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HomeMy WebLinkAbout01-06561 " < ,-- ,,~ - _0' , '""~,~~ ,-" '.. C' ,~,' ,,', .'_,b~ '.~< ;o',,-,"';'t-": '-', '! ,'! ~~i_t1~:~R:;gJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO" assignee of, PNC MORTGAGE CORP, OF AMERICA, Plaintiff, vs, MICHAEL J, MIZERAK and DEBRA MIZERAK, husband and wife, Defendants, CIVIL DNISION NO,Ol - . "5~1 C I uL '-r€-tL.~ COMPLAINT IN MORTGAGE FORECLOSURE Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P, Vitti, Esquire PA I.D, #3810 SuprerneCourt#01072 Louis P, Vitti & Assoc" P,C, 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 '~, , - ~, .,- - -' -' -'. ." "" ~" C-. ,J.-, >~-- 'u_ ;,--,",;;~,'l'7,(V')"'-h;,-_" ! u,_,,":, _'1>'; " COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 @ ,_ on ',,0 ~. >;<1,,< ,.",'?,' ;,;; ~_.;':;,;,~:, ";}"-\,,, - ,:_->~,<:-- ;fi~.i.i"';~~i'f8' COMPI,A TNT IN MORTGAGE FORECI ,OSURE AND NOW, comes the Plaintiffby 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: I, The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg, OH 45342. 2, The Defendant(s) is/are individuals with a last known mailing address of 207 Oak Drive, Mount Holly Springs, PA 17065, The property address is 207 Oak Drive, Mount Holly Springs, PA 17065 and is the subject ofthis action, 3, On the 18th day of February, 1994, in consideration ofa loan of One Hundred Twelve Thousand, Four Hundred Thirty-Four and No/IOO ($112,434,00) Dollars made by PNC Mortgage Corp, of America, an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to PNC Mortgage Corp. of America, an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and PNC Mortgage Corp, of America, as mortgagee, which mortgage was recorded on the 22nd day of February, 1994, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1197, page 785, The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length, m,,~_ i'?~ ,.--',..,;; ,----. ,;.""",- ;"<1', ~'>--- -, ';:'of.~-'; ;,;:;;'-,>,: ,,,;t":~.';:O ",,-,',-~" '" -"'-'li!J~:1iL'f 4, The premises secured by the mortgage are: (See Exhibit "A" attached hereto) 5, On the lOth day of January, 1995, PNC Mortgage Corp, of America, an OR corporation, assigned to the Plaintiff, National City Mortgage Co, , the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on the 10th day ofJanuary, 1995, in Mortgage Book Volume 489, page 239, The said assignment is incorporated herein by reference, 6, Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees," 7, Since January 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, 8, In accordance with the appropriate Pennsylvania Acts of Assembly and the pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s), 9, The amount due on said mortgage is itemized on the attached schedule, 10, Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor( s) from liability for the debt secured by the mortgage, ""-' ~. ~," ", , " - .--J--,,~ "';"~~:. -",';<\'";lz;.;>,;;,,,YLl':'''4~'''-';;''--' -;~'- Tu(':~~~ WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Twenty-One Thousand, Four Hundred Fifty-Two and 67/100 Dollars ($121,452,67) with interest and costs, Respectfully submitted, LOUIS P, VITTI & ASSOC., P,C, sdJ~ Louis P, Vitti, Esquire Attorney for Plaintiff -'1 ^' -, '-'~d_-.' ~-", ~-->'''< - '---'-"'-"-'"~"""'''-:'''-'-~'''''~".i.''__-_'!''' ~j'i{;@#ti MICHAEL MIZERAK SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 102,759,51 Interest@ 7,5000% from 12/01/00 through 11/30/2001 (Plus $21.1150 per day after 11/30/2001 ) 7,685,85 Late charges through 11/08/2001 o months @ 38,32 Accumulated beforehand (Plus $38,32 on the 17th day of each month after 344,96 ll/08/200 1 ) Attorney's fee 5,137,98 Escrow deficit 5,524,37 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE 121,452.67 .'c,: .~ - ',", File Number: H109-478 LEGAL DESCRIPTION , i I f I I i ! , 1 ALl. tnae cet"eain et"acc of Land ",ien ene illl?rovelllenes enereon erecced sieuaee in Souen ~1ddle:~n :ownsn~p, CUlIlce=land Couney, ?ennsylvan~a, bounded and described as follo",s: BEGINNING ae a paine on ene "eseet"n line of Oak D.i"e, "'hich poine is n en.. line of Lac No. o~ on t:"he hereinafe..:" lIlentioned !'lan of l.oes; thence alollg Lot No. 6~. Soueh 65 degrees 50 minutes west 150 fee: to a paine in line of lands noW' or fOt'1l\..rly of Lesear !. Du=; thence by tne latte'!, NardI 24 deg.ees 10 lIlinutes lIese LOS ~ee: to a ~oint ae line of ~ot No. ~Z; ehence along ehe laeter, Noren 65 deg:"ees 50 lIlinuees E:as~ 150 feee co a ';loine on tne "'eseern line of Oak. Drive; cn..nee alor.g, the la::e:", South ::4 degrees 10 ::inutes ::as: 105 feet to a paine ae Lot No. 04, the' Place of aEG::lN!~C. 3E:!NC Lot No. 43 on eh.. Revised Plan Of Lac No. Z of ?ine Road Heights. daeec: , :eOru,,=:' a. 1965, "'nich ?lan is recorded in ehe Office of ehe Recorder of Deeds .for Cumberland County in!'lan Book 16, Page 51. BEING ehe same premises which Charles C. Awkerman and Mary H. Awkerman, by Deed dated August 21, 1991 and being recorded in Cumberlanc County Deed Book 35, Vol. C, Page 1013, granted and conveyed unto Michael J. Mizerak and Debra Mizerak, Mortgagors herein. , , 't:. "I- ~~\\- I( \\\\ 11 .,,,~,,I -~~--- "~,';i L,d-' <o,'__i','" ,"-',"_";;'_;Ji,;;'J;f'_T\'_<'~';"<>>' ",-','....;k ;;-frt~j, , . VERIFIC: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, ~-N' L ' P V' , . OUIS , Ittl Dated: November 9, 2001 "1 -.".'-..' .,,-, '-'- , ".... " " , .", " ,~ ~'. ~ '",~ ,." ',_r<' ~, , -,--.' ',d _",,' ""'''''-"~' "~__,, . , ,~<_ ~," "" "''''''''"'"'''~,U~ >- 9;''''' _ ',N 1--' Ul'::::J fi (=~ (~3r-~ , " sYi~;;.,,~, ,:, -T/ u__;:'__~' > _'_ Cl , :oi~ LJ_ C, 0 j::: 2 --, ?',~ '-'2 0.,<( /:::, ::l :<~-~ cr1"'(J) ".)2 -'-2 ,IdJ i "0- 2: :::> o or: '~''i!'c;~::1!:~'::~~~~~";':'JCE I I" Hi !'-i:]i'-,J!)U\HY Q I llOY 20 Pi" "). . , 1:..' In y CUM~fni~~~p !~.AJ'N'" UNf( .LV,' L4 :;} ~ G t"' 1 GJp: is- \\- (j) v.,. (J I , - ~ ~ ~ a 't 1\ o VJ l..J7 ~ ~ cJrl ,il,~..,._ =",,=, _fjlm,,~"~!.UOOl,~l!II,.~ , ~=~.,,""" _l,1~Ij;~ , ' ' ,,__" ~~1<I<1",,~~lf4'fi!l'~ -- _ ~~~~:l~~ ",,,,,,,,,-,,,,,,-' W~ "'-, ~Q.-"' .... ~, , J L ," ~'~'> - ^ U , '~-'-";'<~',-i SHERIFF'S RETURN - REGULAR ... ,. " CASE NO: 2001-06561 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO ETC - VS MIZERAK MICHAEL J ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MI ZERAK DEBRA the DEFENDANT , at 2046:00 HOURS, on the 14th day of December, 2001 at 58 SPRING GARDEN ESTATES CARLISLE, PA 17013 by handing to DEBRA MIZERAK 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: 6,00 6,50 .00 10,00 ,00 22.50 ,- r-;;", ,,/ ./';/.4 r~'1~~ R, Thomas Kline 12/18/2001 LOUIS VITTI & sworn and Subscribed to before By: ASSOC, \)~~. t6~[ Deputy Sheriff -- me this 7 ~ day of l}A' """1 .;2&;.2.-J A. D, Q't" pr~1:d;'~'c:ry~ . ~~~ '~ "'... '~.~""..~--.~ " ,- .' , j, -," ..........-" 0' -. ," UJf"~~","'''.\ibc'';'''''''',,' SHERIFF'S RETURN - REGULAR .. " , CASE NO: 2001-06561 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO ETC VS MIZERAK MICHAEL J ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon - - MIZERAK MICHAEL J the DEFENDANT , at 1603:00 HOURS, on the lOth day of December, 2001 at 11 MIDLAND DRIVE MT HOLLY SPRINGS, PA 17065 by handing to MIKE MIZERAK 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: 18.00 3,25 .00 10,00 .00 31. 25 .-/?/ ~ r~..mr:r'~p~ R, Thomas Kline 12/18/2001 LOUIS VITTI & ASSOC, Sworn and Subscribed to before By: ~~~ Duty Sherlff me this ,./Jd day of ()AA~Jl r:ko.b A,D, ~",o.'lh-//"J' A~' rothonotary . ~" ~, "-, ~ " "" ..<< "-'~~'-~. .III!'.l1~d'~<;'~~~l' R. THOMAS KLINE S he. ritl \,\.1: ut ilCUtlTbel' ~~V;......' ,l4"I,>-O :. "'>;..~,:._,r.:..~,_J..,~..t.~i'_ - - - "~".~}'$:. .:~:!:~..__.:.~'. ,. ," I" EDWARD l SCHORPP So/icrlor :..::-.:~\. '-.;!:., .,~.;.. RONNY R. ANDERSON Chief Deputy OFFICE OFTHE SHERIFF PATRICIA A. SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 To: Postmaster 'Agency Control No. 01- loStI'> I nrt. /-Ie II j Date: 1I-c;R-o/ Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently being delivered. [fthe following address is a past office bOK, please furnish the street address as recorded on the boxholder's application form. Name: QJ.l'ch...a.e.1 'J. '<Ii- l)<,hrn O1iz;emk' Last Known Address: aD'? OoJ( 1'>12. r certify the address information far this tndividua! is required far the performance afthis agency's offioial duties. Q Q L<_ (Signature of Agency Official) ~td::!9 (Tille) FOR POST OFFICE USE ONLY () MAIL IS DELlVERED TO ADDRESS GIVEN () NOT KJ.!OWN AT ADDRESS GfYEN ( ) MOVED, LEFT NO FOR W ARDfNG ADDRESS () NO SUCH ADDRESS () OTHER (SPECIFY): NEW ADDRESS ~'du&.(Yl,~ It rY\.l~0L. nOlJJ5 '~_,(Y\I~.~ , 5~Sf'rl~claA ~s+. 1101:3 BOXHOLDER'S STREET ADDRESS Agency Return Address PostmarklDate Stamp Address information Request (Requlred Format) Exhibit 352.44b .- ",,.j 0'0' ., ,-~-' ",,.;.~, -< ,~_.",~_"o_.~"._~ _"", i ,; '-,,-,:~<t,; :.- ':' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., assignee ofPNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. 01-6561 CIVIL TERM Plaintiff, PRAECIPE FOR DEF AUL T JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vs. Code MORTGAGE FORECLOSURE MICHAEL 1. MIZERAK and DEBRA MIZERAK, husband and wife, Filed on behalf of Plaintiff Defendants. 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 ~, .. -."'" .' ~ " "J '-".', ,"'--~"',' o"''''''<.-'~''''''h,~'',,',c"',,,.,,~:, f~,;#~~;; ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL J. MIZERAK and DEBRA MIZERAK, : husband and wife, 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 $122,423.96, in favor of the National City Mortgage Co., et aI, Plaintiff in the above-captioned action, against the Defendants, Michael J. Mizerak and Debra Mizerak and assess Plaintiff's damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 12/01/00-01/15/02 (Plus $21.1150 per day after 01/15/02) $102,759.51 8,657.14 Late charges (Plus $38.32 per month from 11/08/01-06/05/02 $268.24) 344.96 Attorney's fee 5,137.98 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) 5.524.37 Total Amount Due $122.423.96 The real estate, which is the subject matter of the Complaint, is situate in S. Middleton Twp, Cumberland Cty & Cmwlth ofPA. HET a dwg k/a 207 Oak Drive, Mount Holly Sprio", PA 17065. P=' #40-30-2"""61. ~~ I;ouis P. Vitti, Esquire Attorney for the Plaintiff ljf '~ ,.'"",,,-,,,".,'- ,=- -'.,"-'. -~-" C"~~:c"", ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL J. MIZERAK and DEBRA MIZERAK, : husband and wife, 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 January 4, 2002, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. ~. BY: 1);t:;f{- L is P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 15th day of January, 2002. Q "-"~-- ~ I',.' ~ Ann M. G ':.j .."< " rf\ " M C.lty,?! :>;"') , ' . fv'l \.;omnh",;i':' Notary PublIc '.---____....... . ~".,,~-'.,'''''--~...... ,,::\, .,u.... ~.~ublic " 'Jlegheny I .. ",G.' 7, 2004 I, _ " ",~'''-'n=>__....._ ,~ "M..~,. :': ~^'~~~~ .,r L'. " I,',,~ ijt{, '^ j-,' "'n'A' ,i""'\\;:~""'M " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of ) PNC MORTGAGE CORP. OF AMERICA, ) ) ) ) ) ) ) ) ) Plaintiff, vs. NO. 01-6561 CIVIL TERM MICHAEL J. MIZERAK and DEBRA MIZERAK, husband and wife, Defendants, IMPORTANT NOTICE TO: Michael J. Mizerak 11 Midland Drive Mt. Holly Springs, PA 17065 Debra Mizerak 58 Spring Garden Estates Carlisle, PA 17013 Date of Notice: January 4, 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS P. VITTI & ASSOCIATES, P.c. - --,....~ , . ,.' / I" )-, 'J L,Q 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.** 1M "" ". -"', ~. ~- > , , >"" o~'^~, ~'""i>>l\l-W,,",~~_-fli, ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYL V ANlA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. SWORN to and subscribed before me this 15th day of Ja.l1uary, 2002. ", J... , Ann i\:t '8_. ,:, 'of;:>>:.:'),;:) I ~:jGomml.'"::,,, " '...--C.._---..U.'k~",,,"_<_, 3;.,~~,;~------~ ;Ublic j .~,lJegheny I "~ :,Y, .< 7, 200,~ , - "-'-""'"'''''''-'''-'''''''c_-..; lTr~~illiilf'''' '"'jllln''' .. w.A.JJ)lilUII n c -"<'t'~:~Ji~~__l~' '~'" ~ t 70 G ..() ~jk.f\lo --- () ~ lU ~ ~ ~ ~~ '"'() ~ M ~ ~ .'!'ti - \'1 :1 L,'H~f[, ~;["pKL:}J;"~1J~;~~,_~~L~ !' 1Il1!l1!llI!C.,JL J",..J.',. u.........h... ., . ". ... '" ,0,,-" " ". ... ....... -"~,, - " Q ~.. S1i~~ --;:::.; (7) >. r::-: s: ~fi ....._,- ~..' .',' < "~,,~-,,,--,," ,~ ,",~, "~',", ',-''''''',,", "~ :::'j f.,.) .,....] (T., ~ .. ~ {--, <~f "Tl =<- ., ::t I,i. C!l ~" N ~~ ,,' ,~~c'''' '"~. .'"~,, .'''"''''"..'~''<;"c ',;~",""","'1-"~~"",,"' .~, ", ,';',', :;,-,-;', :":~i; :>-'~ ',' ~, J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., assignee ofPNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. 01-6561 CIVIL TERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. Code MORTGAGE FORECLOSURE MICHAEL 1. MIZERAK and DEBRA MIZERAK, husband and wife, Filed on behalf of Plaintiff Defendants. 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 '"j - -,"''''- -',~ '" ", 'C ,,' ;-'\"'.;<;' ,,;0',""' "''''''_''~~<,'~''''-''>".,<'_-1-,= -,; "".' '. . ""'L'",,,,,,.;,Jf_,,,-, . -. ,. .j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL 1. MIZERAK and DEBRA MIZERAK, : husband and wife, 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 $122,423.96 Interest 01116/02-06/05/02 2.977.22 Total $125.401.18 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate Ill: S. Middleton Twp, Cumberland Cty & Cmwlth ofPA. HET a dwg kJa 207 Oak Drive, Mount Holly Springs, P A 17065. Parcel #40-30-2644-061. ~~;# , Attorney for Plaintiff % ........,"', ~ ~.'~M ,>~, ~,~ ~, "'" ~'" '""""".'_ . ..........u~ , -,. ~.> """"",...j"..:...,--.~..- ~,' , r'bf~i , " , , IN THE COURT OF COMMJN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Confessed Judgment (X) Other National City Mortgage Co., et al, vs. Michael J. & Delma Mizerak, File No. 01-6561 Civil Term Arrount Due $122,423.96 Interest 2,977.22 Atty's Comn Costs TO THE PROIHONJrARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instalJ.Irent sale, contract, .or account based on a confession of judgrrent, but if it does, it is based on the appropriate orj.ginal proceeding filed pursuant to Act 7 of 1966 as arreoded; and for real property pursuant to Act 6 of 1974 as arrended. Issue writ of execution in the above Il'atter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant ( s) Michael J. Mizerak and Debra Mi zerak, PRAECIPE. FOR A'I'rACH1ENl' EXEClJI'IOO Issue writ of attachrrent to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachrrent against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply fow:' copies of lengthy personalty list) see attached legal description. and all other property of the defendant ( s) in the p:lssession, custody or control of the said garnishee ( s). ( Indicate) Index this writ agains t the garnishee( s) as a lis p:ndens against real estate of the defendant(s) described in the attac~~" .t.~ _ \ DATE: January 15, 2002 Signature('//~-:JJiW P:::-in t Narre: Louis P. Vi tti ,.cdress: 916 Fifth Avenue Pittsburgh. PA 15219 ,c,:tOr:71ey Ear: Plaintiff Tele~~o~e: (412) 281-1725 "j ~ ~~-~~...~." - - . ~'~~ J '-"'0 _ , "'--', ""'" ~'t:lMJ;S-&'L!SJ";: . > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERlCA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL J. MIZERAK and DEBRA MIZERAK, : husband and wife, Defendants. LEGAL DESCRlPTION ALL that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Western line of Oak Drive, which point is at the line of Lot No. 64 on the hereinafter Plan of Lots; thence along Lot No. 64, South 65 degrees 50 minutes West 150 feet to a point in line of lands now or formerly of Lester E. Dumm; thence by the latter, North 24 degrees 10 minutes West 105 feet to a point at line of Lot No. 42; thence along the latter, North 65 degrees 50 minutes East 150 feet to a point on the Western line of Oak Drive; thence along the latter, South 24 degrees 10 minutes East 105 feet to a point at Lot No. 64, the place of beginning. BEING Lot No. 43 on the Revised Plan of Lot No. 2 of Pine Road Heights, dated February 8,1965, which Plan is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page. 51. PARCEL NO. 40-30-2644-061. HAVING erected thereon a dwelling known as 207 Oak Drive, Mount Holly Springs, PA 17065. BEING the same premises which Charles C. Awkerman and Mary H. Awkerman, his wife, by deed dated 08/2111991 and recorded on 08/23/1991 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume G35, page 1013, granted and conveyed unto Michael J. Mizerak and Debra Mizerak, his wife. =, ,--. " > - ,_ '''''1 _' _ ~- . , - , ,''''''''-r',,'~__ "",.~",".-_' ""","'0 ~'~,;,k,';' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL 1. MIZERAK and DEBRA MIZERAK, : husband and wife, 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. 1bat the Defendants' last known address is Michael J. Mizerak at 11 Midland Drive, Mt. Holly Springs, P A 17065 and Debra Mizerak at 58 Spring Garden Estates, Carlisle, P A 17013. - ~4 Lou s P. Vitti, Esquire SWORN TO and subscribed before me this 15th day of January, 2002. t'J,., . ,. ""'''''.'''''''''''''''''''-''-'--'''''' "".,",,,-- '""".__."0........_..,.-. :' L !',':./ j; r;'ublic ~ ,') ,,1:' "'.lJf~ghen:f ~ '''''':ii. "'?,f-OCh i' "","'"....~-",..,.,""""'~~ ~~ . ''''of '-""""""'~l:!_~' ~I iT;1~~rrr;"'''"~k~ttjj':kr~'jjU~mW;;i!;,i'~1l~.l!Jo'~ "",'D>"J"j" Mt: "~'lj"1f ~,v=" -- --'~ -. i, (:) ....... } llJ * ~ <<t (/) ltJ ~ ~~ ~ ~ , "" ~ , ~ d ~ 0 & 0') ~ Ii' a c c C' B "- D 0) 9..J 6"'- Cl <::"') ('J ~ J I I c t~,) --,) 0 <' -0["; c_ "\J, t- f} f ~ '.:T! ~7" ..... ..::... c> /' .. L":"'~ , , " , .... en ." .-J .. .. ..... --< .. ,'- ,- ("- ~' .. ~J ~C~ " ..... .... .. j;~:~ " " ., "\ '7 .. <- "'}jl H~) ." {T' 'J\ ~ \..a cl} ,--- .,,,,w,....~.,; ""'-"'''''"",''_^",,__A''''',~_''~~_",_, '.,,,,~,' 'F,",~~_< .< ~,',~-~,~ ~ '~''''"~"",,, ,~ ""-,"",,,,' P/O". ,,~ ,".,,'~ v ~ --~~.~~ ."".J , .v._ 10 'C ' '~-, -,',,^ -. i" "imdm,,,,,gil.d'."" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL 1. MIZERAK and DEBRA MIZERAK, : husband and wife, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., et ai, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 207 Oak Drive, Mount Holly Springs, PA 17065. L Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate ifthis cannot be reasonably ascertained) Michael J. Mizerak II Midland Drive Mt. Holly Springs, P A 17065 Debra Mizerak 58 Spring Garden Estates Carlisle, P A 17013 2. Name and address ofDefendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None oA~ ~. ~. , "'" "' It; < . -~' "i,'. " ."';;" r.h '<' <ij,: " 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) E-Mortgage, Inc. 160 W. Market Street York,PA 17401 PSB Lending Corp. 1950 Camino Vida Rosie Carls bad, CA 92008 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 S. Middletown Twp. 20 Buckthorn Drive Carlisle, PA 17013 S. Middletown Municipal Author. P.O. Box 8 Boiling Springs, PAl 7007 . 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, PA 17013 '''q ~'"" ,- ""-' - ~. ~ ~~" i.== I ~ ""-- ,I I;j_ " " " '" . "-~. ,,~- - '" ":i;J~~"f!t{!joc 'I .. Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 207 Oak Drive Mount Holly Springs, P A 17065 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 15.2002 Date Louis P. Vitti, EsqUire Attorney for Plaintiff SWORN TO and subscribed before me this 15th day ofJanuary,2002. '--.. >" j . AnnM, (in' I City of Pi,'," . tv' i CQmm,;-:.~!., . ','1."<'. i , '.:r'~, DubHe i .. ,:"liegheny ! - '-L8' ~ {,2004 r . . w.. "1jJ ~~M1t;~hl",!iji;;~~1L~i'io'k.j!<i'4--:;,'\)iz"""i,j~;;:",'!,;:,;~,;"hh~W;:';1':;i,,,,',,,;:," i'''';l'':l",~"''''''i''~''H:e''%.:i1ill!iJtgtJBIiiiiil~\~m,,,~~iili "~'''-~r -"'~"'"".~,' .~ .JrjLUi1fJi:it' UIIW_'- ,,: C) C) -- r,,) U :~: - iTi Z ::1.: ,,"'- Z C UJ --.1 -< f'" <- ;? " ~. C:- Z 5"~ c.: , ~= - , .L c , ,- .< en -, ~ ~c:() .~ ~ "''''-'''"''''~'<.~-~..=, .. " ,~~,g" ",_I ",o,_"~",",,.,._,_~,~~ -. -' ',~ = ~. ,'~~_.", ~iII .........J ~ ~~ .,j " - """,,.,X'__' 'i4l>li~'-":ii~~,! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL 1. MIZERAK and DEBRA MIZERAK, : husband and wife, Defendants. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co., et al am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. ~. . . . . LoUl . V ltt!, EsqUire Attorney for Plaintiff SWORN to and subscribed before me this 15th day of January, 2002. - .._~-----_..-- 'ut-he . i'q:"r)er'~1 ~ 1>, ;, .~-;:;'ir\,,' ..........__....~~., ". ,,':_'.\ ., ,._,.....'.-~.,.. -,~...<.." ~?, ',' ~ ' :iill~'::f (<lli.~~~,!l~EtJiWll[$iii1.:u;m;g-:;"t"i;"i'~,",_l"'~c>-i'i;"~j~.f," _ . -",; ff,'j'';('''U,,~U.~ii<~l''0'.,i.~.'bliiil~~~~''"'' ;.,....>Iillii<___~~~~j.!t.!it~_~llI~.iL~[ tf~ . ,..~~ - ~ "",".,-..;r.,~."~,.~",-" ~_.1 .,."" "'-"~' ,,< "",,", . e".' "'~"" LO'~d' .~ I ' ""):11 -"ll~ ,~., . ~llli.i{ ~ ' --. ~/ 0 ,-=l C r......:.' <:-" --. 'L' i5-' rn f::- Z Z(: ~:;~'- <~ r::::;:.C) -0 "" ."') Z~~; >c r:- -- Z ::-::-' :~ CT, :Q -<. ,,' ~ ~'~"" ., ~--, ~~~'. '..~.,....... .,j ; L,'f~~"- ,,', " "--,;~,~..,,,',', -"';;'->t~1~,;i . NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO IPENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michaell Mizerak II Midland Drive Mt. Holly Springs, P A 17065 Debra Mizerak 58 S pring Garden Estates 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 Michaell Mizerak and Debra Mizerak are owners or reputed owners: S. Middleton Twp, Cumberland Cty & Cmwlth ofPA. HET a dwg k/a 207 Oak Drive, Mount Holly Springs, PA 17065. Parcel #40-30-2644-061. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Michael J. Mizerak and Debra Mizerak at No. 01-6561 Civil Term in the amount of $122,423.96. 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 ofthe 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. ~- - ,,"- "j'""'~"'kl;' . YOU SHOULD TAKJE 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 ofthe 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 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. Z57~fl11' 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.** ~~~'tfucfd'J!'l1\'N!L\,1j;J')lf~SO\" -I', '~,;", 'f.c*o"':""'_' .'" ;"-M.',4,A",,,,:4~~~m____.~!!l<tM.'~A'!R~:'1::,&..Q. ~~. .>. ~~~ .=~ ~ 'hllj!_li '~""'.irlii o c ~~~ 92 f~~, -----;r- ~~" r:o 1:~ z ).; ~, ..< ':-g.':HIl.AJiiil 11Im, A C) 1"_) '-- -~ .---; --,:j "',,", -' V\~ UI~ , ~ -",~.,,, <, , ,,:v"' ,'i- "-"+. - ,"'." -';'';P ",),''-''''~--=' ,.~f;,:,~,;",'C',5'"",,~>' "~'~<0-c,:" """~"[~~~(~~! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATIONAL CITY MORTGAGE CO., assignee ofPNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION No. 01-6561 CIVIL TERM AFFIDAVIT OF SERVICE Plaintiff, vs. Code MORTGAGE FORECLOSURE MICHAEL 1. MIZERAK and DEBRA MIZERAK, husband and wife, Filed on behalf of Plaintiff Counsel of record for this party: Defendants. Louis P. Vitti, Esquire PA!.D. #3810 Supreme Court #0 I 072 Louis P. Vitti & Assoc., P,C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 " . " '", ,~ l '. -'~'. ~" '''-'".- ':;1' ,,~., d ^'.., 'l'~";;;;;-o;,":;;ck,,-:,,',t;, >".., ""_'}';"~';'~,.."~I,'_',, :.. 0";'..)- ,~ti; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL]' MIZERAK and DEBRA MIZERAK, : husband and wife, Defendants. AFFIDAVIT OF SERVICE I, Audra], Hunger, do hereby certify that a Notice of Sale was mailed and served upon the defendant Michael], Mizerak by certified mail on January 24, 2002 and on Debra Mizerak by certified mail on January 25, 2002 and all lien holders by Certificate ofMaiJing for service in the above-captioned case on January 22, 2002, advising them of the Sheriffs sale of the property at 207 Oak Drive, Mt. Holly Springs, P A 17065, on June 5, 2002. LOUIS P. VITTI & ASSOCIATES, P.C. BydJUI;A~-1{~ Audra ], Hu r SWORN to and subscribed before me this 7th day of May, 2002. NOTARIAL SEAL LOIS A. EVANGEUSTA. NOTARY PUBUC SBURGH. ALLEGHENY COUNTY N EXPIRES OCTOBER 17, 2005 , '"1111 IIr ~-=--_. --,--- _4575 129C! 3915 _;),_8 7 <.QX'es ~ R~tricteg,Qglfivery? (Extra Fee) ;;i. ArtIcle Addressed to; - ~ - ~ f-ti.-c~~,"'~ Ni~\!~(ak 1~ Nidl~ ~.iv~ Nt. Hol1f Spri\"li>S, PA 1 i%~ .~< ~"- _ I ~ ~ ~ 0= ~ -~ ,,'~,",....,.,.- . - '~-,,~ :-~ ... ;~:':;JlY -"T""'~' ,_...,.,.'-r"7."""''''';:~'''''''''~- Domestic Return Receipt ~s Form tsfh r, JUlJ~~~Qdo 1 : :n i lJ'w\'frq1ffm-Pl-p~ " j 1 . -' " ,', --- -: - " j" -;' ,- ~ - "--: " ;;.. fT"' II JlIU~ ---- ~ .-- .......... ~1'lD6 4S7,s, :l?92, 3915. 8 .4. ~ ?enif,~' type CEAll~IE~ ~11L ,'<.,,!>.....--~'.,- ~., Restricted Delivery? (Extra Fee) ~ ftlcJe Addressed tQ; " ....-,;" ",-, "., . ~. ",--. .-.'" tJ y~~ _~_~ -~ ~-,:;': ; ~~:~.,,"""'~ ~:"'_'"'!:''''' ~1.:::::;::;";:i~ -- --~.-' 5:-'-::-If".g ~::!trt~cn;., !,'!~tate.:,~ '~:rL~~l~. FA 17012 ~--- r-Ps Form 3811,_June~~OO .,.~" ,____ Ii i 11 'I i P :I!.JMfft'4'EiI~:r9~t_~i =_'~~;'-''i'"'' .~ , :;< D. J d ry address different from 116m 11\ If YES" entar delivery address beJoIN: . - ~', ".._._,~,I A "i!;If..'<t-"- ,."t"_ .............. ~ j Domestic Return Recefpt ~.:.:-~~,~",~,,'.'- ~~--",~,...,. .- ,-~~- -~. . ~ I'" " '~~"'" .L .~ ~",,' J~"......,_..,.~ _..< AfFix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current feel. One piece of ordinary mail addressed to: Tenant/Occupant 207 Oak Drive Mr. Holly Springs, PA 17065 PS Form 3817, Mar. 1989 A.J./Mizerak/06-05-02 Received From: '0'"'' P VI ;1 "Jl "-'- \~ ,,) " U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIO~MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER "to<" > ~b7:. '* . I PITTSRURGH p.lrf~ffiPA (412) 281-1725 One piece of ordinary mail addressed to: Harrisbur PS Form 3817, Mar. 1989 17128-1230 A.J./Mizerak/06-05-02 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNAT10N~'L, DOES NOT PROVIDE FOR INSURANCE POSTMASTER ~\>' ...~t Received From: '* * * g- LOUIS P. VITTIo&. ASS Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current 413~5 2 02 5219 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 ./Mizerka/06-05-02 ~~I<l'''~'~__''''''I'I'JUf~;''\@lO.~k~.',:1 . ~ " ..~~ -.. '._-11' ~_illIllOi!lItl- ,. ~,.. I, L...,_ It..........~~o~,b,,',,~:r.'--'.jJ,', Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current (412) 281-1725 One piece of ordinary mail addressed to: ,<-'O~~ ~~) \":\ One Courthouse S uare ' ~~~.5;' Carlisle PA 17013 '" US PS Form 3817. Mar. 1989 A.J./Mizerak/06-05-02 Clerk of Courts ~iminal/Civil Division U.S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl,. MAtl, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER _~~~,1- Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current Re"'V'dLm:ns p. V1"@I &*At~~6 541 3 ~ 916,"1fT1".Q@~~50 H.N 22 02 PITTSElllA\:3H~rp'A~ 1 5 2 1 9 (412) 281-1725 One piece"of ordinary mait addressed to: Corrnnonwealth of PA - DPW P.O. Box 8016 Harrisburg, PA 17105 PS Form 3817, Mar. 1989 A.J./Mizerak/06-0S-02 .5. POSTAL SERVICE C RTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND iNTERNATIONAL MAil, DOES NOT PROVIDE FOR INSUflANCE POSTMASTEfl ~t:081 Received From: * * *~- LOUIS P. ViTI\?& ASS- 916 Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current B86 4135 AN 22 02 5219 p, 412 281-1725 One piece of ordinary mait addressed to: S. Middletown Municipal Author. P.O. Box 8 s PA 17007 PS Form 3817, Mar. 1989 A.J./Mizerak/06-05-02 "'~' , . " . . I ~~ ~ ''-8L~'.",J.;ii~~,',; ~ """"'ill.>j~ ' -~ ........,~,~ ~ , U,S, POSTAL ERVICE C. '; ,!It - ,iii.:', Affix fee here in stamps MAY BE USED FOR DOMESTiC AND tNTERNATl01\IAl MAil. DOES NOT or meter postage and PROVIDE FOR INSURANCE-POSTMASTER ~~ post mark, Inquire of Postmaster for current Rece;v"l{jDIS P. VITIJ ~ AS(~ 65" 1 3 5 01 Gffllf.1lll ,,'0Du.Jl5 0 JA N 2 2 0 2 PITTSB~AeH. !"A"I'@!'W'A 1 5 2 1 9 (412) 281-1725 One piece of ordinary mail addressed to: - ~()Uf\rl/ X- /:-~ '1... ~/ \;~'" \" ~ "", !:-~ . ~'\ }.... ~ 't~'~~)' '.Ifla ~sy Tax Collector of S. Middletown Twp. 20 Buckthorn Drive Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J.;Mizerak/06-0S-02 One piece of ordinary mail addressed to: E-Mortgage, Inc. 160 W. Market Street Yo rk, PA 17401 PS Form 3817, Mar. 1989 A.J./Mizerak/06-0S-02 U.S. POSTAL SERViCE CERTifiCATE OF MAilING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER ~~POfu. Received From: * * * t1~l~- i i"; 1\::; p Vl11'1!I t AS .86 " .. . N 916 Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current r!~" '-' ~ ' '.812\ 281-1725 One piece of ordinary mail addressed to: PSB Lending Corp. C~rl~~n, CA Q700R PS Form 3817. Mar. 1989 A.J./Mizerak/06-0S-02 , '" , . _..' <<""""=~ ~'.' ".$ihJilll'''I.Wii':ullill"l1ilti!''.>#1\IMlk',~'';''~' 1&' , dj;!'~'~'~~~_~.ffiM~~,,~~m~~'i~I~~ijlr"-~'~liitl:tl,'i"';,,,.,,^'''ic. .;90"0" i">S" -"- _ . " "~,w~ _'" "-' '.:""~'/' i';"'~_'H_: '""~'--'J;';;;;'''''''''''K:~Ajillliiiii~,~.iiilj ~ c- liJ'. CP 2 G {1 ( C r t ~ >.) -0 CD - ...,.... ~S'J F'~ I" ~~ c. 'f" ~ ,?. - ,<0 0 1 :2'0 ;T"' 20 ~ 7? )>C ~ ~ oJ ( ~ ~<,-=.- """,'--- . . . . ts BH ~,~~ ;J'Hi!III ~ ~ ~, . ~~~~ ---"'''',"", STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler 1,____________________________________________________-.________________________Fleco.dero( Deeds in and for said County and Slate do 'herdly certify that the Sheriff's Deed in which ________________ Secretary of Veterans Affairs . --------------------------- .-------------------- -___________________________________ is the grantee the same having been sold to said grantee on the ____.?_~l:.!_______________________n________n____ day of 2002 _____, under and by virtue of a writ______________ 17th Execution . ___________________________________________n___ISSUed on the _____________________________________ June ~ ________________________________________ A. D., ' 2002 , day of ____.['!;!!~~2'.x______________ A. D., _____, out of the Court of Cornman Pleas of said County as of Civil 2001 ----------~~~-;---------------..------- ----~_,;_;~~~~i--ci~;--M t~--c~-;-s-;;:g;;~-.;-oT l~gnMt g 'corp- 0 f Arne r i c a Number ______________, at the suit of ____________________________________________________________n_ Michael J Mizerak & Debra ________________ __ _____________ ____ against_ __ _____ _____ __ ______.;::.::_____ ______ _ _ ____ ________ __ _ is 252 1568 duly m:o.ded in Sheriffs Deed Book No. ____________, Page ____________. IN TESTIMONY WHEREOF, I have hereunto -Ii-- set m/1and and seal of said office this _Q?f.______ day of rlf------/ii;-- T .., ..2@~ ff-tJ--<"$. --.-- - .--------- / Iirli'a' . . " 1_- "'~ << J ~~"-'''''-Y '~~'~;';:"".<-,<_1,'~ '-;':',~'" ~'t~i National City Mortgage Co., assignee OfPNC Mortgage Corp. of America VS Michael J. Mizerak and Debra Mizerak In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6561 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 26, 2002 at 9:25 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: Michael J. Mizerak, by making known unto Michael J. Mizerak personally, at 11 Midland Drive, Mount Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Debra Mizetak, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description as NOT FOUND, to defendant, Debra Mizerak. The house located at 58 Spring Garden Estates, Carlisle, PAis empty and listed for sale by a realty company. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Debra Mizerak, to her last known address of 58 Spring Garden Estates, Carlisle, PA 17013. This letter was mailed under the date of April 17, 2002. The unopened letter was returned to the Sheriffs Office on May 6,2002 with reason checked "unclaimed." Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 3:06 o'clock P.M., E.S.T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael J. Mizerak and Debra Mizerak located at 207 Oak Drive, Mt. Holly Springs, Pennsylvania, according to law. 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 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for Secretary of Veterans Affairs. It being the highest bid and best price received for the same, Secretary of Veterans Affairs of 1240 E. Ninth Street, Cleveland, OH 44199, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $797.22, it being costs. Sheriff s Costs: Docketing Poundage Posting Bills $30.00 15.63 15.00 ~~ ~ ~. ~=.,~"~ "-~~~~~ Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed . "'"- 15.00 30.00 10.00 .50 1.00 6.90 9.09 15.00 30.00 307.25 232.15 25.20 25.00 29.50 $797.22 paid by attorney 06-19-2002 J ,^," """"""~,;,:, Sworn and subscribed to before me So answers: This .lS~dayof ~ r:~ :..,t: ~"" Cb -. R Thomas K1me, sheriff.. . 2002, A.D. ~~,. (),~.~ I ~ J --'/ . rothonotary .' BY vO ~ , Real Estate eputy ~~ - 0 i;V .3 . sV ,. (k. 3('1n ~ /;;'~l..v(, 0';: -I "" ~"' ",,","',',' -,;," "" ',,,~-~:' ,~.l~i"""::;;,~,, ";:,~"'o"'~'" :,~,'~..,::_';' '_'o"~'~-' '.".'L " '''';'..;",~;~~~i _ r . -~" , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL 1. MIZERAK and DEBRA MIZERAK, : husband and wife, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the fol1owing information concerning the real property located at 207 Oak Drive, Mount Hol1y Springs, P A 17065. L Name and address ofOwner(s) or Reputed Owner(s): Nanle: Address (Please indicate if this cannot be reasonably ascertained) Michael 1. Mizerak II Midland Drive Mt Hol1y Springs, PA 17065 Debra Mizerak 58 Spring Garden Estates Carlisle, P A 17013 2. Name and address of Defendant(s) in the judgment: Nanle: Address (Please indicate if this cannot be reasonably ascertained) Sanle 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: Nanle: Address (Please indicate if this cannot be reasonably ascertained) None ~ I ,"'-'>" "" , , '-' -", ""-"> C' ,'I ~"' ""__<.C,,,d',';', '-'--'., , r-' ,-, ,~: '-"'~~, '. . 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) E-Mortgage, Inc. 160 W. Market Street York, PA 17401 PSB Lending Corp. 1950 Camino Vida RosIe Carlsbad, CA 92008 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 ofS. Middletown Twp. 20 Buckthorn Drive Carlisle, PA 17013 S. Middletown Municipal Author. P.O. Box 8 Boiling Springs, P A 17007 Commonwealth ofPA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Crimina1/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 " ",',,-~,'. '" "',,:- ~ ~ ~j! . , . ' Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 207 Oak Drive Mount Holly Springs, P A 17065 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 15.2002 Date ~~J1Jr' Louis P. Vitti, Esqmre Attorney for Plaintiff SWORN TO and subscribed before me this 15th day of January, 2002. , l'. ,,( I' .. i ., .Ann M. b,.,., ' (,.le{l; 1)iJblic I l City of Pitt,/), ,.' 'U! ,',j,li~gheny " WyCommlS~!':.;' ",...." ,~,..I..:lJ. ':'1, 200<1, ~ .- -<"''''''''.'-''''-'''''''''--~ .._."~- '$ H'.,_ ~!lilIi\,'k>1ti>"-'St;;;tto': "., .. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michael J. Mizerak II Midland Drive Mt Holly Springs, P A 17065 Debra Mizerak 58 Spring Garden Estates Carlisle, P A 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 Michael 1. Mizerak and Debra Mizerak are owners or reputed owners: S. Middleton Twp, Cumberland Cty & Cmwlth ofPA. HET a dwg k/a 207 Oak Drive, Mount Holly Springs, PA 17065. Parcel #40-30-2644-061. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Michael J. Mizerak and Debra Mizerak at No. 01-6561 Civil Term in the amount of$122,423.96. 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. "~~"~~.~~-' ,~-~ IiJ ~"M C~~'~ c 'I, - ;to, " "-~"",""",,~--'='>"J';'",<.i~'"L~j, - , '. 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 ofthe 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 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. Z57~ftJ1' 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.** "~ - ,~, ~" - ,~ ,I ,.1,_ '~:.f-~j~",,-W",~,,) > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of : PNC MORTGAGE CORP. OF AMERICA, NO. 01-6561 CIVIL TERM Plaintiff, vs. MICHAEL 1. MIZERAK and DEBRA MIZERAK, : husband and wife, Defendants. LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Western line of Oak Drive, which point is at the line of Lot No. 64 on the hereinafter Plan of Lots; thence along Lot No. 64, South 65 degrees 50 minutes West 150 feet to a point in line of lands now or formerly of Lester E. Dumm; thence by the latter, North 24 degrees 10 minutes West 105 feet to a point at line of Lot No. 42; thence along the latter, North 65 degrees 50 minutes East ISO feet to a point on the Western line of Oak Drive; thence along the latter, South 24 degrees 10 minutes East 105 feet to a point at Lot No. 64, the place of beginning. BEING Lot No. 43 on the Revised Plan of Lot No. 2 of Pine Road Heights, dated February 8, 1965, which Plan is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page. 51. PARCEL NO. 40-30-2644-061. HAVING erected thereon a dwelling known as 207 Oak Drive, Mount Holly Springs, PA 17065. BEING the same premises which Charles C. Awkerman and Mary H. Awkerman, his wife, by deed dated 08/2111991 and recorded on 08/23/1991 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume G35, page 1013, granted and conveyed unto Michael J. Mizerak and Debra Mizerak, his wife. - '''~~= ~...,-~ ~~ ,",,'~~ ~""...",,~,~ .' j'~- I~ ' ~ L. L, i!iilllIiiIl'. V"~~l'''k,~".i'l:;A'N'',i;~'''~ WRIT OF EXECUTioN and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6561 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cmnberland COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., ASSIGNEE OF PNC MORTGAGE CORP. OF AMERICA, PLANTIFF(S) From MICHAEL J. MIZERAK, II MIDLAND DRIVE, MT. HOLLY SPRINGS, P A 17065 AND DEBRAMIZERAK, 58 SPRING GARDEN ESTATES, CARLISLE, PA 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 to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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. Antount Due $122,423.96 Interest 1/16/02 -06/05/02 $2,977.22 L.L. $.50 Atty's Comrn % Due Prothy $ LOO Other Costs Atty Paid $125.75 Plaintiff Paid Date: JANUARY 17,2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name LOUIS P VITII, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ill No. 3810 ~ ~~~p _ [} ~/?A" r:DP(j ;"","0,.<"" .;0" ,,,,,,,'i~;;:,,~W.~~~.u*;iliii~'HI,,t:!;>i'bs.-;';;!!WO>!~>MWig(j,2lfBit*.iW,"';!;,\lN~~~:<1;~ol!Wtm!~<;;;M;i>>l~~- - REJ.\l EST ATE SALE No. 5 On February 5,2002, the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered as 207 Oak Drive, Mount Holly Springs, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 5, 2002 By: Joc1.t J~ Real Estate Deputy .1 ' {' \.i >J -, d "\.f\ U'd 1\ ,,.', ,OJ t\ r,.::J , < 1\'~ ' 'L(' l!}, :: SO \ \ III HVr ),1" ". ;"i:l~ "!,",'::';, ",;'Jlj~O J 'I" ",,,,,',," ..' ~.:J u.,r." -' ,.' ~,~,-- .. ~ _ ,.~ ,",~ m n_"' .". ,~ =k"'.""""'7, _ "~ "'" ~ ~ ~ G:e> tiVi ~=""ID>,~~ ~ ~~ ""-~ ' > .. ,--- ,I,," " . ~, ~ ~ - ,,~- .'--''1'ililiIi. ._'"",~,-;, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 ot Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 duiy 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 S ALE #5 ~~,.,M"h""h""""""""""""""""""'". S rn 0 an- su sc s 7th day 2 A.D. Notarial Seal . / " ./ ~ Teny L. AUSS~I, Notary Pub"c . "A ~ ( Herrisburg, Dauphin County My Comn>isslon Expires June 6, 2002 NOT RY PUBLIC Member, Pennsytvania Assooiation of Nota CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 230.40 1.75 232.15 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ~.'.AE.i.L -e$iiTESAU: No:S-' ~.. ~.WrffNo.2001-6561 . ...~ ~-,=-=--,=-'-= Civil Term -~. Natronlll City Mortgage Co., assignee of PNC Mortgage . Corp. of Am.rica v. Mich..' J. MIz.rek and Debre Mlzerak -Ally: Louis P. Vitti i.DESCR1Pl10N .ALL, that ~R.,tratt of land with the ~. .p~vemeDts thc~n p'CCted situate ill South ~Mlddletoll Township, Cumberland County, !E!mnsytvaniabounded and descn1>ed as follows: ::UEGlNNlNG at a point on the Western line of ....Qak Drive, which point is at the line of Lot No, ~gonthe hereinafter Plan of Lots;.thence along ~ J.o.tfto. 64, $ogth 65. gegrees 50 minu{~ West ~U.o_f~! ,to a ,point in_line of lands now or !"f6inierly of Lester E. D!JmIn; thence by the latter, ~24 degrees 10 minutes West 105 feet to a ,point arline of Lot No. 42; thence along the ~atter, North 65 degrees 50 minutes East 150 feet ~0'_a_ point og the Western line of Oak Drive; ~t1ience, along the latter, South 24 degrees 10 ,~li.utcfEiiSt 105 feet to a point at Lot No. 64, &.!htelaceofBEG1NNING, ~ING Lot No. 43. on the Revised Plan of Lot . ~ ,,0. 2 of Pine Road Heights, cfuted February 8, ~Q5~ which Plan is reoorded in the Office of the :Recorder of Deeds for Cumberland County in ..Plan.Book 16, Page 51. ~ARCjJLNO,4{).3{}.2644-.o61. ~VING erected thereon a dwelling known as ~07~03.k;.Pri,ve. Mo,unt Holly Springs, PA 17065. ra~qthe same premises which Charles C. ~wJs<<rnan 81Id 1I1ary H. Awkerman, his wife, by Beoooated 08J2111991 and recorded on 08123/ - WUOihe Cumberland County, Pennsylvania, ;:Re!:.order of Deeds Office in Deed Book Volume ~~~ page _1013, granted and cooveyed unto ~c,h~~._~P;erakW1d~~mM~4iS~lf~.=_ i!a~'=~" I , .,J -~'-M . ~'~.ti1:;,'> PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. LJ 784 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 Jouroal, 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 ofthe said Cumberland Law Journal on the following dates, VIZ: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Jouroal, 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. ~tM SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 , N LOIS E. SNYDER. Nolary PublIc CllrIlsle Boro. Cumilllrland County My Corr.misaion Expiles March 5, 2005 , "~ - ~ REAL ESTATE SALE NO. 5 Writ No, 2001-6561 Civil National City Mortgage Co.. assignee of PNC Mortgage Corp. of America vs. Michael J. Mizerak and Debra Mizerak Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in South Middleton Town- ship. Cwnberland County, Pennsyl- vania. bounded and described as follows: BEGINNING at a .polnt on.the Western line of Oak Drive, which point is at the line of Lot No. 64 on the hereinafter Plan of Lots; thence along Lot No. 64, South 65 degrees 50 minutes West 150 feet to a point in line of lands now or formerly of Lester E. Dumm: thence by the !at- ter. North 24 degrees 10 minutes West 105 feet to a point at line of Lot No. 42: thence along the latter. North 65 degrees 50 minutes East 150 feet to a point on the Western line of Oak Drive; thence along the latter. South 24 degrees 10 minutes East 105 feet to a point at Lot No. 64. the place of beginning. BEiNG Lot No. 43 on the Revised Plan of Lot No. 2 of Pine Road HeIghts. dated February 8. 1965. which Plan is recorded in the Of- fice of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 51. PARCEL NO. 40-30-2644-061. HAVING erected thereon a dwell- ing known as 207 Oak Drive, Mount Holly Springs, PA \7065. BEING the same premises which Charles C. Awkerman and Mary H. Awkerman. his wife. by deed dated 08/21/1991 and recorded on 08/ 23/1991 In the Cumberland Coun- ty. Pennsylvania, Recorder of Deeds Office in Deed Book Volume G35i page 1013, granted and conveyed unto Michael J. Mizerak and Debra Mizerak, hIs wtfe. .j -"i.-;. -~,,,-', - .',~ ~:;~' '-"