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HomeMy WebLinkAbout03-3091IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, CIVIL DIVISION No. COMPLAINT IN MORTGAGE FO~CLOSU~ VS. JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 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 COMPLAINT IN MORTGAGE FORECLOSURE 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: 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, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 20921 Sterling Bay Lane East, Apt. D, Cornelius, NC 28031. The property address is 9 West Keller Street, Mechanicsburg, PA 17055 and is the subject of this action. 3. On the 24th day of July, 2002, in consideration of a loan of One Hundred Nine Thousand, Three Hundred Thirty-Four and No/100 ($109,334.00) Dollars made by National City Mortgage Co., an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Co., as mortgagee, which mortgage was recorded on the 14th day of August, 2002, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1768, page 1782. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: (See Exhibit "A" attached hereto.) 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since February 1, 2003, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Twenty-Three Thousand, Four Hundred Ninety- Seven and 31/100 Dollars ($123,497.31) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. Louis P. Vitti, Esquire Attorney for Plaintiff Gibbs, John D. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest ~ 7.5000% from (Plus $22.3815 per day after Late charges through 6/27/2003 0 months ~ 37.37 Accumulated beforehand (Plus $37.37 onthe 17thdayofeachmonth after Attorney's fee Escrow deficit 01/01/03 through 6/30/2003 6/30/2003 ) 6/27/2003 ) (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriffas charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 108,923.19 4,028.67 112.11 5,446.16 4,987.18 123,497.31 EXHIBIT" l " · 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 unswom 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: June 27, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO. CIVIL DIVISION NO. 03-3091 Civil Term Plaintiff, VS. PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Code - MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. NO. 03-3091 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY: KINDLY reinstate the Complaint in the above-captioned matter. Respectfully submitted, LOUIS P. VITTI AND AS~©CIATES, P.C. Lou~s P. Vitti, Esquire Attorney for Plaintiff DATE: July 31,2003 SHERIFF'S RETURN CASE NO: 2003-03091 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND NATIONAL CITY MORTGAGE CO VS GIBBS JOHN D ET AL R. Thomas Kline duly sworn according to inquiry for the within named DEFENDANT GIBBS JOHN D unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being law, says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 9 WEST KELLER STREET MECHANCISBURG, PA 17055 , GIBBS JOHN D , NOT FOUND , as to DEFENDANT'S NEW ADDRESS IS 20921 STERLING DAY LANE EAST APT D CORNELIUS, NC 28031. 9 W. KELLER ST IS VACANT. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 Soa R. Thomas Kline Sheriff of Cumberland County LOUIS VITTI 07/14/2003 Sworn and subscribed to before me this /~ ~ day of J0m,~ A.D. Prot~h~not ary SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03091 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS GIBBS JOHN D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT GIBBS WENDY L unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , GIBBS WENDY L , NOT FOUND 9 WEST KELLER STREET MECHANICSBURG, PA 17055 DEFENDANT'S NEW ADDRESS APT D CORNELIUS, NC 28031. IS 20921 STERLING BAY LANE EAST 9 WEST KELLER ST IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 SO answer~s_?~~~~~ -~ ~ R. Thomas Klin~ Sheriff of Cumberland County LOUIS VITTI 07/14/2003 Sworn and subscribed to before me this /5 ~ day of ~6R~ A.D. · as to · Complete items 1, 2, and 3. Nso complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the cerd to you. · Attach this card to the Pack of the mailpiece, or on the front if space permits. 1, Article ~ldressed to: John D. Gibbs 20921 Sterling Bay Lane East Apt D Cornelius, NC 28031 A. Signet re [;3 Addressee D. Is delivery.~dd~ess different flora item 1 ? r'l yes If YES, enter delivery address below: i-I No 3. Service Type ~ Ce~ifled Mail - [] Express Mall [] Registered [] Return Receipt for Memhandise [] In~ured Mail [] C.O,D. 4. Res~cted Delivery? (Extra Fee) [] Yes 7002 2410 0007 8506 2693 PS Form 3811, AuguSt 2001 Domestic Return Recai~ 03-3091 civ SHERIFF'S RETURN - UiS. CASE NO: 2003-03091 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS. GIBBS JOHN D ET AL CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,GIBBS JOHN D , prepaid, on the 3rd day of July 20921 STERLING BAY I2~NE EAST APT D CORNELIUS, NC 28031 and attested copy of the attached COMPLAINT with receipt card was signed by WENDY GIBBS 07/05/2003 Additional Comments: by United States Certified Mail postage ,2003 at 0000:00 HOURS at - MORT FORE a true Together The returned on Sheriff's Costs: Docketing 6 Service 4 Affidavit Surcharge 10 20 00 65 00 00 00 65 Paid by LOUIS VITTI Sworn and subscrib~ to before me this /6~ day of ~./.~.. · Pgo~honotary Sheriff of Cumberland County on 07/14/2003 · Complete items 1, 2, and 3. Atso complete item 4 if Restricted D~livery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this ca~ to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2092]. SterlLncj My [ane .F--4~ cornelius, NC 28031 .3. Service Type · 1 Certified Malt [] Expr~e Mail 7002 2410 0007 8506 2686 03-3091 civ PS From 3811, August 2001 Domestic Return Receipt 102596~2-M-1035 SHERIFF'S RETURN CASE NO: 2003-03091 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS. GIBBS JOHN D ET AL - U:S. CERTIFIED MAIL R. Thomas Kline County, Pennsylvania, within named DEFENDANT prepaid, on the 3rd day of 20921 STERLING BAY LANE EAST APT D CORNELIUS, NC 28031 and attested copy of the attached COMPLAINT - with , Sheriff of Cumberland who being duly sworn according to law served the ,GIBBS WENDY L , by United States Certified Mail postage July ,2003 at 0000:00 HOURS, at receipt card was signed by WENDY GIBBS 07/05/2003 Additional Comments: MORT FORE , a true Together The returned on Sheriff's Costs: Docketing 6.00 Service 4.65 Affidavit .00 Surcharge 10.00 .00 20.65 Paid by LOUIS VITTI Sworn and subscribed to before me this /~ ~ day of ~/~· notary ~ ~: J J J_ /~-~-/ Sheriff of Cumberland County on 07/14/2003 SHERIFF'S RETURi~ - CASE NO: 2003-03091 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS. GIBBS JOHN D ET AL U:S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,GIBBS JOHN D , prepaid, on the 5th day of August 20921 STERLING BAY LANE EAST APT D CORNELIUS, NC 28031 and attested copy of the attached COMPLAINT with receipt card was signed by 00/00/0000 by United States Certified Mail postage ,2003 at 0000:00 HOURS, at - MORT FORE The Additional Comments: COMPLAINT WAS MAILED CERTIFIED MAIL RESTRICTED DELIVERY. COMPLAINT WAS RETURNED AS "UNCLAIMED". Additional Comments 00 00 00 00 00 00 Sheriff's Costs: Docketing Service Affidavit Surcharge , a true Together returned on So . R Thomas Kline Sheriff of Cumberland County Paid by LOUIS VITTI Sworn and subscribe~l to before this /~ ~--- day of _~,/~~ ~ A.D. me on 09/04/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION Plaintiff, NO. 03-3091 Civil Term VS. JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. MOTION FOR SPECIAL SERVICE Code - MORTGAGE FORECLOSURE Filed on behalfof Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 412-281-17'25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NOTICE TO: John D. Gibbs 20921 Sterling Bay Lane East, Apt. D Cornelius, NC 28031 Take notice that the within Motion for Special Service pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure will be presented before the Motions Judge, Cumberland County, Pennsylvania, as unopposed unless a responsive pleading is filed. LOUIS P. VITTI & ASSOC., P.C. Louis P. Vitti, Esquire Attorney for Plaintiff CERTIFICATION I hereby certify that a tree and correct copy of the within Motion was mailed to the Defendant at the above address on the 10th day of October, 2003. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. NO. 03-3091 Civil Term MOTION FOR SPECIAL SERVICE PURSUANT TO RULE 430 AND THE PENNSYLVANIA RULES OF CIVIL PROCEDURE 400. ET SEQ, NOW comes the Plaintiffby and through their attorneys, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, and files this motion requesting this Honorable Court permit service pursuant to Pennsylvania Rules of Civil Procedure 400, et seq., and particularly Rule 430 whereof the following is a statement: 1. Plaintiff did file a Complaint at the above-captioned number in mortgage foreclosure. 2. The property address is 9 West Keller Street, Mechanicsburg, PA 17055, and is the subject of this action. 3. The Sheriff did attempt to make service, but has been unable to serve the Defendant, JOHN D. GIBBS. See Exhibit "A". 4. A postal verification was ordered and the postal authority indicated that the Defendant's last known address was 20921 Sterling Bay Lane East, Apt. D, Cornelius, NC 28031, Effective 6/14/02. See Exhibit "B". 5. Efforts to effectuate service by the Sheriff have met without success and service has been frustrated requiring presentation of this Motion. WHEREFORE, Plaintiff prays this Honorable Court enter an Order permitting service by ordinary mail to Defendant's last known address and also by posting the property by the Sheriff. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. Louis P~JVitti, Esquire Attorney for Plaintiff -,SHERIFF' S RETURN - NOT FO;~r~ CASE NO: 2003-03091 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS GIBBS JOHN D ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT GIBBS JOHN D ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Him COMPLAINT - MORT FORE __ in his bailiwick. He therefore returns the , NOT FOUND , as to! the within named DEFENDANT , GIBBS JOHN D 9 WEST KELLER STREET MECHAi~CISBURG, PA 17055 DEFENDANT,S NEW ADDRESS IS 20921 STERLING DAY LANE EAST APT D CORNELIUS, NC 28031. 9 W. KEIJ,~W~ ST IS VACANT. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 R. Thomas Kline Sheriff of Cumberland County LOUIS VITTI 07/14/2003 sworn 'and subscribed to before me this day of EXHIBIT" Prothonotary SHEH?-~F ' S RETURN - CASE NO: 2003-03091 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS. GIBBS JOHN D ET AL CERTI FIF--r~ MAIL R. Thomas Kline County, Pennsylvania, within named DEFENI)ANT ,GIBBS JOHN D by United States Certified Mail posta! prepaid, on the 5th day of August 72003 at 00~0:00 HOURS, 20921 STERLING BAY LANE EAST APT D COR/~ELIUS, NC 28031 , Sheriff of Cumberland who being duly sworn according to law served the ~e and attested copy of the attached COMPLAINT - MORT FORE with receipt card was signed by 00/00/0000 , a true Together The returned on Additional Comments: COMPLAINT WAS MAILED CERTIFIED MAIL RESTRICTED DELIVERY. COMPLAINT WAS RETURNED AS "UNCLAIMED". Additional Comments Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sheriff of Cumberland County Paid by LOUIS VITTI Sworn and subscribed to before me this day of A.D. on 09/04/2003 -¥HliBiT,,.~, Prothonotary LOUIS P. VITTI & ASSOCIATES, P~C. 916 Fifth Avenue Pittsburgh, PA 15219 PHONE: (412) 281-1725 FAX: (412) 281-3810 DATE: SePtember 8. 200,3 POSTMASTER MECHANICSBURG. PA 17055 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: John D, Gibbs Address: 9 West Keller Street. Mechanicsbur~. PA 17055 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for orovidin(~ chanqeofaddress information is waived in accordance with 39 CFR 265.61'd~¢1} and 1'2} and corresoondin¢~ Adminis{ta[ive Sup°o, I, Man al3 .44 an b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a parb/ acting pro se - except a corporation acting pro se must cite statute): Nlra 3. The names of all known parties to the litigation: National CIt~ Mortoaoe Co. v. John D. Gibbs and Wendy I Gibbs 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, 5. The docket or other identifying number if one has been issued: 03-3091 Civil Term 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUSMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT iN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR iMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U,S.C. SECTION 1001 ), I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. ADDRESS or BOXHOLDER'S POSTMARK Not known at address given. ~ Moved, left no forwarding address. ~ NO such address. EXHIBIT,,_t~L/~ No change of address or .1-, ~. NAME AND STREET ADDRESS IJOUIS P. VITTI & ASSOCIATES, P~C. 916 Fifth Avenue Pittsburgh, PA 15219 PHONE: (412) 281-1725 FAX: (412) 281-3810 DATE: ~2003 POSTMASTER Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: John D. Gibbs Address: 20921 Sterlina Bay Lane East. Ant. D. Cornelius. NC 28031 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). Theye i~. no fee for providing boxholder informRti~n The fee fnr orovidinn char*on of address h,~. mme..ion- * ' iS ;~.~i~,ed' in accordance with 39 CFR 265.6(d)(1) and (2) and corresDondina Admini~[i-,i.;ve SuDoo~ [ nual 3 .44a and b. 1. Capacity of requester (e.g., process server, attomey, party representing himself): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): N/A 3~ The names of all known parties to the litigation: National Citat Mortnaae Co. v. John D. Gibbs and Wendy I Gibbs 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland C0untv. P_~A 5. The docket or other identifying number if one has been issued: 03-3091 Civil Term 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITR ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certif7 that the above information is tree and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Pittsburgh, PA 15219 FOR POST OFFICE USE ONLY I'"" No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK.~. Not known at address given. ~*'~ ~,.' AND STREET Ar)DRESS Moved, left no forwardin~address. EXHIBIT" No such address. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. NO. 03-3091 Civil Term INVESTIGATION AFFIDAVIT PURSUANT TO PA.R.C.P. NO. 430 Four Star Investigation sets forth the following: 1. Affiant and/or its agents have conducted an investigation to determine the whereabouts of the Defendant, JOHN D. GIBBS, by making inquiries of or examining the following: a. Local te.~zhone directory assistance has the following information: h. Local voter registration office shows the prope~, address is: Department of Transportation - shows that the last known address for the Defendant is: 2. Notwithstanding the investigation as set forth iu this Affidavit, Affiant and/or its agents have not been able to locate the whereabouts of said Defendant as shown above and by the attached exhibits. We verify that the statements made in this Affidavit are true and correct to the best of our knowledge, information and belief. We understand that false statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. FOUR STAR INVESTIGATION BY: Investigato;~ ~ Commonwealth of Pem~sylvania SS. County of Alleg~e.~ ~.~ On this the /' day of ~"/~, 2003, before me the undersigned officer, .personally appeared the Affiant, known to me (or satisfactorily proven) to be the person whose name ~s subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. NO TARY~PUBLTC VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Motion 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 unswom 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 10, 2003 0C1 1 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. NO. 03-3091 Civil Term ORDER OF COURT NOW, this ~. e.~ day of ~ _, 2003, it appearing to the Court that the Sheriff has been frustrated in service of process, it is Ordered, Adjudged and Decreed that service of the Complaint and all subsequent documents upon all Defendants be accomplished by ordinary mail to Defendant's last known adch'ess and by posting the property by the Sheriff in order to effect compliance with Rule 400, et seq. and Rule 3129.1, et seq. BY THE COURT: / IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO. CIVIL DIVISION NO. 03-.3091 Civil Term VS. Plaintiff, PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. Code - MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS, JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. NO. 03-3091 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY: KINDLY reinstate the Complaint in the above-captioned matter. Respectfully submitted, LOUIS P. VITTI AND ASSOCIATES, P.C. ,,L/ouis P. Vitti, Esquire Attorney for Plaintiff DATE: January 12, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO. Plaintiff, CIVIL DIVISION NO. 03-3091 Civil Term AFFIDAVIT OF SERVICE VS. JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. Code - MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS, JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. NO. 03-3091 Civil Term AFFIDAVIT OF SERVICE I, Louis P. Vitti, Esquire, do hereby certify that a copy of the Order of Court and Complaint was served upon JOHN D. GIBBS by ordinary mail to Defendant's last known address on the 21st day of January, 2004 as per the Order of Court dated the 22nd day of October, 2003. The Certificate of Mailing is attached hereto as Exhibit "A". Sworn to and subscribed before me, this 21st day of January, 2004. Notary J~bli~--"~ / Netada~ Seal Ctle~ B. E~e~, Notmy Public M~, Commisaon Expires June 10, 2006 · U.S. POSTAL SERVICE CERTIFICATE OF MAILL":~ MAy BE USED FOR OOMESTJC AND INTERNATIONAL MAIL, DOES PROVIDE FOR INSURANCE POSTMASTER -- 6 FIFTH AVENUF (412) 281-1725 t.,~ 20921 Sterling Bay Lan~ ~'~a~ Apt. D Cornelius, NC 28031 PS Form 3817, January 2001 EXHIBIT"~__" SHERIFF'S RETURN - CASE NO: 2003-03091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS GIBBS JOHN D ET AL REGULAR BRYAN WARD , Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 14th day of January by handing to KELLER STREET MECH3kNICSBURG true and attested copy of COMPLAINT - MORT FORE together with says, the within COMPLAINT - MORT FORE GIBBS JOHN D DEFENDANT at 2033:00 HOURS, on the at 9 WEST KELLER STREET MECHANICSBURG, PA 17055 POSTED PROPERTY AT 9 WEST 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Posting 6.00 Surcharge 10.00 .00 40.90 Sworn and Subscribed to before me this ~/~ day of So Answers: R. Thomas Kline 01/15/2004 LOUIS VITTI By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 03-3091 Civil Term VS. Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE JOHN D. GIBBS and WENDY L. GIBBS, Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D, GIBBS and WENDY L. GIBBS, Defendants. NO: 03-3091 Civil Term PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $128,846.48, in favor of the National City Mortgage Co,, Plaintiff in the above-captioned action, against the Defendants, John D. Gibbs and Wendy L. Gibbs and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 01/01/03-02/24/04 (Plus $22.3815 per day after 02/24/04) $108,923.19 9,377.84 Late charges (Plus $37.37 per month from 06/27/03-06/09/04 $411.07) 112.11 Attorney's fee 5,446.16 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) 4.987.18 Total Amount Due $128,846.48 The real estate, which is the subject matter of the Complaint, is situate in 1st Ward, Boro of Mechanicsburg, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 9 West Keller Street, Mechanicsburg, PA 17055. ParcelNo. 16-24-0787-008. Louis P. Vitti, Esquire Attorney for the Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO,, Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, NO: 03-3091 Civil Term Defendants. CERTIFICATION OF MAILING 1, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on February 3, 2004, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITT1 & ASSOCIATES, P.C. BY: SWORN to and subscribed before me this 24th day of February, 2004. Pleasant Hills Boro. MyCommissiot Expi~es ~ :,~ ~;y28, 2[~7 Louis P. Vitti, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, husband and wife, Defendants. NO: 03~3091 Civil Term IMPORTANT NOTICE TO: John D. Gibbs Wendy L. Gibbs 20921 Sterling Day Lane East Apt. D Cornelius, NC 28031 Date of Notice: February 3, 2004 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 TH1S 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: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: LOUIS ~7~ITTI & ASSOCIATES, P.C. 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.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and tree; and insofar as they are based on information received from others, are tree 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 24th day Louis P. Vitti, Esquire of February, 2004. OCT 2003 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY, MORTGAGE CO., ) Plaintiff, ) JOHN D, GIBBS and WENDY L. GIBBS, ) husband and wife, ) Defendants. ) NO. 03-3091 Civil Term OPt.DER OF COURT NOW, this ~. z.~ day of <~'~t~.. ,2003, it appearing to the Court that the Sheriffhas been frustrated in service of process, it is Ordered, Adjudged and Decreed that service of the Complaint and all subsequent documents upon all Defendants be accomplished by ordinary mail to Defendant's last known adch'ess mhd by posting the property by the Sheriffin order to effect compliance with Rule 400, et seq. and Rule 3129.1, et seq. BY THE COURT: NATIONAL CITY MORTGAGE CO., 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 03-3091 Civil Term Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. JOHN D. GIBBS and WENDY L. GIBBS, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, Defendants. NO: 03-3091 Civil Term PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due Interest 02/25/04-06/09/04 Total $128,846.48 2.372.43 $131,218.91 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate ill: 1st Ward, Boro ofMechanicsburg, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 9 West Keller Street, Mechanicsburg, PA 17055. Parcel No. 16-24-0787-008. Louis P. Vitti, Esquire Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, Defendants. NO: 03-3091 Civil Term AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiffseeks to execute. That the Defendants' last known address is 20921 Sterling Bay Lane East, Apt. D, Cornelius, NC 28031. SWORN TO and subscribed before me this 24th day of February, 2004. Sheny L. House, Notar~ Public Pleasant Hills Bom, Alleg, heny Counly My Commission Expires January 28, 2007 IN TH~ COURT OF COM/~DN PLEAS OF CUMBERLAND CO~, pEI~NSYLVANIA PRAECIPE FOR WRIT OF ~(ECUTION ~ption: National City Mortgage Co., vs. John D. Gibbs and Wendy L. Gibbs, ( ) Confessed Judgn~nt (X) Other 03-3091 Civil Term : File No. : Amount Due $ 128,846.48 : Interest $ 2,372.43 : Atty's Cc~n : Costs IQ THE pROTHONOTARY OF THE SAID COURT: Th~ undersigned hereby certifies that the below does not arise out of a r~ta~ l inst~lln~.nt sale, contrmct, or account based on a confession of jud~nent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as ~_rc~ed; and for r~a] proper~y pursuant to Act 6 of 1974 as an~_nded. Issue writ of execution in the above matter to the Sheriff of Cumberland county, for debt, interest and costs upon the following described proper%y of the defendant(s) 3ohn D. Gibbs and Wendy L. Gibbs PLEASE SEE 'ATTACHED LEGAL DESCRIPTION PRASIC/_FE FOR A%TAf/-M~NT EXECUTION Issue writ of attac~nt to the Sheriff of County, for debt, interest and costs, as above, directing attacl~r~nt against the above-named garnishee(s) for the following prope-r~cy (if real estate, supply six copies of the description: supply fou~ copies of lengthy person~-lty and ail other property of the defendant(s) in the possession, custody or control of the said 9arni~hee(s). (Indicate) Index th/s writ against the garnishee(s) as a lis pendens ag~nst real estate of the defendant(s) described in the attached ey3libit. DATE: February 24, 2004 Print Name: Louis P. Vitti 916 Fifth Avenue Pittsburgh, PA 15219 for: Plaintiff (412) 281-1725 Tele~.o~e: LEGAL DESCRIPTION ALL that certain lot or piece of ground with the dwelling House and Outbuildings thereon erected, situate on the South side of West Keller Street (First Ward) in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: ON the North by said Keller Street; On the East by an alley; On the South by an alley; and On the West by a lot of ground now or late of Jacob Webster Estate. Having a front on said Keller Street of Twenty- Four (24) feet and a depth of said second mentioned alley of one hundred forty (140) feet. HAVING erected thereon a dwelling known as 9 West Keller Street, Mechanicsburg, PA 17055. PARCEL NO. 16-24~078%008. BEING the same premises which Timothy A. Wonder and Connie M. Wonder, husband and wife, by Deed dated 06/02/2000 and recorded 06/05/2000 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 222, Page 845, granted and conveyed unto John D. Gibbs and Wendy L. Gibbs, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3091 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From JOHN D. GIBBS AND WENDY L. GIBBS (1) 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) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $128,846.48 Interest $2,372.43 Atty's Corem % Arty Paid $225.10 Plaintiff Paid Date: FEBRUARY 26, 2004 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 3810 L,L. $.50 DueProthy $1.00 Other Costs CURTIS R. LONG Prothonot Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, NO: 03-3091 Civil Term Defendants. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co., 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. Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 24th day of February, 2004. Notary Publ ~J_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, Defendants. NO: 03-3091 Civil Term AFFID&VIT PURSUANT TO RULE 3129.1 National City Mortgage Co., Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Executinn was filed the following information concerning the mai property located at 9 West Keller Street, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) John D. Gibbs Wendy L. Gibbs 20921 Sterling Bay Lane East Apt. D Cornelius, NC 28031 2. Name and address of Defendant(s) in the judgment: Sarfle~ Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) 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: Nanle 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 Mechanicsburg Borough 605 Somerset Drive Mechanicsburg, PA 17055 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 United Water Att: Customer Service 8189 Adams Drive Hummelstown, PA 17036 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County One Courthouse Square Cumberland County Courthouse Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 9 West Keller Street 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. February24,2004 Dme Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 24th day of February, 2004. Nc~ta .ry Publi{~ ~ Xalotariat Sea~ Sherry L. House, Notan/Public Pleasant Hills Boro, Allegheny County My Commission Exp/res Jartuan./2B, 2007 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John D. Gibbs Wendy L. Gibbs 20921 Sterling Bay Lane East Apt. D Cornelius, NC 28031 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Ctunbefland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 9, 2004 at 10:00 A.M., the following described real estate, of which 9 West Keller Street, Mechanicsburg, PA 17055 are owners or reputed owners: 1st Ward, Boro of Mechanicsburg, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 9 West Keller Street, Mechanicsburg, PA 17055. Parcel No. 16-24-0787-008. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. John D. Gibbs, et al at 03-3091 Civil Term in the amount of $128,846.48. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore 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. 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 Sheriffs Sale would ordinarily be delayed pending a thal 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 Complahat 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 Sheriffhas 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. 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.** 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs. NO: 03-3091 Civil Term JOHN D. GIBBS and WENDY L. GIBBS, Defendants. LEGAL DESCRIPTION ALL that certain lot or piece of ground with the dwelling House and Outbuildings thereon erected, situate on the South side of West Keller Street (First Ward) in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: ON the North by said Keller Street; On the East by an alley; On the South by an alley; and On the West by a lot of ground now or late of Jacob Webster Estate. Having a front on said Keller Street of Twenty- Four (24) feet and a depth of said second mentioned alley of one hundred forty (140) feet. HAVING erected thereon a dwelling known as 9 West Keller Street, Mechanicsburg, PA 17055. PARCEL NO. 16-24-0787-008. BEING the same premises which Timothy A. Wonder and Connie M. Wonder, husband and wife, by Deed dated 06/02/2000 and recorded 06/05/2000 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 222, Page 845, granted and conveyed unto John D. Gibbs and Wendy L. Gibbs, husband and wife. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 03-3091 AFFIDAVIT OF SERVICE Plaintiff, VS. Filed on behalf of Plaintiff JOHN D. GIBBS and WENDY L. GIBBS, Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. NO: 03-3091 JOHN D. GIBBS and WENDY L. GIBBS, Defendants. AFFIDAVIT OF SERVICE I, Sherry L. House, 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 March 2, 2004, advising them of the Sheriffs sale of the property at 9 West Keller Street, Mechanicsburg, PA 17055, on June 9, 2004. LOUIS P. VITTI & ASSOCIATES, P.C. She y L( ouse SWORN to and subscribed before me this 28th day of May, 2004. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT Louis P. Vlttl & Associates. P.C. 91{} Fifth Avenue. Pittsburoh. PA 15219 Tenant/Occupant 9 West Keller Street Mechanicsburg, PA 17055 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Plttsburoh. PA 15219 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMESTIC ,~ND iNTERNATiONAL MAIL. DOES NOT PROVIDE FOR INSUR,~NC E-POSTMASTER Louis P. Vlttl & A. ssoclate~, P.C. 916 Fifth Avenue. Plttsbureh. PA 15219 United Water 8189 Adams Drive Hummelstown, PA 17036 Att: Customer Service PS Form 3817, January 2001 slh.gibbs.6.4.04 U.S. POSTAL SERVICE CERTIFICATE OF MAILING PROVIDE FOR INSURANCE-POSTMASTER John D. Gibbs 20921 Steding Bay Lane East Apt. D Cornelius, NC 28031 PS Form 3817, January 2001 U,S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT pROVIDE FOR IN SUP. ANCE.POSTMA, STER Louis P. Vitti & Associates. P.C, 916 Fifth Avenue. Pittsburoh. PA 1521 ' Wendy L. Gibbs 20921 Sterling Bay Lane East Apt. D Cornelius, NC 28031 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMESTIC AND INTERNATIONAL M~JL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER LOU s P V tt & AsSO~'- ~f~- P.C 916 Fifth Avenue. Pittsburoh. PA 1521q Tax Collector of Mechanicsburg Borough 605 Somerset Drive Mechanicsbucg, PA 17055 2 PS Focm 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vittl & Associates. Ave, u,. Commonwealth of PA-DPW Hardsbu~, PA 17105 PS Fo~ 3817, Janua~ 2001 U,S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR OOMEST~C AND INTERNATIONAL MAIL, [3OE$ NOT PROVIDE FOR INSUP. ANCE-POSTMASTER Louis P. Vitti & Associates. P.C. 9t6 Fifth Avenue. plttsburah. PA 15219/ / Clerk of Courts ~i Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vitti & Associates. P.C, 916 Fifth Avenue, Pittsburgh. PA 15219 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 U,S. POSTAL SERVICE CERTIFICATE OF MAILING ~.ouis P. Vittl & Associates. P.C. 916 Fifth Avenue. Pittsburoh. PA 15219 Court of Common Pleas of Cumberland Cou~ ~.~)m. ;!J~ 3F~ations Division (. Carlisle, PA 17013 ~ PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vitti & Associates. P.C. 91{~ Fifth Avenue. Pittsbumh. PA 15219 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Att: Susan Blougjh PS Form 3817, January 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which National City Mt~ Co is the grantee the same having been sold to said grantee on the 9th day of June A.D., 202004, under and by virtue of a writ Execution issued on the 26th day of February, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, ;2003 Number 3091, at the suit of National City Mt~ Co against John D Gibbs & Wendv L is duly recorded in Sheriff's Deed Book No. 263, Page 3682 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~"~day of~._, A.D. 20 O~q ~7~~l{ecorder of Deeds National City Mortgage Co. VS John D. Gibbs and Wendy L. Gibbs In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3091 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action in the following manner: The Sheriff mailed a notice of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested to the within named defendant, John D. Gibbs, at 20921 Sterling Bay Lane East, Apt. D, Cornelius, NC 28031. This letter was mailed under the date of March 01, 2004. Return receipt card was signed by John Gibbs on March 04, 2004 and returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action in the following manner: The Sheriff mailed a notice of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested to the within named defendant, Wendy L. Gibbs, at 20921 Sterling Bay Lane East, Apt. D, Cornelius, NC 28031. This letter was mailed under the date of March 01, 2004. Return receipt card was signed by Wendy Gibbs on March 04, 2004 and returned to the Sheriffs Office. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 06, 2004 at 5:46 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John D. Gibbs and Wendy L. Gibbs located at 9 West Keller Street, Mechanicshnrg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: John D. Gibbs, by regular mail to his last known address of 20921 Sterling Bay Lane East, Apt. D, Cornelius, NC 28031. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Wendy L. Gibbs, by regular mail to her last known address of 20921 Sterling Bay Lane East, Apt. D, Cornelius, NC 28031. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due mad legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at I0:00 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, Ohio 45342, being the buyers in this execution, paid to SheriffR. Thomas Kline the stm~ of $729.03. Sheriffs Costs: Docketing $30.00 Poundage 14.29 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Certified Mail 15.84 Surcharge 30.00 Law Journal 209.60 Patriot News 242.14 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 729.03 Sworn and subscribed to before me This j0 dayof 2004, ~ Prbthonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy 30 '173 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE; CO., Plaintiff, VS. JOHN D. GIBBS and WENDY L. GIBBS, Defendants. NO: 03-3091 Civil Term AFFIDAVIT PURSUANT TO RL%E 3129.1 National City Mortgage Co., Plaintiffin 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 9 West Keller Street, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): Name: John D. Gibbs Wendy L. Gibbs Name: Address (Please indicate if this cannot be reasonably ascertained) 20921 Sterling Bay Lane East Apt, D Cornelius, NC 28031 2. Name and address of Defendant(s) in the judgment: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last knownaddress ofeveryjudgment creditor whosejudgment is a record lien on the real property to be sold: NalTle: Address (Please indicate if this cannot be reasonably ascertained) NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cmmot 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: Nallle Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiffhas 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 Mechanicsburg Borough 605 Somerset Drive Mechanicsburg, PA 17055 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 United Water Att: Customer Service 8189 Adams Drive Hummelstown, PA 17036 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Ctm~berland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 9 West Keller Street Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 24. 2004 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 24th day of February, 2004. Nora .ry Publi~ota~aI sea Sherry L. House, Notaq/Public Pleasant Hills Bore, Allegheny County My Commission F. xpires Janua~/28, 2007 Mern~or. Pennsg,varlia Association C? Notar~ NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John D. Gibbs Wendy L. Gibbs 20921 Sterling Bay Lane East Apt. D Cornelius, NC 28031 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, Pem~sylvania and to the Sher/ffofCumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 9, 2004 at 10:00 A.M., the following described real estate, of which 9 West Keller Street, Mechanicsburg, PA 17055 are owners or reputed owners: 1st Ward, Boro of Mechanicsburg, Cry of Cumberland & Cmwlth of PA. HET a dwg k/a 9 West Keller Street, Mechanicsburg, PA 17055. Parcel No. 16-24-0787-008. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. John D. Gibbs, et al at 03-3091 Civil Term in the amount ors 128,846.48. Claims against property must be filed at the Office of the Sheriffbefore 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 them is a judgment against you. It may cause your property to be held or taken to pay thejudgment. You may have legal fights to prevent your property from being taken. A lawyer can advise you mom specifically of these fights. If you wish to exercise your fights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (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 Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiffhas 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 remm 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 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 Sheriffhas delivered his Deed to the property. The Sheriffwill 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: Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs. NO: 03-3091 Civil Term JOHN D. GIBBS and WENDY L. GIBBS, Defendants. LEGAL DESC1LIPTION ALL that certain lot or piece of ground with the dwelling House and Outbuildings thereon erected, situate on the South side of West Keller Street (First Ward) in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: ON the North by said Keller Street; On the East by an alley; On the South by an alley; and On the West by a lot of ground now or late of Jacob Webster Estate. Having a front on said Keller Street of Twenty- Four (24) feet and a depth of said second mentioned alley of one hundred forty (140) feet. HAVING erected thereon a dwelling known as 9 West Keller Street, Mechanicsburg, PA 17055. PARCEL NO. 16-24-0787-008. BEING the same premises which Timothy A. Wonder and Connie M. Wonder, husband and wife, by Deed dated 06/02/2000 and recorded 06/05/2000 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 222, Page 845, granted and conveyed unto John D. Gibbs and Wendy L. Gibbs, husband and wife. WRIT OF EXE, 'UTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA NO 03-3091 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From JOHN D. GIBBS AND WENDY L GIBBS (1) 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) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $128,846.48 Interest $2,372.43 Atty's Corem % Atty Paid $225.10 Plaintiff Paid Date: FEBRUARY 26, 2004 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 3810 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonot/,y Deputy Real Estate Sale #24 On March 01, 2004 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 9 West Keller Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2004 B' '(~ / Real Estate Deputy TIlE PATRIOT NEWS TIlE SUNDAY PATRIOT NEWS Proof of Publication UnderAc~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 PennsyNania, owner and publisher of ~ and_The ~ 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 wore 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 271h day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the aflegations 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 ver this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously pass;d~ 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 u ty of uphin in Miscellaneous Book M", S ACLOEPY~24 Sworn ,o[~/a~d'N~beforo me~,hJs 281h day Pf Maw,~l~04 A.D I#~~. My commission expires June 0, 2006 J ~[~.~ CUMBERLAND COUNTY SHERIFFS OFFICE · ,_ CUMBERLAND COUNTY COURTHOUSE ~ CARLISLE, PA. 17013 _~_~.,~..~,~,~ Statement of Advertising Costs ~ ,.~ll t~ ~ m' To THE PATRiOT-NEWS CO., Dr. ~cl~m~CJ~l~-Iamt,~lalam For publishing the notice or publication attached f~ma~lm~la ~ ~1 ~ ~ hereto on the above stated dates ~ill:' t l: "I~ '~ ~'-.~- ~ n., ~,. Total ,,..'..? .~ ,,~. e, ~ ~/,..am .~ 242.14 ~,~.,=~.a~.~=~.~ Publisher's Receipt for Advertlsln¢l Cost $ J~l~a~tkval~l uo., publisher of ~and The Ru ~' - . ~'"~m~l~,...~.,,.~.~ .~dge receipt of the aforesaid n",' ..... "_~,. ~. P 1rio-N w newspapers of general f~(l~l~l~. .... -' ....... ,~,~ ~.u pugucalion costs and certifies that the F.~I:t ~ ~ ~ ~ ~ same have 1~. 1~ ~ i~ ~et~i~ 1.a~l~ ~. By .............. ................................ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statemem 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 tree. REAL ESTATE SALE NO. 24 Writ No. 2003-3091 Civi! National City Mortgage Co. John D. Gibbs and Wendy L. Gibbs Atty,: Louis P. Vitii LEGAL DESCRIPTION ALL that certain lot or piece of ground with the dwelling House and Outbuildings thereon erected, situ- ate on the South side of West Keller Street (First Win'd) in the Borough of Mechamcsburg, County of Cum- berland and State of Pennsylvama bounded and described as follows, to ON the North by said Keller Street: On the East by an alley; On the South by an alley; and On the West by a lot of ground now or late of Jacob Webster Estate, Having a front on sal_d Kelle~ Str?t ~/Msa Made Coyne/Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOiS E, SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 National City Mortgage Co. VS. John D. Gibbs and Wendy L. Gibbs Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain lot or piece of ground with the dwelling House and Outbuildings thereon erected, situ- ate on the South side of West Keller Street [First Ward) in the Borough of Mechanicsburg, County of Cum- berland and State of Pennsylvania bounded and described as follows, to wlt: ON the North by said Keller Street: On the East by an alley; On the South by an alley; and On the West by a lot of ground now or late of Jacob Webster Estate. Having a front on said Keller Street of Twenty- Four (24) feet and a depth of said second mentioned alley of one hun- dred forty (140) feet. HAVING erected thereon a dwell- ing known as 9 West Keller Street, Mechanicsburg, PA 17055, PARCEL NO. 16-24-0787-008. BEING the same premises which Timothy A. Wonder and Connie M. Wonder, husband and wife, by Deed dated 06/02/2000 and recorded 06/05/2000 in the Recorder's Of- fice of Cumberland County, Penn- sylvania, Deed Book Volume 222, Page 845, granted and conveyed unto John D. Gibbs and Wendy L. Gibbs, husband and wife. SWORN ' 30