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Home My WebLink About01-1311 FX . ..1 , , , ~ - . .",,,,, :.-;arr~ ,:" I '"~j;j;k . . WRIT OF EX~~TION and/or ATTACHMENT , " " ; ",J ! ~ tOMMONWEALTH OF PENNSYLVANIA) NO. COUNTY OF CUMBERLAND) ()1 1111 CIVIL~ CIVIL ACTION" LAW TO THE SHERIFF OF r, rrnh..r1 "'nn COUNTY: To satisfy the debt, interest and costs due Susan R. Mumma. Trustee. Robert M. Mumma. II. Grantor Retained Annuity Trust PLAINTIFF(S) from Gemini Equipment Canoanv. Inc. n/k/a Gemini Eauipment Business Trust and Mann Realty Associates, Inc. Box E Bowmansdale. Pa. 17008 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell As specifically identified on Exhibit A hereto (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notny 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 the defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other than a named garnishee, you are directed to notny him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $'ifi1 'i1?'iR $148,537.06 plus per diem of $185.27 Interesl frp. 3,11./n1 Atty's Comm % $?R, 17(; (;1 L.L. Due Prothy Other Costs SO.50 1 ()() Atty Paid Plainti" Paid 72.00 Date: MARCH 14. 2001 Curtis R. Lonq Prothonotary, Civil Division by: ~.R 0 ~ Deputy REQUESTING PARTY: Name Stt:~"pn R Wil1i;:rnR l<'.RlJIlirp Address: 508 North Second Stn'!et. P. O. Box 845 HArri~hlrgr p~ 171nR_nR4~ Attorney for: P1,,;nH1'1' Telephone: (717) ?14-41 R? Supreme Court ID No. 62051 ~, 1II,->lJ.dll . <----, ~ ." , ,.., ml~l};f"'''~''M,!i!jiji!'J'''~1!Hi''J'di''I>*~ :!!IiMl'itl"t' '=< ~II If "... 1'~Il!rnli~!!8~ji~l!l~1i",,-iiliiI.1 ~ , -- - - """'1IlM!'!~~' ~ 'r,=->S!"",~.~~;~~~1,:!;:w.!W\l!ii!!lT. REAL ESTATE SALE No. 5'7 i I' I , I::: ~,: Ii ,i: s c;;;J CiN c::::;:I 6=e> GViJ I: \; vd fY/~ /~:.2O()/ the snef/Tl 1&V!8a u.pon me a6iellu, i I: I II !; : interest in the real pr()(1p~ SJ'hJC....Je.d. 1'.., -vppe4 A//P-J1.J~ Cumberland County, Fh{ (nown and numoered as: - and rnor~ full'j de5eribed.{;fI Exhibit' 'A" filed Wi) 'late: 11J G.NC..J-, I q, 2 DO I this writ and by this referenc& il/corporated herein. By: i!~ CJ~ ~p.;~~ ~ '"tl (1'"'c -;t: _~ ~)~:? ..c:-- _< ;.-rc \ (.i ;\:: -;;t:.,' - 7 o 0.... -... 'i:c; __ f~rn c.f'\ ~,{;o.o , -n -' ..' - ..Jrf'\ <::> n</> ~ 'y...., ':-~ ~ %::> ....... ...- ... '""-: c:::> - ~ "~ , - -:-'" '-''''',~, . ': " : ~ 'CT NO.,l:;ALL THAT CERTAIN p,n:e! a:~l'Ofagrlculhlfallaild situate in Upper -- -J~i1ship;' Cumberland ,County. yanla. :~()re-~ particularly bounded ribedasfollows: > NG-' -'at a nail marking the 'on ~ 'of' tbe c:en\er lineS, of - :fck. Road'(T-611) aod Pennsylvania _~ ,;I14.,-,l~o.a public r(lad leadi.ng,now:- iJ\\mansda1e 'to Lisbum; 'thence in the ~ ~te~ line of said McCOm'lick Ro::ll"\ So.ufh ,_, ~1'd~ees 'SO minutes 10 seconds East, 258.14. :~mtIQ.a nail; thence. along a northern li.ne ~D~aC~~IJ.-Q:,_3_a5 ~hown i.n the survey ~here1[lafter mentioned, Soufri 66 deg'!"ees 21 . es' bO' seconds West, 811.60 feet to a thence along,the western line _of said, , o._3,'South 02 degrees 29, minutes 30 _ ds' East, 149'8.00 feet to a post; fuence , ~.og.tmUing aloJ'lg said Trad No.3, South 84 ~ :j1;fees 30 minutes 50 se'conds West, 5%.02 e\.<to a ,point t~~nce co~tinuing along a It(em hne ofT!a,c!,No.~,So~tl1 00 degrees_ minutes 50 sel:onds East 312.88 feet to a -, !-_JiltJn the 'YI, .,llO,W 'Breeches, cr,eek; thence onti.m1l'{\g~n said Creek,North 75 degrees min.utes 30 second~ West" 271.69 feet to a !IiP!lnt; tnence continuing 'in s,aid Creek, F!Jorth}2, degrees 28 minutes 30 seconds ~-'~Fro.QQ: feet to a point 10 said Creek at E~ of l,nd nOW 6r late of Jerry 1. ',%lontbence along said ,Sim,pson land, 02 degrees 11 minutes 40 seconds ~\:;~21.i7 feet to a pin' at o~ near the - s;rn-.tigh,oOfOW'Y fine of Conrail _-=- 'dy fue Reading Railroad); tltence ~Prtn66-degrees41 minutes.,4Q seconds ..... ~-l16i.SO to 'a steel rod; thence North 67 ~e:grees 30 minutes 55 seconds East, 331.86 ~ ~ci:a.p-,jjj\\, 'he pia<<! of BEGIN!;lING. - ~c-O:-r...rrA1NIf':JG 50.995 acres of ,agricultural !tl~p in_~ccord~nce, wi,th ~ SUI'\.'ey prepared: ~"6r spencer Gdbert Nauman, Jr., et al.. by ~ams County SUITeyorss dated February ti19~ Drawing E-543. ' ~CTNO.l''': ALL THAT CERTAIN tract ~r-pa:rc:el o'f land situate in Upper Allen ~:townshi'P, Cumberland Coun.fY, EI'ennsylvania, bounded and describ~d i!rj.cc;ording to' a survey p~t1 ~ade by A~rns . ::J~.OUtlty SUI'\.'eyor," J< Rtley ReddlTlg, ~~,71,: teIedSJ.\_rv.~{)r, 22361-E, dated July 20, ~ drawing #BR.272, as follo\o\o"S, to wit: - ~"BEGINNlNG at a steel rod along the :Civesmly side ofT-611 and'lands of Spencer , "':"'G. Nauman, Jr., e\ all thence along lands of ; ...-Same, South 67 degrees 30 miI'lutes 55, ~e__c_o]ld.s West, '314$2 feel to ?l steel rod in ~ ~lands formerly of Reading Company now " ~ Cohsolidated Rail CcrpQtatloh (Conrail); _ thence by lands of the sil:me and radial to . ~,ffie_ center, lip:e of the eastbo'!lnd hads. ~ fQrmerly Qf ReadinG, Company now' t;Ci,b, Q,c sQ1id~ted Ran CQ'rporation' '(Con, rail), J;]\rq~lh -30 degrees 46 lnirfu~es ~9 se~Qnds ~-West;, 44.00 feet to a steet tod; ~pence ~_~h_____eastwardly and parallel to and 25 feet ~om tl1e center line of said cracks by a ,~__, cu~~l.Q~~l1eJ~[tJlil~i!lS.~ ra_~~~_?f_ ~4i1:0~ ;~leel~_an ~aiS~ce:Qf?65,aIJfeet-nMrtror. ~orl~ 57 degrees 02 minutes 35 secondS ~--AS.~__164.9'2 feet to' a point 2S f~et' ~~easterly: frQm~e center line.. ~f said -=u<lCks._ ~m~___D~~(., tli~ ",we~~ly stde of ~rennsylva~la Rout~ 1~4; tfience along the k =-"dNes~rly ~lde ,of Penn,sylvania Roule 114 and '~611, Sou~ _ g; _~~leg~_$ 58 _ minutes 10 ~C:OJ'f, ds East, 1~.9~ feet to the plac~ of,' " ~JNl\'!!i.G." ," ~CONTAiNING19,8i2 square 'feet: ' -- ",'I)l1\CJ NQ_2: ALL THAT CERTAIN pateel ~--ttf5t 9~)<1~,d__situ~}e inJJ~er. ~nen ",,_9_wnsh.1p, eutnbetrm. Coutily, :&Eenns..ylv:ania,~. id~ntif~e,d as 1Ot- Nu; 1 on -" ~ ~bdh..ision_elan...re.'-Qrded in Cumberl:md ~u.u1y- _ Plan _Book.J9-l:-J'age --c 73/ which ~::J~t.emiS_es..:..are -bilunded and destribed as fOllows: ~:]Ec::J:IN!'JlNG at a poinrinfne center-lfne-of _ Easl1..isburn Road (S.R. 0114} at line of . lands now or fonnerly of Spencer Nauman ~r.; thence along the center line of East ~.um Road North 70 degrees 23 minutes _~ se_con.ds East, ~he distance of ~25.4S feet ':J~: _~J'~mt at line of Lot No. 6 on the -=:aforesaid subdivision plan; thenc~ along ,~~_m!~ along the_ arc of a 25.00 foot radius ",,-curve to the left: w~ich curve is subtended ~".a _chord l~'ing to the east thereof and ,~ni~ c'hord 'cias a bearing South 25 degrees ~ mmutes 31, seconds West and a 'chord ~'4!-~tance. of 3q.36 feet;, an arc __distance of- ,,::;J:9.27 feet to a point; thence continuing ~,l~ng Lot No.6, South 19 degrees 36 ,~U1JI,te:s _~_ ~~~Qmi.~LE..ag.-.Jh.e_ct.~@n,e _of ~.72 .feet to a poin!;: thence along same - ~ong. the arc ~f a 775.00 foot radius curve t~ ,,_Jh.;:..ngh~ w):nch curve is subtended by a ~ord Ivmg to, the "--est tnereof and which - W:--ch,ord hasa bearing South 12 degrees W. ;:;nmutes 26 seconds, East and a chord- ~Ista~~e __Qr201.00 feet an arc distance of ~?9r.S7. feel to ~- point; thence_ (Qntinuing ~!~,~g Lot No.6, South. 04 degrees - 42 Ptunutes_ 23 s~onds East, the distance of- _-c.200.!4Je.e_l to' a poi~t;_ thence along samet t!a~ the_ arc of a 3'2:1.00 foot.radhls curve to - ,~li.e left_ wh!ch curve is subtended bv a chord ~E? to _tli: north thereof and which chord -_ fta;s. ~ ..beanng South 40 degrees 41 minutes -?Lli.E~wnds East and a chord distance of ?8~.Wee!, aRarc dis.tance of 408.24 fl?~t to a i:iE'l?!nt; thence along same, along the arc of a :_725.00. fQot radius curve to the left which -,uTYe IS subtend~d by a chord lving -to the noit~ thereof and which chord has c1 ~eanng north 84 degrees 45 minutes 59 _s_econds East and a chord distance of 46144 ..feet~arl arc distance of 469.60 feet to a poj~t ",_thence continuing along Lot No.6, North 66 ~--d:grees 12 minutes 37 se<:onds 'East, a _dls_t~nc: of 513.24 feet to a PQint; thence ~ontinumg along Lot No.6, North 00 ,...2,egrees _ 5,4 minutes 20 seconds West a glStance of 365.72. feet to a point at Iin~ of-- _ la,Q9S now or formerly of Ralph Bailey; ,_ - .th~nce along same and also lands of :=,~Qwman,_North 73 degrees 53 minutes 09 ~:&~nds E.~t, a distance of 683.57 feet fo a _ P.Q~t at hne of lands now or formerly of ..._~..rge H. Hotel! thence along same, South ,~~J!!- degrees 26 mlIl~t~ 90 seconds East, the :.:,c!ls1a_nce of 666.12 feet to ,i-point at line of ,,,-~~_ _of Gal)' L 'Nalbandian; thence along ~~e._~nd also- ,along lands of Lupinacd, ~-:---=u:a1-,--!8. degree5 t5 Q)(nutes 50 seconds.. _ ~t; a chstance of 1000.56 feet to a point at =- b!l!__o0E.~_.!!~_~__~!_. form~,dy'____oL ~~~~ u:",~c:ra1Qng, sa~ ~-d~grees 12 mmutes 00 seconds East, a_ ~sta,ncc _of, S31.{:17 feet to a point at tine of _,_ l~-=--no~ .or fOJ;n:1_erly o.f Thomas French; ~~Ie~ce_ .nong same, South 19 degrees-54 ,:,:mtnu~es to seconds West, the distance of "'--,.'224.47 feet to a point; thence continuing :..along same, South 05. degrees. 10 minutes 47 ~~n~ East, the diStance of 561.81 feet to a - ~_ pmnt tllthe bed of McCormick Road' : th~nce along same, South 71 degrees -55 _ mm,utes 11 seconds West, the distance of ~ 1,91:87 feet to a point;' thence contiriulng - ~QI,1g same South 76 degre€s 39 minutes 44 .-:s~oncis West, the distance of 599.75 feet to a ~ pOInt; !h~~ce continuing along same, South ,;,,~,degre~ 59 minutes 34 seccmds Wests the ~~!iU1.~e o1274.92}eef ~~ a point" at_ 'line of . ~~a5 now. or formerly of Philllp Walsh; - ~ffi~~e along same, North 16. degrees 06 i'minutes 49 __ seconds West, the distance of . ~50.13 feet fo a point;, thence conHnuin --along sames South 80 degrees 59 minutesc~ - ~ds \~est, the distante of 275.92 feet to a """POl~t. at lme of lands noW or formerly of ~1liam A. Patton; .tbence_ alQng same - orth_ 66 ~egrees 06 minutes _38 se<:ond~ . W,e"st, the distance of247.19 feet fo'a point at 11me of lands now or formerly of DiPdro; -_~_ence _a~ong same, North 63 degrees 41 , _J'!l~nutes-=4S seconds West, the distance of ~4 feet to. a poin~ thetlc~ continuing' ~_ ~n.isame, South 89 degreeei_OO minutes 24 _ ._sec~nas ~es.l, the_distance of 332.47 feet to'. ~!I---=-rrQn pm found at line of lands now or ~~_ !Orm~rlr of Spencer G. Nauman, Jr., ~io.rJ~s,lId~ _ thence along same, North 01 ,~?egrees 00 minutes 48 seconds, West, the ~ ~~J1ce -,Qf 1,605.29 feet to the point and ~lace ofBEG1NNING. . ~~O~Al~NG .11.3.844 acres ofland.~ ' -.~ ......~ , , _.~, .~ "~"" ,,' '., -"- '. 'd" " - !ii!i"j- '\, . t .'" . THE THE PATRIOT NEWS SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to iaw, deposes and says: That ~e is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the law~ of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street,! in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot.News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street,! in the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot.News were established Mllrch 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; : That t~e printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dll.i1y and/or Sunday! Metro editions which appeared on the 24th day(s} of April and the 1 st and 8th day(s) of May 12001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, an;d that all of the allegations of this statement as to the time, place and character of publication are true; and , That tie has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on ~ehalf of The Patrlot.News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted sever*lIy by the stockholders and board of directors of the said Company and subsequently duly recorded in ,:;,::~~::~:m,"g · 0".. '" M" ''''."C~".. ~"P"'"t"["'"~"':~~.m CO P'Y Sworn to and subscribe ,before me this 21 st dall of M SALE #57 Notanal Seal Tarry L. Russell, Notary pubr Harrl,bulll. Oauphln County My Commission Expires June 6. 2002 Member, Pennsylvania Association 01 Not ARY PUBLIC ommission expires June 6, 2002 CUMBERlAND COUN1Y SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , Statement of Advertising Costs To THE PATRIOT.NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 933.75 1.50 935.25 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot.News and The Sundav Patriot. News, newspapers of generai circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... - ~ "~ ~~ - Mi~w;-;:, . . PROOF OF PUBJLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.l784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. MQrgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, accon!ling to law, deposes and says that the Cumberland Law Journal, a legal periodical published in ~he Borough of C&lisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notipes, and has, since January 2, 1952, been regul&ly issued weekly in the said County, and that th~ printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, v!z: APRIL 27, MAY 4,11, 2001 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication &e true. R~al' Edit;' SWORN TO AND SUBSCRlBED before me this 11 dayof MAY. 2001 NOt > . . LOIS e: SNYDER,Nolaiy PubI, Ie CaiI8Ie,Bolo CurnbefIand County , My CcIIiInlissiori ElqIiI1lS'Maroh 5. 2005' ,." ~. ~TATE SALE NO. 57 Writ No. 2001-1311 Clv1l R. Mumma, Trustee. Susan II Grantor Robert M. Mumma Annuity Trost Retained vs. Gemini Equipment co~pany, Inc., n/k/ a Gemlni EqUlP~ent Business Trust an Realty Associates, Inc. Mann Williams Atty.: Steven R EXHIBIT "A" TRACf NO. I ct rtain parcel or tra ALL THAT celand situate 1n Up- of agncultura1 hip Cumberland per Allen TOwn~ arrta more par- County, peundnnSYdvand descrtbed as ticularly bo e follows: G t a nail marking BEGINNIN a !in . f the center es the intersection ~oad (T-6111 and of MccormiC~ te 114. also a pub- pennsylvani~ ~om Bowmansdale lie road leading 1n the center lme burn" thence 7 to Lis 'rmick Road. South of said MeeO. tes 10 seconds degrees 5.0 ~~~tUto a nail;-thence East. 258.14 line of Tra~t No.3 along a northern _ . -- - ~- - hereinafter ' as shown_tn._the "Sh~~-ees-_2Qjo , d Sou\; -I:TCI-U"'S'"- 0 "--mentione ,- d West, 811.6 rIDnutes 00 ~e~.o~h:nce along the feet to a pOln f "d Tract No.3. western line 0 Sal29 minutes 30 South 02 degre~~98 00 feet to a seconds East. ~g along said post; thence con~ 84 degrees 30 Tract No.3. Sou ds West, 596.02 ro.inutes 50 s~~o:;;'ence continuing feet to a poin , line of Tract No.3. along a westem 38 minutes 50 South 00 de~~~s 88 feet to a point seconds East, ches Creek; thence in the Yellow B~~d Creek. North 75 continUing in tes 30 seconds degrees 19 ~1~~ a point; thence West. 271.69 e~d Creek. Nortb 72 continUing 1Il s. utes 30 second_s degrees 28 IIll~ to a point 1ii sald West 390.00 fee f land now or late Creek at comer 0 n' thence along of J~ T. S~~~d,' North 02 de- said Srmpso 40 seconds West. grees 11 minutes in at or near the 1421.27 feet to a p line ofConraU southern right of waling Railroad); ly the Rea min (former rtb 66 degrees 41 - tbence No d East, 1761.50 to utes 40 secan s North 67 degrees a steel rod; thence nds East., ~3_1- 30 _minutes"_f?E $t;cl? iice of BEGIN- .86 to a point, the p NING. NING 50.995 acres of CONTAI d 1n accordance witb agricultural Ian ed for Spencer GU- i a survey prepar et aI.. by Adams bert Nauman. Jr., dated February ty surveyors, Conn D w1ng E-543. 14. 1985. ra TRACf NO. I-A ALL THAT CERTAIN tract or par_ cel of land situate in Upper Allen Township, Cumberland Cpunty, Pennsylvania. bounded and de- Scribed according to a survey plan made by Adams County Surveyor. J. Riley Redding, Registered Sur-, veyor. 22361-E. dated July 20, 1981, drawtng #B-272, as follows, to wit: BEGINNING at a steel rod along the westerly side ofT-611 and lands of Spencer G. Nauman, Jr.. et al; thence along lands of same. South 67,degrees 30 minutes 55 seconds West. 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rai1. COrporation (Conrail); thence by lands of the same and radial to the center fine of the eastbound tmcts formerly of Reading Company now Consolida,,.ted Ra1l Corporation (Conrail), Nortb 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and paral_ lel 'to and 25 feet from the center line of said tracks by a curve to the lell haVing a radius of 3471.02 feet. an arc distance of 265.00 feet, _a chord of North 57 degrees 02 min- utes 35 seconds East, 264.92 feet to a pOint 25 feet sOutheasterly from the center line of said tracks and near the westerly side of Pennsyl- vania Route 114; thence along the westerly side of Pennsylvania Route 114 and T-611. South 55 degrees 58 minutes 10 seconds East, 109- .94 feet to the place of BEGINNING. CONTAINING 19.812 square feet. TRACf NO. 2 ALL THAT CERTAIN parcel or tract of land situate in Upper AlIen Township, Cumberland County, Pennsylvania, Identified as Lot No. 1 on a SubdiVision Plan recorded in Cwnberland County Plan Book 79, Page 73, which premises are bound- ed and descnbed as follows: BEGINNING at a pOint:!n the cen- ter line of East Lisbum Road (S.R 0114) at line of lands now or for- mer~y of Spencer Nauman. Jr.; thence along the center line of East Llsbum Road North 70 degrees 23 minutes 31 seconds East. the dis- tance of 425.45 feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is sub tended by a chord lYing to the east thereof and which chord has a bearing South 25 degrees 23 min- utes 31 seconds West and a chord - distance of 35.36 feet, an arc dis- I tance of 39.27 feet to a point; thence 't- continU1ng along Lot No.6. South ." _,I'~~ bd~_~1 < ~ I . ...,....,jJ"---j' ~.~.JIll~~~ "~ -, 19 degrees 36 minutes 29 seconds East. tbe distance of 196.72 feet to a pOint; thence along same, along tbe arc of a 775.00 foot radius curve to the ~t which curve is subtend- edby a chord ly1ng to tbe west tbere- of and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point: thence con- tlnll1ng along Lot No.6. Soutb 04 degrees 42 minutes 23 seconds East, tbe ,distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius CUIVe to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a po1nt; tbence along same, along the arc of a 725.00 foot radius curve to the left which CUIVe Is subtended by a chord ly1ng to tbe north thereof and which chord has a bearing North 84 degrees 45 min- utes 59 seconds East and a chord distance of 461.44 feet. an arc dis- tance of 469.60 feet to a point: tbence contlnuJng along Lot No.6. North 66 degrees 12 minutes 37 seconds East, tbe distance of 513- .24 feet to a po1nt; tbence continu- ing along Lot No.6, North 00 de- grees 54 minutes 20 seconds West. the distance of 365.72 feet to a point at line of lands now or for- merly of Ralph Batley; thence along same and also lands of Bowman. North 73 degrees 53 minutes 09 seconds East, the distance of 683- .57 feet to a point at line of lands now or formerly of George H. Haler; thence along same, South 79 de- grees 26 minutes 00 seconds East. the distance of 666.12 feet to a po1nt at !ine of lands of Gary L. Nal- bandian; thence along same and also alQng lands of Lupinacci. South 18 degrees 25 minutes 50 seconds West. tbe distance of 1000.56 feet to a point at line of lands now or formerly of Misc1kowsk1; thence along same, Soutb 15 degrees 12 minutes 00 seconds East, the dis- tance of 531.07 feet to a po1nt at line ofIands now or formerly ofThom- as French; thence along same, South 19 degrees 54 minutes 10 seconds West. the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a p01nt 1n tbe bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a po1nt: tbence con- tlnuJng along same Soutb 76 degrees 39 minutes 44 seconds West. tbe . -<. , ":':' b,........,I.a~~"I,~"'.~" ~ - _.~, distance of 599.75 feet to a po1nt; thence continuing -along same, South 80 degrees 59 minutes 34 seconds West. the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the dis- tance of 550.13 feet to a point: thence continuing along same, South 80 degrees 59 m:inutes 34 seconds West, tbe distance of 275.92 feet to a point at l1ne of lands now or formerlyofWill1amA. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West. the dis- tance of 247.19 feet to a poInt at line of lands now or formerly of DiPietro: thence along same, North 63 degrees 41 minutes 48 seconds West. the distance of 827.74 feet to a point; thence continuing along same, Soutb 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforeSaid; thence along same, North 01 de- grees 00 minutes 48 seconds West, tbe distance of 1.605.29 feet to tbe point and place of BEGINNING. CONTAINING 113.844 acres of land. ~"< J~ , STATE OF PENNSYLVANIA, COUNlY OF CUMBERLAND } 55. Robert P Ziegler J, ________________________________________ _____________~________________________ Recorder 01 Deeds in and for said County and State do 'hereby cenily that the Sherifrs Deed in which ________________ m__~.!'_~_~!':...~~~_f..?.~~:i_'~:=.:'_..:~:____________ __________________________m_______ is the grantee the same having been sold to said grantee on the _____________J_~!:L_____________________________ day of ________Jil:llJ.:.fJlll<g!_____________________ A. D., ;2001_____. under and by virtue 01 a wriL_____________ Execution . ________________________________________________ISSUed on the ___________..l~_______________________ June 2001 . . clay of _______________________n_ A. D., _____, out of the Court of Cornman Pleas of saId County as of Civil ______________________________..______n_________ _________________________________ Tenn,: 2 (J.Q.L_ ~unober____~~~}______,atthesuitol---5~JlqD-ll-~~~~-Ir~-~~~~--~2~~]'_~_~_~~~:..._!!_~~~~_t_~:___ Retained Annuity Trust ___________________________________against__f_e_~!p~__~g~~J>~~p~__~~_l_~~_~!_~~~__~~~~~~-~~~~p~ent Business Trust & Mann Realty AS8oc~ates cRC duly recorded in Sherifrs Deed Book ~o. 2'_~_______, Page ___~!~!:____. J~ TESTIMONY WHEREOF, J have hereunto set my hand and seal of said office this ___il___ clay of __c1~::._________________ A. D., ~I ~--~------------------------ Recorder of Deeds ~-~. , ., ~. " i ,1,0.,,,,__ -><Ii>;\rJad~-ii. . ; '. I " .. , In 1 he Court of Common Pleas of Cumberland County, Pennsylvania No. 2001-1311 Civil Term Susan R. Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust VS Gemini Equipment Co., Inc., n/k/a Gemini Equipment Business Trust, and Mann Realty Associates, Inc. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2001 at 3:45 o'clock P.M., EDST, she served a true copy of the within Real Estate Writ, Notice, Poster and Description in the above entitled action upon one of the within named defendants, to wit: Gemini Equipment Co., Inc., n/k/a Gemini Equipment Business Trust, by making known unto Attorney Glen Smith, Attorney for defendant, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013, its contents and at the same time handing to him personally the said true and attested copy of the same. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2001 at 3:45 o'clock P.M., EDST, she served a true copy of the within Real Estate Writ, Notice, Poster and Description in the above entitled action upon one of the within named defendants, to wit: Mann Realty Associates, Inc., by making known unto Attorney Glen Smith, Attorney for defendant, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013, its contents and at the same time handing to him personally the said true and attested copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on July 06, 2001 at 6:48 o'clock P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description in the above entitled action upon the property of Gemini Equipment Co., Inc., n/k/a Gemini Equipment Business Trust and Mann Realty Associates, Inc. located at a lot in Upper Allen Township, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Gemini Equipment Co., inc. n/k/a Gemini Equipment Business Trust, by regular mail to their last known address of Box E, Bowmansdale, P A 17008. This letter was mailed under the date of July 30, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Mann Realty Associates, Inc, by regular mail to their last known address of Box E, Bowmansdale, PA 17008. This letter was mailed under the date of July 30, 2001 and never returned to the Sheriffs Office. ,~ ~ ',,",.>J.= _. , . ~' ~ " ,~o ""' ._,; , , ~'" "m~;\l;m"-,,,i' \ . . L R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of$21,000.00 to Attorney Steven Williams for Mann Realty Associates, Inc.. It being highest bid and best price received for the same, Mann Realty Associates, Inc. of Box E, Bowmansdale, P A 17008, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $10,156.30. Sheriff s Costs: Docketing $ Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 30.00 420.00 30.00 30.00 30.00 10.00 1.00 8.45 2.42 30.00 40.00 939.65 701.82 25.66 25.00 26.50 $2,350.50 paid by Mann Realty Assoc., Inc. 10-05-01 Sworn and Subscribed to Before Me so~w ~.....;-~..<~ R. Thomas Kline, Sheriff Byq(}~,S~ Real state Deputy This 3/.4l- Day of (Y~ 2001, A.D. ~ Q !kil,. ',~ rothonotary ~c~ 30.1.1"1> I."" ~'-/t{.:L? ~. 1 Ii? 33(. ~" '...J. J,_,.' l~ ,- .. .>! ~ ~ ~~ l\4!tii' , , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) 'r' , NO. 01-1311 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY To satisfy the debt, interest and costs due Susan R. Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust lrom Gemini Equipment Co, Inc., n/k/a Mann Realty Associates, Inc., Box E, Gemini Equipment Bowmansdale PA PLAINTIFF(S) Business Trust, and 17008. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located 00 Tract No. I-A and Tract No.2 in Upper Allen Twp., Cumberleand Co. PA (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nomy fhe garnishee(s) that: (a) an allachment 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 the defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other than a:named garnishee, you are directed to notify him/herthat he/she has been added as agarnishee and is enjoined as above stafed. Amount Due $559,174.73 l.l. . $1,296.89 plus $183.84/diem from 6/14L01 Interest Due Prothy $1. 00 Atty's Comm Atty Paid Plaintiff Paid % Other Costs $2584.50 Dme: June 13, 2001 CURTIS R. LONG " 1(~.l);~~ Deputy REQUESTING PARTY: Name Steven R. williams, Esq. 508 N. Second St., PO Box 845 Harrisburg PA 17108 0845 Plaintiff Address: Attorney for: Telephone: Supreme Court ID No. (717) 234-4182 62051 ~'~"'~'''''''>A'IiI!I!~~'i'''<'>'1 "o'~",'.'~,,<- ',.. _ _ ~ ,'li,/,t~~.Ji.~i!:ili~iWr.'ii09<'i1_e,]{~"!&bo";"';"w'"=""""",~,~~,,,","~,-~,,,,-~,,-,~,,",_-. "'_' - ,,' - -"- . ""_ .~.~_".",~_~.."",...,."".~,,,_-=-,,,,,,,,,,,j'_1 ..:ll~~~l~~ , REAL r ~~. -,.. t'\., E N .'t.v 1/\ i I:. ~{1L O~ < .,' ,~= 'n' I)i I I , 54 .i '..'I Oil 0U VLQ., /9 { QaO I the sheriff levied upon the delend3;" Interest In the real property situated In tJ.p,twl I'J ~ J1 MP, CUmberland County, Pa., known and numberedas:z;'i1rf i-/1 ad Tfa..ef '2 ( J-wvJ. ') and more fully described on exhibit "A" flied with this writ and by this reference incorporated herein. Oat8~JI1L I~ ;}M / By:.QA rb.j'c-&r'j~ ~S~ 1, ("Hl]d 'i\~\;' /" . !'.~' h. ". ~ " ',"~ ,.-.! ; \; ." ,~\ Ill. IUO~'~ ~\. .'. . }i!.\~TI(l UlN\;~ifi:' !~' '~iG- $.~;'t~.:!iC .u\\ll\\~ , ' '~'., I "- ~- e I'" .'""'. .... "" -- - . .,~- ~. ,~~ ,-. '. t. .~ SCHEDULE OF ~S1)UBUTION SALE NO.'S4 Writ No. 2001-1311 Civil Term Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust VS Gemini Equipment Co., Inc., nlk/a Gemini Equipment Business Trust, & Mann Realty Associates, Inc. Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 Mann Realty Associates, Inc. $21,000.00 Real Debt Interest Attorney writ costs $559,174.73 16,555.61 2,584.50 $578,314.84 Total Distribution Amount Collected Legal Search Sheriff's Costs Local Transfer Tax State Transfer Tax $10,156.30 200.00 2,350.50 3,802.90 3,802.90 So Answers: r;~ :~t:~~ R. Thomas Kline, Sheriff . ~l.O ".~,-- ~ -, , - , -~ --1 if l'll'1t\,! , < TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WIllCR WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 54 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Gemini Equipment Business Trust by deed dated March 23, 2001 and recorded March 23, 2001 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 241, Page 453 granted and conveyed to Mann Realty Associates, Inc. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3 . Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of S.R. 0114, known as Lisburn Road and Township Road T -611, known as McCormick Road. 6. Conditions, easements and restrictions shown on or set forth on the Subdivision Plan recorded in Plan Book 79 page 73. 7. Complaint flled by Susan R. Mumma, Trustee, as Plaintiff against Gemini Equipment Company, Inc. and Mann Realty Associates, Inc. as Defendants in the Office of the Prothonotary of Cumberland County to File No. 2001-1311. Judgment in the amount of $$740,246.27 entered '"'..~-, """ . ,~ '" '.' ~.-" ~-r ~ _b';) , March 8, 2001. 8. Conditions as shown on Plan for Gemini Equipment Company recorded in Plan Book 68 Page 120, and restrictions as set forth in Deed Book K Vol. 36 Page 554 (Lot 3 on Plan of Gemini Equipment Company recorded in Plan Book 64 Page 149, also shown on Plan recorded in Plan Book 68 Page 120, which conditions and restrictions may be imposed by implication on the subject premises. 9. Conditions as set forth in Deed Book G Vol. 31 Page 1097 10. Rights of Pennsylvania Power and Light Company recorded in Misc. Book 457 Page 365. 11. Subject to Agreement recorded in Misc. Book 305 Page 1059. 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 13. Real estate taxes accruing on and after January 1,2002 not yet due and payable. 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Mumma, II, Grantor Retained Annuity Trust VS Gemini Equipment Company, Inc. n/k/a Gemini Business Trust and Mann Realty Associates Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2001-1311 Civil Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, says on April 17, 2001 at 6:00 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Gemini Equipment Company Inc., n/k/a Gemini Equipment Business Trust and Mann Realty Associates, Inc. located in Upper Allen Township(3 tracts ofland) Cumberland County, Pennsylvania, according to law. Patricia Shatto, Deputy Sheriff, who being duly sworn according tolaw, says on March 23, 2001 at 3:50 o'clock PM EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one ofthe within named defendants to wit: Gemini Equipment Company Inc., n/k/a Gemini Equipment Business trust, by making known unto Robert Mumma, authorized agent, at the Cumberland County Sheriffs Office, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Patricia Shatto, Deputy Sheriff, who being duly sworn according to law, says on March 23, 2001 at 3:50 o'clock PM EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Mann Realty Associates, Inc. by making known unto Robert Mumma, authorized agent, at the Cumberland County Sheriffs Office, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being du1y sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Gemini Equipment Company, Inc., n/k/a Gemini Equipment Business Trust by regular mail to their last known address, PO Box 58 Bowmansdale, P A This letter was mailed under the date of April 18, 200 I and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Mann Realty Associates, Inc. by regular mail to their last known address, PO Box 58 Bowmansdale, P A This letter was mailed under the date of April 18, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being du1y sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises ( Tract 1) at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00 o'clock AM., E.D.S.T. and sold Tract I for the sum of$1.00 to Attorney Steven R. Williams for Susan R. Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust. It being the highest bid and the ....." -, . _ ~ ' , ~c. ' l ~",-". , .-,~' ~ ~_. , I' ~ ~-~ best price received for the same Susan RMumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust, of Box E Bowmansdale, PA, being the buyer in this execution paid R Thomas Kline, the sum of $2500.00 it being costs. R. Thomas Kline, who being duly sworn according to law, says that tract I-A and Tract 2 ofthis writ are returned stayed. Sheriff's Costs Docketing Poundage Posting Bills Advertising Auctioneer Acknowledging Deed Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 49.01 45.00 45.00 10.00 30.00 .50 1.00 7.44 3.06 45.00 50.00 1,172.15 935.25 25.09 25.00 26.50 $b,500.00 paid by attorney 6-13-01 Sworn and subscribed to before m~ This 30 ~ay of G1 2001 A.D. ~ o. ~...~ Prot onotary ~: ~ " :..., t: .,- .-I!.'~ R Thomas Kline, Sheriff BY<~~ - 1....,.4-.""" aY:~. 5o,(Ji) C-t>' p1)" eft. 3.30 ( )... Ru.., J/'i75/ ~,,- , ., ~~ ' ~ - . ~ "'L' . ~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 5S. Robert P Ziegler ~ ______________________________________________________________________________Ilccorderof Deeds in and for said County and State do'heldly certify that the Sbcrifrs Deed ill which ________________ _____t1ii_~ll_!!l~!~:U~'!.~~~_i..~~~.:'__!~~____________ ____________________________________ is the grantee the same having been sold to said grantee on the n___________)_!!!._____________________________ day of ________.Jicpt.MlQ.Il:r_____________________ A. D., ,2001_____. under and by virtue of a writ___u_________ Exe~\ltion . ___________________________ ______ ________ ____ ___ISSued OD the _ __________..13__________ ._____ _______ J 2001 , clay of ________~!:.':______________ A. D., _____, out of the Court of Comman Pleas of said County as of Civil --_....._____________________..__...._ ______..__.......___ ...___ ______ ______ ______ ______ _____ Term.: 2QJll.__ Nwubcr ____!~!!______, at the swt of ___llwt~B_lt.k1\!mlI!.~ :J;.!".!'.l!.1;~~_J!!!~.!'_<:.t:._ ~_!!'.!~_~! .E.~~!'_~~:___ Retained Annuity Trust ___________________________________ against_ _9.!'.!!!!!l.t_~g!'}J1.1!!!:!I.L~!!_J._f!.':_EL~L!1_E!~!~~-~~~~ p~en t Business Trust & Mann Realty Assoc,stes ,nc duly _rocd in Sherifrs Deed Book No. .'?:+_ll.___u__, Page ___~!}!+.____. . IN TESTIMONY WHEREOF, I have beretlllto set my band and seal of said office this ___LI..___ day of __t1t.:!!Jq~__:._________________ A. D., ~ ~--~------------------------ llcccmicr of Deeds. "~ , . --","" _I l~;-- ,~~ . . Susan R. Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust VS Gemini Equipment Co., Inc., nJkJa Gemini Equipment Business Trust, and Mann Realty Associates, Inc. . .. In lile Court of Common Pleas of Cumberland County, Pennsylvania No. 2001-1311 Civil Term Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2001 at 3:45 o'clock P.M., EDST, she served a true copy of the within Real Estate Writ, Notice, Poster and Description in the above entitled action upon one of the within named defendants, to wit: Gemini Equipment Co., Inc., nJkJa Gemini Equipment Business Trust, by making known unto Attorney Glen Smith, Attorney for defendant, at The Cwnberland County Sheriff's Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013, its contents and at the same time handing to him personally the said true and attested copy of the same. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 30,2001 at 3:45 o'clock P.M., EDST, she served a true copy of the within Real Estate Writ, Notice, Poster and Description in the above entitled action upon one of the withiIi named defendants, to wit: Mann Realty Associates, Inc., by making known unto Attorney Glen Smith, Attorney for defendant, at The Cwnberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013, its contents and at the same time banding to him personally the said true and attested copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on July 06, 2001 at 6:48 o'clock P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description in the above entitled action upon the property of Gemini Equipment Co., Inc., nJkJa Gemini Equipment Business Trust and Mann Realty Associates, Inc. located at a lot in Upper Allen Township, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Gemini Equipment Co., inc. nJkJa Gemini Equipment Business Trust, by regular mail to their last known address of Box E, Bowmansdale, PA 17008. This letter was mailed under the date of July 30, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Mann Realty Associates, Inc, by regular mail to their last known address of Box E, Bowmansdale, P A 17003. This letter was mailed under the date of July 30, 2001 and never returned to the Sheriff's Office. ,~ ..~ ",,, ]oj' ,..~ " \, ~~~'Sliilk'-' ~ R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $21,000.00 to Attorney Steven Williams for Mann Realty Associates, Inc.. It being highest bid and best price received for the same, Mann Realty Associates, Inc. of Box E, Bowmansdale, P A 17008, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $10,156.30. Sheriff's Costs: Docketing $ Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 420.00 30.00 30.00 30.00 10.00 1.00 8.45 2.42 30.00 40.00 939.65 701.82 25.66 25.00 ~ $2,350.50 paid by Mann Realty Assoc., Inc. 10-05-01 Sworn and Subscribed to Before Me ~~~.er . r~ .,,<~ This .)/.-..J. Day of (P~ . ~ ~ R. Thomas Kline, Sheriff 2001, A.D. Q. '7h..i.t".I,~ q~.s' . :..LL othonotary BY () rYU..LVl Real state Deputy o.Y--~ 3D "ll t.tIO 3 'jlf.J-? U0 fCu.,. I 1'B' .sse;. ",., " ~,t ~.. ," '"''_'~''' . -. _ I ,,' _ . '" -',.',---- ,-,,"-,' '-s..,'" " '.i"O'h un ,.~.. "~_~'-~'-;,,,",{: .,. ,',~~.F,,-'. ."".~ ,;-i - :"".-.--"-';-,- ",d~n~;"'i"~';~:",,:-_,,":".,: .', ',,;...:-";;~-Jj__'-' , . , SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/kla GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE AFFInAVIT OF MAIIINr. Being first duly sworn according to law, Jeanette L. Roberts, paralegal with the firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, hereby deposes and says that, pursuant to Pa.R.Civ.P. No. 3129.2(c)(1), she mailed the Notice of Sheriff's Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.2 in the above-captioned case, a copy of which is attached hereto as Exhibit A, on March 14, 2001, by first class mail, postage prepaid to the following: CoreStates Bank, N.A., n/kla First Union Bank 600 Penn Street, Third Floor Reading, PA 19602 CoreStates Bank, N.A., n/kla First Union Bank Legal Department th . 5 and Market Street Philadelphia, PA 19106 Marlin Yohn Upper Allen Township Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 ^ ~ '.. .- I, ,,~ '" -' '"' "," .; -~'-.- ',"0. .. . - -._'~.'''-'~' ;- " ,: ';';'.""'.' " - .-::;,;.:c:;I;,.) _"" >';<', :.;~'" "O-^-".v.~~ . Being first duly sworn according to law, Jeanette L. Roberts, paralegal with the firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, hereby deposes and says that, on March 14, 2001, the following was served by certified mail mail, postage prepaid to the following: Gemini Equipment Company, Inc., Gemini Equipment Business Trust SoxE Bowmansdale, PA 17008 Mann Realty Associates, Inc. BoxE Bowmansdale, PA 17008 Attached hereto as Exhibit B, pursuant to Pa.R.Civ.P. No. 3129.0(c)(2), are the appropriate U.S. Postal Service Forms 3817. WIX, WENGER & WEIDNER B: Je 50 orth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff SWORN TO AND SUBSCRIBED before me, a Notary Public, this JL.f\-h of (Y)o.rrA'" day , 2001. ~-==-.-s-.,_......",-,~~~=.,.__~~~ -L''.'''''',. ,_. ~_~, U~~:~i.~. [~~~\~):; ~!..~i:~ ._,~, (', ", '!e H,:,:.t..:. bu.g, D,m');::;'I.~)~t:;l'Y ~I C!jrlur::~>sion Expir8S / .;x-jf 28, 2001 ~Q~~rm~ otary Public My Commission Expires: (SEAL) F:\srw\5B93 (MUMMA}\10470 (GFlAT FORECLOSURE)\DOCUMENTS\AFFID OF MAIL2.doc ~~-"~ - L ,-,"" - -- -, ---, -'- ."- - .~~j'~'~'i'i, SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/kla GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE NOTICF OF ~HFRIFF'~ ~AI F OF RFAI F~TATF PIIR~IIANT TO PFNN~YI VANIA Rill F OF CIVil PROCFnllRF ~1?9 2 TAKF NOTICF: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: June 6,2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse Commissioner's Hearing Room - 2nd Floor 1 Courthouse Square Carlisle, PA 17013 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT A). i'.-:;;~. - _ '~~";'._L ~. "~-- < "" THE LOCATION of the property to be sold is: Tr::Jc:t 1 -Described on a survey prepared by Adams County Surveyors, dated February 14, 1985, known as Drawing B-D43. Tmr.t 1A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Tmr.t ? Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. THE JUDGMENT under or pursuant to which the property is being sold in docketed in the within Commonwealth and County to: No. 01-1311 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Mann Realty Associates, Inc., successor to Gemini Equipment Company, Inc., n/k1a Gemini Equipment Business Trust. A SCHEDULE 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 of this County not later than 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 the within County at the Courthouse address specified herein. THIS PAPFR IS A NOTIr.F OF THF TIMF ANn PI Ar.F OF THF SAI F OF WITHIN nFSr.RIRFn PROPFRTY. IT HAS RFFN ISSllFn RFr.AIISF THFRF IS A.1l mr.MFNT Ar.AINST YOII. IT MAY r.AIISF Y01IR PROPFRTY TO RF HFI n TO RF SOl nOR TAKFN TO PAY THF .11 Inr.MFNT. ,-1 ., , . ~ -. -< ,-,---" -. "~''''-''''""",;,._': You may have legal rights to prevent your property from being taken away. 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 ADVISE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within 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 petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. SHERIFF'S OFFICE F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)IDOCU'-'1ENTSISALE NOTICE2.doc , - .-J ... ~. -.~,- ..l(' ~~i,i: TRACT NO.1 ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a nail marking the intersection of the center lines of McCormick Road (T -611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract NO.3 as shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at corner of land now or late of Jerry 1. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County Surveyors, dated February 14, 1985, Drawing B-D43. TRACT NO. i-A ALL THAT CERTAIN tract or parcel of I~nd situate in Upper Allen Township, Cumberland County, Pennsylvania, bouhded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #R-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands af same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel ro<;l in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 mihutes 35 seconds East, 364.92 feet to a point 25 feet southeasterly from the center line df said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 Exhibit A - Page 1 , , ~. ,", ~ .. . 'M: "--. - "...;~-;:; and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Haler; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing Exhibit A - Page 2 ~ -- -, ' -.-'" - - "~.j - ';"_1.' ':b: along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 3 ,- if> 0.,-.';--- - .1; ,-c. '_,.,~ "~ .~ _. b "" ,,~~-.- . ',"':-c.J--~"<"", _" "l II 'I :::j "I I '~ ".. __;'_"'_'~,' "^ """;-'-'"-*',,^~_"o;._"~ "C'; 'j ,] ::] WIX iIENGBR & 1iEImER, I 508 iii. 2ND m., P.O~ ~ 'I .1 ,:1 '.1 'I ::1 I I "] \j :',','1' !I .'1 i; ij j .1 , l' U.S. POSTAL SERVICE CERTIFICATE OF MAILI G MAY, BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DQ.fS..N.QI PROVIDE FOR INSURANCE-POSTMASTER ~ C\ _,""",:,,<- Received From: ~ u i{ rrent 17108-0045 ~ c o ." o '" -. c...n ij; '" ****>t*** BARRISBlJRG, PA '" :l: "' ... "' '" '" = n/kIa I!'IRST UNION ~ ~ --...:l '" ". One piece of ordinary mail addressed to: c::amsTATES BIlII!IK, 1Ii.A. 600 PENII STRBET. IIJIlIR11m iI'r.tYlD READING, PA 19602 PS Form 3817, Mar. 1989 Received From: 1 :1 J ,I \~ [j I;! ~I !i U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER WIX imNGBR & iiEIDNER 508 iii. 2ND m., P.O. IIIOX 845 BARRISBlJRG, PA 17108-0045 c o ~ o '" ~ G> "' !**>t***>l- One piece of ordinary mail addressed to: c::amsTATES J!AIl1L IIi.A., n/kIa I!'IRST LEGAL DEPARDmRr, 5TH AI!iD MRKBT :;-x-.a: PRTT.lI.nRr.PRTlI., PlI. lQl06 PS Form 3817, Mar. 1989 Received From: U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER WIX & 508 iii. 2ND m., P.O. 1IJOX ~ f= ;n ." o "' ~ CJ1 '" '" ******** -- HARRISBURG, PA One piece of ordinary mail addressed to: = = ~ WMBERLAIIm axJNfi 'DXI CLAIM BllREAU 1 f). .W..... . ~ !Q1ARR CARLISLE, PA 17013 PS Form 3817, Mar. 1989 '. . Received From: (~ WIX, iilENGER 6< ~ :; :-."- 508 N. 2ND ~., P.O. BOX BARBISBORG, PA 11108-0845 One piece of ordinary mail addressed to: MARLIN YCIIN !~ '" r:: c:J :n = ~ ~ "' > cJ1 '" '" ******** '" "' " "' '" ... rTPPlm AT.f.F2\I lIJ'f'IAIN.Il.;HI.... T'AX rY"tT.T.ror!TCR 6 BIClWRY I.l\NE MEXE\l!lICSBURG, PA L --P$ Form 3817, Mar. 1989 17055 r- U.S. Postal Service ' ,u. CERTIFIED MAIL RECEIPT " (Domestic Mail Only; No Insurance Coverage Provided) ~", =t- "... ..... co ..JJ co C ru Postage Certified Fee Return Receipt Fee ru (Endorsement Required) CJ CJ CJ Be-stricted Delivery Fee (Endorsement Required) c:J Total Postage & Fees CJ =t- m 'J~~~m...... "... "... CJ ..... m ..JJ ..... CO U.S. Postal Service CERTIFIED MAIL RECEIPT , " . -(JJomestic Mail Only; No Insurance Coverage Provided}~'"l~ "... "... CJ ..... I ..JJ co CJ ru Postage Certified Fee Aetum Receipt Fee ru (Endorsement Required) CJ CJ CJ Restricted Delivery Fee (Endorsement Required) CJ Total Postage & Fees $ CJ =t- m ,Co.,. :.1 'i I _ 1 ..;. ~ < . ,. . g, ,'i:~d , ij 1 'I '. ,i -- ~ " ;1 , i'i , SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'I, ,;1 r-i -;1 'i Plaintiff v. NO. 0 I ~ ).3 I I GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE ACCEPTANCE OF SERVICE I, Wendy Weikal-Beauchat, Esquire, hereby accept service of the Complaint in this case on behalf of the Defendants and certify that I am authorized to do so. Respectfully Submitted, Beauchat & Beauchat BY:~~ W Weikal-Beauchat, Esquire 116 Baltimore Street Gettysburg, PA 17325 Attorneys for Defendants Date: 3'1'~\O\ . , 'k;,,' ,'" 'IN THE COURT OF COMMON PLEAS OF CUM.BERLAND COUNTY, PENNSYLVANIA , , CIVil DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: SUSAN R. MumA, TRUSTEE, ROBERT M MUMMA, II, GRANTCR RETAINED ANNUITY TRUST, PLAINrIFF vs. GEMINI EQUIPMENr COMPANY, INC., n/k/a GEMINI EQUIPMENr BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., DEFENDANTS ( Confessed Judgment (. Other File No. 01-1311 Amount Due $563, 532.58 Atty's Comm$28,176.63 Interest $1411. <;~7 On, pr.m; pm DIF.M OF $185.27 FROM 3/1/01 Costs '\rl RR II nnRn 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 for debt, interest and costs, upon the following described property of the defendant(s) County, A~ ~Pt:trTFT~AT.r.V mli'l..1T'Tli'TRn ()N RYHTRTT A HRRF.'J1() PRAECIPE FOR ATIACHMENT 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 of lengthy personalty list) Date ?\\I-\\Ol Signature: Print Name: Address: ~ and all other property of the defendant(s) in the possession, custody or control of the aid garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens a defendant(s) described in the attached exhibit. WILLIAMS, ESQUIRE 'iOA NnR'I'A 1;F.('1)N!) 1;'1'. P.O. BOX 845, HARRISBURG, PA 17108-{)845 Attorney for: PLAINTIFF Telephone: 717-234-4182 Supreme Court ID No.: n?O<;l (over) ,*,Mii.l;'"' ~~.Iii'" < ~ "~<'*''''~''~-'i'l~t'';''''-''''il:m'-~hil:;,;lfi..:&~oJli0''''ft4t!k&~JLi;;~~~'kIi''''''' >~,~' I, '. '"L.'w,,,",,,,0 '" . H."'~'''''''' ""'. , Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. '~,"',~r~ _~,.~, ~,~,-" , "~ .~ .~~~~>-~'" - ~ ~ " " ~ .' I~- ", .1" . ,,'.''.''; i-. .-. H', _, ^ - ~'- - 'n.'__" .."_ d_ _ ;,~";,','.:';<~'~~:/~~,l_:,~ JJ;--J- ,''-;_'"-____,~:, ~,'~ '~~ '; TRACT NO.1 ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: i' I. BEGINNING at a nail marking the intersection of the center lines of McCormick Road (T -611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract NO.3 as shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County Surveyors, dated February 14, 1985, Drawing B-D43. TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #R-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T -611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 Exhibit A - Page 1 ) " i-C <," " '" .". "'-'-, " .;0,- . ~'-,~-.-~ ~~ ., "-~- "'0"'''''_- . " '---~;c:,-'~ ... . ,. d_,,- ,. ,-.,,' '.~-"--..,~.". .-:",~,'~~,,-,-,;", ,~, >- """')j and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot NO.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes Og seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 1 Ominutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing Exhibit A - Page 2 J~. . ..~, i.'"' -'._-,; -. ,.- . ._. -' ". <-",>':"-." "'n," 1 '...1:,'...-, ._'.' .,,' .~ '-, -~ '" '~'" -,' - "" ;..-: ,j 'f ,,' ~ ""{';-~:l,_,,~,h:~~--<'.:; - - ~ ':';"~'!i~ along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.7 4 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 secorids West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 3 J' - ~ ~=,_.~~.o~_'"., ~-J-<~~-, ~, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P~NSYLVANIA , , CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: SlI5lllII R. IIDIN.r ~.rISlS, ROBm.r M. MllIMA, II, GRllIIIll'Ql RB'\'A U\lftl MIIIIIUl'.l'!: THUS".r, PLAIRfIl!'l!' ( Confessed Judgment (, Other vs. GIlMII!1I QJIl'ImRr <Dn'lll!IIY, INC., n/kIa GIlMII!1I QJIl'ImRr AQ!'lTNR!;.<l TBIJST and MllNN REALTlC ASfIlCIATES, INC., DBI!'8NDAINI'.l File No. 01-1'111 Amount Due ~"'i9.174.73 Interest SI.296.89. PIdE PI!R DDM (J!' Afl.... $183;"84 l1IOI 6/14/01 Atty's Cbmm Costs 'In RF. lInnRn 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 CDIBn<<.AII!ID for debt, interest and costs, upon the following described property of the defendant(s) County, AS ~PIlI"Tl7rC"Jlf.r.y T1lRI\lI'TIl'TRIl ClI\1 RXRTRTT II 1I'P1'AC'RR1l IUlRR'I'Cl. 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 of lengthy personalty list) Date (" }'3/0 I Signature: Print Name: iJlJ-- , and all other property of the defendant(s) in the possession, custody or controi of the o (Indicate) Index this writ against the gamishee(s) as a lis pendens ag . defendant(s) described in the attached exhibit. Address: . R. WILLIAMS, KAi.II~ 508 Nt1RT8 sm:nm ~.l-wsr;.r, P.O. BOX ~ HARPTmvll\G, PA In~ Attorney for: PLll~~ Telephone: 717-7""-A1R7 Supreme Court 10 No.:62051 '\ (over) ~a~, _11li:;m, 1ilt!li!~l~~iil~~<liiM ~ U.l .... Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~~ ~ =rn . . ,-j,'-' -"'.-'. -, w., _ _,.. - - ~ o '''''''m .. TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #B-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. CONTAINING 19,812 square feet. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45 feet to a point at line of Lot No.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds Exhibit A - Page 1 . ~ .' -L' '0'" ,- :i . ~ ,d 1. .. . ..',.',. ~.--.".:, ,: "'b~'l , 'j 'l . East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord Iyingto the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of1 ,605.29 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 2 I m :i ;~ ~ l ',j i] i! !! I~ ilt !; I " " I I ~ ~ ~ I , ; . M ~, - _ .h~J "- ~-. "'""'-"~-.., . ." " , SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 31:1'9.1 Steven R. Williams, attorney for Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: Tmct 1 A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Tract 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. 1. Name and address of owner(s) or reputed owner(s): Gemini Equipment Company, Inc., Gemini Equipment Business Trust Box E Bowmansdale, PA 17008 Mann Realty Associates, Inc. Box E Bowmansdale, PA 17008 - ~ ~. 1.__.., "",",..,,,-,,,,,,. '-~~--II1i:[;a,'r;- '"l " 2. Name and address of defendant(s) in the judgment: Gemini Equipment Company, Inc., Gemini Equipment Business Trust Box E Bowmansdale, PA 17008 Mann Realty Associates, Inc. Box E Bowmansdale, PA 17008 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: Susan R. Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust 244 North Lewisberry Road Bowmansdale, PA 17008 CoreStates Bank, N.A., n/k/a First Union Bank 600 Penn Street, Third Floor Reading, PA 19602 CoreStates Bank, N.A., n/k/a First Union Bank Legal Department 5th and Market Street Philadelphia, PA 19106 5. Name and address of every other person who has any record lien on the property: N/A ~ I -,. , .- -.iiil.r~," " < 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: Marlin Yohn Upper Allen Township Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff h'as knowledge who has any interest in the property which may be affected by the sale: N/A 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: f!n.)o I ~ ~~.lvGl ~ F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTSIAFFID PURSUANT TO 3129.1 ,3.doc 6/13/01 I ~. j " ~< ". < ".,. , ~-.~ -. ., Ji1litt"""",1<;oI<',Ai. '. L TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #B-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. CONTAINING 19,812 square feet. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45 feet to a point at line of Lot No.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds Exhibit A - Page 1 J 'J L_ . .. , East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius CUNe to the left which CUNe is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius CUNe to the left which CUNe is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H; Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of lands now orfornierly of TI16mas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along sallie, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 secbnds West, the distance of1 ,605.29 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 2 . ~ - [~\' " L..... REAL ESTATE SALE NO. 54 Writ No. 2001-1311 CIv1l Susan R Mumma, Trustee, Robert M. Mumma. II Grantor Retained Annuity Trust vs. Gemini Equipment Company, Inc., n/k/a Gemini Equipment Business Trust and Mann Realty Associates, Inc. Atty.: Steven R. Williams EXHIBIT "A" TRACf NO. I-A ALL TI-lAT CERTAIN tract or par- cel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Red- ding. Registered Surveyor. 22361- E. dated July 20, 1981. drawing #B-272. as follows, to wit: BEGINNING at a steel rod along the westerly side ofT-611 and lands of Spencer G. Nauman. Jr.. et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West. 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West. 44.00 feet to a steel rod; thence northeastwardly and paral~' leI to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet. an arc distance of 265.00 feet. a chord of North 57 degrees 02 min- utes 35 seconds East. 264.92 feet to a point 25 feet southeasterly from the center line of: said tracks and near the westerly side of Pennsyl- vania Route 114; thence along the westerly side of Pennsylvania Route 114 and T-611. South 55 degrees 58 minutes 10 seconds East, 109- .94 feet to the place of BEGINNING. CONTAINING 19.812 square feet. TRACf NO. 2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township. Cumberland County. Pennsylvania. Identified as Lot No. 1 on a Subdivision Plan recorded in Cumberland County Plan Book 79. Page 73. which premises are bound- ed and described as follows: BEGINNING at a point in the cen- ter line of East Lisburn Road (S.R. 0114) at line of lands now or for- merly of Spencer Nauman. Jr.; thence along the center line of East Llsburn Road North 70 degrees 23 minutes 31 seconds East. the dis- _ __._J. _J. I~LL...... '"_..............',,'_ 'I',,,,", tance ot 4:&0.40 teet to a PUilU e:l.l line of Lot No. 6 on the aforesaid subdivision plan; thence along same. along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 min- utes 31 seconds West and a chord distance of 35.36 feet. an arc dis- tance of 39.27 feet to a point; thence continuing along Lot No.6. South 19 degrees 36 minutes 29 seconds East. the distance of 196.72 feet to a point; thence along same. along the arc of a 775.00 foot radius curve to the right which curve is sub- tended by a chord lying to the west thereof and which chord has a bearc ing South 12 degrees 09 minutes 26 seconds East and a chord dis- tance of 201.00 feet. an arc dis,- tance of 201.57 feet to a point; thence continuing along Lot No.6. South 04 degrees 42 minutes 23 seconds East. the distance of 200.74 feet to a point; thence along same. along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing Scuth 40 degrees 41 min- utes 31 seconds East and a chord distance of 381.93 feet, an arc dis- tance of 408.24 feet to a point; thence along same. along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord 1y1ng to the north thereof and which chord has a bearing North 84 degrees 45 minutes 5,9 seconds East and a chord distance of 461.44 feet. an arc distance of 469.60 feet to a point; then continuing along Lot No.6, North 66 degrees 12 min- utes 37 seconds East. the distance of 513.24 feet to a point; thence continuing along Lot No.6. North 00 degrees 54 minutes 20 seconds West. the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey: thence along the same and also lands of Bowman. North 73 degrees 53 min- utes 09 seconds East. the distance of 683.57 feet to a point at line of lands nOW or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East. the distance of 666.12 feet to a paint at line of lands Gary L. NalbandiaR: thence altong same and -I6-!...<=,J "" ,;~~~~~:~,i'I~~~c, I;' also ak"'ll! loomis 0f~el, Se_ 18 degrees 25 mmutes 50 seconds West. the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same. South 15 degrees 12 minutes 00 seconds East. the dis- tance of 531.07 feet to a point at line of lands now or formerly of Tho- mas French: thence along same. South 19 degrees 54 minutes 10 seconds West. the distance of 224.47 feet to a point; thence con- tinuing along same. South 05 de- grees 10 minutes 47 seconds East the distance of 561.81 feet to ~ point in the bed of McCormick Road- thence along same. South 71 de~ grees 55 minutes 11 seconds West the distance of 191.87 feet to ~ point; thence continuing along same South 76 degrees 39 minutes 44 seconds West. the distance of 599.75 feet to a point; thenee con- tlmllng along same, South 80 de- grees 59 minutes 34 seconds West the distance of 274.92 feet to ~ point at line of lands now or for- merly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 5'50.13 feet to a point; thence COD- tlu.\1Ing along same. S~uth 8Q de- grees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or for- merly of William A Patton; thence along same. North 66 degrees 06 minutes 38 seconds West, the dis- tance of 247.19 feet to a point at line of lands now or formerly of Di- Pietro; thence along same. North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same. South 89 degrees 00 minutes 24 seconds West. the distance of 332.47 feet to an iron pin found at I ! ~ I. I I': !; I" I i ~ ,. [il ," !-:: I Ii '1'1 !. I i-j !. ,.. I:: f~ ii ri ii i:j I:] i~ , j Ii j .. line of lands now or formerly of Spencer G. Nauman. Jr.. aforesaid; thence along same, North 01 de- grees 00 minutes 48 seconds West, the distance of 1.605.29 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. ,-- " ~ ':=0""'- ~~- J . ~ ~ to' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RO~ID' SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 . NOTAR LOIS E. SNYDER. NoIaly Public C8IIi8IeIloRl. CuIiIbe1IaniI ColIlIy . My CommIsslcn ExpinIs Man:h 5,2005 C' - -. - - ~, _l'lEA~ ESTATE ~AU;tlO.1"- -.' Writ No. W01'131 1 Civil Term SUsan R. Mumma;-rrustee;- '~~_, _,' Robert M. Mumma, II ~~-~~- Gfsntor Retained (:~'f~;. -An~~~~_!~st I ':'.~~7.'_Gemini EqU~. _ ilt Co.,lne. ~:~_-=-nlk/a Gem i Equipment ,"'I~-- _$l,IkJnessTi - -t and Mann c :-_~ ,Realty Msociates, Inc. '":- -~Atty: stevenA. Williams ~"!Z~---:-:-:- ~,~-... p~IPTJON_ :.~C'f ii"tf,A: "ALtm)(+ q;I<<Al& ~carp~\ or jand -SItuate in Uppel' Aften ~ij"wl1Sfllp. Cumberland County. ~_nnsY\~'flnia,_ '_ bQl.mde4 :,md ~e~ribcd ~a:cro.rding .to=a,MLrVCY plan" madC by- Adams ;:.COunty _Survc):Qr,__ ,}._~_Rjley- Reddin"", ~_gi~red $urycyor. 21361.~. dated Jury ~. \Q.S1, dm~t1g f.lB..2~~, _a~ f~lIo~. to ",'Wlt" "..J 'J'- .'- ".' , ~~rt;lNNIN.G 3i---a~--steel rod along tne . ~tcrly side of T.611 aoo land"'- of Spencer ~~Na\l.mal" !r., ct a~.:-~~~~e'alori$-lands_of ~e._:Sou.h 67 degrees 30 mmutcs.. 55 ~~M~ West, 314,82~feet 'to if steel rod in :.,Ianui-fovnerly of ReadinCCoffipaify-rfoW 'tonsolidai'ed Rail Corpoi'afi'6n -- (Conrail); ~Th~<:eby laoQS bfrne same and radial \o\r.c F@t<:.r liJ1C of th~ ep.!>tb9tmd'tfa<:tS'"fOoneny ta'tRea:ding Compinl:V nOw' COnsolidated Ra1\ ~1y:o:falion:' (ConraG). North 30 degrees 46- ~"minuteLLO sceonds. weSt. .44.00 feet to a httel . rOd; .iftence ~ ;northCastwafdly . and ~llcnoana '15TcctTrom-tlle center line of et~tra,ck& bY a cUrY\? to. th~. kft. ha.:;n~ a ffiu,IUS of 3471.02 feet. an arc IllstmCC of ~2os:n(rft.<et; 11 coora of North 57 degreeS 02 'Dh';%f'cs""35 sicOOdS East: '264.92T~et'tO a '~mr 25 feet wutheasterfy "from' t"fie ccfftcr, 'tJjJ@rnsaid tracks and near the Vles.tefly.: !>k1e t-aCPen1i5ylvaliia ROtiiln 14; tnyn_cC-along the ' ~e:r1y side of~nnsy1..,ania Route '11J and 'J'-6II. South 55 a"egrees 58 minutes 10 :monds East; \('~M4 feet (0 the pl,ace of ~lI'lNiNG. '. .'. .-.'"' ~~,,"" ~ :rnsJblNING 19$12"l'J'l'C feet.'. ..- ~ NO.2,' ALL TIlAT CERTAIN [p<llI..-CIOfU'~r o( I~nd situate it.- Upper Allen '~wn-sh"i.p, Cumberland Cou:nty. ~'pel'msyt..,a[l.La, identified a!> lot No_ 1 ~ ~ a ivision Plan recordlld in Cumberland ~~an ,B0>k 79.. Page 73, which . are bOunded and described a;;. ~i1iH~'~: ~J...~iNO at"a point in the center fme Qf ~t, Lisburn Road, (~.~. 011J) at line of ~ands n9w or formerly of Spe.ntcr N_3uman. ~;Jb~nce..:alO_ng .~he .sCntc:t 1in~ Of ~. :-.Wbum Road _NOrth 'TO aegr~ 23 m'l'Iute'!. ~tLsecoods Eist;'too'distante of425.4"5 feet ~a. poinL at }!nc, .of Lot' No: . 6 on tile .:. QJ~sai'd, ~09i.visio~..~pl~n:- thence a~ng p~;:,'alon~'the a!5.. ~~ a. fS;OO.foot radll;l~ ~C.lJr'lc.tQ_th.c l,dt ~Iilcfi-cu~c IS subte~ded by ~Sh.9fd ly!ng to t.;le~ c:a"1.fmere.of and"wl1ich ~.c.l1oi!:r ha.s' a bearing. sou~b':25 degree:> 23 ~:mjnu{e$' Jl seconds W~ awl -a chord :;(j'lst:Jnce 'of 35.36 -feet," air arcdfiitancc of ~[;~.:T-rect \0 <I. p>h;,nt: th<::-nCe continuing ~Iong 1..01 No.' 6, South 19 degrees 36 IJtjirirlUw':C-39.. ~nds. .Eat,(, a distance of [t2iiX.fllct-to a point: (hence 'alol1'g'~ame.' .~\ong the arc Qr a 775.00 foot radiu,> dlrvc tQ . ~ilitr'right which curve is sublcnded bY, a :a1QtuJy_\ng to the we.! thereof and "'"ish BOld .hiLa biarit11f SOU.C!1 t:! degrees W ,,:mln1lli':s'-- 'Z1)' sCtQnds E:i~l and a chcird ~nce of 201.00 fe>:::t. :.m ;.It'C dl~ric" :..t ...~~_ -,0"'" ,," .--.,. ' , ,.' , . ,:~1'.57 ~i to a"poini;'.'-ih"c~~ oontjn~~ ~.g.. . No.6, sooth ().J, d~grecs ..ii .:rgl!l}!ltC1> ::!3 s.ccon~ East. t.h.c distance (If -::,"~}ol feet tu 3. pomt; .t~ertcC aiQ'ng ~- "'alilOg the a~ ofa 315.00 foot radius cur.'e't~ L ih~ left which curve is subtended bv a chord ~ll]gJ() w.e nPtT:h IDt..':@[and whrch chord ~~T-a beanng South 40 degrees 41 minutt..'"I> t"' . .f;e~n~s East a~d a chord distance of ~~_~~~~f~"t;t.. 3n arc (ti~t:lnce of 408.24 feei to ~'! pomt thence al~llg same. along the arc of -:;.]-'25..C(! foot radIUS curve to the left which :~ ~ IS, s~~nde<i b.y a chord lying to 'ihe, ~'!~f~-o( ,!{I~-3'(.~~h"~b9rd..h:J~a ~ring :.' .15-1- dc,g~:; 45 minutc~ 59 second ~ ~~d a_chord distance of 4-61.44 f~t a..:;" c' .~~ ~~.62 k>et to a point; t~e:. g all?ng L.Ot. No: 0;. North. & l~_.~~~~~t~s .~l~~~ ~~h ~ j:1[M,~~,.J?9jlJ.~; ,t!l}'!'I~ ~ ~E~'J;,pCNR: ,6" t-;orth, 00 . ~c.~ '. minutes 20 ~ncls. wi.-St. th~ ~~CSof, 3b5..n feet to a poin.~ at \1n..: Qf ~_>-s._nQW. Qr, formerly..of Ralph Bailey' - J!J~<::~ c~lO!,g_s-,l!l1e p:nd ,3lso lanch. of .:mw, m:!fi. North 73 de~ 5J' ml.llut~s 09. :;J~~hc di.!.tanc-e-of@357"i';;i i;, _ ~Jlc..Q.f);m~_nQ\\'-.or .ior.mcdy of - ~. , ~. ~oler; lhern:e along samc-. Sooth ~d.e.grtXs ...6 rmnutt:s. 00 Sl:conds East. the ,~~la~~ .of 66b.l2 feet to a point at line of - rand~ of, Gary ,[:. Handian; tht'n.:e along ~mL; ~l~ al~ng.hU1ds of Lupinacci, 18 ,~w.ccs. 25 mmuW:'i: 50 sccond~ West. the :,,-d1:;,tiln~ of l 000,50.. feet to a point al iine of ~oo.'> now or famerly of Miscikov.''!'''-i' ~ thencc along sa~c, South 15 degrees Ii -,,€mrnute'SOQ~nqs.~ .thC'. disWllCC. of ~LD7 feet to_a 'point at Hne of 1.1Il&. nO\\.' ~ forrne!lL or Thomas French; thence :aIP~~ ~~me. ~Q~th.19A~.g!C~.54 .minutes ~O _~-S?~,~.S Wes". t~e di.s.tance of 224Xi rcct' _ yra pornl; thence oonlinuing along same.' ~11t 05 degrees 10 ,minutes 47 second' ..:-:Ea~!~,tPC' dlstanf~ 9f2>1.~J ferrt .to,a.QOin~ ~l t~.c ~4. of. .Mt~nn.ic:k. Road; thenCe- ~~t sall!~, South 71 degrees 55 minutes' -----;;I..seco~ds West. ijdistance of2i9I,8ff~[~ l<! 'il pom;; then~ continuing along same sou~ 76 degrees 39 minutes '+4 second ;__~t~ ih~i!~t?-nci of 599.75 feet to a point. ,__ t~:nce continuing along. s;lme, South sO ~:1'JfR.reC5..~~ "minu~es 3.J. socon~s West. the ~~ncc of _74.9.. feet to a.pomt at line of ~~.9S..J:WW~g.(. Jonne.~,Y .of., Philip, Wal!>h; ;..1 ~~cc ~~g .,~~. North 16 degrees '06' _~mln.?les.49 s~~_.\y~s.~.. the_distaf)~ ()f_ ~ ~.q fe<;t .to.a )?Ol!!t: t_~nce continuing -=-..a:.O?~ :;amc.._~outh 80 degrees 59 minutc~ )~B.scc;o~ds \\'e.st. the dbtancc of 275.92 f1X{ 4~~,~t~.uinc oflQptl!j IN": OCfoJ']l1C.rty ~._ Wllha!1l A.. P-JttQn~ th~ce along saml.l. ..;o--,-N~~h 66 ~~grees ,06 T!1inutt.."$ 38 seconds. 1~f:.Sj.-t. t'.1s_q\?wn~pC:B-1J2kct to..a point :.~ilJne of lancb_nl}w or fonnerly of DiPietro' ~l;l.~.nce ~on&- ~e, ,~Qrth. 63 degrees 4 [ O=--'ll~!C5 -l-8 ~wl}4s West. the diMancc of - ","-:~I7.7:r Tu.."t [0 a point; thencc cominuincr ,~I)j,; $30w,..__5Puth,.89,de.grccs.,OQ minUle~ ~~-,,~..f.gl19s ~Vest,.thc distance of 33:!.47 feet --10 an w,m pm foun4,'at line of lands now or ~ f~er!~ ~f;__~lC.nc_cr G. _Nauman, Jr. .:::~aforc~ald the~ce alOf:lg :;.:um::. NQl1h 01 7:Begrees 00 mm~t~ 48 seconds West. Iht.: ~(f~nce of 1.605.29 feet to the point and ~~::p~ of BEGINNING. :;~~~INrN9,n:tw acrt..j'riflano. -=--~----- -. -- ~":'''::'''..~. . ~~ ~... _L "'"- J , "t4 J__" _>-1 ""I:f\i'A;",Ji;~". . . THE PATRIOT NEWS THE SUNDA y~ P-A'rTRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L, Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of gener!3-1 circulation, printed and pUblished at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed !3-nd published in their regul!3-r d!3-i1y and/or Sund!3-Y/ Metro editions which !3-ppe!3-red on the 24th !3-nd 31 st day(s} of July !3-nd the 7th d!3-Y(s) of August 2001. Th!3-t neither he nor said Comp!3-ny is interested in the subject m!3-tter of s!3-id printed notice or !3-dvertising, !3-nd th!3-t !3-11 of the !3-lIeg!3-tions of this st!3-tement !3-S to the time, pl!3-ce !3-nd ch!3-r!3-cter of public!3-tion !3-re true; !3-nd Th!3-t he has person!3-1 knowledge of the f!3-cts !3-fores!3-id and is duly authorized !3-nd empowered to verify this statement on beh!3-lf of The Patriot-News Co. afores!3-id by virtue and pursu!3-nt to !3- resolution uni3-nimously p!3-ssed !3-nd !3-dopted sever!3-lIy by the stockholders !3-nd bO!3-rd of directors of the s!3-id Company !3-nd subsequently duly recorded in the office for the Recording of Deeds in !3-nd for said County of D!3-uphin in Miscell!3-neous Book "M", ';~::I:::;;~~m~{ mm COpy Sworn to !3-nd subsc ibe 's 21st d!3-Y f Augu 01 A.D. S ALE #54 Notallal Seal Torry L. Russell, Notary Public HorrlsbUll/, Dauphin County My Commission E""lros Juoe 6, 2002 NO ARY PUBLIC Member, Pennsylvania ASsoclatlon at Notaries My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURlHOUSE CARLISLE, PA. 17013 ~ Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or public!3-tion !3-tt!3-ched hereto on the !3-bove st!3-ted d!3-tes $ Prob!3-ting S!3-me Notary Fee(s) $ Tot!3-1 $ 700.32 1.50 701.82 Publisher's Receipt for Advertising Cost The P!3-triot News Co., publisher of The Patriot-News !3-nd The Sundav P!3-triot-News, newsp!3-pers of gener!3-' circul!3-tion, hereby !3-cknowledge receipt of the !3-fores!3-id notice !3-nd public!3-tion costs !3-nd certifies that the S!3-me h!3-ve been duly paid. By.................................................................... ,-J .1" --'L ,- ";'<_~ ~ __ <>, "___n__ '"..--<.0- '" ~"-",, "" .,-" --',.,--," ",~ -.-"",', , 0"" _,,",.;,,_ C,-,';:,_ ,f'-;: ,'~":;",,-_,- "'-,./'~~' - SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, /I GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., j ./,/- Defendants IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 31'91 Steven R. Williams, attorney for Susan R. Mumma, Trustee, Robert M. Mumma, /I Grantor Retained Annuity Trust, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: Trl'lct 1 A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Tmct 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. 1. Name and address of owner(s) or reputed owner(s): Gemini Equipment Company, Inc., Gemini Equipment Business Trust Box E Bowmansdale, PA 17008 Mann Realty Associates, Inc. Box E Bowmansdale, PA 17008 ._~...' J_~ ,_l -~ - ~"_..' ,'-, --~ ". ,', '" -'~"--~ - ',-, --".",,-. . '>'--, .' ~ ~,;____ -~ "' '''';-''''''-,.:--' ~ s.' C,' ." ';'1},j 2. Name and address of defendant(s)in the judgment: Gemini Equipment Company, Inc., Gemini Equipment Business Trust Box E Bowmansdale, PA 17008 Mann Realty Associates, Inc. Box E Bowmansdale, PA 17008 ic: ! },l -.1 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: ':1 ;:~ .';1 :,J N/A 'j :"1 ';i 1 Susan R. Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust 244 North Lewisberry Road Bowmansdale, PA 17008 "1 J ~I I ~j ! 4. Name and address of the last recorded holder of every mortgage of record: ,j ! :j " CoreStates Bank, N.A., n/k/a First Union Bank Legal Department 5th and Market Street Philadelphia, PA 19106 ;J :J ij ~1 iJ ~J ~~ iJ i'1 ;1 :'1 ~1 11 fj ij Ii ,! CoreStates Bank, N.A., n/k/a First Union Bank 600 Penn Street, Third Floor Reading, PA 19602 5. Name and address of every other person who has any record lien on the property: N/A ','-' ---"-;",, >,-, .;. - '. ,,-," --.~'" .,' _ .2:' '< ~'" - ~ _ - ,_,_ - '.",_ ~ .n,_.,<,<.' ~,;" _.' "n '__, 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: Marlin Yohn Upper Allen Township Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: N/A 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 understand that false statements herein are made subject to the penalties of 18 Pa.C,S. S 4904 relating to unsworn falsification to authorities. i " i ,-1 s 'j Date: h/n)1? , '" '~ i ------ F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\AFFID PURSUANT TO 3129.1.3.doc 6113101 ~ _ >- -"" '" ".' _, . u 'L_ _. "__.~ L-,"-c .>C_ -- _~_ , ',-, ; V'_'" 'C-" ~"'-!. TRACT NO.1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #B-272, as follows, to wit: 'j; BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvani!l Route 114; thence along the westerly side of Pennsylvania Route 114 and T -611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. ':; '~j t; ,. ,~ iI ~J 'j :iJ -. " ~'j ii,; ',I.I ': h N 't 'j CONTAINING 19,812 square feet. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded . and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds Exhibit A - Page 1 ., .,,-, ,_c.o__< "---, , -C'_-.." ' -....,,-- ~' ." " Y'c,i ;1 i:~ , .(i East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of Georg~ H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, t~e distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of1 ,605.29 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. , ~~ , ;Ji " I '.' 'y; ::! ,I , o h:1 :rj ,:1 ',1 >.:i 'I :1' !~ i: ,1 i~ i;j j :1 ::j "i ,I J 1;1 ;~ :)j " N ;1 11 'I , b li ! ~ :~ 'j ~I :1 I ~ ., ~ ! , I il , " Exhibit A - Page 2 ~'~.;. >.'- ..'~' . ,,,',. .' .,. -. - . ,.' "''''''' ~ ~" ,,>. ..<. --" ."".,' " . '"J" '. ..,"'=" ;,,,,,-..'-,,;c,,,, ,_ ,,",''''- . '''''.v,,,':',''',",,,,, "~ .' 'o,'~"__".-'." ,'" '"". .,,"' '_:; , . SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE AFFIDAVIT OF MAILING Being first duly sworn according to law, Jeanette L. Roberts, paralegal with the firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, hereby deposes and says that, pursuant to Pa.R.Civ.P. No. 3129.2(c)(1), she mailed the Notice of Sheriff's Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.2 in the above-captioned case, a copy of which is attached hereto as Exhibit A, on June 13, 2001, by first class mail, postage prepaid to the following: . CoreStates Bank, N.A., n/k/a First Union Bank 600 Penn Street, Third Floor Reading, PA 19602 CoreStates Bank, N.A., n/k/a First Union Bank Legal Department 5th and Market Street Philadelphia, PA 19106 Marlin Yohn Upper Allen Township Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 ,I " ,_ ., ~ '0 0',"'",-- 't':, - , . _ ,- ,_ ,--c< " , ~ "'-"",--' ,0 ,'j--"V_' '-"'<,; ,,,,_>':,-,. ,- ',.._';_;"',, - 'i/-.'' '~',,-_;::".,"_" ,-,,'-'. -'.--;..,;:'(, " Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Being first duly sworn according to law, Jeanette L. Roberts, paralegal with the firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, hereby deposes and says that, on March 14,2001, the following was served by certified mail mail, postage prepaid to the following: Gemini Equipment Company, Inc., Gemini Equipment Business Trust Box E Bowmansdale, PA 17008 Mann Realty Associates, Inc. Box E Bowmansdale, PA 17008 Attached hereto as Exhibit B, pursuant to Pa.R.Civ.P. No. 3129.0(c)(2), are the appropriate U.S. Postal Service Forms 3817. WIX, WENGER & WEIDNER By: Jean e L. Roberts, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff SWORN TO AND SUBSCRIBED before me, a Notary Public, this _I ~K of .JUlie:' ' day ,2001. ~ ~~. SCb.4- tary Public My Commission Expires: (SEAL) F:\srw\5893 (MUMMA)\10470 (GRAT FOREClOSURE)\DOGUMENTSIAFFID OF MAll3.doc 6/13/01 NOTARIAL SEAL LISA M. SITES. NOTARY PUBLIC CI1Y OF HARRIS8URG. DAUPHIN COUN1Y MY COMMlSSI(J}\j EXPIRES APAll28. 2005 .1 "., ,-- .' - .. ,- i~: I:: :, SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO I:lENNSYLVANIA RULE OF CIVIL PROCEDURE ::I1?9 2 ~j TAKF NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: September 5,2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse Commissioner's Hearing Room - 2nd Floor 1 Courthouse Square Carlisle, PA 17013 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT A). ~' ~-<- ,~ j - >,1 ,'.. . 'oc'J!lnit-,,', THE LOCATION of the property to be sold is: Tract 1 A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Tract? - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. THE JUDGMENT under or pursuant to which the property is being sold in docketed in the within Commonwealth and County to: No. 01-1311 THEuNAME OF THE OWNER OR REPUTED OWNER of this property is: Mann Realty Associates, Inc., successor to Gemini Equipment Company, Inc., n/k/a Gemini Equipment Business Trust. A SCHEDULE 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 of this County not later than 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 the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF WITHIN DESCRIHED PROPERTY. IT HAS REEN ISSUFD BECAUSF THERE IS A .IlJDGMFNT AGAINST YOU. IT MAY CAUSE YOIIR PROPERTY TO HE HELD, TO BE SOl D OR TAKEN TO PAY THE .11 JDGMENT. 1.0.."= i.. ~ ,~I '<~.~ ,. .'"'- "'--"r;i~*- You may have legal rights to prevent your property from being taken away. 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 ADVISE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 of a legal defect in the obligation or the procedure used against you, 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within 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 petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. SHERIFF'S OFFICE F:\srw\5893 (MUMMA)\10470 {GRAT FORECLOSURE)\DOCUMENTS\SALE NOTICE3.doc 6/13/01 TRACT NO.1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #B-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Naurnan, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 sec<!lnds West, 314.82 feet to a steel rod in lands formerly of Reading Company now ConSolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 and T -611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. CONTAINING 19,812 square feet. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Li.sburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45 feet to a point at line of Lot No.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds Exhibit A - Page 1 I '" '^~ - ',,;,;i East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725:00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of land.s now or formerly of Miscikowski; thence along same, South 15 degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of-McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to apoint at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of1 ,605.29 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 2 I - _ ..., _ ~O, U.S. POSTAL SERVICE CERTIFICATE OF MAILI G MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NO PROVIDE FOR INSURANCE-POSTMASTER ? e in stamps stage and Inquire of for current Received From: WIX, WENGER & WEIDNER P. O. BOX S45 508 NORTH SECOND STREET HARRISBURG, PA. 17108 ~~ "' s: One piece of ordinary mail addressed to: ~ BARK, N.A., n/k/a I!'IRST 600 PRDa ~RR-P. ~ Jilf.lYR READING, PA 19602 PS Form 3817, Mar. 1989 GPO 1993 0 - 151-051 Received From: U.S. POSTAL SERVICE CERTIFICATE OF MAl I G MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOA INSURANCE-POSTMASTER WIX, WENGER & WEIDNER 1". O. BOX 845 508 NORTI-l ~cnND STREET HARRISBURG, PA, 17108 , One piece of ordinary mail addressed to: I:JHKS"r<<fES RaIIIC. B...A.. I.B;AL OBPARIMEI.tr 5'.m AND 'MARKET 1S.1"WSJSr PA PS Form 381."1; Mar. 1989 GPO 1993 0 - 151-051 U. ; POSTAL SERVICE CERTIFIC TE OF MAILING MAl'" BE USED FOR DOMESTIC AND INTERN llONAl MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: . WIX, WENGER & WEIDNER P. O. DOX 845 508 NORTH sECOND STREET HARRISBURG, PA. 17108 One piece of ordinary mail addressed to: MARLIN 'IrAN UPPJ:R ALLEN 7aIIISBIP TAX CXlLI:d!X:'l'tR 6 HICKnRV LANE MEX:Hl\I!UCSBlJRG, PA 17055 PS Form 3817, Mar. 1989 apo : 19930 - 151-051 . '"'.-,-"_ "", <-:C~,-;';/'i-_ ~ f V.S POSTA .'RVI CERTI JCATE OF AILING i. MAY BE USED FOR DOMESTIC AND INTERNAT-IONAl..: MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: WIX, WENGER & WEIDNER P. O. BOX 04$ ::: 508 NORTH SECOND HARRISBURG, PA. 17108 One piece of ordinary mail addressed to: COMB CARLISLE.. PA 17013 PS Form 3817, Mar. 1989 U.S. Postal Service ; . CERTIFIED MAIL RECEIPT j , (Domestic Mail Only; No Insurance Coverage Prollided) . IT" ...!I '"" <0 ...!I <0 Cl ru Certified Fee Return Receipt Fee ru (Endorsement Required) Cl Cl Cl Restricted Delivery Fee {Endorsement Required} $3.96 Cl Cl =r rn IT" IT" Cl I'- Total PoS'tage & Fees GPO : 1993 0 - 151-051 ...!I <0 C CertlfledFee ru Return Receipt Fee ru (Endorsement Required} Cl CJ CJ Restricted DelivaI)' Fee (Endorsement Required) ,. SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SAI E OF REAL ESTATE PURSIIANT TO PENNSYI VANIA RilLE OF CIVIL PROCEDURE 3129 2 TAKE NOTICE: That the Sheriff's Sale of Heal Property (real estate) will be held: DATE: September 5,2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse Commissioner's Hearing Room - 2nd Floor 1 Courthouse Square Carlisle, PA 17013 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT A). -,,, - ~ - "~ ' ~ - . ^ .-~ >,- ,... -~'J'~-: C~'-"_" '-''':_.,L_~O<'~",,;;; .__, ,- ,'''''-'" ",.",:""";'i,;;-'--,:,, _,' '--,--,L,' " t THE LOCATION of the property to be sold is: Tract 1A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Tract 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. THE JUDGMENT under or pursuant to which the property is being sold in docketed in the within Commonwealth and County to: No. 01-1311 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Mann Realty Associates, Inc., successor to Gemini Equipment Company, Inc., n/k/a Gemini Equipment Business Trust. A SCHEDULE 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 of this County not later than 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 the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME ANn PI ACE OF THE SALE OF WITHIN DESCRIRFD PROPFRTY. IT HAS RFEN ISSIJFn RECALJSE THFRE IS A .llmGMENT AGAINST YOLJ. IT MAYCAIJSE VOLIR PROPERTVTO RF HELD TOJaF SOLD OR TAKFN TO PAV THE .ILJnGMENT. ~_''','' '" "~". ".-."t:,~ ,_ ' "c~- ;...-";: - t,', c;", '".;.-..,', -1< ,.,' -.~ ,<,' "_''''' ;.'; -_,.',i ',..', _;_;,'~ , - ""~~~ You may have legal rights to prevent your property from being taken away. 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 ADVISE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within 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 petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the . petition. SHERIFF'S OFFICE F:Isrw\5893 (MUMMA)110470 (GRAT FORECLOSURE)\DOCUMENTSISALE NOTICE3.doc 6/13/01 . _ ".". ,----. '<"u/,,,__._ ",,',u' TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #B-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. CONTAINING 19,812 square feet. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45 feet to a point at line of Lot No.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds Exhibit A - Page 1 , ,- '<- >.~ '" -J, _-;l_" _.'__,_ -"~c-~'-.",. --\".~:,;,., "-'-":--~:-::--'''~'-'~-'--':_'~-<-- - - -'-~-: . . East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to apoint at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of1 ,605.29 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 2 " '. ~-,' -,,' - ,- ",,,-,.;:, '.', '- v 'C- , - '0" -;:;, : -v"~,',~:, ",'"-,,,,,F- ,~_~;;. . -'--<-'-:'.~~i~ , ' SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 0'- (3// ,_,,;il GEMINI EQUIPMENT COMPANY, INC., n/kla GEMINI EQUIPMENT BUSINESS TRUST and MANN REAL TV ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the document or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. As provided by Pennsylvania Rules of Civil Procedure NO.1 018.1, the following officer is designated to be named in the Notice to Defend in order to find out where legal help can be obtained. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ ~~ , _ 0 ." ~,. .0.".."" . ,_ ',~__""p'0-,.,.',,, . .;'i.,,_ __',,_. ',-,_ ;;"':~':-'",',,-~., CO;"',,, d"l-},,," ~,,;';'i-,:-' , "~f", ~.,~": SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, /I GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 6/- /3/) C;xy -r ~ GEMINI EQUIPMENT COMPANY, INC., n/kla GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE POMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Plaintiff, Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, by and through her attorneys, Wix, Wenger & Weidner, and files this Complaint in Mortgage Foreclosure, stating the following: 1. Plaintiff is Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, whose current address is 244 North Lewisberry Road, Bowmansdale, PA 17008. 2. Defendants are Gemini Equipment Company, Inc., nlkla Gemini Equipment Business Trust (herein, "Gemini") and Mann Realty Associates, Inc. (herein, "Mann"), each of whose current business address is Box E, Bowmansdale, PA 17008. 3. Mann is the owner of those certain parcels of land which are fully described on Exhibit A hereto, which is incorporated herein by reference as if fully set forth (herein, the "Property"), having acquired title by virtue of a deed from Gemini dated February 18, 2000 and recorded in the Cumberland County Recorder of Deeds office on January 3, 2001 to Book 237, Page 69. ~., ,~. ,,;, ,,~.,.,.- ,., - -I .".'.' ".".., ", , .-.'-- ,.:.---,,}-._-,,-,,-,..;; , ,'." ::"", -,;,.'~- -' """,,1.-,,-' - i'-i,~ " - n' ',."".c,c.:::-'" ;;."-.',, .: "",,'; .-i.icJ:;i--', _.. ',F. 4. On or about May 30, 1985, Gemini made, executed and delivered a mortgage upon the Property (herein, the "Mortgage") to Colston Nauman Moore, Spencer Gilbert Nauman, Jr., and Ernest S. Burch, Trustee under the Will of Gertrude Nauman, Deceased, and Spencer Gilbert Nauman, Jr., in his own right (herein, the "Assignors"), which Mortgage is recorded in the Cumberland County Recorder of Deeds office in Mortgage Book 779, Page 443. 5. On or about September 3, 1996, Assignors assigned the Mortgage to Plaintiff by a written assignment which is recorded in the Cumberland County Recorder of Deeds office in Misc. Book 529, Page 434. 6. There has been no further assignment of the Mortgage. 7. The Mortgage is in default because of Defendants' failure to make payments due thereunder. 8. The following amounts are due from Defendants under the Mortgage: Principal Balance: $563,532.58 Interest through December 8, 2000 at 10% per annum: $ 65,536.10 Interest December 9, 2000 through February 28, 2001 at 12% per annum: $ 83,000.96 5% Attorneys Commission: $ 28,17663 TOTAL: $740,246.27, plus per diem interest at the rate of $185.27 from March 1, 2001 and the costs of this action. 9. The Act of January 30, 1974, P.L. 13, No.6, as amended, 41 P.S. ~ 403 is not applicable to this foreclosure action. ,'~._~ '0--'" -'- , .- ;--'.---: .:,,' 0 '. -_\:~ -,'~ . __.;~';. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment of mortgage foreclosure against the Property in the amount of $740,246.27, plus per diem interest at the rate of $185.27, costs of this action, and such other relief as this Court deems just and appropriate. Respectfully S Date: 3h \0 I F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FOREC COMPLAINT.doc .... ~ ','.' ,.. _'." 1.'"" ,'".'.,-' , e..' . 'c,",',."", __' - '" '..0..""..00.'_.,;;' "'''';i TRACT NO.1 ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a nail marking the intersection of the center lines of McCormick Road (T -611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract NO.3 as shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County Surveyors, dated February 14,1985, Drawing B-D43. TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #R-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 Exhibit A - Page 1 ,'- ,,' ", , ., . ~,' -'-'~" ',.- .- '"; ;"~:-oj--:.~- " "'>;;;i - - "'::~ ! and T -611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot NO.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing Exhibit A - Page 2 ,I. '," ' ~. -C""',' -",' .0"', - _ , ,~< ~ ,',~". ;~:'>,',," --': :.' . - ~ .,- -- = "-:~i I along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 3 +.1 uL - '~\, ant by: WIX WENGER WEIONER- 7172344224; 03/05/01 5:51PMj.Jedlix #162;Pege 3/3 VfAIFlC6. TlON , , , i I, Susan fl. Mumma, Trustee, Robert M. Mumm~, " Grantor Retained Annuity Trust, Plaintiff in the foregoing Complaint, have read thJ foregoing Complaint and hereby afli~ and verify that it is true and correct to the ~est of my personal knowledge, information and belief. I verify that all of the statementsl made In the foregoing are trUe and correct and that false statements made therein mat subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falSiftcarion to authorities. I I cx:~!:u- Susan R. Mu a, stee, Robert M. Mumma, II Gr ntor Retained Annuity Trust DATE: , . ~ '~~ ~ "".,~~ . --';;;W' , / '. . .~ SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 2 TAKF: NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: September 5,2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse Commissioner's Hearing Room - 2nd Floor 1 Courthouse Square Carlisle, PA 17013 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT A). ",,;40_' .. . ..--~ " ~. ' ~",,"'\::' , . f , THE LOCATION of the property to be sold is: Tr;:lct 1 A Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Tmct 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. THE JUDGMENT under or pursuant to which the property is being sold in docketed in the within Commonwealth and County to: No. 01-1311 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Mann Realty Associates, Inc., successor to Gemini Equipment Company, Inc., n/kla Gemini Equipment Business Trust. A SCHEDULE 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 of this County not later than 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 the within County at the Courthouse address specified herein. THIS PAPFR IS A NOTICE OF THE TIMF AND PLACE OF THE SALE OF WITHIN OESCRIBF[) PROPERTY. IT HAS BEEN ISSllED RFCA1JSE THFRE IS A .IlJDGMENT AGAINST YOll. IT MAY CAIJSE YOllR PROPERTY TO BE HELD, TO gE SOl [) OR TAKEN TO PAY THF .JllDGMENT. ~".,="~~ ~=~ ~ - . I ~ - -: -" - '"""'-~ f , You may have legal rights to prevent your property from being taken away. 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 ADVISE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within 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 petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. SHERIFF'S OFFICE F:\srwl5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\SALE NOTICE3.doc 6/13/01 ,,=,_..,_.. , " -J.,,,,,",,~~I " . " , ~- ~ .-, ~ o"><'lC_~"P . . TRACT NO.1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #B-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. CONTAINING 19,812 square feet. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45 feet to a point at line of Lot No.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feetto a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds Exhibit A - Page 1 - ~ -,>],."lliM.,,1i:;h,"'! . '. " . Eas(1he distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to apoint at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of1 ,605.29 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 2 111_17"" ~~~1~:!iIi 'h~~' l1!l(~!il!iii-<,;!i;,-;d'W8~",",".~'i',"'I<-.9;h\t";;;flhk.~AiiI~'-'= >-J _ .~..~ .,~ ".~__ ",,,L~ a~ ~,,~,~~ . ,_ ~~.",_~ ,~... ,'. ~,_ ",,,-,, "'. _1'~_, .,,' ,>. ,,~ ~ _o'~.~, ,~,'" ~ ,. . - '<~.~~'jIllI~"" ~ ,"~ ., i'JiIi[jjjju'-''-' .," ,',-,' -... .=~- .~,,,~', .< ,:>'= -" "=,",",,,,~ "' .", ~- . '" ,'-, . ~ \C1 , ',. -- . -. -~ ".".~j.' -; '.,-- ~- -!.: ,-',"', "__._'1'_<,' -"-'.'h;-"'-~'" ,.;;,A" .".,".., -'-_"~,,,i" -' ~'-, ~;-._,. , 'o--_~ ' '~"1', '. -'" . SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, /I GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., c.,'v, 'L A c:f/alli _ kA ,J Respondents IN MORTGAGE FORECLOSURE ORDER AND NOW, this ).t~day of M- , 2001, upon consideration of Petitioner's Petition to Fix Fair Market Value of Real Estate and the Answer thereto filed by Respondents, which admits the fair market value of the Real Estate, and the attached Stipulation of the Parties, it is hereby ORDERED, DECLARED and DECREED that the fair market value of the Real Estate, as defined in Petitioner's Petition to Fix Fair Market Value of Real Estate, is set at $201,800.00 as of June 6, 2001, the date of ~ the foreclosure sale. It is further ORDERED that the hearing previously scheduled to . ~ ~ occur on August 10, 2001 in this matter is cancelled. N ;(1.,.0\ ~y Edward E. Guido, Judge F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTSIFMV ORDER2.doc ,~ ~- . ""'''.,,",''- '-c-,.,. .',,- ..~,' ""'-. ",.' ,-"" -",,,,1'-' _,_ ',-_-0.~' '",; -~" ,'" >_,~ ~ ;'J:!-~, ~.,";~_;;,;~"...: ~ ::_"':,. ',;"-,,L~,<~~'-;.~-_ ::;<:_:::~:_ ' \1 .. . p . SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., c ~. V'; l~ Act/ oM _ LA,.....) Respondents IN MORTGAGE FORECLOSURE ANSWER OF RESPONDENTS TO PETITION TO FIX FAIR VALUE OF REAL ESTATE AND NOW, come Respondents, Gemini Equipment Company, Inc., n/k/a Gemini Equipment Business Trust and Mann Realty Associates, Inc, by and through their counsel, Beauchat & Beauchat, and file this Answer, stating the following: 1. Admitted. 2 . Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7 . Admitted. 8. Admitted. 9 . Admitted. 10. Admitted. 11. Admitted. ". ". . .", , ',- " ,-.::.",",-~~,',' '''d' ;<;: .-,(-, ;J:.~ ,,-~.:0!i", ,-:.-,,:,;;,&~-",<~, ~;;;~; :o",,~:.-i,;,'" ~ ~j;,,:;~;~,l~:~;/- '\; .. , Respectfully Submitted, Beauchat & Beauchat I ~ By: Wendy Weikal-Beauchat, Esquire 63 West High Street Gettysburg, PA 17325 Attorneys for Respondents Date: 2 ,;$.tX , '"'" ~ " -"=--, -~- ; --,',,,"~ - ,-.~ , , --",~-~"~,"..-,, ", "" .. ',.1 <-"-;~-'--j ;:,;,'<: ",' .i."..,; ';';'bi , ',,-'. . " .-.;J~;. --, , , , , \ , , I SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Respondents IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I certify that the foregoing Answer was sent by United States first class mail, postage prepaid, this day to the following: Steven R. Williams, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorneys for Petitioner Respectfully Submitted, Beauchat & Beauchat By: Wendy Weikal-Beauchat, Esquire 63 West High Street Gettysburg, PA 17325 Attorneys for Respondents Date: [1"" ,", ;;, c~,'iilll~,r' --'--'-'.;' ,,' "~i~'tIj_-~~i~Jii'- , ~- ,,~ .., ~~ ~~H_ ~,'~ ,ho, " 0 r~ - -, .,~ '~-" ~," " ,~ --. ". ~ - ~. O~,~ c'-, , -.~- (:~,. ,~ "~) C_ ,_.i - . ~i .(- -,- I , I ~~~~.~'"'" ~ , "' ,. ~, ,-"",~^ . ~-"-~, , , . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, -------_______________________________________________--______________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in which ____n_n_n_n_ Robert M Mumma 11 Trust Tr . -------------------------------------------------------------_______________________ ~ thegr.antee 6th the same having been sold to said grantee on the ----------_______________________________n____ day of June 01 ___nn___n_n_____h______n____h____ A. D., ; _____, under and by virtue of a wriL_n________n Execution . 14th __________________n___ _____ ___ n _____ _n__ n___ ISSued on the ______ _____ n ___ __ __ __n __ __ n__n ___ March day of _____________________n___ A. D., Ci vii --------------------- ---------.,.----- --- -- -- - -- -- ------- -- --- -----_____ ____ __ _____ Tenn, . 01 __n_' out of the Court of Cornman Pleas of said County as of 01 . 1311 . Susan R Mumma Tr for Robert M Mumma 11 Grantor Number __________n__' at the swt of ---n-------n---n---------------n------1lEtai:lre-d-tmn"i1:y-Trus t --------------------_______________aga~t_--~~~jlli_~SL~ip~~_~~_~~_~~~_~~~__~:~~!:~_~~~~~~e.rt Bu~iness Trust & Mann Realty Assocs Inc duly recorded in Sheriffs Deed Book No. ___~It!>______, Page __n_~~~____. IN TESTIMONY WHEIlEOF, I have hereunto * set my hand and seal of said office this _L'I..__.n__ day _, _02~( .iL___~..;;;.;;._;;;;;;... .................. ~.~.CIIIlIlt.._M iil~~..........il- ~f~1b'rn] (j ""-~-lljt.Ll!lo/i'!:L~~_\'!'i;lli>lll'Q!iw,1i"":W-JIM:-'",J",'.Qic"~~,"0',,,,'-I'",,:iliffiU-M,j,ci!l~liir:is:Er=~~"'-~""""-~~~ lfl.fl"lIi3 .,,""o3ll1>~ .ltlteQ III ,,0"0'" -.Afl.1o ttl1n~M /rIilllllltllQd ,1;liU'."~~ lit ~'_."M =.<__,~~ _,~ ."'''___', ,~_~_,~ """~~"" _"'_"~ C~ ". " -- iltlii ~. C,_ -'"""'~""'\lIi~ll!lii~ ,~-- - __ ~_,_ __ ,",' _, "._~ __ ~ r_"__~'C r", __ __ __ ,~,~",,"~ ,,~ !-fl , \1 I I H I: A . . SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, Plaintiff v. GEMINI EQUIPMENT COMPANY, INC., n/kla GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants TO THE PROTHONOTARY: .-. - ~ -" '_ ':~"p '~_'_Hj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1311 IN MORTGAGE FORECLOSURE PRAFCIPF Pursuant to the Stipulation of Parties attached hereto, please enter in this case judgment of mortgage foreclosure against the Property in the amount of $740,246.27, plus per diem interest at the rate of $185.27 and costs of this action. Date: 3\1l.j\01 By: Stev 508 orth Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTSIFOREC STIPU.doc 3/14/01 " - ~ _,_~~~C__=_,,_._,< -_~_'__<_"_" .;.,-,_"~".__,,,,", _~'~_'''' H-'.'.u",~"~::,-'_"_~_'__o'; Cj I ~ , . . , SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 0 I - , ~ \ , GEMINI EQUIPMENT COMPANY, INC., n/Kla GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE STIPULATION OF PARTIES AND NOW, come Plaintiff and Defendants, by and through their respective undersigned counsel, and enter into this Stipulation of Parties, stating the following: 1. Defendants admit paragraphs 1 - 9 of Plaintiff's Complaint filed in this case. 2. Plaintiff is entitled to a judgment of mortgage foreclosure against the Property in the amount of $740,246.27, plus per diem interest at the rate of $185.27 and costs of this action. 3. The Cumberland County Prothonotary is hereby authorized and directed upon Praecipe of Plaintiff to enter in this case judgment of mortgage foreclosure against the Property in the amount of $740,246.27, plus per diem interest at the rate of $185.27 and costs of this action. 4. The undersigned counsel for Plaintiff and Defendants certify to this Court that they each have authority to enter into this Stipulation on behalf of their respective clients. " By: Ste 508 orth Second Street P.O, Box 845 Harrisburg, PA 17101 Attorneys for Plaintiff Date: 3/,1./10/ ..u~ <", '.,,"' "" M -' '''' -.j "f""'" ""~';li;' ,,--,,<~~ ' -,-., Respectfully Submitted: Beauchat & Beauchat ~/r? By. - -r ' dy Welkal-Beauchat, Esquire 116 Baltimore Street Gettysburg, PA 17325 Attorneys for Defendants Date: .3/;-1/01 F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FOREC STIPU.doc ~-.'=,%-~~,-'--'-' -,-~""~-'-"--' - 'c-tn~ =~.,<>-~ ~ ~ --l~" .1 ",' , "'~r"":~';' . C PROTHONOTARY'S OFFICE Court House.. Carlisle, PA 17013 In accordance with Rule 236 of the Pennsylvania Supreme Court,this is to notify you that the following (order) (decree) (judgment) was entered against you in this office. Plaintiff SUSAN R. MUMMA, TRUSTEE, Defendant ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Date })1../J..'<_-L.L /'-( "'.2fH2L # Ol-)~J I Civil 19 ~Jh1J~ f f""j ~ . Proihono~1fY , <,- '-."',',. ~,. -" .~..". 'U;~~ or ,-.. '-". C",.~." '. ,,-' l_'., "-""'~-- ',. --," ,", ',",,"-,"""_i"--.-<kl~_-_..."!;,{"',_, -''-, --, __ _i_.i';: SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, iNC., Respondents IN MORTGAGE FORECLOSURE ACCEPTANCE OF SERVICE i, Wendy Weikal-Beauchat, Esquire, hereby accept service of Petitioner's Petition to Fix Fair Market Value and Order setting a hearing on said Petition in this case on behalf of the Respondents and certify that I am authorized to do so. Respectfully Submitted, Beauchat & Beauchat By: Wendy Weikal-Beauchat, Esquire 63 West High Street Gettysburg, PA 17325 Attorneys for Respondents Date: ,IIel6, F:lsrwlP893 (MUMMA)110470 (GRAT FORECLOSURE)IDOCUMENTSIFMV ACCEPTANCE2.doc .,- ^- __ ." 'J _' '_ -0 _~ -_, ~- ~---;y--_:/' "~. ;~- ---" <-~- -~c,. c' ,~,=';w,' ~'";'"' -_.-- ';';''':''''''_'---'~""-,,,-.~,,,,- ' ;'\';'-lij '- SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, 1/ GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Respondents IN MORTGAGE FORECLOSURE STIPULATION OF PARTIES AND NOW, come Petitioner and Respondents, by and through their respective undersigned counsel, and enter into this Stipulation of Parties, stating the following: 1. Petitioner filed its Petition to Fix Fair Market Value (the "Petition") in this case on June 12, 2001. 2. In its Petition, Petitioner alleged that the fair market value of the subject property, which is unimproved farmland and is more specifically described in the Petition, and the attached legal description (the "Real Estate"), was $201,800.00 as of the date of the mortgage foreclosure sale that occurred on June 6, 2001. 3. Respondents filed their answer to the Petition on or about July 23, 2001. 4. In their answer, Respondents admitted all of the paragraphs of the Petition, including Petitioner's allegation of value. 5. Because there is no dispute between the parties as to the fair market value of the Real Estate as of the date of the foreclosure sale, Petitioner is entitled to an Order fixing the fair market value of the Real Estate at $201,800.00. ~ < '-'> - ", -- ,.'--'" . _ ."-, - --he y p"'>,," .:;"-. -c' "_"_;""~'_-C' '--~',-"d;"-u), .';~" ';_k._~O;",;;"x"''''~;,;;,;;\",_.',~'d'''''<,;":,, _', ,'_', _ ,_-_' . . .. 6. The undersigned counsel for Petitioner and Respondents certify to this Court that they each have authority to enter into this Stipulation on behalf of their respective clients. By: St e 508 rth Second Street P.O. Box 845 Harrisburg, PA 17101 Attorneys for Petitioner Date: ""12~1"1 Respectfully Submitted: Beauchat & Beauchat By: Wendy Weikal-Beauchat 63 West High Street Gettysburg, PA 17325 Attorneys for Respondents Date: ....,12.~/OI F:\srwl5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FMV STIP2.doc 2 --< ';--o-,-,-O'-q ,_ _T.' ,'_ ,~<"_-, - -~ . . . LEGAL DESCRIPTION .'''-.-.,-, ,,',-,--; .,-~,,;, " ),i",-,-,;', -.'''' ~~'.', '-";""~<',v,o--',J,_.~A/_ ;-\<~ .. - i', .,~_c. ."'_ -, -;;-.';<,'.,'1_ ,-,,_ '0-;,.,.,-.,-<,_.: "'.-.r'_~o. ,~ _ -"'~_,';"',->',i"_,_;,,,~'-,",,i"''''J':_ . . . . TRACT NO.1 ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a nail marking the intersection of the center lines of McCormick Road (T-611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No.3 as shown in the sUNey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No: 3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 40 seconds East, 1761.50 to a steel rod; thence North 67 degrees 30 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. CONTAINING 50.995 acres of agricultural land in accordance with a sUNey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County SUNeyors, dated February 14, 1985, Drawing E-543. F:\srwl5893 (MUMMA)110470 (GRAT FORECLOSURE)IDOCUMENTSITRACT NO 11egal.doc -~ , , ,_'" H m'" , , ., ~.c , .h , .. , -" , , -'''-'' '-;" .' , '-~._2=~'.L-_ -,L-. ,.:-:~'!.o'~, ",,-,,- ~"">e --;1.-'<:5<. "-"" ..-,-"~--- '.:;.;; "_,i , SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE STIPIII ATION OF PARTIES REGARDING LEGAL DESCRIPTION AND NOW, come Plaintiff and Defendants, by and through their respective undersigned counsel, and enter into this Stipulation of Parties, stating the following: 1. On March 8, 2001, Plaintiff filed her Complaint in Mortgage Foreclosure in this case. 2. On March 14, 2001, by Stipulation of the Parties, the Cumberland County Prothonotary entered judgment in this case in favor of Plaintiff and against Defendants. 3. Subsequent to the entry of the judgment, the parties learned that there were errors in the legal descriptions of the tracts subject to the foreclosure and judgment. 4. The parties acknowledge and stipulate that the legal descriptions attached to this Stipulation as Exhibit A are correct descriptions of the properties subject to the foreclosure in this case. 5. The parties further stipulate that the legal descriptions attached to this Stipulation as Exhibit A shall replace the legal descriptions attached to and included in the pleadings in this case and shall be incorporated therein as if fully set forth and attached thereto. j'. _~ - ." n_ ,_, ,--.-,,- " -'-"'""-'-- ,-;--,. ~__,_ h_, 6. The undersigned counsel for Plaintiff and Defendants certify to this Court that they each have authority to enter into this Stipulation on behalf of their respective clients. Respectfully Submitted: Beauchat & Beauchat R. Williams, Esquire 508 orth Second Street P.O. Box 845 Harrisburg, PA 17101 Attorneys for Plaintiff Date: 3)J.f/o, ~JA- By. Wen eikal-Beauchat, Esquire 116 Baltimore Street Gettysburg, PA 17325 Attorneys for Defendants Date: Jj.;"~1 F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FOREC STIPU2.doc " ,~,~ ."'~"- - J "~':~~' C~',,-," - ^_!-c'< -'" -_ /,""'_;',"-''- 'l-,,,,,_,.}"~,,,,,_-'" "_.,_' ,,'_' ' "~,~ I, I . ,i!- TRACT NO.1 ALL THAT certain parcel or trac~ of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylva~ia, more particularly bounded and described as follows:, BEGINNING at a nail marking th intersection of the center lines of McCormick Road (T -611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line f said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to nail; thence along a northern line of Tract NO.3 as shown in the survey hereinafter entioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; then e along the western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds Est, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degree 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a poi t in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 inutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, N rth 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at com r of land now or late of Jerry T. Simpson; thence along said Simpson land, North 02 egrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern righ of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 1 minutes 40 seconds East, 1761.50 to a steel rod; thence North 67 degrees 30 minute 55 seconds East, 331.86 to a point, the place of BEGINNING. \, CONTAINING 50.995 acres of agri~lturalland in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et a., by Adams County Surveyors, dated February 14, 1985, Drawing E-543. , \ i, TRACT NO. 1-A i 1 i ALL THAT CERTAIN tract or parcel o~and situate in Upper Allen Township, Cumberland County, Pennsylvania, b unded and described according to a survey plan made by Adams County Surveyor, J. i1ey Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #B-272, s follows, to wit: i BEGINNING at a steel rod along the w sterly side of T -611 and lands of Spencer G. Nauman, Jr., et al; thence along lands f same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel ro in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail) thence by lands of the same and radial to the center line of the eastbound tracts form rly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and p rallel to and 25 feet from the center line of said tracks by a curve to the left having a radi s of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 min tes 35 seconds East, 264.92 feet to a point 25 feet southeasterly from the center line of aid tracks and near the westerly side of Exhibit\A - Page 1 " ~ -i::l. ,$1,,,,_ ~._ ''''~ ' .-,-.,".,-"., "'."-r,, '" " .,', -. ~_ _"_ 'n ' ,', '. '. _"' _-,~. ~, ,-"" ' --"" ". __ - - ~._ " .,~,n__. -"---'~ _ _ 'j;- "' ;;, ~-,,-(, ~'--'--;"'-"""'>: :, "~-' -' "" . Ii" . Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. CONTAINING 19,812 square feet. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along L6fNb.6, South 04d-egrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtendedby a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing Exhibit A - Page 2 '" ~-, ,- ,-"; _~ - - = 'C" . . . . along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of1 ,605.29 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 3 . ",' i'__~ ~ [j :~l -I: ~ ~ ii " - Sent by: WIX WENGER' 't";." '...'.:...,..I.'~ ! ;/ t. ~"I, " _I _I t. _,,"L ^ - j-~ f"-~~ ~ 7172344224; , 03/19/01 12:43PMiJedax #276;page 2/8 , l SUSAN R. MUMMA, TRUSTEE, ROBERT M, MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/kJa GEMINI EQUIPMENT BUSINESS TRUST and MANN REAL TV ASSOCIATES, INC , Defendants IN MORTGAGE FORECLOSURE Ai=i=lnAVIT PIIRFll'ANT TO Rill F 3179 1 Steve R. Williams, attorney for SLls~n R Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, Plaintiff in the above action. sets forth as of the date the Praecipe for the Writ of Execution was! filed the following information concerning the real property located at: Tmr.t 1 -Described on a survey prelpared by Adams County Surveyors, dated , I February 14, 1985, known as Drawing 8-043. TrAM 1 A -Described on a survey p~epared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. TrAr.t ? - DeSCribed as Lot, on thel Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 ' as more speCifically described in Exhibit A hereto, 1. Name and address of owner(s) or r!'lputed owner(s): Gemini Equipment Company, Inc., Gemini EquiplT!ent Business Trust Ejox E Bowmansdale, PA 17008 Mann R,ealty ASSOCiates, Inc. Box E Bowmansdale, PA 17008 ~AR 19 2881 13:81 7172344224 PAGE.iJ2 ~-~" _4..' .) Sent by: WIX WENGER WEIDNER- ~~0 ., L_'_ ~~ ,~ I' 7172344224; , 03/19/01 12:43PMiJedax #276jpage 3/8 " , , 2. Name and address of defendant(s) In the judgment: Gemini Equipment Company, Inc.. Gemini Equipment Business Trust Box E Bowmansdale, PA 17008 Mann Really Associates, Inc. Box E Bowmansdale, PA 17008 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holaer of every mortgage of record: Susan R Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust 244 North Lewisberry Road Bowmansdiale, PA 17008 Core States Bank, NA, n/kia First Union Bank 600 Penn Street, Third Floor Reading, PA 19602 CoreStates Bank, NA, n/kJa First Union Bank Legal Department In S 5 :and Market _ treet Philadelphia, PA 19106 5, Name and address of every other person who has any record lien on the property: N/A MAR 1921211211 13:1211 7172344224 PAGE. 1213 '" ,,~ _~=n . ] I................. I 71723442~4j r I ~3/19/01 12:43PMiJedax #276ipage 4/8 '-. .. ~ ,- -~ J " . ~ H K': Sent by: WIX WENGER WEIDNER- , ~, i 6. Name and address of every other p rson who has any record interest in the property and whose Interest may b affected by the sale: i Marl n Yohn Upper Allen To nship Tax Collector 6 Hic cry Lane Mechanics urg, PA 17055 Cumberland Cou~ty Tax Claim Bureau 1 Courthfuse Square Carlislel PA 17013 I 7. Name and address of every other p~rson of whom the plaintiff has knowledge who has any interest In the propert~ which may be affected by the sale: ~A I I I verify that the statements made In~hiS Affidavit are true and correct to the best of my personal knowledge or information nd belief. I understand that false statements herein are made subject to the penalties 0 18 Pa.C.S. S 4904 relatl to unsworn falsification to authorities Date: - "'11"'\0 \ R & WEIDNER, F:\srw\S893 (MUMMA)\\0470 (GRAT FOReCLOSUREI\DOcutENTSIAFFID PURSUANT TO 3129\.dOC ;(1'/01 I MAR 19 212101 13:1211 7:72344224 PAGE. 1214 u "'~""'".~~ " ~ , ~, , - I' , ,-" - ~,-" .'," , ~,.t;, 7i12~4~2~~;o.' 03/19/01 12:43PMiJedax #276jpage 6/8 Sent by: WIX WENGER WEIDNER. ... TRACT NO.1 I I ALL THAT certain parcel or tract of agrlcul!uralland situate in Upper Allen Township, Cumberland County, Pennsylvania, more ~articularlY bounded and described as follows: BEGINNING at a nail marking the intersection of the center lines of McCormick Road I (T -611) and Pennsylvania Route 114, also! a public road leading from Bowmansdale to Llsburn, thence in the center line of said MpCormicK Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; therce along a northern line of Tract NO.3 as shown In the survey hereinafter mentionect South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along 'he western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds East, 149~,00 feet to a post; thence continuing along said Tract NO.3. South 84 degrees 30 min!utes 50 seconds West, 59602 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the!Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes ~O seconds West, 271,69 feet to a point; thence contrnuing in saId Creek, North 72 ~egrees 28 minutes 30 seconds West 39000 feet to a pOint in said Creek at corner of la~d now or late of Jerry 1. Simpson; thence along said Simpson land, North 02 degree~ 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of waf line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 midutes 55 seconds East, 331.86 to a point, the place of BEGINNING. CONTAINING 50.995 acres of agricultural!land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by ~dams County Surveyors, dated February 14,1985, Drawing B.D43. ' TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of lanell situate in Upper Allen Township, Cumberland County, Pennsylvania, boun~ed and described according to a survey plan made by Adams County Surveyor, J. Rile~ Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #R-272 , as f~liows, to wit: I BEGINNING at a steel rod along the west,rly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of ~ame, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod i~ lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); ttlence by lands of the same and radial to the center line of the eastbound trac1s formerll of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 4 minutes 10 st;lconds West, 44.00 feet to a steel rod; thence northeastwardly and par. Ilel to a. nd 25 feet from the center line of said tracks by a curve to the left having a radlu of 3471 .02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minujes 35 seconds East, 364,92 feet to a point 25 feet southeasterly from the center line of slaid tracks and near the westerly side of Pennsylvania Route 114; thence along th~ westerly side of Pennsylvania Route 114 ExhibitA - Page 1 ~AR 19212121 13:1212 71 72344224 PAGE. 1216 'J'"-'~ . ~ ~ . h: ,~"~," ~ _ '117~344224' " . ' ~I,- , Sent by: WIX WENGER WEIDNER- 03/19/01 12:44PMiJedax #276jpage 7/8 , "..' , and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows, BEGINNING at a point in the center line of East Lisburn Road (S.R 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25 feet to a point at line of Lot No.6 on the aforesaid subdivision plan; tnence along same, along the arc of a 25.00 foot radius curve to the left which curve IS subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35,36 feet, an arc distance of 39,27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201 00 feet, an arc distance of 201 ,57 feet to a point; thence continuing aiong Lot NO.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381 ,93 feet, an arc distance of 408,24 feet to a point; thence along same, along the arc of a 725,00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461 .44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No, 6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerlY of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H Holer; thence aiong same, South 79 degrees 26 minutes 00 seconds East, the distance of 666. 12 feet to a point at line of lands of Gary L Nalbandian/thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 11 minutes 60 seconds East, the distance of 531 .07 feet to a poin~ at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224,47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing Exhibit A - Page 2 MRR 19 2081 13:02 7172344224 PAGE. 07 .1 '~, '.=<C~"~ ; , 1 " , ,-- - I , . ~ ,--,,, ~- " -~ -~-'"-'7_' Sent by: WIX WENGER WEIDNER- 71723442~4j 03/19/01 12:44PMiJedax #276;page 8/8 . ~ , along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a pOint; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 27492 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247, 19 feet to a point at line of lands now or formerly of DiPietro; thence along same. North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feeUo a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G, Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and place of BEGINNING, CONTAINING 113.844 acres of land. Exhibit A - Page 3 MAR 15 2881 13:83 7172344224 PAGE. 1218 ~f""N '""'-~ I~ .~ Co.-_.I," >~k,,: ., . f . SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/kla GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE NOTICF OF ~HFRIFF'~ ~AI F OF RFAI F~TATF PUR~IIANT TO PFNN~VI VANIA Rill F OF CIVil PROCFnllRF ~1?9? TAKF NOTIr.F: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 6,2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse Commissioner's Hearing Room - 2nd Floor 1 Courthouse Square Carlisle, PA 17013 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT A). """'~~ . . ~. I -'~l! _ ""_In_." ~ _ " -,~' J _ ~<, o , THE LOCATION of the property to be sold is: Tn'lr.f 1 -Described on a survey prepared by Adams County Surveyors, dated February 14, 1985, known as Drawing B-D43. Tr::lr.f 1A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Tmr.f ? - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. THE JUDGMENT under or pursuant to which the property is being sold in docketed in the within Commonwealth and County to: No. 01-1311 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Mann Realty Associates, Inc., successor to Gemini Equipment Company, Inc., n/k1a Gemini Equipment Business Trust. A SCHEDULE DISTRIBUTION, being a list of the persons andJor 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 of this County not later than 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 the within County at the Courthouse address specified herein. THIS PAPFR IS A NOTIr.F OF THF TIMF ANn PI Ar.F OF THF SAI F OF WITHIN nFSf:RIRFn PROPFRTV. IT HAS RFFN ISS\ IFn RFr.AIISF THFRF IS A .lllnr,MFNT Ar,AINST YOII. IT MAY f:AIISF YOIIR PROPFRTY TO RF HFI n TO RF SOl nOR TAKFN TO . PAY THF olllnr,MFNT. . _~,,_=,~,,' ,~' I . _j _. - i -~~~,' -- " '" ---=', , '~:ii.i-; '. " You may have legal rights to prevent your property from being taken away. 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 ADVISE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within 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 petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. SHERIFF'S OFFICE F:\srw\5S93 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTSISALE NOTICE2.doo ~~ I. ~.._ "_. - ,. . """'~- ~ ""'",:- TRACT NO.1 ALL THAT certain parcel or tract of agriqJlturalland situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a nail marking the intersection of the center lines of McCormick Road (T-611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract NO.3 as shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County Surveyors, dated February 14, 1985, Drawing B-043. TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #R-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 Exhibit A - Page 1 ,~~ ~. ' " ~L _"~~J_ , J __ 1 I and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. TRACT NO. 2- ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is . subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of iands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing Exhibit A - Page 2 . I ~ '...- ~~.J > l....J ~~ L._ _0 '" " ~'1~' ~nj [UHf <i " along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. Exhibit A - Page 3 f~-<"'"'~'~ j >' '",.;;I i_-., - -...... ''''"',; Sent by: WIX WENGER WEIDNER- . 7172344224; 03/19/01 12:40PM;J~ #276jpage 2/8 SUSAN R MUMMA, TRUSTEE. ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/kJa GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC, Defendants IN MORTGAGE FORECLOSURE AF=F=lnAVIT PLlRSIIANT Tn Rill F :l.1.,Q 1 Steve R. Williams, attorney for Susan R Mumma, Trustee, Robert M. Mumma, II Grantor Retainec:t Annuity Trust, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: Tr;:'1~t 1 -Described on a survey prepared by Adams County Surveyors, dated February 14, 1985, known as Drawing B-D43. Tract 1A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Jract 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. 1. Name and address of owner(s) or reputed owner(s): Gemini Equipment Company, Inc., Gemini Equipment Business Trust Box E Bowmansdale, PA 17008 Mann Realty Associates, Inc. SoxE Bowmansdale, PA 17008 I " ,- . , . ~ ,,-. Sent by: WIX WENGER WEIDNER- 7172344224; 03/19/01 12:40PM;JediK #276;page 3/8 2, Name and address of defendant(s) in the judgment: Gemini Equipment Company, Inc., Gemini Equipment Business Trust Box E Bowmansdale, PA 17008 Mann Realty Associates, Inc. Box E Bowmansdale, PA 17008 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: Susan R. Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust 244 North Lewisberry Road Bowmansdale, PA 17008 Gore Slates Bank, N.A., nlk/a First Union Bank 600 Penn Street, Third Floor Reading, PA 19602 CoreStates Bank, NA. nlk/a First Union Bank Legal Department 5'h and Market Street Philadelphia, PA 19106 5. Name and address of every other person who has any record lien on the property: N/A . I d < . ~' , ,,. Sent by: WIX WENGER WEIDNER- 7172344224j 03/19/01 12:40PM;~ #276;page 4/8 6. Name and 1'lddress of every other person who has any record interest in the property and whose interest may be affected by the sale: Marlin Yohn Upper Allen Township Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: N/A 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 understand that false statements herein are made subject to the pen1'llties of 18 Pa.C.S. S 4904 relati to unsworn falsification to authorities. Dale: _ '\. ~ '''''\0 \ R & WEIDNER, F:\srw\5893 (MUMMA)\10470 (GRA T FOREC~DSURE)\DOCUMENTSIAFFID PURSUANT TO 3129.1 .doc 3/1' I 01 ~ ,. , -' I ~ , ", ~ ,. t' ,-.... l"'!-l'lWiW;kd;.,...."'''""'"''',.J, . Sent by: WIX WENGER WEIDNER- 7172344224; 03/19/01 12:41PM;~ #276;page 6/8 TRACT NO.1 ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a nail marking the intersection of the center lines of McCormick Road (T -611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No.3 as shOwn in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 29 minutes 30 Seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No, 3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek: thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West. 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 3D seconds West 390.00 feet to a point in said Creek at comer of land now or late of Jerry 1. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County Surveyors, dated February 14, 1985, Drawing B-D43. TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #R-272, as follows, to wit BEGINNING at a steel rod along the west$rly side of T -611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of s~me, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod il) lands formerly Qf Reading Company now Consolidated Rail Corporation (Conrail); ttjence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corpor.ation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radiu$ of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 Exhibit A - Page 1 I ~ ~ . - ~~ - ,....--. 1 ,.- ~;' .-" ". ~~, .Ll:}.,- Sent by: WIX WENGER WEIDNER- 7172344224; 03/19/01 12:41PM;JediK #276;page 7/8 and T -611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lat No. 1 on a Subdivision Plan recorded in Cumberland County Plan BoOk 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 011,4) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of425.25 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 2S degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South i 2 degrees 09 minutes 26 seconds East and a chord distance of 201 .00 feet, an arc distance of 201 .57 feet to a point; thence continuing along Lot NO.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearil!lg South 40 degrees 41 minutes 31 seconds East and a chord distance of 381 ,93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 7250.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point: thence continuing along Lot No, 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Haler; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian: thence along same and also along lands of Lupinacci. South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point: thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing Exhibit A - Page 2 I -"- " . ,~ ~ ~ ~.....,~_c-",=__ ~,.I "-",*-,.l_",._..fu!i!~_; Sent by: WIX WENGER WEIDNER- 7172344224j 03/19/01 12:42PMj~ #27BjPage 8/8 along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Pnillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patlan; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feel to the point and place of BEGINNING. CONTAINING 113,844 acres of land. Exhibit A - Page 3 ,",_ ,^C.'" -"_' '_ i_, ,-. '''-t- -"- -', ,,' '~,_~,.', ,',' -,,:- c., ..,/: ""_-"",,-.0;-:-' ;; . ',--,", ,,--- ';;,: '''',',-,',- - ~'" ',' _""', ~.o<_'_~;,..c ':~:--'~;';,>5',,~_:;,,-;;!,,:<,>',,"_>'_~'_,~,'__ ,;..?'/~~ SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, !N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k1a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE AI=I=InA\fIT PIIR~IIANT Tn Rill 1= 31?9 1 Steve R. Williams, attorney for Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: Tn'lr.l 1 -Described on a survey prepared by Adams County Surveyors, dated February 14, 1985, known as Drawing B-D43. TrRr.l 1 A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. TrRr.t ? - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. 1. Name and address of owner(s) or reputed owner(s): Gemini Equipment Company, Inc., Gemini Equipment Business Trust BoxE Bowmansdale, PA 17008 Mann Realty Associates, Inc. BoxE Bowmansdale, PA 17008 ;., -~~- "_ ",i'f_ -- __; '_.' -, -.- i,',.' , ','- .~ ") 0,' - - . '-J,...;; :C" ~~ .._.;. _ . , ",'.- " ".--~---- , - - ~ ,,-C' "' ,', '"'-." 2. Name and address of defendant(s) in the judgment: Gemini Equipment Company, Inc., Gemini Equipment Business Trust BoxE Bowmansdale, PA 17008 Mann Realty Associates, Inc. BoxE Bowmansdale, PA 17008 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: Susan R. Mumma, Trustee, Robert M. Mumma, II, Grantor Retained Annuity Trust 244 North Lewisberry Road Bowmansdale, PA 17008 CoreStates Bank, NA, n/k/a First Union Bank 600 Penn Street, Third Floor Reading, PA 19602 CoreStates Bank, NA, n/k/a First Union Bank Legal Department 5th and Market Street Philadelphia, PA 19106 5. Name and address of every other person who has any record lien on the property: N/A "~- , '=--, ~ ~ 1_-, , '~_. ~; :;- ' , " 0,,-1 '.,- '_" ',- .",0 ,-;-- -',--->-;. ;',,:-ce,,",.',-"-- 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: Marlin Yohn Upper Allen Township Tax Collector 6 Hickory Lane Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: N/A 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relati to unsworn falsification to authorities. Date: .\6 "5.' 1'\\0 \ R & WEIDNER, F:\srwI5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTSIAFFID PURSUANT TO 3129.1.doc 3/19/01 ,,-,"" ,- _,"'-;,'C, w ,,__ 1-;:.:0-'- _-', .j',.", ,- 'I_'-__.",__~"-~-", "~---;,".~",,...,~-,;_-~'~ ,^,,,,", ~'_" - _.;;";"'_r,,;':.':";--:' .;~.;.~." '-"'___H --~__ , -,,-C'- ,"' ~,'--- ~_ ,__~;_ ib;;':::; i'~ Ie,. I': TRACT NO.1 ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a nail marking the intersection of the center lines of McCormick Road (T -611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract NO.3 as shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 2~ minutes 30 seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. r~' h I' l;" r;, !'~' ii: k , ( " CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County Surveyors, dated February 14, 1985, Drawing B-D43. TRACT NO.1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #R-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 Exhibit A - Page 1 ,,'~" , . 1, ,.- c _,,'.,. '.'" -_~ J:;;:,-- ,__,' 0,,'. _ _ , "' " ", ;>:'~-'~'~:,::;::Jj-", " -- '"- . "..;.J"~- and T -611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 11 minutes 60 seconds East, the distance of 531 .07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing Exhibit A - Page 2 '. , -~' ~ ~,,~, -;- ~ " . ',-, ,~ -,--' ,":',-..,,: ,. ,-.,'. --.. v :/~ii_'-~':;',;-<;-';"~ ,:__:; ,.,___ along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. ,', fi' e.' ( 1, ~; i.; (" , , :,i: i;~ r; Exhibit A - Page 3 ,'~. , ." . , ,"',,,--",- ," ,. .; ;-~",-,-~" '-' :';,:;,,,:' '"' '~', " -,i,o.;;: --,,,. ".;, '>',o",J.h< ., ,_.""",,,.,~ - -'. - ,',';"'; ;'." ,-' -- -' ;,.,.,.i" ";."-~it-','< ,~.'",..., J ,.j'>'>.-' "''h'" ,"".;.,', ~-~'.~ ,,"'ce._ . .h'"" ;i,." --,.~'- ". :",:~, '~'. C.' """'. i> . SUSAN R MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/kla GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Defendants IN MORTGAGE FORECLOSURE NOTICF OF ~HFRIi=i='~ ~AI F OF RFAI F~TATF PIIR~IIANT TO PFNN~YI VANIA Rill F OF CIVil PROCFnllRF ~1?Q' TAKF NOTIr.F: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: June 6,2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse Commissioner's Hearing Room - 2nd Floor 1 Courthouse Square Carlisle, PA 17013 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT A). ~" " - ~ , ~ - .n, ' _ ,"" . , " "'" ""'~"''''' - , ." - ",', ,'--,,-,', '," ";-""c' .,," -~ ',' "f~'_'~~h',:.,-"U", e. THE LOCATION of the property to be sold is: Tr::lr.t 1 -Described on a survey prepared by Adams County Surveyors, dated February 14,1985, known as Drawing 8-D43. Tr::lr.t 1 A -Described on a survey prepared by J. Riley Redding, dated July 20, 1981, known as Drawing #R-272. Tr::lr.t ? - Described as Lot 1 on the Subdivision Plan recorded at Cumberland County Plan Book 79, Page 73 as more specifically described in Exhibit A hereto. THE JUDGMENT under or pursuant to which the property is being sold in docketed in the within Commonwealth and County to: No. 01-1311 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Mann Realty Associates, Inc., successor to Gemini Equipment Company, Inc., n/k/a Gemini Equipment Business Trust. A SCHEDULE 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 of this County not later than 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 the within County at the Courthouse address specified herein. THI~ PAPFR I~ A NOTIr.F OF THF TIMF ANn PI Ar.F OF THF ~AI F OF WITHIN nF~r.RIRFn PROPFRTY. IT HA~ RFFN 1~~IIFn RFr.AII~F THFRF I~ A .Illnr,MFNT Ar,AIN~T YOI I. IT MAY r.AI J~F YOIIR PROPFRTY TO RF HFI n TO RF ~Ol nOR TAKFN TO PAY THF .lIlnr,MFNT, " " -; -, -, :~ -'. ",I ,_ . , ,c-" ~-. -,- L~<';'-_ i';~.""__', _, ~ _, -'n __, ~ . - -"..-', -, " ',0' 'C- -_. " : ;_, i,~ ,~,,/-;;;-;-- ,~ You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTL V. 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 ADVISE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within 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 petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. SHERIFF'S OFFICE F:\srw\5893 (MUMMA)110470 (GRAT FORECLOSURE)IDOCUMENTSISALE NOTICE2.doc . - ~ ~, <-- ~ < ,.;.; ,;' , , j" -" . -, ,-,'",,:, ,,- _,_Co__ ,.c"_e"_" 0'>*_';"-'" ,,-_;,., g- &'~-", TRACT NO.1 'I' ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a nail marking the intersection of the center lines of McCormick Road (T -611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract NO.3 as shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. i , ~' i- ii- ,. P'- I;' , ,. i/ ,I CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County Surveyors, dated February 14,1985, Drawing B-D43. TRACT NO. 1-A ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey plan made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E, dated July 20, 1981, drawing #R-272, as follows, to wit: BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G. Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55 seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the center line of the eastbound tracts formerly of Reading Company now Consolidated Rail Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00 feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25 feet southeasterly from the center line of said tracks and near the westerly side of Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114 Exhibit A - Page 1 'CA L,. , , <"hd ,~ , ," ',""'b~; . , .' ~ ,_.'.;,,-,,-' ~~-:,'i;-,:~,.-:":,~;'_(,~~ ~_.; o. ,;,C';";'i.;; and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as lot No. 1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561 .81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing Exhibit A - Page 2 -'--, _, -,-,-.__ ,-.1 - ~- " - """, ,:;, -~-'-,;--- ::"-':':-. ,i 'j along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1 ,631.67 feet to the point and place of BEGINNING. CONTAINING 113.844 acres of land. , " '-J ~.1 , ::: ,;1 H -_I , R ,i ,:1 , j I :'1 ,! .i ~ ~j ,! 'ii ij " Exhibit A - Page 3 ., ~ - "- ,. .~~, - ~^= .. <".-"-'-'-~- --.. --.- -"~~- -.-,-,-, ~~. .,- <,.: SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Respondents IN MORTGAGE FORECLOSURE PETITION TO FIX FAIR VAlliE OF REAL ESTATE AND NOW, comes Petitioner, Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, by and through her attorneys, Wix, Wenger & Weidner, and files this Petition to Fix Value of Real Estate pursuant to 42 Pa.C.S. S 8103, stating the following: 1. Petitioner is Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained Annuity Trust, whose current address is 244 North Lewisberry Road, Bowmansdale, PA 17008. 2. Respondents are Gemini Equipment Company, Inc., n/k/a Gemini Equipment Business Trust and Mann Realty Associates, Inc, each ?f whose current business address is Box E, Bowmansdale, PA 17008. 3. On March 14, 2001, Petitioner entered judgment in this case against Respondents for the sum of $740,246.27, plus costs and per diem interest at the rate of $185.27. '-'. - v'= ,~ ,_ ,'__'r"" , ",." --- -_,_~.~. .< "_0 "',',v.J,'.' ~'" . , . , 0-='""'__0 '*~',.""'" '-""-_'.' 4. This Petition relates to that certain parcel of real estate located in Upper Allen Township, Cumberland County, more particularly described on Exhibit A hereto, which is incorporated herein by reference as if fully set forth (herein, the "Real Estate"). 5. On June 6, 2001, in execution of the judgment in this case, Petitioner caused the sale of the Real Estate by the Cumberland County Sheriff. 6. On the date of the sale, the total interest due on the judgment amounted to $166,693.52, and the costs due Petitioner amounted to $2,500.00. 7. The Petitioner was the purchaser at the said sale of the Real Estate for the amount of $1.00. 8. Petitioner knows of no one who is or may be directly or indirectly liable to Petitioner for the payment of the judgment in this case other than Respondents. 9. The assessed value of the Real Estate as of June 6, 2001, was $201,800.00. 10. The fair market vaJue of the Real Estate as of the date of the said sale was Ii: ~i ~~ $201,800.00. 1'1. There are no prior liens, costs, taxes or municipal claims that were not discharged by the sale of the Property. There was no distribution on the sale of the Real Estate for any such items. 2 ." L,. , . .," . -, -. .-,~.," -, .~ ,". '--'""'.,],- '"".--' ",<" -,,', "";-",'1(__', "'..-~-,_"~ ;"'~'" '-"-M.",,, :'b.;~"f,""__~' ~., WHEREFORE, Petitioner respectfully requests that this Honorable Court fix the fair market value of the Real Estate as of June 6, 2001 at $201,800.00. ( itted, 'j, WEIDNER ,; Date: ,,/11/01 tev . Williams 1.0.#62051 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner !~ i~ l': f! " f\ 1': ,. I' ,I i; !? F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FMV PETITION2.doc 3 ~.= . ' , ---- '" ~,""- c' '"' --__ -- -~ -~ '"'n _c,n_,I,,_. - "'-'<C '--' ",',,-,. _,_ '"",'-, ",A'''>'"'_';'''@}'','2_'"-:,;--,-,,;<--,,_ ~ -"-' - -,'-}' ,'. TRACT NO.1 ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a nail marking the intersection of the center linfls of McCormick Road (T-611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes 10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No.3 as shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds West, 811.60 feet to a point; thence along the western line of said Tract No.3, South 02 degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along said Tract No.3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point; thence continuing along a western line of Tract No.3, South 00 degrees 38 minutes 50 seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point; thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00 feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet to a pin at or near the southern right of way line of Conrail (formerly the Reading Railroad); thence North 66 degrees 41 minutes 40 seconds East, 1761.50 to a steel rod; thence North 67 degrees 30 minutes 55 seconds East, 331.86 to a point, the place of BEGINNING. CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared for Spencer Gilbert Nauman, Jr., et aI., by Adams County Surveyors, dated February 14, 1985, Drawing E-543. F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\TRACT NO 11egal.doc , " , , , "-, '-"0 , .,;>. .~ . . ',." "." , " ",-. "-"-=~" ". -~-" ,,-'; " '-. ,..~"- '" -.'--1 -'~'i VERIFICATION I, Steven R. Williams, attorney for Petitioner in the foregoing Petition, have read the foregoing Petition and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. Petitioner is outside the jurisdiction of the Court, and the verification of her cannot be obtained within the time allowed for filing this Petition. I verify that all of the statements to which I have personal knowledge, information and belief are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities. The information a 0 matters not stated upon my own personal knowledge, information and belief h een provided to me by Petitioner. .~ -.., Date: b J "'0 I -~ - - i'. .,-~~.:: '"H_', ,-" -j' co - -, "i:. ,',_ _~_. ._'__,,_ -~-. .-," ",' -.l; ;;-..",_" _-_"'"__,~'__ <>",~,_~__''''__.dU__ _r,,'_"____~~., _ ",__ _,. j',_ SUSAN R. MUMMA, TRUSTEE, ROBERT M. MUMMA, II GRANTOR RETAINED ANNUITY TRUST, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. NO. 01-1311 GEMINI EQUIPMENT COMPANY, INC., n/k/a GEMINI EQUIPMENT BUSINESS TRUST and MANN REALTY ASSOCIATES, INC., Respondents IN MORTGAGE FORECLOSURE ~ ORDER AND NOW, this I;}. day of ~ the foregoing Petition, it is hereby ORD RED that: , 2001, upon consideration of ('-" : 1) a Rule is issued upon Respondents to show cause why the Petitioner is not entitled to the relief requested; 2) the Respondents shall file an answer to the Petition within twenty (20) days of service of the Petition on Respondents; 3) an evidentiary hearing on the Petition shall be h~d on 2001, atld ! (J6 A.m. in Courtroom number ~ , Cumbe and Co Courthouse; and 4) Petitioner shall serve on Respondents a copy of the Petition and this Order at least~ days prior to the hearing. I:.lIwAlt.J E. "'UI.tllJ J. .~ c~-~s ~~-,~.."...'. ,_...... 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