HomeMy WebLinkAbout09-8190THE BANK OF LANDISBURG,
Plaintiff
V.
WILLIAM J. WIRL, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIANIA
NO. 09- { CtUil?tl
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NOTICE
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Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
AVISO
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Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 0
V.
CIVIL ACTION - LAW
WILLIAM J. WIRL, III,
Defendant IN MORTGAGE FORECLOSURE
COMPLAINT
1. The Plaintiff, the Bank of Landisburg, hereinafter sometimes referred to as
"Mortgagee" is a Pennsylvania corporation with a principal place of business at 100 North
Carlisle Street, Landisburg, Perry County, Pennsylvania.
2. The Defendant, William J. Wirl, III, hereinafter sometimes called "Mortgagor" is
an adult individual residing at 8 Woodview Drive, Mount Holly Springs, Cumberland County,
Pennsylvania.
3. At all times material to the Plaintiffs cause of action, the Mortgagor, William J.
Wirl, III, has been the owner of a tract of land and the buildings thereon erected known and
numbered as 418 Chestnut Drive, South Middleton Township, Boiling Springs, Cumberland
County, Pennsylvania.
4. The land is more fully described in Exhibit A attached hereto and made a part
hereof by reference.
5. On or about September 26, 2008, in consideration of the loan $249,900.00 made
by the Mortgagee to the Mortgagor, the said Mortgagor executed and delivered to the
Mortgagee a Note secured by a Mortgage on the land obligating the Mortgagor to pay the
principal sum within twelve (12) months and to pay interest on a monthly basis at the rate of
7.30% per annum together with other terms and conditions set forth in said Mortgage. The
Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania to Instrument Number 200832786. A true and correct copy of said Mortgage is
set forth in Exhibit B attached hereto and made a part hereof by reference.
6. Defendant Mortgagor is in default on the Mortgage in that he has failed to pay the
principal as required and to pay interest from and after May 26, 2009.
7. The Defendant, William J. Wirl, III, is the present real owner of the Land.
8. The amount due under the Mortgage is computed as follows:
Principal $249,900.00
Interest through October 25, 2009 7,646.94
Late Fees 229.91
Attorneys' Collection Commission 25,777.69
TOTAL $283,554.54
9. The Land is not the principal residence of the Defendant.
10. The Defendant is not a member of the armed forces of the United States and is
not entitled to any benefits of the Soldiers and Sailors Relief Act as amended.
WHEREFORE, Plaintiff demands Judgment in rem against the Defendant in the amount
of $283,554.54 together with interest thereon at the rate of 7.30% per annum from October 25,
2009 and the costs of this suit.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By
Richard W. Stewart
Attorney I. D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
383279
VERIFICATION
I, ROGER L. BLUMENSCHEIN, Sales Manager of The Bank of Landisburg, the Plaintiff named in the
foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of
the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification authorities.
RO R L. BLUMENSCHEIN
EXHIBIT A
Legal Description
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, Lot No. 150 on the Final Subdivision Plan of Indian Hills - Section No. 4, recorded in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 92, Page
109, the same being numbered as more particularly described as follows:
BEGINNING at a point on the eastern right of way line of Hope Drive (a 50 feet wide right of way)
at the dividing line of Lot No. 150 and Lot No. 149 of the aforementioned Plan; thence along the dividing
line of Lot No. 150 and Lot No. 149, South 03 degrees 04 minutes 15 second West 150.00 feet to a point;
thence along the dividing line between Lot No. 150 and Lot No. 151, North 84 degrees 03 minutes 16
seconds West, 126.60 feet to a point; thence along the northern right of way line of Chestnut Drive (a 50
feet wide right of way) and Lot No. 150, North 05 degrees 56 minutes 44 seconds East, 129.57 feet to a
point; thence continuing along Lot No. 150, thence by a curve to the right having a radius of 15.00 feet, an
arc length of 22.81 feet with a chord bearing North 49 degrees 30 minutes 30 seconds East, 2067 feet to
a point; thence along the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the
dividing line of Lot No. 150, South 86 degrees 55 minutes 45 seconds East, 104.96 feet to the point and
place of BEGINNING.
CONTAINING 18,003.35 Square Feet.
UNDER AND SUBJECT, NEVERTHELESS, to all associated rights, provisions, and conditions of
a ten (10) foot wide Storm Drainage Easement as shown on the herein above mentioned Final
Subdivision Plan for Indian Hills Section No. 4.
UNDER AND SUBJECT, NEVERTHELESS, to the conditions, notations, restrictions and
easements as noted on the hereinabove mentioned Final Subdivision Plan of Indian Hills-Section No. 4,
together with any other easements, restrictions, covenants, conditions & rights of ways visible of its
record.
UNDER AND SUBJECT, NEVERTHELESS, Declaration of Protective Covenants, Conditions,
Restrictions and Reservations for said Final Subdivision Plan dated July 26, 2007 and recorded July 31,
2007 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Misc. Book 738,
Page 5065, including but not limited to:
(1) When any dwelling is constructed on the herein described lot, prior to occupancy thereof
but no later than three (3) years after the date of settlement for the within conveyance or
the date required by the Township pursuant to the above-referenced subdivision approval
process, whichever event shall first occur, the said Grantee(s), its/their heirs, successors
and assigns, shall install four (4') feet wide concrete sidewalks (including handicap
access sidewalks at intersections) in accordance with South Middleton Township
regulations and standards; and
(2) All drainage easements and Storm Water Management requirements applicable to the
herein described lot and detailed on said Final Subdivision Plan.
BEING the same premises which Dickinson Estates, a partnership consisting of Donald A. Group,
Wilbert L. Diehl and George L. Ebener, by their Deed dated September 5, 2008, and recorded September
26, 2008, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to
Instrument Number 200832785, granted and conveyed unto William J. Wirl, III, t/d/b/a Wirl Builders.
HAVING erected thereon a dwelling house known and numbered as 418 Chestnut Street, Boiling
Springs, Pennsylvania.
EXHIBIT B
Mortgage
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200832786
Recorded On 9/26/2008 At 7 PM
* Instrument Type User ID - RAK
Invoice Number - 29766
WILLIAM J III
* Mortgagor - WM?
* Mortgagee - BANK OF LANDISBURG
* Customer - FREY
*FEES $0.50
STATE WRIT TAX 10.00
STATE JCS/ACCESS TO $
JUSTICE $11.50
RECORDING FEES -
RECORDER OF DEEDS $11.50
AFFORDABLE HOUSING $2.00
COUNTY ARCHIVES FEE $3.00
ROD ARCHIVES FEE $38.50
TOTAL PAID
* Total Pages - 5
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
IIIIIIIIVIIIiIIIIIIIIII
cf cum
c RECORDER O D EDS
r?eo
cl,0 310rutulv'r,
26th day of September in the year of our Lora,
Made this
Two Thousand Eight (2008).
BETWEEN
WILLIAM T- WIRL. III, Individually and t/d/b/a WIRL BUILDERS
of Mount Holly Springs, Cumberland
County, Pennsylvania
(hereinafter called the Mortgagor, party of the first part,
AND
THE BANK OF LANDISBURG, a State banking association existing under the laws of the Commonwealth of Pennsylvania, having its
principal place of business in the Borough of Undisburg, Perry County. Pennsylvania. (Mortgagee, party of the second part)
WHEREAS, the said Mortgagor, executed and delivered to the Mortgagee a Note in the principal sum of TWO HUNDRED
FORTY-NINE THOUSAND NINE HUNDRED-------------------- (:249,900.00 ) DOLLARS,
with interest at the rate set forth in said Note payable at the times and in the manner set forth in the said Note
at the office of said Mortgagee (or such other place as designated in writing by the holder hereof), and also for the payment from time
to time until said debt and interest be fully paid, of the necessary premiums and charges on such polity or policies of fire, storm,
explosion insurance, war damage insurance, or on any and all other insurance which the Mortgagee, its successor and assigns, may
demand from time to time against any other hazards, casualties and contingencies, for the further security of the debt hereby secured,
upon the buildings and improvements described herein, or any which may hereafter be erected on the premises described herein; said
policies of insurance of whatsoever kind to be deposited with the Mortgagee, its successors or assigns, and transferred by properly
registered and approved assignments with non-contributory mortgagee clause attached, and any renewals of the same to be furnished
to said Mortgagee at least seven (7) days before the expiration of the same. In the event of loss or damage, the proceeds of said in-
surance shall be paid to Mortgagee alone. Mortgagee is authorized to adjust and compromise such loss without she consent of Mortgagor, to
rollect, receive and receipt for such proceeds in the name of Mortgagee and Mortgagor, and to endorse Mortgagors name upon any
check in payment thereof. Such proceeds shall be applied toward reimbursement of all costs and expenses of Mortgagee in collecting
said proceeds, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward the payment of the indebted-
ness secured hereby or any portion thereof, whether or not then due or payable, or Mortgagee at its option, may apply said insurance proceeds
or any part thereof to the repair or rebuilding of said premises. In the event of sale of the premises on foreclosure, the ownership of all policies
of insurance shall pass to the purchaser at said sale and Mortgagor hereby appoints Mortgagee its attorney-in-faa, in Mortgagor's name to assign
and transfer all such policies to such purchaser. And also, for the payment, from time to time, until said debt and interest be fully paid, of all
taxes, water and sewer rents and all other charges and claims.assessed or levied at any time, present or future, by any lawful authority, upon the
property hereby granted, to secure said obligation, which by any present or future law or laws shall have priority in lien or payment to the debt
represented by said obligation and secured by this Mortgage, when and as the same shall become due and payable, and also for the exhibition to
said Mortgagee, its successors or assigns, of receipts for all taxes, water and sewer rents assesed upon or chargeable to the mortgaged property, at
the office of said Mortgagee, or at such other place as may be designated by the Mortgagee in writing, within twenty (20) days after such taxes or
water or sewer rents have been payable at face without the imposition of interest or penalties, as well as receipts for all other taxes or charges
or claims of every kind or nature which by any present or future law or laws may be or become a lien upon the mortgaged property prior in
lien to said Mortgage, or which may be or become, by any present or furore law or laws, first distributable or allowable or payable before
said debt, out of the proceeds of any judicial sale for collection of said debt, or so distributable or allowable or payable out of the proceeds
of any other judicial sale, and in case of default of payments as aforesaid, also for the payment of all costs, fees and expenses of collecting
the same, including an attorney's commission of ten per centum ( 10%) and providing further that upon failure of the Mortgagor, Mortgagor's
heirs or assigns, to maintain said insurance upon the buildings, or to pay the taxes, water rents and sewer rents or other charges, claims or lien
as aforesaid, the Mortgagee, its successors and assigns, may insure the buildings, or pay such taxes, water rents and sewer rents or other
charges, claims or liens, and the sums so advanced by the Mortgagee, its successors and assigns, shall be payable by the Mortgagor. Mortgagor's
heirs and assigns to the Mortgagee, its succesors and assigns, and shall be added to and become a part of the principal debt secured hereby
and shall bear interest thereon at the rare set forth in said note until paid.
The Mortgagor herein agrees that in the event of the passage, after the date of this Mortgage, of any law of the Commonwealth of
Pennsylvania, deducting from the value of the land for taxation purposes, any lien thereon, or changing in any way the laws now in force
for the taxation of mortgages or debt secured thereby, for state or local purposes, or the manner of the collection of any such taxes, so
as to affect the interest of the Mortgagee, then the whole of said principal debt secured by this Mortgage, together with the interest due
thereon, shall at the option of the Mortgagee herein, immediately become due and payable.
The Mortgagor herein further agrees that if any installment of interest be not paid when due, such installment shall bear interest
at the rare set forth in said note until paid; in the event that any payment provided for in the Note secured hereby shall become overdue
for a period in excess of fifteen (15) days, Mortgagor agrees to pay a "late charge" of five cents (5R) for each dollar so overdue, for the
purpose of defraying expenses incident to handling the delinquent payment. And further, Mortgagor agrees not to convey or otherwise
transfer title to the mortgaged premises (either legal or equitable) without prior written consent by the Mortgagee to the specific transfer.
A transfer to the survivor or devisees or heirs of the Mortgagor in the event of the Mortgagors death shall not come within the prohibition
of this covenant.
NOW THIS INDENTURE WITNESSETH: That the said Mortgagor, as well for and in consideration of the aforesaid debt and
for the better securing the payment of the same, and interest as aforesaid unto the said Mortgagee, its successors or assigns, and the pay.
ment of all premiums of insurance, taxes, water rents and sewer rents, municipal assessments or charges, as aforesaid, according to the
conditions of said obligation, and in discharge thereof, as for and in consideration of the further sum of One ($1.00) Dollar unto
Mortgagor in hand well and truly paid by the said Mortgagee, at and before the sealing and delivery of these presents, the receipt
.hereof, is hereby acknowledged. Mortgagor has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell and convey unto the said Mortgagee, its successors and assigns:
ALL that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, Lot No. 150 on the Final Subdivision Plan of Indian Hills-Section No. 4, recorded
in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan
Book 92, Page 109, the same being numbered as more particularly described as follows:
BEGINNING at a point on the eastern right of way line of Hope Drive (a 50 feet wide
right of way) at the dividing line of Lot No. 150 and Lot No. 149 of the aforementioned Plan;
thence along the dividing line of Lot No. 150 and Lot No. 149, South 03 degrees 04 minutes 15
seconds West 150.00 feet to a point; thence along the dividing line between Lot No. 150 and Lot
No. 151, North 84 degrees 03 minutes 16 seconds West 126.60 feet to a point; thence along the
northern right of way line of Chestnut Drive (a 50 feet wide right of way) and Lot No. 150, North
05 degrees 56 minutes 44 seconds East 129.57 feet to a point; thence continuing along Lot No.
150, thence by a curve to the right having a radius of 15.00 feet, an arc length of 22.81 feet with a
chord bearing North 49 degrees 30 minutes 30 seconds East 20.67 feet to a point; thence along
the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the dividing line of
Lot No. 150, South 86 degrees 55 minutes 45 seconds East 104.96 feet to the point and place of
BEGINNING.
CONTAINING 18,003.35 square feet.
UNDER AND SUBJECT NEVERTHELESS, to the conditions, notations, restrictions
and easements as noted on the hereinabove mentioned Final Subdivision Plan of Indian Hills-
Section No. 4, together with any other easements, restrictions, covenants, conditions and right of
way visible of its record.
UNDER AND SUBJECT, NEVERTHELSS, Declaration of Protective Covenants,
Conditions, Restrictions and Reservations for said Final Subdivision Plan dated June 16, 2003 in
the Office of the recorder of Deeds of Cumberland County, Pennsylvania, in Misc. Book 698 at
Page 4900.
BEING the same property conveyed to Mortgagor by deed of Dickinson Estates, dated
September __, 2008 and recorded immediately prior hereto.
TOGETHER with the affects, alleys, passages, ways, watets, water courses, rights, liberties, privileges, herediaments and appurtenances
whatsoever therennto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and
TOGETHER, With all buildings and improvements of every kind and description now or hereafter erected or placed thereon, including
all boilers, heating and lighting apparatus, also all screens, awnings, ranges or stoves, and mechanical refrigeration, and all, each and every
of the interior improvements and fixtures, movable or immovable, of every kind and description in and upon said premises, or which may
hereafter be placed in of upon the same, or used in connection therewith; It being understood and agreed between the parties hereto that
the words "land" and/or "premises" wherever they occur in these presents, shall be deemed to include all the fixtures and personal property
above mentioned and conveyed.
TO HAVE AND TO HOLD the said described la of land, herediaments and premises hereby granted and conveyed, with the appur-
tenances, unto the said Mortgagee, its successors and assigns, to the only proper use and behoof of the said Mortgagee, its successors and
assigns, FOREVER.
PROVIDED, HOWEVER, that in cue of default at any time, in payment of said principal debt or sum, or of interest or charges or
premiums of insurance, or of any part thereof, when due and payable respectively, by the terms and conditions of said obligation for the
space of twenty (20) days as aforesaid, or in the performance of any of the covenants asto fire insurance, axes or water and sewer rents
or charges or claims as aforesaid, the whole of said principal debt or sum and interest then unpaid, shall thereupon become due and payaNe
4 an action of mortgage foreclosure may be commenccd forthwith on this Mortgage and prosecuted to judgment, execution and sale for
•ollection of the whole amount of the said principal debt and/or interest thereon remaining unpaid, together with -all premiums of
^r, taxes and water .and sewer rents paid, fees, costs and expenses of such proceedings, together with an attorney's commission of
•ntum (10%). All errors in said proceedings, together with say of, or exemption, or extension of time of payment, which may
.any Act or Acts of Assembly, now in force, or which may be enacted hereafter, are- hereby forever waived and released.
it of the taking of all or any portion of the premises in any proceedings under the power of eminent domain, the entire
such proceedings shall be paid to Mortgagee, to be applied toward reimbursement of all costs and aipeusef of Mortgagee
vid proceedings, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward
4ebtedness secured hereby, or any portion thereof, whether or not then due or payable, or Mortgagee at its option,
• any part thereof, to f-,, ipair or rebuilding of said premises.
AND PROVIDED further that it is thereby and hereby expressly agreed that in the event of any breach by Mortgagor of any covenant,
condition, or agreement of said recited obligation, or of this Mortgage, it shall be lawful for the Mortgagee to enter upon all and singular the
lands, buildings and premises herein particularly described and by this Indenture mortgaged, together with the hereditaments and appurtenances,
and each and every part thereof, and to take possession of the same and of the fixtures, appliances and equipment therein contained, and to have,
hold, manage, lease to the Mortgagor or any other person or persons, use and operate the same in such parcels and on such terms and for
such periods of time as Mortgagee may deem proper in the sole discretion of Mortgagee, the Mortgagor agreeing that Mortgagor shall and
will, whenever requested by Mortgagee so to do, assign, transfer and deliver unto Mortgagee, any lease or sublease; and to collect and receive
all rents, issues and profits of the said mortgaged premises and every part therof for which this Indenture shall be a sufficient warrant
whether or not such lease or sublease has been assigned to Mortgagee, and to make from time to time, all alterations, renovations, repairs
and replacements thereto as may seem judicious to Mortgagee, and after deducting the cost of any or all such alterations, renovations, repairs
and replacements and expenses incident to taking and retaining possession of the mortgaged property and the management and operation
thereof, and keeping the same property insured, to apply the residue of such rents, issues and profits, if any, arising as aforesaid, to the
payment of all taxes, charges, claims, assessments, water and sewer rents and any other liens that may be prior in lien or payment to the
principal debt secured by this Indenture and premiums for said insurance, with interest thereon, or to the interest and principal due and
secured by this Indenture of Mortgage, with all costs and attorney's fees, in such order or priority, as Mortgagee, in the sole discretion of
Mortgagee, may determine, any statute, law, custom or use to the contrary, notwithstanding; it being expressly agreed, however, that the
taking of possession by Mortgagee under this provision shall not relieve any default which may have been made by Mortgagor, or prevent the
enforcement of any of the remedies by this Indenture, or by said recited obligation, provided in case of such default,, and it is further
expressly understood and agreed that the remedies by this Indenture and said recited obligation provided for the enforcement of the payment
of the principal sum hereby secured, with any additions thereto as above provided, together with interest thereon, as bereinbefore specified
and for the performance of the covenants, conditions and agreements, matters and things herein contained, or by this Indenture referred to,
are cumulative and concurrent and may be pursued singly or successively or together at the sole discretion of the Mortgagee, and may be
exercised as often as occasion therefor shall occur.
AND for the purpose of securing said possession of said mortgaged premises to Mortgagee, in the event of any breach as aforesaid,
Mortgagor does hereby authorize and empower any attorney of any Court of Common Pleas in any County of the Commonwealth of Penn-
sylvania, or of any other court there or elsewhere, as attorney for Mortgagor, as well as for all persons claiming under, by, or through
Mortgagor, to sign an agreement for entering in any competent court an amiable action in ejectment for possession of the premises mortgaged
by this Indenture, together with the hereditaments and appurtenances as well as all fixtures, appliances and equipment of any nature whatso.
ever, now or hereafter installed upon or in said mortgaged property (without any stay of execution or appeal), against said Mortgagor, as
well as all persons claiming under, by, or through Mortgagor and therein confess judgment for the recovery by the Mortgagee of the possession
of the said mortgaged premises together with the hereditament; and appurtenances, as well as all fixtures, appliances and equipment of any
nature whatsover now or hereafter installed upon or in said mortgaged property, for which this Indenture (or copy thereof verified by affi-
davit) shall be a sufficient warrant; whereupon if the Mortgagee so desires, a Writ of Possession may be issued forthwith, without any prior
writ or proceeding whatsoever, Mortgagor hereby releasing and agreeing to release the Mortgagee from all errors and defects whatsoever in
entering such action and/or judgment and in causing such writ or writs to be issued, and in any proceeding thereon or concerning the some,
and hereby agreeing that no writ of error or objection shall be made or token thereto, provided that the Mortgagee shall have filed in such
action an affidavit by it, or some one on behalf of Mortgagee, setting forth the facts necessary to authorize the entry of such judgment,
according to the terms of this Indenture, of which facts such affidavit shall be conclusive evidence.
PROVIDED ALWAYS, NEVERTHELESS, that if the said Mortgagor, Mortgagors heirs and assigns, shall and do well and truly pay or cause
to be paid unto the said Mortgagee, its successors and assigns, the aforesaid debt together with interest as aforesaid, as set forth in the condition
of this obligation, and does further satisfy and discharge the same, and the premiums of insurance aforesaid, and further will, during each
and every year of the continuance of this Mortgage, comply with all conditions and requirements for or in respect to all taxes, water and
sewer rents, charges or claims as aforesaid, all of which the said Mortgagor, for Mortgagors heirs and snips, hereby expressly covenants,
agrees to do and perform, then and from thenceforth, as well this present Indenture, and the estate hereby granted, as the said recited obliga-
tion, shall become void of no effect, anything hereinbefore contained to the contrary notwithstanding.
AND PROVIDED FURTHER, and it is hereby and thereby expressly covenanted and agreed that in the event there is mote than one
parry named herein as a Mortgagor, the singular word "Mortgagor", wherever occuring herein, shall be deemed and taken to mean the plural.
AND PROVIDED FURTHER, that all grants, covenants, waivers, options, stipulations, promises, undertakings, agreements, and rights and
benefits given to, and obligations or liabilities imposed upon, each and all of said parties hereto shall inure to and bind them jointly and
severally and its, his, her and their, and each of their respective, heirs executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the said Mortgagor has hereunto set hand and seal the day and year first above written.
Witness:
-- -.... ?. ... ....----- -- °-------.....-•-°-----•--••--------•------------ ...- -..... - ------ - - ----•-----...-- ----- ---------.-..... - _. (SEAL)
WILLIAM . WIRL IR, Ind and
t/d/b/a WIRL BUfLDE (SEAL)
._.----......-..... ..----- (SrAL)
(SEAL)
O
e'7T$RY
2009N"i7 c5 Pr", 12: %7
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4'78.50 410 A7H
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RF* x341.3
Johnson, Duffie, Stewart & Weidner
By: Richard W. Stewart
I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
THE BANK OF LANDISBURG,
Plaintiff
v.
WILLIAM J. WIRL, III,
Defendant
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
Attorneys for Plaintiff
F1LEp-~~
1~~ TNc Pr~T~-!~(3TA1~1/
20f0F4AR -3 PM I~ 49
CUM~~ ~ ;~ ,.Y
-~ ~:.:4'~d f
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-8190
CIVIL, ACTION -LAW
RICHARD W. STEWART, being duly sworn according to law, deposes and says that he served the attached
Notice of Sheriffs Sale and Divestiture of Liens upon all judgment creditors, mortgagees, and other persons who have any
interest of record in or lien of record upon the property scheduled to be sold at Sheriffs Sale in the above matter on
February 25, 2010, by mailing a copy of the attached Notice by United States Mail, First Class, Postage Prepaid,
addressed as follows:
Dickinson Estates Manufacturers & Traders Trust Company P. Thomas Shover
139 West High Street 213 Market Street 81 Noble Boulevard
Carlisle, PA 17013 P. O. Box 2691 Carlisle, PA 17013
Harrisburg, PA 17105
Cumberland County Tax Claim Bureau Cumberland County Domestic Relations
One Courthouse Square P. O. Box 320
Carlisle, PA 17013 Carlisle, PA 17013
Attached hereto are original receipts for mailing addressed to the individuals and entities set forth above.
RICHARD W. STEWART
SWORN to and subscribed
before me this G~`nO~ day of
co~cor~ ar ~'IH OF PENNSXI,VAM~
~l(3L~.e ~ , 2010. ARIAL SEAL
Gail J. ey, Notary Public
j~emoyne . , p~h,,Cumberland County
e gyres F 19, 2014
" Nota blic f ~ '
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No.
150 on the Final Subdivision Plan of Indian Hills -Section No. 4, recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 92, Page 109, the same being numbered as more particularly described as follows:
BEGINNING at a point on the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the dividing line of
Lot No. 150 and Lot No. 149 of the aforementioned Plan; thence along the dividing line of Lot No. 150 and Lot No. 149, South 03
degrees 04 minutes 15 second West 150.00 feet to a point; thence along the dividing line between Lot No. 150 and Lot No. 151,
North 84 degrees 03 minutes 16 seconds West, 126.60 feet to a point; thence along the northern right of way line of Chestnut Drive
(a 50 feet wide right of way) and Lot No. 150, North OS degrees 56 minutes 44 seconds East, 129.57 feet to a point; thence
continuing along Lot No. 150, thence by a curve to the right having a radius of 15.00 feet, an arc length of 22.81 feet with a chord
bearing North 49 degrees 30 minutes 30 seconds East, 2067 feet to a point; thence along the eastern right of way line of Hope Drive
(a 50 feet wide right of way) at the dividing line of Lot No. 150, South 86 degrees 55 minutes 45 seconds East, 104.96 feet to the
point and place of BEGINNING.
CONTAINING 18,003.35 Squaze Feet.
UNDER AND SUBJECT, NEVERTHELESS, to all associated rights, provisions, and conditions of a ten (10) foot wide
Storm Drainage Easement as shown on the herein above mentioned Final Subdivision Plan for Indian Hills Section No. 4.
UNDER AND .SUBJECT, NEVERTHELESS, to the conditions, notations, restrictions and easements as noted on the
hereinabove mentioned Final Subdivision Plan of Indian Hills-Section No. 4, together with any other easements, restrictions,
covenants, conditions & rights of ways visible of its record.
UNDER AND SUBJECT, NEVERTHELESS, Declaration of Protective Covenants, Conditions, Restrictions and
Reservations for said Final Subdivision Plan dated July 26, 2007 and recorded July 31, 2007 in the Office of the Recorder of Deeds
of Cumberland County, Pennsylvania, in Misc. Book 738, Page 5065, including but not limited to:
(1) When any dwelling is constructed on the herein described lot, prior to occupancy thereof but no later than three
(3) years after the date of settlement for the within conveyance or the date required by the Township pursuant to
the above-referenced subdivision approval process, whichever event shall first occur, the said Grantee(s), its/their
heirs, successors and assigns, shall install four (4') feet wide concrete sidewalks (including handicap access
sidewalks at intersections) in accordance with South Middleton Township regulations and standazds; and
(2) All drainage easements and Storm Water Management requirements applicable to the herein described lot and
detailed on said Final Subdivision Plan.
BEING the same premises which Dickinson Estates, a partnership consisting of Donald A. Group, Wilbert L. Diehl and
George L. Ebener, by their Deed dated September 5, 2008, and recorded September 26, 2008, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200832785, granted and conveyed unto William J.
Wirl, III, t1d/b/a Wirl Builders.
HAVING erected thereon a dwelling house known and numbered as 418 Chestnut Street, Boiling Springs, Pennsylvania.
SEIZED, taken in execution and to be sold as the property of William J. Wirl, III, judgment debtor and real owner.
:393033
Johnson, Duffie, Stewart & Weidner
By: Richard W. Stewart
I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
THE BANK OF LANDISBURG,
Plaintiff
v.
WILLIAM J. WIIZL, III,
Defendant
NOTICE OF SHERIFF'S SALE AND
DIVESTITURE OF LIENS
NO. 2009-8190
CNIL ACTION -LAW
TO: Dickinson Estates, 139 West High Street, Carlisle, PA 17013
Manufacturers & Traders Trust Company, 213 Market St., P. O. Box 2691, Harrisburg, PA 17105
P. Thomas Shover, 81 Noble Boulevard, Carlisle, PA 17013
Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013
Cumberland County Domestic Relations, P. O. Box 320, Carlisle, PA 17013
You are hereby notified that the lien of judgment or lien of mortgage that you may have against real estate owned
by the above-named Defendant against the land owned by the Defendant in the Township of South Middleton,
Cumberland County, Pennsylvania, and more fully described in the Exhibit "A" attached hereto, will be divested by a
Sheriffs Sale scheduled to be held on June 2, 2010, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle,
Pennsylvania. Unless you take action to stop the Sheriffs Sale, or unless you appear at the Sheriffs Sale and bid to protect
your interest, your lien against the land scheduled to be sold at Sheriffs Sale will be divested by the Sheriffs Sale.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or
agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example,
to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days
after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless
someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania,
Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIlVD
OUT WHERE YOU CAN GET LEGAL HELP.
Central Pennsylvania Legal Services
213-A North Front Street
Harrisburg, PA 17101
(800) 932-0356
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: - y~~!G'~%~~'-
Richard W. Stewart
Attorney I.D. No. 18039
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
Date: j~e ~ Z ~- f , 2010
:393029
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No.
150 on the Final Subdivision Plan of Indian Hills -Section No. 4, recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 92, Page 109, the same being numbered as more particularly described as follows:
BEGINNING at a point on the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the dividing line of
Lot No. 150 and Lot No. 149 of the aforementioned Plan; thence along the dividing line of Lot No. 150 and Lot No. 149, South 03
degrees 04 minutes 15 second West 150.00 feet to a point; thence along the dividing line between Lot No. 150 and Lot No. 151,
North 84 degrees 03 minutes 16 seconds West, 126.60 feet to a point; thence along the northern right of way line of Chestnut Drive
(a 50 feet wide right of way) and Lot No. 150, North OS degrees 56 minutes 44 seconds East, 129.57 feet to a point; thence
continuing along Lot No. 150, thence by a curve to the right having a radius of 15.00 feet, an arc length of 22.81 feet with a chord
bearing North 49 degrees 30 minutes 30 seconds East, 2067 feet to a point; thence along the eastern right of way line of Hope Drive
(a 50 feet wide right of way) at the dividing line of Lot No. 150, South 86 degrees 55 minutes 45 seconds East, 104.96 feet to the
point and place of BEGINNING.
CONTAINING 18,003.35 Square Feet.
UNDER AND SUBJECT, NEVERTHELESS, to all associated rights, provisions, and conditions of a ten (10) foot wide
Storm Drainage Easement as shown on the herein above mentioned Final Subdivision Plan for Indian Hills Section No. 4.
UNDER AND SUBJECT, NEVERTHELESS, to the conditions, notations, restrictions and easements as noted on the
hereinabove mentioned Final Subdivision Plan of Indian Hills-Section No. 4, together with any other easements, restrictions,
covenants, conditions & rights of ways visible of its record.
UNDER AND SUBJECT, NEVERTHELESS, Declaration of Protective Covenants, Conditions, Restrictions and
Reservations for said Final Subdivision Plan dated July 26, 2007 and recorded July 31, 2007 in the Office of the Recorder of Deeds
of Cumberland County, Pennsylvania, in Misc. Book 738, Page 5065, including but not limited to:
(1) When any dwelling is constructed on the herein described lot, prior to occupancy thereof but no later than three
(3) years after the date of settlement for the within conveyance or the date required by the Township pursuant to
the above-referenced subdivision approval process, whichever event shall first occur, the said Grantee(s), its/their
heirs, successors and assigns, shall install four (4') feet wide concrete sidewalks (including handicap access
sidewalks at intersections) in accordance with South Middleton Township regulations and standards; and
(2) All drainage easements and Storm Water Management requirements applicable to the herein described lot and
detailed on said Final Subdivision Plan.
BEING the same premises which Dickinson Estates, a partnership consisting of Donald A. Group, Wilbert L. Diehl and
George L. Ebener, by their Deed dated September 5, 2008, and recorded September 26, 2008, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200832785, granted and conveyed unto William J.
Wirl, III, t/d/b/a Wirl Builders.
HAVING erected thereon a dwelling house known and numbered as 418 Chestnut Street, Boiling Springs, Pennsylvania.
SEIZED, taken in execution and to be sold as the property of William J. Wirl, III, judgment debtor and real owner.
One piep of ordinary msil addressed to: `:~ ' '. ~~ ~ ~
~ _. .S
~, , ,~`
DICKINSON ESTATES ~ \ Y
139 WEST HIGH STREET ~~.; l '.
CARLISLE PA 17013 ', .~y , '
'~~'~/
MAY BE USED FOP DOMESTIC AND INTERNATIONAL MAIL>,_ O$~tif~lOT(Pfi IDE
FOR INSURANCE - rosTMASTEn \ T
DUFFIE 0004634312 FE 25 2010
• MAILED FROMZIPCODE 17043
~~
U.S. POSTAL SERVICE
CERTIFICATE OF MO ~~ES
ReGived From: ~O ~ ~
L A W (l P P I C F' S ' '^~~
Jox~so ~ EET Poetmas~ fpi
02 1A U
PS FORM
MAY 1978 ~ 17
U.S. POSTAL SERVICE
CERTIFICATE d1E.,GAiA
L p W OFF L C E S
DUFFIE
One pNtt of ordinary mail addrMSed to:
ti7 U.S.G.P.O.: 7988 -202-395/78114
g B c.Ji~--~a ~
s
0 2 1 FC- Poat~r w
r1np463
1NP,ILECr 1'Ki-i+l! ZIPIrOOE a s~.:~+e
_ MANUFACTURERS & TRADERS ~~ la 8
TRUST COMPANY '~ :``;
- P O BOX 2891 _.,
HARRISBURG PA 17105 ' / ~
MAV BE USED FOR DOMESTIC AND INTERNATIONAL 1IAAIL~~
FOR INSURANCE - roaTMASrEa
PS FORM 3817 it U.S.G.P.b~
MAY 1978
NOT
V~!'S/78114
8'~Aa-~~
U.S. POSTAL SERVICE ,`p'~ .~,
CERTIFICATE p Affi~'K`
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DUFFIE - 000463 10
~. O y
One piety of ordinary mail addressed to:
!.h ry 7
P THOMAS SHOVER ~ ~::7 ~
81 NOBLE BOULEVARD ~ ' ~'~''
CARLISLE PA 17013 ~ c53
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DO OVIDE"~ ~r ~~
FOR INSURANCE - rosTMASTEw `~~'~-c~
PS FORM 3817 it U.S.G.P.O.: 1988 -202-8114 ~~
MAY 1978 y/ r`~j'"*~1~~ ~
a y
Rspivsd From:
Ons piap of ordinary mail addratssd to:
y~P~
~~
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oooas3
MAILED
- CUMBERLAND CTY TAX CLAIM BUREA
_ ONE COURTHOUSE SQUARE
CARLISLE PA 17013
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,
FOR INSURANCE - PosrmgsTER
~o-r o
1 7043
PS FORM 3517 it U.S.G.P.O.: 1988 -202-395/78114
MAY 1978
Qu~S S~PBd~a~
U.S. POSTAL SERVICE , ~,~P.
CERTIFICATE p
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,
.
i~ .mow.
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LAW O F F I C E S ~ ~
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IE 17043
- ~,EMp~
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_POBOX320 ~ ~ a
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CARLISLE PA 17013 ~~;~ ~~~
MAY BE USED FOR DOMESTIC ANO INTERNATIONAL MAIL,
FOR INSURANCE -POSTMASTER
PS FORM iz U.S.G.P.O.: 1988 202-395/78114
MAY 1978 3817 n~~ r~~~ ~ ,~ l
U.S. POSTAL SERVICE
CERTIFICATE_OF MA
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~$a~l,tq of ~u>>hbrrla
~.
~"` '
Qft'It'~iE C?F rHE SHERIFF
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The Bank of Landisburg
vs.
William J. Wirl, III
Case Number
2009-8190
RIFFS RETURN OF SERVICE
04/06/2010 07:18 PM -Shawn Har ison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10
at 1915 hours, he post d a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, u on the property of William J. Wirl, III, located at, 418 Chestnut Drive, Boiling
Springs, Cumberland unty, Pennsylvania according to law.
04/06/2010 04:13 PM -Shawn Har ison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10
at 1610 hours, he serv d a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon th within named defendant, to wit: William J. Wirl, III, by making known unto, William
J. Wirl, III, personally, , 8 Woodview Drive, Mount Holly Springs, Cumberland County, Pennsylvania its
contents and at the sa a time handing to him personally the said true and correct copy of the same.
06/03/2010 Ronny R. Anderson, S eriff, who being duly sworn according to law, states that after due and legal notice
had been given accordi g to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisl ,Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He
sold the same for the s m of $1.00 to Attorney Richard W. Stewart, on behalf of The Bank of Landisburg,
P.O. Box 179, Landisb rg, PA 17040, being the buyer in this execution, paid to Sheriff Ronny R.
Anderson, the sum of $ 1,414.60
SHERIFF COST: $1,414.60
June 30, 2010
SO ANSWERS,
~t~
RON R ANDERSON, SHERIFF
a .oo Pd • ~o ,
~~ ~~ pia
a.~s3~~
SHER~FF'S~ OFFICE OF CUMBERLAND COUNTY
~ -~ -
(c) CountySuite Sheriff. Teleosoft. Inc.
THE BANK OF LAN1~lSBURG,
Plain iff
v.
I
WILLIAM J. WIRL, III,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2009-8190
CIVIL ACTION -LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
The Bank of Landis urg, by its attorneys, Johnson, Duffle, Stewart & Weidner, sets forth as of the
date the Praecipe for the rit of Execution was filed the following information concerning the real property
located in South Middleton ownship, Cumberland County, Pennsylvania.
1. Name and a
Name:
William J. Wirl, III
2. Name and a
Name:
William J. Wirl, III
3. Name and I~
the real property to be sold:
Name:
The Bank of Landisl
4. Name and a
Name:
The Bank of Landisl
of Owner(s) or Reputed Owner(s):
Address:
8 Woodview Drive
Mount Holly Springs, PA 17065
dress of Defendant(s) in the judgment:
Address:
8 Woodview Drive
Mount Holly Springs, PA 17065
known address of every judgment creditor whose judgment is a record lien on
Address:
rg P.O. Box 179
Landisburg, PA 17040
Iress of the last recorded holder of every mortgage of record:
Address:
P.O. Box 179
Landisburg, PA 17040
Dickinson Estates
Manufacturers & Tr~ders Trust Company
5. Name and
Name:
P. Thomas Shover
6. Name and
record interest in the prop
Name:
7. Name and
interest in the property wh
Name:
Cumberland County
Cumberland County
I verify that the st
knowledge or information
penalties of 18 Pa.C.S. §4
139 West High Street
Carlisle, PA 17013
213 Market Street
P. O. Box 2691
Harrisburg, PA 17105
of every other person who has any record lien on the property:
Address:
81 Noble Boulevard
Carlisle, PA 17013
idress of every other person of whom the Plaintiff has knowledge who has any
y and whose interest may be affected by the sale:
Address:
idress of every other person of whom the Plaintiff has knowledge who has any
i may be affected by the sale:
Address:
Tax Claim Bureau One Courthouse Square
Carlisle, PA 17013
Domestic Relations P. O. Box 320
Carlisle, PA 17013
gents made in this Affidavit are true and correct to the best of my personal
belief. I understand that false statements herein are made subject to the
relating to unsworn falsification to authorities.
DATE: FMS 2 , 2010
:392657
JOHNSON, DUFFIE, STEWART & WEIDNER
Richard W. Stewart
Johnson, Duffle, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney ID No. 18039
Attorneys for Plaintiff
s
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN
No. 150 on the Final Subdivisi
and for Cumberland County, F
described as follows:
BEGINNING at a poin
line of Lot No. 150 and Lot No.
No. 149, South 03 degrees 04
Lot No. 150 and Lot No. 151, P
northern right of way line of Ch
44 seconds East, 129.57 feet 1
radius of 15.00 feet, an arc len
2067 feet to a point; thence alc
line of Lot No. 150, South 86 d
ct of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot
Plan of Indian Hills -Section No. 4, recorded in the Office of the Recorder of Deeds in
nsylvania, in Plan Book 92, Page 109, the same being numbered as more particularly
on the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the dividing
149 of the aforementioned Plan; thence along the dividing line of Lot No. 150 and Lot
nnutes 15 second West 150.00 feet to a point; thence along the dividing line between
~rth 84 degrees 03 minutes 16 seconds West, 126.60 feet to a point; thence along the
:stnut Drive (a 50 feet wide right of way) and Lot No. 150, North 05 degrees 56 minutes
i a point; thence continuing along Lot No. 150, thence by a curve to the right having a
nth of 22.81 feet with a chord bearing North 49 degrees 30 minutes 30 seconds East,
ig the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the dividing
agrees 55 minutes 45 seconds East, 104.96 feet to the point and place of BEGINNING.
CONTAINING 18,003.35 Square Feet.
UNDER AND SUBJE T, NEVERTHELESS, to all associated rights, provisions, and conditions of a ten (10)
foot wide Storm Drainage Eas ment as shown on the herein above mentioned Final Subdivision Plan for Indian Hills
Section No. 4.
UNDER AND SUBJE T, NEVERTHELESS, to the conditions, notations, restrictions and easements as noted
on the hereinabove mentioned Final Subdivision Plan of Indian Hills-Section No. 4, together with any other easements,
restrictions, covenants, conditi ns & rights of ways visible of its record.
UNDER AND SUBJE T, NEVERTHELESS, Declaration of Protective Covenants, Conditions, Restrictions and
Reservations for said Final Su division Plan dated July 26, 2007 and recorded July 31, 2007 in the Office of the
Recorder of Deeds of Cumberl nd County, Pennsylvania, in Misc. Book 738, Page 5065, including but not limited to:
(1) When any dw Iling is constructed on the herein described lot, prior to occupancy thereof but no later
than three (3) years after the date of settlement for the within conveyance or the date required by the
Township pur uant to the above-referenced subdivision approval process, whichever event shall first
occur, the sad Grantee(s), its/their heirs, successors and assigns, shall install four (4') feet wide
concrete side alks (including handicap access sidewalks at intersections) in accordance with South
Middleton To nship regulations and standards; and
(2) All drainage e~sements and Storm Water Management requirements applicable to the herein described
lot and detaile on said Final Subdivision Plan.
BEING the same pre ises which Dickinson Estates, a partnership consisting of Donald A. Group, Wilbert L.
Diehl and George L. Ebener, b their Deed dated September 5, 2008, and recorded September 26, 2008, in the Office
of the Recorder of Deeds in a for Cumberland County, Pennsylvania, to Instrument Number 200832785, granted and
conveyed unto William J. Wirl, I1, t/d/b/a Wirl Builders.
HAVING erected
Pennsylvania.
a dwelling house known and numbered as 418 Chestnut Street, Boiling Springs,
SEIZED, taken in exedution and to be sold as the property of William J. Wirl, III, judgment debtors and real
owners.
t
Johnsoq, Duffie, Stewart & Weidner
By: ~Zichsxcl W. Stewart
LD. No. 18039, ', Attorneys for Plaintiff
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17 43-0109
(717) 761-4540
THE BANK OF
v.
WILLIAM J. WIRL, III,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
' NO. 2009-8190
' CN1L ACTION -LAW
Defendant IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
3129.2
TO: William J. Wirl, III, ~ Woodview Drive, Mount Holly Springs, PA 17065
Your real estate situ to in South Middleton Township, Cumberland County, Pennsylvania, known
as 418 Chestnut Drive, Boil ng Springs, Pennsylvania, as described in Exhibit "A" attached is scheduled
to be sold at Sheriffs Sale n June 2, 2010, at ten o'clock a.m. in the Cumberland County Courthouse,
Carlisle, Pennsylvania to nforce the Court Judgment of $283,554.54 obtained by The Bank of
Landisburg against you.
THE PROPERTY TCp BE SOLD is delineated in detail in a legal description mainly consisting of a
statement of the measured oundaries of the property, together with a brief mention of the buildings and
other major improvements a ected on the land, attached hereto as Exhibit "A" and made a part hereof by
reference.
THE LOCATION of ypur property to be sold is: 418 Chestnut Drive. South Middleton
J
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
1
The name and address of the owner or reputed owner of this property is:
A SCHEDULE OF [
entities or agencies being e
by the Sheriff (for example,
filed by the Sheriff within thi
accordance with this sched~
within ten (10) days of the c
from the Sheriff of the Cour
County Courthouse, One C
YOU
To prevent this
ISTRIBUTION, being a list of the persons and/or governmental or corporate
titled to receive part of the proceeds of the sale received and to be disbursed
o banks that hold mortgages and municipalities that are owed taxes), will be
ty (30) days after the sale and distribution of the proceeds of sale in
le will, in fact, be made unless someone objects by filing exceptions to it
ite it is filed. Information about the schedule of distribution may be obtained
of Common Pleas of Cumberland County, Pennsylvania, Cumberland
urthouse Square, Carlisle, Pennsylvania, Telephone (717) 240-6390.
NOTICE OF OWNER'S RIGHTS
Y BE ABLE TO PREVENT THIS SHERIFF'S SALE
Sale you must take immediate action:
1. The sale will~be canceled if you pay to the Sheriff of Cumberland County, the amount of
the judgment plus costs. Tp find out how much you must pay, you may call the Sheriff of Cumberland
County at (717) 582-2131.
2. You may be ble to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment w s improperly entered. You may also ask the Court to postpone the sale for
good cause.
3. You may also be able to stop the sale through other legal proceedings. You may need an
attorney to assert your right . The sooner you contact one, the more chance you will have of stopping
the sale.
YOU M Y STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU
HAVE OTHER IGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sh
Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390.
r
2. You may b I able to petition the Court to set aside the sale if the price was grossly
inadequate compared to th value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happe ed you may call the Sheriff of Cumberland County at (717) 240-6390.
4. If the amoun due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You may
schedule of distribution of
of the sale date. This sch
accordance with this sche
date of the filing of the scr
6. You may
act immediately after the
entitled to a share of the money which was paid for your property. A
money bid for your property will be filed by the Sheriff within thirty (30) days
ale will state who will be receiving that money. The money will be paid out in
le unless exceptions are filed with the Sheriff within ten (10) days after the
ule of distribution.
have other rights and defenses, or ways of getting your property back, if you
YOU SHOUL TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LIST D BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CENTRAL PENNSYLVANIA LEGAL SERVICES
213-A North Front Street
Harrisburg, Pennsylvania 17101
(800) 932-0356
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Dated: ~~
By: ~~ ~~~
Richard W. Stewart
Attorneys for Plaintiff
:308100
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot
No. 150 on the Final Subdivisi n Plan of Indian Hills -Section No. 4, recorded in the Office of the Recorder of Deeds in
and for Cumberland County, ennsylvania, in Plan Book 92, Page 109, the same being numbered as more particularly
described as follows:
BEGINNING at a poin on the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the dividing
line of Lot No. 150 and Lot No 149 of the aforementioned Plan; thence along the dividing line of Lot No. 150 and Lot
No. 149, South 03 degrees 04 minutes 15 second West 150.00 feet to a point; thence along the dividing line between
Lot No. 150 and Lot No. 151, orth 84 degrees 03 minutes 16 seconds West, 126.60 feet to a point; thence along the
northern right of way line of C estnut Drive (a 50 feet wide right of way) and Lot No. 150, North 05 degrees 56 minutes
44 seconds East, 129.57 feet o a point; thence continuing along Lot No. 150, thence by a curve to the right having a
radius of 15.00 feet, an arc le th of 22.81 feet with a chord bearing North 49 degrees 30 minutes 30 seconds East,
2067 feet to a point; thence al ng the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the dividing
line of Lot No. 150, South 86 d grees 55 minutes 45 seconds East, 104.96 feet to the point and place of BEGINNING.
CONTAINING 18,00335 Square Feet.
UNDER AND SUBJE T, NEVERTHELESS, to all associated rights, provisions, and conditions of a ten (10)
foot wide Storm Drainage Eas ment as shown on the herein above mentioned Final Subdivision Plan for Indian Hills
Section No. 4.
UNDER AND SUBJE T, NEVERTHELESS, to the conditions, notations, restrictions and easements as noted
on the hereinabove mentioned Final Subdivision Plan of Indian Hills-Section No. 4, together with any other easements,
restrictions, covenants, conditi ns & rights of ways visible of its record.
UNDER AND SUBJE T, NEVERTHELESS, Declaration of Protective Covenants, Conditions, Restrictions and
Reservations for said Final Su division Plan dated July 26, 2007 and recorded July 31, 2007 in the Office of the
Recorder of Deeds of Cumberl nd County, Pennsylvania, in Misc. Book 738, Page 5065, including but not limited to:
(1) When any dw Iling is constructed on the herein described lot, prior to occupancy thereof but no later
than three (3) years after the date of settlement for the within conveyance or the date required by the
Township pur uant to the above-referenced subdivision approval process, whichever event shall first
occur, the sad Grantee(s), its/their heirs, successors and assigns, shall install four (4') feet wide
concrete side alks (including handicap access sidewalks at intersections) in accordance with South
Middleton To nship regulations and standards; and
(2) All drainage e~sements and Storm Water Management requirements applicable to the herein described
lot and detaile on said Final Subdivision Plan.
BEING the same pre ises which Dickinson Estates, a partnership consisting of Donald A. Group, Wilbert L.
Diehl and George L. Ebener, b their Deed dated September 5, 2008, and recorded September 26, 2008, in the Office
of the Recorder of Deeds in an for Cumberland County, Pennsylvania, to Instrument Number 200832785, granted and
conveyed unto William J. Wirl, II, t/d/b/a Wirl Builders.
HAVING erected
Pennsylvania.
a dwelling house known and numbered as 418 Chestnut Street, Boiling Springs,
SEIZED, taken in execution and to be sold as the property of William J. Wirl, III, judgment debtors and real
owners. I
„ r
COMMONWEALTH
COUNTY OF CUMB
TO THE SHERIFF OF
To satisfy the debt,
From WILLIAM J.
(1) You are directed to
DESCRIPTION .
(2) You are also direct
of
GARNISHEE(S) as foll
WRIT OF EXECUTION and/or ATTACHMENT
PENNSYLVANIA) NO 09-8190 Civil
,AND) CIVIL ACTION -LAW
JMBERLAND COUNTY:
serest and costs due THE BANK OF LANDISBURG, Plaintiff (s)
IRL, III,
ry upon the property of the defendant (s)and to sell SEE LEGAL
to attach the property of the defendant(s) not levied upon in the possession
and to notify the garnish (s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for a account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposin thereof;
(3) If property of the de endant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a n ed 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 $283,55
Interest FROM 10/25.
Atty's Comm
Atty Paid $153.74
Plaintiff Paid
Date: FEBRUARY 26,
(Seal)
L.L. $.50
- $14,064.08)
Due Prothy $2.00
Other Costs
10
David D. Buell, P othonotary
- By:
I
REQCIESTIIVG'FAR1'Y: ~
l~aame RICHARD W. ST ~ ART, ESQUIRE
Address: JQHNSQN, DU FIE, STEWART & WEIDNER
301 MARKET TREET
LEMOYNE, P 17043
Attorney for: PLAINTIF
Telephone: 717-761-4540
Supreme Court ID No. 18 39
Deputy
On March 22, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, PA,
Known and numbered as, 418 Chestnut Street, Boiling Springs,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: March 22, 2010
By:
Real Estate Coordinator
0~ X01 d 01 IjdW OIOZ
t1~ ,~ i;
~~1~1.sriS .~i- ~. ~"~~~
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH
COUNTY OF
Lisa Marie Coy
State aforesaid, being du
Journal, a legal periodic
was established January
periodical for the public
issued weekly in the saic
exactly the same as was
Journal on the following
PENNSYLVANIA
ss.
e, Esquire, Editor of the Cumberland Law Journal, of the County and
y sworn, according to law, deposes and says that the Cumberland Law
~ published in the Borough of Carlisle in the County and State aforesaid,
:, 1952, and designated by the local courts as the official legal
lion of all legal notices, and has, since January 2, 1952, been regularly
County, and that the printed notice or publication attached hereto is
printed in the regular editions and issues of the said Cumberland Law
and Apri130,_2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal pen dical of general circulation, and that he is not interested in the subject
matter of the aforesaid n lice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
isa Marie Coyne, ~ditor
S TO AND SUBSCRIBED before me this
30 da of Aril 2010
Notary
NOTARIAL SEAL
OE80RAH A COLUN8
Not'I~ryt Public
CApLISLE i{ORt'HJ6tl. CtJM0ERW10 COUNTY
~ Cow Apt 211.2014
~1'r!t ^sti lMM~tfN psi
The Bank of Landisburg
vs.
William J. Wirl, III
Atty: Richard W. Stewart
ALL THAT CERTAIN tract of land
situate in South Middleton Township,
Cumberland County, Pennsylvania,
Lot No. 150 on the Final Subdivision
Plan of Indian Hills -Section No. 4,
recorded in the Office of the Recorder
of Deeds in and for Cumberland ,
County, Pennsylvania, in Plan Book
92, Page 109, the same being num-
. bored as more particularly described
S as follows:
BEGINNING at a point on the
eastern right of way line of Hope Drive
(a 50 feet wide right of way) at the
dividing line of Lot No. 150 and Lot
No. 149 of the aforementioned Plan;
thence along the dividing line of Lot
No. 150 and Lot No. 149, South 03
degrees 04 minutes 15 second West
150.00 feet to a point; thence along
the dividing line between Lot No. 150
and Lot No. 151, North 84 degrees
03 minutes 16 seconds West, 126.60
feet to a point; thence along the '
northern right of way line of Chestnut )
Drive (a 50 feet wide right of way) and f
Lot No. I50, North 05 degrees 56
minutes 44 seconds East, 129.57 feet
to a point; thence continuing along
Lot No. 150, thence by a curve to the
right having a radius of 15.00 feet, an
arc length of 22.81 feet with a chord
bearing North 49 degrees 30 minutes
30 seconds East, 2067 feet to a point;
thence along the eastern right of way
line of Hope Drive (a 50 feet wide right
of way) at the dividing line of Lot No.
150, South 86 degrees 55 minutts 45
seconds East, 104.96 feet to the point °
sad place of BEGINNING.
CONTAINING 18,003.35 Square
Feet.
UNDER AND SUBJECT, NEVER-
THELESS, to all associated rights,
provisions, and conditions of a ten
(10) foot wide Storm Drainage Ease-
ment as shown on the herein above
mentioned Pinal Subdivision Plan for
Indian Hi11s Sectiaat No. 4.
Y - n ~~; ~
~tOS t<t, 4,, ,•=itlx~ ; oirar.nrr:~,, ~A;~
UNDER AND SUBJECT, NEVER-
THELESS, to the conditions, nota-
tions, restrictions and easements as
noted on the hereinabove mentioned
Final Subdivision Plan of Indian
Hills-Section No. 4, together with
any other easements, restrictions,
covenants, conditions 8b rights of
ways visible of its record.
UNDER AND SUBJECT, NEVER- '
THELESS, Declaration of Protective
Covenants, Conditions, Restrictions ,
and Reservations for said Final Sub- t
division Plan dated July 26, 2007 and
'recorded July 31, 2007 in the Office
of the Recorder of Deeds of Cumber-
land County, Pennsylvania, in Misc.
Book 738, Page 5065, including but
not limited to:
(I) When any dwelling is con-a
strutted on the herein described'
lot, prior to occupancy thereof but
no later than three (3) years after
the date of settlement for the within'r
conveyance or the date required bye
the Township pursuant to the above-
referenced subdivision approval
process, whichever event shall first
occur, the said Grantee(s), its/their.
heirs, successors and assigns, shall
matall four (4~ feet wide concrete
sidewalks (including handicap ac-
cess sidewalks at intersections) in
accordance with South Middleton
Township regulations and standards;
and
(2) All drainage easements and
Storsi Water Management require-
, stoats applicable to the herein de-
scribedlot sad detailed on said !'lttal
Subdivisioa Plan.
BEING the same premises which
= Dickinson Estates, a partnership
' consisting of Donald A. Group, Wil-
l bert L. Diehl and George L. Ebener,
by their Deed dated September 5,
2008, and recorded September 26,
2008, in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania, to Instrument
Number 200832785, granted and
conveyed unto William J. Wirl, III,
t/d/b/a Wirl Builders.
HAVING erected thereon a dweli-
ing houBe known and numbered as
418 Chestnut Street, Boiling 9priap,
pennsylvseitia.
:39496
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 1050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
c~he ~latriot 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:
04116/10
04/23/10
04/30/10
Sworn to ubscribed before met 1 day of May, 2010 A.D.
,,. ,.
~ , , .---
N Pu is
COMMONW~ILTH O~ PENNSYLVANIA
Notarlawl Seal
Sherrie l.. Kistler, Notary Public
Lower Paxton'11Np., Dauphin County
My Commisslon E~Ires Nov. 26, 2011
Member, Pennsylvania Association of Notaries
Writ No.2OO!•i1fi0 CivllTsrm
rru t3irxc aR 9
Va.
William J. Wirl, III
.,Arty: Richard W. Stewart
ALL THAT CERTAIN tract of land situate
in South Middleton Township, Cumberland
County, Pennsylvania, Lot IVo,150 on the Final
Subdivision Plan of Indian Hills -Section No: 4,
recorded in the Office ofthe Recorder ofDeeds in
and for Crumberland County, Pennsylvania, in Plan
Book 92, Page 109, the same being numbered as
mote particularly described as follows:
BEGINNING at a point on the eastern right of
why line of Hope Drive (a 50 feet wide right of
way) at the ~dividiag line of Lot No. 150 and Lot
No.149 of the aforementioned Plan; thence along
the dividing line of Lot No.150and Lot No.149,
South 03 degrees 04 minutes IS second West
150,00 feet to a point; thence along the dividing
line betweenLot No.150and LotNo.151,North
84 degrees-03 minutes 16 seconds West, 126.60
feet to a point; thence along the northern rigtit of
way line of, Chestnut Drive (a SO feet wide right
of way) and Lot No. 150, North OS degrees 56
minutes 441seconds East, 129.57 feet to a point;
thence continuing along Lot No. 150, thence by
a curve to the right having a radius of 15.00 feet,
an arc length of 22.81 feet with a chord bearing
North 49 degrces 30 minutes 30 seconds East,
2067 feetto',apoint thence alongthe eastern right
of way line bfHope Drive (a 50 feet wide right of
way) at the dividing line of LotNo.150; South 86
degrees 55 minutes 45 seconds East, 104.96 feet
to the point place oFBEGINNING. ~
CONTAINING 18,003.35 Square Feet.
UNDER AND SUBJECT, NEVIIrI'HELESS, to
all associated rights, provisions, and conditions of
a ten (10) foot'wide Storm Drainage Easement
as shown oft the herein above mentioned Final
Subdivisio4' Plan for Indian Hills Section No. 4.
UNDER AND SUBJECT, NEVERTHELESS,
to the conditions, notations, restrictions and
easements as noted on the hereinabove mentioned
Final SabdivisionPlan ofIndianHills-Section No.
4, togeUter with any other easements, restrictions,
covenants, conditioffi tit rights ~ ways visible of
its record,
UNDER AND SUBJECT, NEVERTHELESS,
Declaration of Protective Covenants, Conditions,
Restrictions and Reservations for said Final
Subdivision,Plandatedluly26,~007 aadrecorded
icily ~l, 2007 in the OiBoe of the Rxadx of
Deeds~Ctan6~d Coy, p~yx m r
Misc: Book 738, Page 5065, iticindiwg bat ael
Yimitcd<to:
(1}.When any dwelling is constructed on the
herein described lot, prior to occupancy thereof
but no later than three (3) yearsafter the date
of settlement for the within conveyance or
the date required by the Township pursuant
to the above-referenced subdivision approval
process, whichever event shall first oceur, the
said ~rantee(s}, its/their hens, successors and
assigns, shall install four (4') feet wide concrete
sidewalks (including handicap access sidewalks at
intersections) in accordance with South Middl~on
Township regulations and standards; and
(2) All drainage easements and Storm Water
Managemeno requirements applicable to the
herein described lot and detailed on said Final
Subdivision Plan.
BEING the same premises which Dickinson
Estates, a partnership consisting of Donald A.
Group, Wilbert L. Diehl and George L. Ebener,
by their Deed dated September 5, 2008, and
recorded September 26, 2008, in the Office of
the Recorder of Deeds in and for Cumberland
County, Pennsylvania, to Instrument Number
200832785, granted and conveyed unto William
J. Wirl, III, tldlb/a Wirl Builders.
HAVING erected thereon a dwelling house
known and numbered as 418 Chestnut Street,
Boiling Springs, Pennsylvania
:39496
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 BANK OF LANDISBURG is the grantee the same having been sold to said
~~ L
grantee on the 2ND day of JUNE A.D., X2010, under and by virtue of a writ Execution issued on the
~.
26TH day of FEBRUARY, A.D., 2010, out of the Court of Common Pleas of said County as of Civil
V
Term, 2009 Number 819 the suit of BANK OF LANDISBURG against WILLIAM J WIRL III is
duly recorded as Instrument Number 201019110.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~~
Recorder of Deeds, danbe~and Cam, Cedlsie, PA
My Commission E~ires the First idondsy of Jen. 2014
day of
Recorder of Deeds