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HomeMy WebLinkAbout10-2230 2 AF - A, t: i2 CWT '^' i Y PAUL K. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Plaintiff V. DOROTHEIA R. HUNTER; and MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, Jordan D. Cunningham, Esquire PA Supreme Court ID #23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: jcunnin hg amgcclawpc.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - olAZO CIVIL ACTION - EQUITY PRAECIPE TO TRANSFER JUDGMENT Re: Paul K. Fetterhoff v. Dorotheia R. Hunter and Michael Wagner, II, Alberta Wagner, and Stephanie L. Gaffey, Individually and Michael Wagner, II, Alberta Wagner, and Stephanie L. Gaffey as Trustees for Minors Sharlena R. Wagner and Dakota Criley Dauphin County Court of Common Pleas Docket No. 2008-CV-03332-EQ TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Pursuant to Pa. R.C.P. 3002, please file of record the following documents attached hereto: 1. Certified copy of all the docket entries in the above captioned case; and 2. Certification of the amount of the judgment in the above-captioned case; 4000 Pa ATrY 41340 (?,# a 34859 ?bke,. 1?1Du??Q and forthwith enter the judgment in favor of the Plaintiff, Paul K. Fetterhoff, in the amount of $208,813.23 together with costs and interest in the appropriate dockets and index it against the Defendants, Michael Wagner, II and Alberta Wagner, in their individual capacities and Michael Wagner, II and Alberta Wagner as Trustees for Minors, Sharlena R. Wagner and Dakota Criley and in favor or the Plaintiff, Paul K. Fetterhoff, in the amount of $1.00, together with costs and interest, in the appropriate docket and index it against Defendant Stephanie L. Gaffey as Trustee for Sharlene R. Wagner and Dakota Criley. Date: 3 ,? fv Respectfully submitted, CUNNIN COFF, P.C. By: Jord mgham, Esquire I.D. 2314 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 (Attorneys for Plaintiffi F:\Home\AHEWITT\DOCS\D-F\FETTERHO\HUNTER, DOROTHEIA\praecipe 033010.wpd In Zbe Court of Common Pen of ;Baupbin Countp, Vennotbania Paul K. Fetterhoff VS Dorotheia R. Hunter; and Michael Wagner, II; Alberta Wagner; and Stephanie L. Gaffey, individually and Michael Wagner, II; Alberta Wagner and Stephanie L. Gaffey, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley No. 2008-CV-03332-EQ CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered as follows: Judgment is awarded in favor of Plaintiff, Paul K. Fetterhoff, and against the Defendants Michael Wagner, II and Alberta Wagner in the amount of $208,813.23 together with costs and interest. Judgment is awarded in favor of Plaintiff, Paul K. Fetterhoff, and against Defendants Michael Wagner, II and Alberta Wagner as Trustees for Minors, Sharlena R. Wagner and Dakota Criley in the amount of $208,813.23 together with costs and interest and against Defendant Stephanie L. Gaffey as Trustee for Minors, Sharlena R. Wagner and Dakota Criley in the amount of $1.00 together with costs and interest. 31n Testitnonp 30bereof, I have hereunto set my hand and affixed the seal of the Court, on Friday, March 26, 2010. Deputy Date: 3/26/2010 Dauphin County User: AHOCK Time: 08:34 AM Complete Case History Page 1 of 6 Case: 2008-CV-03332-EQ Paul K Fetterhoffvs.Dorotheia R Hunter, etal. Filed: 3/20/2008 Subtype: Equity Physical File: Y Appealed: N Comment: Status History Pending 3/20/2008 Pending / Judgment 2/24/2009 Judge History Date Judge Reason for Removal 3/20/2008 No Judge, Administrative 3/9/2009 Clark, Lawrence F. Jr. Current Payments Receipt Date Type Amount Cunningham & Chernicoff 156096 3/20/2008 Civil Filing 117.00 Cunningham & Chernicoff, PC 219795 3/22/2010 Miscellaneous 23.00 Exemplified Record 23.00 Cunningham, Jordan D (attorney 186049 2/24/2009 Civil Filing 20.50 Foster, Peter B (attorney for Wa! 187016 3/6/2009 Civil Filing 132.00 Total 292.50 Miscellaneous Receipts Receipt Date 219795 3/22/2010 Exemplified Record 23.00 Sum: 23.00 Plaintiff Name: Fetterhoff, Paul K SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Cunningham, Jordan D (Primary attorney) Send Notices Defendant Name: Hunter, Dorotheia R SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Foster, Peter B (Primary attorney) Send Notices Glace, John M Send Notices Date: 3/26/2010 Dauphin County Time: 08:34 AM Complete Case History Page 2 of 6 Case: 2008-CV-03332-EQ Paul K Fetterhoffvs.Dorotheia R Hunter, etal. Defendant Name: Wagner, Michael II SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and as trustee for minors Attorneys Foster, Peter B (Primary attorney) Send Notices Defendant Name: Wagner, Alberta SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and as trustee for minors Attorneys Foster, Peter B (Primary attorney) Send Notices Defendant Name: Gaffey, Stephanie L SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Individually and as trustee for minors Attorneys Foster, Peter B (Primary attorney) Send Notices Hearings From To Judge Type 7/28/2009 02: 30 PM 7/28/2009 04:30 PM Clark, Lawrence F. Jr. Hearing See ORDER filed. Copies Dist by Court 66/17/09. Register of Acti ons 3/20/2008 New Civil Case Filed This Date. No Judge, Plaintiff: Fetterhoff, Paul K Attorney of No Judge, Record: Jordan D Cunningham Filing: Writ of Summons Paid by: No Judge, Cunningham & Chernicoff Receipt number: 0156096 Dated: 3/20/2008 Amount: $117.00 (Check) Writ of Summons Issued. See Praecipe, No Judge, filed. User: AHOCK Date: 3/26/2010 Dauphin County Time: 08:34 AM Complete Case History Page 3 of 6 Case: 2008-CV-03332-EQ Paul K Fetterhoffvs.Dorotheia R Hunter, etal. Register of Actions 3/20/2008 Lis Pendens is entered against the No Judge, Property known as 1461 Pheasant Hill Road, Middle Paxton Township, Dauphin County, PA - tax parcel identification n um ber:43-011-076. 4/7/2008 Rule is issued upon Plaintiff to file a No Judge, Complaint within 20 days of service or suffer entry of Judgment of Non Pros. See Praecipe, filed. 4/17/2008 Peter B Foster, Esq enters appearance on No Judge, behalf of Defendants. 4/29/2008 John M Glace, Esq enters appearance as No Judge, co-counsel on behalf of Defendant: Hunter, Dorotheia R 1/9/2009 Complaint filed. No Judge, 1/15/2009 Praecipe to Amend Certificate of Service, No Judge, filed. 1/22/2009 Answer of Defendant, Stephanie L. Gaffey, No Judge, to Plaintiffs Complaint, filed. 2/24/2009 Filing: Judgment Paid by: Cunningham, No Judge, Jordan D (attorney for Fetterhoff, Paul K) Receipt number: 0186049 Dated: 2/24/2009 Amount: $20.50 (Check) For: Fetterhoff, Paul K (plaintiff) Default Judgment is entered in favor of No Judge, Plaintiff and against Defendant(s) Dorotheia R. Hunter, Michael Wagner, II, and Alberta Wagner for damages and equitable relief to be assessed and provided at trial for failure to answer Plaintiffs Complaint. See Praecipe & Notice filed. Copies of all documents 3/6/2009 Filing: Petition Paid by: Foster, Peter B No Judge, (attorney for Wagner, Alberta) Receipt number: 0187016 Dated: 3/6/2009 Amount: $132.00 (Check) For: Gaffey, Stephanie L (defendant) Defendant Dorotheia R. Hunter, Michael No Judge, Wagner, II and Alberta Wagners' petition to Open Judgment, filed. 3/9/2009 Judge assigned to case. Clark, Lawrence F. Jr. 3/10/2009 Upon consideration of Defendants Clark, Lawrence F. Jr. Dorothea R. Hunter, Alberta Wagner and Michael Wagner, II, Petition to Open Judgment, a Rule is issued directed to Plaintiff K. Fetterhoff as to why said should not be granted. Rule returnable in twenty (20) days after service. See ORDER filed. Copies Dist By Court 3/11/09. 3/17/2009 Verification, filed. No Judge, Verification, filed. No Judge, User: AHOCK Date: 3/26/2010 Dauphin County Time: 08:34 AM Complete Case History Page 4 of 6 Case: 2008-CV-03332-EQ Paul K Fetterhoffvs.Dorotheia R Hunter, etal. Register of Actions 3/24/2009 Defendants Dorotheia R Hunter, Michael No Judge, Wagner, II and Alberta Wagner's Motion to Amend Petition to Open Judgment, filed. 3/30/2009 Plaintiffs Response to defendants, Clark, Lawrence F. Jr. Dorotheia R. Hunter, Michael Wagner II and Alberta Wagner's Petition to Open Judgment, filed 4/3/2009 Plaintiffs response to defendants, Clark, Lawrence F. Jr. Dorotheia R. Hunter, Michael Wagner 11 and Alberta Wagner's, Motion to Amend Petition to open Judgment, filed 4/29/2009 Verification, filed by defendant, Dorotheia Clark, Lawrence F. Jr. R. Hunter. 5/26/2009 Defendants Dorotheia R. Hunter, Michael No Judge, Wagner, II and Alberta Wagner's Petition to Open Judgment/Brief, filed. 6/16/2009 Hearing scheduled for (Hearing Clark, Lawrence F. Jr. 07/28/2009 02:30 PM) See ORDER filed. Copies Dist by Court 66/17/09. 6/18/2009 Plaintiffs Brief in Opposition to Clark, Lawrence F. Jr. Defendants, Dorotheia R. Hunter, Michael Wagner II, and Alberta Wagner's Petition to Open Judgment, filed 7/28/2009 Defendants Dortheia R. Hunter, Michael No Judge, Wagner, II and Alberta Wagner's Supplemental Brief in Support of their Petition to Open Judgment, filed. The Defendants' Petition to Open Clark, Lawrence F. Jr. Judgment is denied. See ORDER filed. Copies Dist by Court 7/29/09 9/8/2009 Motion to Strike Off Deeds, filed. No Judge, 9/29/2009 Affidavit of service of motion to strike off No Judge, deeds, filed. Certificate of Readiness for Pretrial Motion No Judge, filed by counsel for plaintiff(s). 10/1/2009 Motion to Strike Off Deeds APPROVED Clark, Lawrence F. Jr. BY THE COURT. See ORDER filed. Copies Dist by Court 10/1/09. 12/4/2009 Motion to Enter Monetary Judgment, filed. No Judge, 12/24/2009 Certificate of Readiness for Pretrial Motion Clark, Lawrence F. Jr. filed by counsel for plaintiff(s). User: AHOCK Date: 3/26/2010 Dauphin County Time: 08:3a AM Complete Case History Page 5 of 6 Case: 2008-CV-03332-EQ Paul K Fetterhoffvs.Dorotheia R Hunter, etal. Register of Actions 1/5/2010 Upon review of the annexed Motion for Monetary Judgment and upon the Motion to Jordan D. Cunningham, Esquire, it is hereby ORDERED Judgment is awarded in favor of Plaintiff Paul K. Fetterhoff, and against the Defendants Michael Wagner, II and Alberta Wagner in the amount of $208,813.23 together with costs and interest. It is further Ordered Judgment is awarded in favor of Plaintiff, Paul K. Fetterhoff, and against Defendants Michael Wagner, II and Alberta Wagner as Trustees for Minors, Sharlena R. Wagner and Dakota Criley in the amount of $208,813.23 together with costs and interest and against Defendant Stephanie L. Gaffey as Trustee for Minors, Sharlena R. Wagner and Dakota Criley in the amount of $1.00 together with costs and interest. See ORDER filed. Copies Dist by Court 1/6/10 Judgment Order date 03/20/2008 Comment: Plaintiff: Defendant: Judgment Order date 02/24/2009 Comment: Plaintiff: Defendant: Judgment Order date Clark, Lawrence F. Jr. User: AHOCK In Favor Of Disposition Judgment Plaintiff 03/20/2008 Open Lis Pendens Lis Pendens is entered against the Property known as 1461 Pheasant Hill Road, Middle Paxton Township Dauphin County, PA - tax parcel identification number:43-011-076. Fetterhoff, Paul K Gaffey, Stephanie L Hunter, Dorotheia R Wagner, Alberta Wagner, Michael II In Favor Of Plaintiff Fetterhoff, Paul K Hunter, Dorotheia R Wagner, Alberta Wagner, Michael II In Favor Of 01/05/2010 Plaintiff Comment: 208813.23 Disposition Judgment 02/24/2009 Open Default Disposition Judgment 01/05/2010 Open Judgment/Order Plaintiff: Fetterhoff, Paul K Defendant: Wagner, Alberta Wagner, Michael 11 Date: 3/26/2010 Dauphin County User: AHOCK Time: 08:3 AIVI Complete Case History Page 6 of 6 Case: 2008-CV-03332-EQ Paul K Fetterhoffvs.Dorotheia R Hunter, etal. Judgment Order date In Favor Of Disposition 01/05/2010 Plaintiff 01/05/2010 Open Comment: 1.00 Plaintiff: Fetterhoff, Paul K Defendant: Gaff Stephanie L ` MAR2 62010 +? 1 hereby certify that th foffgoing is a tru"nd carrect copy if th priminal filed. Judgment Judgment/Order i? PAUL K. FETTERHOFF Plaintiff V. DOROTHEIA R. HUNTER; and MICHAEL WAGNER, II; ALBERTA WAGNER; and STEPHANIE L. GAFFEY, individually and MICHAEL WAGNER, II; ALBERTA WAGNER and STEPHANIE L. GAFFEY, as Trustees for Minors Sharlenes R. Wagner and Dakota Criley, Defendants ?.b w.:MxS IN TuE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2008-CV-3332-EQ CIVIL ACTION - EQUITY ORDER ..? AND NOW, this " `day of J&lv o9-(? upon review of the annexed Motion for Monetary Judgment and upon the Motion of Jordan D. Cunningham, ?a r+ W cs rA Esquire, it is hereby Ordered Judgment is awarded in favor of Plaintiff, Paul K. Fetterhoff, and against the Defendants Michael Wagner, II and Alberta Wagner in the amount of $208,813.23 together with costs and interest. It is further Ordered Judgment is awarded in favor of Plaintiff, Paul K. Fetterhoff, and ' • J ,4. #"I- against Defendants Michael Wagner, II and Alberta Wagner as Trustees for Minors, Sharlena R. Wagner and Dakota Criley in the amount of $208,813.23 together with costs and interest and against Defendant Stephanie L. Gaffey as Trustee for Minors, Sharlena R. Wagner and Dakota Criley in the amount of $1.00 together with costs and interest. NAR2 X2010 !..r?` ?% a:r?i¢ ' o 'oregoing is a ? ;. ": ?? 11h at tai t; L;e n , c)rrec? ,opy of the original A.f„? Distribution: , For Plaintiff: Jordan D. Cunningham, Esquire, Cunningham & Chernicoff, P.C., 2320 North Second Street, Harrisburg, PA 17110 For Defendants Dorotheia R. Hunter, Michael Wagner, 11, and Alberta Wagner: Peter B. Foster, Esquire, Pinskey & Foster, 114 South Street, Harrisburg, PA 17101 For Defendant Stephanie L. Gaffey, pro se: 204 Spruce Court, Annville, PA 17003 3ordan D. Cunningham, Esquire PA Supreme Court ID #23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-23 8-6570 Facsimile: 717-23 $-4809 Email: ~cunnin~~iam(a.cclawpc.com PAUL K. FETTERHOFF IN THE COURT OF COMMON PLEAS 1461 Pheasant Hill Road CUMBERLAND COUNTY, Dauphin, PA 17018 PENNSYLVANIA Plaintiff NO. 10-2230 v. CIVIL ACTION -EQUITY DOROTHEIA R. HUNTER; and MICHAELWAGNER, II; and ALBERTA WAGNER, individually ~ Q ~ ' and MICHAEL WAGNER, II and --,r, -.~, ~ . , _ ALBERTA WAGNER, as Trustees for ~ `~` ' ~-,-- ~ nib Minors Sharlenea R. Wagner and vaw=- ~ ~- c~ Dakota Criley, and STEPHANIE L. ~~' -~j GAFFEY, as Trustee for Minors, T~ "~ ~ ?~~~ Sharlena R. Wagner and Dakota Criley, ~ ~ ;- o ~r~ . Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Issue Writ of Execution in the above matter: 1. Directed to the Sheriff of Cumberland County; 2. Against Michaeal Wagner, II and Alberta Wagner, individually, and Michael Wagner, II, Alberta Wagner, and Stephanie L. Gaffey as Trustees for Minors, Sharlena R. Wagner and Dakota Criley. 3. And enter this Writ in the Judgment Index against Defendants, Michael Wagner, II and Alberta Wagner, individually, and Michael Wagner, II, Alberta Wagner, and Stephanie L. Gaffey, as Trustees for Minors, Sharlena R. Wagner and Dakota Criley. 4. Amount Due: $ 208,813.23 Continuing Interest from January 1, 2010 at a rate of six percent per annum ($34.33 per diem) (140 days) $ 4,805.56 Costs: $ 1,500.00 TOTAL: $ 215,118.79 Respectfully submitted, CUNNINC~kI~ &~C~RNICOFF, P.C. Date: Z !~ By: ~o `i~ingham, Esquire . #23 44 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 (Attorneys for Plainti, f,~ F:\Home\AHEWITT\DOCS\D-F\FETTERHO\HiJNTER, DOROTHEIA\PRAECIPEtyrit execution 052410.wpd X9.2 . S'C~ - easf . ~. ~Q. Uc~ - ~` ~ ` ~.s~ ,~ ~~ `~ ~YS .QO - ~, , ~ ~.~. ~~ e~ ~- rc~ ~~ ~ ~Y3~3 ,, , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-2230 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PAUL K. FETTERHOFF, Plaintiff (s) From DOROTHEIA R. HUNTER; AND MICHAEL WAGNER, II; AND ALBERTA WAGNER, INDIVIDUALLY AND MICHAEL WAGNER, II AND ALBERTA WAGNER AS TRUSTEES FOR MINORS SHARLENEA R. WAGNER AND DAKOTA CRILEY, AND STEPHANIE L. GAFFEY, AS TRUSTEE FOR MINORS, SHARLENA R. WAGNER AND DAKOTA CRILEY (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 $208,813.23 L.L. $.50 Interest CONTINUING INTEREST FROM 1/1/10 AT A RATE OF SIX PERCENT PER ANNUM ($34.33 PER DIEM) (140 DAYS) -- $4,805.56 Atty's Comm Due Prothy $3.00 Atty Paid $348.00 Plaintiff Paid Date: JUNE 4, 2010 ($eai) REC~UESfiING )?ARTY: Name :IORDAN D. CUNNINGHAM, ESQ. Address: CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 Attorney for: PLAINTIFF Other Costs David D. Buell, Proth notary By: Deputy Telephone: 717-238-6570 H PAUL K. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Plaintiff v. DOROTHEIA R. HUNTER; and MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, 5harlena R. Wagner and Dakota Criley, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 n C; ; ` ~ ~ m -. ~ -~ e ; ; ~ ~ C C'a c-` t .-- _ ~ c _ ,.,. -~ . "~ ,~'7 Paul K. Fetterhoff, Plaintiff, in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 42 Altoona Avenue, Eno1a, Pennsylvania: ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with the survey and plan prepared by Roy M. H. Benjamin, Registered Engineer, of Harrisburg, Pennsylvania, dated August 18, 1965 as follows, to wit: Jordan D. Cunningham, Esquire PA Supreme Court ID #23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-23 8-6 S 70 Facsimile: 717-23 8-4809 Email: lcunningham(u~cclawpc.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION -EQUITY t, 1. 2 BEGINNING at a point on the eastern line of Altoona Avenue, said point being seventy (70) feet in a southerly direction from the southeast corner of the intersection of Altoona Avenue and Perry Street; thence North 79 degrees 40 minutes East, One Hundred Twenty-Five (125) feet to a point; thence South 10 degrees 20 minutes East, Fifty (50) feet to a point; thence through the center of a partition wall separating the premises No. 40 and No. 42 Altoona Avenue, South 79 degrees 40 minutes West, One Hundred Twenty- Five (125) feet to a point on the eastern line of Altoona Avenue; thence along the eastern line of Altoona Avenue, North 10 degrees 20 minutes West, Fifty (50) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame semi-detached dwelling house known and numbered as No. 42 Altoona Avenue, Enola, Pennsylvania. Name and address of the owners: Defendant Michael Wagner, II 42 Altoona Avenue Enola, PA 17025-2501 Defendant Alberta Wagner 42 Altoona Avenue Enola, PA 17025-2501 Defendant Stephanie L. Gaffey 204 Spruce Court Annville, PA 17003 Collectively as the Trustees of Minors Sharlena R. Wagner and Dakota Criley. Names and Addresses of Defendants in the Judgment: Defendant Michael Wagner, II 42 Altoona Avenue Enola, PA 17025-2501 Defendant Alberta Wagner 42 Altoona Avenue Enola, PA 17025-2501 As Individuals. Defendant Michael Wagner, II 42 Altoona Avenue Enola, PA 17025-2501 Defendant Alberta Wagner 42 Altoona Avenue Enola, PA 17025-2501 Defendant Stephanie L. Gaffey 204 Spruce Court Annville, PA 17003 Collectively as the Trustees of Minors Sharlena R. Wagner and Dakota Criley. 3. Names and Addresses of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Names and Addresses of last recorder of every mortgage of records: None. 5. Names and Addresses of every other person who has any record lien on the property: None. 6. Names and Addresses of every other person who has any record interest in the property and whose interests maybe effected by the sale: None other than the parties to this action. 7. Names and Addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property that maybe effected by the sale: None other than the parties hereto. 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 related to unsworn falsifications to authorities. Date: '~ Paul K. Fetterhoff, Plaintiff a~ PAUL I{. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Plaintiff v. MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION -EQUITY c~ ~ ._ -; a . ~ ~ ~ --~ ,: ~ ;,~ ; „ _ J~ ~ I 1 L. 7 • ~.~ . f ~; c;~ ~ ~- r.-. ~_. _ ~, '~-' ~ z • m NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL WAGNER, II and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFNEY, as Trustee for Minors Sharlena R. Wagner and Dakota Criley 42 ALTOONA AVENUE ENOLA, PENNSYLVANIA 17025 Your house (real estate) at 42 Altoona Avenue, Enola, Pennsylvania 17025 is scheduled to be sold at the Sheriff s Sale on September 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of 5208.813.23 obtained by PAUL FETTERHOFF (the Plaintif fl against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. 3129.3. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the Plaintiff the amount of the judgment, costs, interest and reasonable attorney's fees due. To find out how much you must pay, you may call: 717-260-3527. 2. You maybe 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. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU RAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the highest bidder by calling 717-260-3527. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed 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 cal1717-260-3527. 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 have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in this office. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exception (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN lot or pazcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a survey and plan prepazed by Roy M.H. Benjamin, Registered Engineer, of Harrisburg, Pennsylvania, dated August 18, 1965, as follows, to wit: BEGINNING at a point on the eastern line of Altoona Avenue, said point being seventy (70) feet in a southerly direction from the southeast corner of the intersection of Altoona Avenue and Perry Street; thence North 79 degrees 40 minutes East, one-hundred and twenty-five (125) feet to a point; thence South ten (10) degrees 20 minutes East, Fifty (50) feet to a point; thence through the center of a partition wall sepazating the premises No. 40 and No. 42 Altoona Avenue, South 79 degrees 40 minutes West, One Hundred Twenty Five (125) feet to a point on the eastern line of Altoona Avenue; thence along the eastern line of Altoona Avenue, North 10 degrees 20 minutes West, Fifty (50) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame semi-detached dwelling house known and numbered as 42 Altoona Avenue, Enola, Pennsylvania. JORDAN D. CUNNINGHAM, ESQUIRE Judgment Amount: $208,813.23 ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with the survey and plan prepared by Roy M. H. Benjamin, Registered Engineer, of Harrisburg, Pennsylvania, dated August 18, 1965 as follows, to wit: BEGINNING at a point on the eastern line of Altoona Avenue, said point being seventy (70) feet in a southerly direction from the southeast corner of the intersection of Altoona Avenue and Perry Street; thence North 79 degrees 40 minutes East, One Hundred Twenty-Five (125) feet to a point; thence South 10 degrees 20 minutes East, Fifty (50) feet to a point; thence through the center of a partition wall separating the premises No. 40 and No. 42 Altoona Avenue, South 79 degrees 40 minutes West, One Hundred Twenty-Five (125) feet to a point on the eastern line of Altoona Avenue; thence along the eastern line of Altoona Avenue, North 10 degrees 20 minutes West, Fifty (50) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame semi-detached dwelling house known and numbered as No. 42 Altoona Avenue, Enola, Pennsylvania. SEIZED AND SOLD as the property of Dorotheia under Judgment Number 2010-CV-2330. ~ °/ ~ , PAUL K. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Plaintiff v. MICHAEL WAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Defendants JUL 3 0 2010 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION -EQUITY ~_1 r-~ ~.. C _`~T ~ ._.. ~ rte; ~a _ ... ' ~ . - o ,. ~ z ORDER NOW THIS ~ day of G , 2010, in consideration of Plaintiff's Motion For Service of Notice of Sale of Real Property by Sheriff s Posting, it is hereby ordered that service upon Defendant Alberta Wagner maybe made by the Cumberland County Sheriff's Department's posting of a copy of the Notice on a conspicuous place on the real property located at 42 Altoona Avenue, Enola, Cumberland County, PA 17025. Distribution List: .Jordan D. Cunningham, 2320 North Second St., Harrisburg, Pennsylvania 17110 Cumberland County Sheriff s Department, Attn: Claudia Brewbaker ' a~~c~ !,v't~-: E l ~~Y ~~.~~ I ~~a, j rd `~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY 117 Ronny R. Anderson , Sheriff Jody S Smith Chief Deouty Richard VV Stewart Solicitor Paul K. Fetterhoff vs. Dorotheia R Hunter (et al.) Case Number 2010-2230 SHERIFF'S RETURN OF SERVICE 06/14/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stephanie L. Gaffey as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, but was unable to locate her in his bailiwick. He therefore deputized the Sherifi of Lebanon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 06/26/2010 Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 1239 hours', she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of DorotheiaR. Hunter, Michael Wagner, II, Albert Wagner, and Stephanie L. Gaffney, located at, 42 Altoona Avenue, Enola, Cumberland County, Pennsylvania accordinc to law. 06/28/2010 07:16 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael Wagner, II, as Trustee for Minors Sharlena Wagner and Dakota Criley, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Michael Wagner, ll, as Trustee for Minors Sharlena Wagner and Dakota Criley, does not reside at 42 Altoona Avenue, Enola, PA 17025 06/28/2010 07:16 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alberta Wagner, as Trustee for Minors Sharlena 'Wagner and Dakota Criley, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Alberta Wagner, as Trustee for Minors' Sharlena Wagner and Dakota Criley, does not reside at 42 Altoona Avenue, Enola, PA 17025 06/28/2010 07:16 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Dorotheia R. Hunter, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Dorotheia R. Hunter, does not reside at 42 Altoona Avenue, Enola, PA 17025. 06/28/2010 07:16 PM Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael Wagner, II, but was unable to locate him in his bailiwick. Fie therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Michael Wagner, II, does not reside at 42 Altoona Avenue, Enola, PA 17025 06/28/2010 07:16 PM Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alberta Wagner, but was unable to locate her in his bailiwick.' He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Alberta Wagner, does not reside at 42 Altoona Avenue, Enola, PA 17025 07/0112010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alberta Wagner, as Trustee for Minors Sharlena Wagner and Dakota Criley but was unable to locate her in his bailiwick. He therefore deputized the Sherifi of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. ,c Gou -Suitc Sh e? f, Te ecso t, i, c. 07/01/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael Wagner, II, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 07/01/21010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Dorotheia R. Hunter, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 07101/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael Wagner, 11, as Trustee for Minors Sharlena Wagner and Dakota Criley, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 07/27/2010 York County Return and now the, 8th day of July 2010, served the within Real Estate Writ, Notice of Sale and Description upon Michael Wagner, II, as Trustee for Minors Sharlena Wagner and Dakota Criley, the defendant, by making known unto Michael Wagner, II, as Trustee for Minors Sharlena Wagner and Dakota Criley, personally, at 152 Meadowbrook Court, New Cumberland, Pennsylvania its contents and al the same time handing to h;im a true and correct copy of the same. So Answers: Brett Newcomer, Deputy Sheriff of York County, Pennsylvania. 07/27/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alberta Wagner, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 07/27/2010 York County Return and now the, 19th day of July 2010, did not serve the within Real Estate Writ, Notice of Sale and Description upon Alberta Wagner, per Michael Wagner, II, the defendant, has never resided at address given of: 152 Meadowbrook Court, New Cumberland Pennsylvania, believed to be in Georgia. So Answers: Richard P. Keuerleber Sheriff of York County, Pennsylvania. 07127/2010 York County Return and now the, 19th day of July 2010, did not serve the within Real Estate Writ, Notice of Sale and Description upon Dorotheia R. Hunter, the defendant, is not known by post office at address given of: 152 Meadowbrook Court, New Cumberland Pennsylvania. So Answers: Richard P.'Keuerleber Sheriff of York County, Pennsylvania. 07/27/2010 York County Return and now the, 8th day of July 2010, served the within Real Estate Writ, Notice of Sale and Description upon Michael Wagner, II, the defendant, by making known unto Michael Wagner, ll, personally, at 152 Meadowbrook Court, New Cumberland, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Brett Newcomer, Deputy Sheriff of York County, Pennsylvania. 07/27/2010 York County Return and now the, 19th day of July 2010, did not serve the within Real Estate Writ, Notice of Sale and Description upon Alberta Wagner,as Trustee for Minors Sharlena Wagner and Dakota Criley, per Michael Wagner, II, the defendant, has never resided at address given of: 152 Meadowbrook Court, New Cumberland Pennsylvania, believed to be in Georgia. So Answers: Richard P. Keuerleber Sheriff of York County, Pennsylvania. 0 7/2 7/2 0 11 0 Lebanon County Return and now the, 9th day of July 2010, at 7:52 am hrs served the within Real Estate Writ, Notice of Sale and Description upon Stepanie L. Gaffey, As Trustee for Minors, Sharlena R. Wagner and Dakota Criley, the defendant, by making known unto Stepanie L. Gaffey, personally, at 204 Spruce Court, Annville, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: William Mohl, Deputy Sheriff of Lebanon County, Pennsylvania. 08/03/2010 Order of Court received this date, for service on Albert Wagner, by posting property located at: 42 Altoona Ave, Enola, PA, 17025. cab 08/04/2010 02:00 PM Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 8/4/10 at 1400 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description; for service of defendant Pursuant to Court Order, in the above entitled action, upon the property of Alberta Wagner, 'located at, 42 Altoona Avenue, Enola, Cumberland County, Pennsylvania according to law. 08/04/2010 02:00 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 8/4110 at 1400 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, for service of defendant Pursuant to Court Order, in the above entitled action, upon the property of Alberta Wagner, as Trustee for Minors Sharlena Wagner and Dakota Criley, located at, 42 Altoona Avenue, Enola, Cumberland County, Pennsylvania according to law. c t ui°v ort. !+ 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 Jordon Cunningham on behalf of Paul Fetterhoff, 1461 Pheasant Hill Road, Dauphin, PA 17018, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 926.61 SHERIFF COST: $926.61 October, 28, 2010 SO ANSWERS, RONW R ANDERSON, SHERIFF -3 vo /0"I. ,-k-4 ? 91,9 a Jordan D. Cunningham, Esquire PA Supreme Court ID #23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: jcunninp-ham(@cclayme.com PAUL K. FETTERHOFF 1.461 Pheasant Hill Road Dauphin, PA 17018 Plaintiff V. DOROTHEIA R. HUNTER; and MICHAELWAGNER, II; and ?-A.LBERTA WAGNER, individually Y and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and-S""I'EPHANIE L. GAFFEY, as Trustee for Minors, Slharlena R. Wagner and Dakota Criley, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION - EQUITY AFFIDAVIT PURSUANT TO RULE 3129.1 Paul K. Fetterhoff, Plaintiff, in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 42 Altoona Avenue, Enola, Pennsylvania: ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with the survey and plan prepared by Roy M. H. Benjamin, Registered Engineer, of Harrisburg, Pennsylvania, dated August 18, 1965 as follows, to wit: BEGINNING at a point on the eastern line of Altoona Avenue, said point being seventy (70) feet in a southerly direction from the southeast corner of the intersection of Altoona Avenue and Perry Street; thence North 79 degrees 40 minutes East, One Hundred Twenty-Five (125) feet to a point; thence South 10 degrees 20 minutes East, Fifty (50) feet to a point; thence through the center of a partition wall separating the premises No. 40 and No. 42 Altoona Avenue, South 79 degrees 40 minutes West, One Hundred Twenty- Five (125) feet to a point on the eastern line of Altoona Avenue; thence along the eastern line of Altoona Avenue, North 10 degrees 20 minutes West, Fifty (50) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame semi-detached dwelling house known and numbered as No. 42 Altoona Avenue, Enola, Pennsylvania. 1. Name and address of the owners: Defendant Michael Wagner, II 42 Altoona Avenue Enola, PA 17025-2501 Defendant Alberta Wagner 42 Altoona Avenue Enola, PA 17025-2501 Defendant Stephanie L. Gaffey 204 Spruce Court Annville, PA 17003 Collectively as the Trustees of Minors Sharlena R. Wagner and Dakota Criley. 2. Names and Addresses of Defendants in the Judgment: Defendant Michael Wagner, Ii 42 Altoona Avenue Enola, PA 17025-2501 Defendant Alberta Wagner 42 Altoona Avenue Enola, PA 17025-2501 As Individuals. Defendant Michael Wagner, II Defendant Alberta Wagner 42 Altoona Avenue 42 Altoona Avenue Enola, PA 17025-2501 Enola, PA 17025-2501 s r Defendant Stephanie L. Gaffey 204 Spruce Court A.nnville, PA. 17003 Collectively as the Trustees of Minors Sharlena R. Wagner and Dakota Criley. 3. Names and Addresses of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Names and Addresses of last recorder of every mortgage of records: None. 5. Names and Addresses of every other person who has any record lien on the property: None. 6. Names and Addresses of every other person who has any record interest in the property and whose interests may be effected by the sale: None other than the parties to this action. 7. Names and Addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property that may be effected by the sale: None other than the parties hereto. 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 related to unworn falsifications to authorities. Date: Paul K. Fetterhoff, Plaintiff PAUL K. FETTERHOFFF . 1461 Pheasant Hill Road : Dauphin, PA 17018 , Plaintiff , V. , MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY,, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION - EQUITY Qo c o+k'e,?-O , ?, )4L4A QC TO: MICHAEL WAGNER, II and ALBERTA WAGNER, individually and MICHAEL, WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFNEY, as Trustee for Minors Sharlena R. Wagner and Dakota Crey 42 ALTOONA AVENUE ENOLA, PENNSYLVANIA 17025 Your house (real estate) at 42 Altoona Avenue, Enola, Pennsylvania 17025 is scheduled to be sold at the Sheriff's Sale on September 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $208.813.23 obtained by PAUL FETTERHOFF (the Plaintiff) against you. In the event the sale is continued; an announcement will be made at said sale in compliance with Pa.R.C.P. 3129.3. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I The sale will be cancelled if you pay to the Plaintiff the amount of the judgment, costs, interest and reasonable attorney's fees due. To find out how much you must pay, you may call: 717-260-3527. 2. You maybe 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. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the highest bidder by calling 717-260-3527. 2. You maybe able to petition the Court to set aside the sale if the bid 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 717-260-3527. 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 have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in this office. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exception (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed' schedule. 7. You may also have other rights and defenses, or ways of getting your home 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. CUMBERLAND COUNTY BAR .ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a survey and plan prepared by Roy M.H. Benjamin, Registered Engineer, of Harrisburg, Pennsylvania, dated August 18, 1965, as follows, to wit: BEGINNING at a point on the eastern line of Altoona Avenue, said point being seventy (70) feet in a southerly direction from the southeast corner of the intersection of Altoona Avenue and Perry Street; thence North 79 degrees 40 minutes East, one-hundred and twenty-five (125) feet to a point; thence South ten (10) degrees 20 minutes East, Fifty (50) feet to a point; thence through the center of a partition wall separating the premises No. 40 and No. 42 Altoona Avenue, South 79 degrees 40 minutes West, One Hundred Twenty Five (125) feet to 'a point on the eastern line of Altoona Avenue; thence along the eastern line of Altoona Avenue, North 10 degrees 20 minutes West, Fifty (50) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame semi-detached dwelling house known and numbered as 42 Altoona Avenue, Enola, Pennsylvania. WRIT OF EXECUTION and/or ATTACHMENT CO'1v1MIDNWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-2230 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PAUL K. FETTERHOFF, Plaintiff (s) From DOROTHEIA R. HUNTER; AND MICHAEL WAGNER, IVAND ALBERTA WAGNER, INDIVIDUALLY AND MICHAEL WAGNER, II AND ALBERTA WAGNER AS TRUSTEES FOR MINORS SHARLENEA R. WAGNER AND DAKOTA CRILEY, AND STEPHANIE L. GAFFEY, AS TRUSTEE FOR MINORS, SHARLENA R. WAGNER AND DAKOTA CRILEY (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 $208,813.23 L.L. $.50 Interest CONTINUING INTEREST FROM 1/1/10 AT A RATE OF SIX PERCENT PER ANNUM (534.33 PER DIEM) (140 DAYS) -- $4,805.56 Atty's Comm % Atty Paid $348.00 Plaintiff Paid Date: JUNE 4, 2010 (S" al)._ REQUESTING PARTY: Name JORDAN 1). CUNNINGHAM, ESQ. Address: CU.NNINGHAM c& CHERNICOFF, P.C. 2320 NORTH SECOND STREET Due Prothy $3.00 Other Costs e 1, rot onotary By; Deputy HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-238-6570 On June 14, 2010 the 133beHl r levied upon the defendant's interest in the real property situated in East Pennsboro 'township, Cumberland County, PA, Known and numbered as, 42 Altoona Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By. Real state PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, alegal 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. 6s?arie Coyne, E"t SWORN TO AND SUBSCRIBED before me this 0 day of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ No. 2010-2230 Civic Paul ... F f e>fi.o" y s. Dorothe;.a R hrsr:_cer Michael -Wagner, 11 Aibcrta Wagner Micheal Wagner, II as Trustee fo.- Minors Sh _ lena Wagner and Dakota Criley Alberta Wagnc. as Trustee for Miners Sharlena ,.Vagncr- and Dakota Cmey Stephar_-e L r3afin ., as Trugtee for Sh .rlena Wagner ar-d Dakota Crile,, Atty.: Jo,dan Cumninghsrr ALL THAT CERTAI,lot or parcel of land situate in the ` nvns;hip of East Pe--.n-sbo_rj, Courry of Cumber- land and Commorn ealth, cf Penn- sylvarma, bounded and described in aecordan,?e with the survey and, plan prepared b% Ro M, H. Beniamin, Reg'.sterec Engineer, Of l-I rvisl'-)urg, PennEylvania, date a gust i_8; 196:a as .follows. to wit, aEGINN N . at a thct cacst- ern line ofAltoona A-;entie, c a.d point being seventy (70i foot z- 7 snug herip direction from the sou-heast cornet of the intersec?ion of Altoona fl.venue and Perry Street; thence North 79 degrees 40 rain uses Fast; One Hun- dred Tv,enf F' ve (125j feet to a point; thence Soon. 10 degrees 20 m.,nutes East, . r,'r:r?v (501 feet to a poit,,r, thence through the center cf a. partition wall separating the premises No- 40 and No 42 Altoona Avr,nue, South 79 degrees 40 minutes West. One Hundred Ttlenty-Five 125; =et to c_ point on the eaattno line m Altwina Avenue; thence along the eastern-ine of Altoona Avenue; North 10 degrees 20 -minutes West, Fifty (50) feet to a point, the place of BEGINNING' HAVING THEREON FRFCTED a tw(and one-half store "Tarae semi- detached dwelling house known and unvDered as ho. 42 Altoona AvtnU" Eriola. pennsylvan.ia SEIZED AND SOLD the proF- erty of Dorothera under Judgment Ntir_-A er 20-0-CtiT-2330. -Pie Patriot-News Co. ..- . ,120 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFF=S OFFICE CUMBERLAND COUNTY COURT HOUSE This ad ran on the date(s) shown bellow: 07109/10 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 '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 3.17. PUBLICATION COPY ......... .. Sworn to angel dbscribed before Notary Public t4f Patr1*0t'WX(W5 Now you know 07116/10 07/23110 ay of August, 2010 A.D. COMMONWEALTH OF PENNSYLVANL4 Notarial , NO Sherrie L. KiSrter, NoWy public Lower Paxton Twp„ Dauphin County qty ommission Expires Nov. 26, 2011 Memo Pen sy9w ?, ,svcl do oP Notaries .. Writ No. 2010-2230 Civil Tenn Paul K. Fetterhoff Vs Dorotheia R Hunter Michael Wagner, 11 Alberta Wagner Micheal Wagner, 11 as Trustee for Minors Sharlena Wagner and Dakota Criley Alberta Wagner as Trustee for Minors Sharlena Wagner and Dakota Criley Stephanie L Gaffney as Trustee for Minors Sharlena Wagner and Dakota Criley Atty: Jordan Cunningham ';LL THAT CERTAIN 1W or parcel Of land 4 ate in tfie lov-aship of East Pcnnshoro, "'otmty of ('nmberland anti Commonvves(th PeMSyhania. hounded and d+ ,Ijbeain otdat,ce with the nuvo-y and plat ptepare(I by Rov Mr H. Benjamin. Registered Engineer, 01 Hui;isbud,,, Penmylvaia, dated August 18. I )UJ as I0?(, v: t0 W,{t: - BEGINNING at a point on lire eastern line of 1?toona Avenue, said point neing setenty (70; eet in a ,n he h lircciiou from the voulheast mtccnif 1110 mlustctioit o, ytoonaAve-mte and v SLeaC thence North 79 de?arees dD ntinuten rest, One h?undred Twat%Tive (125! feet to a ontt thence Sough 1b Iegre 20 tmnutes bias. ?irv (i0i feel to a point: thence throuTh the ntei aF a partition wall sepa ating tae ptenu;es r1 ar)d No. 42 Altoona 9veuuc, South 70 c ess 4S) minutes 1?'tast, One Hua(ltnd lw nt)-- Tthe (11?) feet to a point on the eastern line of Altoona Avenue; thence Along the eastern line of 1lwona Avenue, Nonh 10 degrees 3(1 m nutes bwt, Fifty ?SOj feet to a point, the place of 1tEUI?3NL?iG. i.1VENG THEREON ERECTED a two and one- ?ali ,t?trv Name semi-detached dwclliug hotie aolbr :tnd numbered as No. 42 Ahoona Av-cnue, - nola. Pennsvleania. SEIZEDANDSOLDit tdwprovnyofDorotheia under 1ud,menl Minber 2010-CV-2330 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Paul Fetterhoff 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 4th day of June, A.D., 2010, out of the Count of Common Pleas of said County as of Civil Term, 10 Number 2230, at the suit of Paul K Fetterhoff against Dorotheia R Hunter, Michael Wagner II, Alberta Wagner, Sharlenea R Wagner, Tr & Dakota Criley TT is duly recorded as Instrument Number 201032783. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1( day of A.D. d 1 ?-- Rec r 6 der of Deeds ?eeo?eerdtfeed?.C?bedmtdtC?IN1?.11? PAUL K. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Petitioner V. MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Respondents U) r- -<3_ ys i% a-") -n rn 0 m SCHEDULING ORDER AND NOW, this day of;_!c O U./ , 2011, upon consideration of the within Petition of Plaintiff, the Court fixes the 1A, of OX , 2011 at 1 : 30 4.m?as the time and place for a hearing on the Petition. Plaintiff shall serve the tom-) ?rn E`er ?i rn persons listed in paragraph r7 of the Petition with a copy of the Petition and this Order at least ten (10) days prior to the hearing. V/ ?*- 9A-y ?' MiOhA.el h??.. W ner ? Alberta IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION - EQUITY By the Court: J. ai? M ??? 10/111" Ca/ ?os PAUL K. FETTERHOFF IN THE COURT OF COMMON PLEAS 1461 Pheasant Hill Road CUMBERLAND COUNTY, Dauphin, PA 17018 PENNSYLVANIA Petitioner NO. 10-2230 V. CIVIL ACTION - EQUITY . MICHAELWAGNER, II; and C) ALBERTA WAGNER, individually and MICHAEL WAGNER, II and r1l -a rn ALBERTA WAGNER, as Trustees for s Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. n GAFFEY, as Trustee for Minors, c,a rl, Sharlena R. Wagner and Dakota Criley, ?- Respondents PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Please filed the attached copy of correspondence as Proof of Service in the above matter indicating service of Defendants Michael Wagner, II and Alberta Wagner, Individually and as Trustees for Minors Sharlenea R. Wagner and Dakota Criley; and Defendant Shephanie L. Gaffey as Trustee for Minors, Sharlenea R. Wagner and Dakota Criley with a time stamped copy of Plaintiff's Petition to Fix Fair Market Value of Real Property in this matter on February 7, 2011 and with a copy of the February 9, 2011 Scheduling Order setting April 12, 2011, beginning at 1:30 p.m., in Courtroom No. 5 of the Cumberland County Courthouse as the time and place for hearing on the Petition on February 16, 2011. Respectfully submitted, CLJXNIN,6HAM & CHERNICOFF, P.C. Dated: AA, i By: J an ingham, Esquire A Supr me Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone : 717-238-6570 Attorneys for Plaintiff F.\Home\A.HEWITIIDOCSID-F\FETTERHO\HUNTER, DOROTHEIATUMBERLAND CO ENOLA PROPERTY\Praecipe proof of service 02211 1-pd Jordan D. Cunningham Robert E. Chernicoff Marc W. Witzig Bruce J. Warshawsky Tracy L. Updike Nicholas A. Fanelli CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PA 1 71 06-045 7 Hershey Telephone (717)534-2833 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 Telephone: (717)238-6570 FAX (717)238-4809 February 16, 2011 Michael Wagner, II 42 Altoona Boulevard Enola, PA 17025 Stephanie Gaffey 204 Spruce Sourt Annville, PA 17023 Alberta Wagner 152 Meadow Brook Court New Cumberland, PA 17070 Re: Paul Fetterhoff v Wagner, II, et. Al Cumberland County Court of Common Pleas Docket No. 10-2230 Our File No. 404608 Dear Mr. Wagner, Ms. Wagner, and Ms. Gaffey: Enclosed is a copy of the February 9, 2011 Order entered in the above captioned matter. As you will note, a hearing will be held in this matter on April 12, 2011, beginning at 1:30 p.m., in Courtroom No. 5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. If you have any questions, please contact your attorney. F, P.C. JDC/alh enclosure cc: Paul Fetterhoff F:\HomeWHEWITT\DOCS\D-F\FETTERHO\HUNTER, DOROTHEIA\CUMBERLAND CO ENOLA PROPERTY\L021611 service Defendants.wpd PAUL K. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Petitioner V. MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION - EQUITY c OX U) cnr-- ? 3-- c: :M C:) rn 00 O S:10 r? c? Mr- -Qr-n :)0o S -n C )-n M C3 C-_ SCHEDULING ORDER AND NOW, this day of r a/ , 2011, upon consideration of the within Petition of Plaintiff, the Court fixes the 0 ay of 4j .2011 at ,M -& _ 5 :30 -.m,,as the time and place for a hearing on the Petition. Plaintiff shall serve the persons listed in paragraph r7 of the Petition with a copy of the Petition and this Order at least ten (10) days prior to the hearing. ?g?- ie Ga'-?ey t" "Jordan I: C unni ha..m , ? M ichae) ner7 ? I W a ner Q beria 8 By the Court: J. Jordan D. Cunningham Robert E. Chernicoff Marc W. Witzig Bruce J. Warshawsky Tracy L. Updike Nicholas A. Fanelli CUNNINGHAM & CHERNICOFF, P.C. Hershey Telephone ATTORNEYS AT LAW (717)534-2833 P.O. BOX 60457 Street Address: HARRISBURG, PA 17106-0457 2320 N. 2nd Street Harrisburg, PA 17110 Telephone: (717)238-6570 FAX (717)238-4809 February 7, 2011 Michael Wagner, II 42 Altoona Boulevard Enola, PA 17025 Stephanie Gaffey 204 Spruce Sourt Annville, PA 17023 Alberta Wagner 152 Meadow Brook Court New Cumberland, PA 17070 Re: Paul Fetterhoff v. Wagner, II, et. Al Cumberland County Court of Common Pleas Docket No. 10-2230 Our File No. 404608 Dear Mr. Wagner, Ms. Wagner, and Ms. Gaffey: Enclosed is a copy of the time stamped Petition to Fix Fair Market Value of Real Property filed on behalf of Mr. Fetterhoff in the above captioned matter. If you have any questions, please contact your attorney. RNICOFF, P.C. JDC/alh enclosures cc: Paul Fetterhoff F:\Home\AHEWITT\DOCS\D-F\FETTERHO\HUNTER, DOROTHEIA\CUMBERLAND CO ENOLA PROPERTY\L020711 service Defendants.wpd PAUL K. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Petitioner V. MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Respondents To the Respondents: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION - EQUITY °-7 c= v r- ? r- -+C D, • R 1 ` y CD-q NOTICE TO DEFEND You have been sued in court. The petition set forth in the following pages requests the court to determine the amount which should be credited against any liability you may have to the petitioner at an execution sale of the real property described in the petition. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. 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 claim or relief requested by the petitioner. 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 CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PAUL K. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Petitioner V. MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION - EQUITY PETITION TO FIX FAIR MARKET VALUE OF REAL PROPERTY NOW COMES, your Petitioner, Paul K. Fetterhoff, by and through his undersigned counsel, Jordan D. Cunningham and Cunningham & Chernicoff, P.C., and submits the within Petition to Fix Fair Value of Real Property as follows: 1. This Petition to Fix Fair Markey Value of Real Property (the "Petition") is filed pursuant to Section 8103(x) of the Judicial Code. 2. Petitioner, Paul K. Fetterhoff ("Petitioner" or "Fetterhoff') is a sui juris individual, with a principal address at 1461 Pheasant Hill Road, Dauphin, Dauphin County, Pennsylvania 17018. 3. On April 5, 2010, Fetterhoff transferred a judgment in the amount of $208,813.23 obtained in Dauphin County, Pennsylvania to Cumberland County, docketed to the 10-2230. 4. On June 4, 2010, Petitioner, by Writ of Execution, caused the real property of Defendants located at and known as 42 Altoona Avenue, Enola, Cumberland County, Pennsylvania (the "Property") to be exposed to the Sheriff's sale held on September 8, 2010. A fully and complete description of the more fully described as follows: LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a survey and plan prepared by Roy M.H. Benjamin, Registered Engineer, of Harrisburg, Pennsylvania, dated August 18, 1965, as follows, to wit: BEGINNING at a point on the eastern line of Altoona Avenue, said point being seventy (70) feet in a southerly direction from the southeast comer of the intersection of Altoona Avenue and Perry Street; thence North 79 degrees 40 minutes East, one-hundred and twenty-five (125) feet to a point; thence South ten (10) degrees 20 minutes East, Fifty (50) feet to a point; thence through the center of a partition wall separating the premises No. 40 and No. 42 Altoona Avenue, South 79 degrees 40 minutes West, One Hundred Twenty Five (125) feet to a point on the eastern line of Altoona Avenue; thence along the eastern line of Altoona Avenue, North 10 degrees 20 minutes West, Fifty (50) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame semi-detached dwelling house known and numbered as 42 Altoona Avenue, Enola, Pennsylvania. 5. On the date of sale, interest on the said judgment amounted to $8,032.58; and costs due the Plaintiff amounted to $2,000.00. 6. The Plaintiff was the purchaser at the Sheriff's sale, and purchased the Property for the amount of $1.00. The Certification of Sheriffs Deed a true, correct, and complete copy of which is attached hereto as Exhibit "A," was delivered on September 8, 2010, and certifies that the deed is recorded in the Office of the Recorder of Deeds for Cumberland County to Instrument Number 201032783. 7. The following named persons are the only persons known to Plaintiff (or ascertainable by Plaintiff upon reasonable inquiry) who may be directly or indirectly liable to him for the payment of the judgment debt: a.) Dorotheia Hunter, 2 b.) Michael Wagner, II, c.) Stephanie L. Gaffey, 204 Spruce Court, Annville, PA 17003 d.) Alberta Wagner, 8. The assessed value of the aforesaid property for is $149,500., as disclosed by the Tax Assessment Database, updated for calendar 2010 assessments. The property has been vacant for approximately eighteen (18) months, maintenance has been deferred, and, as a result, the property has lost value. A true, correct and complete copy of a the webpage printout from the Cumberland County Tax Database Results page, dated February 4, 2011 is attached hereto, incorporated herein, and made a part hereof as Exhibit "B." 9. The common level ratio for the current period in Cumberland County is 1.25; thus, fair market value as determined by taxing authorities is approximately $98,725.00 10. The following itemization includes prior liens, costs, taxes and municipal claims known by Plaintiff and which were not discharged by the sale: a.) Cumberland County Tax Claim Bureau - $1,200.00 b.) East Pennsboro Township, Cumberland County Real Estate Taxes - $400.00 c.) East Pennsboro School District - $600.00 3 WHEREFORE, Petitioner, Paul K. Fetterhoff, respectfully requests that the fair market value of the property be fixed at $75,000. Respectfully submitted, & CHERNICOFF, P.C. Date: By: o an D. Cunningham, Esquire I.D. #23144 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 (Attorney for Plaintiff F:' Home\.NFANELLUDlocuments\Fetterhoff. PaulTetterhoff Deficiency Judgment Documents.wpd 4 PAUL K. FETTERHOFF 1461 Pheasant Hill Road Dauphin, PA 17018 Petitioner v. MICHAELWAGNER, II; and ALBERTA WAGNER, individually and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2230 CIVIL ACTION - EQUITY VERIFICATION The undersigned verifies that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Paul Fetterhoff 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 4th day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Tenn, 10 Number 2230, at the suit of Paul K Fetterhoff against Dorotheia R Hunter Michael Wagner II Alberta Wagner Sharlenea R Wagner, Tr & Dakota Criley Tr is duly recorded as Instrument Number 201032783. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 10 W A.D. 5c0/b day of Re rder of Deeds EXHIBIT "B" TaxDB Result Details http://taxdb.ccpa.net/details.asp?id=09-14-0832-294.&dbselect=l Detailed Results for Parcel 09-14-0832-294. in the 2010 Tax Assessment Database DistrictNo 09 Parcel ID 09-14-0832-294. MapSuMX House No 42 Direction Street ALTOONA AVENUE Owned FETTERHOFF, PAUL C/O PropType R PropDesc LivArea 1609 CurLandVal 32500 CurlmpVal 117000 Cur'Tot Val 149500 CurPrefVal Acreage 14 CIG rnStat TaxEx 1 SaleAmt I SaleMo 11 Sale Da 10 SaleCe 20 SaleYr 10 DeedBkPage 201032783 YearBlt 1900 HF File-Date HIF Approval-Status 1 of 1 7.) ? 0I.. CERTIFICATE OF SERVICE I do hereby state that on the ? day of February, 2011, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Alberta Wagner 152 Meadow Brook Court New Cumberland, PA 17070 Pro Se Defendant Michael Wagner, II 42 Altoona Avenue Enola, PA 17025 Pro Se Defendant Stephanie Gaffey 204 Spruce Sourt Annville, PA 17023 Pro Se Defendant Angela L. Hewitt Legal Assistant CERTIFICATE OF SERVICE I do hereby state that on the') day of February, 2011, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Alberta Wagner 152 Meadow Brook Court New Cumberland, PA 17070 Pro Se Defendant Michael Wagner, II 42 Altoona Avenue Enola, PA 17025 Pro Se Defendant Stephanie Gaffey 204 Spruce Sourt Annville, PA 17023 Pro Se Defendant Legal Assistant FILED-OFFICE O; THE PROTH01i10Tl,,RY n, JORDAN D. CUNNINGHAM, ESQUIRE 2011 APR 12 PH 1.2 2 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET CUMBERLAND COUNTY HARRISBURG, PA 17110 P E NN S Y LYAILi I? TELEPHONE: 717-238-6570 FACSIMILE: 717-238-4809 EMAIL: JCLFNNINGHAMCa)CCLAWPC.COM PAUL K. FETTERHOFF IN THE COURT OF COMMON PLEAS Plaintiff DAt44H'I COUNTY, PENNSYLVANIA CUK;O. V. NO. 2O -CV-3332-EQ 6;W6 _ iv - zZ--3 MICHAEL WAGNER, II and ALBERTA WAGNER, Individually, and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Defendants PRAECIPE OF RETURN OF SERVICE TO THE PROTHONOTARY: Please file this Praecipe as Plaintiff's Return of Service of a time stamped copy of Plaintiff's Petition to Fix Fair Market Value of Real Property together with the Court's February 9, 2011 Scheduling Order setting April 12, 2011, beginning at 1:30 p.m., in Courtroom No. 5 of the Cumberland County Courthouse as the time and place for hearing on the Petition as follows: 1. Defendant Alberta Wagner was served at her last known address and the mail was returned by the United States Post Office as "Return to Sender, Not Deliverable as Addressed, Unable to Forward". (See Exhibit l.) 2. Defendant Michael Wagner, II was served at his last known address and the mail was returned by the United States Postal Service as "Return to Sender, Not Deliverable as Addressed, Unable to Forward". (See Exhibit 2.) 3. Defendant Stephanie L. Gaffey was served at her last known address and the mail was not returned and her receipt of the same was confirmed received by Ms. Gaffey. 4. Dorotheia Hunter was served at her last known address and the mail was returned by the United States Post Office as "Attempted, Not Known". (See Exhibit 3.) Respectfully submitted, CHERNICOFF, P.C. Dated: / z // By: an Cunningham, Esquire A Su eme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Attorneys for Plaintiff F:\HomeWHEWITT\DOCS\D-F\FETTERHO\FRJNTER, DOROTHEIA\CUNMERLAND CO ENOLA PROPERTY\Praecipe proof of service 041211 b.wpd Exhibit 1 I OVISOd sn co 01 rn v CJ ? le N E to CD ° c7 ?` X- 0 r0 H31SbIH U ? R, 0 w ? w o O ? W F~ x ? o a ? z p a z z z ? u x J if-it N W m ?1 W tlt ?. ? f O is N ,hi o R.LJ -jJ LL O a W oo h > g Wo4m 01 0 it WHO Ol x R IL OWO z° zew 3 wm h^ ae a w z # 30 +"4 t4 aw m - - Q q a a ? w F- h ' _. p q 3 = H 2 a ,n w •• .= z in r n it 0 9 ID py) 411 f-0 C.1 ?•a JAY* Exhibit 2 .3Jb1SOd Sfl D of N CD d o z o o ,a3i5dH ? o ?r 14 0 C-4 y it o aO ° , MOW c? Woe fl IL A It p Co 0 00 OWO W t Jl- r zcw ?~-+ ?` ?W Mai W 03 :)W ID rh .= o O = WHz 4 d r, a J3 a d C, p aoa=_ ?. r- E.. d p *! a= H x ?W- 4 m 6 ^V LO w ? o pZC,?-? ? d cn z ?D x U n Q ° a A. •f •t.d I'j ell Exhibit 3 _ h ? •? x a ?O c x n b z z a z a ooV OiiJ ?L• F-jH?Ltl? 3 ? La I:, Ci G:7 1 0 SUS P ,ST?;u?. e FILED-OFFICE OF THE PROTHONOTARY 201 i APR 12 PM I : 21 NNYLVIN'A JORDAN D. CUNNINGHAM, ESQUIRE CuQESPTY CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: 717-238-6570 FACSIMILE: 717-238-4809 EMAIL: ICLNNINGHAMCdccLAWPC. COM PAUL K. FETTERHOFF Plaintiff V. MICHAEL WAGNER, II and ALBERTA WAGNER, Individually, and MICHAEL WAGNER, II and ALBERTA WAGNER, as Trustees for Minors Sharlenea R. Wagner and Dakota Criley, and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley, Defendants IN THE COURT OF COMMON PLEAS D W COUNTY, PENNSYLVANIA eLuta„a NO. 2008 eV-"S--Q K)- aaso PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Please file this Praecipe as Proof of Service in the above matter indicating service of Dorotheia Hunter with a time stamped copy of Plaintiff's Petition to Fix Fair Market Value of Real Property in this matter and with a copy of the February 9, 2011 Scheduling Order setting April 12, 2011, beginning at 1:30 p.m., in Courtroom No. 5 of the Cumberland County Courthouse as the time and place for hearing on the Petition on February 21, 2011. tted, & CHERNICOFF, P.C. Dated: I ? l By: r . Cunningham, Esquire PA Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Attorneys for Plaintiff F:\IiomeWHEWITTPDOCS\D-F\FETTERHO\HUNTER, DOROTHEIA\CUMBERLAND CO ENOLA PROPERTY\Praecipe proof of service 04121 I.wpd PAUL K. FETTERHOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL WAGNER, II, and ALBERTA WAGNER, Individually, and MICHAEL: WAGNER, II, and ALBERTA WAGNER, as Trustees for Minors, Sharlenea R. Wagner and Dakota Criley,: and STEPHANIE L. GAFFEY, as Trustee for Minors, Sharlenea R. Wagner and Dakota. Criley, Defendants '*t CIVIL ACTION - EQUITY z; " "Urn to r - c? I o ^ = . t ? -~D c? C-3 NO. 10-2230 EQUITY ORDER OF COURT AND NOW, this 12th day of April, 2011, upon consideration of petitioner's petition to fix fair market value of real property, and after hearing thereon, the Court finds that the value of the property located at 42 Altoona Avenue, Enola, Cumberland County, Pennsylvania, is $45,000.00. By the Court, C ?" Albert H. Ma an J. Jordan D. Cunningham, Esquire For Plaintiff Michael Wagner, II 42 Altoona Boulevard Enola, PA 17025 Alberta Wagner 152 Meadow Brook Court Cpp New Cumberland, PA 17070 414111 V/ Stephanie Gaffey 204 Spruce Court Annville, PA 17023 prs