HomeMy WebLinkAbout08-4461IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS CIVIL DIVISION
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff, NO. M- 44(ol aim t 7p-m
v.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants. TYPE OF PLEADING:
CIVIL ACTION COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF PLAINTIFF:
MANUFACTURERS AND TRADERS
TRUST CO.
COUNSEL OF RECORD FOR THIS
PARTY:
I HEREBY CERTIFY THE ADDRESS OF
PLAINTIFF IS:
1100 Wehrle Drive, 2nd Floor,
Williamsville, NY 142221
AND THE DEFENDANTS IS:
2007 Douglas Drive
Carlisle, PA 17013
PAUL DAVID BURKE, ESQUIRE
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm #006
SHERRARD, GERMAN & KELLY, P.C.
BY: 00z?i?
A ORNEYS FOR PLAINTIFF
28TH FLOOR, TWO PNC PLAZA
PITTSBURGH, PA 15222
(412) 355-0200
CERTIFICATION OF LOCATION:
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN
IS: NORTH MIDDLETON TOWNSHIP
SHERRARD, GERMAN & KELLY, P.C.
BY:
A EYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS CIVIL DIVISION
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff, NO.
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING
A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS CIVIL DIVISION
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff, NO. 06- V W, / &c mj -7-z,, ` -
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, MANUFACTURERS AND TRADERS TRUST CO. d/b/a M
& T BANK, by and through its attorneys, Sherrard, German & Kelly, P.C., and files this
Complaint in Mortgage Foreclosure as follows:
1. Plaintiff is MANUFACTURERS AND TRADERS TRUST CO. d/b/a M & T
BANK, successor in interest to ALLFIRST BANK, which has its principal place of business at
1100 Wehrle Drive, 2nd Floor, Williamsville, New York 142221.
2. Defendants are JAMES E. GILLILAND and JOANN M. GILLILAND,
individuals, residing within the Commonwealth of Pennsylvania at 2007 Douglas Drive, Carlisle,
PA 17013.
3. On or about September 18, 2002, Defendants, JAMES E. GILLILAND and
JOANN M. GILLILAND, executed a Simple Interest Installment Note ("Note") in favor of
ALLFIRST BANK.
4. On or about September 18, 2002, as security for payment of the aforesaid Note,
Defendants, JAMES E. GILLILAND and JOANN M. GILLILAND, made, executed and
delivered to ALLFIRST BANK a Mortgage (Closed-End Credit) in the original principal amount
of $96,050.00 on the premises hereinafter described, said Mortgage being recorded in the Office
of the Recorder of Deeds of Cumberland County on November 8, 2002, in Mortgage Book
Volume 1781, page 3644. A true and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "A" attached hereto and made a part
hereof.
5. Defendant, JAMES E. GILLILAND, is the record and real owner of the aforesaid
mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Note and Mortgage for,
inter alia, failure to pay the monthly installments of principal and interest on said Note when due.
7. Demand for payment has been made upon Defendants by Plaintiff, but
Defendants have failed or refused to pay.
8. On or about April 11, 2008, Defendants were mailed Notices in compliance with
the Homeowner's Emergency Mortgage Assistance Act of 1983 and in compliance with Act 6 of
1974, 41 P.S. 101, et seq. A true and correct copy of said Notice is marked Exhibit "B", attached
hereto and made a part hereof.
9. The amount due and owing Plaintiff by the Defendants is as follows:
Principal $88,110.85
Interest thru 4/3/08 $ 576.23
Late Charges thru 4/3/08 $ 1,416.91
TOTAL $90,103.99
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $90,103.99 with interest on the principal amount thereof ($88,110.85) at the rate of $16.94
per diem from April 3, 2008, plus costs (including increases in escrow deficiency) additional late
charges, legal fees, and for foreclosure and sale of the mortgaged premises.
SHERRARD, GERMAN & KELLY, P.C.
By:
Paul David Burke, Esquire
Pa. I.D. 434960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
Exhibit "A"
AUG-25-2004 WED 03:01 PM
-allfirst
20022391657050
FAX NO.
c r
30 - 1'? In
P. ZIEGLEF
:.EGOS DER OF DEEDS
'MBERLAND COUNTY-
' 02 NOU 8 Aft 11 02
P. 01
MORTGAGE
(CLOSED-END CREDIT)
PAGE 1 OF 3
Pennsylvania
TAX ID: 29-16-1094-043
TI1is MORTGAGE, is made IN.* 9191 gertlii.day of September,, 2002 by and between _
,IAMES E GILLILAND JOANN M LLLILAND
to Mortgagor ciat« d Q4l_()n!)002 , recorded among the Land Records -CjJMBERLAND
COUNTY
(hereinafter called, whothor one or more, "Mortgagee'), and Altfirst Bank, 25 South Charles Street, Baltimore, Maryland 21201 (hereinafter called
-Morigage'e").
WHEREAS, as ovkJoimed by a Simple Interest Installment Note And Security Agreement dated 09/98_/20tJ2 , and incorporated herein by :his
reference (herain:after called the "Note").
Borrower. as Borrower is defined in the Note, is justly indebted unto Mortgagee in the principal amount of $ 96,060.00
and Mortgagor has agreed that this Mortgage will secure the repayment of all the "Obligations", which term means all amounts loaned to Borrower under
the Note, and any extensions or renewals thereof. as it now axislS or may heroafer be amended, and all interest on such obligations, and all futLire
advances and readvances under tho Note, and all costs and expenses incurred in respect to the obligations, including reasonable counsel fees lnctirreci to
obtain collection after default, and all amounts which Mortgagor promises to pay hereunder, as is hereinafter provided:
NOW, T1JEREFORE, THIS MOR rGAGE WITNESSETH, That in consideration of the aforesaid indebtedness and or the sum of One Dollar, and to secure
the Obligations. Mortgagur does hereby grant, assign and convey unto Mortgagee, its successors and assigns, all that lot of ground and premises lava ad
2007 DRIVE
in NOR f;H MiDDLETON TOWNSHIP DOUGLAS
_ __, Pennsylvania, known asCAR CArtlis PA 17013
01
and more fully described in a Doed from
in Dead Book __ 251 Page 875 together with the buildings end
improvements lhereoii, and the rights, alleys. ways, waters, privileges. appurtenances and advantages thereto belonging or in any way appertaining and
any riyhL litla. interest or estate: hereafter acquired by Mortgagor, and all insurance proceeds and proceeds from any condemnation or taking by emiwitint
domain (horeinaftr:r called the "Mongagead Property').
LEGAL DESCRIPTION: __._LOT R,AT 2007 DOUGLAS f)RIVE.CARLISLE,PA
'r0 HAVE AND TO HOLD the MortgRged Properly unto Allfirst Bank, its successors and assigns, in fee simple with power of sale.
If, however, Borrower shall pay the Obligations in full, and perform its other promises and covenants hereunder, then at any such time Mortgagee
will at Mortgagor's request execute and deliver a release to the Mortgagor, and upon the filing of such request this Mortgage shall be void.
BUT ALWAYS PROVIDED, nevertheless, that if this Mortgage and the debt hereby secured are paid in full in the manner provided in the Note,
then this Mortenage and the estate hereby granted shall cease and terininato and become void, anything herein to the contrary notwithstanding.
Borrower and Mortgagor jointly and severally covenant and promise to Mortgagee as follows:
a Ail payments on the Note will be made when due, including payrnents due by accAleration of maturity, and all other conditions, eovenivits
and obligAlioiis as required or provided herein, in the Note, or in any olh•:r obiigation of Morigagor to Mortgagee, will be performed; and
b. Moi tyagor covenants and warrants that Mortgagor has fee simple titre to the and the right to mortgage the; and
a Moi igagur will pay whop de+e all taxes and assessments and other governmental charges, including electricity, water and sewer rents
loviod or itssessed against tt>v or any part thereof, and will deliver receipts therefor to the Mortgagee upon request, and shall pay when dui: all
amounts secured by any prior lien on the; and
d, Mortgagor will keep.the insured against fire and such hazards in such amount or amounts as may be required by the Mortgagee and tale
policies and renewals elvidencin0 such insurance shall have attached thereto a standard mortgage clause(s) in fort acceptable to tide
Mortgagee; and
YS-005-IA-0001
ORK 17 8 1 PG3F, LL h
AUG-25-2004 WED 03:02 PM FAX NO. P. 02
20022391657050 MORTGAGE
(CLOSED-END CREDIT)
PAGE 2OF3
e. Mortgagor will neither sell. assign or transfer any or all of the or any interest therein not commit nor suffer any strip, waste, impairment or
deterioration of the and will maintain the same in good order and repair: and
t In the event of any default in the making of any payment due and payable under the Note, or in the keeping and performance of any of the
conditions, covenants and obligations contained herein or in the Note, or in any other obligation of Mortgagor to Mortgages, Mortgagee may, upon
liniely notice to Mortgagor if required by law, (i) forthwith bring any action of mortgage foreclosure hereon, or institute other foreclosure
proceedings upon this Mortgage, and may proceed to judgment and execution to recover the balance due on the Note and any other sums that
may be due thereunder, including attomeys' fees, costs of suit and costs of sale to the extent, if any, provided in the Note and permitted by law,
and (it) enter into possession of Premities, with or without legal action, lease the same. collect all rents and profits therefrom and. after deducting
all costs of collection and administration expense, apply the net rents and profits to tho payment of taxes and other necessary maintenance and
operation costs (including agents' fees and attorneys' fees) or on account of the Note, in such order and amounts as Mortgagee in Mortgagee's
sole discretion may elect and Mortgagee shall be liable to account only for rents and profits actually received by Mortgagee; and
g. Mortgaoor hereby waives and releases all benefit and relief from any and 211 appraisoment, stay and exemption laws now in force or
hereafter pwised, either for tho benefit or relief of Mortgagor, or limiting the balance due to a sum not in excess of the amount actually paid by the
purchaser of the at a sale thereof in any judicial proceedings upon this Mortgage, or exempting the, or any part of the proceeds of sale thereof,
from attachment, levy or sale under exeaition, or providing for any stay of execution or other process.
The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors,
adminisir ilors, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural and the
singular and the use of any vender shall be applicable to all genders.
h. Condominium. If the Mortgaged Property comprises a unit in. together with an undivided interest in the common elements of, a
condominium project (the "Condominium Project') and the owners assoelation or other goveming body of the Condominium Project ("Owners
Association") holds lille to property for the benefit or use of its members or shareholders, the Mortgaged Property shall also be comprised of the
Morlgagees interest In the Owners Association and the procreds of such interest. In addition to the covenants and agreements made in the
Mortgage rind Agreement, the Mortgagor and the Mortgagee further covenant and agree as follows;
(1) Assessments. The Mortgagor shall promptly pay, when due, all assessments imposed by the Owners Association pursuant to the
provisions of the declaration, by-laws, code of regritations of the Owners Association, or other constituent documents of the
Condominium Project (here;iriafter "Constituent Documents"),
(2) Hazard insurance. So long as the Owners Association maintains a "master" or "blanket" policy, which is satisfactory in form to me
Mortgagrra. with a generally accepted insurance carrier on the Condominium Project and which provides Insurance coverage in such
amounts, for such periods, and against such hazards as the Mortgagee may require, including Are and hazards included within the harm
"extended coverage", then the Mortgagor's obligation 10 maintain hazard insurance coverage on the Mortgaged Property is deemed
satisfied to the extent that thn required coverage is provided by the owners Association policy.
T he Mortgagor shall give the Mortgagee prompt notice of any lapse in such required hazard insurance coverage.
In tho event of a distribution or hazard insurance proceeds in lieu of restoration or repair following a loss to the Mortgaged Property,
whether to the unit or to common elements, subivct to the rights of the holder Of any permitted prior mortgage, any such proceeds
payable to the Mortgagor are hereby assigned and shdil be paid to the Morgagee for application to the sums sect:red by the Mortgage,
with the oxcess, if any, paid to the Mortgagor, as their interests may appear
(3) Public Liability Insurance. The Mortgagor shall take such actions as may be reasonable to insure that the Owners Association
maintains a public liability insurance policy acceptable In form, amount, and extent of coverage to the Mortgagee.
(4) Mortgagee's Prior Consent, The Mortgagor shall not, except after notice to the Mortgagee and with the Mortgagee's prior written
consent, either partition or subdividaa the Mortgaged Property or consent lo:
(i) tho abandonment or termination of the Condominium Project, except for abandonment or termination required by taw in tho case
of substantial destruction by fire or other casualty or In the case of a taking by condemnation or eminent domain;
(ii) any amendment to any provision of the Constituent Documents which is for benefit of tho Mortgagee;
(iii) termination of professional managoment and assumption of self-management of the Condominium Project Owners Association; or
(iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association
unaccoptable to the Mortgagee.
YS4064A •0orih
BK1781PG3645
AUG-25-2004 WED 03:02 PM FAX NO. P. 03
20022391657050 MORTGAGE
(CLOSED-END CREDIT)
PAGE 3 OF 3
(?) Notico to Mortgagee. In addition to notices required to be given to the Mortgagee by the terms of the Mortgage, the Mortgagor,shall
prornptly give notice to the Mortgagee of any material amendment to any provision of the Constituent Documents and also of any
amendirient to a material provision thereof. Examplas of material provisions include, but are not limited to, those which provide for,
govern or regulate; voting or percentage interests of the unit owners in the condominium Project, assessments, assessment liens or
subordination of such liens: the boundaries of any unit or the exclusive easement rights appertaining thereto; or reserves for
maintenance, repair and replaccmont of the common elements.
I. The cnven:inls and conditions herein contained shall Umd and the benefits and advantages shall inure to the respective heirs, executors,
administrators, successors, and assigns of the parties hereto. Whenever used. the singular number shall include the plural, the plural and the
singular and the use of any gender shall be applicable to all gendars
IN WITNESS WI IEREOF the Moltgacdor has hereunto set hand and seat,
rtnoes --
' c,
it as -4
C,
Witness
STATE OF PENNSYLVANIA
) SS
COUNTY or- Oy m,64R_, A: Ao _ 1
On this Lf ?"v__ day of?19jo 7gF c?i2 20_4_
v
Moitgag? or JAMFS E GILLILAND
'•is?-_ rSF
Martcdogor JOANN M GIILILAND ?-'
Mortgagor '
Mortgagor
I Ohl,
tibefore me the undersigned officer personally appeared +;j
known to me (or x?'ltisfactorily proven) to be the person(s) whose llama(s) is (are) subscribed to tho within instrument. and acknowledged that
(Ile, she or they) executed the dame for the purpose therein contained.
IN WITNESS MiEREOF, I havo hereunto set my hand and 110tarial seal. My Commission Expires:
1 Certify that the address of the within-named MORTGAGEE, and the address to which this document should be returned Is:
AQfirst Bank _
P.O. Box 17292 ?Nc:.erial SW
Baltimore, Maryland 212,03 Catherine J.1.Nattem. Not..ry Public
g eq'&'? imp t rill Hero. xpiroa opt. Goc,Pty
"'Y C0mmierton Epiras Sort, 22, ,pOd
Si natures memoer, Pennayh ania AS,aocraC.nn or Notaries
n halt of li7?g"ayes
ht-- recorcicid
This Morlyago was prepafed by Allfirst Bank, P.O. Box 17292, Baltimore, Maryland 21203
Y5•tiq,?n.0001 " j ( i } (! (i t}/ P/1
OR 1781PG3646
Exhibit !`B"
NOTICE
TO: Mrs. Joann M. Gilliland April 11, 2008
2007 Douglas Drive
Carlisle, PA 17013
Re: Account No.: 92826630001; Mortgage in the original principal amount of $96,050.00 dated
September 18, 2002 in favor of M&T Bank
Dear Mrs. Gilliland:
This Notice is given in connection with your debt or debts owed to the creditor (being our
client) in the amount or amounts set forth in our letter(s) to you dated the same date as this Notice
entitled "Notice of Intention to Foreclose Mortgage" and "Act 91 Notice". As used below, the term
"debt" means each debt described in our letter(s).
Unless you, within 30 days after your receipt of this Notice, dispute the validity of the debt, or
any portion thereof, the debt will be assumed to be valid by us. If you notify us in writing within the
30 day period that the debt, or any portion thereof, is disputed, we will obtain and mail to you
verification of the debt or a copy of any judgment entered for the debt against you.
Also upon your written request to us within the 30 day period, we will provide you with the
name and address of the original creditor if different from our client.
If you notify us in writing within the foregoing 30 day period that the debt, or any portion
thereof, is disputed, or you request the name and address of the original creditor, we shall cease
collection of the debt, or any disputed portion thereof, until we obtain and mail to you (as
appropriate) verification of the debt or a copy of any judgment upon the debt entered against you,
and/or the name and address of the original creditor.
In order that we may respond promptly, kindly mail your communications to us regarding the
above matters to the attention of the undersigned at the address shown below.
THIS NOTICE IS GIVEN PURSUANT TO THE PROVISIONS OF THE FEDERAL FAIR
DEBT COLLECTION PRACTICES ACT AS AMENDED (15 U.S.C. § 1692 ET SEQ.) AND THE
REGULATIONS OF THE PENNSYLVANIA BUREAU OF CONSUMER PROTECTION ENTITLED
"DEBT COLLECTION TRADE PRACTICES" (37 PA. CODE CH. 303). NOTHING HEREIN IS
INTENDED TO ALTER OR AMEND THE RIGHTS AND DUTIES OF YOU, OUR CLIENT, AND US,
WITH RESPECT TO THE DEBT EXCEPT AS MAY BE REQUIRED BY SAID ACT AND
REGULATIONS.
SHERRARD, GERMAN & KELLY, P.C.
Dated: April 11, 2008 By:
P David Burke, Esquire
Pa. I.D. #34960
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
WARNING: This correspondence is for the purpose of collecting a debt and any information
provided will be used for that purpose.
NOTICE
TO: Mr. James E. Gilliland April 11, 2008
2007 Douglas Drive
Carlisle, PA 17013
Re: Account No.: 92826630001; Mortgage in the original principal amount of $96,050.00 dated
September 18, 2002 in favor of M&T Bank
Dear Mr. Gilliland:
This Notice is given in connection with your debt or debts owed to the creditor (being our
client) in the amount or amounts set forth in our letter(s) to you dated the same date as this Notice
entitled "Notice of Intention to Foreclose Mortgage" and "Act 91 Notice". As used below, the term
"debt" means each debt described in our letter(s).
Unless you, within 30 days after your receipt of this Notice, dispute the validity of the debt, or
any portion thereof, the debt will be assumed to be valid by us. If you notify us in writing within the
30 day period that the debt, or any portion thereof, is disputed, we will obtain and mail to you
verification of the debt or a copy of any judgment entered for the debt against you.
Also upon your written request to us within the 30 day period, we will provide you with the
name and address of the original creditor if different from our client.
If you notify us in writing within the foregoing 30 day period that the debt, or any portion
thereof, is disputed, or you request the name and address of the original creditor, we shall cease
collection of the debt, or any disputed portion thereof, until we obtain and mail to you (as
appropriate) verification of the debt or a copy of any judgment upon the debt entered against you,
and/or the name and address of the original creditor.
In order that we may respond promptly, kindly mail your communications to us regarding the
above matters to the attention of the undersigned at the address shown below.
THIS NOTICE IS GIVEN PURSUANT TO THE PROVISIONS OF THE FEDERAL FAIR
DEBT COLLECTION PRACTICES ACT AS AMENDED (15 U.S.C. § 1692 ET SEQ.) AND THE
REGULATIONS OF THE PENNSYLVANIA BUREAU OF CONSUMER PROTECTION ENTITLED
"DEBT COLLECTION TRADE PRACTICES" (37 PA. CODE CH. 303). NOTHING HEREIN IS
INTENDED TO ALTER OR AMEND THE RIGHTS AND DUTIES OF YOU, OUR CLIENT, AND US,
WITH RESPECT TO THE DEBT EXCEPT AS MAY BE REQUIRED BY SAID ACT AND
REGULATIONS.
SHERRARD, GERMAN & KELLY, P.C.
Dated: April 11, 2008 By: c-,C-1.
P David Burke, Esquire
Pa. I.D. #34960
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
WARNING: This correspondence is for the purpose of collecting a debt and any information
provided will be used for that purpose.
Date: APRIL 11, 2008
ACT 91 NOTICE
TAKE ACTION TO
SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home in default, and
the lender intends to foreclose. Specific information about the nature of the default is
provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER
CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling
Agencies serving your County are listed at the end of this Notice. If you have any
questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-
342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any
questions, representatives at the Consumer Credit Counseling Agency may be able to
help explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find, a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
H I POTECA.
Homeowner's Name(s): James E. Gilliland and Joann M. Gilliland
Property Address: 2007 Douglas Drive, Carlisle, PA 17013
Loan Account No: 92826630001
Original Lender: Allfirst Bank
Current Lender/Servicer: Manufacturers and Traders Trust Company d/b/a M&T Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days-from the date of this
Notice. During that time you must arrange and attend a "face-to-face" meeting with one
of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR IN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY
FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP
TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may
NOT take action against you for thirty (30) days after the date of this meeting. The
names addresses and telephone numbers of designated consumer credit counseling
agencies for the county in which the property is located are set forth at the end of this
Notice. It is only necessary to schedule one face-to-fact meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default
for the reasons set forth later in this Notice (see following pages for specific information
about the nature of your default,) If you have tried and are unable to resolve this
problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowners' Emergency Assistance Program Application
with one of the designated consumer credit counseling agencies listed at the end of this
notice. Only consumer credit counseling agencies have applications for the program
and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked, within thirty
(30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are
very limited. They will be disbursed by the Agency under the eligibility criteria
established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days
to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its
decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(if you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on
your property located at:
2007 Douglas Drive, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Monthly payment of $751.06 for months of December, 2007 through April, 2008.
Other charges (explain/itemize): Late charges of $1,416.91; and BPO fee of $100.00
TOTAL AMOUNT PAST DUE: $5,647.77
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable):
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS
of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $ 5,647.77 , PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash cashier's check certified check or money
order made payable and sent to:
M & T Bank
ATTENTION: Anthony Kulys
1100 Wehrle Drive, 2A Floor
Williamsville, NY 14221
You can cure any other default by taking the following action within THIRTY (30) DAYS
of the date of this letter: (Do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to
accelerate the mortuage debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start
legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold
by the Sheriff to pay off the mortgage debt. If the lender refers your case to its
attorneys, but you cure the delinquency before the lender begins legal proceedings
against you, you will still'be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attorney's fees actually incurred by the lender even if
they exceed $50.00. Any attorney's fees will be added to the amount you owe the
lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not
cured the default within the THIRTY (30) DAY period and foreclosure proceedings have
begun, you still have the right to cure the default and prevent the sale at any time up to
one hour before the Sheriffs Sale You may do so by paving the total amount then past
due plus any late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriffs
Sale as specified in writing by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date
that such a Sheriffs Sale of the mortgage property could be held would be
approximately five (5) months from the date of this Notice. A notice of the actual
date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: M & T Bank
Address: C/O Sherrard, German & Kelly, P.C.
28th Floor, Two PNC Plaza
620 Liberty Avenue
Pittsburgh, PA 15222
Phone Number: 412.355.0200
Fax Number: 412.261.6221
Contact Person: Paul David Burke, Esquire
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live
in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and
other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may OR X may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that
all the outstanding payments, charges and attorney's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS
IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT.
(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE
TO SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
See attached list.
CUMBERLAND COUNTY
CCC Service of Western PA
970-D South George Street
York, PA 17403
888.511.2227
Fax - 412.390.1336
Community Action Commission Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Fax - 717.234.2227
Harrisburg Fair Housing Council
2100 North 6th Street
Harrisburg, PA 17110
717.238.9540
Fax - 717.233.5001
Housing Redevelopment Authority
Of Cumberland County
114 North Hanover Street, Suite 104
Carlisle, PA 17013
866.683.5907 Ext. 26
Fax - 717.249.4071
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Fax - 717.232.2656
Pennsylvania Interfaith Community
Program, Inc.
40 East High Street
Gettysburg, PA 17325
7178.334.1518
Fax - 717.334.8326
Rural Opportunities, Inc.
1625 North Front Street
Harrisburg, PA 17102
717.234.6616
Fax - 717.234.6692
VERIFICATION
Christopher M. Zeis, a duly authorized representative of MANUFACTURERS AND
TRADERS TRUST CO. d/b/a M & T BANK, deposes and says subject to the penalties of 18 Pa.
C.S.A. 4904 relating to unsworn falsification to authorities that the facts set forth in the
foregoing Complaint are true and correct to the best of his knowledge, information and belief.
Christo er s
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CASE NO: 2008-04461 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS AND TRADERS TRUS
VS
GILLILAND JAMES E ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
GILLILAND JAMES E
was served upon
the
DEFENDANT
, at 0007:45 HOURS, on the 9th day of August , 2008
at 2007 DOUGLAS DRIVE
CARLISLE, PA 17013
JAMES GILLILAND DEFENDANT
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
4j??ng
18.00
5.00
.00
10.00
.00
3
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
08/11/2008
SHERRARD GERMAN KELLY
By A, AV
Deputy Sheriff
of A. D.
CASE NO: 2008-04461 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS AND TRADERS TRUS
VS
GILLILAND JAMES E ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
GILLILAND JOANN M the
DEFENDANT , at 0007:45 HOURS, on the 9th day of ;August , 2008
at 2007 DOUGLAS DRIVE
CARLISLE, PA 17013 by handing to
JAMES GILLILAND HUSBAND OF DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscibed to
before me this day
So Answers:
R. 'Thomas Kline
08/11/2008
SHERRARD GERMAN KELLY
By 'A.
Deputy Sheriff
of A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS CIVIL DIVISION
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff, NO. 08-4461
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGEMENT
FILED ON BEHALF OF PLAINTIFF:
MANUFACTURERS AND TRADERS
TRUST CO.
COUNSEL OF RECORD FOR THIS
PARTY:
PAUL DAVID BURKE, ESQUIRE
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm #006
28TH FLOOR, TWO PNC PLAZA
PITTSBURGH, PA 15222
(412) 355-0200
(50049598.1)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
CIVIL DIVISION
Plaintiff,
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
NO. 08-4461
PRAECIPE FOR DEFAULT JUDGMENT
TO:PROTHONOTARY
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against the Defendants, JAMES E. GILLILAND and JOANN M. GILLILAND, in the amount of
$90,103.99 which is itemized as follows:
Principal $88,110.85
Interest thru 4/3/08 $ 576.23
Late Charges thru 4/3/08 $ 1,416.91
TOTAL $90,103.99
with interest on the outstanding principal balance ($88,110.85) at the rate of $16.94 per diem
from April 3, 2008, plus costs (including increases in escrow deficiency), additional late charges,
legal fees and for foreclosure and sale of the subject premises.
SHERRARD, GERMAN & KELLY, P.C.
Dated: 2& 16) 6
By:
P David Burke, Esquire
Pa. I.D. #34960
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
Attorney For Plaintiff
S0049699AI
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATION 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 State,
personally appeared Paul David Burke, attorney for and authorized representative of Plaintiff
who, being duly sworn according to law, deposes and says that the Defendants, JAMES E.
GILLILAND and JOANN M. GILLILAND, are not in the military service of the United States of
America to the best of his knowledge, information and belief and certifies that the Notices of
Intent to Take Default Judgment were mailed in accordance with PA R.C.P. 237.1, as evidenced
by the attached copies.
David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
(412) 355-0200
Sworn to and subscribed before me
this 11ay of A 2008.
it,
?ko - V
N y Public
TH OF PEMSYLVAM
No1MN1 "W
Joan H. M alk , Ndwy Public
of PINOurph, ANelowny County
Wk .. July 17, 2011
(50049698.1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
CIVIL DIVISION
Plaintiff,
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
TO:
Ms. Joann M. Gilliland
2007 Douglas Drive
Carlisle, PA 17013
DATE: September 4, 2008
NO. 08-4461
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
Dated: September 4, 2008
SHERRARD, GERMAN & KELLY, P.C.
By:
aul David Burke, Esquire
Pa. I.D. #34960
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222-2602
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff,
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
TO:
Mr. James E. Gilliland
2007 Douglas Drive
Carlisle, PA 17013
DATE: September 4, 2008
CIVIL DIVISION
NO. 08-4461
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YO1J HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
Dated: September 4, 2008
SHERRARD, GERMAN & KELLY, P.C.
By:
1 David Burke, Esquire
Pa. I.D. #34960
28th Floor, Two PNC Plaza
Pittsburgh PA 15222-2602
(412) 355-0200
O
r '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
MANUFACTURERS AND TRADERS TRUST CO.
Plaintiff,,
VS.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Def endnats .
TO THE PROTHONOTARY OF THE SAID COURT.
. Costs
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate ori.ginal 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 the Sheriff of Cumberland
County, for debt, interest and costs ;upon the following described property of the
defendant (s) .Tames and Joann C i f i 1 and
2007 Douglas Drive,.Carlisle, PA 17013
Parcel No. 29-16-0194-043
PRAE = FOR ATTACHE= MCMION
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).
(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 : y p o 2
41
Signature:
Print Name: Paul David Burke, Esq.
Address: 22H Floor, Two PNC Plaza
Pittsburgh. PA 15222
( ) Confessed Judgment
: (x ) Other
. File No. 08-4461
: Amount Due $905,103;99
Interest $ 89757.98
Atty's Comm
Attorney for: Plaintiff
Telephone: 412-355-0200
f1 C3
0 O d 0 0
0 't3 C?
?.T l , , wM *?. C ]
^.'4? ? "'mow
t ?I%
DEFENDANT(S) JAMES E. GILLILAND and JOANN M. GILLILAND
*****************
WRIT NO. 08-4461
**********
DEBT $90,103.99
******
NAME OF ATTORNEY(S): PAUL DAVID BURKE, ESQUIRE
**************************
ADDRESS OF ATTORNEY(S): SHERRARD GERMAN & KELLY, P.C.
28TH FLOOR TWO PNC PLAZA, PITTSBURGH, PA 15222
ATTORNEY TELEPHONE NUMBER: (412)-355-0200
SHORT DESCRIPTION:
NORTH MIDDLETON TOWNSHIP HAVING ERECTED THEREON A DWELLING KIS
2007 DOUGLAS DRIVE CARLISLE PA 17013. DEED BOOK VOLUME 251 PAGE 875.
PARCEL NO. 29-16-1094-043 .
ATTENTION NEWSPAPERS: DO NOT PRINT ANYTHING APPEARING BELOW
DOUBLE LINE OR UNDERSCORED WITH ASTERISKS(****)
AO
E
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS CIVIL DIVISION
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff, NO. 08-4461
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
AFFIDAVIT PURSUANT TO
RULE 3129.1
Filed on behalf of Plaintiff:
MANUFACTURERS AND TRADERS
TRUST CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
w
t
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, personally appeared Paul David Burke, Counsel
for MANUFACTURERS AND TRADERS TRUST CO., in the above action, and sets forth as of
the date of the Praecipe for Writ of Execution was filed, the following information concerning
the real property located at 2007 Douglas Drive, Carlisle, PA 17013:
1. Name and address of owner or reputed owner:
Mr. James E. Gilliland
2007 Douglas Drive
Carlisle, PA 17013
2. Name and address of defendants in the judgment:
Mr. James E. Gilliland
2007 Douglas Drive
Carlisle, PA 17013
Ms. Joann M. Gilliland
2007 Douglas Drive
Carlisle, PA 17013
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
4. Name and address of the last recorded holder of every mortgage of record:
Manufacturers and Traders Trust
Co. d/b/a M & T Bank, successor
in interest to Allfirst Bank
100 Wehrle Drive, 2nd Floor
Williamsville, New York 142221
(Plaintiff)
so
5. Name and address of every other person who has any record lien on the property:
Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Sq.
Carlisle, PA 17013
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
None
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
None
The information provided in the foregoing Affidavit is provided solely to comply with
the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is being sold under this execution.
No person or entity is entitled to rely on any statements made herein in regard to the condition of
the title of the property or to rely on any statement herein in formulating bids which might by
made at the sale of the property.
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4909 relating to unswom falsification to authorities.
5; V fE??-
P David Burke, Esquire
SHERRARD, GERMAN & KELLY, P.C.
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
Attorneys for Plaintiff
Sworn and subscribed before me
this ? da;?? Lc K ; 09.
COMMONWEALTH OF PENNSYLVANIA
' Notarial Seal
Notary Public City Of ur?gt,,AllN&iN heny PCounty
My Convnission Expires June 23, 2009
Member, Pennsyivania Association of Notaries
r-I
c Q
v
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS CIVIL DIVISION
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff, NO. 08-4461
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL ESTATE
Filed on behalf of Plaintiff,
MANUFACTURERS AND TRADERS
TRUST CO.
COUNSEL OF RECORD FOR THIS
PARTY:
Paul David Burke, Esquire
Pa. I.D. #34960
SHERRARD, GERMAN & KELLY, P.C.
Firm I.D. No. 006
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS CIVIL DIVISION
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff, NO. 08-4461
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and directed to the Sheriff of Cumberland
County, there will be exposed to Public Sale at Cumberland County, Courthouse, on September
2, 2009 , at 10:00 o'clock a.m., the following described real estate, of which JAMES E.
GILLILAND is the owner or reputed owner.
ALL that certain tract of land with the improvements thereon erected, situate in North
Middleton Township, Cumberland County, Pennsylvania.
Being Designated as Parcel Number 29-16-1094-043.
Acquired in Deed Book Volume 251, Page 875.
The said Writ of Execution was issued on a judgment in the Civil Action of
MANUFACTURERS AND TRADERS TRUST CO. v. JAMES E. GILLILAND and JOANN M.
GILLILAND, in the amount of $98,861.97, with interest on the outstanding principal balance
($88,110.85) at the rate of $16.94 per diem from September 2, 2009, sale date, plus costs
(including increases in escrow deficiency, if any), additional late charges, legal fees and for
foreclosure and sale of the mortgaged premises all as set forth in the Praecipe for Writ of
Execution.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of 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.
le
Attached hereto is a copy of the Writ of Execution. 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 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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
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. A lawyer may be able to
help you.
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 of the Complaint in Civil Action
on 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 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.
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 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 or service or demonstrate any
other legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for
a grossly inadequate price or if there are defects in the Sheriffs 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 is filed within ten (10) days from the
date when the Schedule of Distribution is filed in the Office of the Sheriff.
SHERRARD, GERMAN & KELLY, P.C.
Dated: By:
Affil David Burke, Esquire
Pa. I.D. #34960
Attorneys for Plaintiff
28th Floor, Two PNC Plaza
Pittsburgh, PA 15222
(412) 355-0200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MANUFACTURERS AND TRADERS CIVIL DIVISION
TRUST CO. d/b/a M & T BANK,
successor in interest to ALLFIRST BANK,
Plaintiff, NO. 08-4461
V.
JAMES E. GILLILAND and
JOANN M. GILLILAND,
Defendants.
LONG DESCRIPTION
ALL that certain tract of land with the improvements thereon erected, situate in North
Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the eastern line of Douglas Drive and at corner of Lot No. 10,
Block "A", on the hereinafter mentioned Plan of Lots; thence by the latter, North 85 degrees East,
150 feet to a point at line of Lot No. 6, Block "A", on said Plan; thence by said Lot No. 6, Block
"A" and Lot No. 7, Block "A", North 05 degrees West, 100 feet to a point at line of land now or
formerly of Alfred H. Crain; thence by the same, South 85 degrees West, 150 feet to a point on the
eastern line of Douglas Drive; thence by the same, South 05 degrees East, 100 feet to the corner of
Lot No. 10, Block "A", on said plan, the place of beginning.
BEING Lot Nos. 8 and 9 on Plan No. 1, Block "A", of Noll Manor, as recorded in the
office of the Recorder of Deeds in Plan Book 11, Page 51.
BEING improved with a dwelling house known as 2007 Douglas Drive, Carlisle,
Pennsylvania.
PARCEL #29-16-1094-043
UNDER AND SUBJECT TO easements, rights-of-way, conditions, covenants and
restrictions of prior record.
BEING the same premises which James E. Gilliland and Elizabeth M. Baker ( f/k/a
Elizabeth J. Gilliland and Elizabeth M. Gilliland) formerly husband and wife, now unmarried
individuals, by their Deed dated April 2, 2002, and recorded on April 9, 2002, in the Recorder's
Office of Cumberland County at Deed Book Volume 251, Page 875, granted and conveyed unto
James E. Gilliland, unmarried man.
SHERRARD, GERMAN & KELLY, P.C.
61 David Burke, Esquire
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-4461 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST CO.,
Plaintiff (s)
From JAMES E. GILLILAND and JOANN M. GILLILAND
(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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $90,103.99
Interest -- $8,757.98
Atty's Comm %
L.L. $.50
Due Prothy $2.00
Atty Paid $168.00
Plaintiff Paid
Date: 3/11/09
(Seal)
REQUESTING PARTY:
Name: PAUL DAVID BURKE, ESQUIRE
Address: SHERRARD, GERMAN & KELLY PC
28TH FLR, TWO PNC PLAZA
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Other Costs
Curtis R. g, rothon ary
By:
Deputy
Telephone: 412-355-0200
Supreme Court ID No. 34960
Sheriffs Office of Cumberland County
R Thomas Kline
Sher
Ronny R Anderson 0
Chief Deputy , ;
Jody S Smith
Civil Process Sergeant =f ! r F:rf? _',' co T
Edward L Schorpp
Solicitor
Manufacturers and Traders Trust Co., -a --- '
vs. Case Nulfiber -<
Joann M Gilliland 2008-4461
SHERIFF'S RETURN OF SERVICE
06/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per
letter of instruction from Attorney Paul David Burke.
SHERIFF COST: $99.86
July 07, 2009
SO ANS S,
10
??
R THOMAS KLINE, SHERIFF
uwl&c' I
* 016
Real Estate Sale #
On May 5, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middletown Township, Cumberland County, PA
Known and numbered as, 2007 Douglas Drive,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 5, 2009
By:
Real Estate Coordinator
09AA .
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