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Home My WebLink About01-03086 - """ ..". 'I~~-'-j' utl-'l'~""" ,,,-, "-'Y'''''~:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, N.A., Plaintiff, vs. JAMES R. GRAMLEY, Defendant. TO DEFENDANT You are hereby notified to plead to tbe ENCLOSED COMPLAINT WITHIN TWENTY ) DAY R SERVICE HEREOF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 539 South Fourth Aveuue Louisville, KY 40202 AND THE DEFENDANT IS: 748 Erford Road Camp Hill, PA 17011 /i ~L/ 'ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Townshin of East pennsboro (CITY, BORO, TOWNSHIP) (WARD) I!L ;t~ ATTORNEY FOR PLAINTIFF CIVIL DIVISION NO.: 01 - .1C>J1o Qo:lY~ TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: PNC BANK, N.A., COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. I.D. #81953 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 , I , J I , ,. ..:.:.,_ ;_ ,l ~_',"_ _""~_~ "i 0 "'" ; ,~ ""t'.,! . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, NO.: vs, JAMES R GRAMLEY, Defendant. 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 (800)990-9108 ~ I ,I ,_ ~.H -m-'~l~!l;: . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, N.A., Plaintiff, CIVIL DIVISION NO.: 01, J (J PC.. (!.;.;.P fLU"- vs. JAMES R. GRAMLEY, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE PNC Bank, N.A., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is PNC Bank, N.A., which has its principal place of business at 539 South Fourth Avenue, Louisville, Kentucky 40202 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, James R. Gramley is an individual residing in the Commonwealth of Pennsylvania whose last known address is 748 Erford Road, Camp Hill, PA 17011. 3. Oil or about March 29,1996, Defendant executed a Note in favor ofPNC Mortgage Corp, of America in the original principal amount of$64,500.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and make a part hereof. 4. On or about March 29, 1996, as security for payment of the aforesaid Note, Defendant, made, executed and delivered to PNC Mortgage Corp. of America a Mortgage in the original principal amount of$64,500.00 on the premises hereinafter described, said Mortgage being - .1 -- ..i"L , ~ <I L " .',~ _il. ~, _,_ ~_""_" , " ',-~j . . recorded in the Office of the Recorder of Deeds of Cumberland County on April 2, 1996 in Mortgage Book Volume 1311 Page 329. 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. PNC Mortgage Corp. of America assigned all of its right, title and interest in and to the aforesaid Mortgage and Note to Plaintiff pursuant to certain Assignment of Mortgage . 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is 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. Defendant is due for the January, 2001 payment. 8. On or about March 12,2001, Defendant was 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. 9101, et seq. 9. The amount due and owing P1aintiffby Defendant is as follows: Principal Interest through 04/23/01 Late Charges through 04/23/01 Escrow Deficiency through 04/23/01 Attorney's fees Title. Search, Foreclosure and Execution Costs $ 60,241.55 $ 1,452.32 $ 58.80 $ 201.62 $ 800.00 $ 2.500.00 TOTAL $ 65,254.29 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $ 65,25429 with interest thereon at the rate of $10.11 per diem from April 23, 2001, and ~ ~..~ " 'J"I' " 1.- ; .;..1 , ,.: ~""""-<'~ additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P,C. A:P'~ Brian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '" , ~. j~ " EXHIBIT "Au , t,-< .~.-~--- '{m.m ,.,- ,t" ~_.~.~ " ,L I ,<, ~ "= , ,~--" A~~l1i.iI,j~ih~ NOTE LENDER'S # 09-18-66525 MARCH 29 , 1996 malel CAMP HILL [City] PENNSYL VANIA [State) 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011 [P,operty Add,...l 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S, $ 64,500. OD--------------------(this amount is called "pritlcipal"}, plus interest, to the order of the Lender. The Lender is PNC MORTGAGE CORP. OF AMERICA, AN OHIO CORPORATION . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearlY rate of ----------------6. 1250%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B} of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the FIRST day of each month beginning on MAY 1 , 1996 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on APRIL 1, 2026 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 440 NORTH FAIRWAY DRIVE, VERNON HILLS, ILLINOIS 60061 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 391 .91----------------. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal onl)' is known as a "pref'ayment." When I make a prepayment,l will tell the Note Holderin writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, 5. LOAN CHARGES If a law, which' applies to this loan and which sets mallimum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (il) any sums alread)' collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe ,under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a I'Sftlal prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be-----------------5, 0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. {B) Default 1fI do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and or at a different place if required by the Note Holder. MULTISTATE FIXED RATE NOTE..Single Family-Fannie Mae/Freddie Mac Uniform Instrument Pall_ , of 2 VMP MORTGAGE FORMS . 1313)293~S100 .. (BOO)521-7291 ~-5Rllill05~02 XC3S00DAAA .02 PM] CERT~ - 4701667145 PMI COMPANY - GENERAL ELECTRIC (GEl Form 3200 12/83 '";~1~~S~1 ' . .J... ~ , I ~- ... ":f~lM1i , all th..interest that I owe on thatamount. That date must be at least 30 days after the date on which the notice is delivered or , mailed to me. . (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will stilI have the right to do so if! am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above Or at a different address if 1 give the Note Holder a notice of my differentaddress. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TmS NOTE _ If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a l!llarantor, surety or endorser of this Note is also obligated to do these things. Any {'erson who takes over these' obligations. Including the obligations of a guarantor. surety or endorser of this Note, is also oblIgated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note agsinst each person individually or against all of us together. This means that anyone of us mal' be required to pay all oftheamounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the r:ight to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result in do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold Or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESSTHEHAND(S) ANDSEAL(S) OF THE UNDERSIGNED. 12. MES R. GRAMLEY SN: IIPC/-?8- (Seal) (Seal) ~Borrower ...Borrow~r SSN: (Seal) (Seal) -Borrower ..Bo!"rnw~r G -5R19105l.01 XC3800DAAB .02 $ Spp; TO THE O?DER OF: PNC Bank, NA --- "{"'I,' I....r>\~ V:it'i"T~Gtrr R~-:,. ,1._ Vii';;;': F~~:(: ~;":i:':~;;nt} e-';I;~. rA fJTlGTica . '~ ,;:/"~i '" . - 7' .. ,(", /.",...-,J.../../t..:.........._ ~~~._.l_,-_,,~. ' - P.!I" 2 0' '",..:... :,,(......."""'" ".............,,-, Gail E, "i.,.a [Sign Original Only] SSN: Form 3200 12/83 -" ,"':';'~I "' " " "~- -^"",;.-"~,.;;.",~~f,' l'i . -if Ifl ~ RECORD AND RETURN TO: P~C MORTGAGE CORP. OF AMERICA 200~ OXFORD DRIVE 3RD FLOOR BETHEL PARK, PA 15102 <kJ- -:t:" A.I /} 01 311 " r: '. ).t' - f... I. c'y,' . r.:,:~.:~; ? Z!::G:..~~ f>p<:-. l)",oo f:;C!)<<;':'~ (';v. D~~-Dc . - -, ..--....\ I _ _ ,J "")':-'r;: I . ,"., (\O'I"T -. -''''''''..)_. -,..,-' V \..;., Y-r... 2... l' '" .~ CI CO~ 'S6 API~. 2 PPl12 29 Parcel Number: 09-16-1050-200 [Spac. Abov. This Line Fer Recording Datal PREPARED BY: LORI TOTH BETHEL PARK. PA 15102 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on JAMES R. GRAMLEY. UNMARRIED MARCH 29 1996. The mortgagor is ("Borrower"). This Security Instrument is given to PNC MORTGAGE CORP. OF AMERICA , which is organized and existing under the laws of THE STATE OF OHIO , and whose addressis 440 NORTH FAIRWAY ORIVE. VERNON HILLS. ILLINOIS 60061 ("Lender"). Borrower owes Lender the principal sum of SIXTY-FOUR THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS------------------------------------------------------ -----------------------------------------------------------------------------------------------------~------- Dollars (U.S. $64.500.00------------- ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"}, which provides for monthly payments, with the full debt, if not paid earlier, due and payable on APRIL '. 2026 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: which has the address of 74B ERFQRQ ROAO. CAMP HILL Pennsylvania 17011 ("Property Address"); [Zip Code] PENNSYLVANIA-Single F.mily- FNMA/fHlMC UNifORM INSTRUMENT Form 3039 9/90 ~ -6RIPAI {B~ 10} Amended 5/91 VMP M&,RTGAGE FO~M~ . !~0015"'77./'). U ""9& 1 01 f5 X 1&070101010 IP}l..O 31 Initials:' '::"-.../""'( , ,. tStreet, Cit}'), l~m~1 ~111111~1~~llm ml e"Dr.1.311PAGE, .:l29 - 1Iii..~~"- ~ <~'1IIlIiW'~'''''''I:tijiUiliill~I-........-.il'' "......l....-i ~".i.J~ii~I'Illi.;...."",l . , ~. ~ ~~-,!M;~mlAAt<;,' , TOGETHER :VITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the .Property,. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encum brances of record. Borrower warrants and will defend generally the title to the Property against aU claims and demands, subject to any encum brances of record. THIS SECURITY INSTRUMENT com bines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal 01 and interest On the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (al yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Propert),; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property inSllrance premiums; (d) yearly flood insurance premiums, if any; (eJ yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragro,ph 3; in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items.. Lender may, at any time, collect and hold Funds in an amoUnt not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S,C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. . The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Punds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. I! the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender auny time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in sllch case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragro,ph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the, Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property' which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisf.actor~ to Lender subordinating the lien to this Security Instrument. I! Lender determines that any part of the Property IS subject to a lien which may attain priority OVer this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. XC1807DAAB (PAl .063/915 Form 30,j /'J.t Inilials" , I : I I I ~ -6R{PA~ \94'0\ ~ P.gll 2 of 6 "J~W~?1trAGE, 330 I:;; I i I \ j ~ ~ !l \{ 1 - -, '_~l,'fl<;l~"""iilb""h->""~ ,..~..."".~j:iIIlIIIillllllillllllll ...-;".....i_hli',L........;- . -- . ~ 'L~i...~_.J~ . .. ~ "" 1l1~_""_~""" . . . . , 5, Hazard or Property Insurance. Borrower shall keep the improvements nOW existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards incl udiilg floods or flooding, for which Lender reqwres insurance. This insurance shall be maintained in the amoun~ and for the periods that Lender requires. The insurance carrier providing the insurance shan be chosen by Borrower subject to Lendtlr's approval which shall not be unreasonably withheld. If Bortower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, ifthe restoration or repair is economically feasible and Lender's security is not lessened. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the SUms secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 3(hlay period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application: Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty da~'s alter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after tbe date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument Or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is On a leasehold, Borrower shall comply with all the provisions of tbe lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and ~greements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become ~dditionaJ debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to otber terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one'"twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a Joss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be reqlllred, G-6R(PA) 19.d10l . Pag<l301 EO form 303~ U90 tnjtillls~/ / ' . f I xc 160 70.v.C. (1)1\) .06 3/95c e~Dd311 PAGE 331 ---- iii_>l_;I~;~llIIilllilll1l"lIi;cll,!lllihJijj;L{I;lliillnliih~__""""'*--'..J...J... ..L --I ~U~"".... '1' ~"-"""..... - ..:.~; .~I,r~,,*_~_i . . at t"he option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Len~ again becomes available. and is obtained. Borrower shall pay the premiums required to maintain mortgage insuranqe in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award Or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, Or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the. Property, the proceeds shall be applied to the sums secured by this Security . Instrument, whether or not then due, with any: excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the ProPe1tY immediately before the taking is equal to or greater than the amount of the sums secured by this Security InstrumCI\t immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Sec~tyJnstrument shall be reduced by tbe amount of the proceeds multiplied by the following fraction: (a) the total amol/nt of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediatt1ly before the taking. Any balance shall be paid to Borrower, In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unl~ Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums 'are then due. . If the Property is abandoned by Botrower, or if, after notice by Lender to Borrower that the condemnor offers to , make an award or settle a claim for daq,ag..s, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to CQlIect and apply the proceeds, at its option, either to restoration or repair of the Property or to the SUIl:ls secured by this Security Instro.ment, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. II. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sl1rtis secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to' commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify a\llortization of the sums secured by this Sec~ty Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver pf or. preclude the exercise of any right or remedy. 12. Successors and Assigns Bouad; 1oint.and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall billd arjd benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's coven&nts and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not e~ecute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, fOrbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or bymalcing a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment willhout any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, 15. Governing Law; Severability. This Security Instrument shall. be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such C9nflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. Q-6R(PAlI941101 . Pagll4 o-f 6 Form 308, J?j '"'''a'';f I' XC18070AAO (PAl .06 3/95 e~uk1311 PAGE 332 i;i j -.... "" ," :IolI;._~oCIMiIII~~I~W;iIillIlll~IlIIJW.illilfjl~~...t~~~~~~iIl~~~~~~~I" ~~~~,*"O! .' .,16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument, 17. Transfer of the Property or a Beneficial Interest in Borrower. If an or any part of the Property or any interest in it is sold or transferred (or if a beneficia! interest in Borrower is sold or transferred alid Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is deHveredor mailed within which Borrower must pay an sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sUmS which then would be due under this Security Instrument and. the Note as if no acceleration had occurred: (b) cures any default of any other covenants or agreements; (c) pays all expenseS incurred in enforcing this Security lnstrument,including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the Hen of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fUlly effective as if no acceleration had occurred. However, this right to reinstate shall notapply,in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note {together with this Security lnstrumentl may be sold one or mote times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthlY1l8yments due under the Note and this Security Instrument There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If th~ is a change of the Loan Servicer, Borrower will be given written notice of the chang~ in accordance with paragr.ph 14 above and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Haz.rdous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shan promptly give Lender written notice cif any investigation, claim, demand, lawsuit or other .ction by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting .the Property is necess'f)', Borrower shall promptly take an necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "H.zardous Substances" are those substllnces defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of thei jurisdiction where the Property is located that relate to health, safety or environmental protection, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph.\7 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) tbat failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lend\lr shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and fore.closure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided.in this paragraph 2[, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted byapp1icablelaw. ' 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the est.te conveyed shan terminate and become void. After such occurrence, Lender shan discharge and satisfy this Security Instrument without charge to Borrower, Borrower shan pay any recordation costs. XC1807DAAe IPAl.015 3/95 G-6R(PAI19410) . Pt;9" 5 of e e0od311PAGE 333 Form 3D3~ 9/90, :) f?J" Initjels:~/ I r ... - -. L ~J_~ "-M".i!l.1~l,~~:t . : ~ .' .23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in procP.edings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for s''''y of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. . 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrumentsha11 be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the 'covenants and agreements of this Security Instrument as if the rider(s) were 8 part of this Security Instrument. [Check applicable box(es)J 8 Adjustable Rate Rider ~ Condominium Rider D 1'4 Family Rider G.' radua. ted Payment Rider Planned Unit Development Rider D Biweekly Payment Rider Balloon Rider Rate Improvement Rider D Second Home Rider D V.A. Rider Other(s) [specify] . BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in an r er(s) executed by Borrower and recorded with it. ' Witnesses: r 1) f ~ ~ f-. ~ U J ES R. GRAMLEY , t; l , ' (Seal) -Borrower (Seal) / / -Borrower (Seal) (Seal) -Borrower -B(lrrl)wtlr Certificate of Residence ,..t.... 1 tll, " "I' '" I . , 'f r,-\.. ,,~n...... --," J ~.. . address of the within-named Mortgagee is 2000 OXFORD DRIVE, , do hereby certify that the correct 3RD FLOOR. BETHEL PARK. PA 15102 Witness my hand this ~:l}ik.. day of ")1 lC;\ ," t- -iI'" - Cumberland , I cl'1l; /JU>Mri. ~. Agent of Mortgagde COMMONWEALTH OF PENNSYLVANIA, County ,ss: On this, the 29th officer, personally appeared James R. Gramley day of March 1996 , before me, the undersigned known to me (or satisfactoril ' the person whose name is subscribed to the within instrD ent and acknowledged executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: XC' B070AAF {PAl .06 3/95 G -6R(PAl 194101 Pa!l~ 6 "I 6 . , 'Iffi^PIIIL EJl.L ~ t>....f......,~"~ ; i:os<:.hi. Notary Public . .. .- ..11"''''\>'1'' Dallphin County For , .' ",0' ' '1 '997 i " .: -~".d5S'~r: Ex?\res Au. . e~od311 PAGE .334 <lIlliIUI' I...;; 1"",_- ~ldjlll~,! .' ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows:' BEGINNING at a point on the westerly line of Erford Road (East) which point is 444.25 feet north of the northwesterly corner of Erford Road (East) and Dulles Drive (East) and at dividing line between Lots Nos. 13 and 13X, Block "J", on the hereinafter mentioned Plan of Lots; thence along said dividing line South 53 degrees 00 minutes West 110 feet to a point; thence along the easterly line of Lot No. 21, Block "J" on said Plan North 37 degrees 00 minutes West 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "J" on said Plan; thence along said dividing line North 53 degrees 00 minutes East 110 feet to a point on the westerly line of Erford Road ,(East) aforesaid; thence along same South 33 degrees 00 minutes East 37.50 feet to a point the place of BEGINNING. BEING Lot No. 13X, Blcok "J" in Plan No. 7 Ridley park,' which Plan is recorded in Cumberland County Plan Book 15, page 56. ~~--. .~~~- .' ::b,"'" 0<:<;. ~.. --...r., ... C'-'.,'4:~ _"'":"!1"d~jt;>U~E.' :.':'.!'~.l..f1.:~" .;.\".,~"'~ ~. ,41:'tM. I.' ,~, :..-J1l'i....~-~ '.,,,,, .' u_,. ,. "P"""A,..,..,.:-,..t:..",~ " ~'~""'?"flr..j,l~...:lI.";>>!"~~' ". "("j .~/~~';"',...~,. '''~~'''''''' '.:~'~'--- ....;(.'i; m~g~i~.~~.'"i(~,,:';'7:. ~ ..~ '!!;:i"'~~:":;"-T.,<!-n:".._ ~~~~'4?~- 1~~!;'~-;' :'-~~.' '.;i'tt':;.::',\.--:-~r f,~~'-;.;",: e. . '!''''~t~~,~I!:''"'':,', ';O't~:);;~.\, ,.;,..;;.'};.~.~~~....... '...' t~ -!'~''''l''~'''!.''''~~' ::{'J"f;I~;L,.i.1- ...- ~:.,.,..... .. I~~~!V"''''' i!LrCI:;.~<. ,~.. . ''''.- ,'>' ~~~~~~~; ~\.~-;.(.;.:. -. "~':~U'" .... ~.~~ ;";.;'il<S: ( .;. 5S (1'\'1'1 ~;~;: !..';-:c,'c.:j:"~g of D~:::--:'. ISH . . ,-~ \. ". .. _~'~n 3'51. ....,.. ..'LJ C- ; a,~ Jj't _-.7-,,'Q ,",--" .-.~~ - .-" ...-.." _/----~ .. ~'/..6?' 0' t'"/- :> -<:0:" . - ; 4..... "-" // e2~r.1311fAGf. 3J5 _ ,_ 1',_,,~ ". I >>-k.d~, ~- ,-' ,_'._f,,~' -. .'_~;;_'.c,;,-i" ~"' '-'''1ilL',: VERIFICATION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. 4~~i:~ 2nd VICE PRESIDENT ~<", ~~~ 'jiM"'"","'''' ~1l&\!~~~.!lSlflh~,W,",,"~-'!M~j,~j,J~&W~~,,'H~~." ~. yo 4"""~,"._",,..,. ,,",,,,,,^_, _ "~_._~ ,~, ",_~ , I""",,,,,, ,,''''~''' "',<"~, ., '" ~,', ~~"",,,,_,,"""_",,_" p_~. LBJljIllf ~ t::J (J <:: iQ tr;.~~~ '- ~ ~ & a .........0 . ...... .... ::c) ~ t r ~ ) . ~. ~_ ,.. >,_. "_,\O~,, . ""',, ~_ _,,," ,_~" ~~^ ~, ,,' .-,.,. ~"" ~,~.., ""~ n ~; ..'c6~ ;:T;r-: ' L~_. Z ~) r:' ~~~ ::~ - C_) ~,^~, -', -,- ._.r:" C) ._c,Q '~ ....,':. >.J , , ~'o I,,} ,-":\ ~"j f0 :9 ~ - 11 ... . , ., . . . , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PNC Bank. N.A.. 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 conceming the real property of James R. Gramley located at 748 Erford Road. Camn Hill. Pennsv1vania. 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL EST ATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL #09-16-1050-200 1. The name and address of the owner or reputed owner; James R. Gramley 748 Erford Road Camp Hill, PA 17011 2. The name and address of the defendant in the judgment: James R. Gramley 748 Erford Road Camp Hill, PA 17011 ,.,', ',jid~'." "-, , " ", " "~ '", ~ '. '-, ;~~1 , , 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, N.A. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: PNC Bank, N.A. PLAINTIFF American General Finance, Inc. 3120 Parkview Lane, Suite 101 Harrisburg, P A 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, P A 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6, The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE ,~ J -,- "~- ,-' ,", _tJll!!~': , . I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P,C. By:J~ Kristme M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ day of ~rb)'{'(\C)'PA)2001. ~\)\{"'(!'l,>f\~ ,~~ Notary Public Notarial Seal Patricia A. Townsend, Notary Public Pittsburgh. Allegheny County My Commission Expires June 2, 2003- Member, Pennsylvania AssociatIOn of Notaries -,," ,,",...., - ,~~~ .-" < '-,...;"". -J-.. , -~"' "'ii- . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 748 Erford Road, Camp Hill, Pennsylvania, 17011, is Defendant, James R. Gramley, who resides at 748 Erford Road, Camp Hill, Pennsylvania, 17011, to the best of her information, knowledge and belief. ~ . -,," SWORN TO AND SUBSCRIBED BEFORE ME TillS ~DA Y OF ~rtol'mCJ Qi\) . 2001. (Y-Q,(( \f'~\C'i'-> f\~ 1)l\['()I~ Notary Public Notarial Seal . Patricia A. Townsend, Notary Public Pittsburgh. Ailegheny County My Commission Expires June 2. 2003 Member, Pennsylvama ASSOCiation of Notaries ,.1 d ~. ^. J~ - :11'~f!l;jj,jlj,F':' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974,41 P.S.lOl. ET. SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on March 12,2001, Defendant was mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983, and Act 6 Notices ofIntention to Foreclose by certified mail, return receipt requested, and first class U.S. Mail. ~~ SWORN TO AND SUBSCRIBED BEFORE ME THIS~DAYOF _<::o~rnD'PflJ2001. Cld,1j IC" ~ 000Cb G\R \CD~ Notary Public Notarial Seal Patricia A. Townsend, Notary Public Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association of Notaries ~WJjldig<l;i};:!(tt","jEi\JIini:i/;;;;\i'Mik'ti:"dMi""('t~M~''i:'' ,,-,,',,-"!_,:;,"i:,~c;'__";"in"~,h,-,',)<4.!i!#&llJJ!liljl!l' ~''"HlIIiillUllilii.lilhil~~_~1ifJlII ,,,,,~,",,.,'-~~_'I",~,," __' ~_ .,' ~~_ ~ , ~ "~___,,, ~~_" >_, ""'_''>''-0;" .._~ '~,',-, ,_~, '."" " ,,^, '""- ','~. ' _ ,_0' J"" ", " , , "~ ^' -- ~-,~,",~ ' n c s: ""Un} rnr:--, Z:x: ~~t; ~\:-=J Pc Z " -0 :<>c ~ - o t/) '" -u o -n ---! :-hFd -=,~9 ~~~ 0'''''' '.--i ? :D -< :;0. ::J::: Cf? ~:n f-:> . ~.. ,,~, ~~~IiDt; SHERIFF'S RETURN - REGULAR CASE NO: 2001-03086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS GRAMLEY JAMES R SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAMLEY JAMES R the DEFENDANT , at 1910:00 HOURS, on the 6th day of December, 2001 at 748 ERFORD ROAD CAMP HILL, PA 17011 by handing to POSTED PROPERTY AT 748 ERFORD ROAD CAMP HILL 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 Posting Surcharge 18.00 9.75 6.00 10.00 .00 43.75 S;i2~~~ R. Thomas Kline 12/10/2001 GRENEN & BIRSIC , Sworn and Subscribed to before By: me this ..., 1:1 - day of A{).~,,^. k. .;Lt;-o/ A.D. qf'~fl.~ W othonotary' 'I, I "-'";:" - 1..._,-. : ~'''1II:~'i~ NOV 1 6 20011Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term vs, JAMES R. GRAMLEY, Defendant. AND NOW, to wit, this ORDER OF COURT. f 7'Vday Of_~~ --. ,2001, upon consideration of the within Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby allowed to serve Defendant, James R. Gramley, with a true and correct copy of Plaintiff' s Notice of Sheriff's Sale by posting the property at 748 Erford Road, Camp Hill, PA 17011, and Plaintiff is permitted to serve the Defendant, by mailing a true and correct copy of the Notice of Sheriff's Sale by first class mail, postage pre-paid addressed to James R. Gramley at 748 Erford Road, Camp Hill, PA 17011. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff of Cumberland by the Plaintiff. J. / ~ J" il - ,-- -,.- ._"= 'I ""-~ "" ^"o ,..~ ~~~, ~- ",,~,-, ~--,~.""'''''''-,~-"'~- r-~~ .~~,"-~.,=-..~,. -,^ ..~.~~"=o (.:it riLH) "," C)i:nCE ,:Cti",!lTI/\RY " '" \ .... ]ct .... 01 NOV20 Ph 3: I~ ] J CU"p;:r.... b.~D COUNTY pJh....-._ tlJ'\ PENNSYLVt\NIA ,~~ ~ .. ~"*~.~fIlI_!IlI_ l!'lIl~j!J'll,~l!!';c;jf.'ii;""",,!?:"l-~f''''#$J!'J;f'Ri!}':;;'';;'''FR',,J'''lf~'I'~Wf);f(~~-'~!""-'''*"''l~I$~~:~~~ ,. t '"'"" l _~ ',_oj- I .~,"",',,- ,~' ~ <'," "' ",.~', "~i!1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No. :2001-03086 Civil Term ISSUE NUMBER: vs. Defendants. TYPE OF PLEADING: MOTION FOR SERVICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT AND ORDER OF COURT JAMES R. GRAMLEY, CODE - FILED ON BEHALF OF PLAINTIFF: PNC Bank, N.A. 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 "." . ~ ' .u~" ~-"""-,,,-, ,- "'''"~J!' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, PNC Bank, N.A., by and through its attorneys, GRENEN & BIRSIC, P.C., and files the Motion for Service of Notice of Sheriff's Sale Pursuant to Special Order of Court under Pennsylvania Rule of civil Procedure 430 as follows: 1. On or about May 21, 2001, Plaintiff filed a Civil Action - Complaint in Mortgage Foreclosure against the Defendant at the above - captioned number and term. 2. On or about May 21, 2001, Plaintiff delivered to the Sheriff of cumberland County a true and correct copy of the Civil Action - Complaint in Mortgage Foreclosure filed by the Plaintiff at the above - captioned number and term along with direction cards requesting that Defendant, James R. Gramley, be served a copy of the Civil Action - Complaint in Mortgage Foreclosure at his last known address being 748 Erford Road, Camp Hill, PA 17011. ~, I . ~~. -'- '--- -L_~ " -'KL~:\) 3. On or about June 3, 2001, Plaintiff received Notice from the Sheriff of Cumberland County; said Notice indicated that on May 30, 2001, Defendant, James R. Gramley, was served with a true and correct copy of the Civil Action - Complaint in Mortgage Foreclosure at his last known address being 748 Erford Road, Camp Hill, PA 17011. A true and correct copy of the Affidavit of Service from the Sheriff of Cumberland County is marked Exhibit "A", attached hereto, and made a part hereof. 4. On or about July 20, 2001, Plaintiff entered Default Judgment against the Defendant in this action in the amount of $66,167.24 and for foreclosure and sale of the mortgaged premises. 5. On or about September 1, 2001, Plaintiff filed with the prothonotary a Praecipe for Writ of Execution on the judgment in this action. 6. In accordance with Pa. Rule of Civil Procedure 3129, Plaintiff mailed a true and correct copy of Plaintiff's Notice of Sheriff' Sale, by certified mail, return receipt requested, restricted delivery to the Defendant at his last known address being 748 Erford Rod, Camp Hill, PA 17011. 7. On or about September 9, 2001, the Notice of Sheriff's Sale was returned to Plaintiff. Said return indicated that Defendant, James R. Gramley, could not be found at the given address. A true and correct copy of the returned envelope is marked Exhibit "B", attached hereto, and made a part hereof. " . , ~ '" -, _ C-"_ . ,'" 8. On or about November 1, 2001, Plaintiff received notice from the Sheriff of Cumberland County. Said notice indicated that an attempt was made to serve Defendant, James R. Gramley, with Notice of Sheriff's Sale at his last known address being 748 Erford Road, Camp Hill, PA 17011; however, the Defendant no longer resides at the given address. Additionally, said notice indicated that the Defendant resides at an unknown address in the state of New York. A true and correct copy of the Affidavit of Service from the Sheriff of Cumberland County is marked Exhibit "C", attached hereto and made a part hereof. 9. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service of the Notice of Sheriff's Sale cannot be made, is marked Exhibit "D", attached hereto and made a part hereof. ~ ~.. _~ d "', ;.,.,,--,.,~, ,--, J~-"--~'liIl~?k~i WHEREFORE, Plaintiff respectfully requests that this Honorable Court allow the Sheriff of Cumberland County to post a copy of the Notice of Sheriff's Sale on the property at 748 Erford Road, Camp Hill, PA 17011, and permit the Plaintiff to serve Defendant, James R. Gramley, by mailing a true and correct copy of the Notice of Sheriff's Sale by first class mail, postage pre-paid addressed to James R. Gramley at 748 Erford Road, Camp Hill, PA 17011. Service of the Notice of Sheriff's Sale shall be deemed complete and valid upon posting by the Sheriff of Cumberland County and mailing by the Plaintiff. GRENEN & BIRSIC, P.C. 11//(0/ J I BY: Kris in M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7560 b.ti.l::!;.Kl..l:'".t'" '~ .t{.I::!;TU.Kl\J. ~ .t(l::!:GU.l.J.A..; '. """~"""I ., < ~" 'h;""'o,"" --,~ '.' " '.', -, '"-,' ;i.il;j~i" . CASE, NO: 2001- 03086_, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS GRAMLEY JAMES R GERALD. WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAMLEY JAMES R the DEFENDANT at 1925:00 HOURS, on the 30th day of May , 2001 at 748 ERFORD ROAD CAMP HILL, PA 17011 by handing to JAMES R GRAMLEY 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 So Answers: 18.00 9.30 .00 10.00 .00 37.30 ~~~ R. Thomas Kline "'1 05/31/2001 GRENEN & BIRSIC Sworn and Subscribed to before By: 4fA-U I~~ Deputy Sh iff me this day of A.D. Prothonotary \ h' _.:. , '0.-10.-1 i ~;';; :i':i '(IJ 1:/1 ,,~ \~-.j ~ ~ ~ ~ t:- 2- :iJ (, ~ Q ,~ ~~} o C).D<::: "',, -'--,.'c. JM~i ::::: :;!!OQ .-::> '"" urQ)(lI CJ'c)~ c:: ",,::> ,a- OO"~ Qe . ... ~ "'tI~ ..c.. :p_t-l .... ",.-- (J'IC'D.P N!:-O ~:t P :z - ::> CI) ~ l::'4 a a a ru -,J '" ...lI ru ru '" t.n a , ;;c~ 0000 C. oZZ:"- o-lZ ' =~(f.Irri~ ....----- I!rnga:"TI ' ~ mt::c~::!! ", ...<zm!:! ..... c;c:Qm " O-n>B.~ =a:rc \ ~~;-I_~ C\) :i:> _=a "'0 :D(f.I~Q:a \ o".,,:=elJl -.:, , :;:20 ~ ~ ~..... ~.1 ~ I!l ~ - m r=. c, S- a ~\-... \ !lj\ ~ ,o'~. en C) )> , 1'. _., ,-,.'__l ~!isf PNC Bank, N.A. VS James R. Gramley In The Court of Common Pleas of Cmnberland County, Pennsylvania Writ No. 2001-3086 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: James R. Gramley, but was unable to locate him in his bailiwick. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 25,2001 he was at the property of James R. Gramley, located at 748 Erford Road, Camp Hill, Pennsylvania. Deputy Gossert spoke to a neighbor that advised him defendant is not residing at within address, but that defendant is residing at an unknown address in New York. A check with the Camp Hill Post Office revealed the Post Office is holding defendant's mail, and that it has not been received by defendant. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2001 at 5:50 P.M., E.D.ST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James R. Gramley, located at 748 Erford Road, Camp Hill, Pennsylvania, according to law. This day of ~~~~~ R. Thomas Kline, Sheriff Sworn and subscribed to before me Prothonotary BY~~ SWlA-lh . .. Reill Est e Deputy 2001, A.D. , ~~_. _ - C,' -, --.-.,;_~ ''.- hb\iJ~j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) ) ) SS COMMONWEALTH OF PENNSYLVANIA Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kristine M. Faust, Esquire, of GRENEN & BIRSIC, P.C, attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant, James R. Gramley, named in the above-captioned matter: a. On or about October 31, 2001, Plaintiff mailed to the United States Postmaster at Camp Hill, PA 17011, a request to be furnished with a forwarding address of Defendant, James R. Gramley. . . ~ , h . ~" 1.1 --~ -'L-it h...l"'iji'.:~ b. On or about November 9, 2001, Plaintiff received a response from the United States Postmaster; said response indicated that Defendant, James R. Gramley, moved and left no forwarding address. A true and correct copy of said response is marked as Attachment nAn, attached hereto and made a part hereof. c. Examinations were made of the Cumberland County Tax Assessment Office; said examinations indicated that Defendant, James R. Gramley, resides at 748 Erford Road, Camp Hill, PA 17011. d. Examinations were made of the Cumberland County Voter's Registration Office; said examinations indicated that Defendant, James R. Gramley, resides at 748 Erford Road, Camp Hill, PA 17011. e. Examinations were made of the Cumberland County phone directory; said examinations indicated no listings for Defendant, James R. Gramley. f. Examinations were made on a nationwide computer search available through Lexus Legal Research; said examinations indicated that Defendant, James R. Gramley, resides at 748 Erford Road, Camp Hill, PA 17011. A true and correct copy of said search is marked Attachment "B", attached hereto and made a part hereof. , ~ ,_ dl "" I '~" ' ',-K 'azl Finally, affiant deposes and says that after the foregoing investigation, the Plaintiff believes the whereabouts of Defendant, James R. Gramley, are unknown to Plaintiff. GRENEN & BI ,- '---- BY: Kri lne M. Faust, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and SUbsc:rib~d before I me this~day o~ ,2001. ~'fl! / . Notary Public w~ Notarial S~tary Public J nne M Wehner, County CiWa of P!ttSbUrgh'p~~~g~~~x 19. 2005 My CommIssion Ex , , p,ssociauonofNotaneS Mem!:ler, pennsylvallla ..- ,. - ~ Date J.O/3VOJ. Postmaster Camp Hill, PA 17011 City, State, ZIP Code Request for Change of Address or Boxholder Infor.mation Needed for Service of Legal Process Pleaselfurnish the new address or the name and street address (if a box holder) for tfie to Iawlng: Name: James R. Gramlev Address: 748 Eriord 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 box holder 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(dJ (l) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Leqal Assistant 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: PNC Bank. N.A.. vs. James R. Gramlev 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: 2001-03086 Civil ~ 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 BOXHOLDE~ INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C SECTION 1001) . I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prosp~ctive litigation. ~AAJhV~, / Slgnature '\....._ _ Gerald L. Potter. Jr. Printed Name GRENEN & BIRSIC, P.C. One Gateway Center, Nine West pittsburgh, PA 15222 FOR POST OFFICE USE ONLY No change of address order on file. NEW ADDRESS or BOX HOLD~R'S POSTMARK Not known at address given. ~ Moved, left no forwarding address _____ No such address. NAME and STREET ADDRESS ,.',~ "'j 'f..i-l'MM;(', " , . 1< . . ~ ~ I 1ST DOCUMENT of Levell printed in FULL format. * * * THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY * * * PERSON LOCATOR: P-SEEK Name: GRAMLEY, JAMES R Spouse First Name/Initial: M Consumer Name Last Updated: 11/29/2000 Current Address: 748 ERFORD RD, CAMP HILL, PA 17011-1125 Previous Addresses: 207 FEDERAL AVE WILLIAMS PORT , PA 17701-4213 Address Type: SINGLE FAMILY Address Created: 7/20/1998 Address Updated: 11/29/2000 748 ERFORD RD CAMP HILL, PA 17011-1125 Address Type: SINGLE FAMILY Address Created: 5/2/1996 Address Updated: 2/10/2000 Current Address Type: SINGLE FAMILY Current Address Created: 6/1/1999 Current Address Updated: 5/4/2001 Birthyear: 196:l- Gender: MALE Telephone Number: 717-728-9844 On File Since: 11/9/1990 Date Vendor Record Last Updated: 5/4/2001 , ~" , , kltL~> Page 3 ~~ili:li~J~4i!1~,J~'>d'"1;i~,'i"',<~,,,'-irh,"'~z-Bl'r;:;"j_<,-;;I;i,w~ih'L-.-~.hi'/.""k,;,t,,,~,j,~,_;,Jd:;:'!tq ",~.",","""'iM:,,""Af.~g!!i__dt~~!llI<$-!;;.j<",~~F~~~iililllli~ ,.=''''' , "._, I ""__.~"_,".,"""'" .. "'.r' ~,.", "".."'~_~ " ,"c"'-'''''''''''.'..''"'. ~m.. ..,,__", I,. '"'m" <~... _._"" C) rpf:~ ~;;:-'_.' ~, (fJ)> -<.<~ !<t] ~O 5:2 ~- z =< H ~__ .m'. 'm "- -'11 " :1 " :1 :1 !I C) o '1 ~ a .:;:.:= ---I n~JJ --, ~,.., ~i)d ~it ~~3 (~)~?: -., 55 -< <.J1 -u :'j( '" U1 -../ ![ '" '-'. T"h "!lU.'.~;i! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A. , CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court and Order of this f~~ay of November, 2001, Court was mailed to the following on by first class, U.S. Mail, postage pre-paid: James R. Gramley 748 Erford Road Camp Hill, PA 17011 GRENEN & BIRSIC, P.C. BY: Je~:CJi~ Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 ,~~""::',,,,'f!~"",,,,;d&!lI!t,",;;;,b';;;;,.w;.-,,-~ml',;,l1':;l,,,,,-,,o;,_,~- ";,t;d"\.-,,,I,,j""""~''-'~'"'''~;_',o,f,,,,,,,,..'';V,,bj,,",1f',,_l<IlO~e-&w;,!lloL~~~....~ l!!l1 ~,-, k;-o ~ ,","0>'.0'",<",." ,f' <_,~~ ~""'~'''~'''~'''_'''''"h,f;~t_-,_ ~_"t, -,- v'_", "'__,,' .' """ ",).. ..",.~ ,",,~,4"'A'''"'''' >''''', ,-? .,",. ,-,?\,,~, ,,", _,. _c" _ ~, __o.,,~, ~" ,r_, ~- -, I: (") 0 0 ~~ -n =-~ --~~ ~rD c."J hi ~IJ rnn": '- 2 "'\-t -/ .-'-' '-;g r:, 4_ 0 (tJ ,:::~: (..n --< L,_ () J-, rn,l""'" ":c"- <....,; -co ~J; _,;_~ ~O -...... ?~;~ -'~ ..-:'.~t) r:? )>c':: V -l -:;;... W'1 5J ~ ....J -< "-',- :;; , ---~-, "t:lli..lllillo.il'"" ~,= .~_J . ".J. ~ _ . ~'-'-' ti~i~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: PNC BANK, N.A. ( ( Confessed Judgment Other vs. File No. 2001-03086 Civil Term Amount Due $66,167.24 Interest $1.645.45 (from 7/4/01) Atty's Comm Costs JAMES R. GRAMLEY TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, iUs based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and,for real property pursuant to Act 6 of 1974 as amended. . Issue writ of execution in the above matter to the Sh~riff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) SEE ATTACHED DESCRIPTION County, PRAECIPI;FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 09/05/01 Signature: Print Name: Address: /ec4{~ Attorney for: Telephone: Supreme Court 10 No.: Kristine M. Faust Grenen & Birsic, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 PNC BANK, N.A. 412-281-7650 79991 )~!1&iihili~1i'~1f_jil~I:;iii>)jiM,j<%.\;j,t\!!!ii,&:"",jtM<<-m~M&>!"',,~'&'u~',~.~;ij';;:i,~~.;.;c'U,M;'- "-~"h;,-lV0;i."')<i!""fM;...d.t~~ltiMtmWlliiiiW..,*~,~~~llli;;~i<IIll!'~ ~ ~Il!l --""~1i ~ (0 1- ."" ~ c.... f<;\ ~ ~ tl a ;-.. ~ 0 w 0 (') 0 0 6"- C c 'n lAJ ..... 0 0 s:: U) .c: ""OeD r'1 '? l- I ~m -0 " C> fj) :!.",' ,-- -.~ "'- ~r z:s; :h:'..J ~:: .L '._-:~- (~) r:o ~ ~~ "' "' ~ ~o - "' ~. >2 C? ;."-=::;r\1 '-' .~ ~ ':J1 ::::! :n .... -< -, '-.. '""" .""'.-''',~' , -, . ""__"__.,~l.",>,, ~,. ,"'_'" '. "" ,,~ C,' ,< T"M. _,"," '"___" .''''''';c', "_~ ,<_.'_<, ,," ,_ ," _..l ".", '^_"_" ,,"_" -~ - ~, - it . ~ I ',~- .liilil\i:il@t.R' SHERIFF'S RETURN - REGULAR CASE NO: 2001-03086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS GRAMLEY JAMES R GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAMLEY JAMES R the DEFENDANT , at 1925:00 HOURS, on the 30th day of May , 2001 at 748 ERFORD ROAD CAMP HILL, PA 17011 by handing to JAMES R GRAMLEY 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 So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~~~ R. Thomas Kline 05/31/2001 GRENEN & BIRSIC Sworn and Subscribed to before By: -4g~ l~~~ Deputy Sh iff me this :L (.!!:? day of (1.. l1~ :l-6tJ/ A.D. ~1 ~ a ~'!f71 /I 'trothonotar'y ;:,. --,;-_' c::r ''''"'b,,,_~/'''J< ~'_" _"", "" _"",."?_."",,,~",,,,,(,,,,J~_, ',^"-,'~'-, "'~"''''''' _\' , -.',"""";ik~.;"".,,';;;"'~,",,"';j}f~~lIl:ll!'~~lii~~"!i:!"'Jl!"lll~~_~~'"-~lii,W","~i\4lit;~!_ _,_".'<,/0 ,,'''l.-,," 'CO., -l-_~ """ -'_'"~ ,~ t, , _ ^~ ".,. ,.~ "__, -"1. -~-~ 11 " Ii j 'i " -,_' ~_~, "",~"'" __"""'~~"_e '" ~ ,-" , I. .. , ~- -- .,' - ~-"~ ^ , ,i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JAMES R. GRAMLEY 748 ERFORD ROAD CAMP HILL, P A 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, 2ND FLOOR ONE COURTHOUSE SQUARE CARLISLE, P A 17013 on December 5, 2001, at 10:00 A.M., the following described real estate, of which James R. Gramlev is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL #09-16-1050-200. ~ -"" I.,~ ~, ,"". . -'---." bm1..~j; , , t ~ The said Writ of Execution has been issued on ajudgment in the mortgage foreclosure action of PNC BANK, N.A., Plaintiff, vs. JAMES R. GRAMLEY, Defendant. at Execution Number 2001-03086 Civil Term in the amount of$67,812.69. 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 Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 (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. , . """J . . ~ ~'-A " I . You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution 'and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS [lgED 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 t5i~,-tRn3UTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: v~u uN:!-jtUA-L---- Kristine M. Faust, Esquire Attorney for Plaintiff ~, i '" ,-I _dO. . _.~' ""' --~:i~j_' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION PNC BANK, N.A. Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line ofErford Road (East) which point is 444.25 feet north of the northwesterly comer ofErford Road (East) and Dulles Drive (East) and at dividing line between Lots Nos. 13 and 13X, Block "J", on the hereinafter mentioned Plan of Lots; thence along said_dividing)inel'lQ\lth_53 degr~e.~ 00 mllJ\ltl<~W~t UQJeetto a poilJt;tl1(l!1y~.alQngthe easterly ____.".n~ line of Lot No. 21, Block "J" on said Plan North 37 degrees 00 minutes West 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "J" on said Plan; thence along said dividing line North 53 degrees 00 minutes East 110 feet to a point on the westerly line ofErford Road (East) aforesaid; thence along same South 37 degrees 00 minutes East 37.50 feet to a point the place of BEGINNING. .. SUBJECT to all exceptions, restrict!ol1S;'easernents, rights ofway:and oil and gas leases as set forth in prior instruments of records. BEING the same premises which John H. Greene and Marcia M. Greene, by Deed Dated March 29,1996, and recorded in the Office of the Recorder of Deeds of Cumberland County on Apri12, 1996, in Deed Book Volume 136, Page 1 I 3 8, granted and conveyed unto James R. Gramley, the Mortgagor herein. .,- ,.__d " . __I. ~~L, ,:;, I~ , -,- - - -"<;";";"';'1:~ " , , I BEING Lot No. 13X, Block "J" in Plan No.7 Ridley Park, which Plan is recorded in Cmnberland County Plan Book 15, Page 56. GRENEN & BIRSIC, P.C. By:r/JuYU,c,~L-- Kristine M. ~ust, squire Attomeys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 09-16-1050-200 ~~~M1-i'ill:0.i.illi!i.!!lH''-''I''''"V,,:i::,''d;;lhlti!(,ck'''il;;.~OA';'b~'\l,,',J<~fO,'' ";";1,,,,,,jj-i',.,!,-"'~'~'~"\'"'"";"_ ,~i","'_0,:M,;"fJjj,'1J;1il:~~;~iIf~"IM"'iJ~~Jl1~_-'ii!l;\jjit~ >0__ ,~. nl. ,~~C,"_ ^ .". - -~ .. - ... ~:' t . 0 0 C) C '''1'1 ~;: (/) , ;:p ~E ,..., , ~j;i -0 , , :C1 ZC'-- , i" F?~~ ,.m_l :~ , :<::::-""--' () Pr.... :I:2.. ~r :l; -j'; zC:.~ ::o~ ~2 )>c CO 0 '" z (J1 j;! =< 1'0 ::0 -< " i, " -, ~--~: ../ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PNC Bank. N.A., 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 James R. Gramley located at 748 Erford Road. Camo Hill. Pennsvlvania. 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL TIffiFOLLOWING DESCRIBED REAL EST ATE SITUATED INTIffi TOWNSHIP OF EASTPENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL #09-16-1050-200 1. The name and address of the owner or reputed owner: James'R. Gramley 748 Erford Road Camp Hill, PA 17011 2. The name and address of the defendant in the judgment: James R. Gramley 748 Erford Road Camp Hill, P A 17011 -" J. ~ i l_. '. I __~ c. j- ..' 3. The nlUlle and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, N.A. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: PNC Bank, N.A. PLAINTIFF American General Finance, Inc. 3120 Parkview Lane, Suite 101 Harrisburg, P A 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, P A 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE . _ b' 1 ". '" ., ,. L ,..' ~ .__ l '~\jgj,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., Plaintiff, v. JAMES R. GRAMLEY, Defendant I hereby certifY that the address of the Plaintiff is: 539 South 4th Avenue Louisville, KY 40202-2531 the last known address of Defendant is: 748 Erford Road Camp Hill, PA 17011 EJ~ Attorneys for Plaintiff ) CIVIL DIVISION ) ) NO.: 2001-03086 Civil Term ) ) ) ISSUE NO.: ) ) TYPE OF PLEADING: ) ) PRAECIPE FOR DEFAULT JUDGMENT ) (Mortgage Foreclosure) j ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) PNC Bank, N.A. ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Brian B. Dutton, Esquire ) Pa, LD. #81953 ) ) GRENEN & BIRSIC, p,c. ) ) Firm #023 ) ) One Gateway Center, Nine West ) Pittsburgh, PA 15222 ) ) (412) 281-7650 ) " -J._ ,-. ~L ~~ o=M'~~!1 ... > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NA, CNIL DIVISION Plaintiff, NO.: 2001-03086 Civil Term v. JAMES R. GRAMLEY, Defendant. PRAECIPE FOR DEF AUL T JUDGMENT TO: PROTHONOTARY SIRIMADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, James K Gramley, in the amount of$66,167.24, which is itemized as follows: Principal Balance $ 60,241.55 Interest through 07/03/01 $ 2,172.58 Late Charges through 07/03/01 $ 117.60 Escrow Deficiency through 7/03/01 $ 335.51 Attorney Fees $ 800,00 Title Search, Foreclosure and Execution Costs $ 2.500.00 TOTAL $ 66,167.24 with interest on the Principal sum at the rate of$10.11 per diem from July 3, 2001, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: Z;;;26- Brian B. Dutton, Esquire Pa. I.D. #81953 I , -":,,, -~M.~;Q'~I;&:! -. .,A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CNIL DIVISION Plaintiff, NO.: 2001-03086 Civil Term v. JAMES R. GRAMLEY, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT nmGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Brian B. Dutton, attomey for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service ofthe United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. ~//;$& Sworn to and subscribed before me this~ay of ~ .C'h ~ ,2001. C6:\~J{' ;<('0) A~ a~ Notary Public Notarial Seal Patricia A. Townsend, Notary Public Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsyivania Ass01:1atlon of Notanes .,.1 .....~ " -. ~ , ~"li!:i~J\: ..' -4 IN THE COURT OF COMMON PLEAS OF CUMHbKLANlJ CUUNTY, l'bNN~ Y L VANIA PNC BANK, N.A., Defendant. ) CNIL DNISION ) ) NO.: 2001-03086 Civil Term ) ) ) ) ) ) Plaintiff, vs. JAMES R. GRAMLEY, TO: James R. Gramley 748 Erford Road Camp Hill, PA 17011 DATE OF NOTICE: June 21, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS 1'0 THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIqHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYERAT ONCE. IF YOU DO NOT HAVE ALA WYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800"990-9108 By: GRENEN & BIRSIC, P.C. ~/~~ Brian B. Dutton, Esquire Pa. I.D. # 81953 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, P A 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID ~;,r~;';;:~~'W8ii!W:i!:M'&fbg;;i'!iJ~_:i:I~~"'td,{;;~_';";''''-,,, ..",,,-",,.,. i~,'""_l.,_,.,,,",ri,ic.,.'iJ'FlIf.i~\__,,"_,,,>_~!,,~(,,."'M,_t_.;;"-"'''i_&!lIw.lII;;m,i~U~i#IQ''Ki,;);''~a_~~~IIllIiII.l...- - 11>-- -4.. t ~ (.) .tQ. i ...0 8 r "- Vr :t ($ Ffl c--: " f' tv l_~ '_ , j .- f'", <: ~ ~ c:' Ilf 0 f' ~ '^ ... . ',~, r '"' :;J (II --< '"_~ 0 ,_ ,.",. ,_,~ ~--~~'-~ ~~_.~ ~ -- ~ ~ J .._, u ,~___ -- ~ ,,, . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, _____________________________________________________~________________________Reco<derof Deeds in and for said County and State do 'hereby eertify that the Sheriff's Deed in which ________________ Washington Mutual Home Loans Ine fka pne Mtg aif for Pne Bank N A ____________________________________________________________________________________ ~ thegr.ontee the same having been sold to said grantee on the _____"l.!.P-______________________________________ day of March' 2002 ________________________________________ A~ D., r _____, under and by virtue of a writ______________ Execution . 11th ______________________________________ __________lSSUed on the _ __ ______ ___________ ______ ____ _______ September 2~ . day of __________________________ A. D., _____, ut of the Court of Cornman Pleas of said County as of 2001 Civil -----------------------------...---------- ------_ -________ _________________ _______ T enn, : PNC Bank N A 3086 Number ______________, at the suit of --------------------------------------------------------------- James R Gramley ---------------- ------------ --_____ against___ _ __ ____ _ ____ __ _ _______ __________ ________ ________ _ is duly recorded in Sherifrs Deed Book No. ______~:;_~__, Page _______~_:~_; IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office th~ d..~___ day of ---~L------i--,---#-l;;rl, 02.~ )t-~-- -;;-.;n.;.;. - -.CumboIllln<ICOUI'ly'-of .ea. My CommII1iICIl Eil*oo till FntMondil)' of Jan._ PNC Bank, NA VS James R. Gramley ~~- "-- ~:~~i In The Court of Common Pleas of Cmnberland County, Pennsylvania Writ No. 2001-3086 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: James R. Gramley, but was unable to locate him in his bailiwick. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2001 he was at the property of James R. Gramley, located at 748 Erford Road, Camp Hill, Pennsylvania. Deputy Gossert spoke to a neighbor that advised him defendant is not residing at within address, but that defendant is residing at an unknown address in New York. A check with the Camp Hill Post Office revealed the Post Office is holding defendant's mail, and that it has not been received by defendant. Kenneth E. Gossert, D'eputy Sheriff, who being duly sworn according to law, states that on September 28,2001 at 5:50 P.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James R. Gramley, located at 748 Erford Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly swom 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, Cmnberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the smn of $1.00 to Attorney Kristine Faust for Washington Mutual Home Loans, Inc, fi'kla PNC Mortgage, attorney in fact for PNC Bank, N.A. It being the highest bid and best price received for the same, Washington Mutual Home Loans, Inc. fi'kla PNC Mortgage, attorney in fact for PNC Bank, N.A. of9451 Corbin Avenue, Northridge, CA 91324, being the buyer in this execution paid SheriffR. Thomas Kline the smn of $769.4/; it being costs. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale $30.00 15.09 15.00 15,00 30.00 10.00 .50 1.00 9.75 1.40 15.00 20.00 20.00 ;-_ -iii. .....~.=. -, Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed > " 293.30 216.27 25.66 25.00 26.50 $769.417 Swom and subscribed to before me This '" 18 day of Dt~ 2002,A.D. ~u_ O)uJ.lh.;AJF; othonotary I', I.. ,.1 7JJr:. ~~!: #~ R. Thomas Kline, Sheriff By-J~JwU4 Real Estate Deputy ~-' ~~Ii'&,--'-i-:j' ~ r? ~.1J"l ,C{lt ~ . 'iP 1I.b . 10,0 [. T 3\9 ~ . I): ~. " 'J _.__ _1-_.- ,-," ; " --~ -, -, ~- - M10 :.!lmm*-'1',Ji , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PNC Bank. N.A., 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 James R. Gramlev located at 748 Erford Road. Camp Hill. Pennsvlvania. 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EASTPENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL #09-16-1050-200 1. The name and address of the owner or reputed owner: James R. Gramley 748 Erford Road Camp Hill, PA 17011 2. The name and address of the defendant in the judgment: James R. Gramley 748 Erford Road Camp Hill, PA 17011 ....J " "'~1I,t. , 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, NA PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: PNC Bank, N.A. PLAINTIFF American General Finance, Inc. 3120 Parkview Lane, Suite 101 Harrisburg, P A 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, P A 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE " l" ~ "J.... ' -<. ...."\fu'~~.,':J . I verify that the statements made in the AffidaVit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. BY:~~' Kristme M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ day of ::::n~'m. C ff:t02001. ~ \) \ (" \ <t', , ACh ,~::::D ~ Notary Public Notarial Seal Patricia A, Townsend. Notary Public Pittsburgh, Allegheny County My Commission Explre~ ~ 2003 Memt:ler,-r'enllsy-lvaniaAssaciaiinoJ)lliotaries ff'--~ ~ ,L':. I ~ ,-r_ 1 I. ~ "" '1~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NA, Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being dilly sworn according to law deposes and says that the owner of the property located at 748 Erford Road, Camp Hill, Pennsylvania, 17011, is Defendant, James R. Gramley, who resides at 748 Erford Road, Camp Hill, Pennsylvania, 17011, to the best of her information, knowledge and belief. . .// I .J/ /~0(.~V0~ . \ -' SWORN TO AND SUBSCRIBED BEFORE ME THIS ~DA Y OF Sr, \*Di'ffiCl (?!0 ,200], ~Q \.f'~"-(')'-o f\~ \:'l\rc)i'~ Notary Public Notarial Seal Patricia A. Townsend, Notary Public Pittsburgh, Allegheny County I My Commission EXplfes June 2, 2003 I Member, pennsylvama ASSOCIation 01 Notarje~ <.' l~' "I ~. ,-, ,,,'''''' iitiWii~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NA, Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P.S.10L ET. SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me. th~undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being dilly sworn according to law deposes and says that on March 12,2001, Defendant was mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983, and Act 6 Notices ofIntention to Foreclose by certified mail, return receipt requested, and first class U.S. Mail. ~~~ SWORN TO AND SUBSCRIBED BEFORE ME THIS~'oAY OF .<::::C)~CYw{)'fl/\)200], C7d ACb ( . \) QC: d:';::' . - \ ~\I\. ~ JYC. Notary Public Notarial Seal Patricia A. Townsend, Notary Pubiic J Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association of Notarie€ .. I, " ~ '^",,--I o l-,~ _~. ~'~~, 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NA, Plaintiff, NO,: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JAMES R. GRAMLEY 748 ERFORD ROAD CAMP HILL, P A 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the ---- - - - CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARlN-G ROOM, 2ND li:L6oR- ONE COURTHOUSE SQUARE CARLISLE, P A 17013 on December 5, 2001, at 10:00 A.M" the following described real estate, of which James R. Grarnlev is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R, GRAMLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EASTPENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA, 17011. DBV 136,PAGE 1138,ANDPARCEL #09-16-1050-200. ..I :.-1, ~ I '..~,-,-' '~'-"'- '"'~~ ... The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of PNC BANK, N.A., Plaintiff, vs, JAMES R. GRAMLEY, Defendant. at Execution Number 2001-03086 Civil Term in the amount of$67.812.69. 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 Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff, This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE, LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 (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. , l.- · You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment, You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's 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 -------PE'fITION-WInI-'I'HECOUR'IAFTER 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 (1 0) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: G~~CcCi/~jt~ Kristine M. Faust, Esquire Attorney for Plaintiff , ~ i ........J~ ~J 0-' ~ '" - '" ~t , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NA Plaintiff, NO,: 2001-03086 Civil Term vs, JAMES R. GRAMLEY, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: .-BEGINNING at a point on the westerly line ofErford Road (East) which point is 444.25 feet north of the northwesterly corner of Erford Road (East) and Dulles Drive (East) and at dividing line between Lots Nos. 13 and 13X, Block "J", on the hereinafter mentioned Plan of Lots; thence along said dividingl!.ne Sou.th.13 degre(l~ 00 minutes West 110 feet to. aJlQint;tb~J;tG~~along the easterly line of Lot No. 21, Block "J" on said Plan North 37 degrees 00 minutes West 37.50 feet to a point at dividing line between Lots Nos. 12 and 13X, Block "J" on said Plan; thence along said dividing line North 53 degrees 00 minutes East 110 feet to a point on the westerly line of Erford Road (East) aforesaid; thence along same South 37 degrees 00 minutes East 37.50 feet to a point the place of BEGINNING. . SUIHECT to all exceptions, iestnctions,easements, nghtsofway;-iiiid olfaud gas leases as set forth in prior instruments of records, BEING the same premises which John H. Greene and Marcia M, Greene, by Deed Dated March 29,1996, and recorded in the Office of the Recorder of Deeds of Cumberland County on April2, 1996, in Deed Book Volume 136, Page 1138, granted and conveyed unto James R. Gramley, the Mortgagor herein, "'~. h ~ ,i : -'~. I; . ~,~ I~_ """--"'.-- ,", '- -, , ~"'ti!It.,,",,< 1 BEING Lot No. 13X, Block "J" in Plan No. 7 Ridley Park, which Plan is recorded in Cumberland County Plan Book 15, Page 56. GRENEN & BIRSIC, P.C. By:/)Uyu..A_~L-- Kristine M. faust, squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 09-16-1050-200 - ,~ c.. . ' ~ "- ,I ~ -,. "~, , d' ~"~-~'-..;.,...~ 'I' " WRIT OF. EXECUTI9N an.d/or ATTACHMENT COMMONWEALTH OF PENNSYL V AN/A) COUNTY OF CUMBERLAND) NO, 01-30Rli CIVIL l\9( TERM CIVIL ACTION - LAW - TO THE SHERIFF OF Cumberland COUNTY: PNC Bank, N.A. To satisfy the debt, interest and costs due PLAINTIFF(S) trom James R. Gramley, 748 Erfard Road, Camp Hill, PA 17011 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Des=iptian (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 notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(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 othelWise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjeclto attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. AmountDue $66,167.24 LL $.50 Interest $1 li4'i 4'i (frrm 7/4/01) Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid Plaintiff Paid $109.30 Date: September 11, 2001 Curtis R. Long Prothonotary, Civil Division ~: k2~ 0, D. 72Q?/?A~' ~J)~ Address: REQUESTING PARTY: Kristine M. Faust, Esq. Grenen & BlrslC, P.C. Ono Gat€lway Oe~nt-€,r, N;nt=> WA~r Pittsburgh, PA 15222 Plaintiff Name Attorney for: Telephone: Supreme Court 10 No, 412-281-7650 79991 _~~~~~~i~'.liiW.f,\i'W<",\1"";&!ll<;",,~p!'i,;~~""'d!"'i!,bfi,-t.'J",,-_~'n'_"~'.I:'v,,;;""~ ,)."',,~~,i,,;j=,;,,;ft~",,~M~"Jlli:lil',~il!iIi~~J~~~ . ~:i!Or~M___l!!lIilI , REAL ESTATE SALE No. '2(P I: k i iii '!; I: I,! " ~ i j, I , ~ i , On September 12,2001, the sherifflevied upon the defenendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered as 748 Erford Road, Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 12, 2001 By: q()-cUr j~th. Real Estate Deputy ~, c:u:i1 c:u:i1 c::::::=' GV (j;.ii ,\~...,Ajc. "'.d':..I',l'l" .. ' "" ',\' 4- ,_~;~ ~,~t\~.:" \<.\~ 1\ . ,<I '.' . . \\ ~,S4~~ I\\~~ \":\""0 ,\,\~\,>\(l ."~\~\.>i~() \"~~~' ;.' -', ":~t, ~y,! ::.~n.~ ;;~~~~;';\,\"> ," .'..,"" I. ~ 1" I "'.J cl ;~J <-'-" - ' -- "~(;>t i ~ 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 Sundav 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 23rd and 30th day{s} of October and the 6th day{s} of November 2001, 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 beMIf 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 Dauphi in ,iscellaneous Book "M", Volume 14, Page 317. { PUB~~:~ION ~~;~"~'~~'~~~~;"~~""'~:~;~'~""";~";~;~'~~~'''~f ~~.....,~'~;'~~;;' AD, S ALE #26 Terry L. Russell, Notary PUblic Harrisburg, Dauphin COunty . MV COmmission Expires June 6, Member, Pennsylvania AssocIation 01 Notaries ARY PUBLIC My commission expires June 6, 2002 . CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COUR1HOUSE CARLISLE, PA, 17013 j 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 $ 214,77 1.50 216,27 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By..""""""""""..............""""""""""".,"""" ,..,-------~--~-- . . . \'lEAL ESTATE SALo No, 26 Wrh No, 2001-3086 .............C1vilTerm ii-.F....Jm~s~17dz~{~y _, AftyiKitSliliiir.i: fa"Si :,:,:D]'S'CiiWnoN ; " . ,,' "A:tt"tt:iAl CEliTAIN tract' or parcel of 'land S1hillle In East, P~nnsboro 1ownsrnp, Cumbetland -CoUdty, Pennsj)vanla, more p.uticularly bou1Kk.'<i '.:.nrtddescribed as follows: , BEGINNING at ;l poinl on the ~v~sterly line of ,)!Ifqrd Road (Ea~t) which poilJt is 444.23 feet .north of tlie northwesterly comer of Erfam Road : . (East) and Dulle~ Drive (East) alld at dividing line between Lots Nos. 13 and 13X, Block "J", on the hereiriafterm:eniionedPlan of Lots; tll.encc <'along 'said dividing line Sotilli 53 degrees 00 .:minUtes We.st 110 feet 10 a pdnt; thence along ,,: 'the,:.C<\Stc.riy Um: of T..o\ No. 21, Block "]" on said '. P.1an NOrth ,37 de.g~es 00 minutes West 37.50 :fuN to a,poinl al dlvlIjing line between Lots Mos. i2 an.'d 13x.. Block "ron s.aid Plan; thence along said dividing line North 53 degrees 00 minutes East 110 feet to .a poln! on !be. westerjy line of . Erford ,Rl'iad (Ea.~t) aforesaid; thence along ~ame .South 31 degrees OO.m1nutes Baht 37.50 feet to a point t)re place ofBEGOO1NG. SUBJECT to aU exceptions, restrictions, 'easimier:il~, rigb::s of v;ay, and'oil alld godS' leases .llS'SctidJthin piiorivstnJmentsbfrecords. . BElN:G'the sam'e' premises which John H, Greeru: ",and M-:rcia M. E;-een,by,Deed DatedMarcn 29, . l%l6,:.odrecor&'din the Office of the Re!:order . {)f Deed& of -Cumberland CoUnty on April 2, ',,[995, in Deed Book Volume 136, Page I13S, :..gl.'lWOO .and conveyed unto James R, Gramley, .. }pe Mo'rtg_a~or hetci1),. '"..BtllMG COt No. nx. Block "'r' in Plan No.7 'Ridley Park, wbkb Plan is recorded in '-Curnbe'r1and ,County Plan Book 15, ?age 56. . Parcel No. 09: l6.1O'50.1,00. .1 -. lilS"ATE SALE NO. 2lil Writ No. 2001-3086 Civil PNC Bank N,A, vs, James R Gramley Atty.: Kristine M. Faust LONG FORM DESCRIPTION ALL TIiAT CERTAIN tract or par- cel of land situate in East Pennsboro Township. Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Erford Road (East) which pOint Is 444,25 feet north of the northwesterly comer of Erfard Road (East) and Duiles Drive (East) and at dividing line between Lots Nos, 13 and 13X. Block "J," on the hereinafter mentioned Plan of Lots; thence along said dMding line South 53 degrees 00 minutes West 110 feet to a point: thence along the east- erly line of Lot No, 21, Block "J" on said Plan North 37 degrees 00 min- utes West 37.50 feet to a point at dividing line between Lots Nos, 12 and 13X. Block "J" on said Plan; thence along said dividing line North 53 degrees 00 minutes East 110 feet to a point on the westerly line of Erford Road (East) aforesaid; thence along same South 37 de- grees 00 minutes East 37,50 feet to a pOint the place of BEGINNING, SUBJECT to all exceptions, re- str1ctions. easements. rtghts of way, and oil and gas leases as set forth in prior instruments of records. BEING the same premises which John H. Greene and Marcia M. Greene, by Deed Dated March 29, 1996. and recorded In the Office of the Recorder of Deeds of Cumberland County on April 2, 1996, In Deed Book Volume 136. Page 1138, granted and conveyed unto James R. Gramley. the Mortgagor herein, BEING Lot No. 13X, Block "J" In Plan No, 7 Ridiley Park, which Plan Is recorded In Cumberland County Plan Book 15, Page 56. Parcel No, 09-16-1050-200, , I ~~ "'<, ~A,\.'W.:lI'';'' J, < ,..." - . '" " I .~~~- . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being dilly 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, VlZ: October 12, 19,26,2001 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, ""1 Ell!; lliiw, - SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 \.~1~) ~. ~dPA/ NOTARlAlm y LOIS E. SNYDER. Notary Public Carlisle Iloro. Cumberland County My Commission Expires Man:h 5, 2005 "---,< , I c I .L_ '~" _0 ill J~:!f-;r, l .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term ISSUE NUMBER: vs. JAMES R, GRAMLEY, Defendant. TYPE OF PLEADING: Pa, R.C.P, RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS CODE - FILED ON BEHALF OF PLAINTIFF: PNC Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa, LD. #77991 SHERIFF'S SALE DATE: March 06, 2002 (Continued from December 05, 2002) GRENEN & BIRSIC, P,C, One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 ,s~_",,","~," ~~~~. ~ I ....I.. J-< ." ,- "--".' '-.11l!il!~~~r..' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term vs. JAMES R, GRAMLEY, Defendant, Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M, Faust, Attorney for Plaintiff, PNC Bank, N.A., being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiff's notice of the sale of real property in this matter on February 18, 2002 as follows: 1, James R. Gramley is the owner of the real property and has not entered an appearance of record. 2. On November 20, 2001, this court entered an order authorizing Plaintiff to serve the Defendant by posting the property and mailing by first class, postage prepaid to the address 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. .L o:,_...-...""'u.- -~" ,.I~. _ _ m.<. ." ".e-.~r.,~~:~'i ,J , -., . .. 3. Pursuant to the Order and Pa R.C.P. 3129.2 (Cl on November 28, 2001, the undersigned counsel served the Defendant with a true and correct copy of Plaintiff's notice of the sale of real property by first class mail, postage prepaid, addressed to James R, Gramley at 748 Erford Road, Camp Hill, PA 170ll. A true and correct copy of U. S. Service Postal Service Form 3817 evidencing service by first class mail, postage prepaid on the identified Defendants, is marked Exhibit "B", attached hereto and made a part hereof. 4. On or about December 6, 2001, the Sheriff of Cumberland County posted the property located at 748 Erford Road, Camp Hill, PA 17011. A true and correct copy of the Affidavit of Posting from the Sheriff of Cumberland County is marked Exhibit "C", 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, BY: G. RENEN & BIR~P. C . .' . ~~...., -- ,,,,' , Kristine M. Faust, Esquire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME Notarial Seal ~oanne. M, Wehner, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 1 g, 2005 Member, PennsylvamaAssociationofNotaries -----....'-----ymtary Public <,-- " ~ I u ,,' -'=~........,,,~" . , . . . NOV 1 6 2001l~ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A. , CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. ORDER OF COURT ;:;v )~ AND NOW, to wit, this ;}v - day of fU~ ,2001, upon consideration of the within Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby allowed to serve Defendant, James R. Gramley, with a true and correct copy of Plaintiff's Notice of Sheriff's Sale by posting the property at 748 Erford Road, Camp Hill, PA 17011, and Plaintiff is permitted to serve the Defendant, by mailing a true and correct copy of the Notice of Sheriff's Sale by first class mail, postage pre-paid addressed to James R. Gramley at 748 Erford Road, Camp Hill, PA 17011. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff of Cumberland County and mailing by the Plaintiff. BY THE COURT: /,/ Ur- ;J Ilff. { I '-'c'- ''',> 1';'. . .';.'i:l.-...........~~. I,.;._dc;r~~:'- !2~~ .. '\ 0, " L, ',;, ,~ ~ , ';"Ii U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND ,INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen ~ rnmc. P.C. .....olI'" . ...,~ . ....... , Pittsburgh. m 15222 '\ I f--W<> I ~6~~ c.~JJ..O t1\ 1l0l1 PS Form 3817, Mar, 1989 iif~--,,",,' '~.' - I I (-J ;;'-.'. "c'~- 'c, . '0> <'~~""jf, un~rr~rr.~ ~~LU~~ - K~~UUfltt . CASE NO: 200l-03086 ~ . .COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS GRAMLEY JAMES R SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAMLEY JAMES R the DEFENDANT at 1910:00 HOURS, on the 6th day of December, 2001 at 748 ERFORD ROAD CAMP HILL, PA 17011 by handing to POSTED PROPERTY AT 748 ERFORD ROAD CAMP HILL 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 posting Surcharge 18.00 9.75 6,00 10.00 .00 43.75 So Answers: r'~~~~ R. Thomas Kline 12/10/2001 GRENEN & BIRSIC Sworn and Subscribed to before By: / / / / , , me this day of A,D. Prothonotary ~~~idwKia!l_~ti.d~,wlH_.-;j'-';~~\lf~,llS!r_!&<l\l;!tikt",-"","~jiri'" ' ~/~ =._~.~~~ - ,;,-,..:.""UN,_"}:<;",,.,~~\,_"-!u~~l'ld -~"\t1I"""'" """'iIii~'"'"'-'" "-"c._ ~ '-""".';;!"~ - ~~ .-'" Iif.u:li~ . "'" ,," ,~ ~~-~. -~".,. ,~,~ l~~" " ' ~ .., (') C ~ ""OCt) 2m zf' ~"~;: ~e) p~-"" 2'--1 )>0 C Z -, -( - -=--, . o N -., ro, u, N (.}1 o 'Y1 "_.~ --r- h~:::n r- ~T5e:J ~~~ -:~M C.J ~ -< -'" ::i "'" .'--) .&- '^-~---- .!... ,.' I' ~,l"' I" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No, :2001-03086 Civil Term ISSUE NUMBER: vs. JAMES R. GRAMLEY, TYPE OF PLEADING: Defendant. Pa. R.C.P. RULE 3129,2(c) (2) LIENHOLDER AFFIDAVIT OF SERVICE CODE - FILED ON BEHALF OF PLAINTIFF: PNC Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Pa. I.D. # 77991 SHERIFF'S SALE DATE: March 06, 2002 o c z -urn mm Z:TI ZL' ~~ !<: CJ ~o Esquir~8 Z :< GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 (Continued from December 05, 2001) ''-'-''-'-'~j,;! C:.' r'0 ..,., f"1 co N <..n Cj ., ~ '~ .".rT1 -_~"i C) :~~ c:jrn ~ ~ -c> :x ~ 1") .l:'" ',,~"-- - - ~-! ._~-"" _ ~.J ""'..~~~':!' ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No. :2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. Pa. R.C,P. RULE 3129,2 (c) (2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A" As Authorized Servicing Agent, 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 Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated September 5, 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. A true and correct copy of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof, _" I ~ ,.; '" ,'-' ~"-3<i ... .. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. -.!/;v/oV I ' BY: GRENEN & BIRSIC, P.C, ;:,~:;;c~;,;, Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn tO,and subscribed before Notary Pu , 2002. thiS/I've' Notarial Seal , Joanne M, Wehner, Notary Public City of Pittsburgh, Alle9Jheny f~u~1105 My Commission Expires une I Member, pennsylVamaAssociatlonOfNotari.. . - ~~"' I L ,I_~J', ~. " '- ',,' -.'-~~<~,~ ... . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NA, Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PNC Bank. N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was ofrecord concerning the real property of James R. Gramlev located at 748 Erford Road. CamD Hill. Pennsvlvania. 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EASTPENNSBORO, CUMBERLAND COUNTY, PENNSYL V ANlA. HA VINGERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL #09-16-1050-200 1, The name and address of the owner or reputed owner: James R. Gramley 748 Erford Road Camp Hill, PA 17011 2. The name and address of the defendant in the judgment: James R. Gramley 748 Erford Road Camp Hill, PA 17011 '-'<odl ~ . ~. .:~~ . . . . 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, NA PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: PNC Bank, NA PLAINTIFF American General Finance, Inc. 3120 Parkview Lane, Suite 101 Harrisburg, P A 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, P A 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-0601 6. The name and address of every ,other person who has any record interest in the property and whose interest may be affected by tht) sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by _the sale: . NONE "J... , - ~~ ~ ,..'.-1, --, 'L_ "~ ~1 t~k . . . . I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. BY:~~ Kristme M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ day of "n~Th C fflj02001. ~\)\("\(F'" f\~ '~::::D~. Notary Public Notarial Seal Patricia A. Townsend, Notary Public Pittsburgh, Allegheny County My Commission Expire~ ~ 2003 Member, Pennsylvania Association 01 Notarie~ -- " ~'- , . . . Received From: Grcncn & Clrsi::, r.C. C~" limCVlilJ Center. NIllll 'lJe,>' "" ?2'2 =~.~ .. " , Affix fee here in stamps '''I!!'iPo~,age and poi(.f . lr:Jquire of p<f~m(',.~ for; current fe~ ;~~) i ,~ :~~~~i ! U.S. POSTAL SERVICE CERTIFICATE OF M IlIN MAYBE USED fOR DOMESTIC AND lNTERNA llONAL MAll DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' !:"'"i I...,; " ,-',] iJ-;.i , "--~- PS Form 3817, Mar, 1989 Rece,ved'tffenen & Blrsic, P.C. ~ n . Nine West Piltsburgh, PA15222 >,> \ ", ' U.S, POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, 'DOES NOT PROVIDE FOR INSURANCE-POSTMASTER One piece of ordinar'( mail addressed 'to: CI1,JYLruJJ.lVIcl Co. DU'f'v\.Qot-ic _p () tirx 3(j() ~ Po-- l(()t~ i . , ,,: ,-' '., PS Form 3817, Mar, 1989 Rece'ved ''"''Grenen & [)' . Irs/C, P.C. M" Affix fee here in stamps fiT~~' _ po~ge and I' po 'm Inquire of , Po~asfe~ or Jcurrent fee~ '~~;'lIj ~ {,~i .- ....),'Y <eft?" u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMEST1C AND'INTERNATIONAl MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ) Pittsburgh, PA I ! ;, i ~Pi'" Ofo,din..y m'~ IJ/J --r?Uro Ie i"- 10000D~v', Z~: 17/2&(jd)t ]rl(1tvyl... t, '.' -- j;;,-~'~;:Jiilj!lliJl1i~~~~!Ik#J1ji}J;~;t'l\i~I~.?ti;.t"';;W~,~k-!jli\"i-A}i".i[.,_,;'~,n,ccMhl:,'dL;1";L&:ii';1,~~~ilb~U'11ll-~~ifIT.fi&. ;.LillMliir~ CS k/p , : '.: ,t~_~ ,~,_,~,.."' _ M ~_~ J",,,,,, <,,~ ~ _ ~ ," , _ C~., ," .,,_ ~-., .". ~~_ >.."~ ,'~___~., -JL , .. ~, , . n 0 ~~~ C r"-' s: ..., ," , -Un: rt1 ?~: f32 (Tlr" 00 Z:JJ ZC' i"~ .:>-;t?J ~'7: 0; -:_) ,l., ~c:) -0 ~~~~ ~S 3: <;:;;'- 'i! [)!'-n PC ---l Z ~) ? ~ ,oD ~ -< . ,l-~_ ~ ~ ~ 1 ! , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A. , CIVIL DIVISION Plaintiff, No. :2001-03086 Civil Term ISSUE NUMBER: vs. JAMES R, GRAMLEY, TYPE OF PLEADING: Defendant. Pa. R,C.P, RULE 3129,2(c) (2) LIENHOLDER AFFIDAVIT OF SERVICE CODE - FILED ON BEHALF OF PLAINTIFF: PNC Bank, N,A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M, Faust, Esquire- Pa. I.D. # 77991 SHERIFF'S SALE DATE: March 06, 2002 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 (Continued from December 05, 2001) .'<L,'< "'1i'~l:_~\4J: -,~,..~~ , , do, j, 1 ~~.. .....-.-, r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No. :2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. Pa, R.C,P. RULE 3129.2(c) (2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A., As Authorized Servicing Agent, 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 Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows: 1, By letters dated September 5, 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. A true and correct copy of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. , ~,,~ . , -"'"'~~i. . I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. ,,)/;v /0 z/' I ' BY: GRENEN & BIRSIC, P.C. ./ ..~.?-L2LLJ~7:{tfL;:U ~ Kris'tinl' M. ~st, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before Notary P , 2002. this l5'tJC- da Notarial Seai , Joanne M, Wehner, Notary Public City of Pittsburgh, !\lIegheny C1~u~6Yo5 My Commission Expires June, Member, pennsylVanlaAsSoclatlOl1 ofNotanes 'i'll =_ I ,.1 ""~ =--. j"""",,,-,~~:: . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PNC Bank. N ,A., 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 James R. Gramlev located at 748 Erford Road. Camp Hill. Pennsvlvania. 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EASTPENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA, 17011. DBV 136,PAGE 1138,ANDPARCEL #09-16-1050-200 1, The name and address of the owner or reputed owner: James R. Gramley 748 Erford Road Camp Hill, P A 17011 2, The name and address of the defendant in the judgment: James R. Gramley 748 Erford Road Camp Hill, PA 17011 '"""1 ~ , ~ I .-..J . . ..:~~- . . . 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, N.A. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: PNC Bank, NA PLAINTIFF American General Finance, Inc. 3120 Parkview Lane, Suite 101 Harrisburg, P A 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 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by..the sale: NONE <,&k~" - .... " l " ~ - -l~ ',> I - ,. ~. > j,. < ";~;""""-iilii , . . . I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S.A. !l4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. ~ / . ~ BY:vt .' , Kristme M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before d"'\}l . ' . me this:;..:E::... day of ::::nrtcYf<\.\.i'E:1)2001, ~\) \ (", C""" f\~ c"3I\....:::Dv<C' Notary Public Notarial Seal . Patricia A.Townsend, Notary Pubhc Pittsburgh, Allegheny County _, My Commission ExpIres June ~~ Member, Pennsylvania Association of Notarief. -,~"' ',. - t~ if_ltW ~ , U. . POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOA DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' Received From: Grcncn & Clrsic, r.C. (;;0 omeVJ<lJ Cent.:'l. HII1I1 We~t ",,' h" 222 ..~ PS Form 3817. Mar, 1989 Received 'Cfrencn & Bircic, P.C. ". nNine West Piltsburgh, PA 15222 U,5, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE useD FOR DOMESTIC AND INTERNATIONAL MA,IL, DOES NOT PROVIDE FDA INSURANCE POSTMASTER One piece of ordinary mail addressed 'to: CIUYlJlW.Lurid... 0J. OO'rMQti PO tJJx 3130 ~ fk. Il()l~ PS Form 3817, Mar, 1989 u U,S. POSTAL SERVI E CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL.. DOES NOT PROVIDE FOR INSURANCE POSTMASTER Affix fee here in stamps ....or'-'~po:m,ge and posi_ ifta~ Inquire of poslmast'e{ljfor !current feel ~~~)' ::: '<I '.i:"'1~, rl ". ~f Re"ived ',o"t:rcnen & 13" j "S.C, P.C. I'l~ ,'i fitlsburgh fA . ~- , ------ ~1l~a.-1li:~J!}IM'i'8jlff~~4;<'i!""!;?;~~HJ<',i>U;>;;;[,j!b",n"_~1 ";,;,~"''''-~'''~l''''.~j,,,-,,:,:,:&,'h;i.c-f;;;\;;;~'!:!l,-tWi~li__Ildi~~Jl;~liIiil~~' E:.s- if ~.1Sl ',"'A"",n,~",,,,"'"" ."~~_~<~~"'''.m"~^_, ,,,,",J~ 9-", ,>_ < ",,',-,i1'ff7<,Y"',,'-','i}'1<>'.1-,',~ "IP,'^, .", H,J"''''',",~,;'''~."" . N "'>' ~ "",-I "_; ',- e.',_" ~ _ ",or ,'~' "'~" .,..'", "', ,,' ,~,. , o c:: -... "'tJa:. CjU~ ---"'" ~~; !2C] ~O -0 ';P'"C: .~ II C' N .." r" f',::) N -' , ,<.- ~--~,,' ".~. " ~ " '~y;: ? :JC .,--t -'~~. "'''', , --....- _.,.m /~~'b :-('",:; Qo ,"-rn o -4 55 "< q: '''':> 1'-' _z'-I 'I Iii , II ! .1 , 'I I ! .. ,.,,; ,:'__:i!AJIft't.:~ <~~6 ~ --- :" " ;, J ~ " - "'~, -~.'=-,,"'Ol'^ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03086 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS GRAMLEY JAMES R SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within REAL ESTATE WRIT was served upon GRAMLEY JAMES R the DEFENDANT , at 1910:00 HOURS, on the 6th day of December, 2001 at 748 ERFORD ROAD CAMP HILL, PA 17011 by handing to PROPERTY WAS POSTED PURSUANT TO COURT ORDER a true and attested copy of REAL ESTATE WRIT together with NOTICE OF SHERIFF'S SALE and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing Service Posting Surcharge So ;;~~~, 18.00 9.75 6.00 10.00 .00 43.75 R. Thomas Kline me this /3 ~ day of 12/10/2001 GRENE:y~ BIRS~ .,/ epu heriff Sworn and Subscribed to before I11AiA_1A ,J...ao.;l.,. A.D. (~~O /M"pi., ~ Prothonotary' o-"""'..""'tn__'"' - , . " 1..1 , . ~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term ISSUE NUMBER: vs. JAMES R. GRAMLEY, TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Defendant. CODE - FILED ON BEHALF OF PLAINTIFF: PNC Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. LD. *77991 SHERIFF'S SALE DATE: March 06, 2002 (Continued from December 05, 2002) GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 ~', '~(:i ,', .. .'''~~~ . ,~ 'llllllf\'''> . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.: 2001-03086 civil Term vs. JAMES R. GRAMLEY, Defendant. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A., being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiff's notice of the sale of real property in this matter on February 18, 2002 as follows: 1. James R. Gramley is the owner of the real property and has not entered an appearance of record. 2. On November 20, 2001, this court entered an order authorizing Plaintiff to serve the Defendant by posting the property and mailing by first class, postage prepaid to the address 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 November 28, 2001, the undersigned counsel served the Defendant with a true and correct copy of Plaintiff's notice of the sale of real property by first ""____''''C,,BJ , ) ~ " 1-- -~~ -, I' '. ",-lR'.:'.(l~'li<:t~-' i I class mail, postage prepaid, addressed to James R. Gramley at 748 Erford Road, Camp Hill, PA 17011. A true and correct copy of U. S. Service Postal Service Form 3817 evidencing service by first class mail, postage prepaid on the identified Defendants, is marked Exhibit "B", attached hereto and made a part hereof. 4. On or about December 6, 2001, the Sheriff of Cumberland County posted the property located at 748 Erford Road, Camp Hill, PA 17011. A true and correct copy of the Affidavit of Posting from the Sheriff of Cumberland County is marked Exhibit "e", 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. BY: st, Esquire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED 2f)fIt BEFORE ME , 2002. \ Notarial seal. .' Rebecca G., Blazina. ~~'. . -.... -,.." 1("11 Atleghe, ~ion Expire~ <~:;nSYlvania Assoejo;! '['>;blle j ~S -'.~'"-"~ - 'Ii ~ I. ~l ,-,';"'", "~ " ""'-"~~ . . NOV 1 6 2001 Li-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A. , CIVIL DIVISION Plaintiff, No.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. ORDER OF COURT '..0 0' day of....,~ , I . AND NOW, to wit, this ~ ~ ,2001, upon consideration of the within Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby allowed to serve Defendant, James R. Gramley, with a true and correct copy of Plaintiff's Notice of Sheriff's Sale by posting the property at 748 Erford Road, Camp Hill, PA 17011, and Plaintiff is permitted to serve the Defendant, by mailing a true and correct copy of the Notice of Sheriff's Sale by first class mail, postage pre-paid addressed to James R. Gramley at 748 Erford Road, Camp Hill, PA 17011. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff of Cumberland County and mailing by the Plaintiff. BY THE COURT: hI ~ /1. 13+_ I I .., ,"- . " ..._",.,g.. , . ;',,~.!' f . ;-";' ,~ ,c2tHJ:.t.... (1. ~-r!..-W ProUl0notarj .20 ::: ; 1 ""'-Cl>.' "1\. "'t' -- ......... . Received From: Grencn & rnrslc, p.c. .....~....I. ...., ~ ~ I Pillsburgh, f.115222 , , I 1-1M I ~~6~~ 0. ~ J 1Q ~ 1lCJ.1 PS Form 3817, Mar. 1989 ,j. . .' .J' ....;; ,~~ "~'~ ~--- " ~ /., '," I un~~~rr'u ~~~u~~ - KC~UUfiK ",,1 " ~ '" ' .;{'"'.-'~ . CACE NO: 2001-03086 .~ 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND . PNC BANK NA VS GRAMLEY JAMES R SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAMLEY JAMES R the DEFENDANT at 1910:00 HOURS, on the 6th day of December, 2001 at 748 ERFORD ROAD CAMP HILL, PA 1 7011 by handing to POSTED PROPERTY AT 748 ERFORD ROAD CAMP HILL 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 Posting Surcharge 18.00 9.75 6.00 10.00 .00 43.75 S~~~ R. Thomas Kline 12/10/2001 GRENEN & BIRSIC , Sworn and Subscribed to before By: me this day of ~ A.D. Prothonotary :,"("~,!;.:.;",,,~, ";;,,"<-i,';!bii;~J~i~tmr - -" '-~.~iiifllO. ~ .1, .~ " ~ ,~- , ~ ~- . q ~-~- ~ ,= ,~'" ,~~ ll~ ('\ C) (, C 1"''':' n -',-~ -n lT~ rn f~ .J .;~ , I') .<:-:. (/; , l. t -; ~, r~_ " . :::----- _;_c" C' 2: C) 5> C :'.J --'~ - -< J.! ~ .II~.Jil<ll BIIE'i- 1~ _,-"~",.,,~1.i. -,~" -- ", "" , ~"" I - ',. < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.:2001-03086 Civil Term ISSUE NUMBER: vs. JAMES R. GRAMLEY, TYPE OF PLEADING: Defendant. Pa. R.C.P. RULE 3129.2(c) (2) LIENHOLDER AFFIDAVIT OF SERVICE CODE - FILED ON BEHALF OF PLAINTIFF: PNC Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. # 77991 SHERIFF'S SALE DATE: March 06, 2002 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 (Continued from December 05, 2001) - ~.k<~iO\.furi~llM;i\/ ' _~~~"M .,J >'L -, 'L '~lli:i~t!1" III to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., CIVIL DIVISION Plaintiff, No.:2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. Pa. R.C.P. RULE 3129.2 ecl {2l LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A., As Authorized Servicing Agent, 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 Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated September 5, 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. A true and correct copy of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. , ~ ...J. 1 I I J '""1''(111,- , . I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. <.7/' ( d z..- BY: GRENEN & BIRSIC, P.C. ~a(4/;1~ Kristine M. ~aus , Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before , 20f{. f4a 1~{ m~'~j ,. day ~f ,It. / ~tht lid.. ~/. J;/ Ctff'kU,"-- L. Notary PU l1c , 2002. I Rocooca G~~\:~~~~.hJ, J . . '')1, Alleghn' 'ion Expire, .' """. '0 . :'l:ISylvaniaAssocJa:.: .;s , ,J , - ;~ t . .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NA, Plaintiff, NO.: 2001-03086 Civil Term vs. JAMES R. GRAMLEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PNC Bank. N.A., 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 James R, Gramlev located at 748 Erford Road. Camn Hill. Pennsvlvania. 17011 and is more fully described as follows: ALL THE RIGHT, TInE, INTEREST AND CLAIM OF JAMES R, GRAMLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EASTPENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD, CAMP HILL, PENNSYLVANIA, 17011. DBV 136,PAGE 1138, AND PARCEL #09-16-1050-200 1. The name and address of the owner or reputed owner: James R. Gramley 748 Erford Road Camp Hill, PA 17011 2. The name and address of the defendant in the judgment: James R. Gramley 748 Erford Road Camp Hill, PA 17011 ,'j' . . .. .. 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, N.A. PLAINTIFF 4. The name and address of the last record holder of every mortgage ofrecord: PNC Bank, NA PLAINTIFF American General Finance, Inc. 3120 Parkview Lane, Suite 101 Harrisburg, P A 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, P A 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by th{: sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the .sale: . NONE -. lii;i.li~&[~i:: . .. .. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA !l4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. BY:~~ Kristme M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ day of <:Y'f~():'{'(I.C :'(.:,1)2001. ~ \) \ (' '( ,', , f\~ ,~.:::.c~' Notary Public Notarial Seal Patricia A, Townsend, Notary Public Pittsburgh, Allegheny County My Commission Exptre~ ~ 2003 Member, Pennsylvania Association of Notanef ,[ ...1 .. --.",--,,,.- e_" '--~'i. . . U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil OOES NOT PROVIDE FOR INSURANCE POSTMASTER ' Received From: Grcncn & Clrsic, r.e. (;;:) li<:leVJLlJ Cent'r, NIRe West ". ,",n 222 ,..... ... , PS Form 3817, Mar, 1989 '---, , '-'" -- .... ,. YJuu.' ':.'" ')J..I0 . R.o,'v.d F,wm, 0, B'lrr'IC P.C toienen Cf u," ". n Nine West Pillsburgh, PA 15222 U,S, PO TAL SERVICE CERTIFICATE OF MAILING MAY BE USEO FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER One piece of ordinary mail addressed to: CI1,ml1.QA.{Mcl Co. O~tic _p () tf.rx 3dO ~ Po-- Il(}l~ (T~ PS Form 3817, Mar, 1989 '-,-,i tV R.o,'v.d F'""Crenen & Dirsic Po" , .1.1. "'n Affix fee here in stamps ror-~Post~ge and " pos( riN:lr,,,- Inquire of Po~as{~i'::"tor !current .. fee:( ;;;~.~' ~ ,-::"~ S -,!;i '{:"";:l" ^~ ,. , ! '.i U,S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ,f , ~one piec:e of ordinary m. '~dres~sed to: .'" ,. .".tb' V;~ 0.{) /Ziie-o CU<.Dil/, . tffJdJ ) 7/28-0d)1 }1Utv.1A^- ; :' i""__"""-"""~'~~i,,,,._,;\!);,,_=,,,,-_;\i...",,,;;i,&,,,~~_O-Milimllm~i<fi.;il;I"lll;>l'."";I!ii;"..~~~l!!1'lit ~ "',<" ,_"._~I", ,,''-''_~.~_'''"- _.^ ,,~n.W _.~ ", ~-- ,-..'- ,'" .>. -"'~- ~ ..., ,~-~- ~'~j-j ~ .., I n C) " , , , <'_: , ...,.., ; ," , n"'! ) 1 , :i::: - :~.) C; c' , -, ~ ',' C) y-' () C....J :-; ~; ',.- -\ ",'~" J> _..J! ~O -< -< r