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HomeMy WebLinkAbout08-7298A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. TO DEFENDANT CIVIL DIVISION NO.: cg - 7aa8 TYPE OF PLEADING Oiva --rzr*, CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTO EY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANT IS: 5 East Beale Avenue Enola, PA 17025 ??-t?t.- , f? CSC. G? ATTO EY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 5 E. Beale Avenue Pennsboro Twp. (CITY, BORO, TOWNSHIP,WARD) Chase Home Finance LLC, s/b/m/t 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 Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ATTO EY FOR PLAINTIFF 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. NO.. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages,.you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ********************* Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION, Plaintiff, NO.: 0c- 7.Z. 9S Ctc ;4 -7a vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: The Plaintiff is Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, John T. Killeen and Heather M. Killeen, are an individuals whose last known address is 5 East Beale Avenue, Enola, Pennsylvania 17025. 3. On or about October 12, 2000, Defendants executed a Note in favor of Plaintiff in the original principal amount of $75,480.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about October 12, 2000, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $75,480.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 13, 2000 in Mortgage Book Volume 1645 Page 46. 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. 011GINAL VA FIXED RATE NOTE 17901588 NOTICE: THIS LO 1179015888 AN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT AFFAIRS OR ITS AUTHORIZED AGENT, OF VETERANS 5 E BEALE AVE CAMP HILL ENOLA, PA 17025 October 12, 2000 PA Ciry, sate L BORROWER'S PRO ` MISE TO PAY dam Aaaresa In return for a loan that I have Seventy-Five Thousa received, I Pose to pay U.S. $ D111111tiiIII (this amount is called " and, Pour Hundred Ei 75and , 480.00 CHASE M?ATTANPMORTGA to the order of the ghtY der X00/100 Lender. The a corporation organized and existing tea' r?hc htws ofO StateTof New I will make alt payments under this Note in the fora[ of fer cash, Jersey Note. The Lender or anyone who takes this Note b cheat or money order. I understand "Note Holder,' Y trans and who is entitled to receive vpayments that the Lender may transfer this 2, ???• e eY?ts under this Note is called the Interest Eight be charged on unpaid principal of until the full amount of Principal has been paid. I will pay interest at a yearly rate The interest rate required by this Section 2 is the rate I will pay both before and of this Note. 8.000 % after 3. PAYMENTS any default described in Section 6(B) (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the fast day of each I will. these payments every month until 1 have paid all of thenta ?hnnng on December 1 I may owe under this Note. Each on monthly Payment will be applied as of its scheduled due y charges described below that Note, 1 will pay those 1, 2 03 0 r date and will be applied to interest before I will make m amounts in full on that date, which is call - m the " I still owe amounts under this or at a cliff Y monthly tty payments at 200 OLD WILSON BRIDGE RD Brent place if required by the Note Holder. COLUMBUS, ON 43085 (B) Amount of Monthly Payments My monthly Pa meat will be in the amount of U.S.S Five Flyundred Fifty-Three and 85,1100 553 • 85 4. BORROWER'S RIGHT TO PREPAY The Borrower stealll have the ri not less than the er s a hone ight to prepay at any time, without on the date nstallment, or $100, whichever !s less. Anu or fee, the entire indebtedness any P thereof received, and no interest may be charged thereafter, Any prepayment in full of the ' need not be credited until the next followin Any partial prepayment made r than a ness ws shall be credited S. LOAN CHARGES- g ins tallment due date or 30 days after such on other than an installmen 5 t due date If a law, which prepayment, whichever is earlier. charges collated or PUes to this loan and which sets collected in connection with thus exceed the Pe is fmally interpreted so that the interest or other loan reduced by the amount necessary to reduce the charge to the Putted limits, then. (!) any such loan char 'shall exceeded permitted limits will be refunded tome. The Note Holemhitted limit; and (ii) any sums alread 84e wh be under this Note Permitted by may choose to already collected from ate which Prepayment. making a direct payment to me. If a refund reduces stake this refund by reducing the principal I owe 6• BORROWER'S FAIL Principal, the reduction will be treated as a partial (A) Late URE TO PAY AS REQUIRED Charge for Overdue Payments If the Note Holder has not received the full date it is due, I will pay a late amount of any monthly payment by the end of fifteen l 5) charge to the Note Holder. The amount of the charge will be 4 of e overdue will p ( calendar days after the 96 late charge monthly fit, which includes principal, interest, taxes, and insurance, as allowed by state law. I will pay this promptly but only ly once once on each late payment (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default (D) No n,7 Even if, at BY Note Bolder Note Holder wills when I am in default, still have the right the Not Hol amdp&aes der does not back IY Ethe MC N Yment of has Note re BgolWr? s COStas Amin default at a lat (E)the me to pay immediately in full as described above, the for all of its me to pay immediately in full , for example, r costs and expenses i as described above, fees, emtorci Y• GYMG OF Nt7I7CESble atiorme 8 in include ng this Note to the extent not p he Not tie b by will have the right to be Paid Y Unless applicable law Y applicable law, delivering it or by mail' requires a different Those expenses a notice of tng it by first class mail ail t me'a any notice that must address. Any ice that to at the Property Address above given at a to me enunder ibis Note will be give4 b mail to the Note Holder given t the Note Holder address if I by address. at the address at under this Not will be give Ile Note Holder OBLIGA std in Section 3(A) above or at a differgiven ent y deliverin 8• TIONS OF 8 it ' If PERSONS address if 1 am ['t8 it by first class Person signs ffiS NO gi ven by a mailing of Note, inclludingt one this Note T T1, that diffe th. obligated to do th the Promise to pay the full each Person is fWly and personall ese of this Note, is also brings' AQYPetsom wltot mover Any Person who is $ obligated to keep a!1 of the pro igat against each ,Cd keep all of the pr oadses m d in this No mises ions, includia guarantor, surety or endorser of this Nt of je is a amounts °w person individually g the obligations of a 9. ?yAY?'ER unde this NOte. of us together. t. The Note Holder may guaraat°r, surety or endorser means that any one of u y drforce its rights under I and anY other use may be required t this Note person who has obligations under Pay all of the t.Presentment. require the N th e right to require the N this Not w mad 10, ALLONGE ? oT? N vvenoncet01C Holder t eve the rights of Presemn other persons that sm, payment of amounts due anent and notice of disho If an allouge provi amounts due have not been , Notice of dishonor" means the norrigh with this Note, the coves for payment dj? or for Paid. as if the allon manta Of the allon e shall be - _ any other suppl _ Q Graduates ?a pan of this Not. (heck applicable into and sba!!?a enod nation rs executed b trower Payment Allonge box) suppl by the Bo together 11. II Other (Specify) anent the covenants of this Note I1rl? SECURED NO.M Holder under this Notf a Mo struatent with limited variations Protects the Not Holder age, Deed of Trust or in SOMurisdictions Securi ry ImtruWent describes from Po aade losses which rrughttstY Deed (the "Se?riO, Idr?e raddition o t to the Protections given to the I owe under this Note. rs carder what conditions salt if redo n keep ), dated the s Note cri tree of make date as this Note, Regulations (38 C.F, those conditlona are des ? required to make immediate payment .° In this Note. That gulations follows:, .; (38 U.S.C. Cha R 'Pats 36) issued under m full of all amounts to this loan and any prov and isimons t? on the date of loan c1cmin Bove' the ("V A ") Guaramtecd IA duties AM supplement to Affairs Authority conform theret of this NOW which are in g shall consistent with such regulations arelhereby amend ed said A and U DERSIGNED, T ILLEI /2 ocia1 Security No 2 0 5 - 64 - H THER 7141 Social N KILLEEN Security No.: 021-56-5095 -TOUT RECOURSEPAY TO THE ORDER OF: WITNESS V Return To: ATTENTION Prepared By: Parcel Number mom . CHASE MANHATTAN MOR'T'GAGE CORPO 'OBERZ P. LIEGi ER 1500 N 19TH STREET ???DER OF DEEDS MONROE LA 71201 "UMBERLA;4p COUNTY-PQ FINAL CERTIFICATIONS •a00 OCT 13 PM 3 16 JAMAR BLACKWELL 09-15-1291-228 [Space Above Ibis Line For Recording Dotal Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section lb. (A) "Security Instrument" means this document, which is dated October 12, 2000 together with all Riders to this document. (B) "Borrower" is JOHN T KILLEEN, HEATHER M KILLEEN, HUSBAND & WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender" is CHASE MANHATTAN MORTGAGE CORPORATION Lender is a CORPORATION PENNSYLVANIA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT ®® 6G(PA) (9912).01 Page 1 01 16 VMP MORTGAGE FORMS - (900)6217219.1 \ MORTGAGE 179015888 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. DEFINITIONS Form 3039 3/99 90AG 15PAGE . 4s I BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be ,/ Inki {?yy •6G(PA) (99121.01 Page a of 16 v I Form 3039 3199 aood645 nGE . 49 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall'not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under, RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the, escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender can agree in writing, however, that interest 16"C' ?.& 40 -6G(PA) 199 f 2y.o 1 Pap" 5 of 16 ® Form 3039 3/99 BOOR?6?" SQ shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to snake up the shortage in accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within lp days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. ®®6GIPA1 I9912).01 Page eof IS Form 3039 3199 flotih,191% 45?.. 5? If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. in -6G(PA) (9e+2).01 Page 7of 18 Form 3039 3199 SflOxiE4 45PW . 52 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. J? 4 _ ift -6G(PA) tsstzi.Ot Page aof to lnta Form 3039 3/99 PON1EA5 f,AGE 53 e Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. ' If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, Initiag 0& RJ 40 -60(PA) I9e1si.oi Page 9 of 16 Form 3039 3/99 BOOK-1F45 PAGE: 54 whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums. secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or Inkial9t? ?'?./ 40 -GG(PA) 19912).oi Page IO of is Form 3039 3199 remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tetras of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by [Waking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any I= SGiPA) 1991 zf.of Page I I of 16 Form 3039 3199 notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies 'permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the 1nWsJ,C)7J?-- J't v`-? t?®6GIPA) issi 2>.oi page 2 or i o Form 3039 3199 B4UK161 PUr 57 purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, batik check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this. Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. M-6GMA1 (99121.01 Page 13 of 16 Form 3039 3/99 BOOK 1645 Pat Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. D. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Initial V+ dM 6GIPA) (9912).01 Pape to or to Form 3039 3/99 $OUlif?PW +_S9 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider executed by Borrower and recorded with it. Witnesses: _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) li4e 41*-?rrower WITNESS (Seal) -Borrower (We 8G(PAl mi?.j.of Page is of la Form 3039 3199 BOOK U4s Pw go, Borrower ? w n ? AU THOSl: CFRTAiN lots of rrround situatc in the Township of East PconsW440% County of Cvntbertartd, and Swto of Pcnnsylvania, bbounded and described as follows, to wit: BEGINNING ac a point on the northern tine of Beale Avenue 94,5 feet more or less cost of the northeast corner of the intersection of Beale Avenue with First avenue; thence northwardly along the line of Lot No. 42, Section B un the hereinafter mentioned Plan of Lots. 150 feet to the aovthern line of Sharon Alley; dunce ew1wardly along the southern lint of Sharon Alley so feet to the line of tot No. A Section B: thence sou;hwardly along the line of Lot No, 39, Section B. ISO feet to the northern line of pealc Avenue: thence westwardly along the northern line of Scale Avenue SO feet to a point, the place of BECINNINC. 90ox f 645 Past 62 17e Certificate of iden / / 1, e c vb-S'??i Ze,& o hereby certify that the correct address of the within-named Mortgagee is ?? ,Gv.4,41-, pN/ &9 O-P'U7 Witness my hand this 12th day of October 2000 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 12th day of October 2000 , before me, the undersigned officer, personally appeared JOHN T KILLEEN, HEATHER M KILLEEN, HUSBAND & WIFE known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Notarial Seel ,? . Susanne K. Sather, Notary PUM . Camp Hill Boro, Cumbedand GOUrItY My Commission Expires Aug. 25, 2001 , I A/b/I Member, Pen"ania AasoCWion of NOBTi99 G j" . Tide of O ?'y 1 Inittab: V ®®60tPAi (991201 Page 16 of 16 Form 3039 3/99 nox 1645 PAGE 61 .. ; ORIGINAL 17901588 1179015888 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 12th day of October 2000 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument") dated of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to CHASE MANHATTAN MORTGAGE CORPORATION , a corporation organized and existing under the laws of the State of New Jersey (herein "Lender") and covering the Property described in the Security Instrument and located at 5 E BEALE AVE, ENOLA, PA 17025 [Property Addressl VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instnunent or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER dM 538R (99041.01 3/9 I' pp ?? 1111 IM1 Page 1 of 3 Initials + / /? 111111 VMP MORTGAGE FORMS CS 21-7291 ? 1?' iI 8001(164-5mm M y /! LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE: A fee equal to one-half of 1 percent (.50%) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. Initial ®®638R (9904).01 Page 2 of 3 BOOK 1645lPA>E &4 a . 4 j IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assum Rider. ption Policy 70_ --oxoo T KILLEEN -Borrower HEATHER M KILLEEN Borrower -Borrower -Borrower -Borrower -borrower / WITNESS -Borrower -Borrower Qk_538R (9904).01 Page 3 of 3 State Of pe"nS County of (,'u Y'Va rlandl dW In r ba e for O??AOr the recor?n9 of pa F )tno Booh? WOunty, pa eds Carlisle. pA y this hand 7z a of off, 41 , day of ?-? R?rder Yti s_' N? Jf 1a ?'•? r w ? BOOK 1,645 AGE 65 ? ? V i t ? f VERIFICATION Whitney K. Cook , Assistant Secretary, and duly authorized representative of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation 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 are true and correct to his/her knowledge, information and belief. CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Comoration J N ..e • lil23 fd? b A_ ?J f _` . ?l •-, t SHERIFF'S RETURN - REGULAR CASE NO: 2008-07298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS KILLEEN JOHN T ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KILLEEN JOHN T the DEFENDANT , at 0020:15 HOURS, on the 17th day of December , 2008 at 5 EAST BEALE AVENUE ENOLA, PA 17025 by handing to JOHN KILLEEN DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.50 Affidavit .00 Surcharge 10.00 .00 V 41.50 Sworn and Subscibed to before me this day of , So Answers: ,004 Thomas Kline 12/18/2008 GRENAN & BIRSIC By: Deputy h ff A. D. %I. 'L SHERIFF'S RETURN - REGULAR CASE NO: 2008-07298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS KILLEEN JOHN T ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KILLEEN HEATHER M the DEFENDANT , at 0020:15 HOURS, on the 17th day of December-, 2008 at 5 EAST BEALE AVENUE ENOLA, PA 17025 by handing to HEATHER KILLEEN DEFENDANT 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 t 2/zM?? g q- 1 .00 16. 00 Sworn and Subscibed to before me this day of , So Answers: R. homas Kline 12/18/2008 GRENEN & BIRSIC By. A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 08-7298 Plaintiff, vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, TYPE OF PLEADING PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, OH 43219 the last known address of Defendants is: 5 East Beale Avenue l;nola, PA 17025 GRENEN & BIRSIC, P.C. Atto eys for Plaintiff FILED ON BEHALF OF PLAINTIFF: Chase Hoene Finance LLC, s/b/m/t 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 Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. CIVIL DIVISION NO.: 08-7298 PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, John T. Killeen and Heather M. Killeen, in the amount of $75,111.96, which is itemized as follows: Principal $68,040.71 interest to 01/22/09 $ 3,516.24 Late Charges to 01/22/09 $ 55.44 Escrow Deficiency to 01/22/09 $ 229.73 Corporate Advances $ 0.00 Unapplied Funds -($ 80.16) Attorneys' Fees $ 850.00 "Title Search, Foreclosure and Exccution Costs $ 2,500.00 TOTAL $75,111.96 with interest on the principal sum at the rate of $14.87 per diem (as may change from time to time in accordance with the terms of the Note) from January 22, 2009, 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 & BIRS?ICC,,'P.C. Kris M. Anthou, Esquire Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) 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 Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me t4w4t 2009. COMMONWE&TH OF MNNSYLVANIA Ndarial Seel EkdxA t M PaWm, Notary Pd ft CNy Of POW 0, A190ft CW* W C m'U dm E*w Jan, a, 2012 Member, pennsylvanle Assodatlon of Notaries 0 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CEIASE 110ME FINANCE LLC, s/b/m/t CHASE MANHATTAN MOR'EGAGE CORPORATION, Plaintiff. Vs. JOEiN T. KILLFF.N and IfEATHER M. KILLEEN, Defendants. TO: John T. Killeen 5 East Beale Avenue Enola, PA 17025 DATE OF NOTICE: January 7, 2009 CIVII, DIVISION NO.: 08-7298 IMPORT ANT NOTICE YOU ARE IN DEFAUI; C BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJF,CTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF "PHIS 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE. YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES "THA"T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or'Toll Free (800) 990-9108 GRENEN & BIRSIC, P.C. 13y:??-^ Attorneys [or Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 FIRST CLASS MAIL, POSTAGE PREPAID (412) 281-7650 • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CfIASI: HOME FINANCE LLC, s/b/m/t CHASE MANI [A I'TAN MORTGAG E CORPORATION, CIVIL: DIVISION Plaintiff, vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. TO: Heather M. Killeen 5 East Beale Avenue Filola, PA 17025 DATE OF NO'T'ICE: January 7, 2009 NO.: 08-7298 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT'T'EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH "CHI. COURT YOUR DEFENSES OR OBJECTIONS To THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITI TIN "ITN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTF.RI D AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR O'T'HER IMPORTAN"C RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT AIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE. TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or roll Free (800) 990-9108 FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. t3y:_1 - C? _---- Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 _ o c r ? ? a t> ti t F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE, MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 08-7298 vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants, NOTICE OF ORDER, DECREE OR JUDGMENT TO: John T. Killeen 5 East Beale Avenue Enola, PA 17025 ( ) Plaintiff (XX) 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 (XX) The judgment is as follows: $75,111.96 with interest on the principal sum at the rate of $14.87 per diem (as may change from time to time in accordance with the terms of the Note) from January 22, 2009, 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 HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 08-7298 vs. JOI-IN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Heather M. Killeen 5 East Beale Avenue Enola, PA 17025 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on n69 ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $75,111.96 with interest on the principal sum at the rate of $14.87 per diem (as may change from time to time in accordance with the terms of the Note) from January 22, 2009, 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 s_ r --C7 -4 r.y - t ; . ?'t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: CHASE HOME FINANCE LLC s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION ( ) Confessed Judgment ( ' ) Other File No. 08-7298 . VS. JOHN T. KILLEEN and HEATHER M. KILLEEN TO THE PROTHONOTARY OF THE SAID COURT: : Amount Due 75,111.96 Interest 2,177.81 : Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) Known and numbered as 5 East Beale Avenue, Enola, PA 17025 Township of East Pennsboro, County of Cumberland ar Pog,+ `kt ; I ( PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (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: Kristine M. Anthou Address: One Gateway Center, Ninth Floor Attorney for: Telephone: Pittsburgh, PA 15222 Plaintiff (412) 281-7650 Supreme Court ID No.: 77991 (over) 716 M 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. NO.: 08-7298 JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of John T. Killeen and Heather M. Killeen, located at 5 East Beale Avenue, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DEED BOOK VOLUME 231, PAGE 202, AND LOT NUMBERS 40 AND 41, SECTION B. r ? 1. The name and address of the owner(s) or reputed owner(s): John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue Enola, PA 17025 2. The name and address of the defendants in the judgment: John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue 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 Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation CitiFinancial Inc. PLAINTIFF 3401 Hartzdale Drive Site 126 Camp Hill, PA 17011 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations PA Department of Revenue P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 plaintiff has 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 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 unsworn falsification to authorities. ?J L t?C ?_ ?c????-C Kristme M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS _?_ DAY OF 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA ''?belh ??4 NoWy Put6c ` ? Jan. r,.... _ - ,°ernsylvenls Assowe- on of M0 8ASs C7 o Q tits ? -r `1J fn 1 p? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. NO.: 08-7298 JOHN T. KILLEEN and HEATHER M. KILLEEN, 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 Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 5 East Beale Avenue, Enola, PA 17025 are Defendants, John T. Killeen and Heather M. Killeen, who resides at 5 East Beale Avenue, Enola, PA 17025, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA NoMW Seal Ellzabelh M. Patano, Notary Pudic MY ConxNe* E*M Jam ? 2 Member, Pennsytvanta Assodatlon of Notaries C rya ? -*? a. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. NO.: 08-7298 JOHN T. KILLEEN and HEATHER M. KILLEEN, 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, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on September 1, 2008, Defendants were mailed a combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. 101, et seq. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Nftial Sea{ E.YrabeM M. Pelatto, WANY RM CUy Of PMbbugL A1% ty 0MMV MyCmvft nSVMJan. 6, 2012 Member, Pennsylvania Maoc;allon 0 moist %s i , ~ Y C?- ? ?fl CFI t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: John T. Killeen 5 East Beale Avenue 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 in the Cumberland County Courthouse Commissioners Hearing Room, 2"d Floor 1 Courthouse Square Carlisle, PA 17013 on June 10, 2009, at 10:00 A.M., the following described real estate, of which John T. Killeen and Heather M. Killeen are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DEED BOOK VOLUME 231, PAGE 202, AND LOT NUMBERS 40 AND 41, SECTION B. ?? 11 The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation Plaintiff, VS. John T. Killeen and Heather M. Killeen, Defendants at Execution Number 08-7298 in the amount of $77,289.77. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. B Y Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NO.: 08-7298 LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate lying and being in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Beale Avenue 94.5 feet more or less east of the northeast corner of the intersection of Beale Avenue with First Avenue; thence northwardly along the line of Lot. No. 42, Section B on the hereinafter mentioned Plan of Lots. 150 feet to the southern line of Sharon Alley; thence eastwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Section B; thence southwardly along the line of Lot No. 39, Section B, 150 feet to the northern line of Beale Avenue; thence westwardly along the northern line of Beale Avenue 50 feet to a point, the place of BEGINNING. BEING Lots No. 40 and 41, Section B, on the Plan of Lots laid out by Arthur R. Rupley and recorded in the Recorder of Deeds Office in Deed Book 0, Volume 6, Page 600. BEING the same premises which Richard J. Stewart and Darlene E Stewart, his wife by Deed Dated October 12, 2000 and recorded in the Office of the Recorder of Cumberland County on October 13, 2000 at Deed Book Volume 231, Page 202, granted and conveyed unto John T. Killeen and Heather M. Killeen, his wife. .4 KNOWN and numbered as 5 East Beale Avenue, Enola, PA 17025 GRENEN & B1RS1C, P.C. By. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 r ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DEED BOOK VOLUME 231, PAGE 202, AND LOT NUMBERS 40 AND 41, SECTION B. Execution No. 08-7298 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7298 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From JOHN T. KILLEEN and HEATHER M. KILLEEN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,111.96 L.L. $.50 Interest -- $2,177.81 Atty's Comm % Due Prothy $2.00 Atty Paid $176.50 Other Costs Plaintiff Paid Date: 2/04/09 (Seal) REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Curtis R. Lon , Proth otary By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 08-7298 Plaintiff, Vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t 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 Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 6/10/09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. NO.: 08-7298 JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Esquire, Attorney for Plaintiff, Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows 1. By letters dated February 10, 2009, 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: ?-C L?ou, ? ?ine M. Ansqu ire? Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS _DAY OF , 2009. Notary Public COMMQ,NWEALTH OF PEN 18YLVANIA Na"Al $"I PIMA A. Townwnd, MOO" Publlio Clfy of Pllb"n, AAp*ny County Liv Comma" !ft June 2 ,2011 MeMber, nro &n • ANOMM MMU EXHIBIT "A" • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, CIVIL DIVISION NO.: 08-7298 VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of John T. Killeen and Heather M. Killeen, located at 5 East Beale Avenue, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DEED BOOK VOLUME 231, PAGE 202, AND LOT NUMBERS 40 AND 41, SECTION B. 0 0 1. The name and address of the owner(s) or reputed owner(s): John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue Enola, PA 17025 2. The name and address of the defendants in the judgment: John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue 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 Home Finance LLC, s/b/m/t PLAINTIFF Chase Manhattan Mortgage Corporation 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation CitiFinancial Inc. PLAINTIFF 3401 Hartzdale Drive Site 126 Camp Hill, PA 17011 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 plaintiff has 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 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 unworn falsification to authorities. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF2009. -7A " L. dj'(.47 J i NotaryPublic otiIMOWMTM OF PENN8YLVaru? Nodal sw "-?NL FW01 , Nodry Pubic r:.. . _. , ,-censylvMll? Auoe'ddlW+ Of hv.aAp v T co T 0 N 3 _ W co y (D T (D 3 m cD 0 N 0 3 (D Q v f \116- 7' 0 co w 0 'D CD 7 Ad r -? aD C7 Ul N -' _0 0 V ^/ 2 m ?, o m d ^? '? 3 ^r N CD CL O N O A O D ? a 3 ? 9 C < 7 3 C D 3 C ( D C 3 c G) CD :3 a n CD CD c n 3 R CD o CD 90 ? 0 <? C j (D v lV N N 0 D a N CO 0 CD W * 0 Qp ; v' D LA g \ CD CD c: 3 a - CD z . p Z) (-) Cl o w @ CD ::3 5) 3 . cn CD m p=r v •- ? 0 0 9 N.? CD 0 C: 0 CD - CD N c 3 0 C D d -^ In cD ?y 3 T m o CD fD N 0 0 ? o =? _? /? ?/? (7W N T? 3 C D (p MOO :3. 00 ?• " 70 C. -7 5mooo N 0 x 0 X 0 (D X 3 4 0XfD0 0 3 m o -?? O v m C Q C a N .? N <D I ID a n n z C ~ C O O - ID ?' ?c i? V N L Dv CD z D D w O C) , m y (D d R. -4 -4 W O 'J 0 a 0 N -.1 C) K) (a cn 00 CD 0000 a fn m 3M 0 ? .. (D m w c ce. N N C = o ? N N "a o n o 0 - CD m 3 0 12 d m 0 3 T vt N N N N o (D d (D 4?6 O?o9m?D T W + 1D ? ?i N x O O O C) ,,cn m glb , lT' j.p y D7 ?vm3mp CD m a t/1 n m a ` = CD CD m ma m y..- ?A 0 40? N 9 "?bM 0 oCD °a CD CD 1 ? T 0 ? 0 t 9 T cn N C) T y N = T Z1 RLED-CtTICT CF THE PR aTluC`,IOT Y 2009 MAY I I PIM 1: 20 Chase Home Finance, LLC, s/b/m/t Chase Manhattan Mortgage Corporation Vs John T. Kileen and Heather M. Killeen In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-7298 Civil Term Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2009 at 1854 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Kelly R. Hockenberry and Sandra L. Hockenberry, by making known unto John T. Killian and Heather M. Killian, personally, at, 5 East Beale Avenue, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1135 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John T. Kileen and Heather M. Killeen, located at, 5 East Beale Avenue, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: John T. Kileen and Heather M. Killeen, by regular mail to their last known address of, 5 East Beale Avenue, Enola, PA 17025. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 16.89 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Milage 40.50 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Post Pone Sale 40.00 Patriot News 286.56 Share of Bills 15.43 861.38 ?ol" / o / So Answers, ?0001a-4mooc -?00?- -*11 J. t-1U 7a Ys"9 . 23/-794 CF T _:. a r rr ?Y R. Thomas Kline, Sheriff 2""; ESE: i 12 C; ' L ! By z Real Estate Coordinator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. NO.: 08-7298 JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of John T. Killeen and Heather M. Killeen, located at 5 East Beale Avenue, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DEED BOOK VOLUME 231, PAGE 202, AND LOT NUMBERS 40 AND 41, SECTION B. 1. The name and address of the owner(s) or reputed owner(s): John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue Enola, PA 17025 2. The name and address of the defendants in the judgment: John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue 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 Home Finance LLC, s/b/m/t PLAINTIFF Chase Manhattan Mortgage Corporation 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, s/b/m/t PLAINTIFF Chase Manhattan Mortgage Corporation CitiFinancial Inc. 3401 Hartzdale Drive Site 126 Camp Hill, PA 17011 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 plaintiff has 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 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 unsworn falsification to authorities. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2009. --T Notary Public COMMONWEALTH OF PENNSYLVANIA If JKAkgWW0=* '' ;:a+'niron?pkee.len. a 2012 P.- - -, r ceno0i" A"mistlon of kv.ad" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NO.: 08-7298 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: John T. Killeen 5 East Beale Avenue 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 in the Cumberland County Courthouse Commissioners Hearing Room, 2"d Floor 1 Courthouse Square Carlisle, PA 17013 on June 10, 2009, at 10:00 A.M., the following described real estate, of which John T. Killeen and Heather M. Killeen are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DEED BOOK VOLUME 231, PAGE 202, AND LOT NUMBERS 40 AND 41, SECTION B. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Heather M. Killeen 5 East Beale Avenue 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 in the Cumberland County Courthouse Commissioners Hearing Room, 2"d Floor 1 Courthouse Square Carlisle, PA 17013 on June 10, 2009, at 10:00 A.M., the following described real estate, of which John T. Killeen and Heather M. Killeen are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DEED BOOK VOLUME 231, PAGE 202, AND LOT NUMBERS 40 AND 41, SECTION B. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation Plaintiff, vs. John T. Killeen and Heather M. Killeen, Defendants at Execution Number 08-7298 in the amount of $77,289.77. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By. ?? Q-6 iC CU??:? Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NO.: 08-7298 LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate lying and being in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Beale Avenue 94.5 feet more or less east of the northeast corner of the intersection of Beale Avenue with First Avenue; thence northwardly along the line of Lot. No. 42, Section B on the hereinafter mentioned Plan of Lots. 150 feet to the southern line of Sharon Alley; thence eastwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Section B; thence souhwardly along the line of Lot No. 39, Section B, 150 feet to the northern line of Beale Avenue; thence westwardly along the northern line of Beale Avenue 50 feet to a point, the place of BEGINNING. BEING Lots No. 40 and 41, Section B, on the Plan of Lots laid out by Arthur R. Rupley and recorded in the Recorder of Deeds Office in Deed Book 0, Volume 6, Page 600. BEING the same premises which Richard J. Stewart and Darlene E Stewart, his wife by Deed Dated October 12, 2000 and recorded in the Office of the Recorder of Cumberland County on October 13, 2000 at Deed Book Volume 231, Page 202, granted and conveyed unto John T. Killeen and Heather M. Killeen, his wife. KNOWN and numbered as 5 East Beale Avenue, Enola, PA 17025 GRENEN & BIRSIC, P.C. By: Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DEED BOOK VOLUME 231, PAGE 202, AND LOT NUMBERS 40 AND 41, SECTION B. Execution No. 08-7298 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NO.: 08-7298 LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate lying and being in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Beale Avenue 94.5 feet more or less east of the northeast corner of the intersection o? Beale Avenue with First Avenue; thence northwardly along the line of Lot. No: 42, Section B on the hereinafter mentioned Plan of Lots. 150 feet to the southern line of Sharon Alley; thence eastwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Section B; thence southwardly along the line of Lot No. 39, Section B, 150 feet to the northern line of Beale Avenue; thence westwardly along the northern line of Beale. Avenue 50 feet to a point, the place of BEGINNING. BEING Lots No. 40 and 41, Section B, on the Plan of Lots laid out by Arthur R. Rupley and recorded in the Recorder of Deeds Office in Deed Book 0, Volume 6, Page 600. BEING the same premises which Richard J. Stewart and Darlene E Stewart, his wife by Deed Dated October 12, 2000 and recorded in the Office of the Recorder of Cumberland County on October 13, 2000 at Deed Book Volume 231, Page 202, granted and conveyed unto John T. Killeen and Heather M. Killeen, his wife. KNOWN and numbered as 5 East Beale Avenue, Enola, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-7298 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From JOHN T. KILLEEN and HEATHER M. KILLEEN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,111.96 L.L. $.50 Interest -- $2,177.81 Atty's Comm % Due Prothy $2.00 Atty Paid $176.50 Other Costs Plaintiff Paid Date: 2/04/09 ;Curtis R. L 4,rot?h4onqry (Seal) By; Deputy REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 C- ci - ? b Cl y Real Estate Sale # 38 On February 12, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 5 East Beale Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2009 By' 7 YJ ? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : 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: May 1, May 8, and May 15, 2009 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. "-I- ? 2?e sa Marie Coyne, Ed. or SWORN TO AND SUBSC BED before me this day of May. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 YA" 850M 4" X0. 88 Writ No. 2008-7298 Civil Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation vs. John T. Killeen and Heather M. Killeen Atty.: Kristine Anthou LONG FORM DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate lying and being in East Pennsboro Township, Cum- berland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Beale Avenue 94.5 feet more or less east of the northeast corner of the intersection of Beale Avenue with First Avenue; thence northwardly along the line of Lot. No. 42, Section B on the hereinafter mentioned Plan of Lots. 150 feet to the southern line of Sharon Alley; thence estwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Section B; thence southwardly along the line of Lot No. 39, Section B, 150 feet to the northern line of Beale Avenue; thence westwardly along the northern line of Beale Avenue 50 feet to a point, the place of BEGINNING. BEING Lots No. 40 and 41, Sec- tion B, on the Plan of Lots laid out by Arthur R. Rupley and recorded in the Recorder of Deeds Office in Deed Book 0, Volua a 6, Page 600. BRING the same premises which Richard J. Stewart and Darlene E Swart, his vAk by Deed Darted Uc- tober 12, 2W O and recorded in the Office of the Recorder of Cumberlmd County on October 13, 2000 at Deed Book Volume 231, Page 202, granted and conveyed unto John T. Killeen and Heather M. Killeen, his wife. KIP and numbered as 5 East Beale Avenue, Enola, PA 17025. 'The Patriot-News Co. 812 Market St. Harrisburg, -PA 17101 Inquiries - 717-255=8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePahiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 ............. Sworn to anos/ubscribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEAL rN OF PENNSYLVANIA Notarirai Seal Sherrie L. Kisner, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Estate Bale No. 38 Writ No. 2008-7298 Civil Term hass Home Finance LLC, s/bI mgt Chase Manhattan Mortgage Corporation VS John T. Killeen and Heather M. Killeen Attorney Kristine Anthou LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of lane` situate lying and being in East Pennsboro Township, Cumberland County, Pennsylvania. more particularly bounded and described x follows: BEGINNING at a point on the northern line o Beale Avenue 94.5 feet more or less east of the northeast corner of the intersection of Beale Avenue with First Avenue; thence northwardl along the line of Lot. No. 42; Section B on the hereinafter mentioned Plan of Lots. 150 feet t<, the southern line of Sharon Alley; thence eastwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Sectim• B; thence southwardly along the line of Lot Ni 39, Section B, 150 feet to the northern line , Beale Avenue; thence westwardly along thc northern line of Beale Avenue 50 feet to a poi w. the place of BEGINNING. BEING Lots No. 40 and 41, Section B, on Plan of Lots laid out by Arthur R. Rupley am recorded in the Recorder of Deeds Office it. Deed Book 0, Volume 6, Page 600. BEING the same premises which Richard Stewart and Darlene E Stewart, his wife by Dec Dated October 12, 2000 and recorded in the O6ioe e` ft ll"Mw of cWhow'County on 0 13, at Dodf* WM* -231, Pte 202, grmrred and conveyed unto John T. Killeen and Heather M. Killeen, his wife. KNOWN and numbered as 5 East Beale Avenue Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, 3; w Vs. fTl M _v r �� JOHN T. KILLEEN and `n<? C� `= -J c� HEATHER M. KILLEEN, 77 Defendants. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO: Prothonotary SIR: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County,against the Defendants, John T. Killeen and Heather M. Killeen, as follows: Amount Due $ 75,111.96 Interest from 01/23/09 to sale $ 28,263.73 O TOTAL $103,375.69 448-no p A-Mq 1l . W 0 BF )('0. 00 GRENEN& BIRSIC, P.C. 861. 39 'r aq «� 0103. Attorneys for Plaintiff 4a.a5 hoe Co of, '�33 p2E LX)6-ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, MM VS. :rm -13 co JOHN T. KILLEEN and HEATHER M. KILLEEN, t-Q Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of John T. Killeen and Heather M. Killeen, located at 5 East Beale Avenue, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT,TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DBV 231, PAGE 202, AND PARCEL #09-15-1291-228. 1. The name and address of the owners or reputed owners: John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue Enola, PA 17025 2. The name and address of the defendants in the judgment: John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue 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 Home Finance LLC, s/b/m/t PLAINTIFF Chase Manhattan Mortgage Corporation 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, s/b/m/t PLAINTIFF Chase Manhattan Mortgage Corporation CitiFinancial Inc. 3401 Hartzdale Drive Site 126 Camp Hill, PA 17011 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 plaintiff has 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 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 unsworn falsification to authorities. .� Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2013. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial S,aw MaryBeth Ackem;a`w,,Nrjta,ry Public City of Pittsuurgn,Meghe iy County My Commission Expires March 16,2015 MEMSEk,PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 08-7298 vs. r•� , C-- JOHN T. KILLEEN and n Xrli HEATHER M. KILLEEN, .Z r+:u mot" ray YS 14...J co Defendants. -r AFFIDAVIT OF NON-MILITARY SERVICE 1-0 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) 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 are not in the military service of the United States of America to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of 2013. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, `� r NO.: 08-7298 ° -a 3 Plaintiff, MUD rri -a ::a V)r- t - vs. -<D> co , JOHN T. KILLEEN and HEATHER M. KILLEEN, 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 Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 5 East Beale Avenue, Enola, PA 17025 are Defendants, John T. Killeen and Heather M. Killeen, who resides at 5 East Beale Avenue, Enola, PA 17025, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2013. 0 otary Public C M WEAyH OFS PENNSYLVANIA g,jarrNnth Ackerman,Plotary Public PittsbuMih,Piieoeny County pn t1drC"16 �UiS J Lnn 4ik3'=c,Pf.NNSYLNANIA AS57lSARl7N OF NI CAiilES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 C-, Plaintiff, IrI C :=w z vs. ' _L m JOHN T. KILLEEN and � c':> HEATHER M. KILLEEN, ;- Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P S 101 ET SEO. 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, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on September 1, 2008, Defendants were mailed a combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. 101, et seq. 1 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2013. otary Public COMMONVfflALTH OF,PENNSYLVANIA N0;0tF,,!Seal MaryBeth,dA;°r,-,,,«-w, 0,i(ary Public Clty of Pizr +ur: ,, 4 - t;7 inty My Comnao4siw-t�xpwl!!,Ovol iu,2015 � MEMBER,PENNSYLVANIA ASSOC UION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, 00 o JOHN T. KILLEEN and r' HEATHER M. KILLEEN, "=' Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: John T. Killeen 5 East Beale Avenue 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 in the Cumberland County Courthouse Commissioners Hearing Room,2"d Floor 1 Courthouse Square Carlisle, PA 17013 on September 4,2013, at 10:00 A.M.,the following described real estate, of which John T. Killeen and Heather M. Killeen are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND,AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DBV 231, PAGE 202, AND PARCEL #09-15-1291-228. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation Plaintiff, VS. John T. Killeen and Heather M. Killeen, Defendants, at Execution Number 08-7298 in the amount of$103,375.69. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten(10)days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN& BIRSIC, P.C. B . -4& ( .Gc��� Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate lying and being in East Pennsboro, Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Beale Avenue 94.5 feet more or less east of the northeast comer of the intersection of Beale Avenue with First Avenue; thence northwardly along the line of Lot. No. 42, Section B on the hereinafter mentioned Plan of Lots, 150 feet to the southern line of Sharon Alley; thence eastwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Section B;thence southwardly along the line of Lot No. 39, Section B, 150 feet to the northern line of Beale Avenue; thence westwardly along the northern line of Beale Avenue 50 feet to a point,the place of BEGINNING. BEING Lots No. 40 and 41, Section B, on the Plan of Lots laid out by Arthur R. Rupley and recorded in the Recorder of Deeds Office in Deed Book 0, Volume 6, Page 600. BEING the same premises which Richard J. Stewart and Darlene E Stewart, his wife by Deed Dated October 12, 2000 and recorded in the Office of the Recorder of Cumberland County on October 13, 2000 at Deed Book Volume 231, Page 202, granted and conveyed unto John T. Killeen and Heather M. Killeen,his wife. KNOWN and numbered as 5 East Beale Avenue, Enola, PA 17025 GRENEN&BIRSIC, P.C. Bye �eL- Kristine M. Anth6u, Esquire Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412)281-7650 Parcel #09-15-1291-228 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 c M,� Plaintiff, MCC rn,--1 cn + mac.` vs. --i JOHN T. KILLEEN and X cT HEATHER M. KILLEEN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Heather M. Killeen 5 East Beale Avenue 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 in the Cumberland County Courthouse Commissioners Hearing Room,2"d Floor 1 Courthouse Square Carlisle,PA 17013 on September 4,2013, at 10:00 A.M., the following described real estate, of which John T. Killeen and Heather M. Killeen are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DBV 231, PAGE 202, AND PARCEL #09-15-1291-228. The said Writ'of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC,s/b/m/t Chase Manhattan Mortgage Corporation Plaintiff, vs. John T. Killeen and Heather M. Killeen, Defendants, at Execution Number 08-7298 in the amount of$103,375.69. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten(10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By c � ! Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412)281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate lying and being in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Beale Avenue 94.5 feet more or less east of the northeast comer of the intersection of Beale Avenue with First Avenue; thence northwardly along the line of Lot. No. 42, Section B on the hereinafter mentioned Plan of Lots, 150 feet to the southern line of Sharon Alley;thence eastwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Section B; thence southwardly along the line of Lot No. 39, Section B, 150 feet to the northern line of Beale Avenue; thence westwardly along the northern line of Beale Avenue 50 feet to a point,the place of BEGINNING, BEING Lots No. 40 and 41, Section B, on the Plan of Lots laid out by Arthur R. Ruplcy and recorded in the Recorder of Deeds Office in Deed Book 0,Volume 6, Page 600. BEING the same premises which Richard J. Stewart and Darlene E Stewart, his wife by Deed Dated October 12, 2000 and recorded in the Office of the Recorder of Cumberland County on October 13, 2000 at Deed Book Volume 231, Page 202, granted and conveyed unto John T. Killeen and Heather M. Killeen, his wife. KNOWN and numbered as 5 East Beale Avenue, Enola, PA 17025 GRENEN& BIRSIC, P.C. Kristine M. Anthau, Esquire Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Parcel #09-15-1291-228 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 08-7298 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LL,s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff(s) From JOHN T.KILLEEN and HEATHER M.KILLEEN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $75,111.96 L.L.: Interest from 1/23/09 to sale -- $28,263.73 Atty's Comm: Due Prothy:$2.25 Atty Paid: $1,063.88 Other Costs: Plaintiff Paid: Date: 4/8/13 David D.Buell,Prothonotary (Seal) "N .��, REQUESTING PARTY: Name: KRISTINE M.ANTHOU,ESQUIRE Address: GRENEN&BIRSIC,P.C. ONE GATEWAY CENTER,NINTH FLR PITTSBURGH,PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 15222 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-01-F IC : Jody S Smith �tiS�xsq pt a ra � r��� �i`i� PRO T190 Chief Deputy 1613 JUL -2 PM -2: 46 Richard W Stewart x Solicitor orr,CEOF THE SRERIrr CUMBERLAND COU14TY PENNSYLVANIA Chase Home Finance LLC vs. Case Number John T Killeen (et al.) 2008-7298 SHERIFF'S RETURN OF SERVICE 05/31/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $109.87 SO ANSWERS, x2z July 01, 2013 RON R ANDERSON, SHERIFF ic;CouniySuife Sheriff,Tcleosoft,Inc. y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of John T. Killeen and Heather M. Killeen, located at 5 East Beale Avenue, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DBV 231, PAGE 202, AND PARCEL #09-15-1291-228. 1. The name and address of the owners or reputed owners: John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue Enola, PA 17025 2. The name and address of the defendants in the judgment: John T. Killeen 5 East Beale Avenue Enola, PA 17025 Heather M. Killeen 5 East Beale Avenue 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 Home Finance LLC, s/b/m/t PLAINTIFF Chase Manhattan Mortgage Corporation 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, s/b/m/t PLAINTIFF Chase Manhattan Mortgage Corporation CitiFinancial Inc. 3401 Hartzdale Drive Site 126 Camp Hill, PA 17011 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 tr 7. The name and address of every other person whom the plaintiff has 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 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 unsworn falsification to authorities. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND�� ,�SUBSCRIBED BEFORE , ME THIS DAY OF 2013. Notary Public COMMONWEALTL OF PENvNSYLVANIA Notarial`-V�^ Man/Beth Ackerr,n, �Iou n/public City of PiltsDurgh,Alleahe!iy COU11ty My Commission Expires March 16,2015 FiEMSER,PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NOTICE OF SHERIFFS SALE OF REAL ESTATE TO: Heather M. Killeen 5 East Beale Avenue 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 in the Cumberland County Courthouse Commissioners Hearing Room,2nd Floor 1 Courthouse Square Carlisle, PA 17013 on September 4,2013, at 10:00 A.M.,the following described real estate, of which John T. Killeen and Heather M. Killeen are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBOR0 TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DBV 231, PAGE 202, AND PARCEL #09-15-1291-228. The said Writ'of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC,s/b/m/t Chase Manhattan Mortgage Corporation Plaintiff, vs. John T. Killeen and Heather M. Killeen, Defendants, at Execution Number 08-7298 in the amount of$103,375.69. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten(10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, vs. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate lying and being in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Beale Avenue 94.5 feet more or less cast of the northeast comer of the intersection of Beale Avenue with First Avenue; thence northwardly along the line of Lot. No. 42, Section B on the hereinafter mentioned Plan of Lots, 150 feet to the southern line of Sharon Alley; thence eastwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Section B; thence southwardly along the line of Lot No. 39, Section B, 150 feet to the nor-them line of Beale Avenue; thence westwardly along the northern line of Beale Avenue 50 feet to a point,the place of BEGINNING. BEING Lots No. 40 and 41, Section B, on the Plan of Lots laid out by Arthur R. Rupley and recorded in the Recorder of Deeds Office in Deed Book 0, Volume 6, Page 600. BEING the same premises which Richard J. Stewart and Darlene E Stewart, his wife by Deed Dated October 12, 2000 and recorded in the Office of the Recorder of Cumberland County on October 13, 2000 at Deed Book Volume 231, Page 202, granted and conveyed unto John T. Killeen and Heather M. Killeen, his wife. KNOWN and numbered as 5 East Beale Avenue, Enola, PA 17025 GRENEN & BIRSIC, P.C. Kristine M. Anth oru, Esquire Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Parcel #09-15-1291-228 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: John T. Killeen 5 East Beale Avenue 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 in the Cumberland County Courthouse Commissioners Hearing Room,2nd Floor I Courthouse Square Carlisle, PA 17013 on September 4,2013, at 10:00 A.M., the following described real estate, of which John T. Killeen and Heather M. Killeen are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN T. KILLEEN AND HEATHER M. KILLEEN, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 EAST BEALE AVENUE, ENOLA, PA 17025. DBV 231, PAGE 202, AND PARCEL#09-15-1291-228. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation Plaintiff, VS. John T. Killeen and Heather M. Killeen, Defendants, at Execution Number 08-7298 in the amount of$103,375.69. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30)days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. GC.c �� Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 08-7298 Plaintiff, VS. JOHN T. KILLEEN and HEATHER M. KILLEEN, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate lying and being in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Beale Avenue 94.5 feet more or less east of the northeast comer of the intersection of Beale Avenue with First Avenue; thence northwardly along the line of Lot. No. 42, Section B on the hereinafter mentioned Plan of Lots, 150 feet to the southern line of Sharon Alley; thence eastwardly along the southern line of Sharon Alley 50 feet to the line of Lot No. 39, Section B; thence southwardly along the line of Lot No. 39, Section B, 150 feet to the northern line of Beale Avenue; thence westwardly along the northern line of Beale Avenue 50 feet to a point, the place of BEGINNING. BEING Lots No. 40 and 41, Section B, on the Plan of Lots laid out by Arthur R. Rupley and recorded in the Recorder of Deeds Office in Deed Book 0, Volume 6, Page 600. BEING the same premises which Richard J. Stewart and Darlene E Stewart, his wife by Deed Dated October 12, 2000 and recorded in the Office of the Recorder of Cumberland County on October 13, 2000 at Deed Book Volume 231, Page 202, granted and conveyed unto John T. Killeen and Heather M. Killeen, his wife. KNOWN and numbered as 5 East Beale Avenue, Enola, PA 17025 GRENEN & BIRSIC, P.C. By Kristine M. Anth6u, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Parcel #09-15-1291-228 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 08-7298 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LL,s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, .Plaintiff(s) From JOHN T. KILLEEN and HEATHER M.KI.LLEEN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE.LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $75,111.96 L.L.: Interest from 1/23/09 to sale -- $28,263.73 Atty's Comm: Due Prothy:52.25 Atty Paid: $1,063.88 Other Costs: Plaintiff Paid: Date: 4/8/13 David D.Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: KRISTINE M.ANTHOU,ESQUIRE Address: GRENEN& BIRSIC,P.C. TRUE COPY FROM RECORD ONE GATEWAY CENTER,NINTH FLR In Testimony whereof,I here unto set my hand and the seal of said at Carlisle,Pa. PITTSBURGH,PA 15222 t Ttus d of ,20 1_ Prothonotary Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 15222 On April 24, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, 7s'-nown and numbered as, 5 East Beale Avenue, Enola Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 24, 2013 By: Real Estate Coordinator t Z� :Z d b- 8dtl £107