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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO., CIVIL DIVISION
NO.99-6367 Civil
Plaintiff,
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
VS. MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
ANTONIO MOJICA, Sr. and REBECCA E.
MOJICA, 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. NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Defendants.
PRAECIPE FOR DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND
Enter judgment in Default of an Answer in the amount of 583,670.97, in favor of the
National City Mortgage Co. et al., Plaintiff in the above-captioned action, against the Defendants,
Antonio Mojica, Sr. and Rebecca E. MoJica and assess Plaintiffs damages as follows and/or as
calculated in the Complaint:
Unpaid Principal Balance $70,963.97
Interest from 03/01/99-02/07/00 5,001.50
(Plus $14.58.16 per day after 02/07/00)
Late charges (Plus $20.13 per
month from 10/01/99-06/07/00-$161.04) 144.66
Attorney's fee 3,548.20
Escrow Deficit 4.412.64
(Plus any additional charges that may be
incurred by the Plaintiff and transmitted
to the sheriff as charges on the writ prior
to the date of the sheriffs sale)
Total Amount Due X83.670.97
The real estate, which is the subject matter of the Complaint, is situate in Twp. of
Dickinson, Cty of Cumberland, Cmwlth of Pa. HET a dwg. k/a 4033 Carlisle Road, Gardners, PA
17324, being parcel no. 0843-2754-029.
Attomey for the
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.
VS.
Plaintiff,
NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Defendants.
I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed
to the Defendant(s), in the above-captioned case on January 10, 2000, giving ten (10) day notice that
judgment would be entered should no action be taken.
LOUIS P. VITTI & ASSOCIATES, P.C.
SWORN to and subscribed
before me this 7th day
of February, 2000.
, V BY:
dAmpey Vitt Ea uirc
for Plaintiff
NOW1W Bed
NoWV RAylic
Ca'no 2003
4 ot ry Public Mwv6W Pwr"W"AN0d 0M0111'1
1ti
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
VS. NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA E.
MOJICA, husband and wife,
Defendants.
IMPORTANT NOTICE
TO: Antonio Mojica Sr.
Rebecca Mojica
Call Box 3002, Suite 205
Alturas De Rio Grande, PR 00741
Date of Notice: January 10, 2000
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
LOUIS P. VI AS ES, P.C.
BY:
Loui P. V' t'v e
Attor or 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/arc 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 7th day
of February, 2000.
Not ry Public
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NO. 99-6367 CIVIL
Plaintiff, PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
VS.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO. CIVIL DIVISION
ANTONIO MOJICA, SR, and REBECCA
E. MOJICA, 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. NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, 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 $83,670.97
Interest 02/08100-06/07/00 1,764.73
Total 585.435.34
The real estate, which is the subject matter of the Praccipe for Writ of Execution is situate
in: Twp. of Dickinson, Cty of Cumberland, Cmwlth of Pa, HET a dwg. k/a 4033 Carlisle Road, Gardners,
PA 17324, being parcel no. 08.43-2754.029.
sta . ?to"
P. Vitu, Esquirc
ey for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.
Plaintiff,
Vs. NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Defendants. :
I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and
belief, the Defendant(s), istare the owners of the real property on which the Plaintiff seeks to
execute . That the Defendants' last known address is Call Box 3002, Suite 205, Alturas Dc Rio
Grande, PR 00741.
L is P. Vitt(, Esquire
SWORN TO and subscribed
before me this 7th day of
February, 2000.
Notary Public
ion0aiatan tory2pp35mPiarvw1wam Publk aNaaea
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.
Plaintiff,
VS.
NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Defendants.
1, Louis P. Vitti, hereby certify that as representative of National City Mortgage 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.
.IJ C
P. Vilti, Esquir
iey for Plaintiff
SWORN to and subscribed
before me this 7th day
of February, 2000.
LNotarial Seal
j pL? Kirch. NgYyerv PuWb
lm E ne Nov. ton4003
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Notary Public MWft-P0(=Y%Vm a
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.
Plaintiff,
VS. NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
National City Mortgage Co., 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
4033 Carlisle Road, Gardners, PA 17324.
1. Name and address of Owncr(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Antonio Mojica Sr Call Box 3002, Suite 205
Rebecca Mojica Altums De Rio Grande, PR 00741
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. I above.
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
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
w
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 Dickinson
Commonwealth of PA -DPW
Court of Common Pleas of
Cumberland County
Bureau of Compliance
Tenant/Occupant
1044 Pine Road
Carlisle, PA 17013-9373
P.O. Box 8016
Harrisburg, PA 17105
Domestic Relations Division
Carlisle, PA 17013
Clearance Support Section
Dept. #281230
Harrisburg, PA 17128-1230
Attn: Susan Blough
4033 Carlisle Road
Gardners, PA 17324
w
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.
February 7.2000
Date
SWORN TO and subscribed
before me this 7th day
of February, 2000.
Notary Public
L is P. Vi ' sgwre
Attorney for Plaintiff
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NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Antonio Mojica, Sr.
Rebecca E. Mojica
Call Box 3002, Suite 205
Altums De Rio Grande, PR 00741
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 7, 2000
at 10:00 A.M., the following described real estate, of which Antonio Mojica Sr. and Rebecca E.
Mojica are owners or reputed owners:
Twp. of Dickinson, Cty of Cumberland, Cmwlth of Pa, HET a dwg, k/a 4033 Carlisle Road,
Gardners, PA 17324, being parcel no. 08.43-2754-029.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Mortgage Co. vs. Antonio Mojica Sr, and Rebecca E. Mojica at No. 99-6367 Civil
in the amount of $83,670.97.
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.
1.
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 Ssle would ordinarily be delayed pending a trial of the issue
of whether the Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty
(20) days after service or in certain other events. To exercise this right, you would have to file a
petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or if there are defects in the Sheri ffs 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)I of the Sheriff.
?V?
CL6uis 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."
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.
Plaintiff,
VS. NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Defendants.
ALL that certain tract of land withthe improvements theron erected situate in Dickinson Twonship,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the centerline of Pcrmsylvania Route No. 34 at corner of land now
or formerly of James E. Prosser and wife, which point at the place of beginning is also the comer of
a small triangular shaped tract of land about to be conveyed by the within Grantors to James E.
Prosser and wife; thence from said point at the place of beginning along the southern line of said
triangular shaped tract about to be conveyed to James E. Prosser and wife, South 74 degrees 32
minutes 28 seconds East, a distance of 183.46 feet to an Iron pipe in line of land retained by Elzin
R. Weidner, et al; thence along line of land retained by the said Elzin R. Wiedner, et al, the
following two courses and distances, South 13 degrees 15 minutes West, a distance of 117 feet to
an iron pipe; North 69 degrees 52 minutes 21 seconds West, a distance of 184.32 feet to a point in
the centerline said Pennsylvania Route No. 34; thence along the centerline of said Pennsylvania
Route No. 34, North 13 degrees 03 minutes 56 seconds East, a distance of 102 feet to a point at the
place of beginning, CONTAINING 20.053 square feet and having thereon erected a dwelling
house.
HAVING erected thereon a dwelling kno%%li and numbered as 4033 Carlisle Road, Gardners, PA
17324.
BEING on the same premise that Phillip D. Richwine, Unmarried and Cheryl E. Meyers, Formerly
Cheryl E. Richwine, and Robert Meyers, her husband by their deed dated 9/12/1997 and recorded
9/22/1997 in the Cumberland County Recorders Office in Decd Book Volume 164, page 903,
granted and conveyed unto Antonio Mojica and Rebecca E. Mojica, husband and wife.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO.
Plaintiff,
CIVIL DIVISION
No.99-6367 CIVIL
AFFIDAVIT OF SERVICE
VS.
ANTONIO MOJICA, SR, and REBECCA
E. MOJICA, 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. NO. 99-6367 Civil
ANTONIO MOJICA, SR. And REBECCA E.
MOJICA, husband and wife,
Defendants
I, Rebecca L. Kirch, do hereby certify that a Notice of Sale was mailed and served
upon the Defendants by Certified Mail on February 15, 2000 and on all lien holders by
Certificate of Mailing for service in the above-captioned case on February 9, 2000, advising
them of the Sheriff's sale of the property at 4033 Carlisle Road, Gardners, PA 17324, on June
7, 2000.
LOUIS P. VITTI & ASSOCIATES, P.C.
C (A '-
BY IQ C( ( )C
R ecca L. Kirch
SWORN to and subscribed
Notartd 8aa1
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Martaw rea Mar 1, 2n04
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TAX CQLLECTn
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PS Form 3817. Mar. 1989
POSTAL F MAILINO
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IT S. POSTAL SERVICE CERTIFICATE QF-MAILINU.--
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
PROVIDE FOR INSURANCE -POSTMASTER 9ft,
""""LOUIS P. VI1`f e ASS'
P0865
F E D 0
PITTSBURGH, PAt462,19-1. t
(412) 281-1725
One pNce of urdinarv mail addressed to: S? .S
TENANT/OC a? 4033 CARLISLE, ROAD z 6;
GARBNER On y
Affix tee here in stamps
or motor postage and
post mark. Inquire of
Postmaster for current
foe.
135
00
219
PS Form 3817, Mara 19119
Affix lee hate in Stamps
r eRVIfE CERTIFICATE OF MAILING or meter postage and
IAY BE USED FOR DOMESTIC AND INTERNA110N A,L MAIL. DOES NOT poet mark. Inquire of
ROVIDE FOR INSURANCE-POSTMASTER .P? 'o ' Postmaster for current
?J lase
t er * 2$ d 0-view
R«"'Le?U?S P. VITfI ?t AS 65 135
0 00
nlrr 16`,31AAi I' WAt:fYJNAYi'n 19
(412) 281-1725
One, piece of ordlnant mail addressed to: = r p
RURFATT OF C'OMPTANCE
CLEARANCE SUPPORT SECTION
BEPTI' o
HARRISBURG, PA 17128
PS Form 3817, Mer. 1989
STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
Robert P Ziegler
I,------------------------------
1 8
r SS.
---------- Recorder of
Deeds In and for said County and State do hereby certify that the Sheriffs Deed In which ----------------
National City Htg Co
---------------------------•-----------------------°------------------------------- is the grantee
7th
the same having been sold to said grantee on the ----------------------------------------------- day of
June
xx 00
---------------------------------------- A. D., 19--------,under and by virtue of a writ --____________
execution 15th
------------------------------------------------ issued on the -------------------------------------
February
day of __________________________ A. D., IV90 __, out of the Court of Common Plea of said County as of
civil
------------
--------°-- ----------------------------------------°-------- Term, 19--99 --
6367 National City Mtg Co
Number --------------,atthesuitof ---------------------------------------------------------------
Antonio Mojica Sr & Rebecca E
----------------------------------- against---------------------------------------------------- is
224 432
duly recorded in Sheriffs Deed Book No. __---- Page -------------
IN TFSTINIONY WHEREOF, I have hereunto
set my hand and seal of said office this --i? ----- day
of 1-& -------------------- A. D.,is_ Jmd?
ell r ---- -- - - -----------
--- Recorder of Deeds
Recorder of Deeds, Cumberland County, Cutak, PA
My Commlssron EaDlms the first Monday Of An 2002
National City Mortgage Co In the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
Antonio Mojica Sr and No. 99-6367 Civil
Rebecca E. Mojica
Dawn L. Kell Deputy Sheriff, who being duly sworn nccording to law, says on March
30, 2000 at 3:21 o'clock P.M. EST, she posted a copy of Real Estate Writ Notice Poster
and Description on the property of Antonio Mojica and Rebecca Mojica located at 4033
Carlisle, Road, Gardners, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheriff, mailed a notice of the pendency of the action to one of the within named
defendants to wit: Rebecca E. Mojica by Certified Mail Return Receipt Requested
Restricted Delivery, Deliver To Addressee Only to her last known address Call Box 3002
Suite 205,Alturs De Rio Grande, PR. This letter was mailed under the date of March 29,
2000 and the return receipt card was returned to the Sheriffs Office on April 7,2000 the
card signed by NR and no date given as to when it was received.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Antonio Mojica Sr by Certified Mail Return Receipt Requested,
Restricted Delivery Deliver To Addressee Only to Call Box 3002 Suite 205, Altrus De
Rio Grande, PR. This letter was mailed under the date of March 29, 2000 and the return
receipt card was returned to the Sheriffs Office on April 10, 2000 with a signature of NR
and no date as to when it was received.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Antonio Mojica Sr by first class mail to Call Box 3002 Suite 205,
Altrus De Rio Grande, PR. This letter was mailed under the date of April 10, 2000 and
never returned to the Sheri ifs Office.
R. Thomas Kline, Sheriff who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of tite within named
defendants to wit: Rebecca Mojica by first class mail to Call Box 3002 Suite 205 Altrus
De Rio Grande PR. This letter was mailed under the date of April 7, 2000 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due
and legal notice had been given according to law exposed the above described premises
at public venue or outcry at Court blouse, Carlisle, Cumberland County, Pennsylvania at
10:00 o'clock A.M. EDST, and sold the same for the sum of S 1.00 to Attorney Kathy
Hersch for National City Mortgage Co. It being the highest bid and best price received
for the same National City Mortgage Co. of P.O. Box 1820, Dayton Ohio being the buyer
in this execution paid to R. Thomas Kline the sum of S 893.91 it being costs.
LAO
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
Swom and Subscribed To Before Me
Prot{ of otnry 30.00
This .ty ?'-' Day of,
2000,A.D. ,?
17.53
15.00
15.00
30.00
10.00
.50
1.00
5.58
15.25
15.00
30.00
344.45
288.30
24.80
25.00
26.50
$ 893.91 pd by atty
6/13/00
R. Thomas Kline, Sheriff
By
Real Estate Deputy
nJ ?`
10 N
1'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO.
Plaintiff,
VS. NO. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
National City Mortgage Co., 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
4033 Carlisle Road, Gardners, PA 17324.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Antonio Mojica Sr Call Box 3002, Suite 205
Rebecca Mojica Alturas De Rio Grande, PR 00741
2. Name and address of Defendant(s) in the judgment:
Name:
Same as No. 1 above.
Address (Please indicate if this
cannot be reasonably ascertained)
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:
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 Dickinson
Commonwealth of PA -DPW
Court of Common Pleas of
Cumberland County
Bureau of Compliance
Tenant/Occupant
1044 Pine Road
Carlisle, PA 17013-9373
P.O. Box 8016
Harrisburg, PA 17105
Domestic Relations Division
Carlisle, PA 17013
Clearance Support Section
Dept. #281230
Harrisburg, PA 17128-1230
Attn: Susan Blough
4033 Carlisle Road
Gardners, PA 17324
- a...'1 -
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 unswom falsification to authorities.
Fe ru= 7.2000
Date
SWORN TO and subscribed
before me this 7th day
of February, 2000.
,
Notary Public
ets P. Vi ' squire
Attorney for Plaintiff
Rabsaiial E
N0M6q
GFFI"' IF Tv, [{t: K!CF
FEB ?b ?0 04 all SOU
PE1ftt I Y f1id
...
NOTICE OF SHERIFF'S SALE. OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Antonio Mojica, Sr.
Rebecca E. Mojica
Call Box 3002, Suite 205
Alturas De Rio Grande, PR 00741
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 7, 2000
at 10:00 A.M., the following described real estate, of which Antonio Mojica Sr. and Rebecca E.
Mojica are owners or reputed owners:
Twp. of Dickinson, Cty of Cumberland, Cmwlth of Pa, HET a dwg. k/a 4033 Carlisle Road,
Gardners, PA 17324, being parcel no. 0843-2754-029.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Mortgage Co. vs. Antonio Mojica Sr. and Rebecca E. Mojica at No. 99-6367 Civil
in the amount of $83,670.97.
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.
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 Plaintiff has a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty
(20) days after service or in certain other events. To exercise this right, you would have to file a
petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should
file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the
property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10)
days from the date when the Schedule of Distribution is filed in the Office)I of the Sheriff.
•V?
kJAuis P. itti, 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. 99-6367 Civil
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Defendants.
ALL that certain tract of land withthe improvements theron erected situate in Dickinson Twonship,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the centerline of Pennsylvania Route No. 34 at comer of land now
or formerly of James E. Prosser and wife, which point at the place of beginning is also the comer of
a small triangular shaped tract of land about to be conveyed by the within Grantors to James E.
Prosser and wife; thence from said point at the place of beginning along the southern line of said
triangular shaped tract about to be conveyed to James E. Prosser and wife, South 74 degrees 32
minutes 28 seconds East, a distance of 183.46 feet to an Iron pipe in line of land retained by Elzin
R. Weidner, et al; thence along line of land retained by the said Elzin R. Wiedner, et al, the
following two courses and distances; South 13 degrees IS minutes West, a distance of 117 feet to
an iron pipe; North 69 degrees 52 minutes 21 seconds West, a distance of 184.32 feet to a point in
the centerline said Pennsylvania Route No. 34; thence along the centerline of said Pennsylvania
Route No. 34, North 13 degrees 03 minutes 56 seconds East, a distance of 102 feet to a point at the
place of beginning, CONTAINING 20.053 square feet and having thereon erected a dwelling
house.
HAVING erected thereon a dwelling known and numbered as 4033 Carlisle Road, Gardners, PA
17324.
BEING on the same premise that Phillip D. Richwine, Unmarried and Cheryl E. Meyers, Formerly
Cheryl E. Richwine, and Robert Meyers, her husband by their deed dated 9/12/1997 and recorded
9/22/1997 in the Cumberland County Recorders Office in Deed Book Volume 164, page 903,
granted and conveyed unto Antonio Mojica and Rebecca E. Mojica, husband and wife.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-6367 Civil Term _
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 Antonio Mojica, Sr. and Rebecca E. Mojica, husband and wife, Call Box 3002, Suite 205
--Alturar Do Grand-, P R 00741
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Please 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 notlly the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is/are 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) It property of the defendant(s) not levied upon an subject to attachment Is found In the possession of anyone other
than a namedgarnishee, you are directedto notify hinvherthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due 583,670.97 L.L. $.50
Interest 2184n-6/7ln0 - $17(;4.7*1 Due Prothy $1.00
Ally's Comm
Other Costs
Ally Paid $191.12
Plaintiff Paid
Date: February 15, 2000 _ Curtis R. Long
Prothonotary,?Civil Division
,,by: f7
Deputy
REQUESTING PARTY:
Name Tnuis P. Vitti. Esq.
Address: Ql G Fifth AvPnna
Attorney for: Pi n i nt i f f
Telephone: ,A12-?al -1 795
Supreme Court ID No. ig1n
REAL ESTATE SALE No. ?i
On Fx? I7.dcv the sheriff levied upon the defendants
Interest in the real property situated in Z"q
Cumberland County, Pa., known and numbered as:ya; il, a- d- Amt-&L
.4?e0w awAw_.- and more fully described on Exhibit "A" filed with
this writ and by this reference incorporated herein.
-ate: 7 ?a
By - fz w 4`'F
3C1
00, !!;1 to 01 91033
Real Estate Sale No 11
$ 1000.00 advance costs paid 2/17/00 Atty Louis P. Vitti
Assessed valuation $ 3280
Writ No. 99-6367 Civil Term
National City Mortgage Co
.vs.
Antonio Mojica Sr and rebecca Mojica
4033 Carlisle Road
Gardners, PA
Real Debt $83,670.97
Interest 2/8/00 -6/7/00 1,764.73
Atty's Fees
Atty's Writ Costs 191.12
Escrow
Late Charges
Sheriffs Costs
Docketing 30.00
Poundage 17.53
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
County 1.00
Mileage 5.58
Certified Mail 15.25
Levy 15.00
Surcharge 30.00
Postpone sale
Out of County
Legal Search
Law Journal 344.45
Patriot News 288.30
Share of Bills 24.80
Distribution of Proceeds 25.00
Sheriffs Deed 26.50
TAXES
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
1(nder8tl Na 587, 8noror d rtiayt i9 9
Commonwealth of Pennsylvania, County of Dauphin) as
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and
THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Markel Street,
In the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established
March 4th, 1854, and September 181h, 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 and Metro odilions/issues which appeared on the 2nd, 9th and 161h day(s) of May
2000. That neither he nor said Company is interested in the subject mailer of said printed notice or advertising, and
that all of the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verily this
statement on behalf of The Patrlot-Nows 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 DruphIn In Miscollaneous Book "M',
Volume 14, Page 317. ff lJ
PUBLICATION _ _- ?% LA
- --------- - - ------- y -
---------------
Sworn to and subscribe before l
COPY e h ?nd da Jun DO A.D.
S A L E M 11
Notarial Seal
Tarry L. RUSSell, Notary Public
HaniSbutp,DaupNn Counry NOT Y PUBLIC
FlJyCom sslon Eegros Juno 6, mmission expires Juno 6, 2002
Member, Pennsylvania ASSOCtatoon W hoaoas
?&W its, 1If CUMBERLAND COUNTY SHERIFFS OFFICE
x a ' , r G9Rt a CUMBERLAND COUNTY COURTHOUSE
SEICbltkt4a0a?:, . CARLISLE, PA. 17013
t" x:1'4 i &
„ Statement of Advertising Costs
WOEBC 1FIM- . To THE PATRIOT-NEWS CO., Or.
ALL 11i W*,tr+tref land rrkh the For publishing the notice or publication attached
kapamierda 11+nrae radW `sh* In hereto on the above slated datos
$ 2880
dekrlardu Probating same Notary Foe(s) $ 1.5.50
d Ala, I Total $ 288,30
blund
e° 1at .>EP aeb"sheras Receipt for Advertising Coat
MI y? trKtOf of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
to' *AM of the aforesaid notice and publication costs and certifies that the same have
d8wom Wed lw at THE PATRIOT-NEWS CO.
had abatd to be to JaaMf E thaat
ow sdk`Soagi.it 32.etlnwn 28
,Kandy E `a dbunoeN 1BJ.16 reel to an By ....................................................................
Iron in line of ffoullard by Elkin R
1rtdYbMaeVdtg? b? IL Ikfa 1 t1F18negtt&Lde
?aegnesUpnlinten Wet addlfsstttatatce allined
m, W. i
21SKOrdaWef6ldh4K1lMau 2
ZIn Ihe.tesletWe.Yld llNnylsvala
No.34rfisM 1 the Cffl 'ae of
said fk? w* Route EA aNOel U
nning,
of alledtoeo?nY'ttatthePlaced21
quam (eel aning
{ CONfAINING1EA511
Wrenn ruche" dweing louse.
IU11NG erected thereon a Jefiling
known and 0um62Rd as 1071 Carlisle Road,
Ganlnee, PA 1726
BEING on the same premise that Philp
1 R Richwine, L'nmurinf, and Chm1 L
hlc)m. 1'orc l>>• Chem L RichMine, wJ
Robert Mnrrs, ha husband M• their dud
dated 911211997 and recorded 9IM1997In the
Cumberland County Recorders Offue in
Deed Book%blume 19 Dpa a 902, led and
cansrsed unto Antonio `1o1ia and R,beca L
hlofti husband and wife.
I,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 1 G, 1929), P. L.1784
STATE OF PENNSYLVANIA :
. ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly swom, 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 28, MAY 5, 12.2000
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL. ESTATE SALZ NO. 11
Writ No. 09.6367 Civil
National City Mortgage Co.
VS.
Antonio MOO. Sr. and
Retwca E. hlojtca.
Imsband and wlfe
Ally.: Lotus P. VIRI
LEGAL DESCRIPnON
ALL that certain tract of land with
the huprmrnients thereon erected situ-
ate to Dickinson Township. Cumber.
land County. ltnnsylvania.bounded
and described as follows:
BEGINNING aI a Iwlnt 111 010 cen-
teduu of Pennsylvania Route No. 3.1
at corner of laud now or fonnerbv of
Roger M. Morgcnthal, Editor
SWORN TO AND SUBSCRIBED before me this
--LZ_dayof MAY. 2000
ICN:lF 51r ri?Ci Dowry r^d.:Se
Cod," m,o. Cwrbori,•nd Co'niy. iA
My LDTT .YaI f?rA.al Momh S. Z?l
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No, 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND : ss.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly swom, 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,
2000
o time, place and character of publication are true.
Affant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as t
REAL STATE HALE NO. I1
Writ No. 99.6367 Civil
National City Mortgage Co.
VS.
Antonio MoJlca. Sr. and
Rebecca E. MoJlca.
husband and wife
Ally.: Louis P. Vito
LEGAL DESCRIPTION
ALL that certain tract of land with
the Improvements thereon erected situ-
ate in Dickinson Township, Cumber-
land County, Pennsylvania, bounded
and described as follows:
BEGINNING at a point in the cen-
lerllne of Pennsylvania Route No. 34
i at comer of land now or formerly of
James E. Prosser and wife, which
point at the place of beginning Is also
the carrier of a stroll triangular shaped
tract of land about to Ile conveyed by
tie within Grantors to Janus E. Pross-
Brand wife: thence from said point at
the place of beginning along the
southern line of said triangular shaped
tract about to be conveyed to James
E. Prosser and wife. Soud174 degrees
32 minutes 28 seconds East. a dls-
tance or 163.46 feet to an Iron Pipe
In line of land retained by Elzhn It.
Weldner, et at.: thence nlong line of
land retained by the Nud Iilzun R.
i Weidner, et al., the following two
courses and distances; Soulh 13 de-
grees 15 minutes West, a distance of
117 feet to all Iron pie. North 69
degrees 52 mini les 21 seconds Wcsl,
a distance of 164.32 feet to a Point In
the centerline said Pennsylvania
Route No. 34: thence along dm ccn-
terllne of said Pennsylvania Route
No. 34, North 13 degrees 03 mantes
56 seconds East, a distance of 1(Y1
feet to a point at the place of begin*
rung, CONTAINING 20.053 square
feet and having thereon erected a
dwelling house,
HAVING erected thereon a dwell'
Ing (mown and numbered as 4033
Carlisle Road, G:udnem VA 173'!4.
BEING nn the sullc pn•nusc it""
Phillip 1). Richwine, thunvred and
Cheryl F. Meyers, Formerly E'hrp'P E.
R ichwuu, and H nix-ti hh)•rt,i, her hus-
hand by their drrd dated t)/ 12/1997
and reconlyd 0/22/ 1997 In lhr Cuur
Ienland County Rrcolllel . 01fiCt• lie
lh•r,l It, •„h t'nh unr It 1 . I,.irr 903,
----------------
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
-12-day of A_MY`2000_
ICIS E. 5NYDER, t$;,irnry F44;ic
Carlisle boro, Owborlnnd Cooniy, PA
My Commiwon Expires Morch S, 2001
1?
Roger M. Morgeathal, 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 followine dnt,•
t
p ace and character of publication arc true.
Afffant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time I
REAL ESTATE BAIL NO. 11
%Vill No. 69.0367 Civil
National City Mortgage Co.
VS.
Antonio MoJlca. Sr. and
Rebecca E. MoJlca.
husband and wife
Ally.: Louis P. Mitt
LEGAL DESCRIPTION
ALL that certain tract of land with
the Improvements thereonemcted situ.
ate in Dickinson Township, Cumber-
land County, Pennsylvania. bounded
and described as follows:
BEGINNING at a point In to cen.
terline of Pennsylvania Route No. 34
at comer of land now or formerly of
James E. Prosser and wife, which
point at the place of beginning is also
the comer of a small triangular shaped
tract of land about to be conveyed by
the w It in Grantors to James E. Pross-
erand wife; thence from said point at
the place of beginning along the
southern line of said triangular shaped
tract about to be conveyed to James
E, Prosser and wife. South 74 degrees
32 minutes 28 seconds East, a us-
lance of 183.46 feel to an Iron pipe
in line of land retained by Elzln It
Weidner, et al.: thence along line of
land retained by the said Elzln R.
Weidner, el al., the following two
courses and distances: South 13 de-
grees 15 minutes West. a distance of
117 feet to an iron pipe: North 69
degrees 52 minutes 21 seconds West.
a distance of 184.32 feel to a point in
the centerline said Pennsylvania
Route No. 34: thence along the cen-
tedme or said Pennsylvania Route
No. 34, North 13 degrees 03 minutes
56 seconds East, a distance of 102
feet to a point at the place of begin-
ning. CONTAINING 20.053 square
feet and having thereon erected a
dwelling house.
HAVING erected thereon a dwell-
Ing known and numbered as 4033
Carlisle Road, Gardners. PA 17324.
BEING on the sane premise that
Phillip D. Richwine, Unlnmnled and
Cheryl E. Meyers. Formerly Cheryl F.
Pochwme, and Robert Meyers. her hus-
band by their deed dated 9/ 12/ 1097
and recorded 9/22/10137 1n the Cum-
berland County Recorders Office In
Deed Book Volume 104. page 003.
granted and conveyed unto Antonio
MoJlca and Rebecca E. MoJca, hus-
hand and wife.
Roger M. Morgeathal, Editor
SWORN TO AND SUBSCRIBED before me this
12 day of MA_ Y, 2p?
1015 E. SNYDER, Rotary Public
Coriido hero, Cumberkknd County, PA
My Commi"on Eapirat March 3, 2011
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-06367 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS.
MOJICA ANTONIO SR ET AL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT MOJICA ANTONIO SR _,
by United States Certified Mail postage
prepaid, on the 17th day of December 1999 at 0008:00 HOURS, at
CALL LBOK 3002 STE 205
ALTURAS DE RIO GRANDE, PR 00741 a true
and attested copy of the attached COMPLAINT - MORT FORE (RE. Together
with NOTICE ,
The returned
receipt card was signed by CARMEN ZEN on
12/21/1999 .
Additional Comments:
Sheriff's Costs: So an wer :
Docketing 18.00 + ?•*^"?°
Service .00 R. Thomas Kline
Cert Mail 4.56 Sheriff of Cumberland County
Surcharge 8.00
.00
30.56
Paid by LOUIS P. VITTI on 12/27/1999
Sworn and subscribed to before me
this it 'g day of tt?
ctv A. D. If I
on ?. ?kCC? . --T-
-S
Pi?bt[ ?onotary
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO:-1999-06367 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS.
MOJICA ANTONIO SR ET AL
R. Thomas Kline Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,MOJICA REBECCA E
? by United States Certified Mail postage
prepaid, on the 17th day of December 1999 at 0008:00 HOURS, at
r_
CALL BOX 3002 STE 205
ALTURAS DE RIO GRANDE, PR 00741 a true
and attested copy of the attached COMPLAINT - MORT FORE (RE. Together
E
with NOTICE
The returned
receipt card was signed by CARMEN
_ ZEN on
12/21/1999.
Additional Comments:
Sheriff's Costs: So answer
?"' ; r41F Yx?i
Docketing 6.00 %/
Cert Mail 4.56
00 f1. Thomas Kline
Sheriff of Cumberland County
^'
Affidavit . ,
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Surcharge 9.00 <x
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.00 ,
1 8.56 '..'
Paid by LOUIS P. VI'ITTI on 1.2/27/1999
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Sworn and subsr_r ?d to before me
this /1!!? day of<
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'L ot: hOnotxa ry u...
3U-4- C
1 r_. SENDER: I also wish to receive the
¦COngkl¦ dMp 1 andp t rut'"fomi senroos following services (for an
4 and ap
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( a Compel: dams
,
aPnm your Nine aWaddnsa W the ravens M this form w cwt *if unrNUm the extra f00): .
1 ao Iw 1. ? Addrossee's Addross
anam Ichl Ipmbtrk Iron+dttr-4PWe. or on nk twck it space does no
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9. Ankle Addressad lo: 4a. Article Number 33 o
33
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Rebecca A. MD j ica ? Registered Ce ified oc r
Call Box 3002, Suite 205 ?Express read Insured e ;
Alturao De Rio Grande, PR ?ReturnReceiptforMet 'so ?COD
00741 7. Date of Dehve E
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PS Form 811, Doc er 1994 unvsaeoouv Domestic Return Receipt
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SENDER: I also wish to receive the
• ¦ compete nems I araof 2lor eUOdronal semcor following services (for an
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¦Prmt y" name and adpaas Wdk revere of m.% fpm w
awl wa"nrefum tMa extra foe):
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¦ A ?M tMS ton Io na 1,.1 of IN rvuipKo, or on Ire back s Address
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nsceipf
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G de wed
3. Article Addroesed to:
4a. Article Number
E
Antonio Mojica, Si. 7b. Service Typo
? :I
Call. Box 3002, Ste 205 QCortdiod
?Registered
Alturas De Rio Grande, FIR [3 ExprossMail Insured
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[3 Return Receipt for Merc a
ate of Deli very
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ssee's Addro(On y d requested
Addi
5. Received By: IPnnf Namo) t
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6.S,gnaturk(Addrossee( Aganp
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PS Form 3811, Decombfil' 1994 10 is W o ozz+ DomeSilc Return Receipt
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO., CIVIL DIVISION
NO. C( Cj " U367
Plaintiff,
VS.
ANTONIO MO11CA, SR. and REBECCA
E. MOJICA, husband and wife,
COMPLAINT IN MORTGAGE
FORECLOSURE
Code
MORTGAGE FORECLOSURE
Filed on behalf of
Defendants. 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
Y
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
COMPLAINTIN MOR'I'(iAGIi FORGCLOSURI?
AND NOW. comes the Plaintil7' by its attorneys. Louis 11. Vitti and Associates, P.C. and Louis 1'.
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 Detendant(s) is/are individuals with a last known mailing address of 4033 Carlisle
Road, Gardners, PA 17324. The property address is 4033 Carlisle Road, Gardners, PA 17324 and is the
subject of this action.
3. On the 15th day ol'Septentber, 1997, in consideration of a loan of Seventy-One Thousand,
Nine Hundred Sixty-'three and no/I00 ($71,963.00) 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 011 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 22nd day of September, 1997, in the
Office of the Itecorder of Deeds of Cumberland County, in Mortgage Book Volume 1406, page 28. The said
mortgage is incorporated herein by retercnce thereto as though the same were set forth fully at length.
4. The premises secured by the mortgage are:
SEE EXI IIBIT "A" ATI'ACI IBD I IFRETO
5. Said mortgage provides, inter alia:
"that when as soon as the principal debt secured shall become due and payable, or in
case default shall be made in the payment of any installment of principal and interest, or any
monthly payment, keeping and performance by the mortgagor of any of the terms, conditions
or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of
Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest
and all other recoverable sums, together with attorney's fees."
6. Since April 1, 1999, 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 Eighty-Two Thousand, Two Hundred Twcnty-Seven and 39/100
Dollars ($82,227.39) with interest and costs.
Respectfully submitted,
LOUIS P. VIM & ASSOC., P.C.
Louis P. Vitti. Esquire
Attorney for Plaintiff
Mojica, Antonio
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 70,963.97
Interest ® 7.5000% from 03/01/99 through 10/31/99 3,557.92
(Plus $14.5816 perdayafter 10/31/99 )
Late charges through 10/01/99
0 months @ 20.13 0.00
Accumulated beforehand 144.66 144.66
(Plus $20.13 on the 17th day of each month after 10/01/99 )
Attorney's fee 3,548.20
Escrow deficit 4,012.44
(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 shcritTs
sale)
BALANCE DUE 82.227.39
:CIVDVI.Q C
I..... I I V, I.N
ALL till,, vw".&,I tact of 3uW rILI, the bpr.run non thereon
erected eltunN In UICRlnl,an 'to.unhlp (vr'be rllnW County. rd8 I,elj.ej yylwnUl 4UrVlye nl`dcJeea Jlf Ift l•ofP@AW ellf Y\Yll•IIIeyUrVey
Ie.rnled In tit. Ion re hell+r o"'.0 ceeulJn'•e oftl,e In 1•yal
pool, :5, pP'K 119, no toll....
9f'JINniN? nl n {v lot ul the r.cu[w lour nI rrurnylvmlln 310V1e
rot?luylnnlml In •nleu till, comer of
ter fl .1?I1cn nr',, ln,url ltur plncro f"I o( "A
Nf 1
triIt"JULr ebeprA toed of LnnJ nl Prut to L! 1.1c. rd by
a xall t
clu' -blurt nt+thetl'l toe of•Ce9lnn I'll nl,,gd Llref Louttlero lit" of
toll I'
held trl-l"P.I.r n11ehutlt9/cJrg reel, 1] "Inotee ]R neo nJer Lnet, n
rrcu Per and rote.
to o dlotanC. of 1'°1.4Gy lr•t nLnthnnce ?longllI110- or lend l feteluede by
py Clrln P. Ne ldn•1. rl rel. t1,. Inlloring too coons, and
tNn ne ld [la In I1. l'•ldne r. Nee,. a dletenc- of 111
dlu once+l Snotlo 11 Jl, 35 ml nut nn
l pot's; North G9 Jr7 tree 53 mllluten c 21 nrrunJ n n or
feel. r.o nn um "a
Nr9l. n dl Ut,lllar If 1a4.1: tn•t IIIe... . lonp'ttl liecenlrrl lN+ of
e+Nl Puweylven In n"I'Ln o" 31:
el,lJ crnney lvnnl• Nnotr No. 11. N^tLh it JeVlrl°nt l U •IlVIA'
?CC
urcon,ln Cnnl, n dlnLPnc• onf lag fee'. loo p
•IrCt rl,t In d. 11171Iv-j •J 1, In ru feel And Inlrlu'J Ihol run ne.
11' NRltrl Ill.. rm?! trna'ro tlnnd Jnl MCllrte ?'bn1 el. loon r.l Poll rJ
Ile A, II•rllI . h1N rlfr, bl
le„ oJal In tlvr lumoldn 'It lee'lu (loots uI t'b nlnlnd lull abNV nl'ea1
yim?u l'Ivr,llo In II•L41.1 11' 1.11, Pngn InG/, 'J
. 1'nJ1U• a ul, l.. rn and bro 1'i 1.. nldn.l nn, h.ehand mnl
C
.lt^.
EXHIBIT''
VERIFICATION
AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true
and correct to the best of his knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the pleading
is submitted by counsel having sufficient knowledge, information and belief based upon the
information provided him by the Plaintiff.
Dated: October 15, 1999
?J1
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gcsu
sib
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO., CIVIL DIVISION
NO. 99-6367
Plaintiff,
PRAECIPE TO REINSTATE
COMPLAINT IN MORTGAGE
VS. FORECLOSURE
ANTONIO MOJICA, SR. and REBECCA
E. MOJICA, husband and wife,
Code Mortgage Foreclosure
Filed on behalf of
Defendants. 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
i
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06367 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS.
MOJICA ANTONIO SR ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: MOJICA ANTONIO SR
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of ADAMS County, Pennsylvania.
to serve the within COMPLAINT - MORT FORE
On December 6th, 1999 , this office was in receipt of
the attached return from ADAMS County, Pennsylvania.
Sheriff's Costs: So answIs
Docketing 18.00
Out of County 9.00
Surcharge 8.00 as-Kline, 7-414
DEP. ADAMS COUNTY 21.00
12/06/19991
Sworn and subscribe to before me
this t--% day
Q9 y-p-Q A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06367 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS.
MOJICA ANTONIO SR ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: MOJICA REBECCA E
but was unable to locate tier in his bailiwick. He therefore
deputized the sheriff of ADAMS County, Pennsylvania.
to serve the within COMPLAINT - MORT FORE
On December 6th, 1999 , this office was in receipt of
the attached return from ADAMS County, Pennsylvania.
Sheriff's Costs: So answers
Docketing 6.00
Out of County .00 -?
Surcharge 8.00 R: JTfTomas Kline, 3TiS?i
LO IS
Sworn and subscribe to before me
this // ?-r' day of
777777""""""
b®2 &1,1) A.D.
Q?j- of .
• A' A A A n n n n n n n n A-
MASON DIXON BUSINESS FORMS, INC
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
DATE PROCESSED
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVILE OF PROCESS BY
SHERIFF SERVICE THE SHERIFF" W the Fever" of the Iasi (No S) copy of In.$ form Plsa"
PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly. Insuring roadability of all copies.
Do not detach any copies. ALSO ENV.#
1.
2. COURT NUMBER
a. TYPE OF WRIT OR COMPLAINT:
SERVE
10
AT
) MOJICA, SR. and REBECCA E. MOJICA lComplaint in
S. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED,
Antonio Mojica, Sr. and Rebecca E. Mojica
S. ADDRESS (Street or RFD, Apartment No, Coy, Boro, Two, Stale and ZIP C
1938 Old Route 30, Orrtanna, PA
SOLD.
7. INDICATE. UNUSUAL SERVICE: [I PERSONAL'? PERSON IN CHARGE i, DEPUTIZE n CERT. MAIL Il REGISTERED MAIL :1 POSTED ? OTHER
Now, _ 19 I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Shoriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION. N B. WAIVER OF WATCHMAN-Any deputy shenh buying upon or 8110chmg any property under within writ may Nave
"me without a watchman, in custody of whomever is found in possession, aher mlitymg person of levy, a attachment, without liability on the pan of such deputy or the sheriff to
any plainbN herein la any loss, deslmctw or removal of any such property before sheriffs sale thereof.
0. SIGNATURE of ATTORNEY or othn ORIGINATOR requesting "nice W behalf of. 10. TELEPHONE NUMBER It . DATE
lAU1S P. vitti Es q. 1 q• ::DEFENDANT (412) 281-1725
12. 1 acknowledge recelpl of the writ I SIGNATURE of AulholUed ACED Deputy or Clerk and Title I 13. Date Received I Ia. Eaprralnn I Hearing dale
or complaint as Indicated above.
15 . 1 hereby CERTIFY and RETURN that t : I have personalty served. " have served person in charge, I I have legal ev dome of service as shown in' Remarks" (on reverse)
n have posted the above described property with the will or complaint described on the individual, company, co,poratan, etc. at the address shown above or on the
individual, company, corporation, etc., al the address Inserted below by handingror Posting a TRUE and ATTESTED COPY thavof.
to. ']LI hwsbv eeniN and return a NOT FOUND because I am unable to locate the Individual. mmunv. woroolon, etc.. named above IS" remarks below)
17. Name and late of mrodual served Is A Woo of eudaow ago aro d,avret.a. Read Order
nrM "a vj M rM dareMFM'a V Wal
Piave = abort 1.
ts. Address of whars served (complete only if different than shown above) (Street ot R FO. Apartment No , City, Boro, Two , 20 0910 of Service 21 Time
State and ZIP CODE(
REMARKS: Defendants may be residing at Call Box 3002, Suite 205,
Alturas de Rio Grande, P.R. 00741
22. ATTEMPTS Data M11" Dep.lnt. Dab Miles 00p.lnt. Date Mlles 00p.lnt. Bete Miles oeo.lnl. Dm Mlles 00p.lnt.
23. Advance Coats 21. ZS. ?a 27. Total Cools 20 fIMIDIDUD011 REFUND
S.00 Fm.Sherif 126451 $21.00 Pd. 12/3/99 $54.00 Ck. #2812
$7.
SO ArBWER.
?
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AFFIRMED and subscrilbed to before me this N/A sJ _
n
'
7;Q
e, IMi6Mlo.p? Tuwrdh IPwa w No,l or
Richard S
Keefer Dale
12/1/99
day of to .
Os1atue of Shorn
RAYM) W. Nlls' LM Data
12/1/99
Pro 0 arygaWryMaary Port SHERIFF OF ADAMS COUNTY
MV COMMISSION EXPIRES
1 ACKNOWLEDGE RECEIPT OF THE SHERIFFI RETURN SIGNATURE 39 Dab Received
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
PROTHONOTARY
In The Court of Common Pleas of Cumberland County, Pennsylvania
National city mortgage, Co.
VS.
Antonio Mojica, Sr., at. al.
Serves Rebecca E. Mojica No. 99-6367 Civil
Now, lo/29/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Adams
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to _
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
Sworn and subscribed before
me this _ day of , 19
19_, at o'clock M. served the
COSTS
SERVICE S
MILEAGE
AFFIDAVIT
S
In The Court of Common Pleas of Cumberland County, Pennsylvania
National City Mortgage, Co.
VS.
Antonio Mojica, Sr., et. al.
Serve: Antonio Mojica, Sr. No. 99-6367 Civil
Now, inl2 g t a a , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Adams County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sherifrof Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this _ day of , 19
19_, at o'clock M. served the
copy of the original
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
County, PA
S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO.,
CIVIL DIVISION
NO. 9q -103 •-2 Plaintiff, il?j
COMPLAINT IN MORTGAGE
FORECLOSURE
VS.
ANTONIO MOJICA, SR. and REBECCA
E. MOIICA, 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
Me (;OFY FROM RE00FO (412) 281-1725
IS T t W whereof, I here unW SK my !?
lpkle cU ?l1=rtlsle, P!W
?
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 TI-IE COURT YOUR DEFENSES
AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINSTYOU. 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 '111114 PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGH'T'S IMPORTANT" I'O
YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 114 YOU
SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW 1'0 FIND OUT WIIERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LIAR ASSOCIA'T'ION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P.
Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for
its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the
Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive,
Miamisburg, OH 45342.
2. The Defendant(s) is/arc individuals with a last known mailing address of 4033 Carlisle
Road, Gardners, PA 17324. The property address is 4033 Carlisle Road, Gardners, PA 17324 and is the
subject of this action.
3. On the 15th day of September, 1997, in consideration of a loan of Seventy-One Thousand,
Nine Hundred Sixty-Three and no/100 ($71,963.00) 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 22nd day of September, 1997, in the
Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1406, page 28. 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
t'
5. Said mortgage provides, inter alia: ;M1
"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 Icnns, conditions
or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of
Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest
and all other recoverable sums, together with attorney's fees,"
6. Since April 1, 1999, 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 suns is title 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 itenlred on the attached schedule.
9. Plaintiff does hereby release the persona) 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 Eighty= rwo Thousand, Two Hundred Twenty-Seven and 39/100
Dollars ($82,227.39) with interest and costs.
Respectfully submitted,
LOUIS 11. VI171 & ASSOC., P.C.
Louts I'. Vitti. Esquir,
Attorney for Plaintiff
Mojica, Antonio
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
Interest ® 7.5000% from 03/01/99 through 10/31/99
(Plus $14.5816 per day after 10/31/99 )
Late charges through 10/01/99
0 months ® 20.13 0.00
Accumulated beforehand 144.66
(Plus $20.13 on the 17th day of each month after 10/01/99 )
Attorney's fee
Escrow deficit
(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 sheriffs
sale)
BALANCE DUE
70,963.97
3,557.92
144.66
3,548.20
4,012.64
H2.227.39
.^,c11rvu Lc c
In. vcrI LWO
1•prov+•u,tn tl.Pen
Pit. that a+11.1.1 tPtt OL 1ruJ .Ilb it,.
.Pa In lllCtlna OU 70.11111{1, , C1.4r rlmul county,
Ct.J lLUnu
Yu'n.yl van U. naun;trd .!,d Ja ac rJ rn ltlulr re drar?.ylhallau[v ay
ul• icy IAaU/ 4W V. Y+. InC.. .
'Jnc•.':51 `?Ieli.4lrroc lni lc.n rrJ ncorJa r'•. Ot!!c. U1 P +n
I
Ordll4NlN0 OL n 1,016 it- the cuntrtl lil. •f ,.o r.. Yf ruauora andn
Nn. ]4 nl cmn+r of lanJ nn. or to r.rcl7• of
.it.. hlch {'ri.1t At the place oI h"I'd al"aut to S e ala bs tie carder Of
co fro"
tlu 1'r ltl 1111A, I-IlL to Ja At"c" Pro ter and. ltal l ten hY
raid t11nt At (I .I U,V.dct rill c r ,q I on le conveyed ton JrwulE of
.aid Tain f ro...t ,.III .lt" L aLth I Jeg reea 77 elnatea i1 +e land enrt, n
dletnnc. nt 101.46 fet AL athr.1ca irlong1311.nat Io"I 1[.taln4d by
by r1111, e a. .eldu.t.
th+ naid [Irln n. urldnr r. et al. tl'e Inl lo.Lle dl?tancenof 17'1
dlat euca+, .nuts 11 Jrgrr.e 1. ,,1 11 An cart.
felt to on Ir an VII'a; For t1, 61 Jeg trey 52 mluuc en 71 necundn
Neal. „ dial",I Ll ,, of 114.17 La.t tun Iw 1 0. In t he eentrcllue or
.+ld I'annayl v.nl nl n an I. I P hr1¢e along t l fill'- at
Jegree V nnuv 66
..1J aun+yl vn. anatnt. r 1, No. N , ^cth 11 . U I I,i
f
urennd. FA. t. A III ..Kr Ot &.I.• fear. loo Volnl at th. plnc. at
I
tbUwvn
melted It ,bdliln9111 mdp, 151 wllnl Ir rt dud bnv lu•1
17 IIR111'1 t, nn++ ttna't It INIJ .hlcb V-1-ay It. It..,ltt And In,
r nnJ Jn Nd Urco,dana 1. Iun6 and
Il rnr P. In. it, lien vita, LY J
l.rntdrJ In it... Itncc•nl.: at U. e,lu Patel 10 x4,1.11 [u1tn 11.IJ1tv`v eyed
e lu ^vnJ IWn. I
rvni'uyl...,n l P
' I•n11111, u, u'cI'.""' "^I Ue1YI L. IJ chalun, b1uWn?1 nnJ
vlf^
EXHIBIT''
VERIFICATION
AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true
and correct to the best of his knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the pleading
is submitted by counsel having sufficient knowledge, information and belief based upon the
information provided him by the Plaintiff.
Dated: October 15, 1999
k1'0VW2 C011XV,
2NEVILL
v 1:
OFFfC,OF r"E
RECEIVED SHcRlFF
cc? Wr
1999 NOV -5 A II: 4T 19 2 4Q PN '99
CA; Lr-
PENNSY LVANIA
SHERIFF
ADAMS COUNTY
a 3R
{i ry g
r ?5
i
?. ;..yx••nK4
„N
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO.,
CIVIL DIVISION
NO. GJf -G3?7 CcZA;J
Plaintiff,
VS.
ANTONIO MOIICA, SR. and REBECCA
E. MOIICA, husband and wife,
Defendants.
In rTRW WPY FMM RECOPM
and ewrq' whereof, l here attlo fet.my hw
of I Cou CirllSte, Pe.
Y 19.1,.
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
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 Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P.
Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for
its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the
Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive,
Miamisburg, OH 45342.
2. The Defendant(s) is/are individuals with a last known mailing address of 4033 Carlisle
Road, Gardners, PA 17324. The property address is 4033 Carlisle Road, Gardners, PA 17324 and is the
subject of this action.
3. On the 15th day of September, 1997, in consideration of a loan of Seventy-One Thousand,
Nine Hundred Sixty-Three and no/100 ($71,963.00) 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 22nd day of September, 1997, in the
Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1406, page 28. The said
mortgage is incorporated herein by reference thereto as though the same were set forth fully at length.
4. The premises secured by the mortgage are:
SEE EXHIBIT "A" ATTACHED HERETO
5. Said mortgage provides, inter alia:
"that when as soon as the principal debt secured shall become due and payable, or in
case default shall be made in the payment of any installment of principal and interest, or any
monthly payment, keeping and performance by the mortgagor of any of the terms, conditions
or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of
Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest
and all other recoverable sums, together with attorney's fees."
6. Since April 1, 1999, 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 Eighty-Two Thousand, Two Hundred Twenty-Seven and 39/100
Dollars ($82,227.39) with interest and costs.
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P.C.
Louis P. Vitti, Esquin
Attorney for Plaintiff
MOjica, ilntonio
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 70,963.97
Interest cQ 7.5000% from 03/01/99 through 10/31/99 3,557.92
(Plus $14.5816 per day after 10/31/99
)
Late charges through 10/01/99
0 months C3a 20.13 0.00
Accumulated beforehand 144.66 144.66
(Plus $20.13 on the 17th day of each month after 10/01/99 )
Attorney's fee
3,548.20
Escrow deficit
(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 sheriffs
sale)
BALANCE DUE 82,227-39
9CUMVI.C C
Ineucrlpt fool
Atl. that. ce[b Lr tract of land lcb flu t r+nellte liana"
n :n Illcklnrou 'fo•il+ld p, tw•brrlnnJ Cnunr.s
nct+J eltuN
in ?rvey
fel
{n .airy"n- . uurl•rya .slidcJ?.s rJ rnfc ufseaid dnlrvey / l
rI r.oulaJ In U,+ 1er•lu•f ter u•+.d 1.eorJ+r'e office in 1.1411
p"011: 75, {'a'le 119, no Col lc•.r
nt Jn .e allL yf raeuar•n
Nn, l n J
)12 tlcara. rt of jvndt nolw oirr[otl+rrll'l of
wife. •"I C Whit It tie place of tel Inning le 8140 tie corner ut
tie with lnl CUUtora e to Jame. V. Pro.• [ sndu•irelh tleucoatrcm y
mid point at the place of Ceg inn lug .long the Louth"rn Ilan of
old trlangu tar shelled tract ahvut to bn conveyed d"ee y..
Pro.. or nn,, wire. Coutn nl degrees 77 mluute• )p .ec onJ• Cnat, n
.tnnc+ of !01.14 tech t o an iron pips In line of laud retained
ath!nce slang line of Ian,, retalued by
by tltln of +leldnel, at
tie Wald Clsln Il. nrtdne r, et "1, the fnllo.lllg two Mesea and
distance+1 snuth ]1 deg rare 15 whlutnn neat, a distance of 11'1
feet to an Iran pipe) No[[h 45 lie Itee. 52 nduutes 21 necuml,
neat, 11 dial once of l1/.J7 fait w n Wllll In the ee ntrA lue of
a+lJ Prwuyl van In nrnK! No. )11 11111,11 e 11 d<g reeo u111nlmeea ?6
as ld Peun.y Ivan lx Nnute No. )1. olut at the plnc!•oC
urea",,. ye.t, n Jl Ot ante of IU` fee! to a
V0
pR^+I Ntlj lid, CCI[fR1111 Vd 70.0151 a Wall, Ctrl null hnvlug thcrcuu
e... tell n rbrjling he,mr.
j? hR,ly1't'hnl ri '"'?lfn?lby rrim,d 11011,411 ecamhni 1, IIVIr.caml ul
11 11 Cnu "t u,'Iml , 1.0111t.
r+rnl Jed lu Um Nncct+l•[ It t1.er1. uatet1a4/,l•g nulc,d laud tcnY.Yed
Ibuuuylrarllu In II^tnlJ Itnak 1'12• 1 I
. I•bl 11 II. n. 411 d?wow nnJ Cl,rlyl L. hill, llln by vnmol and
wlf^.
rV EXHIM 6LS
VERIFICATION
AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true
and correct to the best of his knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the pleading
is submitted by counsel having sufficient knowledge, information and belief based upon the
information provided him by the Plaintiff.
Dated: October 15, 1999
UVw2 COn;sl;,
2HEVILL
Iddd N?!. -2 d II•
LM I
atE 311
T
,
°c;E 0?
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t
' RECEIVED Ptl `g9
3 oa
. r
1999 NOV -5 A Ii- 55 '"'; aNIA
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PENN:
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COUNTY
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