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HomeMy WebLinkAbout05-4936BEDROCK INVESTMENTS LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, Defendants NO. 05- /H34. CIVIL TERM ACTION IN EJECTMENT AND ACTION TO QUIET TITLE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the pleadings and Notice are served, filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any m oney claimed in the pleadings or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 Wayn6 F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff BEDROCK INVESTMENTS LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, Defendants : NO. 05- JW3b CIVIL TERM ACTION IN EJECTMENT AND ACTION TO QUIET TITLE COMPLAINT IN EJECTMENT AND ACTION TO QUIET TITLE 1. Plaintiff BEDROCK INVESTMENTS LLC, is a Pennsylvania limited liability I company whose principal office is located at 200 West Main Street, Suite 109, Lansdale, Pennsylvania 19446. 2. All of the Defendants HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS are adult individuals who presently reside at 65-67 Smithdale Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The real estate which is the subject of this action is known and numbered as the aforesaid 65-67 Smithdale Road, Shippensburg, Cumberland County, Pennsylvania 17257, and is described in Exhibit "A" which is attached hereto and made a part hereof. WAYNE F, SHADE Attorney at Law The parcel number of said real estate is 39-11-0308-005. 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. The present owner of said real estate is Plaintiff herein. An abstract of title showing how Plaintiff derived its title is attached hereto as Exhibit "B" and is made a part hereof. 5. The previous owner of the real estate in question was Defendant Herman L. Willis. 6. Defendant Herman L. Willis failed to pay real estate taxes on the subject real estate and this caused the real estate to be listed for a tax sale by the Tax Claim Bureau of Cumberland County which scheduled the sale for September 25, 2003. 7. The Tax Claim Bureau of Cumberland County, Pennsylvania gave all of the prior notices of tax sale required by law. It properly placed the advertisements of the sale in three newspapers in accordance with the legal requirements; it had personal service made upon Defendant Herman L. Willis by a deputy sheriff's giving actual prior notice of the sale; it posted notice of the sale on Defendant's real estate; and it mailed the requisite certified mail notification as required by law. All of the said notices were timely given in accordance with the lava, and the personal service and posting by the deputy sheriff were WAYNE F. SHADI Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 -2- accomplished on August 28, 2003, at or about 6:17 P.M. The personal service notice was handed to Defendant H :rman L. Willis at that time. 8. Prior to the said tax sale, the sole owner of the real estate in question, Defendant Herman L. Willis, received actual notice of the sale and had actual knowledge of the impending sale. 9. After the sale, all of the statutorily required notices were given by the Tax Claim Bureau. 10. Said Defendant ]-ailed to pay the delinquent taxes and failed to enter into an agreement to stay the sale. As a consequence, the Tax Claim Bureau of Cumberland County exposed the property in question to upset tax sale on September 25, 2003. 11. Plaintiff was the highest and best bidder at said tax sale having bid $114,000. 12. The amount necessary to pay all delinquent and unpaid real estate taxes, costs and other charges of the Tax Claim Bureau amounted to $17,325.84 leaving a net balance WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 -3- from the $114,000 of $96,674.16 which was either paid or is payable to Defendant Herman L. Willis. 13. Subsequent to the said tax sale, the Tax Claim Bureau fully complied with §205(e) of the Real Estate Tax Sale Law, 72 P.S. §5860.101, et seq., by seeking confirmation of the sale and the proposed distribution by the court. On November 13, 2003, a Final Decree of Absolute Confirmation was entered. 14. As a result of the confirmation, the Tax Claim Bureau of Cumberland County by Tax Claim Bureau Deed dated December 1, 2003, conveyed the property in question to Plaintiff in fee simple. Said Deed was recorded on December 1, 2003, by the Cumberland County Recorder of Deeds in Deed Book 260, Page 2934. A copy of the same is attached hereto. made a part hereof and is marked Exhibit "C". 15. Plaintiff has asked all of the Defendants to pay rent or to move out of the property; and they have all refused to do either. 16. Fair rental value for the property in question is at least $1,725 per month. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- 17. Plaintiff is entitled to a minimum of $1,725 per month starting no later than December 1, 2003. 18. Plaintiff brings this action pursuant to Pa. R.C.P. § 1061(b)(3) and (4) to compel Defendant Herman L. Willis to admit the validity of the Tax Claim Bureau Deed to Plaintiff conveying the property in question to Plaintiff in fee simple and to obtain possession of the land sold at tax sale. Further, Plaintiff brings this action to obtain a judgment for exclusive possession of the entire property in ejectment against all Defendants named above pursuant to Pa. R.C.P. § 1051, et seq. WHEREFORE, Plaintiff requests the court to grant judgment in ejectment in favor of Plaintiff and against all Defendants for exclusive possession of the property in questioi and to enter judgment against Defendants, jointly and severally, in an amount not less than $1,725 per month starting on December 1, 2003, in favor of Plaintiff. Plaintiff also WAYNE F. SHAD] Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 -5- requests that judgment ,n Action to Quiet Title be entered in favor of Plaintiff confirmin€ the validity of Plaintiff's tax sale deed transferring title to Plaintiff in fee simple. Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- I, JACOB A. SINGER, verify that I am the sole member of Bedrock Investments LLC herein, that I make this verification on its behalf being authorized to do so and that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification tc authorities. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: September 21, 2005 BE] By: Tax Parcel No. 39-11-0308-005 Legal Description ALL THAT CERTAIN land with improvements thereon, known now or formerly as the Ocker Farm situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: NO. 1: BEGINNING at a white oak; thence North 46.75 degrees East 98.5 perches to a post; thence by land formerly of William Duncan, South 43 degrees East 125.8 perches to a post; thence by land formerly of Edward Golden, South 7.75 degrees West 99.75 perches to a stone; thence South 46.5 degrees West 17.5 perches to a post; thence by lands formerly of Edward Golden and Jacob Whitmore, North 44.25 degrees West 189 perches to the place of BEGINNING. Containing 99 acres and 14 perches. NO. 2: BEGINNING at a stone on corner of lands formerly of Baltzer Smith, et al; thence by land formerly of said Smith, South 46.75 degrees 99 perches to a white oak; thence along the Cumberland 'dalley Railroad, North 40.5 degrees East 99 perches to a stone; thence by land formerly of William Duncan's heirs, South 43 degrees West 11 perches to the place of BEGINNING. Containing 3 acres and 16.75 perches, strict measure. TOGETHER with the free and uninterrupted use, liberty and privilege of and passage in, over and along that certain strip of land beginning at a point in the Oakville Road and Middle Spring Road; thence across the lands now or formerly of Samuel and Margaret Pilgrim and along th,; land of the now or former George S. Noaker, 122 rods more or less, to that certain crossing over the Cumberland Valley Railroad Co. tracks at the lands of the now or former George W. Ocker and Ida E. Ocker, said strip of land being of the width of 17 feet, said use to be in common with the now or former Samuel and Margaret Pilgrim. The above right was granted to Robert M. Willis by deed dated March 31, 1938, and recorded in Miscellaneous Docket 69, Page 462. BEING the same tracts of land which Elizabeth R. Willis as the residuary legatee under the Will of Robert M. Willis of which is recorded in Cumberland County, Pennsylvania, Will Book 45, Page 423, granted and conveyed to Herman L. Willis in Deed Book 20, Volume "B", Page 418 which is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. EXHIBIT "A" Abstract of Title 1. Robert M. Willis received title by Deed dated March 15, 1938, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "V", Volume 11, Page 397. 2. Elizabeth R. Willis took title as the residuary legatee under the Last Will and Testament of Robert M. Willis, Deceased, which is recorded in the Office of the Register of Wills of Cumberland County, Pennsylvania, in Will Book 45, Page 423. 3. Herman L. Willis received title by Decree Awarding Real Estate dated November 22, 1960, in the Estate of Elizabeth R. Willis, Deceased, as recorded in Cumberland County Deed Book "B", Volume 20, Page 418. 4. The Tax Claim Bureau of Cumberland County, Pennsylvania, by Tax Claim Bureau Deed dated December 1, 2003, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 260, Page 2934, conveyed the property in question to Bedrock Investments LLC. EXHIBIT "B" T&4 C 16['(m `uPsj 3' PRICE SALE 7 "taint ,: o ,ERT P. ZIEGLER j+i:; it RDER Oi' DEEDS %,,D':RLAND COUNTY 13 jEC 1 Ail 10 03 er Z4i.i PPI? Made this ...1st.. day of ..............December ......... 20....03 between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee, Bedrock Investments, LLC of Landsdale Pennsylvania GRANTOR, and ........................................................... Grantee ifursod4, that in consideration of $ ..... .....: 5114 .:. , .. 000 ......: .00 ....: in hand paid;. receipt -V*"*ef 4 hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, -,,,their Southampton Township heirs and assigns, the certain premises situate in .......................................................................................... Cumberland County, Pennsylvania, as follows; 65 & 67 Smithdale Road 39-11-030&•005 " See Appendix A for Legal Description and transfer tax statemeut Herman L. Willis Owner or reputed owner as returned to said Bureau 67 Smithdale Road Shippensbum PA 17257 the same having been sold b the Tax Claim Roreau to the said 25th Y - grantee, on the ..........................•..... day September three of ......:........................................... Anno Domini two thousand and ........... .....,....... .......... after due advertisement according to law, the period of redemption for the payment of tax claims having expired without the property having been redeemed, or any tax judgements heretofore having been entered against the described property having not been satisfied, or no agreement to stay the sale of the within described property having been entered into, or the within described real estate no longer remaining in possession of a scquestrator, by Upset Price Sale. under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law), ,?2t Nifness pherPaf, said Grantor has hereunto caused this Deed to be executed by its mrector the day and year first above written, PENNSYLVANIA TAX CLAIM BUREAU OF CUMBERLAND COUNTY, PENNSYLVANIA, TRUSTEE By oodcs KAL) 'I AND ........... I....................... day of ... ZO.°..J Y 1-7 of the County of Cumberland. the nridersigned officer, personally appeared elis4a F. Mixon ........................r:. ,....,............................. Director of the Tax Claim Bureau of the County of Cumberland, Commonwealth of Pennsylvania, known to me to be the person described in the foregoing instrument and acknowledged that he, executed the same in the capacity therein stated and for the pur- poses therein contained. 3tt ARitttess Phereaf, I have hereunto set my hand and official) seat. 6 P$OTHUIdOTARY, NOTARY PllBtf? 0 ? ?? ? Cl 105 + ?'WUARY2I20 Ciertifiratr of Irnidritrr T hereby certify that the precise residence of the grantee herein is as follows; ............. ................... bedrock Investments, LIX 200 W. Main Street, Ste tt109, .Landsdale, PA 19446-2036 ............................................................................................. '60a>S 264 eACE2934 ....m .......... .. .- .................... Ste en n. Tile Cumberland County, Assistant Solicitor Signed, Sealed and Delivered in the presence of: EXHIBIT "C" Appendix A Tax Parcel No. 39-11-0308-005 Legal Description ALL THAT CERTAIN land with improvements thereon, known nor or formerly as the Ocker Farm situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: NO, I BEGINNING at a white oak; thence North 46.75 degrees East 98.5 perches to a post; thence by land formerly of William Duncan, South 43 degrees East 125.8 perches to a post; thence by land formerly of Edward Golden, South 7.75 degrees West 99.75 perches to a stone; thence South. 46.5 degrees West ITS perches to a post; thence by lands formerly of Edward Golden and Jacob Whitmore, North 44.25 degrees West 189 perches to the place of BEGINNING. Containing 99 acres and 14 perches. NO.2 BEGINNING at a stone on comer of lands formerly of Baltzer Smith, et a); thence by land formerly of said Smith, South 46.75 degrees 99 perches to a white oak; thence along the Cumberland Valley Railroad, North 40.5 degrees East 99 perches to a stone; thence by land formerly of William Duncan's heirs, South 43 degrees West 11 perohts ro th6- place of BEGINNING. Containing 3 acres and 16.75 perches, strict measure. TOGETHER with the free and uninterrupted use, liberty and privilege of and passage in, over and along that certain strip of land beginning at a point in the Oakville Road and Middle Spring Road; thence across the lands now or formerly of Samuel and Margaret Pilgrim and along the land of the now or former George S. Noaker, 122 rods more or less, to that certain crossing over the Cumberland Valley Railroad Co. tracks at the lands of the now or former George W. Ocker and Ida E. Ocker, said strip of land being of the width of 17 feet, said use to be in common with the now or former Samuel and Margaret Pilgrim. a. ., ; .... The above right.was granted to Robert M_ Willis by deed dated March 31, 1938 and recorded in Miscellaneous Docket 69, Page 462. BEING the same tracts of land which Elizabeth R. Willis as the residuary legatee under the will of Robert M. Willis of which is recorded in Cumberland County, Pennsylvania, Will Book 45, Page 423, granted and conveyed to Herman L. Willis in Deed Book 20, Volume B, Page 418:,which is recorded in the Office of the Recorder of Deeds in an for Cumberland County, Pennsylvania. Bodk 260 PAGE2936 iapio»?j ............................................... uauuM anoga a;gyp aq1 'aawo Piss aq3 Io Izas pus pmeq dtu Japs:n .aAlq ................. a2ta ............. .IoA ,....... ......... xoog paa0 u, "C;uno:) Pisa Io a3410 s,ioPI030 i a141 uc ...... ...................................................... joctp .............................................. sigl uo GIGH033?I 0t '0'd (INV'I2i3fi1QfI? .?O A.LATf10? VINVA'IASNN$d AO HLIY3MD1OXWO:) r^ CL N o W m d > R m Cl) m n ? o i m O pp, All Curai? ?;?? ?\ ?,1 Deeds ( 0 S ? a RF O^ GT O M, Ki aK ?',v e W C 7Y p .oW •.7 ?' 1 70 C, C Y ? ,•. . ? ? s ?)r ? of n Cf ["?'1 ? 0. C Wy + ? x J 4 sHi , TT jj ^e1 • ? o R1 :d' ? y ?jj -- -y C7 K {? J? rJ f! [[.. H T ?rt C • M ? ae T 35 260 PACE2"3 K B00 . 41 w -6' W V 44 W N SR H Yr-, r V N b d7 W d•. W ey o p tJi CQ GSA tT G/1 [•11 N W (T [4 s?- i?C. .:141 uv.0o ? °`' ?i 49) ?- ° = s i J -t Co SHERIFF'S RETURN - REGULAR CASE NO: 2005-04936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEDROCK INVESTMENTS LLC VS WILLIS HERMAN L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon HERMAN L the DEFENDANT , at 1648:00 HOURS, on the 26th day of September, 2005 at 67 SMITHDALE ROAD SHIPPENSBURG, PA 17257 by handing to HERMAN L WILLIS a true and attested copy of COMPLAINT - EJECTMENT together with ACTION TO QUIET TITLE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ?.? Service 14.40 Postage .37 Surcharge 10.00 R. Thomas Kline nn 42.77 09/27/20 WAYNE SH Sworn and Subscribed to before By: me this 3 day of (S A.D. Prot tar SHERIFF'S RETURN - REGULAR CASE NO: 2005-04936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEDROCK INVESTMENTS LLC VS WILLIS HERMAN L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon WILLIS the DEFENDANT , at 1647:00 HOURS, on the 26th day of September, 2005 at 65 SMITHDALE ROAD SHIPPENSBURG, PA 17257 by handing to LEONARD WILLIS, BROTHER a true and attested copy of COMPLAINT - EJECTMENT together with ACTION TO QUIET TITLE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3D_ day of A.D. Pr otary So Answers: R. Thomas Kline 09/27/2005 WAYNE SHADE By: eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEDROCK INVESTMENTS LLC VS WILLIS HERMAN L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon WILLIS the DEFENDANT , at 1647:00 HOURS, on the 26th day of September, 2005 at 65 SMITHDALE ROAD SHIPPENSBURG, PA 17257 by handing to LEONARD WILLIS a true and attested copy of COMPLAINT - EJECTMENT together with ACTION TO QUIET TITLE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of Prot hof ry So Answers: Thomas Kline 09/27/2005 WAYNE SHADE By: eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEDROCK INVESTMENTS LLC VS WILLIS HERMAN L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT S CAROLINE DEFENDANT the at 1647:00 HOURS, on the 26th day of September, 2005 at 65 SMITHDALE ROAD SHIPPENSBURG, PA 17257 by handing to CAROLINE WILLIS a true and attested copy of COMPLAINT - EJECTMENT ACTION TO OUIET TITLE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ?jo day of A.D. P of ry So Answers: R. Thomas Kline 09/27/2005 WAYNE SHADE By: D puty Sheriff was served upon BEDROCK INVESTMENTS LLC, Plaintiff V. HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4936 CIVIL TERM ACTION IN EJECTMENT AND ACTION TO QUIET TITLE PRAECIPE FOR DEFAULT JUDGMENTS TO: CURTIS R. LONG, PROTHONOTARY Please enter judgment in favor of Plaintiff and against all Defendants in the above matter in ejectment and for monetary damages against all Defendants, jointly and severally, in the amount of $39,675. Please also enter judgment confirming the validity of the Deed dated December 1, 2003, from the Sheriff of Cumberland County to Bedrock Investments, LLC as recorded in Cumberland County Deed Book 260, Page 2934. Date: November 2, 2005 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 BEDROCK INVESTMENTS LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 05-4936 CIVIL TERM HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, : ACTION IN EJECTMENT AND Defendants : ACTION TO QUIET TITLE NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Herman L. Willis 67 Smithdale Road Shippensburg, Pennsylvania 17257 Date of Notice: October 21, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO WAYNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania 17013 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE )'OU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Anenney at Law 53 West Pomfret Slree Carlisle, Pennsylvania 17013 BEDROCK INVESTMENTS LLC, Plaintiff V. HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4936 CIVIL TERM ACTION IN EJECTMENT AND ACTION TO QUIET TITLE NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Lloyd Willis 65 Smithdale Road Shippensburg, Pennsylvania 17257 Date of Notice: October 21, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO WAYNE F. SHADE Atfomey at law 53 West Pomfret Street Carlisle, P"nsylvanta 17013 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff W AYNE F. SHADE Attomey at law 53 West Pomfret Stree' Carlisle, Pennsylvania 17013 BEDROCK INVESTMENTS LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 05-4936 CIVIL TERM HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, : ACTION IN EJECTMENT AND Defendants : ACTION TO QUIET TITLE NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Leonard Willis 65 Smithdale Road Shippensburg, Pennsylvania 17257 Date of Notice: October 21, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO WAYNE F. SHADE Anomey at Law 53 West Pomfret St= Carlisle, Pennsylvania 17013 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Wayne F. ade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 BEDROCK INVESTMENTS LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 05-4936 CIVIL TERM HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, : ACTION IN EJECTMENT AND Defendants : ACTION TO QUIET TITLE NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Caroline Willis 65 Smithdale Road Shippensburg, Pennsylvania 17257 Date of Notice: October 21, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO WAYNE F. SHADE NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephony: 717-249-3166 e 1b. Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 fO ? n N n C?1 Ty cy C. ; Ila T i C)C? `. r_ fi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEDROCK INVESTMENTS LLC, Plaintiff V. HERMAN L. WILLIS 67 Smithdale Road Shippensburg, PA 17257 Defendant LLOYD WILLIS 65 Smithdale Road Shippensburg, PA 17257 Defendant LEONARD WILLIS 65 Smithdale Road Shippensburg, PA 17257 Defendant CAROLINE WILLIS 65 Smithdale Road Shippensburg, PA 17257 Defendant CUMBERLAND COUNTY TAX CLAIM BUREAU One Courthouse Square Carlisle, PA 17013 Garnishee ( ) Confessed Judgment ( ) Other - District Justice NO. 05-4936 CIVIL TERM Amount Due: $39,675.00 Interest from November 2, 2005 Attorney's Commission: Costs: PRAECIPE FOR WRIT OF EXECUTION WAYNF.. F. SHADE Attomey at law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 TO: Curtis R. Long, Prothonotary 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. Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs upon the personal property of Defendants and against the Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, Pennsylvania 17013, as Garnishee. WAYNE F. SHADE; Attornev at Law 53 West Pomfret Street Cadts{e, Vmnsyly m 17013 PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs, as above, directing attachment against the above-named Garnishee for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list): for all property of Defendants in the possession, custody or control of the said Garnishee. Date: February 3, 2006 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE: Attomey at Law 53 West Pomfret Street Cadtsle, Pennsylvania 17013 (7 ? ' ?J ?.> C c? ?1 ? L ? W i1? r - ?"`? r"' 4? y.? ` ' : z ? 1 ? ' Fa W ?3 "? ? ? '? ? ? ",.. . ry ?_ A : ? ? -- _.v . ? ?t 'T7 t ?" ?, , . -' C.T- r ?,1 ?_. ,?.? ? ?T F' jy?- '^_ . \S WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4936 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BEDROCK INVESTMENTS, LLC Plaintiff (s) From HERMAN L. WILLIS, 67 Smithdale Road, Shippensburg, PA 17257, LLOYD WILLIS, LEONARD WILLIS CAROLINE WILLIS 65 SMITHDALE ROAD, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell Personal Property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$39,675.00 LL$.50 Interest from November 2, 2005 Atry's Comm % Due Prothy $1.00 Any Paid $182.27 Other Costs Plaintiff Paid Date: February 3, 2006 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Wayne F. Shade, Esq. Address: 53 West Pomfret Street Carlisle PA 17013 Attorney for: Plaintif Telephone: 717-243-0220 Supreme Court ID No. 15712 BEDROCK INVESTMENTS LLC, Plaintiff v. HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4936 CIVIL TERM ACTION IN EJECTMENT AND ACTION TO QUIET TITLE PLAINTIFF'S MOTION FOR JUDGMENT UPON ADMISSION AND NOW, comes Plaintiff BEDROCK INVESTMENTS, LLC, by its attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: 1. Plaintiff BEDROCK INVESTMENTS LLC, is a Pennsylvania limited liability company whose principal office is located at 200 West Main Street, Suite 109, Lansdale, Pennsylvania 19446. 2. On November 2, 2005, Plaintiff obtained a judgment by default for monetary damages against all Defendants, jointly and severally, in the amount of $39,675. 3. On February 3, 2006, Plaintiff filed a Praecipe for Writ of Execution upon said judgment in this Courtand issued Interrogatories to Garnishee, the Cumberland County WAYNE F. SHADE Tax Claim Bureau. Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. On February 16, 2006, the Garnishee issued its Answers to Plaintiff s Interrogatories, an original counterpart of which is attached hereto and incorporated herein by reference as though fully set forth. 5. In its Answers to the Interrogatories to Garnishee, the Cumberland County Tax Claim Bureau admitted that it was holding $96,674.16 that are due and owing to Defendant Herman L. Willis as excess proceeds of the tax sale of real estate. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter the foregoing Order of Judgment Upon Admission and authorizing the Cumberland County Tax Claim Bureau to satisfy the judgment from assets of Defendant Herman L. Willis that are in the possession of the Cumberland County Tax Claim Bureau. Date: February 27, 2006 Gl/ 7 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- BEDROCK INVESTMENTS LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 05-4936 CIVIL TERM HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, : ACTION IN EJECTMENT AND Defendants : ACTION TO QUIET TITLE CUMBERLAND COUNTY TAX CLAIM BUREAU, Garnishee INTERROGATORIES TO GARNISHEE TO: Cumberland County Tax Claim Bureau and Stephen D. Tiley, Frey & Tiley, its attorneys You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a judgment may be entered against you by the court without further notice for any money claimed by Plaintiff against Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WAYNE F. SHADE Date: February 3, 2006 Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 1. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or riot you owed any Defendant any money; yG.r (b) Whether or not you were liable to any Defendant on any negotiable or other written instrument; or yam,- . xe zCav) I-Vi, rnor (c) Whether any Defendant claimed that you owed any Defendant any money or I were liable to any Defendant for any reason. 12!:51 2. If any of your responses to Interrogatory No. I above are in the affirmative, state, as follows: (a) The amounts which you owed any Defendant or which any Defendant claimed you owed; 7.9 (b) If there is, more than one Defendant, which Defendant you owed or were claimed to have owed; W AYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- t (c) The reasons why such sums were owed by you; (d) Whether or not the obligations creating the debt were in writing; and o2®D3 (e) The dates when such sums became owed by you. 3. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held legal title to any property of any nature which was actually legally or equitably owned solely or in part by any Defendant; Ae/ :7 (b) The fractional interests of all joint owners or custodians including yourself-, I.r/.#-,' WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 19013 -3- t (c) Descriptions of all such items and identifications as to any particular joint custody or ownership; ?1T /,-----(d) Values of each of such items; (e) Whether or not the items are encumbered; (f) If encumbered, the names and addresses of the encumbrance holders; (g) If encumbered, since when; (h) If encumbered, the amount of the initial encumbrance; (i) If encumbered, the amount of the present balance of the encumbrance; (j) If encumbered, whether or not such items were subjected to a security interest; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- (k) If subjected to a security interest, where and when the security interests were filed. 4/01- 4. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held as fiduciary any property in which any Defendant had an interest; ^10a1 elx, c ?r"Iilo 19 / fa t/ (b) Descriptions of all such items; (c) Values of each of such items; 11q- (d) Whether or not the items are encumbered; r/ fit' WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- If encumbered, the names and addresses of the encumbrance holders; (f) If encumbered, since when; (g) If encumbered, the amount of the initial encumbrance; 4/)r (h) If encumbered, the amount of the present balance of the encumbrance; (i) If encumbered, whether or not such items were subjected to a security interest; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cadisle, Penmsytvania 17013 and -6- 0) If subjected to a security interest, where and when the security interests were filed. Al? 5. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Any property which you transferred or delivered to any person or place in satisfaction of a claim which anyone had against any Defendant; (b) The dates of transfer; ,,.fGG A?H N ?L (c) The names and addresses of the transferees; ? Arr'.?s?fg'e? ?,¢ l95'yE - ozo?'6 (d) The family relationships, if any, to any Defendant of any such transferees; "/oW -.1 - WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 7- (e) Descriptions of all such items; (f) Values of each of such items; (g) Whether or not the items were encumbered; If encumbered, the names and addresses of the encumbrance holders; (i) If encumbered, since when; 0) If encumbered, the amount of the initial encumbrance; WAYNE F. SHADE Altomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -8- (k) If encumbered, the amount of the balance of the encumbrance at the date of transfer; (1) If encumbered, whether or not such items were subjected to a security interest; W/?? (m) If subjected to a security interest, where and when the security interests were filed. 6. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or riot there were any other executions pending against any Defendant as to which you were listed as Garnishee; /1COi (b) If so, the names and addresses of the lienholders; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -9- (c) If so, state the Courts from which such executions issued and the docket numbers of the executions; and (d) If so, state the amounts of the executions. /7/101- These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of your answer you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. ? C-9?4 Wayne F. bade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 11013 -10- I verify that I am authorized by Garnishee to make this Affidavit and that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /? 6 WAYNE F. SHADE Anorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -? ? < ' _? ?, _, ; °_, e BEDROCK INVESTMENTS LLC, Plaintiff V. HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4936 CIVIL TERM ACTION IN EJECTMENT AND ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this Ye A day of ?"\ arc , 2006, upon consideration of the within Motion, judgment is entered in favor of Plaintiff and against the Cumberland County Tax Claim Bureau, as Garnishee, pursuant to Pa.R.Civ.P. 1037(c) in the amount of Thirty-Nine Thousand Six Hundred Seventy-Five and No/100 ($39,675.00) Dollars plus costs and interest at the legal rate from November 2, 2005, and the Cumberland County Tax Claim Bureau is authorized to satisfy the judgment from assets of Defendant Herman L. Willis that are in the possession of the Cumberland County Tax Claim Bureau. By the Court, _S\-? ?_'X J. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire Attorney for Bedrock Steven D. Tiley, Esquire Frey & Tiley Attorneys for Cur LLC d County Tax Claim Bureau r; t_ ; __ I SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-04936 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BEDROCK INVESTMENTS LLC VS WILLIS HERMAN L ET AL And now KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:17 Hours, on the 14th day of February , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT WILLIS HERMAN L hands, possession, or control of the within named Garnishee CUMBERLAND CO TAX CLAIM BUREAU 1 COURTHOUSE SQUARE , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MELISSA MIXELL (DIR. OF TAX CLAIM) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So a "C R. Thomas Kline Sheriff of Cumberland County 03/07/20 Sworn and subscribed to before me By this zo day of aov(e A.D. A Prothonotary r SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-04936 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BEDROCK INVESTMENTS LLC VS WILLIS HERMAN L ET AL And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:17 Hours, on the 14th day of February , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT WILLIS LLOYD in the hands, possession, or control of the within named Garnishee CUMBERLAND CO TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MELISSA MIXELL (DIR. OF TAX CLAIM) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: So answers: Docketing .00 Service .00 lie Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 03/07/2006 Sworn and subscribed to before me By this 2p day of '7 ? jooG A D. SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-04936 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BEDROCK INVESTMENTS LLC VS WILLIS HERMAN L ET AL And now KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:17 Hours, on the 14th day of February , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT WILLIS LEONARD hands, possession, or control of the within named Garnishee CUMBERLAND CO TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 1 . in the Cumberland County, Pennsylvania, by handing to MELISSA MIXELL (DIR. OF TAX CLAIM) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answer Docketing .00 Service .00 d Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 03/07/2006 Sworn and subscribed to before me w By this 01-0 ` day o ?? ?crv4 A.D. Prothonotary t SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-04936 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BEDROCK INVESTMENTS LLC VS WILLIS HERMAN L ET AL And now KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:17 Hours, on the 14th day of February , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , WILLIS CAROLINE in the hands, possession, or control of the within named Garnishee CUMBERLAND CO TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MELISSA MIXELL (DIR OF TAX CLAAM) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 nn 00 So answers: / ?.?I?ir??rtlitiR R. Thomas Kline Sheriff of Cumberland County 03/07/2006 Sworn and subscribed to before me this 10`E- day of By ?trt? L A. D. Q]LL?1 o Q Prot o otary d OCK INVESTMENTS LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4936 CIVIL TERM V. [AN L. WILLIS, LLOYD S, LEONARD WILLIS and LINE WILLIS, Defendants COSTS (to be completed by Prothonotary) Plaintiff Paid Defendant Paid Due Prothonotary J, 00 Other Costs 19il: 77 ed. a4 PRAECIPE FOR WRIT OF POSSESSION TO T(FIE PROTHONOTARY OF SAID COURT: (Che k appropriate block) (x) Issue Writ of Possession in the above-captioned case and direct the Sheriff to deliver possession of the following property to Plaintiff-. (x) Real estate as per the attached description: 65-67 Smithdale Road, Shippensburg, Cumberland County, Pennsylvania 17257. or? Date: June 16, 2006 Signature: ?t ? /= c?Glr.? Print Name: Wa e F. Shade Address: 53 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Telephone: (717) 243-0220 Supreme Court ID No. 15712 WRIT OF POSSESSION COM ONWEALTH OF PENNSYLVANIA CO TY OF CUMBERLAND TO TIDE SHERIFF OF SAID COUNTY: 1) To satisfy the judgment for possession in the above-captioned case, you are irected to deliver the Plaintiff s possession of the above-described property. Date: ProthonotaryZz ? .E? By rr?? ?- -beputy ?, ?? r? c' ?-, -n _ r.?r: c? 1i` ?'. rr. t?? - i GSi 1- Tax Parcel No. 39-I1-0308-005 Legal Description as the more ; NO, t post; tier a post, perches lands fi THAT CERTAIN land with improvements thereon, known nor or formerly Farm situate in Southampton Township, Cumberland County; Pennsylvania, larly bounded and described as follows: GINNING at a white oak; thence North 46.75 degrees East 98:5 perches to a s by land formerly of William Dunces, South 43 degrees East 125.8 perches to :oce by land forrnarly of Edward Golden, South 7.75 degrees West 99.15 e stone; thence South 46.5 degrees West 17.5 perches to a post; thence by xly of Edward Golden and Jacob Whitmore, North 4425 degrees West 189 perches f o the place of BEGINNING. Containing 99 acres and 14 perches. NO.2 GINNING at a stone on corner of lands formerly of Waltzer Smith, et al; thence b land formerly of said Smith South 46.75 degrees 99 perches to a wide oak thence ag the Cumberland Valley Railroad, North 40.5 degrees East 99 perches to a stone; by land formerly of Witham Duncan's heirs, South 43 degrees West 11 perches the place of BEGINNING. Containing 3 acres and 16.75 perches, strict measure. T ETHER with the free and uninterrupted use, liberty and privilege of and passage ' , over and along that certain ship of land beginning at a point in the Oakville Road and Middle Spring Road; thence across the lands now or formerly of Samuel and Margaret ilgrim and along the land of the now or former George S. Noaker, 122 rods more or , to that certain crossing over the Cumberland Valley Railroad Co. tracks at the lands f the now or foam George W. Ocker and Ida E. Ocker, said strip of land being of tl?e width of 17 feet, said use to be in common with the now or former Samuel and Mar la fat Pilgrim. above right was granted to Robert M. Willis by deed dated March 31, 1938 and recorded in Miscellaneous Docket 69, Page 462. BE G the same tracts of land which Elizabeth R. Willis as the residuary legatee under the 'lI of Robert M. Willis of which is recorded in Cumberland County, Peansylv Will Book 45, Page 423, granted and conveyed to Herman L. Willis in Deed Book 0, Volume B, Page 418 which is recorded in the Office of the Recorder of Deeds in an or Cumberland County, Pennsylvania. BOOK 260 ?AU2936 n " c T -n ? rn r. vO =err: k, .\ p \\\ ? Cdp od??ov By virtue of this writ, on the 14 t Ha of July 2006 . I caused the within named Bedrock Investments L ?Ca have possession of the premises describedXM M #WI OMOX 65-67 Smithdale Road, Shippensburg, PA 17257 Sworn and subscribed to before me this Day of , Sheriff's Return Docketing Surcharge Poundage Prothy Possession Milage 18.00 80.00 2.92 1.00 30.00 18.08 -? 9- So ? `. P "eriff By Advance Costs: Sheriff's Costs: 150.00 150.00 000.00 71.2, /eL G? cr, r w w r C4. -3 Linda xg louotllo td alIQ •/,itadoid pagTaosap-anogt, atlllo uoissassod SJJIIUTUId aql Iantlap of paloattp atn noX `osLo pauoilduo-anogv aul ui uoissassod zoI lu;3uj2pnf aul xisms OL (I) lj?,ww ao'403d :,kLNfIO3 QIVS JO 33RIIHS gH L 01 l I® p %.... , .. aNV12IHUM 3O AlNfIOD j le 11no) p!es }o Ieas a r, : VINVA"IASN11gd JO HL IVgt1c1NOWWOD alay ! 'loaaagm AuOuJi -' 4 0 '! A'd® :JRbISSHSSOd 30 ,Ll-dM, Z I LS I 'oN QI lanoD auzaidnS OZZO-£tZ (L I L) :auotldala j I3Tlu!uld JoI x3ujolly £ 10L I Fed `alsTl-mD laa.tiS laJIuzod isam £S :ssaJppV aPL'uS • 3 a XL'Ak :3wuN luud :aanit,u tS 900Z `9I aunf :alLQ LSZLI BTUnnIXsUU:)d `Xlunoo puuljoquznD `i?angsuoddTUS `PUO-d alPpulTtuS L9-99 :uoiidilosap pagouli, aql jad su alulso Iva2i (x) j3TluTt,id of Xi.tadord Outmolloj ogllo uoissassod aantlap of I3Tj3uS aqI loa.tip pur asvo pauoilduo-anogv aul ui uoissassod Io jp A anssl (x) (loolq olupdo.idd13 NoogD) :.L MOD QIVS 30 A'UVIONOHIONd IHI OZ NOISSHSSOd 30 IMM 2I0d 1dIDHV dd 0- 4 LL. . 7,t ,l sisoD a3tll0 ? ' ,.relouotlload onCl PlUd luLpualaQ piudlliluTId (,?reloWTO.td Xq palaldwoo aq ol) S.LSOD siuupualaQ `SITII11c1 gNI'IOWVD puu SITIItA (lHVNOg'I `SI'I-IIAk QAO TI `SI'I IIA1 'Z N`dY HH A MHI IIAID 9£6b-90'ON VINVA'IASNNgd `ALNnOD CLKV'THFIE[WfID 33T UMM 30 SVH Id NOWWOD J0 .LNfl0D AHI NI `011 S.LNHWISgANI NDONQdg 4 a (_ ct_jt_" BEDROCK INVESTMENTS LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4936 CIVIL TERM V. HERMAN L. WILLIS, LLOYD WILLIS, LEONARD WILLIS and CAROLINE WILLIS, Defendants s; COSTS (to be completed by Prothonotary) Plaintiff Paid Defendant Paid : Due Prothonotary l 60 Other Costs 17y: 77 Pot. d4z If V PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY OF SAID COURT: (Check appropriate block) (x) Issue Writ of Possession in the above-captioned case and direct the Sheriff to deliver possession of the following property to Plaintiff-. (x) Real estate as per the attached description: 65-67 Smithdale Road, Shippensburg, Cumberland County, Pennsylvania 17257. Date: June 16, 2006 Signature: -_j4 Print Name: Way e F. Shade Address: 53 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Telephone: (717) 243-0220 Supreme Court ID No. 15712 WRIT OF POSSESSIQ v: COPY FROM, to f ::>tij-?jc;ey whereof, I here uni. COMMONWEALTH OF PENNSYLVANIA; ; `fhe. seal of said Court at COUNTY OF CUMBERLAND_ the", ....... day of. °. TO THE SHERIFF OF SAID COUNTY: Proslloaootarl (1) To satisfy the judgment for possession in the above-captioned case, you are directed to deliver the Plaintiff's possession of the above-described property. Date: J Prothonotary By eputy t_,- • a 0 00'000 00'09T :sgso0 s,jgTaagS 00'09T :s4soD aousnpV 00'091 80'8T a$,eTTW 00'0 uozssassod 00* T Aq-4oid Z6'Z a2upunod 00,08 a?3jsgoanS 00'8T 2uT19?i[ooQ ujngag s, ggTaagS ?H dr" Io ?i¢Q ? s? atu aiojaq ol paquosgns pus tuonns os R"Kpac t: p mrpoxd Mjo u;imssod ansq urERYAogposnu3I ' 9002 ATnf j° )M -30apag pmuu am uo `;?tea snp 3o mpu gig WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4936 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BEDROCK INVESTMENTS, LLC Plaintiff (s) From HERMAN L. WILLIS, 67 Smithdale Road, Shippensburg, PA 17257, LLOYD WILLIS, LEONARD WILLIS CAROLINE WILLIS 65 SMITHDALE ROAD, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell Personal Property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$39,675.00 Interest from November 2, 2005 Atty's Comm % Atty Paid $182.27 Plaintiff Paid Date: February 3, 2006 (Seal) REQUESTING PARTY: Name Wayne F. Shade, Esq. Address: 53 West Pomfret Street Carlisle PA 17013 Attorney for: Plaintif Telephone: 717-243-0220 Supreme Court ID No. 15712 L.L.$.50 Due Prothy $1.00 Other Costs Pr thonota By: Deputy J R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 375.00 Sheriffs Costs 197.61 Docketing 18.00 177.39 Poundage 3.91 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 10/24/07 Mileage 35.20 Misc. Surcharge 90.00 Levy 40.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 ? ?'?° 17 j° 7 TOTAL 197.61 So Answers, By 4rif WT , ? a J??41 LE Q b 8- 9 dd 'AIN(lo tjV i E1Wfl -Jed,3NS Hj j©.33 awn Ct C i2 (? L) ` 7.2-