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HomeMy WebLinkAbout99-06304R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs in the above action, set forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located in Monroe Township, Cumberland County, Pennsylvania containing 21.82 acres of unimproved land, per the attached legal description. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999-6304 CIVIL TERM Name and address of owner: 2. Ben L. Breneman Apt. M-5, 6150 Springford Drive Harrisburg, PA 17111 Name and address of defendant in the judgment: Ben L. Brencman Apt. M-5, 6150 Springford Drive Harrisburg, PA 17111 3. Name and address of every judgment creditor whose judgment is a record lien on the real estate to be sold: R. Wayne Miller, Jr. E. Donald Miller Suzanne M. Keener 137 Mountain Road Lewisberry PA 17339 17 Longwood Drive Mechanicsburg, PA 17055 675 Williams Grove Road Mechanicsburg, PA 17055 George F. Kettle Enterprises LLC 7601 Lewensville Rd., Suite 400 McLean, VA 22102 PA Labor and Industry Unemployment Compensation Fund 16`h Floor, Labor and Industry Bldg. Harrisburg, PA 17121 Fry Communications 800 W. Church Road Mechanicsburg, PA 17055 Charles A. Wilson 28 Sharon Road Enola, PA 17025 Gordon E. Deckman 4048 Lisburn Road Dorothy A. Deckman Mechanicsburg, PA 17055 The Sentinel 457 E. North St., P.O. Box 130 Carlisle, PA 17013 John T. Zeigler 1010 Walnut Street Carlisle, PA 17013 Pennsylvania Dept. of Revenue Dept. 280946 Bureau of Compliance Harrisburg, PA 17128.946 4. Name and address of the last recorded holder of every mortgage of record: R. Wayne Miller, Jr. 137 Mountain Road Lewisberry PA 17339 E. Donald Miller Suzanne M. Keener 17 Longwood Drive Mechanicsburg, PA 17055 675 Williams Grove Road Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: none 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: none 7. Name and address of every other person of whom the plaintiffs have knowledge who has any interest in the property which may be affected by the sale; none 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. § 4904 relating to unsworn falsification to authorities. Date j'•te_ 00 Date JO-oo Date R. WAYN MILLER, JR. E. DONALD MILLER SC'Maj'? & /LQdAI.'-'- SUZ NNE M. KEENER ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to a survey thereof made by Charles W. Junkins, Registered Surveyor, dated December 4, 1985, as follows: BEGINNING at a point marked by a railroad spike in the center line of the public township road known as Sinclair Road, at corner of lands now or formerly of Robert B. Weber and wife; thence North 73 degrees 26 minutes 50 seconds East, 1609.08 feel to a point in the line between the Townships of Monroe and Upper Allen; thence extending along the line between the Township of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East, 1037.01 feel to a point in the public township road known as Sinclair Road, aforesaid; thence along and through said township road known as Sinclair Road, North 87 degrees 02 minutes 00 seconds West, 251.47 feel to a point marked by a railroad Spike in said road; thence along and through the same, North 77 degrees 02 minutes 00 seconds West, 338.16 feet to a point marked by a railroad spike; thence along and through the same, North 67 degrees 02 minutes 00 seconds West, 926.28 feel to a point marked by a railroad spike In said road; thence still along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in the center line of said road, at corner of lands now or formerly of Robert B. Weber and wife, aforesaid, the point and place of BEGINNING. CONTAINING 21.82 acres. BEING part of the same premises which R. Wayne Miller, Jr., E. Donald Miller, Suzanne M. Keener, et at, by their Deed dated the 30' day of December 1985 and recorded in Cumberland County Deed Book 31-R, Page 20, granted and conveyed unto Ben L. Breneman. ALSO BEING the same premises referenced in the mortgage between Ben L. Breneman and R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener dated December 31, 1985 and recorded in Cumberland County Mortgage Book 800, Page 501. r '3 M y, ig ? t h j`L R. WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE M. KEENER, Plaintiffs Vs. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999 - 6304 CIVIL TERM PRAECIPE TO REINSTATE TO: CURTIS R. LONG, PROTHONOTARY Please reinstate the complaint in W1,2114,114 Date s matter. Murrel R. Walters, III, Esq. Attorney for Plaintiffs 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 . ...... ... R. WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE M. KEENER, Plaintiffs Vs. BEN L. BRENEMAN, Defendant To: BEN L. BRENEMAN 6150 Springford Drive Harrisburg, PA 17111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999 - 6304 CIVIL TERM Date of Notice: December 17, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FRO14 THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249- 66 Murrel R. Walters, III, Esqu Attorney for Plaintiffs 54 E. Main Street Mechanicsburg, PA 17055 (717) 697-4650 R. WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999 - 6304 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Notice upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, Mechanicsburg, Pennsylvania, first-class, postage prepaid, as follows: Ben L. Breneman 1650 Springford Drive Harrisburg, PA 17 11 / V i Murrel R. Walters, III, Esquire Attorney for Plaintiffs 54 E. Main Street Mechanicsburg, PA 17055 (717) 697-4650 Dated: December 17, 1999 rr tit f . e11 ??_a .. • SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-06304 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND QILLER R WAYNE JR ET AL VS. BRENEMAN BEN L R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BRENEMAN BEN L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within COMPLAINT - MORT FORE (REINSTATED) On December 6th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answe Docketing 18.00 - !) Out of County 9.00 /?? Surcharge 8.00 4Mmau , urILL DEP. DAUPHIN CO 45.00 $EU.U U 0E1999WALTERS, III R Sworn and subscribed to before me this U tt? day of A.D. ?, f ?RZSFfa aYy? ?? k t Man Jane Smder Rcnl Hxltde Ix??uc William T. Tully Solicitor Dauphin County Harrisburg. Pennsylvania 17101 ph:(717)255-2660 lox:(717)255.2899 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MILLER R WAYNE JR vs • BRENEMAN BEN L Sheriff's Return No. 2393-T - - -1999 OTHER COUNTY NO. 99-6304 Ralph G. McAllister C hicl' Ikput% Michael W. Rinehart As4ishw Chief Dgmty AND NOW: November 26, 1999 at 10:45AM served the within REINSTATED COMPL.MORTGAGE FORECLOSURE upon BRENEMAN BEN L by personally handing to DEFT 1 true attested copy(ies) of the original REINSTATED COMPL.MORTGAGE FORECLOSURE and making known to him/her the contents thereof at DAUPHIN COUNTY COURTHOUSE HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 30TH day of NOVEMBER, 1999 PROTHONOTARY So Answers, IeAeo?- Sheriff of Dauphin County, Pa. By C?azv t-e 1 x ) Deputy Sheri Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO (0111re of e ,?$4er- iff LH In The Court of Common Pleas of Cumberland County, Pennsylvania R. Wayne Miller Vs?r., et. al. Ben L. Breneman No. 99-6304 Civ Now, 11/15/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauph County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 19-, at within upon at by handing to _ a and made known to So answers, Sheriff of Sworn and subscribed before me this _ day of , 19 o'clock M. served the copy of the original the contents thereof. COSTS SERVICE S MILEAGE AFFIDAVIT PA k°l S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs vs. BEN L. BRENEMAN, Defendant TO THE PROTHONOTARY OF THE SAID COURT: Interest Atty's Comm 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 it 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, 21.82 acres of unimnroved land situate in Monroe Townsliin. Cumberland Countv, Pennsylvania. 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) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis de dent(s) described in the attached exhibit. Date d 0'0 _ Signature: Print Name: Address: Attorney for: Telephone: of '+urrel R. Walters, III, Esq. 54 Fast "lain Street Ifeclignicsburp PA 17055 Plaintiffs Supreme Court ID No.: ( ) Confessed Judgment ( ) Other File No. 1999-6304 CIVIL TERM Amount Due 7 2 5, / 0. 5717) 697-4650 24849 (over) I 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. ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to a survey thereof made by Charles W. Junkins, Registered Surveyor, dated December 4, 1985, as follows: BEGINNING at a point marked by a railroad spike in the center line of the public township road known as Sinclair Road, at comer of lands now or formerly of Robert B. Weber and wife; thence North 73 degrees 26 minutes 50 seconds East, 1609.08 feet to a point in the line between the Townships of Monroe and Upper Allen; thence extending along the line between the Township of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East, 1037.01 feet to a point in the public township road known as Sinclair Road, aforesaid; thence along and through said township road known as Sinclair Road, North 87 degrees 02 minutes 00 seconds West, 251.47 feet to a point marked by a railroad Spike in said road; thence along and through the same, North 77 degrees 02 minutes 00 seconds West, 338.16 feet to a point marked by a railroad spike; thence along and through the same, North 67 degrees 02 minutes 00 seconds West, 926.28 feet to a point marked by a railroad spike in said road; thence still along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in the center line of said road, at corner of lands now or formerly of Robert B. Weber and wife, aforesaid, the point and place of BEGINNING. CONTAINING 21.82 acres. BEING part of the same premises which R. Wayne Miller, Jr., E. Donald Miller, Suzanne M. Keener, et al, by their Deed dated the 30°i day of December 1985 and recorded in Cumberland County Deed Book 31-R, Page 20, granted and conveyed unto Ben L. Breneman. ALSO BEING the same premises referenced in the mortgage between Ben L. Breneman, and R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener dated December 31, 1985 and recorded in Cumberland County Mortgage Book 800, Page 501. [r., p 4 ?J i_ ?? I - lL? ! O CL r' ? W ° "• U a U T , `V 1 1 ? i 1 I 1 ^ O` r7 7 S r ?( 1 I v r4 R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE BEN L. BRENEMAN, NO. 1999-6304 CIVIL TERM Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs in the above action, set forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located in Monroe Township, Cumberland County, Pennsylvania containing 21.82 acres of unimproved land, per the attached legal description. Name and address of owner: Ben L. Breneman Apt. M-5, 6150 Springford Drive Harrisburg, PA 17111 2. Name and address of defendant in the judgment: Ben L. Breneman Apt. M-5, 6150 Springford Drive Harrisburg, PA 17111 3. Name and address of every judgment creditor whose judgment is a record lien on the real estate to be sold: R. Wayne Miller, Jr. E. Donald Miller Suzanne M. Keener 137 Mountain Road Lewisberry PA 17339 17 Longwood Drive Mechanicsburg, PA 17055 675 Williams Grove Road Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: R. Wayne Miller, Jr. 137 Mountain Road Lewisberry PA 17339 E. Donald Miller Suzanne M. Keener 17 Longwood Drive Mechanicsburg, PA 17055 675 Williams Grove Road Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: 11= 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: n= 7. Name and address of every other person of whom the plaintiff's have knowledge who has any interest in the property which may be affected by the sale: n= 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. § 4904 relating to unswom falsification to authorities. Date R. WA 'NE MILLER, JR. Date r- Date E. DONALD MILLER SUZA E M. KEENER ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to a survey thereof made by Charles W. Junkins, Registered Surveyor, dated December 4, 1985, as follows: BEGINNING at a point marked by a railroad spike in the center line of the public township road known as Sinclair Road, at corner of lands now or formerly of Robert B. Weber and wife; thence North 73 degrees 26 minutes 50 seconds East, 1609.08 feet to a point in the line between the Townships of Monroe and Upper Allen; thence extending along the line between the Township of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East, 1037.01 feet to a point in the public township road known as Sinclair Road, aforesaid; thence along and through said township road known as Sinclair Road, North 87 degrees 02 minutes 00 seconds West, 251.47 feet to a point marked by a railroad Spike in said road; thence along and through the same, North 77 degrees 02 minutes 00 seconds West, 338.16 feet to a point marked by a railroad spike; thence along and through the same, North 67 degrees 02 minutes 00 seconds West, 926.28 feet to a point marked by a railroad spike in said road; thence still along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in the center line of said road, at corner of lands now or formerly of Robert B. Weber and wife, aforesaid, the point and place of BEGINNING. CONTAINING 21.82 acres. BEING part of the same premises which R. Wayne Miller, Jr., E. Donald Miller, Suzanne M. Keener, et al, by their Deed dated the 30' day of December 1985 and recorded in Cumberland County Deed Book 31-R, Page 20, granted and conveyed unto Ben L. Breneman. ALSO BEING the same premises referenced in the mortgage between Ben L. Breneman and R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener dated December 31, 1985 and recorded in Cumberland County Mortgage Book 800, Page 501. 0, CO r r :- C7 0 O U r R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999-6304 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 7, 2000 TIME: 10:00 a.m. LOCATION: Sheriffs Office Cumberland County Courthouse South Hanover Street 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 DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land situate in Monroe Township, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener vs. Ben L. Breneman, No. 1999-6304 Civil Term, for $162,000.00 plus interest and costs until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Ben L. Breneman, Apt. M-5, 6150 Springford Drive, Harrisburg, PA 17111. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 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. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 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. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: Murrel-R. Walters, III, Esq Attorney for Plaintiffs Supreme Court ID #24849 54 East Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 'c 'El t? f^ j r l?j r. i O R. WAYNE MILLER, 1R., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999-6304 CIVIL TERM NOTICE TO LIEN HOLDER S PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Ben L. Breneman: R. Wayne Miller, Jr. E. Donald Miller Suzanne M. Keener 137 Mountain Road 17 Longwood Drive 675 Williams Grove Road Lewisberry, PA 17339 Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 You are hereby notified that on June 7, 2000 at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener vs. Ben L. Breneman, No. 1999-6304 Civil Term, in the amount of One Hundred Sixty-two Thousand Dollars ($162,000.00), plus interest and costs and collection fees, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, real estate of Ben L. Breneman known as that tract of land situate in Monroe Township, Cumberland County, Pennsylvania. Description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. FZI' cu ' . o :3 o -U r;. 's ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to a survey thereof made by Charles W. Junkins, Registered Surveyor, dated December 4, 1985, as follows: BEGINNING at a point marked by a railroad spike in the center line of the public township road known as Sinclair Road, at comer of lands now or formerly of Robert B. Weber and wife; thence North 73 degrees 26 minutes 50 seconds East, 1609.08 feet to a point in the line between the Townships of Monroe and Upper Allen; thence extending along the line between the Township of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East, 1037.01 feet to a point in the public township road known as Sinclair Road, aforesaid; thence along and through said township road known as Sinclair Road, North 87 degrees 02 minutes 00 seconds West, 251.47 feet to a point marked by a railroad Spike in said road; thence along and through the same, North 77 degrees 02 minutes 00 seconds West, 338.16 feet to a point marked by a railroad spike; thence along and through the same, North 67 degrees 02 minutes 00 seconds West, 926.28 feet to a point marked by a railroad spike in said road; thence still along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in the center line of said road, at corner of lands now or formerly of Robert B. Weber and wife, aforesaid, the point and place of BEGINNING. CONTAINING 21.82 acres. BEING part of the same premises which R. Wayne Miller, Jr., E. Donald Miller, Suzanne M. Keener, et al, by their Deed dated the 30" day of December 1985 and recorded in Cumberland County Deed Book 31-R, Page 20, granted and conveyed unto Ben L. Brcneman. ALSO BEING the same premises referenced in the mortgage between Ben L. Breneman and R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener dated December 31, 1985 and recorded in Cumberland County Mortgage Book 800, Page 501. R. WAYNE MILLER, JR. 137 Mountain Road Lewisberry, PA 17339, E. DONALD MILLER 17 Longwood Drive Mechanicsburg, PA 17055, and SUZANNE M. KEENER 675 Williams Grove Road Mechanicsburg, PA 17055, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE BEN L. BRENEMAN, NO. 1999-6304 CIVIL TERM Apt. M-5, 6150 Springford Drive Harrisburg, PA 17111, Defendant PRAECIPE FOR DEFAULT JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiffs and against Defendant Ben L. Breneman for failure to file an answer to Plaintiffs' Complaint within twenty days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs' damages as follows: Principal $140,000.00 Interest from July 1, 1994 to September 30, 1999 66,150.00 Taxes 15,000.00 Attorney's collection fee 7.000.00 Total real debt $228,150.00 I hereby certify that (1) the addresses of the Plaintiffs and Defendant are as shown above, and (2) notice has been given in accordance with Rule 237, , copy atta ed. K2y ?? ate Murrell R. Walters, III, Esquire Attorney for Plaintiffs 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 DAMAGES ARE HEREBY ASSESSED AS INDICATED. Date RTIS L. LONG, Prothono? CF) ?, .. N i?}4a C:l U? R. WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE M. KEENER, Plaintiffs Vs. BEN L. BRENEMAN, Defendant To: BEN L. BRENEMAN 6150 Springford Drive Harrisburg, PA 17111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999 - 6304 CIVIL TERM Date of Notice: December 17, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249- 66 Murrel R. Walters, III, Attorney for Plaintiffs 54 E. Main Street Mechanicsburg, PA 17055 (717) 697-4650 x (ta i. FNI' R. WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999 - 6304 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Notice upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, Mechanicsburg, Pennsylvania, first-class, postage prepaid, as follows: Ben L. Breneman 1650 Springford Drive Harrisburg, PA 17 11 Murrel R. Walters, III, Esquire Attorney for Plaintiffs 54 E. Main Street Mechanicsburg, PA 17055 (717) 697-4650 Dated: December 17, 1999 u • ??? i C Ilr N l : S.7 V U n? o "T v st ? Y S? R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE BEN L. BRENEMAN, NO. 1999-6304 CIVIL TERM Defendant AFFIDAVIT OF SERVICE PURSUANT TO PA. R.C.P. 3129.2 I hereby state that as attorney for the Plaintiffs in this action I have served by first-class mail and by certified mail, return receipt requested the attached Notice to Lien Holders. Mailings were directed to the addresses that were set forth in the pleadings filed by those who were notified. None of the first-class mail was returned. Return Sworn to and subscribed before me this 30' day of May, 2000. Notary Public rVk . V Murrel R. Walters, III, Esquire Attorney for Plaintiffs 54 East Main Street Mechanicsburg, PA 17055 (717) 6974650 I.D. No. 24849 Notarial Seat Diane M. t.r ? Notary Public MaoMnkata • . k • . i, -wrtand Coun MrComm:5,w :.r,., : n) 22W R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999-6304 CIVIL TERM NOTICE TO LIEN IIOLDER_ IS PURSUANT TO PA. MC.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Ben L, Breneman: R. Wayne Miller, Jr. 137 Mountain Road Lewisberry, PA 17339 E. Donald Miller 17 Longwood Drive Mechanicsburg, PA George F. Kettle Enterprises, LLC 7601 Lewensville Rd., Suite 400 McClean, VA 22102 PA Labor and Industry Unemployment Compensation Fund 16th Floor, Labor and Industry Bldg. Harrisburg, PA 17121 Fry Communications 800 W. Church Rd. Mechanicsburg, PA 17055 Charles A. Wilson 28 Sharon Rd. Enola, PA 17025 Gordon E. Deckman and Dorothy A. Deckman 4048 Lisburn Road Mechanicsburg, PA 17055 Suzanne M. Keener 675 Williams Grove Road 17055 Mechanicsburg, PA 17055 The Sentinel 457 E. North St., P.O. Box 130 Carlisle, PA 17013 John T. Zeigler 1010 Walnut St. Carlisle, PA 17013 Pennsylvania Dept. of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-946 You are hereby notified that on June 7, 2000 at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of common Pleas of Cumberland County, Pennsylvania, on the judgment of R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener vs. Ben L. Breneman, No. 1999-6304 Civil Term, in the amount of One Hundred Sixty- two Thousand Dollars ($162,000.00), plus interest and costs and collection fees, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, real estate of Ben L. Breneman known as that tract of land situate in Monroe Township, Cumberland County, Pennsylvania. Description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. ALL TIIAT CERTAIN tract of land shuttle in the Township of Monroe, County of Cumberland and Slate of Pennsylvania, more particularly bounded and described according to a survey thereof made by Charles W. Junkins, Registered Surveyor, dated December 4, 1985, as follows: BEGINNING at a point marked by a railroad spike in llte center line of the public township road known as Sinclair Road, at corner of lands now or formerly of Robert B. Weber and wife; thence North 73 degrees 26 minutes 50 seconds East, 1609.08 feet to a point In lire line between the Townships of Monroe and Upper Allen; thence extending along the line between the Township of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East, 1037.01 feet to a point in the public township road known as Sinclair Road, aforesaid; thence along and through said lownship road known as Sinclair Road, North 87 degrees 02 minutes 00 seconds West, 251.47 feet to a point marked by a railroad Spike in said road; thence along and through [lie same, North 77 degrees 02 minutes 00 seconds West, 338.16 feet to a point marked by a railroad spike; thence along and through the same, Norllr 67 degrees 02 minutes 00 seconds West, 926.28 feet to a point marked by a railroad spike In said road; thence still along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in lire center line of said road, at corner of lands now or formerly of Robert B. Weber and wife, aforesaid, lite point and place of BEGINNING. CONTAINING 21.82 acres. BEING part of the same premises which R. Wayne Miller, Jr., E. Donald Miller, Suzanne M. Keener, et al, by their Deed dated the 300' day of December 1985 and recorded in Cumberland County Deed Book 31-R, Page 20, granted and conveyed unto Ben L. Breneman. ALSO BEING the same premises referenced in the mortgage between Ben L. Breneman and R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener dated December 31, 1985 and recorded in Cumberland County Mortgage Book 800, Page 501. SENDER: C,N 0" "m I rWr 2 W aadeorlel ee *"- eCOngMeara3,•ta,andtb. oNM kxm sofWwe een ntwn We •PM Y?yo.ruwrr.ne bens. on M mree ergpsma,erebml 10 M hM W M mWOM. W on ft beds 0 spas don W .. •WA *' 'R..10 bleu On the W M bsfow M Oede nlOO ¦The Return AwW MI om toM1oln M amde wee dOWW W4 M dde v George F. Kettle Enterprise .8e Type d . ? Regtetered ? Express Md S U440 -'1'0' ? Retun NOW Mc )yyor3?v,?a/yAot?v 7. at. oaim Gr?Glr=nN V yz 10l t XZ P8 Form a S. S December tegt 0259&e7ealn 1 abO Wish to receive " IdIOwlrlg "rAos (for an , extra lee): , 1. ? Addreasee's Address 2.13 Restricted Delivery Consult postmaster for fee. 5 17 °d SUz ?CeniAed ? Insured ? COD ,requested 1 "M 2 for bd6wW eemkx s. 1 also wish to receive ft a 4a,v1d 4b. following services (for an rN bars m M Terse Of are bore W eW we care ,own are extra fee): jj to ft kwd o M ma%iwe, or .n to beck a pea does not 4 Fa 1. ? Addressee's Address w W ReWWWon Mm lpleoe below M Aide mnbet 2. ? Restricted Delivery N Jyi elq Me skow to wkrn M w§de rr OWwWW rW M "4 PA Labor and Industry Unemployment Compensation Fund 16th Fir., Labor & Ind. 8 Harrisburg, PA 17121 x X v -r PS Form 3811. December IM Consult postmaster for fee. 4a, ArOqI* Nurturer 5iz 6 )7 .5-Vt 4b. Service Type f ? Registered CerbAed Fxptses Mal ? insured Behm Receipt for Merdsndes ? C00 Date o Delivery 81 /. ressse ress(Onlyl re(iisfed C ? 1025W9?-84D17e SENDER: ecaiploe NW41rWor 2lor edderW srv I . I also wish to receive the ar:omp.re a.me 3, 4a,end 4b. folovAng services (for an •? youorunra and address on the rewse of are form a WW we ran town NO extra fop): 10 eAdadtJ bml 11 the kM 10, ma$Oeee, a an M Wk a,paw dM rem 1.0 Addressee's Address • "4hfflR.aWR.Q tOr +MMAIPWW WOWM•nlasMn+ba 2.?Restricted Detlvery ¦The Room Room" wa eraw to Mar M reds sea d4b Md W10 M dau , dWveted. Co wAt postmaster for fee. 3. Ardde Addressed W 4e. a Number /7 53 i 5120 Fry Communications 40.SerNceTYPO Boo W. Church Road ? Repstered O-CerbAad Mechanicsburg, PA 17055 ? Express Mal ? Insured 9 ? Ream Reosgt for Mert1tandse ? COD 7. Data DeINSry 5. Received By: (Print Name) B. Addressee's Address (Orgy # requested and he Is paid) . 6. Sign u • (AddnUWO Agenq Ps 3811. December t 1025e5e7.111017e Domestic etum Receipt ?coiiiple: ninr t erid'ar x M eddeorW ewNces. I also wish to teat ets ?Conelsle Ilanr x. Ie, std 10. folowing seMas (lor an ?? b nrm rq WOml on lM revane of ft km, w VW M em return be 4*6 fas): ' pu ? RY bm to the kart W the mWIPWM or m IM DW M space don nal AU,h 1. E3 AddresN•'s Address p , mW i'RNUm ReCOV RpWome on ft mOpieW bebw Its OkM mftw.. , 2. ? Restricted DoMry ?Tho Rseun R" W Short to whom s» wide wee d6hww and IM doe r dslivoro& Consult postrnasMr for lee. 1. ArtIds Addressed to: 4a. • urnber ' 2 o/7 S?(J Charles A. Wilson 40, OMaType 20 Sharon Rd. Rd. ?Rplstered C•PoBed ' ? Enola, PA 17025 Insursd ' ? Express Mal ? Return Reap forMardendas ? COD 7. Date of Del!pry, i. ReaNed By: (Print Name) 8. Addressee's Address (Orgy 11requested and fee Is paid) a X WA-1 Kea 1 I s PS Form 3811, obcsirrber 1994 102595fif emirs meat c etum ace pt ..errwp e?? un RnslpW o?.hnm s.r wntdsfvo d&Wft?OW 2.? R•atdcted DNlvsry COMA Postmaster for fee. 4 e Addressed to: , 4e. Ardcle Number John T. Zeigler P 512 017 538 1010 Walnut St. 4b. ervkaTYM Carlisle, PA 17013 0Regstered Card Bed D Express Mal ?p Insured ' D Return Reap for Mwdwtdse E3 COD br 7. Date Deuvery i q /g, ?? 1 6?/ (P f 0/0 C7'L/?oC 8.raid»sispUAdtld) teen(ONytl,eyue fed"-?r 6. Slpru : ( orApanf) ? ?' X PS F 3811, r 1 19250591 " eons Domestic alum eCe pt F"?TMaar+*eowprswnwaweemewuudetnaaxwedwdmeem.__, __?..___._.?___...,._._,.' 3. s Oonsltlt Posbnast•r for fee. seed to: 4a. Artlds Number Gordon E. Dockman P 512 017 537 Dorothy A. Deckman 4b.ServINTypo 4048 Lisburn Rd. ? R?nered aruned , Mechanicsbur ? Express MeY D COD 9. PA 17055 ? p,Nwn p•ap for f?Mrdwldee D COD 7. Date of Del , 8. RsceNW By. (PMf Nome) 8. Addressee's Address art Ass Is pat) (OM Nroquestsd s!L e. no ature: teases FL' ! PS Form 3811, December IM 102595 91 .0179 ome91 c etum ece pt V 3. Ankle Addressed to: Ia. Artlde NtxMer The Sentinel P 512 017 536 a? tt99!! 457 E. North St. 4b.Sor*,Q yps P. O. Box 130 D Reastered CS Cenmed p Carlisle, PA 17 013 D Express Mal D Insured § D Rehm Reap for Msrdwxbs D COD 3 7. t• OslNsry b 5. Recetvad Dy: (Pdnf 3'-/ '- c u 1 L 8. Addressee's Address (Only 0 requested y and lee b paid) I 8. Sggtature ( or I X I a PS Forth 3 1 I r of a4172 Inflate neon. e....... PLfL'?n, 1 1 t 1 00 my 30 PM 4: 19 CUWEP ,Pjo CO(N y PENJVS 51 A a c3 a / {I tt,y, Y/rk y k a s r? t r:'f'?.l E R. WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CIVIL TERM 1999 - 630Y L'tu? T?- NOTICE 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 THE COMPLAINT AND NOTICE ARE SERVED, 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 BY THE COMPLAINT 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 R. WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CIVIL TERM 1999 - G 30y Cuwc 7-.LA. COMPLAINT AND NOW, come the Plaintiffs, R. Wayne Miller, Jr., E Donald Miller and Suzanne M. Keener, through their attorney, Murrel R. Walters, III, Esquire, and file this Complaint in Mortgage Foreclosure, of which the following is a statement: 1. Plaintiff R. Wayne Miller, Jr. is an adult individual who resides at 137 Mountain Road, Lewisberry, York County, Pennsylvania 17339. 2. Plaintiff E. Donald Miller is an adult individual who resides at 17 Longwood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff Suzanne M. Keener is an adult individual who resides at 675 Williams Grove Road, Cumberland County, Mechanicsburg, Pennsylvania 17055. Defendant Ben L. 4 Breneman is an adult individual who yr . resides at 1447 Hillcrest Court, Camp Hill, Cumberland County, Camp Hill, Pennsylvania 17011. 5. On December 30, 1985, Plaintiffs, joined by their respective spouses, conveyed a parcel of ground situate partially in Monroe Township and partially in Upper. Allen Township, Cumberland County, Pennsylvania to Defendant, which deed was recorded in Cumberland County Deed Book 31-R, Page 20, a copy of which is attached hereto, incorporated herein and marked as Exhibit "A" 6. On December 31, 1985, Defendant executed a mortgage in favor of Plaintiffs on 21.82 acres of real property situate in Monroe Township, Cumberland County. This is a portion of the total real property set forth in the Exhibit "A" deed. The mortgage was in the amount of $140,000.00. A copy of said mortgage is attached hereto, incorporated herein and marked Exhibit "B". 7. Several extensions in the repayment terms of said real estate mortgage with its accompanying note were agreed upon between the parties. 8. Said real estate mortgage with accompanying note are in default because Defendant has failed to make payments since July 1994. 9. By reason of the aforesaid default, the entire principal balance of $140,000.00 together with interest thereon at the rate of 9% per annum computed from July 1, 1994, along with late charges and attorney 's fees, are now due and payable. 10. Defendant has failed to pay real estate taxes, which Plaintiffs have paid over the last several years in an amount of $15,000. 11. Defendant is liable to the Plaintiffs for the following on said mortgage loan: a. principal amount due: $140,000.00 b. interest due to September 30, 1999: 66,150.00 C. attorney's collection fee: 7,000.00 d. unpaid taxes: 15,000.00 Total: $228,150.00 WHEREFORE, Plaintiffs pray this Court to enter judgment in favor of Plaintiffs and order the foreclosure and sale of the mortgaged property and for the amount of Two Hundred Twenty- eight Thousand One Hundred Fifty Dollars ($228,150.00) together with interest thereon, costs and all other amounts advarryde jby Plaintiffs. V tlU vlq/ Murrel R. Walters, III, Esquire Attorney for Plaintiffs 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 a: VERIFICATION We verify that the statements made in this Complaint are true and correct. We understand that false statements herein are made subject to the penalties of IS Pa. C.S. §4904, relating to unswom falsification to authorities. R. WA E MILLER, JR. E. DONALD MILLER SU E M. KEENER Date: Oe, rZrlviL /Y, /f4 y .......??.. ?..??....+?? ???... +...:..r.?.+-:.?...«re,....?,?mm.??rn.?e..??.a.._? .?...w_.a...n :...::.,.v........av..rawu'+wNM1'?+W+•aONir.Y.wM1aHIRv ?.?? ?? G? ?.. li.. tiS? ? C)e.?P. 1 ?.. CI, U COMMONWEALTH OF PENNSYLVANIA = 'a DEPARTMENT OF REVENUE p ?? o F.11.1116. COMMONWEALTH OF PENNSYLVANIA IdAl1Y r _ 12ANSFtm 1tcs1.1S L9.-.. 0 0. 0 0 thx : DEPARTMENT OF REVENIIL olm o IAN1rER 9 80. 0 01 ux Na,1, e e1.111,: ... J J No. 316 30th FEEBIMPLE DEED-Trpeorrltr Sbig 3nbrntnrr, zttdr crib day of December to she your of our Lord Our rhausand Nine Nuadred and Eighty-five (1985) ..I ,1g! f#n R. WA:NC MILLER, JR. and RUTH E. MILLER, his wife of Monaghan Township, York County, Pennsylvania, E. DONALD r - MILLER and DONNA K. MILLER, his wife, of Upper Allen Town- O1 ship, Cumberland County, Pennsylvania and SUZANNZ M. HEINLY KEENER (formerly Suzanne M. Mainly) and JOHN E. KEENER, `I eC her husband, of Upper Allen Township, Cumberland County, Pennsylvania, Crantors and Parties of the First Part 1 Liw;; u A N D w BEN L. BRCNEMAN, a married man, of Upper Allen Township, Cumberland County, Pennsylvania, Grantee and Party eJ tAe ucond part. WitnP131W4 Tkul the said-part Les of Isom Jlro$ part, for and In eonsideeallo. of thmsun of THREE HUNDRED EIGHT THOUSAND AND NO/100---($308,000.00) hollers, lawful money of the United State# of Amerira, well and truly paid by 1As sold part Y of the ,econd part to the mid part of the first part, al and before the slating and delivery of them. rreseab, the receipt whereof is hereby acknowledged. have rrsuted, bargained, mold, aliened, enfealled, released, enureyed and confirmed and by Meat presents do grant, haraaln, ell, allrn, evolcoll. release, eonrey, and "firm unto IA, said t.rrl y of the sernnd lower his holes mod om.iaa, jN ii that certain tract of land, situate partially in Upper Allen Township, Cumberland County, Pennsylvania, and partially in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Charles N. Junkins, Registered Surveyor, dated December 4, 1985, as follows, to wits BEGINNING at a point in the center line of Williams Grove Road (L.R. 21017), at corner of lands now or late of St. Paul's United Church of Christ; thence extending along and through said Williams Grove Road, in a southerly direction, by the arc of a curve-to the left, fisving a radius of 2,864.93 feet, an arc distance of 552.83 feet to a point; thence, continuing along and through said Williams Grove Road (L.R. 21017), South 1 degree 35 minutes 30 saconde West, 320.02 . feet to a point in said road as intersected by the center line of a public township road known as Sinclair Road; thence extending along the center line of said public township road, South 72 degrees 58 minutes West, 956.46 feet to a railroad spike; thence by the same North 87 degrees 02 minutes 00 seconds west, 285.36 feet to a railroad spike; thence by the same North 77 degrees 02 minutes 00 seconds West, 388.16 feet to a railroad spike; thence by the mama North 67 degrees 02minutes 00 seconds West, 926.28 feet to a railroad spike; thence by the same North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a railroad spike at corner of land now or late of Robert B. Weber, 611K 131 WE 2D A I EXHIBIT f at uxi thence extending along the line of said land now or late of Robert B. Weber, at ux, North 77 degrees 26 minutes 50 seconds last 1,621.67 feet to a concrete monument at the corner of land now or late of St. Paul's United Church of Christi thence extending along the line of said land now or late of St. Paul's United Church of Christ, South 16 degrees 33 minutes 10 seconds East 200 foot to a concrete monumenti thence con- tinuing along said line of land of St. Paul's United Church of Christ, North 73 degrees 26 minutes 50 seconds East, 846.71 feet to a point in the center line of Williams Grove Road, (L.R. 21017), the point and place of BEGINNING. CONTAINING 20.17 acres in Upper Allen Township and 21.82 acres in Monroe Township, for total acreage o! 42.19. BEING the same premises title to which became vested in R. Wayne Hiller, " Jr., E. Donald Miller, Suzanne H. Heinly (now Keener) by deed of Robert W. Miller and Dorothy E. Hiller, his wife, dated June 1, 1976 and retarded in Dead Book P-26, Page 569, Cumberland County records. Ruth E. Millar, Donna K. Hiller and John E. Keener join in this conveyance to convey any right, title or interest they may have by virtue of marriage to their reopectove spouses. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, consitions and rights of way of record. f•?I/ . M.......•..••........ eleb. Co, Pa. Cu a.41 td N• Uw1•r Tu fy.jf 144. o.l , aa. Col. ir. 6--wP of lf.:.,nall'.07 Cunb. Co., Pa. Ca A•el [list. Tu•,le To, oIto?X-,7!3'J 7 p•dn .1 Cwt. Ch 041. C•i aa4 School Dbl. Cumb. Co" Pa. .4?L P,d 10414 Tr,•d•r Tom I s 3 Dole :..1- A• .7.7. o...1 1. •. School D1,1. Cumb, GM a j 1+ r,.d F,h4 Trmbr Tu jet, [.h:,V :TJ-Anl. . i t eoubi FACE a , at uxl thence extending along the line of said land now or late of Robert B. Weber, at ux, North 77 degrees 26 minutes 50 seconds East 1,821.67 feat to a concrete monument at the corner of land now or late of St. Paul's United Church of Christ{ thence extending along the line of said land now or late of St. Paul's United Church of Christ, South 16 degrees 37 minutes 10 seconds East 200 feet to a concrete monuments thence con- tinuing along said line of land of St. Paul's United Church of Christ, North 73 degrees 26 minutes 50 seconds East, 846.71 feat to point in the center line of Williams Grove Road, (L.R. 21017), the point and place of BEGINNING. CONTAINING 20.37 acres in Upper Allen Township and 21.82 acres in Monroe Township, for total acreage o° 42.19. ' BEING the same promises title to which became vested in R. Wayne Miller, Jr., E. Donald Miller, Suzanne M. Mainly (now Keener) by deed of Robert W. Hiller and Dorothy E. Miller, his wife, dated June 1, 1976 and recorded in Deed Book P-26, Page 569, Cumberland County records. Ruth E. Miller, Donna K. Miller and John E. Keener loin in this conveyance to convey any right, title or interest they may have by virtue of marriage to their [espectove spouses. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conaitions and rights of way of record. 1A C?AVc a..?U Cumb. *Co., to. lost 111814 tfsodtf .-f ?.jl... 1. 0.1 •. C.U. Old. r ,- Cu l• nb. Co., Pa, -i7. M•1 Ed,b Lulu Tu o.l•?z?T??'! 7?,G•••C.Q C-6 Co. D4L GL AA School DGI. Cumb. Ce, to. -tl Root 10816 Tr•vU„ Lc 0610 . .7 0. I A;? 'e.a.J School Dhl. Cumb. Co a, lK O,d bbl• Ludo Tu 9a? BOOK k31 PACE 21 r eM 4DI.A. 0?pAb jr..J,16 lA.. A PA 3?'$ ,d , f rl I . f e fl t" 4 " , MOaxWaa-I2101VIDaAL hl-t-4 -4 0,4 M n. r4N.Ja. Cw Vawn.K1, pa, III$$ aw gz$a' Ujig lubenturt, Alabt the •j/ 4;e day of December m the year nineteen hundred and elghty-five (1985)• 33t1bient BEN Le BRENEMAN, party of the first part, i I II Mortgagor , and R, WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE H. KEENER, parties of the second part, Mortgages,! I MQ tttaj, the raid BEN L. BRENEMAN Mortgagor , in and by his certain obligation or Writing Obligatory, under his hand and ,eel , duly executed, bearing even date herewith stand bound unto 114 said Aforfgngeee in the rum of One Hundred Forty Thousand ( $140x000.00) Dollars lawful money of the United States of America: conditioned that the said Alortgngor his heirs, executors or administrators, shell and do well and truly pay, or cause to be paid, unto the said Aortgagee S, their errurin attorneys, executors, administrators or assigns, the sum of One Hundred Forty Thousand ($ll}0,000.00) Dollar., in three (3 years from the date hereof, together with interest thereon at the rate of nine (9%) per cento per annum, payable semi- annually, the first payment of which shall be due in six (6) months from the date hereof and every six (6) months thereafter during the term of this obligation. This provision, however, shall not affeot s the maturity date of this obligation first stipulated above, in that the prinnipal of this obligation shall be payable in full in three (3) years from the date hereof. Iiitb WOO, from time to time, and of all times, until payment of said principal sum be made as ators• said, keep the building , erected and to be erected upon flat land herein described, Insured tar the benefit of the Mortgagee , in some good and reliable Stock Insurance Company or Companies to the amount of at least not applicable-insuranco is not required Dollars, and take no Insurance out on sold buildings, rat marked for the benefit of the Aortgagee the turtlwr condition of the said Obll- gafion is such, that it of any time default shall be made In the payment of any installment of Interest or insurance premium as aforesaid, lot the space at ---30--- days alter any payment thereof shell fall due, or if a breach of any other of the foregoing conditions b made by the said Mortgagor , his heirs, executors, edmirdstratots or assigns, then and In such case, the said principal sum shall at the option of the said Atortgadvea , their heirs, executors, administrators or assigns, became due; and payment of (lie same, with the interest and costs of insurance due thereon, as aforesaid, together with an attorney's canVlfilsion of---5%--- per cent. on the said principal sum, besides costs of suit, may be enforced and recovered at once, anything therein contained to the contrary thereof In anywise notwithstanding, as in and by the said recited Obligation and the can. dition thereof (relation being thereunto had) may more fully and at large appear. latt11rjdAtb that the said Mortgagor , as well for and in consideration of the said debt or mal of One Hundred Forty Thousand (140,000,00) Dollars, and for the better securing the payment of the same with interest, as aloresald, unto the said Afortgageee , their heirs, executors, administrators or assigns in the discharge of the said recited Obligation , as for and in consideration of the further sum of one dollar, lawful money, aforesaid, unto the said Mortgagor in hand well and truly paid by said Afortgegee a , at or before scaling and delivery hereof, ilia receipt whereof is hereby acknowledged, has granted, bargained and sold, released, and confirmed, and by these presents, does grant bargain aid sell, release and confirm unto the said Afortgagre o , the it heirs and assigns till THAT CERTAIN TRACT of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to a survey thereof mgge by Ch'arlea W. Junkins, Repistored Surveyor, dated Decambor ll, 19 5, as follows: eooa 600 GO! EXHIBIT r BEGINNING at a point marked by a.railroad spike in the center line of the public township road known as Sinclair Road, at corner of lands of Robert B. Weber and wife; thence along the lino of said lands of Robert B. Weber and wife, North 73 degrees 26 minutes 50 seconds Eaet, 1609.08 feet to a point in the line between the Townships of Monroe and Upper Allen; thence extending along the line between the Tuwnship of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East, 1037,01 foot to a point in the public township road known as Sinclair Road, aforesaid; thence along and through said township road known as Sinclair Road, North 87 degrees 02 minutes 00 seconds West, 251.47 feet to a point marked by a railroad spike in said road; thence along and through the same, North 77 degrees 02 minutes 00 seconds West, 338.16 feet to a point marked by a railroad spike; thence along and through the same, North 67 degrees 02 minutes 00 seconds West, 926.26 feet to a point marked by a railroad spike in said road; thence still along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in the cantor line of said road, at corner of lands of Robert B. Weber and wife, aforesaid, the point and place of BEGINNING. CONTAINING 21.82 acres. BEING a part of the same premises which R. Wayne Miller, Jr., E. Donald Miller, Suzanne M. Keener, at al, by their Deed dated the .3oc4 day of December, 1985, and to be recorded herewith, granted and conveyed unto Ben L. Breneman, the Mortgagor herein. This .Mortgage is accepted with the understanding that the Mortgagee will subordinate to a Construction Mortgage at a later date. i 5r V 41 't t •f ca 5 i.. c. r•^I Ir U 1r Ca •1 Ga N'' l? ••? r? it i hog 600 J,%r :dip i Magrt4rr with all and elnQulArffse impmvernents, ways, wafer., watercourses. rights, lihettipa, privile4es, heredifements and appurtenances whatsoever unto the hereby granted prendrN belangh-g, or in anywise appertaining, And the revernions and remainders, rents issues and profits thereof; 0o NUne Anb ids iljatb the amid heredifmnent+ and premises grnnfed, or mentioned and Intended so to be with the appurfersenoes, unto the said Alorigagm e , their ;airs and Assigns, to and for the only propsr`uma and behool of tier said Mortgages 6, their heirs and assigns, forever: Anb the said Ahorfgngar , lot himself s hie heirs and assigns do hereby covenant, promise and agree to And with the maid Mortgagee a, their helm, executors, adntirustrators And Assigns, that if the maid Afortgodor , his heirs or "Signs, shall neglect or refuse to heap up the aforesaid insurance, If shall he lawful lot the meld Aforfgagee a , their heirs, executors, administrators or Assigns, to Insure the maid building not applioable-inouranoo not required in a sum sufficient in occurs payment of the said principal debt, in case of are, and -hall recover the costs And expenses of such lrrurance in a suit upon ads Mortgage. PraUlbeb Always; nevertheless, that if the said Morfgn&r his hairs, eircuton, administrators or assigns, do ehd shall well and truly pay, or cause to be paid, unto the said Mortgagee a, their heirs r executors; administrators or assigns, the sold principA/xumoh One Hundred Forty Thousand ($140,000.00) Dollars, lawful mangy, aforesaid, An the day and time herainbefore mentioned and appointed lot payment at the name, together with interest ehnd costs and charges of insurance, as aloresAid, and without any deduction, delalcafion or ahatemenf to be made of anything for or In respect of any faxes, charges of assessments whatsoever, then and from thenceforth, as well this present Indenture and the estate hereby granted, as Me said above recited Obligation , shall cease, determine And become void, anything Isere. lnbefore contained to the contrary thareol in anywise notwithstanding. Allb FraUlbrb, also, that If shall and may be lawful for the said Mortgagee A their heirs s executors, administrator or assigns, when And as moon as the said principal sum shall, In any event, become due arid payable, as aloresaid, an Action ol•Mortgage fareciosure may be properly commenced upon this Indenture of Mortgage, and proceed thereon to judgment And execution for the recovery of said principal sum and all Interest due thereon, and the costs and expenses of insurance, as aforesaid, fodethor srifh an attorney's commission of ---5%--- per cent. on said principal sum, besides cost of suit, without stay of at exemption from execution or other process, with a lull release of errors; any law, rule of court, of usage to the contrary notwithstanding. In MUnrao 3D 11rreol. the said part y of the first part he a to these presents set him hand and seat , the dny and year fire! above written. bigntb ocalro ants trlibrrrt In Ot prtornet of kMAL .._.._°`.Een Hrbaem8n-...«_( WFW hereby cattily, that the precise address of fhbfgAges!<e?tn • ' hsraJ,U is re follows? 0 G 3 9 !(J,cG(?:y,,,,a .dc.ar.c.. 7.1 Atnant er Asses lar Nartpyss "rertltirate of 101hat N 11 6ooK bUU once 5U3 STATE OF PENNSYLVANIA, SS. COUNTY OF CUMBERLAND Robert P Ziegler h -----------------------------------------------------------------------------_ Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ---------------- R Wayne Miller JR E Donnald Miller & Suzanne M Keener _uthegrantee ------°°---- ------- - -------------------------------------------------------- 7th the same having been sold to said grantee on the ----------------------------------------------- day of -------------- June --------------------- A. D. 492000__., under and by virtue of a writ_________ ----- -- Execution --- -- -- ---° --_ issued on the -------------------------- 4th -------- ------------ day of --------February-------- A D x 2000 out of the Court of Comman Picas of said county as of -------------- Civil --------- -------------------------------------------------- Tenn, 19------- Number _______6704 ?at the suit of __R_Wayne Miller Jr E Donald Miller_¢_?Suz$gp?11_j(&.tjer ---- --------- ------ Ben L ----------°-°--------------------against------ Brenneman ------------------ duly recorded in Sheriffs Deed Book No------- 234 __, page 90-- is IN TFSTIhIONY WHEREOF, I have hereunto __?(_ d _ -tray set my hand and seal of said office this of -NeJ ------ A. D., tg __?!ll/a7 '--no-5? ---- ------------- Recorder of Deeds R. Wayne Miller, Jr., E. Donald Miller In the Court of Common Pleas of And Suzanne M. Keener Cumberland County, Pennsylvania -vs- No. 99-6304 Civil Ben L. Brencman Brian M. Barr ick. Deputy Sheriff who being duly swom according to law, says on April 5, 2000 at 10:08 o'clock A.M. EDST he posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action on the property of Ben L. Brencman located in Monroe Township, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for the within named defendant to wit: Ben L. Brencman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the above Real Estate Writ Notice Poster and Description according to law. Dauphin County Return: And now April 5, 2000 at 10:24 AM served the within Real Estate Writ Notice Poster & Desp. Upon Ben L. Brencman by personally handing to Den I true copy of the original Real Estate Writ, Notice Poster & Desp. And making known unto him the contents thereof at apt M-5 6150 Springford Drive, Harrisburg, PA. So answers: Stephen A. Weavodau. R. Thomas Kline, Sheriff who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant to wit: Ben L. Breneman by Certified Mail Return Receipt Requested, Restricted Delivery Deliver To Addressee Only to Apt M-5 6150 Springford Drive, Harrisburg, Pennsylvania. This letter was mailed under the date of March 28, 2000 and received by Ben L. Breneman on March 30, 2000 the return receipt card signed by Ben Breneman. R. Thomas Kline, Sheriff who being duly sworn according to law, says lie served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant to wit: Ben L. Brencman to Apt-M-5 6150 Springford Drive, Harrisburg, Pennsylvania. This letter was mailed under the date of April 6, 2000 and never returned to the Sheriff's Office. 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 above described premises at public venue or outcry at Court House, Carlisle Cumberland County, Pennsylvania on June 7, 2000 at 10:00 o'clock A.M. EDST and sold the same for the sum of $ 1.00 to R. Wayne Miller, Jr.. E. Donald Miller and Suzanne M. Keener. It being the highest bid and best price quoted for the same R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener of 137 Mountain Road, Lcwisberry, Pennsylvania being the buyers in this execution paid to R. Thomas Kline the sum of $ 971.48 it being costs. Sheriffs Costs: Docketing 30.00 Poundage 19.05 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Out of County Dauphin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me This /4-4. Day of k&" . ?.. 2000, A.D. Prothonotary 30.00 10.00 .50 1.00 5.58 7.92 15.00 20.00 9.00 29.25 381,65 306,23 24.80 25.00 25.50 $ 971.48 Pd By Atty 11/8/00 So answ R. Thomas Kline, Sheriff By u & "Real Estate Deputy ry Y 45 All 1°6) I w, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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, APRIL 28, MAY 5, 12, 2000 Afliant 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 arc true, RUAL Z8TATZ BALE NO.9 Writ No. 99.0304 Civil R. Wayne Miller. Jr., E. Donald Miller and Suzanne M. Keener vs, Den L. Drencmnn Ally.: Murrel Walters ALLTNAT CERTAIN tract of land situate in the Township of Monroe. County of Cumberland and Stale of Pennsylvania, more particularly I bounded and described according to o survey thereof made by Charles W. Junktns, Registered Surveyor, dated December 4, 1995, as follows: BEGINNING at a point marked by a railroad spike lit the center line of the public township road known as Sinclair [toad, at corner of lands now or formerly of Robert B. %Veber and wife; thence North 73 degrees 28 minutes 50 seconds East, 1809.08 feet to a point ur the line between the Townships or Monroe and Upper Al- len: thence extending along the line between the Township of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East. 1037,01 feet to a point In the public township road known as Stn- clalr Roar. aforesaid; Bence along and through said township road known as Sinclair Road, North 87 de- grees 02 nunutes 00 seconds West. 251.47 feel to a point marked by a railroad Spike in said road; thence along and through the same. North 77 degrees 02 minutes 00 seconds West. 338.18 feet to a point nuirkr d by a railroad spike; nonce along and through the same. North 07 degrees 02 minutes 00 seconds West. 11211.28 feet to a point narked by a radnl.al spike lit said road; thence etil1,10119 and through said Dubkr I'mil%hill Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this J2_dayof MAY. 2000 lolb E. SNYDEP, ?a IwY Publ;c CaBiA• sa,o. Cun.bonnn.l County, PA My Commaaon fX;Ar" rh:uh 5, 21171 - "11 1L11W41 IC yclluurcat for lne publication of all legal notices, and has, since January 2,x1952, been regularlyar 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, viz; APRIL 28, MAY 5, 12, 2000 Atliant 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 arc true. VEAL ESTATE 6Ar.E NO. 6 Writ No. 09.6304 Civil ' R. Wayne Miller, Jr.. E. Donald Miller and Suzanne M. Keener va. Ben L. Dreneman Airy.: Muriel Walters ALLTIIAT CERTAIN tract of land altu de In the Township of Monroe. County of Cumberland and State of Pennsylvania, more particularly bounded and described according to a survey thereof made by Charles W. Junkins, Registered Surveyor, dated December 4, 1995, as follows: i i i i 1 I t 1 t BEGINNING at a point marked by a railroad spike to the center line of the public township road known as Sinclair Road, at corner of lands now or formerly of Robert B. Weber and wife; thence North 73 degrees 26 minutes 50 seconds East. 1609.08 feet to a point in the line between the Townships of Monroe and Upper Al- len; thence extending along the line between the TownshlpofMonmeand ; the Township of Upper Alien, South 02 degrees 34 minutes 59 seconds East, 1037.01 feet to a point in the public township road known as Sin- clair Road, aforesaid; thence along and through said township road known as Sinclair Road. North 87 de- grees 02 minutes 00 seconds West. 251.47 feet to a point marked by a railroad Spike in said road; thence ' along and through the same, North 77 degrees 02 minutes 00 seconds West. 338.16 feet to a point marked by a railroad spike; thence along and through the same, North 67 degrees 02 minutes 00 seconds West, 926.28 feet to a point marked by a railroad spike in said road; thence suit along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in the center line of said road, at corner of lands now or formerly, of Robert B. Weber and wife, aforesaid, the point and place of BEGINNING. CONTAINING 21.82 acres. BEING part of the same premises which R. Wayne Miller, Jr., E. Donald Muter, Suzanne M. Keener. el al., by their Deed dated the 30th day of De- cember 1085 and recorded in Cum- berland County Deed Book 31-R. Page 20. granted and conveyed unto Ben G Brcneman. ALSO BEING the same premises referenced in the mortgage between Bent. Breneman and It Wayne Miler, Jr., E. Donald Miller and Suzanne M. Keener dated December 31, 1985 and recorded in Cumberland County Mortgage Book 800, Page 50 1. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 12 day of MAY- 2000 1016 E. SNYDER, Notnry Public Carus tbro, Cumberland County, PA Mr Cornmissim Expires March 5, 7001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under net No. 587. Booroued Mau 16.1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow being duly sworn according to law, deposes and says: Thal he is the Assistant Controller 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 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 wore established March 41h, 1854, and September 18th, 1949, respectively, and all have boon continuously published ever since; That the printed notice or publication which Is securely attached hereto Is exactly as printed and published In their regular dally and/or Sunday and Metro oditions/issuos which appeared on the 2nd, 9th and 16th day(s) of May 2000. That neither he nor said Company Is Interested In the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds In and for said County 1 ouphin n Miscellaneous Book "M", Volume 14, Pago 317. P 1 _ f _,,, , PUBLICATION COPY S A L E B e FIRU M .a r iworn to ej]jj eubacdl,nd nnf?.d t s 2nd day o June 0 A.D. Notarial seal -v Terry L. nussea, Notary Pubua llamsburg, D8-13 County My Cor"ssion Ergras June a, 20J2 NO RY PUBLIC Mentor, Pennsytvabia Assocnallon ur NufldysCommIssion expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Ilandam,,t Statement of Advertising Costs county of To THE PATRIOT-NEWS CO., Dr. lvanla, ino e debeej For publishing the notice or publication attached If d 6n&by hereto on the above stated dates $ 304.73 x,z l Probating some Notary Foe(s) $ 1.50 utfud Ra Total $ 306.23 41r Raid, at ROb`"„m isher's Receipt for Advertising Cost a! keel to a foxnahlpa of Thor of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, nowspupors of general ceealrndM6- receipt of the aforesaid notice and publication costs and certifies that the same have T0_"°:hFIt. THE PATRIOT-NEWS CO. By .................... ndn mninaf wbb ?Nfeo+a ''Skein Itt4 o a ppnn?Irat SPike lnuiJmad: Ihen« along and through Ihv same, North , , @ mfnWfs W wrondr l1'i+l 33416 1 to a Point marled In, a radroaJ I them ag and Through the wee, timth n, degrees e g Milo ler Oa xtond+ tlisl 4262+ feel to a potal tnaltd Ief At 11r, d •pile in t mid _M444 . trace still along and lhtough 00 ublic luwn+hlproW m'ac Si Us11i+L bq a'raRro+d . d sad Itud,'at mraer I y' "aifrb _ _G,CO?'fAl`:L_G21D2ir,.•?%hkh I Count'' U.•vd IM.?t JI•IL 1'tg•' -n, comr,,A unto ecn 1- nnncman. RLISG the umc Prrmi•c. In the mnllgaF•' h,iv`? Ilnnald ? d5uttanrw NJ. Menvr Jatnt Jt. 11,15 and recurdcd in J count% %lolloge i3al1-00. Pa$t t I? R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs VS. Ben L. Breneman BEN L. BRENEMAN, NO. 1999.6304 CIVIL TERM Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs in the above action, set forth as of (lie date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located in Monroe Township, Cumberland County, Pennsylvania containing 21.82 acres of unimproved land, per the attached legal description. Name and address of owner: 2. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Apt. M-5, 6150 Springford Drive Harrisburg, PA 17111 Name and address of defendant in thejudgment: Ben L. Breneman Apt. M-5, 6150 Springford Drive Harrisburg, PA 17111 3. Name and address of every judgment creditor whose judgment is a record lien on the real estate to be sold: R. Wayne Miller, Jr. E. Donald Miller Suzanne M. Keener 137 Mountain Road Lewisberry PA 17339 17 Longwood Drive Mechanicsburg, PA 17055 675 Williams Grove Road Mechanicsburg, PA 17055 i 4. Name and address of the last recorded holder of every mortgage of record: R. Wayne Miller, Jr. 137 Mountain Road Lewisberry PA 17339 E. Donald Miller Suzanne M. Keener 17 Longwood Drive Mechanicsburg, PA 17055 675 Williams Grove Road Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: 11= 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: n= 7. Name and address of every other person of whom the plaintiffs have knowledge who has any interest in the property which may be affected by the sale: n= 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. § 4904 relating to unsworn falsification to authorities. Date R. WAE MILLER, JR. L7 / i ? ?)?7 Date L / t7q 4i !/ Date E. DONALD MILLER 7 SUZ71.1 NE M. KEENER ALL THAT CERTAIN tract of land situate in the 'T'ownship of Monroe, county of Cumberland and State of Pennsylvania, more particularly bounded and described according to a survey thereof made by Charles W. Junkins, Registered Surveyor, dated December 4, 1985, as follows: BEGINNING at a point marked by a railroad spike in the center line of the public township road known as Sinclair Road, at corner of lands now or formerly of Robert B. Weber and wife; thence North 73 degrees 26 minutes 50 seconds East, 1609.08 feet to a point in the line between the Townships of Monroe and Upper Allen; thence extending along the line between the Township of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East, 1037.01 feet to a point in the public township road known as Sinclair Road, aforesaid; thence along and through said township road known as Sinclair Road, North 87 degrees 02 minutes 00 seconds West, 251.47 feet to a point marked by a railroad Spike in said road; thence along and through the same, North 77 degrees 02 minutes 00 seconds West, 338.16 feet to a point marked by a railroad spike; thence along and through the same, North 67 degrees 02 minutes 00 seconds West, 926.28 feet to a point marked by a railroad spike in said road; thence still along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in the center line of said road, at corner of lands now or formerly of Robert R. Weber and wife, aforesaid, life point and place of BEGINNING. CONTAINING 21.82 acres. BEING part of the same premises which It. Wayne Miller, Jr., E. Donald Miller, Suzanne M. Keener, et al, by their Deed dated the 30" day of December 1985 and recorded in Cumberland County Deed Book 31-R, Page 20, granted and conveyed unto Ben L. Breneman. ALSO BEING the same premises referenced in the mortgage between Ben L. Breneman and R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener dated December 31, 1985 and recorded in Cumberland County Mortgage Book 800, Page 501. 1. R. WAYNE MILLER, JR., E. DONALD MILLER, and SUZANNE M. KEENER, Plaintiffs VS. BEN L. BRENEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NO. 1999-6304 CIVILTERM NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 7, 2000 TIME: 10:00 a.m. LOCATION: Sheriff's Office Cumberland County Courthouse South Hanover Street 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 DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land situate in Monroe rl' Township, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener vs. Ben L. Breneman, No. 1999-6304 Civil Term, for $162,000.00 plus s S4 interest and costs until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Ben L. Breneman, Apt. M-5, 6150 Springford Drive, Harrisburg, PA 17111. A SCHEDULE. OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 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. IT IIAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 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. ... -. ,-. .-> ?. ..-.....? c,a,.. ...+.??./?I HMV... 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. if a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: 41 24 ?Z ???, Attorney for Plaintiffs Supreme Court ID #24849 54 East Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 ., ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to a survey thereof made by Charles W. Jenkins, Registered Surveyor, dated December 4, 1985, as follows: BEGINNING at a point marked by a railroad spike in the center line of the public township road known as Sinclair Road, at comer of lands now or formerly of Robert B. Weber and wife; thence North 73 degrees 26 minutes 50 seconds East, 1609.08 feet to a point in the line between the Townships of Monroe and Upper Allen; thence extending along the line between the Township of Monroe and the Township of Upper Allen, South 02 degrees 34 minutes 59 seconds East, 1037.01 feet to a point in the public township road known as Sinclair Road, aforesaid; thence along and through said township road known as Sinclair Road, North 87 degrees 02 minutes 00 seconds West, 251.47 feet to a point marked by a railroad Spike in said road; thence along and through the same, North 77 degrees 02 minutes 00 seconds West, 338.16 feet to a point marked by a railroad spike; thence along and through the same, North 67 degrees 02 minutes 00 seconds West, 926.28 feet to a point marked by a railroad spike in said road; thence still along and through said public township road known as Sinclair Road, North 42 degrees 39 minutes 30 seconds West, 157.72 feet to a point marked by a railroad spike in the center line of said road, at corner of lands now or formerly of Robert B. Weber and wife, aforesaid, the point and place of BEGINNING. CONTAINING 21.82 acres. BEING part of the same premises which R. Wayne Miller, Jr., E. Donald Miller, Suzanne M. December 1985 and B recorded n in Cumberland Keener, et al, by their Deed dated the 0" day County Deed Book 31-R, Page 20, granted conveyed unto ALSO BEING the same premises referenced in the mortgage between Ben L. Breneman and R. Wayne Miller, Jr., E. Donald Miller and Suzanne M. Keener dated December 31, 1985 and recorded in Cumberland County Mortgage Book 800, Page 501. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6304 CIVIL W Term COUNTY OF CUMBERLAND) CIVIL ACTION • LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due R. Wayne Miller, Jr., E. Donald Miller, and Suzanne M. Keener PLAINTIFF(S) from Ben L. Brenernan, Apt. M-5, 6150 Springford Drive, Harrisburg, PA 17111 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) asfollows: and to notify the garnishee(s) that: (a) an attachment has been Issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) It properlyof the delandant(s) not levied upon an subject to attachment Is found Inthe possession olanyoneother than a namedgarnishoe, you are directed to notify hirn/horthat he/she has been added as agarnishee and is enjoined as above stated. Amount Due $228,150.00 LL $.50 Interest Due Prothy. Sim Any's Comm % Other Costs Ally Paid $152.00 Plainlifl Paid Date: February 4, 2000 Curtis R. Lon Prothonotary, Civil Division Deputy REQUESTING PARTY: Name Mrrra n_ Wal p a,_=II,-Esq, Address: 54 Fitt Main Rt-rppt =3 _Mprhanirahurg, PA 17n55 _ Attorney IOC Plainti ffs _ Telephone: 717- 9.7-eA5n Supreme Court ID No. 24849 _ REAL ESTATE SALE No ? on Fc AP"'° the sheriff levied upon the defendants Interest in the real property situated in Cumberland County, Pa., known and numbered as: and more fully described on Exhibit "A" filed with this writ and by this reference Incorporated herein. Date: avr-o BY _ 7; 'el cr h r, 03] O C:m c? h. ?t ? R. WAYNE MILLER, JR., E. DONALD MILLER and SUZANNE M. KEENR, Plaintiffs V. BEN L. BRENEMAN, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999.6304 PRAECIPE TO SATISFY Please mark the judgment in the above Dated: September 7, 2005 Murrel R. Walters, III, Esq. Attorney for Defendant 64 East Main Street Mechanicsburg, PA 17055 (717)697.4650 4 r, ac ,s 'ja °" ? ,,> .? uJ y 1 ??}i {? c v N :, ?'5 y:?? - i; - :,