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HomeMy WebLinkAbout12-5816COMMONWEALTH OF PENNSYLVANIA V. ALL THAT CERTAIN REAL PROPERTY: LOCATED AT 732, BELLE VISTA, DRIVE, EAST PENSBORO TOWN- SHIP, CUMBERLA~i'D COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTTCULA$iIITY UNDER UNDER INSTRUMENT N0. 201017417: RECORDER OF DE~DS, CUMBERLAND COUNTY, PENNSY$~VANIA, PARCEL NUMBERS 09-11-006-014 AND 09-11-3006-032 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,~ c r., ~ . _ P~-) -'S ~-rp ~.,~ r~~ ~~ ~ ~~;. ~ ~ ct~ ~-•- ° ~` -t -~' - .f ~„' ~ n NO. 12- S~ 14~ CIVIL PRAECIPE TO INDEX LIS PENDENS TO THE PROTHONG~TARY Kindly index Lis Pendens in the above-captioned matter against Tri Huu Trinh, 732 Belle Vista Drive, East Pennsbbro Township, Cumberland County, Pennsylvania, as more particularly described in tlhe attached Notice of Lis Pendens. Date: September 18, 2012 Matthew P. Smith Chief Deputy District Attorney COMMONWEALTH ~F PENNSYLVANIA V. . ALL THAT CERTAIN REAL PROPERTY: LOCATED AT 732', ',BELLE VISTA, DRIVE, EAST PE SBORO TOWN- SHIP, CUMBER COUNTY, PENNSYLVANIA, DESCRIBED WITH PARTICULARITY UNDER UNDER INSTRUM T NO. 201017417: RECORDER OF DE'DS, CUMBERLAND COUNTY, PENNSYLVANIA, PARCEL NUMBERS 09-11-006-014 AND 09-11-3006-032 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12- 5 fi'~ CIVIL NOTICE OF LIS PENDENS - PA~.2CELS 09-11-3006-014 AND 09-11-3006-032 ~~ ` -~ ~ .~:~ rn ~~ ~ ~ C~ fi*'c rt•~.....: ' ~' ~' ~ ~- ~r te - °° ~, ~ ' ` - ~ r ~~ -~ x ~~ ~_ --~ .~" ~' . -t o ~ NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in the Cumberland County Court of Common Pleas, at CP-21-MD-780-2p12, on the Commonwealth's Petition for Forfeiture against the reel property under the name of Tri Huu Trinh, at 732 Belle Vista Drive, East Pennsboro Township, Cumberland County, Pennsylvania, ~'arcels 09-11-3006-014 and 09-11-3006-032. A copy of said Petition is attached hereto and marked as Exhibit "A". The purpose of 'said action is to preserve the availability of the real property ~o satisfy an anticipated forfeiture order in a criminal case. The real property is more particularly described as follows: TRACT NO. 1 ALL THAT CERTAIN tract of land with improvements thereon situate in East Pennsbc~~ro Township, Cumberland County, Pennsylvania, more particularly bc~~nded and described as follows, to wit: BEGINNING at a point on the northern right of way line o~ Belle Vista Drive at' the dividing line of Lot No. 10 and Lot NcD. 11 as shown on the flinal subdivision plan for Arthur R. Zimmor]~i, recorded in P1'an Book 39, Page 14; thence by the northern right of way line of','Belle Vista Drive, South 59 degrees 46 minutes 32 seconds West 104.29 feet to a point; thence by same North 35 degrees 14 minutes 18 seconds Weat 66.36 feet to a point 'on lands now or formerly of Richard G. Moyer; thence by the easte~Tn line of aforesaid lends North 43 degrees 05 minutes 02 seconds West 322.46 feet toga point on the southern line of Lot No. 12 as shown on the move mentioned Plan; thence by aforesaid line North 62 degrees 30 }ninutes 00 seconds East 167.03 feet to a pc}int on the western line of Lot No. 10 as shown on the above mentioned Plan; thence bar aforesaid line South 32 degrees 31 minutes 57 seconds East 3 2.84 feet to a point being the place of Beginning. TRACT NO. 2 ALL THAT CERTAIN lot or tract of land situate in East Penlnsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a, point in an old woods road which place of beginning is on the eastern line of lands now or formerly of Elwood Oliver;',thence North 6 degrees 15 minutes West for! a distance of 19.2 feet by the eastern line of lands now o~x formerly of Elwood Oliver to a post; thence North 41 degrlees 45 minutes East 2~0 feet by lands now or formerly of Vincent F. Salerno to a p plar tree; thence South 36 degrees 30 minutes East by lands of sa~i~ 274 feet to an iron pipe; thence by land's now or formerly of Munich South 58 .degrees West, 191 feet to an',iron pipe; thence SQ~uth 69 degrees 45 minutes West 137 feet to'the point and plac$ of Beginning. All inquiries should be directed to the undersigned. Date: Septemb$r 18, 2012 Ma thew P. Smith Chief Deputy District Attorney COMMONWEALTH OF PENNSYLVANIA V. ALL THAT CERTAf~T REAL PROPERTY: LOCATED AT 732 ', BELLE VISTA, DRIVE, EAST PEI~TSBORO TOWN- SHIP, CUMBERLAI~TTD COUNTY, . PENNSYLVANIA, ESCRIBED WITH PARTIC xTY UNDER UNDER INSTRUMEI~"I' NO . 2 01017 417 RECORDER OF DE S, CUMBERLAND . COUNTY, PENNSYANIA, PARCEL NUMBERS 09-11-006-014 AND 09-11-3006-032 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-MD-780-2012 PETITION FOR FORFEITURE AND NOW, c~pmes Matthew P. Smith, Chief Deputy District Attorney of Cumberland County, Pennsylvania, who respectfully avers as follov~s : ~^~; 1. On oar about April 23, 2012, at approximatelyi5$O~y hours, a search warrant was executed at 732 Belle Vist~D~i~, East Pennsboro,'~ownship, Cumberland County, Pennsylvania ~s a t..,,J result of an or~$oing investigation into violations of~~he ~ Controlled Substance, Drug, Device and Cosmetic Act, 35 P~.C.S.A. § 780-101 et seq. 2. In multiple rooms of the residence, officers located grow setups, to include several hundred live plants, alone with hydroponic watering systems, ventilation systems and grow lights. Said plants werie being grown and/or harvested/dried in various rooms of said ri,esidence. Also discovered were plastic bags X h ~ b~~~ ~ containing buds from the marijuana plants, and other paraphernalia used to grow, manufacture, package and/or sell Marijuana, a Schedule I Controlled Substance. 3. To tlhe best knowledge of Petitioner, Tri Huu Trinh is the sole owner of 732 Belle Vista Drive, East. Pennsboro Township, Cumberland County, Pennsylvania, Parcel Numbers 09-11-3006-014 and 09-11-3006032, recorded by deed on June 18, 2010, Instrument Number 201017417, by the Cumberland County Recorder of Deeds. 4. The property, 732 Belle Vista Drive, East Pennsbpro Township, Cumberland County, Pennsylvania, was used or intended to be used to facilitate the concealment of, possession off, processing of, and/or distribution of the said controlled substance. 5. Said property is therefore subject to forfeiture pursuant to 42 Pa.C.S.A. § 6801 (a) (6) (i) (C) . WHEREFORE,' the Commonwealth respectfully requests this Honorable Court to enter an Order forfeiting said property to the Commonwealth of, Pennsylvania through the District Attorney s Office, according to law, unless cause to the contrary be shown. Respectfully submitted, Mat hew P: mith Chief Deputy District Attorney COMMONWEALTH OF PENNSYLVANIA ) SS.. COUNTY OF CUMB1~l~.LAND ) Matthew P.' Smith, Chief Deputy District Attorney of Cumberland County, Pennsylvania, being duly sworn according to law, deposes ar~d says that the facts set forth in the forgoing Petition are true and correct to the best of his knowledge, information and belief . Matthew P. Smith Chief Deputy District Attorney Sworn to and su#ascribed before me this -~-~-1 day f~f September, 2012. Sonia E.11~iyexs, Notary Public Carlisle Born, Cumberland County MY commission expiees iuly 31, 2016