ E~C1 I~~ C"c n~ ~ ~ ~rY