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HomeMy WebLinkAbout01-04942a Washington Mutual HOME LOANS May 09, 2003 JAMES A GROSS SR KIMBERLY I GROSS 592 GUTSHALL RD BOILING SPRGS PA 17007-9604 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AI~TD AS~?Y INFOP.I~4ATIOP? OBTAINED WILL BE USED FOR THAT PURPOSE. Re: Loan Number: Property Address: Dear Customer: 18221922 592 BUTSHALL RD BOILING SPRINGS, PA 17007 Thank you for allowing Washington Mutual to service your mortgage needs. We have enclosed the partial payment as indicated below. A partial payment is an amount received that is less than the total amount due, which cannot be accepted on a defaulted loan without prior arrangements. As of the date of this letter, the loan is presently due for the August O1, 2001 mortgage payment and subsequent payments and fees in the amount of $17,209.64. This amount is subject to change after the date of this letter because additional mortgage payments and fees may become due. Failure to make arrangements to bring the loan current may result in foreclosure initiation. If foreclosure is started, you will be responsible for the Attorney fees and costs, as well as other associated costs. Therefore, it is imperative that you contact this office before remitting any additional funds to confirm the aatount due at that time. If you are unable to bring the loan current, this may result in negative credit reporting. Thank you for your prompt attention to this matter. Collections Department ENCL: Check/Money Order No. --------------------- 487523 PEG - CA08 9601 McAllister Date Amount 09-APR-03 $159.78 1031309MAY03 Frwy, San Antonio TX 1-888-743-7747 691714 78216 3160803/03 Washington Mutual Bank, FA ~~~ ~_nw~*_'~c~~~~ ~.~?52? WELTMAN, WE~4~IBF.Fi(R & F!E!S CO., L.P.A. pit Return of LEGAL Account Payments 08483001 00447523 Date Acct # Description Amount ' 04f03f03 02'0?6750 JAMES A GROSS SR 159 78 Your Acct # 1~2~!2,t4E2_^~Q NORTH AMERICAN MORTGAGE CO Check Amount 158.78 LAIN dFFIC.Ea.[7f -- - -' NATIONA4--CITY BANK_ _ - . - - _ 1PSEL'I'MAN, 1NE'INBBR~G & REfS COy L_P.A. -° _ ~~~ve~awn; oNaaxa T;HUST A00077NY ~-X2/410_ 4Q ~{va7J`G33- .. _, ,1 _,: ., ., .~~~ ..- .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. OI - '~Qy~. ~ c~~l. ~ 1, NORTH AMERICAN MORTGAGE COMPANY, ISSUE NO.: Plaintiff, v. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, CODE: TYPE OF PLEADING: Defendants COMPLAINT IN MORTGAGE FORECLOSURE TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. WELTMAN, WEINBERG 8 REIS CO., L.P.A. eY: ~~ ATTORNEYS FO PLAIT TIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 231 East Avenue, Albion, NY 14411 FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: AND THE DEFENDANT ARE: 592 Butshall Road Boiling Springs, PA 17007 WELTMAN, WE~flBERG &REIS ' ., L.P.A. ATTORNEYS OR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 592 Butshall Road Boiling Springs, PA 17007 Twp of Monroe Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG &REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#02076750 WELTMAN, WE~BERG & REI O., L.P.A..-~ BY: d~ ATT NEYS F R PLAINT FF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, v. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants NO: NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: ~ ~"' ~~~~ C1~~~ v. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, North American Mortgage Company, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L,P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: The Plaintiff is North American Mortgage Company, a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff'). 2. The Defendants are James A. Gross, Sr. and Kimberly I. Gross, adult individuals whose last known address is 592 Gutshall Road, Boiling Springs, PA 17007. 3. On or about August 14, 1998, the Defendants executed a Note in the original principal amount of $94,500.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about August 14, 1998, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $94,500.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 19, 1998 in Mortgage Book Volume 1476, Page 502. 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. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 6. The Defendants are in default under the terms of the aforesaid Note and Mortgage. 7. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 8. On or about June 20, 2000, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 92,460.16 interest thru 8/15/01 $ 4,456.45 Late Charge thru 8/15/01 $ 272.16 Escrow thru 8/15/01 $ 407.94 Inspections/Fees thru 8/15/01 $ 60.00 Execution Costs thru 8/15/01 $ 0.00 Attorneys' Fees thru 8/15/01 $ 800.00 Other Charges thru 8/15/01 $ 50.00 TOTAL $ 98,506.71 10. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $98,506.71, with interest thereon at the rate of $19.63 per diem from August 15, 2001, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBER & REIS C ., L.P.A. ,~~ Kimberly J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ~... LCNT G10 J ~.~ AUGUST 14, 1999 '~ $. ~ (Date] GUISHAI.L 5359038-863 NOTE CAMP HILL 592 ~$I~4. ROAD , BOILING SPRINGS , PA 17007 1. BORROWER'S PRObIISE TO PA1~ In return for a loan that I have received, I promise to pay U.S. $ "principal"), plus interest, to the order of the Lender. The Lender is . 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 7.750 %• 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 1 will pay principal and interest by making payments every month. I will make my monthly payments on the 1ST day of each month beginning on OCTOBER 01 1998 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that [may owe under this Note. My monthly payments will be applied to interest before principal. If, on SEPTEMBER O1 , 2028 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." Iwillmakemymonthlypaymentsat 38fl3 AIRWAY DRIVE. SANTA ROSA. CA 95403 or at a different place if required by the Note E Iolder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 677 , O 1 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 only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in 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 m the due date or in the amount of my monthly payment unless the Note Holder agrees ~n writing to those changes. 5. LOAN CHARGES If a law, which. applies to this loan and which sets maximum 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 (ii) any sums already 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 partial 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 4 , p % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly pay ment on the date it is due, I 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 MULTISTATE FIXED RATE NOTE-Single Family-FNMA/FNLMC Uniform InsVUment -SRre+os+.os ForAmendedt5%91 a M. tMOBTGAGE FORMS (3131P93-8100 Imaa0652 ,f ~L G III~II ~I~I~I IIII~~~I~I II~II ~IIII I~~~I~IIIII ~II~IIII IIIIIIIII~III~~II~IIIIII IIII~IIII IIII [Property Addressl PENNSYLVANIA [City] [State] 94.500.00 (this amount is called NORTH AMERICAN MORTGAGE COMPANY 'all ihe'interest that I owe on that amount. That date must beat least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Vote 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 still have the right to do so if I am in default at a later time. (E) Pa~•ment of Note Holder's Costs and Expenses If the dote 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 laty. Those expenses include, for example, reasonable attorne}•s' fees. 7. GIVING OP NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given b}• delivering it or by mailing it by first class mail to meat the Property Address above or at a different address if I give the Note Holder a notice of my different address:. Any notice that must be given to the Note Holder under this Note will be iven.by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a differentaddress if I am given a notice of that different address. 8.OBLIGATIONS OF PERSONS UNDER THIS 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 &uarantor, surety or endorser of this Note is also obligated to do these things. Any person 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 against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts 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 right 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 F Iolder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protectsthe Note Holder from ppoossible losses which might result if Ido not keep the promises which I make in this Note. That Security Instrumentdescribes 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 fol lows: Transfer of the Property or a Aeneficial 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 ail 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. /l~,r,~d B. ~ ~ (Seal) ~~ (Seal) ~~~ DAMES A. GROSS SR. -Borrower KIMBERLY I. GROSS - -Borrower SSN: 270-52-0483 SSN: 201-46-5106 (Seal) (Seal ) SSN: ~ -Borrower SSN: -Borrower I1 1/^(/ / 1 W ~~ ~ d / CSign Original Only] -SRwios~.oa Pegg 2 of ] Form 3200 12/83 WHEN RECORDED MAIL TO: NORTH AMERICAN MORTGAGE COMPANY P.O. BOX 808031 PETALUMA, CA 94975-8031 DOC MANAGEMENT AU 054 "~~~n i ~. ~~i~Gl_rq ~,,~";~ario couNrr~-r~a ' 98 RUG 19 AEI 10 07 Parcel \umber: 22-31-2173-004 [Space Above This Lino- For Recording Data] 3039 G'° MORTGAGE THIS ~102TGAGF^^, ("Security Instrument") is given on AUGUST 14 , 1998 JAMES A. GROSS SR. AND, KIMBERLY I. GROSS ("Borrower"). This Security Instrument is given to NORTH AMERICAN MORTGAGE COMPANY which is organised and existing under the laws of address is 3883 AIRWAY DRIVE, SANTA ROSA, DELAWARE CA 95403 ("Lender") NINETY FOUR THOUSAND FIVE HUNDRED AND 00/100 5359038-863 The mortgagor is and whose Borrower owes Lender the principal sum of Dollars (U.S. $ gq,500 .00 ). This debt is evidenced by Borrower's note dated the same date as this Securit} Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER O1 , 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 \ute. Por this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF, J/~ Mfr k GUTSHALL which has the address of 592 (~L ROAD , BOILING SPRINGS - ""'-' [Street, Cityl. Pennsylvania 77007 ("Property Address"); [Zip Code? PENNSriVAN1A-Single Family-FNMA/FHLMC 1 1111 IIIIII 111111 11 II{I{I 1 11 11 I' DN~IF®oHS PAMORGnncE FOflMS 180015~en 9d 12/~ II~~II IIIIII~~IIII III~~IIIII~IIIIIIIIII~III~IIIII~I~I IIIII~IIIIII~~~III II~I~I ~III~I~II II~1 Page 1 of 6 ~IIItId~S: J~ r;. [look TO(iI:TI(ER tt~ITEt all the ~ ~rotements now or hereafter erected ~ 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 Securit}• Instrument. All of the foregoing is referred to in this Security' Instrument as the "Property." BORROtVER COTENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and com~ey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally' the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRU\fENT combines uniform covenants for national use and nonuniform cotenants with limited tariations by jurisdiction to constitutes uniform security' instrument covering real property. l'XIPOR\I COGENANTS. Borrower and Lender cotenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly' pay when due the principal of and interest on the debt etidenced by the Note and any prepayment and late charges due under the \ote. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiter by Lender, Borrower shall pay to Lender on the day monthly payments ate due under the Note, until the Note is paid in full, a sum ("Funds")for: (a) }'early taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) }'early hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. 'These items are called "Escrow Items." Lender ma}', 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 Borrott•er's escrotc account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 [.~.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender ma}', 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 1-come Loan Bank. Lender shall apply the Ponds 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 [,ender pays Borrower interest on the Funds and applicable law permits bender to make such a charge. However, [,ender may require Borrower to pay a one time charge for an independent real estate tax reporting service used by fender in connection with this loan, unless applicable law provides otherwise. 'Unless an agreement is made or applicable late requires interest to be paid, bender shall not be required to pay Borrower any interest or earnings on the hands. Borrower and Lender may agree in writing, however, that interest shall be paid on the Punds. Lender shall give fo Borrower, without charge, an annual accounting of the bonds, showing credits and debits to the Funds and the purpose for which each debit to the hands was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, bender 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 at any time is riot sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such 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 paragraph 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 1 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 al] 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 satisfactory to Lender subordinating the lien to this Security Instrument. If 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 ]0 days of the giving of notice. Form 3039 9/90 -6HIPA) isato~ Page z "r a initials: l~.-Z = eouK14'76racE .503 J~ 5. Hazard or Propert}' Insur. .e. Borrower shall keep the improcemeni .,ow existing or hereafter erected on the I'ropert}• insured against loss b}• fire, hazards included within the term "extended coverage" and an}• other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower Fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Propert}• 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 [.ender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall Bice prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. finless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Iroperty damaged, if-the restoration or repair is economically feasible and Lender's security is not lessened. If the 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 Borroter. 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 30'day 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 1 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; [,easeholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the 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 l,erider'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 bender 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 Securit}• Instrument is on a leasehold, Borrower shall comply with all the provisions of the 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 agreements 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 additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other 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 loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, -6HIPA1 laa im vs. a ,e o Form 3039 9/90 Initials: /S .L G eooKi476 racE. 504 ~~~ at the option of Lender, if mortgab ,nsurance coverage (in the amount and :the period that Lender requires) prodded b}' an insurer approved by Lender again becomes at•ailable and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss resen•e, 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 Propert}•. Lender shall give Borrower notice at the time of or prior to an inspection specif}•ing reasonable cause for the inspection. 10. Condemnation. The proceeds of any an•ard or claim for damages, direct or consequential, in connection tcith an}' condemnation or other taking of an}' part of the Property, or for conve}•ance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Propert}•, the proceeds shall be applied to the sums secured b}• 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 Propert}• immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided b}• (b) the fair market value of the Property immediately 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 Propert}• immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable laty otherwise provides, the proceeds shall be applied to the sums secured b}' this Security' Instrument whether or not the sums are then due. [f the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, 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 1 and 2 or change the amount of such payments. I1. Borrower Not Released; Forbearance By Lender Not a Naiver. F,xtension of the time for payment or modification of amortization of the sums 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. bender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of an}• demand made by the original Borrower or Borrower's successors in interest. Any forbearance by I.,ender in exercising any right or remedy shalt not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers.'The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any fiorrotver who co-signs this Security Instrument but does not execute 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 Securit}• 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 by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without 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. I5. 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 conflict 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. -6H(PA) rearm Form 3039 9/90 Page a or s I nitia l5: /~~ 6 eooK1476racE .505 J~ G 16. liorrow-er's Copy. Borrows .nail be given one conformed copy of the ~;. ,;and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest is Borrower. If all or any part of the Property or an}- 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 itsoption, 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 bender 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 Borcower must pay all sums secured by this Security Instrument.lf Borrower fails to pa}• these sums prior to the expiration of this period, Lender may invoke an}' remedies permitted by this Securit}• Instrument without further notice or demand on Borrower. I8. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall hate the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 daps (or such other period as applicable laty 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 Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrumentshall 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 not apply 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 Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments 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 there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 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 [ iazardous 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. }}orrower shall promptly give !.ender written notice of any investigation, claim, demand, lawsuit or other action 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 necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances 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 the 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 17 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) that 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. Lender 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 foreclosure. 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 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument to Borrower. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 6HIPA1 199101 Form 3039 9/90 ~- Ppge 5 of 8 1f11L1815: /\AA~ BOOK1~76PAGE, SOS -J/1 23. ~1`aivers. Borrower, to the _tent permitted by applicable law, waives _ad releases any error or defecu in preceedings'to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for slay 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 Instrument shall 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 covenanu and agreemenu of each such rider shall be incorporated into and shall amend and supplement the covenanu and agreemenu of this Security Instrument as iF the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Q Adjustable Rate Rider Q Condominium Rider 0 1-4 Family Rider Q Graduated Payment Rider Q Planned Unit Development Rider Q Biweekly Payment Rider Balloon Rider ~ Rate Improvement Rider Q Second Home Rider ~ V.A. Rider Q Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenanu contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~PiFi.~wac 9j..~. (Seal) ~MES A. GROSS SR. -Borrower 9 ~~p,~ p S~//Ld'~ (seal) KIMBERLY I. OSS -Borrower Certificate of Residence (Seal ) -Borrower do hereby certify that the correct address of the wtthtn named Mortgagee is 3883 A I RWAV DRIVE , SANTA ROSA , CA 95403 Witness my hand this ~ ~,~ day of ~~.~.{~ ~ 7"%~S , Agent of Mortgagee COMMONWEALTH OF~P'1E~-NNSYLVANIA, LA01e ~(/~p County ss: On this, the (`rt' `' day of C~~r~ f~-/U ,before me, the undersigned officer, personally appeared JAMES A. GROSS SR., IMBERLV I, GROSS i `:~.. `~ ~~ " ~~" • `- known to me (or satisfactori proven) to be ~; '~ "thepet'sost~. `-.-, whose names Ga'2, subscribed to the within instrument and acknowt'~ed that ~, . ~ executed the~saine for the purposes herein contained. °. .. ; ~ ` `"~ ~iN WITiJE.SS WHEREOF, I hereunto set my hand and officials ~ . ~ ~' ~ 'My Commission Expires: f, - JI I .. /'. ..... I ~'., ~ ~,: ". Notarial Seal ~ f /~-6HIPA) cea im Stephanie E. Witmer, Notary Public Hampden Twp., Cumberland County My Commission Expires July 28.2001 tdemhei, reans;lvam- a ps~df Ntltaries (Seal ) -Dorrawer Page 6 P1 8 Bt1UK1476PAGE, 5O7 e ~-~!1 °7 I m 3039 9/90 SECURED LAND TRANSFERS lard LEGAL DESCRIPTION ALL THAT CERTAIN certain tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set in the western line of Gutshall Road (T-632) at lands now or formerly of Walter Miller; thence along the latter; South 72 degrees 03 minutes 09 seconds West, a distance of 203.33 feet to an iron pin; thence along the same, North 10 degrees 13 minutes 43 seconds West, a distance of 212.43 feet to an iron pin; thence along lands now or formerly of Richard Miller, North 71 degrees 20 minutes 23 seconds East, a distance of 108.31 feet to a point; thence along lands now or formerly of Dale Cameron, South O1 degree 39 minutes 30 seconds East, a distance of 30.00 feet to an iron pin; thence along the same, North 65 degrees 52 minutes 00 seconds East, a distance of 117.00 feet to an iron pin, said pin being 2,403.50 feet south of the centerline of Leidigh Road; thence along the western line of Gutshall Road, South 06 degrees 0.0 minutes 00 seconds East, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. HAVING THEREON ERECTED a one-Story ranch type dwelling house and other improvements known as 591 Gutshall Road, Boiling Springs, PA 17007. BEING FURTHER DESCRIBED in the map showing property of Dale Fetrow prepared by Jarrit J. Betz Associates, Inc., dated October 18, 1974. BEING THE SAME PREMISES WHICH Michael L. Eppler and Virginia D. Eppler by deed to be recorded simultaneously herewith in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, granted and conveyed unto James A. Gross, Sr. and Kimberly I. Gross. Stata o' Ponn,ylvania. Cou:~?y o` ~u~r6srland 86 4:=cod ~sd i^~?tie ^tsice per the recording of Deads .,t ~~, o'.Cy P '.. i BOOK14~6PAG~ SaB FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the #hirty (30) day period from the date of service. ,>~ VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdicfion of the court and the Plaintiffls Verificafion cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. ~~%~~l '~ Kimberly J. ong, squire WELTMAN, WEINBERG & REIS Co., L.P.A. ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 412.434.7955 www.weltman.com KIMBERLY J. HONG 412.434.6153 Fax 412.434.7959 khongQweltman.com August 14, 2001 NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: v. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendant. CUMBERLAND COUNTY SHERIFF DEPT. PLEASE SERVE DEFENDANT, JAMES A. GROSS, WITH THE COMPLAINT IN MORTGAGE FORECLOSURE AT 592 BUTSHALL RD., BOILING SPRINGS, PA 17007. Uery Truly Yours, ~C~,cs~~ Kasey L. Stack CLEVELAND zle.cas.looo COLUMBUS 614.228.7272 CINCINNATI 513.723.2200 DETROIT 248.362.6100 ~- ~ (~ o ~ ~ i' 3 C 1 ~ v y `.' ~ ~ ....~ ~ ~ SHERIFF'S RETURN - REGULAR CASE N0: 2001-04942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH AMERICAN MORTGAGE CO VS GROSS JAMES A SR ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GROSS JAMES A SR DEFENDANT the at 0955:00 HOURS, on the 28th day of August 2001 at 592 GUTSHALL RD BOILING SPRINGS. PA 17007 KIMBERLY GROSS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sworn and Subscribed to before a- me this i3 day of ,..,,.Gu. o2ot~/ A . D . ht e~l~ ~ rothonotary r-- by handing to R. Thomas Kline So Answers: 08/29/2001 WELTMAN WEINBERG & REIS By: De ty S eriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-04942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH AMERICAN MORTGAGE CO VS GROSS JAMES A SR ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KIMBERLY I was served upon the DEFENDANT at 0955:00 HOURS, on the 28th day of August 2001 at 592 GUTSHALL RD BOILING SPRINGS, PA 17007 KIMBERLY GROSS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6 ~ . 0 0 ..-P ~~/ ~~a .00 10.00 R. Thomas Kline .00 16.00 08/29/2001 WELTMAN WEINBERG & REIS Sworn and Subscribed to before By me this ,3/ ~ day of ,~~. o2no / A . D . ~~., e ~1a..P.P.~ , rothonotary ~~ NORTH AMERICAN MORTGAGE, Plaintiff v. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4942 CNIL ACTION-LAW ORDER AND NOW, this /Y ~ day of Nert.,.ly , 2002, the Sheriff of Cumberland County is hereby ordered to cause one additional publication of notice of the within real estate sale in the Patriot-News, whichpublication shall precede the Sheriff Sale scheduled for Wednesday, December 4, 2002. The Sheriff is further ordered to serve a certified copy of this Order and the within Petition upan the Defendants in the same manner as the original Writ of Execution was served, and serve copies of this Order and the within Petition by regular mail upon counsel for Plaintiff and upon all persons identified in Plaintiff's Affidavit under Pa. R.C:P. No. 3129.1. Upon compliazice with the foregoing, and absent furkher Order of this Court, the Sheriff is directed to expose the real estate, levied upon under the within writ, for sale on December 4, 2002, according to the usual and customary terms and conditions applicable thereto. eo~~~ ,>~~~C~~ ~~.~G~~ ~-~y x ff !1"~r~~.!PI ~,I~'~~:'ll 1/~i3 ~'i' - t+ ,, ~.~ ~.., -. .. :•s , an. --~ , a%,va'+~ .=.'d'„%Ha ~r 6n ~Ix+.u3En+:~a. ~Ri?k~ . F'.\FILES\DATAFILE\Gendoccur\I @82-pet 3/cny Cleated: 11114102 08.09'.16 AM Revised: 11/14/02 10:21:11 AM 102%2.1 NORTH AMERICAN MORTGAGE COMPANY, Plaintiff v. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4942 CIVIL ACTION-LAW PETITION TO SPECIALLY ADVERTISE A REAL ESTATE SALE AND NOW, comes the Sheriff of Cumberland County, by and through his solicitor, Edward L. Schorpp, Esquire, who avers as follows: Your Petitioner is R. Thomas Kline, the duly elected Sheriff of Cumberland County. 2. As part of his duties, the Sheriff is required to expose real property, levied under execution by judgment/mortgage creditors, for public sale under the applicable Pennsylvania Rules of Civil Procedure. 3. In addition to other notice procedures, Pa. R.C.P. No. 3129.2(d) requires the Sheriff to publish notice of each real estate sale once a week for three successive weeks in a newspaper of general circulation in the County and in the Cumberland County Law Journal, the first publication to be made not less than twenty-one (21) days before the date of sale. 4. The next regularly scheduled Sheriff Sale is set for Wednesday, December 4, 2002, at 10:00 a.m. 5. PursuanttoPa.R.C.P.No.3129.2(d),theSherifftimelyprovidedtothePatriot-News, a newspaper of general circulation in Cumberland County, sale bill notices of all real estate to be advertised for sale at the December 4, 2002 Sheriff Sale. 6. All of the parcels of real estate scheduled for sale, were advertised in the October 22 and October 29, 2002, editions of the Patriot-News. 7. Due to inadvertence, and without any direction from the Office of the Sheriff, the Patriot-News did exclude from its edition ofNovember 5, 2002, notices of three real estate sales, to wit, Real Estate Sale #24 (writ no. O1-4942), Real Estate Sale #25 (writ no. O1-6609), and Real Estate Sale #26 (writ no. 02-3548). 8. The real property levied upon under the within writ is one of the properties for which the third notice of sale was not published, to wit, Sheriff Sale Number 24. 9. The OfficeoftheSheriffwasnotinformedofthepublisher'serrorintimetoproperly cause the re-advertising of the three properties prior to the sale date; the first of the successive notices could not be published at least twenty-one days prior to the sale. 10. A postponement or other delay in exposing the parcels of real estate for sale would prejudice the Plaintiffs in Sheriff Sale Numbers 24, 25 & 26. 11. The failure to strictly comply with the sale notice procedures set forth in the Pennsylvania Rules of Civil Procedure was not caused by any of the parties to this action, nor by the Office of the Sheriff. WHEREFORE, R. Thomas Kline, Sheriff of Cumberland County, respectfully prays your Honorable Court to enter an Order directing the special advertisement of the real property, levied upon under the above writ, one additional time in the Patriot-News prior to the scheduled sale date of December 4, 2002, and to allow the Sheriff Sale to proceed accordingly. MARTSON DEARDORFF WILLIAMS & OTTO Bx~ss~~~, '' Edw-~. Schorpp, Esquire I. D. Number 17495 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ! l (~ ~-I02 Solicitor for Sheriff of Cumberland County VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. iiG~ \ R. homas Kline, eriff Dated: III 14 ~02 F9P[LPS\DATAPtLE\GendoccuA10282-pec3 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Specially Advertise A Real Estate Sale was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kimberly J. Hong, Esquire 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 MARTSON DEARDORFF WILLIAMS & OTTO BY ~C~i~~ /c ~ /1os7~ Christina N. Yost Ten East High Street Carlisle, PA 17013 (717)243-3341 Dated: !/((c~(pZ rl t r_ ..: ~~~; r. ~ T r i_ -_- ~>> ..c r` _ c_ c.~ -' -: `--~ i .i:- ~< '@~ -'<. __.. _ - wAM»~i. __ ~Fl _ €~-+sgrr ..,_ r ~xeaaasv6.~'++, IR~u3-i~rc: .aaua ~s~.nree~aea w~a3 u_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR, and KIMBERLY I. GROSS, Defendants. TYPE OF PLEADING: PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA LD. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7~' Avenue Pittsburgh, PA 15219 W WR #02076750 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County against Defendants, James A. Gross, Sr. and Kimberly I. Gross for the amount of: Judgment Amount $ 101,953.31 Interest at the rate of $ 19.63 per diem from 1-16-02 to 12-4-02 2. Late Charges thru 12-4-02 $ 6,320.86 $ 297.88 TOTAL $ 108,572.05 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. Costs (to be added by Prothonotary) Date: ~/ Kimberly J. Hong Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 f -n / _ ~^ I ~.. n p~ `' r ~1 ;~o. ae. .p ~ .gyp ~ r ~'°~ ~? ~~ ~~ Oco~~pQ '~ d ~ ~ ~ C ~~ JAI ~ ~ .`~~ ('' Il/ . a ,~~J r~ ~ •/]~ ~_, - - „ ~ ~-~ CST fr: ;~, ' - --- ti l> ~' ~~ ~ -G :. ate,: : _ °c ~~ ~ :~ :..:.:cam rn ~ iV :J 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 592 Gutshall Road, Boiling Springs, PA 17007 are Defendants, James A. Gross, Sr. and Kimberly I. Gross, who resides at 592 Gutshall Road, Boiling Springs, PA 17007, to the best of her information, knowle'd/ge~an~,d belie. r~ i~~ ////~~ KIMBERLY J. HONG, E QUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412)434-7955 Sworn to and subscribed before me ~2. .~ NOTARIAL SEAL ANGELA M. SCHOFIELD, NOTARY PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNTY MY COMMISSION IXPIRES MARCH 8, 2006 C,) ' -~ L,7.} f3 ~y 7 ,!'l (() ~w a el 'L7 -r i-~ ~ 'b ~ } ~ F° {ty v ~i's`r ~ S J ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANLA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S. 101, 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 Kimberly J. Hong, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about June 20, 2000, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 Take Action to Save Your Home From Foreclosure pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et. seq. The foregoing statement is true and correct to the best of my knowledge, information and belief. ~~ KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building, 436 7~' Avenue Pittsburgh, PA 15219 (412)434-7955 Sworn to Jan~d subscribed before me, this day of , 2002. NOTARIAL SEAL ANGELA M. SCHOFIELD, NOTARY PUBLIC :CITY OF PITTSBURGH, ALLEGHENY COUNTY n9Y COMMISSION IXPIRES MARCH 8, 2006 Ci ca ; } ~ CJ ;-~ r v ~'~i 3 ~ ~ '^s~ W. ~YI -~ ~~ ~G T j~.~i na Z _ °'~ ;.',;;~~~: -_. .. ~ ~9~9Ro-~sw-s~.!xrt:AA~uj!T~&?$fziare~r,{ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) North American Mortgage Company, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of James A. Gross, Sr. and Kimberly I. Gross, located at 592 Gutshall Road, Boiling Springs, PA 17007 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES A. GROSS, SR. AND KIMBERLY I. GROSS OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 592 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. DEED BOOK VOLUME 183, PAGE 819, PARCEL NUMBER 22-31- 2173-004 . The name and address of the owners or reputed owners: James A. Gross, Sr. and Kimberly I. Gross 592 Gutshall Road, Boiling Springs, PA 17007 2. The name and address of the Defendants in the judgment: James A. Gross, Sr. and Kimberly I. Gross 592 Gutshall Road, Boiling Springs, PA 17007 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. 5. 6. North American Mortgage Company (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: North American Mortgage Company (Plaintiff) The name and address of every other person who has any record lien on the property: NONE The name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NONE The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. r~/ e~ Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me ~_ NOTARIALSEAL ANGELA M• SCHOFIELD, NOTARY PUBLIC CI ~ COMMISSION IXP RES MARCH 8, P006TM C ~ :s - ~- _+ x -- ~ , f ~'_i - r N -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, vs. JAMES A. GROSS, SR., and KIMBERLY L GROSS, Defendants. N0: 01-4942 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James A. Gross, Sr. Kimberly I. Gross 592 Gutshall Road 592 Gutshall Road Boiling Springs, PA 17007 Boiling Springs, PA 17007 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2"a Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on December 4, 2002, at 10:00 A.M., the following described real estate, of which James A. Gross, Sr. and Kimberly I. Gross are the owners or reputed owners ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES A. GROSS, SR. AND KIMBERLY I. GROSS OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 592 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. DEED BOOK VOLUME 183, PAGE 819, PARCEL NUMBER 22-31- 2173-004. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. at Execution Number 01-4942 in the amount of $108,572.05, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. 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. The Writ of Execution 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the 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 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 Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have 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 PETITION WITH TAE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~• ~ ~~ O c_ r-~ ~' : n -~~~x~ ;,., _ - {~_ a ~; a -~. '~'G ~, , Z vii ~,1=~ '' ,_ ~ C ~ _ a -' ma - - c ..,. - ~~ .. ... §F§nnu&:.~rn. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. - ' LONG FORM DESCRIPTION ALL TEAT CERTAIN certain tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set in the western line of Gutshall Road (T-632) at lands now or formerly of Walter Miller; thence along the latter, South 72 degrees 03 minutes 09 seconds West, a distance of 203.33 feet to an iron pin; .thence along the same, North 10 degrees. l3 minutes 43 seconds West, a distance of 212.43 feet to an iron pin; thence along lands now or formerly of Richard Miller, North 71 degrees 20 minutes 23 seconds East, a distance of 108.31 feet to a point; thence along lands now or formerly of Dale Cameron, South O1 degree 39 minutes 30 seconds East, a distance of 30.00 feet to an iron pin; thence along the same, North 65.degrees 52 minutes 00 seconds East, a distance of 117.00 feet to an iron pin, said pin being 2,403.50 feet south of the centerline of Leidigh Road; thence along the western line of Gutshall Road, South 06 degrees 00 minutes 00 seconds East, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. HAVING THEREON ERECTED a one-story ranch type dwelling house and other improvements known as 591 Gutshall Road, Boiling Springs, PA 17007. BEING FURTHER DESCRIBED in the map showing property of Dale Fetrow prepared by Jarrit J. Betz Associates, Inc., dated October 18, 1974. .~. ,,, BEING the same premises which Michael L. Eppler and Virginia D. Eppler, by Deed dated August 10, 1998 and recorded in Cumberland County on August 19, 1998 at Deed Book Volume 183, Page 819 granted and conveyed to James A. Gross, Sr. and Kimberly I. Gross . Parecl No. 22-31-2173-004 WELTMAN, WEINBERG REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO O1-4942 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTH AMERICAN MORTGAGE COMPANY, Plaintiff (s) From TAMES A. GROSS, SR AND KIMBERLY I. GROSS, 529 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 (1) You aze duetted to lery upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,953.31 L.L. $.50 Interest AT THE RATE OF $19.63 PER DIEM FROM 1/16/02 TO 12/4/02 - $6,320.86 Atty's Comm % Due Prothy $1.00 Atry Paid $119.90 Other Costs LATE CHARGES THRU 12-4-02 Plaintiff Paid $297.88 Date: SEPTEMBER 3, 2002 CURTIS R. LONG Prothon (Seal) ~ ~8y_: _ /J/~~+ o i '/[YI/l.w. Deputy REQUESTING PARTY: Name KIMBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court H) No. 74950 ,; ~„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7'h Avenue Pittsburgh, PA 15219 WWR #02076750 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, vs. JAMES A. GROSS, SR., and KIMBERLY 1. GROSS, Defendants NO: 01-4942 LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriffs Sale has been served on each of the following Lienholders by Certificate of Mail on September 30, 2002. True and correct copies of said certificates of mail are attached hereto as Exhibit "A". WELTMAN, WEINBERG & REIS, CQ<; L.P.A. Notarial Sari Wendy L Gault, Notary Pu6~ Criy OF Pittsburgh, AI{ef)hern/ My emission F~,ares July 15.20(16 Merry-:.-'°.^~svivanra Assc~ar Of Nth Sworn to and sub: This~~ day of 2002. Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania15219 ~~x_ 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-0OSTMASTER l Receivetl Fmm:~ ~~ an,~W~i~nLl9fl1 & R61S yy., L,Pat Phtsburgh, PA 1" 9 ;, \; ~,.y e~ece of inary mail addre tc: r 1 l ~ O PS Farm 3t3'i /, January zuui ~ 1.Q ~cJ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURANCE-0OSTMASTER Received ~ ' ~18man, Weinberg ~ pals Co "~~~ P Avenue ;' c~_` ~,";: (412) 439.7 e ~ n r ~,.; ne place ofoNina mail address~~ ~ ~ ~'r PS Form 3817, January 2001 ~~ ~ ~.~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, GOES NOT, -~ PROVIDE FOR IN NCE-POSTMASTER ~~ ~ man, eln 4~~'' Receivetl Fm ~s ~ B1 & Reis Co~~~rq. ~. , (412) p34.' PA 15219 G 1, <~%; ` `I':('` O f ordinary mail addressed to: ~r ` l ~ls ~ I0 ~ PS Fortn 3817, January 2001 L,1 ASS 7 ~~ IX~IIBIT /~ Itf ~ ~ ~ O` ~ O 2 tt ~ IZ! UJ !~ ~ i ~ I tti t; t ~ a trt ~~ •1 ~I ~tt7 ~ ~ d {') C? i l (_ ~J 'i~ l~ ~`~ a CJ _. r,S: _ ~ .... .. T ~i~-} ` r~' -tt .~. _ _.. -C<> '~'- (_i - -tJ I-~ ~~ -{ t,J -< Y~ `P~i• rR4m, ..~L ~ F ~a.K ~e••5.+~ ~K'nK3bsfl~`MC~&c~9. a`+n5~S3F~'iP.Ai ~€y95v5 .. }___.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants TYPE OF PLEADING: DEFENDANT AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7'h Avenue Pittsburgh, PA 15219 WWR #02076750 NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriffs Sale has been served on the Defendants, James A. Gross, Sr., and Kimberly I. Gross. 1. On or about September 9, 2002, Plaintiff mailed Defendants, a copy of the Notice of Sheriffs Sale, by certified mail, return receipt requested, to 592 Gutshall Road, Boiling Springs, PA 17007. 2. On or about September 6, 2002, Plaintiff received the signed certified mail receipt indicating that a copy of the Notice had been served on the Defendants. A true and correct. copy of said signed certified mail receipt is marked Exhibit "A". ~ =' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO: 01-4942 AFFIDAVIT OF SERVICE Ndan~a! Saal ~' Df ~~ W~ ''~ °~9' ~Ib Mf' Commissrori Er~`es~ WY 15. Me"'her,PennsyWarea wspr Sworn This day of me ry 2002. Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 i ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~o~~s~. q~,~ssi sir ~~~ ~j ~ a~ I~ A. Signature X ~~i.s ^ Agent B~. 3ecelvetl by (Printed Name) G. Data of Deliver, I~`~ i i~t C/mss g-~,-dz- D. Is delivery address different from Item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ~Certlfied Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee/ ^ Yes z., 7002 0860 008 6633 X427 l .__._..._..._......,,,a ~„ PS Form 381 1, August 2001 Domestic Return Receipt ^ Complete items t, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~(,li'YI. I. ~~.. ~ ~~ `~ 6~~~ '~~ A. Signature x Ada ii 102595-02-M-15 Agent B. ceived by (Printed Name) C. Date of Delivery .IfiI`rri ~r~'S y-da-oZ D delivery address different from Rem t? ^ Yes If YES, enter delivery address below: ^ No 3.-~~`Sejff'~~~ice Type ~ Certified Mail ^ Express Mail /^ egistered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.O. 4. Restrictetl Delivery? (Extra Fee) ^ Yes z. 702 086^ X008 6633 0410 PS Form 3811, August 2001 Domestic Return Receipt to2595~o2-M-ts ,C' iw .. ~ ~: C- h5 ``-' r ' ~' . ..1, ~ ' l- ~ f3 T '"" - " '1 ~t . ,- G: (-'14" ,itl - _ ~ -+:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff No. 01-4942 vs. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, PRAECIPE FOR DEFAULT JUDGMENT Defendants I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: clo Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 AND THE DEFENDANT IS: 592 Gutshall Road Boiling Springs, PA 17007 Kimberly J. Hong PA I.D. NO. 74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building WELTMAN, WEINBERG & REIS CO., L.P.A. f7 BY: , , ~~ ~~ ~/ ATTORNEYS FOR~PLAINTIFF 436 7`" Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02076750 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff vs. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants TO THE PROTHONOTARY: No. 01-4942 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendants, James A. Gross, Sr. and Kimberly I. Gross, above named, in the default of an Answer, in the amount of $101,953.31 computed as follows: Principal Interestthru 1/5/02 at the legal interest rate of $19.63 per diem Late Charges through 1/5/02 Escrow thru 1/5/02 Suspense Balance thru 1/5/02 Total Fees thru 1/5/02 NSF Charges thru 1/5/02 Other Fees Due thru 1/5/02 Execution Costs thru 1/5/02 Attorneysfeesthru 1/5/02 Title Search TOTAL Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7`h Avenue Pittsburgh, PA 15219 (412) 434-7955 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: $ 92,460.16 $ 7,208.56 $ 407.56 $ 673.03 $ (60.00) $ 14.00 $ 280.00 $ 120.00 $ 0.00 $ 800.00 $ 50.00 $ 101,953.31 ~'` ~~~/Y~ '. r AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By: CC~i'~~ Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7"' Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff vs. JAMES A. GROSS, SR. and KIMBERLY I GROSS, Defendants TO: James A. Gross, Sr. 592 Gutshall Road Boiling Springs, PA 17007 Date of Notice: September 19, 2001 Civil Action No. 01-4942 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 WELTMAN, WEINBERG & REIS CO., L.P.A. r By: ~~~~ ~ ~~. Kimberly J. Hong ' ~ Weltman, Weinberg & Reis co. L.P.A. 2601 Koppers Building 436 7'" Avenue Pittsburgh, PA 15219 (412)434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff vs. JAMES A. GROSS, SR. and KIMBERLY I GROSS, Defendants TO: Kimberly I. Gross 592 Gutshall Road Boiling Springs, PA 17007 Date of Notice: September 19, 2001 Civil Action No. 01-4942 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 WELTMAN, WEINBERG & REIS CO., L.P.A. Kimberly J. Hong Weltman, Weinberg & Reis co. L.P.A. 2601 Koppers Building 436 7`h Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~' ~~ 0 ~~ 0 c ~J r_ `,;. ~~ ~;~ ~~, ~, .~. ~y t_~ r:., :n c.a T -~ t ;= ~ ,, vrr~~s-- N) fix;=gP~i x :, »a: .~?•,ems,,.vrta*eg'.a4~~Yc~"~i~4~:~§ki.~. }+.~?m. .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Washington Mutual Bank F A succesor to Noah American Mtg Co is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Execution issued on the 3rd day of Sent, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4942, at the suit of North Americah Mtg Co against James A Gross Sr & Kimberly I is duly recorded in Sheriff s Deed Book No. 256, Page 621. IN TESTIMONY WHEREOF, I have hereunto set my hand and.seal of said office this ~~ day of ~V_~, A.D. 2003 of Deeds Ik°°M°Oo~~~ ~j~ :<„ North American Mortgage Company In The Court of Common Pleas of VS Cumberland County, Pennsylvania James A. Gross, Sr. and Writ No. 2001-4942 Civil Term Kimberly I. Gross Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 10, 2002 at 8:41 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James A. Gross, Sr., by making known unto Kimberly Gross, wife of defendant, at 592 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 10, 2002 at 8:41 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly I. Gross by making known unto Kimberly Gross, at 592 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 8:48 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James A. Gross, Sr. and Kimberly I. Gross located at 592 Gutshall Road, Boiling Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: James A. Gross, Sr., by regular mail to his last known address of 592 Gutshall Road, Boiling Springs, PA 17070. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Kimberly I. Gross, by regular mail to her last known address of 592 Gutshall Road, Boiling Springs, PA 17070. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kimberly Hong for Washington Mutual Bank, FA, successor to North American Mortgage Co. It being the highest bid and best price received for the same, Washington Mutual Bank, FA, successor to North American Mortgage Co. of 8120 Nations Way Building, Jacksonville, FL 32256, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $790.22, it being costs. Sheriffs Costs Docketing $30.00 Poundage 15.49 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.28 Certified Mail 9.75 Levy 15.00 Surcharge 30.00 Law Journal 297.95 Patriot News 222.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $790.22 Sworn and subscribed to before me So Ans ers: This ~~ day of ~ ~"'~~ R. Thomas Kline, Sheriff 2003, A.D. - , othonotary ~ BY ~ _ Real Estate Deputy ~~ 3a.'~ ~ /3G X63 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORT$ AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) North American Mortgage Company, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of James A. Gross, Sr. and Kimberly I. Gross, located at 592 Gutshall Road, Boiling Springs, PA 17007 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES A. GROSS, SR. AND KIMBERLY I. GROSS OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 592 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. DEED BOOK VOLUME 183, PAGE 819, PARCEL NUMBER 22-31- 2173-004 . The name and address of the owners or reputed owners: James A. Gross, Sr. and Kimberly I. Gross 592 Gutshall Road, Boiling Springs, PA 17007 2. The name and address of the Defendants in the judgment: James A. Gross, Sr. and Kimberly I. Gross 592 Gutshall Road, Boiling Springs, PA 17007 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: North American Mortgage Company (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 4. The name and address of the last record holder of every mortgage of record: North American Mortgage Company (Plaintiff) 5. The name and address of every other person who has any record lien on the property: NONE 6. The name and address of every other person who has any record interest in the property and whose interest maybe 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 maybe affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 The infonnation provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to~aujtlhor~ities. tip ~~~~ Kimberly J. ~Iong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me N07ARIAL SEAL ANGELA M. SCHOFIELO, NOTARY PUBLIC CI ~ CO MISSICNGEXPIRESMRRCH 8, P0O6TM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS> SR., and KIMBERLY I. GROSS, Defendants. - - " LONG FORM DESCRIPTION ALL TEAT CERTAIN certain tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set in the western line of Gutshall Road (T-632) at lands now or formerly of Walter Miller; thence along the latter, South 72 degrees 03 minutes 09 seconds West, a distance of 203.33 feet to an iron pin; .thence along the same, North 10 degrees. l3 minutes 43 seconds West, a distance of 212.43 feet to an iron pin; thence along lands now or formerly of Richard Miller, North 71 degrees 20 minutes 23 seconds East, a distance of 108.31 feet to a point; thence along lands now or formerly of Dale Cameron, South O1 degree 39 minutes 30 seconds East, a distance of 30.00 feet to an iron pin; thence along the same, North 65.degrees 52 minutes 00 seconds East, a distance of 117.00 feet to an iron pin, said pin being 2,403.50 feet south of the centerline of Leidigh Road; thence along the western line of Gutshall Road, South 06 degrees 00 minutes 00 seconds East, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. HAVING THEREON ERECTED a one-story ranch type dwelling house and other improvements known as 591 Gutshall Road, Boiling Springs, PA 17007. BEING FURTHER DESCRIBED in the map showing property of Dale Fetrow prepared by Jarrit J. Betz Associates, Inc., dated October 18, 1974. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGA_ GE COMPANY, Plaintiff, N0: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James A. Gross, Sr. Kimberly I. Gross 592 Gutshall Road 592 Gutshall Road Boiling Springs, PA 17007 Boiling Springs, PA 17007 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2"a Floor Cumberland County Courthouse Commissioners Hearing Room Cazlisle, PA on December 4, 2002, at 10:00 A.M., the following described real estate, of which James A. Gross, Sr. and Kimberly I. Gross aze the owners or reputed owners ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES A. GROSS, SR. AND KIMBERLY I. GROSS OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 592 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. DEED BOOK VOLUME 183, PAGE 819, PARCEL NUMBER 22-31- 2173-004 . The said Writ of Execution has been issued on a judgtnerit in the mortgage foreclosure action of NORTH AMERICAN MORTGAGE COMPANY, - Plaintiff, vs. JAMES A. GROSS, SR., and . KIMBERLY I. GROSS, Defendants. at Execution Number 01-4942 in the amount of $108,572.0$, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution: 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 (1 Oj days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your park is necessary. 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 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 Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have 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 1N THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. -~/~~- Kimberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. '. LONG FORM DESCRIPTION 'ALL TEAT CERTAIN certain tract of land with the improvements thereon erected situate in Monroe Township, Cumberland.County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set in the western line of Gutshall Road (T-632) at lands now or formerly of Walter Miller; .thence along the latter, South 72 degrees 03 minutes 09 seconds West, a distance of 203.33 feet to an iron pin; .thence along the same, North 10 degrees 13 minutes 43 seconds West, a distance of 212.43 feet to an iron pin; thence along lands now or formerly of Richard Miller, North 71 degrees 20 minutes 23 seconds East, a distance of 108.31 feet to a point; thence along lands now or €ormerly of Dale Cameron, South O1 degree 39 minutes 30 seconds East, a distance of 30.00 feet to an iron pin; thence along the Same, North 65.degrees 52 minutes 00 seconds East, a distance of 117.00 feet to an iron pin, said pin being 2,403.50 feet south of the centerline of Leidigh Road; thence along the western line of Gutshall Road, South 06 degrees 00 minutes OO seconds East, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. HAVING THEREON ERECTED a one-story ranch type dwelling house and other improvements known as 591 Gutshall Road, Boiling Springs, PA 17007. BEING FURTHER DESCRIBED in the map showing property of Dale Fetrow prepared by Jarrit J. Betz Associates, Inc., dated October 18, 1974. WRIT OF 1;XECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-4942 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTA AMERICAN MORTGAGE COMPANY, Plaintiff (s) From JAMES A. GROSS, SR AND KIMBERLY I. GROSS, 529 GUTSHALL ROAD, BOILING SPRINGS, PA 17007 (1) You aze duected to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garxdshee, you aze duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,95331 L.L. $.50 Interest AT THE RATE OF $19.63 PER DIEM FROM 1/16/02 TO 12/4/02 - $6,320.86 Atty's Comm % Due Prothy $1.00 Atty Paid $119.90 Other Costs LATE CHARGES THRU 12-4-02 Plaintiff Paid $297.88 Date: SEPTEMBER 3, 2002 CURTIS R LONG Prothono ~ G (Seal) ym / `KY• G(/JQ~,q~ / ~/ llniftt~ Deputy REQUESTING PARTY: Name KIMBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone:412-434-7955 Supreme Court ID No. 74950 .~. Real Estate Sale # 24 On September 6, 2002 the sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA known and numbered as 592 Gutshall Road, Boiling Springs more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2002 By: J««~.y ~,,,~, Real Estate Deputy ~ A~~.; ':.s;; ~~}~ ,, -~ x`.fli1W - _ _ k'~!'SRNM1P~flA°!91 w-+F"aim; Tm§~TtiavFa+Y3ebWBiie~ge~~lk~, ;5' P (^.pnn~ ..m _.. _ 1 ~ r. o ~} v 4 VF=3, - , . , i f ~ I` r 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 21st day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Da phin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION .............`'.`.... ..................................................................... COPY Sworn to and subsc bed before m this 22nd da of Nov er 2002 A.D. SALE #24 Notarial Seal Teny L. Russell, Notary Public Ciry Of Harrisburg, Dauphin . My CommissionExplresJune6,2006 N AR PUBLIC Member,PennsVlvaniaASSOCiatinnOfNOtaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 73.60 Probating same Notary Fee(s) $ Total $ 73.60 Publisher's Receipt for Advertising Gost The Patriot News Co., publisher of The Patriot-News and The Sunday 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 .................................................................... REAL ESTATE SALE No. 24 6yrit No. 200b4942 Civil Term North American Mortgage Company vs James A. Gross, Sp. .. - And Kimberly 1. Gross Atty Kimtierly,Hong~ i toNGFGeMnESCRIPnore ' ~ALL~THAT CEKPAW tract .M land with the ;.)hiproi'ements therepn erected situate fn Mon[oc .!Township, Gumberiand Cwnty, Pennsylvania, -1punAed mtd described as follows: BEGINNING et un iron pin set in the western line ~idPGd'tshall'Road IT532) at7adds nmv cv formerly :;afWdltei Miller, thence alone the Iatte[, $ouch 72 ;.`.degaes.B3 minutes 99 zumtds (Yes!, adisbance of ': "Qi.33'.Y~et to an irou pm; Iheiice along the same, %Voith f0 degrees 17 mrnntes 43 seamds West, a ~-'dinmice~oi;N2.43 feet to an Son pid; lhencealong 15nd-aiow or [ommriy of Richard Mdler, Nanh 71 r,,~egtas2l) mipnlcs 23 rcpnds East, a dis'lancc of _' l.llfi.31 feet to a paint, thence along Lvids mw or fdrinerlp of Dale Cameron, Soutfi 61 degree 39 ::Nindtes 30 semnds East, a 8istance ot3U.W feee "';o an iron pin: (hence xlpng the same, Nbr[h 65 ..,.w...-.._........._.,....,._._ ~.._ , e..r -, __._ . ~fcet smidr of the crnterlme of Ixuheh Raad; ~: thence aiong Lhe western lipe of Gptsfiall Rnad, ~$buth ~PS..de {egs ~QQ mmn(r~ W sechnds Fast a ~Slistanrg of ~Q(111d fast N nit icon pin, the' Place of SEGIiWi iNG. ~''HAG'L~TG THEREGN h-REC`fED a orte-srory ranch .type dwelling ho'ase and other imptdvemenfs mown as 59I GnLchalC Road, &tTmgS`pringgs, PA 17(>h7 13F,LNG FURTHER. DESCRBED in dic map Showing Proi>~X.of ~~ Felmw. nrepaied by 17amt I. Beh Associates, Inc, dated October 1$, I_L924`___ _-__.__ -_- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publicafion of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I -~ Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER. 2002_ REAL ESTATE SA~i L NU. 24 Writ No. 2001-4942 Civil North American Mortgage Company vs. James A. Gross. Sr. and Kimberly I. Gross Atty.: Kimberly Hong LONG FORM DESCRIPTION ALL THAT CERTAIN certain tract of land with the improvements there- on erected situate in Monroe Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at an iron pin set in the western line of Gutshall Road (T-632) at lands now or formerly of Walter Miller; thence along the lat- ter, South 72 degrees 03 minutes 09 seconds West, a distance of 203- .33 feet to an iron pin: thence along the same, North 10 degrees 13 min- utes 43 seconds West, a distance of 212.43 feet to an iron pin; thence along lands now or formerly of Ri- chazd Miller, North 71 degrees 20 minutes 23 seconds East, a distance of 108.31 feet to a point; thence along lands now or formerly of Dale Cameron, South Ol degree 39 min- utes 30 seconds East, a distance of 30.00 feet to an iron pin; thence along the same. North 65 degrees 52 minutes 00 seconds East, a dis- tance of 117.00 feet to an iron pin, said pin being 2,403.50 feet south of the centerline of Leidigh Road; thence along the western line of Gutshall Road, South 06 degrees 00 minutes 00 seconds East, a distance of 200.00 feet to an imn pin, the Place of BEGINNING. HAVING THEREON ERECTED a one-story ranch type dwelling house and other improvements lmown as 591 Gutshall Road. Boiling Springs, PA 17A07. BEING FURTHER DESCRIBED in the map showing property of Dale Fetrow prepared by Jarrit J. Betz Associates, Inc., dated October 18, 1974.