HomeMy WebLinkAbout99-06526
No. -99- 6s74 Ciell Term
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Court of common Pleas
Cumb. Co.
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COMMONWEALTH OF PENNSYLVANIA
V.
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 409 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 411 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6526 CIVIL TERM
99-0447 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 October 27, 1999.
Additionally, a Temporary Restraining order has been issued by
the Honorable Kevin A. Hess so that you may not encumber the
above-captioned property until a hearing on the Temporary
Restraining order has been held.
Michael S. Ferg son
Assistant District Attorney
Guy W. Burford, Respondent/Claimant
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COMMONWEALTH OF PENNSYLVANIA
V.
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 409 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 411 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 1691:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99- 6s24' (301•C
99-447 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 Process for Seizure and 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 October 27, 1999.
Such documents are marked as Exhibit A.
The defendant property which is the subject of this action
is described as follows: (See attached copy of Deed).
Date : I[/C4-fR -Co
r^)Z???? Michael S. Fer uson
Assistant District Attorney
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David B. Ward, PC -1 1
TI-nS DEED is made on June 10, 1997
BHTWEEN
This Deed was prepared by:
(print or type signer's n:une below
signature)
Dixie Lee Piper Dixie Lee Piper as Attorney In Fact for Carroll 1-1.111per,
married, and Dixie Lee Piper as Attorney In Fact for R. Elizabeth Elliott AKA
Ruth Elizabeth Elliott, Life Tenant for premises located at 409 North Baltimore
Avenue, Mount Holly Springs, Pennsylvania 17065 whose address is PO Box 5,
Poland, Maine 04273
referred to as Grantor,
-and-
Guy W. Burford, unmarried, whose address is 411 North Baltimore Avenue,
Mount Holly Springs, Pennsylvania 17065
referred to as Grnntec,
The words "Grantor" and "Grantee" shall mean all Grantors inch all
Grantees listed above.
WITNI:SSETH, that in consideration of the sum of $81,900.00 (Eighty One
Thousand Nine Hundred Dollars) the Grantor grants and conveys the following
described tract of land to the Grantee, and Grantor acknowledges receipt of said
Will of money.The receipt of which is hereby acknowledged do remise, release
anti quitclaim unto the said Grantee..
Tax Map Reference: Borough of Mount Holly Springs, County of
Cumberland in the Commonwealth of Pennsylvania.
Tax Map or Parcel IDN -Tract One -23.32.2336-061
Tax Map or Parcel 1D#-'t'ract Two-23.32.2336.062
? No property tax identification is available on the date of this decd. (Check
box if applicable)
TRACT ONE
ALL that certain tract of land with the improvements thereon erected situate in
the Borough of Mount Holly Springs, Cumberland County, Pennsylvania,
bounded and described as follows:
On the 1?ast by the Carlisle-I-lanover'Turnpike Road, known as Baltimore
Avenue; on the South by land now or formerly of Daniel March; Oil the West
by a public alley 20 feet wide; and on the North by land formerly of J. Lynn
8'6ux 159 PAGE ip
Deed
Exhibit A
Elliott and Marie G. Elliott, his wife, and conveyed to Dixie Lee Piper, Grantor
herein.
HAVING a frontage of 25 feet, more or less, on Baltimore Avenue and
extending 180 feet in depth, and being improved with a dwelling house known
as 409 North Baltimore Avenue.
THE Northern line of the tract above described shall pass through the center of
the partition wall dividing the house on said tract and the house on the tract
formerly of J. Lynn Elliott and Marie C. Elliott, his wife conveyed to Dixie Lee
Piper, Grantor herein.
TOGETHER with the right and privilege in the Grantor, her heirs and assigns,
to secure water from the water main entering the basement of the premises
formerly of J. Lynn Elliott and Marie C. Elliott, his wife.
BEING the same property conveyed to Dixie Lee Piper, by R. Elizabeth Elliott,
by deed dated October 27, 1987 and recorded in the Office of the Recorder of
Deeds for Cumberland County in Deed Boole Vol. A33, Page 343.
EXCEPTING AND RESERVING, however to R. Elizabeth Elliott, single
woman, without liability for waste, for the term of her natural life, so long as
she desires to use such premises and pay all costs of maintenance thereof,
including taxes, assessments, insurance and ordinary repairs, a life estate in the
above described property. Said Grantor herein, Dixie Lee Piper, his a Power of
Attorney for R. Elizabeth Elliott, to convey premises located at 409 North
Baltimore Avenue, due to this life tenancy held by the abovemcntioncd R.
Elizabeth Elliott.
TRACT TWO
ALL that certain tract of land with the improvements thereon erected, situate in
the Borough of Mount Holly Springs, Cumberland County, Pennsylvania,
bounded and described as follows:
On the East by the Cnrlisle•E-Ianover Turnpike Road, known as Baltimore
Avenue; on the North by land now or formerly of Theodore Shover; on the
West by a public alley of 20 feet wide; and on the South by land now or
formerly of R. Elizabeth Elliott.
HAVING a frontage of 25 feet, more or less, on Baltimore Avenue and
extending 180 feet in depth; and being improved with a dwelling house known
as 411 North Baltimore Avenue.
THE Southern line of the tract above described shall pass through the center of
the partition wall dividing the house on said tract and the house on the tract
no%%, or formerly of R. Elizabeth Elliott.
SUBJECT, however, to the rights and privileges of R. Elizabeth Elliott, her heirs
and assigns, to secure water from the water main entering the basement of the
premises above described.
BEING the same property which was conveyed to Dixie Lee Piper, Grantor
herein, by deed dated November 10, 1987, and recorded in the Office of the
Recorder of Deeds for Cumberland County in Deed Book Vol. A33, Page 820.
Said property was conveyed as part of the Estate Proceedings for J. Lytut Elliott,
who died on September 24, 1987, and by his Last Will and Testament duly
probated in the Office of the Register of Wills for Cumberland County in Will
Book 104, Page 955, appointed Dixie Lee Piper Executrix of his estate, to whom
letters testamentary were duly issued.
PROMISES BY THE GRANTOR. The Grantor promises that the Grantor
has done no act to encumber the property. This promise is called a "covenant as
00ax 159 racl 170
to grantor acts" This promise means that the Grantor has not allowed anyone
?. n else to obtain any legal rights which affect the property(such as by malting a
mortgage or allowing a judgment to be entered against the Grantor.)
NOTICE- this document may not/does not sell, convey, transfer, include or
insure that the title to the coal and right of support underneath the surface land
described or referred to herein, and the owner or owners of such coal may have/
have the complete legal right to remove all of such coal and, in that connection,
damage ntay result to the surface of land and any house, building or other
structure on or in such land. The inclusion of this notice does not enlarge,
restrict or modify any legal rights or estates otherwise created, transferred,
excepted or reserved by this instrument. (This notice is set forth in the manner
provided in Section I of the Act of July 17, 1957, P.L. 984, as amended, and is
not intended as notice of unrecorded instruments, if any.
staid Grantor
Witness the hand and seal of
Witness:
. I---
as A rn in Pact for
as Attorn m Fact for /?n'
R. Elizabeth Elliott AKARuth
Elizabeth Elliott
NOTICE the undersigned , as evidenced by the signature(s) to this notice and
acceptance and recording of this deed, (is, are) fully cognizant of the fact that the
undersigned may not be obtaining the right of protection against subsidence as
to the property herein conveyed, resulting from coal mining operations and that
the purchased property herein conveyed, may be protected from damage, due to
mine subsidence by a private contract with the owners of the economic interest
in the coal. This notice is inserted herein to comply with the Bituminous Mine
Subsidence and Land Conservation Act of 1966, AS AMENDED 1980, Oct. 10,
P. L. 874, No. )56 Sea 1.
SIGNATURES. The Grantor signs this decd as of the date at the top of the
first page.
Witnessed by:
For R. Elizabeth Ellio
Ruth Elizabeth Elliott
Food 159 rACE 171
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF
CUMBERLAND SS:
I CERTIFY that on the 10th day, month of June, 1997, before me, a Notary
Public in and for the State and County aforesaid, the undersigned officer,
personally appeared Dixie Lee Piper ,Dixie Lee Piper as Attorney in Fact for
Carroll H. Piper and Dixie Lee Piper as Attorney in Fact for R. Elizabeth Elliott
AKA Ruth Elizabeth Elliott, known to me (satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged
that she executed the same for the purposes therein contnincd.
IN WITNESS WHEREOF, I have hereunto set illy hnntl and official zeal.
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Print name and title be(o si natur
-9Ci%)ite L C&, le AV
DEED Dated: June 10, 1997
Record and return to:
Dixie Lee Piper and Dixie Lee Piper as Attorney David D. Wand, PC
in Pact for Carroll H. Piper, married and Dixie
Lee Piper as Attorney in Pact for R. Elizabeth 95 West Main Street. Suite 5
Elliott AKA Ruth Elizabeth Elliot Chester, NJ 07930
Grantur,
.1.0
Guy W. Burford, unmarried
Grantee.
State of PennsyylIvania
Court ly of Cumberland] 88
Recorded In the Office for the recording of Deeds
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COMMONWEALTH OF PENNSYLVANIA :
V.
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 409 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 411 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
9?-Ls?2 (. `fOLt
99-t4q MISCELLANEOUS
PRAECIPE FOR INDEXING AS LIS PENDENS
TO THE PROTHONOTARY:
Kindly index the above action as a Lis Pendens against the
following properties: 409 North Baltimore Avenue, Borough of
Mt. Holly Springs, Cumberland County, Pennsylvania, and 411
North Baltimore Avenue, Borough of Mt. Holly Springs, Cumberland
County, Pennsylvania, along with all of their improvements,
appurtenances, buildings and structures described as follows in
Deed Book PO 159, Page 169, Recorder of Deeds Office, Cumberland
County, Pennsylvania, and against Guy W. Burford.
Date: /Z•?/?el -lt ,6I
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/ Michael S. Fe guson
Assistant District Attorney
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COMMONWEALTH OF PENNSYLVANIA
V.
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 409 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 411 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6526 CIVIL TERM
99-0447 MISCELLANEOUS
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
Before me, the undersigned officer, personally appeared
Deputy Sheriff Daniel Peiper of the Cumberland County Sheriff's
Department, who being duly sworn according to law, deposes and
says that he served a true and correct copy of the Rule to Show
Cause/Petition for Forfeiture; a copy of a Motion for Temporary
Restraining order and accompanying order of Court; a copy of a
Praecipe for Indexing as Lis Pendens; a copy of the Lie Pendens;
and a copy of a Notice of Lis Pendens and Temporary Restraining
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Order in the above-captioned matter on Guy W. Burford by handing
said documents to Guy W. Burford at C2:AO p.m. on Thursday,
October 28, 1999.
c?
Daniel Peiper
Subscribed and sworn to before me
this ,'f "bay of October, 1999.
A
Notary
NOTARIAL SEAL
E. STIVER, NOTARY
CARLISLEIBORO, CUMBERLANDPCOUNTY. PA
MY COMMISSION EXPIRES JULY 31.2OW
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COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 409 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK.PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND
COUNTY, PENNSYLVANIA
ALL THAT CERTAIN REAL
PROPERTY LOCATED AT 411 NORTH
BALTIMORE AVENUE, BOROUGH OF
MT. HOLLY SPRINGS, CUMBERLAND
COUNTY, PENNSYLVANIA, AND
DESCRIBED WITH PARTICULARITY
AT DEED BOOK PO 159, PAGE 169,:
RECORDER OF DEEDS, CUMBERLAND 99-6526 CIVIL TERM
COUNTY, PENNSYLVANIA 99-447 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
y;-'.
discontinued and that any and all previously ordered preliminary
injunctions be vacated.
Respectfully submitted,
G?
Mic ael S. erg on
Assistant District Attorney
Michael S. Ferguson
Assistant District Attorney
Clerk of Courts
office of Prothonotary
Guy W. Burford
Ameriquest Mortgage Company
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PYS510 Cumberland County Prothonotary's Office Page ]
Civil Case Inquiry
1999-06526 PENNSYLVANIA COMMONWEALTH OF (vs) BURFORD GUY W
Reference No..: Filed........: 10/27/1999
Cane T ppa.....: I.IS PENDENS Time....... 4:27
Jud monl:...... : .00 Execution Date 0/00/0000
Jude Assigned: Jury Trial....
Disposed Desc.: DISCONTINUED Disposed Date. 1/25/2000
------------ Case Comments ---- ?+r------ Higher Crt 1.:
Higher Crt 2.:
General Index Attorney Info
PENNSYLVANIA COMMONWEALTH OF PLAINTIFF FERGUSON MICHAEL S
BURFORD GUY W DEFENDANT
Judgment Index Amount Date Desc
BURFORD GUY W 10/27/1999 LIS PENDENS
BURFORD GUY W 1/25/2000 DISCONTINUED
* Date Entries
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
10/27/0099 PRAECIPF. FOR LIS PENDENS AND LIS PENDENS ENTERED
ALL THAT CERTAIN REAL PROPERTY LOCATED AT 409 NORTH BALTIMORE
AVENUE BOROUGH OF MT HOLLY SPRINGS
ALL THAT CERTAIN REAL PROPERTY LOCATED AT 411 NORTH BALTIMORE
AVENUE BOROUGH OF MT HOLLY SPRINGS
DESCRIBED WITH PARTICULARITY AT DEED BOOK PO 159 PAGE 169 RECORDER
OF DEEDS CUMBERLAND COUNTY PENNSYLVANIA
-------------------------------------------------------------------
10/28/0099 AFFIDAVIT OF SERVICE
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1/25/2000 NOTICE OF. DISCONTINUANCE BY MICHAEL S FERGUSON ESQ
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
• End of Case Information