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HomeMy WebLinkAbout05-5305Robert M. Mumma, II Box E Bowmansdale, PA 17008 Pro Se ROBERT M. MUMMA, II, Plaintiff, V. PENNSY SUPPLY, INC. 1001 Paxton Street Harrisburg, PA 17101 PENNSY SUPPLY INC. 1001 Paxton Street Harrisburg, PA 17101 NINE NINETY-NINE, INC. 1001 Paxton Street Harrisburg, PA 17101 Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. oZ605'_- 3_365? e-' v.1 Civil Action - Law Civil Action - Law PRAECIPE Please issue a Writ of Summons on the above-captioned defendants and attach the following deed and index as lis pendens in the above action. Date: By: ??. Robert M. Mumma, II, pro se Box E Bowmansdale, PA 17008 Plaintiff KoKthO PACE 692 THIS INDENTURE i Made the $ day of 4Q , in the year Nineteen Hundred and Sixty-One _(1961!) -, BETWEEN ROBERT H. MUMMA, NORMAN SHEESLEY and EARL V. COMPTON, - Liquidating Trustees of Highspire Sand And Gravel Company, Limited, a partnership association organized under the laws of the Commonwealth of Pennsylvania with its principal office in the City of Harrisburg, Dauphin County, Pennsylvania and ROBERT M. MUMMA and DAUPHIN DEPOSIT TRUST COMPANY, Executors of theiEatate of Walter M. Mumma, deceased (hereinafter called Grantors),parties of the first part, and PENNSY SUPPLY. INC., a Pennsylvdnia corporation having its principal place of business in said City of Harrisburg (hereinafter called Grantee), party of the second part: W I T N E S S E T H, That the said Grantors for and in consideration of the sum of Seventy-Three Thousand Nine Hundred Twenty-Five ($73,925) Dollars lawful money of the United States of America, unto us well and truly paid by the said Grantee at and before the sealing and 'delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Grantee, its successors and assigns, ALL those three certain pieces or parcels of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: Tract No. 1: BEGItINING at a point in the center line of the Carlisle Pike (Route 11) said point being referenced Eastwardly a distance of four hundred seventy-five and ninety-two hundredths (475.92) feet from the centerline intersection of T.596 and the Carlisle?Pike (Route 11); and at the Eastern line of a fifty (50) NF ?ulbbl? Trh rlu Lr r '?^ Irw ' eo • -1 i 4u 0. 111.W..91 .f 1 I foot right of way extended to the centerline of the Carlisle. Pike;*thence North 2 degrees 41 mintues East, along the Eastern line of a'fifty (50) foot right of way, a distance of five hundred (500.00) feet to a point at lands now or ! formerly. of Highspire Sand and Gravel Company, Limited; thence South 87 degrees 19 minutes East along aforementioned land now or formerly of Highspire Sand And Gravel Company, Limited a distance of two hundred seventy-nine (279.0) feet to a point; thence South 2 degrees 41 minutes West a distance of five' hundred (500.0) feet to a point in the centerline of the Carlisle Pike (Route 11); thence along same North 87 degrees 19 minutes West, a distance of two hundred seventy-nine (279.0) feet to a point, the PLACE OF BEGINNING. IT BEING a tract of ground containing a barn, it being two hundred seventy-nine (279) feet on the Carlisle Pike and + five hundred (500). feet deep in even width. throughout. IT BEING part of the same tract of ground which Allouwill Realty CapxFtlmby its deed dated March 13, 1959 and recorded in the Recorder's Office in and for the County of Cumberland, j in Deed Book "Z", Vol. 18 page 114 granted and conveyed unto P Highspire'Sand And Gravel Company, Limited, one of the parties of the first part hereto. "..Tract No. 2: BEGINNING at a point in land of E. M. Warner ?. said point being referenced the following courses and distances from the centerline intersection of P. Route 11 (Carlisle Pike) and T-596. (1) North nine degrees forty-one minutes-West . '.(N9641'W), a distance of sixteen hundred and ninety and four one-hundredths (1690.04) feet; (2) North forty-one degrees, forty-nine minutes East (N41.49'E) a distance of four hundred seventy-four and ten one-hundredths (474,10) feet; (3) North thirty-four degrees thirteen minutes East (N34013'E)a distance ., of'one hundred sixty-two and sixty one-hundredths (162.60) feet; (4) South eighty-eight.degrees, seven minutes East (S88.7'E) a distance of one hundred seventy-seven and fifty-thee one-hundredthe - (177.53) feet to the place of beginning; thence along the southern line of land now or late of Hempt south eighty-eight 1. degrees, seven minutes East (S88.7'E) a distance of nine hundred eighty-nine and sixty-five one-hundredths (989.65) feet to a point on the Western line of land now or late of the heirs of Joseph Briggs; thence along same south eight degrees, fifty- eight minutes East, (S8'58'E) a distance of seventeen hundred. seventy-nine and fifty one-hundredths (1779.50) feet to a point; thence North.eighty,seven degrees, nineteen minutes West(N87.19'W) a distance.of four hundred eleven and thirty- ..four one-hundredths (411.34) feet to a point; thence north two degrees forty-one minutes East (N2041'E) a distance of seventy (70) feet to a point; thence North eighty-seven B03K# 20 FACE 693 f MIK420 fhtf 69.'1 degrees, nineteen minutes West (N87019'W) a distance of one thousand ninety-three and seventeen one-hundredths (1093.17) ?- feet to a point; thence North nine degrees, forty-one minutes West (N9.41'W) a distance of eleven hundred forty and seventy- two one-hundredths (1140.72) feet to a point; thence North forty-one degrees, forty-nine minutes East-(N41.49'E) a distance of three hundred ninety-eight and fifty-six one-hundredths (398.56) feet to a point; thence North thirty-four degrees, fifty minutes East (N34.50'E) a distance of two hundred seventy-nine and thirty-five one-hundredths (279.35) feet to a point; the place of BEGINNING. Containing fifty-four and eighty one- , hundredths (54.80) acres. Together with three rights-of-way each fifty (50) feet in width to be used for ingress, egress and regress from the tract above described as follows: (1) leading northwardly at right - angles from U. S. Route #11 to the southern aide of the tract above described and the center line of which is located Four Hundred Fifty and Ninety-Two One-Hundredths (450,92) feet, more or less, eastwardly from the intersection of the center line of U. S. Route #11 with the center line of State Highway T-596 as measured along the center line of U. S. Route #11; (2) leading eastwardly from state Highway T-596 to the tract above described and the center line of which is located fourteen hundred forty and four one-hundredths (1440.04) feet, more or lese.northwardly from theintersection of U. S. Route #11 and State Highway T-596 as measured along the center line of said State Highway T-596; and (3) leading eastwardly from State Highway T-596 to.the tract above described. The northern line of the last mentioned right- of-way is the northern line of the tract above described extended westwardly. Being part of the same tract of ground which Allouwill Realty Corporation by its Deed dated May 19, 1960 and recorded in the Recorder's Office in and for the County of Cumberland in Deed Book 'Y', vol. 19, page 117 granted and conveyed unto Highepire Sand And Gravel Company, Limited, one of the parties of the first part hereto. Tract No. 3: BEGINNING at a point in the center line of Township Road T-596 (thirty-three (33) feet right-of-way) which point is referenced twenty-one hundred sixty-four and fourteen one-hundred- the (2164.14) feet north of the center line of the Carlisle Pike; thence north twenty-nine degrees no minutes. west (N2990'F) one hundred sixty-five (165) feet to the low water mark on Conodoquinet Creek; thence northoastwardly along the Conodoguinet Creek eleven hundred and fifty (1150) feet approximately to a point at the center line of aforementioned township road; thence through the center of the township road and extending south eleven (11) degrees forty-five (45) minutes east two hundred eleven and fifteen one-hundredths (211.15) feet to a point; thence along 'mama south nineteen degrees forty-eight minutes neat ($19'48'W) sixty-nine and ninety-five one-hundredths (69.95) feet to a point; -3- i t: thence along same south eleven degrees twenty minutes west (Sll•20'W) two hundred sixty-three and sixty one-hundredths I: f (263.60) feet to a point; thence along same south twenty-eight •i degrees twenty-five minutes west (S28.25 'W) three hundred I. forty-seven. and twenty one-hundredths (347.20) feet to a point; I I thence along same south forty-three degrees forty-eight minutes west (S43.48'W) two hundred fifty-eight and sixty one-hundredths (258.60) feet to a point; thence alonj same south thirty-four degrees thirteen minutes west (S34'13 W) one hundred sixty and sixty-two one-hundredths (160,62) feet to the point the place ( of BEGINNING. Being a plot of vacant ground, t Being the same premises which Charles A. Slack, Trustee by his deed dated August 12, 1959 and recorded in the Recorder's Office in and for the County of Cumberland in Deed !I! Book "J", Vol. 19, page 239 granted and conveyed unto Highapire I Sand And Gravel Company, Limited, one of the parties of the first part hereto. j Tract No..2.above described is sold and conveyed under and subject f to a Mortgage in the original principal amount of Forty Thousand Two Hundred Eighty ($40,280.00) Dollars(now reduced to Twenty-Six Thousand Two Hundred Eighty ($26,280.00) Dollars) recorded in the Office of the Recorder of Deed in and for the County of Cumbedand, Commonwealth i of Pennsylvania in Mortgage Book 417, page 247, which mortgage dated • May 19,•1960 the Grantee herein hereby assumes and agrees to pay. This Deed is executed and delivered by the Liquidating Trustees I, pursuant to an Order of Court dated August 8, 1961 authorizing and j'.directing said Liquidating Trusteesto convey the same to the Estate of Walter M. Mumma as part of the liquidating share of the property of said Highspire Sand And Gravel Company, Limited and is executed and delivered by the Liquidating Trustees and the said Executors by i virtue of an assignment to Yenosy Supply Inc, by the said Executors • in said Estate for valuable and adequate consideration of their right to receive said real estate on said distribution. y -4- B00KY)n FACE 695 BOOK P20 PACE 696 TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto be- longing, or in any visa appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title,. interest, property, claim and demand whatsoever of the said Grantors, in law, equity, or otherwise howsoever, of, in and to the same and every part thereof, f TO HAVE AND TO HOLD the said improvements, heredltaments and i ?'.. premises hereby granted, or mentioned and intended so to be, with i !f. the appurtenances, unto the said Gantee, its successors and assigus to.and for the only proper use and behoof of the said Grantee, its successors and assigns, forever. AND the said Grantors, for themselves, their successors and 1 assigns, do by these presents covenant, grant and agree, to and with the said Grantee, its successors and assigns, that they the said Grantors, their successors, all and singular the hereditaments and premises herein described and granted, or.mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns, against them, thesaid Grantors, and their successors, I and against all and every other Person and Persons whomsoever lawfully claiming or to claim the same,., or any thereof, by, under and through 1 them, or any of them, SHALL and WILL WARRANT and forever DEFEND. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. Signed Sealed and i D - were in the Presence of: (SEAL) Robert M. Mumma (SEAL) Qv J?Z? GC_ No an Sheesley i (SEAL) Earl v. Compton - Liquidating Trustees of Highspire - Sand And Gravel Company, Limited ?Qaaa]B ht++ (SEAL).. Robert M. Mumma t - DAUPHIN DEPOSIT TRUST COMPANY - /?•a Pi;{Crust Offi?i ' si 7. :Executors of ?4{o;?aR>?'e+A)'?,ter M. Mumma lvr' , t ed 3'Q f?.v' i NO. aa i5a?, •.%ri ?.1 r g Y, i J t F1?1 Ma U)yiji p . s ri I i BOOK 2O PACE 698 CC MONWEALTH OF PENNSYLVANIA em:- COUNTY OF DAUPHIN On thiay of August, 1961, personally appeared before . me, a Rotary Public in and for said Commonwealth and County, Robert M. Mumma., Norman Sheesley and Earl V. Compton, Liquidating Trustees of Highapire Sand And Gravel Company, Limited and Robert M. Mumma, • Executor of the Estate of Walter M. Mumma, deceased, known to me to be the persons .whose names ars subscribed to the within instrument, i and acknowledged that they executed. the same for the purpose therein contained. -- IN WITNESS WHEREOF, I have hereto met my hand and notarial seal. sO7 ee t-.?.? Notary Public try Commission expires: NY NOTARY pUgL10 EFNro fm C+ }? fa {" . COMMONWEALTH OF PENNSYLVANIA as: 'COUNTY OF DAUPHIN ..' On this?day of August, 1961 before me, a Notaryy Public in lcb ( and for said Commonwealth and County, personally appeared -who acknowledged himself to be the1c:o_A- ?•?O" e'-? of DAUPHIN ' DEPOSIT TRUST COMPANY,'a corporation, and that he as such being authorized to do so, executed the foregoing instnment for the purposes' therein contained by.signing the name of the corporation by himself as IN WITNESS UREREOF,.I have hereto set my hand and notarial seal, xccomcs.nn,c[orixl c or cwars a Oet 1_ '?. -L? ? 67 ! er ?i, /q/!f Notary Public Public . ?52 M My Commission expires: C?. NOTARY PUBUO 1a0nmAA0 Causn a+*r CanOW" UWe reborn 1J1 _ ENIUM sa M, f me: rs; rmnltln conry ? a e4S! e Uy?'?r, Mt • i qy\il^OA ,pli a, , ?;n ...31? eHlily Ihal the Rev eve0 ? 1. beiahY end 'rest UHice of ,nilhin Cnanlen is i . a ),... [tier v. G, (YY BOOK 0 20 FACE 609 "' L4 t n v ' ?S ,a Vl c_? n5 r_ Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS ROBERT M. MUMMA 11 Court of Common Pleas Plaintiff Vs. No. 05-5305 In CivilAction-Law PENNSY SUPPLY, INC. PENNSY SUPPLY INC. NINE NINETY-NINE, INC. 1001 PAXTON STREET HARRISBURG PA 17101 Defendant To Pennsy Supply, Inc., Pennsy Supply Inc., and Nine Ninety-Nine, Inc. You are hereby notified that Robert M. Mumma, II the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Prothonotary Date October 11, 2005 By Deputy Attorney: Name: Robert M. Mumma, II. Address: Box E Bowmansdale, PA 17008 Attorney for: Telephone: Supreme Court ID No. "141x= COPY FROro RECORD ID Taaiiarnal Wt ,roof, I t>z?t„ un+n sst tty hoc and ih the # Of said Court at CarU pg. Y S' pratheo??; ROBERT M. MUMMA, II, Plaintiff V. PENNSY SUPPLY & NINE NINETY-NINE, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5305 STATEMENT OF INTENTION TO PROCEED - PURSUANT TO Pa. R.C.P. 230.2 and WRITTEN OBJECTION -PURSUANT TO C.C.R.P. 228 TO THE COURT: I, Robert M. Mumma, II, pro se, the Plaintiff, intend to proceed with the above captioned matter. DATE: October 7, 2008 Robert M. Mumma, H Box 58 Bowmansdale, PA 17008 (717) 612 -9720 PRO SE V-% ° CERTIFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that a copy of the Statement of Intention to Proceed pursuant to Pa. R.C.P. 230.2 and Written Objection pursuant to C.C.R.P. 228 was served this date by U.S. Mail, first class, postage prepaid, addressed to: Court Administrator Cumberland County Court House One Courthouse Square High & Hanover Streets Carlisle, PA 17013 DATE: October 7, 2008 BY: iALO? Robert M. Mumma, II BOX 58 Bowmansdale, PA 17008 717 -612 -9720 PRO SE ?.`' `=n '? ? ? 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