HomeMy WebLinkAbout08-6368•
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG, _
civil ler'wt
NO.: 08 - (o5(08
Plaintiff,
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM ME HEREOfi.?R A DEFAULT JUDGMENT
MAY B D AI?,AAfNSTT Oi l-
ATTVEQEY PL7QPTIFF ( /
I HEREBY CER T THE ADDRESS
OF THE PLAINTIFF IS:
20 South Main street
Chambersburg, PA 17201
AND TILE DJENDANT(SV IL
CERTIFICATE OF WCATION
I HEREB CERTIFY THAT
THE RE ES TT-AAA THE
Lob 2
Lob
?ATION OF
THIS LIEN IS
ensburg, PA 17257
lgaburg, PA 17257
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Farmers & Merchants Trust Company of
Chambersburg, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
FOR
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.:
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL, SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.:
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse die ]as demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
NO.: o Q - G 3G Q C-w?,( ?4,
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
CIVII, ACTION - COMPLAII4T IN MORTGAGE FORECLOSURE
And now comes Farmers & Merchants Trust Company of Chambersburg, by its attorneys,
James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as
follows:
1. The Plaintiff is Farmers & Merchants Trust Company of Chambersburg, which
has its principal place of business at 20 South Main Street, Chambersburg, Pennsylvania 17201.
2. The Defendants, Leroy K. Gordon and Karen E. Gordon, are adult individuals
whose last known address is 186 Booz Road, Shippensburg, Pennsylvania 17257.
3. On or about July 7, 2006, Defendants executed a Promissory Note ("Note") in
favor of Plaintiff in the original principal amount of $129,500.00. A true and correct copy of said
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about July 7, 2006, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $129,500.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on July 21, 2006, in Mortgage Book
Volume 1959, Page 1466. A true and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part
hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S.
§ 1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983),
prior to commencement of this action for the reason that the aforesaid mortgaged premises is not
the principal residence of Defendant.
8. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's
intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the
commencement of this action for the reason that the original principal balance of the aforesaid
Mortgage is more than $50,000.00, and therefore:
(a) said Mortgage is not a "residential mortgage" as defined in 41 P. S. § 101;
(b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S.
§101, and;
(c) the mortgage premises is not "residential real property" as defined in 41 P.S.
§101.
9. The amount due and owing Plaintiff by Defendants is as follows:
Principal $ 119,345.07
Interest through 10/24/2008 $ 7,025.38,
Late Charges $ 1,091.30
Attorney's Fees $ 1,250.00
Title Costs $ 410.00
TOTAL $129,121.75
plus interest on the principal sum ($119,345.07) from October 24, 2008, at the rate of $25.27 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $129,121.75, with interest thereon at the rate of $25.27 per diem from October 24, 2008 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale Af the mortgaged premises
JAMES, SM"(P&TTIRINVIX &CONNELLY LLP
BY:
PAI.D.#5
Esquire
Kimberly A. Bonner, Esquire
PA I.D. # 89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
PROMISSORY NOTE
.. .... . ..
References in the shaded area re forLender's use only end do not limit the applicability of this document to any particular ban or item.
A k ebow contaiM 'has been omitted due to text length limitations.
BOITOWW: Leroy K. Gordon ISBN: 16446-88071 Lender: Farmers and Merchants Trust Co. of Chembersburg
Karen E. Gordon ISBN: 183-46-2846) Sfippenalturg Offte
P.O. Box 710 20 South Main Street
Shipp burg, PA 17257 P. 0. Box 6010
ChembeesMag, PA 17201-6010
1717) 264.6116
Principal Amount: $129,500.00 Interest Rate: 7.750% Date of Note: July 7, 2006
Maturity Date: July 20, 2016
PROMISE TO PAY. I I"Borrower"1 jointly and severaiy promise to pay to Farmers and Merchants Trust Co. of Chembersburg ("Lender"), or
order, in lawful money of the United State of Amarsa, the principal amount of One Hundred Twenty-nine Thousand Five Hundred & 001100
DoNws I4128,500.0011. together with Interest at ter raft of 7.750% per annum on On unpaid prIncipal balance from July 7, 2006, until paid in
lei. The interest rate may thanes under the terms and condition of the "PREFERRED RATE REDUCTION" section. The interest rate may Mao
change under the terms and conditions of ter "INTEREST AFTER DEFAULT" section. Unless waived by Lender, any Increase in the interest
raft will increase die armKi nt of my final payment.
PAYMENT. I will pay this loth in 120 payments of $1,559.02 each payment. My Brat payment is dare August 20, 2006, and me subsequent
payments we due an the strew day of each month alter drat. My final psyment will be due on July 20, 2016, and will be for M principal and all
accrued Im to - It not yet paid. Payments include principai and inftrest. Unless otherwise agreed or required by applicable law, payments will be
applied tint to any accrued unpoW Interest; then to I I c0 ; then to any unpaid collection coon: and then to any late charges. Interest on this
Nob In coaputed an a 366/365 aMnple interest bass; tat is, by applying the redo of the annual interest rate over the number of days in a yew,
multiplied by to outstanding principal balance, muldiaied by to actual number of days the principal balance Is oubtandkrg. I will pay Lender at
Lender's address Mlawn above or at such other place as Lender may dssigr aft in writing.
PREFERRED RATE REDUCTION. The Interest rate on this Note includes a preferred rote reduction. Following Is a description of the event that
would cause the preferred rate reduction to terminate and how the new rate will be determined upon termnaton of the preferred rate reduction.
Description of Event That Would Cause the Preferred Rate Reduction to Terminate.
stopping the automatic draft from an F&M account and/or termination of Freedom account.
How The Now Raft Will Be Determined Upon Termination of the Preferred Reduction.
by 0.25% for terminating the Freedom account or by 0.25% for stopping the automatic draft.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier then it is due. Early payments will not, unless agreed to
by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce
the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid In hull", "without
recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will
remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or
other payment instrument that Indicates that the payment constitutes 'payment in full" of the amount owed or that is tendered with other
conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of
Chambersburg, P. O. Box 6010 Chsmbersburg, PA 17201-8010.
LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularly set6dnled Payment.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue
interest at the interest rate under this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of
judgment at the late in effect at the time judgment Is entered.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Larder or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or ban 1 have with Lender.
Fase Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related
documents. is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes Insolvent; a receiver Is appointed for any part of my property; I make an assignment
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of ter Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, If I dispute in good faith whether the
claim on which the taking of the property Is based is valid or reasonable, and It 1 give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Detective CoBateragsation. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
ColletarM Dampe or Loos. Any collateral securing this Note Is lost, stolen, substantially damaged or destroyed and the loss, theft,
substantial damage or destruction is not covered by insurance.
Evens Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at Its
option, may, but shag not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Insecurity. Lender in good faith believes itself insecure.
LENDER'S RIGHTS. Upon default,, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance under this Note and all accrued unpaid interest immediately due, and then I will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note If I do not pay. I will pay Lender that amount.
This includes,. subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including attorneys' teas, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctbonl, and
appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law.
GOVERNING LAW. This Noe will be governed by federal law applicable to Lender and, to the extent not preempted by federai law, the laws of
the Conamenweafth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the
Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether
checking, savings, or some other account). This includes all accounts I hold Jointly with someone else and all accounts I may open in the future.
However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize
Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts.
COLLATERAL. I acknowledge this Note is secured by•the following collateral described In the security instrument listed herein: a Mortgage
dated July 7, 2006, to Lender on real property located In Cumberland County, Commonwealth of Pennsylvania.
PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information
concerning this requirement is set forth in the Mortgage.
SUCCESSOR INTERESTS. The terms of this Notp shell be binding upon me, and upon my heirs, personal representatives, successors and
assigns, and shall inure to the benefit of Lender and its successors and assigns.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo
PROMISSORY NOTE
(Continued)
Page 2
enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this
Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this
Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or
endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly, and for any length of time) this
loan or release any party or guarantor or collateral; or Impair, fag to realize upon or perfect Lender's security interest in the collateral. All such
parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification
is made. The obligations under this Note are joint and several. This means that the words "I", "me", and 'my' mean each and all of the
persons signing below. .
PRIOR TO SIGNING THIS NOTE, 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I, AND EACH OF US,
AGREE TO THE TERMS,OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X -?? )Sall
L 6or
X ail {Seal)
Karen .-Gordon
LENDER:
FARMERS AND MERCHANTS TRUST CO. OF CHAMSERSBURG
EXHIBIT "B"
Parcel Identification
Number:
RECORDATION
REQUESTED BY:
Farmers and Merchants
Trust Co. of Cbambersburg
Shippensix" Office
20 South Main Street
P. O. Box 6010
Chunharsburg, PA
17201-6010
WHEN RECORDED MAIL
TO:
Farmers and Merchants
Trust Co. of Chambersburg
Shiplwnsburg Office
20 South Mein Street
P. 0. Box 6010
Charnberetxrg, PA
17201.6010
Lu h uUL ?1 t.l l
SEND TAX NOTICES TO:
Leroy K. Gordon
Karen E. Gordon
P.O. Box 710
$hkoensburo, PA 17257 FOR RECORDER'S USE OUL
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
Amount Secured Hereby: 8129,500.00
THIS MORTGAGE dated July 7, 2006, Is made and executed between Leroy K. Gordon and
Karen E. Gordon, whose address is P.O. Box 710, Shippensburg, PA 17257 (referred to below
as "Grantor") and Farmers and Merchants Trust Co. of Chambersburg, whose address Is 20
South Main Street, P. O. Box 6010, Chembersburg, PA 17201-6010 (referred to below as
"Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all
streets, lanes,. alloys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights lincluding stock in utilities with
ditch or irrigation rights);, and all other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland
County, Commonwealth of Pennsylvania:
Sea Exhibit A, which Is attached to this Mortgage and made a part of this Mortgage as if
fully set forth herein.
The Real Property or its address is commonly known as Lots 2 & 2A and Lots 4 & 4A, Booz
Road, Shippensburg, PA 17257.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future lasses of the
Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY. IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $129,500.00, THE
RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TERMS:
PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is tent to Grantor to acquire title to the
Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all
amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this
Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may 11) remain in possession and
control of the Property; 12) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shell maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliame With Environmental Laws. Grantor represents and warrants to Lender that: 11) During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
(21 Grantor has no knowledge of, or reason to behave that there has been, except as previously disclosed to and
acknowledged by Lender In writing, la) any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
on, under, about or from the Property by any prior owners or occupants of the Property, or Ic) any actual or
threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previously
disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
BKI959PG1466
MORTGAGE
(Continued) Page 2
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all
Environmental Laws. Grantor authorizes Lander and Its agents to enter upon the Property to make such
inspections and testa, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's
purposes only and shall not be construed to create any responsibility or liability on the part of Lander to Grantor or
to any other person. The representations and warranties contained herein are based. on Grantor's due diligence in
investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
any such laws; and 12) agrees to Indemnity and hold harmless Lender against any and all claims, losses, liabilities,
damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal,
release or threatened release occurring prior to Grantor's ownership or interest In the Property, whether or not the
some was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the
obligation to Indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of
the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether
by foreclosure or otherwise,
Weems, Waste. Grantor shall rat cause, conduct or permit any nuisance nor commit, permit, or suffer any
stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvernarts. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at bast
equal value.
Lender's Right to Eater. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compillenes with Govarnnantel Roqukanwnts. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance
during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to
doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not Jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lander, to protect
Lender's Interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts, in addition to those acts sat forth above in this section, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work dons on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any (fens having priority over or equal to the interest of Lender under this Mortgage,
except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments
not due as further specified In the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lender's interest M the Property Is not Jeopardized. If a lien arises or
Is filed as a result of nonpayment, Grantor shag within fifteen (15) days after the Ilen arises or, if a lien Is filed,
within fifteen 115) days. after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
result of a foreclosure or sale under the (fen. In any contest, Grantor shall defend itself and Lender and shall
satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional
obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shag upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Nodes of Construction. Grantor shall notify Lender at least fifteen 0 5) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, If any mechanic's lion, materialmen's lion, or
other lion could be asserted on account of the work, services, or materials. Grantor will upon request of Lander
furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended
coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real
Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. Policies shag be written by such insurance companies and in such form as may be
reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten 00) days' prior
written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice.
Each Insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be
impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be
located in an area designated by the Director of the Federal Emergency Management Agency as a special flood
hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, for the full unpaid principal
balance of the loan and any prior Hens on the property securing the loan, up to the maximum policy limits set under
the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the
term of the loan.
Application of Proceeds. Grantor shelf promptly notify Lander of any loss or damage to the Property., Lender may
make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's
1959PG 1467'
MORTGAGE
(Continued) Page 3
security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply
the proceeds to the reduction of the Indebtedness, payment of any lion affecting the Property, or the restoration
and repair of the Property. If lender elects to apply the proceeds to restoration end rs
replace the damaged or destroyed Improvements M a manner satisfactory to Ler?r.GrLender h*hall,pupon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of
repair or restoration If Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within ISO days after their receipt and which Lender has not committed to the repair or restoration of the Property
shag be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued Interest, and the
remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after
payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security Interests,
encumbrances, and other claims, (B) to provide any required Insurance on the Property, or IC) to make repairs to the
Property than Lender may do so. If any action or proceeding is commenced that would materially affect Lender's
Interests In the Property, then Lender an Grantor's behalf may, but is not required to, take any action that Lender
believes to be appropriate to protect Lender's Interests. Ali expenses Incurred or paid by Lender for such purposes will
than beer Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment
by Grantor. All such expanses will become a part of to Indebtedness and, at Lender's option, will IA) be payable on
demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either 111 the term of any applicable insurance policy; or (2) the remaining term of
the Note; or ICI be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage
also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other
rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not
be construed as curing the default so as to bar Lender from any remedy that It otherwise would have had. Grantor's
obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. -
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Thai. Grantor warrants that: Is) Grantor holds good and marketable title of record to the Property in tee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or In any
title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender In connection
with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to
Lender.
Defense of This. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantor's title or the Interest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive
the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect
until such time as Grantor's Indebtedness is paid in full
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proosedi gs. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
Grantor shag promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be
represented in the proceeding by counsel of its own choke, and Grantor will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
participation.
Application of Not Proceeds. It all or any pert of the Property is condemned by eminent domain proceedings or by
any proceeding or purchase in lieu of condemnation, Lender may at Its election require that all or any portion of the
net proceeds of the sward be applied to the Indebtedness or the repair or restoration of the Property. The net
proceeds of, the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
Incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Few and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the
Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses
incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, few,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The fallowing shall constitute taxes to which this section applies: (1) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor
which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and 14) a
specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Texas. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event. shell have the some effect as an Event of Default, and Lender may exercise any. or all of its available
remedies for an Event of Default as provided below unless Grantor either 11) pays the tax before it becomes
delinquent, or 12) contests the tax as provided above in the Taxes and Lions section and deposits with Lender
cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real
A-1 959PG 1468
MORTGAGE
(Continued) Page 4
property records, Lender may, at any time and without further authorization from Grantor, file executed
counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Larder
for all expenses Incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
never or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lander and
make it available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured parry) from which Information
concerning the security Interest granted by this Mortgage may be obtained (each as required by the Uniform
Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORRATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lander's designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as Lender may doom appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further assurance, certificetes, and
other documents as may, in the sole opinion of Lender, be necessary or desirable In order to effectuate, complete,
perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related
Documents, and (2) the liens and security Interests created by this Mortgage as first and prior liens on the
Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lander agrees to the
contrary In writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the
matters referred to in this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender
may do to for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or
desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth heroin shall require Lander to take any such actions.
FULL PERFORMANCE. If Grantor pays ail the Indebtedness when due, and otherwise performs all the obligations
imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this
Mortgage and suitable statements of termination of any financing statement on file evidencing Lander's security interest
in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee
as determined by Lender from time to time.
EVENTS OF DEFAULT. At Lander's option, Grantor will be in default under this Mortgage if any of the following
happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
-taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and
strictly in the manner provided in this Mortgage or In any agreement related to this Mortgage.
Fake Statentarq. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf
under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the
time made or furnished.
Defead" CaBatsraNzatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect
(including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and
for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of
Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
Grantor's property In which Lender has a lien. This includes taking of, garnishing of or levying on Grantor's
accounts with Lender. However, If Grantor disputes in good faith whether the claim on which the taking of the
Property is based Is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes
Lender with moMes or a surety bond satisfactory to Lender to satisfy the claim, than this default provision will not
apply.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and
Lender that is not remedied within any grace period provided therein, Including without limitation any agreement
concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
Indebtedness. In the event of a death, Lender, at Its option, may, but shall not be required to, permit the
guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to
Lender, and, in doing so, cure any Event of Default.
Insecurity. Lender in good faith believes Itself Insecure.
RfGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,
at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law:
Accelerate indebtedness. Lender shall have the right at Its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and
collect the Rents, including amounts peat due and unpaid, and apply the net proceeds, over and above Lender's
costa, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the
Property to make payments of rent or use less directly to Lender. If the Rents are collected by Lender, then
Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof In the name of Grantor
BU 959PG'I 469
MORTGAGE
(Continued) Page 5
and to negotlete the same and collect the proceeds. Payments by tenants or other users to Lender In response to
Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds
for the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent, or
through a receiver.
Appolnt Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any pert of
the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the
receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right
to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest In all or any part of the
Property.
Nonjudlehl Sale. If permitted by applicable law, Lender may foreclose Grantor's Interest in all or in any part of the
Personal Property or the Real Property by non-judicial sale.
a>hhncy Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to
Lender after application of all amounts received from the exercise of the rights provided In this section.
Teraincy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided
above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall
become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1)
pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of
Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available
at law or in equity.
SW of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have
the Property marshalled. In exercising Its rights and remedies, Lender shall be free to sell all or any part of the
Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale
on all or any portion of the Property.
Notice of Salo. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other Intended disposition of the Personal Property is to be
made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least tan 110)
days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If
Lander decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's
failure to do so, that decision by Lender will not affect Lender's right to declare Grantor In default and to exercise
Lender's remedies.
Attorneys' Fees; Expenses. If Lander institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appeal. Whether or not any court action Is involved, and to the extent not prohibited by law, all
reasonable expenses Lender Incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shag become a pan of the Indebtedness payable on demand and shall bear
interest at the Note rata from the date of the expenditure until repaid. Expenses covered by this paragraph Include,
without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
expenses, whether or not there Is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings
(Including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any
court coats, in addition to all other suns provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be
given In writing, and shall be effective when actually delivered, when actually received by telefecsimile luniess
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited
in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may
change his or her address for notices under this Mortgage by giving formal written notice to the other person or
persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor
agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law,
If there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all
Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with
Lander concerning the matters covered by this Mortgage. To be effective, any change or amendment to this
Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or
amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only. and are not to be used to
interpret or define the provisions of this Mortgage.
Governing Law. This Mortgage we be gemmed by.fsderal low applicable to Lender and, to the extent net
preempted by federal low, the hws of the Commonwealth of Pennsylvania without regard to he conflicts of law
provisions. This Mortgage has been accepted by Lander In the Commonwealth of Pennsylvania.
Joint ad Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all
references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is
responsible for all obligations in this;portgage.
No Waiver by Lander. Grantor understands Lender will not give up any of Lender's rights under this Mortgage
unless Lender does so in writing. The fact that Lander delays or omits to exercise any right will not mean that
Lender has given up that right. If Lander does agree in writing to give up one of Lender's rights, that does not
mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that If
BKI959PGI470
MORTGAGE
(Continued) Page g
Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if
the situation happens again. Grantor further understands that just because Lender consents to one or more of
Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests.
Grantor waives presentment, demand for payment, protest, and notice of dishonor.
SovwW)i ty. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by
Itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the
rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be Invalid or
unenforceable.
Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other Interest or
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
of Lender.
Successor Interests. The terms of this Mortgage shell be binding upon Grantor, and upon Grantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time N of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage;
Borrower. The word "Borrower" means Leroy K. Gordon and Karen E. Gordon and includes all co-signers and
co-makers signing the Note and all their successors and assigns.
EmAronmerrtd Laws. The words 'Environmental Laws' mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, Including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. ('CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the
events of default section of this Mortgage.
Grantor. The word "Grantor' means Leroy K. Gordon and Karen E. Gordon.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materiels that, because of their quantity,
concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard
to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term "Hazardous Substances' also includes, without limitation, petroleum and
petroleum by-products or any fraction thereof and asbestos.
Improvements. The word 'Improvements" means all existing and future Improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
Property.
Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses
payable. under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means Farmers and Merchants Trust Co. of Chambereburg, its successors and
assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note.
Mortgage. The word 'Mortgage' means this Mortgage between Grantor and Lender.
Nob. The word "Note" means the promissory note dated July 7, 2006, in the original principal amount of
$129,500.00 from Grantor to Lander, together with all renewals of, extensions of, modifications of,
refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR:
THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property;
together with all accessions, parts, and additions to, all. replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Red Property. The words "Real Property' mean the real property, interests and rights, as further described in this
Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter
existing, executed In connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived from the Property.
IMi959PG1k71.
MORTGAGE
(Continued) Page 7
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH
GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW,
GRANTOR:
X (SON)
Labor R. aoraon ?f
Karen E. Gordon
Signed, ackn windged and delivered in the presence of:
X
a
X
Witness
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Farman and Merchants Trust Co, of Chambers
to as follows: burg, herein
Shfppensburg Office, 20 South Main Street, P. O. Box 6010, Chombersburg, PA 17201-6010
r
Atto y or ant for Mortgs
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA 1
1SS
COUNTY OF I
L e'W, this, the day of 20 before me
E. \ Gordon, known to ma c r sattfacthe unc igned otary fbAlic, personally apiZed Leroy K. Gordon andKwen
y proven) to be the person whose names are subscribed to the within
instrument, and acknowledged that they executed the some for the purposes therein contained.
In witness whereof, I hereunto set my hand and s??a?..
YF Notary Public in and for rate of V
60iraslVpr.2Q;;?Jp
Mwear, Perunwrs"k at-eonon rA NosdN
G7.TYf!l MO 1wMq. Vw. l.]IAV.ror Cw.,r.Ynl liiwW MYWx. Yw ,p,. tel. NIMw M.?wl. .M O.u,?w.?rnc?,MRW01K •14nr0! n4,n
TH P YLVANIA
ao?E?c +??ara?
MY Con inkiior.':.o?+r 4pr.26, %A
Manlbsr, Pennon
Of Notaries
a 1959PG 141,1
Schedule "A"
TRACT NO.1
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which us recorded in Cumberland County
Plan Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing
line, North 78 degrees 47 minutes 18 seconds West 469.92 feet to a existing concrete
monument; thence along the dividing line between Lot 2A and Lot 5 on the hereinabove
referenced Plan, North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing
iron pin; thence continuing along the same, along the dividing line between Lot 1 and Lot
2 on the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East
302.47 feet to a set iron pin; thence along the dividing line between Lot 2A and Lot 3A
on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 390.39
feet to an existing iron pin; thence along the dividing line between Lot 2 and Lot 3 on the
hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 442.77 feet to
an existing railroad spike; thence in Booz Road (SR 4003), South 17 degrees 47 minutes
25 seconds West 200.100 feet to an existing railroad spike, the point and place of
BEGINNING. CONTAINING 4.8684 acres, more or less, in accordance with the above-
referenced plan.
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown of Subdivision Plan entitled
`,`Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional land Surveyor, which plan has been approved by the appropriate municipal
-authorities as a final Subdivision Plan, and which us recorded in Cumberland County
Plan Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot4 on the hereinabove referenced Plan; thence along said dividing
line, North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron.pin;
thence along the dividing line between Lot 3A and Lot 4A on the hereinabove referenced
Plan, North 72 degrees 12 minutes 35 seconds West 383.97 feet to a set iron pin; thence
along line of Lot 5 as set forth in the hereinabove referenced Plan, North 24 degrees 37
minutes 03 seconds east 162.98 feet to an existing iron pin; thence along Lot of Lot 1 as
set forth on hereinabove referenced plan, South 77 degrees 22 minutes 22 seconds East
1959 l 473
384.77 feet to an existing concrete monument; thence continuing along the same, South
83 degrees 51 minutes 25 seconds East 363.21 feet to an existing railroad.spike along
Booz Road(SR 4003); thence in Booz Road (SR 4003), South 00 degrees 13 minutes 25
seconds West 146.10 feet to an existing railroad spike, thence continuing along the same,
South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad spike,
the point and place of BEGINNING. CONTAINING 3.7183 acres, more or less, in
accordance with the above-referenced plan.
BEING the same the same real estate which Wadel Masons by their deeds dated and
intended to be recorded immediately to the recording o f this mortgage.
C?.t rt.i`y lets to III rc cc?rc? d
194 9 959PG I '
VERIFICATION
I, Lorie Heckman, Assistant Vice President, on behalf of Farmers and Merchants Trust
Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904
relating to unsworn falsification to authorities that the facts set forth in the foregoing Pleading
are true and correct to the best of my information, knowledge and belief.
on Heckman, Assistant Vice President
C?- -Ti
04
CO
I
3 cI
SHERIFF'S RETURN - REGULAR
4.
CASE NO: 2008-06368 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
GORDON LEROY K ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
r_nVnnAT T.VVnv V the
DEFENDANT
at 0014:40 HOURS, on the 31st day of October , 2008
at 186 BOOZ ROAD
SHIPPENSBURG, PA 17257
by handing to
DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
lilt-7 It, .7 (?- ?
Sworn and Subscibed to
before me this
of
So Answers:
18.00
18.00
.00 e??K
10.00 R. 9fhomas Kline
.00
46.00 11/06/2008
JAMES SMITH DIETTERICK
By:
day D uty Sheriff
A. D.
CASE NO: 2008-06368 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
GORDON LEROY K ET AL
MARK CONKLIN
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
GORDON KAREN E
was served upon
the
DEFENDANT , at 0014:40 HOURS, on the 31st day of October , 2008
at 186 BOOZ ROAD
SHIPPENSBURG, PA 17257
by handing to
HUSBAND OF DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
,1I1??0F 00
1
Sworn and Subscibed to
before me this day
So Answers:
R. 'T'homas Kline
11/06/2008
JAMES SMITH DIETTERICK
By:
Depu eri f
of A. D.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
No. 08-6368 Civil Term
V.
LEROY K. GORDON
KAREN E. GORDON, Civil Action -ANSWER TO
COMPLAINT IN MORTGAGE
Defendants. FORECLOSURE
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW this }
sday of November, 2008, comes Defendants, Leroy K. Gordon and
Karen E. Gordon, by and through their counsel, Glenn J. Smith, Esquire, and CGA Law Firm,
and files the within Answer and, in support thereof, states as follows:
1. Denied. After reasonable investigation, Defendants are without knowledge or
information to form a belief as to the allegations set forth in Paragraph No. I of Plaintiffs
Complaint and therefore strict proof is demanded.
2. Admitted.
3. Admitted in part and denied in part. It is admitted that Defendants executed a
Note. The remaining allegations contained in Paragraph No. 3 of Plaintiff's Complaint are
denied as they refer to a written document that speaks for itself.
4. Admitted in part and denied in part. It is admitted that Defendants executed a
Mortgage. The remaining allegations contained in Paragraph No. 4 of Plaintiff's Complaint are
denied as they refer to a written document that speaks for itself.
5. Admitted.
100260221/21
6. Denied. The allegations contained in Paragraph No. 6 constitute a conclusion of
law for which no response is necessary.
7. Denied. The allegations contained in Paragraph No. 7 constitute a conclusion of
law for which no response is necessary.
8(a)-(c). Denied. The allegations contained in Paragraph Nos. 8(a) through (c) constitute a
conclusion of law for which no response is necessary.
9. Denied. The allegations contained in Paragraph No. 9 constitute a conclusion of
law for which no response is necessary.
WHEREFORE, Defendants, Leroy K. Gordon and Karen E. Gordon, respectfully request
that this Honorable Court deny Plaintiff's demands and grant Defendants any and all relief it
deems reasonable.
Respectfully submitted,
CGA LAW FIRM
Smith, Esquire
Supreme Court I.D. No. 85925
CGA Law Firm
CGA Professional Center
135 North George Street
York, Pennsylvania 17401
Telephone: (717) 848-4900
Facsimile: (717) 843-9039
GSmith@cgalaw.com
Counsel for Defendants
{0026022 1/21
VERIFICATION
I, the undersigned, hereby affirm that the facts contained in the foregoing Answer to
Farmers & Merchants Trust Company of Chambersburg Mortgage Foreclosure
Complaint true and correct to the best of my knowledge, information and belief. This
statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
By: We")r-0ZL
ogeloy ron
By:
Karen E. Gordon
{00260222/1}
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
V.
LEROY K. GORDON AND
KAREN E. GORDON,
Defendants.
No. 08-6368 Civil Term
Civil Action -ANSWER TO
COMPLAINT IN MORTGAGE
FORECLOSURE
CERTIFICATE OF SERVICE
I hereby certify that on this o'Zl 5 day of November, 2008, a true and correct copy of the
foregoing Answer to Plaintiffs Complaint has been served via first-class mail, postage prepaid,
upon the following:
Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey PA 17033
Counsel for Plaintiff
By:ice
Rut Kissinger, aral al fo
Glenn J. Smith, Esquire
100260221/21
r'?;
ryP 3 C.:.-l }
•
t?
?-?
`?° J ?„
f\,?
f.,
?
??
?`? ""?
{..d?i - ?.'P
??.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
DIVISION
O.: 08-6368
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
ATTORNEY FOR DEFENDANTS:
TYPE O PLEADING
MOTI FOR SUMMARY
JUDG NT PURSUANT TO
Pa.R.C. . 1035.2
FILED ON BEHALF OF:
Farmers Merchants Trust Company of
Chambe burp, Plaintiff
COUNS L OF RECORD FOR THIS
PARTY:
Scott A. ietterick, Esquire
Kimberl A. Bonner, Esquire
Pa. I.D. 55650/89705
JAMES, SMITH, DIETTERICK &
CONNE LY LLP
P.O. Bo 650
Hershey PA 17033
(717) 53 -3280
Glenn J. Smith, Esquire
135 North George Street
York, PA 17401
IN THE COURT OF COMMON 1
CUMBERLAND COUNTY, PENN
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
MOTION FOR
kS OF
VANIA
DIVISION
O.: 08-6368
Plaintiff, Farmers & Merchants Trust Company of Ch bersburg, (hereinafter
"Plaintiff"), by its attorneys, James, Smith, Dietterick & Co elly LLP, files the following
Motion for Summary Judgment Pursuant to Pa. R.C.P. 1035.4:
1. Plaintiff commenced the above-captioned acti n by filing a Complaint in
Mortgage Foreclosure (hereinafter "Complaint") on or about ctober 28, 2008. In its Complaint,
Plaintiff alleges that Defendants Leroy K. Gordon and Karen E. Gordon (hereinafter
"Defendants") are in default under the terms of a Note, dated July 7, 2006, in favor of Plaintiff in
the original principal amount of $129,500.00 (hereinafter "N to") and a Mortgage securing said
Note on real property commonly known as Lots 2 & 2A and Lots 4 & 4A, Booz Road,
Shippensburg, PA 17257 (hereinafter "Lots").
2. Defendants filed their Answer to Plaintiff's Complaint on or about November 24,
2008 (hereinafter "Answer")
3. In their Answer, Defendants admitted the following relevant material facts:
a) On or about July 7, 2006, Defendants e?ecuted a Note (Complaint at ¶ 3);
b) On or about July 7, 2006, Defendants e ecuted a Mortgage (Complaint at
¶ 4); and
c) Defendants are the record and real o rs of the aforesaid mortgaged Lots
(Complaint at ¶ 5).
4. Pennsylvania Rule of Civil Procedure 1029 (b states "[a]verments in a pleading
to which a responsive pleading is required are admitted when not denied specifically or by
necessary implication. A general denial or a demand for
admission."
5. In their Answer, Defendants generally deny
owing Plaintiff as conclusions of law to which no response is
7. By failing to specifically deny Plaintiff's all
have effectively admitted the following relevant material
a) Defendants are in default under the
Note for failure to pay the monthly
when due (Complaint at ¶ 6); and
'... shall have the effect of an
default and the amount due and
(Answer at ¶¶ 6, 9).
ons in its Complaint, Defendants
of the aforesaid Mortgage and
ments of principal and interest
b) The amount due and owing Plaintiff b Defendants is $129,121.75 plus
interest on the principal sum ($119,345.07) from October 24, 2008, at the
rate of $25.27 per diem, plus additions late charges, and costs (including
additional escrow advances), additions attorneys' fees and costs and for
foreclosure and sale of the mortgaged remises (Complaint at ¶ 9).
8. To further support the averments in its Complaint, Plaintiff has filed a sworn
affidavit, which is attached hereto as Exhibit "A" and incorporated by reference. In the
Affidavit, an authorized representative of the Plaintiff certifie that the Defendants are in default
under the terms of the Note and Mortgage, and further certifies the amount due and owing
Plaintiff. The testimony is based on the Loan History
J a business record of Plaintiff
maintained in the normal course of business.
9. According to the Loan History Report, the amount due and owing by Defendants
to Plaintiff is as follows:
Principal $ 119,345.07
Interest through 12/01/08 $ 7,985.68
Attorneys' Fees $ 2,500.00
Title Search & Costs $ 2,500.00
Late Charges $ 1,169.25
Escrow $ N/A
TOTAL
$ 1 133,500.00
plus interest on the principal sum ($119,345.07) from Decem
per diem, plus additional late charges, and costs (including ac
additional attorneys' fees and costs and for foreclosure and s,
10. Defendants have failed to raise a genuine issu(
and have failed to offer a defense to their default, therefore, p
Plaintiff is entitled to summary judgment as a matter of law.
1, 2008, at the rate of $25.27
itional escrow advances),
e of the Mortgaged Lots.
of material fact in their Answer
to Pa.R.C.P. 1035.2,
WHEREFORE, pursuant to Pa.R.C.P. 1035.2, Plaintiff respectfully requests this
Honorable Court grant its Motion for Summary Judgment
Foreclosure in its favor and against Defendants Leroy K. i
total amount of $133,500.00, plus interest, additional late
for foreclosure and sale of the Mortgaged Lots.
enter Judgment in Mortgage
and Karen E. Gordon in the
attorneys' fees and costs, and
Respectfully submitted,
JAMES, SMITH, DIE
CK & CONNELLY LLP
By:
?c1 tt A. t)ietterick, Esquire
Pa. I.D. 55650
Kimberl A. Bonner, Esquire
Pa. I.D. 89705
Jessica E . Lowe, Esquire
Pa. I.D. 208041
P.O. Bo 650
Hershey, PA 17033
(717) 53 -3560
IN THE COURT OF COMMON P4EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
DIVISION
O.: 08-6368
ORDER OF COURT
AND NOW, this day of December, 2008, upon consideration of the Motion for
Summary Judgment filed on behalf of Plaintiff, Farmers & Merchants Trust Company of
Chambersburg, it is hereby ORDERED, ADJUDGED and D CREED that the Motion is granted
and Judgment in Mortgage Foreclosure is entered in favor of Plaintiff and against Defendants
Leroy K. Gordon and Karen E. Gordon in the amount of $133,500.00 plus interest, additional
late charges, attorneys' fees and costs, and for foreclosure and sale of the Mortgaged Premises
commonly known as Lots 2 & 2A and Lots 4 & 4A, Booz R cad, Shippensburg, PA 17257.
BY THE COURT:
J.
IN THE COURT OF COMMON I
CUMBERLAND COUNTY, PENN
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
VI
The undersigned hereby certifies that a true and c
Judgment was served on the following this 1511-day of
Mail, Postage Pre-Paid:
Glenn J. Smith, Esquire
135 North George Streel
York, PA 17401
kS OF
VANIA
DIVISION
: 08-6368
copy of the Motion For Summary
nber, 2008, via First Class U.S.
ZUCKER, GOIJDBERG & ACKERMAN
Mott A. Diette ck, Ps uire
Pa. ID # 55650
Kimberly A. B nner, Esquire
Pa. ID # 89705
Jessica E. Lowe, Esquire
Pa. I.D. #20804
P.O. Box 650
Hershey, PA 17033
(717) 533-3560
Exhibit "A"
IN THE COURT OF COMMON P EAS OF
CUMBERLAND COUNTY, PENNS LVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
NO.: 08-6368
Plaintiff,
vs.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
AFFIDAVIT IN SUPPORT OF PL INTIFF'S
MOTION FOR SUMMARY JU GMENT
I, Sandra G. Small, Senior Vice President for Farmers an# Merchants Trust Company of
Chambersburg, being first duly sworn, say of my own personal knowledge that:
1. I am a Senior Vice President and a duly authorized representative of Farmers and
Merchants Trust Company of Chambersburg, Plaintiff in the ab ve-captioned action.
2. This action is brought to foreclose on a Mortgage, which Mortgage secured a Note
dated July 7, 2006, executed by Defendants in favor of Plaintiff, in the original principal amount of
$129,500.00 ("Note").
3. As security for payment of the aforesaid Note, E
of even date, in the original principal amount of $129,500.00.
Mortgage is attached as Exhibit "A" to Plaintiff s Complaint.
4. The Loan History, with regard to the loan upon
the Defendants ("Loan History") is a record of Plaintiff maintai
reflecting all payments made on the account, along with the
Fendants executed a Mortgage, dated
true and correct copy of said
judgment is requested against
in the regular course of business
onding balance, and accurately
reflects the amount due and owing by Defendants. The Loan History reflects that Defendants'
mortgage with Plaintiff is 12 months delinquent as of December 1, 2008, and it is due for the October
20, 2007 payment. A true and correct copy of the Loan History
hereto and make a part hereof.
6. By reason of the foregoing facts, and after
credits, and set-offs, the sum of $133,500.00 is due and owing
computed as follows:
Principal $
Interest through 12/01/08 $
Attorneys' Fees $
Title Search and Costs $
Late Charges $
Escrow $
TOTAL $
Plus interest on the principal sum of $119,345.07 at the rate of
2008, plus additional late charges and additional attorneys' fees
z,
marked as Exhibit "B", attached
Defendants all proper deductions,
Defendants to Plaintiff, which is
19,345.07
7,985.68
2,500.00
2,500.00
1,169.25
N/A
.27 per diem from December 1,
costs.
BY: Sandra G. S all
Farmers and Merchants Trust Company of
Chambersburg
SWORN TO AND SUBSCRIBED BEFORE
ME THIS CAI]* DAY OF , 2008.
0 JA .., 4M M A
OTARY PUBLIC ,
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christiana R. Timmons, Notary Public
Chambersburg Boro, Franklin County
My Commission Expires Mar. 3, 2010
Member, Pennsylvania Association of Notaries
L 1 ''v
?~ CJ
??. ?
??
i ? f iT ??
?.._
C?"T
'_.
"C:7 7
•? :'a
..
ma
;'
. ..
W? .
y
? a
Q
IN THE COURT OF COMMON
CUMBERLAND COUNTY, PENT
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
PLEAS OF
1SYLVANIA
CIVIL DIVISION
NO.: 08-6368
X
Plaintiff, Farmers & Merchants Trust Company of C
"Plaintiff"), by its attorneys, James, Smith, Dietterick & Col
Motion for Summary Judgment Pursuant to Pa. R.C.P. 1035
1. Plaintiff commenced the above-captioned act
Mortgage Foreclosure (hereinafter "Complaint") on or about
Plaintiff alleges that Defendants Leroy K. Gordon and Karen
"Defendants") are in default under the terms of a Note, dated
the original principal amount of $129,500.00 (hereinafter "N
Note on real property commonly known as Lots 2 & 2A and
Shippensburg, PA 17257 (hereinafter "Lots").
2. Defendants filed their Answer to Plaintiff's
2008 (hereinafter "Answer").
3. In their Answer, Defendants admitted the fc
;rsburg, (hereinafter
LLP, files the following
on by filing a Complaint in
October 28, 2008. In its Complaint,
E. Gordon (hereinafter
July 7, 2006, in favor of Plaintiff in
ate") and a Mortgage securing said
.ots 4 & 4A, Booz Road,
on or about November 24,
ing relevant material facts:
a) On or about July 7, 2006,
b) On or about July 7, 2006,
¶ 4); and
c) Defendants are the record and real
(Complaint at ¶ 5).
4. Pennsylvania Rule of Civil Procedure 1029 (?) states "[a]verments in a pleading
to which a responsive pleading is required are admitted
necessary implication. A general denial or a demand for
admission."
5. In their Answer, Defendants generally deny
executed a Note (Complaint at ¶ 3);
executed a Mortgage (Complaint at
of the aforesaid mortgaged Lots
not denied specifically or by
shall have the effect of an
default and the amount due and
owing Plaintiff as conclusions of law to which no response i? required (Answer at ¶¶ 6, 9).
7. By failing to specifically deny Plaintiff's
have effectively admitted the following relevant material
a) Defendants are in default under the
Note for failure to pay the monthly
when due (Complaint at ¶ 6); and
in its Complaint, Defendants
of the aforesaid Mortgage and
ments of principal and interest
b) The amount due and owing Plaintiff b Defendants is $129,121.75 plus
interest on the principal sum ($119,34 .07) from October 24, 2008, at the
rate of $25.27 per diem, plus addition, I late charges, and costs (including
additional escrow advances), addition 1 attorneys' fees and costs and for
foreclosure and sale of the mortgaged remises (Complaint at ¶ 9).
8. To further support the averments in its
affidavit, which is attached hereto as Exhibit "A" and
Affidavit, an authorized representative of the Plaintiff
under the terms of the Note and Mortgage, and further
Plaintiff. The testimony is based on the Loan History' maintained in the normal course of business.
Plaintiff has filed a sworn
by reference. In the
that the Defendants are in default
the amount due and owing
a business record of Plaintiff
9. According to the Loan History Report, the
to Plaintiff is as follows:
Principal
Interest through 12/01/08
Attorneys' Fees
Title Search & Costs
Late Charges
Escrow
TOTAL
plus interest on the principal sum ($119,345.07) from Dec(
per diem, plus additional late charges, and costs (including
additional attorneys' fees and costs and for foreclosure and
10. Defendants have failed to raise a genuine
and have failed to offer a defense to their default, therefore,
Plaintiff is entitled to summary judgment as a matter of law.
WHEREFORE, pursuant to Pa.R.C.P. 1035.2,
Honorable Court grant its Motion for Summary Judgment
Foreclosure in its favor and against Defendants Leroy K. i
total amount of $133,500.00, plus interest, additional late
due and owing by Defendants
119,345.07
7,985.68
2,500.00
2,500.00
1,169.25
133,500.00
ber 1, 2008, at the rate of $25.27
tional escrow advances),
of the Mortgaged Lots.
of material fact in their Answer
to Pa.R.C.P. 1035.2,
ff respectfully requests this
d enter Judgment in Mortgage
and Karen E. Gordon in the
attorneys' fees and costs, and
for foreclosure and sale of the Mortgaged Lots.
Respectfully su
JAMES, SMITH, DIE TERICK & CONNELLY LLP
By: '
c tt Dietterick, Esquire
Pa. I.D. # 55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Jessica E. Lowe, Esquire
Pa. I.D. #208041
P.O. Box 650
Hershe , PA 17033
(717) 513-3560
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON; and :
KAREN E. GORDON, :
Defendants.
CIVIL DIVISION
08-6368
ORDER OF COURT
AND NOW, this day of December, 2008, upon consideration of the Motion for
Summary Judgment filed on behalf of Plaintiff, Farmers & Merchants Trust Company of
Chambersburg, it is hereby ORDERED, ADJUDGED and CREED that the Motion is granted
and Judgment in Mortgage Foreclosure is entered in favor o Plaintiff and against Defendants
Leroy K. Gordon and Karen E. Gordon in the amount of $13 ,500.00 plus interest, additional
late charges, attorneys' fees and costs, and for foreclosure sale of the Mortgaged Premises
commonly known as Lots 2 & 2A and Lots 4 & 4A, Booz R ad, Shippensburg, PA 17257.
BY TH COURT:
J.
IN THE COURT OF COMMONIPLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff, :
VS.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
The undersigned hereby certifies that a true and c
Judgment was served on the following this (5,1`' day of
Mail, Postage Pre-Paid:
Glenn J. Smith, Esq
135 North George Si
York, PA 17401
ZUCKER, GO
& ACKERMAN
Stott A. Diette 'ck, VS uire
Pa. ID # 55650
Kimberly A. Bonner, Esquire
Pa. ID # 89705
Jessica E. Low c' Esquire
Pa. I.D. #208041
P.O. Box 650
Hershey, PA 17D33
(717) 533-3560
CIVIL DIVISION
NO.: 08-6368
copy of the Motion For Summary
1ber, 2008, via First Class U.S.
Exhibit "A"
IN THE COURT OF COMMON LEAS OF
CUMBERLAND COUNTY, PE SYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG, :
Plaintiff, :
vs.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
AFFIDAVIT IN SUPPORT OF
MOTION FOR SUMMARY ,
I, Sandra G. Small, Senior Vice President for Farmers
Chambersburg, being first duly sworn, say of my own personal
1. I am a Senior Vice President and a duly authori:
Merchants Trust Company of Chambersburg, Plaintiff in the a
2. This action is brought to foreclose on a Mortam
dated July 7, 2006, executed by Defendants in favor of Plaintiff,
$129,500.00 ("Note").
3. As security for payment of the aforesaid Note, l
of even date, in the original principal amount of $129,500.00.
Mortgage is attached as Exhibit "A" to Plaintiffs Complaint.
4. The Loan History, with regard to the loan upon
the Defendants ("Loan History") is a record of Plaintiff maintai
reflecting all payments made on the account, along with the
DIVISION
O.: 08-6368
NTIFF' S
MENT
Merchants Trust Company of
that:
representative of Farmers and
action.
which Mortgage secured a Note
in the original principal amount of
tendants executed a Mortgage, dated
true and correct copy of said
ich judgment is requested against
d in the regular course of business
'ponding balance, and accurately
reflects the amount due and owing by Defendants. The Loan
mortgage with Plaintiff is 12 months delinquent as of Deceml
20, 2007 payment. A true and correct copy of the Loan Histo
hereto and make a part hereof.
6. By reason of the foregoing facts, and after
credits, and set-offs, the sum of $133,500.00 is due and owing
computed as follows:
Principal $
Interest through 12/01/08 $
Attorneys' Fees $
Title Search and Costs $
Late Charges $
Escrow e
reflects that Defendants'
1, 2008, and it is due for the October
is marked as Exhibit "B", attached
Defendants all proper deductions,
Defendants to Plaintiff, which is
119,345.07
7,985.68
2,500.00
2,500.00
1,169.25
TOTAL $ 133,500.00
Plus interest on the principal sum of $119,345.07 at the rate of 5.27 per diem from December 1,
2008, plus additional late charges and additional attorneys' fees
BY: Sandra G.
Farmers and N
Chambersburg
SWORN TO AND SUBSCRIBED BEFORE
ME THIS DAY OF , 2008.
OTARY PUBLIC
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christiana R. Timmons, Notary Public
Chambersburg Boro, Franklin County
My Commission Expires Mar. 3, 2010
Member, Pennsylvania Association of Notaries
costs.
Trust Company of
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
FARMERS & MERCHANTS TRUST COMPANY OF CHAMBERSBURG
(Plaintiff)
VS.
LEROY K. GORDON; and KAREN E. GORDON
(Defendants)
No. 08-6368
1. State matter to be argued (i.e., plaintiff's motion for new
trial, defendant's demurrer to complaint, etc.):
Plaintiff Farmers & Merchants Trust Company of Chambersburg's Motion for Summary
Judgment
2. Identify counsel who will argue case:
(a) for plaintiff: Kim A. Bonner, Esquire; Jessica E. Lowe, Esquire
Address: P.O. Box 650, Hershey, PA 17033
(b) for defendant: Glenn J. Smith, Esquire
Address : 135 North George Street, York, PA 17401
3. I will notify all parties in writing within two days that
this case has been listed for argument.
4. Argument Court date: March 18, 2009
ttorney or Plaintiff
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FARMERS & MERCHANTS TRUST IN THE COURT OF COMMON PLEAS OF
COMPANY OF CHAMBERSBURG, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
LEROY K. GORDON AND
KAREN E. GORDON,
DEFENDANTS 08-6368 CIVIL TERM
BEFORE BAYLEY, J. AND EBERT, J.
ORDER OF COURT
AND NOW, this d g day of March, 2009, summary judgment in
foreclosure is entered in favor of Farmers & Merchants Trust Company of
Chambersburg against Leroy K. Gordon and Karen E. Gordon in the amount of
$133,500 plus additional per diem interest.
By the Co
, J.
essica E. Lowe, Esquire
For Plaintiff
lenn J. Smith, Esquire
For Defendants
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
CIVIL DIVISION
No.: 2008-6368
ISSUE NUMBER:
TYPE OF PLEADING:
PRAECIPE FOR JUDGMENT
PURSUANT TO ORDER OF COURT
(Mortgage Foreclosure)
Defendants.
I Hereby certify that the last known address
of Defendants is/are:
186 Booz Road
FILED ON BEHALF OF:
Farmers & Merchants Trust Company of
Chambersburg,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
PA 17257 Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa I.D. # 89705
Scott A.
Attorney for Plaintiff
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
PRAECIPE FOR JUDGMENT PURSUANT TO ORDER OF COURT
TO:PROTHONOTARY
SIR/MADAM:
Please enter a judgment in mortgage foreclosure in the above captioned case pursuant
to the attached Order of Court, dated March 18, 2009, in favor of Plaintiff and against
Defendants, Leroy K. Gordon and Karen E. Gordon, in the amount of $133,500.00 plus interest
at the rate of $25.27 per diem plus additional late chargips and attorneys' fees and costs.
JAMES SMITJ1 WTTARICK & CONNELLY LLP
By: / l 1 /
Scott A. Dietterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D. # 89705
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant(s) is/are not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notice(s) of Intent to take Default
Judgment was/were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached
copies.
Sworn to and subscribed before me
this 23rd day of March 2009.
CkA, 5i;
kj-
Notary Public
My Commission Expires:
F OTARIAL SEAL
TINE L SPURLOCK
Notary Public
N BORO, DAUPHIN COUNTY
ion Expires Jun 23, 2012
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LEROY K. GORDON AND
KAREN E. GORDON,
DEFENDANTS 08-6368 CIVIL TERM
BEFORE BAYLEY, J. AND EBERT, J.
ORDER OF COURT
AND NOW, this 19 day of March, 2009, summary judgment in
foreclosure is entered in favor of Farmers & Merchants Trust Company of
Chambersburg against Leroy K. Gordon and Karen E. Gordon in the amount of
$133,500 plus additional per diem interest.
By the
Edgar B. Bayley, J.
Jessica E. Lowe, Esquire
For Plaintiff
Glenn J. Smith, Esquire
For Defendants
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: LEROY K. GORDON
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on 3 a&
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $133,500.00
with interest on the Principal sum at a $25.27 per diem rate from March 18, 2009, plus additional
late charges, costs (including additional escrow advances), additional attorney's fees and for
foreclosure and sale of the mortgaged premises.
I . -
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: KAREN E. GORDON
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on .31A& Loy
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $133,500.00
with interest on the Principal sum at a $25.27 per diem rate from March 18, 2009, plus additional
late charges, costs (including additional escrow advances), additional attorney's fees and for
foreclosure and sale of the mortgaged premises.
0 f
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IIH THE COURT OF aM40N PIEAS OF aMMIAND OM M, PDMMVANIA
Farmers & Merchants Trust CIVIL DIVISION
Company of Chambersburg : File No. 2008-6368
(Plaintiff) : Amount Due $ 133,500.00
V . Interest from 3/18/2009
date of sae to $ 8,793.96
Leroy K. Gordon and Karen E. : Atty's Comm
Gordon Costs
(Defendant (s ) TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAE7CIPE FOR E XMMON
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s)
See Exhibit "A" attached.
PRAECIPE FOR ATTACHMENT ECDC[f CN
Issue writ of attachment to the Sheriff of Cumberland County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishe ( ) as a Lis pendens against
real es_tate of the defendant(s) described in the attached Ya?
DATE: March 23, 2009 Signature:
Print Name: Scott A. Dietterick, Esquire
Address: James Smith Dietterick & Connelly LLP
P O Box 650, Hershey PA 17033
Attorney for:_ Plaintiff
Telephone: (717) 533-3280
Supreme Court ID No.: 55650
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
vs.
LEROY K. GORDON and
KAREN E. GORDON,
CIVIL DIVISION
NO.: 2008-6368
AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers & Merchants Trust Company of Chambersburg, Plaintiff in the above
action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at Lots 2 and 2A Booz Road,
Shippensburg, Pennsylvania 17257 & Lots 4 and 4A Booz Road, Shippensburg,
Pennsylvania 17257:
1. Name and Address of Owner(s) or Reputed Owner(s):
LEROY K. GORDON
2.
Plaintiff,
Defendants.
KAREN E. GORDON
186 Booz Road
Shippensburg, PA 17257
186 Booz Road
Shippensburg, PA 17257
Name and Address of Defendant(s) in the Judgment:
LEROY K. GORDON
KAREN E. GORDON
186 Booz Road
Shippensburg, PA 17257
186 Booz Road
Shippensburg, PA 17257
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
FARMERS & MERCHANTS TRUST COMPANY Plaintiff
OF CHAMBERSBURG
v
A&A DECORATIVE DESIGN & SUPPLIES 1000 Mt Rock Road
Shippensburg, PA 17257
and
c/o Shawn D. Meyers
120 N. Main Street
Mercersburg, PA 17236
VALLEY HEATING & COOLING, LLC P.O. Box 337
Shippensburg, PA 17257
FAYETTEVILLE CONTRACTORS, INC. P.O. Box FCI
Fayetteville, PA 17222
and
c/o Donald L. Kornfield
17 N. Church Street
Waynesboro, PA 17268
MARVIN WINDOW & DOOR SHOWPLACE 1261 Claremont Road
Carlisle, PA 17015
and
c/o Snelbaker & Brenneman
44 W. Main Street
Mechanicsburg, PA 17055
ORRSTOWN BANK 77 E. King Street
Shippensburg, PA 17257
and
c/o David A. Baric, Esquire
19 W. South Street
Carlisle, PA 17013
MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive
Mechanicsburg, PA 17055
and
c/o Christopher Rice
10 E. High Street
Carlisle, PA 17013
GLASS DISTRIBUTORS, INC. P.O. Box 349
Bladensburg, MD 20710
and
c/o Robert D. Kodak, Esquire
P.O. Box 1848
Harrisburg, PA 17108
14
4.
5
Name and Address of the last record holder of every mortgage of record:
FARMERS & MERCHANTS TRUST Plaintiff
COMPANY OF CHAMBERSBURG
MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive
Mechanicsburg, PA 17055
Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX Cumberland County
CLAIMBUREAU Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
DEPARTMENT OF REVENUE
COMMONWEALTH OF PA
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
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:
CUMBERLAND COUNTY DOMESTIC Cumberland County
RELATIONS OFFICE Courthouse
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, 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.
JAMES,
DATED: March 23, 2009 BY:
& CONNELLY LLP
A. Dietterick, Esquire
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Pa. I.D. 455650
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Leroy K. Gordon
186 Booz Road
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 2, 2009, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" ).
The LOCATION of your property to be sold is:
Lots 2 and 2A
Lots 4 and 4A
Shippensburg, Pennsylvania 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2008-6368
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Leroy K. Gordon and Karen E. Gordon
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 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
1
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, DIETTERI CONNELLY LLP
DATED: March 23, 2009 BY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
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LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan
entitled "Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said
dividing line, North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing
concrete monument; thence along the dividing line between Lot 2A and Lot 5 on the
hereinabove referenced Plan, North 78 degrees 47 minutes 18 seconds West 404.96 feet
to an existing iron pin; thence continuing along the same, along the dividing line between
Lot 1 and Lot 2 on the hereinabove referenced Plan, North 24 degrees 37 minutes 03
seconds East 302.47 feet to a set iron pin; thence along the dividing line between Lot 2A
and Lot 3A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds
East 390.39 feet to an existing iron pin; thence along the dividing line between Lot 2 and
Lot 3 on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East
442.77 feet to an existing railroad spike; thence in Booz Road (SR 4003), South 17
degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike, the point
and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3824, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Boom 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said
dividing line, North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing
iron pin; thence along the dividing line between Lot 3A and 4A on the hereinabove
referenced Plan, North 72 degrees 12 minutes 35 seconds West 383.97 feet to a set iron
pin; thence along line of Lot 5 as set forth in the hereinabove referenced Plan, North 24
degrees 37 minutes 03 seconds East 162.98 feet to an existing iron pin; thence along Lot
of Lot 1 as set forth on hereinabove referenced Plan, South 77 degrees 22 minutes 22
seconds East 384.77 feet to an existing concrete monument; thence continuing along the
same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an existing railroad
spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00 degrees 13
minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing
railroad spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3830, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 2, 2009, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The LOCATION of your property to be sold is:
Lots 2 and 2A
Lots 4 and 4A
Shippensburg, Pennsylvania 17257
Cumberland County
V/
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2008-6368
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Leroy K. Gordon and Karen E. Gordon
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 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMIT
DATED: March 23, 2009 BY:
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LP
Pa. I.D. #55650
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan
entitled "Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said
dividing line, North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing
concrete monument; thence along the dividing line between Lot 2A and Lot 5 on the
hereinabove referenced Plan, North 78 degrees 47 minutes 18 seconds West 404.96 feet
to an existing iron pin; thence continuing along the same, along the dividing line between
Lot 1 and Lot 2 on the hereinabove referenced Plan, North 24 degrees 37 minutes 03
seconds East 302.47 feet to a set iron pin; thence along the dividing line between Lot 2A
and Lot 3A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds
East 390.39 feet to an existing iron pin; thence along the dividing line between Lot 2 and
Lot 3 on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East
442.77 feet to an existing railroad spike; thence in Booz Road (SR 4003), South 17
degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike, the point
and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3824, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Boom 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said
dividing line, North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing
iron pin; thence along the dividing line between Lot 3A and 4A on the hereinabove
referenced Plan, North 72 degrees 12 minutes 35 seconds West 383.97 feet to a set iron
pin; thence along line of Lot 5 as set forth in the hereinabove referenced Plan, North 24
degrees 37 minutes 03 seconds East 162.98 feet to an existing iron pin; thence along Lot
of Lot 1 as set forth on hereinabove referenced Plan, South 77 degrees 22 minutes 22
seconds East 384.77 feet to an existing concrete monument; thence continuing along the
same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an existing railroad
spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00 degrees 13
minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing
railroad spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3830, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6368 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMERS & MARCHANTS TRUST COMPANY OF
CHAMBERSBURG, Plaintiff (s)
From LEROY K. GORDON and KAREN E. GORDON
(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 gamishee(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 $133,500.00
L.L. $.50
Interest from 3/18/09 to date of sale -- $8,793.96
Atty's Comm %
Atty Paid $181.00
Plaintiff Paid
Date: 3/26/09
(Seal)
Due Prothy $2.00
Other Costs
6urtis R4ng,othon r y
By:
Deputy
REQUESTING PARTY:
Name: SCOTT A. DIETTERICK, ESQUIRE
Address: JAMES SMITH DIETTERICK & CONNELLY LLP
PO BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No. 55650
Plaintiff, NO.: 2008-6368
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
ISSUE NO.:
TYPE OF PLEADING:
Pa.R.C.P. RULE 3129.2(C)
: AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND
OTHER PARTIES OF INTEREST
CODE:
FILED ON BEHALF OF:
Farmers & Merchants Trust Company of
Chambersburg, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST
I, Scott A. Dietterick, Esquire, attorney for Farmers & Merchants Trust Company of
Chambersburg, Plaintiff, being duly sworn according to law depose and make the following
Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter
on Defendants/Owners and Other Parties of Interest as follows:
1. Defendants, Leroy K. Gordon and Karen E. Gordon, are the record owners of the
real property.
2. On or about April 7, 2009, Defendants were served with Plaintiffs Notice of
Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129 via Certified Mail - Return Receipt
Requested at their address, being 186 Booz Road, Shippensburg, Pennsylvania 17257. True and
correct copies of said Notices and Certified Mail Receipts are marked Exhibit "A", attached
hereto and made a part hereof.
3. On or about April 20, 2009, Plaintiff's counsel served all other parties in interest
with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule
3129, 1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and
correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached
hereto and made a part hereof.
Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties
of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance
with Pa. R.C.P. 3129.2.
JAMES, SMITH, DIE-NICK & CONNELLY LLP
Dated: Ayri121, 2009 BY:
Scoff A. iett , Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Sworn to and subscribed before me this
21" day of April 2009.
0, &L L - ?)Ouocc'r'
Notary Public
MY COMMISSION EXPIRES:
F OTARIAL SEAL
TINE L SPURLOCK
Notary PuWIC
N BORO. DAUPHIN COUNTY
lon Expires Jun 29, 2012
I rU.S. Postal Service
CERTIFIED MAIL RECEII=7
(Domestic Mail Only, No lnsurancc Coveragw Prov+deU)
For delivery information visit our website 9t w Nw usPS-com
Restricted Delivery Fee
(Endorsement Required)
• Complete items 1, 2, and 3. Also complete
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 mailpiece,
or on the front If space permits.
lure •,
P'. Yec2lygd by (Wnb
? Agent
Date of Delivery
D. Is dellmY&?from Item 1? ? Yes
If YES, Mt1?115rery a _ rwq below: ? No
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3. Service T - tis - cy?
CeRiflad
Mail
Registered ? Retum Recelpt for Merchandise
? Insured mail ? C.O.D.
4. Restricted Delivery? pft Fee) ? Yes
2. ArtideNumber 7008 1300 0001 8217 8691
(liarWW hom service
Ps Form 3811, February 2004 Domestic Return Receipt 1025%-M4A-1540
1. Article Addressed to:
r%-
0
Iti
CE)
¦ Complete items 1, 2, and 3. Also complete
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 mailpiece,
or on the front If space permits.
1. AM Addressed to-
JAM ; 1/% #-'10 ?'
A... -- l
Received( C Il
U
D. Is delivery address different 1? D-X
If YES, enter delivery address
3. er Type
T ertifled Mail 0 Express Mall
t3 Registered 0 Rehm Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number 7008 1300 0001 8217 8707
(transfer from service
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W154O ;
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail ONY, No Insurance Coverage P, ovinecl,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Leroy K. Gordon
186 Booz Road
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 2, 2009, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
Lots 2 and 2A
Lots 4 and 4A
Shippensburg, Pennsylvania 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2008-6368
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Leroy K. Gordon and Karen E. Gordon
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 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, DIETTERI CONNELLY LLP
DATED: March 23, 2009 BY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan
entitled "Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said
dividing line, North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing
concrete monument; thence along the dividing line between Lot 2A and Lot 5 on the
hereinabove referenced Plan, North 78 degrees 47 minutes 18 seconds West 404.96 feet
to an existing iron pin; thence continuing along the same, along the dividing line between
Lot 1 and Lot 2 on the hereinabove referenced Plan, North 24 degrees 37 minutes 03
seconds East 302.47 feet to a set iron pin; thence along the dividing line between Lot 2A
and Lot 3A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds
East 390.39 feet to an existing iron pin; thence along the dividing line between Lot 2 and
Lot 3 on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East
442.77 feet to an existing railroad spike; thence in Booz Road (SR 4003), South 17
degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike, the point
and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3824, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Boom 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said
dividing line, North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing
iron pin; thence along the dividing line between Lot 3A and 4A on the hereinabove
referenced Plan, North 72 degrees 12 minutes 35 seconds West 383.97 feet to a set iron
pin; thence along line of Lot 5 as set forth in the hereinabove referenced Plan, North 24
degrees 37 minutes 03 seconds East 162.98 feet to an existing iron pin; thence along Lot
of Lot 1 as set forth on hereinabove referenced Plan, South 77 degrees 22 minutes 22
seconds East 384.77 feet to an existing concrete monument; thence continuing along the
same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an existing railroad
spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00 degrees 13
minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing
railroad spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3830, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 2, 2009, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
Lots 2 and 2A
Lots 4 and 4A
Shippensburg, Pennsylvania 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2008-6368
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Leroy K. Gordon and Karen E. Gordon
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 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMIT
DATED: March 23, 2009 BY:
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
,LP
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
Pa. I.D. #55650
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan
entitled "Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said
dividing line, North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing
concrete monument; thence along the dividing line between Lot 2A and Lot 5 on the
hereinabove referenced Plan, North 78 degrees 47 minutes 18 seconds West 404.96 feet
to an existing iron pin; thence continuing along the same, along the dividing line between
Lot 1 and Lot 2 on the hereinabove referenced Plan, North 24 degrees 37 minutes 03
seconds East 302.47 feet to a set iron pin; thence along the dividing line between Lot 2A
and Lot 3A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds
East 390.39 feet to an existing iron pin; thence along the dividing line between Lot 2 and
Lot 3 on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East
442.77 feet to an existing railroad spike; thence in Booz Road (SR 4003), South 17
degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike, the point
and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3824, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Boom 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said
dividing line, North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing
iron pin; thence along the dividing line between Lot 3A and 4A on the hereinabove
referenced Plan, North 72 degrees 12 minutes 35 seconds West 383.97 feet to a set iron
pin; thence along line of Lot 5 as set forth in the hereinabove referenced Plan, North 24
degrees 37 minutes 03 seconds East 162.98 feet to an existing iron pin; thence along Lot
of Lot 1 as set forth on hereinabove referenced Plan, South 77 degrees 22 minutes 22
seconds East 384.77 feet to an existing concrete monument; thence continuing along the
same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an existing railroad
spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00 degrees 13
minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing
railroad spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3830, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
EXHIBIT "B"
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: A&A Decorative Design & Supplies
1000 Mt Rock Road
Shippensburg, PA 17257
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
Dated: April 20, 2009
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
PA ID #55650
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 3 84.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: A&A Decorative Design & Supplies
c/o Shawn D. Meyers
120 N. Main Street
Mercersburg, PA 17236
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, ISMITH, DIETTERICK &
Y
Dated: April 20, 2009
Scott A. Die erick, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Valley Heating & Cooling, LLC
P.O. Box 337
Shippensburg, PA 17257
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNELLYILLP -,,-\
Dated: April 20, 2009 By: /W 11 /
Scott A ie enck, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Fayetteville Contractors, Inc.
P.O. Box FCI
Fayetteville, PA 17222
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNELL' LLP n
Dated: April 20, 2009
By:
Scott A. Dietterick,
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Fayetteville Contractors, Inc.
c/o Donald L. Kornfield
17 N. Church Street
Waynesboro, PA 17268
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNELLX LLP
Dated: April 20, 2009 By: /
Scott A. Diettei c ,
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47-minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Marvin Window & Door Showplace
1261 Claremont Road
Carlisle, PA 17015
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
Dated: April 20, 2009
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
PA ID #55650
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Marvin Window & Door Showplace
c/o Snelbaker & Brenneman
44 W. Main Street
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNALY LLP?
Dated: April 20, 2009 By:
Scott A. Diettenc c, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Orrstown Bank
77 E. King Street
Shippensburg, PA 17257
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, WITH, DIETTERICK &
CONNE Y LIP1
Dated: April 20, 2009 By: -/
Scott A. Dietterick,
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Orrstown Bank
c/o David A. Baric, Esquire
19 W. South Street
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES,
Dated: Apri120, 2009
TH, DIETTERICK &
i.1.P
By:
Scott A. iettenc ?,
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Members First Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNELLLP/1
Dated: April 20, 2009 By: (/
Scott A. Dietterick, E
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Members First Federal Credit Union
c/o Christopher Rice
10 E. High Street
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, D TERICK &
CONNELL)ILL
Dated: April 20, 2009 By:
Scott. Dietterick, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Glass Distributors, Inc.
P.O. Box 349
Bladensburg, MD 20710
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNELLX LLP
Dated: Auri120, 2009
By:
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
PA ID #55650
Attorney for Plaintiff
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South'l7 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Glass Distributors, Inc.
c/o Robert D. Kodak, Esquire
P.O. Box 1848
Harrisburg, PA 17108
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SAJITH, DIETTERICK &
CONNELLIV LLD/- 1
Dated: April 20, 2009 By: v
Scott A. Dietterick,
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Members First Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNE Y
Dated: April 20, 2009 By'
Scott A. Dietterick, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200:100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES,
Dated: April 20, 2009
DIETTERICK &
A. Dietterick, Esquire
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
PA ID #55650
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Department of Revenue
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNELLVi LLP,'-'*'?
Dated: April 20, 2009 By:
Scott A. Dietterick,
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Commonwealth of PA
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of:
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SM H, DIETTERICK &
CONNELL LIhP Z'
Dated: April 20, 2009 By: / y`.?
Scott A. Dietterick, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
TRACT NO. 1
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Cumberland County Domestic Relations Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 2, 2009 at 10:00 a.m., the following described real estate which Leroy K. Gordon
and Karen E. Gordon are the owners or reputed owners and on which you may hold a lien or
have an interest which could be affected by the sale of
Lots 2 and 2A Booz Road
Lots 4 and 4A Booz Road
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
at EX. NO. 08-1012 in the amount of $133,500.00, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNELL11 LLP"N
Dated: Apri120, 2009 By: / t.- / -
Scott A. Dietterick, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Book 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing concrete monument;
thence along the dividing line between Lot 2A and Lot 5 on the hereinabove referenced Plan,
North 78 degrees 47 minutes 18 seconds West 404.96 feet to an existing iron pin; thence
continuing along the same, along the dividing line between Lot 1 and Lot 2 on the hereinabove
referenced Plan, North 24 degrees 37 minutes 03 seconds East 302.47 feet to a set iron pin;
thence along the dividing line between Lot 2A and Lot 3A on the hereinabove referenced Plan,
South 72 degrees 12 minutes 35 seconds East 390.39 feet to an existing iron pin; thence along the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan, South 72 degrees 12
minutes 35 seconds East 442.77 feet to an existing railroad spike; thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike,
the point and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in Cumberland County Plan Boom 92, Page 92, and is
bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing iron pin; thence along
the dividing line between Lot 3A and 4A on the hereinabove referenced Plan, North 72 degrees
12 minutes 35 seconds West 383.97 feet to a set iron pin; thence along line of Lot 5 as set forth
in the hereinabove referenced Plan, North 24 degrees 37 minutes 03 seconds East 162.98 feet to
an existing iron pin; thence along Lot of Lot 1 as set forth on hereinabove referenced Plan, South
77 degrees 22 minutes 22 seconds East 384.77 feet to an existing concrete monument; thence
continuing along the same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an
existing railroad spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00
degrees 13 minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing railroad
spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership Comprised
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and recorded on July
21, 2006 in and for Cumberland County, in Deed Book Volume 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
Of f? PY
2 U9 APR 23 Pry 3: 33
rf j .y\„`, .v``I ?t1
KOPE & ASSOCIATE.S,_LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
395 St. Johns Church Road,:
Camp Hill, PA 17011
(717) 761-7573
sbkope(cb_kopelaw.com
Attorney for Defendant
FARMERS& MERCHANTS TRUST : IN THE COURT OF COMMON PLEA'S
COMPANY OF CHAMBERSBURG : CUMBERLAND COUNTY, PA
Plaintiff,
vs. : NO. 08-6368
LEROY K. GORDON and : CIVIL ACTION - LAW
KAREN E. GORDON, : MORTGAGE FORECLOSURE
Defendants.
PETITION TO SET ASIDE SHERIFF'S SALE
AND NOW, comes Defendants Leroy K. Gordon and Karen E. Gordon, by and
through their undersigned attorney, files this Petition to Set Aside Sheriffs Sale pursuant
to Pa. R.Civ.P. 3132, stating as follows:
1. The Plaintiff initiated this action on or about October 28, 2008, seeking to
foreclose on property owned by the Defendants located at Lots 2 & 2A and Lots 4 & 4A,
Booz Road, Shippensburg, Pennsylvania 17257 (the "Property")..
2. On or about March 26, 2009, the-Plaintiff entered'judgmentagainst 'the
Defendant-krt amotmt of S133,50MOD.,
3. On September 2, 2009 a Sheriff's sale was conducted on said property whereas
the Plaintiff purchased the property for one dollar ($1.00).
4. Defendants had purchased Lot 4 & 4A on July 6, 2006 for ninety five thousand
dollars ($95,000.00) and Lot 2 & 2A on July 7, 2006 for ninety thousand dollars
($90,000.00). See deeds attached herein as Exhibit "A."
5. The property was appraised on September 22, 2009, by S W `Barrett Real, Estate ;
& appraisal Services. Lots 4 & 4A was appraised for sixty four thousand: dollars
($64,000.00). See appraisal attached herein as Exhibit "B." Lot 2 & 2A was appraised
for eighty four thousand five hundred ($84,500.00). See appraisal attached herein as
Exhibit "C."
6. Due to the amounts of the appraisals showing the value of the property to be a
combined one hundred forty eight thousand five hundred ($148,500.00) the plainitff's
purchase price of one dollar ($1.00) is-grossly inadequate.
7. According to Pa. R.Civ.P. 3132, this Honorable Court may.,uporrthe'showing of a;,
grossly inadequate price set aside the sheriff's sale..
WHEREFORE, Defendants Leroy K Gordon and Karen E. Gordont respectfully
request that the Court set aside the September 2,,2009 sheriffs, sale..
,
Respectfully Submitted,
Dater q /? `? l Z vQ
KG?PE: ? NlS54CtiPCTE'S; CCG` "
ne B. Kopeksquire
LAW OFFICF;S OF_ - n
Yf 1Ti f t'C Fsf V LI G-
4/ `F?-k ? }. _
?a ` PROFESSIONA,?L.(yORPORATION
Part of Tax Parcel Number: 11-09-0509-012A
THIS DEED
1b1ADE this day of ' u1? 2006,
BETWEEN
WADEL MASONS, a Pennsylvania partnership, comprised of Wayne L. Wadel, Jr. and Ronald A.
Wadel, whose principal offices are located at 14980 Burnt Mill Road, Shippensburg, Pennsylvania,
"GRANTORS'%
.
AND
LEROY K. GORDON and KAREN E. GORDON, husband and wife, of Shippensburg,
Pennsylvania,
"GR:A1v1?ES".
WITNESSETH, that in consideration of the sum of NINETY-FIVE THOUSAND AND
00/100 ($95,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said
GRANTORS do hereby grant and convey in fee simple to said GRANTEE,
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot "4" and Lot "4A" as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land Surveyor,
which plan has been approved by the appropriate municipal authorities as a final Subdivision Plan,
and which is recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Plan Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said
dividing line, North 72 degrees 12 minutes 35 seconds West 418.44 feet to an
existing iron pin; thence along the dividing line between Lot 3A and Lot 4A on the
hereinabove referenced Plan, North 72 degrees 12 minutes 35 seconds West 383.97
feet to a set iron pin; thence along line of Lot 5 as set forth in Plan Book 92, Page 42,
North 24 degrees 37 minutes 03 seconds East 162.98 feet to an existing iron pin;
Part of Tax Parcel Number: 11-09-0509-012A
THIS DEED
MADE this day of 12006,
01
BETWEEN
WADEL MASONS, a Pennsylvania partnership, comprised of Wayne L. Wadel, Jr. and Ronald A.
Wade], whose principal offices are located at 14980 Burnt Mill Road, Shippensburg, Pennsylvania,
"GRANTORS",
AND
LEROY K. GORDON and KAREN E. GORDON, husband and wife, of Shippensburg,
Pennsylvania,
"GRANTEES,,.
WITNESSETH, that in consideration of the sum of NINETY THOUSAND AND 00/100
($90,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said
GRANTORS do hereby grant and convey in fee simple to said GRANTEES,
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot "2" and Lot "2A" as shown on Subdivision Plan entitled "Final
Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land Surveyor,
which plan has been approved by the appropriate municipal authorities as a final Subdivision Plan,
and which is recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Plan Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said
1
dividing line, North 78 degrees 47 minutes 18 seconds West 469.92 feet to an
existing concrete monument; thence along the dividing line between Lot 2A and Lot
5 on the hereinabove referenced Plan, North 78 degrees 47 minutes 18 seconds West
404.96 feet to an existing iron pin; thence continuing along the same, along the
dividing line between Lot 1 and Lot 2 on the heremabove referenced Plan, North 24
S. W. Barrett Real Estate & Appraisal Services
APPRAISAL OF
LOCATED AT:
Booz Road
Shippensburg,PA 17257
FOR:
Leroy K. & Karen E. Gordon
186 Booz Road
Shippensburg,PA 17257
BORROWER:
Leroy K. & Karen E. GORDON
AS OF:
September 22, 2009
BY:
Stan A. Skowronek
Certified Residential Appraiser
oc:
S. W. Barrett Real Estate & Appraisal Services
09/25/2009
Leroy K & Karen E. Gordon
188 Booz Road
Shippensburg,PA 17257
File Number: 09-0418
In accordance with your request, I have appraised the real property at:
Booz Road
Shlppensburg,PA 17257
The purpose of this appraisal is to develop an opinion of the market value of the subject property, as vacant.
The property rights appraised are the fee simple interest in the site.
In my opinion, the market value of the property as of September 22, 2009
is:
$84,000
Sixty-Four Thousand Dollars
The attached report contains the description, analysis and supportive data for the conclusions,
final opinion of value, descriptive photographs, limiting conditions and appropriate certifications.
Respectfully submitted,
Stan A. Skowronek
Certified Residential Appraiser
S. W. Barrett Real Estate & Appraisal Services
LAND APPRAISAL REPORT
1,70 Aaaress Cool Hold
. Census Tract 0131.01 LENDER DISCRETIONARY USE
Ship nsbu Court Cumberland State PA Z' Code 17257 Sale Price $
Legal Description Deed Book 275, 3830, Tax ID # 11-09-0509-012A Date
OwnedOccu ant Gordon Le K. & Karen E. Ma Reference 09-0509 Mortgage amount s
Sale Price3 N/A Date of Sale N/A Property Rights Appraised M
t
T
Loan eslcerlcessions to be aid seller s WA
X Fee Simple or
gage
ype
Discount Points and Oth
C
R.E Taxes 3 533.00 Tax Year 08109 HOA Slkb. NIA
Leashold er
oncessions
Paid b
S
t
Lender/Clent Leroy K. & Karen E. Gordon
186 Booz Road Shi
Condominium (HUDNA) y
if
er $
nsbu PA 17257 POD Source
LOCATION Urban Suburban X Rural NEIGHBORHOOD ANALYSIS c
m
BUILT UP Over 75% X 25-75%
Under 25%
Employment Stability a Aug
X
GROWTH RATE Rapid X Stable Slow Convenience to Employment X
PROPERTYVALUIE Increasing X Stable Declining Convenience to Shopping X
DEMANDfSUPPLY Shortage X In Balance Over Supply Conve ence to Schools X
MARKETING TIME Under 3 Mos. X 3-6 Mos. Over 6 Mos. Adequ: of Public Transportation X
PRESENT LAND usg % LAND USE CHANGE PREDOMINANT 9,113LEFMLYHg9d' Recreation Facilities X
Single Family 25 Not Likely ? OCCUPANCY PRICE AGE Adequacy of Facilities J(
24 Family 0 Likely 8 Owner X
$(000) (yrs)
Property Compatibility
X
Multi-Family 0• In process X Tenant 100 Low NeW Protection Nom Dllfkltental Cond X
Commercial 0 To: Residential Vacant (0.5%) X
- 375 High 100 .
Police & Fire Proreaion X
Industrial 0• Vacant (over 5%)
V Predormnant General A
Dpearance of Properties
X
acant 75 180 - 30 al ro Market X
Note: Race or the racial cemposd'lon of the neighborhood are not considered reliable appraisal factors. CO
mixed residential and a ricult
l MMENTS-The sub eat is located in a n a rea O f
ura
use which is common to Western Cumberland Court . It is within reasonable dri
distance to ammenlti
h vi ng
es suc
as schools shopping and em to ant.
Dimensions Sae al description T
Site Area 3.72 Acres mill opography Basically Level
Comer Lot No
Zoning Classification A
Sh
tar er than normal
Zoning Compliance Agricultural
HIGHEST & BEST USE
P a
Shape Irregular
:
resent Use Residential Other Use WA Drain
UTILITIES Public Odle( SITEIMPROVEMENTS Type
Public Privat age Appears Adequate
Vi
Glecmc"y X
Street
Macadam e
X ew O n count
Landscaping WA
Curb/Gutter None
Water L Driveway WA
Sidewalk None
Sanitary Sewer to be se tic Street Lights None
Apparent
Easements
None A rent
Storm Seger
AI
None FEMA Food
F
ood Hazard
Yes• NaX
-
comments (Apparent adverse easements, encroachments
special assessm
t
lid Zortne
FEMA• Zone
X
,
en
s, s
e
the area and have no
d areas, etc.): Private water and sanity systems are common to
a
verse affect upon markertabili
The undersigned has recited three recent sales of properties most simuiar and p,ovimare to subject and has considered these in the market analysis. The desuipuon includes a dollar
Tdjustment, affecting market reaction to those items or significant variation between the subject and co
l
t
mparab
o
e properties. it a significant item in the comparable property is superior
o. or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject: it a significant item in the coin
less favorable than, the subject property, a plus (.) adjustment is made
parable is interior to
thus increas
h
e
,
ing t ,
e indicated value of the suble
l.
ITEM SUBJECT COMPARABLE N0.1 COMPARABLE NO
2
Booz Road 41-13-0108-078 .
41-13-0108 9 COMPARABLE N0.3
Address
'
Shi halibut
Horeekitler Rd Shi trial
Horseldiler klller Rd Shi ensbu Lot#6 Kerrsville Rd.
Carlisl
Pro to Sub
a
Sales Price
6.06 miles ESE
6.05 miles ESE e
11.17 miles ENE
Price/ Acre $ WA
$
R1 3 85000
$ 161900
$ 95 000
3 68,600
Data Source
Ins etiordCHR
CPMLS 101675351CHR $ 161010
CPINLS 10167530/CHR E 160422)
VALUE ADJUSTMENTS
DESCRIPTION
DESCRIPTION CPMLS 101620061CHR
Sales or Financing
None DESCRIPTION
DESCRIPTION q.p
Concessions None None
Date ofSale/Time WA 01102/2009
Location
Rural
Rural 01/2212009
09/0 2009
SkeNiew 3.72/Av
5.2b AGAv Rural Rural
Rural
Water
Well
To be well 5.9 AGAv 4.27 AdAv
Sanity
To be as DC 671
To be septic To be well 608 To be well
703
Terrain Cleared/Level Wdsd/Mtn +3N
486 To be se c To be se tic
. Wdad/Mtn +3X 483 Cleared/Level
Net Adj. tote
'Indicated Value
-
X +
'E 1,057
X + - 3 991
X + g
703
of Subject Gross: 6.6
Gross: 6.2
Gross: 4
4
Comments of Sales Comp
alson: Comparabl Net: 6.6
e tlrs 1 & 2 am t s 17 247
ame-- - Net 6.2 s 17 092
:_ .
Net
16,745
Comments and Conditions of
value reported. Appn
Final Reconciliation: The at
I I(VMESTNAATET/EMAFOWrVALUE, AS DEFWED,OFT}E SUBJECT PROPERTYAS OF:§Vtomber 22 2609
I (We) certify: that to the best of my (our) knowledge and belief, the facts and data used herein are true and correct; that I (we) personally inspected the subject property
and inspected all comparable sales cited in this report; and that I (we) have no undisclosed inter rasensdlrpwspgaive therein.
n n i
Appraiser(s)
Review Appraiser "r" -y I
(daDDkable) .. - .. X] Did
Did Not
Property
I %4y Wet Forst dwa
Pa-marbaomp.aenyumawrapsrb Cer61
S.W. Barrett Real Estate & Appraisal Services
?wwCMUUM
Qorrower. Lerov K & Karen E GORDON Fde No 09-0418
Procerty Address. Booz Road Case No
CM Shiupensbum State PA Zio 17257
Lender Leroy K & Karen E Gordon
Site Comments
Per Mr. Gordon this lot has recently transferred title out of his name.
Addendum Pepe 1 of 1
SUBJECT PROPERTY PNnTn AnnFNrM Inn
Borrower: Leroy K, & Karen E. GORDON Fite No,: 09.0418
Propetty Address: IBe Sooz Road _ Case No.:
Cy. Shippensburg State: PA Zip: 17257
Lender: LeroK. & Karen E. Gordon
FRONT VIEW OF
SUBJECT PROPERTY
Appraised Date: September 22, 2009
Appraised Value: $
REAR VIEW OF
SUBJECT PROPERTY
STREET SCENE
Borrower: Leroy K. & Karen E. GORDON File No' 09-0418
Property Address. Booz Road Case No.:
City: Shippensburg State: PA Zip: 17257
Lender: Leroy K. & Karen E. Gordon
r 00 N N
Cfl
N ? N n:.
so 917E 1
t'9
N ? w M
LOCATION MAP
C JO M B E R'I L A N D
/J P E N N S Y L% V A N I A i\,
Subject \ ?, ?` $?
Booz Road $g? .i a _
Shippensburq, PA 17257'4n : ??..r`
Comparable Sale 1
41-13-0108-078
Horsekiller Rd, Shippensburp
(6-.06 mules ESE)
Comparable Sale 2
41-13-0108-079
Horsekiller Rd, SNppensburq
(6.05 miles ESE)
i! \`\
Pine Orove
Slate Park
,1
I
7
1` _.' f71i?.
FRAN(:N ?? ?y? % / .
F
euosraanarartaoroaw?arrnwauy.r. ?` l eta ? 18mkr
L
- `_`_--- Carlisle__._...._..__
(11.17 miles ENE)
rewamaP Legend
flcodZones
Ana b"NW W bl ft" areoodllp
Ana awed" der 106 d 500yaerf..*bft
A"a*w+.aer+aartweaee,a
An.?s..waas,•+saoan9w.w?e,traw,
? FMaeaayaleas
_ FMaeeeyanaswsh tiWeCeyhaall'd
Ata11 of eepllNryYled W MetlN etas haiards
Ana ear erPPad en ay,A*WWd pM
Flood Information
C--4"ty. 421581 - HOPEWELL- TOWNSHIP OF
Pfo wty is not in a FEMA specio( flood hazard area.
Map Humber 421581 WOE Map Datr. 20090316
Panel: 0170E F": 42041
Zorwl x
Nedhef Yneta W" Fwd f1e=are CarWlnean (TFKC) a ACI mere soy
'Ap"'A ago"' of wwoma In - pa"y rarln nbv dw MA-t, or
adrlPWWWAA of Yea bod'port, fty
alt*Xo tare Pernoaer Pafpo". N -WW nor' a no U. ? rw ea
Ooad repo" "N haw arty kblkY b Any wiry party for aoy use a mkuae of
tN- flood report
*"*''d*"' QUALIFICATIONS
The following checked items are SPECIFIC SPECIAL CONDITIONS that were identified by this appraiser during the
inspection of the subject property, the comparables sales, and their neighborhoods and locations. Unless otherwise
noted, the conditions that apply to the subject property or the comparable sales used DO NOT AFFECT THE MARKET
VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This is not a home
inspection service. This is an appraisal to estimate market value.
The subject is located in a rural area and Is less than 25% built-up.
_ _2. Commercial/industrial uses are located within the subject's neighborhood. These uses are typical of similar
neighborhoods.
_x_3. Vacant and undeveloped land uses are located within the subject's neighborhood. These uses are typical for
the area.
_ _4. The predominant value in the neighborhood is less than that of the market value of the subject property. This is
due to the very wide range of value of properties in the area and superior quality of the subject property.
_5. The subject property is located in a F.E.M.A. Identified Flood Zone. Flood insurance coverage is required and
suggested.
_6. Dampness is noted in the basement of the subject Standing or running water was not present on basement
floor. This condition Is considered typical in dwellings of this style.
_7. The subject property is serviced by private well and/or septic systems which is common for the area.
_ _8. The subject is older than five(5) years. All mechanical systems including the heating, electrical and plumbing
systems appear upon a visual exterior inspection to be in working order. No warranties are implied in this statement
_9. Repair items were noted in the comments section of the report. These comments on repair Items are for
descriptive purposes only and are not required repairs. The items listed are cosmetic in nature.
_10. The basement floor Is a dirt floor. This condition is common and typical for the area. and does not pose a
health or safety hazard.
_11. The subject property does contain functional obsolescence as noted in the report. This condition is
considered typical and common for the area and this style dwelling.
_12. The land value exceeds 30% of total value due to the high demand for vacant land in this neighborhood. This
condition is considered common and typical for the neighborhood.
_13. The land value exceeds 30% of total value. This is due to the large size of the site. This condition is
considered to be typical and common.
_14. Individual adjustments were required that exceed 15%. These adjustments were required due to lack of more
similar comparables on that individual rating. All comparables used are the best available.
--16. Total adjustments exceed 25%. This is due to the lack of comparable sales that were more similar in the
subject's market area. All comparables used are the best available.
x16. One or more comparable sales are older than six(6) months. Although there are comparable properties in the
subjects area, none have sold recently; therefore, sales in excess of six(6) months have to be used. All comparables
used are the best available.
_x_17. One or more comparables used were in excess of one (1) mile from the subject property. Although there are
comparable properties In the immediate area, none have sold recently. Therefore, it was necessary to use comparable
sales outside of the immediate area. All comparables used are located In similar neighborhoods and within the same
marketing area. All comparebles used are the best available.
_18. The electrical system was not connected during inspection.
_19. The water service was not connected during inspection.
_20. The heating system was shut down during Inspection.
._21. Roofing -Plumbing _Electrical_Heating_certlfiwtion(s) is/are suggested.
_22. Inground swimming pool-, out buildings-___;m included_not included according to lender's
guidelines. -
_23. According to lender's guidelines a maximum of acres were considered for this valuation. Remaining
acreage was given no value.
"" QUALIFICATIONS
24. The subject property is located on a private road.
_25. Wood infestation inspection is suggested.
_x26. Last recorded deed transfer: Date_0710712006_ _ Consideration: $_90,000_
_27. Proposed constructionlrenovation in accordance to plans and specifications to be completed in a workman-like
manner.
_28. Seller is paying part or all of closing costs.
_x_29. All comparable sales are verified closed sales.
_x_30. There are no special conditions or other requirements that would affect market value or future marketability in
the Appraisal Report
CHECKED ITEMS ARE SPECIFIC SPECIAL CONDITIONS THAT WERE IDENTIFIED BY THIS APPRAISER DURING
INSPECTION.
""*'" `*'* QUALIFICATIONS
Confidentiality and Security Policy
We consider privacy to be fundamental to our relationship with clients. We are committed to maintaining the
confidentiality, integrity and security of clients' personal information. Internal policies have been developed to protect
this confidentiality, while allowing client needs to be served.
We restrict access to personal information to authorized individuals who need to know this information to comply with
federal standards to protect your nonpublic personal Information. We do not disclose this Information about you or
any former consumers or customers to anyone, except as permitted by law. The law permits us to share this
information with our affiliates. The law also permits us to share this information with companies that perform
marketing.
When we share nonpublic Information referred to above, the information is made available for limited purposes and
under controlled circumstances. We require third parties to comply with our standards for security and confientiality.
We do not permit use of consumericustomer information for any other purpose nor do we permit third parties to rent,
sell, trade or otherwise release or disclose Information to any other party.
Education
As of the date of this report,/ and/or Steven W. Barrett, SRPA, SRA, have completed the requirements under the
continuing education program of the Appraisal Institute.
FYe No. 09-0418
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not
affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both pasties are well informed or well advised,
and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment
is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal
consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the
sale.
'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for
those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the
seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property
by comparisons to financing terms offered by a third parry institutional lender that is not already involved in the property or transaction. Any
adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any
adjustment should approximate the market's reaction to the financing or concessions based on the Appraiser's judgment.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the
following conditions:
L The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The
appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised
on the basis of 0 being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is
included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its sae.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data
sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the
appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific
arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their
contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and
are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous
wastes, toxic substances, etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal
research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden
or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic
substances, etc. ) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no
guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such
conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the
appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment
of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she
considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such
items that were furnished by other parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional
Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion,
repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lenderlclient specified in the appraisal report can distribute the
appraisal report (including conclusions about the property value, the appraiser's identify and professional designations, and references to
any professional appraisal organizations or the firm with which the appraiser is associated ) to anyone other than the borrower; the
mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally
approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;
except that the lenderlclient may distribute the property description section of the report only to data collection or reporting service(s)
without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before
the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Vacant Land Page 1 of 2
File No. 09-0418
APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that:
1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate
to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the
market reaction to those items of significant variation. If a significant item in a comparable property is superior to , or more favorable than,
the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a
comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted
sales price of the comparable.
2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the
appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my
knowledge, that all statements and information in the appraisal report are true and correct.
3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject
only to the contingent and Limiting Conditions specified in this form.
4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal
interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the
estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the
prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the
subject property.
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my
compensation for performing this appraisal is contingent on the appraised value of the property.
6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,
the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my
compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a
specific valuation, or the need to approve a specific mortgage loan.
7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,
with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable
time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the
marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section.
6. 1 have personally inspected the subject property and the exterior of all properties listed as comparables
in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the
subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these
adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented
about the effect of the adverse conditions on the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on
significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal
report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal
report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in
the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for iL
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies
and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the
statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking
full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: Booz Road, ShippensbuEg PA 17257
APPRAISER:
Signature: ?
Name: Stan A. Skowronek
Date Signed: M25PM9
State Certification #: RL001672L
or State License*.
State: PA
E.xpirabon Date of Certficaton or License: 06/3012011
SUPERVISORY APPRAISER (only if required)
Signature:._..J ---
Name: Steven W. Barrett, SRPA, SRA, ASA
Date Signed: 0912512009
State Certification #. GA000298L
or State License It. RB026921 A
State: PA
Expiration Date of Certification or Lew , 06/30/2011
Certified Residential Appraiser
?X Did ? Did Not Inspect Property
Certified General Appraiser
-...I `°"" Page 2 of 2
S. W. Barrett Real Estate & Appraisal Services
rat
APPRAISAL OF
LOCATED AT:
Booz Road
Shippensburg,PA 17257
FOR:
Leroy K. & Karen E. Gordon
186 Sooz Road
Shippensburg,PA 17257
BORROWER:
Leroy K. & Karen E. GORDON
AS OF:
September 22, 2009
BY:
Stan A. Skowronek
Certified Residential Appraiser
S. W. Barrett Real Estate & Appraisal Services
me
09/25/2009
Leroy K & Karen E. Gordon
186 Booz Road
Shlppensburg,PA 17257
File Number: o9-0419
In accordance with your request, I have appraised the real property at:
Booz Road
Shippensburg,PA 17257
The purpose of this appraisal is to develop an opinion of the market value of the subject property, as vacant.
The property rights appraised are the fee simple interest in the site.
In my opinion, the market value of the property as of September 22, 2009 is:
$80,500
Eighty Thousand Five Hundred Dollars
The attached report contains the description, analysis and supportive data for the conclusions,
final opinion of value, descriptive photographs, limiting conditions and appropriate certifications.
Respectfully submitted,
-'tG-?6wr41
Stan A. Skowronek
Certified Residential Appraiser
S. W. Barrett Real Estate & Appraisal Services
LAND APPRAISAL REPORT File Nn 094MIQ
.tutu Census Tract 0131.01 LENDER DISCRETIONARY USE
C' Shi ..Idea Coun Cumberla
d
n
state PA Zi Code 17257 Sale Price E
Legal Description Deed Book 275, a 3824, Tax [DO 11-09-0509-067
Date
Oviner/Occu t Gordon LeroK. & Karen E
. M Reference 09-0509 Mortgage Amount E
Sale Price s N/A Date of Sale N/A
Property Rights Appraised Mortgage Type
Loan chargewconcessicinstobe id selers WA
X Fee Simple
Discount Points and Other Concessions
R.E. Taxes f 699.00 Tax Year HOA E/Mo
. Leashold Paid by Seller E
Lenderttxent Lero K. & Karen E. Gordon
Condominium (HUD/VA)
186 Booz Road Ship rhsbu PA 17257
PUD Source
LOCATION Urban Suburban X Rural
NEIGHBORHOOD ANALYSIS cme
.y Iva
BST LIP
Over 75% X 25-75% Under 25%
GROWTH RATE Empktymen[Stebtty x
Rapid
X Stable
Slow Convenience to Employment X X Stable
Incre creaski
PROPERTYVALUES
Li 0
g
X In Balance Declining Convenience to Slopping x
DEMANDISUPPLY Shortage
MARKETING TIME Under Over Supply Convenience to Schools x
Under 3 Mos
X 3-6 Mos
.
. Over 6 Mos. Adequacy of Public Transportation
PRESENT LAND iJSE% LANDUSECHANGE PREDOMINANT SNGLEFAMLYHOt1MG Recreation Faciliti
es
Single Family 25 Not Likely OCCUPANCY PRICE AGE X
0 Adequacy of Facilities X
2d Faintl
y
Likely Owner X S(00g) (yrs) Property Compatb6ty X
•• iqutFFarrty In process X T
enant 100 Low New ProteUion hots Detiirtlemal Cont. X
Commercial 0 To: Residential
Vacant (0.5%) X 375 High 100 Police & Fxe ProteGion
Industrial 0
X
Vacant (over 5%
Vacant 75e ) Predominant General Appearance of Properties X
180 - 30 alto Market X
Note: Race or the racial composkron of the neighborhood are not
id
cons
ered reliable appraisal factors. COMMENTS-The sub eCt is located in an area of
mixed residential and a riculturel use which is co
mmon to Witstem Cumberland Court It is within reasonable driving
distance to ammenMes s
h
uc
as schools shopping and employment.
Dimensions See I al deaeri on
Site Area 4.87 Acres mill ComerLOt NO Topography Basieall Level
Zoning Ciassuricabori A Size Longer than normal
HIGHEST & BEST USE: PresetsUse Reside Zoning Compliance
ntial Agricultural
Shape Irregular
UTILITIES Pubic Other Other Use N/A
SrrEIMPROVEMEWS Type Publi
P
i Drainage A ars Adequate
Elecaody X c
r
vate
Street Macadam
X View
O n count
Gas CurWGuaer None Landscaping WA
Water to be well
Sidewalk None Driveway
r
Sanitary Sewer to be se tic Street Lights None Appa
ent Easements None
Apparent ne A are
Storm Sewer
Norte No
FEW Flood Hazard Yes' No X
Comments (Apparent adverse easements, en
croachments, special assessments
slide areas
etc
): P
t
i FEMAe no x
the area and have no adverse affect ,
,
.
va
e
r
upon marketabilit Water and sanity s terra are Common to
y,
.rteisime tentm. e, re raafertafny meres t ateel three neatece t m thseaose s.m mr.semes m.n siminu end woelmme m s.biea end rtes considered Ines. m to meta enarsis
errs
aomrium .ail
The desml
li
r
b
i
r.. .
1
.
y
en
e
on
ncludes a aouar
ats..' the s.bien end comoereble
Item in the cdmeeoble propegr ie mderior
o., or ton Ievdn He he he subei duo OeR, a minus bl .diusimem is mere, thus uanciny the indicated .sue epesu'e ..; it a s, nifi
fell fe.or.bie ten, to s.biea end
e
eun
i
c
.
H
am acts t the wmderable is mier?or fo.
es i•i ei.slmem is m.ne. thus mnea mb the inmceted tee or th e s.bpv. b
ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO
2
.
COMPARABLE 13101 Road 41-13-0108-078
41-13-0108-078
ville Road
Address
Lot tM6 Kerreviile Road
Still nsbu Horsekllier Rd Shi nsbu Horsekiller Rd Shi
" '
'
nsbu Carlisle
Pro
to Sub
6.06 miles ESE 6.05 miles ESE
Sales Price f WA E 85000 11.17 miles ENE
E 95 000 E Price/ Acre f 0 f 16190 66 500
Data Source f 161010, , E 160420
Ins onICHR CPMLS 10167535/CHR CPIWLS 10167530/CHR
V
A
-
LUE ADJUSTMENTS DESCRIPTION DESCRIPTION CPMLS 1111
60
I 6
Sales or Financing DESCRIPTION DESCRIPTION IPTION
None
None
Concessions None
Dale ofSale/rime WA 01/02/2009 01/22/2009
Location Rural Rural 09/09/2008
Sae/View 4.87 Ac/Av 5.25 Ae/Av Rural Rural
Water To be well To be well 5.9 Ail 4.27 AGAv
Sanity To be se tic To be ea tic To be well To be well
Terrain Cleared/Level WdedllNtn +376 To be se tic To be se tic
486 Wde"Int +3% 483 Cleared/Level
Net Ad'. rota X + - E I 486 X +
Indicated value - f 483 X +
E 0
Gross: 3.0 Gross: 3.0
of SuD' a Gross: 0-
0
.
Net 3.0 E 16 676 Net: 3.0 s 16 584 Net
Comments or Saks Comparison: Cots rable #•s 1 & 2 are wooded lob l
16042
t
d i
oca
e
n the mountains and ad usted for under -Terrain
Cots Table 83 is the CIOS"t cleared vacant land sale of similar acr
'
sub
ea to that of the sub it. Lack of recent sales In the
ects immedlab vicln aired an ax rider search area. These are the best va
Com
l
cant
and sales known to be available.
ments end Condalons of Appraisal: Pro has been a raised in mail " condition
No i
v
l
.
a
ts rovemente were considered in the
ue re rted. A raiser assumes ail necesea Permits for future bunt in on site
Final R
are available.
econciliation: The ad usbd rice r acre ra f
s *15,000 to $116.700 - SAY - 516 500. 116,600 4.87 acres he $80,355 - SAY -
$30,500.
IIWE)ESTaAATETFEMARKETVALUE, AS DEFINED
OF THE SUBJE
,
CT PROPERTYAS OF $P16
e
I (Witcertify: that to the best of my (our) knowledge and belief, the facts and data ,,.ad h..;. 22 2009 robes 80,500
at 1 (we)
a-u 4tpecie0 an comparable sales cite in this report- and that I (we) have no undisclosed interest -resent [" therein personally inspected the subject property
APPreiseds) - " CV tat„{ Review Appraiser
Stan A. Skowronek (f applicable) Steven W. Barre SRA SRPA O Did E] PrDid Not
operty
eexer Lee ram oeeb muOinOwigbsolewe.lpdTdURivwtlr4m.
S.W. Barrett Real Estate & Appraisal Services
BofrDwer: Ler Karen E GORDON 1 1 rnvT C, AYJUtNUUM
File No.: 09-0419
Prpperty A
peddress: ss: Bnsbura o oz Road Case No.:
Ciry: Sh?p
Lender. Lero K. & Karen E. Gordon State: PA ZiO 17257
FRONT VIEW OF
SUBJECT PROPERTY
Appraised Date: September 22, 2009
Appraised Value: $ 80,500
REAR VIEW OF
SUBJECTPROPERTY
STREETSCENE
Borrower: Lero v4C & Karen E. GORDON File No: 09-0419
Property Address: Booz Road Case No
CM Shippensburo State PA Zip 17257
Lender Leroy K & Karen E. Gordon
cc
co
N
N
04
LOCATION MAP
P E R R Y
O •.
FRAWLN
Duos W e?nta? ?ppoe wep.y?My? Ny. k.
Pine GlnYE
S1e[e Dark
FtoodMap Legend
Flood Zones
Areas 4nSWW b15001,aarGaudYq
Arose w61da of ilia 104 an/ e41Aers
?bawWeYtooy.araooa?wwawu hwar,
_ fwa+yanawerraaryamro
Afaeff Ill is edpfsaalsfifealetta s
Area net arpsaa an arypraflead fsW
Flood Information
Comtrarnity: 421581 • HOPEWELL. TOWNSHIP OF
Property In not in a FEMA spsOsal flood hazwd area.
Map IYrnnbw 4215810170E Map Oats: 20090316
Panel: 0170E FPS: 42041
Zone, x
rlashar trenaaroenes Flood -14 CWWkafon (TFHC) Mr ACI make any
repnaantado" or wa wAl" 10 a" Peru corzwr rq the content. accuracy or
OamVtelmasa of ads flood report, brcloding any warramy of
flktaea tera P-*WW PWPOU Nearer TFHC rot ACi -the yor far
food report shalt haw dry arbfby 10 ny wire party for any - or mkuae of
this food raporL
-QUALIFICATIONS The following checked items are SPECIFIC SPECIAL CONDITIONS that were identified by this appraiser during the
inspection of the subject property, the comparables sales, and their neighborhoods and locations. Unless otherwise
noted, the conditions that apply to the subject property or the comparable sales used DO NOT AFFECT THE MARKET
VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This is not a home
inspection service. This is an appraisal to estimate market value.
_x_1. The subject is located in a rural area and is less than 25% built-up.
- 2. Commercialllndustrial uses are located within the subject's neighborhood. These uses are typical of similar
neighborhoods.
x_3. Vacant and undeveloped land uses are located within the subjects neighborhood. These uses are typical for
the area.
- 4. The predominant value in the neighborhood is less than that of the market value of the subject property. This
is due to the very wide range of value of properties In the area and superior quality of the subject property.
_5. The subject property is located In a F.E.M.A. Identified Flood Zone. Flood insurance coverage is required and
suggested.
... 6. Dampness is noted in the basement of the subject Standing or running water was not present on basement
floor. This condition is considered typical in dwellings of this style.
_7. The subject property is serviced by private well and/or septic systems which is common for the area.
_8. The subject is older than five(5) years. All mechanical systems including the heating, electrical and plumbing
systems appear upon a visual exterior inspection to be in working order. No warranties are implied in this statement.
_9. Repair items were noted in the comments section of the report. These comments on repair items are for
descriptive purposes only and are not required repairs. The items listed are cosmetic In nature.
_10. The basement floor is a dirt floor. This condition Is common and typical for the area. and does not pose a
health or safety hazard.
_11. The subject property does contain functional obsolescence as noted In the report This condition is
considered typical and common for the area and this style dwelling.
_12. The land value exceeds 30% of total value due to the high demand for vacant land in this neighborhood. This
condition is considered common and typical for the neighborhood.
_13. The land value exceeds 30% of total value. This is due to the large size of the site. This condition is
considered to be typical and common.
_14. Individual adjustments were required that exceed 15%. These adjustments were required due to lack of more
similar comparables on that individual rating. All comparables used are the best available.
_15. Total adjustments exceed 25%. This is due to the lack of comparable sales that were more similar in the
subjects market area. All comparables used are the best available.
_x_16. One or more comparable sales are older than six(6) months. Although there are comparable properties in the
subjects area, none have sold recently; therefore, sales in excess of six(6) months have to be used. All comparables
used are the best available.
_x_17. One or more comparables used were in excess of one (1) mile from the subject property. Although there are
comparable properties in the immediate area, none have sold recently. Therefore, it was necessary to use comparable
sales outside of the immediate area. All comparables used are located In similar neighborhoods and within the same
marketing area. All comparables used are the best available.
_18. The electrical system was not connected during inspection.
The water service was not connected during inspection.
_20. The heating system was shut down during inspection.
_21. Roofing-Plumbing_Electrical_Heating_certificaUon(s) is/are suggested.
_22. Inground swimming pool-, out buildings_are included_,not Included according to lender's
guidelines.
_23. According to lender's guidelines a maximum of-acres were considered for this valuation. Remaining
acreage was given no value.
1°"****"** QUALIFICATIONS *"*`*
_24. The subject property is located on a private road.
_25. Wood infestation inspection is suggested.
_x 26. Last recorded deed transfer. Date_07/0712006_ Consideration: $_90,000
_27. Proposed construction/renovation in accordance to plans and specifications to be completed in a workman-like
manner.
_28. Seller is paying part or all of closing costs.
_x 29. All comparable sales are verified closed sales.
_x00. There are no special conditions or other requirements that would affect market value or future marketability in
the Appraisal Report.
*""**""'* QUALIFICATIONS
Confidentiality and Security Policy
We consider privacy to be fundamental to our relationship with clients. We are committed to maintaining the
confidentiality, integrity and security of clients' personal information. Internal policies have been developed to protect
this confidentiality, while allowing client needs to be served.
We restrict access to personal information to authorized individuals who need to know this information to comply with
federal standards to protect your nonpublic personal information. We do not disclose this information about you or
any former consumers or customers to anyone, except as permitted by law. The law permits us to share this
information with our affiliates. The law also permits us to share this Information with companies that perform
marketing.
When we share nonpublic information referred to above, the information is made available for limited purposes and
under controlled circumstances. We require third parties to comply with our standards for security and confientiality.
We do not permit use of consumer/customer Information for any other purpose nor do we permit third parties to rent,
sell, trade or otherwise release or disclose information to any other party.
Education
As of the date of this report, I and/or Steven W. Barrett, SRPA, SRA, ASA have completed the requirements under the
continuing education program of the Appraisal Institute.
File W. 09-0419
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not
affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised,
and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment
is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal
consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the
sate.
'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for
those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the
seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property
by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any
adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any
adjustment should approximate the market's reaction to the financing or concessions based on the Appraiser's judgment.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the
following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The
appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised
on the basis of W being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is
included only to assist the reader of the report in visualizing the property and understanding the appraisers determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data
sources) and has noted in the appraisal report whether the subject she is located in an identified Special Flood Hazard Area. Because the
appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific
arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their
contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and
are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous
wastes, toxic substances, etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal
research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden
or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic
substances, etc. ) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no
guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such
conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the
appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment
of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she
considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such
hems that were furnished by other parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional
Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion,
repairs, or aherations on the assumption fhat completion of the improvements will be performed in a workmanlike manner.
lo. The appraiser must provide his or her prior written consent before the lenderklieni specified in the appraisal report can distribute the
appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to
any professional appraisal organizations or the firm with which the appraiser is associated ) to anyone other than the borrower; the
mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally
approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;
except that the lenderlchent may distribute the property description section of the report only to data collection or reporting service(s)
without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before
the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Vacant Lard Page 1 of 2
APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: File No. 09-0419
1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate
to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the
market reaction to those items of significant variation. If a significant item in a comparable property is superior to , or more favorable than,
the subject property. I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a
comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted
sales price of the comparable.
2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the
appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my
knowledge, that all statements and information in the appraisal report are true and correct.
3. 1 staled in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject
only to the contingent and Limiting Conditions specified in this form.
4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal
interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the
estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the
prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the
subject property.
5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my
compensation for performing this appraisal is contingent on the appraised value of the property.
6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,
the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my
compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a
specific valuation, or the need to approve a specific mortgage loan.
7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraised,
with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable
time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the
marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section.
8. 1 have personally inspected the subject property and the exterior of all properties listed as comparables
in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the
subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these
adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented
about the effect of the adverse conditions on the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on
significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal
report, 1 have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal
report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in
the report; therefore, if an unauthorized change is made to tine appraisal report. I will take no responsibility for h.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies
and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the
statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking
full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: Booz Road, Shippensburo PA 17257
APPRAISER:
gtiQ,
Signature:
SUPERVISORY APPRAISER (only if required)
Signature
Name: Stan A. Skowronek ?-
Date Signed: 0912512009
State Certification #. RL001572L
or State License i
State: PA
Expiration Date of Certification or License: 08/30/2011
Certified Residential Appraiser
Name: Steven W. Bartell SRPA SRA ASA
Date Signed: 0912512009
State Certification V. GA000298L
or State License Ilk. RB026921A
State: PA
Expiration Date of Certification or License: 06/30/2011
XX Did ? Did Not Inspect Property
" „ Page 2 of 2
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY I . D. 92207
395 St. Johns Church Road
Camp Hill, PA 17011
(717) 761-7573
sbkope(c?kopelaw.com
Attorney for Defendant
FARMERS &, R4ERCHANTS,TRUST' : IN, THE COUR`0FC014TIi ICft' PLEAS' .
COMPANY OF CHAMBERSBURG : CUMBERLAND COUNTY, PA
Plaintiff,
vs. : NO. 08-6368
LEROY K. GORDON and : CIVIL ACTION - LAW
KAREN E. GORDON, : MORTGAGE FORECLOSURE
Defendants.
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, hereby certify that on September 2a, 2009, I served a
copy of the foregoing Petition to Set Aside Sheriffs Sale by depositing same in the
United States Mail, first class, postage prepaid _in .Camp-,, Eill? Pennsylvania addressed'.
as follows:
Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP'
P.O. Box 650
Hershey, PA 17022.
KOPE & ASSOCIATES,; LLC
Shane Esquire
ID# 207
395 St. o ns hurch Road
Camp Hill, PA 17011
(717) 761-7573
OF THE PRQTtW
2W9 SEP 30 PM 1: 2 3
OM"
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
395 St. Johns Church Road
Camp Hill, PA 17011
(717) 761-7573
sbkope(- kopelaw.com Attorney for Defendant
FARMERS & MERC14ANTS TRUST : IM THE COURT 1F COMM+d(!!C PLEAS ;
COMPANY OF CHAMBERSBURG, CUMBERLAND COUNTY, PA
Plaintiff,
vs. : NO. 08-6368
LEROY K. GORDON and : CIVIL ACTION - LAW
KAREN E. GORDON, : MORTGAGE FORECLOSURE
Defendants.
RULE TO SHOW CAUSE
AND NOW, this 9'` day of Oc.-o h-c-r- 2009, on
consideration of the foregoing Petition, it is, hereby ORDERED that:
1. A Rule is issued upon the respondent to show cause why the petitioner is not
entitled to the relief requested;
2. The respondent shall file an answer to the petition within Z.0 days of
service; azl- a ; goxv,` Jm .
3. Argument shall be held on 2009' in' Courtroom "'T of
the Cumberland County Court of Common "Pleas, located at 1 Courthouse Square,
Carlisle, Pennsylvania; and
4 TWPbWwwsha&pwvk1en tic a4*:efof#ds?0 tcraltpmfts,
BY T COURT:
---T . A-
OF THE rF.,'f' °OTAPY
2009 OCT -9 Phi to 00
lip t izs
A4 k( 2.
rna`t [ LL--
1 4-A ffZA c-
-b P41Y S"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
CIVIL DIVISION
: NO.: 08-6368
ANSWER TO DEFENDANT'S MOTION TO SET ASIDE SHERIFF'S SALE
AND NOW, comes the Plaintiff, by and through its attorneys, James, Smith, Dietterick
& Connelly, LLP and files its Answer to Defendant's Motion to Set Aside Sheriff's Sale as
follows:
1. Admitted.
2. Admitted.
3. Admitted a Sheriff's Sale of Defendants' Real Property was held on September 2,
2009. It is denied Plaintiff purchased the Real Property for $1.00. In Cumberland County, a bid
of $1.00 represents a bid of Sheriff's Costs, which in this matter was $1,714.09. By way of,
further answer, Plaintiff is the mortgage holder who offered the property for sale in order to
collect on its secured interest, which judgment was $133,500.00.
4. The deeds attached to Defendants' Petition are documents in writing which speak
for itself.
5. The appraisals attached to Defendants' Petition are documents in writing which
speak for itself.
6. Denied. As aforesaid, Plaintiff is the holder of the mortgages and brought these
properties to sheriff's sale in order to collect its secured interest. Gross inadequacy of price
arguments for setting aside sheriff s sales are only applicable when a third party purchases the
property at Sheriff s Sale.
7. Denied. Defendants have not set forth a valid basis to set aside the sheriff s sale.
WHEREFORE, Plaintiff requests this Honorable Court deny Defendants' Petition along
with such other relief as this Court deems just.
Respectfully Submitted:
JAMES, SMITH, DIETTE CK & ELLY LLP
Dated: BY:
Scott ietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
NO.: 08-6368
Plaintiff,
Vs.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Answer was
served on the following this 16th day of October, 2009, via First Class U. S. Mail, Postage Pre-
paid:
Shane B. Kope, Esquire
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
JAMES, SMITH, DIETTERICK & NNEL LLP
BY
Scott A ietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
29"9 CCT 19 ° + v: 49
r . - -rv
1-1 - ....
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
-----------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG, CIVIL DIVISION
Plaintiff, NO.: 08-6368
VS.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
1. State matter to be argued (i.e., plaintiff's motion for new
trial, defendant's demurrer to complaint, etc.):
Defendants' Petition to Set Aside Sheriff's Sale
2. Identify counsel who will argue case:
(a) for plaintiff: Kimberly A. Bonner, Esquire
Address: P.O. Box 650, Hershey, PA 17033
(b) for defendant : Shane Kope, Esquire
Address: 395 St. Johns Church Road, Suite 101, Camp Hill, PA 17011
3. I will notify all parties in writing within two days that
this case has been listed for argument.
4. Argument Court date: NOVEMBER 25, 200
Attorney for Plaintiff
A40
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
NO.: 08-6368
Plaintiff,
VS.
LEROY K. GORDON; and
KAREN E. GORDON,
Defendants.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Argument
Praecipe was served on the following this 01h day of October, 2009, via First Class U. S. Mail,
Postage Pre-paid:
Shane B. Kope, Esquire
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
JAMES, SMITH, DIETTE ICK & O ELLY LLP
BY
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
C q
2?9G;; 19 ° 5 Q
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which FARMERS & MERCHANTS TRUST CO OF CMAMBERSBURG is the
grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by
virtue of a writ Execution issued on the 26TH day of MARCH, A.D., 2009, out of the Court of Common
Pleas of said County as of Civil Term, 2008 Number 6368, at the suit of FARMERS & MERCHANTS
TRUST CO OF CHAMBERBURG against LEROY K GORDON & KAREN E is duly recorded as
Instrument Number 200934670.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this 7
op? , A.D. -?- 00 9
day of
of Deeds
_.;d t;C A 5j, cW", PA
',l 1A ist hkA-
Sheriff s Office of Cumberland County
R Thomas Kline
Sheriff 4110
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant'
Edward L Schorpp
Solicitor
JC>
Farmers & Merchants Trust Company of Chambersburg
vs.
Leroy K Gordon
Case Number
2008-6368
SHERIFF'S RETURN OF SERVICE
06/27/2009 12:23 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
27, 2009 at 1220 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendants, to wit: Leroy K. Gordon and Karen E.
Gordon, by making known unto, Karen E. Gordon, by handing to Leroy K. Gordon, at, 186 Booz Road,
Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copy of the same.
06/27/2009 12:23 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
27, 2009 at 1220 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Leroy K. Gordon and Karen E. Gordon,
located at, Lots 2 & 2A and Lots 4 & 4A Booz Road, Shippensburg, Cumberland County, Pennsylvania
according to law.
06/27/2009 12:20 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
27, 2009 at 1220 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendants, to wit: Leroy K. Gordon and Karen E.
Gordon, by making known unto, Leroy K. Gordon, personally, at, 186 Booz Road, Shippensburg,
Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said
true and correct copy of the same.
09/03/2009 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 September 2, 2009 at 10:00 o'clock A.M.
He sold the same for the sum of $1.00 to Attorney Scott Dietterick, on behalf of, Farmers and Merchants
Trust Company of Chambersburg, of, P.O. Box 6010, Chambersburg, PA, 17201, being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $ 1714.09
SHERIFF COST: $1,714.09
?)-
September 24, 2009 ? /z/ 2- 0?
SO ANSWERS,
R THOMAS KLINE, SHERIFF
utij
If
. le '7 '7
G , 317 45
Y
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
CIVIL DIVISION
NO.: 2008-6368
AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers & Merchants Trust Company of Chambersburg, Plaintiff in the above
action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at Lots 2 and 2A Booz Road,
Shippensburg, Pennsylvania 17257 & Lots 4 and 4A Booz Road, Shippensburg,
Pennsylvania 17257:
1. Name and Address of Owner(s) or Reputed Owner(s):
LEROY K. GORDON
KAREN E. GORDON
186 Booz Road
Shippensburg, PA 17257
186 Booz Road
Shippensburg, PA 17257
2. Name and Address of Defendant(s) in the Judgment:
LEROY K. GORDON
KAREN E. GORDON
186 Booz Road
Shippensburg, PA 17257
186 Booz Road
Shippensburg, PA 17257
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
FARMERS & MERCHANTS TRUST COMPANY Plaintiff
OF CHAMBERSBURG
I
A&A DECORATIVE DESIGN & SUPPLIES 1000 Mt Rock Road
Shippensburg, PA 17257
and
c/o Shawn D. Meyers
120 N. Main Street
Mercersburg, PA 17236
VALLEY HEATING & COOLING, LLC P.O. Box 337
Shippensburg, PA 17257
FAYETTEVILLE CONTRACTORS, INC. P.O. Box FCI
Fayetteville, PA 17222
and
c/o Donald L. Kornfield
17 N. Church Street
Waynesboro, PA 17268
MARVIN WINDOW & DOOR SHOWPLACE 1261 Claremont Road
Carlisle, PA 17015
and
c/o Snelbaker & Brenneman
44 W. Main Street
Mechanicsburg, PA 17055
ORRSTOWN BANK 77 E. King Street
Shippensburg, PA 17257
and
c/o David A. Baric, Esquire
19 W. South Street
Carlisle, PA 17013
MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive
Mechanicsburg, PA 17055
and
c/o Christopher Rice
10 E. High Street
Carlisle, PA 17013
GLASS DISTRIBUTORS, INC. P.O. Box 349
Bladensburg, MD 20710
and
c/o Robert D. Kodak, Esquire
P.O. Box 1848
Harrisburg, PA 17108
4
5.
Name and Address of the last record holder of every mortgage of record:
FARMERS & MERCHANTS TRUST Plaintiff
COMPANY OF CHAMBERSBURG
MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive
Mechanicsburg, PA 17055
Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX Cumberland County
CLAIM BUREAU Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
DEPARTMENT OF REVENUE
COMMONWEALTH OF PA
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
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:
CUMBERLAND COUNTY DOMESTIC Cumberland County
RELATIONS OFFICE Courthouse
One Courthouse Square
Carlisle, PA 17013
I
I verify that the statements made in this Affidavit are true and correct to the best
of my personal 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.
JAMES,
DATED: March 23, 2009 BY:
CK & CONNELLY LLP
Dietterick, Esquire
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Pa. I.D. #55650
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Leroy K. Gordon
186 Booz Road
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 2, 2009, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The LOCATION of your property to be sold is:
Lots 2 and 2A
Lots 4 and 4A
Shippensburg, Pennsylvania 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2008-6368
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Leroy K. Gordon and Karen E. Gordon
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 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, DIETTERI CONNELLY LLP
DATED: March 23, 2009 BY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan
entitled "Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said
dividing line, North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing
concrete monument; thence along the dividing line between Lot 2A and Lot 5 on the
hereinabove referenced Plan, North 78 degrees 47 minutes 18 seconds West 404.96 feet
to an existing iron pin; thence continuing along the same, along the dividing line between
Lot 1 and Lot 2 on the hereinabove referenced Plan, North 24 degrees 37 minutes 03
seconds East 302.47 feet to a set iron pin; thence along the dividing line between Lot 2A
and Lot 3A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds
East 390.39 feet to an existing iron pin; thence along the dividing line between Lot 2 and
Lot 3 on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East
442.77 feet to an existing railroad spike; thence in Booz Road (SR 4003), South 17
degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike, the point
and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3824, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-057
TRACT NO. 2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Boom 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said
dividing line, North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing
iron pin; thence along the dividing line between Lot 3A and 4A on the hereinabove
referenced Plan, North 72 degrees 12 minutes 35 seconds West 383.97 feet to a set iron
pin; thence along line of Lot 5 as set forth in the hereinabove referenced Plan, North 24
degrees 37 minutes 03 seconds East 162.98 feet to an existing iron pin; thence along Lot
of Lot 1 as set forth on hereinabove referenced Plan, South 77 degrees 22 minutes 22
seconds East 384.77 feet to an existing concrete monument; thence continuing along the
same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an existing railroad
spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00 degrees 13
minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing
railroad spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3830, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2008-6368
VS.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 2, 2009, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
Lots 2 and 2A
Lots 4 and 4A
Shippensburg, Pennsylvania 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2008-6368
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Leroy K. Gordon and Karen E. Gordon
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 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMIT
DATED: March 23, 2009 BY:
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LP
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
Pa. I.D. #55650
LEGAL DESCRIPTION
TRACT NO. 1:
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot 2 and Lot 2A as shown of Subdivision Plan
entitled "Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Book 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 2 and Lot 5 on the hereinabove referenced Plan; thence along said
dividing line, North 78 degrees 47 minutes 18 seconds West 469.92 feet to an existing
concrete monument; thence along the dividing line between Lot 2A and Lot 5 on the
hereinabove referenced Plan, North 78 degrees 47 minutes 18 seconds West 404.96 feet
to an existing iron pin; thence continuing along the same, along the dividing line between
Lot 1 and Lot 2 on the hereinabove referenced Plan, North 24 degrees 37 minutes 03
seconds East 302.47 feet to a set iron pin; thence along the dividing line between Lot 2A
and Lot 3A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds
East 390.39 feet to an existing iron pin; thence along the-dividing line between Lot 2 and
Lot 3 on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East
442.77 feet to an existing railroad spike; thence in Booz Road (SR 4003), South 17
degrees 47 minutes 25 seconds West 200.100 feet to an existing railroad spike, the point
and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 7, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3824, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-057
TRACT NO.2
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot 4 and Lot 4A as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has been approved by the appropriate municipal
authorities as a final Subdivision Plan, and which is recorded in Cumberland County Plan
Boom 92, Page 92, and is bounded and described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing
line between Lot 3 and Lot 4 on the hereinabove referenced Plan; thence along said
dividing line, North 72 degrees 12 minutes 35 seconds West 418.44 feet to an existing
iron pin; thence along the dividing line between Lot 3A and 4A on the hereinabove
referenced Plan, North 72 degrees 12 minutes 35 seconds West 383.97 feet to a set iron
pin; thence along line of Lot 5 as set forth in the hereinabove referenced Plan, North 24
degrees 37 minutes 03 seconds East 162.98 feet to an existing iron pin; thence along Lot
of Lot 1 as set forth on hereinabove referenced Plan, South 77 degrees 22 minutes 22
seconds East 384.77 feet to an existing concrete monument; thence continuing along the
same, South 83 degrees 51 minutes 25 seconds East 363.21 feet to an existing railroad
spike along Booz Road (SR 4003); thence in Booz Road (SR 4003), South 00 degrees 13
minutes 25 seconds West 146.10 feet to an existing railroad spike, thence continuing
along the same, South 17 degrees 47 minutes 25 seconds West 130.49 feet to an existing
railroad spike, the point and place of BEGINNING.
CONTAINING 3.7183 acres, more or less, in accordance with the above-
referenced plan.
BEING the same premises which, Wadel Masons, a Pennsylvania Partnership
Comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by Deed dated July 6, 2006 and
recorded on July 21, 2006 in and for Cumberland County, in Deed Book Volume 275,
Page 3830, granted and conveyed unto Leroy K. Gordon and Karen E. Gordon, husband
and wife.
Parcel No. 11-09-0509-012A
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-6368 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMERS & MARCHANTS TRUST COMPANY OF
CHAMBERSBURG, Plaintiff (s) _ ?-
From LEROY K. GORDON and KAREN E. GORDON
(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 $133,500.00
L.L. $.50
Interest from 3/18/09 to date of sale -- $8,793.96
Atty's Comm %
Arty Paid $181.00
Plaintiff Paid
Date: 3/26/09
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs
Curtis R. Lo g, Pr thono ary
L;N?a
By:
Deputy
Name: SCOTT A. DIETTERICK, ESQUIRE
Address: JAMES SMITH DIETTERICK & CONNELLY LLP
PO BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone : 717-533-3280
Supreme Court ID No. 55650
Real Estate Sale #
On May 5, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Hopewell Township, Cumberland County, PA
Known and numbered as, Lots 2 and 2A and Lots 4
and 4A, Booz Road, Shippensburg, more fully
described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
Date: May 5, 2009
By:
Real Estate Coordinator
??
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:
July 24, July 31 and August 7, 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 Covnel Editor
SWORN TO AND SUBSCRIBED before me this
da of August, 2009
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO. CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
REAL ESTATE SALE NO. 44
Writ No. 2008-6368 Civil
Farmers & Merchants Trust
Company of Chambersburg
vs.
Leroy K. Gordon
Karen E. Gordon
Atty.: Scott Dietterick
TRACT NO. 1:
ALL that certain lot or tract of
land situate in Hopewell Township,
Cumberland County, Pennsylvania,
designated as Lot 2 and Lot 2A as
shown of Subdivision Plan entitled
"Final Subdivision Plan for Wadel
Masons" prepared by Eric L. Diffen-
baugh, Professional Land Surveyor,
which plan has been approved by the
appropriate municipal authorities as
a final Subdivision Plan, and which is
recorded in Cumberland County Plan
Book 92, Page 92, and is bounded
and described as follows:
BEGINNING at an existing rail-
road spike in Booz Road (SR 4003) at
the dividing line between Lot 2 and
Lot 5 on the hereinabove referenced
Plan; thence along said dividing line,
North 78 degrees 47 minutes 18 sec-
onds West 469.92 feet to an existing
concrete monument; thence along
the dividing line between Lot 2A and
Lot 5 on the hereinabove referenced
Plan, North 78 degrees 47 minutes 18
seconds West 404.96 feet to an exist-
ing iron pin; thence continuing along
the same, along the dividing line
between Lot 1 and Lot 2 on the here-
inabove referenced Plan, North 24
degrees 37 minutes 03 seconds East
302.47 feet to a set iron pin; thence
along the dividing line between Lot
2A and Lot 3A on the hereinabove
referenced Plan, South 72 degrees 12
minutes 35 seconds East 390.39 feet
to an existing iron pin; thence along
the dividing line between Lot 2 and
Lot 3 on the hereinabove referenced
Plan, South 72 degrees 12 minutes
35 seconds East 442.77 feet to an ex-
isting railroad spike; thence in Booz
Road (SR 4003), South 17 degrees 47
minutes 25 seconds West 200.100
feet to an existing railroad spike, the
point and place of BEGINNING.
CONTAINING 4.8684 acres, more
or less, in accordance with the above-
referenced plan.
BEING the same premises which,
Wadel Masons, a Pennsylvania
Partnership Comprised of Wayne
L. Wadel, Jr. and Ronald A. Wadel,
by Deed dated July 7, 2006 and re-
corded on July 21, 2006 in and for
Cumberland County, in Deed Book
Volume 275, Page 3824, granted and
conveyed unto Leroy K. Gordon and
Karen E. Gordon, husband and wife.
Parcel No. 11-09-0509-057
TRACT NO. 2
ALL that certain lot or tract of
land situate in Hopewell Township,
Cumberland County, Pennsylvania,
designated as Lot 4 and Lot 4A as
shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel
Masons" prepared by Eric L. Diffen-
baugh, Professional Land Surveyor,
which plan has been approved by the
appropriate municipal authorities as
a final Subdivision Plan, and which is
recorded in Cumberland County Plan
Boom 92, Page 92, and is bounded
and described as follows:
BEGINNING at an existing rail-
road spike in Booz Road (SR 4003) at
the dividing line between Lot 3 and
Lot 4 on the hereinabove referenced
Plan; thence along said dividing line,
North 72 degrees 12 minutes 35 sec-
onds West 418.44 feet to an existing
iron pin; thence along the dividing
line between Lot 3A and 4A on the
hereinabove referenced Plan, North
72 degrees 12 minutes 35 seconds
West 383.97 feet to a set iron pin;
thence along line of Lot 5 as set forth
in the hereinabove referenced Plan,
North 24 degrees 37 minutes 03 sec-
onds East 162.98 feet to an existing
iron pin; thence along Lot of Lot 1 as
set forth on hereinabove referenced
Plan, South 77 degrees 22 minutes
22 seconds East 384.77 feet to an
existing concrete monument; thence
conttinuing along the same, South 83
degrees 51 minutes 25 seconds East
363.21 feet to an existing railroad
spike along Booz Road (SR 4003);
thence in Booz Road (SR 4003),
South 00 degrees 13 minutes 25
seconds West 146.10 feet to an exist-
ing railroad spike, thence continuing
along the same, South 17 degrees
47 minutes 25 seconds West 130.49
feet to an existing railroad spike, the
point and place of BEGINNING.
CONTAINING 3.7183 acres, more
or less, in accordance with the above-
referenced plan.
BEING the same premises which,
Wadel Masons, a Pennsylvania
Partnership Comprised of Wayne
L. Wadel, Jr. and Ronald A. Wadel,
by Deed dated July 6, 2006 and
recorded on July 21, 2006 in and
for Cumberland County, in Deed
Book Volume Gordon, husband and
wife. 275, Page 3830, granted and
conveyed unto Leroy K. Gordon and
Karen E.
Parcel No. 11-09-0509-012A.
PROPERTY ADDRESS: Lots 2
& 2A and Lots 4 & 4A, Booz Road,
Shippensburg, PA 17257.
e .the Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
z4fPatriot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant 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 she 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 she 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:
07/24/09
07/31/09
?? - 08/07/09
Sworn to !nn suq?cribed before me t is 1 da f gust, 2009 A.D.
" Not%tifP4$lic
MNEALTH OF PENNSYLVANIA
Sherrie L Notarial Seal
CRY O f Harrisburg' Notary Pub#C
MY r9' Dauphin County
Member, Pei Association DV. 26,2011
of Notaries
4019-No. "
Writ Mb. 300640B CM Term
Farmers & Merchants Thot
Company of
Chembsreburg
Va.
Leroy 'K Gordon
Kai" tt Gordon
Atty. Scott Dfetterlck
TRACT NO. 1: ALL that certain lot or tract of
land situate in Hopewell Twnship, Cumberland
County, Pennsylvania, designated as Lot 2 and
Lot 2A as shown of Subdivision Plan entitled
'Final Subdivision PIP for Wadel Masons„
prepared. by Brie L. Diffenbaugh, Professional
Land Surveyor,, which plan has, been approved
by the appropriate municipal authorities: is a
final Subdivision Plan, and which'is recorded in
Cumberlatal County Plan Book 92, Page-92, and
is 'bounded and' described as follows:
BEGINNING at: an existing railroad spike, in
Booz Road (SR 4003) at the, dividing be
between Lot 2 and Lot 5 on the °hadnabove
referenced Plan; thence along said dividing line,'
North 78 degrees 47 mintttes'l8 seconds West
469.92 feet to an existing: concrete monument;
thence along &a dlviding be between Lot 2A
and Lot 5 out the hereinabova 3efetenoW Plan,
North 7s degree 47 minuteslg s sands West
404.96 felt to an existing iron pin; thence
contita»ng'ali the same; atoag tbe,dividing
lid bt tarLnf I ind Lot 2 an tho hereinabove
referenced Plan, North 24 degrees 37 minter 03
seconds Fast 302.47 feet to a set iron pin; thence
tltadwddiagliaebyro?Lot.2A and Lot
tree hmiiibove feTerehcad'Plea; South
72 degrees 12 minutes 35, seconds Feat 390.39
feet to an existing 'am pin; them along the
dividing line between Lot 2 and Lot 3 on the
beretsabove referenced Plan, South 72 degrees
12 minutes 35 seconds East 442.77 feet to an
existing railroad spike;'thence in Booz Road (SR
4003), South 17 degrees 47 minutes 25 seconds
West 20010D;feet to an existing idroad'spilA
the point' and place of BEGINNING.
CONTAINING 4.8684 acres, more or less, in
accordance with the above-referenced plan.
BEING the same premises which, Wadel
Masons, a Pennsylvania Partnerslrip Comprised.
of Wayne L. Wadel, Jr. and Ronald A. Wadel, by
Deed dated July 7, 2006 and recorded on July
21, 2006 in and for Cumberland County, in
Deed Book Vbmmt 273, Pap 3g24, paused and
cOmrW taD Lamy `IL: Gordon ad Kom E.
Gotha kW=d and %*. PMW Ito. 11-W
0509-037
TRACT NO.2 ALL that certain lot or tract of
land situate in Hopewell Township, Cumberland
County; Pennsylvania, designated as Lot 4 and
Lot 4A as shown on Subdivision Plan entitled
"Final Subdivision PIW for Wadel Masons„
prepared by Eric L. Diffenbaugh, Professional
Land Surveyor, which plan has been approved
by the appropriate municipal authorities"as a
final Subdivision Plan,'and which is-recorded in
Cumberland County, Plan Boom'92, Page 92,
and is bounded 'Ia??nd described as follows:
BEGINNING at an existing railroad spice in
Boaz Road (SR 4003) at'the dividing fine
between Lot 3 and Lot 4 on the hereinabove
referenced flan; thence along said dividing line,
Nash 72 degrees 12 minutes 35 seconds West
418,44 feet to an existing iron pin; thence4long
the dividing lime between Lot 3A md'4A on the
hereinabove referenced Plan, North 72 degrees
12binutes,35 seconds West 383.97 feet to a set
imb pin; thence along line of Lot 5 as set forth
in Itim hereinabove referenced Plan, North 24
degrees 37 minutes 03 seconds East 162.98 feet
to an existing iron pin; Tbence'aTong Lot of Lot 1
as set forth on hereinabove referenced Plan,
South 77'degrees'22 minutes 22 seconds East
384,77 feet to an existing concrete monument;
thence couttinuing along the same, South 83
degrees 51 minutes 25 seconds East 363.21 feet
town existing "railroad spike along' Bo- Road
(SR 4043): dente in Booz Road (SR 4003),
South 00 degrees 13 minutes 25 seconds West
146.10 feet to an existing railroad spike, thence
continuing along the same, South 17 degrees 47
minutes 25 seconds West 130.49 feet to an
existing railroad spike, the point and place of
BEGINNING. CONTAINING 3.7183 acres,
more or less, in accordance with the above-
referenced plan. BEING the same premises
which, Wadel Masons, a Pennsylvania
Partnership Comprised of Wayne L. Wadel, Jr.
and Ronald A. Wadel, by Deed dated July 6,
2006 and recorded on July 21; 2006 in and for
Cumberland County, in Deed. Book Volume
Gordon, husband and wife. 275, Page 3830,
granted and coq V* unto Leroy IL Gordon and
Rates E. ` Paiixi No. 11x09-0309-012A
P1 Y ADMOSS: I.ots 2 & 2A ad Lots
4 d 4-A, 11m W 24peasbmg, PA 17257
r ti
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
395 St. Johns Church Road
Camp Hill, PA 17011
(717) 761-7573
sbkopeCaD-kopelaw.com
Attorney for Defendant
FARMERS & MERCHANTS TRUST : IN THE COURT OF COMMON PLEAS
COMPANY OF CHAMBERSBURG : CUMBERLAND COUNTY, PA
Plaintiff,
vs.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants.
NO. 08-6368
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
PRAECIPE TO WITHDRAW PETITION TO SET ASIDE SHERIFF SALE
TO THE PROTHONOTARY:
Please withdraw Defendant's Petition to Set Aside Sheriff Sale that was filed in
the above captioned mortgage foreclosure matter. This withdrawal will make the
hearing scheduled on November 19, 2009 at 2:30 pm unnecessary.
Respectfully Submitted,
Date: I 7t/ 17 10c,
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, hereby certify that on November 17, 2009, 1 served a
copy of the foregoing Praecipe to Withdraw Defendant's Petition to Set Aside Sheriff's
Sale by both facsimile and first class, postage prepaid mail in Camp Hill, Pennsylvania,
addressed as follows:
Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17022
717-533-2795
IATES, LLC
Sh ?Kope, Esquire
395§1. Jobs` Church Road
Camp Hill, PA 17011
(717) 761-7573
THE PROTHONOTARY
2H9 NOV 19 PM 1: 19
i?OUNIY
PEWYLVAN A