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HomeMy WebLinkAbout04-3476IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CiVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF Y FOR P/~INTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANTS IS: 152 Kline Road Shippensburg, PA 17257 A~] TYPE OF PLEADING: CIViL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTI]?F: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 152 Kline Road Southampton, PA (CITY, BORO(TOWNSH[~ (WARD) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: VS. GARY KELLEY aYk/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIViL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219. 2. The Defendants, Gary Kelley, aJkJa Gary Kelley, Jr. and Sherry Kelley, are individuals whose last known address is 152 Kline Road, Shippensburg, Pennsylvania 17257. 3. On or about August 2, 2001, Defendants executed a Note in favor of Plaintiff in the original principal amount o f $93,840.00. A true and correct copy ofsaid Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about August 2, 2001, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $93,840.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 7, 2001, at Mortgage Book Volume 1729, Page 4857. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. 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 March 1, 2004 payment. 7. On or about May 5, 2004, Defendants were mailed a combined Act 91 and Act 6 Notice, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest to 7/13/04 Corporate Advances Unapplied funds Attorney's fees Title Search, Foreclosure and Execution Costs $89,785.63 $ 2,623.04 $ 16.00 $ 313.89 ) $ 1,250.00 $ 2,500.00 TOTAL $95,860.78 WHEREFORE, Plaintiff demands judgment m mortgage foreclosure for the amount due of $95,860.78 with interest thereon at the rate of $15.95 per diem from July 13, 2004, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. Kristinb-M. Anthou, 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" 1041548342 NOTE AUGUST 02,2001 CARLISLE PENNSYLVANIA (Scal) wITHOUT RECOURSE CHASE MANHATTAN M TGA E R RATION SANDRA L. ViCE PRESIDENT 10~1548342 (Rev 1-98) Rural Housing Loan 7 CFR Pan 1980 GARY KELLEY JR AND SHERRY KELt. EY 1400 E NEWFORT CENTER DR DEERFIELD BEACH, FL 33442-7713 PENNSYLVANIA LOAN ~'OTE '('; UARA/~'TEE CUMBERLAND D~t¢:~O 8 -30 -2001 (Transfere~l Exhibit "B" ROBERT P. Z!EGLER RECORDER OF DEEDS -p MORTGAGE "1041548342' BK 1729PG~B57 B~, 17297g~858 TRANSFER OF RIGHTS 1N TH~ PROPERTY [Cltyl [Ztp C~I BKI729PG48GO B~I729PG~861 '- B~ITZ9PG~862 ~1729~h863 B~I729P~b86~ B~I729?G~865 BI~I729?Gt;856 BI( 17 2 9 P~,h 8 6"/ BKI729PG~868 8~(.I 729PG~869 ~KI729P~870 (Seal) (Seal) WITNESSES: B~I729P~h871 Gary Kelley Jr., and Sherry Kelley, husband and ~ife ~KI729?~h87Z I Certify this to be recorded In Cumberland County PA EXHIBrY A - LEGAL DESCR1P ..?,Ifl~k~ ~-~ ~ 52 KL1NE ROAD fi(4~{ -- "~ -- Recorder of Deeds Cumberland County, Pennsylvania, more fully botmdcd and described as follows: BEGINNING at a point on the North side nfl.e?islafive Rr~t~le X.ro 2l 0O(; ,~nd Nearons lot, North 39 degrees 27 minutes East 200 feet to other lands now or formerly nEC. Roy Funk; tlne!',ce by ofiTcr la~d> nc,,v er firm, fly cf C. k'~;, and other lands now or formerly of tl~e said C. Roy Funk; thence by Lot No. 25, degrees 33 minutes East 10634 feet 1o a poinL tke Place of BEGINNING. BEING Lot No. 24 in a plan of Lots for C. Roy Funk, surveyed by D.P. Ra ff,.'nsper?r Registered ~tlrvcyor, al;itt'c! },~.~ ~,' ?, 155 :~;d rill., ~cord~ ~ ii; t~c Off]ce of'the Reco;dcr of Deeds in and lbr CumberLand County, in l:;an hook 14, Page 32. BEING the same prcmiscs which Samuel S. Small 1II aod Nancy A. Small, his wife, formerly Nancy A. Peck by Deed dated and recorder in the Office of the Recorder of Deeds in and fi~r Cumberland County, Pennsylvania, in Record Book 32-S Page 924 granted and conveyed unto Jeffrey P. Denis and Cynthia L. Denis, his wife. 4 ~', AND BEING the same premises which Jeffrey P. Denis and Cynthia L. Denis, husband and wife, by their deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Gary Kelley, Jr., and Sherry Kelley, husband and wife, Mortgagors herein. VERIFICATION Summer M. Winegardner, Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. Summer M. Winegardner, A~ssistant Secretary SHERIFF'S RETURN - REGULAR CASE NO: 2004-03476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS KELLEY GARY ET AL CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT PORE KELLEY GARY AKA GARY KELLEY JR DEFENDANT at 1721:00 HOURS, at 152 KLINE ROAD pHIPPENSBURG, PA 17257 SHERRY KELLEY, WIFE a true Sheriff or Deputy Sheriff of who being duly sworn according to was served upon and attested copy of COMPLAINT - on the 20th day of July the by handing to MORT FORE together with law, , 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 14 06 00 10 00 00 42 06 Sworn and Subscribed to before me this ~ ~ day of ~Ooq A.D. ! t;rothonotary t ' So Answers: R. Thomas Kline SHERIFF'S RETURN - CASE NO: 2004-03476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CU]~BERLAND CHASE MANHATTAN MORTGAGE CORP VS KELLEY GARY ET AL REGULAR CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE KELLEY SHERRY DEFENDANT at 1721:00 HOURS, at 152 KLINE ROAD SHIPPENSBURG, PA 17257 SHERRY KELLEY a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 20th day of July by handing to the , 2004 - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~ day of  ~l~O~,` A.D. ! ~rothonot ary" So Answers: R. Thomas Kline 07/21/2004 GRENEN & BIRSIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. NO.: 04-3476 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) 1 hereby certify that the address of Plaintiffis: 3415 Vision Drive Colmnbus, OH 43219 the last known address of Defendants is: 152 Kline Road Shippensburg, PA 17257 FILED ON BEHALF OF PLAINT~F: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. Attoq'neys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, CIVIL DIVISION NO.: 04-3476 VS. GARY KELLEY aAc/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Gary Kelley, a/k/a Gary Kelley, Jr. and Sherry Kelley, in the amount of $97,281.00, which is itemized as follows: Principal Interest to 8/23/04 Late Charges to 8/23/04 Escrow Deficiency to 8/23/04 Corporate Advances Unapplied Funds Attorneys' fees Title Search, Foreclosure and Execution Costs $89,785.63 $ 3,268.83 $ 23.73 $ 707.70 $ 59.00 ($ 313.89) $ 1,250.00 $ 2,500.00 TOTAL $97,281.00 with interest on the principal sum at the rate of $15.95 per diem from August 23, 2004, 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: Kristine M. Anthou, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS: ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices &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 this2.~~ day of /'~]~-( ¢(-'L-I/ Not~ Publi~ ~' 2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, ) ) GARY KELLEY a/k/a GARY KELLEY, JR. ) and SHERRY KELLEY, ) ) Defendants. ) ) CIVIL DIVISION ) ) NO.: 04-3476 ) TO: Gary Kelley a/k/a Gary Kelley, Jr. 152 Kline Road Shippensburg, PA 17257 DATE OF NOTICE: August 10~ 2004 /MPORTANT 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 JIYDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (800)990-9108 FIRST CLASS MAIL, POSTAGE PREPAID By: GRENEN & BIRSIC, P.C. Atto~rieys for P{aintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, GARY KELLEY ama GARY KELLEY, JR. and SHERRY KELLEY, Defendants. TO: Sherry Kelley 152 Kline Road Shippensburg, PA 17257 CUMBERLAND COUNTY, PENNSYLVANIA CIV1L DWISION NO.: 04-3476 DATE OF NOTICE: August 10, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WlLI'ILI'EN 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (800)990-9108 FIRST CLASS MAIL, POSTAGE PREPAID By: GRENEN & BIRSIC, P.C. Attor~ys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: Chase Manhattan Mortgage Corporation ( ) Confessed Judgment (7~) Other (Default Judgment) Fi~e No. 04-3476 vs. : Amount Due $97,281.00 Gary Kelley a/k/a Gary Kelley, Jr. and Sherry Kelley Interest $ 1,793.23 (from 8/23/04 to sale) 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 CUMBERLAND for debt, interest and costs, upon the following described property of the defendant(s) 152 Kline Road, Shippensburg~ PA 17257 County~ ( see attached legal description ) PRAECIPE FOR ATTACHMENT EXECUTION --Issue-writ of sffachment to the Sheriff of County, for debt, interest and 3sts, as above, directing attachment against the above-named garnishee(s) for the following property (if real ~tate, supply six copies of the description; supply four copies of lengthy personalty list) 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. Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: Kristine M. Anthou, Es~. One Gateway Center, 9th Fl. Pittsburgh. PA 15222 Plaintiff (412) 281-7650 77991 (over) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, NO.: 04~3476 GARY KELLEY a/Ida GARY KELLEY, JR. and SHERRY KELLEY, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a set point on the North side of Legislative Route No. 21006 and corner of Lot No. 23, now or formerly of priscilla K. Neurone; thence along said Neurone lot, North 39 degrees 27 minutes East 200.00 feet to lands now or formerly of C. Roy Funk; thence by lands now or formerly of C. Roy Funk North 50 degrees 33 minutes West 128.77 feet to a corner of Lot No. 25 and other lands now or formerly of C. Roy Funk; thence by Lot No. 25 South 33 degrees 03 minutes West 201.25 feet to a point at the Northerly edge of Legislative Route 21006; thence along Legislative Route 21006 South 50 degrees 33 minutes East 106.34 feet to a point of the BEGINNING. BEING Lot 24 in a Plan of Lots for C. Roy Funk, surveyed by D. P. Raffensperger, Registered Surveyor dated May 7, 1963 and duly recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 14 at page 32. Having thereon erected a dwelling house known and numbered as 152 Kline Road, Shippensburg, Pennsylvania 17257 which was formerly R.D. #2, Box 222-A, Shippensburg, PA 17257. BEING the same premises which Jeffrey P. Denis and Cynthia L. Denis, by Deed dated August 2, 200l and recorded in the Office of the Recorder of Deeds of Cumberland County on August 7, 2001, at Deed Book Volume 247, Page 4053, granted and conveyed unto Gary Kelley and Sherry Kelley. GRENEN & BIRSIC, P.C. Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 39-32-2285-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-3476 Civil COI. YNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From GARY KELLEY A/K/A GARY KELLEY, JR., AND SHERRY KELLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,281.00 L.L. $.50 Interest FROM 8/23/04 TO SALE - $1,793.23 Atty's Corem % Due Prothy $1.00 Atty Paid $140.06 Other Costs Plaintiff Paid Date: AUGUST 31, 2004 (Seal) REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, 9TM FL. PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court 1D No. 77991 CURTIS R. LONG Vrothono D~u~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 04-3476 Plaintiff, VS. GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, 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 Kxistine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 152 Kline Road, Skippensburg, Pennsylvania 17257 are Defendants, Gary Kelley, a/k/a Gary Kelley, Jr. and Sherry Kelley who reside at 152 Kline Road, Shippensburg, Pennsylvania 17257, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS ~'~ DAY OF ~.~ ~{" d ~- Notary Public ,2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CW1L DWISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 04-3476 Plaintiff, VS. GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County mad Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on May 5, 2004, Defendants were mailed a combined Act 91 and Act 6 Notice, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. SWORN TO AND SUBSCRIBED BEFORE . Notary Public ' c; ,2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 04-3476 Plaintiff, VS. GARY KELLEY a/Fda GARY KELLEY, JR. and SHERRY KELLEY, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Chase Manhattan Mortgage Corporation, 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 Gary Kelley and Sherry Kelley located at 152 Kline Road, Shippensburg, Pennsylvania 17257 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY KELLEY AND SHERRY KELLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 152 KL1NE ROAD, SHIPPENSBURG, PA 17257. DBV 247, PAGE 4053, AND PARCEL #39-32-2285-005. 1. The name and address of the owner(s) or reputed owner(s): Gary Kelley, a/k/a Gary Kelley, Jr. 152 Kline Road Shippensburg, PA 17257 Sherry Kelley 152 Kline Road Shippensburg, PA 17257 2. The name and address of the defendants in the judgment: Gary Kelley, a/k/a Gary Kelley, Jr. Sherry Kelley 152 Kline Road Shippensburg, PA 17257 152 Kline Road Shippensburg, PA 17257 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 Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Manhattan Mortgage Corporation County of Cumberland [PLAINTIFF] c/o Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 28O6O1 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P,C. Kristine M. Alathou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this~ dayof f~,~(~(-~'~]'/ , 2004. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, GARY KELLEY aJk/a GARY KELLEY, JR. and SHERRY KELLEY, TO: CIVIL DIVISION NO.: 04-3476 Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE Gary Kelley a/k/a Gary Kelley, Jr. 152 Kline Road Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on December 8, 2004, at 10:00 A.M., the following described real estate, of which Gary Kelley and Sherry Kelley are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY KELLEY AND SHERRY KELLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 152 ICL[NE ROAD, SHIPPENSBURG, PA 17257. DBV 247, PAGE 4053, AND PARCEL #39-32-2285-005. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, VS. Gary Kelley, a/leda Gary Kelley, Jr. and Sherry Kelley, Defendants. at Execution Number 04-3476 in the amount of $99,074.23. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 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 mayhave 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 Sher/ffhas 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 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. Kristhae M. An]hou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, NO.: 04-3476 VS. GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a set point on the North side of Legislative Route No. 21006 and comer of Lot No. 23, now or formerly of Priscilla K. Nearone; thence along said Nearone lot, North 39 degrees 27 minutes East 200.00 feet to lands now or formerly of C. Roy Funk; thence by lands now or formerly of C. Roy Funk North 50 degrees 33 minutes West 128.77 feet to a comer of Lot No. 25 and other lands now or formerly of C. Roy Funk; thence by Lot No. 25 South 33 degrees 03 minutes West 201.25 feet to a point at the Northerly edge of Legislative Route 21006; thence along Legislative Route 21006 South 50 degrees 33 minutes East 106.34 feet to a point of the BEGINNING. BEING Lot 24 in a Plan of Lots for C. Roy Funk, surveyed by D. P. Raffensperger, Registered Surveyor dated May 7, 1963 and duly recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 14 at page 32. Having thereon erected a dwelling house known and numbered as 152 Kline Road, Shippensburg, Pennsylvania 17257 which was formerly R.D. #2, Box 222-A, Shippensburg, PA 17257. BEING the same premises which Jeffrey P. Denis and Cynthia L. Denis, by Deed dated August 2,2001 and recorded in the Office of the Recorder of Deeds of Cumberland County on August 7, 2001, at Deed Book Volume 247, Page 4053, granted and conveyed unto Gary Kelley and Sherry Kelley. GRENEN & BIRSIC, P.C. By'. K_ristine l~/Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 39-32-2285-005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 04-3476 VS. GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, De~ndants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Sherry Kelley 152 Kline Road Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on December 8, 2004, at 10:00 A.M., the following described real estate, of which Gary Kelley and Sherry Kelley are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY KELLEY AND SHERRY KELLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE SOUTHAMPTON TOWNSI-GP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 152 KLINE ROAD, SHIPPENSBURG, PA 17257. DBV 247, PAGE 4053, AND PARCEL #39-32-2285-005. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, VS. Gary Kelley, a/k/a Gary Kelley, Jr. and Sherry Kelley, Defendants. at Execution Number 04-3476 in the amount of $99,074.23. 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 fi.om 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE~ PA 17013 800-990-9108 You may have legal fights 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 Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiffhas 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 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, 1F 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 DELWERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELWER 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. Kristine M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, NO.: 04-3476 VS. GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a set point on the North side of Legislative Route No. 21006 and comer of Lot No. 23, now or formerly of Priscilla K. Nearone; thence along said Nearone lot, North 39 degrees 27 minutes East 200.00 feet to lands now or formerly of C. Roy Funk; thence by lands now or formerly of C. Roy Funk North 50 degrees 33 minutes West 128.77 feet to a comer of Lot No. 25 and other lands now or formerly of C. Roy Funk; thence by Lot No. 25 South 33 degrees 03 minutes West 201.25 feet to a point at the Northerly edge of Legislative Route 21006; thence along Legislative Route 21006 South 50 degrees 33 minutes East 106.34 feet to a point of the BEGINNING. BEING Lot 24 in a Plan of Lots for C. Roy Funk, surveyed by D. P. Raffensperger, Registered Surveyor dated May 7, 1963 and duly recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 14 at page 32. Having thereon erected a dwelling house known and numbered as 152 Kline Road, Shippensburg, Pennsylvania 17257 which was formerly R.D. #2, Box 222-A, Shippensburg, PA 17257. BEING the same premises which Jeffrey P. Denis and Cynthia L. Denis, by Deed dated August 2, 2001 and recorded in the Office of the Recorder of Deeds of Cumberland County on August 7, 2001, at Deed Book Volume 247, Page 4053, granted and conveyed unto Gary Kelley and Sherry Kelley. GRENEN & BIRSIC, P.C. Kristine M: Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 39-32-2285-005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 04-3476 VS. GARY KELLEY a/k/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. TYPE OF PLEADING: PRAECIPE TO SATISFY, SETTLE AND DISCONTINUE WITHOUT PREJUDICE FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation COUNSEL OF RE,CORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa.I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 152:22 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, NO.: 04-3476 GARY KELLEY a~k/a GARY KELLEY, JR. and SHERRY KELLEY, Defendants. PRAECIPE TO SATISFY, SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARy Kindly satisfy, settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & B[RSIC, P.C. Attom~-y for Plaintiff Sworn to and subscribed before me this ~:lay of (~0',~ ~d~) ,2004. Notary Public COMMONWEALTH OF PENNSYLVANIA [ mY~ ~Jan. 6,~ Member, Pennsylvania Association ~ N~ades WRIT OF EXECUTION andJor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-3476 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From GARY KELLEY AJK/A GARY KELLEY, JR., AND SHERRY KELLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or othe~vise disposing thereof; (3) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,281.00 Interest FROM 8/23/04 TO SALE - $1,793.23 Atty's Corem % Atty Paid $140.06 PlainfiffPaid Date: AUGUST 31, 2004 (Seal) REQUESTING PARTY: Name KILISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, 9TM FL. PITTSBURGH, PA 15222 Attorney for: PLA/NTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 L.L. $.50 Due Prothy $I.00 Other Costs CURTIS R. LONG Prothono~ Deputy Real Estate Sale #43 On September 03, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 152 Kline Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 03, 2004 Real Esta[e Deputy Chase Manhattan Mortgage Corporation VS Gary Kelley a/k/a Gary Kelley, Jr. and Sherry Kelley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3476 Civil Term R. Thomas Kline, Sheriff; who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kristine Anthou. SherifFs Costs: Docketing 30.00 Poundage 1958.70 Advertising 15.00 Law Library .50 Prothonotary 1.00 Levy 15.00 Mileage 14.80 Surcharge 30.00 Share of Bills 30.42 $ 2095.42 Sworn and subscribed to before me This it. ~ dayof 2004, A.D. Prothonotary R. Thomas Kline, Sheriff Real F~asI6te Deputy