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HomeMy WebLinkAbout11-9218WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY' OF CUMBERLAND) NO 11-9218 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From WAGGONER HOLDINGS LP; WAGGONER HOLDINGS, LLC; WAGGONER CONSTRUCTION, INC.; and BYRON S. WAGGONER (I; 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: $928,710.71 L.L.: $.50 Interest from and following 4/29/11 -- $164.648 a day Atty's Comm: % Due Prothy: 2.25 Atty Paid: $307.75 Other Costs: Plaintif "Paid: Date: 1 24/12 --? lao David D. B ell, Prothonota (Seal) Deputy REQUESTING PA'RTY• Name: CLAYTON W. DAVIDSON, ESQUIRE Address : PitcNEE"S WALLACE & NURICK LLC 100 PINE STREET - PO BOX 1166 HARRISBURG, PA 17108-1678 Attorney; for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 79139 McNEES W.ALLACE & NURICK LLC Clayton W. Davidson Attorney I.D. No. 79139 cdavidsonLernwn.com 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Fax: 717-260-1678 Phone: 717-232-8000 Attorneys for Plaintiff Manufacturers and Traders Trust Company f2 Jai?? 24 Apt 10: r? PEP114SYI_V AIN!A MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff V. WAGGONER HOLDINGS LP, WAGGONER HOLDINGS, LLC, WAGGONER CONSTRUCTION, INC., and BYRON S. WAGGONER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 11-9218 CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (l ) Directed to the Sheriff of Cumberland County; (2 Against Waggoner Holdings LP, Waggoner Holdings, LLC, Waggoner Construction, Inc., 135 Bentz Mill Road, East Berlin, Pennsylvania, 17316 and Byron S. Waggoner, 49 Pine Ridge Road, East Berlin, Pennsylvania, 17316, Defendants; (3; Index this Writ against Waggoner Holdings LP, Waggoner Holdings, LLC, Waggoner Construction, Inc. and Byron S. Waggoner; (41 Levy on 30-40 Woodcraft Drive, Mount Holly Springs, South Middleton Township, Cumberland County, Pennsylvania; parcel no. 40-31-2187-052. A copy of the property description is attached hereto; and (5) Amount Due $928,710.71 Interest from and following April 29, 2011 $164.648 a day Costs $(to be added) CERTIFICATION I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a return of service filed of record. Date: January 23, 2012 Q') ay 7 . q 5 car A. 00 d, 5o 307. q - Pb ATW McNEES WALLACE & NURICK LLC By: Clayton W` Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (7-I7)-232-8000 cavidson r&mwn.com Attorneys for Manufacturers and Traders Trust Company $a. 025 y1?ue Q .5c) I_L MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS TRUST COMPANY, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. C 5 WAGGONER HOLDINGS LP, WAGGONER HOLDINGS, LLC, No. 11-9218 WAGGONER CONSTRUCTION, INC., and -< BYRON S. WAGGONER, , 17 Defendants CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in the Mount Holly Springs, South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 30-40 Woodcraft Drive, Mt. Holly Springs, Pennsylvania, 17065; Parcel No. 40-31-2187-052. 1. Name and address of owner: Waggoner Holdings LP 135 Bentz Mill Road East Berlin, PA 17316 2. Name and address of defendants in the judgment herein: Waggoner Holdings LP Waggoner Holdings, LLC 135 Bentz Mill Road 135 Bentz Mill Road East Berlin, PA 17316 East Berlin, PA 17316 Waggoner Construction, Inc. Byron S. Waggoner 135 Bentz Mill Road 49 Pine Ridge Road East Berlin, PA 17316 East Berlin, PA 17316 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the Property which may be affected by the sale: Cumberland County Domestic Cumberland County Tax Claim Bureau Relations Office 1 Courthouse Square 13 N. Hanover St. Old Courthouse, Room 106 P.O. Box 320 Carlisle, PA 17013 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: January 23, 2012 McNEES WALLACE & NURICK LLC By: Layton W. Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidsonr(L?mwn.com Attorneys for Manufacturers and Traders Trust Company MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WAGGONER HOLDINGS LP, WAGGONER HOLDINGS, LLC, No. 11-9218 WAGGONER CONSTRUCTION, INC., and BYRON S. WAGGONER, Defendants CIVIL ACTION - LAW NOTICE OF WRIT OF EXECUTION This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff s Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. 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 OFFI(--E 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. LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION YORK COUNTY BAR CENTER 137 EAST MARKET STREET YORK, PA 17401 (717) 854-8755 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff V. WAGGONER HOLDINGS LP, WAGGONER HOLDINGS, LLC, WAGGONER CONSTRUCTION, INC., and BYRON S. WAGGONER, Defendants IN THE COURT OF COMMON PLEAS OF CUM13ERLAND COUNTY, PENNSYLVANIA No. 11-9218 CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 To: Waggoner Holdings LP 13 5 Bentz Mill Road East Berlin, PA 17316 Waggoner Construction, Inc 135 Bentz Mill Road East Berlin, PA 17316 Manufacturers & Traders Trust Company 213 Market Street, 4th Floor Harrisburg, Pennsylvania 17101 Cumberland County Domestic Relations Office 13 N. Hanover St. P.O. Box 320 Carlisle, PA 17013 TAKE NOTICE: Waggoner Holdings, LLC 135 Bentz Mill Road East Berlin, PA 17316 Byron S. Waggoner 49 Pine Ridge Road East Berlin, PA 17316 J -? cc Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Rm 106 Carlisle, PA 17013 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday June 6, 2012 TIME: 10:00 AM rv r.? LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 any other major improvements erected on the land. (SEE DESCIZIPTION ATTACHED) THE LOCATION of your property to be sold is: All that certain piece or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 30-40 Woodcraft Drive, Mt. Holly Springs, Pennsylvania 17065; parcel no. 40-31-2187-052. THE, JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Manufacturers and 'Traders Trust Company, Case No. 11-9218 in the amount of $928,710.71, plus interest: at a rate of $164.648 per day from and following April 29, 2011, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Waggoner Holdings, i.l'. 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 of this County 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 Corrunon Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE; THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: January 23, 2012 By: -- Clayt W. D dson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax (717)-260-1678 Phone: (717)-232-8000 cdavidson?'a?mwn.com Attorneys for Manufacturers and Traders Trust Company LEGAL DESCRIPTION Tract No. t: ALL that certain tract of land situate, lying and being in South Middleton Township, Cumberland County, Pennsylvania, identified as New Tract I on a Final Minor Subdivision Plan for Lands of Waggoner Holdings, LP and Brian D. and Karen L. Weaver prepared by Akens Engineering Associates, Inc. dated October 25, 2007, bearing Job No. 311-I-S, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200810068, more fully described as follows, to wit: BEGINNING at a point in the westerly right-of-way line of Woodcraft Drive, a fifty feet wide public right-of-way at the southeastern corner of Tract 113 as shown on said plan; thence continuing along the westerly right-of-way line of Woodcraft Drive, South five (05) degrees, forty-eight (48) minutes, zero (00) seconds East, a distance of one hundred thirty-eight and seven one-hundredths (138.07) feet to a pipe at lands now or formerly of Michael A. Marheuka; thence continuing along lands now or formerly of Michael A. Marheuka, South eighty-four (84) degrees, twelve (12) minutes, zero (00) seconds West, a distance of one hundred fifty and zero one-hundredths (150.00) feet to a pipe at lands now or formerly of Tim E. Butler; thence continuing along lands now or formerly of Tim E. Butler and lands now or formerly of Brian D. and Karen L. Weaver, North six (06) degrees, forty-three (43) minutes, zero (00) seconds West, a distance of one hundred thirty-seven and sixty-two one-hundredths (137.62) feet to a point at said Tract 1 B; thence continuing along Tract 1 B, North eighty-four (84) degrees, one (01) minute, twenty-four (24) seconds East, a distance of one hundred fifty-two and twenty one-hundredths (152.20) feet to a point in the westerly right-of-way line of Woodcraft Drive, the point and place of BEGINNING. Containing 20,828 square feet or 0.48 acres. Tract No_2: ALL that certain tract of land situate, lying and being in South Middleton Township, Cumberland County, Pennsylvania, identified as New Tract 2 (composed of Lot 1 A, Lot 1 B, Existing Tract 3. Existing Tract 2 and Existing Tract 1 A) on a Final Minor Subdivision Plan for Lands of Waggoner Holdings, LP and Brian D. and Karen L. Weaver prepared by Akens Engineering Associates. Inc. dated October 25 2007, bearing Job No. 311-1-S, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200810068, more fully described as follows, to wit: BEGINNING at a point in the westerly right-of-way line of Woodcraft Drive, a fifty feet wide public right-of-way, and a corner of lands now or formerly of Ted R. and Kathryn M. Shover; thence continuing along the said westerly right-of-way line of Woodcraft Drive, the following two courses and distances, to wit: 1) South twelve (12) degrees, seventeen (17) minutes, zero (00) seconds West, a distance of one hundred sixty-nine and thirty-four one-hundredths (169.34) feet to a point; and 2) South five (05) degrees, forty-eight (48) minutes, zero (00) seconds East, a distance of two hundred ninety-two and fifty-six one- hundredths (292.56) feet to a point at the northernmost corner of Tract No. 113 as shown on said Plan; thence continuing along said Tract No. I B, South eighty-four (84) degrees, one (01) minute, twenty-four (24) seconds West, a distance of one hundred fifty-three and zero one-hundredths (153.00) feet to a point at lands now or formerly of Brian D. and Karen L. Weaver; thence along said lands now or formerly of Brian D. and Karen L. Weaver, North six (06) degrees, forty-three (43) minutes, zero (00) seconds West, a distance of five hundred twenty-three and ninety-three one-hundredths (523.93) feet to a point; thence continuing along said lands now or formerly of Brian D. and Karen L. Weaver and lands now or formerly of Ted R. and Kathryn M. Shover, South seventy-seven (77) degrees, forty-three (43) minutes, zero (00) seconds East, a distance of two hundred twenty-five and six one-hundredths (225.06) feet to a point in the westerly right-of-way line of Woodcraft Drive, the point and place of BEGINNING. Containing 82,741 square feet or 1.90 acres. ,t BEING the same premises which Waggoner Holdings, L.P., a Pennsylvania limited partnership by Deed dated April 28, 2008, and recorded July 2, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in instrument number 200822525 granted and conveyed unto Waggoner Holdings, L.P., a Pennsylvania limited partnership. PREMISES being: 30-40 Woodcraft Drive, Mount Holly Springs, Pennsylvania, 17065 Parcel No. 40-31-2187-052 MANUFACTURERS AND TRADERS IN THE OURT OF COMMON PLEAS TRUST COMPANY, OF Vb%COUNTY, Plaintiff PENNSYLVANIA WAGGONER HOLDINGS LP, WAGGONER HOLDINGS, LLC, ri WAGGONER CONSTRUCTION, INC., No. 11-9218 and BYRON S. WAGGONER, Defendants CIVIL ACTION - LAW c-) =F; .. AFFIDAVIT PURSUANT TO PA.R.C.P. No. 3129.2 ?`?'? Clayton W. Davidson, of McNees Wallace & Nurick LLC, Attorneys at Law, being duly sworn according to law, hereby swears and affirms under penalty of perjury that he served the within Notice of Sheriff s Sale of Real Estate attached hereto as Exhibit A upon the entities listed below in the manner so indicated: By ordinary mail on the parties listed below on January 26, 2012, as evidenced by U.S. Postal Service Forms 3817 Certificates of Mailing, which are attached hereto as Exhibit B. Waggoner Holdings LP 135 Bentz Mill Road East Berlin, PA 17316 Waggoner Holdings, LLC 135 Bentz Mill Road East Berlin, PA 17316 Waggoner Construction, Inc. 135 Bentz Mill Road East Berlin, PA 17316 Manufacturers & Traders Trust Company 213 Market Street, 4th Floor Harrisburg, Pennsylvania 17101 Cumberland County Domestic Relations Office 13 N. Hanover St. P.O. Box 320 Carlisle. PA 17013 Byron S. Waggoner 49 Pine Ridge Road East Berlin, PA 17316 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Rm 106 Carlisle, PA 17013 McNEES WALLACE & NURICK LLC i Date: January 31, 2012 By: Clayto Da'dson PA Attorney D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidsongmwn.com Attorneys for Manufacturers and Traders Trust Company ??? ?? MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff V. WAGGONER HOLDINGS LP, WAGGONER HOLDINGS, LLC, WAGGONER CONSTRUCTION, INC., and BYRON S. WAGGONER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA gy=p; '? t?. No 11-9218 -? Y - 7T: - CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 To: Waggoner Holdings LP 135 Bentz Mill Road East Berlin, PA 17316 Waggoner Holdings, LLC 135 Bentz Mill Road East Berlin, PA 17316 Waggoner Construction, Inc. 135 Bentz Mill Road East Berlin, PA 17316 Manufacturers & Traders Trust Company 213 Market Street, 4th Floor Harrisburg, Pennsylvania 17101 Cumberland County Domestic Relations Office 13 N. Hanover St. P.O. Box 320 Carlisle, PA 17013 TAKE NOTICE: Byron S. Waggoner 49 Pine Ridge Road East Berlin, PA 17316 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Rm 106 Carlisle, PA 17013 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday June 6, 2012 TIME: 10:00 AM LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: All that certain piece or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 30-40 Woodcraft Drive, Mt. Holly Springs, Pennsylvania 17065; parcel no. 40-31-2187-052. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Manufacturers and Traders Trust Company, Case No. 11-9218 in the amount of $928,710.71, plus interest at a rate of $164.648 per day from and following April 29, 2011, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Waggoner Holdings, LP. 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 of this County 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 the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: January 23, 2012 By: J ?---- Clayt W. D dson PA Attorney .D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson@mwn.com Attorneys for Manufacturers and Traders Trust Company LEGAL DESCRIPTION Tract No. 1: ALL that certain tract of land situate, lying and being in South Middleton Township, Cumberland County, Pennsylvania, identified as New Tract 1 on a Final Minor Subdivision Plan for Lands of Waggoner Holdings, LP and Brian D. and Karen L. Weaver prepared by Akens Engineering Associates, Inc. dated October 25, 2007, bearing Job No. 311-1-S, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200810068, more fully described as follows, to wit: BEGINNING at a point in the westerly right-of-way line of Woodcraft Drive, a fifty feet wide public right-of-way at the southeastern corner of Tract IB as shown on said plan; thence continuing along the westerly right-of-way line of Woodcraft Drive, South five (05) degrees, forty-eight (48) minutes, zero (00) seconds East, a distance of one hundred thirty-eight and seven one-hundredths (138.07) feet to a pipe at lands now or formerly of Michael A. Marheuka; thence continuing along lands now or formerly of Michael A. Marheuka, South eighty-four (84) degrees, twelve (12) minutes, zero (00) seconds West, a distance of one hundred fifty and zero one-hundredths (150.00) feet to a pipe at lands now or formerly of Tim E. Butler; thence continuing along lands now or formerly of Tim E. Butler and lands now or formerly of Brian D. and Karen L. Weaver, North six (06) degrees, forty-three (43) minutes, zero (00) seconds West, a distance of one hundred thirty-seven and sixty-two one-hundredths (137.62) feet to a point at said Tract 113; thence continuing along Tract 113, North eighty-four (84) degrees, one (01) minute, twenty-four (24) seconds East, a distance of one hundred fifty-two and twenty one-hundredths (152.20) feet to a point in the westerly right-of-way line of Woodcraft Drive, the point and place of BEGINNING. Containing 20,828 square feet or 0.48 acres. Tract No.2: ALL that certain tract of land situate, lying and being in South Middleton Township, Cumberland County, Pennsylvania, identified as New Tract 2 (composed of Lot 1 A, Lot 1 B, Existing Tract 3, Existing Tract 2 and Existing Tract IA) on a Final Minor Subdivision Plan for Lands of Waggoner Holdings, LP and Brian D. and Karen L. Weaver prepared by Akens Engineering Associates. Inc. dated October 25.2007, bearing Job No. 311-1-S, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 200810068, more fully described as follows, to wit: BEGINNING at a point in the westerly right-of-way line of Woodcraft Drive, a fifty feet wide public right-of-way, and a corner of lands now or formerly of Ted R. and Kathryn M. Shover; thence continuing along the said westerly right-of-way line of Woodcraft Drive, the following two courses and distances, to wit: 1) South twelve (12) degrees, seventeen (17) minutes, zero (00) seconds West, a distance of one hundred sixty-nine and thirty-four one-hundredths (169.34) feet to a point; and 2) South five (05) degrees, forty-eight (48) minutes, zero (00) seconds East, a distance of two hundred ninety-two and fifty-six one- hundredths (292.56) feet to a point at the northernmost corner of Tract No. 1B as shown on said Plan; thence continuing along said Tract No. 113, South eighty-four (84) degrees, one (01) minute, twenty-four (24) seconds West, a distance of one hundred fifty-three and zero one-hundredths (153.00) feet to a point at lands now or formerly of Brian D. and Karen L. Weaver; thence along said lands now or formerly of Brian D. and Karen L. Weaver, North six (06) degrees, forty-three (43) minutes, zero (00) seconds West, a distance of five hundred twenty-three and ninety-three one-hundredths (523.93) feet to a point; thence continuing along said lands now or formerly of Brian D. and Karen L. Weaver and lands now or formerly of Ted R. and Kathryn M. Shover, South seventy-seven (77) degrees, forty-three (43) minutes, zero (00) seconds East, a distance of two hundred twenty-five and six one-hundredths (225.06) feet to a point in the westerly right-of-way line of Woodcraft Drive, the point and place of BEGINNING. Containing 82,741 square feet or 1.90 acres. BEING the same premises which Waggoner Holdings, L.P., a Pennsylvania limited partnership by Deed dated April 28, 2008, and recorded July 2, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in instrument number 200822525 granted and conveyed unto Waggoner Holdings, L.P., a Pennsylvania limited partnership. PREMISES being: 30-40 Woodcraft Drive, Mount Holly Springs, Pennsylvania, 17065 Parcel No. 40-31-2187-052 ?, Y ?? )? UNITED STATES Certificate Of J POSTAL SERVICE Mailing {{ To m t e er _{• This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This forth may be used fnr dnmecfir and int-fi I mail , From: - McNees Wallace & Nurick LLC •?f _ 100 Pine Street ?eP ti _ P.O. Box 1166 ° Harrisburg, PA 17108-1166 - s l? t T; To: G .y Wia 80 L V, r L 3 \ l OC"J C? CSC 13?r??? PA 1-131\p T _ cn M p m rl PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES ?`? Certificate Of POSTAL SERVICES Mailing n This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: - McNees Wallace & Nurick LLC 5a STA ?. t• •_, ?;- _ 100 Pine Street P.O. Box 1166 w ?qM Harrisburg, PA 17108-1166 To: m G 0 1? Y S S _. C> PA 113t b C Nei kk V -? , PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATESQCertificate Of POSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. _ This for ••^^a'~. a^mo?f+^ inn inrcmarmnal mail. ., ` From: ?_ •? ' ,.,,tr• - McNees Wallace & Nurick LLC STF,hA 100 Pine Street P.O. Box 1166 0 ,/,qA,?s c $ o Harrisburg, PA 17108-1166 u3 ?j (' To: M?CARVXA ?? S G Zp (ctit SpS g0? ;r 13 Nr -' er P P k o z MI o C3Qx 3zo .-? :? h O 1 l?loi? CD U PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES Certificate Of ll? POSTAL SERVICES Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. ` This to ._._..._..___....,.From- McNees Wallace & Nurick LLC' 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 0 ?MZ5Z0 ,` 1 To' (Pim ?Y c?erSTr v V Gsa e %A r J c ? 213 Mavke? kwtS wca, PA CJ 1-110 _ Crt N Q PS Form 3817, April 2007 PSN 7530-02-000-9065 s T G M ?s a's _a z UJ 0 M UNITED STATES Certificate Of fr-I POSTAL SERVIC& Mailing _ This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. .: "• . •+ From:~ - McNees Wallace & Nurick LLC A HqR - 100 Pine Street N _ P.O. Box 1166 Harrisburg, PA 17108-1166 0 _ a To: ? -e V o 0 T GsPS 80? Q &?S berik'y\ PA 11 Sk k a r, o U; c M z Z 0 g A PS Form 3817, April 2007 PSN 7530-02-000-9065 L1 MM UNITEDSTATES 'h°v Certificate Of AOSTAL SERVICE® Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: y `A - McNees Wallace & Nurick LLC ?° - 100 Pine Street - P.O. Box 1166 JAN 26 Harrisburg, PA 17108-1166 ,? 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