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HomeMy WebLinkAbout01-6244IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. ,.7 ff Plaimiff, COMPLAINT IN MORTGAGE FORECLOSURE VS. TARA L. SIX and RYAN A. TROXLER, Code - MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 COMPLAINT IN MORTGAGE FORECLOSUR~ 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 (71~ 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plalntiffby its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg, Ohio. 2. The Defendant(s) is/are individuals with a last known mailing address of 104 Easterly Drive, Mechanicsburg PA 17050. The property address is 104 Easterly Drive, Mechanicsburg PA 17050 and is the subject of this action. 3. On the 30th day of June, 2000, in consideration of a loan of Eighty Two Thousand Five Hundred Ninety Eight ($82,598.00) Dollars made by National City Mortgage Company d/b/a Accubanc Mortgage, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company, an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Company, as mortgagee, which mortgage was recorded on the 5th day of July, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1623, page 740. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A" ATTACHED HERETO. 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since March 1, 2001, the mortgage has been in default by mason, 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 amonnt 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 Ninety Seven Thousand Two Hundred Ninety Four and 63/100 Dollars ($97,294.63) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. B{ / ' L~)t~is P. Vitti, Esquire ~ Attorney for Plaintiff SIX, TARA L. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest 9.2500% from 02/01/01 through 10/31/01 (Plus $20.7455 per day after 10/31/01 ) Late charges through 10/26/01 0 months @ 27.45 Accumulated beforehand (Plus $27.45 on the 17th day of each month after Attorney's fee 10/26/01 ) 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) 81,860.50 5,642.77 70.86 4,093.03 BALANCE DUE 97,294.63 ALL that certain property situate in Silver Springs Township, in the County of Cumberland and the Commonwealth of Pennsylvania, being described as follows: Parcel 38-23- 0571-190-U55 and being more fully described in a deed dated June 3, 2000 and recorded on July 5, 2000 among the land records of the County and State set forth above in Deed Book Volume 224, Page 883. Having erected thereon a dwelling known as 104 Easterly Drive, Mechanicsburg, PA 17055. EXHIBIT "A" AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: October 26, 2001 SHERIFF'S RETURN - EASE NO: 2001-06244 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CUMBERIJtND NATIONAL CITY MORTGAGE COMPANY VS SIX TARA L ET AL REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIX TARA L the DEFENDANT , at 104 EASTERLY DRIVE at 1545:00 HOURS, on the 5th day of November , 2001 MECHANICSBURG, PA 17050 TARA L SIX by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this /J~ day of ~ ~( A.D. ! ~Prothonotary So Answers: R. Thomas Kline 11/06/2001 LOUIS VITTI By: Deputy Sheriff SHERIFF'S RETURN - REGULAR EASE NO: 2001-06244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJ~ND NATIONAL CITY MORTGAGE COMPANY VS SIX TARA L ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TROXLER RYAN A the DEFENDANT , at 1545:00 HOURS, at 104 EASTERLY DRIVE MECHANICSBURG, PA 17050 RYAN A TROXLER on the 5th day of November , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3~ day of ~ ,~_~,,~ f A.D. ' ' Prothonotary ' ' So Answers: 11/06/2001 LOUIS VITTI By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 2001-06244 Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. TARA L. SIX and RYAN A. TROXLER, Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA 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. TARA L. SIX and RYAN A. TROXLER, Defendants. NO. 2001-06244 PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Emer judgment in Default of an Answer in the mount of $98,165.94, in favor of the National City Mortgage Compnay, Plaintiff in the above-captioned action, against the Defendants, Tara L. Six and Ryan A. Troxler and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 02/01/01-12/12/01 (Plus $20.7455 per day after 12/12/01) $81,860.50 6,514.08 Late charges (Plus $27.45 per month from 10/26/01-06/05/02 $192.15) 70.86 Attorney's fee 4,093.03 Escrow Deficit (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriffas 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 Westfields Condominium, Silver Spring Twp, Cumberland Twp & Cmwlth of PA. HET a dwg lc/a 104 Easterly Drive, Mechanicsburg, PA 17055. ParcelNo. 38-23-0571-190-U55. Lo ~s P Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, VS. TARA L. SIX and RYAN A. TROXLER, Plaintiff, Defendants. NO. 2001-06244 CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgmem was mailed to the Defendant(s), in the above-captioned case on November 27, 2001, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 12th day r' Notarial Seal [ Cheryl B. EdJer, Notary Public [ Pittsl~ Allergen,, Counlv of December, 2001. [My Commission Expires June 10;2002  Member, PennsylveeJa Associatior~ et Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, ) ) Plaintiff, ) ) VS. ) ) TARA L. SIX AND RYAN A. TROXLER, ) ) Defendants. ) NO. 2001-06244 IMPORTANT NOTICE TO: Tara L. Six 104 Easterly Drive Mechanicsburg, PA 17050 Date of Notice: November 27, 2001 Ryan A. Troxler 104 Easterly Drive Mechanicsburg, PA 17050 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.,~I & ~TE~, l~.C. Louis P. Vitti, Esquire Attorney for Plaimiff 916 Fifth Avenue Pittsburgh, PA 15219 ** TI-IE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and tree; and insofar as they are based on information received from others, are 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 12th day of December, 2001. Notarial Seal Cheryl B. Edler, .N, otary Public Pittsburgh, Alle~l~eny County My Commission Expires June t0, 2002 Member, Pennsylvania Assoc~lio~ ef Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANy, NO. 2001-06244 Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. TARA L. SIX and RYAN A. TROXLER, 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, VS. TARA L. SIX and RYAN A. TROXLER, Plaintiff, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY NO. 2001-06244 Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due Interest 12/13/01-06/05/02 Total $98,165.94 3.630,46 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Westfields Condominium, Silver Spring Twp, Cumberland Twp & Cmwlth of PA. HET a dwg k/a 104 Easterly Drive, Mechanicsburg, PA 17055. Parcel No. 38-23-0571-190-U55. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANLR .C. ML DIVI~ ION .... PRAECIPE FOR WRIT OF ~XECUTION Caption: : ( ) Confessed Judgment National City Mortgage Company, vs. Tara L. Six & Ryan A. Troxler, ( ) Other File No. 2001-06244 Amount Due $98,165.94 Interest 3,630.46 Atty's Cc~m Costs TO THE PROI~DNOTARY OF THE SAID COURT: Thru unde_r~igned hereby certifies t~at the below does not arise 'out,of a retail inst~ll~_nt sale, contract, or account based on aTconfessiOn']of jud~-nt"i but if it does, it is b~med on the appropriate originallproceeding fi!e~ pUrSuant to AcE 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended~ Issue writ of exg~ution in the above~tter to the SheA-iff of Cumberland County, for debt, inter~st and costs u~n ~he fo~l~o~w~ng:described Property of the defendant(si. See attaOhedle_~ descri~0n.~ PPAECIPE BDR A~ EXECUtiON Issue writ of attacbn~ant to the Sheriff of Cumberland County, for debt, interest and costs, as above, d~ecting attachmen~ against the above-named garnishee(s} for the following proper~ry (if real estate, supply six copies of the description; supply four' copies of lengthy ~-rsonalty list) end ail or_her property of the defendant(s) said garnishee( s ). in the possession, custody or COntrol of the (Indicate) Index this writ against the g~rnishee(s) as a lis pendens ag~_inst real estate of the defendant(s) described in the attached exhibit. DATE: December 12~ 2001 Signature: ~__ Prin~ Name: Louis P. Vitti Address: 916 Fifth Avenue PJ ttmb, r~h PA A~torney for: Plaintiff 7e!e~ome: (412) 281-1725 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, NO. 2001-06244 VS. TARA L. SIX and RYAN A. TROXLER, Defendants. LEGAL DESCRIPTION ALL that certain condominium dwelling unit situated in Westfields Condominium in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania. BEING designated and known as Unit No. 55 in the Declaration of Condominium and Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Record Book Volume 371, Page 12, (as amended in a First Amendment thereto dated April 6, 1990, and recorded on the same date in said Recorder's Office in Miscellaneous Record Book Volume 378, Page 940 and as further amended by a Second Amendment dated November 9, 1990, and recorded on April 25, 1991, in said Recorder's Office in Miscellaneous Record Book Volume 396, Page 923), as required and in accordance with the provisions of the Pennsylvania Uniform Condominium Act (Act of July 2, 1980, P.L. 285, No. 82; 60 Pa, C.S.A. §3101 et seq., as amended); TOGETHER with an undivided 2.778% interest in Common Elements as more particularly defined, limited, subject to adjustment and set forth in the aforesaid Declaration of Condominium and Declaration Plans, and together with the right to use any Limited Common Elements applicable to the Unit being conveyed herein pursuant to said Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT, NEVERTHELESS, to all agreements, conditions, easements and restrictions of prior record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium and Declaration Plans. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Uniform Condominium Act of Pennsylvania; and further covenants and Agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Section 3315 of said Uniform Condominium Act, may relieve a subsequent Unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or Unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs and assigns, by acceptance of this Deed, acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration Plans and any amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantee and all owners of Units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledges that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Westfields Condominium and, therefore, waives any and all rights under Section 3406 (c) of the Uniform Condominium Act, as amended. SAID premises having a post office address of 104 Easterly Drive, Mechanicsburg, PA 17055. PARCEL NO. 38-23-0571-190-U55. BEING the same premises which Susan M. Derk, single, by deed dated 06/30/2000 and recorded on 07/05/2000 in the Cumberland Cotmty, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 224, page 883, granted and conveyed unto Tar L. Six and Ryan Troxler. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, : VS. TARA L. SIX and RYAN A. TROXLER, Plaintiff, : .' .' .' Defendants. : NO. 2001-06244 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 Plaint/fl'seeks to execute. That the Defendants' last known address is 104 Easterly Drive, Mechanicsburg, PA 17055. Louis P V~tt~, Esqmre SWORN TO and subscribed before me this 12th day of December, 2001. J Notarial Seat I Cheryl B. EdJer, Notary,.,Public J M ~Pttts§.ur~h, Alleg~g ~,ounty LMY "-'ommlsslon Expires June 10, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, VS. TARA L. SIX and RYAN A. TROXLER, Plaintiff, Defendants. NO. 2001-06244 the real property to be sold: Name: Silver Spring Township Author. Address (Please indicate if this cannot be reasonably ascertained) 6415, Rear, Carlisle Pike Mechanicsburg, PA 17050 AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 104 Easterly Drive, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Tara L. Six 104 Easterly Drive Ryan A. Troxler Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on 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 ofeve~ 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) Westfields Condominium Address cannot be reasonably ascertained 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Sallie Tax Collector of Silver Springs Twp. Silver Springs Township Commonwealth 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) 269 Woods Drive Mechanicsburg, PA 17055 6475 Carlisle Pike Mechanicsburg, PA 17055 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. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 104 Easterly Drive Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December 12. 2001 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 12th day -- ",*~: .,~ saa~ of December, 2001. ~i!, Comi'mos~¢n Expires du,ne I0 2002 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Tara L. Six Ryan A. Troxler 104 Easterly Drive Mechaincsburg, PA 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 5,2002 at I0:00 A.M., the following described real estate, of which Tara L. Six and Ryan A. Troxler are owners or reputed owners: Westfields Condominium, Silver Spring Twp, Cumberland Twp & Cmwlth of PA. HET a dwg k/a 104 Easterly Drive, Mechanicsburg, PA 17055. Parcel No. 38-23-0571-190-U55. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Tam L. Six and Ryan A. Troxler at No. 2001-06244 in the amount of $98,165.94. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the 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 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 of the Sheriff. Lores P. x~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 NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 2001-06244 Plaintiff, AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 VS. TARA L. SIX and RYAN A. TROXLER, 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, VS. TARA L. SIX and RYAN A. TROXLER, Plaimiff, Defendants. NO. 2001-06244 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 104 Easterly Drive, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Tara L. Six 104 Easterly Drive RyanA. Troxler Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on Address (Please indicate if this cannot be reasonably ascertained) the real property to be sold: Name: Silver Spring Township Author. 6415, Rear, Carlisle Pike Mechanicsburg, PA 17050 Name None Nan~e 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 Name Westfields Condominium Westfields Condominium c/o Richard D. Snelbaker, Esq. Snelbaker & Elicker, P.C. sale: Address (Please indicate if this cannot be reasonably ascertained) P.O. Box 8 Mechanicsburg, PA 17055 44 West Main Street Mechanicsburg, PA 17055 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: NalTle Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Silver Springs Twp. 269 Woods Drive Mechanicsburg, PA 17055 Silver Springs Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts One Courthouse Square Criminal/Civil Division Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Arm: Susan Blough 104 Easterly Drive Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. January_ 22. 2002 Date L~uis P Vitti, Esquire Attomey for Plaintiff SWORN TO and subscribed before me this 22nd day of January, 2002. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, No. 01-6244 CIVIL TERM Plaintiff, AFFIDAVIT OF SERVICE VS. Code MORTGAGE FORECLOSURE TARA L. SIX and RYAN A. TROXLER, Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS. TARA L. SIX and RYAN A. TROXLER, Defendants. NO. 01-6244 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 December 19, 2001 and January 22, 2002, advising them of the Sheriffs sale of the property at 104 Easterly Drive, Mechanicsburg, PA 17055, on June 5, 2002. SWORN to and subscribed before me this 7th day LOUIS P. VITTI & ASSOCIATES, P.C. A~dra J. Hdt~ger ' of May, 2002. Affix fee here in stemps U.S. PO~TAL SERVICE CERTIFICATE OF MAILING or meter postage MAY SE USED FOR DOMESTIC AND INTERNATIO.,.~N~oMAs~, IL, DOES NOT poet mark. Inquire of ~OVIDE FOR INSURANCE--pOSTMASTER ~= ,~ Poatmsster for current -. v ,~.,, ~,,q/-tv'~qL~ ~ - .~ [~ (412) 281-1725 One piece of ordinary mail addressed to: Tenant/Occupant 104 Easterly Drive Mechmnicsburg: PA 17055 PS Form 3817, Mar. 1989 A.J./six/06-05-02 Affix fee hem in staml~ U.S. pOSTAIr SERVICE CI=~T"~icATE OF ~ ~ ~ter ~st~e ,~ ~Y BE USED FOR D~;~~L' D~S ~T ~..~. ,hq,ire Of ~OVIDE FOR INSURANCE-~U ;TMA~I bH ~ ~,- . Po~ma~ for curr~t R VITTIT&J ASS I) k s 6 (412) 281-1725 Attu; Su~au Blough Cl~rance Sup~rt Section ~pt. ~281230 ~isburg, PA 17128-12~ Form 3~7, M.r. ~9 A.J./Si~-05-02 U.~. POSTAL S~VlCE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIO~L~AIL. DOES NOT I~OVIDE FOR INSURANCE--POSTMASTER r~~'~ .--v _OfllS R VIOL = PB865 916 ~1~i~ & _~I_U..1~ 5 0 ~ r c 1 (412) 2Si -i 725 One piece of ordinary mail addressed to: Silver Springs Township Author. 64152 Rear~ Carlisle Pike Mechanicsburg, PA 17050 Affix fee here in st~ or meter postage am] ;3ost mark. Inquire of Postmaster for current 155 01 PS Form 3817, Mar. 1989 A.J./six/06-05-02 U.S. PO~TAL SERVICE CERY~iCATE OF MAILING MAY BE USED FOR DOMESTIC AND iNTERNATIO,~N~..I~=~IL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER ?;~"' 916 J~H AVENUE c, .; One piece of ordinary mail addressed to: Tax Collector of Silver Springs 269 Woods Dcive Mechanicsburg, PA 17055 PS Form 3817, Mar. 1989 A.J./Six/06-05-02 Affix fee here in stamps or meter postage and* post mark. Inquire of Postmsstsr for current Affix fee here in stamp~ U ~ POSTAL SERVICE C~e~F~CATE O~ M~U~G ' · ~Y BE USED F~ D~S~ A~ INTB~~, D~ NOT ou,s ..... ~ ~u _ ~-~"~ C 1~ 0 1 (412) 281-1725 ~/ One piece of ordina~ mail addressed to: ~' Silver Springs To. ship 6475 ~rlisle Pike ~c~nics~rg~ PA 17055 PS Form 3817, Mar. 1989 A.J./Six/06-05-02 Affix fee here in stsmp~ U.~i. POSTAL SERVICE CERllFICATE OF MA~M~ or meter postage ~d ~Y BE USED FOR DOMESTIC AND INTERNATIO~, DOES NOT po~ mark. Inquire of ~OVlDE FOR INSURANCE--POSTMASTER ~ ~ Postmaster for cu~t -- (412) 281-1725 ~o~Z~ o[ ~A- D~ ' ~J:~-~' P.O. ~x 80[6 ~isburg, PA 17105 PS Form 3817, Mar. 1989 A.J./Six/06-05-02 U.S. POSTAL SF~VlCE ~;!=~I1[ I ~tCATE OF MAILING MAY BE USED FOR DOMESTtC AND INTERNAllONAL MAIL, DOES NOT PROVIDE FOR IN~U.RA R' a'vff-.Ot]'lS P. PITTS B~I~-'H, (412) 281 -.1725 Or~ piece of ordi~ew mail addressed to: :Clerk of Courts Criminal/Civil Division O~e Courthouse Square Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J./Six/06-05-02 r o.,. POSTAL SERVICE CERTIFICATE OF MAKING Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current 4135 9 01 5219 IMAY BE USED FOR DOMESTIC AND INTE~II~TIONAL MAIL, DOES NOT Iq~OVlOE FOR INSURANCE--POSTMASTER · ;.?-" _ PITTSBLI86BI. PAmq~ _c~-' (412) 28'1 -1725 One piece of ordinary mail addressed to: court of Coranon Pleas Cumberland Cty Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 ~ PS Form 3817, Mar. 1989' ~A..J/Six/06-05-02 Affix fee hem in stampl or miter postage ~ post mark. Inquire of Postmaster for current 4135 .... Affix fee here in stamps ..... TAL SaW~;E ~.1~ I wlCATE OF MAILING ! or meter postag~ and, ~u:,~: [~'T]~ED FOR DOMESTIC AND INTERNATIO~A~L' DCES NOT ~ post mark. ~nqulr~._~. '~V~E~ tNSURA~~TER ~-~ . ~ Postmaster ~or cu ..... Receive F om: ~ '~ ~UIS R V~ & AS ~ (412) 281-1725 One piece of ordinary malt addressed to: Westfields Condominium Association P.O. Box 8 Mechanicsburg, PA 17055 PS Form 3817, Mar. 1989 jA.J./six/06-05-02 U.~' POSTAL SERVICE CERTIFICATE OF MAIUNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE--POSTMASTER LOU S P. & p~SBURGH, FA 1521 !~12) 281-1725 ~ piece of ordinew mail addressed to: gestf~e~ds ~n~n~ ~s~at~on c/o Ezc~d C, 5~eL~ke~ Esq. ~ West ~in Street ~c~nics~rg, PA 17055 PS Form 3817, Mar, 1989 A.J./Six/06-05-02 Affix fee here in stamps or meter postage and post mark. inquire of Postmaster for current ~135 02 ~19 6t, Z ~0 I~Je~ u! eJeq eej. i:O-§O-90/xTg/'f'¥ eee~ '=.~ 'CLee u~oj s~ ggOLl: V8 ~ar~TsoTu~'qo~ g xos '0'8 UOTqeTOOSSV UmTU.'puopuoD sPlaT~qsaN COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND j~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which National City Mtg Co is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 02002, under and by virtue of a writ Execution issued on the 14th day of Dec, A.D. )2001, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 6244, at the suit of National City Mtg Co against Tara L Six & Ryan A Troxler is duly recorded in Sheriff's Deed Book No. 253, Page 3273. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~o day of Sept, A.D. ~2002. Recorder of Deeds National City Mortgage Company VS Tara L. Six and Ryan A. Troxler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6244 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on February 20, 2002 at 6:18 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tara L. Six, by making known unto Tara L. Six personally, at 104 Easterly Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on February 20, 2002 at 6:18 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ryan A. Troxler, by making known unto Ryan A. Troxler personally, at 104 Easterly Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 10:49 o'clock A.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tara L. Six and Ryan A. Troxler located at 104 Easterly Drive, Mechanic.sburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Ryan A. Troxler, by regular mail to his last known address of 104 Easterly Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Tara L. Six, by regular mail to her last known address of 104 Easterly Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgage Co. It being the highest bid and best price received for the same, National City Mortgage Co. of 3232 Newmark Drive, Miamisburg, OH 45342, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $1,349.07, it being costs. Sheriff's Costs: Docketing 30.00 Poundage 26.45 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage t2.42 Certified Mail 1.85 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 618.80 Patriot News 443.35 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $1,349.07 paid by attorney 9-9-02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 2001-06244 Plaintiff, AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 VS. TARA L. SIX and RYAN A. TROXLER, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaimiff Counsel of record for this party: Louis P. Vi~i, Esquim PA I.D.#3810 Sup~me Cou~ #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. 2001-06244 VS. TARA L. SIX and RYAN A. TROXLER, Defendants. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 104 Easterly Drive, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Tara L. Six Ryan A. Troxler 104 Easterly Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Silver Spring Township Author. 6415, Rear, Carlisle Pike Mechanicsburg, PA 17050 NaiTle None manle 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 Name Westfields Condominium Westfields Condominium c/o Richard D. Snelbaker, Esq. Snelbaker & Elicker, P.C. sale: Address (Please indicate if this cannot be reasonably ascertained) P.O. Box 8 Mechanicsburg, PA 17055 44 West Main Street Mechanicsburg, PA 17055 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Sallie Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Silver Springs Twp. 269 Woods Drive Mechanicsburg, PA 17055 Silver Springs Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts One Courthouse Square Criminal/Civil Division Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 104 Easterly Drive Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and beliefi 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. January 22. 2002 Date L~uis P V]tt~, Esqmre Attorney for Plaintiff SWORN TO and subscribed before me this 22nd day of January, 2002. · "~u~:LI~TA, NOTARY PUBLIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, NO. 2001-06244 Plaintiff, VS. TARA L. SIX and RYAN A. TROXLER, Defendants. ~AFFIDAVIT PURSUANT TO RULE 3129. I National City Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 104 Easterly Drive, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s): NalTle: Tara L. Six Ryan A. Troxler Name: Address (Please indicate if this cannot be reasonably ascertained) 104 Easterly Drive Mechanicsburg, pA 17055 2. Name and address of Defendant(s) in the judgment: 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 the real property to be sold: lien on Name: Silver Spring Township Author. Address (Please indicate if this cannot be reasonably ascertained) 6415, Rear, Carlisle Pike Mechanicsburg, PA 17050 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 Westfields Condominium Address (Please indicate if this cannot be reasonably ascertained) Address cannot be reasonably ascertained 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tax Collector of Silver Springs Twp. Silver Springs Township Commonwealth 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) 269 Woods Drive Mechanicsburg, pA 17055 6475 Carlisle Pike Mechanicsburg, PA 17055 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. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 104 Easterly Drive Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. December 12. 2001 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 12th day ['~ch~- t~c,,iaJ Seal ~ ~.n,~ryl B. E¢tJer Notary Public ! Pit/sbumh a~,2'-, ,, of December, 200 l. [~¥ C;omm~ssron k-xpires June 10~2002 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Tara L. Six Ryan A. Troxler 104 Easterly Drive Mechaincsburg, PA 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 5,2002 at I0:00 A.M., the following described real estate, of which Tara L. Six and Ryan A. Troxler are owners or reputed owners: Westfields Condominium, Silver Spring Twp, Cumberland Twp & Cmwlth of PA. HET a dwg k/a 104 Easterly Drive, Mechanicsburg, PA 17055. Parcel No. 38-23-0571-190-U55. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Company vs. Tara L. Six and Ryan A. Troxler at No. 2001-06244 in the amount of $98,165.94. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. 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 ift · ' . of service of the Complaint and Notice to Defend ^- :c,~._. ~ . he Shenffhas not made a vahd return · · · .~,- L~ y~c.juogment was entered before twenty (20) days after service or m certain other events. To exercise th~s r~ght, you would have to ftle a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriffwill deliver the Deed 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. Lores p. Vitti, Esquire-- ~ Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 *'~THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, NO. 2001-06244 VS. TARA L. SIX and RYAN A. TROXLER, Defendants. LEGAL DESCRIPTION ALL that certain condominium dwelling unit situated in Westfields Condominium in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania. BEiNG designated and known as Unit No. 55 in the Declaration of Condominium and Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Record Book Volume 371, Page 12, (as amended in a First Amendment thereto dated April 6, 1990, and recorded on the same date in said Recorder's Office in Miscellaneous Record Book Volume 378, Page 940 and as further amended by a Second Amendment dated November 9, 1990, and recorded on April 25, 1991, in said Recorder's Office in Miscellaneous Record Book Volume 396, Page 923), as required and in accordance with the provisions of the Pennsylvania Uniform Condominium Act (Act of July 2, 1980, P.L. 285, No. 82; 60 Pa, C.S.A. §3101 et seq., as amended); TOGETHER with an undivided 2.778% interest in Common Elements as more particularly defined, limited, subject to adjustment and set forth in the aforesaid Declaration of Condominium and Declaration Plans, and together with the right to use any Limited Common Elements applicable to the Unit being conveyed herein pursuant to said Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT, NEVERTHELESS, to all agreements, conditions, easements and restrictions of prior record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium and Declaration Plans. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Uniform Condominium Act of Pennsylvania; and further covenants and Agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Section 3315 of said Uniform Condominium Act, may relieve a subsequent Unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or Unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs and assigns, by acceptance of this Deed, acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration Plans and any amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantee and all owners of Units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledges that the Grantee has received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Westfields Condominium and, therefore, waives any and all rights under Section 3406 (c) of the Uniform Condominium Act, as amended. SAID premises having a post office address of 104 Easterly Drive, Mechanicsburg, PA 17055. PARCEL NO. 38-23-0571-190-U55. BEING the same premises which Susan M. Derk, single, by deed dated 06/30/2000 and recorded on 07/05/2000 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 224, page 883, granted and conveyed unto Tar L. Six and Ryan Troxler. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF C~nberland To satisfy the debt, interest and costs due NO. 01-6244 CIV~t I~ TEEM CIVIL ACTION - LAW COUNTY: National City Mortgage Ccmpany PLAINTIFF(S) from Tara L. Six & Ryan A. Troxler, 104 Easterly Drive, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description (2) You are also directed to attach the property of the defendant(s) not levied upon 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/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) 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. Amounl Due $98,165.94 Inlemst $~. 6~. Atty's Corem % A~y Paid S121.85 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: December 14, _200~1 REQUESTING PARTY: Name Louis P. Vitti, Esq. Address: 916 Fifth Avenue Pittsburqh, PA 15219 Attorney for: Plaintiff Telephone: ~12-281-1725 Supreme Coud ID No. _3810 Curtis R. Long Prothonotary, Civil Division ~eputy On February 5, 2002, the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, known and numbered as 104 Easterly Drive, Mechanicsburg, and more fully described on Exhibit "A" filed ~SLvelth this writ and by this reference incorporated herein. ~.~ ~_ate: February 5, 2002 By: '~:> ~~ Real Estate Deputy 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 Joumal, 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 8ALE NO. 4 Writ No. 2001 6244 Civil National City Mortgage Company Tara L. Six and Ryan /k Troxler Atty.: Louis P. VltU LEGAL DESCRIPTION ALL that certain condominliun dwelling unit situated in Westflelds Condominium in the Township of saver Sprh~g, County of Curaberlamd and Comrnonwealth of pennsylva- BEING designated and known as Unit No. 55 in the Declaration of Condominium and Declaration plans of said Condominium as recorded in the Ofllc~ of the Recorder of Deeds in and for Cmnberland County, Pe~m- sylvania, in Miscellaneous Record Book Volume 371. Page 12, {as amended in a First Arnendment thereto dated April 6, 1990. and recorded on the sm-ne date in said SWORN TO AND SUBSCRIBED before me this 10 .day of MAY, 2002 ~ M~sccllanco,ls Record Book Volume 396. Page 923), as required and in accordance with the provisions of the Pennsylvania Uniform Condo minium Act (Act of July 2. 1980. P.L. 285. No. 82; 60 Pa. C.S.& ~3101 ~GETHER with an undivided as more particularly defined, lim- ited, subject to adjustment ~d set ~d together ~th the right to use ~y hmited Common Elements ap plicable to the Unit being conveyed of Condominium and Declaration Plans. UNDER ~D SU~ECT, NEaR ~ELESS, to ~i ~eements, condi tlons, easements ~d restrictions of prior record ~ld to the pro~slons, easements, covenalts ~d restric flons ~ mn~ed ~ the ~c~ation of Condominium ~d Declaration The Gr~tee. for ~d on beh~f of the Grantee and the Grantee's heirs, person~ represen~tives, suc- cessors ~d assi~s, by the accep- ~ees to pay such ch~ges for the ment of and expenses in connec- may ~ assessed from ti~ne to time by the Executive Board in accor- dance with the Uniform Condo- minium Act of Pennsylvania; and f~ther coven~ts ~d ~rees that ~e Unit conveyed by t~s ~ed sh~ be subject to a C~ge for ~1 ~ounts so assessed ~d tMt. except inso f~ as Section 3315 ofs~d Uniform Condominium Act, may relieve a subsequent Unit O~er of liability for prior ~p~d assessments, this covenant shall run with ~d bind the l~d or Unit hereby conveyed ~d ~1 subsequent O~ers thereof. The Gr~tee, for ~d on beh~f of the Grantee and the Grmltee's heirs ~d assigns, by acceptance of ~s ~ed, ac~owledges that this convey~ce Is subject in eve~ re spect to the ~c~ation, the ~cla thereto; and the Grantee further ac~owledges that each ~d eve~ pro.sion of the foregoing Is essen- a~ to the best ~terest ~d for the benefit of ~1 Unit owners therein. said Condominium coven~t and agree, as a coven~t running ~e ~ld, to abide by each ~d The Gr~tee, for ~d on beh~f of ~e Gr~ltee, ac~owledges that the Gr~tee has received, no later th~ ~teen (15) days prior to t~s conveyance, a full and Complete ~bBc Offe~Bg Statement for West- fields Condo~ium ~d. ~erefore, ~ves ~y ~d ~ ~ghts under ~c- tion 3406(c) of ~e Unifo~ Condo S~D pre~ses M~ng a ~st rice address of 104 Easterly Drive, Mech~icsburg, PA 17055. P~CEL NO. 38 23-0571 190- U55. BEING the stone pren~ses which Sus~ M. Derk. s~gle, by deed dat ed 06/30/2000 and recorded on 07/05/2000 in the Cumberland Co.W, Pennsylv~, Recorder of Deeds Office In ~ed Book Volume 224. page 883. grated ~d con~ veyed unto T~a L. Six and Ryan Troxler. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ~..~......~ ....................................................... COPY Sworn tn ~ncl e,,h~,..,ihaH h?~?rq m~ this 17th day of May 2002 A.D. S A L E ~ 4 [ No~l Seal ~ ~ ~ M~r, PennsyNania As~iat~ o; Notarie~y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 441.60 $ 1.75 $ 443.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. Tara L, Six and Ryan A. Tr~ler Arty: louis p, Vlttt DF~CRIPTION ALL THAT CERTAIN condominium dwelling unit situated in Westfielas Condominium in the Township of Silver Spdng, County of Cumberland and Commonwealth of Pennsylvania. liE/NO designated and known as Unit No. 55 in the l~:e~adon of Condominium and ~/aration Plans of said Condominium as recorded in the Office of the Recorder of De~J~ in md for Cumberland County, Pennsylvania i Miscellaneous Record Book Vo' ~,, n v,om¢ o/ , Pagn 12, (as amended in a First Amendment thereto ~..d a~ 6 1990, ind r~o~ed on the ~ in md Recorder s O/~ce I"~, m ~ Pu~order's Office n Mb--" ' ~ m aecordan ' .: ~ I1~ E;~ecui~ve Board in accordance with the ~ by t~is Deed s/~l be subject to a ~ for all amounts so aSsess~ aaa that, ~/~.sothr as Se. chon 3315 of sa~d Uniform ~ ILsubject in every respect to the ~ filq~g is essential to the bes interest and · ~d ~1 ~waers of Units in said Condominium ..,,~**: .a~u, ~o aolae by each and every provision of ~a~? for Westfields Condomni urn annag ~ w~vcs ?.y and all r/g~ts undcr~emi-~ ~,u~¢) ~be Uniform Condominium Act~ 8EII~ ll~ ~ premises which Sus~ M, Dcrk, ~_~, Y!~ Rte. order of ~ Office n De~ ~ ~_2~, page 883, granted and