HomeMy WebLinkAbout07-0099
THE FIRST NATIONAL BANK OF
MARYSVILLE
Plaintiff
BETH E. HALL
ANGELIQUE DAVIS
Defendants
. COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLVANIA
NO. : ,97 -
MORTGAGE FORECLOSURE
N O T I C E
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the Court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Legal Services, Inc.
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
•
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes
paginas, debe tomar accion dentro de los proximos veinte (20) DIAS
DESPUES DE LA NOTIFACION DE ESTA Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita
y radicando en la Corte por escrito sus defenses de, y objecciones
a, las demandas presentadas aqui en contra suya. Se le 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 o cualquier otra
reclamacion o remedio solicitado por el demandante puede ser
dictado en contra suya por la Corte sin mas aviso adicional.
Usted puede perder dinero o propiedad u otros derechos importantes
para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO DONSEGUIR
UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACTION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Legal Services, Inc.
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
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
Section 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 may 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 after 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 right 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.
This letter is an attempt to collect a debt, and any information
obtained will be used for that purpose.
r '
THE FIRST NATIONAL BANK OF
MARYSVILLE
Plaintiff
VS.
BETH E. HALL
ANGELIQUE DAVIS
Defendants
. COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PA
NO.. owl - qq C, IivLL
MORTGAGE FORECLOSURE
COMPLAINT
1. Plaintiff is The First National Bank of Marysville, a
Pennsylvania corporation with an address at 1 Centre Square,
Marysville, Pennsylvania 17053.
2. Beth E. Hall, a Defendant and Mortgagor, is an adult
individual with an address of 452 Schuler Road, Shermans Dale,
Perry County, Pennsylvania 17090.
3. Angelique Davis, a Defendant and Mortgagor, is an adult
individual with an address of 1405 Knorr Street, Philadelphia,
Pennsylvania 19111.
4. On or about April 12, 2005, Mortgagors executed and delivered
a Note in the sum of $333,750.00, payable to The First
National Bank of Marysville, a copy of which is attached
hereto, marked Exhibit "A" and made a part hereof.
5. Contemporaneously with and at the time of the execution of the
aforesaid Note, in order to secure payment of the same,
Defendants executed and delivered to The First National Bank
of Marysville, a certain real estate Mortgage which is
recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania in Mortgage Book 1903, Page 4752,
conveying the subject premises to Plaintiff, which mortgage is
incorporated herein by reference.
6. The land subject to the Mortgage is situate in Newville,
County of Cumberland, Pennsylvania and is more particularly
described in Exhibit "B" attached hereto and made a part
hereof, and is known and numbered as 200 Roxbury Road,
Newville, Pennsylvania.
7. Mortgagors are the real owners of the land subject to the
Mortgage.
8. The mortgage is in default because defendants owe $2054.96 for
the September 2006 payment, and each month thereafter.
(a) Payoff balance as of 01/04/2007 $236,334.25
(b) Attorney's Commission 5% $ 11,816.71
Total Amount Due $248,150.96
together with interest at the per diem rate of $38.05548 per
day after January 4, 2007 and other charges and costs to date
of Sheriff's Sale.
The attorney's fees set forth above are in conformity with the
Mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriff's Sale. If
the Mortgage is reinstated prior to the sale, reasonable
attorney's fees will be charged that are actually incurred by
Plaintiff.
9. Mortgagors are not members of the Armed Forces of the United
States of America, nor engaged in any way which would bring
them within the Soldiers and Sailors Relief Act of 1940, as
amended.
WHEREFORE, Plaintiff demands judgment against the Defendants,
Beth E. Hall and Angelique Davis in the amount of
$248,150.96,together with interest at the per diem rate of
$38.05548 after January 4, 2007, other charges and costs
incidental thereto to the date of Sheriff's Sale and judgment
against the Defendant and for foreclosure and sale of the
property within described.
Date:
Lj
a-VVL - :G&-
Arthur M. Feld
Attorney I.D. No. 07172
1309 Bridge Street
New Cumberland, PA 17070
(717) 770-0292
Attorney for Plaintiff
BALLOON NOTE
FIXED RATE CONVERTING TO VARIABLE
April 12, 2005
Customer(s) Name(s): Beth E. Hall and Angelique Davis
Property Address: 200 Roxbury Road, Newville, PA 17241
Marysville, Pennsylvania
BORROWER (S) PROMISE TO PAY: In return for a loan that I have
received, I promise to pay U.S. Three Hundred Thirty Three
Thousand Seven Hundred Fifty Dollars ($333,750.00) this amount is
called "Principal" plus interest, to the order of the Lender. The
Lender is The First National Bank of Marysville. I understand
that the Lender may transfer this Note. The Lender or anyone who
takes this Note by transfer and who is entitled to receive
payments under this Note is called the "Note Holder".
INTEREST: Interest will be charged on unpaid principal until the
full amount of principal has been paid. I will pay interest at a
yearly rate of 6.25 % for the first (59) payments due under this
Note. Thereafter, the interest rate will be an adjustable
interest rate equal to the Prime Rate of Interest plus 1 per cent
as published in the Wall Street Journal on the twenty-fifth (25th)
day of each month or, - if applicable, the next business day.
However the interest rate shall not exceed 18.00% per annum.
The interest rate required by this Section Two (2) is the rate I
will pay both before and after any default described in Section 6B
of this Note.
PAYMENTS:
I will make full monthly payments on the 12th day of each
month beginning May 12, 2005. .I will make these payments every
month until I have-paid all of the principal and interest and any
other charges described below that I may owe under this Note. My
monthly payment will be applied to interest before principal. If
on April 12, 2035, I still owe amounts under this Note, I will pay
those amounts in full on that date, which is called the "Maturity
Date".
I will make my monthly payments at P.O. Box B, Marysville,
Pennsylvania 17053-0017, or at a different place if required by
the Note Holder.
My monthly payment will be in the amount of $2054.96.
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 the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayment 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 date or in the amount of my monthly payment
?_,c- 0
unless the Note Holder agrees in writing to those changes.
LOAN CHARGES: If a law, which applies to this loan and which sets
maximum loan charges, is finally interpreted so that the interest
or other loan charges collected or to be collected in connection
with this loan exceed the permitted limits, then:
1. Any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit.
2. Any sums already collected from me which 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.
BORROWER(S) FAILURE TO PAY AS REQUIRED If the Note Holder has
not received the full amount of any monthly payment by the end of
fifteen (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
(5o) of my overdue payment of principal and interest. I will pay
this late charge promptly but only once on each late payment.
If I do not pay the full amount of each payment
the date it is due, I will be in default. monthly Payment on
If I am in default, the Note Holder may send me a written
notice telling me that if I do not pay the overdue amount by a
certain date, the Note holder may require me to pay immediately
the full amount of principal which has not been paid and all the
interest that I owe on that amount. That date must be at least
thirty (30) days after the date on which the notice is delivered
or mailed to me.
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, the
Note Holder will still have the right to do so if I am in default
.at a later time.
If the Note Holder has required me to pay immediately in full
as described above, the Note-Holder will have the right to be paid
back by me for all of its costs and expenses in enforcing this
Note to the extend not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
GIVING OF NOTICES: Unless applicable law requires a different
method, any notice that 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 the Property Address above or at a different address if I
give the Note Holder a notice of my different address.
Any notice that 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 state in Section 3A above or at a different
address if I am given a notice of that different address.
OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person
signs this Note, each person if fully and personally obligated to
keep all of the promises made in this Note, including the promise
Ex i?
to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endorser of this 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 that any one of us may be required to pay all of the amounts
owed under this Note.
UNIFORM SECURED NOTE: This Note is a uniform instrument with
limited variations in some jurisdictions. In addition to the
protection given to the Note Holder under this Note, a Mortgage,
Deed of Trust or Security Deed (the "Security Instrument"), dated
the same date as this Note, protects the Note Holder from possible
losses which might result if I do not keep the promises which I
make in this Notre. That Security Instrument describes how and
under what -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:
1. 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.
2. If Lender exercises this option, Lender shall give
Borrower notice of acceleration. The Notice shall
provide a period of not less than thirty (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.
WITNESS THE HAND(S) AND SEAL(S)
WITNESS(S .
l
OF THE UNDERSIGNED:
BY:, Beth /E. Hall
BY: -
nge-41 u Davis
Ex A
TRACT NO. 1:
Parcel No. 1: (Tax Parcel No. 15-05-0413-002D)
ALL that certain tract of land with improvements thereon
erected situate in Lower Mifflin Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a post in PA Route 997 at corner of lands
of Norman T. Kline; thence along lands of Norman T. Kline,
North 69 degrees West 932.25 feet to a post; thence still
along the same, North 55 degrees West 1,501.50 feet to a
post at lands of John B. Fisher, thence along lands of
Fisher, North 15 degrees 30 minutes East 1,102.20 feet to
a red oak; thence along lands formerly of Clyde C.
Neidigh, now Elwood R.Gutshall, Sr., South 59 degrees 30
minutes East 2,266.45 feet to an iron pin at corner of Lot
No. 3 on Plan for Conrad M. Cohick, recorded in Plan Book
39, Page 357; thence along Lot Nos. 3 and 4, South 22
degrees West 250.00 feet to an iron pin; thence along Lot
No; 4 on said Plan, South 59 degrees 30 minutes East
267.95 feet to a spike in the centerline of PA Route 997;
thence along the centerline of PA Route 997, South 22
degrees West 820.85 feet to a post, the place of
BEGINNING.
CONTAINING 62.747 acres.
Parcel No. 2:
(Tax Parcel No. 15-05-0413-054)
ALL that certain tract of land situate in Lower Mifflin
Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at a P.K. nail in the centerline of L. R. 21001
on the line of land now or formerly of G. Edward Henneman,
Jr. (Lot No. 2 of Plan Book 53 Page 33); thence along the
latter and land now or formerly of Ray L. Deihl (Lot No. 3
of Plan Book 53, Page 33), South 56 degrees 34 minutes 48
seconds East, a distance of 1,800.48 feet to an iron pin
on the line of land now or formerly of Phyllis H.
Randolph; thence along the latter, South 26 degrees 32
minutes 26 seconds West, a distance of 678.90 feet to an
iron pin at a fence post on the line of land now or formerly
of John E. Karns; thence along the latter, North 47 degrees
16 minutes 05 seconds West, a distance of 235.27 feet to an
&X 3
iron pin; thence along the same, South 40 degrees 48 minutes
58 seconds West, a distance of 449.30 feet to an iron pin in
the centerline of a 10.00 feet wide private slate lane on
the line of Lot No. 1 on the hereinafter mentioned Plan of
Lots; thence along the latter, North 66 degrees 31 minutes
49 seconds West, a distance of 40.92 feet to a point; thence
along the same, North 57 degrees 37 minutes 11 seconds
West, a distance of 328.38 feet to a point; thence along the
same, North 59 degrees 46 minutes 48 seconds West, a
distance of 88.42 feet to a point; thence continuing along
the same, North 65 degrees 53 minutes 51 seconds West, a
distance of 95.92 feet to an iron pin; thence still along
the same, North 66 degrees 58 minutes 49 seconds West, a
distance of 829.26 feet to a railroad spike in the
centerline of L. R. 21001, on the line of land now or
formerly of the Grantees herein; thence along the latter and
land now or formerly of Rodney J. Haubert (Lot No. 4 of Plan
Book 39, Page 35), Conrad M. Cohick (Lot No. 3 of Plan Book
39, Page 35), Julie M. Haubert (Lot No. 2 of Plan Book 39,
Page 35), Elwood R. Gutshall Sr. (Lot No. 1 of Plan Book 53,
Page 7, Daniel W. Perkins (Lot No. 2 of Plan Book 53, Page
7), Mark Stephen Judy (Lot No.3 of Plan Book 53, Page 7)
and Elwood R. Gutshall, Sr. (Lot No. 4 of Plan Book 53,
Page 7), North 23 degrees 21 minutes 01 seconds
East, a distance of 1,284.48 feet to a P.K. nail in the
centerline of L. R. 21001, the place of BEGINNING.
CONTAINING 43.4020 acres and being described according to a
Subdivision Plan for Conrad M. Cohick and Sylvia V. Cohick, by
Eugene Albert Hockensmith, R. S., dated August 31, 1989 and
recorded in Cumberland County Plan Book 59, Page 84, and being
designated as Lot No. 4 thereon.
SUBJECT, HOWEVER, to a 10.00 feet wide private slate lane
on the southern boundary of the land herein conveyed as the same
appears on the aforementioned Subdivision-Plan.
TRACT NO. 2:
Parcel No. 1 (Tax Parcel No. 15-05-0393-031)
ALL those two certain lots of ground lying and being
situate in Lower Mifflin Township, Cumberland County,
Pennsylvania, more particularly bounded and described in
accordance with Subdivision Plan entitled Final Subdivision Plan
for Elwood R: Gutshall, Sr. and Edna M. Gutshall drawn by Eugene
Albert Hockensmith, R.S. which said Subdivision Plan has been
approved by the appropriate municipal authorities and is
recorded in Cumberland County, Pennsylvania, in the Office of the
Recorder of Deeds in and for said County in Plan Book 53, Page 7,
?-:: X B
as follows:
Lot No. 1: BEGINNING at a railroad spike set in the
centerline of public road L.R. 21001, Pennsylvania
Traffic Route 997, at corner of lands now or formerly of
Conrad M. Cohick; thence along line of lands now or
formerly of Conrad M. Cohick, North fifty-eight (58)
degrees eleven (11) minutes twelve (12) seconds West,
two thousand two hundred ninety-one and forty-one
hundredths (2,291.41) feet to an iron pin set in a fence
line in line of lands now or formerly of John B. Fisher;
thence along line of lands now or formerly of John B.
Fisher and along a fence line, North seventeen (17)
degrees twenty-two (22) minutes forty-five (45) seconds
East, eight hundred seventy-five and fifty-five
hundredths (875.55) feet to a point in centerline of
fifteen (15) foot wide unnamed stream, which point is
also in line of lands now or formerly of Ross Z.
Pierpont; thence down the centerline of the fifteen
(15) foot wide unnamed stream and along line of lands
now or formerly of Ross Z. Pierpont, the following
nineteen courses and distances: [1] North eighty-
four (84) degrees three (03) minutes forty-three (43)
seconds East, twenty-one and seventy-one hundredths
(21.71) feet; [2]. South zero (00) degrees fifty-six
(56) minutes thirty-four (34) seconds East, eleven and
eighteen hundredths (11.18) feet; [3] South thirty
(30) degrees forty-one (41) minutes ten (10) seconds
East, twenty-three and eighty-six hundredths (23.86)
feet; [4] North eighty-four (84) degrees ten (10)
minutes sixteen.(16) seconds East, sixty-six and fifteen
hundredths (66.15) feet; [5] South eighty-three (83)
degrees forty (40) minutes eleven (11) seconds East,
eighty-one and thirty-three hundredths (81.33) feet; [6]
South eighty-six (86) degrees twelve (12) minutes fifty-
nine (59) seconds East, one hundred one and forty-one
hundredths (101.41) feet; [7] South fifty-one (51)
degrees thirty-four (34) minutes forty-nine (49 seconds
East, fifty-one and nine hundredths (51.09) feet; [8]
North seventy-six (76) degrees twenty-six (26) minutes
fifty-three (53) seconds East, sixty-eight and eighty-eight
hundredths (68.88) feet; [9] South thirty-six (36) degrees
twelve (12) minutes nineteen (19) seconds East,
two hundred fifteen and fifty-three hundredths
(215.53) feet; [10] South eighty (80) degrees thirty-two
(32) minutes fifty-one (51) seconds East, eighty-one and
twelve hundredths (81.12) feet; [11] South nine (09)
degrees six (06) minutes fifty-six (56) seconds East,
sixty-four and fourteen hundredths (64.14) feet; [12]
Q
?_2 i,
South seventy-two .(72) degrees fifteen (15) minutes
fifty-two (52) seconds East, two hundred sixty and
ninety-nine hundredths (260.99) feet; [13] North thirty-
five (35) degrees forty (40) minutes forty-three (43)
seconds East, one hundred and sixty-one hundredths
(100.61) feet; [14] South eighty-nine (89) degrees
fifty-four (54) minutes twelve (12) seconds East, fifty
two and seventy-three hundredths (52.73) feet,[15].South
two (02) degrees thirty-three (33) minutes forty-four
(44) seconds East, twenty-one and seven hundredths
(21.07) feet; [16] North eighty-one (81) degrees twenty-
four (24) minutes four (04) seconds East, thirty-eight
and thirty-six hundredths (38.36) feet; [17] North
thirty-nine (39) degrees. forty (40) minutes twenty-six
(26) seconds East, eighty-four and sixty-one hundredths
(84.61) feet; [18] South eighty-two (82) degrees
fourteen (14) minutes twenty-nine (29) seconds East,
forty-two and eighteen hundredths (42.18) feet; [19]
South forty (40) degrees fifty-seven (57) minutes twenty-
five (25) -seconds East, fifty-nine and seventy-one
hundredths (59.71) feet to a point at corner of Lot No. 3
on the above referred to subdivision plan; thence along
common boundary line of Lot No. 3, South twenty-one
(21) degrees four (04) minutes fifty-three (53) seconds
West, four hundred forty-seven and thirteen hundredths
(447.13) feet to an iron pin; thence
continuing by same,. South sixty (60) degrees zero .(00)
minutes fifty-four (54) seconds East, five hundred sixty-
two and twenty-five hundredths (562.25) feet to an iron
pin; thence continuing by same, South thirty-one (31)
degrees forty-eight (48) minutes forty-eight (48)
seconds West, one hundred fifteen and zero hundredths
(115.00) feet to an iron pin; thence continuing by same,
South three (03) degrees zero (00) minutes zero (00)
seconds West, one hundred fifty and nine hundredths
(150.09) feet to an iron pin; thence continuing by same,
South fifty-eight (58) degrees eleven (11) minutes-twelve
(12) seconds East, one hundred ten and thirty-nine
hundredths (110.39) feet to -an iron pin in line of Lot
No. 2; thence along line of Lot No. 2, South thirty-one
(31) degrees forty-eight (48) minutes forty-eight (48)
seconds West, one hundred eighty-one and ninety-six
hundredths (181.96) feet to an iron pin; thence continuing
by same, South fifty-eight (58) degrees eleven (11)
minutes twelve (12) seconds East, seven hundred seventy
and twelve hundredths (770.12) feet to a parker kalon
nail set in centerline of Pennsylvania Traffic route 997,
L.R. 21001; thence along centerline of L.R. 21001,
Pennsylvania Traffic Route 997, South twenty-three .(23) & B
degrees twenty-one (21) minutes one. (01) second West,
three hundred forty-five and zero hundredths (345.00)
feet to the railroad spike, the point and place of
BEGINNING. CONTAINING 43.3128 acres, more or less, in
accordance with the above mentioned survey plan.
BEING Lot No. 1 on the above referred to plan.
UNDER AND SUBJECT to dedicated right-of-way lines,
building setback lines and other notations as shown on the
herein referred to subdivision plan.
Lot No. 4: BEGINNING at a railroad spike set in the
centerline of Pennsylvania Traffic Route 997, L.R. 21001, at
corner of land now or formerly of Clair L. Smith; thence
along centerline of Pennsylvania Traffic Route 997, L.R.
21001, South twenty-three (23) degrees twenty-one (21)
minutes one (01) second West, six hundred' forty-one and
seventeen hundredths (641.17) feet to a parker kalon nail
set at corner of Lot No. 3; thence along common boundary
line of Lot No. 3 , North fifty-eight (58) degrees eleven
(11) minutes twelve (12) seconds West, three hundred sixty
and thirty-five hundredths 360.35) feet to an iron pin;
thence continuing by same, North twenty-three (23) degrees
twenty-one (21) minutes one (01) second East, five hundred
ninety-seven and eight hundredths (597.08) feet to an iron
pin at corner of Lot No. 5; thence along Lot No. 5, South
sixty-five (65) degrees twelve (12) minutes forty-five (45)
seconds East, ninety and thirty-four hundredths (90.34) feet
to an iron pin at corner of lands now or formerly of Clair
L. Smith; thence along line of lands now or formerly of
Clair L. Smith, South sixty-five (65) degrees twelve (12)
minutes forty-five (45) seconds East, three hundred fifty-
six and fifty-four hundredths (356.54) feet to the
railroad spike, the point and place of BEGINNING.
CONTAINING 5.0659 acres, more or less, in accordance with
the above mentioned survey plan.
BEING Lot No. 4 on the above referred to plan.
UNDER AND SUBJECT to dedicated right-of-way lines,
building setback lines and-other notations as contained on the
above referred to subdivision plan.
EXCEPTING THEREFROM, the following adverse conveyances:
1. A certain tract of land containing 2.000 acres, conveyed by
Elwood R. Gutshall, Jr. & David W. Gutshall, a partnership, to
Bryan L. Boyd and Wendy K. Boyd by deed dated November 5,
2001. and recorded in Deed Book 249, Page 963. lp X„ 6
? A
2. A certain tract of land containing 3.0674 acres,
conveyed by Elwood R. Gutshall, Jr. and David W.
Gutshall, a partnership, to Glenn W. Redcay and Linda
M. Redcay by deed dated January 17, 2002, and recorded
in Deed Book 250, Page 1133.
3. A certain tract of land containing 7.000 acres,
conveyed by Elwood R. Gutshall, Jr. and David W.
Gutshall, a partnership, to Bryan D. Moxley and Claudia
A. Moxley by Deed dated May 6, 2002, and recorded in
Deed Book 251, Page 3525.
4. Tract 1, Parcel 2 above, a 2 acre track conveyed to John D.
Kerstetter, by Deed dated November 26, 2004, and recorded in Deed
Book 266, Page 4529, as more fully described therein.
ALL OF THE ABOVE, being the same premises which David W. Gutshall,
single individual, by his deed dated April 9, 2004, and recorded
in the Cumberland County Recorder of Deeds office, in Book 262,
Page 2785, granted and conveyed to Beth E. Hall, Roy E. Hall and
Dorothy L. Hall, grantors herein.
Also excepting therefrom the 41.4036 acre Tract which is lot #1 in
the subdivision Plan for Ray E. & Dorothy L. Hall, and Beth Hall
dated 3/16/04 and recorded in Plan Book 89 Page 51 and being that
Tract conveyed by Mortgagors by deed dated March 2, 2006 and
recorded in Deed Book 273 Page 1872 Cumberland County Records, to
Joshua W. Jones.
?-7 X G
VERIFICATION
> < 1 4-1< 1 ? states subject to the
penalties of 18 Pa C.S.Section 4904 relating to unsworn
falsification to authorities, that he/she is the
Vice President for the Plaintiff in
this matter, that he/she is authorized to make this
affidavit on its behalf and that the facts set forth in the
foregoing pleading is true and correct to the best of
his/her knowledge, information and belief.
/? Sam/ G 7
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THE FIRST NATIONAL BANK OF COURT OF COMMONS PLEAS OF
MARYSVILLE PERRY COUNTY, PA
Plaintiff
NO.: 07-00099
BETH E. HALL
ANGELIQUE DAVIS MORTGAGE FORECLOSURE
Defendants
PRAECIPE TO REINSTATE
Would you please reinstate the Complaint against the Defendant in
the above captioned matter.
To
Prothonotary
Date: February 6, 2007
Arthur M. Feld
1309 Bridge Street
New Cumberland, PA 17070
ID# 07172
..?
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THE FIRST NATIONAL BANK OF
MARYSVILLE
Plaintiff
BETH E. HALL
ANGELIQUE DAVIS
Defendants
COURT OF COMMONS PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2007-00099
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE
Would you please discontinue the action against the Defendants in
the above captioned matter
To
Prothonotary
Date: March 19, 2007
Q?? VA& *%. S &-
Arthur M. Feld
1309 Bridge Street
New Cumberland, PA 17070
ID# 07172
c?
N
Z
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00099 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST NATIONAL BANK OF MARYSVI
VS
HALL BETH E ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
HALL BETH E
but was unable to locate Her
deputized the sheriff of PERRY
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On January 29th , 2007 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Perry County 32.70
Postage 2.37
72.07
01/29/2007
ARTHUR FELD
So answers
R. Thomas Kline
Sheriff of Cumberland County
;,YI310 -7
Sworn and subscribe to before me
this day of
A. D.
in his bailiwick. He therefore
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00099 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST NATIONAL BANK OF MARYSVI
VS
HALL BETH E ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
DAVIS ANGELIQUE
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of PHILADELPHIA County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On January 29th , 2007 , this office was in receipt of the
attached return from PHILADELPHIA
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Phila 116.00
L'2 L . V V
01/29/2007
ARTHUR FELD
So answer ...................
Thomas Kline
Sheriff of Cumberland County
,' a j j3?o 7 C)"
Sworn and subscribe to before me
this day of
A. D.
' In The Court of Common Pleas of Cumberland County, Pennsylvania
The First National Bank of Marysville
vs.
Beth E. Hall et al
SERVE: Beth E. Hall No. 07-99 civil
.
Now, January 9 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry * County to execute this writ, this
deputation being made at the request and risk of the Plaintiff.
? e
Sheriff of Cumberland County, PA
Affidavit of Service
Now, January 16. , 20 0 7 5 at 8: 2 8 O'clock ' A M. served the
within Complaint in Mortgage Foreclosure
upon Beth E. Hall
at 452 Schuler Rd. ( Carroll Twp) ShermansDa:le, PA 17090
by handing to
Beth E. Hall, Defendant
a True & Attested copy of the original Comp Mtg Forc.
and made known to Her the contents thereof.
So answers,
Donald E. Smith
Chief Deputy Sheriff of Perry County, PA
Sworn and subscribed before
me this day of 3-, 200
:::21 a-4
NOTARIAL SEAL
MARGARET F, FLICKINGER, NOTARY PUBLIC
BLOOMFIELD BORO, PERRY COUNTY
MY COMMISSION EXPIRES FEB. 16, ?00$
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
S
r
j •
r In The Court of Common Fleas of-Cumberland County, Pennsylvania
The First National Bank of Marysville
vs.
Beth E. Hall et al
SERVE: Angelique Davis L 07-99 civil
Ql?''1 (Os K ()-W S' No.
T1 tla t a )Rift
Now, January 9, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
Sheriff of Cumberland County, PA
Affidavit f
e
Now, V a2 , 20 4 , at 9,4 o clock ti
M4
within
upon
at
by handing to
a copy of the original
and made known to the contents thereof.
deputation being made at the request and risk of the Plaintiff.
? Qenoa?ry ?S ?Lo?4eI ?
Sworn ands senb
me this v of
0-1
So answers,
.Trgfff 15r
PQOCeSS ?v-
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
County, PA
-SUSA Nt L: ROSENFjttt.Notary Public
oty of P1140ON8, Phll0k. County
M Commiseibn etc Irea March 11, 2008
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00099 P
COMMONWEALTH OF PENNSYLVANIA:
w COUNTY OF CUMBERLAND
FIRST NATIONAL BANK OF MARYSVI
VS
HALL BETH E ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
DAVIS ANGELIQUE
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of PHILADELPHIA County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On March 12th , 2007 , this office was in receipt of the
attached return from PHILADELPHIA
Sheriff's Costs: So answe
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas RI-ine(
Dep Phila County 116.00 Sheriff of Cumberland County
Postage 1.74
154.74 ? 4-
03/12/2007
ARTHUR FELD
Sworn and subscribe to before me
this day of
A. D.
•
In The Court of Common Pleas of71u%'berlaod County, Pennsylvania
r The First National Bank of Marysville
vs.
Beth E. Hall et al
SERVE: Angelique Davis
No. 07-99 civil
February 15, 2007 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Now.
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Affidavit of Service
Now, p 6pM e , T1) 20 d", at 15=5? o'clock P - M. served the
withi;ri 56MAO ks 1COMD(A-fA,14-
upon
R- v6 P L-1 Q C1Q
/4V l
at 1 %-(0 S Vk?-Vec P h L I4 _ 04 . ? Q1 C I
by handing to
01
Sheriff of Cumberland County, PA
a ?IANJ- 2 (I y copy of the original
,and niade known to jer,? A?*? the contents thereof.
So answers,
IL (--fd(vyls
£4erif -vV cis S v ?2 County, fjk , h .1
Sworn and s bscribed efore
me th' ?.y of
MMO E P YLVANIA
NOTA L SEAL
SUSAN L. ROSENFELD, Notary Public
F
City of Philadelphia, Phila. County
My Commiao?®o Ems March 1_1,_2008
?eQsor"JA ( I -f S a V "o
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
S