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HomeMy WebLinkAbout01-0393 FXr AY• FRANCIS J. MARTINEZ, JR. ` and LYNN MARTINEZ, Plaintiffs vs. JAMES A. BALL, III, 6101 Westover Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. QI - ~ ~'J' ~-!~ CIVIL ACTION -EJECTMENT PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action in ejectment. This action concerns the land herein described: ALL THAT CERTAIN lot of parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 1752 Peyton Randolph Court, being Lot No. 30, as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, page 62, and as more particularly described on AS-Built Plan of Section III, Page 62, and as more particularly described and recorded in Plan Book 61, page 23, and more particularly described as follows: BEGINNING at a point, said point being located the following six courses and distances from Perimeter Coordinate 6 as shown on the AS-Built Plan referenced herein: (1) by a curve to the left having a radius of 351.97 feet an arc distance of 88.75 feet to a point at the intersection of Capital View Drive and the center line of Peyton Randolph Court: (2) along the center line of Peyton Randolph Court South 20 degrees 02 minutes 43 seconds East, a distance of 42.17 feet; (3) North 69 degrees 57 minutes 17 seconds East, a distance of 58.28 feet to the westernmost corner of Lot 27; (4) South 20 degrees 52 minutes 34 seconds West, a distance of 26.00 feet to a point on line of Lot 28: (5) South 69 degrees 52 minutes 34 seconds West, a distance of 4.0 feet; (6) South 20 degrees 07 minutes 26 seconds East, a distance of 44.0 feet to a point on the dividing line between Lot 29 and Lot 30, said point being the point and place of BEGINNING; thence continuing along the said dividing line and passing through the center line of a party wall between Unit 29 and Unit 30 North 69 degrees 52 minutes 34 seconds East, a distance of 32.0 feet to a point; thence South 20 degree 07 minutes 26 seconds East, a distance of 32.0 feet to a point; thence South 69 degrees 52 minutes 34 seconds West, a distance of 2.0 feet to a point on the dividing line between Lot 30 and Lot 31; thence continuing along said dividing line and passing through the center line of a party wall between Unit 30 and Unit 31 and beyond South 69 degrees 52 minutes 34 seconds West, a distance of 30.0 feet to a point; thence North 20 degrees 07 minutes 26 seconds West, a distance of 22.0 feet to a point on the dividing line between Lot 29 and Lot 30, said point being the point and place BEGINNING. Writ of Summons shall be issued and forwarded to Sheriff. CALDWELL & KEARNS O~_ Ja s L. Goldsmith s 3 1 North Front treet arrisburg, PA 1 Attorney LD No. 27115 (717)232-7661 /~ j~/ Counsel for Plaintiffs Date: ~ f Y~e~sus!m~:.~ne~:, - ~rv®n~ew~~us~ssa~=^~ :~:....~::ck+.vrwsyev ~6r ,. r~ W ~' ~~ ~ ~ c~ ~~ ~ ~~ n b :.li _:~ ~4. ,...~ `Y ,, ,~,.~ _. ~..- 6t. .. -.:,~~r,~....._ ~..--.. _ __ . kC . t FRANCIS J. MARTINEZ, JR. and LYNN MARTINEZ, Plaintiffs vs. JAMES A. BALL, III, 6101 Westover Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EJECTMENT WRIT TO THE SHERIFF OF CUMBERLAND COUNTY: You are directed to notify Defendant James A. Ball, III., who resides at 6101 Westover Drive, Mechanicsburg, Cumberland County, Plaintiffs Francis J. Martinez, Jr., and Lynn Martinez, have commenced an action of ej ectment with said Defendant and is required to defend. This action concerns the land herein described: ALL THAT CERTAIN lot of parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 1752 Peyton Randolph Court, being Lot No. 30, as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, page 62, and as more particularly described on AS-Built Plan of Section III, Page 62, and as more particularly described and recorded in Plan Book 61, page 23, and more particularly described as follows: BEGINNING at a point, said point being located the following six courses and distances from Perimeter Coordinate 6 as shown on the AS-Built Plan referenced herein: (1) by a curve to the left having a radius of 351.97 feet an arc distance of 88.75 feet to a point at the intersection of Capital View Drive and the center line of Peyton Randolph Court: (2) along the center line of Peyton Randolph Court South 20 degrees 02 minutes 43 seconds East, a distance of 42.17 feet; (3) North 69 degrees 57 minutes 17 seconds East, a distance of 58.28 feet to the westernmost corner of Lot 27; (4) South 20 degrees 52 minutes 34 seconds West, a distance of 26.00 feet to a point on line of Lot 28: (5) South 69 degrees 52 minutes 34 seconds West, a distance of 4.0 feet; (6) South 20 degrees 07 minutes 26 seconds East, a distance of 44.0 feet to a point on the dividing line between Lot 29 and Lot 30, said point being the point and place of BEGINNING; thence continuing along the said dividing line and passing through the center line of a party wall between Unit 29 and Unit 30 North 69 degrees 52 minutes 34 seconds East, a distance of 32.0 feet to a point; thence South 20 degree 07 minutes 26 seconds East, a distance of 32.0 feet to a point; thence South 69 degrees 52 minutes 34 seconds West, a distance of 2.0 feet to a point on the dividing line between Lot 30 and Lot 31; thence continuing along said dividing line and passing through the center line of a party wall between Unit 30 and Unit 31 and beyond South 69 degrees 52 minutes 34 seconds West, a distance of 30.0 feet to a point; thence North 20 degrees 07 minutes 26 seconds West, a distance of 22.0 feet to a point on the dividing line between Lot 29 and Lot 30, said point being the point . :>.. ,- h: ,. and place BEGINNING. If this land is in possession of anyone not a party, you are directed to notify him/her that he/she has been added as a Defendant and is required to defend this action. Date: ~n . %9 ate/ isi Guz-~ ~ ,~ Prothonotary, Civil Divis' BY:----~~ .~ Ot-49/20054 r FRANCIS J. MARTINEZ, JR. and LYNN MARTINEZ, Plaintiffs vs. JAMES A. BALL, III, 6101 Westover Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~I`37 CIVIL ACTION -EJECTMENT PRAECIPE FOR LIS PENDENS TO THE PROTHONOTARY OF SAID COURT: Please index the above-captioned action of ejectment as a ]is pendens against the following real property: ALL THAT CERTAIN lot of parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 1752 Peyton Randolph Court, being Lot No. 30, as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, page 62, and as more particularly described on AS-Built Plan of Section III, Page 62, and as more particularly described and recorded in Plan Book 61, page 23, and more particularly described as follows: BEGINNAG at a point, said point being located the following six courses and distances from Perimeter Coordinate 6 as shown on the AS-Built Plan referenced herein: (1) by a curve to the left having a radius of 351.97 feet an arc distance of 88.75 feet to a point at the intersection of Capital View Drive and the center line of Peyton Randolph Court: (2) along the center line of Peyton Randolph Court South 20 degrees 02 minutes 43 seconds East, a distance of 42.17 feet; (3) North 69 degrees 57 minutes 17 seconds East, a distance of 58.28 feet to the westernmost corner of Lot 27; (4) South 20 degrees 52 minutes 34 seconds West, a distance of 26.00 feet to a point on line of Lot 28: (5) South 69 degrees 52 minutes 34 seconds West, a distance of 4.0 feet; (6) South 20 degrees 07 minutes 26 seconds East, a distance of 44.0 feet to a point on the dividing line between Lot 29 and Lot 30, said point being the point and place of BEGINNING; thence continuing along the said dividing line and passing through the center line of a party wall between Unit 29 and Unit 30 North 69 degrees 52 minutes 34 seconds East, a distance of 32.0 feet to a point; thence South 20 degree 07 minutes 26 seconds East, a distance of 32.0 feet to a point; thence South 69 degrees 52 minutes 34 seconds West, a distance of 2.0 feet to a point on the dividing line between Lot 30 and Lot 31; thence continuing along said dividing line and passing through the center line of a party wall between Unit 30 and Unit 31 and beyond South 69 degrees 52 minutes 34 seconds West, a distance of 30.0 feet to a point; thence North 20 degrees 07 minutes 26 seconds West, a distance of 22.0 feet to a point on the dividing line between Lot 29 and Lot 30, said point being the point and place BEGINNING. '` ,~.. I hereby certify that this action affects title to or other interest in the above-described real property. CALDWELL & KEARNS mes .Goldsmith, u e 363 orth Front S eet rrisburg, PA 171 Attorney LD No. 27115 (717) 232-7661 Counsel for Plaintiffs Date: /~~p B { ~1L~TJ-L~ ~4~~ c~ r;=~ ~f~4~r;;`~;ur~v 01-JAN ! 9 P~ 3~ ;~9 CEiMt3~11V ~ ~~~~~ ~ " J ~ ~ 33 //.s' ~~ ia~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00393 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTINEZ FRANCIS J JR ET AL VS BALL JAMES A III DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT IN was served upon BALL JAMES A III DEFENDANT the at 0020:03 HOURS, on the 7th day of February 2001 at 6101 4VESTOVER DRIVE MECHANICSBURG, PA 17055 ALLEN BALL (ADULT BROTHER) by handing to a true and attested copy of NOTICE & COMPLAINT IN EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before me this ~,~ ~' day of ~o / A.D. rothonotary~~7 So Answers: ~~~~~~ R. Thomas Kline 02/08/2001 CALDWELL & KEARNS ~~,p~ By . `V Q~ ~ 1~-~~ Deputy Sheriff FRANCIS J. MARTINEZ, JR. and LYNN MARTINEZ, Plaintiffs vs. JAMES A. BALL, III, 6101 Westover Drive Mechanicsburg, PA 17055 Defendant TO THE PROTHONOTARY OF SAID COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-393 CIVIL ACTION -EJECTMENT PRAECIPE Please mark the above-captioned matter as satisfied and remove the lis pendens against the following real property: ALL THAT CERTAIN lot of parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 1752 Peyton Randolph Court, being Lot No. 30, as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, page 62, and as more particularly described on AS-Built Plan of Section III, Page 62, and as more particularly described and recorded in Plan Book 61, page 23, and more particularly described as follows: BEGINNING at a point, said point being located the following six courses and distances from Perimeter Coordinate 6 as shown on the AS-Built Plan referenced herein: (1) by a curve to the left having a radius of 351.97 feet an arc distance of 88.75 feet to a point at the intersection of Capital View Drive and the center line of Peyton Randolph Court: (2) along the center line of Peyton Randolph Court South 20 degrees 02 minutes 43 seconds East, a distance of 42.17 feet; (3) North 69 degrees 57 minutes 17 seconds East, a distance of 58.28 feet to the westernmost corner of Lot 27; (4) South 20 degrees 52 minutes 34 seconds West, a distance of 26.00 feet to a point on line of Lot 28: (5) South 69 degrees 52 minutes 34 seconds West, a distance of 4.0 feet; (6) South 20 degrees 07 minutes 26 seconds East, a distance of 44.0 feet to a point on the dividing line between Lot 29 and Lot 3Q said point being the point and place of BEGINNING; thence continuing along the said dividing line and passing through the center line of a party wall between Unit 29 and Unit 30 North 69 degrees 52 minutes 34 seconds East, a distance of 32.0 feet to a point; thence South 20 degree 07 minutes 26 seconds East, a distance of 32.0 feet to a point; thence South 69 degrees 52 minutes 34 seconds West, a distance of 2.0 feet to a point on the dividing line between Lot 30 and Lot 31; thence continuing along said dividing line and passing through the center line of a party wall between Unit 30 and Unit 31 and beyond South 69 degrees 52 minutes 34 seconds West, a distance of 30.0 feet to a point; thence North 20 degrees 07 minutes 26 seconds West, a distance of 22.0 feet to a point on the dividing line between Lot 29 and Lot 30, said point being the point and place BEGINNING. CALDWELL & KEARNS i~~ G/7 i .Goldsmith, Esquire 631 North Front Street Harrisburg, PA 17110 Attorney LD No. 27115 (717)232-7661 Counsel for Plaintiffs Date: ,'J~ ~b l CERTIFICATE OF SERVICE AND NOW, this Lday of /~Z/,r/rl~ , 2001, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: James A. Ball, III. 6101 Westover Drive Mechanicsburg, PA 17055 CALDWELL & KEARNS BY~~./iJ~ O]-49/21623