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HomeMy WebLinkAbout01-0769 FX "., [ ~' _~'_""""_' "' ,,; ,,0 "_"~ , .'..-~ ~~F"",' ,. .li - -~ -'L'j(~ IN THE CQURT OF COMMON PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIQN CHASE MORTGAGE COMPANY-WEST,) flk/a MELLON MORTGAGE COMPANY, ) ) NO.: 0 1-1(PQ CIU~ I ) ) ) ISSUE NO,: ) ) ) TYPE OF PLEADING: ) ) CIVIL ACTION - COMPLAINT ) IN MORTGAGE FORECLOSURE ) ) ) CQDE- ) ) ) FILED QN BEHALF OF PLAINTIFF: ) ) Chase Mortgage Company - West, flk/a ) Mellon Mortgage Company ) ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M, Faust, Esquire ) Pa, I.D, #77991 ) ) GRENEN & BIRSIC, P,C, ) ) Firm #023 ) One Gateway Center, Nine West ) Pittsburgh, P A 15222 ) (412) 281-7650 Plaintiff, vs, ALLEN S, MCGILL and THERESA A. MCGILL, Defendants, ~AAE~.~ lIE ENCI.OSEO WlTHlNlWENTY(lIl), 1/8, IliRVICl! ~ CERnFlCATE OF L0CA1ION I HEREBY CERTIFY lIlA, lIE UlllATICII f1jf rREAL~_(Y1HBr. 37 I<.e . I'.. 12()()., ~~- BY . /k-t- . . .oJ .'" L' ,.,-. CJ';;'-_;.,'_;_~__,;_""",_ '. ~, . '.- _. IN THE COURT QF CQMMON PLEAS QF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CHASE MORTGAGE CQMPANY-WEST, flk/a MELLON MORTGAGE CQMPANY, NO,: Plaintiff, vs, ALLEN S, MCGILL and THERESA A. MCGILL, Defendants, NOTICE TQ DEFEND Y 011 have been sued in court, If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the cornp1aint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you, YOU SHQULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU SHOULD NOT HAVE A LAWYER OR CANNQT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 , ,-, , "",- . y ,L."".i-,->'~", ~ ,0'" '~"", -le" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLQN MORTGAGE COMPANY, NO.: 0/- 'lCJ; C;n:.r 7:U-- Plaintiff, vs, ALLEN S, MCGILL and THERESA A. MCGILL, Defendants, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Mortgage Company - West, fIkIa Mellon Mortgage Company, by its attorneys, Grenen & Birsic, P,C" files this Complaint in Mortgage Foreclosure as follows: 1, The Plaintiff is Chase Mortgage Company - West, flk/a Mellon Mortgage Company, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219, 2, The Defendants are Allen S, McGill and Theresa A, McGill, individuals whose last known address is 37 Shagbark Lane, Carlisle, Pennsylvania 17013, 3, On or about Apri128, 1995, Defendants executed a Note in favor of Consumer First Mortgage, Inc. ("Consumer"), in the original principal amount of $80,900,00, A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof, 4, On or aboutApri128, 1995, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Consumer a Mortgage in the original principal amount of $80,900.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the .d" '. ~ '- ~ " ,-'_,_" ";~,;;--,,. ,'__e_'_ t - Recorder of Deeds of Dauphin County on Apri128, 1995, in Mortgage Book Volume 1260, Page 716, A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof, 5, Consumer assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Resource Bancshares Mortgage Group, Inc, ("Resource") pursuant to a certain Assignment of Mortgage, 6, Resource assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage. 7, Defendants are the record and real owners ofthe aforesaid mortgaged premises, 8, Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due, Defendants are due for the July 1, 2000 payment. 9, Plaintiff was not required to send Defendants written notice pursuant to 35 P's, 91680A03C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (l2U,S,C. 991707-1715z-18) [35 P,S, 91680A01C(a) (3)]. 10, Plaintiff was not required to send Defendants written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P,S, 9403 (Act 6 of1974) prior to the commencernentof this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P. S. 9101 and Defendants are not "residential mortgage debtors" as defmed in 41 P,S, 9101. ",,"=-- "- ". ," '" .'--,-- ",' -.J 'c- '"""" 11, The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 2/3/01 Late Charges through 2/3/01 Escrow Due through 2/3/01 Attorneys' fees Title Search, Foreclosure and Execution Costs TOTAL $73,128.48 $ 4,300,89 $ 339,75 $ 1,401.98 $ 800,00 $ 1.500.00 $81,471.10 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $81,471.10 with interest thereon at the rate of $17.53 per diem frorn February 3, 2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged prernises, GRENEN & BIRSIC, P,C, BY: Kris' M, Faust, Esquire Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, P A 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , '" be u. , , MulUalale NOTE LOan rot YK950050 IfHA CUe No. 441-4982551 ~1)r APRIL 28TH ,199S 437 lIilRRsVILtE RlIID, CARLISIB, PENNSYLVANIA 17013 (Property Address) 1, PARTIES "Borrower" means each penori signing at the end of this Note, and the person's successors and assigns. "Lender" means ' and its successors and assigns. cx:tlStI!ER FIRST MJRmllGIl, IN::. , 2, BORROWER'S PROMISE TO PAY; INmREST, In return for a loan received (rom Lender, Borrower promises to pay the principal sum of EIGRl'Y TIiOUSAlID NINE 1ItHJRED AND ro/10o...-- Dollars (U.s. $ 80,900.00 ), plus interest, to the order o( Lender. Interest will be charged on unpaid principal, [rom the date of disbursement of the loan proceeds by Lender, at the rate of EIGHI' .AND THREE: QUARl'ERS per cent ( 8. 7~O %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SIlCURED ' Borrower's promise to pay Is 'SeCOnd by a mortgage, deed or trust or ,imilat security instrument that is dated the, same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower aeCaults under this Note. 4, MANNER OF PAYMENT (A) Time Borrower shall make a Payment of principal and interest to Lender on the first day of each month beginning on JUNE 1ST, 1995 . Any principal and interest remaining on the first day of MAY 1ST, 2025 , will be due on that date, which is caned the "Maturity Date." (8) PI... Payment shan be made at 8808 CIlNl'RE PARK DRIVE, 3RD FlOOR, <XlLUMBIA, MARYIllND 21045 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of $ 636.44 This amount will be pdrt of a larger monthly payment reCl.uired by the Security Instrument, Ihat shall be applied to principal, interest and olher items in the order described In the Security Inslrument. . (D) Allonge to this Note fol' payment adJustmenls 11 an aUonge providing for pa~cnt adjustments is executed by BOlrower together with this Note, the covenants of the allonge shall be incor~ted Into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. LCheck applicable box:] o Graduated p~ym..t A1lnnge 0 Growing Equity Allonge 0 Other [specify] S, BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the fint day of any month. 6. BORROWER'S FAILURE TO. PAY (A) Late Cha.... for Overdue Paym.... If Lender bas not received the full monthly payment require8 by the Security Instrument, as described in Paragraph 4(C) of tbis Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount ofRXlR .AND W/100 per cent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaulls by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in (ull of the princlf'al balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its nghts in the,event of any subsequent defaulL In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary o( Housing and Urban Development or bis or her designee. , lC) Paym..t of Costa ."d Ezpe.... . If Lender has reguired immediate payment in (uU, as described above, Lender may require Borrower to pay costs and expenses indudmg reasonable and customary attorneys' fees for enforcing this Note. Such (ees and costs shall bear interest from the date ~f disbursement at the same rate as the principal of this Note. MP"NIG - June 9, 1992. TFC Page 1 0(2 Doc Prep Prus.loc. FilA Mullllllale Rale Note - 2191 I , "':'"r ~.' " ~ ~'o,: ',' " ", ~...' - c, _. '~ . . "~ 7. WAIVERS , . Borrower and any other per~~ who has obligations under this Note waive the rights of presentment Bnd notice of dishonor. "Presentment" means the! right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. , S. GMNG OF NOTle&'! Unless applicable law requires a different method, any notice that must be given to BorrOwer under this Note will be given by delivering it or by mailing it by first dass mail to Borrower at the property address above or at different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under Chis Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a -different address if Borrower is given a notice of that different address. " OBLIGATIONS OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each person if fully and personally obligated to keep all ollhe promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obHgations, including the obligations of a guarantor, surety or endotser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its fights under this Note against each person individually or against all signatories together. Anyone person signing this Note may be required to pay all of tbe amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. a&JJ/J1~ ALIEN S. ICGILL (Seal) -Borrower ~".a;t d'- ~ ~ A. ICGILL (Seal) .Borrower (Sea\) .Borrower (Seal) -Borrower PAYTOnmORDIlROF: RESOURCE BANCSHARES MORTGAGE GROUP, INC. WITHOUfRECOURS..y\ CYflJ1l1 .llI.IM.M '! iiiANf. STERNER, Vice Preside Iii CONS\""", \'IRST MORTGAGB, INC, ' i , i ! .j , MFN2G . June 9, 1991 TFC 'ap. 1. art Doc Prep Plll!i. Inc. FHA Multl~la(e Rate Note. 1/?1 1& '. .~,. .......... (1. "'-:-' RJl'l'tIJlJf TOI COD81lIQZ' Pit'.~ lfoZ'tg.,., 2:_. 1t01 C_tZ'. ....k Dl'iva, Jt'd .1001' Col~:I.a, KIt 21045 ....------------:----- (Space Above Tbls Une For Ret'OI'dine DataJ _.___.__....._______.__._._._ FHA Case No. Commo_1II Of PeDD5ymuw. I . 441-49B2551 Loan IDiI Yll950050 MORTGAGE THIS MOkTGAOE ("Sec~rity Instrument") is given on APRIL 28TH, 1995 The Mortgagor is ALLEN S:. MlGILL and THEREsA A. MlGILL, Husband and Wife ("Borrower"). This Security Instrument is given to ~ FIRST MJRrollGE:, INC. which is organized and existing under the laws of TIiE STATE OF MARYLAND .nd whose address is BBOB CBNmE PARK DRIVE, 31ID PImR, CX1IJJMBIA, MARYLAND 21045 ("Lender'l). Borrower owes Lender the principal sum of EIGIf1Y TllOOSl\No NINIl !llINllREo AND 00/100_ Doll." (U.S, $ 80,900.00). This debt is erideJWed by Borrower's note daled the same date as this Security Instrumenl ("Note"), which prqvides lor monthly payment., with the lull debt, it not paid earUer. due and payable on MAY 1ST, 2025 .This Security Instrument secures to Lender: (a> the repayment of the debt evidenced by the Note, with interest, and all renewals, _nsions and modifications; (b) tbe payment 01 all otber .um., with interest, advanced under paragraph 6 tQ protect the security of this Security Instrument; and (c) the performance 01 Borrower's <ovenants and agreements under this Security lmtrumenland the Note. For tbis pUrpose, Borrower doe. bereby mortgage, grant and convey to Lender tbe 101lowing described property located i. CllMllE:RU\No County,-Pennsylvania: SEE r.EX;/\t OIlSCRIPrIoo ATmciIEo HIlRF.'ro AND MllDE A PART IiEREXJF which has the address of 437 RI!RRSVILLE ROl\D [Street) CllRLISl,E ICily] Pennsylvania 17013 [Zip Codel ("Property Address"); TOGE'IHER WITH all tbe improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas eights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property," BORROWER COVENANTS that Borrower is lawfully seized 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 delend generally tbe titl. to tbe Property agains' all claims a.d demand., subjec' to any encumbra.nces of record. PAFMIG . October 24. 1994 Page J 0/5 Doc Pn:p PIIU, Inc. InJII..,rf!lf'-1"''''', -' '., , '''<""..,"~,,;,,,- ...., . " . ,- ij' ~ i1t -.; ','-..- .',~ '.-:: , - ~- ,', .", ,- , " " . . i ~.' \'<w-1' !<>an mil YK950050 1. Payment or PrIncipal, Interest and Late Charge. Borrower shalt pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. Z. Monthly Payments of TaXes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and ,interest as set Corth in the Note and any late charges, an installment of any (8) laxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on tlie Property, and (e) premiums for insurance required by paragraph 4. Each monthly installment for items (a), (b), and (e) shall equal one-twelfth of the annual amounts, as reasonably estimated by Lender, plus an amount sufficient to maintain an additional balance ol not more than one-sixth ol the estimated amounts. The full annual amount lor each item shall be accumulated by Lender within a period ending one month belore an item would become delinquent. Lender shall hold the amounts collected in trust to pay items (a), (b), and (c) before they become delinquent. If at any time the total ol the payments held by Lender for items (a). (b), and (c), together with the future monthly payments for such items payable to Lender prior to the due dates of such items. exceeds by more than one-sixth the estimated amount of payments required to pay such items when due. and if payments on the Note are current, then Lender shall either refund the excess over one--sixth of the estimated payments or credit the excess dVer one-sixth of the estimated payments to subsequent payments by Borrower, at the option oC Borrower. If the total oC the payments made by Borrower for item (a), (b), Or (c) is insufficient to p,ay the item when due, then Borrower shall pay to Lender any amount necelS8.ry to make up the defk.iet\Cj on or before the date the item becomes due. As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. [n any year in which Lender must pay a mortgage insurance premium to the Secretary (or any year in which. 'such premium would have been required if the Lender still held the Security Instrument), each monthly payment shall also include either. (i) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary. Each monthly installment of the mortgage insurante premium shall be in an amount sufficient to accumulate the full annual mortgage insurance premium with Lender one month prior to the date the full annual mortgage insurance premium iJ due to the Secretary, or it this Security Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one-twelfth of one-half percent of the outstanding principal balance due on the Note_ I If Borrower tenders to Lende~ the full payment of all sums secured by this Security Instrument, Borrower's account shall be credited with the balance remaining for all in_~tallments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to tbe Secretary, and Lender shall promptly refund any excess funds to Borrower. Imlnediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be cr~ited with any balance remaining for all installments for items (a), (b), and (e). , , 3. Application of Paymenu.- All payments under paragraphs 1 and 2 shaU be applied by Lender as follows: .Eir!.t, to the mortgage in5~rance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; ~, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third. to interest due under the Note; Fourth, to amortization of the principal of the Note; Fifth, to late charges due' under the Note. 4... Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazArds, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a fonn acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss ir not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part oC the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Sec.urity Instrument, first to any delinquent amountf. applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are reCerred to in paragraph 2, or change the amount of such pllyments.. Any excess insurance ptoceeds over an amount required to pay aU outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. [n the event of foreclosure o( _this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in foree shall pass to the purchaser. ! 5. Occupancy, Preservation, Maintenance and Protection or the Property; Borrower's IAUln AppUcatlonj Leaseholds. Borrower shall oceupy. establish, and use the Property as Borrower's principal residence within 'Aixty days. after the execution of this Security Instrument and shall continue to occ:upy the Property as Borrower's principal residence for at least oite year after the date of occupancy, unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. 'Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the property PAFM2G - Seplember 13, 19!J4 Page 2 of 5 Doc Prep rlus, Inc. ht!'- Inlllals:t-- t:A./If. .<~ 'J",,_ ~_~--'-:~~ ",;,.. ~,.r . I ',-, loan 10# YK9S00S0 if the property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false oi inaccurate information or statements to Lender (or failed to ,provide Lender with any material information) in connection with the loan evidenced by the Note. including. but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the' provisions of the lease. U Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Charges to Borrower and Protection oC Lender's Rights In Ihe Properly. Borrower shall pay all governmental or municipal charges, fines and impOsitions that are not included in paragraph 2. Borrower shall pay these obligations on time directly ta the entity which is owed tbe payment. U failure to pay would adversely affect Lender's interest in the Property, upon Lender's requ~t BorrQWer shall promptly Curnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the paymen" required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, includin. payment or taxes, hatard insurance and other items mentioned in paragraph 2 Any amounts disbursed by".Lender under this paragraph shall become an additional debt or Borrower and be secured by this Security Instrunient These amounts shall bear interest from the date of disbursement,. at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. Condemnation. The pr6ceeds or any award or claim Cor damages, direct or consequential, in connection with any oondemnation or (lther taking of any part of the Property, or {or conveyance in place or t:01\demnatioo, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Secutity Instrument, fint to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly paymehts, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to payalt outstanding indebtedness under the Note and this Security Instrument !lhall be paid to the entity legally entitled thereto. 8. Fees. Lender may collect (ees and charges authorized by the Secretary. 9. Grounds For Acceleration or Debt (a) Dcrault. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in fun of all sums secured by this Security Instrument if: (i) Borrower deCaults by failing to pay in Cull any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instr~ment. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Secretary, require immediate payment in full oC all sums secured by this Security Instrument if: (0 Allor part DC the Property, or a beneficial interest in a trust owning all or part of the Property. is sold or otherwise transferred (other than by devise 'or descent) by the Borrower. and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. rr circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights in the case of payment deraults to require immediate payment in Cull and Coreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not be eligible lOr msuranee under the National Housing Act within sixty (60) days (rom the date hereoC, Lender may, at its option and notwithstanding anything in paragraph 9, require immediate payment in Cull of all sums secured by Ihis Security Instrument A written statement of any authorized agent oC the Secretary dated subsequent to sixty (60) days {rom the date hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the Coregoing, this option may not be exercised by Lender when the unavailability of insurance is salely due to' Lender', {ailure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement Borrower has a right to be reinstated if Lender has required immediate payment in {ull because oC BorrQWer's Cailure to' pay an amount due under the Note or this Security Instrument. This right applies even alter foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations oC Borrower under this Security Instrument, Coreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of Coreclosure proceedings within two years immediately preceding the commencement of a current foreclosu're I'AFM:5G - September 1:5, 1"4 Page .3 of 5 DocP~~us,lnc. ,.111..,'<:' t./~."" ...;.. , " ~~ .-- > '" j;( - . ., i '~,,'; . u. Loan ID# YK950050 I proceeding, (ii) reinstatement Jill' preclude foreclosure on dtfferent grounds in the future, or {iii} reinstatement will adversely affect the priority oC t}te~Ucn created by this Security Instrument. 11. Borrower Not Releaseda F~rbearance By Lender Not 8 Waiver. Extension of the time of payment or modification of amortization of tbe sums sec)lfed by this Security lnstrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to comm~nce proceedings against any successor in interest or refuse to extend time lor payment or otherwise modi,ry amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borro1vef's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of 0; preclude the exercise of any right or remedy. , , 12. Successors and Assigns B~und; Jo~nt and Several Uablllfyj Co-Slgners. 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 9.b. Borrower's ciwelunts and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not bcecute the Note: (a) is co.signing this Security Instrument only to mortgage, grant and convey that Borrower's intere~t in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secuied!by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear o~ make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowefos ./;onsent. 13. Notices. Any notice tO~B~rrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of artother method. The notice shall be directed to the Property Address Of any other ~d4ress Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's aHdress stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Securi~ Instrument shall be deemed to have been gi.ven to Borrower or Lender when given as provided in this paragraph. \ I , 14. Governing LaW; Severability. This SCi:urity Instrument shalt be governed by Federal law and the law of the jurisdiction in which the Propetty'is located. In the event that any provision or clause of this Security Instrument or the Note connicts with applicaQle law, such conDict shail not affect other provisions of this Security lnstrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be se\'erable. . , IS. Borrower's Copy. Borrower shall be given one conCormed copy of this Security Instrument. 16. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues oC the Property. Botrower authorizes Lender or Lender's agents to collect the tents and tevenues and bereby directs each tenant of the Property to pay the rents to Lender or Lender's agent. However, prior to Lender's notice to Borrower of Borrower's breach oC any covenant or agreement in the Security Instrument, Borrower shall coUect and receive all rents and revenues of the Property as trustee (or the benefit o( Lender and Borrower. This assignment of rents constitutes an absolute assignment and no~ a~ assignment Cor additional security only. I( Lender gives notice DC breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee (or benefit of Lender only/to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect add receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or unde,r's agent on Lender's written demand to the tenant. Borrower has not executed.:an~ prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising_ its tights under this paragraph 16. , Lender shall not be requir~ to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, .Lender or a judicially appointed receiver may do sO at any time there is a breach. Any application of rents shall nbt Cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the ProPerty shall terminate when the debt secured by the Security Instrument is paid in Cull. , NON-UNIFORM COVENANTS., Borrower and Lender further covenant and agree as follows: t 17. Foreclosure Procedure. ' If Lender requires immediate payment in fun under paragraph 9, Lender may foreclose this Security Instrument by jud~l proceecllng. Lender shall be entitled to coiled aU expenses incurred in PUl'Sulng the remedies provided In this paragrap~ 17, Including, but not limited to, attorneys' fees and costs of title evidence. 18. Release. Upon payment o( all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate ~and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without cI.ar~e to Borrower. Borrower shall pay any recordation costs. 19. Waivers. Borrower, to I,th~ extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby -waives the benefit oC any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 20. Reinstatement Period. Bo~rower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commertcement of bidding ~t ~ sherirrs sale or other sale pursuant to this Security Instrument. 2L Purchase Money Mot1~&e.. I( any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, th,is Security Instrument shall be a purchase money mortgage. n. Inleresl Rate After Jud~ment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PAFM4G - September 13, 1994 Page 4 of 5 Doe P~~~IUS. Ine. Initillls:~ ...J-;.A,pt. . > "'"!llc-n,,, >,-"- ._'"~__ 'Co ~ """""'.-'1.1-- ( I. ......., u. Loan 10# YK950050 23. Riders to this SecurUy Instrument I( one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instruments as if the rider(s) were a part of this Security Instrument. [Check applicable box(ea)] , ~ Condominium Rider Planned Unit Development Rider Adjustable Rate Rider 8 Graduated Payment Rider Growing Equity Rider Ii[] Otber [Specifyj Legal Exhibit "A" BY SIGNING BE.LOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it, Witnesses: ~~ ' ~. -- :=~j/ , /~. F / ,. . L/ ~~ ~J ,#~ ALLEN S. M::GILL (Seal) ~Borrower ~A'M ,:1. ~~ THEREsA A. M::GILL (Seal) -Borrower (Seal) -Borrower (Seal) ~Borrower Certifiade of Residenc.e I, within-named Lender is , do hereby certify that the correct address of the 8808 CENl'RE PARK DRIVE, 3RD FUXJR, COLUMBIA, MlIRYIAIID 21045 Witness my hand this 28TH day of APRIL, 1995 COMMONWEALTH OF PENNSYLVANIA, On this, the 28TH day of CUMBERtlIND APRIL, 1995 , before me, the \tnden,igned officer, personally appeared ALLEN S. M::GILL and THERFSA A. M::GILL. HUSBAND AND WIPE Agent of Lender Countyss: known to me (or satisfactorily proven) to be the person S whose name S are subscribed to the within instrument and acknowledged that THEY executed the same for the purpose herein contained. , IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: NOTARiAL SfAl MHOl L LENKER. NOTARY PlJBlIC CARLISLE 80M" CUIo\BffitJ,NO COUN'" MY COMMISSION EXPIRES FEBRUARY 20. 1997 PAFM5G . JRnuary 17, 1995 Page 5 of 5 DocPrep/,W1,lnc. IntO.., I(' [A,If" ,0lU''l' ~, ~ ,~ . . EXHIBIT "A" , ALL THAT CERTAIN : tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the subdivision plan for Donald G.Jones, recorded in the hereinafter named recorder's office in Plan Book 47, page 160, as follows: , BEGINNING at a point in the original center line of 33 feet wide L.R. 21004 known as Kerrsville Road at the dividing line between Lots Nos. 2 and 3; thence from said point to the place of beginning along said dividing line between said Lots Nos. 2 and 3, South 59 degrees 33 minutes 40 seconds East, a distance of 399.13 feet to an iron pin in line of land now or formerly of Clyde E. WeibleYi thence along line,of said land now or formerly of Clyde E. Weibley, South 26 degrees 36 minutes 51 seconds East, a distance of 150.34 feet to a post; thence North 59 degrees 23 minutes 40 seconds West, a distance of 395.38 feet to a point in the original center line of said 33 feet wide L.R. 21004 known as Kerrsville Roadi thence along said original center line of 33 feet wide L.R. 21004 known as Kerrsville Road, North 25 degrees 9 minutes 12 seconds East, a distance of 150.64 feet to a point at the Place of BEGINNING. So much of the above-described tract of land as lies within 25 feet of the original center line of 33 feet wide L.R. 21004 known as Kerrsville Road has been dedicated as a portion of the right of way of said road as shown on said subdivision plan for Donald G. Jones recorded as aforesaid. BEING all of Lot No. 3 as shown on said subdivision plan for Donald G.Jones recorded as aforesaid, and contains a total area of 1.368 acres. BEING the same premises which Eva A. Mitchell, widow, granted and conveyed to Allen S. McGill and Theresa A. McGill, husband and wife, Borrowers herein. , . '_-" " , . ~-- , ,-, .,'--.- ,~-,," '.~.,i;;;^~--,';.. " -~'. ~ ":3 KAREN KARR-BARTLEY , Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C,S,A. Section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to his information and belief. ~~ KARR , Assistant Se ' Grenen & Birsic, P.C. Verification -<2i.0;;!(jjffi;~~ ~~-i<l:i\_I.t "" '~i&irlL,"!<i"'*"...!il,-~Jli;a~ili&M~;<floO'j;;,I'..;;"r" iM!:~I".'iIii",ffi,;""""'lid'"'f,ij~ ~~ C> .I: -J ~ ~ ~ -:t ~ -"~',-,.,,>..,., ~ - "-, -" "'".,;".>:_,''''' ,~' _ _,,' '1 "'~].",;, ,'-~ ,,",+~,'."'_=-: ,'2'-'!,-._.,>'~'''' ~ ~ "& c$ .Q":J ~ ~ ~ t;::> ...-.. ~. o ~ 0 dU Imu ~ . "-''', ,- ...',',', ,k w'- 1;"' - , () C:) 0 C '''n s: -" .,-'! 'D P':' ["-I --, rr,' lD f~ -7.> :X. ~- -., :z: (~ -- c..) ~~? co C) r:= ~ ~Tl ~ , , ,- '; ~,~ <-) r~n j; c: ::::} l_, , :z:- 'J ~~G --j -< to -< (0 .-, '" -~,;,~ ".1 " ~ -~ .." ., ~ ,-" -"0-" c' ",--,~..' '-',",'. '-;-,: J.- ,,A"' r .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, CIVIL DIVISION No,; 01-769 CIVIL Plaintiff, vs. ALLEN S, McGILL and THERESA A. McGILL, Defendants. NOTICE OF ORDER, DECREE OR lUDGMENT TO; Allen S, McGill 37 Shagbark Lane Carlisle, PA 17013 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows; $82,671.28 with interest on the principal sum at the rate of $17,53 per diem from March 27, 2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the morrgaged premises. Deputy " ~" ~"""'~' , ,-,,-. - 1-~- ii', '_C, ~ '~_ ,""' ~ ~'-',! , :'" . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, CIVIL DIVISION No,: 01-769 CIVIL Plaintiff, vs, ALLEN S, McGILL and THERESA A. McGILL, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Theresa A. McGill 37 Shagbark Lane Carlisle, PA 17013 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $82,671.28 with interest on the principal sum at the rate of $17,53 per diem from March 27,2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises, Deputy ~Ri.~~'ilifij~'II:jffi!ii!f;~~~M.'b!-t"gM:<lli!M!&"-"'VJi''''~II:io:'-';'''-'''j!l;,~~- ,. ~, """',~ ~~~.~ '~'~~I~j- "I ~- ..) . ~ ?v n ~ () C) t & c t- ""t;i c :;-:-:0# ~!-;~-.: --or) U :"J r~':::':: r ~ en j-. f C\ f1: ~t~; <:...) ~t: " ::r;::c. 0() 1E~ ~~ ~ "- 6 ., ..0 ..) C> ~-1--- ::2 ~- ~~ ~ .-J ~- -< ~ ~ "',_~_" ~,~" ~_, 0' ~". "_ ;~, .H _~w , , ., ,,'"' """"3^~~ , ... " ~~.. ~"'-;~'._"""". ",. "~~~- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, Plaintiff, vs, ALLEN S, McGILL and THERESA A McGILL, Defendants, I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, Ohio 43219 the last known address of Defendants is: 37 Shagbark Lane Carlisle, PA 17013 GRENEN & BIRSIC, P.C. (/~ Attorneys for Plaintiff ) CIVIL DIVISION ) ) No.: 01-769 CIVIL ) ) ) ) ISSUE NUMBER: ) ) TYPE OF PLEADING: ) ) PRAECIPE FOR DEFAULT JUDGMENT ) (Mortgage Foreclosure) ) ) ) ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Mortgage Company-West, f!k/a ) Mellon Mortgage Company ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M, Faust, Esquire ) Pa, 1.0, #77991 ) ) ) ) GRENEN & BIRSIC, P,C, ) One Gateway Center ) Nine West ) Pittsburgh, PA 15222 ) ) (412) 281-7650 ) ,~,- 'i!' . , ,~ .'- ,,~, , ,.. ,..; ~ -: "" ' -~.. - ,,,-, -,~;- -'-''', '- " , '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY -WEST, flk/<l MELLON MORTGAGE COMPANY, CIVIL DIVISION No,: 01-769 CIVIL Plaintiff, vs. ALLEN S. McGILL and THERESA A. McGILL, Defendants, PRAECIPE FOR DEFAULT lUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Allen S. McGill and Theresa A. McGill, in the amount of$82,671.28, which is itemized as follows: Principal Interest to 3/27/01 Late Charges to 3/27/01 Escrow Deficiency to 3/27/01 Attorneys' fees Title Search, Foreclosure and Execution Costs TOTAL $73,128.48 $ 5,254,86 $ 371.20 $ 1,616.74 $ 800,00 $ 1.500,00 $82,671.28 with interest on the principal sum at the rate of $17.53 per diem from March 27, 2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises, GRENEN & BIRSIC, P.C. BY: A. Cl,,--f/ v' -('-LUU..~~ Kristine M, Faust, Esquire Attorneys for Plaintiff ~'..""" " ~ . :Jlh"-,,,;_ i '- SHERIFF'S RETURN - REGULAR CASE NO: 2001-00769 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY - WEST VS MCGILL ALLEN S ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCGILL ALLEN S the DEFENDANT , at 0012:45 HOURS, on the 15th day of February, 2001 at 37 SHAGBARK LANE CARLISLE, PA 17013 by handing to ALLEN S. MCGILL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 ,00 31.10 SO;;~~t R, Thomas Kline 02/22/2001 GRENEN & BIRSIC Sworn and Subscribed to before By, ~;u:y#rq (0 me this ..{ S - day of 7~UA'1 .;l..<ro I A.D, qt" / Q lI1.,df~"), A1fif'", rothonotary , ,~-"",","'."- ,- " . ~'~~ . ~ SHERIFF'S RETURN - REGULAR CASE NO; 2001-00769 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY - WEST VS MCGILL ALLEN S ET AL RICHARD SMTIH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCGILL THERESA A the DEFENDANT , at 0018:16 HOURS, on the 21st day of February, 2001 at 98 BEETAM HOLLOW ROAD NEWVILLE, PA 17241 by handing to THERESA MCGILL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 6.82 .00 10.00 ,00 22.82 So Answers: ~~~~<~! R, Thomas Kline 02/22/2001 GRENEN & BIRSIC Sworn and Subscribed to before By: me this ;ZS-I!:: day of J~:l<x:>( A.D. ~, ~ 0 '>'ru~{);,) (~1f P othonotary I '."'-~ . ~ , "-'""c__' '. ~,,_,,;, , . ".~~:;. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M, Faust, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment was mailed in accordance with Pa, R,C.P, 237.1, as evidenced by the attached copies, 4~CXJ0 Sworn to and subscribed before me this~ayof \-An'i,\(" h") ,2001. GM.\1'I("'I()\(\~U-m~ Notary Public Notarial Seal Patricia A, Townsend, No!llIY Public pi<<sburgh, Allegheny County , My Commission ExPires June 2, 2003 Member, PennsyNalila AsllOCIatllill at Notaries _,~ ~"<._ 0' "~,I_,,,,,'~,1<"_b,',_"_ _~''-,' ,_, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, No,: 01-769 CIVIL vs, ALLEN S, McGILL and THERESA A. McGILL, Defendants. TO: Allen S, McGill 37 Shagbark Lane Carlisle, PA 17013 DATE OF NOTICE: March 14, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 GRENEN & BIRSIC, P.C. By: C/A~:~ One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 FJRST CLASS MAIL, POSTAGE PREPAID ,~. -. , ,;;;~. ,- ~ "" ' """' - '" _ ~h_ ' u_ . ,.._ , '^.I . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, No.: 01-769 CIVIL vs, ALLEN S. McGILL and THERESA A. McGILL, Defendants, TO: Theresa A. McGill 37 Shagbark Lane Carlisle, PA 17013 DATE OF NOTICE: March 14, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 GREN~N & BIRS.,IC, P';'-;:J v"~~7fLli/.K-- Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 By: FIRST CLASS MAIL, POSTAGE PREPAID ,-~~ . c ,--- .-... - __".,;j .~";,~,, ~,v-_ _~'",' ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, Plaintiff, vs, ALLEN S, McGILL and THERESA A. McGILL, Defendants, ) NO,: 01-769 CIVIL ) ) ISSUE NO.: ) ) TYPE OF PLEADING: ) ) Praecipe to Withdraw Judgment ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Mortgage Company-West, flk/a ) Mellon Mortgage Company ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M, Faust, Esquire ) Pa. I.D, No.: 77991 ) ) GRENEN & BIRSIC, P,c. ) ) One Gateway Center ) Nine West ) Pittsburgh, PA 15222 ) (412) 281-7650 ) ) ,--',-"-"''''''''''-. ~~~ L-"'-'~' " ." ~.k_ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO,: 01-769 CIVIL Plai ntiff, vs, ALLEN S, McGILL and THERESA A McGILL, Defendants, PRAECIPE TO WITHDRAW JUDGMENT TO: PROTHONOTARY SIR: Kindly withdraw the judgment in the above-captioned matter and mark the docket accordingly, GRENEN & BIRSIC, P,c. BY: J~" Kristine M. Faust, Esquire Attorney for Plaintiff Sworn to and subscribed before me this ~ day of Ju JlL , 2001, ;QwU~ f ~iAu- Nota y Public Notarial Seal Rebecca G, Blazina, Notary Public Pittsburgh, Ailegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association of NoIa~es :i._:(itjj~i.ifjW!W~IllilOOillllr!ii,,,-@,;;;f"I",.",,~h~;,H,",,'iJ'i,i,;liiie,~lti.l:';;;"'l!.m,$'NI'f"'" ,., -~"~ <~~~~-, ~, d "iillIIliIIlIll;N~Y <, ~, ~~.~",~.l:ililfIiiITWLl]tltj '-- ~ .. ,'"" . () 0 0 C -n ~ '- -U OJ c= :-:-,~J rnn"t Z Z::n r- ~?f ::jt? :'=-,~(-=-) ~C::; -C ">,." ~(') :J: ~~I~I; .--0 ':'? C')n, :J>c: ~ ::> ';;/ :b -< " , ~>>~~~~ . -.,,,', __ d. Iii~~-'''~ ,., '._i',-...._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, f!k/a MELLON MORTGAGE COMPANY, Plaintiff, vs, ALLEN S, McGILL and THERESA A. McGILL, Defendants, I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, Ohio 43219 the last known address's of Defendants are: 37 Shagbark Lane Carlisle, PA 17013 98 Beetam Hollow Road Newville, PA 17241 GRENEN & BIRSIC, P.c. " ~- ~, ) CIVIL DIVISION ) ) No,: 01-769 CIVIL ) ) ISSUE NUMBER: ) ) TYPE OF PLEADING: ) ) PRAECIPEFORDEFAULTJUDGMENT ) (Mortgage Foreclosure) ) ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Mortgage Company-West, f!k/a ) Mellon Mortgage Company ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M, Faust, Esquire ) Pa.!.D. #77991 ) ) ) ) GRENEN & BIRSIC, P.C. ) One Gateway Center ) Nine West ) Pittsburgh, P A 15222 ) ) (412) 281-7650 ) ) ~'">""~.. "- '-'~~ ~~ ~ , "" "-'._,& , ~"": IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, f!k/a MELLON MORTGAGE COMPANY, CIVIL DIVISION No,; 01-769 CIVIL Plaintiff, vs, ALLEN S, McGILL and THERESA A. McGILL, Defendants, PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Allen S, McGill and Theresa A. McGill, in the amount of$84,751.27, which is itemized as follows: Principal Interest to 6/14/01 Late Charges to 6/14/01 Escrow Deficiency to 6/14/01 Attorneys' fees Title Search, Foreclosure and Execution Costs TOTAL $ 73, 128.48 $ 6,626,64 $ 465,55 $ 2,230,60 $ 800,00 $ 1.500.00 $84,751.2 7 with interest on the principal sum at the rate of$17,53 per diem from June 14,2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises, GRENEN & BIRSIC, P,c. BY; Kristine M, Faust, Esquire Attorneys for Plaintiff "".-_0 I.,[~~ ,,'. '; - - AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTI OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M, Faust, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices oflntent to take Default Judgment was mailed in accordance with Pa, R.C.P, 237.1, as evidenced by the attached copies, ~ Sworn to and subscribed before me JA I this / $' day of ...JUl1e ,2001. ~ P"/h~ Notary Public Notarial Seal Kathleen l. Michaels, Notary Public Pillsbu'l1h, AlleQheny County My CommiSSion ExplresJan.!?, 2005 Member, Pennsylvania Associallon of Notaries =~ , ~~- -.',..".~,., '~, """' ;;;,':--:i', ,- __,_, "- """,f . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY -WEST, f!k/a MELLON MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, No,: 01-769 CIVIL vs. ALLEN S, McGILL and THERESA A. McGILL, Defendants, TO: Allen S, McGill 37 Shagbark Lane Carlisle, PA 17013 DATE OF NOTICE: March 14, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTrEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN, WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACf WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 GRENEN & BIRSIC, P.C, By: 6t ,L' Att 'eys or Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID ~ ~, = _ L_ ''-'--~]t.:t . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, No.: 01-769 CIVIL vs, ALLEN S. McGILL and THERESA A. McGILL, Defendants. TO: Theresa A. McGill 98 Beetam Hollow Road Newville, PA 17241 DATE OF NOTICE: June 7, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GOTOOR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 GRENEN & BIRSIC, P.CO By: ()' " '.c. Atto s for Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID -~~ ~" ~ .. " ~ ,1..",--,,,-,,-,,.,, ~oIi;;fi-<,J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, CIVIL DIVISION No,: 01-769 CIVIL Plaintiff, vs, ALLEN S. McGILL and THERESA A. McGILL, Defendants, NOTICE OF ORDER. DECREE OR JUDGMENT TO: Allen S, McGill 37 Shagbark Lane Carlisle, PA 17013 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on JLu.J,:' I PI ~I ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $84,751.27 with interest on the principal sum at the rate of$17.53 per diem from June 14,2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy '?""'"' .u - i - ..1-, ,~w~.. , . ~--.iIfi'-v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, f!k/a MELLON MORTGAGE COMPANY, CIVIL DIVISION No.: 01-769 CIVIL Plaintiff, vs, ALLEN S,McGILL and THERESA A. McGILL, Defendants. NOTICE OF ORDER, DECREE OR TUDGMENT TO: Theresa A. McGill 98 Beetam Hollow Road Newville, PA 17241 ( ) plaintiff (XXX) Defendant . ( ) Additional Defendant. ' You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on JJ..u..)"~ JI', ~O()/ ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $84,751.27 with interest on the principal sum at the rate of$17.53 per diem from June 14, 2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises, Deputy ~~iJ!liMki~I~J~fu~",~f,-~'>L.....~WtiJh\~\i\iil;~!\i<;}i'E1:~",.ill",M:l,'j,',iili~#i!;wW:\j~~J181~~~~~~~~\l!il.-- ~~ _,L .;(,\.., ~ < n''h'' ",' =~,^_~,=_,:""_,,_',,',,,,:'''<';'',".'.~ __~"", ,.-"_' ,+_~ ,~~-,t, '7"'" - ,_', _"",,~__,J ,-'-4;,' "',,1 _- ~p _ It F ~ ((r FIr ~ ........ ..... IN (..J.t.g, Iib o ~~ f' 12 ~ .... .... ~" ." '~.,.' ~, ",.. , "", ~, CJ C -:;2':' -nl'r' rn: ' ' ~~';' --(/ , ~C7 :zO >2 ~ . co """-~ ',' :;:p; -~"'- ';.--~) ''''<1 ,,- , _ ~,"l tAl Co! gfj,~ ~ :D -< ,,~ "" ~ ..q - ~ ';'4 .- --"" " ~ '''' ';''',' w~:.. ,,' """~^:!l;'_,,,,,---:J,-""'"'~ --' .1 '--"""," .' ..'...a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment (x) Other Chase Mortgage Company - West, f/k/a Mellon Mortgage Company File No, 01-769 CIVIL vs, Amount Due $84,751.27 Interest $4,977.37 (6/14/01 to sale) Atty's Comm Costs Allen S. McGill and Theresa A. McGill TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise oul of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to lhe Sheriff of CUMBERLAND for debt, interest and costs, upon the following described property of the defendant(s) Single-family Dwelling at 437 Kerrsville Road, Carlisle, PA 17013 PLEASE SEE ATTACHED LEGAL DESCRIPTION County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 9/0/01 Signature: Print Name: Address: ~~ Kristine M. Faust Grenen l!r BUSIC, P.G. One Gateway Center. Nine West Pittsburgh, PA 15222 Attorney for: Telephone: Plaintiff (412) 281-7650 Supreme Court ID No,: 77991 (over) .~ , r1J '., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MQRTGAGE COMPANY, NO,: 01-769 CIVIL Plaintiff, vs, ALLEN S, MCGILL and THERESA A. MCGILL, Defendants, LQNG FQRM DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the subdivision plan for Donald G, Jones, recorded in the hereinafter named recorder's office in Plan Book 47, page 160, as follows: BEGINNING at a point in the original center line of 33 feet wide L.R, 21004 known as Kerrsville Road at the dividing line between Lots Nos, 2 and 3; thence from said point to the place of beginning along said dividing line between said Lots Nos. 2 and 3, South 59 degrees 33 minutes 40 seconds East, a distance of399,13 feetto an iron pin in line ofland now or formerly of Clyde E, Weibley; thence along line of said land now or formerly of Clyde E. Weibley, South 26 degrees 36 minutes 51 seconds East, a distance of 150.34 feet to a post; thence North 59 degrees 33 minutes 40 seconds West, a distance of395.38 feet to a point in the original center line of said 33 feet wide L.R. 21004 known as Kerrsville Road; thence along said original center line of33 feet wide L.R. 21004 known as Kerrsville Road, North 25 degrees 9 minutes 12 seconds East, a distance of 150,64 feet to a point at the Place of BEGINNING, So much of the above-described tract ofland as lies within 25 feet of the original center line of33 feet wide L.R, 21004 known as Kerrsville Road has been described as a portion of the right of way of said road as shown on said subdivision plan for Donald G, Jones recorded as aforesaid, ".~ ~ '> -, ~ --,',' tMlliilik" ... BEING all of Lot No, 3 as shown on said subdivision plan for Donald G, Jones recorded as aforesaid, and contains a total area of 1.368 acres, The above-described tract of land is conveyed under and subject to the following instructions: No mobile home shall be place upon or permitted to remain upon the within-described lot or upon Lot No.2 of the subdivision plan of Donald G, Jones recorded as aforesaid, on or after June 14, 1987, It is to be noted that the driveway shown on Lots No.2 and 3 on said subdivision plan for Donald G, Jones recorded as aforesaid, is notthe access to Lot No, 1 and the owners and occupiers of Lots No, I and 2 have no rights in said driveway, BEING the same premises which Eva A. Mitchell, widow, by Deed dated April 28, 1995 and recorded in the Office of the Recorder of Deeds of Cumberland County on Apri128, 1995, in Deed Book Volume 121, Page 501, granted and conveyed unto Allen S, McGill and Theresa A. McGill, Husband and Wife, GRENEN & BIRSIC, P,C, By:~J..uu.,+;n P N, rAw:t /8-G Kristine M, Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 Parcel No.46-09-0521-052E W~'.:.lli ",=,."'-'=l!ilt_"""?ci."",t,~.I~,~~':,jffi'1ili.~)j!~~,~-'..J:<I:''''''''''''"""il~I1~IiIli' . .~~M'iWfi~M\,HA .___ '''"'"'~''''''-JIIliriII'~1tw'r)'' ~ ~ - -.(q, .... fJ tv ~ ~ -cq ~ i ;4 ~ ...r:: ~ .0 ...(\ !'l w ~ - 8 co c} -0 c... 0 , ~ ~ . -n , ~ ~:: C, 8 ( c 0 .... D '/J " ,:~.~ ~ a 0 c -00) CT'1 ~ () mrTl --0 :::::- I i Z:L ,- -.n I I I -.~ '-.-,LD .<-- t ~ -0 ~";': . . ~ _.,:.::(~) .,... f} ~ !;:Ci :po, j~~ ~ , , - "' ~o )' , , , " ~ :>8 '2 ~~-,;;;; rn - ~~ '-' . - ~ '" " "" ~ <::) 15 --. - -, (}l -< , ,,~ l_ . ' _OJ I" '" i ~, ,,-" ~-"" --"3,' ~ , IN THE COURT QF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIQN CHASE MORTGAGE COMPANY-WEST, f/k/a MELLQN MORTGAGE CQMP ANY, NO,: 01-769 CIVIL Plaintiff, vs, ALLEN S, MCGILL and THERESA A. MCGILL, Defendants, AFFIDAVIT PURSUANT TQ RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Mortgage Company-West, fIkIa Mellon Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Allen S, McGill and Theresa A. McGill located at 437 Kerrsville Road, Carlisle, P A 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM QF ALLEN S, MCGILL AND THERESA A. MCGILL QF, IN AND TQ THE FQLLOWING DESCRIBED PRQPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W. PENNSBORO TWP" CUMBERLAND COUNTY, PENNSYLVANIA, HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE ROAD, CARLISLE, PA 17013, DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E, :;,- ,'I,;.. _' J___-",.') "" '-'<,,,-.j'~ ',-: 1, The name and address of the owners or reputed owners: Allen S, McGill 37 Shagbark Lane Carlisle, P A 17013 Theresa A. McGill 98 Beetam Hollow Road Newville, PA 17241 2, The mune and address of the defendants in the judgment: Allen S, McGill 37 Shagbark Lane Carlisle, P A 17013 Theresa A. McGill 98 Beetam Hollow Road Newville, P A 17241 3, The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Mortgage Company-West, fIkIa Mellon Mortgage Company [PLAINTIFF} 4, The name and address of the last record holder of every mortgage of record: Chase Mortgage Company-West, fIkIa Mellon Mortgage Company [PLAINTIFF] Mellon Bank P,O, Box 149 Pittsburgh, P A 15230 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P,Q, Box 320 Carlisle, P A 17013 P A Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6, The 11aD1e and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE , ~, !ilt~'__ I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S,A. ~4904 relating to unsworn falsification to authorities, GRENEN & BIRSIC, P,c' BY~~ Kristine M, Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~day of ~~N't\.(J 'f'J\,.,2001. a~\)i {'~"'---., f\Cn a~ Notary Public Notarial Seal . Patricia A, Townsend, Notary Public Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania AssocIation of Notaries ~~ri~~j!j:if-'hlfmi""-'JWo\W\"lj"!!l;iili!li.1m!-~;a'~.ti':ilWi,,,.~V';:I""';i"';~4,",R~',""fL"",t<.;,~~,=i,i,h~W1io~~~~IU~~~~~~l>J.IIli!l~~iMllJ= ,,"', .. () 0 () c: 'n 'l': en '""Om ", mfT~ "1:J ' ~p: Z:J' ,-;-:rT1 zr;:- ~g~ C-f)~_;, -<~". ~CJ :Po> ~o ~" "",. -0 S? E5f-rl )>c: -" ~ D ~ (11 '" ~.'"',~_",~~"". ".". _..~"""~''''~",,~_ _~,_,_",~,,,,,,,,~',', ',-i-O'~',"",~.''''',,,,,"-,,=r_, ,,~,~,_ ~__"., ",,," .~I,^-". >. ,,'~,_ ,', w'." . '~,'-,,"h ~".~,.,' " c_ ,., ,',.", ,~',. ~,' c ~>I\'-""'" .. _" ";'C,_'., ~ "-",-j,~ "~",- -I .......:. IN THE COURT QF COMMQN PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DlVISIQN CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MQRTGAGE CQMPANY, NO,: 01-769 CIVIL Plaintiff, vs, ALLEN S, MCGILL and THERESA A. MCGILL, Defendants, AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P,S.101. ET SEQ, AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: CQUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M, Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. ~1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S,c' ~~1701-1715z-18) [35 P,S, ~1680.401C(a)(3)]. '- , ;00.- - , ''''.1;\-" . . .... . Additionally, Plaintiff was not required to send Defendant written notice of Plain tift's intention to foreclose said Mortgage pursuant to 41 P,S, g403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P,S, g101 and the Defendant is not a "residential mortgage debtor" as defined in 41 P.S, glO1. ~i;J;l-~/ SWORN TO AND SUBSCRIBED BEFORE ME TillS ~DA Y OF ~rm(J'PJu2001. (Y,s:\~ \\'Q ~\e~~ Notary Public Notarial Seal Patricia A. Townsend, Notary Public pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, pennsylvama ASSOCiatIOn at Notaries p.:'.ili..->."~""~'-'~fH,I\!J.t-ti~'IilU&~~~~iI~i!dat*,"';;0\':.i<jj,M'i!iiUill!!IUm;"r~'-;,,&,~- '11 ...Iii:. - if;il_~'f =^'-..J....~- '"-. ~~~ ~. >~" ~" c, .!iIMiItI.-~ -~'1 i --' .i. - 0 C) c: ~l'~ ;;;: r/) ""00:1 r'1 nlfT: Z::x:, '"0 " ~ zr' --;----,iTl (J).J.;" ---"i\'U! -<:2: ~l(~) r;::C) ~ J> _,..c_-" L- C) ::t:: ~;'?6 )>0 9 C iSfTI Z ~ =< => Ul '-< " 'Ii , l ! . I~ -~"-- - ~ , :,-J-!~' J" '--"," -,-,~- -_ ~_~ IN THE COURT OF CQMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, D'k/a MELLON MORTGAGE COMPANY, NO,: 01-769 CIVIL Plaintiff, vs. ALLEN S, MCGILL and THERESA A. MCGILL, Defendants, AFFIDA VII OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners ofthe property located at 437 Kerrsville Road, Carlisle, Pennsylvania 17013 are Defendants, Allen S, McGill and Theresa A, McGill, who reside at 37 Shagbark Lane, Carlisle, Pennsylvania 17013 and 98 Beetam Hollow Road, Newville, Pennsylvania 17241, respectively, to the best of her information, knowledge and belief, ~ SWORN TO AND SUBSCRIBED BEFORE ME TillS .&bAY OF '3o~()\'fY\.() '9 r0 ,2001. ~ <;l',II'; C'." 'E\Ch 1'\1\ 'i::{)~ Notary Public Notarial Seal Patricia A, Townsend, Notary Public Pittsburgh, Aliegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association of Notaries ~~~~.gHi9",gtL-dl@b>fM";';M!i~MAA.~~~~8i:,;9.-"~f_';"%l,,""Jjt,",,~g,iJ!!Il',~, -~,,~" .,-~ .,,ell "'---"'- ~ ~ >'-~MIilll!lR;!iili1lWf 'I (") 0 0 c: " s f/) ;:?'lff!, rn ,:,,1., '''0 -;;"-~'" -~~~ -_....,- :z:r; ~~.: !2C) _"--,-, :D' ~,' - .'"0 ~(') ::s: (2(:) ~-rn -0 '2 O. :Pc: .--l ~ :::> ~ ()1 w= ... - < , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND CQUNTY, PENNSYL VANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/kJa MELLON MORTGAGE COMPANY, NO,: 01-769 CIVIL Plaintiff, vs, ALLEN S. MCGILL and THERESA A MCGILL, Defendants, NOTICE OF SHERIFF'S SALE OF REAL ESTATE TQ: Allen S, McGill 37 Shagbark Lane Carlisle, P A 17013 TAKE NOTICE that by virtue ofthe above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, P A 17013 on Wednesday, December 5, 2001, at 10:00 A,M., the following described real estate, of which Allen S, McGill and Theresa A McGill are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S, MCGILL AND THERESA A MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PRQPERTY: ALL THE FOLLQWING DESCRIBED REAL ESTATE SITUATED IN W, PENNSBORO TWP" CUMBERLAND COUNTY, PENNSYLVANIA HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE ROAD, CARLISLE, PA 17013, DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E. - ".- ',. -~~, . , ~, -, ~~ ,--, ~",' '- ' -" !. - ~~ < ~' '''''"~~~'--''''i; The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff, vs, Allen S, McGill and Theresa A. McGill, Defendants at Execution Number 01-769 CIVIL in the amount of $89,728,64, Claims against the property must be filed with the Sheriff before the above sale date, Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days frorn sale date, Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken, A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, you must act promptly. yOU SHOULD TAKE THlS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE, IF YQU DO NOT HAVE A LAWYER OR CANNOT AFFORD QNE GO TO OR TELEPHONE THE OFFICE SET FQRTH BELQW TQ FIND OUT WHERE YOU CAN GET LEGAL ADVICE, Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 Telephone (717)240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property, In order to exercise those rights, prompt action on your part is necessary. ,l''''''' " - -"-'rrt""'~'~'!l;";, You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution, If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service ofthe Complaint for Mortgage Foreclosure and Notice to Defend, you may have the rightto have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time, If the judgrnent is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events, To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SQLD FOR A GRQSSL Y INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE, TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY, THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TQ SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FRQM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF, GRENEN & BIRSIC, P.c. ~ Kristme Nt Faust, Esquire Attorney for Plaintiff ~~""'^". .~ ~'''' " , "" .~ . M"",} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MQRTGAGE COMPANY-WEST, f/k/a MELLQN MORTGAGE COMPANY, NQ.: 01-769 CIVIL Plaintiff, vs. ALLEN S. MCGILL and THERESA A. MCGILL, Defendants, LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the subdivision plan for Donald G. Jones, recorded,in the hereinafter named recorder's office in Plan Book 47, page 160, as follows: BEGINNING at a point in the original center line of33 feet wide L.R, 21004 known as Kerrsville Road at the dividing line between Lots Nos, 2 and 3; thence from said point to the place of beginning along said dividing line between said Lots Nos, 2 and 3, South 59 degrees 33 minutes 40 seconds East, a distance of399.13 feet to an iron pin in line ofland now or formerly of Clyde E, Weibley; thence along line of said land now or formerly of Clyde E. Weibley, South 26 degrees 36 minutes 51 seconds East, a distance of 150.34 feet to a post; thence North 59 degrees 33 minutes 40 seconds West, a distance of 395.38 feet to a point in the original center line of said 33 feet wide L.R, 21004 known as KerrsvilleRoad; thence along said original center line of33 feet wide L.R, 21004 known as Kerrsville Road, North 25 degrees 9 minutes 12 seconds East, a distance of 150.64 feet to a point at the Place of BEGINNING, So much of the above-described tract of land as lies within 25 feet of the original center line of 33 feet wide L.R, 21004 known as Kerrsville Road has been described as a portion of the right of way of said road as shown on said subdivision plan for Donald G, Jones recorded as aforesaid, ~ ~ -~ " -. ~, I~ "' -__t_', BEING all of Lot No, 3 as shown on said subdivision plan for Donald G, Jones recorded as aforesaid, and contains a total area of 1.368 acres, The above-described tract of land is conveyed under and subject to the following instructions: No mobile home shall be place upon or permitted to remain upon the within-described lot or upon Lot No, 2 ofthe subdivision plan of Donald G, Jones recorded as aforesaid, on or after June 14, 1987, It is to be noted that the driveway shown on Lots No, 2 and 3 on said subdivision plan for Donald G, Jones recorded as aforesaid, is not the access to Lot No. I and the owners and occupiers of Lots No, 1 and 2 have no rights in said driveway, BEING the same premises which Eva A, Mitchell, widow, by Deed dated April 28, 1995 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 28, 1995, in Deed Book Volume 121, Page 501, granted and conveyed unto Allen S, McGill and Theresa A. McGill, Husband and Wife, GRENEN & BIRSIC, P,C, By:-1~AlA-kt1 P Ai FA>Ukt /5LG Kristine M, Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 Parcel No.46-09-0521-052E a' -,- ,;'.wk,~"- - 1~~!ttjlfJ;;:dFd-<_""")"'ii,,,.;.-,i,;"',_*J~.giM~fil$lIMtMh'.'H"' -Z~,""",,,,,'_H "" <'>:k<l.',~;"',,j,je-;;;;it-dii;~tWi~ ' >,#;;l,~:),.._"-,~. ^__",",> ., "~_ ,',~"', .=,' ",.,,,_" -',i" ,," "",""""',, h~--'M:~~i~~&!~"""'~~~~~~-~~: ,,,-_,t ,= , "".'"'"''''' ,c o C --0 Et; [TIr" z:~j ZC- (f) "'" .- -</ r:o ~ ~8 Pc: z ::< ,_C ~ p, __, ,_. = it<: I' Ii I' o f~"), U> ", -0 ~ -"'-~ -~:8 '~~--~9 g~ ~ '2 o U1 ~ ,"""",,", - ,~ , " " " " . '1-:',. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, vs, ALLEN S, MCGILL and THERESA A. MCGILL, Defendants. Sale Date: 12/5/01 ) ) NQ,: 01-769 CIVIL ) ) ISSUE NUMBER: ) ) TYPE OF PLEADING: ) Pa, R,C,P, RULE 3129,2(c)(2) ) LIENHOLDER AFFIDAVIT OF ) SERVICE ) ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Mortgage Company-West, f/k/a ) Mellon Mortgage Company ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M, Faust, Esquire ) Pa, I.D, # 77991 ) ) GRENEN & BIRSIC, P,C, ) One Gateway Center, Nine West ) Pittsburgh, P A 15222 ) (412) 281-7650 ) ) ) ) ) ) ) "~= ~ ~ -. ", ___'__'...,h '" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MQRTGAGE COMPANY-WEST, f/kla MELLQN MORTGAGE COMPANY, NO,: 01-769 CIVIL Plaintiff, vs, ALLEN S, MCGILL and THERESA A, MCGILL, Defendants, Pa, R.C-P. RULE 3129.2(c)(2) LIENHOLDER AFFIDA VII OF SERVICE 1, Kristine M, Faust, Attorney for Plaintiff, Chase Mortgage Company-West, f/klaMellon Mortgage Company, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plain tift's Affidavit Pursuant to Rule 3129,1 as follows: 1, By letters dated September 12, 2001, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plain tift's Affidavit Pursuant to Ru1e 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuantto Rule 3129,1, True and correct copies of said Affidavit Pursuantto Ru1e 3129,1 and Certificate of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. ~, ,," . . ~ ~'~ '-~, ';;;;;"{)- I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief, GRENEN & BlRSIC, P.C, BY: ~/G~ Kristme M, Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before methi~&AdaYOf AJolHmhut ,2001. ./) /?;3,hul a/i fjj~ otary Public tJ Notari~1 seal Public Rebecca G. Blazina, Notary unty pittsburgh, AilegMny Co 2 2003 MY commjssi?~",~plres June. . A P "r""'" '~:]i:o <\',sr:datlon ot NotarLS Membe" 0.. ,~,' " ' ," " . .!.-~ .. ~" ., ~ ~." " '~-'. ""'. ''''"iILiRf, . . IN THE COURT OF COMMQN PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/kla MELLON MORTGAGE CQMPANY, NQ.: 01-769 CIVIL Plaintiff, vs, ALLEN S, MCGILL and THERESA A. MCGILL, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY ----- -, Chase Mortgage Cornpany- West, f/kla Mellon Mortgage Cornpany, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real PEoperty5)ff.llenS, McGill and Theresa A. ---MGGi1110cated-at-437-KeFrsville-Read,C-aF1is1e, PA1701.3andis more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S, MCGILL AND THERESA A. MCGILL OF, IN AND TQ THE FOLLQWING DESCRIBED PRQPERTY: ALL THE FOLLQWING DESCRIBED REAL ESTATE SITUATED IN W. PENNSBORO TWP., CUMBERLAND CQUNTY, PENNSYLVANIA. HAVING ERECTED THEREQN A DWELLING BEING KNQWN AND NUMBERED AS 437 KERRSVILLE RQAD, CARLISLE, PA 17013, DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E. .~' .. " - ~ j, - =~ ~~'l'. . 1, The narne and address of the owners or reputed owners: . Allen S, McGill 37 Shagbark Lane Carlisle, P A 17013 Theresa A, McGill 98 Beetam Hollow Road Newville, PA 17241 2, The name and address of the defendants in the judgment: Allen S. McGill 37 Shagbark Lane Carlisle, P A 17013 Theresa A. McGill 98 Beetam Hollow Road Newville, P A 17241 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: '---~-Ghase Mortgage Company-West, f/k/a Mellon Mortgage Company [PLAINTIFF] --AL-The.name and address of the last record holder of every mortgage of record: Chase Mortgage Company-West, f/kIa . .. -Mellon Mortgage Company.' - [PLAINTIFF] Mellon Bank P,Q. Box 149 Pittsburgh, P A 15230 5, The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O, Box 320 Carlisle, PA 17013 PA Dept. QfRevenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7, The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE ~<,-'" H_. '0. ll.\1.1tt!li' . . I verify that the statements made in the Affidavit are true and correct to the best of rny personal knowledge, inforrnation and belief, I understand that false statements herein are made subject to the penalties of I 8 Pa, C,S,A, 94904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C, BY~~U~~ Kristine M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this J&'day of ~~N'I\..CJ 'f'1\..2001. -pn 0~\\. "llblic ccblic ,y l i",. ., c,2003 M~~ber, pennsyi\iania AssocIation 01 Notanes , ~eal U.::'." ::'.IAL::.t: t: MAY BE USED ~6R DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER GP~N~N & n!RS1Cl PC. e:;: C,::;~~'';Jj...Y CUHER or~ete~;p.ostage,~nd g6st maril. ))-~~lir~ of ~ostma~et for;e~urrent ~fie. _ 171'. ~' ~ C}' .";',J' 1,-) '~.f Received From: ,'I PS Form 3817, Mar. 1989 U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: GRENEN & BIR8IC, iOe, ONE GATEWAY canER (OJ! r s Ie PA (10!~ PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: fS- .(3~( ~i!!i!\!;'''''''-.d.i .~ __~;IDIi;I;liia~;;;;;r1i$l' ~ "~, ".JH ":ti"iilii'""-'~~I1'~~~' ';""O'~~'rl .~^-,,_~~~ '~~~-iLtI""~-'''~~)'bH;~~ '/i " " ii " :1 ,- 0 (::J 0 C -',-"I :7 :?: ) V ["- C> IT} i':','\ - ~ .4- ~c I , ~-9 z (0 '.0 -~ ,- , ,. C~) ~~ , ~.(J :+{ ):0- (" -"" ? c~ ~~ L' " rn - ~~:. ',j ':..11 ~ ::2 U1 -< ~ ,,,^ ''''='.,"'~_'r.>..~,", ,.<~,_,_.,,,,=,_,_ ~"_^,_~-"~,<",_-,-~",,,,-,,,,-~, "~ .----:-'-" '" -~~ ~- --.,"'"" ~~ ,~._. ; , t 1 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler It ~____________________________________________________~________________________Recorderof Deeds in and for said County and Slale do 'hereby certify Ihal Ihe Sheriff's Deed in which ______n________ Chase Mtg Co-West fka Mellon Mtg Co . ___________________________.________________________________________________________ u the grantee 5th the same having been sold to said grantee on the _______________________________________________ day of 01 ~~=_____________________________________ A. D., ; _____, under and bil~1.ue of a writ______________ Execution . ______________________________________ __________ ISSued on the ________ _____ ___ ______ ______ __ _______ 01 -----, oul of the Court of Cornman Pleas of said County"as 8\ Sept day of __________________________ A. D., Civil -----...-...----____..._...___________..._______ _____... __~':' _~ _______ _____________ ______ _____ T enn, : "769 Chase Mtg Co-West fka Mellon Mtg Co Number ______________, al tbe suit of n__n_________________________________________________________ allen S Mc~ill &n Theresa A --------------------------------- -- against_ -- - 250 -- - --- - --- ----- ---- S/1---- -- -- -- ---- ---- -- - u duly recorded in Sheriff's Deed Book No. ____________, Page ____________. IN TESTIMONY WHEREOF, I have hereunlo set my hand and seal of said office thu ___'J!?____ day 56 'IVC~ /)'d"'l.- 01 __________________/.___________ A. D., (7"::____ ~-~-------------------- Recorder 01 Deeds - , . .'~ ''-'; .~., t',wfi: , r " ; Chase Mortgage Company - West flk/a Mellon Mortgage Company VS Allen S. McGill and Theresa A. McGill In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-769 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 05,2001 at 1:45 o'clock P.M., E.D.S.T., he served a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the within named defendant, to wit: Allen S. McGill, by making known unto Lisa Verrecchia, adult in charge, at 37 Shagbark Lane, Carlisle, Pennsylvania, its contents and at the same time handing to her personally the said true attested copy ofthe same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 08,2001 at 1:55 o'clock P.M., E.D.S.T., he served a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the within named defendant, to wit: Theresa A. McGill, by making known unto Theresa McGill personally, at 98 Beetem Hollow Road, Newville, Pennsylvania, its contents and at the same time handing to her personally the said true attested copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on October 3, 2001 at 4:46 P.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Allen S. McGill and Theresa A. McGill located at 437 Kerrsville Road, Carlisle, Pennsylvania, according to law. . R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Allen S. McGill, by regular mail to his last known address of37 Shagbark Lane, Carlisle, PA 17013. This letter was mailed under the date of October 9, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Theresa A. McGill, by regular mail to her last known address of98 Beetem Hollow Rd., Newville, P A 1724 I. This letter was mailed under the date of October 9, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5,2001 at 10:00 o'clock A.M., EST. He sold the same for the smn of $50,000.00 to Attorney Kristine Faust for Chase Mortgage Company-West, flkIa Mellon Mortgage Company. It being the highest bid and best price received for the same, Chase Mortgage Company- West, ilk/a Mellon Mortgage Company of 3415 Vision Drive, Columbus, OH 43219, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of 1,998.87, it being costs. , ,. ~heriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of bills Distribution of proceeds Sheriffs Deed $30.00 800.00 15.00 15.00 30.00 10.00 .50 1.00 14.30 4.53 15.00 30.00 200.00 446.75 309.63 25.66 25.00 26.50 $1,998.87 Sworn and subscribed to before me This (5'11::' day of j~ ".{) "1 - 1_ 2001,A.D.C1~ Q.~ othonotary "^ J. .~I.~", ~ . . ~Ji~~~ R. Thomas Kline, Sheriff BY(jA~~ Real Estate Deputy &1 / .,.-J 3D sO I. Ck., 3~3'lS i!.u." /.:2 1'I1i d._ ~ ~ -, .__.. ~-, ....'->iI\:lifui~Il!<..'"l{- '. ; , IN,THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, NO.: 01-769 CIVIL Plaintiff, vs. ALLEN S. MCGILL and THERESA A. MCGILL, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: - -COUNTY OFALLEGHENY , _ _nun Chase Mortgage Company- West, flk/a Mellon Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information ~asofrecord concerning the~~l property of ~lt:.Il_~_McGill an~The~esa A. McGill located at 437 Kerrsville Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND THERESA A. MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W. PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE ROAD, CARLISLE, PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E. _ j'-'"O~ ,""''''''~ ~ , '" '- "~ "~i;:l!~.,i ..... .,' .. 1. The name and address of the owners or reputed owners: , Allen S, McGill 37 Shagbark Lane Carlisle, PA 17013 Theresa A. McGill 98 Beetarn Hollow Road Newville, PA 17241 2. The name and address of the defendants in the judgment: Allen S. McGill 37 Shagbark Lane Carlisle, PAl 70 13 Theresa A. McGill 98 Beetarn Hollow Road Newville, PA 17241 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Mortgage Company-West, flk/a Mellon Mortgage Company [pLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Mortgage Cc.:st, flkla Mellon Mortgage"'Company [pLAINTIFF] Mellon Bank P.O. Box 149 Pittsburgh, P A 15230 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, P A 17013 P A Dept. Of Revenue Bureau ofIndjvidual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE _.~. - - . . , - '.~ -- ~~-' .... j' .. I verify that the statements made in the Affidavit are true and correct to the best of my perspnal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. BY~~~ Kristine M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~day of ~~N't\.(j 'f'JUOOl. a~\) \ ('; r-,,--:, f\~' ~~ Notary Public Notarial Seal I or :::.. ' '~~~3 I :..:;-",:,1 ''-''t'' -., IvHHTloer, Pennsylvania Association ot Notanes J'""""""" ~I _"~ '-"-. , , .~ ,-. ""'~~.i ,. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.: 01-769 CIVIL Plaintiff, vs. ALLEN S. MCGILL and THERESA A. MCGILL, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Theresa A. McGill 98 Beetam Hollow Road Newville, PAl 724 I TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square __ '" Cadisl~tl'A~7013__ ,,_ on Wednesday, December 5, 2001, at 10:00 A.M., the following described real estate, of which Allen S. McGill and Theresa A. McGill are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND THERESA A. MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W. PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE ROAD, CARLISLE, PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E. ",I ~'l.">'~ .-' , -~ 1L':ii~",Ie}, > . . f The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of J , Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff, vs. Allen S. McGill and Theresa A. McGill, Defendants at Execution Number 01-769 CIVIL in the amount of$89,728.64. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 Telephone (717)240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. 4~ . ~ ~ "' - """""~"~<w<.' .- " f , You may have the right to prevent or delaY the Sheriffs Sale by filing, before the sale occurs, , a petition to open or strike the judgment or a petition to stay the execution. Ifthe judgment was entered because you did not file with the Court any defense or objection, ,you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or-equitable right. ' YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTSINTHESHERlFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TE" ',1 U) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. B~L~ Kris ne M. tFaust, Esquire Attorney for Plaintiff - .' , ~'l'~~i 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, NO.: 01-769 CIVIL Plaintiff, vs. ALLEN S. MCGILL and THERESA A. MCGILL, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the subdivision plan for Donald G. Jones, recorded in the hereinafter named recorder's office in Plan Book 47, page 160, as follows: BEGINNING at a point in the original center line of33 feet wide L.R. 21004 known as Kerrsville Road at the dividing line between Lots Nos. 2 and 3; thence from said point to the place of beginning along said dividing line between said Lots Nos. 2 and 3, South 59 degrees 33 minutes 40 seconds East, a distance of399.13 feet to an iron pin in-line of land now or formerly of Clyde E. Weibley; thence along line of said land now or formerly of Clyde E. Weibley, South 26 degrees 36 minutes 51 seconds East, a distance of 150.34 feet to a post; thence North 59 degrees 33 minutes 40 seconds West, a distance of 395.38 feet to a point in the original center line of said 33 feet wide L.R. 21004 known as KerrsviIle Road; thence along said original center line of33 feet wide L.R. 21004 known as KerrsviIle Road, North 25 degrees 9 minutes 12 seconds East, a distance of 150.64 feet to a point at the Place of BEGINNING. So much of the above-described tract ofland as lies within 25 feet of the original center line of33 feet wide L.R. 21004 known as KerrsviIle Road has been described as a portion of the right of way of said road as ~how!! 01) saidsubdh'lSiol!pllill f()r DOl)ald_G. JOl)es recQrde<!lls aforesaid. 1> )=,.-~. ~ -~ - """'-~'0" f BEING all of Lot No. 3 as shown on s;id subdivision plan for Donald G. Jones recorded as aforesaid, and oontains a total area of 1.368 acres. The above-described tract of land is conveyed under and subject to the following instructions: No mobile home shall be place upon or permitted to remain upon the within-described lot or upon Lot No.2 ofthe subdivision plan of Donald G. Jones recorded as aforesaid, on or after June 14, 1987. It is to be noted that the driveway shown on Lots No.2 and 3 on said subdivision plan for Donald G. Jones recorded as aforesaid, is not the access to Lot No.1 and the owners and occupiers of Lots No. I and 2 have no rights in said driveway. BEING the same premises which Eva A. Mitchell, widow, by Deed dated April 28, 1995 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 28, 1995, in Deed Book Volume 121, Page SOl, granted and conveyed unto Allen S. McGill and Theresa A. McGill, Husband and Wife. GRENEN & BIRSIC, P.C. By:-.JJ..uu,-kn P Ai M1.Vd- /5LG Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PAl 5222 (412) 281-7650 Parcel No.46-09-0521-052E ~"'""'"" -. - "',. ~~, ,t "-ii!;BL__,ai,,', . . , IN,THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.: 01-769 CIVIL Plaintiff, vs. ALLEN S. MCGILL and THERESA A. MCGILL, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Allen S. McGill 37 Shagbark Lane Cal'1isle, PA-I-7.G-1-3-- TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor _______LCourthouse_Square,,_ Carlisle, P A 17013 on Wednesday, December 5, 2001, at 10:00 AM., the following described real estate, of which Allen S. McGill and Theresa A. McGill are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND THERESA A MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED INW. PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE ROAD, CARLISLE, PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E. , ",c "",-. ~.. --'~m ~ - .~-", -"' -.~~ ~~' '~'-;' , . The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Cha;e Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff, vs. Allen S. McGill and Theresa A. McGill, Defendants at Execution Number 01-769 CIVIL in the amount of $89,728.64. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the ' Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 Telephone (717)240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. ;'iiM"'~ " . . '. ,J, ~l-_~ M .' , .. , You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the rightto have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF TIIERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN TIIE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. ~~~~ Kristine M. Faust, EsqUIre Attorney for Plaintiff -11-... .~ ] '~ ;. ~. " ~. ~- '~;'--, . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, flk/a MELLON MORTGAGE COMPANY, NO.: 01-769 CIVIL Plaintiff, vs. ALLEN S. MCGILL and THERESA A. MCGILL, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the subdivision plan for Donald G. Jones, recorded in the hereinafter named recorder's office in Plan Book 47, page 160, as follows: BEGINNING at a point in the original center line of33 feet wide L.R. 21004 known as Kerrsville Road at the dividing line between Lots Nos. 2 and 3; thence from said point to the place of beginning along said dividing line between said Lots Nos. 2 and 3, South 59 degrees 33 minutes 40 seconds East, a distance -- --- 'of399.l3 feet toaniroifpin inline of land now or formerly of Clyde E. Weibley; thence along line of said land now or formerly of Clyde E. Weibley, South 26 degrees 36 minutes 51 seconds East, a distance of 150.34 feet to a post; thence North 59 degrees 33 minutes 40 seconds West, a distance of395.38 feet to a point in the original center line of said 33 feet wide L.R. 21004 known as Kerrsville Road; thence along said original center line of33 feet wide L.R. 21004 known as Kerrsville Road, North 25 degrees 9 minutes 12 seconds East, a distance of 150.64 feet to a point at the Place of BEGINNING. So much of the above-described tract ofland as lies within 25 feet of the original center line of33 feet wide L.R. 21004 known as Kerrsville Road has been described as a portion of the right of way of said road assho.WILOfl_saidsubdiYismplan.furJ2gnald G.~nes reco.rde!las aforesaid. !"~.=-~~., 'it"" ~ ,.,.:. ~- -"'-'.'i.lM~"'" ." . . BEING all of Lot No. 3 as shown on said s~bdrvision plan for Donald G. Jones recorded as aforesaid, and oontains a total area of 1.368 acres. The above-described tract of land is conveyed under and subject to the following instructions: No mobile home shall be place upon or permitted to remain upon the within-described lot or upon Lot No.2 of the subdivision plan of Donald G. Jones recorded as aforesaid, on or after June 14, 1987. It is to be noted that the driveway shown on Lots No.2 and 3 on said subdivision plan for Donald G. Jones recorded as aforesaid, is not the access to Lot No. I and the owners and occupiers of Lots No. I and 2 have no rights in said driveway. BEING the same premises which Eva A. Mitchell, widow, by Deed dated April 28, 1995 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 28, 1995, in Deed Book Volume 121, Page 501, granted and conveyed unto Allen S. McGill and Theresa A. McGill, Husband and Wife. GRENEN & BIRSIC, P.C. By:-1~A1A-I-i11 P N. F41LAt- /5LG Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No.46-09-0521-052E ~. '-~"'''''''''r''''''~ ~ ~.. ,-. -" "' .~: , WRIT OF EXECl.l.T1QNimdior ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF.CUMBERLAND) . ' NO. 01-769 CIVIL 1jp{ TE~ CIVIL ACTION - LAW TO THE SHERIFF OF amber] I'IIld COUNTY: To satisfy the debt. interest and costs due Chase Mortgage Canpany - West, f/k/a Mellon Mortgaqe Canpany. PLAINTIFF(S) from Allen S. McGilL 37 Shagbark Lane, Carlisle, PA BOB and Theresa A. McGill, 98 Beetam Hollow Road, Newville, PA 17241 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to natny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to :(l~for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise dispoSing thereOf; . (3) If property ot the detendant(s) not levied upon an subject to attachment is tound in the possessionot anyone other than a named garnishee. you are directedto notny him/her that he/she has been added as a garnishee and is enjoined as above stated. Interest $4,977.37 (6/14/01 to ",,1p) Atty's Comm % Atty Paid $134.92 Plaintitf Paid LL Due Prothy Other Costs $.50 $1.00 Amount Due $84,751.27 Date: September 11, 2001 Curtis R. Long Prothonotary, Civil Division b~fYr\p 8 ~/u~ r----- Deputy REQUESTING PARTY: Name Kristine M. Faust, Esq. GRenen & Birsic, PC One GatCimy Center, Nine "Jest Pittsburgh, FA 15222 Attorney for: Plaintiff Telephone: 412-281-7650 Supreme Court ID No. 77991 Address: '8;,_"j-,,11 -_:;_j!-.I.~"~(i"'d,-lli%";#.-"i:liWilili~~~i~~~iO.l"",1;id.;;,~!~~l~--L'li!OO1jmjJHiliW!J:;w",,'1~11--- , . '. REAL EST ATE SALE No. L\ \ On September 17, 2001, the sherifflevied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, P A, known and numbered as 437 Kerrsville Road, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17,2001 By: ~~~ Real Estate Deputy \.1 1 ~! :}_"l: ' \! ~i,' (' "\..- ] '\" 0(; G 7\ HS \0, 1/ C~) ~ ,ut~!l, .:!:.i I H ':; ~; c: r1.-1'J ::,'iUJO , - '- . ~ ,~ ," j~ ".." ' .. ~:? c;;:u C::U;1. r::::::::J (fi) &\;;a l!> ,~"'~ _'do ,~ ,-, _i_ - . tn~~~',,, . ~! ..' ... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 12, 19,26,2001 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~g~Editor - SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 NOTARIAL SEAL lOlS E. SNYDER, NoIaIy Public CarlIsle Boro. Cumberland County My ComI\1iSSiOn Expires March 5, 2005 REAL ESTATE SALE NO. 41 Writ No. 2001-769 Civil Chase Mortgage Company-West f/k/a Mellon Mortgage Company vs. Allen S. McGill and Theresa A. McGill Atty.: Kristine M. Faust LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate 1n West Pennsboro Town- I ship, Cumberland COWIty. Pennsyl- I vania, more particularly bounded and described in accordance with the subdivision plan for Donald G.- Jones. recorded in the hereinafter named recorder's office in Plan Book 47. page 160. as follows: BEGINNING at a point in the orlgma.I center line of 33 feet wide L.R. 21004 known _as_ Kerrsv1lle Road at the dividing line between Lots Nos. 2 and 3; thence from said point to the place of beginning along said dividing line between said lots Nos. 2 and 3. South 59 degrees 33 minutes 40 seconds East. a distance of 399.13 feet to an iron pin in line of land now or formerly of Clyde E. Weibley; thence along line of said land now or formerly of Clyde E. Weibley, South 26 degrees 36 min- utes 51 seconds East, a distance of 150.34 feet to a post: thence North 59 degrees 33 minutes 40 seconds West. a distance of 395.38 feet to a pOint in the original center line of said 33 feet wide L.R. 21004 known as Kerrsville Road: thence along said origtnal center line of 33 feet wide L.R. 21004 known as Kerrsville Road. North 25 degrees 9 minutes 12 seconds East. a dis- tarice of 150.64 --feet to a point at the Place of BEGINNING. So much of the above-described tract of land as lies Within 25 feet of the original center line of 33 feet wide L.R. 21004 known as Kerrsville Road has been described as a portion of the tight of way of said road as shown on said subdi- vision plan for Donald G. Jones re- corded as aforesaid. BEING all of Lot No. 3 as shown on said subdivision plan for Donald G. Jones recorded as aforesaid, and contains a total area of 1.368 acres. The above-described tract of land is conveyed unger and subject to the following inStructions: No mobile home shall be placed upon or permitted to remain upon the within-described lot or upon Lot NO.-,2 of the subdivision plan of DoDald G. Jones recorded as afore- said, on or after June 14, 1987. It 15 to be noted that the drtve- way shown on Lots No.2 and 3 on said subdivision plan for Donald G. Jones recorded as aforesaid, is not the access to Lot No. I and the own- ers and occupiers of Lots No. 1 and 2 have no rights in said driveway. BEING the same premises which Eva A. Mitchell. widow. hy Deed dated April 28. 1995 and recorded in the Office of the Recorder of Deeds of Cumberland County on Aprtl 28. 1995. ill Deed Book Vol- ume 121. Page 501. granted and conveyed unto Allen S. McGill and Theresa A. - McGill. Husband and Wife. Parcel No. 46-09-0521-052E. . REAL ESTATE SAlE No. 41 Writ No, 2001.769 . , , Civil Term ~hase Mortgage Co.-West . f/k/a MeJlon Mortgage Co. os Allen S. McGill and Theresa A. McGill , . . Atty: K!istlne M. Faust DESCRIPTION ALL tHAt 'cERTAIN tract of land' situated in West Penn~boro' Township, Cumberland County, ,~ennsyh'<lIlla, more particularly bounded and : ~':i~bei:1 in accordance with the ~ubdJvision plan ' tor Donald G. Jones, recorded 'In the hereInafter ~ed recordets office- in Plan Book 47 page .16Q,asfoIlows: ' BE~i1NNIN~ at ~ point in ~e original center line {If 33 feei WIde L.R. 21004 known as Kerrsvi1le .,RQ~ a the, diviuing line between Lnts Nos. 2 and ': ,$; thenc~ ~ro:n, s~d p,oint 10 the place of beginning , ,~I(1ng.salO. dlVlding lme between said Lol~ Nos, 2 :<m.~ 3; South 59 degrees 33 rrllnutes' 40 seconds .~.ast, a dis~e of-399.13 feet to ,m iron pin in , hue of land nQW or formerly of Clyde E. Weibley; , tl1ence ~~& line of said land now or formerly of . ::~ryde.E, \\eJbley, ,south 26 degrees 36 nunutes 51 "~econds East, a distance of 150.34 feet to a post; th~nce N~ 59 degrees 33 minutes 40 secohds " W?,t. a dIstance of 395.38 feet to a noJnt in the ongmal centcr tine of said 33 teet wide L.R. ;UXl-1. knmyn liS": Kcmville RiX!.d, North 25 ,degrees 9 mmutes, 12 secolJd~ EllS!:. a distance of ,J50.64 feet to a point at the Place of , BEGINNING. ': ~ ~ch of !be above-~escribed tract of land as .1ies.wlthfn25 feetofl~eorigina1centerlineof33 fEct ..1dr LR. 21004 known as Kerrsville Road "~~ ,~en d~scribed-a~ a portion oflhe right of way of -smd road as ~ho:)'n on said subdivision plan for Donald G.Jones recorded as aforesaid. :'BE~q all of Lot. No. 3 as shown on said . .sub4t\'I~,OI1,p':lan fo~ Donald G. Jones recorded as ',;U9reSll:lu"aud containS a total area of ! .368 acres 1he above-d~scrlbed tract of land IS l'Onveyc"d un~~~,~d subject tothe following instructions: ~~ mob!le home, shaJ[ be ,placed upon or pennitted , lo,remam upon the, vllt1lln.described lot or upon , .Lot No.2 of the ~tlbdivision plari of Donald G Jones recorded a~ aforesaid, on or after June t4' 1987, ' 'It. is to, ~ noted ~tbe driveway shown an Lots .is?. 2 iJJld 3 011 srnu subdivision plan for Donald U. Jones re(;urded anforesaid,Js not the acccss to. Ll?t.Noo I and tbe o.\I'ners Hnd oCClIplers of Lots ',No. 1 and 2 hnve lip rl:ght~ in said driveway. ,~ING the same premises which EVlI A. .Mitrhell, 1't1~QW, ~y Dce~ dated April 28, 1995 and recorded,ill the omc;~ of the Recorder of Deeds of .Oiinberland County :6n April 28, [995, in Deed 'Book \:olume 121.,... Page 501, granted and ~v~yeq ul)to Allen,: S. McGill and Theresa A. 'MCGll1,husbandand"1,I,'ife W...~CE[t'46-09.0521.[j52E. :;~;.-,,,- - bJ -~ - " ~ . " - ,.'c:o ill A'''!;.,~'''" "'-:" '. , "" . THE PKTRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in ,::::,,~:~:::;og " 0.00' ;0 .. ''''.,c~o"o'~"'~;or~'''O~",:~~.mm COpy 's 19th d of N ber 2001 AD. Notanal Seal , S ALE #41 re,lY L Russen. NotalY Public Harrisburg, Dauphin County My Commission Expl,es June s. 20 NARY PUBLIC Member Penn.ytvania Association ot Nolan" .. . , My commission expires June 6, 2002 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 308.13 1.50 309.63 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By....n.............................................................. , . , , '" " l!i-~~_!!ljjl!!i;j...I,ii30- ~ . .... . -.- . SCHEDULE OF DISTRIBUTION SALE #41 Writ No. 2001-769 Civil Term Chase Mortgage Company-West, fik/a Mellon Mortgage Company VS Allen S. McGill and Theresa A. McGill Sale Date: Buyer: Bid Price: December 5, 2001 Chase Mortgage Company-West flk/a Mellon Mortgage Company $50,000.00 Real Debt: Interest: Writ Costs: $84,751.27 4,977.37 134.92 Total $89,863.56 DISTRIBUTION: Amount Collected: Legal Search: Sheriff s Costs: $1,998.87 200.00 1,798.87 So Answers: 1'~~"'''''<#~ R. Thomas Kline, Sheriff - .~ - . ,. ,- - ,. " ','-~ '. ' J " "'-';,' " < . .' . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 41 Held Wednesday, December 5,2001 Date: December 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Eva A. Mitchell, widow, by deed April 28, 1995 and recorded April 28, 1995 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book 121, Page 501 granted and conveyed to Allen S. McGill and Theresa A. McGill, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the ~oadbed ofL.R. 21004, known as Kerrsville Road, dedicated 25 feet from the center line. 6. Conditions, easements and restrictions shown on or set forth on the Final Subdivision Plan for Donald G. Jones recorded in Cumberland County Plan Book 47, Page 160 and as shown on or set forth on the Final Subdivision Plan of Clyde E. Weibley, recorded in Cumberland County Plan Book 27, Page 102. 7. Building and use conditions and restrictions as set forth in the deed of Eva A. Mitchell ~.~~ ~ . '" . , ... ,~ ., - 1,-,.., ....,>'''~ . ' ' . . . ., <" 8. and recorded in Deed Book 121, Page 502 as follows: "No mobile homes shall be placed upon or permitted to remain upon the within described Lot or upon Lot #2 of the Subdivision Plan of Donald G. Jones recorded as aforesaid, on or after June 14, 1987." Mortgage in the amount of $80,900.00 given by Allen S. McGill and Theresa A. McGill to Consumer First Mortgage, Inc. dated Apri128, 1995 and recorded April 28, 1995 in Mortgage Book 1260, Page 716. Assigned to Resource Bancshares Mortgage Group Inc., by instrument recorded in Miscellaneous Record Book 495, Page 344. Further assigned to Mellon Mortgage Company by instrument recorded in Miscellaneous Record Book 506, Page 1091. Complaint filed by Chase Mortgage Company - West, formerly known as Mellon Mortgage Company as Plaintiff against Allen S. McGill and Theresa A. McGill as Defendants in the Office of the Prothonotary of Cumberland County on February 8, 2001 to file No. 01-769. Default judgment in the amount of $84, 751.27 entered June 15,2001. 9. Mortgage in the amount of $34,179.11 given by Allen S. McGill and Theresa A. McGill, to Mellon Bank, N.A. dated March 17, 1998 recorded March 18, 1998 in Mortgage Book 1438 Page 854. 10. Rights granted by Clyde E. Weibley and Doris R. Weibley, his wife to the Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 248, Page 36. 11. Rights granted by Raymond E. Shearer and Jennie R. Shearer, his wife to Carlisle Gas and Water Company by instrument recorded in Miscellaneous Record Book 65, Page 582. 12. Rights granted by Raymond E. Shearer and Jennie R. Shearer, his wife, to American Telegraph and Telephone Company by instrument recorded in Miscellaneous Record Book 70, Page 103. 13. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 14. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property . 15. Real estate taxes accruing on and after January 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House BiI11412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Ro ert G. Frey, Agent Note: This Title Report shall not be vali r inding until countersigned by an authorized signatory. ~ .........~--~., . REAL ESTATE SALE ffO. 41 . <<, Writ No. 2001-769 Civil Chase Mortgage Company-West f/k/ a Mellon Mortgage Company VS. Allen S. McGill and Theresa A. McGill Atty.: Kristine M. Faust LONG FORM DESCRIPTION ALL THAT CERTAlN tract of land situate in West Pennsboro Town- shIp, Cumberland County. Pennsyt' vania, more particularly bounded and described in accordance with the subdivision plan for Donald G. Jones. recorded in the hereinafter named recorder's office in Plan Book 47. page 160, as follows: BEGINNING at a poInt In the original center line of 33 feet wide L.R. 21004 known as Kerrsvtlle Road at the dividing line between Lots Nos. 2 and 3: thence from said point to the place of beginning along said dividing line between said Lots Nos. 2 and 3, South 59 degrees 33 minutes 40 seconds East. a distance of 399.13 feet to an iron pin in line of land now or formerly of Clyde E. Weibley; thence along line of said land now or formerly of Clyde E. Weibley. South 26 degrees 36 min- utes 51 seconds East. a distance of 150.34 feet to a post: thence North 59 degrees 33 mInutes 40 seconds West. a distance of 395.38 feet to a point in the original center line of said 33 feet wide L.R 21004 known as Kerrsv1lle Road; thence along said original center line of 33 feet wide L.R. 21004 known as Kerrsville Road. North 25 degrees 9 minutes 12 seconds East, a dis- tance of 150.64 feet to a point at the Place of BEGINNING. So much of the above-described tract of land as lies wtthIn 25 feet of the original center line of 33 feet wtde L.R 21004 known as Kerrs- ville Road has been described as a portion of the right of way of said road as shown on said subdivision plan for Donald G. Jones recorded as aforesaid. BEING all of Lot No. 3 as shown on said subdivision plan for Donald G. Jones recorded as aforesaid. and contains a total area of 1.368 acres. The above-descriQed tract of land is conveyed under and subject to the following instructions: No mobile home shall he placed upon or permitted to remain upon the within-described lot or upon Lot No.2 of the subdivision plan of Donald G. Jones recorded as afore- said, on or after June 14. 1987. < ~" , ~ .'1 'l1llljill"'"'='~'~' ; ~ It is to be noted that the drive- way shown on Lots No. 2 and 3 on SaId subdivision plan for Donald G. Jones recorded as aforeSaid. is not the access to Lot No. I and the own- ers and occupiers of Lots No. 1 and 2 have no rights in said driveway. BEING the same premlses whIch Eva A. Mitchell. WIdow. by Deed dated Apr1l 28. 1995 and recorded In the qffice of the Recorder of . Deeds of~, C1:1mberland County on Apr1l 28. 1995. in Deed Book Vol- ume 121. Page 501. granted and conveyed unto Allen S. McGill and Theresa A. McGllI. Husband and Wife. . Parcel No. 46-09-0521-052E. !