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HomeMy WebLinkAbout01-06117 /""("':':"""" ;<':-'~!(" .'" 'lr~' :T__'; r'-<';"i~,_~";'" '.- --~-.. , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 0(- /Pill G~u~L ~~ Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. SCOTT W. SHEARER Code - MORTGAGE FORECLOSURE Defendant. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.c. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ,"~~ ,"," . -'r~' , 1-, "~ ,-:: ..ro, :.~ ofC"--'-~ '~'""- ,"-~. "'"-,~-' ~ COMPI_AINT 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 OBJEC'fIONS 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 LffiERTY AVENUE CARLISLE, JP A 17013 (717) 249-3166 "'i\-'W~..~~ ,~., .__.,~, _~ ., ,"' '"I '" , - ,. , '." ,..~,' " -,'" ,~ 1-~'~:rij "-~:T-'~ '-'T'r .""---'' ". -- ,--,. -- '" '''< 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 Rilles 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 1894 Esther Drive, Carlisle PA 17013. The property address is 126 Liberty Avenue, Carlisle, PA 17013 and is the subject of this action. 3. On the 30th day of September, 1998, in consideration of a loan of Fifty One Thousand Four Hundred Thirty One and 00/100 ($51,431.00) Dollars made by National City Mortgage Company, a n 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 2nd day of October, 1998, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1487, page 82. 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: "Inr, ,k , .} , ~ 1" '-1-, "" , li'W1I'''":Yi(;f{ ,;".-0;;.. > ,- ~-~It--'-<T-'''~''~'---"~ ~', ..~, "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 instalhnent 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 May 1, 200 I, the mortgage has been in defau1t 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 ofthe 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 Fifty Seven Thousand Nine Hundred Thirteen and 10/100 Dollars ($57,913.1 0) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY .to<<i4 P. ~itti Louis P. Vitti, Esquire Attorney for Plaintiff '-'''>~_Ill,.,,<_ " ,r ,--, -I~ I,', , ;~:";;;'~f~. '!'f"t'L'c'- ,,. c' =.,,~. . ,-,- SHEARER . SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 50,146.11 Interest 7.3500% from (Plus $10.0979 per day after 04/01/01 through 10/31/01 ) 10/31/01 2,150.86 Late charges through 10/23/01 o months @ 17.65 Accumulated beforehand (plus $17.65 on the 17th day of each month after 105.90 10/23/01 ) Attorney's fee 2,507.31 Escrow deficit 3 002 92 (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 57,913.10 'yJ,,_ ~ - _" "0:' I '-"'",,- "'~ ~- - - "-. -- -, '1ry """".T 11'"'" ',':,>?,'. IS-19-S1 14:19 PREMIER "TRACT ID-?I' " '-3339S , PDS/SS . , :~ ',....;./ U'ULJ;;GAL DElSCRIPTION ~L TBATCERTAIN part of lot of ground situaeeon Li~erty Alley in the borough of Carlisle, county of Cumberland and Staee of Pennsylvan1a, adjoining a lot of ground on ehe West now or late of the heirs of Mary Johnston, on the South by a lot. of ground now the Bethel A.M.E. Church; on the Ease by prop~.cy new or of the lace John Tyre: on ehe North by Liberty Alley; containing,lS feet in breadth, more or less, and 120 feec in depth, more or less; wit.h the libert.y of the righe of way to gee wacer from ~ well or pump of water on ,he prcpercy now or late o{ Henry Z~itz, and the liberty of .an alley adjoining the same, Being improved with a small brick dWelling house, being No. 126 Liberty Alley. :..; .; BEING THE SAME PREMISES WHICH Brijin J. Raymond, n/k/a Brijan Raymond Bowermaster and Gary E. Raymond and Patricia M. Raymond, by their deed to ~e recorded simultaneously herewith, in the office of the Recorder of Deeds of CUrnb~rland Councy, granted and conveyed unto Scat~ W. Shearer. ":::..:'-'_;.'t;;::.'.:~_ ~,- '. ';;';;<':i:,;-;,'f" -',' ..: . ".:-"""-'--'- .'".. ':~ ,~- .,..~~.."~.~~~~~j;:':;:l~:~;::::.:'::,;_~:j~~_;~i~~Jtm~-:;i!;1~:::ts:~~:'~~: ~(::--::'-;';~:"~:." /',;'/ l \';.L:( ,.,J' fJ'{ j,;} I l' .!,~:- .~~. ~" .' o":" '~ J" I,' " i'~: '~': iIl <'1 ',".' :'o" ;' J" ""j'; :: )', ...~I' ,'1.'.: -~' ~:'" ", ., /",.. f ..{.. .. I :.iV~/;' ~--;':'.Jf,j \ ~~ ;:/ /1 " ,"" 'I" .'. " I .::'.1' '(,"',':" f' :/. 'f" /r .,~r ~.. /," . ,t, ~J ~.~.,~ "f I " "', ,:i;; ,~',': iff .' / ,," 'Y".",,, { J..:-,' ',j~"JJ!' ;:. _' ,,' _ __~_ __ ....... :-:::::;'...~,;~;~:;;f;-:~.~s;J,; ;~;:~itr:i;;~i:7.~\;:ii;~:~y;f ~~!:r' (r'- ::, ;:' ;:i, :;;0{ :~;:iN; f, .:r;:.: .:::!~ ., "d..'_. "';':-._:.: -"'-' '..",", ,'..'-" :.' ) .::':J.;:" .~;;'~ " '_n' ." -:.~ . ';""'.'-'.-- ',,-: --:'.,:, .. "~ . [YA,~/;j \11 {( . ".~.-; -',. . ''r~~. ,~ O~~ ~ '"'"....,..,;., " - ,-;.~i1~[ "',,-:'~-,%:;;;.~.:', " ~..,.,' ~~~~~~ -. ,..,",..".:~ ~'~'"" ~..--~- ; -,;;i'P';:'- .__No' I~' . , VFRIFIC:A TION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. .t~ 1'. lIitU Louis P. Vitti Dated: October 23, 2001 .' 1i1Jl!l 'j.\" ~--~._"'" . '0 ~ ~ 1 ~ "'. ~ :p i.JQm n~~!!f! '-,,_'.'n,/__ ,,~ ,_,,,,,Ifiim!Jr~ ___,~~1!l-.1~ "~~'~ ~0 if- 1:;s ~ ~l Crt C5 D ~ 0 ~ " I () (). 0- I ~r J ...... ........ \} ..... ....... 1: ~~ )1ItiiRii!l~!'J")j~lj"R'i\i=-""i,"WF--"\'-""'-'o)),' . ., .'"'<' .']ITl i' lrulll!aW"1!r"'li?liliiftl#il o c -~ "Jf::~ cpr:r; ...::_ I: &;~:~ i~ :< < C) o ~n ,~ Tl o 8 o n -; N Cf. N <"'0'< ~C~" '"""'!"'%-,(1'l>~J!~~~JlIWl'i~_"II<:~~_~~~~jij'ilrtf~ OJ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS SHEARER SCOTT W 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 SHEARER SCOTT W the DEFENDANT , at 1605:00 HOURS, on the 31st day of October ,2001 at 1894 ESTHER DRIVE CARLISLE, PA 17013 by handing to DORIS GLUNT, MOTHER 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 18.00 3.25 .00 10.00 .00 31. 25 So Answers: r~~~~~ R. Thomas Kline 11/01/2001 LOUIS VITTI Sworn and Subscribed to before day of By: ~~,#~o#,~ Deputy Sh iff me this C(~ k......!.,,,-, .2bo! A.D. C1-y.. t2. 7h-<,i." JJr"r Prothonotary 1;.,'I,.,.,.,^__;_.o, ""'< I'" ,~~-"_...""",-~ '~'I I~ "'. w"''''rr'-l'"~'''' =~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 01-6117 CIVIL TERM Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vs. SCOTT W. SHEARER, Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party : Louis P. Vitti, Esquire PA J.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 """"".<"'0 '._._.~_..".,".e._,,_. ~.." ,,,,.,0.,.' ,~,,',"'__"~,_ ",".'""_ -~ " - -".~" -~ " t"'~"'" "<-":';. ." _" 'I ~ 0,' [0 ., Ji 1'1' ~~! ~~ \1 '-" "~ ~~ :J ~. 3';, ~' (I' "" ~., ~i: ~ I >,,1 ';'1 i~'i ~:I ,;:; ~;i L:; ''<:1 :i~; ~-' f,:: ;,; ;', (,,- ~- ~j,- , ;, ~:~: eo, '-"" , ." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. SCOTT W. SHEARER, Defendant. NO. 01-6117 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 $58,892.60, in favor of the National City Mortgage Company, Plaintiff in the above-captioned action, against the Defendants, Scott W. Shearer and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 04/01/01-02/05/02 (Plus $10.0979 per day after 02/05/02) Late charges (Plus $17.65 per month from 10/23/01-06/05/02 $123.55) Attorney's fee 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) Total Amount Due $50,146.11 3,130.36 105.90 2,507.31 3.002.92 $58,892.60 The real estate, which is the subject matter of the Complaint, is situate in Carlisle Boro, Cumberland Cty & Cmwlth ofPA. HET adwg k/a 126 Liberty Avenue, Carlisle, PA 17013. Parcel No. 03-21-0320-040. ,,~, , "" - ' ., - ,~ " ' -,--~-, - ~~~dr; Louis P. Vitti, Esquire Attorney for the Plaintiff - .--, ,. . l' );"'~'~"1i~~r""f!"';"!,";' . F'l"','T!'J,i!!JUJU,. '" ." '-'j'" ~, "~, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. CERTIFICATION OF MAILING I, Louis p, Vitti, do hereby certify that a Notice ofIntention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on January 25, 2002, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: ~~$' OUlS . lttl, sqUIre Attorney for Plaintiff SWORN to and subscribed before me this 5th day of February, 2002. NoIa1ial Seal Che5' B. Edler, NoI8Iy Public PI ' "County MyCommis ~il10.2002 Member, Pennsjll\lenla Ass<Jc1alion ot Notalfes ~ ',=", ,""" C." ''''''''''' ,,', ""-" ,,",,~, , ~ , ,,-. .,." ~ o,~,'_ ", . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. IMPORTANT NOTICE TO: Scott W. Shearer 1894 Esther Drive Carlisle, PA 17013 Date of Notice: January 25, 2002 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 MAYBE 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 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 tr L8z . BY: Luis . itti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** ~r,'~lT)i,~,l","!,,,,,, ~,"""'''' "'" ;~:'~:'/::h,-((" ",.--~ . WI .~' L~:.< -" ,-fj,' 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 ofthe 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 uuits covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of " ~ " ,'", 1940, SWORN to and subscribed before me this 5th day Notarial Seal ~ B. Edler, Nolllry Public of February, 2002. My~~~~~~2002 ~;;/;:---'_. Notary P lic r",;g!f<J'.n.", ",0 ,~, ,,"" .,,!!!!!I!l!!II, .,.'~~_.'.~'~ ..~ ,^"_ , ,', -~--~". -. ,.,,~- -- , "",_".'__'.",,,,0, " .- q,,, ..x~~,'" ,"""" " ,...~,~" ,.,- "'"',~ ,~'I''''''' . ~,'~, ~, , ,," ""0' ""'~---"{,"-'N;;"~'ir~~rtllrfl'.,-.ft''Wl\'Y!n'n;j(t':iY;1'~j'-i,J~~i:~n!~~!~~~t~'itttib~{~';gnr!;j""'tk-~';~Ji:~;; 0 .(Q. t ~ ~ .-0 0 Ci , C t~..) ( ,) ~ :;';'.... " gj0':~ -" ,f71 CD '- F -- ~ iJ5 .s:~ , Co lU -cJ ~C~" , .. - " ..--,-'~ , T, ~ &") t r- ~2 ~:.~r5 V ~ -<t ~~~I) , ......n ....:;- :..,:-. .J"'" =2 :0 r- {n -< ~ ,E" ~ __l.~,~'''!'", ~1'W~N~;5C~~T,""~~\,,,,n'iJ~!''/>1'i~~~~w!;'''l.!IiI!l!i~~,",,, ....,.".G;,jlll"I"f"l""""'l~ ,""".__'~1J:lm;~n1~!j!!JE'iC ;;;;,;;#~~~' ''\ """ '",,,' r"'T" "'r' ~__'-= ,,'--~ ' -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. 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 provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. d~M' Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 5th day Notari<ll Seal = B. Edler, Notary Public '\jh. Allegheny County My Commisston Expires June 10, 2002 Member, Pennsylvania Assoclalion ot Notaries of February, 2002. - ",. " .'.'~~, '"'~--'.<'.,""'''''' ,<"",..~ ~. """1,1 ' "..,,," '_ ~. -c-'" r,,' v,..,' "r,:'~" c"':' " --s'" ~",'-- >,. -~.,,"'" ."."';.1,----.'- - I' - ~ !1!1\!"" 3""",,", .,,--- .'~' ,'~--'" "',~ '"..~.-,~"", """"'"''''''''-~'''~',''ro''-.'-'~''__r~f''ID-'r'j""," 'c]r~,r-~':;Y~tW~t~~\li1~~1j,.0#~~!'.:;,~~~~;.,";v:~,~~lt-y!~4~~~,; o c ~ -r] rI:~ nl F:~ ~:T u3>. r:: ~C- r~:('"'J ..'-"~ --r',,_ --i -'.:::;: p 2~ ,~-,) (J1 a' N -" ,,, OJ I co C, -,-I ~~. 1"'!'--.--.,~,"""t~t",,.~:,''''''''..!!I~,~I,'7,~,,~,J~~~t'<(l.0R<"~F;"V.::;;;1.!!i."~\"!l:~~~"'!!""~,~,.Jp, ~~"l11jlf,W~J!:ifl_~ -'i-~ff'" -- ,", -'- '1' ': '! :, .- :1 ;J < ',,~,~~~, " - , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. 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 126 Liberty Avenue, Carlisle, PA 17013. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this carmot be reasonably ascertained) Scott W, Shearer 1894 Esther Drive Carlisle, P A 17013 2. Name and address ofDefendant(s) in the judgment: Name: Address (Please indicate if this carmot 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 carmot be reasonably ascertained) None -' "~',",~"'_ __,",C"~,<,L ""',_' ,_~ "~, "'"""., "',. ~'.-" ~.-,.," ~,' ,'l'<,' ..~,- i"~ft":'.)>' ~.( "^--.'"' '-iiU<'~-~" ,. ~ , 4, Name and address of the last recorded holder of every mortgage ofrecord: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Carlisle Borough c/o Darlene Moyer P.O. Box 128 Carlisle, P A 17013 Borough of Carlisle Water & Sewage Dept. 53 West South Street Carlisle, P A 17013 Commonwealth ofP A -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 '-~',r;:..I!1,~ ,~ ., ~~ - '~~, , _, _,~_" _ " .=,_ <,~_ ' ,'r'r' ,. ~ .. ._' <,,_0, . - n' . "'-"~' ,-'> T ~~, IT" "n n - ,~ .c Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 126 Liberty Avenue Carlisle, P A 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. February 5. 2002 Date .... oui . Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed .",' before me this 5th day ,i: ;'1 of February, 2002. "I' , " ";",8'] ""'~ "~ ~, '-, '-<. - ,~'- ,= ~, "'" , ",,, " ..,- ,~,-" ~""!' ~ - ". ._ .___.1. ._ .',- r''',~J!lI,~ J __ ~.~~'.l\l~,I,!, '<~', ..", ...." I ". .Tll"~'if . ',Wi -ri;'(~''l~Wt,'!i,,'li~';\Iii{.....liii'''''l'~", 0 Cl 0 C r" ,J ? -" ""1:.1 ~-,.,... ", Er rrt rn G~ .- '7 Z r-'- I U;? "-" C'J c; ..,', r :-._,. , :t':::'1> ~ C- .' ,-~. ,,.,.:-- ~ c' :~<.) '.;'~ =2 :'.(j u, -< 6 81/ ~.IM,,,~ "'" ",~H!i!-W-!~~I'l'Nf~5;'W>f',"'-~~.,tt~;ww~~~_ r:m=liWJt J/ ,'.~ : ~ III 'Wi).. ~~;&J , ~T.T,'tf?,1 ", " ;:1 ;,' "I 0'1 lei ~" :! ;:,11 <"i ;:,!i tt; "; c<~ '" << ~": :'k'l - .., NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Scott W. Shearer 1894 Esther Drive 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 June 5, 2002 at 10:00 A.M., the following described real estate, of which Scott W. Shearer are owners or reputed owners: Carlisle Bora, Cumberland Cty & Cmwlth ofPA. HET a dwg k/a 126 Liberty Avenue, Carlisle, PA 17013. Parcel No. 03-21-0320-040. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Scott W. Shearer at No. 01-6117 Civil Term in the amount of $58,892.60. 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 (l0) 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. , ~, _'~H~ ,~, ,~ ,+ ,~ -~~,~, ~ Y,-:i'r.:,',:",'-"--'& '^-('-~i" ., YOU SHOULD TAKE TillS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. ,',j CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 , ij 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. ~:i ~J ;;i 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. I ;,~ ,," 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. ;~l "r :', '-\, ~,t ~:;;' "l' k:~ :'~1 l:H " <;;, 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. I'"~ ,<, ;,:'}' :j' '", 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. " "l'< ~'\; 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. I': I i ?~~$- Louis . 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.** i'"~~~",,= ,1,". ""'0;" - ,"l - -""""",I.~'''__'''''",,,,'''''' ".,. '.,>, ,~"" _ '_,~ ,i' lj :,i j ;j 1 _:j :~ "'\:;" .-" ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. LEGAL DESCRIPTION ALL THAT CERTAIN part of lot of ground situate on Liberty Alley in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, adjoining a lot of ground on the West now or late of the heirs of Mary Johnston, on the South by a lot of ground now the Bethel AM.E. Church; on the East by property now or of the late John Tyre; on the North by Liberty Alley; containing 15 feet in breadth, more or less, and 120 feet in depth, more or less; with the liberty of the right of way to get water from a well or pump of water on the property now or late of Henry Zeitz, and the liberty of an alley adjoining the same, Being improved with a small brick dwelling house, being No. 126 Liberty Alley. PARCEL NO. 03-21-0320-040. HAVING erected thereon a dwelling known as 126 Liberty Avenue, Carlisle, PA 17013. BEING the same premises which Brinjin Raymond Bowermaster fl'kIa Brijin 1. Raymond, married person, and Gary E, Raymond and Patricia M. Raymond, husband and wife, by deed dated 09/30/1998 and recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed Book Volume 186, page 585, granted and conveyed unto Scott W, Shearer, single. ^". , , " , " _....t_ iii '~'o' ~",,-' - " =," ~ ",~ " ~"" ~, !D!~!1-~~~P""""!-"''''''''''''-'1~f1IrWi~~ti'f!!!!Jlf'4!I!Wi,'1!~1tl*!~'ff<.''Sm~1jl)~,IIP(0"'~"'~",",,-,1",,'" ~ III UiTr'\'Nf~!""~h"fiI'i,wlffl'tlliii'iTjn'liil~r 'iIiliH' ," 0 C~ 0 c:: ,,, .1 ;:;.-0- ." -0 l.~: : 1"'1 m ,j] '::;0 ;< ::' Z C~- [ ,'(1 en en ;::; ~ .' , ~ .- c, ~:) ~ ~-:;-:. :-:~j -. ) ::;> , (-1 ,'Tl c: ?:'; ,"~ :~,) :iJ -~ (Jl -, 'f".' ""?;:'m"7j"'~"~~,".'!;f;Hwm;'!"l~;;;;;'ijl'!'\~~17.l1!""F'-~:JI~NOl)-plC"iO;~:~*f$:W~~f!' . . . rru fF\\ru ffJl~ll ~\UJU=VU UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: SCOTT W SHEARER Debtor NATIONAL CITY MORTGAGE Movant SCOTT W SHEARER LEON P'HALLER Respondent Trustee } } } } } } } } } Case No: 1-01-05609 .,..--- Chapte::.7..,. .' , '-\' \.; ) \ \ 'i.~.. '.'~._ \ Ji\N \ \ 'i.uGL HAHR\SBLJRG Pi' t. . an\<.ruptc)I court (~':crk, U.S. E\ _--- \15') ORDER OF COURT llrt-'r'\j -r I AND NOW, to-wit, this day of '---l6.\)U 0.. C'-1 / ,.:l.OO~'J based upon the Motion submitted and attached hereto, it is hereby Ordered, Adjudged and Decreed and determined that the Motion is granted. Movant, shall be and is hereby permitted to proceed and continue with an action in mortgage foreclosure arid is hereby permitted to levy and Sheriff Sale the property above described and located at 126 Liberty Avenue, Carlisle, PA 17013 to pursue its remedies under state law in connection with the subject note and deed of trust/mortgage, i' ~ 1)::.~~,,~",.,,~__, , ........-I~~,', BY THE COURT: / {J]~~~ I(~~ ROBERT J. WOODSIDE CHIEF BANKRUPTCY JL~GE 4 '1,,0. - r' -- ~--i ~~' '~' ' : l' J ',I '" :~ :;1 ~': ;:j A "j , cl "; "1 '--, , 'is "<~-u,, ~. .~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 01-6117CIVILTERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. Code MORTGAGE FORECLOSURE SCOTT W. SHEARER, 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 ,;----,.,.." . "e""'__'d~'~"" __.,~__,~,o < ~",",",,<," P ;""~f-J_'~''''_ r" ',<, "",.~_', ,"'r ~ ,," "",),.,,-(' , ~ i ~n 1., ~] "j . ~ "I ;! ,':1 , ',-1' ;~r, :~~ ,:i ,,-i-: :'1' ;i:' ,'\1, 'f' :(, ,;1 '" 31 -." i.! r: '::'co ", " , Ii i; i ,'I ! h ':''i!!t,~_~.. I':';", .....: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. 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 $58,892.60 Interest 02/06/02-06/05/02 1.211.75 Total $60,104.35 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate m: Carlisle Bora, Cumberland Cty & Cmwlth ofPA HET a dwg k/a 126 Liberty Avenue, Carlisle, PA 17013. Parcel No. 03-21-0320-040. ~~' Luis P. Vitti, Esquire Attorney for Plaintiff , ~.." --, ,~~. ,'- q -- -'''-' -. - -' ~, c'''""" "" ,~ T r""[ ".1 T '''' ,~ -\ .~ IN THE COURT OF COMMJN PLEAS OF CUMBERI.J\J.'lD CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION COUNTY, PENNSYLVANIA Caption: Confessed Judgment Other National City Mortgage Company, File No. 01-6117 Civil Term vs. Scott W. Shearer, Amount Oue___$58.892.60 Interest 1,211.75 Atty's Ccmn Costs ro '!HE PROIHON:JI'ARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instaillrent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate or:i.ginal proceeding filed pursuant to Act 7 of 1966 as arrended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above rratter ,to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See attached Legal Description. PRAECIPE FOR A'I'l'AOfolENl" EXE01l'ION Issue writ of attachrrent to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachrrent against the above-nared garnishee( s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ( Indicate) Index this writ agains t the garnishee( s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~ I LJ..... . Signature: t' ~r.f2:tt1./CX/~ DATE: February ~, 2002 ?::int Name: Louis P. Vi tti 916 Fifth Avenue Pittsburgh, PA 15219 A:to~ey for: Plaintiff .~dress: :21e:=~or.e: (412) 281-1)!ZS f~"l,If,<:rJ ,,:__ p L" I., , ..,.~,' , ,~"- "1 p' , , ,~ ~ ~""""""'''''' . ,," ~ ~ "' '~ ~, "'1' """"'"""'- "~ ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. LEGAL DESCRIPTION ALL THAT CERTAIN part of lot of ground situate on Liberty Alley in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, adjoining a lot of ground on the West now or late of the heirs of Mary Johnston, on the South by a lot of ground now the Bethel A.M.E. Church; on the East by property now or of the late John Tyre; on the North by Liberty Alley; containing 15 feet in breadth, more or less, and 120 feet in depth, more or less; with the liberty of the right of way to get water from a well or pump of water on the property now or late of Henry Zeitz, and the liberty of an alley adjoining the same, Being improved with a small brick dwelling house, being No. 126 Liberty Alley. PARCEL NO. 03-21-0320-040. HAVING erected thereon a dwelling known as 126 Liberty Avenue, Carlisle, PA 17013. BEING the same premises which Brinjin Raymond Bowermaster ffk/a Brijin 1. Raymond, married person, and Gary E. Raymond and Patricia M. Raymond, husband and wife, by deed dated 09/30/1998 and recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed Book Volume 186, page 585, granted and conveyed unto Scott W. Shearer, single. tl~, r ."'~ r"t,__" ~ ~!!:,'""R r .', ",'~ < _ I "", .'~ ',. ,," ' """~ ~'T.'~":"rj~''''-' ,;;-'~ '("" ,,,,- c' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. <,1 SCOTT W, SHEARER, !J ~J i 1 Defendilllt. :', ~~ ,', :,j AFFIDAVIT ';J. 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 r~al property on which the Plaintiff seeks to execute. That the f, :;; Defendants' last known address is 1894 Esther Drive, Carlisle, P A 17013. ;~' ~~fitr Loui . Vitti, Esquire SWORN TO and subscribed ;f before me this 5th day of Notarial Seal C!'eryl B. Edler, Notary Public Piltllburgh, AIIejjheny 'County My Commission Expires June 10,2002 Member, Pennsyl\ranla AsSOClalion of Notaries 't February, 2002, i:, C, =.' ",. ,- , " "~,;,, .~,,!J8, ~,~, ~, ~',~" ~ .'" , " , , "' .. '~","',' 0, "'" ,. L ' .-,__ "__ lir n fJ ~ ~ ~ ~ t t; - ~ -..{) [ JI~L~. ~, ~",~ ~,~,,,,JlIfr. ,,'-' n ''''_ ~~ '1 :--.. C; \) C; ~ !'~ ~,~ J '- " ~P' 1,_ D c.v . ~ '1 --, "'h",,"^ J'., ',' '^' ^'~" "'J]'m rCr.tl( r '~""'m' '; )1W::'1/;\e::<:!ti.::'?f/i~~"~'~'''e~r1'~~'.t1*jr~i~~.,Y-i~'\'~~'~~:G;;J5~ " ~:<>~~~ ~g&~() I ~\Y - _: ~~ ~ :~.~ c) f: ~t1~ (/) )'" fJC::' f~ ~~!' :::; , __ ~ " ,_, ", ,~~",~.~!1!W~~l'q:"'''8,!<t'''~~~-''''&'1fl?f.w.mf!~t'1'''"''''~ c' !,.; (~I -'1 ~~J " -'",I ", (-~ __ ..c' :"~:; IS ',;}J fiFri '...--: ,:5.J -< ::",) (J1 k'C' IBJ; .. ,:r""~N"""",,,~~__~ ,~~,.""!",,,~'!\l~X ~.o:'=',. '~', ~r~'~, ,_.',' ~,"'^ '" "'~'~ "' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION No. 01-6117 CIVIL TERM Plaintiff, AFFIDAVIT OF SERVICE vs. Code MORTGAGE FORECLOSURE SCOTT W, SHEARER, Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA!.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 e'] ,,,,.~,,",~;;t,,,,,,'V,,,1~"",~,,,>,,,,,.,-,.,:,',,,,'-7' ,'~fv ,'"I~,~'" -v"". ,''', , 'U"" ".__~"~_. , ",'< rn"-' . ,.-,., '<'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendants. AFFIDAVIT OF SERVICE I, Audra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon all lien holders by Certificate of Mailing for service in the above-captioned case on February 12, 2002, advising them of the Sheriffs sale ofthe property at 126 Liberty Avenue, Carlisle, PA 17013, on June 5, 2002, LOUIS P. VITTI & ASSOCIATES, P.C. Byq~~1,1{1M~ SWORN to and subscribed before me this 7th day of May, 2002. ~ NOTARIAL SEAL LOIS A. EVANGELISTA, NOTARY PUBLIC BURGH, 1.LLEGHENY COUNTY N EXPIRES OCTOBER 17,200.5 ":'-';!/_~:P'~'~"":' '^ . .o{'_~<...",,"!,-,.',r,'^'''''';-," "''',0., ".'1 ,',,".' ,/ ""~" ,c.' , ' " '.- Received From: LOUIS p. VITTI Affix fee here in stamps or meter postage and fark. Inquire of ter for current !Ill: fee. : ~0.75::: ... ... ... U.S. POS ~GE : '" U.S. POSTAL SERVIC MAY BE USED FOR DOMESTIC A PROVIDE FOR lNSU'RANCE-PQST Tenant/Occupant 126 Liberlv Avenue Carlisle, -i'A uHB13 ,\so One piece of ordinary mail addressed to: PS Form 3817, Mar, 1989 A.J./Shearer/06-05-02 PITTSBURG, 15~1;~f (412) 281-1725 Affix fee here in stamps r meter postage and rk. Inquire of lister for current fee. :: 5_... :::: ... ... ... ... ... U.S. POSTAL SERVIC C ' MAYBE USED FOR DOMESTIC ANJiil PROVIDE FOR INSURANCE-POSTM One piece of ordinary mail addressed to: ,\sn , Bureau of Compliance Attn: ::iusan !:Slough Clearance Support Section Dent. #281230 Harrisburg, PA PS Form 3817, Mar. 1989 ',;,:,'f}1: 17128-1230 A.J./Shearer/06-05-02 Received From: One piece of ordinary mail addressed to: Court of Common Pleas Cumberland Cty Domestic Relations Division P.O. Box 320 Carlisle PA 17013 PS Form 3817, Mar, 1989 A.J/Shearer/06-05-02 ''P''''''W~i''~', ,,,",.,., ~='1. O~~",....,... "',"~,~ "'1 ~~ Ii" "'." c""-'-'- - ..~ 10-> , f"~~',,, .~ U.S. POSTAL SERVICE MAYBE USED FOR DOMESTIC A PROVIDE FOR INSURANCE_POS Affix fee here in stamps r meter postage and tnk. Inquire of ter for current fe'e. :- 5 - Or -* -* * * :4GE :: '" o~~ /' \~'" \(1' ~ I "\~\ n,\1. ',' 'Xii 1!J'" };,,)} ~. .,~t>/ ~7.g\,/" R.C'rniJ,s P. VITTI One piece of ordinary mail addressed to: Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, Mar, 1989 A.J./Carlisle/06-05-02 (412) 281-1725 Affix fee here in stamps or meter postage and rk. Inquire of .tar for current fee. : 5_* ==: * * u.s. PO TAGE :- '" <Asn-~ /~ ~i(."l""'i,..,', Q, .:t'/ '" ~,?>i , ";,""'~;~.-\., ;/' , 0,2,,/ One piece of ordinary mail addressed to: Commonweal th of Pi\: - DPW P.O. Box 8016 Harrisburg, PA 17105 PS Form 3817, Mar. 1989 A.J./Shearer/06-05-02 . .~ ~'"""",....""," i:"~~1 ~ , Affix fe 'lJlStamps tIe and '~"Of Postmaster m ~. rrent ,file. 1 S -:.:. !\ . >> ,. It ~~-:.~ .s. .'OSTtl .. .' One piece of ordinary mail addressed to: Tax Collector of Carlisle Borough c/o Darlene Mover P;O. -Box~-:t8 Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J ./Shearer/06-05-02 "J U.S. POSTAL SERVICE C MAYBE USED FOR DOMESTIC A PROVIDE FOR INSURANCE POS Affix fee here in stamps or meter postage and IJark. Inquire of ster for current fee. :: 5 - .. -.. -.. ... " .. " " (412) 281-1725 /':~, t~t. \ \\1~ .. ~1> {3:';.'("'\: One piece of ordinary mail addressed to: Borough of Carlisle Water & Sewage Dept. 53 West South Street Carlisle, PA 17013 PS Form 3817. Mar, 1989 A.J/Shearer/06-05-02 ~-, "'~~l"" ~~ l!I!!tmf.:I!'f!~~_!lIJI1~~~".".~, ,'.. (") C"'J C.:: f"~ s: ='t ""Cr, ~:: ':" ~~'rD --~ L::r~ ::-Z)- (t}...::: c,: -:::...-: k:C -'-j ~c:' ~C~ C) -C ...'-' ;-n Z ..,.) ---l -< ( ,- ~~ !",,~l,~~r~I:'l!',r,~~~~ffli!fl!~qj:~I,.,~};~i~}'i"""*I-'1.~' 'I',' i'+lf~~'(~'ii~~~~lol~~.l~~~'!l$.~~";" / STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and Slate do'hereby certify that the Sheriffs Deed in which ________________ National City Mtg Co ---------------------------.--------------------____________________________________ u thegranke 5th the same having been sold to said grantee on the _______________________________________________ day of . ____________l.!!.'l~__..____________________ A. D.,; 02_____, under and by virtue of a wriL_____________ Execution . 8th -------------------------------------- --- -- _____lSSUed on the _ _______ _____ _____ __________ n_______ Feb 02 day of __________________________ A. D., Civil --------------------,----------,------------- ----- ---- --- -- ------- --____ ______ _____ T enn, : . 6117 National City Mtg Co Number ______________, at tbe suit of -----________________n________________________________________ Scott W Shearer --------------------_______________against____________________________________________________ ~ -----, out of the Court of Comman Pleas of said County'as of 01 duly recorded in Sheriffs Deed Book No. _____:~:____, Page ____________. 1626 > of Deeds - "" ~, ,.., ~ " _,"f '~,!,m_^.~",~,~ National City Mortgage Company VS Scott W. Shearer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6117 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 27,2002 at 3:22 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Scott W. Shearer, by making known unto Doris Glunt, mother of defendant, at 1894 Esther Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 2:44 o'clock P.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 Scott W. Shearer located at 126 Liberty Ave., 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: Scott W. Shearer, by regular mail to his last known address of 1894 Esther Drive, Carlisle, P A 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriffs 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 June 5, 2002 at 10:00 o'clock AM.. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgaeg Co. It being the highest bid and best price received for the same, National City Mortgage Co. of 3232 Newmark Drive, Miamisburg, OH 45342, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of$673.04, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy T ~'~~I $30.00 13.20 15.00 15.00 30.00 10.00 .50 1.00 6.90 .84 15.00 ~~.~ ., = ~ ,~~" L: Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20.00 242.15 193.75 25.20 25.00 29.50 $673.04 paid by attorney 06/19/2002 Sworn and subscribed to before me ~ ~ This ;/L - day of 2002, AD. Sk~ Q. ~.,9'1 r thonotary -''W~~=:<s',", ~ ~ . ~ So Answers: r~e.<<: ~ R. Thomas Kline, Sheriff ~~ ~eal Esta eputy ~~ -30' oV pi) .. ~--,~ tJ&. 310// t2u-. /~ 7 ;;2./1 _I ,O~~ /0. I. .. i '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. 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 126 Liberty Avenue, Carlisle, P A 17013. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Scott W. Shearer 1894 Esther Drive Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None "~~"""",~,,. ,''-'''-- ,~~'" ,,? , "Il ~ , J; J 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this carmot 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 carmot 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 carmot 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 carmot be reasonably ascertained) Tax Collector of Carlisle Borough c/o Darlene Moyer P.O. Box 128 Carlisle, PA 17013 Borough of Carlisle Water & Sewage Dept. 53 West South Street Carlisle, P A 17013 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, P A 17013 k<',~,kl;JliII.,,,,,~, ","~,"', I; -I'''' ".. ,1 - ,~~ ,~ , , J Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 126 Liberty Avenue 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. February 5. 2002 Date ~~I ~Squire Attorney for Plaintiff SWORN TO and subscribed before me this 5th day Notarial Seal Cheryl B. Edler.Notary Public Piltsburah, ~eny County of February, 2002. My CommissIon ExPires June 10.2002 ~d.tL-_.- Notary Pu c ~~T'."."" ~ _'"".,''''~, N,'~ ,,' ,__ , ~ , l' , , NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Scott W. Shearer 1894 Esther Drive 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 June 5, 2002 at 10:00 A.M., the following described real estate, of which Scott W. Shearer are owners or reputed owners: Carlisle Boro, Cumberland Cty & Cmwlth ofPA HET a dwg k/a 126 Liberty Avenue, Carlisle, PA 17013. Parcel No. 03-21-0320-040. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Scott W. Shearer at No. 01-6117 Civil Term in the amount of $58,892.60. 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 ofthe 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. ,,,,~~'!!i ~ 0 ~ ," ~., ,1 -' ~'''' I', " " __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 Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the 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 if no petition to set aside the sale is filed within ten (lO)days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. ~#, Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, P A 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** , ~~~ilf{If,-~l$!.r"'Bl _ 7"~-'_~~ ~1ll!IIlI!iI. .~, ~. ~" ""-,...~,~~~~'"~ ~. "' - -< .... - ',~.,. " '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs. SCOTT W. SHEARER, Defendant. LEGAL DESCRIPTION ALL THAT CERTAIN part of lot of ground situate on Liberty Alley in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, adjoining a lot of ground on the West now or late of the heirs of Mary Johnston, on the South by a lot of ground now the Bethel AM.E. Church; on the East by property now or of the late John Tyre; on the North by Liberty Alley; containing 15 feet in breadth, more or less, and 120 feet in depth, more or less; with the liberty of the right of way to get water from a well or pump of water on the property now or late of Henry Zeitz, and the liberty of an alley adjoining the same, Being improved with a small brick dwelling house, being No. 126 Liberty Alley. PARCEL NO. 03-21-0320-040. HAVING erected thereon a dwelling known as 126 Liberty Avenue, Carlisle, PA 17013. BEING the same premises which Brinjin Raymond Bowermaster llk/a Brijin 1. Raymond, married person, and Gary E. Raymond and Patricia M. Raymond, husband and wife, by deed dated 09/30/1998 and recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed Book Volume 186, page 585, granted and conveyed unto Scott W. Shearer, single. , ,~ ~ 1 "" Oi . -.- -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6117 CIVIL TERM Plaintiff, vs, SCOTT W. SHEARER, Defendant. LEGAL DESCRIPTION ALL THAT CERTAIN part of lot of ground situate on Liberty Alley in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, adjoining a lot of ground on the West now or late of the heirs of Mary Johnston, on the South by a lot of ground now the Bethel AM.E. Church; on the East by property now or of the late John Tyre; on the North by Liberty Alley; containing 15 feet in breadth, more or less, and 120 feet in depth, more or less; with the liberty of the right of way to get water from a well or pump of water on the property now or late of Henry Zeitz, and the liberty of an alley adjoining the same, Being improved with a small brick dwelling house, being No. 126 Liberty Alley. PARCEL NO. 03..21-0320-040. HAVING erected thereon a dwelling known as 126 Liberty Avenue, Carlisle, PA 17013. BEING the same premises which Brinjin Raymond Bowermaster llk/a Brijin J. Raymond, married person, and Gary E. Raymond and Patricia M. Raymond, husband and wife, by deed dated 09/30/1998 and recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed Book Volume 186, page 585, granted and conveyed unto Scott W. Shearer, single, '~,1IIf,l'!H" t", ''''''1 ~ '. WRIT OF EXECUTION a'nd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6117 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY, PLANTIFF(S) From SCOTT W. SHEARER, 1894 ESTHER DRIVE, CARLISLE, P A 17013 (I) You are directed to levy upon the property of the defendant( s) and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and 10 notify the garnishee( s) that: ( a) an attachment has been issued; (b) the garnishee( s) is enj oined from paying any debt 10 or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $58,892.60 Interest $1,211.75 Atty's Comm % L.L. $.50 Atty Paid $103.25 Plaintiff Paid Date: FEBRUARY 8, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name I,OUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court lD No, 3810 '"' ~P~R. P. '7fR~ , j'1.., \.; ,.,. ;f.'l~",~L ,,!-o ""',,"""", J I, .~ " . ~; '.,. ~. ,~ , ~';..":: . ,.,._,,,.,11 .~. 0_" "' "-"'~"'<c!F'''--''-'''''>',", "~'-"'< '<',,",-""'"' .',,_. , . 'Q1111f' n1'lit"I','1 'it. HE1n\L ESTATE SALE No 12 On February 15,2002, the sherifflevied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, P A, known and numbered as 126 Liberty Avenue, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15,2002 By: ,J, oG..( ,<SVvu:th. Real Estate Deputy ~~ c::;~ c:iii1 c:::::::2 (cfE) IJr;:;;l ,,'~6 ""'\ \\ , '" ,,\\," "",!". vi ,', ~\\\' "" '\\ ~1\ '\ o,\. t"I'J \1 v. fI' () --'10 1,\(. ,(..:....\~~ (J"' ". --),1 " ""1..':;', \l-'j,\,J ,~\\ ,"' ,')\, \o.~",,,\\v. ' ~~\,,;> 'ili'.Q _.~ ,~.1!!1m%'~~'-$~ffi'~\O-i~\j1~~t~~~~J'W"RfI""-''''''lW''''''''I'Q!><:",,'~iljW1'-''f.~j;~~~,!!,!'b-"-"'!"\1';':;'W'-"-' - "v'-'-' !fft'..,,"' ","'il'>-\~"" ,,::'~ii'~'''':ci~~1: ""i~V"','~!!' ,~"i~~~'i'",!'il:'i';+"';P'",'-''''" '0 ... THE_PATRIOT NEWS SUNDA Y PATRIOT NEWS THE Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according 10 law, deposes and says: That he is the Controller of The Palriot News Co., a corporation organized and exlsting under the laws of the Commonwealth of Pennsylvania, with ifs principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, Counlyof Dauphin,-Stale of Pennsylvania, owner and publisher of The _ Patriot-News and..IIJg Sundav Patriot-News newspapers of general circuiation, prinled and published ,,1 812 to 8:t8 Market Street, in the City, County and Slate aforesaid; that The Patriot-News and ihe Sunday Patriol-News were estabiished March 4th, 1854;-and September 18lh, 1949, respectively, and all have been conllnuously pubiished ever since; That the printed notice or pubiication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Melro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7lh day(s) of May 2002. That neither he nor said Company Is interested in the subject matter of said printed notice or advI'rtising, and that all of the allegations of this statement as to the lime, 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 lhe said Company and subs"quently duly recorded in lhe oWce for lhe Recording of Deeds in and for said County of Dauphin in Misceilaneous Book "M", Voiume 14, Page 317.' -.' Nolarial Seal Terry L AUSStlll, Notary Publlc Harrisburg, Dauphin county MyCommlssionExpfresJune6,2002 NOT RY PUBLIC Member, Pennsylvania Assooiallon 01 Nota~es My commission expires June 8, 2Q02 PUBLICATION COpy SALE #22 ~ .c;tREAL ESTATE SALE No, 22 :--:- .- __uWrJ1N.. 2001-6117 ~- --- -. ~Clvll Term - ---~ ~ National City Mortgagee.. -- VB' ~:,,';;;"'" __~~~Shearer . ,. '--",.Alty:Lour.p.Vlttl ~Q.WrJON .,,~-TIlA'T"~TA1N part of lot of ground s:-J,iitu.~~.jtLL!~J~ Allen" in \he, Borough of Carlisle, County of Cumocrland and State of ~~ia, adjoining a Jot of ground, on the -Westo.ovi-or late-Q-rn"l1eifs'of.Mary Johnston, :-QIl the..South by !l tot of ground now the Bethel ~^~LlrCh;'on the,East by, property now or -1hoL~te...Jo6r(1'yfe:'-:Oil the North by Liberty ---Alki. ContainIng__ IS feet in breadth, more?t less" -=ann-TIt! feel in depth, more or less; W1th the liooty of., the right-of-way to get water from a . wtlfo{pump of water on the property now or late ""Of ffen,ry Zeitz, and the liberty of an alley .~ltdjO@iig the same, Being improved, wiih a small bricldweUing liouse, bein! No, 126 Liberty Publisher's Receipt for Advertising Cost ,;,wem:~O.~3.~I.~20-040. -" publisher of The Patriot-News and The Sundav Patriot-News. newspapers of general ~.~te,d_!l]ereon a dwelling knovm as,e receipt of the aforesaid notice and publication costs and certifies that the same have ;:',126Lib~_rt:t.Avenue, \iirlis1e;FA 1701~. BE;N:G-' the -- same ~ premises which. Btinj~ll. ~'Ond Bowermaster flk!31 Brijin 1. Raymond, l'ffil'ffled person, and Gary E, Raymond and Palri:cia.M. Raymond, hu-,;band and wife, by deed "'te<!J!l13011998 and recor<Ied on 101.0211998 in the...Cumberland Coopty, Pennsylvania, Recorder ofTh;ed:LQffice, in Deed Book Volume 186, page ~ledandconveyeduntoScottW.Shearer, single. CUMBERlAND COUNlY SHERIFFS OFFICE _ .. CUMBERlAND COUNlY 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 Probating same Notary Fee(s) Total $ $ $ 192.00 1,75 193.75 By..,....................,_,........................................._ 'Ii PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATE OFPENNSYLVANlA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: APRIL 26, MAY 3, 10,2002 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 N LOIS E. SNYDER, Nofaly PublIc Carlisle Boro, CumIIerIand County My Com."lIisslon ExpiM Marth 5. 2005 i1~l/f'jJ1!Il1 I',' " -I , , "",~~~~ ,",-,~ , I ,~ I ;~ ',)1 ,,' "~' r < "--'" i' 'l__~'q" __ _ S>\LIIl ~,JII Writ No. 2001-6117 Civil National City Mortgage Company vs. Scott W. Shearer Atty,: Loills p, Vitti ALL THAT CERTAIN part of iot of gronnd situate on Liberty Alley in the Borough of Carlisle. County of Cwnberland and State of Pennsyl- vania, adjoining a lot of ground on the West now or late of the heirs of Mary Johnston. on the South by a lot of ground now the Bethel AM.E. Church: on the East by property now or of the late John Tyre; on the North by Liberty Alley; contalning 15 feet in breadth. more or less. and 120 feet in depth. more or less; with the liberty of the right of way to get water fmID a well or pump of water on the property now or late of Henry Zeitz, and the liberty of an alley adjoining the same, Being im- proved with a small brick dwelling house. being No, 126 Liberty Alley. PARCEL NO. 03-21-0320-040. HAVING erected thereon a dwell- ing known as 126 Liberty Avenue, Carlisle. PA 17013. BEING the same premises which Brinjin Raymond Bowermaster II k/a BrljlnJ. Raymond, married per- son. and Gary E. Raymond and Patricia M. Raymond, husband and wife. by deed dated 09/30/1998 and recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed Book Volume 186. page 585, grant- ed and conveyed unto Scott W. Shearer, single. o. I"~ " " ,