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Home My WebLink About02-1513IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A n PNC MORTGAGE CORP. OF AMERICA NO.: OP.. -, 3 l:w?L Plaintiff, vs. DAVID K. ROSENBERGER Defendant. TO DEFENDANT TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage Corp. of America You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF AT RNEY FOR PLAIN F I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 75 Fairway Drive Vernon Hills, IL 60061 AND THE DEFENDANT IS: 229 Southside Drive NeWy.ille, PA 17241 AT"I ORNEY FOR PLAJXTIFF t CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 229 Southside Drive Penn Township (CITY, BORO, TOWNSHIP) (WARD) COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 ATTORNEY FORJ'LAIrYT: F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02 -IS- 43 (u,- R-Fj? Plaintiff, vs. DAVID K. ROSENBERGER Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: Plaintiff, l vs. DAVID K. ROSENBERGER Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage Corp. of America, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage Corp. of America, which has its principal place of business at 75 Fairway Drive, Vernon Hills, IL 60061 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, David K. Rosenberger, is an individual residing within the Commonwealth of Pennsylvania, whose last known address is 229 Southside Drive, Newville, PA 17241. 3. On or about August 6, 1999, Defendant executed a Note in favor of PNC Mortgage Corporation of America in the original principal amount of $74,949.00. 4. On or about August 6, 1999, as security for payment of the aforesaid Note, Defendant made, executed and delivered to PNC Mortgage Corporation of America a Mortgage in the original principal amount of $74,949.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 6, 1999 in Mortgage Book Volume 1562 Page 851. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A, attached hereto and made a part hereof. 5. PNC Mortgage Corporation of America assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the September 1, 2001 payment. 8. Plaintiff was not required to send Defendant written notice pursuant to 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1707-1715z-18). 9. Plaintiff was not required to send Defendant written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P. S. §101 and the Defendant is not a "residential mortgage debtor" as defined in 41 P. S. §101. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $72,552.23 Interest through 4/1/02 $ 3,446.22 Late Charges through 4/1/2 $ 127.05 Escrow Deficiency through 4/1/02 $ 96.87 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 1,500.00 TOTAL $789972.37 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $78,972.37 with interest thereon at the rate of $15.12 per diem from April 1, 2002, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: _?i L yLC iT cLGit-C?- Krie M. yaus , quire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A £L ? a6ed Wtl41E: LL w/6L/FO :1e y.lan.laS uO XU qq io6 apl ROBERT?. ZIEGLER RECORD" Cr DEEDS • CUMBERLAND COUNTY-PA '99 RUG 6 PIS 3 21 Record And Return To: PMC aortgage Corp. OL America Document operations 75 North /airway Drive Vernon dills, 1L 60061 Pawl Numbcr:31-11-111-044C - -'5pate ate" IN, I/m Far Rmardift 0,161 o. Commoaweakh of Pennsylvania MORTGAGE 441-6097509 Prepared By: Niehelo Maehak Lcedcrdc 430006110 Bethel lark, 9A 16102 THIS MORTGAGE ('Security Instrument') is glen on August 6, 1999 The Mortgagor is David x Rosenberger married as Individual • ('Bc¢:ower'). This Security Insuumem is given to DvC mortgage Cox-P- of America, ea Ohio Corporation which is organized still existing under the laws of Ohio , and whose address is 75 North lairvoy Drive Vernon Hills, IL 60061 ("Lender). EoROwer owes Leader the principal sum of Seventy four Thousand Hine Hundred forty Mine and 00/100------------------------ ------------------------------------------------- DOllaes (U.S. $74,949.00 ---- ----- ). 77d¦ debt is evidenced by Eorrower's note dated the same date as this Seanrlty Ingnrment ("Nola'). which provides for monthly, paytncnts, with the fall debt, if riot paid eadler, doe and payable on September 1. 2019 . This Somily Instrument emu" to leader: (a) the repayment of the debt evid0esmd by the Note, with Interest, and all rmewah, extension and emdifimdona of dA Note; (b) the payoms of all other sums. with interest, advanced under paragraph 7 to protect the security of this Security Instrument: and (c) We performance a P"mybealsMonger -oes Zt (PA)IMUTAI G6QInMm 4eT lenl4 Ma. • PPaiYl?al? rq f e, a ?^Ri?lm?(J-? Baoxi562?ac?..651 i 0 1/£Td 66£££7ZL iG-GI LoV H.LaEF Ha INRHd S£: IT a0-6T-£a 03-19*92 11:34 PREMIER RACT ID-71W433399 1?12?13 4 of Sterrower's ooveaxnts and agmenadts under this Security hutmment and the Note. For this purpose, Bortower dues bm by mortgage, gram and convey to the LAMW the following described CP?tyy? ld in CD XILRUD sea ettaelwd legal description which has the address of 729 6011thsids Drive, Bawills Ihr. Cush pennsAmda 17241 Rip Col.) ('Fropaty Addrms')i TOGBrHER WITfI all the impmvemeae now or hereafter erected on the poem, and all caaments, appurtenances and names cow or bor after a pars of the property. AS repisccnwrts and additions spas also be covered by this security boarmemt. All of the foregoing is referred to W this Security Instrument as am'Fropm.' BORROWER COVENANTS that Borrower is lawfully :rind of the estate hereby conveyad and has the right to mortgage, grew and otmwy the Property and that the property is ur aoumhered. except for arcumbratm of record. Boeowar warrants and will defend generally ma tide to ties property against all claims mad demands, subject to any , eocumbraaee of record. THIS SSCURITY INSTRUMENT combines uniform covenants for national use and son aitorm cuveruats with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lander cmnmaot and agme as follows. UNIFORM COVENANTS. 1. Payment or priucipd. Interest and Late Cbsrte. Borrower shall pay when dce the principal of, and Internet on, the debt evidenced by the Note and two charges due under the Noun. 2. MonUdir Payment of Taxes. Innnoce and Other Charges. Barrow" sbal include in each monthly or m Fus vied uw tar ie )ns essom pto the ets prmnii would have been MQmmlmd !t lender s[Bl held the Smtriry Instrutnemt, eaeL rmhlY paYtnam aball also include alther: (U a wan for the ammi mCnpge inauutoe premium to M paid by l elder m der Secretary, or (E) a monthly chaste insbnd of a mMgap fnemraoee premium H this security Wwmeu is multi by rho Scorenary, in a ressondele amount to he deamioed by the sscreumY. Eace91 for the numddy charge by mime Swrcmcy, tl+era items an called 'Fstxmv Items' and the rums pW ro I.enda are called 'Escrow Funds.' t<ode[ mty. at any time. wtlaCt and hold amamu for Esceoty Items in a aggesgam areal net m exeaed [toe ?,+*m,?„^, arum that may 6a regtelnnd for Bortower'a escrow aeeNnt tmdsr the RW $+mate Ssdement Procndwes Act of 1974, 12 U.S.C. Section 2601 a req. real implementing regulations, 24 CFR Pan 3508, as, flay may be amended from door to rime ('RFSPA'), except that the cushion or reserve permitted by RESPA for mmniicipated disbnncntcnts or disbmxments before the Borrower's payments am available in the account may not be bond on amoanu due for the mortgage insurance premium. AryP4RlPAi uwm..m r.wr w e 1 - egog1.562PAGF, 852 We got this FAX on ServerA at: 03/19/2002 11:34AM Page: 12 LL :'a6ed Wtdh£: LL 6Z/6L/£0 :'}e UaGAaSS uo Xtl46siq-4 3o6 am • If the Atnooots held by lender inc Escrow Item exceed the amomua permitted to be held by RFSPA. Ltmder shall account so Borrower for the exCOSS Ponds as required by RESPA. U the amounts of fu sh, held by Leber n any time Am rem sufficient lO pay the Escrow Item when due. Leger may notify the Borrow" sew requite Borrower to make up the s ecru ge as permitted by RESPA. The Escrow Foods are pledpd as additional ucurity gor all sums secured by this See misy instRUn01s. if Borrower leaden to Leader the fell payment of all such sums, Borrovnr'a Account shall be credited with the balaooc remaining for all lestalbawat items (a), (b), and (c) and any mortgage insw once premium imailment due Ledo has rot become OWISAted to pay to dw Secretary. and Lender shall promptly refund my lounediately prior to a foreclosing ads of the te excess folds o BP"Ib credited with rry, rl aits c awnmuon by Laster. Borrower's account anal be arty balssxe temaWeg for aB io51allrneota for itm e (y, (b), cad (c). 3. Application of F"Onts. All payments under paregnphs I and 2 thall be applied by 1.01der as follows: FIr51, to the tmrrgage insurance Premlam to be paid by Lender to the Secretary or to the monthly char Secretary instead of the rnonthN mcapp muna a premium; the S MW. to coy lazes. Special assessoums. leasehold payments or ground ream, and fire, flood And odor hazard tnolmance Promium. As required; 71drd, to Interest due under the Note: )` to amortWtiou of am principal of the Note: and Fifth, m late charges due miler the Note. 4. Fix% Stood And Other Kennard hourancs. Borrower shall ins all improvammts on We Property, whether now in 011510106 or subsevendy eractd. against any hoards, casualties. and coudngeneles, includr fire. for which Lender Icgnrifra insurance. This insure s, shall be mdmalned in the Mounts and for the periods that Lands requiter. SOrmwer Shall Also insure all Improvements on the property, whether now in existence or mtrequently 9rec1011, agalsu loss by floods to the extent required by the Secretary. AB insurance shall be carried with eampanic. OPPmVd by Later. The huuran0e PWicim and coy renewalt shall In held by Lender And shall include loss payable clause in favor of, tad in a form accepts is to. I.Ander. In the WOW of lose. Borrower shall give Lender immdiase omles by mall. Lender may nuke proof of lose if not male promptly by Borrow". Each tmuramc company cmmernd is hsmby Authorized and directed to mts payment for such less directly to Lander, instead of to Borrower and to Leader jointly. All or any pan of the imoraore Pads MY be applied by larder. at its option, either (a) to the reduction of the irdebtednets miler the Nora and • this Security Instrument, first to any delinquent stnoums applied in the order in pangtaph 3. and then to prepeym01l of PsioOlpal, Or (b) b the reSWcation or repair of the damaged Property. Any APPlicati0n of the proceeds to the PrimiPal shall not extend or postpone the Out, due of the MODWY payments which ere refelted to in 2, or tlwhge ft amount of such payments. Any excess insurance pto"eds over an amount ou idrbtdnCU under the Note and this Smutty Irahummt Shall be required to pay all outstanding Pared to she amity rite O"m of foradomns of this geeurit lastnmmt or other legally 01r ope dureW, the idauednw, all riglu, tide and interest of Borrower in end toouraues title to the policies in rf?force Yl pan neto the purchaser. to the I.erehol?Bn?, P?rvadOn. Maintenance, and Iloteetlon Of the Property; Borrower's Lean Application; rrower shall occupy, establish, and use the Property u Borrower's principal residence within sixty days after the exetarti00 of this Security Insuumcal (or within sixty days of a later sale Or transfer of the Pmpeny) and shall ocatinue to Occupy the property as Borrower's principal residencs for at least Ores Year after she due of OemlPaney, Union Leader dose mine, than requiremot will cause undue hardship for Borrosscr, Or unless extenuating ciecum se0es exist which ere beyond Borrower's control. Borrower shall notify L.etbor of my extenuating cireumStanOca. Borrower shall net commit waste or Propeety 10 deteriorate, nasooablc wear and test ex?? use simpact she property Y change the Pthe roperty n allow tee vacam or abandoned or the lose is in default. Lend" my halm rtsswablmay cdM 10 prosectmpreserve if sueh ny t vacmt or J; 4RIPAl wro I.ol ryr.au• 0 SooK1562rASE .853 UTi17a 66£EEroZLIG?QI tovltSSev aalMana bC:TT Z9-6T-00 01,1:86Ed WUh2:1,L WZ/6L/£0 :}e d.xaA.rag U0 X"16' Tq-4. 406 am 4 abendorwd property. Bo Tower shall Wes be in default if Borrower, during The loan application pmnxm, gave materially false or hassomrats Wfonsediore or suterodui to leader (or failed to provide Trader with my material infonnatioh) in connection with the tom evidenced by the Near, including, ber tut lindted to, npm=Udom conandag Borrower's compmy of do Property as a principal mettlesome. If this Security Inatmitlatt is no ¦ household. Rea owear dull comply with the provisions of the lease. If Borrower acqutta fee tide to the Property, die leatehdd and fen title shall as be merged unkss Lender agrees to des toerger in writing. 6. Co ademmatkm. The proceeds of any awatd or claim for damages, direct or conssqumRisl. in crme Lion with any condemnation or other taking of any part of the Property. or for conveyer" in place of condemnation. W hereby assigned and shall be pdd to Lender to the cam of the full ammo of the iablasedmu that remdm now under the Note and this Security instrument. Lender shall apply such proceeds an the rcduc im of the Imicietdaen under the NOW and this Security hwnutant, first to my delinquent amowa applied In the order provided in paragraph 3, and dean to prepayment of principal. Any application of the procesds to the prmipai shall not euead or postpone the due data of dm montNy, payments, which are re(ured to In paragraph 2. or clump the amoum of such payments. Any excess proceeds war an amount required to pay all outstanding tmdebredmss wader the Note and this Security Ittslmmssa .hail be pail to the tnsgy legally entitled thmero. 7. Charges to Borrower' and Protection of Lender's Rights in Use Property. licamwwer shad pay all govemnmaat or mmieipd charges, faun and Impasaidom that are tot included In paragraph 2. Borrower shall pry thete obligations m dine directly to the entity which is owed the paymam. If failure to pry would adversely affect Lender's Interest in the Property, upam lender's regmat Borrowu shall promptly famish to Leander receipts evidencing these payments. If Borrower falls to make these payments an the puzzmats required by paragraph 2. or falls to perform soy other covahmte and agreements considered In this Security Insuumaa, or them is a legal procuding that may slgalBessa ly , eBatt lender's rights in the Property (rich as a proceeding in hatdmuptcy, for condemnation nc to enforce laws an tognisdom), than Lender may do and pay whamaver Is necessary to protect the value of the Property and Leoda's rights in the Property, including payment of rues, hazard insurance and other items mentioned in paragraph 2. Any measures disbursed by Lads under this paragraph shall became an additional date of Bonrower end be secured by this Security Instrument. Thew arnNmts shall bar interest fmm the date of disbursement, at the Note rate, and a the option of Lender, shall be immediately duo: and payable. Borrower shall promptly discharge my Jim which has priority Over this Security Instrument unless Borrower. (a) agree in writing to the payment of the obligation secured by the lice In a summer ao;cptsble to lender; (b) contrast in good faith the Jim by, or defends against enforcement of the Jim in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the it=; or (o) secures from the holder of the lien an agrmare a satisfactory to Lender subadinming the line to this Security Internment. If Lender determines that any pat of the property is subject to a Jim which may attain priority over this security Instrument, lender may give Borrowera melee idadfylmg the li m. germwer shall satisfy, the line or take one or tram of the acdom ace forth above within 10 days of the giving of maim. S. Pass. Lender may collect fees and charges md+aimd by the Secretary. 9. Grounds for Acceleration of Debt. (a) Deyadt. Leader may, except as limited by regulations issued by the Secretary, in the cue of payment defaults, mcquim immeadiae payment in fall of all mesa secured by this security Instrument if (1) li n r defwlu by piling m pay In full MY momhty payment roquircd by cis SecnrltY Instrument prim an or m the due due of the treat monthly payment, or (t) Borrower defaWa by failing, for a period of thirty days, to perform my other Obligations contained in this Security Instrument. (b) Sale Witbout Credit Approved. Lcdcr shall, if pemhittd by applicable kw (including Section 341(d) of the 0an.5t. Cemtoin Depository Institutions Am of 1982, 12 U.S.C. 1701j•3(d)) and with the prior approval of the Seorelaty, regUIN inmedlak paymem in fall of all sums secured by this Security Instrument if: mil; f4RPAI elsewAl rwr 4 M e ..IV, 1 Boo11562 racer B54 £T/07d 06£££bZLTL-aI IDVHI99V HHINHHd ££:TT Z0-6T-£0 61:915ed WCh£:LL W/6L/£0 :1P UaBA.xBS uD Xtl4347 306 am • • (i) All or part of the Property, or a beneficial iWetast in a trust owning all or part of the Property, is sold or otherwise trarzfereed (other than by devise or descent), and (0) The Property is not occupied by the purchaser or grantee as his or bar principal raideacc, or ft purchases or grantee does so ooospy the Property but his or her credit has not been approved In AcgNance with the requimmsots of the Secretary. (e) No Waiver. If circumstances occur that would permit lazier to requite immediate payment in full, but !Antler does not regmire such payments, Under does not waive its rights with respect to subsequent emu. (d) Utegdatiessa of HUD Secretary. In many circumstances regulations issued by the Secretary will limit lender's rights. in the case of payment default. to require Immediate payment in full and foreclose if not paid. This Security Imtrunam does not authorize acceleration or foreclosure if net permitted by agulatims of the Secretary. (e) Mortgage Not Incurred. Borrower agmro that if this Security Instrument and the Note are rot daterrnined to be eligible for Insurance mater the National Housing Am within 60 days from the date hereof, lender may, at its option, require immediate payment in fall of all sums arcurcd by this Security Inatumem. A written statement of arty, authorised agalt of the Secretary dated subsequent to 60 days ham the date hereof4 dedinfng ro innate this Security Instrument sail the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be mereieod by f.cudcr when the unavailability of Insuosne is solely doe to Lender's failure to remit a mortgage imarmoo premium to the Secretary. I0. Bdnatateremt. Borrower has a right to be reinstated if Under her required Immediate payment In tall became of Borrower's Failure to pry an amount due under the Now or this Swartty Imntmaa. This right applies eves after foreclosure proceedings are Instituted. To reinstate ere Security Instrument, Borrower shall tender in a lump sum all ampums required to bring Borrower's account current Including, to the aunt they are obligations of Borrower under this Security Instrument, foreclosure costa and reasonable mod customary attorneys' fees and exposes properly usociasd with the foreclosure proceeding. Upon reimutanmt by Borrower, this Security Instrument and Be obligations that it seoures shall remain in effect a If leader had not required immediate payment in full. Hmwever, Lender is mot Nqured to permit relnanrammul If: (1) Lender her accepted ream ntsmse after the commencement of foreclosure proceedings within two years immediately preceding the ccmmenecment of a mrrcnt foreclosure proceeding, (It) reinstatement will preclude foreclosure on different grounds in the future. or (iii) reinstatement will dveraely affect the priority of the clan cleared by this Security Instrumem. 11. Borrower Not Released; Forbearance By leader Not a Waiver. Extension of the time of payment or modifiallon of amonIation of the sues accused by this Security imeumm granted by Leader to any successor in merest of Borrow" shall rot operate to talcam the liability of the original Borrower or Borrower's successor in interest. Lender shall Dot be required to commence proceedings against any successor in haerea or refuce to extend limo for payment or otherwise modify amortisation of the acre segued by this Security Instrument by reason of my drnumd made by the original Burrower or Borrower's succenors in interest. Any forbearance by Lender in exercising my right or comedy shell not be a waiver of or preclude the exercise of my right or remedy. M Succamms and Assigns Bound; Joint and Several UJability; CoSigmes. The covenants and agreements of this Security instrument shall bid and benefit the suoreamn and assigns of I ,-&r and Burrower, subject to the provisions of paragraph Kt). Borrower's covenants and agreements shall be joint and several. Any Borman who cosigns this Security instmmmr but does noL e=Ute the Note: (a) is co-signing this Securty Instrument only to mortgage. Sam and convey that Borrower's interest In the Property ceder the terms of this Security Instrument; (b) is ran personally obligated to pay the same segued by this Security Im mum eu; ad (e) agms that Under and any, other borrower may saw to extend, modify, imbmr or make any aecomewduieas with regard to the terms of this Security inauurnmt or the Note without that Borrower's coolant. ft -P4&1uPAI aaai.on Pq,a a$ wwgla Bood562fA69 .8555 £IZ60d B6£££tVZL TL-QI 1DVH188V HZIN8Hd Z£:TT ZB-6T-£0 8,:91512d Wtltl£: L L 6Z/6 1./£0 :;B UJ8AS8S uo XUIWT44 X06 am 4 13. Notices. Any nation to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing It by tint dare mail unles applicable law requires use of another method. The rod= "I be directed to the Pneparry Address or any other address Bo=wer dslgmems by notice to Lamles. Any notice to lender shall be given by first due mdl to Lnder's address stated herein or soy Address Leader dedsmin by notice to Borrower. Any Haim provided far in this Security Instrument shall be deemed to have been given to Borrower or Leader when given as provided in this im mgraph. 10. Coveenfog Law; Severahllity. This Security Instrurnan YWI be goverand by Federal law and the law of the jurisdiction In which the Property is located. In the event dial any provision or douse of this Security Instrument or the Note conflicts with applicable law, such confilet "l net affect odwr provisions of this Security Instrumam or the Note which ran be given affect without the conflicting provision. To this cad the provisions of this Security Instrument and the Note are declared to be severable. IS. Borrower's Copy. Borrower shall be given one conformed copy of the Note end of this Security Instrument. 16. Hresarlons Substances. Borrower shall rat cause or permit the presence. use, disposal. storage, or release of .ray Ilacardies Substances on or In the Property. Borrower shall W do. raw allow anyone else to do, anything affecting the Property that is in violation of say Environmental Law. The prcmJdng two to mnms shell not apply in the protean, we, or storage an the Property of small qumtRles of Hazardous Subdomm that aes generally rsoognlsad in be appropriate te normal residential wee and to maintenance of the property. Borrower shall promptly give larder writ= anti= of any invatlgation, denim, dermal, lawsuit or other sexton by any gorertuoemY or regulatory agency or private parry involving the Property and any ifarardons Substance or Btlvironmonal law of which Borrower has sexual knowledge. If Borrower kerns, or is Milled by any governmental ' or regulatory authority, that any removal on other remagstion of any taardous Substances ¦ffeclfng the Property is commonly, Burrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used fn this paragraph 16. "Board= Substances' ere those substances defined at trade or hazardous; 'substances by Environments] Law ono the hollowing substances; gasoline, kcammac, other titummble o toxic petroleum products, tactic pesticides and barbicides, volatile solvems, materials containing mbosu s or formaldehyde. and radioactive materials. As used in this paragraph 16, _lZbommenal Law' means federal laws and laws of the jurisdiction where the Property is located that retae to health, safety or enwironmenal protection. NON-UNIFORM COYBNANTS. narrower and Lander funkier covenant and agree in follows: 17. Assignment of Rents. Burrower unconditionally assign and trwfers to Lender all the recto and revetrtee of do Property. iswrowae snduwises lender or Lender's egress to millet the reds nil revenues and hereby directs each 1etW of the Property to pay the Met: W Lender ar leodO's agents. However. prior to l.aas's Haim in Bortwer of Botrower's breach of my covenant o agreement in the Seca ft Irornmtept. Borrower shall collect and receive all rest and ro=oms of the Property as trustee for the benefit of Lender and Borrower. Thu Rsigairent of rents constdtuta an absolute assignment and not an assignment for additional security only. If Lender gives notim of breach to Harrower: (a) all rent. received by Borrower shall be held by Boiro cr u trustee for benefit of Lmdu only, to he applied to the sums secured by the Security Instrumect; (b) Lender OWL be entitled to collect and receive all of the rents of the Property: and (c) each tom of tie Property shaft pay Ail rags due and unpaid to Lender or Undar's agent on Leader's write= demand to the tenon. Borrower has not executed any prior assignment of the tons and her not and will rot perform MY set that would prevent Lender from exercising its rights under this paragraph 17. Lender ahtli not be rewired to later upon, take control of or maintain the Property before or after giving anti= of breech to Borrower. However, lender or a judicially appointed radver may do w at cry time there is a breach. Any application of rents shalt not cure or waive my default or Invalidate any *ilia right at remedy of feeder. This assignment of rents of the Property shall terminus when the debt secured by the Security butmman Is paid in fall. -KRIPA) nsaacn ewe M a I ,Nis-arla"?' ? ' goot1562pAct 856 £T/80d 66£££4ZLTL-GI .LaVHIGSV HZIN311d Z£:TT Z0-6T-£0 L t86ed Wdi1£ LL Z/6L/20 :1a UaBA tag u0 Xyig6iy} 106 am 0 • E 18. Foreclosure Procedure. If Leader requires immediate payment in fug under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender ahau be entitled to called all expenses incurred In pursuing the remedies provided in this paragraph 18, Including, bar not limited q attorneys' fee, and costs of title evidence. If the Ltnder'e Interest In thin Security Instrument Is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the noujudi)al power of sale provided in the Single Family Mortgage ]Foreclosure Ae of 1994 CAW) (12 V.S.C. 87SI rrseq.) by requesting a forMlONrs commissioner designated under the Act to eummes,ce foreclosure and to sell the Property as provided in the Act. Nothing In the preceding presence shag deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums starred by this Serenity Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charpo to Borrower. Borrower shall pay stay mountains, cow. 20, waivers. Borrower, to the extent permitted by applicable law, walvat and releases say error or detects in procsdings to onto= mss Security Instrument. and hereby waives the bancth of any psalm or fume laws provltius for stay of execution. extsmion of time, exemption From attachment, ivy and sale, and homestead exemption. 21, Ad antemamt Period. Borrower's rime to minslae provided in patMOO 10 shall extend to core hour prior to the eommcocement of bidding at a sheriff's sale "other ash: pursuant to this Security instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Sourity instrument is less 19 Borrower to acquire title to the Prop", this Security Instrument shall be a purchase moray mortgage. 23. Interest Raft After Judgment. Borrower ¦gteve the the interest rue payable aftcr a judgmem is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from it= to time uoder the Note. 24. Riders to this Security Instrument. If one or more rides are executed by Borrower and rocutdod together with this Security inum es •, the covenants of each such rider shall be incorporated into and shall amad and supplement the ravraatns WA agrcemema of this Security Instrument u if the rider(s) were A pus of this Security Ins [Cho* applicable box(m))• . Condorainlum Rider Growing Equity Ride Other (specify) Plxorcd d Unit Development Rides EJ Graduated Payment Rider *-MRIPAI Iss"a, wrrMe WIZ eL £T/Lod 06£££7Z4TL-GI eood5621`11CL 857 1OVH1897 1I3IW311d T£:TT 38-6T-£0 g :6612d Wtlh£ LL ?OZ/61,/£0 :lN tl,xan.xaS O0 )( sty} 106 am 4 BY SfOMNO BELOW, Borrower weepB sad aV_ go Ilte terms contained in thts SeeOriry In t uncot sod in coq ridge(s) executed by Baawver and recorded with It. Witnesses: ?y&,?r 421 (SaJ) DnY16 Ilae*abejtQes -aorN?ver for / (ScY) -BOrrmwr (Seal) -som4wer -Bmmwar (sea) 40ne er -BOrwwet (SCAD 4kw .r Cerelficateof dente _ 1?4 do hereby certify thY the correct addters of ytg/G :?. ?CVg/ I , ,s. the wlthina uv;l Lender is 7s-N, Fol"Va `/e./ceWap f .Z//i Witness ity bend this 61A dyyof 17Gt?dflJ.` 1929 • 645a6/ nzsHa a aowso • ,yes, of U der COMMONWEALTH OF PENNSYLVANIA, CUNBLRLAND CoUntys On this, 6th day of AU¢Uet, 199.9 , before mo, the undersitnod oftka, perw,Wly appcated Dsvid K. Rosenberger known m me (or sati f clotily proven) to be person whose acme ie subscribed to the within inmrusnew and acknowleW 11161 executed 1110 6 gon, for the pmp ws herein contained. IN WITNESS WHEREOF, l herewe, sat my head and official teal. My Commission HOTNaK SEAL ..?•..•.. s.;, sltl Lit afzrolt. HBTMrr Pugg C eouHn caBtiaTwtw aYBFAUlm 2001 s 6 .. ??> e ' b• J '/ , . 2 W CaYYe4Y0M IntW APR p4aaylvarh mouxo not Homer gemew . . y : . . TBS al ptraar -P4RIPAIo Wl ry.aA1 ?' u, >•L AM mt .h ._ r-? t r'l ,? n? vCv } :Ar'. ?':7' t BOOKirJGZ?AGE .8? £T/90d 06£££taZLTL-GI 10Vi1199V 112IIWH11d T£:TT Z0-6T-£0 S, :a6ed Wtifi£: LL apZ/6L/£0 :;e dlansaS uo Xasit(} 106 am • ALL THAT CERTAIN tract of land siutate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the venter of Township Road No. 348 (also known as Farm Road) on the dividing line between too Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence by said dividing hoe, South 7 degrees 30 minutes East 189.32 feet to an iron pin; thence by land now or fotmerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by land now or formerly of David Fetrow, North 7 degrees 8 minutes West 185 feet to a spike in the eager of Township Road No. 349 aforesaid; thence by the center of said Road, North 65 degrees 52 minutes East 100 foot an the Place of BEGINNING. CONTAINING 0.357 acre, more or less, and being Lot No. I on the Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 112. BEING the same premises which James A. McManus sad Jillian D. McMams, husband and wife, by their Deed dated July 30, 1999, and recorded in the Office of dte Recorder of Deeds in and for Cumberland County immediately prior to the recording of this Mortgage, granted and conveyed unto David K. Rosenberger, Mortgagor herein. eaori,562?acL 859 0 £T/S0d 66£££VZLTL-Cl 10VU192V iln IWntld BE:TT Z0-6T-£0 03-1902 11:30 PREMIER TRACT ID-7 433390 P04/13 7 W No. ul-doa7gos ADJUSTABLE RATE RIDER1snd...' uoooealo THIS ADJUSTABLE RATE RIDER Is aside this 6th day of August 1999 and is inaugurated !me sod "I be deemed m amend and supplement the Mortgage, Deed of Trust or Security Deed ('Security Imtruotent7 Of the sNne dam given by the undersigned ('BOrrower•) to secure Borrower's Note ('Note') to PITO Mortgage Corp. Of Aaries, An Ohio Corporation (the Rader') of the same date and covering the property described In the Security Lmtrmmit and located at; 229 Eouthaide Drive Newille, PA 17211 V Woo Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE SORROWER'S INTEREST RATE CAN CHANCE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the ecvenanta and agreements made in the Security Instrument, Borrower and leader further coycro t ad agree sm fallen: Vf[IMEST RATE AND MONTHLY PAYMENT CHANGES W Change Date The interest rate mar ehanga on the first day of aaas.ary, 2001 , and ate that day of each succeeding year. 'Change Due" mew each date an which the interest race could change. (B) The Jades Bashudog with the first Change Date, the interest rate will be based on an Index. •Itdat' mew the weekly average yield on United $tem Treasury Securities ad)asted to a eorotms maturity of one yen, as nude available by the Federal Rmovs Board. 'Current Index' means the moat ream Index figure available 90 days before the Change Due. It the Index (m defined above) is an longer available, Lander will arm as a new index a" index proscribed by the Secretary. As used in this Rider, 'Secretary, meant the Secretary of Housing and Urban Development or his or her dedgme.• fender will give Borrower notice of the new Index. Fl14. Mutrasar ARM lilder -etas ?•PW1me9 nersaae usrs rnaNa t hplNa Nrtl,t s Bood562PASIi, 860 IL We got this FAX On ServerA at: 03/19/2002 11:34AM Page: 4 £ .:a6Sd WU+lR:LL 00Z/6L/£0 :;S dsansa5 u0 XvSTgq 406 em • (C) Calculation of Interest Rats Changes Before esch Change Data, Lander will calculate a new internal rue by adding a margin of Tao pummaze point(s) ( 2.000 %) m the Currant Index and rounding the son to the ammst crA mSMh of am pracemage point (0.125%). Subject to the limits stated in paragraph (D) of this Rider. this founded amount will be the slew Interest rare until the next Change Data. (D) IJmlts m imtereat Rae Comages Tha existing ietoresa rate will moue incrsec or dourene by mote than ore pereeatev polm (1.0%) an any single Change Dare. The interest rate will never be more than five poromtsge points (5.0%) higher or lower than the initial bacral rata, as stated in paragraph 2 of the Note. (8) Calcination of payment Change If the inmmu rate changes on a Change Date. Leader will calculate the amount of meotdy payment of phra4pal and interest which would be accessary an repay the unpaid principal bdemc in fail at the Maturity Date at the new huarest rate through substantially equal payments. In making such calculation, Leader will use the unpaid principal balance which would be owed on the Change Date if them had bom no default in payment an the Note, roduccd by the amount of any prepayments to principal. The result of rids calculation will be the amount of the mw mcaddy payment of principal and internat. (F) Notice of Change, Lender will give =dot to Borrower of many change in the interest two and monthly payment amount. The notice must be Sim u least 25 days before the new monthly payment amount is due, and must se, forth (I) the • dale of the oodce, (it) the Change Date, (lid) the and interim are, (iv) the new interest rate. (v) the now monthly payment arnoum, (vi) the Current Index and time dart it was publisbad, (vii) the method of calculating the change in monthly paymmm amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Chasiges, A new Intemix me calculated in accordance with paragraphs (L) and (D) of this Rider will become effective on the Cbange Data. Borrower shill snake a payment In the new monthly amount beginning on the rim payment date which occurs at taut 23 drys after Lender her gW= Borrower 0e, =rice of changes required by paragraph (F) of this Rider. Borrower shall have no obligation to pay any increase In the monthly payment amount ealculawd in acomisce with paragraph (E) of this Rider far may payment date occurring lens than 25 drys after Lender pas given the required notice. It the monthly payment amount calemiated in accordance whb paragraph (E) of this Bida decreasnd, but Lander failed to give timely =tire of the decrease and Borrower nude any mmomhly, payment uma nts exceeding the payment amount which obould have ben at" in a timely notice, dam Borrower bas the option to either (i) demand the Mum to Borrows of any exee n payment, with interest thereom at the Note rats (a rate equal to me interest rate which should have been sated in a timely miles), or (di) request that my excess payment, with Interval thereon at the Note rate, be applied ax payment of principal. Less obligation to mum any tao ce payment with In[eru[ an demand is not assiguble even if the Now is Otherwise assigned hefcm the dcm&M for return is made. ?NWrmwn eMaMx ?e vaod562 rm asi E ET/Sed 86000VZLIL-Ul SDviISSSv Hal Naad 6a-TT Z9-6T-S0 03-19-02 11:29 PREMIER TRACT ID-7AW433390 P02/13 4 BY SIGNING BELOW. Borrower amcpu and agrees to the laws and covewata eoamirod in this Adjjwta_b?le RRate Rider. q) r^°"-Q• (Seal) (Seal) avid A asub?r -Bc mwu -aorrvwer -tbnawer Aleaewer (Seal) -Baroewr (Seal) •bmwar (seal) •brroawr -brrowa k591"ea nwsaa State OI Panflovenia tt "aunty of CUmbedandJ 8fi p ad' the olfiee fa the rewrding i Uwda oc nd?rM?Cahn (r((^-''?''??? in 8 g v1R v+itn M hatb?ol oili a l 1 r r Carlisle' PA k d acial562raj 862 4 We got this FAX on ServerA at: 03/19/2002 11:34AM Page: 2 VERIFICATION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. 0 C7 .. i C y ? ? -? lG ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-01513 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS ROSENBERGER DAVID 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 ROSENBERGER DAVID K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , ROSENBERGER DAVID K 229 SOUTHSIDE DRIVE NEWVILLE IS VACANT. POST OFFICE HAS NO FORWARDING ADDRESS FOR DAVID. Sheriff's Costs: So;answ Docketing 18.00 Service 8.28 Not Found 5.00 R. Thomas K i e Surcharge 10.00 Sheriff of Cumberland County .00 41.28 GRENEN & BIRSIC 04/09/2002 Sworn and subscribed to before me this /Z,±" day of Q&j _ R, ft .,7- A. D. Prdt1fonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, vs. DAVID K. ROSENBERGER Defendant. NO.: 02-1513 ISSUE NUMBER: TYPE OF PLEADING: MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA No.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, Washington Mutual Bank, F.A, successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, by and through its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: On or about March 28, 2002, Plaintiff filed a Complaint in Mortgage Foreclosure against the Defendant, David K. Rosenberger, at the above-captioned number and term. 2. On or about March 28, 2002, Plaintiff delivered to the Sheriff of Cumberland County a copy of the Civil Action - Complaint in Mortgage Foreclosure filed by Plaintiff at the above-captioned number and term along with direction cards requesting that Defendant be served a copy of the Complaint at his last known addresses being 229 Southside Drive, Newville, PA 17241. 3. On or about April 12, 2002, Plaintiff received Notice from the Cumberland County Sheriffs Office indicating that attempts were made to serve Defendant, David K. Rosenberger with a copy of the Complaint at last known address being 229 Southside Drive, Newville, PA 17241 but that there was no answer. A true and correct copy of the Sheriffs Return is marked Exhibit "A", attached hereto and made a part hereof. 4. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant and the reasons why service of the Complaint in Mortgage Foreclosure cannot be made, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Sheriff of Cumberland County to serve Defendant, David K. Rosenberger with the Complaint in Mortgage Foreclosure by posting a copy of the Complaint on the property at 229 Southside Drive, Newville, PA 17241 and permit the Plaintiff to serve Defendant, David K. Rosenberger by mailing a true and correct copy of the Complaint in Mortgage Foreclosure by certified mail, return receipt requested and by First Class U.S. Mail, postage pre-paid to 229 Southside Drive, Newville, PA 17241. Service of the Complaint shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. GRENEN & BIRSIC, P.C. BY: Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT A SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-01510 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS ROSENBERGER DAVID K 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 ROSENBERGER DAVID K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT ROSENBERGER DAVID K 229 SOUTHSIDE DRIVE NEWVILLE IS VACANT. POST OFFICE HAS NO FORWARDING ADDRESS FOR DAVID. Sheriff's Costs: So answers-:_? -'? /- - -? Docketing 18.00 Service 8.28 %. Not Found 5.00 R.' Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 41.28 GRENEN & BIRSIC 04/09/2002 Sworn and subscribed to before me this day of A. D. Prothonotary EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION No.: Plaintiff, vs. DAVID K. ROSENBERGER Defendant. AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) ) SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kristine M. Faust, of GRENEN & BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, David K. Rosenberger, named in the above-captioned matter: a. On April 12, 2002, Plaintiff mailed to the United States Postmaster at Newville, PA 17241 , a request to be furnished with a forwarding address of Defendant, David K. Rosenberger. b. On April 18, 2002, Plaintiff received a response from the United States Postmaster indicating that the Defendant David K. Rosenberger has left no forwarding address. A true and correct copy of that response is marked as Attachment "A", attached hereto and made a part hereof. C. Examinations were made of the Newville Area Telephone Directory; however, said examinations failed to yield any useful information regarding the whereabouts of Defendant, David K. Rosenberger. d. Examinations were made of the Cumberland County Voter Registration Records; said examination failed to yield any useful information regarding the whereabouts of Defendant, David K. Rosenberger. e. A computer records search of a nationwide database failed to yield any useful information regarding the whereabouts of Defendant, David K. Rosenberger. Finally, affiant deposes and says that after the foregoing investigation, the exact whereabouts of Defendant, David K. Rosenberger remains unknown to the Plaintiff. GRENEN & BIRSIC, P.C. BY: Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this day of 2002. ?C1 i (? n C?\ ? o1?A 1`6?!`wC l? 1 Notary Public Notarial Seal Patricia A. Townsend. Notary Public City of Pittsburgh. Allegheny County My Commission Expires June 2, 2003 Member, PennsyNaniaAssociation of Notaries ATTACHMENT A a Date April 12, 2002 0 Newville, PA 17241 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name: David K. Rosenberger Address: 229 Southside Drive, Newville, PA 17241 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Paralegal 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc. f//k/a PNC Mortgage Corp. of America v. David K. Rosenberger 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued:02-1513 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature as n Christine A. Galvin , ?Z 1 Printed Name Grenen & Birsic, P.C., One Gateway Center, Nine West, Pittsburgh, PA 15222 (412) 281-765?r FOR POST OFFICE USE ONLY 1 ?( _ No change of address order on file. POSTMARK Not known at address given. NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS Moved, left no forwarding address No such address. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court and Order of Court was mailed to the following on this day of 2002, by First Class, U.S. Mail, postage pre-paid: David K. Rosenberger 229 Southside Drive Newville, PA 17241 GRENEN & BIRSIC, P.C. BY: Z-4-b --. Kristine Faust, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA No.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. ORDER OF COURT AND NOW, to wit, this day of 2002, upon consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby directed to serve Defendant, David K. Rosenberger with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting the property at 229 Southside Drive, Newville, PA 17241 and Plaintiff is permitted to serve Defendant, David K. Rosenberger, by certified mail, return receipt requested and First Class U.S. Mail, postage pre-paid at 229 Southside Drive, Newville, PA 17241. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. BY THE COURT: W, .< Ci s>-' 7- u. I, W7 - CO L L CJ U J WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC : MORTGAGE CORP. OF AMERICA, Plaintiff V. DAVID K. ROSENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1513 CIVIL TERM ORDER OF COURT AND NOW, this 10h day of May, 2001, upon consideration of Plaintiff's Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above- captioned Defendant, David K. Rosenberger, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendant's last known address and the mortgaged premises at 229 Southside Drive, Newville, PA 17241, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. Service by mail is to be deemed complete upon mailing. to- 1??RsIc- 00603 BY THE COURT, VII/IOASNN9d J..Nnrio dj,*7?e3 ,vuno 0 G: I WY L I AGW ZQ Kristine M. Faust, Esq. GRENEN & BIRSICK, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 Attorney for Plaintiff I . • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, ISSUE NUMBER: VS. DAVID K. ROSENBERGER Defendant. TYPE OF PLEADING: Praecipe to Reinstate Civil Action - Complaint in Mortgage Foreclosure CODE- FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A NO.: 02-1513 PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. DAVID K. ROSENBERGER Defendant. PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO:PROTHONOTARY SIR: Kindly reinstate the Civil Action - Complaint in Mortgage Foreclosure with respect to the above-referenced matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. By: Attorneys for Plaintiff o 0 U7 C= 2a o ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, vs. TYPE OF PLEADING: DAVID K. ROSENBERGER Defendant. Proof of Service FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. PROOF OF SERVICE Kristine M. Faust, Attorney for Plaintiff, Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs Complaint in this matter on Defendant, David K. Rosenberger: Pursuant to Order of Court dated May 16"', 2002, service of the Complaint in Mortgage Foreclosure upon Defendant was deemed complete and valid upon mailing by the Plaintiff by certified mail, and by first class mail, postage prepaid, addressed to David K. Rosenberger at 229 Southside Drive, Newville, PA 17241, and by posting of a copy of the Complaint, by the Sheriff of Cumberland County, at the property located at 229 Southside Drive, Newville, PA 17241, and by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania. A true and correct copy of said Order of Court is marked Exhibit "A", attached hereto and made a part hereof. On June 21, 2002, Plaintiff mailed the Complaint in Mortgage Foreclosure to Defendant, David K. Rosenberger, at 229 Southside Drive, Newville, PA 17241, by certified mail, return receipt requested and by first class mail, postage prepaid. A true and correct copy of the U.S. Postal Service form 3800, Article Number 700204600001 578 8 8 8 1 5, and the Certificate of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "B", attached hereto and made a part hereof. On or about June 28, 2002, the Sheriff of Cumberland County posted the Complaint on the property located at 229 Southside Drive, Newville, PA 17241. A true and correct copy of the Sheriffs Return is marked Exhibit "C", attached hereto and made apart hereof. 4. On or about July 3, 2002, The Valley Times, a newspaper of general circulation in Cumberland County, Pennsylvania, published the Notice to Defend. 5. On or about July 5, 2002, the Cumberland Law Journal published the Notice to Defend. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY: Ccs L`7 LCi Krt 'ne M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2002. SCE ? Notary Public G Nebecca GNotarial Seal Blazing, Notary Public Glty nr Pittsburgh, ppegheny County My Commlasion Expires June 2, 2003 Hirlber, ennsylvanla ASaOCiati00 OtNOfanea EXHIBIT A 0 WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC : MORTGAGE CORP. OF AMERICA, Plaintiff V. DAVID K. ROSENBERGER, Defendant 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1513 CIVIL TERM ORDER OF COURT AND NOW, this 16'' day of May, 2001, upon consideration of Plaintiff s Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above- captioned Defendant, David K. Rosenberger, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendant's last known address and the mortgaged premises at 229 Southside Drive, Newville, PA 17241, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. Service by mail is to be deemed complete upon mailing. q. BY THE COURT, EXHIBIT B U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER )r _ Received From: Grenen & Blrsicr PC. _ nlln Cnin re"{° nl' ? ? -, r Tyr1TCY4L l One Piece of ordinary mail addressed to dil ro roan ao t f, January zuul I 7t7 C _ ?j11 IN fife fee'hers IRSlamps or meter-postagg rind: post mark. Inquire of Poslmester for content (ee. Y ) 1 -j ?- a ¢m 0 F 3 l??? 8 A rr o 4 t CD k «... . W v _b ' C13 C Postage $ / rt-d,l-UL. M1 fn Certified Fee ra Return Receipt Fee Postmark Here C3 (Endorsement Required) O O Restricted Delivery Fee (Endorsement Required) C Total Postage a Fees ..0 :11- ° Sent T o P id N E3 . . --------- Street' Apt No.; or PO Box No. --- ------------- - , yt L LI M1 - city, state, Yff,Ill I ....._.---...--_--- '!SC-..-Y hiii r04 1-7JU1 EXHIBIT C SHERIFF'S RETURN - REGULAR CASE NO: 2002-01514 46 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS ROSENBERGER DAVID K KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSENBERGER DAVID K the DEFENDANT at 1105:00 HOURS, on the 28th day of June , 2002 at 229 SOUTHSIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 229 SOUTH- SIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with r and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Posting 6.00 Surcharge 10.00 .00 42.28 So Answers: R. Thomas Kline 07/01/2002 GRENEN & BI 'IC Sworn and Subscribed to before By: me this day of A.D. Prothonotary CERTIFICATION OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Proof of Service was mailed by U.S. First Class Mail, postage pre-paid, on the c?!Day ofAV2L 12002, to the following: David K. Rosenberger 229 Southside Drive Newville, PA 17241 GRENEN & BIRSIC, P.C. BY: Krsitme M. Faust, Esquire Attorneys for Plaintiff ? .:; - - , r irr. u _':- .? ? - ,_.. ir> ; ' '- -<., > ?_, _ -- . °'> ?+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, ISSUE NUMBER: vs. DAVID K. ROSENBERGER Defendant. I hereby certify that the address of Plaintiff is: 75 Fairway Drive Vernon Hills, IL 60061 the last known address of Defendants is: 229 Southside Drive Newville, PA 17241 TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA (412) 281-7650 GRENEN & BIRSIC, P.C. Atto eys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. DAVID K. ROSENBERGER Defendant. CIVIL DIVISION NO.: 02-1513 PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, David K. Rosenberger, in the amount of $81,027.53, which is itemized as follows: Principal $72,552.23 Interest to 8/7/02 $ 5,396.70 Late Charges to 8/7/02 $ 231.73 Escrow Deficiency to 8/7/02 $ 96.87 Attorneys' fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 1.500.00 TOTAL $81,027.53 with interest on the principal sum at the rate of $15.12 per diem from August 7, 2002, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GREENEN & BIRSICt, P_.C BY: ?/ ALA i ?? ?l G LC: Kristine M. Faust, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Faust, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant was not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. l,'a7 G iz C< k c' \? C &a4-? Sworn to and subscribed before me this q x_ __day of - (r Wf 2002. Notary P blic Notarial seal ER6eoca G. 131azina, Notary Public of Pittsburgh, Allegheny County Commission Expires June 2, 2003 Member, PennsylvaniaASsociationotNotaries 0 41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/KJA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, VS. DAVID K. ROSENBERGER Defendant. TO: David K. Rosenberger 229 Southside Drive Newville, PA 17241 DATE OF NOTICE: July 26, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 (717) 249-3166 By: FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. Atto?tti;ys for Plaintiff! One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-1513 Plaintiff, VS. DAVID K. ROSENBERGER Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: David K. Rosenberger 229 Southside Drive Newville, PA 17241 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $81,027.53. with interest on the principal sum at the rate of $15.12 per diem from August 7, 2002, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. tl-- BiL f/_ / ? _ ? ? eputy ? ? -r , ? ? ii ii i ?? ?? °n ?„ -? -? w :?. C ? ?, °? ' .__ , =r ?ti: - SHERIFF'S RETURN - REGULAR CASE NO: 2002-01513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS ROSENBERGER DAVID K KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSENBERGER DAVID K the FENDANT at 1105:00 HOURS, on the 28th day of June , 2002 at 229 SOUTHSIDE DRIVE NEWVILLE. PA by handing to POSTED PROPERTY AT 229 SOUTH- SIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Posting 6.00 Surcharge 10.00 .00 42.28 So Answers: R. Thomas Kline 07/01/2002 GRENEN & BIRSIC Sworn and Subscribed to before By: me this S'? day of UO-L A.D. / ar y1XsQG1 otry c?thon IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America vs. David K. Rosenberger ( ) Confessed Judgment ( ) Other f / y- File No. b2 - /?S`/3 01;_ L l4Yeih $81,027.53 l Amount Due Interest 1,903.96 Atty's Comm TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 9/0 y Signature: Print Name: Kristine M. Faust, Esq. Address: One Gateway Center, 9 West Attorney for: Telephone: Pittsburgh, PA 15222 Plaintiff 412-281-7650 Supreme Court ID No.: 77991 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. k To index writ, file separate praecipe with writ. t- .y O si r i .? CC : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. FWA PNC MORTGAGE CORP. OF AMERICA NO.: 02-1513 Plaintiff, VS. DAVID K. ROSENBERGER Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 229 Soutside Drive, Newville, PA 17241 is, Defendant, David K. Rosenberger, who resides at 229 Southside Drive, Newville, PA 17241, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME TH`IS' 'DAY OF - X2002. Qs- Notary Public Voi w d 4? l tl? ?i tii id Vela Publlr { t ! hcm ounty i -U03 N? W ? r(?li£/;? A 'fiUdtU i0 ?:JIdf125 C) !n mfr _J 7 [' _ -. tC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P.S 101 ET SEO AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendant written notice pursuant to 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason(s) that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1701-1715z-18) [35 P.S. §1680.401C(a)(3)). Additionally, Plaintiff was not required to send Defendant written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason(s) that said Mortgage is not a "residential mortgage" as defined in 41 P. S. § 101 and the Defendant is not a "residential mortgage debtor" as defined in 41 P.S. §101. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2002. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of David K. Rosenberger located at 229 Southside Drive, Newville, PA 17241 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID K. ROSENBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF PENN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. DEED BOOK VOLUME 205, PAGE 549, PARCEL NUMBER 31-13-0112-044C. 1. The name and address of the owner(s) or reputed owner(s): David K. Rosenberger 229 Southside Drive Newville, PA 17241 2. The name and address of the defendants in the judgment: David K. Rosenberger 229 Southside Drive Newville, PA 17241 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, F.A., PLAINTIFF successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America 4. The name and address of the last record holder of every mortgage of record: Washington Mutual Bank, F.A., PLAINTIFF successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Department of Welfare Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants 229 Southside Drive Newville, PA 17241 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ??LCJt.L???? C6J Kri title M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this _ -?? day ofo 2002. Notary Public tS v `` , I-lit r. -<- lU -L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: David K. Rosenberger 229 Southside Drive Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse 2nd Floor, Commissioner's Hearing Room One Courthouse Square Carlisle, PA 17013-3387 on December 4, 2002, at 10:00 A.M., the following described real estate, of which David K. Rosenberger is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID K. ROSENBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF PENN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. DEED BOOK VOLUME 205, PAGE 549, PARCEL NUMBER 31-13-0112-044C. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America Plaintiff, VS. David K. Rosenberger Defendant at Execution Number 02-1513 in the amount of $82,931.49. Claims against the property must be filed with the Sheriff before the above sale date. 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 later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. 13, Kilgtine M. Faust, squire Attorney for Plaintiff n q ? ?.' _? "'? f _\ i t`? `? ?_ ?? ? _. ? ?? `i7 ^c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-1513 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff (s) From DAVID K. ROSENBERGER, 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,027.53 L.L. $.50 Interest $1,903.96 Atty's Comm % Due Prothy $1.00 Atty Paid $155.56 Other Costs Plaintiff Paid Date: SEPTEMBER 11, 2002 CURTIS R. LONG Prothonota (Seal) Deputy REQUESTING PARTY: Name KRISTINE M. FAUST, ESQ. Address: ONE GATEWAY CENTER, 9 WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION ISSUE NUMBER: Plaintiff, vs. DAVID K. ROSENBERGER Defendant. NO.: 02-1513 TYPE OF PLEADING: SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 CODE- FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, VS. DAVID K. ROSENBERGER Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/ka/ PNC Mortgage Corp. of America, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of David K. Rosenberger located at 229 Southside Drive, Newville, PA 17241, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID K. ROSENBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF PENN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. DEED BOOK VOLUME 205, PAGE 549, PARCEL NUMBER 31-13-0112-044C. I . The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Scott J. Anderson 20 N. Seasons Drive Dillburg, PA 17019 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. te7 Kristine M. Anthou, Esquire Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME THIS \\,` IDAY OF (?? , N 2002. Notary Public --?? Noianal Seal Patricia A. "fownsend, Notary Public City of Piitsbm-gh, Allcy.heny Cowlly My Colu[nission Lxpirc:. June 2, "_'003 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION ISSUE NUMBER: Plaintiff, vs. NO.: 02-1513 DAVID K. ROSENBERGER Defendant. TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: December 4, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129. 1, as well as all persons named in Plaintiff's Supplemental Affidavit pursuant to Rule 3129.1 as follows: By letters dated September 10, 2002, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated October 1, 2002, undersigned counsel served the persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing are marked Exhibit "B", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY: Kr&s' e M. Aitihou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me thisday of 2002. Notary Public Notnria! Seal Patricia A. 7bwnv,, r jd . Aota,, I Public L'Ity OP r I[[SbG:t "h?n ( r rn} MY' Con rt tssinr MemUer, Pennsycan;a Assr,?;+tior, of r\io? ;ne _J I EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, vs. x DAVID K. ROSENBERGER Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY ) SS: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of David K. Rosenberger located at 229 Southside Drive, Newville, PA 17241 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID K. ROSENBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF PENN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. DEED BOOK VOLUME 205, PAGE 549, PARCEL NUMBER 31-13-0112-044C. I . The name and address of the owner(s) or reputed owner(s): David K. Rosenberger 229 Southside Drive Newville, PA 17241 2. The name and address of the defendants in the judgment: David K. Rosenberger 229 Southside Drive Newville, PA 17241 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, F.A., PLAINTIFF successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America 4. The name and address of the last record holder of every mortgage of record: Washington Mutual Bank, F.A., PLAINTIFF successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Department of Welfare Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants 229 Southside Drive Newville, PA 17241 I verify that the statements made in the Affidavit are true and convect to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ? C? Kr&'M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this. day of 2002. Notary Public Notari?' Sra1 ?-? Patricia H "1'rnt•m:d. N', • ? . n y Puhlic Citc ..( i?ii[Si'Lrhrn aLc};nem.. ('aunt n,:?n!si;,;, r:xpve: h;uc ,? .a(i3 Member, PennsyvaniaASSOC18119n0 i?' io,ar:es U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER I+ Received From: Grenen & Birsic, PC. ON r2-t@W mater Nine West Pi}}ch in star We or NrgA PA 45222 " One piece of ordinary mail addressed to, ? , to (? ! 2 t ? ?+ f .p l ? O C V Zvi r ? A O m ma D = t t # I o T OM Co 3 i ° ? - . m wo o to PS Form 3817, January 2001 -i )- 3rJ c? c???bero ec a «. ,. « « , « l? Q r1n zs s m m can ' O on $ Q yZ C: CD U.S. POSTAL SERVICE CERTIFICATE OF MAILING in s QO MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER or me a post t?rk. I f W ? mrr? n n Co ;o A ?, y y Received From: Grenen & Birsic, P.C. Postrlater fee. R m N ac ro ?i Z r 1AM HO n 70 1 .----urgh PA 15222 wit 1? T 1 •\'??" rmn no piece of ordinary mail addressed to: r " O - L99f! S } 2 2 I iaw ad l µ r? .?, v 8 a. 4 PPS Form 3817, Janua 0 4?71 "' : * + t n U.S. POSTAL SERVICE CERTIFICATE OF MAILING N &A in stG? ps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER « r po a posst?ark. I dF Posba t Received From: es er rtem ree. o C N ? Grenen & Birsic, P.C. H0 One ateway enter, Ine est Piffsourign PA 15222 &M V One iec f di il ?L ??• p e o or nary ma adtlresS9d [o: '37k1--*- 1\ le I tan r li lit P?rrO 38 , Jan 200 DS 1 UjC Fc a ° N 'S7 N ro N Z, C fD rt I.. Y W? r i i z IQ O ? C rtn N Y 0000 ?zza- ?m =T ? T12y- n 4mc sz0m zz R oy Wm yr-m 10 aa?z ° s COWO Oa a zw o m 2 T 02 a m 0 T O N n n I P? r n C H 9? um m ?m Cow ? Y' 2 ? 1 g) 1 Ni V ?a I ?? s 1 `?-s w r » r F ? » ..r a • ji EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION ISSUE NUMBER: Plaintiff, NO.: 02-1513 vs. DAVID K. ROSENBERGER TYPE OF PLEADING: Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 CODE- FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Washington Mutual Bank, F.A., successorto Washington Mutual Home Loans, Inc., f/ka/PNC Mortgage Corp. of America, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of David K. Rosenberger located at 229 Southside Drive, Newville, PA 17241, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID K. ROSENBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF PENN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. DEED BOOK VOLUME 205, PAGE 549, PARCEL NUMBER 31-13-0112-044C. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Scott J. Anderson 20 N. Seasons Drive Dillburg, PA 17019 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. i Kristine M. Anthou, Esquire Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME THIS bAY OF ??,? , 2002. Notary Public Notarial Scal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association of Notaries 4 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & Birsic, P.C. Ong Qta ay Conte; Nipe We st Pittsburgh PA 15999 One piece of ordinary mail addressed to: ti. PS Form 351 1, January 2001 9(? /Uj?? Agk4pp ti 84 in stamps or meYel,postage and post rhg4. Inquire of Poshn6*r for current tee. sir: f P)b? r? Y- ` _ .. '? ...4 .r - < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION ISSUE NUMBER: Plaintiff, NO.: 02-1513 Vs. DAVID K. ROSENBERGER TYPE OF PLEADING: Defendant. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS CODE- FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: December 4, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-1513 Plaintiff, VS. DAVID K. ROSENBERGER Defendant. Pa RCP RULE 3129 2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on December 4, 2002 as follows: 1. David K. Rosenberger is the owner of the real property and has not entered an appearance of record. 2. On May 15, 2002 this Court entered an Order authorizing Plaintiff to serve Defendant by posting the property; publishing once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania; and serving the Defendant by certified mail return receipt requested and first class mail to addresses set forth in the Order, with service to be valid upon posting, publication and mailing. A true and correct copy of the Order is marked as Exhibit "A" attached hereto and made a part hereof. 3. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on September 10, 2002 the undersigned counsel served Defendant, David K. Rosenberger, with a true and correct copy of Plaintiff s notice of the sale of real property by certified mail, return receipt requested, and on September 30, 2002 by regular U.S. mail postage prepaid, addressed to 229 Southside Drive, Newville, PA 17241. A true and correct copy of the U.S. Postal Service form 3800, Article Number 7002 0460 0001 5788 9102, and the Certificate of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "B", attached hereto and made a part hereof. 4. On October 9, 2002 the Notice of Sheriff's Sale was published in the Valley- Times Star and on October 11, 2002 in the Cumberland County Law Journal. True and correct copies of the Proofs of Publication, are marked Exhibit "C" attached hereto and made a part hereof. 5. On October 3, 2002, Sheriff's Office of Cumberland County posted the property located at 229 Southside Drive, Newville, PA 17241. A true and correct copy of Sheriff's return of Service is marked Exhibit "D", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS SAY OFQ???-)_ 2002. Notary Public Notaiia, seal Patricia A. I , ownsund. Notary Public City or Piltsbur"ii, Mlegheuy Cou"ly My Coinniission F-Tires Jn"e 2. 2003 Member, F'ennsyioan. aHSSOCaaUOnofNotaries EXHIBIT A WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC : MORTGAGE CORP. OF : AMERICA, Plaintiff V. DAVID K. ROSENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1513 CIVIL TERM ORDER OF COURT AND NOW, this 16`t' day of May, 2001,.upon consideration of Plaintiff's Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may obtain service of the complaint on the above- captioned Defendant, David K. Rosenberger, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendant's last known address and the mortgaged premises at 229 Southside Drive, Newville, PA 17241, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting upon the mortgaged premises. Service by mail is to be deemed complete upon mailing. BY THE COURT, EXHIBIT B U.S. POSTAL SERVICE CERTIFICATE OF MAILING or mater anq post v k. Inq of! MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT postrr* terior. er}t PROVIDE FOR INSURANCE-POSTMASTER fee. o w, a 0 { Received From: Grenen & BirsiC, P.C.'?'= ' es _ One Go One piece of ordinary mail addressed to: PS Form 3817. January 200'I? U.S. Postal Service i CERTIFIED MAIL RECEIPT r l • Ill F F " ! C t e p g L U ? w'7 E co Postage $ - 37 Q - I C? - C] a r CerBNed Fee a . 3v Ln Postmark a Ratum Recelpt Fee 1 rj Hem O (Endomement Required), C3 Restricted Delivery Fee ,IPostage &Few , $ -, QaH sent 5F _Qe o ?'s'Ir? r- C EXHIBIT C rroot or rubllcatlon of f4otlce in THE VALLEY TIMES-STAR COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA VGBPC Debbie A. Chestnut, being duly sworn according to law, deposes and says that she is the Editor of "The Valley Times-Star", which is a weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by the News-Chronicle Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having it's principle place of business at 1011 Ritner Highway [P.O.. Box 100], Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on it's behalf, that the printed notice, advertisement or publication attached hereto is the same as was printed in the regular editions & issues of "The Valley Tires-Star" on the following date(s): October 9, 2002 Copy of Notice of Publication Affiant further deposes that neither she nor "The Valley Times-Star" and The News- Chronicle Company have any interest in the subject matters of the aforesaid noticeor advertisement, and that the facts set forth in the foregoing affidavit are true & correct. Sworn a>?d subscribed before me this 8 •( day of j&iE_ M Zof _ Notarial Seal Clayton L Johnston II, Notary Public Shippensburg Twp., Cumberland County My Commission expires Aug. 30, 2004 To: "The News-Chronicle" Shippensburg, PA 17257 For publishing the notice attached hereto: On the stated date[s] ..... 5 5 4. 6 0 Affidavit ............... S 2.00 Total .................. S S 6- 6 0 NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA- WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F5VA PNC MORTGAGE CORP: OF AMERICA NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant, Notice of Sheriffs Sale of Rea Estate on December 4, 2002, at 10:00 A.M. in the Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, One Courthouse Square, ,Carlisle, PA 17013-3387. ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID K. ROSENBERGER OF, IN AND TO THE FOLLOW- 'ING DESCRIBED PROPERTY.-. , ALL THE FOLLOWING DESCRIBED REAL ESTATE i SITUATED IN -TOWNSHIP -OF PENN COLTMrY € #. CV ? BERLAND, AND COMMONWEALTH aF PENNSYLVANIA HAVING ERECTED THEREON A DWELLING, BEING { KNOWN AND NUMBERED ,AS 229 SOUTHSIDE DRrYE NEWVILLE, PA 17241. DEED-BOOK VOLUME 205, PAGi. 549, PARCEL NUMBER 31113-011"4 Washington Mutual Bank, F.A_ successor to Waahmgt, i Mutual Home Loans, Inc., fAda ENC Mortgage'COrp. of Amer- i ica v. David K. Rosenberger, at EAecutio. ,No. 02-I,S„13 in, the amount of $82,931:49. - Schedule of Distribution will be filed by the Sheriff on the date specified by the Sheriff no later than thirty (30) days,€>bm sale date. Distributions will be made in accordance with ths'schedule unless exceptions are filed within tin Wdays of the filing of the 'Schedule. Kristine M..knt6u,Esquire Grenen & Bnrs One Gateway Center, 9 West , ;. Pittsburgh, 1'A;150a2' , . - (412) 281-7550 Adv. VTS Oct. 9 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz OCTOBER 11, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 11 day of OCTOBER 2002 - NOTARd1L SEAL LOFS E. SWDER, MWY Pd* Car" Boro, Cumberland COO My Comrni W Eon wmh 59 3 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No.: 02-1513 WASHINGTON MUTUAL BANK. F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff. VS. DAVID K. ROSENBERGER Defendant. thirty (30) days from sale date. Dis- tributions will be made in accor- dance with the schedule unless ex- ceptions are filed within ten (10) days of the filing of the Schedule. KRISTINE M. ANfHOU, ESQUIRE GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 Oct. 11 Notice of Sheriffs Sale of Real Es- tate on December 4, 2002 at 10:00 A.M. in the Cumberland County Courthouse, 2nd Floor. Commis- sioner's Hearing Room, One Court- house Square. Carlisle, PA 17013- 3387. ALL the right, title, interest and claim of David K. Rosenberger of, in and to the following described property: ALL the following described real estate situated in Township of Penn, County of Cumberland, and Com- monwealth of Pennsylvania. Having erected thereon a dwelling being known and numbered as 229 South- side Drive. Newville, PA 17241. Deed Book Volume 205, Page 549, Parcel Number 31-13-0112-0440. Washington Mutual Bank. F.A., successor to Washington Mutual Home Loans. Inc., f/k/a PNC Mort- gage Corp. of America v. David K. Rosenberger, at Execution No. 02- 1513 in the amount of $82,931.49. Schedule of Distribution will be filed by the Sheriff on the date speci- fied by the Sheriff no later than EXHIBIT D Washington Mutual Bank, F.A., successor In The Court of Common Pleas of To Washington Mutual Home Loans, Inc. Cumberland County, Pennsylvania f/k/a PNC Mortgage Corp. of America Writ No. 2002-1513 Civil Term VS David K. Rosenberger Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on September 18, 2002 at 10:16 o'clock AM, she 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: David K. Rosenberger, by posting the premises pursuant to court order, located at 229 Southside Drive, Newville, Cumberland County, Pennsylvania. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on October 3, 2002 at 9'44 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David K. Rosenberger located at 229 Southside Drive, Newville, Pennsylvania, according to law. 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 named defendants to wit: David K. Rosenberger, by regular mail to his last known address of 229 Southside Drive, Newville, PA 17241. This letter was mailed under the date of October 2, 2002 and was returned, unopened, to the Sheriffs Office on October 7, 2002 marked "Moved, Left No Forwarding Address." Sworn and Subscribed to Before Me This Day of 2002, A.D. Prothonotary So Answers: foo R. Thomas Kline,-Sheriff BY Real Estat Deputy ? 5 _ ?. "L _ tT;? ._.? t i-.. - ` r J t : ?, .? -? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Washington Mutual Bank is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 11th day of September, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1513, at the suit of ashington Mutual Bank F S successor to Washington Mutual Homes Loans Inc fka PNC Mtg Corp of America against David K Rosenberger is duly recorded in Sheriff's Deed Book No. 255, Page 357. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A 3,-,( day of ll -? , A.D. 2002 Recorder of Deeds Washington Mutual Bank, F.A., successor In The Court of Common Pleas of To Washington Mutual Home Loans, Inc. Cumberland County, Pennsylvania f/k/a PNC Mortgage Corp. of America Writ No. 2002-1513 Civil Term VS David K. Rosenberger Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on September 18, 2002 at 10:16 o'clock AM, she 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: David K. Rosenberger, by posting the premises pursuant to court order, located at 229 Southside Drive, Newville, Cumberland County, Pennsylvania. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on October 3, 2002 at 9:44 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David K. Rosenberger located at 229 Southside Drive, Newville, Pennsylvania, according to law. 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 named defendants to wit: David K. Rosenberger, by regular mail to his last known address of 229 Southside Drive, Newville, PA 17241. This letter was mailed under the date of October 2, 2002 and was returned, unopened, to the Sheriffs Office on October 7, 2002 marked "Moved, Left No Forwarding Address." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kristine M. Anthou for Washington Mutual Bank, F.A., Successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America. It being the highest bid and best price received for the same, Washington Mutual Bank, F.A., Successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America of 11200 West Parkland Avenue, Milwaukee, WI 53224, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $740.44, it being costs. Sheriffs Costs: Docketing 30.00 Poundage 14.52 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 16.56 Certified Mail 5.11 Levy 15.00 Surcharge 20.00 Law Journal 274.70 Patriot News 203.35 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $740.44 Sworn and Subscribed to Before Me So Answer This Day of R. Thomas Kline, Sheriff 2003, A.D. ro honotary B YS- Real Estat eputy 3b' Ln) 1' U-- 3119 S' p.t,, i35).2-7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-1513 Plaintiff, VS. DAVID K. ROSENBERGER Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of David K. Rosenberger located at 229 Southside Drive, Newville, PA 17241 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID K. ROSENBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF PENN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. DEED BOOK VOLUME 205, PAGE 549, PARCEL NUMBER 31-13-0112-044C. 1. The name and address of the owner(s) or reputed owner(s): David K. Rosenberger 229 Southside Drive Newville, PA 17241 2. The name and address of the defendants in the judgment: David K. Rosenberger 229 Southside Drive Newville, PA 17241 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, F.A., PLAINTIFF successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America 4. The name and address of the last record holder of every mortgage of record: Washington Mutual Bank, F.A., PLAINTIFF successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Department of Welfare Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants 229 Southside Drive Newville, PA 17241 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Kri M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this day of o 9 ;? , 2002. Notary Public NNprvv ?caf Patricia A "1 'm n•:rnd, NotLr, F b u: Gh ;? art '[n rt r -r!x:x uc i? ? rl? MbrnSer,Pennspart;aASsouatlono.P•io:ari s M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: David K. Rosenberger 229 Southside Drive Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse 2°a Floor, Commissioner's Hearing Room One Courthouse Square Carlisle, PA 17013-3387 on December 4, 2002, at 10:00 A.M., the following described real estate, of which David K. Rosenberger is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID K. ROSENBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF PENN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. DEED BOOK VOLUME 205, PAGE 549, PARCEL NUMBER 31-13-0112-044C. r 1 . The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America Plaintiff, vs. David K. Rosenberger Defendant at Execution Number 02-1513 in the amount of $82,931.49. Claims against the property must be filed with the Sheriff before the above sale date. 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 later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. r 11 . You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. ti a M. Faust, squire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-1513 Plaintiff, vs. DAVID K. ROSENBERGER Defendant. LONG FORM DESCRIPTION All that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: Begininning at a spike in the center of Township Road No. 348 (also known as Farm Road) on the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence by land now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by land now or formerly of David Fetrow, North 7 degrees 8 minutes West 185 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, North 65 degrees 52 minutes East 100 feet to the Place of Beginning. Containing 0.357 acre, more or less, and being Lot No. 1 on the Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 112. Being the same premises which James A. McManus and Jillian D. McManus, husband and wife, by Deed dated July 30, 1999 and recorded in the Recorder of Deeds of Cumberland County on August 6, 1999, in Deed Book 205, page 549, granted and conveyed unto David K. Rosenberger. GRENEN & BIRSIC, P.C. By: ?... Kristi . Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No.: 31-13-0112-044C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N002-1513 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff (s) From DAVID K. ROSENBERGER, 229 SOUTHSIDE DRIVE, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,027.53 L.L. $.50 Interest $1,903.96 Atty's Comm % Due Prothy $1.00 Atty Paid $155.56 Other Costs Plaintiff Paid Date: SEPTEMBER 11, 2002 CURTIS R. LONG Prothonot (Seal) Deputy REQUESTING PARTY: Name KRISTINE M. FAUST, ESQ. Address: ONE GATEWAY CENTER, 9 WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Real Estate Sale # 32 U. 3_ L On September 13, 2002 the sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA known and numbered as 229 Southside Dr., Newville more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 13, 2002 By: ?J 0 S?V?) Real Estate Deputy O C;M Ca 1W THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Pa triot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ?_ :: - ... COPY hisl4th day Noverh r 2002 A.D. ?Sooiorn to subs S A L E #32 7 Notarial Seal Terry L. Russell, Notary Public REAL ESTATE SALE No 32 Dauphin County of Harrisburg Cit . Writ No. 2002-1513 . y My Commission Expires June 6, 2006 NOTARY PUBLIC Civil Term Washington Mutual bank, , Member, Pennsylvania Association of Notaries My commission expires June 6, 2006 F.A., Successor to Washington Mutual Home Loans, Inc. CUMBERLAND COUNTY SHERIFFS OFFICE Mortgage Corp. . of of America CUMBERLAND COUNTY COURTHOUSE vs CARLISLE, PA. 17013 David K. Rosenberger ADEstlneFaust LONG FORM DESCRIPTION N Statement of Advertising Costs All that certain tract of land situate in Penn To THE PATRIOT-NEWS CO. Dr. Township, Cumberland County, Pennsylvania, bounded and described as , For publishing the notice or publication attached follows: hereto on the above stated dates $ 201.60 Probating same Notary Fee(s) $ 1.75 Total $ 203.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... Beginning at a spike in the center of Township Road No. 348 (also known as Farm Road) on the dividing line between Lots Nos. I and 2 on the hereinafter mentioned Plan of Lots; thence by land now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by land now or formerly of David Fetrow, North 7 degrees 8 minutes West 185 feet to a spike in the renter of Township Road No. 349 aforesaid; thence by the center of said Road, North 65 degrees 52 minutes East 100 feet to the Place of Beginning. Containing 0.357 acre, more or less, and being Lot No. i on the Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 112. Being the same premises which James A. McManus and Jillian D. McManus, husband and wife, by Deed dated July 30, 1999 and recorded in the Recorder of Deeds of Cumberland County on August 6, 1999, in Deed Book 205, page 549, granted and conveyed unto David K. Rosenberger. Parcel #31-13-0112-044C. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 32 Writ No. 2002-1513 Civil Washington Mutual Bank, F.A., Successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America Vs. David K. Rosenberger Atty.: Kristine Faust LONG FORM DESCRIPTION All that certain tract of land situ- ate in Penn Township, Cumberland County Pennsylvania, bounded and described as follows: Rog r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 NUTARK SEAL V - LOSS E. EWDER, Notaq Public Calf.sla , Ctl?ltlaww COW* W CO's Expos Matdt 55, M Begininning at a spike in the cen- ter of Township Road No. 348 (also known as Farm Road) on the divid- ing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence by land now or for- merly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by land now or formerly of David Fetrow, North 7 degrees 8 minutes West 185 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, North 65 degrees 52 minutes East 100 feet to the Place of Beginning. Containing 0.357 acre, more or less, and being Lot No. 1 on the Plan of Lots of Thomas E. Meals, as recorded in the Office of the Re- corder of Deeds for Cumberland County in Plan Book 23, Page 112. Being the same premises which James A. McManus and Jillian D. McManus, husband and wife, by Deed dated July 30, 1999 and re- corded in the Recorder of Deeds of Cumberland County on August 6, 1999, in Deed Book 205, page 549, granted and conveyed unto David K. Rosenberger. Parcel No.: 31-13-0112-044C. v