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HomeMy WebLinkAbout02-1050FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 TERM Plaintiff y? V. NO. 02 - 1046 CUMBERLAND COUNTY DENNIS M. KELLY ALICE M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 Defendant(s) "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. -- You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:0007459349 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: DENNIS M. KELLY ALICE M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/31/92 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENTRAL MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1081, Page 505. By Assignment of Mortgage Recorded 6/11/93 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 446, Page 333. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1/l/0 1 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $63,580.05 Interest 6,338.68 12/1/00 through 2/l/02 (Per Diem $14.81) Attorney's Fees 1,250.00 Cumulative Late Charges 660.24 7/31/92 to 2/1/02 Cost of Suit and Title Search 550 00 Subtotal $72,378.97 Escrow Credit 0.00 Deficit 212 27 Subtotal $_412.27 TOTAL $73,291.24 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 10. By virtue of the death of ALICE M. KELLY, defendant became the sole owner of the mortgaged premises as surviving tenant by the entireties or surviving joint tenant. 11. Plaintiff hereby releases ALICE M KELLY, his/her heirs and assigns from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,291.24, together with interest from 2/1/02 at the rate of $14.81 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FE?AC2/ PHELAN, LLP By: ?? - FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as (street, township/ municipality/ borough, county), and being further described on that certain Deed dated 7/31/92and recorded 8/5/92in the Office of the Recorder of Deeds in CUMBERLAND County in Deed Book No.1081, Page 505. Parcel No. (09-17-1042-156) BEING known as (402 DAVID DRIVE) VERIFICATION TIMOTHY FITZGIBBOtm hereby states that he is ASSISTANT SECRETARY of CHASE MORTGAGE COMPANY WEST (CO) mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 212;y 2 --? Qga -lj . ?c c? am Z --i n 18 FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff CHASE MORTGAGE COMPANY-WEST, F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff V. DENNIS M. KELLY ALICE M. KELLY Defendants COURT OF COM CIVIL DIVISION NO. 02-1050-CIVIL CUMBERLAND COUNTY SUGGESTION OF DEATH RE: DEFENDANT ALICE M. KELLY AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, ALICE M. KELLY, is deceased, and hereby releases ALICE, date of death: 01/24/94. As the property was owned by the Defendants, as tenants by the entireties, upon ALICE'S death, co-defendant, DENNIS M. KELLY became sole owner of the mortgaged premises. FEDERMAN AND PHELAN 4rancis S. Hallman, 4'e / 4 (? Attorney for Plaintiff Dated: ?'1 7 r?? FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, COURT OF COMMON PLEAS F/K/A CHEMICAL MORTGAGE COMPANY CIVIL DIVISION Plaintiff V. DENNIS M. KELLY ALICE M. KELLY Defendants NO. 02-1050-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: ALICE M. KELLY and Release of Defendant's Liability thereof was sent via first class mail to the following on the date listed below: DENNIS M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 Francis 4S. Hallman, Esquire Attorney for Plaintiff Dated: ?Z N b z? r> ?O co arn -a SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-01050 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MORTGAGE CO-WEST ET AL VS KELLY DENNIS M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT TI=T T V r UATKTT C M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KELLY DENNIS M PER NEIGHBOR, HE MOVED OUT WEEKS AGO BUT STILL PICKS UP MAIL THERE ON WEEKENDS. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 nn J V . J J So answ i R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 03/15/2002 Sworn and subscribed to before me this /q L- day of Wt&w. A. D. (J, 0- .-1 Pro onotary FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-700n CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 V. DENNIS M. KELLY ALICE M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 Plaintiff Defendant(s) TERM ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09Q clot' tc l CUMBERLAND COUNTY **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE W BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE We hereby certify the CARLISLE, PA 17013 within to be a true and (717) 249-3166 correct copy of the original filed of reco d TRUE COPY FROM RECORD r FEDERMAN AND PHELAN In Towimony Wgwmf, I two unto set my hang d an the Of said Court at tS1e. Pa Loan #: 0007459349 . day Q-kka IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: DENNIS M. KELLY ALICE M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/31/92 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENTRAL MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1081, Page 505. By Assignment of Mortgage Recorded 6/11/93 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 446, Page 333. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $63,580.05 Interest 6,338.68 12/1/00 through 2/1/02 (Per Diem $14.81) Attorney's Fees 1,250.00 Cumulative Late Charges 660.24 7/31/92 to 2/1/02 Cost of Suit and Title Search 5500.0 Subtotal $72,378.97 Escrow Credit 0.00 Deficit 212 2.7 Subtotal $212 27 TOTAL $73,291.24 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 10. By virtue of the death of ALICE M. KELLY, defendant became the sole owner of the mortgaged premises as surviving tenant by the entireties or surviving joint tenant. 11. Plaintiff hereby releases ALICE M KELLY, his/her heirs and assigns from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,291.24, together with interest from 2/1/02 at the rate of $14.81 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as (street, township/ municipality/ borough, county), and being finther described on that certain Deed dated 7/31/92and recorded 8/5/92in the Office of the Recorder of Deeds in CUMBERLAND County in Deed Book No.1081, Page 505. Parcel No. (09-17-1042-1567 BEING known as (402 DAVID DRIVE) VERIFICATION TIMOTHY FITZGIBBON hereby states that he is ASSISTANT SECRETARY of CHASE MORTGAGE COMPANY WEST (CO) mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: -gh 2 @J? d FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7215) 561-7000 CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff VS. DENNIS M. KELLY ALICE M. KELLY Defendants Attorney for Plaintiff COURT OF COMMON PLEAS . CIVIL DIVISION Cumberland County No. 02-1050 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: April 26, 2002 byh,SVC DEPT n C n C N rte':. -,3 `; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE CO-WEST ET AL VS KELLY DENNIS M ET R. Thomas Kli , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KELLY DENNI but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 28th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 29.25 .00 66.25 05/28/2002 FEDERMAN & PHELAN Sworn and subscribed to before me this .3A?( day of j-"1 ) A. D. in his bailiwick. He therefore So answers -., R. Thomas Kline Sheriff of Cumberland County ????? Prothonotary (pffice of r,*hrxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania CHASE MORTGAGE COMPANY WEST vs Comity of Dauphin KELLY DENNIS M Sheriff's Return No. 1162-T - - -2002 OTHER COUNTY NO. 02-1050 AND NOW:May 13, 2002 at 9:01AM served the within COMPLAINT upon KELLY DENNIS M by personally handing to HIM 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at POE: COVENCO INCORPORATION 3201 FULLING MILL RD MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 20TH day of MAY, 2002 c?. PROTHONOTARY So Answers, IPz?;7°1c- Sheriff of Dauphin County, Pa. By V Deputy riff Sheriff's Costs: $29.25 PD 05/10/2002 RCPT NO 164213 NMILLER In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Mortgage Company West v5. Dennis M. Kelly et al SERVE: Dennis M. Kelly No. 02 1050 civil . Now, May 8, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, _ within upon at by handing to a and made known to 20 , at o'clock M. served the copy of the original So answers, the contents thereof. Sheriff of COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT County, PA J FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 12151 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY CUMBERLAND COUNTY 3415 VISION DRIVE COURT OF COMMON PLEAS COLUMBUS, OH 43219 CIVIL DIVISION V. Plaintiff, NO. 02-1050 DENNIS M. KELLY ALICE M. KELLY (DEC'D) Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DENNIS M. KELLY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/02/02 to 6/17/02 TOTAL $73,291.24 $ 2.014.16 $75,305.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. NK FED RMAN, ESQUIRE Attorney for P aintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE. -'.1 t8t PRO PROTHY _ 1_? FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ") 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff DENNIS M. KELLY ALICE M. KELLY Defendant(s) VS. TO: DENNIS M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: JUNE 4. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1050 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 (10) 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'T'Y CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff vs. DENNIS M. KELLY ALICE M. KELLY Defendant(s) TO: DENNIS M. KELLY 3201 FULLING MILL ROAD MIDDLETOWN, PA 17057-3174 DATE OF NOTICE: JOE 4. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1050 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT'PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 (10) 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ?lS.?-??v 2" ?C?--?-C? Cyr Frank Federman, Esquire Attorney for Plaintiff a c 2. LL!? ?Q co = n r? V c? r_ FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. DENNIS M. KELLY ALICE M. KELLY (DEC'D) Defendant(s). NO. 02-1050 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DENNIS M. KELLY is over 18 years of age and resides at, 402 DAVID DRIVE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. FRANK F ERMAN, ESQUIR Attorney for Plaintiff G; W M j2 CC) z n? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff, V. No. 02-1050 DENNIS M. KELLY ALICE M. KELLY (DEC'D) Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,305.40 Interest from 6/18/02 to 12/04/02 $ 2.104.60 and Costs (per diem -$12.38) TOTAL $77,410.00 RANK FE ERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated May 13, 1982, as follows, to wit: BEGINNING at a point on the southeasterly line of David Drive, said point being measured by same in a southwesterly direction, a distance of 80 feet from Heidi Terrace; thence South 41 degrees 20 minutes 00 seconds East along lands now or late of William C. Lippincott, Jr. and being Lot No. 2 on the hereinafter mentioned Plan of Lots, a distance of 110.17 feet to a point; thence South 43 degrees 10 minutes 00 seconds West along lands now or late of Richard Gurka, a distance of 40.19 feet to a point; thence North 41 degrees 20 minutes 00 seconds West along the line of adjoiner between Lots Nos. 1X and 1 on said Plan, and being along and through a partition wall and beyond a distance of 114.02 feet to a point on the southeasterly line of David Drive aforesaid; thence along said David Drive North 48 degrees 40 minutes 00 seconds East a distance of 40 feet to the point and place of BEGINNING. BEING Lot No. 1X, Block M on Plan No. 16, Ridley Park in Cumberland County Plan Book 21, Page 83. BEING known as 402 David Drive. Tax Parcel #09-17-1042-156 TITLE TO SAID PREMISES IS VESTED IN nn Deed from Harry A C DX- M.Kell and Alice M. Kelly, his wife, by . orrea and Sharon U Correa, his wife, dated 7731/92, recorded 8/5/92, in Deed Book U-35, Page 1055. AND THE SAID Alice M. Kelly died on 1/12/94 whereby title to said premises became vested in Dennis M. Kelly by right of survivorship F-- C L) =? r C a CC) 1 I ? ? u ? ? ? ? 0 0 0 t? ?t M Ng O G O r W y a 0 N a d ro x r r ro a 0 z x ? a E ? JB ? o v z y ?o a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1050 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY, Plaintiff (s) From DENNIS M. KELLY ALICE M. KELLY (DEC'D), 402 DAVID DRIVE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,305.40 L.L. $.50 Interest FROM 6/18/02 TO 12/4/02 (PER DIEM - $12.38) $2,104.60 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $176.60 Other Costs Plaintiff Paid Date: JUNE 18, 2002 CURTIS R. LONG Prothono ry (Seal) ?B //t4A Deputy U REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff, V. DENNIS M. KELLY ALICE M. KELLY (DEC'D) Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1050 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FED RMAN, ESQUIRE Attorney for Plaintiff ?r i L 1. r-- i Cl. E 7 -- 11 fV 7 o (j CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff, V. DENNIS M. KELLY ALICE M. KELLY (DEC'D) Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1050 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at.402 DAVID DRIVE. CAMP HILL. PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name DENNIS M. KELLY Last Known Address (if address cannot be reasonably ascertained, please indicate) 402 DAVID DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHEM-DRY OF HARRISBURG 4525 MT. ZION DRIVE ENOLA, PA 17025 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNA. BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY UNIT INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 6THFLOOR, STRAWBERRY SQUARE DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURG, PA 15222 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 402 DAVID DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Boa 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. NNE 17.2002 DATE FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff CD p i-ri C _ ? = '?7 ?a -G IQ fV R CHASE MORTGAGE COMPANY-WEST CUMBERLAND COUNTY F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff, No. 02-1050 V. DENNIS M. KELLY ALICE M. KELLY (DEC'D) Defendant(s). June 7, 2002 TO: DENNIS M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at , 402 DAVID DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on 12/04/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $75,305.40 obtained by CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated May 13, 1982, as follows, to wit: BEGINNING at a point on the southeasterly line of David Drive, said point being measured by same in a southwesterly direction, a distance of 80 feet from Heidi Terrace; thence South 41 degrees 20 minutes 00 seconds East along lands now or late of William C. Lippincott, Jr. and being Lot No. 2 on the hereinafter mentioned Plan of Lots, a distance of 110.17 feet to a point; thence South 43 degrees 10 minutes 00 seconds West along lands now or late of Richard Gurka, a distance of 40.19 feet to a point; thence North 41 degrees 20 minutes 00 seconds West along the line of adjoiner between Lots Nos. 1X and 1 on said Plan, and being along and through a partition wall and beyond a distance of 114.02 feet to a point on the southeasterly line of David Drive aforesaid; thence along said David Drive North 48 degrees 40 minutes 00 seconds East a distance of 40 feet to the point and place of BEGINNING. BEING Lot No. 1X, Block M on Plan No. 16, Ridley Park in Cumberland County Plan Book 21, Page 83. BEING known as 402 David Drive. Tax Parcel #09-17-1042-156 TITLE TO SAID PREMISES IS VESTED IN Dennis M Kelly and Alice M Kelly his wife, by Deed from Harry A. Correa and Sharon L. Correa, his wife, dated 7/31/92, recorded 8/5/92, in Deed Book U-35, Page 1055. AND THE SAID Alice M. Kelly died on 1/12/94 whereby title to said premises became vested in Dennis M. Kelly by right of survivorship r as ? ?: :;? LjQ i?_,.t_ ' ?_?_? :7 ??, i31 11 i`l C3. f ?? (° t.L L ?S ? U f.) LJ CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY Plaintiff, V. DENNIS M. KELLY ALICE M. KELLY (DEC'D) Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1050 AMENDEDAFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 402 DAVID DRIVE CAMP HILL. PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHEM-DRY OF HARRISBURG 4525 MT. ZION DRIVE ENOLA, PA 17025 4. Name and address of last recorded holder of every mortgage of record: t b Name Last Known Address (if address canno e reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name COMMONWEALTH OF PENNA. BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY UNIT INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER EAST PENNSBORO TOWNSHIP Last Known Address (if address cannot be reasonably ascertained, please indicate) TH FLOOR6 , STRAWBERRY SQUARE DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURG, PA 15222 98 SOUNTH ENOLA DRIVE ENOLA, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 402 DAVID DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification authorities. AUGUST 16.2002 DATE FRANK FED RMAN, ES ESQUIRE Attorney for Plaintiff =-- a 'R Y N m 09/26/2002 13:49 FAX 215 563 3352 FEDERMAN PFC AFFIDAVIT OF SERVICE 1 PLAINTIFF CHASE MORTGAGE COMPANY-WEST FIX/A CHEMICAL MORTGAGE COMPANY DEFENDANT(S) DENNIS M. KELLY ALICE M. KELLY (DEC-D) SERVE DENNIS M. KELLY AT CONVENCO, INC. 3791 FULLING MILL ROAD MEDDLETOWN, PA 17057-3174 (PLACE OF EMPLOYMENT, PERSONAL & CONFIDENTAL) 40002 CUMBERLAND COUNTY XMb No. 02-1050 ACCT. #0007459349 Type of Action - Notice of Sheriffs Sale Sale Date: 12/04/02 SERVED Served and made known to , Defendant, on the -f day o 200 at I I ? o'cloar2 m., at . ? an I ?U A ? t-C' j U Ad I?n=onweslth of Pennsylvania, in the manner described below: Defendant personally served. family member with whom Defendant(s) reside(s). Relationship is Adak in charge of Dcfcndant(s)'s residue who refined to give manic or relationship. Manager/Clerk of place of lodging in which Defondant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: J mX N Dt A ?J / scrido : Age !i4 Height J? ? ?Veig1N j?b Race Sex A_ Other 1, a nt adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Nofte of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn ro and s scribed bef me day of 200-3. Nomr BY PLEASE ATT&APT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notarial seat Usa WGreason, Notary Public NOT SERVED Carlisle Boro, Cumberland County My Ci~lon Expir , 2002 200, at o'clock _.m., Defendant NOT FOUND because Moved Unknown _ No Answer .-- Vacant 1`r Attempt. / / Time- tad Attempt: Time: 3rd Attempt: I ( Time: Sworn to and subscribed before me this day of 200-. Notary: By. Attorney for Phdntiff Frank Federman, Esquire - T.D. No. 12248 C-) c:, o C= PIT-' -Q r k JCS D C ? -,J- rn i i, l? < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY ) CIVIL ACTION vs. DENNIS M. KELLY ) CIVIL DIVISION ALICE M. KELLY, (DEC'D) ) NO. 02-1050 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MORTGAGE COMPANY-WEST F/K/A CHEMICAL MORTGAGE COMPANY hereby verify that on 6/17/02 & 8/16/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice: of Sale was sent to the Defendant(s) on 6/17/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: December 4. 2002 FRAIq'K FE E:RMAN, ESQUIRE Attorney for Plaintiff eoL8V o ? °vA w 0.i O ? w ??-1 ? Q ono v c, ?xa U ww.? a r. W ? o .c w?-•a y 'b d ? ''00 w z a..o I F L V fi V C 6 = A R y G { y r 3?-r ? • 1? ? ? V[ ? ?IQ.6.1iNRi r? ? lai?S O ?? c? rb v c n n ' o y d V1 c y -9 ? ° c ? C ? u O O O N Q ar Q m ? ? 3 L' . -. e a `u U ?T p r. n W) =8 i . ? Q C7 ? ° . a, W vI ¢ y 4 V [q 9 Q x rN - y'a 6 T :J z ? xx ? ? ? rL + AA ~ o?g°2 ? O ? P E^ ? d O W c . O x 3 ? x ? Q3 w¢ W o v?A?_ z O ¢ ° _ ?x° ?? ?H a ?vgg ° A q z i ¢ o o rE? x O c' ? W Ea- oo ? Q `a N F" - O U d O U Q 0 W o A O o ? a ? WO w `' ti) ? C,4 M v 9 W w ¢ A ? ( ? ^ Q ? z0 ? 00 0 ?s ` wAy ""' ? U p a ¢ A ? O??"y C7 U?0 0 Z W M w N , ¢ W .r Lri a>W M O ?" ? VI V] A W C) ° g O p ? °v x?Q pWQ W? x p U o ? a s Z > LT. x O a a a u WW a WW U ? ?Z W?-'?? az ? u ?G 9 3 o c n 0a ?E? c?FW- Q U A U AWx w ?o H U A A o-°- z d a E z _d (y_? L 9 L Q O m ° 3 y V1 'p a o .w ?a 300 a?z ' J 9 c z ??cd? 03??,vn . - tr :,.. 0 F a` 0 6 ' =jut,, E. y ? ? 2 1 yN' Y t L O fq 0 O w "w' O C • 1Spd 5alyi ? E E h ' e W o a u q C q Yi d .'0. . a p y w i eC 9 C Y W O W O N ^ w a CL a X 6 E: L Oe C R 9 i ?. a e opo Wy E W N C L, y O O X W L 7 Q u w a L L WC a09V1 L $ 4 w ` q Ery w u i9 C 7 y ? d . O •L L.y Ewa C r?' pO wX ? 7 4 w i V C W ' L C1 Z E? u c i F' a 'OED u d '? d FE???a o ° e w a 7 E '" l a W 1 y u 1 x ?o m .°'. s ? W a? E W a? O o ^ a< a4O: y oar 4 boa MOO 9 ZW^ z t U ?' ?' ? S y 'mil O° r 6 uO L7 C w w !? v] '1 L O r; 3s z Waw E' a E w t xa aY Y O L ^ N O CIO u y Q O M O eL? 4p1 4 7 h a y b n u y Z t a aD °` o .. E y F4 7160 3901 9844 8597 7402 TO: DENNIS M. KELLY, CONVENCO INC.. 3201 FULLING MILL ROAD, MIDDLETOWN, PA 17057-3174 SENDER: KMD_SALES REFERENCE: #0007459349 i RETURN Postage t RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 7160 3901 9844 8597 7419 TO: DENNIS M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 SENDER: KMD-SALES N ; r: REFERENCE: #0007459349 PS Form 3800.,June 2non 10 nrsr ?? - ------------- RETURN Postage 34 i RECEIPT Certified Fee SERVICE . 2.10 Return Receipt Fee _ 1.50 Restricted Delivery 0.00 Total Postage & Fees 3.94 _ US Postal Service POSTMARK OR D A $ ` Receipt for Certified Mail No Insurance Coverage Provided - <` Do Not Use for International Mail a 5 r? v -? C N ?? ' Fri n to ! ? ) cil G t'' "O 'v ?O -C COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Chase Manhattan Mtg Coro is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 18th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1050, at the suit of Chase Mte Co-West fka Chemical Mtg Co against Dennis M Kelly is duly recorded in Sheriff's Deed Book No. 255, Page 1690. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. 2003 Recorder of Deeds Chase Mortgage Company-West f/k/a In The Court of Common Pleas of Chemical Mortgage Company Cumberland County, Pennsylvania VS Writ No. 2002-1050 Civil Term Dennis M. Kelly and Alice M. Kelly (Dec'd) 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: Dennis M. Kelly, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: And Now: October 15, 2002 at 12:15 pm served the within Sheriff s Sale of Real Estate upon Dennis M. Kelly by personally handing to Defendant one true attested copy of the original Sheriffs Sale of Real Estate and making known to him the contents thereof at 3201 Fulling Mill Road, Middletown, PA 17057. So Answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 1:13 o'clock PM., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dennis M. Kelly located at 402 David 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 Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Dennis M. Kelly, by regular mail to his last known address of 3201 Fulling Mill Road, Middletown, PA 17057. This letter was mailed under the date of October 18, 2002 and never returned 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 December 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Frank Federman for Chase Manhattan Mortgage Corporation. It being the highest bid and best price received for the same, Chase Manhattan Mortgage Corporation of 3415 Vision Drive, Columbus, OH 43219, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $899.85, it being costs. Sheriffs Costs: Docketing $ 30.00 Poundage 17.64 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage Certified Mail Levy Surcharge Out of County Dauphin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20.70 1.26 15.00 20.00 9.00 29.25 344.45 251.35 25.20 25.00 39.50 $ 899.85 paid by attorney 01/08/03 Sworn and subscribed to before me This day of 2003, A.D. So Ans rs• R. Thomas Kline` h ri f BY Odq Prothonotary Real Estate eputy -3 ;?3 Real Estate Sale # 08 On August 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 402 David Drive, Vamp Hit[ more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 9, 2002 By, Real Estate Deputy r ?I? - Z THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 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 The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M" Volume 14, Page 317. PUBLICATION , - -'"' ... ./.: n.? ? . ` COPY 'may .... ...... .... .. . ............. ........... (' ................. -"Sworn to and subscribed before this 14th da of Novert5?er 2002 A.D. S A L E #8 Notarial Seal - REAL ESTATE SALE No. 8 Terry L. Russell, Notary Public !, Writ No. 2002-1050 City of Harrisburg, Dauphin County Civil Term C My Commission Expires June 6,2006 N TARY PUBLIC hase Mortgage Company - West f/k/a Member, Pennsylvania Association Cd Notaries My commission expires June 6 2006 Chemical Mortgage , Company CUMBERLAND COUNTY SHERIFFS OFFICE Dennis M. Kelly and Alice M Kell CUMBERLAND COUNTY COURTHOUSE . y (Decd) Atty: Frank Federman CARLISLE, PA. 17013 DESCRIMON ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland Statement of Advertising Costs County, Pennsylvania, more particularly bounded and described in accordance with a survey of To THE PATRIOT-NEWS CO., Dr. Reed Engineering, Inc., dated May 13, 1982, as follows, to wit. For publishing the notice or publication attached BEGINNING at a point on the southeasterly line hereto on the above stated dates $ 249.60 of David Drive, said point being measured by same in a southwesterly direction a distance of 80 Probating same Notary Fee(s) $ 1 .75 , feet from Heidi Terrace; thence South 41 degrees Total $ 251 .35 20 minutes 00 seconds East along lands now or late of William C. Lippincott, Jr. and being Lot ' No. 2 on the hereinafter mentioned Plan of Lots, a Publisher s Receipt for Advertising Cost The Patriot News 'Co i ., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general c rculation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ..................................................................... distance of 110.17 feet to a Point; thence South 4s degrees 10 minus 00 seconds West along lands now or late of Richard G+ri4 a distance of 40,19 feet to a point; thence North 41 degrees 20 minutes 00 seconds West along the line of adjoiner between Lots Nos. IX and 1 on said Plan, and tieing along and thtoogh a partition wall and beyond a distance of 114.02 feet to a point on the southeasterly line of David Drive aforesaid; thence along said David Drive North 48 degrees 40 minutes 00 seconds East a distance of 40 feet to the point and place of BEGAWIIVG. BEM Lot No. IX, Block M on Plan No. 16, Ridley Park in Cumberland County Plan Book 21, Page 83. BMG known as 402 David Drive. Thz Pa=I AM 17-1042-156, TITLE TO SAID PREMISS IN VESTED IN Dennis M. Kelly and Alice M. Kelly, his wife, by Deed from Harry A. Coma and Sharon L. Correa, his wife, did 7/31192, recorded 8/5192, in Deed Book U-35, Page 1055. AND THE SAID Alice M. Kelly died on 1/12/94 whereby tick to said premises became vested in Dennis M. Kelly by right of survivorship. 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 printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 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 ESTATE 8ALE NO. 8 Writ No. 2002-1050 Civil Term Chase Mortgage Company-West, f/k/a Chemical Mortgage Company vs. Dennis M. Kelly and Alice M. Kelly (Deed) Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Penns- boro Township, Cumberland Coun- ty, Pennsylvania, more particularly bounded and described in accor- dance with a survey of Reed Engi- neering, Inc., dated May 13, 1982, as follows, to wit: BEGINNING at a point on the southeasterly line of David Drive, said point being measured by same in a southwesterly direction, a dis- tance of 80 feet from Heidi Terrace; thence South 41 degrees 20 min- Roge M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER 2002 ., Public my G?: utes 00 seconds East along lands now or late of William C. Lippincott. Jr. and being Lot No. 2 on the here inafter mentioned plan of Lots, a dis tance of 110.17 feet to a point: thence South 43 degrees 1.0 min- utes 00 seconds West along lands now or late of Richard Gurka, a dis tance of 40.19 feet to a point: thence North 41 degrees 20 minutes 00 seconds West along the line of ad joiner between Lots Nos. 1X and 1 on said Plan, and being along and through a partition wall and beyond a distance of 114.02 feet to a point on the southeasterly line of David Drive aforesaid: thence along said David Drive North 48 degrees 10 minutes 00 seconds East a distance of 40 feet to the point and place of BEGINNING. BEING Lot No. 1X, Block M on Plan No. 16, Ridley Parkin cumbeer- land County Plan Book 21, Page BEING known as 402 David Drive. Tax Parcel #09-17-1042-156. TITLE TO SAID PREMISES IS VESTED IN Dennis M. Kelly and Alice M. Kelly, his wife, by Deed from Harry A. Correa and Sharon L. Correa. his wife, dated 7/31/ 92, recorded 8/5/92, in Deed Book U-35, Page 1055. AND THE SAID Alice M. Kelly died on 1/12/94 whereby title to said premises became vested in Dennis M. Kelly by right of survivorship. i S l