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HomeMy WebLinkAbout01-1384 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, Plaintiff, vs. ISSUE NO.: DENNIS G. KENNEY and MICHELLE M. WALDRON, TYPE OF PLEADING: Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE CODE- FILED ON BEHALF OF PLA~TIFF: Chase Mo~gage Comply COUNSEL OF RECORD FOR THIS Kristine M. Faust, Esquire Pa. I.D. #77991 Firm #023 One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. NOTICE TO DEFEND You have been sued in court, If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4ti' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: O l-13 ov ff ~ 7"-xw,,~ Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Mortgage Company, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiffis Chase Mortgage Company, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219. 2. The Defendants are Dennis G. Kenney and Michelle M. Waldron, individuals whose last known address is 72 Bali Hal Road, Mechanicsburg, Peunsylvania 17055. 3. On or about April 23, 1987, Defendants executed a Note in favor of Commonwealth Mortgage Company America, L.P. ("Commonwealth"), in the original principal amount of $74,268.00. 4. On or about April 23, 1987, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Commonwealth a Mortgage in the original principal amount of $74,268.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 24, 1987, in Mortgage Book Volume 861, Page 513. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Commonwealth assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Carteret Savings B~mk ("Carteret") pursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on March 30, 1988, at Mortgage Book Volume 348, Page 85. 6. Carteret assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Chase Manhattan Mortgage Corporation ("CMMC") pursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on April 1, 1996, at Mortgage Book Volume 516, Page 931. 7. CMMC assigned ~dl of its right, title and interest in and to aforesaid Note and Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on March 15, 1999, at Mortgage Book Volume 606, Page 842. 8. Defendants are the record and real owners of the aforesaid mortgaged premises. 9. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the November 1, 2000 payment. 10. Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. § 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12U.S.C. §§1707-1715z-18) [35 P.S. §1680.401C(a) (3)]. 11. Plaintiffwas not required to send Defendants written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. § 101 and Defendants are not "residential mortgage debtors" as defined in 41 P.S. § 101. 12. The amount due and owing Plaintiff by Defendants is as follows: Principal $53,689.26 Interest through 3/1/01 $ 2,013.35 Late Charges through 3/1/01 $ 113.40 Other fees $ 64.00 Attorneys' fees $ 800.00 Title Search, Foreclosure and Execution Costs $ 1,500.00 TOTAL $58,180.01 WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure for the amount due of $58,180.01, with interest thereon at the rate of $13.24 per diem from March 1, 2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: Kri~ne M. Faust, Esquire Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" P.R;~ARg D ~l~tu~.~e~ 23RD d~of APRIL ,19 87 ,~ s~cxistJ~u~der~JA~ TH8 ~TAT~ OF DELA~AR~ 600 SOU~ AYK~ ~BS~ V~S~K~D, ~ ~KS~Y O?09L ~ ~ wilblmem~lfmmdate..t~eateof N~[~E ARD O0000/lOOOO0 percem~m ~blc~the~e~ CO~MON~ALT~ MORTBAG~ CORPANY OF AMERICA, L.P. 600 $OUZH I ~ESTFIZ~D, NE~ JEESEY 07091 ,or~s~~m~i~in~i~.~ ~~of HAY ~ d~ by I~ ~mz ~n, BOROUGH ~ORNL~YSBURG C~NBE~AKD · TXE ~/7. T~XH MORTOAOE 'rs A FXR.qT PL1RCHASE ~t0~gY MORTGAGE, CONSIDERATION FOR WHICH CONSTITUTES A PAR~ OF THE ~URCXAS~ ~RZCE O~ THE ASOVE DESC~ZBBD PROPERTY. BEEBO THE SANE PREMISES CONVBYSD TO THE NOR~GAGOR$ B~ DEED FROK 0 GUTSHALL, J~ OF EVEN DATE~ ~O BE RgCORD~D S~XULTA~EOUSLY 00Y566~ ~e got thie F~X on Server~ at: 02/28/2001 12:~PM Page: 5 ~ ~fl~, ~ fl~ M~p~e m .d for ~e ~ ~ u~ ~ railu~ of me h~r ~fm ~i~ chis ~ or ~ other ~ ~c.~u~d ~, ~ Mo~ ~ C~ct a "lute chic" delinq~m ~b~d~ evi~d ~ ~ ~id ~e, ~ ~ li~ a,d ~ t~ ~ ~ If the t~l o( ~ ~s m~ by ~ M~a~ u~ M~, t~r wi~, ~d i* ~d~i~ m, t~ m~ ~ of ~mm~ to ~ ~* ~ ~ ~a~, ~ ~fun~ ~ the Mon~r. We 9or this FgX on ServerA at: 02/28/2001 12:3~PM Page: ~ shall ~ I~ m all ~. Si~, ~a~d, ~ ~li~d ~ ;~ ~ ~- 0075662~ 007~66~8 S08SCRZB~KK .~ 07091 ~ APRZL ,A,D* 19 87 ,~, ~~ DENNis ~. KENNgY AND BALA-CYN~YD, PKNNSYLVANXA We got this F~X on Server~ at: 02/28/2001 12:3qPM Page: 8 o£ ~o~m~eysbu~g~ Cuaber[aJld County, Pennsylvania, ~n accordance with, a survey by Oe~lt J. Bet~, Registered Surveyor~ da~ed June ,, ~972 and being more p~rtlcula~ly bounded and described as follows, , BEQINN[NG a~ a point on the e~terly line O~ North 2nd Street, said point be~n& 2~0 See~ from the northeastern corneP o£ 2nd Street and Elm ~=ree= mea=ured in a southeasterly direction; ; =~enee extending North q5 de&reef i3 mtnu~es West 2~ a[on& the easterly line o£ North 2nd Street; thence extending No~h ~8 degree= ~? m£nu:e~ East ~50 Feet through ~he cancer line o£ a partition wal[ and beyond between Lo~ ~0 an~ Lot 8~ to a hub on the western ltne of Rlve~ Alley; thence extendin~ ~outh h5 de&Peas 13 mlnu~es ~ast 25 feet along the western line 0£ River Alley to a hub; ~hence ex~ending South 44 degrees 47 minutes Wes~ 150 feet alon~ =he div&ding l~ne De=ween Lots §§ and 89 on ~he hereina£~e~ mentioned Plan o£ Lees ~o a hub, ~he poin~ and Plaoe of BEIN~ Lo~ No. 89~ PI~ No. 3 of ~dgewa~er, ~corded In the Cumbe~l~d ~un~ Reoorde~ o~ ~eds 0~fice in Pi~ P~e RAVING ~S~ON E~C~D a ~wo (2) s~o~y b~lek dwelling and deD&ohed fr~e garsEe ~own ~d n~ered as 421 No~h 2nd ~tree~. ~.. We got this FRX on Server~ at: 02/28/2001 12:5~PH Page: 9 · ~' 007~S6628 SECURITY INSTRUMENT RIDC.-I~ THIS RIDER to tho Security Instrument is znade thi~ day of ' 1987 ~ and ts Incorporated into and ~h~li bo doomed ~o emend and =u~plumcnt tho give~ by t~e ~dersigned (~he "Barrett") te secure 8or~ower's Note to (the "Lend,r") 0r the same date end covering the Property described in the Security Instrument La which this Rider is attached, The Security Znatrument to which this ~Idar ie attached shall ,he emended by adding therete Lhe fo[lowing described Paragraph.' "The mortgagee' shall, with the prior approval of the Federal Housing Cammi=siener, er hie designee, declare ali mums secured by this mortgage to be immediately due and payable if ell or o part of ~e property is sold ar otherwise transferred (other than by devise, descent or operation of law).by Lbo mortgager, pursuant to a contract of sale exeedtod not later then 2b, months after the date af oxecuticn .J' of' this mortgage or not tar. er than Zt$ manthe after the date of a pr~or transfer of the property subject to ti;ia mortgage, to purchaser whos~ credit has not been approved in accordance with the raquireman~ of the Cornmissiol~er.~r BY SIGN:NG BELOW~ Borrower accoptc and agrees to tho terms and provisions cor~tainad In this Security Inslrument Rider. C~q~ST0~ER SII~P , Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 15 Pa. C.S.A. Section a,904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are nme and correct to his information and belief. CHRISTOPHER STUMP ~ Assistant S~S~&~retaty Grenen & Birsic, P.C. Verification SHERIFF'S RETURN - REGULAR CASE NO: 2001-01384 P COMMONWEALTH OF PENNSYLVanIA: COUNTY OF CUMBERLAND CHASE MORTGAE COMPi~NY VS KENNEY DENNIS G ET AL WILLIAM DEIHL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KENNEY DENNIS G the DEFENDANT at 0018:45 HOURS, on the 14th day of March 2001 at 72 DALI HAI ROAD MECHANICSBURG, PA 17055 by handing to MICHELLE WALDRON (WIFE) 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: So Answers: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.20 03/15/2001 GRENEN & BIRSIC Sworn and Subscribed to before~ By: D~~u~ me this ~2~ ~ day of .Z l A.D. thonotary SHERIFF'S RETURN - REGULAR CASE NO: 2001-01384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAE COMPANY VS KENNEY DENNIS G ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALDRON MICHELLE M the DEFENDANT at 0018:~t5 HOURS, on the 14th day of March , 2001 at 72 BALI HAI ROAD MECHANICSBURG, PA 17055 by handing to MICHELLE WALDRON a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: oc e.n .00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 03/15/2001 GRENEN & BIRSIC Sworn and Subscribed to before By: e~puty~S(h'~~ me this ~ day of D A.m. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY, CIVIL DIVISION ) Plaintiff, No.: 01-1384-CIVIL VS. ISSUE NUMBER: DENNIS G. KENNEY and MICHELLE M. WALDRON, TYPE OF PLEADING: Defendant. PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) CODE- FILED ON BEHALF OF PLAINTIFF: Chase Mortgage Company COUNSEL OF RECORD FOR THIS PARTY: I hereby certify that the Kristine M. Faust, Esquire address of Plaintiff is: Pa. I.D. #77991 3415 Vision Drive Columbus, Ohio 43219 GRENEN & BIRSIC, P.C. the last known address of One Gateway Center Defendants is: Nine West 72 Bali Hal Road Pittsburgh, PA 15222 Mechanicsburg, PA 17055 (412) 281-7650 GRESEN & BIRSIC, Attorne'~ys for ~Plainti~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, No.: 01-1384-CIVIL VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendant. PRAECIPE FOR DEFAULT IUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Dennis G. Kenney and Michelle M. Waldron, in the amount of $58,974.94, which is itemized as follows: Principal $53,689.26 Interest to 4/17/01 $ 2,627.84 Late Chargesto 4/17/01 $ 141.84 OtherFees $ 216.00 Attorneys' fees $ 800.00 Title Search, Foreclosure and Execution Costs $ 1,500.00 TOTAL $58,974.94 with interest on the principal sum at the rate of $13.24 per diem from April 17,2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and tbr foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. Kristine M. Faust, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON.MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT IUDGMENT 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. Faust, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this IC~ day of ~)~.'~.(~ ,2001. Notary Public NotadsI Seal Patricia A, Townsend, NOt~a~y Public Pittsburgh, Allegheny ~ My Commission Expires June 2, 2003 Member, t%nneylvanla AsSooiati0n of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, No.: 01-1384-CIVIL VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. TO: Dennis G. Kenney 72 Bali Hai Road Mechanicsburg, PA 17055 DATE OF NOTICE: April 6, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 GRENEN & BIRSIC, P~.C. ~ ~--~p~ttm~neys for~a~tiff One GateWay Center, Nine West Pittsburgh, PA 15222 FIRST CLASS MAIL, POSTAGE PREPAID (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, No.: 01-1384-CIVIL VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. TO: Michelle M. Waldron 72 Bali Hai Road Mechanicsburg, PA 17055 DATE OF NOTICE: April 6, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 ORENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 FIRST CLASS MAIL, POSTAGE PREPAID (412) 281.7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, No.: 01-1384-CIVIL VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendant. NOTICE OF ORDER, DECREE OR IUDGMENT TO: Dennis G. Kenney 72 Bali Hal Road Mechanicsburg, PA 17055 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $58,974.94 with interest on the principal sum at the rate of $13.24 per diem from April 17, 2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and tbr foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY, CIVIL DIVISION Plaintiff; No.: 01-1384-CIVIL VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendant. NOTICE OF ORDER, DECREE OR IUDGMENT TO: Michelle M. Waldron 72 Bali Hal Road Mechanicsburg, PA 17055 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $58,974.94 with interest on the principal sum at the rate of $13.24 per diem from April 17,2001, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment (×) Other Chase Mortgage Company File No. 01-1384 CIVIL vs. : Amount Due $58,974.94 Dennis G. Kenney and : Interest $ 2,342.50 (4/17/01 to Sale) Michelle M. Waldron : Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original 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 CU'MBERLAND County, for debt, interest and costs, upon the following described property of the defendant(s) Single-family Dwelling at 421 North 2nd Street, Wormleysburg, PA 17043 PLEASE SEE ATTACHED LEGAL DESCRIPTION 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 /-/'/J~,,//J / Signature: (,~. c,~,'~~ Print Name: Kristine M. Faust Grenen & Birsic, RC. Address: On{ Gateway Center, Nine West Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: 77991 (ever) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. LONG FORM DESCRIPTION ALL that certain lot or tract of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated June 8, 1972 and being mom particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly line of North 2"d Street, said point being 250 feet from the northeastern comer of North 2nd Street and Elm Street measured in a southeasterly direction; thence extending North 45 degrees 13 minutes West 25 feet to a hub along the easterly line of North 2"~ Street; thence extending North 44 degrees 47 minutes East 150 feet through the center line of a partition wall and beyond between Lot No. 90 and Lot No. 89 to a hub on the western line of River Alley; thence extending South 45 degrees 13 minutes East 25 feet along the western line of River Alley to a hub; thence extending South 44 degrees 47 minutes West 150 feet along the dividing line between Lots No. 88 and 89 on the hereinafter mentioned Plan of Lots to a hub, the point and place of the beginning. BEING Lot No. 89, Plan No. 3 of Edgewater, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 71. HAVING thereon erected a 2 story brick dwelling and detached frame garage known as and numbered 421 North 2"a Street. BEING the same premises which Merle O. Gutshall, Jr., by Deed dated April 23, 1987 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 24, 1987, in Deed Book Volume P32, Page 825, granted and conveyed unto Dennis G. Kenney and Michelle M. Waldron. GRENEN & BIRSIC, P.C. KristifiwM. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 47-19-1588-096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Mortgage Company, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Dennis G. Kenney and Michelle M. Waldron located at 421 N. 2"d Street, Wormleysburg, PA 17043 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DENNIS G. KENNEY AND MICHELLE M .WALDRON OF, 1N AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN WORMLEYSBURG BORG, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 421 N. 2"a STREET, WORMLEYSBURG, PA 17043. DBV P32, PAGE 825, AND PARCEL #47-19-1588-096. 1. The name and address of the owners or reputed owners: Dennis G. Kenney 72 Bali Hai Road Michelle M W aldron Mechanicsburg, PA 17055 2. The name and adch:ess of the defendant in the judgment: Dennis G. Kenney 72 Bali Hai Road Michelle M Waldron Mechanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Mortgage Company [PLAINTIFF] 4. The nmne and address of the last record holder of every mortgage of record: Chase Mortgage Company [PLAINTIFF] 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Inheritance Tax Division Bureau of Individual Taxes Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. §4904 relating to unswom falsification to authorities. GRENEN & BIRSIC, P.C. Krist)ne M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ 4~ day of 'J(~(~ ~t~( ,2001. Notary Public Notarial Seal I Rebecca G. Blazina, Notary Public Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association ot Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, NO.: 01-1384 CIVIL VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEe. 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. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. § 1680.403C (ttomeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act ( 12 U. S .C. § § 1701 - 1715 z- 18 ) [35 P.S. § 1680.401C(a)(3)]. Additionally, Plaintiff was not required to send Defendant written notice of PlaintifPs intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. § 101 and Defendant is not a "residential mortgage debtor" as defined in 41 P.S. § 101. SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ DAY OF ~]v[~,~ ,2001. Notary Public t~ Notarial Seal I Rebecca G, Blazina, Notary Public Pittsburgh, Allegheny County 3 My Commission Expires June 2, 200 Member, Pennsylvania Ass~iation el Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, 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. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 421 North 2nd Street, Wormleysburg, Pennsylvania 17043 are Defendant, Dennis G. Kenney and Michelle M. Waldron, who reside al 72 Bali Hai Road, Mechanicsburg, Pennsylvania 17055, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE METHIS X~q[DAYOF Jl,(i¢ ,2001. Notary Public Notarial Seal Rebecca G. Blazina, Nota~ Public Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association el Notafles IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Dennis G. Kenney 72 Bali Hai Road Mechanicsburg, PA 17055 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale at the Cumberland County Courthouse Commissioners Heating Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on Wednesday, September 5, 2001 at 10:00 A.M., the following described real estate, of which Dennis G. Kenney and Michelle M. Waldron are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DENNIS G. KENNEY AND MtCHELLE M .WALDRON OF, 1N AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN WORMLEYSBURG BORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 421 N. 2na STREET, WORMLEYSBURG, PA 17043. DBV P32, PAGE 825, AND PARCEL #47-19-1588-096. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Mortgage Company, Plaintiff, VS. Dennis G. Kenney and Michelle M. Waldrnn, Defendants, at Execution Number 01 - 1384 in the amount of $61,317.44. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Com't to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. BY:~isC~e ~ ~ ~s e .Fa t E mr Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, ) ) NO.: 01-1384 CIVIL Plaimiff, ) ) ISSUE NUMBER: VS. ) DENNIS G. KENNEY and ) TYPE OF PLEADING: MICHELLE M. WALDRON, ) Pa. R.C.P. RULE 3129.2(c) ) AFFIDAVIT OF SERVICE Defendants. ) DEFENDANTS/OWNERS ) ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Mortgage Company ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M. Faust, Esquire ) Pa. I.D. #77991 ) ) ) GRENEN & BIRSIC, P.C. ) One Gateway Center ) Nine West ) Pittsburgh, PA 15222 ) (412) 281-7650 ) Sale Date: 9/5/01 ) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.:01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Faust, Esquire, Attorney for Plaintiff, Chase Mortgage Company, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on September 5, 2001 as follows: 1. Dennis G. Kenney and Michelle M. Waldron are the owners of the mai property and have not entered an appearance of record. By letter dated June 11,2001, the undersigned counsel served Defendant, Dennis G. Kenney, with a true and correct copy of Plaintifl~s notice of the sale of real property by certified mail, return receipt requested, addressed to Dennis G. Kenney, 72 Bali Hai Road, Mechanicsburg, PA 17055. On or about June 13, 2001, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriffs Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached hereto and made a part hereof. 3. By letter dated June 11, 2001, the undersigned counsel served Defendant, Michelle M. Waldron, with a tree and correct copy of Plaintif£s notice of the sale of real property by certified :mail, return receipt requested, addressed to Michelle M. Waldron,72 Bali Hai Road, Mechanicsburg, PA 17055. On or about June 13, 2001, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff's Sale. A tree and correct copy of the returned certified mail receipt, is marked Exhibit "B", 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. Kristine M. Faust, Esquire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS ~7~ DAY OF A{~((,p[l.S-~ ,2001. Notary Public~ Exhibit "A" · Complete items 1, 2, and 3. Also complete A. Received item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, X Agent or on the front if space permits. ~ i ~'C~ i C~"~"~1 t ~'f'q Regist;dre~aillnsured Mai, n~ Return Receipt for Mer~andiSeC.O.D. ! / / /~-'~ 4. Restdcted Delivery? (Ex~ra Fee) [~'Yes' 2. Article Number (Copy from service labe/)____ PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 Exhibit "B" · Complete items 1, 2, and 3. Also complete A. Received b' item 4 if Restricted De,ivory is desired. "Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mai{piace, X ~nt or on the front if space permits, i~ AdrJressee D. Is delivery from item 1 ) Yes 1. Article Addressed to: If YES, ] No ~ Insured Mail ~ C.O.D. PS Form 3811, July 1999 Domestic Return Receipt Chase Mortgage Company In The Court of Common Pleas of VS Cumberland County, Pennsylvania Dennis G. Kenney and Writ No. 2001-1384 Civil Term Michelle M. Waldron R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Kristine M. Faust. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 16.90 Levy 15.00 Advertising 15.00 Certified Mail 2.40 Poundage 215.60 Postpone Sale Law Journal 311.90 Patriot News 225.60 $904.56 paid by attorney 8/31/01 Sworn and subscribed to before mef~-~ ~ ~~~~ This /0 ~: day of ~ R. Thomas Kline, Sheriff Prothonotary te Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY', NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Mortgage Company, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Dermis G. Kenney and Michelle M. Waldron located at 421 N. 2nd Street, Wormleysburg, PA 17043 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DENNIS G. KENNEY AND MICHELLE M .WALDRON OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN WORMLEYSBURG BORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 421 N. 2nd STREET, WORMLEYSBURG, PA 17043. DBV P32, PAGE 825, AND PARCEL #47-19-1588-096. 1. The name and address of the owners or reputed owners: Dennis G. Kenney 72 Bali Hai Road Michelle M Waldron Mechanicsburg, PA 17055 2. The name and address of the defendant in the judgment: Dennis G. Kenney 72 Bali Hai Road Michelle M Waldron Mechanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Mortgage Company [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Mortgage Company [PLAINTIFF] 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Inheritance Tax Division Bureau of Individual Taxes Dept. 280601 Harrisburg, PA 17128-0601 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 unswom falsification to authorities. GRENEN & BIRSIC, P.C. Kristhae M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before methis ~'~'dayof J(~i_~(~ ,2001. Notary Public / Notarial Seal Rebecca G. Blazine, Notary Public Pittsburgh, _A~Je~heny County My Commission expires June 2. 2003 Mernbe~, Pennsytvania Associat~n ol Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Michelle M. Waldron 72 Bali Hai Road Mechanicsburg, PA 17055 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale at the Cumberland County Courthouse Commissioners Hearing Room, 2~d Floor 1 Courthouse Square Carlisle, PA 17013 on Wednesday, September 5, 2001 at 10:00 A.M., the following described real estate, of which Dennis G. Kenney and Michelle M. Waldron are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DENNIS G. KENNEY AND MICHELLE M .WALDRON OF, 1N AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED 1N WORMLEYSBURG BORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 421 N. 2~a STREET, WORMLEYSBURG, PA 17043. DBV P32, PAGE 825, AND PARCEL #47-19-1588-096. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Mortgage Company, Plaintiff, VS. Dennis G. Kenney and Michelle M. Waldron, Defendants, at Execution Number 01-1384 in the mount of $61,317.44. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Shefiffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint: and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this fight you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE; OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By:-. / vv_vC & Krist~e M. Faust, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. LONG FORM DESCRIPTION ALL that certain lot or tract of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated June 8, 1972 and being more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly line of North 2"d Street, said point being 250 feet from the northeastern corner of North 2"d Street and Elm Street measured in a southeasterly direction; thence extending North 45 degrees 13 minutes West 25 feet to a hub along the easterly line of North 2"d Street; thence extending North 44 degrees 47 minutes East 1 $0 feet through the center line of a partition wall and beyond between Lot No. 90 and Lot No. 89 to a hub on the western line of River Alley; thence extending South 45 degrees 13 minutes East 25 feet along the western line of River Alley to a hub; thence extending South 44 degrees 47 minutes West 150 feet along the dividing line between Lots No. 88 and 89 on the hereinafter mentioned Plan of Lots to a hub, the point and place of the beginning. BEING Lot No. 89, Plan No. 3 of Edgewater, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 71. HAVING thereon erected a 2 story brick dwelling and detached frame garage known as and numbered 421 North 2"~ Street. BEING the same premises which Merle O. Gutshall, Jr., by Deed dated April 23, 1987 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 24, 1987, in Deed Book Volume P32, Page 825, granted and conveyed unto Dennis G. Kenney and Michelle M. Waldron. GRENEN & BIRSIC, P.C. Kristifle~M. Faust, Esquir~"- Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 47~19-1588-096 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-1384 CIVIL ~ TERv~ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF O.~nberland COUNTY: To satisfy the debt, interest and costs due C~.ase Hortgacje Company PLAINTIFF(S) from Dennis G. Kenney and Michelle M. Waldron, 421 North 2nd Street, Wormleysbur9, PA 17043 DEFENDANT(S) (1) You are directed to levy upon the property of the detendant(s) and Io sell See ~egal Descripfion (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/aro enjoined from paying any debt to or lot the account of the defendant(s) and from delivering any property of the defendant(s) or othenNise disposing thereof; (3) If properly 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/he rthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $58,974.94 L.L. S. 50 Interest S2,342.50 (4/17/01 to Sale) Due Prothy $1.00 Aay's Corem % Other Costs Arty Paid ' $122.20 Plaintiff Paid Date: June 11, 2001 Curtis R. ~on9 Prothonotary, Civil Division REQUESTING PARTY: Name Kristine M. Faust, Esq. Grenen & Birsic, P.C. Address: 0~o CattY. ay Center, Nine West Pittsburgh, PA 15222 Attorney for~ Plaintiff Telephone: 412-281-7650 Supreme Cou~ ID No. 77991 REAL ESTATE SALE No. ~ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No~587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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~liscellaneous Book Volume 14, Page 317. / PUBLICATION ~ ~'~. ............................................. COPY sworn to and subscribed ~~; 21T~;~t 2001 A.D. S A L E #31 ?e~y L, nua~4_, _ I i~,c.,e~n~le~E~,~w~e.~ ] NOTARY PUBLIC IVle~oer, Pennsy~,ama ^s~,oc~tion ~ Naa~commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 224.10 ~ Probating same Notary Fee(s) $ 1.50 Total $ 225.60 IIm .~,,,,,~:,,~,,; =,~.~,~=..~,~.,~ Publisher's Receipt for Advertising Cost -~..L,,. ~- I ne~J~ ~.., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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 period/cai published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 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. Roge! M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this Chase Mortgage Company 3 day of AUGUST, 2001 Dennis G. Kenney and ~-~,~ .~ ~d~,4 LOI8 E. ,~IYD~R, ALL that certaha lot or tract of land ~ ~}fO -- ~ [~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, ISSUE NO.: vs. TYPE OF PLEADING: DENNIS G. KENNEY and Praecipe to Settle and Discontinue MICHELLE M. WALDRON, without Prejudice Defendants. FILED ON BEHALF OF PLAINTIFF: Chase Mortgage Company COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. No.: 77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEYand MICHELLE M. WALDRON, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. Kristine M. Faust, Esquire Attorney for Plaintiff Sworn to and subscribed before me this ~l( day of ~"~/~/')~//..,~ ( ,2001. Not/~ry Public() I My ~ocnml.,~lon Explrea June 2, 2003 ! t,,'lerttDer. P'enn~y/ve, n~a ~,s~eca~Con of Nota~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, ISSUE NO.: vs. TYPE OF PLEADING: DENNIS G. KENNEY and Praecipe to Satisfy Judgment MICHELLE M. WALDRON, FILED ON BEHALF OF PLAINTIFF: Defendants. Chase Mortgage Company COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. No.: 77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY, NO.: 01-1384 CIVIL Plaintiff, VS. DENNIS G. KENNEY and MICHELLE M. WALDRON, Defendants. PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY SIR: Kindly mark the judgment satisfied in the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. Attorney for Plaintiff Sworn to and subscribed before me N~a~ Public< mmissi~ Expi~ Ju~ ~ ~