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HomeMy WebLinkAbout07-6340IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO. CIVIL DIVISION Plaintiff, NO. O^1 - OqO COMPLAINT IN MORTGAGE VS. FORECLOSURE JAMES C. BRINER Defendant. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. ) Plaintiff, ) NO: vs. ) JAMES C. BRINER ) Defendant. ) COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg, Ohio 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 443 N. Pitt Street, Carlisle, PA 17013. The property address is 443 N. Pitt Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 16th day of June, 2004, in consideration of a loan of Fifty Three Thousand and 00/100 ($53,000.00) Dollars made by Mortgage Electronic Registration Systems, Inc. (MERS), a DE corporation, to Defendant(s), the said Defendant(s) executed and delivered to MERS, a De corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and MERS, as mortgagee, which mortgage was recorded on the 24th day of June, 2004, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1870, page 4846. 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. Subsequent thereto, MERS, a DE corporation, assigned to the Plaintiff, National City Mortgage Co., the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County and the said assignment is incorporated herein by reference. 6. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 7. Since June 1, 2007, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 8. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 9. The amount due on said mortgage is itemized on the attached schedule. 10. Pursuant to Pennsylvania Rules of Civil Procedure 1144 the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the time of filing this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Fifty Seven Thousand Six Hundred Eighty Six and 52/100 Dollars ($57,686.52) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY ouis P. Vitti, Esquire Attorney for Plaintiff BRINER SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 50,549.84 Interest @ 5.7500% from 05/01/07 through 10/31/2007 1,457.29 (Plus $7.9633 per day after 10/31/2007 ) Late charges through 10/25/2007 0 months @ 16.98 Accumulated beforehand 84.90 (Plus $16.98 on the 17th day of each month after 10/25/2007 ) Attorney's fee 2,527.49 Escrow deficit 3,067.00 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 579686.52 Exhibit "A" Legal Description All that certain parcel of land situate in the Fifth Ward of the Borough-of Carlisle, County of Cumberland, State of Pennsylvania, being known and designated-as follows: On the West by North Pitt Street; on the South by property now or formerly of Charles R. Rinesmith; on the East by a 16 foot alley and on the North by property now or formerly of Frank Sherman and wife; the Northern boundary of the property _herein conveyed running through the center of the partition wall dividing the house on the property above described and the house erected on the North to the North thereof; having#rontage of 30 feet on North Pitt Street and extending 140 feet, more or less, in depth to the alley in the rear thereof; improved with the Southern half of a two-story double frame dwelling and being known as No. 443 North Pitt Street. Tax ID: 06-20-1798-300 EXHIBIT U cu, ti VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: October 25, 2007 o ? a f !"TT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION Plaintiff, NO. 07-6340 CIVIL TERM vs. MOTION FOR SPECIAL JAMES C. BRINER SERVICE Defendant. Code - MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 412-281-1725 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06340 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS BRINER JAMES C R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRINER JAMES C but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 443 N PITT STREET BRINER JAMES C NOT FOUND , as to CARLISLE, PA 17013 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: So answers. -? Docketing 18.00 -? Service 14.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County p? .00 47.40 LOUIS VITTI 12/04/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. VS. JAMES C. BRINER Plaintiff ) No. 07-6340 CIVIL TERM Defendant. ) NOTICE OF PRESENTATION TO: James C. Briner 443 N. Pitt Street Carlisle, PA 17013 Take notice that the within Motion for Special Service pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure will be presented to the Motions Judge, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, as unopposed unless a responsive pleading is filed. LOUIS P. VITTI & ASSOC., P.C. BY: Louis . Vit Esquire Attornor Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. vs. JAMES C. BRINER Plaintiff, ) No. 07-6340 CIVIL TERM Defendant. ) MOTION FOR SPECIAL SERVICE PURSUANT TO RULE 430 AND THE PENNSYLVANIA RULES OF CIVIL PROCEDURE 400, ET SE NOW comes the Plaintiff by and through their attorneys, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, and files this motion requesting this Honorable Court permit service pursuant to Pennsylvania Rules of Civil Procedure 400, et seq., and particularly Rule 430 whereof the following is a statement: 1. Plaintiff did file a Complaint at the above-captioned number in mortgage foreclosure. 2. The property address is 443 North Pitt Street, Carlisle, Pennsylvania 17013, and is the subject of this action. 3. The Sheriff did attempt to make service but has been unable to serve the Defendant James C. Briner at 443 North Pitt Street, Carlisle, Pennsylvania 17013 because there was no answer after numerous attempts and writ expired. See Exhibit "A". 4. The Postmaster of Carlisle, Pennsylvania 17013 stated Defendant still receives mail at 443 North Pitt Street, Carlisle, Pennsylvania 17013. See Exhibit "B". 5. Efforts to effectuate service by the Sheriff have met without success and service has been frustrated requiring presentation of this Motion. WHEREFORE, Plaintiff prays this Honorable Court enter an Order permitting service by ordinary mail to Defendant's last known mailing address and also by posting the property by the Sheriff. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY: Pittsburgh, PA 15219 (412) 281-1725 PA ID 01072 916 Fifth Avenue IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. VS. JAMES C. BRINER Plaintiff, ) No. 07-6340 Civil Term Defendant. ) INVESTIGATION AFFIDAVIT PURSUANT TO PA.R. P. NO, 430 Four Star Investigation sets forth the following: 1. Affiant and/or its agents have conducted an investigation to determine the whereabouts of the Defendant(s), JAMES C. BRINER, by making inquiries of or examining the following: a. b. C. Other (please explain): 1-11 7,/'2' - 3fZ4.3,6 16-A- "' rcrTfR. &2 S 's, " Local telephone directory assistance has the following information: Department of Transportation - shows that the last known address for the Defendant(s) is/are: 2. Notwithstanding the investigation as set forth in this Affidavit, Affiant and/or its agents have not been able to locate the whereabouts of said Defendant(s) as shown above and by the attached exhibits. We verify that the statements made in this Affidavit are true and correct to the best of our knowledge, information and belief. We understand that false statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. FOUR STAR INVESTIGATION BY Commonwealth of Pennsylvania SS. County of Allegheny On this the SAW day of (V71V , 2007, before me the undersigned officer, personally appeared the Affian 1,7 to me (o atisfactorily proven) to be the person whose name is subscribed to the within ins nd ac wledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. NOTARY PUB I COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ann M. Gonzales, Notary Public City Of Pittsburgh, Allegheny County MY Commission Expires Mar. 29, 2010 Member. Pennsylvania Association of Notaries SHERIFF'S RETURN - NOT F??TD CASE NO: 2007-06340 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS BRINER JAMES C R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRINER JAMES C but was unable to locate Him in+his bailiwick. He therefore returns+the COMPLAINT - MORT FORE , the within named DEFENDANT 443 N PITT STREET BRINER JAMES C NOT FOUND , as to CARLISLE, PA 17013 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: So answers: .............. .!.... - 18.00 ??.-- Service 14.40 -' Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 47.40 LOUIS VITTI 12/04/2007 Sworn and Subscribed to before me this day of A. D. HV L"', ,, ?- 2-11 JUDUIS P. VITTI & ASSOCIATES, -P.C. 916 Fifth Avenue Pittsburgh, PA 15219 PHONE: (412) 281-1725 FAX: (412) 281-3810 DATE: DECEMBER 14, 2007 POSTMASTER OF CARLISLE, PA 17013 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: JAMES C. BRINER Address: 443 NORTH PITT STREET. CARLISLE. PA 17013 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): NIA 3. The names of all known parties to the litigation: NATIONAL CITY MORTGAGE CO. 4. The court in which the case has been or will be heard: 2007-06340 5. The docket or other identifying number if one has been issued: 2007-06340 6. The capacity in which this individual is to be served (e.g. defendant or witness): Def n nt WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Louis Vitti, quire 916 F h nue Pittsburg , PA 15219 FOR POST OFFICE USE ONLY ADDRESS or BOXHOLDER'S POSTM?&{C?? _ _ Not known at address given. y, ' I _ Moved, left no forwarding add ss 7 No such address. ` ` Y ? JJ Good as Addressed ` - -? No change of address order on file. NEW AND STREET ADDRESS VERIFICATION NOW Louis P. Vitti verifies that the statements made in this Motion are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to 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. BY Dated: January 10, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. VS. JAMES C. BRINER Plaintiff, ) No Defendant. ) 07-6340 CIVIL TERM CERTIFICATE OF SERVICE I, Louis P. Vitti, hereby certify that on the 10th day of January, 2008, a true and correct copy of the within Motion for Special Service was served upon the following by regular U.S. Mail: James C. Briner 443 North Pitt Street Carlisle, PA 17013 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 C.`3 i 'Tl ..... t JAN 15 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. VS. JAMES C. BRINER Plaintiff, ) No. 07-6340 CIVIL TERM Defendant ) ORDER OF COURT NOW, this 1-4' day of .?u. V g 9 , 2008, it appearing to the Court that the Sheriff has been frustrated in service of process, it is Ordered, Adjudged and Decreed that service of the Complaint and all subsequent documents upon all Defendants be accomplished by ordinary mail to Defendant's last known mailing address and by posting the property by the Sheriff in order to effect compliance with Rule 400, et seq. and Rule 3129. 1, et seq. BY THE COURT: rut I . P L4-? ? I 6 5 L 1y 1 4. °'1 `, V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO. CIVIL DIVISION Plaintiff, NO. 07-6340 CIVIL TERM VS. JAMES C. BRINER PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE Defendant. Code - Mortgage Foreclosure Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. Plaintiff, ) No. 07-6340 Civil Term vs. ) JAMES C. BRINER ) Defendant. ) P ECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the complaint in the above-captioned case. Respectfully submitted, LOUIS P. VITTI & ASSOCIAT?ES, P.C. BY: Louis P. VitKEsquire DATE: February 15, 2008 -id- C? a 00 c? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO. CIVIL DIVISION Plaintiff, vs. JAMES C. BRINER Defendant. NO. 07-6340 CIVIL TERM CERTIFICATION OF MAILING Code - Mortgage Foreclosure Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. VS. JAMES C. BRINER Plaintiff ) No. 07-6340 CIVIL TERM Defendant. ) CERTIFICATION OF MAILING I, Louis P. Vitti, hereby certify that on the 26th day of February, 2008, a true and correct copy of the within Complaint was served on Defendant by ordinary mail at 443 N. Pitt Street, Carlilse, PA 17013 as per the Order of Court dated January 17, 2008. A copy of said certificate of mailing is attached hereto as Exhibit "A". BY Sworn to and subscribed before me this 26th day of February, 2008. C" a 43 No ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ann M. Gonzales, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Mar. 29, 2010 Member, Pennsylvania Association of Notaries -.1 Cb y i ? ? o Yx SHERIFF'S RETURN - REGULAR CASE NO: 2007-06340 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS BRINER JAMES C STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRINER JAMES C the DEFENDANT , at 1000:00 HOURS, on the 21st day of February-, 2008 at 443 N PITT STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 443 N PITT STREET CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge '211 914 1. ?. So Answers: 18.00 4.80 c d r- 6.00 ? ?.., M? 10.00 R. Thomas Kline .00 38.80 02/21/2008 LOUIS VITTI Sworn and Subscibed to before me this of /! ? By: ;eg?Zr day eputy Sheriff A. D. I 1k NO. 07-6340 CIVIL TERM Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- vs. MILITARY SERVICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION JAMES C. BRINER Code MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JAMES C. BRINER, Defendant. NO. 07-6340 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $58,865.08, in favor of the National City Mortgage Co., Plaintiff in the above-captioned action, against the Defendants, James C. Briner and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $50,549.84 Interest from 05/01/07-03/27/08 2,635.85 (Plus $9.6765 per day after 03/27/08) Late charges (Plus $16.98 per month from 10/25/07-09/03/08 $169.80) 84.90 Attorney's fee 2,527.49 Escrow Deficit 3.067.00 (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 8 86 08 The real estate, which is the subject matter of the Complaint, is situate in the 5th Ward, Carlisle Boro, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 443 North Pitt Street, Carlisle, PA 17013. Parcel No. 06-20-1798-300. - Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs. JAMES C. BRINER, Defendant. NO. 07-6340 CIVIL TERM CERTIFICATION OF MAILING 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 March 13, 2008, 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 27th day COMMONWEALTH OF PENNSYLVANIA Notarial Sea M Helen Boyce t 1a, 'ryn P, oD; of March, 2008. City Of PittWurgi. ?r1y ?,ounty My Commission f:xpges rviay 4, 2010 Member, Pennsylvania Association of Wctaries i Notary Public C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JAMES C. BRINER, Defendant. NO. 07-6340 CIVIL TERM IMPORTANT NOTICE TO: James C. Briner 443 North Pitt Street Carlisle, PA 17013 Date of Notice: March 13, 2008 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: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS P. TI & ASS TE 'P.C. J' 4 BY: L u i s Y. U squire A ey for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** . s 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 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 27th day COMMONWEALTH Q PENNSYLVANIA of March, 2008. No aria;?l Heier Boyoe Notary public City &' ritlSburgh, Ah?heny County L_. 'irk Commission Expires May 4, Pllernoer. P 2010 ennsylvania Association of Notaries i C-Q- Notary Public V W ? ? dry i e) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 07-6340 CIVIL TERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. JAMES C. BRINER, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party; Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 07-6340 CIVIL TERM Plaintiff, vs. : JAMES C. BRINER, 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: Amount Due $58,865.08 Interest 03/28/08-09/03/08 1,538.56 Total 60 40 .64 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: 5th Ward, Carlisle Boro, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 443 North Pitt Street, Carlisle, PA 17013. Parcel No. 06-20-1798-300. Louis P. Vitti, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment National City Mortgage Co. ( ) Other File No. 07-6340 Civil Term VS. Amount Due $58,865.08 James C. Briner Interest 1,538.56 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrrent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate or?.ginal 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 upon the following described property of the defendant(s) See attached legal description. PRAE= FOR AZTACWDIT EDDG'i CN Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four' copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (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: March 27, 2008 Signature Print Name: Louis P. Vitti Andress: 916 Fifth Avenue Pittsburgh, PA 15219 ey for: Plaintiff at torn Te1e done: (412) 281-1725 IR W .J o -? SLi O O c- b C- O 0 I*k Sb 0 1 t? by) 0 0 4 og r? "c1 C"? ("3 n -r .y -4 .7 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, NO. 07-6340 CIVIL TERM vs. JAMES C. BRINER, Defendant. LEGAL DESCRIPTION ALL that certain parcel of land situate in the Fifth Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, being known and designated as follows: ON the West by North Pitt Street; on the South by property now or formerly of Charles R. Rinesmith; on the East by a 16 foot alley and on the North by property now or formerly of Frank Sherman and wife; the Northern boundary of the property herein conveyed running through the center of the partition wall dividing the house on the property above described and the house erected on the North to the North thereof, having frontage of 30 feet on North Pitt Street and extending 140 feet, more or less, in depth to the alley in the rear thereof, improved with the Southern half of a two-story double frame dwelling being known as No. 443 North Pitt Street, Carlisle, PA 17013. TAX 1D NO. 06-20-1798-300 BEING the same premises which Wayne Richard Taylor and Jean K. Taylor, his wife and Steven Wayne Taylor and Delores H. Taylor, his wife, by deed dated 01/11/1994 and recorded on 01/21/1994 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume T36, page 528, granted and conveyed unto James C. Briner, single man. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., vs. JAMES C. BRINER, Plaintiff, Defendant. NO. 07-6340 CIVIL TERM AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That the Defendants' last known address is 443 North Pitt Street, Carlisle, PA 17013. SWORN TO and subscribed before me this 27th day of March, 2008. ILL?L,C-Q- Notary Public 01 Louis P. Vitti, Esquire COMMONWEAR TH Foci ,+,%atsry: Public v f r urns t t5t3,sr '' Al+ 9heny County _ i STM r; x uY s hial, 4, 2Gf Q tilernber, Pennsylvania Rssociation of Notaries .; 7 1 --r's IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 07-6340 CIVIL TERM Plaintiff, vs. JAMES C. BRINER, Defendant. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co. am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 27th day of March, 2008. A4MONW6A LTOF FTNNS?Y?VANtA Nutanai Sep Ci( rIeien Bayne No ,ary Public i ivt Y Co"DI mPimttsburi gtriegneny County Y ssior= Ex gyres " Member, E ' ?Y 4, 2010 N?omb ennsylvania A saciation of Notaries ti Notary Public "3 ?. .'F`i ""? .. 7 -,..b '1 ? ? ?_.i S.w r ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 07-6340 CIVIL TERM Plaintiff, VS. JAMES C. BRINER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 443 North Pitt Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) James C. Briner 443 North Pitt Street Carlisle, PA 17013 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) None 1 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tax Collector of Carlisle Borough c/o Darlene Moyer Borough of Carlisle Water & Sewage Dept. Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 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 One Courthouse Square Carlisle, PA 17013 r ? Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 443 North Pitt Street 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 unworn falsification to authorities. March 27, 2008 Date SWORN TO and subscribed before me this 27th day of March, 2008. L(?(JoQ'- Notary Public Louis P. Vitti, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Helen Boyce. Notary Public City a Pittsburg. Afiegheny County My Commission Expires May 41 2py G Member, Pennsylvania A-ociation of Notaries n? C`) c,.:, ? ?. i ?- ? -tl __... . f4J f ?. .. C, NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: James C. Briner 443 North Pitt Street 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 September 3, 2008 at 10:00 A.M., the following described real estate, of which James C. Briner are owners or reputed owners: 5th Ward, Carlisle Boro, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 443 North Pitt Street, Carlisle, PA 17013. Parcel No. 06-20-1798-300. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. James C. Briner at No. 07-6340 Civil Term in the amount of $58,865.08. 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. The Writ of Execution 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 Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the 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 Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the 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 P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6340 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From JAMES C. BRINER (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 $58,865.08 L.L.$ 0.50 Interest 3/28/08 - 9/03/08 - $1,538.56 Atty's Comm % Due Prothy $2.00 Atty Paid $215.20 Other Costs Plaintiff Paid Date: 4/02/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: LOUIS P. VITTI & ASSOCIATES, P.C. 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, CIVIL DIVISION NO. 07-6340 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 VS. JAMES C. BRINER, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. JAMES C. BRINER, NO. 07-6340 CIVIL TERM Defendant. AMENDED AFFIDAVIT PURSUANT TO RULE 31291 National City Mortgage Co., Plaintiff in the above action, sets forth as of the date the Praecipe,for,.the Writ of Execution was filed the following information concerning the real property located at 443 North Pitt Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) James C. Briner 443 North Pitt Street Carlisle, PA 17013 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) None 44 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name All Heirs Known and Unknown Address (Please indicate if this cannot be reasonably ascertained) 433 North Pitt Street Carlisle, PA 17013 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 Carlisle Borough c/o Darlene Moyer Borough of Carlisle Water & Sewage Dept. Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 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 One Courthouse Square Carlisle, PA 17013 • . 4 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 443 North Pitt Street 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. June 17, 2008 Date SWORN TO and subscribed before me this 17th day of June, 2008. J?&' , 'Y tz Notary Pub L loa 'B L AoW sejldx3 uolsslwwoo AW AMOO AM H931W 'H9anGS11Id JO ALIO ollQnd AJDION 3snOH 1 AtIMS 1V3S 1VINWON Louis P. Vitti, Esquire Attorney for Plaintiff N ? o rY? 1 t?;1 K y ' a ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION Plaintiff, NO. 07-6340 CIVIL TERM AFFIDAVIT OF SERVICE vs. Filed on behalf of Plaintiff Counsel of record for this JAMES C. BRINER, party: Louis P. Vitti, Esquire PA I.D. #3810 Defendant. Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 07-6340 CIVIL TERM Plaintiff, vs. JAMES C. BRINER, Defendant AFFIDAVIT OF SERVICE I, Audra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon the defendant and all lien holders by Certificate of Mailing for service in the above-captioned case on April 7, 2008 and June 17, 2008, advising them of the Sheriffs sale of the property at 443 North Pitt Street, Carlisle, PA 17013, on September 3, 2008. SWORN to and subscribed LOUIS P. VITTI & ASSOCIATES, P.C. BY Audra J. H er before me this 19th day C0MM0NWE5AL1-Vt-°K Ir,.NNSYLVANiA Notarial Sea, Helen Eioyce, Noisy Public Ma c ? of August, 2008. city of Pittsburgh, n ile I ?My commission Expires pirPs b?lay_4,201'0 Member. Pennsyivania, o ?iation 0 Notar,;ri Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION NATIONAL CITY MORTGAGE CO. ) Plaintiff ) No. 07-6340 CIVIL TERM _ vs. ) JAMES C. BRINER ) Defendant ) ORDER OF COURT NOW, this day of , 2008, it appearing to the Court that the Sheriff has been frustrated in service of process, it is Ordered, Adjudged and Decreed that service of the Complaint and all subsequent documents upon all Defendants be accomplished by ordinary mail to Defendant's last known mailing address and by posting the property by the Sheriff in order to effect compliance with Rule 400, et seq. and Rule 3129.1, et seq. BY THE COURT: J?J U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED OR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER . Received From Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One piece of ordinary mad addressed to: PA Dept. of Sheriff Sales Bureau of Compliance Dept. #281230 Harrisburg, PA 17128-1230 PS Form 3817, January 2001 AJ/Briner/9-3-08 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One piece of ordinary mad addressed to: Tenant/Occupant 443 North Pitt Street Carlisle, PA 17013 jes y?? 4Q Im ? PITNEY BOWES 02 1A $ 01.05° 0004601270 APR 07 2008 MAILED FROM ZIP CODE 15 219 y0 41 .a PITNEY BOWES 02 1A $ 01.05° 0004601 270 APR 07 2008 MAILED FROM ZIP CODE 15 219 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vifti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 ., .f One piece of ordinary mail addressed to; Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 AJ/Briner/9-3-08 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vifti & Associates, P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One piece of ordinary mail addressed to: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 S ' U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FORDOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vifti & Associates. P.g. 916 Fifth Avenue. Fifth Avenue. Pitt??urahPA 15219PA 15219 One piece of ordinary mail addressed to: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 S } 3r;.4 y• f o?gaV5 P% L I t? `, PITNEY BOWES 02 1A $ 01.05° 0004601270 APR07 2008 MAILED FROM ZIPCODE 15219 S?PV?s PN 7 PITNEY BOWES 02 1A $ 01.05° 0004601270 APR07 2008 MAILED FROM ZIP CODE 15 219 S?os P%'1G' F S i 7 4 PITNEY BOWES 02 1A $ 01.050 0004601270 APR07 2008 MAILED FROM ZIP CODE 15 219 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates, P.C. 916 Fifth Avenue, Piftsburah. PA 15219 One piece of ordinary mail addressed to: James C. Briner 443 North Pitt Street Carlisle, PA 17013 Ps Form 3a17, January zuul M/Briner/9-3-08 G PITNEY BOWES 02 1A $ 01.05° 0004601270 APR07 2008 MAILED FROM ZIP CODE 15 219 w. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. VIM & Associates, P.C. 916 Fifth Avenue, Pittsburgh, PA 15219 One piece of ordinary mail addressed to: Tax Collector of Carlisle Borough c/o Darlene Moyer P.O. Box 128 Carlisle, PA 17013 P5 Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL M AL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER I., Received From: Louis P. Vitti & Associates, P.C. 916 Fifth Avenue. Pittsburah, PA 15219 One piece of ordinary mail addressed to: Borough of Carlisle Water & Sewage Dept. 53 West South Street Carlisle, PA 17013 1-5 Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: j Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Piftsburah. PA 15219 One piece of ordinary mail addressed to: Commonwealth of PA - DPW P.O. Box 8016 Harrisburg, PA 17105 PITNEY BOWES 02 1A $ 01.05° 0004601270 APR 07 2008 • MAILED FROM ZIP CODE 15219 ?&PON PITNEY BOWES 02 1A $ 01.05° 0004601270 APR07 2008 MAILED FROM ZIP CODE 15219 ty- i r 11:4 r r ? r :` 9?PS? ? ?I+' z :rIly® PITNEY BOWES 02 1A $ 01.050 0004601270 APR07 2008 MAILED FROM ZIP CODE 15 219 ra Form jai i, January zuui I a U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ReceNeG From: Louis P. Vitt[ & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 -,TA One piece of ordinary mail addressed to: All Heirs Known and Unknown ?"?-- 443 North Pitt Street s Carlisle, PA 17013 vb F-or 13317, January zuul AJ/Briner/9-3-08 7 PITNEY BOWES 02 1A $ 01.10° 0004601270 JUN17 2008 MAILED FROM ZIP CODE 15 219 ?V Tr n r J Al COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND 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 VETERANS AFFAIRS SECRETARY is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 2ND day of APRIL, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 6340, at the suit of NATIONAL CITY MTG CO against JAMES C BRINER is duly recorded as Instrument Number 200831972. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 27 2 1-e day of A.D. e;?6057 of Deeds 010&X'4, Cwr"(WW COWY, CV16, PA Ctx""on E"t Itw R* Mw4q d J1te. 2010 National City Mortgage Co. VS James C. Briner In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-6340 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2008 at 1104 hours, 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: James C. Briner, by posting a true and correct copy of the within action upon the premises located at 443 North Pitt Street, Carlisle, Cumberland County, Pennsylvania pursuant to order of court, according to law. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 03, 2008 at 1450 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James C. Briner located at 443 North Pitt Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: James C. Briner by regular mail to his last known address of 443 North Pitt St., Carlisle, PA 17013. This letter was mailed under the date of July 2, 2008 and never returned to the Sheriffs 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, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti, on behalf of The Secretary of Veterans Affairs. It being the highest bid and best price received for the same, The Secretary of Veterans Affairs, of 1240 East Ninth Street, Cleveland, Ohio 44199, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $921.51. Sheriff s Costs: Docketing $30.00 Poundage 18.07 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 355.00 Patriot News 294.80 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 921.51 ? CIO, a, Ck- G s 8a i " 115 /s'1 So Answers: R. Thomas Kline, Sheriff BY y9 Real Estate S eant '• r L See IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, CIVIL DIVISION NO. 07-6340 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 vs. TAMES C. BRINER, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party. Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 07-6340 CIVIL TERM Plaintiff, vs. JAMES C. BRINER, Defendant. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., Plaintiff in the above action, sets forth as of the date the Praecipe. for be Writ of Execution was filed the following information concerning the real property located at 443 North Pitt Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) James C. Briner 443 North Pitt Street Carlisle, PA 17013 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) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) All Heirs Known and Unknown 433 North Pitt Street Carlisle, PA 17013 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 Borough of Carlisle Water & Sewage Dept. Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 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 One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 443 North Pitt Street 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. June 17, 2008 Date SWORN TO and subscribed before me this 17th day of June, 2008. Notary Pub I IOZ 'S t Anal seildx3 uolss1wwoo AW AMOO AN3H9311V 'Hsansswd dO A11O ollgnd AiDJON 3snOH 1 MIMS 1V3S 1VIHVION Louis P. Vitti, Esquire Attorney for Plaintiff a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 07-6340 CIVIL TERM Plaintiff, vs. JAMES C. BRINER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 443 North Pitt Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) James C. Briner 443 North Pitt Street Carlisle, PA 17013 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) None l 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Carlisle Borough c/o Darlene Moyer Borough of Carlisle Water & Sewage Dept. Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 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 One Courthouse Square Carlisle, PA 17013 r Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. 4281230 Harrisburg, PA 17128-1230 443 North Pitt Street 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 unworn falsification to authorities. March 27, 2008 Date SWORN TO and subscribed before me this 27th day of March, 2008. v fl Notary Public Louis P. Vitti, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Helen 80ycE_ Notary Public City Of Pittsburg! , Allegheny Count}: !!!! My Commission Expir C es May 4.2.01 C Member, Pennsylvania A,?ociation of Notaries NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: James C. Briner 443 North Pitt Street 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 September 3, 2008 at 10:00 A.M., the following described real estate, of which James C. Briner are owners or reputed owners: 5th Ward, Carlisle Boro, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 443 North Pitt Street, Carlisle, PA 17013. Parcel No. 06-20-1798-300. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. James C. Briner at No. 07-6340 Civil Term in the amount of $58,865.08. 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. The Writ of Execution 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 Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the, Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold fora 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. :?? to Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 07-6340 CIVIL TERM Plaintiff, vs. JAMES C. BRINER, Defendant LEGAL DESCRIPTION ALL that certain parcel of land situate in the Fifth Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, being known and designated as follows: ON the West by North Pitt Street; on the South by property now or formerly of Charles R. Rinesmith; on the East by a 16 foot alley and on the North by property now or formerly of Frank Sherman and wife; the Northern boundary of the property herein conveyed running through the center of the partition wall dividing the house on the property above described and the house erected on the North to the North thereof; having frontage of 30 feet on North Pitt Street and extending 140 feet, more or less, in depth to the alley in the rear thereof; improved with the Southern half of a two-story double frame dwelling being known as No. 443 North Pitt Street, Carlisle, PA 17013. TAX ID NO. 06-20-1798-300 BEING the same premises which Wayne Richard Taylor and Jean K. Taylor, his wife and Steven Wayne Taylor and Delores H. Taylor, his wife, by deed dated 01/11/1994 and recorded on 01/21/1994 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume T36, page 528, granted and conveyed unto James C. Briner, single man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6340 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From JAMES C. BRINER (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 $58,865.08 L.L.$ 0.50 Interest 3/28/08 - 9/03/08 - $1,538.56 Atty's Comm % Due Prothy $2.00 Atty Paid $215.20 Other Costs Plaintiff Paid Date: 4/02/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: LOUIS P. VITTI & ASSOCIATES, P.C. 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Real Estate Sale # 18 On May 2, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 443 North Pitt Street, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 2, 2008 By: Real Es a Sergeant 9 ? :E d L- 8dV 8802 `t'd 'A! 11wJANINc"?? i t PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 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. SWORN TO AND SUBSCRIBED before me this day of August. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My COMMISSIon Expires Apr 28, 2010 YAML IOWA= Mini 1W 14 Writ No. 2007-6340 Civil National City Mortgage Co. VS. James C. Briner Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain parcel of land sit- uate in the Fifth Ward of the Borough of Carlisle, County Cumberland, State of Pennsylvania, being known and designated as follows: ON the West by North Pitt Street; on the South by property now or formerly of Charles R. Rinesmith; on the East by a 16 foot alley and on the North by property now or for- merly of Frank Sherman and wife; the Northern boundary of the property herein conveyed running through the center of the partition wall divid- ing the house on the property above described and the house erected on the North to the North thereof; having frontage of 30 feet on North Pitt Street and extending 140 feet, more or less, in depth to the alley in the rear there- of, improved with the Southern half of a two-story double frame dwelling being known as No. 443 North Pitt Street, Carlisle, PA 17013. TAX ID NO. 06-20-1798-300. BEING the same premises which Wayne Richard Taylor and Jean K. Taylor, his wife and Steven Wayne Taylor and Delores H. Taylor, his wife, by deed dated 01 / 11 / 1994 and recorded on 01/21/1994 in Cumber- land County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume T36, page 528 granted and conveyed unto James C. Briner, single man. I . ;. *Me Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14t Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of 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 date(s) indicated below. 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 This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 I......................... Sworn to sulUcdbed bef re me i 0 day of August, 2008 A.D. 1 TH OF PENNSYLVAM Noted M Seel &Wde L KIM, NOhry PW* Clly Of Moftft D04M C 4U* * Ca vift o? bOu Nov. 20, 2011 Member, Few&AvwW MmodObn of NobttNe .k Real Estate Sale No. 18 Writ No. 2007-6340 Civil Term National City Mortgage Co. VS James C. Briner Attorney Louis P. Vito LEGAL DESCRIPTION ALL that certain parcel of land situate in the Fifth Ward of the Borough of Carlisle, Countyof Cumberland, State of Pennsylvania, being known and designated as follows: ON the West by North Pitt Street; on the South by property now or formerly of Charles R. Rmesmith; on the Fast by a 16 foot alley and on the North by property now or formerly of Frank Sherman and wife; the Northern boundary of the property herein conveyed running through the center of the partition wall dividing the house on the property above described and the house erected on the North to the North thereof; having frontage of 30 feet on North Pitt Street and extending 140 feet, more or less, in depth to the alley in the rear thereof, improved with the Southern half of a two-story double frame dwelling being known as No. 443 North Pitt Street, Carlisle, PA 17013. TAX ID NO. 06-20-1798-300 BEING the same premises which Wayne Richard Taylor and Jean K Taylor, his wife and Steven Wayne Taylor and Delores H. Taylor, his wife, by deed dated 01/11/1994 and recorded on 01121/1994 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume T36, page 528, granted and conveyed unto James C. Briner, single man.