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Home My WebLink About01-6200 McCABE, WEISBERG AND CONWAY, P.C. · BY= TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff PNC Bank, N.A. 2730 Liberty Avenue Pittsburgh, PA 15222 Vo H. Nancy Delancey, Mortgagor and also in her capacity as Co- Administratrix of the Estate of James Allen Delancey II a/k/a J. Allen Delancey II, Deceased Mortgagor and Real Owner and Barbara R. Delancey, Co- Administratrix of the Estate of James Allen Delancey II a/k/a J. Allen Delancey II, Deceased Mortgagor and Real Owner and William A. Delancey, Co- Administrator of the Estate of James Allen Delancey II a/k/a J. Allen Delancey, II, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAgE FORECLOS%_~m NOTICE 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 oE~ections 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 ftu~er notice for any money claimed in the complaint or for any other dalm 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la come. Si tasted quiere d. efenderse de estas demandas ex-puestas en las paginas slgulantes, usted tiene veinte (20) dias de plazo al parfir de la fecha de la demanda y la nol~flcadon. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sos defensas o sus objedones a las demandas an contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede deddir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede ?rder dinero o sus propiedades u otros derechos unportantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG A~D CONWAY, P.C. · BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff PNC Bank, N.A. 2730 Liberty Avenue Pittsburgh, PA 15222 H. Nancy Delancey, Mortgagor and also in her capacity as Co- Administratrix of the Estate of James Allen Delancey II a/k/a J. Allen Delancey II, Deceased Mortgagor and Real Owner 1350 Centerville Road Newville, PA 17241 and Barbara R. Delancey, Co- Administratrix of the Estate of James Allen Delancey II a/k/a J. Allen Delancey II, Deceased Mortgagor and Real Owner 1350 Centerville Road New¥ille, PA 17241 and William A. Delancey, Co- Administrator of the Estate of James Allen Delancey II a/k/a J. Allen Delancey, II, Deceased Mortgagor and Real Owner 1475 W. Amity Meridian, ID 84307 Cumberland County Court of Common Pleas Number 01- ~:~.~ CIVIL ACTION/MORTGAGE FORECLOSU~ 1. Plaintiff is PNC Bank, N.A., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is H. Nancy Delancey, Mortgagor and also in her capacity as Co-Administratrix of the Estate of James Allen Delancey II a/k/a J. Allen Delancey II, Deceased Mortgagor and Real Owner of the mortgaged property hereinafter described, and her last-known address is 1350 Centerville Road, Newville, PA 17241. 3. The Defendant is Barbara R. Delancey, Co-Administratrix of the Estate of James Allen Delancey II a/k/a J. Allen Delancey II, Deceased Mortgagor and Real Owner of the mortgaged property hereinafter described, and her last-known address is 1350 Centerville Road, New-ville, PA 17241. 4. The Defendant is William A. Delancey, Co-Administrator of the Estate of James Allen Delancey II a/k/a J. Allen Delancey II, Deceased Mortgagor and Real Owner and his last-known address is 1475 W. Amity, Meridian, ID 84307. 5. On June 2, 1998, James A. Delancey II and H. Nancy Delancey made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1460, Page 822. 6. James Allen Delancey II a/k/a J. Allen Delancey II is deceased, having departed this life on September 16, 1998. 7. On December 8, 1998, the Register of Wills of Cumberland County, PA granted Letters of Administration to H. Nancy Delancey, Barbara R. Delancey and William A. Delancey. A true and correct copy of The Short Certificate is attached hereto as Exhibit 8. The premises subject to said mortgage is described in the mortgage attached as Exhibit "B" and is known as 1350 Centerville Road, Newville, PA 17241. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due June, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 10. The following amounts are due on the mortgage: Principal Balance Interest 6/00 through 8/8/01 (Plus $.6539 per diem thereafter) Attorney's Fee Late Charges Cost of Suit Appraisal Fee Title Search GRAND TOTAL $2,904.50 $ 220.68 $1,500.00 $ 129.99 $ 225.00 $ 125.00 $ 200.00 $5,305.17 11. 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 based on work actually performed. 12. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. 13. Plaintiff releases H. Nancy Delancey, Barbara R. Delancey and William A. Delancey in their capacity as representatives of the Estate of James Allen Delancey II only from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $5,305.17, together with interest at the rate of $.6539 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION I, Jacob Talton, being of an officer of Plainfiffdo hereby verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsifications to authorities. Dated: October 16, 2001 ,s~stant Vice President STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND II SHORT CERTIFICATE estate of DELANCEY JAMES ALLEN II l i~'i', ~'i~'i', MARY C. LEWIS Register for the Probate of Wills and Granting Letters of Administration &c. in and for said County of CUMBERLAND do hereby certify that on the 8th day of December A.D., One Thousand Nine Hundred and Ninety-Eight, Letters of ADMINISTRATION in common form were granted by the Register of said County, on the , late of PENN TOWNSHIP in said county, deceased, BARBARA R DELDANCEY (~'1', ~'1~'1', to H NANCY DELANCEY (LAs'±', ~'±~'~', WILLIAM A DELANCEY (LAST, ~'±~'~', and and that same has not since been revoked. IN TESTIMONY WHEREOF, of said office at CARLISLE, A.D., Two Thousand and One. File No. PA File No. Date of Death s.s. # 1998-00975 21-98-0975 9/16/1998 177-24-6248 I have hereunto set my hand and affixed the seal PENNSYLVANIA, this 27th day of August Register EXHIBIT "A" NOT VALID WITHOUT ORIGINAL SIGNATURE A_ND IMPRESSED SEAL EXtilbii~ "B" SHERIFF'S RETURN - REGULAR CASE NO: 2001-06200 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS DELANCEY H NANCY ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DELANCEY BARBARA R the DEFENDANT at 1350 CENTERVILLE ROAD , at 1946:00 HOURS, on the 1st day of November , 2001 NEWVILLE, PA 17241 BARBARA R DELANCEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~- day of ~,~x~ ~/ A.D. /' / Prothonotary So Answers: R. Thomas Kline 11/02/2001 MCCABE WEISBERG CONWAY Deputy Sheriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-06200 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK N A VS DELANCEY H NANCY ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT DELANCEY H NANCY MORTGAGOR AND ADMIN ESTATE OF JAMES DELANCEY but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT ADMIN ESTATE OF JAMES DELAi~CEY, LIVES AT 513 BALTIMORE STREET HANOVER PA , NOT FOUND , as to DELANCEY H NANCY MORTGAGOR AND Sheriff s Costs: Docketing Service Not Found Surcharge 18.00 6.50 5.00 10.00 .00 39.50 So answe .... ..t R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 11/02/2001 Sworn and subscribed to before me this g~ day of~--~-~ ~2~0! A.D. otar~