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HomeMy WebLinkAbout07-3303IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, NO.: Plaintiff, vs. CHARLES D. RIDDLE, Defendant. TYPE OF PLEADING: CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTRNEY FOR PLAINTff? I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 2780 Lake Vista Drive Lewisville, TX 75067-3884 AND THE DEFENDANT IS: 10 Walnut Lane Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 10 Walnut Lane Lower Allen, PA (CITY, BORO, ??ll (WARD) U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ATTOLRNEY FOR PLAINTIF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, NO.: Plaintiff, VS. CHARLES D. RIDDLE, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, NO.: ().7 - J3&.3 &c 'T Plaintiff, VS. CHARLES D. RIDDLE, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, which has its principal place of business at 2780 Lake Vista Drive, Lewisville, Texas 75067-3884 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Charles D. Riddle, is an individual whose last known address is 10 Walnut Lane, Camp Hill, Pennsylvania 17011. 3. On or about March 6, 2003, Defendant executed a Note in favor of Conseco Bank, Inc. in the original principal amount of $102,000.00. A true and correct copy of said Note is marked Exhibit "A," attached hereto and made a part hereof. 4. On or about March 6, 2003, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Conseco Bank, Inc. a Mortgage in the original principal amount of $102,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 6, 2003, at Mortgage Book Volume 1799, Page 3651. 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. Conseco Bank, Inc. assigned all of its right, title and interest in and to aforesaid Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on October 3, 2003, at Mortgage Book Volume 702, Page 2285. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the October 11, 2006 payment. 8. On or about April 26, 2007, Defendant was mailed combined Act 91 and Act 6 Notices, via certified mail, return receipt requested, and by first class mail, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S.'101, et seq. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 99,755.70 Interest to 5/31/07 $ 7,556.82 Late Charges to 5/31/07 $ 559.80 Escrow Deficiency to 5/31/07 $ 0.00 Corporate Advances $ 205.50 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $111,827.82 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $111,827.82 with interest thereon at the rate of $28.70 per diem from May 31, 2007, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: ? ") ?. C. Kris ' e M. Anthou, squire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" GT-15-00.09212101) i APP # 03021 NOTE # 69-15750 8-3 ......... March 6, 2003 Camp Hill Pennsylvania ...........?Liate).................... ............................ ................................................. ;Ctyl..... . . (Sterol 10 Walnut Lane Camp Hill; Pennsylvania 17011 ................................................................................. [Property Addrassl ""' 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $ ,,,102: 000 :oo .. (this amount Is called "Principal"), 31us interest, to the order of the Lender. The Lender is conseco sank, inc., cottonwood Corporate Center, 82s 8 Cottonwood Prky 230, Salt Lake City, UT 84221 """""""""' .................................................................................................................................... .......................................................................................................................................... . I will make all payments under this Note in the form of cash, check or money order. 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 0 500 paid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of .......:......... %. Interest will be charged beginning on March 11, 2003 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) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: SL 1 will make 360 payments of $.933 :03 lltti' .................. Month each on the ...................................................... of each ............... ....... make ........ pa y y... . ments a...... as fol. fol. lows: .,................... beginning on ...Apri... 11...2003 will .......................... . b)n addition to the payments described above, I will pay a "Balloon Payment" of $ ............. on .................. The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due, (8) Maturity Date and Place of Payments I will make these payments as scheduled until 1 have paid all of the Principal and interest and any other charges described below that 1 may owe under this Note. My periodic pa m nts will be applied as of its scheduled due date and will be applied to interest before Principal. If, on ..t a?c). 11,...2.03.3.. still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my periodic payments at , Conseco Finance, 7360 South Kyrene Road, Tempe, AZ 85283 ..................................................................................................... ................... or at a different place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY 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 i writing if?et 1 am qOInQ S0. 4 I WIII pa al 8 Pf8/8ymenY genaJt /\ Of six months interest on the net unpaid loan amount the ant re loan balance is p id wit in 36 mon he r the bate o['?the*loin .................................................................................................................. ......................................................................................................... if I prepay this Note in full. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my periodic payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets 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: la) 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 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 10e Note Holder has not received the full amount of any periodic payment by the end of ..•••-••••••••.•• ............. 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 ....... ..............%24fAt7HSX$7F7Flc?lgjldS?Kf<f2rx? I will pay this late charge promptly but only once on each late payment. (B) Default payment If I do not pay the full amount of each periodic payment on the date it is due, I will be in default. IC) 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 all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in d full as described above, the Note Holder will still t have t he right to do so if I amu in default at a immediately ly in MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) GT-15-00-092 12/011 (paps r of 2 papas) Sankwa Sys,"ms. Inc.. SL Clow, MN Form OT-MPFRN-LA2 21212001 #111103 a ?, R ?. _ W IE) Payment of Note Holders Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses In enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 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 given by mailing it by first class mail to the Note Holder at the address stated in Section 3(81 on page 1 of this Note or at a different address 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 guarantor, surety or endorser of this Note Is also obligated to do these things. Any person who takes over these obligations, including the obligations of the 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. ARBITRATION All disputes, claims, or controversies arising from or relating to the extension of credit evidenced by this Note or the relationships which result therefrom, or the validity of this arbitration clause or the entire Note, shall be resolved by binding arbitration by one arbitrator selected by Note Holder with my consent. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, Title 9 of the United States Code. Judgment upon the award rendered may be entered in any court having jurisdiction. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes in court, but that they prefer to resolve their disputes through arbitration, except as provided herein. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY NOTE HOLDER (AS PROVIDED HEREIN). The parties agree and understand that all disputes arising under case law, statutory law, and all other laws including, but not limited to, all contract, tort, and property disputes, will be subject to binding arbitration in accord with this Agreement. I agree that I shall not have the right to participate as a representative or a member of any class of claimants pertaining to any claim arising from or relating to the extension of credit evidenced by this Note. The parties agree and understand that the arbitrator shall have all powers provided by law and the Note. These powers shall include all legal and equitable remedies, including, but not limited to, money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereunto the contrary, Note Holder retains an option to use judicial or non-judicial relief to enforce a security agreement relating to the collateral secured in a transaction underlying this arbitration agreement, to enforce the monetary obligation or to foreclose on the collateral. Such judicial relief would take the form of a lawsuit. The institution and maintenance of an action for judicial relief in a court to foreclose upon any collateral, to obtain a monetary judgment or to enforce the security agreement, shall not constitute a waiver of the right of any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this Note, including the filing of a counterclaim in a suit brought by Note Holder pursuant to this provision. For purposes of this arbitration clause, the term "parties" means Note Holder and the undersigned borrower(s), collectively. 10. 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. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. It 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. 12. BALLOON PAYMENT DISCLOSURE [Complete the Balloon Payment notice below if this Note provides for a Balloon Payment at Section 3(A) on page 1 of this Note.] THIS LOAN IS PAYABLE IN FULL .......... N/A . ............. .................. ......... I MUS REPAY THE ENTIRE PRINCIPAL 8ALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, WHICH MAY BE A LARGE PAYMENT. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. 1 WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR 1 WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, 1 MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAME LENDER. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Cfiiiles ' D Ric)c3?el." is?l .....................................ISeal) amoww ........................................... .......................................... ISeai) [Sign Original Only] 11-k- 6YFt-, inc., St. cloud. MN Form GT.MPFRN4A2 21212001 GT•16.00-092 (2/01) (,9890 2 0 2 01.96 J Exhibit "B" QT R 'IECL -P 1! i-.^ U °uFZ OF DEEDS - DE11LAND COUNTY-r,', A111 31 Commonwealth of Pennsylvania Space Above This LAw For Recording Data G7.15.33090 llrot) Return To: OPEN-END MORTGAGE Application n # 6915750183 Conseco Finance Attn: Mail Stop T-314 This Mortgage secures future advances 7360 south $Kyyrreene Road ........................ 1 mpfiA A1vD3PARTIES. The date of this Mortgage (Security Instrument) is .March 6, 2003 and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: Charles D Riddle A SINGLE MAN ......If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Conseco Bank, Inc. Cottonwood Corporate Center 2825 E Cottonwood Prky 230 Salt Lake City, UT 84121 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described propertyParcel ID: PARCEL #13-24-0797-040 T See Exhibit A for the Legal Description PENNSYLVANIA - MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA) GT-15-39.090 (1101) !per 1 of 7I E 059; t& O 1994 BWftM 5VMmk W_ SL Cbud. MH PWm G1M-MTGLAZPA 1!9!2001 e o1 i799PG36151 Form IV #111184 The property is located in ..Cumberland . at ................................ (COUMO 10 Walnut Lane Camp Hill „ , Pennsylvania 17 . i ................................................... ................................ (Addmn) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LINIT. le t8te principal amount secured by this Security Instrument at any 02 one time shall not exceed $.... 1.....' ......................................... This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) Note dated March 6, 2003, between Conseco Bank, Inc. and Charles D Riddle, for $102,000.00, maturing March 11, 2033. B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all paytnenis under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. GT-15-39-090 (1/01) t~ 2 of 71 O 1994 Senkere Syepme. Ire.. 9t. OftA. MN Form GTI+WGLAZPA IM2001 Z> Q W1799PG35-52. 6. WARRAN'T'Y OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payrents, ground rents, utilities, and other charges relating to the Property when due. Lender may require mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and snake all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may,, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection, Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney-in-fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is- discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. LEASEHOLDS; CONDObENIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. GT-15-35.090 (1101) ("99 33OOf 7) 0 IMM Bwkwf BYrM& ho.. SC CIWA. MN Poem GTH-MTGIAZPA 11912001 . =+?- 6K-1 7 9 9.PG'3 6:5:3 13. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to snake payment when due. -Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guaranteeing the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 14. REMEDIES ON DEFAULT. In some instances, federal and state law will- require Lender to provide Mortgagor with notice of the right to cute or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is-in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand amounts incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender s rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive' letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor-represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property . B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. GT•15-39.090 41/011 Ipape 4 of W f5(1 Wr? 0 1994 ew*ws STstsms, bm. St. Good. MN Form OTH-MTGLAZ?A 119/20D1 ew>^ B K I .7.9 9 PG3.6:5 4 C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. 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 Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not [Wade immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to lender to the extent of the Secured Debt immediately before the acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. FINANCIAL REPORTS AND ADDITIONAL DOCUhl[ENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured OT--15-39-090 (1101) (p*9* 5 0 7) EaCo& b• O 1094 BW*m SYUWM VC., 84 OWA. MN Form OTN•MTGL%ZFA 1/9 MI ?•a 0-17-99PG 365.5 Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terns of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 22. APPLICABLE LAW; SEVERABIILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. Any provision that appoints Lender as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). Lender, by exercising any of its rights under this Security Instrument, does so for its sole benefit. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 23. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. o 25. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ...... Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ...... Construction Loan. This Security Instrument secures an obligation incurred for the construction of an imprbvcmer:t-oa phe,Property. ...... Fixture Filing. Mortgagor grants to Leader a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ...... Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ...... NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. GT• 16.39.090 111011 (~6 of 71 O 1994 60*W4 SV%t*nW hw , SL CbW. MN Form Ca WWOLAZPA 7/9/2001 C-a2 BK179'9PG 365.6 ..... Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable items) ...... Condominium Rider ...... Planned Unit Development Rider ...... Other .................................. N/A, Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the tetras and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. :. D ......................., (signaure) Cizarl:es ?RiEic??e (Dau> .........)......... .......... .................. •.............. (Due).... igrowre .................................................................. (Signature) (Date) ........... .. .......................... (Witness) ................................................................. (signature) (t)are) ................................................................. (Witnew) ACKNOWLEDGMENT: COMMONWEALTH OF ., Pennsylvania COU OF ...:. ,Cumberland ) ss. t+? .... ...... ?(.. , On this, the .....?.......... day of .......'r...cr ,before meA77K?1 • Ondlviduat) Charles D Riddle the undersigned officer, personally appeared .......................................................................... .......................................................................................................................... . known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within tinstrtiinent, at:d ackhowle4ged'that•be/she executed tl,ie same for the purposes'therein cedtaihed. In witness whereof, I hereunto set my hand and official seal. NONICH SEAL Mycommission xpiHIAL.NiCHOLS.NotaE302 ubliC `• ,: '?% (spt) Mghepl $W(g Boro. CurrlbedCoon?y r. ;Od M commission Expires iaw6 OQT n??y....e.i,.................. rue or Officer ti ' ts}? certified that the address of the Lender within named ts........ Conseco Bank, Inc. . ................... I? t?C?-?Cd corporate center, 2825 B Cottonwood Prky 230: Salt LakeCity:,.UT*•,84121 . 1994 @nkws SyMms. Inc.. 9t. CloW, MH Form QTH*rrQ.ATPA 119!!001 OT-1 5-39-090 (1/01) (pays 7 of 7) 8K.I79:9PG3651 EXHIBIT A Legal Description: ALL THAT CERTAIN TRACT OR PIECE OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERLY LINE OF WALNUT LANE, WHICH POINT IS 90.4 FEET WESTWARDLY OF A NORTHWESTERLY CORNER OF WALNUT CIRCLE AND WALNUT LANE, AND AT DIVIDING LINE BETWEEN LOT NOS. 7 AND 8 ON.THE HERINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE NORTHERLY LINE OF WALNUT LANE, SOUTH 58 DEGREES 21 MINU'T'ES WEST, 70 FEET TO A POINT AT DIVIDING LINE BETWEEN LOTS NOS. 6 AND 7 ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE, NORTH 31 DEGREES 39 MINUTES WEST 133.11 FEET TO A STAKE; THENCE SOUTH 87 DEGREES 09 MINUTES EAST, 84.95 FEET TO A STAKE AT DIVIDING LINE BETWEEN LOT NOS. 7 AND 8 ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE, SOUTH 31 DEGREES 39 MINUTES EAST, 85 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A BRICK RANCH DWELLING KNOWN AND NUMBERED AS 10 WALNUT LANE, CAMP HILL, PENNSYLVANIA. BEING LOT NO. 7, BLOCK "F," PLAN OF LOTS KNOWN AS CUMBERLAND PARK, WHICH PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA. SUBJECT TO CONDITIONS AND RESTRICTIONS OF RECORD. PARCEL #13-24-0797-040 T Parcel ID: PARCEL #13-24-0797-040 T i Certify this to be recor ` d In Cumberland County 1 A Recorder of Deeds 7-9.9*PG 36-5.8 VERIFICATION The undersigned and duly-authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa C.S.A. § 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are trueInd correct to his info and belief. ?\ W Q b d r .M1 na f.? G_ 1 L' W trt?? W 0 T t'?Z :xj C7 i- -T7 -5c J? 0 to U.S. BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF as Trustee for the Green Tree CUMBERLAND COUNTY, PENNSYLVANIA Home Loan Grantor Trust 2003-A,: Plaintiff V. : Civil Action - Complaint : in Mortgage Foreclosure CHARLES D. RIDDLE, Defendant : No. 07-3303 Civil Term NOTICE TO PLEAD TO: Plaintiff, U.S. Bank National Association and its attorney, Kristine M. Anthou You are hereby notified to file a written response to Defendant's enclosed new matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: J By: Bradford Dorrance I.D. No. 32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT U.S. BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS OF as Trustee for the Green Tree : CUMBERLAND COUNTY, PENNSYLVANIA Home Loan Grantor Trust 2003-A,: Plaintiff V. Civil Action - Complaint in Mortgage Foreclosure CHARLES D. RIDDLE, Defendant No. 07-3303 Civil Term ANSWER TO COMPLAINT WITH NEW MATTER 1-2. Admitted. 3-9. The averments are denied to the extent they are at variance with any recorded or other document. Additionally, the stated paragraphs contain allegations to which no responsive pleading is required. If a response is deemed necessary, defendant specifically denies the stated allegations and demands strict proof thereof, if relevant. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice. NEW MATTER 10. Plaintiff has failed to comply with various state and federal laws, including Act 6, Act 91, and the Fair Debt Collection Practices Act. Defendant disputes the validity of the debt and requests that plaintiff obtain and provide defendant's counsel with written verification thereof. 11. Based on plaintiff's statutory violations, defendant requests that plaintiff's debt be invalidated or otherwise setoff and that attorneys' fees, costs, and other damages be awarded in defendant's favor. 12. Plaintiff has failed to state a claim upon which relief can be granted. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice and that the Court grant such other relief as may be appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: ,Wv -7- By: Bradford Dorrance I.D. No. 32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT 2 VERIFICATION I, the undersigned, hereby verify and state that: 1. I am the defendant in the foregoing complaint and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 7/5/07 Charles D. Riddle r CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postage Prepaid Addressed as Follows: Kristine M. Anthou, Esquire GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 Dated:S v Bradford Dorrance ? Q SHERIFF'S RETURN - REGULAR CASE NO: 2007-03303 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS RIDDLE CHARLES D RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RIDDLE CHARLES D the DEFENDANT at 0935:00 HOURS, on the 8th day of June , 2007 at 10 WALNUT LANE CAMP HILL, PA 17011 by handing to CHARLES RIDDLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 1,11407 4 18.00 12.48 .00 10.00 .00 40.48 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 06/11/2007 GRENEN & BIRSIC By: day A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, CIVIL DIVISION CASE NO.: 07-3303 Plaintiff, VS. CHARLES D. RIDDLE, Defendant. COUNSEL FOR DEFENDANT: TYPE OF PLEADING: PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A COUNSEL OF RECORD FOR THIS PARTY: Mary D. Grenen, Esquire Pa. I.D. #52698 Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, CASE NO.: 07-3303 Plaintiff, VS. CHARLES D. RIDDLE, Defendant. PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A ("Plaintiff'), by and through its counsel, Grenen & Birsic, P.C., and files the following Reply to Defendant's New Matter as follows: 1. The Plaintiff incorporates by reference as if set forth more fully at length the averments contained in Paragraphs 1 through 9 of its Complaint in Mortgage Foreclosure. 2. The allegations set forth in Paragraph 10 of Defendant's New Matter are specifically denied as they set forth conclusions of law to which no response is required. To the extent a response is necessary, it is specifically denied that the Plaintiff has not complied with various state and federal law, including Act 6, Act 91 and the Fair Debt Collection Practices Act, to the contrary, the Plaintiff has complied in all respects with all state and federal law, including Act 6, Act 91 and the Fair Debt Collection Practices Act. 3. The allegations set forth in Paragraph 11 of Defendant's New Matter are specifically denied as they set forth conclusions of law to which no response is required. To the extent a response is necessary, it is specifically denied that Plaintiff has committed any "statutory violations" whatsoever or that Defendant is entitled to have his debt invalidated, setoff or any other relief whatsoever. 4. The allegations set forth in Paragraph 12 of Defendant's New Matter are specifically denied as they set forth conclusions of law to which no response is required. To the extent a response is necessary, it is specifically denied that the Plaintiff's Complaint fails to set a claim upon which relief can be granted, to the contrary, Plaintiff's Complaint sets forth a valid claim in mortgage foreclosure. WHEREFORE, Plaintiff respectively requests that this Honorable Court grant judgment in its favor and against the Defendant. BY: Respectfully submitted, GRENEN & BIRSIC, P.C. Grenen, Esquire Pa. .D. #52698 Joseph A. Fidler, Esquire Pa. I.D. #87325 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 2 ATTORNEY VERIFICATION I, Joseph A. Fidler, Esquire, authorized legal counsel for Plaintiff, U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities that the facts set forth in the foregoing Reply to Defendant's New Matter are true and correct to my information and belief. N National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was served upon the following thisc2 'day of July , 2007 via First Class, U.S. Mail, postage prepaid: Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 BY: GRENEN & BIRSIC, P.C. aryGrenen, Esquire Pa. M. #52698 Joseph A. Fidler, Esquire Pa. I.D. #87325 Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 ?--} tea ZZ r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GREEN TREE HOME LOAN GRANTOR TRUST 2003-A, Plaintiff, VS. CHARLES D. RIDDLE, Defendant. CIVIL DIVISION NO.: 07-3303 TYPE OF PLEADING: SUPPLEMENT TO PLAINTIFF'S REPLY TO DEFENDANT'S NEW 1 MATTER } FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A COUNSEL OF RECORD FOR THIS PARTY: Mary D. Grenen, Esquire Pa. T.D. #52698 GRENEN & BIRSIC, P.C. One Gateway Center,9 h Floor Pittsburgh, PA 15222 (412) 281-7650 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION AS TRUSTEE FOR THE GREEN TREE HOME LOAN GRANTOR TRUST 2003-A, CASE NO.: 07-3303 Plaintiff, VS. CHARLES D. RIDDLE, Defendant. SUPPLEMENT TO PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A (hereinafter "Plaintiff'), by its attorneys, Grenen & Birsic, P.C., and files the following Supplement to its Reply to Defendant's New Matter ("Reply"): 1. Attached hereto as Exhibit "1" is the Verification of an authorized representative of Plaintiff which was to have been attached to Plaintiffs Reply but had not yet been received from Plaintiff. An Attorney Verification was attached to the Reply that was filed on or about July 25, 2007. Respectfully submitted, GRENEN & BIRSIC, P.C. BY: Mary D. Gren Esquire Pa. I.D. #52698 Attorneys for Plaintiff One Gateway Center, 9d' Floor Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT "1" VERIFICATION i, Ash 4 Gk OmsoO , AFsls a o ice Pkzr ©e-u i (Name) (Title) of Representative of EMC Mortgage Corporation, as Attorney-in-Fact for Plaintiff, U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Reply to Defendant's New Matter are true and correct to my information and belief. Date: 8114 , 2007 c Nam . Title: AWStant » rest nt Loan #0008883985 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Supplement to Plaintiff's Reply to Defendant's New Matter was served via First Class, U.S. Mail, postage prepaid, this C X t day of August , 2007, upon the following: Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 GRENEN & BIRSIC, P.C. BY: U-J?I )-- ? )SA MJL? Mary D. Gr , Esquire Pa. I.D. #5269 Attorneys for Plaintiff One Gateway Center, 9`h Floor Pittsburgh, PA 15222 (412) 281-7650 N Q cz) O 'Tp CD '^C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GREEN TREE HOME LOAN GRANTOR TRUST 2003-A, CIVIL DIVISION NO.: 07-3303 Plaintiff, VS. CHARLES D. RIDDLE, Defendant. TYPE OF PLEADING: CONSENT JUDGMENT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A COUNSEL OF RECORD FOR THIS PARTY: Mary D. Grenen, Esquire Pa. I.D. #52698 GRENEN & BIRSIC, P.C. One Gateway Center, 9P Floor Pittsburgh, PA 15222 (412) 281-7650 COUNSEL FOR DEFENDANT: Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GREEN TREE HOME LOAN GRANTOR TRUST 2003-A, Plaintiff, VS. CHARLES D. RIDDLE, Defendant. CIVIL DIVISION NO.: 07-3303 CONSENT JUDGMENT IN MORTGAGE FORECLOSURE AND NOW, effective the V day of November, 2008, it is hereby stipulated and agreed that judgment in mortgage foreclosure shall be entered in favor of Plaintiff, U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, and against Defendant, Charles D. Riddle, , in the amount of $113,877.82 plus interest thereon at the rate of $28.70 per diem from May 31, 2007, additional late charges, additional attorneys' fees and costs and for foreclosure and sale of the Mortgaged Premises described in the Complaint and commonly known as 10 Walnut Lane, Camp Hill, PA 17011. This judgment is for foreclosure and sale of the Mortgaged Premises described in the Complaint and is not intended, nor shall be, a personal liability of said Defendant, Charles D. Riddle. Dated: 4-7-91 , 2008 Dated: ?- , 2008 BY: adford Dorrance, Esquire Attorney for Defendant, Charles D. Riddle BY: Mary D. enen, Esquire Attorneys for Plaintiff O Qs ? co ? o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION AS TRUSTEE FOR THE GREEN TREE HOME LOAN GRANTOR TRUST 2003-A, NO.: 07-3303 Plaintiff, vs. CHARLES D. RIDDLE, Defendant. NOTICE OF ORDER DECREE OR JUDGMENT TO: Charles D. Riddle 10 Walnut Lane Camp Hill, PA 17011 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 200)$9 ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $113,877.82 plus interest thereon at the rate of $28.70 per diem from May 31, 2007, additional late charges, attorneys' fees and costs and for foreclosure and sale of the Mortgaged Premises described in the Complaint. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION AS TRUSTEE FOR THE GREEN TREE HOME LOAN GRANTOR TRUST 2003-A, NO.: 07-3303 Plaintiff, vs. CHARLES D. RIDDLE, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Charles D. Riddle c/o Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ,lay, 8 1 200)(.9 ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $113,877.82 plus interest thereon at the rate of $28.70 per diem from May 31, 2007, additional late charges, attorneys' fees and costs and for foreclosure and sale of the Mortgaged Premises described in the Complaint. Deputy db IN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A vs. ( ) Confessed Judgment (X ) Other (Default Judgment) File No. 07-3303-Civil Amount Due $113,877.82 Charles D. Riddle TO THE PROTHONOTARY OF SAID COURT: Interest $ 27,396.03 (5/31/07 to sale) Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant(s) 10 Walnut Lane Camp Hill PA 17011 (Please see attached legal description) PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. f Date Signature: Print Name: Kristine M. Anthou Address: One Gateway Center, 9"' Floor Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: 77991 (over) 0 tC?E OF THE rH'"'i"4_,n"li7'rARY GUS $a4. oo Pty AT" 40. q S CaF '18 . so Woo a.6o " 4154.48- PO 4r1 #,a. 00 i)veez . 5o bve U. CV--# 108360 ert aa4o« -RE (A? 4UW4.9-d a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as "Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff, CIVIL DIVISION NO.: 07-3303-Civil vs. CHARLES D. RIDDLE, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Charles D. Riddle located at 10 Walnut Lane, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHARLES D. RIDDLE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WALNUT LANE, CAMP HILL, PA 17011. DBV 232, PAGE 894. PARCEL #13-24-0797-040. 1. The name and address of the owner or reputed owner: Charles D. Riddle 10 Walnut Lane Camp Hill, PA 17011 r • 2. The name and address of the defendant in the judgment: Charles D. Riddle 10 Walnut Lane Camp Hill, PA 17011 Charles D. Riddle c/o Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association, as [PLAINTIFF] Trustee for the Green Tree Home Loan Grantor Trust 2003-A 4. The name and address of the last record holder of every mortgage of record: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A [PLAINTIFF] PA Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE 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. Krist -M. A thou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS ? DAY OF 2009. Notary Public vINE? r iIA Joanne M. WEi,e ?u iA?, 'JE) ry Public City of Pittsburg ,, .;'._ # ;Ony rc) My Commissior: E> r:; ..., u 'Ie 19, 2009 Member, Pennsylva;,' ?a.:; ?;?n M Ndteri®s J? R LE ry THE r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, NO.: 07-3303-Civil Plaintiff, vs. CHARLES D. RIDDLE, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Charles D. Riddle 10 Walnut Lane Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on September 2, 2009, at 10:00 A.M., the following described real estate, of which Charles D. Riddle is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHARLES D. RIDDLE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WALNUT LANE, CAMP HILL, PA 17011. DBV 232, PAGE 894. PARCEL #13-24-0797-040. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff, VS. Charles D. Riddle, Defendant, at Execution Number 07-3303-Civil in the amount of $141,273.85. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: C-L L.?5( Kristine. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ti IN TIfE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION as "trustee For the Green Tree l Ionic Loan Grantor Trust 2003-A, Plaintiff, vs. CHARLES D. RIDDLE, NO.: 07-3303-Civil Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land, with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Walnut Lane, which point is 90.4 feet westwardly of the northwesterly corner of Walnut Circle and Walnut Lane, and at dividing line between Lot Nos. 7 and 8 on the hereinafter mentioned Plan of lots; thence along the northerly line of Walnut Lane, South 58 degrees 21 minutes West, 70 feet to a point at dividing line between Lot Nos. 6 and 7 on said Plan; thence along said dividing line, North 31 degrees 39 minutes West, 133.11 feet to a stake; thence South 87 degrees 09 minutes East, 84.95 feet to a stake at dividing line between Lot Nos. 7 and 8 on said Plan; thence along said dividing line, South 31 degrees 39 minutes East, 85 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a brick ranch dwelling known and numbered as 10 Walnut Lane, Camp Hill, Pennsylvania. BEING Lot No. 7, block -F, Plan of Lots known as Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. SUBJECT to conditions and restrictions of record. PARCEL 413-24-0797-040 BEING the same premises which Jeanne M. Wolt; by Deed dated October 27, 2000 and recorded in the Office of the Recorder of Deeds of Cumberland County on October 30, 2000, at Deed Book Volume 232, Page 894, granted and conveyed unto Charles D. Riddle. UUNEN & BIRSIC, P.C. By' -Z t2 C <' ?' Kristine M. Anihou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 13-24-0797-040 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3303 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, NATIONAL ASSOCIATION, as Trustee for the GREEN TREE HOME LOAN GRANTOR TRUST 2003-A, Plaintiff (s) From CHARLES D. RIDDLE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,877.82 L.L. $.50 Interest from 5/31/07 to Date of Sale - $27,396.03 Atty's Comm % Due Prothy $2.00 Atty Paid $159.48 Other Costs Plaintiff Paid Date: 4/20/09 s R. #,rotflhion7ary (Seal) By: REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, 9' FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff, CIVIL DIVISION NO.: 07-3303-Civil vs. CHARLES D. RIDDLE, Defendant. TYPE OF PLEADING SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9/2/09 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, NO.: 07-3303-Civil Plaintiff, VS. CHARLES D. RIDDLE, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Charles D. Riddle located at 10 Walnut Lane, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHARLES D. RIDDLE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WALNUT LANE, CAMP HILL, PA 17011. DBV 232, PAGE 894. PARCEL #13-24-0797-040. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PA Housing Finance Agency 211 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 I verify that the statements made in the Supplemental 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. GRENEN & BIRSIC, P.C. Kristin( ,M. Anthoiu, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS (Jd*J DAY OF 2009. G?A Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal =Patflrda ownsend, Notary Public burgh, Allegheny County ion Ex ires June 2, 2011 M ember, Pennsylvania Aasoalatlon of Notaries FILED--&-t (uF OF THE PPOT- 01,Ir Y 2009 JUN 10 Pty 1: 34 ap J+YiJ?::'It PE t. tj; ?'? ±?A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, CIVIL DIVISION Plaintiff, vs. CHARLES D. RIDDLE, Defendant. NO.: 07-3303-Civil TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9/2/09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff, vs. CHARLES D. RIDDLE, Defendant. NO.: 07-3303-Civil Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on September 2, 2009 as follows: 1. Charles D. Riddle is the owner of the real property. 2. By letter dated April 29, 2009, the undersigned counsel served Defendant, Charles D. Riddle, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 10 Walnut Lane, Camp Hill, PA 17011. On or about May 4, 2009, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff's Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached hereto and made a part hereof. 3. By letter dated April 29, 2009, the undersigned counsel served Defendant, Charles D. Riddle's counsel, Bradford Dorrance, Esquire, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to Keefer Wood Allen & Rahal, LLP, 210 Walnut Street, P.O. Box 11963, Harrisburg, PA 17108-1963. On or about May 4, 2009, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant's counsel was served with the Notice of Sheriff's Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "B", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY? L c A,? 6 / 6,t. 6A, Kristine Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS - DAY OF 2009. Notary PCOMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2011 Member, Pennsylvania Association of Notaries N i MHUMNIMMAT co S O cc Postage $ ru Certified Fee M O Return Receipt Fee O (Endorsement Required) G Restrkted Delivery Fee O (Endorsement Required) M I A L l1 2 a ?ditrn rU Total Postage & Fees $ M T/ ec "antro Charles D. Riddle C3 i, of PO Box No. 10 Walnut Lane ciiy sare,'ziata- Camp Hill, PA 17011 A Cc q*ft Nears f. Z. and t Alw a a ipnla A. , Nara 4 N Rosh 1otad CkMWy b daaI ' x a1 P** VIXW rwere and addroea an the raiAm e D / ddisesee so that we am rOwn to card to you. IL Rea~ by (AnYtt.ri Ma" Does of DW#vqry Attach Vft c rd to to back of theMdOOos. f .. f?r $=2 G? 7 or at #! Aw> M apace permd& ,A M b doliery adross dUsr a am own ?Z CLlho t. J4tbIi RLI eeMdtOC #YM ot?teM ddwwy erlctrse b?loip ` i4;harles D. Riddle ?. 10 Walnut Lane , - ec: Camp Hill, PA 17011 & IPI?11111yp '- , Mfar ?INe ' r ?,. t 11011.10 MI ede I d R?Oe) Cy 1 p ; 1 w ' kNlRai.Mr D C.C.C. ? R F r F l v F D MAY 0 4 M 4. RIiMAOMQtya.ra,t9 AnkiN1nffl 7008 -3230 p?an.itr aom aert+ro. ? 0003 2807 4487 _- Ps Form 3811. Fewuwy 2w4 [)M a tlo Ratu m R I M. I'F' 1025054=4A-1540 A . . .21 .. iT N 0 F O CO Postage ru Certified Fee M O Return Receipt Fee C3 (Endorsement Required) 13 Restricted Delivery Fee 0 (Endorsement Required) M rU Total Postage & Fees m sent To Ch. co - -- c/o Soiree, Apr. No.i Ke r*- or PO Box No. ) r r • Colnptsts Mime 1. 2. wild & AM 0011 11e1114 tt Rd116k'ts 046FMy is "atnd. r Print your r me and Wilms on to wism so tltet"can mWM the cab to you. ¦ AftwM Mki tawd to ft bat* of the-t1>ak isim or at the *aft If specs pennib. 1. Nftb/1d**ftsd bx Charles D. Riddle c/o Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LIT 210 Walnut Street, P. 0. Box 11963 Harrisburg, PA 17108-1963 A. a isaerweyirlasesdwhwnc 11 ?tY" MYE„ w*w det my sdd nm ` RECEIVED MAY 0 4 X009 3.?? 1?ps ?d tiw D rriw D Rrp1iM SlumR liar Mudrbr O hMtarsd MeN CAA. 4. RueloI d oelwy? 09ft Fio `ts Z AM* Number AMwn*rftmswvAwAeW 7008 3230 0003 2807 4494 1 Ps Form 3811, February 2m Domeello Return Receipt 10225964242-150 RLE -CIFFICE OF WE PR(-"M'CN,!fTjARY 2009 jUN 10 PM 1= 3 4 1 , ?ENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff, CIVIL DIVISION NO.: 07-3303-Civil vs. CHARLES D. RIDDLE, Defendant. TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9/2/09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff, vs. CHARLES D. RIDDLE, Defendant. NO.: 07-3303-Civil Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129. 1, as well as all persons named in Plaintiff's Supplemental Affidavit pursuant to Rule 3129.1 as follows: 1. By letters dated April 29, 2009, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated May 27, 2009, undersigned counsel served the persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing are marked Exhibit "B", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. Kristin6M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWOR11N,,RRrT??O )AND SUBSCRIBED BEFORE ME THIS `?T- DAY OF 2009. Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2011 Member, Pennsylvania Association o1 Notaries • 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PI?NNSYLVANIA U.S. BANK NATIONAL. ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor "Crust 2003-A, Plaintiff, CIVIL, DIVISION NO.: 07-3303-Civil vs. CHARLES D. RIDDLE, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Charles D. Riddle located at 10 Walnut Lane, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHARLES D. RIDDLE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SI'T'UATED IN THE LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WALNUT LANE, CAMP IIILL, PA 17011. DBV 232, PAGE; 894. 13ARCI I, fl) 3-24-0797-040. 1. The name and address of the owner or reputed owner: Charles D. Riddle 10 Walnut Lane Camp Hill, PA 17011 • 2. The name and address ofthe defendant in the judgment: Charles D. Riddle Charles D. Riddle E 10 Walnut Lane Camp Hill, PA 17011 c/o Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association, as [PLAINTIFF] "Trustee for the Green Tree Home Loan Grantor Trust 2003-A 4. The name and address of the last record holder of every mortgage of record: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A PA Housing Finance Agency [PLAINTIFF] 211 North Front Street Harrisburg, PA 17101 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations PA Department of Revenue Commonwealth of Pennsylvania P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 flanisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE 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. n Krist a M. AAthou, Esquire Attorney for Plaintiff SWORN 'rO AND SUBSCRIBED BEFORE ME THIS / DAY OF 2009. Notary Public Joanne M. Wei !; , ,, --ry Public Gty of PiQsburgr,. n ,., , 4;any CIO^ My Commission Er•,r. -1--1819,2009 Member, Pennsylva. ;:-,00n of Naterisa N O it N yy W O N N 31 CD O(DN?n I W ?? N w ? LL ~°C, ° 1 Q ? y LL y ?i? N V rn Ln O N Ln Of La O 2 ° W V S o 1Nn N Q o O c = o y?{? f :'? N U f v? c> N my ? i C L p a U)$`ryOo o O O O O K6?„ ro LL V• o ?' ? ? ? N N a E c o m ? o °o U U oyE? aD O LL'rr?? N 0000 N ? y ? o E o? ° a o 7 . E Q 3 4, v? Q U 2 E ? LL N ¢ ' U 00 CL ° CL N K ari w aoi t r ' C N o4 ?A w a) O aJ x ?vvow_ v p p Z vJ 0 O i 7 0 ° M vl ° fl t CQ' n 00000 < te Q,. O U m a. Ca O U Q? bA Q s~ > ,. V O N C O " cdd E p O a U? z w Q ? a Cd co m 3 > Ll 06 O s G ? c (L) ccnn a u 04 a U a E C = z?oa ? N C 7 ? ip L6 06 O N d Q: C O V Q V I a` d N c N a c 0 a m `o Ji a> Q f- a a N N N O a U ^ °' s o 1 a« o 4 2 a OJ N a E N Z of O p ? N r $i LL y r o? p co ?0 ?? € o LL r j N cn -? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, CIVIL DIVISION Plaintiff, vs. CHARLES D. RIDDLE, Defendant. NO.: 07-3303-Civil TYPE OF PLEADING SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 FILED ON BEHALF OF PLAINTIFF: U. S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9/2/09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff, CIVIL DIVISION NO.: 07-3303-Civil vs. CHARLES D. RIDDLE, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Charles D. Riddle located at 10 Walnut Lane, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHARLES D. RIDDLE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WALNUT LANE, CAMP HILL, PA 17011. DBV 232, PAGE 894. PARCEL #13-24-0797-040. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PA Housing Finance Agency 211 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 I verify that the statements made in the Supplemental 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. GRENEN & BIRSIC, P.C. BYc:0c , ?I/el /(- <-- Kristinr,M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS t DAY OF 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2011 Member, Pennsylvania Association of Notaries PS Form 3817, January 2UU1 71,449 K1AL (20) U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & Birsic. P.C. One Gateway Center, 9+h Floor Pittsbur h P 4 22 One piece of ordinary mail addressed to: PA Housing Finance Agency 211 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 Affix fee here in stamps or meter postage and t j ? o N UNI% t ; M W- C:3') rt N o C' l ?-<Oz TI N ?i ? :n N ?'a O V O/w V O V ? 111 V tD {? to 16,7 a}p OF THE 2009 JUN 10 Pik`; 1: 314' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GREEN TREE HOME LOAN GRANTOR TRUST TR is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 20TH day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 3303, at the suit of U S BANK NATIONAL ASSOC TR FOR GREEN TREE HOME LOAN GRANTOR TRUST 2003-A against CHARLES D RIDDLE is duly recorded as Instrument Number 200933443. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this G? 9 day of 1.t54921 41-1- 1 A.D. Recorder of Deeds Rawdu It N ads, Curnbse4W County, Ca&A, PA My CwvaWion E*iros tie First Mw&y of Jan. 2010 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFFi,'6OFr = j, ERWF of T i CRY U.S. Bank, National Association, Case Number vs. Charles D Riddle 2007-3303 SHERIFF'S RETURN OF SERVICE 06/25/2009 01:49 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1350 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles D. Riddle, located at, 10 Walnut Lane, Camp Hill, Cumberland County, Pennsylvania according to law. 06/29/2009 01:25 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Charles D. Riddle, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Charles D. Riddle, Defendant does not reside at address provided, not known at the post office. 09/03/2009 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 September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 1.00 to Attorney Kristine Anthou, on behalf of, U.S. Bank National Association as Trustee for the Green Tree Home Loan Grantor, Trust 2003-A, of, 3415 Vision Drive, Columbus, OH, 43219, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 889.54 SHERIFF COST: $889.54 ?/ b/Dl/ 09 September 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERI (if SD L C%l4? 7/ g 7 2- l.?3ia-) 6 IN THE COURT OF COMMON PL1:AS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. 13ANK NATIONAL ASSOCIATION, as "Trustee for the Green "free biome Loan Grantor Trust 2003-A, CIVIL DIVISION NO.: 07-3303-Civil Plaintiff, vs. CHARLES D. RIDDLE, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) U.S. Bank National Association, as "Trustee for the Green "free 1 tome Loan Grantor Trust 2003-A, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Charles D. Riddle located at 10 Walnut Lane, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHARLES D. RIDDLE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THl`REON A DWI:I.IANG BITING KNOWN AND NUMBl`.RI:D AS 10 WALNUT LANE, CAMP HILL, PA 17011. DBV 232, PAGE 894. PARCEL t113-24-0797-040. 1. The name and address of" the owner or reputed owner: Charles D. Riddle 10 Walnut Lane Camp Hill, PA 17011 .. 2. The name and address ofthe defendant in the judgment: Charles I). Riddle 10 Walnut Lanc Camp 1-1111, PA 17011 Charles D. Riddle c/o Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association, as [PLAINTIFF] Trustee for the Green "free Home Loan Grantor Trust 2003-A 4. The name and address of the last record holder of every mortgage of record: U.S. Bank National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A [PLAINTIFF] PA Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. 'I'he name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE 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 unswom falsification to authorities. Krist M. Atlthou, Esquire Attorney for Plaintiff SWORN 'I'O AND SUBSCRIBED BEFORE ME -1-1 [IS l -DAY OF e 2009. Notary Public 1M., t Joanne M. 4V :Y r7Public City of Pittsbu.c i;,nW Commiss or '1Member, Penns iv Y ^n nt Noteri@8 IN THE COURT OF COMMON PLEAS OF CIJM13EIZI_AND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION as Trustee for the Green Tree Home Loan Grantor Trust 2003-A, NO.: 07-3303-Civil Plaintiff, vs. CHARLES D. RIDDLE, Defendant. NO'T'ICE OF SHERIFF'S SALE: OF REAL. ESTATE' TO: Charles D. Riddle 10 Walnut Lane Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on September 2, 2009, at 10:00 A.M., the tollowing described real estate, of'which Charles D. Riddle is the owner or reputed owner: ALL TI11 RIGHT, TITLE, INTEREST AND CLAIM OF CHARLES D. RIDDLE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 WALNUT LANE, CAMP HILL, PA 17011. DBV 232, PAGE 894. PARCEL #13-24-0797-040. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of U.S. Bank National Association, as "Trustee for the Green 'free llome Loan Grantor Trust 2003-A, Plaintiff, vs. Charles D. Riddle, Defendant, at Execution Number 07-3303-Civil in the amount of'S141,273.85. A Schedule of Distribution will be filed by the Office of the Sheriffno later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. I3y: 4?. ? ti /l - Kristinc . Anthou, Esquire Attorney for Plaintiff' One Gateway Center, Ninth floor Pittsburgh, PA 15222 (412) 281-7650 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION as "trustee for the Green Tree 1 tome Loan Grantor Trust 2003-A, NO.: 07-3303-Civil Plaintiff, vs. CHARLES D. RIDDLE, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land, with the buildings and improvements thereon erected, situate in Lower Allen "township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Walnut Lane, which point is 90.4 feet westwardly of the northwesterly corner of Walnut Circle and Walnut Lane, and at dividing line between Lot Nos. 7 and 8 on the hereinafter mentioned Plan of Lots; thence along the northerly line of Walnut Lane, South 58 degrees 21 minutes West, 70 feet to a point at dividing line between Lot Nos. 6 and 7 on said Plan; thence along said dividing line, North 31 degrees 39 minutes West, 133.11 feet to a stake; thence South 87 degrees 09 minutes East, 84.95 feet to a stake at dividing line between Lot Nos. 7 and 8 on said Plan; thence along said dividing line, South 31 degrees 39 minutes East, 85 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a brick ranch dwelling known and numbered as 10 Walnut Lane, Camp Hill, Pennsylvania. BEING Lot No. 7, block "F", Plan of Lots known as Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. SUBJECT to conditions and restrictions of record. PARCEL 413-24-0797-040 l BEING the same premises which Jeanne M. Wolf, by Deed dated October 27, 2000 and recorded in the Office of the Recorder of Deeds of Cumberland County on October 30, 2000, at Deed Book Volume 232, Page 894, granted and conveyed unto Charles D. Riddle. GRENE N & BIRSIC, P.C. By! Kristin M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 13-24-0797-040 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3303 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, NATIONAL ASSOCIATION, as Trustee for the GREEN TREE HOME :LOAN GRANTOR TRUST 2003-A, Plaintiff (s) From CHARLES D. RIDDLE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,877.82 L.L. $.50 Interest from 5/31/07 to Date of Sale - $27,396.03 Atty's Comm % Due Prothy $2.00 Atty Paid $159.48 Other Costs Plaintiff Paid Date: 4/20/09 Curtis R. Long, rotho tary (Seal) By: _ Deputy REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Real Estate Sale # On May 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as, 10 Walnut Lane, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2009 B: Real Estate Coordinator C h L ?? ? G G Uc??J ?O?t F ? A( PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 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. el- , Editor SWORN TO AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary . NOTARIAL L DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RZAL ZZTATZ BALM NO. 76 Writ No. 2007-3303 Civil U. S. Bank, National Association, as Trustee for the Green Tree Home Loan Grantor Trust 2003-A VS. Charles D. Riddle Atty.: Kristine Anthou ALL THAT CERTAIN tract or par- cel of land, with the buildings and improvements thereon erected, situ- ate in Lower Allen Township, Cum- berland County. Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Walnut Lane, which point is 90.4 feet westwardly of the northwesterly comer of Walnut Circle and Walnut Lane, and at dividing line between Lot Nos. 7 and 8 on the hereinafter mentioned Plan of Lots; thence along the northerly line of Walnut Lane, South 58 degrees 21 minutes West, 70 feet to a point at dividing line between Lot Nos. 6 and 7 on said Plan; thence along said dividing line, North 31 degrees 39 minutes West, 133.11 feet to a stake; thence South 87 degrees 09 minutes East, 84.95 feet to a stake at divid- ing line between Lot Nos. 7 and 8 on said Plan; thence along said dividing line, South 31 degrees 39 minutes East, 85 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a brick ranch dwelling known and numbered as 10 Walnut Lane, Camp Hill, Pennsylvania. BEING Lot No. 7, block "F", Plan of Lots known as Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. SUBJECT to conditions and re- strictions of record. PARCEL #13-24_0797-040. BEING the same premises which Jeanne M. Wolf, by Deed dated Oc- tober 27, 2000 and recorded in the Office of the Recorder of Deeds of Cumberland County on October 30, 2000, at Deed Book Volume 232, Page 894, granted and conveyed unto Charles D. Riddle. PROPERTY ADDRESS: 10 Walnut Lane, Camp Hill, PA 17011. Tw"-.e Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 uhf P d1C10t-XQlUS Now you know 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07131/09 08/07/09 A4 Jto'??bscribed befor a thi J.4 day of August, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kiener, Notary Public City Of Harridbung, Daupnin county My C;o Mieolon EVInn Nov. 26, 2011 Member. Pennsylvania Association of Notarles Sale No. 76 Writ No. 2W-3303 ChAl Term .S. Bank, National As"ClOtlon, as Trustee for the Green 11" He Trust 2OO3-A?r VS. Charles 0 Riddle Atty: Kristine ALL THAT CERTAIN tract or parcel of land, with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County. Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Walnut Lane, which point is 90,4 feet westwardly of the northwesterly comer of Walnut Circle and Walnut Lane, and at dividing line between Lot Nos. 7 and o to hereinafter mentioned Plan of Lots; thence along northerly line of Walnut Lane, Soa8de dens 21 minutes West, 70 feet to a point line between Lot Nos. 6 and 7 o said Plan; thence along said dividing line, No?h 31 dero 39 Maws ?9.1Eest 54,95 feet to a stake at dividing li, bawo n Lot Nqs. 7 8 on aaid Plan; thOM along MW dividing aad , East, 85 feet line South M degrees 39 minutes to a point, the place of BEGB?G. HAVING TIIEBE ?CIED a brick ranch dwelling known and numbered as 10 Wa1nuN1 at 1, b?k Hill, Pennsylvania. BEING Lot the offce of the as Cumberland "F', Plan of Lots known in the office which Plan is recorded and Recorder of Deeds in for Cco pons County, PennsYl`"anm' S PARCEL #13-24- cord UBJECT and restrictions BEING the same premises which 0797-040 Wolf, by Deed dated Octo?r 27, Jeanne M. the office of the Recorder 20M and recorded in r 30, of Deeds of Cumberland County on October 894, 204p, at Deed Book volume 232, Page ie. granted and conveyed Onto 10 Charles . Walnut Lane PROPERTY ADDRESS! Camp Bill, PA 11011