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HomeMy WebLinkAbout00-00878 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY LOCATED AT 2014 COLUMBIA AVENUE, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED WITH PARTICULARITY AT DEED BOOK N 18, PAGE 525, RECORDER OF DEEDS, CUMBERLAND COUNTY, PENNSYLVANIA 00-878 CIVIL 00--075 MISCELLANEOUS PRAECIPE FOR INDEXING AS LIS PENDENS TO THE PROTHONOTARY: Kindly index the above action as a Lis Pendens against the following property: 2014 Columbia Avenue, Borough of Camp Hill, Cumberland County, Pennsylvania, along with all of their improvements, appurtenances, buildings and structures described as follows in Deed Book N 18, Page 525, Recorder of Deeds Office, Cumberland County, Pennsylvania, and against Robert White Heck and Anne E. Heck. Date: February 11, 2000 'iJJif&! Michael S. F~ Assistant District Attorney "_..~tlliiii~~lfllll~~~>~ ,-'",,- '<k_ - I, ~ ...[) g, 8- It b if - It :l> fJ' co 0 ('> R (2 p C ~. 0 (:::; r'., '....,' C c;; n <, ., ',".1 -;::J L)', 0; r-l" 1'1": . , l~:;:J Z ._, 2: [;,~ en c~! -----0:.: ::::C} ";--,." ?r, -'- ZC'~ CO ;D"C Z "... _..1 -< (J"\ ,J ,. - X! COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY LOCATED AT 2014 COLUMBIA AVENUE, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED WITH PARTICULARITY AT DEED BOOK N 18, PAGE 525 RECORDER OF DEEDS, CUMBERLAND COUNTY, PENNSYLVANIA 00-'813' CIVIL 00-075 MISCELLANEOUS LIS PENDENS NOTICE IS HEREBY GIVEN that the foregoing action has been commenced and is now pending in the Court of Common Pleas of Cumberland County, Pennsylvania, between the parties above-named for seizure, arrest and forfeiture of the defendant real properties, along with all improvements, appurtenances, buildings and structures, with the Commonwealth of pennsylvania as Plaintiff. Such Notice to Answer Petition for Forfeiture and the Petition for Forfeiture have been duly filed with the Clerk of Court of Cumberland County, pennsylvania in Carlisle, Pennsylvania, on February 14, 2000. Such documents are marked as Exhibit B. The defendant property which ,is the subject of this action is described as follows: (See attached copy of Deed marked as Exhibit A) . Date: February 14,2000 ~ Assistant District Attorney Ti.J 1J 11;,*I~I~\I",1 \.''''1 ~\~, '\'1\\. "1"'1\""'1'''. u,...w.\I-~\\" '".-:-,1''' BOOK tJ 18 PA~1525 1Cbi~ 1Detb, Made this nineteen hundred and fifty-eight. (1958) ~ttwttn, HENRY K. KING and FLORENCE T. KING, his wife, of the Borough of Camp Hill, County of Cumberland, State of Pennsylvania, parties of the first part. . (her81ri~fter: cal.1i:la the'Grl!l"lto~:) ), Sixteenth dllYof July in the yellr ';:-, ;. WITE and ROBERT 'qt HECK and ANNE E. HECK, his wife ~ '" :f (hereiOlifter'i:llllecf:the Gtllntee.i ,!",)",.,:', Ditne55etf), That in consideration of THl;RTEEN THOUSAND ($13,000.00)- - - - - - - -- " in hllnd paid, the receipt whereof is hereby acknowledged, the said Grantor s do - - -Dollllrs, hereby grant and - - - - - - - - - - - - - - - - - - - - - - - - - - - convey unto the said Grantee s and assigns, '. ALL THAT CERTAIN piece or parcel of land together with the one story brick house thereon erected known as 2014 Columbia Avenue, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania being Lot No. 124 Sec. "c" on the Plan of College Park as recorded in Plan Book 4, Page 91 and being more particularly bounded and des- cribed, according to a survey thereof made by D. P. Raffensperger, R. S. dated June 23, 1958 as follows, to. wit: BEGINNlN~at a point on the Northern side of' Columbia AVenue (sixty (60) feet wide) at the distance of seventy (70) feet measured Eastwardly along the said Northern side of Columbia Avenue from its interseotion.with the.Eastern side of S..2lst St~e~t also at the dividing line between Lots Nos'. 123 and i24Sec'tlon "c" of th~::'her'e!inllilfo~::1IIe*t1~~~tl plan of 10Cs; thenoe along said dividing line North seven (7) degrees twelve (12) minutes West one hundred fifty (150) feet to a point at the dividing line between Lots Nos. 143 and 124 Section "c" on said plan; thence along said dividing line and along Lot No. 142 North eighty-two (82) degrees forty-eight (48) minutes East sixty (60) feet to a point at the dividing line between Lots Nos. 124 and 125 Section "c" on said plan; thenc;e along the same South seven (7) degrees twelve (12) minutes Esst one hundred fifty (150) feet to a point on the Northern side of Columbia Avenue; 'thence along the same South eighty-two' (82) degrees forty-eight (48) minutes West sixty (60) feet to a point, the place of beginning. BE~~ the same premises Which Welbilt Romes, Ino. granted and conveyed unto Henry K. King anq Florence T. King, his wife, by deed dated June 16, 1950 and recorded in Deed Book K, Vol..14, page 117, Cumberland County records. f,.' t, ~ ~.. - ,. j .....cl', ,1":'" .~, r~MP HILL SCHOOL [)IS1RIC1 I(L~l E::;T ATE T!lA1'lSFER TAX Ai'll $lllO,~'le J~t~ .........._..~~R: AGENt '.>.' ,.-., ~'-~P" f EXHIBIT A -.....- the said Grantor s .. . .. i'h . Warrant and forevei'flJltl}Q~er!!:ln'a~~ described p;emises, with the hered\taine~~f and appurtenances, untcl'tHa iaid ~.mtl~e:l.~l4f...JI .and assIgns, against the said Grantor a and against every other person lawfully claIming or who shall hereafter claim the same or any part thereof, I .In, _(tUtUS _btttOf",the said Grantors day and year first above wrlt1en. .wnuJ1JiJ1, hllVe caused these presents to be duly executed, the ii>taleb'.anb'J)tlibtttb",..,i~ ~ECllRDtO.'ffl"\ ". :" I th P f ' CLERK 01 CUIIR', ,. ~~.'f~;;~~,~~~","'J~ , ',,' CUMBERLAND COllNTY :7"~/ _ ~ ,,/ ~? " ?,NHSYLVAN,' Florence. T., 1C:f.ng..,,'. .' , , , State of Pennsylvania County of Dauphin . On this, the . sixteenth undersigned officer, personally appeared July 19 58, before me, the . ICing and Florence T. ICing, his wife, k~:;tb'.me (or saiisfllctorily proven) to be the persons whose name s are subscribed to the wit~iri 'i~~.~~!:l,~~,. and acknowledged th~t. they executed the same for the purposes therein contained _...\~,:-;~... \ ;. :>.? \', , ::"':':""i~ "',00.-:. '! ,,' " , ; ...~l r. ~. . \ *. .In ~~~nt55_btrtDf. J hereunto set ~d official se~!.:- ,~~~t5.~//: f'! ..~-'."., ,': I.. ~7 C<.. .' '.~1"':':::.:'."..~"..':"> My C'('In"".,...i-' '-.- ....'............c; "'.'._~ II,"....I'..~ N()v( n-.!' Rcadjne. r:i:r1.~ 1..:" .:r:~:.., I a. day of Henry K. STATE OF PENNSYLVANIA, COUNTY OF ~ ~.e. /L.& ..L RECORDED en this 17/# , in the Recorder'i .0000ce of the sa'!d County In Deed Book tV page ~ OJ C. ~ U " g .&:I. ~ ("~i. L, ~ ....~~ "... ""'" , ...... .... &-< '" "'" ... " '" .;" .. w :~.j I .;;: 'S OJ " '" g . " >. > ... ..; <= " C!:l .'..0 ~ , 0,..( 0'-0 '-\..<'...... ~i2ii~ 8';l ~~;., .~'~~~.)~ g'la'H'~ "" u u .~ 9: ... .. - -, "" c: '1' .... '" .. ~ ~ ~ .. "0 '" " .... ( , i .' cd -g '" OJ.... ...."" o . "'.... ,,=:: 0 ... " o .....,.:r: ... .c...... . :>...'" ... " " .0 " Jl~ ~ E '" ~ "- { , " " .... .c ',.......'-I-.s:. : . \:..::''(, 'c' iY-'-':>\'\ :~ ~~f "~~~', ~'.::.:Ji".' :t'm:~;<i /, "'C" cO ~ a...c:. ( -Oto~_ ~ <= .... . l>&&-< . " l>& 0 >.~ ... ... <= 0 """ =::... day oti Vol. I.?' A.D. 19$ GIVEN under my hand the seal of the said office. the date above written. c: .' ~. / .~ " .::' ,,~c.~~,-- '<-P~-'.l-Io... Recorder. I. " , , COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLE~S OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY LOCATED AT 2014 COLUMBIA AVENUE, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED WITH PARTICULARITY AT DEED BOOK N 18, PAGE 525, RECORDER OF DEEDS, CUMBERLAND COUNTY, PENNSYLVANIA 00- 075 MISCELLANEOUS NOTICE TO THE CLAIMANT OF THE WITHIN DESCRIBED PROPERTY You are required to file an answer to this petition setting forth your title in, and right to possession of said property within thirty (30) days from the service hereof, and you are also notified that if you fail to file said answer a decree of ..,.., .-n "" forfeiture and condemnation will be entered against said' ..c- V..) ~ Michael S. Ferguson Assistant District Attorney w w ::9 ~ property. LI - = = EXHIBIT B 'w,' 0' '~', COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY LOCATED AT 2014 COLUMBIA AVENUE, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED WITH PARTICULARITY AT DEED BOOK N 18, PAGE 525, RECORDER OF DEEDS, CUMBERLAND COUNTY, PENNSYLVANIA 00-075 MISCELLANEOUS PETITION FOR FORFEITURE AND NOW, comes Michael S. Ferguson, Assistant District Attorney of Cumberland County, Pennsylvania, who respectfully avers the following: '-" ~ "" c"> 1. On or about February 5, 2000, Robert W. Heck, Jr. war (.U arrested at his residence at 2014 Columbia Avenue, Camp Hill w '-0 -- ':". ~ Borough, by the Dauphin County Sheriff's Department pursU~nt B5 a -.: c:; <=:> Bench Warrant that had been issued by the Honorable Jeanine Turgeon, Dauphin County Court of Common Pleas, on February 3, 2000. 2. The Sheriffs were assisted by members of the Camp Hill Borough Police. 3. The police officers present at that location observed Robert W. Heck, Jr. running throughout the house before forcing entry into the house. 4. Upon entry, Heck was taken into custody and 10 loaded AK-47 magazines were observed. 5. Police then checked the house for additional persons. 6. During this sweep, the police observed a large marijuana growing operation in the basement. 7. A search warrant was secured and executed by members of the Camp Hill Borough Police and the Cumberland County Drug Task Force. 8. Based on the search, the police seized various planting and growing materials, 167 Marijuana Plants, 5 Ultra-Violet high output 400 watt light fixtures and one space heater. 9. A sample of the marijuana seized was tested, it showed a positive result for marijuana, a schedule I controlled substance. 10. Robert W. Heck, Jr. was subsequently arrested and charged with multiple violations of The Controlled Substance, Drug, Device and Cosmetic Act 35 P.S. 3780-101 ~ ~ 11. The owner of 2014 Columbia Avenue, Camp Hill Borough, Cumberland County is Robert W. Heck, Sr. and Anne E. Heck. 12. Mr. Robert W. Heck, Jr. was residing at 2014 Columbia Avenue, Camp Hill Borough, Cumberland County, Pennsylvania. 13. Mr. & Mrs. Heck, Sr. currently reside in Hunington Beach, California. - 'l -.. _ .L" 14. Patrolman Pryor of Camp Hill Borough Police contacted Mr. Heck, Sr. on several occasions and informed him that the Commonwealth may seek forfeiture of the above-captioned property. 15. On February 11, 2000, the District Attorney's Office was contacted by Matt Hathaway, a real estate agent for Jack Gaughen Realty. 16. Mr. Hathaway indicated that he was contacted by Robert w. Heck, Sr. about possibly listing the house for sale. 17. This property, of 2014 Columbia Avenue, Camp Hill Borough, Cumberland County, Pennsylvania, was used or intended to be used to facilitate the growing of, concealment of, processing center of, and distribution of the said controlled substance. 10. These properties are therefore subject to forfeiture pursuant to 42 Pa.C.S.A. ~ 6801 (a) (6) . WHEREFORE, the Commonwealth respectfully requests This Honorable Court to enter an Order forfeiting the property located at 2014 Columbia Avenue, Camp Hill Borough, Cumberland County, Pennsylvania, to the Commonwealth of Pennsylvania through the District Attorney's Office, according to law, unless cause to the contrary be shown. ;{ZQ~d' Michael S. Ferguson Assistant District Attorney ,. ,"'-;. '~'i, COMMONWEALTH OF PENNSYLVANIA ) SS. : COUNTY OF CUMBERLAND Michael S. Ferguson, Assistant District Attorney of Cumberland County, Pennsylvania, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. ~~~ Assistant District Attorney Sworn to and subscribed before me this day of February, 2000. Notary NOTARIAL SEAL SONIA E. STIVER, NOTARV PUBUC CARLISLE BORO, CUMBERLAND COUNTY PA MV COMMISSION EXPIRES JULV 31, 2Ocio MI~~jl;*IiI.)ll' ~~lfIIi~~~,illill~_i/l;i:'~'- '.1._ "[I 0 C") l~~ c: 0 ;::,.".. .-,-, ~ -'" "",I " ril ;~, r"?j ~ % cu 1 ,-- (f) U , -( r:: _c :;;::.,--. ~~~ CJ Z ".- --, -< (1' - -'" ..," ~j ". " '-lj'~: { r COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY LOCATED AT 2014 COLUMBIA AVENUE, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED WITH PARTICULARITY AT DEED BOOK N 18, PAGE 525, RECORDER OF DEEDS, CUMBERLAND COUNTY, PENNSYLVANIA 00- ~'7<:( C.IIIIL 00-075 MISCELLANEOUS NOTICE TO THE CLAIMANT OF THE WITHIN DESCRIBED PROPERTY You are hereby notified that a Lis Pendens has been filed against the above-captioned properties on February 15, 2000. Additionally, a Temporary Restraining Order has been issued by the Honorable Edward E. Guido so that you may not encumber the above-captioned property, nor subject the property to waste until a hearing on the Temporary Restraining Order has been held. Date: February 15, 2000 JM~~ Assistant District Attorney Robert W. Heck, Jr., Respondent/Claimant Robert W. Heck, Sr., Respondent/Claimant Anne E. Heck, Respondent/Claimant ..djjj;~....~ -: ~.~ "1IiiI "'- ,;,,,, l dillfJj__ ,-" "" ,,;~<_,,"o.;,-,.'.< ~ ' " "",,""'" ,,,,,. o c z -o1~,L; g? ~t 0~' ii~ )".... c.:: z, =< " c,) o '4 ,--1'1 CJJ """ i '-") '::';'j en ::;"'t'" =~ ~ (-'1 C:J ,. , .-- < ,~. . j,." ". ' J,it, ~ COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY LOCATED AT 2014 COLUMBIA AVENUE, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED WITH PARTICULARITY AT DEED BOOK N 18, PAGE 525, RECORDER OF DEEDS, CUMBERLAND COUNTY, PENNSYLVANIA 00-878 CIVIL 00-075 MISCELLANEOUS AND NOW, this 1~.J day ORDER of February, 2000, upon agreement of the parties, it is hereby ordered and directed that the Temporary Restraining Order previously granted by the Court on February 14, 2000 be made permanent. Robert W. Heck, Sr. and Anne E. Heck are restrained from transferring or encumbering the title of the above-captioned property or otherwise making the property unavailable for forfeiture under the Controlled Substance Forfeiture Act, 42 Pa.C.S.A. ~6801 et seq. until final disposition is made on the Commonwealth's Petition for Forfeiture. The hearing previously set for Tuesday, February 22, 2000, at 1:00 p.m. is cancelled. By Edward E. Guido, J. Michael S. Ferguson, Esquire Assistant District Attorney Gary Lysaght, Esquire Attorney for Robert W. ~~~ / cJ.,}J'aV & Anne E. Heck, Sr. \/ " 1l~11 li\,/d0 lllBj UUt ,l!J [1 ~~"u ",. t\C '_ ~ I :CJTARY "0 F'"R "'/" lii T,',c_ l)~~ 12: i 5 CU:\ilE:hL;,:,., C;UU(HY PENNSYl\i/\!\jV\ - ~",""" '." ~""."",,~,,",', ..,,,. ... ~ '."".""" , ~""~~ .,..""''''~;~~..~., . I ,:""""","I!nlk,.~"",,!,,~,~ ~""','" "~ -i , COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY LOCATED AT 2014 COLUMBIA AVENUE, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED WITH PARTICULARITY AT DEED BOOK N 18, PAGE 525, RECORDER OF DEEDS, CUMBERLAND COUNTY, PENNSYLVANIA 00-878 CIVIL 00-075 MISCELLANEOUS COMMONWEALTH'S PETITION TO MAKE TEMPORARY RESTRAINING ORDER PERMANENT AND NOW, comes Michael S. Ferguson, Assistant District Attorney, Cumberland County, Pennsylvania, who respectfully avers the following: 1. On February 14, 2000, the Commonwealth filed a '~':\ ~ for'feitu~ , " ........, r....... petition on the above-captioned property. ;:~:' C) 2. On February 14, 2000, this Honorable Court granted the c,o - 'J = Commonwealth's request for a Temporary Restraining Order a~ <:::> gave the Commonwealth leave to file a Lis Pendens. 3. On February 15, 2000, a Lis Pendens was filed with the Prothonotary, of Cumberland County, Pennsylvania, against said property and its purported owners Robert W. Heck, Sr. and Anne E. Heck. 4. On February 17, 2000, the Commonwealth was contacted by Gary Lysaght, Esquire, who was retained to represent Mr. and Mrs. Heck in the pending action. . , -~ 5. Mr. Lysaght indicated that he did not oppose the Temporary Restraining Order being made permanent pending the outcome of the forfeiture petition, thus negating the need for a hearing previously scheduled for February 22, 2000, at 1:00 P.M. before this Honorable Court. WHEREFORE, the Commonwealth respectfully requests that the Temporary Restraining Order previously granted be made permanent pending the outcome of the forfeiture action. submitted, Michael S. Ferg on Assistant District Attorney COMMONWEALTH OF PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY LOCATED AT 2014 COLUMBIA AVENUE, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, AND DESCRIBED WITH PARTICULARITY AT DEED BOOK N 18, PAGE 525, RECORDER OF DEEDS, CUMBERLAND COUNTY, PENNSYLVANIA ~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-878 00-075 CIVIL MISCELLANEOUS NOTICE OF DISCONTINUANCE Pursuant to Pennsylvania Rule of Civil procedure 229, the Commonwealth, by and through Michael S. Ferguson, Assistant District Attorney of Cumberland County, Pennsylvania, respectfully requests that the above-captioned matter be discontinued and that any and all previously filed Lis Pendens and preliminary injunctions be vacated. Date: August 1, 2000 Michael S. Ferguson Assistant District Attorney Respectfully submitted, 1kf~ Assistant District Attorney James G. Morgan, Jr., Esquire Attorney for Mr. & Mrs. Robert W. Heck, Sr. Clerk of Courts Office of Prothonotary ~~ ,i I I I I I I I .~:;wJ.lI;. ~" i. - ...)liI...-....._. ~" ,-' ,',", .. """'""'''...; , ~, -'0 1'1"1 Z -7 ~:~ r:: ~1~ :<! ...... .... "I' I c.::' "~-" ,'J :.::.:;) (n .