HomeMy WebLinkAbout05-0978
THE BANK OF LANDISBURG.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIANIA
NO. DS -q7; Cu;tr'2tz.YrL
v.
CIVIL ACTION - LAW
TERRY L. WAGNER and
TRACY A, WAGNER,
IN MORTGAGE FORECLOSURE
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defense or objections to the
claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Central Pennsylvania Legal Services
213-A North Front Street
Harrisburg, PA 17101
(800) 932-0356
THE BANK OF LANDISBURG,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIANIA
Plaintiff
NO. OS - 91?
G'O,CTa"l
v.
CIVIL ACTION - LAW
TERRY L WAGNER and
TRACY A WAGNER,
IN MORTGAGE FORECLOSURE
Defendants
COMPLAINT
1. The Plaintiff. The Bank of Landisburg, hereinafter sometimes referred to as Mortgagee, is a
Pennsylvania corporation with a principal place of business at 100 North Carlisle Street, Landisburg, Perry
County, Pennsylvania.
2. The Defendants, Terry L Wagner and Tracy A. Wagner, his wife, (hereinafter sometimes
referred to as "Mortgagors") are adult individuals residing at 103 East Main Street, Newville, Cumberland
County, Pennsylvania.
3. At all times material to Plaintiff's cause of action the Mortgagors, Terry L. Wagner and Tracy A.
Wagner. were the owners of a tract of land (hereinafter called "Land"), located in Shippensburg Borough,
Cumberland County, Pennsylvania.
4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference.
5. On October 31, 2002, in consideration of the loan of Two Hundred Ten Thousand
($210,000.00) Dollars made by the Mortgagee to the Mortgagors, the said Mortgagors executed and delivered
to the Mortgagee, a Note secured by a Mortgage on the land obligating the Mortgagor to pay the Mortgagee
the principal sum on demand with interest thereon at the rate of 8.80% percent per annum, on the unpaid
balance and to make monthly payments on account of principal and interest. in the absence of demand in the
amount of One Thousand Eight Hundred Sixty-Three Dollars and 10/1 00 ($1,863.10) together with other terms
and conditions set forth in the said Mortgage. The Mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, in Record Book 1781, Page 3866. A true and correct copy of the
Mortgage is attached hereto as Exhibit "8" and made a part hereof by reference.
6. The Defendant ,~default on the Mortgage in that~s failed to make the monthly
payments as required from and after August 31, 2004.
7, The Defendants, Terry L. Wagner and Tracy A. Wagner, are the present real owners of the
land,
8. The amount due the Plaintiff under the Mortgage is computed as follows:
Principal balance
$206,824.02
Interest through 1/31/2005
at 8.8%
9,354.65
Late fees
913.88
Attorney's collection fee
TOTAL
21.709.26
$238,801.81
9. The Plaintiff has complied with the provisions of Section 403 of Act No.6, 41 P.S. 403.
10. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23,
1983, P.L 385 No. 91, 35 P.S. Section 1680.403(c).
11, The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of
December 23, 1983, P.L 385, No. 91 and 35 P,S. 1680(c).
12. The Defendants are not members of the Armed Forces of the United States and is not
entitled to any benefits of the Soldiers and Sailors Relief Act as amended.
WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Two Hundred
Thirty-Eight Thousand Eight Hundred One Dollars and 81/100 ($238,801.81), together with interest thereon at
the rate of 8,8% per annum from January 31, 2005 and the cost of this suit
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:
~~~~
Richard W. Stewart
Attorney I.D. #18039
Johnson, Duffie, Stewart & Weidner
301 Market Street
Post Office Box 109
Lernoyne, Pennsylvania 17043
717-761-4540
Attorneys for Plaintiff
'244053
VERIFICATION
I, ROGER L. BLUMENSCHEIN, Sales Manager of The Bank of Landisburg, the Plaintiff named in the
foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of
the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to the penalties of 18
Pa.C.S. 94904 relating to unsworn falsification authorities.
-----.......
~
--~~1:~~~~;;L,-
EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in the Borough of Shippensburg, Cumberland County,
Pennsylvania, more particularly described as follows:
TRACT #1
ALL THAT CERTAIN lot of ground with a two and one-half brick dwelling house, store room, bakery
and other building thereon erected, situate on the south side of West King Street in the Borough of
Shippensburg, being Nos. 16 and 18 West King Street, containing in front on said street, 41 feet 8 inches
and extending southwardly between lot now or formerly of the heirs of Robert J. Lawton, deceased, on the
west thereon, and lot now or formerly of John P. Hockersmith on the east thereof in depth 257 feet 4 inches,
more or less, to a pubic alley in the rear thereof.
BEING the same property conveyed to Mortgagors by deed of Steve F. Stoltzfus and Emma F.
Stoltzfus, his wife, dated January 31, 2001 and recorded in Cumberland County Deed Book 239 at Page
275
....""
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ROBERT P. ZIEGLER
RECORDER OF DEEDS
JMBERLAND CQUNTY-F,'
'02NOU 8 Pi'll 58
witts iJtWtutUtr f
Made chi, 31 st
Two Thousand Two
day of
<2002 ).
October
in the ye~u of our !.ord,
TERRY L. WAGNER and TRACY A.
Pennsylvania
BIlTWIll!N
WAGNER, his ,wife,
of Shippensburg,
(hereinaher called the Mortgagor, party of the lirst part,
AND
mE BANK OF LANDlSBURG, a Scate banking asSOCJatiOD existing under the Jaws of the Commonwealth of Pennsylvanit, having its
pdndpal place of business in the Borough of landisburg, Perry County, Pennsylvania. (Mortgagee, party of the second. part)
WHEREAS the said Mortgagor. executed and delivered to the Mortgagee a Note in the principal sum of TWO HUNDRED
TEN THOUSAND------------------------------------------ <1210,000.00) obLLARS,
with inferest at the rate set forth in said Note payable at the times and in the manner set (O[th in the said Note
at the office of said Mortgagee (or such ocher place as designated in writing by the holder hereof), and also for the payment from time
to time until said debt and interest be fully paid, of the necesSlry ~remiums and charges on such policy or policies of fire, storm,
explosion insurance, war damage insurance, or on any and all other insurance which the Mortgagee. its successor and assigns, may
demand from time to time against any other ha:r:ards, casuaJties and contingencies, fO[ the further secutity of the debt hereby secured,
upon the buildings and improvements described herein, or any wh ich may hereafter be erected on the premises described hereinj said
policies ,"'--of insurance of whatsoever kind to be deposited with the Mortgagee, its successors or assigns, and transferred by properly
registered and approved assignments with non-contributory mortgagee clause attached, and any renewals of the .same to be furnished
to sllid Mortgagee at least seven (7) days before the expiration of the same. In the event of 10s$ or damage, the proceeds of said in-
surance shall be paid to Mortgagee alone. Mortgagee is authori:r:ed to adjust and compromise sucb loss without the consent of Mongagor, to
tollect, receive and receipt for such proceeds in the name of Mortgagee 9.nd Mortgagor, and to endorse Mortgagor's name upon any
check in payment thereof. Such proceeds shan be applied toward reimbursement of all costs tnd expenses of Mortgagee in collecdng
said proceeds, and toward the payment of all amounts payable by Mongagor to Mortgagee hereunder, and toward the payment of the indebted-
ness secured hereby or any portion thereof, whether or not then dl1e or payable. o[ Mortgagee at its option, may apply said. insurance proceeds
or any pact thereof to the repair or rebuilding of said premises. In the event of sale of the premises on foredosure, the ownership of all policies
of insurance shall pass to the purchaser ar said sale and Mongagor hereby IIppoints Mortgagee its attorney~in.faC1, in Mortgagor's name to assjgn
and transfer all such policies [0 such purchaser. And also, lor the payment, (rom ..time to time, until said debt and interest be fully paid, of all
taxes, water and sewer rents and otll other chllrges llnd claims assessed or levied at any time, 13resent or future, by any lawful authority, I1pon the
property hereby gramed, to secure said obligation, which by any present or future law DC laws shall have pJiority in lien or payment to the debt
represented by said obligation and secured by this Mortgage, when and as the SlUIle shall become due and payable, and also for the exhibition to
u.id Mortgagee, its successors or assigns, of receipts for aU tllXeS, water ..od sewer rentS assesed upon ot chargeable to the mortgaged property, at
the office of said Mortgagee, or at such other place as ma.y be designated by the Mortgagee in writing, within twenty (20) days a.fter sLlch taxes or
water or sewer rents have been payable ar face without the imposition of intetest or penalties, as well a.s re<:eipts for all other taxes or charges
Of claims of every kind or n;tture which by any present or furore Jawor taws may be or become a lien upon the mortgaged property prior in
lien to said Mortgage, or which may be or be<:ome, by any present or lurure law or la.ws, first distributable or allowable or payable belore
said debt, out of the proceeds oE any judicial sale lor colle(don of said debt, Ot so distributable or allowable or payable out of the proceeds
of any other judicial sale, and in case of default of payments as afore$aid, also for the payment of all costs, fees and expenses of collecting
the same, i!Jcluding an attorney's commission of ten per cenrum (10%) and providing futther tha.t upon failure of the Mongagor, Mortgagor's
heirs or assigns, to mainrain said insurance upon the buildings, or to pay the taxes, water rents and sewer rents or other charges, claims or lien
as aforesaid, the Mortgagee, its successors and assigns, may insure the buildings, or ~ay such taxes, 'Water rents and sewer lentS or other
charges, claims or liens, and the sums so advanced by the Mortgagee, its successors and assigns, shall be paYllh1e hy the Mortgagor, Mortgagor's
heirs and assigns to the Mortgagee, its succesors and assigns, and shall be added to and become 11 pan of the principal debt secured hereby
and shan bear interest thereon at the rate set forth in said note until paid.
The Mortgagor herein agtees tha.t in the event of the l'assage, after the date of this Mortgage, of any law of the Commonwealth of
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AND PROVIDED further that it is thereby lInd hereby expressly agreed that in the event of any breach by Mortgagor of any covenant,
condition, or agreement of said recited obligation, or of this Mortgage, it shall be lawful for the Mortgagee to enter upon all and singular the
lands, buildings and premises herein particularly described and by this Indenture mortgagcd. together with the hereditaments and appurtenances,
.nd each and every pan thereof, and to take possession of the same and of the fixtures, applignces .nd equipment therein contained, and to have,
hoJd. manage, lease to the Mortgagor or Bny other person or persons, use and operate the same in such parcels and on such terms and fot
such pe:dods of time 35 Mortgagee may deem proper in the sole discretion of Mortgagee, the Mortgagor agreeing that Mortgagor shall and
will, whenever requested by Mortgagee so to do, assign. transEer and deliver unto Mortgagee, any lease or lIublease; and to collecr and receive
all rents, issues and proHts of the said mortgaged premises and every part therof for which this Indenture shall be a sufficient warrant
whether or not such lease or sublease has been assigned to Mortgagee, and to make from time to time. all alterations. renovations, repairs
and replacements thereto as may seem judicious to Mortgagee, and aher deducting the cost of any or all such alterations, renovations, repairs
and repJacements and expenses incident to taking and retaining possession of the mortgaged property and the management and operation
thereof, and kee~jng the same property insured, to apply the residue of such rents, issues and proHts. if any, arising as aforesaid, to the
payment of all taxes, charges, claims. assessments, water and sewer rents and any other liens that may be prior in lien or payment to the
principal debt secured by this Indenture and premiums for said insurance, with interest thereon. or to the interest and principal due and
secured by this Indenture of Mortgage, with all costs and attorney's fees, in such order or priority, as Mortgagee, in the sole discretion of
Mortgagee, may determine, any sta.tute, law, custom or use to the contrary, notwithstanding; it being expressly agreed. however, that the
taking of possession by Mortgagee under this provision shall not relieve any default which may have been made by ltJortgagor, or prevent the
enforcement of any of the remedies by this [ndenture,. or by said recited obligation, provided in case of such default; and it is further
expressly understood and agreed that the remedies by this Indenture and said recited obligation provided (or the enforcement of the payment
o( the principal sum hereby secured, with any additions thereto as above provided, to,gether with interest thereon, as hereinbefore specified
and for the performance of the covenants. conditions and agreements, matters and things herein contained, or by this Indenture referred to,
llre cumulative and concurrent and may be pursued singly or successively or together at the sole discretion of the Mortgagee. and may be
exercised as often as occasion therefor shall occur.
AND for the purtmse of securing said possession of said mortgaged premises to Mortgagee, in the event of any breach as aforesaid,
Mortg.gor does hereby authorize .nd empower any .ttocney of any Court of Common Pleas in any County of the Commonwealth of Penn.
sylvanta., or of auy other court there or elsewhere, as attorney for Mortgagor, as weB as (or aU persons claiming under, by, or through
Mortgagor, to sign an agreement for entering in any competent court an amicllble action in ejectment lor possession of the premises mortgaged.
by this Indenture, together with the hereditaments and appurtenances as wen as aU fixtures, appliances and equipment of any nature whatso-
ever, now or hereafter installed upon or in said mortgaged property (without any stay of execution or appeal), against said Mortgagor, a.s
well as aU persons claiming uodet, by, or through Mortgagor and therein confess judgment for the recovery by the Mortgagee of the possession
of the said mortgaged premises together with the hereditaments land appurtenances, as well as all fixtures, appliances and equipment of a.ny
nature whatsovcr now or hereafter installed upon or in said mortgaged property, for which this Indenture (or copy thereof verified by affi.
davit) sha.1I be a sufficient warrant; whereupon if the Mortgagee so desires, a Wrir of Possession may be issued forthwith, without any prior
writ or proceeding whatsoever, Mottgagor hereby releasing and agreeing to release the Mortgagee from all errors and defects whatsoever in
entering such action and/or judgment and in causing such writ or writs to be issued, and in any proceeding thereon or concerning the same.
and hereby agreeing fhat no wrir of error or objecti.on shall be mt.de at taken thereto, provided that the Mortgagee shall have filed in such
llCtion an affidavjt by h, or some one on behaU of Mortgagee, setting forth the facts necessary to authorize the entry of such judgment,
according to the terms of this Indenture. of which facts such afHdavit shall he conclusive evidence.
PROVIDED ALWAYS, NEVERTHELESS, that if the said Mortgagor, Mortgagor's heiu and lIssigns, shall and do well and truly 1:'ay or cause
to be paid unfO the sa.id Mortga,gee, its Successors and assigns, the aforesaid debt together with interest as aforesaid, as set forth in the condition
of this obligation, and does further satisfy and discharge the same, and the premiums of insurance aforesaid, and (urther will. during each
and every year of the continuance of this Mortgage, comply with all conditions and requirements (or or in respect to aU taxes, water and
sewer rents, charges or dajms as aforesaid, all of which the saM Mortgagor, for Mortgagor.s heirs and assigns. hereby expressly covenants,
agreel to do and perform, then and from thenceforth, as well this present Indenture. and the estate hereby granted, as the said recited obliga-
tion, shall become void o( no effect, anything hereinbefore contained to the contrary notwithstanding.
AND PROVIDED FURTIiER, and it is hereby and thereby expres5ly covenanted and agreed that in the event there is more than onc
party named herein as it Mortgagor, the singular word "Mortgagor", wherever occ.uring herein, shall be deemed and taken to rilean the plural.
AND PROVIDED FURTHER, that all grants, covenants, waivers, options, stipulations, promises. undertakings. agreements, and rights and
benefifs given to, and obligations or liabilities imposed upon, each and aU of said parties hereto shall inure to and bind them jointly and
severally and. its, his, her and their, and each of their respective. heirs executors. administrators. successors and assigns,
IN WITNESS WHEREOF, lhe said Mortgagor ha, hereunro ser hand and seal rhe day and year lir.. above written.
Witness:
COMMONWEALTH OF PENNSYLVA~A
{l 11 mt3fiZL<4IV/..J
COUNTY OF~'
1
fSs:
J
Onrhis 31st
Commonwealth, personally appeared
day of October
Terry L. Wagner
A. n. 2(X)2 . before' me, a Notary Public in and for said County and
and Tracy A. Wagner, his wife
known to me (or saisfactorily proven) to -be the person S whose name s are subscribed to the within instrument, and acknowledscd
that theY executed the same lor the purpose therein contained.
IN WITNESS WHEREOF. I have hereunto see my hand and Notarial Seal the day and year aforesaid.
~~j)~~
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My Commissio Expires: Notarial Seal
Dawn Marte Shoop, Notary Public
Shlppen.burg ~_~umberl8nd County
My Commission ""pIres Feb. 5, 2004
I hereby certify that the precise address of the Mortgagee herein is
P.O. Box 179
Landisburg, PA 17040 -
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SHERIFF'S RETURN - REGULAR
.
CASE NO: 2005-00978 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF LANDISBURG THE
VS
WAGNER TERRY L ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
WAGNER TRACY A
was served upon
t e
DEFENDANT
at 1837:00 HOURS, on the 2nd day of March
at 103 EAST MAIN STREET
NEWVILLE, PA 17241
TRACY WAGNER
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
2005
and at the same time directing Her attention to the contents t ereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
8.14
.00
10.00
.00
24.14
Sworn and Subscribed to before
this
day of
A.D.
~~
So Answers:
;?"""'f'1<!.~~>i'>"<:'<~
R. Thomas Kline
03/11/2005
JOHNSON DUFFIE STEfAR~ WEIDNER
By: '-;0 /{~l
/Dep ty Sheriff
...........
. .
SHERIFF'S RETURN - REGULAR
.
CASE NO: 2005-00978 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF LANDISBURG THE
VS
WAGNER TERRY L ET AL
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT & NOTICE
WAGNER TERRY L
t e
DEFENDANT
, at 1530:00 HOURS, on the lOth day of March
2005
at 300 FURNACE HOLLOW ROAD
SHIPPENSBURG, PA 17257
TERRY WAGNER
by handing to
a true and attested copy of COMPLAINT & NOTICE
together ith
and at the same time directing His attention to the contents th reof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.10
.00
10.00
.00
39.10
So Answers:
C)"'<:~"d.<<' A, ~,
/y~'''''''''''U_' ........."'1 ~
,
R. Thomas Kline
03/11/2005
JOHNSON DUFFIE STEWART WEIDNER
Sworn and Subscribed to before By:
f/~(
day of
A.D.
(u
( Proth0notary
~1'~'
II
Johnson, Duffie, Stewart & Weidner
By: Richard W, Stewart
LD. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
Attorneys for Plaintiff
THE BANK OF LANDISBURG,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 2005-00978
v,
TERRYL. WAGNER and
TRACY A. WAGNER,
CIVIL ACTION - LAW
IN MORfGAGEFORECLOSURE
Defendants
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Detendants, Terry L. Wagner and Tracy A.
Wagner. in the amount of $238,801.81 with interest at the rate of 8.8% per annum from January 31,2005, and costs, by
reason of the failure of the Defendants to enter an appearance or to file an Answer within 20 days of the date of service
of the Complaint endorsed with a notice to defend,
It is hereby certitied that written notice of intention to tile this Praecipe was mailed to the Defendants, Terry L.
Wagner and Tracy A. Wagner, at their last known address on March 31, 2005: said notice being mailed after the default
occurred and at least ten (10) days prior to the date of the tiling of this Praecipe, A true and correct copy of the aforesaid
notice. together with receipts for mailing, are attached hereto and made a part hereof
Respectfully submitted,
JOHNSON, DUFFIE. STEW ART & WEIDNER
By:
~J' J;1"J/;;:
Richard W, Stewart
~
Dated: l-'\uu
1/ 26"';
:2S04()l
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Johnson, Duffie, Stewart & Weidner
By: Richard W. Stewart
1.0. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
rws@jdsw.com
Attorneys for Plaintiff
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 2005-00978
THE BANK OF LANDISBURG,
v.
TERRY L. WAGNER and
TRACY A. WAGNER,
CIVIL ACTION - LAW
Defendants
TO: Terry L. Wagner, 300 Furnace Hollow Road, Shippensburg, PA 17257.
DATE: March~, 2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
JOHNSON, DUFFIE, STEWART & WEIDNER
/711 /) /1,~ /L
BY: t!..,'o(' /'/",4//\,
Richard W. Stewart
Johnson, Duffie, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
717-761-4540
Attorneys for Plaintiff
:247825,1
~,
.
SENDER: COMPLETE THIS SECTION
. Complete ttems 1, 2, and 3. Also complete
ttem 4 If Restricted Delivery is desired.
. Print your name and address on the reverse
$0 that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front ff space permtts.
1. Miele Addressed to:
Ierr~ L, Wo..S'i\_E (
3co FW'i\Q.Ge 1-\u11{)lA) i2d
Sh\~h~ b...~ If A Ii.,;),?"""
2. Article Number
(1lan_frcm -label)
PS Form 3811, February 2004
.
. .
. . .
OVes
ONo
3. ServIce Type
Ill. CerlffIed Mall 0 Express Mall
o Registered 0 Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
.. Restricted DeUvery? (Extra Fee) 0 Ves
7004 0750 0002 7289 0142
102595-02-M-1540
Domestic Return Receipt
.. ~
'.
Johnson, Duffie, Stewart & Weidner
By: Richard W. Stewart
1.0. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
rws@jdsw.com
Attorneys for Plaintiff
THE BANK OF LANDISBURG,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
v.
NO. 2005-00978
TERRY L. WAGNER and
TRACY A. WAGNER,
CIVIL ACTION - LAW
Defendants
TO: Tracy A. Wagner, 103 East Main Street, Newville, PA 17241,
DATE: March~, 2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
JOHNSON. DUFFIE, STEWART & WEIDNER
:247825
BY: R:1Z1~~:!}(;-
Johnson, Duffie, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
717-761-4540
Attorneys for Plaintiff
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PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149 Etc.
THE BANK OF LANDISBURG
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
Writ No, Term, 2005
vs,
No, 2005-00978
TERRY L WAGNER and
Amount Due $ 238.801.81
TRACY A, WAGNER.
Interest From 1/31/05 8.8% per annum
($6,275,13)
Attorney's Com.
Defendants
Costs
$
TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter.
(1)
Directed to the Sheriff of
Cumberland
County, Pennsylvania:
(2)
Against
Terrv L Wa~ner and Tracv A. Wagner
Defendant (s) ;
(3)
and against
Garnishee (s) ;
(4) and index this writ
(a)
against Terrv L. Wagner and Tracy A. Wagner
Defendant (s) and
(b) against
Garnishee (s),
as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically
describe property)
I.A!'Y upon and sell all those certain tracts (~l real estate situate in thl.! Borough oj'Shippensburg, Cumberland County,
P(,/lI1.\:vlvullia, owned by the Defendants, Teny L. Wagner and TruLY A. Wagner. as morefitl~v described in Exhibit "A,"
((!f(lched hereto and made a part hercofbJ' reference.
(5) Exemption has (not) been waived,
Date:
.//tl/lI .;tt
-
Attorney for Plaintiff (s)
NorT R ....._--L
[Inder paragraflh (1) when the writ is directed to the sheriffofanothcr county'as 1':~~.Jlle~(b)~C~S~~bC indicated.
5-18'-05
\ lnder Rule 3] 03(c) a writ issued Oll a transfened judgment may be directed only to the "heriff of the county in \vhich issued.
Puragraph (3) ubove should be t:omplded only if a named gamishec is to he included in the \\Til.
Paragraph (4) (a) should be cDrnp\eted only if indexing of the excultinl1 in the county or issuance, is desired as authorized by Rule 3104(a).
\Vhcn the writ isslles tn another county indexing: is required as of course in that county by the prothonotary. See Rule J] 04(11}
Paragraph 4 (b) should he completed only if real property in t],e n<lnle of a garnishee is attached and indexing as a lis pendens is desired. See
Ruk 3104(e).
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EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in the Borough of Shippensburg, Cumberland
County, Pennsylvania, more particularly described as follows:
TRACT #1
ALL THAT CERTAIN lot of ground with a two and one-half brick dwelling house, store room,
bakery and other building thereon erected, situate on the south side of West King Street in the
Borough of Shippensburg, being Nos. 16 and 18 West King Street, containing in front on said street,
41 feet 8 inches and extending southwardly between lot now or formerly of the heirs of Robert J,
Lawton, deceased, on the west thereon, and lot now or formerly of John p, Hockersmith on the east
thereof in depth 257 feet 4 inches, more or less, to a pubic alley in the rear thereof.
BEING the same property conveyed to Mortgagors by deed of Steve F. Stoltzfus and Emma F.
Stoltzfus, his wife, dated January 31, 2001 and recorded in Cumberland County Deed Book 239 at
Page 275,
:226963v2
WRIT OF EXECUTION and/or ATTACHMENT
'.
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05.978 Civil
ClVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF LANDISBURG, Plaintiff (s)
From TERRY L. WAGNER AND TRACY A. WAGNER
(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 $238,801.81
LL $.50
Interest FROM 1/31/05.8.8% PER ANNUM - ($6,275.13)
Atty's Comm %
Atty Paid $145.24
Plaintiff Paid
Date: MAY 19, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary fJ
~d O/L" . 77zr/Z/U1J
Deputy
REQUESTING PARTY:
Name RICHARD W. STEWART
Address: JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 18039
.
THE BANK OF LANDISBURG,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
v.
No. 05-00978 Civil
TERRY L. WAGNER and
TRACY A. WAGNER,
CIVIL ACTION - LAW
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
The Bank of Landisburg, by its attorneys, Johnson, Duffie, Stewart & Weidner, sets forth as of the
date the Praecipe for the Writ of Execution was filed the following information concerning the real property
located in Shippensburg, Cumberland County, Pennsylvania.
1, Name and address of Owner(s) or Reputed Owner(s):
Name: Address:
Terry L. Wagner
300 Furnace Hollow Road
Shippensburg, PA 17257
Tracy A. Wagner
103 East Main Street
Newville, PA 17241
2. Name and address of Defendant(s) in the judgment:
Name: Address:
Terry L. Wagner
300 Furnace Hollow Road
Shippensburg. PA 17257
Tracy A. Wagner
103 East Main Street
Newville, PA 17241
3, , Narne and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
II
."
..
Name:
Address:
The Bank of Landisburg
P.O, Box 179
Landisburg, PA 17040
Paul and Paula Grimstead
330 Holswart Drive
Shippensburg, PA 17257
Cumberland County Adult
Probation
One Courthouse Square
Carlisle, PA 17013
4, Name and address of the last recorded holder of every mortgage of record:
Name: Address:
The Bank of Landisburg
P.O. Box 179
Landisburg, PA 17040
5, Name and address of every other person who has any record lien on the property:
Name: Address:
6, Name and address of every other person of whom the Plaintiff has knowledge who has any
record interest in the property and whose interest may be affected by the sale:
Name: Address:
7, Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name: Address:
I verify that the statements made in this Affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made sUbject to the
penalties of 18 Pa.C,S. !}4904 relating to unsworn falsification to authorities.
JOHNSON. DUFFIE, STEWART & WEIDNER
BY:
~J) 0,~:t
:#~<:-
DATE: May~, 2005
:250615
Richard W. Stewart
Johnson, Duffie, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney lD No. 18039
Attorneys for Plaintiff
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Johns.;Jn, Duffle, Stewart & Weidner
By: Richard W. Stewart
I.D. No, 18039
30 I Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-01 09
(717) 761-4540
Attorneys for Plaintiffs
THE BANK OF LANDISBURG.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 05-00978 Civil
TERRY L. WAGNER and
TRACY A. WAGNER,
CIVIL ACTION - LAW
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2
TO: Terry L. Wagner, 300 Furnace Hollow Road, Shippensburg, PA 17257
Tracy A. Wagner, 103 East Main Street, Newville, PA 17241
Your real estate situate in Shippensburg, Cumberland County, Pennsylvania, as described in Exhibit
"A" attached, is scheduled to be sold at Sheriffs Sale on September 7, 2005. at ten o'clock a.m, in the
Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $238,801.81
obtained by The Bank of Landisburg against you.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and other
major improvements erected on the land. attached hereto as Exhibit "A" and made a part hereof by reference.
THE LOCATION of your property to be sold is: 16-18 West Kinq Street. Shippensburq. Cumberland
Countv, Pennsvlvania
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 05-00978-Civil in the Court of Common Pleas of Cumberland Countv. Pennsylvania
The name and address of the owner or reputed owner of this property is:
Terry L. Waqner and Tracy A. Waqner
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by
the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by
the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date
it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of
Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle,
Pennsylvania, Telephone (717) 240-6390.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1, The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of the
judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at
(717) 240-6390,
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good
cause.
3. You may also be able to stop the sale through other legal proceedings, You may need an
attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the
sale,
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU
HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1 ' If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390.
2, You may be able to petition the Court to set aside the sale if the price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You may be entitled to a share of the money which was paid for your property. A schedule of
distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date,
This schedule will state who will be receiving that money. The money will be paid out in accordance with this
schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the
schedule of distribution.
6. You may also have other rights and defenses, or ways of getting your property back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CENTRAL PENNSYLVANIA LEGAL SERVICES
213-A North Front Street
Harrisburg, Pennsylvania 17101
(800) 932-0356
Respecttully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
/1 { ,~7,~
~/r''''f ~;r ','
~ichard W. Stewart
Attorney I.D. No. 18039
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
Dated: /;-! f;'- 0 5
:250619
EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in the Borough of Shippensburg, Cumberland County,
Pennsylvania, more particularly described as follows:
TRACT #1
ALL THAT CERTAIN lot of ground with a two and one-half brick dwelling house, store room, bakery
and other building thereon erected. situate on the south side of West King Street in the Borough of
Shippensburg, being Nos. 16 and 18 West King Street, containing in front on said street, 41 feet 8 inches
and extending southwardly between lot now or formerly of the heirs of Robert J. Lawton, deceased, on the
west thereon, and lot now or formerly of John P. Hockersmith on the east thereof in depth 257 feet 4 inches,
more or less, to a pubic alley in the rear thereof.
BEING the same property conveyed to Mortgagors by deed of Steve F. Stoltzfus and Emma F.
Stoltzfus, his wife, dated January 31, 2001 and recorded in Cumberland County Deed Book 239 at Page
275.
johnson, Duffie, Stewart & Weidner
By: Richard W, Stewart
J.D. No. 18039
30 I Markct Street
P,O,Box 109
Lemoync, Pemlsylvania 17043-01 09
(717) 761-4540
Attorneys for Plaintiffs
THE BANK OF LANDISBURG,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005-00978
TERRY!.. WAGNER and
TRACY A WAGNER,
C!VIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendants
COlINTY OF PENNSYL VANIA
: 55:
COUNTY OF CUMBERLAND
RICHARD W. STEWART, being duly sworn according to law. deposes and says that he servcd the attached
Notice of Sheritfs Sale and Divestiture of Liens upon all Judgment creditors, mortgagees, and other persons who have any
mterest of record in or lien of record upon the property scheduled to be sold at Sheriffs Sale in the above matter on
September 7, 2005. by mailing a copy of the attached Notice by United States Mail, First Class, Postage Prepaid,
addressed as follows:
Cumberland Co. Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Cumberland County Adult Probation
One Courthouse Square
Carlisle. PA 17013
Paul and Paula Grimstead
330 Holswart Drive
Shippensburg, P A 17257
Attached hereto is the original receipt for mailing addressed to the individual and entity set forth above.
,./:17;/ '., J t:
'..}/'(/rl ~<a./ .
RICHARD W. STEW ART
SWORN to and subscribed
before me thlS )'-1 'I~ day of
y
l%t~
COMMONWEALTH OF PENNSYLVANIA
NolariaI SoaI
Deborah J. Ziesman. NataJy Public
Lemoyne Bora. Cumbe~and ColJnIy
My Commission Expires Nov. 17. 2008
Member. Pennsylvania Association Of Notaries
A
EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in the Borough of Shippensburg, Cumberland County,
Pennsylvania. more particularly described as follows:
TRACT #1
ALL THAT CERTAIN lot of ground with a two and one-half brick dwelling house. store room, bakery
and other building thereon erected, situate on the south side of West King Street in the Borough of
Shippensburg, being Nos. 16 and 18 West King Street, containing in front on said street, 41 feet 8 inches
and extending southwardly between lot now or formerly of the heirs of Robert J. Lawton, deceased, on the
west thereon, and lot now or formerly of John P. Hockersmith on the east thereof in depth 257 feet 4 inches,
more or less, to a pubic alley in the rear thereof.
BEING the same property conveyed to Mortgagors by deed of Steve F. Stoltzfus and Emma F.
Stoltzfus, his wife. dated January 31, 2001 and recorded in Cumberland County Deed Book 239 at Page
275.
:250736
Johnson, Duffie, Stewart & Weidner
By: Richard W, Stewart
I.D. No. 18039
30 I Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiffs
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF LANDlSBURG,
v.
NO. 2005-000978
TERRY L. WAGNER and
TRACY A. WAGNER.
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendant
NOTICE OF SHERIFF'S SALE AND
DIVESTITURE OF LIENS
TO: Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle. P A 17013
Paul and Paula Grimstead, 330 Holswart Drive, Shippensburg, P A 17257
Cumberland County Adult Probation, One Courthouse Square, Carlisle, PA 17013
You are hereby notified that the lien of judgment or lien of mortgagc that you may have against real estate owned
by the above-named Defendants in Shippensburg. Cumberland County. Pennsylvania. and more fully described in the
exhibit attached hereto. will be divested by a Sheriff's Sale scheduled to be held on September 7, 2005, at 10:00 a.m. in the
Cumberland County Courtbouse, Carlisle. Pennsylvania. Unless you take action to stop the Sheriff's Sale, or unless you
appear at the Sherift's Sale and bid to protect your interest. your lien against thc land scheduled to be sold at Sheriff's Sale
will be divested by the Sheriff's Sale,
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govemmental 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,
(0 banks that hold mortgages and municipalihes that are owed taxes), will be tiled by the Sheriff within thirty (30) days
after tbe sale and distribution of the proceeds of sale in accordance witb this schedule will, in fact. be made unless
someone objects by filing exceptions to it within ten (10) days of the date it is Jiled. InfonnatlOn about the schedule of
distribution may be obtained from the Sheri 11 of the Court of Common Pleas of Cnmberland County. Pennsylvania.
Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOIl CAN GET LEGAL HELP.
Central Pennsylvania Legal Services
213-A North Front Street
Harrisburg,PA 17101
(800) 932-0356
JOHNSON. DUFFlE, STEW ART & WEIDNER
BY:
::;;
/~'d~
Richard W. Stewart
Attorney I.D. No. 18039
301 Market Street
P,O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
Date: f'{\CL"I}, 3 , 2005
:2S07J5
-
..
EXHIBIT "An
ALL THAT CERTAIN tract of land situate in the Borough of Shippensburg, Cumberland County,
Pennsylvania. more particularly described as follows:
TRACT #1
ALL THAT CERTAIN lot of ground with a two and one-half brick dwelling house, store room, bakery
and other building thereon erected, situate on the south side of West King Street in the Borough of
Shippensburg, being Nos. 16 and 18 West King Street, containing in front on said street, 41 feet 8 inches
and extending southwardly between lot now or formerly of the heirs of Robert J. Lawton, deceased, on the
west thereon, and lot now or formerly of John P. Hockersmith on the east thereof in depth 257 feet 4 inches,
more or less, to a pubic alley in the rear thereof.
BEING the same property conveyed to Mortgagors by deed of Steve F. Stoltzfus and Emma F.
Stoltzfus, his wife, dated January 31, 2001 and recorded in Cumberland County Deed Book 239 at Page
275.
One piece of ordinary mail addressed to:
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FOR INSURANCE - POSTMASTER
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Bank of Landis burg is the grantee the same having been sold to said grantee
on the 5th day of Oct A.D., 2005, under and by virtue of a writ Execution issued on the 19th day of
Mav, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number
978, at the suit of Bank of Landisburg against Terry L Wagner & Tracv A is duly recorded in Sheriffs
Deed Book No. 271, Page 2960.
IN TESTIMONY WHEREOF, I have hereunto set my hand
- r-lL
and seal of said office this ---Ll''-- day of
~i~ ,A.D. ,:;)C/()..r \'\\
AMENDED RETURN
The Bank of Landisburg
VS
Terry L. Wagner and Tracy A. Wagner
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-978 Civil Term
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states
that on June 23, 2005 at 4:55 o'clock PM, he served a true copy ofthe within Real Estate
Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the
within named defendant, to wit: Terry L. Wagner, by making known unto Terry Wagner,
personally, at 300 Furnace Hollow Road, Shippensburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy of the same.
David McKinney, Deputy Sheriff, who being duly sworn according to law, states
that on August 17,2005 at 8:48 o'clock PM, he served a true copy ofthe within Real
Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon
the within named defendant, to wit: Tracy A Wagner, by making known unto Donald
Reath, adult boyfriend of defendant, at 634 Brandy Run Road, Newville, Cumberland
County, Pennsylvania, its contents and at the same time handing to him personally the
said true and correct copy of the same.
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on July 08,2005 at 4:59 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Terry L. Wagner and Tracy A Wagner, located at 16-18 West King Street, Shippensburg,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Terry L. Wagner, by regular mail to his last known address of 300
Furnace Hollow Road, Shippensburg, P A 17257. This letter was mailed under the date of
August 11, 2005, 2005 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency ofthe action to the within named
defendant, to wit: Tracy A Wagner, by regular mail to her last known address of 634
Brandy Run Road, Newville, P A 17241. This letter was mailed under the date of August
22, 2005 and never returned to the Sheriffs Office.
R. Thomas Kline, 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 October 5, 2005 at 10:00 o'clock AM. He sold the same for the
sum of $1.00 to Attorney Richard Stewart for Bank of Landisburg. It being the highest
bid and best price received for the same, Bank of Landisburg of P.O. Box 179, 100
Carlisle Street, Landisburg, P A 17040, being the buyer in this execution, paid to Sheriff
R. Thomas Kline the sum of$762.57.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
$
$30.00
14.95
15.00
15.00
30.00
10.00
.50
1.00
42.40
6.21
15.00
30.00
251.00
218.81
18.20
25.00
39.50
762.57
Sworn and subscribed to before me
This q~ dayof IL{,~
2005, A,D, ~~l
Proth ot '
So~w~
r~/~~
R. Thomas Kline, Sheriff
je.. c/;P^-
uP
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3b' ~
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JD
, ck.-S/s'9IJ
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'"
THE BANK OF LANDISBURG,
(~: \~J) }2Ylf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
f
Plaintiff
v.
No. 05-00978 Civil
TERRY L. WAGNER and
TRACY A. WAGNER.
CIVIL ACTION - LAW
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
The Bank of Landisburg, by its attorneys, Johnson, Duffie, Stewart & Weidner. sets forth as of the
date the Praecipe for the Writ of Execution was filed the following information concerning the real property
located in Shippensburg, Cumberland County. Pennsylvania.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address:
Terry L. Wagner
300 Furnace Hollow Road
Shippensburg, PA 17257
Tracy A. Wagner
103 East Main Street
Newville, PA 17241
2. Name and address of Defendant(s) in the judgment:
Name: Address:
Terry L. Wagner
300 Furnace Hollow Road
Shippensburg, PA 17257
Tracy A. Wagner
103 East Main Street
Newville, PA 17241
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
,
Name:
Address:
The Bank of Landisburg
P,O. Box 179
Landisburg, PA 17040
Paul and Paula Grimstead
330 Holswart Drive
Shippensburg, PA 17257
Cumberland County Adult
Probation
One Courthouse Square
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
Name: Address:
The Bank of Landisburg
P.O, Box 179
Landisburg, PA 17040
5. Name and address of every other person who has any record lien on the property:
Name: Address:
6, Name and address of evert other person of whom the Plaintiff has knowledge who has any
record interest in the property and whose interest may be affected by the sale:
Name: Address:
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name: Address:
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. S4904 relating to unsworn falsification to authorities.
JOHNSON, DUFFIE. STEWART & WEIDNER
BY:
/..,{ /';, /~:,A'I/,.-
/;:~c .. / ';:. d!,t.
Richard W Stewart
Johnson. Duffie. Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney ID No. 18039
Attorneys for Plaintiff
DATE: May~. 2005
:250615
r
~
I
Johhson, Duffie, Stewart & Weidner
By: Richard W, Stewart
1.0. No 18039
301 Market Street
P,O Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiffs
~(r)lD)w
~/~)Li U
THE BANK OF LANDISBURG.
Plamtiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 05-00978 Civil
TERRYL WAGNER and
TRACY A. WAGNER,
CIVIL ACTION - LAW
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2
TO: Terry L. Wagner, 300 Furnace Hollow Road, Shippensburg, PA 17257
Tracy A. Wagner, 103 East Main Street, Newville, PA 17241
Your real estate situate in Shippensburg, Cumberland County, Pennsylvania. as described in Exhibit
"A" attached, is scheduled to be sold at Sheriff's Sale on September 7, 2005, at ten o'clock a.m, in the
Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $238,801.81
obtained by The Bank of Landisburg against you,
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a
statement of the measured boundaries of the property. together with a brief mention of the buildings and other
major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference,
THE LOCATION of your property to be sold is 16-18 West Kinq Street, Shippensburq. Cumberland
County. Pennsvlvania
.
t
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 05-00978-Civil in the Court of Common Pleas of Cumberland Countv, Pennsvlvania
The name and address of the owner or reputed owner of this property is:
Terry L. Waqner and Tracv A. Waqner
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by
the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes). will be filed by
the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date
it is filed, Information about the schedule of distribution may be obtained from the Sheriff of the Court of
Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle,
Pennsylvania, Telephone (717) 240-6390.
NOTICE OF OWNER'S 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 canceled if you pay to the Sheriff of Cumberland County, the amount of the
judgment plus costs, To find out how much you must pay. you may call the Sheriff of Cumberland County at
(717) 240-6390,
2, You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good
cause.
3. You may also be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooner you contact one. the more chance you will have of stopping the
sale,
I
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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may
find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390,
2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate
compared to the value of your property.
3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To
find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff. you will remain the owner of the
property as if the sale never happened.
5, You may be entitled to a share of the money which was paid for your property. A schedule of
distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date
This schedule will state who will be receiving that money. The money will be paid out in accordance with this
schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the
schedule of distribution.
6. You may also have other rights and defenses, or ways of getting your property back, if you act
immediately after the sale,
i
.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CENTRAL PENNSYLVANIA LEGAL SERVICES
213-A North Front Street
Harrisburg, Pennsylvania 17101
(800) 932-0356
Respectfully submitted,
JOHNSON. DUFFIE, STEWART & WEIDNER
By:
{'i . ,';
--,,' j /"'&"-
......-(;&:..1 /' p/;?o -4" .
Richard W. Stewart
Attorney I.D. No. 18039
301 Market Street
P,O. Box 109
Lemoyne. PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
Dated: !.-- I C' - 0 ~
. ",~j (J ~_,
:250619
EXIllBIT "A"
ALL THAT CERTAIN tract of land situate in the Borough of Shippensburg, Cumberland County.
Pennsylvania, more particularly described as follows:
TRACT #1
ALL THAT CERTAIN lot of ground with a two and one-half brick dwelling house, store room, bakery
and other building thereon erected. situate on the south side of West King Street in the Borough of
Shippensburg, being Nos. 16 and 18 West King Street, containing in front on said street. 41 feet 8 inches
and extending southwardly between lot now or formerly of the heirs of Robert J. Lawton. deceased, on the
west thereon, and lot now or formerly of John p, Hockersmith on the east thereof in depth 257 feet 4 inches,
more or less, to a pubic alley in the rear thereof.
BEING the same property conveyed to Mortgagors by deed of Steve F. Stoltzfus and Emma F.
Stoltzfus, his wife. dated January 31, 2001 and recorded in Cumberland County Deed Book 239 at Page
275
WRIT OF EXECUTION andlor A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-978 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF LANDISBURG, Plaintiff (s)
From TERRY L. WAGNER AND TRACY A. WAGNER
(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 $238,801.81
LL $.50
Interest FROM 1/31/05 - 8.8% PER ANNUM - ($6,275.13)
Atty's Comm %
Atty Paid $145.24
Plaintiff Paid
Date: MAY 19, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary ~
,--By: .PvW.--> 0 / P . '/l /Vel" r
Deputy
REQUESTING PARTY:
Name RICHARD W. STEW ART
Address: JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 18039
Real Estate Sale #69
On June 16,2005 the Sherifflevied upon the
defendant's interest in the real property situated in
Shippensburg Borough, Cumberland County, PA
Known and numbered as 16-18 West King St.,
Shippensburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: June 16,2005
By:0~ bNil"\
Real Estate Deputy
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Connnonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Connnonwealth ofPelUlSylvania, 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 wete 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 19th and 26th day(s) of July and the 2nd
day(s) of August 2005. That neither he 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
REAL ESTATE SALE No. 69
Writ No. 2005-978
Civil Term
The Bank 01 Landl8burg
Va
Teny L W"l!"""
SIId'R'ecy A. wsgner
Ally: Richard _art
DESCRIPTION
PUBLICATION
COpy
S ALE #69
Sworn to and subscri
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
AIl. THAT CERTAlN lraet ofland silUate ill the
Borough of Sbippeosborg, ComberIaod Coonty.
Pennsylvania. more Particvlady ~-_as
folkJws:
TRACT # I
AIL THAT CEf(fAIN lot of ~ with two
and one-haIf brick dWi'1.ling house; store room,
bakeryaod_boiIdiog_""""<I.sitoate
on tht south-side of West King SlrtW in the
Borough of Shippeosburg. heiog Nos, 16 and 18
West King Street, containing in front on said
_.41feet8iochesaod"teoding~
between lot now or formerly of !be beiII of Ia(at
1; Lawa. deceued. 011 the west tbcmoff.1ot
.... or iJrmedy of 101m P; K- Ii l-AIL.'.
...tiIlnofiodlpollID feet 4""'._<<
less,Io'po!Jlicalley;" dJe"",tiIlnof. '
BEING the S4mC pmperty conveyed to
Mortgagors by deed of Steve F. Stoltzfus and
Emma f. StollZfus, his wife, dated Januat)' 31.
200 1 and recorded in Cumberland County Deed
Book 239 M Pa8" 275.
Statement of Advertising Costs
To THE PATRIOT-NEWS CO.
For publishing the notice or publication attached
hereto on the above stated dates
218.81
. ,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.l784
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 15, 22, 29, 2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
--
SWO TO AND SUBSCRIBED before me this
29 day of Julv. 2005
NOTARIA[ SEAL
LOIS E. SNYDER, Notary Public
Carlisle 8010, Cumberland County
Mv Commission EKf)ires March 5, 2009
REAL ESTATE SALE NO. 69
Writ No. 2005-978 CivJl
The Bank of Landisburg
VB,
Terry L. Wagner and
Tracy A. Wagner
Atty.: Richard Stewart
EXHIBIT "A"
ALL THAT CERTAIN tract of land
situate in the Borough of Shippens~
burg, Cumberland County, Pennsyl-
vania, more particularly described
as follows:
TRACT # I
ALL THAT CERTAIN lot of ground
with a two and one-half brick dwell-
ing house. store room, bakery and
other bunding thereon erected. situ-
ate on the south side of West King
Street in the Borough of Shippens-
burg, being Nos. 16 and 16 West
King Street, containing in front on
said street, 41 feet 8 inches and
extending sout.hwardly betv.reen lot
now or formerly of the heirs of Rob-
ert J. Lawton, deceased, on the
west thereon, and lot now or for-
merly of John P. Hockersmith on
the east thereof in depth 257 feet 4
inches. more or less. to a pubic al-
ley in the rear thereof.
BEING the same property con-
veyed to Mortgagors by deed of
Steve F. Stoltzfus and Emma F.
Stoltzfus, his wife, dated January
31, 2001 and recorded in Cumber-
land County Deed Book 239 at Page
275,