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HomeMy WebLinkAbout01-4942IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, ISSUE NO.: v. CODE: JAMES A. GROSS, SR. and KIMBERLY I. GROSS, TYPE OF PLEADING: Defendants TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & REIS CO,., L.P.A. ATTORNEYS FO~, PLAI'~TI'FF -- I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 231 East Avenue, Albion, NY 14411 AND THE DEFENDANT ARE: 592 Butshall Road Boiling Springs, PA 17007 WELTMAN, WE~BERG & REIS CO., L.P.A. ATTORNEYS FOR PLAINTIFF/r~* I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 592 Butshatl Road Boiling Springs, PA 17007 Twp of Monroe COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#02076750 WELTMAN, WEI~BERG & REIS ~:O., L.P.Ar ATTOI~NEYS F~R PLAINT(FF(~'/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, V, JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants NO: NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 0 [- Lt~L~D ~';V'~I V. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, North American Mortgage Company, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is North American Mortgage Company, a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff"). 2. The Defendants are James A. Gross, Sr. and Kimberly I. Gross, adult individuals whose last known address is 592 Gutshall Road, Boiling Springs, PA 17007. 3. On or about August 14, 1998, the Defendants executed a Note in the original principal amount of $94,500.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about August 14, 1998, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $94,500.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 19, 1998 in Mortgage Book Volume 1476, Page 502. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. premises. 6. Mortgage. The Defendants are the current record and real owners of the aforesaid mortgaged The Defendants are in default under the terms of the aforesaid Note and 7. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 8. On or about June 20, 2000, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et The amount due and owing Plaintiff by Defendants is as follows: Principal $ 92,460.16 interest thru 8/15/01 $ 4,456.45 Late Charge thru 8/15/01 $ 272.16 Escrow thru 8/15/01 $ 407.94 Inspections/Fees thru 8/15/01 $ 60.00 Execution Costs thru 8/15/01 $ 0.00 Attorneys' Fees thru 8/15/01 $ 800.00 Other Charges thru 8/15/01 $ 50.00 TOTAL $ 98,506.71 seq. 10. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $98,606.71, with interest thereon at the rate of $19.63 per diem from August 15, 2001, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FORTHATPURPOSE. WELTMAN, WEINBER~/& REIS QO., L.P.A. Kimberly J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 LCNT ,Gl0 NOTE ~' AUGUST 14, 1998 [Date] 592 ~ ROAD, BOLLING SPRINGS, PA 17007 [ Property Address] 5359038-863 CAMP HILL PENNSYLVANIA (City'] [State] I. BORROWER'S PROMISE TO PAT' In return for a loan that I have received, I promise to pay U.S. $ 'principal'), plus intereGt, to the order of the Lender. The Lender is 94,500. O0 (this amount is called NORTH AMERICAN MORTGAGE COMPANY · [ understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note ! Iolder.' 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. [ will pay interest at a yearly rate of 7. 750 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. [ will make my monthly payments on the 1ST day of each month beginning on OCTOBER 01 1998 . I will make these payments every month until I have paid all of the principal and interest and any t)the'r charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on SEPTEMBER 01 , 2028 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." l will make my monthly payments at 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 or at a different place if required by the Note t lolder. {BI Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 877.01 4. BORROWER'S RIGIIT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tel l the Note ! folder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note t Iolder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CIIARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 18 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B} Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain dhte, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and MULTISTA1E FIXED RATE NfflE-Single Fami~y-FNMAJFHLMC Uniform Instrument ~-8R(91o51.o3 Form 3200 12/83 Amended 5/91 VMP MORTGAGE FORMS * (313)293-8100 * (800)521-729~. 'all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note ltolder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note IIolder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above the Note Holder wil have the right to be paid back by me for all of its costs and expanses n enforcing this Note to the extent not prohibited by applicable law. Those expenses i ncl ude, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mall to me at the Property Address above or at a different addre~ if I give the Note Holder a notice of my di fferent address. Any notice that must be given to the Note Holder under this Note will begiven by ma ng it by first class mail to the Note Holder at the address stated in Section 3(A ) above or at a d fferent address ill am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TIIIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in .this Note, !nctuding the promis.e to pay the full amount owed. Any person who s a guarantor, surety or endorser of this Note ts also obhgated to do these things. Any person who takes over these obligations, including the ob igat ons of a guarantor, surety or endorser of this Note, is also ~)bligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due "Not ce of d shonor" means the right to require the Not:e Holder t:o give not{ce to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note l {older under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument" ), dated the same date as this Note, p. rotectsthe Note Itolder from possible losses whichmight resu t f ldo not keep the promises which [ make in this Note. ['hat Secur ty Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ,,~'~J~MES' A. GROSS SR . -Borrower SSN: 210-52-0483 K IMBERLY I . GROSS -Borrower SSN: 201-46-5106 (Seal) SSN: (Seal) Form 3200 12/83 WhEN RECORDED MAIL TO: NORTH AMERICAN MORTGAGE COMPANY P.O. BOX 808031 PETALUMA. CA g4975-8031 DOC MANAGEMENT AU 054 Parcel Number: 22-31-2173-004 '98 19 tiff 10 07 3O39 GlO [Space Above This Line For Recording Data] MORTGAGE 5359038-863 Tt IIS MORTGA(}E ("Security Instrument") is given on JAMES A. GROSS SR. AND, KIMBERLY I. GROSS AUGUST 14, lg98 · The mortgagor is ("Borrower"). This Security Instrument is given to NORTH AMER I CAN MORTGAGE COMPANY which is organized and existing tinder the laws of DE LAWARE , and whose addressis 3883 AIRWAY DRIVE, SANTA ROSA, CA g5403 ("Lender"). Borrower owes I.ender the principal sum of NINETY FOUR THOUSAND FIVE HUNDRED AND 00/I00 Dollars (U.S. $ 94,500.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 01 , 2028 . This Security Instrument secures to Lender: (at the repayment tff the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (bi the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (ct the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. GUTSHALL which has the address of 592 [~L ROAD, BOIL lNG SPRINGS Pennsylvania 17007 ("Property Address" ); [Zip Code] PENNSYLVANIA-Single Family- FNM~FHLM~ UNIFORM INS~UME~ Form 3039 9~90 ~-6H(PA) t~.~0) ~ended 12/93 VMP MORTGAGE FORMS · (800)521'729~ [Street. City]. 'FO(iETIII']R WI'I'll all the , drovements now or hereafter erected ~. the property, and all easements. appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 'Fl tIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, L'NII:OR,M COVENANTS. Borrower and I.ender covenant and agree as follows: I. I)ayment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and an3' prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to l.ender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "'Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal l Iome l.oan Bank. l.ender shall apply the Funds to pay the Escrow Items. l.ender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless l.ender pays Borrower interest on the Funds and applicable law permits l.ender to make such a charge, floweret, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by l.ender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, l,ender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and l.ender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, I.ender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directIy, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. ~-6H(PA) 0 1476 e u£ .503 Form 3039 9~90 Initials: I~-~ ~' 5. Ilazard or Property Insur,. .e. Borrower shall keep the improvement. ,ow existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage' and any other hazards, incleading floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's fights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrmver abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. '/he 30-day period will begin when the notice is given. Unless l.ender and Borrower o~herwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application: Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, ur unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. llurrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the actiun or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, ~-6H(PA) 194~ 800K:I.4?§PAG£ 504 Form 3039 9~90 at the option of Lender, if mortga~, insurance coverage (in the amount and . the period that Lender requires) provided b3' an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of an3' part of the Property, or for conveyance in lleu of condemnation, are hereby as.signed and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable 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 Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless l,ender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or ~)stpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. II. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the ab ty of the original Borrower or I3orrower's successors in nterest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by I.ender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. Form 3039 9/90 rn~'d~ls: l{~',L.- ~ I~OUlK~.471~PAGE ,.50.5 ~ ~ 16. Borrower's Cop>'. Borrow~ .nail be given one conformed cop}' of the N. J and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at itsoption, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. [f l.cnder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicabIe law may specify for reinstatement) before ssle of the Property pursuant to any power of sale contained in this Security Instrument; or (bi entry of a judgment enforcing this Security Instrument, Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action'as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, t [owcver, this right to reinstate shall not apply in thc case of acceleration under paragraph 17, 19. Sale of Note; Change of Loan Servicer. Thc Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in thc entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Luan Servicer unrelated to a sale of thc Note. If there is a change of the l.oan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. llazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any I lazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Ilazardous Substances that are generally recognized to be appropriate to normal residential uses 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 regulatory agency or private party involving the Property and any llazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Ilazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envlronmental Law. As used in this paragraph 20, "ttazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum prnducts, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise}. Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; {c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument to Borrower. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. ~-6H(PA) m4ml .,506 Form 3039 9/90 23. Waivers. Borrower, to the ~tent permitted by applicable ]aw, waives -,id releases any error or defects in prcceed~ngs'to enforce th~s Security Instrument, and hereby walve~ the benefit of an)' present or future laws providing for s~y of execution, ex'tension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 2.5. Purchase Money Y, lortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)I ~] Adjustable Rate Rider ~ Condominium Rider ~ I-4 Family Rider ]_~ Graduated Payment Rider Planned Unit Development Rider [~ Biweekly Payment Rider Balloon Rider [~ Rate Improvement Rider [~ Second tIome Rider [~ V.A. Rider [] Other(s) [specify/ BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Wi tnesses: A. GROSS SR. Certificate of Residence i, (Seal) K I SS -Borr,wer (Seal) (Seal) , do hereby certify that the correct address of the within-named Mortgagee is Witness my hand this 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 Agent of .Mortgagee °ff!.c,.e.[t.pers°nallyappeared JAMES A. GROSS SR. ,~I~IMBEF~LY I. GROSS County ss: , before me, the undersigned .:tile per,bna; - exe.cuted the.sa/he for the purposes here n contained. ~ /. ' ~ flN '~IT~I~SS WHEREOF, I hereunto set my hand and official s~l.... .... ~ t D ][ ' .' I Ste~anie E. Witmer, Nora. Public I III~~/~A, J Hampden Twp, Cumberland Coun~ [ . ~URED ~ND TRANSFERS ,oo,147s,, t so7 ' f-III known to me (or satisfactori~ p. rov?n) to be whose name~ 0Jrg subscribed to the within instrument and acknowle~ed that - £va..ex~ 9~90 LEGAL DESCRIPTION ALL THAT CERTAIN certain tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set in the western line of Gutshall Road (T-632) at lands now or formerly of Walter Miller; thence along the latter,' South 72 degrees 03 minutes 09 seconds West, a distance of 203.33 feet to an iron pin; thence along the same, North 10 degrees 13 minutes 43 seconds West, a distance of 212.43 feet to an iron pin; thence along lands now or formerly of Richard Miller, North 71 degrees 20 minutes 23 seconds East, a distance of 108.31 feet to a point; thence along lands now or formerly of Dale Cameron, South 01 degree 39 minutes 30 seconds East, a distance of 30.00 feet to an iron pin; thence along the same, North 65 degrees 52 minutes 00 seconds East, a distance of 117.00 feet to an iron pin, said pin being 2,403.50 feet south of the centerline of Leidigh Road; thence along the western line of Gutshall Road, South 06 degrees 00 minutes 00 seconds East, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. HAVING THEREON ERECTED a one-story ranch type dwelling house and other improvements known as 591 Gutshall Road, Boiling Springs, PA 17007. BEING FURTHER DESCRIBED Fetrow prepared by Jarrit J. 18, 1974. in the map showing property of Dale Betz Associates, Inc., dated October BEING THE SAME PREMISES WHICH Michael L. Eppler and Virginia D. Eppler by deed to be recorded simultaneously herewith in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, granted and conveyed unto James A. Gross, Sr. and Kimberly I. Gross. State of P~nnsvlvania 1 , ~; r:~%~' ~ , / Cm]nh' of Cumb~,~and Reco[?d mit}? :~tf~ce for the recording of Deeds , ;~ . - ~ · · . , ¢~ BOoK:L4?6 rAG[, 508 FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are tree and correct to the best of her knowledge, information and belief. Kimberly J. l-long, E:~quire KIMBERLY J. HONG 412.434.6153 Fax 412.434.7959 khong~weltman.com WELTMAN, WEINBERG & REIS Co., Lp.A. ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 412.434.7955 www.weltman.com CLEVELAND 216.6B5.1000 COLUMBUS 614.228,7272 CINCINNATI 513.723.2200 DETROIT 248.362.61oo August 14, 2001 NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: JAMES A. GROSS, SR. and KIMBERL Y L GROSS, Defendant. CUMBERLAND COUNTY SHERIFF DEPT. PLEASE SERVE DEFENDANT, JAMES A. GROSS, WITH THE COMPLAINT IN MORTGAGE FORECLOSURE AT 592 BUTSHALL RD., BOILING SPRINGS, PA 17007. Very Truly Yours, Kasey L. Stack , ~ SHERIFF' S RETURN - REGULAR CASE NO: 2001-04942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH AMERICAN MORTGAGE CO VS GROSS JAMES ASR ET AL JASON VIOP, AL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GROSS JAMES ASR the DEFENDANT , at 0955:00 HOURS, on the 28t~ day of August at 592 GUTSHALL RD ,2001 BOILING SPRINGS, PA 17007 KIMBERLY GROSS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sworn and Subscribed to before me this 73 - day of ~~ 2~[ A.D. ' ~rothonotary So Answers: R. Thomas Kline 08/29/2001 WELTMAN WEINBERG & REIS ty 'Sheri f f SHERIFF'S RETURN - REGULAR CASE NO: 2001-04942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH AMERICAN MORTGAGE CO VS GROSS JAMES ASR ET AL JASON VIOP~AL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GROSS KIMBERLY I the DEFENDANT , at at 592 GUTSHALL RD 0955:00 HOURS, on the 28th day of August , 2001 BOILING SPRINGS, PA 17007 KIMBERLY GROSS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3~ day of /_ ~l~u~ A.D. t Prothonotary So Answers: R. Thomas Kline 08/29/2001 WELTMAN WEINBERG & REIS uty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff VS. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants No. 01-4942 PRAECIPE FOR DEFAULT JUDGMENT I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: cio Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 AND THE DEFENDANT IS: 592 Gutshall Road Boiling Springs, PA 17007 WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS FOR'~LAINTIFF Kimberly J. Hong PA I.D. NO. 74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02076750 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff No. 01-4942 VS. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, James A. Gross, Sr. and Kimberly L Gross, above named, in the default of an Answer, in the amount of $101,953.31 computed as follows: Principal Interest thru 1/5/02 at the legal interest rate of $19.63 per diem Late Charges through 1/5/02 Escrow thru 1/5/02 Suspense Balance thru 1/5/02 Total Fees thru 1/5/02 NSF Charges thru 1/5/02 Other Fees Due thru 1/5/02 Execution Costs thru 1/5/02 Attorneys feesthru 1/5/02 Title Search $ 92,460.16 7,208.56 407.56 673.03 (60.00) 14.00 280.00 120.00 0.00 800.00 50.00 TOTAL $101,953.31 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned fudher states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff VS. JAMES a. GROSS, SR. and KIMBERLY I GROSS, Defendants Civil Action No. 01-4942 IMPORTANT NOTICE TO: Jhmes A. Gross, Sr. 592 Gutshall Road Boiling Springs, PA 17007 Date of Notice: September 19, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THiS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 WELTMAN, WEINBERG & REIS CO., L.P.A. ~iY~berly j,' Hong ,.' L~"/~~ Weltman, Weinberg & Reis co. L.P.A. 2601 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. iN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff VS. JAMES A. GROSS, SR. and KIMBERLY I GROSS, ... Defendants Civil Action No. 01-4942 IMPORTANT NOTICE TO: Kimberiy I. Gross 592 Gutshall Road Bolling Springs, PA 17007 Date of Notice: September 19, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 170'13 800-990-9108 WELTMAN, WEINBERG & REIS CO., L.P.A. Kimberly J. Hong ~ '~" Weltman, Weinberg & Reis co. L.P.A. 2601 Koppers Building 436 7~h Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 VS. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: Kimbedy J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WVVR #-02076750 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 VS. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on each of the following Lienholders by Certificate of Mail on September 30, 2002. True and correct copies of said certificates of mail are attached hereto as Exhibit "A". Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania15219 Sworn to, and subscribed_before/me ~ This...-.~_~ day of~ (' ¢)(r.):~/'.),¢/)~.~'~ , 2002. Nofa~7 P'~6iic'7" / ~ - ~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER · ,,,,,o. PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING U.S. POSTAL SERVICE CERTIFICATE OF MAILING PS Form 3817, January 2001 EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 VS, JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants TYPE OF PLEADING: DEFENDANT AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WVVR #02076750 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 VS. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on the Defendants, James A. Gross, Sr., and Kimberly I. Gross. 1. On or about September 9, 2002, Plaintiff mailed Defendants, a copy of the Notice of Sheriff's Sale, by certified mail, return receipt requested, to 592 Gutshall Road, Boiling Springs, PA 17007. 2. On or about September 6, 2002, Plaintiff received the signed certified mail receipt indicating that a copy of the Notice had been served on the Defendants. A true and correctcopy... of said signed certified mail receipt is marked Exhibit "A". .- .... My ~:~.~ Expires Juty 15 2006 Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Sworn to and subscribedbefo~e me N'ofa ry Publ~ ,2002. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliver,/is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2., 7002 0P, 60 [] Agent [] Addressee Date of Deliver~ D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type '~ Certified Mail [] Express Mail [] Registered D Return Receipt for Merchandis~ [] Insured Mail [] C.O.D. 4. Restricted Deliver,/? (Extra Fee) [] Yes 0008 6633 0427 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M* I.; i-I i-i ILl r,- · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Date of Deliver~ , address different from item 17 [] Yes If YES, enter delivery address below: [] No Mail [] Express Mail stered [] Return Receipt for Merchandi[ [] Insured Mail [] C.O.D. 4. Restricted Deliver'J? (Extra Fee) [] Yes 2.' .... 7002 0860 0008 6633 0410 PS Form 3811, August 2001 Domestic Return Receipt Postage Certified Fee Return Receipt Fee ~Endomement Required) Restr~ed Del~erl Fee (Eedorsemeat Required) Total Poe~age & Feee NOS Postage Certified Fee Return Receipt Fee (Endomernent Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees F \FILES~DATAFILE\Gendoc cur\10282-pct. 3/cny Created: H/14/02 08:09:16 AM Revised 113[4/02 10~21~H AM [0282.1 NORTH AMERICAN MORTGAGE COMPANY, Plaintiff V. JAMES A. GROSS, SR. and KIMBERLY I. GROSS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4942 CIVIL ACTION-LAW PETITION TO SPECIALLY ADVERTISE A REAL ESTATE SALE AND NOW, comes the Sheriff of Cumberland County, by and through his solicitor, Edward L. Schorpp, Esquire, who avers as follows: 1. Your Petitioner is R. Thomas Kline, the duly elected Sheriff of Cumberland County. 2. As part of his duties, the Sheriff is required to expose real property, levied under execution by judgment/mortgage creditors, for public sale under the applicable Pennsylvania Rules of Civil Procedure. 3. In addition to other notice procedures, Pa. R.C.P. No. 3129.2(d) requires the Sheriff to publish notice of each real estate sale once a week for three successive weeks in a newspaper of general circulation in the County and in the Cumberland County Law Journal, the first publication to be made not less than twenty-one (21) days before the date of sale. The next regularly scheduled Sheriff Sale is set for Wednesday, December 4, 2002, at 10:00 a.m. 5. Pursuant to Pa. R.C.P. No. 3129.2(d), the Sherifftimely provided to the Patriot-News, a newspaper of general circulation in Cumberland County, sale bill notices of all real estate to be advertised for sale at the December 4, 2002 Sheriff Sale. 6. All of the parcels of real estate scheduled for sale, were advertised in the October 22 and October 29, 2002, editions of the Patriot-News. 7. Due to inadvertence, and without any direction from the Office of the Sheriff, the Patriot-News did exclude from its edition of November 5, 2002, notices of three real estate sales, to wit, Real Estate Sale #24 (writ no. 01-4942), Real Estate Sale #25 (writ no. 01-6609), and Real Estate Sale #26 (writ no. 02-3548). 8. The real property levied upon under the within writ is one of the properties for which the third notice of sale was not published, to wit, Sheriff Sale Number 24. 9. The Office of the Sheriff was not informed of the publisher's error in time to properly cause the re-advertising of the three properties prior to the sale date; the first of the successive notices could not be published at least twenty-one days prior to the sale. 10. A postponement or other delay in exposing the parcels of real estate for sale would prejudice the Plaintiffs in Sheriff Sale Numbers 24, 25 & 26. 11. The failure to strictly comply with the sale notice procedures set forth in the Pennsylvania Rules of Civil Procedure was not caused by any of the parties to this action, nor by the Office of the Sheriff. WHEREFORE, R. Thomas Kline, Sheriff of Cumberland County, respectfully prays your Honorable Court to enter an Order directing the special advertisement of the real property, levied upon under the above writ, one additional time in the Patriot-News prior to the scheduled sale date of December 4, 2002, and to allow the Sheriff Sale to proceed accordingly. Date: MARTSON DEARDORFF WILLIAMS & OTTO I. D. Number 17495 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Solicitor for Sheriff of Cumberland County VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. R. ~liomas Kline, S'fieriff Dated: ~1 [Iq/o2~ CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Specially Advertise A Real Estate Sale was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kimberly J. Hong, Esquire 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: NORTH AMERICAN MORTGAGE, Plaintiff Vo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4942 : CIVIL ACTION-LAW JAMES A. GROSS, SR. and KIMBERLY : I. GROSS, : Defendants : ORDER ANDNOW, this /'/' dayof ~l/t~~r' .,2002, the SheriffofCumberland County is hereby ordered to cause one additional publication of notice of the within real estate sale in the Patriot-News., which publication shall precede the SheriffSale scheduled for Wednesday, December 4, 2002. The Sheriffis further ordered to serve a certified copy of this Order and the within Petition upon the Defendants in the same manner as the original Writ of Execution was served, and serve copies of this Order and the within Petition by regular mail upon counsel for Plaintiff and upon all persons identified in Plaintiff' s Affidavit under Pa. R.C.P. No. 3129.1. Upon compliance with the foregoing, and absent further Order of this Court, the Sheriff is directed to expose the real estate, levied upon under the within writ, for sale on December 4, 2002, according to the usual and customary terms and conditions applicable thereto. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State lo hereby certify that the Sheriff's Deed in which Washington Mutual Bank F A succesor to Noath American Mtg Co is the grantee the same having been sold to said grantee on the 5th day of March A.D.,!2003, under and by virtue of a writ Execution issued on the 3rd day of Sept, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4942, at the suit of North Amerimh Mtg Co against James A Gross Sr & Kimberl¥ I is duly recorded in Sheriff's Deed Book No. 256, Page 621. IN TESTIMONY WHEREOF, I have hereunto set my hand and.seal of said office this , / Sr day of , A.D. 2003 Recorder of Deeds North American Mortgage Company VS James A. Gross, Sr. and Kimberly I. Gross In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4942 Civil Term Harold Weary, Deputy Sheriff, who being duly sworn according ~o law, states that on September 10, 2002 at 8:41 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James A. Gross, Sr., by making known unto KimberlY Gross, wife of defendant, at 592 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and [correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according ~o law, states that on September 10, 2002 at 8:41 o'clock AM, he served a true copy of the Within Real Estate Writ, Notice and Description, in the above entitled action, upon thb within named defendant, to wit: Kimberly I. Gross by making known unto Kimberly Gross, at 592 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, its c~ntents and at the same time handing to her personally the said true and correct copy o~the same. Robert Bitner, Deputy Sheriff, who being duly sworn according t6 law, states that on October 2, 2002 at 8:48 o'clock A.M., she posted a true copy of the w!thin Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James A. Gross, Sr. and Kimberly I. Gross located at 592 Gutshall Road, Boiling Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to lav¢ says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within inamed defendants to wit: James A. Gross, Sr., by regular mail to his last known[ address of 592 Gutshall Road, Boiling Springs, PA 17070. This letter was mailed underi the date of October 1, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within Inamed defendants to wit: Kimberly I. Gross, by regular mail to her last known address of 592 Gutshall Road, Boiling Springs, PA 17070. This letter was mailed under! the date of October 1, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kimberly Hong for Washington Mutual Bank, FA, successor to North American Mortgage Co. It being the highest bid and best price received for the same, Washington Mutual Bank, FA, successor to North ,,~A~ ,erican Mortgage Co. of 8120 Nations Way Building, Jacksonville, FL 32256, being, the buyer in ~his execution, paid to SheriffR. Thomas Kline the sum of $790.22, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 15.49 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.28 Certified Mail 9.75 Levy 15.00 Sm'charge 30.00 Law Journal 297.95 Patriot News 222.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $790.22 S,.~_s Swom and subscribed to before me els:_ This 0 R, Thomas Kline, Sheriff ~003, ^.0. /Prothonotary BY Real Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND' COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 VS. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) North American Mortgage Company, Plaintiff in the above: action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerhing the real property of James A. Gross, Sr. and Kimberly I. Gross, located at 592 Gutshall Road, Bdiling Springs, PA 17007 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES A. GROSS, SR. AND KIMBERLY I. GROSS OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 592 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. DEED BOOK VOLUME 183, PAGE 819, PARCEL NUMBER 22-31- 2173-004. The name and address of the owners or reputed owners: James A. Gross, Sr. and Kimbefly I. Gross The name and address of the Defendants in the judgment: James A. Gross, Sr. and Kimberly I. Gross the real property to be sold: o o 592 Gutshall Road, Boiling Springs, PA 17007 592 Gutshall Road, Boiling Springs, PA 17007 The name and last known address of every judgment creditor whose judgment is a record lien on · (Plaintiff) Tax Claim Bureau One Courtho~tse Square Carlisle, PA 37013 The name and address of the last record holder of every mortgage of record: North American Mortgage Company (Plaintiff) The name and address of every other person who has any record lien on the property: NONE The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau One CourthOuse Square Carlisle, PA 17013 North American Mortgage _Company Domestic Relations 13 North Hahover Street Carlisle, PA~ 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution, i No person or entity is entitled to rely on any statements_ made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein ~e made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Kimberly J. !-long, Esquire Attorneys for Plaintiff Sworn to and s,abscribed before me IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, ' ' Plaintiff, NO: 01-4942 vs. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants ..... LONG FORM DESCRIPTION ALL THAT CERTAIN certain tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set in the western li Road (T-632) at lands now or formerly of Walter Mi along the latter, South 72 degrees 03 minutes 09 distance of 203.33 feet to an iron pin;.thence alo] North 10 degrees. 13 minutes 43 seconds West, a disl feet to an iron pin; thence along lands now or fo~ Richard Miller, North 71 degrees 20 minutes 23 sec, distance of 108.31 feet to a point; thence along formerly of Dale Cameron, South 01 degree 39 minut~ East, a distance of 30.00 feet to an iron pin; thel le of Gutshall .ler; thence ~conds West, a xg the same, ;ance of 212.43 aerly of )nds East, a ~nds now or ~s 30 seconds ~ce along the same, North 65.degrees 52 minutes 00 seconds East, a distance of 117.00 feet to an iron pin, said pin being 2,403.50 feet south of the centerline of Leidigh Road; thence along the w~stern line of Gutshall Road, South 06 degrees 00 minutes 00 seconds East, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. HAVING THEREON ERECTED a one-story ranch type dwelling house and other improvements known as 591 Gutshall Road,~Boiling Springs, PA 17007. BEING FURTHER DESCRIBED in the map showing property of Dale Fetrow prepared by Jarrit J. Betz Associates, Inc ~ dated October 18, 1974. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 01-4942 VS. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James A. Gross, Sr. 592 Gutshall Road Boiling Springs, PA 17007 Kimbefly I. Gross 592 Gutshall Road Boiling Springs, PA 17007 TAKE NOTICE that by virtue of the above Writ of Execution issued out of lhe Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, Idirected, there will be exposed to Public Sale in the] 2na Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on December 4, 2002, at 10:00 A.M., the following described real estate, of whicl James A. Gross, Sr. and Kimberly I. Gross are the owners or reputed owners ALL THE RIGHT, TITLE, INTEREST AND C, LAIM OF JAMES A. GROSS, SR.!AND KIMBERLY I. GROSS OF, IN AND TO: I ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN 7 MONROE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNS'~ ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 592 BOILING SPRINGS, PA 17007. DEED BOOK VOLUME 183, PAGE 819, PARC 2173-004. ?HE TOWNSHIP OF T,VANIA. HAVING GUTSHALL ROAD, EL NUMBER 22-31- The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, VS. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. at Execution Ntunber 01-4942 in the amount of $108,572.05, with appropria e continuing attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriffbefore the above s~le date. interest, Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no late from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed Sheriffno later than ten (10) days from the date when Schedule of Distribution is fi Sheriff. r than thirty (30) days with the Office of the led in the Office of the The Writ of Execution has been issued because there is a judgment against 3'ou- It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A laWYer can advise you more specifically Of these rights. If ymt wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXE~2UTION T© YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AI~FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. · Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 yOu may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those fights, prompt action on your part is necessary. ~ You may have the right .to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court ar within twenty (20) days after service of the Complaint for Mortgage Foreclosure you may have the fight to have the judgment opened if you promptly' file a petitior a valid defense and a reasonable excuse for' failing to file the defense on time. If l the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of wh, valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sherif remm of service of the Complaint find Notice to Defend or if the'judgment was ent days after service or in certain other events. To exercise this right you would h. strike the judgment. .y defense or objection and Notice to Defend, with the court alleging he judgment is opened, ;ther the Plaintiff has a has not made a valid red before twenty (20) ire to file a petition to You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstiate any other legal or equitable right. / YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SA~E SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THEi~,E ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILl THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIV THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETY THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & *, A PETITION WITH ERED HIS DEED TO ['ION TO SET ASIDE THE SCHEDULE OF ?d~IS, CO., L.P.A. Kimberly J. Hong, Esquire I Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 1521 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR IT: INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CLIENT AND ANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, VS. JAMES A. GROSS, SR., and KIMBERLY I. GROSS, Defendants. NO: 01-4942 LONG FORM DESCRIPTION ALL THAT CERTAIN certain tract of land with the %mprovements thereon erected situate in Monroe Township, Cumberland,County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set in the western lin~ of Gutshall R~ad (T-632) at lands now or formerly of Walter Miller; thence along the latter, South 72 degrees 03 minutes 09 seconds West, a distance of 203.33 feet to an iron pin;.thence alone[ the same, North 10 degrees. 13 minutes 43 seconds West, a distimce of 212.43 feet to an iron pin; thence along lands now or form~ Richard Miller, North 71 degrees 20 minutes 23 seco] distance of 108.31 feet to a point; thence along formerly of Dale Cameron, South 01 degree 139 minute~ East, a distance of 30.00 feet to an iron pin; then~ same, North 65.degrees 52 minutes 00 seconds East, 117.00 feet to an iron pin, said pin being 2,403'50 the centerline of Leidigh Road; thence along 'the we: Gutshall Road, South 06 degrees 00 minutes 00 secon~ls East, a distance of 200.00 feet to an iron pin, the Place o~ BEGINNING. HAVING THEREON ERECTED a one-story ranch type d~elling house and other improvements known as 591 Gutshall Road, Boiling Springs, PA 17007. ~rly of Ids East, a ids now or ~ 30 seconds .e along the ~ distance of feet south of ~tern line of BEING FURTHER DESCRIBED in the map showing prop Fetrow prepared by Jarrit J. Betz Associates, Inc., 18, 1974. ~rty.of Dale dated October WRIT oF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-4942 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTH AMERICAN MORTGAGE ~OMPANY, Plaintiff (s) From JAMES A. GROSS, SR AND KIMBERLY I. GROSS, 529 GUTSHALL SPRINGS, PA 17007 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE L ',GAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in t he possession of GARNISHEE(S) as follows: ~OAD, BOILING and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(sI is 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) If property of the defendam(s) not levied upon an subject to attacbanent is found in ~he possession of anyone other than a named garnishee, you are directed to notify him/her that he/she h~s been added as a garnishee and is enjoined as above stated. Amount Due $101,953.31 L.L. $.50 Interest AT THE RATE OF $19.63 PER DIEM FROM 1/16/02 TO 12/4/02 - $6,320 Atty's Comm % Arty Paid $119.90 PlainfiffPaid Date: SEPTEMBER 3, 2002 Due Prothy $1.00 Other Costs LATE CHARGES $297.88 CURTIS R. LONG Prothono~ (Seal) 'B:g2 ~(_~~_, ~_ C~ Deputy REQUESTING PARTY: Name KIMBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 ,86 HRU 12-4-02 Supreme Court ID No. 74950 Real Estate Sale # 24 On September 6, 2002 the sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA known and numbered as 592 Gutshall Road, Boiling Springs more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2002 By:,.J~A~ ~ Real Estate Deputy THE THE PATRIOT NEWS SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corpon under the laws of the Commonwealth of Pennsylvania, with its principal office and place Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, o' Patriot-New~ and The Sunday Patriot-News newspapers of general circulation, printed a Market Street, in the City, County and State aforesaid; that The Patriot-News and The established March 4th, 1854, and September 18th, 1949, respectively, and all have b ever since; That the printed notice or publication which is securely attached hereto is exactly their regular daily and/or Sunday/ Metro editions which appeared on the 21st day(s) of N. neither he nor said Company is interested in the subject matter of said printed notice or the allegations of this statement as to the time, place and character of publication are tru~ That he has personal knowledge of the facts aforesaid and is duly authorized a~ trion organized and existing of business at 812 to 818 ~/ner and publisher of The nd published at 812 to 818 Sunday Patriot-News were 9en continuously published is printed and published in )vember 2002. That dvertising, and that all of and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resoluti{)n unanimously passed and adopted severally by the stockholders and board of directors of the said Company and sul)sequently duly recorded in the office for the Recording of Deeds in and for said C~of Dauphin in Miscellaneous Eook "M', Volume 14, Page 317. ~.. PUBLICATION .................................................. ~ .............................. COPY Sworn to and subschbed before me._th s 22nd d~lv"-of NoverffDer 2002 A.D. S A L E #24 NotariaJSeal /~'-~2/) ~, ._ / /~-~- ~~ E~r~J~6,~ ] N~AJq~ PUBLIC ~ :. ~' ~ ~m~, ~ms~ni~ A~ ~ My commission expires June 6, 2006 ~ ~.~ CUMBERED ~ ~~SE CARLISLE, PA. 17013 ~~,~ Statement of Advertising Costs ~a~=~ ~ . To THE PATRIOT-NEWS CO., Dr. ~~}~~ For publishing the notice or publication aEaChed ~~~~~ hereto on the above stated dates $ 73.60 ~:~~ ~~:= Probating same ~0 .... *' Nota~ :ee(s) $ ~ ~1~3 f~'_~'~ ~ Total _~ ~ ;~.~ ~ $ 7 3.6 0 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-New. L newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and c(,~ifies 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 Jo~nal, 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 C~unty and State aforesaid, was established January 2, 1952, and designated by the local cour periodical for the publication of all legal notices, and has, since January 2, 1 issued weekly in the said County, and that the printed notice or publication al exactly the same as was printed in the regular editions and issues of the said ~ Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 ; as the official legal 52, been regularly tached hereto is 2umberland Law Affiant further deposes that he is authorized to verify this statement b~ the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the (oregoing statements as to time, place and character of publication are true. ~ ES?ATE SALE NO. 24 Writ No. 2001-4942 Civil North American Mortgage Company VS. James A. Gross, Sr. and Kimberly I. Gross Atty.: Kimberly Hong LONG FORM DESCRIPTION ALL THAT CERTAIN certain tract of land with the improvements them- on erected situate in Monroe Town- ship, Cumberland County. Pennsyl- Vanla, bounded and described as follows: BEGINNING at an iron pin set in the western line of Gutshall Road (T-6321 at lands now or formerly of Roger M. 1Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBEI~, 2002_ LOIS £. s~,'Y??, ~y ~