Preview
Supreme Court of Pennsylvania
Court of Common Pleas
Civil Cover Sheet
DelawareCounty
The information collected on this form is used solel)
supplement or
For Prothonotary Use Only:
Docket No:
for court administration purposes. This form does not
eplace the filing and service of pleadings or other papers as required by law or rules of court.
‘Commencement of Action:
Complaint Writ of Summons
Transfer from Another Jurisdiction
Petition
Declaration of Taking
Lead Plaintiff's Name: Truist Bank formerly known as BB&T Mortgage
Lead Defendant's Name: Mark B. Kennedy
Are there money damages requested?
Yes Dollar Amount Requ
(check one)
within arbitration limits
outside arbitration limits
Is this a Class Action Suit
Yes Is this an MDJ Appeal Yes
Name of Plaintiff/Appellant’s Attorney: McCabe, Weisberg & Conway, LLC
Check here if you have no attorney (a Self Represented [Pro Se] Litigant
Nature of the Case:
Place an “X” to the left of the ONE case category that most accurately describes your
PRIMARY CASE If you are making more than one type of claim, check the one that
ou consider most important.
TORT do not include Mass Tort
Intentional
Malicious Prosecution
Premises Liability (does not include
mass tort
Slander/Libel/ Defamation
CONTRACT do not include Judgments
Buyer Plaintiff
Debt Collection: Credit Gard
Debt Collection: Other
Employment Dispute:
Discrimination
Toxic Tort Implant
Toxic Waste
Other:
CIVIL APPEALS
Administrative Agencies
Board of Assessment
Board of Elections
Department of Transportation
Statutory Appeal: Other
PROFESSIONAL LIABILITY
Dental
Legal
Medical
Other Professional:
Ejectment
Eminent Domain/Condemnation
Ground Rent
Mortgage Foreclosure: Residential
Mortgage Foreclosure: Commercial
Partition
Quiet Title
Other:
Other: Employment Dispute: Other Zoning Board
Other
MASS TORT Other
Asbestos,
Tobacco
Toxic Tort “DES REAL PROPERTY MISCELLANEOUS
Common Law/Statutory Arbitration
Declaratory Judgment
Mandamus
NonDomestic Relations
Restraining Order
Quo Warranto
Replevin
Other:
Updated 1/1/2011CIVIL COVER SHEET AND ENTRY OF APPEARANCE
DELAWARE COUNTY COURT OF COMMON PLEAS
1. Case Caption Court Term & No.
Truist Bank formerly known as BB&T Mortgage (Plaintiff)
Mark B. Kennedy and Winifred Wheeler
2a. Plaintiff(s) 2b. Defendant(s)
Truist Bank formerly known as BB&T Mortgage Mark B. Kennedy
111 Millport Circle 101 Turnbridge Road
Greenville, SC 29607 Haverford, Pennsylvania 19041
Winifred Wheeler
101 Turnbridge Road
Haverford, Pennsylvania 19041
3a. Related Cases? Yes 3b. Case Subject to Coordination Order? Yes
If yes, show Caption and Date of Order
4, Entry of Appearance
To the Office of Judicial Support:
Kindly enter my appearance on behalf of Truist Bank formerly known as BB&T
Mortgage, (a) plaintiff in this action. Papers may be served at the address sent
forth below.
Margaret Gairo, Esq., Christine L. Graham, Esq., Esq., Nathalie Paul, Esq., Address: 123 South Broad Street, #1400
Chelsea A. Nixon, Esq. .
Attorney for party named above (Please Print) Philadelphia, PA 19109
MG #34419, MMC #87830, CLG #309480, JIF #314675, LMM #320589, CAN Telephone: 2 1 5 790 Fax: 21 5 790
#324130 Mail:
Attorney I-D. Number
/s/ Chelsea A. Nixon 7/25/2022
Attorney Signature DateChoose only the one description which best reflects the principal type of case or relief sought from the list.
Case Description
APPEAL
Minor Court
Money Judgement
Landlord and Tenant
Code Enforcement
Personal Injury
Breach of Contract
Other
Local Agency
Civil Service
Motor Vehicle
Licenses and Inspections
Liquor Control Board
Tax Assessment Boards
Zoning Board
Other
Proceedings Commenced by Petition
Appointment of Arbitrators
Change of Name
Compel Medical Examination
Election Matters
Eminent Domain
Leave to Issue Subpoena
Mental Health Proceedings
Other
ACTIONS COMMENCED BY WRIT
OF SUMMONS OR COMPLAINT
Abuse of Process
Action for Wrongful Death
Class Action
Confession of Judgement/Money
Confession of Judgement/
Real Property
Contract
Construction
Insurance/Bad Faith
Negotiable Instruments
Other
Intentional Tort
Assault and Battery
Libel and Slander
Defamation
Employment/Wrongful Discharge
False Imprisonment
Fraud
Malicious Prosecution
Negligence
Motor Vehicle
Real Property
Premises Liability
Product Liability
Toxic Tort
Asbestos
DES
Implant
Toxic Waste
Other
Professional Malpractice
Dental
Legal
Medical
Other
Equity
Real Property
Stockholders Derivative Action
Waste Prevention
Other
Declaratory Judgement
Ground Rent
Mandamus
Real Property
Ejectment
Quiet Title
Mortgage Foreclosure
Mechanics Lien
Partition
Prevent Waste
Replevin
Saving Action Um/Uim
Quo Warranto
Other1 . CouRT oF COMMON PLEAS
DELAWARE COUNTY
THIRTY SECOND JUDICIAL DISTRICT
‘COURTHOUSE
NO:
Meo1A, Drt.AWARE COUNTY, PENNSYLYANIA
19063.
Important Notice
Date of Service of this Notice:
(to be completed by the Sheriff's Deputy upon Service of Complaint)
Under a new Pilot Program sponsored by the Court of Common Pleas of Delaware County,
and the Sheriff of Delaware County, you may be eligible to get help with your Mortgage.
Call the Save Your Home Hotline at 800 2227
To be eligible for any stay, you must be the owner or an.heir to a deceased owner of the
property which is the subject of the Action of Mortgage Foreclosure and you must occupy the
property which is the subject of this Action.of Mortgage Foreclosure as your principal residence.
You will discuss your mortgage foreclosure with an independent and professional Housing
Counselor who will work with you to review your finances and work with your lender to try and
resolve the mortgage foreclosure action. The Housing Counselor is available to you AT NO
CHARGE. Once you call this number, the Housing Counselor will contact the lender’s attorney
and the Court sanctioned thirty (30) day delay of the Action in Mortgage Foreclosure will go into
effect, all you have do is call.
You can have the Action of Mortgage Foreclosure delayed for up to thirty (30) days so that
you can participate in a conference with your Housing Counselor and submit a loan resolution
proposal to the lender and their attorney. This may assist you in saving your home from
foreclosure.
Call the Save Your Home Hotline at 2227
Make this call today to save your home. If you do not call within thirty (30) days from the
day this notice has been served on you or a member of your household by the Sheriff, you may
not be eligible for this program, but you may have other legal ways to delay the foreclosure
action.
100789IF YOU DECIDE TO USE THE SERVICES OF THE
HOUSING COUNSELOR MADE AVAILABLE BY THIS
PROGRAM, YOU SHOULD NOTE THAT THE SOLE
PURPOSE OF THIS PROGRAM IS TO PROVIDE
INFORMATION AND ASSISTANCE IN YOUR DESIRE
TO MAKE ARRANGEMENTS WITH YOUR LENDER
FOR THE MUTUAL RESOLUTION OF YOUR
INDEBTEDNESS. THIS IS A PUBLIC SERVICE
PROGRAM AND IS NOT IN ANY WAY A PROGRAM TO
PROVIDE YOU WITH LEGAL ADVICE OR LEGAL
SERVICES OF ANY KIND. NEITHER THE HOUSING
OUNSELOR NOR ANY PERSON OR ENTITY
ASSOCIATED WITH THE PROGRAM IS PROVIDING
OR WILL PROVIDE YOU WITH ANY INFORMATION
OR ADVICE CONCERNING ANY LEGAL REMEDIES,
LEGAL PROCEDURES, OBJECTIONS OR DEFENSES
TO THE CLAIM AGAINST YOU. THE PROGRAM AND
ANY PERSON OR ENTITY ASSOCIATED WITH IT
DOES NOT AND WILL NOT PROVIDE YOU WITH ANY
ATTORNEY OR LEGAL REPRESENTATION OF ANY
KIND.
100789NOTICE
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 warmed 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 DONOT
HAVE A LAWYER, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH
INFORMATION , ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO)HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
Lawyers Reference Service
Delaware County Bar Association
335 West Front Street
Media, Pennsylvania 19063
(610) 566-6625
Kennedy 21-100789
Complaint in Mortgage Foreclosure
AVISO
Le han demandado a usted en la corte. Si usted
quiere defenderse de estas demandas ex-puestas
en las paginas siguientes, usted tiene veinte (20)
dias de plazo al partir de la fecha de la demanda y
la notificacion. Hace falta asentar una
comparencia escrita 0 en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no
se defiende, la corte tomata medidas y puede
continuar la demanda en contra suya sin previo
aviso 0 notificacion. Ademas, la corte puede
decidir a favor del demandante y requiere que
usted cumpla con todas las provisiones de esta
demanda. Usted puede perder dinero o sus
propiedades u otros derechos importantes para
usted.
USTED LE DEBE TOMAR ESTE PAPEL
A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE A UN ABOGADO, VA AO
TELEFONEA LA OFICINA EXPUSO ABAJO.
ESTA OFICINA LO PUEDE PROPORCIONAR
CON INFORMATION ACERCA DE
EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA
OFICINA PUEDE SER CAPAZ DE
PROPORCIONARLO CON INFORMACION
ACERCA DE LAS AGENCIAS QUE PUEDEN
OFRECER LOS SERVICIOS LEGALES A
PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Lawyers Reference Service
Delaware County Bar Association
335 West Front Street
Media, Pennsylvania 19063
(610) 566-6625
Page 1 of 5McCABE, WEISBERG & CONWAY, LLC
MARGARET GAIRO, ESQUIRE - ID # 34419
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
MARISA MYERS COHEN, ESQUIRE - ID # 87830
ANDREW M. LUBIN, ESQUIRE - ID # 54297
CHELSEA A. NIXON, ESQUIRE — ID # 324130
JAMES FRENCH, ESQUIRE — ID # 319597
NATHALIE PAUL, ESQUIRE — ID # 309118
123 South Broad Street, Suite 1400
Philadelphia, PA 19109
(215) 790-1010
Truist Bank formerly known as Branch
Banking and Trust Company,
111 Millport Circle
Greenville, SC 29607,
Plaintiff,
Vv.
Mark B. Kennedy,
101 Turnbridge Road
Haverford, PA 19041,
and
Winifred Wheeler
101, Turnbridge Road
Haverford, PA 19041,
Defendants.
Attorneys for Plaintiff
Delaware County,
Court of Common Pleas
Number:
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is Truist Bank formerly known as Branch Banking and Trust Company, duly
organized and doing business at the above-captioned address.
2. The Defendant is Mark B. Kennedy, who is a mortgagor and real owner of the
mortgaged property hereinafter described, and his/her last-known address is 101 Turnbridge Road,
Haverford, PA 19041.
Kennedy 21-100789
Complaint in Mortgage Foreclosure
Page 2 of 5The Defendant is Winifred Wheeler, who is an owner of the mortgaged property
hereinafter described, and his/her last known address is 101 Turnbridge Road, Haverford, PA
n February 28, 2007, Mark B. Kennedy and Heath M. Kennedy, made, executed and
delivered a Mortgage upon the premises hereinafter described to National Penn Bank which
Mortgage is recorded in the Office of the Recorder of Delaware County as Instrument Number
2007029561 (“the Mortgage”), the Mortgage is incorporated herein by reference pursuant to
Pa.R.C.P. 1019(g).
Subsequently thereto, National Penn Bank was acquired by Branch Banking and
Trust Companyand became known as Branch Banking and Trust Company
Subsequently thereto, Branch Bankingand Trust Company was acquired by Truist
Bank, and became known as Truist Bank formerly known as Branch Banking and Trust Company
Plaintiff herein.
On February 28, 2007, Mark B. Kennedy and Heath M. Kennedy, also executed an
Adjustable Rate Note secured by the Mortgage (“the Note”). Plaintiff, directly or through an agent,
is in possession of the Note and is the holder of the Note with the right to enforce it; the Note is
either made payable to plaintiff or has been duly indorsed
On October 29, 2012, Heath M. Kennedy departed this life leaving title vested solely
in Mark B. Kennedy by operation of law
Winifred
The premises subject to the Mortgage is described in the legal description attached as
Exhibit “A” and is known as 101 Turnbridge Road, Haverford, PA 19041.
Kennedy 21100789 Complaint in Mortgage Foreclosure Page ofhe Mortgage is in default because monthly payments of principal and interest upon
the Mortgage due January 7, 2021 and each month thereafter are due and unpaid, and by the terms of
the Mortgage, upon default in such payments for a period of one month, the entire principal balance
and all interest due thereon are collectible forthwith.
The following amounts are due on the Mortgage:
Principal Balance
Interest through May 31, 2022
(Interest due and owing at a variable rate, currently
per diem)
GRAND TOTAL
plus additional interest and all other amounts authorized under the mortgage and applicable law that
are reasonable and have been incurred, including but not limited to costs, eserow advances, and
attorney's fees.
Pre foreclosure notices were sent at least 33 days prior to the filing of this action. A
copy of said notice is attached hereto as Exhibit “B”.
WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of
$379,353.53, together with interest accruing thereafter; other costs and charges collectible under the
Mortgage and applicable law, including all reasonable and actually incurred attorney's fees and
costs; and the foreclosure and sale of the mortgaged property.
Date: 7/25/2022 McCABE, WEISBERG & CONWAY, LLC
py./8/ Chelsea A. Nixon
[ ] Margaret Gairo, Esq. [ ] James French, Esq.
[ ] Christine L. Graham, Esq. [ ] Marisa Myers Cohen, Esq.
[ ] Nathalie Paul, Esq. [ ] Andrew M. Lubin, Esq.
[ ] Chelsea A. Nixon, Esq.
Attorneys for Plaintiff
Kennedy 21100789 Complaint in Mortgage Foreclosure Page ofVERIFICATION
Ol and le Gord cc , hereby states that he/she is fA-v/
of Truist Bank formerly known as Branch Banking and Trust Company, Plaintiff in this matter,
that he/she is authorized to make this Verification, and verify that the statements of fact made in
the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/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 unsworn falsification to authorities.
pare: 2frofer LL. ) Leer hance:
Name: Cland/, Caen
Preview
Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet DelawareCounty The information collected on this form is used solel) supplement or For Prothonotary Use Only: Docket No: for court administration purposes. This form does not eplace the filing and service of pleadings or other papers as required by law or rules of court. ‘Commencement of Action: Complaint Writ of Summons Transfer from Another Jurisdiction Petition Declaration of Taking Lead Plaintiff's Name: Truist Bank formerly known as BB&T Mortgage Lead Defendant's Name: Mark B. Kennedy Are there money damages requested? Yes Dollar Amount Requ (check one) within arbitration limits outside arbitration limits Is this a Class Action Suit Yes Is this an MDJ Appeal Yes Name of Plaintiff/Appellant’s Attorney: McCabe, Weisberg & Conway, LLC Check here if you have no attorney (a Self Represented [Pro Se] Litigant Nature of the Case: Place an “X” to the left of the ONE case category that most accurately describes your PRIMARY CASE If you are making more than one type of claim, check the one that ou consider most important. TORT do not include Mass Tort Intentional Malicious Prosecution Premises Liability (does not include mass tort Slander/Libel/ Defamation CONTRACT do not include Judgments Buyer Plaintiff Debt Collection: Credit Gard Debt Collection: Other Employment Dispute: Discrimination Toxic Tort Implant Toxic Waste Other: CIVIL APPEALS Administrative Agencies Board of Assessment Board of Elections Department of Transportation Statutory Appeal: Other PROFESSIONAL LIABILITY Dental Legal Medical Other Professional: Ejectment Eminent Domain/Condemnation Ground Rent Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial Partition Quiet Title Other: Other: Employment Dispute: Other Zoning Board Other MASS TORT Other Asbestos, Tobacco Toxic Tort “DES REAL PROPERTY MISCELLANEOUS Common Law/Statutory Arbitration Declaratory Judgment Mandamus NonDomestic Relations Restraining Order Quo Warranto Replevin Other: Updated 1/1/2011CIVIL COVER SHEET AND ENTRY OF APPEARANCE DELAWARE COUNTY COURT OF COMMON PLEAS 1. Case Caption Court Term & No. Truist Bank formerly known as BB&T Mortgage (Plaintiff) Mark B. Kennedy and Winifred Wheeler 2a. Plaintiff(s) 2b. Defendant(s) Truist Bank formerly known as BB&T Mortgage Mark B. Kennedy 111 Millport Circle 101 Turnbridge Road Greenville, SC 29607 Haverford, Pennsylvania 19041 Winifred Wheeler 101 Turnbridge Road Haverford, Pennsylvania 19041 3a. Related Cases? Yes 3b. Case Subject to Coordination Order? Yes If yes, show Caption and Date of Order 4, Entry of Appearance To the Office of Judicial Support: Kindly enter my appearance on behalf of Truist Bank formerly known as BB&T Mortgage, (a) plaintiff in this action. Papers may be served at the address sent forth below. Margaret Gairo, Esq., Christine L. Graham, Esq., Esq., Nathalie Paul, Esq., Address: 123 South Broad Street, #1400 Chelsea A. Nixon, Esq. . Attorney for party named above (Please Print) Philadelphia, PA 19109 MG #34419, MMC #87830, CLG #309480, JIF #314675, LMM #320589, CAN Telephone: 2 1 5 790 Fax: 21 5 790 #324130 Mail: Attorney I-D. Number /s/ Chelsea A. Nixon 7/25/2022 Attorney Signature DateChoose only the one description which best reflects the principal type of case or relief sought from the list. Case Description APPEAL Minor Court Money Judgement Landlord and Tenant Code Enforcement Personal Injury Breach of Contract Other Local Agency Civil Service Motor Vehicle Licenses and Inspections Liquor Control Board Tax Assessment Boards Zoning Board Other Proceedings Commenced by Petition Appointment of Arbitrators Change of Name Compel Medical Examination Election Matters Eminent Domain Leave to Issue Subpoena Mental Health Proceedings Other ACTIONS COMMENCED BY WRIT OF SUMMONS OR COMPLAINT Abuse of Process Action for Wrongful Death Class Action Confession of Judgement/Money Confession of Judgement/ Real Property Contract Construction Insurance/Bad Faith Negotiable Instruments Other Intentional Tort Assault and Battery Libel and Slander Defamation Employment/Wrongful Discharge False Imprisonment Fraud Malicious Prosecution Negligence Motor Vehicle Real Property Premises Liability Product Liability Toxic Tort Asbestos DES Implant Toxic Waste Other Professional Malpractice Dental Legal Medical Other Equity Real Property Stockholders Derivative Action Waste Prevention Other Declaratory Judgement Ground Rent Mandamus Real Property Ejectment Quiet Title Mortgage Foreclosure Mechanics Lien Partition Prevent Waste Replevin Saving Action Um/Uim Quo Warranto Other1 . CouRT oF COMMON PLEAS DELAWARE COUNTY THIRTY SECOND JUDICIAL DISTRICT ‘COURTHOUSE NO: Meo1A, Drt.AWARE COUNTY, PENNSYLYANIA 19063. Important Notice Date of Service of this Notice: (to be completed by the Sheriff's Deputy upon Service of Complaint) Under a new Pilot Program sponsored by the Court of Common Pleas of Delaware County, and the Sheriff of Delaware County, you may be eligible to get help with your Mortgage. Call the Save Your Home Hotline at 800 2227 To be eligible for any stay, you must be the owner or an.heir to a deceased owner of the property which is the subject of the Action of Mortgage Foreclosure and you must occupy the property which is the subject of this Action.of Mortgage Foreclosure as your principal residence. You will discuss your mortgage foreclosure with an independent and professional Housing Counselor who will work with you to review your finances and work with your lender to try and resolve the mortgage foreclosure action. The Housing Counselor is available to you AT NO CHARGE. Once you call this number, the Housing Counselor will contact the lender’s attorney and the Court sanctioned thirty (30) day delay of the Action in Mortgage Foreclosure will go into effect, all you have do is call. You can have the Action of Mortgage Foreclosure delayed for up to thirty (30) days so that you can participate in a conference with your Housing Counselor and submit a loan resolution proposal to the lender and their attorney. This may assist you in saving your home from foreclosure. Call the Save Your Home Hotline at 2227 Make this call today to save your home. If you do not call within thirty (30) days from the day this notice has been served on you or a member of your household by the Sheriff, you may not be eligible for this program, but you may have other legal ways to delay the foreclosure action. 100789IF YOU DECIDE TO USE THE SERVICES OF THE HOUSING COUNSELOR MADE AVAILABLE BY THIS PROGRAM, YOU SHOULD NOTE THAT THE SOLE PURPOSE OF THIS PROGRAM IS TO PROVIDE INFORMATION AND ASSISTANCE IN YOUR DESIRE TO MAKE ARRANGEMENTS WITH YOUR LENDER FOR THE MUTUAL RESOLUTION OF YOUR INDEBTEDNESS. THIS IS A PUBLIC SERVICE PROGRAM AND IS NOT IN ANY WAY A PROGRAM TO PROVIDE YOU WITH LEGAL ADVICE OR LEGAL SERVICES OF ANY KIND. NEITHER THE HOUSING OUNSELOR NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE PROGRAM IS PROVIDING OR WILL PROVIDE YOU WITH ANY INFORMATION OR ADVICE CONCERNING ANY LEGAL REMEDIES, LEGAL PROCEDURES, OBJECTIONS OR DEFENSES TO THE CLAIM AGAINST YOU. THE PROGRAM AND ANY PERSON OR ENTITY ASSOCIATED WITH IT DOES NOT AND WILL NOT PROVIDE YOU WITH ANY ATTORNEY OR LEGAL REPRESENTATION OF ANY KIND. 100789NOTICE 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 warmed 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 DONOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION , ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO)HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyers Reference Service Delaware County Bar Association 335 West Front Street Media, Pennsylvania 19063 (610) 566-6625 Kennedy 21-100789 Complaint in Mortgage Foreclosure AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomata medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA AO TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Lawyers Reference Service Delaware County Bar Association 335 West Front Street Media, Pennsylvania 19063 (610) 566-6625 Page 1 of 5McCABE, WEISBERG & CONWAY, LLC MARGARET GAIRO, ESQUIRE - ID # 34419 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 MARISA MYERS COHEN, ESQUIRE - ID # 87830 ANDREW M. LUBIN, ESQUIRE - ID # 54297 CHELSEA A. NIXON, ESQUIRE — ID # 324130 JAMES FRENCH, ESQUIRE — ID # 319597 NATHALIE PAUL, ESQUIRE — ID # 309118 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 Truist Bank formerly known as Branch Banking and Trust Company, 111 Millport Circle Greenville, SC 29607, Plaintiff, Vv. Mark B. Kennedy, 101 Turnbridge Road Haverford, PA 19041, and Winifred Wheeler 101, Turnbridge Road Haverford, PA 19041, Defendants. Attorneys for Plaintiff Delaware County, Court of Common Pleas Number: COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Truist Bank formerly known as Branch Banking and Trust Company, duly organized and doing business at the above-captioned address. 2. The Defendant is Mark B. Kennedy, who is a mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 101 Turnbridge Road, Haverford, PA 19041. Kennedy 21-100789 Complaint in Mortgage Foreclosure Page 2 of 5The Defendant is Winifred Wheeler, who is an owner of the mortgaged property hereinafter described, and his/her last known address is 101 Turnbridge Road, Haverford, PA n February 28, 2007, Mark B. Kennedy and Heath M. Kennedy, made, executed and delivered a Mortgage upon the premises hereinafter described to National Penn Bank which Mortgage is recorded in the Office of the Recorder of Delaware County as Instrument Number 2007029561 (“the Mortgage”), the Mortgage is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). Subsequently thereto, National Penn Bank was acquired by Branch Banking and Trust Companyand became known as Branch Banking and Trust Company Subsequently thereto, Branch Bankingand Trust Company was acquired by Truist Bank, and became known as Truist Bank formerly known as Branch Banking and Trust Company Plaintiff herein. On February 28, 2007, Mark B. Kennedy and Heath M. Kennedy, also executed an Adjustable Rate Note secured by the Mortgage (“the Note”). Plaintiff, directly or through an agent, is in possession of the Note and is the holder of the Note with the right to enforce it; the Note is either made payable to plaintiff or has been duly indorsed On October 29, 2012, Heath M. Kennedy departed this life leaving title vested solely in Mark B. Kennedy by operation of law Winifred The premises subject to the Mortgage is described in the legal description attached as Exhibit “A” and is known as 101 Turnbridge Road, Haverford, PA 19041. Kennedy 21100789 Complaint in Mortgage Foreclosure Page ofhe Mortgage is in default because monthly payments of principal and interest upon the Mortgage due January 7, 2021 and each month thereafter are due and unpaid, and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the Mortgage: Principal Balance Interest through May 31, 2022 (Interest due and owing at a variable rate, currently per diem) GRAND TOTAL plus additional interest and all other amounts authorized under the mortgage and applicable law that are reasonable and have been incurred, including but not limited to costs, eserow advances, and attorney's fees. Pre foreclosure notices were sent at least 33 days prior to the filing of this action. A copy of said notice is attached hereto as Exhibit “B”. WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of $379,353.53, together with interest accruing thereafter; other costs and charges collectible under the Mortgage and applicable law, including all reasonable and actually incurred attorney's fees and costs; and the foreclosure and sale of the mortgaged property. Date: 7/25/2022 McCABE, WEISBERG & CONWAY, LLC py./8/ Chelsea A. Nixon [ ] Margaret Gairo, Esq. [ ] James French, Esq. [ ] Christine L. Graham, Esq. [ ] Marisa Myers Cohen, Esq. [ ] Nathalie Paul, Esq. [ ] Andrew M. Lubin, Esq. [ ] Chelsea A. Nixon, Esq. Attorneys for Plaintiff Kennedy 21100789 Complaint in Mortgage Foreclosure Page ofVERIFICATION Ol and le Gord cc , hereby states that he/she is fA-v/ of Truist Bank formerly known as Branch Banking and Trust Company, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/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 unsworn falsification to authorities. pare: 2frofer LL. ) Leer hance: Name: Cland/, Caen