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HomeMy WebLinkAbout08-7159IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK CIVIL DIVISION NO. M -"1159 eiv, I (er-rn Plaintiff, vs. JOHN F. NAU III and LISA M. NAU Defendants. COMPLAINT IN MORTGAGE FORECLOSURE Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK) Plaintiff, ) NO: vs. ) JOHN F. NAU III and ) LISA M. NAU ) Defendant(s) ) COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 3104 Mackenzi Lane, York, PA 17408. The property address is 4 Creamery Drive, Boiling Springs, PA 17007 and is the subject of this action. 3. On the 13th day of June, 2007, in consideration of a loan of Two Hundred Twenty Eight Thousand Six Hundred Seventy Seven and 00/100 ($228,677.00) Dollars made by National City Mortgage, a division of National City Bank, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage, a division of National City Bank, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage, a division of National City Bank, as mortgagee, which mortgage was recorded on the 21 st day of June, 2007, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1996, page 3196. 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 July 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 Two Hundred Fifty Two Thousand Seven Hundred Seventy Two and 37/100 Dollars ($252,772.37) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. Louis P. Vitti, Esquire Attorney for Plaintiff NAU SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 226,109.25 Interest @ 6.0000% from 06/01/08 through 12/31/2008 7,916.92 (Plus $37.1686 per day after 12/31/2008 ) Late charges through 12/2/2008 0 months @ 68.77 Accumulated beforehand 137.54 (Plus $68.77 on the 17th day of each month after 12/2/2008 ) Attorney's fee 11,305.46 Escrow deficit 7,303.20 (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 252,772.37 EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of real estate situate in South Middleton Township; Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Creamery Road, Township Road T412, at corner of Lot No. 1 l on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 11, South 09 degrees 29 minutes West 150 feet to a point in line of Lot No. 2B on the hereinafter mentioned Plan of Lots; thence by said Lot No. 2B and by land now or formerly of Edgar Spatz, North 85 degrees 51 minutes 30 seconds East 100 feet to a point at the comer of Lot No. 9 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 9, South 09 degrees 29 minutes East 150 feet to a point on the northern right-of-way line of Creamery Road; thence by the northern edge of Creamery Road, South 85 degrees 51 minutes 30 seconds West 100 feet to a point, the place of BEGLNNLNG. CONTAINING 15,00 square feet, more or less. BEING Lot No. 10 on the Subdivision Plan for Boiling Springs Plaza, Inc. recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 40, Page 132. EA-Vt bil A I h " 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. ouis P. Vitti Dated: 12/2/08 o0 ? ? R.? al s tr? ?tT { 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07159 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE VS NAU JOHN F III 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 NAU LISA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 4 CREAMERY DRIVE NAU LISA M NOT FOUND , as to BOILING SPRINGS, PA 17007 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answ 6.00 .00 5.00 R. T omas ine 10.00 Sheriff of Cud erland County .00 21.00 LOUIS VITTI 01/27/2009 Sworn and Subscribed to before me this day of A. D. 1 / y O' A SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07159 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE »- VS NAU JOHN F III ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being "'""I -Sow duly sworn according to law, says, that he made a diligent search and .... .wft and inquiry for the within named DEFENDANT to wit: "Wo slim NAU JOHN F III but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to ?. serve the within COMPLAINT - MORT FORE On January 27th , 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 41.70 Postage .76 V , .'=V 01/27/2009 LOUIS VITTI Sworn and subscribe to before me this day of So answer Thomas Kline Sheriff of Cumberland County A. D. C-1 CL r l J (\ Lt ".. N c..3 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07159 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE VS NAU JOHN F III ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: NAU LISA M but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 27th , 2009 , this office was in receipt oft attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 01/27/2009 LOUIS VITTI Sworn and subscribe to before me this day of So answerer f? R. Thomas Kline Sheriff of Cumberland County A. D. >- (Ni CD ? U_ Ctid _ LL) C N } SHERIFF'S RETURN - REGULAR CASE NO: 2008-07159 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE VS NAU JOHN F III ET AL 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 NAU JOHN F III the DEFENDANT , at 1955:00 HOURS, on the 18th day of December , 2008 at 4 CREAMERY DRIVE BOILING SPRINGS, PA 17007 by handing to KYLE MAZUREK, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 7.20 .? .00 10.00 R. Thomas Kline .00 35.20 01/27/2009 LOUIS VITTI By: day A. D. rr r_1, t•j Ls c L4J Cl.. C;' J zL r,t C) •, +r • • • • • • • • • 4- PENNY PRESS OF PORK, INC. Ph (717) 843.4078 Fax (717) 848-1360 - - `? COUNTY OF YORK l OF 2 OFFICE OF THE SHERIFF S(R;'; 19601E 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE o'vown$ PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAM TYPE 0011 Y LJ!E 1 TIM 12 0 "OT WTAf AMY COPM 1 PLAINTIFFISI National City Mortgage et al 3. DEFENDANT/S/ John F. Nau, III et al 2 COURT N R 200 - 159 Civil 4. TYPE OF WRIT OR COMPLAINT R'Fi'c CEomP. Mort Fore SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, UK SULD John F. Nau, III 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO, TWP T AT 3104 Mackenzi Lane, York, PA 17408 T 7. INDICATE SERVICE 0 PERSONAL X3 PERSON IN CHARGE U DEPUTIZE U CERT. MAIL NOW 1 919.108 20 I, SHERIFF OF *W? York COUNTY to ex ff. to law. This deputization being made at the request and risk of the plainti ecut 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF COUNTY Ain? FEE PAID BY ATTY. MAIL U POSTED U OTHER P do hereby deputize the sheriff of make rgturnAX640 according Cumberland NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURIMUIS P.VITTI ESQ. 10. TELEPHONE NUMBER 11. DATE FILED 916 FIFTH AVE., PITTSBURGH, PA 15219 1412-281-1725 2-5-08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SW FOR USE OF TtE' SHRIVFF - 00 My 111oELf7W1f LM 13. 1 acknowledge reompt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MJ MCGILL YCSO 112-11-2008 11-4-2009 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. MAIM AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS T 404, )nt. Date Time Miles Int. Dale Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS 23. Advance Costs 1124 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 131. Surchg. 32. Tor. Costs 33 Costs Due $100.00 0 3.?? r d o Vii. 7 $. 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 138. mot Found 39. Total Costs Cost 2 t1 41. AFFIRMED and subscribed to me this 42. day of MIZIA"T 44. Signature of Dep. Sheriff NOTARIAL SEAL 46. Signature of ork County StrerNf LISA L. BOWMAN, NOTARY PUBLIC RICHARD P. r YORK COUNTY OF YOR K , CITY 2009 MY COMMISSION EXPIRES AUG. 12 48 r ignce of Foreign , F- -I LJ Check No Refund 45. DATE 47. DATE 3.-20-09 49. DATE PER EX'WIFES BOYFRIEND DAVID S. CREIGHTON, DEF DOES NOT AND NEVER LIVED AT THIS ADDRESS, MAY BE OUT OF STATE. _l a PENNY PRESS OF YORK, INC. Ph (717) 843.4078 Fax (717) 848-1360 I L? 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF SER )7 (71-9601 L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE G WY LAW T14RU 12 END WT DETACH ANY COP" 1 PLAINTIFF/S/ 3. DEFENDANTIS/ Tnhn R- Nnii_ TTT et al 2. COURT NIUMULK ot'. & tiomp. Mort Fore SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPtRIY IU tst LtvmU. AI Ih? nca?, 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP . AT v or! PA 171408 AT ?1n4 MacKenzi Tane} k 7. INDICATE SERVICE: l7 PERSONAL l p RSON IN CHARGFn „ O DEPUTIZE 11 rF,RT MAIL, _ 01ST Y II NOW 1 9 /0 MR , 20 I, SHERIFF OF ?(e?NRXUNXJ T NJ h COUNTY to execute this Writ at to law. This dep ization being made at the request and risk of the plaintiff.. -? 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF CO. 0 FM MAIL 0 POSTED O OTHER "PAID BY ATTY. D hereby deputize the sheriff of dso return thereof according NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any I=. desbucion, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURErnUIS P. VITTI,ESQ. 10. TELEPHONE NUMBER 11. DATE FILED 916 FIFTH AVE., PITTSBURGH, PA 15219 412-281-1725 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed 0 notice is to be mailed) CUMBERLAND CO SHERIFF -2-5-2008 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Exlwabo VHearing Date or complaint as indicated above. MJ MCGILL YCSO 112-11-200E 1-4-2009 16. HOW SERVED: PERSONAL ( ) RESIDENCE t)10 POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I unable to locate the individual, company, etc. n med above. (See remarks below.) A OF INDVIDUAL SERVED /LIST ADDRESS HERE IF N A(ieMti ME iP to 19. Date of Service 20. Time of Se X . S?A1^ D S. CIZGI (;Ht0 ) O NJ 53 m" 121 ATTE S Date Time Milks Int. Date Time Miles Int. Date Time Miles Int. Date T Miles IM. Date ' Time Miles Int. Date Time M4es Int. 22. REMARKS 27 Postage 26. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 1l 1 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to bjX. me 42. day of JWM vmwvf? NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY COMMIS.qInnI r-ND10CO A i ire - 44. Signature of Dep. Sheriff / 46. Signature ofd County Sherifff 48. Signature of Foreign r......w, ewe..w 47. DATE t=20-09 49. DATE .1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A CIVIL DIVISION DIVISION OF NATIONAL CITY BANK, NO. 08-7159-Civil Term PRAECIPE FOR DEFAULT Plaintiff, JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. Code MORTGAGE FORECLOSURE JOHN F. NAU, III and LISA M. NAU, 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 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Plaintiff, : NO: 08-7159-Civil Term vs JOHN F. NAU, III, and LISA M. NAU, 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 $254,593.63, in favor of the National City Mortgage, et al, Plaintiff in the above-captioned action, against the Defendants, John F. Nau, III and Lisa M. Nau and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $226,109.25 Interest from 06/01/08-02/18/09 9,738.18 (Plus $41.8510 per day after 02/18/09) Late charges (Plus $68.77 per month from 12/02/08-06/10/09 $412.62) 137.54 Attorney's fee 11,305.46 Escrow Deficit 7,103.20 (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 $254.593.63 The real estate, which is the subject matter of the Complaint, is situate in South Middleton Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 4 Creamery Drive, Boiling Springs, PA 17007. Parcel No. 40-27-1921-040. Louis P. Vitti, Esquire Attorney for the Plaintiff i 1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Plaintiff, NO: 08-7159-Civil Term vs JOHN F. NAU, III, and LISA M. NAU, 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 February 3, 2009, 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 18th day of February, 2009. NOTARIAL SEAL SHERRY L HOUSE Notary Public Notary Public CITY OF PITTSBURGH. ALLEGHENY COUNTY My Commission Expires May 15, 2011 .11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Plaintiff, vs. JOHN F. NAU, III and LISA M. NAU, NO. 08-7159 CIVIL TERM Defendants. IMPORTANT NOTICE TO: John F. Nau, III 4 Creamery Drive Boiling Springs, PA 17007 Date of Notice: February 3, 2009 Lisas M. Nau 3104 MacKenzi Lane, Apt. #4 York, PA 17408 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 BY: LOUI TI & A T , . P.C. Lbuis Esquire Attorney 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. - - - ---------- y '- -4? Louis P. Vitti, Esquire SWORN to and subscribed before me this 18th day of February, 2009. NOTARIAL SEAL AW SHERRY L HOU10 NQtg1y P011c otary Public CITY OF PITTSIURON, 400W OW COUNTY My Commission ExpItes May 15, 2011 r-a ca °r?ti ?*, C °„? ? ? ,? ? ? ?C,J g ? , ? ? { Q[??' ... ? f ? :t?z ?' , ? ? r? ? ? t ? } 4 C 1 ea y ( p t (?'S S NO. 08-7159-Civil Term PRAECIPE FOR WRIT OF Plaintiff, EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A CIVIL DIVISION DIVISION OF NATIONAL CITY BANK, vs. JOHN F. NAU, III and LISA M. NAU, 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 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Plaintiff, NO: 08-7159-Civil Term vs JOHN F. NAU, III, and LISA M. NAU, Defendants. PRAECIPE FOR WRIT OF E ECiIT10AT 1G?i 411TGAGE 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 $254,593.63 Interest 02/19/09-06/10/09 4,645.46 Total $259.239.09 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: South Middleton Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 4 Creamery Drive, Boiling Springs, PA 17007. Parcel No. 40-27-1921-040. Louis P. Vitti, Esquire Attorney for Plaintiff - r ?? S W, - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA -' -+ CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION :action: National City Mortgage, a Division of National City Bank, VS. John F. Nau, III and Lisa M. Nau, . ( ) Confessed Judgment : k(X ) Other File No. 08-7159-Civil Term Amount Due $254,539.63 Interest 4,645.46 . At ty' s Ccr m TO THE PROTHONOTARY OF THE SAID COURT: Costs The undersigned hereby certifies that the below does not arise out of a retail install mnt sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate ori.ginal proceeding filed pursuant to Act 7 of 1966 as ?mended; 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) Please see attached Legal Description PRAECI.PH FOR ATrACHMERr E*=ON Issue writ of attachment to the Sheriff of county, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a !is pendens against real estate of the defendant(s) described in the attached bit. SATE. February 18, 2009 Signatures P=int Name: Louis P. Vitti =ddress: 916 Fifth Avenue Pittsburgh, PA 15219 Azzorr;ev for: Plaintiff (412) 281-1725 ? °? ' -n TJ t'f:; ?-} .v =r :' N -x1?'? C ... ,,,,,?,? ? e4/ \..i ? '? ;'? Y '" `I, -^w ? r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, ; Plaintiff, NO: 08-7159-Civil Term vs JOHN F. NAU, III, and LISA M. NAU, Defendants LEGAL DESCRIPTION ALL that certain lot or parcel of real estate situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Creamery Road, Township Road T-412, at corner of Lot No. 11 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 11, South 09 degrees 29 minutes West 150 feet to a point in line of Lot No. 2B on the hereinafter mentioned Plan of Lots; thence by said Lot No. 2B and by land now or formerly of Edgar Spatz, North 85 degrees 51 minutes 30 seconds East 100 feet to a point at the corner of Lot No. 9 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 9, South 09 degrees 29 minutes East 150 feet to a point on the Northern right- of-way line of Creamery Road; thence by the Northern edge of Creamery Road, South 85 degrees 51 minutes 30 seconds West 100 feet to a point, the place of beginning. CONTAINING 15,000 square feet, more or less. BEING Lot No. 10 on the Subdivision Plan for Boiling Springs Plaza, Inc. recorded in the Office of the Recorder of Deeds Cumberland County, Pennsylvania, in Plan Book 40, Page 132. HAVING erected thereon a dwelling known as 4 Creamery Drive, Boiling Springs, PA 17007. PARCEL NO. 40-27-1921-040. BEING the same premises which Pollard & Company, Inc., by Deed dated 06/30/2006 and recorded 07/06/2006 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 275, Page 2593, granted and conveyed unto John F. Nau and Lisa M. Nau, husband and wife. r rry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Plaintiff, : NO: 08-7159-Civil Term vs JOHN F. NAU, III, and LISA M. NAU, Defendants. AFFIDAVIT PURSUANT TO RULE 31291 National City 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 4 Creamery Drive, Boiling Springs, PA 17007. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) John F. Nau, III 4 Creamery Drive Boiling Springs, PA 17007 Lisa M. Nau 3104 MacKenzi Lane, Apt. #4 York, PA 17408 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 0 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) NONE 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tax Collector of South Middleton Township South Middleton Municipal Authority Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division Address (Please indicate if this cannot be reasonably ascertained) 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 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 4 Creamery Drive Boiling Springs, PA 17007 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. F&i rX 18, 2009 Date SWORN TO and subscribed before me this 18th day of February, 2009. Notary Publi NOTARIAL SEAL SHERRY L HOUSE Notary Public CITY OF PITTSBURGH, ALLEGHENY COUNTY My Commission Expires May 15, 2011 Louis`'P. Vitti, Esquire Attorney for Plaintiff ?. ? ; ? i?s? ? . . ? , ? ?-_ t,?y ;_. ?: -r, ,,::- `.? ? , f c .?? ::?. c'. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John F. Nau, III Lisa M. Nau 4 Creamery Drive 3104 MacKenzi Lane Boiling Springs, PA 17007 Apt. #4 York, PA 17408 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 John F. Nau, III and Lisa M. Nau are owners or reputed owners: South Middleton Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg kla 4 Creamery Drive, Boiling Springs, PA 17007. Parcel No. 40-27-1921-040. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage, et al vs. John F. Nau, III, et al at 08-7159-Civil Term in the amount of $254,593.63. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 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 08-7159 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE, a Division of NATIONAL CITY BANK, Plaintiff (s) From JOHN F. NAU, III and LISA M. NAU (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 $254,593.63 Interest 2/19/09 - 6/10/09 - $4,645.46 Atty's Comm % Atty Paid $258.66 Plaintiff Paid Date: 2/20/09 (Seal) REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: LOUIS P. VITTI & ASSOC., P.C. 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 21 - Curtis R ong, Protho otary By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A CIVIL DIVISION DIVISION OF NATIONAL CITY BANK, NO. 08-7159-Civil AFFIDAVIT OF SERVICE Plaintiff, VS. Filed on behalf of Plaintiff Counsel of record for this party. JOHN F. NAU, III and LISA M. NAU, Defendants. 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, A DIVISION OF NATIONAL CITY BANK, Plaintiff, : NO: 08-7159-Civil Term vs JOHN F. NAU, III, and LISA M. NAU, Defendants. AFFIDAVIT OF SERVICE I, Louis P. Vitti, do hereby certify that a Notice of Sale was mailed and served upon all lien holders by Certificate of Mailing for service in the above-captioned case on February 27, 2009, advising them of the Sheriffs sale of the property at 4 Creamery Drive, Boiling Springs, PA 17007, on June 10, 2009. LOUIS P. VITTI & ASSOCIATES, P.C. BY Louis P. Vitti SWORN to and subscribed before me this 22nd day of May, 2009. Notary Public NOTARIAL SEAL SHERRY L HOUSE Notary Public CITY of y Commission GExpires May 15 201T1 M s, U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P Vitti & `aMiates P.C. 916 Fifth Avenue Pittsburah PA 15219 One pace of ordinary mail addressed to: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 _ 0 ?POSTAGE PIRSPTO LASS 062S0007061721 15219 e U) PS Form 3817, January U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P Vitti & Associates P .C. 916 Fifth Avenue. Pittsburgh, PA 15219 One pace of ordinary mail addressed to: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 3817, January POSTAGE FIRST-CLASS `662S0007061721 15219 1Y L ^r POSTAGE 'FIRST CLASS 062S0007061721 15219 -ter, t MEW 'k 1'4 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOME IC AND INTERNATIONAL MAIL, DOES T PROVIDE FOR INSURANCE-POSTMASTER Received From: i r Louis P Vitti & Associates P .C. 916 Fifth Avenue Pittsburah PA 15219 One piece of ordinary mail addressed to: PA Dept. of Sheriff Sales Bureau of Compliance Dept. #281230 Harrisburg, PA 17128-1230 3 7 , .1,.. PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING . - MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT rTAG E A E FOR INSURANCE-POSTMASTER PROVID IR S 062S0007061721 Received From 15219 rC ' Louis P Vito & ASSOCiates P.C. 916 Fifth Pittsburgh. PA 15219 Pittsburgh, PA 152199 ` f di mail addressed to: f A, ? 2 One pace o or nary ant Tenant/Occu ` ?"? ' p 4 Creamery Drive ? Boiling Springs, PA 17007 PS Form 3817, January s1h.nau.6.10.09 a r -1 , U.S. POSTAL SERVICE CERTIFICATE OF MAILING -i 0 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT „POSTAGE PROVIDE FOR INSURANCE-POSTMASTER .. 'FIRST-CLASS - 062S0007061721 Received From: 15219 Louis P. Vitti & Associates. P.C. 916 Fifth Avenue, Pittsburah, PA 15219 a mail addressed to: of ordinar O i Y 8C F 1 - y ne p ece Tax Collector of South Middleton Township 27 `' 20 Buckthorn Drive " r Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING 0 S jib DOES NOT MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL POSTAGE ' , PROVIDE FOR INSURANCE-POSTMASTER . , FIRST-CLASS 06250007061721 Received From: 15219 Louis P. Vito & Associates. P.C. 916 Fifth Avenue, Pittsburah, PA 15219 y t One piece of ordinary mail addressed to: r ? South Middleton Municipal Authority P.O. Box 8 Boiling Springs, PA 17007 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue, Pittsburah, PA 16219 , One piece of ordinary mail addressed to Commonwealth of PA -DPW 21 P.O. Box 8016 Harrisburg, PA 17105 i? D ' u• POSTAGE A-s b62SOS00T7006L1A721 15219 C' 1 -- r PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY USE O DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitu & Associat es, P.C. -- -.r 916 Fifth Avenue, Pittsb urah, PA 16219 One piece of ordinary mail addressed to: f Clerk of Courts Criminal/Civil Division l ,0 One Courthouse Square l? Carlisle, PA 17013 I , POSTAGE FIRST-CLASS 062S0007061721 15219 N •• C' 1 r, Ps roan 3577, January 2UU1 i ti'i vL r RL 2GG9 MAY 27 Ai I IL, In the Court of Common Pleas of C14mberland County,' Pennsylvania r Writ No. 2008-7159 Civil Term National City Mortgage, A Division of National City Bank Vs John F. Nau, III and Lisa M. Nau R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on March 19, 2009, he sent via certified. a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, for the within named defendant, to wit: John F. Nau, III, by mailing to his last known address of. 5109 Manitowac Parkway, Madison, WI, 53705, mailing signed for on March 23, 2009. R. Thomas Kline, Sheriff, who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Lisa M. Nau, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within, Real Estate Writ of Execution, Notice of Sheriff's Sale of Real Property and Legal Description, according to law. York County Return, And now, the I Vh day of March, 2009, served the within, Real Estate Writ, Notice of Sheriff's Sale, Legal Description, upon Lisa M. Nau, n/k/a Lisa M. Mazurik, by making known unto Lisa M. Nau, n/k/a Lisa M. Mazurik, at, 3104 McKenzie Lane, Apt 4, York, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers; Richard Keuerleber, Sheriff, York County, Pennsylvania. Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2009 at 0940 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John F. Nau, III and Lisa M. Nan, located at, 4 Creamery Drive, Boiling Springs, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit John F. Nau, III and Lisa M. Nau, by regular mail to their last known address of 4 Creamery Drive, Shippensburg, PA 17257. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 16.99 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Out of County 9.00 Milage 9.90 Levy 15.00 Surcharge 30.00 Law Journal 365.00 Patriot News 305.85 Share of Bills 15.43 Post Pone Sale 20.00 849.67 ?/?s/6 So Answers, ??00#00 'AO'st '100- 'OV-0 R. Thomas Kline, Sheriff By ??? Ub. '?*' 0 0 jxk(-? Real Estate Coordinator F'1- n11- Lug J ....,, .J Co ,g ),&0 6- 709F;7' 41 z.zgoF' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, : Plaintiff, NO: 08-7159-Civil Term vs JOHN F. NAU, III, and LISA M. NAU, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City 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 4 Creamery Drive, Boiling Springs, PA 17007. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) John F. Nau, III 4 Creamery Drive Boiling Springs, PA 17007 Lisa M. Nau 3104 MacKenzi Lane, Apt. #4 York, PA 17408 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 r 4. Name and address of the last recorded holder of every mortgage of record: Name NONE 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) Address (Please indicate if this cannot be reasonably ascertained) 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of South Middleton Township South Middleton Municipal Authority Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division 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 One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant Dept. #281230 Harrisburg, PA 17128-1230 4 Creamery Drive Boiling Springs, PA 17007 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. February 18, 2009 Date SWORN TO and subscribed before me this 18th day of February, 2009. n r Notary Publi NOTARIAL SHERRY L HOUSE Notary Public CITY OF PITTSBURGH, ALLEGHENY COUNTY My Commission Expires May 15, 2011 ?r\ Louis`P. Vitti, Esquire Attorney for Plaintiff a, NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John F. Nau, III 4 Creamery Drive Boiling Springs, PA 17007 AND: ALL LIEN HOLDERS Lisa M. Nau 3104 MacKenzi Lane Apt. #4 York, PA 17408 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 John F. Nau, III and Lisa M. Nau are owners or reputed owners: South Middleton Twp, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 4 Creamery Drive, Boiling Springs, PA 17007. Parcel No. 40-27-1921-040. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage, et al vs. John F. Nau, III, et al at 08-7159-Civil Term in the amount of $254,593.63. 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. v YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE.- IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 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, A DIVISION OF NATIONAL CITY BANK, : Plaintiff, NO: 08-7159-Civil Term vs JOHN F. NAU, III, and LISA M. NAU, Defendants. LEGAL DESCRIPTION ALL that certain lot or parcel of real estate situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Creamery Road, Township Road T-412, at corner of Lot No. 11 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 11, South 09 degrees 29 minutes West 150 feet to a point in line of Lot No. 213 on the hereinafter mentioned Plan of Lots; thence by said Lot No. 2B and by land now or formerly of Edgar Spatz, North 85 degrees 51 minutes 30 seconds East 100 feet to a point at the corner of Lot No. 9 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 9, South 09 degrees 29 minutes East 150 feet to a point on the Northern right- of-way line of Creamery Road; thence by the Northern edge of Creamery Road, South 85 degrees 51 minutes 30 seconds West 100 feet to a point, the place of beginning. CONTAINING 15,000 square feet, more or less. BEING Lot No. 10 on the Subdivision Plan for Boiling Springs Plaza, Inc. recorded in the Office of the Recorder of Deeds Cumberland County, Pennsylvania, in Plan Book 40, Page 132. HAVING erected thereon a dwelling known as 4 Creamery Drive, Boiling Springs, PA 17007. PARCEL NO. 40-27-1921-040. BEING the same premises which Pollard & Company, Inc., by Deed dated 06/30/2006 and recorded 07/06/2006 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 275, Page 2593, granted and conveyed unto John F. Nau and Lisa M. Nau, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7159 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE, a Division of NATIONAL CITY BANK, Plaintiff (s) From JOHN F. NAU, III and LISA M. NAU (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 $254,593.63 L.L. $.50 Interest 2/19/09 - 6/10/09 -- $4,645.46 Atty's Comm % Due Prothy $2.00 Atty Paid $258.66 Other Costs Plaintiff Paid Date: 2/20/09 Curtis ROng, tho tary (Seal) By: Deputy REQUESTING PARTY: Name: LOUIS P. VITTI, ESQUIRE Address: LOUIS P. VITTI & ASSOC., P.C. 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Real Estate Sale # 85 On March 3, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 4 Creamery Drive, Boiling Springs More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2009 B -?? ?--' Y \f i ? 1? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL, (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss. 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, 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. ----;)? i Marie Coyne, Ed' or SWOWTO AND SUBSCRIBED before me this Lf Ma 009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY COMMISSIon EXPires Apr 28, 2010 REAL ESTATE BALE NO. 88 Writ No. 2008-7159 Civil National City Mortgage, A Division of National City Bank VS. John F. Nau, III and Lisa M. Nau Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that certain lot or parcel of real estate situate in South Middle- ton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Cream- ery Road, Township Road T-412, at comer of Lot No. 11 on the herein- after mentioned Subdivision Plan; thence by said Lot No. 11, South 09 degrees 29 minutes West 150 feet to a point in line of Lot No. 2B on the hereinafter mentioned Plan of Lots; thence by said Lot No. 2B and by land now or formerly of Edgar Spatz, North 85 degrees 51 minutes 30 sec- onds East 100 feet to a point at the corner of Lot No. 9 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 9, South 09 degrees 29 minutes East 150 feet to a point on the Northern right-of-way line of Creamery Road; thence by the North- ern edge of Creamery Road, South 85 degrees 51 minutes 30 seconds West 100 feet to a point, the place AIMING 15,000 square feet, g more or less. BEING Lot No. 10 on the Sub- division Plan for Boiling Springs Plaza, Inc. recorded in the Office of the Recorder of Deeds Cumberland County, Pennsylvania, in Plan Book 40, Page 132. HAVING erected thereon a dwell- ing known as 4 Creamery Drive, Boiling Springs, PA 17007. PARCEL NO. 40-27-1921-040. BEING the same premises which Pollard & Company, Inc., by Deed dated 06/30/2006 and recorded 07 / 06 / 2006 in the Recorder's Office of Cumberland County, Pennsylva- nia, Deed Book Volume 275, Page 2593, granted and conveyed unto John F. Nau and Lisa M. Nau, hus- band and wife. 'The Patriot-News Co. 812, Market St. Harrisburg, PA 17101 1quiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE tut ?latriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 Harri ;burg, 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 hEve 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 beheIf 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 May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Manor, NOW Public City Of HarrislyAg, Dauphin County My Co W"M i;i;; Nov. 26, 2011 Member, Penneyla Association of Notaries Real EAft i1W W of Writ Me. gMIF7111M ChA Term Waft" Division faf?Nadonalriftynank ?. VS John F. Neu, III and Lion M. Neu Attorney Louis P. VIM LEGAL DESCRIPTION ALL that certain lot or parcel of real estate situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northern right- of-way liras of Creamery Road, Township Road T-412, at comer of Lot No. I l on the hereinafter mentioned Subdivision Plan; thence, by said Lot No. 11, South 09, depwA 29 minutes West 150 feet to a point in line of Lot No. 2B on the hereinafter mentioned Plan of Lots thence by said Lot No. 2B and by land now or formerly of Edgar Spatz, North 85 degrees 51 minutes 30 seconds East 100 feet to a.point at the corner of Lot No. 9 on the hereinafter mentioned Subdivision Plan; thence by said Lot No. 9, South 09 degrees 29 minutes East 150 feet to a point on. the Northern right-uf-way line of Creamery Road; thencee by the Northern edge of Creamery Road, South85 degrees 51 minutes 30 seconds West 100 feet to a point, the place of beginning, CONTAINING 15,000 square feet, more or less. BEING Lot No. 10 on the Subdivision Plan for Boiling Springs Plaza, Inc. recorded in the Office of the Recorder of Deeds Cumberland County, Pdinsylvania, in Plan Book 40, Page 132. HAVING erected thereon a dwelling known as 4 Creamery Drive, Boiling $ptings, PA 17007. PARCEL NO. 40-27-1921-040. BEING the same premises which Pollard & Company, Inc., by Deed dated 06!M006 and recorded 07/06/2006 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 275, Page 2593, granted and conveyed unto John F Nau and Lisa M. Nau, husband and wife.