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HomeMy WebLinkAbout03-5657IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., VS. RICHARD L. RHOADS, Plaintiff, CIVIL DIVISION COMPLAINT IN MORTGAGE FORECLOSURE Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff, ) RICHARD L. RHOADS, ) Defendant. ) NO: COMPLAINT IN MORTGAGE FORECI~OSURE 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 COMPI~AINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 117 North Middlesex Road, Carlisle, PA 17013. The property address is 15 Fairfield Street, Newville, PA 17241 and is the subject of this action. 3. On the 27th day of December, 1999, in consideration ora loan of Sixty-One Thousand, Nine Hundred Sixty-Eight and No/100 ($61,968.00) Dollars made by National City Mortgage Co., an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Co., as mortgagee, which mortgage was recorded on the 28th day of December, 1999, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1589, page 571. 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, 2003, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Sixty-Nine Thousand, Two Hundred Sixty-One and 98/100 Dollars ($69,261.98) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. Louis P Vitti, Esquire Attorney for Plaintiff .Rhoads, Richard L. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 8.2500% from (Plus $13.5540 per day after Late charges through 10/23/2003 0 months ~ 23.45 Accumulated beforehand (Plus $23.45 on the 17th day of each month after Attorney's fee Escrow deficit 05/01/03 through 10/31/2003 10/31/2003 ) 10/23/2003 ) (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 59,966.28 2,480.39 117.25 2,998.31 3,699.75 69~261.98 VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: October 23, 2003 SHERIFF'S RETURN - CASE NO: 2003-05657 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS RHOADS RICHARD L REGULAR CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon RHOADS RICHARD L the DEFENDANT , at 1431:00 HOURS, on the 20th day of November , Sheriff or Deputy Sheriff of who being duly sworn according to law, by handing to MORT FORE together with at 117 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 APRIL RHOADS, WIFE a true and attested copy of COMPLAINT - 2003 and at the same time directing Her attention to the contents Additional Comments 15 FAIRFIELD STREET NEWVILLE IS VACANT. thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /~ ~ day of -- /Prothonotary So Answers: R. Thomas Kline 11/21/2003 LOUi NATIONAL CITY MORTGAGE CO., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 03-5657 CIVIL TERM Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. RICHARD L. RHOADS, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412)281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., VS. RICHARD L. RHOADS, Plaintiff. Defendant. no. 03-5657 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $69,980.34, in favor of the National City Mortgage Co., Plaintiff in the above-captioned action, against the Defendants, Richard L. Rhoads and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 05/01/03-12/23/03 (Plus $13.5540 per day after 12/23/03) $59,966.28 3,198.75 Late charges (Plus $23.45 per month from 10/23/03-06/09/04 $164.15) 117.25 Attorney's fee 2,998.31 Escrow Deficit (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriffas charges on the writ prior to the date of the sheriffs sale) 3.699.75 Total Amount Due $69.980.34 The real estate, which is the subject matter of the Complaint, is situate in Boro of Newville, Cty of Cumberland, Cmwlth of PA. HET a dwg kJa 15 Fairfield Street, Newville, PA 17241 Parcel No. 28-20-1754-070.'-~-~ ;~'~O.~ ~''~'' ~ ~.~,~/~, Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., VS. RICHARD L. RHOADS, Plaintiff. Defendant. no. 03-5657 CIVIL TERM CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on December 11, 2003, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: Attorney for Plaintiff SWORN to and subscribed before me this 23rd day of December, 2003. Notary Public Lz,; ,? .,,, ~ ~4ANGELI$TA, NOTARY PUBLIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, VS. RICHARD L. RHOADS, Defendant. NO. 03-5657 CIVIL TERM IMPORTANT NOTICE TO: Richard L. Rhoads l 17 North Middlesex Road Carlisle, PA 17013 Date of Notice: December 11, 2003 YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TH1S NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH iNFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY: LOUI~TTI &.~.g'S~A]~ESo P.C. Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** 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 tree and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. SWORN to and subscribed before me this 23rd day of December, 2003. Notary Public ~ Louis P. Vitti, Esquire NOTARIAL SEAL ~ & EVAN(tEHS"rA. NOTN:IY PUBLIC CITY OF I~'TSBUIt~H, N..LEGHENY COUNTY ti~[~MM~SlON EX,RES OCTOBER 17, 2005 CD NATIONAL CITY MORTGAGE CO., Plaintiff, VS. RICHARD L. RHOADS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 03-5657 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., VS. RICHARD L. RHOADS, Plaintiff. no. 03-5657 CIVIL TERM Defendant. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due Interest 12/24/03-06/09/04 Total $69,980.34 2.290.62 $72.270.96 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate Boro ofNewville, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 15 Fairfield Street, Newville, PA 17241 Parcel No. 28-20-1754-070. Louis P. Vitti, Esquire Attorney for Plaintiff IN TH]E cOURT OF COM2~DN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF ~ION Capt ion: NATIONAL CITY MORTGAGE CD. vs. RICHARD L. RHOADS ( ) Confessed Judgr~nt ( ) Other File No. Amount Due Interest 12/24/03-6/9/04 Atty's Con~n Costs 03-5657 CIVIL TERM 69,980.34 2,290,62 TO THE PRO%~ONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a reta~ l inst~] ]~nt sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended: and for r,al 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) RICHARD L. RHOADS (DEFENDS) PLEASE SEE ATTAcHED LEGAL DESCRIPTION PRAECIPE FOR ATTAC~Mf~T EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachmant against the above-nan~d garnishee(s) for the following properly (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or Control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a Lis pendens against real estate of the defendant(s) described in the attached exhibit. 12/23/03 Signature: ~ Print N~nme: LOUIS P. VITTI, ESQUIRE 916 FIFTH AVENUE PITTSBURGH, PA 15219 PIAINTIFF 412-281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., VS. RICHARD L. RHOADS, Plaintiff. Defendant. no. 03-5657 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silas Mentzer; on the South by and alley; and on the East by property now or formerly ofE. G. Ott, having the frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silas Mentzer of 129 feet, a width on the alley of 28 feet and along the property ofE. G. Ott, 135 feet 10 inches. HAVING erected thereon a dwelling house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvania. PARCEL NO. 28-20-1754-070 BEING the same premises which Kent E/Lehman, a single person, by his Deed dated 12/23/1999 and recorded on 12/28/1999 in Cumberland County, Pennsylvania, in the office of the Recorder of Deeds in Deed Book Volume 213, page 1057, granted and conveyed unto Richard L. Rhoads. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff. no. 03-5657 CIVIL TERM VS. RICHARD L. RHOADS, Defendant. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 117 North Middlesex Road, Carlisle PA 17013. SWORN TO and subscribed before me this 23rd day of December, 2003. Louis P. Vitti, Esquire NOTARIAL 8F./I~ LOI~ A. EVANGEUSTA, NOT~f PUBM~ C~Y OF pITTSBURGH, ALLEGHE~,IIt' CO~JNTY MYCOMM[$SIO~ F '~PIRES 0 u i I~l~l~ 17, ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5657 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From RICHARD L. RHOADS (1) You are cF~rected 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 $69,980.34 L.L. $.50 Interest FROM 12/24/03- 6/9/04 - $2,290.62 Atty's Comm % Due Pro&y $1.00 AttyPaid $121.73 Other Costs Plaintiff Paid Date: DECEMBER 26, 2003 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Ad&ess: 916 FIFTH AVENUE PITTSBURGH, ]PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 3810 CURTIS R. LONG Prothonot~ Deputy 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff. no. 03-5657 CIVIL TERM VS. RICHARD L. RHOADS, Defendant. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co., am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. Attorney for Plaintiff SWORN to and subscribed before me this 23rd day of December, 2003. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., VS. RICHARD L. RHOADS, Plaintiff. Defendant. no. 03-5657 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 15 Fairfield Street, Newville, PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Richard L. Rhoads 117 North Middlesex Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: SaiTle: 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: none Address (Please indicate if this cannot be reasonably ascertained) Name none 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: 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: manle Address (Please indicate if this cannot be reasonably ascertained) April Rhoads 117 North Middlesex Road Carlisle, PA 17013 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Newville Township 108 West Street Newville, PA 17241 Newville Water & Sewage Authority 4 West Street Newville, PA 17241 CommonwealthofPA-DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough Tenant/Occupant 15 Fairfield Street Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December 23.2003 Date Lo~is P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 23rd day of December, 2003. Notary Public ~ ~' NOTARIAL SEA~ ~ A. EVANGELIST& NOTA.I~ ~ Cfl'Y OF piTTSBURGH, ALLEGHE#~COUNTY MY COMMiSSION EXPIRES OC'[O~ER'IT, 2~05 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Richard L. Rhoads 117 North Middlex Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 9, 2004 at 10:00 A.M., the following described real estate, of which Richard L. Rhoads ia owner or reputed owner: Boro ofNewville, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 15 Fairfield Street, Newville, PA 17241 Parcel No. 28-20-1754-070. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Richard L. Rhoads at No. 03-5657 CIVIL DIVISION in the amount of $69,980.34. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore the sale date. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgrnent 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 fight. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriffwill deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 03-5657 CIVIL TERM AFFIDAVIT OF SERVICE Plaintiff, VS. RICHARD L. RHOADS, Defendant. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281..1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., 03-5657 CIVIL TERM Plaintiff VS. RICHARD L. RHOADS, Defendant. AFFIDAVIT OF SERVICE I, Lois Evangelista, do hereby certify that a Notice of Sale was served upon Defendant by certified mail on 01/3/04 and all lien holders by Certificate of Mailing for service in the above- captioned case on 12/30/03, advising them of the Sheriffs sale of the property at 15 Fairview Drive, Newville, PA 17241, on dune 9, 2004. LOUIS P. VITTI & ASSOCIATES, P.C. SWORN to and subscribed before me this 4th day of May, 2004. Shem/L. House, Nolaq/Public PI¢,asant I tills Bore, Allegheny County U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR IN SUP. ANCE-POSTMASTER ReCeived From: P.C. 916 Fifth Avenue. Pittsburoh. PA 15219 TAX CLAIM BUREAU OF CUMBERLAND COUf~ CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 PS Form 3817. January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vltfi & Associaf~s$, P.C. 916 Fifth Avenue. Pittsburoh. PA 15219//~, COURT OF COMMON PLEAS OF CUMBI~F~ Eo$: L"ELAT'ONS O'V'S'O" CARLISLE, PA 17013 PS Form 3817. January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vitti & Assoclate~, p.(~. 916 Fifth Avenue. Pittsburah. PA 15219 BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION DEPT 281230 HARRISBURG, PA 17128-1230 ATTN: SUSAN BLOUGH PS Form 3817, January2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR ~;~MESTIC AND INTERNATIONAL MAIL, DOES NOT Louis P. Vltti & Associates, p.(~. 916 Fifth Avenue. Pittsburoh. PA 1~5219 TENANT/OCCUPANT 15 FAIRVIEW STREET NEWVILLE, PA 17241 PS Form 3817, January 2001 LAE/RHOADS/6.9.04 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INT~ RNATIONAI. MAIL, DOES NOT PROVIDE FOR INSURANCE~OOSTMASTER Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburoh. PA 15219 TAX COLLECTOR OF NEWVILLE TOWNSHIP 108 WEST STREET NEWVILLE, PA 17241 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Louis P. Vitfl & Associates. P.C. 916 Fifth Avenue. Pittsburoh. PA 15219 NEWVILLE WATER ~ 4 WEST STREET NEWVILLE, PA 17241 PS Form 3817, January 2001 US POSTAL SERVICE MAy BE USED FOR DOMESTIC AND ~NTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE.POSTMASTER Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Plttsburoh. PA 152tq COMMONWEALTH OF PA - DPW PO BOX 8016 HARRISBURG, PA 17105 PS Form 3817. January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING CERTIFICATE OF MAILING V;': ~: -~,~j Louis P, Vltti & Associates. P.C. 916 Fifth Avenue. Plttsburuh. PA 15219 CLERK OF COURTS CRIMINAL/CIVIL DIVISION ONE COURTHOUSE SQUARE CARLISLE, PA 17013 PS Form 3817, January 2001 LAE/RHOADS/6.9.04 U.S. POSTAL SERVICE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSUP. ANCE POSTMASTER RoJ. Dl,~l~ R Vl~l~ & ASSOCIAII:$, 916 FIFTH AVENUE P'II i~BURGH, PA 15219 One piece of ordinary mail addressed to: APRIL RHOADS 117 NORTH MIDDLESEX ROAD (ZA!{LIbL~Z, FA 170i~ PS Form 3817, January 2001 LAE/RHOADS/6 · 9.04 COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which National City Mtg Co is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 26th day of December, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5657, at the suit of National City Mtg Co against Richard L Rhoads is duly recorded in Sheriff's Deed Book No. 263, Page 3702 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office thiso~'~day of~d~_, A.D. 200_~. i~ ~'°J ~/~~ Recorder of Deeds National City Mortgage Co. VS Richard L. Rhoads In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5657 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 03, 2004 at 10:20 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Richard L. Rhoads, by making known unto April Rhoads, wife of Richard L. Rhoads, at 117 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 10:47 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard L. Rhoads located at 15 Fairfield Street, Newville, 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: Richard L. Rhoads, by regular mail to his last known address of 117 North Middlesex Road, Carlisle, PA 17013 This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due mad legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti for National City Mortgage Co. It being the highest bid and best price received for the same, National City Mortgage Co. of 3232 Newmark Drive, Miamisburg, Ohio 45342, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $693.04. Sheriffs Costs: Docketing $30.00 Poundage 13.59 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.73 Levy 15.00 Surcharge 20.00 Law Journal 204.95 Patriot News 232.51 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 693.04 Sworn and subscribed to before me So Answers: This 30 ~ day of ~ ~~ J~'4~ 2004, A.D. Q.~' ~Q ' ._._~R. Thomas Kline, sheriff efotfionotary :~]4.dg.~, ~ BY~je ov, L [q Real Estate~eputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION NATIONAL CITY MORTGAGE CO., Plaintiff. VS. RICHARD L. RHOADS, Defendant. no. 03-5657 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 15 Fairfield Street, Newville, PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Richard L. Rhoads 117 North Middlesex Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: none Address (Please indicate if this cannot be reasonably ascertained) Name none 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: 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) April Rhoads 117 North Middlesex Road Carlisle, PA 17013 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nanle Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Newville Township 108 West Street Newville, PA 17241 Newville Water & Sewage Authority 4 West Street Newville, PA 17241 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Court of Comanon Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Dept. #28123O Harrisburg, PA 17128~1230 Attn: Susan Blough Tenant/Occupant 15 Fairfield Street Newville, PA 17241 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. December 23, 2003 Date Lo~is P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 23rd day of December, 2003. Notary Public ~-' ~' NOTARIAL SEAL LOIS A. EVANGELIST& NOTARY pUBIJC CITY OF PITTSBURGH, ALL~=GHENYIJOUNI'Y MY COMMISSION EXPIRES 0CTOBE~ I?, 2005 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Richard L. Rhoads 117 North Middlex Road Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 9, 2004 at 10:00 A.M., the following described real estate, of which Richard L. Rhoads ia owner or reputed owner: Boro ofNewville, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 15 Fairfield Street, Newville, PA 17241 Parcel No. 28-20-1754-070. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Richard L. Rhoads at No. 03-5657 CIVIL DIVISION in the amount of $69,980.34. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal fights to prevent your property from being taken. A lawyer can advise you more specifically &these fights. 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 exemise 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 remm 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 them are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriffhas 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. Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff. VS. RICHARD L. RHOADS, Defendant. no. 03-5657 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Newville, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silas Mentzer; on the South by and alley; and on the East by property now or formerly orE. G. Ott, having the frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silas Mentzer of 129 feet, a width on the alley of 28 feet and along the properly ofE. G. Ott, 135 feet 10 inches. HAVING erected thereon a dwelling house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvania. PARCEL NO. 28-20-1754-070 BEING the same premises which Kent E/Lehman, a single person, by his Deed dated 12/23/1999 and recorded on 12/28/1999 in Cumberland County, Pennsylvania, in the office of the Recorder of Deeds in Deed Book Volume 213, page 1057, granted and conveyed unto Richard L. Rhoads. WRIT OF EXEC. UTIO~ and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5657 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From RICHARD L. RHOADS (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 aaachment 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 garmshee and is enjoined as above stated. AmotmtDue $69,980.34 L.L. $.50 Interest FROM 12/24/03 - 6/9/04 - $2,290.62 Atty's Corem % Due Prothy $l.00 Atty Paid $121.73 Other Costs Plaintiff Paid Date: DECEMBER 26, 2003 (Seal) REQUESTING PARTY: Name LOUIS P. ¥ITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 3810 CURTIS R. LONG Deputy Real Estate Sale #29 On March 01, 2004 the sherifflevied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 15 Fairfield Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2004 Real EstatddDeputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Ac~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Tho Sunday Patriot-News newspapers of genera~ 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 Mamh 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Coun~ Book "M", Volume 14, Page 317· PUBLICATION COPY Sworn to an~' ~efd ore~s 2~,8th. da~04 A.D. S A L E #29 ~ NO~N~t,N-5rr. At, /n · ? ~ · , ommlSSion Expires ~"' 6° ~ I- NO~'A~"~ PUBLIC ~all~ ~ I['~ 'Member,Penn'¥1vanla'~'°'i'ti°nolNota[l' My c°mrnissi°n expires June 6' 2006 CUMBERLAND COUN'P~ COUR'rHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 232.51 Publisher's Receipt for Advertising Cost ~ Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general ledge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swam, according to law, deposes and says that the Cumberland Law Joumai, 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 Joumai on the following dates, viz.' APRIL 16, 23, 30, 2004 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 tree. REAL ESTATE SALE NO, 29 Wr/t No. 2003-5657 Civil National City Mortgage Co. VS. Pdchard L. Rhoads Atty.: Louis P. Vlttl LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate tn flue Borough of Newvllle, County of Cumberland. and Com- rnonwealth of Pennsylvania, bound- ed and described as follows: ON flue North by Fairfield Street; on flue West by lot of ground nowor formerly of Sllas Mentzer; on flue South by and alley; and an flue East by property now or formerly of E, G. att, having the frontage on said Fairfield Street of 38 feet and I0 inches, along the property now or formerly ofSllas Mentzer of 129 feet, a width on the alley of 28 feet and along flue property ofE. G. att, 135 feet 10 inches. /Lisa Marie Coy}/e, Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 N~ SEAL ~ LOIS E. SNYDER, Notary Public Carlisle Boro, CumbeHand County My Commission Expires March 5, 2005 Richard L, Rhoads Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Newvflle, County of Cumberland, and Com- monwealth of Pennsylvania, bound- ed and described as follows: ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silos Mentzer; on the South by and alley; and on the East by property- now or fomerly of Ii;. G. Ott, having the frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silos Mentzer of 129 feet, a width on the alley of 28 feet and along the property ofE. G. Ott. 135 feet 10 inches. HAVING erected thereon a dwell- ing house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvama. PARCEL NO. 28-20-1754-070. BEING the same premises which Kent Ii;/ Lehman, a single person, by his Deed dated 12/23/1999 and recorded on 12/28/1999 in Cum- berland County, Pennsylvania, in the office of the Recorder of Deeds in Deed Book Volume 213, page 1057, granted and conveyed unto Richard L. Rhoads, SWORN TO AB 30 .day N LOIS E, i Carlisle B My Cornmi~