HomeMy WebLinkAbout04-0899 IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
Civil Action -
JOSEPH T. EHMANN
83 Micnan Drive
Middletown, PA 17057
versus
.'
;
Plaintiff(s) &
Address(es)
2004/~ g~
(X) Law
( ) Equity
KATHY A. GIANTOMENICO
411 Newport Road
Duncannon, PA 17020
Defendant(s) &
Address(es)
PRAECIPE FOR WRIT OF SUMMONS IN ASSUMPSIT AND IN TRESPASS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the
Writ of Summons shall be issued
Jordan D, Cunningham, Esquire
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
717-238-6570
Names/Address/Telephone No.
of Attorney
ai°ve'capt~
/Supreme l~ourt ID No. 23144
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE
COMMENCED AN ACTION AGAINST YOU.
Prothonotary
Depu~ '~
( ) Check here if reverse is issued for additional information
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH T. EHMANN, SR.
Plaintiff
V.
KATHY A. GIANTOMENICO
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please index the above-captoined matter in Assumpsit and Trespass as a lis pendens
against the property known and numbered as 583 Grahams Woods Road, Carlisle, PA 17013, as
is more particularly described in Deed Book 253, Page 3581 and by the legal description
attached hereto and marked as Exhibit "A." I hereby certify that this action affects title to or
other interest in the above-described real property.
Respectfully submitted,
Cy:UNN~COFF, P.C.
~6~r dan~. Cunningham, Esquire
r I.D. ~23144
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Exhibit A
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 6 OF THE
HOBBYHORSE ACRES SUBDIVISON PREPARED BY DOUGLAS S. BRF_..I-IM, R.S. DATED JULY
23, 1989, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 60, PAGE 20 AND MORE
FULLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF 50
FOOT WIDE GRAHAMS WOOD ROAD (T-A48) AT THE DIVIDING LINE BETWEEN LOTS 1
AND 6 ON THE ABOVE-MENTIONED SUBDMSION PLAN; THENCE ALONG SAID DIVIDING
LINE NORTH 88 DEGREES 37 MINLrI~S 45 SECONDS EAST 500.00 FEET TO A POINT;
THENCE ALONG SAME SOUTH 01 DEGREE 22 MINUTI/S 15 SECONDS EAST 320.00 FEET TO
A POINT; THENCE ALONG THE DMDING LINE BETWEEN LOTS 6 AND 11 ON SAID PLAN
NORTH 62 DEGREES 58 MINLrI~S 05 SECONDS WEST 357.60 FEET TO A POINT; THENCE
ALONG SAME SOUTH 88 DEGREES 37 MINUTES 45 SECONDS WEST 180.00 FEET TO A POINT
ON THE EASTERN DEDICATED RIGHT-OF-WAY OF GRAHAMS WOOD ROAD; THENCE
ALONG SAID RIGHT-OF-WAY NORTH 03 DEGREES 27 MINU'rES 03 SECONDS WEST 150.00
FEET TO A POINT, THE PLACE OF BEGINNING. CONTAINING 101,295.32 SQUARE FEET.
UNDER AND SUBJECT TO THE FOLLOWING BUILDING AND USE RESTRICTIONS:
1. NO BUILDING OR ANY PROJECTION THEREOF SHALL BE ERECTED OR
MAINTAINED WITHTN TEN (10) FEET OF ANY SIDE OR REAR PROPERTY LINE.
2. NO. TRAILER, MOBILE HOME OR SIMILAR STRUCTURE MAY BE LOCATED ON
ANY LOT, TEMPORARILY OR PERMANENTLY, FOR ANY USE WHATSOVER.
3. NO ADVERTISING OR DISPLAY SIGNS SHALL BE ERECTED OR MAINTAINED ON
ANY LOT OTHER THAN THE CUSTOMARY "FOR RENT" AND "FOR SALE" SIGNS WHEN THE
SAME PERTAIN SOLEY TO THE PREMISES ON WHICH THeY ARE LOCATED.
4. NOTHING SHALL BE DONE ON ANY LOT WHICH IS OR MAY BECOME AN
ANNOYANCE OR NUISANCE TO THE NEIGFIBORHOOD. 5. NO LOT SHALL BE RESUBDIVIDED.
6. NO UNLICENSED VEHICLE SHALL BE PERMii-t'i:D ON ANY LOT AT ANY TIME,
UNLESS TH~ SAME IS STORED INSIDE A GARAGE USED IN CONJUNCTION WITH THE
PRINCIPAL RESIDENCE ERECTED ON SAID LOT, NO RECREATIONAL VEHICLES SHALL BE
PERMITIk2) TO BE PARKED, TEMPORARILY OR PERMANANTLY, ON ANY STREET OR
ROAD.
7. NO ONE-STORY RESIDENCE SHALL BE ERECTED WHICH CONTAINS LESS THAN
1,100 SQUARE FEET OF LIVING AREA.
ANY ONE-STORY RESIDENCE SHALL HAVE ATTACHED THERETO A TWO-CAR GARAGE.
8. NO TWO-STORY RESIDENCE SHALL BE ERECTED WHICH CONTAINS LESS THAN
1,500 SQUARE FEET OF LIVING AREA. ANY TWO-STORY RESIDENCE SHALL HAVE
ATrACI-IED TI-IERETO A TWO-CAR GARAGE.
9~ NO MORE THAN ONE (1) SINGLE-FAMILY PRIVATE DWELLING HOUSE,
TOGETHER WITH GARAGE AND ACCESSORY STRUCTURES, SHALL BE ERECTED ON ANY
LOT.
BEING KNOW AS 583 GRAHAMS WOODS ROAD A/Y./A GRAHAMS WOOD ROAD,
CARLISLE, PA 17013.
PROPERTY TAX PARCEL NO.: 43-05-0419-028.
253,
SHERIFF'S
CASE NO: 2004-00899 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EHMANN JOSEPH T SR
VS
GIANTOMENICO KATHY A
RETURN
- OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
GIANTOMENICO KATHY A
but was unable to locate Her
deputized the sheriff of PERRY
serve the within WRIT OF SUMMONS
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
in his bailiwick.
He therefore
County, Pennsylvania, to
AND PRAECIPE FOR LIS PENDENS
On March 10th , 2004 , this office was in receipt of
attached return from PERRY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Perry County 42.50
.00
79.50
So answers:
R~. i~/omas Kline
Sheriff of Cu~lberland County
03/10/2004
CUAYNING~ & CHERNICOFF
Sworn and subscribed to before me
this /.~ day of -~
~6vD 9' A.D.
-- 'Prothonotary ,
the
~a The Court of Common Pleas of Cumberland County, Pennsylvania
Joseph T. Ehmann
VS.
Kathy A. Giantamenico
SERVE: s~e
No. 04-899 civil
]~OW, March 3, 2004
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
]Now,
within
upon
at 411
March 8, ,20 04 ,at 4:17 o'clock P M. servedthe
Writ of Summons and Praecipe for Lis Pendens
Kathy A. Giantomenico
Newport Rd. Duncannon, PA 17020
by handing to Kathy A. Giantomenico
a
True & Attested
and made known to
Her
copy of the original_ Writ ofSummons &
Praecipe for Lis Pendens
the contents thereof.
So answers,
Aaron D. Richards
Deputy Sheriffof Perry County, PA
Sworn and subscribed before
me thisqdq da>, o£ff/a~C,fi
~01~1~ ~
COSTS
SERVICE
MILEAGE
AFFIDAVIT