HomeMy WebLinkAbout02-1833Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.
5927080936
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
vs.
DAVID A. WAGNER AND
TERESA L. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. pa - /?. 1. tV t 1 ?2 s.,,
COMPLAINT - CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and
a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la
notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la
corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra
suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere
que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus
propiedades o otros dereches importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 5927080936
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. Da - I,3,? (2'c ?
DAVID A. WAGNER AND
TERESA L. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
DEFENDANTS
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff is WASHINGTON MUTUAL BANK, FA., Authorized to do business in
Pennsylvania pursuant to Certificate of Authority #2001055, with its principal place of business located
at 9451 CORBIN AVE. NORTHRIDGE, CA 91324.
2. The names and last known addresses of the Defendants are: DAVID A. WAGNER AND
TERESA L. WAGNER,141 RUNNING PUMP ROAD, NEWVILLE, PA 17241.
3. The interest of each individual Defendant is as mortgagor, real owner of the real property
subject to the mortgage described below, or both.
4. On or about APRIL 30, 1998, Mortgagors made, executed and delivered a Mortgage
upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA., which Mortgage is
recorded as follows:
Office of the Recorder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE: AS RECORDED
DATE RECORDED: AS RECORDED
BOOK: AS RECORDED PAGE: AS RECORDED
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g).
1
5. On or about APRIL 30, 1998, in consideration of their indebtedness to WASHINGTON
MUTUAL BANK, FA., DAVID A. WAGNER AND TERESA L. WAGNER made, executed and
delivered to WASHINGTON MUTUAL BANK, FA. their promissory Note in the original principal
amount of $90,800.00.
6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original
Mortgagee, the legal successor in interest to the original Mortgagee.
7. The Mortgage is secured by property located at 141 RUNNING PUMP ROAD
NEWVILLE, PA 17241.
8. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, due JUNE 1, 2001 and monthly thereafter
are due and have not been paid, whereby the whole balance of principal and all interest due thereon have
become immediately due and payable forthwith together with late charges, escrow deficit (if any), and
costs of collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage:
Principal Balance $87,207.14
6.875% interest from MAY 1, 2001 to
APRIL 11, 2002 at $16.43 per day $5,684.78
Accrued Late Charges $268.38
Other Fees $61.65
Attorney's Fees $2,479.50
TOTAL AMOUNT DUE $95,701.45
Interest continues to accrue at the per diem rate of $16.43 for every day after APRIL 11, 2002
that the debt remains unpaid.
10. During the course of this litigation costs may continue to accrue, including but not limited
to escrow advances, late charges, attorney's fees, etc.
11. The attorney's fees set forth above are in conformity with the Mortgage documents and
2
Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the
Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore,
Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable.
13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to
Defendants, dated FEBRUARY 8, 2002. Defendants have failed to meet with the plaintiff or any of the
consumer credit counseling agencies listed in the notice and/or have further failed to meet the time
limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing
Finance Agency.
14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "A".
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff
and against the within named property of the Defendants in the amount set forth in paragraph 9, together
with interest accruing after APRIL 11, 2002 to the date of Judgment, plus 6% legal rate of interest from
date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money
hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for
insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph
10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for
foreclosure and sale of the Mortgaged property.
SPEAR & H EEMAN. P
DATE: "f
ESQUIRE
3
VERIFICATION
I, THOMAS J. HORNBECK, verify that I am the attorney for the plaintiff in this action and
that the foregoing Amended Complaint in Mortgage Foreclosure is true and correct to the best of my
knowledge, information and belief. I make this verification in lieu of WASHINGTON MUTUAL
BANK, FA. who is outside the jurisdiction of the court and its verification could not be obtained
within the time allowed for filing this pleading. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
DAT
EXHIBIT )PAP,
N
1"-j1 lL.L 1?.Li`V11 ?.LL L 1 111E 1l111\LLL1 \.VLI?LL I LvII
PRACTICES ACT, (the Act) 1 U.S.C. SECTION 1601 AS AMENDED
1. This law firm may be deemed a "debt collector" under the Fair Debt Collection
Practices Act. Aj, y and all information obtained during the prosecution of this lawsuit may be
used for the purpose of collecting the debt.
The amount of the debt is stated in paragraph 9 of the. Complaint.
3. The Plaintiff as named in the Complaint is the creditor to whom the dc;bt is owed,
or is sel-Vicing agent for the creditor to whom the debt is owed. The undersigned attorney
represents the interests of the Plaintiff.
4. The debt described in the Complaint, evidenced by the copy of the mortgage note
attached hereto, Neill be assumed to be valid by the creditor's law firm unless the debtor, within
thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some
portion thereof.
5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of
the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm
will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by
the creditor's law film.
6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and
if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the
receipt of this notice, the name and address of the original creditor will be mailed to the debtor by
the creditor's law firm.
7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North
Kings Highway, Suite 210, Cherry Hill, NJ 08034.
4a
Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.
5927080936
WASHINGTON MUTUAL BANK, FA.
SUCCESSOR TO WASHINGTON MUTUAL
HOME LOANS, INC. FORMERLY KNOWN
AS PNC MORTGAGE CORPORATION OF
AMERICA
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833 CIVIL
AMENDED COMPLAINT - CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and
a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion.
Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma
escrita sus defensas o sus objeciones a ]as demandadas en contra de su persona. Sea avisado que si usted no
se defiende, la corte tomara medidas y puede continuar Is demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas
]as provisiones de esta demands. Usted puede perder dinero o sus propiedades o otros dereches importantes
para usted.
LLEV E ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 5927080936
WASHINGTON MUTUAL BANK, FA.
SUCCESSOR TO WASHINGTON MUTUAL
HOME LOANS, INC. FORMERLY KNOWN
AS PNC MORTGAGE CORPORATION OF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833 CIVIL
AMERICA
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
DEFENDANTS
AMENDED COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff is WASHINGTON MUTUAL BANK, FA. SUCCESSOR TO WASHINGTON
MUTUAL HOME LOANS, INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF
AMERICA, Authorized to do business inPennsylvania pursuant to Certificate of Authority #2001055,
with its principal place of business located at 9451 CORBIN AVE. NORTHRIDGE, CA 91324.
The names and last known addresses of the Defendants are: DAVID A. WAGNER AND
TERESA L. WAGNER,141 RUNNING PUMP ROAD, NEWVILLE, PA 17241 .
3. The interest of each individual Defendant is as mortgagor, real owner of the real property
subject to the mortgage described below, or both.
4. On or about APRIL 30, 1998, Mortgagors made, executed and delivered a Mortgage
upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA, which
Mortgage is recorded as follows:
Office of the Recorder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE: APRIL 30, 1998
DATE RECORDED: MAY 11, 1998
BOOK: 1452 PAGE: 416
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g).
A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by
reference.
On or about APRIL 30, 1998, in consideration of their indebtedness to PNC
MORTGAGE CORPORATION OF AMERICA., DAVID A. WAGNER AND TERESA L. WAGNER
made, executed and delivered to PNC MORTGAGE CORPORATION OF AMERICA their promissory
Note in the original principal amount of $90,800.00.
6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original
Mortgagee, the legal successor in interest to the original Mortgagee.
The Mortgage is secured by property located at 141 RUNNING PUMP ROAD
NEWVILLE, PA 17241.
8. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, due JUNE 1, 2001 and monthly thereafter
are due and have not been paid, whereby the whole balance of principal and all interest due thereon have
become immediately due and payable forthwith together with late charges, escrow deficit (if any), and
costs of collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage:
Principal Balance $87,207.14
6.875% interest from MAY 1, 2001 to
APRIL 11, 2002 at $16.43 per day $5,684.78
Accrued Late Charges $268.38
Other Fees $61.65
Attorney's Fees $2,479.50
TOTAL AMOUNT DUE 95 701.45
Interest continues to accrue at the per diem rate of $16.43 for every day after APRIL 11, 2002
that the debt remains unpaid.
10. During the course of this litigation costs may continue to accrue, including but not limited
to escrow advances, late charges, attorney's fees, etc.
11. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the
Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore,
Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable.
13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to
Defendants, dated FEBRUARY 8, 2002. Defendants have failed to meet with the plaintiff or any of the
consumer credit counseling agencies listed in the notice and/or have further failed to meet the time
limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing
Finance Agency.
14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "B".
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff
and against the within named property of the Defendants in the amount set forth in paragraph 9, together
with interest accruing after APRIL 11, 2002 to the date of Judgment, plus 6% legal rate of interest from
date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money
hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for
insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph
10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for
foreclosure and sale of the Mortgaged property.
DATE: Ov -* OJ RE
VERIFICATION
I, THOMAS J. HORNBECK, ESQUIRE, verify that I am the attorney for the plaintiff in
this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the
best of my knowledge, information and belief. I make this verification in lieu of WASHINGTON
MUTUAL BANK, FA. SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC.
FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, Plaintiff who is
outside the jurisdiction of the court and its verification could not be obtained within the time
allowed for filing this pleading. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities.
THO S J. HORNBECK, ESQUIRE
DATE: W Zc (,33" Attor?O for Plaintiff
Exhibit "A"
04/18/2002 16:06 2311505
04-18-02 14,02 PREMIER ABSTRACT
I D-71
RECORD AND Kim 10;
PNC Morlpp Corp. etAaNalrA n. :.. s` f, a.
+Fw.rNFa.w.rnnm ::??
na. ilCnS
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VemM FEM.D. Owl
• rso rmJ az rr? i as
111M.1 Nlimhr: .
IAPao. Aber T61a Line Par kgo wAna Otto)
AADMW T:
ELIZABETH SECP MORTGAGE LNNDEN•N I D9-
16Ir
FENNEL PAA41. PA I /6101
'19116 MOIMACM Mcg% iv lnalDmwl!') to Oi-m APRIL DO , 1099
DAVID A. NAMED AND IGRC6A L. NAORR. WOMB AM V1FE
('16nroxar').79dP Seeur141nSIVan.ntieWvm mPNC MRTOADF COPP. OF ANEPICA
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A NdA1N FAINNAr DRIVE, VER1011 NILL$. ILLINOIS OMNI
('Lander'). ]lonowr vane
1194111 (MOUSAND 1161N NIIDNED DOLLARS00 HAD CENTS_______________________________
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DMlom(VASM.IM. M....... ---•).IbhAmA.vIAwwgdby Emrnwbi
ifti mnwt (44910% whlah pmvldw for nlvDahly paymante, with the fill dab
JUNG 1. 2OU . Two FIeYALy IIYbVTM1 a1CWM to
wride,awl by Atg Nam, with Ialnomm. and all .wawak arYnaolw and modified
other MMA with In[rrt, ad.m ed undar paragraph V w IraMCI the a met rll
Spin fwrpwmtrac of Borrowers covenants and av., mu nndar Shia S.;
m.Mme, 11wrowr don; hm y mortpFA pant and can-, m Lander the t
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04/10/2002 16:06 2311505
94-18-02 14:81 PREMIER ABSTRACT
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y
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ry IIPIrumMl. mly w
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he NMtearo datand w W sa,b1..
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r Nunn t, end
t any awommPdetlovri I prow Net Irder .*a." .Ilwr
wordwiiwwmsorllrilkmdly
ten
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I the Interest or other tom
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rp .hall W ratlvwd by ten armed
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or uin pWYrlaY lwwmmlor th
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is SwurlV lnhWinimim U<Wwi
Pap or 'No 6eeurity lru nm.ld end
.. .1 s M. 30S 1114
I.IIyI.
04/18/2002 16:06 2311505 PAGE 06
84-15-82 13:59 PREwIER ARrr7RAC7
ID•717 433398 PBS/B9'
16. D,
17. Ti
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ro all
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it plm
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l 'Wdl In oneparesnph 20,'14aproom
by linvimnm.pl 1. ..d .h. bns._e__
^ '..sans or My erY+Mn
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lhtbta: (a) the ddaolt: (b) the sell*
thus hllols to word the doraYlt ..1
IMtrument, folaehlaom b iediel
Ildrrpwar er see is to Iwp ute •
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nol s+rad a ittad, l.andu, at It
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dese posy- nt la
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lama secured by
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se m
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y
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se wltand theaa11te
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04/18/2002 16:06 2311505
94-113-82 13:59 PRRMIER ABSTRACT
ID-71
PAGE 07
P64/99
• 33, Wd.en. Darrwer, M The ealmt Dsrmitud
pra.erd[np m.NOrm thle SenHW IferumeaQ, ew b
hvarnynf eaee,tlinn, eal6,ainn efdm., nty„py from
Ad, Rain.t.t.men[ Parlod. Ibrmw'. dma m m
M ail mMMpnnlnent at
-
If. Rider, to this Smurity Instrununt. I1 olu m Mon rid" an aamuu
vlth thir SmmIW lnauumant, the mvatunu and Ups pnlnu at arch pulp rid,
ample and "Mow this compete, 'it adrrmmb it we RwnlfW
Imnrnm
Smiley IAMMML [Cheek.ppllmbld bWa,1Z
AdiluuW Raw Afdar ?'-I Coedominium Rid«
4fs,1wW 1\Ym«la Rider Rplpnndd lt.:a ttiW,??-.,......
RY 616bI1NC RSLOW, )mmira loccil. and
od l.I- any .Ire, er d.NM In
nY pfear111 or TOWN lava puufJLu
w Immrcuadapmppun.
""I altall Mtaw M Ome houir prlof
WW1mtr0mant.
Iroutlmmt 6 lan< m Rnfmvr M
tpp.
able Hlar a pd/Mept is anWW on
pdmewdeftheNom,
IY Sum" sad menmw tr 1w
sR bofncmlNnted Inht d Hull
l If Nis Ad-(.) run a Twin of thb
] IY LOmilr R[Gr
/ .
Via A. M .a r .
Tf La ?"
!R aG/ _ S.t L. RA R rim1'
•nnrow..
•RelnMM (D«II
bvmwpr
brOrleeto of Rutdpncv
addrue d the vphia-namnf Mort
Ip1e• f b ' 6000 DLF •eRe WIVE, i de hereby dwti[y wt the owrml
THIRD FLOOR, #ETHEL PAM, yA I5102
WitnRn my haera [hip day of Aey" I , 19R? .
(X)MMONWDALTROp PLINN6YI.VANIA. tbanb.:L.nd Cauoty yl
an THIS, the 'andr city of y6pfn 1 . 199 P . Wfun m., w uodamidnmt
oftlcu, peraendly apprrad David A. Wagner and Tares, L. WgneT• h Abevd it "L,
ma pupa s rArw, mm.. ers rubmrlbm kmwnm e(ornLiufrctodlypmavn)wh,;
aa.roned Me time foe the W Mtge WlNinineWmrcapwrcrmWledpnlwl Chey
rpovsha..l L
IN W17'NIPSS WI{RNppP, l huxmtobmsa,y my Mnd and olflHd prl.
MY CommlWen SxplpK .......... ., ... ,
V ? w aFg.' Mi. ?, b ie
rh
• aRralwwnr,«nw Wd r IAmq.
i
Lp1A M Nee,rrser p,,, two y10
t>•.N
u.u? BRnY7 . ..,,. Llr, wall
Exhibit "B"
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION
PRACTICES ACT. (the Act) 15 U.S.C. SECTION 1601 AS AMENDED
1. This law firm may be deemed a "debt collector" under the Fair Debt Collection
Practices Act. Any and all information obtained during the prosecution of this lawsuit may be
used for the purpose of collecting the debt.
2. The amount of the debt is stated in paragraph 9 of the Complaint.
3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed,
or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney
represents the interests of the Plaintiff.
4. The debt described in the Complaint, evidenced by the copy of the mortgage note
attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within
thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some
portion thereof.
5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of
the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm
will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by
the creditor's law firm.
6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and
if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the
receipt of this notice, the name and address of the original creditor will be mailed to the debtor by
the creditor's law firm.
7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North
Kings Highway, Suite 210, Cherry Hill, NJ 08034.
cam, -
cl,
SHERIFF'S RETURN - REGULAR
- -. CASE NO: 2002-01833 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
WAGNER DAVID A ET AL
BRYAN WARD
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TERESA L
the
DEFENDANT , at 0941:00 HOURS, on the 29th day of April , 2002
at 65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257 by handing to
TERESA L WAGNER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
141 Running Pump Road Newville is vacant.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /7 day of
aov -L? A.D.
?"R X 6 _ n 0
Prothonotary'
So Answers:
R. Thomas Kline
05/01/2002
SPEAR & HOFFMAN
By. &J N
De ty Sheriff
Fr"11- SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01833 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
WAGNER DAVID A ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
DAVID A
DEFENDANT
the
, at 0941:00 HOURS, on the 29th day of April , 2002
at 65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L WAGNER, WIFE
by handing to
a true and attested copy of COMPLAINT - MORT
together with
and at the same time directing Her attention to the contents thereof.
141 Running Pmp Road Newville is vacant.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
cc,
me this 117 ` day of
., -21n -Z. A. D.
i
onotary
So Answeers?:
R. Thomas Kline
05/01/2002
SPEAR & HOFFMAN
By: /? A ?- I?
Dep ty Sheriff
SPEAR & HOFFMAN, P.A.
'BY: TI40MAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
LOAN# 5927080936
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET 02-1833
DAVID A. WAGNER AND
TERESA L. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
DEFENDANTS
PRAECIPE FOR JUDGMENT FOR FAILURE
TO ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Enter Judgment IN REM in the amount of $96,588.67 in favor of the Plaintiff and against the
defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage
Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated
as stated in the Complaint:
Principal of mortgage debt due and unpaid
Interest at 6.875% from MAY 1, 2001
to JUNE 4, 2002 (400 days @ $16.43 per diem)
Accrued Late charges
Other Fees
Attorneys Fees (As stated in Complaint)
TOTAL AMOUNT DUE
$87,207.14
$6,572.00
$268.38
$61.65
$2,479.50
$96,588.67
X J. ROItNBECK, ESQUIRE
for Plaintiff
AND NOW, judgment is entered in favor of the Plaintiff and against the efendant(s) and
damages are assessed as above in the sum of $96,5 .67
Ju,m- ?? a?? PRO PROTHY
SPEAR & HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 NORTH KINGS HIGHWAY
SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
Vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
DOCKET NO. 2 002-0 1 8 3 3-P
CERTIFICATION OF
MAILING NOTICE PURSUANT
TO RULE 237.1
The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default
Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default
occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment.
A true and correct copy of each Notice is attached hereto, sent as stated.
Dated: MAY 21. 2002 BV-%Z?" '
THOMAS J H R ECK, ESQUIRE
Attorney, Or Plaintiff
SPEAR AND HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 NORTH KINGS HIGHWAY
SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, LOAN NO.
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANT(S)
To: TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Date of Notice: MAY 21.2002
5927080936
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 2002-01833-P
NOTICE
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU
IN THIS CASE. UNLESS YOU ACT WITHIN TEN 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 HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166 ==
for Plaintiff
ESQUIRE
THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING
THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
SPEAR AND HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, LOAN NO.: 5927080936
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 2002-01833-P
NOTICE
To: DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Date of Notice: MAY 21, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU
IN THIS CASE. UNLESS YOU ACT WITHIN TEN 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 HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717)249-3166
S J.'HORNBECK, ESQUIRE
for Plaintiff
THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING
THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
SPEAR & HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANT(S)
DOCKET NO. 02-1833
AFFIDAVIT OF NON-MILITARY SERVICE
THOMAS J. HORNBECK, ESQUIRE, being duly sworn according to law, deposes and says
that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiffs
behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and
belief.
Defendants, DAVID A. WAGNER AND TERESA L. WAGNER, are over 21 years of age.
Their last employment is unknown.
Defendant is not in the military service of the United States as contemplated by the Soldiers' and
Sailors' Civil Relief Act, as amended.
This Affidavit is made in connection with the judgment upon a note and mortgage secured upon
the premises located at 141 RUNNING PUMP ROAD, NEWVILLE, PA
SWORN TO AND
BY:
ESQUIRE
BEFORE ME THIS 4TH
E%r&ft__ X2002.
A N ry Public of New Jersey
I issior Ex iP?eB 3 0
June 4, 2002 /it/
SPEAR & HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANT(S)
NO. 02-1833
CERTIFICATE OF SERVICE
We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by
first class mail, postage prepaid, true and correct copies of the attached papers upon the following
person(s) or their attorney of record:
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Date mailed:
UIRE
SPEAR & HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
vs.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 02-1833
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (Plaintiff) is:
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
and that the last known address(es) of the judgment debtor (Defendant (s)) is (are):
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
B
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
WASHINGTON MUTUAL BANK, FA. ( ) Confessed Judgment
( ) Other
VS. File No. 02-1833
Amount Due $96.588.67
DAVID A. WAGNER AND
TERESA L. WAGNER
Atty's
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession ofjudgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for
debt, interest and costs upon the following described property of the defendant(s)
141 RUNNING PUMP ROAD. NEW V ILLE, PA 17241
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate,
supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the gamishe,
defendant(s) described in the attached exhibit.
DATE: June 4. 2002
Cherry Hill, N.J. 08034
Attorney for: WASHINGTON MUTUAL BANK FA.
Address: 1020 N. Kings Highway. Suite 210
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1833 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA., Plaintiff (s)
From DAVID A. WAGNER AND TERESA L. WAGNER, 65 SPRINGFIELD ROAD,
SHIPPENSBURG, PA 17257
(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 gamishee(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 $96, 588.67
Interest
Atty's Comm %
Atty Paid $125.66
Plaintiff Paid
L.L. $.50
Due Prothy $1.00
Other Costs
Date: JUNE 11, 2002
REQUESTING PARTY:
CURTIS R. LONG
Prothonotary, Civil Division
Name THOMAS J. HORNBECK, ESQUIRE
Address: 1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, N.J. 08034
Attorney for: PLAINTIFF
Telephone: 856-755-1560
Supreme Court ID No. 80057
SPEAR & HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
AFFIDAVIT PURSUANT TO RULE 3129.1
WASHINGTON MUTUAL BANK, FA., Plaintiff in the above action, by its attorney, THOMAS J.
HORNBECK, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the
following information concerning the real property located at 141 RUNNING PUMP ROAD
NEWVILLE, PA 17241:
Name and address of Owner(s) or Reputed Owner(s):
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
4. Name and address of the last recorded holder of every mortgage of record:
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PNC MORTGAGE CORPORATION OF AMERICA
75 NORTH FAIRWAY DRIVE
VERNON HILLS, IL 60061
PNC BANK, N.A.
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
5. Name and address of every other person who has any record lien on the property:
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:
DOMESTIC RELATIONS
P.O. BOX 320
13 N. HANOVER ST.
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE - LIEN
BUREAU OF COMPLIANCE
DEPT. 280946
HARRISBURG, PA 17128-0946
ATTENTION: SUE BLOUGH
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
CAROLYN MCQUILLEN
TAX COLLECTOR
1044 PINE ROAD
CARLISLE, PA 17013
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:
TENANT(S)/OCCUPANT(S)
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unworn falsification to
for Plaintiff
.A.
ESQUIRE
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SPEAR & HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
vs.
DAVID A. WAGNER AND
TERESA L. WAGNER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-1833
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Your house (real estate) at:
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
is scheduled to be sold at Sheriffs Sale on SEPTEMBER 4, 2002 at:
CUMBERLAND COUNTY COURTHOUSE
2ND FLOOR, COMMISSIONERS HEARING ROOM
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
at 10:00 a.m. to enforce the court judgment of $96,588.67 obtained by WASHINGTON MUTUAL
BANK, FA. against you.
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 WASHINGTON MUTUAL BANK, F.A. the
amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's
fees due. To find out how much you must pay, you may call: (856) 755-1560.
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.
You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call (717)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 have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 4, 2002
This schedule will state who will be receiving the money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURTHOUSE
1COURTHOUSESQUARE
CARLISLE, PA 17103
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
ALL THAT CERTAIN REAL ESTATE LYING AND BEING SITUATE IN NORTH
NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF THE PUBLIC ROAD
KNOWN AS T-328 AT CORNER OF LOT NO. 8 ON A PLAN OF LOTS HEREINAFTER
REFERRED TO; THENCE BY SAID LOT NO. 8, SOUTH 38 DEGREES 22 MINUTES 1 I
SECONDS WEST 166.96 FEET TO A POINT ON LINE OF SAID LOT NO. 8 AT CORNER OF
LOT NO.9 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 9. NORTH 75 DEGREES 35
MINUTES 18 SECONDS WEST 310.36 FEET TO A POINT ON LINE OF SAID LOT NO. 9 AT
CORNER OF LOT NO. 6 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 6, NORTH 46
DEGREES 07 MINUTES 18 SECONDS EAST 310.63 FEET TO A RAILROAD SPIKE IN THE
CENTERLINE OF THE AFOREMENTIONED PUBLIC ROAD KNOWN AS T-328; THENCE BY
THE CENTERLINE OF SAID PUBLIC ROAD, SOUTH 41 DEGREES 21 MINUTES 34 SECONDS
EAST 83.04 FEET TO A RAILROAD SPIKE; THENCE BY THE SAME, SOUTH 51 DEGREES 37
MINUTES 49 SECONDS EAST 160 FEET TO A RAILROAD SPIKE, THE PLACE OF
BEGINNING.
BEING THE SAME PREMISES WHICH CLARENCE CORNMAN, JR., BY DEED DATED
5/11/93 AND RECORDED 6/29/93 IN THE RECORDER;S OFFICE IN AND FOR CUMBERLAND,
PENNSYLVANIA IN DEED BOOK VOLUME 36-J PAGE 304, GRANTED AND CONVEYED
UNTO THEM, DAVID A. WAGNER AND TERESA L. WAGNER, HUSBAND AND WIFE, THE
MORTGAGORS HEREIN.
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SPEAR & HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
vs.
DAVID A. WAGNER AND
TERESA L. WAGNER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-1833
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Your house (real estate) at:
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
is scheduled to be sold at Sheriffs Sale on SEPTEMBER 4, 2002at:
CUMBERLAND COUNTY COURTHOUSE
2ND FLOOR, COMMISSIONERS HEARING ROOM
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
at 10:00 a.m. to enforce the courtjudgment of $96,588.67obtained by WASHINGTON MUTUAL
BANK, FA. against you.
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 WASHINGTON MUTUAL BANK, FA. the
amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's
fees due. To find out how much you must pay, you may call: (856) 755-1560.
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 maybe able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call (717)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 have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 4,
2002. This schedule will state who will be receiving the money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are
filed with the Sheriff within ten (10) days after the date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17103
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
ALL THAT CERTAIN REAL ESTATE LYING AND BEING SITUATE IN NORTH
NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF THE PUBLIC ROAD
KNOWN AS T-328 AT CORNER OF LOT NO. 8 ON A PLAN OF LOTS HEREINAFTER
REFERRED TO; THENCE BY SAID LOT NO. 8, SOUTH 38 DEGREES 22 MINUTES 11
SECONDS WEST 166.96 FEET TO A POINT ON LINE OF SAID LOT NO. 8 AT CORNER OF
LOT NO. 9 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 9. NORTH 75 DEGREES 35
MINUTES 18 SECONDS WEST 310.36 FEET TO A POINT ON LINE OF SAID LOT NO. 9 AT
CORNER OF LOT NO. 6 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 6, NORTH 46
DEGREES 07 MINUTES 18 SECONDS EAST 310.63 FEET TO A RAILROAD SPIKE IN THE
CENTERLINE OF THE AFOREMENTIONED PUBLIC ROAD KNOWN AS T-328; THENCE BY
THE CENTERLINE OF SAID PUBLIC ROAD, SOUTH 41 DEGREES 21 MINUTES 34 SECONDS
EAST 83.04 FEET TO A RAILROAD SPIKE; THENCE BY THE SAME, SOUTH 51 DEGREES 37
MINUTES 49 SECONDS EAST 160 FEET TO A RAILROAD SPIKE, THE PLACE OF
BEGINNING.
BEING THE SAME PREMISES WHICH CLARENCE CORNMAN, JR., BY DEED DATED
5/11/93 AND RECORDED 6/29/93 IN THE RECORDER;S OFFICE IN AND FOR CUMBERLAND,
PENNSYLVANIA IN DEED BOOK VOLUME 36-J PAGE 304, GRANTED AND CONVEYED
UNTO THEM, DAVID A. WAGNER AND TERESA L. WAGNER, HUSBAND AND WIFE, THE
MORTGAGORS HEREIN.
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ALL THAT CERTAIN REAL ESTATE LYING AND BEING SITUATE IN NORTH
NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF THE PUBLIC ROAD
KNOWN AS T-328 AT CORNER OF LOT NO. 8 ON A PLAN OF LOTS HEREINAFTER
REFERRED TO; THENCE BY SAID LOT NO. 8, SOUTH 38 DEGREES 22 MINUTES 11
SECONDS WEST 166.96 FEET TO A POINT ON LINE OF SAID LOT NO. 8 AT CORNER OF
LOT NO. 9 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 9. NORTH 75 DEGREES 35
MINUTES 18 SECONDS WEST 310.36 FEET TO A POINT ON LINE OF SAID LOT NO. 9 AT
CORNER OF LOT NO. 6 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 6, NORTH 46
DEGREES 07 MINUTES 18 SECONDS EAST 310.63 FEET TO A RAILROAD SPIKE IN THE
CENTERLINE OF THE AFOREMENTIONED PUBLIC ROAD KNOWN AS T-328; THENCE BY
THE CENTERLINE OF SAID PUBLIC ROAD, SOUTH 41 DEGREES 21 MINUTES 34 SECONDS
EAST 83.04 FEET TO A RAILROAD SPIKE; THENCE BY THE SAME, SOUTH 51 DEGREES 37
MINUTES 49 SECONDS EAST 160 FEET TO A RAILROAD SPIKE, THE PLACE OF
BEGINNING.
BEING THE SAME PREMISES WHICH CLARENCE CORNMAN, JR., BY DEED DATED
5/11/93 AND RECORDED 6/29/93 IN THE RECORDER;S OFFICE IN AND FOR CUMBERLAND,
PENNSYLVANIA IN DEED BOOK VOLUME 36-J PAGE 304, GRANTED AND CONVEYED
UNTO THEM, DAVID A. WAGNER AND TERESA L. WAGNER, HUSBAND AND WIFE, THE
MORTGAGORS HEREIN.
Spear & Hoffman, P.A.
THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 N. Kings Highway, Suite 210
Cherry Hill, NJ. 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA. COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
DAVID A. WAGNER AND
TERESA L. WAGNER
Defendant
DOCKET NO. 02-1833
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P. 3129.2 (C) (2)
I, THOMAS J. HORNBECK, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of
Sale was served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129.1, by United
States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached
as Exhibit "A".
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. Section 4904.
Respectfully
SPEAR & H,
BY:
J. HORNBECK, ESQUIRE
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Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
vs.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
PLAINTIFF'S PETITION TO REASSESS DAMAGES
1. Plaintiff filed its Complaint in Mortgage Foreclosure: in the instant matter on April 15,
2002.
2. On June 11, 2002, default judgment was entered against each Defendant in the amount
of $96,588.67.
3. A sheriff sale of real property in the above-captioned matter was scheduled for December
4, 2002.
4. As a result of the passage of time since the filing of the Complaint and the entry of
judgment, additional damages have accrued and will continue to accrue to the date of sale in
accordance with the terms of the Note and Mortgage upon which this action and judgment are based.
The terns of said Note and Mortgage, true and correct copies of which are attached hereto, made a
part hereof and marked Exhibits "A" and "B" respectively, are incorporated herein as fully as though
the same were set forth at length herein.
5. The additional damages which have accrued to date and which will continue to accrue to the date
of sale as aforesaid result in total damages as follows:
Principal of Mortgage debt due and owing $87,207.14
Interest through December 31, 2002 $ 9,985.56
Unpaid late charges $ 793.59
Escrow $ 2,794.91
Recoverable Balance $ 3,384.50
Payoff Statement Fee $ 60.00
Recording Fees $ 27.00
Attorney's Costs $ 585.50
Attorney's Fees $ 900.00
TOTAL
$105,738.20
6. The reassessment of damages in this foreclosure action will in no way prejudice
Defendants, as they were properly served and noticed and have not contested this foreclosure action.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess damages in
the amount of $105,738.20, plus costs of suit.
SPEAR AND HOFFMAN, P.A.
BONNIE DAHL, ESQUIRE
Attorney for Petitioner
VERIFICATION
I hereby verify that the facts set forth in the foregoing Petition to Reassess Damages are true
and correct to the best of my knowledge, information and belief. I understand that false statements
knowingly made herein are subj ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
SPEAR AND HOFFMAN, P.A.
BONNIE DAHL, ESQUIRE
Attorney for Petitioner
Dated: December 7, 2002
Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 02-1833
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF
ITS PETITION TO REASSESS DAMAGES
Due to the accrual of interest and late charges from the date of judgment to the scheduled sale
date and advances made by Plaintiff for real estate taxes and insurance since the filing of the
Complaint, the judgment taken by Plaintiff has been rendered insufficient and inaccurate. This
insufficiency has resulted from the passage of time and lack of payments made. In order to update
and correct the judgment previously entered, the following items must be adjusted in accordance
with the terms of the mortgage and the averments and the prayer of the Complaint:
Additional interest must be added at the annual rate of 6.875%, as set for in the mortgage and
the Petition. Late charges since the entry of judgment must also be added. These charges are
currently calculated at $29.82 per month. Increases in the escrow deficit and other costs incurred
by Plaintiff must be added as specifically set forth in the Petition. Finally, additional costs of suit
must be added. The charges for all of the above-referenced items are specifically allowed by the
Note and Mortgage executed by Defendants. Stendardo v. Federal National Mortgage Association,
991 F2d 1089 (3rd Cir. 1993).
Plaintiff's mortgage given to it by Defendants entitled Plaintiff to pay all real estate taxes,
fire insurance premiums, etc. in order to protect its security, being he mortgaged premises and to be
reimbursed for such payment.
The attorney fees requested herein are reasonable.
If there is a successful third-party bidder at the Sheriff Sale scheduled in this matter for as
deemed by the Sheriffs Office, Plaintiff would not receive from the Sheriff's distribution of sale
proceeds that amount to which it is entitled pursuant to the note and mortgage if the instant Petition
is not granted. Moreover, Defendants would in no way be prejudiced by the reassessment of
damages, since the instant action is purely an in rem proceeding. Finally, Defendants would be
protected against the possibility of any deficiency judgment in the event of a third-party purchaser
at the Sheriff Sale. Therefore, Plaintiff respectfully requests that this Honorable court reassess
damages IN REM in the amount of $105,738.20.
Respectfully submitted,
SPEAR AND HOFFMAN, P.A.
BY:?
BONNIE DAHL, ESQUIRE
Attorney for Petitioner
Dated: December 7, 2002
Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
CERTIFICATE OF SERVICE,
I, Bonnie Dahl, Esquire, of SPEAR AND HOFFMAN, P.A., attorneys for Plaintiff,
WASHINGTON MUTUAL BANK, FA., hereby certify that a true and correct copy of the foregoing
Petition to Reassess Damages was sent by first class mail, postage prepaid, to Defendants at the
following last known addresses:
DAVID A. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
BY:-??
BONNIE DAHL, ESQUIRE
Attorney for Petitioner
C7 c7 a"?
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DEC 002
f ,
Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
ORDER
AND NOW, this !b day of 'C? , 2002, after consideration
of the Petition for Reassessment of Damages filed on behalf of Plaintiff in the above-captioned
matter, damages are hereby reassessed as follows:
Principal of Mortgage debt due and owing $87,207.14
Interest through December 31, 2002 $ 9,985.56
Unpaid late charges $ 793.59
Escrow $ 2,794.91
Recoverable Balance $ 3,384.50
Payoff Statement Fee $ 60.00
Recording Fees $ 27.00
Attorney's Costs $ 585.50
Attorney's Fees $ 900.00
TOTAL
r'
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P n C,
41
ice..
Washington Mutual Bank, F.A.
VS
David A. Wagner and Teresa L. Wagner
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-1833 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law,
is returned STAYED pursuant to instructions from Attorney Thomas J. states Hornbeck. this writ
Q11 enff s Costs:
Docketing
Surcharge 30.00
Law Library 30.00
Prothonotary .50
Mileage 1.00
Levy 19.32
Advertising 15
.00
Posting Handbills 15.00
Share of Bills 15.00
Poundage 25'20
Postpone Sale 12.96
Law Journal 20.00
Patriot News 270.05
Certified Mail 203.35
19.32
$ 660.93 paid by attorney
12/11/02
Sworn and subscribed to before me
So AnsT
This day of???
2002, A.D. R. Thomas Kline, Sheriff
Prothonotary BY 0
Real Estate Deputy
v
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f
THE PATRIOT NEWS
THE SUNDAY ]PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Frank J. F_pler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
unda Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th
day(s) of August 2002. 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
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
StiALE#51
REAL ESTATE SALE No. 51
Writ No. 2002-1833
Civil Term
Washington Mutual Bank, FA
vs
David A. Wagner and
Teresa L. Wagner
Atty: Thomas J. Hornbeck
DESCRIPTION
ALL THAT certain real estate lying and being
situate in North Newton Township, Cumberland
County, Pennsylvania, bounded and described as
follows:
BEGINNING at a railroad spike in the centerline
of the public road known as T-328 at comer of Lot
No.8 on a Plan of Lots hereinafter referred to;
thence by said Lot No. 8, south 38 degrees 22
minutes II seconds west 166.96 feet to a point on
line of said Lot No.8 at comer of Lot No.9 on said
Plan of Lots; thence by said Lot No.9 north 75
degrees 35 minutes 18 seconds west 310.36 feet
to a point on line of said Lot No.9 at comer of Lot
No.6 on said Plan of Lots; thence by said Lot
/ . .
Sworn to and subscribed before
Notarial Seal
Terry L. Russell, Notary Public
City Of Harrisburg, Dauphin County
My Commission Expires June 6, 2006
Member, Pennsylvania Association Of Notat
.................................................
14th day oXugust 202 A.D.
NOT RY PUBLIC
y commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 201.60
$ 1.75
$ 203.35
No.6. north 46 degrees 01 minutes 18 seconds publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid. east 310.63 feet to a railroad spike in the
centerline of the aforementioned public road
known as T-328; thence by the centerline of said
public road, south 41 degrees 21 minutes 34 B
seconds east 83.04 feet to a railroad spike; thence
by the same, south 51 degrees 37 minutes 49
seconds east 160 feet to a railroad spfKe, the place
of BEGINNING.
BEING the same premises which Clarence
Comman, Jr., by deed dated 5/11/93 and recorded
6/29/93 in the Recorder's Office in and for
Cumberland. Pennsylvania in Deed Book Volume
36-J Page 304, granted and conveyed unto them,
David A. Wagner and Teresa L. Wagner, husband
and wife, the morteaeors herein.
4, 1
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Roger M. Morgenthal, 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 26, AUGUST 2, 9, 2002
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.
REAL ESTATE SALE NO. 57
Writ No. 2002-1833 Civil
Washington Mutual Bank, FA
vs.
David A. Wagner and
Teresa L. Wagner
Atty.: Thomas J. Hornbeck
ALL THAT CERTAIN real estate
lying and being situate in North New-
ton Township. Cumberland County,
Pennsylvania, bounded and de-
scribed as follows:
BEGINNING at a railroad spike
in the centerline of the public road
known as T-328 at corner of Lot No.
8 on a plan of lots hereinafter re-
ferred to; thence by said Lot No. 8,
South 38 degrees 22 minutes 11
seconds West 166.96 feet to a point
on line of said Lot No. 8 at comer of
Lot No. 9 on said plan of lots; thence
by said Lot No. 9 North 75 degrees
35 minutes 18 seconds West 310.36
R ger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
9 day of AUGUST, 2002
LOLS E. Pia
Carl* Boro,
My Cwv"w Eames Me" 5,
feet to a point on line of said Lot
No. 9 at corder of Lot No. 6 on said
Plan of Lots; thence by said Lot No.
6, North 46 degrees 07 minutes 18
seconds East 310.63 feet to a rail-
road spike in the centerline of the
aforementioned public road known
as T-328; thence by the centerline
of said public road, South 41 de-
grees 21 minutes 34 seconds East
83.04 feet to a railroad spike; thence
by the same, South 51 degrees 37
minutes 49 seconds East 160 feet
to a railroad spike, the place of be-
ginning.
BEING the same premises which
Clarence Cornman, Jr., by Deed dat-
ed 5/11/93 and recorded 6/29/
93 in the Recorder's Office in and
for Cumberland, Pennsylvania in
Deed Book Volume 36-J Page 304,
granted and conveyed unto them,
David A. Wagner and Teresa L. Wag-
ner, husband and wife, the mort-
gagors herein.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRA.ECIPE FOR RE-ISSUE WRIT OF EXECUTION
WASHINGTON MUTUAL BANK, FA. ( ) Confessed Judgment
( ) Other
vs. File No. 02-1833
Amount Due $96,588.67
DAVID A. WAGNER AND
TERESA L. WAGNER Interest $ 2,286.72
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for
debt, interest and costs upon the following described property of the defendant(s)
141 RUNNING PUMP ROAD NEWVILLE PA 17241
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
_ (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
DATE: APRIL 11, 2003 Signatu .
Print Name: LAURENCE R. CHASHIN, ESQUIRE
Address: 1020 N. Kings Highway, Suite 210
Cherry Hill, N.J. 08034
Attorney for: WASHINGTON MUTUAL BANK, FA.
6?-- ^- W ? r
7K 0 cq
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JEC 1 6 2002
Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
1,856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
vs.
DAVID A. `kI A GINTER i AND
TERESA L. WAGNER
DEFENDANTS
AND NOW, this
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
ORDER
day of ?)J?
, 2002, after consideration
of the Petition for Reassessment of Damages filed on behalf of Plaintiff in the above-captioned
matter, damages are hereby reassessed as follows:
Principal of Mortgage debt due and owing $87,207.14
Interest through December 31, 2002 $ 9,985.56
Unpaid late charges $ 793.59
Escrow $ 2,794.91
Recoverable Balance $ 3,384.50
Payoff Statement Fee $ 60.00
Recording Fees $ 27.00
Attorney's Costs $ 585.50
Attorney's Fees $ 900.00
TOTAL
$105,738.20
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)'
NO 02-1833 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA., Plaintiff (s)
From DAVID A. WAGNER AND TERESA L. WAGNER, 141 RUNNING PUMP ROAD,
NEWVILLE, PA 17241
(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 $96,588.67 L.L.
Interest --- $2,286.72
Atty's Comm % Due Prothy $1.00
Atty Paid $808.09 Other Costs
Plaintiff Paid
Date: APRIL 17, 2003
CURTIS R. LONG
Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name LAURENCE R. CHASHIN, ESQUIRE
Address: 1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, N.J. 08034
Attorney for: PLAINTIFF
Telephone: 856-755-1560
Supreme Court ID No. 79294
SPEAR & HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN, ESQUIRE
ATTORNEY I.D. NO. 77558
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
CERTIFICATION
LAURENCE R. CHASHIN, ESQUIRE, hereby verifies that she is the attorney for the
Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
( ) an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to
unworn falsification to authorities.
LA CE R. CHASHIN, ESQUIRE
Attorney for Plaintiff
?. ? { _ J ....,
?:,_ ? _?
SPEAR & HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN, ESQUIRE
ATTORNEY I.D. NO. 77558
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
AFFIDAVIT PURSUANT TO RULE 3129.1
WASHINGTON MUTUAL BANK, FA., Plaintiff in the above action, by its attorney, LAURENCE R.
CHASHIN, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the
following information concerning the real property located at 141 RUNNING PUMP ROAD
NEWVILLE, PA 17241:
1. Name and address of Owner(s) or Reputed Owner(s):
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
NONE
4. Name and address of the last recorded holder of every mortgage of record:
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PNC MORTGAGE CORPORATION OF AMERICA
75 NORTH FAIRWAY DRIVE
VERNON HILLS, IL 60061
PNC BANK, N.A.
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
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:
DOMESTIC RELATIONS
P.O. BOX 320
13 N. HANOVER ST.
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE - LIEN
BUREAU OF COMPLIANCE
DEPT. 280946
HARRISBURG, PA 17128-0946
ATTENTION: SUE BLOUGH
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
CAROLYN MCQUILLEN
TAX COLLECTOR
1044 PINE ROAD
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
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:
TENANT(S)/OCCUPANT(S)
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge, 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.
SP AR & HOFFM/'AN, P.A.
/?
LA CE R. CHASHIN, ESQUIRE
Attorney for Plaintiff
SPEAR & HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN, ESQUIRE
ATTORNEY I.D. NO. 77558
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
DOCKET NO.02-1833
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Your house (real estate) at:
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
is scheduled to be sold at Sheriff's Sale on SEPTEMBER 3, 2003 at:
CUMBERLAND COUNTY COURTHOUSE
2ND FLOOR, COMMISSIONERS HEARING ROOM
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
at 10:00 a.m. to enforce the court judgment of $96,588.67 obtained by WASHINGTON MUTUAL
BANK, FA. against you.
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:
I . The sale will be canceled if you pay to WASHINGTON MUTUAL BANK, FA. the
amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's
fees due. To find out how much you must pay, you may call: (856) 755-1560.
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 be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened, you may call (717)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 have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff no later than
OCTOBER 3, 2003. This schedule will state who will be receiving the money. The money will be
paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17103
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
(?? °: ?
C= ?. ? ,
(.
-? ,
G ? : _.
ALL THAT CERTAIN REAL ESTATE LYING AND BEING SITUATE IN NORTH
NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF THE PUBLIC ROAD
KNOWN AS T-328 AT CORNER OF LOT NO. 8 ON A PLAN OF LOTS HEREINAFTER
REFERRED TO; THENCE BY SAID LOT NO. 8, SOUTH 38 DEGREES 22 MINUTES 11
SECONDS WEST 166.96 FEET TO A POINT ON LINE OF SAID LOT NO. 8 AT CORNER OF
LOT NO. 9 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 9. NORTH 75 DEGREES 35
MINUTES 18 SECONDS WEST 310.36 FEET TO A POINT ON LINE OF SAID LOT NO. 9 AT
CORNER OF LOT NO. 6 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 6, NORTH 46
DEGREES 07 MINUTES 18 SECONDS EAST 310.63 FEET TO A RAILROAD SPIKE IN THE
CENTERLINE OF THE AFOREMENTIONED PUBLIC ROAD KNOWN AS T-328; THENCE BY
THE CENTERLINE OF SAID PUBLIC ROAD, SOUTH 41 DEGREES 21 MINUTES 34 SECONDS
EAST 83.04 FEET TO A RAILROAD SPIKE; THENCE BY THE SAME, SOUTH 51 DEGREES 37
MINUTES 49 SECONDS EAST 160 FEET TO A RAILROAD SPIKE, THE PLACE OF
BEGINNING.
BEING THE SAME PREMISES WHICH CLARENCE CORNMAN, JR., BY DEED DATED
MAY 11, 1993 AND RECORDED JUNE 29, 1993 IN THE RECORDER'S OFFICE IN AND FOR
CUMBERLAND, PENNSYLVANIA IN DEED BOOK VOLUME 36-J PAGE 304, GRANTED AND
CONVEYED UNTO THEM, DAVID A. WAGNER AND TERESA L. WAGNER, HUSBAND AND
WIFE, THE MORTGAGORS HEREIN.
BEING KNOWN AS PROPERTY ADDRESS: 141 RUNNING PUMP ROAD, NEWVILLE, PA 17241
BEING PARCEL NO.: 30-09-0509-011
Spear & Hoffman, P.A.
BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 N. Kings Highway, Suite 210
Cherry Hill, NJ. 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA. COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
Defendant
DOCKET NO. 02-1833
CERTIFICATION OF NOTICE TO LIEN HOLDERS
PURSUANT TO PA R.C.P. 3129.2 (C) (2)
I, BONNIE DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was
served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129. 1, by United States
mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as
Exhibit "A".
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. Section 4904.
Respectfully submitted,
SPEAR & HOFFMAN, P.A.
BY:
BONNIE DAHL, ESQUIRE
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Washington Mutual Bank, FA
VS
David A. Wagner and Teresa L.
Wagner
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-1833 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Laurence Chashin.
Sheriff's Costs
Docketing 30.00
Poundage 13.39
Posting Handbills 15.00
Advertising 15.00
Mileage 18.63
Levy 15.00
Surcharge 30.00
Law Library
Postpone Sale 20.00
Prothonotary 1.00
Law Journal 270.05
Patriot News 225.85
Share of Bills 28.90
$ 682.82 paid by attorney
10/13/03
Sworn and subscribed to before me So Answers:
This /y -' day of OCG4 w ?
2003, A.D.? R. Thomas Kline, Sheriff
J ?
BY, ("(( if ?v?l_? ?
Prothonotary Real Esta(t Deputy
4a19
,y,3??
SPEAR & HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN, ESQUIRE
ATTORNEY I.D. NO. 77558
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
COPY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
AFFIDAVIT PURSUANT TO RULE 3129.1
WASHINGTON MUTUAL BANK, FA., Plaintiff in the above action, by its attorney, LAURENCE R.
CHASHIN, ESQUIRE sets forth, as of the date the Praecipe for the `Writ of Execution was filed, the
following information concerning the real property located at 141 RUNNING PUMP ROAD
NEWVILLE, PA 17241:
1. Name and address of Owner(s) or Reputed Owner(s):
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
NONE
4. Name and address of the last recorded holder of every mortgage of record:
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PNC MORTGAGE CORPORATION OF AMERICA
75 NORTH FAIRWAY DRIVE
VERNON HILLS, IL 60061
PNC BANK, N.A.
2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
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:
DOMESTIC RELATIONS
P.O. BOX 320
13 N. HANOVER ST.
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE - LIEN
BUREAU, OF COMPLIANCE
DEPT. 280946
HARRISBURG, PA 17128-0946
ATTENTION: SUE BLOUGH
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1COURTHOUSESQUARE
CARLISLE, PA 17013
CAROLYN MCQUILLEN
TAX COLLECTOR
1044 PINE ROAD
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
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:
TENANT(S)/OCCUPANT(S)
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge, 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.
SPEAR & HOFFM/A.N, P.A./
LA CE R. CHASHIN, ESQUIRE
Attorney for Plaintiff'
SPEAR & HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN, ESQUIRE
ATTORNEY I.D. NO. 77558
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
copy
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-1833
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Your house (real estate) at:
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
is scheduled to be sold at Sheriff's Sale on SEPTEMBER 3, 2003 at:
CUMBERLAND COUNTY COURTHOUSE
2"'D FLOOR, COMMISSIONERS HEARING ROOM
1COURTHOUSESQUARE
CARLISLE, PA 17013-3387
at 10:00 a.m. to enforce the court judgment of $96,588.67 obtained by WASHINGTON MUTUAL
BANK, FA. against you.
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 WASHINGTON MUTUAL BANK, FA. the
amount of the judgment plus costs or the back payments, late charges., costs and reasonable attorney's
fees due. To find out how much you must pay, you may call: 8( 56) 755-1560.
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.
You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened, you may call (717)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 have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff no later than
OCTOBER 3, 2003. This schedule will state who will be receiving the money. The money will be
paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17103
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
SPEAR & HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN, ESQUIRE
ATTORNEY I.D. NO. 77558
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, FA.
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
?
Co
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-1833
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Your house (real estate) at:
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
is scheduled to be sold at Sheriff's Sale on SEPTEMBER 3, 2003 at:
CUMBERLAND COUNTY COURTHOUSE
2ND FLOOR, COMMISSIONERS HEARING ROOM
1COURTHOUSESQUARE
CARLISLE, PA 17013-3387
at 10:00 a.m. to enforce the court judgment of $96,588.67obtained by WASHINGTON MUTUAL
BANK, FA. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHEERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to WASHINGTON MUTUAL BANK, FA, the
amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's
fees due. To find out how much you must pay, you may call: 8( 56) 755-1560.
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 be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
ALL THAT CERTAIN REAL ESTATE LYING AND BEING SITUATE IN NORTH
NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF THE PUBLIC ROAD
KNOWN AS T-328 AT CORNER OF LOT NO. 8 ON A PLAN 01; LOTS HEREINAFTER
REFERRED TO; THENCE BY SAID LOT NO. 8, SOUTH 38 DEGREES 22 MINUTES 11
SECONDS WEST 166.96 FEET TO A POINT ON LINE OF SAID LOT NO. 8 AT CORNER OF
LOT NO. 9 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 9. NORTH 75 DEGREES 35
MINUTES 18 SECONDS WEST 310.36 FEET TO A POINT ON L[NE OF SAID LOT NO. 9 AT
CORNER OF LOT NO. 6 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 6, NORTH 46
DEGREES 07 MINUTES 18 SECONDS EAST 310.63 FEET TO A RAILROAD SPIKE IN THE
CENTERLINE OF THE AFOREMENTIONED PUBLIC ROAD KNOWN AS T-328; THENCE BY
THE CENTERLINE OF SAID PUBLIC ROAD, SOUTH 41 DEGREES 21 MINUTES 34 SECONDS
EAST 83.04 FEET TO A RAILROAD SPIKE; THENCE BY THE ',TAME, SOUTH 51 DEGREES 37
MINUTES 49 SECONDS EAST 160 FEET TO A RAILROAD SPIKE, THE PLACE OF
BEGINNING.
BEING THE SAME PREMISES WHICH CLARENCE CORNMAN, JR., BY DEED DATED
MAY 11, 1993 AND RECORDED JUNE 29, 1993 IN THE RECORDER'S OFFICE IN AND FOR
CUMBERLAND, PENNSYLVANIA IN DEED BOOK VOLUME 36-J PAGE 304, GRANTED AND
CONVEYED UNTO THEM, DAVID A. WAGNER AND TERESA L. WAGNER, HUSBAND AND
WIFE, THE MORTGAGORS HEREIN.
BEING KNOWN AS PROPERTY ADDRESS: 141 RUNNING PUMP ROAD, NEWVILLE, PA 17241
BEING PARCEL NO.: 30-09-0509-011
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
140 02-1833 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA., Plaintiff (s)
From DAVID A. WAGNER AND TERESA L. WAGNER, 141 RUNNING PUMP ROAD,
NEWVILLE, PA 17241
(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 gamishee(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 $96,588.67 L.L.
Interest --- $2,286.72
Arty's Comm % Due Prothy $1.00
Arty Paid $808.09 Other Costs
Plaintiff Paid
Date: APRIL 17, 2003
CURTIS R. LONG
(Seal) Prothon
Deputy
REQUESTING PARTY:
Name LAURENCE R. CHASHIN, ESQUIRE
Address: 1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, N.J. 08034
Attorney for: PLAINTIFF
Telephone: 856-755-1560
Supreme Court ID No. 79294
Real Estate Sale # 05
On April 29, 2003 the sheriff levied upon the
defendant's interest in the real property situated in
North Newton Township, Cumberland County, PA
known and numbered as 141 Running Pump Road,
Newville, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: April 29, 2003 ByJ bC ( dMik?
Real Estate Deputy
(Woe
0
v
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th
day(s) of August 2003. 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
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds it and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION ....
C O P Y Sworn to and ub cribed before th; 13th day of ugust 20 A.D.
SALE #5
Notarial Seal
REAL ESTATE SALE No. 5 Terry L. Russell, Notary Public - 7
Whit No. 2002-1633 City Of Harrisburg, Dauphin Courtly NOTARY PUBLIC
Civil Term
Washington Mutual Bank FA My Commission Expires June 6, 2006 y commission expires June 6, 2006
Vs Member, Pennsylvania Association Ci Notaries
David A. Wagner and
Teresa L. Wagner CUMBERLAND COUNTY SHERIFFS OFFICE
Atty.: Laurence Chashin CUMBERLAND COUNTY COURTHOUSE
DESCRIPTION
ALL THAT CERTAIN real estate lying and CARLISLE, PA. 17013
being situate in North Newton Township,
Cumberland County, Pennsylvania, bounded and
described as follows:
Statement of Advertising Costs
BEGINNINGat a railroad spike in the centerline
of the public road known as T-328 at corner of To THE PATRIOT-NEWS CO., Dr.
Lot No. 8 on a Plan of Lots hereinafter referred For publishing the notice or publication attached
to; thence by said Lot No. 8, South 38 degrees ?2
minutes 1l seconds West 166.96 feet to a point on hereto on the above stated dates $ 224.10
line of said Lot No. 8 at corner of Lot No. 9 on Probating same Notary Fee(s) $ 1.75
said Plan of Lots; thence by said Lot No. 9 North
75 degrees 35 minutes 18 seconds West 310.36 Total $ 225.85
feet to a point on line of said Lot No. 9 at comer
of Lot No. 6 on said Plan of Lots; thence by said
Lot No. 6. North 46 degrees 07 minutes 18
Publisher's Receipt for Advertising Cost
'The Patriot News Co. , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledg e receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By ................................... . .................
,ceonds Eaat ?I0.b; [eel L, a railroad spike in the
centerline of the aforementioned public road
known as T-328; thence by the centerline of said
public road, South 41 degrees 21 minutes 34
seconds East 83.04 feet to a railroad spike; thence
by the same, South 51 degrees 37 minutes 49
seconds East 160 feet to a railroad spike, the
Place of BEGINNING.
BEING THE SAME PREMISES which
Clarence Comman, Jr., by deed dated May 11.
1993 and recorded June 29, 1993 in the
Recorder's Office in and for Cumberland,
Pennsylvania in Deed Book Volume 36-J Page
304, granted and conveyed unto them, David A.
Wagner and Teresa L. Wagner, husband and wife,
the mortgagors herein.
BEING KNOWN as property address: 141
Running Pump Road, Newville, PA 17241.
BEING Parcel No.: 30-09-0509-011.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
.Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
:issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 18, 25, 2003 AUGUST 1, 2003
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.
REAL ESTATE SALE NO. S
Writ No. 2002-1833 Civil
Washington Mutual Bank, F.A.
vs.
David A. Wagner and
Teresa L. Wagner
Atty.: Laurence Chashin
ALL THAT CERTAIN real estate
lying and being situate in North New-
ton Township, Cumberland County,
Pennsylvania, bounded and described
as follows:
BEGINNING at a railroad spike
in the centerline of the public road
known as T-328 at corner of Lot No.
8 on a Plan of Lots hereinafter re-
ferred to; thence by said Lot No. 8,
South 38 degrees 22 minutes 11
seconds West 166.96 feet to a point
on line of said Lot No. 8 at corner of
Lot No. 9 on said Plan of Lots;
thence by said Lot No. 9. North 75
deorPPs 35 minutes 18 seconds
Marie Coyne,
SWORN TO AND SUBSCRIBED before me this
1 day of AUGUST, 2003
NbtM SEAL, U
GWOSW EC.-D, ~'J
my 5.
West 310.36 feet to a point on line
of said Lot No. 9 at corner of Lot
No. 6 on said Plan of Lots; thence
by said Lot No. 6, North 46 degrees
07 minutes 18 seconds East 310.63
feet to a railroad spike in the
centerline of the aforementioned
public road known as T-328: thence
by the centerline of said public
road, South 41 degrees 21 minutes
34 seconds East 83.04 feet to a
railroad spike; thence by the same,
South 51 degrees 37 minutes 49
seconds East 160 feet to a railroad
spike, the place of beginning.
BEING the same premises which
Clarence Cornman, Jr., by Deed
dated May 11. 1993 and recorded
June 29, 1993 in the Recorder's
Office in and for Cumberland, Penn-
sylvania in Deed Book Volume 36-J
Page 304, granted and conveyed unto
them, David A. Wagner and Teresa
L. Wagner, husband and wife, the
mortgagors herein.
BEING KNOWN AS property ad-
dress: 141 Running Pump Road, New-
ville, PA 17241.
BEING PARCEL NO.: 30-09-
0509-011.
h?F?
Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
PLAINTIFF'S PETITION TO REASSESS DAMAGES
1. Plaintiff filed its Complaint in Mortgage Foreclosure in the instant matter on April 15,
2002.
2. On June 11, 2002, default judgment was entered against each Defendant in the amount
of $96,588.67.
3. A sheriff sale of real property in the above-captioned matter will be scheduled for the next
available sale date as deemed by the Cumberland County Sheriffs Office.
4. As a result of the passage of time since the filing of the Complaint and the entry of
judgment, additional damages have accrued and will continue to accrue to the date of sale in
accordance with the terms of the Note and Mortgage upon which this action and judgment are based.
5. The additional damages which have accrued to date and which will continue to accrue to
the date of sale as aforesaid result in total damages as follows:
Principal Balance $87,207.14
Interest to November 25, 2003
calculated at a rate of 6.875% per annum $15,399.35
Escrow/Impound Overdraft $ 5,530.98
Recoverable Balance $13,879.41
Unpaid Late Charges and/or Other Outstanding; Fees $ 1,295.24
Attorney Fees $ 1,250.00
Attorney Costs $ 585.00
Attorney Preparation Fee $ 250.00
TOTAL $125,397.12
6. The reassessment of damages in this foreclosure action will in no way prejudice
Defendants, as they were properly served and noticed and have riot contested this foreclosure action.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess damages in
the amount of $125,397.12, plus costs of suit.
SPEAR AND HOFFMAN, P.A.
BY4?-
BONNIE DAHL, ESQUIItE
Attorney for Petitioner
VERIFICATION
I hereby verify that the facts set forth in the foregoing Petition to Reassess Damages are true
and correct to the best of my knowledge, information and belief I understand that false statements
knowingly made herein are subject to the penalties of 18 Pa. C, S. Section 4904 relating to unsworn
falsification to authorities.
SPEAR AND HOFFMAN, P.A.
?
BY: /111J
BONNIE DAHL, ESQUIRE
Attorney for Petitioner
Dated: November 11, 2003
Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF
ITS PETITION TO REASSESS DAMAGES
Due to the accrual of interest and late charges from the date ofjudgment to the scheduled sale
date and advances made by Plaintiff for real estate taxes and insurance since the filing of the
Complaint, the judgment taken by Plaintiff has been rendered insufficient and inaccurate. This
insufficiency has resulted from the passage of time and lack of payments made. In order to update
and correct the judgment previously entered, the following items must be adjusted in accordance
with the terms of the mortgage and the averments and the prayer of the Complaint:
Additional interest must be added at the annual rate of 6.875 %, as set for in the mortgage
and the Petition. Late charges since the entry of judgment must also be added. These charges are
currently calculated at $29.82 per month. Increases in the escrow deficit and other costs incurred
by Plaintiff must be added as specifically set forth in the Petition. Finally, additional costs of suit
must be added. The charges for all of the above-referenced items are specifically allowed by the
Note and Mortgage executed by Defendants. Stendardo v. Federal National Mortgage Association,
991 F2d 1089 (3rd Cir. 1993).
Plaintiff s mortgage given to it by Defendants entitled Plaintiff to pay all real estate taxes,
fire insurance premiums, etc. in order to protect its security, being he mortgaged premises and to be
reimbursed for such payment.
The attorney fees requested herein are reasonable.
If there is a successful third-party bidder at the Sheriff Sale which will be scheduled in this
matter for the next available sale date as deemed by the Cumberland County Sheriffs Office,
Plaintiff would not receive from the Sheriff s distribution of sale proceeds that amount to which it
is entitled pursuant to the note and mortgage if the instant Petition is not granted. Moreover,
Defendants would in no way be prejudiced by the reassessment of damages, since the instant action
is purely an in rem proceeding. Finally, Defendants would be protected against the possibility of any
deficiency judgment in the event of a third-party purchaser at the Sheriff Sale. Therefore, Plaintiff
respectfully requests that this Honorable court reassess damages IN REM in the amount of
$125,397.12.
Respectfully submitted,
SPEAR AND HOFFMAN, P.A.
BY: -
BONNIE DAHL, ESQUIRE
Attorney for Petitioner
Dated: November 11, 2003
Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
CERTIFICATE OF SERVICE
I, Bonnie Dahl, Esquire, of SPEAR AND HOFFMAN, P.A., attorneys for Plaintiff,
WASHINGTON MUTUAL BANK, FA., hereby certify that a true and correct copy of the foregoing
Petition to Reassess Damages was sent by first class mail, postage prepaid, to Defendants at the
following last known addresses:
DAVID A. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
TERESA L. WAGNER
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
BY:7
BONNIE DAHL, ESQUIRE
Attorney for Petitioner
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NOV 1 8 2003
Spear & Hoffman, P.A.
BY: Bonnie Dahl, Esquire
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, NJ, 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-1833
DAVID A. WAGNER AND
TERESA L. WAGNER
DEFENDANTS
• ORDER
AND NOW, this day of 2003, after consideration
of the Petition for Reassessment of Damages filed on behalf' of Plaintiff in the above-captioned
matter, damages are hereby reassessed as follows:
Principal Balance $87,207.14
Interest to November 25, 2003
calculated at a rate of 6.875% per annum $15,399.35
Escrow/Impound Overdraft $ 5,530.98
Recoverable Balance $13,879.41
Unpaid Late Charges and/or Other Outstanding; Fees $ 1,295.24
Attorney Fees $ 1,250.00
Attorney Costs $ 585.00
Attorney Preparation Fee $ 250.00
TOTAL 97.12
J.
V,NNA7A-PNN3d
Spear & Hoffman, P.A.
KEVIN DISKIN, ESQUIRE
Attorney I.D. No. 86727
1020 N. Kings Highway, Suite 210
Cherry Hill, NJ. 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
DAVID A. WAGNER AND
TERESA L. WAGNER
Defendant
DOCKET NO. 02-1833
CERTIFICATION OF NOTICE TO LIEN HOLDERS
PURSUANT TO PA R.C.P. 3129.2 (C) (2)
I, KEVIN DISKIN, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was
served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129. 1, by United States
mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as
Exhibit "A".
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. Section 4904.
Respectfully submitted,
SPEAR & HOFFMAN, P.A.
BY: ??l %
KEVIN DISKIN, ESQUIRE
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FEDERMAN AND PHELAN, LLP
By: Frank Federman, Esquire, Id. No. 12248
Lawrence T. Phelan, Esquire, Id. No. 32227
Francis S. Hallman, Esquire, Id. No. 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Washington Mutual Bank, FA : COURT OF COMMON PLEAS
Cumberland COUNTY
VS.
CIVIL ACTION
No. 02-1833
David A. Wagner
Teresa L. Wagner
To the Prothonotary:
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Plaintiff, Washington Mutual Bank, FA, in the
above captioned action.
L / FEDtFFEDERM A P LLLP? -?
Date: 9'y 7 By:
A N, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
?<
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C_ Jn
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FEDERMAN AND PHELAN, LLP
By: Frank Federman, Esquire, Id. No. 12248
Lawrence T. Phelan, Esquire, Id. No. 32227
Francis S. Hallinan, Esquire, Id. No. 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Washington Mutual Bank, FA
COURT OF COMMON PLEAS
Cumberland COUNTY
VS.
David A. Wagner
Teresa L. Wagner
CIVIL ACTION
NO. 02-1833
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Entry of Appearance was sent via
first class mail, postage prepaid, to the following on the date indicated below:
David A. Wagner
141 Running Pump
Newville, PA 17241
Teresa L. Wagner
141 Running Pump
Newville. PA 17241
Date: J/ 2
By:
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
WASHINGTON MUTUAL BANK, FA.
Plaintiff,
V.
No. 2002-1833
DAVID A. WAGNER
TERESA L. WAGNER
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due $105,738.20
Interest from 6/11/02-9/8/04 $13,156.66 and Costs
(per diem -$17.38)
TOTAL $118,894.86
0A Y"
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
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SC MULE "A"
ALL THAT CERTAIN REAL ESTATE LYING AND BRING SITUATE IN NORTH
NEWTON TOWNSHIP, C MBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF THE PUBLIC
ROAD KNOWN AS T-326 AT CORNER OF LOT NO. a ON A PLAN OF LOTS
HEREINAFTER REFERRED TO; THENCE BY SAID LOT NO. 8, SOUTH 38
DEORBRS 22 MINUTES 11 SECONDS WEST 166.96 FEET TO A POINT ON LINE
OF SAID LOT NO. 8 AT CORNER OF LOT NO. 9 ON SAID PLAN OF LOTS;
THENCE BY SAID LOT NO. 9, NORTH 75 DEGREES 35 MINUTES 18 SECONDS
WEST 310.36 FEET TO A POINT ON LINE OF SAID LOT NO. 9 AT CORNER
OF LOT NO. 6 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 6,
NORTH 46 DEGREES 07 MINUTES 18 SECONDS EAST 310.63 FEET TO A
RAILROAD SPIKE IN THE CENTERLINE OF THE AFOREMENTIONED PUBLIC
ROAD KNOWN AS T-328; THENCE BY THE CENTERLINE OF SAID PUBLIC
ROAD, SOUTH 41 DEGREES 21 MINUTES 34 SECONDS EAST 63.04 FEET TO A
RAILROAD SPIKE; THENCE BY THE SAME, SOUTH 51 DEGREES 37 MINUTES
49 SECONDS EAST 160 FEET TO A RAILROAD SPIKE, THE PLACE OF
BEGINNING.
BEING THE SAME PROPERTY CONVEYED TO DAVID A. WAGNER AND TERESA L.
WAGNER, HUSBAND AND WIFE BY DEED FROM CLARENCE CARNNAN, JR.,
UNMARRIED RECORDED 06/29/1993 IN D® BOOK 36/J PAGE 304
TAX ID4 30-09-0509-011
ORDER NO. 1543471
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1833 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA., Plaintiff (s)
From DAVID A. WAGNER AND TERESA L. 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 gamishee(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 $105,738.20
L.L.
Interest FROM 6/11/02-918104 (PER DIEM - $17.38) - $13,156.66 AND COSTS
Atty's Comm %
Atty Paid $1,505.91
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: APRIL 16, 2004
(Seal)
CURTIS R. LONG
Prothono%t?
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Deputy
Supreme Court ID No. 12248
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, FA.
Plaintiff,
v.
DAVID A. WAGNER
TERESA L. WAGNER
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 2002-1833
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
A" ? P)_0 h_ r,-* DA
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA.
V.
Plaintiff,
DAVID A. WAGNER
TERESA L. WAGNER
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 2002-1833
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WASHINGTON MUTUAL BANK, FA., Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at, 141 RUNNING PUMP ROAD,
NEWVILLE, PA 17241.
1. Name and address of Owner(s) or reputed Owner(s):
Name
DAVID A. WAGNER
TERESA L. WAGNER
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
Same as above
Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
PNC BANK, N.A. 2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
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. Sec. 4904 relating to unsworn falsification to authorities.
April 15, 2004 NA Q n A 0 h m_ a ."
DATE FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
USBC PAM - LIVE - V2.3 - Docket Report Page 1 of 2
CLOSED
U.S. Bankruptcy Court
Middle District of Pennsylvania (Harrisburg)
Bankruptcy Petition #: 1:01-bk-04793-RJW
Assigned to: Robert J. Woodside
Chapter 7
Voluntary
No asset
David A Wagner
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
SSN:xxx-xx-0986
Debtor
Teresa L Wagner
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
SSN: xxx-xx-9330
Joint Debtor
Markian R Slobodian (Trustee)
801 North Second Street
Harrisburg, PA 17102
717 232-5180
Trustee
Filing Date #
Date Filed: 09/04/2001
Date Terminated:
02/26/2002
Date Discharged:
12/12/2001
represented by Matthew J. Eshelman
Law Offices of Patrick J. Lauer, Jr
2108 MARKET STREET
CAMP HILL, PA 17011
717 763-1800
represented by Matthew J. Eshelman
(See above for address)
Docket Text
09/04/2001 1 VOLUNTARY PETITION under Chapter 7, Matrix and all
Schedules/Statements , [KZ], ORIGINAL NIBS DOCKET
ENTRY #1 (Entered: 09/04/2001)
09/24/2001 2 CERTIFICATE OF MAILING of notice of 341 meeting., [CR],
ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 09/24/2001)
10/15/2001 3 341 meeting held., [CR], ORIGINAL NIBS DOCKET ENTRY #3
(Entered: 1011512001)
https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl? 1 683 75 073 2795 5 1-L_82_0-1 4/14/2004
USBC PAM - LIVE - V2.3 - Docket Report Page 2 of 2
10/16/2001 4 FINAL REPORT of Trustee in No Asset Case, [CR], ORIGINAL
N113S DOCKET ENTRY #4 (Entered: 10/17/2001)
11/26/2001 5 REAFFIRMATION AGREEMENT between Debtor and PNC
BANK, NATIONAL ASSOCIATION, [DR], ORIGINAL NIBS
DOCKET ENTRY #5 (Entered: 11/26/2001)
12/03/2001 6 MOTION for relief from stay by WASHINGTON MUTUAL
BANK, as Service for FEDERAL HOME LOAN MORTGAGE
CORP. paid 12/03/01 #576650 $75.00 [Disposed] [Entered:
12/03/01], [DR]
CERTIFICATE OF NON-CONCURRENCE, [DR], ORIGINAL
NIBS DOCKET ENTRY #6 (Entered: 12/03/2001)
12/03/2001 7 ORDER that answers are due on 12/26/01 Re: Item # 6, [DR],
ORIGINAL NIBS DOCKET ENTRY #7 (Entered: 12/03/2001)
12/10/2001 8 CERTIFICATE of service Re: Item # 7, [KZ], ORIGINAL NIBS
DOCKET ENTRY #8 (Entered: 12/10/2001)
12/17/2001 9 DISCHARGE of Debtor[s]. Certificate of Mailing. , [NP],
ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 12/17/2001)
01/09/2002 10 MOTION for default judgment Re: Item # 6 [Disposed], [CR],
ORIGINAL NIBS DOCKET ENTRY #10 (Entered: 01/09/2002)
01/09/2002 11 ORDER granting default judgment Re: Item # 10 [Entered:
01/09/02], [CR]
ORDER granting relief from stay Re: Item # 6, [CR], ORIGINAL
NIBS DOCKET ENTRY #11 (Entered: 01/09/2002)
03/01/2002 12 FINAL Decree. Certificate of Service., [NP], ORIGINAL NIBS
DOCKET ENTRY #12 (Entered: 03/01/2002)
PACER Service Center
Transaction Receipt
I 04/14/2004 16:06:36
(PACER Login: IIfp0039 IIC]ient Code:
IDescription: IlDocket Report IlCase Number: II1:01-bk-0479340W I
(Billable Pages: III IlCost: 110.07 I
https://ecfpamb.uscourts.gov/cgi-bin/DktRpt.pl? 168375073279551-L_82_0-1 4/14/2004
WASHINGTON MUTUAL BANK, FA.
Plaintiff,
V.
DAVID A. WAGNER
TERESA L. WAGNER
Defendant(s).
CUMBERLAND COUNTY
No. 2002-1833
April 15, 2004
TO: DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY **
Your house (real estate) at, 141 RUNNING PUMP ROAD, NEWVILLE, PA 17241, is
scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$105,738.20 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
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. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 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 have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SCHEDULE "A"
ALL THAT CERTAIN REAL ESTATE LYING AND BEING SITUATE IN NORTH
NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF THE PUBLIC
ROAD KNOWN AS T-328 AT CORNER OF LOT NO. 8 ON A PLAN OF LOTS
HEREINAFTER REFERRED TO; THENCE BY SAID LOT NO. 8, SOUTH 38
DEGREES 22 MINUTES 11 SECONDS WEST 166.96 FEET TO A POINT ON LINE
OF SAID LOT NO. 8 AT CORNER OF LIDT NO. 9 ON SAID PLAN OF LOTS;
THENCE BY SAID LOT NO. 9, NORTH 75 DEGREES 35 MINUTES 16 SECONDS
WEST 310.36 FEET TO A POINT ON LINE OF SAID LOT NO. 9 AT CORNER
OF LOT NO. 6 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 6,
NORTH 46 DEGREES 07 MINUTES 18 SECONDS EAST 310.63 PERT TO A
RAILROAD SPIKE IN THE CENTERLINE OF THE AFOREMENTIONED PUBLIC
ROAD KNOWN AS T-328; THENCE BY TUB CENTERLINE OF SAID PUBLIC
ROAD, SOUTH 41 DEGREES 21 MINUTES 34 SECONDS EAST 83.04 FEET TO A
RAILROAD SPIKE; THENCE BY THE SAME, SOUTH 51 DEGREES 37 MINUTES
49 SECONDS EAST 160 FEET TO A RAILROAD SPIKE, THE PLACE OF
BEGINNING.
BRING THE SAME PROPERTY CONVEYED TO DAVID A. WAGNER AND TERESA L.
WAGNER, HUSBAND AND WIFE BY DEED FROM CLARENCE CARNMAN, JR.,
UNMARRIRD RECORDED 0612911993 IN DEED BOOK 36/,T PAGE 304
TAX IDS 30-09-0509-011
ORDER NO. 1543471
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WASHINGTON MUTUAL BANK, FA. ) CIVIL ACTION
VS.
DAVID A. WAGNER ) CIVIL DIVISION
TERESA L. WAGNER ) NO. 2002-1833
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND ) SS:
I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL
BANK, F.A. hereby verify that on April 19, 2004 true and correct copies of the Notice of
Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any
known interested party see Exhibit "A" attached hereto.
DATE: August 12. 2004
?s ups i h-L
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby
the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having
said grantee on the 8th day of Dee A.D., 2004, under and by virtue of a writ Execution
16th day of April, A.D., 2004, out of the Court of Common Pleas of said County as of Civil
Number 1833, at the suit of Washington Mutual Bank FA against
recorded in Sheriff's Deed Book No. 266, Page 4172.
IN TESTIMONY WHEREOF, I have hereunto
and seal of said office this v 07
atu? , A.1)2004
33
tify that
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on the
erm, 2002
is duly
hand
day of
'Deeds
Cafte, PA
r d Jan 200!
Washington Mutual Bank, FA In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
David A. Wagner and Teresa L. Wagner Writ No. 2002-1833 Civil Term
Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on
June 25, 2004 at 4:35 o'clock PM, he served a true copy of the within Real Estate W it,
Notice of Sheriffs Sale and Description, in the above entitled action, upon the within
named defendants, to wit: David A. Wagner and Teresa L. Wagner, by making kno
unto David A. Wagner, personally and husband of Teresa L. Wagner, at 65 Springfiel
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.
Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states th t
on July 16, 2004 at 8:48 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 o
David A. Wagner and Teresa L. Wagner located at 141 Running Pump Road,
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
defendants, to wit: David A. Wagner and Teresa L. Wagner, by regular mail to their la t
known address of 65 Springfield Road, Shippensburg, PA 17257. These letters were
mailed under the date of July 13, 2004 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 December 08, 2004 at 10:00 o'clock A.M. He sold the same f
the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage
Corporation. It being the highest bid and best price received for the same, Federal Home
Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna,
VA 22183-5000, being the buyers in this execution, paid to Sheriff R. Thomas Kline the
sum of $783.52, it being costs.
Sheriffs Costs:
Docketing $30.00
Poundage 15.36
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
Prothonotary 1.00
Mileage 22.88
Levy 15.00
Postpone Sale 20.00
Surcharge 30.00
Law Journal 242.15
Patriot News 242.14
Share of Bills 30.49
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 783.52
Sworn and subscribed to before me
This y ut day of
200d"A.D. P
rothonotary
So Answers:
R. Thomas Kline, Sheriff
BY C' SY1d?U.1_
Real EstatelDeputy
30,
'0
x'-12. ySdo'
r ?
t?
WASHINGTON MUTUAL BANK, FA. ,
Plaintiff,
V.
DAVID A. WAGNER
TERESA L. WAGNER
Defendant(s).
CUMBERLAND COUN
COURT OF COMMON
CIVIL DIVISION
NO. 2002-1833
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WASHINGTON MUTUAL BANK, FA., Plaintiff in the above action, by its attorney, RANK
FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Executio was filed the
following information concerning the real property located at 141 RUNNING PUMP OAD
NEWVILLE, PA 17241.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot
reasonably ascertained, please indicate)
DAVID A. WAGNER
TERESA L. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record li?n on the real
property to be sold:
Name
Last Known Address (if address cannot
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address
reasonably ascertained, please it
PNC BANK, N.A. 2730 LIBERTY AVENUE
PITTSBURGH, PA 15222
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address
reasonably ascertained, please it
None
6. Name and address of every other person who has any record interest in the property
interest may be affected by the sale.
Name
None
Last Known Address (if address cannot
reasonably ascertained, please indicate)
be
be
whose
7. Name and address of every other person of whom the plaintiff has knowledge who has
the property which may be affected by the sale:
Name
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Last Known Address (if address cannot
reasonably ascertained, please indicate)
141 RUNNING PUMP ROAD
NEWVILLE, PA 17241
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
1 verify that the statements made in this affidavit are true and correct to the best of in
knowledge or information and belief. I understand that false statements herein are made su
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
April 15.2004
DATE FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
interest in
to the
it
WASHINGTON MUTUAL BANK, FA.
Plaintiff,
V.
DAVID A. WAGNER
TERESA L. WAGNER
Defendant(s).
TO: DAVID A. WAGNER
65 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
CUMBERLAND
No. 2002-1833
April 15, 2004
TERESA L. WAGNER
65 SPRINGFIELD ROA
SHIPPENSBURG, PA 1
* *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY IN RMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DIS ARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CO STRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERT . * *
Your house (real estate) at, 141 RUNNING PUMP ROAD, NEWVILLE, PA
scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judl
$105,738.20 obtained by WASHINGTON MUTUAL BANK, FA. (the mortgagee) ag
event the sale is continued, an announcement will be made at said sale in compliance w
Rule 3129.3.
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 cancelled if you pay to the mortgagee the back paymei
costs and reasonable attorney's fees due. To find out how much you in
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to
judgment, if the judgment was improperly entered. You may also ask tl
postpone the sale for good cause.
cut of
st you. In the
Pa.R.C.P.,
late charges,
pay, you may
or open the
rt to
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,
you will have of stopping the sale. (See notice on page two on how to obtain an atto
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 bi
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was
inadequate compared to the value of your property.
more chance
3. The sale will go through only if the buyer pays the Sheriff the full amount due
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceed
you.
6. You may be entitled to a share of the money which was paid for your house. A
distribution of the money bid for your house will be filed by the Sheriff within 30 days of
schedule will state who will be receiving that money. The money will be paid out in acco
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home
immediately after the sale.
You may
the sale. To
of the
Sheriff
to evict
.edule of
sale. This
ice with
h the
if you act
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 OFFICILISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SCIMULE "A"
ALL THAT CERTAIN REAL ESTATE LYING AND BEING SITUATE IN NORTH
NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF THE PUBLIC
ROAD KNOWN AS T-320 AT CORNER OF LOT MO. 8 ON A PLAN OF LOTS
HEREINAFTER REFERRED TO; THENCE BY SAID LOT NO. B, SOUTH 38
DEGREES 22 MINUTES 11 SECONDS WEST 166.96 FEET TO A POINT ON LINE
OF SAID LOT NO. B AT CORNER OF LOT NO. 9 ON SAID PLAN OF LOTS;
THENCE BY SAID LOT NO. 9, NORTH 75 DEGREES 35 MINUTES 10 SECONDS
WEST 310.36 FEET TO A POINT ON LINE OF SAID LOT NO. 9 AT CORNER
OF LOT NO. 6 ON SAID PLAN OF LOTS; THENCE BY SAID LOT NO. 6,
NORTH 46 DEGREES 07 MINUTES 19 SECONDS EAST 310.63 FEET TO A
RAILROAD SPIKE IN THE CENTERLINE OF THE AFOREMENTIONED PUBLIC
ROAD KNOWN AS T-320; THENCE BY THE CENTERLINE OF SAID PUBLIC
ROAD, SOUTH 41 DEGREES 21 MINUTES 34 SECONDS FAST 83.04 FEET TO A
RAILROAD SPIKE; THENCE BY THE SAME, SOUTH 51 DEGREES 37 MINUTES
49 SECONDS FAST 160 FEET TO A RAILROAD SPIKE, THE PLACE OF
BEGINNING.
BEING THE SAME PROPERTY CONVEYED TO DAVID A. WAGNER AND TEREBA L.
WAGNER, HUSBAND AND WIFE BY DE® FROM CLARENCE CARNMAN, JR.,
UNMARRIED RECORDED 06129/1993 IN DECD BOOK 36/9 PAGE 304
TAX IDR 30-09-0509-011
ORDER NO. 1543471
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1833 Civil
CIVIL ACTION-
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA., Plaintiff i
From DAVID A. WAGNER AND TERESA L. 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 gamishee(s) is enjoined frc
paying any debt to or for the account of the defendant (s) and from delivering any property of the defend
(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
garnishee and is enjoined as above stated.
Amount Due $105,738.20
L.L.
Interest FROM 6/11/02-9/8/04 (PER DIEM - $17.38) - $13,156.66 AND COSTS
Atty's Comm %
Arty Paid $1,505.91
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: APRIL 16, 2004
(Seal)
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
CURTIS R. LONG
Deputy
Telephone: 215-563-7000
Supreme Court ID No. 12248
Real Estate Sale #20
On May 18, 2004 the sheriff levied upon the
defendant's interest in the real property situated in
North Newton Township, Cumberland County, PA
Known and numbered as 141 Running Pump Road
Shippensburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 18, 2004
By: \161 ?, ? tl
Real Est e Deputy
mt Z
C.%
A qwi
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot New: Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal cffice 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 eirc elation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-:news and The Sunday Patriot-News were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th
day(s) of August 2004. 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
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
'Volume 14, Page 317.
PUBLICATION ,,...... ??
COPY Sworn to and subscribed before 23rd day of A gust 2?4 A.D.
,w dii* S A L E #20 NOTARIAL SEAL
Terry L. Russell, Noiaratti is . %?
REAL ESTATE SALE No. 20 Gty of Harrisburg, Douphip- =? -
Writ No. 2002-1833 My Commission Expires June b, 200 TA PUBLIC
CIvII Term Member, Pennsylvania As social i*PtWtitftfq*ssion expires June 6, 2006
Washington Mutual Bank, FA
Vs
David A. Wagner and CUMBERLAND COUNTY SHERIFFS OFFICE
Teresa L. Wagner CUMBERLAND COUNTY COURTHOUSE
Atty. Frank Federman CARLISLE, PA. 17013
DESCRIPTION
ALL TIiAT CERTAIN real estate lying and Statement of Advertising Costs
being situate in North Newton Township,
Cumberland County, Pennsylvania, bounded and
described as follows: To THE PATRIOT-NEWS CO.
BEGINNING at a railroad spike in the
centerline of the pub-lic road known as T•328 at For publishing the notice or publication attached
corner of Lot No. 8 on a Plan of Lots hereinafter hereto on the above stated dates 242.14
referred to; thence by said Lot No. 8, south 38
degrees 22 minutes 11 seconds west 166.96 feet
f
to a point on line of said Lot No. 8 at comer o
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
Lot No. 9 on said Plan of Lots; thence by said Lot
No. 9, north 75 degrees 35 minutes 18 seconds
west 310.36 feet to a point on line of said Lot No.
9 at comer of Lot No. 6 on said Plan of Lots;
thence by said Lot No. 6, north 46 degrees 07
minutes 18 seconds east 310.63 feet to a railroad
spike in the centerline of the aforementioned
public road known as T-32k thence by the
centerline of said public road, south 41 degrees 21
minutes 34 seconds east 83.04 feet to a railroad
spike; thence by the same, south 51 degrees 37
minutes 49 seconds east 160 feet to a railroad
spike, the place of BEGINNING.
By ....................................................................
BEING the same property conveyed to David
A. Wagner and Teresa L. Wagner, husband and
vAk by Deed imm C Z Darmrfa. jr..
moadid 06I29V1993 m Deed Book
3611 Page 304.
TAX lla #30.09-0509-011.
ORDER NO, 543471.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 16, 23, 30, 2004
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.
REAL ESTATE SALE NO. 20
Writ No. 2002-1833 Civil
Washington Mutual Bank, FA
vs.
David A. Wagner and
Teresa L. Wagner
Atty.: Frank Federman
SCHEDULE "A"
ALL THAT CERTAIN real estate
lying and being situate in North New-
ton Township, Cumberland County,
Pennsylvania, bounded and de-
scribed as follows:
BEGINNING at a railroad spike
in the centerline of the public road
known as T-328 at corner of Lot
No. 8 on a plan of lots hereinafter
referred to; thence by said Lot No.
8, South 38 degrees 22 minutes 11
seconds West 166.96 feet to a point
on line of said Lot No. 8 at corner of
Lot No. 9 on said plan of lots; thence
by said Lot No. 9, North 75 degrees
35 minutes 18 seconds West 310.36
feet to a point on line of said Lot
No. 9 at corner of Lot No. 6 on said
sa Marie Coyne Editor
SWORN TO AND SUBSCRIBED before me this
30 day of JULY 2004
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2005
plan of lots; thence by said Lot No.
6, North 46 degrees 07 minutes 18
seconds East 310.63 feet to a rail-
road spike in the centerline of the
aforementioned public road known
as T-328; thence by the centerline
of said public road, South 41 de-
grees 21 minutes 34 seconds East
83.04 feet to a railroad spike; thence
by the same, South 51 degrees 37
minutes 49 seconds East 160 feet
to a railroad spike, the place of be-
ginning.
BEING the same property con-
veyed to David A. Wagner and
Teresa L. Wagner, husband and wife
by Deed from Clarence Carnman,
Jr., unmarried recorded 06/29/
1993 in Deed Book 36/J Page 304.
TAX ID #30-09-0509-011.
ORDER NO. 1543471.