HomeMy WebLinkAbout01-50081N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST, )
f/Ida MELLON MORTGAGE COMPANY, )
Plaintiff,
VS.
DAVID M. COOK and DONNA E. COOK,
Defendants.
YO~J ARE HEREBY IFIEO TO Pf..EAD T~
WffH h',/TWENI~' (~0) DAY~ llROM S E ~vic E
HEREOF OR A DF. FAULT JUDGE~Ei~
Y ENTERED k O
~,~h~ V l 01 m'l PO'
) No.: OI -- 3~0o~>
)
)
) ISSUE NO.:
)
)
) TYPE OF PLEADING:
)
) CIVIL ACTION - COMPLAINT
) IN MORTGAGE FORECLOSURE
)
)
) CODE-
)
)
) FILED ON BEHALF OF PLAINTIFF:
/'zd/~m htr,r, f~H ~/Z~.Iq-
)
)
)
)
Chase Mortgage Company - West,
f/k/a Mellon Mortgage Company
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
GRENEN&BIRSIC, P.C.
Firm#023
One Gateway Center, NineWest
Pi~sburgh, PA 15222
(412)281-7650
STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLANDf ss.
Robert P Ziegler
............................................................... A. eCOI'UeF Ol
~ in and for said County and State do'hereby certify that the Sheriff's Deed in which ................
Secretary of Vererans A'ffairs
............................................................................ , ....... ;~ thc grantee
6th
thc same having been sold to said gruntcc on the ............................................... day of
March 02
........................................ A. D., ~ ..... , under and by virtue of a writ ..............
gxecut ion 30th
................................................ issued on the .....................................
Oct 01
day of .......................... A.D., ..... ~ out of the Court of Comman Plea~ of ~aid County'a~ of
Civil O1
' . Chase Mtg Co-West fka Mellon Mtg Co
Nmnb~r ..... _5_0_0_8_ .... , at the suit oz ...............................................................
Donna E Cook
................................... against .................................................... is
251 1372
duly z~corded in SheriWs Deed Book No ............. , Page .............
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this --~-C~ ~
Chase Mortgage Company-West, fflda
Mellon Mortgage Company
VS
Donna E. Cook
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-5008 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Donna E.
Cook, at 126 Airport Road, Shippensburg, Cumberland County, Pennsylvania, but was
unable to locate her in his bailiwick. A further search by Cpl. Michael Banick at the
Shippensburg Post Office revealed the defendant did not leave a new address. Neighbors
of 126 Airport Road, Shippensburg, Cumberland County, Pennsylvania, stated to Cpl.
Barrick that defendant moved to an unknown location.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on January 03, 2002 at 1:13 o'clock P.M., E.S.T., he posted a tree copy of the within
Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Donna E. Cook located at 126 Airport Road, Shippensburg, Pennsylvania,
according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County,
Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the
sum of $30,000.00 to Attorney Kristine 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 $1,733.26, it being costs.
Sheriff's Costs:
Docketing $30.00
Poundage 600.00
Advertising 15.00
Posting Handbills 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 12.35
Certified Mail 4.41
Levy 15.00
Surcharge 20.00
Legal Search 200.00
Law Journal 395.60
Patriot News 308.70
Share of Bills
Distribution of Proceeds
Sheriff's Deed
24.20
25.00
26.50
$1,733.26
Sworn and subscribed to before me
This 1~'~ day of/~a~o~
2002, A.D. ~,~,, /') ~t~'~,%t.~
litro~o~St-ar~ -
So Answers:
R. Thomas Kline, Sheriff
Real Estate Deputy
SCHEDULE OF DISTRIBUTION
SALE NO. 17
Date Filed: April 5, 2002
Writ No. 2001-5008 Civil Term
Chase Mortgage Company-West f/k/a
Mellon Mortgage Company
VS
Donna E. Cook
126 Airport Road
Shippensburg, PA 17257
Sale Date:
Buyer:
Bid Price:
March 6, 2002
The Secretary of Veterans Affairs
$30,000.00
Real Debt:
Interest:
Writ Costs:
Total:
$98,575.19
4,286.74
134.00
$102,995.93
DISTRIBUTION
Amount collected:
Sheriff's costs:
Legal search
$1,733.26
1,533.26
200.00
So Answers:
R. Thomas Kline
Sheriff
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 17
Held Wednesday, March 6, 2002
Date: March 6, 2002
TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year
2002.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated ,2002, and recorded
,2002, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which Kevin T. Boland and Carol L. Boland, husband
and wife, by deed dated August 24, 1996 and recorded October 30, 1996 in the Office of the
Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 148,
Page 203 granted and conveyed to David M. Cook and Donna E. Cook, his wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of L. R. 21088 known as Airport Road.
6. Conditions, easements and restrictions shown on or set forth on Subdivision Plan
for Jesse F. Jones Estate recorded in Cumberland County Plan Book 61, Page 59.
7. Mortgage in the amount of $94,733.00 given by David M. Cook and Doona E.
Cook to Mellon Mortgage Company dated February 2, 1999 recorded February 12, 1999 in
Mortgage Book 1519, Page 655.
Complaint filed by Chase Mortgage Company Reth West Formerly known as Mellon
Mortgage Company as Plaintiff against David M. Cook and Donna E. Cook on Augusr 27, 2001 in
the office of the Prothonotary of Cumberland County to File No. 2001-5008. Judgment in the
amount of $98,575.19 entered against Donna E. Cook on October 11,2001. Complaint against
David M. Cook was satisfied on September 17, 2001.
8. Satisfactory evidence to be produced that satisfaction in the above mentioned
mortgage foreclosure against one of two Defendants did not cause a satisfaction and exoneration in
favor of the remaining Defendant.
9. Satisfactory evidence to be produced that execution of the above mentioned
mortgage foreclosure action against one Defendant on property owned by husband and wife was
not defective.
10. Possible rights of Orpha Jones consisting of Life estate in the subject premises.
Fail to find recorded release of Life Estate referenced in Deed Book "X," Volume 34, Page 507.
11. Rights granted to Pennsylvania Electric Company by instrument recorded March 28,
1962 in Miscellaneous Record Book 157, Page 750.
12. Rights granted to the Commonwealth of Pennsylvania Department of Highways by
instrument recorded March 23, 1962 in Miscellaneous Record Book 161, Page 655.
13. Rights granted to Pennsylvania Electric Company by instrument recorded February
13, 1967 in Miscellaneous Record Book 176, Page 1050.
14. Rights granted to Pennsylvania Electric Company by instrument recorded March 7,
1952 in Miscellaneous Record Book 99, Page 322.
15. Rights granted to United Telephone Company of Pennsylvania by instrument
recorded July 15, 1953 in Miscellaneous Record Book 103, Page 387.
16. Rights granted to Pennsylvania Electric Company by instrument recorded October
21, 1949 in Miscellaneous Record Book 91, Page 223.
17. Satisfactory evidence to be produced that proper notice was given to holders of liens
and encumbrances or ownership interests intended to be divested by subject Sheriff Sale.
18. Real estate taxes accruing on and after July 1,2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
REAL ESTATE SAT.~. i~IO. 17
Writ No. 2001-5008 Civil
Chase Mortgage Company-West
f/k/a Mellon Mortgage Comps_ny
Donna E. Cook
Atty.: Kristlne Faust
LONG FORM DESCRIPTION
ALL that certain tract of land. be-
ing improved with a brick-cased
ranch-style house, situate in South-
ampton Township. Cumberland
County, Pennsylvania. more parilcu-
larly bounded and described as fol-
lows:
BEGINNING at a point, a set rail-
road spike in the centerline of Ah--
por~ Road {L.R. 21088) at common
comer of this tract and Lot No. 2
on Subdivision Plan of Jesse F.
Jones Estate; thence along Lot No.
2 North 10 degrees 30 minutes 00
seconds East 304.38 feet to a set
h-on pin; thence along lands now or
formerly of Kenneth E. Mowen South
83 degrees 14 minutes 49 seconds
East 65.00 feet to a set iron pin;
thence along lands now or formerly
of John W. Jones South 09 de~ees
33 minutes 51 seconds East 324.60
feet to a set railroad spike in the
centerllne of Airport Road; thence
over the centerline of Airport Road
North 84 degrees 59 minutes 23
seconds West 99.16 feet to a point;
thence continuing over the center-
l/ne of Airport Road by a curve to
the right having a radius of 229.74
feet. a chord bearing of North 75
degrees 15 minutes 00 seconds
West, an arc distance of 78.11 feet
to a set railroad spike, the point and
place of beginning.
BEING all of Lot No. 3 on Subdi-
vision Plan for Jesse F. Jones Es-
tate. dated December 5, 1989, and
recorded in Cumberland County
Plan Book 61, Page 59.
BEING the same premises which
Kevin T. Boland and Carol L. Boland.
by Deed dated August 24, 1996 and
recorded in the Office of the Record-
er of Deeds of Cumberland County
on October 30, 1996. at Deed Book
Volume 148, Page 203. granted and
conveyed unto David M. Cook and
Donna E. Cook, his wife. Upon the
death of David M. Cook, title vest
solely in the name of Donna E. Cook,
by operation of law.
TOGETHER w/th all and singu-
lar the improvements, ways.
streets, alleys, driveways, passages,
waters, watercourses, right, liber-
ties, privileges, hereditarnents and
appurtenances, ~vhatsoever unto the
hereby granted premises belonging.
or in any wise appertaining, and the
reversions and remainders, rent~
issues and profits thereof; and
the estate, right, title, interest, pro
erty, claim and demand whatsoevt
of Grantor(s), as well at law as
equity, of. in and to the same.
Parcel No. 39-13-0102-060.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
maintiff,
NO.: 01-5008-CIVIL
VS.
DONNA E. COOK,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Chase Mortgage Company - West, f/k/a Mellon Mortgage Company, Plaintiff in the above
action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following
information was of record concerning the real property of Donna E. Cook located at 126 Airport
Road, Shippensburg, PA 17257 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DONNA E. COOK OF, IN AND TO THE
FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SOUTHAMPTON TWP.,
CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING
KNOWN AND NUMBERED AS 126 AIRPORT ROAD, SHIPPENSBURG, PA 17257. DBV 148, PAGE
203, AND PARCEL #39-13-0102-060.
1. The name and address of the owner or reputed owner:
Donna E. Cook
2. The name and address of the defendant in the judgment:
Donna E. Cook
126 Airport Road
Shippensburg, PA 17257
126 Airport 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 Mortgage Company - West,
f/k/a Mellon Mortgage Company
[PLAINTIFF]
4. The name and address of the last record holder of every mortgage of record:
Chase Mortgage Company - West,
fJk/a Mellon Mortgage Company
[PLAINTIFF]
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue
Bureau of Individual Taxes
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 17128-060t
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 bythe sale: NONE
I verify that the smtemems made in the Affidavit are true and correct to the best of my
personal knowledge, informatiOn and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this '23t~ dayof
Notary Public '
,2001.
Notarial Seal
Rebecca G. Blazina, Notary Public
Pittsburgh, Allegheny County
My Commission Expires June 2, 2003
Member, Pennsylvania Association o! Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
VS.
Plaintiff,
DONNA E. COOK,
Defendant.
TO:
NO.: 01-5008-CIVIL
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
Donna E. Cook
126 Airport 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
Commissioners Hearing Room, 2'd Floor
1 Courthouse Square
Carlisle, PA 17013
on Wednesday, March 6, 2002, at 10:00 A.M., the following described real estate, of which Donna
E. Cook is the owner or reputed owner:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DONNA E. COOK OF, IN AND
TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SOUTHAMPTON
TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A
DWELLING BEING KNOWN AND NUMBERED AS 126 AIRPORT ROAD, SHIPPENSBURG,
PA 17257. DBV 148, PAGE 203, AND PARCEL #39-13-0102-060.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
Chase Mortgage Company - West,
f/k/a Mellon Mortgage Company,
Plaintiff,
VS.
Donna E. Cook,
Defendant,
at Execution Number 01-5008-CIVIL in the amount of $102,861.93.
Claims against the property must be filed with the Sheriff before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
This paper is a notice of the date and time of the sale of your property. It has been issued
because there is a judgment aga'mst you. It may cause your property to be held or taken to pay the
judgment. You may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you must act
promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717)240-6200
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary.
You may have the fight to prevent or delay the Shefiffs Sale by filing, before the sale occurs,
a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection,
you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the fight to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time.
If the judgment is opened the Shefiffs Sale would ordinarily be delayed pending a trial of the issue
of whether the plaint'iff has a valid claim to foreclose the mortgage or judgment.
You may also have the fight to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty (20) days after service or in certain other events. To exercise this right you would have t°
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.
By:
Kristine"~I¢l. Faust, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.: 01-5008-CIVIL
Plaintiff,
VS.
DONNA E. COOK,
Defendant.
LONG FORM DESCRIPTION
ALL that certain~tract of land, being.improved with a brick-cased ranch-style house, situate
in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and
described as follows:
BEGINNING at a point, a set railroad spike in the centerline of Airport Road (L.R. 21088)
at common comer of this tract and Lot No. 2 on Subdivision Plan of Jesse F. Jones Estate; thence
along Lot No. 2 North 10 degrees 30 minutes 00 seconds East 304.38 feet to a set iron pin; thence
along lands now or formerly of Kenneth E. Mowen South 83 degrees 14 minutes 49 seconds East
65.00 feet to a set iron pin; thence along lands now or formerly of John W. Jones South 09 degrees
33 minutes 51 seconds East 324.60 feet to a set railroad spike in the centerline of Airport Road;
thence over the centerline of Airport Road North 84 degrees 59 minutes 23 seconds West 99.16 feet
to a point; thence continuing over the centerline of Airport Road by a curve to the fight having a
radius of 229.74 feet, a chord bearing of North 75 degrees 15 minutes 00 seconds West, an arc
distance of78.11 feet to a set railroad spike, the point and place of beginning.
BEING ail of Lot No. 3 on Subdivision Plan for Jesse F. Jones Estate, dated December 5,
1989, and recorded in Cumberland County Plan Book 61, Page 59.
BEING the same premises which Kevin T. Boland and Carol L. Boland, by Deed dated
August 24, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County on
October 30, 1996, at Deed Book Volume 148, Page 203, granted and conveyed unto David M. Cook
and Donna E. Cook, his wife. Upon the death of David M. Cook, title vest solely in the name of
Donna E. Cook, by operation of law.
TOGETHER with all and singular the improvements, ways, streets, alleys, driveways,
passages, waters, watercourses, right, liberties, privileges, hereditaments and appurtenances,
whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the
reversions and remainders, rems, issues and profits thereof; and all the estate, right, title, interest,
property, claim and demand whatsoever of Grantor(s), as well at law as in equity, of, in and to the
same.
GRENEN & BIRSIC, P.C.
By:~ c~~.c
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Parcel No. 39-13-0102,060
WRIT OF EXECUTI~3N and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF Cumberland
To satisfy the debt. interest and costs due
Company
NO: 01-5008 CIVIL l~X CIVIL ACTION - LAW
COUNTY:
Chase Mortgage Company - West, f/k/a Mellon Mortgage
PLAINTIFF(S)
from Donna E. Cook
DEFENDANT(S)
(1) You are directed to levy upon lhe property of lhe defendant(s) and to sell Please see attached 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 gamishee(s) is/are 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 $98,575.19
Intere~ $4,286.74 (from 10/8/01 to Sale)
Atty's Comm
Atty Paid
S134.00
L.L. $.50
Due Pmthy $1.00
Other Costs
Curtis R. Long
Plaintiff Paid
Date: October 30, 2001
REQUESTING PARTY:
Name Kristine M. Faust, Esq.
Address:
1 Gateway Center, 9 West
Pittsburgh, PA 15222
Attorney for: Plaintiff
Telephone: (412) 281-7650
Supreme Court ID No. 77991
by:
Prothonotary, Civil Division
Deputy
R~AL ESTATE SALE No. ~]
On November 01, 2001, the sheriff levied upon the
defendant's interest in the real property situated in
Southampton Township, Cumberland County, PA,
known and numbered as 126 Airport Road,
Shippensburg, and more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: November 01, 2001
Real/Estate Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. 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
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Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
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12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed
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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 ~ook "M",
Volume 14, Page 317.
PUBLICATION
COPY Swnrn tn and-~,,h~~r~"~i F..elS-~Jary 2002 A.D.
S A L E #17
· ] My~Ex~re~,kme6,200~ 1 NO~A~RY PUBLIC
Memter, Pennsylvania ,~ssoctatlon o~ NotM~commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 307.20
$ 1.50
$ 308.70
Publisher's Receipt for Advertising Cost
of The Patriot-News and The Sunday Patriot-News, newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was primed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JANUARY 25, FEBRUARY 1, 8, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ~STAT~ 8AI,E NO. 17
Writ No. 2001-5008 Civil
Chase Mortgage Company-West
f/k/a Mellon Mortgage Company
VS.
Donna E. Cook
Atty.: Krtstine Faust
LONG FORM DESCRIPTION
ALL that certain tract of land, be-
ing improved with a brick-cased
ranch-style house, situate in South-
ampton Township, Cumberland
County, Pennsylvania, more particu-
larly bounded and described as fol-
lows:
BEGINNING at a point, a set rail-
road spike in the centerline of Air-
SWORN TO AND SUBSCRIBED before me this
8 day of FEBRUARY, 2002
LOffi E. ~ffOER, Nct, a~ Publi~ I
Carlls~ aom, Cum~am coup__ I
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
NO.:
VS.
DAVID M. COOK and DONNA E. COOK,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff: You may lose money or property or other rights important to you. YOU SHOULD
TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Erie County Bar Association
302 West 9th Street
Erie, PA 16502
(814) 459-4411
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff,
VS.
DAVID M. COOK and DONNA E. COOK,
Defendants.
CIVIL ACTION - COMPLAINT 1N 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 are David M. Cook and Donna E. Cook, individuals whose last
known address is 126 Airport Road, Shippensburg, Pennsylvania 17257.
3. On or about February 2, 1999, Defendants execmed a Note in favor of Plaintiff, in
the original principal amount of $94,733.33. A true and correct copy of said Note is marked Exhibit
"A", attached hereto and made a part hereof.
4. On or about February 2, 1999, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $94,733.33 on the promises hereinafter described, said Mortgage being recorded in the Office of
the Recorder of Deeds of Cumberland County on February 12, 1999, in Mortgage Book Volume
1519, Page 655. 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, 2001 payment.
7. On or about May 5, 2001, 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.
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal
Interest through 8/19/01
Late Charges through 8/19/01
Escrow Due through 8/19/01
Attorneys' fees
Title Search, Foreclosure
and Execution Costs
TOTAL
$92,544.30
$ 3,304.34
$ 145.50
$ 540.58
$ 85O.OO
$ 150.00
$97,534.72
WHEREFORE, Plaintiffdemandsj udgment in mortgage foreclosure for the amount due
of $97,534.72, with interest thereon at the rate of $16.48 per diem from August 19, 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.
BY:
GRENEN & BIRSIC, P.C.
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 9910T;~'~'~
531209
(City)
T~ Z~" ~r a l~n that I ha~ ~ed, I ~,~u~se to p~y U~. $ 94,733.00 (t~k mnount is called 'prh~pal~
R. PA.YME1V~
I w~l ~ l~h~iml ara in.st by ma~ p~mm~s every m~th.
Iwill~mkem~mont~yp~ymentsc~the 01ST ~~~ ~ 01 , 1999 .~
may~sN~.My~y~~~~ ~ 01
~)
~)NoW~ No~
ilULTISTATE FIXED RATE NOTE- Single Fsmfl¥ -FNMA/FHLMC UNIFORM INSTRUMENT Form 8~012/~
(wRh VA modInoBRO~l)
~-~ ~ e~ .~ :c c
?. GI~NG O~ NOTICES
Un]ess apldic~le law ~ a different method, ~y notice ~ must be ~ven to me uqder tMs Note w~l Be siw~ by
deltve~ng it or BY m~]~ i~ BY first class mail to me at ~e ~opm-t~ Addrem a~vo or ft~ a d~erent a~ ~i ~ ~ N~ ~~
ArC, no~ that mus~ be g~yen to the Note Hold~' ~td~r tMs No~ will be ~ by'~"~-g f~ by firs~,-'~,,,,- n~l to t.~ Not~
WITT~SS TttE HAND(S) AND SEAL(S) OF THE ~D~SI~).
~e~)
WITHOUT RECOURSE PAY 10 ~E ORDER~
MELLON MORTGAGE COMpANy
Exhibit "B"
EOUSTON, TEX~S 77210
P,O B E,','[' ?. ZIEGLER
P, EOOADF..?, OF DEEDS
'99FEI]l~ P~ i 5~
MORTGAGE
T~ISMOR~E(~oecmt~Inst~unen~is~ivenm ~BRU'AI~ 02 , 1999
SHIPP~NSBURG , Penasy~ 17257
premiums, if sro';, (e) yeazly ~n,:~p~ insura=~ preani, rm~, if any;, ~4 ~ an3, s~ms ptr~ble b~ I~A'~wer to L~cbr, in
secured By this Secu~ ][nst.w~% whether or not then c~ Tho 30~lay pe~od will hewn when f~e ~ ~ ~m
or ~nPolr the l~rope0~y, allow the l~oper~y to deteCtiVe, or commit waste o~l the l~lx~y. ~rfowar .ha~ ~ ~ ~.~,,1~ ff ~
forfeiture ac~ou ~ Impeding, whether ~3~ o~ er~nal, is begun that in Len~l~'s ~ f~tt~ ~d~2ent ~ould ~eult in forfeit3n~
~n this ~t~ ~Lment, or tlMM is a le~'al proc~e~dn~ th~ n~y s~c~ntly ~ ~s ~ ~ ~ ~ (~ ~ &
markot ~ne of the Pr~l~fl~ ~dh~e~y before the taki~ ~s equal to or sreater t~n the amcu~ c~ ~ ~s ~ ~ ~
be allied to ~s sums secured by tl~ Securi~ ~d~ent whether or ~ the sums are then du~
be eevereble.
BEING THE SAME PREMISES WHICH Kevin T. Beland and Carol L. Bolan, husband and wife, by deed dated
August24, 19~6 in the Office of the Recorder of Deeds iu and for Cumberland Co~mty. Pennsylvania in ~ Book 148,
page 203, granted and conveyed unto David M, Cook and Donna E. Cook, husband and wife, the Mortgagors herein.
PA-3
VA~ POUCY RIDER
531209
'~ A'-~K,TA~Ev~ON ~)LTC]' ~/DE~ is mm~ th~ 02ND ~ F~BRU~ , 1999
C~unt' o[Cumbcrl~nd~ 86
Thc undersigned, and duly autl~ofized representative of Plaintiff, dcl0oses and says
subject to the penalties of 15 Pa. C.S.A, §4904 relating to unswom falsification to authorities
that thc facts set forth in the foregoing Complaint iD Bjcctmc~t arc true and corrcc~ to his
information and belief.
SHERIFF'S RETURN
CASE NO: 2001-05008 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE MORTGAGE COMPANY-WEST
VS
COOK DAVID M ET AL
- NOT SERVED
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
COOK DAVID M
unable to locate Him in his bailiwick.
COMPLAINT - MORT FORE
but was
He therefore returns the
the within named DEFENDANT , COOK DAVID M
NOT SERVED , as to
DAVID COOK IS DECEASED.
DIED 2/16/01.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
00
00
10 00
00
28
SHERIFF OF CUMBERLAND COUNTY
00 GRENEN & BIRSIC
09/04/2001
Sworn and subscribed to before me
this /~ day of~,~,~
~o! A.D.
Pro~h'onotary ' ' '
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-05008 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAI~D
CHASE MORTGAGE COMPANY-WEST
VS
COOK DAVID M ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
COOK DONNA E the
DEFENDANT ,
at 1330:00 HOURS, on the 31st day of August , 2001
at 126 AIRPORT ROAD
SHIPPENSBURG, PA 17257
SON
DANIEL MULLEN
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
13 00
00
10 00
00
29 00
Sworn and Subscribed to before
me this /~' day of
~ ~Lool A.D.
' ~rothonot ary
So Answers:
R. Thomas Kline
09/04/2001
GRENEN & BI~,,
By: ~
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-
WEST, f/k/a MELLON MORTGAGE
COMPANY,
NO.: 01-5008-CIVIL
Plaimiff,
VS.
DAVID M. COOK and
DONNA E. COOK,
TYPE OF PLEADING:
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT PREJUDICE
(as to David M. Cook, only)
Defendants.
FILED ON BEHALF OF PLAINTIFF:
Chase Mortgage Company, f/k/a
Mellon Mortgage Company
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa.I.D.#77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHASE MORTGAGE COMPANY-
WEST, f/PYa MELLON MORTGAGE
COMPANY,
VS.
Plaintiff,
DAVID M. COOK and
DONNA E. COOK,
Defendants.
CIVIL DIVISION
NO.: 01-5008-CIVIL
TO: PROTHONOTARY
SIR:
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
Kindly settle and discontinue without prejudice the above-captioned matter, as to David M.
Cook, only, and mark the docket accordingly.
GRENEN & BIRSIC, P.C.
BY:c. ~4j~.Tz~c~' ~/~c~ ~
Attorney for Plaintiff
Sworn to and subscribed before me
this IZ4 day ofc ff C b d/ ,2001.
Notarial Seal
Rebecca G. Blazina, Notai'y Public
Pittsburgh, Allegheny. Gou~nty~,.,
My Commlsslo~ Explre~ aune z, ~
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
NO.:01-500g-CIVIL
Plaintiff,
VS.
DONNA E. COOK,
Defendant.
TYPE OF PLEADING:
MOTION FOR SERVICE OF
NOTICE OF SALE OF REAL
PROPERTY PURSUANT
TO SPECIAL ORDER OF COURT
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
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-
WEST, f/kJa MELLON MORTGAGE
COMPANY,
VS.
Plaintiff,
DONNA E. COOK,
Defendant.
)
)
) NO.: O1-5008-CIVIL
)
)
)
)
)
)
)
)
MOTION FOR SERVICE OF NOTICE OF SALE OF REAL PROPERTY
PURSUANT TO SPECIAL ORDER OF COURT
AND NOW, comes the Plaintiff, Chase Mortgage Company-West, f/k/a Mellon Mortgage
Company, by and through its attorneys, Crrenen & Birsic, P.C., and files the within Motion for
Special Service of Notice of Sale of Real Property Pursuant to Special Order of Court, under
Pennsylvania Rule of Civil Procedure 430 as follows:
1. On October 11,2001, Plaintiff entered a Default Judgment against Defendant in this
action in the amount of $98,575.19, and for foreclosure and sale of the mortgaged premises.
2. On October 30, 2001, Plaintiff filed with the Prothonotary of Cumberland County,
a Praecipe for Writ of Execution on the judgment in this action.
3. In accordance with Pa. Rule of Civil Procedure 3129, on October 23, 2001 Plaintiff
mailed the Defendant a true and correct copy of Plaintiff's Notice of Sheriff Sale by certified mail,
return receipt requested to her last known address, being 126 Airport Road, Shippensburg, PA
17257.
4. On November 9, 2001, the certified mail was returned to Plaintiff marked
"Unclaimed." A true and correct copy of the Sheriff's remm is marked as Exhibit"A", attached
hereto and made a part hereof.
5. On or about December 3,2001, Plaintiff received notice from the Cumberland
County Sheriff indicating that they were unable to serve the Defendant with a copy of the Notice
of Sheriff's Sale. A tree and correct copy of the Sheriff's return is marked as Exhibit"B", attached
hereto and made a part hereof.
6. An Affidavit of the Plaintiff stating the nature and extent of the investigation which
has been made to determine the whereabouts of Defendant, Donna E. Cook, is marked Exhibit "C",
attached hereto and made a part hereof.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Sheriff
of Cumberland County to post a copy of the Notice of Sheriff Sale on the property at 126 Airport
Road, Shippensburg, PA 17257, and permit the Plaintiff to serve Defendant, Donna E. Cook, by
mailing a true and correct copy of the Notice of Sheriff Sale by certified mail, return receipt
requested, and first class mail, postage pre-paid to 126 Airport Road, Shippensburg, PA 17257.
Service on the Defendant shall be deemed complete and valid upon posting and mailing by the
Plaintiff.
BY:
Respectfully submitted,
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
EXHIBIT "A"
EXItlBIT "B"
Chase Mortgage Company-West, ffk/a
Mellon Mortgage Company
VS
Donna E. Cook
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-5008 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Donna E.
Cook, at 126 Airport Road, Shippensburg, Cumberland County, pennsylvania, but was
unable to locate her in his bailiwick. A further search by Cpl. Michael Bardck at the
Shippensburg Post Office revealed the defendant did not leave a new address. Neighbors
of 126 Airport Road, Shippensburg, Cumberland County, Pennsylvania, stated to Cpl.
Barrick that defendant moved to an unknown location.
Sworn and subscribed to before me
This
2001, A.D.
day of
Prothonotary
So Answers;
R. Thomas Kline, Sheriff
R~'I Estate Deputy
EXHIBIT
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL
CHASE MORTGAGE COMPANY-
WEST, f/k/a MELLON MORTGAGE
COMPANY,
Plaintiff,
DONNA E. COOK,
Defendant.
DIVISION
)
)
) NO.: 01-5008-CIVIL
)
)
)
)
)
)
)
)
AFFIDAVIT PURSUANT TO PA. R.C.P. 430
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Kristine M. Faust, Esquire, of GRENEN & BIRSIC, P.C.,
attorneys for Plaintiff, deposes and says that the following accurately reflects efforts made to
ascertain the exact whereabouts of the Defendant, Donna E. Cook, named in the above-captioned
matter:
1. A search of a nationwide computer database confirmed the Defendant's address as
being 126 Airport Road, Shippensburg, PA 17257.
2. On December 12, 2001, Plaintiff mailed to the United States Postmaster at
Shippensburg, PA 17257, certain Request for Change of Address or Boxholder Information Needed
for Service of Legal Process for Defendant, Donna E. Cook.
3. On or about December 17, 2001, Plaintiffreceived a response from the United States
Postmaster at Shippensburg, PA 17257 stating that there is no change of address order on file. A
true and correct copy of said response is marked Exhibit "1 ", attached hereto and made a part hereof.
4. A search of the Voter's Registration records for Cumberland County indicated that
Defendant, Donna E. Cook, is registered to vote at the address of 126 Airport Road, Shippensburg,
PA 17257.
5.
Defendant.
6.
An examination of the Shippensburg telephone directory showed no listing for
Finally, affiant deposes and says that the whereabouts of Defendant, Donna E. Cook,
are believed to be 126 Airport Road, Shippensburg, PA 17257.
Kristine M. l~aust, Esquire
SWORN TO AND SUBSCRIBED BEFORE ME
THIS /~/[ DAY or~,
2002.
NOTARY PUBLIC/
Exhibit "1"
l~ostmaster
Shippensburg, PA 17257
City, State, ZIP Code
Date December 12, 2001
Request for Change of Address or Boxholder
Information Needed for Service of Legal Process
Please furnish the new address or the name and street address (ifa box holder) for the following:
Name: Donna Cook
Address: 126 Airport Road
NOTE: The name and last known address are required for change of address information. The name, if known, and
post office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR
265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requaster (e.g., process server, attorney, party representing hhnsel0:Paralegal
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party
acting pro se - except a corporation acting pro se must cite
statute):
3. The names of all known parties to the litigation: Chase v. Cook
4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County
5. The docket or other identifying number if one has been issued:01-5008-CML
6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF
LEGAL PROCESS 1N CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN
CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID
PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,
OR BOTH (TITLE 18 U.S.C SECTION 1001).
I certify that the above information is tree and that the address information is needed and will be used solely for
service of legal process in connection with actual or prospective litigation.
Elizabeth M. Paiano
Printed Name
Grenen & Birsic, P.C., One Gateway Center, Nine West, Pittsburgh, PA 15222 (412) 281-7650
FOR POST OFFICE USE ONLY
'"~ No change of address order on file.
__ Not known at address given.
__ Moved, left no forwarding address
__ No such address.
POSTMARK
NEW ADDRESS OR BOXHOLDER'
NAME and STREET ADDRESS
IN THE COURT OF COMMON PLEAS OF CUMBLERLAND COUNTY, PENNSYLVANIA
CIVIL
CHASE MORTGAGE COMPANY-
WEST, f/k/a MELLON MORTGAGE
COMPANY,
Plaintiff,
VS.
DONNA E. COOK,
Defendant.
DIVISION
)
)
) NO.: 01-5008-CIVIL
)
)
)
)
)
)
)
)
ORDER OF COURT
AND NOW, to wit, this day of ., 2002,
upon consideration of the within Motion for Special Service of Notice of Sale of Real Property
Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that
Plaintiff is hereby directed to serve Defendant, Donna E. Cook, with a true and correct copy of
Plaintiff's Notice of Sale by causing the Sheriff of Cumberland County to post the real property
being, 126 Airport Road, Shippensburg, PA 17257, and Plaintiff is directed to serve the Defendant
by certified mail, return receipt requested, and by first class mail, postage pre-paid at 126 Airport
Road, Shippensburg, PA 17257. Service on the Defendant shall be deemed complete and valid upon
such posting and mailing by the Plaintiff.
BY THE COURT:
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a tree and correct copy of the within Motion for
Service of Notice of Sale of~ Pursuant to Special Order of Court was mailed to the
following on this ~. da~o~x.~/~ 2002, by first class, U.S. Mail, postagepre-paid:
Donna E. Cook
126 Airport Road
Shippensburg, PA 17257
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/kYa MELLON MORTGAGE COMPANY,
Plaintiff,
VS.
DONNA E. COOK,
Defendant.
Sale Date: 3/6/02
)
)
)
)
)
)
)
)
)
)
)
)
)
)
NO.: 01-5008-CIVIL
ISSUE NUMBER:
TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF
SERVICE
CODE -
FILED ON BEHALF OF PLAINTIFF:
) Chase Mortgage Company-West, f/k/a Mellon
) Mortgage Company
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa. I.D. # 77991
GRENEN & BIRSIC, P.C.
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY, NO.: 01-5008-CIVIL
Plaintiff,
VS.
DONNA E. COOK,
Defendant.
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF SERVICE
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:
1. By letters dated October 23, 2001, undersigned counsel served all persons (other
than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1
with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the
Affidavit Pursuant to Rule 3129.1. Tree 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.
BY:
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me this22~(~day of ¢ hJF[~/ t~J~ ,2002.
Notary Public ¥ /J
Notarial Seal.
Reb_,e~cca G. Blazina, Not 2/Public
- ~'~urgh, Allegheny c' -
' '~ion Expires J ' '
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY,
Plaintiff, NO.: 01-5008'CIVIL
VS.
DONNA E. COOK,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COlVlI~O--NwEAL;~H 0 ~-i~-ENN-s ~i~vANIA
SS:
COUNTY OF ALLEOHENY
Chase Mortgage Company - West, ffk/a Mellon Mortgage Company, Plaintiff in the above
action, sets fo~ as ~f the date the Praecipe for the Writ of Execution was filed the following
information was of record concerning the real property of Donna E. Cook located at 126 Airport
Road, Shippensburg, PA 17257 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DONNA E. COOK OF, IN AND TO THE
FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SOUTHAMPTON TWP.,
CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING
KNOWN AND NUMBERED AS 126 AIRPORT ROAD, SHIPPENSBURG, PA 17257. DBV 14$,PAGE
203, AND PARCEL #39-13-0102-060.
1. The name and address of the owner or reputed owner:
Donna E. Cook
2. The name and address of the defendant in the judgment:
Donna E. Cook
126 Airport Road
Shippensburg, PA 17257
126 Airport Road
Shippansburg, 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 Mortgage Company - West,
f/k/a Mellon Mortgage Company
[PLAINTIFF]
4. The name and address of the last record holder of every mortgage of record:
Cha~e Mortgage Company - West,
f/k/a Mellon Mortgage Company
[PLAINTIFF]
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations
PA Dept. Of Revenue
Bureau of Individual Taxes
P.O, Box 320
Carlisle, PA 17013
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 17128-0601
. 6.The name and address of every otherpersonwho has any record interest in the property and
whose interest may be affected by the sale: NONE
7. The name and address of evew other person whom the plalntiffhas knowledge Who has any
interest in the property which maybe affected by the sale: NONE
I verify that the statements made in the Affidavit are tree and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
SWORN to and subscribed before
me this 2~fc~ dayof
Notary Public ~
,2001.
GRENEN & BIRSIC, P.C.
By~
Kristine M. Faust, Esquire
Attorney for Plaintiff
Notarial Seal
Rebecca (3. Blazina, Notary Publi~
Pittsburgh, Allegheny Cbunty
My Commission Explms June 2, 2003
Member, Pennsylvania Association ot No,aries
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT J or~. eter pl~ e b d
PROVIDE FOR INSURANCE--POSTMASTER ' I ~st me~j. Ir~ ~f
~-.,~'-~ .l~,~e~ltmas~t~. for re t
........ ,..,_.
One pi~e ~nary mail addressed to:
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNAT ONAL MAIL
PROVIDE FOR INSURANCE--POSTMASTER
Received From:
[~renen & Bir,ie. RC
One piece of ordinary mail eddreleed to:
PA b~ d J~l'l/~.Ylile., J~iJr?nlJ ~ InH~u.
~flrrlshtlr~, ~ 1712 -fl 01
PS Form 3817, Mar,
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST, )
f/k/a MELLON MORTGAGE COMPANY, ) NO.: 01-500g-cIVIL
Plaintiff
VS.
DONNA E. COOK,
Defendant.
)
) ISSUE NUMBER:
)
) TYPE OF PLEADING:
) Pa. R.C.P. RULE 3129.2(c)
) AFFIDAVIT OF SERVICE
) DEFENDANTS/OWNERS
)
) CODE-
)
) FILED ON BEHALF OF PLAINTIFF:
)
) Chase Mortgage Company-West, £/k/a Mellon
) Mortgage Company
)
)
)
)
)
)
)
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sale Date: 3/6/02
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-WEST,
f/k/a MELLON MORTGAGE COMPANY, NO.: 01-5008-CIVIL
Plaintiff
VS.
DONNA E. COOK,
Defendant.
Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE
DEFENDANTS/OWNER S
Kristine M. Faust, Esquire, Attorney for Plaintiff, Chase Manhattan Mortgage Corporation,
being duly sworn according to law deposes and makes the following Affidavit regarding service of
Plaintiffs notice of the sale of reai property in this matter on March 6, 2002 as follows:
1. Donna E. Cook is the owner of the mai property and has not entered an appearance of
record.
2. On January 29, 2002 this court entered an order authorizing Plaintiff to serve Defendants
by posting the property and serving the Defendant by certified mail return receipt requested and first
class mail to addresses set forth in the Order, with service to be valid upon posting and mailing. A
true and correct copy of the order is marked as Exhibit "A" attached hereto and made a part hereof.
3. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on February 1,2002 the undersigned
counsel served Defendant, Donna E. Cook, with a true and correct copy of Plaintiffs notice of the
sale of real property by certified mail, return receipt requested, and regular U.S. mail postage
prepaid, addressed to 126 Airport Road, Shippensburg, Pennsylvania 17257. A true and correct copy
of the U.S. Postal Service form 3800, Article Numbers7001 2510 0007 3185 6062, and the
Certificates of Mailing, evidencing service by certified mail and first class mail on the identified
Defendants, are marked Exhibit "B", attached hereto and made a part hereof.
4. On Feburary 4, 2002, SheriW s Office of Cumberland County posted the property.
I verify that the facts contained in this Affidavit are true and correct based upon my personal
knowledge, information, and belief.
BY:
GRENEN & BIRSIC, P.C.
Kristine M. Faun, Esquire
Attorneys for Plaintiff
Nine West, One Gateway Center
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
,2002.
Notary Public
Rebecca G Blazina Not?¥ Public
?tP'?r'rgh, Alleghem' ~'" ....
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBLERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MORTGAGE COMPANY-
WEST, f/k/a MELLON MORTGAGE
COMPANY,
Plaintiff,
VS.
DONNA E. COOK,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
NO.: 01-5008-CIVIL
ORDER OF COURT
ANDNOW, Iowit, this ~9 day°f'~(~[IX)'-FO ,2002,
upon consideration of the within Motion for Special Service of Notice of Sale of Real Property
Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that
Plaintiff is hereby directed to serve Defendant, Donna E. Cook, with a true and correct copy of
Plaintiff's Nofce of Sale by causing the Sheriff of Cumberland County to post the real property
being, 126 Airport Road, Shippensburg, PA 17257, and Plaintiff is directed to serve the Defendant
by certified mail, return receipt requested, and by first class mall~ postage pre-paid at 126 An'port
Road, Shippensburg, PA 17257. Service on the Defendant shall be deemed complete and valid upon
such posting and mailing by the Plaintiff.
TRUE cOpY FROM RECORD
in Test~rnony where,, I here unto Set my ha~l
and ~1~ ~el of ~d):ou~t_~ ~a'
BY THE COURT:
Exhibit "B"
U.S* POSTAL SERVICE
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PS Form 3817,
Postage
t--i (Endorsement RSquired)
,--1
Postmark
Here