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HomeMy WebLinkAbout01-05334 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, C NO. Cpl - $ 3 3? 1. iU r( '-ZLn Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. DONALD G. RATEL and LORI A. Code - MORTGAGE FORECLOSURE RATEL, 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 m 09-05-#I1 12:50 PREMIER ABSTRACT 0 0 ID=7172433390 EXHIBIT "A" - Legal DescrtpUon 140 "A" Street Carlisle PA 17013 ALLTHAT CERTAIN tract of land situate in the Borough of Carlisle. Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by "A" Street aforesaid; on the East by property now or late of William Nelson Quigley; on the South b a private alley, and on the West by property now or late of John Eberly.- containing 25 feet, more or less, in fronton said "A" Street, and extending in depth 150 feet, more or leas, to the aforesaid alley, and having erected thereon the western half of a double brick dwelling house and the western half of a double frame garage, the eastern boundary line of the property hereby being conveyed being the middle line of the partition wail between lots Nos. 138 and 140 "A" Street and the middle line of the partition wall between the garages on said properties. BEING the same premises which Samuel C. Robertson and Diana M. Robertson, husband and wife, by deed dated March 13, 1995 and recorded March 13, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 136, Page 93, granted and conveyed unto Shelly J. Holliday. AND BEING the some premises which Shelly J. Holliday by deed dated and recorded even date herewith granted and conveyed unto Donald O. Ratel slid Lori A. Ratel, Mortgagors herein. Stela of, Pennsylvania Csunly of Cumberlandl 86 R-"IMsd In Ilia office for the recording of Deeds ovtAand Oberland County, Vhf, :+. cx/liell it (t P12/12 Qr,QK?.?q?rat? ? 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: September 10, 2001 <1 4 v ru 1 r:r \ ?2 21 rv ? ' r•J 1' t? .l ?i i ; RATEL SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest 8.3750% from 03/01/01 through 9/30/01 (Plus $13.9155 per day after 9/30/01 ) Late charges through 9/10/01 0 months @ 22.38 Accumulated beforehand (Plus $22.38 on the 17th day of each month after 9/10/01 ) Attorney's fee 60,646.73 2,964.01 112.74 3,032.34 Escrow deficit 4.034.17 (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 70,789.99 9 COMPLAINT IN MORTGAGE FORECLOSURE ON TICS 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 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 of 140 A. Street, Carlisle, PA 17013. The property address is 140 A. Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 15th day of November, 1999, in consideration of a loan of Sixty One Thousand Two Hundred Forty Seven and 00/100 ($61,247.00) Dollars made by National City Mortgage Company, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company, an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Company, as mortgagee, which mortgage was recorded on the 16th day of November, 1999, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1582, page 655. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A" ATTACHED HERETO. 5. 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 April 1, 2001, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 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 to foreclose. The appropriate 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 Seventy Thousand Seven Hundred Eighty Nine and 99/100 Dollars ($70,789.99) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY Louis . Vitti, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE N0: 2001-05334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS RATEL DONALD G ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RATEL DONALD G the DEFENDANT at 1720:00 HOURS, on the 21st day of September, 2001 at 151 WEST MIDDLESEX RD CARLISLE, PA 17013 by handing to DONALD RATEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 3.90 ?atet4r Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.90 09/24/2001 LOUIS VITTI &, Sworn and Subscribed to before By: me this s'ue' day of (De-G.L., o?lsv 1 A. D. C ((2 d , Prothonotary Deputy Sheriff 9 L? . R SHERIFF'S RETURN - REGULAR CASE NO: 2001-05334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS RATEL DONALD G ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LORI the DEFENDANT , at 1140:00 HOURS, on the 20th day of September, 2001 at 931 HAMILTON ST CARLISLE, PA 17013 by handing to MARIE BARRICK, GRANDMOTHER 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 3.25 Affidavit .00 Surcharge 10.00 .00 19.25 Sworn and Subscribed to before me this ,? day of iL, ,100( A. D. 41V o ProthnotQani So Answers: R. Thomas Kline 09/24/2001 LOUIS VITTI By :A a,,.,,a.< & ...- - Deputy S riff r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 01-5334 CIVIL TERM PRAECIPE FOR DEFAULT Plaintiff, JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. DONALD G. RATEL and LORI A. RATEL, 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 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. DONALD G. RATEL and LORI A. RATEL, Defendants. NO. 01-5334 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $71,040.47, in favor of the National City Mortgage Company„ Plaintiff in the above-captioned action, against the Defendants, Donald G. Ratel and Lori A. Ratel and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $60,646.73 4} Interest from 3/1/01-10/23/01 3,284.07 (Plus $13.9155 per day after 10/23/01) Late charges (Plus $22.38 per month from 9/10/01-3/6/02 $134.28) 112.74 Attorney's fee r_ 3,032.34 Escrow Deficit 4,034.17 (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 71? The real estate, which is the subject matter of the Complaint, is situate in Boro of Carlisle, Cty Cumberland, Cmwlth PA. HET a dwg k/a 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. Louis . Vitti, Esquire Attorney for the Plaintiff 'U \Ai C? z ' w r C iiFN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, NO. 01-5334 CIVIL TERM VS. DONALD G. RATEL and LORI A. RATEL, Defendants. CERTIFICATION OF MAILIN G 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 October 12, 2001, giving ten (10) day notice that judgment Would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: RUC Louis . Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 23rd day Notarial Seal 6f,Ootober, 2001. [:Cher bbyyu! B. Edler, Notary Public Pitts r Pitts, mmis on pges June t 0y2002 Member, Pennsylvania ASSCCIatlon of Notaries Notary P tc C-) , e F- C'i wy ;;D w t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. DONALD G. RATEL and LORI A. RATEL, NO. 01-5334 CIVIL TERM Defendants IMPORTANT NOTICE TO: Donald G.-Ratel Lori A. Ratel 151 West Middlesex Road 931 Hamilton Street Carlisle, PA 17013 Carlisle, PA 17013 Date of Notice: October 12, 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 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS P. I & TES, P.C. BY: U Lo Vitti, Esquire Attorney for Plaintiff 9` 6 Fifth Avenue Pittsburgh, PA 15219 * THE DEBT COLLECTOR IS ATTEMPTING TO COLL.XT A DEBT AND ANY INFORMATION OBTAINED WELL BE USED FOR THAT PURPOSE." . k 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. Louis P. Vitti, Esquire SWORN to and subscribed b5ftire me this 23rd day tarial Seal ller, Notary Public Alleq b r y County d"f'O?etober, 2001. MExpires June 10, 2002 Member, Rennsyhr=, da Av.-xieur,, of NotarleS Notary P lic -9 . . . c (? 1 a? °1ia 4 ?Uy q f V -!'rt ITZ? a n `S? '?s Ulk IN THE COURT OF COMMON PiFAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF E(ECUTION Caption: ( ) Confessed Judgment National City Mortgage Company, ( ) Other Plaintiff, File No. 01-5334 CIVIL TERM Vs. Donald G. Ratel and Lori A. Ratel, • Amount Due 711110.0 Interest 1,864.68(from 10/24/01-3/6/02) Defendants. . Atty's Comm : Costs 72,974.73 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate ori.ginal proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Please see legal Description attached. PRAE)= FOR ATPACB) ENf EXDCLTPION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Please see attached legal dencr;nt;nnc and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: October 23, 2001 Signature- Print Name: Louis P. Vitti, Esquire Address: 916 Fifth Avenue Pittsburgh PA 15219 c[orney tor: Plaintiff zlzchore: 412-281-1725 v n ? T IJN p\ Q.J \1 Nl? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, -Plaintiff, NO. 01-5334 CIVIL TERM VS. DONALD G. RATEL and LORI A. RATEL, Defendants. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by "A" Street aforesaid; on the East by property now or late of William Nelson Quigley; on the South by a private alley, and on the West by property now or late of John Eberly; containing 25 feet, more or less, in front on sid "A" Street, and extrending in depth 150 feet, more or less, to the aforesaid alley, and having erected thereon the Western half of a double brick dwelling house and the Western half of a double frame garage, the Eastern boundary line of the property hereby being c6n ed being the middle line of the partition wall between Lots Nos. 138 and 140 "A" Street and the middle line of the partition wall between the garages on said properties. BEING the same premises which Shelley J. Holliday, n/k/a Shelly J. Holliday Eichelberger, by her Deed dated 11/15/1999 and recorded on 11/16/1999 in the Cumberland County Recorder of Deeds Office in Deed Book Volume 211, page 646, granted and conveyed unto Donald G. Ratel and Lori A. Ratel. HAVING erected thereon a dwelling known as 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. tia i • R t.r IA n k ? ?CY ?F i T Z r-n! 2' C - Cf) ul r C` _.. -? r 7 :'3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, PRAECIPE FOR WRIT OF Plaintiff, EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. DONALD G. RATEL and LORI A. RATEL, Defendants. CIVIL DIVISION NO. 01-5334 CIVIL TERM Code MORTGAGE FORECLOSURE 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 NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS. DONALD G. RATEL and LORI A. RAATEL, Defendants. NO. 01-5334 CIVIL TERM 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 $71,110.05 Interest 10/24/01-03/06/02 1,864.68 Total 72?_ 9 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Boro of Carlisle, Cty Cumberland, Cmwlth PA. HET a dwg k/a 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. U? - Louis P. Vitti, Esquire Attorney for Plaintiff c. t y, :n z. ' J T ??s i } J sr . ? S C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, NO. 01-5334 CIVIL TERM vs. DONALD G. RATEL and LORI A. RATEL, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, 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 140 A Street, Carlisle PA 17013 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Donald G. Ratel 151 West Middlesex Road Carlisle Pa 17013 Lori A. Ratel 931 Hamilton Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Nai`e: 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 e 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 'J !`!;(" Address (Please indicate if this cannot be reasonably ascertained) None_ i `)K?' 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 Carlisle Borough Water & Sewage Dept Commonwealth of PA -DPW Clerk of Courts Ceiminal/Civil Division Court of Common Pleas of Cumberland County Domestic Relations Division C/o Darlene Moyer PO Box 128 Carlisle, PA 17013-0128 240 Clearwater Drive Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 s l; ti t;e f ; Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 140 A Street Carlisle, PA 17013 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. D@fbber 23, 2001 Date SWORN TO and subscribed before me this 23rd day of October, 2000. Louis P. Vitti, Esquire Attorney for Plaintiff ECheryl NoiSeal BEcNer, Notary Public sburgh, Aliegi.&ny County ;nission Expires June t0, 2002 Memoer, 1Lnrisytvzr?iie Association of Notaries i ^y} ?l si ?S AS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS. DONALD G. RATEL and LORI A. RATEL, Defendants. NO. 01-5334 CIVIL TERM 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 as to Donald G. Ratel is 151 West Middlesex Road, Carlisle PA 17013 and as to Lori A. Ratel, it is 931 Hamilton Street, Carlisle PA 17013 Louis P. Vitti, Esquire SWORN TO and subscribed before me this 23rd day of _ Notarial Seal Cheryl R. EcUer, Notary Public Pittsburgh, Aliegf.any County ?Mv Commission Expires June 12D02 MMOTIL"er, Pannsylvanta 9ssodation of Notaries October, 2001. - 'L3 C77 :" 3 -= --, > Jp? L/ 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, NO. 01-5334 CIVIL TERM vs. DONALD G. RATEL and LORI A. RATEL, Defendants. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Company am familiar with the above-captioned case and various servicing activities related thereto and that the pr,Asions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. f Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 23rd day ,vm real Seal Ch -aryl Fs s_cller Notary Public Pt4 bur7h, Alleg??a?q County of October, 2001. hJlu Com3vs c n ?,oires June t o, 2002 _ Member, Pennsylvania k ssoalatlon of Notaries 1V'otary P 1C c> ; , _ r o , , ? J ? ?q G?' ?? ?L? ''.?. ('-. C... 1.c3 ?i x? ? 4 ? hrS l.. I NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO:. Donald G. Ratel 151 West Middlesex Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS Lori A. Ratel 931 Hamilton Street Carlisle, PA 17013 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 March 6, 2001 at 10:00 A.M., the following described real estate, of which Donald A. Ratel and Lori A. Ratel are owners or reputed owners: Boro of Carlisle, Cty Cumberland, Cmwlth PA. HET a dwg k/a 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Danald A. Ratel et al at No. 01-5334 Civil Term in the amount of $71,110.05. 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 ri its to prevent your property from being taken. A lawyer can advise you more specifically of these tights. 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 T6 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, befend, 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 S;aie, 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. v `?-ry Louis 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.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS. DONALD G. RATEL AND LORI A. RATEL, Defendant. CIVIL DIVISION NO. 01-5334 CIVIL TERM Counsel of record for this party. AFFIDAVIT OF SERVICE Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Code MORTGAGE FORECLOSURE Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 Filed on behalf of Plaintiff (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS. NO. 01-5334 CIVIL TERM DONALD G. RATEL and LORI A. RATEL, Defendant. AFFIDAVIT OF SERVICE I, Lois A. Evangelista, do hereby certify that a Notice of Sale was served upon on the defendant on 11/1/01 and all lien holders by Certificate of Mailing for service in the above- captioned case on 10/30/01, advising them of the Sheriffs sale of the property at 140 A Street, Carlisle, PA 17013, on March 6, 2002. LOUIS P. VITTI & ASSOCIATES, P.C. A. Evangelista SWORN to and subscribed Notarial Seal before me this 11th day LCOIM- bar, ryl B. Ealer, Notary Public sburph, gtleyfrenyun County mission xpires Je 10, 2002 Of February, 2002. Pennsylvania Association of Notaries G Notary P lic 2. Article Number fiaba" A. Received by (Please Print Clearly) n C. Signature CM _ 0. Is delivery address different from item 7106 4575 1292 4222 6609 If YES, enter delivery address below: -S. Service Type CERTIFIED MAIL e. Restricted Delivery? (Extra Feel Yes Lori A. V,it pl. 931 ItLntslilrer 5t-ca« Carlisle PA 17013 It 'c Return Receipt ia?Jrstei/?3.6.02 t?oaaid G. xat.A Carlisle Pk 17M PS-Form' Sall , June 2000 - - - r e • om.t. Remm Receipt ':iaelratel/3. fi. p2 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER fBPo ?I Received From: * * a Lo{,){ p ?r 0 0 1 M IRA 152191 s a (412) 281-1725 One piece of ordinary mail addressed to: Commonwealth of PA -DPW - r u Hag 8Ot6 Harriburg, PA 17105 PS Form 3817, Mar. 1989 lae/ratel/3.6.02 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. S5 ? d `elf d ?I1` ?t? ? U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTER TT1WL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMAST Received From: * * * =e { , l 10091111 V? fe 01PITTSRIIR(?1I PA'Q15 5?i (412) 281-1725 One piece of ordinary mail addressed to: Cf) Water and Sewage Dept. 240 €learwater S +v-, Carlisle PA 17013 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current - fee. 35 E'. ?uR?y rJQ/?'/ E ?41 ??1 i?SP PS Form 3817, Mar. 1989 lae/ratel/3.6.02 U,S. POSTAL SERVICE C RTI ICATE bF MAKING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER i Received From: LOUIS P. VI-q 4 AS11 $ ? 916 ? 990 CT - ?°Il-TTSA@A(jH, l filTlE_qP*e° (412 281-1725 One piece of ordinary mail addressed to: Tax Collector Of Carlisle Borou C/O Darlene oy PO Box 128 Carlisle PA 17013 PS Form 3817, Mar. 1989 - lae/ratel/3J6/02 PS Form 3817, Mar. 1989 lae/ratel/3.6.02 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. 4135 a O1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER <0POV Received From: LOWIS T PI 190 0 X1152191 One piece of ordinary mail addressed to: Clerk of Courts One:Courthouse Square Carlisle PA 17013 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Y3 5 01 FUV? i U.S. POSTAL SERVICE C€RTIFICAT€ OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: * * e5 LOUIS P1V Irn &A ? 6 5 pjf%$FI8QK*AKa19 1 (412) 281-1725 One piece of ordinary mail addressed to: Tenant/Occupant Carlisle PA 17013 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. 7PA F 1 Oi,; '\'e 19 3€l fj C?IA" ? USPS j' ra rorm S8l f, Mar. 1989- lae/ratel/3.6.02 PS Form 3817, Mar. 1999 lee/ratel/3.6.02 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER gPp Received From: * * .* yD LOUIS R YRTI &R- F2 ra ra. it 54 t94f#81 o c 3 0 ?JR?iH cAcl£e?19 1 412) 281-1725 6?, One piece of ordinary mail addressed to: Bureau of Compliance Dept. X1281230 Harriburg, PA 17128-1230 Attn: Susan Slough U.S. POSTAL SERVICE CE TIFI ATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER TES POgr. 5 Received FromLouis & © } 3 PI"rMUR15819 1 (412) 281-1725 One piece of ordinary mail addressed to: Court of Common Pleas of Cumberla PO Box 320 Carlisle. PA 17013 PS Form 3817, Mar. 1989 lae/ratel/3.6.02 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current ?p 9 ?-LU\t QCa 30 1 i m} i' 0 J'tn Y y? Wisps a Affix fee here in stamps or meter postage and cost mark. Inquire of m 1 3?? 9 If IjsI S i Countyy t0o &, i?, &, . Wsr?lMi wvk "?6 NWANOW"ONk, Y Q f L? cry ?' YC STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Robert P Ziegler 1, --- ------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- National City Mtg Co ----------------------------------------------------------------------------- is the grantee '6th the same having been sold to said grantee on the --- --------------------- day of ---------March ------------------------ A. D. 1122002 , under and by virtue of a writ ----------_--- execution 25th ------------------------------------------------ issued on the ------------------------------------- October xx day of __________________________ A. D., W- 299 out of the Court of Comman Pleas of said County as of -------------- civil ------------------------------------------------------------ Term, W-2001_- Number 5334 -------, at the suit of National City Mtg Co ---------------------------------------------------------------------- Donald G Ratel & Lori A ----------------------------------- agamst---------------------------------------------------- 's 250 4717 duly recorded in Sheriff's Deed Book No. --------___-, Page ------------- of j SS. IN TESTIMONY WHEREOF, I have he7cunto set my hand and seal of said office this o2 --------- day National City Mortgage Company VS Donald G. Ratel and Lori A. Ratel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5334 Civil Term Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 06, 2001 at 8:59 o'clock A.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Donald G. Ratel, by making known unto Donald G. Ratel personally, at 151 West Middlesex Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 06, 2001 at 8:45 o'clock A.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Lori A. Ratel, by making known unto Lori A. Ratel personally, at 931 Hamilton Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2002 at 8:41 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donald G. Ratel and Lori A. Ratel located at 140 A Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Donald G. Ratel, by regular mail to his last known address of 151 West Middlesex Road, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Lori A. Ratel, by regular mail to her last known address of 931 Hamilton Street, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 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 March 6, 2002 at 10:00 o'clock A.M., E.S.T. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgage Company. It being the 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 $756.82, it being costs. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 14.84 15.00 15.00 30.00 10.00 .50 2.50 9.75 1.63 15.00 30.00 265.40 241.50 24.20 25.00 26.50 $756.82 Paid 3/12/02 Sworn and subscribed to before me So Answers- This ?r' day of f ?? ? R. Thomas Kline, Sheriff 2002, A.D. r thonotary Y OOH o ?VY1 L Real Estate Deputy 3l?w aAk- L I. )v C"' A• clef 3S?1 ?. /? 3'102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. DONALD G. RATEL and LORI A. RATEL, Defendants. NO. 01-5334 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, 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 140 A Street, Carlisle PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Donald G. Ratel 151 West Middlesex Road Carlisle Pa 17013 Lori A. Ratel 931 Hamilton Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: T azame: 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) hone 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 'Fax Collector of Carlisle Borough Water & Sewage Dept Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Court of Common Pleas of Cumberland County Domestic Relations Division Address (Please indicate if this cannot be reasonably ascertained) C/o Darlene Moyer PO Box 128 Carlisle, PA 17013-0128 240 Clearwater Drive Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 140 A Street Carlisle, PA 17013 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 unworn falsification to authorities. 0065ber 3.2001 Date SWORN TO and subscribed Louis P. Vitti, Esquire Attorney for Plaintiff before me this 23rd day ??; 7al al Cheryl 6. Ele ry Public Pittsburgh, ;y County Of October, 2000. 9fy Corm iiss!on Fxpres June 10, 2002 ?/) teienib:, ??=r^;>perl??P-CCf2ii0u ?^.t Npta?i2s Notary P >c NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO:. Donald G. Ratel Lori A. Ratel 151 West Middlesex Road 931 Hamilton Street Carlisle, PA 17013 Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 6, 2001 at 10:00 A.M., the following described real estate, of which Donald A. Ratel and Lori A. Ratel are owners or reputed owners: Boro of Carlisle, Cty Cumberland, Cmwlth PA. HET a dwg k/a 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Danald A. Ratel et al at No. 01-5334 Civil Term in the amount of $71;110.05. - 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 right's. 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 -- (7.17) 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 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 Sheriff s S,a(e., 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 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. l Jv? _ Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue *THE DEBT COLLECTOR IS ATTEMPTING INFORMATION OBTAINED WILL BE USED FOR Pittsburgh, PA 15219 (412) 281-1725 TO COLLECT A DEBT AND ANY THAT PURPOSE." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, NO. 01-5334 CIVIL TERM vs. DONALD G. RATEL and LORI A. RATEL, LEGAL DESCRIPTION Defendants. ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by "A" Street aforesaid; on the East by property now or late of William Nelson Quigley; on the South by a private alley, and on the West by property now or late of John Eberly; containing 25 feet, more or less, in front on sid "A" Street, and extrending in depth 150 feet, more or less, to the aforesaid alley, and having erected thereon the Western half of a double brick dwelling house and the .Western half of a double frame garage, the Eastern boundary line of the property hereby being otlrfveyed being the middle line of the partition wall between Lots Nos. 138 and 140 "A" Street and the middle line of the partition wall between the garages on said properties. BEING the same premises which Shelley J. Holliday, n/k/a Shelly J. Holliday Eichelberger, by her Deed dated 11/15/1999 and recorded on 11/16/1999 in the Cumberland County Recorder of Deeds Office in Deed Book Volume 211, page 646, granted and conveyed unto Donald G. Ratel and Lori A. Ratel. HAVING erected thereon a dwelling known as 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. is i' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-5334 CIVIL'P97z_ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due National ri 3z Mortgage Company from Donald 0. Ratel and Lori A. Ratel DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Please see legal Description attached (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the detendant(s) or otherwise disposing thereof: (3) If properlyof the defendant(s) not levied uponan subjectito attachment isfound inthepossession of anyoneother than a named garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,110. 05 Interest from 1$1285&168 3/6102 Atty's Comm Atty Paid _ Plaintiff Paid Date: October 25, 2001 L.L. $.50 Due Prothy $2.50 Other Costs Curtis R. Long Prothonotary, Civil Division Deputy REQUESTING PARTY: Name Louis P. Vitti, Esq. Address: 016 Fifth Avenue $123.15 Pittsburgh, PA 15219 Attorney for: Plaintiff Telephone: 41g-281-1725 Supreme Court ID No. • i SEAL ESTATE SALE No. ?-? On November 02, 2001, the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered as 140 A Street, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 02, 2001 By: ?S.??tlL1 Real stale Deputy ??.. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 9,085 E. TMER, N&M public Cadisla ftm, CumbMINd CaantY my cwm Ewms Liarch 5., 2 W REAL ESTATE SALE NO. 22 Writ No. 2001-5334 Civil National City Mortgage Company VS. Donald G. Ratel and Lori A. Ratel Atty.; Louis P. Vitti LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by "A" Street aforesaid; on the East by Property now or late of William Nel- son Quigley; on the South by a pri- vate alley, and on the West by prop- erty now or late of John Eberly; containing 25 feet, more or less, in front on said "A" Sheet, and extend- ing in depth 150 feet, more or less, to the aforesaid alley, and having erected thereon the Western half of a double brick dwelling house and the Western half of a double frame garage, the Eastern boundary line of the property hereby being con- veyed being the middle line of the Partition wall between Lots Nos. 138 and 140 "A" Street and the middle line of the partition wall be- tween the garages on said proper- ties. BEING the same premises which Shelley J. Holliday, n/k/a Shelly J. Holliday Eichelberger, by her Deed dated 11/15/1999 and recorded on 11/16/1999 in the Cumberland County Recorder of Deeds office in Deed Book Volume 211, page 646, granted and conveyed unto Donald G. Ratel and Lori A. Ratel. HAVING erected thereon a dwell- ing known as 140 A Street, Carlisle PA 17013. Parcel ID# 06-20-1798-285. 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 Michael Morrow 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 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The 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 s d Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County Daupiin in Misereleous Book "M", Volume 14, Page 317. r ???? PUBLICATION COPY S A L E #22 Notarial Seal Tony L. Ruas06, Notary Public Harrisburg, DaiafMn County My Commission Expires June 6, 2002 Member, Pennsylvania Association of Notaries ..................................................... e is 22nd da f Fe ry 2002 A.D. N ARY PUBLIC My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 240.00 Probating same Notary Fee(s) $ 1.50 Total $ 241.50 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... REAL ESTATE SALE No. 22 Mrlt No. 20015334 - --CIvIlTerm 1;. ?Jatlonal Clty Mortgage Co. cog , Donald G.,Ralel _ and Lori A. Ratel ?AIY THAT CERTAIN tied of land situate in the =13orotiglh. of Carlif', Cumberland County, -.Pennsylvania, bounde and described as follows: €BOiJN on ?be North by "A" Street _ aforesaid; on the East by property now or late of dlimn Nelson Quigley; on the South by a ply ale alley, and on the West by property now or late of Sohn Eberly; containing 25 feet, more or ,.less, 'tn nt of side "A"Stree.4 and extended in F I epth l50 feet, mom or less, to the aforesaid ley; q-d having created thereon the Western half of double brick dwelling home and the Western .Ljdf_of.-a double frame garage, the Eastern been fine of the property hereby being 1a _ _ emg-tte middle line of the partition wtR between Tots Nos. 138 and 140 "A"Street and the middle fine of the partition wall between ,-'7t to Stones on said properties. & A the same premises which Shelley J- Holliday, nWa Shelly J. Holliday Eichelbergee, xby her Dead dated 11/15/1999 and recorded on -1111611999 in the CumberlandCaunty Recorder n of Deeds Office in Deed Hook Volume 211, page 646, granted and conveyed unto Donald G. Ratel and Lon A. Raley _ ?'tNG erected -thereon a'dwelling ]mown as