HomeMy WebLinkAbout01-6561IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO.,
assignee of, PNC MORTGAGE CORP. OF
AMERICA,
Plaintiff,
CIVIL DIVISION
COMPLAINT IN MORTGAGE
FO~CLOS~
VS.
MICHAEL J. MIZERAK and DEBRA
MIZERAK, husband and wife,
Defendants.
Code
MORTGAGE FORECLOSURE
Filed on behalf of
Plaimiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE
ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES
AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT
YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT
WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT
OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU
MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P.
Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for
its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Pla'mtiffis 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 207 Oak Drive,
Mount Holly Springs, PA 17065. The property address is 207 Oak Drive, Mount Holly Springs, PA
17065 and is the subject of this action.
3. On the 18th day of February, 1994, in consideration of a loan of One Hundred Twelve
Thousand, Four Hundred Thirty-Four and No/100 ($112,434.00) Dollars made by PNC Mortgage Corp. of
America, an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to PNC
Mortgage Corp. of America, an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as
mortgagor(s) and PNC Mortgage Corp. of America, as mortgagee, which mortgage was recorded on the
22nd day of February, 1994, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage
Book Volume 1197, page 785. 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. On the 10th day of January, 1995, PNC Mortgage Corp. of America, an OH corporation,
assigned to the Plaintiff, National City Mortgage Co., the said mortgage, that assignment being recorded
in the Office of the Recorder of Deeds of Cumberland County on the 10th day of January, 1995, in Mortgage
Book Volume 489, page 239. 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 January 1, 2001, the mortgage has been in default by reason, inter alia, of the failure
of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest)
and, under the terms of the mortgage, the entire principal sum is due and payable.
8. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania
Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to
foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been
served upon the mortgagor(s).
9. The amount due on said mortgage is itemized on the attached schedule.
10. 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 One Hundred Twenty-One Thousand, Four Hundred Fifty-Two
and 67/100 Dollars ($121,452.67) with interest and costs.
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P.C.
Louis P. Vitti, Esquire
Attorney for Plaintiff
MICHAEL MIZERAK
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
102,759.51
Interest @ 7.5000% from 12/01/00 through 11/30/2001
(Plus $21.1150 per day after 11/30/2001 )
7,685.85
Late charges through 11/08/2001
0 months @ 38.32
Accumulated beforehand
(Plus $38.32 on the 17th day of each month after
11/08/2001 )
344.96
Attorney's fee
5,137.98
Escrow deficit
(This figure includes projected additional charges that may be incurred by the Plaimiff
and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's
sale)
BALANCE DUE 121,452.67
...- 552~723624
: File Number~ H109-478
LEGAL DESCRIPTION
in South ~i~d!e:on To~sh~P, Cumberland ~oun=y, ~ennsy!vania, Bonded and
as ~oi!ows:
=_ye, ~h~ch po~c is' ''
fo~er!v
of Les: r E. Du~; =hence by =he !ar=er, North 2& degrees ~0 minutes
~05 fee: =o a poln: a= line of Lo= N~. a2; thence alon~ :he la=oar, North 65 degrees
50 minutes Eas: !50 fee= =o a point on =he ~es:ern line of Oak Drive; :hence
:he la:: r, South deSree$ 16 =:nucas 5as- 105 fee~ :o a point a~ Lo~ No. da, :he.
e
Place of ~EG~NNiNG.
5~iNG Lo~ No. &3 On ~he Revised Plan Of Lo~ No. 2 of ~Ine Road Heights,
.for Cumberland County i: Plan Book 16, Pa~e
BEING the same premises which Charles C. Awkerman and Mary H.
Awkerman, by Deed dated August 21, 1991 and being recorded in Cumberland
County Deed Book 35, Vol. C, Page 1013, granted and conveyed unto
Michael j. Mizerak and Debra Mizerak, Mortgagors herein.
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: November 9, 2001
SHERIFF'S RETURN -
CASE NO: 2001-06561 P
COMMONWEALTH OF ?ENNSYLVB_MIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO ETC
VS
MIZERAK MICHAEL J ET AL
REGULAR
DAWN KELL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPIJtINT - MORT FORE was served upon
MIZERAK DEBRA the
DEFENDANT , at 2046:00 HOURS, on the 14th day of December , 2001
at 58 SPRING GARDEN ESTATES
CARLISLE, PA 17013 by handing to
DEBRA MIZERAK
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 6.00
Service 6.50
Affidavit .00
Surcharge 10.00
.00
22.50
Sworn and Subscribed to before
me this 7~- day of
~ ~u~, ~69~ J-~ A.D.
/
~ / Prothonotary' '
So Answers:
R. Thomas Kline
z2/18/200
LOUIS VITTI
By:
& ASSOC.
Deputy Sheriff
SHERIFF'S RETURN -
Ci~E NO: 2001-06561 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAiqD
NATIONAL CITY MORTGAGE CO ETC
VS
MIZERAK MICHAEL J ET AL
REGULAR
JASON VIORAL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MIZERAK MICHAEL J the
DEFENDANT , at 1603:00 HOURS,
at 11 MIDLAND DRIVE
MT HOLLY SPRINGS, PA 17065
MIKE MIZEHAK
on the 10th day of December , 2001
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this ~'~ day of
/ Prothonotary ' ! J
So Answers:
R. Thomas Kline
12/18/2001
LOUIS VITTI & ASSOC.
THOMAS KLINE
EDWARD L. SCHORPI=
OFFICE QFTHE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
P,C)NNY R. ANDERSON
Chie~ OeDu~
Addrees Information R~quest
Ple~e ~mish this agency w[tIn ~= ne~ address, ifavailable, for the following individual or veri~
whe~er ~he ~ddress given below is one at which m~il for this indivieual [, curmndy being delivered.
[f~e fotlowin8 address is a porn office box, ple~e ~mish thc ~e~t address as reaorded on the
bexholder's applica~on
~ 6~i~ ~= address ~nfo~mtion for ~is ~ndividugJ is r~qu~r~d for th~
o~cial duties.
(S[~tur~ of A~ncy
(Title) '
FOR ;POST OFFICE USE ONI~Y
MAiL I$ DELIVERED TO ADDP,.ESS GIVEN
NOT IrdqOVCN AT ADDRESS Grv'EN
MOVED, LEFT NO FORWARDING ADDRESS
NO SUCH ADDRESS
0 TH]ER. (SPECIFY):
Agency Return Address
Addrees Information Request (Required Format)
Exhibi~ 352.44b
Postmark/Date Stamp
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO.,
assignee of PNC MORTGAGE CORP. OF
AMERICA,
CIVIL DIVISION
NO. 01-6561 CIVIL TERM
Plaintiff,
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
VS.
MICHAEL J. MIZERAK and DEBRA
MIZERAK, husband and wife,
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., assignee of
PNC MORTGAGE CORP. OF AMERICA,
Plaintiff,
NO. 01-6561 CIVIL TERM
VS.
MICHAEL J. MIZERAK and DEBRA MIZERAK,
husband and wife,
Defendants.
pRAECIPE FOR DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Enter judgmem in Default of an Answer in the amount of $122,423.96, in favor of
the National City Mortgage Co., et al, Plaintiff in the above-captioned action, against the Defendants,
Michael J. Mizerak and Debra Mizerak and assess Plalntift?s damages as follows and/or as
calculated in the Complaint:
Unpaid Principal Balance
Interest from 12/01/00-01/15/02
(Plus $21.1150 per day after 01/15/02)
$102,759.51
8,657.14
Late charges (Plus $38.32 per
month from 11/08/01-06/05/02 $268.24)
344.96
Attorney's fee
5,137.98
Escrow Deficit
(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)
5.524.37
Total Amount Due
$122.423.9~6
The real estate, which is the subject matter of the Complaint, is situate in S.
Middleton Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 207 Oak Drive, Mount Holly
Springs, PA 17065. Parcel #40-30-2644-061. ~<~52~, ~-~t
Lo/uis P. Vitti, Esquire
Attorney for the Plaintiff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., assignee of:
PNC MORTGAGE CORP. OF AMERICA,
Plaintiff,
NO. 01-6561 CIVIL TERM
VS.
MICHAEL J. MIZERAK and DEBRA MIZERAK,
husband and wife,
Defendants.
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 January 4, 2002, giving ten (10) day notice that judgment
would be entered should no action be taken.
LOUIS P. VITTI & ASSOCIATES, P.C.
SWORN to and subscribed
before me this 15th day
of January, 2002.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., assignee of
PNC MORTGAGE CORP. OF AMERICA,
Plaintiff,
VS.
MICHAEL J. MIZERAK and DEBRA MIZERAK,
husband and wife,
Defendants,
NO. 01-6561 CIVIL TERM
IMPORTANT NOTICE
TO:
Michael J. Mizemk
11 Midland Drive
Mt. Holly Springs, PA 17065
Debra Mizerak
58 Spring Garden Estates
Carlisle, PA 17013
Date of Notice: January 4, 2002
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:
CUlVIBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
BY:
LOUIS P. VITTI & ASSOCIATES, P.C.
Louis P. Vitti, Esquire
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 true 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 15th day
of January, 2002.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO.,
assignee of PNC MORTGAGE CORP. OF
AMERICA,
CIVIL DIVISION
NO. 01-6561 CIVIL TERM
Plaintiff,
PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
VS.
MICHAEL J. MIZERAK and DEBRA
MIZERAK, husband and wife,
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., assignee of:
PNC MORTGAGE CORP. OF AMERICA, :
Plaintiff,
NO. 01-6561 CIVIL TERM
VS.
MICHAEL J. MIZERAK and DEBRA MIZERAK,:
husband and wife, :
:
Defendants. :
PRAECIPE FOR WRIT OF
EXECUTION IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the
above-captioned matter as follows:
Amount Due
$122,423.96
Interest 01/16/02-06/05/02
Total
$125.401.18
The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate
S. Middleton Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 207 Oak Drive, Mount Holly
Springs, PA 17065. Parcel #40-30-2644-061.
Attorney for Plaintiff
IN TH~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
_ CML DIVISION --
PRAECIPE FOR WRIT OF ~XECUTION
Caption:
National City Mortgage Co., et al,
vs.
Michael J. & Debra Mizerak,
( ) Confessed Judgment
( X ) Other
File No. 01-6561 Civil Tem
Amount Due $122~423.96
Interest 2~977.22
Atty's Cc~n
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
Th~undez~i~edhereby certifies that the below does not arise out of a r~ta~t
inst~]lm=_.nt sale, contract, or account based on a confession of jud~nent, but if it does,
it is based on tha appropriate original proceeding filed pur~uant 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, inter~st and costs upon the following described properz]zof the
defendant(s) Michael 3. Mizerak and Debra Mizerak,
PRASrJ. FE FOR ATYJflh~MENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt,
inter, st and costs, as above, directing attacb~rmnt against the above-nan~d garnishee(s) for
the following property (if re~l estate, supply six copies of the description; supply four~
copies of lengthy personaltylist)
see attached legal description.
and a}l other property of the defendant(s) in the possession, custody or COntrol of the
said garnishee( $ ).
(Indicate) Index this wri~ against the garnishee(s) am a lis pendens %against
real estate of the defendant(s) described in the attached exhibit.
DATE: January 15, 2002 Signature~
" Print Name: Louis P. Vitti
.~dd~ess:
916 Fifth Avenue
Pittsburgh, PA 15219
A~torn. ey for: Plaintiff
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., assignee of
PNC MORTGAGE CORP. OF AMERICA,
Plaintiff,
VS.
MICHAEL J. MIZERAK and DEBRA MIZERAK,
husband and wife,
Defendants.
NO. 01-6561 CIVIL TERM
LEGAL DESCRIPTION
ALL that certain tract of land with the improvements thereon erected situate in South Middleton
Township, Cumberland County, Peunsylvania, bounded and described as follows:
BEGINNING at a point on the Westem line of Oak Drive, which point is at the line of Lot No. 64 on the
hereinafter Plan of Lots; thence along Lot No. 64, South 65 degrees 50 minutes West 150 feet to a point
in line of lands now or formerly of Lester E. Durum; thence by the latter, North 24 degrees 10 minutes
West 105 feet to a point at line of Lot No. 42; thence along the latter, North 65 degrees 50 minutes East
150 feet to a point on the Western line of Oak Drive; thence along the latter, South 24 degrees 10 minutes
East 105 feet to a point at Lot No. 64, the place of beginning.
BEING Lot No. 43 on the Revised Plan of Lot No. 2 of Pine Road Heights, dated February 8, 1965, which
Plan is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page.
51.
PARCEL NO. 40-30-2644-061.
HAVING erected thereon a dwelling known as 207 Oak Drive, Mount Holly Springs, PA 17065.
BEING the same premises which Charles C. Awkerman and Mary H. Awkerman, his wife, by deed dated
08/21/1991 and recorded on 08/23/1991 in the Cumberland County, Pennsylvania, Recorder of Deeds
Office in Deed Book Volume G35, page 1013, granted and conveyed unto Michael J. Mizerak and Debra
Mizerak, his wife.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., assignee of
PNC MORTGAGE CORP. OF AMERICA,
Plaintiff,
NO. 01-6561 CIVIL TERM
VS.
MICHAEL J. MIZERAK and DEBRA MIZERAK,
husband and wife,
Defendants.
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 Plaintiffseeks to execute. That the
Defendants' last known address is Michael J. Mizerak at 11 Midland Drive, Mt. Holly Springs, PA 17065
and Debra Mizerak at 58 Spring Garden Estates, Carlisle, PA 17013.
Lou s~P. Vitti, Esquire
SWORN TO and subscribed
before me this 15th day of
January, 2002.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., assignee of
PNC MORTGAGE CORP. OF AMERICA,
Plaintiff,
NO. 01-6561 CIVIL TERM
VS.
MICHAEL J. MIZERAK and DEBRA MIZERAK,
husband and wife,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129,1
National City Mortgage Co., et al, Plaintiff in the above action, sets forth as of the date the Praecipe for
the Writ of Execution was filed the following information concerning the real property located at 207 Oak
Drive, Mount Holly Springs, PA 17065.
1. Name and address of Owner(s) or Reputed Owner(s):
Narlle;
Michael J. Mizerak
Address (Please indicate if this
cannot be reasonably ascertained)
11 Midland Drive
Mt. Holly Springs, PA 17065
Debra Mizerak
58 Spring Garden Estates
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Nanle:
Same as No. I above.
Address (Please indicate if this
cannot be reasonably ascertained)
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name~
Address (Please indicate if this
cannot be reasonably ascertained)
None
Name
E-Mortgage, Inc.
PSB Lending Corp.
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)
160 W. Market Street
York, PA 17401
1950 Camino Vida Rosle
Carlsbad, CA 92008
5. Name and address of every other person who has any record lien on the property:
Address (Please indicate if this
cannot be reasonably ascertained)
6. Name and address of every other person who has any record interest in or record lien on the
property and whose interest may be affected by the sale:
Name
None
Address (Please indicate if this
cannot be reasonably ascertained)
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name
Tax Collector of S. Middletown Twp.
S. Middletown Municipal Author.
Commonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
Court of Common Pleas of
Cumberland County
Domestic Relations Division
Address (Please indicate if this
cannot be reasonably ascertained)
20 Buckthorn Drive
Carlisle, PA 17013
P.O. Box 8
Boiling Springs, PA 17007
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
P.O. Box 320
Carlisle, PA 17013
Bureau of Compliance
Tenant/Occupant
Clearance Support Section
Dept. #281230
Harrisburg, PA 17128-1230
Attn: Susan Blough
207 Oak Drive
Mount Holly Springs, PA 17065
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 unsworu falsification to authorities.
January 15.2002
Date
Louis/P Vitti, Esqm~e
Attorney for Plaintiff
SWORN TO and subscribed
before me this 15th day
of January, 2002.
tar Q_)
No ublic
!
I Ann M
~ Cib/ofP;t ;o .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., assignee of
PNC MORTGAGE CORP. OF AMERICA,
VS.
Plaintiff,
NO. 01-6561 CIVIL TERM
MICHAEL J. MIZERAK and DEBRA MIZERAK,
husband and wife,
Defendants.
AFFIDAVIT
I, Louis P. Vitti, hereby certify that as representative of National City Mortgage Co., et al am
familiar with the above-captioned case and various servicing activities related thereto and that the
provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been
Louig~;. Vitti, Esquir~-~
Attorney for Plaintiff
complied with in the above-captioned case.
SWORN to and subscribed
before me this 15th day
of January, 2002.
Notars/Pubhc
r utile
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO:
Michael J. Mizerak
11 Midland Drive
Mt. Holly Springs, PA 17065
Debra Mizerak
58 Spring Garden Estates
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 5, 2002 at 10:00 A.M., the
following described real estate, of which Michael J. Mizerak and Debra Mizerak are owners or reputed
owners:
S. Middleton Twp, Cumberland Cty & Cmwlth of PA. HET a dwg kJa 207 Oak Drive, Mount Holly
Springs, PA 17065. Parcel #40-30-2644-061.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Mortgage Co., et al vs. Michael J. Mizerak and Debra Mizerak at No. 01-6561 Civil Term
in the amount of $122,423.96.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment
against you. It may cause your property to be held or taken to pay the judgment. You may have legal
rights to prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection you
might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice
to Defend, you may have the right to have the judgment opened in you promptly file a petition with the
Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether
the Plaintiffhas a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriffhas 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
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.
Louis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE CO., CIVIL DIVISION
assignee of PNC MORTGAGE CORP. OF
AMERICA,
No. 01-6561 CIVIL TERM
AFFIDAVIT OF SERVICE
Plaintiff,
VS.
Code MORTGAGE FORECLOSURE
MICHAEL J. MIZERAK and DEBRA
MIZERAK, husband and wife,
Defendants.
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE CO., assignee of
PNC MORTGAGE CORP. OF AMERICA,
VS.
Plaintiff,
MICHAEL J. MIZERAK and DEBRA MIZERAK,
husband and wife,
Defendants.
NO. 01-6561 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Audra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon
the defendant Michael J. Mizerak by certified mail on January 24, 2002 and on Debra Mizerak
by certified mail on January 25, 2002 and all lien holders by Certificate of Mailing for service in
the above-captioned case on January 22, 2002, advising them of the Sheriffs sale of the property
at 207 Oak Drive, Mt. Holly Springs, PA 17065, on June 5, 2002.
LOUIS P. VITTI & ASSOCIATES, P.C.
A~ud~a J?Hun~r
SWORN to and subscribed
before me this 7th day
of.May, 2002. I NO'r^R~AL $~L I
17O65
Domestic Return Receipt
PS Form '
3811, ~llW~600
U.S. POSTAl, SERVICE CEi~rlHCATE OF MAILING
MA~ SE USED FOR 0OMEST~C AND ,N~ONAL MA. DOES NOT
PROVIDE FOR ~NSURANCE--POST~,~_~"~: '
7 4 ~ ~ k t/~[~~ ..... 02
~I~U~GH, PA 15219 ~ 5 ~ 1 9
~4 ~ 2) 281-1725
One piece of ordinary mail addressed to:
Tenant/Occupant
207 Oak Drive
Mr. Holly Springs, PA 17065
PS Form 3817, Mar. 1989
Affix fee here in stamps
or meter postage ~d
post mark. Inquire of
Postmaster for current
fee,
A. J./Mizerak/06-05-02
U.S. POSTAL sr~vlcE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIO~,4~L DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER ~'
Received From: ~ ~ ~
~toF~~v~,~ - -..
(412) 2e1-1725
O~e piece of ordinary mail addressed to:
Bureau of Compliance
Attn: Susan S±ough
Clearance Support Sectiot~
Dept. #281230
Harrisburg~ PA 17128-1230
Affix fee here in stwmpe
or meter postage and
post mark. Inquire of
Postmaster for current
O2
2!9
PS Form 3817, Mar, 1989 A.J./H/zerak/06-05-02
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY SE USED FOR DOMESTIC AND INTERNATIONA~,~J~IL DOES NOT
PROVIDE FOR NSURANCE--POSTMASTER
(412) 28t-
One piece of ordina~ maid addressed to:
Court of Common Pleas Cumberland Cty
Domestic Relations Division ~
P.O. Box 320
Carlisle~ PA 17013
PSForm ..... 3817, Ma,.1989 A.J./Mizerka/06-05-02
Affix fee here in stamps
or meter postage and
post mark. Inquire of
Postmaster for current
,'~'135
'.2 02
5219
(412) 281-1725
One piece of ordinary mail addressed to:
Clerk of Courts
Criminal/Civil Division
One Courthouse Square
Carlisle, PA 17013
PS Form 3817, Mar. 1989 A.J./Mizerak/06-05-02
Affix fee here in stamps
or meter postage and
post mark. Inquire of
Postmaster for current
135
02
219
U.~. POSTAL SERVICE CERTIFICATE OF MAILING I Affix fee here in sternl~
or meter postage and
PROVIDEMAy BE USEDFoR INSURANCE--POSTMASTERFOR DOMESTIC AND INTERNATIONAL MAIL,~. DOES NOT post mark. Inquire of
~'1~'~' ' . Postmaster for current
Receive~tFmm: '~ '~ lk .~,~,=~ .m.,,.. ~
LO
ou s
,.)
(412) 281-17,~5
O~e piece of ordinary mail addressed to:
Cormnonwealth of PA - DPW
P.O. Box 8016
Harrisburg, PA 17105
PS Form 3817, Mar. 1989
/
A. J./Mizerak/06-05_02
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER
Received From' ~r 3Ir I~-
LOUIS R VITTPSi AS.S~~
(412) 281-1725
One piece of ordinary mail addressed to:
S. Middletown Municipal Author.
P.O. Box 8
Boiling Springs, PA 17007
Affix fee here in stamps
or meter postage and
post mark. Inquire of
Postmaster for current
41~5
2 O2
5~19
PS .... Form 3817, Mar. 1989 A.J./Mizerak/06-05-02
~ Affix fee here in stamps
U.S. POSTAL SERVICE CERTIFICATE OF MAiLiNG i or meter postage end
MAY BE USED FOR DOMESTIC AND !NTERNATIONAL MAIL DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER <~ I poet mark. Inquire of
~ ,~ I Poetmeeter for current
Villi
PITTSi)SA~H,
(41~)
One piece of ordinary mail addressed to:
Tax Collector o~ S. Middletow-~
20 Buckthor~ D~ve
Carl±sle~ ?A 17013
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAIUNG
MAY SE USED FOR DOMESTIC AND tNTERNATI. ~.Ot4~lL DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER ~-,~ r ~
Received From: ~~ ~-dm~ ~~11~ ~m,
...,.~ ,', VlliT~ & AS ~ ^~
,'-~c,,' 281-1725
One piece of ordinary mail addressed to:
E-Mortgage, Inc.
160 W. Market Street
York~ PA 17401
Affix fee here in staml~
or meter Dostage ~
poet m~k. Inquire of
Postmaster for current
4135
2 02
·
PS Form 3817, M,r. 1998 A.J./Mizerak/06-05-02
Affix fee here in
U.S. POSTAL ~RVI~E CERTIFICATE OF I~A~.~ or meter postage and
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT poet mark. Inquire of
PROVIDE FOR INSURANCE--POSTMASTER
~ ~ ~oetmaster Tor CU~
Received From:
'~:'2' 2R1-1725
One piece of ordinaw mail addressed to: ,
Cmrl~H; CA q2~8
PS Form 3817, Mar. 1989 A.J./Mizerak/06-05-02