HomeMy WebLinkAbout01-0769IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST, )
f/kda MELLON MORTGAGE COMPANY, )
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Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
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No.: 0/-
ISSUE NO.:
TYPE OF PLEADING:
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
CODE -
FILED ON BEHALF OF PLAINTIFF:
Chase Mortgage Company - West, f/k/a
Mellon Mortgage Company
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
Firm#023
One G~eway Center, NineWe~
Pi~sburgh, PA 15222
(412)281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.:
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other fights important to you. YOU SHOULD
TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: o/-
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, by its attorneys,
Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Chase Mortgage Company - West, f/k/a Mellon Mortgage Company,
which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219.
2. The Defendants are Allen S. McGill and Theresa A. McGill, individuals whose last
known address is 37 Shagbark Lane, Carlisle, Pennsylvania 17013.
3. On or about April 28, 1995, Defendants executed a Note in favor of Consumer First
Mortgage, Inc. ("Consumer"), in the original principal amount of $80,900.00. A true and correct
copy of said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about April 28, 1995, as security for payment of the aforesaid Note, Defendants
made, executed and delivered to Consumer a Mortgage in the original principal amount of
$80,900.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the
Recorder of Deeds of Dauphin County on April 28, 1995, in Mortgage Book Volume 1260, Page
716. A tree and correct copy of said Mortgage containing a description of the premises subject to
said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Constnner assigned ail of its right, title and interest in and to aforesaid Note and
Mortgage to Resource Bancshares Mortgage Group, Inc. ("Resource") pursuant to a certain
Assignment of Mortgage.
6. Resource assigned all of its right, title and interest in and to aforesaid Note and
Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage.
7. Defendants are the record and real owners of the aforesaid mortgaged premises.
8. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are
due for the July 1, 2000 payment.
9. Plaintiff was not required to send Defendants written notice pursuant to 35 P.S.
§ 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior
to the commencement of this action for the reason that the aforesaid Mortgage is insured by the
Federal Housing Administration under Title II of the Nationai Housing Act (12U.S.C.
§§1707-1715z-18) [35 P.S. §1680.401C(a) (3)].
10. Plaintiff was not required to send Defendants written notice of Plaintifl's intention
to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of
this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S.
§ 101 and Defendants are not "residential mortgage debtors" as defined in 41 P.S. § 101.
11. The mount due and owing Plaintiffby Defendants is as follows:
Principal
Interest through 2/3/01
Late Charges through 2/3/01
Escrow Due through 2/3/01
Attorneys' fees
Title Search, Foreclosure
and Execution Costs
TOTAL
$73,128.48
$ 4,300.89
$ 339.75
$ 1,401,98
$ 800.00
$ 1,500.00
$81,471.10
WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure for the amount due
of $81,471.10 with interest thereon at the rate of $17.53 per diem from February 3, 2001, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises.
GRENEN & BIRSIC, P.C.
BY:
KrisSine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
Exhibit "A"
NOTE
APRI~ 28'1~ ,19 95
437 r,z,m~crx~, la~ta. Dt CAR~SI.,E~ ~VAHr_.A
II'rop~'y .,~ar~I
44L.-4982551
17013
"Borrower' means each person si~ning at the end of this Note, and the parson's successors and assigns, "Lender"
~ FIRS~ l'sil'O.~l;~, Il'lC.
2. BORROWF..R'$ PROMISE TO PAY; INTERF~T
In return for a loan received from Lender, Borrower promises to pay the principal sum of EX(~Y ~
~ ~ ~ N0/100 Dollars
(U.S. $ 80,900.00 ), plus interest, to the order of Lender. Interest will bo charged on unpaid principal, from
the date of disbursement of the Icon proceeds by Lender, at the rate of EXG]~ ~ ~ t;~hl~i..~t~
par cent ( 8.7~0 9b) per y~ar until the full amount of principal has been paid.
3. PROMIgE TO PAY SECURED ·
Borrower's ore.fao to nay is secured by a mortgage, deed of trust or similar security instrument that is dated the
same date ns this Note end eafied the Security Instrument. That Security Instrument protects the Lender from loses
which might result if Borrower defaults under this Note.
4. MANNER OF p&Yh4ENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning
on ~ lb-~ 1995 . A~y principal and interest remaining on the first day of I.P,.Y 1~'~
2025 , will bo due ~'~ that date, which is called the 'Maturity Date."
(B) Place
Payment shall ba made at 8fi08 C~R~Y.E pA_l~ EI~-VE, 3~D F-J-CI:~, ~I.A~ ~ 21045
or at such other place ns Lender may designate in writing by notice
to Rorrower,
(C) Amount
Each monthly payment of principal and interest will be in the nmonnt of $ 636.44
This amount will bo pert of a larger m~lthfy payment recruited by the Seenrity Instrument, that shall bo applied to
principal, interest nad other items lo the order described m the Security Instrument. (D) Allonge to thb Note for payment ndJ#shnenls
I! an all·ago providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall bo incorporated into and shall amend and supplement the covenants of this Note as if the allonge
were a part of this Note. [Cheek applieab[e box]
[] Oraduated Payment Allonge [] Omwing Equity Allonge [] Other [specify]
$. ftORROWER'$ RIGHT TO P~EPAY .
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on
the first day of any month.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overd~ Pa~menls
If Lender h~ not received the full monthly payment required by the Security Instrument, as described in
Paragraph 4(C) of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late
charge in the amount ofl~D[.~ ~ NO/100 par cent ( 4.000 95) of the overdue amount of each
payment.
(B) Default
If Borrower defaultt by failing to pay in full any monthly payment, then Lender may, except as limited by
regulations of the Secretary in the cma of payment defaults, require immediate payment in full of the principal balance
remaining due and ail accrued interest. Lender may choose not to exercise this option without waiving its r~ghts in
the event of any subsequent d~ulL In many circumstanens refiulations issued by the Secretary will limit Lander's
rights to require immediate payment in full in the c~se of paymn,n,t defaults. This Note doss not authorize acceleration
when not permitted by HUD regulations. As used in this Note, Secretary" means the fiecretary of Housing and
Urban Development or his or her designee.
(C) Payment of C.~ts and g~pen~s
, If Lender has re.~. uired immediate ]x~yment in full, as d.,esc, ribed above, Lender may require Borrower to pay
cma and expenses fuciudmg re~onable aaa customary attorneys lees for enforcing this Note. Such fees and ~osts
shall bear interest fresh tho daw .of disbursement at the same rate as the principal of this Note,
7. WAIVERS
Borrower and any other per,Gq who has oblil~ations under this Note waive the rights of presentment and notice of
dishonor. '*Presentment" means th~ right to require Lender to demand payment of amounts due. "Notice of dishonor'*
means the right to requite Lender to give notice to other parsons that amounts due have not been paid.
8. GIVING OF NOTICILS
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will
be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at different
address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address
stated in Paragraph 4(8) or nta different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER TIllS NOTE
made in this Note, including the promise to pay the full amount owed. Any person who is n guarantor, surety or
endorser of this Note is also obfigntod to do these things. Any penon who takes over these obfigations, including the
obligations of a guarantor, surer,/or endorser of this Note, is n[~o obligated to keep all of the promises made in this
Note. Lender may enforce Its rtghts under this Note against each person individually or against all signatories
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
.~T,T.,~ $. MC~TT,T.
(Seal)
-Borrower
(Seal)
(Seal)
PAY TO THE ORDER OF:
RESOURCE BANCSHARES ~40RTGAGE GROUp, ~NC.
WITHOUT RECOU~. E ;~
~EAN'~. STERNER, Vice I~esident
CONS~r)~': FIR ST I~t0RTOAGE, INC. '
(Seal)
Exhibit "B"
Commo,awmdU~ Of
MORTGAGE
Lean ID# YK950050
THIS MORTGAGE ("security Instrument") is given on ~ 28T~, 1995
The Mortgagor is ~?,Ti~I S. ~G~LL and T~ESA A. NCGILLt Husband a~d Wife ..
("Borrower"). This Security Instrument is given to
which is organized and existin~ under the la,~ of ~ ~ O~' ~
and whose address is 8808 ~ PAI~ I~Ri'I~r 3RD FI.KX~ COI. I,I~ IgARyr_.~.}~ 21045
("L~nder"). Borrower owes Lender the prioclpal sum of
E'r~rJ."l ~ ~ ~ ~ NO/100, ,, Dollars
(U.S. $ 80,900.00 ). This debt is evidenced by Borrower's note dated the sam~ date as this Security
Instrument ("Note"), which pro,ides for monthly payments, with the full debt, if not paid earlier, due and payable on
[K~Y 1ST, 2025 .This Security Instrument secures to Lender:. (n) the repayment of the debt
evidenced by the Note, with interest, and all ren~ls, e~tensions and modifications; (b) the payment of all other sums,
with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performaoc~
of Borrower's covenants and It~enments under this Security Instrument and the Note, For this purpo~, Borrower does
hereby mortgage, grant and conv~y to Lender the following des~rihad property located in ~
Count~ Penn~l,amla:
which has the address of
437 gERRS'v"rt:r~ ~ , CARLISLE
(Street!
Permsyl',nnia 17013 ("Proparty Address");
[Zip CodeJ
TOGETHER WITH all th~ improvements now or hereafter erected off the property, and all easements, fights,
appurtenances, rents, royalties, mineral, oil and gas ~tghts and profit~ water rights and stock and all fixtures now or
hereafter a part of the proparty, All rephcements and additions shall also b~ covered by this Security Instrument All
of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully ~e~.d of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Proparty is unencumhared, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
Page 1 of 5
Loan ID~ YK950050
and (c) premiums for insuranc~ required by parngraph 4.
and (C) before they become delinquent.
If at any time the total of the payments held by Lender for items (a), (b), and (c), together with the future monthly
by Borrower for item (a), (b), or (c) is insufficient to pay the item when due, then Borrower shall pay to Lender any
Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c).
Loan ID# YK950050
if the property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and
preserve such vacant or abandoned property. Borrower shall also be in default if Borrower, during the loan application
process, geve materially false oi inaccurate information or statements to Lender (or failed to provide Lender with any
material information) in connection with the lan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a pclncipol residence. If this Security Instrument is on a leasehold,
Borrower shall comply with th{: provisions of the lease, ir Borrower acquires fee title to the Property, the leasehold and
fee title shall not be merged unless Lender agrees to the merger in writing.
6. Charges ~o Borrov, er nad Pr0ieetlon of Lendeds Rlght~ in the Proparty. Borrower shall pay all governmental or
municipal charges, fines and imp~itions that nrc not included in paragraph 2. Borrower shall pay these obligations on
time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the
Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make tbe~ payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as a preceding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Proparty and Lender's
rights in the Property, including payment of taxes, hazard insurance nnd other items mentioned in paragraph 2.
Any nmount~ disbursed by.Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security fnstrument. '~hese amounts shall bear interest fi.om the date of disbur~sment, at the Note
rate, and at the option of L~nder, shall be immediately due and payable.
7. Condemnation. The proceeds of =ny award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby
assigned and shah be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under
the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under
the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3,
and then to prepayment of principal Any application of the proceeds to the principal shall not extend or postpone the
due date of the monthly paymet~ts, which ere referred to in paragraph 2, or change the amount of such payments. Any
excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9, Grounds Far Accelerafion of DebL
(a) Default Lender may, except as limited by regulations issued by the Secretary in the case of payment
defaults, require immediate payment in full of nil sums secured by this Security Instrument i~
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in
this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if parmltted by applicable law and with the prior approval of
the Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of ~the Proparty, or a baneftcial interest in a trust owning all or part of the Property, is sold
or otherwise transferred (other than by devise or descent) by the Borrower, and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee do~s ~o occupy the Proparty but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would parmit Lender to require immediate payment in full, but
Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
id) Regulation! of HUI} Seo'etacy. In many circumstances regulations issued by the Secretary will limit
Lender's rights in the ease of paymsnt defaults to require immediate payment in full and foreclose if not paid.
This Security Instrument do~s not authorize acceleration or foreclosure if not permitted by regulations of the
Secretary.
(e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby
not be eligible for insurance under the National Housing Act within s~..x~y ( 60 ) days from the date
hereof, Lender may, at its option and notwithstanding anything in paragraph 9, require immediate payment in
full of all sums seolred by this Security Instrument. A written statement of any authorized agent of the
Secretary dated subsequent to $~ct:y (60) days from the date hereof, declining to insure this
Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility.
Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of
insurance is solely due to Lender's failure to remit n mortgage insurance premium to the Secretary.
I0. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
bacause of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings ate instituted. To reinstate the $egurity Instrument, Borrower shall tcndcr in a
lump sum all amounts required to bring Borrower's account current including, to the extent they nrc obligations of
Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorney's fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the
obligations that it secures shah remain in effect as if Lender had not required immediate payment in full. However,
Lender is not required to permit reinstatement if: ii) L~nder has accepted reinstatement after the commencement of
foreclosure proceedings withln two years immediately preceding the commencement of a current foreclosure
Page $ of 5
T.~a.~ ID# YK950050
proceeding, (ii} reinstatement ~[i preclude forecl~ure on different grounds in the future, or (iii) reinsmtemen~ will
Page 4 of 5
Loa~ ID# YK950050
23. Rlde~s to this Security Insttumen~ If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the
covenants and agreements of th!s Security Instruments as if the rider(s) were a part of this Security Instrument. [Check
applicable box(es)]
Condomininm Rider ~ Graduated Payment Rider [] Other [SPOciF/]
Planned Unit Development Rider I I Growing Equity Rider Legal Exhibit "A"
Adjustable Rate Rider
BY SIONINO B~LOW, Horro~er itcc~pts and agrees to the terms contained in this Security Instrument and in any
rider(s) executed by Borrower and recorded with it.
Witness6s: ~~~
(Seal)
(Seal)
w/thin-named Lender is
(Seal)
=Borrower
, do hereby certify that the correct address of the
8808 C~ITRE PARK I~,IVE, 3~D FL~]R, ~IA, ~ 21045
Witness my hand this 28TH day of A.t~ 1995
Agent of Lender
COMMONWEALTH OF PENN~/'LVANIA, ~ County Ss:
On this, the 28~d day of APR.~, 1995 , before me,
the undersigned officer, personally appeared
· .~T.T-t~I S. ~ al~ ~ A. ~G1T.T,, HUSBAND AND WIFE
known to me (or satisfactorily proven) to be the person S who~e name S are subscribed to the within
instru,ment and acknowledged that ~ executed the same for the purpose herein contained.
IN V~rlTNESS WHEREOF I hereunto set my hand and o~cial seal.
of
P~ge S of 5
EXHIBIT "A"
ALL THAT CERTAIN itract of land situate in West Pennsboro Township,
Cumberland County, Pennsylvania, more particularly bounded and
described in accordance with the subdivision plan for Donald
G.Jones, recorded in the hereinafter named recorder's office in
Plan Book 47, page 160, as follows:
· BEGINNING at a point in the original center line of 33 feet wide
L.R. 21004 known as Kerrsville Road at the dividing line between
Lots Nos. 2 and 3; thence from said point to the place of beginning
along said dividing line between said Lots Nos. 2 and 3, South 59
degrees 33 minutes 40 seconds East, a distance of 399.13 feet to an
iron pin in line 6f land now or formerly of Clyde E. Weibley;
thence along line of said land now or formerly of Clyde E. Weibley,
South 26 degrees 36 minutes 51 seconds East, a distance of 150.34
feet to a post; thence North 59 degrees 23 minutes 40 seconds West,
a distance of 395.38 feet to a point in the original center line of
said 33 feet wide L.R. 21004 known as Kerrsville Road; thence along
said original center line of 33 feet wide L.R. 21004 known as
Kerrsville Road, North 25 degrees 9 minutes 12 seconds East, a
distance of 150.64 feet to a point at the Place of BEGINNING.
So much of the above-described tract of land as lies within 25 feet
of the original center line of 33 feet wide L.R. 21004 known as
Kerrsville Road has been dedicated as a portion of the right of way
of said road as shown on said subdivision plan for Donald G. Jones
recorded as aforesaid.
BEING all of Lot No. 3 as shown on said subdivision plan for Donald
G.Jones recorded as aforesaid, and contains a total area of 1.368
acres.
BEING the same premises which Eva A. Mitchell, widow,
conveyed to Allen S. McGill and Theresa A. McGill,
wifW, Borrowers herein.
granted and
husband and
~ r,~RR~ , Assistant Secretary, and duly authorized representative of Plaintiff',
deposes and says subject to the penalties of 15 Pm C.S.A. Section 4904 relating to unswom
falsification to authorities that the facts set for& in the foregoing Complaint in Mortgage Foreclosure
axe Irue and correct to his information and belief.
Assistant
Grenen & Birsic, P.C.
Verification
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
CIVIL DIVISION
No.: 01-769 CIVIL
VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
NOTICE OF ORDER, DECREE OR IUDGMENT
TO: Allen S. McGill
37 Shagbark Lane
Carlisle, PA 17013
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $82,671.28
with interest on the principal sum at the rate of $17.53 per diem from March 27, 2001, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises.
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
CIVIL DIVISION
No.: 01-769 CIVIL
VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
NOTICE OF ORDER, DECREE OR IUDGMENT
TO: Theresa A. McGill
37 Shagbark Lane
Carlisle, PA 17013
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $82,671.28
with interest on the principal sum at the rate of $17.53 per diem from March 27, 2001, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged prervF~ses.
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
VS.
Plaintiff,
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
I hereby certify that the
address of Plaintiff is:
3415 Vision Drive
Columbus, Ohio 43219
the last known address of
Defendants is:
37 Shagbark Lane
Carlisle, PA 17013
CIVIL DIVISION
No.: 01-769 CIVIL
ISSUE NUMBER:
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
CODE -
FILED ON BEHALF OF PLAINTIFF:
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
GRENEN & BIRSIC, P.C.
Attorneys for Plaintiff
,_ SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00769 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MORTGAGE COMPANY - WEST
VS
MCGILL ALLEN S ET AL
KENNETH GOSSERT
Cumberland County, Pennsylvania, who being
says, the within COMPLAINT - MORT FORE
MCGILL ALLEN S
DEFENDANT , at 0012:45 HOURS,
at 37 SHAGBARK LANE
CARLISLE, PA 17013
ALLEN S. MCGILL
a true and attested copy of COMPLAINT
NOTICE
Sheriff or Deputy Sheriff of
duly sworn according to law,
was served upon
the
on the 15th day of February , 2001
by handing to
- MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 10.00
.00
31.10
Sworn and Subscribed to before
me this 2 $ ~-~ day of
/l~rothonotary ' ~ ~
So Answers:
R. Thomas Kline
02/22/2001
GRENEN & BIRSIC
SHERIFF'S RETURN -
CASE NO: 2001-00769 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MORTGAGE COMPANY - WEST
VS
MCGILL ALLEN S ET AL
REGULAR
RICHARD SMTIH ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
MCGILL THERESA A
DEFENDANT at 0018:16 HOURS,
at 98 BEETAM HOLLOW ROAD
NEWVILLE, PA 17241
THERESA MCGILL
a true and attested copy of COMPLAINT
NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 21st day of February_, __
by handing to
together with
- MORT FORE
2001
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 6.82
Affidavit .00
Surcharge 10.00
.00
22.82
Sworn and Subscribed to before
me this ~ ~ day of
P~othonotary
So Answers:
R. Thomas Kline
02/22/2001
GRENEN & BIRSIC ~q
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT IUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
)
) SS:
)
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Kristine M. Faust, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendants were not in the militat~ service of the United States of America to the best of her
knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment
was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
Sworn to and subscribed before ~ne
thisC~"~C~day of ~C'~g~ C' Y't'3 , 2001.
Notary Public
Notarial Seal
Memt)er, Pennsylvania Associatio~ ot Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
CIVIL DIVISION
Plain(~ff,
No.: 01-769 CIVIL
VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
TO: Allen S. McGill
37 Shagbark Lane
Carlisle, PA 17013
DATE OF NOTICE: March 14, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY 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
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT
AFFORD ONE, GO TO ORTELEPHONETHE FOLLOWING OFFICETO FIND OUTWHERE
YOU CAN GET LEGAL HELP:
COURT ADMINISTRATOR
4TM FLOOR, CUMBERLAND COLrNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
GRENEN & BIRSIC, P.C.
Att'orneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
FIRST CLASS MAIL, POSTAGE PREPAID
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
CIVIL DIVISION
Plaintiff,
No.: 01-769 CIVIL
VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
TO:
Theresa A. McGill
37 Shagbark Lane
Carlisle, PA 17013
DATE OF NOTICE: March 14, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY 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
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
COURT ADMINISTRATOR
4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
By:
GRENEN & BIRSIC, P.C.
Attomey'~ for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
FIRST CLASS MAIL, POSTAGE PREPAID
IN THE COURF OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
VS.
Plaintiff,
ALLEN S. McG~LL and
THERESA A. McGILL,
Defendants.
NO.: 01-769 CIVIL
ISSUE NO.:
TYPE OF PLEADING:
Praecipe to Withdraw Judgment
FILED ON BEHALF OF PLAINTIFF:
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa. I.D. No.: 77991
GRENEN & BIRSiC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
VS.
Plaintiff,
ALLEN S. McGILL and
THERESA A McGILL,
Defendants.
NO.: 01-769 CIVIL
TO:
SIR:
PRAECIPE TO WITHDRAW IUDGMENT
PROTHONOTARY
Kindly withdraw the judgment in the above-captioned matter and mark the docket
accordingly.
BY:
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorney for Plaintiff
Sworn to and subscribed before me
this /~ dayof ~,~[L~ , 2001.
Public/_,;
Notaria~ Seal
Rebeccs G, Blazina, Notary Public
Pittsburgh, Allegheny County
My Commission Expires June 2, 2003
Member, Pennsytvania Association ot Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
I hereby certify that the
address of Plaintiff is:
3415 Vision Drive
Columbus, Ohio 43219
the last known address's of
Defendants are:
37 Shagbark Lane
Carlisle, PA 17013
98 Beetam Hollow Road
Newville, PA 17241
CIVIL DIVISION
No.: 01-769 CIVIL
ISSUE NUMBER:
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
CODE -
FILED ON BEHALF OF PLAINTIFF:
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
GRENEN & BIRSIC, P.C.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
CIVIL DIVISION
No.: 01-769 CIVIL
rS,
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
PRAECIPE FOR DEFAULT IUDGMENT
TO: PROTHONOTARY
SIR:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants, Allen S. McGill and Theresa A. McGill, in the amount of $84,751.27, which
is itemized as follows:
Principal
Interest to 6/14/01
Late Charges to 6/14/01
Escrow Deficiency to 6/14/01
Attorneys' fees
Title Search, Foreclosure and
Execufton Costs
TOTAL
$73,128.48
$ 6,626.64
$ 465.55
$ 2,230.60
$ 800.00
$ 1,500.00
$84,751.27
with interest on the principal sum at the rate of $17.53 per diem from June 14, 2001, and additional
late charges, addiflonal reasonable and actually incurred attorneys' fees, plus costs (including
increases in escrow deficiency) and for foreclosure and sale of the mortgaged prenfises.
BY:
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorneys for Plaintiff
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT IUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
)
) SS:
)
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Krisdne M. Faust, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendants were not in the military service of the United States of America to the best of her
knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment
was mailed in accordance with Pa. R.C.P. 237.l, as evidenced by the attached copies.
Sworn to and subscribed before me
this . ay of '- "~ t/~. ,2001.
Notary Public
Notarial Seal
Kathleen L. Miohaels, Notary Public
Pittsburgh, AIle[~heny County
My Commission Expires Jan. 17, 2005
Member, Pennsylv'aIfia Association ot Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY .WEST,
f/k/a MELLON MORTGAGE COMPANY,
CIVIL DIVISION
Plaintiff,
No.: 01-769 CIVIL
'VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
TO: Allen S. McGill
37 Shagbark Lane
Carlisle, PA 17013
DATE OF NOTICE: March 14, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT'FEN
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
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
COURT ADMINISTRATOR
FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
GRENEN & BIRSIC, P.C.
AttOrneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
FIRST CLASS MAIL, POSTAGE PREPAID
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
CIVIL DIVISION
Plaintiff,
No.: 01-769 CIVIL
VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
TO:
Theresa A. McGill
98 Beetam Hollow Road
Newville, PA 17241
DATE OF NOTICE: June 7, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITFEN
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
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT
AFFORD ONE, GO TO ORTELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
COURT ADMINISTRATOR
4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
ORENEN & BIRSIC, P.C.
Attorthegs for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
FIRST CLASS MAIL, POSTAGE PREPAID
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
CIVIL DIVISION
No.: 01-769 CIVIL
VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
NOTICE OF ORDER, DECREE OR IUDGMENT
TO: Allen S. McGill
37 Shagbark Lane
Carlisle, PA 17013
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on tP, co/
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $84,751.27
with interest on the principal sum at the rate of $17.53 per diem from June 14, 2001, and additional
late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including
increases in escrow deficiency) and for foreclosure and sale of the mortgaged preafises.
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
CIVIL DWISION
No.: 01.769 CIVIL
VS.
ALLEN S. McGILL and
THERESA A. McGILL,
Defendants.
NOTICE OF ORDER, DECREE OR lUDGMENT
TO:
Theresa A. McGill
98 Beetam Hollow Road
Newville, PA 17241
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notiried that an Order, Decree or
Judgment was entered in the above captioned proceeding
on. JW
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $84,751.27
with interest on the principal sum at the rate of $17.53 per diem from June 14, 2001, and additional
late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including
increases in escrow deficiency) and for foreclosure and sale of the mortgaged prerrdses.
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAEClPE FOR WRIT OF EXECUTION
Caption:
Chase Mortgage Company - West, f/k/a
Mellon Mortgage Company
VS,
Allen S. McGill and
Theresa A. McGill
( ) Confessed Judgment
( X ) Other
File No. 01-769 CIVIL
Amount Due $84,751.27
~nterest $4,977.37 (6/14/01 to sale)
Atty's Corem
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
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 original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of CUMBERLAND
for debt, interest and costs, upon the following described property of the defendant(s)
Single-family Dwelling at 437 Kerrsville Road, Carlisle, PA 17013
County,
PLEASE SEE ATTACHED LEGAL DESCRIPTION
PRAECIPE FOR ATTACHMENT EXECUTION
issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Signature:
Print Name:
Address:
Date
Kristine M. Faust
renen & Birsic, P.C.
Gateway Center, Nine West
Pittsl)urgb, PA 15222
Attorney for: Plaintiff
Telephone: (412) 281-7650
Supreme Court ID No.: 77991
(over)
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described in accordance with the subdivision plan for Donald
G, Jones, recorded in the hereinafter named recorder's office in Plan Book 47, page 160, as follows:
BEGINNING at a point in the original center line of 33 feet wide L.R. 21004 known as Kerrsville
Road at the dividing line between Lots Nos. 2 and 3; thence from said point to the place of beginning along
said dividing line between said Lots Nos. 2 and 3, South 59 degrees 33 minutes 40 seconds East, a distance
of 399.13 feet to an iron pin in line of land now or formerly of Clyde E. Weibley; thence along line of said
land now or formerly of Clyde E. Weibley, South 26 degrees 36 minutes 51 seconds East, a distance of
150.34 feet to a post; thence North 59 degrees 33 minutes 40 seconds West, a distance of 395.38 feet to a
point in the original center line of said 33 feet wide L.R. 21004 known as Kerrsville Road; thence along said
original center line of 33 feet wide L.R. 21004 known as Kerrsville Road, North 25 degrees 9 minutes 12
seconds East, a distance of 150,64 feet to a point at the Place of BEGINNING.
So much of the above-described tract of land as lies within 25 feet of the original center line of 33
feet wide L.R. 21004 known as Kerrsville Road has been described as a portion of the right of way of said
road as shown on said subdivision plan for Donald G. Jones recorded as aforesaid.
BE1NG all of Lot No. 3 as shown on said subdivision plan for Donald G. Jones recorded as aforesaid,
and contains a total area of 1.368 acres.
The above-described tract of land is conveyed under and subject to the following instructions:
No mobile home shall be place upon or permitted to remain upon the within-described lot or upon
Lot No. 2 of the subdivision plan of Donald G. Jones recorded as aforesaid, on or after June 14, 1987.
It is to be noted that the driveway shown on Lots No. 2 and 3 on said subdivision plan for Donald
G. Jones recorded as aforesaid, is not the access to Lot No. 1 and the owners and occupiers of Lots No. 1 and
2 have no rights in said driveway.
BEING the same premises which Eva A. Mitchell, widow, by Deed dated April 28, 1995 and
recorded in the Office of the Recorder of Deeds of Cumberland County on April 28, 1995, in Deed Book
Volume 121, Page 501, granted and conveyed unto Allen S. McGill and Theresa A. McGill, Husband and
Wife.
By:
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Parcel No.46-09-0521-052E
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
¥S,
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff in the above
action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following
information was of record concerning the real property of Allen S. McGill and Theresa A.
McGill located at 437 Kerrsville Road, Carlisle, PA 17013 and is more fully described as
follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND
THERESA A. MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W.
PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE
ROAD, CARLISLE, PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E.
1. The name and address of the owners or reputed owners:
Allen S. McGill 37 Shagbark Lane
Carlisle, PA 17013
Theresa A. McGill 98 Beetam Hollow Road
Newville, PA 17241
2. The name and address of the defendants in the judgment:
Allen S. McGill 37 Shagbark Lane
Carlisle, PA 17013
Theresa A. McGill 98 Beetam Hollow Road
Newville, PA 17241
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Chase Mortgage Company-West, f/k/a [PLAINTIFF]
Mellon Mortgage Company
4. The name and address of the last record holder of every mortgage of record:
[PLAINTIFF]
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company
Mellon Bank
P.O. Box 149
Pi~sburgh, PA15230
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue
Bureau of Individual Taxes
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 17128-0601
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: NONE
7. The name and address of every other person whom the plaimiffhas knowledge who has any
interest in the property which may be affected by the sale: NONE
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworu falsification to authorities.
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this ICSC~- day of
Notary Public
Patricia A. Townsend, Notary Public
P ttsburgh, Allegheny County
My Commission Expires June 2, 2003
Member, Pennsylvania Association et Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET SEQ.
AND ACT 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly
sworn according to law deposes and says that Plaintiff was not required to send Defendants
written notice pursuant to 35 P.S. § 1680.403C (Homeowner's Emergency Mortgage Assistance
Act of 1983 - Act 91 of 1983) prior to the commencemem of this action for the reason that the
aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the
National Housing Act (12 U.S.C. §§1701-1715z-18) [35 P.S. §1680.401C(a)(3)].
Additionally, Plaintiff was not required to send Defendant written notice of Plaintiffs
intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the
commencement of this action for the reasons that said Mortgage is not a "residential mortgage"
as defined in 41 P.S. §101 and the Defendant is not a "residential mortgage debtor" as defined in
41 P.S. §101.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS ~--DAY OF
Notary Public
Notarial Seal
Patricia A, Townsend, ~N,,otary Public
Pittsburgh, Allegheny County
My Commission Expires June 2, 2003
Member, Pennsylvania Association of Notaries
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
AFFIDAVIT OF LAST KNOWN ADDRESS
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly
sworn according to law deposes and says that the owners of the property located at 437 Kerrsville
Road, Carlisle, Pennsylvania 17013 are Defendants, Allen S. McGill and Theresa A. McGill, who
reside at 37 Shagbark Lane, Carlisle, Pennsylvania 17013 and 98 Beetam Hollow Road, Newville,
Pennsylvania 17241, respectively, to the best of her information, knowledge and belief.
SWORN TO AND SUBSCRIBED BEFORE
Notary Public
Notarial Seal
Patricia A. Townsend, Notary Public
Pittsburgh, Allegheny County
My Commission Expires June 2, 2003
Member, Pennsylvania Association o; i',~otaries
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Allen S. McGill
37 Shagbark Lane
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2"4 Floor
1 Courthouse Square
Carlisle, PA 17013
on Wednesday, December 5, 2001, at 10:00 A.M., the following described real estate, of which
Allen S. McGill and Theresa A. McGill are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND
THERESA A. MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W. PENNSBORO
TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A
DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE ROAD, CARLISLE,
PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company,
Plaintiff,
VS.
Allen S. McGill and
Theresa A. McGill,
Defendants
at Execution Number 01-769 CIVIL in the amount of $89,728.64.
Claims against the property must be filed with the Sheriffbefore the above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30)
days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
This paper is a notice of the date and time of the sale of your property. It has been issued
because there is a judgment against you. It may cause your property to be held or taken to pay the
judgment. You may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you must act
promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717)240-6200
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary.
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 for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to ftle the defense on time.
If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue
of whether the plaintiff has a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriffhas not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty (20) days after service or in certain other events. To exercise this right you would have to
file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff s Sale if you can show a defect in the Writ of Execution of service or demonstrate any other
legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE
IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED
IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
GRENEN & BIRSIC, P.C.
Kristme M. Faust, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described in accordance with the subdivision plan for Donald
G. Jones, recorded in the hereinafter named recorder's office in Plan Book 47, page 160, as follows:
BEGINNING at a point in the original center line of 33 feet wide L.R. 21004 known as Kerrsville
Road at the dividing line between Lots Nos. 2 and 3; thence from said point to the place of beginning along
said dividing line between said Lots Nos. 2 and 3, South 59 degrees 33 minutes 40 seconds East, a distance
of 399.13 feet to an iron pin in line of land now or formerly of Clyde E. Weibley; thence along line of said
land now or formerly of Clyde E. Weibley, South 26 degrees 36 minutes 51 seconds East, a distance of
150.34 feet to a post; thence North 59 degrees 33 minutes 40 seconds West, a distance of 395.38 feet to a
point in the original center line of said 33 feet wide L.R. 21004 known as Kerrsville Road; thence along said
original center line of 33 feet wide L.R. 21004 known as Kerrsville Road, North 25 degrees 9 minutes 12
seconds East, a distance of 150.64 feet to a point at the Place of BEGINNING.
So much of the above-described tract of land as lies within 25 feet of the original center line of 33
feet wide L.R. 21004 known as Kerrsville Road has been described as a portion of the right of way of said
road as shown on said subdivision plan for Donald G. Jones recorded as aforesaid.
BEING all of Lot No. 3 as shown on said subdivision plan for Donald G. Jones recorded as aforesaid,
and contains a total area of 1.368 acres.
The above-described tract of land is conveyed under and subject to the following instructions:
No mobile home shall be place upon or permitted to remain upon the within-described lot or upon
Lot No. 2 of the subdivision plan of Donald G. Jones recorded as aforesaid, on or after June 14, 1987.
It is to be noted that the driveway shown on Lots No. 2 and 3 on said subdivision plan for Donald
G. Jones recorded as aforesaid, is not the access to Lot No. 1 and the owners and occupiers of Lots No. 1 and
2 have no rights in said driveway.
BEING the same premises which Eva A. Mitchell, widow, by Deed dated April 28, 1995 and
recorded in the Office of the Recorder of Deeds of Cumberland County on April 28, 1995, in Deed Book
Volume 121, Page 501, granted and conveyed unto Allen S. McGill and Theresa A. McGill, Husband and
Wife.
GRENEN & BIRSIC, P.C.
By: t~4-~ Ft J~ t{~(. ~'"~J. ZA~ / ~/.~
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Parcel No.46-09-0521-052E
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaimiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
Sale Date: 12/5/01
)
) NO.: 01-769 CIVIL
)
) ISSUE NUMBER:
)
) TYPE OF PLEADING:
) Pa. R.C.P. RULE 3129.2(c)(2)
) LIENHOLDER AFFIDAVIT OF
) SERVICE
)
) CODE-
)
) FILED ON BEHALF OF PLAINTIFF:
)
) Chase Mortgage Company-West, f/k/a
) Mellon Mortgage Company
)
) COUNSEL OF RECORD FOR THIS
) PARTY:
)
) Kristine M. Faust, Esquire
) Pa. I.D. # 77991
)
) GRENEN & BIRSIC, P.C.
) One Gateway Center, Nine West
) Pittsburgh, PA 15222
) (412) 281-7650
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY, NO.: 01-769 CIVIL
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, Kristine M. Faust, Attorney for Plaintiff, Chase Mortgage Company-West, f/k/a Mellon
Mortgage Company, being duly sworn according to law, deposes and makes the following Affidavit
regarding service of the notice of the sale of real property on all persons named in Paragraphs 3
through 7 of PlaintifPs Affidavit Pursuant to Rule 3129.1 as follows:
1. By letters dated September 12,2001, undersigned counsel served all persons (other
than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1
with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the
Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1
and Certificate of Mailing and any letters, if returned as of this date, are marked Exhibit "A",
attached hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
BY:
Kristlne M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
methis~A day of //(J(~[/~ J/Ft~(~( ,2001.
Notary Public c'
Notab~ Seal 'c
Rebecca G. ~31azma, Notary Publi
Exhibit "A"
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Chase Mortgage Company-West, f/kIa Mellon Mortgage Company, Plaintiff in the above
action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following
information was of record concerning the real property of Allen S. MeGill and Theresa A.
McGill located at 437 Kerrsville Road, Carlisle, PA 17013 and is more fully described as
follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND
THERESA A. MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W.
PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE
ROAD, CARLISLE, PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E.
1. The name and address of the owners or reputed owners:
Allen S. McGill
37 Shagbark Lane
Carlisle, PA 17013
Theresa A. McGill
98 Beetam Hollow Road
Newville, PA 17241
2. The name and address of the defendants in the judgment:
Allen S. McGill
37 Shagbark Lane
Carlisle, PA 17013
Theresa A. McGill
98 Beetam Hollow Road
Newville, PA 17241
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company
[PLAINTIFF]
The name and address of the last record holder of every mortgage of record:
Chase Mortgage Company-West, f/k/a [PLAINTIFF]
Mellon Mortgage Company
Mellon Bank
P.O. Box 149
Pittsburgh, PA 15230
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue
Bureau of Individual Taxes
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 17128-0601
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: NONE
7. The name and address of every other person whom the plaintiffhas knowledge who has any
interest in the property which may be affected by the sale: NONE
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
GRENEN & BIRSIC, P.C.
By?t .%&O&~ · '
Kristine M. Faust, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this I(~- day of ~'f'~C~r'c~('~ 73,,..,2001.
~blic
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT pOs~ mark./~nquire of
PROVIDE FOR iNSURANCE -POSTMASTER ~ ~5ostma~{er fop current
Received From: !fee. ~
PS Form 3817, Mar. 1989
Affix fee here in stamps
u.s, POSTAL SERVICE CERTIFICATE OF MAILING or metqr po~tage and
MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ~st mark,~uire of
PROVIDE FOR INSURANCE--POSTMASTER ,P~stm~ter for,{urren!
~piece of ordin;ry mail a?dressed t~ ~ , ~ ~'; ~ '~
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps
and
MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER
Received From:
GP,£N~N & BIRSIC, PC.
GNE GATEWAY CENTER
N;NE WEST
PITT,]DURGH, PA 15222
STATE OF PENNSYLVANIA, {
COUNTY OF CUMBERLANDt ss.
Robert: P Ziegler
I, .............................................................................. Recorder of
Deeds in and for said County and State do'hereby certify that the SherifFs Deed in which ................
Chase Mtg Co-West fka Mellon Mtg Co
is the grantee
5th
the same having been sold to said grantee on the ............................................... day of
01
Dec A.D.,: ..... , under and by virtue of a writ ..............
......................................... llth
Execution
................................................ issued on thc .....................................
01
day of Sept A.D., ..... ~ out of thc Court of Foreman Plea~ of said County'as ~f~
Civil
.................................................................................. Term,: ......
' 769 Chase Mtg Co=West fka Mellon Mtg Co
Number .............. , at the suit of ...............................................................
allen S McGill &n Theresa A
................................... against ........................... ~"/7 ..................... is
250
duly recorded in SherifFs Deed Book No ............. , Page .............
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office t ts ........... aay
o{ ..... -=~=---~-?=--('~---/=~ ........... A.D., ff~.a~=._'~__
.....
Chase Mortgage Company - West fAda
Mellon Mortgage Company
VS
Allen S. McGill and Theresa A. McGill
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-769 Civil Term
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law,
states that on Oct. 05, 2001 at 1:45 o'clock P.M., E.D.S.T., he served a true copy of the
within Real Estate Writ, Notice, Poster and Description, in the above entitled action,
upon the within named defendant, to wit: Allen S. McGill, by making known unto Lisa
Verrecchia, adult in charge, at 37 Shagbark Lane, Carlisle, Pennsylvania, its contents and
at the same time handing to her personally the said true attested copy of the same.
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
states that on Oct. 08, 2001 at 1:55 o'clock P.M., E.D.S.T., he served a true copy of the
within Real Estate Writ, Notice, Poster and Description, in the above entitled action,
upon the within named defendant, to wit: Theresa A. McGill, by making known unto
Theresa McGill personally, at 98 Beetem Hollow Road, Newville, Pennsylvania, its
contents and at the same time handing to her personally the said true attested copy of the
same.
Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states
that on October 3, 2001 at 4:46 P.M., E.D.S.T., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Allen S. McGill and Theresa A. McGill located at 437 Kerrsville Road,
Carlisle, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriffmailed a notice of the pendency of the action to one of the within named
defendants to wit: Allen S. McGill, by regular mail to his last known address of 37
Shagbark Lane, Carlisle, PA 17013. This letter was mailed under the date of October 9,
2001 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriffmailed a notice of the pendency of the action to one of the within named
defendants to wit: Theresa A. McGill, by regular mail to her last known address of 98
Beetem Hollow Rd., Newville, PA 17241. This letter was mailed under the date of
October 9, 2001 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for
the sum of $50,000.00 to Attorney Kristine Faust for Chase Mortgage Company-West,
f/k/a Mellon Mortgage Company. It being the highest bid and best price received for the
same, Chase Mortgage Company-West, ffk/a Mellon Mortgage Company of 3415 Vision
Drive, Columbus, OH 43219, being the buyer in this execution, paid Sheriff R. Thomas
Kline the sum of 1,998.87, it being costs.
Sheriff's Costs:
Docketing $30.00
Poundage 800.00
Posting Bills l 5.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 14.30
Certified Mail 4.53
Levy 15.00
Surcharge 30.00
Legal Search 200.00
Law Journal 446.75
Patriot News 309.63
Share of bills 25.66
Distribution of proceeds 25.00
Sheriff's Deed 26.50
$1,998.87
Sworn and subscribed to before me
This ~g-~ day of -.,~ ~- ~
R. Thomas Kline, Sheriff
Rea?Estate Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3 ! 29.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff in the above
action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following
information was of rec~ord concemin_ g the real property of Allen S. McGill and Theresa A.
McGill located at 437 Kerrsville Road, Carlisle, PA 17013 and is more fully described as
follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND
THERESA A. MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W.
PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE
ROAD, CARLISLE, PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E.
1. The name and address of the owners or reputed owners:
Allen S. McGill 37 Shagbark Lane
Carlisle, PA 17013
Theresa A. McGill 98 Beetam Hollow Road
Newville, PA 17241
2. The name and address of the defendants in the judgment:
Allen S. McGill 37 Shagbark Lane
Carlisle, PA 17013
Theresa A. McGill 98 Beetam Hollow Road
Newville, PA 17241
3. The name and last known address of every judgmem creditor whose judgment is a record lien
on the real property to be sold:
Chase Mortgage Company-West, f/k/a [PLAINTIFF]
Mellon Mortgage Company
4. The name and address of the last record holder of every mortgage of record:
Chase Mortgage C,.
Mellon Mortgage Company
Mellon Bank
::,t, f/k/a [PLAINTIFF]
P.O. Box 149
Pittsburgh, PA 15230
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations
P.O, Box 320
Carlisle, PA 17013
PA Dept. Of Revenue
Bureau of Individual Taxes
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 17128-0601
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: NONE
7. The name and address of every other person whom the plaintiffhas knowledge who has any
interest in the property which may be affected by the sale: NONE
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
GRENEN 8,: BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this
Notary Public
IN THE COURT OF COMMON PLEAS OF ~UMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
ffk/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Theresa A. McGill
98 Beetam Hollow Road
Newville, PA 17241
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2"a Floor
1 Courthouse Square
Carlisle, PA 17013
on Wednesday, December 5, 2001, at 10:00 A.M., the following described real estate, of which
Allen S. McGill and Theresa A. McGill are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND
THERESA A. MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W. PENNSBORO
TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A
DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE ROAD, CARLISLE,
PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company,
Plaintiff,
VS.
Allen S. McGill and
Theresa A. McGill,
Defendants
at Execution Number 01-769 CIVIL in the amount of $89,728.64.
Claims against the property must be filed with the Sheriffbefore the above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30)
days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
This paper is a notice of the date and time of the sale of your property. It has been issued
because there is a judgment against you. It may cause your property to be held or taken to pay the
judgment. You may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you must act
promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Court Administrator
Floor, Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717)240-6200
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary.
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 for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for falling to file the defense on time.
If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue
of whether the plaintiff has a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriffhas not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty (20) days after service or in certain other events, To exercise this right you would have to
file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other
legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE
IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WII.T DELIVER THE DEED
IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TE ,) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED 1N THE OFFICE OF THE
SHERIFF.
GRENEN & BIRSIC, P.C.
Kris~e M. ~aust, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
NO.: 01-769 CIVIL
VS.
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Allen S. McGill
37 Shagbark Lane
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on Wednesday, December 5, 2001, at 10:00 A.M., the following described real estate, of which
Allen S. McGill and Theresa A. McGill are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALLEN S. MCGILL AND
THERESA A. MCGILL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN W. PENNSBORO
TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A
DWELLING BEING KNOWN AND NUMBERED AS 437 KERRSVILLE ROAD, CARLISLE,
PA 17013. DBV 121, PAGE 501, AND PARCEL # 46-09-0521-052E.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company,
Plaintiff,
VS.
Allen S. McGill and
Theresa A. McGill,
Defendants
at Execution Number 01-769 CIVIL in the mount of $89,728.64.
Claims against the property must be filed with the Sheriff before the above sale date.
Claims to proceeds must be made with the Office of the Sheriffbefore 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 Distribntion is filed in the
Office of the Sheriff.
This paper is a notice of the date and time of the sale of your property. It has been issued
because there is a judgment against you. It may cause your property to be held or taken to pay the
judgment. You may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you must act
promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717)240-6200
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary.
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 for Mortgage Foreclosure and
Notice to Defend, you may have the fight to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time.
If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue
of whether the plaintiffhas a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriffhas not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty (20) days after service or in certain other events. To exercise this fight you would have to
file a petition to strike the judgment.
You may also have the fight to petition the Court to stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execntion of service or demonstrate any other
legal or equitable tight.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE
IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED
IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED 1N THE OFFICE OF THE
SHERIFF.
GRENEN & BIRSIC, P.C.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS~ OF C~MBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-769 CIVIL
Plaintiff,
ALLEN S. MCGILL and
THERESA A. MCGILL,
Defendants.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described in accordance with the subdivision plan for Donald
G. Jones, recorded in the hereinafter named recorder's office in Plan Book 47, page 160, as follows:
BEGINNING at a point in the original center line of 33 feet wide L.R. 21004 known as Kerrsville
Road at the dividing line between Lots Nos. 2 and 3; thence from said point to the place of beginning along
said dividing line between said Lots Nos. 2 and 3, South 59 degrees 33 minutes 40 seconds East, a distance
of 399.13 feet to an iron pin in line of land now or formerly of Clyde E. Weibley; thence along line of said
land now or formerly of Clyde E. Weibley, South 26 degrees 36 minutes 51 seconds East, a distance of
150.34 feet to a post; thence North 59 degrees 33 minutes 40 seconds West, a distance of 395.38 feet to a
point in the original center line of said 33 feet wide L.R. 21004 known as Kerrsville Road; thence along said
original center line of 33 feet wide L.R. 21004 known as Kerrsville Road, North 25 degrees 9 minutes 12
seconds East, a distance of 150.64 feet to a point at the Place of BEGINNING.
So much of the above-described tract of land as lies within 25 feet of the original center line of 33
feet wide L.R. 21004 known as Kerrsville Road has been described as a portion of the right of way of said
road as shown on said subdivision plan for Donald G. Jones recorde4 as aforesaid.
BEING all ofLotNo. 3 as shown on said s'~bd[¥ision plan for Donald G. Jones recorded as aforesaid,
and contains a total area of 1.368 acres.
The above-described tract of land is conveyed under and subject to the following instructions:
No mobile home shall be place upon or permitted to remain upon the within-described lot or upon
Lot No. 2 of the subdivision plan of Donald G. Jones recorded as aforesaid, on or after June 14, 1987.
It is to be noted that the driveway shown on Lots No. 2 and 3 on said subdivision plan for Donald
G. Jones recorded as aforesaid, is not the access to Lot No. 1 and the owners and occupiers of Lots No. 1 and
2 have no rights in said driveway.
BEING the same premises which Eva A. Mitchell, widow, by Deed dated April 28, 1995 and
recorded in the Office of the Recorder of Deeds of Cumberland County on April 28, 1995, in Deed Book
Volume 121, Page 501, granted and conveyed unto Allen S. McGill and Theresa A. McGill, Husband and
Wife.
By:
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Parcel No.46-09-0521-052E
WRIT OF EXECUTIQN ~and/or ATTACHMENT
COMMONWEALTH Of PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.
01-769 CIVIL 1~Ix TEi%'v/
CIVIL ACTION - LAW
TO THE SHERIFF OF
from
Ct.~berland
To satisfy the debt, interest and costs due
Mo~lzqaqe
Allen S. McGill, 37 Shagbark Lane, Carlisle,
98 Beetam Hollow Road, Newville, PA 17241
COUNTY:
Chase Mortgage Cc~pany - West, f/k/a Mellon
PLAINTIFF(S)
PA 17013 and Theresa A. McGill,
(1) You are directed to levy upon the property of the defendant(s) and to sell
DEFENDANT(S)
See Legal Description
(2) You are also directed to attach the property o! the defendant(s) not levied upon in the possession
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any propedy of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment islound 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
$84,751.27
Interest $4_,977.37 (6/14/01 ~:o
Atty's Corem %
Atty Paid S134.92 ____
Plaintilf Paid
L.L.__ $.50
Due Prothy $1.00
Other Costs
Date: September 11, 2001
REQUESTING PARTY:
Name Kristine M. Faust, Esq.
GRenen & Birsic, PC
Address:
One C~tc~ay Ccntcr, Nine West
Pittsburgh, PA 15222
Attorney for: Plaintiff
Telephone: 412-281-7650
Supreme Court ID NO. 77991
Curtis R. Long
Prothonotary, Civil DivisiOn
On September 17, 2001, the sherifflevied upon the
defendant's interest in the real property situated in West Pennsboro
Township, Cumberland County, PA, known and numbered as
437 Kerrsville Road, Carlisle, and more fully
described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
Date: September 17, 2001
Real Eg~ate Deputy
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that thc printed notice or publication attached hereto is
exactly thc same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 12, 19, 26, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
RF-,AL ~TAT~ ~ NO. 41
Writ No. 2001-769 Civil
Chase Mortgage Company--West
f/k/a Mellon Mortgage Company
VS.
Allen S. McGtll and
Theresa A. McGfll
Atty.: Krlstme M. Faust
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract of land
situate tn West Pennsboro Town-
ship, Cumberland County, Pennsyl-
vania, more particularly bounded
and described tn accordance with
the subdivision plan for Donald G.
Jones, recorded in the hereinafter
named recorder's office in Plan Book
47, page 160, as follows:
BEGINNING at a point in the
original center line of 33 feet wide
~og r~Editor
SWORN TO AND SUBSCRIBED before me this
26 day of OCTOBER. 2001
NOT/~RI/~,L SEAL
LOIS E. SN'YDER, ~*~o~./Public
THE F3/ FRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th~
Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the
6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Con)pany and subsequently duly recorded in
the office for the Recording of Deeds in and )n~ I~
for said County of Dauphi in mcellaneous Book "M",
Volume 14, Page 317.
PUBLICATION ........................................................................................
COPY
S A L E #41
~orn to and subscribed b~E,,= .,~J-~s 19th da~of Np'~ber 2001 A.D.
My Commis~on Expires du~ 6, 206~ //
N~ARY PUBLIC
M~r ~nnsyNana ~at~ al No~a~s . .
~y commsson expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 308.13
$ 1.50
$ 309.63
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
SCHEDULE OF DISTRIBUTION
SALE #41
Writ No. 2001-769 Civil Term
Chase Mortgage Company-West, f/k/a
Mellon Mortgage Company
VS
Allen S. McGill and
Theresa A. McGill
Sale Date:
Buyer:
Bid Price:
December 5, 2001
Chase Mortgage Company-West f/k/a Mellon Mortgage Company
$50,000.00
Real Debt: $84,751.27
Interest: 4,977.37
Writ Costs: 134.92
Total $89,863.56
DISTRIBUTION:
Amount Collected: $1,998.87
Legal Search: 200.00
Sheriff's Costs: 1,798.87
So Answers:
R. Thomas Kline, Sheriff
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 41
Held Wednesday, December 5, 2001
Date: December 5, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the currant year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated ,2001, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which Eva A. Mitchell, widow, by deed April 28, 1995 and
recorded April 28, 1995 in the Office of the Recorder of Deeds in and for Cumberland County in
Carlisle, Pennsylvania in Deed Book 121, Page 501 granted and conveyed to Allen S. McGill and
Theresa A. McGill, his wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of L.R. 21004, known as Kerrsville Road,
dedicated 25 feet from the center line.
Conditions, easements and restrictions shown on or set forth on the Final Subdivision
Plan for Donald G. Jones recorded in Cumberland County Plan Book 47, Page 160 and
as shown on or set forth on the Final Subdivision Plan of Clyde E. Weibley, recorded in
Cumberland County Plan Book 27, Page 102,
7. Building and use conditions and restrictions as set forth in the deed of Eva A. Mitchell
and recorded in Deed Book 121, Page 502 as follows: "No mobile homes shall be
placed upon or permitted to remain upon the within described Lot or upon Lot #2 of the
Subdivision Plan of Donald G. Jones recorded as aforesaid, on or after June 14, 1987."
Mortgage in the amount of $80,900.00 given by Allen S. McGill and Theresa A. McGill
to Consumer First Mortgage, Inc. dated April 28, 1995 and recorded April 28, 1995 in
Mortgage Book 1260, Page 716. Assigned to Resource Bancshares Mortgage Group
Inc., by instrument recorded in Miscellaneous Record Book 495, Page 344. Further
assigned to Mellon Mortgage Company by instrument recorded in Miscellaneous
Record Book 506, Page 1091.
Complaint filed by Chase Mortgage Company - West, formerly known as Mellon
Mortgage Company as Plaintiff against Allen S. McGill and Theresa A. McGill as
Defendants in the Office of the Prothonotary of Cumberland County on February 8,
2001 to file No. 01-769. Default judgment in the amount of $84, 751.27 entered June
15, 2001.
Mortgage in the amount of $34,179.11 given by Allen S. McGill and Theresa A. McGill,
to Mellon Bank, N.A. dated March 17, 1998 recorded March 18, 1998 in Mortgage
Book 1438 Page 854.
10.
Rights granted by Clyde E. Weibley and Doris R. Weibley, his wife to the Pennsylvania
Power and Light Company by instrument recorded in Miscellaneous Record Book 248,
Page 36.
11.
Rights granted by Raymond E. Shearer and Jennie R. Shearer, his wife to Carlisle Gas
and Water Company by instrument recorded in Miscellaneous Record Book 65, Page
582.
12.
Rights granted by Raymond E. Shearer and Jennie R. Shearer, his wife, to American
Telegraph and Telephone Company by instrument recorded in Miscellaneous Record
Book 70, Page 103.
13. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
14,
Satisfactory evidence to be produced that the advertisement of the property for sale is
satisfactory in spite of the absence of any reference to the improvements on the subject
property.
15. Real estate taxes accruing on and after January 1, 2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
Note: This Title Report shall not be valid~binding
until countersigned by an authorized signatory.
REAL ESTATI!i SALE t~10. 41
Writ No. 2001-769 Civil
Chase Mortgage Company--West
f/k/a Mellon Mortgage Company
Allen $. McGfll and
Theresa A. McGII1
Atty.: Krlstine M. Faust
LONG FORM DESCRiPTION
ALL THAT CERTAIN tract of land
situate in West Pennsboro Town-
ship, Cumberland County, Pen~syl~
vania, more particularly bounded
and described in accordance with
the subdivision plan for Donald G.
Jones. recorded in the hereinafter
named recorder's office in Plan Book
47, page 160, as follows:
BEGINNING at a point in the
original center line of 33 feet wide
L.R. 21004 known as Kerrsville
Road at the dividing line between
Lots Nos, 2 and 3; thence from said
point to the place of beginning along
said dividing line between said Lots
Nos. 2 and 3. South 59 degrees 33
minutes 40 seconds East. a distance
of 399.13 feet to an iron pin in line
of land now or fo~'merly of Clyde E.
Weibley; thence along line of said
land now or formerly of Clyde E.
Weibley. South 26 degrees 36 min-
utes 51 seconds East, a distance of
150.34 feet to a post; thence North
59 degrees 33 minutes 40 seconds
West. a distance of 395,38 feet t/i a
point in the original center line of
said 33 feet wide L.R. 21004
known as Kerrsville Road; thence
along said original center line of 33
feet wide L.R. 21004 known as
Kerrsvllle Road, North 25 degrees
9 minutes 12 seconds East, a dis-
tance of 150.64 feet to a point at
the Place of BEGINNING.
So much of the above-described
tract of land as lies within 25 feet
of the original center line of 33 feet
wide L.R. 21004 known as Kerrs-
v91e Road has been described as a
portion of the right of way of said
road as shown on said subdivision
plan for Donald G. Jones recorded
as aforesaid.
BEING all of Lot No. 3 as shown
on said subdivision plan for Donald
G, Jones recorded as aforesaid, and
contains a total area of 1.368 acres.
The above-described tract of land
is conveyed under and subject to
the following instructions:
No mobile home shall be placed
upon or permitted to remain upon
the within-described lot or upon Lot
No, 2 of the subdivision plan of
Donald G. Jones recorded as afore-
said, on or after June 14. 1987.
It is to be noted that the drive-
way shown on Lots No. 2 and 3 on
said subdivision plan for Donald G.
Jones recorded as aforesaid, is not
the access to Lot No. I and the own-
ers and occupiers of Lots No, I and
2 have no rights in said driveway.
BEING the same premises which
Eva A. Mitchell, widow, by Deed
dated April 28, 1995 and recorded
in the qfflce of the Recorder of
Deeds o~Cumberland County on
Aprll 28, 1995, in Deed Book Vol-
ume 121. Page 501, granted and
conveyed unto Allen S. McGdl and
Theresa A. McGill, Husband and
Wife.
- Parcel No. 46-09-0521-052E.