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Home My WebLink About99-01527 ~ c -..c .... .. ~ . ~ '"-. .-( ,~ 't 't:"- ~, \c).. ........ f'''llU'.flA,'Allll'~iI,NI)()(Wlll1fl1 Af, (''''''(II,I''''''OIU'',''4 1ft., 11.....01.1 JO'M DA VID S, MASLAND, M,D" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION. LAW EMMANUEL S, SHUGHART, Defendant NO, 99-1527 CIVIL TERM AF'FIDA VIT OF SERVICE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 AND NOW, this 8th day of November, 1999, I, Ivo V, Otto, III, Esquire, hereby certify and affinn that 1 have this day served the following entities with a copy of the Notice (a copy of which is attached hereto and made a part hereof) required pursuant to Pennsylvania Rule of Civil Procedure 3 I 29,2(e)(J)(iii), by first class, United States Mail, postage pre-paid, addressed as follows: J. Edward Clouse Calene M. Clouse 2075 Ritner Highway Carlisle, PA 17013 Paul H. Cook Beverley A. Cook 169 Ridge Road Carlisle, PA 17013 Rudolph M. Krumpe Clara S. Krumpe 13218 Postrider Court Hagerstown, MD 21742 Emmanuel S. Shughart 531 Pleasant Hall Road Carlisle, PA 17013 The Certificates of Mailing required pursuant to Pennsylvania Rule of Civil Procedure 3129,2(c)(2) are attached hereto and by reference incorporated herein, r I I , i EXIIIBlT "A" Tract No I ALL THAT CERTAIN tract of land situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: - Beginning at a stone in the Public Road; thencc by land now or formerly of John Minnich North one-half (Y..) degree West sixty-six and five-tenths (66.5) perches to a stake on line of land now or fonnerly of Washington Lehn's heirs; thence by lands now or formerly of Washington Lehn's heirs and John Lehn's hem North seventy-eight and one-fourth (78 1/4) degrees West one hundred and four (104) perches to a White Oak Tree; thence by lands of Jacob C. Waggoner and John D, Leib South seventy- five (75) degrees West one hundred and fifty-five and eight-tenths (155.8) perches to line of land now or formerly ofLcvi Mountz, formerly Wert; thence by the same South twenty-one (2 I) degrees East thirty-six (36) perches to a White Oak; thencc by the same South twenty-seven (27) degreea East thirty-seven (37) perches to a Pin Oak Tree; thence by land now or formerly of William Nailor, formerly Joseph Wetzel, South forty.eight (48) degrees East twenty-five and four-tenths (25.4) perches to a point in fence; thence by the same North eighty-three (83) degrees East twenty-five and eight-tenths (25.8) perches to a stone; thence by the same South thirty-three and one-half(33 ~) degrees East eight and eight-tenths (8.8) perches to a stone; thence by land now or fonnerly of Roy Finkenbinder North eighty-one (81) degrees East one hundred and seventy-four (174) perches to the place of beginning. Containing one hundred and thirty-six (136) acres, be the same more or less, EXCEPTING, however, a portion thereof conveyed to Richard D. Shughart and Joan M. Shughart, husband and wife, by Deed dated September 29, 1971, and recorded in the Cumberland County Recorder's Office in Deed Book "fI", Volume 24, Page 701. FURTHER EXCEPTING, however, a portion thereof conveyed to Erich John Klein and Elizabeth Mearns Klein, husband and wife, by Deed dated November 27, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "B", Volume 33, Page 1009, which tract is also described as being Lot No. 2 as set forth on a subdivision plan for Beverly A Cook, et aI., as recorded in Cumberland County Plan Book 53, Page 62. Tract No.2: ALL THAT TRACT of farm land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the Long's Gap Road; thence along lands now or formerly of Alfred Shughart, South thirty (30) degrees West, one hundred thirty- two and six tenths (/32.6) perches to a stone; thence by lands now or formerly of Alfred Quigley, North fifteen (15) degrees West, twelve (12) perches to a stone; thence by same, North sixty-five (65) degrees West, nine and six tenths (9.6) perches to a stone; thence by same, West, sixty-three and five tenths (63.5) perches to stones; thence by same, South eighty-five (85) degrees West, twenty-eight and five tenths (28,5) perches to a stone; thence by lands now or formerly of John Brown, North twenty-three and one fourth (23 1/4) degrees West, thirty-eight and six tenths (38.6) perches to center of public road; thence in said public road and division line orlands now or formerly ofW. K. Waggoner North seventy-one and one fourth (71 1/4) degrees East, one hundred eleven and six tenths (I I 1.6) perches to point in line of said Waggoner; thence by same, North twenty-nine (29) ~ ~ .'l) ~ ~ , - &i ,I ~ ,. .--J ..c- ;.11 , / , .~ ~:n -< ~ -< ''f'tUlI\QA'''~JlOJ-tl. ('.... 8111'*'01 U U,"" ...... IIIJ",OJ II on.. DAVID S, MAS LAND, M,O" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v. EMMANUEL S, SHUGHART, Defendant NO. 99-1527 CIVIL TERM . AFFIDAVIT OF SERVICE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2 AND NOW, this 22nd day of November, 1999, 1,1vo V, Otto, III, Esquire, hereby certify and aflinn that I have this day served the following entities with a eopy of the Notice required pursuant to Pennsylvania Rule of Civil Procedure 3129,2{c){I){i), by certified mail, return receipt requested, United States Mail, postage pre-paid, addressed as follows: Paul H, Cook Beverley A. Cook 169 Ridge Road Carlisle, PA 17013 J, Edward Clouse CaleDe M, Clouse 2075 Ritner Highway Carlisle, P A 17013 Rudolph M. Krumpe Clara S. Krumpe 13218 Postrlder Court Hagerstown, MD 21742 The Proof of Service of Mailing required pursuant to Pennsylvania Rules of Civil Procedure 3129,2{c){2) and 403 is attached hereto and by reference incorporated herein, L. .._~__J i SENDER: I ~ fi I I alto WI'" 10 ,oceIYI the fol!ow. ong _II'" on em lee); a~ i1emt 1 ancl'or 2 b N)to(N MMOM ~. Hmt 3. '., and 411 a PnnII 'fWI rwwne IW'd aoor... c.,,,-,...,... dh. fomIaottud "eMlletum Ihl ~Io,,,u a An.Kft.... kimllO Il'4 "0f1I of fhI "*'t:~. at un tt.. b6d11l~.. don orA ....... o Wn!al 'R.'urn R<<*IJI R~IIad.~' II.. m.c....I:*o.. h atId. runt"., a1lle"",\Jffl~"""It1oWI()""'lt"'l V...~w..a.IIve'e<lencf...CI.J1. _.", 3. Anlde Ada,oned 10. Rudolph M. Kr\llqXl Clara S. KrUlrpe 13218 Postrider Court Hagerstown, MD 21742 1 0 Addr...08" Addro" 2.0 ntttt'lCtod Delivery 48. ArtJdo NOO\ber Z 013 338 144 4b. SOMee fype o Regislored CJ EXpt8SS Mail o AllIum AItCt'lpl tor Mllrthandlse 7. Oat of 0 live ~mllod o Insured DeOD 5. ~ 6, Signalule (Addt9SS96 Of AU~lIt) ~ S .=. ~.. ::1 10259S,9').B 0223 Domestic Return Receipt PS Form 3811, December 1994 ~~.",....i...;",.. .' Z Dlil33-8 144 us Postal se~ Receipt for Certified Mail No Insurance Coverage Provided, 00 not use for InlemaUonal Mall 500 fOV9tS9 ~~~Olph M. & Clara S. ~~~~strider Court PosIOffice, Stale, & ZIP Code Hagerstown, MD Postage $ 21742 . ~<;' . <IJ Certified Fee Spedal Delivery Fee Restricted Delivery Fee on . m Aelum Receipl ShoWIng to - Whom & Dale Defverecf 'C """'''''''''''''''''.l'olom ~ Oalll,&W~;~~~ : c? r::i ":/ ~ TOTAL Postage {~'.'-_.( M Postmal1r. or Dale E "'., & '" a. / .)~{' .;)u . - h!A'a i I i f -I 1 J i f ~ 5 .J '-- -> SENDER: Q~"""II'diQl"b~Ml"'o"fAI ~"""''''''IlItt1 D p,q ~ ""'"'''' --... Cll'l" ~ "',.. bm Kl'. _ cen"'wm hi _00"", D~""IoMlIo"'trorcot...~.oton...b.-cII_~OoeI fIOl' ..... ow,.. oiWl.aon,..,.. ~'''''(In the ~ billow". ark_ "-6," o n. "-""\~ 1MI"1l,.. to -.:.m Ihlt MlcW ..... ~1II"1d ItlIt IMI. -.. i1 Anlc:I. Md''''ed 10 Paul fl. Cook Beverly A. Cook 169 Ridge Road Carlisl,e PA 17013 I allO wflh 10 ret:llve "" foIow. lng IeMceI (for In l.rtt. 1M); 1. 0 Add,....... Addresl 2. 0 R..ltictOd OtIlVory 4. Article NlXnbn, Z 013 338 145 4b. SOfVIC8 Type /' o Regjslerod Weer:'ied o Express Mall 0 Insured o Rerum Recllptlo, Uen:l\andJae 0 COO 7. Dale 01 DelIvery 5. ReceIVed Dy: (PMI M,mel ------.- It.I~S~'~J-u-a;'2J Domestic Return Receipt Z OB/338 1!jS US Postal S.lVIC~ . Receipt for Certified Mali No Insurance Coverage Provided. Do nor use lor Internatfonal Mall See reverse Senlto Paul H. & Beverle A. Cook i'~~' Itflrge Road Pesl Office, State. & ZIP Code carlisle PA 17013 $ POSlago -- <)'> /, <(..(j CertifledFee j f j r ~ ! ... c ~ .- . ~ If) ~ ! ~ CJ 8 a~ I ~~ x: (J~ ~t~ <: 1~;3 ") ~c; 8' ('.: "'>-/ "'ffi u:: tl.; ;.;0- iil ~, c. ~.~ ,- ;;0:. ,'- "" C> '.... en ,.......... -~.... <c'"'":r. _.... ()A VII> S, MASI.ANI>, M.J>.. 1'lail11ill' IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COI INTY, PENNSYLVANIA CIVIL ACTION. I.A W v, EMMANUEL S, SlIlJGIIART, Dcfcndant NO, (Jq- /5,) 7 CIVIL TERM COMPLAINT AND NOW, this 16th day of March, 1999, comes Plaintiff, DA VID S, MASLAND, M,D" by and through his allomeys, MARTSON DEARDORFF WILLIAMS & OTfO, and files the following Complaint, and in support thcrcof avers as follows: I, Plaintitl: David S, Masland, M,D., isan adult individual rcsidingat205 Heisers Lane, Carlisle, Cumberland County, Pennsylvania, 2. Defendant, Emmanuel S, Shughart, is an adult individual residing at 531 Pleasant Hall Road, Carli sic, Cumberland County, Pcnnsylvania. 3, On June 29, 1995, Dcfendant signed a Promissory Note (the "Note") whereby Defendant unconditionally promised to pay to the order of Plaintiff Fifteen Thousand Dollars ($ I 5,000,00), with interest at the rate of seven percent (7.0%) per annum. A copy of said Note is allached hereto as Exhibit "A" and is incorporated herein by reference. 4, Defcndant has made no payments, in cash or in kind, under the Note since June 9, 1997, 5, The unpaid and outstanding balance on the Note is Ten Thousand Six Hundred Thirty Eight and 27/100 Dollars ($10,638.27), N:)TE '..;..to \..11'1 . 1 J'J5 fOR VALUE RE';CIVECJ, t1". ,,,,1)'" .1')II,.(J ,nLl'vlduul uncondltlol'o31:y prvlill"l;!'J lc 1-;\1 i:lt the oruer of David S. Haaland exactly $lf',O(,:,J.,) I'lli': 1"~(treYt. ,It 7.0" per year, The VIII uu ra,-(., ,"; I" " 1.1,,11 1 n tll" :1.noJunt of .15,000.00. The aurn certaIn shall be pa,d ,n 60 consecutive montnly inatallrnents of $ Z97.02 per munth In cash or in kind, Thi8 figure represents prlnc'P31 and interest payment. Payment ia due by tho 1st of each month. Payments not received by the 10th of the month may be considered late. The repayment schedule beg,ns on July 1, 1995 and ends with the payment of June I. ?OOO unless the principal balance has been paid In full prior to that date, This note may be prepaid In full or in part without penalty. The terms of this note are binding upon the heirs and assigns of the borrower. This note shal'.be interpreted under the laws of Pennsylvania. c '~ Emmanuel Shughart G.- .;1'1- 9~ Date , ~ -:;. -L .r.t: \J \\1) ~ - ~ ~ I Q () "I '. ...... -:J r, b.. B ....': , 8 Q ~ },'s:'-' '.N . '.-- ~ C'-- " . F;:'-' - ~ 0.: ~f. . Y) ~ \..0 ~ tJj ~ 1'1 r:( [f:.L!' C"~ " \J -. : " ;.': L: ~ -,~:.... 'J.. o. :-) 0 CJ\ U ii :f ~ D ~ .--r >- al ~ 8 ~ <:> n) \f) .J ,.. ;;' "j' L.JC) ..:r :5",; 0- r- (p ~ t.):,,: p:S -~ l:l7. c:;: (.J~' ~ ~ ':;i ,.1'), ~ ~:'I~ -t. or c, ct: orl' r- .0- ~:.L I .:~L'J i it'.. ~. ;,:':':!O;; :i ~,- : ;')r~J =:> ,.. --, f.~~n. ,,- 0> ~< 0 :;OJ (j\ U ~ JI . . EXHIBIT "A" Tract No I ALL THAT CERTAIN tracl of land situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: - Beginning at a stone in the Public Road; thence by land now or formerly of John Minnich North one-half(V,) degree West sixty-six and five-tenths (66.5) perches to a stake on line of land now or formerly of Washington Lehn's heirs; thence by lands now or formerly of Washington Lehn's heirs and John Lehn's heirs North seventy-eight and one-fourth (78 1/4) degrees West one hundred and four (J 04) perches to a White Oak Tree; thence by lands of Jacob C. Waggoner and John D. Leib South seventy- five (75) degrees West one hundred and fifty-five and eight-tenths (155.8) perches to line ofland now or formerly of Levi Mountz, formerly Wert; thence by the same South twenty-one (21) degrees East thirty-six (36) perches to a White Oak; thence by the same South twenty-seven (27) degrees East thirty-seven (37) perches to a Pin Oak Tree; thence by land now or formerly of William Nailor, formerly Joseph Wetzel, South forty-eight (48) degrees East twenty-five and four-tenths (25.4) perches to a point in fence; thence by the same North eighty-three (83) degrees East twenty-five and eight-tenths (25.8) perches to a stone; thence by the same South thirty-three and one-half (33 V,) degrees East eight and eight-tenths (8.8) perches to a stone; thence by land now or formerly of Roy Finkenbinder North eighty-one (8 I) degrees East one hundred and seventy-four (174) perches to the place of beginning. Containing one hundred and thirty-six (136) acres, be the same more or less. EXCEPTING, however, a portion thereof conveyed to Richard D. Shughart and Joan M. Shughart, husband and wife, by Deed dated September 29, 197 I, and recorded in the Cumberland County Recorder's Office in Deed Book "H", Volume 24, Page 701. FURTHER EXCEPTING, however, a portion thereof conveyed to Erich John Klein and Elizabeth Mearns Klein, husband and wife, by Deed dated November 27, I 987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "B", Volume 33, Page 1009, which tract is also described as being Lot No.2 as set forth on a subdivision plan for Beverly A. Cook, et aI., as recorded in Cumberland County Plan Book 53, Page 62. Tract No 2: ALL THAT TRACT of farm land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the Long's Gap Road; thence along lands now or formerly of Alfred Shughart, South thirty (30) degrees West, one hundred thirty- two and six tenths (132.6) perches to a stone; thence by lands now or formerly of Alfred Quigley, North fifteen (15) degrees West, twelve (12) perches to a stone; thence by same, North sixty-five (65) degrees West, nine and six tenths (9.6) perches to a stone; thence by same, West, sixty-three and five tenths (63.5) perches to stones; thence by same, South eighty-five (85) degrees West, twenty-eight and five tenths (28.5) perches to a stone; thence by lands now or formerly of John Brown, North twenty-three and one fourth (23 114) degrees West, thirty-eight and six tenths (38.6) perches to center of public road; thence in said public road and division line oflands now or formerly ofW. K. Waggoner North seventy-one and one fourth (71 1/4) degrees East, one hundred eleven and six tenths (1 1 1.6) perches to point in line of said Waggoner; thence by same. North twenty-nine (29) , I degrees West, twenty-three (23) perches to a stone; thence by same, North seventy.eight and one half (78 \I,) degrees East, fifty-eight and one tenth (58.1) perches to a stone; thence by lands now or fonnerly of Jacob C. Waggoner, South thirty-three (33) degrees East, seventy and seven tenths (70,7) perches across road to a post; thence by same, South seventy-five and one fourth (75 1/4) degrees East, thirty-nine and one tenth (39.1) perches to point in road leading to Long's Gap; thence in said road, South thirteen and one half (13 'I,) degrees East, fourteen and eight tenths (J 4,8) perches to a point; thence by same, South thirty-eight and one half (38 '.1,) degrees East, twenty-one and two tenths (21.2) perches to the Place of BEGINNING, EXCEPTING, however, a portion thereof conveyed to Ray A. Waggoner and Belly M. Waggoner, husband and wife, by Deed dated August 28, 1961, and recorded in the Cumberland County Recorder's Office in Deed Book "H", Volume 20, page 469. BEING portions of Tract No. I and Tract No, 2 which the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, by Adjudication and Decree Awarding Real Estate dated August 24, 1982, and recorded in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book "W", Volume 29, Page 949, by which said property was awarded to Beverley A. Cook, Clara S, Krumpe, Nina E. Barr, Jenice L. Shughart (now known as Jenice L, Rutherford), Timothy B. Shughan and Emmanuel S. Shughart. See also Corrected Decree Awarding Real Estate dated October 12, 1982 recorded in the Office aforesaid in Deed Book "X", Volume 29, Page 913, Nina E, Barr and Robert E. Barr, husband and wife, by their Deed dated February 28, 1985 and recorded in the Office aforesaid in Deed Book "D", Volume 31, Page 91, granted and conveyed their 1/6 interest unto Emmanuel S. Shughart. Jenice L. Rutherford and Brinton L. Rutherford, her husband, by their Deed dated August 15, 1986 and recorded in the Office aforesaid in Deed Book "C", Volume 32, Page 646, granted and conveyed their 1/6 interest unto Beverley A. Cook and Paul H. Cook, her husband, Clara S. Krumpe and Rudolph M. Krumpe, her husband, Timothy B. Shughart and Wendy S. Shughart, his wife and Emmanuel S. Shughart. Timothy B. Shughart and Wendy S. Shughart, his wife, by their Deed dated December 28, 1994 and recorded in the Office aforesaid in Deed Book 177, Page 1069, granted and conveyed their 5/24 interest unto Emmanuel S, Shughart. The said Emmanuel S, Shughan owns 7/12 interest in the remaining portions of Tract Nos. I and 2. >- r- ~ ~ c: u-,Q - as: - it (.)C; - ff~ < gO ...... f{ o:;~ t.!l :::> 1=. c:c ~ ~ en en (.) ." ..-. ..... ,... ~ C;; c ;:s .. ~g - 81 - ;x: ..,-~. ocr ~~ ~~ .... gl (CLlJ <.!l j!, ;:, ma..; "'" ~ 0"1 ~ 0"1 , . \ .'0, . \f'1UJIllATAHI.t:\df.MJt........'lCll-NO I ('......,lwtOIIUlll'M .~OIVI....OI"",.. . . . ' DA VI/) S. MASLAND, MO, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, EMMANUEL S. SHUGHART, Defendant NO. 99-1527 CIVIL TERM NOTICE OF SHF.RIFF'S SALF. OF REAL PROPF.RTY August 16, 1999 TO: EMMANUEL S, SHUGHART 531 PLEASANT HALL ROAD CARLISLE, PA 17013 CC: J. EDWARD CLOUSE CALENE M. CLOUSE 2075 RITNER HIGHWAY CARLISLE, PA 17013 PAUL H, COOK BEVERLEY A. COOK 169 RIDGE ROAD CARLISLE, PA 17013 RUDOLPH M. KRUMPE CLARA S. KRUMPE 13218 POSTRIDER COURT HAGERSTOWN, MD 21742 THIS NOTICE IS SENT TO YOU IN AN A TfEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, Your property (real estate) at LONGS GAP ROAD. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on December 8. 1999. at 10.00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $11.952.17 plus costs and interest 0($1.381.62 through August 16. 1999. plus per diem since August 16. 1999. of$2.04 obtained by DAVID S. MASLAND. M.D. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: .., I. The sale will be canceled if you pay to the plaintiffs the amount of thc judgmcnt and thc amount of interest which has accrued on the judgment. To find out how much you must pay, you may call: /7171240-6390. 2, You may be able to stop the sale by filing a petition asking the Court to strike or opcn the jUdgment, if the judgment was improperly entered. You may also ask the Court to postponc the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney,) ~~~~: ~::rILL BE ABI.E TO SA VE YOUR PROPERTY AND YOII HA VF~ OTHER RIGHTS EVEN IF THE SHERIFF'S SALE TAKES PLACE. I, If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling /7171 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (7171240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the Buyer, At that time, the Buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (IO) days after said time, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. EXIIIRIT "A" Tract No I ALL TIIAT CERTAIN Iract of land situate in Ihe Township of North Middlelon, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wi!: . Beginning at a stone in the Public Road; thence by land now or fonnerly of John Minnich North one-half(v,) degree West sixty-six and five.tenths (66.5) perches to a stake on line of land now or formerly of Washington Lehn's heirs; thence by lands now or formerly of Washington Lehn's heirs and John Lehn's heirs North seventy-eight and one-fourth (78 114) degrees West one hundred and four (104) perches to a While Oak Tree; thence by lands of Jacob C. Waggoner and John D. Leib South seventy- five (75) degrees West one hundred and fifty-five and eight-tenths (155,8) perches to line ofland now or formerly of Levi Mountz, formerly Wert; thence by the same South twenty-one (21) degrees East thirty-six (36) perches 10 a While Oak; thence by the same South twenty-seven (27) degrees East thirty-seven (37) perches to a Pin Oak Tree; thence by land now or formerly of William Nailor, formerly Joseph Wetzel, South forty-eight (48) degrees East twenty.five and four-tenths (25.4) perches to a point in fence; thenee by the same North eighty-three (83) degrees East twenty-five and eight-tenths (25.8) perches to a stone; thence by the same South thirty-three and one-half (33 v,) degrees East eight and eight-tenths (8,8) perches to a stone; thence by land now or fonnerly of Roy Finkenbinder North eighty-one (81) degrees East one hundred and sevenly-four (174) perches to the place of beginning. Containing one hundred and thirty-six (136) acres, be the same more or less. EXCEPTING, however, a portion thereof conveyed to Richard D, Shughart and Joan M. Shughart, husband and wife, by Deed dated September 29, 1971, and recorded in the Cumberland County Recorder's Office in Deed Book "H", Volume 24, Page 701. FURTHER EXCEPTING, however, a portion thereof conveyed to Erich John Klein and Elizabeth Mearns Klein, husband and wife, by Deed dated November 27, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland Counly in Deed Book "B", Volume 33, Page 1009, which tract is also described as being Lot No.2 as set forth on a subdivision plan for Beverly A. Cook, et aI., as recorded in Cumberland County Plan Book 53, Page 62, Tract No 2: ALL THAT TRACT of farm land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the Long's Gap Road; thence along lands now or formerly of Alfred Shughart, South thirty (30) degrees West, one hundred thirty- two and six tenths (132.6) perches to a stone; thence by lands now or formerly of Alfred Quigley, North fifteen (15) degrees West, twelve (12) perches to a stone; thence by same, North sixty-five (65) degrees West, nine and six tenths (9.6) perches to a stone; thence by same, West, sixty-three and five tenths (63.5) perches to stones; thence by same, South eighty-five (85) degrees West, twenty-eight and five tenths (28.5) perches to a stone; thence by lands now or formerly of John Brown, NOIih twenty-three and one fourth (23 1/4) degrees West, thirty-eight and six tenths (38.6) perches to center of public road; thcnce in said public road and division line oflands now or formerly ofW, K Waggoner North seventy-one and one fourth (71 1/4) degrees East, one hundred eleven and six tenths (111.6) perches to point in line of said Waggoner; thence by same, North twenty-nine (29) . degrees West, twenty-three (23) perches to a stone; thence by same, North seventy-eight and onc half (78 v,) degrees East, lifiy-cight and one tenth (58.1) perches to a stone; thence by lands now or formerly of Jacob C. Waggoner, South thirty-three (33) degrees East, sevcnty and sevcn tenths (70.7) perches across road to a post; thence by same, South seventy-live and one fourth (75 1/4) degrecs East, thirty-nine and one tenth (39. I) perches to point in road leading to Long's Gap; thence in said road, South thirteen and one half (I 3 \/,) degrees East, fourtcen and eight tenths (14.8) perches to a point; thence by same, South thirty-eight and one half(38 '1,) degrees East, twenty-one and two tenths (21.2) perches to the Place of BEGINNING. EXCEPTING, however, a portion thereof conveyed to Ray A Waggoner and Betty M. Waggoner, husband and wife, by Deed dated August 28, 1961, and recorded in the Cumberland County Recorder's Office in Deed Book "H", Volume 20, page 469. BEING portions of Tract No. I and Tract No.2 which the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, by Adjudication and Decree Awarding Real Estate dated August 24, 1982, and recorded in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book "W", Volume 29, Page 949, by which said property was awarded to Beverley A. Cook, Clara S. Krumpe, Nina E. Barr, Jenice L. Shughart (now known as Jenice L. Rutherford), Timothy B. Shughart and Emmanuel S. Shughart. See also Corrected Decree Awarding Real Estate dated October 12, 1982 recorded in the Office aforesaid in Deed Book "X", Volume 29, Page 913. Nina E. Barr and Robert E. Barr, husband and wife, by their Deed dated February 28, 1985 and recorded in the Office aforesaid in Deed Book "D", Volume 31, Page 91, granted and conveyed their 1/6 interest unto Emmanuel S. Shughart. Jenice L. Rutherford and Brinton L, Rutherford, her husband, by their Deed dated August 15, 1986 and recorded in the Office aforesaid in Deed Book "C", Volume 32, Page 646, granted and conveyed their 1/6 interest unto Beverley A. Cook and Paul H. Cook, her husband, Clara S, Krumpe and Rudolph M. Krumpe, her husband, Timothy B. Shughart and Wendy S. Shughart, his wife and Emmanuel S, Shughart. Timothy B. Shughart and Wendy S. Shughart, his wife, by their Deed dated December 28, 1994 and recorded in the Office aforesaid in Deed Book 177, Page 1069, granted and conveyed their 5/24 interest unto Emmanuel S, Shughart. The said Emmanuel S. Shughart owns 7/12 interest in the remaining portions of Tract Nos. I and 2. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND f 51. Robert P Ziegler I, -..-------..-----..-..----..--........ __... ____..___.._ ..__.___.. ____..___.... R<<orderol Deed. in ...d ror uid Counly ...d 5111e do hereby <<"iry Ihlllhe 5herilr. Deed in which .___..._..._____ Claro S Krumpc & Rudolph & Beverly ^ Cook & PAul II --------------------------- .-----.----..---..00- .-------_00__________._ _________..__ is Ihe grantee the same ""ving been sold 10 said gran lee on lhe --~:~---____nn______________n__n___'____.. dlyof _____~:_______n___n___________ A. D" 19__:.:___, under Ind by virtue of I wril____..________ n___n_~~tj..9..rL_n________n___ ___._ _______ issued on Ihe ---..____X~~9.____.u.______________ day of n___[\Jl..ffi!~_t;.___nn___u_ A, D., J9___~~_, oul oIlhe Court of Cornman Pleas of said Counly IS of Civil 99 - 00 00 --- --- ___un__nnn_n_. .u_____ - -_ - - ___ __ __ __ __n _ ___ __ __ ____ __ _ _ 00 ____ ___ Term, 19_ __ 00__ 1527 . David S Masland M D Number __00________00' It the SUII or -nn--nu--n-n_______u___.___n___n_n___un.n____nn_ Emnanuel S Shughart ---.._--- --------------.....----------- again5t..... -- ------ --- -- --- --_ -________ _______ _______________ is duly ."corded in 5berirrs Deed Book No, _.__~!?_.__, Page n_n.?.!____. IN TESTIMONY WHEREOF, I ""ve he."unto set my band and se.1 or said office Ibis n_?/!..___ day or ------S!~~7-----_7---~ A. D~i!t"..c_'::::~ ~~:!ffe~-~D;.d. ~Comer ~!lHda. ~"'nd County, CI~isIe. PA ~1 - Expira ltIt First Mondl, of "'n, 2002 I I I r I .. .. David S, Muslalld, M.D, -\'s- I:mmunuel S, ShUlthart In the Court of Common Pleas of Cumh.:rland Counly, Pennsyll'ania No. 1)1)_1 ~27 Cil'il Tenn Richard J:, Smith, Deputy Sheirtl: whn neifllt dully swnm according 10 law, SIl)'S nn Scplcmh.:r .111. 11)')1) III 2:()H o'clock p,M, U)ST, he pnsled u cupy of nelll ESlate Writ Notice posler lUlll Descriplion ill lite uool'e emilled uclion on Ihe property localed at Lonlts Gup Road, Curl isle, Cumh.:rland County, I'ennsylvunia, uecordinlt 10 law, Kalhy), Clarke, J)epuly Sheirtr, who being duly swom according to law, says on August 19, 1999 at 7:03 o'clock p,M,EDST, she served a true copy of Real ESlale Writ Notice and Description in Ihe above entilled action upon the within named defendant to wit: Emmanuel S, Shughart. by making kno\\n unto Emmanuel S. Shughart at 53 I Pleasant Hall Road, Carlisle, Cumberland County, Pennsylvania, its conlenls and altlte same time handing 10 him personally the said true and attested copies oflhe same, Richard E. Smith, Deputy Sheriff, who being duly swom according to law, says on September 30, 1999 at II :02 o'clock A,M,EDST, he served copy of Real Estale Poster in the above entitled action upon the defendant Emmanuel S, Shughart by making known unto Emmanuel S, Shughart at 532 Pleasant Hall Road, Carlisle Cumberland County, Pennsylvania, its contents and at the same time handing 10 him personally the said lrue and attested copies of the same, R. Thomas Kline, Shcriff, who being duly swom according to law, says he served the above Real Estate Writ Notice Poster and Descriplion in the following manner: The Sheriff mailed a notice of the pendency of the aclion by first class mail to the within named defendant to wit: Emmanuel S, Shughart to his last known address 531 Pleasant Hall Road, Carlisle, Cumberland County, Pennsylvania, This letter was mailed under the date of October I, 1999 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according t 0 law, exposed the within described premises at publie venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on December 8,1999 at 10:00 o'clock AM. EDST and sold the same for the sum of$ 45,000,00 to tenants in common, with respective interests held as follows: 7/24's to Clara S, Krumpe and Rudolph M, Krumpe, husband and wife 7/24 's to Beverly A Cook and Paul H. Cook, as husband and wife, It being the highest bid and best price quoted for the same Clara S. Krumpe and Rudolph M. Krumpe and Beverly A Cook and Paul H, Cook being the buyers in this execution paid to SheriffR, Thomas Kline the sum of $ 48,802,78 it being sheriffs costs, transfer taxes etc. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Aeknowledging Deed Auctioneer Law Library County 30.00 900,00 30,00 30.00 30,00 10.00 ,50 1.00 , .' Wril No, 99.1527 Civil David S, Masland, M,/), -vs- Emmanuel S, Shughart Sale 1/ JS Amended Schedule of Distribution Dale flied January 12, 2000 Sale Date Dcccmber 8, 1999 Bid Price $ 45,000,00 Buyer: Clara S. Krumpe and Rudolph M, Krumpe And Beverly A.Cook and Paull/, Cook Real Debt Interest from 3/16/9910 present $2,04 per day Ally Writ Costs $ 11.952.17 544,68 101.10 $ 12.597,95 $ 48,802.78 Total Collected DISTRIBUTION Sheriff's Costs Legal Search Transfer Taxes local Transfer Taxes state Credit Writ No, 99-1527 Civil with Credit Judgement file No 97-7192 with Pay to defendant 2,874,78 400,00 1,251.39 1,251.39 12,597,95 25,664.52 4.762,75 $ 00,000,00 2.000.00 Refund to attorney advance costs So~}'5;'/ ~ r >>'~~ R, Thomas Kline, Sheri r By~t::'" J&tt:- Real Estate Deputy .( .' .. TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WII.L BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMIITING THEIR REMOVAL IS PRODUCED, SHERIFF SALE NO,35 Hcld Wcdncsday, Dccember 8, 1999 Dalc: Deccmbcr 14, 1999 TAXES: Receipts for all taxes for the years 1996 to 1998 inclusive, Taxes for the currenl year 1999, WATER RENT: SEWER REN'!, Company assumes no liability for private supply of water or sewer, Receipts co be produced if services are lienable, MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims, MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceplions Below. JUDGMENTS: Listed Under Other Exceptions Below, INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , , and recorded , in Cumberland County Deed Book , Page RECITAL: Being all of the interest of Emmanuel S. Shughart in a portion of Tracts No, I and 2 as described in Cumberland County Deed Book "W", Volume 29, Page 949, Said interest of Emmanuel S, Shughart being a 14/24's interest in the aforesaid premises granted and conveyed to Emmanuel S, Shughart as follows: (I) Being an undivided 1/6th interest conveyed by Deeree awarding real estate in the Estate of Roy Shughart recorded in Cumberland County Deed Book "X", Volume 29, Page 913 and Corrective Decree awarding real estate recorded in Deed Book "W", Volume 29, Page 949, (2) An undivided 1/6th interest conveyed by Nina E. Barr to Emmanuel S, Shughart by Deed recorded in Cumberland County De<::d Book "D", Volume 31, Page 91. (3) An undivided J/24th interest conveyed by Jenice L. Shughart to Emmanuel S. Shughart by Deed recorded in Cumberland County Deed Book "C", Volume 32, Page 646, (4) An undivided 5/24ths interest conveyed by Timothy B, Shughart and Wendy S. Shughart, his wife, to Emmanuel S, Shughart recorded in Cumberland County Deed Book 117, Page 1069. OTHER EXCEPTIONS: I. 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 L. R. 21072 and L. R. 21001. ~~~T^TE BALE NO':Ja-.: Wrll No. 01),1527 Civil Davtd 5. M..lond, M.D. v.. Emmanuel S. Shughart Ally.: Ivo V, 0110, III EXII1Urr -N Troct No. I ALl. TIIAT CP:.UTAlN troct or lalld situate In UlcTownahlvorNorth Mid. dleton. County of CumberlDIld and Slata or VcnnaylvllI1la. bounded and described as (ollows, to "1t:-Beglo. nln~ at . stone In Ule Publle /load; thence by land now or formerly of John MinnIch Nortl1 one.hnlC 11/21 degree West slxty-slJC and nve-tenlhs (66.51 perches to Q stoke on JJoe of land now or formerly of Washington Leho's heirs: Ulcnce by lands now or formerly of Washington Lclm's hetrs nnd John Lehn's heirs North Sev- enLy.elght and one'Courtl1 (78 1/4) degrees West one hundred and four (104) perches to Q While Oak Tree: thence by lands of Jacob C. Wag- goner and John O. Lelb South seven. ty.Dve (75) degrees Weslone hundred and DDY'Dve andelghHenth.1155.81 perches to line of hmd now or for- merly of Levi Mountz. formerly Wert: thence by the same South lwenty- one (21) degrees Ea.l thlrty..1x (36) perches to a WhIte Oak: thence by the sameSoUU1lwenty_seven (27) degrees East lhlrty4:5cven (37) perchc~ to a Pin Oak Tree: thence by land now or formerly of WlJlIam NaUor. formerly Jo.eph Wetzel, South Corty.elght(8) degrees East twenty-five and [our- tenths (25.4) perches to a poInt In 'fence: thence by the same North eighty-three (83) degrees East twen- ty-nve and eight-tenth. (25.8) perches to a stone: thence by the same South thirty-three and one-half(33 1/2) de- grees East eight and eight-tenths (8.8) perches to a stone: thence by land now or formerly of Roy Flnken- binder Nortl1 eIghty-one (8 I) degrees East one hundred and seventy-four (l74) perches to the place of beglIt- nJng. ContaJnlng one hundred and thlrty-slx (136) acres. be the same more or less. EXCEPTlNG. however. a portion thereof conveyed to Richard D. Shughart and Joan M. Shughart, husbMd and wife. by Deed dated September 29. 1971. and recorded In the Cumberland County Recordcr's Office In Deed Boole "H". Volume 24. Page 701. FUllTIft;n E.~CEf'l1NC, however, II portJon Ulereor conveyed (0 Ench John ttlt:Jn iuuJ EltzabeUl Menrnll KleIn. hUahtllld nnd WIfe, by Deed dalrd Nov~mUc-r 27. 1087. W1d reo corded In the omce of Ule Recorder of Deeds In _nd for Cumberland County In Deed Uook "U". Volume 33 I'uge 1009. WhIch tract Is also de: Dcrtl>ed as being Lot No, 2 os set forth on II subdIVision plan (or BeverJy A. Cook. et 01.1.. as recorded In Cumber. l"lId Cllunly Plall OuoJt 53, Page 62. Trlll."l Nfl. 2: Al.L. 11 tAl' THAl.l' of rurm lW1d slluilte In Nurth Mldlllelon Town- .hlp. Cumberland County. Pennsyl- vania. bounded and de~cnbed ns fol- lows: Beginning at n point In Ule Long's Cap Rond: ulence aJong lands no,"" or formerly of Alfred Shughnrt. South UJlrty 130) degree. West. one hundred thlrty-tw~ tJ.nd sIx tenths (132.61 perches to a slone: Ulenee by lands now or formerly of Alfred Quigley, Nortl1 nneen (15) degree. West, twelve (121 perches to Q stone: Uu:nce by same. North stxty-five (65) degrees West. nine and sIx tenths (9.6) perches to a stone: thence by same. West. Slxty-thr!:e and five tenths (63.51 perches to stones: thence by same. SouUl eighty-five (851 degrees West. twenty-eight and nve tenths 128.5) perches to a stone: thence by lands now or formerly of John Brown. North twenty-three and one fOUrtll (23 1/4) degrees West. thirty-eIght and alx tenths 138.61 perches to center of public road: tl1ence In said public road and divt~ sian line of lands now or formerly of W. J{, Waggoner North seventy-one and one fourth 1711/4) degrees East, one hundred eleven and six tenUls (111.6) perches to pointln llneofsaJd Waggoner; thence by same. North twenty-nine (29J degrees West. twenty-three (23) perches to n ston~: thence by same. North sevenly-elght and one half 178 1/2) degrees East. fJfty-elght and one tenth 158.1) perches to a stone: thence by lands now or formerly of Jacob C. Wag- goner. SOUUl thirty~three (33) de- grees East. sevenly and seven tenths 170.7} perches across road to a post: thence by same, Soulb seventy-five and one fourth (75 J /4) degrees East. thlrty~nlne nnd one tenth (39.11 perches to point In road leadIng to Long's Gap: thence in said road. South thirteen and one halC 113 1/21 degrees East, rOurlcen and elghllenlhs 114.8) perches lo a point: thence by same. South thirty-eight and one haJr (38 J/21 degrees ELisl. twenty- one and two tenths (21.2) perches to the Place oC BECINNING, EXCEPnNC. howf"vn " portion lherror conveyed 10 !lay A. WailJlon<r and Deny M. Waggoner. husbllnd and Wife. by Deed dated Augu.t 28. 1961. and recorded In the Cumber- land County Recorder's Ortlce In Deed Book "W, Volume 20, page 4U9, BEJNG porUons ofTracl No. IlUld Trnct No. 2 which the Orphan,' Court Dlvtslon of Ule Court of COlli' man Pleu~ of Cumberland County. Pennsylvania. by AdJudlcntlon I\nd Decree Awarding Real EstDte dated Augu!lt :l4, 1982. and recorded in Cumberi.md County. Pe11ll5ylvMla. Recorder of Deeds Office In Deed Book "W". Volume 29. puge 949. by which slIld property Was awarded to Deverley A. Caolt. Clara S. Krumpe. Nina E. Barr. Jcnlce L. Shughart (now known nsJenlce L. Rutherford), ThnoU1y D. Shughart and Emmanuel S. Shughart. See also Corrected De- cree AwardIng Real Estate dated Oc~ tober 12. 1982 recorded In the Office aforesnJd In Deed Book "X". Volume 29, Page 913. Nina E. Barr and Hobert E. Darr. husband and Wife. by their Deed dated February 28. lOBS and recorded In Ule Office aforesaid In Deed Book "0". Volume 31. Pnge 91. granted and conveyed their 1/6 lnterest unto Emmanuel S. Shughart. Jenlce L. Rutherford and Brinton L. RuUlerford. her husband. by their Decd datcd August 15. 1986 and recorded in the Ofl1ce nforesa.Jd In Deed Bool<: .C-. Volume 32. Pnge 646, granted and conveyed theIr 1/6 In- terest unto Beverley A. Cook nnd Paul H. Coole. her husband. Clara S. l{rumpe and Rudolph M, Ilrumpe. her husband. Timothy B. Shughart and Wendy S. Shughnrt. his wife and Emmanuei S. Shughart. Timothy B. Shughart and Wendy S. Shughart. hIs Wife. by their Deed dated Decem- ber 28. 1994 and recorded lIt the Office aforesaJd In Deed Book 177, Page 1069, granted and conveyed their 5/24 lnterest unto Emmanuel S. Shughart. The said Emmanuel S. Shughart owns 7/12 Interest In the remaining portions of Tract Nos. 1 and 2. p-, I -~- -- t . - '0 ..:.,,- :'.'; ,;' I:' ".'.1..:' N 35 Sl,OOO,OOAd'.':lllc:':OltS?lld 8118/99 Acr:,', Ivo Otto III Assessed V~lul1tion S 8260.00 \\>'PJT"O. 99-1527 Civil D8vid s. M8s1and, M.D. V. Em8nue1 S. :Shughart RE.6J.DEBT $ 11,952.17 r:\TIRESTfr 3/16/99 to 12/8/99 2.04 per day 544.68 ATT'S FEES WRIT COSTS ATTY I01.10 ESCROW LATE CHARGE SHERlFF'S COSTS Dock::ing Poundage Posdng Bills Adve::ising Acknowledging De::! Aucdor.~-:r Law Library Co unlY ~!i]e:lg~ Ce:1 )'I:lil Le~ :- Poslpone Sale Surchn.rge Le;g:J.I S::lr~h .-'.D\'E?.TlSr.<G: L~'.\' Journal PJL.riot Sh::lIe of Bills Disrribu!ion of P,oc:~:is Sh~:iff s D~ed5 30.00 900.00 30.00 30.00 30.00 10.00 .50 1. 00 n 11.16 1.49 30.00 24.00 400.00 815.00 886.50 23.63 25.00 26.50 ST.-\:-'rPS Pa. T:~nsfe:T~x Twp or Bol'o Trans;:: Tl' TAXES 1,378.34 PRom' OF PUBI.ICATION OF NOTIC.: IN CUMBERLAND LA W JOURNAl. (Under Act No, 587, approved May 1(,,1929), P. L.1784 STATE OF PENNSYLVANIA : 55, COUNTY OF CUMBERLAND : Roger M. Morgenthlll, 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 orCarlisle in the County and State aforesaid, was established January 2, 1952, and designated by the 10eal courts as the official legal periodical for the publication of all legal notices, and has. since January 2, 1952, been regularly issucd 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, viz: OCTOBER 22, 29, NOVEMBER 5,1999 Affiant further deposes that he is authorized to veriry 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 afe true. REAL ESTATE SALE NO, 311 o J!/1 Rogef M, Morgenthal, Editor Wrtt No. 99-1527 CIVIl DaVId S. Masland, M,D. - vs. Enunanucl S. Shughart Atty.: Ivo V. Olto, III EXHIBIT "A' Tract No. I ALL THAT CERTAIN tract of land situate tn the Township of North Mid- dleton. County of Cumberland and State of Pennsylvania. bounded and described as Collows. to wtt:-Begin- nlng at a stone In the Public Road: thence by land now or formerly of John Minnich North one-half 11/2) degree West siXty-siX and five-tenths (66.5) perches to a stake on line of land now or formerly of Washington Lehn's heirs: thence by lands now or formerly of Washington Lclm's heirs and John Lelm's heirs North sev- enty-eight and one-fourth (78 1/4) degrees West one hundred and four (l04) perches to a White Oak Tree: thence by I.mds of .Jm:'Clh c. \ . ,- -.-... SWORN TO AND SUBSCRIBED before me this ~day or NOVEMBER, 1999 SEAt t016!. SNYD!R, Notary Public Corlillo 10'0, Cumborlcnd Counl}'. PA My Commiuion Ell~r.s Marth 5, 2001 IlEAL UTAn IALE 110, 311 \\'111 Nn U',l Irln ('1\11 0.1\'111 S. M.t!lloI.lUt1. M.n. "", t:llUIMIUIC"1 S, Shu(l\Mt ^uy.: 1\'0 \', ()lIn, III t:Xlllllrr 'A' Tr""lNo. I ALL TI\AT ct:IITAlN 1<;1<1 olla,"1 Illuale In lhrTov.,,,hll' O(Nonh Mid. tUrton. COIIIIIV of Cumhrrt.llut and SI.llt' or 1'r11l1~)'I\'.IIU.I, llotlllttrtl <1"11 drM'nhnt .\!Ii, lullnw". In \1111: -llrltl'" l\lll~ <1' " ",lnlll" III Ih,. l'\Ihlu. Itll;ul: the-lire- hy I;u\tl now Hr 101111("lly lIr .Iullll MUIUIi h ~uf111 nllt' h.lt! (l nl dt"~rrt" \\'('"t "1.10.1)' "I~ .111(111\'(' lI"lIlh!'t (OU,r,) prrt'hrlll III II Iillilkr tin 1111(' lie land now or formrlly tiC \\'oH.hlll~toll Lrlm'!'I IIrlr!'li; lhrllce" Iry 1"1111.. now or (arlllNly of \\',I"hUlltlllll I.('hn'~ I1rlr.. ;:nul .Juhll I,.("hll'", 11("11'" Nurth M"\I' ('Illy-rllthl and U1u".fm1l1h (7M 1/41 <<h'l.tn'C''t Wr'" nllt' 1IIIIIIIrr<l .\1111 fUllr 110-1I\,,'rdH'" In" WIlUr O.lk Tn:('; lIIl'IWI' lIy 1,11111.. (If ,1iJ('uh C. W;IJt- JtOlll'rillltl,JuIIlIIJ,I"'II)~lIltllsr\'rll' ty-Ove 1751 dt"IIIC'C''' Writ nnt hundrrd and fifty-five and(l~ht.tt"lIlh!J (155.8) perches to Ilue' of lolJ1(t now or for. 1nerly of Levt Mountz. formerly Wert: thence by the lame South tWe'nty- . one (21) d('ltr('('~ East thlrty.stx 1361 perches to a While' Oak: thence by the 5.1111e South twrntY'5r\'t1l (27) dc- ~rees East thJl1y.s("\'t'/J (37) perches to a Pin Qilk Tree: tht"Ul'C by land now or forlllrrly of William Nailor. formerly Joseph Wetzel. South forty-eight 1481 deJtrees Enst twenty.O\'e ami four- tenths 125.4) prrches to a potnt tn fence: thrnce by the same North eighty-three (83) deW"('es East twen- ty-five and rlght-trnUlsI25,8) perches to a stone: thence by the smnc SoUUl thirty-three and one-half (33 1/21 degrees Enst eight and ~lg.ht-tenths (8,8) perches to a stone: thence by land now or formerly of Roy Finken- binder North elghty'one (81) degrees East one hundred and seventy-four (1741 perches to the place of begin- nIng. Containing one hundred and thlrty-slX (1361 acres. be the same more or less. EXCEPTING. however. a porUon thereof conveyed to Richard D. Shughart and Joan M. Shughart, husband and Wife. by Deed dated September 29. 1971. and recorded In the Cumberland County Recorder's Office In Deed Book "HM. Volume 24. Page 701. FURTHER EXCEPTING, however, a portlon thereof conveyed to Erich John Klein and Elizabeth Mearns Klein. husband and Wife. by Deed dated November 27. 1987. and re- corded In the Office of the Recorder of Deeds In and for Cumberland County In Deed Book "SM. Volume 33. Page 1009. which tract Is also de- scribed as being Lot No.2 as set forth on a subdl\..lslon plan for Beverly A. Cook. et aI.. as recorded In Cumber- land County Plan Book 53. Page 62, Tract No.2: ALL THAT TRACT of farm land situate In North MIddleton Town- ship. Cumberland County. Pennsyl- vania. bounded and descrtbed as fol- lows: Beginning at a poInt In the Long's Gap Road; thence along lands now or formerly of Alfred Shughart. South lhlrty (30) degrees West. one hundred thlrty.two and six tenths (132.6) perches to a stone: thence by lands now or formerly of Alfred Quigley. North fifteen (15) de~rees West. twelve (12) perches to a stone: thence by same. North sixty-five (65) degrees Wesl. nine and six lenths (9.6) perches to a stone; thence by same. West. slxty.threcand fi....e tenths (63.5) perches to stones: thence by same. South el~hly-nve (85) degrees West. twenty-eight llnd fiVe lenths (28.5) perches to a stone: thence by lands now or formerly of John Brown. North twenty-three and one fourth (23 1/'1) degrees Wesl. thirty-eight and six tenths (38,6) perches to cen- ter of public road: thence In said public road and division line of lands now or formerly of \V, 1<. WaMoner North seventy. one and one fourth {71 1/4) degrees East. one humlred cleven and six tenths (I I l.G) perches to point In line of said WaAAoncr: thence hy same. North twenty.nllle (29) de- lifees West. twenty-threc (23) perches to a stone: thence by same, North sewnly-elght and aile half (78 1/2) de~rees East. nfty.elj.!,hl and aile lenth (58.1) perches to n stOllC; thence by lands IlOW or formerly of .Jacob C. Waggoner. South tlllrty-three(33Idc- _.._,~ r,' ,"" ..""...,tv ;11111 s{'vell tt~lllhs \ , I I I I I ,)QIUlln Iln(" of !lOud "';IPJil);;~: ii~;'IC:; by IMlI1r. North t",rllly-runl" (291 dr. &n"n WrM. ."'TlllY.lhft"(' (:l~JJ pl"niM"1 '0 a .1011('; lhrn('(" hy ,,"unl". NOr1h 6C'\'f'llIy.rl,lthl and ollr h,,1( f7H 1/21 df&rft'II &.\.. nO)"('I,(hl.uvl Ol)c'tc'nth Itwt.lJ J)(,ll'hrs to .1 ~tonr: Ihr.K'C' by I.md. now or form"fly of .I.IC'oh C, \\'.IAAllIu.r, SmUh Ihlrty.UarC'(J:llclr- ICft'r. K:tfril. "t("\,("lll)' ~"ft .('\'('11 ttlllh. 170.7J pc'rrh(,1I acro~,. ro.ld to a '10"': thrllN' by .....1lI('. Soulh lW"\'C'III)'.O\'t' and nnt" fourth 175 1/.1) c1r"n"C'lt t:.Ui,I. 1II1rt)"'lIl1r .Hul Clllr Irlllh 1:1~1, II 1'('.1'11('1\ III pUlnl III I'Iwl 1e',Ulllllt In "UIIIl', n.ll': IhC'llrr III ".Ihl rn.ul. !'WtlllllllurlC'C'11 ilnd ml!' h.lI(II:I 1121 Ik~rN''' ":'1..1. (oUr1rrn.lllll('l;:,1ll killl... II.. toll prn'hrs to.I Jllllll!: lIwlln'It\. ",lIl1r. South llllrt)' C'1)t1l1 oIl1el Illl~ h.1I1 (:IH In) dr~r('" ,.;;,"", lwrlllv. 0111' "lid Iwo 11'11111\ 121.21 J>>C'(('hC'" to lht' 1'1.1((' of UECHNNIN(i. ,.;XCEJ'nNG. ho.....r'.rr. it purtlulI lhr'l"ur ('ullvryrd to Itty A. Wd(ll;ullrr lllld Urlty M. Wa~Olltf. hUlth.uwl alld WI(C". by Dffcl d,lIrd AUICU"I :lH. 1001. llllcJ fr('onJrd III thr t'UlI1btf' l.uul COUllty kt'cord(,f'lI ornct' 111 0("('(1 Book """. Volul11(, 20. J~l#:(, 4n9. (Jt':'NG pf"Jrtlonll of Tract No. I alld TrOl('( No. :l which the Orph.IIl!'l' Cuurt 01\'151011 of the Court o( C0ll1111011 P'('as of Cumberland County. IIrlln. sylvania. by Adjudication and Occrt'e Awarthl1~ Real Estate elated ^U.l':lIM 24. J982. and recorded In Cumhrr. land County. Pcnnsylvmlla. HcronJ('r oC Deeds Office In Deed Book "'V". Volume 29. Page 949. by Which said pfOpC'rty was awarded to O('\'erJ('y A. Cook. Clara S. Krumpe. Nina E. Barr. J('nlce L. Shughart (now known as Jenlcc L. Rutherford). TImothy n. Shughart and Emm.1nuel S. Shughart. 5re also Corrected Decree AwardIng R('al Estate dated October 12. 1982 recorded In the Ornce aforesaId In Deed Book "XR. Volume 29. Page 913. Nina E. Barr and Robert E. Barr. husband and Wife. by their Deed dated February 28. 1985 and re- cOrtlcd In the Office aforesaId In Deed Dook "Ow. Volume 31. P..1ge 91. granted and conveyed their 1/6 In- terest unto Emmanuel S. Shughart. Jenlce L. Rutherford and Brtnton L. RutherCord, her husband. by their oeetl dated August 15. 1986 and recorded in the Office aforesaid In Deed Book "CR. Volume 32. Page 646. granted and conveyed theIr 1/6 In. terest unto Beverley A. Cook and Paul H. Cook. her husband. Clara S. Krumpe and Rudolph M. Krumpe, her husband. Timothy B. Shughart and Wendy S. Shughart. his WIfe and Emmanuel S. Shughart. Timothy B. Shughart and Wendy S. Shughart. hIs wife. by their Deed dated Decem- ber 28. 1994 and recorded In the Office aforesaid In Deed Book J 77. Page 1069. granted and conveyed their 5/24 Interest unto Emmanuel S. Shughart. TIle said Emmanuel S. Shughart owns 7/12 Interest In the remaining portions of Tract Nos. 1 and 2. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No,587. Aooroued May 16,1929 Commonwealth 01 PennaylVlnla, County 01 Cauphln) II Michael Morrow bcing duly sworn according to law, dcposcs and says: Thai he Is the Asslslant Controller 01 THE PATRIOT.NEWS CO., a corporallon organized and exlsllng under the laws 01 the Commonwesllh 01 Pennsylvania, wllh Its principal ollice and place 01 business al 812 to 818 Market Street, In the City 01 Harrisburg, County 01 Dauphin, Slale 01 Pennsylvania, owner and publisher 01 THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS newspapers 01 general circulation, printed and published at 812 to 818 Market Streel, In the City, County and Slale aloresald; thai THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were established March 41h, 1854, and September 18th, 1949, respectively, and all have been conllnuously published ever since; Thai Ihe printed nollce or publlcaUon which Is securely altached herelo Is exaclly as prInted and published In their regular dally and/or Sunday and Metro edltlonsflssues which appeared on the 261h day 01 October and Ihe 2nd and 9th day(s) of November 1999. That neither he nor said Company Is Interested In the subject matter 01 said printed notice or advertising, and thai all 01 the allegallons 01 this statement as to the time, place and characler 01 publication are true; and That he has personal knowledge of Ihe facts aloresaid and Is duly authorized and empowered to verify thIs statement on behalf 01 The Palriol.News Co. aloresald by virlue and pursuanl to a resolution unanimously passed and adopted severally by the stockholders and board 01 direclors 01 the said Company and subsequently duly recorded In Ihe olllce lor the Recording 01 Deeds in and lor said County'ol Dauphin In Miscellaneous Book 'M-, Volume 14, Page 317. PUBLICATION COPY SALE #35 Nol:lri:tIISea Terry L. Russe;l, Jot ry Public Harri~burg, Daul County My Comn1l3~ion Erpirc:; June 6, 2002 Mcmtler, Penn<;YlJ<lf.li! PS~QCI,1!M}PIdiSrriWUsslon expires June 6, 2002 mJort~;~~ NOT~ UBLIC ~ Sworn CUMBERlAND COUNTY SHERIFFS OFRCE COURll-OUSE CARLISLE, PA, 17013 I Statement of Advertisina 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 $ 885.00 1.50 886,50 Publisher's Receipt for Advertising Cost THE PATRIOT.NEWS CO" publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipl of the aforesaid notice and publication cosls and certifies that the same have been duiy paid. THE PATRIOT.NEWS CO. By.................................................................... <""." ':':.'ftIA&,urm IAUNo.3I .. Wttl No. ,,1llZ7 ".'i-k~~'tl.,i}" ~"<;CMI""', "", ili",,'.. .. ...,~U-:~~MrD.- , ',lIl.1tUNJiNI --'j "'~f"":"""ra.i.:.;,~' . .: 'C"';""'--i. .", ~'.,." e:~. I ,;H,", .." :::.:; ,::;tt,.",- IfOY. '<,/ ~" ~! ..' "':. ,', .... .... ,'. .',,!', . : -,'j' ~~,r~1", -til :;~,- ,CEfI:I'~N '.._.'N,o.1.1'AU... ~ ,. .1II\lII!e.1rt . . .01 . and '. .' ,<<,,.. .~~~ 'j/ r"-..'.~__""IInlI. .-.....=.*MIIll\ICIl;*"" i.~!. ,!OIjWli!~!IIld f .' ...........10..'.... an , ,~:::::t. 01 WuhIngIOn llneol_.-or~"-'rlanda .- Of ~.O"""'C!.~.~. ~'O hellO ond ~..~h11r8 ,_"'="= ~..T."~i1."')."~ )'0lIiChet, '10 · .~ _ ' '1iV1andII 01 UacOb , ,l:lIk . "'Jcllnl;O,,'lAIb,8ou\II , ~"~~~.;"w.,, "one :~~~~~ , Y~.'~ , ;MGQIlIr;. ,ffllm!al1Y Wart; ~....'touth'~ .,.:(3ll)'~, . ~ , 1tne:~IIIM.'iNU'" , ,,,~;Eaat,,thlrly "'m. "Io'."PfI!Oak,'1llMi" , ':n=' 'oIW1111am ........... tItI/ff,Ot" , .a_~ .....~ "~I 'fiJUUUI NIiIIDr.r. ( '~' 'Eut~ltv8 1lilIY4IaIlI." 48), .') .........;,10., PoInt and IoIif.lIrItha, bY,,=,.,:- 'North In, "a...-.,.:______:" ",'U"'~I_''''''' ...-, ,...._~EaiI_ltv8 a/ghtfothIM(:::la,.(25.ll) pe_lo . , &rid ~= ... tile same South thirty- . """""and~(33-112,) degreeI EaSt , - and .......-tantl1o ,(8,8) poichoa to . .1ght,=~IanclI!QW. 'or Iorl1Ier1Y 01 ~ 'NQI1ljI.~, (81) '=-\EMt;:Oliif,~'lnC!l~' fOIii'(174J..~'.to"tIIe,pIace, of ~". ':18" '...!.t'ulKlrocl';and i . "~,;q;aa8/!l8mora "__;"~:'~''''''f'' ,;':.1 ,>f'~'...r"" ~:,- ".....,., '. ", ~ ,....... "'!~l:.!r",~,,;!iii'PortJon U=~"ilIllWChirdD...SliilQhl!. rt ~. ~~:W~:~8l1d~1 -. 'ilatAId'~29;,,1971,ano ~'''-=''CuiriIilirlliiid;!'CClUntv' 'I'I\NI~":',.,F.. . "~.ln;~Deed::~T;~~~:. =r.t?Pade'701 ~',:;,r.~~;'~:~, ~J.~~::'\t,::,~,,~:T~:.'{::,..:. ""'FURTHERfh'EXCEPT1NGj;"~, ':., "" " ..~". 'to'r;rich:John DOrII!iI:i'~fllC!!'" ,. 'M.JmIi""Kklfn' KIiIIn'i....."" ,. ft--~"dal"'1 tiiJib8riidr,i8l1dr::t'wtf8;~~bV'J"""",:. eo NovetTlb8f"27I'I987,' ana rec:ordod ,lnd~ Office 01 the Hocorde, oIDooda ~.::a";" ~~EI~~~i~~lo'i~ ir:......'..tI'~....iI~ '. "~." '21..'1iof1Orth.." . . .,"" "':/r''A'Cook, .0000"~iC~CoIlnty at, "M:. , . <'! ..." ",', '".''' .. .Jf~l!<'!' .,821""., .,.,'.',....,'" " ,,",' 'NO.1 "'AU.\TIlATc'rRACT.ol, "N,. ';riltliat8"i.,.'J,North ',MlddItlton :,T..." 'II~Clim~8'!ond : ,County,' ,".. . '.' "llOUtidddBrld~U ~. c-aea.," ~Ing,",...:RO '. 11ll,ln,thoi Lon. g'o TGa/lnio8cf.'_ialtil!~IBrlda ~. ~~. ~-ii"." !~li~~ ~--lIOWor ~ oIAiiil 12)1lOl~1151~-~ aalne, .~ .~~ '= -=,=::',""lho 115:1-. 10 . o 0; bv ..";"OWOll, oIxly'lhroe and llve-Ionlh. 163.5) PO'"," 10 ._. =-. '~"~,IM, (eO! IriIe'IIlI.5)'tIIIlihit"(j?'~8nd lI\Ioa:; ~-:.~~~=~ I~~~~~r ~i' inlaid 1IIMl;:.r: ....... line oIl1nd11nclw'ci ~ 01 ~~"" NortII___ IIld (71'1/4),~ e..one hundrld tIMIl"Iind. .,...,. (i11.5) PMheI,!l po/nlln~ laid ViIlCicIoo'*I' lhence'l., ....... "i'*'" 1291 ~-'IIwn~ I*Iihoi to , .,IIlllnII' t!IOIlQt, by _ NortII '-~and~. i7a-112) . doaraH. .1Ifty-eIQIii and ~tnth (SS:I)'~ 10. Itone; Ihonc:e by IInda ~ or Iomlorty 01 Jacob C. Waggc>nor, South Ihlrty.Ih," (33) dOOr&e. Eo.., HY8nt)1 and seven tenth. (70.71 perches 8CrOII road .10 a pasl; thence bY same, . SOllth ~1Ive IIld onHourth (7&-114) 1...._..~.IO""='""...In'.::l.:.......dIn ':: I Gap; thenOe,1n aaIcI !iSOuth I '. "" ',--.....:,(1.1/2) .. ,.....,......ININ... ~ '. "" "and,~ 14.5)" , . 'Ullilfr\tlhlnci.", _,,, E'ancI'CIIIOf1alI(3S,lI2J'CIlI9rNa ' . ..,~.... "arld. :two-Ientha. .U21.2), to Place oI8EGINNING.", , , ,,; 'EX. CEf'TINO," ~. wi.:Oo.:ruon' thereoI~.IO!flt.A.1 arld . ~MoWaailoni1r, hlibend ai1iI_, by OHik~...r ",AuO~ '::29" '1881~.and reoorlIed...In'.tIIe,~ClIlIberfand , , ' ROCordo(a, Offtce, In. ,'. Deed Book ~ , \tlumel!O;' . '459"" . . ", , 'BEING'= 01 'naCt No. 1 ind 1l8ct' No.;2 whICh Ihe' Orphano' Coun llIvIoIon oI."the ,Coun 01, Common Ptoao 01 .CUmborland County, Pennayivonla, by Ad udlcellon and ,D8crae Awarding "I te!.';.dahad ;r'AUgUSn:24,">1982" , ',ded""ln ""Cumborland,'.',Cou . , !!I!>.t,I't I I r I' r', .~ ,'. ,', ..:, .. 'l~~~l;i 1":JenIce,ol,;d'lUIhe'~nll"',iril!X!thlr;,a ' Shu a,Land.!:mmentlof" ;"ShuQhort. a~:..gIJ..,","o;;,,,,:~...... ... ...... """A"-_.' " I """. .............,-~roe.,.......Wng RoiIn'Eoio.... i8~,.'daiaif(.. ':/12.dl.982. reconlodln'the 'fof9l8/d'mDeod Boofl~. VOIun.'29.'. 9...,913.'N1na E. Ilarfand 'R0b8rt :E.'Borr,' huabIind' and wtre;'IlY:IhOlrDOoaciolld Ftlbriili,y29. jl985arid fecOrdad iii t!1aOfflce aforaso/d IIn'Deodlloolc"O";Voluma 31, Pegs 91, I grBntsd 'arktco~ their 116 Inlerest i unto, Emmanuel S. Shughart. Janice L. I Rutherford 8n~ Brlnl!?,:!,~., A~thertc!rd" tlsr_ . h~,Ily,tf1.8Ir,~.~~~. ,198811ld recordocl.':lJIM. "&'~ In'Otilid Boofl'~C"'"...__32',Poile'l,_, j'- - - !BnCf~/1h8l"116':i1t8resi: I =t~rteY'A)'C:l:o'ir8ild Paid H,Cooi<, I hei1'IlU8b8nd,',:Claro S,"KrumpG~and . II AudolJil.li'M::a<iil""". ,;Iia,. hus_. !/mOIhY,,8;', Shughart,and" Wancly S. ,Shilgh8rj;X~~,,\Vf!earld.Em"'!'llual S, !.~rt.,,!!ImOfhv. ,..Il.',ShuQhl!n and' 'Wan\\Y,S,,8hUgh.rt..,h,,! wII8,. by thalr '. DoliddotldOecombo,. 28, 19~.' and r8C0rded In the OffIce' alol8soid '" Dood ' 1look'ln;'Page. '1069, ~'gi8nted".nd "om.eyei('thtilr5124 Interoat unto Emmonual .8, Shughert.",T/18 'sold Emmllnuel, So' Shughart, "owne .'7/12 Intsraef In thsremolnlilg portlono of Tract Nos, 1 and 2. 'I i . ~. , . . t ...L..'4IA'.....'......."'lJOt"Wat20MI' f (1"'" OWI...IJ \lU'M ........ .'1""011'09,,,, DAVID S. MASLAND, M.D., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, EMMANUEL S. SHUGHART, Defendant NO. 99-1527 CIVIL TERM AFFIDA VIT PURSUANT TO RULE 3129.1 To Prothonotary and Sheriff: David S. Masland, M.D., Plaintiff in the above captioned action, by and through his attorneys, MARTSON DEARDORFF Wll..LIAMS & OTIO, sets forth as of the date the Praecipe for the Writ of Execution was filed, the foUowing infonnation concerning the real property located at Longs Gap Road, Carlisle, Cumberland County, Pennsylvania (more particularly describe in Exhibit "AU attached hereto and by reference incorporated herein). 1. Name and address of owners or reputed owners: ~ Address EnunanuelS, Shughart 531 Pleasant Hall Road, Carlisle, P A 17013 ~ [Qh, ~~) CS:?) Paul H. & Beverley A Cook 169 Ridge Road, Carlisle, PA 17013 Rudolph M, & Clara S. Krumpe 13218 Postrider Court, Hagerstown, MD 21742 2. Name and address of defendant in the judgment: ~ Address Enunanue1S. Shughart 531 Pleasant Hall Road, Carlisle, PA 17013 ';", I 6, Name and address of every penon who has any record interest In the property and whose Interest may be affected by the sale: liwnl: Address NONE OTHER THAN PLAINTIFF AND THOSE LISTED IN ITEMS 1 AND 3, 7. Name and address of every other penon of whom the plaintiff has knowledge who has any interest In the property which may be affected by the sale: ~ Address NONE OTHER THAN THOSE LISTED IN ITEMS 1 AND 3, I verifY that the statements set forth in this affidavit are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, Section 4904 relating to unsworn falsification to authorities. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO ~ Ivo V. Otto, III, Esquire Attorney ID No, 27763 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: August 16, 1999 Allorneysfor Plaintiff (. .'. I. The sale will be canceled if you pay to the plaintiffs the amount of the judgment and the amount of interest which has accrued on the judgment. To find out how much you must pay, you may call: (7171240..6390. 2, You may be able 10 stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, 3 . You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an allorncy,) YOU MAY STII,L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE TAKES PLACE. I. If the Sheriff's Sale is not slopped, your property will be sold to the highest bidder, You may find out the price bid by calling (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff, This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after said time, 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. ,f EXIIIBIT "A" Tract No I ALl. TIIAT CERTAIN tract of land sItuate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: - Beginning at a stone in the Public Road; thence by land now or formerly of John Minnich North one-half(\I,) degree West sixty-six and five-tenths (66,5) perches to a stake on line of land now or formerly of Washington Lehn's heirs; thence by lands now or formerly of Washington Lehn's heirs and John !.elm's hcirs North seventy-cight and onc-fourth (78 1/4) degrees West one hundred and four (104) perches to a White Oak Tree; thence by lands of Jacob C, Waggoner and John D. Leib South seventy- five (75) degrees West one hundred and fifty-five and eight-tenths (155,8) perches to line ofland now or lormerly of!.evi Mountz, formerly Wert; thence by the same South twenty-one (21) degrees East thirty-six (36) perches to a White Oak; thence by the same South twenty-seven (27) degrees East thirty-seven (37) perches to a Pin Oak Tree; thence by land now or formerly of William Nailor, formerly Joseph Wetzel, South forty-eight (48) degrees East twenty-five and four-tenths (25.4) perches to a point in fence; thence by the same North eighty-three (83) degrees East twenty-five and eight-tenths (25.8) perches to a stone; thence by the same South thirty-three and one-half (33 \1,) degrees East eight and eight-tenths (8.8) perches to a stone; thence by land now or formerly of Roy Finkenbinder North eighty-one (81) degrees East one hundred and seventy-four (174) perches to the place of beginning. Containing one hundred and thirty-six (136) acres, be the same more or less, EXCEPTING, however, a portion thereof conveyed to Richard D. Shughart and Joan M, Shughart, husband and wife, by Deed dated September 29, 1971, and recorded in the Cumberland County Recorder's Office in Deed Book "H", Volume 24, Page 701. FURTHER EXCEPTING, however, a portion thereof conveyed to Erich John Klein and Elizabeth Mearns Klein, husband and wife, by Deed dated November 27, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "B", Volume 33, Page 1009, which tract is also described as being Lot No. 2 as set forth on a subdivision plan for Beverly A. Cook, et aI., as recorded in Cumberland County Plan Book 53, Page 62. Tract No 2: ALL THAT TRACT of farm land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the Long's Gap Road; thence along lands now or formerly of Alfred Shughart, South thirty (30) degrees West, one hundred thirty- two and six tenths (132.6) perches to a stone; thence by lands now or formerly of Alfred Quigley, North fifteen (15) degrees West, twelve (12) perches to a stone; thence by same, North sixty-five (65) degrees West, nine and six tenths (9.6) perches to a stone; thence by same, West, sixty-three and five tenths (63.5) perches to stones; thence by same, South eighty-five (85) degrees West, twenty-eight and five tenths (28.5) perches to a stone; thence by lands now or formerly of John Brown, North twenty-three and one fourth (23 1/4) degrees West, thirty-eight and six tenths (38.6) perches to center of public road; thence in said public road and division line of lands now or formerly of W, K. Waggoner North seventy-one and one fourth (71 1/4) degrees East, one hundred eleven and six tenths (111.6) perches to point in line of said Waggoner; thence by same, North twenty-nine (29) (. . .'. . degreeJ West, lwenty-threc (23) perches to a stonc; thence by same, North scvcnty.cighl and onc half (78 v,) degree. Easl, lilly.cight and onc Icnth (58, I) pcrches to a stone; thencc by lands now or fonnerly of Jacob C. Waggoner, South thirty-three (33) degrees East, sevcnty and scvcn Icnths (70.7) pcrches across road to a post; thcnce by same, SOllth seventy-live and onc fourth (75 1/4) dcgrees East, lhirty-nine and onc tenth (39.1) perches 10 point in road Icading 10 Long's Gap; thence in said road, South thirteen and onc half(J3 v,) dcgrces East, fourteen and cight tcnths (14,8) pcrchcs to a point; thencc by samc, South thirty-eight and one half(38 v,) degrecs East, twcnty-one and two tcnths (21.2) pcrches to thc Place of BEGINNING, EXCEPTING, however, a portion thcreof conveyed 10 Ray A. Waggoner and Belly M, Waggoncr, husband and wifc, by Deed dated August 28, 196 I, and recorded in the Cumberland County Recorder's Office in Deed Book "If', Volume 20, page 469. BEING portions of Tract No, I and Tract No, 2 which the Orphans' Court Division of the Court of Common Pleas ofCumberJand County, Pennsylvania, by Adjudication and Dccree Awarding Real Estate daled August 24, 1982, and recorded in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book "W", Volume 29, Page 949, by which said property was awarded to Beverley A, Cook, Clara S. Krumpe, Nina E, Barr, ]enice L, Shughart (now known as Jenice L. Rutherford), Timothy B. Shughart and Enunanuel S. Shughart. See also Corrected Decree Awarding Real Estate dated October 12, 1982 recorded in the Office aforesaid in Deed Book "X", Volume 29, Page 913, Nina E. Barr and Robert E, Barr, husband and wife, by their Deed dated Febru8l)' 28, 1985 and recorded in the Office aforesaid in Deed Book "D", Volume 3 J, Page 91, granted and conveyed their 1/6 interest unto Enunanuel S. Shughart, ]enice L. Rutherford and Brinton L, Rutherford, her husband, by their Deed dated August 15, 1986 and recorded in the Office aforesaid in Deed Book "C", Volume 32, Page 646, granted and conveyed their 1/6 interest unto Beverley A. Cook and Paul H. Cook, her husband, Clara S, Krumpe and Rudolph M. Krumpe, her husband, Timothy B, Shughart and Wendy S. Shughart, his wife and Emmanuel S. Shughart. Timothy B. Shughart and Wendy S. Shughart, his wife, by their Deed dated December 28, 1994 and recorded in the Office aforesaid in Deed Book 177, Page 1069, granted and conveyed their 5/24 interest unto Emmanuel S. Shughart. The said Emmanuel S. Shughart owns 71 I 2 interest in Ihe remaining Portions ofTract Nos, I and 2,