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HomeMy WebLinkAbout06-2905 IN THE COURT OF COMMON PlEAS OF CUMBERLAND COUNfY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERS BURG, NO.: Ol- - ;;;'9OS Clu'~L~~ Plaintiff, VS. TYPE OF PLEADING SCOTI D. DIXON and BRIGmE T. GREGG, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersbsurg Plaintiff, TO: DEFENDANT(s) vou ARE HEREBY NOTIFIED TO PLEAD TO TIIE ENCLOSED COMPLAINT WJ1lDN 1WEN1Y (20) DAYS FROM S I HEREOF OR A DAULT JUDGMENT COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 I HEREBY CERTIFY mAT THE ADDRESS OF THE PLAlNllFF IS: JAMES, SMITH, DIETIERICK & CONNELLY LLP P.O. Box 6010, Olambersburg, PA 17201 AND lHE DEFENDANT(S): Scott D. Dixon 113 Kline Road, Shippensbnrg, PA 17257 Brigitte T. Gregg 101 So Street, 'ppensburg, PA 17257 P.O. Box 650 Hershey, PA 17033 ATf (717) 533-3280 CERTIFICATE OF LOCATION I HEREBY CERTIFY TIlAT TIlE LOCATION OF TIlE REAL EST TE AFFECfED BY TIllS LIEN IS 111 N Shi nsburg, P A 17257 AlTOR IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COllECTION PRACTICES ACT, 15 U.S.C. ~1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WIlL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WIlL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOllOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WIlL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: vs. scon D. DIXON and BRIGfITE T. GREGG, 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 rights 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: vs. SCOTI D. DIXON and BRIGITTE T. GREGG, Defendants. A VISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: ~ -.:l f(J5'" C/Ot.{-r ~ vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Farmers and Merchants Trust Company of Chambersburg, by its attorneys, James, Smith, Dietterick & Connelly ILP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which has its principal place of business at P.O. Box 6010, Chambersburg, Pennsylvania 17201. 2. The Defendants, Scott D. Dixon and Brigitte T. Gregg, are adult individuals whose last known address is 113 Kline Road, Shippensburg, Pennsylvania 17257 and 101 South Queen Street, Shippensburg, Pennsylvania 17257, respectively. 3. On or about December 10,1996, Defendants executed a Note in favor of Plaintiff in the original principal amount of $50,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about December 10, 1996, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $50,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 18, 1996, in Mortgage Book Volume 1356, Page 986. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. 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. 7. On or about March 20, 2006, Defendants were mailed combined Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. ~101, et seq. True and correct copies of said Notices are marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 5/1106 Late Charges Escrow Advance Attorney's Fees Title Search and Costs $44,526.81 $ 1,437.84 $ 71.64 $ 617.20 $ 1,250.00 $ 2.500.00 TOTAL $50,403.49 plus interest on the principal sum ($44,526.81) from May I, 2006, at the rate of $9.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $50,403.49, with interest thereon at the rate of $9.45 per diem from May I, 2006 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises o BY: Scott A. e t . c squire Attorneys for laintiff PA 1.0. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATIEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION I, Lorie M. Heckman, Assistant Vice President, on behalf of Fanners and Merchants Trust Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. rie M. Heckman, Assistant Vice President Exhibit "A" , Loan Number 849 FIXED/ADJUSTABLE RATE NOTE (1 Year Treasury Index. Rate Cap) TIllS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. TIllS NOTE LlMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXlMUM RATE I MUST PAY. December 10, 1996 [d.tel Chambersburg, [ci1y! Pennsylvania [...tel 111 North Washington street, Shippensburg, PA 17257 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan tbat I bave received, I promise to pay u.s. $ 50,000.00 (this amount is called 'principal'), plus interest, to tbe order of tbe Lender. Tbe Lender is Farmers and Mercbants Trust Companyof Cbambersburg I understand tbat tbe Lender may transfer tbis Note. Tbe Lender or anyone wbo takes tbis Note by transfer and wbo is entitled to receive payments under tbis Note is called tbe 'Note Holder.' 2. INTEREST Interest will be cbarged on unpaid principal until tbe full amount of principal bas been paid. I will pay interest at a yearly rate of 7.750 %. Tbe interest rate I will pay will cbange in accordance witb Section 4 of tbis Note. Tbe interest rate required by tbis Section 2 and Section 4 of tbis Note is tbe rate I will pay botb before and after any default described in Section 7(B) of tbis Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every montb. I will make my monthly payments on tbe first day of eacb montb beginning on February 1 1997 . I will make tbese payments every montb until I bave paid all of tbe principal and interest and any otber cbarges described below tbat I may owe under tbis Note. My montWy payments will be applied to interest before principal. If, on January 1, 2027 ,I still owe amounts under tbis Note, I will pay those amounts in full on tbat date, which is called the 'Maturity Date.' I will make my monthly payments at Farmers and Merchants Trust Company of Chambersburg or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial montbly payments will be in the amount of U.S. $ 358.21 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of tbis Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest on the first day of January 2007 , and the adjustable interest rate I will pay may change on that day every 12tb month thereafter. The date on which my initial fixed interest rate changes to an adjustable rate, a.nd each date on which my adjustable interest rate could change is called a "Change Date." MUL'I1SfATE FIXED/ADJUSTABLE RATE NOJ"E..l YEAR TREASURY INDEX-Single FamUy-Fannie Ma.e/Freddie Mac Unironn Instrument Form 3S2Z 5/94 ~~ ITEM 5746 (940B) Page I of 4 (B) The Index Beginning witb tbe first Cbange Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before the Change Date is called tbe "Current Index. n If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 3/4 percentage points ( 2 . 750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculatiou will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9 . 750 % or less than 5.750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 montbs. My interest rate will never be greater than 12.750 %. (E) Effective Date of Changes My new interest rate will become effective ou each Chauge Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell tbe Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or otber loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has. not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 . 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. Page 2 of 4 (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me tbat if I do not pay tbe overdue amount by a certain date, tbe Note Holder may require me to pay immediately tbe full amount of principal whicb bas not been paid and all tbe interest tbat I owe on tbat amount. Tbat date must be at least 30 days after tbe date on whicb tbe notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, tbe Note Holder will still bave tbe rigbt to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If tbe Note Holder bas required me to pay immediately in full as described above, tbe Note Holder will bave tbe rigbt to be paid back by me for all of its costs and expenses in enforcing this Note to tbe extent not prohibited by applicable law. Tbose expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different metbod, any notice tbat must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at tbe Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice tbat must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TIDS NOTE If more tban one person signs this Note, eacb person is fully and personally obligated to keep all of tbe promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of tbis Note is also obligated to do tbese things. Any person wbo takes over tbese obligations, including tbe obligations of a guarantor, surety or endorser of tbis Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means tbat anyone of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any otber person wbo bas obligations under this Note waive tbe rigbts of presentment and notice of disbonor. "'Presentment'" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means tbe rigbt to require tbe Note Holder to give notice to otber persons tbat amounts due bave not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to tbe Note Holder under tbis Note, a Mortgage, Deed of Trust or Security Deed (the 'Security Instrument'), dated tbe same date as tbis Note, protects tbe Note Holder from possible losses tbat migbt result if I do not keep tbe promises tbat I make in this Note. That Security Instrument describes how and under wbat conditions. I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: (A) UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTERFSf RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of tbe Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is probibited by federal law as of tbe date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without furtber notice or demand on Borrower. Page 3 of 4 (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGFS TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECfION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DFSCRIBED IN SECfION l1(A) ABOVE SHALL CEASE TO BE IN EFFECf, AND UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE DFSCRlBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee: and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleratiou. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages I through 4 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~Q o~=, ~~~t~(f~ (Seal) Borrower (Seal) Borrower (Seal) Borrower [Sign Original Only] page 4 of 4 Exhibit "B" '" ":;I 7)7' "3~~~~ ;(>1- \?-O~6 WEN RECORDED MAIL TO Farmers and Merchants Trust Company 20 South Main Street Chambersburg, Pennsylvania 17201 ""'~<:'2EPT p. ZIEGLER" ~":,:<:~)FDti\ OF DEEDS i;UM3tRLAND COUNTY- f'A 196 DEG 18 AM 9 ~8 Loan Number : 849 [SPACE ABOVE TIllS LINE FOR RECORDING DATA] MORTGAGE THIS MORTGAGE (" Security Instrument") is given on December The mortgagor is Scott D. Dixon and Brigitte T. Gregg 10, 1996 ("Borrower"). This Security Instrument is given to Farmers and Merchants Trust Companyof Chambersburg which is organized and existing under the laws of Pennsylvania , and whose address is 20 South Main Street, Chambersburg, Pennsylvania 17201 FIFTY THOUSAND DOLLARS AND 00/100 Dollars (D.S.S 50,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on January 1, 2027 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Boro of Shippensburg, Cumberland County, Pennsylvania: ("Lender"). Borrower owes Lender the principal sum of ALL THAT CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF which has the address of 111 North Washington street [Street] Pennsylvania 17257 ("Property Address"); [Zip Code] Shippensburg [City] PENNSYLVANIA -Single Family- Fannie MaelFreddie Mac UNIFORM INSTRUMENT t= ITEM 1950 (9211) COflPOf\RTION Form 3039 9190 (page 1 of 6 pages) BooK1356 PAGE 986 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and .that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. , " f ' THIS SECURITY INSTRUMENT combines unlfor~ covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower aud Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due. under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (I) any sums payable hy Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and bold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.~. 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect aod hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in aoy Federal Home Loan Bank. Lender shall apply the Funds to pay the escrow items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest 00 the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one~time charge for an independent real estate tax repCirting service used by Lender in connection with this loan, uuless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted tu be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Iustrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisitioo or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest duej fourth, to principal due; and last, to any late charges due under the note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and' impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends agaiost enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender BooK1355 PAGE 987 Form 3039 9190 (page 2 of 6 pages) requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless i..!=nder and Borrower otherwise agree in writing, insurance proceeds shaJl be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. H the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any ex.cess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect .the insurance proceeds. Lender may use the proceeds to repair or restore. the Property or to pay surnssecured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired ,by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall" pass to Lender to the extent of the sums.. secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by ~using the action or proceeding to be dismissed with a ruling that. in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application proCess, gave materially false or inaccurate jnformation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including) but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acq1;lires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection or Lender's Rights in the Property. If BOIIower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by alien which has priorit)' over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of. Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a" condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium bejng paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award of claim for damages, direct or consequential, in connection with any Single Family -_ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -- Uniform Covenants 9/90 (page 3 of 6 pages) aClOK1355PAGE 988 condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to BorroVler. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the fonowing fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authOIized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the ~ums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principaJ shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Snccessors and Assigns Boune\; Joint and Several Uability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any.accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction win be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided _ for in this Security Instrument shaJl ~ deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severabili1y. This Security Instrument shall be governed by fede.ral law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of tlUs Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, required immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Jess than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at an)' time prior to the earlier of:{a) 5 days (or such other period as applicable Jaw may Single Pamily - Fannie Mae!Freddie Mac UNIFORM INSTRUMENT - Uniform Covenants 9/90 (page 4 of 6 pages) Bood.356PAGE 989 specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry 'Of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender aU sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or mare times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. A""eleration; Remedies. Lender shaD give notice to Borrower prior to a""eleration following Borrower's breach of any covenant or agreement in this Security Instnnnent (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shaD specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the defaalt must be cured; and (d) that faDure to cure the default on or before the date specified in the notice may result in acceleratinn of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further infonn Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the nntice, Lender at its option may require immediate payment in fuD of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judiciaJ proceeding. Lender sba1l be entitled to coDect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, buy not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waiver. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the COmmencement of bidding at a sheriffs sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Bood356PAGE 990 Form 3039 9/90 (page 5 of 6 pages) 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ~ Adjustable Rate Rider 0 Condominium Rider D 1-4 Family Rider 0 Planned Unit Development Rider D Biweekly Payment Rider 0 Rate Improvement Rider D Second Home Rider o Graduated Payment Rider o Balloon Rider o Other(s) [specifY] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 4 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Wi~x~ M- -frY l>>/L. J~ ~ (Seal) Borrow" (Seal) Borrow" (Seal) &rrower (Seal) Ilomowe<- COMMONWEALTH OF PENNSYLVANIA, Franklin County ss: On this, the / O~ day of )) 0 " ~ ..Jp 11 , before me, tA-~h1 f rl?J T2... the undersigned officer, personally appeared Scott D. Dixon and Brigitte T. Gregg known to me (or satisfactorily proven) whose nameS are subscribed to the within instrument and acknowledged executed the same for the purpose therein contained. to be the person S that they My Commission expires: NOTARIAl SEAL 8AIl8ARA J. FIIlZ. Notary PublIc Chambel8b\ll1l BolO, ff1nklln County, PA My CommIlllon ExpII8I Sepll. 1887 CERTIFICATE OF RE "oRNCE I, Karen L. Ellis IN WITNESS WHEREOF, I hereunto set my hand and official seal. () do hereby certify that the correct address of the within named lender is 20 South Main street, Chambersburg, Pennsylvania 17201 Witness my hand this 10th clayof December 1996 ~-"f'~~ Karen L. Ell~s Agent of Lender BOOK 1355 PAGE 991 Form 3039 9190 (page 6 of 6 pages) -,,' EXHIBIT ftAft ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, pennsyl vania, more fully bounded and limited as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; .thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same real estate which Bruce A. Diehl and Pauline ~. Diehl, a/k/a Pauline E. Diehl, his wife, by deed dated 1J./ 10 ,1996, and recorded in Cumberland County, PA, Deed Book Volume ,Page , granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, Mortgagors herein. -,,'. Bood356 FAGE 992 (4) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 3/4 percentage points ( 2.750 %) to tbe Current Index. Tbe Note Holder will tben round the result of this addition to tbe nearest (You must check one box andfiU in any appropriate rounding value) ~ one-eightb of one percentage point (0.125%). o of one percentage point ( %). Snbject to the limits stated in Section A(5) on page two, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine tbe amount of the scheduled payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal paymeots. Tbe result of this calculation will be the new amount of my scheduled payment. (5) Limits on Interest Rate Changes The interest rate I am required to pay at tbe first Change Date will not be greater than 9 . 750 % .or less than 5.750 %. Thereafter, my interest rate will never increase.or decrease.on any single Change Date by more than TWO percentage point ( 2 . do 0 %) from the rate of interest I have been paying for the preceding period. (You must check one box and Jill in the appropriate /imit(s)) D My interest rate will never be greater than ~ My interest rate will never be greater than (6) Effective Date of Changes My new interest rate will become effective on eacb Change Date. I will pay the amount of my new scheduled payment beginning on the first scheduled payment date after the Change Date until the amount of my scheduled payment changes again. (7) Notice of Changes The Note Holder will deliver .or mail t.o me a notice .of any changes in my interest rate. and the amount .of my scheduled payment before the effective date of any cbange. The notice will include information reqnired by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. LOAN CHARGES It could be that tbe loan secured by the Security Instrument is subject to a law whicb sets maximum loan charges and that the law is interpreted so that the interest or other loan charges collected or to be collected in connection with the loan would exceed permitted limits. If this is tbe case, tben: (A) any such loan charge sball be reduced by the amount necessary to reduce the cbarge to the permitted limit; and (B) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. 12.750 %. % or less tban 2.750 %. C. PRIOR LIENS If Lender determines that all or any part of the snms secured by this Security Instrument are subject to a lien which has priority over this Security Instrument, Lender may send Borrower a notice identifying that lien. Borrower shall promptly act with regard to that lien as provided in paragraph 4 of the Security Instrument or shall promptly secure an agreement in a form satisfactory to Lender subordinating that lien to this Security Instrument. D. tRANSFER OF THE PROPERTY If there is a transfer of the Property subject to paragrapb 17 of the Security Instrument, Lender may require (I) an increase in the current Note interest rate, or (2) an increase in (or removal ot) the limit on the amount of any ODe interest rate change (if there is a limit), or (3) a change in the Base Index figure, or aU of these, as a condition of Lender's waiving the option to accelerate provided in paragraph 17. ADJUSTABLE RATE LOAN RIDER ~ CO~"DI"'"fla.. Item 7347 (9111) Page2of3 Bond355PAGE 594 ADJUSTABLE RATE LOAN RIDER Loan Number : 849 NOnCE: THE SECURITY INS"lRUMENT SECURES A NOTE WHICH CONTAINS A PROVISION AlLOWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST RATE WILL RESULT IN IDGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. Words, numbers or phrases preceded by a 0 are applicable only if the 0 is marked, e.g. IZI This Rider is made this 10th day of December 1996 , and is incorporated into and shall be deemed to amend and supplement tbe Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the 'Borrower") to secure Borrower's Note to Farmers and Merchants Trust Companyof Chambersburg (the "Lender") of the same date (the "Note") and covering the property described in the Security Instrument and located at 111 North Washington street, Shippensburg, PA 17257 (ProponyMdroH) Modif"1C8tions. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A:' INTEREST RATE AND SCHEDULED PAYMENT CHANGES (1) Initial Interest Rate The Note provides for an "Initial Interest Rate" of 7 . 750 interest rate and the scheduled payments. %. The Note provides for changes in the (2) Clumge Dates Each date on which my interest rate could change is called a "Change Date." (You must check one box and fill in the appropriate information) !8BI The Note interest rate may change on the first day of the month beginning on January 1, 2007 and on the first day of the month every 12 months thereafter. o The Note interest rate may change on the day of the month beginning on and on that day of the month every months tbereafter. o The Note interest rate may change and on every thereafter. (3) The Index . Changes in the interest rate are governed by changes in an interest rate index c~ll,~d tb.:'.,'"~:~extl. Weekly average yield on u.s. Treasury Securitiesadj~sted constant maturity of one year The Index is: to a "".. The most recent Index figure available as of the date ~ 45 days 0 is called the "Current Index". days before each Change Date If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. ADJUSTABLE RATE LOAN RIDER .Eastern ~ Item 7347 (9111) Page 1 of 3 Bood356 PAGE 993 By signing this, Borrower agrees to all of the above. ~Qor- Br~~ ',"1 p~nsvlvania J Sf. nt 'Jumberland : in the offIce tor the recording of Deeiis ""-,';~;~[ f?{;~~r'anj c~~;:v~ ~, my hand 8?tseal of office fffk- /)/. PA this day of 19.1J,f... ~~~ #.~,;pt:>~. Page 3 of3 . ADJUSTABLE RATE LOAN RIDER .Eastern ~ Item 7347 (9111) Bood3561'ACE 995 r-~ ~ (") .::-:-::1 c:.::J ~ '"bQ. ~~ 'l.--'''' :1..." 8 -:- ~ 7' V1 ::..~ 1\1;;;-0::; I:\:- ~ >.D V\ -n ,-"", C> -~- , " - ~ f':.? '.::::4 ~ -U - ~ I",,'l ~i} W .- F \$J \> --t:: - VJ $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DMSION No.: 06-2905 Civil Term Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: vs. SCOTT D. DIXON and BRIGITTE T. GREGG, PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. FILED ON BEHALF OF: I Hereby certify that the last known address ofDefendant(s) is/are: Scott D. Dixon: 3488 Mceu ough Road, Shlppenshurg, P A 17257 Fanners and Merchants Trust Company of Chambersburg, Plaintiff COUNSEL OF RECORD FOR TIDS PARTY: Scott A. Oietterick, Esquire Pa. I.O. #55650 , PA 17257 Attorney for Plaintiff JAMES, SMITH, OIETIERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CNIL DNISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. PRAECIPE FOR DEFAULT ruDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Scott D. Dixon and Brigitte T. Gregg, in the amount of$51,242.56 which is' itemized as follows: Principal Interest through 7/25/06 Late Charges Escrow Advance Attorney's Fees Court, Sheriff and Title Costs $44,526.81 $ 2,241.09 $ 107.46 $ 617.20 $ 1,250.00 $ 2.500.00 TOTAL $51,242.56 plus interest on the principal sum ($44,526.81) from July 25,2006, at the rate of $9.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the ortgaged premises. By: Scott A. e en , Attorney for Plaintiff PAlD. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ONNELL Y LLP AFFIDAVIT OF NON-MllJTARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evi enced by the attached copies. Sworn to and subscribed before me thi~ayof M . ,2006. ~e-. Notary Public My Commission Expires: C~VAH~ J .. . ..=.:.~ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE OF ORDER. DECREE OR ruDGMENT TO: Scott D. Dixon ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on.. )/ J~ ~?, ;).OO&:. ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $51,242.56 plus interest on the principal sum ($44,526.81) from July 25,2006, at the rate of $9.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, crvn.. DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Brigitte T. Gregg ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on),.) y :27 r :2..Dof.p ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $51,242.56 plus interest on the principal sum ($44,526.81) from July 25,2006, at the rate of$9.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ~~~ SHERIFF'S RETURN - REGULAR " CASE NO: 2006-02905 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST VS DIXON SCOTT D ET AL CPL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GREGG BRIGITTE T the DEFENDANT , at 1710:00 HOURS, on the 25th day of May , 2006 at AMERICAN LEGION DYKEMAN ROAD SHIPPENSBURG, PA 17257 by handing to BRIGITTE T GREGG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 17.60 .00 10.00 .00 33.60 ~~-~~ R. Thomas Kline 05/3'1/2006 JAMES SMITH Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02905P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST VS DIXON SCOTT D ET AL CPL. RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DIXON SCOTT D the DEFENDANT , at 1700:00 HOURS, on the 25th day of May , 2006 at 348 B MCCULLOUGH ROAD SHIPPENSBURG, PA 17257 by handing to SCOTT DIXON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 17.60 .00 10.00 .00 45.60 So Answe~ <~ 4 ~ R. Thomas Kline 05/31/2006 JAMES SMITH Sworn and Subscibed to By: before me this day of A.D. ,~ /' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMPANY OF CHAMBERSBURG, CML DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTI D. DIXON and BRIGITTE T. GREGG, Defendants. IMPORTANT NOTICE TO: Brigitte T. Gregg 420 West King Street Shippensburg, P A 17257 DATE OF NOTICE: July 14, 2006 YOU ARE IN DEFAULT BECAUSE YOU HA VB FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TIJRST COMP ANY OF CHAMBERSBURG, CML DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. A VISO IMPORTANTE A. Brigitte T. Gregg FECHA DEL A VISO: July 14, 2006 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. 81 USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, V A Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 DATE: I }/'t)th I. ( BY: CONNELLY LLP JAMES SM! FIRST CLASS U.S. MAIL, POSTAGE PREPAID Scott A. etterick, Esquire P A I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Tenn vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. IMPORTANT NOTICE TO: Scott D. Dixon 348B McCullough Road Shippensburg, PA 17257 DATE OF NOTICE: July 14, 2006 YOU ARE IN DEF AUL T 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 (10) 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 IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR 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. NOTICE TO DEFEND ~ LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITIE T. GREGG, Defendants. A VISO IMPORTANTE A. Scott D. Dixon FECHA DEL A VISO: July 14, 2006 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION. REQUERIDA EN ESTE CASO. A MENOS QUE USTEDTOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICT AR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INmCADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES S DATE: ;/l1/ck c BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID Soo A. ietterick, Esquire P A I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 'CN~~ ~ ;\:- \\. 0 _ 0 r ~ ~ ~ ~ ~ ~ ~- ~ s ~$ Vf', r---. C> c C) <1 c_ =-.~ . . .' 1',') r.J " :.....) ::':1 .0<: .... Farmers and Merchants Trust Company of Chambersburg IN '!HE <XXJRl' OF (.'(}K)N PlEAS OF ClI'mERLAND CXlJNTY, CIVIL DIVISION File No.06-2905 PENNSYLVANIA (Plaintiff) Arrount Due Interest from 7/25/06 date of sa.Le Atty's Corrm Costs $ to $ 51,242.56 v Scott D. Dixon and Brigitte T. Gregg (Defendant(s) TO THE PRCmiONCYrARY 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 arrendedj and for real property pursuant to Act 6 of 1974 as amended. PRArX:IPE FOR EX&m'ION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See Exhibit "A" attached. PRAECIPE FOR A~ EXEOlI'IOO 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). DATE: 1/J/ltYv Signature: Print Name: Address: James Smith Dietterick & Connelly LLP F 0 Box 650, Hershey FA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 lis pendens against (Indicate) Index this writ against the garnishee(s real estate of the defendant(s) described in the attached Suprerre Court ID NJ. : 55650 ~ r ~ ~ S e. -t- . ~ ~" ~~ __ N ~ t> ~.(Q.. . ";:""'> '" () t> 0 f-~ ;q. :0 1->..0 lI\ W \l.l ~ ~ ~..~~~Y\~ -0 lI't 0 fft r- ~ " C> C CC~OC~ C> \ \ . , ' ~-t.J . ::: .. :: .. !I- ?-- ... ... ':. ::. ':. 'O::J ~ -- yIC J j- 1t - ... LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, alkJa Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18, 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2905 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff (s) From SCOTT D. DIXON AND BRIGITTE T. GREGG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $51,242.56 Interest FROM 7/25/06 TO DATE OF SALE L.L. $.50 Atty's Comm % Atty Paid $199.80 Plaintiff Paid Date: AUGUST 3, 2006 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG pmilio~ 7g; ~ fU) ~.t? ~lj/I~ Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP PO BOX 650 HERSHEY, P A 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ill No. 55650 -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Farmers and Merchants Trust Company of Chambersburg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at IIINorth Washington Street, Shippensburg, Cumberland County, Pennsylvania 17257: 1. Name and Address ofOwner(s) or Reputed Owner(s): SCOTT D. DIXON 348 McCullough Road Shippensburg, P A 17257 BRIGITTE T. GREGG 420 West King Street Shippensburg, P A 17257 2. Name and Address of Defendant(s) in the Judgment: SCOTT D. DIXON 348 McCullough Road Shippensburg, PA 17257 BRIGITTE T. GREGG 420 West King Street Shippensburg, P A 17257 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG Plaintiff .' -.... 4. Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG Plaintiff MERS, AS NOMINEE FOR GMAC MORTGAGE CORP. 200 Century Parkway Mount Laurel, NJ 08054 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 I verify that the statements made in this 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. ~4904 relating to unsworn falsification to authorities. JAMES, SM! CONNELLY LLP DATED:7/31/w BY: Scott A. Diette . k, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 l ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERS BURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Scott D. Dixon 348B McCullough Road Shippensburg, P A 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 6, 2006, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION A TT ACHED AS EXHIBIT nAn). The LOCATION of your property to be sold is: 111 North Washington Street Shippensburg, P A 17257 Cumberland County ..! t The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06.2905 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Scott D. Dixon and Brigitte T. Gregg A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE 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, to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 \ THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: 1J?JJltJlJ BY: VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF ". LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, alk/a Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18, 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit "A" ,.. ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CML PROCEDURE 3129 Brigitte T. Gregg 420 West King Street Shippensburg, P A 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 6, 2006, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHmIT "A"). The LOCATION of your property to be sold is: 111 North Washington Street Shippensburg, P A 17257 Cumberland County 11'" The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-2905 Civil Tenn THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Scott D. Dixon and Brigitte T. Gregg A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days ofthe date it is filed. Infonnation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE 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, to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (71 7) 240-6200 ,. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, I DATED: 0/5// &, BY: VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF ... j LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North 'Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, aIkIa Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18, 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit" A " SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-02905 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST VS DIXON SCOTT D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TENANT/OCCUPANT 111 NORTH WASHINGTON STREET SHI PPENSBURG , PA 17257 111 N WASHINGTON STREET IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 17.60 5.00 10.00 .00 38.60/ ~ 1./7-0& SO~ R. Thomas Kline Sheriff of Cumberland County JAMES SMITH DIETTERICK CONNELL 05/31/2006 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02905 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST VS DIXON SCOTT D ET AL CPL RICHARD SMITH / Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania/ who being duly sworn according to law/ says/ the within COMPLAINT - MORT FORE was served upon GREGG BRIGITTE T the DEFENDANT / at 1710:00 HOURS/ on the 25th day of May / 2006 at AMERICAN LEGION DYKEMAN ROAD SHIPPENSBURG/ PA 17257 by handing to BRIGITTE T GREGG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 17.60 .00 10.00 .00 33.60.,/ c+- '1/11/D{' ~fJ.?~-A'-< ~-' R. Thomas Kline 05/31/2006 JAMES SMITH Sworn and Subscibed to By: before me this day of A.D. .. - SHERIFF'S RETURN - REGULAR CASE NO: 2006-02905 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST VS DIXON SCOTT D ET AL CPL. RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DIXON SCOTT D the DEFENDANT , at 1700:00 HOURS, on the 25th day of May , 2006 at 348 B MCCULLOUGH ROAD SHIPPENSBURG, PA 17257 by handing to SCOTT DIXON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 17.60 .00 10.00 .00 45.60:/ ~ 1.I1-ot, S07::!;/:.~ ~ R. Thomas Kline 05/31/2006 JAMES SMITH Sworn and Subscibed to By: before me this day of A.D. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. ISSUE NO.: SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. J.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Farmers and Merchants Trust Company of Chambersburg, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Scott D. Dixon and Brigitte T. Gregg are the record owners of the real property. 2. On or about August 4, 2006, Defendant, Scott D. Dixon was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, by Certified Mail, Return Receipt Requested, at his last known address being 348B McCullough Road, Shippensburg, Pennsylvania 17257. A true and correct copy of said Notice and Certified Mail Receipts are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about August 20, 2006, Defendant, Brigitte T. Gregg was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, by Certified Mail, Return Receipt Requested, at her last known address being, 420 West King Street, Shippensburg, Pennsylvania 17257. A true and correct copy of said Notice and Certified Mail Receipts are marked Exhibit "B", attached hereto and made a part hereof. 3. On or about September 12,2006, Plaintiffs counsel served all other parties in interest with Plaintiffs Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "C", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. Dated: Idlllt# BY: Scott PJ. D" Pa. J.D. #55 ,/ Attorneys"f6r Plaintiff ,/ P.O. 650 Hey, PA 17033 17) 533-3280 Sworn to and subscribed before me thO /Ij~dayof tJdIe\ ~.2(/it:Ufl r;- Notary Public , 2006. MY COMMISSION EXPIRES: EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERS BURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Scott D. Dixon 348B McCullough Road Shippensburg, P A 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 6, 2006, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 111 North Washington Street Shippensburg, P A 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-2905 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Scott D. Dixon and Brigitte T. Gregg A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE 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, to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition.. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: 1/)do& BY: VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, a/kIa Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18, 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit "A" . COmplete Items 1, 2,and 3. Also complete Item 4 if Restricted Delivery Is desired, . Prim your name and address on the reverse sothlitwe can return the card to you. . Attach this card to the back of the mailpl~e, or on the frq!1t If space pennlts. 1. ArtIcle Add\llssed to: (1A ,11 .~ +' ~~~~I?rr i7~ 3.!IVfC8 "TYpe " Certified Mail 0 EXpress Mall Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Dellvery1 (&tra Fee) 0 y~ '2. ArtlCle.N~mbe(u, 7005 1820 0004 8696 3377 (Transfer from 51 I ips Fco'rin 3&1:1 ,Jtebruary 20l')4 ."! i i i i j Dome~t1d Return Receipt r 1 i !; 102595-02-M-1540i I"'- I"'- m m ...a IT' ...a CO ~~ Fee CJ etum Receipt Fee nt Requiled) CJ n.J Delivery Fee CO OI88Il18nt Required) r-"I LJ1 CJ CJ I"'- EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERSBURG, CNIL DNISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129 Brigitte T. Gregg 420 West King Street Shippensburg, P A 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 6,2006, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: III North Washington Street Shippensburg, P A 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-2905 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Scott D. Dixon and Brigitte T. Gregg A SCHEDULE OF DISTRIBUTION, being a list ofthe persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days ofthe date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE 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, to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 DATED: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. 0/1/)/ ~ BY: VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF . Complete Items 1, 2, and 3. Also complete Item 4 if Restricted DeUvery is desired, . Print your'name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallplece, or on the front if space peimlts. Dyes DNo ~- g':.=.",- DlnsuredM81L D C.O.D. 4., RestrIctedDelIvllt'Y1:Fee) DYes 2. ~=:Pm't 70Ds'18'2[]'-cioD4869'b' 3254 )'il;,i)~tl Ji!SiFdmfS&f1, '~rUali~004i! 11i I dotnJsticRetumRecelpti"I,','?/ ,~1"",,;;,,1~.M'-1li4O I _____. c.,-.. '^_-'. ..'_.~~.__. ." "'...~" 3" LI1 ru n1 .J] IT' .J] J:(] ~ ~~_: ( IlI8IIl8IIl RequlnJd) Cl ~ (Endorsement~~ M LI1 Cl Cl !'- U.S. Postal Servicew CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage ProVided) EXHIBIT "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, P A 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 South Hanover Street Carlisle, Pennsylvania 17013 on December 6, 2006 at 10:00 a.m., the following described real estate which Scott D. Dixon and Brigitte T. Gregg are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 111 North Washington Street Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERS BURG, Plaintiff, vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. at EX. NO. 06-2905 Civil Term in the amount of$51,242.56, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore 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 the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. JAMES SMITH, DIETTERICK & CO L Dated: q - Id. - Dv By: Sco PA #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, alk/a Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18, 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Mers. as Nominee for GMAC Mortgage Corp. 200 Century Parkway Mount Laurel, NJ 08054 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 South Hanover Street Carlisle, Pennsylvania 17013 on December 6, 2006 at 10:00 a.m., the following described real estate which Scott D. Dixon and Brigitte T. Gregg are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 111 North Washington Street Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT ItAIt). The said Writ of Execution has been issued on ajudgment in the action of FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. at EX. NO. 06-2905 Civil Term in the amount of$51,242.56, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore 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 the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office ofthe Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: q -I~ -0\..0 By: Scott A. 'iette ck, Esquire P A ill #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, a/k/a Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18, 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit" A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 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 South Hanover Street Carlisle, Pennsylvania 17013 on December 6, 2006 at 10:00 a.m., the following described real estate which Scott D. Dixon and Brigitte T. Gregg are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: III North Washington Street Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). " The said Writ of Execution has been issued on a judgment in the action of FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERS BURG, Plaintiff, vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. at EX, NO. 06-2905 Civil Term in the amount of$51,242.56, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office ofthe Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible, Dated: q -I ~-(")lD By: Scott A. Dietterick, P A ill #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 " LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, aIkIa Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18, 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit" A" '. u.s. P STAL SERVICE MAY BE USED FD CERTIFICATE OF MAILING .... ...... nn~RNOT R8C8lved FfOn Shelly Elliott P.O. Box 650 Hershey, P A 17033 CERTIFICATE OF MAILING ~~\\';;lj;:r~ ':,~n::,r'=rei~ \ ~rnaster for cUrretrt\ \ ~. ,.)j ., '\ . i \;,;, ,.0; """...i N\"'~,/ -:1--'~ ......' j>~\ .)~-,\~, \;"';~-.i\\l '. f "'~) ; s:,\~}~~ "'-l 'c_", c:::~ o PS Fa"" 3817, January 2001 'lJ)(\ \ btJQ1J MAY BE USED FOP PROVIDE FOR INS Received From: C~ . ~j'!; c " .- ~"-' () -n ::::! , , ['1 -.-' OJ (.1", (.q :-'0' C" .< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Scott D Dixon & Brigitte T is the grantee the same having been sold to said grantee on the 6th day ofDec A.D., 2006, under and by virtue of a writ Execution issued on the 3rd day of Aug, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 2905, at the suit of Farmers & Mercherants Tr Co of Chambers burg against Scott D Dixon & Brigitte T Gregg is duly recorded in Deed Book No. 278, Page 2293. ~ ~ ~, o ~ IN TESTIMONY WHEREOF, I have hereunto set my hand ~ and eal of said office this /9 day of , A.D. r2 dO / * Farmers and Merchants Trust Company of Chambers burg --. VS Scott D. Dixon and Brigitte T. Gregg In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2905 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 11, 2006 at 1950 hours, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Scott D. Dixon, by making known unto Scott Dixon personally, at 348B McCullough Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Brigitte T. Gregg, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. Franklin County Return: And Now, this 17th day of October 2006 at 13: 11 hours, served the within Notice of Sale upon Brigitte T. Gregg, by handing to her personally at 420 West King Street, Shippensburg, P A 17257 and at the same time directing her attention to the contents thereof. So answers: Gary L. Wyrick, Deputy Sheriff of Franklin County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 1340 hours, he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott D. Dixon and Brigitte T. Gregg located at 111 North Washington Street, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency ofthe action to the within named defendant, to wit: Scott D. Dixon, by regular mail to his last known address of 348B McCullough Road, Shippensburg, P A 17257. This letter was mailed under the date of October 10,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to the within named defendant, to wit: Brigitte T. Gregg, by regular mail to her last known address of 420 West King Street, Shippensburg, PA 17257. This letter was mailed under the date of November 02, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06, 2006 at 10:00 o'clock AM. He sold the same for the sum of $56,000.00 to Terry and Kay Dunlap. It being the highest bid and best price received for the same, Terry and Kay Dunlap of 6423 Ebenezer Road, Orrstown, P A 17244, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$59,022.70. Sheriffs Costs: Docketing Poundage Posting Bills Advertising $30.00 1,120.00 15.00 15.00 Acknowledging Deed Auctioneer' - . Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Franklin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 10.00 .50 1.00 35.20 16.52 15.00 30.00 9.00 69.98 245.00 240.26 15.94 25.00 39.50 $1,962.90 So Answers: ~~ l~('(~ R. Thomas Kline, Sheriff BY \J ceLu S~ Real Estate s~eant o.(?e~ ~\I.-- cP $~\.50 '5 ")0'\\;' . rt€> c\L--~~ ,e6o r' f . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERS BURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Farmers and Merchants Trust Company of Chambers burg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at I11North Washington Street, Shippensburg, Cumberland County, Pennsylvania 17257: 1. Name and Address ofOwner(s) or Reputed Owner(s): SCOTT D. DIXON 348 McCullough Road Shippensburg, PAl 7257 BRIGITTE T. GREGG 420 West King Street Shippensburg, P A 17257 2. Name and Address of Defendant(s) in the Judgment: SCOTT D. DIXON 348 McCullough Road Shippensburg, P A 17257 BRIGITTE T. GREGG 420 West King Street Shippensburg, P A 17257 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG Plaintiff ,. ~ . 4. Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERS BURG Plaintiff MERS, AS NOMINEE FOR GMAC MORTGAGE CORP. 200 Century Parkway Mount Laurel, NJ 08054 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 I verify that the statements made in this 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. 94904 relating to unsworn falsification to authorities. JAMES, SM!. CONNELLY LLP DATED: '7/3Jlo" BY: Scott A. Diette . k, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 .~. . ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERS BURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 Scott D. Dixon 348B McCullough Road Shippensburg, P A 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 6, 2006, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 111 North Washington Street Shippensburg, PAl 7257 Cumberland County -. The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-2905 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Scott D. Dixon and Brigitte T. Gregg A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE 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, to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 , " THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: 1/,dll& BY: VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF .Y 4 ' LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, alk/a Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18,1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit "A" t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TURST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 06-2905 Civil Term vs. SCOTT D. DIXON and BRIGITTE T. GREGG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 Brigitte T. Gregg 420 West King Street Shippensburg, P A 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 6,2006, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: III North Washington Street Shippensburg, P A 17257 Cumberland County .. 1> The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-2905 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Scott D. Dixon and Brigitte T. Gregg A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS P A-PER IS A NOTICE OF THE TIME AND PLACE 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, to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FRE:f; LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 .. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: 0/5// ti:J BY: JAMES, SMITH, I VIA CERTFIEiD MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF . ). LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and limited, as follows: BEGINNING at a post on North Washington Street; thence Eastwardly by lot now or formerly of James Robinson, 166 feet to an alley; thence by said alley, in a Southwardly direction, 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street, Northwardly 32 feet to the place of BEGINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl, aIkIa Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18, 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794, granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg, as Joint Tenants. Tax Map No.: 32-33-1867-027 Exhibit "A" WRIT OF EXECUTION"and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2905 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff (s) From SCOTT D. DIXON AND BRIGITTE T. GREGG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $51,242.56 L.L. $.50 Interest FROM 7/2~/06 TO DATE OF SALE Cf~S fer (.'CA" Arty's Comm % Atty Paid $199.80 Plaintiff Paid Date: AUGUST 3, 2$06 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonot" Sn ~.tM """ P. / LC€~f ~r- Deputy REQUESTING PARTY: Name SCOTT A. DIIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP POBOX650 HERSHEY, P A 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 Real Estate Sale # 54 On September 8, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, P A Known and numbered as 111 North Washington St., Shippensburg, more fully described on Exhibit "A" Date: September 8, 2006 BYrJo~~ Real Estate Sergeant ~ ~ ~ filed with this writ and by this reference incorporated herein. OS :[ d I I 90V qaOZ ; 1 'L'" . " ;i, U Iii I'; 'j ._..: 1 \ i l f . .... -" ,. ". I O~; r::) :,' _11 J 0 j J ! .~ ~: 0 SCHEDULE OF DISTRIBUTION SALE NO. 54 Date Filed: January 05, 2007 Writ No. 2006-2905 Civil Term Farmers and Merchants Trust Company of Chambersburg VS Scott D. Dixon and Brigitte T. Gregg 111 North Washington Street Shippensburg, PA 17257 Sale Date: Buyer: Bid Price: December 06, 2006 Terry and Kay Dunlap $56,000.00 Real Debt: Interest: Attorney Costs: $51,242.56 973.35 199.80 Total: $52,415.71 DISTRIBUTION: Receipts: Cash on account (09/08/2006): Cash on account (12/06/2006): Cash on account (12/13/2006) Cash on account (12/13/2006) $ 1,500.00 5,600.00 47,422.70 6,000.00 Total Receipts: $60,522.70 - Disbursements: Sheriffs Costs Legal Search Local Transfer Tax State Transfer Tax Cumberland County Tax Claim Bureau Lisa Helm, Tax Collector Shippensburg Borough Attorney Scott Dietterick Farmers and Merchants Trust Company Of Chambersburg GMAC Mortgage Corporation Total Disbursements: Balance for distribution: So Answers: r~.,ttt?'~ R. Thomas Kline Sheriff $1,962.90 200.00 851.35 851.35 1,463.02 388.98 663.64 1,500.00 52,415.71 225.75 ($60,522.70) 0.00 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECf TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SA TISFACfORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 54 Held: Wednesday, December 6, 2006 Date: December 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. 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 , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Bruce A Diehl, and Pauline A. Diehl, also known as Pauline E. Diehl, his wife, by deed dated December 10, 1996 and recorded December 18, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 150, Page 794, granted and conveyed to Scott D. Dixon and Brigitte T. Gregg. 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 Washington Street and an unnamed public alley. 6. Mortgage in the amou~t of $50,000.00 given by Scott A. Dixon and Brigitte T. Gregg to Farmers and Merchants Trust Company of Chambers burg dated December 10, 1996 and recorded December 18, 1996 in Mortgage Book 1356 Page 986. Complaint in mortgage foreclosure filed Farmers and Merchants Trust Company of Chambersburg as Plaintiff against Scott D. Dixon and Brigitte T. Gregg as Defendants, in the Office of the Prothonotary of Cumberland County, on May 19, 2006 to File No. 2006-2905. Judgment in the amount of $51,242.56 entered July 27, 2006. 7. Mortgage in the amount of $15,000 given by Scott D. Dixon to GMAC Mortgage Corporation dated April 18, 2002 and recorded April 25,2002 in Mortgage Book 1756, Page 2741. 8. 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. 9. Real estate taxes accruing on and after January 1,2007 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. A~ 1 (l' 'V ~-Li Robert G. Frey, Agent Note: This Title Report shall not be va I r binding until countersigned by an authorized signatory. ... RBAL ~;s.ip,NO;~1S4 :fi';(~i.lk.:,l:.';',~:~....~' ,,:. -~:"-'~i'-....E' ...~.... '....:. Writ No. 2006-2905 CMI Fanners and Merchants Trust Company or Chambersburg . VB. Scott D. Dixon and . Brigette T. Gregg Atty.: Scott Dletterick Exhibit. A. LEGAL DESCRlP110N ALL the following described real estate. lying and belng situate In the Borough or Shlppensburg. Cumber- land County. Pennsylvania. more fully bounded and limited. as fol- lows: BE<;lINNING at a post on North Washington Street; thence East- wardly by lot now or formerly or James Robinson. i66 feet to an al- ley: thence by said alley. In a South- wardly direction. 32 feet to the lot now or formerly of Jonathan' W1ngenl; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street. North- wardly 32 feet to the place of BE- GINNING, BEING the same premises which Bruce a Diehl and Pauline A. Diehl. alkla Pauline E. Diehl his Wife. by Deed dated December 10, 1996 and recorded on December lB. 1996 In and for Cumberland County. In Deed Book Volume 150. Page 794. granted and conveyed unto Scott D. Dixon and, Brigitte T. Gregg. as Joint Tenants. Tax Map No.: 32.33-1867-027. 8 I : II 'vi I G J30 QOOl ." f" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The 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 in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #54 d before me this 15th day of November 2006 A.D. << , CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMmERLAND Lisa Marie Coyne, 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 the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 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. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOT IAL SEAL LOIS E. SNYDER. Notary Public CarHsle Boro. Cumberland County My CommiSSion Expires March 5. 2009 RML ESTATE SALE NO. 54 Writ No. 2006-2905 Civil Fanners and Merchants Trust Company of Chambersburg vs. Scott D. Dixon and Brigette T. Gregg Atty.: Scott Dietterick Exhibit "A" LEGAL DESCRIPTION ALL the following described real estate. lying and being situate in the Borough of Shippensburg, Cumber- land County. Pennsylvania. more fully bounded and limited. as fol- lows: BEGINNING at a post on North Washington Street; thence East- wardly by lot now or formerly of James Robinson. 166 feet to an al- ley; thence by said alley, in a South- wardly direction. 32 feet to the lot now or formerly of Jonathan Wingerd; thence Westwardly by said lot, 166 feet to the street aforesaid; thence along said street. North- wardly 32 feet to the place of BE- GINNING. BEING the same premises which Bruce a Diehl and Pauline A. Diehl. a/k/a Pauline E. Diehl his wife, by Deed dated December 10, 1996 and recorded on December 18. 1996 in and for Cumberland County, in Deed Book Volume 150, Page 794. granted and conveyed unto Scott D. Dixon and Brigitte T. Gregg. as Joint Tenants. Tax Map No.: 32-33-1867-027. ~L