Loading...
HomeMy WebLinkAbout09-8192THE BANK OF LANDISBURG, Plaintiff V. WILLIAM J. WIRL, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIANIA NO. Oq - alga CIVIL ACTION - LAW a-VI ! T 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 LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. Oct - 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 known as Lot 181 of the Final Subdivision Plan of Indian Hills - Section 4, located in 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 March 12, 2009, in consideration of the loan $45,000.00 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 on demand together with interest at the rate of 6.3% 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 2009-07257. 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 1, 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 $45,000.00 Interest through October 25, 2009 1,382.55 Late Fees 35.73 Attorneys' Collection Commission 4.641.83 TOTAL $51,060.11 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 $51,060.11 together with interest thereon at the rate of 6.3% per annum from October 25, 2009 and the costs of this suit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By '341? Richard W. Stewart Attorney 1. D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff 383299 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. RO R L. BLUMENS IN EXHIBIT A Legal Description ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 181 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. 180 and Lot No. 181 of the aforementioned Plan; thence along the dividing line of Lot No. 180 and Lot No. 181, North 03 degrees 04 minutes 15 seconds West, 150.00 feet to a point; thence along Lot No. 181, North 86 degrees 55 minutes 45 seconds East, 102.24 feet to a point; thence along the dividing line between Lot No. 181 and Lot No. 182, South 03 degrees 04 minutes 15 seconds East, 150.00 feet to a point; thence along the western right of way line of Hope Drive (a 50 feet wide right of way), South 86 degrees 55 minutes 45 seconds West, 102.24 feet to the point and place of BEGINNING. CONTAINING 15,336.00 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. Indian Hills-Section No. 4, together with any other easements, restrictions, covenants, conditions and right of ways visible of its record. 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 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 March 9, 2009, and recorded March 12, 2009, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200907256, granted and conveyed unto William J. Wirl, III, t/d/b/a Wirl Builders. EXHIBIT B Mortgage ROBERT.P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200907257 Recorded On 3/12/2009 At 1:19:29 PM * Instrument Type - MORTGAGE Invoice Number - 39046 User ID - KW * Mortgagor - WIRL, WILLIAM J III * Mortgagee - BANK OF LANDISBURG * Customer - FREY2 * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $48.50 * 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 ty of CU .. RECORDER O D EDS ?L. fntoy "- Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Ililllllllillllllllll iIIII Clr Parcel Identification III Number: IIII? I?II? ?II RECORDATION 000jjTW REQUESTED BY: The Bank of Landisburg Main Office P.O. Box 179 Landisburg, PA 17040 WHEN RECORDED MAIL TO: The Bank of Landisburg Main Office P.O. Box 179 Landisburg, PA 17040 SEND TAX NOTICES TO: WILLIAM J WIRL III 418 CHESTNUT DRIVE/ LOT 150 BOILING SPRINGS, PA 17007 FOR RECORDER'S USE ONLY OPEN - END MORTGAGE AND SECURITY AGREEMENT THIS IS A PURCHASE MONEY MORTGAGE his instrument is an open-end mortgage and secures future advances pursuant to 42 Pa. C.S. §§ 143 and 8144, Act No. 126 of 1990) MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time $45,000.00. Amount Secured Hereby: $45,000.00 THIS MORTGAGE dated March 12, 2009, is made and executed between WILLIAM J WIRL III; SOLE (referred to below as "Grantor") and The Bank of Landisburg, whose address is P.O. Box 179, Landisburg, PA 17040 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and Interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real ropsrty, Including without limitation all minerals, oil, gas geothermal and similar matters, (the "Real Property"? located irL CUMBER}AND County, dommonweaith of Pennsylvania: '?`nee--I /Yo. !/p /Q - 06 s'd - 6y7 208 HOPE DRIVE SOUTH MIDDLETON TWP. CUMBERLAND COUNTY BOILING SPRINGS, PA 17007 DEED BK # PAGE # INSTRUMENT # X009 01.2 57g The Real Properrl?yy or its address is commonly known as 208 HOPE DRIVE, BOILING SPRINGS, PA 17007. REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness including, without limitation, a revolving line of credit, which obligates Lender to make advances to Grantor unless Grantor fails to comply with all the terms of the Note. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Properly; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such Inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Mortgage. This obligation to indemnity and defend shall survive the payment of the Indebtedness and the satisfaction of this Mortgage. MORTGAGE Loan No: 900004290 (Continued) Page 2 TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of lazes and assessments not due and except as otherwise provided in this Mortgage. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: cofire insurance with standard xtended overage endorsements on a replacement lbaprocure and sis for the full iInsurablel value of vering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler Insurance as Lender may require. Policies shall be written by such insurance companies and In such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage In favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Rest Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Properly is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the Ipan. Lender's Expenditures. If any action or proceeding is commenced that would materially affect Lender's interest In the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such ncurred fromexpendi thetures of dateli cu ed or pad by Lender to the date of repayment thby Grantor. All such expenses will become a the the Indebtedness and, at Lender's option, will (1) be payable on demand; (2) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (a) the term of any applicable insurance policy; or (b) the remaining term of the Note; or (3) be treated as a balloon payment which will be due and payable at the Note's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final t tle opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. Existing Indebtedness. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such Indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. Full Performance. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. Events of Default. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor falls to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Default. Grantor fails to comply with any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing indebtedness 13 not made within the }line required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such Indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default !n payment is curable and if Grantor has not been given a notice Loan No: 900004290 MORTGAGE (Continued) Page 3 of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of fifteen (15) days; or (b) if the cure requires more th such default: (a) cures the default within an fifteen (15) days, immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remed With respect all or a part remed es of aisecured party under the Uniform ComomerciialCode al Property, Lender shall have all the rights and Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudiclal Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Lendereshallbe entixpenses. If to Lender Institutes the any suit or court may adjudge action reasonable of the terms of as attorneys' feessat triaal an d upon any appeal. Whether or not any court action is Involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expanses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees end title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by ew. Advance Money Mortgage. (1) This Mortgage secures future advances made pursuant to the Note or Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C. SA. § 8144. (2) If Grantor sends a written notice to Lender which purports to limit the Indebtedness secure d by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffect ve as to any future advances made: (a) to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; (b) to pay taxes, assessments, maintenance charges and insurance premiums; (c) for costs incurred for the protection of the Property or the lien of this Mortgage; (d) on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Note; and (e) on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage. It Is the intention of the parties hereto that any such advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Mortgage: Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Deffnitions. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means WILLIAM J WIRL III and includes all co-signers and co-makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1900, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 (SARA')the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grant I ot. The word "Granfor" means WILLIAM J WIRL 111. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the MORTGAGE " Loan No: 900004290 (Continued) Page 4 Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligations under this Mortgage, together with Interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created In the future shall relate back to the date of this Mortgage. Lender. The word "Lender" means The Bank of Landisburg, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated March 12, 2009, in the original principal amount of $45,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is March 12, 2010. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, Issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: (Seal) ?XWILLIAM. WIRI-614 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, The Bank of Landisburg, herein is as follows: Main Office, P.O. Box 179, Landisburg, PA 17040 ? 4-07 Atto ney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA )SS COUNTY C??Lr(?(?(/CJt? ?LGI/fIY?J OF _ ) On this, the r day of' -? Ilk, 2069 before me tlrSS?.I the undersigned Notary Public, personally appeared WILLIAM .I WIR known to me or c"sfactcnl. provor) to be II7e person whose name is subscribed to the withln,inF} acknowledged that he or she executed the same for the pu therein contai v:r •j In witness whereof, I hereunto set my hand JJV. f1?f: Notary Aublic in and for the Stale of NOTARIAL SUSAN R HENRY Ni ?J FILE" n ?,-? n nee r 21H i v.Ii L5 le). *-M. SO Po AT T-1 ck,* 319aa a3y Isl PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. THE BANK OF LANDISBURG THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. WILLIAM J. WIRL, III, Defendants Writ No. Term, 20 No. 2009-8192 Amount Due $51,060.11 Interest From October 2S, 2009 ($2,801.58) Attorney's Com. Costs TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against William J. Wirl, III Defendant (s) ; (3) and against Garnishee (s) ; (4) and index this writ (a) against William J. Wirl. III Defendant (s) and (b) against Garnishee (s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee (s) as follows: (Specifically describe property) Levy upon and sell all those certain tract of real estate situate in South Middleton Township, Cumberland County, Pennsylvania, owned by the Defendant, WILLIAM J. WIRL, 111, as more fully described in Exhibit "A, "attached hereto and made a part hereof by reference. (5) Exemption has (not) been waived. ,~/ ~---~ Date: ~ v ~. c y 2G/L ~/ ~1.~ ~I/ ~c~tcs~' Attorney for Plaintiff (s) NOTE Under pazagraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b). Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). 4. 2010 JU~~ ~8 ~t~t g. . ,~.,~_:, ,r_~ ~ , ~~~ PcJ~a~'~SY~,~~~~A Y ~~ 335~1~ ~ zy3~ 3 3 ~ 78: a~0 cysts ,~~ ,~ ~ 3y.1~1' n ~` t ~ y; o 0 ~~s3 . ~ y P~ ~~{~. ~ dt. o d ~~ Co `~ . S'd Due. ~C EXHIBIT "A" ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 181 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. 180 and Lot No. 181 of the aforementioned Plan; thence along the dividing line of Lot No. 180 and Lot No. 181, North 03 degrees 04 minutes 15 seconds West, 150.00 feet to a point; thence along Lot No. 181, North 86 degrees 55 minutes 45 seconds East, 102.24 feet to a point; thence along the dividing line between Lot No. 181 and Lot No. 182, South 03 degrees 04 minutes 15 seconds East, 150.00 feet to a point; thence along the western right of way line of Hope Drive (a 50 feet wide right of way), South 86 degrees 55 minutes 45 seconds West, 102.24 feet to the point and place of BEGINNING. CONTAINING 15,336.00 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. Indian Hills-Section No. 4, together with any other easements, restrictions, covenants, conditions and right of ways visible of its record. 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 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 March 9, 2009, and recorded March 12, 2009, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200907256, granted and conveyed unto William J. Wirl, III, t/d/b/a Wirl Builders. SEIZED, taken in execution and to be sold as the property of William J. Wirl, III, judgment debtors and real owners. :402650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-8192 Civil 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$51,060.11 L.L.$.50 Interest FROM OCTOBER 25, 2009 - ($2,801.58) Atty's Comm Atty Paid 153.74 Plaintiff Paid Due Prothy $2.00 Other Costs Date: June 8, 2010 (Seal) J Davi , Prothonot ry By: Deputy REQUESTING PARTY: Name RICHARD W. STEWART, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 MARKET STREET, LEMOYNE, PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 18039 THE BANK OF LANDISBURG, G{L~i}-~,;"~=?;r~- ~- -,~r ~,. •. ~~~ ~{ ~=; ;:,- ,;ter. Plaintiff v. 2010 J~`~~ -8 k~i~ 9~ i~ ~ WILLIAM J. WIRL, III, P~N~JS`~LU;~'~;~ Defendant No. 2009-8192 CIVIL ACTION -LAW AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg, by its attorneys, Johnson, Duffle, 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: 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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: 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Cumberland County Tax Claim Bureau Address: One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 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: ~ ~ ~` 7 , 2010 :402653 JOHNSON, DUFFIE, STEWART & WEIDNER a~ ~~ Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff Johnson, Duffie, Stewart & Weidner By: Richard W. Stewart ~~,~~ . F +~ ~L Attorneys for Plaintiff I.D. No. 18039 ~ •~~ ~ ,,,~ , , .,,,w~;~t~Y 301 Market Street ~' P. O. Box 109 20I~ ~(~~:~ _~ ~~~ ,~: ~ ~ Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 CU#,~ :~ ,-~, ;~~uNTY ~E~~','~`SYLb~;,'~iA THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2009-8192 CNIL ACTION -LAW WILLIAM J. WIRL,, III, 1N 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 Lot 181 on the Final Subdivision Plan of Indian Hills -Section 4, located in South Middletown Township, Boiling Springs, Pennsylvania, as described in Exhibit "A" attached is scheduled to be sold at Sheriffs Sale on September 8, 2010, at ten o'clock a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $51,060.11 obtained by The Bank of Landisburg against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: Lot 181 on the Final Subdivision Plan of Indian Hills -Section 4. located in South Middletown Township, Boiling Springs. Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-8192 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: 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 213-A North Front Street Harrisburg, Pennsylvania 17101 (800) 932-0356 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~~~~ ichard W. Stewart Dated: .J (~yt~ ~I ZGl L Attorneys for Plaintiff :402647 SHERIFF'S OFFICE OF CUMBERLAI~ CU,UNWTY Ronny R Anderson ~ ~ v ; '' ~ ; ~ ~! ~ T,~ Sheriff ~ } ~ ~ `~ ~ ~ ' Jody S Smlth ~~~ .. ~ flF~e~~ ~ E~ v ~ (' ~ i,' :, ~ ~' ~~ :; °r .. Chief Deputy r;,--s x ~ d i f~ Richard W Stewart ~, ~ ~ v~ l 'lra~-1 ~ Solicitor The Bank of Landisburg vs. William J. Wirl, III Case Number 2009-8192 SHERIFF'S RETURN OF SERVICE 06/30/2010 06:12 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1[ at 1805 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: William J. Wirl, III, by making known unto, William J. Wirl, III, personally, at, 8 Woodview Drive, Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 07/01!2010 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/10 at 1910 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William J. Wirl, III, located at, Hope Drive, Lot 181, Boiling Springs, Cumberland County, Pennsylvania according to law. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Richard Stewart on behalf of Bank of Landisburg, 100 North Carlisle Street, Landisburg, PA 17040, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ XXXXXX SHERIFF COST: $1,334.61 October 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF <r~ I'D~~~~ G~^~E r~ THE BANK~OF LANDISBURG, ' Plaintiff v. WILLIAM J. WIRL, III, Defendant No. 2009-8192 CIVIL ACTION -LAW AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg, by its attorneys, Johnson, Duffle, 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 COUR-f 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 fast 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 I ~ 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: 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Cumberland County Tax Claim Bureau Address: One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 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. JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~~(, ~~<J DATE: ~S ~'~ '` 7 , 2010 :402653 Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff Johnson, Duffie, Stewart .X~ Weidner By: Richard W..Stewart I.D. No. i 8039 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. 2009-8192 CNIL ACTION -LAW WILLIAM J. WIRL, III, IN MOKTGAGE 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 Lot 181 on the Final Subdivision Plan of Indian Hills -Section 4, located in South Middletown Township, Boiling Springs, Pennsylvania, as described in Exhibit "A" attached is scheduled to be sold at Sheriffs Sale on September 8, 2010, at ten o'clock a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $51,060.11 obtained by The Bank of Landisburg against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: Lot 181 on the Final Subdivision Plan of Indian Hills -Section 4. located in South Middletown Townshia. Boiling Sorings. Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-8192 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 213-A North Front Street Harrisburg, Pennsylvania 17101 (800) 932-0356 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ° s~~`~/~~ ichard W. Stewart Dated: .~ ~ ~ ~ ~~ 2~1 L Attorneys for Plaintiff :402647 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 181 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. 180 and Lot No. 181 of the aforementioned Plan; thence along the dividing line of Lot No. 180 and Lot No. 181, North 03 degrees 04 minutes 15 seconds West, 150.00 feet to a point; thence along Lot No. 181, North 86 degrees 55 minutes 45 seconds East, 102.24 feet to a point; thence along the dividing line between Lot No. 181 and Lot No. 182, South 03 degrees 04 minutes 15 seconds East, 150.00 feet to a point; thence along the western right of way line of Hope Drive (a 50 feet wide right of way), South 86 degrees 55 minutes 45 seconds West, 102.24 feet to the point and place of BEGINNING. CONTAINING 15,336.00 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. Indian Hills-Section No. 4, together with any other easements, restrictions, covenants, conditions and right of ways visible of its record. 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 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 March 9, 2009, and recorded March 12, 2009, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200907256, granted and conveyed unto William J. Wirl, III, t/d/b/a Wirl Builders. SEIZED, taken in execution and to be sold as the property of William J. Wirl, III, judgment debtors and real owners. :402651 WRIT OF EXECUTION and/or ATTACHMENT COMiLIONWEALTH OF PENNSYLVANIA) COUNTY OF CU'MBER'LAND) N009-8192 Civil 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$51,060.11 Interest FROM OCTOBER 25, 2009 - ($2,801.58) Atty's Comm Atty Pai(~ 153.74 Plaintiff Paid Date: June 8, 2010 L.L.$.50 Due Prothy $2.00 Other Costs J ( David D. Buell, Prothonota (Seal) By: Deputy REQUESTING PARTY: Name RICHARD W. STEWART, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 MARKET STREET, LEMOYNE, PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 18039 V\ On June 14, 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, Lot 181 Hope Drive, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ~~0~, Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16 July 23 and July 30 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 30 of July, 2010 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ~ca ~`r~ ~ ~ T~r O 2 C'rtL '966`9t~ ~f~.. ~~~°f c~ ~7 O / ~`9 v c! ~ ~ r°fq ~/ jd'/~P' Gt/? ~~%~ mat ~rr/ dyrnr'~ ~~ ~ r,? t,~~~1P~J At~~rac o °// as / ~ fir' /s~ ':,~/ Pr7 ~° to d u o O 7y ~? rFrr S, S y ~r7 r L~ `SOP ~/~ ~° e9 t'~ /Lo~~°r• °``t ~rtr•Gd ~/~'o~~s'~ f ~~ rte'? c°N rc~j1 ~/,~ A`~^t Jrd r ~Gf~°~"~rJr~rSf lr3 rya e,?rI8/g/ t ~ t°~ ~, rrG~P i~A,,d rr° a °~ jSe~N 18©~p~' o r„~e ° qP rtpa~~ ~ ~~LS~r~ Q~ Nr/a rQ,~rR r7 Ot QQ(~ ya 1 ~~' P ~ d° jlt rrlCO ~jaf qNS~~ ~a° ~Q' y 1d,2r6~ °r~yAs~1 t°~ G~t oo'~'Q"'p~tr?~©~~J,dr~ t~, Po> / ter rar7 Sa t~P t t yrc rja ko s/cS t8 do/- ~r ~ ~t r?Dr o ~P 7r 0y Gt,~ P7 ~P7 °~?p t~ r'~t, Ser 1 r~7P Q' ~~o c~ 7" ~ r s t o ~' o ~~, t r c4 0 r^ ,°°sr SPd„tJ,f''~o~O~asrp1 Pt'I'o ~'/a~`~~'S 6oe~~ PQs~~ Q of ~P C'~ dp 7~°Gt ~r7~~ S poi`s /~ gt/1 I02 rrP d/o rst u' t~ ~' r s 7 ''` Cry r~'j+cyo y ~1ir586 Pta Psi O P Qr~ ~ry ~ j`.a~ ~ ssb° f ° o~~l ~d `~/`~/~rPrsr ~e `S© '~rrr tto rriG'~°t ~,r rt ~ /p °rSr t;'S, Ls'~ /.rj,~ a/, JO~eP ~ ~ ~~ QAtry ,.~,° d' t~'P,~~t~ °t°,~ys to r~0 `T ~~,Gf`~s7 fSr~at°r"~r~ 1S ~. ~o yy ~Q, ~7 ~/ S~ 06~,~, ePt'~r~ r}. dom. s~Pt~ /7~ ~ PQ.~a rstO c° ~yy~`~t~' op/~~, t°t tP~t r}~ r~,t ~°i, r9ry `/ss,%7~ °~'~, r~4j~°~}a ~'T `Y'9G '~P ~,<, O tof,°~ ~t~$ 'Sr;/ ertf `M'Od try ~r~°rryt"o' ~~'l, a'"r .t,~Ot ~ ~d ~d~.~eyy o°~.G°t `9~~r' o`r~rs~r'`P d°°~° ~,rd'15ty'fl ''~'f7d~ a~~yts t~ ~1r~rpr~~rt~~r•~~ro,} F °~A~~ ~GSPrh ~~°~~ of `r~°~ Gds P,~tro,~ ~e S~~ ° J~°~} y~`'~ °• ~'or r ~, y P r• ° r N 7~ r• r0 t t yfi °Yr~~d.~rdPy oo P °yr°~ A O ~ Str°~,?,`~'~ro~ ~?re o o ~~Grso~ P~ s~ dP`~'d r~sQ'~o~ts EdoP o ~~P'~ty °r~~' a r 7rd Ct,~rrS~Ar`rd C'° °/d,,`PCr r o7y rPy tlrP /7 °7 0's 7r/- r;7 776rPo~ tro77~ ptr"~v rp, cgr,?rr~ r~ ra PQ, /°~trGc1~ q..~~ er/~ t.$PatP~ or°7S7 f~n~' r~~,~sor7~t~$ri r /7~ /p rio p' ~7 t oa o ca ~y. p',{,. yt,, , tr ~ °r7 p. t~,r. r• or7 ~ 7°t /r ~ .r7t rip. ~'I rr7 rrt . otf ~', +brr~~ or`j'tc~°~,~to°rt/7P,bryr77r~v'~p ~''aJ^2Qpstror7sr 0 o rr k?7~r s ~a rG ~ q- ~ A p O -> - d, r5r rrG rry 7r y,~ e a rtt/ tr$r ~~, Prr P/I ~t° °~o°r ~y~ rr rr1 r~ 1r, r y N r„U' 1° N NP 7r ri7 7 cS /A pS s; yt s t ~~ A t~r7P /~ p.~/ 060' d rPy~r~ //~GrcP y~rr~ G6G~S~ ~7 ~o ~~orry ry ro S , Ta cra s y ~/¢ oGr Py Grp, eL~~Lr @rjt tPr r,t r~ ro,~, r6 7, ~r7~~yrp.rpe~ ~ rR orsG',, r`rLyro tatPQ~r y~dG~o' ~PtOryt2 '~r~ o~, C'1,~ r,,~ ~ ~~t~, r.~t7 ~'~~ rrr~t~$r~Pr. Sy°rr~7t~? t~// rP~ ~7t15 at ~7o°t k~ yyr'J r~~d/A~'o~oQ,d~ G ~d°~ ~,?A 7trPr¢, dip ~a rjtP +j~ 4~o e°2}S y' t r7r d/ adre ~~ /irs /°t A c r~7~ 7y Gtr ryes pf rod S~~PI St r,7s .fir st''~~r°r7 ~7Q,°~drP~r7a P P spy ~. tro7~,p r'e ~~'/ ft.~ ytr7 °r7 [~P"d/~Q'P~ t° `$Pr~ y~ tgr7 ~p/ % ~r~ ~Pr'" .p~d°°r"~yt y ~rfrq~"~P P~~r'7 Q~''pta'~7 ca dPr`~/ d° ~'tP~ ~ a7 ~~, rr ty mss. o p' p' ~ `? 1~ rPi ~'!r ~7 °f~~~~t~ ~~ y~.d~ri9 ~~.~ pr•~~D Q' ~' ~r ~. ~(y°rdo ~ ~~t7 sc` r'~~ ° 7~6~orr~ r2 ° ~'. ~ A Pry ~o~ ~~ st Pr~°a°~-?9 do kJf.cS ~ ~G,~ rip, a/.00 2 7P jr~3rj~c~pt~~aG~r9 009 =' / ~7G ~6r7~as G~~y~~r• .~ The Patriot-News Co. 20'20 Technology Pkwy Suite 300 Mechanicsburg, PA.170s0 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e~latriot Neu~s NOw you know CARLISLE PA 17013 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 Holly Blain, 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 Gity, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 Sworn to,~nd st~cribed before met ~s ~ay August, 2010 A.D. Notary Public COMMONWE.,q~,~~ OF pEN1VSYLE/ANI4 Sherrie l.NK6sner' Nola Lower Paxton T~w ry public ~Y Comrnlsslon ~ ~ Dauphin County Me.r.r,d~. ~p"nom ~----_-r-_.Pir~~,Yo~on of~ 20_ 11__. 07/23/10 __ __~ Wr~~-v ~s -8 Az ~ ~'i~i!/ia~ ~s ndisb~~ ttn A m oaf ~r R~ hem ry'ty rri C°untJ; P MrddletoT~'tr t ~ej'~' ~t ae f a r~ Grli~vlsi0n p sYlv~tia, ~ Wnship° la4d siruat rn and ~tn the ~ offn°,iau~ll, !gj n djberlande to P/an °r C~~xffee oftheRes b`ecb°n pleat nutnbe ~0°k 92 aOdCou cordero h'°• 4, foUOws. t~l as mor Page linty penes f,/~s BRCirGat a e p~icul~lY d~ ~ bei ga waYl at °fNope pDrnt on t ~'d as N0 1810tfhedt viding~ve (a Spfe eastern rr ~hedividi gthea fore a '' °flOt of ode°ghtht of ISp~ f3deg~s fLotNu l~plart•~nQ~dL,otf ~'°nh 8b""t tOalo; enures Q~d~tN Ong 7Q22q degrees nt,'then~ ISsecOn °' 181 ~Uth ~ twe nt~Poi t ~ucees gSsg~~~ 0 8~st, 1, ISp de No. I8 j alond'the s Last, rightfeet t° ~l~ nunutes~td Lot No %dineu sec ~~ f waY1, oe °fA -mince ~~ ~ndy, ~ 82, C s R'es~ IQZ24 ~g~S~A~es~,ypf~ whin eett°~ mt4ut de Ofa~n~ 1-~'~t~ho~`Iy,~'~{ Su s/tp~~f~~C~~~~~ jrj In bdivisi°n pl~~ ~ , to ~Ons e any ~~e~Ils-S~tfo~ndian~R~n,F~nt conditions asernents ND• q to ecn°n~'° q tO~RR q~ s~gh1 of ays °v siblt e ~tsth and °nd~r' fE~ us menQo~~ fients asn of notati~~R?~RSS, $ills.sectld pine! 3u ed on the restrictions easements, n ~'o. q bdivision 6erejna ngh~Dfway s~eUons c°°gether ~dn °flnd~~e ER ~ ssible o fitsrenartts, con a"Y other Restrr~a°n°fpr.°~dR.C/,~~ ~tions~ pf~b~vision p~d Reserva~OVenants C~$SS f ~,°un e oftheRecO date' Jvl °ns for said$u°ns, SAS, t3;Pe~~FYlv~aerOfs31 2pD?in~nal hef~ ~ ~clu~ n~wutnotR ~s~ Boo ~ ~LNrlande ~utno des~~dl ellingiscdt°'~ Page t°f settlerner the t~'ee~0rt0 °ccut~ct~ °n t he dad nt for (3) y Fancy he `0 the a re9uired the withi eats after thether~f std ess ~vh~ferea eor e rOwns/U veYaoce~re Cram hrc ever ev su~'iv' p pars ,assi eels ent rsion uant side a°ns, sheltie 1 its/theirhe hat/L~,t approval at ittte~~~~(rnclu~~ I f°ur' fq) ~ succes orsr the ~1i ""~~7oas g~ldre ~t ~zi~ and andt~let~ Towns} to ac ap access sib Wcrete (2)AII ~~ with so ~s h`~anag~8e 'p. rem desc ~re9uir meets and to ARC `rsrOn pled IOt artd~~~s apPL'cabl~ water estates the same ailed on s to the A. Cr a Aartn premises atdFnal Egena~°uR ~Ibee~h''° c°nsi w~Ch pic andr~r by dteir DB L. ~re~ sting of ~o nson ~o rPec°rde~hl~ch l~~ated Mar ~Cep'8e z d 2~j Pennsyl ~~' in ~ rn the ~ 2~ J Nr 2S6 aria to dfor ~~ce of rrl,1l1, greeted Lisrand U~/a ~u ~Dilde Y Ito kr ~~r tllr~n 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 Landisbur~ is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 8th day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 8192, at the suit of Bank of Landisbur~ against William J Wirl IIII is duly recorded as Instrument Number 201030014. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , ~ Q ~ day of A.D. s2~,Qr~L) of Deeds ~a, Curnbeda~,d Caa~, t~arl'~, PA F~irea the Frst Monday of Jan. 2014