HomeMy WebLinkAbout01-6117IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE
COMPANY,
Plaimiff,
VS.
CIVIL DIVISION
NO.
COMPLAINT IN MORTGAGE
FORECLOSURE
SCOTT W. SHEARER
Defendant.
Code - MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D./93810
Supreme Court//01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
COMPLAINT IN MORTGAGE FORECLO~URF.
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 1N MORTGAGE FORECLOSUR F,
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 Plaintiffis 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,
Miarnisburg, Ohio.
2. The Defendant(s) is/are individuals with a last known mailing address of 1894 Esther
Drive, Carlisle PA 17013. The property address is 126 Liberty Avenue, Carlisle, PA 17013 and is the
subject of this action.
3. On the 30th day of September, 1998, in consideration of a loan of Fifty One Thousand
Four Hundred Thirty One and 00/100 ($51,431.00) Dollars made by National City Mortgage Company, a
n Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage
Company, an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and
National City Mortgage Company, as mortgagee, which mortgage was recorded on the 2nd day of October,
1998, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1487, page
82. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully
at length.
4. The premises secured by the mortgage are:
SEE EXHIBIT "A" ATTACHED HERETO.
5. Said mortgage provides, inter alia:
"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 May 1, 2001, the mortgage has been in default by reason, inter alia, of the failure
of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest)
and, under the terms of the mortgage, the entire principal sum is due and payable.
7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania
Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to
foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been
served upon the mortgagor(s).
8. The amount due on said mortgage is itemized on the attached schedule.
9. Plaintiff does hereby release the personal representative, heir and/or devisee of the
mortgagor(s) from liability for the debt secured by the mortgage.
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff
demands judgment for the amount due of Fifty Seven Thousand Nine Hundred Thirteen and 10/100 Dollars
($57,913.10) with interest and costs.
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P.C.
BY
Louis P. Vitti, Esquire
Attorney for Plaintiff
SHEARER
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
Interest 7.3500% from 04/01/01 through 10/31/01
(Plus $10.0979 per day after 10/31/01 )
Late charges through 10/23/01
0 months @ 17.65
Accumulated beforehand
(Plus $17.65 on the 17th day of each month after
10/23/01 )
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 sheriff's
sale)
BALANCE DUE
50,146.11
2,150.86
105.90
2,507.31
57,913.10
18-19-81 t4:19 PREMIER b ~TRACT ID=71' ~1.3S398 P88/88
LEGAL DEsCRIPTION
ALL THAT CERTAXN 9ar= of lot Of ground Situate on Liberty
All~y in =he borough o~ Carlisle, County o£ Cumberland and Stats
of Pen~sylvania. adjoining a lot o~ ~round on =he West now or
of =he hears of Mary Johnston, on the Seuuh by a lot o~ ~round
now =he Se~hel A.M.E. Church; on ~he Ea~= by property n~w or of
~_h~ l&~a John Tyre; on =he Nor~% Dy Liberty Allsy; containing 15
~eet inbreed=h, more o= les=, and 120 f~e= in depth, mor~ Or'
less; w~th the liberty of the right of way =o ~et wacer from a
well or ~ump of water on ~he property now or late of Henry zeitz,
and =he liberty of an alley adjoining the same, Bein~ improved
with a small bric~ 'dwelling house, being No. 126 ~iberty Alley.
BEING TH~ SAME PREMISEs WHIC~ Brijln J. Raymond, n/k/a Brijan
Ray~ond Bowermaster and ~ary E. Raymond and Patricia M2nRa~ond'
by their deed ~o be recorded simultaneously herewith, ' the office
of =he Racer=er of Deeds of Cumberland County, granted and conveyed
unto Scot= W. Shearer.
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.
louis P. Vitti
Dated: October 23, 2001
SHERIFF'S RETURN
CASE NO: 2001-06117 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE COMPANY
VS
SHEARER SCOTT W
- REGULAR
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
S~EARER SCOTT W the
DEFENDANT , at 1605:00 HOURS, on the 31st day of October , 2001
at 1894 ESTHER DRIVE
CARLISLE, PA 17013
DORIS GLUNT, MOTHER
a true and attested copy of COMPLAINT
by handing to
- MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this ~ day of
~~ ~-M;~/ A.D.
/-/ Prothonotary ~ '
So Answers:
R. Thomas Kline
i /01/200
LOUIS VITTI
' Deputy Sh~,/riff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CIVIL DIVISION
COMPANY,
NO. 01-6117 CIVIL TERM
Plaintiff,
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
VS.
SCOTT W. SHEARER,
Code MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA 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,
NO. 01-6117 CIVIL TERM
VS.
SCOTT W. SHEARER,
De~ndant.
PRAECIPE FOR DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Enter judgment in Default of an Answer in the amount of $58,892.60, in favor of the
National City Mortgage Company, Plaintiff in the above-captioned action, against the Defendants,
Scott W. Shearer and assess PlaintilTs damages as follows and/or as calculated in the Complaint:
Unpaid Principal Balance
Interest from 04/01/01-02/05/02
(Plus $10.0979 per day after 02/05/02)
$50,146.11
3,130.36
Late charges (Plus $17.65 per
month from 10/23/01-06/05/02 $123.55)
105.90
Attorney's fee
2,507.31
Escrow Deficit
(Plus any additional charges that may be
incurred by the Plaintiff and transmitted
to the sheriff as charges on the writ prior
to the date of the sheriffs sale)
Total Amount Due
The real estate, which is the subject matter of the Complaint, is situate in Carlisle
Boro, Cumberland Cty & Cmwlth of PA. HET a dwg kJa 126 Liberty Avenue, Carlisle, PA 17013.
Parcel No. 03-21-0320-040.
Louis P. Vitti, Esquire
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY, :
Plaintiff, :
VS.
SCOTT W. SHEARER,
Defendant.
NO. 01-6117 CIVIL TERM
CERTIFICATION OF MAIl,lNG
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 25, 2002, giving ten (10) day notice that judgment
would be entered should no action be taken.
LOUIS P. VITTI & ASSOCIATES, P.C.
BY:
L"~ui('P Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 5th day
_~c~;~ ~ a. ~ ~ p~
~n~
Not~ P~c ~ /
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
Plaintiff,
VS.
SCOTT W. SHEARER,
Defendant. :
IMPORTANT NOTICE
NO. 01-6117 CIVIL TERM
TO: Scott W. Shearer
1894 Esther Drive
Carlisle, PA 17013
Date of Notice: January 25, 2002
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT 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
BY:
~uis ~t~i, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.**
1N 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 An-ny 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 heroin 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.
Louis P. Vitti, Esquire
SWORN to and subscribed
before me this 5th day
of February, 2002.
~,'T~i,,., Pe~.~a Ar, soc~on o~ r,~otaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
VS.
SCOTT W. SHEARER,
Plaintiff,
Defendant.
NO. 01-6117 CIVIL TERM
AFFIDAVIT
I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Company am
familiar with the above-captioned case and various servicing activities related thereto and that the
provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been
complied with in the above-captioned case.
Louis P V~tt~, Esqmre
Attorney for Plaintiff
SWORN to and subscribed
before me this 5th day [" ~ota~ se*l I
I Cher~d B, Edle~, _Notary Public
I
of February, 2002. [.~ ~ ~~00~
M~ber, ~n~ ~ ~ ~tari~
0 o 0
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
Plaintiff,
NO. 01-6117 CIVIL TERM
VS.
SCOTT W. SHEARER,
Defendant. :
AFFIDAVIT PURSUANT TO RULE 3129.1
National City Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for
the Writ of Execution was filed the following information concerning the real property located at 126
Liberty Avenue, Carlisle, PA 17013.
1. Name and address of Owner(s) or Reputed Owner(s):
Nanle~
Scott W. Shearer
Address (Please indicate if this
cannot be reasonably ascertained)
1894 Esther Drive
Carlisle, PA 17013
Nanle:
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 known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Nanle:
Address (Please indicate if this
cannot be reasonably ascertained)
None
Name
None
4. Name and address of the last recorded holder of every mortgage of record:
Address (Please indicate if this
cannot be reasonably ascertained)
Name
None
5. Name and address of every other person who has any record lien on the property:
Address (Please indicate if this
cannot be reasonably ascertained)
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 Plaintiffhas knowledge who has any
interest in the property which may be affected by the sale:
Nanle
Tax Collector of Carlisle Borough
c/o Darlene Moyer
Borough of Carlisle
Water & Sewage Dept.
Con'anonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
Court of Common Pleas of
Cumberland County
Domestic Relations Division
Address (Please indicate if this
cannot be reasonably ascertained)
P.O. Box 128
Carlisle, PA 17013
53 West South Street
Carlisle, PA 17013
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
P.O. Box 320
Carlisle, PA 17013
Bureau of Compliance
Tenant/Occupant
Clearance Support Section
Dept. #28123O
Harrisburg, PA 17128-1230
Attn: Susan Blough
126 Liberty Avenue
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Februarv 5.2002
Date
~L'~ouiff~. Vitti, Esquire
Attorney for Plaintiff
SWORN TO and subscribed
before me this 5th day I ~ota~ ,~t
I Cheryl B. E~er, Notm'y Public
of February, 2002. [M, co~ ~..~c~ ~oo2
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Scott W. Shearer
1894 Esther Drive
Carlisle, PA 17013
AND: ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in Cumberland County Courthouse on June 5, 2002 at 10:00 A.M., the
following described real estate, of which Scott W. Shearer are owners or reputed owners:
Carlisle Boro, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 126 Liberty Avenue, Carlisle, PA
17013. Parcel No. 03-21-0320-040.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Mortgage Company vs. Scott W. Shearer at No. 01-6117 Civil Term in the amount of
$58,892.60.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the 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 falling 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 sfficken if the Sheriffhas 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 of the Sheriff.
Louis ~. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY, :
:
Plaintiff, :
VS.
SCOTT W. SHEARER,
Defendant.
NO. 01-6117 CIVIL TERM
LEGAL DESCRIPTION
ALL THAT CERTAIN part of lot of ground situate on Liberty Alley in the Borough of Carlisle, County
of Cumberland and State of Pennsylvania, adjoining a lot of ground on the West now or late of the heirs
of Mary Johnston, on the South by a lot of ground now the Bethel A.M.E. Church; on the East by property
now or of the late John Tyre; on the North by Liberty Alley; containing 15 feet in breadth, more or less,
and 120 feet in depth, more or less; with the liberty of the fight of way to get water fi.om a well or pump
of water on the property now or late of Hemy Zeitz, and the liberty of an alley adjoining the same, Being
improved with a small brick dwelling house, being No. 126 Liberty Alley.
PARCEL NO. 03-21-0320-040.
HAVING erected thereon a dwelling known as 126 Liberty Avenue, Carlisle, PA 17013.
BEING the same premises which Brinjin Raymond Bowermaster f/k/a Bfijin J. Raymond, married person,
and Gary E. Raymond and Patricia M. Raymond, husband and wife, by deed dated 09/30/1998 and
recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed
Book Volume 186, page 585, granted and conveyed unto Scott W. Shearer, single.
IN RE:
UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SCOTT W SHEARER } Case No: 1-01-05609
Debtor }
~~ }
NATIONAL CITY MORTGAGE
Movant
SCOTT W SHEARER
.. Respondent
LEON P-HALLER
Trustee
ORDER OF COURT
AND NOW, to-wit, this~11_~__]day of ~'-'~Sh.r~U ~ C7 ,~.t:~zt.~ based
upon the Motion submitted and attached hereto, it is hereby Ordered,Adjudged and Decreed and
determined that the Motion is granted.
Movant, shall be and is hereby permitted to proceed and continue with an action
in mortgage foreclosure and is hereby permitted to levy and Sheriff Sale the property above
described and located at 126 Liberty Avenue, Carlisle, PA 17013 to pursue its remedies under
state law in connection with the subject note and deed of trust/mortgage.
BY THE COURT:
ROBERT J. W00DSIDE
CHIEF BANKRUPTCY JUDGE
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CIVIL DIVISION
COMPANY,
NO. 01-6117 CIVIL TERM
Plaintiff,
PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
VS.
SCOTT W. SHEARER,
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 COMPANY,
Plaintiff,
VS.
SCOTT W. SHEARER,
NO. 01-6117 CIVIL TERM
Defendant.
PRAECIPE FOR WRIT OF
EXECUTION IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the
above-captioned matter as follows:
in:
Amount Due
Interest 02/06/02-06/05/02
Total
$58,892.60
The real estate, which is the subject matter of the Praecipe for Wr/t of Execution is situate
Carlisle Boro, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 126 Liberty Avenue, Carlisle, PA
17013. Parcel No. 03-21-0320-040. ·
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML DIVISION ..........
PRAECIPE FOR WRIT OF ~(ECUTION
Caption:
: ( ) Confessed Judgment
National City Mortgage Company,
vs.
Scott W. Shearer,
: ( ) Other
: File No. 01-6117 Civil Term
: Amount Due $58,892.60
: Interest 1.211.75
: Atty's Comm
: Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the be!owdoes not arise out of a r~tai]
installs_hr sate, contract, or account based on a confession of judgment, but if it does,
it is b~sed on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter .to the Sheriff of Cumberland
County, for debt, interest and costs u~on the following described ~roperCyof the
defendant(s) ,
See attached Legal Description.
PRAE~LPE FOR A%~fACI-IM~N~ EXECUTION
Issue writ of attachrent to the Sheriff of Cumberland County, for debt,
interest and costs, as above, d~ecting attac_hroent against the above-netted garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four'
copies of lengthy personalty list)
and ali other property of the defendant(s) in the possession, custody or Control of the
said garnishee(si.
(Indicate) Index this writ against the garnishee(s) as a lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: February 5, 2002 Signature:~~
Print Name:
.~ddress:
for:
Louis P. Vitti
916 Fifth Avenue
Pittsburgh, PA 15219
Plaintiff
/e!e~home: (412) 281-~$
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
Plaintiff,
NO. 01-6117 CIVIL TERM
VS.
SCOTT W. SHEARER,
Defendant.
LEGAL DESCRIPTION
ALL THAT CERTAIN part of lot of ground situate on Liberty Alley in the Borough of Carlisle, County
of Cumberland and State of Pennsylvania, adjoining a lot of ground on the West now or late of the heirs
of Mary Johnston, on the South by a lot o£ground now the Bethel A.M.E. Church; on the East by property
now or of the late John Tyre; on the North by Liberty Alley; containing 15 feet in breadth, more or less,
and 120 feet in depth, more or less; with the liberty of the right of way to get water fi.om a well or pump
of water on the property now or late of Henry Zeitz, and the liberty of an alley adjoining the same, Being
improved with a small brick dwelling house, being No. 126 Liberty Alley.
PARCEL NO. 03-21-0320-040.
HAVING erected thereon a dwelling known as 126 Liberty Avenue, Carlisle, PA 17013.
BEING the same premises which Brinjin Raymond Bowermaster f/k/a Brijin J. Raymond, married person,
and Gary E. Raymond and Patricia M. Raymond, husband and wife, by deed dated 09/30/1998 and
recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed
Book Volume 186, page 585, granted and conveyed unto Scott W. Shearer, single.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
Plaintiff,
VS.
SCOTT W. SHEARER,
Defendant. :
NO. 01-6117 CIVIL TERM
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 1894 Esther Drive, Carlisle, PA 17013.
Louis'P. Vitti, Esquire
SWORN TO and subscribed
before me this 5th day of
February, 2002.
Member, ~nns~an~ ~ ~ ~ta~
Not~ Pu~
NATIONAL CITY MORTGAGE
COMPANY,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff,
VS.
Defendants.
SCOTT W. SHEARER,
No. 01-6117 CIVIL TERM
AFFIDAVIT OF SERVICE
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 COMPANY,
VS.
SCOTT W. SHEARER,
Plaintiff, :
:
Defendants. :
NO. 01-6117 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Audra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon
all lien holders by Certificate of Mailing for service in the above-captioned case on February 12,
2002, advising them of the Sheriffs sale of the property at 126 Liberty Avenue, Carlisle, PA
17013, on June 5, 2002.
SWORN to and subscribed
before me this 7th day
LOUIS P. VITTI & ASSOCIATES, P.C.
U.S. POSTAL SERVICE _~J=~I'I~lnATE O~: M~,ILING Rmx fee here in stamps
MAY BE USED fO~ DOMESTIC A~~~ ~ '- ~or me er postage
PROVIDE FOe INSURANCE--POST~ b[~ ~L~ ~ ~( iark. Inquire of
- ' ~: ~ ~J.t . ~ster for cu~ent
Received From: /~' ~.~T~-- ' lJ fee. T;
LOUIS R Vl~l ~A~C~I ~ 0.7 5
PI~SBURGH,TA 15~52~ ~ u.S. Pos (412) 281-1725
One piece of ordina~ mail addressed to:
TenanL/~cupa~L
~26 L[be:[y Avenue
~ Form 3817, Mar. 1989 A.J./~eate:/06-05-02
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix
Received Fro : ~ " ~ ~ fee.
L0b% P.
(412) 281-1725
One piece of ordina~ mail addressed to:
Bu:eau o~ ~p[~ance
A:c~: Susan
Clearan~ Sup~rt Sectio~
~pt. ~281230 ? ......
~rris~rg, PA 17128-12~
Affix fee here in stamp~
)tar postage end
~ark. Inquire of
i.~ter for curr~nt
PS Form 3817, Mar. 1989 A.J./Shearer/06-05-02
u.S. POSTAL SERVI~:E C~~ILING ,.,A,ff;
MAY BE USED FOR DOMESTIC AN~I~I~I~. ~Ll~l~_(j~m~=
~OVIDE FOR INSURANCE--POSTUrER -~P~~ ~
Received From: ~ ~E~,2'0~ ~ ~ ~ ,
fee.
LOUIS
VI~I
&
p~SBUR~H, PA !52!9 .... _ ~
(412) ~1-1725
~ piece of ordinary mail addressed to:
~urt of ~,,,on Plus C~rland Cty "~
~estic Relati~s Division
P.O. ~x 320
~rlisle; PA 17013
PS Form 3817, Mar. 1989 A. J/Shearer/06-05-02
Affix fee here in stampe
)tar postage and
II~rk. Inquire of
r~er for current
. ~i,~¢~
(412) 281-1725
One piece of ordinary mail addressed to:
Clerk of Courts
_Criminal/Civil Division
___~e Courthouse Square
Carlisle, PA 17013
PS Form 3817, Mar. 1989 A.j./Carlisle/06_05_02
(412) 281-1725
One piece of ordinary mail addressed to:
__Commonwealth of PA - DPW
P.O. Box 8016
_Harrisburg, PA
PS Form 3817, Mar. 1989
tffix fee here in stamp~
tar postage and
rk. Inquire of
er for current
Affix fee here in stampe
J,_..~e,?r postage
~-~rk. Inquire of
'~ er for cu~nt
A. J,/Shearer/~02
U.S. POSTAL ~F~RVt(~I~ CERTIFICATE OF MAIUNG
MAY BE USED FOR DOMESTIC AND INTERI~_TIr~-~
PROVIDE FOR INSURANCE--POSTMASTER'~~*~I~
PI~RRURGH, PA~
(41 ~) 281-1725
One piece of ordinary mail addressed to:
Tax Collector of Carlisle Borough
c/o Darlene Moyer
P.O. Box 128
Carlisle, PA 17013
PS Form 3817, Mar. 1989 A.J./Shearer/06-05-02
i~S POSTAL SERVICE CERTIFICATE OF MAILING
~ BE USED FOR DOMESTIC
PROV DE FOR INSURANCE--POS~'I~, ~3:[R~ LY~'~-~-'"w~ m~'' ~
L0U S.
PI~RRI IRG~A 1 5~9521 I
(412) 281-1725
One pieca of ordinary mail addressed to;
~orough of Carlisle
Water & Sewage Dept,
53 West South Street
Carlisle, PA 17013
PS Form 3817, Mar. 1989 A. J/Shearer/06-05-02
Affix fee here in stamp~
or meter postage and
i. It~Rark Inquire of
AG
STATE OF PENNSYLVANIA, ~
COUNTY OF CUMBERLANDI ss.
I, Robert p Ziegler
............................................................................. Recorder of
Deeds in and for mid County and State do'he~-by certify that the SherifPs Deed in which ................
National City Mtg Co
.................................................................................... h the grantee
5th
the sa,me having been sold to s~d grantee on the
............................................... da)' of
............ _J_u.n_e_ ....................... A. D., :' 02
..... , under and by virtue of a writ ..............
Execution 8th
................................................ hsued o~ the .....................................
~y of Feb 02
.......................... A.D., ..... ~ °ut °f the Court of Comman Pleas of said County'as of
Civil
O1
................................................................................... Term, i ......
N g 6117 National City Mtg Co
umoer .............. , at the suit of ...............................................................
Scott W Shearer
................................... against .................................................... is
duly recorded in Sheriff's Deed Book No ..... _2_~_ _2 .... , Page ............. 16 2 6
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this ......... day
....... .
National City Mortgage Company
VS
Scott W. Shearer
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-6117 Civil Term
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on February 27, 2002 at 3:22 o'clock pm, EST, he served a true copy of the within Real
Estate Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Scott W. Shearer, by making known unto Doris Glunt, mother of
defendant, at 1894 Esther Drive, Carlisle, Cumberland County, Pennsylvania, its contents
and at the same time handing to her personally the said true and correct copy of the same.
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
states that on April 5, 2002 at 2:44 o'clock P.M., E.S.T., he posted a true copy of the
within Real Estate Writ, Notice, Poster and Description, in the above entitled action,
upon the property of Scott W. Shearer located at 126 Liberty Ave., Carlisle,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Scott W. Shearer, by regular mail to his last known address of 1894
Esther Drive, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002
and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on June 5, 2002 at 10:00 o'clock A.M.. He sold the same for the sum of
$1.00 to Attorney Louis P. Vitti for National City Mortgaeg Co. It being the highest bid
and best price received for the same, National City Mortgage Co. of 3232 Newmark
Drive, Miamisburg, OH 45342, being the buyer in this execution, paid SheriffR. Thomas
Kline the sum of $673.04, it being costs.
Sheriff's Costs:
Docketing $30.00
Poundage 13.20
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 6.90
Certified Mail .84
Levy 15.00
Surcharge 20.00
Law Journal 242.15
Patriot News 193.75
Share of Bills 25.20
Distribution of
Proceeds
Sheriff's Deed
25.00
29.50
$673.04 paid by attorney
06/19/2002
Sworn and subscribed to before me
This /2 ~ day of
2002, A.D. (~ t~_~ ~).
Pre~thonotary
So Answers:
R. Thomas Kline, Sheriff
Real Esta'te~Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY, :
:
Plaintiff, :
NO. 01-6117 CIVIL TERM
VS.
SCOTT W. SHEARER,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
National City Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for
the Writ of Execution was filed the following information concerning the real property located at 126
Liberty Avenue, Carlisle, PA 17013.
1. Name and address of Owner(s) or Reputed Owner(s):
Name:
Scott W. Shearer
Name:
Address (Please indicate if this
cannot be reasonably ascertained)
1894 Esther Drive
Carlisle, PA 17013
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 known address of every judgment creditor whose .judgment is
the real property to be sold:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
a record lien on
None
Name
None
Name
None
4. Name and address of the last recorded holder of every mortgage of record:
Address (Please indicate if this
cannot be reasonably ascertained)
5. Name and address of every other person who has any record lien on the property:
Address (Please indicate if this
cannot be reasonably ascertained)
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:
Nalne
Address (Please indicate if this
cannot be reasonably ascertained)
None
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name
Address (Please indicate if this
cannot be reasonably ascertained)
Tax Collector of Carlisle Borough
c/o Darlene Moyer
P.O. Box 128
Carlisle, PA 17013
Borough of Carlisle
Water & Sewage Dept.
53 West South Street
Carlisle, PA 17013
Commonwealth of PA -DPW
P.O. Box 8016
Harrisburg, PA 17105
Clerk of Courts
Criminal/Civil Division
One Courthouse Square
Carlisle, PA 17013
Court of Common Pleas of
Cumberland County
Domestic Relations Division
P.O. Box 320
Carlisle, PA 17013
Bureau of Compliance
Tenant/Occupant
Clearance Support Section
Dept. #281230
Harrisburg, PA 17128-1230
Attn: Susan Blough
126 Liberty Avenue
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
February 5.2002
Date
~oui~. Vitti, Esquire
Attorney for Plaintiff
SWORN TO and subscribed
before me this 5th day [ ~otari~ Sm
I C~eryl B. E~lor, Notary Public
I Pittsl~Jrflh Allegheny ~n~
o f Febm~, 2002. [ My ~mm ssTofi Ex~ ~ne 1 O, 2~2
M~ber, PennsyNanta ~ of No,ties
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Scott W. Shearer
1894 Esther Drive
Carlisle, PA 17013
AND: ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in Cumberland County Courthouse on June 5, 2002 at 10:00 A.M., the
following described real estate, of which Scott W. Shearer are owners or reputed owners:
Carlisle Boro, Cumberland Cry & Cmwlth of PA. HET a dwg kJa 126 Liberty Avenue, Carlisle, PA
17013. Parcel No. 03-21-0320-040.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Mortgage Company vs. Scott W. Shearer at No. 01-6117 Civil Term in the amount of
$58,892.60.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the 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 exemise 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 fight 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 Shefiffhas 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 ~. 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 COMPANY,
Plaintiff,
NO. 01-6117 CIVIL TERM
VS.
SCOTT W. SHEARER,
Defendant.
LEGAL DESCRIPTION
ALL THAT CERTAIN part of lot of ground situate on Liberty Alley in the Borough of Carlisle, County
of Cumberland and State of Pennsylvania, adjoining a lot of ground on the West now or late of the heirs
of Mary Johnston, on the South by a lot of ground now the Bethel A.M.E. Church; on the East by property
now or of the late John Tyre; on the North by Liberty Alley; containing 15 feet in breadth, more or less,
and 120 feet in depth, more or less; with the liberty of the fight of way to get water fi'om a well or pump
of water on the property now or late of Henry Zeitz, and the liberty of an alley adjoining the same, Being
improved with a small brick dwelling house, being No. 126 Liberty Alley.
PARCEL NO. 03-21-0320-040.
HAVING erected thereon a dwelling known as 126 Liberty Avenue, Carlisle, PA 17013.
BEING the same promises which Brinjin Raymond Bowermaster f/k/a Brijin J. Raymond, married person,
and Gary E. Raymond and Patricia M. Raymond, husband and wife, by deed dated 09/30/1998 and
recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed
Book Volume 186, page 585, granted and conveyed unto Scott W. Shearer, single.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
Plaintiff,
NO. 01-6117 CIVIL TERM
VS.
SCOTT W. SHEARER,
Defendant.
LEGAL DESCRIPTION
ALL THAT CERTAIN part of lot of ground situate on Liberty Alley in the Borough of Carlisle, County
of Cumberland and State of Pennsylvania, adjoining a lot of ground on the West now or late of the heirs
of Mary Johnston, on the South by a lot of ground now the Bethel A.M.E. Church; on the East by property
now or of the late John Tyre; on the North by Liberty Alley; containing 15 feet in breadth, more or less,
and 120 feet in depth, more or less; with the liberty of the right of way to get water from a well or pump
of water on the property now or late of Henry Zeitz, and the liberty of an alley adjoining the same, Being
improved with a small brick dwelling house, being No. 126 Liberty Alley.
PARCEL NO. 03-21-0320-040.
HAVING erected thereon a dwelling known as 126 Liberty Avenue, Carlisle, PA 17013.
BEING the same premises which Brinjin Raymond Bowermaster f/k/a Brijin J. Raymond, married person,
and Gary E. Raymond and Patricia M. Raymond, husband and wife, by deed dated 09/30/1998 and
recorded on 10/02/1998 in the Cumberland County, Pennsylvania, Recorder of Deeds Office, in Deed
Book Volume 186, page 585, granted and conveyed unto Scott W. Shearer, single.
WRIT OF EXECUTION ahd/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-6117 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY,
?LANTIFF(S)
From SCOTT W. SHEARER, 1894 ESTHER DRIVE, CARLISLE, pA 17013
(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 $58,892.60
Interest $1,211.75
Atty's Con:an %
Arty Paid $103.25
Plaintiff Paid
Date: FEBRUARY 8, 2002
REQUESTING PARTY:
Name LOUIS P. VITTI, ESQUIRE
Address: 916 FIFTH AVENUE
PITTSBURGH, PA 15219
Ai~orney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 3810
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary, Civil Division
RdlL ESTATE S/~LE No, ~z
On February 15, 2002, the sher/fflev/ed upon the
defendant's interest in the real property situated in
Borough of Carlisle, Cumber/and County, PA,
known and numbered as 126 Liberty Avenue, Carlisle
and more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: February 15, 2002
Real Estate Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEws
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principa~ 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 ~ 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 were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular dai~y and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the
7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
COPY ~-~w~rn ,,~ ~.~ ~b~dbcd bcfsro ,,le ~17th day o~ay~02 A D.
S A L E 822 wnrn Notafl~Seal
Ha~s~, Dauphin County _ I /, ~/ [~~/
MyCommssonEx~resJune6 2~2 ~ ~ '' ~ - ~
~ ' I NOTARY PUBLIC
Member, Pennsylvania Association ct Notaries My commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
ESTATE 8~LE No, 22
Writ No. D001.~11'/
C'~vll Term
AI~. I~,1~ P. Vlttl
DESCRIFF1ON
~ THAT CERTAIN pazt of lot of
sim on Lil~ty, Allen ia ~ B~ of
~yl=~,l~of~o.~= Statement of Advertising Costs
~ ~ s~a ~ ~= ~ ~=d ~ ~ ~e~l To THE PATRIOT-NEWS CO., Dr.
~ ~ ~ ~o~-; ~ ~,N~ ~ Li~ For publishing the notice or publication attached
gl~;~ 1~ ~ ~ ~ ~less,
hereto on the above stated dates $ 192.00
~ 1~ f.t ia ~, ~ ~ l~s; wie e= Probating same
li~ ff ~ ~t~-way ~ ~ ~ ~ a Nota~ Fee(s) $ 1.75
well ~ prop of wa= ~ ~ ~ n~ or Im Total
~ ~ ~=, ~d ~ ~ of = ~I~ $ 193.75
~ck ~elli~ ~, ~ No. 126 ~ Publisher's Receipt for Advertising Cost
~1~.
PARCELNO, ff3-21-0320.O40. ., publisher of ~and Th n a Patdot-N w , newspapers of general
-P~v~3 ~ ~ a a,~t~g-ta~W~ ,~ e receipt of the aforesaid notice and publication costs and certifies that the same have
126 Libefl7 AVen~, Cariisle, pA i7013.
BEI~G ~ same prem~ Which B~jia
~ M, ~n~ bused ~ ~, by ~
~ ~1~8 ~ =~ on 1~1~8 ~ By ....................... ..............
of ~s ~, in ~ ~k Vol~e
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 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 26, MAY 3, 10, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 22
Writ No. 2001 6117 Civil
National Ci[y Mortgage Company
VS.
Scott W. Shearer
Atty.: Louis P. Vitti
ALL THAT CERTAIN part of lot
of ground situate on Liberty Alley in
the Borough of Carlisle, County of
Ctmaberland and State of Pennsyl
vania, adjoining a lot of ground on
the West now or late of the heirs of
Mary Johnston, on the South by a
lot of ground now the Bethel ~M.E.
Church; on the East by property
now or of the late John ~re; on the
North by Liberty Alley: containing
15 feet in breadth, more or less,
and 120 feet in depth, more or less;
with the liberty of the right of way
to get water dom a well or pump of
water on the property now or late
of Henry Zeitz, and the liberty of an
alley adjoitttllg the same, Being im
proved with a small brick dwelling
~r
SWORN TO AND SUBSCRIBED before me this
10 dayof MAY, 2002