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HomeMy WebLinkAbout08-436201 THE BANK OF LANDISBURG, Plaintiff V. MICHELLE L. BRAGG and LISA A. RUDISILL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIANIA NO.G PryI / T'rP' CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 248-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mfis adelante en las siguientes p6ginas, debe tomar accibn dentro de los prbximos veinte (20) dias despu6s de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accidn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada I en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mfis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. $I LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 THE BANK OF LANDISBURG, Plaintiff V. MICHELLE L. BRAGG and LISA A. RUDISILL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIANIA NO.6f -1, 3112-_ e l'Ur I I rm COMPLAINT CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE 1. The Plaintiff, The Bank of Landisburg, hereinafter sometimes referred to as Mortgagee, is a Pennsylvania corporation with a principal place of business at 100 North Carlisle Street, Landisburg, Perry County, Pennsylvania. 2. The Defendants, Michelle L. Bragg and Lisa A. Rudisill, (hereinafter sometimes referred to as "Mortgagors") are adult individuals residing at 523 Nottingham Drive, Chambersburg, Franklin County, Pennsylvania. 3. At all times material to Plaintiff's cause of action the Mortgagors, Michelle L. Bragg and Lisa A. Rudisill, have been the owners of a tract of land and the buildings thereon (hereinafter called "Land"), known and numbered as 2 Neil Road, Southampton Township, Shippensburg, Cumberland County, Pennsylvania. 4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 5. On June 7, 2007, in consideration of the loan of One Hundred Sixty-One Thousand Two Hundred ($161,200.00) Dollars made by the Mortgagee to the Mortgagors, the said Mortgagors executed and delivered to the Mortgagee, a Note secured by a Mortgage on the land obligating the Mortgagors to pay the Mortgagee the principal sum on demand with interest thereon at the rate of 8.40% percent per annum, on the unpaid balance and to make monthly payments on account of principal and interest, in the absence of demand in the amount of One Thousand Five Hundred Seventy-Eight Dollars and 52/100 ($1,578.52) together with other terms and conditions set forth in the said Mortgage. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1996, Page 2124. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 6. The Defendant Mortgagors are in default on the Mortgage in that they failed to make the monthly payments as required from and after February 7, 2008. 7 8. The Defendants are the present real owners of the land. The amount due the Plaintiff under the Mortgage is computed as follows: Principal balance Interest through 7/9/2008 at 8.4% Late fees Attorney's collection fee TOTAL 9. 10 $158,085.96 6,694.18 393.60 16.517.37 $181,691.11 The Plaintiff has complied with the provisions of Section 403 of Act No. 6, 41 P.S. 403. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680.403(c). 11. The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of December 23, 1983, P.L. 385 No. 91 and 35 P.S. 1680(c). 12. The Defendants are not members of the Armed Forces of the United States and is not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of One Hundred Eighty-One Thousand Six Hundred Ninety-One Dollars and 11/100 ($181,691.11), together with interest thereon at the rate of 8.4% per annum from July 9, 2008 and the cost of this suit. JOHNSON, DUFFIE, STEWART & WEIDNER BY: Richard W. Stewart Attorney I. D. #18039 Johnson, Duffie, Stewart & Weidner 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043 717-761-4540 Attorneys for Plaintiff :338510 VERIFICATION I, ROGER L. BLUMENSCHEIN, Sales Division Manager of The Bank of Landisburg, the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 4ROGR. BLUMENSCHEIN EXHIBIT "A" ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a spike in the centerline of Legislative Route 21006 at the intersection of Legislative Route 21050; THENCE along Legislative Route 21006, South 87 degrees 7 minutes West, 150.79 feet to another spike in the centerline of Legislative Route 21006; THENCE along lands now or formerly of Lloyd Mowery, North 84 degrees 45 minutes East, 150.00 feet to a spike in the centerline of Legislative Route 21050; THENCE along the centerline of said road, South 11 degrees 23 minutes East 183.70 feet, the point and place of BEGINNING. CONTAINING.618 acres, more or less. HAVING ERECTED THEREON a one-story commercial building known as 2 Neil Road. THE ABOVE DESCRIPTION was taken from a survey entitled "Subdivision for Elder R. Whitman, dated June 27, 1994," by Thomas A. Neff, R. S. BEING the same property conveyed to Mortgagors by Deed of Calvin L. Ott and Wendy L. Ott, his wife, dated June 7, 2007 and recorded immediately prior to said Mortgage. TD 7 ~1? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04362 P ..r. COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,alllir BANK OF LANDISBURG THE VS BRAGG MICHELLE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , OCCUPANT 2 NEIL ROAD SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS VACANT. I NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 G/1?r?8 21 . 00 So v" Thomas Kline Sher'ff of Cumberland County ?NSON DUFFIE STEWART WEIDNER 09/08/2008 Sworn and Subscribed to before me this day of .?IM? .?IYM A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04362 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF LANDISBURG THE VS BRAGG MICHELLE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRAGG MICHELLE L but was unable to locate Her in his bailiwick nr\nrtnT T *rXTT hArlnT nnnti+ He therefore returns the the within named DEFENDANT BRAGG MICHELLE L 2 NEIL ROAD SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS VACANT. NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 20.00 Not Found 5.00 Surcharge 10.00 .00 gbzlor q, 53.00 So answer: ' Thomas Kline Sheriff of Cumberland County HNSON DUFFIE STEWART WEIDNER 09/08/2008 Sworn and Subscribed to before me this day of d? ar?IMr .rwY. A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04362 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF LANDISBURG THE VS BRAGG MICHELLE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RUDISILL LISA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT RUDISILL LISA A 2 NEIL ROAD NOT FOUND , as to SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 91I Z16 B 1.0 0 21.00- So an So Thomas Kline r f of Cumberland County ;NISON DUFFIE STEWART WEIDNER 9/08/2008 Sworn and Subscribed to before me this day of A. D. «rwii?? .riMr SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF LANDISBURG THE VS BRAGG MICHELLE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and .... .rr. and inquiry for the within named DEFENDANT to wit: BRAGG MICHELLE L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On September 8th , 2008 , this office was in receipt of the attached return from FRANKLIN % Sheriff's Costs: So ans S. Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. T11 as Kline Dep Franklin Co 57.05 S r'ff of Cumberland County Postage 2.26 84.31 / 9n" 9/ a 09/08/2008 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF LANDISBURG THE VS BRAGG MICHELLE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: RUDISILL LISA A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On September 8th , 2008 , t attached return from FRANKLIN Sheriff's Costs: So Docketing 6.00 Out of County .00 Surcharge 10.00 151. T omas Kline .00 iff of Cumberland County .00 16. 0 0 f 'R/f 107 09/08/2008 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribe to before me this day of , s office was in receipt of the "Woo .?iM? Aft A. D. Jn The Court of Common Pleas of Cumberland County, Pennsylvania The Bank of Landisburg VS. Michelle L. Bragg et al SERVE: Michelle L. Bragg No. 08-4362 civil Now, July 22 , 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, V L V/ Q , 20 A at 1136 o'clock f? M. served the within upon L at a 3 IV 9 V /? S ; L_L ?'6 o - o&?rve, _ {P 1A j9 ter- /??>_?/ by handing to pol`S /, L ar/.l?lt copy of the original and made known to S`S'A 1?1l d 151, G L the contents thereof. So answers, Sworn and subscrib before me this az_.? day of , 20 A_jQ"_ "" ?? COSTS SERVICE $ MILEAGE AFFIDAVIT "r&1,46 jC ??!57 U RICHARD D. M ...?..,..?.'? Chambersburg Boro., Fr nklln County "^y Commission Expires lan. 29, 2011 ,?? ? 1? ?e9N??/iU CJo, Sheriff of County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania The Bank of Landisburg ' VS. Michelle L. Bragg et al SERVE: Lisa A. Rudisill No. 08-4362 civil Now, July 22, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , r kA L 20 D K at // 3 6 o'clock M. served the within C LO -5 upon L S AA. 9 V1 IOL i` L L at S 3 &A din R ?/? C l/Yt Q,,?S?,? q , P= l 7? o by handing to kU 0 (' S, `?, L e a C,?271 `/lei , copy of the original cQ wy I and made known to -? 1 5/4 2 Z l` S L L the contents thereof So answers, Q49-1-4n. Z PIA Sworn and subscribed before me this ? day of? ., 20 Ort, P ommuhft. NOTARIAL 5EArk`---'-V RICHARD c , Nv ary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2011 elh 4-, County, PA I' Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT Johnson, Duffle, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 THE BANK OF LANDISBURG, Plaintiff V. MICHELLE L. BRAGG and LISA A. RUDISILL, Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4362 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment by default in favor of the Plaintiff, and against the Defendants, Michelle L. Bragg and Lisa A. Rudisill, in the amount of $181,691.11 with interest at the rate of 8.4% per annum from July 9, 2008, and costs, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a notice to defend. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendants, Michelle L. Bragg and Lisa A. Rudisill, at their last known address on September 17, 2008; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Richard W. Stewart ?1 Z O? Dated: C'-q of- :345947 Johnson, Duffle, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 rws@jdsw.com Attorneys for Plaintiff THE BANK OF LANDISBURG, Plaintiff V. MICHELLE L. BRAGG and CIVIL ACTION - LAW LISA A. RUDISILL, IN MORTGAGE FORECLOSURE Defendants TO: Michelle L. Bragg, 523 Nottingham Drive, Chambersburg, PA 17201 Lisa A. Rudisill, 523 Nottingham Drive, Chambersburg, PA 17201 DATE: September 17, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, PA 17101 (800) 932-0356 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 08-4362 Civil Term JOHNSON, DUFFIE, STEWART & WEIDNER BY: '-W? ,-'? Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043 717-761-4540 Attorneys for Plaintiff :344812 7c, Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com. O-FFIC 4 IT' C3 Postage $ Certified Fee r? C3 Return Receipt Fee p (Endorsemem Required) M Restricted Delivery Fee C3 (Endorsement Required) ru p Total Poste & Fees m M1 Sent To itQti or free, Apt. Yo.; `. A° --BoK No. ----5 3 AL USE 1 7 04' 141 ?tmark re J W ,__ i- !1 t ¦ Complete Items 1, 2, and 3. Also complelr item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5a 3 Al MA9ha n ?b?,rsburq/ PA )-L20) CERTI1' 1l i_) 1.1AIi ?; E III (DOnle-SlIC Mn)J L)101y, NU ,rfou,ji- ..OVe;ayt' t-rOVAreuj For delivery information visit our website at www.usps.com , - O C3 Postage $ Q )?. Certified Fee -' j Return Fee E d Re qu C ( n ors ement R eg uire d) aso s m ot I u ) r e Req ired C3 (End ru & O M Cana rwtayw a r.fuu 141 i r omidne11r,- L :-_ ---------- -------- S4ieeF 4pe ivo.' , •Aj-iJ cm: scare. ziP+ .... R 17.)01 r'- M M r%- X , t ? Agent I ? Addreene f9. Received (PtInted Name) C. Date of Delivery t j " Sit I 6 -Gd 5" t D. Is deNvery address dff wd from item 14 ? Yes If YES, enter delivery address below: ? No 3. Servim Type J[ CwtMed Mai) ? Express MaN ? Registered ? Return Receipt for Merchandbe ? insured Mau ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. MoMiele Number ue avoi 7007 3020 0001 1090 5445 (1DsmArrllrrrswr?eelsbe?p { PS F vn Fdmmy 2004 Dwaeerc tgelrrn Ileorript . ¦ Complete items 1, 2, and-3. Also complete M Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front If space permits. 1. ANcle Addressed to: ,Lisa.- A. ud i s i 1 503 Notfin haan ,Orj'va cjwn bars urq , P: A I ao A. somlowm I I ' -A "I Lw• t.C Agent B. Reoeived (hinted Nwne) C. Date of Dd wy L- 5,t 5- ( 8 --o s D. Is delivery addrisea Item 1? ? Yes H YES, enter del" addrentaiow: ? No 3. Service Type X(Certffled Mail 13 Express Mail ? Registered ? Return Receipt for Memh rame ? Insured Mau ? C.O.D. 4. Restricted DeNveryt (Extra Fee) ? Yes 2. Ikodw 7007 3020 0001 1090 5436 fR.raftrAasar-01 ho" PS fworm 3811, Fdwuwy 2004 ooraeeie Rerun ?er}c sde tw taa PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 tO 3149 Etc. THE BANK OF LANDISBURG Plaintiff vs. MICHELLE L. BRAGG and THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term, 2008 No. 08-4362 Amount Due $181,691.11 LISA A. R ISILL 5013 Noi+Nnoihaam rive PA )7do l Defendants Interest From July 9, 2008 (,$9,950.78) Attorney's Com. Costs TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against Michelle L Bragg and Lisa A. Rudisill Defendant (s) ; (3) and against Garnishee (s) ; (4) and index this writ (a) against Michelle L Bragg and Lisa A. Rudisill Defendant (s) and (b) against Garnishee (s), as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically describe property) Levy upon and sell all those certain tracts of real estate situate in Southampton Township, Cumberland County, Pennsylvania, owned by the Defendants, Michelle L. Bragg and Lisa A. Rudisill, as more fully described in Exhibit "A, " attached hereto and made a part hereof by reference. (5) Exemption has (not) been waived. Date: (1Gr a 206 Attorney for Plaintiff (s) NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of fie county in which issued. Paragraph (3) above should he completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a) When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b). Paragraph 4 (b) should be completed only if real property in fie name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). 'b4 iA, ?e 4.t 3S (}? N p (?? p (? g S oO0o 0 Z1 W ? pw4 fit, C; 3 co, EXHIBIT "A" ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a spike in the centerline of Legislative Route 21006 at the intersection of Legislative Route 21050; THENCE along Legislative Route 21006, South 87 degrees 7 minutes West, 150.79 feet to another spike in the centerline of Legislative Route 21006; THENCE along lands now or formerly of Lloyd Mowery, North 84 degrees 45 minutes East, 150.00 feet to a spike in the centerline of Legislative Route 21050; THENCE along the centerline of said road, South 11 degrees 23 minutes East 183.70 feet, the point and place of BEGINNING. CONTAINING .618 acres, more or less. HAVING ERECTED THEREON a one-story commercial building known as 2 Neil Road. THE ABOVE DESCRIPTION was taken from a survey entitled "Subdivision for Elder R. Whitman, dated June 27, 1994," by Thomas A. Neff, R. S. BEING the same property conveyed to Michelle L. Bragg and Lisa A. Rudisill by Deed of Calvin L. Ott and Wendy L. Ott, his wife, dated June 7, 2007 and recorded immediately prior to said Mortgage. SEIZED taken in execution and to be sold as the property of Michelle L. Bragg and Lisa A. Rudisill, Judgment Debtors and real owners. :346675 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 08-4362 MICHELLE L. BRAGG and CIVIL ACTION - LAW LISA A. RUDISILL, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg, by its attomeys, Johnson, Duffie, Stewart & Weidner, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information conceming the real property located in Southampton Township, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Michelle L. Bragg 523 Nottingham Drive Chambersburg, PA 17201 Lisa A. Rudisill 523 Nottingham Drive Chambersburg, PA 17201 2. Name and address of Defendant(s) in the judgment: Name: Address: Michelle L. Bragg 523 Nottingham Drive Chambersburg, PA 17201 Lisa A. Rudisill 523 Nottingham Drive Chambersburg, PA 17201 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: The Bank of Landisburg Address: P.O. Box 179 Landisburg, PA 17040 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: The Bank of Landisburg P.O. Box 179 Landisburg, PA 17040 Calvin L. and Wendy L. Ott P. O. Box 376 Shippensburg, PA 17257 5. Name and address of every other person who has any record lien on the property: Name: Address: 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Cumberland County Tax Claim Bureau Address: One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. JOHNSON, DUFFIE, STEWART & WEIDNER DATE: 0A6 Le-- J3 , 2008 :346740 BY aV llk Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff C ? --? ? • V Johnson, Duffle, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 V. IN MORTGAGE FORECLOSURE MICHELLE L. BRAGG and LISA A. RUDISILL, Plaintiff Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4362 CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Michelle L. Bragg, 423 Nottingham Drive, Chambersburg, PA 17201 Lisa A. Rudisill, 423 Nottingham Drive, Chambersburg, PA 17201 Your real estate situate in Southampton Township, Cumberland County, Pennsylvania, known as 2 Neil Road, Shippensburg, Pennsylvania, as described in Exhibit "A" attached is scheduled to be sold at Sheriffs Sale on March 4, 2009, at one o'clock p.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $181,691.11 obtained by The Bank of Landisburg against you 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 other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: THE BANK OF LANDISBURG, 2 Neil Road. Shippensbur4 Cumberland County Pennsylvania f THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-4362 in the Court of Common Pleas of Cumberland County Pennsylvania The name and address of the owner or reputed owner of this property is: Michelle L. Bragg and Lisa A. Rudisill, 523 Nottingham Drive. Chambersburg PA 17201 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless 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 Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CENTRAL PENNSYLVANIA LEGAL SERVICES 213-A North Front Street Harrisburg, Pennsylvania 17101 (800) 932-0356 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Yal Richard W. Stewart Dated: Attorneys for Plaintiff :346757 EXHIBIT "A" ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a spike in the centerline of Legislative Route 21006 at the intersection of Legislative Route 21050; THENCE along Legislative Route 21006, South 87 degrees 7 minutes West, 150.79 feet to another spike in the centerline of Legislative Route 21006; THENCE along lands now or formerly of Lloyd Mowery, North 84 degrees 45 minutes East, 150.00 feet to a spike in the centerline of Legislative Route 21050; THENCE along the centerline of said road, South 11 degrees 23 minutes East 183.70 feet, the point and place of BEGINNING. CONTAINING .618 acres, more or less. HAVING ERECTED THEREON a one-story commercial building known as 2 Neil Road. THE ABOVE DESCRIPTION was taken from a survey entitled "Subdivision for Elder R. Whitman, dated June 27, 1994," by Thomas A. Neff, R. S. BEING the same property conveyed to Michelle L. Bragg and Lisa A. Rudisill by Deed of Calvin L. Ott and Wendy L. Ott, his wife, dated June 7, 2007 and recorded immediately prior to said Mortgage. SEIZED taken in execution and to be sold as the property of Michelle L. Bragg and Lisa A. Rudisill, Judgment Debtors and real owners. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4362 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF LANDISURG, Plaintiff (s) From MICHELLE L. BRAGG and LISA A. RUDISILL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $181,691.11 Interest from 7/09/08 -- $9,950.78 Atty's Comm % L.L. $.50 Due Prothy $2.00 Atty Paid $314.31 Plaintiff Paid Date: 10/15/08 (Seal) REQUESTING PARTY: Name: RICHARD W. STEWART, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET LEMOYNE, PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Other Costs Prothono By: Deputy Supreme Court ID No. 18039 Jobnson, Duffle, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. 4. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 THE BANK OF LANDISBURG, Plaintiff V. MICHELLE L. BRAGG and LISA A. RUDISILL, Defendants COUNTY OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4362 CIVIL ACTION - LAW RICHARD W. STEWART, being duly sworn according to law, deposes and says that he served the attached Notice of Sheriffs Sale and Divestiture of Liens upon all judgment creditors, mortgagees, and other persons who have any interest of record in or lien of record upon the property scheduled to be sold at Sheriffs Sale in the above matter on October 15, 2008, by mailing a copy of the attached Notice by United States Mail, First Class, Postage Prepaid, addressed as follows: Calvin L. and Wendy L. Ott P. O. Box 376 Shippensburg, PA 17257 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attached hereto are original receipts for mailing addressed to the individuals and entities set forth above. RICHARD W. STEWART SWORN to and subscribed before me this day of 2008. ALI wo??? Nota ublic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GAIL J. MAHONEY, Notary Public Lemoyne Boro., Cumberland County My Commission Expires Feb. 19, 2010 347513 rl Johnson, Duffie, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 THE BANK OF LANDISBURG, Plaintiff V. MICHELLE L. BRAGG and, LISA A. RUDISILL, Defendants NOTICE OF SHERIFF'S SALE AND DIVESTITURE OF LIENS NO. 08-4362 CIVIL ACTION - LAW TO: Calvin L. and Wendy L. Ott, P. O. Box 376, Shippensburg, PA 17257 Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013 Cumberland County Domestic Relations, One Courthouse Square, Carlisle, PA 17013 You are hereby notified that the lien of judgment or lien of mortgage that you may have against real estate owned by the above-named Defendant against the land owned by the Defendant in Southampton Township, Cumberland County, Pennsylvania, and more fully described in the Exhibit "A" attached hereto, will be divested by a Sheriffs Sale scheduled to be held on March 4, 2009, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Unless you take action to stop the Sheriffs Sale, or unless you appear at the Sheriffs Sale and bid to protect your interest, your lien against the land scheduled to be sold at Sheriffs Sale will be divested by the Sheriffs Sale. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless 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 Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, PA 17101 (800) 932-0356 JOHNSON, DUFFIE, STEWART & WEIDNER BY: a Richard W. Stewart Attorney I. D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Date: 2008 :347501 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a spike in the centerline of Legislative Route 21006 at the intersection of Legislative Route 21050; THENCE along Legislative Route 21006, South 87 degrees 7 minutes West, 150.79 feet to another spike in the centerline of Legislative Route 21006; THENCE along lands now or formerly of Lloyd Mowery, North 84 degrees 45 minutes East, 150.00 feet to a spike in the centerline of Legislative Route 21050; THENCE along the centerline of said road, South 11 degrees 23 minutes East 183.70 feet, the point and place of BEGINNING. CONTAINING .618 acres, more or less. HAVING ERECTED THEREON a one-story commercial building known as 2 Neil Road. THE ABOVE DESCRIPTION was taken from a survey entitled "Subdivision for Elder R. Whitman, dated June 27,1994," by Thomas A. Neff, R.S. BEING the same property conveyed to Michelle L. Bragg and Lisa A. Rudisill by Deed of Calvin L. Ott and Wendy L. Ott, his wife, dated June 7, 2007 and recorded immediately prior to said Mortgage. SEIZED taken in execution and to be sold as the property of Michelle L. Bragg and Lisa A. Rudisill, Judgment Debtors and real owners. U S 0pa e . . CERTIFI( li ? L A W O F F 1 1 J ?aa/ PITNEY BOWES 02 1A _ $ 01.10° OCT15 2008 =1 CODE 17043 D One piece of ordinary mail addressed to: rr? I?0 Die 3 -7(. ' Shy PA t -?as'7 MAY BE ED FOR DOME IC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURANCE - POSTMASTER F8 FOR1A MAY1a7rs 3817 U.S. PI CERTI FIC/ LAW 0FFICI JOHNSC DUFFI? * U.S.G.P.O.: 1988 -202-395/78114 osPoet FITNEY BOWES 01.10° 43T 12008 :1084 ILEDFQU?ZI?t DE 17043 One piece of ordinary mail addreseed to: G)tl ti v`45L r ei cArl 1s 11u MAY BE USED FOR OMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURANCE - POSTMASTER PB FORM {7 U.S.G.P.O.: 1906 -/202,-339( 5178114`Q J MAY IM >•I7 KYW ?rqj, '-W COOL t 3000CNZ INOa 131 1 AL SERVICE 8002 S L .Lx bW CERTIFICATE OF MAILING 00V, o $ Z 6COCvgOOzo SOB A3Nlid L A W O F F ICES 301 MARKET STRFJQNSON P.O. BOX 109 DUFFIE LEMOYNE, PA ? J?! W&Od 17043-0109 1 l?` =l 1. One Piece of ordinary mail addressed to: \C Y\j 0 MAY BE USED Ff7N bomam AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR IMM/RANCE - PGOTMAIITER 3817 s} U.S.G.P.O.: 1906 -202-395/78114 Rw,s JOY D, -111 C; cZ C. c ;;z co a yr ?t7 _i t ; I a C COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which BANK OF LANDISBURG is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 15TH day of OCT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4362, at the suit of BANK OF LANDISBURG against MICHELLE L BRAGG & LISA A RUDISILL is duly recorded as Instrument Number 200915714. IN TESTIMONY WHEREOF, I have her unto set my hand and seal of said office this / 1-:) day of A.D. ep? e6 of Deeds PM0Wx A% CwnbNW 00 ft CNi. PA W OWAMM EONMFMMV41 WJa Ito r.' In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4362 Civil Term The Bank of Landisburg VS Michelle L. Bragg and Lisa A. Rudisill R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent seach and inquiry for the within named defendants to wit: Michelle L. Bragg and Lisa A. Rudisill, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania, to serve the within Real Estate Writ of Execution, Notice of Sheriff's Sale of Real Property and Legal Description according to law. Franklin County Return-And now January 14, 2009, served the within Real Estate Writ of Execution, Notice of Sheriffs Sale of Real Property and Legal Description, upon Michelle L. Bragg, the defendant, by making known unto Lisa A. Rudisill, at, 523 Nottingham Drive, Chambersburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers; Dane Anthony, Sheriff of Franklin County, Pennsylvania. Franklin County Return-And now January 14, 2009, served the within Real Estate Writ of Execution, Notice of-Sheriff's Sale of Real Property and Legal Description, upon Lisa A. Rudisill, personally, the defendant, by making known unto Lisa A. Rudisill, at, 523 Nottingham Drive, Chambersburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers; Dane Anthony, Sheriff of Franklin County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1731 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of, Michelle L. Bragg and Lisa A. Rudisill, located at 2 Neil Road, ShipPensburg, Cumberland County, Pennsylvania according to law R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney, Richard W. Stewart, on behalf of, Bank ofLandisburg, of, P.O. Box 179, Landisburg, PA, 17040, being the buyer in this execution, paid to Sheriff, R. Thomas Kline the sum of $ 1,049.63 Sheriffs Costs: Docketing $30.00 Poundage 20.58 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 ` Prothonotary 2.00 Mileage 17.10 Levy 15.00 Surcharge 30.00 Deputize Franklin Co 57.85 Out of County 9.00 Law Journal 355.00 Patriot News 334.58 Share of Bills 15.52 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $1,049.63 So Answers: Ri 00 ? ?JaJo ti 9, By Real Estate Coordinator ?? .% M THE BANK OF LANDISBURG, Plaintiff V. MICHELLE L. BRAGG and LISA A. RUDISILL, Defendants 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4362 CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg, by its attomeys, Johnson, Duffie, Stewart & Weidner, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located in Southampton Township, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Michelle L. Bragg 523 Nottingham Drive Chambersburg, PA 17201 Lisa A. Rudisill 523 Nottingham Drive Chambersburg, PA 17201 2. Name and address of Defendant(s) in the judgment: Name: Address: Michelle L. Bragg 523 Nottingham Drive Chambersburg, PA 17201 Lisa A. Rudisill 523 Nottingham Drive Chambersburg, PA 17201 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address: The Bank of Landisburg P.O. Box 179 Landisburg, PA 17040 Y f 4. Name and address of the last recotded holder of every mortgage of record: Name: Address: The Bank of Landisburg P.O. Box 179 Landisburg, PA 17040 Calvin L. and Wendy L. Ott P. 0. Box 376 Shippensburg, PA 17257 5. Name and address of every other person who has any record lien on the property: Name: Address: 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Cumberland County Tax Claim Bureau Address: One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. JOHNSON, DUFFIE, STEWART & WEIDNER BY: -?;w(`?rl41 DATE: 2008 :846740 Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff r r V. Johnson, Duffle, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 F Attorneys for Plaintiff THE BANK OF LANDISBURG, MICHELLE L. BRAGG and LISA A. RUDISILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4362 Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Michelle L. Bragg, 423 Nottingham Drive, Chambersburg, PA 17201 Lisa A. Rudisill, 423 Nottingham Drive, Chambersburg, PA 17201 Your real estate situate in Southampton Township, Cumberland County, Pennsylvania, known as 2 Neil Road, Shippensburg, Pennsylvania, as described in Exhibit "A" attached is scheduled to be sold at Sheriffs Sale on March 4, 2009, at one o'clock p.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $181,691.11 obtained by The Bank of Landisburg against you. 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 other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: 2 Neil Road, Shippensburg, Cumberland County, Pennsylvania. f r 1 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-4362 in the Court of Common Pleas of Cumberland County, Pennsylvania The name and address of the owner or reputed owner of this property is: Michelle L. Bragg and Lisa A. Rudisill, 523 Nottinqham Drive, Chambersburq, PA 17201 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless 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 Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You I/ v I may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CENTRAL PENNSYLVANIA LEGAL SERVICES 213-A North Front Street Harrisburg, Pennsylvania 17101 (800) 932-0356 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Yal 4yXAS Richard W. Stewart Dated: 04-04cr 13 Wd Attorneys for Plaintiff :346757 EXHIBIT "A" ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a spike in the centerline of Legislative Route 21006 at the intersection of Legislative Route 21050; THENCE along Legislative Route 21006, South 87 degrees 7 minutes West, 150.79 feet to another spike in the centerline of Legislative Route 21006; THENCE along lands now or formerly of Lloyd Mowery, North 84 degrees 45 minutes East, 150.00 feet to a spike in the centerline of Legislative Route 21050; THENCE along the centerline of said road, South 11 degrees 23 minutes East 183.70 feet, the point and place of BEGINNING. CONTAINING .618 acres, more or less. HAVING ERECTED THEREON a one-story commercial building known as 2 Neil Road. THE ABOVE DESCRIPTION was taken from a survey entitled "Subdivision for Elder R. Whitman, dated June 27,1994," by Thomas A. Neff, R.S. BEING the same property conveyed to Michelle L. Bragg and Lisa A. Rudisill by Deed of Calvin L. Ott and Wendy L. Ott, his wife, dated June 7, 2007 and recorded immediately prior to said Mortgage. SEIZED taken in execution and to be sold as the property of Michelle L. Bragg and Lisa A. Rudisill, Judgment Debtors and real owners. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 084362 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF LANDISURG, Plaintiff (s) From MICHELLE L. BRAGG and LISA A. RUDISILL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $181,691.11 L.L. $.50 Interest from 7/09/08 - $9,950.78 Atty's Comm % Due Prothy $2.00 Atty Paid $314.31 Other Costs Plaintiff Paid Date: 10/15/08 (Seal) ZdCAMf Ani rothonotary By: Deputy REQUESTING PARTY: Name: RICHARD W. STEWART, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET LEMOYNE, PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 18039 Real Estate Sale #36 On November 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 2 Neil Road, Shippensburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 12, 2008 By: Real Estat . ergeant S PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 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. Marie TO AND SUBSCRIBED before me this 13 day of Februaa 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 3?? Zip RSU= *AAA NO. 36 Writ No. 2008-4362 Civil The Bank of Landisburg VS. Michelle L. Bragg and Lisa A. Rudisill Atty.: Richard Stewart ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a spike in the cen- terline of Legislative Route 21006 at the intersection of Legislative Route 21050; THENCE along Legislative Route 21006, South 87 degrees 7 minutes West, 150.79 feet to another spike in the centerline of Legislative Route 21006; THENCE along lands now or formerly of Lloyd Mowery, North 84 degrees 45 minutes East, 150.00 feet to a spike in the cen- terline of Legislative Route 21050; THENCE along the centerline of said road, South 11 degrees 23 minutes East 183.70 feet, the point and place of BEGINNING. CONTAINING .618 acres, more or less. HAVING ERECTED THEREON a one-story commercial building known as 2 Neil Road. THE ABOVE DESCRIPTION was taken from a survey entitled "Sub- division for Elder R. Whitman, dated June 27, 1994," by Thomas A. Neff, R.S. BEING the some property con- veyed is l1e L. BraMand Use & RudiaM by Deed of Calik L. Ott #ad Wen* L. Ott, tuts wits, dwad ime 7, 2007 and rooor ded prior to said Mortgage. SEIZED taken in execution and to be sold as the property of Michelle L. Bragg and Lisa A. Rudisill, Judgment Debtors and real owners. The' a:rsot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4e Patr1*ot*yXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: REAL ESTATE SALE NO. 36 01 /21 /09 Writ Nm 200"M Civil Twm The. Bank 4. L,6r lung 01/28/09 VS Mk** W L BraOg and 02/04/09 Attomsy Rktwd A~ LEGAL DESCRIPTION ALL THAT CERTAIN la of land situate in Sworn to and sub ed before me this 25,dd of February, 2009 A.D. Southampton Towasb p Cw bdw County, Y, Pennsylvania, more particularly bounded and described as folnim to wit BEGINNING at a sprhe. in the ceeterline of -- Legislative Route at the iw? of Notary Public Legislative Route 210*, rTHENCE, along Legislative Route 21006, South V degrees 7 minutes West 150.79 feet to another spine io the ceaterline of Legislative Route 21006; THENCE COl49MC33?bi cFi" 7 t along lands now or formerly of Lloyd Mowery, ---M, _ 29 f" IVSYLVANIre North 84 degrees 45 minutes East, 150.00 feet to ° Ira'i ,..e, wa 0 a spike in the cenbaiine of Legislative Route Sherrie L. Kisnts:°, Notary pubic 210%, THENCE along the oenterline of said CKyOI171aftb= yJgt??y County South 11 degrees 23 minutes East 183.70 n Ex,.tir? Nov. 26, 2011 feet. ihepointa?place ofBEG WING. MY ' Member, Penn5y1_va_ a c- _ciatbn CONTAINING .618 acres, woe m less: of Notaries HAVING' EREC M 11? a-ooe-story commercial tatildigq.koown esZ?ilRopd..: THE ABOVE DESCRIPTION was take from a sumeymuHad "SubdivisioaforElder R. Whitman, deed Juste 27,1994," by Thomas A. Neff, RS. BEING the sam poperty waveyed to Michelle L Bragg and Lisa A. Rv&M by Deed of Calvin L. Ott and Wendy L. OR, his wife, dated June 7, 2007 and recorded tan aedinely prim to said Mortgage. . SE® taken in execution and to be sold as the property of ,Michele L. Bragg and Lisa A. Rudisill,Judgment Debtors and real owners.