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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYL VANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
NOt:v / JJ~j- CIVIL TERM
v.
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
NOTICE TO DEFEND
Yon have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff, You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
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accommodations available to disabled individuals having business before the court, please contact our
office. All an-angements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
v.
NO.~-55f~ CIVILTERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
COMPLAINT
AND NOW, this ~ day of August, 2000, come the Plaintiffs, SUSAN C. JONES
and JOHN W. JONES, her husband, and R. BERNARD WEBER, by and through their
attorneys, Irwin, McKnight & Hughes, and make the following Complaint against the
Defendants, GWENETH D. MONGELLI and JOHN T. MONGELLI, her husband, and
DEREK A. MONGELLI, averring as follows:
1.
Plaintiffs Susan C, Jones and John W, Jones, her husband (hereinafter "Jones"), are adult
individuals residing at 162 North Middlesex Road, Carlisle, Pennsylvania, 17013,
2,
PlaintiffR. Bernard Weber (hereinafter "Weber"), is an adult individual residing at 21319
Town Lakes Drive, 12-211, Boca Raton, Florida, 33486,
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3,
Defendants Gweneth D, Mongelli and John T. Mongelli, her husband, and Defendant
Derek A, Mongelli, their son, (collectively hereinafter "Mongelli"), are adult individuals residing
at 608 Williams Grove Road, Mechanicsburg, Pennsylvania 17055.
4.
Plaintiffs and Defendants are the owners of that real property situate in Monroe and
Upper Allen Townships, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the center of a public road leading from the Trindle
Road, Route 641, to the Williams Grove Road; thence by land now or formerly of
S, J. Vogelsong north 31 degrees east two hundred sixty-six (266) feet to a post;
thence by the same south 88 degrees 30 minutes east one hundred ninety (190)
feet to a post on the banks ofTrindle Spring Run; thence by land now or formerly
of George Wertz, and crossing Trindle Spring Run, south 73 degrees 45 minutes
east one thousand five hundred fifty-six and two-tenths (1,556,2) feet to a post at
land of Frank Miller; thence by the said Frank Miller south 12 degrees east two
hundred forty-one and four-tenths (241.4) feet to a post; thence by the same north
74 degrees east one hundred ninety-eight and one-tenth (198,1) feet to a post;
thence by the same north 65 degrees east one thousand three hundred sixty-two
(1,362) feet to a post at comer oflands of the United States of America; thence by
said land of the United States of America and land of the May brothers, south 22
degrees 45 minutes east seven hundred twenty-three and eight-tenths (723.8) feet
to a stake; thence by land of Paul Hertzler south 25 degrees west one hundred
forty-five (145) feet to a pin; thence by the same south 64 degrees east one
hundred (100) feet to a pin on the northern right of way line of the Williams
Grove Road; thence by the arc of the northern right of way line of the Williams
Grove Road in an easterly direction sixty (60) feet a pin; thence crossing said road
and along the western line of the Old Williams Grove Road south 22 degrees 45
minutes east four hundred twenty-eight and five-tenths (428.5) feet to a point;
thence by land of Robert Miller south 72 degrees 15 minutes west three thousand
one hundred sixty-two (3,162) feet to a point on the center line of the first above
mentioned public road as located prior to the change of direction occasioned by
the construction of the Pennsylvania Turnpike; thence by the center line of said
road north 20 degrees 45 minutes west one thousand one hundred thirty-four
(1,134) feet to a point; thence by the same north 16 degrees west three hundred
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thirty-three and three-tenths (333.3) feet to a point; thence by the same north 79
degrees west two hundred thirty-five and ninety-five hundredths (235,95) feet to a
point; thence by the same north 7 degrees west, and crossing Trindle Springs Run,
five hundred ten (510) feet to a point, the place of BEGINNING,
EXCEPTING AND RESERVING THEREFROM, the following three tracts or
parcels of land:
I. Tract of land taken by the Mechanicsburg Area School District in
Eminent Domain proceedings, which proceedings appear to Number 935, May
Term, 1967, in the Court of Common Pleas of Cumberland County, Pennsylvania,
The land condemned is described as follows:
ALL that certain tract ofland situate in the Fifth Ward of the Borough of
Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a concrete monument at the comer of land of Frank B.
Miller (at end of Longmeadow Street as shown in the Plan of Lots of Frank B,
Miller); thence along said land of Frank B. Miller, north 64 degrees 39 minutes 40
seconds east 754.59 feet to a point, thence along land of the Mechanicsburg Area
School District and land of William H, May, et a!., south 21 degrees 42 minutes
10 seconds east 721.66 feet to a point; thence along land of Paul H, Hertzler,
south 25 degrees 44 minutes 40 seconds west 69.53 feet to a point; thence along
other land of Robert B. Weber and Evelyn N, Weber, his wife, south 73 degrees
36 minutes 48 seconds west 791.83 feet to a point; thence continuing along said
other land of Robert B. Weber and Evelyn N, Weber, his wife, north 14 degrees
05 minutes 10 seconds west 653.23 feet to a concrete monument at the corner of
land of Frank B. Miller, the place of BEGINNING, Containing 12,974 acres of
land.
2. Lot Number I on the Final Subdivision Plan of Lots for Robert
Weber, which Plan is recorded in the Cumberland County Recorder of Deeds
Office in Plan Book No. 27, Page 147, and which lot was conveyed to Richard E,
Wise, Jr, and Nancy L. Wise by Robert B, and Evelyn N, Weber, his wife, by
deed dated June 28, 1976, and recorded in the Cumberland County Recorder of
Deeds Office in Deed Book 26-R, Page 112,
3, Lot Number 2 on the Final Subdivision Plan of Lots for Robert
Weber, which Plan is recorded in the Cumberland County Recorder of Deeds
Offie in Plan Book No, 27, Page 147,
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5.
Plaintiffs Jones are the owners of an undivided one-third interest in said real property,
6.
Plaintiff Weber is the owner of an undivided one-third interest in said property,
7.
Defendants Gweneth D. Mongelli and John T, Mongelli, her husband, are the owners of
an undivided one-sixth interest in said property.
8,
Defendant Derek A. Mongelli is the owner of an undivided one-sixth interest in said
property,
9.
All the interests of the parties in the said real property are held as tenants in common,
10,
The parties acquired title to the said real property, having tax parcel numbers of 22-09-
0541-004 for that portion situate in Monroe Township, Cumberland County and 42-09-0541-001
for that portion situate in Upper Allen Township, Cumberland County, by deed from The Estate
of Evelyn M, Weber aIkIa Evelyn N. Weber, dated July 30, 1999, and recorded on August 2,
1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at
Deed Book 205, Page 33, wherein PNC Bank, N.A" as Executor under the Last Will and
5
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Testament of Evelyn M, Weber aIkIa Evelyn N. Weber, conveyed all that certain real property
unto the parties as tenants in common. A true and correct copy of said Deed is attached hereto
and incorporated herein as Exhibit "A."
11.
The respective ownership interests of the parties in the said real property, as described
above, and their ownership as tenants in common is explicitly set forth in the Deed attached
hereto as Exhibit "A,"
12.
Keystone Financial Bank, N.A., holds a mortgage and lien on the said real property in the
principal amount of Five Hundred Sixty Thousand and no/lOO ($560,000,00) Dollars, by
instrument dated July 30, 1999, and recorded on August 2, 1999 in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania at Mortgage Book 1561, Page 457. A true
and correct copy of said Deed is attached hereto and incorporated herein as Exhibit "B."
13.
Defendants Mongelli have been in actual possession of said real property by residing in
one of the buildings located on said property.
14.
Defendants Mongelli, while in possession of said real property, and upon information and
belief have collected certain rents from a portion thereof, but have never fully accounted to
Plaintiffs for their interests in said rents despite repeated requests to Defendants for a full
accounting of such rents.
6
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15,
No other persons or entities have an interest in the said real property,
16,
No partition or division of the above-described property has ever been made.
WHEREFORE, the Plaintiffs respectfully request that this Honorable Court:
1. Decree partition of the said real property, according to the respective rights of the
parties therein, with equal division and allocation of the lien of the balance of said Mortgage
between the parcels so apportioned to the parties, and that all proper and necessary conveyances
and assurances be executed for carrying such partition into effect;
2. If a partition of the said real property cannot be effectuated without material
injury and prejudice to the rights of the parties, that the said real property be sold by such persons
and in such manner as the Court may direct with the proceeds applied as follows:
a, To the payment of the general costs of the action;
b. To the costs of reference, if any;
c. To satisfY and cancel of record the lien of said Mortgage by payment of
the sum due thereon;
d. To the payment of reasonable attorneys' fees incurred for the common
benefit of the parties in this action; and
e. To distribute the residue among the owners of the property according to
their respective right and interests therein.
3. Decree that an accounting of the rents from said real property be had between
Plaintiffs and Defendants, and that there be paid to Plaintiffs from the share of Defendants an
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amount equal to Plaintiffs' share of the rents and profits found by said accounting to be due to
Plaintiffs.
4. Award such other and further relief as this Court may deem appropriate, proper,
equitable, necessary and just.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
~~ I/. iUlt.
Roger . Irwin, Esquire
Supreme Court I,D, No, 06282
Douglas G. Miller, Esquire
Supreme Court I.D, No, 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Plaintiffs,
Susan C, Jones, et al.
Date:~'; /0 ,2000
\DGMILLER\PROPERTY LA W\JONES\PLEADINGS\ COMllLAINT - PARTITION
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action, We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief, We
understand that false statements herein made are subject to the penalties of 18 Pa,C,S,A. Section
4904, relating to unsworn falsification to authorities,
JJmA . C.9nOJ)
S 'SAN c. JONES
~~.
Ji 7V W. JONE
Date:
2000
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief, I
understand that false statements herein made are subject to the penalties of 18 PaC.S,A. Section
4904, relating to unsworn falsification to authorities,
/('~~~
R. BERNARD WEBER
Date:
rfl
,2000
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: ROS(~T :'1, ;:1~GLER
Tax Parm!~DEH OF DEEDS
CUMBEIlLAND COUNTY-PA
EXECUTORS DEED
'99 RUG 2 Pl'I 2 16
Made the 30th day.of July in the year ninetee~ hundred and ninety-nine (1999),
Between THE ESTATE OF EVELYN M. WEBERalkla' EVELYN N. WEBER by
it's Executor,P!,/C Bank N.~. undertbe Last Will and Testament of Evelyn M.
Weber a/kJaEvelyn N.Weber, Late cifUpperAllen Township, Cumberland County,
Commonwealth of Pennsylvania; herefuafter called "Grantor"
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~ci SUSAN C.'JONES and 'JOHN W.'JONES;berbusband, GWENETH, D.
MONGE:i.LI~~d.jciHN T. MONGELLI,her busband, DEREKkMONGELLI,
single man all of Cumberland County, Pennsylvariia;'andR BERNARD WEBER of
Boca Rotan, Florida, hereinafter called "Grantees" ,..
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WHEREAS, Eyelyn M, Weber3/k/aEvelyn N. Weber died testate as to her whole estate,
a resident of Upper .Allen Township,County of Cumberland, Pennsylvania on September
13,1992, leaving a'Last Willand resiamenlaatedD~ember 26,'.1991, which was duly
probat~db/t1ieRegister of Wills ofCUinberlarid County;'Pennsylvaniaon September 22,
1992arid;~n;ains of recoril 'iii Ik'iici"cifficeof .Registerof Wills in. Estate File No.
21-9i:~~6-;,_;:;~~~_~'--"'"'' 1- i ';; '-;::;',~, -'Y~~P"'>,-W,-
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AND,PNC Bank';j:<.A.' qualine3 ana isiiow acting"assuchnduciary, and Letters remain
in full force aiidurirevoked,.. " ." ., 'f._
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AND, the Te~tafor, at the}i~e',oih",:'death,was seized in her demesne in fee simple title
to a portion. O)f the hereinafte< described real estate'which 'was not ,specifically. devised,
and which the Executor under the saId Last Will has the authority Joconvey ,Ille subject
real estate at private sale to Grantees,;'. ".. .,
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AND, . the Executor desires to convey fee shriple title .ind that the proceeds be distributed
according to the said wilIanCl furlher'topay the just debts, taxes and fees ,of the estate,
NOW, THIS INDENTURE WITNESSETH, thatPNCBank,'N,A., Executor of the
Estate of Evelyn M, Web~r aIkIa Evelyn N, Weber, deceased, by virtue of the Last Will
and Testament of the decedent,. as well as by the power vested in her personal
representatives by the provisions of the Probate, Estates and Fiduciaries Code, 20 Pa,
C,S,A. Sections 3351, for and in consideration of Six Hundred Fifteen Thousand Dollars
($615,000,00), to it, in hand paidby'.the said Grantees, at or before the sealing and
delivery hereof, the receipt whereof is 'hereby acknowledged, h~ve granted, bargained,
sold, released, and confirmed by these presents, and do grant, bargain, sell, release and
confirm unto the Grantees, their heirs and assigns, according to the following respective
interests of each of them: that Susan C, Jones and John W. :Jones, her husband shall own
aOOK 205 PACE 33
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an undivided one-third interest therein as tenants by the entirreties, that Gweneth D.
Mongelli and John T. Mongelli, her husband, shall own an undivided one-sixth interest
therein as tenants by the entireties, that Derek A. Mongelli shall own an undivided
one-sixth interest therein, that. R. Bernard ,W~b.er ~ha1l own an undivided one-third
interest iherein and that the ,relation between.,the Grantees of the respective undivided
interest shall be that oftenaniS in COmlnon, the' following property: .,
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ALL that certain bet or. parcel' ~f land w.ith. impiovCll1~nts thereon, situate in, Monroe
Township and Upper Allen Township, Cwnberlatid County, Pennsylvania, bounded and
described as follows: . . '. ,. '
BEGINNING at a poi~t in the center of a public road leading from the Triridle Road,
Route 641, to the Williams Grove Road; thence by.land now or fonner1y ofS. I.
Vogelsong north 31 degrees. east two hundred Sixty-six (266) feet to a post; thence by the
same south 88 degrees 30 minutes east one hundred ninety (l90) feet to a post on the
banks of Trindle Spring Run;[tIienceby land now or fonnerly of George Werlz;.and
crossing Trindle Spring Rilll; south 73 degrees 45 minutes east one thousand five hundred
fifty-six and two-tenths (1,556,2) feet to a post at land of Frank Miller; thence by the said
Fhmk Miller south 12 degrees east two hundred forty-one and four-tenths (241.4) feet to
a post; thence by tlie same north 74,degrees eaSt one hundred ninety-eight and one-tenth
(198.1) feet to a post; thenceh:i<the same'north 65 'degrees east one thousand,three
hundred sixty-two (1,362) feel til"a post' at'colner of lands of the United States of
America; ,thence bY.,said lancLof,the United States. of America and land of the May
brothers, south 22 degrees 45 minutes east sevenhun~dtw.entY~three and eight-tenths
(723:8) feet toa stSke; thence bybin.d ofPaulllertZ1er s,outh 25 degrees west one hiindred '
forty-five (145) feet to a pin; thence by the same south 64 degrees east one hundred (100)
feet to a pin on the northern right. of way line of the Williams Grove Road; thence by the
arc of the northern right of way line of tIie Williams Grove Road in an easterly direction
sixty (60) feet to a pin; therice Cri)ssing.saldroadand iIlorig the western line or the' Old
Williams Grove Road south 22 degrees 45 minutes east four hundred twenty-eight and
five-tenths (428.5)feetto a point; thence by land of Robert Miller south 72 degrees 15
minutes west three thoUsand one hundrCd sixty-two (3,162) feet to a point on'thecenter
line of the first above nientioned public road as located prior to the change of direCtion
occasioned by the construction of the Pennsylvania rurnpike; thence by the center line of
said road north 20 degrees 45 minutes west one thousand one hundred thirty-four (1,134)
feet to a point; thence by the same north 16 degrees west three hundred thirty-three and
three-tenths (333.3) feet to a point; thence by the same north 79 degrees weSt two
hundred thirty-five and ninety-five hundredths (235,95) feet to a point; thence by the
same north 7 degrees west, and crossing Trindle Springs Run, five hundred ten (510) feet
to a point, the place of BEGINNING,
EXCEPTING AND RESERVING THEREFROM, the following three tracts or parcels of
land:
BOOK 205 PAGE 34
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1. Tract ofland taken by the Mechanicsburg Area School District in Eminent
Domain proceedings, which proceedings appear to Number 935, May Tenn, 1967, in the
Court of Common Pleas of Cumberland County, Pennsylvania, The land condemned is
described as follows:
ALL that certain tract of land situate in the Fifth Ward of the Borough of
Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded
and described as follows, to wit: . . <
BEGINNING at a concrete monument lit \he comer of land of Frank B. Miller (at
end of Longmeadow Street as shown in the Plan of Lots of Frank B, Miller); thence along
said land of Frank B, Miller, north 64 degrees 39 minutes 40 seconds east 754,59 feet to a
point, thence along land of the MechanicsburgArea School District and land of William
H, May, et al".~0\1th.21 degrees 4~llIinutesl0 seconds east 721.66 feet to a point; thence
along landofPaul H.Hertzler, south"25 degrees 44 minutes 40 seconds west 69.53 feet to
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a point; thence along other land ofRoberl B. Weber 'and Evelyri N:Weber,his wife, south
'~-""/_,'-:.'_ _~P"..(" ._'! .",'\',.j.f""i?<....,.'!__U :') -- --:\'--";'-'~'" : -' ". '- _. ..
73 degrees 36 minutes 48 secondswest 791.83 feet to a'pomt; thence continumg along
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said other land ofRobelt.B. Weber anClEvelyri'KWeber,his'Wife;norto-t4 degrees 05
"""."'''"'''_'':_~'11"d_Vl_._, ," ,-.,.~,~,,'U, ">'1"(-_'_'~~,'^_- -, ,,,"_'. -
minutes 10 seconds\ivest'653,23 feet to Ii concrete monumentat'the comer of land of
Frank B, Miller, the ~iace"~fBEdINNINd,tontaining 12,974 acres ofland,
2, .. < Lot Number I on the Final Subdivision Plan of Lots for Robert Weber,
which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book
No, 27, Page147, and YJ.hich lot was conveyed to Richard E, Wise, Jr, and Nancy L. Wise
by Robert B, and EvelYn N, Weoer, his wife, by deed dated June 28, 1976, and recorded
in the Cumberland County Recorder of Deeds Office in Deed Book 26-R, Page 112,
3,Lot Number 2 on the Final Subdivision Plan of Lots for Robert Weber,
which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan
Book No, 27, Page 147,
-- .,
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BEING part~fthe sSll1e premis;;~ ~hi~h Einief ~; W eaverahdMaryA: Weaver, his
wife, by their peed elated June 5, 1954, and recorded hi the Cumberlarid County Recorder
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ofDeeds Office in Deed Book IS-U,PlIge 294, 'granted arid conveyed unto Robert B.
Weber and EV'elynN, Weber, his W1f';'Robert ~,Weber being the Grantor hereinabove. .
Evelyn N, Weber died September 13, 1992, after having been divorced from Robert B,
Weber on August24, 19?2, The divorce proceedings appear at Number 4330 Civil 1991 ,
in the Court of Common Pleas of Cumberland County, Pennsylvania, and the Estate of
Evelyn M. Weber alk/a Evelyn N, Weber, is being administered pursuant to No.
21-92-766 in the Court. of Common Pleas of Cumberland County, Pennsylvania,
Orphan's Court division, . .
r-
BEING THE SAME property which Robert B, Weber by deed dated April I, 1994 and
recorded in the Office of the Recorder of Deeds in and for theCounty of Cumberland in
BOOK 205 PACE 35
-;~ "
..
Deed Book 118, Page 485 granted and conveyed to the Estate of Evelyn M. Weber, alk!a
Evelyn N. Weber, the Grantor herein,
AND the said Grantors hereby .covenant and agree that the estate will warrant fiducially
the prop,erty hereby conveyed. . .
IN WITNESS WHEREOF, said grantor, by its Vice President, has hereunto set its hand
and seal the day andyearUrst written above.
Signed and delivered in tile presellce of
PNC BANK, N.A. .
(SEAL)
S H. EST, SENIOR VICE PRESIDENT
The Estate of Evelyn M, Weber
COMMONWEALTH OF PENNSYLVANIA
: 58
COUNTY OF CUMBERLAND
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On this the 30th day .of July, 1999, before me, a Notlll}' Public inand for the County of
Cumberhmd, Commonwealth 'of Pennsylvania, personally appeared JAMESH,' BEST, .
VICE PRESIDENT. OF PNC BA}./!{, NA, the above named Executor of the Estate of
Evelyn M,weber alk!a EvelynN. Weber and acknowledged tile he had the authority to
execute the forgoing .document on behalf of PNC Blmk and the'said Estateiuid desired
the same tO,be recorded as such.. ' . ,
. ',' -, " ,
IN WITNESS WHEREOF, Ihereunto set my hand and of!icial seal,'
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' tary Public
NOlarlal Seal
Kare~ Kay Bucklay. Nolary Public
South Mlddlelon 1\\tp.. Cumberlind County
My Commission Expires June 23. 2001
BOOK 205 PACE 36
~~"
~
~. ~
CERTIFICATION OF RESIDENCE
The address ofthe above named giantees:
162 N, Middlesex Road
Carlisle, PA 10713
.LtlA..t..j, A,..CfC".,W. . r
~ S.~.
Attorney. 0 the Grantees
COMMONWEALTH OF PENNSYLVANIA
: ss,
COUNTY OF CUMBERLAND
.
RECdRDEDon this~ ~ay of
-.~ " -
. [.Ju~ ....
, 19991ri'the Office of the Recorder'
... 'j ::.,.
of Deeds in and for the County of. Cumberland, Commonwealth ofpennsylvarua in Deed
Book ~O ~. Pag.03 .
Givell u/lder my ha/ld alld seal of ti,e said office, the date writtell above,
BOOK 205 PACE 37
;,"- ~~-~" 1'-
, ".
HV.lIlfllr..'Ol
RECOROU'S USE ONLY
9,,t.9
1f~
lat. aA a,
-
REALTY TRANSFER TAX
STATEMENT OF VALUE
...
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at. .ca..
B
TRANSFER DATA
GronlarlsllLollor(11
Estate of Evelyn H. Weber
Slrool Addron
c/o. PNC Bank; P.O. Box 308
City Slala
Camp Bill,. l'A 17001-0308..
PROPERTY. LOCATION
5,rlllll A drOll 608 Williams Grove - Road "
55 Sinclair Road
Cumberland
Cumberland
_ Zip Code
Zip Code
C
.
o'""r
S, G'~
bilK'
Hechan1.caburg
Cumberland Valley
Ci,y. Townl Ip, Borough, Upper .#leu Township
Honroe.ToWnShi
J", PM' N"",bor 22-69-0541-001
22-69-0541-004
D VALUATION DATA
. Aclvo os Conli era lOR
2.01'r and .,allan
3. TOlo CORU eratlon
..\,
=
4. Counl)' Aneno Va ue
ammon leve 0110 odor
b. fair Mar el 0 "0
x.
=
E EXEMPTION DATA
10. Amount 0 Exempllon Calmed
100%
, . . .,CllnlOSe 0 Inlll~oll. onvoye
100%
2. Check Appropriate Box Below for Exemption Claimad
o Will 011a'.,'g'" slKc"nlon ~ ~ ~ofJ2!;.~~"
o Trensfer 10 Industrial Develapmenl Agency.
o Transfe~ to a Irusl. {Allach complete copy of trust agreemenlldenllfying all beneficlarles.1
o rransfer belween principal and agenl. (AIltlch ~otnplele cepy of ugency/strow party agreement.)
o Transfers 10 Ihe Commonwealth. the United Stales and Instrumentalities by gih. dedication, condemnation or In Iiell of condemnalion.
III condemnallon or in lieu of condemnallon, attach copy of resolution.)
.2 J- t:; tz. 710 Iu
tEulI,.,II. Numb."
o
o
o
ij
Transfer from mor19agar to Cl holder of CI mor1gage In defoub. Mortgage Bock N~ber
, Page Number
Correclive or canfirmalary deed. (Attach camplele copy of Ihe prior deed being corraded or confirmed.)
Slalulory corporete consolidatlan, merger ~r division. (Allech c~py of arUcles.)
Olher (Please explain exemption claimed, If alner than listed above.1
Throu~ a series of transfers. ehe
Baehr Brothers rulin2 would aDulv. Siblin2B to siblin2S'
Unci., panalUe, offaw, I declare that I have examined this Slalement, Including accompanylnglnlarmatlon, and 10 Ihe best of my knowlodgD
and bellel, It Is true, correc' and complete.' . .
51g",,",, 0 Co"..pon .., 0' Oup.n.1 y '3 . ~K 205 PACE 8 Do," $(~(f f
TT ACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL
FAILURE TO COMPLETE THIS FORM PROPERL
TO RECORD THE DEED.
~-::- ~ .-.
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, '11
ROBERi t', ZIEGLER
RECORDER OF DEEDS
CUMBERLMID COUNTY-PA
'99 AUG 2 PI'l 2 16
(Space AbOft: This Uno For Re(Ordlng Datal
MORTGAGE
THIS MORTGAGE ('Security Instrument') is given on JULY 30th .
1999 ,The mortgagor is JOHN. W JONES, and SUSAN C JONES, 'Husband and Wife
JOHN T MCNGELLI, and GWENETH D MCNGELLI, Husband and Wife
DER~A MONGELLI, Adult Individual
R BERNARD WEBER, Adul t Individual.' , ,
('Borrower'), This Security Instrument IS !!'ven to KEYSTCNE FINANCIAL
BANK, N ,A. DOING BUSINESS AS KEYSTCNE FINANCIAL MCRTGAGE ,which is orgaDized and existing
under the laws of UNITED STATES .oF AMERICA , and -.:hose address is
227.0 ERIN CCURT F,C, BCX 7628, LANCASTER, FA 176.04-7628 ('Lender'),
Borrower owes Lender the principal sum of
FIVE HUNDRED SIXTY THCUSAND AND NC/ICO
Dollars (U.s, $ 56.0,000, .00 ), This debt is evid""ced by Borrower's note
dated the same date as thls Security lostrument ('Note'), which provides for monthly paymeots, with the full debt, if not
paid earlier, due and payable on AUGUST 1st, 2029 . " . This Security Instrument s~cures to
Lender: (a) the repaym""t of the debt evidenced by the Note, WIth IDterest, and all renewals, extensions and
modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note?t'For this purpose, Borrower does hereby mortgage, grant and convey to Lender the
follolving described property located in CUMBERLAND County, Pennsylvania:
'SEE ATTACHED LEGAL DESCRIPTICN'
which has the addres~ of
Pennsylvania
17055-7510
[Zip Cod.]
6.08 WILLIAMS GROVE RD
{Street)
('Property Address");
MECHANICSBURG
[Oly]
TOGETIiER WITH all the improvements now or hereafter erected on the property, aDd all easements,
appurtenances, imd fixtures now or hereafter a part of the property. All replacements and additions sball also be
covered by this Security Instrument. All of the foregoing is referred to in this Secwity Instrument as the "Property:
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey -the Property and that the Property is .unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demandsl subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Fayment of PriDcipal and Interest; Prepaymeutaud Lala Charges. Borrower shall promptly pay wh"" due the
principal of and interest on the debt evidenced by the Note and any prepaym,ent aiid late charges due under the Note.
2. Fuods for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Punds') for: (a)
yearly tax., and as,essments which may attain priority over this Security Instrument as a lieD on the Property; (b) yearly
leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d)
yearly flood Insurance premiums, it any; (e) yearly mortgage Insurance premiums, it any; and (I) any sum, payable by
Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance
premiums. These items are called -Escrow Items: Lender may, at any time, collect and hold Funds in an amount not to
exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower1s escrow account
under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U .S.C. ~ 2601
et seq. ("RESP A -), unless another Jaw that applies to the Funds sets a lesser amount. If so, Lender may, at any time,
collect and hold Funds in an amount not to exceed the lesser amount. Lender may.estimate the amount of Funds due
on the basis of currcnt data and reasonable estimates of expenditures of future Escrow Items or otberwise in
accordance with applicahle law, .
PENNSYLV ANIA.singlc Family~Fannle Mae/Freddie Mac UNIFORM INsrRUMENT
ALBPAQ2 7/98 23Q
Loan ID: .0.0.072274
Form 3039 9/90 (page 1 of S pages)
Bo0k15G1 PAGE .458
",I/o.,
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"or
.,--
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The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or C'ntity
, (incluiling Lender, if Lender is such an institution) or in any Federal Home Loan ~ank. Lender sball appiy tbe F~ds to
pay tbe Escrow Items, Lender may not charge Borrower for bolding and applymg tbe Funds, annually an"!yzmg tbe
escrow account. or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds ~d applicable law
permits Lender _to milke _such a charge. However, Lender may require Borrower to pay a one~ttme charge Cor an
independent real'estate tax: reporting service used by Lender in connection ,with this lOaD, unless applicable law p~ovides
otherwis~. Unless'D.n agreement is made or-applicable law requires int_erest to be paid. Lender shall not be requued to
PIlY Borrower any interest or earnings on the Funds. Borrow:r and J..eoder m~yC agree in writ~& however, that, inter,est
sball be paid on the Funds. Lender shall give to Borrower, Without charge, an annual accountmg of the Funds, showmg
credits and debits to tbe Funds and the purpnse for which each debit to tbe Fuods was made, Tbe Funds are pledged as
additional security for all sumsseeured by this Security Instrument... . . ..
If tbe Fuods held by Lender exceed the amountspe.,.ltte~to be beld by applical>lola*, Lender shall account to
Borrower for the ....ss Funds in attardanee with the reqnirements of applicablclaw. If the amount of the Funds held
by Lender at any time is not sufficient to pay the Escrow Ite~s when due, Lender may so ,notify Borrower in writing,
1Ild, in such ease Borrower sball pay to Lender the amoUllt necessary to mak~ up the de6aeney, Borrower shall make
up the deficiency in nq more than twelve monthly pa~enis, afLender's, 'Sole d~e~?~.'.-<r"..,,- _;'-,' >"",
Upon paymentjn fulI~fall sums secured by this Secunty Instrument, Ulnd... shall promptly refund to Borrower
lIlY ~ds held by. I,en~er.. ~f, .under par~gra~~21,' ~#,d~r /lla)!~Cljuir~ or sel! 'l!>~;P~op~tr,,"Lender..prior to th,e
acqwSltinn or sale ,of; the ,~",p"!IY, s,halIapply ,any ,F')1i1ds 'iteld. py Lender at the time Of aCqUISition or sale as a credit
against the sums secui-ed&fthis Security In_s~fuinen~. t: c ,,' '. ," ,':':" ,:, :' ' - " " ~ -. ' ',~""1-L,.b;." -:', ' "j '~- ;"
3. Application of Payments. Unless applicable 'law proVides otherwise,il11 paymeuts received by Leuder under
,paragraphs 1 and 2,s~!ill pe ,appli~d: firs~ to any pr~pal?"ent~"'1les due ';'Dder the Note; second, to amounts payable
under paragraph 2; third, to mterest due; fourth; to prlDapal due; and last, to any late charges due under the Note,
-" 4. Cbarges; LleDs:~BorroWer shall pay all 'taxes;' assessments;"'Cbarges. 'fines ',and impositions attriQutabJe to the
, Property ,which D?:,i:lY a,t!~ priority, over ~,s C"Sc:~ty I~trume~tJ and leasehold payments or ground rents, if any.
Borrower shall pay these"obligations in the manner proVided in paragraph 2,'orif not paid in.that manner, Borrower
shall pay iheio on tim'e ;.ur';ctly:oo the poisoD'\'wed pay.,enr:Borrower shalll'rOmptly~ to Leode~!ill notices of
. anlountS to -be ,p~dJiDde~)his' para8r~ph:' ~f_ Bci.rroWer-'makes these payments 'direct,ly,- Borrower shallpr~mpt1y furnish
to l.cnder iecCip~,eyide~~g'tbe paymentS>':'!'-' :,'. \;;"'L:', :-:- ';.' -, ",.' ,;'-..):-;' ,';,-';':,:f;,.:",,; >';-:~':< ;,i- 'i):'
, .. Borrower shall promptly discharge any'lieD which has priority over this Security Instrument unleSs. Bqrrower: (aJ
agrees in Writing to the'payment of the obligation secured by the lien in a manner accep~~ble t!l Lender;~~) contests in
good faith the lien by. or defends against enforcement of the lien ~ legal proceedings 'which in the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secures Cram the holder of.the lieo an agreement satisfactory to
Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject
to a Iie~ 'Yhich Dlay attain priority over-this Secur,ity Instrument. Lender may give Borrower ~,notice identifying the lien.
Borrower shall satisfy the lien ortake one or.mo!e, of the actions set forth abov~~thio 19days 'of the giving of notice.
" S. Hazard or Property Insurance. Borrower shall keep the improvements now ~ting or hereafter erected on the
Property Insured against loss by fire, hazards included within the term 'extended coverage" and any other hazards,
including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts
and for the periods that Le~~eI:, requir~. .t'1:'be J~Sl1!~ce.Cllrrie~. providing _the insuriince Shan be ch~sell by Borrower
subject to Lender's approval which shan not be im:re8.son~bly'withheld.-'lf Borrower 'fails to_ maintain ~_ve~age described
above. Lender may. at Lender's option. obtain coverage to protect Lendef's rights'in the Property in accordance with
paragraph 7, .. . " .. .. .," . ..
All insurance policies and renewals shall be acceptable to Lender and, _,~~all ~cl~de..a standard mortgage clause.
.Lender ,shall_ have ,the ,_t:igbt ;to hold the _policies _and renewals. If Lender_ ,requites, BorroWer shall promptly give to
Lel1der all r:eceip~, 0(pai4 ,prc;:~ulI1S 'and rcncY@l' notice_s~ In the event of 10ss;:'Borrower shall give prompt notice to the
insurance carrier and Leilder. 'JAnder may DiakeJp;oo'fof lOSs it'ilor hIade.promptly by Borrower. l
Unless ~nder and, Borrower otherwise alP.'ee ~ Writing, insurance proceeds shall be applied to restoration or
repair of th"",Property,damaged, if the. restoration or"repair iseconomically'.feasible.lIld Lender's security is not
lessened. If. the _resto,r~tio~,~r 'repair -is not ,economically feasible 'or Lender's sectJ#ty would be lessened. the insurance
proce~ds ~ be applied to the, sum~ secured by this Security Instrument, whether or Dot then due, with any excess paid
to Borrower. If Borrowe~ "aban,dons the Property, or" does not answer within 30 days _a notice from Lender that the
insurance ~er has offered to settle a claim,' then Lender may collect _the insurance proceeds. Lender may use the
proceeds to repair or restore the Property or to, pay sums secured by this Security Instrument, whether or Dot then due,
The 30-d~y period will begin'when-the notice is given.
" Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 ,and 2 or change the amount of the
payments. If under paragraph 21 the Property is ,acquired by Lender, Borrower's right to any insurance policies and
proceeds resulting from. d8.D;1age to the Property prior to the acquisition'shall pass to Lender to the extent oC the sums
secured by this Security Instrument immediately prior to the acquisition. .
6. Occupancy, Preservation, Maintenance Bnd Protection or the Property; Borrower's Loan Applicatlonj
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence Within sixty days
aft~r the execution of this Security Instrument and shall continue tQ occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy. Unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or ~ess extenuating circumstances exist which are beyond Borrower's control.
Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate, or commit waste on the
Property. Borrov.:er ~haU be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in
LeDd~r's goo.d f8lth Judgment could result in forfeiture of the Property or otherwise materially Impair the lien created
by this Secunty Instrum?nt or Lender's security interest. Borrower may cure such a default and reinstate, as provided in
parl'lgr~ph ,18, by causmg th~ action or proceeding to be dismissed with a ruling that, in Lender's good faith
detcrmmatlon, precludes forfeiture of the Borrower's interest in tbe Property or other material impairment of the lien'
created by thi~ S~curity Instrument or Le~der's security. interest. Borrower shall also be in default if Borrower. during
the loan application process, gave matenally false or maccurate information or statements .to Lender (or Cailed to
~ro~de Leader with B?Y material ~ormation) ~ connection with the loan evidenced by the Note. including, but not
limIted to, ~epresentatlons concernmg Borrower s occupancy of the Property as a principal residence. If this Security
Instrument IS on a leasehold, Borrower ~han comply with aU the provisions of the lease. If Borrower acquires fee title to
the Property. the leasehold and the fee _htle shall not merge unless Lender agrees to the merger in writing.
AlSrA03%/'Jl%364
Fonn 3039 9/90 (pagd of S pages)
.BooK1561 PAGE, 459
LOAN 10: 00072274
""'-
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'1. Protection of Lender's Rights in the Property. l( Borrower fails to perform the covenants and ~greements
contiuned in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rJghts in tbe
Property (such as a proceeding in bankruptcy, probate. for condemnation or forfeiture or to coCorce laws ~r
regulatioos), then Lender may do and pay for whatever is necessary to protect the val~e of t~e Proper!)' ~d Lender,S
rights in tbe Property. Lender's actions may include paying any sums secured by. a ben which has pnonty over t~s
Security Instrument, appearing in court, paying reasonable attorneys' fees and entermg on the Property to make repaJIs.
Although Lender may take .actioo under this paragraph 7, Lender does not have to do so,
AIly amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by
this Security Instrument. Unless Borrower and Lender agree to other terms.of.payment, these lI;D1ounts shall bear
interest from the date of disbursement at the Note rate and shall be payable, WIth mterest, upon notice from Lender to
Borrower requesting paynient.
S. MortgaS. Insuranc.. If Lender required mortgage insurance as a conditiOll of making the Inan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of 'the mortgage insurance previously in. effect, from ,an alternate
mortgage insurer,,'appro_ved by Lender. If substantially,.equivalent mortgage.:,insurance c~verage is not ,availa~le,
Borrower shall pay to Lender each month a sum equal to .one-twelfth ?f the yearly mort~age lDSurancc, preml.u~ pe1I;lg ,
paid by Borrower whe~ the insurance coverage lapsed or ceased to be m effect. Lender ~-,accept, use ,B:D,~, ret3:U1 these
payments as a loss reserve in lieu of mortgage io~urance. Loss reserve paymen~ may no longer be. requited,. at the
option of Lender, if mortgage insurance coyerage (m ,the amount and for ,the_penod that, Lender rcq1l1!~) pr9Y1?c,d by
an insurer approved by 4nder again becomes available imd is obtained. Borrower sb~I pay thl; preml~ r~q~ed to
maintain mortgage insurance in effect, 9r to provide a loss reserve. until th~,requiremen;~ for mortgage msurance ~nds
in accordance with,anywritten agreem~nt b~!WeCDBo.~~wer and Lend~"~r,,applica~le ~~w:::, _", ,,~'. ",:, ,';.
9. Inspection. ,Lender' or its agent may make reasonable entries upon and_ ~pections of the Property.; ,~nder
shall give Borrower notice at the lim;e_ 9~_or 'pria~ t'? an,!nsp~on spe~.!~~~n~b,I~ ,~,~e for ~e ~p~~ori.'....",: ":',,,~ ,.
10. Condemnation., _The proceeds of any award Or >clann for damages, direct .o~ consequential, 1D; _connectiOn,wlth
any condemnation, or' other taking of ~y ,p~t of the ~roperty, or fo~. conveyance ,~,lieu .~ cond~IDD~~()n, ar,e he~eby
assignedandshallbepa;dtoLender;:o.. ...... ..... ...... ....... '. ....,.,"..
In the event of a toialtaking of the Prnperty, the prnceeds shall be. applied to thesUlOs secured by this Security
Instrument, whether _or 'not ,then due,' with any excess paid to Borrower~ In :the event of a partial taking ,of _tJ:1,e, Property
in which the fair mar~et 'value of the Propertyim~ediately before the takirlg_ is '~_qual to or' greater than'the amount of
the sums secured_ by .this' Security Insirumei1t 'immeiliate1y before the taking, :UDIess Borrower and under otherwise
agree in writiDg, 'the' sums secured bY-this Secwity'Instrument shall be,"reduced bY the amount of the proceeds
moltiplied by the following fractioo: (ar the~otal amount of the sums secured immediately before the taking, divided by
(b) the fair market value of the PropertyiJ;nmediat"!ybefore the !aking."Antbal..ee'shall be paid to Bm,oweF In.the
event of a partialt8lclng of the Property in which the. fair market valoe of the Property immediately before the taking is
less than the amount of the SunlS secured ~mediately before the taking, unless Borr9WCI" and Lender otherwise agree '
in writing ornnless applicable law otherwise provides; the proceeds shall be applied to the snm$ seeared by this Security
Instrumentwhetheror.riotthesumsarethen:4.ue;:+ki~.,,~,~:, _, ' ) ,,,', ','1"-' ., .- ,~~;~.~'f_i~0:: '_t,. ,'"
If the Property is. abandoned by"Borrcr.\rer, or ~duter notice by Le~der ,to BorrO\ver'that the condemnor ,offers to
make an -award _or settle a claim'for'_d~as~,iBo~pwe~ fails to respo~d,,~~. ~p.der'.,W!thin,30 days aIte~.the ~ate the :
notice, is given,' Lender)~ author~d to_,~oll~~tan4 ,app~y th~ proceeds, at ~~,'option.:'ei~er tQ restoration ~r repair of the ,
Prnperty nr to the sanis secured bylhis Secnrity Instnllne.~whelher .r'not then doe: . .
Unless Lender_,and B:orrower,otherwi,se:agr~:e,in: :writing, any appllC3:tiqn Q~ proceeds,.,to principal shall..not,e;tend
or postpone the,,~ue ,4ate of ~e mon~hly paYIn.~nts,,~eferied to in paragraphS;1 ,8D:d Z or change ~e :ampunt ,of such.' .
payments. _ " _ 'i' , _ :' ."' ;',,' '. :." f" ,_'-. '. ~.." '",' _ _ ',_ .' _ ,)J
11. BOrrower,l'f~t,,~I~~d; F~_~bea~~_~.'~>: ~D~er Not a Waiv~r:, :Ext~ns!l?J;1 ;', of the time _ ..lor ,,<~payment pr
modification of amortfzation of th~!s~s.secuf,r~_!~y"this Security InstriUn"nt gr~ted by Lender to any successor in
interest of Borrower s,hall not operate to. ~elease tho: liability of the or~ginat Borrower pr Borrower's, successors in
interest. Lender shall 'not be required to, ~ommence. proceedings against any suCceSsor in interest or refuse to extend
time for payment _ or o~erwise modify ,_amortization of the sums secured by this_ Security Instrument by' reason of any
demand made by the original Borr~wer or Borrower's,succc~sors in interest. Any forbearance by Lender in exercising
any right or remedy s~all not be a waiver of or preclude'the exercise of any right.or remedy. ,0,
12. Successors and AssIgns Bound; JoInt and_ Several Liability; Co-slgne~. The covenants and agreements 'cif this
'Security Instrument shall bind and benefit the successors and assigns of Under and Borrower, subject to the provisions
of paragraph 17. Borrower's covenants and ,agreements shall be joint and several. Any Borrower who. c::o-signs this
Security Instrument bot does not execute the Note: (a) is co.signing this Security Instrmnent only to mortgage, grant
an~ convey that Borrower's interest in the ~roperty under the terms of this Security Instrument; (b) is not personally
obligated to pay the sums secured by this Sec_urity Instrument; and (c) agrees that Lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without that Borrower's consent.
13. Loan Charges: If the loan secured by this Security Instrument is subject to a Jaw which sets maximum Joan
charges, and that law is finally interpreted so that the interest or other loan Charges collected or to be collected in '
connection with the Inan exceed the permitted limits, then: <a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
ex~e~ded permitted limits will be refun~ed to ,Borrower. Lender may choose to make this refund by reducing the
pnnClpal owed onder the Note or by making a direct payment to Borrow.r, If a refund reduces principal the reduction
will be treated as a partial prepayment withnut any prepaymeot charge noder the Note, '
, ,14. .Nott.... AIly nnti~e to Bnrrnw~r provided for in this Secnrity Instrmnent shall be given by delivering it or by
mailiog It by first class mail nnless applicable law requires use of another method, The notice shall be directed to the
Property Ad~ess or any other address Borrowe; designates by notice to Lender. Any notice to Lender shall be given by
fllS~ class ~ail to ~nde:'s addr~ss stated herem or any other address Lender designates by notice to Borrower: Ally
nottce prOVided for 10 this Secunty Instrument shall be deemed to have been given to Borrower or Lender when given
as provided in this paragraph.
ALBPA042!9123iS5
Fonn 3039 '/90 (page3ofSpages)
Bood5S1PAGE 460
LOAN ID: 00072274
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is. Goverulng Law; Severability, Tbis Security Instrument sball be governed by federal law andlbe law or tbe
jurisdlction in wbich the Prnperty is lneated. In tbe event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law,such conflict sball not affect other provisions of this Security Instrument or tbe Note
which can be given effect witbout tbe conflicting provision. To this end the provisions or this Security Instrument and
tbe Note are declared to be severable,
16. Borrower's Copy. Borrower sban be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a BcnencJallnterest'n Borrower. If all or any part olthe Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is Dot a natural
person) without Lender's prior wrinen copsent, Lender may, at its option, require iulmediatc payment in full of all sums
secured by _~his Security llUitrument. Hpwever, this option shall Dot be exercised by Lender if exe~cise is prahibited by
Cederallawas of the date of tbis Security Instrument. ' '" '. .. .
If Lender exercises this option, Lender shall give Bar"rower notice of acceleratian. The Dati~e sball provide a
, period ef'Det less than 30 days [rom the date the notice is delivered or mailed within which Borrowe.r must pay all sums
secured by this Security Instrument. If Borrower fails to. pay'these sums prio.r to the expiration of this period, Lender
may invoke aDY remedies permitted by this Security Instrumenf without further notice or demand on Borro.wer.
. "18. Borrowers Right to Reinstate. ':If Borrawer meets _certain -conditians, Borrower shall. have the right to. have
.enforccment of tbis Security Instrumenldiscontinued at 'any time priofto the earlier of: (a) 5 days (or such other
period as applicable law may specify for'reinstatement)'.beforesaleTof the Property pursuant to. any power of sale
, , cantained in" this Security Inshl~irie~t; 'oi' (b) entry ,af a- judgmenf:'erifoicing this Security Instrument. Those canditions
are that Borrower: (a) pays Lender" an sums wbich tbeli\volild be'aueUiider this 'Security Instl'Ullient and tbe Note as if
,no. acceleration had accurre'd; (b), ~iires"ifuy- default of any other covenants. or agreementsHc) paYS III expenses incurred
. in enforcing this Security .In&trwiie:ut, inc1w:ling, but not limited to) reas,onable attarneys'_ fees; and ,(d) takes such actian
as _ Lender may reasanably requit~. to ,assure:_ that the Uen '6f, this Se'cUril}" Instrument, Lender's'ripts.in the Praperty and
. Borrower's obligation 'tt} j,ay ,'the ;'suD:is 'secUreci",by this _ "SeeUtt~. 'Ins!J11ment)haU - ,~ntinue "uncbaiiged. Upon
_rewtatemen't by Borrawer',' t~is Securi!}' I~strument aIId-the' _~bliga_tianS__s:cCured hereby shl~ remain fuUy effective as if
no. aCCeleration had occurred.t;Howtver~ this right, tc(reinState, -'shal( taot 'apply ',in :the" case'~_rif acc.eleration under
araahl7. .. '.' .....' ."'... >,,' ."" ..' .. ...'
. P"~~S~le oCNote; CbangeofLOan Se."vlcer. Thii i'!oi~br"~'p';:t1aJtritlfest hi t1ii>Noi.(togeiberwitkibis Security
JllStriuJient) may be sold _ane ,',or marc. times Without__~rior ,Dotice.^ta_ Borrower. A - s'ale may result m-a change in the
entity (kn?WD' as the -L,oan ScrVicer-) that canects manthly 'payments~ due..under the ,N,ate and this Security InstrUment.
p_ There ~o. may be ane ar m_are ,clianges of the .l.oanSeivicer u~ela.ted ta,a sale of _the l';1ote., If there is a change oftbe
, LOan ~SerViCer, Borrower; will "be ~v~~, ,~tten notice af the: .c~angc;' in accordanc~ _ with' para'graph 14 above and
applicable law. ;The notice will state tbe: _nante and addre~s oJ the_new J.,o8D_Servicer and ~ ~ddress to. which payments
~hauid be made. The n()tice'~ 'liI~~-,cont~, any o~,h~r U#:oi#~ti~, iq~~~d ~y appli~~~ Jaw~ -,.:' '_,.,_', '_'.'.: ," ,
',:- <~. ~rdous S_ubstan?=s.',i;~~~~r~wer ~ tio~,91~~:~ !pe~~_~ t~~ p~esence, ~. ~ ~or~e,.~r release. of
any Hazardous Substances on or m the Property. Borrower~,shall nat do, nor allaw anyone 'else to do., anything affectIDg
:' the Property that ~s in viol~tio~ of. ~y ~nviI.onmental La'Y.._~be pre~9ing two sen~en~ ShallllOt apply to the presence,
u~e,_ tor storage on 1he,: Property, of ,small :qu~titie~,,;:~~,iH~d.o~< :,Stibstances . that .are _generally _ recognized to. be
.,. appropriate to normal resi~ent~al ~_ses ,8D:~ ,~I? mainteD~,~~pY~e.~~9Pe~iy.~ :~" :;' . . ' -
< . . " :'Borrower shaD pro~pdy ,give: Le,nder \1".itten -Dotic~~~t~y ,inyCS,~igalian, claim, ~emand, lawsuit or ather action by
'any: governmental or regu1a(ary -:age.Dcf, ~or '_private p~tY /jnyaiyUi_g'- :',t.~~" Ptaperty.i~d ",any .:Hazardous' Substance or
EnvjrotuDental Law af which Barrawer has actual knowJ,ed,ge~;Jf.;!39iiow~r}eams,' or,~ IUlti.tied by any gavernmeptaI or
!'~-'re~~atory authority, that~anY'removal or",other rem'ed~atioli/or~~;_l;Iazardous Substance affecting the Praperty is
. neceSsary, Borrower shall promptly take 'all necessary remedial aci:ions in 'a:ccordance with -anviroumental Law. .
";', As' used in this -paragraph '~20, '-Hazardous Subst_ances-Xat~'."those ;',suhstuces'..,.defuied.'as toxic ar hazardaus
sU,bstances by Environmental Law and the following substances: .gasOline, k~rQsene, '<<ber flammable or, toxic petroleum
products, toxic pesticides and herbicides, valatiJe :salvents, ~ma'[ei'ials, ,cantaining ~ asbestos ,or, ,formaldehyde, and
radioactive materials. As used -in this' paragraph 20, - 8Environmental'-Law" means federal laws imd laws of the
jurisdictian where the Property is located that relate to health,' safety or enVironmental pratectian.
'NON-UNIFORM COVENANTS, BorroWer and Lender further cOvenant and agree as follows:
21. Acceleration; RemedIes. Lende~ shall give notice. :to B~rrower prior to ,acceleratlo_D following Borrower's
breach of any covenant or agreement 10 this Security Instrument_ (bu(not prIor, t'o acceleration under paragraph 17
unless applicable law provides othenvise). Lender shall notify Borrower of, amo~g ~ther tblDgS~ (a) the default; (b)
the action'l7qulred to cure the default; (c) when tbe defaul,t must be cured; and (d) tbat failure to cure the deCault as
specified may result in acceleration of the sums secu~d by this Security InstrUment, foreclosure by judicial
proceeding and sale of the Property. Lender shall further Inform BO!rrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-exlstence of a ,default or any other defense of Borrower to
acceleration and foreclosure. If the default Is not cured as specified, Lender at Its option may require Immediate
payment in Cull of all sums Kcured b)' this Security InstnJ,ment without further demand and may foreclose this
Security Instrument by judIcial proceeding. Lender sball be eatlded to collect aU expenses Incurred tn pursuIng the
remedies provided In this paragraph 11, Including, but Dot 11mlted to, attorneys' fees and costs of UUe evidence to the
extent permitted by appllcnblelaw. .
22. ReJease. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the
estate conveyed shall terminate and became void. After such occurrence; Lender ~hall discharge and satisfy this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
. 23. Waivers. Barrower, to the extent permitted by applicable law, waives and releases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benetit of any present ar future laws praviding
far stay of executian, extension of time, exemptian from attaclunent.levy and sale, and homestead exemption.
24. ReInstatement Peri~d. Borrower's time to reinstate pravided in paragraph 18 sball extend to one hour prior to
the commencement af bidding at a sheriff's s.ale or other sale pursuant to this Sec.urity Instrument. .
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is Jent to Barrower to
acquire title to the Property, this Security lnslr~ent sbalt be a purchase maney mortgage.
ALB......OS2/9I23l16
Bood5S1PAGE .461
Fonn 3039 9/90 (page 4 01 5 pages)
LOAN ID: 00072274
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26. IDterest Rate After Judgment, Borrower agrees tbat tbe iDterest rDte payable after a judgmeDt is eDtered aD
tbe Note or in an a~tioD of mortgage foreclosure sball be the rate payable from time to time under tbe Note, .
27, RIders to Ibis Security IDstrumeDL If ODe or more riders are ..ecuted by Borrower and recorded togetber
with this Security IDstrumeot, tbe covenants and agreements of each sucb rider sball be incorporated into and sball
ameDd aDd supplemeDttbe coveDants and agreements of tbis security InstrumeDt as if the rider(s) were a part of this
Security InstrumeDt. [Check applicable box(es)]
1!91-4 Family Rider
o Adjustable Rate Rider
o CODdominium Rider
o Planned Unit DevelDpmeDt Rider
o Biweekly PaymeDt Rider
o SecoDd Home Rider
o Graduated Payment Rider
o Otber(s) [specify]
ORate ImprovemeDt Rider
o BallooD Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
~c:L
{i;)fI//dI ~
K A OONGELLI ill
~4~' 1M
. ;&':09;)
It(.o\UJ1t ~!A./
/ S SAN C JONES
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T M NG I /
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GWENETH D MONGELLI .Borrower
--.
(Seal)
~Borrower
(Seal)
.Borrower
(Seal)
.Borrower
COMMONWEALTH OF PENNSYLVANIA,
(Space Below ThIs Une For Acknowledgmenl]
CU>1llllllLA1ID
County ss:
:J.999 t before me, A NO'IARY PUBLIC
tbe undersigned officer, persoDally appeared
JOHN W JONES, SUSAN c. JONES, HIS WIPE; JOHN T MONGELLI AND GWEND'l1I D MONGELLI HIS WIFE.
DEREK A MONGELLI AND R BXRHARD WEBER. ' ,
known to me (or satisfactorily proveD) to be lbe persoD(s) wbose Dame~ is/are sDbscribed to lbe within instrumeDt
and acknowledged that ~/lbey ..ecuted lbe same for lbe purposes berein coDtained. .
IN WITNESS WHEREOF, I bereunto set my baud and official seal,
~
Notarial Seal
Rage, B. hwln~~,,!ry "~OJic
Carlisle Boro. Cumberland County
My Commission Expires Oct. 3. 2000
Member. Pennsylvania Assoclallon of Notaries
On this, the
30TH
day of JULY
My Commission expires:
'3,~
title of Officer
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Bood561PAGE '462
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ALE!.PAa62/912367
Fonn 3039 9/90 (page 5 afSpages}
CERTIFICATE OF RESIDENCE
I, MARGE BILINSKI
, DO HEREBY CERTIFY THAT THE CORREcr
,
ADDRESS OF THE WITHIN NAMED LENDER IS KEYSTONE FINANCIAL MORTGAGE
2270 ERIN COURT P.O, BOX 7628, LAN~STER, PA 17604-7628,
",ilness m* hand this 30th day of JULY
. 1999
...:(\1\ GVvy~(6 Lk1\.c~J~
Agent of lfader '
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KPM DDL Ow) 12/97l106
,BooK1561PAGE ]463 . .
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Al.L tit"" c;cr1:.in Irili;t 'lr rmrecl (If l.1I1d SitU:llt: In Manroc Townihip will l'rrer Allen
Township. t:umhcr,:"nd County, l'cnlls~'I\'a.uia.. tmlln~~ and I1cscribt:d 113 fulluw:s:
Il1!OINNII'lO al :1 point 111 the ccnl~ \)( '" public Nad le",dillV Cram Ih~ Trimllc Road.
Roule boll. It) Ihe William" r,mvu Kund, Ibellcc by laud now or fonnerl)' or S. J.
VugchiunulPnh 31 dC8f\,"CS C3St IWU hUllIlrcd silCl~'.Sb. (266) (cello A post; thence b)'lhe
a:unc wuth ~8 dcsrccs 30 minllles emt one:: b\I.D.clre::t1 nmelY (190) reel In D. pllst nn the
hllllk, or Trindle Sprin:;& Run; thence b)' land aow Qr Conncrly or Ot,'Orge WenT.. IInd
cronlng Trindlc Spong RUb, south 73 tJesre;s 4' minUles east one thousand fiv~ huml~
linv-,i.. lIlId twu_h:nlh, (I.SS6.:!) lettlO.:t. post at IDnd ofFnlIlk Miller; thmcc by Ihe'lUd
fr~k. Miller south t2 de~ t:lSt two hw\Clrcd iony-onc and r~ur-ten.ths (241.4) fed: 10
a post; th'=flce by the saine n(ltth 74 dcgJ'CC:s f;lS1 CIne hWldrcd nmery-clclll ami olll~-tenth
(I98,1) feel \0 a post; lhence b~' the same nIJM.6S ',degrees C3St ono l~ousnnd t!me.
hundred si:uy.rwo (1,362) feel to 3 pus~ iU comer p( landS, of the Umled Stlltes 01,
Anlcrica' Ihlline.: by 1:11I1 land ol Ihe- L1Iutt.:d Slat= of Amcmil and land ol the Ma)
brolhet!\.' S(l\llh 22 dC'gr(~s 4S n\lllutes cast s~\'m hundred twcnly-1I1tD:: and ci!,(hl.lcDths
(i23.8) (cello 0 m.l'-ci Ihenell b)' Innd ot'p;su1 Hmzlt:r soulll 2S dCgRes west (lAC hundred
rnny.five t I~Si feel to n pin; thence by thc same south 64 degrees C3.~t oml hundred lIUtl)
(c:=:IIO II. pin on the northern right of .....ny l10e of Ule WUUnnls OroVl: Road; Uu:nce by the
a~ o( Ihe nonhe111 righl (Of way ILae of Ihe WiIIi=ms Grove Road_ in-an clI.:ucrl)' din:cl1lJn
~ilCt). (60) leel to a pin; thl:llce crossin, said road and along the wl:5lem line of the Old
Williams Grove Road S<\luth 22 degrees 45 minut=: ea.st (our hundred twenty-cight Wl(l
flve.lcnlhs (428.S} feeL to ~ poin\: WeDt; b)' land oC Rabc:n lttiller soutb 72 dt:grecs 15
minutes west tluee thnu.iaIld one huodm! si:uy-two 13,162) (eel to a point on the center
hne of the fU'St above mentioned public w=d u 10(:u~ prior w the cbllDgc of dircaion
olX1lSioned OV lM construction of the PeDnS}'Jvankt Twnpjk~ thenel:' b)' Ul.c c::nlcr line of
said road t\~ 20 dCgR::l 4.5 minutes 'Uocst one Ihousand 001; hundred thirty.lour (1.IJ4)
(celiO a pOIRt; Ulence by the same north 16 dei,'TCC$ west shrce hundred thirty-three a.nd
1hre:-lenIM p33.3) feel 10 a polD.:; th~c:e b)' the: same nonh 79 degrees west two
hundred Ihirry.rivlt and ninety-fiye hund:~th, (:!3S.9S) ,feet w . poinli thence by Ihe
same noM 1.jcgre~ west. ami CTossingTrindlc Springs Run. 6vchundrcd tcn 1.510) (et:l
to a poim, tho; place uf BEGINNING.
EXCEPTING AND RESERV~G THE/tEFROM..lhe followmg three lnlClS or pnrc:els of
lilnd:
I, Tracl IJr land l<Ikr:n hy Ihe Mcchmicshllrg An:a School District in fmim:m
Domain rrllccedin!ls, whIch proceedings appear 10 Number I)". May Tenn, 191i1. In Ihc
Court of Conunon PI'!:!$ of Cwnbaland County'. Pcnnsylv2lJi. The land condemned is
dcserihcdas Collows:
All. 'tholl' Ccn.:t.1O IraCI or land situate io. Ihl: Fifth Wnrd of Ihl: 8flrough IJf
Mechamesburg, County of C:umhcrland and Commonwe:lIlh of Pcnnsyh'lUIia. bounded
and described as rollow~. 10 wit:
BI::CjfNNlNG III a concrcll: monument at the comer ofhtnd ofFrunk B. Miller (al
end or Lonl,'TllclYlow ~IICCC M :Ihll\...n in th: t'11lO of Lou afFrOlllk B, Miller): thence Dlong
SIIid land nfFr.mk B. ~l1l1cr. northM de~es 39 minules 40 sccondli CllS1754,51J JeellQ il
point. thcnce along land III Ihe MectwUc$burg Area School Dislri.;t and land of William
H. Mil)'. el 31.. soulh 2111egn:es -12 mtnUlc:s IQ lecondSl:l1S1 nl.6Ct feet 10 iI point; thence
alon!; land of rnul H. H~nzlcr, south~.5 dc-pm 44 ~inutc.s 40 lIecou<.b west 69.S3 fc(t 10
a poim, thence along: olher lar.tll1C Rubcrl e. Weber and Evelyn N, Wehur, hill wife, /loulh
iJ ale~'fCl:s 36 minUle!! 48 second:; west 191.83 fcet 10 a point; thence connnuing along
said other lmd afRobert B Weber a:nd Evc:l}'D N. We~, his wife, o\)rtll 14 degrees OS
minUlc$ 10 seconds west (I~J,2J leet tu iI COllcrete llIonwnem allhe Ilomer IlJ' land of
fUlllk B. Miller, the place aIBF..OJNloilNG. Conullnlng 12.974 acres or1:md.
, lal Numhc:r I tlO Ihe Final Subdh.ision Plan of Lois for Ruhert Weber.
.....hieh PlllIl i$ recorded in the Cumbcrlaml CounlY Recorder orOeeds Office ill Plun Book
No. 27. Page 147.Il./ld whIch 101 WiSS l:onveyet! 10 Riclutrd E. Wisc, Jr. and Nunc)' t. Wise
hy Rohert U, Md Evelyn N. Web,:r, his Wlf(. by deed dated June 28, 1!J76, and nx:orded
in Ihe C'umbcrlllnd Count)' R:corderorDmb Ofiice ill 0-.1 Book l(..P., Page II:!.
~. LOI Number 2 on Ibe Final SuhtJivisiun Plan of LOIS l/)r Ruben Weher.
which 1'1:10 is rccnnh:d ill the CumberJ3lld (.:ounty KCl:onh:r of Dceds Office In rlan
Book Nu. 27. Pnge 147.
BEING the sane premiseswch the Estate of Evelyn N; Weber, AKA Evelyn M. Weber granted
and conveyed to Susan C. Jones and John W. Jones, her husban:'! and Grleneth D. Mongelli and
John T. Moll3'E!lli, her husband, and Derek Mongelli and R. Bernard Webe~aea8.r~iJU1.y
10' , 1999 and recorded in the Offica of the Recorder of Deeds for cumberland County in
Deed Book Page
.BooK156hGf, 464
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SUSAN C. JONES and
JOHN W. JONES, her
husband, and R. BERNARD
WEBER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
V.
GWENETH D. MONGELLI and
JOHN T, MONGELLI, her
Husband, and DEREK A.
MONGELLI,
Defendants
00-5585 EQUITY TERM
IN RE: PLAINTIFFS' PETITION FOR ADJUDICATION OF CIVIL CONTEMPT
ORDER OF COURT
AND NOW, this 13th day of February, 2003, upon
consideration of Plaintiffs' petition for Adjudication of Civil
Contempt, and pursuant to an agreement reached in open court at
a hearing at which the Plaintiffs were represented by Douglas G.
Miller, Esquire, and the Defendants were represented by Karl E.
Rominger, Esquire, it is ordered, adjudged, and decreed as
follows:
1. The funds in escrow in the amount of
$5,986.69 shall be transferred to Plaintiffs, and Defendants
waive any and all rights to those escrowed funds.
2. Plaintiffs acknowledge receipt of a check
from Defendants in the amount of $1,000.00 dated November 8,
2002, and Defendants acknowledge that said check is still valid
and can be deposited by Plaintiffs as part of the within
agreement.
3. Plaintiffs and Defendants agree to execute a
full and complete mutual release releasing all of the parties
from any and all claims, demands, and actions involving their
association, in particular the partnership known as Evelyn
Estates, or involving the real estate which was the subject to
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the underlying partition action. The parties agree to execute
that release on or before February 28th, 2003.
It would be the
intention of the parties to extinguish any and all claims which
exist now or have existed previously between any of the parties
to this action or any other action.
4. Upon execution of the aforementioned
release, Plaintiffs agree to withdraw their Petition for
Contempt and file a praecipe to discontinue this action with
prejudice.
By the Court,
J.
Douglas G. Miller, Esquire
For the Plaintiff
Karl E. Rominger, Esquire
For the Defendant
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EVElYN ESTATES
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EVELYN ESTATES
608 W1LLlAMS GROVE RD
~-fECHA..l""'lCSBURG, PA 17055
Phone (717) 6'.) 1-3018
Fax (717) 766.5147
October 5, 200 I
Dear M. Ruppert.
Several attempts have been made to contact you. Messages to contact Evelyn Estates at your best opportunity have
been left for you. As there has been no verbal contact, please review the contents of this letter and reply s"iftly.
As of Jnne 1, 200 I, you were contacted and told that Gwen Mongelli, John Mongelli, and Derek Mongelli were
actively managing the properties held by Evelyn Estates. Such aforementioned properties include 55 Sinclair Rd.
L Your funds in U,e amount of Ulfee thousand dollars for rent of the aforementioned location have not been
received. Late fees will be applied if contact is not made by you to establish pa}ment to bring your account enrren!.
2. You have yet to affect repairs to the cracked support beams in the Stone barn. As you will recall. you were
prohibited from driving equipment into U,e hay loft due to the tonnage of such equipment: Yet, you willfully
utilized heavy equipment to transport the hay for storage and retrieval which has cracked the main support beam
bearing the weight of the hay loft .
3. The Silo remains uncleaned despite numerous pledges by you to remove your remaining silage from the uni!.
Your swift attention to these matters is appreciated. Should you fail to make contact and act within thirty days of .
the date of this letter, legal action will ensue. Within thirty days, you must (l) provide payment, (2) effect repair to
the support beam either yourself or provide Evel}TI Estates with a written contract that a third party vvill effect the
repair with In a timely manner, of which all cost and liability shall be covered by yourself, (3) complete removal of
silage from the silo.
It is our sincere hope that these issues are quickly resolved without necessitating the need of legal recourse.
Sincerely,
Otttt~It.(/ L
Derek Mon el
Agent of Evelyn E es
Cc: Attorney Karl ROIninger, Esq.
John Mongelli
Gwen Mongelli
PLAINTIFFS
EXHIBIT
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PAYER'S name and address 0021/0203-01 [0005] , Rent OMS No.1~5-0115
MERVIN B. RUPPERT 2,100.00 ~(Q)01 Miscellaneous
270 STONER IID 2 Royalties Income
MECHANICSBURG. PA 17055
(717)766-4907 Fgrrn 1099-MISC
PAYER'S Federal identification number reCIPIENT'S identification number 3 Other income 4 Federal income talC withheld Copy B
23-1999560 23-3010467 For Recipient
RECIPIENTS name 5 Fishing boat proceeds 6 Medical and health care This is important tax
payments information and is
being furnished to
EVELYN ESTATE the Internal Revenue
7 Nonemployee compensation 8 Substitute paymenls in lieu SaNiee. If you are
of divldends or interest required to file a
Street address (including apt no.) return, a negligence
162 N MIDDLBSEX ROAD 9 Payermaded'ireel sa!esof 10 Crop insurance proceeds penalty or other
City, state, and ZIP code ~~oormoreofc:onsumer sanction may be
re<:i~I~~r~:fe> D imposed on you if this
CARLISLE, PA 17013 income is taxable and
Account number (optional) 13 Excess golden parachute 14 Gross proceeds paid to the IRS determines
payments anatlomey that it has not been
reported
Fo'm 1099-MISC
PLAINTIFPS
EXHIBIT
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LAW OFFICES
KARL E. ROMINGER, ESQ.
MARK F. BAYLEY, ESQ,
1SS SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
TEL: 717.241.6070
FAX: 717.241.6878
law@romingerlaw.com
www.romingerlaw.com
April 5, 2002
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APR -- 8 2002
Douglas G. Miller, Esquire
60 West Pomfret Street
Carlisle, P A 17013
IRWIN1 McKNIGHT & HUGHES
Dear Doug:
I am in receipt of your April 3, 2002 letter. In regards to the first point we have no
objection and agree that your clients are entitled to six thousand ($6,000.00) dollars.
In regards to your second point, it is our position that practically the entire escrow balance
if not all the escrow balance is rightfully the property of my clients.
In addition my clients are providing me with a receipt which was given to Ruppert at the
time of the receipt of the funds. Once I have the same I will be in a better position to analyze
your claim. However. I can say that it is still our position that each of your clients is entitled to
five hundred ($500.00) dollars based on two thousand ($2,000.00) dollars paid.
As soon as [ have more information [ will respond to you. Otherwise, in the meantime we
would propose signing over the escrow balance to your clients to satisfy points one and two of
your letter.
Sincerely,
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Karl E. Rominger, Esquire
KER:jal
CC. Mr. and Mrs. Mongelli
PLAINTIFPS
EXHIBIT
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ADVOCACY
ADVICE
ANSWERS
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Date 10/16/02
Time 1:.00 pm
IRWIN, MCKNIGHT & HUGHES
Transaction Listing
Page 1
~=~=~-,~~-,=~~~-~~.~~~~~==~~Selection Cri ter ia--
Date range :Earliest through 10/16/02
Client :1 JONES JOHN
Custom Fields :Al1
Transactions :Both Billed and Unbilled
Types :All
------:----- --.-
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(tax not included, *=transaction has been billed)
Date Description Amount
8/31/00 Credit -Professional Discount 100.00*
10/4/00 Payment - Thank you 651. 75*
lO/27/00 Payment - Thank you 268.75*
11/20/00 Payment - Thank you 281.25*
12/21/00 Payment - Thank you 175.00*
12/29/00 Credit -Professional Discount 50.00*
1/24/01 Payment - Thank you 307.50*
2/26/01 Payment - Thank you 352.00*
3/19/01 Payment - Thank you 75.00*
3/30/01 Credit -Professional Discount 100.00*
4/19/01 Payment - Thank you 681.25*
6/19/01 Payment - Thank you 358.25*
7/11/01 Payment - Thank you 75.00*
7/31/01 Credit -Professional Discount 75.00*
8/22/01 Payment - Thank you 289.50*
9/14/01 Payment - Thank you 286.25*
.10/24/01 Payment - Thank you 102.00*
11/26/01 Payment - Thank you 193.73*
1/8/02 Payment - Thank you 162.52*
2/27/02 Payment - Thank you 150.00*
2/28/02 Payment - Thank you 306.25*
2/28/02 Credit -Professional Discount 100.00*
4/9/02 Payment - Thank you 522.50*
4/29/02 Payment - Thank you 335.25*
4/30/02 Credit -Professional Discount 75.00*
6/18/02 Payment - Thank you 274.75*
7/3/02 Payment - Thank you 37.50*
8/5/02 Payment - Thank you 87.50*
8/29/02 Payment - Thank you 137.50*
10/11/02 Payment - Thank you 200.00*
- ------~--
--~-------~--,---_.._--
PAYMENTS 6311.00
CREDITS 500.00
Client
1 JONES JOHN
GRAND TOTAL
PLAINTIFPS
EXHIBIT
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS filM 2 8 2002 J.,l
JONES, her husband, and R. BERNARD: CUMBERLAND COUNTY, PENNSYLVANIA
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Plaintiffs, CIVIL ACTION ~VUlT~)
v.
NO. 00-5585 CML TERM
G~NETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
RULE TO SHOW CAUSE
AND NOW, this --bL day of ~...I.ot"\ I 11") , 2002, upon consideration of
Plaintiffs' Petition for Adjudication of Civil Contempt, a rule is hereby entered upon Defendants,
GWENETH D, MONGELLI, JOHN T. MONGELLI, and DEREK A. MONGELLI, to show
cause why Plaintiffs' petition should not be granted and Defendants adjudicated in civil
contempt in the above-captioned matter,
Rule returnable the /5a.. day of md-At' ~ ,2002, at I: 3 ~
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Courtroom # { , Cumberland County Courthouse, Carlisle, Pennsylvania.
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
v.
NO. 00-5585 CIVIL TERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
PETITION FOR ADJUDICATION OF CIVIL CONTEMPT
AND NOW, this ~I'day of January, 2002, come the Plaintiffs, SUSAN C. JONES
and JOHN W. JONES, her husband, and R. BERNARD WEBER, by and through their
attorneys, Irwin, McKnight & Hughes, and file this Petition for Civil Contempt, requesting that
this Court adjudicate Defendants, GWENETH D, MONGELLI, JOHN T, MONGELLI, and
DEREK A. MONGELLI in civil contempt, and in support thereof aver as follows:
1. On or about August 11, 2000, Plaintiffs filed a Complaint in Partition against
Defendants with regard to that real property situate in Monroe and Upper Allen Townships,
Cumberland County, Pennsylvania, as more specifically described in Paragraph Four (4) of
Plaintiffs' Complaint.
2. On or about September II, 2000, Defendants filed a Preliminary Objection to the
Complaint raising nonjoinder of a necessary party,
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3, Following briefs and oral argument, this Court entered an Order of Court dated
December 7, 2000, denying Defendants' Preliminary Objections,
4. On or about January 12, 2001, Defendants filed an Answer with New Matter to
the Complaint asking the Court to deny Plaintiffs' request for partition in this matter.
5. On or about January 22,2001, Plaintiffs filed their responses to Defendants' New
Matter, and filed a Petition for Hearing,
6. By Order of Court dated January 25,2001, a hearing was scheduled on March 19,
200 I, to determine Plaintiffs' right of partition in this matter,
7. On March 19, 2001, the parties reached an agreement prior to the scheduled
hearing.
8. The terms of said agreement were read onto the record, which substantially
provided that Defendants would purchase Plaintiffs' interests in the subject property and that
settlement would be held on or before June 4, 200 I.
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9, On or about March 19, 2001, an Order of Court was issued incorporating the
terms of the settlement agreement. A true and correct copy of said Order of Court dated March
19, 200 I, is attached hereto and incorporated herein as Exhibit "A."
10. Solely on the basis of the parties' agreement and that it was read onto the record,
Plaintiffs, through their legal counsel, agreed to cancel the full hearing on the merits scheduled
for March 19,2001.
11. Plaintiffs, through their legal counsel, would not have agreed to cancel the hearing
in the absence of an agreement between the parties, as Plaintiffs stood ready to present their case
which included the presentation of several witnesses.
12. Following the parties' agreement as read onto the record on March 19, 2001,
Plaintiffs, through their legal counsel, made numerous attempts to formalize an Agreement of
Sale and schedule settlement pursuant to the agreement.
13. . To that end, the parties signed an Agreement of Sale on or about July 10,2001. A
true and correct copy of the Agreement of Sale is attached hereto and incorporated herein as
Exhibit "B.oo
14, Defendants, by and through their legal counsel, had indicated by correspondence
dated June 7, 2001, that once the Agreement of Sale was signed that the fmancier would need
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only five (5) days and then settlement would be held. A true and correct copy of said
correspondence dated June 7, 2001, is attached hereto and incorporated herein as Exhibit "c,"
15, On or about July 25,2001, Plaintiffs' counsel through correspondence requested
that settlement per the agreement of the parties be scheduled as soon as possible. A true and
correct copy of said correspondence is attached hereto and incorporated herein as Exhibit "D."
16, Pursuant to Plaintiffs' request to schedule settlement, on or about August 6, 2001,
Plaintiffs' counsel forwarded a proposed Deed to Defendants' counsel.. A true and correct copy
of said correspondence is attached hereto and incorporated herein as Exhibit "E."
17, Defendants, through their legal counsel, failed and refused to contact Plaintiffs or
their legal counsel to schedule settlement in this matter despite their agreement and subsequent
promises to do so,
18, On or about August 21, 2001, Plaintiffs' counsel contacted the secretary for
Defendants' counsel and requested that settlement be scheduled for August 31,2001. A true and
correct copy of correspondence dated August 21, 2001, confirming settlement for August 31,
2001, is attached hereto and incorporated herein as Exhibit "F,"
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19. Only right before the scheduled settlement date, Defendants' counsel called
Plaintiffs' counsel to indicate that settlement would not occur, despite their numerous prior
agreements and promises.
20. Defendants, through their legal counsel, have repeatedly assured Plaintiffs that
they have received the necessary fmancing approval.
21. Upon information and belief, Defendants have received fmancing approval
through Community Banks, N.A.
22. Despite numerous prior agreements and promises, Defendants have failed and
refused, and continue to fail and refuse, to complete settlement on the subject property and
purchase Plaintiffs' interests in the subject property.
23. Defendants' failure to complete settlement on the subject property violates the
agreement of the parties as read onto the record and as incorporated by Order of Court attached
hereto as Exhibit "A."
WHEREFORE, for the reasons set forth above, Plaintiffs respectfully request that this
Court enter a rule on Defendants to show cause why they should not be held in civil contempt;
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and, after hearing, to enter an order adjudicating Defendants in civil contempt and imposing
sanctions including but not limited to the following:
1. That settlement be held in accordance with the parties' agreement and that
the Defendants specifically perform their agreed upon obligations by a
date to be set by the Court, or that if settlement does not occur that
judgment be entered in favor of Plaintiffs and against Defendants, jointly
and severally, for $200,00,00 plus those other sums agreed to be paid to
Plaintiffs in settlement of the above-captioned matter;
2. Payment by Defendants of interest at the legal rate upon the monies agreed
to be paid by Defendants to Plaintiffs;
3, Payment by Defendants of Plaintiffs' attorneys fees; and
4. Such further relief as this Court deems necessary, just and appropriate.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Date: January ,)5,2002
Roger B. I Esquire
Supreme Court I.D, No. 06282
Douglas G. Miller, Esquire
Supreme Court I.D, No, 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Plaintiffs,
Susan C. Jones, et al.
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VERIFICATION
The foregoing document is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa,C.S.A. Section
4904, relating to unsworn falsification to authorities,
J;/A#.k tfP 'V
sUo ~N C JONES
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Date:
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VERIFICATION
The foregoing document on behalf of the Plaintiff, R, Bernard Weber, is based upon
information which has been gathered by counsel for the Plaintiffs in the preparation of this
document. The statements made in this document are true and correct to the best of the counsel's
knowledge, information and belief. The Plaintiff's verification cannot be obtained within the
time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the
Plaintiff to 42 Pa,C.S,A, 9 1024(c)(2). The undersigned understands that false statements herein
made are subject to the penalties of 18 Pa,C,S,A. Section 4904, relating to unsworn falsification
to authorities,
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Date: January 25, 2002
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SUSAN C. JONES and
JOHN W. JONES, her
husband, and R, BERNARD
WEBER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - EQUITY
IN PARTITION
GWENETH D. MONGELLI and
JOHN T. MONGELLI, her
husband, and DEREK A.
MONGELLI,
Defendants
No. 00-5585 EQUITY TERM
ORDER OF COURT
AND NOW, this 19th day of March, 2001, upon
consideration of the complaint for partition in the
above-captioned action, and pursuant to an agreement
reached in open court on this date between and among the
parties and their respective counsel, the details of which
agreement including contingencies were dictated by counsel
for the parties and are incorporated herein, the hearing
scheduled for this date is continued generally, and counsel
are requested to notify the Court at such time as the
transaction referred to in the agreement has been completed
or, in the event that a contingency is not met, at such
time as a hearing is required on the complaint.
By the Court,
J. IWesley
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AGREEMENT OF SALE FOR REAL PROPERTY
THIS IS AN AGREEMENT OF SALE, made this L day of 7S,'().,{y
2001. among Gwenth D, Mongelli, John T, Mongelli and Derek A, Mongelli (heJm after
"Buyer"), Susan C, Jones, John W, Jones and R, Bernard Weber (herein after "Seller"),
BACKGROUND
A. Sellers and Buyers are currently the legal owners of the Real Property, (as described in
by Deed in Book 205, Page 33 and recorded in Cumberland County, Pennsylvania, Courthouse)
the Personal Property, the landlord's interest in the Tenant Leases, and certain other interests,
privileges, rights. and property associated with the Real Estate, the Personal Property, and the
Tenant Leases, all of which Sellers intend and hereby agree to sell to Buyer,
B, Buyer intends and hereby agrees to purchase from Sellers their interest in the Real
Property, the Personal Property, the landlords's interest in the Ten~nt Leases, and such other
interests and property as set fortli herein, under the terms and conditions set forth in this
Agreement.
I, Sale of Property. Sellers agree to sel!, assign, transfer, and convey to Buyer, and
Buyer agrees to purchase from Sellers, upon the terms and conditions herein set forth, (a) good,
marketable, and insurable fee simple absolute title to the Real Property, (b) all oflandlord's
interest in and to the Tenant Leases, and (c) good, marketable, and unencumbered title to the
Personal Property.
2. Purchase Price; Mortgage_
(a) Amount of Purchase Price. The total purchase price to be paid by Buyer (the
"Purchase Price") shall be~ of the balance of t;he Mortgage in favor of ~IOO,OOO.OO
Ban s cure a a~n he Re t ana
to Susan C. Jones and John . Jones for ~elr m1er~t m'me rand an~~f<f8,Bo5,d'0 to go to R.
Bernard Weber for his interest in the land, The remaining monies tendered by Buyer shall be
usedto satisfY the lien interest in the mortgage of Sellers, and the lien and mortgage interest held
against Buyers, and thus to totally satisfY any outstanding mortgages or liens on the property, and
then ifthere is any remainder thereafter to be applied by Buyer towards closing costs, Buyer to
take any surplus thereafter,
.3. Closing Documents to Be Delivered by Sellers, At closing, Sellers shall deliver to
Buyer all ofthe following:
(a) Deed. A special warranty deed (the "Deed"), duly executed, attested, acknowledged,
and in recordable form, conveying good, marketable, and insurable title to the Real Estate to
Buyer, subject only to the Title Encumbrances, being in the form attached hereto as "Exhibit A"
and made a part hereof.
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(b) Tenant Leases. All original Tenant Leases, together with all amendments,
modifications, and supplements thereto, certified to Buyer by Sellers to be true, correct, and
complete original copies thereof.
(c) Assignment of Warranties and Guarantees. An assignment assigning and transferring
all warranties and guarantees benefitting Sellers or obtained by Sellers in connection with the
construction, maintenance, or operation ofthe Real Property.
(d) Security Deposits. All security deposits paid by the tenants under the Tenant Leases,
being listed on the Rent Roll, together with any interest accrued thereon as required by law or by
the terms of the Tenant Leases.
(e) Title Documents, Such documents as are required for the issuance of title insurance as
set forth in Subsection 8( c) below.
(f) Miscellaneolls. Such other documents as reasonably may be required to fulfill Sellers'
obligations hereunder and effectuate the sale contemplated hereby.
4. Closing.
(a) Place of Closing. The closing and settlement of this transaction ("Closing") shall take
place at the law office of Karl E, Rominger at 155 South Hanover Street, Carlisle, PA,
(b) Time of Closing. The Closing shall commence at I p. m, on or before June 29, 200 I
or such other time as mutually agreeable to the parties and agreed to by their counsel in writing.
5. Representations and Warranties of Seller,
(a) Sellers, in order to induce Buyer to enter into this Agreement and to complete Closing,
each makes the following representations and warranties to Buyer:
(i) Sellers have the full and lawful unrestricted right and power to execute, deliver and
perform its obligations under this Agreement and to complete all transactions contemplated
hereunder,
6, Condition of Title.
(a) As a condition to Buyer's completion of Closing, on the Closing Date Title to the Real
Property shall be good and marketable and free and clear of all liens, restrictions, easements,
encumbrances, and leases, except for all visible and of record easements, the Title Encumbrances,
and insurable by the Title Company in the amount of the Purchase Price at ordinary rates pursuant
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to the standard Stipulations and Conditions ofa ALTA Policy of Owner's Title Insurance (1970-
---Form B), which Policy shall show title to the Real Property vested in Buyer subject only to the
Title Encumbrances,
(b) If the Title Company, as a condition to its insuring title to the Real Property as set
forth in Subsection 6(a) above, shall so request, Sellers shall execute and deliver to the Title
Company an affidavit in the form required by the Title Company ("Sellers Affidavits"), Sellers
shall also deliver to the Title Company any instrument or document, including without limitation
receipted real estate tax and water and sewer rent bills showing payment of current charges and
assessments, as are necessary for the issuance of the title policy described in Subsection 6(a)
above.
7. Closing Documents to be Delivered by Buyer. At Closing, Buyer shall deliver or cause
to be delivered to Sellers all of the following:
(a) Purchase Price. The Purchase Price, as adjusted in accordance with the provisions of
this Agreement.
(b) Other Documents. All other documents required for the consummation of the
transactions contemplated hereunder.
8. Conditions Precedent to Buyer's Obligation to Complete Closing. Buyer and Seller
acknowledge and agree that Buyer's obligation to complete Closing hereunder shall be subject to
the fulfillment, prior to or at Closing, of the following conditions precedent:
(a) Title to the Real Property and to the Personal Property shall be in the condition
specified in Article 1 above including the personal property belonging to Mr. R. Bernard Weber
which property is part ofthe settlement of the Evelyn M. Webber Estate. Mr. Weber or his
agents shall have thirty (30) days from the date of closing to remove his personal property from
the Buyers,
(b) The warranties and representations of Seller specified in Article 5 hereofshall be true
and correct in all material respects as ofthe Closing Date.
(c) The Title Company shall have issued or committed to the issuance of the title insurance
policy described in Subsection 6(a) hereof, containing as exceptions only all visible and ofrecord
easements and the Title Encumbrances. If the Real Property is the beneficiary of any appurtenant
easement granted pursuant to a recorded instrument providing for ingress or egress or for utility
service or for any other purpose, such easement shall be insurable, at regular rates, as appurtenant
to the Real Property,
(d) Seller shall have tendered physical possession of the Real Property, free of all leases,
licenses, or claims or rights of possession other than the Tenant Leases,
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(e) Seller shall have delivered to Buyer all documents and items specified in Section 3
hereof.
(1) Buyer shall obtain financing from a lender for the total Purchase Price with an interest
rate not greater than eight (8) percent for terms of not less than fifteen (15) years.
In the event any foregoing conditions precedent to Buyer's obligation to complete Closing
are not satisfied prior to or at the Closing, Buyer shall have the right to terminate this Agreement
by written notice to Seller on or prior to the Closing Date,
9. Successors and Assigns. This Agreement shall extend to and shall bind the respective
successors and assigns of the parties hereto.
10, Termination of Agreement by Buyer, If Buyer timely terminates this Agreement by
written notice to Sellers pursuant to the termination rights set forth in this Agreement, then, upon
such termination, this Agreement shall be and become null and void, and neither Buyer or Seller
shall have any further rights nor obligations hereunder, Timely termination should be termination
up and until and including the time set for closing.
II, Notices. All notices, requests and other communications under this Agreement shall
be in writing and shall be sent by registered or certified mail, return receipt requested, postage
prepaid, or by hand delivery addressed as follows:
If intended for Buyer:
Rominger Law Offices
155 South Hanover Street
Carlisle, PA 17013
If intended for Seller:
Irwin, McKnight and Hughes
60 West Pomfret Street
Carlisle, P A 17013
or to such other address or addresses or party or parties of which Sellers and Buyer shall
have given notice as herein provided, All such notices, requests or other communications shall be
deemed to have been sufficiently given for all purposes hereof on the date of the proper mailing
thereof, and may be given on behalf of any party by its respective counsel. .
12. Survival, Except to the extent that any provision of this Agreement expressly
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provides that it shall not survive Closing, all of the representations, warranties, and agreements of
Sellers and Buyer under this Agreement shall survive Closing and delivery of the Deed for the
periods herein expressly stated,
13, Dl!fault of Sella. In the event that Sellers' title at Closing is not as stipulated in
Section 8 hereof, or Closing does not occur on or before the Closing Date as a result of Sellers
default, or is otherwise in default in the performance of the provisions hereof, Buyer may either
(a) disregard such default and perform this Agreement by accepting said title and premises in such
condition as Sellers can convey without abatement in price except for monetary liens of an
ascertainable amount, or (b) terminate this Agreement and recover all sums plus interest paid on
account of Purchase Price from Sellers, if any, or (c) seek specific performance of Sellers'
obligations hereunder.
14. Taxes. Buyers and Sellers agree to pay the accountant bill for the tax year ending
December 31. 2000 in the amount of$375.00, and applicable late fees.
(a) Taxes shall be prorated according to the payment by the parties and any escrow funds
returned as a result of satisfying the mortgage should be divided according to the payment of the
taxes.
(b) Any transfer liability will be the responsibility of the Buyers.
15, Representations and Warranties of Buyers_
(a) Buyers, in order to induce Sellers to enter into this Agreement and to complete
Closing, each makes the following representations and warranties to Buyer:
(i) Buyer warrants that all mortgage payments and all utility payments for the property and
its improvements have been paid from March 19,2001 until closing date,
16, Partnership dissolved. Any Partnership between the parties (Sellers and Buyers)
shall be fornlally dissolved and the parties shall cooperate in providing and obtaining information
and documentation necessary for preparation ofthe 200 I federal and state income tax returns,
17, Rent division of land rented. The parties shall divide the rent owed by the farmer
who has been renting a portion ofthe property,
C, This Agreement represents a compromise based on the Action of the Sellers In
Partition against the Buyers, for division of the land,
. .Thi~ ~ales A,reement is made pursant to a proposed compromise
1n a Part1t10n Act10n,and should either party breach it is the intent
of the pa:ties that th~s matter return to Court. Further,none of the
language 1n the forego1ng document is designed to be construed as admissio
of fact in any dispute that may arise,or has arisen in
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IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto
have executed this Agreement on the day and year first above written,
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Buyer. Gwenth A.
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Seller, R. Bernard Weber\ // Buyer, John T, Mongelli
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Law ()~'
1 North Main Street
Chambersburg, PA 17201
. 155 South Hanover Street
Carlisle, PA 17013
717-241-6070' Fax: 717-241.6878
laW@romingerlaw,com . www.romingerlaw.com
Please reply to Carlisle office.
June 7, 2001
Douglas G. Miller, Esq,
Law Firm of Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Attention: Mark Schwartz
Via Fax: 249-6354
Re: Evelyn Estates - Sale
Gentlemen:
My client has informed me that the financier for the Sales Agreement needs a signed copy
to complete the paperwork and obtain approval of a mortgage, It does appear that financing is
available, and that once your clients have signed the Sales Agreement and signed copies are in the
. Office of the Financier, the transaction will go as planned. '
Therefore, please have your clients sign the Sales Agreement that I have provided in its
modified version, which allows ample time for their signatures and for the five days the financier
will need, We should then set a closing date sometime after that period is over, and I will leave
that to our secretaries to schedule.
Since it was the iIltent of the parties to settle, and although it has taken somewhat longer
than expected, this has not materially harmed your clients, Therefore, I see no reason why we can
not move amicably to settlement.
If you have any questions, please do not hesitate to contact me,
Sincerely,
7~
Karl Rominger, Esquire
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LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B. IRWIN
MARCUS A. McKNiGHT, llf
JAMES D. HUGHES
REBECCA ~. HUGHES
MARK D. SCHWARTZ
DOUGLAS G. MIllER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717) 249-2353
FAX (717) 249-6354
E-MAIL,IMHLAW@SUPERNET.CDM
HARDWS.IRWIN (1925-1977)
HAROLD S. IRWIN, JR. (1954-1986)
IRWIN. IRWIN & IRWIN (1956-1986)
IRWIN,IRWIN&McKNlGHT (1986-1994)
IRWIN, McKNIGHT & HUGHES (1994- )
July 25, 2001
VIA FACSIMILE ONLY (717) 241-6878
KARL E. ROMINGER, ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE, P A 17013
RE: JONES. et a!. v. MONGELLI
No. 2000-5585, In Partition
Dear Attorney Rominger:
You had indicated on July 18, 2001 that you would be contacting me the following day
with regard to the Agreement of Sale to set up a time for settlement. To date I have not received
any response from you.
My clients have been very patient as the agreement was that this matter would be
fmalized no later than June 4, 2001. They have now indicated that this matter must be resolved
by the end of the month, If it is not resolved, then they will proceed with court action to either
compel compliance with the settlement or resume the partition action. I trust that such action
will not be necessary. Please contact me at your earliest convenience.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
~1~
DGM:alk
cc: Mr, and Mrs. John Jones
R, Bernard Weber
'>,{1'I
..
LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B. IRWIN
MARCUS A. McKNIGHT, 1Il
JAMES D. HUGHES
REBECCA R. HUGHES
Mt4RK D. SCHWARTZ
DOUGLAS G. MILLER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE. PENNSYL VANIA 17073-3222
(77 71249-2353
FAX (717) 249-6354
E-MA.L..MHLAW@SUPERNET.COM
HAROLDS./RlJ'lN (1925.1977)
HAROLD S. IRWIN. JR. (l95-1-IW\(j)
IRWIN,IRWIN &. IRWIN (1956./98fi/
IRWIN. IRWIN &. McKN1GHT (1986-199.1)
IRWIN. McKNIGHT&HUGHES (1994- )
August 6, 200 I
KARL E. ROMINGER, ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE, PA 17013
RE: JONES. et aI. v. MONGELLI
No. 2000-5585, In Partition
FILE COPy
Dear Attorney Rominger:
Enclosed please fmd one (I) copy of the proposed Deed. Having just reviewed the realty
transfer tax provisions, I do not believe that transfers from aunts and uncles to nieces or nephews
are exempt from taxation, Therefore, you may want to consider having my clients interest
transferred entirely to Mr. and Mrs. John Mongelli in order to avoid transfer tax. Otherwise,
your clients will be responsible for any transfer tax obligations per the Agreement of Sale,
My clients are requesting to have settlement on or before August 17, 200 I, and to that
end request that you forward any documents you desire to have them sign, I will then attend
settlement to sign the HOD-I s on therr behalf and to receive their proceeds checks,
Please contact my office to schedule settlement on this matter. I look forward to your
office's prompt reply.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
\
Jf. ft()L
. Miller
DGM:alk
cc: Mr. and Mrs, John Jones
R. Bernard Weber
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LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B. IRWIN
,\-(A.RCUS.of. McKNIGHT. III
JAJfES D. HUGHES
REBECCA R. HUGHES
,\.fARK D. SCHWARTZ
DOUGUS G. MIllER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE. PENNSYLVANIA 77073-3222
1717) 249-2353
FAX 177 7) 249-6354
E.MAIL: IMHLAW@SUPERNET.COM
HAROLDS.1RWIN (/925-/977)
HAROLDS./RlrlN. JR, (195./-/986)
IRWiN. /RW1/V & IRWiN (/956-19/M)
IRI'llN,lRIV1N &. McKNIGHT (/986-/99./)
IRWIN. .\fl'K,\'IGHT & HUGHES (/994- )
August 21, 2001
VIA FACSIMILE (717) 241-6878 and U.S. MAIL
KARL E. ROMINGER, ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE, PA 17013
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RE: JONES. et at. v. MONGELLI
No. 2000-5585, In Partition
Dear Attorney Rominger:
Per our telephone call with your office, settlement in this matter has been scheduled for
August 31, 2001 at 9:00 a.m. in your office.
I have not heard any response from you with regard to the proposed Deed I had sent on
August 6, 2001. Also, please forward any documents you want my clients to sign by the end of
the week, or I will prepare our standard documents for their signature and provide the same to
you at closing.
I look forward to your office's prompt reply.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
2*~ #. ~
DGM:alk
cc: Mr, and Mrs. John Jones
R, Bernard Weber
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
v.
NO. 00-5585 CIVIL TERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Karl E, Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
Date: January J5 ,2002
IRWIN, McKNIGHT & HUGHES
Douglas
Supreme ourt J.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs,
Susan C, Jones, et al.
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
CML ACTION - EQUITY
v.
NO. 00-5585 CML TERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
ORDER OF COURT
AND NOW, this "2 -5 f( day of ]' VI v ~ I 7 ' 2001, upon consideration of the
attached Petition, it is hereby directed that the parties and their respective counsel appear at
Courtroom No, I ,Cumberland County Courthouse, Carlisle, Pennsylvania, on
~/9
, 2001 at~f. M, for a Hearing in this matter to determine the
Plaintiffs' right of partition in this matter.
BY THE COURT,
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD: CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
NO. 00-5585 CIVIL TERM
v.
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
PETITION FOR HEARING
AND NOW, this 22nd day of January, 2001, come the Plaintiffs, SUSAN C. JONES and
JOHN W. JONES, her husband, and R. BERNARD WEBER, by and through their attorneys,
Irwin, McKnight & Hughes, and file this Petition for Hearing, averring as follows:
1.
On or about August 11,2000, Plaintiffs filed a Complaint in Partition against Defendants
with regard to that real property situate in Monroe and Upper Allen Townships, Cumberland
County, Pennsylvania, as more specifically described in Paragraph Four (4) of Plaintiffs'
Complaint.
2.
On or about September 11, 2000, Defendants filed a Preliminary Objection to the
Complaint raising nonjoinder of a necessary party,
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3,
Following briefs and oral argument, this Court entered an Order of Court dated December
7,2000, denying Defendants' Preliminary Objections.
4.
On or about January 12, 2001, Defendants filed an Answer with New Matter to the
Complaint asking the Court to deny Plaintiffs' request for partition in this matter.
5.
On or about January 22,2001, Plaintiffs filed their responses to Defendants' New Matter,
6.
As the pleadings and discovery in this matter appear to have been completed, and
pursuant to Pa.R.Civ,P, No. 1557, Plaintiffs hereby petition this Court for a hearing to determine
the Plaintiffs' right of partition in this matter.
7,
Based upon the issues raised in the pleadings, Plaintiffs believe and therefore represent
that the parties will require approximately two hours to conduct said hearing,
. , ",~,"",,-- ./..',',,- ,<,-",;"-~",,~ , -~~.' ",_v_,~:",~",_,_,~, ",-,'.- . .. .....u ...... -~,-.~ ,,- ~,'- '=" ,,-,~ .. , . "-,,,~- .,.
WHEREFORE, Plaintiffs respectfully request that this Court enter an order setting a
date and time for a hearing to determine the Plaintiffs' right of partition in this matter,
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Roger
Suprem Court I.D. No, 06282
Douglas G. Miller, Esquire
Supreme Court I.D. No, 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Plaintiffs,
Susan C, Jones, et al.
Date: January 22, 2001
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD: CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
NO. 00-5585 CIVIL TERM
v.
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
CERTIFICATE OF SERVICE
I, Douglas G, Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
Date: January 22, 2001
IRWIN, McKNIGHT & HUGHES
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Douglas . Miller, Esquire
Supreme Court I,D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs,
Susan C, Jones, et ai,
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SUSAN C. JONES and
JOHN W. JONES, her
husband, and R. BERNARD
WEBER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
IN PARTITION
GWENETH D. MONGELLI and
JOHN T. MONGELLI, her
husband, and DEREK A.
MONGELLI,
Defendants
No. 00-5585 EQUITY TERM
ORDER OF COURT
AND NOW, this 19th day of March, 2001, upon
consideration of the complaint for partition in the
above-captioned action, and pursuant to an agreement
reached in open court on this date between and among the
parties and their respective counsel, the details of which
agreement including contingencies were dictated by counsel
for the parties and are incorporated herein, the hearing
scheduled for this date is continued generally, and counsel
are requested to notify the Court at such time as the
transaction referred to in the agreement has been completed
or, in the event that a contingency is not met, at such
time as a hearing is required on the complaint.
By the Court,
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For the Plaintiffs
Karl E. Rominger, Esquire
For the Defendants
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD: CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
v.
NO. 2000 - 5585 CIVIL TERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
ACCEPTANCE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for the Defendants in the above-captioned matter,
hereby agree on behalf of my clients, Gweneth D, Mongelli, John T. Mongelli, and Derek A.
Mongelli, to accept service of the Complaint which was filed on August 11, 2000,
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Karl E. Rominger, Esquire
Rominger Law Offices
155 South Hanover Street
Carlisle, PA 17013
Attorney for Defendants
Date: fJU,!j /7,2000
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CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certifY that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Karl E, Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
Date: August 21, 2000
IRWIN, McKNIGHT & HUGHES
~/ /I. ;H;ipL
Doug G. Miller, Esquire
Supreme Court LD, No, 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs,
Susan C. Jones, et al.
\DMILLER\FORMS\CERTIFCATE OF SERVICE
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next ArglmIent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption ITRJSt be stated in full)
SUSAN C. JONES,
JOIDl W. JONES, and
R. BERNARD WEBER,
(Plaintiff)
VS.
GWENETH D. MONGELLI,
JOHN T. MONGELLI, and
DEREK A. MONGELLI,
(I:efendant)
Civil
n 2.000
No. 5585
1. State matter to be argued (Le.. plaintiff's llOtion for new trial, defendant's
demurrer to canplaint, etc.):
DEFENDANTS' PRELIMINARY. OBJECTION TO COMPLAINT
2. Identify counsel who will argue case:
(a) for plaintiff:
Address:
DOUGLAS G. MILLER, ESQUIRE
IRWIN, McKNIGHT & HUGHES.
60 WEST POMFRET STREET
CARLISLE, PA 17013
KARL E. ROMINGER, ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE, PA 17013
(b) for defendant:
Address:
3. I will notify all parties in writing within bio days that this case has
been listed for argtrrent.
4. Argurent Court Date:
DECEMBER 6, 2000
Dated: OCTOBER 5, 2000
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SUSAN C. JONES and
JOHN W. JONES, and
R. BERNARD WEBER,
Plaintiffs
v.
GWENETHD.
MONGELLI, JOHN T.
MONGELLI, and DEREK:
A. MONGELLI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO, 00-5585 CIVIL TERM
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO COMPLAINT
BEFORE HOFFER. PJ.. OLER and GUIDO. JJ.
ORDER OF COURT
AND NOW, this 7th day of December, 2000, upon consideration of
Defendants' Preliminary Objections to Complaint, the preliminary objections are
denied,
Roger B, Irwin, Esq,
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, P A 17013
Attorneys for Plaintiffs
Karl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Defendants
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BY THE COURT,
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten am sutmitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter far the next Argunent CaJrt.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
suSAN C. JONES.
JOIIN W. JONES. and
R. BERNARD WEBER.
(Plaintiff)
vs.
GWJ>NETH D. MONGELLI.
JOIIN T. MONGELLI. and
DEBEK A. MONGELLI.
( Defendant)
n: 2000
No. 5585
Civil
1. State matter to be argued (Le.. plaintiff's rrvtion for new trial, defendant's
derrurrer to canplaint. etc.):
DEFENDANTS t PRELDlINARY .OBJECTION TO COMPLAINT
2. Identify counsel1Oho will argue case:
( a) for plaintiff:
Address:
DOUGLAS G. MILLER. ESQUIRE
IRWIN. McKNIGHT & HUGHES
60 WEST POMFRET STREET
CARLISLE. PA 17013
KARL E. ROMINGER. ESQUIRE
155 SOUTH HANOVER STREET
CARLISLE. PA 17013
(b) for defendant:
Address:
3. I will notify all parties in writing within two clays that this case has
been listed for argunent.
4. ArgLrnent CaJrt Date:
DECEMBER 6. 2000
Dated: OCTOBER 5. 2000
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SUSAN C. JONES and JOHN W, JONES, : CUMBERLAND COUNTY, PENNSYLVANIA
her husband, and R. BERNARD WEBER,
Plaintiff~
: CIVIL ACTION - EQUITY
v.
: IN PARTICIPATION
GWENETH D, MONGELLI and
JOHN T, MONGELLI, her husband, and
DEREK A. MONGELLI : NO. 00-5585 CIVIL TERM
Defendants
BRIEF IN SUPPORT OF DEFENDANTS' PRELIMINARY OBJECTIONS
TO: Irwin, McKnight and Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
Attorney for: Susan C, Jones,
John W. Jones, R. Bernard
Weber
Karl E, Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013-3222
(717) 241-6070
Supreme Court J.D. # 81924
Attorney for Defendants
I. FACTS
Plaintiffs Susan C. Jones, John W. Jones, R. Bernard Weber and Defendants Gweneth D.
Mongelli, John T. Mongelli and Derek A. Mongelli are all partial owners of the property, the
exact varying proportions of which are material facts yet to be determined. Keystone Financial
Bank, N.A. (currently Manufacturers and Traders Bank), holds a mortgage lien on the property in
the principal amount of Five Hundred Sixty Thousan4 and no/1 00 dollars ($560, 000).
,
Plaintiffs seek remedies including partition of the property with equal division and
allocation of the lien of the balance of the Mortgage, and that "all proper and necessary
conveyances and assurances be executed/or carrying such partition into effect." Further, if a
partition of the property cannot be effectuated without material injury and prejudice to the rights
of the parties, the Plaintiffs seek the sale of the property. The Plaintiffs seek a declaration by this
Court that Defendants pay the Plaintiffs an amount equal to the Plaintiffs' share of the property in
rent and profit proceeds. Last, in their most sweeping request, the Plaintiffs ask this Court to
"award such other and further relief as this Court may deem appropriate, proper, equitable,
necessary and just."
Defendants filed preliminary objections seeking the dismissal of the case for failure to
join an indispensable party, Keystone Financial, N.A.
II. OUESTIONS PRESENTED
A. Whether Keystone Financial is an indispensable p~ to this action?
Suggested Answer: Yes.
B. If Keystone Financial is an indispensable p~ to this action, does this Court have
jurisdiction over this matter and can it render any orders or decrees regarding this case?
Suggested Answer: No.
III. ARGUMENT
A. KEYSTONE FINANCIAL IS AN INDISPENSABLE PARTY TO THIS
LITIGATION
Keystone Financial, N.A., indisputably holds a substantial interest in the property and is
therefore an indispensable party to this litigation. Keystone Financial Bank, N.A. holds a
mortgage lien on the property in the principal amount of Five Hundred Sixty Thousand and
nolI 00 dollars ($560, 000). The Plaintiffs have sought remedies that range from rent
apportionment to currently undefined and potentially far-reaching court decreed relief in this
matter. In the same request for relief, Plaintiffs request that "all proper and necessary
conveyances and assurances be executed for carrying such partition into effect." These
requested remedies intrude, or at least potentially intrude, upon the rights associated with the
mortgage lien Keystone Financial holds on the property, rendering the bank an indispensable
party to this litigation.
THE LAW
The law on what constitutes an indispensable p~ in Pennsylvania is clear and
unambiguous. An "Indispensable party" is one whose rights are so connected with the
claims of litigants that no relief can be granted without infringing on those rights.
Annenberg v. Com., 686 A.2d 1380 (Cmwlth. 1 996); Montella v. Berkheimer Associates, 690
A.2d 802 (Cmwlth.l997); Fontaine v. Wissahickon, 658 A.2d 851 (Cmwlth.l995); Pennsylvania
Human Relation Com 'n v. School Dist. of Philadelphia, 651 A.2d 177 (Cmwlth.1993); Hart v.
O'Malley, 647 A.2d 542 (Super.l994). Factors which this Court should consider in determining
whether a p~ is indispensable are: (1) does the absent p~ have a right or interest related to
the claim; (2) if so, what is the nature of that right or ij:lterest; (3) is that right or interest essential
to the merits ofthe issue; and (4) can justice be afforded without violating the due process rights
of absent p~. Borough of Wilkins burg v. Horner, 490 A.2d 964,88 Pa.Cmwlth. 594,
(Cmwlth.1985). Inquiry into whether p~ is indispensable is viewed from the perspective of
protecting rights of absent parties, not from the perspective of whether joinder of a p~ to an
action would make the matter more difficult to litigate. E-Z Parks, Inc. v. Philadelphia Parking
Authority, 521 A.2d 71,103 Pa.Cmwlth. 627, (Cmwlth.l987).
APPLICATION OF THE LAW TO THE FACTS
Keystone Financial, N.A., holds a mortgage lien on this property. The Plaintiffs' request
for relief, if granted, very likely will intrude upon the rights of Keystone Financial, N.A., in
regard to the property. Plaintiffs seek relief that in all likelihood will affect the manner in which
the balance of the Mortgage is paid, and that "all proper and necessary conveyances and
assurances be executedfor carrying such partition into effect." Plaintiff cannot seriously
contend that not one of the proper and necessary conveyances and assurances that must be
executed to carry such partition into effect will in no way, under any circumstances, affect the
very bank that holds the mortgage lien sought to be paid, as Plaintiff must contend to lawfully
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exclude Keystone Financial, N.A., as a p~ to this litigation.
Plaintiffs further seek tile sale of the property if partition of the property cannot be
effectuated without material injury and prejudice to the rights of the parties. Surely, plaintiffs are
not attempting to imply by their failure to join Keystone Financial, N.A., in this litigation that the
full sale of the very property on which Keystone Financial, N.A., holds a mortgage lien does not
affect the rights of the bank in relationship to the property. Sales of property is time sensitive.
Some times are better than otht:r times to sell property due to fluctuating interest rates, varying
condition of the property and many other factors. Keystone Financial, N.A., should at the very
least be a p~ to this litigation when its property rights are threatened in this manner.
The Plaintiffs ask this Court to "award such other and further relief as this Court may
deem appropriate, proper, equitable, necessary and just." The difficulty for the Plaintiffs here is
that what this Honorable Court deems appropriate, proper, equitable, necessary and just would
almost certainly be impacted by the inclusion of input from Keystone Financial, N.A., as a p~
to this litigation. The input of the holder of the mortgage lien, when the very disposition of the
mortgage lien in the manner of its repayment and possible transfer in the form of a sale are
attendant to any requested remedies, certainly may contribute to this litigation in a manner that
materially affects what this Honorable Court deems appropriate, proper, equitable, necessary and
just.
The remedies sought by the Plaintiffs simply intrude upon the rights associated with
Keystone Financial's possession of a mortgage lien on the property. Recall that four factors
Pennsylvania courts consider include (1) does the absent p~ have a right or interest related to
the claim; (2) ifso, what is the nature of that right or interest; (3) is that right or interest essential
to merits of the issue; and (4) can justice be afforded without violating the due process rights of
absent p~.
Pursuant to the four factors Pennsylvania case law considers, (1) Keystone Financial
clearly has a right or interest related to this claim in the form of the remedy sought and how it
affects its mortgage lien; (2) the nature of Kevstone Financial's. N.A. right or interest goes to the
very heart of the remedy sought in that the remedy seeks to arrange repayment of the mortgage
lien or even transfer it in the form of a sale without the slightest input from the holder of the
mortgage lien; (3) clearly the rights or interests ofthe holder of a mortgage lien are essential
when the relief sought involves the transformation of the means of payment of the lien or the
very sale of it; and (4) justice unquestionably cannot be afforded without violating the due
Drocess rights of the party who holds the most substantial and overreaching interest in the
property around which the litigation centers. Not only can this Court order a change in the means
of repayment and the outright sale of the property, but it can devise any relief it sees as
appropriate pursuant to the Plaintiff's requests for relief. According to the Plaintiff, it is properly
within the power of this Court to fashion a remedy that affects Keystone Financial, N.A., but
Keystone Financial, N .A., need not be joined in the case. This is a violation of due process under
Pennsylvania law.
CONCLUSION
Regardless of whether joinder of Keystone Financial, N.A., might or might not make this
litigation more difficult, the bank simply must be joined. The law is primarily concerned with
protecting the rights of absent parties and therefore Keystone Financial, N .A., as an indispensable
party to this litigation, should be joined.
B. CASE LAW ALLOWING PARTITION WITHOUT THE JOINDER OF A
HOLDER OF A LIEN ARE NOT APPLICABLE HERE BECAUSE THE
PLAINTIFFS ARE SEEKING MORE THAN PARTITION
"It is settled that a lien creditor of a tenant in common is not entitled to notice of partition,
and if partition be fairly made, thereafter the lien shall be exclusively on the part allotted to the
debtor. This is so with a mortgage, for though in form, a deed and clothing the mortgagee with
some of the benefits of a purchaser, in other respects it is only a security for a debt." Duke v.
Hague, 107 Pa. 57, 67 (1884). "A lien creditor is not prejudiced by an equal and just partition."
Id.
Even under case law seemingly most favorable to the Plaintiffs in this case, the fact
remains that Keystone Financial, N.A., is an indispensable party. The nineteenth century case
law dealing with partitions and whether mortgagees are prejudiced if not joined does not address
the scenario where the Plaintifls seek more than a mere partition, but "all proper and necessary
conveyances and assurances. . . for carrying such partition into effect." Second and even more
poignantly, the old case law ceJiainly does not control where Plaintiffs request the very sale of
the property "if a partition of the DrODertv cannot be effectuated without material injury and
prejudice to the rights of the parties." Last, where Plaintiffs seek such potentially broad and
sweeping relief by asking the Court to award other relief the Court may deem appropriate,
proper, equitable, necessary and just, it is possible that the Court might view relief beyond the
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mere partition of the property as appropriate. This possibility is enough to require joinder of
Keystone Financial, N.A., as an indispensable p~.
The aged case law holding that a mortgagee need not be joined where a partition is sought
is simply too narrow to control in this case. The reason is simple. Plaintiffs' requests for relief
seek far more than the mere partition of the property. The old precedent simply does not
contemplate relief broader than partition rendering the case law entirely inapplicable.
C. THE CONSEQUENCE OF THE FAILURE TO JOIN AN INDISPENSABLE
PARTY IS THE DISMISSAL OF THE ACTION FOR LACK OF JURISDICTION
AND THE NULLITY OF ANY ORDERS OR DECREES BY THE COURT
The failure of the Plaimiffs to join Keystone Financial, N.A., to this litigation proves fatal
to the jurisdiction of this Court to hear and render orders or decrees on the matter.
Pennsylvania law holds that the absence of an indispensable p~ goes absolutely to the
court's jurisdiction and, if an indispensable p~ is not joined, a court is without jurisdiction to
decide the matter. Hart v. O'Malley, 647 A.2d 542, 436 Pa.Super. 151, Super.l994, appeal
granted 655 A.2d 515, 540 Pa. 583, affirmed 676 A.2d 222, 544 Pa. 315. Hart v. O'Malley, 467
A.2d 542, 436 Pa.Super. 151 (Pa.Super.l994). Further, tile absence of an indispensable p~
renders any order or decree of a court null and void. Id.
Viewing Keystone Financial, N.A., as an indispensable p~, as is necessary under the
laws of Pennsylvania, precludes this Court from rendering its judgment due to a lack of
jurisdiction. The Defendants mspectfully request that this Honorable Court dismiss this case for
its apparent lack of jurisdiction.
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IV. CONCLUSION
Keystone Financial, N.A., is an indispensable p~ to this litigation. As such, Keystone
Financial, N.A., must be joined in the action or the case must be dismissed. Failure to join
Keystone Financial, N.A., as an indispensable p~ violates the due process rights of the bank
and is fatal to the jurisdiction of this Court to render judgment on the matter. The Defendants
respectfully requests this Court to dismiss this case for the foregoing reasons.
Respectfully Submitted.
~ ~---
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013-3222
(717) 241-6070
Supreme Court J.D. # 81924
Attorney for Defendants
...
---------
Dated: November 30, 2000
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SUSAN C. JONES and JOHN W. JONES, : CUMBERLAND COUNTY, PENNSYLVANIA
her husband, and R. BERNARD WEBER,
Plaintiff;
v.
: CIVIL ACTION - EQUITY
: IN PARTICIPATION
GWENETH D. MONGELLI and
JOHN T. MONGELLI, her husband, and
DEREK A. MONGELLI : NO. 00-5585 CIVIL TERM
Defendants
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Defendants Gweneth D. Mongelli, John T.
Mongelli and Derek A. Mongelli, do hereby certify that I this day served a copy of the Briefin
Support of Defendants' Preliminary Objections upon the following by personal service.
Irwin, McKnight and Hughes
60 West Pomfret Street
Carlisle, P A 17013-3222
Attorney for: Susan C. Jones,
John W. Jones, R. Bernard
Weber
Dated: November 30, 2000
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Karl E. Rominger, Esquire
Attorney for /Jefr.,,/4-j j-
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
..
CIVIL ACTION - EQUITY
NO. 00-5585 CIVIL TERM
v.
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
BRIEFIN OPP6SITIONTOmEEENDANTS'
PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT
Plaintiffs, SUSAN C. JONES, JOHN W. JONES, and R. BERNARD WEBER, by and
through their attorneys, Irwin, McKnight & Hughes, respectfully submit this Brief in Opposition
to the Preliminary Objection filed by Defendants, raising the issue of nonjoinder of a necessary
p~.
I. FACTS
Plaintiffs, Susan C. Jones, John W. Jones and R. Bernard Weber, filed a complaint in
partition initiating this matter against Defendants, the remaining co-tenants of the subject
property, on or about August 11,2000. Defendant filed a preliminary objection raising the issue
of nonjoinder ofa necessaryp~ on or about September 11,2000. This Brief is filed in support
of Plaintiffs' Complaint and in opposition to Defendants' preliminary objection.
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Plaintiffs and Defendants are all of the owners of certain real property located in Monroe
and Upper Allen Townships, Cumberland County, Pennsylvania. (PI. Compl. '114 and Ex. "A".)
All the interests of the parties in the said real property are held as tenants in common. (PI.
Compl. '11'119, II and Ex. "A".) As explicitly stated in the Executors Deed attached as Exhibit
"A" to Plaintiffs' Complaint, Plaintiffs Jones are the owners of an undivided one-third interest in
the real property and Plaintiff Weber is the owner of an undivided one-third interest. (pI. Compl.
'11'115-6 and Ex. "A".) As also explicitly stated in the Executors Deed attached as Exhibit "A" to
Plaintiffs' Complaint, Defendants Gweneth D. and John T. Mongelli are the owners of an
undivided one-sixth interest in said property, and Defendant Derek A.Mongelli is the owner of
an undivided one-sixth interest. (pI. Compl. '11'117-8 and Ex. "A".)
The parties acquired title to the said real property by Deed from The Estate of Evelyn M.
Weber aIkIa Evelyn N. Weber, dated July 30, 1999, and recorded on August 2, 1999. (pI.
Compl. '1110.) PNC Bank, N.A., as Executor under the Last Will and Testament of Evelyn M.
Weber aIkIa Evelyn N. Weber, conveyed all that certain real property unto the parties as tenants
in common in the proportional interests as described above. (pI. Compl. '1110 and Ex. "A".)
As specifically referenced in Plaintiffs' Complaint, Keystone Financial Bank, N.A.
("Keystone Financial"), now by merger Manufacturers and Traders Trust Company ("M & T
Bank"), holds a mortgage and lien on the said real property in the principal amount of Five
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Hundred Sixty Thousand and nollOO ($560,000.00) Dollars, by instrunlent dated July 30, 1999,
and recorded on August 2, 1999. (PI. Compl. '1112 and Ex. "B".) Keystone Financial is not a co-
tenant of said real property and was therefore not made a p~ to this action.
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No other persons or entities have an interest in the said real property, and no partition or
division of the property has ever been made. (PI. Compl. ~~ 15-16.)
II. QUESTION PRESENTED
Whether Pennsylvania law permits or requires joinder of a mortgagee of real property in
an action for partition where all the co-tenants of that property are already parties to the
action?
Suggested Response: NO
III. ARGUMENT
Pennsylvania law neither permits nor requires the joinder of a mortgagee of real
property to an action for partition of that property.
An action in partition is governed by the Pennsylvania Rules of Civil Procedure numbers
1551 through 1574, which specifically address who are to be parties in an action for partition.
"An action for partition may be brought by anyone or more co-tenants. All other co-tenants shall
be joined as defendants." Pa. R. Civ. P. No. 1553. Rule 1553 made an important clarification
from prior practice. The legislative statute governing prior partition actions used the phrase
"parties in interest" with regard to what parties should be joined in a partition action. This
phrase was abandoned in Rule 1553 for the more precise term, "co-tenant," thereby eliminating
any ambiguity regarding joinder of parties who may have an "interest" in property but are'hot co-
tenants. Goodrich-Amram 2d ~ 1553:2, citing Act of April 25, 1850, PL 569, ~ 9, 12 P.S. ~
1754, suspended by Rule 1591(19).
3
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Keystone Financial Bank, now by merger M & T Bank, is not a co-tenant of the subject
property. Keystone Financial holds only a mortgage and lien on said mortgage. A plain reading
of Rule 1553 precludes the joinder of any p~ who is not a co-tenant of the property subject to
the partition rules.
Defendants in their brief do not cite any statutory authority or case law that specifically
holds that a mortgagee or lien holder is entitled to be a p~ to a partition action. Defendants
merely posture that according to cases that have defmed what is an indispensable p~ to a
lawsuit, Keystone Financial qualifies under those general guidelines to be joined to this partition
action. In contrast, the Pennsylvania Supreme Court has on several occasions specifically held
that mortgagees and lien holders are not entitled to be parties to partition actions.
"A mortgagee is not entitled to partition, is not entitled to be made a p~ to a partition
proceeding, and is not even entitled to notice of partition." 23 Standard Pennsylvania Practice
2d ~ 122:54. As far back as 1874, the Pennsylvania Supreme Court firmly established this
principle. "A mortgagee of an undivided estate is not entitled to be made a p~ to a proceeding
in partition. He is not the owner of the estate, but a mere encumbrancer. . .. In order to be
entitled to be made a p~, he must have an estate, as owner, such as would confer the rights and
powers of an owner." Lone's Apneal, 77 Pa. 151, 152-153 (1874). The Court justified this rule
by pointing out that partition does not extinguish the mortgagee's interest. Instead the security
follows the partitioned property and "attaches to the estate held in severalty." Id. at 153.
The holding in Lone's Anneal was aff1rmed in Stewart v. Alleehenv National Ban~
101 Pa. 342 (1882), where the Pennsylvania Supreme Court again stated that a mortgagee was
not entitled to be a p~ in a partition action and could not prevent a partition among the co-
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tenants. Id. at 347. See also Seiders v. Gile~ 141 Pa. 93, 21 A. 514 (1891); Duke v. Hal!ue,
107 Pa. 57, 67 (1884) (mortgagees and lien creditors are not even entitled to notice of partition
action).
Furthermore, the Rules of Civil Procedure governing partition do not affect the prior
practice outlined above that firmly held that a mortgagee or a lien creditor was not entitled to be
a p~ to a partition action. Goodrich-Amram 2d ~ 1553:8, citinl! Klotz v. Kriel!er, 55 D &
C2d 656, 657 (Luzeme County, 1972). In Klotz, the Court of Common Pleas of Luzeme
County similarly dismissed the preliminary objections of the defendant that sought to join a
mortgagee as a necessary p~. The Klotz court cited to the 1882 Pennsylvania Supreme Court
decision in Stewart v. Allel!henv National Bank for its holding. "The mortgagee of an interest
in an individual estate has an encumbrance on the land but no estate in it; the mortgagee is not
entitled to be made a p~ to a proceeding for the partition thereof." Klotz v. Kriel!er, 55 D &
C2d 656, 657 (Luzeme County, 1972).
Plaintiffs' complaint clearly sets forth the interest of Keystone Financial Bank as a
mortgagee of the subject property. It is similarly clear that Keystone's interest in the property
does not rise to the level of a co-tenant and therefore Keystone cannot be made a p~ to the
action under the Pennsylvania Rules of Civil Procedure. These same rules govern the remedies
that Plaintiffs may seek in their partition action and the protection provided to mortgagees and
,.
lien holders. In accordance with Rules of Civil Procedure governing partition actions, Plaintiffs
requested in their Complaint that either the mortgage of Keystone Financial be equally
apportioned among the parties following partition, or that it be satisfied in the event the property
is ordered sold by this Court.
5
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Accordingly, under both the Pennsylvania Rules of Civil Procedure governing partition
actions, and prior practice as established by legislative statute and the Pennsylvania Supreme
Court, Plaintiffs did not fail to join a necessary party and Defendant's preliminary objection
should be dismissed.
IV. CONCLUSION
For the reasons set forth above, Plaintiffs respectfully request this Honorable Court to
dismiss Defendants' Preliminary Objection raising the issue of nonjoinder of a necessary p~,
and to direct Defendants to answer Plaintiffs' Complaint as pled.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
~X/.~
Roger Irwin, Esquire
Supreme Court I.D. No. 06282
Douglas G. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Plaintiffs,
Susan C. Jones, et al.
Date: December 1, 2000
6
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.
SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD: CUMBERLAND COUNTY, PENNSYLVANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
NO. 00-5585 CML TERM
v.
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Date: December 1,2000
IRWIN, McKNIGHT & HUGHES
MI.I,A--i/.~
~er, Esquire
Supreme Court LD. No. 83776 ,
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs,
Susan C. Jones, et al.
7
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SUSAN C. JONES and JOHN W. JONES, : CUMBERLAND COUNTY, PENNSYLVANIA
her husband, and R. BERNARD WEBER,
Plaintiffs
CIVIL ACTION - EQUITY
v.
: IN PARTICIPATION
GWENETH D. MONGELLI and
JOHN T. MONGELLI, her husband, and
DEREK A. MONGELLI : NO. 00-5585 CIVIL TERM
Defendants
ANSWER
AND NOW, this 12th day of January, 2001 comes the Defendants, Gweneth D. Mongelli,
John T. Mongelli and Derek A. Mongelli by and through their attorney, Karl E. Rominger,
Esquire and make the following Answer and New Matter in response to Plaintiff's Complaint and
aver as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied and strict proof of same is demanded at trial. By way of further answer, it is
averred that said real property has been dedicated for use of a Partnership and the deeded
interests does not represent the equitable interest of the Partners.
6. Denied and strict proof of the same is demanded at trial. By way of further answer, it
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is averred that said real property has been dedicated for use of a Partnership and the deeded
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interests does not represent the equitable interest ofthe Partners.
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7. Denied and strict proof of the same is demanded at trial. By way of further answer, it
is averred that said real property has been dedicated for use of a Partnership and the deeded
interests does not represent the equitable interest of the Partners.
8. Denied and strict proof of the same is demanded at trial. By way of further answer, it
is averred that said real property has been dedicated for use of a Partnership and deed interests
does not represent the equitable interest of the Partners.
9. Admitted in part and Denied in part. It is admitted that the land is deeded to the
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parties as tenants in common, but it is specifically denied that this is the true interest ofthe parties,
as the parties have dedicated the land to a Partnership with four (4) equal interests vested in each
husband and wife as a unit, and in R. Bernard Weber and Derek A. Mongelli as individuals.
10. Admitted.
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II. Admitted in so much as the Deed purports to say what it says, but it is denied that the
Deed is controlling in this matter and that the property is and has been dedicated and donated to a
common partnership amongst the individuals.
12. Admitted.
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14. Denied. By way of further answer, strict proof of the same is demanded at trial.
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15. Denied. The Partnership, Evelyn Estates has an interest both equitable and actual in
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16. Admitted.
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WHEREFORE, Defendants respectfully request that this Honorable Court deny Plaintiffs
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request and refuse to grant said Partition.
NEW MATTER
17. The Court does not have subject matter jurisdiction because the Plaintiffs have failed
to join Keystone Financial and/or its' successor in interest, M&T Bank.
18. The Court does not have subject matter jurisdiction over this claim because the
Plaintiffs have failed to join an essential p~, Evelyn Estates, the Partnership for which the land
is used for the benefit of, and because Evelyn Estates is a real p~ and interest whose rights may
be affected.
19. There is a pre-existing oral agreement amongst the parties to manage the property as
part of the Evelyn Estates Partnership.
20. Said oral agreement is an express bar to this Partition action.
WHEREFORE, Defendants respectfully requests that the Court enter judgment in their
favor and deny this Partition action.
Respectfully Submitted.
-- ~ '
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Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013-3222
(717) 241-6070
Supreme Court J.D. # 81924
Attorney for Defendants
Dated: January 12, 2001
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SUSAN C. JONES and JOHN W. JONES, CUMBERLAND COUNTY, PENNSYLVANIA
her husband, and R. BERNARD WEBER,
Plaintiffs
CIVIL ACTION - EQUITY
v.
IN PARTICIPATION
GWENETH D. MONGELLI and
JOHN T. MONGELLI, her husband, and
DEREK A. MONGELLI : NO. 00-5585 CIVIL TERM
Defendants
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Defendants Gweneth D. Mongelli, John T.
Mongelli and Derek A. Mongelli, do hereby certify that I this day served a copy ofthe Answer
and New Matter upon the following by placing the same in the mail, first class and addressed as
follows:
Irwin, McKnight and Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
Attorney for: Susan C. Jones,
John W. Jones, R. Bernard
Weber
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arl E. Rominger, Esquire
Attorney for Defendants
Dated: January 12,2001
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SUSAN C. JONES and JOHN W. JONES, CUMBERLAND COUNTY, PENNSYLVANIA
her husband, and R. BERNARD WEBER,
Plaintiffs
CIVIL ACTION - EQUITY
v.
IN PARTICIPATION
GWENETH D. MONGELLI and
JOHN T. MONGELLI, her husband, and
DEREK A. MONGELLI : NO. 00-5585 CIVIL TERM
Defendants
VERIFICATION
KARL E. ROMINGER, ESQUIRE, states that he is the attorney for, Defendants in this
action; that he makes this affidavit as attorney because he has sufficient knowledge or
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information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. g4904, relating to unsworn falsification to authorities.
Date: January 12,2001
Karl E. Rominger, Esquire
Attorney for Defendants
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYL VANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
v.
NO. 00-5585 CIVIL TERM
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GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
PLAINTIFFS' ANSWER TO DEFENDANTS'
NEW MATTER
AND NOW, this 22nd day of January, 2001, come the Plaintiffs, SUSAN C. JONES and
JOHN W. JONES, her husband, and R. BERNARD WEBER, by and through their attorneys,
Irwin, McKnight & Hughes, and makes the following Answer to the New Matter filed by
Defendants, GWENETH D. MONGELLI and JOHN T. MONGELLI, her husband, and
DEREK A. MONGELLI, averring as follows:
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The averments of fact contained in paragraph seventeen (17) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
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specifically denied and strict proof thereof is demanded at trial.
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The averments of fact contained in paragraph eighteen (18) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer,
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Evelyn Estates is not a co-tenant of the subject property and is not entitled to be a p~ to this
litigation.
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The averments of fact contained in paragraph nineteen (19) are denied as stated and strict
proof thereof is demanded at trial. By way of further answer, it is admitted that initially the
parties agreed to establish a partnership known as Eveyln Estates. It is specifically denied that
the parties agreed, either orally or in writing, to the organization, structure, or responsibilities of
said partnership. It is also specifically denied that said partnership is permissible in or relevant to
this Partition action.
20.
The averments of fact contained in paragraph twenty (20) are conclusions of law to which
no response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial. By way of further answer, the parties did not
agree, either orally or in writing, to the organization, structure, or responsibilities of said
partnership, and furthermore said partnership is not permitted in or relevant to this Partition
action.
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WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor of
the Plaintiffs and award Plaintiffs the relief requested in their Complaint.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
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Supreme Court J.D. No. 06282
Douglas G. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Plaintiffs,
Susan C. Jones, et al.
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYL VANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
v.
NO. 00-5585 CML TERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by fIrst class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
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Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
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Date: January 22,2001
IRWIN, McKNIGHT & HUGHES
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Douglas . Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs,
Susan C. Jones, et al.
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD : CUMBERLAND COUNTY, PENNSYL VANIA
WEBER,
Plaintiffs : CIVIL ACTION - EQUITY
v. : No. 00-5585 CIVIL TERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and : IN PARTITION
DEREK A. MONGELLI
Defendants
DEFENDANTS RESPONSE TO PETITION FOR HEARING
AND NOW, this l (-14, day of January, 2001, comes the Defendants, Gweneth D.
Mongelli, John T. Mongelli and Derek A. Mongelli by and through their attorney, Karl E.
Rominger, Esquire and files this Petition in opposition for a hearing and aver as follows:
I. Defendants have just received an answer to their New Matter at the same time they
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received a Petition for Hearing in the case.
2. Defendants intend to propound Interrogatories and possibly take Depositions.
3. At the very least, Defendants should be given a reasonable period oftime to
complete Discovery.
WHEREFORE, Defendants respectfully request that this Honorable Court not schedule a
hearing any sooner than one hundred twenty (120) days from today's date.
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Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendants
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SUSAN C. JONES and JOHN W.
JONES, her husband, and R. BERNARD
WEBER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
: CIVIL ACTION - EQUITY
v.
: No. 00-5585 CIVIL TERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI
Defendants
: IN PARTITION
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Defendants do hereby certify that I this day
served a copy of the Defendants Response to Petition for a Hearing upon the following by
depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania,
addressed as follows:
Douglas G. Miller
IRWIN, McKNIGHT & HUGHES
50 West Pomfret Street
Carlisle, P A 17013-3222
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Attorney for Defendants
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DAN SHIELDS AND
CONNIE SHIELDS,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -ATLAW
v.
NO. 2000 - 1629 CIVIL
ALBERT J. DEITCH,
Defendant
ORDER OF COURT
AND NOW, this _ day of
,2001, in consideration of the
foregoing petition,
, Esquire,
, Esquire and
, Esquire,
are appointed arbitrators in the above captioned action as prayed for.
By the Court:
J.
Distribution:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Mark Schwartz, Esquire
IRWIN, McKNIGHT & HUGES
50 West Pomfret Street
Carlisle, P A 17013
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DAN SHIELDS AND
CONNIE SHIELDS,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -ATLAW
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Defendant
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PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Karl E. Rominger, Esquire, counsel for the Plaintiffs in the above action, respectfully represents
that:
I. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is an unliquidated amount that is less than
the local arbitration limit.
The counterclaim of the Defendant in the action is less than the local arbitration
limits.
The following attorneys are interested in the case as counselor are otherwise disqualified to sit as
arbitrators: Karl E. Rominger, Esquire, Carlisle, PA, The firm ofIrwin, McKnight & Hughes,
Carlisle, P A.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
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/ Karl E. Rominger, Esquire
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DAN SHIELDS AND
CONNIE SHIELDS,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - AT LAW
v.
NO. 2000 - 1629 CIVIL
ALBERT J. DEITCH,
Defendant
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Plaintiffs Dan and Connie Shields, do hereby
certify that I this day served a copy of the Petition for Appointment of Arbitrators upon the
following by depositing same in the United States Mail, first class postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Mark D. Schwartz, Esquire
60 West Pomfret Street
Carlisle, P A 17013
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Karl E. Rominger, Esquire
Attorney for Petitioners
Dated: January 26, 2001
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SUSAN C. JONES,
JOHN W. JONES, and
R. BERNARD WEBER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - EQUITY
v.
:IN PARTITION
GWENETH D. MONGELLI,
JOHN T. MONGELLI, and
DEREK A. MONGE;LLI.
:NO. 00-5585 CIVIL TERM
NOTICE TO PLEAD
TO: Irwin, McKnight and Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
Attorney for:
Susan C. Jones,
John W. Jones,
R. Bernard Weber
You are hereby notified to file a written response to the enclosed Preliminary Objection
Raising Nonjoinder of a Necessary Party within twenty (20) days from service hereof Of a
judgment may be entered against you.
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ill # 81924
Attorney for Defendants
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SUSAN C. JONES,
JOHN W. JONES, and
R. BERNARD WEBER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - EQUITY
v.
:IN PARTITION
GWENETH D. MONGELLI,
JOHN T. MONGELLI, and
DEREK A. MONGELLI.
:NO. 00-5585 CIVIL TERM
DEFENDANTS' PRELIMINARY OBJECTION RAISING
NONJOINDER OF A NECESSARY PARTY
The defendants, Gweneth D. Mongelli, John T. Mongelli, and Derek A. Mongelli, by
their undersigned counsel, preliminarily object to plaintiff's complaint pursuant to Pa. RC.P.
1028(a)(5) as follows:
1. Plaintiffs' complaint requests a decree partition of real estate held as tenants in common.
A copy of the deed, attached to the complaint as Exhibit A, is attached hereto also as
Exhibit A.
2. Keystone Financial Bank, N.A., holds a mortgage lien on the said real property in the
principal amount of Five Hundred Sixty Thousand and nollOO ($560,000.00). A copy of
the deed, attached to the complaint as Exhibit B, is attached hereto also as Exhibit B.
3. Plaintiffs' complaint requests an equal division and allocation of the Keystone Financial
Bank, NA lien balance of the said mortgage between the parcels so apportioned to the
parties.
4. Keystone Financial Bank, NA has not joined the action as a party plaintiff
5. Pursuant to Pa. RC.P. 2227(a), the joinder of Keystone Financial Bank, NA in this
action was compulsory.
6, No reason appears in the complaint for the omission of Keystone Financial Bank, NA as
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a party to this action.
7. Keystone Financial Bank, NA is accordingly a necessary and indispensable party to this
action and its absence requires that the complaint be dismissed.
WHEREFORE, defendants respectfully request that their preliminary objection be sustained and
plaintiffs' complaint be dismissed.
Respectfully submitted,
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Karl E. Rominger '-..
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court J.D. 81924
Counsel for Defendants
Dated: September 11, 2000
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Tax Parffi!~DEH OF DEEDS
CUMBERLAND COUNTY - PA
EXECUTORS DEED
'99 RUG 2 PM 2 16
Made the 30th day' ofJuly in the year ni~e~ee~ hundred and ninety-nine (1999),
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Between THE EST ATE OF EVELYN M. WEBER alk/a EVELYN N. WEBER by
it's Executor, PNC Bank N.A. under the Last WII1 and Testament of Evelyn M.
Weber alk!a Evelyn N. Weber, Late of Upper Allen Township, Cumberland County,
Commonwealth of Pennsylvania, hereinafter called "Grantor"
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And SUSAN C. JONES and JOHN W.-JONES,herhusband, GWENETH D.
MONGELLI!lnd JOHN T. MdNGELJ,.I, her husband, DEREKA.- MONGELLI,
single man all of Cumberland Colli1ty, Pennsylvania; and R. BERNARD WEBER of
Boca Rotan, Florida, hereinafter called "Grantees" ,
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WHEREAS, E~elyn M. WeberWaEvelYh N. Weber died testate as to her whole estate,
a resident of Upper Allen Township, County ot"Cumberland, Pennsylvania on September
13, 1992,Ieaving a'Last WilIaiid Tesianient dated December 26,1991, which was duly
probated by the Register ofWij1So~CWnber1and CountY, Pennsylvania on September 22,
1992 ~dremidns of recoi-'dirl'siM'Orflce'bfRegisterof Wills in Estate File No.
766"' ..':. , , '-'r ',."'" '~'~'':;'~'"" "'," ,-.,.. .',- "
21-92- '..," ",' " ,,,',', t. . "".q, '.,"
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AND, PNC BaniCiN.A.qualifleii and is now acting'as'such fiduciary, and Letters remain
in full forceaiidunrevoked, '~:,.' "',' .', "f .'
c" . ~' ;
AND, the Te~iator, at the time of her 'death, was seized in her demesne in fee simple title
to a portion of the hereinafter'described real estate 'which was not specifically devised,
and which the Executor under the said LaSt Will has the authority to convey the subject
real estate at private sale to Grailtees," ,; 0 ,.,0.
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AND, the Executor desires to convey fee simple title and that the proceeds be distributed
according to the said will ana further to, pay the just debts, taxes and fees ,of the estate,
NOW, THIS INDENTURE WITNESSETH, that PNC Bank,'N.A., Executor of the
Estate of Evelyn M. Web~r aIkIa Evelyn N. Weber, deceased, by virtue of the Last Will
and Testament of the decedent, as well as by the power vested in her personal
representatives by the provisions of the Probate, Estates and Fiduciaries Code, 20 Pa.
C.S.A. Sections 3351, for and in consideration of Six Hundred Fifteen Thousand Dollars
($615,000.00), to it, in hand paid by"the said Grantees, at or before the sealing and .
delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained,
sold, released, and confirmed by these presents, and do grant, bargain, sell, release and
confino unto the Grantees, their heirs and assigns, according to the following respective
interests of each of them: that Susan C. Jones and John W. -Jones, her husband shall own
aOOK 205 PACE 33
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an undivided one-third interest therein as tenants by the entirreties, that Gweneth D.
Mongelli and John T. Mongelli, her husband, shall own an undivided one-sixth interest
therein as tenants by the entireties, that Derek A. Mongelli shall own an undivided
one-sixth interest therein, that R. Bernard ,W~b~r ~ha11 own an undivided one-third
interest therein and that the ,relation between..the Grantees ,of the respective undivided
'-"'" . ...,
interest shall be that oflenanls in coi:nlnon, the fo\1o~ing property::.::, "
~'"
ALL that certain tnict or p~el' ~r'Iand w.ithlmpr'ovClI\~nts thereon, situate in Monroe ..
Township and Upper Allen Township, Cwnberlarid County, Pennsylvania, bounded and
described as follows: .. ' .... ,.
BEGINNING at a point in the center of a public road leading from the Trindle Road,
Route 641, to the Williams Grove Road: thenCe by land now or fonnerly oES. J.
Vogelsong north 31' degrees east two hundred sixtY-six (266) feet to a post; thence by the
same south 88 degiees 30 minutes east one hundred ninety (190) feet to a post on the
banks of Trindle Spring ,Run:[!lienceby land now orfonnerly of George WerlZ;.and
crossing Trindle Spring RUt!; south.73 degrees 45 minutes' east one thousand five hundred
fifty-six and two-tenths (1,556.2) feet to a post at land of Frank Miller; thence by the said
Frank Miller south 12 degrees east two hundred forty-one and four-tenths (241.4) feet to
a post: thence by the same north 74,degrees ~aSt one hundred ninety-eight and one-tenth
(198.1) feet to a post; thence by;the same'north 65 'degrees east one thousand Jhree
hundred sixty-two (1,362) feet to'a post" i1t'comer of lands of the United States of
America; ,thence bY',said larni.oEthe United StateS of America and land of the May
brothers, south 22 degrees 45 minutes east ievenh\!lldr~ twenty-three and eight-tenths
(723.8) feet toa stake;.. therice by land of Paul HertZler ~uth 25 degrees west one hundred ..
forty-five (145) feet to a pin; thence by the same south 64 degrees east one hundred (100)
feet to a pin on the northern right of way line of the Williams Grove Road: thence by the
arc of the northern right of way line liftIii:WillitiIns Grove Road in an easterly direction
sixty (60) feet to a pin;therice cnissing'sald'road andillong the western line of the' Old
Williams Grove Road south 22 degrees 45 minutes east four hundred twenty-eight and
five-tenths (428.5) feet to a point; thence by land of Robert Miller south 72 degrees 15
minutes west three thousand one hundrCd sixty-two (3,162) feet to a point on'thecenter
line of the first above mentioned public road as located prior to the change of direCtion
occasioned by the conslroction of the Pennsylvania Turnpike; thence by the center line of
said road north 20 degrees 45 minutes west one thousand one hundred thirty-four (1,134)
feet to a point: thence by the same north 16 degrees west three hundred thirty-three and
three-tenths (333.3) feet to a point; thence by the same north 79 degrees west two
hundred thirty-five and ninety-five hundredths (235.95) feet to a point; thence by the
same north 7 degrees west, and crossing Trindle Springs Run, five hundred ten (510) feet
to a point, the place of BEGINNING. ..
EXCEPTING AND RESERVING THEREFROM, the following three tracts or parcels of
land:
aDDK 205 PACE 34
- '-~ - - .~~.- ',' ,.-, "'-~ .,., < -, '~"'---"-"",~'- ,-~--" ,~"
<<
"
I. Tract of land taken by the Mechanicsburg Area School District in Eminent
Domain proceedings, whlilh~racel!llii1gs il~pelit i6 Number 935, May Tenn, 1967, in the
Court of Common Pleas of Cumberland County, Pennsylvania. The land condemned is
described as follows: .... ,
ALL that certain tract of land situate in the Fifth Ward of the Borough of
Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded
and described as follows, to wit:, '
BEGINNING at a concrete monument 'at the comer of land of Frank B. Miller <at
end of Longmeadow Street as shown in the Plan of Lots of Frank B. Miller); thence along
said land of Frank B. Miller, north 64 degrees 39 minutes 40 seconds east 754.59 feet to a
point, thence along 'land of the Mechanicsburg .Atea School District and land of William
H. May, et aI., south 21 degrees 42minutes 10 seconds east 721.66 feet to a point; thence
along land of Paul H. Hertzler, south'25 degi-e~ ,,,4 minutes 40 seconds west 69.53 feet to
a point; thence along other land of Robert B.Weberand Evelyn N.Weber, his wife, south
73 degrees 36 minutes '48 'seconds' wes1791:S3 feet to a point: thence' continuing along
said other land ofRobert'B: Weber and Evely'ii'N. Weber, his wife; north 14 degrees 05
minutes 10 seconds'wes(65ii{t'e~t to itooncrete monument atthe comer of land of
Frank B, Miller, the placeofBEGINNING. 'COlitaining 12.974 acres ofland.
2. Lot Nwnber 1 on the Final Subdivision Plan of Lots for Robert Weber,
which Plan is recoi-ded in the Cwnberland County Recorder of Deeds Office in Plan Book
No. 27, Page 147, and which lot was conveyed to Richard E. Wise, Jr. and Nancy L. Wise
by Robert B. and Evelyn N. Welier, his wife, by deed dated June 28, 1976, and recorded
in the Cumberland County Recorder of Deeds Office in Deed Book 26-R, Page 112.
3. Lot Number 2 on' the Final Subdivision Plan of Lots for Robert Weber,
which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan
Book No. 27, Page 147.
,", ,;.~ r : " -: :.. ~
, '
.. BEING part oflhe same premi~~~ ~hi~hEInier K! Weaver ahd Mary A: Weaver, his
wife, by their deed dated June 5, 1954, and recorded in the Cumberland County Recorder
of Deeds Office in Deed Book'15-U';Page294,"granted and conveyed unto Robert B.
Weber and Evelyn N. Weber, his Wife, Robert B:Weber being the Grantor hereinabove. '
Evelyn N. Weber died September 13, 1992, lifter having been divorced from Robert B.
Weber on August 24, 1992., The divorce proceedings appear at Nwnber 4330 Civi11991,
in the Court of Common Pleas of Cumberland County, Pennsylvania, and the Estate of
Evelyn M. Weber aIkIa Evelyn N. Weber, is being administered pursuant to No.
21-92-766 in the Court of Common Pleas of Cumberland County, Pennsylvania,
Orphan's Court division. '
..--
BEING THE SAME property which Robert B. Weber by deed dated April I, 1994 and
recorded in the Office oflhe Recorder of Deeds in and for the, County of Cumberland in
BOOK: 205 PACE 35
\
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Deed Book 118. Page 485 granted and conveyed'to the Estate of Evelyn M. Weber, alkJa
Evelyn N. Weber, the Grantor herein.
AND the said Grantors hereby covenant and agree that the estate will warrant fiducially
the property hereby conveyed.
IN WITNESS WHEREOF, said grantor. by its Vice President, has hereunto set its hand
and seal the day and year first written above.
Signed 411d delivered ill tile presellce of
PNC BANK, N.A.
(SEAL)
S H. EST, SENIOR VICE PRESIDENT
The Estate of Evelyn M. Weber
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
, '
. . .,...... ,_:, . .
On this the 30th day of July, 1999, before me, a Notary Public hi and for the County of
Cumberland, Commonwealth 'ofPermsylvania, personally appeared JAMES H.' BEST.
VICE PRESIDENT OF PNC BANK, N.A;. the above named Executor of the Estate of
Evelyn M.Weber alkJa Evelyn N. Weber and ac~ow1edgedthe he had the authority to
execute the forgoing document on behalf of PNC Blmk and the'said Estate arid desired
the same to be recorded as such. " ' '.,
.. -,'
" '
IN WITNESS WHEREOF. I he~eunto set my hand and omcia(seal.'
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Notarlal Seal
K8r8~ Kay Buckley, NOlary Public
SOlllh Middleton TWIJ.. Cumberfand COllnly
My Commission Expires June 23. 2001
BOOK 205 PACE 36
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.
CERTIFICATION OF RESIDENCE
The address ofthe above named grantees:
162 N. Middlesex Road
Carlisle, PAl 0713
.rtt.<.t.~ I!<<.'/C/V"t<.I-' ~
<;",' ~.~.
Attorney, 0 the Grantees
.,
COMMONWEALTH OF PENNSYLVANIA
-. - :S9.
COUNTY OF CUMBERLAND,
;'11:.,. :
RECORDED on this~
day of {.}" <r
, 1999 iIi the Office of the Recorder'
-I _ ~
of Deeds in and for the County of Cumberland, Commonwealth ofPennsylvimia in Deed
Book ~O -: .' pag33
Givell ullder lilY "alld alld seal oft"e said office, tI,e date writtell above.
~
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800K 205 PAGE 3"1
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RECORDU'S USE ONL Y
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REAlty tMNSFEIt fAg
STATEMENT OF VALUE
...
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all uor"
B
TRANSFER DATA
GrQnl~tllllLlUorlll
Estate of Evelyn H. Weber
Slr..IAddnu
c/o PNC Bank; P.O. Box 308
Cily 51010
Camp Hill.. PA 17001-0308. .
Zip Cad"
ifY
Carlisle, PA
SIerte
Zip Cada
17013
C PROPERTY. LOCATION
Slreo' A dr.n 608 Williams Grove Road '
55 S1nclair Road
Co...nl'1 Cumberland 5c 00
Cumberland
ity. ownl (P. Boroug
Upper Allen Townsbip
Monroe Townsbi
TaA Orcl Numb.r 22-09-0541-001
22-09-0541-004
hlrltl
Hechanicaburg
Cumberland Valley
D VALUATION DATA
I. Acluall;;Olh Conlidllollon
2. Olh.r CORda.rollon
: +.'.'.',
5. C~mmon LI'...I Rallo fodor
X
3. Talal Conllallallon
=
l. CO\lnly Au,nla Value
,
E EXEMPTION DATA
10. AmouRI II ExlmpllclIl C olm.d
100%
b. fair Mcuk., Value
=
. Pllcenlogl II Inl.,... on,,"yo
100%
2, Check Approprlale Box S.low far Exemption Claimad
o wm., inf"fore su<<e"i.n ~ '0 ~ m.10~
N "',01 Dn,dl,,11
o Trans'e,..'o lndulfrial Developmen' Agency.
o TrQnll.~ 10 0 'rull. IAllo,h comple'. copy 01 ',u" agreemenl Identllyin9 oJ) benelic:lol'iu}
o Tlonsfer belwnn principal and ogenJ. fAnetb complele copy 01 0gencyl,'tDw pOlly ogreement.}
o lransfenlothl Commonweahh, Ihe Unlled 510lel and Inllromenlallllel by gih, dedlcal1an, condemnation or In lieu of condemnalion.
(II condemnallan or In lieu of candllmnolloh, attach copy of r810Iullon.)
.21. 9:<" 71.010
(EIlo" fil. Numb"l
o
o
o
fj
lransler from mor1gClgor 10 Q balder of a mortgage In delau.lI. Mortgage Book Numb.r
, Page Number
COrflcll'IG or confirmalory deed. (Allach complele copy of Ihe prior deed being correc:hjd or conflrmed.)
Slolulory corporale consondatton, merger or division. {Attach copy of artlcl...1
Olher (Please explain 8Xemplfon claimed, If other thon nlled above.) Through a series of transfers, the
Baehr Brothers rul1n2 would 4oplv. Siblfn2B to Bfbl1n2r
Undlf ponollle. allow, I d.clare Ihall hav. examIned Ihls Slalemllnl, Including accompanying Infarmallan, and la th. be..t af my knawlodgo
and b,II.I, II Is hu., carrect and campi. I.. ' .
Slgftolu,. 0 Corrllpon .nl or Ruporul y Dof.
'3 . ~K 205 PAGE 8Mf f
TTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL
FAILURE TO COMPLETE THIS FORM PROPERL
TO RECORD THE DEED. "
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. . .
RECOfillER OF DEEDS
CUMBERLAND COUNTY-PA
'SS'AUG 2' Ff'l 2 16
"
[Space Above Thb Un. For RetordIng Dalal
MORTGAGE
TillS MORTGAGE ('Security Instrument') is given on JULY 30th '
1999 . Tbe mortgagor is JOHN II JONES, and SUSAN C JONES, 'Husband and IIUe
JOHN T MONGELLI, and GIIENETH D MONGELLI, Husband and \lifa
DEREK A MONGELLI, Adult Individual
R BERNARD WEBER, Adult Individual
('Borrower"). This Security Instrument is given to KEYSTONE FINANCIAL
BANK, N .A. DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE ,which is organized and existing
under tbe laws of UNITED STATES OF AMERICA , and \Vbose address is
2270 ERIN COURT P.O. BOX 7628, LANCASTER, PA 17604.7628 ('Lender').
Borrower owes Lender the principal sum of
FIVE HUNDRED SIXTY THOUSAND AND NO/lOO
. Dollars (U.s. $ 560,000.00). This debt is evidenced by Borrower's note
dated tbe same date as this Security Instrument ('Note'), wbich provides for monthly payments, with the full debt, if not
paid earlier due and payable on AUGUST 1st, 2029 . This Security Instrument secures to
Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modUications of the Notej (b) the payment of all other sums. with interest, advanced under paragraph 7 to protect the
security oC this Security Instrument; and (c) the performance oC Borrower's covenants and agreements under this
Security Instrument and the Note~For this purpose, Borrower does hereby mortgagc, grant and convey to Lender ~e
following described property located in CUMBERLAND County, Pennsylvama:
'SEE ATTACHED LEGAL DESCRIPTION'
Pennsylvania
17055.7510
(Zip Cod.l
608 IIILLIAMS GROVE RD
[Street}
('Property Address');
MECHAIIICSBURG
(Oly)
which has the address of
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
appurtenances, and fixtures now or hereafter a part of thc property. AU replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Securi~ Instrument as the 'Property.'
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and bas the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the tiUe to the Property ngainst all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants (or national use and nonpuniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as foUows:
1. Payment.' PrIncipal and Interest; Prepayment and Lale.Chorges. Borrower shall promptly pay when due the
principal of and interest 011 the debt evidenced by the Notc and any prepayment aDd latc charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on tbe day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds') for: (a)
yearly taxes and assessments which may attaiJ:t priority over this Security Instrument as a lien aD the Property; (b) yearly
leasehold payments or ground rents 00 the Property, if any; (c) yearly hazard or property insurance premiums; (d)
yearly flood insurance premiums, if aoy; (e) yearly mortgage insurance premiums, if any; and (I) any sums payable by
Borrower to Lender, m accordance with the provisions of paragraph 8, in lieu of tbe payment of mortgage insurance
premiums. Thesc items arc caUed -Escrow Items" Lender may, at any time, coDect and hold Funds in an amount not to
exceed the maximum amount a lender Cor a federally related mortgage loan may require for Borrowers escrow account
under the federal Real Esta,te Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.c. f 2601
et seq. rRESP A -), unless another Jaw tbat applies to tbe Funds sets a lesser Bnlount. If so, Lender may, at any time,
collect and hold Funds in an amount not to exceed tbe lesser amount. Lender may estimate the amount of Funds due
on tbe basis oC CUrrent data and reasonable estimates oC expenditures o( future Escrow Items or othenvise in
accordance with applicable law. .
PENNSYL V ANlA -Single Family.FaMle Mae/Freddie Mat UNIFORM INSfRUMENT
A1l1PAoa 11U:tl63
Loan ID: 00072274
Fonn 303' 9/1J0 (page J 0/5 pages)
800K1561PAGE .458
,'~ .
----,-",-
,
, , .
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. (including Lender. if Lender is s~ch ~.~~tit~ti~~)~r 1;r~y'F~~r~TH~;~~~ ~ank. Lender shall apply tbe F?Dds to
pay tbe Escrow Item.. Lender may not cbarge Borrower tor bolding and applymg tbe Funds, annually """!}'ZlIlg tb.
escrow account, or verifying tbe Escrow Items, unless Lender pays Bort'ower interest on the Funds ~d applicable Jaw
permits Lender to make such a charge. Howe~r"Le~der may require Borrower to pay a ODC.t~c "barge !o~ an
independent real estate tax reporting service used by Lender in connection with this Joan, unless appU~blc law p~oVldes
otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender sball Dot be rcquucd to
pay Borrower any interes.t or ea.rntngs on ~hc Funds. Borrow:, and Lender may agree in wri~g. however. that intcr~st
sball be paid aD tbe Funds. Lender shall gIVe to Borrower, WJlhout charge, an annual accouocmg oC the Funds, shOWIng
cr.dits and d.bil. to Ibe Fund. and tb. purpose for which eacb d.bil to the Funds was made. Th. Fund. are pledg.d as
additional security Cor all sums secured by chis Security Instrument. :", '. ." .
U the Funds b.ld by Lender exceed tb. amounts permitted to be b.ld by applicable law, Lend.r .ballaccount 10
Borrower for the excc.. Fund. in accordance witb tb. requirem.nt. of applicabl. law. If tbe amount of th. Funds beld
by Lend.r al any tim. is not suffici.ot to pay the Escrow It.ms wb.o due, Lender may so notify Borrower in writing,
and, in such case Borrower shall pay to L:ender the am_owit nccessary t~ mak~ up the dcficiency. Borrower shall roue
up the deficiency in no more than twelve monthly payments, at Lender's osole discretion...... ~.. "".;,' ..' {, .'..
Upon paym.nt in full ,of all sums' s.cur.d by tbls S..urity IDSlrwo.nt, Lead.... sball promptly r.fund to Borrower
any Funds beld by,Lend.r. If, und.rparagraph 21;LCnd.i sballacquir. ors.ll"th.'Prop.rty,Lcoder..prior to tb.
, acqui.ition or ..iJ. of tbe'.l~iop.rty, .ball apply,any ,FUndS hcld'by'Lender at tb. time of acquisition or .a1... a credit
againstthc5umssccuredbj_this~ccuritylnstrument,_".j-:, '_,:::H_,":"'''' . '. d. '_, ,',: .'::'..;l:h.!....:.--, ..,O'I~:'" ,'':
3. AppUcatlon of Payments. Unless applicable law"proVides- otherwise, all payments received by Lender under
paragraphs 1 and 2 sball b. appli.d; flfSl, to any pr.paym.nt cbarg.. due und.r tb. Not.; .econd, to amounl. payable
under paragrapb 2;' third, io int.r.st due; fourth; to 'princip.iJ du.; and I..t, to any lat. charges due und.r tb. Not..
4. Charge.; Liens: Borrow.r sball pay all taxes; a..i:.SSin.nt.;' charges, ,Iio..' and impositiODS attrlQutabl. to tb.
, Prop.rty whicb may attain priority ov.r this .s..urity IDStrwo.nt, and I....bold paym.nts or ground r.nts, if any.
Borrower.ball pay the.eoblig'atioDS in the' Inw.rproVid.d in 'paragrapb 2;"or if not paid In that mann.r, Borrower
.ball pay th.in on !ini. dir..t1y.!o the p.rson' owed pay.,e'nt;CBorrower .ball promptly furnish to Lend.r all notices of
, amounts to, be paid und.r this paragraph. I! Borrower mak.s tb.s. paym.nt.dir.ctly, Borrow.r .hall promptly furnish
toLeDdcrre_cciptSevidcn:clng'thcpaymcnt.s:~":\;;~ (l: u:i:....,t...;,~ ;'-\..,,' o. . L:, -'1$:' L'~"~.<'I'" ;v.,<~,u: ','. :r:"'
, Borrower shall promptly di.cbarge any U.n which bas prioritY over this Sccurity'In.tniui.nt'un!eSsBorrower: (a)
agr..s in writing to tbe paym.nl of tb. obligation s.cur.d by tb. li.n in a mann.r acceptabl. to Lend.r; (b) conl..I. in
good faith tbe lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the liODi or (c) secures from the holder of the lien. an agreement satisfactory to
Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject
to a lien which may attain priority ove~ this Security Instrument, Lender may give Borrower a notice identifying the lien.
Borrow.r sball sati.fy th.li.n or take on. or mar. of the action. ..t fortb above within 10 days 'of tb. giving of notice.
~ s. Hazard or Property Insurance. Borrower-'shall keep the improvements' noW existing or hereafter erected on the
Property insur.d against 10.. by flf., bazard. includ.d within the t.rm "extend.d coverage" and any otb.r hazards,
including floods or flooding. Cor which Lender requires insurance. This insurance sball be maintained in the amounts
and for the periods tbat Len~eI:. rcquircs.,_"~'hc ~urance.carricr. providing tbe insurance shall be chosen by Borrower
subj.ct to Lcoder's approval whi.h sball not be Unr.asonably withh.ld.If Borrower fails to maintain coverage descn'b.d
above, Lender may, at Lender's option, obtain covcrage to protect Lender's rights in the Propcrty in' accordance with
paragrapb 7. " ' ' ,,:' ' " , ' ' " '
All insurance polid.sand r.n.wal. sball b. acceptabl.to Lend.r and .ball,includ. a.tandard mortgage cla....
Lender ,shall have.,the right ~to hold ,the policics and renewals. If Lender requires, Borrower shall promptly give to
Lender all receipts of pai4 piem_iums and renewal notices. In the ,cvent of loss, Borrower ,shaD give prompt ,Dotice to the
, insurance carrier ind Lender~ '~Ddei niay niake :pr~~f orless if ilot made 'promptly by Borrower. , . t'.. ,.~,~;t, :';,
. <, Unless Lender and ,Borrower otherwise agree in ''writiD&' insurance' proceeds shall be' applied to' rcstoration or
r.pair of tboiProp.rty, aamag.d, if tbo restoratioD" or"iepair i.cconomically fea.ibl. 'and Leader's s.curity is not
lessened. If the restoration, or repair is 110t economically feasible -or Lender's security would_ be lesseDed, the insurance
proceeds shall be applied to'the sums securedby this Secwity Instrument, whether or Dot then. due, with any excess paid
to Borrower. If Borrower abandons the Property, 'or-docs Dot answer within 30 days a DOUce Crom Lender that the
insurance carricr has offered to - settle a claim,. then ~Dde~ may coUect- the insurance proceeds. Lender may use the
. proceeds to repair or restore' tbe Property or to: pay sums secured by this Secwity Instrumcnt, whether or not tben due.
Tb. 30,d~y p.riod will begin'wb.n tb. notice is giv.n. "
. Unless Lender and Borrower otberWise agree in wdting, any application of proceeds to principal sball not extend
or postpone the due date of the monthly payments referred to in paragraphs 1, and 2 or change the amount of the
payments. If under paragraph 21 the Property is acquired by _Lender, Borrower's right to any insurance policies and
proceeds resulting Crom. damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition. .
6. Occupancy, PreservatloD, Maintenance and Protection or tbe Properly; Borrower's Loan Appllcatlonj
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residencc within sixty days
after tbe execution of this Security Instrument and shall continue. to occupy the Property as Borrower's principal
residence for at least one year after tbe date of occupancy, unless Lendcr otherwise agrees in writing, which consent
shall not be unreasonably withheld, or ~Iess extenuating circumstances cxist which arc beyond Borrower's control.
Borrower shall not destroy, damage or impair the Prope..ty, allow the Property to deteriorate, or commit waste on tbe
Prup.rty. Borrow.r shall b. in d.fault if any forfeiture action or proc..ding, wh.th.r civil or criminal, i. begun Ihat in
Lend.r's good failb judgm.nt could r.snlt in forf.itur. of tb. Prop.rty or otb.rwi.e mat.rially impair tbe li.n cr.ated
by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in
paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower', interest in tbe Property or otber material impairment of tbe lien'
created by this Security Inslrument or Lender's security interest. Borrower shall also be in default if Borrower, during
the loan application process, gave materially false or inaccurate information or statements -to Lender (or failed to
~ro~de Lender with a~y material ~ormatjon) in connection with the loan evidenced by the Note, including, but not
lmuted to, represenlal10ns concernmg Borrower's occupancy of the Property as a principal residcnce. If this Security
Instrument is on a leasehold, Borrower sban comply with aU the provisions of tbe lease. If Borrower acquires fee litle to
tbe Property, the leasehold and the Cee title shall not merge unless Lender agrees to tbe merger in writing.
AUlI'A032j9IZlM
Fonn 3039 9190 (pagdo{5poges)
.BOox1561 PAGE, 459
LOAN ID; 00072274
~f:"'f!"r'1 '~" < -
"1' 1",,~"~~P1l""1'I''I!I!'!!!'!'I''''
,~ -11II
....._",
_..~
... ..............-... --.-...... .. __D.n..._ ....... '''i'''''V' .." _...;....>"'. ~....... ... r-'.---- ---- -- - -
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Leader's rights l.n the
Property (such as a proceeding 10. bankruptcy, probate, for condemnation or forfeiture or to enforce laws ,or
regulatioDs)1 then Lender may do and pay Cor whatever is necessary to protect the value of the Property and Lender's
rights in tbe Property. Lender's actions may include f1a~g"an:.1 sums secured by a lien which has priority o,yer ~}ll;
~ - SeCltrity Instrumentl appearing in courtl paying reasonable attorneys' fees and entering on the Property to make repaus.
Although Lender may lak",clion under this paragraph 7, Lender does not haye to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become addilional debt of Borrnwer secured by
this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts sball bear
interest from the date of disbursement at tbe Note rate and shall be payable, witb interest. upon notice from Lender to
Borrower requesting payment. '
8. Mortgage Insurance. II Lender required mortgage insurance as a condition oC making the loan secured by this
Security Instrument, Borrower shall pay tbe premiums required to maintain the mortgage insurance in effect. If, Cor any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to tbe mortgage insurance previously in cffect, at a cost
substantially equivalcnt to the cost to Borrower of the mortgage insurance previously in effect, from an alternate, ~
mortgage insurer approved by Lender. If substantially ,equivalent mortgage , insurance coverage is Dot available,
Borrower shall pay to Lender each month a sum equal to one.twelfth oC the yearly mortgage insurance premium being '.',.
paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and, !etain these
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be reqUIred, at the
option of Lender, if mortgage insurance coverage (in the amount and Cor the period that Lender requir~) provided by
an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to
maintain mortgage insurance in effect. or to provide a loss reserve, until the requirement for mortgage insurance ~nds
inaccordancewithanywrittenagreementbetweenBC?rrowerandLend~,orapplicablelaw." " ' _, ~ _ ,'. ,."
9. Inspection. ,tender' or its agent m:ay make reasonable entries upon and inspections' of the' Propcrty;l.e~der
shall give Borrower notice at the tim_e oC or prior to an, inspection specifying reasonable cause for the inspection. ~'.,. "_~,, ,_,
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in cO~ectioi:i;wi~ .
any condemnation or other taking of any.part of the Property, or for conveyance in,lieu of condemn'atioD, are hc~eby
assigned and shall be paid to Lender: :.. ,....,..: ", .: .~ ,""'. "....,...':.. .-
In the eVent tif a total taking of Ihe Property, the proceeds shall be' applied to' the sums secured by tbis Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the, Property
in which the fair market value of the Property immediately before the taking is equal to or greater than: the amount of
the sums secured by this Security Instrument immediately before the taking. unless Borrower and Lender otherwise
agree in writing,: the' sums secured by' this Security Instrumeot shall be reduced by the amount of the proceeds
multiplied by the follnwing fraction: (a) the t.otal amount of the sums secured immediately before the taking, divided by
(b) the fair maiker..lueof the Property immediately befoic the taking:'Any balance'shall be paid to Borrower; In the ",-
eyent of a partial taking of the Property in which the fair market value of the Property immediately before the taking is '. ".
less than the amount of the sum:s secured immediately before the taking, unless Borrpwer and Lender otherwise agree j
in writing or unless applicable law otherwise provides;' the prnceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are tbendue:~-+;i1,::;. ~~~""i_:' , :', "~"., '.,:'i\" :_I_:i.;;,~i- '),;p-' '. "'-;.' ! -.t\:~--:i~~~:;: }(<it ,-.,(\.~,_j"I'/!
If the Property is' abandoned by'Borrower, or if,'!.rter nntice by !.ender to BnrroWer that the ";o'demno; offers to ..,
make an award or settle a claim for'.damagcs,'Borrower fails 10 respond to Lender.Within 30 days alter the date the,
nnlice is giyen, Lender. is autborized to collect and apply the proceeds, at its bplio", either to restoration or repair of the i,' --
Property or 10 the sums seeured by this Security InStrument, whether or not then due., '. . . ,',
Unless Lender and ~orrower otherwiseagree)nwriting, any application of proceeds to principal shall not.extend .
or postpone the d~e. date of lbe mnnlhiy pa~~~ts Je[~rred to. in p:",~grapbs ,1 and 2 or change the amount~f such'..'
payments. - '-;' ,'-~;.'r -:"::/'-', "'''' " t, ;., ,'-1" .;,..'!" ;'!"~(t... ~,,'" -', ,. ,.,_".:. >- ,~ "-:.: ,;.' .: ",'. ,,, . " ~';t';'';,~ - " ".
.11. ~o~ower)~ot}~.e~wed; F~.~be~~~ce "Bi ~D~er;Not a Waiver; )~xtensio~' / of the time. :"for :'~. paYmeiit" ,~pr <:'
~odificahOD oC amort~tion of tht?,s~ms,~ecure4i~_thlS..Securjty Instrument granted by Lender to any successor in
mterest of Borrower 'shall not pperate to, felease the liability of the original BorrQwer fJr Borrower's successors in
interest. Lender shall 'not be required to commence proceedings against any successor in interest or refuse to exteod
time Cor payment or o~heiwise modify amortization 'of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrowe_r's_suCCC$Sors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude-the exerCise of anynght or remedy. .." "
12. Successors and Assigns Bound; Joint Bnd Several Uablllty; Co-sIgners. The covenants and agreements 'of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions
of paragraph 17. Borr.owerls covenants and agreements shall be joint and several. Any Borrower who co-signs this
Security Instrument but does not execute the Note: (a) is co.signing this Security Instrument only to mortgage, grant
and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and aDY other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note witbout that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a" law which sets maximum loan
charges, and that law is fmally interpreted so that the interest or other loan charges coUected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to tbe permitted limit; and (b) any sums already coUected from Bottowcr which
ex~ee.ded permitted limits will be refun~ed to ,Borrower. Lender may choose to make this refund by reducing die
prmClpal owed under the Note or by making a dIrect payment to Borrower. If a refund reduces principal the reduction
will be trealed as a parlial prepayment without any prepayment charge under the Note. .
. .14. .NoUces. Any ooli~ to Borrow.er provided for. in tbis Security Instrument shall be giyen by delivering it or by
mailing It by frrst class mall unless applicable law reqwres use of another method. The notice shall be directed to the
Property Ad~ess or any other address Borrower designates by notice to Lender. Any Douce to Lender shaD be giVCD by
ftrs~ class ~ail to ~ode:'s addr~ss stated herein or any other address Lender designates by notice to Borrowcr~ AJ1y
notice prOVided for 10 this Security Instrument shall be deemed to have been given to Borrower or Lender when given
8S provided in this paragraph. .
ALHI'AG42f'j1l%l6:l
Fom 303\1 9190 (page J OfSpQges}
BoodSS1PAGE .460
LOAN IO: 00072274
,,-,..,.
"'-""n' '--~F',""'~-.
y,:," ~r~ r'l'; ~1!'::,!!!rlf'll''f!' 1'" !fn: ~ 1~!pr!"'~11'1~,-' (, _
Lr'_
~, " --,~, "'"" ~'" ,",-" ',1' " _,~"
; _' . ,~. _. __:.-_ '. ..:;.._ .._ 0............. "', ............. no."" GUY lU1;O 101"" UI IU1;O
jurisdiction in which the Property is located. In the event that any provision or clause o! this Security Instrument or the
Note conflicts with applicable law, such conflict shaU not alfect other provisions 01 this Security Instrument or the Note
which can be given effect without the c:oolUcdng provision. To tlUs end the provisions of this Security lnstru~ent and
the Note are declared to be severable. . t II . II-.. .. ,
16. Borrower's Copy. Borrower shall be given one conformed copy of the Notc and of this Security Instrument.
17. Transfer of the Property ora Beneficial lute.rest In Borrower. If all or any part oftha Property or any mterest
in it is sold or transferred (or if a beneficial interest in Borro,wcr is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may,l\l its optioD, require immediate payment in fun of all sums
secured by this Security Instrument. However, this option sball not be exercised by Lender if exercise is probibited by
federal lawas of the date of tbis Securitylnstroment. >,' ," :, " '
If Lender exercises [his optioal Lender sball give Borrower notice of acceleration. Thc DOtice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay'thesc sums prior to the expiration of this period. Lender
may invoke any remedies permitted by this Security Instrument without further Dotice or demand aD Borrower.
. ,18. Borrowers Right to Retnstate. ,If Borrower meets cettain 'conditions) Bonowet sball have the right to have
enforcement of this Security Instrument discontinued at'imY time priono the earlier 01: (a) 5 days (or such other
period as applicable law may specify lor'reinstatemenlj"befor. sale'o! the Properlypursuanllo any power of sale
, contained in this Security Instrument; or (b) cntry of Ii judgDicn'C;'erifor'cing this Security Instrumcnt. Those conditions
are that Borrower: (a) pays teilder all sums which iheii'\vouJd bcfaue"'under this'Security Instrument and the Note as if
no acceleration had occurred; (b) cures' aily default of any other covenants or agreements; (el payS an expenses incurred
in enforcing this Security Instrumentl includin& but not limited to, reasonable attorneys' fecsj and (d) takes such action
as Lender may reasonably ,require: to asSure ,that the lien' of this seCurity Instrument, Leudet's'rights in the Property and
Borrower's obligation 'to.,; pay 'the; sums secure( by' this 'Security, Instrument -' shall continue ."unchanged. Upon
reinstatement by Boftowci; this SecUrity lriSlr11ment imd" the obligatiotls..secured bereby sbl.U remain'. fully effective as jf
no aCceleration had occurred.,I;How~'Vcr~: ~his right, to': reinstatc, ~ball-, not' apply 'in .the, Case' .of acceleration unc'~er
par~graph, q. ' " '. ,;, . ....,: ~ '<'1-:' .,~,~ >. "r>'~ ,~p ",Ii ".~'~,:;. ';.~:\,,~;:'.: / ;;,:.':~~., ~','~~; ... ,::~:' .,"~: : '. .,; '.:,:~.~~'~:,~.; : '",. "_ ~ :."
, ,', 19. Sale of Note; Change of LOan Semcer. ' The' Note'oia 'partial interest in theNote' (together with this Security
Imtrimient) riJay be sold one 'or more tiDIes Without prior notice, to .Borrower: A,sale may result iD.a change in the
entity (known as the 'Loan SemcOr') that coUects monthly'payments:due under Ihe Note and this Security Insltl,ment.
There. also may be onc'or more ch3l1ges ohhe Loan Servicer unrelated to a sale ofthc.Notc.1f there is a chang'~: oftbe
Loan Servicer, Borrower. will.,be. given, wrinen notice 'of the change, in accordance _ with paragraph 14 abr Ive and
applicable law. The notice y.ill state the name and address ofilic new Loan Serviccr and the address to which rayments
shouid be made. Tbe notice wilfatso cootaiJ1 any otber information required by applicable Jaw~ ~,.',.'.:.,. .', ,:
, .20. Hazardous Substances. "BorroWer s~alI not cause :or ,permit the presence, use, disposal, storage, or " 'eleue of
any Hazardous Substances on or' in the Property. Borrower.shall not"do, nor allow anyone.else to do, anytbia':: affecting
the Property that is in violation of aily Environmental Lliw..The preceding two senteoteS shall not apply to Ih.', presence,
u~e, :or storage OD ~be Property of small qu~titieS 'of ~Hazardous.'Substances that .arc gc.nerally,recogJ;ized 10 be
appropriate to normal rcsi~eDti!JI uses and t~ mainteDiri~-br.the P~operty. ;"'. " '
, Borrower shaD promptly gi\le Lcnder'~itten noticc:of,aity inve~tiga.tionl claiInl demandllawsuit or ot':ler action by
any governmental or regulatory ';agericy 'or ~private parry ',involvUig the. Property. and . any 'Hazardous S uustnnce or
Environmental Law of which Borrower has actual knowledgc.:[( Borrower learnsl'or is notified by any gr-;vernmental or
: regulatory authority) that:anY' removal or..other remediation o(any'Hazardous Substance affecting ~he Property is
neceSsary, Borrower shall promptly take 'all necessary remedial actioDs in' accordance with Enwonmcntl'! law.
,As used in this' paragraph '201 :' -Hazardous Substance's. ,;arc- 'lhose substances::: defined' as tOXIC or bazardous
substances by Environmental Law 'and the fonowing substances: gasoline, kerosene, otber flammable or toxic petroleum
productsl toxic pesticides and. herbicides,' volatile 'solvents, ~ materials containing: asbestos ,or (nrmaldehyde, and
radioactive materials. As used in this~ paragraph 20, :".EnYironmeatal Law" means federal laws: and Jaws of the
jurisdiction where the Property is located tbat reJate to bealth, safety or enVironmental protection.
NON-UNIFORM COVENANTS. Bnrrower and Londer further coVenant and agree as follows:
21. Acceleration; RemedIes. under shall gIve notice "to Borrower prior to Bc<::eteratlon' to ~wlng Borrower's
breach oC Bny covenant or agreement In this Security Inslnunent (but' not prior to 8';l:c1erutlon 1, paragrapb 17
unless appUcable law provides otherwise). Lender sball notify Borrower of, among otber things: - '~ deCaultj (b)
the acUon required to cure the deCaulti (c) when the default must be cured; and Cd) that failure t'J ,; ,i.. .be default as
specified may result In acceleraUoD of the sums secured by this Security Instnment, Coreclosure by judicial
proceeding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration
and the right to assert In the foreclosure proceedlnlJ the oon-exlstence of a defuult or aoy otber deCense of Borrower to
acceleration and foreclosure. If the deCault Is not cured as specified, Lender at Its option may require Immediate
payment In CUll of all sums secured by tbls Security IDstnament without furtber demand and may foreclose tbls
Security Instrument by Judidal praceedlng. Lender sban be eutltled to coUed aU expenses Incurred in pursuing the
remedies provided In tbls paragrapb 21, InclUding, but not limited tOI attorneys' fees and costs oC title evidence to the
extenl permllted by appllcnblelaw. '
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the
estate conveyed shall terminate and become void. After such occurrence, Lender ~hall discharge and satisfy this Security
Inslrument without charge to Borrower. Borrower shaU pay any recordation cosls.
23. \Vaivers. Borrower, to the extent permitted by applicable Jaw, waives and releases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit or any present or future laws providing
for stay of executioD, extension of time, exemption from attachment, levy and sal~ and homestead exemption.
14. Reinstatement Period. Borrower's. time to reinstate provided in paragraph 18 sbaD extend to ODe bour prior to
tbe Commencement of biddirig at a sheriff's sale or other sale pursuant to this Security Instrument. .
25. PurchAse Money Mortg,~ge. If any of the debt' secured by this Security Instrument is lent 10 Borrower to
acquire title to the Propertyl this Security Instrument shall be a purchase money mortgage.
ALBPAo:I2/PI2J66
BooK1561 PACt .461
Form 363'. '1'0 (page 4 o/Spagu)
LOAN lD: 00072274
,,\, ~ ,.",.. -.,"llr~'" .,...r=; ".,"'t"", ~ "','" ""'0,'
".... ......n..... ... O&M' ....._....-.... -".-CoooO'" .......-......_... ..-- -.. ...... .__... rooJ---- ---- --- -- .--- ----. .-- -.....-.
27. RIders to tbls Se.urity IDstMlmeDL If ODe or more riders arc ....uted by Borrower and r.corded togetber
witb this Se.urit)' IDstrument, tbe .ovenant.! and agreements of ea.b su.b rider sball be in.orporated into and sball
amend aDd supplement the covenants and agreements of this Se.urity Instrument as if the rider(s) were a part of this
~e.vriry I'!slrument. [Check applicable box(es)] . , . , , ~
o Adjuslable Rate Rider
o Graduated Payment Rider
o Balloon Rider
o Condominium Rider
1:91-4 Family Rider
o Biweekly Payment Rider
o Se.ond Ham. Rider
o Planned Unit Development Rider
o Rate Improvement Rider
o Other(s) [spe.iCy]
BY SIGNING BELOW, Borrower a..epts and agrees to tho terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
~cL
"J&1P ,---
]lIAP 11 . t ~ iLl
/ SUSAN C JONES
~ifJ4/L
T M NG I
(Seal)
-Borrower
(Seal)
.Borrower
~/d~
EK A MONG~LLI U
~~~.~
(Seal)
-Borrower
9"(',f1. e. tluJ 7Jw~ (Seal)
G\lENETH D MONGELLI -Borrower
tSpBce Below ThIs Une For Acknowtedgmenl]
COMMONWEALTH OF PENNSYLVANiA,
CUMBERLAllD
County 55:
On this, the 30III day of JULY '~999 ,before me, A NOrARY PUBLIC
the undersigned officer, personally appeared
JOBH tl JONES, SUSAN C. JONES, BIS VUE; JOHN T MONGELLI AND GWENDDI D MONGELLI, HIS tllFB;
DEREIt A HONGELloI A/lD R BBRNARD WEBER
known to me (or satisfa.torily proven) to be the persoo(s) whose name~ is/are subs.ribed to the within instrument
and acknowledged that Ii!JllU/they executed the same for the purposes herein cootained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires:
/l(J
Nolarlal Seal
Roger B. Irwin. ,~o'~'l:,!!.o"c
CarllsTe Bora. Cumberland Counly
My Commission Expires Oct. 3. 2000
Member. Pennsylvania Assoclallon 01 Notaries
'3.~
TIUcorOfficcr
^l.P.P....~1!9In61
8oodSG1 PAGE '462
Form 3039 9/90 (page5o/5pages)
I. "Ii ~
It
I, MARGE BILINSKI
.. ... W II.
.. , ~
. DO HEREBY CERTIFY THAT THE CORREcr
ADDRESS OF THE WITHIN NAMED LENDER IS KEYSTONE FINANCIAL MORTGAGE
2270 ERIN COURT P.O. BOX 7628, LANCASTER, PA 17604-7628.
KFMKFDL(Jw)12J9l'906 .
,"",0,
Witn... my hand this 30th day of JULY
, 1999
. MMor- 8 UN,\.()jb
Agent of Lender .
",-,.
,Bo0K156iPAGE .463
\
LOAN ID: ,00072274
~
. .'
" <<.. .J;
ALL Ih.11 ~er1::1i(1 Iral:l ',r pat!':cl of larulliluAIC in Mnn..Qc Town~hil' Ilml llrrur Allen
Township. CUnlbcrl3.nd C'oumy.I'cnlls}"I\';luia.. tHlllR~~aM(_ri~ Il$ fullow:i:
lICG1NNINO 41 4 pIlinl In UI~ c:cnl:r u( a public Nad leading born IhL: 1rinlllc Road.
Rouu: b41. 10,) ,lie WilliaIM f.m..... Kond; !bellec by 1lll'ld nQW or fonnerl)' of S. J.
\'C1~chiunuiPnh Jt dCBn:c1 c:!.SIIWQ hundred Shll)"fix (2ti6) feci to a post; thence b}'lllc
same wuth sa dcsrccs JO minules C3.'1 one hwIdrc1.l mnely (\90) (c:lln a pUSI nil Ihe
blUlks of Tnndl.: Sprin;& Run; 1henee by land DO\\' or fonnerly oC G.:ortc Wertr", lUld
cronlng Triodh: Spons Run, SDUlb 13 dcl,'fCC3 "', minutes WI one thousand Iiy~ hundred
fiftv.thllUld rwu-lenlh, (t.5S6.:!) fO*IIO" poll d., lOll.! offmnk Milkr. thence by the said
Fr~k. Miller soulh l:l dcFCS ~IIWO hwu1rcd. fony.one and rour.lenths (241.4) fcet I"
I posc' thmce by the same nalth 74 dcgces eat CIne hW1drcd ninery-eight ami OIlliHcnlh
119&.1') (ccl 10 a pOSI; Ihence b~' the: same nonh.65 .degrecs coast one Ihousand tbree.
hundred sil':ty.~.o (1,362) (\lei 10 a pust at comer flr lands of lhe Unilttl StiUCS 01
Anleria' th~ne'/l by saId land of 11Ie- '.lulled Slat~ or America and land of Ihe Mar
brothers: SC\uth 22 dc-gm::s J.S Ulll\ulcs c3Sl Sl:\'en hundred twenty-Ihme nnd ci~hl'lcnlh"
Ii:!J .8) (eet In a st3ke; Ihe-nce b)' hmd or Paul a..mb:r SQUill 2S degn:cs west qne hundred
{l'rt'Y.(ive{ t4S., fcet 10 ll. rin'; thence by tbe S3DlC south 64 degrees c:I.'it tlm: hundred (00)
[c:c 10 . pin on Ihe norOlem righl ofw")' line otlhc WIlUul1s Cirovc: Road; thcm:;~ by the
~I': of Ihe northl:'m fisht (Ie ......y 1iD.C' of the Willlcm, Grove Road in an cao'nerl)' dln:c:hon
~ixl)' (60) fed 10 a pin; thence erossinl nid road and along Ihe western line I)r the Old
Williams Grove Road $Outh 22 degrees 45 minules cas' Cour hundred nvent)'-eighl nnd
Ove-tenlhs (428.5) feello .. point; Wi;QC: b)' IUld or R.oben hUller SOUl,1t 72 dE:gJecs lS
minutes weSI three thnlJ:WId one huoc1mJ sltry.two 13,1(j~} re:t to a pOIRI on the center
II",: or lhe fU'llt &hoye mtnc.ioned pldJlic road = loc:ued prior &0 !be: cb;m~c or dl~lon
oeusionetl bv the conslruclion o( the PeDIlS)'lvani:a Tumpikeo Ihem:e b)'lhc Calter' hne or
said raid n~ 20 degrt~ 4S minutes \locsl one Ihausomd onu bUDdled thirty-iour (1.1341
(celio :a pomt; Ihence by thc 5W1C nonh Iii d:b'T'CCS west three hundred lhin)'-Ihrcc and
I~~,",mlhs (33!.!} fe.c\ \\\ " ~tn~~ \h.O:Ct, by the $l11M nan.h 19 dcgrC':5 w~t two
bundred thirty.(ivlI and nincly.fivc bWld:C1Illu (:!3S,95) feet to I point; It:cnCG by the
5iU1lC nonl1 7 oJci:fCts .....tsl. and aossing Trindlc Sprinp Run. fj\'c hundred len 1510) feo::l
to a pqilll. lhe place or DEGINNII\G.
EXCEPTING AND RESERVrNG THEP..EfROM..lhc fonO~nB three llilCtS or parcelS of
IAAd:
'-- . ~ "
I. fract of land I4km by Ihe Mc:chmicshurs Area School DlStriclln Eminenl
Domam prtlctedings, whIch rrocecdmgs appear 10 Number 1)3', May reno, IlJlil. In Iho
Court or Common Ple3S o(Cumbaland County, Pennsylvania. The land condcmDcd is
dcstril1ct1as follows:
ALL Ih31 ecn3Jn In.el of land Situ:lle 10 lIu: Fifth WI\ld of che: n(1C'OuSh of
Mech:mlcsburs. County 01 C:umhcrl::rnd and Commonwc:l11h of Pennsyl\'Wlill.. bounded
iUld described OS follnw5, to wit:
Bf.G!NNING III a ctlnen:tt: mOQumcnllulhe comer orland ofF11U1k B, Miller (:11
end 01 LonG'rTIclIl'low :iIrC~Il\S ,ho,\\'p in Ih: PiAn of Lou of FrWlk B, Millet); tbcn~o alon;
said land nrFr.snk B, ~hllcr, north M dei;R':::S 39 minutlls 40 seconds (lISt 7S4,SI) IcellO a
point. thence illong land III the Meehlllticsburg Area School Oisui~t and land of William
H. Mu}', cl al.. 60ulh 21 degrees ,12 minulC3: II} seconds east 7:1.66 feet to a poinl; Ihence
along land orr;!ul H, Hen!.lcr. south ~, dC"gccs 44 lJliaule3 4rJ ~ceDIIWc weSI ti9,SJ feeT 10
"VOilll, Ihencc alone olher Iar.d uC Rubert B. Weber aad Evelyn N, Web",r, his wiCe. Much
n de!:-'TC'Cs 36 minulc~ 48 seconds \\'csl 791.83 fcet 10 il point; thence connnuing alonK
said olher l.1IId nf Raben 8 Weber iDld Evcl)'D N, Weber, his wife, nurth 14 de}:.'Tees OS
minulCS 10 Sl.:coods wcst (153.2J fcef II) iI CI)II1;:n:IC' lIIDnumCOl at Ihe comer nr land of
flj1llk B. Millcr,lhe placlo' {IfaF.G~1Na. Conlallllng 12,974 acres nf1:md,
, Lal Numher I (1(1 Ih~ Fin;1 Subdi\'icion Plan or Lois (or Ruhert Weber.
which Pli!.n is recorded in the Cumbalaod CounlY Recorder ofOcedc OmC1: ill PllUl Book
Nil. 27. ft:tge 147.lUld \Vhlch 101 WllS convcycd 10 Richllfd E. Wise, Jr.llld Nunc)' l... Wise
by R{\h~n 11, Md Evelyn N. WctJ<::r. hi$. Wife, by d<<11 ~a\ed JuJU: 28, \:I1tS, \l.nd rt:Conlcd
in Ihe ('umhcrlilnd C(lUllI)' R;:cord~r orOcctls Olli~C' ill Ond Book .2(..R, PlJgG II~.
t L01 Number 2 on Ihe final Suhdivbdon Plan of Lots for Ruben Weller.
which Pl:tn is rt:ColllClI in Ihe Cumbcrbnd (;oWIlY Rcc;ordcr or Deeds Ornce In rlan
Duul< Nu. 27. PlIge 147.
BEING the SaI1l3 premises ..nich the Estate of Evelyn N. Weber, AKA Evelyn M. Weber granted
and conveyed to SUsan C. Jares and John W. Jones, her husband and Goereth D. l-b~el1i and
John T. I-bll3'elli, her husband, and Derek I-bngelli and R. Bernard Webe~tai088rllal!@B.E'~y
10' , 1999 and recorded in the Office of the Recorder of Deeds for CUmberland COunty in
Deed BOOk Page
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CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Gweneth D. Mongelli, John T. Mongelli, and
Derek A. Mongelli, do hereby certifY that I this day served a copy of the Defendants'
Preliminary Objection Raising Nonjoinder of a Necessary Party upon the following by hand
delivery as follows:
Irwin, McKnight and Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
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Dated: September 11, 2000
Karl E. Rominger, Esquire
Attorney for Gweneth D. Mongelli,
John T. Mongelli, and Derek A. Mongelli
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SUSAN C. JONES and
JOHN W. JONES, her
husband, and
R. BERNARD WEBER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
PI.aSE.-r~
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GWENETHD.
MONGELLI and JOHN T. :
MONGELLI, her husband, :
and DEREK A.
MONGELLI,
Defendants
NO. 00-5585 EQUITY TERM
ORDER OF COURT
AND NOW, this 27th day of September, 2001, upon consideration of the attached
letter from Karl E. Rominger, Esq., attorney for Defendants, the conference previously
scheduled in this matter for September 28, 2001, is rescheduled for Friday, October 5,
2001, at 3:45 p.m., in chambers of the undersigned judge.
BY THE COURT,
Douglas G. Miller, Esq.
Attorney for Plaintiffs
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Attorney for Defendants
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155 South Hanover Street
Carlisle. Pennsylvania 17013
717.241.6070 . 888.241.9679 . FAX: 717.241.6878
law@romingerlaw.com . www.romingerlaw.com
Please reply to Carlisle office.
September 26, 200 I
The Honorahle.l. Wesley Oler, .lr.
Cumberland County Courthouse
Onc Courthouse Square
Carlisle, PA 17013
RE: JONES v. MONGELLI
Dear Judge Oler:
This letter is to request a continuance on a conference between counsel for the above
captioned case on September 28, 200 I, at II :00 a.m. An emergency hearing has been scheduled
in Meadville, P A for the same date and time and thus, my request for a continuance. I, further
note that Attorney Miller tor the opposing side has requested that this conference be rescheduled
for as soon as possiblc.
Thank you for your time and consideration in this matter.
Sincerely,
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Karl E. Rominger, Esquire
.
KER:ljj
cc. Derek Mongelli
Gwen Mongelli
Tom Mongelli
Douglas Millcr, Esquire
Advocacy
Advice
Answers
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SUSAN C. JONES and
JOHN W. JONES, her
husband, and
R. BERNARD WEBER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
GWENETHD.
MONGELLI and JOHN T. :
MONGELLI, her husband, :
and DEREK A.
MONGELLI,
Defendants
NO. 00-5585 EQUITY TERM
IN RE: PLAINTIFFS' PETITION FOR ADJUDICA nON OF
CIVIL CONTEMPT
ORDER OF COURT
AND NOW, this 4th day of March, 2001, upon agreement of counsel, the hearing
previously scheduled in this matter for March 15,2002, is continued generally.
COUNSEL ARE directed to notifY the court if they desire a hearing in this matter.
BY THE COURT,
~glas G. Miller, Esq.
A~ey for Plaintiffs '1
Aarl E. Rominger, Esq.
Attorney for Defendants
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SUSAN C. JONES and
JOHN W. JONES, her
husband, and R. BERNARD
WEBER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
IN PARTITION
GWENETH D. MONGELLI and
JOHN T. MONGELLI, her
husband, and DEREK A.
MONGELLI,
Defendants
No. 00-5585 EQUITY TERM
ORDER OF COURT
AND NOW, this 16th day of October, 2002,
upon consideration of Plaintiff's petition for adjudication
of civil contempt in the above-captioned matter, and
following a hearing, the Court finds that the Plaintiffs
have supported the proposition that the Defendants are in
contempt of the Order of Court dated March 19, 2001, and
Defendants are, therefore, cited for contempt. The Court
is following the five-step contempt procedure in this
matter, and counsel are requested to contact the Court's
secretary for the scheduling of the second hearing in the
five-step procedure.
By the Court,
Douglas Miller, Esquire
For the Plaintiffs
Karl E. Rominger, Esquire
For the Defendants
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SUSAN C. JONES and
JOHN W. JONES, her
husband, and
R. BERNARD WEBER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
GWENETH D.
MONGELLI and JOHN T. :
MONGELLI, her husband, :
and DEREK A.
MONGELLI,
Defendants
NO. 00-5585 EQUITY TERM
IN RE: PLAINTIFFS' PETITION FOR ADJUDICATION OF
CIVIL CONTEMPT
ORDER OF COURT
AND NOW, this 6th day of November, 2002, pursuant to the court order of
October 16, 2002, the second hearing in the five-step contempt procedure is scheduled
for Thursday, February 13, 2003, at 1 :30 p.m., in Courtroom No.1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
-AJo"uglas G. Miller, Esq.
Attorney for Plaintiffs
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Attorney for Defendants
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD: CUMBERLAND COUNTY, PENNSYL VANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
v.
NO. 00-5585 CIVIL TERM
GWENETH D. MONGELLI and JOHN
T.MONGELLI,herhusband,and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
PRAECIPE TO SETTLE AND DISCONTINUE
TO CURTIS R. LONG, PROTHONOTARY:
Please mark the above-captioned case settled and discontinued.
Respectfully submitted,
IRWIN & McKNIGHT
Date: September 13, 2006
By:
Douglas . Miller, Esquire
Supreme Court ill #83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by fIrst class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Date: September 13, 2006
IRWIN & McKNIGHT
Douglas G iller, Esquire
Supreme Court J.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs
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SUSAN C. JONES and JOHN W. : IN THE COURT OF COMMON PLEAS OF
JONES, her husband, and R. BERNARD: CUMBERLAND COUNTY, PENNSYL VANIA
WEBER,
Plaintiffs,
CIVIL ACTION - EQUITY
v.
NO. 00-5585 CIVIL TERM
GWENETH D. MONGELLI and JOHN
T. MONGELLI, her husband, and
DEREK A. MONGELLI,
Defendants.
IN PARTITION
PRAECIPE TO SETTLE AND DISCONTINUE
TO CURTIS R. LONG, PROTHONOTARY:
Please mark the above-captioned case settled and discontinued,
Respectfully submitted,
IRWIN & McKNIGHT
Date: September 13,2006
By:
Douglas . Miller, Esquire
Supreme Court ill #83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff
. . -
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
Date: September 13, 2006
IRWIN & McKNIGHT
Douglas G iller, Esquire
Supreme Court I.D. No, 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs
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