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HomeMy WebLinkAbout00-01404 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. l '-". " - "',., ',',r-~}"'I:~, ''''- . ':"-P'-"~_'''' "-,,, "..,,'1,.. "_,, _Y.. - - -~__ ~ .,- CIVIL DIVISION No. 2000-1404 Civil PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE Code 140 Mortgage Foreclosure Filed on behalf of Plaintiff Counsel of record for this party : Louis p, Vitti, Esquire PA J.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.c. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 .. "-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, Ys. No. 2000-1404 Civil STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: CUMBERLAND COUNTY PROTHONOTARY Enter judgment in Default of an Answer in the amonnt of $104,421.38, in favor of the Plaintiff Fifth Third Mortgage Company, et al. in the above-captioned action, against the Defendant Stephen P. & Sheila J. Brudowsky and assess Plaintiff's damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $ 86,681.70 Interest from 3/1/99 to 4/18/00 (Plus $18.4050 per day after 4/18/00) 7,619.68 Late charges (Plus $33.55 per month on the 17th day of each month after 3/1/00 - 7/6/00 - $134.20) 327.35 Attorney's fee 4,334.09 Escrow Deficit (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) 5.458.56 Total Amonnt Due $104.421.38 .; The real estate, which is the subject matter of the Complaint, is situate in E. Pennsboro Twp., Cumberland Cty., P, being Lot 43 on Final Subdivision Plan 5 of Treemont in PB 53, p 149. HET a dwg. k/a 1044 Hemlock Lane, Enola, PA 17025. Containing 10,479 sq. ft. PIN 09-13-0998- 084. (;1uOu~ Louis P. Vitti, Esquire Attorney for the Plaintiff - '''0- -,' ~"_ -, ,'-~'_' I ,,-,-, "_<__c '_.e_"_' ,~ ~,<,o, .'_'_ -,'" -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. No. 2000-1404 Civil STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certifY that a Notice of Intention to Take Judgment was mailed to the Defendants, in the above-captioned case on AprilS, 2000, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. ByKG( }jt; LOUIS P. Vitti, squire Attorney for Plaintiff SWORN to and subscribed before me this 18th day of April, 2000. ~m~~ Nelarial Seal Arm M. Gonzales, Notary,PubIIc Pittsbu h. Alleghany County My Com: Expires~. 17, 2000 Mumb8~ no '.lJ!lI . h __'_'__"'1'" ",~ > , .''7 'c_~. ,- - .'.-' -"--~- ~ -- -~ -. o 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. No. 2000-1404 Civil STEPHEN P BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. IMPORTANT NOTICE TO: STEPHEN P. BRUDOWSKY 1020 Valley Road Enola, PA 17025 SHEILA J. BRUDOWSKY 87 Cherry Lane Carlisle, PA 17013 Date of Notice: April 5, 2000 YOU ARE [N DEFAULT BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGA[NST YOU WITHOUT A HEAR[NG AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING 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 BY: ouis P. VI', squire Attorney for Plaintiff 9[6 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** -11" I~" r - ~, "" _ , ~M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF CUMBERLAND, BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members ofthe Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made nnder the provisions of the Soldiers and Sailors Civil Relief Act of 1940. (>;%nCjuJt: Louis P. VIttI, Esquire SWORN to and subscribed before me this 18th day of April, 2000. ~ rvl~ I\lIIlarl8I t!...",.... &f"'~ My ,~.17,2000 n -~ .". I~" ~,. ~--'- ,.,." -.< ,- r ",~- ",--" p ,., ,~ :;rr ! - _._~. .-. .--'. ~,--.~ ~ f'\ ~ ~ ~ <v\' .t' ~ E :>, ~ .......' { ~ ~€;)R~ ~ ',' ~\~ -{) '" ---' S\ ~(~. . t3"w~ ~ ~ ~ ? >--. ~G\ \ j' 'J:' ~ ~ ~_. l","'_ ~ ~",. _~_ :-, T.~~ _"."' .' " n 0 S~ C..:> -:-(:_1" C,.' . ,J n: :--::] ~7 : ,-:'1 : N u ) ~li (j, " , : " ~ '.', -:::'e::;: "q - (_"5 , r-'. : i--n , ;:';) )> c= :_~_:_'i :;::::, ,- .cc_, -<: (n :-<. ~ IIIIllllll ~"""'_"~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs, STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. - ~ _, '_" ~_ ,-I ~ .-'-,', - ,-. .. .;"0=;'_ ' . - ,,~ '-c_">.--o .. CIVIL DIVISION No. 2000-1404 Civil PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code 140 Mortgage Foreclosure Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA LD, #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ''''_.,''---, ,0,,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. No. 2000-1404 Civil STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $104,421.38 Interest from 4/19/00 to 7/6/00 @ $18.4050 per day 1.454.00 Total $105.875.38 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in E. Pennsboro Twp., Cumberland Cty., P, being Lot 43 on Final Subdivision Plan 5 of Treemont in PB 53, p 149. HET a dwg. k/a 1044 Hemlock Lane, Enola, PA 17025. Containing 10,479 sq. ft. PIN 09-13-0998-084. ~~u~. Louis P. Vitti, Esquire Attorney for Plaintiff i I i I I I I "'''' ':L"-"~ - - -~, __'' e" '0' ,0,<"_,__::, __,,~ ,"",'_00,">___ _ __,' _;~" - ,_ ,r.,_, ~, __~. _ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs, No. 2000-1404 Civil STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants, AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendants are the owners of the real property on which the Plaintiff seeks to execute. That the Defendant Stephen P. Brudowsky's last known address is 1020 Valley Road, Enola, PA 17025 and the Defendant Sheila J. Brudowsky's last known address is 87 Cherry Lane, Carlisle, PA 17013. (5nJ~' Louis P. Vitti, Esquire SWORN TO and subscribed before me this 18th day of April, 2000. ~ fVJ. drv,~ Notary Public NUiaI= Ana.t&. Gu,..Lllll, 'NlIlc ~'~.'.".':'Oc, My CoriimlsS!!in,1:xtJIIil8 Aug. 17. 2000 m I. Il\lSY !-. , , ,,~,"'- " ,- :Ir .7 ~ ~', "", "-. ..','- "'^.'- - ."'l " , _,-' " ,~ "_", ----,~-",., - -- "~--".- . 1! . - ~ I'~, ~.'-' ~\ F0'I~ ,\~ "f"' ~ ,'^ --. ~ ~ {; ~ ~~~. . ~. \~ ~ 0. ~ ce' -f- -p- 1"'l"""""-~~'~' , C) ~~ ~~t~ (ii " ~r': :::;;; ~...::j -< """':"'''''''''~ ~ ~ - ',-' . "",-"". - (0) c- _",I c:) "~:!; co" ~ " ::0 :-.j l':':G N eil :~ ('..) .. ~~ ~l; -< <.:q '-._0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. No. 2000-1404 Civil STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. AFFIDA VIr PURSUANT TO RULE 3129.1 Fifth Third Mortgage Company, et at, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1044 Hemlock Lane, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Stephen P. Brudowsky 1020 Valley Road Enola, P A 17025 Sheila J. Brudowsky 87 Cherry Lane Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as #1 above. 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) , I Integra Mortgage Co. 335 Fifth A venue Pittsburgh, PA 15222 Citifed Mortgage Corp. of America 1 Citizens Federal Centre Dayton, OH 45402 First Union Home Equity Bank, N.A. Cons-14 0361 Charlotte, NC 28288 NationsCredit Consumer Discount Co. 3300 Hartzdale Drive, Suite 107 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Twp. & Sewage 98 South Enola Drive Enola, PA 17025 PAWC 852 Wesley Drive Mechanicsburg, PA 17055 Court of Common Pleas of Cumberland Connty Domestic Relations Division POB 320 Carlisle, PA 17013 Commonwealth of P A - DPW POB 8016 Harrisburg, PA 17105 Tenant/Occupant 1044 Hemlock Lane Enola,PA 17025 -~" - I verifY that the statements made in this affidavit are tme and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.S. Section 4904 relating to unsworn falsification to a rities. ,~. April 18. 2000 Date SWORN TO and subscribed before me this 18th day of April, 2000. ~rvl.jj~ Notary Public AmJLC::'= MYC=~=-~.17.2000 n '~','~ ~ . ,..,.,..,,~.~ , ,'" l\'I!l o ~: "1);::;" rn(T; ;=~:i" (;) 2i ~53 2: ------.I. -< a o C) :r_1t'o- -,:] ;:0 ;"J uc -".'17' '....:; ,--\ j ~-;' ~:-; , ;~~'rl"~ 5~~ ~ v :J~ ~ !:;"- C...1 .~ , ~"1''!I1:_~~~~~'''~~lMil~\l!l'f!1'l~~~ ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO RULE OF CIVIL PROCEDURE 3129.1 TO: Stephen P. Brudowsky 1020 Valley Road Enola, P A 17025 Sheila J. Brudowsky 87 Cherry Lane Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse, Carlisle, PA on July 6, 2000 at 10:00 AM the following described real estate, of which Stephen J. & Sheila J. Brudowsky are owners or reputed owners: E. Pennsboro Twp., Cumberland Cty., P, being Lot 43 on Final Subdivision Plan 5 of Treemont in PB 53, p 149. HET a dwg. k/a 1044 Hemlock Lane, Enola, PA 17025. Containing 10,479 sq. ft. PIN 09-13-0998-084. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Fifth Third Mortgage Company, et al. v. Stephen p, & Sheila J. Brudowsky at No. 2000-1404 Civil in the amount of $104,421,38. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. 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 yo,u more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE TillS 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 TWO LmERTY AVENUE CARLISLE, PA 17013 717-249-3166 ~" ~, You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment ~lls entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment, You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defect~ in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale ancl before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petitio~ to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is file~ in the Office of the Sheriff. ~~. Louis P. VI I, squire Attorney for Plaintiff 916 Fifth A venue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ** ~'RS'iffl: ," 1--.'< .-, ALL that certain tract or parcel of land and premises, situate, lying and being in the Tawnshi.p of East I'ennsboro, County of Cumberland, and Commonwealth of I'ennsylvania, more particularly described as follows: BEGINNING at a point on the southern right of way line of Hemlock Lane a common corner of Lot Nos. 43 and land now or formerly of Stan Hutichinson; thence along said right of way line South 77 degrees 22 minutes East 85.00 feet to a point~ common corner of Lots Nos. 42 and 43; thence along said Lot No. 42, South 12 degrees 38 minutes West, 120.00 feet to a point, at lands now or formerly of Stan Hutichinson; thence along said lands North 77 degrees 22 minutes West, 89.65 feet to a point, a common corner of Lot No. 43 and lands now or formerly of Stan Hutichinson; thence along said lands North 14 degrees 51 minutes 14 seconds East 120.09 feet to a point, the place of BEGINNING. CONTAINING 10,479 square feet. BEING Lot No. 43 as shown on Final Subdivision Plan No. 5 of Treemont prepared by D.I'. Raffensperger Associates of Camp Hill, dated August 25, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 53, Page 149. HA VING erected thereon a dwelling known as 1044 Hemlock Lane, Enola, P A 17025. PIN 09-13-0998-084. BEING the same premises which Stephen P. Brudowsky and Sheila J. Brudowsky, by deed dated July 20, 1993 and recorded on September 15, 1993 in the Cumberland County, Pennsylvania. Recorder of Deeds Office in Deed Book Volume 36N, page 466, granted and conveyed unto Sheila J. Brudowsky. ~ - 1-" "~ . I II II II I I Ii I II II I I I I I, l~. - ^~ ~"'I" ......, ..... ..",.-,.,," 'III~_M~ "~~ C) r::':i 0 C c:> p " J::J", ~, 8:: -.--1 " ~"'.J rTl " --4 ~JJ 7- / l, ,'0 C (J) U~ LJ -:::2:: (-; ~:C) ~~ c=:' "'TJ " :-:1;.: :::0 ;i.:C, ( ) !'J c-- m C ~J /.:.. c--i =< ',. j> ::.1:1 Ul -< ~" ",1II~_~~~!lW:~~~~~~~m~~""","",,"~ Wt"",,,, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants, '" . " -, - "-~I-"-' ; "" -" '-' , .- '-' .- ~ . "/,,-,^ -. .,.--,,--,...', . CIVIL DIVISION No. 2000-1404 Civil AFFIDAVIT OF SERVICE Code 140 Mortgage Foreclosure Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA J.D. #3810 Supreme Court #01072 Louis p, Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 "-~--' ,- ,~ " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. No. 2000-1404 Civil STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. AFFIDAVIT OF SERVICE I, Danielle Lardo, do hereby certifY that a Notice of Sale was mailed and served on all lien holders by Certificate of Mailing for service in the above-captioned case on April 28, 2000, advising them of the Sheriff's sale of the property at 1044 Hemlock Ave., Enola, PA 17025, on September 6, 2000. LOUIS P. VITTI & ASSOCIATES, P.C. BY C2J~ ~ Danielle Lardo SWORN to and subscribed before me this 21 st day ofJuly,2000. ~c M. dr;~ NolmtaISeIII Ann M. Gonzales, ~ MY~=~,17.2000 ~moo~ n ,'. ._"C~. ~"I _ -~"'- - " , ~'" - "' ., :1 ~\ -,,~,,"~,d 10 I .--. o o u,~. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER ~ne fS hlU.9 in stamps i~1 ,ibstage and rk Inquire of os t>>for current ~~ Ji. :!1 OUNl~O :1 O.l!t .~ fJ) {.., ~ i ~Ii~"; ~ t~lf ~~~I~ -00,,", Received From: lOUIS P. VITTI & ASSOCIATES. P.Co' 916 FIfTH AVtNUI:. One piece of ordinary mail addressed to: c. --~, 0/ ~~ r" ..~ I ! 'i~~" C:", 'I 'x 1<1 \:tl.", \><.. '\ ""):..~ I""'!' \J) , ~J!:t;: " " ~ ./ ')>, " ...,~. - ~---,.. ...._';> " It/ 'I \.\\\\.) "-'=.- TENANT/OCCUPANT 1044 HEMLOCK LANE PS Form 3817, Mar. 1989 BRUDOWSKY One piece of ordinary mail addressed to: Affix fee here in stamps or meter postage and rflISlttJ l1UIrk*lnquire of &'i.W'eiter for current ':''10 ," Ji. -'N lit * :!10UNll!'o -~ :10.l!t"" ,..;- ue~ ~. {{ij" \ c~ ~\n '" 0- g (~/i~?~ \ f. 01 # I i .;:s "I'i """,, I: 0 I~ \ c:. \, ::.::/:: J > ." \(~'>-~/~0 ;:: ~III "--:.._':___.',i.,:~'~ -. N ~ "'CO'" N -0 -O-.J B'fu'i3~SKY ~"-- =--~".- .- . U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Re'tourS'P. VITTI & ASSOCIATES. P.Co' 916 FIFTH AVENUE PITTSBURGH, PA 15219 COMMONWEALTH OF PA DPW POB 8016 PS Form 3817, Mar. 1989 One piece of ordinary mail addressed to: Affix fee here in stamps or meter postage and ~:sORark~nquire of ePSO\'\tster for current I:!!o"""" * NN .. . :!1 OUNI~O g O~ ~\ ~ 0.. ')) ,p/~ ~. 0 ,t~ I;} ~~~~.. 'G':; ",0-011 \'r--.\ .'~ / .....~) 1:1 to .(r~~ 'i;;;-$;: '~: ~III "<:c,:,~ VI CO '" N -0 -'O-.J ..000\ BRUQOWSKY.._ ' A( SERVICE CERTIFICATE OF MAILING ~SED FOR DOMESTIC- AND~INTERNA TIONAl MAil, DOES NOT JIDE FOR INSURANCE POSTMASTER Received From: lOUIS P. VITTI & ASSOCIATES. P.C. 916 fit I H AVI:.NUE PITTSBURGH, PA 15219 (412)281-1725 COURT ,OF COMMON PLEAS OF CUMBERLAND COUNTY DOMESTIC KELAII5NS DI~ POB 320 CARLISLE PA 17013 PS Form 3817. Mar. 1989 'r" , . 'f-Io I ~ BRUDOWSKY '..~__ :C'~_='O::-'-.:::==--:::::-'":"'7':'~ ___~;:c:=-__ tll'-N , ~fY43h~ In stamps tar postage and oJ?'markw..lnQUire of PosMlastef'for current j!leQiNlttD :::/O_~" ~. (:)., \, ;;; 0\1'; P/~~ :~b ' ~ ;: ~~II ~~~ I -"0-..1 -COO- o u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Re,<l-&~.S' P. VITII & ASSOCIATES. P.C. 916 FIFTH AVENUE PITTSBURGH, PA 15219 MIL) 281-1/25 ...<" "0 One piece of ordinary mail addressed to: /c'\./~r I ~",'-'. tJ 1 '/ ''1 .. PAWC !<r;' ';\f;,O \~ ,'f-.,:; f \.......ee , ? 852 WESLEY DRIVE ; ,en I " )' ,,;.1\ ...\)~ r.: ~!ECWdUC3Bllittj FA 17055 <i~',.", '>:><c~(> !f,/';-6.0 Y PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Re'torns P. VITTI & ASSOCIATES. P.C. 9Hi FIfTH N/[NU[ PITTSBURGH, PA 15219 (412)281.1725 One piece of ordinary mail addressed to: TWP & SEWAGE 98 3BllIII EN6LA DRIVE ENOLA PA 17025 PS Form 3817. Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Re't!Otfl'S"P. VITTI & ASSOCIATES, P.C. 91fl FIFTI-I AIIENUE PITTSBURGH, PA 15219 o Affix fee here in stamps or meter postage and 9dsPrrnfl-k.*'nquire of Jiflsthn4:er for current lill~.t- ... WN lit ... ] OUNI~~ :::/ O_~; ~. (') %, ~ glt~l ~~ ,.O"'lb V ~lll ~ ~~~~ -000. RRTffiOWBKY,," Nfbfu, hW in stamps 15 ~ettf postage and '~ 'lWr~lnquire of aRraster for current ee. ... ] OUNIl'Q) :::/O_~4 ~. ("~ w. c 0- ~ ~ 01' I" ~ ~O~II ~:~III -000. One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 BRUDOWSKY ~ '~"',,," , o U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Re.'t'O'l1rs P. VITTI & ASSOCiATES, p.e, 915 FIFTH N!ENUE PITTSBURGH, PA 15219 (412) 281-1725 One piece of ordinary mail addressed to: /~s\\_ PI?~ EQUTTY I '0/ ^~,r FIRST UNION ROME I /n(<.~,J ',\'"(.jJ BANK NA 1':::;( \\\'\, \00\ i v ~ .~ -,:;'":l J COl~ 5 1" 5361 .....".,'., .,\\ lCJ CHARLOTTE NC 28288 \.~;.;~~-'".- >"h ~;J~___ '<\"".; '. , " .' :,.':> PS Form 3817, Mar. 1989 U.S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER , 1;1 1'; i'i RtOUts"P. VITTI & ASSOCIATES. P.C. 915 FIFTH AVENUE PITTSBURGH, PA 15219 (412) 281-1725 :.1 11 One piece of ordinary mail addressed to: :! CITIFED MORTGAGE CORP OF AMERICA '1 li U ~;I! ~J 1 DAYTON OR 45402 PS Form 3817, Mar. 1989 I Ii ", I! iil ':1 l! I' I I' I;: Ii 1.1 :.'1 !I i:! BRUDOWSKY U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER i:' Re~+Snp. VITTI & ASSOCIATES. P,C. 916 FIFTH AVENIIF PITTSBURGH, PA 15219 (412) 281-1725 4 P17l>-. !e.! -.., '-..,0/,...\ j ", r"J:..> \""\ I'~-;' ",~:,;,l, 'f,) , , "" " ~ ,'''' '" IX ,(/1\ ,,~"; \ > '~j / "',.1 '., >~;"t> >-_._<.:< ~I -"" 1-/1 'J i,\ \) ;/ ."___ .J!__,", One piece of ordinary mail addressed to: I';' INTEGRA MORTGAGE CO 335,FIFTR AVE PGM PA L'i~~~ ii PS Form 3817, Mar. 1989 I,; I' i) L' ril hi ,.,1 I"~ ,". o ~ifi!eeiJe,*in stamps &;J At~ postage and ~~k.*nquire of IGbsbllaster for current fee.. ... :!10 ''1'0 -< 0 ~ ~ f.~ ~ i g; It~) ~ t~l~ ~~~~ '-0 o a-. BRUDOWSKY 0-000 ... Aj'fjtufee here in stamps or l})(lter ,*stage and posf-mark. Inquire of :Ho"*".lP,r current ~'O ~ -" ! g\il) ~ ~o~~' " ~ ; ~I'I ~O"" -00,,", Affix fee here in stamps p(J '(!)11m. p5ftage and ~~l"Qtfk. Inquire of s.tQ1u;erlor current eN It ... :!10l!Nt'l'D ::fO~~~. ~. {') 'it, ~ g;lt~ i ~ ~Ocill~ # ~ ~ ~III ~O"" -.000' BRUDOWSKY . ,~, " <<'- - --- .,-~ 'te-~'-'" mWI"'< ~- /""I. ,-~ ,,_"if .,,"'-- ",. <c_ '", . _"" .." _ -~ ~!I~11il t ( en rnl Z' Zr. U), ~ r:C < ~C )>:C c ~' - . ~_,r """""~--,- .-'" . '.' ::~.( '" 1.11.....", Fifth Third Mortgage Company as In The Court of Common Pleas of Successor by merger to Citified Cumberland County, Pennsylvania Mortgage Corporation of America, Asignee No, 2000-1404 Civil OfInterga Mortgage Company -vs- Stephen P. Brudowsky and Sheila J. Brudowsky R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Share of Bills Law Journal Patriot News 30.00 17.55 15.00 15.00 .50 1.00 29.14 .74 15.00 40.00 30.00 23.53 344.45 333.11 $ 895.02 pd by arty 12/01/00 Sworn and subscribed to before me ~~ R.Thomas Kline, Sheriff This 51[:! dayof~, ) 2000, A.D. Ck Q /ndj~.v ,~- r onotary BY#.~.~ Real Estate Deputy ",-~~,-~ ~ I ,.," I, s1J 31)1)'V , Clt- 041'" ~_ JD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. No. 2000-1404 Civil STEPHEN p, BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Fifth Third Mortgage Company, et al., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1044 Hemlock Lane, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Stephen P. Brudowsky 1020 Valley Road Enola, P A 17025 Sheila J. Brudowsky 87 Cherry Lane Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as #1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage ofrecord: Name Address (Please indicate if this cannot be reasonably ascertained) Integra Mortgage Co. 335 Fifth Avenue Pittsburgh, PA 15222 Citifed Mortgage Corp. of America 1 Citizens Federal Centre Dayton, OH 45402 First Union Home Equity Bank, N.A. Cons-14 0361 Charlotte, NC 28288 NationsCredit Consumer Discount Co. 3300 Hartzdale Drive, Suite 107 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Twp. & Sewage 98 South Enola Drive Enola, P A 17025 PAWC 852 Wesley Drive Mechanicsburg, PA 17055 Court of Common Pleas of Cumberland Connty Domestic Relations Division POB 320 Carlisle, PA 17013 Commonwealth of PA - DPW POB 8016 Harrisburg, PA 17105 Tenant/Occupant 1044 Hemlock Lane Enola, P A 17025 . ,-~ ~J'~~', '1'7[;-"'-'~'-~'-'- ',_r-,-, ---"~ -,- ,,--~~-_ ".,0'"""" '._.'_' ~ I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. Section 4904 relating to unsworn falsification to a rities. M' April 18. 2000 Date SWORN TO and subscribed before me this 18th day of April, 2000. ~rvt~ Notary Public ....= AMM.Gilitalee~ ,PublIc ~y~=~.17.2000 " ",- ," " "c'e?-}r>~,"~_I,:"-,_~"""'_-",,:'"'<"'~_ _-,~:} -",_, ,,~ - .', ~=', ~, ,_,c! " .t i_"~'"- -^-~ c:- "'~< <-, ,. ~" .. .~ ' "'...._"'-,;;...~- ,': iOlliilio. '-,'- :-., J__"- ~ ,- , ~,; .-- '.""" "q,,,;,,,,,,,,,.i..,__ ,..,-"..' ~,~,~r:Y.lfF . ';:JNT'f :<.1 .,; "'," .,'n"i, " -"'I . . NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO RULE OF CIVIL PROCEDURE 3129.1 TO: Stephen P. Brudowsky 1020 Valley Road Enola, P A 17025 Sheila J. Brudowsky 87 Cherry Lane Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland Connty, directed, there will be exposed to Public Sale in the Cumberland County Courthouse, Carlisle, PA on September 6, 2000 at 10:00 AM the following described real estate, of which Stephen J. & Sheila J. Brudowsky are owners or reputed owners: E. Pennsboro Twp., Cumberland Cty., P, being Lot 43 on Final Subdivision Plan 5 of Treemont in PB 53, p 149. HET a dwg. k/a 1044 Hemlock Lane, Enola, PA 17025. Containing 10,479 sq. ft. PIN 09-13-0998-084. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Fifth Third Mortgage Company, etal. v. Stephen P. & Sheila J. Brudowsky at No. 2000-1404 Civil in the amount of $104,421.38. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. 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 TillS 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 TWO LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 - -:-r^:rr:<''''<;,:-.)':",,:;--,,.-,, '>",,~_,? ,,+,",<<,. ,c,"" ,.' ,"'"' - - ,., -~-'- ~ . You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment'is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the 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. cz%QEt!1!! Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** "''''''; '~""':_>_\""I' ,-----""-"':o':-..",f'__<:,~___':--_~ _" , -",'.. ' ,0 --""~" ,- -~.. --- .,.. _,~,. - "'-'_Le,,' ,_ _ .".'om - . , . . ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of East l?ennsboro, County of Cumberland, and Commonwealth of l?ennsylvania, more particularly described as fallows: BEGINNING at a point on the southern right of way line of Hemlock Lane a cammon carner of Lot Nos. 43 and land now or formerly of Scan Hutichinson; thence along said right of way line South 77 degrees 22 minutes East 85.00 feet to a point~ cammon corner of Lots Nos. 42 and 43; thence along said Lot No. 42, South 12 degrees 38 minutes West, 120.00 feet to a paint, at lands now or formerly of Stan Hutichinson; thence along said lands North 77 degrees 22 minutes West, 89.65 feet to a paint, a cammon carner of Lot No. 43 and lands now or formerly of Stan Hutichinson; thence along said lands North 14 degrees 51 minutes 14 seconds East 120.09' feet to a point, the place of BEGINNING. CONTAINING 10,479 square feet. BEING Lot No. 43 as shown on Final Subdivision l?lan No. 5 of Treemont prepared by D.l? Raffensperger Associates of Camp Hill, dated August 25, 1987 and recorded in the Office of the Recorder of Deeds in and far Cumberland County at Plan Book 53, Page 149. HA VING erected thereon a dwelling known as 1044 Hemlock Lane, Enola, P A 17025. PIN 09-13-0998-084. BEING the same premises which Stephen P. Brudowsky and Sheila J. Brudowsky, by deed dared July 20, 1993 and recorded on September 15, 1993 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 36N, page 466, granted and conveyed unto Sheila J, Brudowsky. '.' . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL T.f:I QF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-1404 CIVIL ~ Term CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFIED MORTGAGE CORPORATION OF AMERICA, Assignee of INl'EGRA MORTGAGE COMPANY PLAINTIFF(S) Enola, PA 17025 and SHELIA J. BRUDOWSKY, from STEPHEN P. BRUDOWSKY, 1020 Valley Road, 87 Cherry Lane, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description ~'.' -" -,' ^, (2) You are also directedio'~ttathtnl\ property'ollhe defendant(s) not levied upon in.the pOllsession of '~,. GARNISHEE(S) as follows: '."< ~ .'J.J!,:' : and to notWy the garnishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) ancHroril delivering any property of the defendant(s} or othel'Nise disposing thereof: , . . .(3) If pr~perty of the,delendamlslnolleyi!tc;lyponan subject to attachmenl'isfound Ln.lh,epQsse~sionof anyone other than a named garmshee, you are directed to.notlfy hlm/herthat he/she has been added as a garnishee and is enjoined as above stated, . Atty's Comm Atty Paid Plaintnf Paid % L.L. Due Prothy Other Costs $.50 $1.00 Amount Due $104.421. 38 from 4/19/00 to 7/6/00 @ Interest $] 8 40')0 r"r (JAY - $1,454.00 $129.64 Date: April 25, 2000 -bY: REQUESTING PARTY: Name Louis P. Vitti, Esq. Address: 916 Fifth Avenue Pittsburqh, PA 15219 Attorney for.: Plaintiff Telephone: 412-281-1725 Supreme Court ID No. 3810 "'-"""-. I~' , ., " ~~~ ~.......~ .. . REJ\l ESTJ\TE SALE No. r~ On /P1 ~ I, ~ the sheriff levied upon the defendants Interesf in the real property situated In ~ jlbYJ'Y'../~.(J ~dWI"~:'" Cumberland County, Pa., known and numbered as; loW 11..-. /...1 it, n Cw.L and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. '1ate:.a2lcp /, ~ BY~.d.~~ ,- ../.12..7Z ~~~ ~/ i ! ! \;' l, -'~1 ,i, ~::.. ~- ,1 "J, ~! (-; 1'7 ':,n l.',..,. ; ...;,... """1' AIN 1"'-1. :, .' :l:J ;I:11b:~W~ :J .J JU ~<)jj.10 . , &> ~ Il:V;j I::::::j <n> Giiil ,,___, " h . 'l~ _1iII~ ~,,_..,,''1-~,-'- ,,~~,l~~!~. .c ~".-..~~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. STEPHEN P. BRUDOWSKY and SHEILA J, BRUDOWSKY, Defendants. ---1- - ~-~- . CIVIL DIVISION NO. 2000-1404 CIVIL PRAECIPE TO ISSUE WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS - MORTGAGE FORECLOSURE - Filed on behalf of Plaintiff Connsel of record for this party: Louis P. Vitti, Esquire PA J.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE FIFTH THIRD MORTGAGE COMPANY, Successor by merger to CITFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff Vs. STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. ( ) Confessed Judgment (x) Other File No. 2000-1404 Civil : Amount Due : Interest 4/18/00-9/5/01 : Att'ys Comm. : Costs: $104,421.38 9,294.53 TO: PROTHONOTARY OF CUMBERLAND COUNTY 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 a Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): property situate in E. Pennsboro Twp" Cumberland Cty., P A, being Lot 43 on final Subdivision Plan 5 ofTreemont in PB53, p.149. HET a dwg. k/a 1044 Hemlock Lane, Enola, PA 17025. Containing 10,479 sq. ft. PlN09-13- 0998-084. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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 oflengthy personalty list): and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). _ (Indicate) Index this writ against the garni hee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Lo IS p, VittI, Esquire Louis P. Vitti & Associates, P.C. 916 Fifth Avenue Pittsburgh, PA 15219 Attorney for Plaintiff (412) 281-1725 Supreme Court ID #0 I 072 Date: March 20, 200 I j)., I " . ~'. ,c"~ ~ c" . -, - ,_ =",' .' - "~ t " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY, Successor by merger to CITFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff Vs. STEPHEN P. BRUDOWSKY and SHEILA 1. BRUDOWSKY, Defendants. ( ) Confessed Judgment (x) Other - Judgment Mortgage Foreclosure File No. 2000-1404 Civil AFFIDAVIT I, Louis P. Vitti, do hereby sWear that, to the best of my knowledge, information and belief, the Defendant(s) are the owners of the realproperty on which the Plaintiff seeks to execute. That the Defendants' last known address is 1020 Valley Street, Enola, PA 17025 for Stephen p, Brudowsky and 1044 Hemlock Lane, Enola, P A 17025 for Sheila J. Brudowsky Miller who has a mailing address of PO Box 100, Enola, P A 17025. SWORN TO and subscribed before me this 20th day of March, 2001. . NOTARIAL Sl'OAI. Ann M. Gon~ales, Notary Public City of Pillaburgh, County of Ailegheny My Commission eXpif'1!S Aug. 17,2004 . '"^l"- - -:-'. ~" 'n . - ',' .,-, .,," ", " "0 --'9, ..... ~ 2 ~ -lq 0 (::') .... ~ <.. c (:l -(g, .0 .... '" ."l !"I " ":;-.> ~ ;-> ~ ~_~::t>- ...... -oCJ -n 7i i g 0 8 '1 C\ t.> "" 0 ~~~i; :<S 'f" c- o ~ -t 0 0 ;:~l- (/:.' ._1 9J I I -'':''~ ....... c ""T', -C:: Q;\ ;U ~~: ..... - r d:;::C .. e ~ - 5~j (.,) - - r r - - ~ . ~ -t , - ",,' =) ~-_. (- , - - ~?E -< '''' ~ , .. .... ~ ~ .. .'r-/,z "F"'-, -""'" ~,.. ''''''''",1''-' ' r~",1~r1__ , , , ~-. .' , ',', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY, Successor by merger to CITFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff Vs. STEPHEN p, BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. ( ) Confessed Judgment (x) Other- Judgment Mortgage Foreclosure File No. 2000-1404 Civil AFFIDAVIT I, Louis P. Vitti, hereby certifY that as representative of Fifth Third Mortgage Company am familiar with the above-captioned case and various servicing activities related thereto and that the provisions ofthe laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case, SWORN to and subscribed before me this 20th day '!OTARIAL SEAL Ann M. Gonzales. Notary Public City ill Pill>< ~urgh, County of Aii..:qheny My CommtSSlon Exp'r~s A\.Ig. ";'Z(XM. 1.;-' -"',' "_. - ._'.~"_~JJ"., -., " = -- . "....-' "l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY, Successor by merger to CITFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff Vs. STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. ( ) Confessed Judgment (x) Other - Judgment Mortgage Foreclosure File No, 2000-1404 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Fifth Third Mortgage Company, et al. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1044 Hemlock Lane, Enola, P A 17025. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Stephen P. Brudowsky 1020 Valley Road, Enola, P A 17025 Sheila J, Brudowsky a/k/a Sheila J. Miller 1044 Hemlock Lane, Enola, P A 17025 Also: 87 Cheny Lane, Carlisle, Pa 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above. , 1-' , -~"4 ,.' " >,'_. ."..._._ C' _ 3. Name and last lmown address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Integra Mortgage Co. 335 5th Avenue Pittsburgh, PA 15222 CitFed Mortgage Corp. of America I Citizens Federal Centre Dayton, OH 45402 NationsCredit CDC 3300 Hartzdale Dr., Suite #107 Camp Hill, PA 17011 First Union Home Equity Bank NA c/o First Union National Banl, of Delaware 1100 Corporate Center Drive Raleigh, NC 27067 -and- Cons. -14, 0361 Charlotte, NC 28288 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None ",~"""-Wl" ~':_--',' .<_?~'__ . -.-,,"~___~ ,__. ~'---. ." -",,,-:- - .,- ", 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (please indicate ifthis cannot be reasonably ascertained) Tax Collector ofE. Pennsboro Twp, & Sewage 98 South Enola Drive, Enola, Pa 17025 PAWC 852 Wesley Drive Mechanicsburg, P A 17055 Commonwealth ofP A -DPW P.O. Box 8016 Harrisburg, P A 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle,PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 1044 Hemlock Lane, Enola, P A 17025 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswo o s P. Vitti, Esquire Attorney for Plaintiff 3.Zo.et Date SWORN TO and subscribed before me this ~ d~ o , c..h, LE:O I. Notmy Public NOTARIAL SEAL Ann M. Gon~ales, Ntllary P~blic City 01 Pl\1sburgh, County of A1lt>!;","Y My Commission expires Aug. 1 f, .004 ,'~ ~ 1- - ..~ C) 11ff ;:?: ::r.. 2.:"C' ~( 7'( -"_"F--, ~-;~:;; -"- ___1 -< -..,'.'>:-",,"", - CJ ~~~ 1:11' -" ;;I.J -, -..,-., t.'_~' :::> 0) , NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TO: STEPHEN P. BRUDOWSKY 1 020 Valley Road Enola, Pa 17025 SHEILA J. BRUDOWSKY a/k/a SHEILA J, MILLER 1044 Hemlock Lane Enola, P A 17025 SHEILA J. BRUDOWSKY, a/k/a SHEILA J. MILLER 87 Cheny Lane Carlisle, P A 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse on SEPTEMBER 5, 2001 at 10:00 A.M., the following described real estate, of which Stephen P. Brudowsky and Sheila J. Brudowsky a/k/a Sheila J. Miller are owners or reputed owners: E. Pennsboro Twp., Cumberland Cty., P A, being Lot 43 on Final Subdivision Plan 5 ofTreemont in PB 53, pg. 149. HET a dwg. Ida 1044 Hemlock Lane, Enola, P A 17025. Containing 10,479 sq. ft. PIN 09- 13-0998-084. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of FIFTH THIRD MORTGAGE COMPANY, et al. vs. STEPHEN P. BRUDOWSKY, ET UX. at NO, 2000-1404 in the amount of$104,421.38. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issuedbecause 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. -:. fV ."p'- - "><_"_.-~_,.~ c' ,". ,~,' "~'_1 c. .~_ -, - , . 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, P A 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time, If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the 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 ifno petition to set aside the sale is filed within ten (10) days from the date wh~ <ho 'rn",,"e ,fDi'In',,"oo i, filoo io tho O~ff '~ uis p, Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, P A 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** , --"-"'I, "'~-~"-.-~ .. .". _"C'~" -W"",,;;,'.- ,~ 04 04/01 wED 15: 25 FAl 513 744 4917 5/:3 Loss 'IIT1G.'lTlO\ ~oo~ Received: 02.Apr.01 01:25 PM From: 7172331149 To: 8016500737 A"R-l!I2-2001 14: 43 P1JRCELL,KRUG & ~LER Powered b)l81F...:..com Page: 3 o( 3 717 233 1149 p,e3/B3 UNITED STATllS BlW'KRl11i'TCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA nr RE: SHEILA JS:AN MILLBR SANRRUPTCY NO. 1-00-03701 Debtor CRAPTElR 13 tn'TH THIRD MORTGAGE eOi'll/ANY Movant VS. FILED H.rTlsbtJr~, PA T1t~E_A.M.. ~.M, SHBlLA JEA.'l' MILLER and CHARI..I'JS J. ' VBBART, III, Trustee Respondents 'IAR - 5 2001 Clori<. u.s. flanlol.;"icy C'.otJ:j "'" ~Clotl<. OR D Iil R AND NOW, this:i.Ji day of "'h1...,~_ L", , 2001, upon con.ideration of Motion tor Reconsideration filed by Fifth Third Mortgage Company, good cause appearing therefor, IT IS HXREBY ORDERED AND DECREED that the Order of Deoembor 28, 2000, is ~mended to provide that any futur~ Bankruptcy will not apply to real estate known as 1044 H~mlock Lane, Enola, pQnnDylvania 1702!, and there would be no automatic stay to 8aid proPQrty in the event of a BankruPtcy filing by Debtor. BY THE COt:tRT: IIJRllberlJ.'~ Robert J. Woodside aanxruptcy Judge Tom.. P. B3 j~~ [= 1 - .~.. OJ '04/01 WED 15:25 FAX 513 714 4917 5,:l LOSS \IITIGATlO\ I4J 00:) Received: 02-Apr.01 01:25 PM From: 7172331149 To: 8016500737 Powered by A'Fax.com Page: 2 01 :) APR-e2-2001 14:42 PURCELL.I<RUG & HALLER 717233 1149 P.('l:M33 umfit .....ATES BAl.nUPTCY COURF' MIDDLE.DISTRIcr,OF PENNSYLVAMA INRE SHEILA JEAN MILLER F/KJA SHEILA JE:AN BRUDOWSKY ,CASE NO.. 1-00-413701 CHAJ:>TER 13 I?!btol'(S) 9RDER DISMIS!lING CASE At, Harrisburg, in said district. on the 28111 day of DECEMBER, 2000, It appearing that the &bon-named debtor(~) hasihave failed to APPEAR AT RESCHEDULED 341 MEETING and it luwing been determlIled after notice that the case should be di'lm1tcrved,. it is ORDERED that the case of the above-l1llIIled debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hcrcbyisdisclwged framfurtherreSponsibility in this asse, and " it'la further ORDERED that all pending advCI'S8lj' PIO=diIlill in this ~. be and tbIIy hmlby are dismiued, and it is further ORDERED that lIIIY outSWlding fees are !nuuedlately due and payable to the U.S. Bankruptcy Court. BY THE COURT: gr~~?t~ ROBERT J. WOODSIDB CHIEF BANKRUPTCY JUDGE I:" -~"""I_l7' , ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern right of way line of Hemlock Lane a common corner of Lot Nos. 43 and land now or formerly of Stan Hutichinson; thence along said right of way line South 77 degrees 22 minutes East 85.00 feet to a point~ common corner of Lots Nos. 42 and 43; thence along said Lot No. 42, South 12 degrees 38 minutes West, 120.00 feet to a point, at lands now or formerly of Stan Hutichinscn; thence along said lands North 77 degrees 22 minutes west, 89.65 feet to a point, a common corner of Lot No. 43 and lands now or formerly of Stan Hutichinson; thence along said lands North 14 degrees 51 minutes 14 seconds East 120.09 feet to a point, the place of BEGINNING. CONTAINING 10,479 square feet. BEING Lot No. 43 as shown on Final Subdivision Plan No. 5 of Treemont prepared by D.P. Raffensperger Associates of Camp Hill, dated August 25, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 53, Page 149. HA VING erected thereon a dwelling known as 1044 Hemlock Lane, Enola, P A 17025. PIN 09-13-0998-084. BEING the same premises which Stephen P. Brudowsky and Sheila J. Brudowsky, by deed dated July 20, 1993 and recorded on September 15. 1993 in the Cumberland County. Pennsylvania. Recorder of Deeds Office in Deed Book Volume 36N. page 466, granted and conveyed unto Sheila 1. Brudowsky. ,'\~~;~~~ -, - . '... SHERIFF'S RETURN - REGULAR CASE NO: 2000-01404 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIFTH THIRD MORTGAGE CO ETC VS BRUDOWSKY STEPHEN P ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRUDOWSKY STEPHEN P the DEFENDANT , at 0019:20 HOURS, on the 15th day of March 2000 at 1020 VALLEY ROAD ENOLA, PA 17025 by handing to STEPHEN BRUDOWSKY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Answers: ~~~~t R. Thomas Kline me this 1'1b. day of 03/16/2000 LOUIS P. VITTI & ASSOCIATES By: ~ ~ \ J . /\ \J o.W"f'l (t Wll Deputy Sheriff Sworn and Subscribed to before Or'c-' ~iQ ~A.D. ~honotary ~. ,- - -I" . ,. .. ~~ .. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01404 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIFTH THIRD MORTGAGE CO ETC VS BRUDOWSKY STEPHEN P ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRUDOWSKY SHEILA J the DEFENDANT , at 0020:00 HOURS, on the 15th day of March 2000 at 87 CHERRY LANE CARLISLE, PA 17013 by handing to SHEILA BRUDOWSKY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 4.34 .00 10.00 .00 20.34 So An;;~<~t R~mas Kline me this 7J;J;i day of 03/16/2000 LOUIS P. VITTI & ASSOCIATES BY:~~~ ~ Deputy Sheriff Sworn and Subscribed to before Qr:o 0UvV A.D. ~CJ: 7k.{;',.,~ r thonotary " ~""-~. 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITIFED MORTGAGE CORPORATION OF AMERICA, assignee of INTEGRA MORTGAGE COMPANY, Plaintiff, vs. STEPHEN p, BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. -"'-'I--'~ - '. ~,_'C" '._J,"; '_',~~,_ _."". .__ ,-__;_,_~,__,_ ''--._" .', CIVIL DIVISION No.c1HHJ - jt/(}ti COMPLAINT IN MORTGAGE FORECLOSURE Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA J.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 " ." , - 'O'd~_ ~ _ _ c~~,~ _ ,'"~ _ _ , COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 MAYBE 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 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: I. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at mail drop 10908A, 38 Fountain Square, Cincinnati, OH 45263. 2. The Defendant(s) is/are individuals with a last known mailing address of 1044 Hemlock Lane, Enola, P A 17025. The property address is 1044 Hemlock Lane, Enola, P A 17025 and is the subject of this action. 3. On the 6th day of October, 1992, in consideration ofa loan of Ninety-Three Thousand, Six Hundred Fifty and no/I 00 ($93,650.00) Dollars made by Integra Mortgage Company, a P A corporation, to Defendant(s), the said Defendant(s) executed and delivered to Integra Mortgage Company, a PA corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Integra Mortgage Company, as mortgagee, which mortgage was recorded on the 13th day of October, 1992, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1093, page 852. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A" ATTACHED HERETO 5. On or before the 17th day of July, 1995, Integra Mortgage Company, a PA corporation, assigned to the Plaintiff, Citifed Mortgage Corporation of America, the said mortgage, that assigument being recorded in the Office of the Recorder of Deeds of Cumberland County on the 17th day of July, 1995, in Mortgage Book Volume 499, page 1057. The said assigument is incorporated herein by reference. '.~ ~I.-'- - ,., '''''-"~,. ,,;, "~" ,,,~ " - 6. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 7. Since April I, 1999, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 8. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 9. The amount due on said mortgage is itemized on the attached schedule. 10. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. 11. Mortgagor(s) not named are (is) hereby released pursuantto PA.R.C.P. 1144(b). WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 114 7( 6), Plaintiff demands judgment for the amount due of One Hundred Four Thousand, Ninety and 09/100 Dollars ($104,090.09) with interest and costs. Respectfully submitted, ~c y . ~ Louis P. Vitti, Esquire Attorney for Plaintiff '''!." ,r ... _ "" ,~_, Brudowsky, Stephen P. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ (Plus 7.7500% from 03/01/99 $18.4050 per day after 03/31/00 through ) Late charges through 03/01/00 o months @ 33.55 Accumulated beforehand (Plus $33.55 on the 17th day of each month after Attorney's fee Escrow deficit 03/31/00 0.00 327.35 03/01/00 ) (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE ,; 1 , :'F '~_YI __ _ - __>0-. ,. ....~<"' __ 86,681.70 7,288.39 327.35 4,334.09 5A58.56 104.090.09 Exhibit "A" ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern right of way line of Hemlock Lane a common corner of Lot Nos. 43 and land now or formerly of Stan Hutichinson; thence along said right of way line South 77 degrees 22 minutes East 85.00 feet to a point, common corner of Lots Nos. 42 and 43; thence along said Lot No. 42, South 12 degrees 38 minutes West, 120.00 feet to a point, at lands now or formerly of Stan Hutichinson; thence along said lands North 77 degrees 22 minutes West, 89.65 feet to a point, a common corner of Lot No. 43 and lands now or formerly of Stan Hutichinson; thence along said lands North 14 degrees 51 minutes 14 seconds East 120.09 feet to a point, the place of BEGINNING. CONTAINING 10,479 square feet. BEING Lot No. 43 as shown on Final Subdivision Plan No. 5 of Treemont prepared by D.P. Raffensperger Associates of Camp Hill, dated August 25, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 53, Page 149. BEING the same premises which Windsor Homes, Inc. a PA. corporation. by deed dated June 15, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 33-K , Page 367 , granted and conveyed to Stephen P. Brudowsky and Sheila J. Brudowsky, his wife, Borrowers herein. "" ." - - ....~ ~....-; -,i/!ij~'~i\ ^ , .!!" ,~.t''', ~,..._..' , EXHIBIT -.JJ..:. '!~~1~jf~#;'l~~, .~<,::J'~.~ ..~,~ n-.#";" . ~ '. ~4'"*";' 'r~;.-,.t":r"'~'~' .,.v;\,~';~ 1 S5 'i'~;~~~~~~C~:;;~~" ..".,r;,,"d, ~ . (U~~l!: . .. .,.i'('(" 1,,~. 1'(,~ recordlogo . '. ",' .~,~~ ~:~,;~,,~ sounty~~ OVT\ .- ,'. ...~ ,,!;{;is. >lL" -=- P"',jl! . :.... '.: nw i1"md and ~.al of off'C0~ 19$- ., .' '., hdh;s /,'<, day of """~le~ bOOK 1U83 PAGE 058 '1. ~~ ."-,- . VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. ~L"PV'tt' ' OUIS . I I Dated: March 6, 2000 ~--- -- - ,.- -- ----.1"---.---<,> ." .. .'. .._~ 0_ "' 'V" ,~--, ,- .'",__ 2-c ~ ~ ~ (") Q 0 0 C Cl - '-'1 ~ -02 ..,... ~ ..J;". +_..,; Ql["" :~~ ~ cJ z.." ::;0 . . -- z::; "1 \" l7 0 '-'1-~' 5Qz: ...-,? 0 ~ e:J \<G -0 __,0 ~ :!>:J :x :t:+i ~ ZC 0-- )>0 ~7r"", C N om ~~t' z -.j :2 ~ 55 0 "< 0'\. ~ "'~- "- ,l~_:'''" "'""C""""';"~ , ~ 'I ~~.__.," ,~ttJ1U~ """"-" , r ' ._~_.- -, ~ ~___.,wn,~ "~,' ~~ < '-'-.'--~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA FIFTH THIRD MORTGAGE COMPANY as successor by merger to CITFED MORTGAGE CORPORATION OF AMERICA, assignee of INTEGRA MORTGAGE COMPANY, CIVIL DIVISION NO. 2000-1404 CIVIL AFFIDAVIT OF SERVICE Code MORTGAGE FORECLOSURE Plaintiff, Filed on behalf of Plaintiff vs. STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Counsel of record for this party: Defendants. Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 j-~, 0 ".-,'::?I~ '_ _' ',.__ -.~-<~-,= ."f"-."'.'---'- c.',"___ V:,v,C",'_ . ---" ,',,' "n .c~,_ ., ~ - ,-- - "~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY, as successor by merger to CITFED MORTGAGE CORPORATION OF AMERICA, assignee of INTEGRA MORTGAGE COMPANY, NO. 2000-1404 CIVIL Plaintiff, vs. STEPHEN P. BRUDOWSKY and SHEILA J. BRUDOWSKY, Defendants. AFFIDAVIT OF SERVICE I, Audra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon alllien holders by Certificate of Mailing for service in the above-captioned case on April 24, 2001, advising them of the Sheriff's sale of the property at 1044 Hemlock Lane, Enola, P A 17025, on September 5, 2001. LOUIS P. VITTI & ASSOCIATES, P.C. Bah duJJ~-1(/>>J1gur-- Audra J _ unger SWORN to and subscribed before me this 26th day of July, 2001. ~M NoMia/ Seal Cheryl B. Edler, Nolary Public P'ttsbul'!lh. Allegheny County My CommissIon ExpIres June 10, 2002 Member, Pennsylvania MOOtlat/on of N"t<tru:'. j"' 1- ' ,-". ~" _c ..'c_ .,~>. ",~_ _ ,.'-~' ,'-;> .," , .", -'c"'- ? .~, ". ."" "Co' I """ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Re,,'vtaUis p. Vlrij:kASs P1TTsBi1~eM (412) 281-1725 One oiel:e nf /'uclin<>"\I ",,,1I ",.j..&...nn~'" .^' ' Tenant/Occupant 1044 Hemlock Lane Eno1a, P A 17025 "&nUow~"'-i 9151"/ ~~ PS U,S, POSTAL SERVICE CERTIFICATE QF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAU... DOES NOT PROVIDE FOR INSURANCE POSTMASTER ~M..18l:. Affix fee he~e in stamps or meter postage and post mark. Inquire of Postmaster for current nno. ,,;<>.~.. ...f ^r....'..."." .....~a ........lr.."".,,'" ...." First Dinon Home Equity Bank NA Cons-14 0361 Charlotte, NC 28288 p, .. U.S. POSTAL S RVICE CIiRTIF' ,.-n: . One piece of ordinary mall addressed to' First Union Home Equity Bank NA C/o First Union National Bank of Delaware 1100 Corporate Center Drive Raleigb, NC 27067 PS Form 3817, Mar, 1989 -," . ,I U.S, POSTAL SERVICE CliIT/FICATE OF MI,L NG MAYBE USED FDA DOMESTIC AND INTEANA TIONAL .MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~POs-l Affix fee here in stamps or meter postage and post mark. (nquire of Postmaster for current One tli..r:e of orninarv mail lldnrA!:!:..n to: Integra Mortgage Co. 335 5th Avenue Pittsburgh, PA 15222 1>rl.A~OWSl...{ 'll~' C".,.lAr-4 p U,S, POSTAL ER ICE .ERTIFIC TE OF M. lING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~t"08z: Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current R",;vr6'f11s p. VITIt ,~SS PITTSB (412) 281-1725 One piE1'C9 of ordinary mail addressed to: CitFed Mortgage Corp. of America I Citizens Federal Centre Dayton, OR 45402 ~1AAc~~ <\\ ~\() \ tun \.v \ Clf\CA PS U,S. POSTAL SERVICE CE TIFI ATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~~ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Rec,;v!6IDs P. VITI! i ",,55 t? One o;ece of ord;narv_ mail addressed to: NationsCredit CDC 3300 Hartzdale Dr., Suite 107 Camp Hill, P A 17011 lx~~ q\I;;\b\ Curn\:t1C1A.nd. P ',_W,"'_' ~ ;"~ ~, "- ,- '+':~---~,~." Affix fee here in stamps or meter postag~ and post mark. InqUire of Postmaster for current DnA ni..,.... Df nr"'in""" ,....,,,,a ",.j......"..".... .~. Clerk of Courts . . . Criminal/Civil DlvlslOn One Courthouse Square Carlisle, P A 17013 ~( ~()u,)'!.~ 'M\ \\1.'( o.\-S\O\ ~~ p U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~Po.sr. Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current PmsBURGJf. P. (412) 281-1725 ,,~.. ~1...... ..I ~~-l'.">r" ~..:1 n.......~^^......... +~. Tax Collector ofE. Pennsboro Twp. And Sewage 98 South Enola Drive Enola, P A 17025 l>r~~ M~l\2.( q\stol ( . n W\D.rc:O. F U.S, POSTAL SERVICE CERTIFI. ATE 0 MAILING MAY BE USED FDA DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ;1f;.SPO.s Affix fee here in stamps or meter postage and post mark. Inquire of postmaster for current R,oe;vtoms P. VITTI ~issocl PITTSBUA (412) 281-1725 One Diece of ordinary maiLaddressed .to: PAWC 852 Wesley Drive Mechinsburg, PA 17055 uOou.>'~ f\\a~;( """ b \ ,- JC;f"~ck. p - ~ .~. - .""'-~ ~"- , ., , ! , ?J ;~ .i ,I I ""p- __'c,> Affix fee here in stamps or meter postage and post._ mark. Inquire of - --P6$t'master for current Received from: * * * lOUIS P. VITTI & tA~SO (412) 281-1725 One. p.ieee of on;!IDa~ry ,m;3it addressed to: COurt of Common Pleas of Cumberland County -Domestic Relations Division PO Box 320 Carlisle, PA 17013 ~~mo.. US. ~1L"\1 MulU, ~\~\Ol (r 1tr~ P U.S. POSTAl'.VIC. CEIiIT'CATE OF MAiLING MAY BE-\:JSEio-.,:eR--6eMESTIC AND INTERNATIONAL MAIL, DOes NOT PROVIDE FOR INSURANCE-POSTMASTER ~Po..sJ: Received from: * * * Q" LOUIS P. VITTI1& ASSO Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current On.. niA<'''''' rof nrrlinArv m...il ..rlrl..,..,..",rl tn. . (412) 281-1725 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough u,s, POSTAL SE.VICE CERTIFICATE OF MAIL! G MAY BE useD FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~SPos,. Affix fee here in stamps pr meter postage and post mark. Inquire of Postmaster for current One Diece Df ordinarv mail addressed to: Commonwealth of P A - DPW PO Box 8016 Harrisburg, PA 17105 Pl '.1" ,- '.~~ :~,:.k",;;;:, ';; -.: ~ '........ .'^' "- " .--., --, (.J >- "~--) Y"t;; ;-z '~-)<r -, --..-=>: ''-' -.,",>--- ,':' ~J) I - ~ ~~ ;~ ;,:,:j /- 0'2 .:::';" - 7~ ~-) ',J - .,.. ." 7 ~ -,..:... 3 I) ~ .2 - ;.";", """..1.' "' n,. ':"",',.,,:.,;;,L:.;};',.; ,_, Hi'. ",_ ,<I"" " \...,i : i' ,C Ii ',I.) I ("_' ,,',) It'''.11 n \I r, ..), ...;l C'""''' 1i.'1 ,t.;!V, D'",'I I c..., --, FILED-' T' r; F', \' "',1 P!! ') '-' I".. ~, .) [, ;~:"~:'<~<S y i . >" '0', ._,._~ .. "n ." '. Ii2' STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Recorderof Deeds in and for said County and State do 'hereby cenify that the Sheriff's Deed in which ________________ Federal National Mtg Assoc . ____________________________________________________________________________________ ~ the gr.ontee 5th the same having been sold to said gr.ontee on the --______________________n________n_______n__ .day of September ' ~l . . . __________n___n_n_____n______n__n_ A. D., ' n___' under and by Vlnue of a wnL____n_______ 17th Execution . ---____________________ -------___ --_ __ ___ _____n ISSued on the ___ n_n ___n___ n ____ ____ n __ ____ ___ day of ________!-.P.E~!____________ A. D., Civil ---------------------------- --.... ----- -- _____ ___ n _________ _____ ____ ____ ____ _______ Tenn, : 1404 Fifth Third Mtg Co sbm to Ditfed Mtg Corp Number ______________, at the suit of ------_n_n_n_..o.LADw:iJ;..lL<!~!lJ..&!1~!U2LJ.!lt:!:1\.!_~_~..!'.$..._~?__ . Stephen P Brudowsky & Sheila J ---------------- ------------ --- ---- agalDst_ __ _ ____ _____ __ ___ _____ ..___ ________ ____ __ ______ __ __ _ is duly recorded in Sheriff's Deed Book No. _n__~~_8nn' Page ____nn_=!_~8 01 ' _u__, out of the Court of Cornman Pleas of said County as of 2000 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _.d::f_u_ day of _nkC_______n_________ A. D., kL_ ~-~~~------------------- 7r--- Recorder of Deeds T~~W ,{", Fifth Third Mortgage Company, Successor By Merger to Citfed Mortgage Corporation Of America, Assignee ofIntegra Mortgage Company VS Stephen P. Brudowsky and Sheila J. Brudowsky aIkIa Sheila J. Miller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-1404 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states on May 24, 2001 at 1:13 o'clock P.M., EDST, he served a true copy of the Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants to wit: Stephen P. Brudowsky, by making known unto Stephen Brudowsky, at 1020 Valley Rd., Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states on May 30, 2001 at 8:30 o'clock A.M., EDST, he served a true copy of the Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants to wit: Sheila J. Brudowsky aIkIa Sheila J. Miller, by making known unto Sheila Brudowsky, at 19 W. Main St., New Kingston, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 2, 2001 at 6:55 o'clock P.M., EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description on the property of Stephen P. Brudowsky and Sheila J. Brudowsky aIkIa Sheila J. Miller located at 1044 Hemlock Lane, Enola, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency by regular mail to one of the within named defendants, to wit: Stephen J. Brudowsky, at his last known address of 1020 Valley Road, Enola, P A 17025. This letter was mailed under the date of July 5, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency by regular mail to one of the within named defendants, to wit: Sheila J. Brudowsky aIkIa Sheila J. Miller, at her last known address of 19 West Main Street, New Kingston, PA 17072. This letter was mailed under the date of July 5, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 A.M., E.D.S.T., and sold the same for the sum of $1.00 to Attorney Louis P. Vitti for Federal National Mortgage Association. It being highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Philadelphia, P A 19103, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $872.14, it being costs. ?~ ,3o,oV \~ 0'9. o't J-Ir' ~. lj1 @.;J./ ;-~~-",> Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 17.10 15.00 15.00 30.00 10.00 1.00 23.39 .97 15.00 30.00 316.55 290.97 25.66 25.00 ~ $872.14 Sworn and subscribed to before me So Answers: This~dayof ()erJ... ,~~ ~-~ ~ ~ R. Thomas Kline, Sheriff 2001, A.D. _t2 .~~ Pro honotary 'BY UD jvrU...i:h Rea\ E~j Deputy j-'.~''''~'''' ~I . " ,. . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD MORTGAGE COMPANY, Successor by merger to CITFED MORTGAGE CORPORATION OF AMERICA, Assignee of INTEGRA MORTGAGE COMPANY, Plaintiff Vs. STEPHEN P. BRUDOWSKY and SHEILA 1. BRUDOWSKY, Defendants. ( ) Confessed Judgment (x) Other - Judgment Mortgage Foreclosure File No. 2000-1404 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Fifth Third Mortgage Company, et al. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1044 Hemlock Lane, Enola, PA 17025. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Stephen P. Brudowsky 1020 Valley Road, Enola, P A 17025 Sheila J. Brudowsky aIkIa Sheila J. Miller 1044 Hemlock Lane, Enola, P A 17025 Also: 87 Cherry Lane, Carlisle, Pa 17013 . 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above. ,~""!l " 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Integra Mortgage Co. 3355'" Avem:e Pittsburgh. P A 15222 CitFed Mortgage Corp. of America 1 Citizens Federal Centre Dayton,OH 45402 NationsCredit CDC 3300 Hartzdale Dr.. Suite #107 Camp Hill. PA 170] I First Union Home Equity Bank NA c/o First Union National Bank of Delaware 1100 Corporate Center Drive Raleigh, NC 27067 -and- Cons. -14. 0361 Charlotte, NC 28288 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 041~JI!Il'1 . ~-- 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector ofE. Pennsboro Twp. & Sewage 98 South Enola Drive, Enola, Pa 17025 PAWC 852 Wesley Drive Mechanicsburg, P A 17055 Commonwealth ofP A -DPW P.O. Box 8016 Harrisburg, P A 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 1044 Hemlock Lane, Enola, P A 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '5 . 20 - C7 I /~~. JJ {)Ll/.;.. Date ~SqUlre Attorney for Plaintiff SWORN TO and subscribed beforemethis~ d~ olche l.E:::OI. ,- t NOTARIAL SEAL Ann M. Gonzales. Notary Public City of pittsburgh, County of Ann .~3ny My Commission Expires Aug. 1.'. . 004 :-_'~":m"'f"!!!'fO'~,'9_'f"'>-''''''''''' 7'l!" ~-, I ~ ~ r NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: STEPHEN P. BRUDOWSKY 1020 Valley Road Enola, Pa 17025 SHEILA J. BRUDOWSKYaJk!a SHEILA 1. MILLER 1044 Hemlock Lane Enola, P A 17025 SHEILA J. BRUDOWSKY, alk/a SHEILA 1. MILLER 87 Cherry Lane Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse on SEPTEMBER 5, 2001 at 10:00 A.M., the following described real estate, of which Stephen P. Brudowsky and Sheila J. Brudowsky.aJk!a Sheila 1. Miller are owners or reputed owners: E. Pennsboro Twp., Cumberland Cty., PA, being Lot 43 on Final Subdivision Plan 5 ofTreemont in PB 53, pg. 149. HET a dwg. Ida 1044 Hemlock Lane, Enola, PA 17025. Containing 10,479 sq. ft. PiN 09- 13-0998-084. The said Writ of Execution has issued on a'judgment in the mortgage foreclosure action of FIFTH THIRD MORTGAGE COMPANY, et al. vs. STEPHEN P. BRUDOWSKY, ET UX. at NO. 2000-1404 in the amount of$104,421.38. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. 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. ?i,;~~-m'!l'F~_~"", "I ... YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICESET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the 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 ifno petition to set aside the sale is filed within ten (10) days from the date whoo tho S"""""le" D;,tributioo ;, filed m th, ~' Sh<riff. ~(?U~ uis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** ?~c ; ~~ ., - '. ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern right of way line of Hemlock Lane a common corner of Lot Nos. 43 and land now or formerly of Stan Hutichinson; thence along said right of way line South 77 degrees 22 minutes East 85.00 feet to a point~ common corner of Lots Nos. 42 and 43; thence along said Lot No. 42, South 12 degrees 38 minutes West, 120.00 feet to a point, at lands now or formerly of Stan Hutichinson; thence along said lands North 77 degrees 22 minutes West, 89.65 feet to a 'point, a common corner of Lot No. 43 and lands now or formerly of Stan Hutichinson; thence along said lands North 14 degrees 51 minutes 14 seconds East 120.09 feet to a point, the place of BEGINNING. CONTAINING 10,479 square feet. BEING Lot No. 43 as shown on Final Subdivision Plan No. 5 of Treemont prepared by D.P. Raffensperger Associates of Camp Hill, dated August 25, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 53, Page 149. HA VING erected thereon a dwelling known as 1044 Hemlock Lane, Enola, PA 17025. PIN 09-13-0998-084. BEING the same premises which Stephen P. Brudowslcy and Sheila J. Brudowsky, by deed dated July 20, 1993 and recorded on September 15, 1993 in the Cumberland County, Pennsylvania. Recorder of Deeds Office in Deed Book Volume 36N, page 466, granted and conveyed umo Sheila 1. Brudowsky. :~~"I'!'ii'-, ~ "'~~I"""" - . , WRIT OF EXECUTION and/or ATTACHMENT .ii"'. ., , COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-1404 CIVIL 1l1X TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cnmberland COUNTY: To satisfy the debt, interest and costs due Fifth Third Mortqaqe Company, Successor by merger to Citifed Mortqaqe Corporation of America, Assingee of Integra Mortgage corrq:>any PLAINTIFF(S) from Stephen P. Brudowsky 1020 Valley Road, mola, PA 17025 and Sheila J. Brudowsky a/k/a Sheila J. Miller, 1044 Hemlock Lane, mola, PA 17025 and 87 Cherry Lane, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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 notWy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defeli1dant(s) or otherwise disposing thereof; (3) If property of the defendant(s) notlevied upon an subject to attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $104.421.38 Interest frnm 4/1R/OO-Q/c;/rn - SQ,?Q4 S:l Atty's Comm % L.L. Due Prothy Other Costs $l.00 Atty Paid Plaintiff Paid $1029.16 Date: April 17, 2001 Curtis R. Long Prothonotary, Civil Division ~: ~(ho" 2. 7f02A~ f ../ REQUESTING PARTY: Name Louis P. Vitti, Esq. Address: 916 Fifth Avenue Pittsburgh, PA 15219 Attorney for: Plaintiff Telephone: 412-281-1725 Supreme Court 10 No. 01072 Deputy ~~~~"'-~ " " '~~I - '" . REAL ESTATE SALE No. '1 ,. vII fl/.c.J 3, .;Jool the sheriff levied upon the aetenoan" interest in the real property situated in t o.d, ~ T ~ GtImberland County, Pa., know;' zl'Jd numbered as: lOW I!em/ou hvuz. ['nata. and more JUIi\iescritJed on Exhibit "A" filed with this writ and by this reference incorporated herein. flate: f1!d3,~DD I By: (~~ D...p ..1J~ V'INV^ll~SHN3d ~ 1 :-~: ! ~ ~~' V 8 , IOi Wd U Z 02 HdV alNna~ cN\l"igMnO ,iidl\liH1i~hl ~y jlnlllidO f.~ ~~ ~ _ . _...,..."J_"""'~ ^" """ ~"-r,-"-~~='-' "~~-~l!!iilIliIIIWi!ltT.""""","~= ,. "'~! PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JULY 20, 27, AUGUST 3, 2001 Mfiant 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.7 ~'~~ Roger . Morgenthal, Editor Writ No. 2000-1404 Civil Fifth ThJrd Mortgage Company, Successor by merger to Citfed Mortgage Corporation of America. Assignee of Integra Mortgage Company SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 VS. Stephen P. Brudowsky and Sheila J. Brudowsky Atty.: Louis P. Vitti , NOTARIAL'SEAt. LOIS E. SNYDER, Notary PubIlc Celfislellol'o, CumbeffanlI CcunIY My CommlaaIon Expiles March 5, 2005 ALL that certain tract or parcel of land and premises. situate, lying , and beingiIJ",the Io"'.!!~b!IU!f..!<;;lsj:- ._- ~-,~~> ~,,. , "" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587. Approved May 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a 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 ~ 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 24th and 31 st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising. and that all of the allegations of this statement as to the time. place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said COrP ny and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphi "n Mi ellaneous Book "M", Volume 14. Page 317. I/~ S ALE #7 Notarial Soal Terry L. Russell, Notary Public Harrisllurg, Dauphin County My COmmission EJqlifes June 6, 2..2 TARY PUBLIC Member, PennsylVania Association of Natartes My commission expires June 6. 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURll-iOUSE CARLISLE. PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 289.47 1.50 290.97 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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.................................................................... T~~ REAL ESTA1E SALE No.7 Writ No. 2000.1404 Civil Term . Rfth Third Mortgage Company, Successor by . merger to Cltfed Mortgage Corp. of America, Assignee of Integra Mortgage Co. vs Stephen P. Brudowsky and Sheila J, Brudowsky Attv: Louis P. Vitti DESCRIPTION ALL tlm! l'l'rtain trill! or p:lTcd llf land anJ premf~s, sit,U.'l.li.'.lying llnd !xing in Ih.... T(wl'n~hip of EJ~( P....nn~oom, ('nunlv of Cum~rl:lllJ. and Commonwealth of P....nn~:h,mi:l. mOTl' pil.l1icularly d....\CribeJ <l~ foIlO\\-: BEGI~1\'1NG -at a point on the <,(lu(ocm right of way line of H....mlock La~ :.l commPll comer of Loll"os. .J.3 and land O(lll.' or fomlcrly (If St;1o HUlicbin~on; lht:occ alon\! ....id ril!hl of wu.... lint' SOuth 77 degr~s:::; minutl"i EastR5JIO fl'j,.:t 10:.l point! common ('orner of LoN 1'.;'0:;. .n and J~; thence along said Lnt ~o. -l:!, Snulh I ~ d..;~!\:l.'>; 38 minutes West. 1 :!O.OO f..:d to a pDin1- at l.md~ now or fOlTl1crl~' (If Stan IImichin\\ln; II1\.'II(c :11001:1 ~aid l:.ind~ \nrth 77 '''-'Sl'':<.'\ 2:! minUl..:\ West. ~.65 r"'l.'t tll :.i point, a I.'ommf\n com(-T of Llll ~o. .n :lnU bnJ\ nu\!,' PT form,'rh (If Stan HUlkhill~0n: lh.:n~'" ahlll~ ..alJ lam.b \;orth 1...+ Jl.'sr..'C~ 51 mimlh.', 1-1. \...~'m,h FAht 120.09 li.:.,t 10 a point, Ih<.: pla(-\.' ofBEG1:-;t\I~G. Cm.:TAJ\:r~G 10.-17\1 -,quar... kd. __ _ 'mtl~G Lllt ~(l. -1.\ :,I, ,11(1\\11 o~l ~hbinn Plan t\,\511f Ti......1I10nl pr<.:~1'5' ~-D. r. f{an.ell1iIR.~1 ~~""II.l;i~.Ca~ Hill, ~ug.'US't ,]'987;1M recotdcd HI Ilk: ome..:: ~c.~r of l).'i::ds i~n and, for Cumbcrf:md ~1rPt3J1 JJ99k $\Pag..:: 1.j.'), ~en.'\:ted tlx:re()I1 a d....'(lling kno\vn :,I., 10-1-1.-H~mrock unl.'. Ennla, PA no:!). PIN09'13.(J99S,{)8.l. BEI~G the ~mt:: premi\l.'s which SIr;'ph..:n ~ BrudovIsky :lnd Sheila J. Brudlll-l.S!..}, by Jecd dated July :!O. 1993 and reeord...d on S<.'p!L'ml'l<.'T 15. 1993 in the Cumlxrlnnd fnu1lt\. ~myh'ani:l. Rl.'cordcr of I);<.'d\ Off....>.; in DcJJ Book Volume 36'S, jXlg.' .ffif>, ,granted anll conreyedulltoShcilaJ. BruJl.l\\"J..), , NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 it CJ1r t4o't- TO: STEPHEN P. BRUDOWSKY 1020 Valley Road Enola, Pa 17025 SHEILA J. BRUDOWSKY a/k/a SHEILA J. MILLER 1044 Hemlock Lane Enola, P A 17025 SHEILA J. BRUDOWSKY, a/k/a SHEILA J. MILLER 87 Cherry Lane Carlisle,PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE. that by virtue of the above Writ of Execution issued out of.the Court of Common Pleas ofCumbyrland County, Pennsylvania and to ,the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse on SEPTEMBER 5, 2001 at 10:00 A.M., the following described real estate, of which Stephen P. Brudowsky and Sheila J. Brudowsky.a/k/a Sheila J. Miller are owners or reputed owners: E. Pennsboro Twp., Cumberland Cty., PA, being Lot 43 on Final Subdivision Plan 5 ofTreemont in PB 53, pg. 149. HET a dwg. k/a 1044 Hemlock Lane, Enola, P A 17025. Containing 10,479 sq. ft. PIN 09- 13-0998-084. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of FIFTH THIRD MORTGAGE COMPANY, et aI. vs. STEPHEN P. BRUDOWSKY, ET Ux. at NO. 2000-1404 in the amount of$104,421.38. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the, Sale must be filed with the Office of the Sheriff no later than ten (10) days ,from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy ofthe Writ of Execution. It has been issued because there is ajudgment 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. -.-;'hi.#~', .. 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, P A 17013 (717)249-3166 You m;ly h;lve legal rights to prevent the Sheriff's Sale and the loss of your property. IiI order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or . bl . h eqmta .e ng t. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of e Sheriff. uis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** _K~""'", '" - - -....... ill ,.....,. ~, ~"~JilIi!ilQll~~ ~ """'i!Ifi u (") <=> ~ 0 < .. ""0 [n :no nl,f'Tl '"'0 ,:;f;ri ~:tI ::0 N -. 'r~": (jj1;:; :'823 ~2c- -.J ~c') () 1.. ::P ~ -.,~c) 2:0 - '~iQ ~o -~ ).......c 9 01"11 2: -,.; ~ /:'"' ?fj Ul -< ~,~ """~_~'~)"""~F'r!'~~~FIr,!!'l'fJm!l!\l!!l'm~'li'NllllIJ~"._, _,~ > ~"'