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HomeMy WebLinkAbout12-0372SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?ti?, of a tn6c r?d z n Jody S Smith V Chief Deputy F.. > } a 12 FEP3 -6 AM 9: 12 Richard W Stewart Solicitor c> ft F pk p; CUMBER N"Ll Iv;UIW' ,r PENNI-SYEVANIA F J Dreams Case Number vs. 2012-372 Susquehanna Bank SHERIFF'S RETURN OF SERVICE 02/01/2012 12:21 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 1, 2012 at 1221 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Susquehanna Bank, by making known unto Tami L. McKee, Financial Service Representative for Susquehanna Bank at 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ` 4- WILLIAM CLINE, DEPUTY SHERIFF COST: $34.00 February 02, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF {-) CountgSuite Sheriff, Ieieosxt, I«c. Ronald L. Finck, Esquire Sup. Ct. ID No. 89985 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax rlfinck@mette.com Attorneys for Defendant FJ DREAMS, a partnership, Plaintiff V. SUSQUEHANNA BANK, Defendant Ij^YFFL .i "W, I: J"7 C < "IuERLAIND COUrjT Y P? rISYI_t/f NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 12-372-Civil Term : CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Ronald L. Finck, Heather Z. Kelly, and the law firm of Mette, Evans & Woodside as counsel for Defendant, Susquehanna Bank. Papers may be served on the address below. Respectfully submitted, Date: February 21, 2012 METTE, EVANS & WOODSIDE By. Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 Heather Z. Kelly, Esquire Sup Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendant CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing, document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Robert C. May, Esquire The Law Firm of May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011 Attorneys for Plaintiff' Respectfully submitted, METTE, EVANS &. WOODSIDE By: -,?. A,?-?_ Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys)' Defendant Dated: February 21, 2012 551357vl Ronald L. Finck, Esquire Sup. Ct. ID No. 89985 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax rlfinck ,mette.com Attorneys for Defendant FJ DREAMS, a partnership, Plaintiff V. SUSQUEHANNA BANK, Defendant t - F F'n Q 'j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 12-372-Civil Term CIVIL ACTION -LAW NOTICE TO PLEAD TO: FJ DREAMS c/o Robert C. May, Esquire The Law Firm of May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, METTE, EVANS & WOODSIDE By: (% lay? a Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Date: February 21, 2012 551225v1 2 Ronald L. Finck, Esquire Sup. Ct. ID No. 89985 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax rlfinck@mette.com Attorneys for Defendant FJ DREAMS, a partnership, Plaintiff V. SUSQUEHANNA BANK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 12-372-Civil Term CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND COUNTERCLAIM The Defendant, Susquehanna Bank ("Defendant") files this Answer with New Matter to the Complaint: of Plaintiff, FJ Dreams, a partnership ("Plaintiff'), as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, Defendant made multiple demands upon the Plaintiff prior to Defendant's letter dated April 20, 2011. 7. Admitted in part; denied in part. It is admitted only that the Plaintiff provided tax returns and some financial statements. It is specifically, denied that Plaintiff complied or substantially complied with its obligation to provide documentation upon demand as set forth in the written agreements. To the contrary, Plaintiff's failure to provide demanded documentation was material and willful. To the extent the averments of paragraph 7 constitute conclusions of law, said averments are denied and strict proof thereof is demanded, if deemed relevant. 8. Admitted in part; denied in part. It is admitted only that the tax returns and financial statements provided to the Defendant are written instruments, which as such speak for themselves. To the extent the Plaintiff mischaracterizes, misinterprets, misquotes, misrepresents, elaborates upon and/or removes the contents of the writings from their contexts, said averments are denied and strict proof thereof is demanded. Any suggestion that Plaintiff's financial position relieved Plaintiff of Plaintiff s duties under the written loan agreements is denied. 9. Denied. The averments of paragraph 9 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed required, it is specifically denied that the documentation provided by the Plaintiff complied or substantially complied with Plaintiff's obligations under the loan agreements. Strict proof thereof is demanded. 10. Admitted in part; denied in part. It is admitted, upon information and belief, that prior to 2011, Defendant only made demand for the Plaintiffs tax returns. Any implication that Defendant waived its right to enforce the express terms of the written loan agreements between the parties through Defendant's past conduct is specifically denied and strict proof thereof is demanded. 11. Denied. Defendant's response to paragraphs 7, 8 and 9 above are incorporated herein by reference as if fully set forth. As Defendant is without information sufficient to form a belief as to the subjective beliefs of the Plaintiff, such averments are denied and strict proof 2 thereof is demanded, if deemed relevant. By way of further answer, it is specifically denied that any such belief was reasonable under the circumstances. 12. Admitted in part; denied in part. It is admitted only that after May 24, 2011, Defendant raised the interest rate to the default rate as provided for in the loan documents. Defendant denies the Plaintiff's characterization of Plaintiff's default as "technical." To the contrary, the Plaintiff's default was material. By way of further answer, Plaintiff was given notice and opportunity to cure the default prior to the imposition of the default interest rate. 13. Admitted in part; denied in part. It is admitted only that the Defendant protested the default rate. Defendant incorporates its response to paragraph 12 above herein as if fully set forth. 14. Admitted in part; denied in part. It is admitted only that after May 24, 2011, Defendant's automated payment system made withdrawals from Plaintiff's account. It is specifically denied that the Plaintiff did not have Defendant's consent. To the contrary, Plaintiff authorized the automatic withdrawals. Strict proof to the contrary is demanded. 15. Admitted in part; denied in part. It is admitted only that the Plaintiff paid off the full amount of the loan from Defendant in August of 2011. As Defendant is without sufficient information to form a belief as to the truth of the remaining averments of paragraph 15, said averments are denied and strict proof thereof is demanded, if deemed relevant. :[t is specifically denied that Plaintiff was "unable to stop" Defendant's application of the default rate. To the contrary, Plaintiff could have cured its default by providing the requested documentation. 16. Admitted in part; denied in part. It is admitted only that the Plaintiff was never in arrears in making its monthly payments to the Defendant. To the extent that Plaintiff suggests in paragraph 16 that the Plaintiff's actions and inactions were not a breach of Plaintiff s obligations under the written loan agreements, said averments are denied and strict proof thereof is demanded. COUNT I - BREACH OF CONTRACT 17. The averments of all paragraphs set forth. above are incorporated herein by reference as if fully set forth. 18. Denied. The averments of paragraph 18 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed required, it is specifically denied that the Plaintiff was not in default of its obligations pursuant to the written Loan Agreement. It is further specifically denied that the Plaintiff substantially complied with its obligations under the written agreements. Strict proof thereof is demanded. 19. Denied. The averments of paragraph 19 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed required, it is specifically denied that the Plaintiff was not in default of its obligations pursuant to the written loan agreements. Strict proof thereof is demanded. 20. Denied. The averments of paragraph 20 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. 21. Denied. The averments of paragraph 21 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. By way of further answer, Plaintiff incorporates its response to paragraph 12 above herein by reference as if fully set forth. 22. Denied. The averments of paragraph 22 constitute; conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. Fly way of further 4 answer, Plaintiff incorporates its response to paragraph 12 above herein by reference as if fully set forth. 23. Denied. The averments of paragraph 23 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. By way of further answer, Plaintiff incorporates its response to paragraph 12 above herein by reference as if fully set forth. WHEREFORE, Defendant respectfully requests that the Court dismiss Count I of the Plaintiff's Complaint, together with such other relief as the Court deems just and appropriate under the circumstances. COUNT II - UNJUST ENRICHMENT 24. The averments of all paragraphs set forth above are incorporated herein by reference as if fully set forth. 25. Denied. The averments of paragraph 25 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. By way of further answer, Plaintiff's unjust enrichment claim is barred by the existence of an express contract between the parties. WHEREFORE, Defendant respectfully requests that the Court dismiss Count I of the Plaintiff's Complaint, together with such other relief as the Court deems just and appropriate under the circumstances. NEW MATTER 26. The averments of all paragraphs set forth above are incorporated herein by reference as if fully set forth. 5 27. By letter dated January 26, 2011, Defendant made demand upon the Plaintiff to provide financial statements, rent rolls and lease terms, a statement of outstanding debt and projections. 28. Said requests are consistent with paragraph 3 of the November 15, 2006 Loan Agreement attached to the Plaintiff's Complaint as Exhibit `A' (the "Loan Agreement") 29. In response to the Defendant's demands for documentation, Plaintiff maintained that because the Defendant did not require such information in the past, Plaintiff had no duty to provide the information to the Defendant. 30. Plaintiff s contention is not supported by the Loan Agreement. (See Complaint at "Ex. A", ¶7(c)(i).) 31. During a meeting between Plaintiff s agents and Defendant's agents on April 13, 2011, Plaintiff failed to provide its financial statements, rent rolls and lease terms or a statement of outstanding debt and projects. 32. By letter dated April 20, 2011, Defendant informed Plaintiff that Plaintiff was in breach of its contractual obligations to the Defendant and that if Plaintiff did not comply with its obligation to provide the requested documentation, Defendant would begin charging Plaintiff interest at the default rate in accordance with the loan documents. 33. Despite the Defendant's warnings, Plaintiff failed and refused to provide the requested documentation. 34. Pursuant to the expense terms of the written Loan Agreement and the "Loan Documents" as defined therein (the "Loan Documents"), Defendant was within its rights to demand the requested documentation from the Plaintiff. 35. Plaintiff s claims are barred by the express terms of the Loan Documents. 6 36. Plaintiff's claims are barred by Plaintiff s own breach of the contractual provisions of the written instruments. 37. Plaintiffs claims are barred by Plaintiff s consent to the express terms of the Loan Documents, including but not limited to paragraph 7(b)(iii) of the Loan Agreement, as well as the automatic withdrawal provisions of the Automatic Funds Transfer Authorization signed by Plaintiff on November 30, 2006. A true and correct copy of said document is attached hereto as Exhibit `A' and made a part of hereof by reference. 38. Plaintiffs claim for unjust enrichment is barred by the existence of an express agreement between Plaintiff and Defendant. 39. Even if the Court were to find in favor of the Plaintiff on liability, which finding is specifically denied, the damages demanded by the Plaintiff are not the appropriate measure of damages for the alleged contractual breach. WHEREFORE, Defendant respectfully requests that Plaintiff s Complaint be dismissed, with prejudice, together with such other relief as the Court deems just and appropriate under the circumstances. COUNTERCLAIM 40. The averments of all paragraphs set forth above are incorporated herein by reference as if fully set forth. 41. Paragraph 6 of the Loan Agreement provides as follows: Indemnity. The Borrower, for itself and all those claiming under or through it, agrees to protect, indemnify, defend and hold harmless the Bank, its directors, officers and employees, from and against any and all liability, expense, or damage of any kind or nature and from any suits, claims or demands, including reasonable legal fees and out-of-pocket expenses, arising out of this Agreement or in connection therewith. This obligation specifically shall survive the completion of the improvements and the repayment of the Loan. 42. Plaintiff's claims in the instant matter arise out of or in connection with the Loan Agreement. 43. Pursuant to paragraph 6 of the Loan Agreement, Plaintiff has an obligation to indemnify Defendant for costs and fees incurred by Defendant in defending this lawsuit. 44. The costs and fees incurred or to be incurred by the Defendant in connection with this lawsuit are unknown as of this writing, as same are continuing. WHEREFORE, Defendant respectfully requests that judgment be entered in favor of the Defendant and against the Plaintiff in an amount to be determined at trial. Respectfully submitted, METTE, EVANS & WOODSIDE By:----??-? Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendant Date: February 21, 2012 8 VERIFICATION I, Raymond Granger, am a Senior Vice President of Defendant, Susquehanna Bank, and as such am authorized to make this Verification on its behalf. I verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.§4204 relating to unsworn falsification to authorities. W? Ra and ger Date: c t Z- ?-C ??? ot'I1tTtuniN BLUE BALL A Division of CommuniryE3anks AUTOMATIC FUNDS TRANSFER (AFT) AUTHORIZATION I/We request and authorize CommunityBan rNiew fer funds as indicated below until ftutlier notice from me: Transfer Type (check ono, one : Customer Sign-up ? Change of existing transfer ? Funds Transfer an Payment * ? Club Payment ? Safe Deposit Box (annual only) Transfer FROM Account Number: C 000 TO Account Number: Amount of Transfer: $ Start Date: Club Payments - Onf>, Expiration Date: (if applicable) z 0" Initial Maturit} Date: Frequency of Transfer (check only one): ? Weekly ? Bi-Weekly Monthly Charge Notice Requested By Customer ? Y or ? N *onthly ? Annually I/We acknowledge that it is mylour responsibility to insure adequate funds are on deposit to cover the scheduled transfer on the selected transfer day/date. I / We also understand that any overdrafts which result due to the automatic transfer will be my/our sole responsibility (including the fee for IusuflSc?eat Funds Item). Any automatic transfer which causes more than three (3) insufficient funds charges against a depository account may be revoked at the discretion of the Bank *For loan payments, the transfer should be established exactly as written in the loan agreement. If the transfer date falls on a weekend or holiday, the payment will be deducted on the next business day. (For Safe Deposit Box Rent Transfers) CommunityBanks is authorized to debit the above mentioned account annually, on or after the Lease Expiration Date, for the annual rent due for the Safe Deposit Box identified above. This authorization shall remain effective unto canceled, either by written notice of cancellation, surrender of the Safe Deposit Box, or death. OVERPRAFT1SWEEP PROTECTION AUTHORIZATION The undersigned agree that CommunityBanks may automatically transfer funds from: ? Sweep Account: ? Loan Account: ? "Customer Opted from ODH" to checking account number in the event checks presented for payment exceed the checking account balance, causing an overdraft status on the account. I/We acknowledge a $5.00 fee will be assessed per occurrence and that the fee will be deducted from the transfer account at the time the automatic transfer is initiated. Transfer fee waived due to: ? Direct Deposit Benefit ? Othcr Approved by: Customerfs) Name: j Date: Bank Representative.: Office 4: Date: Maimenarce Dorms Rev. 06/06 Forward completed form to Deposit Services '7 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Robert C. May, Esquire The Law Firm of May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011 Attorneys for Plaintiff' Respectfully submitted, METTE, EVANS &: WOODSIDE By: ;?. Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Dated: February 21, 2012 1V ?r?t. PH 1: J i 'JBEfi r COUNTi' PE Nt-,,5YLVA,NI, Ronald L. Finck, Esquire Sup. Ct. ID No. 89985 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax rlfinck@mette.com Attorneys, for Defendant FJ DREAMS, a partnership, Plaintiff V. SUSQUEHANNA BANK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 12-372-Civil Term CIVIL ACTION -LAW JOINT PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, withdrawn, and discontinued, with prejudice. Respectfully submitted, By: C ??2 Robert C. May, Esquire The Law Firm of May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011 Attorney for Plaintiff p By: Ronald L. Finck, Esquire PA Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax rlfinck@mette.com Attorneys for Defendant Date: May S , 2012 2 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class postage, prepaid, addressed as follows: Ronald L. Finck METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Defendant By?"4 : Robert C. May, Esquire The Law Firm of May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011 Attorney for Plaintiff Date: May '3, 2012 5566840 ERVIN P. BITNER and IN THE COURT OF COMMON PLEAS OF MARIE E. BITNER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION—LAW THE WEST END LAND COMPANY OF SHIPPENSBURG: -0 a/k/a WEST END LAND COMPANY, cn r -- ; Defendant NO. 13-372 CIVIL TERM -� Rr IN RE: PLAINTIFFS' MOTION TO TRANSFER REAL PROPERTY BY ORDER OF COURT DEED ORDER OF COURT AND NOW, this 15'h day of July, 2013, upon consideration of Plaintiffs' Motion To Transfer Real Property by Order of Court Deed, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. The Plaintiff shall be responsible for proof of service of this Rule upon the Defendants. IT IS FURTHER ordered that if Defendants fail to answer the Rule, this Court may make the Rule absolute and .grant the motion to transfer real property without a further hearing upon the filing by the Plaintiffs of a motion to make the Rule absolute. BY THE COURT, Al c—�09, Christyl96 L. Peck, J. Ahris Sheffield, Esq. P.O. Box 218 1 Shippensburg, PA 17257 Attorney for Plaintiffs :rc THIS DEED Made this 0 day of i 'IA in the year of our Lord two thousand and thirteen (2013) BETWEEN: The West End Land Company of Shippensburg, a.k.a. West End Land Company, and any follow-on interests thereof, and Ervin P. Bitner and Marie E. Bitner, husband and wife, hereinafter referred to as GRANTORS: AND: Ervin P. Bitner and Marie E. Bitner, husband and wife, of the Borough of Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as GRANTEES: ALL that certain tract of land and improvements thereon situated in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: Beginning at a point on the East side of South Queen Street at line now or formerly of Carroll Hockersmith: thence southwardly with said South Queen Street, 120 feet to the edge of property of Bruce R. Beam and Julia L. Beam; thence eastwardly along said Beam land 200 feet to a point on line of a public alley; thence northwardly with the public alley 120 feet to said Hockersmith land; thence westardly along said Hockersmith land 200 feet to the East side of South Queen Street, the place of BEGINNING. Containing 120 feet in front on South Queen Street and extending 200 feet in depth and being 120 feet in width in the rear. BEING A MODIFIED PORTION OF THE SAME REAL ESTATE which was conveyed by Deed dated July 29, 1964 conveyed to Grantees herein and recorded at Book H21 Page 512. The modification of said conveyance is to add the portion of land that was the subject of a Complaint in Quiet Title filed at No. 2013-372 of Cumberland County, Pennsylvania, filed January 22, 2013, to the Grantees existing Deed filed at Book H21 Page 512. AND the said Grantors will generally warrant the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors hereunto set their hand and seal the day and year below written: BY ORDER OF COURT" CASE NO. 2015-572 The West End Land Company of Shippensburg, a_k.a West End Land Company, and any follow-on interest thei!eof Ervin P. Bitner, /aZE. B itner, ACKNOWLEDGMENT State of Pennsylvania SS County of Cumberland On this, the day of ; 2013, before me, the undersigned officer, personally appeared Ervin P. Bitner and Marie E. Bitner, personally known to me (or satisfactorily proven to be) the persons whose names are subscribed to the within instrument, and acknowledged the foregoing instrument to be their act and deed, and desired the same to be recorded as such. Witness my hand and official seal, the day and year#—re-,sytid. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Notary Public TAM MY SUE HELMAN,Notary Publin y GuilfordTivip.,Franklin County My Commission Expires: v:y Commission Expires February 10,2014 CERTIFICATE OF RESIDENCE I do hereby certify that the precise place of residence of the within Grantees is 305 South Queen Street, Shippensburg, Pennsylvania, 17257 Dated: iO-2O w t 3 ttorne for Gan y e s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cf ERVIN P. BITNER, and CIVIL ACTION—LAW and LP-JTY— MARIE E. BITNER, his wife, Plaintiffs .' C NO. 2013 - 372 { vs. p r� C) C THE WEST END LAND COMPANY co OF SHIPPENSBURG, a.k.a. WEST END LAND COMPANY Defendant MOTION TO TRANSFER REAL PROPERTY BY ORDER OF COURT DEED NOW COMES, Plaintiffs, by and through their counsel, Sheffield Law, LLC, Chris Sheffield, Esq. and set forth the following: 1. Plaintiffs, Ervin P. Bitner and Marie E. Bitner filed a Quiet Title action at Docket No. 2013-372 against Defendants in this Court on January 22, 2013. 2. Defendant, The West End Land Company, is a registered corporation in the Commonwealth of Pennsylvania, with an unknown address. 3. Plaintiffs have attempted to locate any current individual(s) or entity that continue to operate under the legacy of the Defendant, but Plaintiffs have been unable to locate any such individual(s) or entity. 4. Defendant is registered as an active business corporation with the Commonwealth of Pennsylvania Department of State as shown on the Business Entity Filing History sheet provided by the Department of State and attached hereto and incorporated herein as Exhibit No. 2, however, after an inquiry regarding the Defendant's business activity, the Plaintiffs believe and therefore aver that the Defendant is not an active corporation in the Commonwealth of Pennsylvania. 5. The Plaintiffs are without any ability to ascertain from public records who, if any, individual(s) or entities have a follow on interest of the Defendant's interest in the land that is subject to this Quiet Title action. 6. Plaintiffs have searched the land records of Cumberland County Pennsylvania, notably the Recorder of Deeds and the Tax Assessment Office and has not identified any real estate currently held by the Defendant or any real estate by a follow-on successor to the Defendant. 7. Plaintiffs inquired with the Shippensburg Borough Office and was informed that the Defendant has not had any activity in the Borough for more than two decades and is not listed on any local property tax records. 8. Plaintiffs have examined local telephone directories as well as internet search engines and have not located a current address or telephone number for the Defendant. 9. Plaintiffs were granted permission by the Court to perfect Service of Process in this matter publication by Court Order dated March 6, 2013. 10. Plaintiffs prepared publication notices, paid for such publication, and have obtained proof of publication in both the Cumberland Law Journal and The Sentinel newspaper pursuant to Pa.R.C.P. Rule 430 (b) (1). Attached hereto and incorporated herein are Exhibit No. 1 and No. 2, which are proofs of publication for each of the entities above respectively. 11. No response to Plaintiff's Complaint has been filed by the Defendant, or any individual or entity claiming a follow-on interest of Defendant, with the Court or with below signed counsel for more than sixty days from the proof of publications in this matter. 12. Plaintiffs are entitled to a recorded conveyance of the subject real estate in order to facilitate use of the land in their interest. 13. Pursuant to Pa.R.C.P. 1066 (4), Plaintiffs request that the Court order the Cumberland County Recorder of Deeds to record a Deed attached hereto as Exhibit No. 3 and incorporated herein, conveying the property to the Plaintiffs and modifying Plaintiff's current Deed to reflect ownership of the land in this matter, which is contiguous to Plaintiff's land already recorded as a matter of record. The recording of said Deed will notify any and all third parties going into the future that the land is vested in fee simple to the Plaintiffs. WHEREFORE, Plaintiffs requests that this Court enter an Order of Court directing the Cumberland County Recorder of Deeds to record Exhibit No. 3 attached hereto. Respectfully submitted, 4hs the ie , tsq. P.O. Box 218 Shippensburg, PA 17257 (717) 262-0025 phone (717) 262-0079 fax r4 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire,Editor 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 periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication 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 dates, Viz March 22, 2013 Afflant 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 in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. /44L Li.a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 22 day of March, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNT' My Commission Expires Apr 28,20914 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County,Pennsylvania Civil Action—Law and Equity NO. 2013-372 ERVIN P.BITNER and MARIE E.BITNER,his"wife Plaintiffs vs. THE WEST END LAND COMPANY OF SHIPPENSBURG a.k.a.WEST END LAND COMPANY Defendant Nature of Action: Quiet Title NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20) days after this Complaint and Notice are served,by entering a written ap- pearance personally or by an 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 judgement 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 where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle,PA 17013 1-800-990-9108 (717) 249-3166 Mar. 22 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 25,2013 COPY OF NOTICE OF PUBLICATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA =RV1N P:BITNER,and CIVIL ACTION-LAW and EQUITY Affiant further deposes that he/she is not MARIE E.BITNER,his wife, Plaintiffs vs. NO. 2013-372 interested in the subject matter of the aforesaid notice or advertisement, and that DF WEST END LAND COMPANY all allegations in the foregoing statement as F a.VVES END LAD Nature of Action:Quiet Title Lk.a.WESTDe D Lan D COMPANY to time, place and character of publication i are true. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT:IF YOU WISH TO DEFEND AGAINST THE CLAIM&.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 FILLING 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 i AND A JUDGEMENT 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.YCU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANTTO YOU.YOU SHOULD.i TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD Sworn to d subscribed before me this ONE,GO TO 7 H TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013; 1 Z� 1400-990-9108;717-249-3166 ? Notary Public My commission expires: NOTARIAL SE%L BAMBI ANN HECKEiNDOftN tdotary Public CARLISLE BGRGUGH. CUMBERLAND C111y illy C01"MisSiorl Expires Jan 27. 2014 s �`f irr �?" tvc THIS DEED Made this ZOO day of in the year of our Lord two thousand and thirteen (2013) BETWEEN: The West End Land Company of Shippensburg, a.k.a. West End Land Company, and any follow-on interests thereof, and Ervin P. Bitner and Marie E. Bitner, husband and wife, hereinafter referred to as GRANTORS: AND: Ervin P. Bitner and Marie E. Bitner, husband and wife, of the Borough of Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as GRANTEES; ALL that certain tract of land and improvements thereon situated in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: Beginning at a point on the East side of South Queen Street at line now or formerly of Carroll Hockersmith; thence southwardly with said South Queen Street, 120 feet to the edge of property of Bruce R. Beam and Julia L. Beam; thence eastwardly along said Beam land 200 feet to a point on line of a public alley; thence northwardly with the public alley 120 feet to said Hockersmith land; thence westardly along said Hockersmith land 200 feet to the East side of South Queen Street, the place of BEGINNING. Containing 120 feet in front on South Queen Street and extending 200 feet in depth and being 120 feet in width in the rear. BEING A MODIFIED PORTION OF THE SAME REAL ESTATE which was conveyed by Deed dated July 29, 1964 conveyed to Grantees herein and recorded at Book H21 Page 512. The modification of said conveyance, is to add the portion of land that was the subject of a Complaint in Quiet Title filed at No. 2013-372 of Cumberland County, Pennsylvania, filed January 22, 2013, to the Grantees existing Deed filed at Book H21 Page 512. .r- lqo AND the said Grantors will generally warrant the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors hereunto set their hand and seal the day and year below written: BY ORDER OF COURT CASE NO 2013-372 The West End Land Company of Shippensburg, a.k.a West End Land Company, and any follow-on interest thepeof 6C'L_ Ervin P. Bitner. ��aE. Bitner, ACKNOWLEDGMENT State of Pennsylvania : : SS County of Cumberland On this, the o 4 day of kr,YtP , 2013, before me, the undersigned officer, personally appeared Ervin P. Bitner and Marie E. Bitner, personally known to me (or satisfactorily proven to be) the persons whose names are subscribed to the within instrument. and acknowledged the foregoing instrument to be their act and deed, and desired the same to be recorded as such. Witness my hand and official seal, the day and year "re COMMONWEALTH OF PENNSY' f N NOTARIAL SEAL Nota Public TAMMY SUE HELMAN,Notary Public GuilfordTfJp.,Franldin County My Commission Expires: My Comari ssion Expires February 10,2014 CERTIFICATE OF RESIDENCE I do hereby certify that the precise place of residence of the within Grantees is 305 South Queen Street, Shippensburg, Pennsylvania, 17257 Dated: i a 3 ttorney for G 'n&Cs