HomeMy WebLinkAbout02-6093IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
CIVIL DIVISION
COMPLAINT IN MORTGAGE
FORECLOSURE
vs.
KEVIN F. GILL and JENNIFER S.
OSTRANDER,
Code
MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TA
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT KE
ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLOY OR
BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR
OR
DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED
WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE
COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
E
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIG
IMPORTANT TO YOU. RIGHTS
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT .
YOU
SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE,vGO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP. OU
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOS JRF
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:
1. 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 3232 Newmark Drive,
Miamisburg, OH 45342.
2. The Defendant(s) is/are individuals with a last known mailing address of 4 Dartmouth
Court, Mechanicsburg, PA 17055. The property address is 4 Dartmouth Court, Mechanicsburg, PA
17055 and is the subject of this action.
3. On the 24th day of May, 1999, in consideration of a loan of Seventy-Nine Thousand, Two
Hundred Forty-Three and No/100 ($79,243.00) Dollars made by National City Mortgage Co., an OH
corporation, to Defendant(s)' the said Defendant(s) executed and delivered to National City Mortgage Co.,
an OH corporation, a Note secured by a Mortgage with the Defendant(s) as mortgagor(s) and National
City Mortgage Co., as mortgagee, which mortgage was recorded on the 26th day of May, 1999, in the Office
of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1544, page 627. 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.)
I. 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."
6. Since July 1, 2002, 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 interes
and, under the terms of the mortgage, the entire principal sum is due and payable. t)
7. 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
foreclose. The a to
ppropriate time period has elapsed since the Notice of Intention to Foreclose has been
served upon the mortgagor(s).
8. The amount due on said mortgage is itemized on the attached schedule.
9. Plaintiff does hereby release the personal representative, heir and/or devisee of the
mortgagor(s) from liability for the debt secured by the mortgage.
WHEREFORE, Pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff
demands judgment for the amount due of Eighty-Seven Thousand, Seven Hundred Ninety-Eight and 13/
Dollars ($87,798.13) with interest and costs. 100
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P.C.
Y ,
Louis P. Vitti, Esquire
Attorney for Plaintiff
Gill, Kevin F.
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
Interest @ 7.0000% from 06/01/02 through
(Plus $14.6969 per day after 12/31/2002) 12/31/2002 76,633.91
3,130.44
Late charges through 12/20/2002
0 months @ 26.87
Accumulated beforehand
(Plus $26.87 on the 17th day of each month after 12/20/2002) 134.35
Attorney's fee
Escrow deficit 3,831.70
4
(This figure includes projected additional charges that may be incurred by the Plaintiff '067.73
and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale)
BALANCE DUE
87,798.13
.AZ.z !rte
suba?. ;orb J. F410ce ACr ZSnty,r ? 1 of land ?ituata I-n =0 COXCW0 I'
140 Pennsyldaaia, Inn ho xeco aHII.
or''p? e?o d ay £Ac arts enPea 'i
and dWarr"'Jed >}oox 36. PaRQ 105. axianaociat
II- ffi ?O11gNa[ sad more' PYtrLieularlY -?
gSIMrmc kt a bou.nd
t1421L pnir7lC ra
now. vxd 1 tract (So' vidax) at the t oA ,.ay lea
11 as shgNn on t hl Iing beLweannyoth
hl aforrmOnZinnes SubcLivis' u
i ;vn plan: qII0
said r;Lqht Q v ea5 S 4000 air ray 1jA0 Of marl o Court, Werth 78 degrees
'dividin.7 line bbetween etween mast a G;4Lance of
M'CM _ Lat Nvs_ 141 and 190, to a Point a= this vaim
p S 9 S11a?• a 94 few B=Lp m ppyp} C Sand.. ?? otS• £o S n4CO1L1?4 7PeSL. 1
a_ bra
.a1en xA1Cr1Y of Rnbert Z_
4 same mnh 63 _ 2-2 2-7
of 20_Qg feet Co s p sne at the d{vidinq 7,I Meet
SBENCE 410ri a a t+'u+ec
or [oc ? ?a
minutes q t7f of aNa ne di nn 0:1 Lot NO. 592,
narther106 3°`?°
7 South 11 d
q egree9 51
1 'C'?.11P1I i7G_ ri ht y lino; of oara°r,movta coy 1 race to a Perot on the
1.94ni and place pE
m
HAVZNG ore or Xtss"o tho7asand three hundred ainatY?sis 2,396) ?quaze
? feat,
aIMba=* Bi' 4 &)a4Y9-vCa1,OUth Court. townhouse clwe23-j=9 known
.
»11aG Lit No- 141 an the a and
"?1.1A . raremaid r1nal s
u ;Y39lOn P1aII _ZoryAi1SI14LGfk
Ul7DER AND -SUB-TECT to CL Page SOSS aMl Easements
, ac, k reccrGed °sns, ueE,a Ian L ana a cee3avaCton of
»tifAYR 4170 SUB. = to
13EING the 297, page 5131 roapeet.jve1y 9 Visa. Hook 2A7,
" 42y or ??same
_ ?¢a'°ants, reservations, res=rictiona ?n4 xlghts o;
*he d•?.an £tPmEZ716th-aw-e3fwh-ioh
dated ?1u Conte aTd Penny Rode
3pen'" anid Raeeraek or % - 2$, 1999 Couch, w:L . in hook 110. needs is and gav sea raaordea in
Co nzan a ., a ¦arrtedP age cumftaXlan ,686. 4raCred and aonveyea ntod LJ. andzo.
or rote come ehe ma;, ]?aVe In ?Q re i mrc*a D to oanY any iRht, Andre
EXHIBIT" All
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.
t
i
Loui P. Vitti
Dated: December 20, 2002
Jv
-tZ
ol?
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-06093 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS
GILL KEVIN F ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MnPT FnP7
GILL KEVIN F
was served upon
DEFENDANT
the
, at 2050:00 HOURS, on the 7th day of January , 2003
at 4 DARTMOUTH COURT
MECHANICSBURG, PA 17055
JENNIFER S OSTRANDER
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.59
Affidavit .00
Surcharge 10.00
.00
35.59
Sworn and Subscribed to before
me this ivy day of
A.D.
Prothonotar'
So Answers:
R. Thomas Kline
01/08/2003
LOUIS VITTI & ASSOCIATES
By:
Deputy Sherif
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-06093 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS
GILL KEVIN F ET AL
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
OSTRANDER JENNIFER S
DEFENDANT , at 2050:00 HOURS, on the
at 4 DARTMOUTH COURT
was served upon
the
7th day of January , 2003
MECHANICSBURG, PA 17055
by handing to
JENNIFER S OSTRANDER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /6t'= day of
'2003 A. D.
i
' Prothonotarotar ,
y '
So Answers:
R. Thomas Kline
01/08/2003
LOUIS VITTI & ASSOCIATES
By:
Deputy Sherif v
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE
COMPANY
CIVIL DIVISION
`093
NO. 02-6996 CIVIL TERM
Plaintiff,
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
vs. MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
KEVIN F. GILL and JENNIFER
OSTRANDER
Code MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.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
1.043
NATIONAL CITY MORTGAGE CO., ) NO. 02-66% CIVIL TERM
Plaintiff, )
vs. )
KEVIN F. GILL and JENNIFER S. OSTRANDER, )
Defendants. )
PRAECIPE FOR DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Enter judgment in Default of an Answer in the amount of $91,237.20, in favor of the
National City Mortgage Co. , Plaintiff in the above-captioned action, against the Defendants, Kevin
F. Gill and Jennifer S. Ostrander and assess Plaintiffs damages as follows and/or as calculated
in the Complaint:
Unpaid Principal Balance $76,633.91
Interest from 06/01/02-2/18/03 6,569.51
(Plus $14.6969 per day after 02/18/03)
Late charges (Plus $26.87 per
month from 12/20/02-06/11/03 $134.35) 134.35
Attorney's fee 3,831.70
Escrow Deficit 4,067.73
(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 sheriffs sale)
Total Amount Due 91 237 2
The real estate, which is the subject matter of the Complaint, is situate in Twp of
Upper Allen, Cty of Cumberland, Cmwlth of PA. HET a wg k/a 4 D uth Ct, Mechanicsburg,
PA 17055. Parcel# 42-27-1890-102 - `
oui P. Vitti, Esquire
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., ) NO. 02 09 CIVIL TERM
Plaintiff, )
vs. )
KEVIN F. GILL and JENNIFER S. OSTRANDER, )
Defendants. )
CERTIFICATION OF MAILING
I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the
Defendant(s), in the above-captioned case on January 28, 2003, giving ten (10) day notice that judgment
would be entered should no action be taken.
LOUIS P. VITTI & ASSOCIATES, P.C.
BY: I i k L dij
ouis . Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 18th day
of February, 2003.
otary Public
Notarial Seal
Theresa Siwik, Notary Public
County
City of Pittsburgh Allegheny 22ou 2t3
My Commission Expires Sept. 22, 2003
Wlernber, pgnnsylvania AssociationcA Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
(.au
NATIONAL CITY MORTGAGE CO., ) NO. 026996 CIVIL TERM
Plaintiff, )
vs. )
KEVIN F. GILL and JENNIFER S. OSTRANDER, )
Defendants. )
IMPORTANT NOTICE
TO: Kevin F. Gill
Jennifer S. Ostrander
4 Dartmouth Court
Mechanicsburg, PA 17055
Date of Notice: January 28, 2003
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER 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 AVE
CARLISLE, PA 17013
717-249-3166
LOUIS P. VITTI & ASSOCIATES, P.C.
BY:
Loads P Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS:
COUNTY OF ALLEGHENY
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 of the 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 under the provisions of the Soldiers and Sailors Civil Relief Act of
1940.
SWORN to and subscribed
before me this 18th day
of February, 2003.
Notary Public
j -- - ----- ------ 0--abl
ouis P. Vitti, Esquire
Notarial Seal
Ci[ n'eresa Siw", Notary Public
M y of Pittsburgh, Alleghen y
y Commission Expires Sept 22ou
Membei, Penns 2003
ylvania Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE
COMPANY
CIVIL DIVISION
Lbga
NO. 02-60% CIVIL TERM
Plaintiff,
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
vs. MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
KEVIN F. GILL and JENNIFER
OSTRANDER
Code MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.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
NATIONAL CITY MORTGAGE
COMPANY
CIVIL DIVISION
1.0913
NO. 02.6696 CIVIL TERM
Plaintiff,
PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
vs. LAST KNOWN ADDRESS
KEVIN F. GILL and JENNIFER S.
OSTRANDER
Code MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.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
1093
NATIONAL CITY MORTGAGE CO., ) NO. 02-60% CIVIL TERM
Plaintiff, )
vs. )
KEVIN F. GILL and JENNIFER S. OSTRANDER, )
Defendants. )
PRAECIPE FOR WRIT OF
EXECUTION IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the
above-captioned matter as follows:
in:
Amount Due $91,237.20
Interest 2/19/03-6/11/03 1,660.74
Total 92 897.94
The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate
Twp of Upper Allen, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 4 Dartmouth Ct, Mechanicsburg,
PA 17055. Parcel# 42-27-1890-102
io-istiVitti, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION ----- - -- - - --- - - - -
PRAECIPE FOR WRIT OF ECECUTION
notion :
National City Mortgage Company
VS.
Kevin F. Gill and Jennifer Ostrander
ICJ THE PROTHONOTARY OF THE SAID COURT:
. ( ) Confessed Judgment
( ) Other
l CR,3
File No. 02-64% Civil term
Amount Dueg1'937_90
Interest 1,660.74
Atty's Corm
Costs
The undersigned hereby certifies that the below does not arise out of a retail
installrrent 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
i ed; and for real property pursuant. to Act 6 of 1974 as amended.
-r
Issue 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)
See attached legal description
PRADCIPE FOR ATTAC:f NT F X8=ON
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-darned garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or cont=1 of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a Lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: Signatur
Print Name: I-0,44-p, P V?tti
z6dress: 916 Fifth Ave
Pgh, PA 15219
A'ctor^ey cor: National City Mortgage Co
?e1e=gone: 412.281.1725
r?
lJ ?
(? _ - ,
p 0 C l,' -tot
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., )
Plaintiff, )
VS. )
KEVIN F. GILL and JENNIFER S. OSTRANDER, )
Defendants. )
6043
NO. 02-6996 CIVIL TERM
LEGAL DESCRIPTION
All that certain piece or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, as set forth on a Final Subdivision Plan for Arlington Hills, prepared by Macomber
Associates, Inc and recorded in the Recorders of Deeds Office of Cumberland County, Pennsylvania, in
Plan Book 36, page 105, and more particularly bounded and described as follows:
Beginning at a point on the Northern right of way line Dartmouth Court, a public street (50' wide), at the
dividing line between Lots Nos. 142 and 141 as shown on the aforementioned subdivision plan;
Thence along said right of way line of Dartmouth Court, North 78 degrees 08 minutes 55 seconds East
a distance of 20.00 feet to a point to the dividing line between Lot No. 141 and 140;
Thence along same, North 11 degrees 01 minutes, 05 seconds West, a distance of 118.94 feet to a point
at lands now or formerly of Robert E. and Priscilla B. Gray;
Thence along same South 83 degrees 12 minutes 27 seconds West a distance of 20.03 feet to a point at
the dividing line of Lot No. 142;
Thence along the dividing line of Lot No. 142, South 11 degrees 51 minutes 05 seconds East a distance
of 120.71 feet to a point on the Northerly right of way line of Dartmouth Court, the point and place of
Beginning.
Containing two thousand three hundred ninety-six (2,396) square feet more or less
Under and Subject to a declaration of easements and a declaration of covenants and easements recorded
in Cumberland County Misc Book 247, page 505, and Misc Book 247, page 515, respectively.
Under and subject to easements, reservations, restrictions and rights of way of record
Having erected thereon a dwelling known as 4 Dartmouth Ct, Mechanicburg, PA 17055
Parcel# 42-27-1890-102
Being the premises which Andrew S. Dis by his Deed dated 05/24/1999 and recorded on 05/26/1999 in
the Recorder of Deeds Office in Cumberland County, Pennsylvania, in Deed Book Volume 200, page 144,
granted and conveyed unto Kevin Gill and Jennifer S. Ostrander
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
41CRR3
NATIONAL CITY MORTGAGE CO., ) NO. 02-6096 CIVIL TERM
Plaintiff, )
VS. )
KEVIN F. GILL and JENNIFER S. OSTRANDER, )
Defendants. )
AFFIDAVIT
I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief,
the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That
the Defendants' last known address is 4 Dartmouth Court, Mechanicsburg, PA 17055.
&ouis P. Vitti, Esquire
4 - -
SWORN TO and subscribed
before me this 18th day of
February, 2003.
Notary Public
l Seai
Not]in
EA4, p abuwNotary Public
ssion Allegheny
Couny
ires Sept. 22, 2003
Member, Pennsylvania
Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE
COMPANY
CIVIL DIVISION
(.0%
NO. 02-69% CIVIL TERM
Plaintiff,
PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
VS. LAST KNOWN ADDRESS
KEVIN F. GILL and JENNIFER S.
OSTRANDER
Code MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-6093 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY,
Plaintiff (s)
From KEVIN F. GILL AND JENNIFER OSTRANDER, 4 DARTMOUTH COURT,
MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $91,237.20 L.L. $.50
Interest $1,660.74
Atty's Comm % Due Prothy $1.00
Atty Paid $133.59 Other Costs
Plaintiff Paid
Date: FEBRUARY 25, 2003
CURTIS R. LONG
ZProthono
(Seal)
Deputy
REQUESTING PARTY:
Name LOUIS P. VITTI, ESQUIRE
Address: 916 FIFTH AVE.
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
44R3
NATIONAL CITY MORTGAGE CO., ) NO. 02 CIVIL TERM
Plaintiff, )
vs. )
KEVIN F. GILL and JENNIFER S. OSTRANDER, )
Defendants. )
AFFIDAVIT
I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co., am familiar
with the above-captioned case and various servicing activities related thereto and that the provisions of
the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with
in the above-captioned case.
S-4-
ui P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 18th day
of February, 2003.
c?A
Notary Public
Notarial seal
of Pittsburgh
9r,Pennsylva ?? Surgh lei Public
ommission Expires :klghen County
Sp22. 2003
tua Association of
Notaries
C`?
_ .,. .
tJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
`OR3
NATIONAL CITY MORTGAGE CO., ) NO. 02 -609 CIVIL TERM
Plaintiff, )
VS. )
KEVIN F. GILL and JENNIFER S. OSTRANDER, )
Defendants. )
AFFIDAVIT PURSUANT TOR LE 31291
National City Mortgage Co., 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 4 Dartmouth Ct,
Mechanicburg, PA 17055.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Kevin F. Gill 4 Dartmouth Court
Jennifer S. Ostrander Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. 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)
None
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 Upper Allen
Board of Commissioners
Commonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
Tax Claim Bureau of Cumberland County
Cumberland County Courthouse
Upper Allen Township Office
100 Gettysburg Pike
Mechanicsburg, PA 17055
Upper Allen Township Office
100 Gettysburg Pike
Mechanicsburg, PA 17055
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
One Courthouse Square
Carlisle, PA 17013
Court of Common Pleas of
Cumberland County
Domestic Relations Division
Bureau of Compliance
Tenant/Occupant
P.O. Box 320
Carlisle, PA 17013
Clearance Support Section
Dept. #281230
Harrisburg, PA 17128-1230
Attn: Susan Blough
4 Dartmouth Court
Mechanicsburg, PA 17055
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.
February 18, 2002
Date
SWORN TO and subscribed
before me this 18th day
of February, 2003.
Notary Public
doulp
P. Vitti, Esquire
Attorney for Plaintiff
Theme Notarial S..,
City of Pittsbur h, Y Public
MY Commission g Allegheny County
Expires Sept. 22, 293
Member, Pennsylvania As
sociatlonotNotanes
?'? -..
=: ` .
?'
f _ _ -
'1
<??
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Kevin Gill
Jennifer Ostrander
4 Dartmouth Court
Mechanicsburg, PA 17055
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 Cumberland County Courthouse on June 11, 2003 at 10:00 A.M., the
following described real estate, of which Kevin Gill and Jennifer Ostrander are owners or reputed owners:
Twp of Upper Allen, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 4 Dartmouth Ct, Mechanicsburg,
PA 17055. Parcel# 42-27-1890-102
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Mortgage Co vs. Kevin Gill and Jennifer Ostrander at No. 02-6069 Civil Term in the
amount of $91,237.20.
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 THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. 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 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
days after service or in certain other events. To exercise this right, was entered before twenty (20)
strike the judgment. you would have to file a petition to
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
equitable right.
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 the Sheriff.
o 's 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."
r-,
, -
_.
?'
--,
_ ?
?,
=
;
?
_: _
_
•
._ L?1
I,
?
- -. ?I ?
National City Mortgage Co. In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
Kevin F. Gill and Jennifer S. Ostrander Writ No. 2002-6093 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Louis P. Vitti.
Sheriff's Costs:
Docketing
Poundage
Posting Handbills
Advertising
Surcharge
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Cumberland Law Journal
Patriot News
Share of Bills
30.00
146.19
15.00
15.00
30.00
.50
1.00
15.18
15.00
122.80
92.01
25.24
$ 507.91 paid by attorney
5/14/03
Sworn and subscribed to before me So Answe :
This ? 7 - day of M"Vmae ;eo??
R. Thomas Kline, Sheriff
2003, A.D.?
"T' Vl
BY
Prothonotary Real to Deputy
ems` b°'?I
i
(&, 13 8,;2 ('3
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin) ss
JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst.
Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg,
County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September
18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 22nd day(s) of April 2003. 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 Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
..... .......... ... ........
A
PUBLICATION .........
...... ....... .......
COPY Sworn to and subs ib d before s 14th day May 20 A.D.
S A L E #54 Nota eat
Terry L. Russell, Notary Pt c
City Of Harrisburg, Dauphin Co '
REAL ESTATE SALE No. 54
My Commission Expires June 6, 2006 N ARY PUBLIC
Writ No. 2002-6093
Civil Term Member, Pennsylvania Association Of Notwj scommission expires June 6, 2006
National City Mortgage Co.
vs
Kevin F. Gill and
CUMBERLAND COUNTY SHERIFFS OFFICE
Jennifer S. Ostrander
Atty: Louis P. Vittl
CUMBERLAND COUNTY COURTHOUSE
DESCRIPTION CARLISLE, PA. 17013
ALL that certain piece or parcel of land situate
in tipper Allen Township, Cumberland County,
Pennsylvania, as set forth on a Final Subdivision Statement of Advertising Costs
Plan for Arlington Hills, prepared by Macomber
Associates, Inc. and re,:orded in the Recorders of To THE PATRIOT-NEWS CO., Dr.
Deeds Office of Cumberland County,
Pennsylvania, in Plan Book 36, page 105, and
For publishing the notice or publication attached
more particularly bounded and described as hereto on the above stated dates $ 90.26
follows:
BEGINNING at a point on the Northern right-
Probating same Notary Fee(s) $ 1.75
of-way line Dartmouth Court, a public street (50' Total $ 9 2.01
at the dividing line between Lots Nos. 142
wide)
,
and 141 as shown on the aforementioned
subdivision plan;
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby
been duly paid.
acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
Thence along said right-of-way line of
Dartmouth Court, North 78 degrees 08 minutes
55 seconds East a distance of 20.00 feet to a
point to the dividing line between Lot no. 141
and 140.
Thence along same, North II degrees 01
minutes, 05 seconds West, a distance of 118.94
feet to a point at lands now or formerly of Robert
E. and Priscilla B. Gray;
Thence along same South 83 degrees 12
minutes 27 seconds West a distance of 20.03 feet
to a point at the dividing line of Lot No. 142;
Thence along the dividing line of Lot No. 142,
South 11 degrees 51 minutes 05 seconds East a
distance of 120.71 feet to a point on the
Northerly right-of-way line of Dartmouth Court,
the point and place of Beginning.
Containing two thousand three hundred ninety-
six (2,396) square feet more or less.
Under and Subject to a declaration of easements
and a declaration of covenants and easements By""""'"' """"""""
recorded in Cumberland County Misc. Book 247,
page 505, and Misc. Book 247, page 515,
respectively.
Under and subject to easements, reservations,
restrictions and rights-of-way of record.
Having erected thereon a dwelling known as 4
Dartmouth Ct., Mechanicsburg, PA 17055.
PARCEL NO.: 42-27-1890- 102.
BEING the, premises which Andrew S. Dis by
his Deed dated 05/24/1999 and recorded on 05/
26/1999 in the Recorder of Deeds Office in
Cumberland County, Pennsylvania, in Deed Book
Volume 200, page 144, granted and conveyed
unto Kevin Gill and Jennifer S. Ostrander.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, 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
APRIL 25, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
Rtatements as to time, place and character of publication are
'REAL ESTA2 E SALE No. 54
Writ No. 2002-6093 Civil
National City Mortgage Co. /
vs. -
Kevin F. Gill and
Jennifer S. Ostrander
Atty.: Louis P. Vitti isa Marie Coyne, ditor
LEGAL DESCRIPTION
All that certain piece or parcel of SWORN TO AND SUBSCRIBED before me this
land situate in Upper Allen Township, 25 day of APRIL, 2003
Cumberland County, Pennsylvania,
as set forth on a Final Subdivision
Plan for Arlington Hills, prepared by q
Macomber Associates, Inc. and re-
corded in the Recorders of Deeds
Office of Cumberland County, Penn-
sylvania, in Plan Book 36, page
105, and more particularly bounded Cx?e? P1
and described as follows:
Beginning at a point on the North-
ern right of way line Dartmouth
Court, a public street (50' wide), at
the dividing line between Lots Nos.
142 and 141 as shown on the afore-
mentioned subdivision plan:
Thence along said right of way
line of Dartmouth Court, North 78
degrees 08 minutes 55 seconds
East a distance of 20.00 feet to a
point to the dividing line between
Lot No. 141 and 140;
Thence along same. North 11 de-
grees 01 minutes, 05 seconds West,
a distance of 118.94 feet to a point
at lands now or formerly of Robert
E. and Priscilla B. Gray;
Thence along same South 83 de-
grees 12 minutes 27 seconds West
a distance of 20.03 feet to a point
at the dividing line of Lot No. 142;
Thence along the dividing line of
Lot No. 142, South 11 degrees 51
minutes 05 seconds East a distance
of 120.71 feet to a point on the
Northerly right of way line of Dart-
mouth Court, the point and place of
Beginning.
Containing two thousand three
hundred ninety-six (2,396) square
feet more or less.
Under and Subject to a declara-
tion of easements and a declaration
of covenants and easements record-
ed in Cumberland County Misc.
Book 247, page 505, and Misc. Book
247, page 515, respectively.
Under and subject to easements,
reservations, restrictions and rights
of way of record.
Having erected thereon a dwell-
ing known as 4 Dartmouth Ct.,
Mechanicburg, PA 17055.
Parcel #42-27-1890-102.
Being the premises which An-
drew S. Dis by his Deed dated 05/
24/1999 and recorded on 05/26/
1999 in the Recorder of Deeds Of-
fice in Cumberland County, Penn-
sylvania, in Deed Book Volume 200,
page 144, granted and conveyed
unto Kevin Gill and Jennifer S.
Ostrander.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE
COMPANY
Plaintiff,
CIVIL DIVISION
!0043
NO. 02-.W9 CIVIL TERM
PRAECIPE TO SETTLE AND
DISCONTINUE
vs.
KEVIN F. GILL and JENNIFER S.
OSTRANDER
Code MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Defendants.
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.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
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
Vs.
KEVIN F. GILL and JENNIFER OSTRANDER.
Defendants.
X093
NO. 02 M- CIVIL TERM
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
KINDLY settle and discontinue Plaintiff's case in the within captioned action.
Respectfully submitted,
LOUIS P. VITTI & ASSOCIATES, P.C.
BY:
do(u?isp--fit??squire
Attorney for Plaintiff
_....
C .
?,
?
-.; .?. _j ..ii
C_
.-,. '. J7
-`;
t71