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HomeMy WebLinkAbout13-2459 Supreme Co o' , ennsylvania COUr 'Co" 'mnro Pleas For Prothonotary Use Only: Tj t _ it �C. veh I try . �*-�� Docket No: _ ST rland' COUllt3' lIlp /3 - a yS The information collected on this form is used solely for court administration purposes. This fibrin does not supplement or replace thefiling and service of leadings or other 1gapers as required by law or rules of court. Commencement of Action: S El Complaint El Writ of Summons �C Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Kathleen E. Motter, John O. Gossert, IV, Glenn M. Goss John O. Gossert, III and Sandra E. Gossert T Dollar Amount Requested: ©within arbitration limits I Are money damages requested? Yes 0 No (check one) Ix outside arbitration limits O N Is this a Class Action Suit? 0 Yes R, No Is this an MDJAppeal? El Yes 23 No A Name of Plaintiff /Appellant's Attorney: David A. Baric, Esquire Check here if you have no attorney (are a Self- .Represented (Pro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies hl Malicious Prosecution 0 Debt Collection: Credit Card r1l Board of Assessment L Motor Vehicle ❑ Debt Collection: Other 0 Board of Elections Ca Nuisance 3 Dept. of Transportation Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include MD E mass tort) Employment Dispute: C3 Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other E3 Zoning Board T [3 Other: I Other: O MASS TORT E Asbestos N 0 Tobacco 0 Toxic Tort - DES 1 -] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 171 Ejectment 0 Common Law /Statutory Arbitration B M Eminent Domain /Condemnation 0 Declaratory Judgment MLJ Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute © Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto E Dental 0 Partition 0 Replevin _1 Legal 0 Quiet Title © Other: -1 Medical 7 Other: Other Professional: writ of summons and lis pendens Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Kathleen E. Motter, John O. Gossert, IV and Glenn M. Gossert VS. Case No. _ 13- ofS�' Civil Term Civil Action Law Defendant(s) & Address(es) John O. Gossert, III and Sandra E. Gossert C= ..,.I rn rn Xbw € f Cn t PRAECIPE FOR WRIT OF SUMMONS -<:; C4 r' Caw TO THE PROTHONOTARY /CLERK OF SAID COURT: x CID Issue summons in the above case "� Cil • ; Writ of Summons shall be issued and forwarded <At rn heri rc choice Date: May 3, 2013 Signature of Attorney Print Name: David A. Baric, Esquire Address: 19 West South Street Carlisle, Pennsylvania 17013 Telephone #: (717) 249 -6873 .Supreme Court ID Number: 44853 WRIT OF SUMMONS TO: John Gossert, III an Sandra Gossert YOU ARE N0TIFiED'TT� -I,kT THE ABOVE -NAMED PLAINTIFF(S) HASMAVE COMMENCED AN ACTION A(AINST, Y9U. - `Z "� bpV3-b b7BUEU_ �` ' '` -" P thonotary /Cle Division Dato: ;E A by i KATHLEEN E. MOTTER, IN THE COURT OF COMMON PLEAS OF JOHN O. GOSSERT, IV CUMBERLAND COUNTY, PENNSYLVANIA and GLENN M. GOSSERT, ; Plaintiffs NO. /,7 ';� of CIVIL TERM V. CIVIL ACTION -LAW JOHN O. GOSSERT, III and SANDRA E. GOSSERT, ; Defendants PRAECIPE FOR LIS PE DENS TO THE PROTHONOTARY: Please index the above action as a Lis Pendens against the following real property: ALL of the following described real estate lying and being situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in Township Road Route 305 known as Mud Level Road at corner of lands now for formerly of Phares W. and Anna M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along same North 50 degrees 1 minute 18 seconds East 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 feet to a set railroad spike at corner of Township Road Route 305 and land now or formerly of Glenn O. Fogelsanger; thence along same South 10 degrees 8 minutes 9 seconds West 1419.64 feet to a set iron pin; thence along same South 39 degrees 13 minutes 52 seconds West 102.84 feet to a set iron pin; thence along same South 53 degrees 11 minutes 47 seconds West 155.04 feet to a set iron pin; thence along same South 82 degrees 44 minutes 57 seconds West 125.76 feet to a set iron pin; thence along same North 71 degrees 26 minutes 15 seconds West 95.75 feet to a set concrete monument at corner of land now of formerly of Glenn O. Fogelsanger and land now or formerly of Phares W. and Anna M. Nolt; thence along land now or formerly of Phares W. and Anna M. Nolt North 18 degrees 33 minutes 45 seconds East 54.84 to a set iron pin; thence along same North 56 degrees 00 minutes 10 seconds West 839.52 feet to the point and place of BEGINNING. UNDER AND SUBJECT to existing covenants, agreements, conditions, easement, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above described premises. BEING designated as Lot No. 3 and containing 24.3374 acres more or less as shown on survey prepared by John R. Kissinger dated December 16, 1994, recorded in Cumberland County Plan Book 69, Page 108. BEING the remaining portion of the premises conveyed by The Estate of Glenn O. Fogelsanger by Sandra E. Gossert, Executrix, by deed dated July 3, 2002, recorded in Cumberland County Pennsylvania Deed Book 252, Page 2711, granted and conveyed to Sandra E. Gossert, individually. I hereby certify that this action affects the title to or other interest in the above - described real property. Respectfully submitted, C SCHE R LLC v David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 - cs ,., (717) 249 -6873 c =' -U w --� r"'M 3 Attorney for Plaintiffs > C4 �� =� y 190-11 KATHLEEN E. MOTTER, IN THE COURT OF COMMON PLEAS OF JOHN O. GOSSERT, IV CUMBERLAND COUNTY, PENNSYLVANIA and GLENN M. GOSSERT, Plaintiffs NO. 2013-2459 CIVIL TERM V. CIVIL ACTION-LAW c � w `b rx " M •- JOHN O. GOSSERT, IIII and �� SANDRA E. GOSSERT, -� w Defendants �. T r� . ACCEPTANCE OF SERVICE I accept service of the Writ of Summons and Lis Pendens on behalf of the Defendant, John O. Gossert, III and certify that I am authorized to do so. 41 Dater Hubert X Gilroy, Esquire Martson Law Office 10 East High Street Carlisle, Pennsylvania 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Kathleen E. Molter, John O. Gossert, IV and Glenn M. Gossert Vs. y Tj Case No. 13-2459 Civil Term ,'_ John O. Gossert, III and : Civil Action Law {-<_ - � Sandra E. Gossert PRAECIPE TO ENTER APPEARANCE ' r TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Sandra E. Gossert, in the above- captioned matter. I Date. Mark F. Bayley, Esquire Bayley&Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "CIVIL DIVISION Kathleen E. Molter, John O. Gossert, IV and Glenn M. Gossert VS. Case No. 13-2459 Civil Term John O. Gossert, III and : Civil Action Law Sandra E. Gossert CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Mark F. Bayley, Esquire Dated: KATHLEEN E. MOTTER, IN THE COURT OF COMMON PLEAS OF JOHN O. GOSSERT, IV CUMBERLAND COUNTY, PENNSYLVANIA and GLENN M. GOSSERT, Plaintiffs NO. 2013-2459 CIVIL TERM V. CIVIL ACTION-LAW JOHN O. GOSSERT, III and SANDRA E. GOSSERT, Defendants ACCEPTANCE OF SERVICE I accept service of the Writ of Summons and Lis Pendens on behalf of the Defendant, Sandra E. Gossert and certify that I am authorized to do so. I Date: Mark F. Bayley, E quire Bayley &Mangan i 17 West South Street :3: Carlisle, Pennsylvania 17013 "I - ;�n -C Cn -` ^ -c-t µms,