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HomeMy WebLinkAbout03-1231IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTOR~y FOR pI~INTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANTS IS: 10 Wayne Circle Camp Hill, PA 17011 d-~ ~t~7'(A'ITt~KNEY FOR PLAINTIFF ' NO.: TYPE OF PLEADING: CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 10 Wayne Circle Lower Allen, PA (CITY, BORO~ (WARD) A'I~F'ORNEY FOI~ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, ffk/a MELLON MORTGAGE COMPANY, NO.: Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, 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 ajudgrnent 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBE~~ COUNTY PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, NO.: VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219. 2. The Defendants, Larry L. Weikel and Sandra L. Weikel, are individuals Whose last known address is 10 Wayne Circle, Camp Hill, Pennsylvania 17011. 3. On or about March 8, 1999, Defendants executed a Note in favor of E-Mortgage, LLC in the original principal amount of $68,828.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about March 8, 1999, as security for payment of the aforesaid Note, Defendants made, executed and delivered to E-Mortgage, LLC a Mortgage in the original principal amount of $68,828.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 17, 1999 in Mortgage Book Volume 1526, Page 1101. 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. E-Mortgage, LLC assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on April 14, 1999, at Mortgage Book Volume 609, Page 902. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the September 1, 2002 payment. 8. Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. 51680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12U. S.C. 5§1707-1715z-18) [35 P.S. §1680.401C(a) (3)]. 9. Plaintiff was not required to send Defendants written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. 5403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. 5101 and Defendants are not "residential mortgage debtors" as defined in 41 P.S. 5101. 10. The amount due and owing Plaintiffby Defendants is as follows: Principal Interest to 3/4/03 Late Charges to 3/4/03 Escrow Deficiency to 3/4/03 Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs $66,294.29 $ 2,745.16 $ 155.94 $ 374.84 $ 43.97 $ 1,250.00 .$ 2,500.00 TOTAL $73,364.20 WHEREFORE, Plaintiffdemandsjudgrnent in mortgage foreclosure for the amount due of $73,364.20 with interest thereon at the rate of $12.71 per diem from March 4, 2003, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. Krisih. te M. A~thou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" Multistntu NOTE MARCH 0~, 1999 10 WAYNE CIRCLE, CAMP HIL~ P~NN~YL~ANIA 17011 I. PARTI~ ~t -Sg~S6S'2~03 $$10764810 means en~h person Mgnm8 st the end of this Note, and the person's successor~ and assigns "Lender" means K-MORTGAGE LLC and its successors and assigns 2. BORROWER'S PROMISE TO PAY; INTEREST In return fro' a loan received from Lender, Borrower promises to pay the prlncil~al sum of' SIXTY EIGHT THOUSAND EIGHT HUNDRED TWENTY EIGHT AND 0WI00- ................................ Dollars (U.S. S 6~'~.~ ), plus interest, to the order of Lender Interest w:ll be charged on unpaid principal, from the date of dssbur3ement of the loan proceeds by i.ender, st the rote of SEVEN AND 000/I 000 percent ( 7.00900%) per year until the fxdl amount of principal has been prod. 3. PROMISE TO PAY SECURED Borrower's prom~ to pay is secured by a mortgage, deed ofm~t or sunilar security insWument that ss dated the Same date as this Note and called the "Secartty Instrument." The Security inst]'urnent protects the Lender from losses whtch might result tf Bortmver defen~ under this Note. 4. MANNER OF PAYMENT (Al Time Borrower shall make a payment of principal and interest to Lender on the fb-M day of each month beginning on MAY 01,1999 Any principal and interest remaining on the f'u'st day of APRIL 01, 2029 , will be due on that date, which is called the maturity date (B) Place Payment shall be made at 160 WEST MARKET STREET YORK, PENNSYLVANIA l?d01 ' may designate in vfl~Aing by noUen to Bom)wer. or at such other place as Lender (C) Amount Each monthly payment of principal md interest will be m the amount of U S. $ 45'/.92 . Th~s amount will be pa~t of a larger monthly payment requb~l by the Security instrument, that shall be applied to principal, mtn-est and other iwms in the order (D) Allonge to this note gm- imymont ndjustmeuts If an allonge providing for payment adjumnents is executed by Borrower together with this Note, the covenants of the allonge shall be incoqx)rated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box ] [] GradnatedPaymontAllonge [] GM~vingEqmty Allonge [] O~et~s)[specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the r~ht to pay the debt evidenced by t~s Notu. in whole or in part, without charge or pamdty, un the f'~st day of any month. Lender shall nccept prep"yment on miter days provided that Borrower pays interest on the amount prepmd for the remmnder of the month m ~e extent ~qulred by Lender and paflmtted by regulations of tbe Secretary. If Borrower makes a partml prepayment, there wdl be no changas m the d~e date or in the amoont of the monthly payment unless Lender agree~ in wining to th~se 6. BORROWER'S FAILURE TO PAY (A) Late Chatge for Overdue Payments If Londer has n~t received the full monthly payment required by the Security [ustrument, as de~ribed in ParngFaph 4(C) of this Note, by the end of fiReou calend~ days after the payment ~s due, Lender my collec~ a ~ charge m the amount of FOUR AND 000;1000 percent ( 4.000 %) of the overdue amount of eanh pa~mont. (n) i)~au~t If Bon~owor defaults by failing to pay in full any monthly payment, then Lender may, except as limited by reguintmm of the Secretary in the case of payment defuul~ requse immediate payment in full of the principal beinnce remaining due and all accrk, ed inter, at. lender may chon, re not to exercise this option wi~ont waiv'mg ~ rights in the event of any subsequent defan)L In many circumsmncus regulatimu bsued by the Sec~tmy will Ionit Lender's rights to require inunedtste payment in full in the case of "Secretory" means the Sec~tary of Honsmg and Urban Development or his or her des~geee. (C') Payment of C:usts and Expenses If Lender has required inunedinte paymeut in full, as described above, Lender may require Bom)wet to pay costs and expeuses including reasonable and customary attorney's and costs shall bear interest fees for enforcing this Note m the extent not prchib~ted by apphcable inw. Such fees from the dam of d~slxnaement at the same rate as the principal of this Note. FHA ,ultbtate Fixed Ra, N, (0~/~) . .._~ .~ ~ 0m4D ~ l~e 1 of 2 ~ . ~. ?. W&IVKRS. ~orrower and any other person who has obligations under tht$ Note watve the rights of' presentment and not,ce or' dishonor "Presentment" means the r~ght lo require Lender to demand payment of'amounts due "Nmlce of'dishonor" means the right to requsr~ Lender to ~ve notice to other persons that amounts due have not been paid 8. ClVIN(; OF NOTICES Unless applicable law requires a different method, any nouce that must be given to Borrower under thts Note will be given by delivering tt or by mailing ~t by rust cb.ss mail to Borrower ut the property adth~n above or al a d~fYurem ad.ess ~f Borrower Jm~ given Lender a nouce or' Borvowe~'s different address Any notice that must be given to Lender under this Note w~ll be given by f~ot class mini te Lender at the addre(.s stated m Paragra~ 4(B) or at ;t dtfferent address tf Borrower ~$ given f, notice of that d~fferent address. 9. OBLIGATIONS OF PERSONS UNDER THIS .NOTE If more than one person signs this Note, each pet~m ts fully and personally obligated to keep all of the promises made m th~s Nole, including fire promise to pay the ful! amount owed. Any person who Is a guaomtor, surerb. or endorte~ of this Note ts ;tim obligated to so these things. Any per3on who takes over these obligatmns, including the oblagauons of a guarantor, surety m' endorser of thts Note, also obligated to keep all of the promtses made m this Note. Lender may enforce its rights und~ thts Note against each person ~ndivithmJly ol' against all signatories together. Any oue person s~gning this Not= may be requued to pay all of the amounts owed under this Note. BY SIGNING BELOW, BO~TOWer accepts and agrees to the terms and covenants contmned in this Note. · ' / . .//'~ SANDRA L WEll(EL 4Emmet (S~I) {Seal) ~l~ls 2 of 2 Exhibit "B" RECORD AND RETURN TO: MELLON MORTGAGE COMPANY P. O. BOX 4883 HOUSTON, TEXAS 77210 Commonwealth of'Pennsylvanln THIS MORTGAGE ("Secunt7 ins~ument') is gwen o~ MARCH 08,1999 LARRY L. WEIKEL AND SANDRA L. WEIKEL BERT P. Z,EC, L~:R REOORDEE OF r)EEDS OUUBERLA;;D CCUffTY- FA '99 flftlt 17 Ilfl 11 il MORTGAGE. . ~-s~2s6,~o2 . The Mortgagor whose add. ss is 10 WAYNE CIRCLE, ' CAMP HILL, PENNSYLVANIA ! 7011 (~Borrowet'*) Thts Sccunty humaneut is siren to F.-MORTGAGE I.,I.C / , which is orBanLzed and extsting under Ibc laws of THE COMMONWEALTH OF PKNNSYLVANIA , and whose address is 160 WEST MARKET STREET, YORK, PENNSYLVANIA 17401 (~Lend~') Borrower owe~ Lender thc pnncipal sum of' SIXTY EIGHT THOUSAND EIGHT HUNDRED TWENTY EIGHT AND 00/100 ......................... Dollars (U $ $ 68,828.00~ ). Thts debt is evKfeuced by Borrowers note dated ~he same dee es this Security Instrument ("Note*), which prov~les for monthly payments0 with the Full ~ tf' not pard miner, due Md payable on APRIL 01, 2029 / . This Security Instrument secures to Lender. (a) the repayment of'the debt evidenced by the Note, with interest, and all ra~ewais, exteflsioas and moddlcations of' the Note; (b) the payment of all other sums, with interest, advanced under Paragraph 7 to protect the secunt~ of' this Secu~ty InsUument; md (c) thc performance of' mort~e, 8rant and convey to Leader, lhe ro]low~ descn'bed propen'y located tn CUMBERLAND SER LEG~L DR$(-~%XPTZO~ ATTACHED ~TO AND M~)R A PART FHA Pennsylvania Mortgage (06~6) / OOPA O~g? Pqe I of 6 sood52B r~:l.tO:l. ·whtch has thc address of i0 WAYNE CIRCLE CAMP HILL , PENNSYLVANIA 17011 (?topaZ/Address"), [c~'l I~] 12.p cadsI TOGETHER WITH all ~e improvements now or hereafter ..r~'ted on the propal~, end all e~soments, appur~enancer,. and ~utes rm~v or he.after a part of the propar~ All teplecements and add~ons shall also be coveted by this Security Imlrument All of the foregoing ts referred to m this Security lnslrumenl as the 'Property" BORROWER COVENANTS that Borrower ss lawfully seized of the estate he~oy conveyed and has the right to rno~gage, grant and convey the Propa~y end that the Propar~y ~s unencumhemt, except for encumbrances of record Borrower wammts end wall defend generally the title to the Propei~ against all claims end demands, subjeot to any encombrancns of tecord. THIS SECURITY INSTRUMENT cumbme-~ umform covenants for national use and non-uniform covenants ruth limited verinlions by jumdletion to con.lute a uniform security inslrument covering teal prope~. UNIFORM COVENANTS Borrower and Lender covenant and. agree ns. follows I. Pnymenl of Principal, lntereM and Late Charg,.' Borrower shall pay when due the princq)al of, and mteresl on, the debt ovidunced by abe Nme nod late charges due under the Note 2. Monlhly Paymunl of Taxes. lnsuranee, and Olher Charges. Bom)wer shall include in each monthly payment. together wa the principal and intetest ns set forth in the No~ and any late charges, a sent for (s) taxes and special assessments levied or to be levsed agamsl the Property. CO) lenschold payments or ground tents on the Propmy. md (¢) premiums` f~r..m~.ce req..u.?d .under ....P~h 4 In any ~ m which thc Lender must~ - mo~nag~ insurance prermum [o me aecremry or t/OUSlng ann orcen t~evelopment ( :~:temrJO, or m any year m which such p~mmm would have heon tequired tf Lender still held the Security Instrument. ench monthly payment shall also include either ([) t SU~ for the annual mo~gage insurance premium to be paid by Lender to the Secr~a~. or (it) a monthly cha~e instead of& mo~gage insurance pmmum if'thts ~ InsU'ument is held by the Secrem~, in at reasonable amount to be detonnmed by the Seca~ary. Except for the monthly charge by the Seer~a~, these ttems am cailed "Escrow Items' and the sums p~d to L~nder are called "Escrow Funds ' Lender may. at any time, collect and hold amounts for Escrow Items m an aggregate amo~mt not to exceed the maximum amount that may be requn~d for Borrowers escrow account under the Rcel Estate Setlle~noot Procedures Act of 1974, 12 U.S.C. § 2601 el.m? end implementin$ mgulanons. 24 CFR Pa~ 3500, ns they may be amended from time to time ("RESPA"). except thsl the cushion or resor~ permitted by RESPA for unanticipated disbursements or disbursements befo~ the Bo~ower's payments are avmlable m Ihe account may not be based on amounls due for the mm~gage msurence pteminm. It' the amounts held by Lender for Escrow Items exceed the amounts permtlted to he held by RESPA. Lender shall account to ~rrower for the excees fonds ns required by RESPA If the amounts of funds held by Lender at any ~ime am not softlc~ent to pay the Escrow Items when due, Lender may notif~ the Borrower and requtre Borrower to make up the shomge ns penn.ed by RESPA. The Escrow Funds am pledged es edditmnal security for all sums secured by thss Senor~ lmmonent If i~)rrower tenders to Lender the foil payment of ail such sums. Bom)wer's nscount shall be credited with the balance remaining for all m~_~.um_,tm~_ (at), Co): pd (?) ?l..~X mo~. ~e.ms~.. ce p~mm.m .?~. iment that tender ~ not become o~li~,ated to pay to me ~cremry, ano t,enoer Slmll promplty remno uny excess mnm to l~)rrower Immediately p~ior to a fo~loso~ sale of the Property or ils acquisition by Lender, Borrower's a~.oont shall be crated wtth any balance runmining for all inmltmunts for hems (at). Co). and (c). 3. Applleaflon of Pnymunis. All payments under Paragraphs i and 2 shall be applied by Lender ns follows mste~ orme monmly mortgage msurunce pteminm; msurunce premiums, as requ~,d; Third. to in~res~ clue onder the Nme; ~ to amom~ation of~e prince! of the No'-~ and ~ to late charges due under the Note. 4. Fire. Flood nad Other Hazard lnsurane~ Borrower shall insure all onprovements on the Property, whe~er now in existence or subsequently erectod, against any he2nrds, casualties, ond contingeneies, including t'n~., for which Lender r~quims insurance. This insurance shall he ma~ in the amounts and for the periods that Lender requi~s 13on~wer shall aian insure ail onp~oven~ats on the Propa~. whothor now in existence or subseqncotly erected, against loss by floods to the extent requu~d by the Secreta~. All insu~nen shall he can-led with compnotes approved by Lender. The ~ p~lions and any tenewais shall be held by tender end shall include loss payable clauses in favor o~ end in a form In the event ot' loss. Bom~ver shah give Lander immediate notice by mail. Lender may make proof of loss If not made Ix'omptly by Borrower. Each insurance company concerned is hereby authorlz~d und ditec~d to make payment for such loss d~'~ly to Lender, instead of to Borrower and to Lender jointly All or any part of the insurance proceeds may be applied by Lender, at its opoon, etcher (a) to the redaction of the indebtedness under the Note nd this Security Instrmnent, first to uny dulloquont nmmmts appbed in the order in Pategmph 3, and then to prepayment of principal, or Co) to the restoration or ~ of the damaged Propar~. Any application of the proceeds to the principal shall not ex. nd or pcelpono th,. dun dut~ of the monthly payments which are ~ to in Paragrep~ 2, or change I~e _amount of such payments/ · Any exce~ ~n~urance proceeds over an amount fequ~ed to pay all outstanding indebtedness under the Note and th~s Securily InAtmmem shall be p~nd to the entity lesally entitled In the event of. foreclosure .°f l~s Secunly insU'ument or ol~cr Iransfe~ of.~ to the Property Ihat extingumhe$ sndebledness, all right, Mle nnd interest of BoFrower m and to mf, urance poltc~es m force shall ~ to the purchaser ........ py, ~sJam~n, an~ use me ~ as ~rowet's i~incq~l residence wilhm sixty days nnoF me executmn oF IAm ~ecu~ty instn~nent (cf wilhm sixty da~s of a laler sale or Iran~fe~ nf th~ PM~,,,~,'t ,,~1 continue Io occupy Ih, Property ns Bo~owe~s prm¢,pal res,de~ce fo'r at least one year afler-th--~ may take reasonable sct~on to protect and preserve such vacant oF abandoned Property. Borrower ~all also be m derail sf Borrower, dunn$ lhe loan applicatmn process, gave mnter~-,lly false or mnccoFale mfoFmalion oF s~atemenl~ Io lender (oF failed ~o pfowde Lender wm'~ any malenal mfonnatson) in connection w~h lhe Io~ Jv~enced by lhe NMe, including, but nnn Ot Inneed to, te .l~.~.ons cm~cerning Borrowers occupancy ofth~ t~ a~ a ptincil~l residence. If this Security em m on a leasehold, BoFfower shall comply wdh the pfov~ions of th~ lease. If ~ acquires fee ~itle ~o ~e ¢ ...... mnn_~uon...t .ne ~ ot ~y. aw_am ~- clann mr menages, ~ oF consequential, in connectmn wilh any u~o~nnauonoFmnefml~mgolaypjfloTtllePrmMr~ oFforcMivevance~-I~'~.a...- ....... t ~_. .... y-. ~ ~m~-, ~ mc ,:~em oxme mil amount olme moelxe(Ioe~s thai remaln~ unpaid undm- gte Note ad Security laslrumeat Lender shall apply ~ proceeds Io the reduc~n of the Indelxedae~s under, the Nm and this Secur~ ~,-=. y-,. ~,.~ ~ ,,m.,n ,~ mc ~ io me l~mcnpal soall nm exlem3 of po~tjxate Ihe due date of the mo~hly payments, which afc refer~d to m Paragreph 2, of chag¢ lhe amount of such pa3mte~ts. Any excc~ proceed~ over an j~mgajo~y rib. ired to pay all outst~diltg indebtedness uoder the NMe and ~s Seclmly ]nstrument dtall be pald to Ihe ~ thereto. e'., -~s~,, ,~ ,~m Unl~,smons mat nfe no~ mcmoeo m t-ara~ 2 Borrower ~hall lay these obllgatioo$ on r~perly, upon I.,eoo~s Ireques~ t~)rrower soan proml~ly furnmlt to Leodef recemt~ evide~c, ine th~.~ Bom)wet fmb to make thee pa~ts or Ihe payment~ reqmred by l'~graph 2, or fmb to perform any ~her then ....... · ,-;,q~,,~.~s~ . txoceen g m I~mm~ptcy, for condemnatmn or Io enforce laws or regulations), ut uuml~ J~aym~sl OltaX.~% ~ IIISlII'~ **a"lO Omit It~ mtqlt'Jol~ in Parasraph 2. .-. -.;, ~ ,~,~,,~ a~,~ cnroFcement ol me iM31 m i ~ wIIiCI! iff t~ Left ooifllO~ ooes-Ale tn tree ....... rep proceea__ . der's ---~ ....... preven enlorcement os me hen, or (c) secures from the holder of b'te hen a agreement ~ to Lender suboFdmatin~ the lien to ~his Security Insmunent. if Lender determines that any part oft~e Property is subject to a lien which may attain pnonty over thru Securfly Instrument, Lender may give Borrower a notice tdenufyin~ the lien. BoFrow~ shall satisfy the lien or take (me or more of the actions set fom't above witlun 10 days of the givinf ofnoOce. 8. Fees. tender my collect fees and charges amhom~d by*he Secretary. g. Grounds for Acceleration or DebL (0 Bo~owet defaults by fmling to i~y in full any morally i~yment requh-ed by Ibm Security inslrumem ~ Io or on lhe due date of the nexl rnon~ly l~yme~l, or (d) ~ defau~s by fallm& for a period of lhiny days, to perform any olher obh~atmns contained m ~m Security · .~ ,,mm L~IA~,~[y m~mu~as AC~ or I~, 12 U.$.C 170 Ij-3(d))ne wilh lbo prioF 812~oval of Ihe Secretly (~ Ali ~ peri of ibc Propeny, oF ~ beneficial inleFe~ m a In~ owni~ all oF psfl oflhe Properly, ~s sold o~ olhe~wise FY t'rope~y, om nil or n~' credit nas n~ ~ npprove~ In nccoFdance w~lh the requJrement~ of ,oo~:t52~raotl.l.03 (c) No WaiveF. lfcircumstanccs occm';hat would paflmt Lender to require tmmedlate payment ia full, but Lender doe~,~ot~t~u .n.e .such ~...y~l..e. nts, Lender does not wawe its nshts with respect to subsequent even:~ au) Ke~uuttlons ol tisJD Seccetn[T. In many clr~nstances r~gulaticos tssued by ;he Secretary Mil limit Lender's rights, m ;he case of payment defaults, to reqmre immedmte payment in full and foreclose :f not pa~d Thru Security Ins.m?? does not_en~.on~ accelemin, or foreclosure if not permitted by r~uhtms of ;he Secmary ~e) Mortise [~ot msur~d. Borrower agrees that sf ;his Senurity [ns~ument and ;he Note are not datennmed to be eligible for msurence under ;he National Housmg Act wi;hm SIXTY DAYS fi'om the date hereof, Lender may, st its option require immedmte payment m full of ali sums secured by this Secur~ Ins~ument A WnUen statement of ro,~,oino ;has ,~q~ ........... ~c.; _mm_ ~l_~ ?am.? ccoc,.u.t.ve. ?~.t'orsuch ineligibtlfly Notwi;hstendmg the '-o O, ~ ..u ...y ,~s ~ ~ACS,.i~C~J [~ ~ Wile~ [fie (][~vaiJitotll~y Ol* ilI.SMr~lC~ LS SO]~[V dl~ to remst a mortSqe msuflmce p~mium to the Secreta~ -- -- -' ............... 10. Reinstatement- l~xTower has n right to be reinstmd if Lander has required immediate payment in full because of Borrower's failure to pay an amount due under the Note oF tim Secur~ Instrument. Thts right apphes even after foreclnsure proceedings are mstitoted To reinstate ;he S~corfly lnstnuMM, I~x~ower shall tender in n lump sum all amounts r~lmred to bring Borrowe~s account current tnchdmL to ;he extent ;hey are obligations of lkxrower under ;ha =,. , t.~.~ ~.. vt,~., ,~.mm~,,r..~. uy oon'~r, mts ~ l~t an(l toe OOtlqttous that it secoru m.a. remum m enect as irt.emler had not required nnmediate payment m full However, Lender ts ~ ~-~=d to ~:- ycer~ tmmedmtely preceding the commencement of a ctmult futenlosure proceedmg, (l~ reinstatement will preclude foreclosure off different srounde in rite future, oF (j.) remstatement wall adverlely affect ;he pnonty oFthe lien eren~l by this Secure/lastmment. IL Borrower Not Released; Forbearance By Lender Not a Waiver. ExtensJo~t of ;he time of' payment or ..b.? ;hLs ~.Secunty I .?meat pared by Lender to an), successor in ,nterut ,.,y~-,; imouny orme ort~nai fBoFrow~ or Borrowe~s successor m mterest Lender si?Il ri.ut be .re~u_i~d to .co~..men~e..procendmgs against an.y successor in ina=est or refi~e to extend time for payment or omerwtse momty amomzatiou ut me sums secured by ;has Securi~ Instrument by rensen of any demand made by ;he ongmal Borrower oF Borrower's successors in m~erut. Any forbenrance by i~nder m enercising any right or remedy shall not be a waiver of OF preclude the exerc,se of uny right or remedy seelS.. $..ce----enrs u.nd., .Ani~, .B?nd~J?int and Several.Liability; CoS,snuff. The covenants and qrenment~ of;his uflty instrument sMit Mno arm ~enent t~e sm:~-ssots aha umigns of Uender and Borrower, subject to the provtsinns of - ---~' ~=; - ~ .-6--,o -,= ;~ecumy insmnnent only to mofl~ge, grant eno convey that Borrowm's rate.st m ;he Propert~ under ;he ternu of ;ha Security lnstrdment, (b) is not pe~onaily obligated to pay ;he sums secured by this Securby Insmmlenr, and (¢) a~ree~ ;hat the Lender and any other Borrower may agsen to extend, forbear or make any accommodations wflh regaf~ to ;he terms of ;his Security Instn.~ment or the Note w~;hout ;hat 13. Notices. Any notice to SO,TOWer i~ovJded for in this Security Instrument shall be given by delivermg it or by mailmg tt by fimt class mail unless applicable law requres use of anmher method. The notice shall be ;hrec~l to the Property Address or eny other eddras~ Bon~wer desigmtes by notsce to Lender Any notice to Lender shall be given by first class mad to Lender's address ste~l he.in oF any eddrcse Lender designates by nM to Borrower. Any n~ice provided foF m ;his Secure/Instrument shall be dee~ned to imve been given to Bonower or Lander when gwen as provided in ;his para.apb. jurmoicuou m Wltlen me ~oparty ~ ~ to me event tlmt any provision or clause of;his Senunty Instrument or the Note conflicts wnh applicable law, such conflict shall not LfT~t other provisions of ;his SeourJty Instntment oF the Note which can be given elTeot without the conflicting provmon To this end ;he provisions of;has Security Ir-,~tunent and ;he Not~ are declared to be severable. IS. Borrower's Copy. Soft. wet shall be gwen one conformed copy of;he Note and of ohm Security Instalment. 16. Hazardous Substances. Botrower shall not cause or pennia ;he presence, use, dislxtsai, storage, or release of any Hazardous Substances on oF in the Propar~ Borrower shah not do, nor allow anyo,Ae else to do, anything affectmg the .Prope~ ~ ts 'om viohfiou_o~'? Env _ ~.n?~nen~ Law The Ix'cendin~ two sentences shall not apply to nOflnSl reSIQ~tIMU ~ an(] to msmten~nen orme FFOper~. '' -- to Borrower shall promptly give Lender wnRen not,ce of any investJptinn, chum, demand, lawsuit oF o~er action by any governmental or regulaMry qency oF private perry revolving the PFoparty and any Hazardous Substance or Environmental ~ =,y ~-muvm or o~r rementauou orany t~tnrdmts :~stences affecting me Propat~ Is necesser% BoFrower shall promptly tek~ all neens~'y remedial actions m accoFdenco with EnviFonmente] Law. As nsed in ;has Parngrnph 16, "Hazardous Sub~ances" ere those substances defined as toxic oF imzardons substances by -~, -~, [mn ~ammmmg nsoestns oF lorma~e~ty~e, an~ ranlouCtWe mstenals As mat reMte to health, surety' or envtronmenml ptotectlon. -//' /_/ n0~!526.~1104 NON l~ ~..d_ COyENANTs ~ [~ ~ . ~'~t for · ~d~i~ al/o;~ y' ~m~, ..... ) ! '-~'Y ~1 ~* ~ ~ ~m~ n~ t~ ~ml p~_ ~ym~t h fun ' - -' "" -~ ~~l~- -'~ ...... -- -'- olp~ 24. RJderu to this SecurJt~ lnst~umenL If one or more nda3 t~ executed by l~fl~weF and Fecorded together with this Secu~ty lnslrumant, the covenants of each such nder shull he mcorporuted into arid shall amend and supplement the covenants and agreements of this Security Instrument as If the ride~s) were a pail of this Security lnsu'ument [Check npphcable box(es)] [] Condominium Rider [] Graduated Paymant Rider [] Growing Equity Rider I--I Planned Umt Development Rider [] Otis(s) (specify] BY SIGNING BELOW, Borrower accepts and agrees to the te~ns contained in this Secority instnm~ent and in any rider(s) executed by Borrower and recorded wtth it. (Sad) (Se~) STATE OF' PENNS¥I.,VANIA , y0?](x COUNTY SS: / On thL% the 08TH day of MAR~-I, 1~ , befo~ mc, the undeuigned otT~cor, pc~annalJy ap~ar~ LARRY L. W~IKKL AND SANDRA 1,. WEIKEL known to me (or satisfactorily pl~ven) to he the pcuonS whose name S ARK subscribed to the wi~tn instrument and acknowledged that THEY execuMd the some for the purpoJas het~in contained IN ~ WHEREOF. i ~ __-~'_ --._'_-: ::.' =~,* ~_=-_.~ ~.-..: ;.:~..**'-'- ' ~ - ....," ~.'~, I ~'~Z-~":-5~-~'"?'~...".~. ~ I w~.-,,..~=...~ ~..~. I - ,/// ..,,U' . /,. YOiJIC~?ENNSV/LYANIA 17401 AgentofLand~r / ) / / ow,. 02/o7 ..... Pq~6~6 ( s0ozl$28 r~Gt:lJ.0$ First/lmerican Title Insurance Company SCHEDULE C Commitment No.: ]~b-~ #11182 County of CumberlandJ uo Rec(~ded i~ the olttce for the recol~t .rig M ~eeds CHERYL GRAY , Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are tree and correct to his information and belief. "~'l'lE~t~[. 01~¥ (~ssistant Secretary .0. SHERIFF'S RETURN - REGULAR CASE NO: 2003-01231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE CO-WEST ET AL VS WEIKEL LARRY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn acCording to law, says, the within COMPLAINT - MORT FORE was served upon the WEIKEL SANDRA L DEFENDANT , at 1620:00 HOURS, on the 10th day of April , 2003 at 7 SGRIGNOLI LANE ENOLA, PA 17025 by handing to SANDP~AWEIKEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 10 WAYNE CIRCLE CAMP HILL IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2~/~ day of Prothonbtary ' So Answers: R. Thomas Kline 04/ii/2003 GRENEN & BIRSIC By: ~/~~' ~ ~ D~puty Sher~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01231 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE CO-WEST ET AL VS WEIKEL LARRY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the WEIKEL LARRY L DEFENDANT , at 1620:00 HOURS, on the 10th day of April , 2003 at 7 SGRIGNOLI LANE ENOLA, PA 17025 by handing to SANDRA WEIKEL, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. 10 WAYNE CIRCLE CAMP HILL IS VACANT. Sheriff's Costs: Docketing 18.00 Service 20.70 Affidavit .00 Surcharge 10.00 .00 48.70 Sworn and Subscribed to before me this ~ day of ~ ~.~0 ~ ~03 ~ A.D. ff ; ProtY6not ary So Answers: R. Thomas Kline o4/ 1/2oo3 GRENEN & BIRSIC By: //~Z~- ~ DepUty Sheriff IN THE COURT OF coMMON pLEAS OF cuMBERLAND COUNTY, pENNSYLYANIA CIVIL DIVISION cHASE MORTGAGE coMP AN'Y- wEST, f/k/a MELLON MORTGAGE COMPANy, NO.: 03-1231 Civil Plaintiff, IssUE NUMBER: VS. LARRY L. WEIKEL and sANDRA L. WEuCEL Defendants. TYPE OF PLEADING: pRAECIPE FOR DEFAULT ~uDGMENT (Mortgage Foreclosure) I hereby certifY that the address of Plaintiff is: 3415 Vision Drive Columbus, OH43219 the last known address of Defendant is: 7 Sgfinoli Ave. Enola, PA 171025 FILED ON BEHALF OF PLAINTIFF: Chase Mortgage Company-West' et. al. COUNSEL OF RECORD FOR THIS pARTY: Kristine M. Anthou, Esquire Pa. I.D.#T7991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA (412) 251-7650 GRENEN & BIRSIC, V.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, CWIL DIVISION NO.: 03-1231 Civil VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. PRAECI~E FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Larry L. Weikel and Sandra L. Weikel, in the amount of $75,573.87, which is itemized as follows: Principal Interest to 5/13/03 Late Charges to 5/13/03 Escrow Deficiency to 5/13/03 Corporate Advances Attorneys' fees Title Search, Foreclosure and Execution Costs TOTAL $ 66,294.29 $ 3,633.02 $ 206.86 $ 805.09 $ 884.61 $ 1,250.00 $ 2,500.00 $ 75,573.87 with interest on the principal sum at the rate of $12.71 per diem from May 13, 2003, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: Kristine~¥l. Antho~, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS: ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Swom to and subscribed before me this [/-Ildd'~day of (T)c} ,~, ,2003. Notar~ Public Notarial Seal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association ot Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. CIVIL DIVISION NO.: 03-1231 Civil TO: NOTICE OF ORDER, DECREE OR JUDGMENT Larry L. Weikel 7 Sgimoli Ave. Enola, PA 17025 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 2003 ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $75,573.87 with interest on the principal sum at the rate of $12.71 per diem from May 13, 2003, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, CIVIL DIVISION NO.: 03-1231 Civil VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. TO: Larry L. Weikel 7 Sgrimoli Avenue Enola, PA 17025 DATE OF NOTICE: May 1, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 By: FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, CIVIL DIVISION NO.: 03-1231 Civil VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. TO: Sandra L. Weikel 7 Sgrimoli Avenue Enola, PA 17025 DATE OF NOTICE: May 1, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FA/LED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 By: FIRST CLASS MAIL, POSTAGE PREPAID GRE, NEN & BI~.q;P5. Attor~s for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, f/k/a MELLON MORTGAGE COMPANY, VS. Plaintiff, LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. CWIL DIVISION NO.: 03-1231 Civil TO: NOTICE OF ORDER, DECREE OR JUDGMENT Sandra L. Weikel 7 Sgimoli Ave. Enola, PA 17025 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $75,573.87 with interest on the principal sum at the rate of $12.71 per diem from May 13, 2003, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Chase Mortgage Company - West, f/k/a Mellon Mortgage Company VS. Larry L. Weikel and Sandra L. Weikel ( ) Confessed Judgment (Xx) Other Default Judgment File No. 03-1231 Civil Amount Due $75,573.87 Interest $ 1,555.59 (from 5/13/03 to Sale) : Atty's Corem : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original prpceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. · issue writ of execution in the above, j'natter to the Sheriff c~f CUMBERLAND for debt, interest and costs, upon th6?ottowin~ describedrProPerty of the de~endant(s) .. 10 Wayne Circle, Camp Hili, p~ 1'7011' (Lower A~len Twp.). Tax Map #13-24-0797; Par.cel ~/144 (please see attached legal de$cri, ption) PRAJECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the She¥iff 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) County, and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: Kristine M. Anthou 1 Gateway Center, 9 West Pittsbursh, PA 15222 Plaintiff (412) 281-7650 77991 (over) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN/A CHASE MORTGAGE COMPANY-WEST, CWIL DIVISION f/k/a MELLON MORTGAGE COMPANY, NO.: 03-1231 Civil Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. .LONG FORM DESCRIPTION ALL that certain piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southeasterly side of Wayne Circle (formerly Avenue M) (50 feet wide) at the distance of 30 feet measured North 63 degrees 33 minutes 30 seconds East from the intersection of the said side of Wayne Circle with the Northeasterly side of Wayne Road (formerly Avenue L) (50 feet wide) (both lines produced); thence along the said side of Wayne Circle North 63 degrees 33 minutes 30 seconds East, 60 feet to a point; thence along Lot 143, South 26 degrees 26 minutes 30 seconds East, 70 feet to a point; thence along Lot 115, South 57 degrees 13 minutes West 90.55 feet to a point on the Northeasterly side of Wayne Road; thence along the same, North 26 degrees 26 minutes 30 seconds West, 50 feet to a point of curve; thence in a Northerly direction along a line curving to the right having a radius of 30 feet, the arc distance of 47.12 feet to the first mentioned point and place of beginning. BEING Lot 113, Tract 1, on Plan of Lots laid out for Allen Park Development Corporation, called "Cumberland Park," as recorded in Plan Book 4, Page 86, Cumberland County Records. HAVING thereon erected a one-story frame dwelling house known as No. 10 Wayne Circle, Camp Hill, Pennsylvania. BEING the same premises which Kelley L. Burrous, n/k/a Kelley L. Dreese and Kevin Dreese, by Deed dated August 31, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on September 2, 1998, at Deed Book Volume 184, Page 858, granted and conveyed unto Larry L. Weikel and Sandra L. Weikel. Tax Map No. 13-24-0797 Parcel No. 144 GRENEN & BIRSIC, P.C. Kris~tine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.: 03-1231 Civil Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Mortgage Company - West, f]k/a Mellon Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Larry L. Weikel and Sandra L. Weikel located at 10 Wayne Circle, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF LARRY L. WEIKEL AND SANDRA L. WEIKEL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER ALLEN TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WAYNE CIRCLE, CAMP HILL, PA 17011. DBV 184, PAGE 858, TAX MAP # 13 -24-0797 AND PARCEL # 144. 1. The name and address of the owners or reputed owners: Larry L. Weikel Sandra L. Weikel 7 Sgfignoli Lane Enola, PA 17025 2. The name and address of the defendants in the judgment: Larry L. Weikel Sandra L. Weikel 7 Sgrignoli Lane 3. The name and last known Enola, PA 17025 on the real property to be sold: address of every judgment Creditor whose judgment is a record Chase Mortgage Company. f/k/a Mellon Mortgage CompW~st, tPLAINTIFF] 4. The name and address of the last record holder of every mortgage Chase Mortgage Company _ of record: f/k/a Mellon Mortgage CompW~st' [PLAINTI~F~ Community Bank of Northeru Virginia Chase Mar~attan Bank, Trustee c/o Residential Funding Corp. 5. The name and address of every other person who has Cumberland Count, Domestic Relations PA Dept. Of Revenue Bureau °f lndividual Taxes Commonwealth of Pennsylvania Department of We/fare 6. The name and address of every other person Whose interest may be affected by the sale: NONE 11417 Sunset Hills Road Suite 228 Reston, VA 20~90 1301 Office Center Dr/ve #200 Fort Washington, PA 18034 any record lien on the property: P.O. Box 320 Carlisle, PA 17013 /nher/tance Tax Division Dept. 28O6O1 Harrisburg, PA 17128-0601 P.O. Box 2675 Harrisburg, PA 17105 who has any record interest in the property and 7. The name and address of every other person whom the plaintiff has interest in the property which may be affected by the sale: NONE knOW/edge who has any lien I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. GRENEN & BIRSIC, P.C. K_ris~te M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this day of J(~ (~)L~_ ,2003. ,' /5 . Notary Public COMMONWEALTH OF PENNSYLVANIA Rebecca ~G. Bla~na, Notary Public Memb~, pe~ Associate, Of Nola~s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, fff,/a MELLON MORTGAGE COMPANY, Plaintiff, CIVIL DIVISION NO.: 03-1231 Civil VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. § 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1701-1715z-18) [35 P.S. § 1680.401C(a)(3)]. Additionally, Plaintiff was not required to send Defendants written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101 and Defendants are not "residential mortgage debtors" as defined in 41 P.S. §101. SWORN TO AND SUBSCRIBED BEFORE ' / ME THIS -~Y~qDAY OF ~zJ{-( LC_ Notary Public O' c ,2003. COMMONWEALTH OF PENNSYLVANIA Nc~d~J ~ j ~ ~Y~ I , ~~Ju~2,~ I ~, P~ A~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.: 03-1231 Civil Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF pENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kfistine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 10 Wayne Circle, Camp Hill, Pennsylvania 17011 are Defendants, Larry L. Weikel and Sandra L. Weikel, who reside at 7 Sgrignoli Lane, Enola, Pennsylvania 17025, to the best of her information, knowledge and beliefi SWORN TO AND SUBSCRIBED BEFORE METHIS ~~'Ci DAYOF dt-i~&'C'' Notary Public COMMONWEALTH OF PENNSYLVANIA No~adal Seal Robocca G. Bla~na, Notary Public c.~ of mtsa.,~h, ~y Coa~ My ~ Ex~ Ju~e 2, 2fl07 ,2003. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/Fda MELLON MORTGAGE COMPANY, NO.: 03-1231 Civil Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Sandra L. Weikel 7 Sgrignoli Lane Enola, PA 17025 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 at the Cumberland County Courthouse Commissioners Heating Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on Wednesday, September 3, 2003 at 10:00 A.M., the following described real estate, of which Larry L. Weikel and Sandra L. Weikel are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF LARRY L. WEIKEL AND SANDRA L. WEIKEL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER ALLEN TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WAYNE CIRCLE, CAMP II'ILL, PA 17011. DBV 184, PAGE 858, TAX MAP #13-24-0797 AND PARCEL #144. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, Plaintiff, VS. Larry L. Weikel and Sandra L. Weikel, Defendants, at Execution Number 03-1231 in the mount of $77,129.46. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your properly to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those fights, prompt action on your part is necessary. You may have the fight to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to slrike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF, GRENEN & BIRSIC, P.C. By: Kristine M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, CIVIL DIVISION NO.: 03-1231 Civil Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. LONG FORM DESCRIPTION ALL that certain piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southeasterly side of Wayne Circle (formerly Avenue M) (50 feet wide) at the distance of 30 feet measured North 63 degrees 33 minutes 30 Seconds East from the intersection of the said side of Wayne Circle with the Northeasterly side of Wayne Road (formerly Avenue L) (50 feet wide) (both lines produced); thence along the said side of Wayne Circle North 63 degrees 33 minutes 30 seconds East, 60 feet to a point; thence along Lot 143, South 26 degrees 26 minutes 30 seconds East, 70 feet to a point; thence along Lot 115, South 57 degrees 13 minutes West 90.55 feet to a point on the Northeasterly side of Wayne Road; thence along the same, North 26 degrees 26 minutes 30 seconds West, 50 feet to a point of curve; thence in a Northerly direction along a line curving to the fight having a radius of 30 feet, the arc distance of 47.12 feet to the first mentioned point and place of beginning. BEING Lot 113, Tract 1, on Plan of Lots laid out for Allen Park Development Corporation, called "Cumberland Park," as recorded in Plan Book 4, Page 86, Cumberland County Records. HAVING thereon erected a one-story frame dwelling house known as No. 10 Wayne Circle, Camp Hill, Pennsylvania. BEING the same premises which Kelley L. Burrous, n/Fda Kelley L. Dreese and Kevin Dreese, by Deed dated August 31, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on September 2, 1998, at Deed Book Volume 184, Page 858, granted and conveyed unto Larry L. Weikel and Sandra L. Weikel. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West pittsburgh, PA 15222 (412) 281-7650 Tax Map No. 13-24-0797 Parcel No. 144 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, ffk/a MELLON MORTGAGE COMPANY, NO.: 03-1231 Civil Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Larry L. Weikel 7 Sgrignoli Lane Enola, PA 17025 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 at the Cumberland County Courthouse Commissioners Hearing Room, 2~d Floor 1 Courthouse Square Carlisle, PA 17013 on Wednesday, September 3, 2003 at 10:00 A.M., the following described real estate, of which Larry L. Weikel and Sandra L. Weikel are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF LARRY L. WEIKEL AND SANDRA L. WEIKEL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER ALLEN TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WAYNE CIRCLE, CAMP HILL, PA 17011. DBV 184, PAGE 858, TAX MAP #13-24-0797 AND PARCEL #144. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, Plaintiff, VS. Larry L. Weikel and Sandra L. Weikel, Defendants, at Execution Number 03-1231 in the mount of $77,129.46. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. 1~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the fight to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. By: GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, CIVIL DIVISION f,'k/a MELLON MORTGAGE COMPANY, NO.: 03-1231 Civil Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. LONG FORM DESCRIPTION ALL that certain piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southeasterly side of Wayne Circle (formerly Avenue M) (50 feet wide) at the distance of 30 feet measured North 63 degrees 33 minutes 30 seconds East from the intersection of the said side of Wayne Circle with the Northeasterly side of Wayne Road (formerly Avenue L) (50 feet · · thence along the said side of Wayne Circle North 63 degrees 33 minutes 30 wide) (both hnes produced), . ...... ~,,,,1, 9~i decrcees 26 minutes 30 seconds East, 70 feet seconds East, 60 feet to a point; thence mong Lo~ t,*~, o ........ ,-- to a point; thence along Lot 115, South 57 degrees 13 minutes West 90.55 feet to a point un the Northeasterly side of Wayne Road; thence along the same, North 26 degrees 26 minutes 30 seconds West, 50 feet to a point of curve; thence in a Northerly direction along a line curving to the right having a radius of 30 feet, the arc distance of 47.12 feet to the first mentioned point and place of beginning. BEING Lot 113, Tract 1, on Plan of Lots laid out for Allen Park Development Corporation, called "Cumberland Park," as recorded in Plan Book 4, Page 86, Cumberland County Records. HAVING thereon erected a one-story frame dwelling house known as No. 10 Wayne Circle, Camp Hill, Pennsylvania. BEING the same premises which Kelley L. Burrous, rdk/a Kelley L. Dreese and Kevin Dreese, by Deed dated AugUst 31, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on September 2, 1998, at Deed Book Volume 184, Page 858, granted and conveyed unto Larry L. Weikel and Sandra L. Weikel. GRENEN & BIRSIC, P.C. By:,_~z~. c; d( ,c '~-~_'~q'(/ ff f(~.,C d,,~c_- Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West pittsburgh, PA 15222 (412) 281-7650 Tax Map No. 13-24-0797 Parcel No. 144 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF pENNSYLVANIA) NO 03-1231 Civil CIVIL ACTION - LAW coUNTY OF cUMBERLAND) TO THE SHERIFF OF cUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MORTGAGE COMPANY - WEST, F/K/A MELLON MORTGAGE COMPANY, Plaintiff (s) From LARRY L. WEIKEL AND SANDRA L. WEIKEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION · (2) You are aIs° directed t° attach the pr°petty °f the defendant(s) n°t levied up°n in the p°ssessi°n 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 or otherwise disposing thereof; subject to attachment is found in the possession ~s.a~ If property of the defendant(s) not levied upon an 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 $75,573.87 Interest $1,555.59 ( FROM 5/13/03 TO SALE) Atty's Comm % Arty Paid $146.70 Plaintiff Paid Date: JUNE 10, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: 1 GATEWAY CENTER, 9 WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, f/k/a MELLON MORTGAGE COMPANY, Plaimiff, CIVIL DIVISION ISSUE NUMBER: VS. NO.: 03-1231 LARRY L. WEIKEL and SANDRA L. WEIKEL, Defendants. TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON BEHALF OF PLAINTIFF: Chase Mortgage Company-West, f/k/a Mellon Mortgage Company COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 9/3/03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, f/k/a MELLON MORTGAGE COMPANY, VS. Plaintiff, LARRY L. WEIKEL and SANDRA L. WEIKEL, CIVIL DIVISION NO.: 03-1231 Defendants. Pa. R.C.P. RULE 3129.2(c)(2) 1 JENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, Chase Mortgage Company, f/k/a Mellon Mortgage Company, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of PlaintifPs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated June 9, 2003, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before Notary Public ,2003. Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.: 03-1231 Civil Plaintiff, VS. LARRY L. WEIKEL and SANDRA L. WEIKEL, De~ndants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Larry L. Weikel and Sandra L. Weikel located at 10 Wayne Circle, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF LARRY L. WEIKEL AND SANDRA L. WEIKEL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER ALLEN TWP., CUMBERLAND COUNTY, pENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WAYNE CIRCLE, CAMP HILL, PA 17011. DBV 184, PAGE 858, TAX MAP #13-24-0797 AND PARCEL #144. 1. The name and address of the owners or reputed owners: Larry L. Weikel Sandra L. Weikel 7 Sgrignoli Lane Enola, PA 17025 2. The name and address of the defendants in the judgment: Larry L. Weikel Sandra L. Weikel 7 Sgrignoli Lane Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Mortgage Company - West, f/k/a Mellon Mortgage Company [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Mortgage Company - West, f/k/a Mellon Mortgage Company [PLAINTIFF] Community Bank of Northern Virginia 11417 Sunset Hills Road Suite 228 Reston, VA 20190 Chase Manhattan Bank, Trustee c/o Residential Funding Corp. 1301 Office Center Drive #200 Fort Washington, PA 18034 5. The name and address of every other person who has any record lien on the property: ' Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 28O601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are trae and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. By: '~ , Kris~e M. Antho, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~rt~ . day of Not~ Public .,2003. cOMMONWEALTH OF PENNSYLVANI~ ~y Comm~ ~ au~ 2, 20°7 . U S. POSTAL SERVICE CERTIFICATE OF MAILING GRENEN & BIRSIC PS Form 3817, ,~__..~..:.['~ US. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC At,ID INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POS7 MASTER GRENEN & BIRSlC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SFJV-2002-1 LLC is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1231, at the suit of Chase Man Mte Co-West fka Mellon Mte Co against Larry L Weikel & Snadra L is duly recorded in Sheriff's Deed Book No. 259, Page 2132. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c--~) ~ day of ~0~.t/A_ , A.D. 2003 ~;9)~~~~rder of D~ed~ Chase Manhattan Mortgage Company- West, f/k/a Mellon Mortgage Company VS Larry L. Weikel and Sandra L. Weikel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1231 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2003 at 12:53 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Larry L. Weikel, by making known unto Larry L. Weikel, personally, at 7 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2003 at 12:53 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sandra L. Weikel, by making known unto Larry L. Weikel, adult in charge, at 7 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2003 at 12:14 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Larry L. Weikel and Sandra L. Weikel located at 10 Wayne Circle, Camp Hill, 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 Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Larry L. Weikel, by regular mail to his last known address of 7 Sgrignoli Lane, Enola, PA 17025. This letter was mailed under the date of July 7, 2003 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 Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Sandra L. Weikel, by regular mail to her last known address of 7 Sgrignoli Lane, Enola, PA 17025. This letter was mailed under the date of July 7, 2003 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 September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kristine Anthou for SFJV-2002-1, LLC. It being the highest bid and best price received for the same, SFJV-2002-1, LLC of 7495 New Horizon Way, Frederick, PA 21703, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $909.48. Sheriffs Costs: Docketing $30.00 Poundage 17.83 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 15.00 Surcharge 30.00 Law Journal 330.50 Patriot News 300.55 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 909.48 Sworn and subscribed to before me So Answer~; This /x./- dayof ,/ R. Thomas Kline, Sheriff 2003, ^.D.q ' Prothonotary Real Estate l)eputy Real Estate Sale # 49 On June 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 10 Wayne Circle, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 12, 2003 By:&~L/~ Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Asst. 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 cimulation, 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 Mamh 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said prJnted notice or advertising, and that al~ of the allegations of this statement as to the time, p~ace 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", PURLICATION ............. ~ ........................ COPY Swor bed 003 A.D. Teny L. Russell, NO~ pul31ic OtyOfHamsbu~g, Dauphin _O?z~Y~ /NO'f"ARY PUBLIC My Co~gnissio~ Explres June {), zuc~ ] i,/,em~r,F, ennsytvaniaAs..~x:ia~3nOfNo~tes My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 298.80 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. 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: JULY 18, 25, 2003 AUGUST 1, 2003 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. REAL ESTATE 8ALE NO, 49 Writ No, 2003-1231 Civil Chase Manhattan Mortgage Company-West f/k/a Melton Mortgage Company vs. Larry L, Weikel and Sandra L. Weikel Atty.: Krlstine Anthou LONG FORM DESCRIPTION ALL that certain piece or parcel of land situate in Lower Allen Town- ship, Cumberland County. Pennsyl- vania, more particularly bounded arid described as follows, to wit: BEGINNING at a point on the Southeasterly side of Wayne Circle (formerly Avenue M) (50 feet wide) at the distance of 30 feet measured North 63 degrees 33 minutes 30 seconds East I¥om the intersection of the said side of Wayne Circle with the Northeasterly side of Wayne Road (formerly Avenue L) (50 feet wide} {both lines produced); thence along the said side of Wayne Circle North 63 degrees 33 minutes 30 seconds East. 60 feet to a point: thence along Lot 143. South 26 de grees 26 minutes 30 seconds East, 70 feet to a point; thence along Lot 115. South 57 degrees 13 minutes West 90.~5 feet to a point on the Northeasterly side of Wayne Road: thence along the same. North 26 degrees 26 minutes 30 seconds West. 50 feet to a point of curve: thence in a Northerly direction along a line curving to the right having a radius of 30 feet, the arc distance of 47. 12 feet to the first mentioned point and place of beginning. BEING Lot 113. Tract 1. on plan of Lots laid out for Allen Park De velopment Corporation, called ~Cum 1 day of AUGUST, 2003 Atty.: Krlstine Anthou LONG FORM DESCRIpTION ALL that certain piece or parcel of land situate in Lower Allen Town ship, Cmnberland County, Pennsyl vania, more particularly bounded aral described as follows, to wit: BEGINNING at a point on the Southeasterly side of Wayne Circle (formerly Avenue M) {50 feet widel at the distance of 30 feet measured North 63 degrees 33 minutes 30 seconds East from the intersection of the said side of Wayne Circle with the Northeasterly side of Wayne Road {formerly Avenue LI (50 feet wide) {both lines producedl; thence along the said side of Wayae Circle North 63 degrees 33 minutes 30 seconds East, 60 feet to a point; thence along Lot 143. South 26 de- grees 26 n~lnutes 30 seconds East, 70 feet to a poktt; thence along Lot 115, South 57 degrees 13 minutes West 90.55 feet to a point on the Northeasterly side of Wayne Road; thence along the same, North 26 degrees 26 minutes 30 seconds West, 50 feet to a point of curve; thence in a Northerly direction along a line ctlrving to the right having a radius of 30 feet, the arc distance of 47.12 feet to the first mentioned point and place of beginning. BEING Lot 113. Tract 1, on Plan of Lots laid out for Alien Park De- velopment Corporation, called ~Cttm- berland Park." as recorded in Plan Book 4, Page 86, Cumberlmld Coun ty Records. HAVING thereon erected a one- story frame dwelling house known as No. 10 Wayne Circle, Camp Hill, Pennsylvania. BEING the same premises which Kelley L. Burrous, n/k/a Kelley L. Dreese and tievin Dreese, by Deed dated August 31, 1998 and record* ed in the Office of the Recorder of Deeds of Cumberland County on September ~, 1998, at Deed Book Volmne 184, Page 858, granted and