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HomeMy WebLinkAbout01-06244 ~!i4"~': r:" 'j"'-"'1 .-" _~"H' < 'Tf '1" -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 0 I - b2-.1'f c.u~l~~ Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. TARA L. SIX and RYAN A. TROXLER, Code - MORTGAGE FORECLOSURE Defendants. 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 "'~-., , ~"~"'~" ,-" ..~~, ,~- '..~="" -_.~- ~ ._,TP"", T'n,_ " ,~,,' " ~I:' ~" ,_-1 .,~ i\Y 1!111", ~~ ,-,,,_"1_" = - "~ .", >'''" '<J,'" ;'- ,'~' '<~r ~''cY' - ," ;';:~~>F:'i\\:C~3k':'~]'ciii5e-ii)i","~~iL{,~ ;~[;'/2;~i;,~f,Q ,",_..r~<lfff~,!rl ",," )1!"'7,'_' -"-~ _"~<e J~~~"'~JI~~"~~~_~!1l.,,,,,, " - Jijt",_~",_Tmf M~ _~:ilP~' 1;-":'~'- '~r ~_ - TT - ' COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 "-'-f~"~,,:_ Jr,~ " ^ ~ --, ~ , ""'"__ ,,-,Lc,;J1!_ -J ,;,.mlll__ J_ ,C!5<J, " "-'j''-'" ~'"." ,,i.",,',,, ';'y'>' ~'C'!i.ihY'~ ~~i'i}J-';fii"'~"Y'~ "cd,:";"'ti:t'l':+''':'' --::;'_~""?i--;:~ '." ., _'.'-"" ~''F'''''1'''_'P''"".JJ~I~llO!pw'~-:r''Y'~,!\I'!~,~~~,~~.IM.!~~~! ""~<t~!~'.~""jnlr ' ", -' 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 104 Easterly Drive, Mechanicsburg P A 17050. The property address is 104 Easterly Drive, Mechanicsburg P A 17050 and is the subject of this action. 3, On the 30th day of June, 2000, in consideration ofa loan of Eighty Two Thousand Five Hundred Ninety Eight ($82,598.00) Dollars made by National City Mortgage Company d/b/a Accubanc Mortgage, 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 5th day of July, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1623, page 740, The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: ~~,n'l1lf:,"_~"" '",,~', <"~'~ "",,_,~ ,__~ ",..,,1" "",> ~,_, _,"" - , "'_' ,,~, " ,.. I, o,-.~,_ ,y, ,,~"'''> ' -^, 0" " "~ ," -~ "'. '~',' Yn",' .');.'-,;,' '~"":L;'if "nilr''-:)I\'{,::,~:;.'j~~'~?:{'':rl;' ':'~"'t)r~i-\~~ ',;^J' ~'r; 'f'~~~6.;~W") " IJf!I ~.,"' ~~~'~-'i)'I;WW'~~r1'~~~~--/!~~Wl~~,~IJlfJlJ!!I,,~, ",,,,~T: ,;:::~-";)ji{Jf,ijlji~C ^ . ~ .~>~. '."- ~~ ... ....... 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 March 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 114 7( 6), Plaintiff demands judgment for the amount due of Ninety Seven Thousand Two Hundred Ninety Four and 63/100 Dollars ($97,294,63) with interest and costs. Respectfully submitted, LOUIS P. VITTI ASSOC., P.c. Louis p, Vitti, Esquire Attorney for Plaintiff B n'''''',,'''~ .,," ~,~ , ..--, Jfl, ~ ~... ~<._. L Ut;: ,~, [,1"""-,--",,," il!l~Il'N.~ ~:iW ',~ 'n ,,_" ,,01. ,lXU,,'-' ,-- ifilr-Y'{ '--, 1J,;'j"t~~(,\;>, ;~,,"'" -':'['t.V~'i'~1itilt;:" )#*::",::;:,;"j1:<;;;~~S;:'~,~~;tl~ "- :tZ,.J!,]tl[~~I'Jl:I'.',~_c_,"" Jil;~,?:W~,.g'~~'mm"If.1!l'~!J$II~~~W~"lT~!\lI~J~~~W!:: "i.'''~-'.r' . ~" - SIX, TARA L. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 81,860.50 Interest 9.2500% from (Plus $20.7455 per day after 02/01/01 through 10/31/01 ) 10/31/01 5,642.77 Late charges through 10/26/01 o months @ 27.45 Accumulated beforehand (plus $27.45 on the 17th day of each month after 70.86 10/26/01 ) Attorney's fee 4,093.03 Escrow deficit 5.627.47 (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 97,294.63 ",""~ -~ ,,~.~~~,_,____"" ._',~__',__ "A~ -~I~,' 1--' ~,'I'''_ ~ , __ I~c'- ~, ,,-'. " ,.. ---> ,--, "-,,,--,~ K_,W ", ,'""""," , ~"'~~- ""~""', ~, h 'j-, _:'b~, """;'<:'1 'i!"':~ I;',' :,{'i'" ~;, ?t"::i--""'~f~~-~if:%;\~'#'~'~:;~~i~t';{~1~&~!,:'." ,~ _,~ '" _,,,.,.,,,,,,...,"'~__~,,",,,~",,,,n'\ij~&.ffi'\W'~!<~";1L'Wi-'fmi~~~.fWi!~~~!__~tt: ,:,t"'-".&-"",,, J"' ~"i- "!lr'~ ALL that certain property situate in Silver Springs Township, in the County of Cumberland and the Commonwealth of Pennsylvania, being described as follows: Parcel 38-23- 0571-190-U55 and being more fully described in a deed dated June 3, 2000 and recorded on July 5,2000 among the land records of the County and State set forth above in Deed Book Volume 224, Page 883, Having erected thereon a dwelling known as 104 Easterly Drive, Mechanicsburg, PA 17055. EXHIBIT "A" ',-",-"",,"*:~ ,] ^ ~,,'" ~ ,."", <'" ~'- h' ,- ,^ "~'" '" ~ " .,0, , '-'''"< . -,-" ""~ q -~-,- ^-,,~,~ ~^ " ~" ",',,"'- ,~_ ".!fflL ,~- ~'" ,aj"'", -'. ,,- "' "",-.,; ,,'i,~',-, ,..' ,- ~' "'-" ""'< ^''';''''T^:~ri-'; ill' c- }iflt-Iii(~~~Y"(~J~:':;l' ,~~~~~~t;~;~t;J;;W;;;;:~~ rn,:x)Niffll,~~~m;''8f,~wJ':~~IIjjI~~~~,*-l~ :;;'", ,x"',~'1:t~:<'T "1'1'- [''Iff' r""''=->-r- -~' " ,', - "<. .~,. 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: October 26, 2001 ",,,-~"" __-'__,'__e ~_, ,~,~ ,,=_~,"'" .,~" ,"_",,_ ,0 ',_ - "H' -'"~ ',- ,,- ",:;- ',r', ''',' "!-' 0" . ,~,"'" -, " . '" ,. ,~~'_,C"," " ,-,,,,',--,,;-r "lfj1J--';'f'~ l''''j''FY "'r:"'f1" r'(-':"~t~;'~~"r"n~hi~~$!: ;r:~!:~:~::~::~t'J:.i; ~ ~ ~ 1,q. !0 .~ ~ 0 c::; C) c: ~ ~ ;;:.... -n .:::::- \:J ~<:: '0 () ~ rn"," ("~, 8 () Zl~, ,-~~ -- ~ ~ t G ~l~ ~.) I ~ t? ~I..~:! ~ ?~~~; t ,,;,-'"c.--=- [..) i:j :.:~, ---1 ~ -I 1'".,' :;.-, ::D -, (7' -< L. , " ~ '- - ~,>_~,~ - ,0' ..< -' '_'~'::'_,:r'":""'0~,,"i~ , ',' '<, ''''-' , " ",?~1-'~\"WiJ<jn-~~r~~ """"~~'~!1;"~ ""'l",~m'!Iij;i!J~ ._~)- '-," ~- , " , SHERIFF'S RETURN - REGULAR ~ASE NO: 2001-06244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS SIX TARA L ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland Caunty, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIX TARA L the DEFENDANT , at 1545:00 HOURS, on the 5th day of November, 2001 at 104 EASTERLY DRIVE MECHANICSBURG, PA 17050 by handing to TARA L SIX a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.85 .00 10.00 .00 33.85 r~~"<~ R. Thomas Kline Sworn and Subscribed to before 11/06/2001 LOUIS VITTI Q By: uOqw- Deputy Sheriff me this /3~___ day of ~ clttvl A.D. (hu ~ n.jtt~ ~~ Prot onotary '''-'''':''''1i!:m!l~l'W>~-=__, ~ > ~ ~ '" ~ 'I . "',, -~ ~""''"''''"'''', ~ "*,, SHERIFF'S RETURN - REGULAR ~ASE NO: 2001-06244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS SIX TARA L ET AL DOUGLAS DONS EN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TROXLER RYAN A the DEFENDANT , at 1545:00 HOURS, on the 5th day of November, 2001 at 104 EASTERLY DRIVE MECHANICSBURG, PA 17050 by handing to RYAN A TROXLER 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: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~~~ R. Thomas Klin 11/06/2001 LOUIS VITTI Sworn and Subscribed to before By: QD- Deputy Sherlff me thi s /3 tb' day of 71~ .;2.ko( A.D. ~ 0 ~ $- Prothonotary , -><"",~l,o'''''~''O)~ . If ,J .~. ~7' >, ,=,' r ~~ , . , ..IIl'! - - ~~ ~" ,., c"'("" ,. ~'!"'" r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 2001-06244 Plaintiff, PRAECIPE FOR DEF AUL T JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vs. TARA 1. SIX and RYAN A. TROXLER, 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 >.,_~,f'1, '"~""''''C'!''O'' -- -' ."<'.' .~..'>.' ___Pc'" ~'~.'1'"I,'i,' '." 1:~'''' -r "-, "" -~ ." ~,~ '" - - -d"."i "C'; ';.., , ,; '~'.i~ _'i"'" 'w."rrc';;/;"~'~'~jo:__b:riii'jtt' ')jt't~"%)f'~ ~, -"-' . --"~ ,.~ ,,~"'~",'-""- .' ,,< ,,' " '"":: - "'j,'_ '--'~'T,Q,~n, ':'":'~,'-- JI __."~,~'f!1-~:W!?J,-~~"}3m;t~,l'ilt*,~~@~~!~~~,~~,,a~~!l.~y ,", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARAL. SIX and RYAN A. TROXLER, Defendants. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $98,165.94, in favor of the National City Mortgage Compnay, Plaintiff in the above-captioned action, against the Defendants, Tara L. Six and Ryan A. Troxler and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 02/01/01-12/12/01 (Plus $20.7455 per day after 12/12/01) $81,860.50 6,514.08 Late charges (Plus $27.45 per month from 10/26/01-06/05/02 $192.15) 70.86 Attorney's fee 4,093.03 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) 5.627.47 Total Amount Due $98,165.94 The real estate, which is the subject matter of the Complaint, is situate in Westfields Condominium, Silver Spring Twp, Cumberland Twp & Cmwlth ofP A. HET a dwg k/a 104 Easterly Drive, Mechanicsburg, PA 17055. Parcel No. 38-23-0571-190-U55. ~~. Attorney for the Plaintiff "'~"~:' . '. - """"':"_''''~,f'-''~':,,, ,,""',"'~ '--,"".:' ",r,'"" - _I' --- ":"_'__;'_c" ~'<"'~'-"V"'_ q 0 ,^,"'" . . - , --,~, ~ -'" '-,,,< -___'>C''''' .". ~. ,,,~~~?~~,- -, ""~""< "~~"",, ~"r. , JU . _~~. c.", ,. """""""'''':-, ',~~~~~i'tw-~ " "T"m~WF!! J{n.l1i[~,)f~~[!J f ~~~1!;-",,-~ _ L~~ )iiP~Ht~~ - , - "". ~'~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARA 1. SIX and RYAN A. TROXLER, Defendants. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice ofIntention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on November 27, 2001, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: ~~;;;, Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 12th day Notarial Seal Cheryl B. Edler, Notary Public Pltt~r(lh, AUe(lheny County My CommIssIon Exp"es June 10, 2002 Member, Pennsylvania Association of Notaries of December, 2001. ,-W.,:,#t' lfl! '" "!',',,<, ,', ""r",,",....O',' "_. ',,'"~ ;","- ,I ~", ,,- '-,- ~_ _,"l~,"-' _ _, ,_ __ ." "r..,_ -^."'" "",,,,,,--', OJ ~~_'~~_',.- "~'.'~""'" - , '''-'''''''\Mfjf''''r 1iJ-"; ;.,c":'''l'Li''';:-''ffo,N-' --':If"( ," _ ~ !",",,' '""r,W'N''''~', "'~"', """"~"~,,,, -..'A".""~..",,-,,,,,""" ,,__,,-'~ '~'~", ~ ~ ,~,~~~Jll'Jf, "~-z-<_ _ -.0')"" "'fc "Jllflij1:w",--- ,~'~1-,~~~~'Wm~';;~4":f~'Jt;~H~~~~'1i!~,-:rL~~~~~J1::ln~:, ''',C' ~-" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, ) ) Plaintiff, ) ) vs. ) ) TARA L. SIX AND RYAN A. TROXLER, ) ) Defendants. ) NO. 2001-06244 IMPORTANT NOTICE TO: Tara L. Six 104 Easterly Drive Mechanicsburg, PA 17050 Ryan A. Troxler 104 Easterly Drive Mechanicsburg, PA 17050 Date of Notice: November 27,2001 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 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: BY: Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** ""'-'-,~-'H;t";""'~,J,kl. ~" , . - - ~-,~~- '" - ~-~ ;.it~ >~h{ ~ ---"~ '. :~: ~ . 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 Anny 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. ;:;;Y~Pit Louis P. Vitti, Esquire SWORN to and subscribed before me this 12th day [d Notarial Seal Cheryl B. Edler, Notary Public Pittsburgh, A119Qheny County My Commission ~s June 10, 2002 Member, Pennsylvania Association Of Notaries of December, 200!. ~ -,.,,~ . "W1"'<< "'~^ ._~,=_ .~V^ .~,'",~,I ~, -~ ~", " ,'. .'>,-", "" . , "' '-._'_P "": r~ ~ ,-~',;,_~,_'-"h~~,~Z_,,"" ~~, "','<',,",,0-, ,"!" <'~ ,--. "."~ .> ~1lI~ r:f ...... v- 8 r' ...... 0 ~ ~ (;) ~ - (,) i- ff'" ,..... ~J,fL -""^' '-.,F, ~, "'" .'.., '~<~jc~~[J~"" "':~'iik[.1i1t~~'''; ,,~:.i' ;~";',l'irtnj~'~'l[:~:" {'~'t ,:,:"" .'c. -,-,,-,- '-'\."- ;~;~. (n' -----:::'.- ~t" '- ~ - '-," , ~~~~ (''' ~ ~~. c,; -'~) r'~) ::':"1 , -<. =) t},", ,__,,,),,,,,_,,,,,,,,,,t,,,,,,"1~J,Rr'k~~~~~~',"':,~i<fillflH~;t$'~~~~$?~W>'l~,:; . "':'--'~:':-";"~'fl''([i'',--'<- .c"',"_,. "> ,,~, ~,' " -'.~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 2001-06244 Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. Code MORTGAGE FORECLOSURE TARA L. SIX and RYAN A. TROXLER, Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PALD.#381O Supreme Court #0 1072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 i~"~ ,d_ c_"" "';,,<~_" _" S'_"" _..",",;,' "'I"'~ "", . _, ~' ~ ,_, 'C ,,[" , . ,_ '.." _, --1 ',' - j,', ~ "c. ,. , .. :<:< k,',';" i' n i~;"""'~~rf('t' 0: ~~l~j'YTt' t::"~',i~'~tr-'ii~i:~;\:-~ ':~;;:;W;;;;;~~~~:~(:];~' '/:5';.-;;;' .... . ."""., . ",t ., ,.., ",'''.' "'., j' ' ~__~ "_'">'~,"",'_ "",~, __ ,,"'__ ^"1.<:~Tl!@~~~n'ttmw~~i'H--~~~i?, ,~_:"~~,,r ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARA L. SIX and RYAN A. TROXLER, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $98,165.94 Interest 12/13/01-06/05/02 3.630.46 Total $101.796.40 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate m: Westfields Condominiwn, Silver Spring Twp, Cwnberland Twp & Cmwlth ofPA. HET a dwg k/a 104 Easterly Drive, Mechanicsburg, PA 17055. Parcel No. 38-23-057l-l90-U55. ~~. o s P. Vitti, Esquire Attorney for Plaintiff ','l:"l~!1.liIl,_, , _'< y~"""'d-;-,""<'i';aCf-;'t>~~.M.'"~=""'"~,~,,,,, "~,~~,,,~,~,. ^' __,'O_'~. ~ Of' " ~ ~!l .~, ,,,,",,'" ,,~ " .,', ",,"<,"<V ,. ",.I, ,-~ _."",,~ ~,"-,~ ,.-~.__" .V' ." "."'~ .~~ ~ =. _'" ,C, l!;l!'!li~f~lltm.J~~,_ ,,__C ;-S.';l;,",,"""'<.'--'_" --""JJ:~i').-4~>arljJ'fifT~">"~~ 1. ',1!l!'!!!i', ,,'~rlfi,SJ~ t~.}_, "j"~i;", ..",.~' <~ ~'", - IN THE COURT OF COMMJN PLEAS OF CUMBERLAND COUNI'Y, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Confessed Judgment other National City Mortgage Company, vs. File No. 2001-06244 Arroun t Due $98.165.94 Interest 3.630.46 Atty's Comn Costs Tara L. Six & Ryan A. Troxler, ro THE pRO'I}lOrmARY OF THE SAID COURT: The undersigneQ hereby certifies t);lat the. be~ow does no~ arise'out'9f a retail instailIrent sale, contract, or accountlpasedon a> cqnfes,sion.:of judgll'lelit; but if it OOes, it is based on the appropriate odginal 'proceeding filed, p~uant to Act 7 of 1966 as arrended; and for real property pursuant to Act 6 .of 1974 as arrended. . , Issue writ of execution in the above natter to the SheP.ff of Gum berland County, for debt, interest and costs ui:Qn the folJ.o~gC: described property of the defendant ( s) See attahhed legal descript:i.pn. ' PRAECIPE FOR ATl'.AC!:MENl' EXB:lJTION Issue writ of attachrrent to the Sheriff of Sumberland County, for debt, interest and costs, as above, directing attachrrent against the above-narred garnishee( s) for the following property (if real estate, supply six copies of the description; supply fow:' copies of lengthy personalty list) and all other property of the defendant ( s I in the possession, custody or control of the said garnishee( s J . ( 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~ . .~ . DATE: December 12, 2001 Signature: d~~ P~int Name: Louis P. Vitti .~dress : 916 Fifth Avenue Pittshllrgh, PA 11219 A:to~ey for:Plaintiff :elet:!"'.or:e: (412) 281-1725 """'''>'''~'"''''''''i-'''1>1<''~ ~,I ~,~ - 'r -~ ~ ;."~'~ "'QI'~ "-.~""""""--"'''-~'''''''''''..;.,,.,~,,,,,~,,,., --'--'~' o ,-",;;.d<'t'~I'.'""~ - ,,,,;, ''''''~'~'' " . >~,," 'W' '_,"__",;", . p ~ ~ ~r~~ ~ '*- .~ - ~ /{,,-:O,.. "l ~ \) &l c,c~o;;;b __ f' l;)- DI> D () , I I I ' ~~ ,... ~ .. r~ ,... . ~ :t .. ~ ~ . ~ "' , "' ~ "' ~ . ;"""",. __~:II,'~'^j" - ~'il~l~~1IlW~1,W, !7":-l[jZ:~'I\lffi!ll;, " _"c,_~-tW.f"~l',~;"\,,,;';1~'i "',"'1',-,:-,,,;.."'!-,,-, "<,-"" "T . 1'If """iilfi'i6' r'r'~jlrr'f" n"l~'lii:'" n ~; ~.~ -rJf: ' _C\~'. ~':~J ~~l~,_ ~C -': ~', ~ :,",C P.C - C) ,." i"~=; l,:-j t"..) ., '::'-, -, -<. ',;:l (J"\ :z ~"'""g-+;i ' f(~'i!~1~:'~n~;~,,, ",,,,,Ji;$"'~1l!~.,,:_",,"''''''_ ;:; ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARAL. SIX and RYAN A. TROXLER, Defendants. LEGAL DESCRIPTION ALL that certain condominium dwelling unit situated in Westfields Condominium in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania. BEING designated and known as Unit No. 55 in the Declaration of Condominium and Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Record Book Volume 371, Page 12, (as amended in a First Amendment thereto dated April 6, 1990, and recorded on the same date in said Recorder's Office in Miscellaneous Record Book Volume 378, Page 940 and as further amended by a Second Amendment dated November 9, 1990, and recorded on Apri125, 1991, in said Recorder's Office in Miscellaneous Record Book Volume 396, Page 923), as required and in accordance with the provisions of the Pennsylvania Uniform Condominium Act (Act of July 2,1980, P.L. 285, No. 82; 60 Pa, C.SA 93101 et seq., as amended); TOGETHER with an undivided 2.778% interest in Common Elements as more particularly defined, limited, subject to adjustment and set forth in the aforesaid Declaration of Condominium and Declaration Plans, and together with the right to use any Limited Common Elements applicable to the Unit being conveyed herein pursuant to said Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT, NEVERTHELESS, to all agreements, conditions, easements and restrictions of prior record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium and Declaration Plans. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Uniform Condominium Act of Pennsylvania; and further covenants and Agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Section 3315 of said Uniform Condominium Act, may relieve a subsequent Unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or Unit hereby conveyed and all subsequent own~rs thereof. -"~"~;""";~'I'!~;W~~ 1 ~W~l1[M, ' .." !I!I'!'III!!l!,__ ~I ,~,~ 1='" - .... , ~~ l' =t~,.< The Grantee, for and on behalf of the Grantee and the Grantee's heirs and assigns, by acceptance of this Deed, acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration Plans and any amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantee and all owners of Units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledges that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Westfields Condominium and, therefore, waives any and all rights under Section 3406 (c) of the Uniform Condominium Act, as amended. SAID premises having a post office address of 104 Easterly Drive, Mechanicsburg, P A 17055. PARCEL NO. 38-23-0571-190-U55. BEING the same premises which Susan M. Derk, single, by deed dated 06/30/2000 and recorded on 07/05/2000 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 224, page 883, granted and conveyed unto Tar L. Six and Ryan Troxler. -,i,'~, :''-'- ',~', ." , .,. ~,' ~I" f d_ l~"""" ~ t ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARAL. SIX and RYAN A. TROXLER, Defendants. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 104 Easterly Drive, Mechanicsburg, P A 17055. ~/J68hr . Louis P. Vitti, Esquire SWORN TO and subscribed Notarial Seal Cheryl B. Edler, Notary Public Plttsburf)h, Alle9lwn~l County My Commission eXpires .June 10, 2002 Member, Pennsylvania As':-OCiatiQfI 01 Notaries before me this 12th day of December, 2001. :<'''iIi'-mW\'~-''1''l'_ ,"",~".""""",,,,__"~, "."",,"_''''__'''.q'~'~r ,_~_ "~_._ ~,= __ ,. r ,", "- ',"'~ ." ^.< ^,,~ ,- -~~" q""~~,, ""'''''~'~~'?"'m! ,"''' - ",-,"', -' """"','~~."'-' ~"'c''''.'''''': II '- (') c:-' f:' t~:j -, " ., w ITi , -.-, -2~', -- c' , ., -. . c' . -q , .. .' .,--- l .' ,. ~~c' ( , -;/ :? :':.J _J -< -~ ._"jW!\,m~;lj;l:WI,l~I~III~~."'!'!'l!;'~I'i~NliL"",,'"l'P!'~~~101!\Mi~r,~~,~,;Y 7~~'," ,~,~"i ,j]",Ui!IJ' ~ . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARA 1. SIX and RYAN A. TROXLER, 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 104 Easterly Drive, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Tara 1. Six Ryan A. Troxler 104 Easterly Drive Mechanicsburg, P A 17055 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) Silver Spring Township Author. 6415, Rear, Carlisle Pike Mechanicsburg, P A 17050 -;~W-~ ' _ ~~, '.<, _ r" T ~ ,~ ~ l ~,~_n: - ~ " 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) Westfields Condominium Address cannot be reasonably ascertained 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 Silver Springs Twp. 269 Woods Drive Mechanicsburg, P A 17055 Silver Springs Township 6475 Carlisle Pike Mechanicsburg, P A 17055 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, P A 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, P A 17013 "''''';'':''''''"'~~~.\[~ ~~",,- If1 - !!!11; . Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 104 Easterly Drive Mechanicsburg, P A 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December 12. 2001 Date 2/f~ : L 'PV"E' IJtt::t OUlS . Ittl, sqUIre Attorney for Plaintiff SWORN TO and subscribed before me this 12th day of December, 2001. ;;nf>'-~q"':(~..,,.,. ',"r '-,,. -," ~, ,~ ~_. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Tara 1. Six Ryan A. Troxler 104 Easterly Drive Mechaincsburg, PA 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 5 , 2002' at 10:00 A.M., the following described real estate, of which Tara 1. Six and Ryan A. Troxler are owners or reputed owners: Westfields Condominium, Silver Spring Twp, Cumberland Twp & Cmwlth of P A. HET a dwg k/a 104 Easterly Drive, Mechanicsburg, PA 17055. Parcel No. 38-23-0571-190-U55. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Tara 1. Six and Ryan A. Troxler at No. 2001-06244 in the amount of$98,165.94. 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 Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy 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. -;;,,-~W_ , ,,<'. . ":t!lp.,,, ',"__,'~..,__,"__. '""=-,"',~,,," __~, _~''^'''-'', ,-F,,"",,'1-,",, ,', ,'C7~ ., ~','" ',_ - -, .~. , YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed ifno petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. <<~6ilP/j 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.** 7";;:", ".",",.-?, .,Y" ,''''_ ";~,:,,,:,;:~<,,,,,"_"'7,' ._'';';'(1' ~"O'" ',~" ',<;" ! ':'rrm' ~ -'~7'. . ".it', :'~'",~"-FkT"),~"',"': "," 1".-',' '__k, " ,-" , , . ,r,,_ '" JI':'"-,,,.,, FH"""',, r_"";~ ;HrC' 2~--:(- t;'~' ~~f~ ~'=j -<. ,~~ '~""""-'nJ.];[m:-~if--'(-]f"~':':'1 T"'.'P o c: C::' :'~::1 ;~;1 r'<, :':) .,...J . ~o !~~lLK~__"fl:~,~~~m.'jj~~1('1\1%'!%~~~'~~~~.':"",~" "i-~I",,J"_,,OO)Ji '"'~ ... .'- i. i i, f 1,1 I:'! 'i 'i 1'1 ,i i ~ "I I 'I II i. f'l ;'1 i'! :'i I:] II 'i 1':1 i: i' i,i i: i.i ['i ,i i"1 L: " :'! ;.""'''''~'ifiI ,,~ NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Tara L. Six Ryan A. Troxler 104 Easterly Drive Mechaincsburg, P A 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 5 , 2002 at 10:00 A.M., the following described real estate, of which Tara L. Six and Ryan A. Troxler are owners or reputed owners: Westfields Condominium, Silver Spring Twp, Cumberland Twp & Cmwlth ofPA. HET adwg k/a 104 Easterly Drive, Mechanicsburg, PA 17055. Parcel No. 38-23-057l-l90-U55. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Tara L. Six and Ryan A. Troxler at No. 2001-0621.4 in the amount of$98,165.94. 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 thatl 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. f5"!?'Il"T " ~ " , ~ , , - ,~~,~ ~ ~ir YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. 4~bJ~ LoUIS P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, P A 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** '!';;~~",~"",,,,-,J:Iili!l!_ "f' , ,'< . 1 !~" . ,,~""~..,~~, " "' "~ '~." ".1,1:1, ;.,_ _ u..' .~< H ru ,- '~=F,,,,,,"1'C''''''' =""~w~='k~rn""',",,,,-)-2; .~,"\ ,~~! k~,~'~!~~iIU''''''~'~';'i!-;>',,:-~.,-,~ '''f;;:-"."~;,.c'''';'",'''''''-\'''''''~-f.''~'''''!''''''-~'''l~~,~,",,N''~'~'tiW~~"~j~t~~~~__,,__;--:-)I~,t 0 c::o ,r-'. '~,--' C ""';'-t S r::J -ace t~l '-'-' rnr" -c-; L~ Z:I' i"'-J --', '-" Z~ Cf1 " cr'l '-' -<...:,,- \;;~~;S <Cc -0 ~'T, ,'-c-""T, ~>() ~~, \.,:J (~S Zo ~:? c,::;;:;rn ~c:: ::::j :5 .crl ~ -< en :< - ~S ~ ~r ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 2001-06244 Plaintiff, AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 vs. Code MORTGAGE FORECLOSURE TARA 1. SIX and RYAN A. TROXLER, Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PAI.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 (~"!!",",~ , -,' ,'~ ,,~,,"_ ec-'< ""-'''r.,~,W~~I''', ""," '" -,_" ",','"~>'.''''' I ,'o_~=, ",., " , "-', ,~,'- , ,"-',," ',,-' - . ,'-' ~. ~, ~ --~ ~-<- .' ..,,'.".. "'." u".,"',. , " <~<" -~ '~ 0- 1 "'-~ ,~~~ ,~. ~.~~ ~~,~ "~o'"'~""' ~"r"lin"~t ':'il~,T 't" r '~<'V'~; .. "c ."~ '''''''7,.,_"",l'7,~.1.",:,JllW]9f'lf.1lil~,li~~JIi~,;p~~~~~f<!M'I,1iUOJ~H,1lIl;JI'~,lJ__, . '~, ~~",),,,.,,,,J~t !' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARA 1. SIX and RYAN A. TROXLER, Defendants. AMENDED 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 104 Easterly Drive, Mechanicsburg, PA 17055. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Tara 1. Six Ryan A. Troxler 104 Easterly Drive Mechanicsburg, PA 17055 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) :,... Silver Spring Township Author. 6415, Rear, Carlisle Pike Mechanicsburg, P A 17050 ';f@,ITjl:l\,,,,~~ ~',~, ... __. . _ :-'".r,-A ,""^~,',~I'" ~, ,,~',^_", ^ >>""'~,, ~ ",," ,~~ ~ ~ - - ~- ., ,~ ,,: 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 ifthis cannot be reasonably ascertained) Westfields Condominium P.O. Box 8 Mechanicsburg, P A 17055 Westfields Condominium c/o Richard D. Snelbaker, Esq. Snelbaker & Elicker, P.C. 44 West Main Street Mechanicsburg, P A 17055 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 Silver Springs Twp. 269 Woods Drive Mechanicsburg, PA 17055 Silver Springs Township 6475 Carlisle Pike Mechanicsburg, P A 17055 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg, P A 17l 05 Clerk of Courts Crimina1/Civil Division One Courthouse Square Carlisle, P A 17013 :~. c " "<'>>;',"~'_ <(),..1';"",,",, ''',,:?,, "'''1>'! '."',1 ~',,-' " -."",,,"7' "",-,-o-,,,,","'~'~', ,..,'"h' ,. '"'- . ',',--..'.,' -~ - .,.:' ,,' Jt, Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, P A 17013 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 104 Easterly Drive Mechanicsburg, P A 17055 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. January 22. 2002 Date ~~ftf' Attorney for Plaintiff SWORN TO and subscribed before me this 22nd day of January, 2002. L NOTMIALSEA!. O/S A. EVANGELISTA CITY OF PITTSBURGH AI.(J>TAF/Y PUBLIC MY COMMISSION EXPIRES OC7iGHENY COUNTY OBtR 17, 2DD5 ~c;?~~ Notary Public :':,,~rFT-r ,l."!II!! < .; ,,,",c: '~,'" ,',,^',>,',"'; ,0::" ,,-,:-,,-,"'" ,-A-'~'":!,,,~,,~ -'I~~-':''''''~' , ,c'!"'9 '-'. ~"'''''" ,;",^"n 1-_ "',~- -. " ,,",," "" A.Jli ~__, 0 ~<,,,"~~_ >,=;,h .., CFo ,.~. <',_ n~' - '~--">,",~, '~~" - "",~,,,,,,,,,,;.", ,"-,""'''' ~"'- '] '.. 0 C' 0 C \'"..;. '1 ::c,..,. \:'jf.-", .~ rlll-;~ )'"..::> ,..;0;.. " Z:;:I) ~~ 71'--- N -"-,'" 05)> .f.,"_. -<:2: '- '~c) ~C) ., ~, .-D . " -:e;C) :K ~~;~ ~() l':-? c >~--" -7 ~ .r_ :::> ~ :D U1 -< B' 13!/ ,1-;!0"""-~~' < , UII.J._mr~'iWl~;;;;m:~~l~~~~I,lm:~~"'~~f__~ '~,?" ~lfii!1~:~'~~~ 1J p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION No. 01-6244 CIVIL TERM Plaintiff, AFFIDA vrr OF SERVICE vs. Code MORTGAGE FORECLOSURE TARA 1. SIX and RYAN A. TROXLER, 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 ';'t~~,~__ '~r-c::,~,-"',"",,,,,,"<' _,",~,_ .~~." _,","_, ,,,1_ , .'. - ^ " -,'- -. ,,',~ . ~ ;!if] ,,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 01-6244 CIVIL TERM Plaintiff, vs. TARA L. SIX and RYAN A. TROXLER, Defendants. AFFIDAVIT OF SERVICE I, Auclra 1. 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 December 19,2001 and January 22,2002, advising them of the Sheriff's sale of the property at 104 Easterly Drive, Mechanicsburg, P A 17055, on June 5. 2002. LOUIS P. VITTI & ASSOCIATES, P.e. SWORN to and subscribed before me this 7th day NOTARIAL SEAl GEUSTA,NOTARY PUBLIC RGH AllEGHEtlY COUNT'I' , N EXPIRes OCTOBER 17.2005 '~~~, - "",,",' ''''-''''- " ,o",,,_.,""~ """0, )o~'ir~"',I", '?-,"'",'.. """~",:",,,, ,_ ,,' , ,.~ ,':' ~4-"""~'~~""";~~' ',., ''''''''''''f~",''~"''",_ ""~ l~ Affix fee here In stamps or meter postage and post mark. Inquire of Postmaster for current U.S. POStAL SE VICE E T ATE OF MAaJIII MAY BE USED fOR DOMESTIC AND I'NTERNA T10N~kJIIAIL, DOeS NOT PROVIDE FOR INSURANCE-POSTMASTER ~~ RecelVrcrrns P. VIT,Tl i ls~~. '~ 65 g1eSlfl1ln~c 1 PITTSBl.fl::R:fH, l',LXTf~PA ,1/ (412) 2B1-1725:~ O[;C- .,' ./.0 ~ , ~~~~~- "Sot[) " -,' 'c, ,;<$ ~ One piece of ordinary mail addressed to: Tenant/Occupant 104 Easterly Drive MechanicRburg. PA 170~~ PS Form 3817. Mar. 1989 A.J ./six/06-05-02 U. ,POSTAL S..VICE O. . .T. MAY BE USED'FOR DOMESTIC ANO INTeRNAllONALPM,ll, DOES NOT PROVIDE FOR INSURANCE POSTMASTER ~"i'-~POf;]--. Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Rece;vlWS p. VI~~S~~~. ~ 65" 1 3 5 Q16 ~ tl c 19M, "_ PITTS~~~, PA'l~~~Pt'" 15:f-~' e..~~>, (412) 281-1725 <?' DtC';\ . ;,-lb A '{JIVI ::c.' ~ One piece of ordinary mail addressed to: Bureau of Compliance ALLll: 3usall Blough Clearance Support Section " Dept. #281230 Harrisburg, PA 17128-1230 A.J./Six/06-05-02 PS Form 3817, Mar. 1989 U,S, POSTAL SERVICE -CERTIFICATE OF MAILING Affix fee here In stemps MAY BE USED FOR DOMESTIC AND INTERNATIONAL.MAIL. DOES NOT or meter postag~ and PROVIDE FOR INSURANCE POSTMASTER "c..1,B:>~ post mark. InqUire of Recelv'i:6tltS p. VIT~l & At~~~ Postme"er for current 916fj~''-OOg'1'50 :~~654B5 PITTSaYRQH, 1M.r1~WPA i 2 ~ ~ (412) 281-1725 . . . if;: . ~4''''. One piece of ordinary mail addressed to: .t,~:' D (1~ Silver Springs Township Author. .""" .,'fC Cl'; ... ....(J 'lebo I(/J 6415, Rear, Carlis le Pike '. "(iJ . Mechanicsburg, PA 17050 ~. PS Fo.m 3817, Mar. 1989 A.J./six/06-05-02 ~~ ......' ~--.-, ~ 0='''' ; ! II [,~, ,'''''.,'' " . ',>- ",~, ~< "r.- "'., ~- t~'""'''''~'~=-''''-'';'i!+li;;;-JPi!:; "~'U H~L-:-'~Jil.1rTI"'v Y"'i"tf'" " _~ "~,,?;,~~:._,,f:""~'~;';';"'''''1'l1,~:t ),,~,"'-"<-"":";:"-'; ,-. '- <,,,",:>0 __' ,,,",' , ,'c 1- ~"'- ""~~;",,_~~~~JJ:~t-:,,,' ~'IIffl~tl:f~"'mj:jl~!"g,!WlH~t';:-')~8il""f'f'\il-'<'lT;%~'T"J~l!'~l&"'if~~~::'it, ~(.-"fl"""" """ ",' ,'" - -'~',-" -, ~,'",~., - ~ ~ ~ " , -~,_"'rtIiJ,_,~ , ~~, 1!!lIl, "';F",""!'_" Affix fee here in stamps or meter postage and, post mark. Inquire of Postmaster for current R"e;v1'.ooIS p. VI1'r1 "& A'S~ ' 916i$ti.f~U'50 ~~~!>~ PITTS ,?~!~2WPA' 1 ("412) 28 I- \125 One piece of ordinary mail addressed to: Tax Collector of Silver Springs Twp. 269 Woods Drive Mechanicsburg, PA 17055 1 35 01 . 2 .'. 9".;, ~". ,-,':')// -, .',',,\ . =~\ <..,,,- " /Yi' . "I'} ~ iI" , ,(,"\'/!-\.YL",~~"", . .....-"i ~ ~j If- _ ."'-. ,_..,~",';<F "",~~""'~--' PS Form 3817, Mar. 1989 A.J./Six/06~05-02 U.s. POSTAL SERV1CE _ Affix- fee here in stamps MAYBE USED FOR 08MESTIC AND tNt-UtNA: ~ or meter postage and PROVIDE FOR INSURANCE-POSTMASTER tC- post mark. Inquire of Postmaster for current ReceloUis p. VITJ~~ f~~'Ii-BEP.~ 6 5 4...' .35 916fZlffiHA~ 19 01 PITT~Rf IRGI-f, p~ 15219 PA . :;fl"'?~:f (412) 281-1725c.;"'\.::~ One piece of ordinary mail addressed to: '" ..(.',!!" ;;~i Silver Springs Township, .,(,6:;': .!4o/ 6475 Carll.' sle Pl.' ke \. \ c," '>~~'/ -\,'~"I! ~"'Ir/ '';:,.... )."'- .~,_."J" I Mechanicsburg, PA 17055 i I I:PS Form 3817, Mar. 1989 A J / / . . Six 06-05-02 CI!RT""ICAT'" - Aft;x fee here;n stemp. , U,.S. POSTAL SERVICE Ir ~ UI'" or meter postage and ~y BE USED FOR DOMESTIC AND INTERNATlON~~Mz' DOES NOT post mark. Inquire of PROVIDE FOR INSURANCE-POSTMASTER ~~ < Postmaster for current ReCe"ttfrltS P. VITTi *f.S~~ B ~ 6 4 1 35 916 Ffl~ ~\~ Ii: C 9-:1-Op1~~',. PITTSB~ PA'~'l'9'HP~ ~'1V .;<p.~ (412) 281-1725 Y DEe ~ , .1.& tm One p19ce of ordmary mall addressed to: \ 2/JJ;jl ~~ Corrmonwealth of PA - DPW i;I,'l<~._> '~ ~ '~~~~2~M1'" P.O. Box 8016 Harrisburg, PA 17105 PS Form 3817, Mar. 1989 A.J./Six/06-05-02 1-- '!'"I~ :' . -," ~, ~.(IJ!ll__ ~,~~, ~ ,~', ,,'k" '~" 0' ~ ",,~- '- '~-.-'~ -<-, "",,' ~~. ''','''~s''''A;';g<-'.>:1tl1fFt;'jfJifljjlr")i(, nT:"rrJ[:,:rJtlt"~~1~,'rY1~'-~; JD.~i~Ll]0ill~~;".~.., .=,.. _'< ~""~1,. ~ ~,!'~~ ~ """~'~;'W""1\-='!_"'!"'3__,",,"I:"'-'_"'i""I~~1~':)\~I'~r~~-i:tt]!f~'-~f>i,<J'?,'\',~~~~ ~I' -.< ' "~. U.S. POSTA SE YICE C. T ,AT M J MAYBE USED FOR DOMESTIC AND lNTEftNA TlONAl MAll, DOES NOT PROVIDE'fOR INSURANCE POSTMASTEfI. ~F'O.ti::- Affix fee,here in stamps or meter postage and post maTI<.. Inquire of Postmaster for current Rec,'vtOUIS p. VrJt~~-1Ii8 6 /; 1 ~ 5 Q1 e W ' 5 h H C 1 9 0 1 PITTS~, PAnt$~PA 15219 (412) 281-1725 One piece of ordinaTY mail addressed to: Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J./Six/06-05-02 Affix fee here in stamps or meter postage aAd post mark. Inquire of Postmaster for current .S. POSTAL VICE MAY BE USED FOR DOMESTIC ANO,'lt;Ji'EiiWA:tiONAL MAil DdES NOT PROVIDE FOR INSURANCE-POSTMASTER -- Po.s ' Rece;veUmis p. VIT1\t ASSj~~18 6 310 f(lf6Tl!rMtOO/E . C . PITTSBtJfi6S1. PAr!f!PfQ'1PA (412) 281-1725 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 iA..J/Six/06-05-02 "'" 1 ""..~ , ,~ - .. ~~~ .~~"" . . . . U.S. POSTAL SERVICE CERTIFICATE Of MAILING MAY BE USED FOR DOMESTIC AND INTERNAT10NAL~A'L, DCES NOT PROVIDE FOR INSURANCE POSTMASTER ~1?> ~ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Rec,;vT601s P. Vrf,r! i AS~b ~.8 6 5 4 1 35 916flf'f~ AIJtiIU . JA N 2;: 02 PITTSBuRGH. PATf5219PA . 1 5 2 1 9 (412) 281-1725 P.O. Box 8 Mechanicsburg, PA 17055 One piece of ordinary mall addressed to: Westfields Condominium Association PS Form 3817, Mar. 1989 jA.J ./six/06-05-02 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Received From: One piece of ordinary mail addressed to: Westfields Condominium Association c 0 l.C ar ne er, sq. Snelbaker & Elicker, p.e. 44 West Main Street Mechanicsburg, PA 17055 PS Form 3817, Mar. 1989 A.J ./Six/06-05-02 ,;l,,"""''''-''.''''''i'!!l 'c .,~,." .",..".~,,.,.,. , . ~r ,.. ~~ ~, ~~_~ , ~r.-:'J'!!'l ~~. 1F!lI!'~.__r ,~ '~~ ,- Q',~~,' '~--'e..c~~,""""c..-""c,-,-"~'~"" . -"'~~, ~., _"'~'nr'W_t:Jtti;) . . C) I1 p { :=s 't' c " '" '"'t1fl '", () ~~ - fO W" 0 }.... _. ,-< - ./ ~l '"'V n~c= 3 st :i> c' c 0.J 2' -,...,' j,J -( 0 fS '~4 , ~ I' ""''''W'~_''U''''''''''''W''~'''""'_ll\l'IIl'~!.,,,)li _,,, ,~,",,:,~t<:-;;;r.cl!ln~!l?!:v~ljll,j~ :iJl, nIWiMl'~~~~f!0!ff'I!#"'~,n',,"-;-'''''',,~"w:,,.--~;;,,,,jf~':l.,,,,, ,~ " COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which National Citv Mtg Co is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 02002, under and by virtue of a writ Execution issued on the 14th day ofDec, A.D. )2001, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 6244, at the suit of National Citv Mtg Co against Tara L Six & Rvan A Troxler is duly recorded in Sheriffs Deed Book No. 253, Page 3273. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this VJ day of Sept, A.D. '/2002. /~y Recorder of Deeds :<,e~'''''''~~" .,7', , . "= ,',1 'r- o. - - flU!! ", , ',. 9,r National City Mortgage Company VS Tara L. Six and Ryan A. Troxler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6244 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on February 20,2002 at 6:18 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: Tara L. Six, by making known unto Tara L. Six personally, at 104 Easterly Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on February 20,2002 at 6:18 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: Ryan A. Troxler, by making known unto Ryan A. Troxler personally, at 104 Easterly Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 10:49 o'clock A.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tara L. six and Ryan A. Troxler located at 104 Easterly Drive, Mechanic~burg, 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: Ryan A. Troxler, by regular mail to his last known address of 104 Easterly Drive, Mechanicsburg, P A 17055. This letter was mailed under the date of April 04, 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: Tara L. Six, by regular mail to her last known address of 104 Easterly Drive, Mechanicsburg, P A 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 4,2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgage Co. It being the highest bid and best price received for the same, National City Mortgage Co. of 3232 Newmark Drive, Miamisburg, OH 45342, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of$I,349.07, it being costs. -i'",,!2",~~,,!~n"~""~~_'''-~''''''!'I:I!'WItlfIl ~, .......l""'"l'""'"~= ~"N _ ....~~ _ ~~," _" ,,"--""""""''lin'!'I"L~,~~" t"~~~ 0" .,' Sheriff s Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So.arn am sU::scr:ib3::l. In tefare rre 'Ibis ;to!f" day of --L mEA... J..,. . . 2002, A.DPro~ Q n.,;;t1'VI~~ '~'~~'~rq_,,,,.,'j"~",,,,<,,;,,, '7-' '":' ~.,~, ~,,~ ~, "t I 30.00 26.45 15.00 15.00 30.00 10.00 .50 1.00 12.42 1.85 15.00 30.00 20.00 618.80 443.35 25.20 25.00 29.50 $1,349.07 paid by attorney 9-9-02 S:> I\rae:s: r:q;c' ~:~~ R. 'Ih::m3s KLire, . ax )O~c\vvu:iP'\ Ia3l El3ta J:'Ep.1ty V ? 00 jb- ,;0 I- Lk. 3J?oSz.. /d.... / J- 'i '7 '7 9 , - lIIIf!III ' , ~ "-""""'f'-""'-""""f"ffl1;~ .- ., , . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 2001-06244 Plaintiff, AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 vs. Code MORTGAGE FORECLOSURE TARA 1. SIX andR Y AN A. TROXLER, 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 ",o-,;;"<'''"'-''''i'I;p;,'~.r,T . - , -~ """""''II,,! ~"-~ " " f " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARA L. SIX and RYAN A. TROXLER, Defendants. AMENDED 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 104 Easterly Drive, Mechanicsburg, PA 17055. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Tara L. Six Ryan A. Troxler 104 Easterly Drive Mechanicsburg, P A 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) ::i :'1 , i ':1 li , 'il Silver Spring Township Author. 6415, Rear, Carlisle Pike Mechanicsburg, P A 17050 '-"'':'''_''';'':'.0,''1;>:1""","" T,I "..-.-" "-'~, 1 1~ ,~~~.,..~~ ., """""'!-.....'"~ ;,mr - ..o,'~'~ . 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) Westfields Condominium P.O. Box 8 Mechanicsburg, P A 17055 Westfields Condominium c/o Richard D. Snelbaker, Esq. Snelbaker & Elicker, P.C. 44 West Main Street Mechanicsburg, P A 17055 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate ifthis cannot be reasonably ascertained) Tax Collector of Silver Springs Twp. 269 Woods Drive Mechanicsburg, P A 17055 Silver Springs Township 6475 Carlisle Pike Mechanicsburg, P A 17055 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg, P A 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 --,0."i,1""--:o"^'''''''''WlJI~'~~'f!W"" '''''~' - I ~ e ,~ "...,~. ~. 1'" -~-~" ""'~ Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, P A 17013 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 104 Easterly Drive Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. January 22. 2002 Date ~' .... ~ UlS P. Vitti, EsqUIre Attorney for Plaintiff SWORN TO and subscribed before me this 22nd day of January, 2002. LOIS A EV NOTARIAL SEAL . ANGElIST A CITY OF PITTSBURGH ' NOTARY PUBLIC MY COMMISSION EXPIR:LLEGHENY COUNTY S OCTOBER 17, 2005 c~~~~ ,:,,,,,,,,C"'i-"d"f""-'''''''''' __,~ """" ,"'" I I I~ ~ ~".~, ~, r'~"~ . ~ , "e_ I" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARA 1. SIX and RYAN A. TROXLER, 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 104 Easterly Drive, Mechanicsburg, PA 17055. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Tara 1. Six Ryan A. Troxler 104 Easterly Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (please indicate if this cannot be reasonably ascertained) Same as No.1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Silver Spring Township Author. 6415, Rear, Carlisle Pike Mechanicsburg, P A 17050 '~f'~~~ ""_ ;-" ~""~~";X-..,","'/~' _, 4. Name and address ofthe 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) Westfields Condominium Address cannot be reasonably ascertained 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 Silver Springs Twp. 269 Woods Drive Mechanicsburg, P A 17055 Silver Springs Township 6475 Carlisle Pike Mechanicsburg, P A 17055 Commonwealth ofP A -DPW P.O. Box 8016 Harrisburg, P A 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 "'"~'P;:;_rp,:~,~""",, d'"", ,~ e .' ~" ,," ",_. , ' >,,", I '__'~ _ . " -",.', , ~ ~~ <' Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 104 Easterly Drive Mechanicsburg, P A 17055 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December 12. 2001 Date ~~: L 'PV"E' i;!;ttr oms . lttl, squue Attorney for Plaintiff SWORN TO and subscribed before me this 12th day of December, 2001. Notary Pu ',ii:~~1'Jl!'&!l .,'-'''' c ~,m=, ','''''"""""" ~~ ,~ ~ -,- ~~. 'I .,. ,'> , , NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Tara L. Six Ryan A. Troxler 104 Easterly Drive Mechaincsburg, P A 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 5 , 2002 at 10:00 A.M., the following described real estate, of which Tara L. Six and Ryan A. Troxler are owners or reputed owners: i< Westfields Condominium, Silver Spring Twp, Cumberland Twp & Cmwlth of P A. HET a dwg k/a 104 Easterly Drive, Mechanicsburg, PA 17055. Parcel No. 38-23-057l-190-U55. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Tara L. Six and Ryan A. Troxler at No. 2001-06244 in the amount of$98,165.94. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. "'",;;;,"'''''''''i:'N"",-Vi "'<' " 'll', __, ""'I"1=,'f"_~V"-!=* 1" ... . YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT lIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the 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 Sheriffwill deliver the Deed ifno petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office ofthe Sheriff. ~~&Ji1Ii 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.** ~-'-''''C''';'F>''''''<m'~, Il[, c .~=.,,~~~'" r ~ ,I' -'~ >II'I!IIIII~ ~t~ r. - ~ mr~ ,~>-ti; , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01-6244 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY National City Mortgage Canpany To satisfy the debt, interest and costs due PLAINTIFF(S) Tara L. Six & Ryan A. Troxler, 104 Easterly Drive, Mechanicsburg, PA 17055 from DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description (2) You are also directed to attach the property of the defendant(s) not levied upon!n the possession of GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is411fll. enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defen<lant(s) or otherwise disposing thereof; (3) It property oflhe defendant(s) not levied upon an subject to attachment is foun<l in I\\!e l?o$Session of aQypne other than a named garnishee, you are directed to notny himiherthat he/$hllhas been added as agarni$hee and is enjoined as above stated, Amount Due Interest Ally's Comm Atty Paid Plaintiff Paid $98,165.94 LL $.50 % Due Pro thy Other Costs $1_00 '?'3.I';<Q 41'; $121. 85 Date: December 14, 2001 Curtis R. Long Prothonotary, Civil Division ~ LJ,~o {.l.~ Deputy REQUESTING PARTY Name Louis P. Vitti. Esq. Address: 916 Fifth Avenue Pittsburqh, PA 15219 Attorney for Plaintiff felephone: 412-281-1725 Supreme Court 10 No, 38] 0 '. '~P""^""'--:,I?,"~',"1'A'_""~P.\j;",,,.~ , "'~ "", ~-~ J,~-~~ ill -- ~ REAL E~T I~ Ti= ~ M r. N. 0 L-tl ",,\jnr$.~ b ~-<A,&",-.,b ~ ., On February 5, 2002, the sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A, known and numbered as l04 Easterly Drive, Mechanicsburg, and more fully described on Exhibit "A" filed ...,.. = ~t- . a:::z: "':::> :t:r r.nc' \.1.-\ 1-,- :c ;;G t--.c-" ~' 01;:- ~."- We::. '-"::<. ~~ ~ ?ith this writ and by this reference incorporated herein. '~J4 --j~.. . '...J 1)-- ef) ~2 <Date: February 5, 2002 -c1:% r-- <.:J :z: - w 0.. ::;.. ~ c:> '" By: Jo~~ Real Estate Deputy ('o:~ ~ c:;r;) c::::lI @) liVi. """",..~,~"",Jll:_:R~-ii~,itt"-w.tU'W~~~JMIl~~!ffi"~'~,';j''':-'''',-, '0!","i"'~i'1'i':t"'!0"~')~~~''''r.''"~li'}*~''''t~f~!!~:~~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, vs. TARA L. SIX and RYAN A. TROXLER, Defendants. LEGAL DESCRIPTION ALL that certain condominium dwelling unit situated in Westfields Condominium in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania. BEING designated and known as Unit No. 55 in the Declaration of Condominium and Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Record Book Volume 371, Page 12, (as amended in a First Amendment thereto dated April 6, 1990, and recorded on the same date in said Recorder's Office in Miscellaneous Record Book Volume 378, Page 940 and as further amended by a Second Amendment dated November 9, 1990, and recorded on April 25, 1991, in said Recorder's Office in Miscellaneous Record Book Volume 396, Page 923), as required and in accordance with the provisions of the Pennsylvania Uniform Condominium Act (Act of July 2, 1980, P.L. 285, No. 82; 60 Pa, C.S.A. S310l et seq., as amended); TOGETHER with an undivided 2.778% interest in Common Elements as more particularly defined, limited, subject to adjustment and set forth in the aforesaid Declaration of Condominium and Declaration Plans, and together with the right to use any Limited Common Elements applicable to the Unit being conveyed herein pursuant to said Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT, NEVERTHELESS, to all agreements, conditions, easements and restrictions of prior record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium and Declaration Plans. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Uniform Condominium Act of Pennsylvania; and further covenants and Agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Section 3315 of said Uniform Condominium Act, may relieve a subsequent Unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or Unit hereby conveyed and all subsequent owners thereof. :----~i;\W'~""!'iIl'~ _,_,"' ",~'"1i'''~~':~, :~ ?~'~"" .,)'," ,.'- ., ^' ~,' - ", ... The Grantee, for and on behalf of the Grantee and the Grantee's heirs and assigns, by acceptance of this Deed, acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration Plans and any amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantee and all owners of Units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledges that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Westfields Condominium and, therefore, waives any and all rights under Section 3406 (c) of the Uniform Condominium Act, as amended. SAID premises having a post office address of 104 Easterly Drive, Mechanicsburg, P A 17055. PARCEL NO. 38-23-057l-l90-U55. BEING the same premises which Susan M. Derk, single, by deed dated 06/30/2000 and recorded on 07/05/2000 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 224, page 883, granted and conveyed unto Tar L. Six and Ryan Troxler. -~"""",';o_'''M ~'- ":0-,____" ',4 ._r"':!~W' ~,"'" _ ,\_"""~.[,,,~,.," ''''',''''~'' ',~" _ ,^ " '''''HW.T~ ,~. ,>-<~,,~o __ 1IlMA'l'E SALE NO.4 Writ No. 2001-6244 Civil National City Mortgage Company vs. Tara L. Six and Ryan A Troxler Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain condominium dwelling unit situated in Westfields Condominium in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylva- nia. BEING designated and known as Unit No. 55 in the Declaration of Condominium and Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania. in Miscellaneous Record Book Volume 371. Page 12, (as amended in a First Amendment thereto dated April 6, 1990. and recorded on the same date in said Recorder's Office in Miscellaneous Record Book Volume 378, Page 940 and as further amended by a Sec- ond Amendment dated November g. 1-9$0, and recorded on April 25. H.,l, in said Recordf;r's Officf' in , .llaneo-.,lS Recurd Book Volume 3!1e, Page 923), as required and in accordahce with the provisions of the Pennsylvania Uniform Condo- minium Act (Act of July 2, 1980. P.L. 285, No. 82: 60 Pa C.S.A. !j3101 et seq.. as amended); TOGETHER with an undivided 2.778% interest:in Common Elements as more particularly dermed. lim- ited, subject to adjustment and set forth in the aforesaid Declaration of CondominituIl and Declaration Plans, and together With the right to use any Limited Common Elements ap- plicable to the Unit being conveyed herein pursuant to said Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT, NEVER, TI-lELESS. to all agreements. condi- tions. easements and restrictions of pilar record and to :the provisions, easements, covenants and restric- tions as contained in the Declaration of Condominium and Declaration Plans. <I',I~T''!! 11 - '1');- 1'.'~ , T~' The Grantee, for and on behalt of the Grantee and the Grantee's heirs. personal representatives, suc- cessors and assigns. by the accep- tance oi this Deed. covenants and agrees to pay such charges for the maintenance of. repairs to. replace- ment of and expenses in connec- tion with the COlIlIDon Elements as may be assessed from time to time by the Executive Board in accor- dance with the Uniform Condo- minium Act of Pennsylvania; and further covenants and Agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that. except inso- far as Section 3315 of said Uniform Condominium Act. may relieve a subsequent Unit owner of liability for prior unpaid assessments. this covenant shall rnn with and bind the land or Unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs and assigns. by acceptance of this Deed, acknowledges that this I conveyance is subject in every re- spect to the Declaration. the Decla- ration Plans and any amendments thereto; and the Grantee further acknowledges that each and every provision of the foregOing is essen- tial to the best interest and for the benefit of all Unit owners therein. Grantee and all owners of Units in : said Condominium covenant and agree, as a covenant running with the land. to abide by each and ev- ery provision of said documents. The Grantee, for and on behalf of the Grantee. acknowledges that the Grantee has received. no later than f1fteen (15) days prior to this conveyance. a full and complete Public Offering Statement for West- fields Condominium and. therefore. waives any and all rights under Sec- tion 3406(c) of the Uniform Condo- minium Act. as amended. SAID premises having a post of- fice address of 104 Easterly Drive. Mechanicsburg, PA 17055. PARCEL NO. 38-23-0571-190- U55. BEING the same premises which Susan M. Derk. single. by deed dat- ed 06/30/2000 and recorded on 07/05/2000 in the Cumberland Connty, Pennsylvania. Recorder of Deeds Office in Deed Book Volume 224. page 883. granted and con- veyed nnto Tara L. Six and Ryan Troxler. " ~r~ ""' .,",..~~<<,J\!-~",_~ ,~',' b"" __,~1;f'"",- ~ ,~"--. ~v "',1&"'__~"'_~~, ,..--"...""",=,",,,,,,,,~,~ -", "V;~'~ 'Yo'--,-- A'i"%""''"'''''>'",'''"lO'''_-1<<ful&..~iinlfllf;'ft'r:1"'1'>":'":< ,1~L ~ , ,t- __ ,;,~, 0,Jll'''~~~,~~!!l1'\-9~~~~~~~~'~f[~~~~~,I~ M PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: 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 of the 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 SUBSCRlBED before me this 10 day of MAY. 2002 NOTARIAl. SEAl. LOIS E. SNYDER. NoIary PublIc ,.!v==~~~~ ",,,,,,,,,.,,"~,;...,,,, ,,-!?>~~, '!-!.-,. '" 1'0" - I I' I ", ~~ ~ ~ '" - ~ -."'''''J'~",''F-""",' " , , ~",.,> ," ,'", ,',r' ; '. " . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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 Sundav Patriot-Nf;!ws 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 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 said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #4 ~...~...................................................... this 17th day of May 2002 A.D. Notarial Seal Terry L. Ru..,II, Notary Public Harrisburg. aauphln County MyCOmrolsslon ElCjlires June 6. 2002 NARY PUBLIC Meml>er, Pennsylvania Association 01 NOlaneMy commission expires June 6, 2002 . , CUMBERlAND COUN1Y SHERIFFS OFFICE CUMBERlAND COUN1Y 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 $ 441.60 1.75 443.35 Publisher's Receipt for Advertising Cost . . The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general clfculaliOn, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... "H~~"~_ '"~ _ '1'~O_~" ,,111 ~~'""I . . . ~ - . L - , '" ", :~'" <"'~'<If-'"'='=""f~, ",,'" _ ,J?",~,_,/~,~,7,r-~"f:,,",,)J. ,l ,l[fl!lII~, ~~ ~ /' ~J ~ '0' '-'lnmr'( . i Jw.:f~, 1~f'-,' "'!;'<"'~"<"Fr"~'\VI!lr:!")---,,*:~",:,,"{,iY~'-1""<'WA'1 '~';'''''-'1=,~f'~'~1j,lN--'1[!t-'M,!i#'M,~~ffli;l~~;:M~~~~f~, fJ~f"):