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HomeMy WebLinkAbout07-6864IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK F/K/A ? Civi NATIONAL CITY BANK OF INDIANA, NO. O'1-(p8(o (Term Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE VS. FAWNELL V. BURKETT and DANIELLE E. BURKETT, 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 ACCUBANC MORTGAGE, A DIVISION OF ) NATIONAL CITY BANK F/K/A NATIONAL ) CITY BANK OF INDIANA, ) Plaintiff, ) NO: vs. ) FAWNELL V. BURKETT and DANIELLE E. BURKETT, ) Defendants. ) 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, Oh 45342. 2. The Defendants are individuals with a last known mailing address of P.O. Box 217, Rockhill Furnace, PA 17249. The property address is 301 Walnut Dale Road, Shippensburg, PA 17257 and is the subject of this action. 3. On the 31 st day of October, 2005, in consideration of a loan of One Hundred Fifteen Thousand Ninety and 00/100 ($115,090.00) Dollars made by Accubanc Mortgage, A Division of National City Bank of Indiana, a OH corporation, to Defendants, the said Defendants executed and delivered to Accubanc Mortgage, A Division of National City Bank of Indiana, a OH corporation, a "Note" secured by a Mortgage with the Defendants as mortgagors and Accubanc Mortgage, A Division of National City Bank of Indiana, as mortgagee, which mortgage was recorded on the 2nd day of November, 2005, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1929, page 2372. 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 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. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagors 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 mortgagors. 8. The amount due on said mortgage is itemized on the attached schedule. 9. 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 One Hundred Twenty Seven Thousand Seven Hundred Ninety and 051100 Dollars ($127,790.05) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. i B Lo is 4. Vitti, Esquire Attorney for Plaintiff BURKETT SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 113,212.22 Interest @ 6.7500% from 05/01/07 through 11/30/2007 4,459.48 (Plus $20.9365 per day after 11/30/2007 ) Late charges through 11/8/2007 0 months @ 32.90 Accumulated beforehand 164.50 (Plus $32.90 on the 17th day of each month after 11/8/2007 ) Attorney's fee 5,660.61 Escrow deficit 4,293.24 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff s sale) BALANCE DUE 127,790.05 Policy Number: MM 6064653 ALL those two tracts of land situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: TRACT NO. 1: BEGINNING at a point on the South side of a public road and thence by line in a Southeasterly direction along line of land formerly of Conrad Clever, a distance of 168 feet, more or less, to a stone marker; thence by line in a Northeasterly direction along line of land formerly of George Hines, a distance of 100 feet, more or less, to a stone marker; thence by line in a Northwesterly direction along lands now or formerly of Gontz Estate a distance of 130 feet to South side of public road; thence by line along South side of public road running in a Southwesterly direction a distance of 100 feet to a point, the place of BEGINNING. This is being sold with the same right for the use of a well and water right on property now or formerly of the Charles Gontz Estate, as mentioned in former deeds. TRACT NO, 2: BEGINNING at a point on the South side of the public road and tract number one; thence along said road a distance of 792 feet, more or less, to a point in lands now or formerly of Samuel Ott; thence by the same a distance of 330 feet, more or less, to a point in lands now or formerly of the Commonwealth of Pennsylvania; thence by the same a distance of 850 feet to a point in tract number one; thence by tract number one a distance of 168 feet, more or less, to the place of BEGINNING. HAVING thereon erected a one-story frame dwelling house EXi1 6 , I "Fl" 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. '7 P. Vitt Dated: 11/8/2007 "EA+ C oa 7, ac R? ( r Vy D < k: "' J?" C tV l SHERIFF'S RETURN - REGULAR CASE NO: 2007-06864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACCUBANC MORTGAGE VS BURKETT FAWNELL V ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BURKETT FAWNELL V the DEFENDANT at 1554:00 HOURS, on the 30th day of November , 2007 at 301 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 FAWNELL V BURKETT 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 Service Affidavit surcharge, e Sworn and Subscibed to before me this of So Answers: 18.00 i???s??-4? ???=u''?'?? 19.20 .00 .? 10.00 R. Thomas Kline .00 47.20 12/04/2007 LOUIS VITTI By ?J al,u.?'Y1 day Deputy Sheriff A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06864 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ACCUBANC MORTGAGE VS BURKETT FAWNELL V ET AL 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 BURKETT DANIELLE E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BURKETT DANIELLE E 301 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 PER FAWNELL, DANIELLE LIVES IN GREENCASTLE. Sheriff's Costs: So answers.-_---"- Docketing 6.00 Service .00 C?? Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 01 .00 21.00- Sworn and Subscribed to before me this day of LOUIS VITTI 12/04/2007 A. D. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK F/K/A NATIONAL CITY BANK OF INDIANA, CIVIL DIVISION NO. 07-6864 Plaintiff, vs. FAWNELL V. BURKETT and DANIELLE E.BURKETT Defendants. PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE 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 ACCUBANC MORTGAGE, A DIVISION OF ) NATIONAL CITY BANK F/K/A NATIONAL ) CITY BANK OF INDIANA, ) NO. 07-6864 Plaintiff, ) VS. ) FAWNELL V. BURKETT and DANIELLE E. BURKETT ) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the complaint in the above-captioned case. Respectfully submitted, LOUIS P. BY: . Vitti, Esquire , P.C. DATE: January 4, 2008 K r` o `? f L ..fl 00 A t3 f Z: ?j ?? ` 'Uul w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK F/K/A NATIONAL CITY BANK OF INDIANA, NO. 07-6864 Plaintiff, PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE vs. FORECLOSURE FAWNELL V. BURKETT and DANIELLE E. BURKETT 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 ACCUBANC MORTGAGE, A DIVISION OF ) NATIONAL, CITY BANK F/K/A NATIONAL ) CITY BANK OF INDIANA, ) NO. 07-6864 Plaintiff, ) vs. ) FAWNELL V. BURKETT and DANIELLE E. BURKETT ) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the complaint in the above-captioned case. Respectfully submitted, LOUIS P. VITTII &. CIAT .? . P. C, BY: Vitti,"Esquire DATE: APRIL'' 16, 2008 --:2 O 0?0 ? O 0 -6? O O O U 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACCUBANC MORTGAGE VS BURKETT FAWNELL V ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BURKETT DANIELLE E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 18th , 2008 t attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 So Surcharge 10.00 R Postage .97 Sr .00 37.97 L/,ZYlo 06/18/2008 LOUIS VITTI Sworn and subscribe to before me this day of , A. D. s office was in receipt o riomas Kline iff of Cumberland County WQy t12.Sbn ?o SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACCUBANC MORTGAGE VS BURKETT FAWNELL V ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BURKETT DANIELLE E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On June 18th , 2008 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So a Docketing 18.00 Out of County 9.00 Surcharge 10.00 $<- Th as ine Postage .97 /Sheriff of Cumberland County 37 . 97 yA 06/18/2008 LOUIS VITTI Sworn and subscribe to before me this day of , A. D. Gre,e.t\ca.s}le_ In The Court of Common Pleas of Cumberland County, Pennsylvania Accubanc Mortgage vs. Fawnell V. Burkett et al SERVE: Danielle E. Burkett No. 07-6864 civil Now, January 14, 2008 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Country, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 Of , at o'clock M. served the within CQ & Crej, upon IdaKcel(Q, bLtilket? at by handing to y a CP?i copy of the original vim. r e cr?o ?-u.?-4-- and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00013 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN ACCUBANC MORTGAGE VS DANIELLE E BURKETT ET AL BRIAN CRAMER C?1Y???f 0.11C't ?vn':y Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: a TTLJVVTT TITTTTVT.T.V W but was unable to locate Her in his bailiwick. He therefore returns the REIN COMP MORT FORE the within named DEFENDANT , NOT FOUND , as to . BURKETT DANIELLE E 4884 STONEBRIDGE ROAD GREENCASTLE, PA 17225 LIVES IN ROCKHILL FURNACE 114 IRON STREET Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answe s: BRIAN CRAMER DANE M ANTHONY, Sheriff LOUIS P VITTI ESQ 02/08/2008 Sworn and subscribed to before me this day of A.D. T f Notary Notarial Seal Richard D. McCarty, Notary Public Chamberst:re, Bona, FrankCn County -jAA My Commission Expires Jan. 25, 2, In The Court of Common Pleas of Cumberland County, Pennsylvania Accubanc Mortgage vs. Fawnell V. Burkett SERVE: Danielle E. Burkett No. 07-6864 civil Now, April 24, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA the contents thereof. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00093 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN ACCUBANC MORTGAGE VS DANIELLE E BURKETT ET AL SHERRY MEID Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: BURKETT DANIELLE but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE , NOT FOUND , as to the within named DEFENDANT , BURKETT DANIELLE 276 HAWBAKER AVENUE WAYNESBORO, PA 17268 MARRIED A WINEGARDNER AND NOW RESIDES IN HUNTINGTON CO. 323 IRON STREET, HUNTINGTON, PA 17249 PHONE # 814-447-3155 Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 SHERRY MEID Surcharge .00 DANE M ANTHONY, Sheriff .00 .00 LOUIS P VITTI 05/29/2008 Sworn and subscribed to before me this o7 day of A.D. Richard D. McCarty, Notary Public Chambersb n Bom Frini in County J .29,2011- t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK F/K/A NATIONAL CITY BANK OF INDIANA, NO. 07=6864 Plaintiff, P_RAECIPE TO REINSTATE COMPLAINT IN MORTGAGE vs. FORECLOSURE FAWNELL V. BURKETT and DANIELLE E. BURKETT 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 It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL ) CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA ) NO. 07-6864 Plaintiff, } vs. ) FAWNELL V. BURKETT and DANIELLE E. BURKETT, ) Defendants. ) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY„ OF CUMBERLANDCOUNTY: Please reinstate the complaint in the above-captioned case. Respectfully submitted, LOUIS P. VITTI & A I ES, P.C. BY: Lo s P. i, Esquire DATE: JUNE 27, 2008 ? , ? { ?+? ? . '? . ? ? G µ . ' } ? ? T ? ? ?, o ? _ _. ?-r `=-- ?? ? ;? ?? . .?.. `? ? -? ? ?? . r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACCUBANC MORTGAGE VS BURKETT FAWNELL V ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BURKETT DANIELLE E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of HUNTINGDON serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On August 5th , 2008 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: So answers: Docketing 18.00 ,/ Jf Out of County 9.00 Surcharge 10.00 Ia?p$ R. Thomas Kline Dep Huntingdon Cc 42.40 b Sheriff of Cumberland County Postage .76 80.16 08/05/2008 LOUIS VITTI Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Accubanc Mortgage VS. Fawnell V. Burkett et al SERVE: Danielle E. Burkett 07-6864 civil No. Now, July 1, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA ,- 6 SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Accubanc Mortgage, A Division of National City Bank f/k/a National City Bank of Indiana Vs. Danielle E. Burkett 323 Iron Street Rockhill Furnace, PA 17249 No. 6864 Term:2007 Now, this 16th day of July 2008 at 1200 A.M./P.M. I served the within Notice and Complaint in Mortgage Foreclosure upon Danielle E. Burkett at 323 Iron Street, Rockhill Furnace, PA 17249 by handing to Danielle (Burket) Winegardner, personally two true and correct copy/copies of the within Notice and Complaint in Mortgage Foreclosure and made known to Danielle (Burket) Winegardner the contents thereof. Sworn and subscribed to before me this day of 20 nR .D. NOTARIAL SEAL 'Tammy S. Foor, Notary Public Huntingdon Borough, Huntingdon County My commission expires October 21, 2010 So Answers, ;Dej3utv G. Walters, Sheriff Sherri L. Cressman Chief Deputy/Deputy Costs: Rec. & Doc. $9.00 Service Mileage/Postage $19.40 Surcharge --- Affidavit $5.00 Miscellaneous --- Total Costs $42.40 Paid IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK, f/k/a NATIONAL CITY BANK OF INDIANA, NO. 07-6864 PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF Plaintiff, MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vs. Code MORTGAGE FORECLOSURE FAWNELL V. BURKETT and DANIELLE E. BURKETT, Filed on behalf of Plaintiff Counsel of record for this Defendants. parry: 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 ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $133,442.90, in favor of the Accubanc Mortgage, et al, Plaintiff in the above-captioned action, against the Defendants, Fawnell V. Burkett and Danielle E. Burkett and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $113,212.22 Interest from 05/01/07-08/26/08 10,112.33 (Plus $21.9358 per day after 08/26/08) Late charges (Plus $32.90 per month from 11/08/07-03/04/09 $493.50) 164.50 Attorney's fee 5,660.61 Escrow Deficit 4.293.24 (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 133.442.90 The real estate, which is the subject matter of the Complaint, is situate in Twp of Southampton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 301 Walnut Dale Road, Shippensburg, PA 17257. Parcel No. 39-14-0165-012 & 39-14-0165-012A. '17 42 Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. CERTIFICATION OF MAILING NO: 07-6864 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 August 13, 2008, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: r wzkarea Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 26th day of August, 2008. 4 d. l Y NOTARIAL SEAL kAoju I? PublIC ECITyOF HERRY L HOUSE Notary Pub is Notary ALLEG s on EX PIres May15O 0 1 IN THE COURT OF C01/IMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, vs. FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. IMPORTANT NOTICE TO: Fawnell V. Burkett 301 Walnut Dale Road Shippensburg, PA 17257 Date of Notice: August 13, 2008 NO. 07-6864 Danielle E. Burkett 323 Iron Street Rockhill Furnace, PA 17249 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 WITHINT 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 LIBERT17 AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS I & AS E P.Q BY: L uis . V' ti, Esquire 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." 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. 4:0C -1 -- -- --- --- Louis P. Vitti, Esquire SWORN to and subscribed before me this 26th day of August, 2008. 1? NOTARIAL SEAL SHERRY L HOUSE Notary Public _ NQtQtY Publia CITY OF pM8URGH. ALLO¢HINY COUNTY MY Commlalon ixRlf*4 NIQ 15. 2011 r? c"? 1 Y - 7c 1+. y =_s7 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-6864 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK F/K/A NATIONAL CITY BANK OF INDIANA Plaintiff (s) From FAWNELL V BURKETT AND DANIELLE E BURKETT (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 $133,442.90 L.L.$0.50 Interest $ 4.145.87 Atty's Comm % Atty Paid $37330 Plaintiff Paid Due Prothy $2.00 Other Costs Date: AUGUST 28, 2008 (Seal) REQUESTING PARTY: Name LOUIS P VITTI ESQ Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 CuAis R. Long, Prothonotary By:c Deputy ( R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF ECEECUTION 'aotion : Accubanc Mortgage, A Division of National City Bank f/k/a National City Bank of Indiana vs. ( ) Confessed Judgment : (XX ) Other : File No. 07-6864 : Amount Due $133,442.90 Fawnell V. Burkett and Danielle E. Burkett, TO THE PROTHONOTARY OF THE SAID COURT: Interest 4,145.87 . Atty's Corm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate ori.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) Twp of Southampton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 301 Walnut Dale Road, .Shippensburg, PA 17257. Parcel No. 39-14-0165-012 & 39-14-1065-012A. PRAECLPE FOR ATTACR4 NP E=MON Issue writ of attachment to the Sheriff of 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 l.is pendens against real estate of the defendant(s) described in the attached exhibit. DATE: August 26, 2008 Signature: Z?&,OZ; A - • 4 4 014 P=int Name: Louis P. Vitti 916 Fifth Avenue .address: Pittsburgh, PA 15219 torney for: Plaintiff V- I z 00 r p r + s CJ z ?z N C=) N co n3 n? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK, f/k/a NATIONAL CITY BANK OF INDIANA, NO. 07-6864 PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF Plaintiff, LAST KNOWN ADDRESS VS. FAWNELL V. BURKETT and DANIELLE E. BURKETT, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Defendants. 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 ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $133,442.90 Interest 08/27/08-03/04/09 4,145.87 Total $142.257.63 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Twp of Southampton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 301 Walnut Dale Road, Shippensburg, PA 17257. Parcel No. 39-14-0165-012 & 39-14-0165-012A. Louis P. Vitti, Esquire Attorney for Plaintiff F yt" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. AFFIDAVIT NO: 07-6864 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' Fawnell V. Burkett last known address is 301 Walnut Dale Road, Shippensburg, PA 17257. That the Defendants' Danielle E. Burkett last known address is 323 Iron Street, Rockhill Furnace, PA 17249. ?) /Jp? Louis P. Vitti, Esquire SWORN TO and subscribed before me this 26th day of August, 2008. NOTARIAL SEAL SHERRY L HOUSE Notary Public Notary Publi CITY OF PITTSBURGH, ALLEGHENY COUNTY My Commission Expires May 15, 2011 te ??} .{ r-, i ' r 7 4 r°'t x a?: r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of Accubanc Mortgage, et al, 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. 60 Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 26th day of August, 2008. "L i?_L" Notary Public v NOTARIAL SEAL SHERRY L HOUSE Notary Public CITY OF PITTSBURGH, ALLEGHENY COUNTY My Commission Expires May 15, 2011 Ca c:.? t'`y c. .- `_$ .? C ,. c°?ca ? t;?.;' `' -- ?? T' i / 1?- ?c - ?1 •^1 -;-. G,? t a z? s.. ? ? :? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 NO: 07-6864 Accubanc Mortgage, et al, 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 301 Walnut Dale Road, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Fawnell V. Burkett Danielle E. Burkett Address (Please indicate if this cannot be reasonably ascertained) 301 Walnut Dale Road Shippensburg, PA 17257 323 Iron Street Rockhill Furnace, PA 17249 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) 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 Southampton Township Shippensburg Borough Water Authority Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division 200 Airport Road Shippensburg, PA 17257 201 Dykeman Road Shippensburg, PA 17257 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 301 Walnut Dale Road Shippensburg, PA 17257 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. August 26, 2008 Date SWORN TO and subscribed before me this 26th day of August, 2008. TARIAL SEAL SHERRY Lp OUSE Noior/ blIC PITTSBURGH. ALLEGHENY MOY 15, 2fl 1 Exp NorMIIVyC0:'r misslon Louis P. Vitti, Esquire Attorney for Plaintiff C"> N t?,? `` --?„=E` `"?" ?? ? -r• r?-w ?r "? r -.. s..? ? :?? e .? fs-. ?. <-- [?,,. ?...' ?C'3 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 Fawnell V. Burkett Danielle E. Burkett TO: 301 Walnut Dale Road Shippensburg, PA 17257 323 Iron Street Rockhill Furnace, PA 17249 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 March 4, 2009 at 10:00 A.M., the following described real estate, of which Fawnell V. Burkett and Danielle E. Burkett are owners or reputed owners: Twp of Southampton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 301 Walnut Dale Road, Shippensburg, PA 17257. Parcel No. 39-14-0165-012 & 39-14-0165-012A. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Accubanc Mortgage, et al vs. Fawnell V. Burkett, et al at 07-6864 in the amount of $133,442.90. 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. w ? 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 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. 14 ?1 • 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 ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK, f/k/a NATIONAL CITY BANK OF INDIANA, CIVIL DIVISION NO. 07-6864 AFFIDAVIT OF SERVICE Plaintiff, vs. FAWNELL V. BURKETT and DANIELLE E. BURKETT, 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. Defendants. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 r0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK, f/k/a NATIONAL CITY BANK OF INDIANA, NO: 07-6864 Plaintiff, vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants AFFIDAVIT OF SERVICE I, Louis P. Vitti, 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 September 2, 2008, advising them of the Sheriffs sale of the property at 301 Walnut Dale Road, Shippensburg, PA 17257, on March 4, 2009. LOUIS P. VITTI & ASSOCIATES, P.C. B Louis P. Vitti SWORN to and subscribed before me this 13th day of February, 2009. NOTARIAL SEAL All SHERRY L HOUSE Notary Public CITY Of PITTSBURGH, ALLEGHENY COUNTY "Notary Public My Commission Expires May 15, 2011 U.S. POSTAL SERVICE CERTIFICATE OF MAILING y?&PQ* MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER A ® Received From: 7 PITNEY BOWES 02 1A $01 100 L ogis P Vitti & Societe- P .C. ¢ - 916 Fifth Avenue. Pittsburgh. PA 15219 0004601270 SEP 02 2008 MAILED FROM ZIP CODE 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 U.S. POSTAL SERVICE CERTIFICATE OF MAILING 5AP, MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER a ((((t BOWES Received From: 7 gPITNEV $ 01 a 100 Louis P Vitt! & Associates P.C. 02 1A 0004601 270 SEP 02 2008 _ 916 Fifth Avenue. Pittsburgh. PA 15219 MAILED FROM ZIPCODE 1 521 9 One piece of ordinary mail addressed to: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 PS Form 3817, January 2001 ?Ises P% U.S. POSTAL SERVICE CERTIFICATE OF MAILING ?.. Q5 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER O PITNEY BOWES Received From: y 02 1A $ 01.100 Louis P. Vitti 8 Associates P .C. 0004601 270 SEP 02 2008 916 Fifth Avenue. Pittsburgh. PA 15219 MAILED FROM ZIP CODE 1521 9 One piece of ordinary mail addressed to: PA Dept. of Sheriff Sales Bureau of Compliance oUUNT UV1 e #281230 Dept. Harrisburg, PA 17128-1230 2 ?r r 11 PS Form 3817, January 2001 L? U.S. POSTAL SERVICE CERTIFICATE OF MAILING 19,90SPC*)t MAY USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER te4 B® ? ? Cdr PITNEY BOWES Received From: 02 1A $01 100 Louis P Vitti & Associates P.C. - 0004601 270 SEP 02 2008 916 Fifth Avenue. Pittsburgh. PA 15219 MAILED FROM ZIP CODE 15 219 One piece of ordinary mail addressed to: Tenant/Occupant 301 Walnut Dale Road Shippensburg, PA 17257 PS Form 3817, January 2001 slh.burkett.3.4.09 ti 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, Pittsburgh. PA 15219 One piece of ordinary mail addressed lo: Tax Collector of Southampton Township 200 Airport Road Shippensburg,PA 17257 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. Vitti & Associates, P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed to: Shippensburg Borough Water Authority 201 Dykeman Road Shippensburg, PA 17257 PS FOrfrl 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. Vitti & Associates. P.C. 916 Fifth Avenue, Pittsburah, PA 15219 One piece of ordinary mail addressed to: Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 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. Vitd & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed to: Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS FOfm 3817, January 2001 PC? Q PITNEY BOWES 02 1A $ 01.10° 0004601270 SEP02 2008 MAILED FROM ZIP CODE 15219 6ps PON ?a9 PITNEY BOWES 02 1A $ 01.100 0004601270 SEP02 2008 MAILED FROM ZIP CODE 15 219 SAPS Pa ?t ? i !wry 7 l PITNEY BOWES 02 1A $ 01.10° 0004601270 SEP02 2008 MAILED FROM ZIP CODE 15 219 O ?c M® PITNEY BOWES 0° 02 1A $01.1 0004601270 SER02 2008 MAILED FROM ZIP CODE 15 219 y, t ?', ? ? ?'?` ° _ -?-, a _ ? ?:? - _ ti tx? , } ? ? _? ! ? Accubanc Mortgage; a Division of National City In the Court of Common Pleas of Bank f/k/a National City Bank of Indiana Cumberland County, Pennsylvania VS Writ No. 2007-6864 Civil Term Fawnell V. Burkett and Danielle E. Burkett R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Fawnell V. Burkett, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. FRANKLIN COUNTY RETURN: And Now, October 13, 2008 at 0945 hours served the within Real Estate Writ, Notice of Sale and Description upon Fawnell V. Burkett by making known unto George Burkett, father of Fawnell Burkett, at 4884 Stone Bridge Road, Greencastle, PA 17225-8717 its contents and at the same time handing to him a true and correct copy of the same. So answers: Dane Anthony, Sheriff of Franklin County, Pennsylvania. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Danielle E. Burkett, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. HUNTINGDON COUNTY RETURN: And Now, September 18, 2008 at 1924 hours served the within Real Estate Writ, Notice of Sale and Description upon Danielle E. Burkett by making known unto Danielle (Burkett) Winegardner, at 323 Iron Street, Rockhill Furnace, PA 17249 its contents and at the same time handing to her a true and correct copy of the same. So answers: William G. Walters, Sheriff of Huntingdon County, Pennsylvania. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2008 at 1924 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 Fawnell V. Burkett and Danielle E. Burkett, located at 301 Walnut Dale Road, Shippensburg, 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: Fawnell V. Burkett, by regular mail to his last known address of 4884 Stone Bridge Road, Greencastle, PA 17225-8717. This letter was mailed under the date of November 4, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Danielle E. Burkett, by regular mail to her last known address of 323 Iron Street, Rockhill Furnace, PA 17249. This letter was mailed under the date of October 16, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 23.86 Posting Bills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Mileage 36.00 Levy Surcharge Out of County Franklin County Huntgindon County Postpone sale Law Journal Patriot News Share of bills So Answers:, R. Thomas Kline, Sheriff BY C10J-1 Real Estate Coordinator 30.00 40.00 18.00 44.70 45.90 40.00 419.00 411.95 14.92 p3 -2.0 D C.-" . 50 UL G g9Y? d&,, .? -7.3 FILED-0?-FILE OF THE ) ?-ICNOTARY 2M APR -8 AH g'. 56 CUPS _?Js'c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, vs Plaintiff, NO: 07-6864 FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Accubanc Mortgage, et al.. 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 301 Walnut Dale Road, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Fawnell V. Burkett 301 Walnut Dale Road Shippensburg, PA 17257 Danielle E. Burkett 323 Iron Street Rockhill Furnace. PA 17249 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 v 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 Southampton Township Shippensburg Borough Water Authority Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Address (Please indicate if this cannot be reasonably ascertained) 200 Airport Road Shippensburg, PA 17257 201 Dykeman Road Shippensburg. PA 17257 P.O. Box 8016 Harrisburg. PA 17105 One Courthouse Square Carlisle. PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 301 Walnut Dale Road Shippensburg, PA 17257 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. August 26, 2008 Date SWORN TO and subscribed before me this 26th day of August. 2008. Not 'A' tAL SEAL SHERRY LHOUSE Notary p Ci?+ pp p,TTSBURGH, ALLEGHENY i OUN MY CommiSSlon Expifes MoY Louis P. Vitti, Esquire Attorney for Plaintiff N NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Fawnell V. Burkett Danielle E. Burkett 301 Walnut Dale Road Shippensburg, PA 17257 323 Iron Street Rockhill Furnace, PA 17249 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 March 4, 2009 at 10:00 A.M., the following described real estate, of which Fawnell V. Burkett and Danielle E. Burkett are owners or reputed owners : Twp of Southampton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 301 Walnut Dale Road, Shippensburg. PA 17257. Parcel No. 39-14-0165-012 & 39-14-0165-012A. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Accubanc Mortgage, et al vs. Fawnell V. Burkett. et al at 07-6864 in the amount of $133.442.90. 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 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.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. LEGAL DESCRIPTION ALL those two tracts of land situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: TRACT NO. 1: BEGINNING at a point on the South side of a public road and thence by line in a Southeasterly direction along line of land formerly of Conrad Clever, a distance of 168 feet, more or less, to a stone marker; thence by line in a Northeasterly direction along line of land formerly of George Hines, a distance of 100 feet, more or less, to a stone marker; thence by line in a Northwesterly direction along lands now or formerly of Gontz Estate, a distance of 130 feet to South side of public road; thence by line along South side of public road running in a southwesterly direction a distance of 100 feet to a point, the place of beginning. This is being sold with the same right for the use of a well and water right on property now or formerly of the Charles Gontz Estate, as mentioned in former deeds. TRACT NO. 2: BEGINNING at a point on the South side of the public road and tract number one; thence along said road a distance of 792 feet, more or less, to a point in lands now or formerly of Samuel Ott; thence by the same a distance of 330 feet, more or less, to a point in lands now or formerly of the Commonwealth of Pennsylvania; thence by the same a distance of 850 feet to a point in tract number one; thence by tract number one a distance of 168 feet, more or less, to the place of beginning. HAVING thereon erected a one-story frame dwelling known as 301 Walnut Dale Road, Shippensburg, PA 17257. PARCEL NO. 39-14-0165-012 & 39-14-0165-012A. BEING the same premises which Kimberly J. Yonish and Christopher D. Yonish, wife and husband, by Deed dated 10/31/2005 and recorded 11/02/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 271, Page 3767, granted and conveyed unto Fawnell V. Burkett and Danielle E. Burkett, his wife. WRIT OF EXECUTION and/or ATTACHMENT COMMON ,WEALTH OF PENNSYLVANIA) N007-6864 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK F/K/A NATIONAL CITY BANK OF INDIANA Plaintiff (s) From FAWNELL V BURKETT AND DANIELLE E BURKETT (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 $133,442.90 L.L.$0.50 Interest $ 4.145.87 Atty's Comm % Due Prothy $2.00 Atty Paid $373.30 Other Costs Plaintiff Paid Date: AUGUST 28, 2008 (Seal) REQUESTING PARTY: Name LOUIS P VITTI ESQ Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF _ s !C C is R. Long, Prothonotary r By: 4"" a, Deputy Telephone: 412-281-1725 Supreme Court ID No. 01072 Real Estate Sale #69 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA 0- Known and numbered as 301 Walnut Dale Rd., Shippensburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2008 By: c Real Est to Sergeant 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: October 31, November 7 and November 14, 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. isalMarie Coyne, Editor SWORl,1? AND SUBSCRIBED before me this 14 day of November. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 USAL NWATS $A" NO. 69 Writ No. 2007-6864 Civil Accubanc Mortgage, a Division of National City Bank f/k/a National City Bank of Indiana vs. Fawnell V. Burkett and Danielle E. Burkett LEGAL DESCRIPTION ALL those two tracts of land situ- ate in Southampton Township, Cum- berland County, Commonwealth of Pennsylvania, bounded and limited as follows. to wit: TRACT NO. 1: BEGINNING at a point on the South side of a pub- lic road and thence by line in a Southeasterly direction along line of land formerly of Conrad Clever, a distance of 168 feet, more or less, to a stone marker; thence by line in a Northeasterly direction along line of land formerly of George Hines, a distance of 100 feet more or less, to a stone marker; thence by line in a Northwesterly direction along lands now or formerly of Gontz Estate, a distance of 130 feet to South side of public road; thence by line along South side of public road running in a southwesterly direction a distance of 100 feet to a point, the place of beginning. This is being sold with the same right for the use of a well and water right on property now or formerly of the Charles Gontz Estate, as mentioned in former deeds. TRACT NO. 2: BEGINNING at a point on the South side of the public road and tract number one; thence, along said road a distance of 792 feet, more or less, to a point in lands now or formerly of Samuel Ott; thence by the same a distance of 330 feet, more or less, to a point in lands now or formerly of the Commonwealth of Pennsylvania; thence by the same a distance of 850 feet to a point in tract number one; thence by tract number one a distance of 168 feet, more or less, to the place of beginning. HAVING thereon erected a one- story frame dwelling known as 301 Walnut Dale Road, Shippensburg, PA 17257. PARCEL NO. 39-14-0165-012 8v 39-14-0165-012A. BEING same premises which Kim- berly J. Yonish and Christopher D. Yonish, wife and husband, by Deed dated 10/31/2005 and recorded 11/02/2005 in the Recorder's Office of Cumberland County, Pennsylva- nia, Deed Book Volume 271, Page 3767, granted and conveyed unto Fawnell V. Burkett and Danielle E. Burkett, his wife. I - The Patriot-News Co. 812 Marker St. ' Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot News Now you know 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 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 thus 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: 10129108 11105/08 11/12/08 ?. X SITm to and s?ibsc"ibed before me the 2 da?i of November, 2008 A. D. Notary Public 'C'OMMONWEALTH CIF pE NNSYI.VANIA & Notarial sea! Shen* L. Kksner, ,eta-,,ry Pubfu; Cry Hanisburr, °DaR.phin Couirty my Corrttrnss+or? Exprres Nov 26, 2011 Member. Permsylvania s ,Q?f nloterier F ROM Bt 600 Saint 140.69 M#t Ma. ClVN Term Aoeubano Mortgage, A Dhrtlon of National-City Bank VW& ' Alatiornd City Bank of Indiana vs l7m melt V. Burkett and Danielle E. Burkett Attorney Louis Vftd LEGAL DESCRIPTION ALL those two tracts of land situate in sovtlamptn4 Township,-Cumberland County, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: TRACE NO. 1: WINNING at a point on the South side of a public mad and thence by lice in a Southeasterly direction along line of land formerly of Conrad Clever, a distance of 168 feet, more or less, to a stare marker thence by fine in a Northeasterly direction along line of land formerly of George Hines, a distance of 100 feet, mote or less, to a stone metres; thence by line i"Northwesterly direction 'along lands now or formerly of Gonu Estate, a distance of 130 fat to Saint side of public road; thence by line along South side of public road running in a swthwestorly direction a distance of 100 feet to a"point, the place of beginning. Tlgs is being sold with the same eight for the use of a well and water right on pmpetty now or. formerly of 'the :Charles Gontz Estate,; as mentioned in former deeds. TIUCT NO. 2: BEG NNING at a point on the South side of the public road and tract number one; thence along said road a distance of 792 feet, more or less, to-a point in lands now or formerly of Samuel Ott; them by the same a distance of 330 feet, more or less, to a point in lands now or formerly of the Commonwealth of Pennsylvania; thence by the same a distance of 850 feet to a point in tract number one; thence by tract number one a distance of 168 feet, more or less, to the place of beginning. HAVING thereon erected a one-story frame dwelling imown as 301 Walnut Dale Road, Shippdnsbur& FM73S7. PARCEL NO. 39-14.0165-012 & 39-14-0165- 012A. BEING the same premises which Kimberly J. Yomsh and CkWopber D.-Yooish, wife and husband, by Deed daied 10/3112005 and recorded 1I/07I2005 in the Recorder's Office of Comberland County, Pennsylvania Deed Book Volume 271, Page 3767, granted and aomvyed OW Fawnell V BudJutit and Damok E. Burin, his wife. • ' r i,.. ; 1 d r1 .. j. .. 2314 JAI, 27 ppi 3; 37 /AMA? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY • BANK f/k/a NATIONAL CITY BANK OF INDIANA, • Plaintiff, : NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, • Defendants. • PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s)in the above-captioned matter as follows: Amount Due $133,442.90 Interest 08/27/08-06/04/14 46,218.77 Total $179,661.67 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Twp of Southampton,Cty of Cumberland&Cmwlth of PA. HET a dwg k/a 301 Walnut Dale Road, Shippensburg, PA 17257. Parcel No. 39-14-0165-012 & 39-14-01 012A. DS SO ■ r)l• d U it) ' � t� Louis P. Vitti, Esquire tt :' , opt. t` cOdisir Attorney for Plaintiff 0.1 _'a5 2 b tt " eX_A -3(2)(1 ) b.UO �, �� LA. 6( 12 ■ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, • Plaintiff, : NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, • • Defendants. • 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' Fawnell V. Burkett last known address is 301 Walnut Dale Road, Shippensburg,PA 17257. That the Defendants'Danielle E. Burkett last known address is 323 Iron Street, Rockhill Furnace, PA 17249. ouis P. Vitti, Esquire SWORN TO and subscribed before me this 21st day of January, 2014. 1� �� • ot. s. .is -Notarial Seel Sherry L House,Notary Public City of Pittsburgh,Allegheny qty My Commission Expires May 15,2018 4: ,.Pfl YLVA NIA ASSOCIATION • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK, f/k/a NATIONAL CITY BANK OF INDIANA, NO. 07-6864 PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF Plaintiff, LAST KNOWN ADDRESS vs. Code MORTGAGE FORECLOSURE Filed on behalf of FAWNELL V. BURKETT and DANIELLE Plaintiff E. BURKETT, Counsel of record for this partY: Defendants. Louis P. Vitti, Esquire Supreme Court#01072 Vitti &Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 07-6864 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACCUBANC MORTGAGE,A DIVISION OF NATIONAL CITY BANK F/K/A NATIONAL CITY BANK OF INDIANA Plaintiff(s) From FAWNELL V. BURKETT,DANIELLE E. BURKETT (I) 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: $133,442.90 L.L.: $.50 Interest 8/27/08-6/4/14-$46,218.77 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,616.13 Other Costs: Plaintiff Paid: Date: 1/27/14 • David D. Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name: LOUIS VITTI, ESQUIRE Address: VITTI&VITTI&ASSOC.,P.C. 215 FOURTH AVENUE PITTSBURGH,PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION • ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY • BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 vs • • FAWNELL V. BURKETT and DANIELLE E. BURKETT, • • Defendants. LEGAL DESCRIPTION ALL those two tracts of land situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania,bounded and limited as follows, to wit: TRACT NO. 1: BEGINNING at a point on the South side of a public road and thence by line in a Southeasterly direction along line of land formerly of Conrad Clever, a distance of 168 feet, more or less,to a stone marker;thence by line in a Northeasterly direction along line of land formerly of George Hines, a distance of 100 feet, more or less, to a stone marker; thence by line in a Northwesterly direction along lands now or formerly of Gontz Estate,a distance of 130 feet to South side of public road; thence by line along South side of public road running in a southwesterly direction a distance of 100 feet to a point, the place of beginning. This is being sold with the same right for the use of a well and water right on property now or formerly of the Charles Gontz Estate, as mentioned in former deeds. TRACT NO. 2: BEGINNING at a point on the South side of the public road and tract number one; thence along said road a distance of 792 feet, more or less, to a point in lands now or formerly of Samuel Ott; thence by the same a distance of 330 feet, more or less, to a point in lands now or formerly of the Commonwealth of Pennsylvania;thence by the same a distance of 850 feet to a point in tract number one; thence by tract number one a distance of 168 feet,more or less, to the place of beginning. HAVING thereon erected a one-story frame dwelling known as 301 Walnut Dale Road, Shippensburg, PA 17257. PARCEL NO. 39-14-0165-012 & 39-14-0165-012A. BEING the same premises which Kimberly J. Yonish and Christopher D.Yonish,wife and husband, by Deed dated 10/31/2005 and recorded 11/02/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 271, Page 3767, granted and conveyed unto Fawnell V. Burkett and Danielle E. Burkett, his wife. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION • ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY • BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 vs • FAWNELL V. BURKETT and DANIELLE E. BURKETT, • • Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Accubanc Mortgage, et al, 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 301 Walnut Dale Road, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this C. cannot be reasonably ascertained Fawnell V. Burkett 301 Walnut Dale Road ;—' zt. r: Shippensburg, PA 17257 r -,� < r < Danielle E. Burkett 323 Iron Street - Rockhill Furnace, PA 17249 >c cr -.4 CO -< -_J 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) 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 Southampton Township 200 Airport Road Shippensburg, PA 17257 Shippensburg Borough Water Authority 201 Dykeman Road Shippensburg, PA 17257 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts One Courthouse Square Criminal/Civil Division Carlisle, PA 17013 Tax Claim Bureau of Cumberland County One Courthouse Square Cumberland County Courthouse Carlisle, PA 17013 Court of Common Pleas of P.O. Box 320 Cumberland County Carlisle, PA 17013 Domestic Relations Division PA Dept. of Sheriff Sales Dept. #281230 Bureau of Compliance Harrisburg, PA 17128-1230 Tenant/Occupant 301 Walnut Dale Road Shippensburg, PA 17257 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. January 21, 2014 °moo. t Date ouis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 21st day of January, 2014. "'Notary Pu i COMMONWEALTH OF '- r l 4 Notarial Seel Sherry L House,Notary Public flay of Pllisburgh,Allegheny County G MMI$51On E'xpkes May u,2015 • '.._ YAM ASSOC/ATM OF:;+, '�!'� y C3 .• NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO r " PENNSYLVANIA RULE OF CIVIL ? •• --t` PROCEDURE 3129.1 r e TO: Fawnell V. Burkett Danielle E. Burkett 301 Walnut Dale Road 323 Iron Street Shippensburg, PA 17257 Rockhill Furnace, PA 17249 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 4,2014 at 10:00 A.M., the following described real estate, of which Fawnell V. Burkett and Danielle E. Burkett are owners or reputed owners: Twp of Southampton,Cty of Cumberland&Cmwlth of PA. HET a dwg k/a 301 Walnut Dale Road, Shippensburg, PA 17257. Parcel No. 39-14-0165-012 & 39-14-0165-012A. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Accubanc Mortgage, et al vs. Fawnell V. Burkett, et al at 07-6864 in the amount of$133,442.90. 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 Sheriffs Sale and the loss of your property. In order to exercise those rights,prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing,before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty(20)days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty(20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff oui . Vitti, sq ire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 (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.** r "-,11- -0,-- • i C-L1ERLAND CCUWY PENNS YLVA;.'iIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK f/kJa NATIONAL CITY BANK OF INDIANA, NO. 6864-2007 vs. MOTION FOR SPECIAL SERVICE Plaintiff, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff FAWNELL V. BURKETT and DANIELLE Counsel of record for this E. BURKETT, party: Defendants. Louis P. Vitti, Esquire Supreme Court #01072 Vitti & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 L. t "1 C t. l %t f PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 6864-2007 Vs FAWNELL V. BURKETT and DANIELLE E. BURKETT. Defendants. MOTION FOR SPECIAL SERVICE NOW comes the Plaintiff by and through its counsel, Vitti & Vitti & Associates, P.C., and Louis P. Vitti, Esquire, and files this Motion for Special Service whereof the following is a statement: 1. Plaintiff did file a Complaint at the above -captioned number in mortgage foreclosure and judgment was entered. 2. The property that is the subject of this action is situate at 301 Walnut Dale Road, Shippensburg, PA 17257 (hereinafter "Property"). 3. Defendant Fawnell V. Burkett (hereinafter "Fawnell") was served with original process on November 30, 2007, at the Property, where he then resided. A true and correct copy of the sheriff's return dated December 4, 2007, is attached hereto, made a part hereof, and called Exhibit "A." 4. Defendant Danielle E. Burkett (hereinafter "Danielle") was served with original process on July 16, 2008, at 323 Iron. Street, Rockhill Furnace, PA 17249, where she then resided. A true and correct copy of the sheriffs return dated July 28, 2008, is attached hereto, made a part hereof, and called Exhibit "B"). 5. A writ of execution issued on August 28, 2008 and a sheriffs sale was scheduled for March 4, 2009. 6. Notice of said sheriff's sale was served upon Fawnell at 4884 Stone Bridge Road, Greencastle, PA 17225 and upon Danielle at the 323 Iron Street address. A true and correct copy of the corresponding undated sheriff's return is attached hereto, made part hereof, and called Exhibit 7. A writ of execution reissued on January 27, 2014 and a sheriff's sale was scheduled for June 4, 2014. 8. Plaintiff s counsel attempted to make service in accordance with Pennsylvania Rule of Civil. Procedure Nos. 3129.1, et seq. by mailing a copy of the Notice of Sale to each Defendant by certified mail, return receipt requested, restricted delivery, but said mailings were returned to Plaintiffs counsel on March 12 as undeliverable and unable to forward. See Exhibit "D". 9. On March 28, the sheriff made a return of no service as to Fawnell at the Property address. See Exhibit "E." 10. On April 24, the sheriff made a return of no service as to Danielle at the 323 Iron Street address. See Exhibit "F". 11. On May 2, the sheriff's sale was voluntarily continued to September 3. 12. On May 8, .2014, the Postmaster of Shippensburg responded to an information request by indicating that neither Defendant was known at the Property address. See Exhibit "G". 13. On May 8, the Postmaster of Rockhill Furnace responded to an information request by indicating that Danielle was not known at the 323 Iron Street address. See Exhibit "H." 14. An investigation report obtained by Plaintiff's counsel reflects a potential address for Danielle of 4884 Stone Bridge Road, Greencastle, PA 17225, but otherwise reflects no other potential address for either Defendant. See Exhibit "I." 15. On June 24, the Postmaster of Greencastle responded to an information request by indicating that Danielle moved from the 4884 Stone Bridge Road address, leaving no forwarding address. See Exhibit "J." 16. A people search of Yellowpages.com reflects the Property address for each Defendant. See Exhibit "K". 17. Notice of said sale was given by handbills posted by the Sheriff of Cumberland County in his office and upon the mortgaged property at least thirty (30) days before the sale. 18. Mail has been directed to Defendants, effecting substantial compliance with Rules 3129.1 and 400, et seq. 19. This sale has been advertised in accord with the Rules of Civil Procedure by the Sheriff. 20. By virtue of the fact that substantial compliance with the requirements of Rules 3129.1 and 400, et seq. have been effected, the case may be scheduled for the October 1, 2014 sale. 21. There is no opposing counsel of record and hence the concurrence requirement of C.C.R.P. No. 208.2(d) does not apply. 22. No judge has previously ruled upon any other issue in this or a related matter. WHEREFORE, Plaintiff prays this Honorable Court enter an Order, authorizing service of the notice of sheriffs sale upon Defendants by regular mail to each of their respective last known addresses and by the sheriff's posting the Property one time. BY: VITTI & VITTI & ASSOC., P.C. ouis P. Vitti, Esquire Attorney for Plaintiff 4 SHERIFF'S RETURN - REGULAR CA J: 2007-06864 P COMMONWEALTH OF 13NNSYLVANIA: COUNTY OF CUMBERLAND ACCUBANC MORTGAGE VS BURKETT FAWNELL. ET. AL. DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being says, the within COMPLAINT - MORT FORE BURKETT FAWNELL V. duly sworn according to law, was served upon DEFENDANT t.he , at 1554:00 HOURS, on the 30th day of NoveMbPr at 301 WALNUT DALE ROAD ' s IPPENSBURG, PA 17257 —;SELL V BURKETT 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 Service Affidavit Surcharge 18.00 19.20 . 00 10.00 . 00 So Answers: 47.20 12/04/2007 Sworn and Subscibed to before me this day of LOUIS VITTI By: A . D Deputy Sheriff /-.SHERIFF'S RETURN - NOT FOttND CASE NO: 2007-06064? COVMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ACCUBANC MORTGAGE VS BURKETT FAWNELL V ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that inquiry for the within named DEFENDANT BURKETT DANIELLE E he made a diligent search and unable to locate Her in his bailiwick. but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 301 WALNUT DALE ROAD , NOT FOUND , as to ; BURKETT DANIELLE E SHIPPENSBURG, PA 17257 PER FAWNELL, DANIELLE LIVES IN GREEN STLE. Sheriff's Costs: Docketing 6.00 .00 5.00 10.00 .00 So answer R. Thomas Kline Sheriff of Cumberland County 21.00 LOUIS VITTI ed to before Of 12/04/2007 EXHIBIT Accubanc Mortgage, a Division of National City Bank f/k/a National City Bank of Indiana VS Fawnell V. Burkett and Danielle E. Burkett In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-6864 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Fawnell V. Burkett, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania -to -serve -the -within -Real Estate Writ; Notice--of'Sale-and.-Description,-according to law. FRANKLIN COUNTY RETURN: And Now, October 13, 2008 at 0945 hours served the within Real Estate Writ, Notice of Sale and Description upon Fawnell V. Burkett by making known unto George Burkett, father of Fawnell Burkett, at 4884 Stone Bridge Road, Greencastle, PA 17225-8717 its contents and at the same time handing to him a true and correct copy of the same. So answers: Dane Anthony, Sheriff of Franklin County, Pennsylvania. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Danielle E. Burkett, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. HUNTINGDON-COt TY -RETURN: d=NowSeptember 1-8 008 -at -1 -924 -hours -served-- the within Real Estate Writ, Notice of Sale and Description upon Danielle E. Burkett by making known unto Danielle (Burkett) Winegardner, at 323 Iron Street, Rockhill Furnace, PA 17249 its contents and at the same time handing to her a true and correct copy of the same. So answers: William G. Walters, Sheriff of Huntingdon County, Pennsylvania. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2008 at 1924 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 Fawnell V. Burkett and Danielle E. Burkett, located at 301 Walnut Dale Road, Shippensburg, 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: Fawnell V. Burkett, by regular mail to his last known address of 4884 Stone Bridge Road, Greencastle, PA 17225-8717. This letter was mailed under the date of November 4, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly swum 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: Danielle E. Burkett, by regular mail to her last known address of 323 Iron Street, Rockhill Furnace, PA 17249. This letter was mailed under the date of October 16, 2008 and never returned to the Sheriffs Office. R. Thomas Kiixie, Sheriff BY 0 f , Real Estate Ser Vitti &Vitti & Associates, E C. Counsellors at Law 215 Fourth Avenue Finsbtugh, PA. 1522 Vitti &Vitti. Associates, P.C. counsellors at Law 215 Fourth Avenue Pittsburgh, PA 15222 11 1 11 1 iiri 111 71% UD& 9111 1&3 3332 . RETURN RECEIPT REQUESTED Famn.di v, Birkat- CMILY1] 301 Wainixt Dale Road Shippensburg, PA 17257 • • .. $11.54Q US US POSTAGE FIRST-CLASS • AV'052S00070617211 V 1,S 15722' "; /Ps, ip ,•••• re tip iftroArp,,,„ 7 E E. 1.3,11.1B• B:•4 R N TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO F ORWARD St: iszze EEFITIFIED MAIL'. 1 11 IlkIMARTItat5ERn *-Int%A-014414.4 imillill1191111111,1111,'11111.111;21i11211111illlintilmlitl Danielle E. Burkett - ONLY!! 323 Iron Street RE re RIV R9ckllillFurnap- DA 1,714(4, 1 //AMR tO - kkAL.1.1 -41 I X.TiE • or IZA3 Z:4 -31'S 4 RETURN TO 'SENDER NOT DELI VERABLE A5 ADDLE. SSED LI N AB 1 -*E TO 1= OR iti.AR 1.5222 (4,1767 BC: .15Z ZZ171372.5 *.a.,E95-021.54Z4306 -BE 1.1111131tivralirthillilim11414311641-4111211ilitiv?cli.. _SHERIFF'S OFFICE OF CUMI3ERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor � �� griuh�` 'OFFICE Op THE SHERIPF ACCUBANK Mortgage vs_ Fawnell V Burkett (et al.) Case Number SHERIFF'S2007-6864 RETURN������� OF __________ 03/05/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Danielle E. Burkatt, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Huntington County to serve the within Real Estate Writ, Notice and Deachpdon, in the above titled ootion, according to law. ' 03/28%2014 11:20 AM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 301 Walnut Dale ROad, Southampton - Township, Shippensburg, PA 17257, Cumberand County. 03/28/2014 11:20 AM - Ronny R. Anderson, Sheriff, being duly sworn according to aw, states that he made a diligent search and inquiry for the within named Defendant, to wit: Fawnell V. Burkett, but was unable to locate the Defendant in his bailiwick. He therefore returas the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 301 Walnut Dale Road, Ghippenoburg, PA 17257, Address is Vacant. SHERIFF COST: $1.073.24 SO ANSWERS, April 08, 2014 RONIVRANDERSON, SHERIFF woour*azie.smriff, Teleosmmc Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ACCUBANK Mortgage vs. Fawnell V Burkett (et al.) Case Number 2007-6864 SHERIFF'S RETURN OF SERVICE 03/05/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Danielle E. Burkett, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Huntington County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/28/2014 11:20 AM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 301 Walnut Dale ROad, Southampton - Township, Shippensburg, PA 17257, Cumberland County. 03/28/2014 11:20 AM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Fawnell V. Burkett, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 301 Walnut Dale Road, Shippensburg, PA 17257, Address is Vacant. 04/24/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff -of Huntingtron County, the within named Defendant Danielle E. Burkett, not found at 323 Iron Street, 'Rockhill Furnace, PA 17249, defendant moved and did not leave a forwarding address with the post office. So Answers: Daniel McCartney, Jr., Deputy, Sheriff. SHERIFF COST: $1,073.24 April 24, 2014 SO ANSWERS, RONI'fY R ANDERSON, SHERIFF EXHIBIT" ..._: ;buntvSu:ie Sheriff, Teleesoft, Inc. - Louis Vitti Rodney Permigian.i Lois Vitti` ''Admitted in PA, NY & NI Associates, RC, .counsellors ate;La 215 Fourth .Avenue Pitt.ehargh, PA "1.5222 Office: ( 112 281-1725 Fax: 41.2)281.-'3810 •wwwsi t.tilaw.c om DATE: May 2, 2014 MIEN POSTMASTER Shippensburg, PA 17257 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: Danielle E. Burkett Address: 301 Walnut Dale Road, Shippensburg, PA 17257 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 correspondinq_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): N/A 3. The names of all known parties to the litigation: Accubank Mortgage, et al vs Fawnell V. Burkett, et al 4. The court in which the case has been or will be heard: Court of Common Pleas of Delaware County, Cumberland 5. The docket or other identifying number if one has been issued: 2007-6864 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION 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 certifyftfal the above informatio 'is true and that the address information is needed and will be used solely for service of legal pro connect ith ac uall or pi-ois five litigation. �Lgais ' Vitti, Esquire Address: 215 Fifth Avenue Pittsburgh, PA 15222 FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME AND STREET ADDRESS Name: Address: City, State, ZIP: O No change of address order on file O Moved, left no forwarding address Not known at address given 0 No such address O Good as addressed — still receives mail at this address EXi f931T 99 POSTMARK • Louis Vitti -Rodney Permigia.n.i Lois Vitti* *Admitted in :PA, NS' & NI POSTMASTER Shippensburg, PA 17257 Vitt $tt b; Associates, E C . counsellors at: Law 215 Fourth Aventic Pittsburgh, PA 15229 Office: (412)281-172 lax: (41.2)281-5810 '6,w5V, 1t.ti] w.cOrn DATE: April 22, 2014 MIN gni r«rnn e..w,r+m..n• 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: Fawnell V. Burkett Address: 301 Walnut Dale Road, Shippensburg, PA 17257 NOTE: The name and last known address are required for change of address, information. The name, if known, and post office boxaddress 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 attomey or a party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties tothe litigation:. Accubank Mortgage, et al vs Fawnell V. Burkett, et al 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, Pennsylvania 5. The docket or other identifying number if one has been issued: 2007-6864 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION 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 t e above info tion i true.and that the address information is needed and will be used solely for service of legal proce onnectior,►.roGE"th act -Nal prc�spe`litigation. Address: 215 Fifth Avenue Loui8P. Vitti, Esquire Pittsburgh, PA 15222 FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME AND STREET ADDRESS Name: Address: City, State, ZIP: 40 No change of address order on file 0 Moved, left no forwarding address gNot known at address given 0 No such address 0 Good as addressed — still receives mail at this address EI.I_i31T" 99 POSTMARK Louis Vitti Rodney Pet-migia.n.i. Lois Vitti* *Admitted it I'A. NY & Ni A:ssociat,es, P.C. Counsellors at. .Law 215 .Fourth Avenue Pitt5buri 1:. PA. J5222 Off i{::e: ‘412) 28:l-li 25Fax: (412)281 -'381.ti DATE: May 2, 2014 �F m._. POSTMASTER Rockhill Fumace, PA 17249 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: Danielle E. Burkett Address: 323 Iron Street, Rock Hill Furnace. PA 17249 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): N/A -- 3. The -names of all known parties to the litigation: Accubank Mortgage, et al vs Fawnell V. Burkett, et al 4. The court in which the case has been or will be heard: Court of Common Pleas of Delaware County, Cumberland 5. The docket or other identifying number if one has been issued: 2007-6864 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION 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 list the above information is true and that the address information is needed and will be used solely for service of legal pro connectioy withractua or Arespective litigation. L*510 Vitti, Esquire Address: 215 Fifth Avenue Pittsburgh, PA 15222 FOR POST OFFICE USE ONLY NEW ADDRESS or.BOXHOLDER'S NAME AND STREET ADDRESS Name: Address:' City, State, ZIP: O No change of address order on file O Moved, left no forwarding address 0(, Not known at address given ❑ No such address ❑ Good as addressed — still receives mail at this address y! 1 ,��� ct EY.141T=! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK F/k/a NATIONAL CITY BANK OF INDIANA, : 6864-2007 Plaintiff, FAWNELL V. BURKE i and DANIELLE E. BURKETT, Defendants. INVESTIGATION AFFIDAVIT PURSUANT TO PA.R.C.P. NO. 430 Four Star Investigation sets forth the following: 1. Affiant and/or its agents have conducted an investigation to determine the whereabouts of the Defendant(s), FAWNELL V. BURKE1 i and DANIELLE E. BURKE i i by making inquiries of or examining the following: a. Local telephone directory assistance has the following information: rtibLL i? fzjc,<" cf ,N1»Lj BURik l7 jk) C)11p ILL i.if?__AJAzi_ • 0,2, c&1L lop' b. Local voter registration office shows the property address is: AJ' 1 kJF an/k911010 ALM 1..,18Lt c. Department of Transportation - shows that the last known address for the Defendant(s) is/are: LL amkt-r-T q- j iti Li OuR .A.) 0 nJ EXHIBIT" " d. Other (please explain): Poxi." L. I 1.7„7R8-- m )y eizes 1—)4,013 .) IOALA,14--r ,bh 'al .01 illy * 2. Notwithstanding the investigation as set forth in this Affidavit Affiant and/or rj/gLU.-• ,T7 4:8r-Kz/ E31)696i, Rola 'er/Ji,e,u(ALM its agents have not been able to locate the whereabouts of said Defendant(s) as snown 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. BY: FOUR STAR INVESTIGATION Commonwealth of Pennsylvania : : SS. County ofe-e-76- On this the 34) day of , 2014, before me, a notary public, the undersigned officer, persoltialIy appeared Affiant, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. Notary Public mv commission expires: ONWEALTH OF PENNSYLVANIA NOtarlal Seal onlca M. Pletrowskl-P111111ps, Notary Public Penn Hills Twp., Allegheny County yJ9imIssIon Expires July 23, 2016 MEMSMEMBffi4(ENNSYLVAJIIAASSOC:ATKIN OF NOTARIES Louis Vitti Rodney -Permigiani Lois Vitti* *Admiucd in PA, NY & NJ POSTMASTER Greencastle, PA 17225 x** Vi tti & Vitti & Associates, P. C. Counsellors a Law 215 Fourth. Avcynt.tc Pittsburgh, PA 15222 Office: (412)281-1725 Fax: (412)281-3810 'My .vitti1aw.coin DATE: June 19, 2014 OWN 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: Danielle E. Burkett Address: 4884 Stone Bridge Road, Greencastle, PA 17225 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): N/A 3. The names of all known parties to the litigation: Accubanc Mortgage, et al vs Fawnell V. Burkett, et al 4. The court in which the case has been or will be. heard: Common Pleas of Cumberland County, Pa 5. The docket or other identifying number if one has been issued: 6864-2007 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION 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 t o above inf• n •,tion i true and that the address information is needed and will be used solely for service of legal e) proce'ss]connectioith act I o pr Of litigation. Louis P. Vitti, Esquire Address: 215 Fifth Avenue Pittsburgh, PA 15222 FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME AND STREET ADDRESS Name: Address: City, State, ZIP: ❑ No change of address order on file 0 Not known at address given x Moved, left no forwarding address 0 No such address 0 Good as addressed — still receives mail at this address POSTMARK L inc.FULL DISCLAIMER provided solely by an unaffiliated third party,lntelius, b Ypandisp BY PHONE NUMBER YP.com is not provided Y pie SearchBY ADDRESS peo available on ---`"` information identifying i PA Persona BY NAME ; '•. 17257 _..... _........_ .._. _-- i Danielle Burkett ."_....____......__.. Danielle alnut Dale Rdt Shippensburg, PA 17257 301 w Are you pen1e11e aurkeNi a Remove Listing Get Directions A Pittsburgh, PA -. - 301 walnut Dale Rd, Shippensburg' PA 17257 B Round-trip 1 Reverse ation from lntelius PRINTFInd more Inform kett Other Phone LookupFind Danielle More information for Danielle sur Email and Number. Phone Num Email Address & Infomber. nRun a d sorely by IntelllusBUrket:5 Em Background Burkett Get Detailed Danielle Bu ati Inlounellon Pr°'nde Check on D Danielle Burkett have .Background rdsDoes r Verify Public Reco any civil court records? ationwhat is this a \flew Property & Area Inform property Worthy Network ProfileFind Danielle Burkett a View Social Net+N Danielle •online personality ersonalit Address HiStOryFind Complete T, Get ComP Burkett address history ded bYlntelius Additional records provide 1eS52S Find Nearby BusiAttorneys Auto Dealers Beauty Salons ;Dentists ,Florists Hotels Insurance Mechanics Plumbers Restaurants Shopping Clear All Get Dlredlons iii One Place' gook .26i-- --- iize All Your Basins Contacts People Search Persona People information available on YP.com Is not provided by YP and is provided solely by an unaffiliated third party,Intelius, Inc_FULL DISCLAIMER BY NAME BY ADDRESS BY PHONE NUMBER Fawnell Burkett • i information provided by Intelfus.com. . Showing Page -1 of all listings for Fawnell Burkett In PA Fawnell V Burkett 301 Walnut Dale Rd, Shippensburg, PA 17257 717.3003211 Maps S Driving Directions fi Find it on i IPaki Avartistwi IFind it on -Y' City or ZIP Code Find more information from Intelius More Information for Fawnell V Burkett Email and Other Phone Lookup Get Detailed Background Information a Get Public Records View Property & Area Information Social Network Profile Get Address & Phone Number for Fawnell Burkett 1. Fawnell_ g�rltett Shippensburg, PA I PAM Adredming mybook = ZSrganlze AffYour'Husin�s onf'acf-S"Tn One Piace!- 2. Fawnell Burke r 3e i Groan Castle, PA Get Address & Phone Number for Fawnell Burkett Nacre Age Location Fawnell Burkett 34 Waynesboro, PA Fawner, 1 Burkett 34 Shippensburg, PA 3.Fevm0Burkett l Che, rberoburg, PA PA Page 1 3 Results Found Fawnefl Burkett 3 Results Found For Fawnell Burkett 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. Dated: ()tat ouis P. Vitti CERTIFICATE OF SERVICE I, Louis P. Vitti, Esq., hereby certify that on the /b5/4- day _ r of , 2014, a true and correct copy of the within Motion for Special Service was served upon the following by Regular U.S. Mail: Fawnell V. Burkett 301 Walnutdale Rd Shippensburg, PA 17257 Fawnell V. Burkett 4884 Stone Bridge Road Greencastle, PA 17225 Danielle E. Burkett 323 Iron Street Rock Hill Furnace, PA 17249 Danielle E. Burkett 4884 Stone Bridge Road Greencastle, PA 17225 I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Louis P. Vitti, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 6864-2007 Vs FAWNELL V. BURKETT and DANIELLE E. BURKETT. Defendants. ORDER OF COURT NOW, to -wit, this _232 day of 9(.47 , 2014, it is hereby ORDERED, ADJUDGED and DECREED Plaintiff shall direct a copy of this Order and the Notice of Sale upon Defendant FAWNELL V. BURKETT by regular mail addressed to 301 Walnut Dale Road, Shippensburg, PA 17257 and 4884 Stone Bridge Road, Greencastle, PA 17225and upon Defendant DANIELLE E. BURKETT by regular mail addressed to 323 Iron Street, Rockhill Furnace, PA 17249 and 4884 Stone Bridge Road, Greencastle, PA 17225 and by the sheriff's posting the mortgaged property. Sale need not be advertised again and the Sheriff may sell the within properly at the 0.4 c_ regularly scheduled sale or at any future sale date. �Z Co rn r-- Z >C) x+. C SP zQ � , J. P sons who are required to be notified: is P. Vitti, Esq., Attorney for Plaintiff ✓Fa nell V. Burkett, Defendant, pro se ielle E. Burkett, Defendant, pro se VV /«_ (=Cr) BY THE COURT: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson, Avo at'Cirifibto. Ka_ Shenff Pi-W HOND TAn'Y E,Oto Jody S Smith Chief Deputy PiRIUG28 PM 2: i2 Richard W Stewart Solicitor 0;4-icz oF'THE CUMBERLAND COLJI-aY PENNSYLVANIA ACCUBANK Mortgage Case Number vs. Fawnell V Burkett(et al.) 2007-6864 SHERIFF'S RETURN OF SERVICE 03/05/2014 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Danielle E. Burkett, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Huntington County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/28/2014 11:20 AM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 301 Walnut Dale ROad, Southampton -Township, Shippensburg, PA 17257, Cumberland County. 03/28/2014 11:20 AM-Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Fawnell V. Burkett, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found"at 301 Walnut Dale Road, Shippensburg, PA 17257, Address is Vacant. 04/24/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Huntingtron County, the within named Defendant Danielle E. Burkett, not found at 323 Iron Street, Rockhill Furnace, PA 17249, defendant moved and did not leave a forwarding address with the post office. So Answers: Daniel McCartney, Jr., Deputy, Sheriff. 05/12/2014 As directed by Lois M. Vitti, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 08/25/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,121.85 SO ANSWERS, August 26, 2014 RONRR ANDERSON, SHERIFF c . eo. ait 9*2?/9 oti 3 /6375- (c)CourityStfile Sheriff, On March 3, 2014 the Sheriff levied upon the ti = defendant's interest in the real property situated in Ci?�3 -7= Southampton Township, Cumberland County, PA, cp- " - Known and numbered as 301 Walnut Dale Road CT C.> Shippensburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: to Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2007-6864 Civil Term Walnut Dale Road, Shippensburg, PA 17257. ACCUBANK Mortgage PARCEL NO. 39-14-0165-012 85 39-14-0165-012A. vs. BEING the same premises which Fawnell V.Burkett, Kimberly J. Yonish wld Christopher Danielle E. Burkett D. Yonish, wife Jnd husband, by Atty.: Lois M.Vitti Deed dated J 0/31/2005 and re- ALL those two tracts of land corded J1102/2005 in the Recorder's situate in Southampton Township, Office of Cumberland County,Penn- Cumberland County,Commonwealth sylvania, Deed Book Volume 271, of Pennsylvania,bounded and limited Page 3767, granted and conveyed as follows, to wit: unto Fawnell V.Burkett and Danielle TRACT NO. 1: BEGINNING at a E. Burkett,his wife. point on the South side of a pub- lic road and thence by line in a Southeasterly direction along line of land formerly of Conrad Clever, a distance of 168 feet, more or less, to a stone marker; thence by line in a Northeasterly direction along line of land formerly of George Hines, a distance of 100 feet,more or less,to • a stone marker; thence by line in a Northwesterly direction along lands now or formerly of Gontz Estate, a distance of 130 feet to South side of public road; thence by line along South side of public road running in a southwesterly direction a distance of I 00 feet to a point, the place of beginning. This is being sold with the same right for the use of a well and water right on property now or formerly of the Charles Gontz Estate, as mentioned in former deeds. TRACT NO.2: BEGINNING at a point on the South side of the public road and tract number one; thence along said road a distance of 792 feet, more or less,to a point in lands now or formerly of Samuel Ott; thence by the same a distance of 330 feet, more or less,to a point in lands now or formerly of the Commonwealth of Pennsylvania;thence by the same a distance of 850 feet to a point in tract number one;thence by tract number one a distance of 168 feet, more or less,to the place of beginning. HAVING thereon erected a one- story frame dwelling known as 301 35 • • 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: April 18, April 25 and May 2, 2014 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. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 10 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.,CUMBERLAND CNTY My Commission Expires Apr 28,2018 The Patriot-News Co. • 720 Technology Pkwy btPatriotXews i Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 4n_41,a.cmc_nlarc onr4.,4+-. --ter of publication are true; and 2007-6864 Civil Term al knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on ACCUBANK Mortgage D. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the Vs actors of the said Company and subsequently duly recorded in the office for the Recording of Deeds Fawnell V Burkett - Dhin in Miscellaneous Book"M", Volume 14, Page 317. Danielle E Burkett Atty: Lois M.Vitt' This ad ran on the date(s) shown below: ALL those two tracts of land situate in Southampton Township, 04/13/14 Cumberland County,Commonwealth of Pennsylvania,bounded and limited 04/20/14 as follows,to wit: `/ 04/27/14 TRACT NO. 1: BEGINNING /� / at a point on the South side of a i A— p lic road and thence by line in a S theasterly direction along line of and formerly of Conrad Clever, a distance of 168 feet, more or less, Sw• • •.nd subscribed before pip 02 day of May, 2014 A.D. to a stone marker; thence by line in I a Northeasterly direction along line , / of land formerly of George Hines, a • JO •, distance of 100 feet,more or less,to ' a stone marker; thence by line in a •• ary Public Northwesterly direction along lands now or formerly of Gontz Estate, a distance of 130 feet to South side CCMMCNWEALTF!OF PENNSYLVANIA of public road; thence by line along South side of public road running in anal Seal LIIi rfcl,notary Public Dauphin County x rr s Dec.12,2016 MEMBER,PENNSYLVANIA A.0So(ATroN OF rerr In7Gc ted and conveyed unto Fawnell urkett and Danielle E. Burkett, ife. ' 1:14...ED-OFFICE THE PROTHONDIAR'l 2014 NOV 10 PH 2: 45 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCU.BANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Vida NATIONAL CITY BANK OF INDIANA, Plaintiff, vs. FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. CIVIL DIVISION 07-6864 PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Vitti & Vitti & Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above -captioned matter as follows: Amount Due Interest 08/27/08-03/04/15 situate in: $133,442.90 52,207.25 faa.50 PAA `L7.d0 Ce: ai. oo 3'1.97 „ Total $185,650.15 80.140 " I,a16.s3 a The real estate, which is the subject matter of the Praecipe for Writ of Execution is, > 12 `78.50 1.85,. io.co .. 1o•0 10.00" I4.00 ' . 5o' (},teel *.Q.1111:49.4c1 #a.as bitz Twp of Southampton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 301 Walnut Dale Road, Shippensburg, PA 17257. Parcel No. 39-14-0165-012 & 39-14-0165-012A. ouis P. Vitti, Esquire Attorney for Plaintiff C* 3 aa'F3 05f3 as (At IN THE COURT OF COMMON PLEAS OF CUMBERLAND cowry, PENNSYLVANIA actiOn: CeztAawe..- /1/act-lei/al k4al za7tz- CIVIL DIVISION PRAECIPE FOR WRIT OF EKECUTION aye : aize //A%&e VS. 0 THE PROTHONOTARY OF THE SAID COURT: ( ) ConfeSsed Judgment (....Ner Other File No. /1 Amount Due /33,Viaj,-910' Interest Attys C Costs, 50))c 207, dir The undersigned hereby certifies that the below doet not arise out of a retp41 nstaliment sale, contract, or account based on a confession of judgment, but if it does, ! t is based on the appropriate or7i:crinal proceeding filed pursuant -to Act 7 of 1966 as mended; and for e1 procerty pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of :ounty, for debt, interest and o^sts ucon the following described pro T-ry of the ieFendant(s) letidiviif ree,bt17p 7 friti./.& a-tee-44- FR2ECIRE FOR ATTAMMEN Issue writ of attachment to the Sheriff of County, for debt, nterest and costs, as above, directing attachment against the above7nared oarnishcc(s) for :he following property (if real estate, supply six copies of the description; supply- four ogles of lengthy personalty list) nd ell other property of the defendant) s) in the possession, custody or control of the aid crarnishee(s.). (Indicate) Index this writ against the garnishee :eal estate of the defendant(s) described in the attache )ATE: / Signatur :in Name: /_S V/ li-ALX /44, a lis pendens against Address: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE. E. BURKETT, Defendants. 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' Fawnell V. Burkett last known address is 301 Walnut Dale Road, Shippensburg, PA 17257. That the Defendants' Danielle E. Burkett last known address is 323 Iron Street, Rockhill Furnace, PA 17249. ouis P. Vitti, Esquire SWORN TO and subscribed .before me this 27th day of October, 2014. kC2AL I n OF eENIVyYLVAnia Notarial Seal Sherry L. House, Notary Public City of Pittsburgh, Allegheny County My Commission Expires__ i5 .4FM 15 7 . ED—OFF;C;.3•. JF T kiF r PIZOiHOHO �At s Zfi1 NOV 10 Pli 2: 45 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION COM SYRY�M ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Accubanc Mortgage, et al, 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 301 Walnut Dale Road, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Fawnell V. Burkett Danielle E. Burkett Fawnell V. Burkett Danielle E. Burkett Address (Please indicate if this cannot be reasonably ascertained) 301 Walnut Dale Road Shippensburg, PA 17257 323 Iron Street Rockhill Furnace, PA 17249 4884 Stone Bridge Road Greencastle, PA 17225 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 NONE Name None Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: Address (Please indicate if this cannot be reasonably ascertained) 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 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 Southampton Township 200 Airport Road j Shippensburg, PA 17257 I I Shippensburg Borough Water Authority 201 Dykeman Road Shippensburg, PA 17257 Commonwealth of PA -DPW P.O. Box 8016 i Harrisburg, PA 17105 I r 1 Clerk of Courts One Courthouse Square Criminal/Civil Division Carlisle, PA 17013 Tax Claim Bureau of Cumberland County One Courthouse Square Cumberland County Courthouse Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 PA Dept. of Sheriff Sales Dept. #281230 Bureau of Compliance Harrisburg, PA 17128-1230 ..r ILEO -OF iC , 1HEPROTHCiQIAR't 211111NOV 10 Pik 2: 45 CUMBERLAND D COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY • BANK f/k/a NATIONAL CITY BANK.OF INDIANA, Plaintiff, vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. : NO: 07-6864 AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of Accubanc Mortgage, et al, 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. SWORN to and subscribed before me this 27th day of October, 2014. otary ;1 Pu �1. �I L. +9a She nY House, Notary Public Clty of Pittsburgh, allegneny County My Commission Expires May 15 2015 StlY ,, ouis P. Vitti, Esquire Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Fawnell V. Burkett 301 Walnut Dale Road Shippensburg, PA 17257 AND: ALL LIEN HOLDERS r ILEO -U! l IOL QF TFIL PROTKONO A 211i NOV 10 PM 2: 145 CUMBERLAND COUNTY PENNSYLVANIA Danielle E. Burkett 323 Iron Street Rockhill Furnace, PA 17249 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 March 4, 2015 at 10:00 A.M.; the following described real estate, of which Fawnell V. Burkett and Danielle E. Burkett are owners or reputed owners: Twp of Southampton, Cty of Cumberland & Cmwlth of PA. HET.a dwg k/a 301 Walnut Dale Road, Shippensburg, PA 17257. Parcel No. 39-14-0165-012 & 39-14-0165-012A. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Accubanc Mortgage, et al vs. Fawnell V. Burkett, et al at 07-6864 in the amount of $133,442.90. 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 Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend' or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 215 Fourth Avenue Pittsburgh, PA 15222 (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 CONS [RUED TO BE AN AT 1'LMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. LEGAL DESCRIPTION : NO: 07-6864 ALL those two tracts of land situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: TRACT NO. 1: BEGINNING at a point on the South side of a public road and thence by line in a- Southeasterly direction along line of land formerly of Conrad Clever, a distance of 168 feet, more or less, to a stone marker; thence by line in a Northeasterly direction along line of land formerly of George Hines, a distance of 100 feet, more or less, to a stone marker; thence by line in a Northwesterly direction along lands now or formerly of Gontz Estate, a distance of 130 feet to South side of public road; thence by line along South side of public road running in a southwesterly direction a distance of 100 feet to a point, the place of beginning. This is being sold with the same right for the use of a well and water right on property now or formerly of the Charles Gontz Estate, as mentioned in former deeds. TRACT NO. 2: BEGINNING at a point on the South side of the public road and tract number one; thence along said road a distance of 792 feet, more or less, to a point in lands now or formerly of Samuel Ott; thence by the same a distance of 330 feet, more or less, to a point in lands now or formerly of the Commonwealth of Pennsylvania; thence by the same a distance of 850 feet to a point in tract number one; thence by tract number one a distance of 168 feet, more or less, to the place of beginning. HAVING thereon erected a one-story frame dwelling known as 301 Walnut Dale Road, Shippensburg, PA 17257. PARCEL NO. 39-14-0165-012 & 39-14-0165-012A. BEING the same premises which Kimberly I. Yonish and Christopher D. Yonish, wife and husband, by Deed dated 10/31/2005 and recorded 11/02/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 271, Page 3767, granted and conveyed unto Fawnell V. Burkett and Danielle E. Burkett, his wife. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK F/K/A NATIONAL CITY BANK OF INDIANA Vs. NO 07-6864 Civil Tenn CIVIL ACTION — LAW FAWNELL V. BURKETT AND DANIELLE E. BURKETT WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $133,442.90 Interest 8/27/08 - 03/04/15 - $52,207.25 Atty's Comm: Atty Paid: $2,766.49 Plaintiff Paid: Date: 11/10/14 L.L.: Due Frothy: $2.25 Other Costs: Davi . Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: VITTI & VITTI & ASSOC., P.C. 215 FOURTH AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION OF CIVIL DIVISION NATIONAL CITY BANK f/k/a. NATIONAL CITY BANK OF .INDIANA, No.07-6864 MOTION TO AMEND COMPLAINT Plaintiff, Filed on behalf of vs. Plaintiff Counsel of record for this FAWNELL V. BURKETT and DANIELLE E. party: BURKETT, Louis P. Vitti, Esquire PA ID #01072 Lois M. Vitti, Esquire Defendants. PA ID #209865 Rodney Permigiani, Esquire PA ID #33311 Vitti & Vitti & Associates, P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 Vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. MOTION TO AMEND COMPLAINT NOW comes the above -captioned Plaintiff by and through its counsel, Louis P. Vitti & Associates, P.C., and Louis P. Vitti, Esquire, and files this Motion, whereof the following is a statement: 1. On November 13, 2007, Plaintiff instituted the within action by its Complaint in Mortgage Foreclosure. A true and correct copy of the legal description that is incorporated into Paragraph 4 thereof is attached hereto, made a part hereof, and called Exhibit "A." 2. The mortgaged property located at 301 Walnutdale Road, Shippensburg, PA 17257, is the subject of this action (hereinafter "Property"). 3. On August 28, 2008, default judgment was entered. 4. On November 10, 2014, a writ of execution reissued. 5. Subsequently, Plaintiff's counsel became aware that the legal description of the Property set forth in the complaint is incomplete to the extent that additional language that is contained in the subject mortgage that excepts two previous outsales was inadvertently excluded from the complaint. A true and correct copy of the legal description that is incorporated into the mortgage is attached hereto, made a part hereof, and called Exhibit "B." 6. The requested relief is authorized by Pennsylvania Rule of Civil Procedure No. 1033. 7. There is no opposing counsel of record and hence the concurrence requirement of C.C.R.P. No. 208.2(d) does not apply. 8. The Honorable Kevin A. Hess has previously ruled upon Plaintiff's Motion for Special Service in this matter. No judge has previously ruled upon any issue in a related matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order amending the Complaint in Mortgage Foreclosure to correct the legal description. BY: Respectfully submitted, VITTI & VITTI & ASSOCIATES, P.C. Louis P. Vitti, Esquire Attorney for Plaintiff Policy Number: MM 6064653 ALL those two tract of land situate in. Southampton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and Iimited as follows, to wit: TRACT NO. 1: BEGINNING at a point on the South side of a publicroad and thence by line in a Southeasterly direction along line of land formerly of Conrad Clever, a distance. of 168 feet, more or less, to a stone marker, then ce-by-bine-in-a-Northeasterly-dit,ection-along-line of -land• formerly 'Of-GGeorge-- I rt;s; ditote of TOD-feet; ". more or less, to a stone marker; thence by line in a Northwesterly direction along lands now or formerly of Gontz Estate a distance of 130 feet to South side of public road; thence by line along South side of public road 'running in a Southwesterly direction a distance of 100 feet to a point, the place of BEGINNING. This is being sold with the same right for the use of a well and water right on property now or formerly of the Charles Gontz Estate, as mentioned informer deeds. TRACT NO. 2: BEGINNING at a point on the South side of the public road and tract number one; thence along said road a distance of 792 feet, more or less, to a point in lands now or formerly of Samuel Ott; thence by the same a distance of 330 feet, more or less, to a point in lands now or formerly of the Commonwealth of Pennsylvania; thence by the same a distance of 850 feet to a point in tract number one; thence by tract number one a distance of 168 feet, more or less, to the place of BEGINNING. HAVING thereon erected a one-story frame dwelling house. EA/1 hi `V)1( LEGAL DESCRIPTION ALL those two tracts of land situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: TRACT NO. 1: BEGINNING at a point on the South side of a public road and thence by line in a Southeasterly direction along line of land formerly of Conrad Clever, a distance of 168 feet, more or less, to a stone marker; thence by line in a Northeasterly direction along line of land formerly of George Hines, a distance of 100 feet, more or less, to a stone marker; thence by line in a Northwesterly direction along lands now or formerly of Gontz Estate, a distance of 130 feet to South side of public road; thence by line along South side of public road running in a southwesterly direction a distance of 100 feet to a point, the place of beginning. This is being sold with the same right for the use of a well and water right on property now or formerly of the Charles Gontz Estate, as mentioned in former deeds. TRACT NO. 2: BEGINNING at a point on the South side of the public road and tract number one; thence along said road a distance of 792 feet, more or less, to a point in lands now or formerly of Samuel Ott; thence by the same a distance of 330 feet, more or less, to a point in lands now or formerly of the Commonwealth of Pennsylvania; thence by the same a distance of 850 feet to a point in tract number one; thence by tract number one a distance of 168 feet, more or less, to the place of beginning. HAVING thereon erected a one-story frame dwelling known as 301 Walnut Dale Road, Shippensburg, PA 17257. PARCEL NO. 39-14-0165-012 & 39-14-0165-012A. EXCEPTING, HOWEVER, the following two tracts of land: 1. Deed conveyed to Daniel C. Mixell and Rose M. Mixell, husband and wife, dated November 29, 1977 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "0", Volume 27 at Page 186, containing 1.904 acres. 2. Deed conveyed to Donald Bauserman and Diane Bauserman, husband and wife, dated June 25, 1980 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "Z". Volume 28 at Page 937, containing 1.904 acres, BEING the same premises which Kimberly J. Yonish and Christopher D. Yonish, wife and husband, by Deed dated 10/31/2005 and recorded 11/02/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 271, Page 3767, granted and conveyed unto Fawnell V. Burkett and Danielle E. Burkett, his wife. CERTIFICATE OF SERVICE I, Louis P. Vitti, Esq., hereby certify that on the (:5th day of December, 2014, a true and correct copy of the within Motion for Special Service was served upon the following by Regular U.S. Mail: Fawnell V. Burkett Danielle E. Burkett 301 Walnut Dale Road Shippensburg, PA 17257 Fawnell V. Brukett Danielle E. Burkett 4884 Stone Bridge Road Greencastle, PA 17225 Danielle E. Burkett 323 lion Street Rockhill Furnace, PA 17249 I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Louis P. Vitti, Esquire 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. Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK f/k/a NATIONAL CITY BANK OF INDIANA, Plaintiff, : NO: 07-6864 Vs FAWNELL V. BURKETT and DANIELLE E. BURKETT, Defendants. ORDER OF COURT NOW, to -wit, this S day of 9 Al , 201#, upon consideration of the within motion, it is hereby ORDERED, ADJUDGED and DECREED that the Complaint in Mortgage Foreclosure is hereby amended by substituting the legal description that is attached as Exhibit "B" to the within motion for that attached as Exhibit "A" to the complaint. It is further ordered that the reference to said exhibit contained in Paragraph 4 of the complaint is likewise amended from "A" to "B." P ons who are required to be notified: Louis P. Vitti, Esq., Attorney for Plaintiff -iawnell V, Burkett, pro se ,./15anielle E. Burkett, pro se ES i%s1is BY THE COURT: , J.