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Home My WebLink About00-02158 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs, No, 00 - :J/~R COI.{~~ ROBERT A. MCALLISTER AlKfA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants NOTICE r\ 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, Pennsylvania 17013 Telephone: (717) 249-3166 "-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs, No, ROBERT A. MCALLISTER A1K1A ROBERT MCALLISTER SARAH R. MCALLISTER AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso, Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante, USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 U5TED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION E5CRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER A515TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 -'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs, No, 0'0- ;05r ~ -r~ ROBERT A. MCALLISTER NKJA ROBERT MCALLISTER SARAH R MCALLISTER COMPLAINT AND NOW, comes Plaintiff York Federal Savings and Loan Association, by and through its attorney, Benjamin F, Riggs, Jr., and complains of Defendants Robert A. Mcallister, a/kfa Robert Mcallister and Sarah R Mcallister, as follows: Parties 1, The Plaintiff is the YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 101 South George Street, York, Pennsylvania, 2, The Defendants are Robert A. Mcallister, a/kfa Robert Mcallister and Sarah R Mcallister who are adult individuals residing at RR #1, Box 1277, Elliottsburg, Perry County, Pennsylvania 17024, and they are the mortgagors and real owners of the Mortgaged Premises located at 202 South Bridge Street, New Cumberland , Cumberland County, Pennsylvania 17070, having acquired title by Deed dated May 21, 1996, and recorded on June 6, 1996, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 140, Page 555, Mortgage 3, On or about May 22, 1996, Defendants made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on June 6, 1996 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1324, Page 382, A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A", ~,~ , , , ,-. ~ Assignments 4, There have been no assignments of said Mortgage, Default 5, Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from November 1, 1999 through the date of filing this Complaint as required by the terms of the Mortgage, Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to November 1, 1999, 6, Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions, 7, By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance, , , , , , , , , , , , , , , , $85,535,75 I nterest from 10/1/99 to 4/3/00 (inclusive) at $20.9621 per diem, , , , , , , , $ 3,112,52 Late Charges from 10/1/99 to 4/3/00 (inclusive) at $35,14 per month, , , , , , , , , , , , $ 175,70 Attorney's Commission 5% "",'.."", $ 4,276,79 TOTAL AMOUNT DUE $93,100,76 Inapplicability of Homeowners' Emergency Assistance Act 8, This Action is not subject to the provisions of Pennsylvania's Homeowners' Emergency Assistance Act, Act of December 23, 1983, P,L. 385, No, 91 (35 P,S, 9 1680A01c et seq,), as amended, nor are notices required to be sent to Defendant(s) pursuant to said Act, because, said Mortgaged Premises is not the principal residence of Defendant(s), Inapplicability of Loan Interest and Protection Law 9, This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P,L. 13, No, 6 (41 P,S, 9 101 et seq,), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. -". .!~- " . WHEREFORE, Plaintiff York Federal Savings and Loan Association prays for judgment in its favor and against Defendants Robert A, Mcallister, a/kla Robert Mcallister and Sarah R. Mcallister in the amount of Ninety Three Thousand One Hundred and 75/100 Dollars ($93,100.75), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $20,9621 per diem, from 4/4/00, late charges at 5% of the monthly payment amount, currently $35,14 per month from 4/4/00, escrow charges, currently $153,48 per month from 4/4/00, attorney's fees, costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate, By I/v Benjamin F, Riggs, Jr, Attorney for Plaintiff 101 S, George Street P,O, Box 15068 York, PA 17405-7068 Phone: (717) 846-8777 X2309 1.0, No, 72030 n_~ ,~ ~ 1>1 (51? 7, f) C$"Lf35' RO~EnT~. Z!EGLtK RECORDER Of DEEDS r;UMBERLAND COUNiY - f'A '96 J@ ,. 6 Arll1 211 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on MAY 22, 1996 The mortgagor is ROBERT A MCALLISTER and SARAH R MCALLISTER York Federal Savings and Loan Association which is organized and existing under the laws of THE UNITED STATES OF AMERICA 101 South George Street, PO Box 15068, York, PA 17405-7068 ("Borrower"), This Security Instrument is given to , and whose address is ("Lender"). Borrower owes Lender the principal swn of EIGHTY-EIGHT THOUSAND AND NO/1 00************************************************ *** DoIlars (V,S, $ 88,000.00 ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JUNE I, 2026 , This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other swns, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the penonnance of Borrower's covenants jUld agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND ~ cdU-!~.~,1l County, Pennsylvania: which has the address of 202 SOUTH BRIDGE STREET [Street] 17070 ("Property Address"); [Zip Code] NEW CUMBERLAND [City] Pennsylvania PENNSYLVANIA -- Single Family-- Fannie MaelFreddie Mac UNIFORM INSTRUMENT ITEM 1950L 1 (9211) Docld 0000000944 BooK1324 PAGE, 382 Form 3039 9/90 (page 1 of 6 pages) Great lakas Business Forms, Inc. . To Order Call: H0G-53D-9393 o FAX 616-791-1131 ACCT# 160065435 - . ~ - TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grllIlt and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, 1HIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in ,accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premIums. These items are called "Escrow Items," Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlenlent Procedures Act of 1974 as amended from time to time, 12 U.S,C, ~ 2601 et seq, ("RESPA"), unless another law that applies to the Funds sets a lesser amount If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in an instimtion whose deposits are insured by a federal agency, instrumentality, or entity (including l.e11der, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items, Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower' interest on the Funds and applicable law pennits Lender to make such a charge, However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise, Unless an agreement is !1lllI1e or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writiog, however, that interest shall be paid on the Funds, Lender shall give to Borrower, withont charge, an annnal accountiog of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was !1lllI1e, The Funds are pledged as additional security for all sums secured by this Security Instrument If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Fnnds in accordance with lhe requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency, Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. , 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; tlIird, to interest due; fourth, to principal due; and last, to any late charges due under the Note, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may at11lin priority over this Secority Instrument, and leasehold payments or ground rents, if any, Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments, Borrower shall promptly discharge any lien which has priority over this Secttrity Instrument unless Borrower: (a) agrees in writing to me payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may awrin priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth ,above within 10 days of the giving of notice, 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and ITEM 1950L2 (9211) Docld 0000000944 Form 3039 9/90 (page 2 of6 pages) Great lakes Buslnen Forms, Inc.. BOOK1324 PAGE, 383 ToOrd,""II: 1.BOO.530.9393 DFAl< 616.79HI31 ACCT# 160065435 """?"l ,~, ~ "~ "~ ,,- for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause, Lender shall have the right to bold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible Or Lender's security would be lessened, the insurance proceeds shall be applied ro the sums secured by this Security Instrument, whether or not then due, with any excess paid ro Borrower, If Borrower abandons the Property, or does not answer within 3D days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due, The 3D-day period will begin when the notice is given, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments, If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent' shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property, Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender security interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith detennination, precludes forfeiture of the Borrower's interest in the Property or other material impainnent of the lien created by this Security Instrument or Lender's security interest Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material infonnation) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on llleasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does not have to do so, Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender, If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained, Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with ITEM 1950L3 (9211) Docld0000000944 Form3039 9/90 (page 3 of6pages} GreatlakesBuslnessFDrms,lnc, . TD Order Call: 1-800-530-9393 0 FAX 616-791-1131 Bood324PAGE. 384 ACCT# 160065435 '".~ . '""1~' _',' . _, "] ~ ~I-rr-'''' any conaemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the totJll amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking, Any balance shall be paid to Borrower, In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, uuless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied 1D the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Uuless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments, 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender 1D any snccessor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17, Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument ouly to mortgage. grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by lhe amount necessary to reduce the charge to lhe permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make lhis refund by reducing the principal owed under lhe Note or by making a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note, 14. Notices. Any notice 1D Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by frrst class mail unless applicable law requires use of anolher method. The notice sha1I be directed to the Property Address or any olher address Borrower designates by notice 1D Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in lhis paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In lhe event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect wilhout the conflicting provision, To this end lhe provisions of lhis Security Instrument and the Note are declared to be severable, 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument 17. Transfer or the Property or a Beneficial Interest in Borrower. If all or any part of lhe Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrwnent However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of lhe date of this Security Instrument If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less lhan 30 days from lhe date the notice is delivered or mailed within which Borrower must pay all sums secured by lhis Security Instrument If Borrower fails to pay these sums prior to lhe expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower, ' 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinned at any time prior to the earlier of: (a) 5 days (or such other period as ITEM 1950L4 (9211) Ooold 0000000944 Form 3039 9/90 (page 4 of6 pages) GreallakssBusinessFDrms,lnc,_ To Order Call: 1-800-530-9393 0 FAX 616-791-1131 Bood324 PAGE. 385 ACCT# 160065435 ;'~ .~-.,,,,,,,._~,,.,~,,,,," - -~ applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in Ibis Security Instrument; or (b) entry of a judgment enforcing this Security Inslrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due nnder this Security Inslrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Inslrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Inslrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged, Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right 10 reinstate shall not apply in the case of acce1eration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (lOgether with this Security Inslrument) may be sold one or more times without prior notice 10 Borrower, A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated 10 a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address 10 which payments should be made, The notice will also contain any other infonnation required by applicable law. 20. Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, slOrage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else 10 do, anything affecting 1I1e Property that is in violation of any Environmental Law. The preceding two sentences shall not apply 10 the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized 10 be appropriate 10 nonnal residential uses and 10 maintenance of the Property , Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party inVOlving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authurity, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as IOxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flamniable or toxic petrolemu products, IOxic pesticides and herbicides, volatile solvents, materials containing asbeslOs or fonnaldehyde, and radioactive materials, As used in this paragraph 20, "Environmental Law" means federa1laws and laws of the jurisdiction where the Property is located that relate 10 health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to'Borrower prior to acceleration following ,Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the 'default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may resnlt in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all smus secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After such occurrence, Lender shall discharge and satisfy this Security Inslrument without charge 10 Borrower, Borrower shall pay any recordation costs, 23. Waivers. Borrower, 10 the extent pennitted by applicable law, waives and releases any error or defects in proceedings 10 enforce this Security Inslrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption, 24. Reinstatement Period. Borrower's time 10 reinstate provided in paragraph 18 shall extend 10 one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Inslrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent 10 Borrower 10 acquire title 10 the Property, this Security Instrument shall be a purchase money mortgage, 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note, ITEM 1950L5 (9211) Docld 0000000944 BooK1321 ~AGE . 386 Form 3039 9/90 (page 5 of 6 pages) GreatlakesBuslnessForms,Jnc.. To Order Call: HOD-SSO-9393 0 FAX 616-791-1131 ACCT# 160065435 '"~."""," r 27. 'Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ~ Adjustable Rate Rider D Condominium Rider ~ 1-4 Family Rider D Graduated Payment Rider D Planned Unit Development Rider D Biweekly Payment Rider D Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider ~ Other(s) [specify] RIDER TO PARAGRAPH 18 AND ADDENDUM BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with il Wimesses: ~~1cultMkJ ROBERT A M ALLISTER - (Seal) -Borrower <;? ~ 'f[ (V"S ()(,tM,,~ SARAH R MCALLISTER (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the day of , before me, the undersigned officer, personally appeared ROBERT A MCALLISTER and SARAH R MCALLISTER proven) to be the person s whose name are that they executed the same for the purpose herein contained, known to me (or satisfactorily subscribed to the within inslrument and acknowledged IN WI'INESS WHEREOF, I hereunto set my hand and official seal, My Commission expires: Title of Officer CERTIFICATE OF RESIDENCE I, do hereby certify that the correct address of the within named lender is 101 South George Street, PO Box 15068, York, PA 17405-7068 Wimess my hand this day of Agent of Lender ITEM 1950LG (92111 Oocld 0000000944 800~ 1324 PAGE 387 Form 3039 9/90 (page 6 of6 pages) GreatLakesBuslnessForms,lnc.. To Order Call: HOO-53D-9393 0 FAX 616-791-1131 ACCT# 160065435 <-" COMMONWEALTH OF PENNSYLVANIA, County of Cumberland 55: On this, the 22nd day ofMA Y, 1996, before me, the undersigned officer, personally appeared ROBERT A. MCALLISTER and SARAH R. MCALLISTER known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WI?lREOF, I hereunto set my hand and official seal. My Commission Expires: r dll<1q7 "9< / ' I , ' "Jr. re ~ Notaria1Sea1 /Lf",,?! . ~~~~ . Hampden Twp" Cumbe~and County My commission ExpiresJan, 27, 1997 Title of Officer Member, PennsyivaniaAssodalion 01 NotarieS ~~m';" '>;;j.;-Gr C:\LWORK\REAL\G052296A. WPD Page 9 of 10 BooK1324 PAGE 388 AL~ THAT~ Cw4TAIN lot or tract of land ~ituate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wiT: BEGINNING at a point at an iron pin at the Northwest corner of Second and Bridge Streets; thence along the northern side of Second Street South 47d egrees West 100 feet to a point st lands now or formearly of Roberta Gracey; thence North 43 degrees West along lands now or formerly of Roberta Gracey 50 feet to a point at an iron pin; thence North 47 degrees East along lands now or formerly of Gracey 100 feet to a point along the West side of Bridge Street; thence South 43 degrees East along the Western side of Bridge Street, a distance of 50 feet to a point, the place of BECINNING. HAVING THEREON ERECTED a, two-story frame and brick dwelling and another small building known as 202 Bridge Street. BEING a part of the same premises which Ernest D. Ober, Jr. and Florence S. Ober, husband and wife, by Deed dated July 6, 1990 and recorded at Cumberland County, Pa. in Deed Book Q Vol. 34 page 1099, granted and conveyed unto Earl G. Follett and Joan L. Follett, husband and wife. RECITAL FOR MORTGAGE BEING the same premises which Earl G. Follett and Joan L. Follett, husband and wife, by Deed dated and intended to be herewith recorded, granted and conveyed unto Robert A. McAllister and Sarah R. MaAllister, ~11_ PA 3538341 BooK1324 PAGE. 389 ,~ "-- , MAY-20-96 MON 12:01 TAMANINI 717 234 8355 P.07 sched'ule , c Lana Description Number I^-96-076-C TRACT I ALL THAT CERTAIN lot or rract of land situate .n the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described a. follows, to wiT: BEGINNING at D point at an iron pin at the Northwest corner of Second and Bridge Streets; thence along the northern side of S.cond Street South 47d egrees West 100 feet to a point at lands now or forme~rly of Roberta Gracey; thence North 43 degrees West along lands nOw or formerly of Roberta Gracey 50 feet to a point at an iron p1n; thence North 47 degrees East along lands now or formerly of Gracey 100 feet to a point along the West side of Bridge Street; thence South 43 degrees East along the Western side of Bridge Street, a distance of SO feet to a point, the place oE BEGINNING, HAVING THEREON ERECTED a two-story frame and brick dwelling and another small building known as 202 Bridge S~reet, BEING a part of the same premises which Ernest D, Ober, Jr. and Florence S, Dber, husband and wife, by Deed dated July 6, 1990 and recorded at Cumberland County, Pa, 1n Deed Book Q Vol. 34 page 1099, granted and conveyed unto Earl G. Follett and Joan L, Fal1et't. husband and wife, RECITAL FOR MORTGAGE BEING the same premises which Earl G, Follett and Joan L. Follett, husband and wife, by Deed dated and intended to be her~with recorded. granted and conveyed unlo Robert ^. McAllister and Sarah R, MaAllister, O^ 35JaJq BOOK1324?AGE.- 390 -'''''1!ll'. . " ~-~ , lr,l:f:... Rider to Paragraph 18 IlWe, the undersigned Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, executed by me/us this 22nd day of May. 1996 shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The term "reasonable attorney's fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5 %) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage/Deed of Trust is transferred to the Federal :Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. ~//~h.; RUBHR ~ (2 ~~ SARAH R MCALL1SlER (SEAL) (SEAL) Bood324 PAGE, 391 "''''em ~ -" r 1.4 F AMIL Y RIDER Assignment of Rents THIS 1-4 FAMILY RIDER is made this 22ND dayof MAY, 1996 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to York Federal Savings and Loan Association, 101 South George Street, PO Box 15068, York, PA 17 405-7068 (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 202 SOUTH BRIDGE STREET, NEW CUMBERLAND, PA 17070 [Property Addressl 1.4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items are added to the Property description, and shall also constitu1e the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, fuose for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings now or hereafter attached ro the Property, all of which, including replacements and additions therero, shall be deemed ro be and remain a part of the Property covered by the Security Instrument All of the foregoing together with the Property described in the Security Instrmnent (or the leasehold esta1e if the Security Instrument is on a leasehold) are referred ro in this 1-4 Family Rider and the Security Instrument as the "Property," B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree ro or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing ro the change. Borrower shall comply with all laws, ordinances, reguJroi.ons and requirements of any governmental body applicable to the Property, C. SUBORDINATE LmNS. Except as pennitted by federa1law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission, D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5, E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first sen1ence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is dele1ed. All remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign ro Lender all leases of the Property and all security deposits made in connection with leases of the Property, Upon the assignment, Lender shall have the right ro modify, extend or termina1e the existing leases and ro exec,u1e new leases, in Lender's sole discretion. Ail used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a lease hold, MULTISTATE 1.4 FAMILY RIDER.Fannie Mae/Freddie Mac Uniform Instrument ITEM 1790L 1 (9410} Docld 0000000055 (Page 1 of2 pages) Form 3170 9/90 GREATLAND. To Order Calt: 1.800-530.939aO Fa)'. 616-791.1131 ACCT# 160065435 BOOK1324PAGE.. 392 - '''\~I!',. .-, II. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender, all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents, However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant In paragraph 21 of the Security Instrument and; (ii) Lender has given notice to the tenant(s) that the Rents are In be paid In Lender or Lender's agent This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach In Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, In be applied In the sums secured by the Security Instrument; (ii) Lender shall be entitled In collect and receive all of the Rents of the Property; (ill) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid In Lender or Lender's agents upon Lender's written demand In the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied flTst In the costs of raking contrul of and managing the Property and collecting the Rents, including, but not limited In, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then In the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable In account for only those Rents actually received; and (vi) Lender shall be entitled In have a receiver appointed In take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security, If the Rents of the Property are not sufficient In cover the costs of raking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower In Lender secured by the Security Instrument pursuant In Uniform Covenant 7. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agent or a judicially appointed receiver, shall not be required to enter upon, and take control of or maintllin the Property before or after giving notice of default In Borrower, However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall' not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all thll sums secured by the Security Instrument are paid in full. I, CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument BY SIGNING BELOW, Borrower accepts and agrees In the terms and provisions contained in pages 1 and 2 of this 1-4 FlUDily Rider, ~~~~ ROBERT A MCALLISTER (Seal) -Borrower ){ 2~ h-I Z (\'\., ClLu",k SARAH R MCALLISTER (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) ~Borrower ITEM 1790L2 (9410) Docld 0000000055 (Page 2 012 pages) Form 3170 9/90 GREATLANO. To Order Call: 1-800-530-93930 Fait 616-791-1131 ACCT# 160065435 BOOK1324rAGE.. 393 --,~ F - 101 SOUTII GEuRGE STREET P,O, BOX 15068 YORK, PA 11405 ADJUSTABLE RATE NOTE TIllS NOlE CONTAINS A PROVISION ALLOWING FOR CHANGES IN MY INTEREST RAlE, IF MY INTEREST RAlE INCREASES. MY MONTHLY PAYMENTS WlU. BE HIGHER, IF MY INTEREST RAlE DECREASES, MY MONTHLY PAYMENTS WlU. BE WWER, City PENNSYlVANIA Slllle MAY n. 1996 HARRISBURG 202 SOUTH BRIDGE STREET. NEW CUMBERLAND. PA 17070 (PropeffyAddrestf) 1, BORROWER'S PROMISE TO PAY In retum for a loan thatl have received, I promise to pay U.S. $ AR 000.00 (this amount is called "principal"), plus intereSt, to the order of the Lender. The Lender is York Federal Savings and Loan Association. I understand that the Lender may transfer this Note. The lender or anyone who takestbis Note by transfer and who is entitled to receive . payments under this Note is called the "Note Holder". 2. INTEREST Interest will be chatged on that part of priocipa\ which has not beeo paid beginning on the date 1 receive priocipal and continuing until the full amount of principal has been paid. Beginning on the date I receive principaLl will pay interestata yearly rate of 7.250 %. The inrerestrate that I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section and Section 4 of this Note is the rate 1 will pay both before and after any default described in Section 1(B) of this Note, 3, PAYMENTS (A) Time and Place nf hymen" I will pay principal and intereSt by making payments every month. I will make my monthly payments on the first day of each month beginJ1ing on JULY 1. 1996 I will make these payments every month until I have paid all of the principal and interest and any other charges described. below that I may owe under this Note. My monthly payments will -be applied to interest before principal. If on JUNE 1. 2026 ,I still owe amounts under this Note, I will pay those amounts in full on that dare, which is called the "maturity date". I will make my monthly payments at STREET, YORK, PA 17401 (B) Amnunt of My Initial Montbly Payments My initial monthly payments will he in the amount of u.s. $ fiOO 3? . This amount may change to reflect changes in the interest rate that I must pay. The Note Holder will determine my monthly payment in accordance with Section 4 of this Note. 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Cbange Dates Theinterestratel will pay may cbangeon the first day of JUNE, 1997 . and on that day of the month every TWFI VF months thereafter. Each date on which my interest rate could cbangeis called-an Interest Change Date. My monthly paymentmaj' change on the first day of JULY, 1997 ,andon that day of the month every TWELVE months thereafter. Each date on which my monthly paym~t could change is called a Payment Change Date. (B) Tbe Index Beginning with the first Change Date, my interest rate will be based on an "Index". The lndex is the "National Average Contract Mortgage Rate for Purchase of Previously Occupied Single Family Homes Combined by all Major Lenders" published by the Federal Housing Finance Board. The most recent Index:fi~ available as of 45 days before each Change Date is called the "Current Index". If the index is no longer available, the Note Holder will choose a new index which is based upon comparable infonnation. The Note Holder will give me notice of its choice. (C) Calcnlatinn of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO ANn ONF - F T GHTH percentage points ( ? 125 %) to the Current Index. The sum will be my new interest rate. My interest rate will not be changed by more than ] 750 percentage points on any Change Date. My interest rate will not be changed by more than fi 000 percenragepoiJ.Its over the life of my loan. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay in full the principal I am expected to owe on the Change Date in substantially equal payments by the mannity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment (D) Effective Date nf Changes My new intereSt rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date untiIthe amount of my monthly payment changes again. (E) Notice of Changes The Note Holder will mail or deliver to me a notice before each Payment Change Dare. The notice will advise me of: (i) the new interest rate on my loan as of the Change Date; (ll) the amoWlt of my new monthly payment following the Change Date; (ill) any additional matters which the Note Holder is required to disclose: and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice. DocrdDDDDDD0984 ACCT# 160065435 YORK FEDERAL SAVINGS AND LOAN ASSOC. 101 SOUTH GEORGE or at a different place if required by Note Holder. ''''''l ^~ ~~ftI!IJ'l - 5. BORROWER'S RIGHT TO PREP, I have lbe right In make payments of principllJ. at any time hefore lbey are due, A payment of principllJ. ooly is koown as a "prepayment". When I make a prepayment. I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe muler this Note. HI make a partial prepayment. there will be no delays iJ1lbe due dares of my moolhly payments unless lbe Note Holder agrees in writing In lb080 delays, My partial prepayment will reduce the amount of my monthly payments on the first Payment Change Date following my partial prepayment However, any reduction due to my partial prepayDlent may be offset by an interest:rate increase. 6, LOAN CHARGES If a law which applies to this loan and which sets maximum loan charges is finally interpreted so that the interest or other loan , charges collected or to be collected in connection with this loan exceed the'permitted limits. then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which e%ceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment 7, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Puyments If the Note Holder has not received the full amount of any of my monthly payments by the end of 15 calendar days after the date it is due,l will pay a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment of principal and interest I will pay this late charge prompdy hat ooly once 00 any late payment (B) Defanlt If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Defanlt If I am in default. the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed or delivered to me. (D) No Waiver by Note Holder Even if, at a time which I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all its reasonable costs and expenses to the extent not prohibited by applicable law. Those expenses may include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by mailing it by first class mail or by delivering it to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Bolder at the address stated in "Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more 1han one pmon signB this Note, each porsou is fully and personally obliga1ed In keep all of 1I1e promises made in Ibis Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety, or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety, or endorser of Ibis Note, is also ohligated In keep all of promises made in this Note. The Note Holder may enforce its rights under tJris Note against each person individually or against all of us together., This means that anyone of us may be required to pay aU of the amounts owed under this Note. 10. W AlVERS I and any other person who has obligations under this Note waive the the rights of presentment and notice of dishonor. "?resentment" means the right to require the Note Holder to demand payment of amounts due. ''Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11, TillS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the proteCtions given to the Note Holder under this Note, a Mortgage, Deed of Trust or Deed to Secure Debt , (the "Security Insttmnenr') wilb an Adjustable Rate Rider, dated lbe same day as this Note, protects lbe Note Holder from possihle losses which mightresult if I do not keep the promises which I make in this Note. That Security Instrument and Rider describe ' how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. Some of those conditions are described as follows: 'Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or an interest therein is sold at transferred (or if a beneficial intereSt in Borrower is sold or transferred and Borrower is not a natmal person) without Lender's prior written consent, Lender may at Lender's option, declare all the sums secured by this Security Instrument to be immediately due and payable. However, this option shall not be exercised by Lender if exercise is not authorized. by Federal law . "If Lender exercises such option to accelerate, lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared. due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without furlher notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof. "Notwithstanding a sale or tranSfer, Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has released Borrower in writing." . Witness the hand(s) and the seales) of the undersigned. """'- -~ / -4'" . //V~ 7/ J/.~ -.: /4'~a/#'2?.4--d;;:-, (Seal) v ~~~WNz.tu~ .""~" (Seal) SARAH R MCALLISTER .""ow" Borrower (Seal) Borrowsr (Seal) A.INoteMargin 1354 (Rev. 5/91) DocldDDDDDDDBB4 (Sign Originai Only)ACCT# 160065435 .-~w~~ ~~ .. ADJUSTABLE RATE RIDER TIlISADJUSTABLERATERlDERismadethis ??Nn dayof MAY 1996 ,andis incorp01llled into and shall be deemed to amend and supplement tlte Mortgage. Deed of Trust. or Deed to Secure Debt (tlte "Security In8lI1JInellt") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the ''Note'') to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION (The ''Lender'') of tlte same date and covering tlte property described in the Security Instrument and located at: ?n? Sn1lT~ RRlnGF STRHT NFW f.\lMRFRI ANn PA 17070 (Property Address) The Note contains provisions allowing for changes in the interest rate. If the interest rate increases, the Borrower's monthly payments will be higher. If the interest rate decreases, the Borrower's monthly payments will be lower. ADDmONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender . further covenant and agree as follows: , A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Dote provides for an initial interest rate of 7.250 %. Section 4 of the Note provides for changes in the interest rate and the montly paymentS. as follows: .4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on 1hefirstday of .11lNi=' ,19 SL. andoD thatday of the month every 1? months thereafter. Each date on which my interest rate could change is called a "Change Date." My monthly payment may change on the first day of JU L Y , 19 ill..-. and 00 that day of tlte month every 12 JOOllths thereafter. Each date on which my monthly payment could change is called a Payment Change Date, (B) The Index Beginning with the first Change Date, my interest rate will be based on an "Index". The Index is the "National Average ConlIact Morlgage Ra", for tlte l'nn:hase of Previoosly Occopied Homes by Combined Lenders" pob1ished by tlte Federal Housing Finance Board. The most recent Index figure available as of 45 days before each Change Date is called the "Current Index", If the index. is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of its choice. (C) Calcolation of Changes Before each Change Date, tlte No'" Holder will calculate my new interestIate by adding TWO AND ONE - E1 GHTH percentage points ( 2. ]25 %)totheCurrentIndex. The swn will be my new interest rate. Myinterestratewill not be changed by more the ].750 percentage points an any Change Date. Myinterestratewillnotbechanged by more than 6 . 000 percentage points over the life of my loan. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay in full the principal that I am expected to owe on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment (D) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Dare until the amount of my monthly payment changes again. (E) Notice of Cbanges The Note Holder will mail or deliver to me a notice before each Payment Change Date. The notice will advise me of: (i) the new interest rate on my loan as of the Change Date; ell) the amount of my monthly payment following the Change Dare; (ill) any additional matterS which the Note Holder is required to disclose; and (iv) the title and telephone number of a person who will answer any question I may have regarding the notice. B.C~GES;LIENS Unifonn Covenant 4 of the Security Instrument is amended to read as follows: 4. <?harges; li~. BO!fO:wer shall :pay all ~es, assessments, and other charges, fines and impositions attributable to the Property which may attaIn a pnonty over this Seemty Instrwnent, and leasehold payments or ground rents, if any. in the manner provided under paragraph 2 hereof or. if Dot paid in such a manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower sball make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall prompdy discharge any lien which has priority over this Security Instrument; however, Borrower shall not be required to discharge any such lien so long as Borrower: (a) shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender; (b) shall in good faith contest such lien by. or defend against enforcement of such lien in, legal proceedings which in the opinion of the Lender operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof; or (c) shall secure from the holder of such lien an agreement in fann satisfactorry to Lender subordinating such lien to this Security Instrument. 1353(0,,5/91) 0,,100000000'" Bood324rAGE. 394 ACCT# 160065435 '-"'''!- ~ , ~" IfLenC'..er determines that all or any part ofthePropeny is subject to alien which may attain apriority over this Security Insti:ument, Lender shall give Borrower a notice identifying such lien. Borrower shall satisfy such lien or take one or more of the actions set forth above within ten days of the giving of the notice. C, NOTICE Unifonn Covenant 14 of the Secmity Instrwnent is amended to read as follows: 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Security Instrument shall be given by delivering it or mailing it by first class mail to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to lender shall be given by first class mail to Lender's address stated berein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to bave been given to Borrower or Lender when given in the manner designated herein. D. UNIFORM SECURITY INSTRUMENT; GOVERNING LAW; SEVERABILITY Uniform Covenant 15 of the Security Instrument is amended to read as follows: 15. Uniform Security Instrument; Governing Law; Severability. This form of Security Instrument combines uniform covenants for national use and non-uniform covenants with limited variations by jDrisdiction to constitute a uniform security instrwnent covering real proper;y, This Security InSl11lIIIOIlI shall be governed by Federal law and the law of the jurisdiction in which the Proper;y is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict sball not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. and to this end the provisions of this Security Instrument and the Note are declared to be severable. E. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: 17. Transfer uftbe Property or a Beneficial Interest in Borrower. If all or any part of the Property or an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or ttansferred. and Borrower is not a natural person) without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Security Instrument to beimmediar.ely due and payable. However, this option sball not be exercised by Lender if exercise is not authorized by Fed.era1law. If Lender exercises such option to accelerate, Lender sball mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days :from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to ,the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by pamgmph 18 hereof. Notwithstanding a sale or transfer, Borrower will continue to be obligated. under the Note and this Security Instrument unless Lender has released Borrower in writing. F, LOAN CHARGES If the loan secured. by the Security Instrument is subject to a law which sets maximwn loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted limits, then: (I) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted. limit; and (2) any sums already collected from Borrower which exceeded permia:ed limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct paymentto the Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. IN ~~~~~ executed tbisAdjnstableRale Rider, <- TI~ x~r-'am'9?.d7L(S'al) WUfleSS RO RT A MCALLISTER. -Borrower j..- ~ VL e (1V1,( (;LLI..:t ,k -t (Seal) SARAH R MCALLISTER .B=,." (Seal) -Borrower (Seal) -Borrower (Sigll Original Ollly) A-1Margln DocldDDODOD08B5 ACCT# 160065435 BOOK1324 PAGE. 395 ~,- VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, I further verify that I am a Sr. Vice President of YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, and that as such, I am authorized to make this Verification on its behalf, I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 94904 relating to a unsworn falsification to authorities, Dated: 0)Q!OC> By: '"~ ~__ . ,c . "'c; ,,~ r ~ ,,_ -- "'""'"'"I'-~ -I::~ ~~ 8 0 ~~g -t ~ iTJ~ ~Ft- t '-<. .,f) --t' ~ - -~~ o c 5: l}C;-; [1;C~ ..c:,__, 0S,: ~(~: 2:::-~ )> !:c~ -,;;- :::.~ --< C) C) og -'n Vi) ---" 'ZJ ~,.. ._",..., ,.e'-.J CJ ,---, , , ~~~ ~ ~, :-C1 J::.'- L.) C" ~ :~ ri . , :::::-1 ~~ -'--< -c -,r -flMlJPIU~!i fl!llIl'''I!;"jl!';U'I~I~,_,__!_". "l>l!'l~il\'llflil~1~1!l~~!MIImjllI _ ,""~-"~,,,.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,: 00-2158-Civil vs, ROBERT A. MCALLISTER A/K1A ROBERT MCALLISTER SARAH R. MCALLISTER Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 3, 2000 10-day Default Notices in the above-captioned matter were mailed to the Defendants Robert A. McAllister, a/kla Robert McAllister and Sarah R. McAllister, by regular mail, postage prepaid, True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference, B~E enjamm , IggS, r., squire (I.D. #72030) Attorney for Plaintiff 101 S, George St., P.O, Box 15068 York, PA 17405-7068 Telephone: (717) 846-8777 X2309 ~~ - -~.~ ~~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No, : 00-2158-Civil vs, ROBERT A, MCALLISTER AlK/A ROBERT MCALLISTER SARAH R MCALLISTER Defendants TO: Sarah R Mcallister RR #1, Box 1277 Elliotsburg, PA 17024 DATE OF NOTICE: May 3,2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTtiER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTiCE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ' COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 24 6200 Benjamin F, Riggs, Jr., orney for Plaintiff York Federal Savings and Loan Association 101 S, George Street, P,O, Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext, 2309 1.0, No, 72030 ""~"'-"" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs, ROBERT A. MCALLISTER AlK/A ROBERT MCALLISTER SARAH R MCALLISTER Defendants TO: Robert A. Mcallister RR #1, Box 1277 Elliotsburg, PA 17024 DATE OF NOTICE: May 3, 2000 No,: 00-2158-Civil IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Te~pho"e' ffi",,200 Benjamin F, Riggs, Jr., Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P,O, Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext. 2309 1.0, No, 72030 ~-~ ", ,-- .' 'r ___._c___ . i:~ '"~.~ ~~~." ~ .~'~ ~~ ~'~""',~ .. ~ ~,",..",,,, Mi. .-'<1 ,',^ ~ _"_ _O'~ "~ "'".- " a c, 0 c c:. ~ -" ."ffi 3: :~ ;0., !'Pm -<.: R,::n ::0 Zr I , ~t), rn CD 1>- .t:'" 'Cl? <<., , '" r-' r-~; 2C) <:-....j -0 ~O :l:: ~1:-=H -<-c ~o >-1 c ern :z -j :::! ;'>;) 55 -..t -< _ _1l~~'iI'''''''''~S'~"W'(W'~,,*,,'WWIl~_7,,'rne''''l'''!'_~''-fIIi'!!f~~!!\'1!1'i'T'!ro'\;lIE':I'lll!''l~''''~1~~~'1f"J"'.", ~W ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,OO-2158-Civil vs, ROBERT A. MCALLISTER A1K1A ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure PRAECIPE TO ENTER JUDGMENT To the Prothonotary: ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiff's Complaint in Mortgage Foreclosure against Robert A. McAllister a/k/a Robert McAllister and Sarah R. McAllister in favor of York Federal Savings and Loan Association for the following: Amount Due Per Complaint, , , , , , , , , $ 93,100,76 Interest from 4/4/00 through 9/6/00 (inclusive) at $23,6102 per diem, , , , , 4,260,75 Late Charges from 4/4/00 through 9/6/00 (inclusive) at $35,14 per month, , , , , ' 182.44 Escrow Deficit, , , , , , , , , , , , , , , , , , , 166,28 TOTALAMOUNTDUE $ 97,710,23 with interest from 9n/00 at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $23,6102 per diem, late charges from 9n/00 at 5% of the monthly payment amount, currently $35,14 per month, escrow charges from 9/7/00, currently $153.48 per month, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate, ,~ Benjamin F, Riggs, Jr., Counsel Attorney for Plaintiff 1.0, No, 72030 "0"'~ 'r "FX"'.-"~~ " ~ 6' , 2000 Judgment entered by the Prothonotary this day according to the tenor of the above statement.-,' , ~R~a=" Prothonot rY ~~ I .-- r~ , '<) "- I.l.: "- "" ;:: "\ UJ v \ i !~ """"",,_.~!I!!~~lliIWI~~~Illl'!m!_~ . -." , .-. 1'--" ~ C) 'Q !~ '-- :Z ';::I 00J;!J i[fs? ;---!~::~~ 6;~:~ ~j ::0 -< ~ . ~~-? " ~ ~ c::>\.. ~ ~ j \ '" :-0 J s (; t 'k. ~ 'N o C '? "1:1~' n1CU ~jrl ~i~ <.......- >c.. ~f-<; Pc Z =< I en "" ::f.: 23 ,i'\,) 0' _ ~~mt6l'i>:<"'t~'1"'!0w!_"'F"'''''''!f)i'fI'ffinl[!'1ffl!~m'!~~"!~B!iI!l:.jrm'~~!ll~",,,!~~~~ OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Carlisle, PA 17013 Telephone: (717) 240-6100 ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER RR 1, Box 1277 Elliotsburg, PA 17024 Date: No. 00-2158-Civil RE: YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER and SARAH R. MCALLISTER, DEFENDANTS, Notice is given that entered against you o~ judgment ,j'" ,2000. in the above-captioned matter has been PROTHONOTARY OF CUMBERLAND COUNTY By ~~'K.~~ Clerk g ty ~ If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (1.0. #72030) Attorney for the Plaintiff 101 South George Street P. O. Box 15068 York, Pennsylvania 17405-7068 Telephone: (717) 846-8777 X2309 (PA Rule of Civil Procedure 236, as revised) "-""* ~- . . , , I OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Carlisle, PA 17013 Telephone: (717) 240-6100 SARAH R. MCALLISTER R.R. 1, Box 1277 Elliotsburg, PA 17024 Date: No. 00-2158-Civil RE: YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER and SARAH R. MCALLISTER, DEFENDANTS, Notice is given that entered against you on~ judgment 5' ,2000. in the above-captioned matter has been PROTHONOTARY OF CUMBERLAND COUNTY By C~~K= ~.. Ole 8P~ ~ If you have any questions concerning the above case, please contact: Benjamin F. Riggs, Jr. (LD. #72030) Attorney for the Plaintiff 101 South George Street P. O. Box 15068 York, Pennsylvania 17405-7068 Telephone: (717) 846-8777 X2309 (PA Rule of Civil Procedure 236, as revised) ";~" . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.00-2158-Civil vs. ROBERT A MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure Commonwealth of Pennsylvania County of York Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendants are not in the military service of the United States of America, that he has personal knowledge thattbe said Defendants, Robert A. McAllister a/kla Robert McAllister and Sarah R. McA\lis~er, last-known address is RR 1, Box 1277, Elliotsburg, Pennsylvania 17024. Sworn and subscribed before me this ::2L day of May, 2000. o ~Q Nota", P"bl;, ~ Benjamin F. Riggs, Jr., Attorney for Plaintiff LD. No. 72030 My Commission expires: Notarial Seal Sharon E. Riddle, Notary Public York, York County My Commission Expires July 16, 2001 Member, Pennsylvania Association of Notaries ""'",",,"~ - I !'.~~ - !~""""""'I(I,.,,- """':"'"' , ~ "~,~ ~ _~ ~ ., c o f:: ~ "1:10:.' Qlr:tr,c ~:;r;i <i5!' -.:""~ r"f!: ~ .-:J :1.' 2(-;" ~C~ '- :2: =< c. c;;r.'. c,~' ',,- .- .~:~ ,'+ . (Jj ;ri>. ~!i: 'S? J,~ 0:. . <1"l '~ 3':. :-'1-.t! r"' -elfn -'::~JO Si~;, , " ,~;:\~! a.n"l ~ ~ ~ l\1i!l!:~~W-'''''':f'9-"~~'0,w",",'~;m!illW!1'i!!'~fW'''~lW'1l'?'!\~''!I~~~mlq~~IJ/'Pl."'_, ~:~ . JUN-07-2000 15:07 YORK FEDERAL 717 852 7936 P.04/04 . ." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.: 00-2158-Civil VS. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants TO: Robert A. Mcallister R.R. #1, Box 1277 Elliotsburg, PA 17024 DATE OF NOTICE: . May 3, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 T.....ne; ~'r"2OQ Benjamin F. Riggs, Jr., Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext.2309 1.0. No. 72030 TOTAL P.11I4 . JUN-07-2000 15:07 YORK FEDERRL 717 852 7935 P.03/04 :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. : 00-2158-Civil vs. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R MCALLISTER Defendants TO: Sarah R Mcallister RR. #1, Box 1277 Elliotsburg, PA 17024 DATE OF NOTICE: May 3, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Telephone: (717) 24 200 Benjamin F. Riggs, Jr., orney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York. PA 17405-7068 Phone: (7In 846-8777, Ext. 2309 I.D. No. 72030 .''1r;_ ,/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff NO.00-2158-Civil vs. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania.; (2) against Robert A. McAllister alkla Robert McAllister and Sarah R. McAllister, Defendants. (3) and index this writ (a) against Robert A. McAllister alkla Robert McAllister and Sarah R. McAllister, Defendants. as a lis pendens against the real property of the Defendants as follows: ALL that certain tract of land with the improvements thereon erected situate in the Borough of New Cumberland, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $97,710.23 Plus costs. with interest from 917100 at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $23,6102 per diem, late charges from 917100 at 5% of the monthly payment amount, currently $35.14 per month, escrow charges from 9/7100, currently $153.48 per month, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate, Dated: ~azr3f ,2000 Be"j"";" ~ E",";", I.D. No. 72030 ~r)f>l <. ,^ .q..". 0" , f' ~ -<;J' '" "I lvUl f',O\ ~ ;~~~~ ~.- -~ ,. """"~~ ,~_ ~I' ~ ~~~W"'l': "^I' _ ~,9lm1ll!J! . 'c' .,.~. . ., ~ 11 "" .. - ~\ ~ e ., ,~ """""'f''I<'[''I~'~'0:1.!1~!J-~'J'i!JPJt''(I'UI~~~!!M'lII!fIiIll'l'~1lilllln.,Ifll!l'II.~, ''''', _ _. " ~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,00-2158-Civil vs. ROBERT A MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at an iron pin at the Northwest corner of Second and Bridge Streets; thence along the northern side of Second Street South 47 degrees West 100 feet to a point at lands now or formerly of Roberta Gracey; thence North 43 degrees West along lands now or formerly of Roberta Gracey 50 feet to a point at an iron pin; thence North 47 degrees East along lands now or formerly of Gracey 100 feet to a point along the West side of Bridge Street; thence South 43 degrees East along the Western side of Bridge Street, a distance of 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two-story frame and brick dwelling and another small building known as 202 Bridge Street. BEING the same premises which Earl G. Follett and Joan L. Follett, husband and wife, by Deed dated May 21, 1996, and recorded on June 6, 1996, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 140, Page 555, granted and conveyed unto Robert A McAllister and Sarah R. McAllister, the Mortgagors herein. BEING designated as Tax I.D, #(25) 25-0006, Parcel 279. SEIZED IN EXECUTION as the property of Robert A McAllister alkla Robert McAllister and Sarah R. McAllister, as Judgment No. 00-2158-Civil. Property is a two-story, single family home. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania on October 6, 2000, and that distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. EXHIBIT A -)"11-~~."_ ~. -, T - ~^ ~"~, .~., ".. 'I o C $:: ;:[?t:n <[J.~< ~p:' (rjp ~6" -,;: ~';'r., "'"- "-"; :;:::-0 .Pc:: 7 :3 , "- '-. "" ~ :'> ';\ g 9..., .J::. r- r ~ '" "" ,... ". \ ':;:' -:;;) <- r- ~--:,;:: ..:1>- C) i1 :.:;::f i+l:n - r-- -~!ftcq .~..J. ~-' :'~i() :~?~ of'n -I .?D -< , <.;, ~, :Jl:' 9 '" ()j ,-" . i.,..~I'_ ~~Z'~~'~ 'Q~ , i~ ~. " ~ ~ ; f JU ~. p -~ G , , 1(r, I:::: ... ..... ?"\ e o. .~~....." 1IlII'...,~. ~III~," nll:'e:JJ._J"jIf"Wf!'~f"t7;!'f""''''~'1c'Zli~'1''''W't''"'''!'W''iJl\II'!I:!~~~,"I~~!II!'''''''- ".".JPI' p.......~~ ~~4 _"""_ ~~,~,""I"'''"'''''''''''''~' ~~" ~~~ ~ e.",1!<Il!' , "'" ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants No. 00-2158-Civil Action in Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE 3129.1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at: 202 South Bridge Street New Cumberland, PA 17070 1, Name and address of Owner or Reputed Owner. Name Robert A. McAllister alkla Robert McAllister Sarah R. McAllister 2. Address RR. 1, Box 1277 Elliotsburg, PA 17024 RR. 1, Box 1277 Elliotsburg, PA 17024 Name and address of Defendants in the Judgment: Name Robert A. McAllister alkla Robert McAllister Sarah R. McAllister Address R.R 1, Box 1277 Elliotsburg, PA 17024 R.R. 1, Box 1277 Elliotsburg, PA 17024 .' - Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) NIA 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405 Earl G. Follett and Joan L. Follett 261 Walton Street Lemoyne, PA 17043 Fed One Bank 21 Twelfth Street Wheeling, V'N 26003 5. property: Name and address of every other person who has any record lien on their Name Address (if address cannot be reasonably ascertained, please do indicate) N/A 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 Address (if address cannot be reasonably ascertained, please do indicate) Cumberland County Tax Claim Bureau Cumberland County Court House South Hanover & High Streets Carlisle, PA 17013 :-i~'1''''''< ~ ~" '~ Affidavit under PA RCP 3129.1 - Page 3 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) Beneficial Consumer Discount Company ATTN: Carl Mummert 351 Loucks Road York, PA 17404 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. JJiy Benjamin F. Riggs, Jr. Attorney for Plaintiff J.D. No. 72030 Date:'-rneur 31, CfCfr-:> _."",-"!f~ I I I ~ :,,'''- ....,.,~ ,,< ~ .~ ~-""~ I' " " T "'" ',. 0 0 0 C a "1'1 Z' '- -0 'Xl --1 52 ?r~t C r:T;FJ ,., Zf" I "t'JfTl (f) 'l:~, (J1 ~:;? -<'"7 kci "'" ~=:IC1 5-:0 ::D: :~~~J =0 S? Pc .o......rn 0..... Z -, -i i'0 ~ -< t):} -< .,._'l?' ""","_~~"lI<'~~r:w~p!W~;!;1!i1OO'J!lOO~l\IIl!Ql~,~.~ .1"... . '~I'r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,00-2158-Civil vs, ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure NOTICE OF SHERIAF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANlIA RULES OF CIVIL PROCEDURE 3129.2 TO: Robert A. McAllister a/kla Robert McAllister RR 1, Box 1277 Elliotsburg, PA 17024 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 6,2000, in the COMMISSIONERS HEARING ROOM, CJinberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania 17013 at 1b:00 o'clock a.m, prevailing time. I I THE PROPERTY TO BE SOLD is ~elineated in detail in a legal description mainly consisting of a statement of the measure~ boundaries of the property, together with a brief mention of the building and any other imp~ovements erected on the land. (SEE DESCRIPTION ATTACHED) . THE LOCATION of your property tp be sold is: I 202 South Bridge Street New Cumberland, PA 17070 THE JUDGMENT under or pursuaht to which your property is being sold is docketed to 00-2158-Civil. ' THE NAME OF THE OWNER or REPUTED OWNER OF THIS PROPERTY IS: ROBERT A. MCALLISTER a/kla ROBERT MCALLISTER SARAH R MCALLISTER A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale . received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you, It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or tllken to pay the judgment. A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1, You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware . of a legal defect in the obligation or the procedure used against you. 2, After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court, Benjami F. Riggs, Jr, Attorney for the Plaintiff (I.D, #72030) ! Dated~-r)rlCl:t-r r91j( ,2000 ~'~.c"" ~ '_" , ,- , - - -, ~ -' "'0 , '~ =~_ ~_'_f'" .'..' , '1JI!1I'f'l.-'~p -~"'~~r ..~ '" ~,. ,', I'~ o c: ;,:- ;:;C;:cti Zrn ~::J.). =.r- OJ ,\-..". :-'('2 f':CJ ~o --0 :Pc:: Z =< ~~" "U_ , CI 0' o ~'n ...J ;~l~;[! ~:g fTl ;;,.q .?0~? Q;P -""() orn ~ -<: "'= '- ;;z: I <.n "., ::<: ~? l'.) ex) QlJ:" ~~'~1<!1fft1Q\llIim-~~~.~;!m'lI!I_itjJ!IIl!liIII"~!IIlI_~V!!Jj' . I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.00-2158-Civil vs. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the 31t:t'day of May, 2000, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Cumberland County Tax Claim Bureau South Hanover and High Streets Carlisle, PA 17013 Earl G. and Joan L. Follett 261 Walton Street Lemoyne, PA 17043 Fed One Bank 21 Twelfth Street Wheeling, VW 26003 Beneficial Consumer Discount Company ATTN: Carl Mummert 351 Loucks Road Yo"" PA 'k Benjamin F. Riggs, Jr. Attorney for the Plaintiff LD. #72030 Sworn and subscribed to before me this 51:Jrday ~ 2000 ot~~ My Commission Expires Notarial Seal Sharon E. Riddie, Notary Public York, York County My Commission Expires July 16, 2001 Member, Pennsylvania Association Of Notaries ;~, ~~ .. , o -:: r-::> (..0 ~\ ; po ,:>~>-O "" !Z.rc-,~~ ~ I -< r ~ r-' 5l I> .J i-:'> \D ~ r- ~ \" -< ~ C" L ~ ~.~.s:. r ~'f: ~S; ;:('~~ \)~ Iii :D I' ~ P 0" "\ ~ 6 ~."" -1 P C7 t (- \J\ ~ !i;'C q ?"" , ) > > " '" > "", "\ "~~. m~ ~~'"~ lfo .... .. '" '" :to- ... ... i" itci''8 g ~ !I' l!3.l!l. 3 5(. ~3!(t ~!!:!!:; '!::"l"-e ~ d'5"~ ~. ....QQI::l o c: Ie '" C -'m S' ~~1Il:3 ::lo::l~ ..._a..tn U,S, POSTAL SEAVICE CE TIFI ATE OF MAlLIN MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PR. E F R INSIJR NeE-POSTMASTER ~ fi'. :h!i;;'ga;~ !U~~,jlq ~I.!'ceho!ed tro~: n ~ . "em .'e!iIi)I'ill Savmg; 8. lOiln AsSII. TI~~ ..p. iGt;ii!lf~e ,).tfeet fi; if] ~l;~r t~~6a Affix fee here in stamps or meter postage and post mark. Inquire of ;" ~'I?ostmaster for current .'_feE!. '{ I One piece of ordinary mail addressed to: ttel 0 ne. It:cLLL, 10.1 \lU~..l R+t'l 0t. UJ"-'ltu,.0~.\;l,-'6' vJ V d.lrdJO 3 PS Form 3817, Mar. 1989 GPO Affix fee hare in stamps or meter postage and post mark. InCluire of Postmaster for current fee. loan Assn. p, O. Ilox 15il:&li York, Il!l 17405 /"l';;U / // ,"- "" , Pe;{;~~."~;;Jvntcv ;xO{/;~ c. AHn ~ (!a fL ILL [ l i'"II~'c 1- \::~ '- '7 ----- 05'; ~~lcKJ 'f;?cC L!(JK!.j;' Ht !7L/LYj. PS Form 3817, Mar, 1989 Mtc41lA- GPO : 1993 0 - 151-051 Affix fee here in stamps ,"~~or. meter postage and , ; pbs~:,;,mark. Inquire of "--'Postmaster for current /'.0 -l"" fee. \\ 'c," ~. \ ~\.^'" I . '.~ U.S. POSTAL SEAVICE CERTIFICATE OF MAlLIN MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PRQ~.IQ~ FOfl.<,!I}J~R 8tPOSTMASTER -- )i~ ~ A....''''''' !;lon;' ii <. .. >_ ''''0' '''''(;f~, ;,il1!mgs Iill LOan .msn. ~"t" i'" ,f'" t" u.~~" .""- ~~::.'>""~gi ::t:t1it:t P. 1\1 Ilm( 15068 Yo!k, PA if'" 17405 One piece of ordinary mail addressed to: FO--rl t JOCLVL touctt () ~Q.l lJjCU;:JuVl ,-Lt ~rV\Dl'(YLL,{X\ 1164-~ PS Form 3817, Mar, 1989 ~ /'f!-{Lef-td1:t 1.. GPO 1993 0 - 151-051 , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS AND LOAN VS MCALLISTER ROBERT A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCALLISTER ROBERT A A/K/A MCALLISTER ROBERT but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT MORTGAGE FORECL On April 18th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep. Perry Co 18.00 9.00 10.00 29.68 .00 66.68 04/18/2000 YORK FEDERAL ~ RThomas Kli e Sheriff of Cumberland County SAVINGS & LOAN Sworn and subscribed to before me this /9 ~ day of ~ dA;'1TO A . D . ~f1, ~ ~_ prothonotafy "'~,-, . . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS AND LOAN VS MCALLISTER ROBERT A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCALLISTER SARAH R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT MORTGAGE FORECL On April 18th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/18/2000 YORK FEDERAL s~~~ R.~S Kline Sheriff of Cumberland County SAVINGS & LOAN Sworn and subscribed to before me this :20 ~ day of ~ cJ-o-u-o A. D. ~ r2 '/11,Nl:, , LrTJ Prothonotaty ----" , ' SHERIFF'S RETURN - REGULAR CASE NO: 2000-02158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS AND LOAN VS MCALLISTER ROBERT A ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT MORTGAGE FORE was served upon MCALLISTER ROBERT A, SARAH R the DEFENDANT , at 0012:57 HOURS, on the 17th day of April , 2000 at 202 SOUTH BRIDGE ST NEW CUMBERLAND, PA 17070 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT MORTGAGE FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 6.00 10.54 6.00 10.00 .00 32.54 So Answers: r~~K~! R. Thomas Kline 04/18/2000 YORK FEDERAL , Sworn and Subscribed to before By: me this ~~ day of ~ ~ A.D. (~, r~ c ~~p,,,-, ~r>.c.- 8 othonotary , -7 q~ " In The Court of Common Pleas of Cumberland County, Pennsylvania York Federal Savings & Loan Assoc. VS. Robert A. McAllister, et. al. Serve: Robe-t-t A. McAllister, a/k/aN 20-2158 Civil Robert McAllis ter O. Now, 4/12/00 ,2000, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to exe.cute this Writ, this deputation being made at the request and risk Of~ ~! Sheriff of Cumberland County, P A Affidavit of Service Now, .4-pr~) '. ./..3 , 20~, at ).;2{'/9 o'clock f M. served the . No {-ie:"'.... Cb-rviplcon +- Tn /J1 dff~ Fort!e6sld€- R~ fM,'(- ((k ,4((/s.Jer within upon at ((f ( i!JeI / J- 77 $toJi flL 'Wf' k Ilfnlk&IO' P.err'J ColUd fJa., OD~~ 1YI.f. /J.-Ihs-kr ,c1-e,f""d..+s w,+& , by handing to SILl'" ~ a -rrlle.. ~ kHc s -Ie J copy of the original Nahc.e- Y- 0:'fJ4~ n l-,n /I1o~ F't<<ehs<we- the contents thereof. and made known to k So answers, County, PA Sworn and subscribed b-efore me this /3#\ day of idfr,{' ; 20 ~ $ . . .... A EAl $ " UUC\IINGERiNOTARYPUBUC BtOllMl!nl!BQIlO.: PERRYCOUNlY MY cori!MIS$!!'!HExPIR FEB. 16 200 r.~'r ''''-'''' , . In The <:::ourt of Common Pleas of Cumberland County, Pennsylvania York Federal Savings & Loan Assoc. VS. . Robert A. McAllister, et. al. Serve: Sarah R. McAllister No. 20-2158 Civil Now, 4/12/00 , 200 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do - . hereby deputize the Sheriff of Perry County to exe.cute this Writ, this deputation being made at the request and risk of the Plain. tiff.. ~/-4 . '1!"'~AA~.t:~! Sheriff of Cwnberland County, P A Affidavit of Service Now, IJ.pr~ J I 2> , 20~, at /J :<("1 o'clock' fJ M. served the within AiD ~)(..f'_ 1- ~/a.\n+ 1 ~ rnO''/-(j(;,qL +;'VC r tJ,c.(,_~ (j upon ,Sa ra h fl..., k A-If'r<,Je( at f(fJ..1 ~ In) EI/fo'flS!J.wo' So..ud/e" TWf' t-1f Cr,/~"1J ila_ l'7IJ<lf/ by handing to .sa fa. h frv.../J.//; 5 /e.r, ckFeudlL~oJ- , a '1((", Y- If..fkS-IP4 copy of the original Nohce_ Y-~/JIoc~ni-"n /Y!;;~~ 'f7:,red,s-<.u-€; the contents thereof. Iv and made known to So answers, c~. ~heriffOf rerW County,PA Sworn and subscribed before me this J}J!l day of Ap,:.'.! 2000 '- COSTS SERVICE MILEAGE AFFIDAVIT $ In 4A8dAd ,{~ ..Jfh Ckiil:S/ow'ff' ". . A~IALSEI\~<" MARGARETE FUC!l/~.iNOTARYPUBlIC BlOOMRELD d., PERRYCOUNTY MYCOMMISSIONEXPIR FEB. 16 2004 $ "'''':''f, I ~~" . -,,,$ l]l = ~ ~ >- 11 II I! II !!,~, ~ ,~ ~ ~ ~~ I" IJlPIll1' ,. 'i ~_"",...""..O~ c~ .~ .~" ~- ~ ~- ,. "'[ ~ ~ - .~.~ . . . , [Lfl..',1 ~i) ~.::J (lJL" rLll"" iC::'J, "\" ,~ Ilf. ~.. ~.~ ,.a!'1f, l11_!lI!~I'!,wtr;IIffl!!'~~~i_~~~~'!IlJi,!ffli'lm1'~'illllfflll!l~~IlfllI1\ft!~~ -. , STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. I, _ __ ____!t_oJ?~;r j:__~_ f:J-,~g!~_L____________ _____n n_ _ n __ ____ __ ____ __ __ __ __ ___ __ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which _nn_n__n____ York Federal Savs & Ln Assoc n__nn______nn___n__n _n__n_n_______n__ n_______n___n_________________n_ is the grantee the same having been sold to said grantee on the __.6_th_________n___n___________n___nn_____ day of n____S_':e!~~~"!n________nnn__nn__ A. D., 19'>,,~9_QQ_, under and by virtue of a wriL__nn_______ Execution . ed h 5th __~_____________________________________________~u ant e_____________________________________ ~une xx2000 . day 01 nn_nn_n______nn____ A. D., 1:._nn_" out of the Court of Cornman Pleas of saId County as of ______G.! yj.J_______________n__., __ _ __ n _ __ __ ___ n ____ _n__ __ ___ ______ n ____ n__ __ _ Term, Jl92JlOJl__ ~umbef2_~~~__________,atthesuitof-----------!-~~~-~-~~"!~~_e~_~~_~__~~_~_~~2E______------------ _n__________________ __n_ n _ __ n n agains~':~ ~:_':._ P:_ ~:P:~]._~~:~:__~~~nl!:~~_eE ~_ ~__~ ,,:_':~_~_ __ _ is duly recorded in Sheriff's Deed Book ~o. n______22.9., Page __n___.6.9.0_. I~ TESTlMO~Y WHEREOF, I have hereunto set my hand and seal of said office this _~A-_ day of ~___________ A. D., 19:.~ -~~~~~O;~ ReconIer of 0eedI. CumbeJ!and County. ClrtisIe, PA My Commission Expires Ill. fil$l Molldl' of Jan. 2flO2 " ~. <, .':; ~"~', . "..". -, ~. ,,- , .1 , . I""" f , , York Federal Savings and Loan In the Court of Common Pleas of Association Cumberland County, Pennsylvania -vs- No. 2000-2158 Civil Robert A. McAllister a/kIa Robert McAllister Sarah R. McAllister Shannon M, Sunday, Deputy Sheriff who being duly sworn according to law, says she posted a true copy of Real Estate Writ Notice Poster and Description on the property of Robert A. McAllister and Sarah R. McAllister located at 202 South Bridge Street, New Cumberland, Cumberland County, Pennsylvania according to law. R Thomas Kline, Sheriff who being duly sworn according to law, says he made diligent search and inquiry for the within named defendants to wit: Robert A. McAllister and Sarah R. McAllister, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the above Real Estate Writ Notice Poster and Description according to law. Perry County Return: and now June 9,2000 served the within name Robert A & Sarah R. McAllister the defendants named herein, personally at their residence in Saville Township Perry County, PA, on June 9, 2000 at 9:20 o'clock AM by handing to Sarah R McAllister an adult member of family 2 true and attested copies of the within Real Estate Writ Notice Poster and Description and made known unto her the contents thereof. So answers: George Frownfelter Sheriff of Perry County. R. Thomas Kline, Sheriff who being duly sworn according to law, says 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 one of the wihtin named defendants to wit: Robert A. McAllister by Certified Mail Return Receipt Requested Restricted Delivery, Deliver To Addressee Only to RR 1 Box 1277, Elliotsburg, Pennsylvania. This letter was mailed under the date of July 12,2000 and returned to the Sheriffs Office on July 28, 2000 with reason checked UNCLAIMED. R Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the within named defendants to wit: Sarah R McAllister by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to RR 1 Box 1277 Elliotsburg, Pennsylvania. This letter was mailed under the date of July 12, 2000 and returned to the Sheriffs Office on July 28, 200 with reason checked UNCLAIMED. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Robert A. McAllister, by regular mail to RR 1 Box 1277 Elliotsburg, Pennsylvania. This letter was mailed under the date of July 28, 2000 and never returned to the Sheriff s Office. R Thomas Kline, Sheirff, who being duly sworn according to law, says 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 one of the within named defendants to wit: Sarah R McAllister by regular m ail to RR 1 Box 1277 Elliotsburg, ., - T , , ' Pennsylvania. This letter was mailed under the date of July 28, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on September 6, 2000 at 10:00 o'clock A.M. EDST and sold the same to Attorney Benjamin F. Riggs, Jr for the sum of$ 1.00 for York Federal Savings and Loan Association. It being the highest bid and best price received for the same York Federal Savings and Loan association of 101 South George Street, York, Pennsylvania being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 1,028.03 it being costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Out of County Perry County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 20.16 15.00 15.00 30.00 10.00 .50 1.00 10.54 12.70 15.00 30.00 9.00 29.04 390.95 333.11 23.53 25.00 27.50 $1,028.03 pd by Atty 9/21/00 Sworn and Subscribed To Before Me This t. tw Day of j}~ 2000, A.D.~. t.J ~ P ot onotary ~- Sr~~ R. Thomas Kline, Sheriff BY~U Real Estate Deputy / 3,\, ()i) \.~ "'l"q,{ V<-"'" ~ ~ ~JllI! - ""'" ~ "'" . ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff NO.00-2158-Civil vs. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE 3129.1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at: 202 South Bridge Street New Cumberland, PA 17070 1, Name and address of Owner or Reputed Owner. Name Address Robert A. McAllister alkla Robert McAllister RR. 1, Box 1277 Elliotsburg, PA 17024 Sarah R. McAllister RR. 1, Box 1277 Elliotsburg, PA 17024 2. Name and address of Defendants in the Judgment: Name Address Robert A. McAllister alkla Robert McAllister R.R 1, Box 1277 Elliotsburg, PA 17024 Sarah R. McAllister RR. 1, Box 1277 Elliotsburg, PA 17024 !"c ,. < -.f-" -- " . Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NIA Address (if address cannot be reasonably ascertained, please do indicate) Name 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405 Earl G. Follett and Joan L Follett 261 Walton Street Lemoyne, PA 17043 Fed One Bank 21 Twelfth Street Wheeling, WI/ 26003 5. property: Name and address of every other person who has any record lien on their Name NIA Address (if address cannot be reasonably ascertained, please do indicate) 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 Address (if address cannot be reasonably ascertained, please do indicate) Cumberland County Tax Claim Bureau Cumberland County Court House South Hanover & High Streets Carlisle, PA 17013 .;,'.... ., .',' ", ". ,- "'~ '. J,.- Affidavit under PA RCP 3129.1 - Page 3 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) Beneficial Consumer Discount Company ATTN: Carl Mummert 351 Loucks Road York, PA 17404 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. JiIv Benjamin F. Riggs, Jr. Attorney for Plaintiff I.D. No. 72030 Date:\'-fYI~ 31, om~ ;::!i! i~ I , "',-'j ^' . , , .: jI ('\tol IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff NO.00-2158-Civil vs. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Robert A McAllister alkla Robert McAllister R.R. 1, Box 1277 Elliotsburg, PA 17024 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 6, 2000, in the COMMISSIONERS HEARING ROOM, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 202 South Bridge Street New Cumberland, PA 17070 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 00-2158-CiviL THE NAME OF THE OWNER or REPUTED OWNER OF THIS PROPERTY IS: ROBERT A MCALLISTER a/kla ROBERT MCALLISTER SARAH R MCALLISTER A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale ~ - .. "c ' c '" , v , ~." '." - ' , 1-- , , ..Ift I ...... ' received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is fiI ed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you, It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN' GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common .Pleas of Cumberland County to open the judgment if you have a meritorious. defense against the person or company that has entered judgment against you. You may also, file a petition with the same Court if you are aware , of a legal defect in the obligation or the procedure used against you, 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County. Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Benjami F. Riggs, Jr. Attorney for the Plaintiff (I.D, #72030) Dated4vtCLLr Jl3t ,2000 "~a!._ . - , h. ".,. ~.~ .""~."," n ,"., " __ ." 0"' 'I" ~ ~ .. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,00-2158-Civil vs. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129,2 TO: Sarah R. McAllister RR 1, Box 1277 Elliotsburg, PA 17024 TAKE NOTICE: That th~ Sheriff's Sale of Property (real estate) will be held on September 6, 2000, in the COMMISSIONERS HEARING ROOM, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a,m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 202 South Bridge Street NewCumberland, PA 17070 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 00-2158-CiviL THE NAME OF THE OWNER or REPUTED OWNER OF THIS PROPERTY IS: ROBERT A. MCALLISTER a/kla ROBERT MCALLISTER SARAH R MCALLISTER A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and "';. "'. "., .,.. _, .~. . e... .',<^ , '~,1 ,- . :.~-- " ' - " municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. I nformation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTSYOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered, 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. BIR-J enjamln . IggS, L Attorney for the Plaintiff (I.D, #72030) Dated: lrnCt<( d1 ,2000 , .p . .'''c'' en ~^" . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff NO.00-2158-Civil vs. ROBERT A. MCALLISTER AlKJA ROBERT MCALLISTER SARAH R. MCALLISTER Defendants Action in Mortgage Foreclosure ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at an iron pin at the Northwest corner of Second and Bridge Streets; thence along the northern side of Second Street South 47 degrees West 100 feet to a point at lands now or formerly of Roberta Gracey; thence North 43 degrees West along lands now or formerly of Roberta Gracey 50 feet to a point at an iron pin; thence North 47 degrees East along lands now or formerly of Gracey 100 feet to a point along the West side of Bridge Street; thence South 43 degrees East along the Western side of Bridge Street, a distance of 50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two-story frame and brick dwelling and another small building known as 202 Bridge Street. BEING the same premises which Earl G. Follett and Joan L. Follett, husband and wife, by Deed dated May 21, 1996, and recorded on June 6, 1996, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 140, Page 555, granted and conveyed unto Robert A. McAllister and Sarah R. McAllister, the Mortgagors herein. BEING designated as Tax I.D. #(25) 25-0006, Parcel 279. SEIZED IN EXECUTION as the property of Robert A. McAllister alkla Robert McAllister and Sarah R. McAllister, as Judgment No. 00-2158-Civil. Property is a two-story, single family home. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania on October 6, 2000, and that distribution of said proceeds will be made in accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. EXHIBIT A '. ",~ ". --, " 'L" -'-""",'- -".' "f" . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUN1Y OF CUMBERLAND) NO. 00-)1 ~R CIVIL Jl:!l TERM CIVIL ACTION- LAW TO THE SHERIFF OF Cumberland COUNTY: TO satisfy the debt, interest and costs due York Federal Savings and Loan Association PLAINTIFF(S) from Robert A. McAllister a/kl Robert McAllister Sarah R. McAllister R. R. #1, Box 1277. Elliottsburq, Pa.17024 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See leqal description attached All that certain tract of land stiuated in the Borouqh of New Cumberland (2) You are also directed to attach the property of the defendant(s) not leviEjd upon in the possession of , GARNISHEE(S) as followS: and to notify thegarnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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) "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 97.71 n. n LL, fram 9/07/00 $23.6102 per dien Interest l"h' r'n"rp" frnn Q/7.100 Rt- ,,"-' m..nt-hlyDue Prothy ~EC\kfi\nTently $35 . Ha/per month Other Costs Escrow charges fram 9/7/00 currently S153.48 per month Atty Paid SHI7. 22 Plaintiff Paid SO.50 1.00 ~ ,11lnp 'j 2nnn Curtis R. Lonq Prothonotary, Civil Division by Cfur, c, fvtill-,-__ Deputy REQUESTING PAR1Y: Name Benjamin F. Riggs, Jr. Esquire Addmss: 101 South Georqe Street, P. O. Rnx 15068 Attorney for: Plaintiff Telephone: (717) 846 8777 x 2309 Supreme Court ID No72030 TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and tile seal 01 said ~ Cariisle, PI. ~. ~ay ~. .:J.UvV ( 12 ~ ~' Prothonotari Ynrkr p~ 1740S 70hR :,'1 "Tf ," REAL ESTATE SALE NO.35 ' 0n ~ t.. ~ the sheriff levied upon the defendams interest in the real property situated in d/Ik. ) !J ._....t..t. _tl ~ Cumberland County, Pa., known and numbered as: a(}~ h ~.+-~ 1}1,...J6~IL,tand morefu!!y desc:ribed on Exhibit "A" filed with this writ and by this referem:e incorporated herein. ~ate:~~ t. ~ By#!;aJJ~ &i) cw ~ ~ ~ V1 ;!~'-~,,-'\'~'!} .::~.:' '~~~ ,T ! i 3 [lOr '.." , AJ !:.:!' ; ;Uni~~,':':', . ,-::) :!,J. -1,:' _. '-::uo r,,..... . . - .'" .., ..,^ . .~ ." ~~"".~=-"=" ~."" - ,.~":!lT. ~Km~l"1!'l~~mftlilfq~~~!l'!,IfflI'I!'fl.lMlI:l~I!llft!lI~!._I\I1!~'!lltl!lll!J' . . , ,. '.~ THE PATRiOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderRct No. 587. Roorooed Mau 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Accounts Receivables Manager 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 secureiy attached hereto is exactly as printed and published in their re-gular daily andlor Sunday and Metro editions/issues which appeared on the 1st, 8th and 15th day(s) of August 2000, 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 duiy recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscella?us Book "M", vo~u:~ ~~':;~I:~ ____________________~------------------------ COpy Sworn" Oth day of gust 0 A.D. S A L E ~35 Nolaria! Seal 1T Terry L. Russell. Notary Pu c Harrisburg, Dauphin C MyCommjssionExpiresJun~6.2002 OT RY PUBLIC Member, Pennsylvania Assocjat~~$ssion expir~s_ June 6,. 2002 - CUMBERLAND COUNTY SHERIFFS OFRCE 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 $ 331.61 1.50 333.11 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. THE PATRIOT-NEWS CO. By""....................... ........."""...... "............. ..... . \ -" .1-- . . . , '.'1" REACEStil.ffsilCfNo:SS . w," No. 2000.2158 ClvilTerrt1 York Federal Savings and Loarl" Assoclatlon VS' Robert A. McAllIster alWa:.F1obert McAllister Sarah McAllister Atty: Benja'min f. Riggs Jr. DESCRIPTION . AU THAT CERTAIN lot or tract of land s'iwate. in Borough of New Cumberland, County of Cumberland, State of l'enns).'lvanla, mOTe particularly bounded and described as ioilows,.tQv.it: < BEGINNING at a .point at an iron pin at , the .Northwest corner of Second and Bridge Streets; thence along the northern side of Second Street South -17 de.gr~ West 100 feel: . to a point at lands now or ronnedy of Roberta Gracey; thence Nartn 43 degrees West along . lands now or formed", of Roberta Grac(!v 50 feel. to..,1 point ~ ~n iron pin; thence North 47 dt'gl'ees 'East along lands now or formerly of Gr:ac.e} 100 fue.fto a point along the West side af Bridge Street; thence South 43 de:gre~ East ".,lIong the Western side of Bridge Street, <1 :':dlsfance..of. 50 feet 10 a 'point, the place of ..BEClNl\'lNG,.. . . . !lAVING THEREON ERECTED a two- sfar\' frame and ;prick dwelling and another 'sn'fa1[ building known as 202 Bridge Stre\!t '. .BEING the same premises which Earl G. Follett and Joa'n .L Follett, busband and "ife, ."J~~~:I$~f!..d.~Jed'!:;.ray 21, 1996. ,1nd recotded on :.:.lQ:~:~:'9.:.::::1~E;.:.:W. W~::.qf#~f.?t~.l?:e: Req~rder.of :':'J1e:eif:s' :in ai1~.:..JQr, :Cq~~~rj<:![jd'.. -Counf\.~. __Pen'n~}~i~\lnia; ilil}ee'cn~i;iQ~..tW,. ~",ge 553,' - ::::..:::;:t'::":::Gr~'nlliP.''''a''~'~.'''.:c:~ti~''~5~'(f''::' .li#(q: :':.nOlletf . ~~. .i~1tAm5Ier and sarah- R: !\.teAmster. the.. ::::,:Itrr.clliga~~T$.~.~~.re.in.:.:. . .:.:.... . .....:...: -:: :-:-.:, BEING d~~~atl;;'d.,15 ra~ tD. #(25L~-.. 0006, Parcel 279. ...:' ". '. '.__., . .. . , , SEIZE~JIN ExECL"tIQN as the property of Robert A. McAllister alkfa Robert MCAllister and: . Sarah. R. McAllister, as Judgm,nt No:OO,2158-dvil. "~operty' is ii" ~~'.stOl}"" single family home. .. '. .--. NOTH:;t l~~:f~.~~he{gi~~~'lC?.al.l partks in interest and ~)inlal.ltS..#. PBlposed schedule _ 9f ~i.s~ribu!ioi't.of t.he.. ptD<'ee<h of the abo\'e sale' will be filed b\' the Sh€'off of Cumberland toul~~', Perinsvlvania 'oil October '6; 2000, and thai'. 'dl'stribl:lt)(ln -. of said proceeds will be , rt1'ade. in' a'c'co~ance :wi~i1 said proposed Sched~Je of di~tfibution un.less exception!) !lre - fi!ciftheretowilhin lE'TlllO) davs thereilfter. .--,". ,. !. ',.' t . . ! PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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, Vtz: JULY 28, AUGUST 4, 11,2000 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. 1~IVVt RogerM. Morgenthal, Editor ~.... SWORN TO AND SUBSCRIBED before me this 11 day of AUGUST. 2000 NOTA L l0t5 E. SN\'D!:R. Nolory PubIc Corliolo !!ora, wmberiond County, PA My Commtson Expil'Cl$ Noon:h 5. 2001 ~ " . REAL ESTATE SALE NO. 35 Writ No. 2000-2158 Civil York Federal Savings and Loan Association vs. Robert A. McAll1ster. a/k/a Robert McAll1ster and Sarah McAll1ster Atty.: BenJamln F. Riggs, Jr. EXHIBIT A ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania. more par- ticularly bounded and described as follows. to wit: BEGINNING at a point at an iron pin at .the Northwest corner of Sec- ond and Br1dge Streets: thence along the northern side of Second Street I South 47 degrees West 100 feet to a point at lands now or formerly of Roberta Gracey; thence North 43 de- grees West along lands now or for- merly of Roberta Gracey 50 feet to a po1nt at an iron pin; thence North 47 degrees East along lands now or for- merly of Gracey 100 feet to a point along the West side of Bridge Street; thence South 43 degrees East along the Western side of Bridge Street, a distance of 50 feet to a point, the place of BEGINNING, HAVJNG~TIIEREORERECIED a two-story frame and brick dwelling and another small building lmown as 202 Bridge Street. BEING the same premises which Earl G. Follett and Joan L. Follett, hus- band and wife. by Deed dated May 21. 1996. and recorded on June 6. 1996. in the Office of the Recorder of Deeds in and for Ctunberland Connty. Penn- sylvanla, in Deed Book 140, Page 555, granted and conveyed unto RobertA. McAllister and Sarah R McAl11ster. the Mortgagors herein. BEING designated as Tax LD. #(251 25-0006, Parccl279. SEIZED IN EXECUTION as the property of RobertA. McAllister, a/k/a Robert McAll1ster and Sarah R. McAl- lister, as Judgment No. 00-2158-Civil. Property 1s a two-story. single fam- lly home. NanCE 1s further given to all par- ties in interest and claimants. A pro- posed schedule of disbibution of the proceeds of the above sale will be filed by the Sherlff of Cumberland County. . Pennsylvania on OCtober 6. 2000. and that distribution of said proceeds wHl be made in accordance with said pro- posed schedule of distrtbution un- less exceptions are filed thereto wlthJn ten (10) days thereafter. " , .. ... .' IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 CASE NO.1-01-bk-03839 ROBERT ALAN MCALLISTER SARAH ROMAYNE MCALLISTER fdba Uniquely Yours , Debtors CUMBERLAND COUNTY DOCKET # 2000-02158 ROBERT ALAN MCALLISTER fdba The Window Shoppe SARAH ROMA YNE MCALLISTER fdba Uniquely Yours, Movants v. YORK FEDERAL SAVINGS AND LOAN, Respondent ORDER AT Harrisburg, in said District, UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) ofthe Bankruptcy Code, it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of YORK FEDERAL SAVINGS AND LOAN in the amount of $97,710.00 entered in Cumberland County be and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the . Prothonotary of Cumberland County and and the Prothonotary is directed to terminate the judgment in the judgment indices. 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