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HomeMy WebLinkAbout08-6292 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Accubanc Mortgage, a Division of National City Bank of Indiana Plaintiff, vs. CIVIL DIVISION NO. 08 - (o,1Qa C ivi l Terri COMPLAINT IN MORTGAGE FORECLOSURE Wanda Y. Alequin 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 Accubanc Mortgage, a Division of National City Bank of Indiana ) Plaintiff, ) NO. VS. ) Wanda Y. Alequin ) Defendants ) COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. SUSQUEHANNA LEGAL SERVICES 36 WEST MAIN STREET BLOOMSBURG, PA 17815 (717) 784-8760 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation, 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 38 E. Columbia Road, Enola, PA 17025. The property address is 38 E. Columbia Road, Enola, PA 17025 and is the subject of this action. 3. On the 26th day of April, 2006, in consideration of a loan of Ninety Three Thousand One Hundred Sixty Three and 00/100 ($93,163.00) Dollars made by Accubanc Mortgage, a Division of National City Bank of Indiana, to Defendant(s), the said Defendant(s) executed and delivered to Accubanc Mortgage, a Division of National City Bank of Indiana, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Accubanc Mortgage, a Division of National City Bank of Indiana, as mortgagee, which mortgage was recorded on the 9th day of May, 2006, in the Office of the Recorder of Deeds of Columbia County, in Mortgage Book Volume 1950, page 255. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A "ATTACHED HERETO. 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since May 1, 2008, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Pursuant to Pennsylvania Rules of Civil Procedure 1144 the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the time of filing this complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Two Thousand Five Hundred Seventy Two and 75/100 Dollars ($102,572.75) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. • .. BY Louis P. Vitti, Esquire Attorney for Plaintiff ALEQUIN SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 6.5000% from 05/01/08 through 10/31/2008 (Plus $16.2242 per day after 10/31/2008 ) Late charges through 10/6/2008 0 months @ 30.63 Accumulated beforehand (Plus $30.63 on the 17th day of each month after 10/6/2008 ) Attorney's fee Escrow deficit (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 91,105.39 2,969.04 120.94 4,555.27 3,822.11 102,572.75 EXHIBIT " A" ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Columbia Road 635.553 feet measured eastwardiy along the southern line of Columbia Road from the eastern extremity of the are or curve connecting the southern line of Columbia Road with the eastern line of Wyoming Avenue; thence eastwardly along the southern line of Columbia Road by a line curving toward the north with a radius of 502.682 feet, 26.321 feet to a point; thence South 27 degrees 39 minutes 50 seconds West through the center of the partition wall dividing properties known as 36 and 38 Columbia Road and beyond, 134.288 feet to a point; thence *North 62 degrees 20 minutes 10 seconds West a distance of 33.382 feet to a point; thence North 30 degrees 39 minutes 50 seconds East a distance of 135.162 feet to a point, the place of BEGINNING. SUBJECT to all restrictions, reservations, rights-of-way, easements for public utilities and building line(s) as may be shown on the recorded plan and in prior instruments of record. BEING THE SAME PREMISES which Christine R. Stong and Christopher R. Stang, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Wanda Y. Alequin. ' North 62 degrees 20 minutes 10 seconds West was erroneously deleted in prior Deed. I Certify this to be recorded In Cumberland County PA .4 Recorder of Deeds OR 195OPGO264 VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. 0 ouis P. Vitti Dated: 10/21/08 n ? 00 b D 1 ca x SHERIFF'S RETURN - REGULAR CASE NO: 2008-06292 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACCUBANC MORTGAGE VS ALEQUIN WANDA Y GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AT T-'lITTTTT T.T7\TTn7T V the DEFENDANT , at 0019:25 HOURS, on the 29th day of October at 38 E COLUMBIA ROAD ENOLA, PA 17025 by handing to WANDA ALEQUIN ADULT IN CHARGE 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 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 .00 1.7?bs?vS 43.-66 So Answers: R. Thomas Kline 10/30/2008 LOUIS VITTI Sworn and Subscibed to By: before me this day of A.D. 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBANC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK OF INDIANA, NO. 08-6292 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF Plaintiff, MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vs. Code MORTGAGE FORECLOSURE WANDA Y. ALEQUIN, Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff, VS. WANDA Y. ALEQUIN, Defendant. IMPORTANT NOTICE TO: Wanda Y. Alequin 3 8 East Columbia Road Enola, PA 17025 Date of Notice: December 5, 2008 NO. 08-6292 CIVIL TERM 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. SUSQUEHANNA LEGAL SERVICES 36 WEST MAIN STREET BLOOMSBURG, PA 17815 (717) 784-8760 LO TI & ESj P.?., , V BY: ou' P itti, Esquire orney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. Louis P. Vitti, Esquire SWORN to and subscribed before me this 18th day of December, 2008. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff, VS. WANDA Y. ALEQUIN, Defendant. AFFIDAVIT NO. 08-6292 CIVIL TERM I, Louis P. Vitti, hereby certify that as representative of Accubanc Mortgage, et al am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. SWORN to and subscribed Lou (s P. Vitti, Esquire Attorney for Plaintiff before me this 18th day of December, 2008. fCru??#y Notary Public ZD -n C -n t-? F-n 94. La Q <-; ? c t w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff, vs. WANDA Y. ALEQUIN, Defendant. NO. 08-6292 CIVIL TERM NOTICE OF ORDER DECREE OR JUDGMENT TO: DEFENDANT(S) You are hereby notified that a judgment was entered in the above-captioned proceeding on the ASL4 day of _ L„?rpm Qr 2008. Judgment is as follows: $103,351.51. ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WELL 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.** 46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACCUBAC MORTGAGE, A DIVISION CIVIL DIVISION OF NATIONAL CITY BANK OF INDIANA, NO. 08-6292 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF Plaintiff, LAST KNOWN ADDRESS VS. Code MORTGAGE FORECLOSURE i .A WANDA Y. ALEQUIN, Defendants. Filed on behalf of Plaintiff Counsel of record for this party. Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff, VS. WANDA Y. ALEQUIN, Defendant. NO. 08-6292 CIVIL TERM 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 $103,351.51 Interest 12/19/08-06/10/09 2,939.15 Total $106.290.66 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: East Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 38 East Columbia Road, Enola, PA 17025. Parcel No. 09-14-0832-127A. - A - ?0'4? Louis P. Vitti, Esquire Attorney for Plaintiff 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Caption: Accubanc Mortgage, et al vs. Wanda Y. Alequin TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $103,351.51 Interest 2,939.15 Atty's Corm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate 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. PRAECIPE FOR ATTACItEM E (E=ON Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. t DATE: Dec. 18, 2008 Signature: Print Name: Louis P. Vitti :-?ddress: 916 Fifth Avenue Pittsburgh, PA 15219 attorney for: Plaintiff PRAECIPE FOR WRIT OF F`<I=ION . ( ) Confessed Judgment ( ) Other File No. 08-6292 Civil Term Telechone: (412) 281-1725 o ttl c =t? vX.CW v () o a ? 1D s? Q Q G W ? c= . f.; i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, Plaintiff, VS. WANDA Y. ALEQUIN, Defendant. LEGAL DESCRIPTION NO. 08-6292 CIVIL TERM ALL that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Columbia Road 635.553 feet measured Eastwardly along the Southern line of Columbia Road from the Eastern extremity of the arc of curve connecting the Southern line of Columbia Road with the Eastern line of Wyoming Avenue; thence Eastwardly along the Southern line of Columbia Road by a line curving toward the North with a radius of 502.682 feet, 26.321 feet to a point; thence South 27 degrees 39 minutes 50 seconds West through the center of the partition wall dividing properties known as 36 and 38 Columbia Road and beyond, 134.288 feet to a point; thence *North 62 degrees 20 minutes 10 seconds West a distance of 33.382 feet to a point; thence North 30 degrees 39 minutes 50 seconds East a distance of 135.162 feet to a point, the place of beginning. SUBJECT to all restrictions, reservations, rights-of-way, easements for public utilities and building line(s) as may be shown on the recorded plan and in prior instruments of record. HAVING erected thereon a dwelling known as 38 East Columbia Road, Enola, PA 17025. PARCEL NO. 09-14-0832-127A BEING the same premises which Christopher R. Strong and Christine R. Strong, husband and wife, by deed dated 04/19/2006 and recorded on 05/09/2006 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 274, page 2274, granted and conveyed unto Wanda Y. Alequin, a single woman. *North 62 degrees 20 minutes 10 seconds West was erroneously deleted in prior Deed. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, NO. 08-6292 CIVIL TERM Plaintiff, VS. WANDA Y. ALEQUIN, Defendant. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 38 East Columbia Road, Enola, PA 17025. r Louis P. Vitti, Esquire SWORN TO and subscribed before me this 18th day of December, 2008. fr _? a Ef otary Public '? C? c? e ` ? "'-' `? ? ?` Y? 5?, . _:- L ??_ ?? ° ? ? ? - ? {,. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, ; NO. 08-6292 CIVIL TERM Plaintiff, VS. WANDA Y. ALEQUIN, Defendant. AFFIDAVIT PURSUANT TO RULE 31291 Accubanc Mortgage, et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 38 East Columbia Road, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Wanda Y. Alequin 38 East Columbia Road Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of East Pennsboro Township American Water Trash & Sewer of E. Pennsboro Township Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 98 South Enola Drive, Room 101 Enola, PA 17025 P.O. Box 371412 Pittsburgh, PA 15250 98 South Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 38 East Columbia Road Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. December 18, 2008 Date Lo 's P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 18th day of December, 2008. I ", f. Notary Public r { 171jy i .??anry '?t ,, ,_ 4, ?_010 _'s:'1 of NOi;;YIQS r-.a t> ? C ca ?a -?>>;:' i"`.7 `.4:.. tw?+ G,.-, ::? -n "-'.? _ -n f-? ?„-. j C,-7 ..?k?_! -',; ..?_? ,?R - ? 'S .? .. r,, 4 . NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA. RULE OF CIVIL PROCEDURE 3129.1 TO: Wanda Y. Alequin 38 East Columbia Road Enola, PA 17025 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 Wanda Y. Alequin are owners or reputed owners: East Pennsboro Twp, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 38 East Columbia Road, Enola, PA 17025. Parcel No. 09-14-0832-127A. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Accubanc Mortgage, et al vs. Wanda Y. Alequin at No. 08-6292 Civil Term in the amount of $103,351.51. 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. t ? ~ YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. c . // L 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 08-6292 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACCUBAC MORTGAGE, a Division of NATIONAL CITY BANK OF INDIANA, Plaintiff (s) From WANDA Y. ALEQUIN (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 $103,351.51 Interest -- $2,939.15 Atty's Comm % Atty Paid $162.00 Plaintiff Paid Date: 12/23/08 (Seal) REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: LOUIS P. VITTI & ASSOC., PC 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 L.L. $.50 Due Prothy $2.00 Other Costs Curtis R. Lo rothono ary By: Deputy :. IN THE QOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OF NATIC INDIANA, fC MORTGAGE, A DIVISION CIVIL DIVISION NAL CITY BANK OF NO. 08-6292 CIVIL TERM AFFIDAVIT OF SERVICE WANDA Y Plaintiff, Filed on behalf of Plaintiff VS. Counsel of record for this party. ALEQUIN, 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 ? w IN THE NATION DURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C MORTGAGE, A DIVISION OF , CITY BANK OF INDIANA, Plaintiff, WANDA N I, A lien holders 29,2008, ad 17025, on J vs. ALEQUIN, Defendant. AFFIDAVIT OF SERVICE NO. 08-6292 CIVIL TERM 3ra J. Hunger, do hereby certify that a Notice of Sale was mailed and served upon all )y Certificate of Mailing for service in the above-captioned case on December ising them of the Sheriff s sale of the property at 38 East Columbia Road, Enola, PA ae 10, 2009. LOUIS P. VITTI & ASSOCIATES, P.C. B Audra J. Hun AIS SWORN to and subscribed before me this 18th day of May, 2009. Notary RY4VAN1q --- c z. 3z?t0 ies i U.S. POSTAL MAY B D F PROVIDE FOR It Received Flom: CERTIFICATE OF MAILING One piece of ordi mail eddressed tc: Tax Collector of East Pennsbom Township 98 South E ola Drive, Room 101 Enola, PA 7025 AJl)?lequin/6-10-09 U.S. POSTAL SE VICE CERTIFICATE OF MAILING MAY BE U F R AND 1 RNAT MAIL, ES T PROVIDE FOR 1 CE-POSTMASTER Received From One piece of oidine maii addressed to: American Water P.O. Box 371412 Pittsburgh, P 15250 U.S. POSTAL TRYMSFEUMM PROVIDE FOR I! Revived From: CERTIFICATE OF MAILING One Piece of ordinary I eddreesed to: Trash & Sewe of East Pennsboro Township 98 South End Drive Enola, PA 17 25 'S Form 3817, J nuary2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR B-M S AN INTERNA ZONAL MAIL, DOE NOT PROVIDE FOR INSURAN -POSTMgSTER Received From: One Piece of on(mary addrassd W. Commonwealth Of PA - DPW P.O. Box 8016 Harrisburg, PA 7105 I 0 POSTAGE ? •? ' - , ' FIRST-CLASS 06250007061721 15219 E N .. ee :?c . ? N o ae i E CNI v, Cq N 5r c.. m o POSTAGE r MEMIPMRST 62S0007061721 6i 15219 N d co zs;,.i '' 1 _ ?. FIRST4'LA 'TA 062SOW70617 ? PM 1529 e h E CM N ?. ? aw IS Form 3817, Ja arv 2001 i U.S. POSTAL S MAY E USED F PROVIDE FOR IN Received From: One Piece of mdir ry mail addressed to: Clerk of Co rts Criminal/Ci it Division One Courthouse Square Carlisle, PA 17013 U.S. POSTAL MAY E D F 'ROVIDE FOR B Received Fmm: CERTIFICATE OF MAILING 10-09 CERTIFICATE OF MAILING One Piece of obi mail eddreesed to: Tax Claim Bureau of Cumberland County Cumberland ounty Courthouse One Courtho se Square Carlisle, PA 7013 U.S. POSTAL MAY BE US F PROVIDE FOR It Received From: CERTIFICATE OF MAILING One Piece of oirlhery it addressed tc: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 1 013 or n4 yg , r'L 7 v +r ,.fit POSTA pow a r° FIRST-C rte, 062S0007061 1514 '135 }. Yti. t,v. 44 .. p 7 r Fk P -.10 9 «` C .r 7 POSTAGE" FIRST-CLASS, f , 062S0007061721°# 15219 § O $1.10 P= us POSTA h" FIRST-CLA 062S00070617 1521 " :` FYI IS Form 3817, J nuary2001 U.S. POSTAL MAY BE USED PROVIDE FOR It Received From CERTIFICATE OF MAILING Af+ m P P- fef. r?A t. One Piece of obi ry mal addreeaed to: PA Dept. o Sheriff Sales Bureau of Compliance Dept. #281230 Harrisburg, PA 17128-1230 PS Form 381 ,January 2001 AJ/ lequin/6-10-09 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE US D F R STI AND INTERNATI NAL MAIL, NOT PROVIDE FOR INS EPOSR Received From: One piece of aill mail addressed to: Tenant/0 ant 38 East Cbia Road Enola, PA 025 N 4 ? s co X4 0 D .. .10 US POS E . ` FIRST 062S ,. 19 N a :g 'S Form 3817, anuary 2001 '. zN ..? ?.V t1, C, ? t 4A }r u0 Fr S : t18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ACCUBANC MTG is the grantee the same having been sold to said grantee on the I OTH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 23RD day of DEC, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6292, at the suit of ACCUBANK MTG against WANDA Y ALEQUIN is duly recorded as Instrument Number 200922890. IN TESTIMONY WHEREOF, I have ereunto set my hand an eal of said office this day of A.D. oecorder of Deeds RQ(xFFdv cf ° da. Gla,+ Wrarud Cooly, C &h PA My Con-h"%m Expkos ow Fiat Momday of Jan. 2010 ,. IL In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6292 Civil Term Accubank Mortgage, A Division of National City Bank of Indiana Vs Wanda Y. Alequin Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2009 at 1546 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Wanda Y. Alequin, personally and as Adult in Charge, at, 18 South Enola Drive, Apartment 1, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy, of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1113 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 Wanda Y. Alequin, located at, 38 East Columbia Road, Enola, 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 defendant, to wit: Wanda Y. Alequin, by regular mail to her last known address of 38 East: Columbia Road, Enola, PA 17025. 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 Accubanc Mortgage, a Division of National City Bank, of 3232 Newmark Drive, Miamisburg, OH, 45342 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 978.27 Sheriff's Costs: Docketing 30.00 Poundage 18.99 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 27.00 Levy 15.00 .I % Surcharge 30.00 Law Journal 371.00 Patriot News 305.85 Share of Bills 15.43 Distribution of Proceeds 25.00 Sheriff's Deed 49.50 978.27 716416 F J" So Answers, ? Thomas Klme, Sh ff f BY ??QrL&jre?2, _'C- V C") cJ r r, c? C"- JD S?r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA. Plaintiff, vs. WANDA Y. ALEQUIN, Defendant NO. 08-5292 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Accubanc Mortgage, et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 38 East Columbia Road, Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Wanda Y. Alequin 38 East Columbia Road Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None 4. Name and address of the last recorded holder of every mortgage of record: Name None Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: Name None 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 East Pemisboro Township American Water Trash & Sewer of E. Pennsboro Township Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Address (Please indicate if this cannot be reasonably ascertained) 98 South Enola Drive, Room 101 Enola, PA 17025 P.O. Box 371412 Pittsburgh, PA 15250 98 South Enola Drive Enola, PA 17025 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 4 . • Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 38 East Columbia Road Enola, PA 17025 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 unswom falsification to authorities. December 18. 2008 Date SWORN TO and subscribed before me this 18th day of December, 2008. qkat 1(0 Notary Public % Lo 's P. Vitti, Esquire Attorney for Plaintiff r NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVAN\TIA RULE OF CIVIL PROCEDURE 3129.1 TO: Wanda Y. Alequin 38 East Columbia Road Enola, PA 17025 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 Wanda Y. Alequin are owners or reputed owners: East Pennsboro Twp, Cumberland Cty R Cmwlth of PA. HET a dwg 1Ja 38 East Columbia Road, Enola, PA 17025. Parcel No. 09-14-0832-127A. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Accubanc Mortgage; et al vs. Wanda Y. Alequin at No. 08-6292 Civil Term in the amount of 5103,351.51. 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 T_AIa THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAM 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 maybe able to help you. You may have the right to prevent or delay the Sheriff s 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 Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property -is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed 117 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 MT OBTAIN` MTLL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON? PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACCUBANC MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA. NO. 08-6292 CIVIL TERM Plaintiff, vs. u'ANDA Y. ALEQUINT, Defendant. LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Columbia Road 635.553 feet measured Eastwardly along the Southern line of Columbia Road from the Eastern extremity of the arc of curve connecting the Southern line of Columbia Road with the Eastern line of Wyoming Avenue; thence Eastwardly along the Southern line of Columbia Road by a line curving toward the North with a radius of 502.682 feet, 26.321 feet to a point: thence South 27 degrees 39 minutes 50 seconds West through the center of the partition wall dividing properties known as 36 and 38 Columbia Road and beyond, 134.2,88 feet to a point; thence *North 62 degrees 20 minutes 10 seconds West a distance of 33.382 feet to a point; thence North 30 degrees 39 minutes 50 seconds East a distance of 135.162 feet to a point, the place of begiruiing. SUBJECT to all restrictions, reservations, rights-of-way, easements for public utilities and building line(s) as may be shown on the recorded plan and in prior instruments of record. HAVING erected thereon a dwelling known as 38 East Columbia Road, Enola, PA 17025. PARCEL NO. 09-14-0832-127A BEING the same premises which Christopher R. Strong and Christine R. Strong, husband and wife, by deed dated 04/19!2006 and recorded on 05/09/2006 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 274, page 2274, granted and conveyed unto Wanda Y. Alequin, a single woman. *North 62 degrees 20 minutes 10 seconds West was erroneously deleted in prior Deed. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6292 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACCUBAC MORTGAGE, a Division of NATIONAL CITY BANK OF INDIANA, Plaintiff (s) From WANDA Y. ALEQUIN (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 $103,351.51 Interest -- $2,939.15 Atty's Comm ' L.L. $.50 Due Prothy S2.00 Atty Paid $162.00 Plaintiff Paid Date: 12/23/08 (Seal) REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: LOUIS P. VITTI & ASSOC., PC 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Other Costs urtis R. Long othonotar By' --- -- -- Deputy Real Estate Sale # II On January 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 38 East Columbia Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 15, 2009 By: ,? C?, V ? cJ? y 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 Z4t Patr1*otwXtws 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 s? vorn 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 This ad ran on the date(s) shown below: 04/24/09 05101/09 05/08/09 . tel: ........... Sworn to and-subscribed before me this 12 day,6f May, 2009 A.D. r l lr ? rr Notary Public COMMONWEALTH OF PENNSYLVANIA Notarisi Sea' Sherrie L. Kisner, Notary Public FWCCornmission ity Of Harrisburg, Dauphin County Expires Nov. 26, 2011 Member, Pennsylvania Association of NotarFes Real Estate Sale No. 11 VrR No. 2008-8292 Civil Term Accubank Mortgage, A Division of National City Bank of Indiana VS Wanda Y. Alequin Attorney Louis P. Vittl LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Columbia Road 635.553 feet measured Eastwardly along the Southern line of Columbia Road from the Eastern extremity of the arc of curve connecting the Southern line of Columbia Road with the Eastern line of Wyoming Avenue; thence Eastwardly along the Southern line of Columbia Road by a line curving toward the North with a radius of 502.682 feet, 26.321 feet to a point; thence South 27 degrees 39 minutes 50 seconds West through the center of the partition wall dividing properties known as 36 and 38 Columbia Road and beyond, 134.288 feet to a point; thence *North 62 degrees 20 minutes 10 seconds West a distance of 33.382 feet to a point; thence North 30 degrees 39 minutes 50 seconds East a distance of 135.162 feet to a point, the place of beginning. SUBJECT to all restrictions, reservations, rights-of-way, easements for public utilities and building line(s) as may be shown on the recorded plan and in prior instruments of record. HAVING erected thereon a dwelling known as 38 East Columbia Road, Enola, PA 17025. PARCEL NO. 09-14-0832-127A BEING the same premises which Christopher R. Strong and Christine R. Strong, husband and wife, by deed dated 04119/2006 and recorded on 05/09/2006 in Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 274, page 2274, granted and conveyed unto Wanda Y Alequin, a single woman. *North 62 degrees 20 minutes 10 seconds West was erroneously deleted in prior Deed. 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, Edit' SWORN TO AND SUBSCRIBED before me this day of Mgy, 2009 Notary 117 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Comm'ssion Expires Apr 28, 2010 REAL ESTATE SALE NO. 11 Writ No. 2008-6292 Civil Accubank Mortgage, A Division of National City Bank of Indiana vs. Wanda Y. Alequin Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in East Pennsboro Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Columbia Road 635.553 feet measured Eastwardly along the Southern line of Columbia Road from the Eastern extremity of the arc of curve connecting the Southern line of Columbia Road with the Eastern line of Wyoming Avenue; thence Eastwardly along the Southern line of Columbia Road by a line curving toward the North with a radius of 502.682 feet, 26.321 feet to a point; thence South 27 de- grees 39 minutes 50 seconds West through the center of the partition wall dividing properties known as 36 and 38 Columbia Road and beyond, 134.288 feet to a point; thence *North 62 degrees 20 minutes 10 seconds West a distance of 33.382 feet to a point; thence North 30 degrees 39 minutes 50 seconds East a distance of 135.162 feet to a point, the place of beginning. SUBJECT to all restrictions, res- ervations, rights-of-way, easements for public utilities and building line(s) as may be shown on the recorded plan and in prior instruments of record. HAVING erected thereon a dwell- ing known as 38 East Columbia Road, Enola, PA 17025. PARCEL NO. 09-14-0832-127A. BEING the same premises which Christopher R. Strong and Christine R. Strong, husband and wife, by deed dated 04/19/2006 and recorded on 05/09/2006 in Cumberland County, Pennsylvania, Recorder of Deeds Of- fice in Deed Book Volume 274, page 2274, granted and conveyed unto Wanda Y. Alequin, a single woman. *North 62 degrees 20 minutes 10 seconds West was erroneously deleted in prior Deed.