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HomeMy WebLinkAbout01-0775 FX - -- ~ < , ~ "-",~ ',,~, ,.. ~ .--' ~'-',,-- 'v" ,-:.",,',,'-, '.. ok'"~ _', ~", -",';8, -" ,".'"~"",~.,,- < "-~"'" ""k"H""'"_;"'~"";',,,,, ";__,, '~__~':'A;':::~I }l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION , NO. 01 - 77S Go~L<-r~ COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, vs. Co~-MORTGAGEFORECLOSURE MICHAEL S. ASKINS and TINA M. ASKINS 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 , _ ___~"~ -- c_.- _ .'_, -' \, - , C ':_~' "-x" _, ,___,,''--"'_','__- ~,,- ^'_o.,'''_' '," .,~_,,' i"i ,,_""_~'~__"; ''''='-',c' Y'x~',""-~"",,,,";r;; ,..,__ ,_,~" ,,~, j " 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 MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ,,,-,,,,~"~~'''''' "",_",_' ,'_~.' v~."..-"'"'",-__- ""'-~ ',"'-"-,,-,,,'-,;..- -- ,-,,-"'; -" .',,,,,,,,,~, "'-"-""'~;~"""-.'<',-,-~,,,, ~-:r' "~'<' '_ _,,- '.",',u, . . 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: 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, Ohio. 2. The Defendant(s) is/are individuals with a last known mailing address of95 Amold Road, Enola, P A 17025. The property address is 95 Arnold Road, Enola, P A 17025 and is the subject of this action. 3. On the 6th day of January, 1994, in consideration of a loan of Seventy Eight Thousand Five Hundred Twenty Four ($78,524.00) Dollars made by PNC Mortgage Corp. of America, an IL corporation, to Defendant(s), the said Defendant(s) executed and delivered to PNC Mortgage Corp. of America, an 1L corporation, a "Note" secured by a MOligage with the Defendant(s) as mortgagor(s) and PNC Mortgage Corp. of America, as mortgagee, which mortgage was recorded on the 7th day of January, 1994, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1190, page 1132. 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: N -~.' "^ ~, .' -, -_ ,- - ~-,o< ,,:; ",--.:,,,.'._,,~~ "K",.~_<7.,-_","'>'h""'Wh~~';Go'_'''C_i ~"", -"";-"J~~ SEE EXHIBIT "A" ATTACHED HERETO. 5. On the 31st day of January, 1995, PNC Mortgage Corp. of America, an IL corporation, assigned to the Plaintiff, National City Mortgage Company, the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cmnberland County on the 31st day of January, 1995, in Mortgage Book Volume 490, page 394. The said assignment is incorporated herein by reference. 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 Septemer I, 2000, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor( s) to malce 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. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff "'" ,.=" ."., ~ ,"", ~ -,'~"~" ,;.,. ","d,,~ . ~_; - .,. ._' '-" ._ .,'"';;' ~ "'d_'.",,",,',,,,..,-,,,,,.,,,,:";"-,,, . - .;,C.r.:.'i>l. demands judgment for the amount due of Eighty Three Thousand Seven Hundred Thirty Seven and 61 II 00 Dollars ($83,737,61) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY Louis P. Vitti, Esquire Attorney for Plaintiff . .- - ~~ ,-_~" __"'d, -- ,- ,,' - "n '_,",.n'", Y"---~ ""'<~'d"S<->-'ci1~""".i.l"'-'~O~_,, --...; o' C., ' 'M~F: . ASKINS SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 73,068.31 Interest 8.0000% from 08/01/00 through 02/28/2001 (Plus $16.0150 per day after 02/28/2001 ) 3,379.16 Late charges through 02/05/2001 o months @ 35.07 Accumulated beforehand (plus $35.07 on the 17th day of each month after 0.00 QJill 175.35 02/05/2001 ) Attorney's fee 3 ,653 .42 Escrow deficit 3.461.37 (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 83,737.61 --"'" y". , -,'-, ,-,'. , f, !~. lf~ ~. .' ;f is .~ . f- ,. ~~r +~,;:". . I~.. k,): ~ ;;;;~ ~' . i~ I~' I. , l. 'kLl<-_~OillI' Q!;~", Cl 1'1'~~'" q.;a <41'0 Ollr; )// -! 1~ ~~"'.'" ~ ....,.. <<:.-" J! ., "'/:'1' --c....; GI!R1'II!iIlJ 10 IE A tiliit>>liJ fiWlr CGlPt elM 0il\CINAI. "'~l )V\,M~ i~ "Ii (\ ~\ (l {r 6Yh /Bif . n -.'-:;_)Jji-'<:,. _n_-..<~-"" '"" '.,,_ ,,,,"_ " ,_: _~ C,- ,_ '''.---; ;---: '..'..''-' -,- '" ,- ~ .-'~ ,','" -- .:~-,~c ,_-"';;i,_~""""'c,- ",,"""::"i>'~,,;~,'___, ' C -', "~, "',; I' . . ' 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. ~- -. Dated: February 5, 2001 ~l:i>('Mi: , _?~ C_' "J-< lidli!mMr.E;;,:~~~~:ra'wiii'.' - ;~~'O" u ~ ~ ~J.""' 0: ,-'..., ","~"'-". w. - ~- ~.,,\;f'l ~j w 'I i 1 , , Ii ,I ~ "'" 0 0 C) ) ~ C "'ij ~ ::-:",,"' -'1 ~ ~H~ r:"l :':'J ----, '! 8 h J~ ~"'-_.- I "..ln1 . tJ~:;.: '~~~: CJ - C CD - 2 ~ --< -':.. '~-~~ ~'.) () ~ c.:C) -~ -;-:" ;;~~ ~ ~~8 3: -t f' I I ';/C::: r:-? C)i~fl ~ ~ ~ '7 ~ ...-:,- => --> :0 -< (~ -< ,~ ~ % ~~ ~. ~ . . ~, ,.~ . ~ - ~ ~ ~ " ~"~."","'- "C .'.!.' ",-, . ~ 'tdI..:4l~' ;0--' i" SHERIFF'S RETURN - REGULAR f '115 CASE NO: 2001- 0 0.:;t:;z.6- P '" , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS ASKINS MICHAEL S ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ASKINS MICHAEL S the DEFENDANT at 1023:00 HOURS, on the 9th day of February, 2001 at 320 SHADY LANE # 6 ENOLA, PA 17025 by handing to TONYA ASKINS DAUGHTER 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 Service Affidavit Surcharge So Answ~ers: ~ ~ . ~...t: z;... ... ... 18.00 9.30 .00 10.00 .00 37.30 R. Thomas Kline 02/12/2001 LOUIS P. VIT Sworn and Subscribed to before By: me this J {, f!::. day of 3...J..... a'7 ~J A.D. Q'(lL !2JA.ti... tp; o honotary -, =. "" " 'j.l>.'-r-'3_; . . / 17) CASE NO: 2001- 0079-6- P 'c. SHERIFF'S REtURN - REGULAR ,. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS ASKINS MICHAEL S ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ASKINS TINA M the DEFENDANT , at 1023:00 HOURS, on the 9th day of February, 2001 at 320 SHADY LAND # 6 ENOLA, PA 17025 by handing to TONYA ASKINS DAUGHTER a t~ue 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 Service Affidavit Surcharge So Answers: :~. ~JI!t/. r ~..t::~ 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 02/12/2001 LOUIS P VITTI Sworn and Subscribed to before By: h' it-- me t l S ,;to ~ day of ~~I A.D. "'-< _ () )uJ~ # P othonotary , 0., _~~_~ __~ ,.""-.-<,.~-",,. ,~-",""" ",,,,~-',"-"""'~"_M''''-''-'''<'"<,_F. ~ ,__~. ;"~~I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. 01-775 Civil Term Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vs. Code MORTGAGE FORECLOSURE MICHAEL S. ASKINS and TINA M, ASKINS Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PALD.#3810 Supreme Court #0 I 072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 _-0 '. '--.-,-,"---- ""." , .' " _"" - _ ';'-"^ ;"__ ",<_ C _~__,'''''""".~",~ ,.:__"",~,", -'"- " '~'-"'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, NO. 01-775 Civil Term Plaintiff, vs, MICHAEL S, ASKINS and TINA M. ASKINS 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 $83,945.81, in favor of the National City Mortgage Company, et aI, Plaintiff in the above-captioned action, against the Defendants, Michael S. Askins and Tina M. Askins and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 08/01100-03/13/01 (Plus $16.0150 per day after 03/13/01) $73,068.31 3,587.36 Late charges (Plus $35.07 per month from 02/05/01-09105/01$245.49) 175.35 Attorney's fee 3,653.42 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 sheriffs sale) 3.461.37 Total Amount Due $83.945.81 The real estate, which is the subject matter of the Complaint, is situate in Twp. of East Pennsboro, Cty. of Cumberland & Cmwlth. of P A, being Lot No. 95 on the Plan of Louis Park, in PBV 5, pg 50. HET a dwg kla 95 Arnold Road, Enola, PA 17025. Parcel 09-13-1002-028. , ~o ".""""-,0 - _~_,. ~ C._ \'i -C)~',_','~:;,p';"__:,'-,,U,",i~""''''''':>'' ;_ ,_' _,,,,C,,'J;,;;:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, NO. 01-775 Civil Term Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS Defendants. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certifY that a Notice ofIntention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on March 2, 2001, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: ''JJit::.. SWORN to and subscribed before me this 13th day NOTARIAL SEAl Ann M. Gonzales, Notary Pwllllo City 01 Pittsburgh, County of Allilghtll'lY My Commission Expires Aug, 1 Y, ~Og4 -., , , J ~~ iilI!'1"'."''->''''e: IN THE COURT OF COMMO!,/ PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION ~ [\..' ~ NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP, OF AMERICA, NO. 01-775 Civil Term Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS Defendants. IMPORTANT NOTICE I '~_' TO: ,"0. Michael S. Askins Tina M. Askins 320 Shady Lane #6 Enola, PA 17025 Date of Notice: March 2, 2001 _. 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 LffiERTY AVENUE CARLISLE, P A 17013 (717)249-3166 BY: C,IACES, P.c. '" ' ! ' / /-1-1..' ,..{ ,VA/! ! ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY , INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** , ,-, ,"' ,~~ ~~ "'~"~ "-",,"-- - ",,-""" -' ",,,--- -C'-'--'--YC" "'" .~:;"-;.;,,', '~__-, ~ "-,,,' ;If: 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 dilly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) islare not presently in the active military service of the United States of America and not members ofthe Armyofthe 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 islare 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. ~ 6:/. f/d:tJ (1t;~-~~;i, ~~~~~~--------- SWORN to and subscribed before me this 13th day of March, 2001. /' NOTARIAL SEAL Ann M. Gonzales, Notary Public City of pittsburgh, County of Allegheny My CommISSion Expires Aug. 17, 2004 .~ ;,.l'~:i'-'!lm~~JtiIillIi~~.,:,,,!::':'~ --"__,,,,,,,",,,;,.,V,_,., , "", ~-- "~ ~ ~ ,~ qec,'" " "_",".., __'.".."0' <,<..,< I _n . '~TTjjL1 ~ ~ . o C>- ~ ~ fi a - 11. \' ~ ).J ~ ~ 0 -v ~ . \:,. -1:: F E: 1- "' ~ , ''--))"L o 0 c: ",.. "'2rl~ nl~T 2: t,.1 0~;":! ~~~ '..0 >:. __,.' '" u ... '- ~~ ~~() .....c :z ~ '" 1 ~~_, -~ . :z :1.:,,0. .:....'J () -''1 '-'i:-:' - ,.~' , , w " , "_:~) ~-:,~ ;t= --_-.:.:-\..,', ~~in :D -< r:- -~ -- ~I liil , 1''< I~ )1 " ,Il ffil ',;l li:1 i~ ,0' ,1 !:I !, Iii il II ! "j :: \1 I!! it J ,I " ~i m Ii; I II II jr I ,~ -,----,"',,-,...,', --",-', ~h'" ;;' ";;';;'''';;''>;<''-'''~-.g('".-,~,-iL-,--''' ,,,".-.,0,,,..,, ,,, '__',...:_0..._ '''~'''-;T.l,----B r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. 01-775 Civil Term Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. Code MORTGAGE FORECLOSURE MICHAEL S. ASKINS and TINA M. ASKINS Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PALD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh,PA 15219 (412) 281-1725 - , ,,' , ""',_c _.0- - ,~ .._~~ ,~'''~__- -_~'__'i-~_'" '''''" ,- ',_: -::h.t,k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP, OF AMERICA, NO. 01-775 Civil Term Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS 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: Amount Due $83,945.81 Interest 03/14/01-09/05/01 2,818.64 Total ~6.764.4~ The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Twp. of East Pennsboro, Cty, of Cumberland & Cmwlth. ofP A, being Lot No. 95 on the Plan of Louis Park, in PBV 5, pg 50. HET a dwg kla 95 Arnold Road, Enola, P A 17025. Parcel 09-13-1002-028. '-''''_~'_~__".'_~_' ~ .".-,~,,~,.,' "''''''--'--O'_'!!-'';,_',_,,'' , . '!' ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, NO. 01-775 Civil Term Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS 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 320 Shady Lane #6, Enola, PA 17025. ,,) r/;cbL SWORN TO and subscribed before me this 13th day of March, 2001. Q~ Notary!r::: >' NOTARIAL SEAL Ann M. Gonzales, Notary Public City of Pittsburgh, County of Allegheny My Comrnis!;';on E{pire~ f..'-in n'. ~qr~4 ~-'--G"""'.<(i'- "'~~:iili~_ ~~ .... ~ ~ 0 OJ:. ~ '~-i"' _- ,-_,- :'k~"""-.-- -ii!ilW~:ii!llli~~~~ltl ~ ~-:-... B & .,... i'[? "" ~ v, w o "" olQ. .... w ...... 6' ~ '1 8 () & I ~ ~~ , ~ ~t ;:., "-!-.j-( ,-~--- -;< -- ;.,. RJ ..0 ~ ~ 0 ~ () C () I I :: , , , .. , ' : , C'=,!; . ~-" --", . ~ (") C 7' -uCl; ~g~ G-S!,,~( i":'C:' s. zQ --0 )>C Z :<! t - C) (-) -;'-, :J: .,:;... :;<:1 ---,"\ ,,e <":"-=,:: 4:'J :'St. t;-., t:'" 1'-' ~:~ G~ -:-!o- "', ;~~~ '.:::~:l d:"";> ~ " -~,=, ,'- ,- -"=' _J-',," --'-", ~"~.,, ",'"''''---- -'-, ;;;'-""j . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, NO. 01-775 Civil Term Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS Defendants. AFFIDAVIT I, Louis P. Vitti, hereby certifY that as representative of National City Mortgage Company, et al, 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. o s P. Itti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 13th day of March, 2001. ~ NOTARIAL SEAL , Ann M Gonzales, Notary Public City of pttisburgh. c~unty of A1~;g~~~~ My Commission Exp\feS Aug. , ~"-"'-'Iil --[*~~i(,~' ~ -, - - -- Jl~~lii;;j~e~~ ,~ . ~ ,.I , ., ~~_. ';.0'0' .,- -.1 ..;~ , ,~. .. -,. " - - (") c::> (~J C <" ,1 -o'~' :JJ: rn~:T ~'t'o ~~ :;0 :,J 1J:) .- :~~ ; ~tJ ~f .:.-.;() ~(J -I... ,~i5 [--', );:0 ~, c :0 ,~ (n '--..J Z "-1 ~ <='" 5-J T" -< ~:I ,,1 I . ;,1 " " ~ I f :1 ;t-I j I JI I hi i 'I I I .. """ ~,. c, _~ _ ",.~",,'" "-""_, ,_, - -.. -. -.-, -"'-'.i.,--,,"," '>"0". ~''''C\-""'''..i-'''''_;'"'';';,,,"_,,,,; ,,'.-, -J ~-j; ,. " ^ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, NO, 01-775 Civil Term Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, et al, Plaintiff in the above action, sets forth as of the date the Praecipe ~or the Writ of Execution was filed the following information concerning the real property located at 95 Arnold Road, Enola, P A 17025. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Michael S. Askins Tina M. Askins 320 Shady Lane #6 Enola, PA 17025 2. Name and address ofDefendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) ;'; Same as No. I 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) ~ ~ . ,-- ._'--;.--.--, .""''',,,,,7.''':J.~,,,.,,, """"'-:0 . } t't..! , . PNC Mortgage Corp. of America 440 N. Fairway Drive Vernon Hills, IL 60061 National City Mortgage Co. 3232 Newmark Drive Miamisburg, OH 45342 First Consumer Mortgage Inc. 1656 N. California Suite 200 Walnut Creek, CA 94596 Firstplus Inc. 1600 Viceroy Suite 500 Dallas, TX 75235 Community Bank of Northern Virginia 11417 Sunset Hills Road Suite 228 Reston, VA 20190 Chase Manhattan Bank 1301 Office Center Drive #200 F ort Washington, P A 19034 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 Township 98S. Enola Drive Enola, P A 17025 PAWC 852 Wesley Drive Mechanicsburg, P A 17055 ~,~ . ,'~ , {, "~". ;0:1',,'-;'- ~~,~ '-"'-""""-'>""""__'J'" " ~,<, ~~ t _~ East Pennsboro Township 98 S. Enola Drive Enola, PA 17025-279 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg, P A 171 05 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, P A 17013 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough T enantlOccupant 95 Arnold Road 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. March 13.2001 Date SWORN TO and subscribed before me this 13th day of March, 2000. NOTARIAL:~ public AnlI M. Gonzales. 0 of A1llipeny City of pil\SbUrgh, Coo ~tyAU9' i.c '004 My Commission Expw " .' _~'" 'OC >__, -~,~,--~"'-,,--.~""_"'-__'.'_h . '-"'~-"" -,"",);;'"'1. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 To: Michael S. Askins Tina M, Askins 320 Shady Lane #6 Enola, P A 17025 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 September 5 , 2001 at 10:00 A.M., the following described real estate, of which Michael S, Askins and Tina M. Askins are owners or reputed owners: Twp. of East Pennsboro, Cty. of Cumberland & Cmwlth. ofPA, being Lot No. 95 on the Plan of Louis Park, in PBV 5, pg 50. HET a dwg k/a 95 Arnold Road, Enola, P A 17025. Parcel 09-13-1002-028. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company, et al, vs. Michael S. Askins and Tina M, Askins at NO. 01-775 Civil Term in the amount of $83,945.81. 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. " , .~- ----- - ;,--- . '__ _" ,~, "" - , ,,-;,-_, '.'.,.~.. ~- "'_',,,-,-, .-", _ ,0 " ,""-,,,~, .' . 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 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 !night 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 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 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. L is P. Vitti, Esquire ttomey 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. ** :iIJj-lIiirlL-'- '~E.ltIir'Il:M~j~~~~~~~~Mi~lh. 'n-iJiiiijiii""';';~~if( ~w --=~,,- ~."~~ --~", ". ", -,~. --- ~ -,.-,,-,- , ,. , " 0 0 Ci C "T:; <- :JJ: -ofi'- -, mr ')":..<;1> ,~r~ -r, z:}'-; :'--0 i'-::" Zl~ "Il ~~;"-: '00 '=} ~CJ -(,} ':::! () )> _L ~-;.., ZC) _1'_ () (-"'5 -0 >c C,? C) r 'i Z. -, ~ "'- 15 <...., -< . .I~.,',',.,.,' ~- ; !i , , - '--,' "," ,- iW.llI!lnJM.-w~ ..., ( . ?<. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michael S, Askins Tina M. Askins 320 Shady Lane #6 Enola, PA 17025 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 September 5 , 2001 at 10:00 A.M., the following described real estate, of which Michael S, Askins and Tina M. Askins are owners or reputed owners: Twp. of East Pennsboro, Cty. of Cumberland & Cmwlth, ofPA, being Lot No. 95 on the Plan of Louis Park, in PBV 5, pg 50. HET a dwg k/a 95 Arnold Road, Enola, PA 17025. Parcel 09-13-1002-028, The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company, et ai, vs, Michael S. Askins and Tina M. Askins at NO. 01-775 Civil Term in the amount of$83,945.81. 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 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, " , "'~-'" "" .oj' "w_l"""""'"",,C" A r .... 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 inight 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 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 ifno 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. ! U lffi- L is p, Vitti, Esquire ttomey 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.** ,,',. . ~1i.::1~~;!!t';-!;~',~'b,~"j,;;i'i.i1&1,~t~rt'#;?MIJ:;-"-d'",9'.";""_~,,,:_"'O;U;"-'il>%'-#ll:i~itn:ll',j!j,\liI!t1ifi- ~ til~~.~~~.d-llil'" .. ~-!/!Iii ~ ~ "1Ti6J1Il:li (') C s:: ;:goo- zT ~~: C::c:::. :i> zC --C) Pc :z =< o o """ :::.1 ...,...=-D - -'>. ". :;0 "" n [~~ --I "'> :0 -< ""D -/-;.. e,..) r:- c...:> >- 1liI'. I 1,-1 !I il ',I ~, i n 'j II ,J :1 I, ii I i ,I 1,1 ! I .v ) .~ "- "' - ~"- ,. - .' , ~' , ~>lf~~J: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, NO. 01-775 Civil Term Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS Defendants. LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: DESCRIBED according to a survey by D. P. Raffensperger, R.S., dated November 2, 1965, being Lot No. 95 on the Plan of Louis Park, as recorded in Plan Book 5, Page 50, Cumberland County records, Parcel # 09-13-1002-028. HAVING erected thereon a dwelling known as 95 Arnold Road, Enola, P A 17025. BEING the same premises which William Arthur Wotring and Ellen Marie Wotring, husband and wife, by their Deed dated 0611511990, and recorded on 07/0511990, in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume Q34, page 919, granted and conveyed unto Michael S, Askins and Tina M. Askins, husband and wife. ~ - ,~" -.' .. '-~+'*-'" f ",''CO.,,, ,,"",.,,_" ~-__~<" __","x !;t,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. 01-775 CIVIL TERM AFFIDAVIT OF SERVICE Plaintiff, Code MORTGAGE FORECLOSURE vs. Filed on behalf of Plaintiff MICHAEL S. ASKINS and TINA M. ASKINS, 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 . <-~-, ~,~-,_.~ - -~~-~ ~, '--,-,-"" ~","",-,~=~=",,_, c_. -1" , 'IiL:_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, NO. 01-775 CIVIL TERM Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS, Defendants. AFFIDAVIT OF SERVICE I, Audra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon the defendants by certified mail on April 7, 2001 and all lien holders by Certificate of Mailing for service in the above-captioned case on April 5, 2001, advising them of the Sheriff's sale of the property at 95 Arnold Road, Enola, PA 17035, on September 5, 2001. LOUIS P. VITTI & ASSOCIATES, P.C. SWORN to and subscribed before me this 20th day Notarial Seal Cheryl B. Edler, Notary Public PlllsbtJ'\lh, Anegheny County My CommissIon Expires June 10, 2002 Member, Pennsylvania Association of Notaries of July, 2001. ~u ",,7106 4575, 12~2 dbb~ 3706 , ':3 ::'Seirvide Type CERTlFlED MAil '~'.. f.lestricted Delivery? (Extra Fee) - J Yes 1. Article Addressed to: o Ageni o Addressee DYes ,. ji(tNO '-"'Z;'"Article Nuinbe;-~""'~' I ..PSForm 3811, June2QQQ Domestlc F!,etur(l Re~pt "'''~'~':.,,---''"':~~' ".,-----"-~ ",.7,106 4575 1292 D66i3720 . ..,.. o Agent o Addressee DYes 9i"' 3'. ,service Type CEm:lFIED MAIL -4. Restricted DeliVe.rY? (Extra Fee) 1. Article Addres~$d to: DYes' "'''.- '.. ',,", ~" , ,l" , :"-'\J~~;-,,-':', ""-_ ~', _C' -~ -lit, U.S. POSTAL SERVICE CERTIFICATE OF MAIL! G 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 ReceIVed From * * * r;:,;tii' fee, LOUIS p. VlljT~ lit AS~ 6 4 1,3,5 916lt-I~nl"~R 5, Q1 PITISI!le,MH, P'N'f~~P" /; , J gC1:,9, (412) 281-1725 :cf.' IJ! One piece of ordinary mail addressed to: i q.; ~ \- i",'d \ \~>.,' "':-~ First Consumer Mortgage 1656 N. California Inc. ~. C;:,;, ,(?/ ~~'--- '~> '/'S2:) Suite 200 Walnut Creek, PS Form 3817. Mar, 1989 CA 94596 A,J./askins/09~05~01 U.S. POSTAL SERVICE CERTIFICATE OF M , tLlIII Affix fee her. in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT or meter postage and PROVIDE FOR INSURANCE-POSTMASTER ~SPo.s: post mark. Inquire of Postmaster for current Re,e'vLOUIS p. VITT. & ;'ssnf.~~ 6 5 4 1 3 5 l:Ilt5....tp.ipAA~~R 05 01 PITISBI.w-P, P.At''f5?f~H PA ,,1 5 ~ 1 9 (412) 281-1725 /'( ~~-~{j~,:-., One piece of ordinary mail addressed to: J:.:1 hOW '<'- 'Q: f t\i~l" '\~..: Firstplus Inc. i;;;\ ';l, i '" \'j"'~ l)\\Uk jc..-:.i ,-::;,., \. ~v / -l,~J \. / ,.,,---,.... ./ , ',," 'is''':, / , ..... ~".,:,..:..\,"""/' 1600 viceroy, Sutie Dallas, TX 75235 500 PS Form 3817, Mar. 1989 A.J./Askins(09-05-01 ,~. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED fOR DOM'ESTIC ANO INTERNA.TIONAl MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER ~POs: , * * * R ~~ I LOUIS P. Vf!I1Tl3& A ' 91 I Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current fee. Received From: 65 135 o 01 1. .,2.1-'2 /v. P\ f()" ? X)\' -_. /.", 1 ,. -........,V?','. ',;;.. hla,.' '\/ 'V ""?-\ V., {, f lrgl" iJ I :l'-' ~",.- i},)' " -' .;...... \t.:v'- .{jl~ // r-.,':-! ,.' '\ " --:~ c" ,,~.. PS ~>:' . .~~ -,~- One piece of ordinary mail addressed to: Community Bank of Northern 11417 Sunset Hills Road Suite 228 Reston VA 20190 PS Form 3817, Mar. 1989 iA.J,/A",kill",/oq~O'i-01 :~ - -, .-' ""- "~ -< ~" .,,~-. U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~SPO.~, Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Received From: .. .. .. fJ l~ . LOUIS P. VITT~ & ~SSO P s8 p~ PITTSSLiRGl-f, PAP1!)2WGH PA ':i-"'~ (412) 281-1725 i~"6'1 \'-' ~:-;.\ 'fJlli ;'" IlJ,..;;." , ~ PS-""-4>:'/ ... .~-,_....... One piece of ordinary mail addressed to: Chase manhattan Bank 1301 #200 Office Center Drvie Fort Washington, PS Form 3817, Mar. 1989 PA 19034 A.J./Askins/09-05-01 U.S, POSTAL SERVICE CERTI'FICA TE OF MAl ING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. , One piece of ordinary mail addressed to: \ Tax Collector of E. Pennsboro Twp. 98 S. Enola Drive Enola, PA 17025 PS Form 3817. Mar, 1989 A.J./Askins/09-05-01 Received From: .. .. Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. LOUIS P. VITlIIs& 91 412 281-1725 . "." '(T\~"f', \ '...::.. //~~\ <:'" "(\'\ 1<:'-;( ,"'j:. \ I'tJ' \ u..f .' ~~~ j:--O~ I \ .....0 t-~ \ ."'\i;f/.: I \'~, ;::.-/ ....'tP "/,rvv; ''2 V~'r\)/ . --.....---- One piece of ordinary mail addressed to: PAVlC 852 Wesley Drive Mechanicsburg. PA 17055 PS Form 3817, Mar. 1989 A.J./Askins/09-05-01 c,.;-';C';-,,-,;: "";! w ,,~ , . "CO U.S. POSTAL SERVICE CERnFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~Pos Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Rece'Vroms p. vr~'~ A'!i~ 6 5 916(' ~"''48lJij75g AI" I< 0 PITTSIJl9RCJH, PATllia1;9PA 1 (412) 281-1725 135 01 219 ~. /~\ ( \,'; '...CJ',' -... </,4\ "->"'/(:',-' ":':.{' One piece of ordinary mail addressed to; .25;'''- i _.,...11\.... I v, "'.:. (/)j ~~ ',~' I ,-' " \',5..' /....-..- V........, /"-"'<'., cU "<" ....' \'-'- "l{ .~~\~V East Pennsboro Twp. 98 S. Enola Drvie Enola, PA 17025 PS form 3817, Mar. 1989 A.J./Askins/09-05-01 u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USEe FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER ~P% R"e;votoms P. VITh ~ AS~ 6 916 9'"13 A\&f;)uil5 n 1\ to' R PITTSB0ftGiH. JPmgt;gPA (412) 281-1725 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current One piece of ordinary mail addressed to: 4135 5 01 5219 ',-' . l ,'- -"- / ~ \ ~B,.,'_ ,,\ <,/,() '. , , "rG'\ ' !2>('o ~' '1',\ :' ('"tJ ' U) - <:.>,;... :-0\ 1\ ~) '>~ ~i) ), .' \. ~ -.'" .....\' ' . /1\/ \.1\-' Cormnonwealth of PA - DPW P.O. Box 8016 Harrisburg, PA 17105 PS form 3817, Mar. 1989 A.J./Askins/09-05-01 ~ POSTAL SERVICE CERTIFICATE OF MAILING Affix mm MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT post PROVIDE FOR INSURANCE POSTMASTER "$.5 Po-8J: Post Rece'vtOms P. VltIl) ~sl~ 6 5 " 13 91Eblf.ll!f.l ~5 nAP R 0 0 PITTSBURGH,<Mst5lM9A 1 "2.~ (412) 281-1725 ..' n " I ~'..- / One piece of ordinary mail addressed to: (~ {~ Clerk of Courts \~ Criminal/Civil Division \, '- J' ""- -.2'..\ One Courthouse Square Carlisle, PA 17013 fee here in stamps eter postage and mark. Inquire of master for current 5 1 -9~ , ,\ ..... vii, P, -"':<e:::" " ,1 <::$..?:-::" ;- ...3,,1 _..~,~, i___ /r"" _./\':"','~, ' '( \'-,-/ PS Form 3817, Mar. 1989 A.J./Askins/090-5-01 " , , ~" ~~<'1i'1i~Jii ~ '1- ~' " -,- , ]" R.~ . . U,S, POSTAL SERVICE CERTIFICATE OF MAILING ::f~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT post PROVIDE FOR INSURANCE POSTMASTER :.;'iSPO&,>. p .. "" .:st Rece'v'LBlJis p. Vlfij ~ ts{~ I) 5 " :e35 9 1 &FttfiJtI tII'flJ:lBttJr 5 gAP R g 5, 0 1 PITTS~~Pl@H. M~~A1 5 2 1 9 (412) 281-1725 fee here in stamps eter postage and mark. Inquire of master for current , P.O. Box 320 Carlisle, PA 17013 /~~/i:~ ~ ~,c.", .':1' '\ '~J1 \,>_ ' /<~ ~-; . \ -~ ....-'"" .\0.."-'/' . 't V""\j \ '~; One piece of ordinary mail addressed to: Court of Corrmon Pleas Cumberland Domestic Relations Divsion " PS Form 3817, Mar, 1989 A,J./Askins/09-05-01 U,S. POST L SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER 4' ~ Reoe'LOUlS p. Vim &)s"S~, 6 "135 gl6F~~fi:750 A,f.'R 5 01 PITTSBl2l~~Ii, PA.,tIi21Auw,: ,__ .? 2 19 (412) 281-1725 "/~'\(\~ !1.16,'\ ... r"" \ ib,i b.:> \ -,;;\ llJj ~~ _b lOO'""! \lj)\"':~ .)1 )~".J \,s." . ~' \/~,- os::; '. lJ ...... \-0 ~ 7/~v 1__- ../ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. One piec13 of ordinary mail addressed to: Bureau of Compliance Clearance Support Section Dept. #281230 PS Form 3817. Mar. 1989 A.J./Askins/09-05-01 , . -~', .', "' lc ,,:'0";' -~-~;_i . . Tenant/Occupant 95 Arnold Road Enola, PA 17035 Affix fee here in stamps or meter postage and post marl(. Inquire of Postmaster for current fee. U,S, POSTAL SERVICE CERTifiCATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Po Received From: * * * LOUIS P. vim & A 916 One piece of ordinary mail addressed to: 'o'ffi-;-;" \'\ "'"0"-' '<1!" (,>\ ~ )"'" SS""~ -.:1' ~ - ;/,; 'l;i;\~\" PS Form 3817, Mar. 1989 A.J./Askins/09-05-01' ~ ,~ U.S. POSTAL SERVICE CERTIFICATE Of MA' .LING MAYBE USED FOR DOMESTIC PROVIDE FOR INSURANCE Po:r~~~+~~NA T1~hoMAll, DOES NOT ;<.>' '"" Received From; * * * t? LOUIS P. VI S , (412) 281-1725 One piece of ordinary mail addressed to: PNC Mortgage Corp of America 440 N. Fairway Drive Vernon Hills, IL 60061 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for Current 135 01 ';;';,10 r 1,11'1,.- ..'< -', ,::i>"'''"'" -....v~-. ,'~ # '~\;,," . > "':':\- (~~ ~... {";>,,) I ~>>' 1 ):;.. \-1' ,1, ~~ 'I.."'" 9;1/'-'..,' Jr., ,; ",'J" 1.0/ v..~).!, S "", 1:""--.............1..... i " USPS "/ d.<~,"~~_,~...<... PS Form 3817, Mar. 1989 A.J./Askins/09-05_01 U.S. POSTAL SERVICE CERTI'FI'CATE OFMAlLlIII,G MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~PQ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current R"e;vo~OLJ/S p. v,irJi;I~~ ~6,5 4,1 ~;, ' 91~A~ /.~ ~4' PITTSBURGH, PA 15219 /<2:' Api ',.~' 41 .::":: ~l' 't~' ~ 0;;) 1 b' , ,..,.; . ___ \ ;''1f.~ " \'/", ,. l./JUJ, ./ C.) " .... n/ ___...~",_...... ~ ""., r '-'. liS ~~~,. ""./ One piece of ordinary mail addressed to; National City Mortgage Co. 3232 Newmark Drive Miasmisburg, OR 45342 PS Form 3817, Mar. 1989 A.J./Askins/09-0S-01 """I.,'L-""'''';< ..~ .. " '1<<~:'" . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } SS. Robert P Ziegler I, ____________________________________________________-"________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in which _n__n___n____ National City Mtg Co --_________________________.________________________________________________________ mthegr.antee the same having been sold to said grantee on the ______~:~_______n_n__n__n_n__n_______n__ day of __________n___~_e_~~~~2>_:.:__n__n_n___ A. D., pl n___' under and by virtue of a wriL__________n_ Execution . 19th _______________________ _____ ______n__ ___ ___ ____ ISSued on the ___n________n_n ______ _n_ __ _______ day of ____K'l.t~l.>________________ A. D., Civil _____________~______________ __.. __n___ n_ n _ ____ _n_ _____ ___ ______ n_____n___ ___ Tenn, : 775 National City Mtg Co assignee of PNC Mtg Corp Nwnber ______________, at the suit of __n_________n___n__u__________________n__n___n___n__n_ MIchael S Askins & Tina M ____~----------- _____ ________ __ __ __ against_ ___ _ ___ _______ _______,_ ______ ______ ____ ______ ____ __ _ is O}____, out of the Court of Cornman Pleas of said County as of 01 of America duly n:corded in Sheriffs Deed Book No. nn____~~_~, Page m____!.::.~~. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this ~_f_____ day of _mdhtt=__m________n_ A. D., c9~L ~--~ ~-------------------- '#~--- Recorder of Deeds :M'li'" "~-..- - ," ~~"',. ,~ , National City Mortgage Company, Assignee ofPNC Mortgage Corp. of America VS Michael S. Askins Tina M. Askins In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-775 Civil Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 2, 2001 at 3:37 o'clock PM EDST, he served a true copy of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants to wit: Michael S. Askins, by making known unto Tanya Askins, adult daughter, at 320 Shady Lane #6, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 2, 2001 at 3:37 o'clock PM EDST, he served a true copy of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants to wit: Tina M. Askins, by making known unto Tanya Askins, adult daughter, at 320 Shady Lane #6, Enola, 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 6:29 P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description upon the property of Michael S. Askins and Tina M. Askins, located at 95 Arnold Road, Enola, P A 17025, 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 pendency of the action to one of the within named defendants, to wit: Michael S. Askins, by regular mail to his last known address of 320 Shady Lane, #6, 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 pendency of the action to one of the within named defendants, to wit: Tina M. Askins, by regular mail to her last known address of 320 Shady Lane, #6, Enola, PA 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, 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 National City Mortgage Company. It being highest bid and best price received for the same, National City Mortgage Company of 3232 Newmark Drive, Miamisburg, Ohio 45342, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $687.68, it being costs. _k" 'Y!l~,,-, ~~~,." ~~"""" Sheriff's 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 13.48 15.00 15.00 30.00 10.00 .50 1.00 19.05 .97 15.00 30.00 214.25 216.27 25.66 25.00 26.50 $687.68 Sworn and Subscribed to Before me So Answers: ?'~~--<~~ This ,J,u[ Day of (])~ R. Thomas Kline, Sheriff 2001,A.D.~ f2 ~,~~ C' _~-Lf! Prothonotary B, IJ'YWY\ Real Estate Deputy lJ1? 3P. (D I') I ~- ,-~.;: /~ tl'?- :6'J03J ,L IIPl$ , ' . <lot.'" '.Ii f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP. OF AMERICA, NO. 01-775 Civil Term Plaintiff, vs, MICHAEL S. ASKINS and TINA M. ASKINS Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 . National City Mortgage Company, et ai, 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 95 Arnold Road, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate ifthis cannot be reasonably ascertained) Michael S, Askins Tina M. Askins 320 Shady Lane #6 Enola. P A 17025 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. 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!,),> ," PNC Mortgage Corp. of America 440 N. Fairway Drive Vernon Hills, IL 60061 National City Mortgage Co, 3232 Newmark Drive Miamisburg, OH 45342 First Consumer Mortgage Inc. 1656 N. California Suite 200 Walnut Creek, CA 94596 Firstplus Inc. 1600 Viceroy Suite 500 Dallas, TX 75235 Community Bank of Northern Virginia 11417 Sunset Hills Road Suite 228 Reston, VA 20190 Chase Manhattan Bank 1301 Office Center Drive #200 Fort Washington, PA 19034 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 Imowledge 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 Township 98 S. Enola Drive Enola, P A 17025 PAWC 852 Wesley Drive Mechanicsburg, P A 17055 - , ~ '0 m~',_""",-!d;:' East Pennsboro Township 98 S, Enola Drive Enola, P A 17025-279 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg,PA 17105 Clerk of Courts CriminallCivil 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 95 Arnold Road 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 subj ect to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. March 13.2001 Date SWORN TO and subscribed before me this 13th day of March, 2000. Gm~~ otary PublIc (~ NOTARIAL SEALpUI>l'c les Notary " Ann M. Gonza, 'A\I~'eny CitYO'PitlSbUrgh~~~::VA~9.1.' ",04 MY Con'ITIlSSIOn P ,c'"' " ',""c ",j:l1W<Jin_Mi,k, ~ ." NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michael S, Askins Tina M. Askins 320 Shady Lane #6 Enob, PA 17025 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 September 5,2001 at 10:00 A.M.. the following described real estate, of which Michael S. Askins and Tina M. Askins are owners or reputed owners: TW]). of East Pennsboro, Cty. of Cumberland & Cmwlth. ofPA, being Lot No. 95 on the Plan of Louis Park, in PBV 5, pg 50. HET a dwg k/a 95 Arnold Road, Enola, PA 17025, Parcel 09-13-1002-028. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company, et aI, vs. Michael S, Askins and Tina M, Askins at NO, 01-775 Civil Term in the amount of$83,945.81. 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 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. ii"":;;; ~" .' , -, ~---!, '\ . . 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 !night 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 when the Schedule of Distribution is filed in the Office of the Sheriff. L . s P. Vitti, Esquire ttomey 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.** ; U VA S"..i~~' - ........,. -~~; , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION , NATIONAL CITY MORTGAGE COMPANY, assignee ofPNC MORTGAGE CORP, OF AMERICA, NO, 01-775 Civil Term Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS Defendants. LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: DESCRIBED according to a survey by D, P. Raffensperger, R.S., dated November 2,1965, being Lot No. 95 on the Plan of Louis Park, as recorded in Plan Book 5, Page 50, Cumberland County records. Parcel # 09-13-1002-028, HAVING erected thereon a dwelling known as 95 Arnold Road, Enola, P A 17025. BEING the same premises which William Arthur Wotring and Ellen Marie Wotring, husband and wife, by their Deed dated 06/15/1990, and recorded on 07/05/1990, in the Cumberland COlmty, Pennsylvania, Recorder of Deeds Office in Deed Book Volume Q34, page 919, granted and conveyed unto Michael S. Askins and Tina M. Askins, husband and wife. ~ ~ -.' - '"" ~v " . WRIT OF ExeCUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) GOUNTY OF CUMBERLAND) NO. 01-775 CIVIL HK TERm CIVIL ACTION - LAW TO THE SHERIFF OF Curnberleud COUNTY: To satisfy the debt, interest and costs due MORTGAGE CORP. OF AMERICA National City Mortqaqe Companv, assiqnee of PNC PLAINTIFF(S) MICHAEL S. ASKINS and TINA M. ASKINS, 320 Shady Lane #6, Enola, PA 17025 from DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Lega 1 Deser; ption (2) You are also directed to allach the property of the defendant(s) not levied upon in the possession of , , GARNISHEE(S) as follows: . -' .(' and to notWy the garliishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are en~oiped from paying any debt to or for the account of the defendant(s) and from delivering any property of the defefulant{s) or otherwise disposing thereof; c, (3) If property of the defendant(s) not levied upon an subjectlo allachmenlis found,inthe 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. Ally's Comm Ally Paid Plaintiff Paid % L.L. Due Prothy Other Costs $ ~() $1,00 Amount Due $R<, q4~ Rl Interest 3/14/01-9/5/01 - $2,818.64 $125.30 Date: March 19, 2001 ?2~ b~l. 2, 71~.......r Deputy REQUESTING PARTY: Name""~uis P. Vitti. Esa. Address: 916 Fifth Avenue Pittsburgh. PA 15219 Allorney for,: Plaintiff Telephone: 412-281-1725 Supreme Court ID No. 1810 ~,'j.'1'illf1"8~!:!i!'AA';,,,t>!&Mijj&i;jj,.:~,i;t"'!)"":'-_;lJ_"i'ili!-" "-, ~~IIil'~iliIii:Irl"""~~,",d<'-' -' a.i&iiittill!ll.lll ' ' -" ., ilii'r~U_'l!-f;fll~~n,"ili-n,'lli1!/1~1I1 ~~~<t;jm~@$li$i<~ ""' >-. ';'1 'I ,I I ;1 'I ! i i . REAL ESTATE SALE No. J 1" c:;:;;J , I::jj;] ~ €fe) rnn:I un -f'{ ~ J,J, JDOI the sheriff levied upon the aefe1!t.:. interest in the real property f,itlJ?t&~rI ill rfa/.Jl:Jilt.~ ~ ~ Cumberland County, Pa Kno"'l'ldrd numbered as: 9'5 A~ ed C'nof.a. and marl' 4\,1I~ de~c.ribp.a on Exhibit "A" fill:J1 witto thts writ and by this referenCf' incorporated herein. '1Jlte: fl!a>>:.Jt~QoO) By: / / / / V/~IV^1'(SNN3d '~! -, '~-~ i "] )) '<;:.:) , ----, --, 10. HJ IE E 12 HUU ,uNIlOU.i" ":0 ".'wo .:WIGHS 3fLl .:10 3nl.:iJO d <0_ " , ,~~ " __ 0- ~'~ ,,"' Iiili~.!!'." PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Rn~ro, SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST, 2001 " NOrM LOIS E. SNYDER. NolaIy PublIc Carti$leBolo. CumberlaniI County My CorRmIIIlIon ExpIres MM:h e; 2005 ,,-- .-,- ,< ,-J -. ESTA<fE ~ N0. 1 Writ No. 2001-775 Clvi! National City Mortgage Company, assignee of PNe Mortgage Corp. of America vs. Michael S. Askins and TIna M. Askins Atty,: Louis p, Vitti LEGAL DESCRIPTION ALL TIiAT CERTAIN lot or par- cel of land situate in the TownsWp of East Pennsboro, County of Cum- berland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: DESCRIBED according to a sur- vey by D. P. Raffensperger, R. S., dated November 2, 1965. being Lot No. 95 on the Plan of Louts Park. as recorded in Plan Book 5, Page 50, Cumberland County records. Parcel #09-13-1002-028. HAVING erected thereon a dwell- ing known as 95 Arnold Road, Enola. PA 17025, BEING the same premises which William Arthur Wotrtng and Ellen Marie Wotrtng, husband and wife. by their Deed dated 06/15/1990. and recorded on 07{05/1990. in the Cumberland County, Pennsyl- vania, Recorder of Deeds Office in Deed Book Volume Q34. page 919. granted and conveyed unto Michael S. Askins and TIna M, Askins. hus- band and wife. 1____ . C' , ' '.-~'ih; . ,.. ,~ , .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth 01 Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 01 The Patriot News Co., a corporation organized and existing under-lhe laws 01 the Commonwealth 01 Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City 01 Harrisburg, County 01 Dauphin, State 01 Pennsylvania, owner and publisher 01 ~ Patriot-News and The Sunday Patriot-News newspapers 01 general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aloresaid; 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} 01 July and the 7th day(s} 01 August 2001. That neither he nor said Company is interested in the subject matter 01 said printed notice or advertising, and that all 01 the allegations 01 this statement as to the time, place and character 01 publication are true; and That he has personal knowledge 01 the lacts aloresaid and is duly authorized and empowered to verify this statement on behall 01 The Patriot-News Co. ala resaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board 01 directors 01 the said Company and subsequently duly recorded in the office lor the Recording 01 Deeds in and lor said County 01 Dauphin in Mis711aneous Book "M", V;I~:L11~:~~:~' ....,....,...,.....................,..Vh.......,......./"......... .........,....... COpy Sworn to and subscribed billore me this 21sVd~ I gust 2001 A.D. S ALE 111 , , , '::l\E.ilLesTAfuSALENo. 1 ,::) Writ NO,2l)01'n5' " ,', '.' CIVIITermlNa~oli~rCilYfIlortgage ' ..:: ,..::::.-:::-::. CP.mpany, ass'i!:J"riee'"of ' , " PNCMprtgage Corp. " "'a~.Ame~rca" , , V5' , :'Mlc'tiaei'a Askins , 'Tina M. Askhis .' :..:'::-::':.: '. 'A~~ :'.Lou.i$. 'p~ V:i~i: DESCRIPTION Notarial Seal /7 r ;;>'? Y;7 Teny L Russell. Notary PublicV'" I I / Harrisburg, Dauphin County ... My Commission Expires June 6. 2002 NO Member, Pennsylvania Association of NotatiKMy commission expires June 6, 2002 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURl1-IOUSE CARLISLE, PA. 17013 ......,. ... ...... '. ,......"" "" , , , ALL,XffAT':' ,tslh~A'i:il, ',ioi" nr :p.;j"rc~.i " of,: laotl' i\l.!t.i"0.i.~':.::,):~..,::..,i1i~,. '}oi\ n~h;p' , of ,Ei!~ 'p~till~boro. (i5ilfity,..f.lt.: Curnperland aM Com'mOi:i\'ie;l)~h of P~~i1syl:~'4iJE:{ m'Ofci ,partICularly bound~d.' nuu -de.:':;"ri10ifht'ullow')..IOV;.jt: -- .': ' , D.E.i$'t;R.r.~EP 'ai;i:hU)ing., 1O,.a. 'survey t.o/ D:: P. ,:.R~\,jIc,Iis:peru:er, RS," dated t\'ovembcr 2.1'%5, :.~.il)g,.L4.r:,:lI;o. 95 !l.n "t~"Pl1)l1, of Lou'js .Park" as ri:cilmei:l.,.iq P1im ,Book.~: Pa2e' 50,.'Qiiiltlc::rliu1d 'C:Q\lPt"t:n,~,i\1~',', ..' ,,. '" '.. J>;it<d'.I!I9'13'lOO2J)2" " . 'BAVWv::~'i:cctt~ ii1t~rc,on' il d~'clling kOQWit..u.s '95 f .AmQ1',!J{ood;:Eli:61,t;'PA,170i'l; ..., ". " 9~.o::i,ij~ ';;al1i~"pr~mJs'e~' Vihico William Arthur' \votciiig;,',:drtd .:r:ll~n)Jaric ,'I'/otn1i2, fltlsbaJl<{' irnd i'itc:. ,b:t::Yti~ir p&~"'.dated "06i1,5/j99(J~,.ilid ':':J!:c,olJ:k<f,)~il:. 07.f05/l$)I), in rlit; Ct)mlxrland '~.ciLii'i(y/'P~:~'i1sylv;mjit, Rt'cordcr of &''tc.'<1.,' Om..::c ilT,,~ed.',g99~ ,YdJ.um~ Q34..pagc ~19, ,gran.red iiilil cvn'v~'kd Wltq _?I.licn:/<H s. 'A"klI1S .1M Tina r. . M, A~~ins:hu~banu anJ wife. J;''' 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 $ $ $ 214.77 1.50 216.27 Publisher's Receipt for Advertising Cost publisher 01 The Patriot-News and The Sundav Patriot-News, newspapers 01 general , receipt 01 the aloresaid notice and publication cosls and certilies that the same have By....................................................................