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HomeMy WebLinkAbout08-2503 "THIS IS NOT AN ARBITRATION CASE" "AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., CIVIL DIVISION Plaintiff, NO.: ?8 - a503 'Nil erm v. ISSUE NO.: TYPE OF PLEADING: JEFFREY A. BRANDT, CIVIL ACTION - COMPLAINT IN Defendant. EJECTMENT CODE- FILED ON BEHALF OF: Jasper Properties, 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 To: Defendant(s) You are hereby notified to plead to the enclosed Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Scott A. Dietterick, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., CIVIL DIVISION Plaintiff, vs. JEFFREY A. BRANDT, Defendant. NO.. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., CIVIL DIVISION Plaintiff, vs. JEFFREY A. BRANDT, Defendant. NO.. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., CIVIL DIVISION NO.: ©F- ?Y(),3 C?-? ic,, Plaintiff, vs. JEFFREY A. BRANDT, Defendant. CIVIL ACTION - COMPLAINT IN EJECTMENT AND NOW, comes Jasper Properties, Inc. ("Plaintiff'), by and through its attorneys, James, Smith, Dietterick & Connelly LLP and files this Complaint in Ejectment as follows: 1. The Plaintiff is Jasper Properties, Inc.., which has its principal place of business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031. 2. The Defendant is Jeffrey A. Brandt ("Defendant"), an adult individual residing within the Commonwealth of Pennsylvania at 1000 Mountain Road, Newville, Pennsylvania 17241. 3. By Sheriffs Deed dated March 19, 2008, the Sheriff of Cumberland County has conveyed to Plaintiff, all that certain lot or piece of ground, with improvements erected thereon, and as more fully described in the Deed and as purchased by Plaintiff at Sheriff Sale on March 5, 2008. A true and correct copy of said Sheriff's Deed is marked Exhibit "A", attached hereto and made a part hereof. 4. During the pendency of the Mortgage Foreclosure Action of Eastern Savings Bank, FSB, predecessor in interest to Plaintiff, on the aforesaid premises docketed at 07-4229, Defendant was served as owner of the aforesaid premises with a true and correct copy of the Complaint in Mortgage Foreclosure by the Sheriff of Cumberland County. Under the same Term and Number, Defendant was served as owner of the aforesaid premises with a Notice of Sheriffs Sale scheduling the sale for March 5, 2008 and Defendant was served on December 14, 2007, personally by the Sheriff of Cumberland County. A true and correct copy of Plaintiffs Affidavit of Service is marked Exhibit "B", attached hereto and made a part hereof. 6. In addition, the aforesaid premises was posted with the Sheriffs Handbill and Notice of Sale. 7. By letter, dated March 18, 2008, Defendant and all other Current Occupants, if any, were notified by counsel for the Plaintiff to vacate the premises on or before March 31, 2008, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, postage pre-paid, with a Certificate of Mailing. A true and correct copy of the letter, Certified Mail Receipt and Certificate of Mailing are marked Exhibit "C", attached hereto and made a part hereof. 8. To date, Defendant has failed or refused to vacate the premises, and therefore, Defendant is occupying, using and enjoying the premises without right and Claim of Title. 9. Defendant has unjustly and unlawfully retained possession of the premises to the detriment of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant for possession of the premises known as 1000 Mountain Road, Newville, Pennsylvania 17241, together with such other relief as this Honorable Court may deem necessary and appropriate. JAMES, SMITH, D BY: ,Y LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff EXHIBIT "A" Tax Parcel No. 44-05-0409-045 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Jasper Properties, Inc. REAL ESTATE SALE NO. 35 Writ No. 2007-4229 Civil Term Wilmington Finance, Inc. VS Jeffrey A. Brandt Attorney Scott Dietterick 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 the 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 I:anAurveyor, 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 comer 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 # 44-05-0409-045 The same having been sold by me to the said grantee on the 5th day of March Anno Domini Two Thousand and Eight (2008) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 17th day of September Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007) Number 4229 at the suit of Wilmington Finance, Inc. against Jeffrey A. Brandt. In Witness Wereof, I have hereunto affixed my signature this 19th day of march Anno Domini Two Thousand and Eight (2008) " ; ?1-1 -? e-- I I I -' R. Thomas Kline, S eriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the swine in order that Said deed might be recorded. Witness my hand and seal of said Court, this 19th day of March Anno Domini Two Thousand and Eight (2008) ' y ,4"J J AidAt .. ?' ?. Pc kf?,?? , t ? t 1 Yy , ? ? - ,yJf.uMs M ? ? y gyn. ??Cr,; b? itV -.1m 'f A111 NOT Y PUBLIC CARLISLE CUMfBERLANO CO NTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 11350 McCormick Road, Suite 200 Hunt Valley, MD 21031 Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200808333 Recorded On 3/20/2008 At 9:14:24 AM * Instrument Type - DEED-SHERIFF'S Invoice Number -16748 User ID - RAK * Grantor - BRANDT, JEFFREY A * Grantee - JASPER PROPERTIE S INC * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 BIG SPRING SCHOOL $0.00 DISTRICT UPPER MIFFLIN TOWNSHIP $0.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA t +? RECORDER OF D r? * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIVIIIIIIRII IVll?ry EXHIBIT "B" 'r ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. ISSUE NO.: JEFFREY A. BRANDT, 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 -.,.. : -0 C) C t.J COUNSEL OF RECORD FOR I C j ?'l --a PARTY: S- 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. BRANDT, Defendant. NO.: 07-4229 Pa.R.C.P. RULE 3129.2(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 Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: l . 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: a j 10 Sworn to and subscribed before me this '7N_ day of Pi? , 2008. Notary Public MY COMMISSION EXPIRES: COMMONNI@A41H OF PENNSYLVANIA NOTARIAL SEAL MICHELtEELLIOTT NOTARY PUBLIC DERRY TOWTISHIP DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 9 2011 JAMES, S1V 1,71 DIETIERICK & CONNELLY LLP BY: Scott AV-t n , Pa. I.D. Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 EXHIBIT "A" WILMINGTON FINANCE, INC. Plaintiff, V. JEFFREY A. BRANDT Defendant(s). CUMBERLAND COUNTY No. 07-4229-CIVIL TERM September 13, 2007 TO: JEFFREY A. BRANDT 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYMFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST 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: 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 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 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 asement over and along a portion of the within conveyed premises bound and specified as e 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 pp rtinances. 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 rotations as shown on the above referred to subdivision plan. ,LSO 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 # 44-05-0409-045 EXHIBIT "B" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RmcoVmd From: NO POSTAGE NECESSARY POSTAGE PREPAID BY AA DIETIT-R17M-COW I" Box 650 HERSHEY, PENNSYLVANIA 17033-0650 Om ordinary IN mead W: Hader N -6 o C N N V b 4r/ O 01 ? a mo '° w PS F 817, January 2001 n OT, a MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT -k r- JAMES, SMITH, DIETTIiRICK & CONNELL' Hasler vOi ? 69 0 O cl"o...,.a m "o Q o co -I o 0 Aa o (y'1 mm ? Ip ow PS Forth 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING PROVIDE FOR INSURANCE-POSTMASTER Rsosfvsd Fran. NO POSTAGE NECESSARY POSTAGE PREPAID BY r.0-1?1>? ase- .N SYTVA NjA 0 -OG . piaa of and meM m d U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RecoFnd From: NO POSTAGE NECESSARY POSTAGE PREPAID BY P.O. OOX 650 HERSHEY, PENNSYLVANIA Hasler pace of ortansy mau .ad tC I E!9 0 YI $ o N o ? T i i 5 ??^ DN o C? C, A 'y O CTI ) O I G PS FolTn 3817, January 2601 v1 1LA I y1? U.S. POSTAL SERVICE RTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATONAL MAIL, DOES NOT PROVIDE FOR INSURANCE4'OSTMASTER r A ReON ad Fran: NO POSTAGE NECESSARY POSTAGE PREPAID BY 1 JAMB, MTTH, IE1I RICA--TrMW . >Nn RQx 650 Hader HERSHEY. MNSYLVANIA 17033-0650 oa pi m ardir any mau C ? ? a Q O to ...? rn 04 , y n::4otn `- 0 l m `' ' o W h 4.41 V! ?e f n cn PS Form 3817, January 2001 r•J T U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Racaivmd Fran: NO POSTAGE NECESSARY POSTAGE PREPAID BY JAMES, SMITH, DIFTI'ERICK & CONNE11 m 650 ENNSYLVANIA 17033-0650 EHEggliry. P 1 n pima of ordinary mall ,dqr n 11 A ?, S IDS U.S. POSTAL SERVICE CERTIFICATE OF MAILING AY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT 'ROVIDE FOR INSURANCE-POSTMASTER Recalwd Fmm: NO POSTAGE. NECESSARY POSTAGE PREPAID BY flt79 t MTEK ?c-GaNK JAW, "1 _ P.O OX 650 HERSHEY, PENNSYLVANIA 17033-065 na.,..l.ra of adx,.,r mNl .edr....e a: n '00 r January Hasler ?$ o O 3 ..a us 3 N b ? 47° -41Q n m' W Hasler us ? b? Q 0 NI , o C) a o cn 0 4 I Q o 07 W l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 VS. JEFFREY A. BRANDT, 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. BRANDT, 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. CK & Dated: / (D IQ Esquire P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PA ID #55650 Attorney for Plaintiff Tract 1 LEGAL DESCRIPTION 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 n; pi 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. iLSO UNDER AND SUBJECT to any easements visible or of record affecting the property. aTLE 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 # 44-0'5-0409-045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMINGTON FINANCE, INC., CIVIL DIVISION Plaintiff, NO.: 07-4229 vs. JEFFREY A. BRANDT, : 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 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. BRANDT, 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, Dated:_(DIWQ By: 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 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 rotations as shown on the above referred to subdivision plan. iLSO 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. BRANDT, 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 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. BRANDT, 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 Sheriff s Sale or this Notice, you should contact your attorney as soon as possible. CO SMITH, DJETTERICK & Dated:C1, I p? 1 Scdrtt 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 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 (0'0) 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 rotations as shown on the above referred to subdivision plan. iLSO 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. BRANDT, 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. BRANDT, 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 & Dated:- 16 1 Ct [0-1 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION Tract l 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 rotations as shown on the above referred to subdivision plan. iLSO 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. BRANDT, 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. BRANDT, 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, DI CK & CONNEIJLY LLP Dated: By .IF -1 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, 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 seconds East; one hundred ninety-two and forty-five hundredths (192.45)3feet ltotan 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. LLSO UNDER AND SUBJECT to any easements visible or of record affecting the property. 1TLE 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. BRANDT, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P 3129(b) TO: Internal Revenue Service Federated Investors Tower 130' 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. BRANDT, 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, DIRICK & CONNE IX LLP %1 \ Dated: a Ot 1 CT) By: PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Tract 1 LEGAL DESCRIPTION ALL that certain tract of land situate in U Pennsylvania, consistin of PPer Mifflin Township, Cumberland County, follows: g approximately 13 acres more or less, and bounded and described as 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 hei and assigns an easement having a width of twenty feet measured parallel to and generallyrfollowing 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 Y ded municipal authorities as and for a final subdivision plan, which plan is recorded in 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 seconds East, one hundred ninety-two and forty-five hundredths (192.45)3feetltotan existing) railroad spike at corner of Lot 7; thence along line of Lot 7, North sixty-eight fifty-one (51) minutes twenty-one (21) seconds East, one hundred thirteen and fifteen degrees hundredths (113.15) feet to a set railroad spike; thence thirty-seven (37) degrees twenty-six (26) minutes thirt (30) s along line fifty- Lot eight and 7, North forty-four hundredths (58.44) feet to an iron pin at commoncornernof Lot West, 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- hundredths (596.28) feet to an existing iron pin; thence South fifty-eight (58) thirty-two (32) minutes eight (08) seconds East, fifteen and ninety-one -eight (58) degrees feet to an existing railroad spike, the point and place of BEGINNING. CONTAININGha totallarea 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. iLSO 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 Gailrandt, husband and wife' dated 11/02/2006' recorded 12/18/2006 in Deed Book 278 Christine , page 92. tEMISES BEING f 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. BRANDT, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Public Welfare 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. BRANDT, 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: By: Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 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 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 n; g 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. iLSO 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. 1EMISES BEING # 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241 ing Parcel # 44-05-0409-045 EXHIBIT "C" JAMES SMITH DF -RICK & CONNELLY UP FAX 717-533-2795 March 18, 2008 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL Jeffrey A. Brandt or Current Occupant(s) 1000 Mountain Road Newville, PA 17241 RE: NOTICE TO VACATE Property: 1000 Mountain Road, Newville, PA 17241 Sale Date: March 5, 2008 Dear Mr. Brandt or Current Occupant(s): As I believe you are aware, our client, Jasper Properties, Inc., subsidiary of Eastern Saving Bank, FSB, was the purchaser of your property located at 1000 Mountain Road, Newville, Pennsylvania 1-7241, at the above referenced -Sherif€s Sale. Please be advised that you must vacate the premises on or before Monday, March 31, 2008. Please call me at the number on this letterhead to confirm your departure date and to arrange for delivery of the keys. If you have not vacated the premises by the date specified, we will immediately initiate legal action to evict you from same. Should you have any questions, please feel free to contact me. Thank you for your anticipated cooperation. & CONNELLY LLP P.O. BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3260 WWW.JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIEfTERICK JAMES F. SPADE MATTHEW CHABAL, III NEIL W. YAHN EDWARD P. SEEBER SUSAN M. KADEL JARAD W. HANDELMAN CouRTNEY K_.POWELL KIMBERLY A. BONNER JEFFREY M. MCCORMICK KAREN N. CONNELLY JOHN M. HYAMS CHRISTINE T. BRANN OF COUNSEL: GREGORY K. RICHARDS BERNARD A. RYAN, JR. cc: Stella Schirripa 0 0b 0 x T o " ?kY CD ° -1 CD m w 9U? C) C-) ° _-_-- 6 C fD -i ru -n ?- ? ° (D O CD > m a °. c ?L v o -05 OW C3 Q F r+ X .Iz ?.? t+ H z O O m cn w n L-A 0 m -? I'L Q U1C,C F+ N rz;u r. AD-1 m m _ OHO co a' m O OOfi + i _ 0 a ? m Hasler lap to r c 0 ? (a m O o F+ 0 ...•. ?1 N o 7 0-0 0 to 01 rn 00 1 Q as 8 ra m a N CO ti 0 0 M 0 ru O m r 0 M N Ef z dr.? CV. ir E rD E is 9 N 2 m 0 ?n i VERIFICATION I, Scott A. Dietterick, Esquire, of James, Smith, Dietterick & Connelly LLP, attorneys for Jasper Properties, Inc., Plaintiff, deposes and says subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Ejectment are true and correct to the best of my knowledge, information and belief. oo E ? J yZj ? D c? X11 C:„5 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02503 P r y COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JASPER PROPERTIES INC VS BRANDT JEFFREY A MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon BRANDT JEFFREY A the DEFENDANT at 1105:00 HOURS, on the 21st day of April .2008 at 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 by handing to JEFFREY BRANDT a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 4/ak1or1C- .00 43.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/23/2008 JAMES SMITH DIETTERICK CONNELL By: e y Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., Plaintiff, vs. JEFFREY A. BRANDT, Defendant. I Hereby certify that the last known address of Defend (s) is/are: 1000 Mon in Road Newville, 1JZ41 CIVIL DIVISION No.: 2008-2503 Civil Term ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Ejectment) FILED ON BEHALF OF: Jasper Properties, Inc. COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 for Plaintik JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ?"? .. . _,?<' . SHERIFF'S RETURN - REGULAR I . CASE NO: 2008-02503 e COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JASPER PROPERTIES INC VS BRANDT JEFFREY A MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT BRANDT JEFFREY A was served upon DEFENDANT the at 1105:00 HOURS, on the 21st day of April , .2008 at 1000 MOUNTAIN ROAD NEWVILLE, PA 17241 by handing to JEFFREY BRANDT a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00, Service 15.00 Affidavit .00 t Surcharge 10.00 R. Thomas Kline .00 43.00 Sworn and Subscibed to before me this day 04/23/2008 JAMES SMITH DIETTERICK CONNELL By: Ne-pkff-y- Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., CIVIL DIVISION Plaintiff, VS. JEFFREY A. BRANDT, Defendant. TO: Jeffrey A. Brandt 1000 Mountain Road -Newville, PA 17241 NO.: 2008-2503 Civil Term IMPORTANT NOTICE DATE OF NOTICE: May 13, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., CIVIL DIVISION NO.: 2008-2503 Civil Term Plaintiff, vs. JEFFREY A. BRANDT, Defendant. AVISO IMPORTANTE A. Jeffrey A. Brandt FECHA DEL AVISO: May 13, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DEN-IRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO 1NMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES S K & CONNELLY LLP DATE: BY: Cott A. Di erick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 d O 1?:3 s cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., CIVIL DIVISION NO.: 2008-2503 Civil Term Plaintiff, vs. JEFFREY A. BRANDT, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Jeffrey A. Brandt ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) 4k/oR -- A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: for possession of the premises known as 1000 Mountain road, Newville, Pennsylvania 17241 1!41 - SCZ-14 ro Fho rjoq? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC., Plaintiff, vs. JEFFREY A. BRANDT, Defendant. CIVIL DIVISION NO.: 2008-2503 Civil Term PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Please issue a Writ of Possession in the above-referenced matter for Plaintiff's possession of the real property known and numbered as 1000 Mountain Road, Newville, Pennsylvania 17241 and more particularly described on Exhibit "A" attached hereto. JAMES, S TT , DIE ICK & CONNEL P DATE: O BY: Scott A. Dietterick, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 -0- - SL> 9u .? o0 C`1 F# S? a 0 U?o ?p 0 000 0 a a y CO 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 rotations as shown on the above referred to subdivision plan. iLSO UNDER AND SUBJECT to any easements visible or of record affecting the property. tTLE 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 # 44-05-0409-045 W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC. VS. JEFFREY A. BRANDT No. 08-2503 Civil Term Costs Attorney's $ 162.00 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) JASPER PROPERTIES, INC. being: (Premises as follows): 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241, as described on Exhibit "A" attached (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Curti R. Long, Pr ary, Common Plea ourt o Cumb rland County, PA Date 5/29/08 (Seal) • . 2of2 No 08-2503 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC. VS. JEFFREY A. BRANDT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att' y $ 162.00 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: SCOTT A. DIETTERICK, ESQUIRE JAMES, SMITH, DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 717-533-3280 ID# 55650 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of . I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy '` - 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)• I 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. tTLE 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 # 44-05-0409-045 CX _.?Y63 By virtue of this writ, on the 2 4 tray of July 2008 I caused the within named Jasper Properties , 1 n qcr have possession of the premise dde c bed v?i? X X ?4 Ql I?g 1000 Mountain Rd, Newville, PA' 1?/Z?+ Sworn and subscribed to before me this Day of Sheriff's Return: Docketing: 18.00 Surcharge 20.00 Poundage 2.00 Prothy 2.00 Milage 30.00 Possession 30.00 102.00 z 0- -, e"'% So ArKivers, ?i+ilil???? ??/' By -L, Znc.--L1L7- ;dL? Advance Costs: 150.00 Sheriff's Costs: 102.00 48.00 Refunded to Atty on 7/29/08 CO- ? j pYg Sn? 2ofz No 08-2503 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC. VS. JEFFREY A. BRANDT WRIT OF POSSESSION P.R.C.P. 3164-3165 ETC. Costs Att'y $ 162.00 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: SCOTT A. DIETTERICK, ESQUIRE JAMES, SMITH, DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 717-533-3280 ID# 55650 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASPER PROPERTIES, INC. VS. No. 08-2503 Civil Term JEFFREY A. BRANDT Costs Attorney's $ 162.00 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) JASPER PROPERTIES, INC. being: (Premises as follows): 1000 MOUNTAIN ROAD, NEWVILLE, PA 17241, as described on Exhibit "A" attached (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date 5/29/08 (Seal) ?-!z I 211SK4 ? d2L Curti R. Long, Pr ary, Plea rt o Cumb / Common and County, PA T" COPY FROM RECORD in Todknmy whered, I here unto set my hm ft serf of NW dart at Carlisle. P8. " ,??