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Home My WebLink About01-3083 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE ) CORPORATION, ) NO.: el ) Plaimiff. ) ISSUE NO.: ) ) TYPE OF PLEADING: RICHARD D. BARTLE~ ~d ) SASH BARTLES, ) CIVIL ACTION - COMPLAINT ) IN MORTGAGE FO~CLOSU~ Defend~ts. ) ) CODE- ~~m~m~ ) FILED ON BEHALF OF PLAINTIFF: ~ r~Ti ~ ~ ~ ~ ') C~e M~at~ Me,gage Co~oration ~ ..~......~- ) CO~SEL OF ~CO~ FOR THIS ) PARTY: ) ) ~istine M. Faint, Esquire ) Pa. I.D. ~77991 I~~~~ ) "'~ ~ ~ ~,~ ) a~N~N & m,SlC, V.C. ) Fi~ ~023 ) One Gntew~y Center, Nine West ) PiKsburgh. PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: Plaintiff, VS. RICHARD D. BARTLETT and SARAH BARTLETT, 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 atter 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 reliefrequested by thc 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. Cumberland County Bar Association 2 Liberly Ave Carlise, PA 17013 Phone (717) 249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION. NO.: o/- Plaintiff, VS. RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Manhattan Mortgage Corporation, by its attorneys, Orenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. Thc Plaintiff is Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219. 2. The Defendants are Richard D. Bartlett and Sarah Bartlett, individuals whose last known address is 12 Rockaway Drive. Camp Hill, Pennsylvania 17011. 3. On or about December 29, 1999, Defendants executed a Note in favor of Patriot Bank, in the original principal amount of $98,900.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about December 29, 1999, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Patriot Bank a Mortgage in the original principal amount of $98,900.00 on the premises hereinafter daseribed, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 4, 2000, in Mortgage Book Volume1590, Page 620. 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. Patriot Bank 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 March 8, 2000, in Document Number 639-959. 6. Defendants are the record and real owners oftbe aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments ofprincipai and interest when due. Defendants are due for the October 1, 2000 payment. 8. On or about December 5, 2000, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiffby Defendants is as follows: Principal $ 98,444.73 Interest through 5/14/01 $ 6,135.83 Late Charges through 5/14/01 $ 249.63 Escrow Due through 5/14/01 $ 388.89 Attorneys' fees $ 850.00 Title Search. Foreclosure and Execution Costs $ 1.500.00 TOTAL $107,S69.08 WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure for the amount due of $107,569.08, with interest thereon at the rate of $ 23.94 per diem from May 14, 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. Kristine M. Faust, Esquire Pa. I.D. #77991 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" NOTE · THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. December 2~, 1~9~ POI'~TOWN, pennlylv.nia ~B)~N~ 5: lOAN CIIARGF.~ If a law, which nppUe~ to Ibis loan and which sets maximum loan chnxges, is fi~m/ly inteq~¢tcd so Ihat tim inwe~ or ,. ~ lonn charges collected or Io be col[eeled in connection with Ods loan exceed thc paninued limits, then: (il any such loan obese shall be xedoccd by Ihe mnount necessary to reduce Iha charge to Ibe panditted ]intitl and (ii) nny suzm already coUectnd from me which exceeded paflintted limits will be refunded to nm. The Nnte Holder may choose to make Ods refund by rndu~ lbo p~ncipal I owe under this Note or by maidn~ .n did-ct payment m me. If a refund reduces principal, tho rnduntion will be U~alod ~ a ixmlaJ Ixcpaytoent. 6. BORROWF.,R'S FAILUR~ TO PAY AS REQUIRED (&) Late Chor~e for Overdue Payments of my ovctdu~ paymem. I will pa), this lalc charge pmmpOy but only mtce on each late paymcot. (B) Default If I do not pay the fuU amoum of each toonthiy payment on the dam il is duc, I will be in defauiL (C) Noth e of Default If ! nm in dofaJJJt, tbe Note Holder muy scad me a wrilten nodce tollla8 mo 0u~l if I do not pay Iha ove-rduo nmounl by a cetmin dato, ibc Note Holder my sequl,e mc to pay immediately lbo fuU amount of principal which has not been paid and ail (D) No Waiver By Note Holder above, Ute No~ H,.,t ,t,-, wUI still have thc right lo do so if I nm in default at n later Omc. (E) ]bayment of Note HoMer's Cob'ts and Expenses If the Note Holder bas required me to pay immndinlely in fuU ns described above, lbo Note Hulder will have the right to be I~d back by me fo~ ail of its costs and expames in en/o~hig lids Nntc lo fha extent not prohibiled by applicable law. 't'nme expenses include, for example, reasonable attorneys' fees. 7. GI¥1NG OF NOTICES dolive~ il or by maUin~ it by £usl class nmil to me al 01o Propally Address above or at a different address if I give Ibe Note Hofd~ n no~ of my d~'grem addr~s. Any no~cg Ihto must be ~iven to the Nolo Holdat under this Note ~1 be given by mail~ng it by first class ma~ Io tho No~ Holder n! tbe ndclr~s staled in Section .3(A} nhove or at a diiferenl adcl~ss if I nm given a notic~ of thai different ~ Note, in, hiding the pmufse to pay the full amount owed. Any parson who is a guarantor, surety m endmser of Ibis Note is nlao obUgeled to do these ~hings. Any per~n who tnk~ over these obligations, including the obUgehom of a genntnt~, · ~m~y m endor~ of lifts Nnte, is also obligated to lussp all of Ibe promises made in this Note. The Note Holder may enfmce ils t~hts undor t~i$ Note n~ each parson imiividualiy o~ agalnsl ail of us toge0~r. This means timt any one of us may be I ~0 ~u'~y ~ pal~on who has obli~ndons under I~ Nolo waive Ibe rights of pi'~sentment nlul nnt~ce of dishonm. 'Pn~nunem" means tha riehl to ~qui~ Ibe Note Holder to demand paymenl of nmmsnts due. 'No0c~ of dishonor" means lO. ALLUN(;~,, KIUI~I{, ADLIENDUM, A'ITACHMF. JqT OH, UTHER MOI)IFICA'I'IUN (HJ~REINAI;'rER RIQ;~RRED TO AS ALI.ONGE) TO THIS NOTE If ~m allod~gc providing loc p~yment adjmm=n~ ~c fm an)' ulhm supplem~nEal infomiadml, is cx~ut~cI by m= Iogctlmr lqo4c ~s if d~ alloa~ ~cm 3 pa~ ol'zhis ~o~. [Cl~cI, ~ppli¢lble box.] [] Graduated Paymen, ^llong. [] Other I,pccifyJ ' D O~r [~:i~yl (,~:a]) without recoursa to ILq/JIATTAN MORTGAGT C~WION' Pay ~ the Order of Exhibit "B" 'RO~E,~T ['. 7.1EOLER RECORDr~': O? D£EO$ C UI,II~ER!.JJ;3 COUNTY-PA 'OOJflN 9 tiff 9 ~0 MORTGAGE THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS MORTGAGE ('Secmily lpA~CpI'} iS gi~n ~ ~mhr ~, legs ('Bo~r'). ~is S~ty h~nt ~ given to TOGEt'HE.q wrrH au thc imlxovemeu~ now ~ harcal~er =retted on th= ..~.party;' ,.~, ~l., .e~mcnls, a,uFun?.an?_~ _. ~d rmufu now or berea~cr a pa~ of mc p~.r~.,),: All replacements nd ..nddi.~ms s~.l 2o ne covcrca oy tins ~cufl y [nstrumcm. AU oF tha forcioing is refefl~cd to in tids. Sa:umylns .tm?n~. t~suw t-mpery. ---- .. BORROWI~ COVENANTS that Bm'lower ts lawfully sczse~ of the estate harcby con. v~'ycd n~. lus mortgage, grant and cmwcy the Properly and that.thc Prolxm~, is uncncuTnharcd, ~.cept to.r .cncunu~. anc?. m · Bmgowes wafl~nts and will defend generally the t~de to thc J~rty aganm au clam,..s arm acmanos, snojcct to any THIS SECURITY INSTRUMENT combines un~orm covenants for national usc and non-uniform covenants with lindtcd vafiafimss by jufi/dicdm~ to cmmitote a unit`otto sectu-tiy i~ coveting sea] pr.of~fly. UNIFORM COVENANTS. Borrower and Lgcd~'covcflant and ags~e as follows. . , 1. Pa.lrment or PFIncipd and Interestl PreFayumnt and Late Charges. Bo~ow. cr sba]! pL'oltt~fly.pa~, wiled dug tuc pt~ciFal oF and int~cst on thc debt evidenced b~' thc Note ? any pteFayn~m ~nd late ?aries ouc unucr me L~ote. 2. Funds roi* Ts,xes and Insurance. Subject to appticabhi l~.w or to a wptten. ~v~ver by texe~ and au,~,.mn~lts which may attain [m .o?ty over this .Secumy mslrumcnt as ~ uen on payments or pound rents on the PmFafly. at' any; (.c} yearly hazan:l or pmpmy snsuranc~ prcnuums, a~.. (d.). y~ly. insurance p(mnlums, it' any. Tha~ items are ca]lcd Escrow Items.' Lender may, at any Ltmc. collect and nolo runos tn an ag,~.~ M to ~_ _,:ee~_ _ ~ maximum amount a lender t'or n t'cdcrauy related mor~ loan may req.ui~ for Bor~. w~r~s escrow ~ taw. ~ b*'node sbaU be held hi an iusdtution whose dqx]sits am insured by a [cderol agency, insuumcnte]ity..or entity (inchid~ L,cm~r, ff f,'nder is MCh an in.~tufiofl) or in uny FcderaJ I-[om~ l.,oan Bank. Lender shau apply the run~s to pay ~ sorvicc u~d by Le~lcr in conncction with this loan. unless applicable law provides mharwise. Unless an ag~cm~nt Smrow~. without el*alu*sc, an mmual ~*counlin~ oF the Furors, showiq c~cdils and debits to fha Fu,ds and lie purpose for which =ach dauit to ~ Funds was made. ~ Funds are plcd~ed u additional security for all sunu secured by dds Security for tij~ excess Punds jn= with the ~eqolremems OF applicable law. If tha amount o~ me I*unos hmo oY L*enoer Y lime is not sufficient to Fay Iha Escrow Items when due, Lender may so nolify Bon~wer in wdtiq, and, in such case B= sbeJl Fay to Lender Iha anmunt n~cessa~/to make up Iha deficiency, BmTOWe; shall make up Ibe deficiency in no mo~ than twelve ImmlMy payments, at Lender's sol~ ~lisc~ti~n. an Upmt Faymcat ~., full oF au sun,3 secured by th~s Secumy Insuume~ Lend~ shaU pmmpdy roland to ~orro? y ~ ~ by l.,emha'. If, uader para~'aph 23, L,gnder shall ~-quhe or sell the Pro.my, Lendes', sale oF thc Ptolemy, shaU apply any Funds hald by Lecdgr at tiw time of m.-qhisidon or sate as a credit asainst the sums s~ured by rids Security lp~trum~nl. 3. ApplJg-~rms or Payments. Unless applicable law pmvldes mharw~,e, aU p~yments received by Lender under Far'a~apha I and 2 ~ be ~ppllcd: first, to any p~Faymcnt char~es due under Ibe Note; secomJ, to anmunts payabic under p~a~*-apb 2 third, to interest due; fourth, to principal due; and last, to any lam cha~ duc uo*d?r tiw.N, c4c. 4. ~; ~ Borrower shau pay au taxes, ~---*,.-~-.ments, c. narge~ zinc& uno unFas nons attributable to thc Pmpg~y wldcb may attain p~o~ty owr this Securiny lo. suumCul, and ]~ghold payments o~ ground reuts, if any. Borrower shalJ Fay thasc ol~lisatio~..s hi Ibe toanncr provided in paragraph 2, or il* .? pa~d in. that,?al~?r, ~orrowes shal! Fay .?n ~ dbcclJy to Iha pa~on owed paymenl. Bo~ower .shall ixomptiy fundsh to L~.naer ~J.~ n~ttcn Ibls FafzF, raplL If Son*owet makes these payments directly, Sorflr, v~ shaft promplJy mrmsh to L,enuer recetpls ev~c~ncnq thc IMyments. Bolmwer ~ ixompdy discharse any Ilea which has priority ov~ this S~curity Inslmzn~nt unless Borrowec in wrltinf to the paymenl oF the obliphon securcd by lira lien in a manner n?eptabie .to L?~e. r; (~),co~ltests in 8uod faith I,ha coForc~m~ut oF ti~ lien; or (ct secutc~ from ~ hold~ or tha lien an ap~-tnent snost`actory to ~ suhagSnatmg the d~s Secufi~' Iht, raiment. If Lender detennin~ thai any part oF d~ Property is subjecl to a lien which may olndn priority over ~ Sccufily insh-um~l, Lender my sivc Bel3ower a nodc~ idendt`yin~ th~ lien. BmTower sha]l satist'y the lien or ta]te ono or mm~ or tl~ act~ms set foflh above witldn 10 days OF f13~ giving oF notice. S. Ibnrd or ProperO' lv~urance. B.o~.wet st~ll .l~cp ~ im.p(ovcn=nts now e?dn~ PmFafl.y insured ag, ainsl loss by f3~, hazards mc!-~,.a wtddn the term entsndcd covera~c and any mhar haL.~ds, mczumnf~ for thc pat~ods thai LeJid~r requires. ~J~lc irt. surml~ career I~ovidin~ Ute il~uras,:c d~l he cluJ~en b~, Botruwcr subject to LenderV app,)raj which AbaU no( Ix: unrensonnbly withbeld. If Bo~ower fnJls to mmnloJn cover'~e described above, Lender my, at Lender's op~on, obtain cover-~e to j~m~lect L,ender'$ fights in thc Property. in a .cco~ _ante. wi. th pernSraph .7. -- -- All insur·ncc polleics and renewals shall be acceptable to lender and sbe]l mclunc n stammr~ mortgage clause. L.ctmer shall have the fight to hold th~ policies and renewals. If Lenda~ [equi~es. ~wcr shall promptly Bive to Lender --ti receipts of paid piuninms and r~ewn] notices. In tbu event of loss. BOtTOWer demi give prompt notice to the insurance c~rrlcr and f ,*~a,, Lend~ may make proof of loss if not mmJc pmmpdy by Bo~ow~r. - Unless I -,,~.r and BmTOWer od~rwise apec in wfitin~ iv. suranc~ prucccds sbuU be appl!od to restoration or repair of Properly danm~d, if tho testoratinn or repair is economically feasible and Lend~s. ~cufity Is not le4mened. If rite .?tol'leJ .on or repair is n~. economically feasible or Lender's security would be le~sgnod, the insurance pmceods shah be npphed to the file Prolite, ol' do~s riot alLSwer Within ~0 days n P. oOl~ fi'om Lcnd~' thJit thc ]p=s~l£anc~ CarTle£ n~s Ollere(I to setue A Clalll% then lender nm)' collect the insurance proceeds. Lender may use tbe I~ to ?.pair ? restore the .P?pe. fly.or to pay sums sccun~d by thin Security Instrumem. whtsber or no~ Ibefl due. The 30-day period will begin when the nmJce ts given. Un]ess Lender and Borrower otherwise aF~e in writing, any application of proceeds to pl'incipel shah not extend poslpems the duc date of the nmnthJy payments referred to in per'agrapbe I and 2 or change the nmouto of thc peyments. If under Imagraph 23 the Properly is ncquired by Lender. Bo~ower's right to any insurance policies amJ proceeds resultin8 from damage to the Property p~oA to the n~luisition sl~ll pass to Lender to the extent of the sunts ~curod by this Securily Ir~lmment munedintoly prim' to Ihe ncqdisitiofl. 6. Occuplmcy, PreseFvalinn, Mnlntenance ·nd PFole:llon of Ihe Properly; Borrower's Loan Apltilcnlinn; l,easebolds. Borrower shaJl occupy, establish, nad use the Properly as BmTowcr's principal residence.wi!hin six!y days,nfler Ihe execu~on of this Sccurty instillment and shall conlinue to.occupy ti~ P .A?rty ns .BmTOWer's pnnclpeJ zc~lticnce io~ I ea.'ti one year after the dale of OCCUpnACy, unleu Lender odterwlse ap~es in wilton, which coflsent shall nm be mucasonnb y withheld, or unless ~lP. nuadn~ circumstances ex,st which nrc beyond Borrower's conrad. Borrower shah no~ d~lmy, damnge ef imp~r th~ 1~, allow the Properly to dats~o~nle, or commit waste on the Properly. Bon'owcr sJ~.~ll be in dafnull if any forfeitoit action or procoodinL whether civil or criminal, is begun that in Lenda~'s gund faith judgment could result.in fed'eitom of th,- PrOpafly or odlerwise nuderaily lmpeir the lien created by tids Security JnstAunent or Lender's SeCUrity ~ Ikxl~wer may cum such.a default and ret _n._~t~.. le. as pro.vid?J in peragraph 17..by can~,ing ~ Action .or prucec~ng.to ho dismissed with · fldin~ thnl. m Lender's good faith delormumuon, ih'ccludas forfeflure oA the uormwer s interest tn tm Properly or ~4her male~ai impairment of ~ lien created by rids Security IJL~tmrnent o~ LemJe~s security interest. BmTower dwil also ho in default if Boflowp, r, dLu~ the loan nppUcation p~ocess, give ?ateriaily Fa]se ~ inaceurnle '.mr. ormatiun or · J,b.~,.~r~ to t ~ (or failed to p~vida I..gndar with any material ioformatJon} tn connectJon w~th the lean evidenced by the Nole' incJudb~, but no~ Umilod to, represenledefls concerning Borrower's occupancy of the Property ns a pl'incipai residence. If IMs Secu~ty Instalment is on a leasehold, Bor[ower shall comply with all tbe p~visinns of the lense. If I)mTower ncquires fee thle to thc l)ropefly, thc leasehold and ti~ fee title shall not n~r~e uninu .L?nder a~ree~ to Ibe merger in w~ting· ?. ~ of Lender's Rights in the Properly. If Borrower fails to perform ~ covenants and n~reements cenlldnnd in this Security Inalrumeto, or there is a let',at plx~ceedin~ that nmy s~nJficantiy affecl Lender's rights in the Prqle~' (such ~ a ~___~n~ in ben]~u, p~cy, probele, for condemnndon or forfeltu[c m' to enforce hws or reguindon, s), then ~ nmy do aAd pay for wbutever is necessa~ to IX~CCt thc value of the Pruperty nad Lender's rights in I~-uda~s acm may include peyin8 any surn~ secured by a lien wbinh has priority over this Security Instrument. appearing in coufl, peyin~ Aeaionab~ attorneys' fees and entering on ~ Properly to mnkc repe]r~. Although Lender may take action undar this ixuiL, aph 7, J..cnder dags no/have to do so. Any amounts dldauued by Lender under this pera~raph 7 shaU become ndditionai dahi of Boirower.securcd. by ~.his S~onrity InAInlment. UnJess Bo[rower and Leodcr agree to other lernu of peymenl, these anlounls shall bent lntere.s! from me dine of dishofscmem ~t the Noto r~le and ~ be payable, with interesl, upon unUce from Lender IO Borpowcr requesting peymenL 8. buspe~Jon, l. Ander or its agent may make reasmmlde enld~ upon and mspectinns of the Property. Lender shnll ~ive B~x~ower no~c~ nl the dine of or prior to an lespactiofl .s.pe~. ifyinJ~ Ae~sonnble .c. ause for the inspect~o.n.. .. ., 9. Condemnnlion. The. pmc~:ls of any awanJ o~ claim for damnges, ~]i..r~ or consequen!Jnt, tn connectmo wit~ any coodanmadon or other tal~ of any peri of the Pmpafly. or for conveyance m heu of cemJeJunalJon, nit hereby 8ssJgnco and shall ho ixdd to L,mder. in tho evenl of it total toJ~ of the Property, the Ixe,~'~d- sbuU be nppJled to thc sums secured by lins Sccurty inimJme~t, wbedber ~ nm then due, with any eaters p~d to Bo~ower. In tbu eve~d of a pex~ai lai~nR of tile Property in width Ibe fair market value of the Property inunedinlely befo~ the laidn~ is equal to or pealer than tite nmount of thc sums sgcu~d by lids Security Instrument immediately befel'c Ihe t~dnL un]ess Bon'ower and Lender otherwise agree in wrtin& the sums seemed by tids Security in~trmnent shall be reduced by the anmunt of thc pmceeda multiplied by dJc following fraction: (n} the tma] amount et' the sums secured inunedlately before the tnking, divided by (b) the fair mnrket value of the Properly imme~ittely befme thc lel~ng. Any belence sheJI be paid to Bo~Tower. In the event of ~ pe~tiai lal~ng of the Properly in which the fair nmrbe~ value of the Properly immodialely before the ~ is leu IhnA thc oJ~munl of the surp. s ~ immodhte]y befo~ the taking, unless Borrower and Lender ol]lerwise ague in writing or unless npplicnblc law othe~vise provides, the proceeds shnl] be ~pplled to the sums sccu~d by th~s Security Instrument wbetber or riot the sums am then due. If lb= Pmpe, ny is ~==ndu~d by Bunow¢=. ~ il', afler l~ by ~ m B~ro~ ~ d~ ¢~ ~=s ~u m~¢ ~ ~ ~ ~ w~ ~ ~1~ ~ ~i~ of ~y ~hl ~ ~y. JZ ~ ~ ~ ~ ]~ ~ by ~s S~ty ]~nl b sub~ Io a law w~h ~ls m~immn I~ c~rgc~ 3714 ~ ~ 37. ~c 38, U~(~ Slates C~. ~ law ~y ~Ey f~ tclnsrntc~nl) ~fo~ ~c ~ I~ ~.y p~u~t Io ~y ~ of s~e c~tain~ in this ..-.- : ~,'~.~.... . . : ...' .-.~...'?~ ~' .. · ~...'~. '~ · ~:,_. . . Borrower wUl be fdven written notice of the change in acc(xdancc with paragraph 13 above and applicable law. The nodce also contain any other ioformntitm i~quinal by applicable law. 19. Hnnrdous Substances. Borrower shall not cattsc or peflnit tho presence, use, disposal, storage, or ralep, sc of any Hazaedous Subrdances on or in the Properly. Borrower thaU not do, nor allow anyone eiso ~o do, nnylldag affecting tho Pmpe~/thot is in vinhtinn of any Environmental Law. Thc prccedin~ two scnta~ces shall not apply to the ixescncc, use, or rdorage ~ tbe Properly of small quantides of Haz.~dous Substnnccs thai ~ro generally recagnizcd to ho appt~nte lo normal t~donllal uses and to m~nlenance of Ibe Fzoperly. Bm~ow~ shau [XOml~Jy give Lander wrillen nollcc of any invesllgetion, chdm. demand, lawsuit or Olber acliofl by any sovenuneotal or regolatofy agency or Ixivale Ix~y involviag the Properly and any HnzaflJous Substance or Environmental Law of which Bm'mwe~ has aclual knowied~e. If Ooflower learns, or is notified by any governmonlal or regulatory authority, thai any removal or oilier ~cn~diatlofl of any Hazardous Sulmancc affectin~ the Properly is necessary, l:lofl'ower shall pmmpdy take au ~-~'"?uy remedial actions in nccordem:e with Envirmlmentel Law. pe~tlc~des and bethlcides, volatile solvents, materials coflteiniag asbestos or I~]naldobyd~, nnd radio~lctive nmtedals. As used in this parapnFh X9. "Environmemal Law" means federal laws and laws of the jurisdicdon where Ihe Properly is located Ihnt ~.late lo bealti~ safely or envimmuenlal pmtectic'~. 20. Funding Fee. A fcc equal to ono-holf of o~ percent of thc balanco of this loan as of thc date of transfer of tho Properly shall be payable at Ihg tinxo of Iransfcr Io the loan hold~ o~ ils aulbei~T~l agent, as Iflostec for tile Depeflmenl of almedy seound by this in,turnout, shall bear inter~t at Ibe rate herein provided, and. at the opdon of tho peyee of the L_.,,~__ edm~s bexgby s~cu~d or any Iransfcrcc Ihoreof, shell be immediately duc and peyablo. This fcc is automatically waived if ~ asmlme~ is exempt unde£ Ibe provisions of 38 U.S.C. 21. PrecendnE C"nm~e. Upon nppUcalinn for apl)rOVdi Io allow &~sumption of Ibis loan, a procenin~ fcc may be chor~d by Ibc loan holder or ils anllm~zed agent for determining Iho credilwoflhiness of Ibe ~sumor nnd subsequenlly mvisin~ Ibe held~s ownenhlp rccorde when an approved Izansfe~ is completed. ~ amount of this chorge shall nol exceed Ibc maximum e~tnb[ithed by Ibe DcperUncnt of Velerap. s Affairs fo[ a loan to wiuch Section 37i4 of C'napier 37, Title 38, 22. Ind,-~-t? Llnldlily. If Ibis obli~auon is ~ssumed, Iben Ibe ~sunv:r hereby alrccs to assum~ aU of Ibe ubligatiaos of tim vcte~un unde~ Ih~ temu of Ibe irtslntmenls cre~dng and ~ecur~ Ibe loon. Tbe nssumcr furlber ~ to indenmify th~ aused by this insn-umeto. NON-UNIFORM COVENANTS. Borrower nnd Lender further cov~-um and agl~ce ns follows: 23. Accderotioeq Remedies. Lender shell give notice to BOlTower prior Io accelerotion folluwing Burrower's unless appllcablelaw provides otherwi, se}. Lender sludl notify Borrower of, moab other Ildngs: (a) Ibe defnulll (b) the oraloo I~lulrnd Io cure the dd'ault; (c} when the defnoll mLISI he curedt and (d) thot fat]ore to cure the default ns spedfled may rend& In nccelerotlan of the s4nms secured by Ihis Secur~ly Instruments foreclosure by Judicial proeeedln~ to amerf. In the foredosua*e p __receea__ inl~ the nun-eade~nce of at defnull or nny other defense of Borrow~ lo acceleration mad roredomu~. If the defnu]l Is not cured ns spedf"tedv Lender ot Its opalon may require immedinto payment in full of dl sun~ seeurnd by Ibis Security Instrument without furlher demnnd nnd may foreclnse this Security Inslrumenl. by .judidol proce~ Leader shall be eotllisd lo collect oil ex~.use~ InenrTed in purmin~ the remedbss provided In pm'qrapll 23, ladndlng, but not limited to, attorneys' fees and costs of Ulle evidence lo the exlent permitted by appUcabJe inw. wi~haut cber~ to Bmmwor. Borrowor shall pay any z~en(~tJ~ en~s. 2S. Waivers. ~xmw~', to tho extent pcrndtied by appllcaUIc ~nw, waives and ntic~ luty orrm' or d~'~cls in ix~ceedinfs Io enfo(ce dds Security Ins~ument, and hereby walvcs the benefit of any Ixesent or future laws i~oviding for stay 26. Rdnstatoment Porlnd. Bonowcr's time lo reinstale ix32vlded in paragraph 17 sh.aH extend to cult hour pi'ior to tho s00 t590r .624 ........:'...-: .-.:' :.. .... ... : . ~.-'. ,. :~' /...~;.._.........-:'. ~ - :; ~. '. · " ':'-'.::'i '" . ::~..:'.-..:.~../~;'.'. i~' . .:. .' ~' ~,.,~.,.- : ' -.. ~w~ Allen Tow~ip, C~crl~d County. Pcoasylv~i~, more pa~ieul~ly boundgd etM BEG~G at n po~t on t~ cutely l~a of~cknway ~ve whi~ ~nt is ~01,04 feel No~ Not ] 9 ~ 20, B~ H on ~ ~in~ m~ ~ of Lots; ~mce ~ the m~ly line of ~wey ~i~ N~ 4Z d~M 20 mlnu~s W~ 80 ~ct m e point at t~e ~ing line be~ ~ Nos. 20 ud 21, B~ H h said/'lan; ~e i~flg sa~d ~vid~g llne ~o~ ~7 dc~ 40 minutu Eut 125 fe~ to a po~ ~ ~c w~t~ly lin~ o~Lot No. S, RIo~ H on said pin; ~ a~ ~o w~ter~ E~ of~ Nos. ~ ~ (~ Blo~ H on s~d Plan South 42 dc~ 20 m~tu ~t 80 fe~ to a point at ~d~ ~e b~em Eno bc~ ~ts Nos. 19 ~ 20, BIo~ H a~s~d; th~, ~on~ s~ Sou~ 47 ~ 40 minnies West ~25 f~t to e point, thc placc o~BEO~G. befog ~ ~ n~b~ "12 ~way Drive. ~ B~G Lot No. ~0, Block H ~ ~ PI~ ofCoun~ ~ Ta~ Eomcs, ln~., whi~ Plea is ,~d~ in t~ ~mb~land ~un~ ~'s O~ce in Dced Do~ 7. Pag~ 4 I. ~D~D ~, NEVBR~E~S, m sunm~ts, ~t~;o~ons, ~c~eslons, c~ditions ~d risha ofway offS. BEING T~ SA/~E PI~EMISF~ WHICH Jan~ W. Gulshall and Belina $. SweBer. by deed da.ed De,ember 29, 1999 ~nd mere'dad in the o~co of ~ho R~:order of Deeds in and fo~ the County of Cmbedmxl, 8~anted and conveyed unto R.icha~d Bn~tlen and ~ Bartlett, in fee. ~leFr~ ~ , Assistant Secrem~y. and duly aud~zed representaiive of Plairdiff, deposes and says subjec~ ~o the pe-sltics of lg P~ C.S.A. Scction 4904 relalin~ to unswom falsificalion to authogfies that the facts set forth in the fo~e$oin~ Complaint in Mortgage Foreclosure are ~ue and correa lo his information and bclief. , Assistant Secrecy Grenen & Birsic, P.C. Verification SHERIFF'S RETURN - REGULAR CASE NO: 2001-03083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI2%ND CHASE MANHATTAN MORTGAGE CORP VS BARTLETT RICHARD D ET AL DEP DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who bein9 duly sworn accordin9 to law, says, the within COMPLAINT - MORT FORE was served upon BARTLETT RICHARD the DEFENDANT , at 1950:00 HOURS, on the 23rd day of May , 2001 at 12 ROCKAWAY DRIVE CAMP HILL, PA 17011 by handin~ to RICHARD BARTLETT a true and attested copy of COMPLAINT - MORT FORE to~ether with and at the same time directin~ His attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 18.00 Service 7.44 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 35.44 05/24/2001 GRENEN & BIRSIC Sworn and Subscribed to before By: me this ~D ~ day of Deputy Sheriff 4! A.D. P~o~honotar¥ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS BARTLETT RICHARD D ET AL DEP DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARTLETT SARAH the DEFENDANT , at 1950:00 HOURS, on the 23rd day of May , 2001 at 12 ROCKAWAY DRIVE CAMP HILL, PA 17011 by handing to RICHARD BARTLETT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 05/24/2001 GRENEN & BIRSIC Sworn and Subscribed to before By: me this ~O ~ day of Deputy Sheriff ~; A.D. ! ~Prothonot~ry ~ ' ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE ) CORPORATION, ) NO.:01-3083 ) Plaimiff, ) ISSUE NUMBER: ) vs. ) TYPE OF PLEADING: ) RICHARD BARTLE'IT and ) PRAECIPE FOR DEFAULT JUDGMENT SARAH BARTLETT, ) (Mortgage Foreclosure) ) Defendants. ) CODE - ) ) FILED 0N BEHALF OF PLAINTIFF: ) ) Chase Manhattan Mortgage Corporation ) ) COUNSEL OF RECORD FOR THIS I hereby ¢~rtify that the address ) PARTY: of Plaintiffis: ) 3415 Vision Driv~ ) 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 12 Rockway Drive ) Pittsburgh, PA 15222 Camp Hill, PA 17011 ) ) (412) 2gl-7650 GRENEN & BIRSIC, P.C. s for Plain~'-ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHA'I'FAN MORTGAGE CORPORATION, NO.:01-3083 Plaintiff, VS. RICHARD BARTLETT and SARAH BARTLETT, 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, Richard Bartlett and Sarah Bartlett, in the amount of $108,757.23, which is itemized as follows: Principal $ 98,444.73 Interest through 6/25/01 $ 7,127.22 Late Charges through 6/25/01 $ 285.39 Escrow Deficiency $ 549.89 Attorneys' fee $ 850.00 Title Search, Foreclosure and Execution Costs $ I.$00.00 TOTAL $108,757.23 with interest on the Principai sum at the rate of $23.94 per diem from June 25, 2001, and addilional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: "'"' '~' ,e~. - x'~~ Krist~e M. F~ust, Esquire 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 Plaintiffwho, 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 end certifies that the Notices of Intent to take Default Judgment vmre mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this~t~ dayof JLL~.~J ,2001. Notary Public ~ (--) IN THE COURT OF PLEAS OF CUMBERLAND COUNYY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE ) CORPORATION, ) NO.:01-3083 ) Plaintiff, ) ) ) RICHARD BARTLETT and ) SARAH BARTLETT, ) ) Defendants. ) TO: Richard Bartlett 12 Rockway Drive Camp Hill, PA 1701 l DATE OF NOTICE: June 13, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland Coun~ Bar Association 2 Liberty Ave Carlise, PA 17013 Phone (717)249-3166 800-990-9108 GRENEN & BIKSIC, P.C. Attorneys for Plainti~ 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 MANHATTAN MORTGAGE ) CORPORATION, ) NO.:01-3083 ) Plaintiff, ) ) ) RICHARD BARTLETT and ) SARAH BARTLETT, ) ) Defendants. ) TO: Sarah Bartlett 12 Rockway Drive Camp Hill, PA 17011 DATE OF NOTICE: June 13, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'tT~N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave Carlise, PA 17013 Phone (717)249-3166 800-990-9108 GRENEN & BIRSIC, P.C. Attorn~j~for Plaintiff'"-'" 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 MANHATTAN MORTGAGE CORPORATION, NO.:01-3083 Plaintiff, VS. RICHARD BARTLETI~ and SARAH BARTLETT, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: RIchard Bartlett 12 Rockway Drive Camp Hill, PA 17011 ( ) Plaintiff (XXX) Defendant ( ) Addilional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~ ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $108,757.23 with interest on the Principal sum at the rote of $23.94 per diem fxom June 25, 2001, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mo~gaged premises. Deput~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.:01-3083 Plaintiff, VS. RICHARD BARTLETT and SARAH BARTLETT, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Sarah Bartlett 12 Rockway Drive Camp Hill, PA 17011 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~~. ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $10g,7S7.23 with interest on the Principal sum at the rate of $23.94 per diem from June 25,200 i, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Depu~ z f BEING the same premises which James W. Gutshall and Betina S. Gutshall, f/k/a Betina S. Swcger, by Deed dated December 29, 1999 and recorded in the Office of the Recorder of Deeds of Cumberland County on January 4, 2000, at Deed Book Volume 214, Page 439, granted and conveyed unto Richard D. Bartlett and Sarah Bartlett. DISTRICT 66 PARCEL NUMBER 13-25-0022-167 TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, h~reditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rems, issues and profits thereof; and all the estate, right, right, title, interest, property, claim and demand whatsoever ofthe said grantors, as well at law as in equity, of, in and to the same. GRENEN & BIRSlC, P.C. Kfi~s~h~e M. F~aust,'~squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-3083 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy thc debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff(s) From RICHARD D. BARTLETT AND SARAH BARTLETT, 12 ROCK.AWAY DRIVE, CAMP HILL, PA 17011 (1) You are directed m levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the proper~y of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnisbee(s) that: (a) an attachment has been issued; (b) the gasnishee(s) is enjoined fi'orn paying any debt to or for the account of the defendant (s) and frorn delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subjeet to attachment is found in the possession of anyone other than a named garnishee, you are directed t~ notify him/her that be/sbe has been added as a garnishee and is enjoined as above stated. Amount Due $108,757.23 L.L. $.50 Interest FROM 6/25/01 TO SALE - $13,638.13 At~y's Corem % Due Prothy $1.00 Arty Paid $123.44 Other Costs Plaintiff Paid Date: MAY 29, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name KRISTINE M. FAUST, ESQUIRE Address: 1 GATEWAY CENTER, 9 WEST PITTSBURGH, PA 1S222 A~orney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-3083 Plaimiff, VS. RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974. 41 P.S.101. ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, aaomey for the Plaintiff, who being duly sworn according to law deposes and says that on December 5, 2000, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. SWORN TO AND SUBSCRIBED BEFORE ME D^Y OF. V}I ri ,2002. Nota~ Public 0 N~al Seal . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-3083 Plaintiff, VS. RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 12 Rockaway Drive, Camp Hill, Pennsylvania 17011 am Defendants, Richard D. Bartlett and Sarah Bartlett, who reside at 12 Roekaway Drive, Camp Hill, Pennsylvania 17011, to the best of her information, knowl~lge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS~4~DAY OF ]/~'~ [,~i ,2002. ' Notary Public Reb~ca G. Blazina. Notary I~_blJc (2R~ of Pilt~bur~h. Allegheny L:oallt~ / My Commission Explr~s June 2, 200'3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-3083 Plaintiff, RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY 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 ofrecord concerning the real property of Richard D. Bartlett and Sarah Bartlett located at 12 Rockaway Drive, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RICHARD D. BARTLETF AND SARAH BARTLETT OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER ALLEN TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 12 ROCKAWAY DRIVE, CAMP HILL, PA 17011. DBV 214, PAGE 439, AND PARCEL #13-25-0022-167. 1. The name and address of the owners or reputed owners: Richard D. Bartlett 12 Rockaway Drive Sarah Bartlett Camp Hill, PA 17011 2. The name and address of the defendants in the judgment: Richard D. Bartlett 12 Rockaway Drive Sarah Bartlet~ Camp Hill, PA 17011 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 [PLAINTIFF] 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Inheritance Tax Division Bureau of Individual Taxes Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare 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 plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. Kn'~t, ine M. F~squire Attorney for Plaintiff SWORN to and subscribed before me thi.s~ ~'~ day of /~[(I _~,~/. ,2002. L Notary Public /~ - '*dl'M's'- No~al S~I 1~ _,~.r,-_ n O. nl:~zine, Notary ~ubli= City of Pill~l~r~h. AIIc'~h~ny My Commission Expim~ June 2. 2003 " OF Co~ON pLEAS OF IN THE COOPT Cr~tL Dr~IslON CHASE MAi,~tATTAlq MORTGAGE NO.: 01-3053 CoRpORA'rlON' plaintiff, VS. RiCHAP-D D. BAP, TLE'rT and sARAI'I BARTLETT, Defendants. TO: Richard D. Bartl¢.tt 12 Rockaway Drtve CamP Hill, PA 17011 the above Writ of Execution~ed out of the Court of TAKE NO'rICE that by virtue of to the Shefiif Cumberland County, CommOn pleas of cumberland CountY, pennsylvania, and directed, there will be exposed to Public Sale at the cumberland CountY CourthouSe Commtsstoners Hearing Room, 2~ Floor 1 Courthouse Square Carlisle, PA 1'/013 on wednesday, September 4, 2002 at 10:00 A M, the following descleal estate, of which Richard D. Bartlett and Sarah Bartlett are the owners or reputed owners .~.,, = ca- aND CLAIM 0F RIcH'~BARTLETT AND ALL THE pdGHT, TITLE' IN SARAH BARTLETT OF, IN AND TO THE FOLLOWING DEsCRIB)PERTY: ..... ,c-_ r~cRIBED REAL ESTATE SITUALOWER ALLEN ALLTHEFOLLOW~,,.~,~.~_~qNSYLVAIqlA' HAVING ID WHEREON A COUNTY, CUIVtBEP-LAND AND NUI~IBERED AS 12 ROCKAW rE, CAMP HILL, DWEL . ,-,,ax~ 14. pAt-;~ PA 1'/011. vv- 1 The said Writ of Exeeution has been issued on a judgment in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, VS. Richard D. Bartlett and Sarah Bartlett, Defendants, at Execution Number 01-3083 in the amount of $122,395.36. 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 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 ofthe 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 fi~m being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 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 SherilTs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. lfthejudgment 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 Sheriff's Sale would ordinarily be delayed pending a trial ofthe 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, 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 SHER~F 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. l~i..q~ine M~/Fa~*~, Esquire Attorney for Plaintiff SAI AB D~f~~' __ . ~,~im~v~~n~'m~m~ p~iCU~ly ~d~ ~L t~t c~u ~t or p~l of 1~o ~ ,~ .....~'' AII~ To~hip' c~b~d Co~, P~SYl~i~ mo~ e~t~ly lin~ of ~ckaway folloWS: · d P~ BEG~G a a point on ~ ~ th~ di~idin~ liu~ .... · *~e n~c~t~l~ ~n,~ ~ ~,,cin~ct m~uon~ r,~ a po~t No~ ~' "' ' '0 Bl~k ~ ou m~ ,,~- .. '~d di~d~iineN°~h ~ de~S line of ~c~way ~ve No~ 42 de~s 20 minu~s We~ 80 fe~ to ~ ~o. 19 ~ ~ ' f~ to a ~int ou ~e weakly line of ~t b~~ No. ~0 ~d 21,Bilk H m smdPi~, ~ al~g ~e weakly line of~IsNo. 5 ~d 6, Block H on s~d PI~ South 42 ~s ~0 miuut~ E~t ~uutesE~t 125 . . ,,_ ~a~nd20,Bl~kHafo~d;th~al°~s~e 80 f~ to apoint at ~viding hue f~ to a poinh ~e pl~e ofbe~rig' de~s 40 m~utes West 125 . · ' ' South 47~v~G ~e~ erred a single brick ~d ~e - u~b~ ~ 12 R~kaway ~ve. ~ ..a T o~ HomeS, ~c., w~ch Plm ,o~.,a o~ g~'s Office m D~ B~k ~, page ~1. ~ BErG ~t No. 20, Bilk ~ m u~ ---- is ~ in ~e C~~=~''~ C ~ER ~ s~CT, u~el~s' w ~ts, ~s~cfio~, ~s, condi fi~ of way of BEING the same premises which James W. Gutshall end Betina S. Gutshall, ffk/a Betina S. Sweger, by Deed dated December 29, 1999 end recorded in the Office of the Recorder of Deeds of Cumberland County on Jenuary 4, 2000, at Deed Book Volume 214, Page 439, grented and conveyed unto Richard D. Bartlett end Sarah Bartlett. DISTRICT 66 PARCEL NUMBER 13-25-0022-167 TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurte~ences, whatsoever unto the hereby granted premises belonging, or in enywise appertaining, end the reversions end remainders, rents, issues end profits thereof; and ail the estate, right, right, title, interest, property, claim end demand whatsoever of the said grantors, as well at law as in equity, of, in end to the same. GRENEN & BIRSIC, P.C. By: ~-. / c K~e M. lffaust,"L~squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND SS: I, Robert P. ZieRler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Vererans Affairs is the grantee the same having been sold to said grantee on the 6th day of Nov A.D., 2002, under and by virtue ora writ Execution issued on the 29th day of May, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 3083, at the suit of Chase Manhattan Mt~ Coro against Richard D Bartlett & Sarah is duly recorded in Sheriff's Deed Book No. 254, Page 4284. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ..~ day of ~ ~,'~ , A.D. 2002 Chase Manhattan Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Richard D. Bartlett and Sarah Bartlett Writ No. 2001-3083 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2002 at 7:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Richard D. Bartlett, by making known unto Richard Bartlett, personally, at 12 Rockaway Drive, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2002 at 7:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sara Bartlett, by making known unto Richard Bartlett, husband of defendant, at 12 Rockaway Drive, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Vaierie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2002 at 3:15 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard D. Bartlett and Sarah Bartlett located at 12 Rockaway Drive, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Richard D. Bartlett, by regular mail to his last known address of 12 Rockaway Drive, Camp Hill, PA 17011. This letter was mailed under the date of July 16, 2002 and never retumed to the SherifFs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Sarah Bartlett, by regular mail to her last known address of 12 Rockaway Drive, Camp Hill, PA 17011. This letter was mailed under the date of July 16, 2002 and never retumed to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on November 6, 2002 at 10:00 AM. He sold the same for the sum orS1.00 to Attorney Kristine M. Faust for The Secretary of Veterans Affairs. It being the highest bid and best price received for the same, The Secretary of Veterans Affairs of 1240 East Ninth Street, Cleveland, OH 44199, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1,047.70, it being costs. Sheriffs Costs: Docketing $ 30.00 Poundage 20.54 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Certified Mail 9.59 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 423.50 Patriot News 318.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1047.70 paid by attorney 11/27/02 Sworn and subscribed to before me So Answ : 2002, ^.D.~~. ~ B~._ j~,,.i~.~ ~,.,,~ .{.. '~ Real Estate ~Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIV~ DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-3083 Plaintiff, RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Manhattan Mortgage Corporation, Plaintiffin the above action, sets forth as o fthe date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Richard D. Bartlett and Sarah Bmtlett located at 12 Rockaway Drive, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RICHARD D. BARTLETr AND SARAH BARTLETT OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE srfUATED IN LOWER ALLEN TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 12 ROCKAWAY DRIVE, CAMP HILL, PA 17011. DBV 214, PAGE 439, AND PARCEL #13-25-0022-167. 1. The name and address of the owners or reputed owners: Richard D. Bartlett 12 R°Ckaway Drive Sarah Bartlett Camp Hill, PA 1701 2. Thc name and address of the defendants in the judgment: Richard D. Bartlett 12 Rockaway Drive Sarah Bartlett Camp Hill, PA 1701 3. The name and last known address of every judgment creditor whose judgmont is a record lion on the real property to be sold: Chase Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of eve~ mortgage of record: Chase Manhattan Mortgage Corporation [PLAINT]iF] 5. The name and address of every other person who has any record lion on the property:. Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Inheritance Tax Division Bureau ofhdividual Taxes Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare 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 plalntiffhas 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. Attorney for Pl~finfiff SWORN to and subscribed before me this~'°q ~~day of ~/l_~ ,2002. ;?' ~- Notary Public ~ ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-30~3 Plaintiff, VS. RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Sarah Bartlett 12 Rockaway Drive Camp Hill, PA 17011 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 Commissione~ Heating Room, 2r~ Floor I Courthouse Square Carlisle, PA 17013 on Wednesday, September 4, 2002 at 10:00 A.M., the following described real estate, of which Richard D. Bartlett and Sarah Bartlett are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RICHARD D. BARTLETT AND SARAH BARTLETT OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER ALLEN TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 12 ROCKAWAY DRIVE, CAMP HILL, PA 17011. DBV 214, PAGE 439, AND PARCEL #13-25-0022-167. The said Writ of Execution has been issued on ajud~mant in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, VS. Richard D. Bartlett and Sarah Bartlett, Defendants, at Execution Number 01-3083 in the amount of $122,395.36. Claims against the pwperty must be filed with the Sheriff before 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 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 DisUibution is filed in the Office of the Sheriff. This paper is a notice ofthe date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 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 pan is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petitiou 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 havc within twenty (20) days after service of thc 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. ffthe 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 thc 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 Salc if you can show a defect in the Writ of Execution of service or domonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERnTF'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 FRED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. Kn~:ine M.tFa/lst~squiro Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-3083 Plaintiff, VS. RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. LONG FORM DESCRIPTION ALL that certain tract or parcel of land with improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINN]NG at a point on the easterly line of Rockaway Drive which point is 501.04 feet North of the northesstcfly corner of Rockaway Drive and Palmer Drive at a dividing line between Lots No. 19 and 20, Block H on the hereinafter mentioned Plan of Lots; thence along the easterly line of Rockaway Drive North 42 degrees 20 minutes West 80 feet to a point at the dividing line between Lots No. 20 and 21, Block H in said Plan; thence along said dividing line North 47 degrees 40 minutes East 125 feet to a point on the westerly linc of Lot No. 5, Block H on said Plan; thence along thc westerly line of Lots No. 5 and 6, Block H on said Plan South 42 degrees 20 minutes East 80 feet to a point at dividing line between Lots No. 19 and 20, Block H aforesaid; thence along same South 47 degrees 40 minutes West 125 feet to a point, the place of beginning. HAVING thereon erected a single brick and flame ranch-type dwelling, said prenfises being known and numbemt as 12 Rockaway Drive. AND BEING Lot No. 20, Block H in the Plan of Country and Town Homes, Inc., which Plan is recorded in the Cumberland County Recorder's Office in Deed Book 7, Page 41. UNDER and SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and fights of way of record. BEING the same premises which James W. Gutshall and Betina S. Gutshall, f/k/a Betina S. Sweger, by De~l dated December 29, 1999 and recorded in the Office of the Recorder of Decds of Cumberland County on January 4, 2000, at Deed Book Volume 214, Page 439, granted and conveyed unto Richard D. Bartlett and Sarah Bartlett. DISTRICT 66 PARCEL NLrMBER 13-25-0022-167 TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, right, title, interest, property, claim and demand whatsoever of the said grantors, as well at law as in equity, of, in and to the same. GRENEN & BIRSIC, P.C. I~i~lte M. lffaust,'~squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-3083 Plaintiff, VS. RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Richard D. Bartlett 12 Rockaway Drive Camp Hill, PA 17011 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~ Floor 1 Courthouse Square Carlisle, PA 17013 on Wednesday, September 4, 2002 at 10:00 A.M., the following described real estate, of which Richard D. Bartlett and Sarah Bartlett are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RICHARD D. BARTLETT AND SARAH BARTLETT OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE srrUATED IN LOWER ALLEN TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 12 ROCKAWAY DRIVE, CAMP HII.L, PA 17011. DBV 214, PAGE 439, AND PARCEL #13-25-0022-167. The said Writ of Execution has been issued on a judgraent in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, VS. Richard D. Bartlett and Sarah Bartlett, Defendants, at Execution Number 01-3083 in the amount of $122,395.36. 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 dis~bution. Schedule of Dislribution will bc filed with thc Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Salc must be filed with the Office of thc Shedffno later than ten (10) days from the date when Schedule of Dis~bution is filed in the Office of the Sheriff. This paper is a notice ofthe date and time of the sale of your property. It has been issued because there is a jud~raent against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 4tb Floor, Cumberland County Courthouse CarHsle, PA 17013 TELEPHONE: (717) 240=6200 You may have legal fights to prevent the Sheriffs Sale and the loss ofyour propertY. In order to exercise those rights, prompt action on your p~rt is neeessa~'. You may have the fight 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 fight to have the judgment opened ifyou promptly file a petition with the Court alleging a valid defense end 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 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 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.e. - l~.~tine Me/F~u.oa?Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-3083 Plaintiff, VS. RICHARD D. BARTLETT end SARAH BARTLETT, Defendents. LONG FORM DESCRIPTION ALL that c~tain tract or parcel of lend with improvements thereon ereeted, situate in Lower Allen Township, Cumberlend County, Pennsylvania, more p~'icularly bounded and described as follows: BBGINNING at a point on thc easterly line of Rockaway Drive which point is 501.04 feet North of the northeasterly comer of Rockaway Drive end Palmer Drive at a dividing line between Lots No. 19 and 20, Block H on the hereinafter mentinncd Pien of Lots; thence along the easterly line of Rockaway Drive North 42 degrees 20 minutes West 80 feet to a point at the dividing line between Lots No. 20 end 21, Block H in said Plan; thence along said dividing line North 47 degrees 40 minutes Bast 125 fe~ to a point on the westerly line of Lot No. 5, Block H on said Plan; thence along the westerly line of Lots No. 5 and 6, Block H on said Plan South 42 degrees 20 minutes Bast 80 feet to a point at dividing line between Lots No. 19 and 20, Block H aforesaid; thence along same South 47 degr~s 40 minutes West 125 feet to a point, the place of beginning. HAVING thereon erected a single brick and frame ranch-type dwelling, said premises being known end numbered as 12 Rockaway Drive. AND BEING Lot No. 20, Block H in the Plan of Conntry end Town Homes, Inc., which Plen is recorded in the Cumberlend County Rccorder's Office in Deed Book 7, Page 41. UNDER and SUBJECT, nevertheless, to casements, restrictions, reservations, conditions end rights of way of record. BEING the same premises which James W. Gutshall and Betina S. Gutshall, f/k/a Betina S. Sweger, by Deed dated December 29, 1999 and recorded in the Office of the Recorder of Decds of Cumberland County on January 4, 2000, at Deed Book Volume 214, Page 439, granted and conveyed unto Richard D. Bartlett and Sarah Bartlett. DISTRICT 66 PARCEL NUMBER 13-25-0022-167 TOGETHER with ail and singular the buildings, improvements, ways, streets, aileys, driveways, passages, waters, water-courses, rights, liberties, privileges, hcreditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, right, title, interest, property, claim and demand whatsoever of the said grantors, as well at law as in equity, of,/n and to the same. GRENEN 8: BIRSIC, P.C. Attomq~ for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-3003 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy thc debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff(s) From RICHARD D. BARTLETT AND SARAH BARTLETT, 12 ROCKAWAY DRIVE, CAMP HILL, PA 17011 (I) You are directed to levy upon the property of the defendant (s)and m sell SEE LEGAL DESCRIPTION. (2) You are also directed to anach the property of fha defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an atlachment has been issued; (b) ~he 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 tbe defendant(s) not levied upon an subject to atlachment is fonod in the possession of anyone other than a named garnishee, you are direci~d to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmonotDue $100,757.23 L.L. $.50 Interes! FROM ~f15/01 TO SALE- $13,638.13 AIty's Corem % Due Prothy $1.00 Ally Paid $113.44 Other Costs Plaintiff Paid Date: MAY 29, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name KRISTINE M. FAUST, ESQUIRE Address: 1 GATEWAY CENTER, 9 WEST PITTSBURGH, PA 15222 At~mey for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Real Estate Sale # 37 On June 6, 2002 the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 12 Rockaway Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 6, 2002 By: Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May ! 6, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND: Roger M. Morgenthal, Esquire, Editor oft_he Cumberland Law Journal, of the County and State aforesaid, being duly swam, according to law, deposes and says that the Cumberland Law Ioumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established lanuary 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of generai circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. R.L'dd, ~,8TAT~ SA.L~ NO. 07 w,~t ,o. 2oo,-aoas ¢,,~1 Re{ger M M. orgenthal, Edito r~ / /~///r~/~/~'-""~r Chaa~ M~nhatt~m Mort~e CorporaUon Pacha~d D. narmit and SWORN TO AND SUBSCRIBED before me this Sarah Bartlett Att~.: r,m~ne M. Faust 9 day of AUGUST. 2002 LONG FORM DIgSCRIPTION ALL that certalrl tract or parc, el . 8hlp. Cttrrlberlluad Cottrl .W. vmMa. more pm'ticular]y botmded and described as follows: BEGINNING at a point on the easterly line of RoclrmwaF Drive xvhlch pohat Is 501.04 feet North of the northe~terly corner of Roclm- way Drive and Palmer Drive at a dividing line between Lots No. 19' and 20, Block H on the hereinafter melatlormd ~ of Lots: thence aloug the easterly line et' Roekaw~.v Drive North 42 de~s 20 rrl~nutes West 80 f~mt to it point ~t the dlvldir~ line THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, AR~roved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he Is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ and The ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that The Patrict-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the pdnted notice or publication which Is securely attached hereto is exactly as pdnted and published In their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company Is interested in the subject matter of said pdnted notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimoosly passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "Id", Volume 14, Page 317. PU S A L E #87 Notsfial Teny L. Russetl. NO~y Pul~lic MyComn~.,s~ Ex~resaune6,2006 / '~ NOT~'~¥ PUBLIC Uen~er'Pe~sy~va~a~'~:~nOf~l~ly commission nx~irss June 6, 2006 CUMBERLAJ~D COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUR'rHOUSE CARLISLE, PA. 17013 Ststement of Advertising Costs To THE PATRIOT-NEONS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 31 6.80 Probating same Notary Fee(s) $ 1.75 Total $ 318.5 5 Publisher's Receipt for Advertlelng Coat The Patriot News Co., publisher of ~and P 't- , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE ) CORPORATION, ) NO.: 01-3083 ) Plaintiff, ) ISSUE NUMBER: ) TYPE OF PLEADING: RICHARD D. BARTLETT ) Pa. R.C.P. RULE 3129.2(c)(2) and SARAH BARTLETT, ) LIENHOLDER AFFIDAVIT OF ) SERVICE Defendants. ) ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Manhattan Mortgage Corporation ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M. Faust, Esquire ) Pa. I.D. # 77991 ) ) GRENEN & BIRSIC, P.C. ) One Gateway Center, Nine West ) Pittsburgh, PA 15222 ) (412) 281-7650 ) ) ) ) ) ) Sale Date: 9/4/02 ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHA1TAN MORTGAGE CORPORATION, NO.: 01-3083 Plaintiff, RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. Pa. R.C.P. RULE 3129.2¢c~(2) LIENHOLDER AFFIDAVIT OF SERVIf~. I, Kristine M. Faust, Attorney for Plaintiff, Chase Manhattan Mortgage Corporation, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: I. By letters dated May 30, 2002, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and 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 true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. Kris'tiKe M. Floust, E~-quire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 Nolarial Seal Rebecca G. Blazina. Nma~ Public City of Piu:.burgh. Alleshcny County My Commission Expires Jane 2. 2003 MernOe~'. ,~nnsylva n~a Associaf~on ~ NOtaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 01-3083 Plaintiff, VS. RICHARD D. BARTLETT and SARAH BARTLETT, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Manhatum Mox~gage 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 enneeming the real property of Richard D. Bartlett and Sarah Bartlett located at 12 Rockaway Drive, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RICHARD D. BARTLETT AND SARAH BARTLETT OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER ALLEN TWP., CIJIv~ COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 12 ROCKAWAY DRIVE, CAMP HILL, PA 17011. DBV 214, PAGE 439, AND PARCEL #13-25-0022-167. !. The name and address of the owners or reputed owners: Richard D. Bartlett 12 Rockaway Drive Sarah Bartlett Camp Hill, PA 17011 2. The name and address of the defendants in the judgment: Richard D. Bartlett 12 Rockaway Drive Sarah Bartlett Camp Hill, PA 17011 3. The name and last known address of everyjudgnent creditor whose judgment is a record lien on the real property to be sold: Chase Manhattan Mortgage Corporation [PLAINTS] 4. The name and address of the last record holder ofevery mortgage of record: Chase Manhattan Mortgage Corporation [PLAINTII~F] 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 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare 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 plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. Kn%~ine M. F~squire Attorney for Plaintiff SWORN to and subscribed before NotarY Public ~ ' O N4xarb] S~I · R~beoca G. Blnzina, Nc)my Pab#o City of Pitbbu~h. Allqheay County My Commission Expires June 2. 2003