HomeMy WebLinkAbout03-1147IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN
Defendants.
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
P.O. Box 6010, 20 South Main Street
Chambersburg, PA 17201
AND THE ItEFENDANT(~
303 Oa~~, PA 17257
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THA~../I~HE LOCATION OF
THE REAL F~TP)~E A~.CT~]~D B~IS LIEN IS
303 Oakv~uyPA 17257
AVrO~ ~o'm~rrA~rn~
CIVIL DIVISION
TYPE OF' PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersburg
Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
CIVIL DIVISION
Plaintiff, · NO.:
_.
ROBERT L. ALLEN, JR. and ·
JODI B. ALLEN, ·
:
Defendants. ·
NOTICE TO
DEFEND
You have been sued in court. If you wish to defend against the claim 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 SHOULD
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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
FARMERS AND MERCHANTS TRUST :
COMPANY OF CHAMBERSBURG, :
Plaintiff, : NO.:
ROBERT L. ALLEN, JR. and :
JODI B. ALLEN, :
Defendants. ·
CIVIL DWISION
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
CIVIL DIVISION
os -.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Farmers and Merchants Trust Company of Chambersburg, by its
attorneys, James, Smith, Dietterick & Connelly LLP, files this Complaint in Mortgage
Foreclosure as follows:
1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which
has its principal place of business at P.O. Box 6010, 20 South Main Street, Chambersburg,
Pennsylvania 17201.
2. The Defendants, Robert L. Allen, Jr. and Jodi B. Allen, are adult individuals
whose last known address is 303 Oakville Road, Shippensburg, Pennsylvania 17257.
3. On or about August 17, 1999, Defendants executed a Note in favor of Plaintiff in
the original principal amount of $59,307.61. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about August 17, 1999, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $59,307.61 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on August 25, 1999, in Mortgage Book
Volume 1566, Page 144. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Defendant, Robert L. Allen, Jr. is the record and real owner of the aforesaid
mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about December 13, 2002, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiffby Defendants is as follows:
Principal $47,825.81
Interest through 3/12/03 $ 1,070.74
Late Charges $ 763.44
Escrow Advance $ 3,189.11
Attorney's Fees $ 1,250.00
Court, Sheriff and Title Costs $ 2,500.00
TOTAL $56,599.10
plus interest on the principal sum ($47,825.81) from March 12, 2003, at the rate of $10.80 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s)
do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $56,599.10, with interest thereon at the rate of $10.80 per diem from March 12, 2003 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
JAMES, ~& CONNELLY LLP
BY:
Scott Ae/D~e~enck, Esquire
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
PROMISSORY NOTE
eferencos In Ihs shaded area ara for Lender's use only and do not limit the spplicabilll)~ of this d_,~c,_,ment lo any perllcular loan or Item.
Borrower: RoberlL. Allen, Jr. (SSN.' 184-S4..~322) Lender: FARMERS AND MERCHANTS TRUST COMPANY OF
Jodl B. Allen (SSN-' 209-46-0825) CHAMBER-~SURG
303 Oakvllle Road NEWVlLLE OFFICE
Shlppensburg, PA 17257 20 SOUTH MAIN STREET
P. O. BOX 6010
CHAMBERSBURG, PA 17201.-6010
Principal Amount: $59,307.61 Interest Rate: 7,740% Date of Note: August 17, 1999
PROMISE TO PAY. I promise to pay to FARMERS AND MERCHANTS TRUST C~MPANY OF CHAMBERSBURG ("Lender"), or order, In lawful
money of the Unlled Slates of Amerloa, Ihs prlndipol amount of Filly Nine Thousand Three Hundred Seven & 611100 Dollars ($59,307.61),
Iogsther wilh Interest st the rate of 7.740% per annum on the unpaid prtnclpel balanoa from August 23,1999, until paid In full. The Interest reis
will not Incrasse above 18.000%. The Interest rate on this Note will Increase under the following ofrcumstancas: Stopping aulomoflc draft
rrOm .F&M accou.nl a?d/or_l.?.r_mln~lon .of F~. ore..account. The Iht.crest rats on this Note will Increase as follows; by .25% for terminating
easom eccoun! or Dy .5o'~ lot slopping emomasc paymanL. Unless waived by Lender, any Increase In the Interest rate will Incr(~.ase the
amounl of my final payment.
PAYMENT. SUbject I0 any payment changes as described shove~ I will pay this loan In 119 payments of $711.24 each payment and an Irregular
last payment estimated at $710.63. My first payment Is due September 20, 1999, and ail subsequent payments are due on the same day of
each month after thst. My final payment will bo due on August 2o, 2009, end will be for ail prlnclpst and all accrued Interest not yet paid.
Payments Include principal and Interest. Interest on this Note is computed on a 365/365 simple Interest basis; that is, by applying the ratio of the
annual Interest rate over Ihs number of days In a year, multiplied by the outs!ending principal balance, multiplied by the actual number of days Ihs
principal balance Is outstanding. I will pay Lender at Lender's address shown above or al such other place as Lender may designate in wdting. Unless
otherwise agreed or required by applloable law, payments will be applied first lo accrued unpaid Interest, then to principal, and any remaining amount
to any unpaid colleofion costs and late charges.
MAXIMUM INTEREST RATE. Under no circumstances will the interest rate on this Note exceed the lesser of 18.000% per annum or the maximum rate
allowed by applicable law.
PREPAYMENT. I may pay without penalty all or a podlon of the amount owed earlier Ihen it Is due. Early payments will not, unless agreed to by
Lender In writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal
balance due and may result In me making fewer payments.
LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularly ~cheduled payment.
DEFAULT. I will be In default If any of the following happens: (a) I fall to make any payment when due. (b) I break any promise I have made to
Lender, or I fell 1o comply with or to perform when due any other farm, obligation, covenant, or condition contained in this Note or any agreement
related to this Note, or in any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or
on my behalf is false or misleedlng in any material respect either now or at the time made or furnished. (d) I die or become Insolvent, a receiver is
appointed for any pad of my properly, I make an assignment for the benefit of creditors, or any proceeding Is commenced eithe~ by me or against me
under any bankruptcy or Insolvency laws. However, my death will not be an event of dafeuti if as a result of the death the Indebtedness ls fully covered
by credit life Insurance. (e) Any creditor tries to take any of my property on or In which Lender has a lien or secudfy interest. This Includes a
g,=rnishment of any of my accounts with Lender. (~ Any of the events doscdbed in this default section occurs with respect to any guarantor of this
Note. (g) Lender in good faith deems itself Insecure.
If any default, other then a default In payment, Is curable and if I have not been given a notice of a breach of the same provision of this Note wilhin Ihs
preceding Iweive (12) months, it may be cured (and no event of default will have occurred) If I, after receiving wdften notice from Lender demsndlng
curs of such default: (a) cure the default within fifteen (15) days; or (b) II the cure requires more then fifteen (15) days, immediately initiate steps which
Lender deems in Lender's sole discretion to be sufficient lo curs the default and thereafter continue and complete all reasonable and necessary steps
sufficient to produce compliance as soon as reasonably pracilcel.
LENDER'S RIGHTS. Upon default, Lender may, after giving such nollcas as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest Immediately due, and then I will pay Ihet amount. Lender may hire or pay someone else It help collect this
Note If I do not pay. I also will pay Lender that amount. This Includes, subject to any limits under applicable law, Lender's afforneys' fees and Lender's
legal exper-',=as whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts It modify or
veoafe any automatic stay or Injunction), appeals, and any anticipated past-Judgment collecllon services. If nol prohibited by applicable law, I also will
pay any court casts, in addilion to all other sums provided by law. If Judgment Is entered in connection with this Note, Interest will continue to accrue
on this Note after judgment at the existing Interest rate provided for In lhls Note. This Note hse been dailvererl to Lender and accepted by Lender In
the Commonwealth of Pennaylv,mla. If there Is · few~ull, I agree upon Lender's request to submit Io the Jut!edit!Ion of the courts of Franklin
Courtly, the Commonwealth of Pennsylvania. Thfe Note shall be governed by and construed In accordance with the laws of the
Commonwealth of Pennsylvania.
RIGHT OF SETOFF. I grant to Lender a contraCtual security Interest In, and hereby assign, convey, deliver, pledge, and transfer to Lender all my right,
title and Interest In and to, my accounts with Lender (whether checking, savings, or some other account), Including without limitation ell accounts held
Jointly with someone else and all accounts I may open In the future, excluding however all IRA and Keogh accounts, and all trust accounts for which Ihs
grant of a security Interest would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, 1o charge or setoff all sums owing
on this Note against any and all such accounts.
COLLATERAL This Note Is secured by a Mortgage dated August 17, 1999, lo Lender on raei property located in Cumbadsnd County, Commonwealth
of Pennsylvania, all the terms and conditions of which ara hereby Incorporated and made a part of this Note.
08-17-1999 PROMISSORY NOTE Page 2
Loan No (Continued)
GENERAL PROVISIONS. Lender may delay ~ fo, go enforcing any of I~s Hghts or remedies under this Note without losing them. I and any olher
person who signs, guarantees or endomes Ihls Note, to the extent allowed by law, wane presentment, demand for payment, protest and notice of
dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker,
guarantor, accommodation maker or endorser, shall be releesed from Ilsbil~y. All such parties agree that Lender may renew or extend (repeatedly and
for any length of lime) this loan, or release any party or guarantor or collateral; or Impair, fail to realize upon or perfect Lender's security Interest In the
collateral. All such parties also agree that Lender may modify this loan wllhout Ihs consent of or nofloa to anyone other then Ihs psrfy with whom the
modification Is made. The obllgefions under this Note are joint and several. This means that the words '1", "me", and "my" mean each and all of the
persons signing below.
PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO
COSIGNER SET FORTH BE[OW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A
COMPLETED COPY OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
Robed L. Allen, Jr.
dSdl B.NI~n ........... '= ..............
~lgned, acknowl~~~ence of: Witness / . - "
x
Witness
NOTICE TO COSIGNER
You are being asked to geerenfae this debt. Think oarefolfy before you do. If the borrower doesn't pay the debt, you will have to. Be sure
you can afford to pay If you have to, and that you want lo accept this reeponalblll[y.
You may have to pay up lo the full amounl of the debt If the borrower does not pay. You may also have to pay late fees or collectlou costs,
which Increase this amount.
The lender can collect thte debl from you wlthoul first hying to collecl from the borrower. The lender can use the same collectlou methods
against you that can be used -,galnat the borrower, such aa suing you, gsmlMtlng your wages, etc. If this debt te ever In default, that fact may
become ,, pad of YOUR oredll record.
Thle notice te not the conlrac! that makes you liable for the dchL
~l:Xed R&te. lrlstallment. LASER PRO, Reg. U.S. Pat. & T.M. Off.. Var. 3.27 (c) 1199 OFI Pr oSarvlees, ina. All riehl, re,erred. IPA-D20 ALLENRLJ.LN S4.OVLI
EXHIBIT "B"
RECORDATION REQUESTED B,;
FARMERS AND MERCHANTS TRUST
CHAMBERSBURG
20 SOUTH MAIN STREET
Po O. BOX 6010
CHAMBERSBURG, PA 17201-6o10
WHEN RECORDED MAIL TO:
FARMERS AND MERCHANTS TRUST
CHAMBERSBURG
20 SOUTH MAIN STREET
P. O. BOX 6010
CHAMBERSBURG, PA 17201-6010
SEND TAX NOTICES TO:
Robert L. Allen, Jr. end Jodl B. Allen
3o30akvllte Road
Shtppeneburg, PA 17257
COMPANY OF
COMPANY OF
REOORDER OF DEEDS
OUIJE~ERLAN[~) OOUNTY-pA
HUG 25
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE IS DATED AUGUST 17, 1999, between Robert L. Allen, Jr. end Jodi B. Allen, whose address is
303 Oakvllle Road, Shippensburg, PA 17257 (referred to below ss "Grsntor"); and FARMERS AND MERCHANTS
TRUST COMPANY OF CHAMBERSBURG, whose eddres~ Is 20 SOUTH MAIN STREET, P. O. BOX 6010,
CHAMBERSBURG, PA 17201-6010 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and
mortgages to Lender all of Grantor's right, flue, end Interest In and to the following deecdbed real property, together with all e)dsilng or subsequently
erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all Ilbedlss,
pdvflegee, tenements, hemdltsmants, and appurtenances Iherauct0 belonging or anywise made appurleneot hereafter, and the revemlons and
remainders with respect thereto; all water, water fights, watercourses end ditch rights (including stock In utilities with ditch or Irrigation rights); and all
other rights, royelfles, and profits relaUng to the real property, Including without m tsflon el minerals, oil, gas, geothermal and similar matters, located
in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"):
SEE EXHIBIT A
The Real Property or its address la commonly known as 303 Oakville Road, Shlppensburg, PA 17257.
Grantor presenfly assigns to Lender ell of Grantors right, title, and Interest In and to all leases of the Property end all Rents from the Properly. In
addition, Grantor grants to Lender a Uniform Commercial Cede security interest In the Personal Properly and Rents.
DEFINITIONS. The following words shell have the following meanings when used In this Mortgage. Terms not othemdsa defined in this Modgags shall
have the meanings attributed fo such terms in the Uniform Commercial Code. All references lo dollar amounts shall mean amounts in lawful money of
the United Steles of America.
Granlor. The word "Grantor" means Robert L. Allen, Jr. and ~J0dl B. Allen. The Grantor Is Ihs mortgagor under this Modgage.
Guarantor. The word "Guarantor" means and Includes without limitation each and all of the guarantors, sureties, and eccommodaUon parties In
connecflon with the Indebtedness.
Improvements. The word "Improvements" means and Includes without limitation all extsflng and future Improvements, buildings, structures,
mobile homes affixed nn the Real Property, ~c~llUes, ."dd!fle,qs, r~.pl;cemsn~s and ulher co,",sb ucUon on the Real Property.
Indebtedness. The word "Indebtedness" means all pdnclpel and interest payable under the Note and any amounts expended or advanced by
Lender to discharge obllgeflons of Grantor or expenses Incurred by Lender to enforce obllgeflons of Grantor under this Mortgage, together with
Interest on such amounts as provided In this Mortgage. In eddiflon to the Note, the word "Indebtedness" Includes all obligaUons, debts and
liabilities, plus Interest thereon, of Grantor fo Lender, or any one or more of them, es well as all claims by Lender against Grantor, or any one or
more of them, whether now existing or hereafter aflsing, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
whether due or not due, absolute or conflogent, liquidated or unllquldated and whether Grantor may be liable Individually or JolnUy with others,
whether obligated as guarantor or othemvise, and whether recovery upon such Indebtedness may be or heroatter may become barred by any
statute of limitations, and whether such Indebtedness may be or hereafter may become othe~vlse unenforceable.
Lender. The word "Lender" means FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Its successors and assigns. The
Lender is the modgagee under this Morfgsge.
Mortgage. The word "Mortgage' means this Mortgage between Grantor and Lender, and Includes without Ilmlteflon all assignments and security
Interest provisions reteUng to the Personal Property and Rents.
Note. The word "Note" means the promissory note or credit agreement dated August 17, 1999, in the original principal amount of
$59,307.61 from Grantor to Lender, together with all renewals of, extensions of, mocllflceU0ns of, reflnenclngs of, consolidations of, and
substitutions for the promissory note or agreement.
.Personal Prop?rty. The words "Personal Property" mean ell equipment, fixtures, and other articles of personal property now or hereafter owned
uy urantor, eno now or hereafter attached or affixed to the Real Property; together with all eocesslons, parts, and addlflons to, all replacements of,
and all substitutions for, any of such property; and together with ell proceeds (Including without Ilmltefion all Insurance proceeds and refunds of
premiums) from any sale er other disposition of the Properly.
Property. The word "Properly" means collaotlvely the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the properly, Interests and rights described above in the "Grant of Mortgage" section.
Related Documents. The words 'Related Documents" mean and Include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments, agreements and
documents, whether now or hereafter existing, executed In connecUon with the Indebtedness.
Rentn. The word "Rents" means all present and future rents, revenues, income, Issues, royalties, profits, and uther benefits derived from the
Property.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS
MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Modgage, Granfor shall pay to Lander all amounts secured by this Mortgage
as they become due, and shall stdcUy perform all of Grantors obligations under this Modgege.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantors possession and usa of the Properly shall be governed by the
following provisions:
Poseeselon and Use. Until in default, Grantor may remain in possession and control of and operate and manage the Property and collect the
Rents from the Property.
Duty to Msintatn. Grantor shall melnlsin the Property In tenantable condition and promptly perform all repairs, replacements, and malnlenence
necessary to preserve Its value.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release,' and "lhreateced release," es used In this
Modgege, shall have the same meanings as set forth In the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Sscflon 9601, et seq. ("CERCLA"), the Superfund Amendments and Reeuthorlzaflon Act of 1986, Pub. L No. 99-499
("SARA"), the Hazardous Matedsis Transportaflon Act, 49 U.S.C. Section 1801, et seq., the Resource Conservaflon and Recovery Act, 42 U.S.C.
Section 6901, et seq., or olher applicable stele or Federal laws, rules, o[ r~eg_ulaflons adopted pursuant fo any of the foregoing. The terms
08-17-1999 MORTGAGE
Loan No (Continued) Page 2
"~.-zardolJS waste" and "h~.~dous substance" shall also Include, without limitation, pelroleum end petroleum by-products or any ~racllon theraof
en.d esbest .o?. Granfo.r r .eprese.nts snd.w .a,':rants to Lender that: (a) During the pmJod of Grenfor's owcemhl
use, generation manu;actura, s[orage, Iraa;ment disposal release or IhreetenAd mb,a-- -' ..... p of the P.rop. erfy, there has bean no
, ............ ~, ur any cezaroous waste or suostance by any person on,
under, about or from the Properly;, (b} Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to
and acknowledged by Lender in wdting, (I) any use, generation, manutecture, storage, treatment, disposal, release, or threatened release of any
.~h~..rdous ..w..ast.e. or su.bstance on under, abo.ut o.r from the Property by any prior, owners Or.occupants of the Properly or (il) any actual or
Ihraa~ehed I~}ga,on or Claims of shy klhd by any I~emon relating fo such matters; and (c) Except as previously disclosed to and acknowledged by
Lender In writing, (I) neither Grantor nor any tenant, contractor, agent Or other authorized user Of th· Property shall use, generate, manufactura,
store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Pruperty and (11) any such activity shall be
conducted In compliance with all applicable tedeml, stele, and local laws, regulations and ordinances, Including without limitation those laws,
ine, egl~letions, a.nd.ordlnances described above. Grantor authorizes Lender and Its agents fo enter upon the Preperty to make such Ins ectio
, a..t Grant?rs. expense, as Lender may deem apprupflate fo determine com.,ll-~ ''~ #-- ~ .................. P ns and
specsons or ~esls made by Lender shall be for Lender's numo~¢=e n.lu a..~ .~.~ ---_,~.~._v,__~_~._~-_~ ~u~. [y Wl[.n [n~s section or me Mortgage. Any
pad of Lender to Grantor or to any other person; . .,- ..... · .... =,,=,, .u, u= =ons~ruao To create any responsibility or fleblilfy on the
The representations and warranties cootalned herein are based on Grentor's due diligence In
Investigating the Properly for hazardous waste and hazardous substances. Granter hereby (a) releases and waives any futura claims against
Lender for Indemnify er contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees fo
Indemnify and hold harmless Lender against any and al claims losses liabli§ss damages canailles and e
Indiraclly sustain or suffer resultin~ from ~ h.~,..~..~'~.~...__,' ..... .,~ --' _, . , , exp nses which Lender may dlr~tiy or
· .~ - ~,==~,, ~.. ,.,= =,=u~u. ~ [ne r~ongage or as · consequence of any use, generation, n'~anuteotura,
storage, disposal, release or threatened release of' a hazardous waste or substance on Iha properties. The provisions of this section of the
Mortgage, Including the obligation fo Indemnity, shall sUrvive the payment of the Indebtedness and the satistaction and reconveyance of the lien of
this Mortgage and shall not be affected by Lender's acquisition of any Interest In the Pruperty, whalher by foreclosure or othenvlse.
Nulseoce, Waste. Grantor shall not cause, conduct or permit any nuisance nor commtl, permit, or suffer any stripping of or waste on or Io the
Propady or any portion of lhe Properly. Without limiting the generality of the foregoing, Greoter will not remove; er grant lo any other party the
dghl Io remove, any timber, minerals (including oli and gas), soil, gravel or rock products without the pdor written consent of Lender.
Removal of Improvemeof~. Granter shall not demolish or remove any Improvements from the Real Properly withOut Ihe pdor wrilten consenl of
Lender. As a condition te the removal of any Improvements, Lender may require Grantor to make arrangements satistaotory to Lender 1o replace
such Improvements with Improvements of al least equal valUe. ·
Lender's Right !o Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's Interests and te Inspect Ihs Property for purposes of Grentor's compliance with the terms and conditions of this Modgege.
Compliance with Govemmenlal Requirements. Granter shall promptly comply wtih eli laws, erdinances, and regulations, now or hereafter In
effect, of all governmental authorities applicable to Ihe usa or occupancy of lhe Propady. Grantor may conlesl in good faith any such law,
ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has nottitad Lender In
writing pdor to doing so and so long as, In Lender's sole opinion, Lender's interests In the Properly ara not Jeopardized. Lender may require
Grantor to post adequate sscurlfy or a surety bond, reasonably sstistacfory Io Lender, fo protect Lender's Interast.
Duty t..O P.l'otoct.. Grantor.agrees neither fo ab?ndon nor leave U.n.@~ten~ed the ~opedy.,.Gr~tor sba!! do al! other acts, In addition to those asts
set Iortn aoove In this secnon, which from the character and use of the Property are reasonably necessary t° Protect and prese~ the Properly.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Its option declare Immediately due and payable all sums secured b thl
~ .or..lranster, .w. lthout the Lender's prior written consentl of all ~' any part of lhe Real Pro,,e,~, or a"" In' ......... ~y . ~s Mortg. age. upo.n lhe
transfer means me conveyance of Real Pr¢~edv nr .nv rl~kt ~=-- -- =-~----, ~ , ~ .,'.. ,?, . ,,}' ~=,~'~ ~r~ [~ ~eal ~roperty. A "sale er
- -.-.-. - --...=.., ,,.,= u, .~=-~ merem; wne~nar I al benatiolal or · ·
Involuntary; whether by outright sale, dead, Installment sale contract land contract conlra,'~ ~ ~ ~ .............. q.~u~l!~able.; whether. vol..unla[y., or
(3) years, lease-option contract, or , , ., .~ u~, ,=a~l,u~u #l~f~[ wl[na [erin greater man ;nrea
by sale, asalgnmect, or Iranster of any beneficial Interest In or fo any land trust holding title to the Real Properly, or
by any other method of conveyance of Real Properly Interest. If any Grantor Is a corporation, partnership or Ilmlh~l liability company, transfer also
las~llt~de~a~YrnCah~eg~. ~ ~r~nn~o~.h. lPH(~v~re. ~hh~sno~'~nfy;~l nPoe~b~ot (25%.)o! !he .ti.rig .s.lock; psdce.rshlp Interests or mlted liab fy company interests,
law. , · , p oe exerclseo Dy Lenaer Ir sucr~ exercise is prehlbltad by f~:b~'al Iaw or by Penosylvanla
TAXES AND LIENS. The following provisions relating to the taxes and liens on lhe Properly are a part of this Modgege.
Payment. Grantor shall pay when due (and in ali events pdor fo delinquency) all taxes, payroll taxes, spsclel taxes, assessments, water charges
and sewer service charges levied against or on account of the Properly, and shall pay when due all'claims for work done on or for set.cas
rendered or matehel furnished Io the Property. Grantor shall maintain the Properly free of eli liens having pdoHfy over or equal to the Interest of
Lender under this Mortgage, excepl for the lien of taxes and assessments not due, and except as cthanvlse previded in Ihe following parngreph.
Rlgflt To Contest. Granter may withhold payment of any tax, assessment, or claim In connection wilh a good faith dispute over the obligation to
pay, so long as Lender's Interast In the Property IS not jeopardized. If a lien a~ses or is filed as a result of nonpayment, Grantor shell within fifteen
(15) days after the lien arises or, If a lien Is ~ed, within fifteen (~5) days alter Granfor..hes notice of the tiling, secure the discharge of Ihe lien, or If
requested by Lender, depeslt with Lender cash or a sufllclent corporate surety bond er other secudiy setistaotory fo Lender In an amount sufficient
fo discharge the lien plus any costs and afforneys' fees or other charges that could accrue aS a result of a foreclosure or selS under the lien. In
any oontesl, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Properly. Grantor shall
name Lender as an additional obliges under any surety bond furnished In the contest proceedings.
Evldeoce of Paymenl. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental o~lclal fo deliver to Lender at any time a Written stetamenl of the taxes and assessments against the
Property.
Notice of Conatrucllon. Grantor shall notify Lender et least tiltean (15) days before any work Is commenced
materials are supp led to the Prope,.~, If an= mechanl-:,~ il~n ~'-'-:-'-':~ £ .... ' ;.... . .., . ,?ny services are furnished, or an
or materials. Grantor will upon re,',uest of Lender turn -~' '- - ........... -. ..... .o,n account of the work, services
cost of such improvements. ~ ,=. tu ~-u,~uur acwanna assurances sellstectory ~o Lenoer Inet Grantor can and will pay lh~
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Properly sra a part of this Mortgage.
Malntenaoce of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a
replacement basis for the tull Insurable value covering all Improvements on the Reel Properly In an amount euffiolent to avald appllnation of any
coinsurance clause, and with a standard modgagea clause In favor of Lender. Policies shall be wfllten by such insurance companies and In such
form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a
stipulation that coverage will not be cancelled or diminished without a minimum of ten (tO) ds rior wnlt
any discfa!mer of the Insurar's Ilabli ty for fa Jra t° -Iye s,-h nntin~ ~ .... : .; ys'.P .! .e~l. ~o~lce to Lender and not containing
coverage in favor of Lender' w not be Impaired in~n- ~'~ ~..;-::..:.__~u=. !_n~urence..p.ol1.1~.. a.lsp snail Include.an endorsement providing that
Properly at any time become located In an area des~,-,nated b- th- n,~..., .............. or..or any other person. Should the Real
hazard ar., Grantor agrees to obtain and maintain F~eral FIo;~d I~s~'r~n~fo~l~eefl~l==-r~,e- -r~. · M. acege .m.e...nt .Agency as a spsclel tiood
u,,pa~o pnnolpal oelan~e o! ina loan and any prior liens on
the property securing the loan, up te the maximum policy limits set under the National Rood Insurance Program, or as otherwise required by
Lender, and to maintain such Insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Properly. Lender may make proof of loss If Grantor
tails to do so within tilteen (15) days of the casualty. Whether or not Lender's sscurlfy is Impaired, Lender mey,.at Its election, apply lhe proceeds
to lha reduction of the Indebtedness, payment of any lien a~fscflng tha Property, or the restoration and repair of the Property. Il' Lender elects to
apply the proceeds to restorallon and repair, Grantor shall repair or replace the damaged er destroyed Improvernants In a manner saflsfecte~7 fo
Lender. Lender shall, upon selistecfory proof of such exper~dtiure, pay or reimburse Granter from the proceeds for the reasonable cost of repair
or restoration if Grantor Is not In default under this Modgage. Any proceeds which have not been dlsbumed within 180 days'after their receipt and
which Lender has not oommlfled to the repair or restoration of the Property shall be used flret to pay any amount owing to Lender under this
Morlgage, then to pay accrued Interest, and lhe remainder If any, shall be applied to Iha principal balance of t
any proceeds after payment In full ef the ndebtedness, such proceeds shall ba paid fu Granlor. ~i0~(~e~so4~der holds
Unexpired Insurance at Sale. Any unexpired Insurance shall inure to the benal~t of, and pass to, the pumhaser of lhe Property covered by this
Mortgage at any trustee'e sale or other sale held under the provisions of this Modgaga, or at any foreclosure sale of such Property.
EXPENDITUFIE$ BY LENDER. If Grantor falls to comply wilh any provision of this Morlgega, or If any action or proceeding Is commenced that would
materially affecl Lender's Interests In the Property, Lender on Grantor's behalf may, but shall not be required fo, take any action that Lender deems
appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for In the Note from the date incurred or paid by
Lender to lha date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the
Note and be apportioned among and be payable with any Installment payments to become due during either (I) the term of any applicable Insurance
policy or (ii) the remaining term of lhe Note, or (c) be lrauted as a balloon payment which w~# be due and payable at the Note's maturity. This
Mortgage also will secure payment of the ~ounts. The rights proVided for tn this paragraph .~ '~e In addition to any other rights or any remedies
t~ which Lender may be entitled on accob, . .~f the default. Any such ection bv Lender ~h,~ll nnf h~ .:hn~frllarl aa ~.~r{nn
08-17-1999 MORTGAGE
Loan No (Continued) Page 3
from any remedy that Il utherwtse would have had. Grantor's obligation 1o Lander for all such expenses shall survive the entry of any modgage
foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating I~o ownamhlp of Ihe Properly are a part of this Mortgage. ~-'~
Title. Grantor warrants that: (a) Grantor holds good and' marketable title of record to the Properly In fee simple, free and clear of all liens and
encumbrances other lhen those set forth In the Reel Property desoriptlon or in any title insurance policy, title repod, or final title opinion issued In
favor of, and accepted by, Lender in connection with this Modgaga, and (b) Grantor has Iha full right, power, and authority to execute and deliver
this Modgage to Lender.
Defense of Title. Subject 1o the exception In the paragraph above, Grantor warrants and will forever defend the title 1o the Property against the
lawful claims of all persOns. In the event any action or procasdlng Is commenced that questions Grantor's title or the Interest of Lender under lhls
Modgage, Grantor shall defend the action at Grantors expense. Grantor may be the nominal padY In such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented In Ihe proceeding by counsel of Lender's own choice, and Grantor will deliver, or
cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation.
Compliance With .laws. Grantor warrants that the Propedy and Grantor's use of the Property complies with all existing applicable laws,
ordicencas, and regulations of governmental authorities.
CONDEMNATION. The following provisions relating to condemnation of the Properly are a part of thIs Mortgage.
Application of Net Proceeds. If all or any pad of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at Its election require that all or any por~on of the net Proceeds of the award be applied to the Indebtedness
or the repair or restoration of the ProPerly. The cat proceeds of the ~ erd sha,I mean the nward Offer payment of all actual costs, expenses, and
attorneys' fees Incurred by Lender In connection with the condemnation.
Proceedings. If any proceeding In condemnation Is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be
enfllled to participate in the proceeding and to be represented In the proceeding by counsel of its own choice, and Grantor will deliver or cause Io
be delivered to Lender such Instruments as may be requested by It from time to time to permit such participation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees
and charges are a part of this Mortgage:
Currenl Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents In addition to this Mortgage and take
whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender fei all
taxes, as described below, together with all expenses incurred In recording, perfecting or conUnulng this Mortgage, Including without limitation all
taxes, fees, documentary stamps, and other charges for recording or registering lhls Mortgage.
Taxes. The following shall constitute tsxes to which this section applies: (a) a specific lax upon this lype of Mortgage or upon all or any pad of
the Indebtedness seourad by this Mortgage; (b) a specific tax on Grantor which Grantor ts authorized or required to deducl from payments on the
Indebtedness secured by lhis type of Modgnge; (c) a tax on thIs type of Modgage chargeable against the Lender or lhe holder of the Note; and
(d) a specific tax on all or any podlon of the Indebtadnass or on payments of principal and Interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to fha date of this Mortgage, this event shall have lha same
effect as an Event of Default (as defined below), and Lender may exercise any or all of Its available remedies for an Event of Default as provided
below unless Grantor either (a) pays the tax before ti becomes delinquent, or (b) contests the tax as provided above In the Taxes and Liens
section and deposits with Lender cash or a sufficient Corporate surety bond or other SeCurity ssfistactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage.
Security Agreemenl. ThIs Instrument shall constitute a security agreement lo the extanl any of Ihe Properly constitutes f'[xtures or other personal
properly, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Securlly Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action Is requested by Lender to
perfect and continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Mortgage in the real property
records, Lender may, at any time and without fadher authorization from Grantor, file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall reimburse Lender Ior all expenses Incurred In perfecting or continuing this security Intarast.
Upon default; Grantor shall aSsemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three (3) days after receipt of wrilten demand from Lender.
Addre~ee$. The melting addresses of Grantor (debtor) and Lender (secured pafly), from which Information concerning the security Interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Modgaga.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following previsions relating to fudher assurances and altorney-ln-facl are a part of lhis
Mortgage.
Further Assurances. At any time, and from time to lime, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause 1o be filed, recorded, raffled, or
rerecorded, as the case may be, al such times and In such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, Continuation statements, Instruments of fudhar assurance, certificates,
and other documents as may, In Iha sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or
preserve (a) the obligations of Grantor under the Note, thIs Mortgage, and Iha Related Documents, and (b) the liens and security interests
created by thIs Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor Unless prohibited b law
or. agreed to the contrary by Lender In writing Grantor shall i'elmburse Lender for all costs and ,~,~-,en=~ ,M,.;...~ ,. ". .............. Y.!
reTerred to n the paragraph. ~ ~g II~UIl~ III ~JUHIIU(~iiI~IFI With ina manars
Attorney-In-Fact. If Grantor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and In the name of
Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's aflorney-ln-tact for the purpose
of making, executing, dellvadng, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
accomplish the maters referred 1o In the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this
Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on file evidencing Lender's security Interest In the Rents and Ihe Personal Property. Grantor will pay, If permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
DEFAULT. Each of the following, at the option of Lender, shall constitute an event of detau t ("Event of Default") under this Mortgage: Defaull on Indebtedneas. Failure of Grantor to make any payment when due on the IndebtedneSS.
Default on Other Payments. Failure of Grantor within the lime required by this Mortgage lo make any payment for taxes or insurance, or any
other payment necessary to prevent filing of or to effect discharge of any lien.
Compliance Default. Failure of Grantor to comply with any other tarm, obligation, covenant or condition contained In this Mortgage, Iha Note or in
any of the Related Documents.
False Stafemenla. Any wan'anty, representation or statement mede or furnished 'to Lender by or on behalf of Grantor under this Mortgage, the
Note or the Related Documents Is false or misleading In any material respect, either now or at the time made or furnished.
Defactlve Coltaterallzatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral
documents 1o orasta a valid and peHectad security Interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a recelvar for any part of Grantor's property, any
assignment for the benefit of creditom, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency
laws by or against Grantor. However, the death of any Granlor will not be an Event of Default if as a result of the death of Grantor the
Indebtedness Is fully covered by credit life insurance.
Foreclosure, Forfallure~ elc. Commencement of fOreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or
any other method, by any creditor of Grantor or by any governmental agency against any of the Properly. However, this subsection shall not apply
In the event of a good faith dIspute by Grantor as to the validity or reasonableness of the claim which Is the basis of the foreclosure or forefeltura
proceeding, provided that Grantor gives Lender wrilten notice of such claim and furnIshes reserves or a surety bond for the claim satisfactory to
Lender. i~ 15~ {~ ~
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender. that is not remedied
within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Grantor to
08-17-1999 MORTGAGE
~ .~ . Page 4
Loin No (Continued)
Le,~GU,, whsther ~,ai~i;.g now or later.
Events Affecting Guarantor. Any of lha preceding events occurs with respect lo any Guarantor of any of the Indebtedness or any Guarantor dice
or becomes Incompetent, or revokes or dlspofes lhe validity of, or liubllity under, any Guaranty of the Indebtedness. Lender, al Ils option, may, but
shall not be required to, permit Ihs Guarantor's estate to assume unconditionally the obligations arising under the guaranty In e manner satisfector7
!o Lender, and, In doing so, cure the Event of DstaulL
Ineecurtly. Lender In good fallh deems itself In~ecl~re.' '
Right Io Cure. If such a failure Is curable end If Granlor has not been given a notice of a breach of the Same prevision of this Mortgage within the
preceding Iwalve (12) months, It may be cured (and no Evenl of Deteuil will have occurred) If Grantor, after Lender sends whiten notice
demanding cure of such failure: (a) cures the failure within tiffeen (15) days; or (b) If the cure requires more than fifteen (15) days, Immediately
Initiates slaps sufficient !o cure the teliure end thereafter continues and completes all reasonable end necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and al any time thereafter, Lender, at Its option, may exercise
any one or mom of the following rights end remedies, In addition to any olher rights or remedies provided by law:
Accelerets Indebtedness. Subject to applicable law, Lender shall have the right at its option wtihoul notice to Grantor to declare the entire
'Indebtedness Immediately due end payable.
UCC Remedtes. With respect to all or any pad of the Personal Property, Lender shall have all tha rights and remedies of a secured pady under
the Uniform Commercial Code.
Collect Ranis. Lender shall have the right, without notice 1o Grantor, te take possession of the Property and, with or without taking possession of
Ihs Properly, to collect the Rents, Including amounts past due end uopald, end apply the net proceeds oVer and above Lenders cos
t.h,e Indebtedness n fudherance of this dght Lender may renuire anu ien--~ ~ ^*~-~ .--- -. ,L_. -,.-.. . . ' Is, age net
d~rectiy to Lender. If the Rents are collected bv L,~n.~- ;ho. =~.~ .... ............. pen./_ . . p ymen[s of rent or use fees
~ - -.., .... ~,=.,~ .~avu,~amy Oeslgnales Leneer es f~renlor's attorney-in-tect to endorse
InslrumecIs recalved In payment thereof In the name of Grantor and te negotiate the same and collect the proceeds. Payments by tenants or
other users to Lender In response to Lenders demand shell Satisfy Ihs obligations for which the payments are made, whether or not any proper
grounds for the demand existed. Lender may eXercise Its rights under lhls subparagraph either In person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have · recalver appointed to lake possession ct all or any part of the Property, with the power to
prolacl and preserve the Property, to operate the Properly preceding foreclosure or sale, and to collect the Rents from the Properly and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permlffed by law.
Lender's right to the appolnlmeot of a receiver shall exist whether or not Ihs apparent value of the Property eXceeds the Indebtedness by a
substantial amount. Employment by Lender shell not disqUallly e person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a JudiCial decree foreci~singGrantor's interest in ali or any part Of the PrOPerly. '
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Granior's Interest In all or In any part of the Personal Properly or the Real
Properly by nonjudicial sale.
Deliclency Judgment. Lender may obtain a Judgment for any deficiency remaining In the Indebtedness due lo Lender after application of all
amounts received from Ihs exercise of Ihs rights provided In this section.
Tenancy st Sufferance. If Grantor remains in possession of the Properly after the Propedy Is sold as provided above or Lender otherwise
becomes entitled to possession of the Properly upon default of Grantor, Granter shall become a tenant st sufferance of Lender or the purchaser of
the Properly and shall, at Lender's option, either (a) pay a reasonable rental for the uSa of Ihs Properly, or (b) vacate Ihs Properly Immediately
upon Ihs demand of Lender,
Other Remedies. Lender shall heYS all'other rights and remedies Provided in Ihis M(~Hga~e or the Note or available at law or in equity.
Sale of the Property. To the extent permlffed by applicable law, Grantor hereby waives any and all right to have the property marshalled. In
exercising Its rights and remedies, Lender shall be free te sell all or any part of Ihs ProPerty togsthar or separately, in one sale or by separate
sales. Lender shall be entitled lo bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of Ihs time and place of any public sale of the PersOnal Prope~y or of the time after
which any prlvste sale or other Intended dispusltion of the PerSonal Property Is lo be made; Unless olherwiss required by applicable law,
reasonable notice shell mean notice given at least ten (10) days before Ihs time of the Sale or disposition.
WalYer; Election o! Remedies. A wslver by any pady of a breach of a provision ct this Mortgage shall not constitute a waiver of or prejudice the
party's rights ofhenmiso to demand strict compliance with thai prOvisiOn Or any other provision. Election by Lender tO pursue any remedy shall not
eXclude purSuit of any other remedy, and an elation to make expenditures or take action to perform an obligation of Grantor Under this Mortgage
after failure of Grantor to perlorm shall not affect Lender's right lo declare a default and exercise Ils remedies under this Modgege.
Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of Ihs terms of this Mortgage, Lender shell be entitled to recover
such sum as the coud may adjudge reasonable as attorneys' fees st Idel and on any appeal Whsthar or not any coud action Is Involved
reasonable expenses Incurred by Lender that In Lender's onlnion are necessa-. -' ___ =__ .__'.L ....... , all
,x ~ a.y m[.~ for me protecson ct' IlS Imares; or the enforcement of
lIs rights shall become a pad of the Indebtedness payable on demand and shall bear Interest from the date of expenditure until repaid at the rate
provided for In the Note. Expenses covered by this paragraph Include, without limitation, however subject Io any limits under applicable law,
Lender's altornays' fees and Lender's legal expenses whether or not there Is a lawsuit, Including attorneys' fees for bankruptcy proceedings
(Including efforts to modlly or vacate any automatic slay or Injunction), appeals and any anticipated pest-judgment collecllon services, the cost of
searching records, obtaining lille reports (Including forectnsura reports), surveyorS' repods, and appraisal fees, and title Insurance 1o the ex'ten[
permitted by appllcebte law. Grantor also will pay any coud costs, In addition to eli other sumS provided by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be In writing,
may be sent by talstacsimlie (unless ofharwlse required by law) and shall be effective when ectualiy delivered or when
recognized overnight courier or If mailed shall be ~'.: .~.,.._., ..... ._ .............. ,... deposited with a nationally
, , , deemed qllfilly~ ii~H~H U~J[..'~II~I In ;ne Unlleo ,~lal~s mall srsl cass, certified or registered mall,
postage prepaid, dlrssted !o the addresses shown near the beginning of this Modgege. Any party may change Its address for notices under this
Mortgege by giving formal whiten notice lo the other parties, specifying that the purpose of the notice is to change Ihs party's address. All copies of
notices of foreclosure from the holder of any lien which has Priority oVer this Modgage shall be sent to Lender's address, as shown near Ihs beginning
of Ihis Mortgage. For holloa purposes, Grantor agrees to keep Lender Informed al all times of Grantor's current address.
MISCELLANEOUS PROVISIONS. The following mlscellanaouS provisions ara a part of Ihis Mortgage:
Amendmenla. This Modgage, togsthor wilh any Related Dosuinents, conslilutes the entire understanding and agraemenl of Ihs parties as 1o the
matterS set forth In Ihis Mortgage. No alteration of or amendment to this Mortgage Shall be effective unless given In wrillng and signed by the
party or parties sought lo be charged or bound by the alteration or amecdmant.
Applicable Law. This Morlgage has been delivered lo Lender and eccepled by Lender In the Commonweellh of Pennsylvente. thl$
Mortgage shall be governed by and construed In accordance with the laws of the Commonweellh of Peeneylveela.
Caption Headings. Caption headings In lhis Mortgege are for convenience purposes only and are not to be Usad to Interpret or define the
provisions of this Mortgage.
Merger. There shall be no merger of the Interest or estate created by lhts Mortgage with any other Interest or estate In Ihs Property al any time
held by or for the benstll of Lender in any capaclly, without the wrilten consent of Lender.
Multiple Parlles. All obligations of Grantor under this Mortgage shall be joint and several, end all references lo Grantor shall mean each end
every Grantor. This means thai each of Ihs per~ons signing below is responsible for all obligations In this Mortgage.
Severshlllly. If a coud of competent Jurisdiction rinds any provision of this Mortgage to be invalid or unenforceable as to any person or
circumstance, Such finding shall not render that provision Invalid or unenforceable es lo any other persons or circumstances. If feasible, any such
offending provtslon shell be deemed to be modified to be within the limits of enforceablilly or validity; however, If the offending provision cannot be
so modified, If shall be stricken and all other provisions of lhis Mortgage In ali other respects shall remsln valid and enforceable.
Successors and Asolgne. Subject 1o the limitations stated in th s Mortgage on transfer of Grantor's Inte
and Inure to the benefit of the r)edles th= hal,,,, ...... , ................ rest, this Mortgage shall be b ndi u on
.... ir ...... ~, ........ up-:~.~a.ves, successors a. no ess gna. f ownarsh p of the Properly becom:sngv~teI~
In a person other than Grantor, Lender, d
wllhoul notice to Grantor, may deal with Granlor's successors with reference to this Morlgege and the
Indebtedness by way of forbearance or extension without releasing Grantor frnm Ihs obligations of this Mortgege or Ilabllily under Ihs
Indebtedness. .
Time Is of the Essence. Time Is of 'Ssence In the performance of this Mortgage.
08-17-1999 MORTGAGE
Loan No (Continued) Page 5
W=;¥ers and C~;~. Lender shall not be dee~ied to have waived any rights under this Modgage (or under the Related Documents) unless
such waiver is In writing and s,~ned by Lender. No delay or omission on the pad of Lender In exercising any right shall operate as a waiver of
such right or any other right. A waiver by any party Of a provision of this Modgage shall not constitute · waiver of or prejudice the party's right
otherwise to demand sfllct compliance with that provision or any other provision. No prior waiver by Lender, nor any course of deellng between
Lender and Granfor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever
consent by Lender is required In this Mo,'tgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to
subsequent instances where such consent Is required.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS.
THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GRANTOR:
'Hobert L. Allen, Jr. ~.~ ...... "'
Signed, ackn edged a · the preSence of:
x
Witness /
x _.~'
Witness
Signed, acknowledged and delivered In the presence of:
X
Witness
X
Witness
CERTIFICATE OF RESIDENCE
I hereby certify, that the predse address of the modgagee, FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, herein is as
follows:
20 SOUTH MAIN STREET, P. O. BOX 6010, CHAMBERSBURG, PA 17201-6010 ~gaoee
INDIVIDUAL ACKNOWLEDGMENT
STATE OF ~yl6U/I,t~lyli~f_. )
/ ) ss
COUNTY OF ~-~_~/~#,~_ )
un , =ppearso/poaen L. ~ulen .. · , (0 satisfactorily proven) to be the person whose
names are subscribed lo the within Instrument, ~nd acknowledged lhet they executed the same for Ihs purposes therein contained.
In wltnesa whereof, I hereunto ssi my hand and official seal.
.~! ~ ~ry Public In and for the State of
L,.V~.r. 3.27 (c) 1999 CFI ProServlces. n(; A I rights reserved. [PA-G03 ALLENRLJ.LN Q4.OVL]
INotarial Seal I
Joann E, Tritt, Notary Public
Newville Boro, Cumberland Count~
My Commission Expires Aug. 8, 2002
A~emher, Pennsylvania ASSOCiation of Notaries
EXHIBIT A
Description of Real Estate:
ALL that certain real estate situated in the Village of
Oakville, ToWnship of North Newton, County of Cumberland
and State of Pennsylvania, bounded and described as
follows, to wit;
BEGINNING at a point in Main street in said village of
Oakville; thence Northeast by land new or formerly of
Mr~. Stella Stamey one hundred sixty (160) feet to a
point in an alley; thence by said alley Southeast to a
point in line of property now or formerly of R.J. Myers;
thence SOuthwest by said lands now or formerly of Myers
one hundred sixty (160) feet to a point' in said Main
Street; thence along said Main'Street Northwest sixty-
°ne (61) feet to the place of BEGINNING, improved with
a two-~tory dwelling house.
State of Pennsylvania ~.
CounWof Cumberland/ 86
Recorded in the offic,~ for the recording of Deeds
~ct. ~ for Cu_n~e,/land County, Pa./,///
in/a~Book/--,~-~ol. Page
w{t nes~ my hand and.,,s,~l of offi.c~..... ,,~.~
.Carlisle. PA this .._~(.,,'l_. day of (,~:~-~_ 19]-~-_
EXHIBIT "C"
7106 4575 12 3060 3702
Date: 12/13/2002
4575 1292 3060
3696
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the/m_n~,re of the default is provided in the a~ached pages
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able t,
help to save your home. This Notice explains how the program works.
..To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
.AGENCY WIrlHIN 30 DAYS OF THE DAI'E OF THIS NOTICE. Take this Notice with yol
when you meet with the Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving you.
..County are listed at the end of this Notice. If you have any questions, you may call th~,
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869):
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENDIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU'CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
717-264-6116
. 888,264-6116
P.O. B°x 6010.
Chambe.rsburg, PA
17201-6010
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Robert L. Allen, Jr.
Jodi B. Allen
303 Oakville Road
Shippensburg, PA 17257
3150019713
Farmers and Merchants Trust Company
Farmers and Merchants Trust Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE EI,IGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU-lq
HOME FROM FORECLOSURE AND HELP YOU MAR'F~ FUTURE MORTGAGE
PAYMENTS
IF YOU CAN COMPLY WITH THE PROVISION OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE UACT'), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
*IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
*IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
*IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
.TEMPORARY STAY OF FORECLOSURE-~Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to-face' meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the
date ' ·
of this meeting. The names addresses and tele hone numbers of desi nated consumer credit counselin
a encies for the coun in which the roe is located are set forth at the end of this Notice. It is only necessary to
schedule one face-to-face meeting. Advise your lender .immediately of your intentions.
_APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed
Homeowner's Emergency Assistance Program application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTiON--Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency unde{the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
{OU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN B
OWING PART OF THIS NOTICE I ~o,~,~ ................ · ANKRUPTCY,
OUL . _ S ,,,.,~,, ~,r~v~lo~ I'URPOSES ONLY AND
D NO,T.~BE C. ONSIDERED AS AN ATTE .MPT TO COLLECT THE DEBT. ·
ISHOULD p Oryou have filed ba~_ptcy you can stdl apply for Emergen~ Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT rin it u to date.
NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at 303
Oakville Road, Shippensburg, PA 17257, IS SERIOUSLY IN DEFAULT because you have failed to pay promptly
installments of principal and interest, as required, for a period of at least sixty (60) days.
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months of August
through November 2002. The following amounts are now past due:
Principal $1,722.81
Interest $ 143.35
Insurance $1,068.80
Other Charges:
Legal Fees $ 50.00
Late Charges $ 656.76
Escrow $ 0.00
TOTAL AMOUNT PAST DUE: $ 3,641.72
HOW TO CURE THE DEFAULT--you may cure the default within THIRTY (30) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $3,641.72 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PER/OD.
Payments must be made either by cash, cashier's check, certified check or money order mad~
payable and sent to'
FARMERS AND MERCHANTS TRUST COMPANY
P.O. BOX 6010
150 LINCOLN WAY EAST
CHAMBERSBURG, PA 17201
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, ..the lender intends to exercise its ri_~hts to accelerate th~,
~ This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
'also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
prol~erty.
.IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by
the Sheriffto pay off the mortgage debt. If the lender refers this case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorneys' fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorneys' fees
will be added to the amount that you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you will not
required to pay attorneys' fees
..OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun,..yg.g.
s_till have the right to cure the default and prevent the sale at any time up to one hour before th~:
Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or oth~.,r
.charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and
.any other costs connected with the Sheriffs' Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that
such a Sheriffs' Sale of the mortgaged property could be h&ld would be approximately six
months from the date of this Notice. A notice of the actual date of the Sheriffs' Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Farmers and Merchants Trust Company
150 Lincoln Way East, P.O. Box 6010
Chambersburg, PA 17201
717-261-3641
717-261-3646
Lorie M. Heckman
EFFECTS OF SHERIFF'S SALE--You should realize that a Sheriffs' Sale would end your
ownership of the mortgaged property and your fight to occupy it. If you continue to live in the
property after the Sheriffs' Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or
transferee that will assume the mortgage debt.
YOU MAY HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF
NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT.
(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED
UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
FINANCIAL SERVICES UNIJMITED
550 Cleveland Avenue
Chambersburg, PA 17201
717-261-1708
Franklin, Fulton, Cumberland, Adams, Perry Counties
CONSUMER CREDIT COUNSELING SERVICES OF WESTERN PA, INC.
A). 2000 Linglestown Road
Harrisburg, Pa 17102
717-541-1757
Adams, Cumberland, Dauphin, Perry and York Counties
B).
912 South George Street
York, PA 17403
717-846-4176
York, Adams Franklin and Lancaster Counties
YWCA OF CARLISLE
301 G. Street
Carlisle, PA 17013
717-243-3818
Fax # 717-243-3948
Cumberland, Franklin and Perry Counties
VERIFICATION
I, Lorie Heckman, Credit Recovery Officer, on behalf of Farmers and Merchants Trust
Company
of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904
relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint
in Mortgage Foreclosure are true and correct to the best of my information, knowledge and
belief.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
Mo
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants,
CWIL DIVISION
NO.: 2003-1147
ISSUE NO.:
TYPE OF PLEADING:
PRAECIPE TO REINSTATE
COMPLAINT
FILE ON BEHALF OF:
Farmers and Merchants Trust
Company of Chambersburg,
Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Scott A. Dietterick, Esquire
PA I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
CIVIL DIVISION
NO.: 2003-1147
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
term
Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned
and number reinstated.
DATE:
Respectfully submitted,
JAMES SMIt DIETTERICK & CONNELLY LLP
BY: /~/, ~~/
~ .
S~ott'~ I~etten~- ,, Esqmre
Attorneys for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
SHERIFF'S RETURN NOT FOUND
CASE NO: 2003-01147 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST CO
VS
ALLEN ROBERT L JR ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
ALLEN ROBERT L JR
unable to locate Him in his bailiwick.
but was
He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
, NOT FOUND , as to
, ALLEN ROBERT L JR
303 OAKVILLE ROAD
SHIPPENSBURG, PA 17257
DEFENDANTS OWN THIS PROPERTY, BUT IT IS A RENTAL PROPERTY.
DEFENDANTS LIVE AT 814 DOUBLING GAP RD NEWVILLE, PA 17241.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So
18 00
12 42
5 00
10 00
00
45 42
Sheriff of Cumberland County
JAMES SMITH DIETTERICK CONNELL
o /22/2oo3
Sworn and subscribed to before me
this ~-~- day of ~
~0%k3 A.D.
P--z~ofhon6iary ' ! '
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2003-01147 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST CO
VS
ALLEN ROBERT L JR ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
ALLEN JODI B
unable to locate Her in his bailiwick.
but was
He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT
, ALLEN JODI B
, NOT FOUND , as to
303 OAKVILLE ROAD
SHIPPENSBURG, PA 17257
DEFENDANTS OWN THIS PROPERTY BUT THEY USE IT AS RENTAL PROPERTY.
DEFENDANTS LIVE AT 814 DOUBLING GAP RD NEWVILLE, PA 17241.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6 00
00
5
10
21
O0
O0
O0
O0
Sheriff of Cumberland County
JAMES SMITH DIETTERICK CONNELL
04/22/2003
Sworn and subscribed to before me
this L ~ day of
~7 ~7;~ A.D.
PFo~honotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01147 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST CO
VS
ALLEN ROBERT L JR ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
ALLEN ROBERT L JRthe
DEFENDANT
, at 0955:00 HOURS, on the 30th day of April
at 814 DOUBLING GAP ROAD
, 2003
NEWVILLE, PA 17241
ROBERT L ALLEN JR
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this L ~ day of
L~Z)3 A.D.
U I Prothonotary'
So Answers:
R. Thomas Kline
05/01/2003
JAMES SMITH DIETTERICK CONNELL
By:
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01147 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST CO
VS
ALLEN ROBERT L JR ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
ALLEN JODI B
the
DEFENDANT , at 0955:00 HOURS, on the 30th day of April
at 814 DOUBLING GAP ROAD
, 2003
NEWVILLE, PA 17241
ROBERT L ALLEN JR, HUSBAND
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this d ~ day of
~-~ A.D.
~ ~roth0nbtary '
So Answers:
Ro
Thomas K1 ine
05/01/2003
JAMES SMITH DIETTERICK CON-NELL
IN T~E CO~RRT OF ~ PLEAS OF ~ COUNTY, p~SYLVANIA
C~LD~SION
Farmers ~nd Merchants Trust Company
of Chambersbur~ :
Plaintiff :
V
Robert L. Allen, Jr. and :
Jodi B. Allen :
Defendants
File No. 03-1147
Amount Due
Interest 6/3/03 to date
$57,602.08
993.60
of sale
Atty's Con~n
Costs
TO THE PROTHONOTARY OFT HE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installnmnt sale, contract, or account based on a confession of judgment, but if it does,
it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE ~OR EXECUTION
Issue writ of execution in the above matter to the Sheriff of
County, for debt, interest and costs upon thefollowing described property of the
defendant(s)
See Exhibit "A" attached.
PRA~CIPE ~OR A~'fAC~{~1%~ EXECUTION
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as a~ove, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee!~J ~s aiM pendens against
real estate of the defendant(s) described in the attached ~
Print Name: Scott A. Dietterick, Esquire
Address: James Smith Dietterick & Connelly LLP
P 0 Box 650 Hershey PA 17033
Attorney for: Plaintiff
Telephone: (717) 533-3280
Supre/ne Court ID No.: 55650
LEGAL DESCRIPTION
ALL that certain real estate situated in the Village of Oakville, Township of North
Newton, County of Cumberland and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNiNG at a point in Main Street in said Village of Oakville; thence
Northeast by land now or formerly of Mrs. Stella Stamey one hundred sixty (160) feet to
a point in an alley; thgnce by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerly of Myers one
hundred sixty (160) feet to a point in said Main Street; thence along said Main Street
Northwest sixty-one (61) feet to the place of BEGINNiNG, improved with a two-story
dwelling house.
HAVING thereon erected a dwelling house being known and numbered as 303
Oakville Road, Shippensburg, pennsylvania 17257.
BEING the same premises which Esther F. Weaver and Elwood L. Weaver, her
husband, by their Deed dated July 19, 1991 and recorded on January 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094, granted and conveyed unto
Robert L. Allen, Jr., a single person.
Tax Map No.: 30-25-0116, Parcel No.: 037
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-1147 Civil
cOUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMRE AND MERCHANTS TRUST COMPANY OF
CHAMBERSBURG Plaintiff (s)
From ROBERT L. ALLEN, JR., AND JODI B. ALLEN, 814 DOUBLING GAP ROAD,
NEWV1LLE PA 17241.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 303 OAKVILLE ROAD, SHIPPENSBURG PA 17257 (SE ATTACHED
LEGAL DESCRIPTION) ·
(2) You are alsodirected t° attach the pr°petty °f the defendant(s) n°t levied up°n in the p°ssessi°n
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
( ) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
(o~ 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 $57,602.08
Interest 6/3/03 TO 9/3/03 -- $993.60
Atty's Comm %
Arty Paid $202.08
Plaintiff Paid
Date: JUNE 10,2003
(Seal)
REQUESTING PARTY:
Name SCOTT A. DIETTERICK, ESQUIRE
Address: P O BOX 650
HERSHEY PA 17033
Attorney for: PL~M[NTIFF
Telephone: (717) 533-3280
Supreme Court ID No. 55650
L.L. $.50
Due Prothy 1.00
Other Costs
CURTIS R. LONG
By: '~(L~,...~ Dep ty~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG
Plaintiff,
CIVIL DIVISION
NO.: 2003-1147 Civil
VS.
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers and Merchants Trust Company of Chambersburg, Plaintiff in the above
action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at 303 Oakville Road, Shippensburg,
Cumberland County, Pennsylvania 17257:
1. Name and Address of Owner(s) or Reputed Owner(s):
814 Doubling Gap Road
ROBERT L. ALLEN, JR. Newville, PA 17241
2. Name and Address of Defendant(s) in the Judgment:
ROBERT L. ALLEN, JR.
814 Doubling Gap Road
Newville, PA 17241
JODI B. ALLEN
814 Doubling Gap Road
Newville, PA 17241
3. Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG
Plaintiff
CUMBERLAND COUNTY ADULT
PROBATION
1 Courthouse Square
Carlisle, PA 17013
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG
CHARTER ONE CREDIT CORP
Name and Address of the last record holder of every mortgage of record:
Plaintiff
65-75 Erieview, 4t~ Floor
Cleveland, OH 44114
5. Name and Address of every other person who has any record lien on the
property:
CUMBERLAND COUNTY TAX Cumberland County Courthouse
One Courthouse Square
CLAIM BUREAU Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
NONE
7. Name and Address of every other person of whom the Plaintiff has
knowledge who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse
RELATIONS OFFICE One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
DATED:
JAMES, SMITH~
"~. BY: ~cott ,A/. i~.
Pa. I.D. #55t
CONNELLY LLP
,50
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG
Plaintiff,
PS,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
CIVIL DIVISION
NO.: 2003-1147 Civil
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PU~RSU~ANT TO
PENNSYLVANIA I~LE OF CIVIL PRO_CEDUR~ 3129
Robert L. Allen, Jr.
814 Doubling Gap Road
Newville, PA 17241
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 3, 2003, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRiPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is:
303 Oakville Road
Shippensburg, PA 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2003-1147 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Robert L. Allen, Jr. and Jodi B. Allen
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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 fi.om the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
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 fi'om being taken. 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 YOI ~
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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 Sheriffs 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 Sheriffs 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. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. Ifa specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED:
JAMES, SMITH/~~ONNELLY LLP
BY:
"'S 4o tt"i'/k'Sb~et t crick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHER/FF
LEGAL DESCRIPTION
ALL that certa/n real estate situated in the Village of Oakville, Township of North
Newton, County of Cumberland and State of Permsylvania, bounded and described as
follows, to wit:
BEGIN.rNING at a point in Main Street in said Village of Oakville; thence
Northeast by land now or formerly of Mrs. Stella Stamey one hundred sixty (160) feet to
a point in an alley; thence by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerly of Myers one
hundred sixty (160) feet to a point in said Main Street; thence along said Main Street
Northwest sixty-one (61) feet to the place of BEGINNING, improved with a two-story
dwelling house.
HAViNG thereon erected a dwelling house being 'known and numbered as 303
Oakville Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Esther F. Weaver and Elwood L. Weaver, her
husband, by their Deed dated July 19, 1991 and recorded on January 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094, ~anted and conveyed unto
Robert L. Allen, Jr., a single person.
Tax Map No.: 30-25-0I 16, Parcel No.: 037
Exhibit "A"
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG
VS.
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
CIVIL DIVISION
NO.: 2003-1147 Civil
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Jodi B. Allen
814 Doubling Gap Road
Newville, PA 17241
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 3, 2003, at I0:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
303 Oakville Road
Shippensburg, PA 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2003-1147 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Robert L. Allen, Jr. and Jodi B. Allen
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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 Distfibution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
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 fights
to prevent your property from being taken. A lawyer can advise you more specifically of
these fights. If you wish to exercise your fights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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 Sheriffs 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 Sheriffs 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. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. Ifa specific return
date is desired, such date must be obtained from the Court Administrator%
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvarfia 17013, before presentation of the petition to
the Court.
DATED:
JAMES, SMITH)~ONNELLY LLP
BY:
S~ott Jk."l~i"~erick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL that certain real estate situated in the Village of Oakville, Township of North
Newton, County of Cumberland and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point in Main Street in said Village of Oakwille; thence
Northeast by land now or formerly of Mrs. Stella Stamey one hundred sixty (160) feet to
a point in an alley; thence by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerly of Myers one
hundred sixty (I 60) feet to a point in said Main Street; thence along said Main Street
Northwest sixty-one (61) feet to the place of BEGINNING, improved with a two-story
dwelling house.
HAVING thereon erected a dwelling house being known and numbered as 303
Oakville Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Esther F. Weaver and Elwood L. Weaver, her
husband, by their Deed dated July 19. 1991 and recorded on Januau 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094, ganted and conveyed unto
Robert L. Allen, Jr., a single person.
Tax Map No.: 30-25-0116, Parcel No.: 037
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
CIVIL DIVISION
NO.: 2003-1147 Civil
ISSUE NO.:
TYPE OF PLEADING:
Pa.R.C.P. RULE 3129.2(C)
AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND
OTHER PARTIES OF INTEREST
CODE:
FILED ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersbnrg,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 6:50
Hershey, PA 17033
(717) 533-2;280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
CIVIL DIVISION
NO.: 2003-1147
VS.
:
ROBERT L. ALLEN, JR. and :
JODI B. ALLEN, :
:
Defendants. :
Pa.R.C.P. RULE 3129.2(e) AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST
I, Scott A. Dietterick, Esquire, attorney for Farmers and Merchants Trust Company of
Chambersburg, Plaintiff, being duly sworn according to law depose and make the following
Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter
on Defendants/Owners and Other Parties of Interest as follows:
Defendants, Robert L. Allen, Jr. and Jodi B. Allen, are the record owners of the
real property.
2.
On or about June 23, 2003, Defendants, Robert L. Allen, Jr. and Jodi B. Allen,
were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129,
personally by the Sheriff of Franklin County, at their last known address, being 814 Doubling
Gap Road, Newville, Pennsylvania 17241. Tree and correct copies of said Notices and Return
of Service are marked Exhibit "A", attached hereto and made a part hereof.
3. On or about July 25, 2003, Plaintiff's counsel served all other parties in interest
with Plaintiff's Notice of Sheriff' s Sale according to Plaintiff's Affidavit Pursuant to Rule
3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and
correct copies of said Notices and Certificates of Mailing are m~urked Exhibit "B", attached
hereto and made a part hereof.
Finally, the undersigned deposes and says that Defendant(s)/Owner(s) and all Other
Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in
accordance with Pa. R.C.P. 3129.2.
JAMES, SM
Dated: -//~,/o3 BY: t
Scott A. Die~
K & CONNELLY LLP
erick,. Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Sworn to and subscribed before me this
day of
,2003.
Notary Public
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYL. VANIA,
NOYAqlAL ,~EAL -----'"1
I OWN DAU, HtNCOUNTY
[MY COMM SSION EXPIRES JUNE 91 200/~
Farmers and Merchants Trust Company
Of Chambersburg
VS
Robert L. Alien, Jr. and Jodi B. Allen
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-1 ][47 Civil Term
Brian Barrick, Deputy Sheriff, who being duly swom according to law, states that
on June 23, 2003 at 12:11 o'clock PM, he served a tree copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Robert L. Allen Jr., by making known unto Jodi Allen, wife of
defendant, at 814 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said tree and correct copy of
the same.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on June 23, 2003 at 12:11 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Jodi Allen, by making known unto Jodi Allen, personally, at 814
Doubling Gap Road, Newville, Cumberland County, Pennsylvania, its contents and at the
same time handing to her personally the said true and correct copy of the same.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on July 9, 2003 at 6:39 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Robert L. Allen, Jr. and Jodi Allen located at 303 Oakville Rd., Shippensburg,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Robert L. Allen, Jr., by regular mail to his last known address
of 814 Doubling Gap Rd., Newville, PA 17241. This letter was mailed under the date of
July 7, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Jodi B. Allen, by regular mail to her last known address of 814
Doubling Gap Rd., Newville, PA 17241. This letter was mailed under the date of July 7,
2003 and never returned to the Sheriffs Office.
Swom and subscribed to before me
This
2003, A.D.
__dayof
Prothonotary
So Answ~ers 1... ~
'R. Thomas Kline, SheriFf
Real Estafi~/Deputy
rN THE COURT OF COMMON PLEAS OF
CUMBERLAND COU-NTY, PEN2qSYLVANIA
F)d:~MERS AND MERCHANTS TRUST
COMP.~N-Y OF CHAMBERSBURG
Plaintiff,
CIVIL DIVISION
NO.: 2003-1147 Civil
VS.
ROBERT L. ALLEN, JR. and
JODI B. ALLEN, :
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Robert L. Allen, Jr.
814 Doubling Gap Road
Ne~wille, PA 17241
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 3, 2003, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your properly to be sold is:
303 Oakville Road
Shippensburg, PA 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2003-1147 Civil Term
THE NAME(S) OF THE O~,¥2'4ER(S) OR REPUTED OWnER(S) OF THIS
PROPERTY ARE:
Robert L. Allen, Jr. and Jodi B. Allen
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriffthirty
(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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Jud~m'nent against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property, from being taken. A laxvyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act !promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administralor
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Permsylvan/a 17013
(717)240-6200
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 Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a gossly
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 paragaphs must be presented Io the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presen!ation to the Court and a
proposed order or role must be attached to the petition. Ifa specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Permsylvania 17013, beforepresentationofthepetitionto
the Court.
DATED:
JAMES, SMtTH,pI.~TTE~ff.~7. & CONNELLY LLP
quire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL that certain real estate situated in the Village of Oakwille, Township of North
Newton. County of Cumberland and State of Pennsylvania, bounded and described as
follows, to wit:
BEGEN~'ING at a point in Main Street in said Village o f Oakwille; thence
Northeast by land now or fm~erly of Mrs. Stella Starney one h~andred sixty (I60) feet to
a point in an alley; thence by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerly of Myers one
hundred sixty (160) feet to a point in said Main Street; thence a;[ong said Main Street
Northwest sixty-one (61) feet to the place of B EGINWING, improved with a ~o-stoU
dwelling house.
HAVING thereon erected a dwelling house being known and numbered as 303
Oakville Road. Shippensburg, Permsylvania 17257.
BEING the same premises which Esther F. Weaver and Elwood L. Weaver, her
husband, by their Deed dated July 19. 1991 and recorded on Jar:ua~' 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094, granted and conveyed unto
Robert L. Allen, Jr.. a single person.
Tax Map No.: 30-25-0I 16, Parcel No.: 037
Exhibit "A'
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUTqTY, PE~SYLVANL~.
FARMERS .AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
De~ndants.
CIV~[L DIVISION
NO.: 2003-1147 Civil
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Jodi B. Allen
814 Doubling Gap Road
Newville, PA 17241
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvarfia 17013 on
Wednesday, September 3, 2003, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements t,~ected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
303 Oakville Road
Shippensburg, PA 17257
Cumberland County
The JUDGMENT under or pursuant to which your prc.perty is being sold is
docketed to:
No. 2003-1 I47 Civil Ten,n
THE NAME(S) OF THE OWNER(S) OR REPUTED OV~'ER(S) OF THIS
PROPERTY ARE:
Robert L. Allen, Jr. and Jodi B. Allen
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled t~ receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriffthirty
(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,
South Hanover Street, Carlisle, Pennsylvania 17013.
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. Tou may have legal rights
to prevent your property fi.om being taken. A lawyer can advise you more specifically of
these ri~?&ts. 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 F'IND OUT WHERE YOU
CAN GET FREE LEGAL .~DVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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 Judganent if you have a meritorious
defense against the person or company that has; entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County. to set aside the sale for a ~ossly
inadequate price or for other proper cause. Th]is petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or ri~oZqts mentioned
in the preceding para=m-aphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED:
JAMES, SMITH,]IDIE,TTERI~& CONNELLY LLP
BY:
"S~ott )k."ISie~efick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533~3280
VIA CERTFIED MAIL, RETURN' RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEG.ad. DESCRIPTION
ALL that certain real estate situated in the Village of Oakville, Townsh/p of North
Newton, Coun¢' of Cumberland and State of Pennsylvania, bounded and desc:Sbed as
follows, to wiu
BEGIN.'NING at a point in Main Street in said Village of Oakville; thence
Northeast by land now or formerly of Mrs. Stella Srarney one hundred six~, (160) feet to
a point in an alley; thence by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerlv of Myers one
hundred sixty (160) feet to a point in said Main Street; thence along said'Main ~treet
Northwest sixty-one (61) feet to the place of BEGE',-NING, improved with a two-story
dwelling house.
HA\qNG thereon erected a dwelling house being known and numbered as 303
Oakville Road, Shippensburg, Pennsylvania 17257.
BEING the stone premises which Esther F. Weaver and Elwood L. Weaver, her
husband, by their Deed dated July 19. 1991 and recorded on January. 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094, granted and conveyed unto
Robert L. Allen, Jr., a single person.
Tax Map No.: 30-25-0I 16, Parcel No.: 037
Exhibit "A"
EXHIBIT "B"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DWISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2003-1147
VS.
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO:
Cumberland County Domestic Relations Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the: Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 3, 2003 at 10:00 a.m., the following described real estate which Robert L. Allen,
Jr. is the owner or reputed owner and on which you may hold a lien or have an interest which
could be affected by the sale of:
303 Oakville Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgrnent in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
at EX. NO. 2003-1147 Civil in the amount of $57,602.18, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of~he Sheriff no later than thirty
(30) days fi.om the sale date.
Exceptions to Distributions or a Petition to Set Aside the, Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sherif?s Sale or this Notice,
you should contact your attorney as soon as possible.
Dated: /, , .
JAMES, SMITH, DIETTERICK &
CONNELL¥1 LLP
Scott A. Dietterix:k, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain real estate situated in the Village of Oakville, Township of North
Newton, County of Cumberland and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point in Main Street in said Village of Oakville; thence
Northeast by land now or formerly of Mrs. Stella Stamey one hundred sixty (160) feet to
a point in an alley; thence by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerly of Myers one
hundred sixty (160) feet to a point in said Main Street; thence along said Main Street
Northwest sixty-one (61) feet to the place of BEGINNING, improved with a two-story
dwelling house.
HAVING thereon erected a dwelling house being known and numbered as 303
Oakville Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Esther F. Weaver and Elwood L. Weaver, her
husband, by their Deed dated July 19, 1991 and recorded on January 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094,, granted and conveyed unto
Robert L. Allen, Jr., a single person.
Tax Map No.: 30-25-0116, Parcel No.: 037
Exhibit "A"
I:N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CPv'[L DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2003-1147
VS.
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa. ILC.P. 3129(b)
TO:
Cumberland County Adult Probation
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 3, 2003 at 10:00 a.m., the following described real estate which Robert L. Allen,
Jr. is the owner or reputed owner and on which you may hold a lien or have an interest which
could be affected by the sale of:
303 Oakville Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
at EX. NO. 2003-1147 Civil in the amount of $57,602.18, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of tlhe Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
By:
Scott A. D~ett0rickl Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain real estate situated in the Village of Oakville, Township of North
Newton, County of Cumberland and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point in Main Street in said Village of Oakville; thence
Northeast by land now or formerly of Mrs. Stella Stamey one hundred sixty (160) feet to
a point in an alley; thence by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerly of Myers one
hundred sixty (160) feet to a point in said Main Street; thence along said Main Street
Northwest sixty-one (61) feet to the place of BEGINNING, improved with a two-story
dwelling house.
HAVING thereon erected a dwelling house being known and numbered as 303
Oakville Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Esther F. Weaver and Elwood L. Weaver, her
husband, by their Deed dated July 19, 1991 and recorded on January 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094,, granted and conveyed unto
Robert L. Allen, Jr., a single person.
Tax Map No.: 30-25-0116, Parcel No.: 037
Exhibit "A"
IN 'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CFVIL DWISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2003-1147
VS.
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 3, 2003 at 10:00 a.m., the following described real[ estate which Robert L. Allen,
Jr. is the owner or reputed owner and on which you may hold a lien or have an interest which
could be affected by the sale of:
303 Oakville Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
at EX. NO. 2003-1147 Civil in the amount of $57,602.18, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office oflhe Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriff's Sale or this Notice,
you should contact your attorney as soon as possible.
Dated:
JAMES, SMITH, DIETTERICK
CONNELLY LL_P
By: j~~~
Scott A. Diettefick,?Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain real estate situated in the Village of Oakville, Township of North
Newton, County of Cumberland and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point in Main Street in said Villagc of Oakville; thence
Northeast by land now or formerly of Mrs. Stella Stamey one hundred sixty (160) feet to
a point in an alley; thence by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerly of Myers one
hundred sixty (160) feet to a point in said Main Street; thence along said Main Street
Northwest sixty-one (61) feet to the place of BEGINNING, improved with a two-story
dwelling house.
HAVING thereon erected a dwelling house being known and numbered as 303
Oakville Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Esther F. Weaver and Elwood L. Weaver, her
husband, by their Deed dated July 19, 1991 and recorded on January 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094, granted and conveyed unto
Robert L. Allen, Jr., a single person.
Tax Map No.: 30-25-0116, Parcel No.: 037
Exhibit "A"
lin 'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2003-1147
VS.
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO:
Charter One Credit Corp.
65-75 Erieview, 4th Floor
Cleveland, OH 44114
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 3, 2003 at 10:00 a.m., the following described real estate which Robert L. Allen,
Jr. is the owner or reputed owner and on which you may hold a lien or have an interest which
could be affected by the sale off
303 Oakville Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
ROBERT L. ALLEN, JR. and
JODI B. ALLEN,
Defendants.
at EX. NO. 2003-1147 Civil in the amount of $57,602.18, plus interest and costs.
Claims against property must be filed at the Office of the Sheriffbefore above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriff's Sale or this Notice,
you should contact your attorney as soon as possible.
Dated: ~/~5//~ ~
JAMES, SMITH, DIETTERICK &
Scott A. Di6tteri~ck, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 1702,3
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain real estate situated in the Village of Oakville, Township of North
Newton, County of Cumberland and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point in Main Street in said Village of Oakville; thence
Northeast by land now or formerly of Mrs. Stella Stamey one hundred sixty (160) feet to
a point in an alley; thence by said alley Southeast to a point in line of property now or
formerly of R. J. Myers; thence Southwest by said lands now or formerly of Myers one
hundred sixty (160) feet to a point in said Main Street; thence along said Main Street
Northwest sixty-one (6I) feet to the place of BEGINNING, improved with a two-story
dwelling house.
HAVING thereon erected a dwelling house being known and numbered as 303
Oakville Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Esther F. Weaver ~td Elwood L. Weaver, her
husband, by their Deed dated July 19, 1991 and recorded on January 7, 1992 in and for
Cumberland County, in Deed Book Volume L35, Page 1094, granted and conveyed unto
Robert L. Allen, Jr., a single person.
Tax Map No.: 30-25-0116, Parcel No.: 037
Exhibit "A"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ~ SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Farmers & Merchants Tr Co of Chambersbure is the grantee the same
having been sold to said grantee on the loth day of Dec A.D., 2003, under and by virtue of a writ
Execution issued on the 10th day of June, A.D., 2003, out of the Court of Common Pleas of said County
as of Civil Term, 2002 Number 1147, at the suit of Farmers & Merchants Tr Co of Chambersburg
against Robert L Allen Jr & Jodie B is duly recorded in Sheriff's Deed Book No. 261, Page 1106.
1N TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
day of
,A.D. 200
Recorder of Deeds
Farmers and Merchants Trust Company
Of Chambersburg
VS
Robert L. Allen, Jr. and Jodi B. Allen
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-1147 Civil Term
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on June 23, 2003 at 12:11 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Robert L. Allen Jr., by making known unto Jodi Allen, wife of
defendant, at 814 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said true and correct copy of
the same.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on June 23, 2003 at 12:11 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Jodi Allen, by making known unto Jodi Allen, personally, at 814
Doubling Gap Road, Newville, Cumberland County, Pennsylvania, its contents and at the
same time handing to her personally the said true and correct copy of the stone.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on July 9, 2003 at 6:39 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Robert L. Allen, Jr. and Jodi Allen located at 303 Oakville Rd., Shippensburg,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: Robert L. Allen, Jr., by regular mail to his last known address
of 814 Doubling Gap Rd., Newville, PA 17241. This letter was mailed under the date of
July 7, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff; who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
nan~ed defendants, to wit: Jodi B. Allen, by regular mail to her last known address of 814
Doubling Gap Rd., Newville, PA 17241. This letter was mailed under the date of July 7,
2003 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Scott Dietterick for Farmers and Memhants Trust Company
of Chambersburg. It being the highest bid and best price received for the same, Farmers
and merchants Trust Company of Chambersburg of 20 South Main Street, P.O. Box
6010, Chambersburg, PA 17201, being the buyer in this execution, paid to Sheriff R.
Thomas Kline the sum of $714.52, it being costs.
Sheriffs Costs:
Docketing $30.00
Poundage 14.01
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 19.32
Levy 15.00
Surcharge 30.00
Law Journal 251.45
Patriot News 169.84
Postpone Sale 20.00
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 714.52
Sworn and subscribed to before me So Answers:
R. Thomas Kline,~Sheriff
200~, A.D. ~_/k,f,.._6 )¢'t.t.e.~r~o~
~fothonotary BY
Real
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously pubtished ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s} of July and the 5th
day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S A L E #74
FINAL E~I'ATE ~LE I~, 74
writ No. 2003-1147
~'d~se of Oak-viSe, To~a ~s~tp of 1~ Newton,
~mty of Combeda~ and S~t~ of Peansylvaui~
s~t~ (l~)~ foet to a .udnt in m aJley; dl~ by
~ow ~ ,~m~y of RJ. M~i gqeace S~et~
~ sa~l ~ads no~,m' fm~ly ~ Myra m~
sixt~.one (6l) f~t 0 ~e pl~c of
T~ ~ ~.: ~H6; P~ NO.:
Mambo, ge~rey~vaniaAsst:~Ja~O~Nola~lea My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 168.09
$ 1.75
$ 169.84
Publisher's Receipt for Advertising Cost
~ Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
,ledge receipt of the aforesaid notice and publication costs and certifies that the same have
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 18, 25, 2003 AUGUST 1, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
RI~AL F-~TAT~ S3J~ NO. 74
Writ No. 2003 1147 Civil
Farmers and Merchallts Trust
Company of Chainbersburg
Robert L. Allen, Jr. and
Jodi B. Alien
Atty.: Scott Dietterick
Exhibit "A"
LEGAL DESCRIPTION
ALL that certain real estate sltu
ated in the Valage of Oa~llle, Town-
ship of North Newton, County of
Cumbertzmd aIld State of Pennsyl-
vania, bounded m~d described as
follows, to wit:
BEGINNING at a point in Main
Street in said Village of Oakville:
thence Northeast by land now or
formerly of Mrs. Stella Stamey one
hundred sixty (160) feet to a point
in an alley; thence by said alley
Southeast to a point in line of prop
erty now or formerly of R. J. Myers:
thence Southwest bv said lands now
S/~W1DRN TOa MAN~;~Y~ec'REdB~E°~ before me this
1 day of AUGUST, 2003