HomeMy WebLinkAbout13-0372 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERVIN P. BITNER, and CIVIL ACTION-LAW and EQUITY
MARIE E. BITNER,his wife,
Plaintiffs
NO. 2013 - 372
vs.
THE WEST END LAND COMPANY `r_M `C.-"
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. I 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 par-ties 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,
n - '-Mefd, sq.Ae
P.O. Box 218
Shippensburg,PA 17257
(717) 262-0025 phone
(717) 262-0079 fax
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 Co' yne,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
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 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.
L#Marie Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
22 ki of March 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
JCARLISLE BOROUGH,CUMBERLAND COUNTY1
My Commission Expires Apr 28,2014
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
Tackie 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
E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
�and CIVIL ACTION-LAW and EQUITY
hls wife, Affiant further deposes that he/she is not
VS NO. 2013-372 interested in the subject matter of the
aforesaid notice or advertisement, and that
AND COMPANY
all allegations in the foregoing statement as
Nature of Action:Quiet Title
+n D
COMPANY to time,place and character of publication
are true
NOTICE TO DEFEND
SUED IN COURT,IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE.
GES,YOU MUST TAKE ACTION WITHIN TWENTY(20)DAYS AFTER THIS COMPLAIN.AND
RVED,BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND
TING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
YOU ARE WARNED THAT IF YOU FAIL TO DO SO.THE CASE MAY PROCEED WITHOUT YO U
ENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR
IMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
I MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU.YOU SHOULD rr
ER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD f Sworn to nd subscribed before me this
E TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL
E
ND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013;
25 - E
1.800.990-9108;717-249-3166
Notary Public
My commission expires:
NOTARIAL SEAL
BAMBI ANN HECKENDORN
Notary Public
CARLISLE BOROUGH CUMBERLAND CNTY
i'4Y7Commission MY Commission EXpires Jan 27, 2014
_Miss ic
C7.
THIS DEED
Made this 4ZO-0- day of :7-(JnA -, 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.
t
AND the said Grantors will generally warrant the property hereby conveyed.
IN WITNESS WHEREOF, the said Grantors hereunto set their hand and seal the d
year below written: day and
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 thereof
1
Ervin P. Bitner,
(Moar E. Bitner,
ACKNOWLEDGMENT
State of Pennsylvania
County of Cumberland SS
On this, the _� day of 213, before me, the officer, personally appeared Ervin P Bitner and Marie E. Bitner, personally kownn oersig(or
satisfactorily proven to be) the persons whose names are subscribed to the within instruments and
acknowledged the foregoing instrument to be their act and deed, and desired the same ' and
recorded as such. to be
Witness my hand and official seal, the day anrearre id.
COMMONWEALTH OF PENNSYLVANIA NOTARIAL S=EA TAMM Y SUE HELMAN Ny uc
Guilford Tivp.,FrankMy - mnission Expires F 4 MY Commission Expires:
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:
�tto ey for G ntees
THIS DEED
Made this— 4U,0 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.
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 COURr, CASE NO. 2015-372
The West End Land Company of Shippensburg,
a.k.a West End Land Company,
and any follow-on interest theWof
Ervin P. Bitner,
WE. Bitner.
ACKNOWLEDGMENT
State of Pennsylvania
Ss
County of Cumberland
On this, the day of a,/_A411_Z 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 res id.
COMMONWEALTH OF PENN Y
NOTARIAL SEAL Notary Public/
TAMMY SUE HELMAN,Notary Public
Guilford scrap.,Franklin County My Commission Expires:
W-,,y i,omrnission Expires FebrUWY 10,2014
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise place of residence of the within Grantees is 305 South
Queen Street. Pennsylvania, 17257
Dated:
�itoey for Gl nkes
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERVIN P. BITNER, and • CIVIL ACTION—LAW and EQUITY
MARIE E. BITNER, his wife,
Plaintiffs •
• NO. 2013 - 372 -vX ;;
VS. rn r}
•
-v - ri
THE WEST END LAND COMPANY : c� a,
OF SHIPPENSBURG, : '!c
a.k.a. WEST END LAND COMPANY : aoc
Defendant
c? .-1
r
MOTION TO MAKE RULE ABSOLUTE AND
GRANT PLAINTIFFS' RELIEF 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 attempted to locate any current individual(s) or entity that continue to operate
under the legacy of the Defendant,but Plaintiffs were 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, however, after an inquiry regarding the Defendant's business
activity, the Plaintiffs believed and therefore averred that the Defendant is not an active
corporation in the Commonwealth of Pennsylvania.
5. The Plaintiffs were granted by Court Order dated the 6th day of March, 2013, the
permission to serve the Defendant by publication in this matter, and Plaintiffs perfected such
service of the Complaint in this matter.
6. The Defendant failed to Answer the Complaint and the Plaintiffs filed a Motion to
Transfer Real Property by Order of Court Deed.
6. The Court, by Order dated the 15th of July, 2013, issued a Rule on the Defendant to show
cause why the relief requested should not be granted. Said Order of Court is attached hereto as
Exhibit No. 1.
7. Plaintiffs perfected service of this Rule by publication on August 8, 2013 via The
Sentinel newspaper and on August 9, 2013 via the Cumberland Law Journal as evidenced in the
attached Proof of Publications attached hereto as Exhibit No. 2.
8. No response to the Rule has been received by the Plaintiffs or filed with the Prothonotary
of Cumberland County Pennsylvania as of September 9, 2013, more than 20 days beyond the
service by publication perfected by Plaintiffs in this matter.
9. Plaintiffs are entitled to the relief requested to have the Court order a recorded
conveyance of the subject real estate in order to facilitate use of the land in their interest and to
put any and all third parties going into the future on notice that the land is vested in fee simple to
the Plaintiffs.
10. Pursuant to Pa.R.C.P. 1066 (4), Plaintiffs request that the Court order the Cumberland
County Recorder of Deeds to record the original Deed, a copy of which is 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.
WHEREFORE, Plaintiffs requests that this Court make the Rule Absolute and enter an
Order of Court directing the Cumberland County Recorder of Deeds to record Exhibit No. 3
attached hereto.
Respectfully submitted,
eirat:"..//di
hris Sheffie d,rs•.
P.O. Box 218
Shippensburg, PA 17257
(717) 262-0025 phone
(717) 262-0079 fax
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: ice- . -= _
a/k/a WEST END LAND r• "
COMPANY, • `` 0°,
Defendant : NO 13-372 CIVIL TERM
IN RE: PLAINTIFFS' MOTION TO
TRANSFER REAL PROPERTY BY
ORDER OF COURT DEED
ORDER OF COURT
AND NOW, this 15th 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,
Christyl9e L Peck, J.
F'XHl6/ T
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Jackie Cox,Director of Sales,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):
August 8,2013
COPY OF NOTICE OF PUBLICATION
HYUNDAI,2010 Tuceon
iroom $725/mo. Gray/black,
5/mo.Minimum �'� a 24k miles.
'82,000.See Stock#LX17383A
perbes.com for * e� $17,4es Affiant further deposes that he/she is not
II 717-254-1301 4 --= 1400-778-0850
m. www.bqbbyrahallexus.com interested in the subject matter of the
am townhouse. JEEP,1994 Wrangler.6 cyt.;
Call 245-0082. hard-top,5 speed,includes aforesaid notice or advertisement,and that
6'
Dm,1.5 bath, 4-way plow.$4,695.717-732-0539. all allegations in the foregoing statement as
c-up.Near 81. JEEP,2011 Cherokee
5311,after 4pm. to time,place and character of publication
�m townhouse, 1 A8 Blk mile,
ck miles. are tru
)ets.townhouse, Stock#miles. A /Lite
$29,o88 (11),..Sz3
,1400-778-0880
em 2 bath, www.bobbyreha8exus9,98
I Pets agot-
Gall 578 6 I OYOTA,2008 Highlander Ltd.52k,
8619. new tires,leather heated seats,
,m,2.5 bath, sliding sunroof,roof camera,alloy.
cement B,fenced $25,000.Call 717-243-6889.
itilities,security
ON 717-713-2787. 860 III
-- Sworn to and subscribed before me this
W 66 6 tOt3 .
4 Notary Public
My commission expires:
COMMONWEALTH OP PENNSYLVANIA
Notarial Seal
Bethany M.Holtry,Notary Public
Carlisle Boro,Cumberiand County
My Commission Expires Sept.26,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
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
August 9, 2013
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 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.
c Lis f _
Marie Coyne, Edit r
SWORN TO AND SUBSCRIBED before me this
9 day of August, 2013
Notary ../1/1""--/
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUC1,CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
r '
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action—Law
NO. 13-372 CIVIL TERM
ERVIN P. BITNER and
MARIE E. BITNER,his wife,
Plaintiffs
v.
THE WEST END LAND COMPANY
OF SHIPPENSBURG a/k/a
WEST END LAND COMPANY
Defendant
IN RE: PLAINTIFFS'MOTION TO
TRANSFER REAL PROPERTY BY
ORDER OF COURT DEED
ORDER OF COURT
AND NOW,this 15th day of July,
2013, upon consideration of Plain-
tiffs'Motion To Transfer Real Prop-
erty 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 De-
fendants 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,
/s/Christylee L. Peck
Christylee L. Peck,J.
Aug. 9
8
THIS DEED
Made this C' day of J F , 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 H2l 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.
EX I- Q iT 1Jo. 3
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 thereof
r) j -- i r•.
Ervin P. Bitner,
q
.''��
Iar- E. Bitner.
ACKNOWLEDGMENT
State of Pennsylvania :
: SS
County of Cumberland :
•
On this, the K;, 6 day of ' AL:-r, c?_ . 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 aftfiaid.
i , 1
1-',OP=Ii‘vIONWEN Ti-I OF PENNSYWVA , ( - /a?-7/PY---f"" '
F-- NOTARIAL SEAL 1 F ;, .1c_ ELMAN,Notary Public Notary Public
;1/"-<y
C:ulitc,Id Twp.. Franklin.County My Commission Expires:
1
Corn io + xo;res Feoruary 1G,2+i4
' _
CERTliFICATE OF RESIDENCE
I do hereby certify that the precise place of residence of the within Grantees is 305 South
Queen Street, Shippensburg. Pennsylvania, 17257
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERVIN P. BITNER, and CIVIL ACTION—LAW and EQUITY
MARIE E. BITNER,his wife,
Plaintiffs
NO. 2013 - 372
vs. C-)
THE WEST END LAND COMPANY rncu vs
=M 'i
OF SHIPPENSBURG, r,
a.k.a. WEST END LAND COMPANY _
Defendant r -z f '.
--� NO
ORDER OF COURT -
NOW, this Net., day of , 2013, the within Motion to Make
Rule Absolute and Grant Plaintiffs' Relief to Transfer Real Property By Order of Court Deed
having been read and considered, IT IS HEREBY ORDERED, that the Cumberland County
Recorder of Deeds shall record the original Deed, a copy of which is attached hereto, upon
presentation by the Plaintiffs of said original Deed to the Cumberland County Recorder of
Deeds.
By the Court,
O�` J.
r
THIS DEED
Made this 4d,0 day of :J_L/n_.k , 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. 2013-372
The West End Land Company of Shippensburg,
a.k.a West End Land Company,
and any follow-on interest the eof
Ervin P. Bitner,
a E. Bitner,
ACKNOWLEDGMENT
State of Pennsylvania
SS
County of Cumberland
On this, the a� 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 d7=�L re
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL Notary Public
TAMMY SUE HELMAN,Notary Public
Guilford Tkap.,Franklin County My Commission Expires:
My 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: (a 2,c - 13
C—rn—y e for G n Is