HomeMy WebLinkAbout00-05831
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY,
Plaintiff,
vs.
DENNIS G. KENNEY and
MICHELLE M. WALDRON,
Defendants.
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CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT 1IlE 1DCA1\ON OF
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CIVIL DIVISION
) ,
) NO.: 2a{)- ,:/-g21 (",J
)
)
) ISSUE NO.:
)
)
) TYPE OF PLEADING:
)
) CIVIL ACTION - COMPLAINT
) IN MORTGAGE FORECLOSURE
)
)
) CODE-
)
)
) FILED ON BEHALF OF PLAINTIFF:
)
) Chase Mortgage Company
)
)
) COUNSEL OF RECORD FOR THIS
) PARTY:
)
) Kristine M. Faust, Esquire
) Pa. l.D. #77991
)
) GRENEN & BIRSIC, P.C.
)
) Firm #023
) One Gateway Center, Nine West
) Pittsburgh, P A 15222
) (412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY
,
NO.:
Plaintiff,
vs.
DENNIS G. KENNEY and
MICHELLE M. WALDRON,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim ouelief 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.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY,
NO.: o-o.Si3/ ~ -r~
Plaintiff,
vs.
DENNIS G. KENNEY and
MICHELLE M. WALDRON,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
Chase Mortgage Company, by its attorneys, Grenen & Birsic, P .C., files this Complaint
in Mortgage Foreclosure as follows:
1. The Plaintiff is Chase Mortgage Company, which has its principal place of business
at 3415 Vision Drive, Columbus, Ohio 43219.
2. The Defendants are Dennis G. Kenney and Michelle M. Waldron, individuals whose
last known address is 72 Bali Hai Road, Mechanicsburg, Pennsylvania 17055.
3. On or about April 23, 1987, Defendants executed a Note in favor of Commonwealth
Mortgage Company America, L.P. ("Commonwealth"), in the original principal amount of
$74,268.00.
4. On or about April 23, 1987, as security for payment of the aforesaid Note, Defendants
made, executed and delivered to Commonwealth a Mortgage in the original principal amount of
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$74,268.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the
Recorder of Deeds of Cumberland County on April 24, 1987, in Mortgage Book Volume 861, Page
513. A true and correct copy of the description of the premises subject to said Mortgage is marked
Exhibit "A", attached hereto and made a part hereof.
5. Commonwealth 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 March 15, 1999, at Mortgage Book Volume 606, Page
842.
6. Defendants are the record and real owners ofthe 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 April 1 , 2000 payment.
8. Plaintiff was not required to send Defendants written notice pursuant to 35 P .S.
Sl680A03C (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 11 of the National Housing Act (12D.S.C.
SSI707-1715z-18) [35 P.S. SI680AOIC(a) (3)].
9. Plaintiff was not required to send Defendants written notice of Plaintiffs intention
to foreclose said Mortgage pursuant to 41 P.S. S403 (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.
S101 and Defendants are not "residential mortgage debtors" as defined in 41 P.S. S101.
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10. The amount due and owing Plaintiff by Defendants is as follows:
Principal
Interest through 8/20/00
Late Charges through 8/20/00
Escrow Due through 8/20/00
Attorneys' fees
Title Search, Foreclosure
and Execution Costs
TOTAL
$55,013.61
$ 2,320.04
$ 141.60
$ 425.63
$ 800.00
$ 1.500.00
$60,200.88
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $60,200.88, with interest thereon at the rate of $13.53 per diem from August 20, 2000, 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~
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, P A 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
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ALL n!A1 CERTAIN lot or tract of land situate in the Borough of Wormleysburg,
Cumberland County, Pennsylvania, in accordance with a survey by Gerrie J. Bet~,
Registered Surveyor, dated June 8, 1972 and being lIore particulary bounded an':!
described as follows, to wit: . .
,
BEG!NNING at a point on the easterly line of North ~d Street, said point being
250 feet from the northeastern corner of North 2nd Street and Elm Street measured
in a southeasterly direction: thence extending korth 45 degrees 13 minutes West
2S feet to a hub along the easterly line of ' North 2nd Street; thence extenaing
North 44 degrees 47 minutes cast lS~ leet through the center line of a partition
wall and beYond bet~een Lot No. 90 and Lot No. 89 to's hub on the western line
of River Alley; thence extending South 4S degrees 13 mdnutes East 2S feet along
the western line ot River Alley to a hub; thence extending South 44 degrees 47
minutos West ISO feet along the dividing line between Lots Nos. 88 and 89 on the
hereinafter mentioned Plan of Lots to a hub, the point and place of BEGINNING.
BEING Lot No. 89, Plan No.3 of J!dgewater, rllcoNtXI in the CWnberhnd Count
Recorder of Deed's Offic', in Plan' Book 1, Page n.
HAVING thereon erected _ 2 story brick dwelling and~etached frame garage known
as and numbered 421 Horth2nd Stl'ellt.
BErNG the same premises which Miriam C. Leard, widow, by her deed dated June 29th.
1972 ~nd recorded in the Cumberland County Recorder's Office in Deed Book 24 Page
978, granted and conveyed unto the Grantor herein.
COMMONWEALTH 01' PENNSVlVANIA :;::
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, and duly authorized representative of
Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities that the facts set forth in the foregoing Complaint in
Mortgage Foreclosure are true and correct to his information and belief.
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CHRISTOPHER STUMP ,
ASSI5I'ANT SECRETARi
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SHERIFF'S RETURN - REGULAR
,
CASE NO: 2000-05831 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MORTGAGE COMPANY
VS
KENNEY DENNIS G ET AL
KATHY J. CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
KENNEY DENNI S G
the
DEFENDANT
, at 0011:58 HOURS, on the 21st day of September, 2000
at 72 BALI HAl ROAD
MECHANICSBURG, PA 17055
by handing to
MICHELLE WALDRON
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So ;;;~~~
R. Thomas Kline
Sworn and Subscribed to before
!t-
me this ;LI. - day of
_ JV'~;. /".. ~ A.D.
Qr<' t2 ~.~
P othonotary .
09/22/2000
GRENEN & BIRSIC
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By:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05831 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MORTGAGE COMPANY
VS
KENNEY DENNIS G ET AL
KATHY J. CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
WALDRON MICHELLE M
the
DEFENDANT
, at 0011:58 HOURS, on the 21st day of September, 2000
at 72 BALI HAl ROAD
MECHANICSBURG, PA 17055
by handing to
MICHELLE WALDRON (WIFE)
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
:t:'~~.t
R. Thomas Kline
Sworn and Subscribed to before
09/22/2000
GRENEN & BIRSIC
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By:
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me this it/... ~ day of
4~ 02-t>t/D A.D.
Q~alhdA/~
r thonotary ..'
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IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNlY, PENNSYLVANIA
CML DMSION
CHASE MANHATIAN MORTGAGE
CORPORATION,
Defendants.
) NO.: 2000-5831
) ISSUE NO.:
)
) TYPE OF PLEADING:
)
) Praecipe to Settle and Discontinue
) without Prejudice
)
) FILED ON BEHALF OF PLAINTIFF:
) Chase Manhattan Mortgage
) Corporation
)
)
) COUNSEL OF RECORD FOR THIS
) PAR1Y:
)
) Kristine M. Faust, Esquire
) Pa.!.D. No.: 77991
)
) GRENEN & BIRSIC, P.c.
)
) One Gateway Center
) Nine West
) Pittsburgh, PA 15222
) (412) 281-7650
)
)
Plaintiff,
vs.
DENNIS G. KENNEY and
MICHELLE M. WALDRON,
~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
DENNIS KENNEY and
MICHELLE M. WALDRON,
Defendant.
CIVIL DMSION
NO.: 2000-5831
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
TO: PROTHONOTARY
SIR:
Kindly settle and discontinue without prejudice the above-captioned matter and mark the
docket accordingly.
Sworn to and subscribed before me
this /l f'.-.day of () fJOtu , 2000.
~~rf!o/Kt~
Notfrry Public
ialS
""e
PittsL
My Comrr
'1ember, ;
GRENEN & BIRSIC, P.c.
BY:
/e/[hL~~Z-
Kristine M. Faust, Esquire
Attorney for Plaintiff
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