HomeMy WebLinkAbout01-3086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PNC BANK, N.A., CIVIL DIVISION
Plaintiff, NO.: ~)[ --
TYPE OF PLEADING:
vs. CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
JAMES R. GRAMLEY,
Defendant. FILED ON BEHALF OF PLAINTIFF:
PNC BANK, N.A.,
TO DEFENDANT
You are hereby notified to plead
to the ENCLOSED COMPLAINT WITHIN COUNSEL OF RECORD FOR THIS PARTY:
TWENTYWE.7~J~)) D~R~) DAY R SERVICE HEREOF
ATTORNEY' ~ PLAINTWF Pa. I.D. #81953
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
539 South Fourth Avenue
Louisville, KY 40202 GRENEN & BIRSIC, P.C.
AND THE DEFENDANT IS: One Gateway Center, Nine West
748 Erford Road Pittsburgh, PA 15222
Camp Hill. PA 170Il (412) 281-7650
S'ATTORNEY FOR PLAINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY TI'tlS LIEN IS
Townshio of East Pennsbom
(CITY, BORO, TOWNSHIP) (WARD}
.~[TTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PNC BANK, N.A., CIVIL DIVISION
Plaintiff, NO.:
VS.
JAMES R. GRAMLEY,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without yon and a judgment may be entered against yon by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
(800)990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PNC BANK, N.A., CIVIL DIVISION
Plaintiff, NO.: OI-- ..6'O£~ ~ 7~-a~*'
VS.
JAMES R. GRAMLEY,
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
PNC Bank, N.A., by its attorneys, Grenen & Birsic, P.C., files this Complaint in
Mortgage Foreclosure as follows:
I. The Plaintiff is PNC Bank, N.A., which has its principal place of business at 539
South Fourth Avenue, Louisville, Kentucky 40202 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendant, James R. Gramley is an individual residing in the Commonwealth
of Pem~sylvania whose last known address is 748 Erford Road, Camp Hill, PA 17011.
3. On or about March 29, 1996, Defendant executed a Note in favor of PNC Mortgage
Corp. of America in the original principal amount of $64,500.00. A true and correct copy of said
Note is marked Exhibit "A", attached hereto and make a part hereof.
4. On or about March 29, 1996, as security for payment of the aforesaid Note,
Defendant, made, executed and delivered to PNC Mortgage Corp. of America a Mortgage in the
original principal amount of $64,500.00 on the premises hereinafter described, said Mortgage being
recorded in the Office of the Recorder of Deeds of Cumberland County on April 2, 1996 in
Mortgage Book Volume 1311 Page 329. A true and correct copy of said Mortgage containing a
description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and
made a part hereof.
5. PNC Mortgage Corp. of America assigned all of its right, title and interest in and to
the aforesaid Mortgage and Note to Plaintiff pursuant to certain Assignment of Mortgage.
6. Defendant is the record and real owner of the aforesaid mortgaged premises.
7. Defendant is in default under the terms ofthe aforesaid Mortgage and Note for, inter
alia, failure to pay the monthly installments of principal and interest when due. Defendant is due
for the January, 2001 payment.
8. On or about Mamh 12, 2001, Defendant was mailed combined Act 91 and Act 6
Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983
and Act 6 of 1974, 41 P.S. §101, et seq.
9. The amount due and owing Plaintiffby Defendant is as follows:
Principal $ 60,241.55
Interest through 04/23/01 $ 1,452.32
Late Charges through 04/23/01 $ 58.80
Escrow Deficiency through 04/23/01 $ 201.62
Attorney's fees $ 800.00
Title Search, Foreclosure and
Execution Costs $ 2.500.00
TOTAL $ 65,254.29
WHEREFORE, PIaintiffdemandsjudgment in mortgage foreclosure for the amount due
of $ 65,254.29 with interest thereon at the rate of $10.11 per diem from April 23, 2001, and
additional late charges, additional reasonable and actually incurred attorney's fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises.
GRENEN & BIRSIC, P.C.
Brian B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN A'I'I'EMPT TO COLLECT A DEBT, AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
NOTE LE.OER'S, 00-10-OO§20
NARCH 2D , 1DO6 CA#P HILL PENNSYLVANIA
[Date] [~tl] [St~l
74B ERFORD ROAD, CANP HZLL, PENNSYLVAN/A 17011
'~in~pal "), ~ io~ ~ ~c o~ ~ ~ ~d~. ~ ~d~ ~ PNC HORT6AGE CORP. OF AHERICA. AN OHIO CORPORATION
~at thc ~nd~ ma~ ~ ~s Note. T~e ~r or ~e who ~ ~is Nora ~ ~m~ ~d who ~s ~titl~ to
~rly rote of ................ 6.1250%.
~(B) of ~is No~.
(A) Time ae~ Plato ~ Palm.ts
] will m~e my monthly ~ ~ ~e FIRST ~y of ~h mon~ ~ginnJng on HAY 1
If, on APRIL I, 2026 , I ~11 owe amoums ~ng~ ~is No~, I will pay ~e amounm in full on
I will m~c my montMy~ym~a~ 440 NORTN ~IlR]AY DRIVE. VERNON HILLS, ILLINOIS 60061
(B) Amount of Monthly Psymenis or al a diffe~t place if req~ by Aha No~ Hold~.
4. BO~OWBR'S RI6HT TO PREPAY
I may make a full ~ym~i ~ ~ ~ymm~ wito~l ~yin~ a~ ~ym~ ohar~. The Note Hol~r will
f. LOAN CHARO~
rS~ ~.~m or m ~ mJ~m m ~Uon w~ ~m ]~ ~ te ~mit~ hmi~, ~: (j) any ~h loan
6. BORROWER'S F~L~E ~ Pi~ ~'~Q~D (A} La~ Charge for Ov~d~ ~ymon~
If the N~ Hol~ h~ no~ ~gv~ the f~l amo~t ~ ~y monthly ~t by ~e e~ of 15 calendar dn~ af~
the date ii is d~, I will ~y a la~ ~ar~ to ~e Note Hold~. ~ amo~t of the charge will ~ ................ 5.0000 ~ of
my ov~d~ ~ym~t ~ ~nci~l ~d inl~. I will ~y this la~ charge ~mptly but only on~ on each la~ ~ymont.
{B} Default
If I do not ~y the f~l am o~t of ~ch m ~thly ~ym ~t on the ~ it is due, I will ~ in ~ault.
(C} Nmico of Default
If I am in d~ault, the No~ Hold~ may ~nd me a wrlt~ noti~ ~li~ me ~ if I do not ~y the or.duc nmoum b-
c~in ~ale, ~o No~ Hold~ may ~ me to ~y imm~at~y ~e f~l amount of pdnci~ which h~ not ~n
PK] CERT~ - 4701667145 PK] COHPANY - GENERAL ELECTRIC (GE) iti~
ail th~interext that ] owe on that amo~rlt. That date mt~t ha at ]east 30 days after the date on whioh the notice is delivered or
mailed ~o me.
(D) No Waiver By Note Holder
. Er,es.if, at.a, time w.h. en ! am in de~ault, the Note Holder does not require me to pay immediately in full as described
suove.,..~, o_.~ote solder will still have the ri~t ~o do su if I am in defaolt at a later time
IlS) rayment of Note Holder's Costs and Expensos '
!f the Note Holder has required me to pay immediately in full ~s da~rlbed above, the Note,H01der will have the right
be paid beck by me for all of i~ ousts and expenaex in enforcing this Note to the extent not prohihs~d by applicabl · law. Those
expenses include, for example, r~nable attorneys' fees
7. GIVING OF NOTICES - '
dui' U.nle~. applicable law requires a different me~hod, any notice that mu~ bo given to me under this Note will be
~venng it or by mailin~ it by first olass mail to me at the Property Addre~ shove or at a different addr~ it I oiv.
Holder a notioo of my different addre~. ----- - o
N .A?): .notice.that must bo ~iven to the Note Holder t~nder this Note will be glven ~ mailine it by first clexs mall t,~ ~h~_
o~.1-}, o,l~ it. _~.e.a_d d_ _r~s__s~_ted in Ssotion ~(A) above or at a different address iirl am given s no~ice o'f that different ~i~.~
· v~t. ivA I'IUNI~ OF PEP. SONS UNDER THIS NOTE '--'
i" .If more .than. o~. p~non .signs ~hls Nme, each pemon is fully and personally obliga~d to keep all of t~e ~romisas made in
ms ~ote, mciumni the prorates to pay the full amoum owed. Any pervo, n who is a ~narantor s~-tv or ancJorser ,-~ -~:- Nat.
iS al ' ' ' · · q- - ' ~ · "°--" "'
so obh~ted to do these thin~. Any person who takes over thase obhgallons, including the oblipUons of a guarantor,
all oftheamoun. .th,.Note. -- - --' ........
. 1 and any. other pe~on, who has obligations, under this Note waive the rlgh~s of presentment and no,ace' of d~shonor.'
Presentment meensthen~htto mretheNotoHoldertod a d~v nmmmtqrlsm ~M~;~.~fAl~k~,...
· req . . ~ n ~.fllontof ..................... ~,,,,,r
thenl0. ~IF~)RrRr~ht~° mretheNoteHul_de_r~o~venotlcetoo~herpersunsthatamoun~sduehsvenot been ~aidsEcURED Nui~- -- '
. . ,Thls..N°? is a unifur .m .i,nstr~ment with limited varistioua in some j~risdio~io~. In addition to the .p.?,. ,tections given to
~e._N.o_t.o._.n_o~l,d_e.r. und~ ~s..No.~, s .M.o,rt~, Deed of.T?? or Seo?.rity ~ (tho ~ty Instrument ), dated the ~ame
~ ~.~ u.s. ~,,o~e. D~o~ec~ me ~o~e t-linear trompon~me i~ which m~ght result sf I do not keep the promises which I
make m this ~ote. That Security Instrument dexcr~'bes how end under whet cnodi~ions ! ms}, be required ~o make immediate
payment in full of ell amounts I owe under this Not~. Some of those conditions are de~eribed as follows:
· Trn. ns.f~.r of ~he Property or a..Beneficia! Interest in Borrower. If ell or any part of the Property or an),
interest m ~t ts suld or transferred (or if s beneficial interest in Borrower is sold or transferrcd and Borrower is not
a natural person) without Lender's prior written consent, Lender rosy, at its option, require immediate pea'meat in
S .t .in ow er:t s o ion . ll be Lender ir
cxcrci$¢ IS proul o1~ Dy l~tlgral law 89 O! the uate oi' tills Seel~'JTy lnstrllment.
If Lender exercises this option, Lender shall givc Borrower notice of acceleration. The notice shall provide a
per, od of not less than 30 days from the date the noace ~s delzvered or mailed within which Borrower must pay ell
sums secured by this Sec~fit}, Instrument. If Borrower fails m pay thexe sums prior to ~he explra~ion of this period,
Lender may invoke any remedies permitted by this Sex~rity Instrumen~ without further notice or demand on
Borrower.
WITNESS TI'~ HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Se~) (Sexl)
$SN: -~r~wer
SSN:
PAY TO ~E O~ OF:
~-GR,gm5~o~ X~GDAAB .OZ "'" ~ "~&'=~ Fwm 3200 12183
RECORD AND RETURN TO:
PtJC NORT6ANE CORP. OF ANERICA
260b OXFORD DRIVE
3RD FLOOR
Panel Numar: 09-16-1050-200
- rSl~ J. ieve This ilne ]~t R~.a-dJng Data1
PREPARED BY:
oT, ORTGAGE
LENDE
~lS MORTGAG~ ("~ty I~t") is giv~ ~ HARCH 29 1996 The mo~g~ is
JAHES R. GRANLEY. UNMANR]ED ' '
("]3orrower"). This Security Instrument is ~ven to PNC #ORTbAGE CORP. OF ANERICA
which is organize1 and existing under the laws of THE STATE OF OHIO , end whose
addreasis 440 NORTH FAIRNAY DRIVE. VERNON HILLS. ILLINOIS 80061
("Lender"). ]~orrower owes Lender the princJpa] sum of
SIXTY-FOUR THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ......................................................
....................... :__ ............... ... ..... :__.... .........................................................
'Dolla~ (U.S. S64,500. O0 .......... )- Th~s debt ~s eYldencnd by ]~orrowcr's note de?~d tho eame dete ea this Security
]nstrumeot ("Note'), whig provides for monthly pyments, with the full debt, if not paid earlier, due and payab]e on
APRTL 1. 2026 . This Security Instrument secures to Lendec (a) the repayment of the debt
evidenced by the Note, with integer, end all tan~wals, e~tensions and modifications of the Note; (b) the payment of ali
other sums, with interest, advanced onder paragz~ph ? to protect the security of this Secm'ity lnst~ment; and (c)
the performance of Ro;;~wer's covenants and agreements under this Security Instrument and the Note. For this
purpose, Borrower does hereby mortgn&,e, grant and convey to Lender the following described property located in
CUMBERLAND County, Pennsylvania:
which, has thcnddreas of 748 ERFORD ROAD, CANP HILL
Pennsylvania 17011 ("Property Addrcse" ); [St~t. Ot~.].
[Zip C~Jel
PENNS~¥ANIA--qingle F~i~= ~MC
TOGI~I'HI~R WrfH all the improvements n~w or hereafter ~ on the proporty, and all
.app.~r. te~nanc?, a. nd fix~resnow or heres[~r a parlor theproper~y All ~'"aenmenta ........... .essements,
eytl~m~ecunty~.strument. All of the foret, oinpisrefer._4...:.;~:_~'_'__~.~_._ anoaom, uo. ns_snaliamooecovered
o-=--o ...~ ~,.,, ~.z~ ~ufl~ inslrumeot as the "Froperty."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the ri~t to
mort~ge, grant and convey the Property end that the Properly 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 s]~CuRrry INSTRUMI~IT combines uniform covenants for national uae end non=uniform covenants with
------... ~orrower an,, l.en,,er covenant and a~rse as follows: -- -
I. Psymeni of Principal end Intero~t; Prefmyment and L~te Charger,. Borrower shall promptly pay when due
the principal of end in~erest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Fends for Taxes and Insurance. Subject to applicable law or ~o a written waiver by Lender, Borrower shall
~a)y to Lender on the ds), monthly ,p?. ymenta are due under the Nots, until the Note is id i '
yearly taxes end s __~e-_smenta which may attain "'~ori'-, over "-'- ~ ...... pa _ n f.~.l, a sum ( Funds ) for;
~-.- ,~ ~s~ ~ur~y instrument as a llcil on the Property;
yearly lessehold payments or ~ ..r?ta un the Property, if eny; (c) yesrlv hazard or ~m~-~ · ·
(d) yearly flood insurance · · . - . ~--~-..~ mSurenes roms'
premiums, if any, (e) yasrly mortgage insurance prem urns, if any; and (f) an}. suPmsren~ysbl~
by B?rower ~o Lender, in accordance with the provisions of paragraph 8, in lien of she payment of mortgage insurance
premiums. These items are ealled 'Hncrow ltem~' Lender may, st any time, collect end bold Funds in an amount not
to exceed the maximum amount a lender for s federally related mortgege loen may require for Borrower's escrow
account under the federal Rea] ~,ate .qatt]ement Procedures Act of 1~74 as amended from tim~ to time, 12 U.S.C.
Section 2601 ~ ~eq. ('RI~PA"), unless enother law that applies to the Funds sets a l~-?r smoun'~. [f so, Lender mai',
st any time, collect end hold Funds in an amount not to exceed the lesser xmount. Lender may estimats the amount of
Funds due on the basis ·
of corrent data end reasonable, ea't~mates of expenditures of future ]~scrow Items or otherwise in
asoordance with applicable law.
' . T.h.e Funds. shall h?d in en institution whose deposits are insured by a federal c, ins ,
mClunlng J~enoer, if Lender is such en I..+:,..:.= % -_: ......... a~ y trumentalitl, or entity
....... ./L,~ m any ~coerel rtome t,oen ~enk. Lender shall apply the Funds to
pay t.h..e ~serow ltams:.I~n, d~ m~ay not .charge Borrower for holding and a I 'n the Funds
escrow account, or ver. YlllR the ~cro ~t~ .nl,.~ I e ~ -- 1~. yi g , annuall) analyzing the
.... w ........... *.,enoer pays 'orrower interest on the Funds and applicabl~ law
~ ,,,q~ ,,~ ,~u uauo ~, ~..enonr in coenectson wl~ mis lean, unless applicable law provides
otherwise. Unless an agreement is made or applicable law require~ interest to be paid, Lender shah not be required to
p~y Borrower any intsrest or earnines on the l~unds. Ik)rrower and Lender may agree in writing, however, that in~erest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an sunuel accounting of the Funds, showing
credits and debits to the l~.mds and the purpose for which each debit to the Funds was made. The Funds are pledged as
additional security for all sums secured by this Secori~y Instrument.
If the Funds held by Lender exceed the amounla permitted to be held by applicable law, Lender shall account to
Borrower for the exce~ l%nds in accordance w:+~ ,~ ...... , ......
· . . . ~,- ,~v ~r, qu~refllerlts o! appllcat~le law If the s
by Lender a~ any Ume ~s not sufficient to ~v the Hsc~-.~ ~ ..... ,- ..... ' m..ou_nt of the .l~unds held
,*-- ,*-,* -.mm, wucn uue, ~enaer may so not~fy ~orrowcr m writing,
and, in each case Borrower atoll pay to Lender the amount necessary to make up the deficiency. Borrower shall make
up the deficiency in no more than ~e,l ve monthly payments, at Lender*s sole discregon.
any ~J~nP°g~ ~n~yt ~enfucilelr?fl;llu~St~l~s ~.s~.r~cl__b~y,~t~is~ ~__eC~_r.,~l ,,ri,dimmest, Leader s. hall promptly refund to Borrower
acq ., on or of the ?roperm shall .onl .... .... Le dsr, p or to the
against the enms secured by this Security ~."~'~ ,z~u oy z~enoer a, me nme m acquisition or sele as, cmlit
3. Application of Pe~me~ta. Unl~ applicable law provides otber~ias, all payments received by Lender under
paragraphs I and 2 ~mll be applied: flint, to any Prepayment charg~ due under the Note: ~.ond. to amounts payable
under paragraph 2;, third, to ioler~ due; fourth, to principal dug; end last, to any late char ' d '
· . 4. Charges: Liens. Borrower shall ney all t~ ......... g~ ue under the Not~.
Froper~v which msv -.,-:~ --~--:*- ~.,.. -.~ -=-.? .~menzs, charges, ~lnas eno impositions attributnhh. ,~,
- , .... ,~..o~zt,zu payments or ~z'ound rents, if any.
Borrower shall pay ~ obligetions in the manner provided in paragraph 2. or if not paid in that manner, Borrower
shah pay them on time directly to the person owed payment. Borrower shall promptly fornlsh to Lender all notices of
amounts to he paid under this para~rsph. If Borrower makes the~c payments directly, Borrower shall promptly fureish
to Lender receipts evidencirl~ the payments.
Borrower shall promptly diasher~e eny lien which has priority over this Security instr~ment unless Borrower: (a)
a~rees in writi~ to the payment of the obligation secured by the lien in a manner acceptable lo I.~-nder; (b) coatesta in
~ood faith the lien by, or defends ageins~ enforcement of the lien in, legel proceedings which in the Lender's opinion
operate to prevent the enforuemcot of the lien; or (c) secures from the holder of the lien en a~reement satisfactory Io
Lender enbordiuefing the Ilea to this Secm-ity InsW-ment. If Lender aetsrminea that any pan of The Property is subject
to a Ilea which may a~siu priorily over this Security InstrUment, Lender may give Borrower a notice identifyln~ the
lien. Borrower shall sagefy The lien or take one or more of the actions set forth above witbin lO days of the givin~ of
5. Hazard or Property Insurance. Borrower ~ll eep the improvements now existing or hereafter erected on
thc Property insured against Ioza by fire, hazards included within the term *extended coverage' and any other hazards,
includi~lg floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts
end for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower
subj~t to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described
above, Lender may, at Lender's oi~ion, obtain coverage to protect Lender's rights in the Property in accordance with
paragraph 7.
All insurance policies and ren~waln shall be aesep~ble to Lauder and shall include a standard mortgage clause.
Lender shall h~ve the right to hold the policies and renewals. If Lender requires, ]~rrower shah ~romptly give to
· .v peon o~ susa it not mace promptly ~y l~orrower.
Unles~ Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repeir
a..pphed m the sums secured by this Secur~w lnstrum~.~t -~---~- ......... ~, the tnsuranec proceeds shell be
ro er abandons the Proart-tv or .4 .......... · ......... Y .pasd ~o Borrower. If
offered to settle s ulalm, -~-' '~* '"~'* '"' "~mwm- wztmn ~ ceYS a not'ce from t.en~ler that the assurance carrier has
then Lender may collect the insurance proceeds. Lender may uso the proceeds to repair or
re~ure the Property or to pay sum,* secured by this Security instrument, whether or not then due. The ~0-dsy period will
begin when the notice is given.
Unless Lender end Borrower otherwise agree in writin& any application of proceeds to principal shall not extend or
P°stponetheduedateofthemonthly,paymentsre~erred~oinperagrepbeland2orchan thee ·
If under per~raph 21 the Property is ac~ired ~v Lend~- n ............. ge mou. n.t.of she payments.
resulting from damage to th._ Property prior to the acquisition shall peas t& Lender to the extent of the sums
this Security lnstromen! immedistcly prior to the acquisition, secured by
L 6: .O~c. u~puncy, Presorvatim~, Maint?nance and Protection of the Pro ' Borrow '
cesenoz-s. ~orrower shall cee.nv ~.-~-,.-,- ....... .1~¥: e.r s Loan Apoliention.
after the execution of-..., ~.~0, nnu use me t'roperty as ~orrower's principal res:dance withi~zty day~
· this Security Instrument and shall continue to occupy the Property as Borrower's principal
nr~ot d~e.n,c,.e f.~or._et_!~,e~t.. _o...n.~y_~, ~r ef_ter._ ?_u ds~ of ..o~cupe.ncy, unless Lender otherwise agrees in writing, which concern s
. ,.~ ,,,- ~-~,,.0,~ .omnc~u, or unless estennszzng circomstances exist whic~, --- ~-----, ,~- , . ~ hell
..... · a~.. ,~v aur~mmre action or processing, wne~her civli or criminal, is begun that in Lendsr*s
good faith iudgment could. ~r?~.t in fo?it?re of the. Property or otherwise materially impair the lien created b this
Security instrument or Lender s secun~ znteres~. ~orrower may cure such a default and reinstate, as provi~ in
paragraph 18, by causing the action or l~ceding to be dismissed with a rulix~ that, in Lender*s good faith
d~termlnation, preclude,~ forf~J~'u~ of ~he ~er*s in~erest in the Property or other material impairment of the lien
crested by this Security instrument or L~nder's security interco. Borrower shall also be in default if Borrower, during
the loan application process, gave mater~ally false or inaccurate information or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan c~denced by the Note, including, but not
!im_?ed to, .represe~. teti?us co..ncerning Borrower's occupancy of the Pro as a .... . -
:us~rument is on a Icesonnld, uorrower shall comely with aP .t.= ~.a.~_=~_~_.Y.~ , prln~?~_l residence, l.f th*s Security
· = ~ ' '"" F* ~,vz~zu.~ uz ~ne lease, j! ~orrower acquires fee title to
the Property, the leasehold and the fee title shall nor merge unless Lender agrees to the merger in writing.
7. Pr,o~ection of ]Lender's Right~ in the Pronnrtv vt ~ .....
contained in this Security In~rome~. ,.* *~.-- :~ Z ~-~--;" ' ~o.rrower tails to.pe.r?rm the covenants and agreements
- . . , ......... ,~ proceeding that may mgntficently affect Lender*s rights in the
Prope~y (such as a proceeding m bankruptcy, probate, for condemnation or forfeiture or to
ragula~mns}, then Lender may do and ~, f..- .*~. .......:_ _ . . enforce laws or
· .-.; .....~*~ ~ neee~nry to protect the yams of the Property and Lender's
~ghts. in.the Property. Lender's a~ions may include paying any sums secured by a lien which has priority over this
urlty instrument, appearing, in court, ?.ying reasonable at'~orncys' fees and ente~ on the Pro ·
Although Lender may take action under this paragraph 7, Lender does not have to ~lon~ party to make repetrs,
An}, amonnte disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security lnstrume..nt. Unless Borrower and Lender agree to other terms of payment these a ·
from th.e date of dishuraement at the Note ,......., .~... ~. ......... , . mounts shall bear interest
requesting payment. -- ...... ~,~- ~ payame, wire mterext, upon not, ce from Lender to Borrower
8 Mortgage Insurance ]f Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in m*fe~, ~orrower shall pa}' the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
sul~tantially equivalent to the co~t to Borrower of the mortgage insurance previously in effect, from an alternate
er apron.ed by .Leuder. if ., ,tsutially equi a:ent mort i.. ca cove - ..
~urruwer sna~l pay to J.,~floer each month a sum ~t~l to one-twelftl~ ~ ~ gage, . raga zs not a~szJable,
paid by Borrower when the ........... · yearly mortgage insurance premium
insurance coverage lapsed or ~eseed to be in effect. Lender will accept, use and retain these
payments ns a loss reserve in lieu of roor'tga~e insurance. Loss reserve payments may no longer be required.
at the option of Lender. if mortpge insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer approved by Lender a~in becomes available and is obtained. Borrower shall pay the premiums
required to maintain mortge~ irmurence in effect, or to provide aloes reserve, until the requis~neot for mortgage
insurance ands in accordance with any written agreement be~veun Borrower and Lender or applicable law.
~}. lnspectnon. Lender or i~ agent may make rexsunabie eat·ex upon and mspeotiona of the Property. Lender shall
give Borrower notice et ths ~ims of or prior to an inspection 8pacifying res'*onable cause for the in·pennon.
10. Condemnalion. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnstion or other ~king of any part of the Property, or for conveyar~e in lieu of condemnation, are hereby
assigned and shall be paid to Lundes.
In the event of a total ~lcing of the Property, the proceeds shall be applied to the sums ~ecured by this Security
Instrument, whether or not than due, with any excess paid to ]~orrower. In the event of a partial teking of the Property in
which the fal.r .m~ .ket~vaiue. of .the Prop~.. imm.?lietaly hal*ore the taking is equal to or ~'ceter ~ the amount of The
.sums sesoreo by thru ~rlty ~ument tmmedmtely before the taking, uuiese ~orruwer and L~nder otherwiec agree
m writing, the sums semzred by thla Security Instrument shall be reduced by the amount of the proceeds multiplied by
the following ir·etlon: (a) the ~otal amOUnT of the sums secured immedia~ly before the talc~g, divided by (b) the fair
market value of the Property immediatoly 'oefore the ~alcing. Any balance ~mll be paid ~o BorrowS. In the event of a
partial ~aking of the Property in which the fair market value of the Property immediately before the tel~ng is less than
the amount of the sums sem~d immediately before the taking, uuit~s Borrower and Lender otherwise agree in writing
or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Borruwer, or if, after notice by Lender to Borrower that the'condemner offers to
make an award or settle a claim for damages, Borrower fails to reSlXmd to Lender within 30 days after the date the
notice is ' ' ·
gsven, lender ts suthonzad to collect and apfdy the proceeds, at its option, either to restoration or repair of the
Property or to the sums secured by this Security ]nat~mant, whether or not then du~
Unless Lender and Borrower otherwise agree in writing, any application of pruned· to principal shall not extend or
postpone the due date of the monthly payment· referred to in paragraphs I and 2 or chenge the amount of such
payments.
i !. Borrowor Not Released; l~orhearnnco By Lender Not a Waiver. Exten~on of The time for payment or
modification of amortization of the sum· sesored by this SecuriTy Instrument gren~d by Lender to any succeSSor in
interest of Borruwer shall not operate to relzase the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any auceesunr in interest or reft:se to extend
time for payment or otherwi9o modify amortization of The sums secured by thin Security Instrument by reason of any
demand made by the original Borrower or Borrower's successurs in interest. Any forbearance by Len. der in e~ercising
any right or remedy shall not be · waiver of or pre~ode the exercise of any right or remedy.
12. Successors and Aesigos Bound: Joint. and Several Liability; Co-signers. The envenanta nnd agreements
of this Sesurity ]natrument shall bind and bone~i~ the succe~om and assigns of Lender and BorrOwer, subject to the
~P~i s~eaiecon~, of .paragraph 17. Bo.rrower*a corena·tn and agra??.. ?tn ah.all he ~uin~ and several. Any Borrower who co-signs
un~ Instrument but does not execute the Note: la) ts co-~ning reis Security In~rument only to mortgage,
grant and convey that Borrower's inte~st in the Property under the terms of this Security Instrument; (b) is not
personsl]y obligat~ to pay the sums secured by this Security Instrument; and (c} a~,~s that Lender and any other
Borrower may agree to
extend, modzfy, forbear or make any accommodations with regard to the term· of this Security
Instrument or the Note without'chaT ]~zrruwer's consent.
13. Loan Charges. If the loan secured by this SecuriTy Instrument is sub~ct to · iaw which nets maximum loan
charges, and that law is finslly interpreted so that the interest or othe~ loan charges enllented or to be collected in
connection with the loan exceed the permitted limits, then: (a) any sunh loan charge shall be reduced by the amount
nece~ary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
ez__,~__ed permit~d limits will be refond~ ~o Borrower. Lender may eh·ocs to make this refund by reducing the
principal owed under the Note or by making a dire~ payment to Borrower. If · refund reduces p~incipal,
will be treated as · partial prepayment without any prepaymen~ charge under the Note. the reduction
14. Notices. Any notice to Borrower provided for ~n thin Security Instrument shail be given by delivering iT or by
mailing it by first claes mail unle~ applicabie law requires use of another method. The notice shall be directed to The
· -~.~, o o,,~ am~uo hereto or any otAer a~re~ L~.rsunr designstes by notico to Borrower
notice provided for in thia ~'ori~y Instrument shall be deemed to have been Wan to Borrower or Lender when given
as provided in this paragraph.
15. Governing Law; Sevnrability. This ~ecuriTy Instrument shall he governed by federal law and the law of the
juri~ilction in which the Property ia located. In the event that eny provision or clause of thia ~curizy Instrument or the
Note cooflict~ with applicebie law, such conflict shall not affect other provisions of thla 8ceurlty Instrumcot or the Note
which' ce· be given e~feet without the conflicting provi~on. To This end the provisions of this SecuriTy Instrument and
the Note ara declared to be ~everable.
Ferm 3039, 9190
16 Borrower'·Copy. Borrower shall be ~ven one conformed copy ofTheNoteend of this Sceurity instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any lxu-t of the Property or any
interest in it is sold or transf~,~ (or if a beneficial interest in Borrower is sald or trand'erred and Borrower is not a
n~tural parson) without Lender'· prior written ennsent, Lender may, at its option, coq·ire immediate payment in full of
· urns secured by this Security Instrument. However, This option shell not be exercised by Lender if exercise is
prohibited by federal law as of ~ date of This Security Instrument.
If Lender exercises thi· option, Lender shall ~ive Borrower notice of accal~ration. The notice shall provide a period
of not less than ~0 day· from The date the notice is delivered or mailed within which Borrower m~t 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.
18. Borrower*s Rizht to Reinstate. If Borrower meets certain conditions, Borrower shall have thc right to have
enforcement of this Sestmty Instrument discontinued at say time prior to the earlier of: (a)$ days (or such o~her period
as spp]icshle law may specify for reinetstement) before sale of The Property pursuant to any power of sale contained in
this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. These conditions are that
Borrower: (·) pay· Lender all sum· which then would be due under this Security Instrument and. The Note se if no
acceleration had ccc~rred; (b) oure~ any d~eult of any otb. er covenants or a~rcemants; (c} pays all expenses incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' feex; and (d) tekex such action as
Lender may reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and
Borrower's obligation to pay tho mime secured by this Security Instrument shall continue unchanged. Upon reinstatement
by Borrower, This Security Instrument and the obligations secured hereby shall r~maln fully effective as if no acceleration
had right rai, , te not apply in the of:c ,retion under p r·ph 17.
a .. ~ml= uJ l~ote, ~.nan~ ox Joan ~ervicer. The Note or s partial interest in Thc Note (together with this Securill,
Instrument} may be sold uno or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the 'Loan Servicer') that eollest~ monthly ~lymente due under the Note and This Security Instrument. There
also may be one or more changes of tho 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 tbs change in accordance with paragraph 14 above and ·pplicable law.
The notice will state the name and addrese of the new Loan Servicer and the address to which payments should be made.
The notice will else cunteln any other information required by applicable ]aw.
20. Hazardous Substances. Borrower shall not cause or permit thc presence, use, disposal, storage, or release of
any Hazardous Substances on or in the ProperS. Borrower shall not do, flor allow anyone else to do, anything affecting
thc Property that is in violation of any Tlnvironmental Law. Thc preceding two sentences shall not apply to the presence,
use, or storage on the Property of smell qusntities of Hazardous Substance~ that are generally recngnized to be
appropriate to normal residential t~ex and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or rejulatory agency or private party involving the Property end any Hazardous Sulx~ence or
Environ·entel ·
Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any ~overnmantel or
regulatory authority, that any removal or other remedistion of any Hazardous Substance affecting the Property. is
necessary, Borrower shell promptly take all necessary remedial actions in accordance with Havlronmentel Law.
As used in this pare~'sph 20, 'Hazardous Sulx~tancex" ·r~ those euhetances defined as toxic or hazardous substances
by Environmental Law and the following sabetence~ gasoline, kerus~e, other flammable or toxic petroleum products,
toxic pasgcidas and herbicides, volatile solvents, materials containing asbesins or formaldehyde, and radioactive
materials. As used in this pareF, raph 20, "Environmental Law' m~aus federal laws and law· of The jurisdiction where the
Property is located that relate to healTh, safety or environmental protection.
NON-UNIFORM COVtiNANTS BOrrowe~ and Lender further covenant and agrce as follow~
21. Acceleration; Remedies. Lender shall ~ive notice to Borrower prior to acceleration following
Borrower's breach of any covenant or ngreument in this Security Instrument (but not prior to acceleration
under paragraph .17 unless appli~ble law provide· otherwise}. Lender shall notif Borrower of ·
things: (al the default; (b} the action renuirnd to c .....~._ .,_._. ,.., , .... Y. _ . , song other
-~ =-.- .... u~mux~, ~c; wnen tee ~elavlt must be cured; and (d}
that failure to curc the default as specified may result in acceleration of the sums soenrad by this Security
lostrumcnt, foreclosure by judicial proneeding and sale of the Property. Lender shall further inform
Borrower of the right to reinstutc after steele, ration and the riehl to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to acceleration and fOreclosure. If the default is
not cured as ·peclfied, Lender, at its option, may require immediate peyment in full of all sums secured by
this Security Instrument without further demand and may foreclose this Security Instrument bI. judicial
prosceding. Lender shall be entitled to collect all expenses incurred in pnrsuing the ramedics provided in this
paragraph 21, including, but not limited to, attorneys' fee· and costs of title evidence to the extent permitted
by applicable law. .
J2. Release. · . .
Upon payment of all sums secured by this Security lustr~ment, This Sesnrity lusTroment and the estate
conveyed shall terminate end become void. After s.ch occurrence, Lender shell discharge and satisfy this Secorlty
Instrument without charge To Borrower. Borrower ·hall pay any recordation costs.
23. Waivers. Borrowor, t~ tho ext~t i~mitted by'oppilcable law, waives and ~le~ ~y ~r or ~f~ in
~difl~ to ~fo~e ~s ~ I~t, a~ ~by waiv~ ~ ~i~ ~ any ~t ~ f~u~ laws ~o~ding
for ~my of ~cuti~, ~ ~ ~me, ~on from a~o~ent, l~y nnd ~le, n~ homed ~m~ion.
24. Reinstaiem~ Peri~. ~'s dine m ~r~ ~id~ in ~ph 18 ~dl ~d m one ho~
m the comm~m~t of ~ at a ~s ~e or ~ ~e ~t ~ ~s ~ity Instant.
25. Pu~ha~ Money M~. ~ any ~ ~ ~ ~ by ~ ~ity In~m~t is I~t to ~rmwer
~. Inter~ ~tz ~t~ Judgm~t. ~w~ n~ ~z ~ int~ ~t~ ~Dblz ~t~ a j~gm~t is ~ on
the No2 or in an ac~ ~ mo~ f~ ~1 ~ ~e ~2 ~ble f~ ~m~ ~ ~me ~ ~e Note.
27. Riders to ~is S~ty l~um~nt. If o~ ~ mo~ fid~ m ~t~ ~ Bormw~ and ~d~ ~g~her
with this ~ty In~mm~ the ~ and a~ of ~h ~ch ~d~ ~11 ~ in~ into nad ~all
nm~d and ~l~x ~z'~n~ ~ a~ of ~ ~u~ty l~mt ~ if ~ ~r(s) w~ a ~rt of ~his
~u~)' I~um~t. [~k a~i~ble ~(~)]
Ad~ablz ~2 ~ ~n~minium ~d~ ~ 1'4 Pamily ~
~adm~ ~ym~t ~d~ ~n~ Unit ~dopm~t Ri~ ~ Biw~y Pnym~t Rid~
~ll~n Ri~ Rs~ Im~m~t ~id~ ~ S~d Home Ri~
V.A. Rid~ ~(s)
,,. .....,.-.,,- -. -.~. ,~e; ~c~ca oy ~orrower eno ~ wi~ it.
, 7 ............. / /
/, ; /
Grtilic~ of Residence
], ~ L( t~. ,'...(' ._. ~. ~.. ~'~ , ~ h~by ~fy that ~e ~t
ndd~ofthe~i~Jn~am~o~is 2000 OXFORD DRIVE, 3RD FLOOR, BETHEL PARK, PA 15~0Z
~ A~I ~ M,~
COMMONWEAL~ OF PENNSYLVANIA, Cum~rland ~unty ss:
On this, ~e 29th day ~ March 1996 ~o~ me, ~he un~
offi~, ~n~Jy ap~ '
James R, G~amley
~he ~n why'aaron ' · . known ~
. . . is . su~ m the wilhin i~t and
~u~ ~ae ~me tot ~ p~ ~n ~n~in~. ~ I
IN WITN~S ~p, I h~un~ ~t my ~nd and official ~l.~ J ~ '~_
~,~* · *, · ~ ..... ~.,::w~. Douohin ~ For~ 3039 g/O0
ALL THAT CERTAIN tract or parcel of land situate in East
Pennsboro Township, Cumberland County, Pennsylvania, more
particularly bounded and described as follows:'
BEGINNING at a point on the westerly line of Erford Road (East)
which point is 444.25 feet north of the northwesterly corner of
Erford Road (East) and Dulles Drive (East) and at dividing line
between Lots Nos. 13 and 13X, Block "J', on the hereinafter
mentioned Plan of Lots~ thence along said dividing line South 53
degrees 00 minutes West 110 feet to a point; thencs along the
easterly line of Lot No. 21, Block 'J" on said Plan North 37
degrees 00 minutes West 37.50 feet to a point at dividing line
between LOtS Nos. 12 and 13X, Block "J' on said Plan; thence
along said dividing line North 53 degrees 00 minutes Eas~ 110
feet to a point on the westerly line of Erford Road .(East)
aforesaid; thence along same South 33 degrees 00 minutes East
37.50 feet to a point the place of BEGINNING.
BEING Lot No. 13X, Blcok 'J# in Plan No. ? Rldley Park,' which
Plan is recorded in Cumberland County Plan Book 15, page 56.
VERIFICATION
The undersigned, and duly authorized representative of Plaintiff, deposes and says
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities
that the facts set forth in the foregoing Complaint are true and correct to his information and
belief.
2nd VICE PRESIDEN'r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK. N.A.,
Plaintiff, NO.: 2001-03086 Civil Term
VS.
JAMES R. GRAMLEY,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129. I
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
PNC Bank. N.A., Plaintiffin the above action, sets forth as of the date the Praeeipe for the
Writ of Execution was filed the following information was of record concerning the real property
of James R. Gramley located at 748 Erford Road. Camo Hill, Penn~¥1vani~ 17011 and is more fully
described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN
AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP
OF EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD,
CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL
#09-16-1050-200
1. The name and address of the owner or reputed owner:
James R. Gramley 748 Erford Road
Camp Hill, PA 17011
2. The name and address of the defendant in the judgment:
James R. Gramley 748 Erford Road
Camp Hill, PA 17011
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
PNC Bank, N.A. PLAINTIFF
4. The name and address of the last record holder of every moRgage of record:
PNC Bank, N.A. PLAINTIFF
American General Finance, Inc. 3120 Parkview Lane, Suite 101
Harrisburg, PA
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue Bureau of Individual Taxes
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 1712fl-0601
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
NONE
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
NONE
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
GRENEN & BIRSIC, P.C.
By: ~'
Kfistme M. Faust, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this ~ day of~2001.
Notary Public
Patricia A. Townsend. Notary Public
Pittsbulgh. Alleghe,~¢ Coun*v
My Commission Expires June 2 200~.~
Member, Pennsylvama ^ssoc~auon ot Notane'c
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.,
Plaintiff, NO.: 2001-03086 Civil T~mn
VS.
JAMES R. GRAMLEY,
Defendant.
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undecsigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly
sworn according to law deposes and says that the owner of the property located at 748 Erford Road,
Camp Hill, Pennsylvania, 17011, is Defendant, James R. Gramley, who resides at 748 Erford Road,
Camp Hill, Pennsylvania, 17011, to the best ofber information, knowledge and belief.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS ~\DAY OF ~,(~'C~r"fX'x~ ~-~,~, 2001.
·
Notary Public
Notarial Seal '[
Patricia A. Townsen0. Notary Public
Pittsburgh. Allegheny Coun!y
My Commission Expires June 2, 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.,
Plaintiff, NO.: 2001-03086 Civil Term
VS.
JAMES R. ORAMLEY,
Defendant.
AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974. 41 P.S.101. ET. SEO.
AND ACT 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEOHENY
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Kristine M. Faust. attorney for the Plaintiff, who being duly
sworn according to law deposes and says that on March 12, 2001, Defendant was mailed Notices
of Homeowner's Emergency Mortgage Assistance Act of 1983, and Act 6 Notices of Intention to
Foreclose by certified mail, return receipt requested, and first class U.S. Mail.
SWORN TO AND SI. JBSCRIB£D BEFORE
Notary Public
Notarial Seal I
Patricia A. Townsend. Notary Public
Pittsburgh Allegheny Coun.~ ,
My Commission Expires June 2, 2003
Member, Fennsylvanm Association ol Notanee
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03086 P
COMMONWEALTH OF PENNSYLVILNIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
GRAMLEY JAMES R
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GRAMLEY JAMES R the
DEFEN-D~/qT , at 1910:00 HOURS, on the 6th day of December , 2001
at 748 ERFORD RO~dD
CAMP HILL, PA 17011 by handing to
POSTED PROPERTY AT 748 ERFORD ROAD CAMP HILL
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Service 9.75
Posting 6.00
Surcharge 10.00 R. Thomas Kline
.00
43.75 12/10/2001
GRENEN & BIRSIC~ ~ /I
Sworn and Subscribed to before By: ,/.D~ ~/,~e~put~h~eriff~
me this /~- day of
.... A.
~P~ot honot ary' '
NOV ! $ .00!
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
vs.
JAMES R. GRAMLEY,
Defendant.
ORDER OF COURT
AND NOW, to wit, this ~:~-~day of VJ~..._~% ,2001, upon
consideration of the within Notice of Sheriff's Sale Pursuant to Special
Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the
Sheriff of Cumberland County is hereby allowed to serve Defendant, James
R. Gramley, with a true and correct copy of Plaintiff's Notice of
Sheriff's Sale by posting the property at 748 Erford Road, Camp Hill, PA
17011, and Plaintiff is permitted to serve the Defendant, by mailing a
true and correct copy of the Notice of Sheriff's Sale by first class
mail, postage pre-paid addressed to James R. Gramley at 748 Erford Road,
Camp Hill, PA 17011. Service on the Defendant shall be deemed complete
and valid upon posting by the Sheriff of Cumberland County and mailing
by the Plaintiff.
' .~*'; t.J j.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No. :2001-03086 Civil Term
ISSUE NUMBER:
vs.
TYPE OF PLEADING:
JAMES R. GRAMLEY, MOTION FOR SERVICE OF
SHERIFF SALE PURSUANT TO
Defendants. SPECIAL ORDER OF COURT AND
ORDER OF COURT
CODE -
FILED ON BEHALF
OF PLAINTIFF: PNC
Bank, N.A.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
( 412 ) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
vs.
J~4ES R. GRAMLEY,
Defendant.
MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT
AND NOW, comes the Plaintiff, PNC Bank, N.A., by and through its
attorneys, GRENEN & BIRSIC, P.C., and files the Motion for Service
of Notice of Sheriff's Sale Pursuant to Special Order of Court under
Pennsylvania Rule of Civil Procedure 430 as follows:
1. On or about May 21, 2001, Plaintiff filed a Civil Action
- Complaint in Mortgage Foreclosure against the Defendant at the above -
captioned number and term.
2. On or about May 21, 2001, Plaintiff delivered to the Sheriff
of Cumberland County a true and correct copy of the Civil Action -
Complaint in Mortgage Foreclosure filed by the Plaintiff at the above -
captioned nu~er and term along with direction cards requesting that
Defendant, James R. Gran%ley, be served a copy of the Civil Action -
Complaint in Mortgage Foreclosure at his last known address being 748
Erford Road, Camp Hill, PA 17011.
3. On or about June 3, 2001, Plaintiff received Notice from
the Sheriff of Cumberland County; said Notice indicated that on May 30,
2001, Defendant, James R. Gramley, was served with a true and correct
copy of the Civil Action - Complaint in Mortgage Foreclosure at his last
known address being 748 Erford Road, Camp Hill, PA 17011. A true and
correct copy of the Affidavit of Service from the Sheriff of Cumberland
County is marked Exhibit 'A", attached hereto, and made a part hereof.
4. On or about July 20, 2001, Plaintiff entered Default Judgment
against the Defendant in this action in the amount of $66,167.24 and for
foreclosure and sale of the mortgaged premises.
5. On or about September 1, 2001, Plaintiff filed with the
Prothonotary a Praecipe for Writ of Execution on the judgment in this
action.
6. In accordance with Pa. Rule of Civil Procedure 3129, Plaintiff
mailed a true and correct copy of Plaintiff's Notice of Sheriff' Sale,
by certified mail, return receipt requested, restricted delivery to the
Defendant at his last known address being 748 Erford Rod, Camp Hill, PA
17011.
7. On or about September 9, 2001, the Notice of Sheriff's Sale was
returned to Plaintiff. Said return indicated that Defendant, James R.
Gramley, could not be found at the given address. A true and correct
copy of the returned envelope is marked Exhibit "B", attached hereto, and
made a part hereof.
8. On or about November 1, 2001, Plaintiff received notice from
the Sheriff of Cumberland County. Said notice indicated that an attempt
was made to serve Defendant, James R. Gramley, with Notice of Sheriff's
Sale at his last known address being 748 Erford Road, Camp Hill, PA
17011; however, the Defendant no longer resides at the given address.
Additionally, said notice indicated that the Defendant resides at an
unknown address in the state of New York. A true and correct copy of the
Affidavit of Service from the Sheriff of Cumberland County is marked
Exhibit "C", attached hereto and made a part hereof.
9. An Affidavit of the Plaintiff stating the nature and extent
of the investigation which has been made to determine the whereabouts of
the Defendant and the reasons why service of the Notice of Sheriff's Sale
cannot be made, is marked Exhibit "D", attached hereto and made a part
hereof.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
allow the Sheriff of Cumberland County to post a copy of the Notice of
Sheriff's Sale on the property at 748 Erford Road, Camp Hill, PA 17011,
and permit the Plaintiff to serve Defendant, James R. Gramley, by mailing
a true and correct copy of the Notice of Sheriff's Sale by first class
mail, postage pre-paid addressed to James R. Gramley at 748 Erford Road,
Camp Hill, PA 17011. Service of the Notice of Sheriff's Sale shall be
deemed complete and valid upon posting by the Sheriff of Cumberland
County and mailing by the Plaintiff.
GRENEN & BIRSIC, P.C,
'~ris~_n~ M. Faust,~squire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7560
EXHIBIT ~A"
CASE' NO: 2001-03086
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
GRAMLEY JAMES R
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GRAMLEY JAMES R the
DEFENDANT , at 1925:00 HOURS, on the 30th. day of May , 2001
at 748 ERFORD ROAD
CAMP HILL, PA 17011 by handing to
JAMES R GRAMLEY
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
37.30 05/31/2001
GRENEN & BIRSIC
Sworn and Subscribed to before By:
me this day of -- Deputy Sh~,~iff
A.D.
Prothonotary
RXHIBIT ~B~
EXHIBIT ~C"
PNC Bank, N.A. In The Court of Common Pleas of
¥S Cumberland County, Pennsylvania
James R. Gramley Writ No. 2001-3086 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: .lames R.
Gramley, but was unable to locate him in his bailiwick.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law,
states that on September 25, 2001 he was at the property of James R. Gramley, located at
748 Efford Road, Camp Hill, Pennsylvania. Deputy 6ossert spoke to a neighbor that
advised him defendant is not residing at within address, but that defendant is residing at
an unknown address in New York. A check with the Camp Hill Post Office revealed the
Post Office is holding defendant's mail, and that it has not been received by defendant.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law,
states that on September 28, 2001 at 5:50 P.M., E.D.S.T., he posted a hue copy of the
within Real Estate Writ, Notice, Poster and Description, in the above entitled action,
upon the property of James R. Gramley, located at 748 Erford Road, Camp Hill,
Pennsylvania, according to law.
Sworn and subscribed to before me ~¢~,,~te~ ~~
This ___ day of R. Thomas Kline, Sheriff
BY -
2001, A.D. ~
Prothonotary
EXHIBIT ~D"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
vs.
JAMES R. GRAMLEY,
Defendant.
AFFIDAVIT PURSUANT TO PA. R.C.P. 430
COUNTY OF ALLEGHENY )
) SS
COMMONWEALTH OF PENNSYLVANIA )
Before me, a notary public, in and for the foregoing county and
commonwealth, personally appeared Kristine M. Faust, Esquire, of GRENEN
& BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the
following accurately reflects efforts made to ascertain the exact
whereabouts of Defendant, James R. Gramley, named in the above-captioned
matter:
a. On or about October 31, 2001, Plaintiff mailed to the United
States Postmaster at Camp Hill, PA 17011, a request to be
furnished with a forwarding address of Defendant, James R.
Gramley.
b. On or about November 9, 2001, Plaintiff received a response
from the United States Postmaster; said response indicated
that Defendant, James R. Gramley, moved and left no forwarding
address. A true and correct copy of said response is marked
as Attachment "A", attached hereto and made a part hereof.
c. Examinations were made of the Cumberland County Tax Assessment
Office; said examinations indicated that Defendant, James R.
Gramley, resides at 748 Erford Road, Camp Hill, PA 17011.
d. Examinations were made of the Cumberland County Voter's
Registration Office; said examinations indicated that
Defendant, James R. Gramley, resides at 748 Erford Road, Camp
Hill, PA 17011.
e. Examinations were made of the Cumberland County phone
directory; said examinations indicated no listings for
Defendant, James R. Gramley.
f. Examinations were made on a nationwide computer search
available through Lexus Legal Research; said examinations
indicated that Defendant, James R. Gramley, resides at 748
Erford Road, Camp Hill, PA 17011. A true and correct copy of
said search is marked Attachment ~B", attached hereto and made
a part hereof.
Finally, affiant deposes and says that after the foregoing
investigation, the Plaintiff believes the whereabouts of Defendant,
James R. Gramley, are unknown to Plaintiff.
GRENEN & BI~S~C% P.C./;
Kri~t'ine M. Fau~t, Esquire
Attorneys for Plaintiff
One Gateway Center-Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me this.~day o~__~,2001.
iPublic
ATTAC~NT ~'A"
Date Z0/31/01
Cam Hill PA 17011
City, State, ZIP Code
Request for Change of Address or advt.-older
Information Needed for SeL*v~ee of Legal Proceea
~lease furnish the new address or the name and street address (if a box holder) for
ne =ollowlng:
Name: James R. Gramle¥
Address: 748 Erford Road
NOTE: The name and last known address are required for change of address information.
The name, if known, and post office box address are required for box holder
information.
The following information is provided in accordance with 39 CFR 165.6(d){8) (ii).
There is no fee for providing boxholder information. The fee for providing change of
address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and
correapondln~ Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing
himself): heqal Assistant
2. Statute or regulatlon that empowers me to serve process (not required when
requester is an attorney or a party acting pro se - except a corporation acting pro se
must cite
statute):
3. The names of all known parties to the litigation: PNC Sank. N.A.. vs. James R.
Gramlev
4. The court in which the case has been or will be heard: Court of Common Fleas of
Cumberland County
5. The docket or other identifying number if one has been issued: 2001-03086 Civil
Term
6. The capacity in which this individual is to be served (e.g., defendant or
witness): Defendant
W~3~NINH
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFOPJ~ATION OR
SOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN
CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES
INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE
FOR CHANGE OF ADDRESS INFOPJ4ATION OF NOT MORE ~ 5 YEARS, OR B(Y~H (TITLE 18 U.S.C
SECTION 1001).
I certify that the above information is true and that the address information is
needed and will be used solely for service of legal process in connection with actual
or prospective litigation.
GRENEN & BIRSIC, P.C.
Pittsburgh, PA 15222
· " Signature
Gerald L. Potter. Jr.
Frinted Name
No change of addresa order on f~e. NEW ADDRESS or
Not known at address given. NAME and STREET ADDRESS
Moved, left no forwarding address
No such address,
ATTACHMENT "B"
P~e3
1ST DOCUMENT of Level i printed in FULL format.
* * + THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY * * *
PERSON LOCATOR: P-SEEK
Name: GRAMLEY, JAMES R
Spouse First Name/Initial: M
Consumer Name Last Updated: 11/29/2000
Current Address: 748 ERFORD RD, CAMP RILL, PA 17011-1125
Previous Addresses: 207 FEDERAL AVE
WILLIAMSPORT, PA 17701-4213
Address Type: SINGLE FAMILY
Address Created: 7/20/1998
Address U~dated: 11/29/2000
748 ERFORD RD
CAMP HILL, PA 17011-1125
Address Type: SINGLE FAMILY
Address Created: 5/2/1996
Address Updated: 2/10/2000
Current Address Type: SINGLE FAMILY
Current Address Created: 6/1/1999
Current Address Updated: 5/4/2001
Birthyear: 1961
Gender: MALE
Telephone Number: 717-728-9844
On File Since: 11/9/1990
Date Vendor Record Last ~dated: 5/4/2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
vs.
JAMES R. GRAMLEY,
Defendant.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
within Motion for Service of the Notice of Sheriff's Sale Pursuant to
Special Order of Court and Order of Court was ~iled to the following on
this /~'day of Nove~%ber, 2001, by first class, U.S. Mail, postage
pre-paid:
James R. Gramley
748 Erford Road
Can~ Hill, PA 17011
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center-Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAEClPE FOR WRIT OF EXECUTION
Caption: : ( ) Confessed Judgment
?NC SANK, N.A. : ( ) Other
: File No. 2001-03086 civil Term
vS. : Amount Due $66,t67.24
JA[~E:S R. GI~,.-'~E¥ : Interest $1.645.~,5 (from 7/4/01)
: Atty's Corem
: Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sl~briff of Cumberland County,
for debt, interest and costs, upon the following described property of the defendant(s)
SEE ATTACHED DESCRIPTION
PRAECIPE FOR ATrACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
[] (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Print Name: Kristine M. Faust
Grenen & Sirs~c, P.C.
Address: O~e Gateway Cenl:er~ Nine [4est
Pittsbursh, PA i5222
Attorney for: PNC BANK, N.A.
Telephone: /, 12-28 !-7650
Supreme Court ID No.: 79991
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03086 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
GRAMLEY JAMES R
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GRAMLEY JAMES R the
DEFENDANT , at 1925:00 HOb-RS, on the 30th day of May , 2001
at 748 ERFORD ROAD
CAMP HILL, PA 17011 by handing to
JAMES R GRAMLEY
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
..00
Service 9.30
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
37.30 05/31/2001
GRENEN & BIRSIC
Sworn and Subscribed to before By:
me this ~L? day of · Deputy Sh~iff
%_,/a~_, ~ / A.D.
~ ~rothonota~yt ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.,
Plaintiff. NO.: 2001-03086 Civil Term
VS.
JAMES R. GRAMLEY,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: JAMES R. GRAMLEY
748 ERFORD ROAD
CAMP HILL, PA 17011
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLANI) COUNTY COURTHOUSE
COMMISSIONERS' HEARING ROOM, 2nD FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on December 5, 2001, at 10:00 A.M., the following described real estate, of which James R. Gramlev
is the owner or reputed owner:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN
AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP
OF EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD,
CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL
#09-16-1050-200.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
PNC BANK, N.A.,
Plaintiff,
VS.
JAMES R. GRAMLEY,
Defendant.
at Execution Number 2001-03086 Civil Terra in the amount of $67.812.69.
Claims again~ the property must be filed with the Sheriffbeforc the above sale date.
Claims to proceeds must be made with the Office of the Sheriffbefore distribution.
Schedule of Distribution will be filed with the Office of the Sheriffno 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 liner than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
This paper is a notice of the date and time of the sale of your property. It has been issued
because there is a judgment agains~ you. It may cause your property to be held or taken to pay the
judgment. You may have legal fights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you must act
promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
¢717) 240-6200
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In
order to exercise those fights, prompt action on your part is necessary.
You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs,
a petition to open or strike tbe judgment or a petition to stay the execution.
Iftbejudgment was entered because you did not file with the Court any defense or objection,
you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time.
Iftbe judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue
of whether the plaintiffhas a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if ibc Sheriffhas not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty (20) days after service or in certain other events. To exercise this right you would have to
file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other
legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE
IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED
IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
GRENEN & BIRSIC, P.C.
By: ~' eec c,¥"__,.~q(~)'~
Kristine M. Faust, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.
Plaintiff, NO.: 2001-03086 Civil Term
JAMES R. GRAMLEY,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the westerly line of Erford Road (Eas0 which point is 444.25 feet
north of the northwesterly comer of Erford Road (East) and Dulles Drive (East) and at dividing line
between Lots Nos. 13 and 13X, Block "J", on the hereinafter mentioned Plan of Lots; thence along
said dividing line South 53 degrees 00 minutes West 110 feet to a point; thence along the easterly
line of Lot No. 21, Block "J" on said Plan North 37 degrees 00 minutes West 37.50 feet to a point
at dividing line between Lots Nos. 12 and 13X, Block "J" on said Plan; thence along said dividing
line North 53 degrees 00 minutes East 110 feet to a point on the westerly line of Erford Road (East)
aforesaid; thence along same South 37 degrees 00 minutes East 37.50 feet to a point the place of
BEGINNING.
.... SUBJECT tO ali exceptions, restrictions, easements, rights of way, and oil and gas leases as
set forth in prior instruments of records.
BEING the same premises which John H. Greene and Marcia M. Greene, by Deed Dated
March 29, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County on
April 2, 1996. in Deed Book Volume 136, Page 1138, granted and conveyed unto James R. Graraley,
the Mortgagor herein.
BEING Lot No. 13X, Block "J" in Plan No. 7 Ridley Park, which Plan is recorded in
Cumberland County Plan Book 15, Page 56.
GRENEN & BIRSlC, P.C.
Kristine M.eFaust, E~quire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Parcel No. 09-16-1050-200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.,
Plaintiff. NO.: 2001-03086 Civil Term
VS.
JAMES R. GRAMLEY,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
PNC Bank N.A. Plaintiffin the above action, sets forth as of the date the Pra~cipe for the
Writ of Execution was iliad the following information was of record concerning the real protmrty
of James R. Gr_~e located at 748 Erford Road. Camp Hill. PennnvlvaniA 17011 and is more fully
described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN
AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP
OF EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD,
CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL
#09-16-1050-200
1. The name and address of the owner or reputed owner:
James*R. Gramley 748 Erford Road
Camp Hill, PA 17011
2. The name and address of the defendant in the judgment:
James R. Gramley 748 Erford Road
Camp Hill, PA 17011
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
PNC Bank, N.A. PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
PNC Bank, N.A. PLAINTIFF
American General Finance, Inc. 3120 Parkview Lane, Suite 101
Harrisburg, PA
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue Bureau of Individual Taxes
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 17128-0601
0. The name and address of ev~y other person who has any record interest in the property and
whose interest may be affected by the sale:
NONE
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
NONE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, N.A., ) CIVIL DIVISION
)
Plaintiff: ) NO.: 2001-03086 Civil Term
)
v. )
) ISSUE NO.:
JAMES R. GRAMLEY. )
) TYPE OF PLEADING:
Defendant. )
) PRAECIPE FOR DEFAULT JUDGMENT
) (Mortgage Foreclosure)
I hereby certify that the address o£the ) CODE-
Plaintiff is: )
) FILED ON BEHALF OF PLAINTIFF:
539 South 4~h Avenue )
Louisville, KY 40202-2531 ) PNC Bank, N.A.
)
the last known address of Defendant is: ) COUNSEL OF RECORD FOR THIS
) PARTY:
748 Erford Road )
Camp Hill, PA 17011 ) Brian B. Dutton, Esquire
) Pa. I.D. #81953
)
) GRENEN & BIRSIC, P.C.
)
) Fima #023
)
) One Gateway Center, Nine West
) Pittsburgh, PA 15222
)
) (412) 281-7650
)
GRENEN & BIRSIC, P.C.
Attorneys for Plaintiff
OF COM aO q pLEAS OF cuMBEP-LA COLR4'r*/, PEI'nq$ /LX/ I
~ ~E C0~ cWIL DWISION
NO.: 2001-030B6 Civil ~enu
pNC BA~, N.A.,
plffmtiff,
Defendant.
TO: pROTI-IoNOT kR¥
SiR/MADPdVI: defaul~ ]ud~CUt
pte~e enter a itemized as follows:
R Gramley, in the ~ount of $66,167.24, ~hich
against Def~t' I ames 60,241.5
$ 2,172.58
principal Bal~ce $ 11~.60
Int~est through 0W03/01 $ 335.51
es through 07/03/01 $ g00.00
Late ChUg.. _- *~r u~h 7103101 $
E~rOW Denmenc~ ,,.o
Attorney Fees
o Title Se~ch, Foreclosure and
66,16~ .24
Execution Costs
in
diem
acco . . _~o ;~ escrow defici~cY) ~d tot foreclosure
with int~est on the principal sum at the rate of $10.11 per
additional late ch~ges' plus costs (including mcre~ -' -
Sworn t ~d sale of the mortgaged premises.
BY: · . Dutton, E~uire
Nota~ Pub Pa. I.D. ~81953
STATE OF PENNSYLVANIA,
COUI~ OF CUMBERLAND } ss.
Robert V 7-te81er
..................................................... Rceonl~r of
Deeds in and for said Count}, and State do'hen:by ccrtlfy that the Sheriif's Dced in whi~ ................
Washington Mutual Home Loan~ Inc fka pnc Mtg all for Phc Bank N A
.................................................................................... is the
tim nme hvin~ been sold to sa/d grantee on thc .... _6__t_h._. da
March ' ' ................................... y of
2002
........................................ A. D., ..' ..... , under and by virtue of · writ .........
Execuf'lon .....
................................................ issued on the _= llth
September
day of ..... " .... ~ ~. D. 2,°-,o&t of
CIvl 1 ............... '-'- the ~ourt of Comman Pleas of said County'as of
.......................................................... T 2001
Number 3086 PNC Bank N-~ ...................... cnn,: ......
.............. ~ at the suit of ...............................................................
.............. James f~ Gramlev
...................... agasnst ...................... ~-= ............................ is
duly recorded in Sheriff's Deed Book No. 250 4901
............ , Page .............
IN TESTIMONY WHEREOF, I have het%'unto
set my hand and seal of said office this ~=.~=.=... day
. ....
.....
PNC Bank, N.A. In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
James R. Gramley Writ No. 2001-3086 Civil Tyrol
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: James R.
Gramley, but was unable to locate him in his bailiwick.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law,
states that on September 25, 2001 he was at the property of James R. Gramley, located at
748 Erford Road, Camp Hill, Pennsylvania. Deputy Gossert spoke to a neighbor that
advised him defendant is not residing at within address, but that defendant is residing at
an unknown address in New York. A check with the Camp Hill Post Office revealed the
Post Office is holding defendant's mail, and that it has not been received by defendant.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law,
states that on September 28, 2001 at 5:50 P.M., E.D.S.T., he posted a true copy of the
within Real Estate Writ, Notice, Poster and Description, in the above entitled action,
upon the property of James R. Gramley, located at 748 Erford Road, Camp Hill,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County,
Pennsylvania on March 6, 2002 at 10:00 O'clock A.M., EST. He sold the same for the
sum of $1.00 to Attorney Kristine Faust for Washington Mutual Home Loans, Inc. f/k/a
PNC Mortgage, attorney in fact for PNC Bank, N.A. It being the highest bid and best
price received for the same, Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage,
attorney in fact for PNC Bank, N.A. of 9451 Corbin Avenue, Northridge, CA 91324,
being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $769.47, it
being costs.
Sheriff's Costs:
Docketing $30.00
Poundage 15.09
Advertising 15.00
Posting Handbills 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 9.75
Certified Mail 1.40
Levy 15.00
Surcharge 20.00
Postpone Sale 20.00
Law Journal 293.30
Patriot News 216.27
Share of Bills 25.66
Distribution of Proceeds 25.00
Sheriff's Deed 26.50
$769.4/7
This ¥ ~ day of~ R. Thomas Kline, Slxeriff
'P/othonotary ~teal Estate Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.,
Plaintiff, NO.: 2001-03086 Civil Term
JAMES R. GRAMLEY,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
PNC Bank. N.A., Plaintiffin the above action, sets forth as of the date the Praecipe for the
Writ of Execution was filed the following information was of record concerning the real property
of James R. Gramley located at 748 Erford Road. Caren Hill, Pennsylvanla~ 17011 and is more fully
described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN
AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP
OF EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD,
CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL
#09-16-1050-200
1. The name and address of the owner or reputed owner:
James R. Gramley 748 Erford Road
Camp Hill, PA 17011
2. The name and address of the defendant in the judgment:
James R. Gramley 748 Erford Road
Camp Hill, PA 17011
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
PNC Bank, N.A. PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
PNC Bank, N.A. PLAINTIFF
American General Finance, Inc. 3120 Parkview Lane, Suite 101
Harrisburg, PA
5. The name and address o£every other person who has any record lien on the property:
Cumberland County Domestic Relations P.O. Box 320
Carlisle, PA 17013
PA Dept. Of' Revenue Bureau of Individual Taxes
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 1712S-0601
The name and address of every othe~ person who has any record interest in the property and
; interest may be affected by the sale:
'NE
· t address of every other person whom the plaintiff has knowledge who has any
,'fy which may be affected by the sale:
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
GRENEN & BIRSIC, P.C.
By: c/.~. '"0 ,'~~~
Krist~fie M. l~aust, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this ~3)~qday of~2001.
Notary Public
I No,anal Seal
Palricia A. Townsend. No~ery Public
Pittsburgh. Alleghan¢ Count' ,
My Commission Expires June 2. 2003
.......... MemBer, Pennsylvania AsSOCla~lOll o[ N0~I~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.,
Plaintiff, NO.: 2001-03086 Civil Term
VS.
JAMES R. GRAMLEY,
Defendant.
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Kristine M. Faust, auomey for the Plaintiff, who being duly
sworn according to law deposes and says that the owner of the propel'ty located at 748 Erford Road,
Camp Hill, Pennsylvania, 17011, is Defendant, James R. Gramley, who resides at 748 Erford Road,
Camp Hill, Pennsylvania, 17011, to the best of her information, knowledge and belief.
SWORN TO AND SUBSCRIBED BEFORE
rms DAY OF 200 .
\
Notary Public
Notarial Seal
Patficie A. Townsend, Notary Public
pittsburgh. AIleg[heny Coun~
My Commission Expires Juno 2. 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.,
Plaintiff, NO.: 2001-03086 Civil Term
VS.
JAMES R. GRAMLEY,
Defendant.
AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ.
AND ACT 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the. undersigned authority, a Notary Public in and for me said County and
Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly
sworn according to law deposes and says that on March 12, 2001, Defendant was mailed Notices
of Homeowner's Emergency Mortgage Assistance Act of 1983, and Act 6 Notices of Intention to
Foreclose by certified mail, return receipt requested, and first class U.S. Mail.
SWORN TO AND SUBSCRIBED BEFORE
Notary Public
Notarial Seal [
Patricis A. Townsend. Notary Public !
Pittsiouroh Allegheny County
My CommisSion Expires June 2. 2003
Meml~er, Pennsylvansa Association ot Notarle,~
THE COX3?-T O~ CoMMO~ pLeAS O~
CI¥1L
ilO' 2001-03056 civil Term
pllC BAllY-, lq.A., ..
plaintiff,
lAMES g. ORAMLE¥,
Defendant.
lAMES R. ORAMLEN
TO: E~O~ gO~
CAMP HILL, PA 1~011 c Writ of Execution issu~ out of ~e Cou~ of
of ~e ahoy and to the Shefi~*~'umkfl~d Co~,
b wi~ue -
~ AKE NO~CE that ? ~__ntv p~sylv~xa,
CommO~ Pl~''~as of Cumb~rl~a co~,,
' thg~ ~ill ~ Cx~~d m public Sale in
filtered, cUMBE~AN~ COUN~ coURTHOUSE
.... cOMMissIONERs, ~A~NG ROOM,
" ' ONE COURTHOUSE
cA. iSLE, PA 1~013
· '-qmt~ o~hJmesR. G~l~
on Decembg 5,2001, at 10:00 A .M.. the following descfi~a rem
is the o~ng or r~ut~d o~g: OF IAMD~MLEY OF,
ALL ~E ~OHT, ~E, 1~ST A~D CLAIM
AND TO THE FOLLOW~G DEsc~BED pROPER~
_ ~o~.Sl~ ~ ~E TO.SHIP
. .,~ ~,pE~SYLwAAV~GE~CTED
ALL T~E FOLLO~G DEsc~BED
OF EAST pEN~,'~' A~D NuMBE~D ' E~O~ ROAD,
~E~O~ A DWELL~O BEING KNO~
CAMP HILL, pE~SYL~A~IA' 1~011. DB~ 136, PAGE 1138, A~EL
~09-16-1050-200.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
PNC BANK, N.A.,
Plaintiff,
VS.
JAMES R. GRAMLEY,
Defendant.
at Execution Number 2001-03086 Civil Term in the amount of $67.812.69.
Claims against lhe property must be filed with the Sheriffbefore the above sale date.
Claims to proceeds must be mede with the Office oftbe Sheriffbefore distribution.
Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30)
days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
This paper is a notice oftbe date and time of the sale of your property. It has been issued
because there is a judgment against you. It may muse your property to be held or taken to pay the
judgment. You may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you must act
promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary.
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 Fo~elosure and
Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time.
If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue
of whether the plaintiffhas a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriffhas not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before
twenty (20) days after service or in certain other events. To exercise this right you would have to
file a petition to slxike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other
legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE
IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED
IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Atlomey for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.
Plaintiff. NO.: 2001-03086 Civil Term
VS.
JAMES R. GRAMLEY,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in East Peunsboro Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the westerly line of Erford Road (East) which point is 444.25 feet
north of the northwesterly comer of Erford Road (East) and Dulles Drive (East) and at dividing line
between Lots Nos. 13 and 13X, Block "J", on the hereinafter mentioned Plan of Lots; thence along
said dividing line South 53 degrees 00 minutes West 110 feet to a point; thence along the easterly
line of Lot No. 21, Block "J" on said Plan North 37 degrees 00 minutes West 37.50 feet to a point
at dividing line between Lots Nos. 12 and 13X, Block "J" on said Plan; thence along said dividing
line North 53 degrees 00 minutes East 110 feet to a point on the westerly line of Erford Road (East)
aforesaid; thence along same South 37 degrees 00 minutes East 37.50 feet to a point the place of
BEGINNING.
SUBJECTt0'~II exceptions, restrictions, easements, rights of way, and oil and gas leases as
set forth in prior instruments of records.
BEING the same premises which John H. Greene and Marcia M. Greene, by Deed Dated
March 29, 1996. and recorded in the Office of the Recorder of Deeds of Cumberland County on
April 2, 1996, in Deed Book Volume 136, Page 1138, granted and conveyed unto James R. Gramley,
the Mortgagor herein.
BEING Lot No. 13X, Block "J" in Plan No. 7 Ridley Park, which Plan is recorded in
Cumberland County Plan Book i 5, Page 56.
GRENEN & BIRSIC, P.C.
By:,./~.~.~. ~c-~ ,.c ~.~c---
Kristine M.~Faust, E~uire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Parcel No. 09-16-1050-200
WRIT OF EXECUTI~)N an~l/or A'n'ACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. -__Qi=3Q.I[6_~ CIVIL ~ TE[~
COUNTY OF CUMBERLAND) CIVIL ACTION. LAW
TO THE SHERIFF OF Ctm-a3erland COUNTY:
To salisfy the debt, interest and cosls due [%WC Bank, N.A.
PLAINTIFF(S)
from J~es R. Granley, 748 Brfo~d Road, C~u Hill, PA 17011
DEFENDANT(S)
(1) You are directed to levy upon the properly of the defendant(s) and Io sell See ~egal Descr±pt~on
(2) You are also directed to attach the properly ol the delendant(s) not levied upon in the possession of
GARNISHEE(S) as loliows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any properly of the defendant(s) or otherwise disposing
thereof;
(3) Il Property of the defendant(s) not levied upon an subject to att achment is found in the possession of anyone other
than a named garnishee, you are directed lo notify him/her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $66,167.24 L.L. $. 50
Interest $1 :~45_45 (f,~.~ 7/4/01) Due Prolhy $1.00
Atty's Corem % Other Costs
Ally Paid $109.30
Plaintiff Paid
Date: September 11, 2001 Curtis R. Lc~g
Prothonotary. Civil Division
REQUESTING PARTY:
Name Kristine M. Faust, Esq.
Grenen & s~rszc,
Address: ,-..,~._._ n,.+~.,~,.___._.~_ ,"~,,.,+,=,-__ .
Pittsburgh, PA 15222
Attorney for: Plaintiff
Telephone: 412-281-7650
Supreme Court ID No. 79991
REAL ESTATE SALE No. 26,
On September 12, 2001, the sherifflevied upon the
defenendant's interest in the real property situated in East
Pennsboro Township, Cumberland County, PA, known and
numbered as 748 Erford Road, Camp Hill, and more fully
described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
Date:September 12,2001 By: q~ ~~
Real Estate Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16,1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The
Patriot-News and The Sunday Patriot-News newspapers of general cimulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/Metro editions which appeared on the 23rd and 30th day(s) of October and the
6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said pdnted
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 lyliscellaneous Book "M',
Volume 14, Page 317.
PUBLICATION
~OP¥
RE~ Eal~IE ~ Ne.I U~r, ~nsy~a~a ,~mmt~n M W' NOI'ARY PUBLIC "
W~ItNo,~01.~ My commission expires June 6, 2002
.~... ~ .r" ' CUMBERLAND COUNI~ SHERIFFS OFFICE
~ ~.... CUMBERLAND COUNTY COURTHOUSE
~l~c~,~I CARLISLE, PA. 17013
'~"=s=~l'"~'~c'~-'" Statement of Advertising Costs
,~d,,~,~= To THE PATRIOT-NEWS CO., Dr.
r=r~ ~ (Mt) ,~ i=i,t ;. M4.U M For publishing the notice or publication attached
~.~ ~ ~ ~= =t ~ ~d hereto on the above stated dates $ 214.77
~ ..~ ~ ~ (~t) ~1 a ~ Probating same Notary Fas(s) $ 1.50
~ ~: ~t=r ~ ~a ~ t~=; ~r~ Total $ 216.27
.~-- V~t 1 lO ~t ~o a ~ tf~ct~ ~
PubUaher'a Rac®l~t for Adverflsiag Coat
The Patriot News Co., publisher of The Patriot-News and n ' - , newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being 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 12, 19, 26, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical ofgeneral 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 arc true.
HEAL ESTA'FE ~ALE NO. 26
Writ No. 2001-3086 Civil
PNC ~vs. N.A. R~g~. M~
James tC Gramley
Atlb',: Ywistine M. Faust
CONO ~OP.M DEscPa~no~ SWORN TO AND SUBSCRIBED before me this
nC~.X~tnTCERT~a~tractorpar- 26 dayof OCTOBER. 2001
cel of land situate in East Pennsboro
Township, Cumberland County,
bounded and dc~cribed as follows: .
BEOINNIN(-~ at a point on the
westerly line of Erford Road (East}
which point is 444.25 feet north of
the northwesterly comer of Erfo.nl
~d ~ and Duu~ o,~w (~o
and at dividl~ line I~tv~n Lots
Nos. 13 and 132, Block 'J.' on the
hereinafter m~ntloned Plan of Lots;
thence alon~ said dlvldin~ line ~outh
53 degreas 00 minutes West 110
feet to a point; thence a]on~ the east-
erly line of Lot No. 21. Block 'J' on
said Plan North ~7 de,teas 00 min-
utes West ~7.§0 feet to a point at
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
ISSUE NUMBER:
vs.
JAMES R. GRAMLEY, TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2(c)
Defendant. AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
CODE -
FILED ON BEHALF
OF PLAINTIFF: PNC
Bank, N.A.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
SHERIFF'S SALE DAT~:
March 06, 2002
GRENEN & BIHSIC, P.e.
(Continued from One Gateway Center
DecaYer 05, 2002) Nine West
Pittsburgh, PA 15222
(412} 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
vs.
JAMES R. GRAMLEY,
Defendant.
Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE
DEFE~
Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A., being
duly sworn according to law deposes and makes the following Affidavit
regarding service of Plaintiff's notice of the sale of real property in
this matter on February 18, 2002 as follows:
1. James R. Gramley is the owner of the real property and has not
entered an appearance of record.
2. On November 20, 2001, this court entered an order authorizing
Plaintiff to serve the Defendant by posting the property and mailing by
first class, postage prepaid to the address set forth in the Order, with
service to be valid upon posting and mailing. A true and correct copy
of the Order is marked as Exhibit "A" attached hereto and made a part
hereof.
3. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on November 28,
2001, the undersigned counsel served the Defendant with a true and
correct copy of Plaintiff's notice of the sale of real property by first
class mail, postage prepaid, addressed to James R. Gramley at 748 Erford
Road, Camp Hill, PA 17011. A true and correct copy of U.S. Service
Postal Service Form 3817 evidencing service by first class mail, postage
prepaid on the identified Defendants, is marked Exhibit "B", attached
hereto and made a part hereof.
4. On or about December 6, 2001, the Sheriff of Cumberland County
posted the property located at 748 Erford Road, Camp Hill, PA 17011.
A true and correct copy of the Affidavit of Posting from the Sheriff of
Cumberland County is marked Exhibit "C", attached hereto and made a part
hereof.
I verify that the facts contained in this Affidavit are true and
correct based upon my personal knowledge, information, and belief.
GRENEN & BIRSIC~ P.C..
Kristine M. Faust, Esquire
Attorneys for Plaintiff
Nine West, One Gateway Center
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
· OF' 20°?.
I
Nota~al S~I
J J~nne M Wehne~ Nota~ PuNic
J .~i~ of Pfltsbu~h, AII~ Coun~
[ My ~omm~l~ e~iree June 19,
Mem~ ~nn .sylvanm Assocmfi~ Notane~
NOV 1 6 ZOOt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
vs.
JAMES R. GRAMLEY,
Defendant.
ORDER OF CO T
AND NOW, to wit, this ~ day of ~L~6~-- ,2001, upon
consideration of the within Notice of Sheriff's Sale Pursuant to Special
Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the
Sheriff of Cumberland County is hereby allowed to serve Defendant, James
R. Gramley, with a true and correct copy of Plaintiff's Notice of
Sheriff's Sale by posting the property at 748 Erford Road, Camp Hill, PA
17011, and Plaintiff is permitted to serve the Defendant, by mailing a
true and correct copy of the Notice of Sheriff's Sale by first class
mail, postage pre-paid addressed to James R. ~ramley at 748 Erford Road,
Camp Hill, PA 17011. Service on the Defendant shall be deemed complete
and valid upon posting by the Sheriff of Cumberland County and mailing
by the Plaintiff.
BY THE COURT:
EXHIBIT
PS Form 3817, Mar. 1989
EXHIBIT "C"
CA~E NO: 2001-03086
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
GRAMLEY JAMES R
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GRAMLEY JAMES R the
DEFENDANT , at 1910:00 HOURS, on the 6th day of December , 2001
at 748 ERFORD ROD/D
CAMP HILL, PA 17011 by handing to
POSTED PROPERTY AT 748 ERFORD ROAD CAMP HILL
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Service 9.75
Posting 6.00
Surcharge 10.00 R. Thomas Kline
.00
43.75 12/10/2001
GRENEN & BIRS~C
Sworn and Subscribed to before By:
me this day of -~' 'Deput~ ~heriff
A.D.
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.:2001-03086 Civil Term
ISSUE NUMBER:
vs.
JAMES R. GRAMLEY,
TYPE OF PLEADING:
Defendant.
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT
OF SERVICE
CODE -
FILED ON BEHALF
OF PLAINTIFF: PNC
Bank, N.A.
T)> ~ ..~
COUNSEL OF RECORD tJ: ..
FOR THIS PARTY:
Kristine M. Faust, Esquir~
Pa. I.D. ~ 77991
SHERIFF' S SALE DATE.'
March 06, 2002 GRENEN & BIRSIC, P.C.
One Gateway Center, Nine West
(Continued from Pittsburgh, PA 15222
December 05, 2001) (412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.:2001-03086 Civil Term
JAMES R. GRAMLEY,
Defendant.
Pa. R.C.P. RULE 3129.2(c)(2)
LIEN~T.DER AFFIDAVIT OF SERVICE
I, Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A., As
Authorized Servicing Agent, being duly sworn according to law, deposes
and makes the following Affidavit regarding service of the notice of the
sale of real property on all persons named in Paragraphs 3 through 7 of
Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows:
1. By letters dated September 5, 2001, undersigned counsel
served all persons (other than the Plaintiff) named in Paragraphs 3
through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with a notice
of the sale of real property by ordinary mail at the respective addresses
set forth in the Affidavit Pursuant to Rule 3129.1. A true and correct
copy of said Affidavit Pursuant to Rule 3129.1 and Certificates of
Mailing and any letters, if returned as of this date, are marked Exhibit
"A", attached hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and
correct based upon my personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
~/, //b ~'~ BY: .
Kristine M. ~a~ust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
. this / ?~ da f ' , 2002.
! Joan.e M Wehner, Notmy Pu~ic ~
~, Pen~ ~=1~ ~ ~,-~
EXHIBIT
~THE COLOR'[ O~ coMMO1q pLEAS O~ Cl~MBEF, LAIqD COlYt4~f~f' cW~L
p14C BAlqK, Iq.A., ~qO .: 2001-030B6 Ci~l Term
pla'm6ff,
VS.
lAMES R. 6RA~/'
Defendant. I .1
coMMO1qWEALTH O¥ PE~SYLV~IA SS:
nfiff in ~e above ac6on, se~ fo~ as of ~he dale &e p~aeci~ for the
- cution was file - ~_C~
Of ~locate~ ~ ~
de~ ~ fottows: CLAIM O~ 3AMES R. G~MLE~
-" ~O DEsc~BED P~ ~ ~ ~ETO~S~P
ALL T~E~OLLUW
OF EAS~ p~SBORO, cuMBE~AND COU~ ~ ~' 74~
THE~ON A D~LL~o BE~6 ~O~ AND NoMBE~D AS
cAMP MILL, PE~SyLVANIA' 19011. DBV 136, pAGE 113~, AND pARCEL
~09-16-1050-200
~e name ~d address of the o~ ~ reputed o~: ~4~ Edord Road
1. C~P Mill, PA 1~011
l~es R. 6r~le~
address of the def~d~t
2. ~c name and 34S Eff~d Ro~
C~P Hill, PA 1~011
l~es R. G
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
PNC Bank, N.A. PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
PNC Bank, N.A. PLAINTIFF
American General Finance, Inc. 3120 Parkview Lane, Suite 101
Harrisburg, PA
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue Bureau of Individual Taxes
Inheritance Tax Division
..... Dept. 280601
Harrisburg, PA 17128-0601
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
NONE
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
NONE
I verify that thc statements made in the Affidavit are tree and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
GRENEN & BIRS1C, P.C.
By:
r~nstme M. Fau , sq '
Attorney for Plaintiff
SWORN to and subscribed before
me this ., O_ day of 2oo .
Notary Public
Notanel Seal
Palrici~ A. ToWll~end. N~tary Pu~ic
P~bu~h. AIl~heny Coun~
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in
....or.me~ qo~age and
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT I~' ~k. Inquire of
FROVIDE FOR INSURANCE-POSTMASTER /~. P~tm~s~.for curmn!
Received From: Ii fee? .'.1,
Grcnen & C~r-'..I:, P.C.
,,,,,.~?.~ PA 15222
. _:.~._. .... (~(-~
- P.-. o, ord,..,, m...dd,..d,o: ~ /~
PS Form 3817, Mar. 1989
~CE ERTIF ATE OF MAILING I Afix~eeharelnatMnp°
MAY BE USED FOR DOMESTIC AND INTERNATIONAL~'~ o.~r_.~et f r. ~p$~t ,g~: and.
~-- ~o~o~er f~u~nt
~enen & ~lr.~c, EC. ~:~ .:, .
Pittsburgh,. 15222 ~.(dl~
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in mmp~
,/or 'n~t~ pair,ge and
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT pOB~ me~ Inquire of
P?OVIDE FOR INSURANCE-POSTMASTER .~ Pol4~malter'dor gurreist
· ~'rcnen & C-~rs~c, P,C. '-~ L"~
/~ P, nf.,, ....,. ...... ~_~q._~' · .'-./
~.~'.
· -.,,-,,,ur,,. ~A ~.,:(~( ~ ~,~..
j.~ C~. ~.~.,~_One p~ece al ordinary me' tires,ed tO:%~I~P'~,~'~"/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No. :2001-03086 Civil Term
ISSUE NUMBER:
vs.
JAMES R. GRAMLEY,
TYPE OF PLEADING:
Defendant.
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT
OF SERVICE
CODE -
FILED ON BEHALF
OF PLAINTIFF: PNC
Bank, N.A.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Faust, Esquire-
Pa. I.D. # 77991
SHERIFF' S SALE DATE:
March 06, 2002 GRENEN & BIRSIC, P.C.
One Gateway Center, Nine West
(Continued fro~ Pittsburgh, PA 15222
Dece~er 05, 2001) (412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.:2001-03086 Civil Term
vs.
JAMES R. GRAMLEY,
Defendant.
Pa. R.C.P. RULE 3129.2(c) (2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A., As
Authorized Servicing Agent, being duly sworn according to law, deposes
and makes the following Affidavit regarding service of the notice of the
sale of real property on all persons named in Paragraphs 3 through 7 of
Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows:
1. By letters dated September 5, 2001, undersigned counsel
served all persons (other than the Plaintiff) named in Paragraphs 3
through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with a notice
of the sale of real property by ordinary mail at the respective addresses
set forth in the Affidavit Pursuant to Rule 3129.1. A true and correct
copy of said Affidavit Pursuant to Rule 3129.1 and Certificates of
Mailing and any letters, if returned as of this date, are marked Exhibit
"A", attached hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and
correct based upon my personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
/ Kristine M. Fa~ust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
[ Ci~P~u~,AI~ ~
L My C~ml~ ~ms Ju~ 19, ~1
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.,
Plaintiff, NO.: 2001-03086 Civil Tenn
VS.
JAMES R. GRAIVILEY,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
PNC Bank. N.A., Plaintiffin the above action, sets forth as of the date the Praeeipe for the
Writ of Execution was filed the following information was of record concerning the real propen'y
of Jame~ located at 748 Erford Road. Camp Hill. Pennsylvania. 17011 and is more fully
described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN
AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP
OF EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ER.FORD ROAD,
CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL
#09-16-1050-200
i. The name and address of the owner or reputed owner:
James R. Gramley 748 Erford Road
Camp Hill, PA 17011
2. The name and address of the defendant in the judgment:
James R. Gramley 748 Erfurd Road
Camp Hill, PA 1701 i
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
PNC Bank, N.A. PLAINTIFF
4. The name and address of the last record holde~ of every mortgage of record:
PNC Bank, N.A. PLAINTIFF
American Oenexai Finance, Inc. 3120 Parkview Lane, Suite 101
Harrisburg, PA
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue Bureau of Individual Taxes
Inheritance Tax Division
.... DepL 280601
Harrisburg, PA 17128-0601
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
NONE
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
NONE
] verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I undersland that false statements herein are made
subject to the penalties of l g Pa. C.S.A. §4904 relating 1o unswom falsification to authorities.
GRENEN & BIRSIC, P.C.
By: ' " '"
Krist]ne M. Faust, Esquire
Attorney for Plaintiff
SWORN lo and subscribed before
me this day of 2oo .
Not~ry Public
INolanal Seal
Petficia A. Townsend. Notary Public
Pittsburgh, Allegheny County
My Commission Expires Jun; 2. 200~t
. . Memlaer, Pennsyhmnia As~0ciat~l ol Notade~
~LSERVICE CERTIFICATE OF MAILINn '1 Affix fee h~re in atimp.
I .M.A~Y,,.B~.U.~_E_D..F.O_R DOMES.C AND INTERNATIONAL MAIL DOES ~I'~T /~.,.~r '~.~. r po~ and
Grcnen & C,r~b, P.u. (~ ..::.;
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING I Affix fee here in it~mps
MAY BE USED FOR DOMEST C AND NTERNATIONAL MA L DOES N~T I o~'.m~t,li'~.~p~ltlg~ .ind
PROVIDE FOR INSURANCE--POSTMASTER ........ I ,Jealt mark:'?lt~qulr~ of
~~Po~m~er
-...~.~nv C.,~ HI.. W. sl /~~ -...:,.'. ·
R.tsburgh, PA ~52 ~f
~ Fo~ 3817, Mnr. 1989
U~CE ER IFI ATE OF MAILING I Afflxfeehembl~tlmp..
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT or ~r~l~po~tl~g~ ina.
PR~TIR ............... ~.~. pP~oMm.iel~, rll~.l~r.~r:cnq~urreren°:
Tr, u Oiv. :t
~ FO~ ~17, M~1989 ~M~
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03086 P Amended
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
GRAMLEY JAMES R
S~AWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn accordinH to law,
says, the within REAL ESTATE WRIT was served upon
GRAMLEY JAMES R the
DEFENDANT , at 1910:00 HOURS, on the 6th day of December , 2001
at 748 ERFORD ROkD
CAMP HILL, PA 17011 by handing to
PROPERTY WAS POSTED PURSUANT TO COURT ORDER
a true and attested copy of REAL ESTATE WRIT together with
NOTICE OF SHERIFF'S SALE
and at the same time directing His attention to the contents thereof.
Amended
Sheriff's Costs: So Answers
Service 9.75
PostinH 6.00
SurcharHe 10.00 R. Thomas Kline
.00
43.75 12/10/2001
GRENEN & BIRSIC
Sworn and Subscribed to before By:
me this /~ ~ day of
~ ~ A.D.
~ ; Prothonotary'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
ISSUE NUMBER:
vs.
JAMES R. GRAMLEY, TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2(c)
Defendant. AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
CODE -
FILED ON BEHALF
OF PLAINTIFF: PNC
Bank, N.A.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
· B~RXFF'S SALR DA~:
06, 2002
GRENEN & BIRSIC, P.C.
(Cont~nuod from One Gateway Center
Doc~r 05, 2002) Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK,
N.A.,
NO.: 2001-03086 civil Term
Plaintiff,
vs.
JAMES R. GBAMLEY,
Defendant-
~9.2 c AFFIDAVIT F S RvICE
Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A., being
duly sworn according to law deposes and makes the following Affidavit
regarding service of Plaintiff's notice of the sale of real property in
this matter on February 18, 2002 as follows:
1. James R. Gramley is the owner of the real property and has not
entered an appearance of record.
2. On November 20, 2001, this court entered an order authorizing
Plaintiff to serve the Defendant by posting the property and mailing by
first class, postage prepaid to the address set forth in the Order, with
service to be valid upon posting and mailing. A true and correct copy
of the Order is marked as Exhibit "A" attached hereto and made a part
hereof.
3. Pursuant to the order and Pa R.C.P. 3129.2 (C) on November 28,
2001, the undersigned counsel served the Defendant with a true and
correct copy of Plaintiff's notice of the sale of real property by first
class mail, postage prepaid, addressed to James R. Gramley at 748 Erford
Road, Camp Hill, PA 17011. A true and correct copy of U.S. Service
Postal Service Form 3817 evidencing service by first class mail, postage
prepaid on the identified Defendants, is marked Exhibit "B", attached
hereto and made a part hereof.
4. On or about December 6, 2001, the Sheriff of Cummberland County
posted the property located at 748 Erford Road, Camp Hill, PA 17011.
A true and correct copy of the Affidavit of Posting from the Sheriff of
Cumberland County is marked Exhibit "C", attached hereto and made a part
hereof.
I verify that the facts contained in this Affidavit are true and
correct based upon my personal knowledge, information, and belief.
G~EN & BIRSIC, .P/~C.
Krf~tine./~. Fatfst, Esquire
Attorneys for Plaintiff
Nine West, One Gateway Center
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
EXHIBIT "A~
NOV '1 6 7001 UC''''
IN THE COU~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.: 2001-03086 Civil Term
VS.
JAMES R. G~AMLEY,
Defendant.
ORDER OF COURT
AND NOW, to wit, this ~U~ day of ~ ,2001, upon
consideration of the within Notice of Sheriff's Sale Pursuant to Special
Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the
Sheriff of Cumberland County is hereby allowed to serve Defendant, James
R. Gramley, with a true and correct copy of Plaintiff's Notice of
Sheriff's Sale by posting the property at 748 Erford Road, Camp Hill, PA
17011, and Plaintiff is permitted to serve the Defendant, by mailing a
true and correct copy of the Notice of Sheriff's Sale by first class
mail, postage pre-paid addressed to James R. Gramley at 748 Erford Road,
Camp Hill, PA 17011. Service on the Defendant shall be deemed complete
and valid upon posting by the Sheriff of Cumberland County and mailing
by the Plaintiff.
BY THE COURT:
:.. :. . · . -:
EXHIBIT "B"
PS Form 3817. Mar. 1989
EXHIBIT
· CASE NO: 2001'-03086
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
GRAMLEY JAMES R
S~AWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GRAMLEY JAMES R the
DEFENDANT , at 1910:00 HOURS, on the 6th day of December , 2001
at 748 ERFORD ROAD
CAMP HILL, PA 17011 by handing to
POSTED PROPERTY AT 748 ERFORD ROAD CAMP HILL
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Service 9.75
Posting 6.00
Surcharge 10.00 R. Thomas Kline
.00
43.75 12/10/2001
GRENEN & BIRSIC ~ .
Sworn and Subscribed to before By: /~~_~
me this day of ~' ~Deput~ ~heriff
A.D.
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.:2001-03086 Civil Term
ISSUE NUMBER:
VS.
JAMES R. GRAMLEY,
TYPE OF PLEADING:
Defendant.
Pa. R.C.P. RULE 3129.2(c) (2)
LIENHOLDER AFFIDAVIT
OF SERVICE
CODE -
FILED ON BEHALF
OF PLAINTIFF: PNC
Bank, N.A.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Faust, Esquire
Pa. I.D. % 77991
SHERIFF'S gALE DATEs
March 06, 2002 GRENEN & BIRSIC, P.C.
One Gateway Center, Nine West
(Continued from Pittsburgh, PA 15222
Deemher 05, 2001) (412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, CIVIL DIVISION
N.A.,
Plaintiff, No.:2001-03086 Civil Term
vs.
JAMES R. GRAMLEY,
Defendant.
Pa. R.C.P. RULE 3129.2(c) (2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, Kristine M. Faust, Attorney for Plaintiff, PNC Bank, N.A., As
Authorized Servicing Agent, being duly sworn according to law, deposes
and makes the following Affidavit regarding service of the notice of the
sale of real property on all persons named in Paragraphs 3 through 7 of
Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows:
1. By letters dated September 5, 2001, undersigned counsel
served all persons (other than the Plaintiff) named in Paragraphs 3
through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with a notice
of the sale of real property by ordinary mail at the respective addresses
set forth in the Affidavit Pursuant to Rule 3129.1. A true and correct
copy of said Affidavit Pursuant to Rule 3129.1 and Certificates of
Mailing and any letters, if returned as of this date, are marked Exhibit
"A", attached hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and
correct based upon my personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
Kristine M. ~aus~, msquire
Atto~eys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
m. tbi., 20~ day of /~b. l o L .2oo2.
...~ i . J
, '".. cJ~.~. / ~1~'.~'~,~
Notary P~li~ 0
r.,- tanal seeJ J
, Allegh
.', Expirc
oj!l~Ja/kq~4, ~ ·
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~V~A
CIVIL DIVISION
PNC BANK, N.A.,
Plainliff, NO.: 2001-03086 Civil Term
VS.
JAMES R. GRAMLEY,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
PNC Bank N.A., Plaintiffin the above action, sets forth as of the date the Praecipe for the
Writ of Execution was filed the following information was of record concerning the real property
of~ located at 748 Erford Road. Caren Hill. Pennsylvania. 17011 and is more fully
described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES R. GRAMLEY OF, IN
AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP
OF EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING BEING KNOWN AND NUMBERED AS 748 ERFORD ROAD,
CAMP HILL, PENNSYLVANIA, 17011. DBV 136, PAGE 1138, AND PARCEL
#09- i 6-1050-200
1. The name and address of the owner or reputed owner:
~ames R. Gramley 748 F. fiord Road
Camp Hill, PA 17011
2. The name and address of the defendant in the judgment:
~ames R. Gramley 748 Erford Road
Camp Hill, PA 1701 i
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
PNC Bank, N.A. PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
PNC Bank, N.A. PLAINTIFF
American General Finance, Inc. 3120 Parkview Lane, Suite 101
Harrisburg, PA
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue Bureau of Individual Taxes
Inheritance Tax Division
............. Dept. 280601
Harrisburg, PA 17128-0601
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
NONE
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
NONE
I verify that the statements made in the Affidavit are tree and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
GRENEN & BIRSIC, P.C.
By:~
Atlomey for Plaintiff
SWORN to and subscribed before
me this _~O~'3day of.._,~t~2001.
Not~ Public
INo~adal Sea~
Pst~ cia A.'rownsend. Nolary Public
Pittsburgh. Allegheny Courffv
......... Member, Penn~ylverda ASSOc.~lion ol Notaries.
U.S. POSTAL SERVICE CERTIFICATE OF MAILING / AffixflehemMit.mpl
PNOVIDE FOR INSURANCE--POSTMASTER ~l °~ tod current
Grcnen & C]r;ic, P.C. ~ .-';.
J
PS Form 3817, M.r, 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING ] Amx~e~erem,t.mm
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT o.r,,met?r,~ ..
Ret.ivied F · . ~' ,';:. ~
_/,t;[
~ ~ ,~ J..
U.S. POSTAL SERVICE CERTIFICATE OF MAILING A~m~mm~
MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DO~ NOT ~ ~ I~ulm ol
~IDE FOR INSURANCE--POSTMASTER . PO~llJbr~or Cu~
""~" ~nen~? & ~lrslc, RC. . ~'"" :'"":~7