Loading...
HomeMy WebLinkAbout02-1414Spear & Hoffman, P.A. - - BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5927551878 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK N.A. 9451 CORBIN AVENUE PO BOX 1093 NORTHRIDGE, CA 91324 PLAINTIFF, VS. MARIE S. BITNER 903 GREENSPRING ROAD NEWVILLE, PA 17241 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5927551878 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK N.A. 9451 CORBIN AVENUE PO BOX 1093 NORTHRIDGE, CA 91324 PLAINTIFF, VS. MARIE S. BITNER 903 GREENSPRING ROAD NEWVILLE, PA 17241 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. ~>~ -- Iqlg COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK N.A., with its principal place of business located at 9451 CORBIN AVENUE, PO BOX 1093, NORTHRIDGE, CA 91324. 2. The names and last known addresses of the Defendants are: MARIE S. BITNER, 1708 COON ROAD, ASPERS, PA 17304. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about MAY 29, 1998, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: DATE RECORDED: BOOK: 1456 PAGE: MAY 29, 1998 MAY 29, 1998 1133 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about MAY 29, 1998, in consideration of their indebtedness to PNC MORTGAGE CORPORATION OF AMERICA, MARIE S. BITNER made, executed and delivered to PNC MORTGAGE CORPORATION OF AMERICA their promissory Note in the original principal mount of $72,750.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced h~rein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: N/A ASSIGNEE: N/A DATE OF ASSIGNMENT: N/A RECORDING DATE: N/A BOOK: N/A PAGE: N/A 7. The Mortgage is secured by property located at 903 GREENSPRING ROAD NEWVILLE, PA 17241, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JUNE l, 2001 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. The following amounts are due on the Mortgage: Principal Balance 6.625% interest from MAY 1, 2001 to MARCH 11, 2002 at $13.58 per day Accrued Late Charges Escrow Advances made by Plaintiff Attorney's Fees TOTAL AMOUNT DUE $74,819.52 $4,399.92 $173.60 $478.11 $2,929.50 $82,800.65 Interest continues to accrue at the per diem rate of $13.58 for every day after MARCH 1 I, 2002 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc.. 11. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. {}403 is not applicable. 12. Pursuant to the notice provisions of Act 91, 35 P.S. {}1680.403(c), notice was sent to Defendants, dated JANUARY 12, 2002. Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 13. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after MARCH 11, 2002 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE 4 VERIFICATION I, BONNIE L. DAHL, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is tree and correct to the best of my knowledge, information and belief. I make this verification in lieu of WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK N.A. Plaintiff who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. 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. DATE: BONNIE L. DAHL Attorney for Plaintiff Exhibit RECC~fl~ ANO RETURN TO: PNC Mortgage Corp. of America 75 North Fairway Drive Document Operations - Vernon Hills, IL 60061 Parcel Number: . PREPARED BY: DEBORAH A ANDREEN BETHEL PARK, PA 15102 Above This Line For Re~ording D&tn] MORTGAGE ENOEB'S OB-2 - iD THIS MORTGAGE ("Security Instrument"lis given on MARIE S. BITNER, UNMARRIED MAY 29 , 1998 · The mortgagor is ("Borrower").ThisSecuritylnstrumentisgiventoPMC MORTGAGE CORP. OF AMERICA which is organized and existing under the laws of THE STATE OF 0HI0 , and whos~ addressis 75 NORTH FAIRWAY DRIVE, VERNON HILLS, ILLINOIS 60061 ("Lender"). Borrower owes Lender the principal sum of SEVENIY-TM0 IHOUSAND SEYEN HUNDRE0 FIFIY DOLLARS AND ZERO CENTS .............................................. Dollam (U,S. $72,750.00 ............. ). 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 JUNE 1, 2028 . This Security Instrument secure8 to Lender. (al the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument: and (c) the performance of Borrower's covenants and agreements under this Security Instroment and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property ideated in CUMBERLAND County, Pennsylvania: The legal description of which is attached hereto, made a part hereof and marked Exhibit "A" which has the address of 903 GREENSPRING ROAD, NEMV!LLE Pennsylvania 17241 ("Property Address"); [Zip Code] PENN,~'~fl. VANIA-Single Family= FNMA/FHLMC UNIFORM INSlllUMENT Form 3039 9190 ~-6R(PA) {e4 ~o) l~n~nded 5191 VMP M RT AGE FORM* 00)521-7~ ~'OGETHER WITH all the improvements now or hereafter erected on 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. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment 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 any 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 Lender 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 federat 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 le~er amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the le~er 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 Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicabl~ law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, howex er. 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, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount <)f the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borr()~cr in ~riting, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borroacr ~hall 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 refnnd n) }~)rrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender. prt,)r to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale :ts a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received h5 I.rndcr under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to am, rants payable under paragraph 2; third, to interest due; fourth, to principal due: and last, to any late charges due under thc \(,tv. 4. Charges; Liens. Borrower shall pay all taxes, asse*sments, charges, fines and impositions attrihma!,le to the Property which may attain priority over this Security Instrument, and leasehold payments or ground r~ntq, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, lh)rrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all n.tices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall pr(,mptl) furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any llen which has priority over this Security Instrument unlt-~ [h,rr,,aer: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender: (h) ,, m tests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the [ cndcr'q -pinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the llen an agreement ~t~,f~ctory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the [)r-Tx'th ~s subject to a llen which may attain priority over this Security Instrument, Lender may give Borrower a ncuicr ~dem~f~ing the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 da.~s .f )he giving of notice. I~-6R(PA) ~ga ~o~ 1456 Fen 101~/~ 9/~0 ~. Hazard or Property Insurance. Borrower shall keep the ~mprovements now exi~ting or hereafter erected on the Property insured against loss by fire, hazards included within the term "e~tended coverage" and any other hazards, including Roods or flooding, for which L~nder requires insurance. This insurance shsl[ be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shah 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 ali receipts of paid premiums and renewal not cee. 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 feaslb[e and Lender's security is not [essensd. If the restorat[on or repair is not economica]ly feasible or Lender's security Would be lessened, the insurance proceeds shs[l be applied to the sums secured by this Security Instrument, whether or not then due, w~th any excess paid to Borrower. If Borrower abandons the Proper~y, or does not answer within 30 days a notice from Lender that the insurance carder has offered to settle a cia[rs, then Lender may collect the ~nsurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period wi]l beg~n when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to pr[nclpa] shah 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 acquis[fion shall pass to Lender to the extent of the sams secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation. Maintenance and Protection o1' the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property ss Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in 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 ss a principal residence. I[ 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 subs{antially 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 ss a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option ef Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by 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 any part of the Property, or for conveyanse in lieu of condemnation, are hereby assigned and shall be paid to Lender. [n 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 leas 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 Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 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 liability of the original Borrower or Borrower's successom in interest. 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 Lender 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 Liabilily; 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; Seversbility. 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. (~)~-GR(PA) (e~. ~ol Ferm 3039 9190~ .16. Borrower's Copy. Borrower shall be given one conformed copy of the Note 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 {ts option, require ~mmediate payment in fuji 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 thb 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 w~thout further notice or demand on Borrower. 18. Borrower?s Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the fight to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays a~l expenses incurred in enforcing this Security Instrument, ~ncluding, 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 fights in the Property and Borrower's obligation to pay the sums ~ecured 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. However, this fight to reinstateshall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more fimas without pfior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal s~orage, or release of any Hazardous 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 s~orage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. 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 Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when 'the default must be cured; and (d} that failure to cure the default as specified may re~ult 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 ss specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Xnstrument 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 [nstrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. ~-6R(PA) Ig4 ~o~ Form 3039 9190 23. Waiv'~rs. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reiustatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action uf 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 pa~ of this Security Instrument. [Check applicable box(es)] [] Adjustable Rate Rider [~ Condominium Rider [] 1-4 Family Rider [] Graduated Payment Rider ~ Planned Unit Development Rider [] Biweekly Payment Rider [] Balloon Rider ~ I Rate Improvement Rider ~[~,,S,ecoad Home Rider [] V.A. Rider [_~ Other(s) [specify] Legal Exhibit A 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. Witnesses: (Seal) K~R~E S. BITNER -Borrower (Seal) (Seal) Certificate of Residence I, Johnna J. Deily, ESq. addre~s of the within-named Mortgagee is 2000 OXFORD DRIVE, THIRD FLOOR, BETHEL PARK, PA 15102 Wimees my hand this 2 9th day of May, . ~ Cumbe/~and County ss: COMMONWEALTH OF PENNSYLVANIA, On this, the 29th officer, personally appeared dayof May, 1998 Marie S. Bitner single person , do hereby certify that the correct , before me, the undersigned known to me (or satisfactorily proven) to be the parson whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . ' My Commission Expires: -- (~-6R(PA) (~lo) .,~, s o, · Form 3039 9190 EXHIBIT "A" ALL THOSE CERTAIN two parcels of land, together with improvements thereon erected, situate in North Newton Township, Cumberland County, Pennsylvania, more particularly shown on the Subdivision Plan for Larry E. Bollinger, which Plan is dated October 24, 1978 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 35, Page 68, as follows: TRACT NO. 1: BEGINNING at a spike in the intersection of the centerline of Pennsylvania Highway Route 641 and Township Road 388; thence by the center line of Route 641, North 70 degrees 15 minutes West, 128 feet to a spike; thence by Lot No. 3 on the aforesaid Plan, North 19 degrees 45 minutes East, 103.21 feet to a spike in the center line of Township Road 388; thence by the center line of the latter road, South 45 degrees 25 minutes East, 146.60 feet to a spike in the same; thence by said road, South 26 degrees 40 minutes West, 41.95 feet to the Place of BEGINNING. CONTAINING .218 acres and being Lot No. 2 on the aforesaid Plan. TRACT NO. 2: BEGINNING at a spike on the northerly line of Pennsylvania Route 641 at the southwestern corner of Lot No. 2 on the aforesaid Plan; thence along said Lot No. 2, North 19 degrees 45 minutes East, a distance of 103.21 feet along land of Benedict Randolph and Terry Randolph to a spike on the southerly line of Township Road 388; thence North 45 degrees 25 minutes West, a distance of 21.28 feet along the southerly line of Township Road '388 to a spike; thence South 24 degrees 10 minutes 28 seconds West, a distance of 112.48 feet along other land of the Wises' herein to a spike on the northerly line of Pennsylvania Route 641; thence South 70 degrees 15 minutes West along the northerly line of Pennsylvania Route 641, a distance of 28.00 feet to a point and Place of BEGINNING. CONTAINING .058 acres and being Lot No. 3 on the aforesaid Plan. BEING the same premises which Anthony R. Camplese and Melissa A. Camplese, husband and wife, granted and conveyed to Marie S. Bitner, single person, Borrower herein. State of Penn~vania ]. -- CounW of CumberlandJ ~1~ Recorded ig the office for the recor~i ,n~ ~ De~s ect ~nd I~b~land County.~z witn~Y han~M ~. I LDIk ~ 1455 Exhibit "B " [Date] [City] [State] 903 GREENSPRING ROAD, NEWVILLE, PENNSYLVANIA 17241 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay UkSm $ 72,750. O0 .................... (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is PNC MORTGAGE CORP. OF AMERICA, AN OHIO CORPORATION · [ understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid· I will pay interest at a yearly rate of ................ §. §250%. 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 malting payments every month. I will make my monthly payments on the FIRST day of each month beginning on JULY t 1998 . I will make these payments every month until I have paid all of the principal and interest and any othe~ charges described below that [ may owe under this Note. My monthly payments will be applied to interest before principal. If, on JUNE 1, 202B , 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 paymentsat 75 NORTH FAIRWAY DRIVE, VERNON HILLS, ILLINOIS 80081 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 4§5.83 ................ . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment.' When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges is finally inte .~reted so that the interest or other loan charges collected or to be co lected n connection with this loan exceed the permitted hmits, then: (if 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 [f the Note Holder has not received the full amount of any' monthly payment by the end of 15 calendar days after the date it is due, [ will pay a late charge to the Note Holder· The amount of the charge will ~- ................ §. 0000% of my overdue payment of principal and interest, l 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 wilt 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 bit a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and MULTISTATE FIXED RAl~ NOIE-Singie Fmmily-Fmml~ie MmmlFreddie M~ Uniform Instrum~t Form 3200 12183 ali the. lnterest that I owe on that amount. That date must be at least 30 days after the date on which the notice ~s delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costa and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expanses include, for example, reasonable arcomeya' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that mus~ be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Proper~y Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that mus~ be given to the Note Holder under this Notewil be given by mailing it by first class mail to the Note Holder at the address stated n Section 3(A) above or at a different address if I am given a notice of that different addreas. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one parson signs this Note, each person is fully and personally obligated to keep all of the promises made in .this Note, including the promise to pay the full amount owed. Any parson who s a ~guarantor, surety or endorser of this Note ~s also obligated to do mese things. Any I?rson who tskss over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obhgated to keep all of the prom scs made in this Note The Note Holder may enforce its rights under this Note against each parson odividually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9.WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means thel0, ri~g~lFORe~,u~ht to r uireSECUREDthe Note HolderNOTEtO give notice to other persons that amounts due have not been paid. This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protect OhS given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make i m mediate payment in full of all amounts I owe under this Note. Some of those conditions are deacribed as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any par~ of the Property or any interest in it is sold or transferred (or ifa 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 Ir~trument. 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. 1 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. '~IA~[[E S. BIINER -Borrower SSN: SSN: <Seal) SSN: SSN: (Seal) (Seal) PAY TQ-THE DRDER Ole: _. P_NG blan~, m.A' WITHOUT RECOURSE Exhibit "C" EXHIBIT "A" ALL T~OSE CERTAIN two parcels of land, together with improvements thereon erected, situate in North Newton Township, Cumberland County, Pennsylvania, more particularly show~ on the Subdivision Plan for Larry E. Bollinger, which Plan is dated October 24, 1978 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 35, Page 68, as follows: TRACT NO. 1: BEGINNING at a spike in the intersection of the centerline of Pennsylvania Highway Route 641 and Township Road 388; thence by the center line of Route 641, North 70 degrees 15 minutes West, 128 feet to a spike; thence by Lot No. 3 on the aforesaid Plan, North 19 degrees 45 minutes East, 103.21 feet to a spike in the center line of Township Road 388; thence by the center line of the latter road, South 45 degrees 25 minutes East, 146.60 feet to a spike in the same; thence by said road, South 26 degrees 40 minutes West, 41.95 feet to the Place of BEGINNING. CONTAINING .218 acres and being Lot No. 2 on the aforesaid Plan. TRACT NO. 2: BEGINNING at a spike on the northerly line of Pennsylvania Route 641 at the southwestern corner of Lot No. 2 on the aforesaid Plan; thence along said Lot No. 2, North 19 degrees 45 minutes East, a distance of 103.21 feet along land of Benedict Randolph and Terry Randolph to a spike on the southerly line of Township Road 388; thence North 45 degrees 25 minutes West, a distance of 21.28 feet along the southerly line of Township Road 388 to a spike; thence South 24 degrees 10 minutes 28 seconds West, a distance of 112.48 feet along other land of the Wises' herein to a spike on the northerly line of Pennsylvania Route 641; thence South 70 degrees 15 minutes West along the northerly line of Pennsylvania Route 641, a distance of 28.00 feet to a point and Place of BEGINNING. CONTAINING .058 acres and being Lot No. 3 on the aforesaid Plan. BEING the same premises which Anthony R. Camplese and Melissa A. Camplese, husband and wife, granted and conveyed to Marie S. Bitner, single person, Borrower herein. · *"~- ' ~"ff~-" ~ ",-~" ~; . ' .,~ '.-',~' State of Penn~anim Recorded 145B Exhibit "D" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The an~ount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiffas named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The m~dersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law fim~. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill; NJ 08034. SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-01414 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS BITNER MARIE S R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT BITNER MARIE S unable to locate Her COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT MARIE BITNER NO LONGER LIVES AT 903 GREENSPRING ROAD NEWVILLE. , BITNER MARIE S , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 So answers~!' /~' ~. / R. Thomas Kline Sheriff of Cumberland County SPEAR & HOFFMAN 04/04/2002 Sworn and subscribed to before me this /~ day of ~__ ~2~_ 4, A.D. Prdt~lonotary ' ~ ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01414 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS BITNER MARIE S R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BITNER MARIE S but was unable to locate Her deputized the sheriff of ADAMS in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 4th , 2002 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 23.60 .00 48.60 04/04/2002 SPEAR & HOFFMAN R. ~ Thomas Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of ~/r~~ ~2~ A.D. ! ! Pr6thonot arl~ Return this form to Ccmberland County Sheriff's office. In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Home Loans Inc. VS. Marie S. Bitner SERVE: Marie S. Bitner No. 02 1414 civil Now,. March 26, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adaus County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.. Sheriff of Cumberland County, PA Now, Affidavit of Service ,20 , at o'clock M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ., 20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA ,~J. NrlO3 SNYEI¥ MASON DIXON BUSINESS FORMS, INC. DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PlAINTIFF/S/ WASHINGTON MUTUAL HOME lOANS INC. 3. DEFENDANT/S/ MARIE S. BITNER SERVE INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please type or print legibly, insuring readability of all copies. Do not detach any copies. AC~D ENV.// 2. COURT NUMBER I 02-1414 Civil Term 14. TYPE OF WRIT OR COMPLAINT: ~omplaint in Mortgage Foreclosure 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A'rrACHED OR SOLD. Marie S. Bitner 6. ADDRE~ (~rset or RFD, Ape~ment No., C~, ~ro, Twp., State and ZIP COD~ AT 1708 Coon Road, Aspers, PA 17304 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE D CERT. MAIL [] REGISTERED MAIL D POSTED [] OTHER Now, ., I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff, SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on beheff of: 10. TELEPHONE NUMBER 11. DATE ]~ PLAINTIFF Bonnie Dabl, Esq. []DEFENDANT (856) 755-1560 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title I 13. Date Received 14. Expiration / Hearing date or compleinf es indicated above. --~arcb 28, 2002 15. I hereby CERTIFY and RETURN that I K have personally served, [~ have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and A, ,~:$TED COPY therof. 16. [] I hereby cerlify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name end title of individual served tn. A pemon al suitable age and discretion I Read Order th~l residing in the defendant's USUal Marie S. Bitner p,~.~.[] [] 19. Address of where served (complete only if different than shown above) (Street or RFC, Apartment No., City, Boro, Twp., State and ZIP CODE) Sheriff's Office, Adams Co. Courthouse, Gettysburg, PA 17325 22. ATTEMPTS Date Mlle~ Dap. Int. Date Miles Dap. Int. Date Mllea D~p.lnt. Date Mlle~ D~ 23. Advance Costs / 24. I 25. I 26. I 27. Total Costs $150.00 Fm. Sheri~f #36090 I I 1523.60 Pd. 4/3/02 20. Date of Service 21. Time 4/1/2002 8: 30Nv[ Int. Date Mil# Dep.lnt. 28. ~-~REFUND ;126.40 Ck. #7053 AFFIRMED and subsorihed to before me thi~ day of N/A ~,,~//~. ~,,~,_~ SO ANSWER. Kenneth D. Kuntz Signature of Sheriff ~te ~/1/2002 Date4/1/2002 MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I 39. Dste Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. I PROTHONOTARY SHERIFF'S RETURN OF SERVICE ( ) (1) The within upon defendant by mailing to by = ~. prepaid, a true and attested copy thereof at , the within named mail, return receipt requested, postage on the ) (2) ( ) ( ) ) (3) ) (4) ) (s) The return receipt signed by defendant on the is hereto attached and made a part of this return. Outside the Commonwealth, pursuant to Pa. R,C.P. 405 (b) (1) (2), by mailing a true and attested copy thereof at in the following manner: (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receip,t and envelope is attached hereto and made a part of this return. And thereafter: (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the. Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copY thereof at The : Authorities marked is hereto attached. Other returned by the Postal SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 KINGS HIGHWAY, SUITE 210 CHERRY HILL, NJ 08034 (856) 755-1560 ATTORNEYS FOR PLAINTIFF 'WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK N.A. PLAINTIFF, VS. MARIE S. BITNER DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-1414 PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly settle, discontinue and end without prejudice the above captioned complaint in mortgage foreclosure. SPEAR AND HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorneys fi>r Plaintiff