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ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANK AND
TRUST COMPANY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
NO. 01600 - 79?::.
C;;'tl7~
v.
CONFESSION OF JUDGMENT
H, DANIEL BEIGH III and
ONEIDA H. BEIGH
Defendants
NOTICE
To: H. DANIEL BEIGH III and ONEIDA H. BEIGH, Defendants
You are hereby notified that on February .1Z2...-, 2000, judgment by confession
woo eote,ed 'g';"" yo';" the ,"m of $287,500;" the ,bo," "pI;O"ed ~
Dated: February ....K:;L, 2000 1(1 CL",-k ) k-
'Prothonotary -
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
COURT ADMINISTRATOR
4th Floor, Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
I hereby certify that the following is the address of the defendant(s) stated in the
certificate of residence.
H, DANIEL BEIGH III and
ONEIDA H. BEIGH
2300 Foxfire Circle
Mechanicsburg, PA 17055
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Attorney fo tiff( s)
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A H. DANIEL BEIGH III and ONEIDA H. BEIGH
Usted esta siendo notificando que el de February del 2000, se anoto en
contra suya un fallo por confesion en la suma de $287,500 en el caso mencionado en
el epigrafe.
FECHA: February _, 2000
Protonotario
USTED DEBE LLEVAR IMMEOIATAMENTE ESTE OOCUMENTO A SU
ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO,
LLAME 0 VAYAA LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
COURT ADMINISTRATOR
4th Floor, Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
Certifico que la siguiente direccion es la del defendido/a segun indicada en el
certificado de residencia:
H. DANIEL BEIGH III and
ONEIDA H. BEIGH
2300 Foxfire Circle
Mechanicsburg, PA 17055
el Demandante
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ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANK AND
TRUST COMPANY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
NO.
v,
CONFESSION OF JUDGMENT
H. DANIEL BEIGH III and
ONEIDA H. BEIGH
Defendants
COMPLAINT
1. Plaintiff is Allfirst Bank, a Maryland state-chartered commercial bank,
successor to Dauphin Deposit Bank and Trust Company, with an office at 213 Market
Street, Harrisburg, Pennsylvania 17101.
2. Defendants are H. Daniel Beigh III and Oneida H. Beigh, adult individuals,
whose address is 2300 Foxfire Circle, Mechanicsburg, Pennsylvania 17055.
3. On or about June 12, 1995, Defendants, for good and valuable
consideration, executed and delivered a Suretyship Agreement (the "Suretyship") to
Plaintiff with respect to the obligations of Phoenix Industrial, Inc, A true and correct
copy of said Suretyship is attached hereto, made a part hereof and marked Exhibit "A".
4. The Suretyship referred to in Paragraph 3 above has not been assigned
by Plaintiff to any person or organization.
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5. Judgment has not been entered on the Suretyship referred to in
Paragraph 3 above in any jurisdiction.
6. The Suretyship provides that Plaintiff may confess judgment against
Defendants for their total liability on and under the Suretyship, plus interest, attorney's
fees of fifteen percent (15%) and court costs.
7. The total liability of Defendants on and under the Suretyship is $250,000.
Fifteen percent (15%) of said sum is $37,500.
8. Plaintiff has been advised and, therefore, avers that Defendants executed
the Suretyship referred to in Paragraph 3 above for business purposes.
WHEREFORE, Plaintiff demands judgment against Defendants in the sum of
$287,500, together with costs of suit.
Date: February ~, 2000
KEEFER WOOD ALLEN & RAHAL, LLP
BYS~~
Eug . Pepinsky, Jr.
Attorney I.D. #23702
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8051
Attorneys for Allfirst Bank, successor to
Dauphin Deposit Bank and Trust
Company
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VERIFICATION
The undersigned Sean E. Doherty, hereby verifies and states that:
1. He is an officer of Allfirst Bank, successor to Dauphin Deposit Bank and
Trust Company, Plaintiff herein;
2. He is authorized to make this Verification on its behalf;
3. The facts set forth in the foregoing Complaint are true and correct to the
best of his knowledge, information and belief; and
4. He is aware that false statements herein are made subject to the penalties
of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
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Sean E. Doherty
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Dated: February ~, 2000
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DOL, ~I iin Deposit Bonk
and Trust Company
Member FDIC.
The Undersigned. individuaily and jointiy, hereby uncondilionaily agree to make prompt payment of ail obi~~:ons, ind~~~itieS due Dauphin
Deposit Bank and Trust Company, hereinafter called "Bank," of any kind, whether now existing or hereafter arising, due or which may become due, whether
by acceleration or otherwise. absolute or contingent, joint or several, direct or indirect, secured or unsecured
oy Phoenix Industrial. Inc.
hereinafter called "Borrower," all such obligations being hereinafter further described and collectively called the "Liabilities," and the Undersigned agree(s) to
pay all expenses (including attorneys' fees and legal expenses) paid or incurred by the Bank in endeavoring to collect the Liabilities, or any part thereof,
whether or not bankruptcy has been declared, and in enforcing this Suretyship Agreement
The Undersigned hereby waive all notices of any character whatsoever with respect to this Suretyship Agreement and the Liabilities of the Borrower for
which the Suretyship Agreement has been executed, including but not limited to notice of the acceptance hereof and reliance hereon and notice of default by
the Borrower. The Undersigned hereby give consent to the Bank to the taking of, or failure to take,'from time to time, without notice to the Undersigned, any
action of any nature whatsoever with respect to the Liabilities of the Borrower, with respect to any rights against any person or persons, including the Borrower
and any of the Undersigned, in any property, including, but not limited to, any postponements, compromises, indulgences, waivers, extensions, exchanges,
releases, and satisfaction5-: The Undersigned shall remain fully liable on this Suretyship Agreement, notwithstanding any of the foregoing.
This Suretyship Agreement shall in all respects be a continuing, absolute and unconditional one, and shall remain in full force and effect (notwithstanding,
without limitation, the death, incompentency or dissolution of any of the Undersigned or that at any time, or from time to time, all liabilities may have been paid
in full). This Suretyship Agreement is subject to discontinuance as to any of the Undersigned only upon actual receipt by the Bank of written notice from such
Undersigned, or any perse," dUly authorized and acting on behalf of such Undersigned, of the discontinuance herem as to such Undersigned; provided, how.
ever, that no such notice of discontinuance shall affect or impair any of the agreements and obligations of such Undersigned hereunder with respect to (a) any
and all liabilities existing prior to the time of actual receipt of such notice by the Bank, (bl any and all Liabilities created or acquired thereafter pursuant to any
previous binding commitments made by the Bank. (c) any and all extensions Of renewals of any of the foregoing, (d) any and all interest,on any of the forego~
ing, and (e) any and all expenses paid or incurred by the Bank in endeavoring to collect any of the foregoing and in enforcing this Suretyship Agreement
against such Undersigned. All obligations of the Undersigned under this Suretyship Agreement shall, notwithstanding any such notice of discontinuance.
remain fully in effect until all Liabilities not subject to an effective notice of discontinuance (including any extensions or renewals of any thereof) and all such
interest and expenses shall have been paid in full. Any notice of discontinuance by or on bOOa" of anyone of the Undersigned shail not affect or impair the
obligations hereunder of any other of the Undersigned.
At the option of Bank, all Uabilities of Borrower shall become immediately due and payable by the Undersigned, wilhout demand or notice. in the event any
of the following shall occur: (a) Borrower shall fail to make any payment or meet any other liability when due: (b) Borrower or the Undersigned shall fail to
observe or perform any obligation, term, condition or provision of Borrower under any document evidencing or securing the liabilities, this Suretyship Agree-
ment or any other agreemen~ documen~ certificate, instrument of security. suretyship or guaranty given by Borrower to Bank; (c) Any representation, warranty
or certificate made or furnished by Borrower to Bank, in connection with the liabilities or any other agreement, document, certificate, instrument of security,
suretyship or guaranty given by Borrower to Bank or in any certificate, financial statement or separate assignment made thereunder shall be materially false;
(d) Borrower or any of the Undersigned shall make an assignment for the benefit of creditors; (e) Proceedings in bankruptcy or for reorganization of Borrower
or any of the Undersigned or for the readjustment of any of their debts under the Bankruptcy Act, as amended, or in any part thereof, 0' unde, any othe, act or
law, whether state or federal, for the relief of debtors now or hereafter existing, shall be commenced by or against Borrower or the Undersigned; (~ A receiver
of trustee shall be appointed for Borrower or any of the Undersigned or for any substantial part of their assets; or any proceedings are instituted for the dissolu~
tion, or the full or partial liquidation, of Borrower or any of the Undersigned; {g} Material adverse changes in the financial condition of the Borrower or any of the
Undersigned; (h) A death of Borrower or any of the Undersigned or, if Borrower or the Undersigned is a partnership, the death of any general partner; or (i)
Borrower ceases doing business as a going concern.
As security for the Liabilities hereunder, the Undersigned hereby grants Bank a security interest in the following:
N/A
Suretyship Agreement
D
Together with a right, without demand or notice of any kind, at any time and from time to time when any amount shall be due and payable by the Undersigned
htreunder and in such order of application as the Bank may elect, to set-off against all monies, deposits or other property of any kind, without limitation,
owned by the Undersigned or in which the Undersigned as a joint or contingent interest and which are in possession of Bank for any reason whatsoever.
The Undersigned further il9,ee that, ~ at any time, any part of any payment theretofo,e applied by the Bank to any of the Liabilnies is or must be returned by
the Bank for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of the Borrower), such Liabilities shall, for the
purposes of this Suretyship Agreement, to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence, not-
withstanding such application by the Bank, and this Suretyship Agreement shall continue to be effective or be reinstated, as the case may be as to such Liabil~
itii?:s, all as though such application by the Bank had not been made, In such an event the Undersigned hereby waives any right of contribution, SUbrogation or
indemnification against the Borrower, for a period of twelve (12) months subsequent to the last paymem made or due to be made from Borrower 10 Bank.
The Bank may, from time to time, whether before or atter any discontinuance of this Suretyship Agreement, at its sole descretion and without notice to the
Undersigned (or any of them), take any 0' all of the following actions: (al retain or obtain a secu,ity interest in any property to secure any of the Uabilities or
any obligation hereunder; lb) retain or obtain the primary or secondary obligation of any obligor or obligors in addition to the Undersigned, with respect to any
of the Liabilities; (c) extend or renew for one or more periods (whether or not longer than the original periOd), alter or exchange any of the Uabilities, or release
or compromise any obligation of any of the Undersigned hereunder or any obligation of any nature of any other obligor with respect to any of the Liabilities: (d)
release its security interest in , or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or
Br1Y obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period). or release, compromise, alter or
exchange any obligations of any nature of any obligor wilh respect to any such property: and (e) resort to the UnderSigned (0' any of them) fo' payment of
any of the Liabililies, whether or not the Bank shall have resorted to any property securing any of the Liabilities for payment of any of the Liabilities, 0' any
obligation hereunder or shall have proceeded against any other of the Undersigned or any other obligor primarily or secondarily obligated with respect to any
of the Uabilities.
Any amounts received by the Bank from whatsoever source on account of the liabilities may be applied by Bank toward the payment of such of the liabili-
ties and in such order of application, as the Bank may from time to time elect; and, notwithstanding any payments made by or for the account of the Under-
signed pursuant to this SuretyShip Agreement, the Undersigned shall not be subrogated. to any rights of the Bank until such ti,,!e ~~ ~hiS Suretyship ~gr€!ement
shall have been discontinued as to all of the Undersigned and the Bank shall have received payment of the full amount of all Liabilities and of aU obligations of
the Undersigned hereunder. The Snak shall not be obligated under any theory of law relating to the marshalling of payment received or security interest
granted under the terms of this SuretyShip Agreement
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The Bank may, from time to time, whether befall;< or after any discontinuance of this Su;etyship Agreem&t II, without notice to the Undersigned (or any of
them), assign or transfer any or all of the liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment
or ~ansfer thereof, such Liabilities shall be and remain Liabilities for the purpose of this Suretyship Agreement and each and every' immediate and successive
assignee or transferee of any of the Liabilities or of any interest therein shall, to the extent of the interest of such assignee or transferee in the Liabilities, be
entitled to the benefits of this Suretyship Agreement to the same extent as if such assignee or transferee were the Bank; provided, however, that, unless the
Bank shall otherwise consent in writing, the Bank shall have an unimpaired right prior and superior to that of any such assignee or transferee, to enforce this
Suretyship Agreement for the benefit 01 the Bank, as to those of the Liabilities which the Bank has not assigned or transferred,
No modification or waiver of any of the provisions of this Suretyship Agreement shall be binding upon the Bank except as expressly set forth in a writing
duly signed by each of the Undersigned and the Bank. No action of the Bank permitted hereunder shall in any way effect or impair the rights of the Bank and
the obligation of the Undersigned under this Suretyship Agreement For the purpose of this Suretyship Agreement Liabilities shall include all obligations of the
Borrower to the Bank, notwithstanding any right or power of the Borrower or anyone else to assert any claim or defense as to the invalidity or unenforceability
of any such obligation and no such claim or defense shall affect or impair the obligations of the Undersigned hereunder.
The Liab~ of the Undersi,gned. fQr Liabilities of Barr wer i cu r d n or prior to the date hereof shall not exceed, at any time, the aggregate principal
amo~IlI~1 J.wo h dred t'itt -
($ JU. . I, plus interest as stated in the evidence of indebtedness given by Borrower to Bank and fifteen percent (15%)
attorneys' commission; provided that this Suretyship Agreement shall also be applicable to and extend to any and all Liabilities, plus interest and costs as
aforesaid, of Borrower arising after the date hereof even if the total of such Liabilities plus the Liabilities oustanding on or prior to the date hereof exceed the
aforementioned aggregate principal amount If no limitation is inserted in this paragraph, there is no limit to the liability of the Undersigned to the Bank.
The creation or existence from time to time of Liabilities in excess of any amount to which the right of recovery under this Suretyship Agreement is limited is
hereby authorized, without notice to the Undersigned (or any of them), and shall in no way affect or impair the rights of the Bank and the obligation of the
Undersigned under this Suretyship Agreement
The Undersigned, individually and jointly, do hereby authorize and empower any prothonota.cy or clerk or attorney of any court of record of Pennsylvania or
elsewhere, to appear for and confess judgment against any or all of the Undersigned in favor of Bank for the total liability of the Undersigned as set forth
herein together with interest thereon, with or without declaration, with costs of suit, release of errors, without stay of execution and with fifteen percent (15%) for
collection fees, and waive the right of inquisition, and the benefit of all exemption laws now or hereinafter enacted, and agree to condemnation and the sale of
real estate or personal property, or a writ of execution.
In the event the Bank acquires any property securing this Suretyship Agreement after a foreclosure sale as to real property or a public auction sale as to
personal property, the Undersigned agrees to indemnify and hold the Bank harmless from any loss, costs, or expense which the Bank may sustain as a
result of: (a) selling the real or personal property so acquired for less than the total sums owed by the Borrower to the Bank, provided, however, that any such
sale by the Bank is done in a commercially reasonable manner or (b) any action brought against the Bank under ~ or ~544(b) of the Unlled States Bank-
ruptcy Code, as amended, on the ground that the consideration paid by the Bank for the real or personal property was not "fair equivalent value," within the
contemplation of ~544(b} of the United Stales Bankruptcy Code, as amended, or any applicable state fraudulent conveyance act
The Undersigned waive and release the Bank from any damages which the Undersigned may incur as a result of any intentional or unintentional or negli-
gent action or inaction of the Bank impairing, diminishing, or destroying any of the Undersigned's rights of subrogation which the Undersigned may have upon
payment of any of the Borrower's obligations. The Undersigned acknowledges previously having waived, under certain conditions, any such rights.
The Undersigned hereby agrees that this Suretyship Agreement shall apply to any obligation which the Bank may incur as the resull 01 any payment to
Bank by or on behalf of the Borrower which is determined to be a preference payment benefiting the undersigned.
II a photostatic copy hereof shall have been filed in any of said proceedings, II shall not be necessary to file the original as a warrant of attorney. The forego-
ing warrant and power to confess judgment shall not be deemed to have been exhausted by any single exercise therof, whether or not any such exercise
shall be held by any court to be invalid, voidable or void, but may be exercised from time to time, as often as the Bank shall elect, until all sums payable or that
may become payable by each 01 the Undersigned have been paid in fuiL
A subsequent guaranty or suretyship by the Undersigned or any other guarantor or surety of the Borrower's Liabilities given to the Bank shall not be
deemed to be in lieu of or to supersede or terminate this Suretyship Agreement but shall be construed to be additional or supplementary unless otherwise
expressly provided therein; and in the event the Undersigned or any other guarantor or surety has given to the Bank a previous guaranty or Suretyship
Agreement, this Suretyship Agreement shall be construed to be additional or supplementary, and not to be in lieu thereof or to terminate such previous Sure-
tyship Agreement, guaranty or guaranties unless expressly so provided herein.
This Suretyship Agreement shall be binding upon the Undersigned, and upon the heirs, legal representatives, successors and assigns of the Undersigned,
and to the extent that the Borrower or any of the Undersigned is an entity such as a partnership, limited partnership, limited liability company, corporation or
any other similar entity, all references herein to the Borrower and to the Undersigned, respectively, shall be deemed to include any successor or successors,
whether immediate or remote, to such entity. If more than one party shall execute this Suretyship Agreement, the term "Undersigned" as used herein shall
mean all parties executing this Suretyship Agreement and each of them, and all such parties shall be jointly and severally obligated hereunder,
This Suretyship Agreement shall be construed in accordance with and governed by the laws of the State of Pennsylvania. Y'lherever possible each provi-
sion of this Suretyship Agreement shall be interpreted in such manner as to be effective and valid under applicable law but if any provision of. this Suretyship
Agreement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating
the remainder of such provision or the remaining provisions of this Suretyship Agreement.
INTENDING TO BE LEGALLY BOUND HEREBY, the Undersigned have set their respective hands and seals the day and year first above written.
WITNESS OR ATTEST:
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(SEAL)
(SEAL)
Titie:
By:
Title:
(SEAL)
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ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANK AND
TRUST COMPANY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
NO.
v.
CONFESSION OF JUDGMENT
H. DANIEL BEIGH III and
ONEIDA H. BEIGH
Defendants
CONFESSION OF JUDGMENT
By virtue of the authority conferred by the Suretyship Agreement, a copy of
which is attached to the Complaint filed in this action, I appear for the Defendants and
confess judgment in favor of the Plaintiff and against the Defendants for the sum of
$287,500, and costs of suit.
~
Eugene E. epinsky, Jr.
Attorney for Defendants by virtue
of the authorization contained in
the Suretyship
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust
Company,
(X) Confessed Judgment
( ) Other
Plaintiff
File No. 2000-796 Civil Term
Amount Due $287,500.00
Interest From 2/10/00 to 11/1/00-
$12,523.97
Atty's Com -
Costs -
vs.
H. DANIEL BEIGE, ill and
ONEIDA H. BEIGH,
Defendants
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6
of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs upon the following described property of the Defendants--Real estate and
improvements of Defendants situate at 2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg,
Cumberland County, Pennsylvania, and more particularly described in Exhibit "A" which is attached
hereto.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and costs,
as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies oflengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee( s) as a lis pendens against real estate of
the defendant( s) described in the attached exhibit.
Date: November 1, 2000
J~
Kain, Brown & Roberts LLP
119 E. Market Street, York, P A 1740 I
Phone 1-717-843-8968
Fax 1-717-846-6676
Arty I.D. 10241
Attorney for Plaintiff
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ALL THAT CERTAIN lot or tract ofland situate in the northwest side ofFoxfire Circle, in
the township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfire Circle; thence along Foxfire
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of 247.31 feet to a
point; thence continuing along sarne, South 28 degrees 53 minutes 08 seconds West, a distance
of 258.85 feet to a point; thence along same, along a curve to the left, having a radius of 35.00
feet, an arc length of 27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage I, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, PA 17055
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company,
Plaintiff
No. 2000-796 Civil Tenn
vs.
H. DANIEL BEIGH, III, and ONEIDA H.
BEIGH,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
JACK F. REAM, ESQUIRE, Attorney for Plaintiff in the above action, sets forth as of the date of the
praecipe for the writ of execution was filed to following information concerning the real property located at:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Cumberland
County, pennsylvania, and more particularly described in Exhibit A,
I.
Name and Address ofOwner(s) or Reputed Owner(s):
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
H. Daniel Beigh, III and
On?ida H. Beiqh
2300 Fox Fire Circle
Mechanicsburq, PA 17055
2.
Name and Address of Defendant(s) in the Judgment:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
H. Daniel Beigh, III and
Oneida H. Beiqh
2300 Fax Fire Circle
Mechanicsburq, PA 17055
3.
Name and Address of every Judgment Creditor whose judgment is a record
lien on the real property to be sold:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
3607 Derry St., Harrisburg, PA 17111
205 Creek Road. Camp Hill, PA 17011
Allfirst Bank
Hempt Brothers, Inc.
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4.
Name and Address of the last recorded holder of every mortgage of record:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
3607 Derry Street, Harrisburg, PA 17111
222 W. Las Colinas Blvd., Suite 600
Irvinq, TX 75039
Allfirst Bank
EMC Mortqaqe Corooration
5.
Name and Address of every other person who has any record lien on their
property:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
6.
Name and Address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
7.
Name and Address of every other person of who the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
,- 1,.-. '_>'
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge
or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 PA C,S,
Sec. 4904 relating to unswom falsification to authorities,
Dated: November 1, 2000
~
Kain, Brown & Roberts LLP
119 East Market Street
York,PA 17401
Telephone (717) 843-8968
Fax (717) 846-6676
Attorney I.D, No. 10241
Attorney for Plaintiff
Allfrrst Bank
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ALL THAT CERTAIN lot or tract ofland situate in the northwest side ofFoxfire Circle, in
the township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfire Circle; thence along Foxfire
Circle, along; a curve to the left, having a radius of 435.00 feet, an arc length of 247.3 I feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of35.00
feet, an arc lengthof27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage I, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsbnrg, PA 17055
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ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
H. DANIEL BEIGH, III, and
ONEIDA H. BEIGH,
NO. 2000-796 CIVIL TERM
Defendants
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, March 7, 2001, at
10:00 a.m., in the Sheriff's Office, Cumberland County Court House, One Court House Square, Carlisle,
Pennsylvania.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of
a statement of the measured boundaries of the property, together with a brief mention of the buildings and
any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION OF your property to be sold is:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Cumberland
County, Pennsylvania, and more particularly described in Exhibit A.
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
Alltirst Bank, Successor to Dauphin Deposit Bank and Trust Company,
Plaintiff, vs. H. Daniel Beigh, III and Oneida H. Beigh, Defendant
The name of the owner or reputed owner of this property is:
H. Daniel Beigh, III and Oneida H. Beigh
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by
the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance
with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10)
days of the date it is tiled. Infonnation about the schedule of distribution may be obtained from the Sheriff
of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House,
One Court House Square, Carlisle, Pennsylvania, Telephone: 1-717-240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY, It has been issued because there is ajudgment against you. It may cause your property to be
held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from
being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,
you must act promptly.
,~
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE
LEGAL ADVICE:
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PAl 70 13
Phone: 1-717-249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a, petition with the Court of Common Pleas of Cumberland County to open the
judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware ofa legal
defect in the obligation or procedure used against you.
2, After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
must be filed before the Sheriffs Deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of Cumberland County at one of the Court's
regularly scheduled business court sessions. The petition must be served on the attorney for the
creditor at least two (2) business days before presentation to the Court and a proposed order or rule
must be attached to the petition. If a specific return date is desired, such date must be obtained
from the Court Administrator, Cumberland County Court House, One Court House Square,
Carlisle, Pennsylvania 17013.
Dated:
)VNl
,2000
KAIN, BROWN & ROBERTS LLP
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ALL THAT CERTAIN lot or tract ofland situate in the northwest side of Foxfire Circle, in
the township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side ofFoxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfire Circle; thence along Foxfire
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of 247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of35.00
feet, an arc length of 27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, P A 17055
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL DIVISION: LAW
ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANK AND
TRUST COMPANY,
NO 2000 -796 CIVIL TERM
Plaintiff
vs.
H. DANIEL BEIGH, III AND
ONEIDA H. BEIGH
Defendants
NOTICE OF JUDGMENT AND
EXECUTION REQUIRED
UNDER RULE 2958.2
TO: H. DANIEL BEIGH, III
2300 FOXFIRE CIRCLE
MECHANICSBURG, PA. 17055
ONEIDA H. BEIGH
2300 FOXFIRE CIRCLE
MECHANICSBURG, P A. 17055
A Judgment in the amount of $287,500.00 has been entered against you as
Defendants on March 30, 2000, in favor of the Plaintiff, ALLFIRST BANK,
SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, without any
prior notice or hearing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you. The Court has issued a write of
execution which directs the Sheriff of Cumberland County, Pennsylvania, to levy upon
and sell certain real estate and improvements owned by you situate at 2300 Foxfire
Circle, Upper Allen Township, Cumberland County, Pennsylvania, to pay the judgment.
The Sheriff's Sale is scheduled for March 7, 2001.
You may have legal rights to defeat the judgment or to prevent your money or
property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM
THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS
AFTER THE DATE ON wmCH THIS NOTICE IS SERVED ON YOU OR YOU
MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
.
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Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa. 17013
TELEPHONE 1-717-249-3166
JACK F. REAM, ESQUIRE
KAIN, BROWN & ROBERTS LLP
119 EAST MARKET STREET
YORK, PA 17401
LD. #10241
PHONE 1-717-843-8968
FAX 1-717-856-6676
ATTORNEY FOR PLAINTIFF
ALLFIRST BANK
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL DMSION: LAW
ALLFIRST BANK, SUCCESSOR TO
DAUPHIN DEPOSIT BANK AND
TRUST COMPANY,
NO 2000 -796 CIVIL TERM
:
Plaintiff
vs.
H. DANIEL BJEIGH, III AND
ONEIDA H. BEIGH
Defendants
PETITION TO STRIKE JUDGMENT
REQUEST FORPROMPTHEAlUNG
We hereby certify that we did not voluntarily, intelligently and knowingly give up
our right to notice and hearing prior to the entry of judgment. We petition the court to
strike the judgment on this ground and request a prompt hearing on this issue.
We verify that the statements made in this Request for a Hearing are true and
correct. We understand that false statements herein are made subject to the penalties of
18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Notice of the hearing should be given to us at:
H. DANIEL BEIGH, III
2300 FOXFIRE CIRCLE
MECHANICSBURG, PA. 17055
ONEIDA H. BEIGH
2300 FOXFIRE CIRCLE
MECHANICSBURG, PA. 17055
Dated:
2000
H. Daniel Beigh, III
Oneida H. Beigh
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ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION. LAW
H. DANIEL BEIGll, III, and
ONEIDA H. BEIGll,
No. 2000.796 Civil Term
Defendants
NOTICE PURSUANT TO PA. R.C.P. 3129.2
NOTiCE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment
or tax lien against the real estate of H. DANIEL BEIGH, III and ONEIDA H. BEIGH, situate at:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Pennsylvania,
more particularly described in Exhibit "A"
(LIST OF LIEN HOLDERS AND ADDRESSES):
Hempt Brothers, Inc.
205 Creek Road
Carop Hill, PA 17011
EMC Mortgage Corp.
222 W. Las Colinas Blvd., Suite 600
Irving, TX 75039
You are hereby notified that on Wednesday, March 7, 2001, at 1000 A.M., Prevailing Time, by virtue ofa
Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the
judgment of ALLFIRST BANK, Successor to Dauphin Deposit Bank and Trust Company, Plaintiff, vs. H.
DANIEL BEIGH, III, and ONEIDA H. BEIGH, Defendants, No. 2000-796 Civil Term, the Sheriff of
Cumberland County, pennsylvania, will expose at Public Sale in the Sheriff's Office in the Cumberland
ComIty Court House, One Court House Square, Carlisle, Pennsylvania, real estate of Defendants, H.
DANIEL BEIGH, III, and ONEIDA H. BEIGH, known and numbered as 2300 Fox Fire Circle, Upper
Allen Township, Mechanicsburg, Commonwealth of Pennsylvania. A description of said real estate is
hereto attached.
You are further notified that a Schedule of Proposed Distribution will be fIled by the Sheriff of
Cumberland County on March , 200 I, and distribution will be made in accordance with the Schedule
unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by the sale
and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale.
Date: /VtN. / , 2000
KAIN, BROWN & ROBERTS LLP
BY:~
Jack F R, Esquire
119 East Market Street
York, PA 17401
Telephone: 1-717-843-8968
Fax: 1.717.846-6676
Attorneyl.D.#10241
Attorney for Plaintiff
AlIfirst Bank
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ALL THAT CERTAIN lot or tract ofland situate in the northwest side of Foxfire Circle, in
the township of Upper Allen, County of Cumberland, and Conunonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfire Circle; thence along Foxfire
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of 35.00
feet, an arc length of27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, PA 17055
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ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company,
Plaintiff
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IN THE COURT OF COMMO~PLW
OFCUMBERLANDCOU~ ~
PENNSYLVANIA ~~!;
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No. 2000-796 Civil Term >2
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vs.
CIVIL ACTION - LAW
H. DANIEL BEIGH, III, and
ONEIDt\ H. BEIGH,
Defendants
NOTICE PURSUANT TO PA. R.C.P. 3129.2
NOTiCE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment
or tax lien against the real estate of H. DANIEL BEIGH, 1lI and ONEIDA H. BEIGH, situate at:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Pennsylvania,
more particularly described in Exhibit "A"
(LIST OF LIEN HOLDERS AND ADDRESSES):
Hempt Brothers, Inc.
205 Creek Road
Carop Hill, PA 17011
EMC Mortgage Corp.
222 W. Las Colinas Blvd., Suite 600
Irving, TX 75039
You are hereby notified that on Wednesday, March 7, 2001, at 1000 A.M., Prevailing Time, by virtue of a
Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the
judgment of ALLFIRST BANK, Successor to Dauphin Deposit Bank and Trust Company, Plaintiff, vs. H.
DANIEL BErGH, III, and ONEIDA H. BEIGH, Defendants, No. 2000-796 Civil Term, the Sheriff of
Cumberland County, Pennsylvania, will expose at Public Sale in the Sheriff's Office in the Cumberland
County Court House, One Court House Square, Carlisle, Pennsylvania, real estate of Defendants, H.
DANIEL BEIGH, III, and ONEIDA H. BEJGH, known and numbered as 2300 Fox Fire Circle, Upper
Allen Township, Mechanicsburg, Cornmonwealth of Pennsylvania. A description of said real estate is
hereto attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of
Cumberland County on April 7, 200 I, and distribution will be made in accordance with the Schedule
unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by the sale
and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale.
Date: ,vi)v. I
,2000
KAIN, BROWN & ROBERTS LLP
BY:~
ac , squire
119 East Market Street
York, PA 17401
Telephone: 1-717-843-8968
Fax: 1-717-846.6676
Attorney I.D. #10241
Attorney for Plaintiff
Allfirst Bank
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ALL THAT CERTAIN lot or tract ofland situate in the northwest side of Foxfire Circle, in
the township of Upper Allen, County of Cumberland, and Conunonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfrre Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfrre Circle; thence along Foxfire
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of35.00
feet, an arc length of27.54 feet toa point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL DIVISION: LAW
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust
Company,
No. 2000-796 Civil Term
Plaintiff
vs.
H. DANIEL BEIGH, III and
ONEIDA H. BEIGH,
Defendants
CERTIFICATE OF SERVICE OF NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO PENNSYL VANIA
RULE OF CIVIL PROCEDURE RULE 3129.2 - NOTICE TO DEFENDANTS
1, Jack F. Ream, Esquire, attorney for ALLF1RST BANK, Plaintiff in the above-
captioned matter, hereby certify that on November 1, 2000, 1 caused a copy of the "Notice of
Sheriff's Sale of Real Property Pursuant to Pennsylvania Rule of Civil Procedure 3129.2"
("Notice"), which is attached hereto, marked Exhibit "A" and incorporated herein by reference
hereto, to be served upon the following parties by United States Mail, certified mail, return
receipt requested, postage prepaid and by regular mail by depositing the "Notice" in the United
States Post Office in York, Pennsylvania, addressed to the following parties at the following
address:
H. Daniel Beigh, 111
2300 Fox Fire Circle
Mechanicsburg, PA 17055 .
Certified Mail #Z 055 875 803
Oneida H. Beigh
2300 Fox Fire Circle
Mechanicsburg, PA 17055
Certified Mail #Z 055 875 802
Dated: ~~ 1 2000
KAlN, BROWN & ROBERTS LLP
6~
d~am, Esquire
119 East Market Street
York, PA 17401
l.D. No. 10241
Phone 1-717-843-8968
Fax 1-717-846-6676
Attorney for Plaintiff
Allfirst Bank
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
CIVIL ACTION - LAW
H. DANIEL BEIGH, III, and
ONEIDA H. BEIGH,
NO. 2000-796 CIVIL TERM
Defendants
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, March 7, 2001, at
10:00 a.m., in the Sheriff's Office, Cumberland County Court House, One Court House Square, Carlisle,
Pennsylvania.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of
a statement of the measured boundaries of the property, together with a brief mention of the buildings and
any other major improvements erected on the land.
(SEE DESCRIPTiON ATTACHED)
THE LOCATiON OF your property to be sold is:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Cumberland
County, Pennsylvania, and more particularly described in Exhibit A.
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
AllflfSt Bank, Successor to Dauphin Deposit Bank and Trust Company,
Plaintiff, vs. H. Daniel Beigh, III and Oneida H. Beigh, Defendant
The naroe of the owner or reputed owner of this property is:
H. Daniel Beigh, III and Oneida H. Beigh
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by
the Sheriff (for exarople, to banks that hold mortgages and municipalities that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance
with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10)
days of the date it is filed. Information about the schedule of distribution may be obtained frorn the Sheriff
of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House,
One Court House Square, Carlisle, pennsylvania, Telephone: 1-717-240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is ajudgment against you. It may cause your property to be
held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from
being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,
you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE
LEGAL ADVICE:
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone: 1-717.249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County to open the
judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the saroe Court if you are aware of a legal
defect in the obligation or procedure used against you.
2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
must be filed before the Sheriff's Deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of Cumberland County at one of the Court's
regularly scheduled business court sessions. The petition must be served on the attorney for the
creditor at least two (2) business days before presentation to the Court and a proposed order or rule
must be attached to the petition. If a specific return date is desired, such date must be obtained
from the Court Administrator, Cumberland County Court House, One Court House Square,
Carlisle, pennsylvania 17013.
Dated:
,2000
KAIN, BROWN & ROBERTS LLP
By:
Jack F. Rearo, Esquire
119 East Market Street
York, PA 17401
Telephone: 1.717-843-8968
Fax: 1-717-846-6676
Attorney I.D.10241
Attorney for Plaintiff
AUfirst Bank
.
ALL THAT CERTAIN lot or tract of land situate in the northwest side of F oxfire Circle, in
the township of Upper Allen, County of Cumberland, and Conunonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfrre Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side of Foxfire Circle; thence along Foxfrre
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of35.00
feet, an atC length of 27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfrre Circle, Mechanicsburg, P A 17055
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300 Fox
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Sheet & Number
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2300 Fox Fire Circle
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ALLFIRST BANK, Successor to
Danphin Deposit Bank and Trnst Company,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
H. DANIEL BEIGH, III, and
ONEIDA H. BEIGH,
No. 2000-796 Civil Term
.
Defendants
SUPPLEMENTAL
NOTiCE PURSUANT TO PA. R.C.P. 3129.2
NOTiCE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment
or tax lien against the real estate of H. DANIEL BEIGH, III and ONEIDA H. BEIGH, situate at:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Pennsylvania,
more particularly described in Exhibit "A"
(LIST OF LIEN HOLDERS AND ADDRESSES):
Gregory R. Hess
14 Stoney Spring Lane
Carop Hill, P A 17011
Toinette L. Hess
14 Stoney Spring Lane
Carop Hill, P A 17011
Pennsy Supply, Inc.
100 I Paxton Street
P.O. Box 3331
Harrisburg, P A 17105
You are hereby notified that on Wednesday, March 7, 2001, at 1000 A.M., Prevailing Time, by virtue ofa
Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the
judgment of ALLFIRST BANK, Successor to Dauphin Deposit Bank and Trust Cornpany, Plaintiff, vs. H.
DANIEL BEIGH, III, and ONEIDA H. BEIGH, Defendants, No. 2000-796 Civil Term, the Sheriff of
Cumberland County, Pennsylvania, will expose at Public Sale in the Sheriff's Office in the Cumberland
County Court House, One Court House Square, Carlisle, Pennsylvania, real estate of Defendants, H.
DANIEL BEIGH, III, and ONEIDA H. BEIGH, known and numbered as 2300 Fox Fire Circle, Upper
Allen Township, Mechanicsburg, Commonwealth of Pennsylvania. A description of said real estate is
hereto attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of
Cumberland County on April 7, 2001, and distribution will be made in accordance with the Schedule
unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by the sale
and that you have an opportunity to protect your interest, jf any, by being notified of said Sheriff Sale.
Date: December 8 , 2000
KAIN, BROWN & ROBERTS LLP
Br~
Jack F. Rearo, Esquire
I 19 East Market Street
York, PA 17401
Telephone: 1-717-843-8968
Fax: 1-717-846-6676
Attorney I.D. #10241
Attorney for Plaintiff
AllflfSt Bank
~
" ,~,
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-,-,-'.'
ALL THAT CERTAIN lot or tract ofland situate in the northwest side ofFoxfire Circle, in
the township of Upper Allen, County of Cumberland, and Conunonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
. right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfire Circle; thence along Foxfire
Circle, along a curve to the left, having a radius of435.00 feet, an arc length of247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of 35.00
feet, an arc length of27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, P A 17055
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust
Company,
No. 2000-796 Civil Term
Plaintiff
vs.
H. DANIEL BEIGH, ill and
ONEIDA H. BEIGH,
Defendants
CERTIFICATE OF SERVICE OF ADDITIONAL NOTICE OF SHERIFF'S SALE OF REAL
PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE
RULE 3129.2 - NOTICE TO LIEN HOLDERS
I, Jack F. Ream, Esquire, attorney for ALLFIRST BANK, Plaintiff in the above-captioned rnatter,
hereby certify that on December 8, 2000, I caused a copy of the "Notice To Creditors Pursuant to
Pennsylvania Rule of Civil Procedure 3129.2" ("Notice"), which is attached hereto, rnarked Exhibit "A"
and incorporated herein by reference hereto to be served upon the following parties by United States
Mail, certified rnail, return receipt requested, postage prepaid and by regular mail by depositing the
"Notice" in the United States Post Office in York, Pennsylvania, addressed to the following parties at the
following addresses:
Gregory R. Hess
14 Stoney Spring Lane
Camp Hill, PA 17011
Cert. Mail #Z 055875818
Toinette L. Hess
14 Stoney Spring Lane
Camp Hill, PA 17011
Cert. Mail #Z 055875 819
Pennsy Supply, Inc.
1001 Paxton Street
P.O. Box 3331
Harrisburg, PA 17105
Cert. Mail #Z 055 875 832
Dated: December 29, 2000
KAIN, BROWN & ROBERTS LLP
By: ~-...........,"
Jack F. Ream, Esquire
119 East Market Street
York,PA 17401
!.D. 10241
Telephone: 1-717.843-8968
Fax: 1.717-846-6676
. Attorney for Plaintiff
Allfirst Bank
'.
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
CIVIL ACTION - LAW
H. DANIEL BEIGH, III, and
ONEIDA H. BEIGH,
No. 2000-796 Civil Term
..
Defendants
SUPPLEMENTAL
NOTiCE PURSUANT TO PA. RoC.P. 3129.2
NOTiCE IS HEREBY GIVEN to the following parties who hold one or more rnortgage, judgment
or tax lien against the real estate of H. DANlEL BEIGH, lIT and ONEIDA H. BElCH, situate at:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Pennsylvania,
more particularly described in Exhibit "A"
(LIST OF LIEN HOLDERS AND ADDRESSES):
Gregory R. Hess
14 Stoney Spring Lane
Carop Hill, PA 17011
Toinette L. Hess
14 Stoney Spring Lane
Carop Hill, P A 17011
Pennsy Supply, Inc.
100 I Paxton Street
P.O. Box 3331
Harrisburg, P A 17105
You are hereby notified that on Wednesday, March 7, 2001, at 1000 A.M., Prevailing Time, by virtue ofa
Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the
judgment of ALLFIRST BANK, Successor to Dauphin Deposit Bank and Trust Company, Plaintiff, vs. H.
DANIEL BEIGH, III, and ONEIDA H. BEIGH, Defendants, No. 2000-796 Civil Term, the Sheriff of
Cumberland County, Pennsylvania, will expose at Public Sale in the Sheriff's Office in the Cumberland
County Court House, One Court House Square, Carlisle, Pennsylvania, real estate of Defendants, H.
DANIEL BEIGH, III, and ONEIDA H. BEIGH, known and numbered as 2300 Fox Fire Circle, Upper
Allen Township, Mechanicsburg, Commonwealth of Pennsylvania. A description of said real estate is
hereto attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of
Cumberland County on April 7, 200 I, and distribution will be made in accordance with the Schedule
unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by the sale
and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale.
Date: December 8 , 2000
KAIN, BROWN & ROBERTS LLP
BY:~
Jack F. Rearo, Esquire
119 East Market Street
York, PA 17401
Telephone: 1-717-843-8968
Fax: 1.717-846-6676
Attorneyl.I>.#I0241
Attorney for Plaintiff
AlIfirst Bank
LLl '
,,'-.'-
c_
" ~ ~
. .
ALL THAT CERTAIN lot or tract ofland situate in the northwest side of Foxfire Circle, in
the township of Upper Allen, County of Cumberland, and Conunonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
. right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side of Foxfire Circle; thence along Foxfire
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of35.00
feet, an arc length of27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Al1enview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfrre Circle, Mechanicsburg, P A 17055
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so that we can return the ~ard to yo_u.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
D. I elivery address different fro 11
If YES, enter delivery address below:
pennsy Supply, Inc.
1001 Paxton Street
P.o. Box 3331
Harrisburg, PA 17105
3. Service Type
}CJ Certified Mail
o Registered
o Insured Mail
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o Return Receipt for Merchandise
D C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
2. Article Number (Copy from service label)
Z, 05~\ ',eq~ \8[3:2 ,'.
PS Form 3811, July 1999
10259S-00.M-0952
Domestic Return Receipt
. _Complete items 1, 2, and 3. Also complete
i item 4 if Restricti;!d Delivery is desired.
. Pririt YQ!ur n~me ,aDd address on the reverse
so that y.te cali 'Murn the card to you.
. Attach this card to the back of the mailpiece,
or-on the front if space permits.
1. Article Addressed to:
D. Is delivery address different from item 1?
If YES, enter delivery address below:
o Agent
o Addressee
DYes
D No
Gregory R. Hess
14 Stoney Spring Lane
Camp Hill, PA 17011
3. Service Type
W Certified Mail
D Registered
D Insured Mail
o Express Mail
o Return Receipt for Merchandise
DC.O.D.
4. Restricted Delivery? (Extra Fee)
Dyes
2. Article Number (Copy from service label)
Z 0'\5;; ~15. ~18 ..,!
PS Form 3811, July 1999 Domestic Return Receipt
10259S-99-M-1789
.,'. tomplete items 1,2, and 3. Also complete
item' 4 if Restripted Delivery is desired.
. p~n!. yqur name and address on the reverse
so tIlat we can 'return the_ card to you.
'.,I!I Attach this card to the back of the mailpiece,
" ot"di1 th~ front if space permits.
1. Article Addressed to:
D. ]s delivery address different from item 1?
If YES, enter delivery address below:
D Agent
D Addressee
DYes
DNa
Toinette L. Hess
14 Stoney Spring Lane
Camp Hill, PA 17011
3. Service Type
}{O[ Certified Mail
D Registered
o Insured Mail
D Express Mail
o Return Receipt for Merchandise
Dc.o.o.
4. Restricted Delivery? (Extra Fee)
DYes
2. Article Number (Copy from service label)
Z 055 875 819
PS Form 3811, July 1999 Domestic Return Receipt
10259S-99-M-1789
~
Z 055 875 818
US Postal s'ervlce
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
~~egory R. Hess
&~!N~roney Spring Lane
Post Office, state, & ZIP Code
Cam Hill PA 17011
Postage $
Z 055 875 832
Special Delivery F'ee
US Postal Sliivice
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for IntemaUonaf Mail See reverse
~Mhnsy Supply, Inc.
street & Number
1001 Paxton Street
PostOflice.~.,&ZIPCode P Bo~ 331
Harrlsbur , pA 171U~
P~ $
Certified Fee
Restricted Delivery fee
U')
m Return Receipt Showing to
..... Whom & Date Delivered
~ RebJm Rece\ltShowilg to Whom,
<( Date, & Addressee's Address
o
o TOrAL Postage &Fees $
CD
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Special Delivery Fee
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u. Restricted De!very Fee
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. Z 1355 875 819
us Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mali ISee ravellle)
Se~IO. tt L. Hess
Olne e
&1elf~bneySpring Lane
Post Office, StaIR' & ZIP Code 17011
Camp ill, PA
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
U')
'" Retum Receipt Showing to
'"
~ Whom & Date Delivered
~ Relum Receipt SllowiII 10 Whom,
Date, & Addressee's Address
0 TOTAL Postage & Fees $
0
CD
... Postmark or Date
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& Allfirst/Phoenix
(j)
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.,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DMSION: LAW
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust
Company,
No. 2000-796 Civil Term
Plaintiff
vs.
H. DANIEL BEIGH, III and
ONEIDA H. BEIGH,
Defendants
CERTIFICATE OF SERVICE OF NOTICE OF SHERIFF'S SALE OF REAL
PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE
RULE 3129.2 - NOTICE TO LIEN HOLDERS
I, Jack F. Ream, Esquire, attorney for ALLFIRST BANK, Plaintiff in the above-
captioned matter, hereby certify that on November 1,2000, I caused a copy of the ''Notice To
Creditors Pursuant to Pennsylvania Rille of Civil Procedure 3129.2" (''Notice''), which is
attached hereto, marked Exhibit "A" and incorporated herein by reference hereto to be served
upon the following parties by United States Mail, certified mail, return receipt requested, postage
prepaid and by regular mail by depositing the ''Notice'' in the United States Post Office in York,
Pennsylvania, addressed to the following parties at the following addresses:
Hempt Bros., Inc.
205 Creek Road
Camp Hill, P A 17011
Certified Mail #Z 055 875 801
EMC Mortgage Corporation
222 W. Las Colinas Blvd., Suite 600
Irving, TX 75039
Certified Mail #Z 055 875 800
D~ed: December 29, 2000
KAlN, BROWN & ROBERTS LLP
~
. . Ream, Esquire
119 East Market Street
York, PA 17401
I.D. 10241
Telephone: 1-717-843-8968
Fax: 1-717-846-6676
Attorney for Plaintiff
Allfrrst Bank
.
,
.'"
ALLFIRST DANII(, Successor to
Dauphin Deposit Dank and Trust Company,
Plaintiff
IN THE COURT OF COMMQIll P~S '9i
OF CUMBERLAND COUNTli ~
PENNSYLVANIA -UCD Cl
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CIVILACTION-LAW Zt;::
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No. 2000-796 Civil Term ~o
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vs.
H. DANIEL DEIGH, III, and
ONEIDA H. DEIGH,
Defendants
NOTiCE PURSUANT TO PA. R.C.P. 3129.2
NOTiCE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment
or tax lien against the real estate of H. DANIEL BEIGH, III and ONEIDA H. BEIGH, situate at:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Pennsylvania,
rnore particularly described in Exhibit "A"
(LIST OF LIEN HOLDERS AND ADDRESSES):
Hernpt Brothers, Inc.
205 Creek Road
Carop Hill, P A 17011
EMC Mortgage Corp.
222 W. Las Colinas Blvd., Suite 600
Irving, TX 75039
\
You are hereby notified that on Wednesday, March 7, 2001, at 1000 A.M., Prevailing Time, by virtue ofa
Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the
judgment of ALLFIRST BANK, Successor to Dauphin Deposit Bank and Trust Company, Plaintiff, vs. H.
DANIEL BEIGH, III, and ONEIDA H. BEIGH, Defendants, No. 2000.796 Civil Term, the Sheriff of
Cumberland County, Pennsylvania, will expose at Public Sale in the Sheriff's Office in the Cumberland
County Court House, One Court House Square, Carlisle, Pennsylvania, real estate of Defendants, H.
DANIEL BEIGH, III, and ONEIDA H. BEIGH, known and numbered as 2300 Fox Fire Circle, Upper
Allen Township, Mechanicsburg, Commonwealth of Pennsylvania. A description of said real estate is
hereto attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of
Cumberland County on Afr:iL 7 , 200 I, and distribution will be made in accordance with the Schedule
unless exceptions are filed thereto within too (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by the sale
and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale.
Date: t% iJJ )
,2000
KAIN, BROWN & ROBERTS LLP
B~
. squire
119 East Market Street
York, PA 17401
Telephone: 1-717.843.8968
Fax: 1-717-846-6676
Attorney J.D. #10241
Attorney for Plaintiff
AlIfirst Bank
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ALL THAT CERTAIN lot or tract ofland situate in the northwest side ofFoxfire Circle, in
the township of Upper Allen, County of Cumberland, and Conunonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfire Circle; thence along Foxfrre
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of35.00
feet, an arc length of27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, P A 17055
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LIS Postal Service
Receipf for Certified Mail
No Insurance Coverage Provided.
Do not use for IntemationaJ Mail (See reverse)
SI",tto
EMC Mortgage Corp.
~~N'W~r Las Colinas Bh
Post Office, State, & ZIP Code ~!E.~~ ouu
Irving, TX 75039
Postage $
CettifiedFee.,
Special Oelively Fee
Restricled Deli""'l' Fee
RetumAecelpt Showing to
Whom & Dele DeB....d
Relum Receipt Showing ~ Whom,
Dale,&_~_
toTAL Postage & Fees $
Postmatk or Date
Allfirst/Beigh .
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US Postal ServIce
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mail (See reverse)
Bent to Inc.
Hempt Bros. ,
~~Nu~reek Road
Post Office, Slate, 'i~ Code 17011
Camp H1 ,FA
postage $
Ce11lfiedFee
Special Oelively Fee
Restricted Delive!y Fee
Retum Receipt Showing to
Whom & Date Delivered
Re~m RoceiplShowing ~ Whom,
- Da~,&_'sAddRlss
TOTAL postage &Fees $
Postmark or Date
Allfirst/Beigh
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. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
,. Article Addressed to:
Hempt Bros., Inc':
205 Creek Road
Camp Hill, PA 17011
o Agent
o Addressee
DYes
o No
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3. Service Type
Xl Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
Dyes
2. - Article Number (Copy from service label)
Z 055 875 801
PS Form 3811, July 1999 Domestic Return Receipt
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company,
Plaintiff
No. 2000-796 Civil Term
vs.
H. DANIEL BEIGH, III, and ONEIDA H.
BEIGH,
Defendants
AMENDED
AFFIDAVIT PURSUANT TO RULE 3129.1
JACK F. REAM, ESQUIRE, Attorney for Plaintiff in the above action, sets forth as of the date of the
praecipe for the writ of execution was flIed to following information concerning the real property located at:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Cumberland
County, Pennsylvania, and more particularly described in Exhibit A.
1. Naroe and Address ofOwner(s) or Reputed Ownet(s):
Name
H. Daniel Beigh, III and
Oneida H. Beiqh
Address (if address cannot be
reasonably ascertained, please
ro indicate)
2300 Fox Fire Circle
Mechanicsburg, PA 17055
2.
Naroe and Address of Defendant(s) in the Judgment:
Naroe
Address (if address cannot be
reasonably ascertained, please
so indicate)
2300 Fox Fire Circle
Mechanicsburg, PA 17055
H. Daniel Beigh, III and
Oneida H. Beiqh
3.
Naroe and Address of every Judgment Creditor whose judgment is a record
lien on the real property to be sold:
Naroe
Address (if address cannot be
reasonably ascertained, please
so indicate)
3607 Derry St., Harrisburg, PA 17111
205 Creek Road, Camp Hill, PA 17011
14Stoney Sorinq Lane, Camp Hill, PA 17011
Allfirst Bank
ppmpt Rrntnpr~. Tnc.
~~Q~~ry R RQ~~ ~nn
Toinette L. Hess
4.
Naroe and Address of the last recorded holder of every rnortgage of record:
Naroe
Address (if address cannot be
reasonably ascertained, please
so indicate)
Allfirst Bank
EMC Mortqaqe Corporation
3607 Derry
222 W. Las
Irving. TX
street, Harrisburg, PA 17111
Colinas Blvd., Suite 600
75039
5.
Naroe and Address of every other person who has any record lien on their
property:
Naroe
Address (if address cannot be
reasonably ascertained, please
so indicate)
6.
Naroe and Address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
~
Address (if address cannot be
reasonably ascertained, please
so indicate)
7.
Name and Address of every other person of who the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Naroe
Address (if address cannot be
reasonably ascertained, please
so indicate)
I verify that the staternents made in this affidavit are true and correct to the best of rny personal knowledge
Of information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S.
Sec. 4904 relating to unsworn falsification to authorities.
Dated: November 20, 2000 ~ --
~aefi~,Esq.
Kain, Brown & Roberts LLP
119 East Market Street
York, PA 17401
Telephone (717) 843.8968
Fax (717) 846-6676
Attorney I.D. No. 10241
Attorney fOf Plaintiff
AJlf"rrst Bank
.- . . ..
ALL THAT CERTAIN lot or tract ofIand situate in the northwest side ofFoxfire Circle, in
the township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side ofFoxflre Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfrre Circle; thence along Foxfrre
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of 35.00
feet, an arc length of 27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, P A 17055
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Allfirst Bank, successor to Dauphin Deposit
Bank and Trust Company
VS
H. Daniel Beigh, III and Oneida H. Beigh
~" .'~
In The Court of Conunon Pleas of
Cumberland County, Pennsylvania
No. 2000-796 Civil
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ
is returned STAYED.
Sheriff s Costs:
Docketing
Poundage
Posting Bills
Advertising
Law Library
County
Levy
Postpone Sale
Surcharge
Certified mail
Mileage
Law Journal
Patriot News
Share of Bills
30.00
13.38
15.00
15.00
.50
1.00
15.00
20.00
30.00
1.82
14.88
284.00
216.27
25.57
$ 682.42
Sworn and Subscribed to Before Me
This Vi"- day of ~
2001, A.D. ~",. 0 /h.,,%.. ~ #
r thonotary
paid by attorney
06.11.01
soan2 ~
~ ~-t:.r~ u
R. Thomas Kline, Sheriff
B
S: S fYI.ith
uty Sheriff
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tk. 3d 9L,'l
j~, i136:i3
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.-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company,
Plaintiff
No. 2000-796 Civil Term
vs.
H. DANIEL BErGH, 1II, and ONEIDA H.
BEIGH,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
JACK F. REAM, ESQUIRE, Attorney for Plaintiff in the above action, sets forth as ofthe date of the
praecipe for the writ of execution was filed to following information concerning the real property located at:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Curnberland
County, Pennsylvania, and more particularly described in Exhibit A.
I.
Naroe and Address ofOwner(s) or Reputed Owner(s):
Naroe
Address (if address cannot be
reasonably ascertained, please
so indicate)
H. Daniel Beigh, III and
Oneida H. Beigh
2300 Fox Fire circle
Mechanicsburq, PA 17055
2.
Name and Address ofDefendant(s) in the Judgment:
Naroe
Address (if address cannot be
reasonably ascertained, please
so indicate)
H. Daniel Beigh, III and
Oneida H. Beiqh
2300 Fox Fire Circle
Mechanicsburq. PA 17055
3.
Naroe and Address of every Judgment Creditor whose judgment is a record
lien on the real property to be sold:
Naroe
Address (if address cannot be
reasonably ascertained, please
so indicate)
Alltirst Bank
Hempt Brothers. Inc.
3607 Derry St. , Harrisburg, PA 17111
205 Creek Road. Camp Hill, PA 17011
't,
"- .
4.
Naroe and Address ofthe last recorded holder of every mortgage of record:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
3607 Derry Street, Harrisburg, PA 17111
222 W. Las Colinas Blvd., Suite 600
Irvinq, TX 75039
Allfirst Bank
EMC Mortqaqe Corporation
5.
Naroe and Address of every other person who has any record lien on their
property:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
6.
Name and Address of every other person who has any record interest in
the property and whose interest may be affected by the sale,
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
7.
Naroe and Address of every other person of who the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
~
Address (if address cannot be
reasonably ascertained, please
so indicate)
J,
", ~ "
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I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge
or information and belief. I understaod that false statements herein are made subject to the penalties of 18 P A C.S.
Sec. 4904 relating to unsworn falsification to authorities.
~
Kain, Brown & Roberts LLP
119 East Market Street
York, PA 17401
Telephone (717) 843.8968
Fax (717) 846.6676
Attorney J.D. No. 10241
Attorney for Plaintiff
AlIfirst Bank
Dated: November 1, 2000
..
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.
. .
ALL THAT CERTAIN lot or tract of land situate in the northwest side of F oxfire Circle, in
the township of Upper Allen, County of Cumberland, and Conunonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side of Foxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Company
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfrre Circle; thence along Foxfire
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of247.31 feet to a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of35.00
feet, an arc length of27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, P A 17055
(~'
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ALLFIRST BANK, Successor to
Dauphin Deposit Bank and Trust Company
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
CIVIL ACTION. LAW
H. DANIEL BEIGH, III, and
ONEIDA H. BEIGH,
NO. 2000-796 CIVIL TERM
Defendants
NOTiCE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTiCE:
That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, March 7, 2001, at
10:00 am., il) the Sheriff's Office, Cumberland County Court House, One Court House Square, Carlisle,
Pennsylvania.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of
a statement of the measured boundaries of the property, together with a brief mention of the buildings and
any other major improvements erected on the land.
(SEE DESCRIPTION A IT ACHED)
THE LOCATiON OF your property to be sold is:
2300 Fox Fire Circle, Upper Allen Township, Mechanicsburg, Cumberland
County, Pennsylvania, and more particularly described in Exhibit A.
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
AUfirst Bank, Successor to Dauphin Deposit Bank and Trust Company,
Plaintiff, vs. H. Daniel Beigh, III and Oneida H. Beigh, Defendant
The name of the owner or reputed owner of this property is:
B. I)aniel Beigh, III and Oneida H. Beigh
A SCHEDULE OF DISTRIBUTiON, being a list of the persons and or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by
the Sheriff (for exarople, to banks that hold rnortgages and municipalities that are owed taxes), will be filed
by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance
with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10)
days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff
of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House,
One Court House Square, Carlisle, Pennsylvania, Telephone: 1-717-240.6390.
THIS PAPER IS A NOTICE OF THE TiME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. .It may cause your property to be
held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from
being taken. A lawyer can advise you more specificaUy of these rights. If you wish to exercise your rights,
you must act promptly.
,.~~~~
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,-,'n1:i
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE
LEGAL ADVICE:
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PAl 70 13
Phone: 1.717-249.3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
I. You may file a petition with the Court of Common Pleas of Cumberland County to open the
judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the saroe Court if you are aware of a legal
defect in the obligation or procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
must be filed before the Sheriff's Deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of Cumberland County at one of the Court's
regularly scheduled business court sessions. The petition must be served on the attorney for the
creditor at least two (2) business days before presentation to the Court and a proposed order or rule
must be attached to the petition. If a specific return date is desired, such date must be obtained
from the Court Administrator, Cumberland County Court House, One Court House Square,
Carlisle, Pennsylvania 17013.
Dated: /V{)/'- J
,2000
KAIN, BROWN & ROBERTS LLP
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Jac.e nir
I 19 East arket Street
York, PA 17401
Telephone: 1-717-843-8968
Fax: 1.717-846.6676
Attorney LD. 10241
Attorney for Plaintiff
Allfirst Bank
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ALL THAT CERTAIN lot or tract ofland situate in the northwest side of Foxfire Circle, in
the township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania,
being more fully bounded and described as follows:
BEGINNING at a point on the northwest side ofFoxfire Circle, at line of Lot 37 on the
hereinafter mentioned Plan of Lots; thence along Lot 37, North 32 degrees 33 minutes 02
seconds West, a distance of 477.04 feet to a point, being the center line of a P.P.&L. Cornpany
right of way; thence along said center line, North 79 degrees 41 minutes 30 seconds East, a
distance of 476.72 feet to a point on the western side ofFoxfire Circle; thence along Foxfire
Circle, along a curve to the left, having a radius of 435.00 feet, an arc length of 247.3 I feetto a
point; thence continuing along same, South 28 degrees 53 minutes 08 seconds West, a distance
of258.85 feet to a point; thence along same, along a curve to the left, having a radius of 35.00
feet, an arc length of 27.54 feet to a point; thence continuing along same, along a curve to the
right having a radius of 50.00 feet, an arc length of 14.43 feet to a point, the place of
BEGINNING.
BEING Lot No. 38, on a Plan of Allenview, Stage 1, Section B, as recorded in Subdivision
Plan Book 38, Page 13.
KNOWN AND NUMBERED 2300 Foxfire Circle, Mechanicsburg, P A 17055
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-796 CIVIL # Term
CIVIL ACTION. LAW
TO THE SHERIFF OF Cumberland
To satisfy the debt, interest and costs due
COUNTY:
ALLFIRST BANK
PLAINTIFF(S)
from H. Daniel Heigh, III and Oneida H. Beiqh; 2300 Fox Fire Circle, Upper Allen Township,
Mechanicsburg, PA 17055
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
See Leagal Description
(2) You are also directedto'attath the)propertyof the detendant(s) not levi~d upon in the possession of
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GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of thedefe.llc;fl!bl(S) not l~,!i~cj'lJPOD an subject to attachment i~ fC?undintheposs~ssion of anyone other
than a named garnishee. yo~aredirect,e~to "-Cltif~him/herthat he/she has been addea as a garnishee and is enjoined as above
stated.
AmountDue $287,500.00
From 2/10/00 to 11/1/00
Interest $1?, ~?< q7
Atty's Comm %
Atty Paid S1? 00
Plaintiff Paid
L.L. .50c;,
Due Prothy $1. 00
Other Costs
Date: Ncrvember 1, 2000
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Curtis R.
by:
REQUESTING.PA~TY:
Name Jack F. R~am. 'Esq;
Address: 119 E. Market Street
york, PA 17401
Attorney for: plaintiff
Telephone: (717) 843-8968
Supreme Court ID No. 10241
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REAL EST/liE ~i1lL 1~GJJ, Zv.
"il /Y1..w t .rl. 3~:ZOO the sheriff levied upon the defenaar""
interest in the real property situated in Uf/h JlltL ~A.1I2~A
Cumberland County, Pa., known lnd numbered as~..m ;:;p J::.. .d:..A
rffIetA.-w.l~lr and more f .\::ibed on Exhibit "A" filed with
his writ and by this releI"i3nc,: 'ilcci1lOrated herein.
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