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Home My WebLink About01-1994 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. 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 4th 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-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.' ~'oo~- I q q"t Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE. Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219. 2. The Defendant is Shirley A. Dickey, an individual whose last known address is 6 Locust Lane, Mechanicsburg, Pennsylvania 17055. 3. On or about September 9, 1997, Defendant executed a Note in favor of First United Mortgage Services, Inc. ("First United"), in the original principal amount of $64,966.00. A tree and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about September 9, 1997, as security for payment of the aforesaid Note, Defendant made, executed and delivered to First United a Mortgage in the original principal mount of $64,966.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on September 17, 1997, in Mortgage Book Volume 1405, Page 446. A tree and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. First United assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on September 17, 1997, at Mortgage Book Volume 557, Page 443. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is 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. Defendant is due for the December 1, 2000 payment. 8. Plaintiff was not required to send Defendant 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)]. 9. Plaintiff was not required to send Defendant written notice of Plaintiff's 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. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $62,822.63 Interest through 3/27/01 $ 1,906.20 Late Charges through 3/27/01 $ 65.49 Other fees $ 64.47 Attorneys' fees $ 800.00 Title Search, Foreclosure and Execution Costs $ 1,500.00 TOTAL $67,158.79 WHEREFORE, Plaintiff demandsjudgment in mortgage foreclosure for the amount due of $67,158.79, with interest thereon at the rate of $12.91 per diem from March 27, 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. Krist'Irie 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" 41 I · .e · 41 . M,,[lis, ale NOTE LO~N NO. ~675810 441-549718-0 SEPTEMBER 9 199 6 CUST LANE MEC. ICSBURG, PA 1~055 I. PA~TI~S "B~rr~w=r" nl=~,~ ~ch p~r~o, ~i~,i,~ ~1 ~h ~nd nf lhi~ Nnl~, and lh~ p~r~(,~'~ ~ucc=~r~ ~n~ a~i~n~. "E~nd=r" m~,~ FIRST UNITED MORTGAGE SERVIC ~S, INC. 2. BORROWER'S PROMISE TO PAY; EST In rclurn tbr a loan received ~om Lender. ~r rrnwcr prnmiscs ~o pay the principal sum oo/~oo I)()llars (IJ.S. $ 64,966.00 ). pIt~ inft:rc.~f, f() IhL~ ()['cl~r ~)1' l.c,t(Icr. Inlurc.~f will hu chargucl ~)n tinpai(I principal, fi'()m Ih~ clal= ()f clisl~tlr~nlunl ()t'thu I()an hy L=ncl=r, at th~ ralc~ ()t' SEVEN AND ONE ~ALF p~rc~nl ( ~ · 500 %) p~r y~ar ~nli1111~ fi~ll amn~nl (~f' principal ha~ hewn paicl. ]. PROMISE TO PAY SECIIREI) B~rf'()w~r'~ prnmis~ t~) pHy i~ ~cur=d by a m, .~l.a~c., cl~(I ()1" Irt~l (~r ~imilar ~cttrily Jn~lrt~munt th~l i~ clal~d lhu ~HIn~ clal= ' 2' 2' ~ Ihi~ N(~lc ~n(I call~(I Ih~ "S~c~rily In~Irllnl~nl." Sec~rily In.~lrllmenl pl'(~l~c:l~ Ih~ L~n(l~r t'r()m I()~ which mi~hl r~i~ll if l{()rr()w=r cl~thull~ uncl~r thi~ N()I~. 4. MANNER OF PAYMI{NT (A) Time ~orf'()w=r ~hall mak~ a I~ayln=nl ()1' pr ncipal and inl=r=~l t() I..=ncl=r (,1 Ih= t'ir~l day ()t' =ach nl()nlh h=~innin~ (,1 NOVEMBER i , lgg? . Any p"in~ipal and inlcr~t r=mainin~ (,~ lh~. f]rsl tiny ()1' OCTOBER 1 202 ? . will h~ clt~ ()n filet cl~lu, which i~ ll~cl th~ "~tttrity Dal~." (R) Place PHym=nt ~h~ll h~ macl~Hl 4931 C ,LISLE PIKE, HECH~NICSBURG, p~ 17055 ()r at ~c:h plac~ as ~=ncl~r ln~y cle~iunale in wrilin,, (C) Am(rani Each m()nthly payment ()t' principal and ~fll=f'~t will I~= in Ih= anl()t~nl will hu p~rl ()f'a hr~er mnnlhly p~ynl=nt r=qui hy thu S~curity ln~lrum~nl, that ~hall I~u applied tn principal, int=rest anti (~lll~r ilunl~ in lhu nrcl=r (lu~crih=d in lhu Sucurily 1 l~lrunl=nl. (D) Alhm~e I() lhi.~ N(tle I%~r paTmenl a(~j~ il' ~n all()n~e pr()viclin~ t})r p~ymenl jll~tm~nl~ is ~x~cul~d I~y R()rr()w=r h)~=th=r with this N()t=. II1~ c()V~ll~llls ()f II1~ all()n~ ~hall h~ inc(~rp()r~tccl inl() anti ~hall an' ;~n(! Stll~l~l~ln~lll I!1~ c()v~nanz~ ()l' lllJ~ N()I~ a.~ it' ti1= HIInnu= w~f-= a part (~t' lhi~ N()I=. I Ch~ck ~pplic~l~l= I~()x I 5. BORROWER'S RIGHT TO PREPAY clay ()t' any m(~nlh, h~ncl=r ~hall accept pf'=paym~n ()n ()lh~r clay~ pr()vi(l~cl thal I~()rf'(~w=r pHy~ inl~r=~l (,1 th= anl(,~nl prepaid fi)r Ih= r=maincl~r ()f' thu In()nlh I() Ih= ~xl=nl r=quirc~d ~y L=ncl~r anti p~rmitt~d by I'~lllalJ()n~ ()t' thc S=cr~lat'y. It' I]()rr()w=r mak=s a p~rlial I~rCl~aym~fll, lh~f'~ will I~ n() ~han~c:~ in I ~ clt~ (lal~ ()r ill lh~ alll()llnl ()1' th~ fn()nlhl), i~aynl~lll unl=~ L~ncl~r a~r=e~ in "I IA MullJ.~lnlv I"Jx(,(I I{al(, Nnh,- I lI/U~ Initials: .'(A). L. le Clmrge I;,r ()ver(Jue I 'lis . -' "' Il'. l.cntlt:r hus m,I r~ccivcd Ibc Ii,Il ~..llhly imyllTcnl rcqt~irud I~y Ih~ Sccul'i nstrulTi~nt, as d~scril~d il] Parugraph -4(,C') c~l' this N~JI~, hy th~ ~ntl ~)l' IJlJ~cll cal~fltlar ays al'l~r Ih~ lmy~n~nl is du~, L~nd~r may c~ll~ct a lalc charg~ in Ih~ ~lll()tlllt ' ~t' FOUR i~u ~nt ( 4.0 0 0 %) ~t' tll~ ~v~,'du~ amount ,~1" ~ach imym~nt (B) l)elhull · If B~rrl~w~r tlelhulls hy thiling h)pay i~[Ihll any ~mmthly imYm~nt. Ih~n L~nd~r may. ~XCel)t as limited hy r~gulati~)n~ ~f' the Secretary in Ih~ case ~)1' Imy~cnl dclhulls. [Ctlt~ire i~cdialc Imy~ncnl in li~ll ~1' Ih~ principal halance remaining tlu~ and .11 accru~tl inlcr~sl. Lcntlur ~my chl.~sc ~1~)1 I~c~ rci.~e Ibis (~pli~m wilh~ml w. iving ils righls in the ~v~nt ~f any delhull. In many circumslancc~ r~gulati~ms issu,, hy the Sccrclary will li~nit Lcntlcr'~ rights It)require immediate pay~n~nt in tbll in th~ cas~ ~f' paym~nl del'hults. This N~I~ d~ :s n~t auth~riz~ acc~l~rati,m when m~t p~rmitted hy HUD r~gulutitms. As used in this N~t~, "5~cr~tary" ~n~.ns thc S~crctarv ~f' Fi ~usin- and Urhan Dcv~i~q~mcnt ~,-his ~r h~r d~sicn~. (C) i'ay~ent ()1' C()sls ai~l(J Exl)e:lsc~ it' Lender ha~ rutluircd imn]cdi.l~ Imyi I in thll..s dc.~cl'ibcd ab()vc. L~ildcr may r~quJf'~ B()rr()w~r t() pa~ c()sls and ~Xl)~nsc~ including r~a~()nahlc and cusl()lnal'~ alh I'nc~' l~c~ I~)t' cnfi)rcing II]is N()I~ t() Ih~ ~xtcnt n()l pr()hihit~d h~ applic.hlc law. 3uch t~s and c()s~s shall hear illlcrcsl fr()ln II c tlalc ()t' dishursC~]lcnl al Ih~ satnc I'al~ as th~ princiiml ()f lhis N()/c. 7. WA I VERS I~rn~w~r and .ny ~h~r I~rs~m wh~ h,s ~hl~,~.~s under Ih~s N~I~ wa~v~ Ih~ r~gh~s ~f pr~s~nlm~nl and m~t~c~ ~f d~sl.m~r. "Presenlm~nl" m~ans Ih~ riehl I~ r~qu~ Lender h~ d~mand imy~n~nl ~t'am~mnls du~. "N~t~c~ ~f d~sh~m~r" m~ans 8. GIVING OF NOTICES Unless aPl~l~cahl~ law r~qu~r~s a d~l'l~r~nl I.~d. any m~l~c~ Ihat musl h~ g~v~n ~ B~.'n~w~r under th~s N~I~ w~ll h~ ,.~v~n hy d~l~v~r~ng ~t ~r hy m.~l~n~ ~ hy firs~ class .~1 ~ B~rn~w~r a~ th~ pr~q~r~y address ah~w~ or at a d~t'lbrent address B~rn~w~r has ~v~n Lender a md~c~ ~' B~rr~w~r d~l'l~r~nl address. Any n~l~ thal musl h~ ~v~n ~ L~nd~r ur th~s N~d~ w~ll I~e ~v~n hy first ~iass mail t~ L~nd~r at th~ address s~at~d Paragraph 4(B) or al a d~ft~r~nl address ~' B~rr~w~,- ~s ~v~n a n~l~c~ ~' thai d~fl~r~nt address. 9. OBLIGATIONS OF PERSONS UNDER TH S NOTE if m~r~ limn on~ p~rs~m s~ns th~s N~,I~. ~ach p~rs~m ~s fi~lly and p~rs~mally ~hl~gal~d t~ k~p all ~f th~ primroses mad~ ~n lh~s N~d~, ~n~lud~ng Ih~ pn~m~s~ I~ pay lh~ fi~ll an.rani ~w~d. Any p~rs~m wh~ ~s a ~uaranl~.-, surety ~r ~nd~rser ~f Ih~s also ~l~l~al~d t~ d~ Ih~s~ Ih~n~s. Any p~rs~n wh~ luk~s ~w~r Ih~s~ ~hl~alhms. ~nclud~n~ Ihe ~d~l~athms of a guaranl~r, surely ~r ~nd~.'s~r ~f Ih~s Nol~. is als~ ~hl~al~d h~ k~p ~11 ~1' Ih~ pr~m~s~s mad~ ~n th~s N~,~. L~nd~r may ~nfi~r~ ~ts r~hts under N~I~ a~a~nsl ~ach p~rs~m ~nd~v~dually ~r a~a~nsl II s~nal~r~s I~lh~r. Any ~m~ p~rs~m s~n~n~ th~s N~t~ may h~ r~qu~r~d pay all ~t' Ih~ an. ranis ~v~d under Ih~s BY SIGNING BELOW, B~,m,wcr accci,~ts d agrees t~, thc terms and c~)vcnanls c()ntaint~d in this Note. · DICKEY ~ - P,,,,',',,w,~r (St:al) -B. rrowcr (St:al) - Borrowcr (St:al) PAY ?ITHOUT RECOURSE, TO THE ~ OF MELLON MORTGAGE CO. /.~ T UNITED MORTGAGE SERV_I.~ESI INC. -~'"'""~ '" 2 o, 2 '..,VI'I HOUT RECOURSE PAY TO THE ORDER OF ,, ' "- "- I - MELLON MORTGAGE COMPANY .... - CYNTHIA L. GRESSE'I'T. ASST. VICE PRE~ Exhibit "B" .." '..' .... :.' "' !i //, 75710 "' ' .... '" ~ : i.; " ;: 0 F i.", ~:' F.' ["~ ~'~i.~ .... ~1ANi'~ '~ ,-~". . ~': ~-'. , ......,, 0 i.i !'~ 'r v .. WItEN RECORDED RETURN TO '~7 Sir' 1'~ fl~ 10 .~ FIRST UNITED MORTGAGE SERV CES, INC. 4931 CARLISLE PIKE MECH~NICSBURG~ P~ 17055 [Sp~ce Ahnve Th~ Line F~ Rcc~wd~.~ Dnln[ ~late or Pen.~ylvnnh~ '~HA Ca~e No. LO~N NO. ~675810 441-549718-0 MORTGAGE THIS MORTGAGE ("Security Instnlment' ) is given on SEPTEMBER 9, 19 9 7 . The mortgagor is SHIRLEY A. DICKEY (" Bnrrnwer'). This Security Instrument is ,given tn FIRST UNITED MORTGAGE SERV]'CES, INC., which is ()r,,anized and existin,, under the l~ws r,t' COMMONWEALTH OF PA and wh¢,se address is 4931 CARLISLE PIKE MECHANICSBURG, PA 17055 ("Lender"). Borrower owe,.~'Le,der the pri,cipHI sum of -~ IXTY-FOUR THOUSAND NINE HUNDRED SIXTY-SIX AND 00 / 10:0 Dollars (U.S. $ 64,966.00 ). This debt is evidenced hy Borrower's note da cd thc same d;,te as this Security Instrument ("Note"). which provides fc, r monthly paymenls, with the full debt. if' not paid earlier, due and pa),ahlc ~,n OCTOBER 1· 2 02 7 . This Security Instrument secures tn Lender: (a) the rep:,yme, nt nf thc d~ht evidenced hy the Note. with interest, and all renewals, extensions and modif'icati~ms ~f' th~ N~t~' (l~) the payment ~t' all ~,ther sums. with interest, advanced under paragraph 7 tn protect thc security of this S ;curity Instrument; ami (c.) thc pert'~rmance nf Borrower's covenants and agreements under this Security Instrument an~l the N~te. F~r this ptlrp~se. B~rrnwer does hereby mortgage, grant and c~,nvey t~ Lender thc t~,ll~win.g tlescril~cd pr~pt rty I,~catctl in CUMBERLAND County. Pennsylvania' SEE ATTACHED DESCRIPTION which has the address of 6 LOCUST LAN E, MECHANICSBURG i.~;~ r,v,I I ¢::i~y I Pennsylvania 17 05 5 (" Pr(,perty Address"): [Zip C,,dcl ., : .:, . :, ~ ~ FIIAI'AMTI; ' Pngc I ,~1'7 · ,,' .. , · · · · · TOGETHER WITH all thc: i~ni'~:'(,vuinCnts m)w ()r hurcaftcr ¢:rc:cl~:d (m tl'¢ Proi)urly, and all casumcnl~, apl)Llrl¢llaliC¢~, · ,and fixlur¢~ now or hcrcal~r a part uf lh~ I)r,q)urlY. All rul)lacu~ncnt~ and ac dilion~ shall also h~ covcrud hy ~his ln~trumunt. All of th= fi):'u~oin~ is r=l~rrud It)in this Sucurity. Instrumunt as th,= "Prop=rty." BORROWER' COVENANTS that "' Bi.}rrt)wcr is lawl~tlly sciscd ()f thC :state hcrChy conveyed and has thc right to mortgage, ~ran't'' 'and '~t)h~¢y thc Prt)l)~'rt~. and that thc. Prt~l)¢rty is uncncu Lnl~¢rcd, cxc¢i)t tbr encumbrances of Burrt)wcr warralits 'and' will dct~nd ~¢ncrally thc title tt) thc Prtq~crty a~a nsf all claim~ and dctnands, subject 'to any encumbrances t)t' rout)rd. THIS SECURITY INSTRUMENT uomhincs unilbrm ct)vummts tbr n;.tiunal usu and non-ual/btm covenants with limitud variations by.jurisdiction to constitutu a uniti)rm sucurity instrument cc vuring rual prt)purty. Borrower and Lender covenant and a~r¢¢ as fi)ll()ws: UNIFORM COVENANTS. I. Payment ~f Pri~eipal, Interest and Late Charge. B()rr()wCr shi~ll pay when duC thC principal of. and intCr~st tm, thC debt evidenced I~y thC Nt)tc and late char~cs due under th~ N()I¢. 2. M~mthly Pay~el~t ~1' Taxes, ll~sura~ee, al~d Other Char~e~. B~)rr,)w~r shall includ~ in ~ach m(mthly payment. together with th~ principal and interest as set Ii)rrb in thc N()I¢ and any :lt~ char,,~s.., a sum ti)r (a) tax~s and special assessments I~viCd ()'r to h~ levied against thC Pr(q)~rty, th) leaseh~ld i)ay~n, nts {)r ground rents on thC Pr(~l)¢rty, and i)rCmiums fi)r insuranc~ required tllld~r Paragraph 4. In any year in which thC .Lander !ilust pay a mortgage insu.ranc¢ premium to th~ S~crCtary of H()using and Urhan Dcvclol)n~cnt ("Secretary"), t~r in any year in which such premium would haw be~n required if Lander still h~ld the S~curity Instrument. each m(mthly ,aymcnt shall also includ~ either: ti) a sum tbr th~ annual mortga~ insurance i)rcmium t()I~c paid hy L~ndCr to th~ Secretary, ()r (ii) a monthly charg¢ instead of a mortgage insuran~ premium if this Security Instrument is held by thc Secretary, in reasonable amount to b~ dCtCrminad by thC S~cr~tary. Except ti)r the ~mmthly charg~ I~y thC Secretary. these items ar~ :ailed "Escrow Items" and tha sums paid Lender ar~ called "Escrow Funds." Lender may, at ally time. c()llcct and bt)id ain()unts I~)r Escrow itCm~ in an ....~,,,,rCgat~ amount not to exceed the maximum amount that may he rCtlt~ircd lbr Borr()wCr's ~scrt)w accOtllll under thC Real Estate S~ttl¢ill¢ili Procedures Act of 1974, 12 U.S.C. ~ 9601_ ¢1 secI. and impl~n~ntinu, r~,,ulati~ms~ . 24 CFR Part 35~, as they may b~ amended from tim~ time ("RESPA"), except that th~ cushi~m ()r r¢scrv~ permitted i)y RESPA tk)r unanticipated dishurs¢mCnts or disbursements b~tbr¢ thC Burrower's payments arC availahl~' in the acc()unt may nut be based on amounts duC tbr thC ~nortgag~ insurance premium. If thC amounts h~ld by Lender tbr Escrow ltc~ns ~xcccd th~ amounts p~:rmittCd to b~ held by RESPA, L~nd¢r shall account to Borrower tbr thC ~xcCss thnds as rCtluir~d hy RESPA. If thC alllotl its of t~mds h~ld by L~ndCr at any time is not sufficient to pay th~ Escrow items when duC. Lender may m)ti/~ thC Borrower and rCquir¢ B()rrow~r to make up thC shorta,,e as p~rmitt¢d by RESPA. The Escrt)w Funds are pledged as additi(mai security ti)r all sums sccu by this Security Instrument. If the B()rrow~r tenders It) L~ntl¢r thC t~il payment ()t' all such sums. B(~rr()wcr's acc(rant shall h~ credited with thc hahmc¢ remaining fi)r all installment items (a), th). and (c) and any mt~rtgagc insurance prc~niu~n installment that Lender has not b~com¢ obligated to pay to the Secretary. and Lender shall i)r(~mptly r~lktnd any excess limds t() ~rr(~w~r. immediately prior to a tbr~closur¢ sale ()f thC Pr()pCrty ()r ils aCtluisiti(m by L~ndcr. B(,rr()wer's acc(~unt shall credited with any balance r~maining tbr all installments tbr items (a), (b) and (c). 3. Applicatii~n ~1' Payments. Ail payn]~nts under Paragraphs I and 2 shal be applied by Lender as tbliows' First, to thC mortgag~ insuranc¢ premium t() h~ paid by L~ndCr to th~ S~cr~tary or to thC monthly charge by thC S~cretary instead of thC monthly mortgage insuranc~ premium' Second. to any taxes, special assessments, leasehold payments ()r gro tnd r~nts, and fire, flood and other ha~rd insurance premiums, as r~quir~d; Third, to interest du~ under th~ Not~; Fourth, to amortization ()I' the principal ()f th~ N()t~; and ~i/ih, to lat~ charges duC tmd~r thC Note. 4. Fire, FIm~d and Other Hazatrd insurm~ce. Burrower shall insure all i )rovCmCnts on thC Property, wh~thCr now in ~xistence or subsequently erected, against any ha~rds, casualties, and ing~nciCs, including tire, tbr which Lender r~tluirCs insurance. This insuranc~ shall h~ maintained in thC amounts and fi: r thC p~riods that Lender r~tluirCs. Borrowar shall also insure all improvements un thC' Property, wh~thcr now in existence ~r subsequently erected, against loss by floods to thC extent required by thC Secretary. All insuranc~ shall he carried with c )mpani~s approved by Lender. Tho insurance policies and any renewals shall he h~ld by L~nd~r and shall include h)ss payahl clauses in thvor of, and in a Ibrm accCptabl¢ to, L~ndCr. a00 1405 · 7 FI IA PA.M'I'G Paga 2 ,~1'7 · In th~ ~vent of' loss, B,rrower shall uiv~ ...ncler imm~diat~ notice hy mail. b~nder may make proof of Io~s if not made promptly hy Borrower. Each insurance comp~ concerned i~ h~rehy auth~rized and directed to make payment for ~uch Io~, directly to Lender, in~tead of to B~rrower and m Lend~r.jointly. All or any part of the insuranco proceeds may he applied hy E~nder, at its option, either (a) to the red ~ of the indehteclne~ uncl~r the Note and thi~ Security Instrument, first to any d~linquent amount~ applied in the order in p~ra~raph 3, and th~n to prepayment of principal, or (h) to the r~toration or . r~pair of the damaged Property. Any applicati~m of th~ proceeds t~ th~ principal shall not ~xt~nd or postpon~ th~ du~ dat~ of the monthly payments which are r~t~rr~d to Paragraph 2, or chang~ the amm~nt of such payments. Any excess insuranc~ proceeds over an amount required to pay all t~utstanding indebtedness untl~r the Note and this Security Instrument shall paid to the entity legally entitled thereto. In the event of tbreclosure of this S~curi Instrumen~ or oth~r ~ranst~r of title to the Property that extinguishes the rower in and to insurance policies in three shall pass to tho purchaser. indebtedness, all right, title and interest of ;~nce and Pr~decti~m ~d' the Property; B~wrower's Loan Application; 5. Occupancy, ~ervatim~, Mni~ Leaseholds. Borrower shall occupy, ~stahlish, and us~ the Property as B~rrower's principal residence within sixty days after the execution of this Security Instrument (or ithin sixty days of a later sale or transtar of the Property) and shall continue to occupy the Property as Borrower's principal residence fi~r at least one y~ar after the date of occupancy, unl~gs Lender determines that r~uimment will cause undue hardship tbr Borrower. or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall otify Lender of any extenuating circumstances. Borrower shall not commit wast~ or destroy, damage or substantially ge the Pr~p~rty ~r all~w tl~e Pn~p~rty t~ d~teri~rate, r~asonahle wear and tear excepted. Lender may inspect the Property if Property is vacant ~r ahand-n~d or the I~an is in default. Lender may take reas~mahle acti(m to protect and preserve such vacant or =~l~anthmed Pr~q~erty. B~rr~wer shall also be in default if Borrower, during the loan applicati~m pr~cess, gave materially fi~lse ~r inaccum~ infi~rm.ti~m ~r statements t~ Lender (or t~iled pr~vitlo Lender with any material infi~rm~tion) in c~mnecli~m with th~ i~,,n evidenced hy lh~ Not~. including, I~ut n~l limited t~, repres~ntati(ms concerning Borr~xv~r's ~cc~pancy ~f th~ Pr~p~rty as a principal resid~nc~. If this S~curity Instrument is .n a I~as~h~ld, B~rr~wer shall c~mply wilh tlt~ pn~visi~,ns ~,t' thc lease. If B~rr~wer ~cquir~s t~e title m tl~e Pr~perty. Icasch~lcl and t~ titl~ shall n-t he merged u L~nd~r agrees ~ the merger in writing. 6. C~mdemm~lim~. The proceeds ~f any lward or cl~im fi~r d~mages, direct ~r c~msequ~ntial, in c.nn~tion with any c~mdemnation or oth~r taking of any part of ~ Pn~perty. or fi~r conv~yanc~ in place ~f condemnation, ar~ h~r~hy assigned anti shall he paid to L~nder to the ~xtent ~f th, fi~ll amount of th~ indebtedness tha~ r~m~ins unpaid under th~ N~te an~this i~m ~f th~ incl~ht~dn~ss under the N~Ie and this S~urity S~curily Instrument. Lender shall apply such r~ce~ds t~ lh~ rctlucl provided in Paragraph 3, and then t- prepayment of Instrument. first to any delinquent amm~nts ~' plied in ~he order · principal. Any application of the proceeds t:~ the principal shall n~t extend or p~stp~n~ th~ due date of th~ m~mlhly payments, which ar~ referred ~ in Parag 2. ~r chang~ the am~utnt ~f such p~ym~nts. Any excess pr~c~ds over an am~unt required m pay all outstanding intlehl~,,dn~ss ~nder th~ N~te anti this Security Instrument shall he paid t~ ~he entity I~ally entitled thereto. "7. Chnrg~ t~ R~wr~wer ~nd Pr~d~li~m ~d' l.ender's Rights in the Pr~perly. B~rn~wer shall pay all ?v~rnmental ~. B~rmw~r sh~li pay these oblig~tions on time municipal charges, fines and impositi~ns that ~re n~d included in Para,,n~ph ~ directly t~ the entity which is owed tho paym :nt. If failur~ t~ pay w~mld adversely aft~ct Lender's inter~st in th~ Property, upon Lender's request Borr~w~r shall promptl~ fl~rnish t~ Le. nd~r r~ceipts ~vid~ncin,' th~s~ pavmen If Borrower fails to make th~e paymen s or the payments required by Paragraph 2, or fails to p~rfi~rm any other c.venants and agreements contained in this y Instrumenl, or there is a legal proceeding that may significantly aft~ct ~nd~r's rights in the Property (such as a po' ~din,g in I~ankruptcy. fi.' c~md~mnalion ~r t~ enfi~rce laws or r~,,ulations) then Lender may do and pay what.vet is nece:;sary t~ pmt~ct the value ~f the Pr~perty and Lender's rights in the Property, including payment ~f taxes, ha~rd insuranc~ ~lhe. r items m~ntioned in Paragraph 2. Any am~unts disbursed by Lender under .~is Paragraph shall I~ec~me an adtliti~mal debt of B~rr~wer anti h~ s~cured by this Security Instrument. These am~mnts shall interest fromm th~ dale ~f disl~rs~m~nt ul the N(d~ rat~, and at th~ ~t' L~nder shall he immediately clu~ and payabl . B~rr~w~r shall pn~mptly tlischarg~ any li~ ~ which has pri~rity ov~r this S~curity Instrument unless B~rrower: (a) in writing t(~ the payment of the ~bli~ati~n :ur~d I~y the lie. n in a m~nner acceptal~le t~ Lender: (h) contests in good faith the li~n I~y. or defends a~ainst enfi~rc~m~nt ~t' he lien in. I~al pr~ce~din,gs which in the L~nd~r's opini~m operate m prevent th~ enfi~rc~ment of th~ lien' or (ti secures tY~ ~ lh~ holder of'th~ li~n an a,,r~eme, nt sati.sfi~cmry m Lender suhordina~in~ the li~n t~ this Security Instrument. If Lender d, ~ermines that any part ~t' th~ Pr~p~rly is subject t~ a li~n which may attain primarily ~x, er this S~curity Instrument. Leto may giv~ B~rn~wer a n~dice identifying the lien. B~rn~w~r shall satisfy' the li~n or lak~ one or more of th~ atriums sel fi~ . ah~v~ within 10 days ~f the giving ~f 8. Fe~. L~nder may c~llect tb~s and char es aulh~riz~d., bY th~ Secretary. .... ' :. ] ~'- Ini~ial~ I'ENN~YI.VANI A -Fl IA FII~I'AM'I'I; PIIg~ .~ 00 t405. 448 . BOOK1405 PA~.E. 4 ~9 Initials: I'KNN$¥ IoYAN I A -FI IA FIIAI'AMTt; Pag~ 4 o1'7 . , -~ . . · · o % ,., - · . · 13. N.tice~. Any nr)tic~ t~, Borrower pm,,ided fbr in thi.~ Securit:y ln.,:trument ~h,II he ~iven hy d~liv~rin~ it or mailin~ it hy fimt cla~ mail unl~ .pplicahl, h,w r~quir~ u~ (,f' an(,th~r m~th(,d. Th~ n(,tic~ ~hall h~ dir~t~' to th~ .Pr?p~rty Addr~ or any other addr~ Borrows, d~i~nat~ hy n,,tic~' t(, 4~nd~r. Any n(,tic~ ~o 4~nd~r ~h.ll h~ ~iven hy first .. class mail to Lender's address ~tated herein or a=. ~y addre~ L~nd~r d~ignate~ hy n(,tice to. Borrower. Any notice prnvid~ fbr in this Security lnstn~ment shall he deemed tc have h~en given t(~ B(~rrow~r or L~nder when given as provided in this . paragraph. 14. Governing Law; Severahility. This ;ecurity Instrument shall he g(~vemed hy Federal law and the law or' the .jurisdiction in which the Property is located. In the event that any pmvisi(~n or clause (~t' this Security lnstn~ment or the Note conflicts with applicable law, such conflict sha I not a~f~ct other pmvision~ of' thi~ Securily lnstn~ment or the Note which can he given eff~t without the conflicting provi~inn. To this end the provisinns of' this S~urity Instrument and the Note are d~lar~ to he severable. 15. B~rr. wer's CopT. Borrower shall he given one c(~nfi~rmed c(~py of' the N(~te and (~f' this Security lnstn~ment. 16. Ha~7~rdm~s Suhsta~nc~. Borrower shal n(~t cause or permit th~ presence, use, disposal, storage or rel~se of any Ha~rdnus Substances on or in the Property. z)rr(')w~r shall n(~t d(). nor allow anyon~ else to do, anything affecting the Property that i~ in violati(~n (~f' any Environmen ~i ~w. The preceding tw(~ sentences shall not apply to the presence, use, or storage on the Property or' small quantities ol Ha~rdnus Substances that are generally rec(~gnized to he appropriate t() normal residential uses and tn maintenance of' th ~ Property. B(~rmw~r shall promptly giv~ L~nd~r wri n nntic~ (~t' any investigatinn, claim, demand, I~ws, it nr other action hy any ~(~v~rnm~ntal or regulatory a~ency (~r privat~ p rtv inv(~lvin,, th~ Pr(~pcrtv and any Hazarclrms S,hstance or Environmental ~w ()f' which Borrower has actual kn(~wi~dg.. It' B(~rr(~w~r I~arns. (~r is m~tifi~d hy a~ny governmental (~r regulatory auth(~rity, that any r~mnval f~r (~h~r remedi (~t' any Haz~rcl(~s S~hst~nc~s ~t't~ctin~ th~ Property is necessary, B(~rmwer shall promptly take all necessary r~medial in acc(~rclanc~ with Environmental Law. As used in this Paragraph 16, "Hanoi(ms ~l~stanc~s" ar~ ~h(~s~ suhslanc~s tl~f]n~d as t(~xic (~r ha~rd(~us suhstances hy Environmental Law and the fi~ll(~wing ~uhsta~nL'. gas(~lin~, k~ms~ne. (~thcr tlammahle (~r t(~xic petroleum products, t(~xic p~sticitl~s and herhicid~s, v(~latil~ s(~lv~nts, m~,t~rials c(mlaining asl~st(~s (~r fi~rmaldehyd~, and radioactiv~ materials. used in the paragraph 16, "Environmental "m~ans t~tl~ral I~ws ~ntl laws (~f' th~ .i,risdicti(~n where the Pr(~perty l(~cated that relate to health, sat~ty or ~nvir()nme tal pmt~cti(~n. NON-UN[FORM.COVENANTS. B(~rr(~w~. and Lender fi~rther c(~vem~nt and.agre~ as t~ll(~ws: 17. Assignment ~d' Renl.~. B~rmwer unc(~n~ ilirmallv assi,,ns and transfers t(~ L~ntl~r all th~ rents and r~venu~s (~f' ~ '. . Pr(~l~erty. B(~rrower authorizes Lender or b~ncle~ s agents t(~ c(~ll~ct th~ r~nts and r~v~n,~s and h~r~hy directs each tenant or' the Property to pay the rents t() Lender (~r Icr'~ agents. H(~wev~r, pri(~r t(~ Lender's n(~tic~ t(~ Borrower of' B()rrower's hr~ach of' any c(~venant or agreement in th~ S~ct~ri~y Instrument. B(~rr(~w~r shall c(dl~ct and r~c~iv~ all rents and revenues of' th~ Property as trustee fi~r ~he hen~t]t (~f' bcnde and B(~rmw~r. This ~ssignm~nt ~t' rents c(~nstit,tes an ahs(~lute assignment and n(~t an assignment fi~r additi(~nal security (~n ,. lt'-'L~nd~r gives n(~tic~ (~f' hr~ach t~) B~rr(~wcr (a) all r~nts received hy B~rn~wcr sha~ll he h~ld hy Borrower as trustee hen~fit (~f' L~nder (~nly, tn h~ applied t(~ th~ sectored I~v th~ S~curi~v Instr, m~nt: (1~) L~nd~r shall he entitled tn collect and r~c~iv~ all ()t' the r~nts (~t' th~ Pr(~p~rty: and (c) ~ach tenant ~t' th~ Pr(~pcrt), shall pay all r~nts due and unpaid t() Lender (~r L~nd~r's agent (~n L~nd~r's written d~mand ~( lh~ l~nanl. B(~rr~w~r has n(~t ~x~cuted any pri(~r assignn~ ~f' th~ r~nts and h~s n(~t and will m~t p~rf~rm any act that w(~uld prevent L~ntl~r fY~m ~xercising i~s rights untl~r this Par, raph 17. L~ntl~r shall n(~t h~ r~(l,ir~d t(~ ~nt~r upz~n, tak~ c(~ntr(~l (~I' (~r m, intain th~ Pr(~p~rty h~fi~r~ (~r after giving notice hr~ach t(~ B~rmwer. H(~w~v~r. Lender (~r a .i iciall), app(~in~tl r~c~iv~r may tl(~ s~ at an), tim~ ther~ is a hr~ach. Any applicati(~n (~f' rents shall n(~t cur~ (~r waive any ti It (~r invalicbt~ any (~th~r right (~r r~m~tly (~t' l,ender. This assignmen~ (~t' rents (~f the Property shall t~rminate when th~ cl~ s~ct~rctl h), th~ S~curity Instr, m~nt i~ panic! in f~ll. IR. F~r~h~sure ~ced,re. If' L~nd~r r~(lU rcs imm~diat~ payment in fi~ll ,ncl~r Paragraph O, L~nd~r at its npti(~n may r~(luir~ immediate payment in t~ll (~[ all s, ms :,r~d I~y Ibis S~c,rity Ins~r,m~nl with(mt fi~rth~r d~mand and may this Security Instrument h)' .j,dicial proceeding Lender shall I~ ~ntitl~d t(~ c(~llect all cxp~n~es incurred in pursuing the remedies provided in thi~ paragraph I g, incl,tlin I~ut n(~t limited t(~, att(~rn~ys' t~ and c('~sts (~f' title evidence t() the extent permitted hy applicahle law. . . . . ~ . · If thc Lender's interest is~ this Security Instrunicnt is held by thc and thc Secretary requires immediate payment in I~ll under Paragraph 9, th~ S~cr~tary may inv~k~ th~ noqiudicial power ~. f sal~ provided in th~ Single Fmnily Morlgag~ For~closur~ Act of 1994 {"Act") (12 U.S.C. 3751 ~t s~q.) by r~qu~sting a Ibr~closur~ commissioner d~signat~d under the Act to comm~nc~ lbr~ch~sur~ and to s~ll th~ Property as prt~vid~d in th~ Act. N~thing in th~ preceding s~nt~nco shall d~prive th~ S~cr~tary of any rights oth~rwis~ availabl~ t~ a L~nd~r under this Para,,ra= 18 or applicabl~ law. 19. Release. Up~m payment of all sums sccur~d by this Security I .~mcnt, this S~curity Instrument and thc ~statc .. c()nv~y~d shall t~rminat~ and I~c(,mc vt)id. Atilt stlch t)CCtll'l'CliC~, L~n shall discharg~ and satist~ this Security Instrument without charg~ t() Bt)rr()w~r. B()l'n)wcr shall pay any r~c~)rdatit)n t)sts. 20. Waivers. Born)w~r, to th~ ~xt~nt p~r~nittcd hy aplflicabl~ law, waives and r~l~as~s any ~rror or d~tbcts in proceedings to ~ntk)rc~ this S~curily Instrument. and h~r~by waives tll~ tit ()f any present ()r ti~tur~ laws providing tbr .stay of ~x~cuti()n, ~xt~nsi~)n of tim~. ~X~nlpti()n ti'()m attaclllnCJ]t. I~vy and sa ~. and heart,stead ~x~mption. 21. Reinstatenlent Periled. Born)w~r's tim~ tt) r~instat~ prt)vid~d in )h 18 shall ~xt~nd to on~ hour prior to th~ commencement of bidding at a sh~l'il't"s sal~ ()r ~th~r sal~ pursuant to this S~cusrity Instruni~nt. 22. Purchase M~J~ley hliJrlgage. Il' any et' th~ debt secured by this Sec rity lnstruln~nt is I~nt t() Borrower to aCtluir~ titla t() th~ Pr()p~rty, this S~curity instrunl~nt shall be a purchas~ m~)n~y mort. . . 23. l~llerest Rate After Judgme~ll. B~)rn~w~r agrees that th~ int~r~st payabl~ after a .judgment is ~nt~r~d on the Not~ or in an action of morlgag~ fi)r~cl~)stlr~ shall b~ th~ ratu payabl~ Ii'on1 ti to tiin~ under th~ Not~. 24. Riders to this Security I~lstrmlletit. if ~m~ t,r nlor~ rid~/'s ar~ ~x~cti~ by Borrower and r~corded together with this S~curity Instrunl~nt, th~ c()v~nants mid a,,r~m~nts~ ~)f ~ach such rider sh. II b~ incorporated into and shall mn~nd and supplement the covenants and agreements ~)t' this S~curity Instrument as if th~ rider(s) w~ra a part of this Security Instrument. I Ch~ck applicabl~ Condominium Rider ~ Plann~, Unit D~v~lopm~nt Rider l ! [Graduatcd Paymcnt Rider [~ G g Equity Rider [~ Noq-Owner Occupancy Rider [~ Ad. justa Rate Rider [~ Other J Si)ecl fYI · · ' BY SIGNING BELOW, Borrower accepts nd agrees to the terms.'and cnvenants cnntained in this Security Instn, ment and in any rider(s) executed hy Borrower and :orded with it. ' ,, Witnesses: . · '" ........... ~H'r R:bEY~X · DI:CI<EY O (Seal) . I.,orrower (seal) - !] orrowcr (Seal) - [ r)rrowcr (Seal) Borrower ISp IIcl,,w 'l'hi.~ l.inc I:,,,' Ackn,,wlcdgnwntl STATE OF PENNSYLVANIA } t'q I i~ // !. ss. C(mntynf~ .~__,i~..~,, .. x ]~~ 7~. h~ti~re ,ne. the t, ndersigned, a Notary Public in and tbr said Counly. personal') ~pea,tl ~ ~. . and~acknowl~dged the exec~ti(m ()f' the fi)reg()ing instrument. - - - - ' ~ Notary Public · '~(":', ~'U:. '~.,~'~' ~ NotarIal Seal ,,:: _.,~.~.~.-~i ~..i~:~;'... .,,-.~ v .... ,,::~ ~..:. ,:~L~: .%. "~ ~.,t~- ~ ~,';~..~ a ~:~:~,'6" '.~ O Barnhafl, Not~ ~~ k ,..~..~" ..~&O ; .:':'l.t~:~& ?:~ .::,. ..... Oeb0r~h .. _ n= ohin GO] · ... t~ '.~.:.[ '.. ~- .. ,~ ~" ,;,~, -., .,~.~. ~;,~ ..... .... ,~.,...~:? ...... ;.. s;;~..~:~?~.3Z%.~' ~?,.-..., ,~..-~ .. .,~.3,... -. :.~ .e,~., :.;';:~?'.'~'~.'5:~~ ~., :.. ..~X--:'.s~.:. :~.~ .... ~c:.. ~ ,... -s,. '.~ ~..,??~,~:~:'., ~ s.~ .- ".-..'(~:.~'z,:;~t~ ~ ..,' n~ava~rr~: Page 7 hI' 7 . oo t40,5 452 Exhibit "A" o ALL THAT CERTAIN piece or parcel of land, situate in the Silver Spring Township, Cumberland County, Commonwealth Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on th western line of Locust Lane, at the corner of Lot No. 71 as shown on the hereinafter mentioned of lots; thence along the line of said Lot No. 71, south 56 degrees 12 minutes west, 150 feet to point in the center line of a 20 foot utility easement; thence along the center line of said utility asement (other land of George W. Walker and Mary Alice Walker, his wife), north 33 degrees 4 minutes west, 71 feet to a point on the southeastern line of Hillcrest Drive, as shown on the he inafter mentioned plan of lots; thence along the southeastern line of Hillcrest Drive, north 34 de es 24 minutes east, 161.55 feet (erroneously set forth in prior recorded deed as 124.63 feet) to a poi on the western line of Locust Lane aforesaid;; thence along the western line of Locust Lane, 33 degrees 48 minutes east, 131.00 feet (erroneously set forth in prior recorded deed as 95.08 feet~ to a point at the corner of Lot No. 71 aforesaid, the place of BEGINNING. BEING Lot No. 70 in the of lots of George W. Walker and Mary Alice Walker, his wife, known as "White Birch Farms Deve Tract No. 2, as recorded in the Recorder's Office in and for Cumberland County in Plan 17, Page 61. BEING THE SAME PREMIS that Edward E. Stansfield and Marianne L. Stansfield, h/w, by their deed dated October 1, 1996 and recorded October 15, 1996 by the Recorder of Deeds in and for Dauphin County in Record 147, Page 535, granted and conveyed unto Gary P. Hanlin and Kathleen E. Hanlin, h/w herein. ,'...~;',,~.~'..' ?i' .. °,6~. ~ · ,q :, .'.a~:.~.~.~:!.:r~,;:.." '.: ~'-::°"' :S' .'..."'~-' "~. -~'~.~: ~ ~;..., . ;"'"~ · : 4"'.. "::.~.,f'.'..:'.~i:.~: ....~.;:~,~.:~' ~,~.4:~.'....~ ..... "i~'~"h'x~ i4."]';"'"' ." · .~ .. ., - ,~."... ~;~z~..~ .... · ..~ .. ' "i":::' State of Pennsylvania County of Cumberlandj' 86 eR_e.c_.ol[~l~ed.i.n,t.~ office for the reoordlng of Deeds c;~qtlano ;qf ~/nberland County, PILl Il ~_ Carlisl .. is_ t ~' id ' ~_.t 405 PAGE 453 , 4 VERIFICATION g¥~ L R~ff~~~l.~ ereby states that he is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unswom falsification to authorities. DATE- SHERIFF ' S RETURN - REGULAR CASE NO- 2001-01994 p COMMONWEALTH OF PENNsYLVANiA. COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY- WEST VS DICKEY SHIRLEY A CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland CountY, Pennsylvania, who being duly sworn according to law, says, the within _COMPLAINT _ MORT FORE was served upon DICKEY SHIRLEY A the DEFENDANT , at 0012-48 HOURS, on the 9th day of April , 2001 at 6 LOCUST LANE MECHANICSBURG, PA 17055 by handing to SCOTT HAKE (ROOMATE a true and attested copy of COMPLAINT _ MORT FORE together with NOTICE and at the same time directing Hi__~s attention to the contents thereof. Sheriff,s Costs. So Answers. Docketing 18 00 · Service · Affidavit 6.20 .00 Surcharge 10.00 R. Tho~mas Klin~----- .00 34.20 04/.10/2001 GRENEN & BIRSIC Sworn and Subscribed to before By- me this ~~ ~.~ day of ~0/ _ A.D. Deputy Sherif--~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, ) f/k/a MELLON MORTGAGE COMPANY, ) Plaintiff, ) ) vs. ) ISSUE NO.' · ) SHIRLEY A. DICKEY, ) ) TYPE OF PLEADING. Defendant. ) ) CIVIL ACTION- COMPLAINT ) IN MORTGAGE FORECLOSURE ) THE ENC:LOSED ['iq J"'~l/"ll ~l"J" ) CODE - ~-~ ' ) FILED ON BEHALF OF PLAINTIFF. ) Chase Mortgage Company - West, f/k/a ) Mellon Mortgage Company ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ,~1~ , .. ) ~ ) Kristine M. Faust, Esquire ) Pa. I.D.//77991 (" ; ) ) GRENEN & BIRSIC, P.C. ) ) Firm #023 c~rmFmA'rE oF LOOA110N ) One Gateway Center, Nine West ~ ~.-~¥ ¢~an~t Trot ~m Loeanc~ ~ ) Pittsburgh, PA 15222 ) (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, ) f/k/a MELLON MORTGAGE COMPANY, ) NO.-01-1994 ) Plaintiff, ) ISSUE NUMBER: ) VS. ) ) TYPE OF PLEADING: SHIRLEY A. DICKEY, ) ) PRAECIPE FOR DEFAULT JUDGMENT Defendant. ) (Mortgage Foreclosure) ) ) ) CODE- ) ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Mortgage Company-West, f/1Ua · ) Mellon Mortgage Company ) ) COUNSEL OF RECORD FOR THIS I hereby certify that the address ) PARTY: of Plaintiff is: ) 3415 Vision Drive ) Kristine M. Faust, Esquire Columbus, OH 43219 ) Pa. I.D. #77991 ) ) GRENEN & BIRSIC, P.C. ) Firm #023 the last known address of ) One Gateway Center Defendants is: ) Nine West 6 Locust Lane ) Pittsburgh, PA 15222 Mechanicsburg, PA 17055 ) ) (412) 281-7650 GRENEN & BIRSIC, P.C. · ...... Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.:01-1994 Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. P~RAECIPE FOR DEFAULT ~JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Shirley A. Dickey, in the amount of $67,938.99, which is itemized as follows: Principal Interest through 5/11/01 $62,822.63 Late Charges through 5/11/01 $ 2,484.94 Other fees $ 87.32 Attorneys' fee $ 244.10 Title Search, Foreclosure $ 800.00 and Execution Costs TOTAL $ LS00.00 $67,938.99 with interest on the Principal sum at the rate ors 12.91 per diem from May 11,2001, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. .~.. BY: ( .... ,..~rD.Z~.c ' ' Attorneys 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. Faust, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is 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 copy. Sworn to and subscribed before me this 2qC'day of~f~v~~ _, 2001. .// · /' , . / ,..' . ~, , /f.. ,~ Notary ?ubl' tariai Seal iazina, Notary Public J .. _Pittsburgh, Allegheny County l_My Co,mmis~o'n__E_xpires June 2, 2003 Member. Pe...nnsv~van~a Association of Nolaffes 1N THE. COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, ) f/k/a MELLON MORTGAGE COMPANY, ) NO.' 01-1994 ) ) Plaintiff, ) ) ) SHIRLEY A. DICKEY, ) ) Defendant. ) TO: Shirley A. Dickey 6 Locust Lane Mechanicsburg, PA 17055 DATE OF NOTICE: May 1,2001 IMPORTANT NOTIClq YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI2TEN 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 WI~ 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 TI-tiS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 2ME FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP- Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 GRENEN & BIRSIC, P.C. Attom'ey~s for Pl'aintiff - One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.:01-1994 Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. TO' Shirley A. Dickey 6 Locust Lane 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 _~ ~2 ~ ~/ ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows. $67,938.99 with interest on the Principal sum at the rate of $12.91 per diem from May 11, 2001, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.' 01-1994 CIVIL Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS' COUNTY OF ALLEGHENY Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Shirley A. Dickey located at 6 Locust Lane, Mechanicsburg, PA 17055 and is more fully described as follows' ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SHIRLEY A. DICKEY OF, 1N AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SILVER SPRING TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 6 LOCUST LANE, MECHANICSBURG, PA 17055. DBV 164, PAGE 686, AND PARCEL #38-14-0848-046. 1. The name and address of the owner or reputed owner: Shirley A. Dickey 6 Locust Lane Mechanicsburg, PA 17055 2. The name and address of the defendant in the judgment: Shirley A. Dickey 6 Locust Lane 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 - West, [PLAINTIFF] f/k/a Mellon Mortgage Company 4. The name and address of the last record holder of every mortgage of record: Chase Mortgage Company - West, [PLAINTIFF] f/k/a Mellon Mortgage Company American General Finance, Inc. 3120 Parkview Lane Harrisburg, PA 17111 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 imerest 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 · avit are tree and correct to the best of my _._ .tements made m the Al,fid. _ .tements herein are made en that the sta · ~and that false sta .. I V fY - :-- ' n and behef. 1 unaers _-- · fion to authoriUes. rsonal knowledge, inforr~_a_Uo ,,, ~ ~non~t ~ 'n~ to unswom falsffica pe . ~ .,~,,~ .elat~ ,~ subject to the penalUes of 18 t'a. c.~. · s GRENEN & BIRSIC, P.C. By: '~' "" '" ~:' '" Attorney for Plaintiff SWORN to and subscribed before me this ~J~'k day of~-' 2001. Notary Pub Iqota pub%it · NotaW , G Bl~na, count2003 eueCc~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, CIVIL DIVISION f/k/a MELLON MORTGAGE COMPANY, Plaintiff, NO.' 01-1994 CIVIL VS. SHIRLEY A. DICKEY, Defendant. 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 Defendant written notice pursuant to 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1701-1715z-18) [35 P.S. § 1680.401C(a)(3)]. Additionally, Plaintiff was not required to send Defendant written notice of Plaintiff's 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. {3101 and Defendant is not a "residential mortgage debtor" as defined in 41 P.S. § 101. swo o^ ostJ sc o ME THIS .............. - _, 2oo . ... /. °t 'ry uhi l ' of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.' 01-1994 CIVIL Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. 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 owner of the property located at 6 Locust Lane, Mechanicsburg, Pennsylvania 17055 is Defendant, who resides at 6 Locust Lane, Mechanicsburg, Pennsylvania 17055, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS ~-}'k DAY OF k J~_.~'[~ 2001 ..} Notary Public -~ 0 - -- Notarial Seal Rebecca G. Blazina, Notary Public Pittsburgh, Allegheny County I My Commission Expires June 2, 2003 Mem~r, Pennsylvania Association et NOtaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff, NO.' 01- ! 994 CIVIL VS. SHIRLEY A. DICKEY, Defendant. TO- Shirley A. Dickey 6 Locust Lane 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 · d~rected th , to the Sheriff of C · ' xposed to Public Sale at the , ere will be e umberland County, Cumberland County Courthouse Commissioners Hearing Room, 2~a Floor 1 Courthouse Square Carlisle, PA 17013 on Wednesday, September 5, 2001 at 10:00 A.M., the following described real estate, of which Shirley A. Dickey is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SHIRLEY A. DICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY. ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SILVER SPRING TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBE~D AS 6 LOCUST LANE, MECHANICSBURG, PA 17055. DBV 164, PAGE 686, AND PARCEL #38-14-0848_046. The said Writ of Execution has been issued on a ~udgment in the mortgage foreclosure action of Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff, VS. Shirley A. Dickey, Defendant, at Execution Number 01-1994 in the mount of $69,479.70. 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 Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal fights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your fights, 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 Not. ice to Defend, you may have the right to have thejud ment o e ' w~th the Court alle in~ a vali __ g _'P ned ffyou promptly file a etition g ,, d defense and a reasonable excuse I'or fmhng to file the defense oPn If the judgment is opened Sheriffs Sale would ordinarily be delayed pending a trial of the issue time.the 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 Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION W/TH 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 WITH~ TEN (! 0) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. Y:~..._ .~_ ~~-~-. ' - . Kri squire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption' · ( ) Confessed Judgment · ( × ) Other Chase Mortgage Company - West, f/k/a Mellon Mortgage Company · ~ile NO. 01-1994 CIVIL vs. · Amount Due $67,938.99 · Interest $ 1,540.71 (5/11/01 to Sale) Shirley A. Dickey · Atty's Corem · Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original 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) Single-family Dwelling at 6 Locust Lane, Mechanicsburg, PA 17055 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 ~/'f/O / _ Signature: Print Name' K · - Grenen & Birsic, P.C. Address: O.,!.e 6a!ew~-¥ Ce.rt.!er, Ni-n-e West Pittsburgh, PA 15222 Attorney for' ?laintif f Telephone' (412) 281-7650 Supreme Court ID No.: 77991 (over) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, CIVIL DIVISION f/k/a MELLON MORTGAGE COMPANY, NO.' 01-1994 CIVIL Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. LONG FORM DESCRIPTION ALL that certain lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Locust Lane, at the comer of Lot No. 71 as shown in the hereinafter mentioned plan of lots; thence along the line of said Lot No. 71, south 56 degrees 12 minutes west, 150 feet to a point in the center line of a 20 foot utility easement; thence along the center line of said utility easement (other land of George W. Walker and Mary Alice Walker, his wife), north 33 degrees 48 minutes west, 71 feet to a point on the southeastern line of Hillcrest Drive, as shown in the hereinafter mentioned plan of lots; thence along the southeastern line of Hillcrest Drive, north 34 degrees 24 minutes east, 161.55 feet to a point on the western line of Locust Lane aforesaid; thence along the western line of Locust Lane, south 33 degrees 48 minutes east, 131.00 feet to a point at the comer of Lot No. 71 aforesaid, the place of beginning. BEING Lot No. 70 in the plan of lots of George W. Walker and Mary Alice Walker, his wife, known as "White Birch Farms Development," Tract No. 2, as recorded in the Recorder's Office in and for Cumberland County in Plan Book 17, Page 61. UNDER and SUBJECT to all and any easements and restrictions as set forth in prior record. BEING the same premises which Kathleen E. Hanlin, by Deed dated September 9, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County on September 17, 1997, in Deed Book Volume 164, Page 686, granted and conveyed unto Shirley A. Dickey. GRENEN & BIRSIC, P.C. Attomeys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 3 8-14-0848-046 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, ) f/k/a MELLON MORTGAGE COMPANY, ) NO.. 01-1994 CIVIL Plaintiff, ) VS. ) ISSUE NUMBER: ) SHIRLEY A. DICKEY, ) TYPE OF PLEAD/NG: ) Pa. R.C.p. RULE 3129.2(c)(2) Defendant. ) LIENHOLDER AFFiDAViT OF ) SERVICE ) ) COD~. ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Mortgage Company-West, f/k/a ) Mellon Mortgage Company ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M. Faust, Esquire ) Pa. I.D. # 7799~ ) ) 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-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.. 01-1994 CIVIL Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. Pa. R.C.P. RULE 3129.2 c 2 I, Kristine M. Faust, Attorney for Plaintiff, Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of PlaintifFs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated June 12, 2001, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiff's 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 Certificate 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 tree and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this_~day of ]~,,{ rd'l,,{ ,~'Jj--' 2001 Notary Public Notarial ,Sea~ G. B~azina, Notary Pub Member, ~ Pennsylvania Association ot Nolarles Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.: 01-1994 CIVIL Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. AFFIDAVIT PURSUANT TO RUI.E 3129.1 COMMONWEALTH OF PENNSYLVANIA SS' COLrNTY OF ALLEGHENY Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Shirley A. Dickey located at 6 Locust Lane, Mechanicsburg, PA 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SHIRLEY A. DICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY' ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SILVER SPRING TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 6 LOCUST LANE, MECHANICSBURG, PA 17055. DBV 164, PAGE 686, AND PARCEL #38-14-0848-046. 1. The name and address of the owner or reputed owner: Shirley A. Dickey 6 Locust Lane Mechanicsburg, PA 17055 2. The name and address of the defendant in the judgment: Shirley A. Dickey 6 Locust Lane 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- West, [PLAINTIFF] f/k/a Mellon Mortgage Company 4. The name and address of the last record holder of every mortgage of record' Chase Mortgage Company- West, [PLAINTIFF] f/k/a Mellon Mortgage Company American General Finance, Inc. 3120 Parkview Lane Harrisburg, PA 17111 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 ! 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. By: . Kristi squire Attorney for Plaintiff SWORN to and subscribed before me this ~'~'~ day of_~ Ii I i,'i~.(. 2001 ..'""'""'--"'"~' ,.... ,., ~ ..,...-'""'"~,~/. '~.~:.,t~, ; ,.! , _ Notary Public / - ~ - , · Member Pennsylvama CERTIFICATE OF MAILING or'~.~~ge ~d U.S. POSTAL SERVICE pq~ mark. MAY BE USED FOR DOMESTIC AND iNTERNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE--POSTMASTER p...~tmast~[r for" ~rent Received From' '~' ':? %:~) ~ Grenen & Eirsic, RC One piece of ordinary mail addressed to: ~,, Bureau of Individual Taxes Inheritance Tax Division, Dept., 2~ 1 Hamsburg, PA 17128-0601 PS Form 3817, Mar. 1989 ..... __ fee here in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOE,( PROVIDE FOR iNSURANCE--POSTMASTER Received From: Grenen & Birsic, RC. Pittsburgh, PA 15222 .. , ~.~ One piece of ordinary ~ , /~" . .q' PS Form 3817, Mar. 1989 ..... dfix fee here in stamps MAY BE USED FOR DOMESTIC AND IN1 [HNAIlC)NA[ MAi[., DOES PROVIDE FOR INSURANCE--POSTMASlt R Received From: Grenen & Birsic, RC. One~teway P it ~.b.u r § h,_..PA...I 5 2.22 PS Form 3817, Mar. 1989 · '~ ~.~!~ ~ -.~-~ I1'"t t""i' ~ ""-- . '" -.~- ~"-.--." r' "' .~.,...., .......,... ~ ~'.;~ ; .! r:'~ . .~'-- ... o?, ..~ '" ~ ~'-'"':.'-' ' ' ;.. 'ii, ;_-:iiI ~ r,.~T..~ ...... ~.'.." , ,,,, c:." 'i z,.:{-,.' °' .-.--~ ¢.,,,,t'i STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND t ss. .I, ......... ~ Robert p Ziegler Deeds m and for sa, d County and State do'hereb., ce '° --' .................. Recorder of Chase y rh~y that the Sher/ff's Deed in Which Mortgage co-West ~ka Mellon Mtg Co the same having been sold to said grantee on the 5 th ................ is the grantee September -' EXecut/on .............. A. D., .,' 01 ........ day of ...... - ...., under and by virtue of a writ_, day of _. - .............. issued on the 11 t h ........ ........... .J_u, ne ...... Civil ............ A.D., O1 .......... ..... ~ out of the Court of Comman Pleas o~ said County as of 1994 ......................... Number .............. , at the suit of _ - ........ 01 ........................ Term,' Chase Mtg Co-West fka Mellom Mtg Co ....... --agalm~_ Shirley A Dickey duly recorded in Sheriff's Deed Book No. 248 3233 ....... ............ , Page .... ' .............. is IN TESTIMoNy WHEREOF, I have hereunto set my hand and seal of said office this _~ .......... A.D., .~-~-~ I Recorder of Deeds Chase Mortgage Company-West In The Court of Common Pleas of F/k/a Mellon Mortgage Company Cumberland County, Pennsylvania VS Writ No. 2001-1994 Civil Term · Shirley A. Dickey Robert L. Fink, Sr., Deputy Sheriff, who being duly sworn according to law, states on July 09, 2001 at 11' 10 o'clock A.M., EDST, he served a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Shirley A. Dickey, by making known unto Shirley Dickey, at 6 South Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents, and at the same time handing to her personally the said tree and attested copy of the same. Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, states on July 02, 2001 at 10:46 A.M., EDST, she posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action upon the property ofShirley A. Dickey, located at 6 south Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Shirley A. Dickey, at her last known address of 6 Locust Lane, Mechanicsburg, PA 17055. This letter was mailed under the date of July 13,2001 and never returned to the Sheriff' s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or ornery at the Courthouse, Carlisle, Cumberland County, PennSylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $1.00 to Atto~ey Steve Feinou~ (for ~ttomey Kristine Faust) for Chase Mortgage Company-West, f/k/a Mellon Mortgage Company. It being highest bid and best price received for the same, Chase Mortgage Company-West, f/k/a Mellon Mortgage Company of 3415 Vision Drive, Columbus OH 43219, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $822.6~J, it being cos'ts. Sheriff's Costs' Docketing $ 30.00 Poundage 16.13 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.70 Certified Mail 1.70 15.00 Levy 20.00 Surcharge Legal Search Law Journal 316.55 Patriot News 262.95 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff' s Deed ~ $822.69 paid by attorney 09-26-01 Sworn and subscribed to before me So Answers' f~ This ~ day of ~ R. Thomas Kline, Sileriff 2001, A.D. By~c_~~ Re,ti Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.' 01-1994 CIVIL Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Shirley A. Dickey located at 6 Locust Lane, Mechanicsburg, PA 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTE~ST AND CLAIM OF SHIRLEY A. DICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY' ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SILVER SPRING TWP., CUMBERLAND cOUNTY, PENNSYLVANIA- HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 6 LOCUST LANE, MECHANICSBURG, PA 17055. DBV 164, PAGE 686, AND PARCEL #38.14-0848-046- 1. The name and address of the owner or reputed owner' Shirley A. Dickey 6 Locust Lane Mechanicsburg, PA 17055 2. The name and address of the defendant in the judgment: Shirley A. Dickey 6 Locust Lane 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 - West, [PLAINTIFF] f/k/a Mellon Mortgage Company 4. The name and address of the last record holder of every mortgage of record: Chase Mortgage Company - West, [PLAINTIFF] f/k/a Mellon Mortgage Company American General Finance, Inc. 3120 Parkview Lane Harrisburg, PA 17111 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 tree 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. Kristifle. M. FaUst, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~_ '~'~ day of ~_~ ( (_[,'[,( ,2001. .................... Not~ Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, NO.' 01-1994 CIVIL Plaintiff, VS. SHIRLEY A. DICKEY, Defendant. NOTICE OF SHERIFF'S SALE OF RF. AI~ ESTATE TO' Shirley A. Dickey 6 Locust Lane 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~a Floor 1 Courthouse Square Carlisle, PA 17013 on Wednesday, September 5, 2001 at 10:00 A.M., the following described real estate, of which Shirley A. Dickey is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SHIRLEY A. DICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SILVER SPRING TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 6 LOCUST LANE, MECHANICSBURG, PA 17055. DBV 164, PAGE 686, AND PARCEL #38-14-0848-046. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Mortgage Company-West, f/k/a Mellon Mortgage Company, Plaintiff, VS. Shirley A. Dickey, Defendant, at Execution Number 0l-1994 in the amount of $69,479.70. 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 Shefiffbefore 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 fights to prevent your property from being taken A lawyer can advise you more specifically of these fights. If you wish to exercise your fights, 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 WHEP~ YOU CAN GET LEGAL ADVICE. Court Administrator 4ta Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal fights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those fights, prompt action on your part is necessary. You may have the fight to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the fight 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 Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this 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 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 AS/DE 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. Kfi~/~e M. F~ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY-WEST, CIVIL DIVISION f/k/a MELLON MORTGAGE COMPANY, Plaintiff, NO.. 01 - 1994 CIVIL VS. SHIRLEY A. DICKEy, Defendant. ALL that certain lot of ground situate in the Township of Silver Spring, County °fCurnberland and State °fPennsylvania, bounded and described as fo/lows, to w/t: BEGINNING at a point the western line of Locust Lane, at the corner of Lot No. 7! as shown in the hereinafter on mentioned plan of lots; thence along the line of said Lot No. 71, south 56 degrees 12 minutes west, 150 feet to a point in the center line ora 20 foot utility easement; thence along the center line of'said utility easement (other land of George W. Walker and Mary Alice Walker, his wife), north 33 degrees 48 minutes west, 7/ feet to a point on the southeastern line of Hillcrest Drive, as shown in the hereinafter mentioned plan of lots; thence along the southeastern line of Hillcrest Drive, north 34 degrees 24 minutes east, 161.55 feet to a point on the western line of Locust Lane aforesaid; thence along the western line of Locust Lane, south 33 degrees 48 minutes east, 131 00 feet to a point at the corner of Lot No. 7/aforesaid, the place of beginning.. as "White Birch Fa.rrns Devel"prnent,,, Tract BEING Lot No. 70 in the plan of lots of George W. Walker and Mary Alice Walker, his wife, known Cumberland County m Plan Bo~k 17, Page 61. No. 2, as recorded in the Recorder's Office in and for UNDER and SUBJECT to al/and any easements and restrictions as set forth in prior record. BEING the same premises which Kathleen E. Hanlin, by Deed dated September 9, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County on September 17, 1997, in Deed Book Volume ! 64, Page 686, granted and conveyed unto Shirley A. Dickey. GRENEN & BIRSIC, P.C. Kristine M. Fau~ Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 Parcel No. 38-14-0848.046 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENN . COUNTY OF CUMBERLAND)SYLVANIA) .. NO. TO THE SHERIFF OF__.___._~__~~rland ClV"~-'""-'~. IL l:~iX TERM IL ACTION . LAW To satisfy the debt, interest and costs due ~COUNTY: _~~ Chase Mort a e C _ from Shirley A. Dickey, 6 Locust Lane, Mec~ -- ~xn3-csburg, PA 17055 - PLAINTIFF(S) (1) You are directed to levy upon the property of the defe~ DEFEN~ ~tion thedefe ' ' ' ~-- (2) You are also directed to attach the property of noant(s) not levied upon in the POssess/on of ~ -GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been iSSUa~y property of the defendant(s) or otherwise disposing debt to or for the account of the defendant(s) and from delivering 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, ' stated, you are directed/o notify hirrVher the! he/she has been added as a garnishee and is enjoined as above Amount Due_ $67,938.99 Interest ~ L.L. _ $. 50 Atty's ___ Corem Due Pm/hy Airy Paid ~. 20 ~ Other Costs Plaintiff Paid Date ~ 2001 - Curtis R. Lon Prothonotary, Divisbn REQUESTING PARTY: Name · Deputy Address ~,ttorney for:' Plaintiff 'elephone: ~650 ~ ' ' ;upreme Court ID No. -_~77991 REAL ESTATE SALE No. ~ u~."~ (~~ ~ 5,,,3ool the sheriff levied upon the · :. a ~ interest in the real property situated in Oumbefland County, Pa., known and numbered.as. -~~ and more fully described on Exhibit "A" fited with this writ aad by this reference incorporated herein. qate' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LA W ~0 URN~ (Under Act No. 587, apProved May 16, 1929), p. L. 1784 STA TF, OF PENNSYLVANIA . COUNTy OF CUMBereD. ss. M~ ~°rgentbal, ~s Uire . .. Law JO~al, ale a~ e . aforesaid .... g Penodicat ~,,~,. , Cordin~ to ~ .... erl~d La,,, _ ne~:_ ~ ~ establish~ ,_ ~ ~,u~Sned i o ~ ,aw, depose -- ]O~al, of _ f -~ca~ tbr t ~..~,'~ a~u~ 2 ~ n~n the Borough ~~ ~ ~d says th~, ,~ - the Co~w ~SSued w ~v,._ . e q"o~ieation o -- ' ~ ~oz, ~d des' ex~., _e.~y ~n the o~;~ ~ fall legal ~,:_ ~at~d _~aut~y the s~ - o~u L'O~tv ~ ~. ~.~t~ces, ~d h~ -': '~ ~ocal co,,~ - -f. ~,u orate ~ as . ~, ~u t~a · ~, sine ~ t~ as t · J°~al on th~ ~,, Was Pnnted in ~- t the Pnnted ~,:_ e ]~u~ 2. t o~n ,:~e official le viz. ~ ~ouOWing d~,~ "~ regular ed;,;~__~ce °rpublicati~ '~~ oeen re ula gal an~ ~ss attache . Y zea to ve~ this statement by the C~berl~d Law lO~al' a legal Pe~odical o~ genera/ circulaffon, ~d that he is not interested h the subject matter O~ the a~oresaid noffce or adve~isement, ~d that all allegations h the ~oregohg statements as to time, place ~d ch~acter o~publicaffon ~e tme. c~ ~on~ . SWO~ TO A~ S~SC~BED before me this f/k/a g~e Co~ ~,o~ ~on~~Y-w~t, ~~day of Shiley A. Diekey At~.: ~s~e M. ~aust LONG ~0~ D8SC~~oN ~L that eert~n lot of ~ situate in the Sp~ To~s . g ound ' -~u ~ follo~..~de~ ~ · THESUNDAy PATRIOT NF WS UnderA~ No. ~7, ~mv~ May 16, ~9 Commonwealth of PennsHvania' Coun~ of Dauphin] ss Ja~es L. Clark being duly Sworn according to law, deposes and says: That he is th Under the laws ~, ,. e~~~nts Receivable Mane e ~arket Street, i~ [ne . Onwealt~ _ g r of ~ __ _ ~t-N~ .... n the City of ~- .h of Pennsvlw.,_ he Patdot Ne, .... ~,__~~ and narfisDur ' ""'a, With · · "~ ~o. U.r e S ree ,. ?' Co.n y or o ..on , ',, [ne Cit,. ~ r~ .~ w ~. auph,~, ~t~,- _ ce a~d nla-_ _ gan~z~d an~ .... established March 4th, 1854, ~,u[esaid; th~, ~ ~' ~rcu~ation ~,_._ '. .... ,~r and n,,~,_. - '~ ~' ~o~tv ~ ~. "uwsPaDers ~ __ azu ot Pe~n~..~ .... ~ ~u ot b~si _ u .... ~ o[ate ~._ '- ' ~ genera~ ~ .... "o~vania. na .... ness at 81~ ever since; and September 18th, 1949, ',,~ws a d ~_ ~ . "-, ~ne Patriot ~ .... ' ~-~[eo and That the Pfin ~el~ regular dailu ~.~d notice or Public ..... respectively, d_, ~a[not-News we~; or adve~ising, and that all -ur sago Co P. re on the ctly as · ' neither he ..... ntc~ ap ea d n~reto is exa true; and of the allegations of this statement as to the time, place and character of Publication are That he has personal kno ~ m ~e subi=~,_ _x[~l ot July a~, .~ ~ in · ~ matter of ~,-' ,,u [ne 7th statement on behalf of ~ ~ n_. w/edge of o~u Printed notice h~ ra~fiOt-News Co . .~ umce for the R~'-~ szo?holders an · aforesaid by Vi~ue Volume ~ ~_ u~u~n ot n .... d board o and PUrsuant to a resolution empowered to vefi~ this 1~, rage 317. g ~u~s ~n and for saifd directors of the said C Unanimously PMB L ICA ~ON ........... County of Dauphin ,~ '~pany and subs-- Passed and '" ~isc~l ...... uquently duly recorded in COpy ................... . ~ ~ '~'"' ,,,,,.,,,,,,,.,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,, ~a~n C~ . .. '~' .... 'R~'''~-~ ~..~ ~ T~ L - .... ', ., .,~ ...... x . '" ..... .'~' '~='.;~:.~ · '";:.-~4~. ': ."- '. ~~Y ~~lL~'_ ~n ( ' '"-." "~ .... ~ ...... · .... - ~ RY - .- · ' ~"~~ ~ · ' .... · _ remission --- '"' ...... ~ ' m ' ~: ' ' CU p/res Jun .... "'"':.~l~ya.'. '" . , · MBER e 6, 2002 ....... . ~ . . r~'~.. . '. ' ".. '. - ~ARLISJ ~ _ ~uj~y y~R~ .~ .... ~~i~ . - ~ ~,- ~ ..... · ....... _ · , u y u '.~~,~.'~:~ ~ ~. ~.~..~~; ~ - tatement _, _ ~~'~,' . ",,.. ~ '~:.~'* ur A · · o~~. ~".,a~' ' °~'[o.,it."' TOTHEPA ng Cost ~ · ~ ~r...- ~.~:~ Publ~shin _ . 'NEWs CO n. ~.~ ~i '.' oran .., . g the noti -',~, " "~ ~ . .1~ "~ ~ Ne. the a atto~ d 7~. ~.~ea 0, ~t ~{~'~""~' .o. ~ . . hereto on _ ce or Public · _ ~ ~ j .' ,..?-,Jcl .... . PmDati _ hove st _ ttache f~ ~0 a ~i,~ in ~ :. m~,,~ ~ ~. : - ng Same ated dates d ,i~ir,)-~..'~ ~ ~j r~'~l~.,{~.or' sner s Rec.;-, - _ 1.50 lillc~~int~ ~ ~ ~mi~_~ai~ ." Publisher ~ "~ rot A · $ 262 9 ~7 ~,,, ~ ~,.~.'~-~e.~ ,e ..... ~' ~ Pat,;~... dvertJsin, ~_ _ · 5 '-~ ~" '"'-[ me Same have ,s. :ho, ,';~~i,e'or Y ,uce,pt of the ~and ~he e..__~ tarter '=~alO notice an~~~iot-N~,,. _ "" PUOltcatio~ c~-~' newspan,r ~o[~ a~O C - 8 of e~ifies ~_. ~' general