HomeMy WebLinkAbout09-8191THE BANK OF LANDISBURG,
Plaintiff
V.
WILLIAM J. WIRL, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIANIA
NO. b1-F31QI 0-., WaIT
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a
written appearance personally or by attorney and filing in writing with the Court your defenses or objections to
the claims set forth against you, You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU. SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de [as demandas que se
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USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Sl USTED NO
TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
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OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS
LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. D q ?' J 9
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 Plaintiff's 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 218 Evergreen 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 June 13, 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 eight (8) 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 2008-20371. 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 13, 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 8,296.68
Late Fees 307.38
Attorneys' Collection Commission 25.850.40
TOTAL $284,354.46
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 $284,354.46 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 ?,-O ??4--
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
383288
VERIFICATION
I, ROGER L. BLUMENSCHEIN, Sales Division Manager of The Bank of Landisburg, the Plaintiff
named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and
have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best
of my knowledge, information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification authorities.
O).
?ROG L. BLUMENSCHEI
EXHIBIT A
Legal Description
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, Lot No. 81 on the Final Subdivision Plan of Indian Hills - Section No. 3, recorded in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page
126, the same being numbered as more particularly described as follows:
BEGINNING at a point on the eastern right of way line of Evergreen Drive (a 50 feet wide right of
way) at the dividing line of Lot No. 81 and Lot No. 82 of the aforementioned Plan, North 01 degrees 02
minutes 00 seconds West, 142.88 feet to a point; thence along the dividing line between Lot No. 81 and
Lot No. 101, North 89 degrees 50 minutes 23 seconds West, 105.82 feet to a point; thence along the
dividing line between Lot No. 81 and Lot No. 80, South 01 degrees 02 minutes 00 seconds East, 140.68
feet to a point; thence along the eastern right of way line of Evergreen Drive (a 50 feet wide right of way_
and Lot No. 81, South 88 degrees 58 minutes 00 seconds East, 105.80 feet to the point and place of
BEGINNING.
CONTAINING 15,000.32 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. 3,
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 June 16, 2003 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Misc. Book 0698, Page 4900, 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 June 9, 2008, and recorded June 17, 2008, in
the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number
200820370, granted and conveyed unto William J. Wirl, III, t/d/b/a Wirl Builders.
HAVING erected thereon a dwelling house known and numbered as 218 Evergreen Drive, Boiling
Springs, Pennsylvania.
EXHIBIT B
Mortgage
ROBERT P. LIEG EL R
RECORDER OF DEEDS
CUMBERLAND COUNTY
I COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200820371
Recorded On 6/17/2008 At 2:06:07 PM
* Instrument Type - MORTGAGE
Invoice Number - 23206 User ID - AF
* Mortgagor - WIRL, WILLIAM J III
* Mortgagee - BANK OF LANDISBURG
*Customer - FREY
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $38.50
* 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
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Made this 13th day of June in the year of our lore,
Two Thousand Eight (2008 )
* BETWEEN
WILLIAM J. WIRL, III ?iSSA?IX?QX?LTX,XSXt}? of Mt. Holly
Springs, Cumberland County, Pennsylvania
* t/d/b/a WIRL BUILDERS, a Pennsylvania sole proprietorship;
(hereinafter called the Mortgagor, party of the first part,
AND
THE BANK OF LANDISBURG, a Sate banking association existing under the laws of the Commonwealth of Pennsylvania, having its
principal place of business in the Borough of landisburg, 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 ---------------------4$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 policy 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 wick 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 some. 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 the consent of Mortgagor, to
collect, 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.
ncss secured hereby or any portion thereof, whither 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-fact, in Mortgagors 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 of 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 future 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, Mortgagors
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 rata 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 sate or local purposes, of the manner of the collection of any such taxes, so
as m 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 rate 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 (50) 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
whereof, 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:
Wo
ALL THAT CERTAIN tract of land situate in South I>tiddlcton Township,
Cumberland County, Pennsylvania, Lot No. 81 on the Final Subdivision Plan of Indian Bills -
Section No. 3, recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Plan Look 86, page 126, the same being numbered as more
particularly described as follows:
RIM -MMG at a point on.the eastern right of %-ay line of Evergreen Drive (a SO feet
wide right of way) at the dividing line of Lot No. 81 and Lot No. 82 of the aforementioned
Plan, North 01 degrees 02 minutes 00 seconds West 142.88 feet to a point; thence along the.
dividing line between Lot No. gland Lot NQ-101, North 89 degrees 50 minutes 23 seconds
West 105.82 feat to a point thence along the dividing line betwetnl Lot No. 81 and Lot No. 80,
South 01 degrees 02 minutes 00 seconds East 140.68 feet to it point; thence along ft eastern
right of way line of Evergreen Drive (a 50 feet wide right of way) and Lot No. 81, South 88
degrees 58 minutes 00 seconds Fast 105.80 feet to the point and place of DWINNING.
CONTAINING 15,000.32 Square Peet.
TOGETHER with the streets, alleys, passages, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances
whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and
TOGETHER 'Wish 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 of 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 or upon the same, or used in connection therewith; it being understood and agreed between the parties hero 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 lot of land, hereditaments and premises hereby granted and conveyed, with the appur-
tenances, unto the said Mortgagee, its successors and assigns, to the only proper use and School of the said Mortgagee, its successors and
assigns, FOREVER.
PROVIDED, HOWEVER, that in case 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 as to fire insurance, taxes 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 payable
and an action of mortgage foreclosure may be commenced forthwith on this Mortgage and prosecuted to judgment, execution and sale for
the collection of the whole amount of the said principal debt and/or interest thereon remaining unpaid, together with all premiums of
insurance, taxes and water 'and sewer rents paid, fees, costs and expenses of such proceedings, together with an attorney's commission of
ten per centum (10%). All errors in said proceedings, together with stay of, or exemption, or extension of time of payment, which may
be given by any Act or Acts of Assembly, now in force, or which may be enacted hereafter, are- hereby forever waived and released.
In the event of the taking of all or any portion of the premises in any proceedings under the power of eminent domain, the entire
sward rendered in such proceedings shall be paid to Mortgagee, to be applied toward reimbursement of all costs and expenses of Mortgagee
Connection with said proceedings, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward
•vment of the indebtedness secured hereby, or any portion thereof, whether or not then due or payable, or Mortgagee at its option,
'v said award, or any part thereof, to the repair 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 hereinbefore 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 amicable 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 hereditaments 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 taken 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, Mortgagor's 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 assigns, 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 them is more than one
parry named herein as a Mortgagor, the singular word "Mortgagoi', wherever occuring herein, shall be deemed and taken to abeam the plural.
AND PROVIDED FURTHER, that all grants, covenants, waivers, options, stipulations, promises, undertakings, agreements, and rights Rod
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, III
(SEAL)
(SEAL)
(SEAL)
07
7APY
*78 - 60 Ptt A`"
er*.iaq X38
Jtshnson, 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
NO. 2009-8191
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.
SWORN to and subsc ibed
beforye~/me this ~ day of
' r ~C~ , 2010.
t
Nota ublic
Attorneys for Plaintiff Fl(~p.~:~
~;~F TNc f'SG?~~v~OTARY
20l4l4~R -3 P~ I ~ ~ 9
P A;='
ti. ~;,~i~
r'i=.s~liriSYL1f~~"~{~A
iN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RIC W. STEWART
(JOMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Gail J. Mahoney, Notary Public
Lemoyne Borougi~ berland County
My commission a eb 19, 2014
,,
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, Lot No. 81 on the Final Subdivision Plan of Indian Hills -Section No. 3, recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, the same being numbered
as more particularly described as follows:
BEGINNING at a point on the eastern right of way line of Evergreen Drive (a 50 feet wide right of way) at the
dividing line of Lot No. 81 and Lot No. 82 of the aforementioned Plan, North O1 degrees 02 minutes 00 seconds West,
142.88 feet to a point; thence along the dividing line between Lot No. 81 and Lot No. 101, North 89 degrees 50 minutes
23 seconds West, 105.82 feet to a point; thence along the dividing line between Lot No. 81 and Lot No. 80, South O1
degrees 02 minutes 00 seconds East, 140.68 feet to a point; thence along the eastern right of way line of Evergreen
Drive (a 50 feet wide right of way_ and Lot No. 81, South 88 degrees 58 minutes 00 seconds East, 105.80 feet to the
point and place of BEGINNING.
CONTAINING 15,000.32 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. 3, 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 June 16, 2003 in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Misc. Book 0698, Page 4900, 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 June 9, 2008, and recorded June 17, 2008, in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200820370, granted and
conveyed unto William J. Wirl, III, t/d/b/a Wirl Builders.
HAVING erected thereon a dwelling house known and numbered as 218 Evergreen Drive, Boiling Springs,
Pennsylvania.
SEIZED, taken in execution and to be sold as the property of William J. Wirl, III, judgment debtors and real
owners.
:393031
~Tol~nson, Duffle, Stewart & Weidner
By: Richard W. Stewart
I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
THE BANK OF LANDISBURG,
Plaintiff
v.
WILLIAM J. WIRL, III,
Defendant
NOTICE OF SHERIFF'S SALE AND
DIVESTITURE OF LIENS
NO. 2009-8191
CN1L 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
distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania,
Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390.
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Central Pennsylvania Legal Services
213-A North Front Street
Harrisburg, PA 17101
(800)932-0356
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: " ~~~ ~~.~~
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: ~~ h Z `~ , 2010
:393029
~ r
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, Lot No. 81 on the Final Subdivision Plan of Indian Hills -Section No. 3, recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, the same being numbered
as more particularly described as follows:
BEGINNING at a point on the eastern right of way line of Evergreen Drive (a 50 feet wide right of way) at the
dividing line of Lot No. 81 and Lot No. 82 of the aforementioned Plan, North O1 degrees 02 minutes 00 seconds West,
142.88 feet to a point; thence along the dividing line between Lot No. 81 and Lot No. 101, North 89 degrees 50 minutes
23 seconds West, 105.82 feet to a point; thence along the dividing line between Lot No. 81 and Lot No. 80, South O1
degrees 02 minutes 00 seconds East, 140.68 feet to a point; thence along the eastern right of way line of Evergreen
Drive (a 50 feet wide right of way_ and Lot No. 81, South 88 degrees 58 minutes 00 seconds East, 105.80 feet to the
point and place of BEGINNING.
CONTAINING 15,000.32 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. 3, 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 June 16, 2003 in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Misc. Book 0698, Page 4900, 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 June 9, 2008, and recorded June 17, 2008, in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200820370, granted and
conveyed unto William J. Wirl, III, t/d/b/a Wirl Builders.
HAVING erected thereon a dwelling house known and numbered as 218 Evergreen Drive, Boiling Springs,
Pennsylvania.
SEIZED, taken in execution and to be sold as the property of William J. Wirl, III, judgment debtors and real
owners.
~ ~- /pF MAILING
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postage and
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tlF~ R 1 u "J P.O. BOX 109 Postmark. Inquire of
Postmaster for postage
MR
j~UFFIE 17043 0 09A ova sd
One Pismo of ordinary mail .ddruud to: D,~O~~
_ DICKINSON ESTATES l
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139 WEST HIGH STREET ~ `~
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MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POS7MA57Ea
PS FORM ~ f 7
MAY 1978
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MANUFACTURERS & TRADERS :
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TRUST COMPANY _ ,.._
P O BOX 2691 Ti
HARRISBURG PA 17105 ~
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, I9b7~~
FOR INSURANCE - POSTMASTEa
PS FORM 3817 {r U.S.G.P.O.: 1988 -202-395/78114
MAY 1978
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CERTIFICATE
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P THOMAS SHOVER
81 NOBLE BOULEVARD ~-b-~-~
CARLISLE PA 17013
MAV 1E UiED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE -POSTMASTER
PS FORM X17 ~ U.S.G.P.O.: 1988 -202-395/78114
MAY 1878 n s. y~41 _~, I
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CUMBERLAND CTY TAX CLAIM BUREAU ,1-` t. t-. -v
ONE COURTHOUSE SQUARE ~''~
CARLISLE PA 17013 '°: ~, ~--- ~ ~h
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOE§"N~fi OVI
FOR INSURANCE -POSTMASTER
PS FORM
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CERTIFICATE ~ o~P Aftix~F
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-CARLISLE PA 17013 ~
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MAY BE USED FOR OOMESTIC AND INTERNATIONAL MAIL,
FOR INSURANCE -POSTMASTER
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PROVIDE
PS FORM
MAY 1978 ~ t T
s} U.S.G.P.O.: 1988 -202-395/78114
IQfAd' t4b1-~a~
SI~E~tIF
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
S OFFICE OF CUMBERLAND COUNTY
~~w~,~r a# ~umbrr/,~
9fFiGE { F T H~ $NERIFF
~`
,_)-,
210 !~~ i 6 F~ ~ I~~ ~ J
t
The Bank of Landisburg
vs.
William J. Wirl, III
Case Number
2009-8191
HERIFF'S RETURN OF SERVICE
04/06/2010 07:01 PM -Shawn Har son, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10
at 1857 hours, he post 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. wiri, III, located at, 218 Evergreen Drive, Boiling
Springs, Cumberland C unty, Pennsylvania according to law.
04/06/2010 04:13 PM -Shawn Har son, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10
at 1610 hours, he serv 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. Wrl III, by making known unto, William
J. Wirl III, personally, at 8 Woodview Drive, Mt. 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, Sh
had been given accordi
the Courthouse, Carlisle
sold the same for the sr
P.O. Box 179, Landisb~
Anderson, the sum of $
SHERIFF COST: $1,267.72
July 15, 2010
eriff, who being duly sworn according to law, states that after due and legal notice
ig to law, he exposed the within described premises at public venue or outcry at
:, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He
im of $1.00 to Attorney Richard W. Stewart, on behalf of The Bank of Landisburg,
rg, PA 17040, being the buyer in this execution, paid to Sheriff Ronny R.
1,267.72
SO ANSWERS,
• t:~~""---~
RON ~ ,R ANDERSON, SHERIFF
a ~ Pd • C'o.
. st> c~c- p~,
i~ 7~ az~
~~S 3~ 7
(c) CountySuite Sheriff. Teleosoft, Inc.
THE BANK OF LANDISBURG,
Plai~,tiff
v.
WILLIAM J. WIRL, III,
Defendant
No. 2009-8191
CIVIL ACTION -LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
The Bank of Landisburg, by its attorneys, Johnson, Duffie, Stewart & Weidner, sets forth as of the
date the Praecipe for the Writ of Execution was filed the following information concerning the real property
located in South Middleton Township, Cumberland County, Pennsylvania.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address:
William J. Wirl, III 8 Woodview Drive
Mount Holly Springs, PA 17065
2. Name and address of Defendant(s) in the judgment:
Name: Address:
William J. Wirl, III 8 Woodview Drive
Mount Holly Springs, PA 17065
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Address:
The Bank of Landisburg P.O. Box 179
Landisburg, PA 17040
4. Name and address of the last recorded holder of every mortgage of record:
Name: Address:
The Bank of Landisburg
P.O. Box 179
Landisburg, PA 17040
Dickinson Estates 139 West High Street
Carlisle, PA 17013
Manufacturers & Traders Trust Company 213 Market Street
P. O. Box 2691
Harrisburg, PA 17105
5. Name and address of every other person who has any record lien on the property:
Name:
Address:
P. Thomas Shover 81 Noble Boulevard
Carlisle, PA 17013
6. Name and address of every other person of whom the Plaintiff has knowledge who has any
record interest in the property and whose interest may be affected by the sale:
Name: Address:
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name:
Cumberland County Tax Claim Bureau
Carlisle, PA 17013
Cumberland County Domestic Relations
Address:
One Courthouse Square
P. O. Box 320
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
DATE: ~-~' ~ti ~ ' 4y. , 2010
:392974
JOHNSON, DUFFIE, STEWART & WEIDNER
Richard W. Stewart
Johnson, Duffie, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney ID No. 18039
Attorneys for Plaintiff
Jol~nso;•i,'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.
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-8191
CNIL, ACTION -LAW
WILLIAM J. WIRL, III, IN MORTGAGE FORECLOSURE
Defendant .
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TO: William J. Wirl, III, 8 Woodview Drive, Mount Holly Springs, PA 17065
Your real estate situate in South Middleton Township, Cumberland County, Pennsylvania, known
as 218 Evergreen Drive, Boiling Springs, Pennsylvania, as described in Exhibit "A" attached is scheduled
to be sold at Sheriff's Sale on June 2, 2010, at ten o'clock a.m. in the Cumberland County Courthouse,
Carlisle, Pennsylvania to enforce the Court Judgment of $284,354.46 obtained by The Bank of
Landisburg against you.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and
other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by
reference.
THE LOCATION of your property to be sold is: 218 Evergreen Drive, South Middleton
Township. Boiling Springs, Cumberland County. Pennsylvania
THE JUDGMENT uhder or pursuant to which your property is being sold is docketed to:
No. 09-8191 in the Court of Common Pleas of Cumberland County, Pennsylvania
The name and address of the owner or reputed owner of this property is:
William J. Wirl, III, 8 Woodview Drive, Mount Holly Springs, PA 17065
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed
by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be
filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in
accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it
within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland
County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, Telephone (717) 240-6390.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of
the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland
County at (717) 582-2131.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for
good cause.
3. You may also be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping
the sale.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU
HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You may be entitled to a share of the money which was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days
of the sale date. This schedule will state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the
date of the filing of the schedule of distribution.
6. You may also have other rights and defenses, or ways of getting your property back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CENTRAL PENNSYLVANIA LEGAL SERVICES
293-A North Front Street
Harrisburg, Pennsylvania 17901
(800) 932-0356
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
r a,
~; ___.
,,, ; Richard W. Stewart
Dated: t~~" ?,~ ~~ r,` f~=~~-= Attorneys for Plaintiff
392976
i ~
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot
No. 81 on the Final Subdivision Plan of Indian Hills -Section No. 3, recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, the same being numbered as more particularly
described as follows:
BEGINNING at a point on the eastern right of way line of Evergreen Drive (a 50 feet wide right of way) at the
dividing line of Lot No. 81 and Lot No. 82 of the aforementioned Plan, North 01 degrees 02 minutes 00 seconds West,
142.88 feet to a point; thence along the dividing line between Lot No. 81 and Lot No. 101, North 89 degrees 50 minutes
23 seconds West, 105.82 feet to a point; thence along the dividing line between Lot No. 81 and Lot No. 80, South 01
degrees 02 minutes 00 seconds East, 140.68 feet to a point; thence along the eastern right of way line of Evergreen
Drive (a 50 feet wide right of way_ and Lot No. 81, South 88 degrees 58 minutes 00 seconds East, 105.80 feet to the
point and place of BEGINNING.
CONTAINING 15,000.32 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. 3, 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 June 16, 2003 in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Misc. Book 0698, Page 4900, 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 June 9, 2008, and recorded June 17, 2008, in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200820370, granted and
conveyed unto William J. Wirl, III, t/d/b/a Wirl Builders.
HAVING erected thereon a dwelling house known and numbered as 218 Evergreen Drive, Boiling Springs,
Pennsylvania.
SEIZED, taken in execution and to be sold as the property of William J. Wirl, III, judgment debtors and real
owners.
392979
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 09-8191 Civil
COUNTY OF CUMBEILAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF LANDISBURG, Plaintiff (s)
From WILLIAM J. WIRL, III,
(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 $284,354.46 L.L. $.50
Interest FROM 10/25/09 - $12,395.16)
Atty's Comm % Due Prothy $2.00
Atty Paid $153.74 Other Costs
Plaintiff Paid
Date: FEBRUARY 26, 2010
( meal)
RrQUEST'1NC• PAR i Y:
Deputy
Name RICIiARD W. STEWART, ESQUIRE
Address: JOHPISON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 18039
David D. Buell, rothonotary
By:
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, 218 Evergreen Drive, Boiling Springs,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: March 22, 2010
By:
_ ~~ ~ ~ ,n
R al state Coo`r~nator
J~ ,,., -
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
;r Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH F PENNSYLVANIA
ss.
COUNTY OF CLIMB RLAND
Lisa Marie Coy e, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being d ly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodic 1 published in the Borough of Carlisle in the County and State aforesaid,
was established January , 1952, and designated by the local courts as the official legal
periodical for the public tion of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the sai County, and that the printed notice or publication attached hereto is
exactly the same as was rinted in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
A ril 16 A ri123, and A ril 30, 2010
Affiant further
Law Journal, a legal pE
matter of the aforesaid
statements as to time,
that he is authorized to verify this statement by the Cumberland
of general circulation, and that he is not interested in the subject
ice or advertisement, and that all allegations in the foregoing
and character of publication are true.
i Marie oyne, Edi r
SWORN TO AND SUBSCRIBED before me this
30 da off April, 2010
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Nohry PubNc
CARLISLE 80ROli6H, CWNBEALAND COUNTY
MI- Coawab~ton Expi~n Apr 28, 2014
writ ifo. ~M-~lli p~
The Bank of Landiaburg
va.
William J. Wirl, III
Atty: Richard W. Stewart
Legal Description
218 Evergreen Drive
ALL THAT CERTAIN tract of land
' situate in South Middleton Township,
Cumberland County, Pennsylvania,
Lot No. 81 on the Final Subdivision
Y Plan of Indian Hills -Section No. 3,
i recorded in the Office of the Recorder
`of Deeds in and for Cumberland
County, Pennsylvania, in Plan Book
86, Page 126, the same being num-
. bered as more particularly described
as follows:
BEGINNING at a point on the
!eastern right of way line of Evergreen
`Drive (a 50 feet wide right of way) at
the dividing line of Lot No. 81 and
Lot No. 82 of the aforementioned
Plan, North O1 degrees 02 minutes
00 seconds West, 142.88 feet to
°' a point; thence along the dividing
line between Lot No. 81 and Lot No.
101, North 89 degrees 50 minutes
23 seconds West, 105.82 feet to a
point; thence along the dividing line
between Lot No. 81 and Lot No. 80,
South O1 degrees 02 minutes 00
seconds East, 140.68 feet to a point;
thence along the eastern right of way
line of Evergreen Drive (a 50 feet wide
right of way_ and Lot No. 81, South
88 degrees 58 minutes 00 seconds
East, 105.80 feet to the point and
place of BEGINNING.
CONTAINING 15,000.32 Square
,Feet.
UNDER AND SUBJECT, NEVER-
THELE33, to the conditions, nota-
tions, restrictions and easements as
noted on the hereinabove mentioned
Final Subdivision Plan of Indian
Hills-Section No. 3, together with
any other easements, restrictions,
covenants, conditions & rights of
ways visible of its record.
,,~„N.,,~.,~~,~, .~.r .....,.,,,..,,.~...,.,,.,..t._,~.~..
~ !y, N.;:.r~13;~t1x3 n0ia~irnrr-.may y,..~a~
UNDER AND SUBJECT, NEVER-
THELESS, Declaration of Protective
Covenants, Conditions, Restrictions
„, and Reservations for said Final Sub-
division Plan dated June 16, 2003 in
the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania,
in Misc. Book 0698, Page 4900, in-
eluding but not limited to:
(1) When any dwelling is con-
i 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
conveyance or the date required by;
the Township pursuant to the above-
referenced subdivision approval
j 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 ac-
cess sidewalks at intersections) in
accordance with South Middleton
~~ Township regulations end standards;
'and
(2) All drainage easements and
Storm Water Management require-
; ,' ments applicable to the herein de-
scribed lot and detailed on said Final
C Subdivision Plan.
BEING the same premises which
Dickinson Estates, a partnership
consisting of Donald A. Group, Wil-
bert L. Diehl and George L. Ebener,
by their Deed dated June 9, 2008,
and recorded June 17, 2008, in the
Office of the Recorder of Deeds in
and for Cumberland County, Penn-
sylvania, to Instrument Number
200820370, granted and conveyed
unto William J. Wirl, III, t/d/b/a
Wirl Builders.
HAVING erected thereon a dwell-
ing house known and cumbered as
218 Evergreen Drive, Bor7irsg Springs,
Pennsylvania.
The Patriot-News Co.
'' ` 2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
~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
a
7
worn to ~ fiubscribed before e t ~ ~$ of May, 2010 A.D.
.r
,r
r"
~~'~_ 1 ~U ~~. L`-.L_.~
Notary Public .~~~----
COMMONWEA TN OF pENNSYLVANLq
Nobrl~l Swl
She--i~ 1. KlirNr, Notary Public
Lower Paxlgn ~,~ pauphln County
My Commis9lon ExplreS Nav, 26, 2011
Member, pennsYlvanla Assodatlon of Notaries
~INITs+rth
`n
Vs.
VVNMant J. WM, IN
Mtq: Rlchara W. Stewart
LegalDesaiption
218 Evergreen Drive
ALL THAT CERTAIN tract of land situate in
South Middleton Township, Cumberland County,
Pennsylvania, LotNo. 81 oniheFinal Subdivision
Plan of Indian Hills -Section No. 3, recorded in
the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book
86, Page 126, the same being numbered as more
particularly described as follows:
BEGINNING at a point on the eastern fight of
way line of Evergreen Drive (a 50 feet wide right
of way) at the dividing line of Lot No. 81 and
Lot No. 82 of the aforementioned Plan, North Ol
degrees 02 minutes 00 seconds West, 142.88 feet
to a point; thence along the dividing line between
Lot No. 81 and Lot No.101, North 89 degces 50
minutes 23 seconds West, 105.82 feet to a point;
thence along the dividing line between LotNo.81
and Lot No. 80, South Ol degrees 02 minutes 00
seconds East,140.68 feet to a point; thence along
the eastemrightof way line of Evergreen Drive (a
50 feet wide right of way_ and Lot iVo. 81, South
88 degrees 58 minutes 00 seconds East, 105.80
feet to the point and place of BEGINNING.
CONTAINING 15,000.32 Square Feet.
UNDER AND SUBJECT, NEVERTHELESS,
to the conditions, notations, restrictions and
easements as noted on the hereinabeve mentioned
Final SubdivisionPlan ofIndianHills-Section No.
3, 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 1§eservations for said Final
Subdivision Plan dated June 16, 2003 in the
Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Mise: Book 0698, Page
4908, including but not limited to:
(1) When any dwelling is constructed on the
herein described lot, prior to occupancy thereof
but So later than three (3) years after the date
of settlement for the within conveyance or
the -date requited 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 conaete
sidewalks (including handicap access sidewalks at
inteisections) in accordance with 8outhMiddleton
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 pates ° of Dopald A.
GrrttHp,lll~+et L. DiaY and (ieae~m L; 8barier, by
tle~'3~ doled 7~ 9.21108^ and tectxdtd June
17, 2008, fin Ike Ollla of the Reeadet of ISeeds
in and fa Cimaberland ~Y> peeosylvania,
to Instrument Number 200820370, granted and
conveyed unto William J. Wirl, III, tldlbla Wirl
Builders. ,
C~,grecTGi-+~reea a dwelling house
knoand nur"6trered as 218 ~vergteen Ihive,
Boiling Springs, Pennsylvania
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 Sheriffs Deed in which BANK OF LANDISBURG is the grantee the same having been sold to said
~~ ~.
grantee on the 2ND day of JUNE A.D., X2010, under and by virtue of a writ Execution issued on the
!1 v~ ~
26TH day of FEBRUARY, A.D., X2010, out of the Court of Common Pleas of said County as of Civil
S 1 ( ~k.QL
Term, 2009 Number ', at the suit of BANK OF LANDISBURG against WILLIAM J WIRL III is
duly recorded as Instrument Number 201019105.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~ ~n day of
'~ ' Recorder of Deeds
ReoorderdDeeds, denberkndt'~ray, c~r~b, PA
My C~ommissiorr E~ires the First 61ond~t ~ Jan. 2014