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HomeMy WebLinkAbout07-4229PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 isslol WILMINGTON FINANCE, INC. 401 PLYMOUTH ROAD SUITE 400 PLYMOUTH MEETING, PA 19462 Plaintiff v. JEFFREY A. BRANDY 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~~' ' ~~•ZQ e,~:C`r~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 158101 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 this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 158101 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 158101 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 158101 1. Plaintiff is WILMINGTON FINANCE, INC. 401 PLYMOUTH ROAD SUITE 400 PLYMOUTH MEETING, PA 19462 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY A. BRANDY 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/02/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR WILMINGTON FINANCE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1976, Page: 2596. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due O 1 /01 /2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 158101 6 The following amounts are due on the mortgage: Principal Balance $175,500.00 Interest $10,185.92 12/01/2006 through 07/17/2007 (Per Diem $44.48) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 11/02/2006 to 07/17/2007 Cost of Suit and Title Search 750.00 Subtotal $187,685.92 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $187,685.92 7 If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 158101 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $187,685.92, together with interest from 07/17/2007 at the rate of $44.48 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PH/E~LAN HALLINAN &SCHMIEG, LLP T ~- By: /s~~,~ S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 158101 LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Being the same premises Dale A. Brandt and Jean A. Brandt, husband and wife, by Deed dated July 28, 1986 and recorded July 28, 1986 in the Office of the Recorder of Deeds in and for Cumberland County in Book 32 Page 345, granted and conveyed unto Jeffrey A. Brandt and Gail Christine Brandt, husband and wife, in fee. File #: 158101 Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty- six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths(192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; File #: 158101 thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty- four (54) degrees forty-one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan. BEING part of tract A on deed from Samuel L. Brandt and Amy K. Brandt, dated January 6, 1950, and recorded in Cumberland County Deed Book'H', Volume 14, Page 71, to Samuel L. Brandt and Amy K. Brandt, husband and wife, Samuel L. Brandt died on Apri127, 1980, thereby vesting the entire fee ownership in Amy K. Brandt, his widow, the grantor herein. UNDER AND SUBJECT to public road right-of--way, dedicated right-of--way line, and other notations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. File #: 158101 Being the same premises Amy K. Brandt, widow, by Deed dated August 1, 1995 and recorded August 8, 1995 in the Office of the Recorder in and for Cumberland County in Book 126 Page 447 granted and conveyed unto Jeffrey A. Brandt and Gail Christine Brandt, husband and wife, in fee. Being Parcel # 44-OS-0409-045. PROPERTY BEING: 1000 MOUNTAIN ROAD File #: 158101 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 1 ~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ~~/ ~ ~ '~ ,,O ~ ~' fO. V "'~ \~ ~--~ r..~ c.~ v __ r Z R7 r -' :~ ~ r - ? t. .~ - :~~ _ _"' ;G ~:J •~ 0 SHERIFF'S RETURN - REGULAR CASE N0: 2007-04229 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILMINGTON FINANCE INC VS BRANDY JEFFREY A VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BRANDY JEFFREY A DEFENDANT the at 1603:00 HOURS, on the 27th day of July 2007 at 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 JEFFREY A BRANDY was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 .00 ~~iyJay ~`" ~/ 43.36 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/30/2007 PHELAN HALLINAN SCHMIEG By : ~ G~ Deputy S eriff of A.D. " PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215 56 -7000 WILMINGTON FINANCE, INC. 100(1 MOUNTAIN ROAD. NEWVILLE, PA 17241 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4229-CIVIL TERM JEFFREY A. BRANDY 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 Defendant(s). PRAECIPE FOR IN REM NDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JEF'FR~Y A. BRAN~'T snd ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $187,685.92 Interest from 07/18/07 to 09/13/07 $2,579.84 TOTAL $190,265.76 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) aze as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, .QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~°~ / 7, o20d7 _ r ~ o PRO PROTHY 158101 c/s Y~.-` .. . -~ ~ . ~ ~ ~ , t;~~--' -Cf ~~. ~ ~~ '•= . .~ . PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151563-7000 WILMINGTON FINANCE, INC. 1000 MOUNTAIN ROAD Plaintiff, v. JEFFREY A. BRANDY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4229-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEFFREY A. BRANDY is over 18 years of age and resides at , 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. SC ,ESQUIRE Attorney for Plaintiff N l~ G ~i C'Ct s ti ' '~ --y `~ '". ~ ~+ ~ c:. .. ~} r l (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WILMINGTON FINANCE, INC. 1000 MOUNTAIN ROAD v. Plaintiff, JEFFREY A. BRANDY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 07-4229-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on By: DEPU If you have any questions concerning this matter, please contact: DANIEL . SC G, SQUIRE Attorney for Plaintiff ONE FENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THiS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WILMINGTON FINANCE, INC. Plaintiff Vs. COURT OF COMMON PLEAS CML DMSION : CUMBERLAND COUNTY JEFFREY A. BRANDY Defendants TO: JEFFREY A. BRANDY 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 DATE OF NOTICE: AUGUST 17.2007 NO. 07-4229-CML ~OOp~? THIS F1RM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 . ~, CIS S. LINAN, ESQUIRE Attorneys for Plaintiff ~s t~~', ~ ~ .:,_ F s ~ c:~a _... ~- ~a ~ ~- ~ ~ ~ ~ ~. ~ ____ ~'- -no _~ ~~ ~ + PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WILMINGTON FINANCE, INC. Plaintiff, v. JEFFREY A. BRANDY No. 07-4229-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 09/13/07 to MARCH 5, 2008 (per diem -$31.28) Add'1 Costs TOTAL $190,265.76 / $5,442.72 and Costs $1,831.50 $197,539.98 `~ ~~ C D IEL G. SCHM ,ESQUIRE One Penn Center at S urban Station 161? John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 158101 N t~ d a W a d z o z oz d H w ~ w ~ ' a Z z ° W z W ~, G .~•~ ~ a ~ ~ ~O OW V ~ 4 . z ~ ~ w ~ ~z w ' ~ 3 ~ a 0 aA z w w~ d ~ ~ O V '~ a ~ V W rc ~ ~ d ~. x ~ o~ w H ~` v ~~ ~ ~~ ~ ~ 'g ,~ } ., -b ~ o.. .. ~.. ~ A ~ ~'' 3 M `-~ n M b„ 1 ~ ~' ~. sv ~.-- _ - .~ f`- ~ ~ ~ , ~~, ~ b ~ ~.;~ ~ c~, v~ t _.~ _ v `~ s - . i tlr ~ ~,rj ~ ~ ~ r 7 LA d r~ ~f `~ LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths (192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26} minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44} feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other notations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine Brandt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. PREMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 Being Parcel # 44-05-0409-G45 _~ ~,,.. ~ ~ 1 ~'~ L I ~,~~ L~~Z WILMINGTON FINANCE, INC. • . Plaintiff, v. , JEFFREY A. BRANDY . Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4229-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WILMINGTON FINANCE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY A. BRANDY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: . Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GAIL C. BRANDY 26 WEST HIGH STREET C/O CAROL J. LINDSAY, ESQ. CARLISLE, PA 17013-2956 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13T" Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. September 14, 2007 _~~`~'+~--~ DATE DANIEL G. 5CH G, ESQUIRE Attorney for Plaintiff ~_ -~ c~ ~ ~~, ~~ ~~~ ~ ~ ~ . ' : ~_ ~. ....,.5 { ~i_~i -- ~ f~ ' ~ -~ ` PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WILMINGTON FINANCE, INC. Plaintiff, v. . JEFFREY A. BRANDY . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4229-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. %, ~. DANIEL . SCHMI ,ESQUIRE Attorney for Plaintif t ) ` °- v _~ _~. , ~~ , = cn - , ,~ - 4r r ri'7 : ~ y . ~ ~ - , { -?7 : - - . -(, ~ ~ Y "_ z :~:, .~ `'~ :~ G : --C WILMINGTON FINANCE, INC. Plaintiff, v. JEFFREY A. BRANDY Defendant(s). CUMBERLAND COUNTY . No. 07-4229-CIVIL TERM September 13, 2007 TO: JEFFREY A. BRANDY 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at ,1000 MOUNTAIN ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $190,265.76 obtained by WILMINGTON FINANCE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Saie is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 within 30 days of the sale. 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 the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 f LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths (192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other notations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine Brandt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. PREMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 Being Parcel # 44-05-0409-095 n ^a _._x ~ -- .__, -r ~ l~r• C/? vj " ' _~' +,.1 _ 'y ~ 1,~ ~ ~ ~ _ _ e --• y l ; .. ~ -f '~ C"~ '~ ~ ~ --G WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-4220 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WILMINGTON FINANCE INC Plaintiff (s) From JEFFREY A BRANDY (I) 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) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$190,265.76 L.L. $.50 Interest FROM 09/13/07 TO MARCH 5, 2008 (PER DIEM - $31.28) - $5,442.72 AND COSTS Atty's Comm Atty Paid $162.36 Plaintiff Paid Date: SEPTEMBER 17, 2007 Due Prothy $2.00 Other Costs$1,831.50 S ~ L~itlf.G~GA. zrtis R. Long, Prothonotary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE By: Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION NO.: 07-4229 Plaintiff, v. : JEFFREY A. BRANDY, Defendant. PRAECIPE TO WITHDRAW/ENTER APPEARANCE To the Prothonotary: Please withdraw the appearance of the undersigned on behalf of Plaintiff in the above- captioned matter. Respectfully Submitted: PHELAN, HALLINAN AND SCHMIEG, LLP BY: Francis . Hallinan, Esquire 1617 JFK Blvd, Suite 1400 Philadelphia, PA 19103 Please enter the appearance of Scott A. Dietterick, Esquire of James, Smith, Dietterick & Connelly LLP on behalf of the Plaintiff and/or its assigns, in the above-captioned action. Respectfully Submitted: Dated: 4 V ~ `~ , JAMES, SMIT IETT~ICK & CONNELLY L ~ / /t By: Scott,~+: H~i~ clef Attorney I:D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 C? ~ p ~ ~ , '" i~i~ z ~ =~ G 1 --a " "'g7 r~ ~~ ... ~ ~ I r i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. ISSUE NO.: JEFFREY A. BRANDY, TYPE OF PLEADING: Defendant. Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Wilmington Finance, Inc., Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, vs. JEFFREY A. BRANDY, Defendant. NO.: 07-4229 Pa.R.C.P. RULE 3I29.2(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Wilmington Finance, Inc., Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiff s Notice of Sheriff s Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Jeffrey A. Brandt, is the record owner of the real property. 2. On or about December 14, 2007, Defendant, Jeffrey A. Brandt, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 1000 Mountain Road, Newville, Pennsylvania 17241. A true and correct copy of said Notice is marked Exhibit "A", attached hereto and made a part hereof. 3. On or about October 29, 2007, Plaintiff s counsel served all other parties in interest with Plaintiff's Notice of Sheriff s Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via .First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendant/Owner and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. Dated: ~~ ~ o -~Syw~orn to and subscribed before me this r1 ~ day of I ~~`~CPi'-~- , 2008. Notary Public MY COMMISSION EXPIRES: COMMONWEALYH OF PENNSYLVANIA -NOTARIAL SEA , MICFIELLE ELLI07T NOTARY PUBLIC DERRY TOVI~ISHIP DAUPHIN COUNTY t±0AA~11SS10N EX ES JUNE 9 2011 JAMES, SIV~TI~ DIET~'ERICK & CONNELLY LLP BY: Scott A. i tten t, ire Pa. I.D. # 650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 EXHIBIT "A" WILMINGTON FINANCE, INC. Plaintiff, v. JEFFREY A. BRANDY Defendant(s). CUMBERLAND COUNTY No. 07-4229-CIVIL TERM September 13, 2007 TO: JEFFREY A. BRANDY 1000 MOUNTAIN ROAD NEVW'ILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YDU HAVE PREVIDUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NDT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at ,1040 MOUNTAIN ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $190,265.76 obtained by WILMINGTON FINANCE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition. asking the Court to strike or open the judgment, if the 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 on page two on haw to obtain an attorney.) YQU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215,563-7000. 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 within 30 days of the sale. 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 the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 400? (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00) minutes zero (00} seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths (192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51} minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (41) minutes sixteen (16} seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.396 acres, in accordance with the above referred to subdivision plan. 7NDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other rotations as shown on the above referred to subdivision plan, ,LSO UNDER AND SUBJECT to any easements visible or of record affecting the property. (TLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine randt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. ;EMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 44-OS-0409-045 EXHIBIT "B" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE~+OSTMASTER Recawed From: NO POSTAGE NECESSARY POSTAGE PREPAID BY AN ~ , 1 I 3, d :7 I ERICK _ nn F(ZX ~`~9 o - HERSHEY, PENYSY1vANIA 17033-0650 One pie ordinary ail ed Wssetl to: / ~ PS Form,3S77, January 2001 ' ~1 f~ ~ (^hY U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: NO POSTAL=E NECESSARY POSTAGE PREPAID BY JAMES, SMI"I'H, I)IT'PlliItTCK & CONNELC 'LTTit7K'fiStT rNNSYi:vA. 170 -0650 e piece of ortll maa s YJ hORt1307/, JanUery LWI •,~~~ Hasler (n ~ ~ O a ~ `CI T tJ ~ S ..,I ,a. p /~~ C ~ I Q W HaSder ~/ Q ~ fD..-.A -1 ~ O ~ y m~ vl(~7 a U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Renewed Fmm: NO POSTAGE NECESSARY POSTAGE PREPAID BY 4FPII~ EO. [iOX 650 HERSHEY, PENN,;YIVANIA 71- 5~ ne piece a ordinary mdl add m C _ I T ~ iSu-^ oN o ~-& r3 roan s6T f, January eWT 'olyl ~ l h1~ v 'r' f ~" . .. . Hr~ls~lerr ~~ ~ O cn~Q-~ ~ co .•~ rn Y O ~ y '~ O ~ O ca ° ~ l o m ~n ~' u.s. PoSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL M1WIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: NO POSTAGE, NECESSARY POSTAGE PREPAID BY AMES, MITH, tiiT["ERICK ~ Pn ROK k~U HERSHEY. GNNSYLVnNIp 17033.0650 One e e of ordinary mad add eased n, V rs ronn 38T f ,January ~wT ~ n n ~, c-~~ .r ~.~ r •t ~. .~`CL Haslk'r _. c~ ~.~ ,~ "~ Tf fJ L N ~ J p ~ J m C) C I ~ Lai U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE~OSTMASTER Received Fmm: NO POS1"AC,E NECESSARY POSTAGE PREPAID BY JAMES, SMITH, IaINB'I'ER[CK & CONNECT - . ~ ` EY.I'riuNSYI,VANIA 17033-0650 place or ordinary men ~ n ~. ` ~ !05 Y, Form x r r , January ew r /~ yT a~ a r` ~T- U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAII„ DOES NOT PROVIDE FORINSURANCE-POSTMASTER Received Fmm: NO POSTAGF. NECESSARY POSTAL=F. PREPAID BY 'IT~fltF'rt~tttex-8r-6eI~ ' X6u HERSHEY, PENNSYLVANIA 17033 /bne dace a ordmely m~l addressed eo: , /„ January ~f 1! Hasler fJ ~ ~ O p ~ si N N o ~ ~ ^^~ ~ Cn ~j r) v r~ v 4 ~ O m ~ r lc~ . r ,: r:.... . . Hasiler ~~ o o ~ rn m pj N Q ~ cn ...~. ,~, ~-cnl .~oQ a T1y.; O ~.~ p W V I ~ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. JEFFREY A. BRANDY, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P 3129(b) TO: Gail C. Brandt 116 Flintstone Drive Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 5, 2008 at 10:00 a.m., the following described real estate which Jeffrey A. Brandt is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 1000 Mountain Road Newville, Pennsylvania 17241 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of WILMINGTON FINANCE, INC., Plaintiff, vs. JEFFREY A. BRANDY, Defendant. at EX. NO. 07-4229 in the amount of $190,265.76, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, S I. I3, DIETTERICK & CONNEL Y ~LP ~~ _. Dated: 1(~ 0 ~ ~ By; ~ ~f Scott A. iet e'rick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed 'premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been agproved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road}; thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00} minutes zero {00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths (192.95) feet to an existing railroad spike at corner of Lot 7; thence. along line of Lot 7, North sixty-eight (68) degrees fifty-one (51} minutes twenty-one (Z1) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.94) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- ane {41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91)• feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other notations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. ITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine randt, husband and wife, dated 11/0212006, recorded 12/1$/2006, in Deed Book 278, page 92. tEMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 44-05-0409-045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. JEFFREY A. BRANDY, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Tenant/Occupant 1000 Mountain Road Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 5, 2008 at 10:00 a.m., the following described real estate which Jeffrey A. Brandt is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 1000 Mountain Road Newville, Pennsylvania 17241 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of WILMINGTON FINANCE, INC., Plaintiff, vs. JEFFREY A. BRANDY, Defendant. at EX. NO. 07-4229 in the amount of $190,265.76, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regazd to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIFi'F~ERICK & Dated: 1 ~, ~ i a~ By: V Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED qn the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving. therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed `premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has. been approved'by the appropriate municipal authorities as and-for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 400? (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00) minutes zero {00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths(192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26) minutes thirty {30),seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (56) degrees thirty-two i32) minutes eight (08) seconds East, .fifteen and ninety-one hundredths (15.91)• feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan.. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other potations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. `ITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gai{ Christine randt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. tEMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 99-0'S-0409-045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. JEFFREY A. BRANDY, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on Mazch 5, 2008 at 10:00 a.m., the following described real estate which Jeffrey A. Brandt is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of 1000 Mountain Road Newville, Pennsylvania 17241 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of WILMINGTON FINANCE, INC., Plaintiff, vs. JEFFREY A. BRANDY, Defendant. at EX. NO. 07-4229 in the amount of $190,265.76, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. TTERICK & Dated: ~ ~ (,~^1 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PA ID #55650 Attorney for Plaintiff LEGAL DESCRIPTION Tract I ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands. of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed `premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision .for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and far a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain .Road, North fifty-six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.34} feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths (192.95} feet to an existing railroad spike at corner of Lot 7; thence, along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54} degrees forty- one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.396 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other notations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. ITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine randt, husband and wife, dated 11/02/2006, recorded 12/18!2006, in Deed Book 278, page 92. tEMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 44-05-0409-045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. JEFFREY A. BRANDY, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 5, 2008 at 10:00 a.m., the following described real estate which Jeffrey A. Brandt is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of 1000 Mountain Road Newville, Pennsylvania 17241 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of WILMINGTON FINANCE, INC., Plaintiff, vs. JEFFREY A. BRANDY, Defendant. at EX. NO. 07-4229 in the amount. of $190,265.76, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: ~ ~ ~ a~I l ®~ By: PA ID #5650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JAMES, SMITH, DIETTERICK & LEGAL DESCRIPTION Tract l ALL that certain tract of• land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, cansisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED pn the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as fallows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed 'premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and-for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad-spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.39) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths (192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, Narth thirty-seven (37) degrees twenty-six (26} minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed}; thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (91) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28} feet to an existing iron gin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91)• feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total-area of 0.396 acres, in accordance with the above referred to subdivision plan.. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other notations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. ITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine randt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. ;EMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 44-05-0909-095 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. JEFFREY A. BRANDY, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6~' Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 5, 2008 at 10:00 a.m., the following described real estate which Jeffrey A. Brandt is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 1000 Mountain Road Newville, Pennsylvania 17241 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of WILMINGTON FINANCE, INC., Plaintiff, vs. JEFFREY A. BRANDY, Defendant. at EX. N0.07-4229 in the amount of $190,265.76, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff s Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DI CK & CONNEI~.Y LLP _ Dated: ~ ~ By: Scott A. ietterick, PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed premises for the purpose of installing, maintafining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain .Road, North fifty-six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of 3oseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths(192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (56) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.9.1)• feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other notations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. 'JTLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine randt, husband and wife, dated 11/02/2006, recorded 12118/2006, in Deed Book 278, page 92. :EMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 49-05-0409-095 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. JEFFREY A. BRANDY, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Internal Revenue Service Federated Investors Tower 13`~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street .Carlisle, Pennsylvania 17013 on March 5, 2008 at 10:00 a.m., the following described real estate which Jeffrey A. Brandt is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 1000 Mountain Road Newville, Pennsylvania 17241 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of WILMINGTON FINANCE, INC., Plaintiff, vs. JEFFREY A. BRANDY, Defendant. at EX. NO. 07-4229 in the amount of $190,265.76, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, MITH, DI RICK & CONNE L,~ LLP /~~ Dated: ~ O ~ a ~' ~ By: Sco iett '~ck, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed 'premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and. which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00} minutes zero (00) .seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00} seconds East, one hundred ninety-two and forty-five hundredths(192.95) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21} seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, Narth thirty-seven (37) degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight. hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds-East, fifteen and ninety-one hundredths (15.91)• feet to an existing railroad spike, the point- and place of BEGINNING. CONTAINING a total-area of 0.346 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other Zotations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the .property.. ITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine randt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. :EMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 99-05-0409-045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. JEFFREY A. BRANDY, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Public Welfaze TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 5, 2008 at 10:00 a.m., the following described real estate which Jeffrey A. Brandt is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 1000 Mountain Road Newville, Pennsylvania 17241 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of WILMINGTON FINANCE, INC., Plaintiff, vs. JEFFREY A. BRANDY, Defendant. at EX. NO. 07-4229 in the amount of $190,265.76, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLY LLP Dated: ~ ~ ~~Cl, ~ By: Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Y ~ ~ I LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED pn the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 2107.1. Excepting and Reserving unto Bale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed 'premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph. L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths(192.95) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26} minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91)• feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other rotations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. ITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine randt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. ;EMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 99-05-0409-095 t'~ "' (_ ~ r..:..7 : p ~ C 7 F ~.""~ TT ~ J ~) .,. ~., __ _ _.~7 =~M ~ ~~ _~ /-•yy W COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which JASPER PROPERTIES INC is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 17TH day of SEPT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4229, at the suit of WILIMINGTON FINANCE 1NC against JEFFREY A BRANDY is duly recorded as Instrument Number 200808333. IN TESTIMONY WHEREOF, I have hereunto set my hand _... and seal of said office this ~~ ~ day of ~~ , A.D. of Deeds Rrt~L{ilGi CF "~~~ ;~ c'~:a°;:;;,i,~~;,y i~sat+~ri;, Cam, F'A ia~~,',,~.rr;rsricx~c~ ~,:, ~-r ~:;'~~cr-c°,,~ Jsn.27i~ c^ Wilmington Finance Inc. VS Jeffrey A. Brandt In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-4229 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2007 at 1415 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey A. Brandt, by making known unto Jeffrey Brandt, personally, at 1000 Mountain Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 15, 2008 at 1002 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey A. Brandt located at 1000 Mountain Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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: Jeffrey A. Brandt by regular mail to his last known address of 1000 Mountain Road, Newville, PA 17241. This letter was mailed under the date of January 8, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March O5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott Dietterick, on behalf of Jasper Properties, Inc. It being the highest bid and best price received for the same, Jasper Properties, Inc. of 11350 McCormick Road, Suite 200, Hunt Valley, MD 21031, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,778.32. Sheriffs Costs: Docketing $30.00 Poundage 34.87 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 32.64 Levy 15.00 Surcharge 30.00 Law Journal 667.64 Patriot News 797.00 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,778.32 / Aso. sa ~ ~.~ ~zg~ ~-,~U67'8l So Answers: ~ ~~ ii~~%~ R. Thomas Kline, Sheriff BY ~J~ ~ ~ ~1~ Real Estate rgeant ~ WILMINGTON FINANCE, INC. Plaintiff, v. JEFFREY A. BRANDY . OCT 012001 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO.07-4229-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WILMINGTON FINANCE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY A. BRANDY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None S. Name and address of every other person who has any record lien on the property: w • Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GAIL C. BRANDY 26 WEST HIGH STREET CIO CAROL J. LINDSAY, ESQ. CARLISLE, PA 17013-2956 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13T`' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. September 14, 2007 ~, DATE DANIEL G. SCH G, ESQUIRE Attorney for Plaintiff WILMINGTON FINANCE, INC. Plaintiff, v. JEFFREY A. BRANDY Defendant(s). CUMBERLAND COUNTY No. 07-4229-CIVIL TERM September 13, 2007 TO: JEFFREY A. BRANDY 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate} at ,1000 MOUNTAIN ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $190.265.76 obtained by WILMINGTON FINANCE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late chazges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the 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. r 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 maybe 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 within 30 days of the sale. 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 the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. !t may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (71?) 249-3166 (800) 940-9108 LEGAL DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, consisting of approximately 13 acres more or less, and bounded and described as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on th East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Reserving unto Dale R. Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving therefrom, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and generally following the course of the stream traversing the within conveyed premises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled 'Land Subdivision for Amy K. Brandt' drawn by Carl D. Bart, Professional Land Surveyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more particularly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing railroad spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or formerly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrcc:, thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty-five hundredths(192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37) degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common corner of Lot 7 (land now or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed); thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South fifty-four (54) degrees forty- one (41) minutes sixteen (16) seconds West, five hundred ninety-six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) degrees thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one hundredths (15.91) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right-of-way line, and other notations as shown on the above referred to subdivision plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine Brandt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. PREMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17291 Being Parcel # 44-05-0409-045 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-422q Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WILMINGTON FINANCE INC Plaintiff (s) From JEFFREY A BRANDY (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) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$190,265.76 L.L.$.50 Interest FROM 09/13/07 TO MARCH 5, 2008 (PER DIEM - $31.28) - $5,442.72 AND COSTS Atty's Comm Atty Paid $162.36 Plaintiff Paid Date: SEPTEMBER 17, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Due Prothy $2.00 Other Costs$1,831.50 /s/ ~ ~. Curtis R. Long, Prothonotary Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ T~MII~iM~~, l ~W ~ iii'" ~'~° ~w ~~f~tSi~~ Pa :~ X0,;1 ~. ~~;"_ ~. .~ Real Estate Sale # 35 On November 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated ~n Upper Mifflin Township, Cumberland County, PA Known and numbered as 1000 Mountain Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 7, 2007 By: Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, 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, viz: January 25, February 1 and February 8, ?008 Affiant further deposes that he is authorized to vcri Cy this statement by the Cumberland Law Journal, a legal periodical of general circulation:, anti that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L sa Marie Coyne, ditor >'~,1'ORN TO :AND SUBSCRIBED before me this day ,, f Februar~2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE NO. 35 Writ No. 2007-4229 Civil Wilmington Finance, Inc. vs. Jeffrey A. Brandt Atty,: Scott Dietterick DESCRIPTION Tract 1 ALL that certain tract of land situate in Upper Miffiin Township, Cumberland County, Penns~+rvarua, consisting of approximately 13 acres more or less, and bounded and de- scribed as follows: BOUNDED on the West by lands of Derick; on the North by land of Robert F. Brandt; on the East by lands of Amy Brandt; and on the South by the public road designated as L. R. 21071. Excepting and Re- servingunto Dale R, Brandt and Jean A. Brandt, their heirs and assigns an easement over and along a portion of the within conveyed premises bound and specified as follows: Excepting and Reserving there- from, unto Dale R. Brandt and Jean A. Brandt; their heirs and assigns an easement having a width of twenty feet measured parallel to and gener- allyfollowingthe course of the stream traversing the within conveyed prem- ises for the purpose of installing, maintaining, repairing, replacing, and removing irrigation piping and other appertinances. Tract 2 ALL that certain lot addition situate in Upper Mifflin Township, Cumberland County, Pennsylvania, known and designated as Lot No. 6 on a certain plan entitled `Land Sub- division for Arny K, Brandt' drawn by Carl D. Bart, Professional Land Sur- veyor, dated January 22, 1992, and last revised July 5, 1995, which plan has been approved by the appropriate municipal authorities as and for a final subdivision plan, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70 Page 71, and which lot is more pazticulazly bounded and described in accordance with the above referred to plan as follows: BEGINNING at an existing caii road spike at corner of the within described lot addition and land now or formerly of Ronald L. Brandt (Lot 3 on former plan), which railroad spike is in Public Road designated. as S.R. 4007 (also known as L.R. 21073 and also known as Mountain Road); thence along land now or for- merly of Ronald L. Brandt and along Mountain Road, North fifty-six (56) degrees zero (00) minutes zero (00) seconds East, two hundred ninety and thirty-four hundredths (290.34) feet to an existing railroad spike at corner of land now or formerly of Joseph L. Walters; then containing along Mountain Road and line of land now or formerly of Joseph L. Walters, North fifty-seven (57) degrees thirty (30) minutes zero (00) seconds East, one hundred ninety-two and forty- five hundredths(192.45) feet to an existing railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight (68) degrees fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen hundredths (113.15) feet to a set railroad spike; thence continuing along line of Lot 7, North thirty-seven (37j degrees twenty-six (26) minutes thirty (30) seconds West, fifty-eight and forty-four hundredths (58.44) feet to an iron pin at common cor- ner of Lot 7 (land non= or formerly of Amy K. Brandt and land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt to which this lot addition is being conveyed}; thence along line of land now or formerly of Jeffrey A. Brandt and Gail Christine Brandt, South. fifty-four (54) degrees forty-one (41) minutes sixteen (16) seconds West, five hundred ninety- six and twenty-eight hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58j degrees thirty-two (32} minutes eight (08j seconds East, fifteen and ninety-one hundredths (15.91) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING a total area of 0.346 acres, in accordance with the above referred to subdivision plan. UNDER AND SUBJECT to public road right-of-way, dedicated right- of-way line, and other notations as shown on the above referred to sub- division plan. ALSO UNDER AND SUBJECT to any easements visible or of record affecting the property. TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Brandt, by Deed from Jeffrey A. Brandt and Gail Christine Brandt, husband and wife, dated 11/02/2006, recorded 12/18/2006, in Deed Book 278, page 92. PREMISES BEING # 1000 MOUN- TAIN ROAD, NEWVILLE, PA 17241. Being Parcel # 44-05-0409-045. The• Patriot-News Co. - ; 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That 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 were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06!08 02/13/08 A.D. COMMONWEALTF! OF F=ENNSYL~OANi:a Notarial .-ail`-.-~"°-____-~ $tl8rile L K1s~ef'. ~:~rary ~lab6iC k Cky Of Harr~sburq, ~.,~~ ~~hin County My Canxrwssior~ F`~~rw.- .rev. 2&, 2011 Member, Pennsylvania Acscciation of Notaries i~A41 ~i Ai.E N0. ~i 11MY!! li~~'~Itn MIR- Uws _ J~Blt~adt DMiierick Tract I AIL that izrtaio trail of land situate in llppa Mifflie lbwnship, . C7irnberland County, P~sYivamia.-i~mietsog of apptmttznately 13 acres mane or kaf; and biaaodcit and dexmbod as fo)imvs;' BOUI~ED an the West by lands ca` Dedck; ixi the 1Vixdt by_hmd of Robot F. Brandt; om the East by hmils of Amy &aadt; and ~ the South by the pi~tic road desigp~ad as L. R. 21071. 8 and Reai7ve~g iia4o Dale R Brandt and lean A. Braa~dt, their bras am a ao eases rngx aiud along a pixtian of the whin 1 ho®d and specified as and Rcmdvmg thereBrom, onto Dale R Braem and kao A. BrandC their heirs and assigns an easement having a width of.twenty fen 'taeaatiae~ P~ to- and gerrrally folk7'i~~te costae of the striaun travasiog the ~° ~ fa the porposc of '°sta>lutg,'°~o'ng, , Wig, and 8 piping and other Tract 2 ALL that certain lot aiktition sittiate.in Upper Mifflin 7bwnship, Cumtxrlaod qty ~sYl~, moan and designamd as Lot No. 6 on a eataip phm entitled 'Land Satidivision for Amy JC. Bnmm' drawn by Cali D. Bart, by ~ y 5, 1995 rr~ch plan as a and isf a wfitcJi piles is teiteeded ha the- Ofl~' m' the Reibrda of Dixds ie and fix G~imbaland ~ m Plea Beet 70 Pigs 71, ik~odm >>ed sail b aborsraio~f ~ ~ rw~_l,~ u carne in' gie wMti iMacr+~ad YR aidiYOa ~ }and now ac tirrgierl' of Jmaai! L. laedt (l.a 3 ~ finma ptao), which ia7road spike is in Public Road designated as S.R. 4007 (also known as L.It. 23073 amd ahw !mo-va as Mia~ain Raondk theritx doug t®d nn,r _er farmaly of Ritadd L, iBtaam and .along Moodpie 'RoHd, Ninth fifty-six (56) degrees zerq (00) mimrta zero (00) seeds East, two hifudied ninety and arty-fiatr hanikomhs (290.34) f~oet to ao exisdeg r>~ at coma of hail now or fiamaiy ~ Joseph L Ws~ters; then i ak4eg INc~tain Road and line of hmd now ix fixmaly;~ Joseph L. Wahas, I~cth fifty- (S7) ik~res thirty (30} mioates zero (00) seconds East, one handfed ninety-two and forty-five 192.45) fed to an exispog railroad spilrs at ixeaa c£Lot 7; tfitace linaof Lix 7, ~- ~tJ''~ (~) ftftyene (Sl) minrtes twenty~aoe (21) secumds Bast,. ore. hundmA and fiiloeahaed~hs (113.15) fed so a sU ralraad them ibatimm~g aping line of Lot 7, NorBt dtuty-se~^m (37) degtea tweffiy-sin (2b) minutes thirty (30) seiwnds Wat, fitly~igbt and to[tY-fora himihrikhs (58.44) feet to an iron pin at common coma of Lot 7 (lend naw ix formerly of Amy $. Btao~ and prod now' a fofmaiy of kffrey A: Brandt and Gal Ctirisane Branco fo which this bt aik~ is besng rnm'eyed), thence ahtng line d toad mw i>t tonsierl} of Jeffrey A. JJtandt and Gal (3tristine Brandt, South Sfty-foot (54) degrees forty-one (41) minutes sisltat (16) seconds West, five h~drod ninety-six and twwty-e+8tit hews (S~~) fed to an i~tisting Tram pin; thence South (iffy- eight (38) ik~ras thirty-too (32) mimdes eight (OS) seconds East, fiftew and mnetyone hunihedths (15.91} fed to an existing railroad ~, the point and plea of BBGiIaIING. CONfABdBdG a total area of 0.346 sera, in accordance ~ the above tefared to [1Nl)FR "Al+lp SFIBJECf to Poblic road ctght_ of-way, dedicattd ~-way lice, and other notations ~ ahoan on the above te~red' m sabdirsisinglsar. ALSO Ulr~t AND SUB)ECf to any easeaoents viplde or of reixsd; acting ~ TT~E TO SAB) PREbIISES LS VESIFD IN Jeffrey A. Brandt, by Deed fmm leffny A. Brandt and Gal ChtitA~e Brandt, husband sad wifi~, elated 11J0?I2006, recorded 12±18!2006, in Deed Biui:278, page 92. pRPMISBS BEWG g -1000 MO1JNfABV ROAD, IIEWVII.IE.PA 17241 Being Parod f644-0d~~9,045