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HomeMy WebLinkAbout08-4693IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, CIVIL DIVISION NO. G8 - q(og3 ?iv? l lerrk vs. COMPLAINT IN MORTGAGE FORECLOSURE MICHAEL L. MAHAR and KATHLEEN MAHAR, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff, NO: vs. ) MICHAEL L. MAHAR and KATHLEEN MAHAR, ) Defendants. 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 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. 2. The Defendants are individuals with a last known mailing address of 822 Anthony Drive, Mechanicburg, PA 17050. The property address is 822 Anthony Drive, Mechanicburg, PA 17050 and is the subject of this action. 3. On the 12th day of November, 2004, in consideration of a loan of Two Hundred Six Thousand One Hundred and 00/100 ($206,100.00) Dollars made by Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Mortgage Investors Corporation, a MI corporation, to Defendants, the said Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Mortgage Investors Corporation, a "Note" secured by a Mortgage with the Defendants as mortgagors and Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Mortgage Investors Corporation, as mortgagee, which mortgage was recorded on the 19th day of November, 2004, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1888, page 2721. 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. Subsequently, Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Mortgage Investors Corporation, assigned to the Plaintiff, National City Mortgage Co., the said mortgage, that assignment to be recorded in the Office of the Recorder of Deeds of Cumberland County. The said assignment is incorporated herein by reference. 6. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 7. Since April 1, 2008, the mortgage has been in default by reason, inter alia, of the failure of the mortgagors to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 8. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the 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. 9. The amount due on said mortgage is itemized on the attached schedule. 10. Pursuant to Pennsylvania Rules of Civil Procedure 1144 the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the time of filing this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Two Hundred Fourteen Thousand Eight Hundred Forty Four and 81A00 Dollars ($214,844.81) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY dis P. Vitti, Esquire ttorney for Plaintiff Mahar SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 194,773.00 Interest @ 5.2500% from 03/01/08 through 7/31/2008 4 258 32 (Plus $28.0153 per day after 7/31/2008 ) , . Late charges through 7/31/2008 0 months @ 57.19 Accumulated beforehand (Plus $57.19 on the 17th day of each month after 7/31/2008 ) 114.38 Attorney's fee 9,738.65 Escrow deficit (This figure includes projected additional charges that may be incurred by the Plaintiff 5.960.46 and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE 214,844.81 Exhibit"A" Legal Description All, that certain parcel of land situate in the Township of Hampden, County of C umbe state of Pennsylvania, being known and designated as Lot No. 28 on Fi al Plan No. rland, Section If, Delmler Manor, recorded at Plan Book 33, Page 10, Cumberland County 2, Records. Tax ID: 10-17-1037-028 976263-1 BK t 888PG2738 YF ATI 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: 7/31/2008 t ) 00 T 00 „-S Su- V ?r,e, .. jR a ? f. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04693 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAHAR MICHAEL L 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 MAHAR MICHAEL L but was unable to locate Him in his bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT , MAHAR MICHAEL L 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: So an rs: Docketing 18.00 Service 10.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 .ff of Cumberland County P j .00 7-43.00 VITTI OUIS 09/05/2008 Sworn and Subscribed to befo re me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04693 P COMMONTWEALTH OF PENNSYLVANIA -" COUNTY OF CUMBERLAND •. NATIONAL CITY MORTGAGE CO VS MAHAR MICHAEL L 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 MAHAR KATHLEEN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT 822 ANTHONY DRIVE , MAHAR KATHLEEN MECHANICSBURG, PA 17050 UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 00 g1/t?dY 2 So answers: 7f R. Thomas Kline f of Cumberland County LOUIS VITTI 09/05/2008 Sworn and Subscribed to before me this day of .Wr? A. D. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, CIVIL DIVISION NO. 2008-04693 P MOTION FOR SPECIAL SERVICE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., } Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) Defendants. ) NOTICE OF PRESENTATION TO: Michael L. Mahar Kathleen Mahar 822 Anthony Drive Mechanicsburg, PA 17050 Take notice that the within Motion for Special Service pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure will be presented before the Motions Judge, Cumberland County, Carlisle, Pennsylvania, as unopposed unless a responsive pleading is filed. LOUIS P. VITTI & ASSOC., P.C. BY: Lo is P. itti, Esquire ttorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) Defendants. ) CERTIFICATE OF SERVICE I, Louis P. Vitti, hereby certify that on the 29th day of September, 2008, a true and correct copy of the within Motion for Special Service was served upon the following by Regular U.S. Mail: Michael L. Mahar Kathleen Mahar 822 Anthony Drive Mechanicsburg, PA 17050 Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. BY: uis P. itti, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and } KATHLEEN? MAHAR, ) Defendants. ) MOTION FOR SPECIAL SERVICE PURSUANT TO RULE 430 AND THE PENNSYLVANIA RULES OF CIVIL PROCEDURE 400, ET SEQ NOW comes the Plaintiff by and through their attorneys, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, and files this motion requesting this Honorable Court permit service pursuant to Pennsylvania Rules of Civil Procedure 400, et seq., and particularly Rule 430 whereof the following is a statement: 1. Plaintiff did file a Complaint at the above-captioned number in mortgage foreclosure. 2. The property address is 822 ANTHONYDRIVE, MECHANICSBURGPA 17050, and is the subject of this action. 3. The Sheriff did attempt to make service but has been unable to serve the Defendants, Michael L. Mahar and Kathleen Mahar at 822 Anthony Drive, Mechanicsburg, PA 17050 because defendants were not found. See Exhibit "A". 4. The Postmaster of Mechanicsburg, PA 17050, stated Defendant receives mail at 822 Anthony Drive, Mechanicsburg, PA 17050. See Exhibit "B". An investigation report shows Defendants last known address as 822 Anthony Drive, Mechanicsburg, PA 17050. See Exhibit "C". 6. Efforts to effectuate service have met without success and service has been frustrated requiring presentation of this Motion. WHEREFORE, Plaintiff prays this Honorable Court enter an Order permitting service by ordinary mail to Defendants last known mailing address and also by posting the property. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY: L Lis P. tti, Esquire 'Attorney for Plaintiff PA ID 01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 F77 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04693 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAHAR MICHAEL L 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 MAHAR MICHAEL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , *Now ...1 NOT FOUND as to the within named DEFENDANT MAHAR MICHAEL L 822 ANTHONY DRIVE -- MECHANICSBURG, PA 17050 UNABLE TO SERVE PRIOR TO EXPIRATION. w ." Sheriff's Costs: So an rs: Docketing 18.00 Service 10.00 i Not Found 5.00 R. Thomas Kline Surcharge 10.00 She iff of Cumberland County .00 43.00 OUIS VITTI 09/05/2008 Sworn and Subscribed to before me this day of , A.D. IWO" !1R/I?fT N ?7IDf ? I -. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04693 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAHAR MICHAEL L 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 MAHAR KATHLEEN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT MAHAR KATHLEEN 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Not Found Surcharge So an wers• 6.00 .00 5.00 R. Thomas Kline 10.00 he ff of Cumberland County .00 21.00 LOUIS VITTI 09/05/2008 Sworn and Subscribed to before me this day of dr4: A. D. LOUIS P. VITTI & ASSOCIATES, P.C. 916 Fifth Avenue Pittsburgh, PA 15219 63 PHONE: (412) 281-1725 /FAX: (412) 281-3810 DATE: September 12, 2008 POSTMASTER Mechanicsburg, PA 17050 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: Michael L. Mahar Address: 822 Anthony Drive, Mechanicsburg, PA 17050 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)(6xii). 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: National City Mortgage Co. vs. Michael L. Mahar and Kathleen Mahar 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County. Pa 5. The docket or other identifying number if one has been issued: 2008-04693 P 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 that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. 0aiftsburgh, itti, s ire ven PA 15219 FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME AND STREET ADDRESS I Name: POSTMARK Address: I City, State, ZIP: ? No change of address order on file ? Not known at address given ? Moved, left no forwarding address ? No such address Good as addressed - still receives mail at this address E) mrr !_,9) e S?\ LOUIS P. VITTI & ASSOCIATES, P.C. 916 Fifth Avenue Pittsburgh, PA 15219 PHONE: (412) 281-1725 /FAX: (412) 281-3810 DATE: September 12, 2008 POSTMASTER Mechanicsburg, PA 17050 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: Kathleen Mahar Address: 822 Anthony Drive. Mechanicsburg, PA 17050 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.§(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): NIA 3. The names of all known parties to the litigation: National City Mortgage Co. vs. Michael L. Mahar and Kathleen Mahar 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, Pa 5. The docket or other identifying number if one has been issued: 2008-04693 P 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 that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. re 4ifthV4Ave'6ue Pittsburgh, P A 15219 FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME AND STREET ADDRESS I POSTMARK Address: City, State, ZIP: C1701 No cha nge of address order on file Not known at address given ? Moved, left no forwarding address No such address Good as addressed -still receives mail at this address r •r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. ) Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) 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 Defendants, Michael L. Mahar and Kathleen Mahar, by making inquiries of or examining the following: a. Local telephone directory assistance has the following information: b K313 1 r) Ott 1%^ A -r-3 oJQ /WA a LA Q &F C. Department of Transportation - shows that the last known address for the Defendant(s) is/are: d oaaerr •..?• Local voter registration office shows the property address is: Other (please explain): I 2. Notwithstanding the investigation as set forth in this Affidavit, Affiant and/or its agents have not been able to locate the whereabouts of said Defendants as shown above and by the attached exhibits. We verify that the statements made in this Affidavit are true and correct to the best of our knowledge, information and belief. We understand that false statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. FOUR STAR INVESTIGATION i BY: Inve iga Commonwealth of Pennsylvania : County of Allegheny SS. On this the day of, 2008, before me the undersigned officer, personally appeare t e ffiant, 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. N RY PUBLI COMMONWEALTH OF PENNSYLVANIA Notarial seal Jennifer L Burke, Notary Public City Of PiCsbuo, My Commission Bores Apr. 22010 Member, Pennsylvania Association of Notaries VERIFICATION NOW Louis P. Vitti verifies that the statements made in this Motion are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. BY: L is P. VV' Dated: 9/30,12008 r' f tiW? _ r Fri I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. CIVIL DIVISION NO. 2008-04693 P Code - MORTGAGE FORECLOSURE AMENDED MOTION FOR SPECIAL SERVICE Filed on behalf of Plaintiff Counsel of record for this 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 NATIONAL CITY MORTGAGE CO., ) Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) Defendants. ) NOTICE OF PRESENTATION TO: Michael L. Mahar Kathleen Mahar 822 Anthony Drive Mechanicsburg, PA 17050 Take notice that the within Motion for Special Service pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure will be presented before the Motions Judge, Cumberland County, Carlisle, Pennsylvania, as unopposed unless a responsive pleading is filed. LOUIS P. VITTI & ASSOC., P.C. BY: uis P. itti, Esquire L'?Atorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) Defendants. ) AMENDED MOTION FOR SPECIAL SERVICE PURSUANT TO RULE 430 AND THE PENNSYLVANIA RULE, OF CIVIL PROCEDURE 400, T FO. NOW comes the Plaintiff by and through their attorneys, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, and files this motion requesting this Honorable Court permit service pursuant to Pennsylvania Rules of Civil Procedure 400, et seq., and particularly Rule 430 whereof the following is a statement: Plaintiff did file a Complaint at the above-captioned number in mortgage foreclosure. 2. The property address is 822 ANTHONYDRIVE, MECHANICSBURG,PA 17050, and is the subject of this action. 3. The Sheriff did attempt to make service but has been unable to serve the Defendants, Michael L. Mahar and Kathleen Mahar at 822 Anthony Drive, Mechanicsburg, PA 17050 because defendants were not found. See Exhibit "A". 4. The Postmaster of Mechanicsburg, PA 17050, stated Defendant receives mail at 822 Anthony Drive, Mechanicsburg, PA 17050. See Exhibit "B". 5. An investigation report shows Defendants last known address as 822 Anthony Drive, Mechanicsburg, PA 17050. See Exhibit "C". 6. Efforts to effectuate service have met without success and service has been frustrated requiring presentation of this Motion. 7. The is no opposing record of counsel; therefore, concurrence pursuant to Local Rule 208.3(a)(9) could not be sought. 8. A Judge has not ruled upon any other issue in the same or related matter of the within case. WHEREFORE, Plaintiff prays this Honorable Court enter an Order permitting service by ordinary mail to Defendants last known mailing address and also by posting the property. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY: uis P. ti, Esquire Attorney for Plaintiff PA ID 01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04693 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAHAR MICHAEL L 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 MAHAR MICHAEL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT MAHAR MICHAEL L f 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: So gans: Docketing 18.00 Service 10.00 Not Found 5.00 Thomas Kline Surcharge 10.00 Sof Cumberland County .00 43.00 OUIS VITTI 09/05/2008 Sworn and Subscribed to before me this day of - A. D. -mom EMIBIT ?? SHERIFF'S RETURN - NO`I' FOUND CASE NO: 2008-04693 P COMMONTWEALTH OF PENNSYLVAD?IA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAHAR MICHAEL L 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 MAHAR KATHLEEN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT MAHAR KATHLEEN 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Not Found Surcharge So an wers• 6.00 .00 5.00 R. Thomas Kline 10.00 he ff of Cumberland Countv .00 21.00 LOUIS VITTI 09/05/2008 Sworn and Subscribed to before me this day of A.D. w ?rY -mom ..r LOUIS P. VITTI & ASSOCIATES, P.C. 916 Fifth Avenue 6,3 Pittsburgh, PA 15219 PHONE: (412) 281-1725 /FAX: (412) 281-3810 DATE: September 12, 2008 POSTMASTER Mechanicsburg, PA 17050 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: Michael L. Mahar Address: 822 Anthony Drive. Mechanicsburg, PA 17050 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)(6xii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.0(d)(1) and (2) and corresponding Administrative SuRport Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro Se - except a corporation acting pro se must cite statute): NIA 3. The names of all known parties to the litigation: National City Mortgage Co vs Michael L Mahar and Kathleen Mahar 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, Pa 5. The docket or other identifying number if one has been issued: 2008-04693 P 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 that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. _oui . Vitti, ire 91 fifth Ave n Ittsburgh, PA 15219 FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME AND STREET ADDRESS Name: POSTMARK Address: I City, State, ZIP: I 170st ? No change of address order on file ? Not known at address given I v S?? 6 ? Moved, left no forwarding address ? No such address l?l Good as addressed - still receives mail at this address EMBIT a-? Ag LOUIS P. VITT I & ASSOCIATES, P.C. J16 Fifth Avenue Pittsburgh, PA 15219 PHONE: (412) 281.1725 /FAX: (412) 281-3810 DATE: September 12, 2008 POSTMASTER Mechanicsburg, PA 17050 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Phase furnish the new address or the name and street address (if a boxholder) for the following: Name: Kathleen Mahar Address: 822 Anthony Drive. Mechanicsburg PA 17050 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 CPR 265.6(d)(6#). There is no fee for providing boxhoider information. The fee for - --- 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): NIA 3. The names of all known parties to the litigation: National City Mortgage Co vs Michael L Mahar and Kathleen Mahar 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, 5. The docket or other identifying number if one has been issued: 2008-04693 P 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 that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Loui . Vi quire fifth Ave ue Pittsburgh, PA 15219 FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME AND STREET ADDRESS Address: City, State, ZIP: ? No change of address order on file ? Moved, left no forwarding address ? Not known at address given ? No such address POSTMARK S? Good as addressed - still receives mail at this address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. ) Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) 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 Defendants, Michael L. Mahar and Kathleen Mahar, by making inquiries of or examining the following: a. Local telephone directory assistance has the following information: b. C. Department of Transportation - shows that the last known address for the Defendant(s) is/are: d EXHIBIT 9 Local voter registration office shows the property address is: Other (please explain): 2. Notwithstanding the investigation as set forth in this Affidavit, Affiant and/or its agents have not been able to locate the whereabouts of said Defendants as shown above and by the attached exhibits. We verify that the statements made in this Affidavit are true and correct to the best of our knowledge, information and belief. We understand that false statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. FOUR STAR INVESTIGATION BY: Inv iga Commonwealth of Pennsylvania : SS. County of Allegheny On this the day of 1e 2008, before me the undersigned officer, personally appeare t e f 'ant, 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. N RY PUBLI COMMONWEALTH OF PENNSYLVAN{A Notarial Seal JenNter L Burke, Notary Public Cdr Of Pittsburgh, Allegheny Cowity W Commission Expires Apr. 27, 2010 Member, Pennsylvania Association of Notaries NOW Louis P. Vitti verifies that the statements made in this Amended Motion for Special Service are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. BY: L A-AA-, VOs P. Vi Dated: 10/6/2008 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) Defendants. ) I, Louis P. Vitti, hereby certify that on the 6th day of October, 2008, a true and correct copy of the within Amended Motion for Special Service was served upon the following by Regular U.S. Mail: Michael L. Mahar Kathleen Mahar 822 Anthony Drive Mechanicsburg, PA 17050 Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. BY: /?4-- LJA'is P. v6(, Esquire i co a "cr OCT o z Zoos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff, } No. 2008-04693 P vs. } MICHAEL L. MAHAR and ) KATHLEEN MAHAR, } Defendants. } ORDER OF COURT NOW, this /0' day of Ot./'bb , 2008, it appearing to the Court that the Sheriff has been frustrated in service of process, it is ORDERED, ADJUDGED and DECREED that service of the Complaint and all subsequent documents upon all Defendants be accomplished by ordinary mail to Defendants last known address and by posting the property by the Sheriff in order to effect compliance with Rule 400, et seq. and Rule 3129. 1, et seq. BY THE COURT: AL ( ? 4?y l y'v ? y S' al ? ? . ? S t E? i a VA r c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION Plaintiff, NO. 2008-04693 P PRAECIPE TO REINSTATE vs. COMPLAINT MICHAEL L. MAHAR and KATHLEEN MAHAR, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff, ) No. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) Defendants. ) PRAE IPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the complaint in the above-captioned case. Respectfully submitted, LOUIS P. VWI & A,?SSQCIATES, P.C. BY: P. DATE: 10/14/2008 ? O F=?r1't IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION Plaintiff, vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. NO. 2008-04693 P CERTIFICATION OF MAILING Code - MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 412-281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., ) Plaintiff ) NO. 2008-04693 P vs. ) MICHAEL L. MAHAR and ) KATHLEEN MAHAR, ) Defendants. ) CERTIFICATION OF MAILING I, Louis P. Vitti, Esquire, do hereby certify that service of the Complaint was accomplished by ordinary mail on the Defendants on the 15th day of October, 2008, at 822 Anthony Drive, Mechanicsburg, PA 17050, as per Order of Court dated October 10, 2008. A copy of said certificate of mailing is attached hereto as Exhibit "A". BY- OIL gnu= Lou' P. Vi squire Sworn to and subscribed before me this IT? day of t5}Y , 2008. f otary Pu COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer L. Burke, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Apr. 27, 2010 Member, Pennsylvania Association of Notaries U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. VIRI & Associates. P.C. 916 Fifth Avenue, Pittsburah. PA 15219 one piece of ordinary mail addressed to: Michael L. Mahar 822 Anthony Drive Mechanicsburg, PA 17050 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. VIM & Associates. P.C. 916 Fifth Avenue, Pittsburah. PA 15219 One piece of ordinary mail addressed to: Kathleen Mahar 822 Anthony Drive Mechanicsburg, PA 17050 PS Form 3817, January 2001 ?mwwalwW PI IMV BOWES .., ° 02 1A $01.1 " 01004601270 C}CT 15 20Q? ., MAILED FROM ZIP CODE 152r? ?pS£S POST rv. ?', "'?` PITNEY 60WE5 022 1,4 a1?1o 0004601 270 ACCT 1 ?' 2??08 MAILED FROM ZIPCODE-.t 5219 Mahar/jib C 0 . Q < w A -r? CASE NO: 2008-04693 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAHAR MICHAEL L ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MAHAR MICHAEL L the DEFENDANT , at 0010:13 HOURS, on the 28th day of October , 2008 at 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 by handing to POSTED PURSUANT TO COURT ORDER FOR MICHAEL MAHAR 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: So Answers: Docketing 18.00 Service 14.00 Posting 6.00 Surcharge 10.00 R. Thomas Kline ;u 30 fop ?^ .00 ? 48.00 10/29/2008 LOUIS VITTI -'? Sworn and Subscibed to By:L? before me this day eputy Sheriff of A.D. was served upon SHERIFF'S RETURN - REGULAR A , ,-,. CASE NO: 2008-04693 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS MAHAR MICHAEL L ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MAHAR KATHLEEN was served upon the DEFENDANT , at 0010:13 HOURS, on the 28th day of October , 2008 at 822 ANTHONY DRIVE MECHANICSBURG, PA 17050 by handing to POSTED PURSUANT TO COURT ORDER FOR KATHLEEN MAHAR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge p13 O?d S 9r. Sworn and Subscibed to before me this So Answers: 6.00 K0 00 .0 ??4 .0 - 10 11 ??z 6.00 10.00 R. Thomas Kline .00 22.00 10/29/2008 LOUIS VITTI By: day Zbeputyy S eriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION NO. 08-4693 CIVIL TERM Plaintiff, PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- vs. MILITARY SERVICE MICHAEL L. MAHAR and KATHLEEN MAHAR, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, NO. 08-4693 CIVIL TERM 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 $218,346.72, in favor of the National City Mortgage Co., Plaintiff in the above-captioned action, against the Defendants, Michael L. Mahar and Kathleen Mahar and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $194,773.00 Interest from 03/01/08-12/03/08 7,760.23 (Plus $35.8926 per day after 12/03/08) Late charges (Plus $57.19 per month from 07/31/08-06/10/09 $571.90) 114.38 Attorney's fee 9,738.65 Escrow Deficit 5,960.46 (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 218 The real estate, which is the subject matter of the Complaint, is situate in Hampden Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 822 Anthony Drive, Mechanicsburg, PA 17050. Parcel No. 10-17-1037-028. Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 08-4693 CIVIL TERM Plaintiff, VS. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. CERTIFICATION OF MAILIN G 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 November 18, 2008, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 3rd day ;,. ? _ Cyr^^, of December, 2008. _ r - AC I Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, NO. 08-4693 CIVIL TERM Plaintiff, Defendants. IMPORTANT NOTICE TO: Michael L. Mahar Kathleen Mahar 822 Anthony Drive Mechanicsburg, PA 17050 Date of Notice: November 18, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS P I & AS T S, P C. BY: uis i , fteeney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. - - ------ -- - ----- Louis P. Vitti, Esquire SWORN to and subscribed before me this 3rd day of December, 2008. _J a a^ ? aUt, ? lm'?C-Q I Notary Public 4i A?. tv tss ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF E<ECUTION Caption: National City Mortgage Co. VS. Michael L. Mahar & Kathleen Mahar ( ) Confessed Judgment ( ) Other File No. 08-4693 Civil Term Amunt Due $218,346.72 Interest 67747.81 At ty' s Comm Costs TO THE P R07HONOTARY OF THE SAID COURT : The undersigned hereby certifies that the below does not arise out of a retail instal stunt sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate or?.ginal proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See attached legal description. PFAE7=' FOR AZTACF14= ExFJ(VPZCN Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the descripti(:n; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE : Dec. 3, 2008 Signature: Print Name: Louis P. Vitti :address: 916 Fifth Avenue Pittsburgh, PA 15219 ,A+ tcrney for.-- Plaintiff Telec!=e: (412) 281-1725 -!?` .t 9? .. ? 4J -? ? w .?.. p ? ?'' z' irZ a ?p a O v cs . ? ?^ c ? C ? c ? -v "` i .^. '? w 6 ? w w w ?'? ? ?? w???. ., w '? ?s ?'' j .?Y, NO. 08-4693 CIVIL TERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., CIVIL DIVISION MICHAEL L. MAHAR and KATHLEEN MAHAR, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 08-4693 CIVIL TERM Plaintiff, VS. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. PRAECIPE FOR WRIT OF EXECUTI N 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 $218,346.72 Interest 12/04/08-0640/09 6,747.81 Total $225.094.53 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Hampden Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 822 Anthony Drive, Mechanicsburg, PA 17050. Parcel No. 10-17-1037-028. Louis P. Vitti, Esquire Attorney for Plaintiff l .r? 7c IN THE COURT OF COMMON (PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE Co., NO. 08-4693 CIVIL TERM Plaintiff, VS. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co. am familiar with thq 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 I in the'ibove-captioned case. K>L66 Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed _s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 08-4693 CIVIL TERM Plaintiff, vs. Defendants. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, MICHAEL L. MAHAR and KATHLEEN MAHAR, 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 822 Anthony Drive, Mechanicsburg, PA 17050. Louis P. Vitti, Esquire SWORN TO and subscribed before me this 3rd day of December, 2008. )aj?l -- Notary Public a r "?? P-P 40 tr ? v zn h? nI N ; IN THE COURT OF COMMON'PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., NO. 08-4693 CIVIL TERM Plaintiff, vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 822 Anthony Drive, Mechanicsburg, PA 17050. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Michael L. Mahar 822 Anthony Drive Kathleen Mahar Mechanicsburg, PA 17050 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) Saidis Flower and Lindsay 26 West High Street Carlisle, PA 17013 f ? Bureau of Compliance Dept. #280946 Harrisburg, PA 17128 4. Name and address of the last recorded holder of every mortgage of record: Name E Trade Bank Address (Please indicate if this cannot be reasonably ascertained) 671 North Globe Road Arlington, VA 22203 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 eve other person who has any record interest in or record lien on the property and whose interest may be afected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of eve 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 Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 PAWC Hampden Township Commonwealth of PA -DPW P.O. Box 578 Alton, IL 62002 230 South Sporting Hill Road Mechanicsburg, PA 17050 P.O. Box 8016 Harrisburg, PA 17105 ? r1 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 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 822 Anthony Drive Mechanicsburg, PA 17050 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. r December 3, 2008 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed ?. C:7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, NO. 08-4693 CIVIL TERM vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. LEGAL DESCRIPTION ALL that certain parcel of land situate in the Township of Hampden, County of Cumberland, State of Pennsylvania, being known and designated as Lot No. 28 on Final Plan No. 2 Section II, Delmier Manor, recorded at Plan Book 33, page 10, Cumberland County Records. HAVING erected thereon a dwelling known as 822 Anthony Drive, Mechanicsburg, PA 17050. PARCEL NO. 10-17-1037-028 BEING the same premises which Vernon Lee Montgomery and Laraine Kay Montgomery, husband and wife, and Vernon Lance Montgomery,, single man, by deed dated 06/24/1996 and recorded on 06/11/1996 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 142, page 542, granted and conveyed unto Michael L. Mahar, married man. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michael L. Mahar Kathleen Mahar 822 Anthony Drive Mechanicsburg, PA 17050 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue jof 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 10, 2009 at 10:00 A.M., the following described real estate, of which Michael L.Mahar and Kathleen Mahar are owners or reputed owners: Hampden Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 822 Anthony Drive, Mechanicsburg, PA 17050. Parcel No. 10-17-1037-028. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Michael L. Mahar and Kathleen Mahar at No. 08-4693 Civil Term in the amount of $218,346.72. 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. r Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4693 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From MICHAEL L. MAHAR & KATHLEEN MAHAR (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 $218,346.72 Interest $6,747.81 L.L. $.50 Atty's Comm % Arty Paid $495.50 Plaintiff Paid Date: DECEMBER 5, 2008 Due Prothy $2.00 Other Costs (24'4?911'w Cu is R. Long, onotary (Seal) By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. IN THE C6URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., Plaintiff, VS. MICHAEL ?. MAHAR and KATHLEEN MAHAR, CIVIL DIVISION NO. 2008-04693 P AFFIDAVIT OF SERVICE Filed on behalf of Plaintiff Counsel of record for this party. Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Defendant. 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 NATION CITY MORTGAGE CO., NO. 2008-04693 P Plaintiff, vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. AFFIDAVIT OF SERVICE I, A*a J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon the defendants and all lien holders by Certificate of Mailing for service in the above-captioned case on Decomber 10, 2008, advising them of the Sheriffs sale of the property at 822 Anthony Drive, Mech*csburg, PA 17050, on June 10, 2009. LOUIS P. VITTI & ASSOCIATES, P.C. B , Audra J. Hun SWORN to tind subscribed before me this 18th day _ 7AA of May, 200. f y .. u ._J Notary OCT 0 2 2008 LN' THE COURT OF COKMON PLEAS OF CUMBERLAND COUI\rrY, PE)_QNSYLN%AATL4 CIVIL DWISIOINT NATIO AI CITY MORTGAGE CO., ) Plaintiff. ) No. 2006-04693 P V. ) 1%ECHAIL L. MAHAR and ) K.4THL El`' MAHAR. ) Defendants. ) ORDER OF COURT OVW', this ky of IOL Wz ; ?008. it appearing to the Court that the Shefiff h been frustrated in ser'lce of process; it is ORDERED; ADJUDGED and DECREED that service o the Complaint and all subsequent documents upon all Defendants be accomplished by ordinanr ail to Defendants last Lvown address and by posting the property by the Sheriff in order to effect pliance with Rule 400, e, seq. and Rule 3129.1; et seq. BY THE COURT: J, TRUE wp FROM Rscostv !n Testr" whf, I here Uri*.* W, my hams 0* Sew at a,:id Cov a ca; usla, PA .. S-,cSV_ __)AAe- Of r Ihmatary U.S. POSTAL SER VICE CERTIFICATE OF MAILING /rc MAY BE USED OR TIC AND INTERNATIONAL MAIL, DOES NOT ` PROVIDE FOR INSU E-POSTMASTER Received Fran: Louis as. P.C. 1 Fifth A wnue. Pliftburah. PA 15219 One piece of wdkW , meN addressed to: Michael L. M ahar 822 Anthony Drive Mechanicsb ? rg, PA 17050 PS Form 3817, January 2001 AJ/ ahar/6-10-09 U.S. POSTAL SE VICE CERTIFICATE OF MAILIN - MAY BE USED FOR ESTIC AN INTERNATIONAL MAIL, DOES NOT .--- PROVIDE FOR INSU CE-POSTMASTER Received Fmm: L i P i ou s . VI 1 Fifth Ai & Associates, P.C. , snue. i h PA 1 1 'Y i lo One plots of maN addressed to: Kathleen Ma ar 822 Anthony Drive Mechanicsb rg, PA 17050 ra rorm 3ai r, January zoui U.S. POSTAL SE VICE CERTIFICATE OF MAILING MAY BE USED FOR AN INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSUF -POSTMASTER Received From r I _ Louis P. 4•/' `???5 1 Fifth Al 21 i t -mo One piece of wdi maN addressed to: Saidis Flows and Lindsay 26 West Hig Street Carlisle, PA 17013 ra roan mi i, January zuui U.S. POSTAL SE VICE CERTIFICATE OF MAILING C ` MAY BE USED FOR AND INTERNATIONAL MAIL, ES NOT „ . PROVIDE FOR INS E-POSTMASTER = i Received Fran: Louis P. VI & Associates, P.C. 1 Fifth 1 1 one piece of Ord mall addressed to: Y Bureau of C mpliance Dept. #280 6 Harrisburg, A 17128 L s? ? I ft1 F I 100 ;TALE .LASS )61721 j 15219 NUM& I :, At 00 US POSTAGE FIRST-CLASS 2S0007061721 C' 15219 S $1.100 US POSTAGE FIRST-CLASS ?; w 2S0007061721 15219 v 10 0 US POSTAGE IRST-CLASS f 0007061721 15219 ra rorm 3ei r, January zuui U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR TIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSL1CE-POSTMASTER Received From: Louis P. Viol & Associates. P.C. 1 Fifth A i h PA 1 1 uj) .y One piece of ocdini r mall addressed a: E. Trade Bar k 671 North G be Road Arlington, V 22203 PS Form 3317, January ZUUI ANN ahar/6-10-09 U.S. POSTAL SE VICE CERTIFICATE OF MAILING MAY BE USED FOR ESTI AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSU E-POSTMASTER Received From: P. i r Associates. P.C. 1 Fifth renue. r h PA 15219 One piece of ord mall aftessed to: V Tax Collect of Hampden Township Sj ar L: 230 South porting Hill Road t ° q Mechanicsb rg, PA 17050 PS Form 3817 January ZUU1 1. 00 I' 7 '$1.100 US POSTAGE t_ FIRST-CLASS 'F 06250007061721 t 15219 US POSTAGE ,?? FIRST-CLASS ' 062S0007061721 :. 15219 y nn? 1 U.S. POSTAL SE RVICE CERTIFICATE OF MAILING MAY BE USED FOR TIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSU RANCE-POSTMASTER Received Fran: Louis P. Vit J & Associates P.C. 1 Fifth fenue, Piftsburah. PA 1 21 t T One piece of ord mail addressed to: PAWC ?''l , . P.O. Box 57 8 ? f? (1 y Alton, IL 62 02 - PS Form 38171, January 2001 U.S. POSTAL SE RVICE CERTIFICATE OF MAI Q,? fl MAY BE USED F ST AND WERNA T R TIONAL MAIL, DOES NOT V Ml PROVIDE FOR INS RANCE-POSTMAS E C Received From: (L^= i A? Y ?, Louis P i e ` nn 916FIfth venue. Piftsburc h. Al 1 sy , One plow of and meW addressed to: - ---? Hampden T wnship 230 South porting Hill Road Mechanics urg, PA 17050 PS FOrM 3577, January 2W1 i A:. a P' PC, fa. .* M G?? ?J 1 f X1.100 ; US POSTAGE FIRST-CLASS 06250007061721 15219 ?An 100,. $1 . US POSTAGE FIRST-CLASS +c1>' 062S0007061721 15219 cC? >? _ C0 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR TIC AN INTERNATIONAL MAUL, DOES NOT PROVIDE FOR INSU CE-POSTMASTER Received From: Louis P P. C. 916 Fifth A enue. Plttsburoh, PA 15219 One piece of ordinar y m 11 addressed to: Commonwea lth of PA - DPW P.O. Box 80 6 Harrisburg, A 17105 4 PS Form 3517, January 2UU1 AS ahar/6-10-09 r $1.100 r US POSTAGE FIRST-CLASS 062S0007061721 15219 ?0 S A U.S. POSTAL SE VICE CERTIFICATE OF MAILING MAY BE USED FOR ESTIC AND INTERNATIONAL MAIL, DOES NOT ,r---•-?..,? PROVIDE FOR INSU EPOSTMASTER ' r Receved From: i ?•?? ?'?`'? Louis P. Vit :11 & Associates. P.C. 1 Fifth A renue, i r h PA 1 1 One piece of ord mal addressed to: ? Clerk of Cou rts' Criminal/Civ I Division One Courtho use Square Carlisle, PA 17013 rs Form 351 ri January zuul U.S. POSTAL SE VICE CERTIFICATE OF MAILING MAY BE USED FOR AND INTERNATIONAL MAIL, DOES NOT ` PROVIDE FOR INSU RANCE-POSTMASTER u Received From: 'Z ." k Louis P 1 Fifth ti & Associates. P.C. ! ,a h PA 15219 One plow of ortl maA addreend to: Tax Claim reau of Cumberland County Cumberlan County Courthouse One Courth use Square Carlisle, PA 17013 41.100 US POSTAGE FIRST-CLASS , 062S0007061721 15219 1? \ S i M Cr 100 $1 ' . S POSTAGE b RST-CLASS 0007061721 15219 •11 t PS Form 35171, January 2001 U.S. POSTAL SE VICE CERTIFICATE OF MAILING MAY BE USED FOR )OMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR W EPOSTMASTER Received From: Louis P. V i P. C. 916 Fifth A renue. Pittsburah, P 1 1 One piece of mal addressed to: Court of Co mon Pleas of Cumberland County NN i Domestic R lations Division P.O. Box 3 Carlisle, PA 17013 C _ $'1.100 Pc OS POSTAGE FIRST-CLASS 1 062S0007061721 15219 7 PS Form 331 71, January 2001 . U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE ED FOR ESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSU -POSTMASTER R d F i ece rom: ve Louis P. Vlft? & Associates. P.C. 9 Fifth Menue. Pittsburgh. P 1 2 ' i? v One piece of ord mail addressed to: ?.. PA Dept. of S heriff Sales ? Bureau of C mpliance Dept. #28123 0 Harrisburg, A 17128-1230 rs rorm jai r, January zuui AS ahar/6-10-09 U.S. POSTAL SE VICE CERTIFICATE OF MAILING MAY BE USED FOR TIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSU E-POSTMASTER Received From: is 1 Fifth Piftsburch, P 15219 One piece of ordinw, ?, . mail addressed to., .. ?, , Tenant/Occu . ant L''` 822 Anthony . Drive Mechanicsb rg, PA 17050 PC $1.100 F, US POSTAGE L FIRST-CLASS 062S0007061721 15219 . A WE co L'0` $1.100 US POSTAGE FIRST-CLASS 062S0007061721 15219 ?er?e r5 rorm jaw.ijanuarV ZWl FILED-tai CF THE PPOTF 2009 KAY 20 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which SECRETARY OF VETERANS AFFAIRS is the grantee the same having been sold to said grantee on the 10TH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 5TH day of DEC, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4693, at the suit of NATIONAL CITY MTG CO against MICHAEL L MAHAR & KATHLEEN is duly recorded as Instrument Number 200922891. IN TESTIMONY WHEREOF, I hset my hand anneal of said office this day of A.D. 1- of Deeds war Lu c3 At, C'umbarW 00unty, WWS, PA Vy C.onvriiH.' EX3l s Or First Mmay of Jan. 201Q National City Mortgage Co. Vs Michael L. Mahar and Kathleen Mahar In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4693 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 31, 2009 at 1118 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Michael L. Mahar and Kathleen Mahar, by posting; the property located at, 822 Anthony Lane, Mechanicsburg, Cumberland County, Pennsylvania pursuant to Court Order. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0955 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 Michael L. Mahar and Kathleen Mahar, located at, 822 Anthony Drive, Mechanicsburg, Cumberland County Pennsylvania, according to law. 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 defendants, to wit: Michael L. Mahar and Kathleen Mahar, by regular mail to their last known address of 822 Anthony Drive, Mechanicsburg, PA 17050. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis Vitti, on behalf of The Secretary of Veterans Affairs, of 1240 East Ninth Street, Cleveland, OH 44199 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 859.92 Sheriff s Costs: Docketing 30.00 Poundage 16.67 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 23.40 Levy 15.00 Surcharge 30.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed So An R. Thomas Kline, Sheriff By ?AJ,.Alk ? ' _ t-? Real Estate Coordinator 355.00 209.42 15.43 25.00 49.50 859.92 ? Flo ? le, - N rJ Cd fC . T. ` 1 CJ --3 ' C W 1703 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., Plaintiff, vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants NO. 08-4693 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 822 Anthony Drive, Mechanicsburg, PA 17050. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Michael L. Mahar 822 Anthony Drive Kathleen Mahar Mechanicsburg, PA 17050 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) Saidis Flower and Lindsay 26 West High Street Carlisle, PA 17013 Bureau of Compliance Dept. #280946 Harrisburg, PA 17128 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) E Trade Bank 671 North Globe Road Arlington, VA 22203 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 Hampden Township Address (Please indicate if this cannot be reasonably ascertained) 230 South Sporting Hill Road Mechanicsburg, PA 17050 PAWC Hampden Township Commonwealth of PA -DPW P.O. Box 578 Alton, IL 62002 230 South Sporting Hill Road Mechanicsburg, PA 1,7050 P.O. Box 8016 Harrisburg, PA 17105 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 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 822 Anthony Drive Mechanicsburg, PA 17050 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 3, 2008 Date SWORN TO and subscribed before me this 3rd day of December, 2008. r 2-?a Notary Public Louis P. Vitti, Esquire Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Michael L. Mahar Kathleen Mahar 822 Anthony Drive Mechanicsburg, PA 17050 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 10, 2009 at 10:00 A.M., the following described real estate, of which Michael L.Mahar and Kathleen Mahar are owners or reputed owners: Hampden Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 822 Anthony Drive, Mechanicsburg, PA 17050. Parcel No. 10-17-1037-028. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co. vs. Michael L. Mahar and Kathleen Mahar at No. 08-4693 Civil Term in the amount of $218,346.72. 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 LANA'YER AT ONCE. IF YOU DO NOT HAVE A LAVE YER 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 Sheriff s 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 NATIONAL CITY MORTGAGE CO., Plaintiff, vs. MICHAEL L. MAHAR and KATHLEEN MAHAR, Defendants. LEGAL DESCRIPTION NO. 08-4693 CIVIL TERM ALL that certain parcel of land situate in the Township of Hampden, County of Cumberland, State of Pennsylvania, being known and designated as Lot No. 28 on Final Plan No. 2 Section II, Delmier Manor, recorded at Plan Book 33, page 10, Cumberland County Records. HAVING erected thereon a dwelling known as 822 Anthony Drive, Mechanicsburg, PA 17050. PARCEL NO. 10-17-1037-028 BEING the same premises which Vernon Lee Montgomery and Laraine Kay Montgomery, husband and wife, and Vernon Lance Montgomery, single man, by deed dated 06/24/1996 and recorded on 06/11/1996 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 142, page 542, granted and conveyed unto Michael L. Mahar, married man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-469-3 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 MICHAEL L. MAHAR & KATHLEEN MAHAR (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 fi-om 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 $218,346.72 L.L. $.50 Interest 56,747.81 Atty's Comm % Due Prothy $2.00 Atty Paid $495.50 Other Costs Plaintiff Paid Date: DECEMBER 5, 2008 (Seal) Curti ong, Prothor - By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. Real Estate Sale # 10 On January 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 822 Anthony Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 15, 2009 By: _r _ 41 ?! 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: May 1, May 8, and May 15, 2009 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. a Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this day of May, 2009 C Notary ..? ?.-- NOTARIAL SEAL DEBORAH A C:OLLINS Notary Public CARLISLE BOR'O, CUMBERLAND COLVJTy My Commission Expires Apr 28, 2010 s. REAL ESTATE SALE NO. 10 Writ No. 2008-4693 Civil National City Mortgage Co. VS. Michael L. Mahar and Kathleen Mahar Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain parcel of land situate in the Township of Hamp- den, County of Cumberland, State of Pennsylvania, being known and designated as Lot No. 28 on Final Plan No. 2 Section II, Delmier Manor, recorded at Plan Book 33, page 10, Cumberland County Records. HAVING erected thereon a dwell- ing known as 822 Anthony Drive, Mechanicsburg, PA 17050. PARCEL NO. 10-17-1037-028. BEING the same premises which Vernon Lee Montgomery husband and Laraine Kay Montgomery, and Vernon Lance Montgomery, sin- gle man, by deed dated 06/24/1996 and recorded on 06/11/1996 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 142, page 542, granted and conveyed unto Michael L. Mahar, married man. .The Patriot-News Co. 812 Market St. Harrisburg,, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?latriot-Nevus 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 this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Real Estate Sale No. 10 Writ No. 2008-4693 Civil Term National City Mortgage, Co. VS Michael L. Mahar and Kathleen Mahar Attorney Louis P. Vittl LEGAL DESCRIPTION ALL that certain parcel of land situate in the Township of Hampden, County of Cumberland, State of Pennsylvania, being known and designated as Lot No. 28 on Final Plan No.2 Section II, Delmier Manor, recorded at Plan Book 33, page 10, Cumberland County Records. HAVING erected thereon a dwelling known as 822 Anthony Drive, Mechanicsburg, PA 17050. PARCEL NO. 10-17-1037-028 BEING the same premises which Vernon Lee Montgomery and Laraine Kay Montgomery, husband and wife, and Vernon Lance Montgomery, single man, by deed dated 06/24/ 1996 and recorded on 06/11/1996 in Cumberland County, Pennsylvania, Recorder of This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 . ........... . Sworn to?and, bscribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA w _- _-Votarai S"ea! ShemE. c-. Kisner, Notary Public City Of Hanisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Deeo,f?fice in Deed Book Volume 142, page y5A2; grp,Ited qq conveyed unto Michael L. ? lahar, nianir3 n;ar..