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Home My WebLink About01-7113 FX ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff NO. 0/- ./lIt!;; Ou~CTWr, v. MORTGAGE FORECLOSURE CLAUDE WHEELER, SR. and PATSY L. WHEELER Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims setforth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990.9108 Date: December 13, 2001 KEEFER, WOOD, ALLEN & RAHAL By:i~ E ene . epinsky, Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff )_~Jl!L . <,,~', '" _,~ .~., ~~,~'^" _ '~'~'~"'.~~""'=,''''''___.'I'it''''"'~.~ I.~".",~,,, "'." ~ .-:'C . ,,,.,~" _' .'.'" , ""_"{<'""';~ "cD'" e..c', t" ~ ..':':\.."'f"o ~;"'F'"" ,..",."..".;.,,,,."~.. .~'_",-,.~~"~.,.-,~~ ',,' _ ~-.' """~.~,_ " m~""",.,..,~*,~,_ J _ . " ;,', i~1 ,. ;1 , :~i ,'< "I , ~ )1 -,:, ',',' ',:'1'S!_!ll~,.,. ".. ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.DI- 7/IJ C?to~l y~ Plaintiff v. MORTGAGE FORECLOSURE CLAUDE WHEELER, SR. and PATSY L. WHEELER Defendants NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tlene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que sl usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE EST A DEMANDA A UN ABODAGO INMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free; (800) 990.9108 KEEFER, WOOD, ALLEN & RAHAL By: ~~ Eu ne . P pinsky, Jr. Attorney 1.0, #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Date: December 13, 2001 Attorneys for Plaintiff ~~.. ,. "._.""''>''''~~' ~""=--~''''''''''''''~''',",...""., ""'~''''''''",.'~'. ~"'~';;__~_"",JJf'-"""p-,,/~.rt""'!-1'"7",'__-'""'-,'-'~:""~"'_" "0'"':""?"~"', _"'__C ,",r.,.".. - ,,,,___,,,,. <""""'" __,,"' ,~. ~ ,_; ., ..'_ '".~~.',~,_', ~. I~ -.... ',' , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Cl- '7/13 (!;C,)~l~'i/2-Jj ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY v. MORTGAGE FORECLOSURE CLAUDE WHEELER, SR. and PATSY L. WHEELER Defendants COMPLAINT 1. Plaintiff Allfirst Bank, successor to Dauphin Deposit Bank and Trust Company, is a Maryland state-chartered commercial bank, with an office at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendants Claude Wheeler, Sr. and Patsy L. Wheeler are adult individuals, Defendant Claude Wheeler, Sr. currently resides at 1920 Alcott Avenue, York, Pennsylvania 17402. Defendant Patsy L. Wheeler currently resides at 233 Green Lane Drive, Camp Hill, Pennsylvania 17011. 3. Defendants are the owners of a tract(s) or parcel(s) of land with buildings and other improvements thereon located in the Borough of Lemoyne, Cumberland County, Pennsylvania (the "Premises"). The Premises are more fully described hereinafter. 4. On or about November 20, 1998, Defendants, for good and valuable consideration, executed and delivered a SuretYShip Agreement to Plaintiff for and on account of the obligations of West Shore Radiator Works, Inc. (the "Suretyship"). ',.l1I!'!'!! ...,_._,..... ... .._. _..___....,<._.......,_.. ...._.~#. ..,4.....#..#....'%......".,.".""..'0.......,"''"',.""''.,.,.'.,"',..'," ".,....... S','.>- ........ ... "",'_... . I. 5. On or about November 20, 1998, Defendants executed a Mortgage in favor of Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Record Book 1509, page 1052. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit A, 6. The failure of the Defendants, among other things, to pay when due and payable the payments under the Suretyship constitutes a "default" as defined under the terms of the Mortgage, 7. The Defendants have failed and refused, among other things, to make payments due and payable under the Mortgage. 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendants, the Plaintiff may accelerate and demand immediate payment of all sums due under the Mortgage. 9. The sum presently due and payable to Plaintiff by Defendants which is secured by the Mortgage is computed as follows: b. Unpaid Principal Accrued Interest through 12/13/01 $ 295,500,00 a. TOTAL 19,843.03 $ 15.000.00 $ 330,343.03 c. Attorney's Fees . .. 10. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 ("Act 91 ") was not required. 11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. - 2 - "'~"' ,,'~, u.~. ._u.... -... . .....,....._,'",,'w._...y,.CO................d."......... ...?..... "",,-. _. ..-._......~.^'u....H'.... .......,.. .,. ". WHEREFORE, Plaintiff demands judgment in the sum of $330,343.03, together with interest as may accrue from and after December 14, 2001, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises, KEEFER, WOOD, ALLEN & RAHAL Date: December 13, 2001 By: ~~~~~kY' Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255.8051 Attorneys for Plaintiff - 3 - ",~i~,.d ," ''''~'-- ,,~,',"" '''''''''''"'-'''..'' . ",'=-"".. ""_,,"_.-J ','!:~ "-,, """"~'.In'.,-, ~~, ,'r;"\"'-'''''';'',~-/('1''''~"W",.~,,'' ,>Y"-:''':~ ;'~"'."'~--,;F''':'''' ~,'," -- -, -,~~. :"'>, _"""~.''''.''';; ,-".ro- e'~<,~~ _.,.'oHf'.- ",V~'w' -' - - -- _'c-',...,-.__, .' ",,--q~ -- r- VERIFICATION The undersigned, Kenneth L. Milliken, t)ereby verifies and states that: 1, He is Assistant Vice President of AlIfirst Bank, Plaintiff herein; 2, He is authorized to make this Verification on its behalf; 3, The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa, C,S, ~ 4904, relating to unsworn falsification to authorities, 7~C~-&' Kenneth L. Milliken Dated: December /3., 2001 ';"1)1 r ~ .. ""~, -. ... ..~" "',"",~~,'"""'~"_"",,""."".,,,'"",."".,,,.,,,.,,,. .,',k"'".'....Cu.q,.","". '.' , '".' , '~."'.'~;--"~{" -' <"." '-\; ,jJ \ \ 1:.-, WfSr~I\Q(e MORTGAGE RuL 1-+)) We')'); nIT 'frAUPHIN DEPOSIT BAN){ AND TRUST COMPANY BANK OF PENNSYLVANIA . FARMERS BANI< . VALLEYBANK D~'-/J- 7\d - OOJ!0:C?) (Bank of PennsyTvania, Farmers Bank and Valleybahk are divisions of Dauphin Deposit Bank and Trust Company) THIS MORTGAGE made this J. 0 +_h dc....O 'ND\) QAY, ~< I ~, between r.l ::111np tJhpp 1 PT, q,r ~nr1 P~t QY T. l:.Jl-u:)p 1 AT (whether one or more, called "Ownerll) and DAUPHIN DEPOSIT BANK AND TRUST COMPANY, with an office located at 213 Market Street, P.O. Box 2961. Harrisburg, Pennsylvania 17105 (called gLender"). WHEREAS. lender has agreed to make a loan to WP~t ~hnrp ~~n;Atnr ~or~s~ Inc. (called "Borrower") in the principal amount of $ 400,000,00 (the "Loan"): and WHEREAS. Owner desires to grant this Mortgage to lender for the purpose of securing to Lender the Borrower's repayment of the Loan. NOW. THEREFORE. in consideration of the above premises, Owner does hereby mortgage, grant and convey to lender all of the following described real estate, together with all improvements now or hereafter constructed, and all easements. rights and appurtenances thereon (the YMortgaged Property"), located at: 1. T pmoynf' Boron,V1 (City, Bora.. Twp-l 2. (City, Boro., Twp.) and Commonwealth of Pennsylvania, known as: 1. Sf'e Attachf'd Exhjhit "A" 2. For title into Owner. see Deed recorded in the County of lJtmhprl,.nn 1, in Deed/Record Book , Volume . Page 2. in Deed/Record Book , Volume , Page . ..t: -'-", IXJ If this box is checked. a more particular description of the Mortgaged Property is attached hereto as Bhibit "A" and incorpGflDted h~(et,{by reference. ,. Owner and lender covenant and agree as follows: 1. This Mortgage secures to lender the repayment of all amounts. with interest thereol), advanced to Borrower by lender pursuant to the Loan. This Mortgage also secures the .unpaid balances of advances made with respect to the Mortgaged Property for the payment of taxes, assessments. maintenance, insurance premiums or costs incurred for the protection of the Mortgaged Property or the lien of the Mortgage, late tees imposed under the provisions of this Mortgage and expenses incurred by the lender by reason of a default by the Owner under this Mortgage or the Borrower under the loan, plus interest thereon as permitted by the documentation evidencing the Loan. This Mortgage further secures the performance of all covenants contained in this Mortgage and the documentation evidencing the loan, and all extension, renewals, modifications and amendments thereof (the "loan Documents".). 2. THIS MORTGAGE IS INTENDED TO BE AN "INDUSTRIAL PLANT MORTGAGE" within the broadest interpretation of the Yindustrial plant mortgage doctrine" under the laws of the Commonwealth of Pennsylvania to the extent that such doctrine is applicable to this Mortgage. Accordingly, the Mortgaged Property sh~1I be deemed to include all plant, equipment. apparatus. machinery, fittings, appliances, furniture. furnishings. fixtures and other items of personal property and replacements thereof owned by Owner, now or at any time hereafter affixed or attached to, incorporated in, placed upon, or in any way used in connection with the current or future utilization. enjoyment, occupation or operation of the Mortgaged Property. 3. If the loan secured by this Mortgage is made to the Borrower to acquire the Mortgaged Property, this Mortgage shall be a PURCHASE MONEY MORTGAGE_ 4. Owner represents and warrant:; to lender that Owner has fee simple title to the Mortgaged Property and the right to mortgage the Mortgaged Property to lender. 5. Owner will maintain the Mortpaged Property in goad repair, order and condition. Owner will not commit nor permit any waste, nuisance, impairment or deterioration of the Mortgaged Property. lender's representatives may inspect the Mortgaged Property at any feasonable time or times and may require, at Owner's expense. environmental reports to determine compliance with applicable law. Owner will not bring nor permit any lessee of all or part of the Mortgaged Property to bring any hazardous substance or waste onto the Mortgaged ~roperty. for storage, processing, distillation, treatment, manufacturing, disposal. release or any ather purpose, unless with lenders prior specific written approvaJ. which approval may be withheJd with or without just cause. Owner will comply with all applicable laws, regulations and ordinances, federal, state and local. relating to the use and possession of the Mortgaged Property. 6. While Owner has been in possession of the Mortgaged Property. there has been no use, manufacture, storage, treatment. disposal or release of any hazardous substance or waste on, under or about the Mortgaged Property. nor is Owner aware of the existence of any such activities occurring on the Mortgaged Property prior to Owner's possession of the Mortgaged Property, which activities have not previously been disclosed in writing to Lender. Neither Owner nor the Mortgaged Property is the subject of pending or threatened litigation, regulatory proceedings or investigations regarding any --116-1 eOQ~15a9 rACE1052 12/96 . ';;)~!JlliW!"''''^'~~ tIT, ~~"J ~, ~r ~ ".~ "r '"'j'p'" ,,",m""'1 ~',- , ~ ~ n f ~~_...!_~, r~~~ n "~ ~ '-I .~teil hazardous ,substances or waste, or other activitiec nduclcd on or about the Mortgaged Property, which. d not previously.beert disdosed in wr:ting to. Lender. As used in this Mortgage, "hazardous substance or waste" means any substance, pollutant or material which does not occur natural'ly on the" Mortgaged Property and which is defined as. or designated in. any federal, stafa or local statute, ordinance, rule or regulation as a "hazardous subs.'ance," "toxic substance," "hazardous materia!," "hazardous waste," "restricted hazardous waste," "pollutant," "toxic pollutant" or words of similar meaning. 7. Owner hereby agrees to defend, indemnify and hold harmless lender, its directors, officers, employees, agents. contractors, subcontractors, licensees and lnvitees, from and against any and all claims. demands, judgments, damages, actions, causes of action. injuries, administrative orders. consent agreements and orders, liabilities, injuries, penalties. costs and expenses of any kind whatsoever, including claims arising out of loss of life. injury to persons, property or business and/or damage to natural resources. whether or not occasioned wholly or in part by any condition. accident or event caused by any act or omission of Owner which arises out of the actual or threatened storage, processing. distillation. treatment, manufacturing, disposal. release or any other use of any hazardous substance or waste on, under or about the Mortgaged Property. Owner shall bear. pay and discharge when and as the same become due and payable, any and all such judgments or claims for damages. penalties or otherwise against lender, and shall hold lender harmless for such judgment or claims. and shall assume the burden and expense of defending all suits, administrative proceedings and negotiations of any description with any and all persons, political subdivisions or governmental agencies arising out of any of the occurrences set forth herein, 8. Owner will pay all taxes, assessments, ground rents and governmental charges when they come due. and all other charges of any kind which are levied on the Mortgaged Property at any time and which. if unpaid, would result in a lien or other security interest in the Mortgaged Property. Owner will deliver to lencjer, on request, all receipts evidencing such payment. Neither Sorrower nor Owner will claim a credit under the loan or this Mortgage for sllch paymen;!;. 9. Owner will at all times maintain insurance on the Mortgaged Property of such kinds, in such amounts, with such companies and with such mortgagee or loss-payable clauses as are satisfactory to Lender. Owner will promptly provide evidence of such policies to lender. including, at lender's request. paid receipts. Owner shall not engage in nor permit any lesSee of all or any part of the Mortgaged Property to engage in any activity on the Mortgaged Pr()perty which would require an increase in insurance premiums or. if resulting in loss or damage to the Mortgaged Property, would not be covered by su(:h insurance. Owner shall notify lender of any loss or damage to the Mortgaged Property, submit to such insurers a proof or proofs of loss, and apply the proceeds of any such insurance to the repair of the Mortgaged Property or to reduce the outstanding balance of the loan, at lender's election. Lender is hereby authorized. without notice to Owner, to file such proof or proofs of loss on behalf of Owner. if Owner fails or refuses to do so, and to sign Owner's name to any check. draft, or other instrument in payment of insurance proceeds. Owner hereby irrevocably appoints lender as its attorney-in-fact for the purposes set forth in the preceding sentence. In the event that title to the Mortgaged Property is transferred to the Mortgagee, by reason of foreclosure of this Mortgage or in full or partial satisfaction of the Loan. or otherwise, all right, title and inter8$t of the Owner in and to all insurance policies and renewals thereof then in force shall pass to the Mortgagee. 10. The ptoceeds of any award or claim for damages, direct or consequential. in connection with any condemnation or other taking of the Mortgaged Property. or part thereof, or conveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender, subject to the terms of any prior mortgage or security agreement. The proceeds of such award may. at Lender's election, be used to pay the outstanding balance of the loan. 11. Owner will not sell, give, tra~sfer, encumber or lease the Mortgaged Property or any right in the Mortgaged Property, in whole or in part, without Lenders prior written approval. which approval may be withheld with or without just cause. 12. Owner shall be in defdult unoer this Mortgaue If lJwner breCii{s any pre'mise or fails to perform any dUlies contained in Ihis Mortgage or if Borrower shall fail to pay any sums owing under the loan when due or fail to perform any of its duties under the loan Documents or if any representation or warranty cc>ntained in this Mortgage or in any other Loan Document shall have been false when made. 13. If Borrower shall fail to pay any installment of principal and/or interest owing under the loan within ten (10) days after the installment is due. this Mortgage alsl:) shall secure the payment of a Late Charge of five percent (5%) of such installment to the lender. The ass~ssment of a Late Charge shall be for the purpose of defraying the expense incident to handling the delinquent payment and shall not be construed as a waiver by the lender of. or in substitution for. its rights and remedies provided under this Mortgage. any other loan Document or by law. 14. Upon default. lender. after notice required by law or under the loan Documents, may take any action allowed by law or under the terms of the loan Documents'or this Mortgage for the enforcement of this Mortgage for the entire unpaid balance of the amounts secured hereby, all costs of suit and lender's reasc>nable attorneys' fees. 15. Owner hereby waives and releases all benefit and relief from any and all appraisement, stay and exemption laws or rules 0'-' court now or hereafter in effect. whether for the benefit or relief of Owner. or limiting the balance due to a sum not in excess of the amount actually paid by a purchaser of, the Mortgaged Property at a sale thereof in any judicial proceedings on this Mortgage. or exempting the Mortgaged Property or any other property or any part of the proceeds of sale thereon from attachment, levy or sale under execution or providing for any stay of execution or any process. 16. Any extension of time for payment or reduction of the amount due under the loan Documents which is granted by Lender to Borrower shall not operate to release Owner under the terms of this Mortgage. Any forbearance by lender in exercising any right or remedy under this Mortgage or otherwise aff()rded by applicable 1~IW shall not be a waiver of or preclude the e~ercise of any such right or remedy. 17. lendtlr's rights an:J remedies under this Mortgage shall be cumulati','e and the exercise of anyone or more of these rights shall not preclude the exercise of any other righ1s or remedies specifically granted in this Mortgage or permitted by law. 18. The Covenants and agreements herein contained shall bind and the rights hereunder shall inure to the respective successors and assigns of the parties. If more than one Owner signs this Mortgage. their obligations shall be joint and several. 19. As additional security hereunder. Owner hereby assigns to lender the rents of the Mortgaged Property. provided that Owner shall. prior to the declaration of a default. have the right to collect and retain such rents as they become due and payable. 20. This Mortgage shall be governed by the laws of the Commonwealth of Pennsylvania. The foregoing sentence shall not limit the applicability of federal law t<) this Mortgage. In the event that any provision or clause of this Mortgage or of the loan Documents conflicts with applicable law. such conflict shall not affect other provisions of this Mortgage or loan Documents which can be given effect without the conflicting provision. and to this end the provision, of this Mortgage and the loan Documents are declared to be severable, Bood5G9 PAGE1053 CE-116-2 12/95 '"-~~~;11I~j"..tli':'i'.\""'F''''''''''''''''__''''_~''''''_ffil<r~~F~.~. ~'"."""",'_~ ~ ~~. " ~ .~, =- 2.~L Owner agrees that any interest payable after a judgment is entered, or on additional sums advanced, shall be at the same rate as is stated in the Loan Documents. PROVIDED, nevertheless, that should lender's obligations to mak~ advances to Borrower pursuant to the terms of the loan be terminated, and provided furthermore. that should Borrower pay in full all sums secured by this Mortgage, then, upon written demand of Owner. Lender shall either satisfy this Mortgage of record or deliver a written release of this Mortgage to Owner. IN WITNESS WHEREOF. Owner has caused this Mortgage to be executed as a document under seal the day and year first above written. WITNESS/ATTEST: OWNER: Claude Wheeler, Sr. and Patsy L. Wheeler (SEAL) ~~/ - ./ (SEAL) By: (SEAL) By: (SEAL) (Corporate Seal) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C\.L\fY\ btr\(\Y'\O- SS: On thiS, the ~V\.-~ day oi (\()v'",-b"t.~ (,.\ (\ u,dQ k)YIPelfl.y- ~ ( I '+ ~~'S '-I Owner(s) I fiyfj . before me, the undersigned officer, personally appeared t.., LUhpo h} \'""" known to me (or satisfacto~ily proven) to be the person(s) whose Name(s) is (are) subscribed to the within instrument. and acknowledged that he/she/they executed the same for the purpose therein contained or, to the extent applicable, that he/she/they is/are the (Vice) President(s) of the Owner (if a corporation) or General Partner(sl of the Owner (if a partnership) and that. being authorized to do so. he/she/they executed the within instrument as and for the act and deed of the corporation or partnership by himself/herself/themselves as such officer(s) or general partner(s) and causing the corporation's seal. if applicable. to be applied thereto. IN WIT~:~~~:~,~f-~EOF. I have' hareto set my hand and notarial seal. , '. sy/..;/r:J.i,:. ~ i.:iJ'ir':'!flV''''''-~~''- , :!~~~':~~'<'~ -., .""'~~'":::~/'.~:C-. 'y.l~ 't.;.;,,:':;'::'J;:: .~. ,-,,'. .,: ~rl '\;'"""~4~ '1'1,,; NolarialSeal : """..' .',,",,; ,ov.,../,.. ~ ~. ,. . ~ary S, HarlllCher. Notary Pub/,'c ..~~k~~~;.,~ ':~~';';,~ ~~"~~"""~ : '~" .....moyne Boro. Cumberland Count~ :' ~.1i ,,," . ~';;,",.'"'~' :I.,..J!., u;, CommIsslo. E'pl~s July 29, 20 2 ,!.I" ".9fl.'" ".'1"'.... J,j' '. ~;.' ....,,, ... "';;. 0' .!,:'fI.,~.~.",:"" ~,j/ ~f"';.'-"'''''-;~v ~". Member, Pennsylvania A&SQciallOl1 01 Notaries '" "7:,~!:~ft"~,1 ,,~,~.,.), r HEREBY CERTIFY thtlt tha precise residence of the Mortgageels) 'tlOd person entitied 10 interest on this Mortgage is DAUPHIN DEPOSIT BANK AND TRUST COMPANY, 213 Market Street. P.O. Box 2961, Harrisburg, Pennsylvania 17105. Attention: Commercial Loan Operations s. ~~C~ Notary LS. By: ~.~ RETURN THIS DOCUMENT TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY P.O. Box 2961. 213 Market Street Harrisburg. Pennsylvania 17105 Attn: Commercial Loan Operations BOOK 1509 PACE1054 CE-116-3 12/95 "'=~><."""=,~~~--- ""'...... DATED: FROM: TO: I I I , i i \ I I I I I I - ALL THOSE CERTAIN tracts of land situate in the Borough ofLemoyne, Cumberland County, Pennsylvania. I more particularly bounded and described as follows, to wit: EXHIBIT "A" OOO1.70:0041EIJanuary 17. 19~c ", HNLB1596S0.1 MORTGAGE !C ~. Claude Wheeler, Sr. and Patsy L. Wheeler DAUPHIN DEPOSIT BANK AND TRUST COMPANY LEGAL DESCRIP110N OF REAL ESTATE TRACT NO, 1: BEGINNING at a point on the northern Une of Willow Street 56.97 feet from the northeast intersection of 7th Street and Willow Street; thence North 38 degrees 25 minutes West, 79.78 feet to a point; thence North 51 degrees 35 minutes East, 87.s0 feet to a point; thence South 38 degrees 25 minutes Easr, 95.86 feet to a point on the northern line of Willow Street; thence South 62 degrees West, 88.97 feet to a point, the place of BEGINNING, BEING Lot NO.5 on the Final Resubdivision Plan for West Shore Radiator Works recorded in Plan Book 40, Page 66. HA VING THEREON erected a one story aluminum siding building known and numbered as 671 Willow Slreet, Lemoyne, Pennsylvania. TRACT NO.2: BEGINNING at a poinl on the southeast corner of the State Road and a 20 feet wide alley; thence in an easterly direction along the southern line of State Road, 35 feet to a point at the line of Lot No. 83 in said plan; thence along the line of Lot No. 83 in a southerly direction, 154 feet, more Or less, to the line of a 20 feet wide alley; thence along the northern Une of said 20 feet wide alley known as Erbs Avenue; thence along the last mentioned 20 feet wide alley in a Northerly direction, 146 feet, more or less, to the southern line of State Road, the place of BEGINNING. BEING Lot No. 82, North Rlverton, in Plan of Lots known as Plan No, 3 North Riverton, Pennsylvania. ' recorded in Plan Book I, Page 40, Cumberland County Records. HA VlNG THERE ERECTED a frame dwelling known as 680 State Street. -17. BOOK 1509 PAGE1055 .~~~~'o/,~: 7"~", I; __."' ,"~^7,:, ,\". .'~ ,- ,C ':"'1" ,~" ., "'" , ~ - - ~. ,"~,~ ''-''-''I~''!W'~<P__'"'' OOOI.7ll-0041~I!anuary 17, 199' ~\'{INLBI59650_1 TRACT NO.3: BEGINNING at a point 52.50 feet from the southeast corner of State Street and an alley; thence along the southern line of State Street North 51 degrees 35 minutes East, 35,00 feet to a point; thence South 38 degrees 25 minutes East, 75,00 feet to a point; thence South 51 degrees 35 minutes West, 35,00 feet to a point; thence North 38 degrees 25 minutes West, 75.00 feet and passing through the partition wan of the house erected thereon to a point, the place of BEGINNING. BEING Lot No.3 on the Final Resubdivision Plan for West Shore Radiator Works recorded in Plan Book 40, Page 66, Cumberland County Recorder of Deeds Office and improved thereon with a two and one.half story semi detached dwelling municipally known as 674 State Street, Lemoyne, Pennsylvania. TRACf NO, 4: ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Lemoyne, County of Cumberland, Cvrrunvnwea1th of PelUlsylvania, being more panicularly bounded and described in accordance with a Plat of Survey prepared by Michael C. D'Angelo, Registered Surveyor No. 19361-E, 714 Bridge Street, New Cumberland, Pennsylvania, Drawing No_ 66.122A, dated January 30, 1987, as follows: BEGINNING at a point, said point being located the following 2 courses and distances from Mile Post #2: (I) North 34 degrees 52 minutes 35 seconds West, a distance of 5.01 feet; (2) South 55 degrees 07 minutes 25 seconds West, a distance of 59.23 feet, said point being further located a distance of 17.65 feet measured at right angles northwesterly from the near rail of railroad of Consolidated Rail Corporation (formerly Penn Central Transportation Company) known as the Cumberland Valley Branch and identitied as Line Code 1331 in the records of the United States Railway Association; thence by a line 17 .65 feet parallel with said rail, South 55 degrees 07 minutes 25 seconds West, a distance of 647.32 feet to a point at the dividing line between lands now or formerly of P.K. Lear and the lands herein described; thence by the same North 32 degrees 57 minutes 00 seconds West, a distance of 51.91 feet to a point located on said dividing line at the intersection of the original railroad tight of way; thence by said right of way line, along lands now or formerly of Kenneth R. Keller and J.P. Harkinson, Co., North 55 degrees 07 minutes 02 seconds East, a distance of 644.66 feet to a point said line; thence South 35 degrees 52 minutes 51 seconds East, a distance of 51.96 feet to a point, the place of BEGINNING. CONTAINING 33,539.76 square feet, more or less. TRACT NO.5: BEGL'll!lilNG at a point in State Street at corner of land now or late of J. Paul Harkinson & Company; thence South 50 degrees West, along State Street, a distance of 230 feet to a point; thence South 32 degrees 57 minutes East, 72 feet to a point at the right of way line of the Pennsylvania Railroad Company; thence along the right of way line of Pennsylvania Railroad Company, North 55 degrees 06 minutes East, a distance of 230 feet to lands of 1. Paul Harkison & Company; thence along said Harkison land, North 33 degrees 55 minutes West, a distance of 92.45 feet to State Street, the place of BEGI/I4~lNG, -18- BOOk 151)9 PAGE1056 ..t'ilWT~I~_ - ,-' .,.~. ., r " "" .~ ~ ~''''1'''-W'~"'","'1Il1' OOOL70-0041~JJ.nuary 17, 19~ -'1/NLBI59650.1 " HAVING THEREON ERECTED a one story brick gasoline station and tWO story storeroom and apartments_ TRACT NO.6: ALL THAT CERTAIN tract of real estate situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey by Michael D'Angelo, Registered Surveyor, dated April \, 1988 as follows, to wit: BEGINNING at the point of intersection of the centerline of State Street with the western right of way line of an unnamed alley; thence along the western right of way line of said alley South 35 degrees 52 minutes 5\ seconds East. 127.37 feet to lands now or late of Consolidated Rail Corporation; thence along same South 55 degrees 07 minutes 02 seconds West, 393.65 feet to a point at lands now or late of Kenneth Keller; thence by same North 33 degrees 39 minutes 53 seconds West, 92.49 feet to a point at the centerline of State Street; .thence by same North 50 degrees 00 minutes 00 seconds East, 391.03 feet to a point, the place of BEGINNING, CONTAINING ~3,039.26 square feet or 0.98 acres. BEING known and numbered as 850 State Street. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, rights of way and conditions of prior record. TRACT NO, 7: ALL THAT CERTAIN tract of land situate in Spring Township, Perry County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in Township Road T.396 at corner of lands now or formerly of M. Gibble and lands now or formerly of E, Kehew; thence along Township Road T-396, South 37 degrees 34 minutes 40 seconds East, a distance of 89.89 feet to a point: thence along same South 26 degrees 34 minutes 10 seconds East, a distance of 112.03 feet to a point; thence along same, South 16 degrees 35 minutes 35 minutes 50 seconds East, a distance of 106.43 feet to a point; thence along same South 07 degrees 33 minutes 35 seconds East, a distance of 62 .53 feet to a point; thence along same South 03 degrees ~5 minutes 41 seconds West, a distance of 66.48 feet to a point; thence along same South 19 degrees 02 minutes 44 seconds West, a distance of 60.83 feet to a point; thence along lands now or formerly of Boyd Belinger, North 61 degrees 46 minutes 46 seconds West, a distance of 418.85 feet to an iron pin; thence along same, South 28 degrees 13 minutes l~ seconds West, a distance of207.98 feet to an iron pin; thence along same South 61 degrees 46 minutes 46 seconds East a distance of 418.85 feet to a point in Township Road T-396; thence along Township Road T-396, South 20 degtees 49 minutes 05 secomls West, a distance of 468,54 feet to a point in Township Road T-343; thence along Township Road T-343. South 43 degrees 08 minutes 55 seconds West, a distance of ~ 15,47 feet to an iron pin; thence along same South 30 degree.5 46 minutes 34 seconds West, a distance of 2325.96 feet to an iron pin; thence along same South 38 degrees 57 minutes 07 seconds West, a distance of 234.56 feet to an iron pin; thence along same South 21 degrees 09 minutes 31 seconds West, a distance of 244.44 feet to an iron pin; thence along same South 10 <legrees 52 minutes 53 seconds West, a distance of 152.88 feet to an iron pin; -19- aoodS09 PAGE10S7 '~T<l." ,,'~'~,_,. ,.- . ,..,. " ".- ~ ".' ~ .., "0 ()()()l7o-00416IJanllary 17,19< '-'dINLBIS9650.1 .' thence along same South 03 degrees 52 minutes 37 seconds East, a distance of 57,19 feet to a nail; thence along the western edge of Lot No. 2 on the hereinafter mentioned Plan of Lots, South 12 degrees 48 minutes 15 seconds West, a distance of 135,82 feet to an iron pin; thence along same South 31 degrees 56 minutes 06 seconds East, a distance of 164.72 feet to a nail in State Route 850; thence along State Route 850, North 79 degrees 06 minutes 29 seconds East, a distance of 30 feet to a nail; thence along same South 86 degrees 18 minutes 59 seconds East, a distance of 114.56 feet to an iron pin; thence along same South 76 degrees 44 minutes 13 seconds East, a distance of 63.81 feet to a nail; thence along the western edge of Lot No.3 on the hereinafter mentioned Plan of Lots, South 30 degrees 16 minutes 40 seconds East, a distance of 290,68 feet to a buttonwood at Shennans Creek; thence along Shermans Creek, South 78 degrees 44 minutes 23 seconds West, a distance of 294.26 feet to an iron pin; thence along same South 63 degrees 44 minute.~ 10 seconds West, a distance of 278.96 feet to an iron pin; thence along lands now or formerly of M, Gilbert, North 46 degrees 04 minutes 34 seconds West, a distance of 237.21 feet to an iron pin; thence along same North 20 degrees 30 minutes 59 seconds West, a distance of 195.19 feet to an iron pin; thence along same South 76 degrees 33 minutes 05 seconds West, a distance of 113.77 feet to an 'iron pin; thence along lands now or formerly ofP. Eichelberger, Noah 24 degrees 39 minutes 55 seconds West, a distance of 21.50 feet to a point in State Route 850; thence along Stale Rome 850, South 77 degrees 09 minutes 27 seconds West, a distance of 533.72 feet to a point; thence along same South 73 degrees 27 minutes. 45 seconds West, a distance of 305.19 feet to a nail; thence along lands now or formerly of N, Stambaugh and lands now or formerly of A.P. Barnes, Noah 24 degrees 28 minutes 20 seconds West, a distance of 1.697.22 feet to stones; thence along :ands now. or formerly of M. Gibble, North 65 degrees 12 minutes 33 seconds East, a distance of 3,151.83 ~'eet to the place of BEGINNING, ':ONT AINING 103,534 acres, and BEING Lot No.1 on Plan of Lots recorded in Perry County Plan Book 18. Page 150. EXCEPTING AND EXCLUDING, NEVERTHELESS, from the above-described tract of land Lots Nos. 2, 3, 4 on a Subdivision Plan of West Shore Radiator Works, recorded in Plan Book 22, Page 88 and Lots 4, 5, and 6 on a Subdivision Plan for West Shore RadiatOr Works recorded in Plan Book 23, Page 11; and the residue of Lot No. I shown on Plan Book 18, Page ]50 which Is sit)Jate south of LR 457 (T,.R. 850), Lot 111, containing 52.628 acres, more or less, as shown 'on the Preliminary/Final Subdivision Plan for Claude Wheeler, Sr., dated November 25, 1996 drawn by Stephen P. Reisinger, Surveyor. BoodSlJS rAcEiOS8 ~. ;";;'lt~:~{;',, ' ':,,-t ,'":.);~,ty \. (' ,~ . ;~c....l" ,., '}~ ~ '."'W.. ~'., "'Ii{'i'V,J'~,I,..t)''l'- , ,'j ( li~~~lf~,,~ .-~,' ;....{"fr, I , r< ' , {If,Iy., '1'1'I,& ((~~" -, , _ ': : ..J~'l!'~':;;\;,,\ ~~ " .. , . - _~I,.) p.-j(~;'-" A ...,~q ...'t~ · '! ...,!;,{.I":;c~?;~~ri.J~i\~:hf:;l State of PennSYlvania "', ~ ._.~.i-'; .,.:~ ,;:'-. t~O/!llt!'OfCUlTlberland} 86 .. , ',: .,f:::;:':'" eco/Ood Iflthe offIce for h . ' .-. . '"I;n and for,.Gumberland Ie e recording of De"ds lI, . Boo~26-hol _ ou~tY. 'L WII smYhandaAd '-Pag"IW'~ Carlisle, Ill! t" .~ saal of offlOt\otA rl/s-.,}~ day..ot~ aJ ,ft-,1.1<C4:";;' 1/ .) --:;.)<~) po ecorJJer " -' (,/ ': ,i!!M!!". . ;q"".o . _~! ,. c- ~ '.'. ,"",_' '".~ t,', -, 1,: ,~" ' ritl ""'" 1""'--""" ", ,,-''-'''",'-n~ ",;('~"",,,;", ,. 'O;tccC;:1l"~"jif';R.W>,t~J~,,,,.-r_\:'i-V~"f~';~ . c) L.:" ,'-'- ~ -6,.. r- ~ :~.:" ~ ~ <Q.. ~ <:- " ~ P 1,-\ G L ~ ~ (] , 0 d, "{) Iv I 0 --oJ -=..J ~ ~ ...< ~ I Jl '." -< ( :~) -< ~ t '--(, L ~_. ,_ , 'lIIInp :,,,,,,~",,,_;,"~JI _' ___x:!t"'1' ~'@1~'.!..tii1r",ffil;f~""iWJflF~~fltlil"~5'_"'Wi~'-"w,",~"',"":~'~"',' "";;-.',;<',.'.]\.'1 """'r'''!''~!)ii''''1l\'t'7),'!tj1W'i''f?",~jf~~'J!i''-ff,J~:P;-;,WS'';,''''J;~!,''~''jl!Jf~f;il)~"t(i:;;%t.''i' , SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2001-07113 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS WHEELER CLAUDE SR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WHEELER CLAUDE SR but was unable to locate Him in his bailiwick, He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 12th, 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18,00 9.00 10.00 45,98 ,00 82,98 02/12/2002 KEEFER WOOD ~ R, Thomas ;;~ne Sheriff of Cumberland County ALLEN RAHAL Sworn and subscribed to before me this J.. 7 =Ik day of J L~ J..,{)r)~ A.D, 'f5"'-~"'~ · =<l-ri{ o'hono' ,.<;'~"jMlj!.l~~..,.". ~_,~ ~ " " ',-" ~~ ~- ~ , ~ ~ -. ~ ~~~'"'~ SHERIFF'S RETURN - U.S, CERTIFIED MAIL CASE NO: 2001-07113 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLFIRST BANK VS, WHEELER CLAUDE SR ET AL R, Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,WHEELER CLAUDE SR by united States Certified Mail postage prepaid, on the 14th day of January ,2002 at 0000:00 HOURS, at 5080 304 HARMONY CIRCLE VERO BEACH, FL 32967 , a true and attested copy of the attached COMPLAINT - MORT FORE Together with The returned receipt card was signed by CLAUDE WHEELER SR 02/05/2002 on Additional Comments: Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 4,40 .00 10.00 ,00 20,40 ~o an ers.: // ,"/" .____ s::,u, ,. // /" //f' , ,/. ~~/ :/TY'~~" ij~ i,' 1<h~;~;--~K Sheriff of Cumberland County Paid by KEEFER WOOD ALLEN RAHAL on 02/12/2002 . Sworn1and subscribed to before this </,14.. day Of::';}L~ ).,00).. A , D , me ,i:~~$~~~ ,~ .L. ~" ".~'lr ,~. 'I"' _,~;==,W' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-07113 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS WHEELER CLAUDE SR ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WHEELER PATSY L but was unable to locate Her in his bailiwick, He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 12th, 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6,00 .00 10,00 ,00 .00 16,00 02/12/2002 KEEFER WOOD So answe,rs.,. //. ' . ~ //~,,).. //</~--- ~/ .~~....'. ./ - ~,' ~/~fl -~.- R, Tho~aS;line1~~t .,. Sheriff of Cumberland County ALLEN RAHAL Sworn and subscribed to before me this J..7.{( day Ofj ~_ )"O{)J... A,D. U ~-/J~~~ U. / P othono ry b&(J "t.~~ ~~~ , "..,. 0 ~ ,0 " . \~1/ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 2. COURT NUMBER 1 7113 civil 4. lYPE OF WRIT OR COMPLAINT 3. DEFENDANTISI Notice & Canplaint in Claude Wheeler Sr. et al M rt a e Foreclosure SERVE { 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. ..... Claude Wheeler Sr. ..,.. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO.. CITY, BORO.1WP.. STATE AND ZIP CODE) L- AT 1920 Alcott Road York, PA 17402 MO()~ pc;.chcct.. 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE XXi DEPUTIZE ~~lmo 0 1ST CLASS MAIL 0 POSTEO 0 OTHER NOW DP.",,,,,,hp.r 26 . 20-.!ll.- I, SHERIFF OF ~COUNTY, PA .do hereby dep tize the sheriff of York COUNTY to execut ~tur f a cording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY Cumberland 1. PLAINTIFF/SI AlHirst Bank 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF COUNTY CUMBERL:AND ADVANCED FEE PA!DBY ATTY NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property undenvithin writ may leave same with()ut a watchman, in custody of whomever is found in possession, after notifying person of levy Of attachment, without liability on the part of such deputy ()~ the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE KEEFER, WOOD, ALLEN & RAHAL 210 WALTNUT ST. HARRISBURG, PA '~'M 10. TELEPHONE N"UMBER 11. OATEFILED 255-8051 12-19-01 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFPS OFFICE ( ) OTHER ( SEE REMARKS BELOW 17~ ~ereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service MbV~~ TO 5080 3QLf HQ.rMOl'1rC/r. VQf'O ~ PIa.. 3:<'11, 7 - 44. Signature of Dep. Sheriff 6. Signature of York County Sheriff FOR WILLIAM M. HOSE 48. Signature of Foreign County Sheriff NATURE 45. DATE 47. DATE 1-10-02 49. DATE 51. DATE RECEIVED 1. VllHITE. Issuing Authority 2. PINK ~ Attorney 3. CANARY - Sheriff's Office 4. BLUE. Sheriffs Office ,,>(~%>.-. l!i C":) i..L.. <::l I.J.... c:: r-/ OW w:x<( e:: >..,0... q.- - . IJJI.L.><:: OOQC co WI:.tJO C>.J ;<=0>- = . ii: LL.J lL. Cl 0 r-/ 0 . -.;~":"::.--:.. ~,,~ i]jf$ijll~~~'jll!i!~1t.Jlnl.'~'0'ii;1"iJ;~(~~\W,~" i';'P"ii'qd,#'-t";,!W;;;;;,~I,~0';~fi,j~~t~~*",~:,:,j;;ir~\"L"'~i'iK~~,ii,;.f,,'iM';1<F&i,ij?''':,;~ ""\'__';"''- ,. ..," ""~,,,,,...,,~,*,.,,,"",,,.,~-~,,-~ '",,,,,,~~;,,'""""~\r'f" '~'1'j'tJ'<"lIf[!1~~itll[drlf-tr;'h"fiir'~I~J';j:~p dl-'\' f',;,O,"!-'f,.;';'I;'jj,:L, ;."'1 " ' ! '\ ~\, L/ \;\ \ _ . '., \ -'J COUNTY OF YORK OFFICE OFTHE SHERIFF SERVICE CALL (717) 771-9601 " <. " . '." - ',' ' -- 28 EAST MARKET ST.; YORK. pA 17401 SHERIFF SERVICE .'... '. . ,,' / J", .'.' < 'PROCESS RECE\J:ltTrand AFFI~vrJ Oi=~ETURN ' " --' '.' .' 2. COURT NUMBER , 01-7113 ciVIl 4. lYP~ DF WRIT8R CD"'PUlI"lT . 3. DEFENDANTISI NotIce & anp.lal.nt 1\1 Claude Wheeler Sr. et a1 Mortaa F=eclosure SERVE { 5. NAME DF INDIVIDUAI.,PDMPANY. CDRPDRATIDN, ETC. TO. SERVE DR DESCRIPTlDN DF PRDPERlYTO BE LEVIED. ATTACHED. DR SDLD, ...... Claude WhOOler Sr. ..,. ,,;6. ADDRESS (STREET DR RFO WITH BDX NUMBER; APT, ND.. CllY. BDRD. TWP.. ST:TEAND ZIP CDpDE) I. J AT 1920 Alcott Road York, PA 17402 vlocrc(' C. 'I.r, . 7. INDICATE SERVICE: 0 PERSDNAL OPERSDN IN CHARGE DEPUTIZE ~~~nd 0 1ST CLASS MAIL 0 PDSTED ODTHER NOW December ~'6 .20 01 I, SHERIFF OF', ~," COUNTY, PA, do. hereby deputize the sheriff o.f !~ 'YorJ, . COUNTY to execute thi ake retum the cCDrding ..,to. law. This deputizatio.n being made at the request and risk o.f the plaintiff. 1 PLAINTIFF/Sf i~~' ,~J.l firs 1:, Bank' 8. SPECIAL INSTRUCTIDNS DR DTHER INFDRMATIDN THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUMBERLAND !\DVANCED FEE BRAGGY ATTY NOTE: ONt Y APPLICABLE ON WRIT OF EXECUTION: .N.B. WAIVER OF WATCHMAN - Any deputy sherfff,levying upon or attaching any property under witrnn writ may leave same without a watchman, in cu~tody of whomever is found in poSsession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE 'NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNAtURE '~t' KEEFER,.IUIDD, ALLEN & RAHAL 210 WALTNUT ST. 'HARRISBU'RG, PA ,; 71n1 12. SEND NOTICE OF SERVICE COPY TO NAM~ AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 10, TELEPHo.NE NUMBER 11. 255-8051 DATEFILED 12-19-01 "" ('^, r CUNiJERLAND CO 15. Expiration/Hearing Date 1-18-02 . SEE RE!.ARKS BELDW 13. I acknowledge receipt of the writ or complaint as indicated above. 16. HDWSERVED: PERSDNAL() RESIDENCE( ) PDSTED( ) PDE( ) SHERIFPSo.FFICE( ) o.THER( 17 ",1.t"rh~erebY certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See ~marks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED /lIST ADDRE-SS HERE IF NOT SHO\MII ABOve' (Relationship to Detenilailt) '19. bate of Service 20. Time of Service 22. REMARKS: 21. ATTEMPTS ^,()VLi~) TD "'\" \J(. ,-,(/D_) ~~:)^ j' \ /). \.....-.:::t:jLf \-'Jor rY",()/)'"i L/f. Vero (-)eaCl. ~)o,. ,3:t1'{P 7 " I i j i o Ji.'2 33. Costs Due or Refund Ch . !t:..iV.Jf( 29.02 ~~ 40. Costs Due or Refund 44. Signature of Dep. Sheriff . Signature of York County Sheriff FOR WILLIAM M. HOSE .4&. Signature of Foreign >1'/ County Sheriff N SIGNATURE 45. DATE 47. DATE _.-""--~- 1-10-02 49. DATE 51. DA.TE RECEIVED 1. WHITE-Issuing Authority 2. PINK -Attorney 3. CANARY'- Sheriff's Office 4. BLUE- Sheriff's OffICe i ~,,,_ 2 of 2 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST, YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/Sf 2. COURT NUMBER 1 civil 4. lYPE OF WRIT OR COMPLAINT Notice and Canp1aint in Claude Wheeler Sr. et al Mortgage Foreclosure 5. NAME OF INOMDUAl. COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERlY TO BE lEVIED. ATTACHED. OR SOLD. P"=l"h:::t~ T I. Whpp 1 p-r 6. ADDRES~ (STREET OR RFO WITH BOX NUMBER. APT. NO.. CllY. BORO, IWP.. STATE AND ZIP CODE) ?"3"3 r,,\,,?pn T.,mp l1rivp Cnnm Hi 11. PI'. 17011 7 INDICATE SERVICE Cl PERSONAl Cl PERSON IN CHARGE XQ[DEPUTIZE ro. 1;1 CERJ" MAll CllST CLASS MAil Cl POSTED Cl OTHER ...-Don.ana NOW December 26 , 20....QL I, SHERIFF OF 'l!l!lllli;.COUNTY, PA~ hereby dep~~e sheriff of York COUNTY to execute t . ~~n ~ing to law. This deputization being made at the request and risk of the plaintiff.' ~ SHERIFF OF_C!)UNlY Cumberland I'.llfirst Bank 3. DEFENDANT/Sf SERVE .. AT { 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY' CUMBERLAND ADVANCED FEE PAID BY ATTY. NOTE: QNL Y APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property unde(within,Wrtt may leave same without a watchman, in custQdy of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such-deputy. o{ the sheriff to any plaintiff herein for any loss, destrudion, or removal of any property before sherift's sale thereof. . 9. TYPe: NAME and ADDRESS of AlTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED KEEFER WOOD ALLEN & RAHAL 12. tifflIifR~~~DSt'lr.CEl&n k'kmr~ ~~W~ BElOW: (This area mustbe completed if notice is to be mailed). 12-19-01 16. HOW SERVED: SEE REMARKS BELOW 41. AFFIRMED and subscribed to before me this 42. day 0' JANUA 40. Costs Due or Refund 23. Advance Costs 1-10-02 49. DATE 51. DATE RECEIVED 1. WHIT!: -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriffs Office 4. BLUE - Sheriff's Office "<.~,-" ,-- , ",,"'_r.;; ~.<"'"-~~'.P-'''''' ',!-~,"-_"" M-, ," ,.",,,,,,,,, ,\~""1'''~'-~'''""''':i'"'"r'''''''''"'''''''-'~'''~'''''''''''T~'''~"'''- ""''''''"''f'''~'~''''''m''''11fII'''='''~'''''''' ~r,,",>'_",~C"~', ,,,",,,~,,,-,, ,c" . "'-0"_'''''-''-' ~^""''''--''''''''~''P''''!!'''~'''"_~''''''''-'''T'-''~~"'''''''''''''''''rn.' 'f~~'i""";",,~, 1'1-,*,'>>.""I!.O<;';. ,; of COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/SI 2. COURT NUMBER 01-7113 civil 4. lYPE OF WRIT OR COMPLAINT Notice and Canp1aint in Claude Wheeler Sr et al Mortgage Foreclosure 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERlY TO BE LEVIED. ATTACHED. OR SOLD. Patsy L. Wheeler 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO., CllY. BORO. TWP., STATE AND ZIP CODE) :'Tl '. n Lane Drive Camp Hill. PI', 17011 7 . INDICATE SERVICE: 0 ~.~RSONAL 0 PERSON IN CHARGE EPUTIZE l' 0 1 ST CLASS MAIL 0 POSTEIJ 0 OTHER December 6 ,20_ I,SHE~IFF OF) ~."l COl.\NTY, PA, do hereby deputize the sheriff of York .. . COUNTY to execute t ~ake return the according to law. This deputization being made lllthe request and risk of the plaintiff. - AJI fim t Bank 3. DEFENDANT/S{ . SERVE .. AT { NOW 8. "SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE: SHERIFF Cum OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon-or attaching any property under within writ may leave _same Without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of AlTORNEY I ORIGINATOR and SIGNATURE KEEm'~HN &: RAHAL .! 10. TELEPHONE NUMBER 11. DATE FilED 12-19-01 I 12 9.:~~~'ElltJffl'rfeel)l~E l\fii~~ tN%~fl:BELOW: (This area must be completed if notice is to be mailed) I , f Q,- j 151 :xrig~o~earing Date OTHER ( ) sEE REMARKS BELOW j,~ , 41. AFFIRMED and subscribed to" hefare me this 42. day 01 ,j,lINUARY ',20J1~3 , . PROTH 33_ Costs Due or Refund Che'ck No. 23. Advance Costs 40. Costs Due or Refund 10 . NOTA . . - -;'.-- 45. r O~ 47. Dt-TE l-lO-lii' 49. DATE 51, DATE RECEIVED ,. lJVHITE. Issuing Authority 2. PINK-Attomey 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office L- ,. ;i' ~; .CompiMe $ri1s1;i;$i)d3,'. ~o camp ete ttem 4 if RlaSttlct.edDeliveiYis'desired. . PriritY.}?~.E.l\!nim'. 'l~'and. _address...... o. nthereverse. so lnal~~retum l~ ~ard to you. . . Attach this card to the~ack of the mailpiece, or on the front n space permits. 1. Article Addressed to: Claude Wheeler. Sr. 5080 304. Harmony Cir. Verra Beach,FL 32967 D. delivery address different from item 1? If YES, enter delivery address below: J'; .,-- ii. ". 3. Service~Type Certified Mall D Regilrtered o Insured Mail D Express Meil o Return Receipt for Merchandise DC.C.D. , 4. Restricted Delivery? (Extra Fee) q\~ 2.~~~ !1I1~bb Ilt70 (oddll g7~ ilil:i2111 II I l~l-!7113 ~,.vil , ! j~mrrfMfr'r,f~.lI'lll! /111 ~ RetumRecOJpt 1~~;;' , M& T BANK, SUCCESSOR TO ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff NO, 01-7113 CIVIL TERM v. MORTGAGE FORECLOSURE CLAUDE WHEELER, SR. and PATSY L, WHEELER Defendants PRAECIPE TO THE PROTHONOTARY: Please release the premises described in Exhibit A, which is attached to this praecipe, from this action, Date: May /3 , 2004 KEEFER, WOOD, ALLEN & RAHAL By: ~UR' ...Ir.- Eugen~~Y:Jr. Attorney I.D. #23702 210 Walnut Street P,O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff , I I , , I I I I I l~..',;,,- :,:j~[.,,- ."">"~',~,',:>:r';'-'"",'--;-"'>'i*"'__'7'j..,,,__ "'.,,- ,. ,',:":n:'o--~,c,'.,,""; ,. "::";:T'~' "_' __ c.';""'}' ,C"__ . ,<,<""',', ~""" .?~"._'.",~.,_ -- ~"'""",,,,,__,"~'F,^' ""',"C~', "!1, ---,,'- -f ~ '. . SCHEDULE A ALL THAT CERTAIN tract or lot of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEING at a point on the southern line of State Street in the Borough of Lemoyne, which point is on the line dividing Lots 1 and 2 of a hereinafter mentioned plan of lots; thence, along the southern line of State Street, North 85 degrees 51 minutes 58 seconds East, a distance of 143,96 feet to another point on the southern right-of-way line of the said State Street, this point on the line dividing lots 2 and 3 on the hereinafter mentioned plan of lots; thence, along the line dividing Lots 2 and 3, South 01 degrees 07 minutes 47 seconds West, a distance of 119,22 feet to a point at or near the right-of-way line of Consolidated Railroad; thence, North 89 degrees 00 minutes 57 seconds West, a distance of 143.08 feet to a point also on or near the right-of-way line of Consolidated Railroad and on the line dividing Lots 1 and 2 on the hereinafter mentioned plan of Lots; thence, along the line dividing Lots 1 and 2 North 00 degrees 59 minutes 03 seconds East, a distance of 106,38 feet to the point or place of BEGINNING. BEING all of Lot 2 as shown on a sub-division plan for Claude Wheeler, which said plan is dated 6 September 2001 and is recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 84, at Page 45, and containing, in accordance with said plan, 16,155 square feet and being improved with a commercial building known and numbered as 900 State Street, BEING the part of the same premises which Claude Wheeler, Sr" by his Deed dated 29 July 1988 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 33, Volume N, Page 341, granted and conveyed onto Claude Wheeler, Sr. and Patsy L. Wheeler, UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record, ~ "~~~)-,,_ [~L~"",,_.-'7~:!'"'~ i">,;",,,,'.t -;-cq;<:'f~,~"_",,,^..':r,_ ,'; '0\~'''", ',I",t~. .- ,'1 ;,~ " ", 'H""""~,,A'T>~' '. __ "'-'7"_" " ,~-. -' ':> ,",., -. ""=-~"",, ""'1"," """0),' -'?:-' ,"";""":;-ir"W~-"""<_'."r',,', ',,' - ,'-1_ ,-< ."':;< 'I'.." .' - - ;Y"'.~.,"'r-"'-,\.1,::::'.~<W' :,J~'):,::~,~ - "~,_c. '-'~"" . ~. " ~ ~.b. 'I ~n . , .", ,,~, . ~~ -:.-~, ., . --~ r'- w. ,~...r~{~""""'",""~b,"wr,!,,,,,,,,,,,,:",,,',,,,,,w.Ul.,,.ratlnl'nmr"mttn"I 'olt"'lLt~t1Y':1 ,.' . 4 '-" "" 0 co> ~ ..c- -q ~ VI -- =::! :t~'; -< ril;::l:f ~ 0 -om <> -"""'--' ..c 0' (-)1."' r.;' ........ --0 "-10 ~ f;;'" ~ " :~=2~ c :'-J:' L)-:'.' ~ ~ --;:p C': f\.._) t~F'ii 2: - -., N ..J....... ~ -< ::"7 :> "" -< '" ---- ~ :~..I.~~)W1~~~":~~~~~~~~: ~lliii M&T BANK, SUCCESSOR TO ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff NO. 01-7113 CIVIL TERM MORTGAGE FORECLOSURE v. CLAUDE WHEELER, SR. and PATSY L. WHEELER Defendants 1': PRAECIPE ~,~ TO THE PROTHONOTARY: Please mark this action "settled and discontinued". ,. ',; (I Date: September 28, 2004 KEEFER, WOOD, ALLEN & RAHAL By' ~. P,p;"'y, J,. Attorney 1.0. #23702 210 Walnut Street P.O, Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff (, :;~tc~J)!:::;1!iI!1'" ",___,~ ,. J-'::-+"-J'''L~',''>. ,'lW'";"~: ..-<fI~'"",:"":",,,/c ,"., ;'1":""": ,"' ",,,.q. 'f-\'f.~<,"1. "i ""., . - :-- .,,' f~--:--'.': '-'"':~,cb': :.~"" ':""'c"'" ",""""'~",""O'''\' -',,,'. .r: ,,"i".,,'_~_'''_ ' T__c-- ,,'~ <, ,-'M:'" ",,' _.,_" --I,'''' "''';-.." '''''''~'' --,~ .~ ....~,. . "~"""'~',.':C'" ,_~;__ .".- ~','. " ., ~,~ ",',.. '" 'T"'" "', ."-",,,-,,;.;, "",~'",",:^" " '" w "v""'~" ",,' ,. ~n-=o" ~~':r llilfl~ Jl.'iJ""':'tij9itb"t'~ () ~;Jf: ~tE ~~{ ~g;8 z :~ " ~~ ,~:",,,,",.,",.".,'-- -,', "',"-'.~ ''''''''''Y:', ,.~. q'S;;,-:,";!>",J.',,:'(:':~'r,:"'.O"__T"';~'~~~~'~W,<..!~HI~.-, ., 1"7'~" ". ,.., ~ = .j:" (I') ..I ""0 N 1.0 o .1 :i! f-,,:!l ,-- -orn :nO (J ,L .C:JU ;~=B ~o 0f'11 );! ~.o ~<: -r' '.:':r; l)? N I,~ p,~_~~~,\~t~~~~;~:'!'