HomeMy WebLinkAbout01-1311SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
IN MORTGAGE FORECLOSURE
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint is served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that, if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the document or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
As provided by Pennsylvania Rules of Civil Procedure No. 1018.1, the following
officer is designated to be named in the Notice to Defend in order to find out where
legal help can be obtained.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/Ida GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORFCLOSLIRE
AND NOW, comes Plaintiff, Susan R. Mumma, Trustee, Robert M. Mumma, II
Grantor Retained Annuity Trust, by and through her attorneys, Wix, Wenger & Weidner,
and files this Complaint in Mortgage Foreclosure, stating the following:
1. Plaintiff is Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained
Annuity Trust, whose current address is 244 North Lewisberry Road,
Bowmansdale, PA 17008.
2. Defendants are Gemini Equipment Company, Inc., n/Ida Gemini Equipment
Business Trust (herein, "Gemini") and Mann Realty Associates, Inc. (herein,
"Mann"), each of whose current business address is Box E, Bowmansdale, PA
17008.
3. Mann is the owner of those certain parcels of land which are fully described on
Exhibit A hereto, which is incorporated herein by reference as Jf fully set forth
(herein, the "Property"), having acquired title by virtue of a deed from Gemini
dated February 18, 2000 and recorded in the Cumberland County Recorder of
Deeds office on January 3, 2001 to Book 237, Page 69.
On or about May 30, 1985, Gemini made, executed and delivered a mortgage
upon the Property (herein, the "Mortgage") to Colston Nauman Moore, Spencer
Gilbert Nauman, Jr., and Ernest S. Burch, Trustee under the Will of Gertrude
Nauman, Deceased, and Spencer Gilbert Nauman, Jr., in his own right (herein,
the "Assignors"), which Mortgage is recorded in the Cumberland County
Recorder of Deeds office in Mortgage Book 779, Page 443.
On or about September 3, 1996, Assignors assigned the Mortgage to Plaintiff by
a written assignment which is recorded in the Cumberland County Recorder of
Deeds office in Misc. Book 529, Page 434.
There has been no further assignment of the Modgage.
The Mortgage is in default because of Defendants' failure to make payments due
thereunder.
The following amounts are due from Defendants under the Mortgage:
Principal Balance:
Interest through December 8, 2000
at 10% per annum:
Interest December 9, 2000 through
February 28, 2001 at 12% per annum:
5% Attorneys Commission:
$563,532.58
$ 65,536.10
$ 83,OOO.96
$ 28,176.63
TOTAL: $740,246.27,
plus per diem interest at the rate of $185.27 from March 1, 2001
and the costs of this action.
The Act of January 30, 1974, P.L. 13, No.6, as amended, 41 P.S. § 403 is not
applicable to this foreclosure action.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment of mortgage foreclosure against the Property in the amount of $740,246.27,
plus per diem interest at the rate of $185.27, costs of this action, and such other relief
as this Court deems just and appropriate.
Respectfully S~tted,
~ '~am~s I.~
508 NM't Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
Date:
F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FOREC COMPLAINT.doc
EXHIBIT A
TRACT NO. I
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-611) and Pennsylvania Route 1 '14, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the
place of BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing B-D43.
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #R-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
Exhibit A - Page 1
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisbum Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a beadng South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along Jands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
Exhibit A - Page 2
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 3
WIX WENGER WEIDNER- 717234422¢; 03/05/0~ 5:51P~;.~#162;Page 3/3
1, Susan R. Mum~a, Trustee, Robert M. Mumma, II Grantor Retained Annuity
Trust, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and
hereby affim3 and verify that It is true and correct to the best of my personal knowledge,
information and belief. I verify that all of the statements made in the foregoing are true
and coffect and that false statements made therein may subject me to the penalties of
18 Pa.C.S.A, Section 4904, relating to unsworn falsification t~ authorities.
Susan R. Mumma,
Mumma, II Grantor Retained Annuity Trust
DATE:
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/lEa GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO.
:
: IN MORTGAGE FORECLOSURE
ACCEPTANCE OF ~ERVICE
I, Wendy WeikaI-Beauchat, Esquire, hereby accept service of the Complaint in
this case on behalf of the Defendants and certify that I am authorized to do so.
Respectfully Submitted,
Beauchat & Beauchat
Date:
BY:w~We~Beauchat, Esquire
116 Baltimore Street
Gettysburg, PA 17325
Attorneys for Defendants
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
: IN MORTGAGE FORECLOSURE
STIPULATION OF PARTIES RE~ARDING
LEGAL DESCRIPTION
AND NOW, come Plaintiff and Defendants, by and through their respective
undersigned counsel, and enter into this Stipulation of Parties, stating the following:
1. On March 8, 2001, Plaintiff filed her Complaint in Mortgage Foreclosure in this case.
2. On March 14, 2001, by Stipulation of the Parties, the Cumberland County
Prothonotary entered judgment in this case in favor of Plaintiff and against
Defendants.
3. Subsequent to the entry of the judgment, the parties learned that there were errors
in the legal descriptions of the tracts subject to the foreclosure and judgment.
4. The parties acknowledge and stipulate that the legal descriptions attached to this
Stipulation as Exhibit A are correct descriptions of the properties subject to the
foreclosure in this case.
5. The parties further stipulate that the legal descriptions attached to this Stipulation as
Exhibit A shall replace the legal descriptions attached to and included in the
pleadings in this case and shall be incorporated therein as if fully set forth and
attached thereto.
6. The undersigned counsel for Plaintiff and Defendants certify to this Court that they
each have authority to enter into this Stipulation on behalf of their respective clients.
Wix, Wenge & Weidner
B//st~h ~. Williams, Esqube
~ 508 North Second Street
P.O. Box 845
Harrisburg, PA 17101
Attorneys for Plaintiff
Respectfully Submitted:
Beauchat & Beauchat
Wendy, WeikaI-Beauchat, Esquire
116 Baltimore Street
Gettysburg, PA 17325
Attorneys for Defendants
Date:
Date:
F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FOREC STIPU2.doc
EXHIBIT A
TRACT NO. I
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-611 ) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 40 seconds East, 1761.50 to a steel rod;
thence North 67 degrees 30 minutes 55 seconds East, 331.86 to a point, the place of
BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing E-543.
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #B-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Exhibit A - Page 1
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
CONTAINING 19,812 square feet.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
Exhibit A - Page 2
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,605.29 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 3
o
SUSAN R. MUMMA, TRUSTEE,
ROBERT M, MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
IN MORTGAGE FORECLOSURE
PRA I=(':.IPE
TO THE PROTHONOTARY:
Pursuant to the Stipulation of Parties attached hereto, please enter in this case
judgment of mortgage foreclosure against the Property in the amount of $740,246.27,
plus per diem interest at the rate of $185.27 and costs of this action.
Respectfully Su~ed,
WiX, W,E,~& WEIDNER
×S,ev secoj ?Jt
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
Date:
F:~srw',5893 (MUMMA}\10470 (GRAT FORECLOSURE)\DOCUMENTS\FOREC STIPU.doc 3/z4/o~
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
..
: NO. O1-15[
: IN MORTGAGE FORECLOSURE
STIPULATION OF PARTIES
AND NOW, come Plaintiff and Defendants, by and through their respective
undersigned counsel, and enter into this Stipulation of Parties, stating the following:
1. Defendants admit paragraphs 1 - 9 of Plaintiff's Complaint filed in this case.
2. Plaintiff is entitled to a judgment of mortgage foreclosure against the Property in
the amount of $740,246.27, plus per diem interest at the rate of $185.27 and
costs of this action.
3. The Cumberland County Prothonotary is hereby authorized and directed upon
Praecipe of Plaintiff to enter in this case judgment of mortgage foreclosure
against the Property in the amount of $740,246.27, plus per diem interest at the
rate of $185.27 and costs of this action.
4. The undersigned counsel for Plaintiff and Defendants certify to this Court that
they each have authority to enter into this Stipulation on behalf of their respective
clients.
Wix, Wenge ~~& Weidner
fSte'/~ff R _Williams, Esquire
508~orth Second Street
P.O. Box 845
Harrisburg, PA 17101
Attorneys for Plaintiff
Date:
Respectfully Submitted:
Beauchat & Beauchat
Wehdy WeikaI-Beauchat, Esquire
116 Baltimore Street
Gettysburg, PA 17325
Attorneys for Defendants
Date: ,,,~./~,/',/~/
F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FOREC STIPU.doc
PROTHONOTARY'S OFFICE
Court House - Carlisle, PA 17013
In accordance with Rule 236 of the Pennsylvani:t Supreme Court, this is to notify you
that the following (order) (decree) (judgment) was entered against you in this office.
Plaintiff
SUSAN R. MUMMA, TRUSTEE, Defendant
ROBERT M, MUMMA, Il GRANTOR
RETAINED ANNUITY TRUST,
GEMINI EQUIPMENT COMPANY,
INC., n/kJa GEMINi EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Prothonotary
' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAEClPE FOR WRIT OF EXECUTION
Caption:
SUSAN R. ML~IMA, TRUSTE~, ROB~2~T M MU~MA, II,
GRANTCR RETAINwn ANNUITY TRUST,
PLAINTIFF
VS.
GEMINI EQUIt:MENf COMPANY, INC., n/k/a
GEMINI EQUIBEI~ BUSINESS TRUST and MAh~
REALTY ASSOCIATES, INC. ,
DEFENDANTS
( ) Confessed Judgment
( ) Other
File No. 01-1311
Amount Due $563, 532.58
Interest $148,537.O6, PLUS Pk':R DIRM OF
Atty's Comm$28,176.63 $185.27 FROM 3/1/01
Costs~L,O B¢ Ann~'~
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of CUMBE2~LAND
for debt, interest and costs, upon the following described property of the defendant(s)
County,
A.~ .~PFZ~T~'TPAr.i'.¥ TriP. t~TPT[=.~ ON RXRTP, T'~ A
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of~/~aid garnishee(s).
[~1 (Indicate) Index this writ against the garnishee(s) as a lis pendens a/Ci/~t real estate of the
defendant(s) described in the attached exhibit. /~7_ 2 ~
Address:
508 NORTR SRCOND ST, P.O. BOX 845,
HARRISBURG, PA 17108-0845
Attorney for: PLAINTIFF
Telephone: 717-234-4182
Supreme Court ID No.: 62(151
(over)
Notes:
If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
EXHIBIT A
TRACT NO. I
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-6'I 1) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisbum; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the
place of BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing B-D43.
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #R-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
Exhibit A - Page 1
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. I on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
Exhibit A - Page 2
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 3
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-1311
: IN MORTGAGE FORECLOSURE
NCITICF ~F SHI=RIFI='R RAI F {3F RI:Al I=RTATF
PIIRRI IANT
PFNNRYI VANIA Rill F ('31= CIVIl PR(")CFI31IRF .'{1?9 2
TAKF NQTIC. F:
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: June 6, 2001
TIME: 10:00 a.m.
LOCATION: Cumberland County Courthouse
Commissioner's Hearing Room - 2"d Floor
1 Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the property, together
with a brief mention of the buildings and any other major improvements erected on the
land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A).
THE LOCATION of the property to be sold is:
Tra~.t I -Described on a survey prepared by Adams County Surveyors, dated
February 14, 1985, known as Drawing B-D43.
Trac. t lA -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
Tract?- Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
THE JUDGMENT under or pursuant to which the property is being sold in
docketed in the within Commonwealth and County to:
No. 01-1311
THE NAME OF THE OWNER OR REPUTED OWNER of this property is:
Mann Realty Associates, Inc., successor to Gemini Equipment Company,
Inc., n/Ida Gemini Equipment Business Trust.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the
sale received and to be disbursed by the Sheriff (for example, to banks that hold
mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this
County not later than thirty (30) days after the sale and distribution of the proceeds of
sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the sheriff
of the Court of Common Pleas of the within County at the Courthouse address specified
herein.
THIS PAPFR IR A NC)TIC, F OF THF TIMF AND PI ACF C)F THF RAm F
WITHIN DFSC, RIRFr) PROPFRTY.
IT HA.q; RFFN ISS{IFI') RFC,,AIISF THFRF: IR A .1! IDC=MFNT AGAINST YOU.
IT MAY (';,AUSF YOIJR PROPFRTY TQ RI: HFI D. TO ElF SOLD QR TAKFN TO
PAY THF .II. JI')~MENT.
You may have legal rights to prevent your property from being taken away. A
lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVISE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(7'17) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or the procedure used against
you.
2. After the Sheriff's Sale, you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for
other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of the within
County, The petition must be served on the attorney for the creditor or on the creditor
before presentation to the court and a proposed order or rule must be attached to the
petition.
SHERIFF'S OFFICE
F:~srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)~DOCUMENTS\SALE NOTICE2.doc
EXHIBIT A
TRACT NO. '1
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-611 ) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No, 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at comer of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the
place of BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing B-D43.
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #R-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westedy side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
Exhibit A - Page 1
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes '11 seconds West, the distance of 191.87 feet to a point; thence continuing
Exhibit A - Page 2
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 3
~o~
~ zO > ~
t~
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/ida GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-1311
: IN MORTGAGE FORECLOSURE
AFFII'tAVIT OF MAll INP~
Being first duly sworn according to law, Jeanette L. Roberts, paralegal with the
firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, Susan R. Mumma, Trustee,
Robert M. Mumma, II Grantor Retained Annuity Trust, hereby deposes and says that,
pursuant to Pa.R. Civ. P. No. 3129.2(c)(1), she mailed the Notice of Sheriff's Sale of
Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.2 in the
above-captioned case, a copy of which is attached hereto as Exhibit A, on March 14,
2001, by first class mail, postage prepaid to the following:
CoreStates Bank, N.A., n/Ida
First Union Bank
600 Penn Street, Third Floor
Reading, PA 19602
CoreStates Bank, N.A., n/Ida
First Union Bank
Legal Department
5~ and Market Street
Philadelphia, PA 19106
Marlin Yohn
Upper Allen Township Tax Collector
6 Hickory Lane
Mechanicsburg, PA 17055
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Being first duly sworn according to law, Jeanette L. Roberts, paralegal with the
firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, Susan R. Mumma, Trustee,
Robert M. Mumma, II Grantor Retained Annuity Trust, hereby deposes and says that,
on March 14, 2001, the following was served by certified mail mail, postage prepaid to
the following:
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
Attached hereto as Exhibit B, pursuant to Pa.R.Civ. P. No. 3129.0(c)(2), are the
appropriate U.S. Postal Service Forms 3817.
SWORN TO AND SUBSCRIBED
before me, a Notary
Public, this IH.U~ day
of f'¢~ c~- c.~ ,2001.
My Commission Expires:
(SEAL)
WiX, WENGER & WEIDNER
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
F:~srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS~AFFID OF MAIL2.doc
EXHIBIT A
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
IN MORTGAGE FORECLOSURE
NC)TIfF C)F .~HFRIFF'.~ ~AI F CJI= RI=AL F.RTATF
PIIRRIIANT TCJ
PFNN.~YI VANIA RIIt F CJF CIVIl PRCJCFI'311RI= 3'129 2
TAKF NOTICE'
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: June 6, 2001
TIME: 10:00 a.m.
LOCATION:
Cumberland County Courthouse
Commissioner's Hearing Room - 2"d Floor
1 Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the property, together
with a brief mention of the buildings and any other major improvements erected on the
land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A).
THE LOCATION of the property to be sold is:
~d:aC, t_t -Described on a survey prepared by Adams County Surveyors, dated
February 14, 1985, known as Drawing B-D43.
~Lr~CL.tA -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
'i'ract 2- Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
THE JUDGMENT under or pursuant to which the property is being sold in
docketed in the within Commonwealth and County to:
No. 01-1311
THE NAME OF THE OWNER OR REPUTED OWNER of this property is:
Mann Realty Associates, inc., successor to Gemini Equipment Company,
Inc., n/ida Gemini Equipment Business Trust.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental
er corporate entities or agencies being entitled to receive part of the proceeds of the
sale received and to be disbursed by the Sheriff (for example, to banks that hold
mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this
County not later than thirty (30) days after the sale and distribution of the proceeds of
sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the sheriff
of the Court of Common Pleas of the within County at the Courthouse address specified
herein.
THIS PAPFR IS A NQTICF OF THF TIMF ANI-) PLACF OF THF SAi F QF
WITHIN DFSC, RIBFD PRQPFRTY.
IT HAS RFFN ISSLIFD RFC. AHSF THFRF IS A .liIr')GMFNT AGAINST YOH.
IT MAY C, AIISF YOtlR PROPFRTY TO BF HI:LO, TO RF SOl D OR TAKFN TO
PAY THF .11 IDC~MENT.
You may have legal rights to prevent your property from being taken away. A
lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVISE,
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or the procedure used against
you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for
other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of the within
County. The petition must be served on the attorney for the creditor or on the creditor
before presentation to the court and a proposed order or rule must be attached to the
petition.
SHERIFF'S OFFICE
F:~srw~893 (MUMMA)~10470 (GRAT FORECLOSURE)\DOCUMENTS\SALE NOTiCE2,doc
EXHIBIT A
TRACT NO. 1
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-611 ) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the
place of BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing B-D43.
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #R-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
Exhibit A - Page 1
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
Exhibit A - Page 2
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
~ands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 3
EXHIBIT B
u.s. POST^C SE.WCE CERTIFICATE OF MAILING ~'~P~
MAY BE USED FOR DOMESTIC AND INTERNATER ONAL MA'.~L' D O~S~NQT~. r~ ," ~,~r~[ek;~rost ~a~r.~ fl n~l~o~c~/re _of
~OVIDE FOR INSURANCE--POSTMAST -' ~r ~ ~ Posturer fo~ trent
/
PS Form 3817, Mar. 1989
Affix~e here~tamp$
U,S. POSTAL SERVICE CERTIFICATE OF MAILING o7 rn~r postt~ e and
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ~ post C~ark.°~.~ire of
PROVIDE FOR INSURANCE--POSTMASTER ~'- '~
Received From: ~,\ .~ e~
One piece of ordinary mail addressed to: .~ {~ o'~
Pfirr4rllil'.PRTA. pn I ql~lR
PS Form 3817, Mar. 1989
U.S, POSTAL SERVICE CERTIFICATE OF MAlL NG
Affix f~her~' ~m~s
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT ~DOSt ~rk u;;~e--~ Of
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
One piece of ordinary mail addressed to:
CAR~I~B, pA 13013
PS Form 3817, Mar. 1989
ED FOR DOMESTIC AND INTERNATION~I~I~';~K)E~,~T ~ post ~rk. I~re of
PROVIDE FOR iNSURANCE--POSTMASTER / ~ --~ ~ Post--tar ~/urrent
Received From' f~~ ~
One piece of ordinary mail addressed to;
PS Form 3817, Mar. 1989
Postage $ ~ ~.~
Certified Fee ~
{Endorsement Required) ~
(Endorsement Required)
1b 4qO
Sent by: WIX WENGER WEIDNER- 7172344224; 03/19/01 12:40PM;,Jli~ax #276;Page 2/8
SUSAN R. MUMMA, TRUSTEE,
ROBERT M, MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC,, nlk/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-1311
: IN MORTGAGE FORECLOSURE
AFFIr)AVIT pUR.~U&NT Tt'! Rill
Steve R. Williams, attorney for Susan R. Mumma, Trustee, Robert M. Mumma, II
Grantor Retained Annuity Trust, Plaintiff in the above action, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning tl3e
real property located at:
~ -Described on a survey prepared by Adams County Surveyors, dated
February 14, 1985, knnwn as Drawing B-D43.
Tract lA -Described on a survey prepared by J. Riley Redcting, dated July 20,
1981, known as Drawing #R-272.
Tract 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
1. Name and address of owner(s) or reputed owner(s):
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box F
Bowmansdale, PA 17008
Sent by: WIX WENGER WE[DNER- 7172344224; 03/19/01 12:40PM~,Je{.~aX#276;Page 3/8
2. Name and address of defendant(s) in the judgment:
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
N/A
Name and address of the Past recorded holcler of every mortgage of record:
Susan R. Mumma, Trustee, Robert M. Mumma,
Grantor Retained Annuity Trust
244 North Lewisberry Road
Bowmansdale, PA 17008
CoreStates Bank, N.A, n/ida
First Union Bank
600 Penn Street, Third Floor
Reading, PA 19602
CoreStates Bank, N.A., n/ida
First Union Bank
Legal Department
5'~ and Market Street
Philadelphia, PA 19106
5. Name and address of every other person who has any record lien on the
property:
N/A
Sent by: WZX WENGER WEZDNER- 7172344224; 03/19/01 12:40PM;Je~ex #276;Page 4/8
Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Marlin Yohn
Upper Allen Township Tax Collector
6 Hickory Lane
Mechanicsburg, PA 17055
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property wl3ich may be affected by the sale:
N/A
I verify that the statements made in this Affidavit are true end correct to the best
of my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S § 4904 relati~ to unsworn
falsification to authorities.
/
Wl~/,~ & WEIDNER,
Date: .~ ~/,',~,o t ~ Ste~ R, Williams
F:~srw~5~93 (MUMMA)~104?0 (GRAT FORECLOSURE)~nOCUMENTS~AFFID PURSUANT TO 3129A.doc .~/3.~,/c~.
Sent by: WZX WENGER WEZDNER- 7172344224; 03/19101 12:40PMj~e~rax#276;Page 518
EXHIBIT A
Sent by: WIX WENGER WEIDNER- 7172344224; 03/19/01 12:41PM;~ #276;Page 6/8
TRACT NO, I
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-611 ) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No, 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconcls East, 1498,00 feet to a post; thence continuing along
said Tract No. 3. South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek: thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 0;2 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the
place of BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing B-D43.
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper PJlen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J, Riley Redding, Registered Surveyor, ;22361-E,
dated July 20, 1981, drawing #R-272, as foltows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the lett having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
Exhibit A- Page 1
Sent by: WI× WENGER WEIDNER- 7172344224; 03/19/01 12:41PMjJe~#276;Page 7/8
and T-611, South55 degrees 58minutes 10 seconds East, 109.94feettothe place of
BEGINNING.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisbum Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisbum Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
norti3 thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381,93 feet, an arc distance of 408,24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469,60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North O0 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formedy of George H. Holer; thence along
same. South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 11 minutes 60 seconds East, the distance of 531 _07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same. South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
Exhibit A - Page 2
Sent by: WI× WENSER WEIDNER- 7172344224; 03/19/01 12:42PMj.J~ #276;Page 8/8
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh', thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same. North 66 degrees 06 minutes 38
seconds West, the distance of 247,19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and
place of BEGINNING,
CONTAINING 113.844 acres of land.
Exhibit A - Page 3
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
: IN MORTGAGE FORECLOSURE
AFFInAVIT PlIR~IIANT TC~ Rill F Rl~'g I
Steve R. Williams, attorney for Susan R. Mumma, Trustee, Robed M. Mumma, 11
Grantor Retained Annuity Trust, Plaintiff in the above action, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the
real property located at:
Tract 1 -Described on a survey prepared by Adams County Surveyors, dated
February 14, 1985, known as Drawing B-D43.
Tr~c.t IA -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
Tr~c.t ? - Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
1. Name and address of owner(s) or reputed owner(s):
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
2. Name and address of defendant(s) in the judgment:
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
N/A
4. Name and address of the last recorded holder of every mortgage of record:
Susan R. Mumma, Trustee, Robed M. Mumma, II,
Grantor Retained Annuity Trust
244 North Lewisberry Road
Bowmansdale, PA 17008
CoreStates Bank, N.A., n/ida
First Union Bank
600 Penn Street, Third Floor
Reading, PA 19602
CoreStates Bank, N.A., n/Ida
First Union Bank
Legal Department
5th
and Market Street
Philadelphia, PA 19106
5. Name and address of every other person who has any record lien on the
property:
N/A
Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Marlin Yohn
Upper Allen Township Tax Collector
6 Hickory Lane
Mechanicsburg, PA 17055
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
N/A
I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. § 4904 relatir)~ to unswom
falsification to authorities.
/
WI~/~ & WEIDNER,
F:~srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)~DOCUMENTS~AFFID PURSUANT TO 3129,1,doc 3/19/oz
EXHIBIT A
TRACT NO. I
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-611 ) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the
place of BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing B-D43.
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #R-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
Exhibit A - Page 1
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
Exhibit A - Page 2
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence alOng same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
VS.
( ) Confessed Judgment
( ) Other
File No. O1-1311
Amount Due ,f,559,174.73
Interest $1,::~6.89, ~ P~R DILi~ C~'
Ap.,~ $183.84 [~[]N 6/14/01
Atty's Comm
Costs '~o ~ Ars~
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding flied
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of ~
for debt, interest and costs, upon the following described property of the defendant(s)
County,
PRAECIPE FOR A'rDACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of thTid garnishee(s).
[~[ (Indicate) Index this writ against the garnishee(s) as a lis pendens ag/a~'stt real estate of the
defendant(s) described in the attached exhibit. ~,,,~,~ ///
Date
Address:
Attorney for:
Telephone:
17108-41645
BW~ZT-"~XaE~,, PA
7] 7-~':kl-41 ~
Supreme Court ID No.:62051
(over)
Notes:
If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
TRACT NO. 1-A
ALL THAT CERTAIN tract or pamel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #B-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
CONTAINING 19,812 square feet.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr,; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
Exhibit A - Page 1
East, the distance of 200.74 feet to a point; thence along same, along the am of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along sam~ and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,605.29 feet to the point and
place of BEGINNING.
CONTAINING 113,844 acres of land.
Exhibit A - Page 2
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/Ida GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
..
:
: NO. 01-1311
..
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE[
PURSIIANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICF:
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: September 5, 2001
TIME: 10:00 a.m.
LOCATION:
Cumberland County Courthouse
Commissioner's Hearing Room - 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the property, together
with a brief mention of the buildings and any other major improvements erected on the
land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A).
THE LOCATION of the property to be sold is:
Tract lA -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
'rract 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
THE JUDGMENT under or pursuant to which the property is being sold in
docketed in the within Commonwealth and County to:
No. 01-1311
THE NAME OF THE OWNER OR REPUTED OWNER of this property is:
Mann Realty Associates, Inc., successor to Gemini Equipment Company,
Inc., n/k/a Gemini Equipment Business Trust.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the
sale received and to be disbursed by the Sheriff (for example, to banks that hold
mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this
County not later than thirty (30) days after the sale and distribution of the proceeds of
sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the sheriff
of the Court of Common Pleas of the within County at the Courthouse address specified
herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
WITHIN DESCRIBED PROPFRTY.
IT HAS BEEN ISSI, JED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CALJSE YOUR PROPERTY TO BE HELD TO CJE SOl D OR TAKEN TO
PAY THE J[JDC~MFNT.
You may have legal rights to prevent your property from being taken away. A
lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVISE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or the procedure used against
you.
2. After the Sheriff's Sale, you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for
other proper cause, This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of the within
County. The petition must be served on the attorney for the creditor or on the creditor
before presentation to the court and a proposed order or rule must be attached to the
petition.
SHERIFF'S OFFICE
F:%srw%5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\SALE NOTIOE3.doc 6/13/0~-
EXHIBIT A
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #B-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
CONTAINING 19,812 square feet.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the am of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
Exhibit A - Page I
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408,24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
: IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Steven R. Williams, attorney for Susan R. Mumma, Trustee, Robert M. Mumma,
II Grantor Retained Annuity Trust, Plaintiff in the above action, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the
real property located at:
Tract lA -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
Tract 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
1. Name and address of owner(s) or reputed owner(s):
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
2. Name and address of defendant(s) in the judgment:
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
3, Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
N/A
4. Name and address of the last recorded holder of every mortgage of record:
Susan R. Mumma, Trustee, Robert M. Mumma, II,
Grantor Retained Annuity Trust
244 North Lewisberry Road
Bowmansdale, PA 17008
CoreStates Bank, N.A., n/ida
First Union Bank
600 Penn Street, Third Floor
Reading, PA 19602
CoreStates Bank, N.A., n/Ida
First Union Bank
Legal Department
5th and Market Street
Philadelphia, PA 19106
5. Name and address of every other person who has any record lien on the
property:
N/A
Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Marlin Yohn
Upper Allen Township Tax Collector
6 Hickory Lane
Mechanicsburg, PA 17055
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
7. Name and address of every other person of whom the plaintiff h'as knowledge
who has any interest in the property which may be affected by the sale:
N/A
I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities. ~
WlX, 7/~~EIDNER,
Date: ~//.~)0 ! BY.'/~/~//~ ~k'~L'~
/Stevell' R. Williams, Esquire
F:~srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS~AFFID PURSUANT TO 3129.1.3.doc 6/13/01
EXHIBIT A
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #B-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G,
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
CONTAINING 19,812 square feet.
TRACT NO, 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
Exhibit A - Page 1
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,605.29 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 2
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-1311
IN MORTGAGE FORECLOSURE
PETITION TO FIX FAIR VALUE
OF REAL ESTATE[
AND NOW, comes Petitioner, Susan R. Mumma, Trustee, Robert M. Mumma, II
Grantor Retained Annuity Trust, by and through her attorneys, Wix, Wenger & Weidner,
and files this Petition to Fix Value of Real Estate pursuant to 42 Pa.C.S. § 8103, stating
the following:
1. Petitioner is Susan R. Mumma, Trustee, Robert M. Mumma, II Grantor Retained
Annuity Trust, whose current address is 244 North Lewisberry Road,
Bowmansdale, PA 17008.
2. Respondents are Gemini Equipment Company, Inc., n/k/a Gemini Equipment
Business Trust and Mann Realty Associates, Inc, each of whose current
business address is Box E, Bowmansdale, PA 17008.
On March 14, 2001, Petitioner entered judgment in this case against
Respondents for the sum of $740,246,27, plus costs and per diem interest at the
rate of $185.27.
11.
This Petition relates to that certain parcel of real estate located in Upper Allen
Township, Cumberland County, more particularly described on Exhibit A hereto,
which is incorporated herein by reference as if fully set forth (herein, the "Real
Estate").
On June 6, 2001, in execution of the judgment in this case, Petitioner caused the
sale of the Real Estate by the Cumberland County Sheriff.
On the date of the sale, the total interest due on the judgment amounted to
$166,693.52, and the costs due Petitioner amounted to $2,500.00.
The Petitioner was the purchaser at the said sale of the Real Estate for the
amount of $1.00.
Petitioner knows of no one who is or may be directly or indirectly liable to
Petitioner for the payment of the judgment in this case other than Respondents.
The assessed value of the Real Estate as of June 6, 2001, was $201,800.00.
The fair market value of the Real Estate as of the date of the said. sale was
$201,800.00.
There are no prior liens, costs, taxes or municipal claims that were not
discharged by the sale of the Property. There was no distribution on the sale of
the Real Estate for any such items.
WHEREFORE, Petitioner respectfully requests that this Honorable Court fix the
fair market value of the Real Estate as of June 6, 2001 at $201,800.00.
Date:
Respectfully S~ itted,
WIX, WEN WEIDNER
/4~tev_6~R '. _Williams I.D.#62051
' 508 N~rth Second Street
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Petitioner
F:\srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FMV PETITION2.doc
EXHIBIT A
TRACT NO. 1
ALL THAT certain pamel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-611 ) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 40 seconds East, 1761.50 to a steel rod;
thence North 67 degrees 30 minutes 55 seconds East, 331.86 to a point, the place of
BEGINNING.
CONTAINING 50,995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing E-543.
F:~srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\TRACT NO 1 legal.dcc
VERIFICATION
I, Steven R. Williams, attorney for Petitioner in the foregoing Petition, have
read the foregoing Petition and hereby affirm and verify that it is true and correct to the
best of my personal knowledge, information and belief. Petitioner is outside the
jurisdiction of the Court, and the verification of her cannot be obtained within the time
allowed for filing this Petition. I verify that all of the statements to which I have personal
knowledge, information and belief are true and correct and that false statements made
therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities. The information afo matters not stated upon my
//
own personal knowledge, information and belief ha~been provided to me by Petitioner.
/ _Ste.v.~ P/. Williams, Attorney for
Petitioh~r
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
..
Petitioner :
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Respondents
: NO. 01-1311
: IN MORTGAGE FORECLOSURE
· AND NOW, this ~_~''dayof ~
the mregoing Petition, it is hereby ORDERED that:
,2001, upon consideration of
1) a Rule is issued upon Respondents to show cause why the Petitioner is not
entitled to the relief requested;
2) the Respondents shall file an answer to the Petition within twenty (20) days of
service of the Petition on Respondents;
3) an evidentiary hearing on the Petition shall be he, J,d
2001, at ~ .~[.m. in Courtroom number ,~ , Cumberland Cou~lty
Courthouse; and
4) Petitioner shall serve on Respondents a copy of the Petition and this Order at
least~,O days prior to the hearing.
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/lEa GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-1311
: IN MORTGAGE FORECLOSURE
~AFFIDAVIT OF MAILING
Being first duly sworn according to law, Jeanette L. Roberts, paralegal with the
firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, Susan R. Mumma, Trustee,
Robert M. Mumma, II Grantor Retained Annuity Trust, hereby deposes and says that,
pursuant to Pa.R.Civ. P. No. 3129.2(c)(1), she mailed the Notice of Sheriff's Sale of
Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.2 in the
above-captioned case, a copy of which is attached hereto as Exhibit A, on June 13,
2001, by first class mail, postage prepaid to the following:
CoreStates Bank, N.A., n/lEa
First Union Bank
600 Penn Street, Third Floor
Reading, PA 19602
CoreStates Bank, N.A., n/lEa
First Union Bank
Legal Department
5th and Market Street
Philadelphia, PA 19106
Marlin Yohn
Upper Allen Township Tax Collector
6 Hickory Lane
Mechanicsburg, PA 17055
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Being first duly sworn according to law, Jeanette L. Roberts, paralegal with the firm of
Wix, Wenger & Weidner, attorneys for the Plaintiff, Susan R. Mumma, Trustee, Robert
M. Mumma, II Grantor Retained Annuity Trust, hereby deposes and says that, on March
14, 2001, the following was served by certified mail mail, postage prepaid to the
following:
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
Attached hereto as Exhibit B, pursuant to Pa.R.Civ. P. No. 3129.0(c)(2), are the
appropriate U.S. Postal Service Forms 3817.
WiX, WENGER & WEIDNER
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
SWORN TO AND SUBSCRIBED
before me, a Notap/
Public, this iq'"~ day
of ~on~.. ,2001.
Public
My Commission Expires:
(SEAL)
NOTARIAL SEAL
LISA M, SITES, NOTARy PUBLIC
CJ?~ OF HARRISBURG, DAUPHIN COUNTY
~ COMUISSI(~¥ ,ET. OlRE8 A~c~RiL 28. 2005
F:\srW~5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS~AFFID OF MAIL3.doc 6/13/01
EXHIBIT A
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY, :
INC., n/k/a GEMINI EQUIPMENT :
BUSINESS TRUST and MANN :
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-1311
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriff's Sate of Real Property (real estate) will be held:
DATE: September 5, 2001
TIME: 10:00 a.m.
LOCATION:
Cumberland County Courthouse
Commissioner's Hearing Room - 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the property, together
with a brief mention of the buildings and any other major improvements erected on the
land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A).
THE LOCATION of the property to be sold is:
Tract lA -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
Tract 2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
THE JUDGMENT under or pursuant to which the property is being sold in
docketed in the within Commonwealth and County to:
No. 01-1311
THE NAME OF THE OWNER OR REPUTED OWNER of this property is:
Mann Realty Associates, Inc., successor to Gemini Equipment Company,
Inc., n/k/a Gemini Equipment Business Trust.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the
sale received and to be disbursed by the Sheriff (for example, to banks that hold
mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this
County not later than thirty (30) days after the sale and distribution of the proceeds of
sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the sheriff
of the Court of Common Pleas of the within County at the Courthouse address specified
herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
WITHIN DESCRIBED PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TQ BE SOLD QR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being taken away. A
lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVISE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or the procedure used against
you.
2. After the Sheriff's Sale, you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for
other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of the within
County. The petition must be served on the attorney for the creditor or on the creditor
before presentation to the court and a proposed order or rule must be attached to the
petition.
SHERIFF'S OFFICE
f:\srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\SALE NOTICE3.doc 6/13/01
EXHIBIT A
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #B-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 264.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence atong the westerly side of Pennsylvania Route 114
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING.
CONTAINING 19,812 square feet.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
Exhibit A - Page 1
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 secon3s East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 27'4.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47' feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr,, aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,605.29 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 2
EXHIBIT B
u s POSTAL SERV~OE CERTIFICATE OF MAILING/~
oviDE EOR INSURA.C.POETMASTER
Received F ....
WIX, WENGER & WEIDNER
P. O. BOX 845
508 NORTH ~COND STREET
Onepieceofordinarymailaddressedto:__~~ -- --.--' ~'e~'a ~ ~
I~AD. iNG~, PA ].9602
PS Form 3817, Mar, 1989
GPO : 1993 O - 151-051
F.m"..AL ~
[~l~l'rala-~rJ~fll'A. PA 19106
PS Form 3817, Mar. 1989 GPO : 1993 o - 151-051
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in ~tamps
or meter postage and
PROVIDE FOR INSURANCE--POSTMASTER - ~'
WiX, WENGER & WEIDNER
508 NORTH .(~FCOND STREET
U.S, POSTAL SERVICE CERTIFICATE OF MAILING
MAY gE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
P~OVIDE FOR INSURANCE--POSTMASTER
WIX, WENGER & WEIDNER
P. O. BOX 845
508 NORTH ~ECOND STREET
HARRISBURG, PA. 17108
HBCIIA,N~CS~I~G, PA *ITOE~
PS Form 3817, Mar. 1989 GPO : 1993 O - 151-o51
fee stamps
ma . nquire of
Post;~follr( current
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER
Received From:
WIX, WENGER & WEIDNER
P. O. BOX 845
508 NORTH SECOND STREET
HARRISBURG, PA. 17108
One piece of ordinary mail addressed to:
CAR~r~-~ PA 1~013
Affix~e he amps
~ or ri~ar end
post~ark uire of
PS Form 3817, Mar. 1989
GPO : 1993 0 - 151-051
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
: IN MORTGAGE FORECLOSURE
ACCEPTANCE OF SERVICE
I, Wendy WeikaI-Beauchat, Esquire, hereby accept service of Petitioner's
Petition to Fix Fair Market Value and Order setting a hearing on said Petition in this
case on behalf of the Respondents and certify that I am authorized to do so.
Respectfully Submitted,
Beauchat & Beauchat
Date:
By:
Wendy WeikaI-Beauchat, Esquire
63 West High Street
Gettysburg, PA 17325
Attorneys for Respondents
F:~srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FMV ACCEPTANOE2.doc
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Respondents
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
;
..
: NO. 01-1311
: IN MORTGAGE FORECLOSURE
STIPULATION OF PARTIES
AND NOW, come Petitioner and Respondents, by and through their respective
undersigned counsel, and enter into this Stipulation of Parties, stating the following:
1. Petitioner filed its Petition to Fix Fair Market Value (the "Petition") in this case on
June 12, 2001.
2. In its Petition, Petitioner alleged that the fair market value of the subject property,
which is unimproved farmland and is more specifically described in the Petition,
and the attached legal description (the "Real Estate"), was $201,800.00 as of the
date of the mortgage foreclosure sale that occurred on June 6, 2001.
3. Respondents filed their answer to the Petition on or about July 23, 2001.
4. In their answer, Respondents admitted all of the paragraphs of the Petition,
including Petitioner's allegation of value.
5. Because there is no dispute between the parties as to the fair market value of
the Real Estate as of the date of the foreclosure sale, Petitioner is entitled to an
Order fixing the fair market value of the Real Estate at $201,800.00.
6. The undersigned counsel for Petitioner and Respondents certify to this Court
that they each have authority to enter into this Stipulation on behalf of their
respective clients.
/
508 rth Second Street
P.O. Box 845
Harrisburg, PA 17101
Attorneys for Petitioner
Date:
Respectfully Submitted:
Beauchat& Beauchat
By: ~
Wendy WeikaI-Beauchat
63 West High Street
Gettysburg, PA 17325
Attorneys for Respondents
Date: -~/z¢/ol
F:\srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\FMV STIP2.doc
LEGAL DESCRIPTION
TRACT NO. 1
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(T-611) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390,00
feet to a point in said Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 40 seconds East, 1761.50 to a steel rod;
thence North 67 degrees 30 minutes 55 seconds East, 331.86 to a point, the place of
BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing E-543.
F:~srw~5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\TRACT NO 1 legal.doc
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Respondents
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 01-1311
:
IN MORTGAGE FORECLOSURE
ORDER
AND NOW, this ,~'3 day of ~ ,2001, upon consideration of
Petitioner's Petition to Fix Fair Market Value of Real Estate and the Answer thereto filed
by Respondents, which admits the fair market value of the Real Estate, and the
attached Stipulation of the Parties, it is hereby ORDERED, DECLARED and DECREED
that the fair market value of the Real Estate, as defined in Petitioner's Petition to Fix
Fair Market Value of Real Estate, is set at $201,800.00 as of June 6, 2001, the date of.
the foreclosure sale. It is further ORDERED that the hearing previously scheduled to
occur on August 10, 2001 in this matter is cancelled. '?
Edward E. Guido, Judge
F:~srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS~FMV ORDER2.doc
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. ~, II GRANTOR
RETAINED ANNUITY TRUST,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 01-i311
GEMINI EQUIPMENT COMPANY, :
INC., n/k/a GEMINI EQUIPMENT :
BUSINESS TRUST and MANN :
REALTY ASSOCIATES, INC., :
Respondents :
IN MORTGAGE FORECLOSURE
AND NOW,
n/k/a Gemini
Inc, by and through their counsel, Beauchat & Beauchat,
this Answer, stating the following:
ANSWER OF RESPONDENTS TO PETITION
TO FIX FAIR VALUE OF REAL ESTATE
come Respondents, Gemini Equipment Company, Inc.,
Equipment Business Trust and Mann Realty Associates,
and file
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
Respectfully Submitted,
Beauchat & Beauchat
By:
Wendy Weikal-Beauchat, Esquire
63 West High Street
Gettysburg, PA 17325
Attorneys for Respondents
Date:
SUSAN R. ~, TRUSTEE,
ROBERT M. ~, II GRANTOR
RETAINED AA!NUITY TRUST,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v, : NO. 01-1311
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT :
BUSINESS TRUST and MANN :
REALTY ASSOCIATES, INC., :
:
Respondents :
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I certify that the foregoing Answer was sent by United
States first class mail, postage prepaid, this day to the
following:
Steven R. Williams, Esquire
Wix, Wenger & Weidner
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Attorneys for Petitioner
Respectfully Submitted,
Beauchat & Beauchat
Date:
By: ~'~
Wendy Weikal-Beauchat, Esquire
63 West High Street
Gettysburg, PA 17325
Attorneys for Respondents
STATE OF PENNSYLVANIA, t
COUNTY OF CUMBERLANDt ss.
Robert P Ziegler
.............................................................................. Recorder of
Deeds in and for said County and State do'herr-by certify that the SherifFs Deed in which
Robert M Mumma II Trust Tr
.................................................................................... is the grantee
6th
the same having been sold to said grantee on the ............................................... day of
June 01
........................................ A. D., 7 ..... , under and by virtue of a writ
Execution 14th
................................................ issued on the .....................................
March 01
day of .......................... A.D., ..... ~ out of thc Court of Comman Pleas of said County as of
Civil 01
.................................................................................. Term,
Numbe 1311 . . Susan R Muu~a Tr for Robert M Mumma. II Grantor
r .............. , at t~e suit ot .......................................... Jg~-CaiTmrd - ~iit,~iq~Jr -Trust
................................... s~gainst _ _ _G_e= _m_i_n_i_ _ _E_q_u_i_l~_m_e_n_ t_ _ _G_°_ _ _i_ny_ ~ b~_ ~½~ _ ~Z ~ ~ t
Business Trust & Mann Realty Assocs Inc
duly recorded in SherifFs Deed Book No. _ __2__4_6_ ..... , Page .... _8_4_9_ .....
IN TESTIMONY WHEREOF, I have hereunto
set my h.and and seal of said office this _.-/_~_._'~____ day
Susan R. Mumma, Trustee
Robert M. Mumma, II, Grantor
Retained Annuity Trust
VS
Gemini Equipment Company, Inc. n/k/a
Gemini Business Trust and Mann Realty
Associates Inc.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2001-1311 Civil
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, says on
April 17, 2001 at 6:00 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice
Poster and Description on the property of Gemini Equipment Company Inc., n/k/a
Gemini Equipment Business Trust and Mann Realty Associates, Inc. located in Upper
Allen Township(3 tracts of land) Cumberland County, Pennsylvania, according to law.
Patricia Shatto, Deputy Sheriff, who being duly sworn according to law, says on
March 23, 2001 at 3:50 o'clock PM EDST, she served a tree copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon one of the within named
defendants to wit: Gemini Equipment Company Inc,, rffk/a Gemini Equipment Business
trust, by making known unto Robert Mumma, authorized agent, at the Cumberland
County Sheriff's Office, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and attested copies of the same.
Patricia Shatto, Deputy Sheriff, who being duly sworn according to law, says on
March 23, 2001 at 3:50 o'clock PM EDST, she served a true copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon one of the within named
defendants to wit: Mann Realty Associates, Inc. by making known unto Robert Mumma,
authorized agent, at the Cumberland County Sheriff's Office, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and attested copies of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he
served the above Real Estate Writ Notice Poster and Description in the following
manner: The Sheriff mailed a pendency of the action to one of the within named
defendants to wit: Gemini Equipment Company, Inc., n/k/a Gemini Equipment Business
Trust by regular mail to their last known address, PO Box 58 Bowmansdale, PA. This
letter was mailed under the date of April 18, 2001 and never returned to the Sheriff's
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he
served the above Real Estate Writ Notice Poster and Description in the following
manner: The Sheriffmailed a pendency of the action to one of the within named
defendants to wit: Mann Realty Associates, Inc. by regular mall to their last known
address, PO Box 58 Bowmansdale, PA. This letter was mailed under the date of April
18, 2001 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises ( Tract 1) at public venue or outcry at the Court House, Carlisle, Cumberland
County, Pennsylvania, on June 6, 2001 at 10:00 o'clock A.M., E.D.S.T. and sold Tract 1
for the sum of $1.00 to Attorney Steven R. Williams for Susan R. Mumma, Trustee,
Robert M. Mumma, II, Grantor Retained Annuity Trust. It being the highest bid and the
best price received for the same Susan R, Mumma, Trustee, Robert M. Mumma, II,
Grantor Retained Annuity Trust, of Box E Bowmansdale, PA, being the buyer in this
execution paid R. Thomas Kline, the sum of $2500.00 it being costs.
R. Thomas Kline, who being duly sworn according to law, says that tract 1-A and
Tract 2 of this writ are returned stayed.
SherifFs Costs
Docketing 30.00
Poundage 49.01
Posting Bills 45.00
Advertising 45.00
Auctioneer 10.00
Acknowledging Deed 30.00
Law Library .50
County 1.00
Mileage 7.44
Certified Mail 3.06
Levy 45.00
Surcharge 50,00
Law Journal 1,172.15
Patriot News 935.25
Share of Bills 25.09
Distribution of Proceeds 25.00
Sheriff's Deed 26.50
$2,500.00
paid by attorney
6-13-01
Sworn and subscribed to before me
This ~o -W-day of ~
2001
tary
R. Thomas Kline, Sheriff
By Deep y Sheriff
l, ck_33ot.
Sent by: wZ× WENGER WEJ:DNEq- 717234422,4; 03/19/01 12:43PMjJc~,r--4~ #276j~'aae 2/8
SUSAN R, MUMMA, TRUSTEE,
ROBERT M, MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
Vr
GEMINI EQUIPMENT COMPANY,
INC,, n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC,
Defendants
tN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
IN MORTGAGE FORECLOSURE
AI:I::IF)AVIT pLIR.CiIJANT TO RIJI F ~l~.q '1
Steve R. Williams, attorney for Susan R Mumma. Truslee, Robed M. Mumma, II
Grantor Retained Annuity Trust, Plaintiff in the above action, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the
real properly located at:
_T.r. ac.,bl. -Described on a survey prepared by Adams County Surveyors, dated
February 14 1985, known as Drawing B-D43.
Zr_acJ_lA -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272
Trent ? - Described as Lot i on the Subd!vision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
1. Name and address of owner(s) or reputed owner(s):
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Assoc,a[es, Inc.
Box E
BowmansdaJe, PA 17008
~R~ 19 2~1 13:~1 7172344224 PAGE.02
Sent by: w:× WEN6ER WEZDNER- 7~72344224; 03/~9/01 !2:43¢M~Jetl~-,dX #278jPage 3/8
2 Name and address of defendant(s} ~n the judgment:
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
N/A
4 Name and address of the last recorded holoer of every mortgage of record:
Susan R. Mumma, Trustee, Robert M. Mumma, II,
Grantor Retained Annuity Trust
244 North Lewisberry Road
Bowmansdale, PA 17008
CoreStates Bank, N.A., n/k/a
First Union Bank
600 Penn Street, Third Floor
Reading, PA 19602
CoreStates Bank, N.A., n/k~a
First Union Bank
Legal Depar[ment
5"' :4nd Market Street
Philadelphia, PA 19106
5. Name and address of every other person who has any record lien on the
property:
N/A
Seq'~ by: W-~X WE'~G~'~ WETDNEq- 7!723442~4j ~ 03/19/01 '2:43PMjJet~-dX #276jPage 4/8
Name and address of every other person who has any record interest in the
prope~y and whose interest may be affected by the sale:
Marlin Yohn
Upper Alien Township Tax Collector
8 Hickory Lane
Mechanicsburg, PA 17055
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
7 Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
N/A
I verify that tl~e statements made in this Affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S, § 4904 relatlr}~l to urtsworn
falsffication to authorities
WI.~//R & WEIDNER,
:)ate: ~ ~ ¢,[,, ~' Ste~.¢ R, w,~liams
F:~srw~SS3 (MUMMA)\10470 (GRAT FOR~CLO$[JRE)IDOCUMENTS~AFFIO PURSUANT T0 3129 ~ doc
Sent by: WZX WENGER WE_DNEq- 7172344.;.2.,t; , 03/19/01 '2:.43PMj,~e~ #276;=age 5/8
EXHIBIT A
M~R 19 20~1 13:82 7172344224 =RGE.05
,2344~_,_-, 03/lg/01 12:43~M;Je~lx #276;=8ae 6/8
Sen~ by: WIX WE~GEq WEIDNEa- 7~-7 ~. , v
TRACT NO. I
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania. more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(Tmol 1 ) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 m~nutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
sr~own ~n the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811 60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3. South 84 degrees 30 minutes 50 seconds West, 596 02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing ~n
sa~d CreeK. North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a poinl;
thence conbnuing in said Creek North 72 degrees 28 minutes 30 seconds West 39000
feet to a point in sad Creek at corner of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 68 degrees 41 minutes 55 seconds East, 331.86 to a point, the
place of BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14 1985, Drawing B-D43.
TRACT NO. 1-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
CumberlanC County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20 1981, drawing #R-272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman. Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconos West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), Nodh 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25
feet southeasterly from tr~e center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
Exhibit A- Page 1
Sent by: WZX WE~0ER WEZDNEq- 7~723442~4; 03/19/01 12:44PMjJet~ #276j~age 7/8
and %611, Sou~ 55 degrees 58 mfnutes 10 seconds East. 109.94feetto the place of
BEGINNING.
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Pla~'~ Book 79, Page 73, which premises are bounded
and described as follows.
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisbum Road North 70 degrees 23 minutes 31 seconds East, tl~e distance of 425.25
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east t;qereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201 00 feet, an arc distance of 201.57 feet to a
point; t~ence continuing along LOt No 6, South 04 degrees 42 minutes 23 seconds
East. the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left whrch curve is subtended by a chord lying to tr~e
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
sui2tended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
aJong Lot No. 6, Nor'th 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance o¢
683.57 feet to a point at line of lands now or formerly of George H Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Naibandian; thence along same and also along lands of
Lupinaccl, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds EasL the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
Exnil~it A- Page 2
M~ i9 2881 13:82 ?172344224
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/Ida GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-1311
IN MORTGAGE FORECLOSURE
NCITI~.F OF ~HFRIFF'R ~AI F CJI= RFAI FS'FATF
PlIR.~IIANT TCJ
PFNN.~YI VANIA Rill F C)F CIVIL PRr'JcFI'ilIRI= ~'129 2
TAKF NC)TIC. F'
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: June 6, 2001
TIME: 10:00 a.m.
LOCATION:
Cumberland County Courthouse
Commissioner's Hearing Room - 2"4 Floor
I Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the property, together
with a brief mention of the buildings and any other major improvements erected on the
land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A).
THE LOCATION of the property to be sold is:
Tm~.t 1 -Described on a survey prepared by Adams County Surveyors, dated
February 14, 1985, known as Drawing B-D43.
~-Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
~.ac.L2 - Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
THE JUDGMENT under or pursuant to which the property is being sold in
docketed in the within Commonwealth and County to:
No. 01-1311
THE NAME OF THE OWNER OR REPUTED OWNER of this property is:
Mann Realty Associates, Inc., successor to Gemini EqQipment Company,
Inc., n/k/a Gemini Equipment Business Trust.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the
sale received and to be disbursed by the Sheriff (for example, to banks that hold
mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this
County not later than thirty (30) days after the sale and distribution of the proceeds of
sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the sheriff
of the Court of Common Pleas of the within County at the Courthouse address specified
herein.
THIS PAPFR IS A NOTICE OF THF TIMF AND PI ACF OF THF SAI F OF
WITHIN DFSCRIRFD PROPFRTY.
IT HAS RFFN ISStIFF) RFCAIJ~F THFRF IS A,IIJI~C~MFNT AGAINST YOII.
IT MAY CAIISF YOUR PROPFRTYTO RF HEI I'). TO BF SOl D OR TAKFN TO
PAY THF .Il IF)GMFNT.
You may have legal rights to prevent your property from being taken away. A
lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVISE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or the procedure used against
you.
2. After the Sheriff's Sale, you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for
other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of the within
County. The petition must be served on the attorney for the creditor or on the creditor
before presentation to the court and a proposed order or rule must be attached to the
petition.
SHERIFF'S OFFICE
F:~srw\5893 (MUMMA)\10470 (GRAT FORECLOSURE}\DOCUMENTS\SALE NOTICE2.doc
EXHIBIT A
TRACT NO. 1
ALL THAT certain parcel or tract of agricultural land situate in Upper Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a nail marking the intersection of the center lines of McCormick Road
(%611 ) and Pennsylvania Route 114, also a public road leading from Bowmansdale to
Lisburn; thence in the center line of said McCormick Road, South 7 degrees 50 minutes
10 seconds East, 258.14 feet to a nail; thence along a northern line of Tract No. 3 as
shown in the survey hereinafter mentioned, South 66 degrees 22 minutes 00 seconds
West, 811.60 feet to a point; thence along the western line of said Tract No. 3, South 02
degrees 29 minutes 30 seconds East, 1498.00 feet to a post; thence continuing along
said Tract No. 3, South 84 degrees 30 minutes 50 seconds West, 596.02 feet to a point;
thence continuing along a western line of Tract No. 3, South 00 degrees 38 minutes 50
seconds East, 312.88 feet to a point in the Yellow Breeches Creek; thence continuing in
said Creek, North 75 degrees 19 minutes 30 seconds West, 271.69 feet to a point;
thence continuing in said Creek, North 72 degrees 28 minutes 30 seconds West 390.00
feet to a point in said Creek at comer of land now or late of Jerry T. Simpson; thence
along said Simpson land, North 02 degrees 11 minutes 40 seconds West, 1421.27 feet
to a pin at or near the southern right of way line of Conrail (formerly the Reading
Railroad); thence North 66 degrees 41 minutes 55 seconds East, 331.86 to a point, the
place of BEGINNING.
CONTAINING 50.995 acres of agricultural land in accordance with a survey prepared
for Spencer Gilbert Nauman, Jr., et al., by Adams County Surveyors, dated February
14, 1985, Drawing B-D43.
TRACT NO. I-A
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described according to a survey plan
made by Adams County Surveyor, J. Riley Redding, Registered Surveyor, 22361-E,
dated July 20, 1981, drawing #R~272, as follows, to wit:
BEGINNING at a steel rod along the westerly side of T-611 and lands of Spencer G.
Nauman, Jr., et al; thence along lands of same, South 67 degrees 30 minutes 55
seconds West, 314.82 feet to a steel rod in lands formerly of Reading Company now
Consolidated Rail Corporation (Conrail); thence by lands of the same and radial to the
center line of the eastbound tracts formerly of Reading Company now Consolidated Rail
Corporation (Conrail), North 30 degrees 46 minutes 10 seconds West, 44.00 feet to a
steel rod; thence northeastwardly and parallel to and 25 feet from the center line of said
tracks by a curve to the left having a radius of 3471.02 feet, an arc distance of 265.00
feet, a chord of North 57 degrees 02 minutes 35 seconds East, 364.92 feet to a point 25
feet southeasterly from the center line of said tracks and near the westerly side of
Pennsylvania Route 114; thence along the westerly side of Pennsylvania Route 114
Exhibit A- Page I
and T-611, South 55 degrees 58 minutes 10 seconds East, 109.94 feet to the place of
BEGINNING,
TRACT NO. 2
ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, Identified as Lot No. 1 on a Subdivision Plan
recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded
and described as follows:
BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of
lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East
Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.25
feet to a point at line of Lot No. 6 on the aforesaid subdivision plan; thence along same,
along the arc of a 25.00 foot radius curve to the left which curve is subtended by a
chord lying to the east thereof and which chord has a bearing South 25 degrees 23
minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27
feet to a point; thence continuing along Lot No. 6, South 19 degrees 36 minutes 29
seconds East, the distance of 196.72 feet to a point; thence along same, along the arc
of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to
the west thereof and which chord has a bearing South 12 degrees 09 minutes 26
seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a
point; thence continuing along Lot No. 6, South 04 degrees 42 minutes 23 seconds
East, the distance of 200.74 feet to a point; thence along same, along the arc of a
325.00 foot radius curve to the left which curve is subtended by a chord lying to the
north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds
East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point;
thence along same, along the arc of a 725.00 foot radius curve to the left which curve is
subtended by a chord lying to the north thereof and which chord has a bearing North 84
degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc
distance of 469.60 feet to a point; thence continuing along Lot No. 6, North 66 degrees
12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing
along Lot No. 6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72
feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and
also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of
683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along
same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a
point at line of lands of Gary L. Nalbandian; thence along same and also along lands of
Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet
to a point at line of lands now or formerly of Miscikowski; thence along same, South 15
degrees 11 minutes 60 seconds East, the distance of 531.07 feet to a point at line of
lands now or formerly of Thomas French; thence along same, South 19 degrees 54
minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing
along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet
to a point in the bed of McCormick Road; thence along same, South 71 degrees 55
minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing
Exhibit A - Page 2
along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet
to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds
West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip
Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the
distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59
minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or
formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38
seconds West, the distance of 247.19 feet to a point at Fine of lands now or formerly of
DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the
distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00
minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of
lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North
01 degrees 00 minutes 48 seconds West, the distance of 1,631.67 feet to the point and
place of BEGINNING.
CONTAINING 113.844 acres of land.
Exhibit A - Page 3
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF c',~*-I ~
To satisfy the debt. interest and costs due
Grantor Retained Annuity Trust
WRIT OF EXERTION and/or ATTACHMENT
NO. nl-lqll CIVIL ~ TE, R~I
CIVIL ACTION - LAW
COUNTY:
Susan R. M~"m~a. Trustee. Robert M. Mumma. II.
PLAINTIFF(S)
from Gemini EQuipment CcmDanv, Inc. n/k/a G~nini EQuipment Business Trust and Mann
Realty Associates, Inc. Box E Bowmansdale, Pa. 17008
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
As specifically identified on Exhibit A hereto
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or lot the account ot the defendant(s) and from delivering any properly of the defendant(s) or otherwise disposing
thereot;
(3) If propertyol the defendant(s) not levied upon an subject to attachment islound inthe 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 $563,53?. 58 L.L. $0.50
nSt148,537.06 plus per diem of $185.27
erest fr~, 3/1/01 Due Prothy 1 .r)(]
Atty's Comm % $?R, 176 62 Other Costs
Arty Paid 72.00
Plaintiff Paid
Date: MARCH 14, 2001
by:
REQUESTING PARTY:
Name ,q~PvPn R. W~lllam~, ~R~ql~3~P
Address: 508 North Second Street, P. O. Box 845
A~0rney f0r~ p]mfin~ F~
Telep~ne: (717) 734-4182
Supreme Cou~ ID No. 62051
Curtis R. Long
Prothonotary, Civil Division
Deputy
REAL ESTATE SALE No.~,/
~. ~ /~2001 tr, esnerm~ev~eouponm~ue~,,,
interest in the real o~,.~..~1 $,:h.w~L ~',~ ff~-~4 ~,~//2.~e.~/-'---~
Cumberland Count~, Pa, ~,~°~'~ a~ ,~r. oered as:
this writ and by this referer]c~, ,,curporated herein.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA.'
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
APRIL 27, MAY 4, 11, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~ ~TA"X'E ~ NO. 57
Writ No. 2001-1311 Civil
Susan R. Murnma, Trustee,
Robert M. Mumma, II Grantor
Retained Annuity Trust
VS.
Gemini Equipment Company, Inc.,
n/k/a Gemini Eqnipment
Business Trust and
Mann Realty Associates, Inc.
Atty.: Steven R. Williams
EXHIBIT ~A"
TRACT NO. 1
ALL THAT certain parcel or tract
of agricultural land situate In Up-
per Allen Township, Cumberland
County, Pennsylvania, more par-
ttcularly bounded and described as
follows:
BEGINNING at a nail marking
the intersection of the center lines
of McCormick Road (T-611) and
Pennsylvania Route 114, also a pub-
Itc road leading from Bowmansdale
Ro~~,, E~it or~''
SWORN TO AND SUBSCRIBED before me this
11 dayof MAY, 2001
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The
Patriot-News and The Sunday Patriot-News newspapers of 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
their regular daily and/or Sunday/ Metro editions which appeared on the 24th day(s) of April and the 1st and 8th
day(s) of May 2001. 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~ Mi,~cellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S A L E #$7
Sworn to and subscribe~l before me this 21st day//~'f Ma)f'"~01 A.D.
T~ L Ru~II, N~ p~l
~u~,Da~n~un~ ' T kl~A~v PH~/I~
My Commissi~ E~lfeS Ju~ ~ ~ ~ ............
' _ ~ ~ . .................. ~ommissi0n expires June 6, 2002
CUMBERED COU~ SHERI~S ~FICE
CUMBERED COU~ COUR~SE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
I hereto on the above stated dates $ 933.75
~ Probating same Notary Fee(s) $ 1.50
I Total $ 935.25
)
iblisher's Receipt for Advertising Cost
~ iblisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
.~ceipt of the aforesaid notice and publication costs and certifies that the same have
STATE OF PENNSYLVANIA, ~
COUNTY OF CUMBERLANDf ss.
Robert P Ziegler
I, .............................................................................. Rccerder of
Deeds in and for said County and Statc do'hereby certify that the Sheriff's Deed in which ................
Mann Realty Associates Inc
.................................................................................... is thc grantee
the same having been sold to sa~d grantee on the ............. _5_t__h .............................. day of
........ -~e,l;'~.-e~-I:~r- .................... A. O., ...200[_ .... , under and by virtue of a writ ..............
Execution
................................................ issued on the ............ L~ .......................
June 2001
day of .......................... A.D., ..... ~ out of the Court of Comman Pleas of said County'as of
Civil
.................................................................................. Tcnn, ' 2 O_0_L _ _
· 1311
Number .............. , at thc suit of _ _ _ ~.1~.~0_ ~_ 3~ _u_n~_ _a_ _ T!_u_s_t_ _e_e_ _~_o_ _b_e_r_t_ _ ~_ _M_u_ _m~_ _a_ _ ~_ _~ _ _Gl_ _a?_t.o_r_ _ _ _
Retained Annuity Trust
~inst Gemini E~u.~ment Co Inc n/k/a Gemini Equipment
Business Trust & Mann Realty Associates %nc
duly recorded in SherifFs Deed Book No. __2_4_8_ ....... , Page ---~--~-~-~_ .....
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of sa~d offlcc this _____~..~ .... day
o, ................ D.,
Recorder of Deeds
Susan R. Mumma, Trustee, Robert M.
Mumma, II, Grantor Retained ABIluity
Trust
VS
Gemini Equipment Co., Inc., n/k/a
Gemini Equipment Business Trust, and
Mann Realty Associates, Inc.
In q~he Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2001-1311 Civil Term
Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that
on July 30, 2001 at 3:45 o'clock P.M., EDST, she served a tree copy of the within Real
Estate Writ, Notice, Poster and Description in the above entitled action upon one of the
within named defendants, to wit: Gemini Equipment Co., Inc., n/k/a Gemini Equipment
Business Trust, by making known unto Attorney Glen Smith, Attorney for defendant, at
The Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, Cumberland
County, Pennsylvania 17013, its contents and at the same time handing to him personally
the said tree and attested copy of the same.
Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that
on July 30, 2001 at 3:45 o'clock P.M., EDST, she served a true copy of the within Real
Estate Writ, Notice, Poster and Description in the above entitled action upon one of the
within named defendants, to wit: Mann Realty Associates, Inc., by making known unto
Attorney Glen Smith, Attorney for defendant, at The Cumberland County Sheriff's
Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013, its
contents and at the same time handing to him personally the said true and attested copy of
the same.
David McKinney, Deputy Sheriff, who being duly sworn according to law, states
that on July 06, 2001 at 6:48 o'clock P.M., EDST, he posted a true copy of the within
Real Estate Writ, Notice, Poster and Description in the above entitled action upon the
property of Gemini Equipment Co., Inc., n/k/a Gemini Equipment Business Trust and
Mann Realty Associates, Inc. located at a lot in Upper Allen Township, Cumberland
County, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action to one of the within named
defendants, to wit: Gemini Equipment Co., inc. n/k/a Gemini Equipment Business Trust,
by regular mail to their last known address of Box E, Bowmansdale, PA 17008. This
letter was mailed under the date of July 30, 2001 and never returned to the Sheriff's
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action to one of the within named
defendants, to wit: Mann Realty Associates, Inc, by regular mail to their last known
address of Box E, Bowmansdale, PA 17008. This letter was mailed under the date of
July 30, 2001 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County,
Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same
for the sum of $21,000.00 to Attorney Steven Williams for Mann Realty Associates, Inc..
It being highest bid and best price received for the same, Mann Realty Associates, Inc. of
Box E, Bowmansdale, PA 17008, being the buyer in this execution, paid SheriffR.
Thomas Kline the sum of $10,156.30.
Sheriff' s Costs:
Docketing $ 30.00
Poundage 420.00
Posting Handbills 30.00
Advertising 30.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
Prothonotary 1.00
Mileage 8.45
Certified Mail 2.42
Levy 30.00
Surcharge 40.00
Law Journal 939.65
Patriot News 701.82
Share of Bills 25.66
Distribution of Proceeds 25.00
Sheriffs Deed 26.50
$2,350,50 paid by Mann Realty Assoc., Inc.
10-05-01
Sworn and Subscribed to Before Me So ~Ans~ers;,
This ~/.~- Day of
R. Thomas Kline, Sheriff
2001,A.D. ~?rothonotary
Real Estate Deputy
WRIT OF EXECUTION and/or A'I-I'ACHMENT
NO.
01~1311 CIVIL 19
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA) ,. ·
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt. interest and costs due Susan R. Mumma, Trustee, Robert M. Mumma,
II, Grantor Retained Annuity Trust PLAINTIFF(S)
from Gemini Equipment Co, Inc., n/k/a Gemini Equipment Business Trust, and
Mann Realty Associates, Inc., Box E, Bowmansdale PA 17008.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located
on Tract No. 1-A and Tract No. 2 in Upper Allen Twp., Cumberleand Co.
PA (See attached legal description.)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the posseseion of __
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or tot the account ol the defendant(s) and from delivering any property ol 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 hinVher that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due_ $559,174.73 L.L_
$1,296.89 plus $183.84/diem from 6/14/D%1e
Interest
Prothy
$1.00
Atty's Comm. % Other Costs _
Atty Paid $2584.50
Plaintiff Paid_
Date: June 13, 2001
REQUESTING PARTY:
Name _ Steven R. Williams, Esq.
Address: 508 N. Second St., PO Box 845
Attorney for:
Telephone:.
Supreme Court ID No.
Harrisburg PA
Plaintiff
(717) 234-4182
62051
17108 0845
CURTIS R. LONG
Prothonotary, Civil Division
Deputy
tntere~! in the real properly situated In LJ/~ ,z~ ~ ~7o~D.
Gumbedand Gol, lnty, Pa., know~, ~ncl numbered as:~t'F('/ ~/~ ~ '~-~'/~Z
/' X~ ~ and more fully Oescribed on Exhibit "A" filed wi~r
this writ and by this reference incorporated hm'~tn.
SCHEDULE OF F~IgTRIBUTION
SALE NO. 54
Writ No. 2001-1311 Civil Term
Susan R. Mumma, Trustee, Robert M. Mumma, II
Grantor Retained Annuity Trust
VS
Gemini Equipment Co., Inc., n/k/a Gemini
Equipment Business Trust, & Mann Realty
Associates, Inc.
Filed October 5, 2001
Date of Sale:
Buyer:
Bid Price:
September 05, 2001
Mann Realty Associates, Inc.
$21,000.00
Real Debt $559,174.73
Interest 16,555.61
Attorney writ costs 2,584.50
Total $578,314.84
Distribution
Amount Collected
Legal Search
Sheriff's Costs
Local Transfer Tax
State Transfer Tax
$10,156.30
200.00
2,350.50
3,802.90
3,802.90
So Answers:
R. Thomas Kline, Sheriff
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 54
Held Wednesday, September 5, 2001 Date: September 5, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated ,2001, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Gemini Equipment Business Trust by deed dated
March 23, 2001 and recorded March 23, 2001 in the Office of the Recorder of Deeds in and for
Cumberland County at Carlisle, Pennsylvania in Deed Book 241, Page 453 granted and conveyed
to Mann Realty Associates, Inc.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbeds of S.R. 0114, known as Lisbum Road and
Township Road T-611, known as McCormick Road.
6. Conditions, easements and restrictions shown on or set forth on the Subdivision Plan
recorded in Plan Book 79 page 73.
7. Complaint filed by Susan R. Mumma, Trustee, as Plaintiff against Gemini Equipment
Company, Inc. and Mann Realty Associates, Inc. as Defendants in the Office of the Prothonotary
of Cumberland County to File No. 2001-1311. Judgment in the amount of $$740,246.27 entered
March 8,2001.
8. Conditions as shown on Plan for Gemini Equipment Company recorded in Plan Book
68 Page 120, and restrictions as set forth in Deed Book K Vol. 36 Page 554 (Lot 3 on Plan
of Gemini Equipment Company recorded in Plan Book 64 Page 149, also shown on Plan recorded
in Plan Book 68 Page 120, which conditions and restrictions may be imposed by implication on the
subject premises.
9. Conditions as set forth in Deed Book G Vol. 31 Page 1097
10. Rights of Pennsylvania Power and Light Company recorded in Misc. Book 457
Page 365.
11. Subject to Agreement recorded in Misc. Book 305 Page 1059.
12. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
13. Real estate taxes accruing on and after January 1, 2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
NRo°tbe :er tThOid TF~t~eY~eApgoTJhall not b~in g
until countersigned by an authorized signatory.
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY, :
INC., n/k/a GEMINi EQUIPMENT
BUSINESS TRUST and MANN :
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE[
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: September 5, 2001
TIME: 10:00 a.m.
LOCATION:
Cumberland County Courthouse
Commissioner's Hearing Room - 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the property, together
with a brief mention of the buildings and any other major improvements erected on the
land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A).
THE LOCATION of the property to be sold is:
Tract 1A -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
Tract 2 - Described as Lot I on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
THE JUDGMENT under or pursuant to which the property is being sold in
docketed in the within Commonwealth and County to:
No. 01-1311
THE NAME OF THE OWNER OR REPUTED OWNER of this property is:
Mann Realty Associates, Inc., successor to Gemini Equipment Company,
Inc., n/k/a Gemini Equipment Business Trust.
A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the
sale received and to be disbursed by the Sheriff (for example, to banks that hold
mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this
County not later than thirty (30) days after the sale and distribution of the proceeds of
sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the sheriff
of the Court of Common Pleas of the within County at the Courthouse address specified
herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
WITHIN DE,~CRIBED PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being taken away. A
lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVISE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same
Court if you are aware of a legal defect in the obligation or the procedure used against
you.
2. After the Sheriff's Sale, you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for
other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of the within
County. The petition must be served on the attorney for the creditor or on the creditor
before presentation to the court and a proposed order or rule must be attached to the
petition.
SHERIFF'S OFFICE
F:\$rw\5893 (MUMMA)\10470 (GRAT FORECLOSURE)\DOCUMENTS\SALE NOTICE3.cloc 6/~_3/0~_
SUSAN R. MUMMA, TRUSTEE,
ROBERT M. MUMMA, II GRANTOR
RETAINED ANNUITY TRUST,
Plaintiff
GEMINI EQUIPMENT COMPANY,
INC., n/k/a GEMINI EQUIPMENT
BUSINESS TRUST and MANN
REALTY ASSOCIATES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1311
: IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Steven R. Williams, attorney for Susan R. Mumma, Trustee, Robert M. Mumma,
II Grantor Retained Annuity Trust, Plaintiff in the above action, sets forth as of the date
the Praecipe for the Writ of Execution was flied the following information concerning the
real property located at:
Tract lA -Described on a survey prepared by J. Riley Redding, dated July 20,
1981, known as Drawing #R-272.
Tract 2- Described as Lot 1 on the Subdivision Plan recorded at Cumberland
County Plan Book 79, Page 73
as more specifically described in Exhibit A hereto.
1. Name and address of owner(s) or reputed owner(s):
Gemini Equipment Company, Inc.,
Gemini Equipment Business Trust
Box E
Bowmansdale, PA 17008
Mann Realty Associates, Inc.
Box E
Bowmansdale, PA 17008
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Ctunberland
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:
JULY 20, 27, AUGUST 3, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are tree.
REAL ~TATE $4~LE NO.
Writ No. 2001 1311 Civil
Susan R. Mumma, Trustee,
Robert M. Mumma, II Grantor
Retained Arlnuity Trust
VS.
Gemini Equipment Company. Inc..
n/k/a Gelnini Equipment
Business Trust and
Mann Realty Associates, Inc.
Atty.: Steven R. Williams
EXItlBIT "A'
TRACT NO. 1-A
ALL THAT CERTAIN tract or par-
cel of land situate in Upper Allen
Township, Cumberland County.
Pennsylvania, bounded and described
according to a survey plan made by
t~dams County Surveyor, d. Riley Red-
ding, Registered Surveyor, 22361
E, dated duly 20, 1981, drawing
#B-272, as follows, to wit:
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
, nOTn~O~<~, o~
THE PATRIOT NEWS
THESUNDAYL g ,TRIOT NEWS
Proof of Publication
UnderAct No. 587, Approvod May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L, Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The
Patriot-News and The Sunday Patriot-News newspapers of 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 24th and 31st day(s) of July and the 7th
day(s) of August 2001. 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
S A L E #54
201.57. fee~ lo a polar;' ~ ~
· Mere'ocr, ponflsyNa~a A$lO~atlon o~ N~nel~ My commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 700.32
$ 1.50
$ 701.82
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknow;edge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.