HomeMy WebLinkAbout09-0261
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY REAL ESTATE CIVIL DIVISION
SERVICES LLC SBM NATIONAL CITY
MORTGAGE, INC FKA NATIONAL NO. OQ - ;Z/o (
CITY MORTGAGE CO
COMPLAINT IN MORTGAGE
FORECLOSURE
Plaintiff,
vs.
CHARLES E. SNYDER
Defendants.
TO DEFENDANTISI:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR
A DEFAULT JUDGMENT MAY BE ENTERED AGAINST
YOU.
By: /S/ tab /-. oft
Attorney for Plaintiff
MORTGAGE FORECLOSURE
Filed on behalf of Plaintiff
Counsel of record for this party:
Louis P. Vitti, Esquire
PA 1. D. #01072
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY REAL ESTATE SERVICES LLC SBM NATIONAL )
CITY MORTGAGE, INC FKA NATIONAL CITY MORTGAGE CO )
Plaintiff, )
NO:
vs.
CHARLES E. SNYDER, )
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
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 limited liability company 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 5081
Stacy Drive E Apt 1810, Harrisburg, PA 17111. The property address is 16 Woodmyre
Lane, Enola, PA 17025 and is the subject of this action.
3. On the 28th day of August, 2003, in consideration of a loan of One Hundred
Twenty Eight Thousand Five Hundred Eighty Four and 00/100 ($128,584.00) Dollars made
by National City Mortgage Co., to Defendant(s), the said Defendant(s) executed and
delivered to National City Mortgage Co. a "Note" secured by a Mortgage with the
Defendant(s) as mortgagor(s) and National City Mortgage Co., as mortgagee, which
mortgage was recorded on the 8th day of October, 2003, in the Office of the Recorder of
Deeds of Cumberland County, in Mortgage Book Volume 1840, page 1259. 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 August 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.
8. In accordance with the appropriate Pennsylvania Acts of Assembly and the
Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the
mortgagee's intention to foreclose. The appropriate time period has elapsed since the
Notice of Intention to Foreclose has been served upon the mortgagor(s).
9. The amount due on said mortgage is itemized on the attached schedule.
10. Pursuant to Pennsylvania Rule 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 the filing of this Complaint.
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6),
Plaintiff demands judgment for the amount due of One Hundred Thirty Four Thousand
Three Hundred Seventeen and 84/100 ($134,317.84) with interest and costs.
Respectfully submitted,
LOUT P. VITTI & ASSOC., P.C.
BY:
uis P. Vitti, Esquire
Attorney for Plaintiff
SNYDER
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 119,631.89
Interest @ 5.7500% from 07/01/08 through 1/31/2009 4,033.07
(Plus $18.8461 per day after 1/31/2009 )
Late charges through 1/13/2009
0 months @ 40.35
Accumulated beforehand 161.40
(Plus $40.35 on the 17th day of each month after 1/13/2009 )
Attorney's fee 5,981.59
Escrow deficit 4,509.89
(This figure includes projected additional charges that may be incurred by the Plaintiff
and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale)
BALANCE DUE 134,317.84
EXHIBIT "A"
LEGAL DESCRIPTION
ALL TRAT 01BTAIN list or traot of Jand situito in mast
Cumberland County, Commo4wealth of PenmaylvgWa PCnnsl?ofb 'ibwnsded
and dese more particularly bounded
n'bed as follows, to-
o wit:
,BEO?NNl O at a point on the eastern defflea
Lano at die dividing line of Lot #'T•7 and #T.80 sd ant -of w also mr beMnO ing of ,cd jt?y.
feet north of the northern extremi of locatcci ! 27.35
rov lin dedicated
t'lglitPaf--wR? of VAllA-y Stmet and atca$Odedlaa6d1 ? Wnorthem
Lane; B wqy like of 1Ntlddtsfyre
T'RUt,',E by the caetei-n rlgnt-of way line of Woodmyrd lane
having a radius of 17.5.00 l'bat and an arc len
9th of X3.16 feJ)y curve to
et, said a said cu a the la
2sav3rsg A Chord- Rowing of North 61 do rve also
o
to a point At the dividing line of Lot #T.9 and Lot #T 8,• bThence ids nc Of Lat teat
ino
North 25 dcgrees 05 minutes 33 aeoond a Romg2,y9 fast to a }?abnr, by Thence lWT.
at Other Lands of jVostwaoci Nt11a South 66 de by line
62.38 feet to a point; Thenoo by same South 74 ds os minutes 43 sceadg Cast
taa9t 12,10 feet to d point at thq dividing 1100 of IAt 0114 And Lot #T .Si 95 sltconrla
line of Lot #'f-7 and pssafi ii thMUgh the center na of a Thence by
dWeea 43 minutea 32 eaoonds West 110,42 feet to' a point o northern rlght.of.
way line of Woodmyre Leine, drop of bWnnft.
.N?', DMO 4,85?-squaw toot.
BRIM Wt #T-8 on he Final Subdivialan Pjen for Westwod Hills, Phase 111,
RscoMed in Plan Book volume , Page .
amm 15D CT TO a 26 foot wide DmIaM U.safietlt, OL 10 foot
"Odestrisn llascraCM and R variablo width DrafnW and. Wetland R ode
shawtl oft the above snontionod subdivlWon Wan, asernant as
EXHIBIT "A"
. f
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
i--
Dated: January 13, 2009
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2009-00261 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NATIONAL CITY REAL ESTATE SERV
VS
SNYDER CHARLES E
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
SNYDER CHARLES E but was
unable to locate Him in his bailiwick. He therefore returns the
NOT FOUND , as to
the within named DEFENDANT SNYDER CHARLES E
16 WOODMYRE LANE
ENOLA, PA 17025
PER NEIGHBOR, GIVEN ADDRESS IS VACANT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So answers:
18.00
,,,--
13 . 5 0 -?-?
5.00 R. Thomas Kline
10.00 Sheriff of Cumberland County
.00
46.50 LOUIS VITTI
02/02/2009
Sworn and Subscribed to before
me this day of
A. D.
S3,14 111j:lk
' 1 "0! WV 9 - 934 60OZ
SHERIFF'S RETURN - OUT OF COUNTY
OWN*
CASE NO: 2009-00261 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY REAL ESTATE SERV
VS
SNYDER CHARLES E
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:
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On February 2nd , 2009 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answer
M.._-
Docketing 6.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Dauphin Co 47.25 Sheriff of Cumberland County
Postage .76
73.01
02/02/2009
LOUIS VITTI
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A. D.
VI N", M7,AS"NN
1 =0114V 9- 93J 6002
30" '-f0--G31IJ
In The Court of Common Plus of Cumberland County, Pennsylvania,
National City Real Estate Services LLC "
vs.
Charles E. Snyder No 09-261 civil
No.
Now, January 21, 2009 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
within
upon
at
by handing to
a
and made.known to
Affidavit of -Service
20 at
o'clock
copy of the original
M. served the
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
County, PA
(lai#%tt oaf the hetf,ff
Mary Jane er
Spu
Real Estate Denyd
William T. Tully
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
NATIONAL CITY REAL ESTATE
SERVICES LLC
VS
CHARLES E. SNYDER
Sheriffs Return
No. 2009-T-0166
OTHER COUNTY NO. 09261 CIVIL
And now: JANUARY 28, 2009 at 2:29:00 PM served the within COMPLAINT IN
MORTGAGE FORECLOSURE upon CHARLES E. SNYDER by personally handing to
CHARLES E. SNYDER 1 true attested copy of the original COMPLAINT IN MORTGAGE
FORECLOSURE and making known to him/her the contents thereof at DAUPHIN COUNTY
SHERIFFS OFFICE FRONT AND MARKET STREETS HARRISBURG PA 17101
Sworn and subscribed to
before me this 29TH day of January, 2009
NOTARIAL SEAL
MARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
M Commission Expires Sept 1 2010
So Answers,
Sheriff o Dauphin County, Pa.
B _4 1.
Deputy Sheriff
Deputy: KIMBERLY BARTO
Sheriffs Costs: $47.25 1/26/2009
v'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY REAL ESTATE
SERVICES, LLC
sbm NATIONAL CITY MORTGAGE, INC
FKA
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
vs.
CHARLES E. SNYDER,
Defendant.
CIVIL DIVISION
NO. 09-261-CIVIL-TERM
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
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
WOO
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY REAL ESTATE SERVICES, LLC ) NO. 09-261-CIVIL-TERM
sbm NATIONAL CITY MORTGAGE, INC FKA )
NATIONAL CITY MORTGAGE CO., )
Plaintiff, )
VS. )
CHARLES E. SNYDER, )
Defendant. )
PRAECIPE FOR DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Enter judgment in Default of an Answer in the amount of $134,908.07, in favor of
the National City Real Estate Services, LLC, et al , Plaintiff in the above-captioned action, against
the Defendants, Charles E. Snyder and assess Plaintiffs damages as follows and/or as calculated
in the Complaint:
Unpaid Principal Balance $119,631.89
Interest from 7/1/08-3/3/09 4,617.30
(Plus $18.8461 per day after 3/3/09)
Late charges (Plus $40.35 per
month from 1/13/09-9/2/09 $363.15) 161.40
Attorney's fee 5,981.59
Escrow Deficit 4,509.89
(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. sheriff s sale)
Total Amount Due $134.908.07
The real estate, which is the subject matter of the Complaint, is situate in East
Pennsboro Twp, Cumberland Cty, Cmwlth of PA. HET a dwg k/a 16 Woodmyre Lane, Enola, PA
17025. Tax Id# 09-12-2992-173.
tmeyoP. itti,Esquire
for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY REAL ESTATE SERVICES, LLC ) NO. 09-261-CIVIL-TERM
sbm NATIONAL CITY MORTGAGE, INC FKA )
NATIONAL CITY MORTGAGE CO., )
Plaintiff, )
VS. )
CHARLES E. SNYDER, )
Defendant. )
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 18, 2009, giving ten (10) day notice that judgment
would be entered should no action be taken.
LOUIS P. VITTI & ASSOCIATES, P.C.
0
SWORN to and subscribed
before me this 3rd day
of March, 2009.
LQ')a a -
Notary Public
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY REAL ESTATE SERVICES LLC SBM NATIONAL CITY
MORTGAGE, INC FKA NATIONAL CITY MORTGAGE CO.,
Plaintiff,
VS.
CHARLES E. SNYDER,
NO. 09-261 CIVIL TERM
Defendant.
IMPORTANT NOTICE
TO: Charles E. Snyder
16 Woodmyre Lane
Enola, PA 17025
Date of Notice: February 18, 2009
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
LOUIS I & AS I P.(;.
BY:
L u i s . V i, squire
A ey 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.
d Lo ' PP Vitti, Esquire
SWORN to and subscribed
before me this 3rd day
of March, 2009.
Notary Public
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY REAL ESTATE
SERVICES, LLC
sbm NATIONAL CITY MORTGAGE, INC
FKA
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
vs.
CHARLES E. SNYDER,
CIVIL DIVISION
NO. 09-261-CIVIL-TERM
PRAECIPE FOR WRIT OF
EXECUTION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
Code MORTGAGE FORECLOSURE
Defendant.
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 REAL ESTATE SERVICES, LLC
sbm NATIONAL CITY MORTGAGE, INC FKA
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
vs.
CHARLES E. SNYDER,
Defendant.
NO. 09-261-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 $134,908.07
Interest 3/4/09-09/02/09 4,036.15
Total 138.944.22
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 16 Woodmyre Lane, Enola, PA
17025. Tax Id# 09-12-2992-173.
coo
Y. v itti, ;squire
iev for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COMM, PENNSYLVANIA
CIVIL DIVISION -- - - - -- -
PRAECIPE FOR WRIT OF F.?{ECUrION
:aotion: Np?,on?` C??? ? ' ( ) Confessed Judgnrent
&5? C e 540CUi < 5 G, ( ) Other
VS. File No. QCt _ ?(o C \ k
r- t-n--
Amoun t Due PILA _-02
Cr1o,? ?e5 . Sn?c1Pr Interest U, ()
? (o ,
Atty's Comm
Costs
I TO THE P R07H0M TARY OF THE SAID COURT :
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 C,0 rf) Y342- (' 0L -n
County, for debt, interest and costs upon the following described property of the
defendant(s) 1-i n ,, n A-1-' 1' - A i - , n
PRA =PE FOR ATTACCM M EXECWI0N
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 lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: ?•'? Q Signature: •
P=int Name- lv?
PG.
.address : 816 FIFTH AVENUE
M. PA I 52TIV-
HIM -1725
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY REAL ESTATE SERVICES, LLC )
sbm NATIONAL CITY MORTGAGE, INC FKA )
NATIONAL CITY MORTGAGE CO., )
Plaintiff, )
vs. )
CHARLES E. SNYDER, )
Defendant. )
AFFIDAVIT
NO. 09-261-CIVIL-TERM
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 16 Woodmyre Lane, Enola, PA 17025
Js P Vitti, Esquire
SWORN to and subscribed
before me this 3rd day
of March, 2009.
L?l L lc?-'
Notary Public
L c!yc.
my cc.,..4.
Mccioe
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IV
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY REAL ESTATE SERVICES, LLC
sbm NATIONAL CITY MORTGAGE, INC FKA
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
vs.
CHARLES E. SNYDER,
Defendant.
NO. 09-261-CIVIL-TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
National City Real Estate Services, LLC, 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 16
Woodmye Lane, Enola, PA 17025.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Charles E. Snyder 16 Woodmyre Lane
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
III/
4. Name and address of the last recorded holder of every mortgage of record:
Name
MERS
Irwin Union Bank and trust Company
Address (Please indicate if this
cannot be reasonably ascertained)
PO Box 2026
Flint, MI 48501
1717 East College Parkway
Carson City, NV 89706
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 and Sewer of Twp of East Penboro
Commonwealth of PA -DPW
Clerk of Courts
Criminal/Civil Division
98 South Enola Drive
Room 101
Enola, PA 17025
Po Box 371412
Pittsburgh, PA 15250
98 S. Enola Drive
Enola, PA 17025
P.O. Box 8016
Harrisburg, PA 17105
One Courthouse Square
Carlisle, PA 17013
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Tax Claim Bureau of Cumberland County
Cumberland County Courthouse
Court of Common Pleas of
Cumberland County
Domestic Relations Division
PA Dept. of Sheriff Sales
Bureau of Compliance
Tenant/Occupant
One Courthouse Square
Carlisle, PA 17013
P.O. Box 320
Carlisle, PA 17013
Dept. 4281230
Harrisburg, PA 17128-1230
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
March 3, 2009
Date
SWORN to and subscribed
before me this 3rd day
of March, 2009.
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Notary Public
. Vitti, Esquire
y for Plaintiff
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NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Charles E. Snyder
16 Woodmyre Lane
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 September 2, 2009 at 10:00 A.M., the
following described real estate, of which Charles E. Snyder are owners or reputed owners:
East Pennsboro Twp, Cumberland Cty, Cmwlth of PA. HET a dwg k/a 16 Woodmyre Lane, Enola, PA
17025. Tax Id# 09-12-2992-173.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of
National City Real Estate Services, et al vs. Charles E. Snyder at No. 09-261 Civil Term in the amount
of $134,908.07.
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.
I?
0.
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.
Lo s P. Vitti, Esquire
A rney for Plaintiff
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 REAL ESTATE SERVICES, LLC ) NO. 09-261-CIVIL-TERM
sbm NATIONAL CITY MORTGAGE, INC FKA )
NATIONAL CITY MORTGAGE CO., )
Plaintiff, )
VS. )
CHARLES E. SNYDER, )
Defendant. )
LEGAL DESCRIPTION
All that certain lot or tract of land situate in East Pennsboro Township, Cumberland County,
Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit:
Beginning at a point onteh Eastern dedicated right of way line of Woodmyre Lane at the dividing line of
Lot# T-7 and #T-8, said point also being located 127.35 feet North of the Northern extremity of an arc
connecting the Northen dedicated right of way of Valley Street and at Eastern dedicated right of way line
of Woodmyre Lane;
Thence by the eastern right of way line of Woodmyre Lane by a curve to the left having a radius of 175.00
feet and an arc length of 23.16 feet, said curve also having a Chord bearing of North 61 degrees 05
minutes 59 seconds West 23.14 feet to a point at the dividing line for Lot#T-9 and Lot#T-8; thence by line
of Lot#T-9 North 25 degrees 05 minutes 33 seconds East 92.79 feet to a point; thence by line of other
lands of Westwood Hills South 66 degrees 06 minutes 43 seconds East 62.38 feet to a point; Thence by
same South 74 degrees 24 minutes 35 seconds East 12.10 feet to a point at the dividing line of Lot#T-7
and Lot#T-8; thence by line of Lot #T-7 and passing through the centerline of a partition wall South 52
degrees 43 minutes 32 seconds West 110.42 feet to a point on the Northern right of way line of Woodmyre
Lane, the place of beginning.
Containing 4,557 square feet
Being subject to a 25 foot wide Drainage Easement, a 10 foot wide Pedestrian Easement and a variable
width Drainage and wetland Easement as shown on the above mentioned subdivision plan.
Having erected thereon a dwelling known 16 Woodmyre Lane, Enola,PA 17025
Tax ID# 09-12-2992-173
Being the same premises which Village Homes at Westwood Glen, Inc., a Pennsylvania Corporation, by
its deed dated 8/28/03 and recorded on 10/8/03 in the Recorder of Deed Office of Cumberland County,
Pennsylvania in Deed Book Volume 259, page 3949
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-261 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONAL CITY REAL ESTATE SERVICES, LLC
s/b/m NATIONAL CITY MORTGAGE, INC f/k/a NATIONAL CITY MORTGAGE CO.,
Plaintiff (s)
From CHARLES E. SNYDER
(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 $134,908.07 L.L. $.50
Interest from 3/04/09 - 9/02/09 -- $4,036.15
Atty's Comm % Due Prothy $2.00
Atty Paid $238.51 Other Costs
Plaintiff Paid
Date: 3/09/09 16.
(Seal)
Curtis R. Lo4ro , ot aryBy:
Deputy
REQUESTING PARTY:
Name: LOUIS P. VITTI, ESQUIRE
Address: LOUIS P. VITTI & ASSOCIATES, PC
916 FIFTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-281-1725
Supreme Court ID No. 01072