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Home My WebLink About06-2046 . Johnson, Duffie, Stewart & Weidner By: David W. Deluce I.D. No. 41687 301 Market Street P. O. Box 109 lemoyne, Pennsylvania 17043,0109 (717) 761-4540 Attorneys for Plaintiff J. SCOTT TRAYER 60 Shellbark Court Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. ()~- d-fJ</(P ~ v. WilLIAM R. BAllOU AND RUTH W. BAllOU 201 Walnut Dale Road Shippensburg, PA 17257 Defendants IN EQUITY PRAECIPE FOR A LIS PENDENS TO THE PROTHONOTARY: Please index the Writ of Summons in the above-captioned action as a lis pendens against two (2) tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, (Tax Parcels 39-14,0165,027, 39-14-0165-040)more fully described in Exhibit A, attached hereto and made a part hereof, by reference. I hereby certify that this action affects title to or other interest in the real property described in Exhibit A. Respectfully submitted, Dated: EXHIBIT "A" TRACT NO.1: ALL those certain tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described in accordance with land survey made by Carl David Bert, Registered Surveyor, dated July 1983, as follows: BEGINNING at an existing stone pile at the Northeastern corner of the tract of land herein conveyed, which existing stone pile is at corner common to two tracts of land now or formerly of Richard J. Frank; THENCE from said existing stone pile at the place of BEGINNING along line of said land now or formerly of Richard J. Frank, South 35 degrees 45 minutes 24 seconds West, a distance of 203.92 feet to an existing stone pile at corner common to said land now or formerly of Richard J. Frank and a tract of land adjoining on the South whose present owner is unknown; THENCE along said tract of land adjoining on the South, South 33 degrees 22 minutes West, a distance of 332.80 feet to an existing planted stone of corner of land now or formerly of Margaret Ella Burns, et al; THENCE along line of said land now or formerly of Margaret Etta Burns, et aI., through an existing stub in a stone pile, North 45 degrees 15 minutes West, a distance of 616.53 feet to an iron pin set in stones at corner common to said land now or formerly of Margaret Ella Burns, et aI., and land now or formerly of Chester Leon Nehf; THENCE along line of said land now or formerly of Chester Leon Nehf, North 89 degrees 16 minutes 25 seconds East, a distance of 464.33 feet to an existing iron pin at a post on the eastern line of the 30 feet wide right-of-way and which eastern line of said 30 feet wide right-of-way is the dividing line between said land now or formerly of Chester Leon Nehf and land now or formerly of Freise and Kelso, a partnership; THENCE continuing along line of land now or formerly of said Freise and Kelso, a partnership, and/or line of said land now or formerly of Richard J. Frank, which land is apparently included in each of their respective deeds, North 89 degrees 16 minutes 25 seconds East, a distance of 245.77 feet to an existing stone pile at the place of BEGINNING. THE ABOVE described tract of land contains an area of 3.7017 acres and has thereon erected a two-story log house, log and frame barn and shed and frame shed and frame outhouse. TOGETHER WITH any and all rights which the within Grantor may have in the gravel road leading from Township Road T -317 southward to Big Flat, and in addition together with the rights granted in the 30 feet wide right-of-way extending southwardly from Township Road T-317 along the eastern line of land of Chester Leon Nehf to the above-described premises as conveyed by Chester Leon Nehf by instrument dated July 20, 1983. BEING part of the same real estate which Brett E. A. Porter, unmarried, and Barbara A. Diduck of Southampton Township, Cumberland County, Pennsylvania, by their deed dated August 19, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 110 Page 652, granted and conveyed unto William Ripley Ballou and Ruth W. Ballou, husband and wife. , " TRACT NO.2: ALL that certain piece of mountain land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stone; THENCE by land now or formerly of the heirs of Henry Hippensteel, deceased (formerly a part of this same tract), South 29 degrees West, 20 perches to a stone; THENCE by a similar lot of timber land, formerly of S.W. Niven, South 57.5 degrees East, 43 perches to a stone on line of land now or formerly of David Clever; THENCE along said line, North 28 degrees East, 20 perches to a stone; THENCE by lands now or formerly of Michael Hale, North 57.5 degrees West, 42.3 perches to a point, the place of BEGINNING. CONTAINING 5 acres and 51 perches, more or less. BEING part of the same real estate which Brett E. A. Porter, unmarried, and Barbara A. Diduck of Southampton Township, Cumberland County, Pennsylvania, by their deed dated August 19, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 110 Page 652, granted and conveyed unto William Ripley Ballou and Ruth W. Ballou, husband and wife. BOTH tracts are sometimes referred to as 201 Walnut Dale Road, Shippensburg, Pennsylvania. :272862 ~\ c;.. ,~) v~ '" C' :J cl'"':' ~ ~--'''''' ~ ---.. 1./') ""'" ~ ':J>.J"'::\ ~ ~. i-") ~ J " I - Johnson, Duffie, Stewart & Weidner By: David W. Deluce I.D.No.41687 301 Market Street P. O. Box 109 lemoyne, Pennsylvania 17043,0109 (717) 761-4540 Attomeys for Plaintiff J, SCOTT TRAYER 60 Shellbark Court Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. ()(p-c)()c/c, ~ v. WILLIAM R. BAllOU AND RUTH W. BAllOU 201 Walnut Dale Road Shippensburg, PA 17257 Defendants IN EQUITY PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action and please index the above-captioned action as a lis pendens against the following two (2) tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, (Tax Parcels Nos. 39,14-0165-027, 39-14-0165,040) more fully described in Exhibit A, attached hereto and made a part hereof, by reference. I hereby certify that this action affects title to or other interest in the real property described in Exhibit A. Respectfully submitted, Dated: 1& ... " EXHIBIT "A" TRACT NO.1: ALL those certain tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described in accordance with land survey made by Carl David Bert, Registered Surveyor, dated July 1983, as follows: BEGINNING at an existing stone pile at the Northeastern corner of the tract of land herein conveyed, which existing stone pile is at corner common to two tracts of land now or formerly of Richard J. Frank; THENCE from said existing stone pile at the place of BEGINNING along line of said land now or formerly of Richard J. Frank, South 35 degrees 45 minutes 24 seconds West, a distance of 203.92 feet to an existing stone pile at corner common to said land now or formerly of Richard J. Frank and a tract of land adjoining on the South whose present owner is unknown; THENCE along said tract of land adjoining on the South, South 33 degrees 22 minutes West, a distance of 332.80 feet to an existing planted stone of corner of land now or formerly of Margaret Etta Burns, et al; THENCE along line of said land now or formerly of Margaret Etta Burns, et al., through an existing stub in a stone pile, North 45 degrees 15 minutes West, a distance of 616.53 feet to an iron pin set in stones at corner common to said land now or formerly of Margaret Etta Burns, et aI., and land now or formerly of Chester Leon Nehf; THENCE along line of said land now or formerly of Chester Leon Nehf, North 89 degrees 16 minutes 25 seconds East, a distance of 464.33 feet to an existing iron pin at a post on the eastern line of the 30 feet wide right-of-way and which eastern line of said 30 feet wide right-of-way is the dividing line between said land now or formerly of Chester Leon Nehf and land now or formerly of Freise and Kelso, a partnership; THENCE continuing along line of land now or formerly of said Freise and Kelso, a partnership, and/or line of said land now or formerly of Richard J. Frank, which land is apparently included in each of their respective deeds, North 89 degrees 16 minutes 25 seconds East, a distance of 245.77 feet to an existing stone pile at the place of BEGINNING. THE ABOVE described tract of land contains an area of 3.7017 acres and has thereon erected a two-story log house, log and frame barn and shed and frame shed and frame outhouse. TOGETHER WITH any and all rights which the within Grantor may have in the gravel road leading from Township Road T-317 southward to Big Flat, and in addition together with the rights granted in the 30 feet wide right-of,way extending southwardly from Township Road T-317 along the eastern line of land of Chester Leon Nehf to the above-described premises as conveyed by Chester Leon Nehf by instrument dated July 20,1983. BEING part of the same real estate which Brett E. A. Porter, unmarried, and Barbara A. Diduck of Southampton Township, Cumberland County, Pennsylvania, by their deed dated August 19, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 110 Page 652, granted and conveyed unto William Ripley Ballou and Ruth W. Ballou, husband and wife. ~ # TRACT NO.2: ALL that certain piece of mountain land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stone; THENCE by land now or formerly of the heirs of Henry Hippensteel, deceased (formerly a part of this same tract), South 29 degrees West, 20 perches to a stone; THENCE by a similar lot of timber land, formerly of S.w. Niven, South 57.5 degrees East, 43 perches to a stone on line of land now or formerly of David Clever; THENCE along said line, North 28 degrees East, 20 perches to a stone; THENCE by lands now or formerly of Michael Hale, North 57.5 degrees West, 42.3 perches to a point, the place of BEGINNING. CONTAINING 5 acres and 51 perches, more or less. BEING part of the same real estate which Brett E. A. Porter, unmarried, and Barbara A. Diduck of Southampton Township, Cumberland County, Pennsylvania, by their deed dated August 19, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 110 Page 652, granted and conveyed unto William Ripley Ballou and Ruth W. Ballou, husband and wife. BOTH tracts are sometimes referred to as 201 Walnut Dale Road, Shippensburg, Pennsylvania. :272904 G:. ~~ c::. d. .\ '" ",,-' {--". - .J ~ ~. J"1 c- \. 0.-> ) , , ~y, ".-::~ ~~0 " - -- c:,. (V ('" ~d d"- -,,'< r:-? , , ..'. ~',.j Vi U'~ \ --\ Y v; . , - Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas J, SCOTT TRAYER 60 SHELLBARK COURT CARLISLE PA 17013 Plaintiff Vs. No 06-2046 WILLIAM R & RUTH W, BALLOU 201 WALNUT DALE ROAD SHIPPENSBURG PA 17257 In CiviIAction-Law Defendant To WILLIAM R. AND RUTH W, BALLOU, You are hereby notified that J, SCOTT TRAYER the Plaintiff(s) 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) Curtis R, Long Prothonotary ":}""" J ~ ~J,7J .. . Deputy Date APRIL 11,2006 Attorney: Name: DAVID W, DELUCE, ESQ, Address: POBOX 109, LEMOYNE PA 17043 Attorney for: Plaintiff Telephone: (717) 761,4540 Supreme Court ID No. 41687 ,. , Johnson, Duffie, Stewart & Weidner By: David W, DeLuce I.D.No.41687 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff J. SCOTT TRAYER 60 Shellbark Court Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. WILLIAM R. BALLOU AND RUTH W, BALLOU 201 Walnut Dale Road Shippensburg, PA 17257 Defendants NO. 06-2046 CIVIL IN EQUITY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above action and remove the Lis Pendens filed against the following two tracts of land situate in Southampton Township, Cumberland County, Pennsylvania (Tax Parcels Nos. 39-14-0165-027, 39-14-0165-040). Respectfully submitted, i'1'I~~ Dated: :274525 .- " CERTIFICATE OF SERVICE AND NOW, this -.!/- day of May, 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Discontinue upon the following by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Ballou Ruth W. Ballou 201 Walnut Dale Road Shippensburg, PA 17257 .- '-' e ~ ~ ~Fi1 % i\ fl" ?<. -1' :2:1 I (J)'p (Jl -<;~. !;2C' "'0 =-t."" ~q ( .-::l) ::s: ,~(') :p-'c;; - (5.rrt ~ :::0< .r::- ?Q G) ;;..:;