HomeMy WebLinkAbout11-4004
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1,'1JM3ERLAND COUNT''
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO.
COMPLAINT IN MORTGAGE
FORECLOSURE
VS.
THOMAS GRICKS AND MICHELE R.
GRICKS
Defendants.
TO DEFENDANT(S):
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT IN MORTGAGE FORFCLOSURF
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF
OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST
YOU.
By: /S/ .•+O'W' 1w. oft
Attorney for Plaintiff
MORTGAGE FORECLOSURE
Filed on behalf of Plaintiff
Counsel of record for this party:
Lois M. Vitti, Esquire
PA I.D. #209865
Vitti & Vitti & Associates, P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
av* %Qa.(50'Pd any
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PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
THOMAS GRICKS AND MICHELE R. GRICKS,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: No.
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND
OB3ECTIONS 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
3UDGMENT MAY BE ENTERED AGAINST YOU BYTHE COURT WITHOUT FURTHER
NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOSURE
NOW, comes the Plaintiff by its attorneys, Vitti & Vitti & Associates, P.C. and Lois M.
Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141
through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a national association having a principal place of business
located at 3232 Newmark Drive, Miamisburg, OH 45342. Plaintiff is the holder of the
mortgage and is seeking enforcement of the mortgage through foreclosure.
2. The Defendant(s) is/are individuals with a last known mailing address of 20 N.
Corporation Street, Newville PA 17241. The property address is 20 N. Corporation Street,
Newville PA 17241 and is the subject of this action.
3. On the 15th day of January, 2009, in consideration of a loan of One Hundred
Twenty One Thousand Five Hundred Fifty and 00/100 ($121,550.00) Dollars made by
National City Mortgage, a division of National City Bank to Defendant, the said Defendant
executed and delivered to National City Mortgage, a division of National City Bank a "Note"
secured by a Mortgage with the Defendant as mortgagor and National City Mortgage, a
division of National City Bank, as mortgagee, which mortgage was recorded on the 27th
day of January, 2009, in the Office of the Recorder of Deeds of Cumberland County, at
Instrument No. 200902199. The said mortgage is incorporated herein by reference thereto
as though the same were set forth fully at length. The Plaintiff is successor by merger to
National City Mortgage, a division of National City Bank.
4. The premises secured by the mortgage are:
SEE EXHIBIT 'A "ATTACHED HERETO.
5. Said mortgage provides, inter alia:
"that when as soon as the principal debt secured shall become due and payable,
or in case default shall be made in the payment of any installment of principal and
interest, or any monthly payment, keeping and performance by the mortgagor of any of
the terms, conditions or covenants of the mortgage or note, it shall be lawful for
mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the
mortgage, of principal debt, interest and all other recoverable sums, together with
attorney's fees."
6. Since September 1, 2010, the mortgage has been in default by reason, inter
alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage
(including principal and interest) and, under the terms of the mortgage, the entire principal
sum is due and payable.
7. In accordance with the appropriate Pennsylvania Acts of Assembly and the
Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the
mortgagee's intention to foreclose. The appropriate time period has elapsed since the
Notice of Intention to Foreclose has been served upon the mortgagor(s).
8. The amount due on said mortgage is itemized on the attached schedule.
9. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases
from liability for the debt secured by the mortgage any mortgagor, personal representative,
heir or devisee of the mortgagor who is not a real owner of the property at the time of the
filing of this Complaint.
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6),
Plaintiff demands judgment for the amount due of One Hundred Forty Eight Thousand Four
Hundred Forty Six and 58/100 ($148,446.58) with interest and costs.
Respectfully,submitted,
VI'TTI & VSOCIATES, P.C.
BY:
Lois NI: Vitti, Esquire
Attorney for Plaintiff
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 131,969.25
Interest @ 4.5000% from 08/01/10 through 4/30/2011 4,425.49
(Plus $16.2702 per day after 4/30/2011 )
Late charges through 4/26/2011
0 months @ 33.19
Accumulated beforehand 514.21
(Plus $33.19 on the 17th day of each month after 4/26/2011 )
Attorney's fee 6,598.46
Escrow deficit 4,939.17
(This figure includes projected additional charges that may be incurred by the
Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the
sheriffs sale)
BALANCE DUE 148,446.58
EXHIBIT "A"
LEGAL DESCRIPTION
All that certain tract or parcel of land and premises situate, lying and being in the
Borough of Newville, in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
All that certain house and lot of ground situate on Corporation Street int eh North ward
of the Borough of Newville, County of Cumberland and State of Pennsylvania, bounded
and described to wit:
BOUNDED on the west by Corporation Street, -on the north by land now or formerly of
heirs of Raymond Neidigh, on the east (erronebusly mentioned as "eat' in prior deed)
by part of the same lot now or late of Paul Lehrman, having a frontage on Corporation
Street of 35 feet and an even depth of 115 Beet.
VERIFICATION
AND NOW Lois M. Vitti verifies that the statements made in this Complaint are true
and correct to the best of her knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to
unsworn falsification to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the
pleading is submitted by counsel having sufficient knowledge, information and belief based
upon the information provided him by the Plaintiff. 0, V
Lois M. ' i
Dated: April 26, 2011
"IF THE PR0 i H J' 0 !^t1i; F
2011 JUN 10 PM 12: r ?.
0 U M 8 E R L A H D C Jl
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 11-4004 Civil
Plaintiff, PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
vs. MILITARY SERVICE
THOMAS GRICKS and MICHELE R.
GRICKS,
Code MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Defendants.
1*7? ?11'Vli
?? alb' y3
Counsel of record for this
party.
Louis P. Vitti, Esquire
Supreme Court #01072
Vitti & Vitti. & Assoc., P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Plaintiff,
Defendants.
PRAECIPE FOR DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND COUNTY
:NO: 11-4004 Civil
Enter judgment in Default of an Answer in the amount of $149,064.84, in favor of
the PNC Bank, National Association, Plaintiff in the above-captioned action, against the Defendants,
Thomas Gricks and Michele R. Gricks and assess Plaintiffs damages as follows and/or as
calculated in the Complaint:
Unpaid Principal Balance $131,696.25
Interest from 08/01/10-06/07/11 5,043.75
(Plus $24.5038 per day after 06/07/11)
Late charges (Plus $33.19 per
month from 04/26/11-12/7/11$232.33) 514.21
Attorney's fee 6,598.46
Escrow Deficit 4,939.17
(Plus any additional charges that may be
incurred by the Plaintiff and transmitted
to the sheriff as charges on the writ prior
to the date of the sheriffs sale)
Total Amount Due 149.064.84
The real estate, which is the subject matter of the Complaint, is situate in Borough
of Newville, Cty of Cumberland & Cmwlth of PA. HET k/a 20 N. Corporation Street,
Newville, PA 17241. Parcel No. 27-20-1756-067.
uis P. Vitti, Esquire
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs
:NO: 11-4004 Civil
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
CERTIFICATION OF MAILIN
G
I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the
Defendant(s), in the above-captioned case on May 24, 2011, giving ten (10) day notice that judgment
would be entered should no action be taken.
VITTI & VITTI & ASSOCIATES, P.C.
V
BY:
uis P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 7th day
of June, 2011.
otary PbTi?)
L No
cny a a?lYh_ = N0-k'.R'`
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
vs
THOMAS GRICKS and MICHELE R GRICKS,
Plaintiff,
Defendants
IlYIPORTANT NOTICE
TO: Thomas Gricks
Michele R. Gricks
20 N. Corporation Street
Newville, PA 17241
Date of Notice: May 24, 2011
NO: 11-4004 Civil
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE; GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
T"? VITTI & ASSOCIATES, PC
1-'-
B ` ? I Uiz,
Louis P. Vitti, Esgw e
Attorney for Plaintiff
215 Fourth Avenue
Pittsburgh, PA 15222
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMP'T' TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
OF A LIEN AGAINST PROPER'T'Y.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS:
COUNTY OF ALLEGHENY
BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who,
being duly sworn according to law, deposes and says that he is advised and believes that
DEFENDANT(S) is/are not presently in the active military service of the United States of America
and not members of the Army of the United States, United States Navy, the Marine Corps, or the
Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with
the Army or Navy; nor engaged in any active military service or duty with any military or naval units
covered by the Service Members Civil Relief Act of 2004 and designated therein as military service,
and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act,
and that the averments herein set forth, insofar as they are within his knowledge, are correct, and
true; and insofar as they are based on information received from others, are true and correct as he
verily believes. In the alternative, should the defendant(s) be currently serving in the military the
Service Members Relief Act does not apply as the mortgage in question did not originate before the
period of the Service Members military service and is secured by a mortgage pursuant to 50 U.S.C.
App §533 formerly cited as 50 U.S.C. App §532 (a)(1)(2).
This Affidavit is made under the provisions of thgS* mbers Civil R elief Act of 2004.
--- ------------ --------
, Esquire
SWORN' to and subscribed
before me this 7th day
of June, 2011.
otary Publi COMMON TM of PEW*YLVAN1k
Notmial Seal 9
Sherry L House, Notary music
ply of PNbbuigh, ANs?henl' County
My Corrrr . . E?mina Marv 15. 2015
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-4004 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION Plaintiff (s)
From THOMAS GRICKS AND MICHELLE R. GRICKS
(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: $149,064.84 L.L.: $.50
Interest 6/8/11-12/7/11 -- $4,459.69
Atty's Comm: % Due Prothy: $2.00
Atty Paid: $188.50 Other Costs:
Plaintiff Paid:
Date: 6/l0/ll
David D. Buell, Prothonot
(Seal) 2!??mm.??
Deputy
REQUESTING PARTY:
Name: LOUIS P. VITTI, ESQUIRE
Address: VITTI & VITTI & ASSOC., P.C.
215 FOURTH STREET
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072
t THE "ROT C 6-T . `.,.,
1? t'I
2011 JUN 10 PM 12: 2 4
CUMBERLAND
PENBSYLVAIN!A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 11-4004 Civil
Plaintiff, PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
vs.
THOMAS GRICKS and MICHELE R.
GRICKS,
Defendants.
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Code MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
Supreme Court #01072
Vitti & Vitti & Assoc., P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
•UD acu Leo
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Plaintiff,
:NO: 11-4004 Civil
Defendants.
PRAECIPE FOR WRIT OF
EXECUTION IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the
above-captioned matter as follows:
in:
Amount Due $149,064.84
Interest 6/8/11-12/7/11 4.459.69
Total 5153,524.53
The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg 1Ja 20 N. Corporation Street,
Newville, PA 17241. Parcel No. 27-20-1756-067.
t-
ouis P. Vitti, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
AFFIDAVIT
NO: 11-4004 Civil
I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief,
the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the
Defendants' last known address is 20 N. Corporation Street, Newville, PA 17241.
zy" P-,? V
uis P. Vitti, Esquire
SWORN TO and subscribed
before me this 7th day of
June, 2011.
Notary Pub
cOMWWATA U" OF PEIWrMVMIA
Nobufel Seef
sherry L. Mouse, Notary
aLy or PKtft*, Akghw6 County
Conv"Oft 15, 2015
MOO VMM AWMATIOR Ur NOrARMS
Plaintiff,
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PRO
25 11 JUi? 10 PM 12: 2>
i;UMBERLANU
P SyL\/0. 1
IN THE COURT OF COMMON PLEA F CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Plaintiff,
Defendants.
AFFIDAVIT
NO: 11-4004 Civil
I, Louis P. Vitti, hereby certify that as representative of PNC Bank, National Association, am
familiar with the above-captioned case and various servicing activities related thereto and that the
provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been
complied with in the above-captioned case.
SWORN to and subscribed
before me this 7th day
of June, 2011.
i
Notary Pub '
:AMM9fflW 1'H OF PENNMVA,NL
Notarial Seal
`tMouse, Notary public
Gty a
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NY COMINInn Expires May 15, 2..5
Men'-'N VA"1A A55U ygTM of NOTARIES
Louis P. Vitti, Esquire
Attorney for Plaintiff
FiLED-OFFICE
THE PRO I HfTl
2011 JUH 10 PM 12* 24
CUMBERLAND COUNT .i,
RENNSY! ul?. !
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Plaintiff,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
NO: I1-4004 Civil
PNC Bank, National Association, 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 located at 20 N.
Corporation Street, Newville, PA 17241.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Thomas Gricks 20 N. Corporation Street
Michele R. Gricks Newville, PA 17241
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above.
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
NONE
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (Please indicate if this
cannot be reasonably ascertained)
NONE
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien on the
property and whose interest may be affected by the sale:
Name
None
Address (Please indicate if this
cannot be reasonably ascertained)
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name
Tax Collector of Newville Borough
Newville Water R Sewage Authority
Pennsylvania Department of Revenue
Office of Chief Counsel
Commonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
Tax Claim Bureau of Cumberland County
Cumberland County Courthouse
Court of Common Pleas of
Cumberland County
Domestic Relations Division
PA Dept. of Sheriff Sales
Bureau of Compliance
Address (Please indicate if this
cannot be reasonably ascertained)
108 West Street
Newville, PA 17241
4 West Street
Newville, PA 17241
Inheritance Tax Dept.
PO Box 281061
Harrisburg, PA 17128
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
One Courthouse Square
Carlisle, PA 17013
P.O. Box 320
Carlisle, PA 17013
Dept. 9281230
Harrisburg, PA 17128-1230
Tenant/Occupant
20 N. Corporation Street
Newville, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.
June 7. 2011
Date
SWORN TO and subscribed
before me this 7th day
of June, 2011.
.,'Notary Publi
coMMONVVFJILTM F YLVANIA
NOW" Seel
sherry L. Mouse, Notary Public
QW of Pftsbufyh, A160" CouRtV
my C?MWAMM 15, 2015
NCrARUS
Louis P. Vitti, Esquire
Attorney for Plaintiff
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Thomas Gricks rn
Michele R. Gricks o C
20 N. Corporation Street ?--
Newville PA 17241'
C
ac:: N AND: ALL LIEN HOLDERS"
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 Cumberland County Courthouse on December 7, 2011 at 10:00 A.M., the
following described real estate, of which Thomas G Ticks and Michele R. Gricks are owners or reputed
owners:
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 20 N. Corporation Street,
Newville, PA 17241. Parcel No. 27-20-1756-067.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of PNC
Bank, National Association vs. Thomas Gricks, et al at 2011-4004 in the amount of $149,064.84.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment. You may have legal rights to prevent your property from
being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights
you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection you
might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice
to Defend, you may have the right to have the judgment opened in you promptly file a petition with the
Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether
the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)
days after service or in certain other events. To exercise this right, you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriffs
Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly
inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a
petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The
Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date
when the Schedule of Distribution is filed in the Office of the Sheri
Louis P. Vitti, Esquire
Attorney for Plaintiff
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
OF A LIEN AGAINST PROPERTY.** -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
vs
THOMAS GRICKS and MICHELE R. GRICKS,
LEGAL DESCRIPTION
Plaintiff,
NO: 11-4004 Civil
Defendants.
ALL that certain tract or parcel of land and premises situate, lying and being in the Borough of Newville,
in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as
follows:
ALL that certain house and lot of ground situate on Corporation Street in the North Ward of the Borough
of Nev ville, County of Cumberland and State of Pennsylvania, bounded and described to wit:
BOUNDED on the West by Corporation Street, on the North by land now or formerly of heirs of
Raymond Neidigh, on the East (erroneously mentioned as "eat" in prior deed) by part of the same lot now
or late of Paul Lehman, having a frontage on Corporation Street of 35 feet and an even depth of 115 feet.
HAVING erected thereon a dwelling known as 20 N. Corporation Street, Newville, PA 17241.
PARCEL NO. 27-20-1756-067.
BEING the same premises which Timothy M. Nye, single man, by Deed dated 11/19/2008 and recorded
12/02/2008 in the Recorder's Office of Cumberland County, Pennsylvania, Instrument No. 200838575,
granted and conveyed unto Thomas Gricks ad Michele Gricks, husband and wife,
KWASNY, REILLY, HAFT & SACCO
By: Russell P. Sacco, Esquire
Attorney ID# 78877
53 S. Main Street
Yardley, PA 19067
(215) 321-0300
Attorney for Defendant
Fli ED-OFFICL
3 r THE RRO7NQR "T^,f''1
i011 JUN 10 AM 9: 554'
CUMBERLAND COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
PNC BANK, NATIONAL ASSOCIATION
Plaintiff No. 11-4004
Vs.
THOMAS GRICKS AND MICHELE R. GRICKS
Defendants
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Thomas Gricks and Michele R. Gricks,
Defendants, in the above-captioned matter.
DATE:
B -
Ru I P. S", Esquire
Attorney for Defendants
KWASNY, REILLY, HAFT & SACCO
By: Russell P. Sacco, Esquire
Attorney ID# 78877
53 S. Main Street
Yardley, PA 19067
(215) 321-0300
Attorney for Defendant
FILED-OFFICE'
f3 ? 7 PRO a?P-i0N0TARY
elf I JUN 10 AIM 9:
f UMSERLANO COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
PNC BANK, NATIONAL ASSOCIATION
Plaintiff No. 11-4004
Vs.
THOMAS GRICKS AND MICHELE R. GRICKS
Defendants
ANSWER TO COMPLAINT
Defendants, Thomas Gricks and Michele R. Gricks, respond to the Complaint in
Mortgage Foreclosure, and state:
1. Denied. Defendants are without sufficient knowledge or information to admit or
deny the allegations of Paragraph 1, and therefore deny the allegations in their
entirety and demands strict proof thereof. By way of further answer, Defendants
specifically deny that the Plaintiff is the holder of the mortgage and has the
authority to seek enforcement of the mortgage through foreclosure.
2. Admitted.
3. Admitted in part, denied in part. It is admitted that the Defendants executed a
note and a mortgage. However, the defendants are without sufficient knowledge
or information to admit or deny the remaining allegations of paragraph 3, and
therefore deny the allegations in their entirety and demands strict proof thereof.
By way of further answer, it is denied that the Plaintiff is a successor by merger to
National City Mortgage and/or a division of National City Bank.
4. Admitted. The Defendants admit that the property described in the document
attached to the Complaint appears to describe the real property owned by the
Defendants.
5. Denied. Said mortgage is a writing that speaks for itself. By way of further Answer,
the Plaintiff has not attached a copy of the mortgage as an exhibit to this Complaint
in Mortgage Foreclosure.
6. Denied. It is denied that Defendant is in default of his obligations pursuant to the
Note and Mortgage. By way of further answer, the Defendants are attempting
to modify the mortgage and the Defendants have been advised to not make any
mortgage payments until a modification plan is approved. Defendants have
acted in good faith in an attempt to obtain a mortgage modification, however,
to date, the Plaintiffs have failed to process said modification application.
7. Denied. It is denied that the Plaintiff provided the Defendants in writing of the
Plaintiffs intention to foreclose pursuant to Pennsylvania Laws of Civil Procedure.
It is further denied that any appropriate time period has elapsed since a Notice of
Intention to Foreclose was served upon the Defendants. In addition, said Notices
are writings that speak for themselves.
8. Denied. The Defendants are without sufficient knowledge or information to admit
or deny the allegations of paragraph 8 and therefore deny the allegations in their
entirety and demand strict proof thereof. Specifically, Defendants are uncertain as
to the accuracy of the calculation of interest, substantiation of claimed attorney's
fees, and other costs associates with the mortgage.
9. Denied. The allegations of paragraph 9 are legal conclusions to which no response
is required from Defendants. To the extent a response is required, Defendants are
without sufficient knowledge or information to admit or deny the allegations of
paragraph 9 and therefore deny the allegations in their entirety and demand strict
proof thereof.
Wherefore, Defendants demand judgment in their favor and seek the dismissal of the
said Complaint in Foreclosure.
bmitted,
ssell moo, Esquire
torney for Defendants
Jun. 7. 2O I I.=. 3: 32 PM
No. 8420 P. 4
VERIFICATION
We, Thomas Gricks and Michele R. Gricks, verify that the statements made in the within
document are true and correct to the best of our knowledge, information and belief.
We understand that false statements herein made are subject to penalties of 18 Pa.
C.S.A. Section 4904 relating to unsworn falsification to authorities.
-4?
Date
Date: .!
Thomas Gri
B
Michele R. Gricks
6/6 d << SOL69LLLL singsLJueH
0056 80-90-66
KWASNY, REILLY, HAFT & SACCO
By: Russell P. Sacco, Esquire
Attorney ID# 78877
53 S. Main Street
Yardley, PA 19067
(215) 321-0300
Attorney for Defendant
COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
PNC BANK, NATIONAL ASSOCIATION
Plaintiff No. 11-4004
Vs.
THOMAS GRICKS AND MICHELE R. GRICKS
Defendants
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Defendant's Answer to Complaint was sent to
the following via first class mail and on the date indicated below:
Lois M. Vitti, Esquire
Vitti & Vitti & Assocaites, P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
KWASNY, REILLY, HAFT &
7
I p Russell P. Say
Date: V Attorney for
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, ;
PENNSYLVANIA
m M
THOMAS GRICKS AND MICHELE R. CIVIL ACTION -LAW X,.
c? i" i-n
r
GRICKS,
?a
Defendants. r co -+
No. 11-4004 Civil C_: `f
STIPULATION
On behalf of their respective clients, counsel for Plaintiff and counsel for Def
d
t
h
b
en
an s
er e
y
stipulate as follows:
WHEREAS, Plaintiff instituted the within action by its complaint filed May 2, 2011; and
WHEREAS, Defendants filed an answer that was docketed on June 10 at 9:54 A.M.; and
WHEREAS, on the same date, Plaintiff filed a praecipe for entry of default judgment that
was docketed at 12:24 P.M.; and
WHEREAS, the answer's filing precludes the default judgment's entry because the former
deprives the Prothonotary of authority pursuant to Pennsylvania Rule of Civil Procedure No.
1037(b) to enter the latter.
WHEREFORE, Plaintiff and Defendants agree that the default judgment entered June 10,
2011, be stricken off and request the Prothonotary to mark its records and indices accordingly.
ConseLtyq by:
s P. Vitti, Esq.,
Counsel for Plaintiff
Date: / o(
Ru 6 cco, Esq.
nsel for Defe dants
Date: i /
E -' 1.13' `_" C L
Vitti & Vitti & Associates, P.C.
BY: Rodney Permigiani, Esquire
I.D. #33311 y(;t(, r ii L FAR 12 f
215 Fourth Avenue
Pittsburgh, PA 15222 ? . , _ ?
(412) 281-1725 ^" : iF ERLAN o f
rh6y for Plaintiff
,?_4
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
THOMAS GRICKS AND MICHELE R. GRICKS,
: No. 1 1-4004
Defendant.
MOTION FOR SUMMARY JUDGMENT
AND NOW comes the above-captioned Plaintiff by and through its counsel, Vitti and
Vitti and Associates, P.C. and Rodney Permigiani, Esquire, who files this Motion for Summary
Judgment, whereof the following is a statement:
1. On May 2, 2011, a Complaint in Mortgage Foreclosure was filed in the above-
captioned matter. Service was made in due course by the Sheriff of Cumberland County
subsequent thereto.
2. Defendants thereafter filed a responsive pleading.
3. There is no genuine issue as to any material fact, and the Plaintiff is entitled to
judgment as a matter of law.
4. The pleadings are closed and this matter shall not delay trial.
WHEREFORE, Plaintiff prays your Honorable Court enter an Order granting Summary
Judgment.
Respectfully submitted,
VITTI I an 0C11ATES,-Pe.C.
BY:
odney P igia squire
Attorne or P ntiff
Vitti & Vitti & Associates, P.C.
BY: Rodney Permigiani, Esquire
I.D. #33311
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
THOMAS GRICKS AND MICHELE R. GRICKS, : No. 1 1-4004
Defendant.
CERTIFICATION OF SERVICE
I, Rodney Permigiani, Esquire, hereby certify that on the T day of 2012, a
true and correct copy of the within pleading was served by Regular U.S. Mail upon:
(List name and address of all counsel of record and unrepresented parties. Specify 'Pro Se- for
unrepresented parties.)
Russell P. Sacco, Esquire
53 S. Main Street
Yardley, PA 19067
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Kodney Per gia squire
Attorney r Pla tiff
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Vs.
THOMAS GRICKS AND MICHELE R. GRICKS, No. 1 1-4004
Defendant.
ORDER OF COURT
AND NOW, to wit, this day of , 2012, in
consideration of Plaintiff's Motion for Summary Judgment and after argument thereon, it is
hereby Ordered, Adjudged and Decreed that said Motion is granted and judgment in mortgage
foreclosure is hereby entered for the Plaintiff and against Defendant[s] for the amount due on
the mortgage as of December 13, 2011, itemized as follows:
Unpaid principal balance $131,969.25
Interest, 8/1 /2010 through 12/13/2011 @ 4.50% 8,118-82
Unpaid late charges 514.21
Escrow deficit 1,850.13
Attorney's fee at 5% 6,598.46
TOTAL DUE $149,050.87.
It is further Ordered that this amount may be increased due to additional disbursements
by the Plaintiff for the payment of taxes, assessments, maintenance charges, insurance
premiums or costs incurred for the protection of the mortgaged premises or the lien of the
mortgage, or expenses incurred by the Plaintiff by reason of the default under the mortgage,
including attorney's fees, by praecipe with notice to all parties.
BY THE COURT:
J.
}
t
1._ 3
r ,
f??1
Vitti & Vitti & Associates, P.C.
BY: Rodney Permigiani, Esquire
I.D. #33311
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
THOMAS CRICKS AND MICHELE R. GRICKS,
Defendant.
No. 1 1-4004
AFFIDAVIT PURSUANT TO PA.R.C.P. 1035.4 AND 76
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
Kelli Peterson hereby states:
1 . I am a[n] Authorized Signer of PNC Bank, National
Association.
2. In the regular performance of my job functions, I am familiar with
business records maintained by PNC Bank, National Association regarding mergers
with and acquisitions of its predecessor entities. These records (which include
data compilations, electronically imaged documents, and others) were made or
received and retained at or near the time by, or from information provided by,
persons with knowledge of the activity and transactions reflected in such records,
and were made and kept in the course of business activity regularly conducted by
PNC Bank,, National Association or its predecessors. In connection with making
this affidavit, I have personally examined the business records relating to such
mergers or acquisitions that are relevant to the mortgage that is the subject of the
instant foreclosure action.
3. Effective November 6, 2009, National City Bank was merged into PNC
Bank, National Association.
The foregoing facts are true based upon my personal knowledge. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. § 4904 relating to unsworn falsification to authorities.
PNC Bank, National Association
By:
Name. K@ili Petersdry?
Title: Authorized Signer
2
Vitti & Vitti & Associates, P.C.
BY: Rodney Permigiani, Esquire
I.D. #33311
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
THOMAS GRICKS AND MICHELE R. GRICKS, No. 1 1-4004
Defendant.
CERTIFICATION OF SERVICE
I, Rodney Permigiani, Esquire, hereby certify that on the Y day of?Edbniarv. 2012, a
true and correct copy of the within pleading was served by Regular U.S. Mail upon:
(List name and address of all counsel of record and unrepresented parties. Specify 'Pro Se- for
unrepresented parties.)
Russell P. Sacco, Esquire
53 S. Main Street
Yardley, PA 19067
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Rodney Pe is ', Esquire
Attorne or PI ntiff
!i
_ 9kiT ?,, il?t
Vitti & Vitti & Associates, P.C.
BY: Rodney ^Permi ieni
__ _- - --1:D: #3331 'I - •, i ? c_ ? ?
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Atlgrn+? ,?f intiff
PNC BANK, NATIONAL ASSOCIATION, ; IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
VS.
THOMAS GRICKS AND MICHELE R. GRICKS, : No. 11-4004
Defendant.
AFFIDAVIT PURSUANT TO PA.R.C.P. 1035.4 AND 76
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
AAA-e-LAI Y yl /s "i -hereby states:
1. I am a[n] Authorized Signer of PNC Bank, National
Association.
2. PNC Bank, National Association, is the mortgagee with respect to a
certain mortgage ("Mortgage") dated January 15, 2009 between Thomas Gricks
and Michele R. Gricks, husband and wife, as mortgagors ("Mortgagors") and
National City Mortgage, a division of National City Bank, which Mortgage was
recorded on January 27, 2009 with the Recorder of Deeds of Cumberland County,
Pennsylvania as instrument number 200902199. A true and correct: copy of said
Mortgage is attached hereto and made part hereof, as Exhibit "A." The Mortgage
secures a certain promissory note dated January 15, 2009 in the principal sum of
$121,550.00, a true and correct copy of which is attached hereto and made part
hereof, as Exhibit "B."
3. A true and correct copy of the Loan Modification Agreement dated
June 23, 2010, is attached hereto and made part hereof, as Exhibit "C."
4. In the regular performance of my job functions, I am familiar with
business records maintained by PNC Bank, National Association for the purpose of
servicing mortgage loans. These records (which include data compilations,
electronically imaged documents, and others) are made or received and retained at
or near the time by, or from information provided by, persons with knowledge of
the activity and transactions reflected in such records, and are made and kept in
the course of business activity regularly conducted by PNC Bank, National
1
Association. In connection with making this affidavit, I have personalfy,examined_
- - ---the- business -records-relating to tF e 'account that forms the basis of the instant
foreclosure action.
5. A true and correct copy of the payment history on the applicable
account is attached hereto and made part hereof, as Exhibit "D."
6. PNC Bank, National Association provided Mortgagor with an Act 6 /
Act 91 Notice of Intention to Foreclose Mortgage and Notice of Homeowner's
Emergency Mortgage Assistance Program. True and correct copies of said notices
are attached hereto and made a part hereof, as Exhibit "E."
7. No payment due under the Mortgage for the month of September
2010 or thereafter has been received, and Mortgagor has failed to satisfy all
arrearages and reinstate their account to a current status.
The foregoing facts are true based upon my personal knowledge. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. § 4904 relating to unsworn falsification to authorities.
PNC Bank, National Association
By:? ?Os•?
Name:_ 1444tftltrt/
Title: Authorized Signer
2
??
,,^ a b ? '? ?.??.
Prepared By:
SUSAN MATHERNE
P.O. Box 8727
Dayton OH 45401-8727
Return To:
National City Bank
P.O. Box 8800
Dayton, OH 45401-8800
Parcel Number 7!5(p o&7
Premises: 1
20 N CORPORATION ST,
NEWVILLE, Pennsylvania 17241
?i za avy
Gy?'RpIIg?CKS X061
[Space Above This Line For Recording Data)
MORTGAGE
0006126844
DEFINITIONS
Words used in multiple sections of this document are defined'below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated January 15, 2009
together with all Riders to this document.
(B) "Borrower" is
THOMAS GRICKS and MICHELE R GRICKS Husband and Wife
Borrower is the mortgagor under this Security Instrument.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT orm 3039 1101
VMP® 6
Wolters Kluwer FJnancial Services Inillals. (PA) {0804).00
Page 1 of 17
I?Ylq
7-I
(D 6()ft37
09-0039
All that certain tract or parcel of land and premises situate, lying and being in the
Borough of Newville, in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
All that certain house and lot of ground situate on Corporation Street int eh North ward
of the Borough of Newville, County of Cumberland and State of Pennsylvania, bounded
and described to wit:
BOUNDED on the west by Corporation Street,,on the north by land now or formerly of
heirs of Raymond Neidigh, on the east (erroneously mentioned as "eat" in prior deed)
by part of the same lot now or late of Paul Lehman, having a frontage on Corporation
Street of 35 feet and an even depth of 115 feet.
(C) "Lender" is National City mortgage a division of
National City Bank
Lender is a National Banking Association
organized and existing under the laws of United States
Lender's address is 3232 NEWMARK DRIVE, MIAMISBURG, OH 45342
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated January 15, 2009
The Note states that Borrower owes Lender
ONE HUNDRED TWENTY ONE THOUSAND FIVE'HUNDRED FIFTY & 00/100 Dollars
(U.S. $ `?121, 550.00 ) plus interest. Borrower 4as promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than February 1, 2039
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property,"
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development 1 ider ? 1-4 Family Rider
0 VA Rider ? Biweekly Payment Rider ? Other(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT orm 3039 1101
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Wolters Kluwer FinanclalServlCes Initials: Page 2of17
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value
and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the County [Type of Recording Jurisdiction]
of Cumberland [Name of Recording Jurisdiction]:
which curre?ttly has the address of
\ 20 N CORPORATION ST r
NEWVILLE
(sweet]
[City], Pennsylvania 17243. [Zip Code]
("Property Address"):
PENNSYLVANIA-Singto Family-Fannlo Mae/Freddie Mac UNIFORM INSTRUMENT
vMP®
Wolters Kluwer Financial Services
Farm 3039 1]01
4N08D4).Do
10111418; 24.3 f 17
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TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the prgperty. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
Property.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Lender may accept any payment or partial ?ayment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No offset or clai(n which Borrower might have now or in the
future against Lender shall relieve Borrower from making payments due under the Note and this Security
Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall toe applied to
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT orm 3038 1101
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each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
time during the term of the Loan, bender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender Waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in Writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts dui for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount ofi Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
/
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The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose leposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and
Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or
earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, .Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a hen which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
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insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be xercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewal of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard' mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
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the sums secured by this Security Instrument, whether or of then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the or#r provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably ;withheld, or unless extenuating circumstances
exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
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9. Protection of Lender's Interest in the Property acid Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is
a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower stall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the insurance
coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss
reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that
the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
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between Borrower and Lender providing for such termination'
or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity tltlst purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible.and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with die excess, if
any, paid to Borrower.
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In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial raking,
destruction, or toss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction,
or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,
destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial takingI, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails
to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 14, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of Property or other material impairment of
Lender's interest in the Property or rights under this Security Ina strument. The proceeds of any award or claim
for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount thep due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successor$ and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security instrument but does not execute the Note (a "co-signer"). (a) is co-signing this
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Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make
any accommodations with regard to the terms of this Security Instrument or the Note without the cc-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. in
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits
will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under
the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by nod" to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender species a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement. will satisfy
the corresponding requirement under this Security Instrument.
I
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Ib. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
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.
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. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this $ecurity Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENt m 3039 1101
VMP 8 ? 8(PA) t0804).00
Wolters Kluwer Financial Services Initials: Page 13 of 17
??V
F
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale or Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations
under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of
the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the
Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser
unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT iForm 3039 1101
VMP a MPB)PA) (0904).00
wollars Kluwer Financial Services Inlllals: Page 14 011 17
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which 'Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower teams, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default
must be cured; and (d) that failure to cure the default as specified may result in acceleration of the
sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property.
Lender shall further inform Borrower of the right to reins ate after acceleration and the right to assert
in the foreclosure proceeding the non-existence of a de ault or any other defense of Borrower to
acceleration and foreclosure. If the default is not cured as. specified, Lender at its option may require
immediate payment in full of all sums secured by this Security Instrument without further demand and
may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all
expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to,
attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rats payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rage payable from time to time under
the Note.
PENNSYLVANIA.Single Family-Fannle Mao/Fraddie Mac UNIFORM INSTRUMENT Form 3039 1/01
VMP a V P8(PA) (0804).00
Wolters Kluwer Financial Services In Itiala; ? Page 15 of 17
BY SIGNING BELOW, Borrower accepts and agrees, to the terms and covenants contained in this
Security instrument and in any Rider executed by Borrower acid recorded with it,
Witnesses:
_ (Seal)
-Borrower
(Seal)
-Borrower
- (Seal)
-Borrower
L? (Seal)
THOMAS GRICKS -Borrower
r ?
-(Seal)
MICHELE R GRICKS -Borrower
(Seal)
-Borrower
- (Seal)
-Borrower
_ (Seal)
-Borrower
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1701
VMP ® PS(PAI (0804).00
Wolters Kluwer Financial Services Inltlals:G Page 18 of 17
"4
COMMONWEALTH OF PENNSYLVANIA, C V R13 KLAN4 County ss:
On this, the LS'D' day of \Jo v%tr,,r ?}QCiS' before me, the
undersigned officer, personally appeared
7'iAavAa;5 Gr;ck5 H tCLie4 R . ?rlC?r
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that he/she/Ihey executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
Notarial al
Charles O. Zieghm Se Jr, Public G,
Spring Barden UP- York Ceuniy 'LL qk
My Commission Expires Doc. M
Member, Pennsylvania At;sociano^ of Notaros
1?-. Ptl?? t?
Title of Officer
Certificate of R ' ence? / eortgagee rhS U do hereby certify that
the correct address of the within-named is 3232 Niwzrtad(>vt 1?1iaYn+S?l?lr o O?, 4,_3
Witness my hand this day of QawUC.,r
(,A gent of Mortgagee
PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT orm 3038 1101
VMP ® __Z?o (PA) (0804).00
Wolters Kluwer Financial Services Initial: Page 17 of 17
"IF.,
0006126844
VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER
NOTICE: THIS LOAN IS NOT ASSUMABLE
WITHOUT THE APPROVAL OF THE DEPARTMENT
OF VETERANS AFFAIRS OR ITS AUTHORIZED
AGENT.
THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 15thday
of January , 2009 , and is incorporated into and shall be deemed to amend and
supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security
Instrument") dated of even date herewith, given by the undersigned (herein "Borrower") to
secure Borrower's Note to
National City mortgage a division of
National City Bank
(herein "Lender") and covering the Property described in the Security Instrument and
located at
20 N CORPORATION ST NEWVILLE Pennsylvania , 17241
(Property Address]
VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made
in the Security Instrument, Borrower and Lender further covenant and agree as follows:
If the indebtedness secured hereby be guaranteed or insured under Title 38, United States
Code, such Title and Regulations issued thereunder and in effect on the date hereof shall
govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the
Security Instrument or other instruments executed in connection with said indebtedness
which are inconsistent with said Title or Regulations, including, but not limited to, the
provision for payment of any sum in connection with prepayment of the secured
indebtedness and the provision that the Lender may accelerate payment of the secured
indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or
negated to the extent necessary to conform such instruments to said Title or Regulations.
MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER
-538R (0405) 10!
Page 1 of 3 initials:
( 00)52 rtg291 Solutions, Inc. A f'L 11111111 jjjjjI1I1 1111111111 jjlj 1111
LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four
per centum (4%) of the overdue payment when paid more than fifteen (15) days after the
due date thereof to cover the extra expense involved in handling delinquent payments, but
such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the
indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire
indebtedness and all proper costs and expenses secured hereby.
GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty
in full amount within 60 days from the date that this loan would normally become eligible for
such guaranty committed upon by the Department of Veterans Affairs under the provisions
of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the
indebtedness hereby secured at once due and payable and may foreclose immediately or
may exercise any other rights hereunder or take any other proper action as by law provided.
TRANSFER OF THE. PROPERTY: This loan may bel declared immediately due and payable
upon transfer of the property securing such loan to any transferee, unless the acceptability
of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title
38, United States Code.
An authorized transfer ("assumption") of the property shall also be subject to additional
covenants and agreements as set forth below:
(a) ASSUMPTION FUNDING FEE: A fee equal to one-half of 1 percent
( . 50 %) of the balance of this loan as of the date of transfer of the property
shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee
for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of
transfer, the fee shall constitute an additional debt to that already secured by this
instrument, shall bear interest at the rate herein provided, and, at the option of the payee of
the indebtedness hereby secured or any transferee thereof, shall be immediately due and
payable. This fee is automatically waived if the assumer is exempt under the provisions of
38 U.S.C. 3729 (c).
(b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow
assumption of this loan, a processing fee may be charged by the loan holder or its
authorized agent for determining the creditworthiness of the assumer and subsequently
revising the holder's ownership records when an approved transfer is completed. The
amount of this charge shall not exceed the maximum established by the Department of
Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States
Code applies.
(c) AS5UMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the
assumer hereby agrees to assume all of the obligations of the veteran under the terms of
the instruments creating and securing the loan. Th'e assumer further agrees to indemnify
the Department of Veterans Affairs to the extent of any claim payment arising from the
guaranty or insurance of the indebtedness created by this instrument.
=- 538R (0405) Page 2 of 3
Initials: ®?
IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed 'Loan and
Assumption Policy
'fHOMAS GRICKS -Borrower X3CHELE R GRI s -Borrower
-Borrower
-Borrower
-Borrower
Ct-538R (0405) Page 3 of 3
V 't, l .. v
,jettlement ^rvices, Inc.
1 441 East U,arket Street
'::._:. .. 17403
-Borrower
-Borrower
-Borrower
A ? .. I
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200902199
Recorded On 1127/2009 At 11:55:48 AM
* Instrument Type - MORTGAGE
Invoice Number - 36033 User ID - MBL
* Mortgagor - GRICKS, THOMAS
* Mortgagee - NATIONAL CITY MORTGAGE
* Customer - WHITE ROSE SETTLEMENT SER INC
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $45.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $82.50
I Certify this to be recorded
in Cumberland County PA
oI ,D
0 c
RECORDERIO 7EDS
1750
* Total Pages - 22
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
lnlllllfl
1111111111111111111111111
U
101066600311 0006126844
NOTE
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTHORIZED AGENT.
January 15 , 2009 YORK PA
[Date]
[City]
[State]
20 N CORPORATION ST, NEWVILLE, Pennsylvania 17241
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. S 121, 550.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is
National City Mortgage a division of National City Bank
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 on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 4.750 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the lst day of each month beginning on March lot 2009 1 will make
these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe
under this Note. Each monthly pa meet will be applied as of its scheduled due date and will be applied to interest before Principal.
If, on February lot 2039 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is
called the "Maturity Date."
I will make my monthly payments at National City Mortgage
PO Box 533510, Atlanta, GA 30353-3510 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 634.07
4. BORROWER'S RIGHT TO PREPAY
The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof
not less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be
credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment
due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier.
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
Amended for Veterans Affairs
Form 3200 1/01
-5G (0,121 Amended 8100
e VMP MORTGAGE FORMS - (800)521.7281
Page 1 of 3 Init;q?
:
U
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: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any stuns already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.00 % of
my overdue payment. I,will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and 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 default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 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 delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above 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 a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us may he required to pay all of
the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
-513 (0212)
Pape 2 of 3
Form 3200
Initials
?1_df XF.
U
10. ALLONGE TO THIS NOTE
If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower
together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of
this Note as if the allonge were a part of this Note. [Check applicable box]
? Graduated Payment Allonge ? Other [Specify]
? Other [Specify]
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note
Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note,
protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That
Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts
I owe under this Note. Some of those conditions are described as follows:
Regulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs ("VA") Guaranteed Loan
Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and
liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations
are hereby amended and supplemented to conform thereto.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
THOMAS GRICKS Borrower MIC LE R GRICKS Borrower
(Seal)
-Borrower
-(Seal)
-Borrower
-. (Seal)
-Borrower
-(SW)
-Borrower
(Seal)
-Borrower
-(Seal)
Borrower
[Sign Original Only]
M 0-5G (0212( Page 3 of 3 Form 3200 1101
Space Above This Line For Recording Data
Prepared By: PNC MongaM a Divisiom of?NC Bacot NA
CARL GARR= Homeowners Assistance Dep&=czfi
Building 5
3232 Newmark Drive
Miamisburg OH 45342
PNC 6126844
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
This Loan Modification Agreement ("AgreemenC) is made this 23rd
between THOMAS GRICKS & MICHELE R GRICKS
and PNC Mortgage, a Division of PNC Bank NA ("Lender', amends and
supplements (1) the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") ,
dated January 15, 2009 and recorded
As Instrument Number 200902199
VA Case No:
101060600311
day of June
12010,
January 27, 2009
of the Official Records of CUMBERLAND County, PA
and (2) the Note bearing the same date as, and secured by, the Security Instrument, which covers the real and personal
property described in the Security Instrument and defined therein as the 'Property," located at
20 N CORPORATION ST NEWVILLE PA , 17241
The real property described being set forth as follows:
See Attached Exhibit A
In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows
( notwithstanding anything to the contrary contained in the Note or Security Instrument):
As of July 1, 2010 , the amount payable under the Note and the Security
Instrument (the "unpaid Principal Balance' is U.S. $132,143.26
consisting of the amount(s) loaned to the Borrower(s) by the lender and any interest capitalized to date.
The borrower(s) promises to pay the Unpaid Principal Balance, plus interest, to the order of the
tender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 4.500%
from July 1, 2010 . The Borrower(s) promises to make monthly payments of principal
and interest of U.S. $669.55 beginning on the day of August 1, 2010
and continuing thereafter on the same day of each succeeding month until principal and interest are
paid in full. If on July 1, 2040 , the Borrower(s) still owes amounts under the Note
and the Security Instrument, as amended by this Agreement, the Borrower(s) will pay these amounts
in full on the Maturity Date.
The Borrower will make such payments at (tender's address)
PNC Mortgage
a Division of PNC Bank NA
3232 Newmark Drive,
Miamisburg Ohio, 45342
or at such other place as the Lender may require.
3. The Borrower(s) represents that the Borrower(s) ? is, is not, the occupant
of the Property.
4. The Security Instrument, including without limitations, the Borrower's covenants and agreements to
make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other
payments that the Borrower(s) is obligated to make under the Security Instrument; however, the
following terms and provisions are forever canceled, null and void, as of the date specified in
paragraph number 1 above:
a. Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate
of interest payable under the Note; and
b. all terms and provisions of any adjustable rate rider or other instrument or document that is affixed
to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that
contains any such terms and provisions as those referred to in (a) above.
5. Nothing in this Agreement shall be understood or construed to a satisfaction or release in whole or
in part of the Note and Security Instrument. Except as otherwise specifically provided in this
Agreement, the Note and Security Instrument will remain unchanged, and the Borrower(s) and Lender
will be bound by, and comply w' II of the terms and provisions thereof, as amended by this
Agreement.
49
THOMAS GRI S fitness Sign re
MI EL R GR KS
Printed Name:
?2h L- fd
Witness Sign re
Printed Name: r
(Space Below This Line For Acknowledgement)
STATE OF. 0' ? ?'
COUNTY OF: +M r r (,IJ
On this / a day of 2010, before me a notary public came the above named
THOMAS GRICKS & MICHELE R CRICKS
acknowledged the within indenture of Mortgage to be their act and deed, and desired the same to be recorded
as such.
Witness my hand and seal, the day and year aforesaid.
My commission expires: / {-) 3
1 'd
Notary P
ublic Signature
F P. N
NOTARIAL SEAT.
DEBORAH WARREN. Notary pubpo
iro Twp., CwtibBriarM
MY ?NNSOM Exp6m Nov. g, in 13
y
LENDER: PNC Mortgage, a Division of PNC Bank NA
BORROWER(S): THOMAS GRICKS
MICHELE R GRICKS
PROPERTY ADDRESS: 26 N CORPORATION ST
NEVJVILLE PA 17241
LOAN NUMBER: 6126844
ERROR AND OMISSIONSICONTLIANCE AGREEMENT
STATE OF PA
COUNTY OF CUMBERLAND
The undersigned borrower(s) for and in consideration of the above referenced Lender this date funding the
closing of this loan agrees, if requested by Lender or Closing Agent for Lender, to fully cooperate and adjust
for clerical errors, any or all loan closing documentation if deemed necessary or desirable in the reasonable
discretion of Lender to enable Lender to sell, convey, seek guaranty or market said loan to any entity,
including but not limited to an investor, Federal National Mortgage Association, Federal Home Loan
Mortgage Corporation, Government National Mortgage Association, Federal Housing Authority or the
Department of Veterans Affairs.
The undersigned borrower(s) do hereby so agree and covenant in order to assure that this loan documentation
executed this date will conform and be acceptable in the marketplace in the instance of transfer, sale or
conveyance by Lender of its ' est t and to said loan documentation.
DATED is day of 7)-U /y 2010
THOMAS GRICKS CHELE R GR1CKS
Sworn to and subscribed before me this day of
My Commission Expires:
.1..r?yy?aLTM1 OFpYLV
NOTARWL SEAL.
DEBORAH WARREN, Nom GountiY
? Twp., Currtbe
My Expires Nov. 8, 2015
(Saw)
PNC Mortgage tel.
a dh ision of ?NC Bank NA
r
By. Eileen Burrs anon Yerian Witness
Its: Authorized Representative
John Schwab Witness
(Space Below This Line For Corporate Acknowledgement)
STATE OF: OHIO
COUNTY OF: MONTGOMERY
BEFORE ME, the undersigned authoriry, on this day personalty appeared Eileen BuvaIl an
Authorized Representative of PNC Mortgage, A Division of PNC BankNA. known to
me to be a person whose name is subscribed to the following instrument and acknowledged to me that he/she executed the same
for the purposes and consideration therein ing ressed as the act and deed of said corporation/association and in the capacity
therein stated.
GIVEN UNDER MY HAND AND OFFICIAL SEAT, this day of _ '!• .2010.
Notary Public (Seal)
Printed Name: Elaine M Ituble
My Commission Expires: 1=013
ELIINE M. RUBLE, Notary Publle
In and for the State of Ohio
My Co"15slon Expires Jan, 2, 2013
LN# 0006126844 THOMAS GRICKS MICHELE R GRICKS EMP 0 POFO
DUE PROC TP SO AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CF
DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT
07-17-09 L
BATCH 5S1 EDIT-SEQ 267449 ACTION 1029
05-09 07-20 1 73 1 .00 154.1.5 121089.38 479.92 1.40.83 822.68 .00 .00 .00 .00 1
774.90-W
07-20-09 L
25.26 AA
BATCH 929 EDIT-SEQ 999999 ACTION 0029
06-09 08-17 1 52 1 .00 .00 121089.38 .00 .00 822.68 .00 .00 .00 .00 31.00- it
08-09 08-20 3 14 1 CHECK #WIRE 1106.71- 284.03- PAYEE CD 370410630
06-09 08-20 1 61 2 284.03 .00 121089.38 .00 284.03 .00 284.03 .00 .00 .00 1
06-09 09-16 1 52 1 .00 .00 121089.38 .00 .00 .00 284.03 .00 .00 .00 31.00- 11
02-10 10-06 3 51 1 CHECK #990739 MICR CHECK #0005990739 212.00- 212.00- PAYEE CD 75689
06-09 10-06 161 2 212.00 .00 121089.38 .00 212.00 .00 496.03 .00 .00 .00 1
06-09 10-16 1 52 1 .00 .00 121089.38 .00 .00 .00 496.03 .00 .00 .00 31.00- 11
06-09 11-09 1 73 1 .00 .00 121089.38 .00 .00 .00 496.03 .00 .00 .00 5.00 S1
5.00-W
BATCH SMU EDIT-SEQ 522662
06-09 11-09 173 2 .00 .00 121089.38 .00 .00 .00 496.03 .00 .00 .00 31.00 11
31.00-W
BATCH 5MU EDIT-SEQ 522663
06-09 11-16 1 52 1 .00 .00 121089.38 .00 .00 .00 496.03 .00 .00 .00 31.00-11
06-09 12-16 1 52 1 .00 .00 121089.38 .00 .00 .00 496.03 .00 .00 .00 31.00-11
REQ-BY TOTALS 3,742.91 1,615.61 .00 59.63
Y/E 460.62 1,622.68
OTHER AMOUNT CODES
A=FHA-PENALTY G=SER=INTEREST-PAID TO POOL K=INT-DUE-PD P=ACCRUED-IOE/TORE U=REAPPLICATION-FEE Y=HUD-FUND
B=BSC H=FEE-AMT L=PD-THRU-DT R=UE-INT-AMT V=ESCROW-ADVANCE 2=RESTRICTED-ESCROW
C=235-FEE 1=A-H-PD M=ADVANCE-EFF-DATE S=CR-LIFE-AMT W=SUSPENSE DI=DEFERRED-INT-BAL
F=MISC 1=LIFE-PD N=ADVANCE-MEMO-AMT T=ORIG-FEE-AMT X=REPLACEMENT-RESERVE
AA=SER-FEE-PD AB=DEFERRED-INT-PD AC=LIFE-DEF-INT-PD AD=CHECK-NO AE=DEFERRED-INT-LTD-PD AF=LIFE-DEFERRED-INT-LTD-PD
AG=SUB-CODE AJ=DEF-INT-ADJ-FLAG AK=ADV-AMT-RECD AL=TRAN-SOURCE AM=IOC-SPEC-INT-PD AN=NON-REC-CORP-ADV AP=DATE-STA
STAMP AR=MTGR-REC-CORP-ADV AS=PREV-POSTED AT=3RD-REC=CORP-ADV AY=ADJ YE 10981ND AZ=CHOICES-PD
FEE CODES: 1=LATE-CHARGE 2=BAD-CK-FEE 3=CHG-OWNER
14331-721 PNC BANK, NATIONAL ASSOCIATION LOAN HISTORY Y-T-D INV 106 CAT 014 INV# 0201433968 T12 12/31/10
PAGE 7893:
LN# 0006126844 THOMAS GRICKS MICHELE R GRICKS EMP 0 POFO
20 N CORPORATION ST NEWVILLE PA 17241
1ST MTGE PRIN 2ND MTGE PRIN ESC BAL REST ESC SUSPENSE ADV BAL REPL RES HUD BAL LC BAL INT DUE DUE DATE HUD PRT OF M
131,969.25 .00 260.22 .00 .00 .00 .00 .00 481.08 .00 09-01-10 .00 N2 0
P & 11ST P&I 2ND CO TAX CITY TAX HAZ INS M I P LIEN BSC A & H LIFE MISC REP RES TOT PAYMT INT RATE DT BM
669.55 .00 .00 27.72 32.25 .00 95.91 .00 .00 0 .00 0 .000 .00 829.72 .0450000 16
OVER/SHORT AMT 4.29
1ST ORIG MTG 2ND ORIG MTG PRIN BAL BEG INT IND CAP FLAG MTGR SSN DEF INT BAL PRIOR YR PPD INT PPD INT IND GPM ORG
121,550 0 121,089.38 172 40 5056 0.00 0.00 0 0
ASSUM-DT XFER-DEED FHA-SEC/NUM LIP PAYOFF FC-TRK-SW YE-ACQ-RPT/DATE SALE-ID EXEMPT PLGD-LN PMT-OPT CALC:-METH ELOC BW
/0600311
PMT PERIOD 1098-DET-HIST POINTS-PAID/RPTG YR SUPPR-MICR-STMT DI-NOT-RPT-YR REAS CAUS RI-HDR-SW 1ST-DUE-DT REO STAT/CO
12 OJ Y 03-09
IOE CREDIT YTD/W-H SW/W-H BALANCE [ORE CREDIT YTD/W-H SW/W-H BALANCE CONSTR CD NO PURGE FLAG/YR BNKRPT STAT LAST D
.00 .00 .00 .00 07-40
REC CORP ADV BAL 3RD REC CORP ADV BAL FOR ECL WKST CODE/REINSTATE DATE )NIT ESC STMT CODE/ DATE LOSS M17 STATUS/COMPL
1,149.00- .00 R 08-04-10 9 02-02-09 A 08-25-10
DUE PROC TP SO AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CF
DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT
BAL-FWD 121089.38 .00 496.03 .00 .00
06-09 01-19 1 52 1 .00 .00 121089.38 .00 .00 .00 496.03 .00 .00 .00 32.83- 11
02-10 01-22 3 51 1 CHECK #240803 MICR CHECK #0006240803 387.00- 387.00- PAYEE CD 75689
06-09 01-22 1 61 2 387.00 .00 121089.38 .00 387.00 .00 883.03 .00 .00 .00 1
06-09 01-25 186 1 FULLSETTLEMENT PRIN 121089.38 INT 4313.81
00-00 01-25 6 Ol 2 .00 PROCES SZF REASON 0110 CORP:SEQ Ol PAYEE 15N98 ORIG PAY 121089.38 AN
CHECK #243795 MICR CHECK #0006243795
00-00 01-25 6 Ol 3 .00 PROCES SZF REASON 0110 CORP:SEQ Ol PAYEE 32N68 ORIG PAY 4313.81 AN
CHECK #243795 MICR CHECK #0006243795
06-09 02-16 1 52 1 .00 .00 121089.38 .00 .00 .00 883.03 .00 .00 .00 32.83- 11
06-09 02-18 1 43 1 .00 .00 121089.38 .00 .00 .00 883.03 .00 .00 .00 1
BATCH 009 EDIT-SEQ 012610
06-09 03-16 1 52 1 .00 .00 121089.38 .00 .00 .00 883.03 .00 .00 .00 32.83-11
04-10 04-12 3 13 1 CHECK #WIRE 332.60- 332.60- PAYEE CD 370411711
06-09 04-12 1 61 2 332.60 .00 121089.38 .00 332.60 .00 1215.63 .00 .00 .00 1
06-09 04-16 1 52 1 .00 .00 121089.38 .00 .00 .00 1215.63 .00 .00 .00 32.83-11
00-00 06-14 6 30 1 .00 PROCES NFC REASON ATTF F/C ATTORNEY FEE CORP:SEQ PAYEE 19R66 ORIG PAY FC2727 375.00 AR
CHECK #557068 MICR CHECK #0006557068
00-00 06-14 6 32 2 .00 PROCES NFC REASON FSHF SHERIFF COSTS CORP:SEQ PAYEE 19866 ORIG PAY FC2727 10.00 AR
CHECK #557135 MICR CHECK #0006557135
00-00 06-14 6 32 3 .00 PROCES NFC REASON FTLE TITLE CLAIM CORP:SEQ PAYEE 19R66 ORIG PAY FC2727 10.00 AR
CHECK #557135 MICR CHECK #0006557135
00-00 06-14 6 32 4 .00 PROCES NFC REASON FTLE TITLE CLAIM CORP:SEQ PAYEE 191366 ORIG PAY FC2727 200.00 AR
CHECK #557135 MICR CHECK #0006557135
00-00 07-14 6 33 1 .00 PROCES IJQ REASON FBPO FCL BPO CORP:SEQ PAYEE 19R66 ORIG PAY KU202 125.00 AR
CHECK #622366 MICR CHECK #0006622366
06-09 07-30 1 72 1 821.75 .00 121089.38 .00 AO .00 1215.63 .00 .00 .00 1
821.75 W
07-30-10 L
m
14331-721 PNC BANK, NATIONAL ASSOCIATION LOAN HISTORY Y-T-D INV 106 CAT 014 INV# 0201433968 T12 12/31/10
LOAN-NO (CONT'D) PAGE 78931
LN# 0006126844 THOMAS GRICKS MICHELE R GRICKS EMP 0 POFO
DUE PROC TP SO AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CF
DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT
BATCH 860 EDIT-SEQ 212019 ACTION 1025
00-00 08-04 6 32 1 .00 PROCES VGI REASON WOIC INV MOD CAP CORP:SEQ PAYEE 19T66 ORIG PAY W0004 2474.54 AT
CHECK #671095 MICR CHECK #0006671095
06-09 08-05 1 73 1 2474.54 00 121089.38 .00 2474.54 2474.54 1215.63 .00 .00 .00 1
BATCH 8YF EDIT-SEQ 239353
06-09 08-05 1 68 2 .00 .00 121089.38 .00 1215.63- 1258.91 .00 .00 .00 .00 1
1215.63 V
BATCH 8YF EDIT-SEQ 239353
00-00 08-09 7 45 1 121089.38 PROCES OOY REASON CLNT LOAN TRANSFERRED CORP:SEQ PAYEE 15N06 ORIG PAY 121089.38 AN
CHECK #
00-00 08-09 7 45 2 121089.38-PROCES OOY REASON CLNT LOAN TRANSFERRED CORP:SEQ PAYEE 15N98 ORIG PAY 121089.38-AN
CHECK #
06-09 08-18 1 43 1 .00 11053.88- 132143.26 .00 .00 1258.91 .00 .00 .00 .00 1
BATCH RXB EDIT-SEQ 156313
08-10 08-18 1 43 2 .00 .00 132143.26 .00 .00 1258.91 .00 .00 .00 .00 1
BATCH RXB EDIT-SEQ 156314
DUE DATE AD1 OLD: 06/01/09 NEW: 08/01/1C
08-10 08-19 3 14 1 CHECK #WIRE 1150.89- 108.02 PAYEE CD 370410630
08-10 08-24 1 73 1 .00 174.01 131969.25 495.54 152.20 260.22 .00 .00 .00 .00 1
821.75-W
08-18-10 L
27.53 AA
BATCH 8A7 EDIT-SEQ 318809
00-00 09-02 7 66 1 500.00 PROCES SET REASON WOFI W/O FEE INCOME CORP:SEQ PAYEE 75N48 ORIG PAY 500.00 AN
CHECK #
09-10 09-16 1 52 1 .00 .00 131969.25 .00 .00 260.22 .00 .00 .00 .00 33.19-11
00-00 09-29 7 45 1 11053.88 PROCES AVD REASON CLMD LOAN MOD CORP:SEQ PAYEE 15N06 ORIG PAY 11053.88 AN
CHECK #
00-00 09-29 7 45 2 1869.00-PROCES AVD REASON WOMC LOAN MOD CORP:SEQ PAYEE 191166 ORIG PAY 1869.00-AR
CHECK #
00-00 09-29 7 45 3 2474.54-PROCES AVD REASON WOMC LOAN MOD CORP:SEQ PAYEE 19T66 ORIG PAY 2474.54-AT
CHECK #
00-00 09-29 7 45 4 6710.34-PROCES AVD REASON CLMD LOAN MOD CORP:SEQ PAYEE 34N12 ORIG PAY 6710.34-AN
CHECK #
09-10 10-18 152 1 .00 .00 131969.25 .00 .00 260.22 .00 .00 .00 .00 33.19-11
09-10 10-27 143 1 .00 .00 131969.25 .00 .00 260.22 .00 .00 .00 .00 1
BATCH 009 EDIT-SEQ 0023 60
09-1011-16 152 1 .00 .00 131969.25 .00 .00 260.22 .00 .00 .00 .00 33.19-11
09-1012-16 1 52 1 .00 .00 131969.25 .00 .00 260.22 .00 .00 .00 .00 33.19-11
REQ-BY TOTALS 4,015.89 495.54 .00 130,076.81
Y/E 10,879.87- 2,130.71
OTHER AMOUNT CODES:
A=FHA-PENALTY G=SER=INTEREST-PAID TO POOL K=INT-DUE-PD P=ACCRUED-IOE/TORE U=REAPPLICATION-FEE Y=HUD-FUND
B=BSC H=FEE-AMT L=PD-THRU-DT R=UE-INT-AMT V=ESCROW-ADVANCE Z=RESTRICTED-ESCROW
C=235-FEE 1=A-H-PD M=ADVANCE-EFF-DATE S=CR-LIFE-AMT W=SUSPENSE DI=DEFERRED-INT-BAL
F=MISC J=LIFE-PD N=ADVANCE-MEMO-AMT T=ORIG-FEE-AMT X=REPLACE MENT-RESERVE
AA=SER-FEE-PD AB=DEFERRED-INT-PD AC=LIFE-DEF-INT-PD AD=CHECK-NO AE=DEFERRED-INT-LTD-PD AF=LIFE-DEFERRED-INT-LTD-PD
AG=SUB-CODE AJ=DEF-INT-ADJ-FLAG AK=ADV-AMT-RECD AL=TRAN-SOURCE AM=IOC-SPEC-INT-PDAN=NON-REC-CORP-,4DV AP=DATE-STP
STAMP AR=MTGR-REC-CORP-ADV AS=PREV-POSTED AT=3RD-REC=CORP-ADV AY=AD1 YE 1098IND AZ=CHOICES-PD
FEE CODES: 1=LATE-CHARGE 2=BAD-CK-FEE 3=CHG-OWNER
SERI 0006126844 _ CUSTOMER SERVICE INV 106/014 12/13/11 19:16:05
THOMAS GRICKS 1C TYPE V.A. MAN D
MICHELE R GRICKS IR 4.50000 BR N2 [Social Security Numbers and phone
20 N CORPORATION ST NEWVILLE PA 17241 C numbers redacted]
_ CSFCRY < FIRST CALL RESOLUTION YES >: 08/26/11
-----HIST---------------------- * LOAN HISTORY *--------------------------(MORE)
PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE
TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION
10-27-11 09-11) 147 MISAPPLIED PAYMENT CORRECTION
0.00 0.00 0.00 0.00 225.08- SUSPENSE
09-29-11 09-10 173 PAYMENT
225.08 0.00 0.00 0.00 225.08 SUSPENSE
09-29-11 00-00 601 MISCELLANEOUS CORPORATE DISBURSEMENT
225.08 0.00 0.00 0.00 225.08 NON REC CORP ADV
08-15-11 09-10 161 ESCROW ADVANCE
1,308.91 0.00 0.00 1,308.91
08-15-11 08-11 314 SCHOOL TAX DISBURSEMENT
1,308.91- 0.00 0.00 1,308.91- PAYEE= 370410630
1,850.13-
---* PF2 FOR ADDL MESSAGES *--------------------------------------
FROM PMSP: USER ID VCA SENT LETTER P5640 ON 10/27/11
PRESS PF14 FOR MEMOS ACTIVE FORECLOSURE
FULL SETTLEMENT 01/25/10 REMOVED LOSS MITIGATION
SER10006126844 CUSTOMER SERVICE INV 106/014 12/13/11 19:16:05
THOMAS GRICKS LC TYPE V.A. MAN D
MICHELE R GRICKS IR 4.50000 BR N2 [Social Security Numbers and phone
20 N CORPORATION ST NEWVILLE PA 17241 1 numbers redacted]
CSFCRY < FIRST CALL RESOLUTION YES >: 08/26/11
---` PF2 FOR ADDL MESSAGES *----- --------------- ----------
FROM PMSP: USER ID VCA SENT LETTER P5640 ON 10/27/11.
PRESS PF14 FOR MEMOS ACTIVE FORECLOSURE
FULL SETTLEMENT 01/25/10 REMOVED LOSS MITIGATION
06-14-11 00-00 632 STATUTORY EXPENSES
75.00 0.00 0.00 0.00 75.00 MTGR REC CORP ADV BA
06-14-11 00-00 632 STATUTORY EXPENSES
38.00 0.00 0.00 0.00 38.00 MTGR REC CORP ADV BA
06-14-11 00-00 632 STATUTORY EXPENSES
1,500.00 0.00 0.00 0.00 1,500.00 MTGR REC CORP ADV BA
06-14-11 00-00 632 STATUTORY EXPENSES
50.00 0.00 0.00 0.00 50.00 MTGR REC CORP ADV BA
06-14-11 00-00 632 STATUTORY EXPENSES
17.50 0.00 0.00 0.00 17.50 MTGR REC CORP ADV BA
06-14-11 00-00 630 ATTORNEY ADVANCES
575.00 0.00 0.00 0.00 575.00 MTGR REC CORP ADV BA
05-18-11 00-00 632 STATUTORY EXPENSES
200.00 0.00 0.00 0.00 200.00 MTGR REC CORP ADV BA
05-18-11 00-00 632 STATUTORY EXPENSES
100.00 0.00 0.00 0.00 100.00 MTGR REC CORP ADV BA
05-18-11 00-00 632 STATUTORY EXPENSES
15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA
05-18-11 00-00 632 STATUTORY EXPENSES
92.00 0.00 0.00 0.00 92.00 MTGR REC CORP ADV BA
05-18-11 00-00 630 ATTORNEY ADVANCES
675.00 0.00 0.00 0.00 675.00 MTGR REC CORP ADV BA
04-15-11 09-10 161 ESCROW ADVANCE
40144 0.00 0.00 403.44
04-15-11 04 11 313 CITY TAX DISBURSEMENT
403.44- 0.00 0.00 403.44- PAYEE = 370411711
541.22-
01-24-11 09-10 161 ESCROW ADVANCE
137.78 0.00 0.00 137.78
01-24-11 02-11 351 HOMEOWNERS INSURANCE DISBURSEMENT
398.00- 0.00 0.00 398.00- PAYEE = 75689
137.78-
01-18-11 09-10 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 33.13-1 LATE CHARGE FEE
01-03-11 00-00 601 MISCELLANEOUS CORPORATE DISBURSEMENT
500.00 0.00 0.00 0.00 500.00 NON REC CORP ADV
12-16-10 09-10 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 33.19-1 LATE CHARGE FEE
11-16-10 09-10 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 33.19-1 LATE CHARGE FEE
10-27-10 09-10 143 ADJUSTMENT
0.00 0.00 0.00 0.00
10-18-10 09-10 152 LATE CHARGE ASSESSMENT
0.00 0.00 0.00 0.00 33.19-1 LATE CHARGE FEE
09-29-10 00-00 745 CORPORATE ADVANCE ADJUSTMENT
6,710.34- 0.00 0.00 0.00 6,710.34- NON REC CORP ADV
09-29-10 00-00 745 CORPORATE ADVANCE ADJUSTMENT
2,474.54- 0.00 0.00 0.00 2,474.54- 3RD REC CORP ADV
Q PN
MOKTUNGE-
P.O. Box 1820
Dayton, Ohio 45401-1820
November 15, 2010
56626-0000236-001-001-000-000-000
GRICKS,THOMAS
20 N CORPORATION ST
NEWVILLE PA 17241-1104
11111111
7107 8381 6540 2116 8431
PNC Mortgage
3232 Newmark Drive
Miamisburg, Ohio 45342
Telephone: (937) 910-1200
Mailing Address:
P.O. Box 1820
Dayton, Ohio 45401-1820
DATE: November 15, 2010
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose Specific information about the nature of the default is provided in the attached Pages
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling .A.gene;ec servingyouur County
are listed at the end of this Notice If you have any-.questions. you mU call the Pennsylvania Housing
Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869 .
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact
an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): GRICKS,THOMAS
GRICKS,MICHELE R
PROPERTY ADDRESS: 20 N CORPORATION ST
LOAN ACCT. NO.: 0006126844
ORIGINAL LENDER: n/a
CURRENT LENDER/SERVICER: PNC
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT .
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must
arrange and attend a "face-to-face'ineeting with one of the consumer credit counseling agencies listed at the end of this
Notice. THIS MEETING MUST OCCUR WITHIN 031 DAYS OF THE. DATE OF TMq NOTICR TF VDT inn
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE P TO
DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORT A E DEFAULT". EXPLAINS
HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the counLy in
which the proper is located are set forth at the end ofthis Notice. It is only necessaryto schedule one face-to-face meeting.
Advise your lenderimmediatelvof your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this
Notice (see following pages for specific information about the nature of your default.) You have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so., you must fill out, sign and
file a completed Homeowner'sEmergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To
temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received
within thirty (30) days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION
WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED
FROMSTARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTIONCALLED
"TEMPORARYSTAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR
APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'SSALE, THE FORECLOSURE WILL
BE STOPPED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During, that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.
You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on
your property located at:
20 N CORPORATION ST
NEWVILLE, PA 17241
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE
September 01, 2010 to November 01,
amount(s) are now past due:
Monthly Payments
Corporat=e Fees
Late Charges
Non-Sufficient Funds
Fax Fees
Property Inspection Fees
Speedpay Fees
Less Suspense Balance
PAYMENTS for the following month(s)
2010 and the following
Total Amount Past Due
2,489.16
0.00
414.70
.00
.00
64.50
.00
.00
$2,968.36
HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days
of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $2,968.36, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cashier's check certified check ca h
or money order made payable and sent to:
PNC Mortgage
Collections Center
3232 Newmark Dr
Miamisburg, OH 45432
This is an attempt to collect a debt, any information obtained will be
used for that purpose.
Enclosure
DR672
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the
entire outstanding balance of this debt will be considered due immediatelyand you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose unQn your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually
incurred, up to $50.00. However, if legal proceedings are started against you, you will have t:o pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount
foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
nerforming_any other requirements under the mortgage. Curing your default in the manner set forth in this
will restore your mortgage to the same position as if you had never defaulted
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's
Sale of the mortgaged property could be held would be approximately nine - ten months from the date of this
Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required
payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER :
Name of Lender: PNC Mortgage
Address: 3232 Newmark Dr.
Miamisburg, OH 45432
Phone Number: 1-800-523-8654
Fax Number: 937-910-4009
Contact Person: Collections Center
E-Mail Address: Loss. Mitigation(a,)pnemortgage.com
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may X or may not (CHECK ONE) sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(DPNC
oKlrkaGU?
P.O. Box 1820
Dayton, Ohio 4540 1-1 820
November 15, 2010
Address Service Requested
56625-0000237-001-001-000-000-000
PNC: Mortgage
3232 Newmark Drive
Miamisburg, Ohio 45342
Telephone: (937) 910-1200
Mailing Address:
P.O. Box 1820
Dayton, Ohio 45401-1820
GRICKS,MICHELE R
20 N CORPORATION ST
NEWVILLE PA 17241-1104
DATE: November 15, 2010
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name. address and phone number of Consumer Credit Counseling Agencies serving your County
are listed at the end of this Notice. If you have my gUestions. you u may call the Pennsylvania Housing
Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact
an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): GRICKS,THOMAS
GRICKS,IMCHELE R
PROPERTY ADDRESS: 20 N CORPORATION ST
LOAN ACCT. NO.: 0006126844
ORIGINAL LENDER: n/a
CURRENT LENDER/SERVICER: PNC Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must
arrange and attend a "face-to-face'ineeting with one of the consumer credit counseling agencies listed at the end of this
Notice. THIS MEETING MUST OCCUR WITHIN (33) DAYS OF THE DATE OF THIS -OMCE. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS
HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in
which the prop= is located are set forth at the end ofthis Notice. It is only necessaryto schedule one face-to-face meeting.
Advise your lenderimmediatelvof your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this
Notice (see following pages for specific information about the nature of your default.) You have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and
file a completed Homeowner'sEmergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To
temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received
within thirty (30) days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION
WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED
FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED
" TEMPORAR Y S TA Y OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR
APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'SSALE, THE FORECLOSURE WILL
BE STOPPED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.
You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on
your property located at:
20 N CORPORATION ST
NEWVILLE, PA 17241
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s)
September 01, 2010 to November 01, 2010 and the following
amount(s) are now past due:
Monthly Payments 2,489.16
Corporate Fees 0.00
Late Charges 414.70
Non-Sufficient Funds .00
Fax Fees .00
Property Inspection Fees 64.50
Speedpay Fees .00
Less Suspense Balance _00
Total Amount Past Due $2,968.36
HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days
of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $2,968.36, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cashier's check. certified check, cash,
or money order made payable and sent to:
PNC Mortgage
Collections Center
3232 Newmark Dr
Miamisburg, OH 45432
This is an attempt to collect a debt, any information obtained will be
used for that purpose.
Enclosure
DR673
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the
entire outstanding balance of this debt will be considered due immediatelyand you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose u1j nn your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually
incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney'sfees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at an time ime up to one hour before the Sheriff's Sale. You may do so by pang the total amount
foreclosure sale and any other costs connected with _theS_heriff's_Sale as specified in wri ting 1y the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice
will restore your mortgage to the same position as if you had never defaulted
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's
Sale of the mortgaged property could be held would be approximately nine - ten months from the date of this
Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required
payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER :
Name of Lender: PNC Mortgage
Address: 3232 Newmark Dr.
Miamisburg, OH 45432
Phone Number: 1-800-523-8654
Fax Number: 937-910-4009
Contact Person: Collections Center
au Aaaress: Loss.ivirrngarronLpncmorrgage.com
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may X or may not (CHECK ONE) sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.'i
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
s
Vitti & Vitti & Associates, P.C.
BY: Rodney Permigiani, Esquire
I.D. #33311
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
THOMAS GRICKS AND MICHELE R. GRICKS,
No. 1 1-4004
Defendant.
CERTIFICATION OF SERVICE
I, Rodney Permigiani, Esquire, hereby certify that on the -Y day of Y, 2012, a
true and correct copy of the within pleading was served by Regular U.S. Mail upon:
(List name and address of all counsel of record and unrepresented parties. Specify "Pro Se" for
unrepresented parties.)
Russell P. Sacco, Esquire
53 S. Main Street
Yardley, PA 19067
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
odney P ani squire
Attorne r Plai tiff
??/ ?
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate) 1
r.,
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for c :l
new
Argument Court.) Plaintiff's Motion for Summary Judgment
------------------- CC
-------------------------
CAPTION OF CASE
yw
cn
(entire caption must be stated in full) `
<°
> C7 ,
PNC BANK, NATIONAL ASSOCIATION, °
?? ---
1
vs. `j
.-`
ran
Thomas Gricks and Michele R. Gricks,
No. 4004 2011 Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Motion for Summary Judgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Nathan C. Wolf, Esquire
(Name and Address)
10 West High Street, Carlisle, Pennsylvania 17013-2922
(b) for defendants:
Russell P. Sacco, Esquire
(Name and Address)
53 S. Main Street, Yardley, Pennsylvania 19067
1 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
April 13, 2012
ignature
Rodney P :iqiari squire
Print your name
PNC Bank, National Association, Plaintiff
Attorney for
Date: March 7, 2012
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
C.) T
C) -7-
CD ,
A.
ate,{ s19.-7spd CA,
Ck,tt ay 0103
n-W a-7 9 910
Vitti & Vitti & Associates, P.C.
BY: Rodney Permigiani, Esquire
I.D. #33311
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
THOMAS GRICKS AND MICHELE R. GRICKS, No. 1 1-4004
Defendant.
CERTIFICATION OF SERVICE
I Rodney Permi9iani, Esquire, hereby certify that on the d day o , 012, a
true and correct copy of the within pleading was served by Regular U.S. Mail upon:
(List name and address of all counsel of record and unrepresented parties. Specify 'Pro Se- for
unrepresented parties.)
Russell P. Sacco, Esquire
53 S. Main Street
Yardley, PA 19067
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
6
PNC BANK,
NATIONAL ASSOCIATION,
PLAINTIFF
V.
THOMAS GRICKS AND
MICHELE R. GRICKS,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 11-4004 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE EBERT J. MASLAND J. AND PLACEY J.
ORDER OF COURT
N
d
^T,
3
ri
cn r"
r- G
7-
AND NOW, this 19th day of June, 2012, upon consideration of the Plaintiff's
Motion for Summary Judgment the brief filed by the Plaintiff, and the Court noting that
the Defendants did not file a brief or appear for oral argument;
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for
Summary Judgment is GRANTED. Judgment in mortgage foreclosure is hereby entered
for the Plaintiff and against the Defendants for the amount due on the mortgage as of
December 13, 2011, itemized as follows:
Unpaid principal balance
Interest, 8/1/10 through 12/13/11 @ 4.50%
Unpaid late charges
Escrow deficit
Attorney's fees at 5%
Total Due
$131,969.25
$ 8,118.82
$ 514.21
$ 1,850.13
$ 6,598.46
$149,050.87
By the Court,
IN --? ?-
M. L. Ebert, Jr.,
Rodney Permigiani, Esquire
Attorney for Plaintiff
Russell P. Sacco, Esquire
Attorney for Defendants
bas Oop;,,
4111-
Cp ? 1
te C)'
r
--
? c? 3 I c3 -:r
>X N ,.
t3?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO., 11-4004 Civil
PRAECIPE TO REDUCE SUM Y
Plaintiff, JUDGMENT TO JUDGMENT D
AFFIDAVIT OF NON-MILIT Y
SERVICE
vs.
THOMAS GRICKS and MICHELE R.
GRICKS,
Code MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Defendants.
Counsel of record for this
party.
Louis P. Vitti, Esquire
Supreme Court #01072
Vitti & Vitti & Assoc., P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
1(0•5o Po A-6Y
c? a?181
& d 77580
No+ipe ?.lailec'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, : NO: 11-4004 Civil
vs.
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
PRAECIPE TO REDUCE SUMMARY JUDGMENT
ON THE PLEADINGS TO JUDGMENT
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Please reduce Summary Judgment on the Pleadings to Judgment on behalf of
Plaintiff, PNC Bank National Association, in the above-captioned action, against the
Thomas Gricks and Michele R. Gricks, said Judgment to be in the amount of One Hundred F
Nine Thousand Fifty and 871100 ($149,050.87) Dollars, together with interest and costs.
The real estate, which is the subject matter of the Complaint, is situate in.
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 20 N.
Street, Newville, PA 17241. Parcel No. 27-20-1756-067.
L P. Vitti, Esquire
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS:
COUNTY OF ALLEGHENY
BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, w]
being duly sworn according to law, deposes and says that he is advised and believes t:
DEFENDANT(S) is/are not presently in the active military service of the United States of Amer
and not members of the Army of the United States, United States Navy, the Marine Corps, or 1
Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty w
the Army or Navy; nor engaged in any active military service or duty with any military or naval ur
covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as milit,
service, and to the best of this affiant's knowledge is/are not enlisted in military service covered
said act, and that the averments herein set forth, insofar as they are within his knowledge, are corre
and true; and insofar as they are based on information received from others, are true and correct
he verily believes.
This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act
1940.
xViouisP.01
tti, Esquire
SWORN to and subscribed
before me this 2nd day
of July, 2012.
Notary Publi
6COMMONWEALTH OF PENNSYLVANIA
j ' Notarial Seal
Sherry L. House, Notary Public
City of Pittsburgh, Allegheny County
My Commission iNpires May 15, 2015
p,;P!Hrt r, 4ASYLVANTA AS SCCSAI?ON OF NOTARTKS
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NO. 11-4004 Civil
Plaintiff, PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
vs.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
THOMAS GRICKS and MICHELE R.
GRICKS,
Defendants.
Code MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party.
Louis P. Vitti, Esquire
Supreme Court #01072
Vitti. & Vitti & Assoc., P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
P
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
vs
Plaintiff, NO: 11-4004 Civil
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
PRAECIPE FOR WRIT OF
EXECUTION IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in t
above-captioned matter as follows:
Amount Due #per4A $149,050.87
Interest 12/14/Wl2/05/12 8,747.04
Total $157,797,91
The real estate, which is the subject matter of the Praecipe for Writ of Execution
situate in:
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 20 N.
Street, Newville, PA 17241. Parcel No. 27-20-1756-067.
5
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a p .fig _ pp ATrY Louis P. Vitti, Esquire
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV.
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, :
Plaintiff, :NO: 11-4004 Civil
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
AFFIDAVIT
I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information
belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks
execute. That the Defendants' last known address is 20 N. Corporation Street, Newville, PA 1
ouis P. Vitti, re
SWORN TO and subscribed
before me this 2nd day of
July, 2012.
COMMONWEALTH OF PENNSYLVAN;.A.
L Notarial Seal
Sherry L. House, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires May 15, 2015
MHAF T pINNSr ti e.?-: q c{'r.•t?Tl1a p y,..:;,.. -
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, NO: 11-4004 Civil
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
AFFIDAVIT PURSUANT TO RULE 31291
PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the F
for the Writ of Execution was filed the following information concerning the real property
at 20 N. Corporation Street, Newville, PA 17241.
1. Name and address of Owner(s) or Reputed Owner(s):
Name:
Thomas Gricks
c/o Russell P. Sacco, Esquire
Michele R. Gricks
c/o Russell P. Sacco, Esquire
Address (Please indicate if this
cannot be reasonably ascertained)
53 S. Main Street:
Yardley, PA 19067
53 Main Street
Yardley, PA 19067
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above.
? ' -•i C?
VAt;
rn W..
3. Name and last known address of every judgment creditor whose judgment is a record lie
on the real property to be sold:
Name:
Address (Please indicate if this
cannot be reasonably ascertained)
NONE
jP
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (Please indicate if this
cannot be reasonably ascertained)
NONE
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien
the property and whose interest may be affected by the sale:
Name
Address (Please indicate if this
cannot be reasonably ascertained)
None
7. Name and address of every other person of whom the Plaintiff has knowledge who
any interest in the property which may be affected by the sale:
Name
Address (Please indicate if this
cannot be reasonably ascertained)
Tax Collector of Newville Borough
Newville Water & Sewage Authority
Pennsylvania Department of Revenue
Office of Chief Counsel
Commonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
Tax Claim Bureau of Cumberland County
Cumberland County Courthouse
108 West Street
Newville, PA 17241
4 West Street
Newville, PA 17241
Inheritance Tax Dept.
PO Box 281061
Harrisburg, PA 17128
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
One Courthouse Square
Carlisle, PA 17013
r
Court of Common Pleas of
Cumberland County
Domestic Relations Division
PA Dept. of Sheriff Sales
Bureau of Compliance
Tenant/Occupant
P.O. Box 320
Carlisle, PA 17013
Dept. #281230
Harrisburg, PA 17128-1230
20 N. Corporation Street
Newville, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of
personal knowledge or information and belief. I understand that false statements herein are n
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authori
July 2, 2012
Date
t
:,e(/d
l" Suis P. Vitti, Esquire
Attorney for Plaintiff
SWORN TO and subscribed
before me this 2nd day
of July, 2012.
Notary Publ
AAA,",i'OtV_ yvcAL! OF PERT
---?
She Nota7e
City of Pi ?' Hou, Public
M ttsbur9hny County
Y Commission Expires May 151 2015
MEMBER, PENN5YtyANL4
L--- ASSO?gnON OF NOTARIES
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN@@Vjj?
CIVIL DIVISION
4
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, NO: 11-4004 Civil
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
AFFIDAVIT
I, Louis P. Vitti, hereby certify that as representative of PNC Bank, National
am familiar with the above-captioned case and various servicing activities related thereto and
f?
CD
_1C:
the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1981
have been complied with in the above-captioned case.
'ouis P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 2nd day
of July, 2012.
Notary Publi
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Sherry L. House, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires I ay 15, 2015
'W ,
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Thomas Gricks
Michele R. Gricks
c/o Russell P. Sacco, Esq.
53 S. Main Street
Yardley, PA 19067
AND: ALL LIEN HOLDERS
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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 Cumberland County Courthouse on December ,
2012 at 10:00 A.M., the following described real estate, of which Thomas Gricks and Michele R.
Gricks are owners or reputed owners:
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 20 N.
Street, Newville, PA 17241. Parcel No. 27-20-1756-067.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action
PNC Bank National Association vs. Thomas Gricks, et al at 11-4004 Civil in the amount
$149,050.87.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Of
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in
Office of the Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may
your property to be held or taken to pay the judgment. You may have legal rights to prevent
property from being taken. A lawyer can advise you more specifically of these rights. If you
to exercise your rights you must act promptly.
i YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
You may have legal rights to prevent the Sheriffs Sale and the loss of your property.
order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to I
you.
You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale
a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened in you promptly file a
petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense
on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a tri 1
of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a va
return of service of the Complaint and Notice to Defend or if the judgment was entered befc
twenty (20) days after service or in certain other events. To exercise this right, you would have
file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and
Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any o
legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, y u
should file a petition with the Court after the sale and before the Sheriff has delivered his Deed o
the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within t n
(10) days from the date when the Schedule of Distribution is filed' he Office e Sheriff.
L-fouis P. Vitti, Esquire
Attorney for Plaintiff
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. Al
INFORMATION WE OBTAIN WILL. BE USED FOR THAT PURPOSE. IF YOU HA'
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE
NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BI
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 11-4004 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s)
From THOMAS GRICKS and MICHELE R. GRICKS
(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: $149,050.87 L.L.:
Interest from 12/14/11 - 12/5/12 -- $8,747.04
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $250.75
Other Costs:
Plaintiff Paid:
Date: 7/5/12
ZB avid D. Buell, Prothoonnot
(Seal) y : ?? a T '
Deputy
REQUESTING PARTY:
Name: LOUIS P VITTI, ESQUIRE
Address: VITTI & VITTI & ASSOC, PC
215 FOURTH AVENUE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072
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1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 11-4004 Civil
AFFIDAVIT OF SERVICE
Plaintiff,
vs.
Filed on behalf of
Plaintiff
THOMAS GRICKS and MICHELE R.
GRICKS,
Defendants.
Counsel of record for this
p~Y~
Louis P. Vitti, Esquire
Supreme Court #01072
Vitti &Vitti & Assoc., P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
AFFIDAVIT OF SERVICE
NO: 11-4004-Civil
I, Louis P. Vitti, do hereby certify that a Notice of Sale was mailed and served upon the
defendants by serving their Attorney, Russell P. Sacco, Esq., and all lien holders by Certificate of
Mailing for service in the above-captioned case on September 24, 2012, advising them of the
Sheriff s sale of the property at 20 N. Corporation Street, Newville, PA 17241, on December 5,
2012.
VITTI & I ASSOCIA S, P.C.
~-
BY
ouis P. Vitti
SWORN to and subscribed
before me this 5th day
of November, 2012.
y
Notary Pub
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Vitti & Vitti ~ Associates. P.C.
215 Fourth Avenue. Pittsburgh. PA 15222
One pace o/ordinary mail addressed to:
Tax Collector of Newville Borough
108 West Street
Newville, PA 17241
'S Forrn 3817, January 2001
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Newville, PA 17241
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53 S. Main Street
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c/o Russell P. Sacco, Esq.
53 S. Main Street
Yardley, PA 19067
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 2011-4004
PETITION TO SET ASIDE SHERIFF
Plaintiff, SALE
Code-MORTGAGE FORECLOSURE
vs.
Filed on behalf of
Plaintiff
THOMAS GRICKS and MICHELLE R. Counsel of record for this
GRICKS per,;
Louis P. Vitti, Esquire
Supreme Court#01072
Defendant.
Vitti &Vitti &Assoc., P.C.
215 Fourth Avenue
Pittsburgh,PA 15222
(412)281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION, :
Plaintiff,
vs : NO: 11-4004
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
PETITION TO SET ASIDE SHERIFF'S SALE
AND NOW, comes the Plaintiff, PNC Bank, National Association, by and through its
attorneys, Vitti & Vitti &Associates,P.C. and petitions this Court to set aside the sheriffs sale of
March 6, 2013 of the within described property whereof the following is a statement:
1. The Sheriff of Cumberland County pursuant to a writ of execution issued on 20 N.
Corporation Street,Newville, PA 17241, in this mortgage foreclosure action did sell premises on
March 6, 2013, as the property of Defendants. The successful bidder was the Plaintiff Petitioner.
2. Said sheriff's sale was originally scheduled for December 5, 2012.
3. On November 30, Plaintiff requested its counsel to postpone the sale for 30 days
because it needed more to time to consider potential workout arrangements with Defendants.
Accordingly, on the same date, Plaintiff's counsel voluntarily continued the sale to January 9 by
letter to the sheriff.
4. On January 9, Plaintiff again requested its counsel to postpone the sale for the same
reason, this time for an additional 60 days and, accordingly, on the same date, Plaintiff's counsel
voluntarily continued the sale to March 6 by letter to the sheriff.
5. On March 1, Plaintiff provided bidding instructions to its counsel, who in turn
forwarded the same to local counsel who was to personally appear at the sale on Plaintiff's behalf.
6. On March 5,Plaintiff requested its counsel to cancel the sale for the reason described
in Paragraph 3, above.
7. Plaintiffs counsel thereupon prepared a letter to the sheriff to stay the writ of
execution,but the same was inadvertently misplaced and hence not delivered. For the same reason,
Plaintiff's counsel likewise failed to notify local counsel that the above bidding instructions had been
rescinded.
8. As a result, Plaintiff's local counsel appeared at the sale and entered the successful
bid to purchase the property on Plaintiff's behalf
9. A sheriff's deed has not yet been delivered.
10. There would be no prejudice caused to any party by granting the requested relief.
11. There is no opposing counsel of record and hence the concurrence requirement of
C.C.R.P. No. 208.2(d) does not apply. Plaintiff has sought the concurrence of the sheriff and the
latter concurs with the requested relief.
12. The Honorable M.L. Ebert, Jr. has previously ruled upon Plaintiff's motion for
summary judgment in this matter. No judge has previously ruled upon any issue in a related matter.
WHEREFORE, Plaintiff prays that the Sheriffs Sale of said premises located at 20 N.
Corporation Street,Newville, PA 17241, Cumberland County,Pennsylvania be set aside.
Respectfully submitted,
VITTI &VITTI &ASSOCIATES,P.C.
BY:
Rodney Yep4ig,4iiani quire���
AttornVor PI f f
VERIFICATION
AND NOW Louis P. Vitti verifies that the statements made in this Petition are true and
correct to the best of his information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the pleading
is submitted by counsel having sufficient knowledge, information and belief based upon the
information provided him by the Plaintiff.
odney P i
Dated: March 15, 2013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION, :
Plaintiff, :
vs : NO: 11-4004
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the within Petition was served by first class
mail, postage prepaid on the �� day of 0120 , 2013, at:
Thomas Gricks Cumberland County Sheriff
Michele R. Gricks Cumberland County Courthouse
20 N. Corportion Street 1 Courthouse Square, Room 303
Newville, PA 17241 Carlisle, PA 17013
� 1
BY:
Rodney a igiani, ire
Attorne or Plaint'
OF THE PROTNON'OTAF,,,;,
�I��3 Kai r AM!0: 30
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, No: 11-4004
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
i
ORDER OF COURT
tt
AND NOW,this 2 5j< day of or 1h , 2013,upon consideration of the
t
petition of Plaintiff in the above matter,it is hereby ORDERED,ADJUDGED AND DECREED that
the Sheriffs Sale on March 6, 2013 of premises at 20 N. Corporation Street,Newville, PA 17241,
i
Cumberland County, Pennsylvania, is hereby set aside.
a
BY THE COURT:
J.
Persons who are required to be notified:
/Louis P. Vitti, Esq., Attorney for Plaintiff
✓Sheriff of Cumberland County
V Thomas Gricks,pro se
/Michele R. Gri cks,pro se
11�i�5 aa,'Ied
,,-MK_-RIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
'l � C - !t-
Sheriff TfiL F'F;GTHA
ill,0VT of umbcr144D 4
t f
Jody S Smith 2013 APR _ ��
Chief Deputy 2 AM 1 J 0: ,.?
Richard W Stewart CUMBERLAND coutgy
Solicitor OFFICE OF THE S149RIFF PENNS Y,LyA NIA
PNC Bank, National Association
Case Number
vs.
Thomas Gricks(et al.) 2011-4004
SHERIFF'S RETURN OF SERVICE
09/28/2012 01:08 PM-Deputy William Cline, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 20 N. Corporation Street, Newville Borough, Newville, PA
17241, Cumberland County.
11130/2012 As directed by Lois M.Vitti,Attorney for the Plaintiff, Sheriffs Sale Continued to 1/9/2013
01/09/2013 As directed by Lois M. Vitti, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/6/2013
03/28/2013 Order of Court to Set Aside Sheriffs Sale received on 3/21/13.
03/28/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed",
per letter of instruction from Attorney.
SHERIFF COST: $911.18 SO ANSWERS,
March 28, 2013 RbNtrY R ANDERSON, SHERIFF
ic)CountySuite Sheriff,releosoR,Inc.
e
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, NO: 11-4004 Civil
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
PNC Bank,National Association,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 located .
at 20 N. Corporation Street,Newville,PA 17241.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address(Please indicate if this
cannot be reasonably ascertained)
Thomas Gricks 53 S. Main Street
c/o Russell P. Sacco,Esquire Yardley,PA 19067
Michele R. Gricks 53 Main Street
c/o Russell P. Sacco,Esquire Yardley,PA 19067
2. Name and address of Defendant(s)in the judgment:
Name: Address(Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above.
3. Naive and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Name: Address(Please indicate if this
cannot be reasonably ascertained)
NONE
4. Name and address of the last recorded holder of every mortgage of record:
Name Address(Please indicate if this
cannot be reasonably ascertained)
NONE
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien on
the property and whose interest may be affected by the sale:
Name Address(Please indicate if this
cannot be reasonably ascertained)
None
7. Name and address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
Tax Collector of Newville Borough 108 West Street
Newville,PA 17241
Newville Water& Sewage Authority 4 West Street
Newville,PA 17241
Pennsylvania Department of Revenue Inheritance Tax Dept.
Office of Chief Counsel PO Box 281061
Harrisburg,PA 17128
Commonwealth of PA-DPW P.O.Box 8016
Harrisburg,PA 17105
Clerk of Courts One Courthouse Square
Criminal/Civil Division Carlisle, PA 17013
Tax Claim Bureau of Cumberland County One Courthouse Square
Cumberland County Courthouse Carlisle,PA 17013
Court of Common Pleas of P.O. Box 320
Cumberland County Carlisle,PA 17013
Domestic Relations Division
PA Dept. of Sheriff Sales Dept.#281230
Bureau of Compliance Harrisburg, PA 17128-1230
Tenant/Occupant 20 N. Corporation Street
Newville,PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
hily 2.2012
Date uis P.Vitti,Esquire
Attorney for Plaintiff
SWORN TO and subscribed
before me this 2nd day
of July,2012.
Notary Pub
C
ALT"OF
Moto"Sam
C"MMWF
acY
V may is,2015
TION OF
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Thomas Gricks
Michele R. Gricks
c/o Russell P. Sacco, Esq.
53 S. Main Street
Yardley,PA 19067
AND: ALL LIEN HOLDERS
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 Cumberland County Courthouse on December 5,
2012 at 10:00 A.M., the following described real estate, of which Thomas Gricks and Michele R.
Gricks are owners or reputed owners:
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 20 N. Corporation
Street,Newville,PA 17241. Parcel No. 27-20-1756-067.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
PNC Bank National Association vs. Thomas Gricks, et al at 11-4004 Civil in the amount of
$149,050.87.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty(30)
days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause
your property to be held or taken to pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more specifically of these rights. If you wish
to exercise your rights you must act promptly.
Yo
..0 SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
• LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights,prompt action on your part is necessary. A lawyer may be able to help
you.
You may have the right to prevent or delay the Sheriff s Sale by filing,before the sale occurs,
a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
you might have within twenty(20)days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened in you promptly file a
petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense
on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial
of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty(20)days after service or in certain other events. To exercise this right, you would have to
file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you
should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to
the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten
(10) days from the date when the Schedule of Distribution is filed ' e Office e Sheriff.
ouis P. Vitti, Esquire
Attorney for Plaintiff
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS
NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
KEVDOAW lease email a copy of legal to cbrewbaker @ccpa.net)
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, : NO: 1 1-4004 Civil
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
LEGAL DESCRIPTION
ALL that certain tract or parcel of land and premises situate, lying and being in the Borough of
Newville, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
ALL that certain house and lot of ground situate on Corporation Street in the North Ward of the
Borough of Newville,County of Cumberland and State of Pennsylvania,bounded and described to
wit:
BOUNDED on the West by Corporation Street, on the North by land now or formerly of heirs of
Raymond Neidigh, on the East{erroneously mentioned as "eat" in prior deed.}by part of the same
lot now or late of Paul Lehman,having a frontage on Corporation Street of 35 feet and an even depth
of 115 feet.
HAVING erected thereon a dwelling known as 20 N. Corporation Street,Newville,PA 17241.
PARCEL NO. 27-20-1756-067.
BEING the same premises which Timothy M. Nye, single man, by Deed dated 11/19/2008 and
recorded 12/02/2008 in the Recorder's Office of Cumberland County,Pennsylvania,Instrument No.
200838575, granted and conveyed unto Thomas Gricks ad Michele Gricks,husband and wife.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 11-4004 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION-LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK,NATIONAL ASSOCIATION, Plaintiff(s)
From THOMAS CRICKS and MICHELE R.GRICKS
(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
GARNISHEES)as follows:
and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishees) 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: $149,050.87 L.L.:
Interest from 12/14/11 - 12/5/12 -- $8,747.04
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $250.75
Other Costs:
Plaintiff Paid:
Date: 7/5/12
r
David D.Buell,Prothono
(Seal)
Deputy
REQUESTING PARTY:
Name: LOUIS P VITTI,ESQUIRE
TRUE DOPY FROM RECORD
Address:VITTI&VITTI& ASSOC,PC in Testimonywhered,l hers unto Set my NOW
end the seal of sold at C0410e,Pa.
215 FOURTH AVENUE t-# 20,E
PITTSBURGH,PA 15222 � Prottw wtary
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No.01072
o
i nt R:rest in- the r .,. x } • rr, r _ -:
20 N.. C , 1
refer in-coq, watedrhoremi .r .
Date: MY, , 2-0-12
By:
Clan , "
hi ►- 11
CUMBERLAND LAW JOURNAL
Writ No. 20114004 Civil Term
PNC BANK,NATIONAL
ASSOCIATION
vs.
THOMAS GRICKS
Michele R. Gricks
Atty.: Lois M.Vitti
ALL that certain tract or parcel of
land and premises situate,lying and
being in the Borough of Newville,in
the County of Cumberland and Com-
monwealth of Pennsylvania, more
particularly described as follows:
ALL that certain house and lot of
ground situate on Corporation Street
in the North Ward of the Borough of
Newville,County of Cumberland and
State of Pennsylvania,bounded and
described to wit:
BOUNDED on the West by Corpo-
ration Street, on the North by land
now or formerly of heirs of Raymond
Neidigh, on the East (erroneously
mentioned as"eat'in prior deed)by
part of the same lot now or late of
Paul Lehman, having a frontage on
Corporation Street of 35 feet and an
even depth of 115 feet.
RAVING erected thereon a dwell-
ing known as 20 N. Corporation
Street;Newville,PA 17241 -
PARCEL NO.27-20-1756-067.
BEING the same premises which
Timothy M.Nye,single man,by Deed
dated 11/19/2008 and recorded
12/02/2008 in the Recorder's Office.
of Cumberland County, Pennsylva-
nia, Instrument No. 200838575.,
granted and conveyed unto Thomas
Gricks ad Michele Gricks, husband
and wife.
45
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 :
Liss 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:
October 26, November 2 and November 9, 2012
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.
C4
/Ihsa Marie Coyne, 'tor
V-
SWORN TO AND SUBSCRIBED before me this
9 da of November, 2012
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
ICARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2 0:1 U4
The Patriot-News Co.
2020 Technology Pkwy
Suite 300 ~~-'� -0- -- - - - -- -
r U����� ����K� �������
Mechanicsburg, ���� 17050 »�~, ~^ you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16. 1920
Commonwealth cfPennsylvania, County wfDauphin) ss
Holly Blain, 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 et2O2O Technology Phwy, Suite 300. in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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.
nespective|y, 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/Community Weekly 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 mf this statement es
hu the time, place and character ofpublication are true; and
That she hp-- m"~ona| knowledge of the foots aforesaid and is duly authorized and empowered to verify this statement on
| Work Co. fo id by i and pursuant to a resolution unanimously d and adopted severally by the
firectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
phin in Miscellaneous Book^K8^. Volume 14, Page 317.
IL arldin
Mr. u*b ft V" This ad ran on the date(s)shown below:
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Nmwik PA M41- COMMONWEALTH OF PENNSYLVANIA
PARCELNO.27-*17"7. i Notarial Seal
BEING dx SM1110011111111im*64TOoft Sherrie L.Owens,Notary Public
M.Nye,A*MOA MW4ded Lower Paxton Twp.,Dauphin County
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2013ApR 30 At, 9 �
CUp8ERLANo f1
PASYLVAOUt4TY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
PNC BANK,NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 11-4004 Civil
Plaintiff, PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
• LAST KNOWN ADDRESS
VS.
Code MORTGAGE FORECLOSURE
THOMAS GRICKS and MICHELE R.
GRICKS, Filed on behalf of
Plaintiff
Defendants. Counsel of record for this
PAY:
Louis P. Vitti, Esquire
Supreme Court#01072
Vitti &Vitti &Assc P.C.
215 Fourth Avenue
Pittsburgh,PA 15222
(412)281-1725
�t a. 0c) 1,1 9b-y3
ILI�R.� Al �P)9'1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, NO: 11-4004 Civil
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
PRAECIPE TO ISSUE WRIT OF
EXECUTION IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly issue a Writ of Execution in favor of the Plaintiff and against the
Defendant(s)in the above-captioned matter as follows:
Amount Due $149,050.87
Interest 12/14/11-09/04/13 15,435.95
Total $164,486.82
The real estate, which is the subject matter of the Praecipe for Writ of Execution is
situate in:
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 20 N. Corporation
Street,Newville,PA 17241. Parcel No. 27-20-1756-067.
ouis P. Vitti, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, NO: 11-4004 Civil
vs :
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
AFFIDAVIT
I,Louis P.Vitti, do hereby swear that,to the best of my knowledge,information and
belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to
execute. That the Defendants'last known address is 20 N. Corporation Street,Newville,PA 17241.
uis P. Vitti, Esquire
SWORN TO and subscribed
before me this 15th day of
April, 2013.
J,A (�7"
"Notary Pu 01-
iJZ�
l,iEw3!S"�',F�6QC.�t�4fh_�.-:f. �` ' "-' a' �tt;,;c•r:;l.,_.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, NO: 11-4004 Civil
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
LEGAL DESCRIPTION
ALL that certain tract or parcel of land and premises situate, lying and being in the Borough of
Newville, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
ALL that certain house and lot of ground situate on Corporation Street in the North Ward of the
Borough of Newville, County of Cumberland and State of Pennsylvania,bounded and described to
wit:
BOUNDED on the West by Corporation Street, on the North by land now or formerly of heirs of
Raymond Neidigh, on the East(erroneously mentioned as "eat" in prior deed)by part of the same
lot now or late of Paul Lehman,having a frontage on Corporation Street of 35 feet and an even depth
of 115 feet.
HAVING erected thereon a dwelling known as 20 N. Corporation Street,Newville,PA 17241.
PARCEL NO. 27-20-1756-067.
BEING the-same premises which Timothy M. Nye, single man, by Deed dated 11/19/2008 and
recorded 12/02/2008 in the Recorder's Office of Cumberland County,Pennsylvania,Instrument No.
200838575, granted and conveyed unto Thomas Gricks ad Michele Gricks,husband and wife.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, NO: 11-4004 Civil :'
vs c
r n c o
THOMAS GRICKS and MICHELE R. GRICKS, :
-< o c�
Defendants. o -c-7
C-) �
C)
AFFIDAVIT --
I, Louis P. Vitti, hereby certify that as representative of PNC Bank,National Association,
am familiar with the above-captioned case and various servicing activities related thereto and that
the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983,
have been complied with in the above-captioned case.
6ouis P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 15th day
of April, 2013.
'Notary Public
Comm A:iNEALTH OF PENNSYLVANIA
Notarial Seal
Sherry L.House,Notary Public
City of Pittsburgh,Allegheny County
My Commission Expires May 15,2015
M0413FR.K�v.,a'YLVA—t A: q dTlSI !?OT UE9
T 1 PLD Ty 1'L
2013 APR 30 AH 9: 20
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, NO: 11-4004 Civil
vs
THOMAS GRICKS and MICHELE R. GRICKS,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
PNC Bank,National Association,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 located
at 20 N. Corporation Street,Newville, PA 17241.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Thomas Gricks 53 S. Main Street
c/o Russell P. Sacco, Esquire Yardley, PA 19067
Michele R. Gricks 53 Main Street
c/o Russell P. Sacco, Esquire Yardley, PA 19067
2. Name and address of Defendant(s)in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above.
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
NONE
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (Please indicate if this
cannot be reasonably ascertained)
NONE
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien on
the property and whose interest may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
7. Name and address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
Tax Collector of Newville Borough 108 West Street
Newville, PA 17241
Newville Water& Sewage Authority 4 West Street
Newville, PA 17241
Pennsylvania Department of Revenue Inheritance Tax Dept.
Office of Chief Counsel PO Box 281061
Harrisburg, PA 17128
Commonwealth of PA-DPW P.O. Box 8016
Harrisburg, PA 17105
Clerk of Courts One Courthouse Square
Criminal/Civil Division Carlisle, PA 17013
Tax Claim Bureau of Cumberland County One Courthouse Square
Cumberland County Courthouse Carlisle, PA 17013
Court of Common Pleas of P.O. Box 320
Cumberland County Carlisle, PA 17013
Domestic Relations Division
PA Dept. of Sheriff Sales Dept. #281230
Bureau of Compliance Harrisburg, PA 17128-1230
Tenant/Occupant 20 N. Corporation Street
Newville, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
V
April 15, 2013
Date is . Vitti, Esquire
Attorney for Plaintiff
SWORN TO and subscribed
before me this 15th day
of April, 2013.
otary Pub
COMMONWhAM 6F PENNSYLVANIA
Notarial Seal
Sherry L.House,Notary Public
City of Pittsburgh,Allegheny County
My Commission Expires May 15,2015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
7
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
CD-n
C-1
-0 --4t-n
TO: Thomas Gricks
Michele R. Gricks
c/o Russell P. Sacco, Esq.
53 S. Main Street
Yardley,PA 19067
AND: ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of C*urnberland County, Pennsylvania and to the Sheriff of Cumberland County,
directed,there will be exposed to Public Sale in Cumberland County Courthouse on September 4,
2013 at 10:00 A.M., the following described real estate, of which Thomas Gricks and Michele R.
Gricks are owners or reputed owners:
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 20 N. Corporation
Street,Newville, PA 17241. Parcel No. 27-20-1756-067.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
PNC Bank National Association vs. Thomas Gricks, et al at 11-4004 Civil in the amount of
$149,050.87.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty(30)
days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
The Writ of Execution has been issued because there is ajudgrnent against you. It may cause
your property to be held or taken to pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more specifically of these rights. If you wish
to exercise your rights you must act promptly,
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights,prompt action on your part is necessary. A lawyer may be able to help
you.
You may have the right to prevent or delay the Sheriff s Sale by filing,before the sale occurs,
a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
you might have within twenty(20)days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened in you promptly file a
petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense
on time. If the judgment is opened, the Sheriff s Sale would ordinarily be delayed pending a trial
of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty(20)days after service or in certain other events. To exercise this right,you would have to
file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you
should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to
the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten
(10) days from the date when the Schedule of Distribution is filed?V't Office-af4ke?'t Sheriff.
iuk
uis P. Vitti, Esquire
Attorney for Plaintiff
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS
NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEIST,BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 11-4004 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION–LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due PNC BANK,NATIONAL ASSOCIATION Plaintiff(s)
From THOMAS GRICKS AND MICHELLE R.GRICKS
(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: $149,050.87 L.L.:
Interest 12/14/11-09/04/13-$15,435.95
Atty's Comm: Due Prothy:$2.25
Arty Paid:$1,190.43 Other Costs:
Plaintiff Paid:
Date: 4/30/13
David D.Buell,Prothonotary
'(Seal)., 13S— �, ' �eputy
REQUESTING PARTY:
Name:LOUIS P.VITTI,ESQUIRE
Address:VITTI&VITTI& ASSOC.,P.C.
215 FOURTH AVENUE
PITTSBURGH,PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072
r ff
PF o 7}-oh itif
OCT 17 pH 2; S .
w �MOc9U T
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 2011-4004
AFFIDAVIT OF SERVICE
Plaintiff,
vs. Filed on behalf of
Plaintiff
Counsel of record for this
THOMAS GRICKS and MICHELE R. party:
GRICKS,
Louis P. Vitti, Esquire
Supreme Court#01072
Defendants. Vitti &Vitti &Assoc., P.C.
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK NATIONAL ASSOCIATION,
Plaintiff, •
vs : No: 2011-4004
THOMAS GRICKS and MICHELE R. GRICKS, •
Defendants.
AFFIDAVIT OF SERVICE
I, Louis P. Vitti, do hereby certify that a Notice of Sale was mailed and served upon the
defendants by certified mail on August 21, 2013, and all lien holders by Certificate of Mailing
for service in the above-captioned case on August 19, 2013, advising them of the Sheriffs sale of
the property at 20 North Corporation Street,Newville,PA 17241, on November 6, 2013.
VITTI & &ASSOCI S, P.0
BY
1it ,
Louis P. Vitti
SWORN to and subscribed
before me this 15th day
of October, 2013.
r
Notary Publ'
1 7 1 a 7'
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U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $1.200
PROVIDE FOR INSURANCE-POSTMASTER
US POSTAGE
FIRST-CLASS
Received From 06250007061721
Vitti& Vitti& Associates.P.C. 15222
215 Fourth Avenue,Pittsburgh,PA 15222 ••, ,
One piece of ordinary mall addressed to:
Newville Water&Sewage Authority
4 West Street
Newville,PA 17241
PS Form 3817,January 2001
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $1.20E1
PROVIDE FOR INSURANCE-POSTMASTER US POSTAGE
Received Flom: FIRST-CLASS
06250007065222
Vitti& Vitti& Associates.P.C.
215 Fourth Avenue.Pittsburgh,PA 15222
One piece of ordinary mail addressed to:
Tenant/Occupant
20 N.Corporation Street
Newville,PA 17241
PS Form 3817,January 2001
slh.gricks.11.06.13
•
U.S.POSTAL SERVICE CERTIFICATE OF MAILING 1
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $••20 O
PROVIDE FOR INSURANCE-POSTMASTER US POSTAGE
Received From: FIRST-CLASS
$ 062S0007061721
Vitti& Vitti& Associates.P.C.
15222
215 Fourth Avenue.Pittsburgh,PA 15222
One piece of ordinary mail addressed to:
Court of Common Pleas of Cumberland County
Domestic Relations Division
PO Box 320
Carlisle.PA 17013
PS Form 3817,January 2001
pillmaiwieggraczof
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $1.200
PROVIDE FOR INSURANCE-POSTMASTER
US POSTAGE
Received Flom: g FIRST-CLASS
S 062S0007061721
Vitti& Vitti& Associates.P.C. 15222
215 Fourth Avenue.Pittsburgh,PA 15222
One piece of ordinary mail addressed to:
PA Department of Sheriff Sales
Bureau of Compliance
Depart.#281230
Harrisburg,PA 17128-1230
PS Form 3817,January 2001
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $1.201!
PROVIDE FOR INSURANCE-POSTMASTER US POSTAGE
FIRST-CLASS
Received From § 062S0007061721
Vitti& Vitti& Associates.P.C. 15222
215 Fourth Avenue,Pittsburgh,PA 15222
to Wen
One piece of ordinary mail addressed to:
Russell P.Sacco,Esq.
53 S.Main Street •
Yardley,PA 19067
PS Form 3817,January 2001
U.S.POSTAL SERVICE CERTIFICATE OF MAILING ��
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $1.20 O
PROVIDE FOR INSURANCE-POSTMASTER
US POSTAGE
Received From: FIRST-CLASS
Vitti& Vitti& Associates.P.C. g 06250007065212
215 Fourth Avenue,Pittsburgh.PA 15222 ,_
One piece of ordinary mall addressed to: ..
Tax Collector of Newville Borough
108 West Street
Newville,PA 17241
PS Form 3817,January 2001
•
•
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $1.209.
PROVIDE FOR INSURANCE-POSTMASTER US POSTAGE
FIRST-CLASS
Received From: 3 06250007061721
Vitti& Vitti& Associates.P.C. 15222
215 Fourth Avenue,Pittsburgh,PA 15222
One piece of ordinary mail addressed to:
Pennsylvania Department of Revenue
Office of Chief Counsel
Inheritance Tax Dept.
PO Box 281061
Harrisburg,PA 17128
PS Form 3817,January 2001
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $1.20g
PROVIDE FOR INSURANCE-POSTMASTER - US POSTAGE
FIRST-CLASS
Received From: 8 06250007061721
Vitti& Vitti& Associates,P.C. 15222
215 Fourth Avenue,Pittsburgh,PA 15222
ea
One piece of ordinary mail addressed to:
Commonwealth of Pennsylvania-DPW
PO Box 8016
Harrisburg,PA 17105
PS Form 3817,January 2001
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NO7 $1.209.
PROVIDE FOR INSURANCE-POSTMASTER US POSTAGE
Received From:
s 062 0007061A721
Vitti& Vitti& Associates.P.C. 15222
215 Fourth Avenue.Pittsburgh,PA 15222 ..
w
-` cif }•
r is Li r�.
One piece of ordinary mail addressed to:
Clerk of Courts
Criminal/Civil Division
One Courthouse Square
Carlisle,PA 17013
PS Form 3817,January 2001
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT $1.20A
PROVIDE FOR INSURANCE-POSTMASTER US POSTAGE
FIRST-CLASS
Received From:
062S0007061721
Vitti& Vitti& Associates.P.C. 15222
215 Fourth Avenue,Pittsburgh.PA 15222
OD
One piece of ordinary mail addressed to:
Tax Claim Bureau of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
PS Form 3817,January 2001
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
„,....,c0"titr ptir�n&ry41 , . . .J
Jody S Smith
¢
Chief Deputy Vii;F,° { ; ;{ r,. -
Richard W Stewart
Solicitor orr icE of THE$HEHIF CAN S YL d
PNC Bank, National Association Case Number
vs.
Thomas Gricks (et al.) 2011-4004
SHERIFF'S RETURN OF SERVICE
06/27/2013 07:36 PM -Deputy Jason Kinsler, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 20 North Corporaton Street, Newville-Borough,
Newville, PA 17241, Cumberland County.
07/29/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Thomas Gricks, but was unable to locate the Defendant in
his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled
action, as"Not Found"at 20 N. Corporation Street, Newville, PA 17241, property is vacant, defendant did
not leave a forwarding address.
07/29/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Michele R. Gricks, but was unable to locate the Defendant
in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above
titled action, as "Not Found"at 20 N. Corporation Street, Newville, PA 17241, property is vacant,
defendant did not leave a forwarding address.
08/12/2013 As directed by Lois M. Vitti, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013
11/06/2013 As directed by Lois M. Vitti, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013
12/04/2013 Ronny R Anderson, Sheriff, 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
Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at
10:00 AM. He sold the same for the sum of$1.00 to Attorney Lois M. Vitti, on behalf of Secretary of
Veterans Affairs, an Officer of the United States of America, successors and assigns, being the buyer in
this execution, paid to the Sheriff the sum of$
SHERIFF COST: $956.91 SO ANSWERS,
"K"
December 10, 2013 RONR ANDERSON, SHERIFF
yg•ao pot
QS' Ael . Co.
204 vs---7
:oun;ySu to Sheriff Telecsott,Irc
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
•
PNC BANK,NATIONAL ASSOCIATION,
Plaintiff, : NO: 11-4004 Civil
vs
•
THOMAS GRICKS and MICHELE R. GRICKS,
•
•
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
PNC Bank,National Association,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 located
at 20 N. Corporation Street,Newville, PA 17241.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Thomas Gricks 53 S. Main Street
c/o Russell P. Sacco, Esquire Yardley, PA 19067
Michele R. Gricks 53 Main Street
c/o Russell P. Sacco, Esquire Yardley,PA 19067
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above.
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
NONE
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (Please indicate if this
cannot be reasonably ascertained)
NONE
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
6. Name and address of every other person who has any record interest in or record lien on
the property and whose interest may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
None
7. Name and address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
Tax Collector of Newville Borough 108 West Street
Newville, PA 17241
Newville Water& Sewage Authority 4 West Street
Newville, PA 17241
Pennsylvania Department of Revenue Inheritance Tax Dept.
Office of Chief Counsel PO Box 281061
Harrisburg,PA 17128
Commonwealth of PA-DPW P.O. Box 8016
Harrisburg, PA 17105
Clerk of Courts One Courthouse Square
Criminal/Civil Division Carlisle, PA 17013
Tax Claim Bureau of Cumberland County One Courthouse Square
Cumberland County Courthouse Carlisle, PA 17013
Court of Common Pleas of P.O. Box 320
Cumberland County Carlisle, PA 17013
Domestic Relations Division
PA Dept. of Sheriff Sales Dept. #281230
Bureau of Compliance Harrisburg, PA 17128-1230
Tenant/Occupant 20 N. Corporation Street
Newville,PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
April 15, 2013
Date • is '. Vitti, Esquire
Attorney for Plaintiff
SWORN TO and subscribed
before me this 15th day
of April,2013.
/
4,i./.4,1.....' s/`' AL _
otary Pub 4
F.mmi:),J1a „e,. °p.,,._,,,,L,,,_.
______
•
r`
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Thomas Gricks
Michele R. Gricks
do Russell P. Sacco, Esq.
53 S. Main Street
Yardley,PA 19067
AND: ALL LIEN HOLDERS
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 Cumberland County Courthouse on September 4,
2013 at 10:00 A.M., the following described real estate, of which Thomas Cricks and Michele R.
Gricks are owners or reputed owners:
Borough of Newville, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 20 N. Corporation
Street,Newville,PA 17241. Parcel No. 27-20-1756-067.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
PNC Bank National Association vs. Thomas Gricks, et al at 11-4004 Civil in the amount of
$149,050.87.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause
your property to be held or taken to pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more specifically of these rights. If you wish
to exercise your rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND'1'11E WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights,prompt action on your part is necessary. A lawyer may be able to help
you.
You may have the right to prevent or delay the Sheriffs Sale by filing,before the sale occurs,
a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
you might have within twenty(20)days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened in you promptly file a
petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense
on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial
of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty(20) days after service or in certain other events. To exercise this right,you would have to
file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you
should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to
the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten
(10) days from the date when the Schedule of Distribution is filed 0-- Office • •e Sheriff.
/ gi°
is P. Vitti, Esquire
Attorney for Plaintiff
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. lF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS
NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
•
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
•
PNC BANK,NATIONAL ASSOCIATION,
•
Plaintiff, : NO: 11-4004 Civil
vs
•
•
THOMAS GRICKS and MICHELE R. GRICKS,
•
•
Defendants.
LEGAL DESCRIPTION
ALL that certain tract or parcel of land and premises situate, lying and being in the Borough of
Newville, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
ALL that certain house and lot of ground situate on Corporation Street in the North Ward of the
Borough of Newville, County of Cumberland and State of Pennsylvania,bounded and described to
wit:
BOUNDED on the West by Corporation Street, on the North by land now or formerly of heirs of
Raymond Neidigh, on the East(erroneously mentioned as "eat" in prior deed)by part of the same
lot now or late of Paul Lehman,having a frontage on Corporation Street of 35 feet and an even depth
of 115 feet.
HAVING erected thereon a dwelling known as 20 N. Corporation Street,Newville, PA 17241.
PARCEL NO. 27-20-1756-067.
BEING the same premises which Timothy M. Nye, single man, by Deed dated 11/19/2008 and
recorded 12/02/2008 in the Recorder's Office of Cumberland County, Pennsylvania,Instrument No.
200838575, granted and conveyed unto Thomas Gricks ad Michele Gricks, husband and wife.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 11-4004 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK,NATIONAL ASSOCIATION Plaintiff(s)
From THOMAS GRICKS AND MICHELLE R. GRICKS
(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: $149,050.87 L.L.:
Interest 12/14/11-09/04/13-$15,435.95
Atty's Comm: Due Prothy: $2.25
Atty Paid: $1,190.43 Other Costs:
Plaintiff Paid:
Date: 4/30/13
David D. Buell,Prothonota /��
(Seal) B3� Q�a C% 114_/
Deputy
REQUESTING PARTY:
Name: LOUIS P. VITTI,ESQUIRE
Address: VITTI&VITTI& ASSOC.,P.C.
215 FOURTH AVENUE
PITTSBURGH,PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the eal of said Cou t Carlisle, Pa.0
This 60 day of LlI 20
Prothonct y
461D 1(t ` •
*---"A')‘Y
LXII 30 CUMBERLAND LAW JOURNAL 07/26/13
2011-4004 Civil Term
PNC BANK,NATIONAL
ASSOCIATION
vs.
THOMAS GRICKS,
Michele R. Gricks
Atty.: Lois M.Vitti
ALL that certain tract or parcel of
land and premises situate,lying and
being in the Borough of Newville,in
the County of Cumberland and Com-
monwealth of Pennsylvania, more
particularly described as follows:
ALL that certain house and lot of
ground situate on Corporation Street
in the North Ward of the Borough of
Newville,County of Cumberland and
State of Pennsylvania,bounded and
described to wit:
BOUNDED on the West by Corpo-
ration Street, on the North by land
now or formerly of heirs of Raymond
Neidigh, on the East (erroneously
mentioned as"eat"in prior deed)by
part of the same lot now or late of
Paul Lehman, having a frontage on
Corporation Street of 35 feet and an
even depth of 115 feet.
HAVING erected thereon a dwell-
ing known as 20 N. Corporation
Street,Newville,PA 17241.
PARCEL NO. 27-20-1756-067.
BEING the same premises which
Timothy M.Nye,single man,by Deed
dated 11/19/2008 and recorded
12/02/2008 in the Recorder's Office
of Cumberland County, Pennsyl-
vania, Instrument No. 200838575,
granted and conveyed unto Thomas
Gricks ad Michele Gricks, husband
and wife.
58
•
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 26,August 2 and August 9, 2013
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.
r
L
Lis. Marie Coyne, c•itor
SWORN TO AND SUBSCRIBED before me this
9 da of Au•ust 2013 01
Notary
P.�;TARUAL SEAL
DE 3ORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Cormilsion Expires Apr 28,2014
The Patriot-News•Co.
1900 Patriot Drive patriot*xews
Mechanicsburg, PA 17050
Inquiries - 717-255-8213 Now you know
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
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
Michael J. Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of
Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.4"' "' "'"T""'""°" This ad ran on the date(s)shown below:
1 1-4004 ChM Tenn 07/28/13
BANK,NATIONAL
ASSOCIATION
vs, 08/04/13
'item's GRICKS
08/11/13
Michele R.Gricks
Atly: Lois U.VIM fi
ALL that certain tract or parcel of land
and.premises•situate, lying and being in
1 the Borough of Newviile, in the County
of Cumberland and Commonwealth of Sworn t• and 1 u scribe• •efore me thO 3 day of August, 2013 A.D.
Pe o nia,more particularly described as 1 I L. ,ALL that certain house and lot of ground r���1 ' I = I_ - -�
situate on Corpomtmn Street in the North ,
Ward of the Borough of Newvllle,County • _ P 1�C
of Cumberland and Stata of Pennsylvania,
bounded and described to'wit:
•BOUNDED on the West by Corporation
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel,Notary Public
Washington Twp.,Dauphin County
lly Commission Expires Dec.12,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriffs Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said
grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the
30th day of April, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011
Number 4004, at the suit of PNC Bank,National Association against Thomas Gricks and Michelle R.
Gricks is duly recorded as Instrument Number 201401089.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this i`7 day of
icn. , A.D. aOI
1 G �� �L , Lepu
Recorder of De ds
Recorder of Deeds,Cumberland County,Carlisle,PA
My Commission Expires the First Monday of Jan.2018